REPRESENTATIVE Calvert
A BILL
To amend sections 9.01, 9.83, 101.34, 101.72, 101.82, 102.02, 108.05, 109.57, 109.572, 109.91, 117.45, 121.04,
121.084, 121.62, 122.011, 122.04, 122.08, 122.25, 122.651, 122.658,
122.87, 122.88, 123.01, 124.03, 125.05, 125.06, 125.07, 125.15, 125.22, 125.91, 125.92, 125.93, 125.95, 125.96,
125.98, 126.03, 126.11, 127.16, 131.02, 131.23, 131.35, 135.22, 141.011, 147.01, 147.37, 149.011, 149.30, 149.33,
149.331, 149.332, 149.333, 149.34, 149.35, 153.65, 163.06, 164.27, 173.14, 173.26, 175.03, 175.21, 175.22, 181.51, 181.52, 181.53, 181.54, 181.55, 181.56, 183.02,
183.28, 307.202, 311.17, 317.32, 319.302, 323.01, 323.152,
329.03, 329.04, 329.051, 340.021, 340.03, 505.69, 717.01,
901.17, 901.21, 921.151, 927.69, 1309.109, 1321.21,
1333.99, 1501.04, 1513.05, 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, 1551.11, 1551.12, 1551.15, 1551.311, 1551.32, 1551.33, 1551.35, 1555.02, 1555.03, 1555.04, 1555.05, 1555.06, 1555.08, 1555.17, 1563.42, 1702.59, 2101.16,
2117.06, 2117.25, 2151.3529, 2151.3530, 2151.83, 2151.84, 2152.74, 2305.234, 2329.07, 2329.66,
2505.13, 2715.041, 2715.045, 2716.13, 2743.02, 2901.07, 2921.13, 2935.36, 2949.091, 3111.04, 3111.72,
3119.01, 3123.952, 3301.52, 3301.53, 3301.54, 3301.55,
3301.57, 3301.58, 3301.80, 3301.801, 3311.52, 3313.41, 3313.647, 3313.90, 3313.979, 3313.981, 3314.02, 3314.03, 3314.041, 3314.07, 3314.074, 3314.08, 3316.08, 3317.01, 3317.012, 3317.013,
3317.02, 3317.022, 3317.023, 3317.024, 3317.029, 3317.0213, 3317.0217, 3317.03,
3317.032, 3317.04, 3317.05, 3317.06, 3317.064, 3317.07, 3317.081, 3317.09, 3317.10, 3317.16, 3317.50,
3317.51, 3318.37, 3319.01, 3319.02, 3319.03, 3319.07, 3319.19, 3319.22, 3319.227, 3319.235, 3319.302, 3319.33, 3319.36, 3323.12, 3323.16, 3327.01, 3327.011, 3329.06, 3329.08, 3332.04, 3333.12, 3365.04, 3377.01, 3377.06, 3383.01, 3383.07, 3501.18, 3501.30, 3505.08, 3517.092, 3701.021, 3701.022, 3701.024, 3701.141, 3701.145,
3701.78, 3702.31, 3702.68, 3702.74, 3705.23, 3705.24, 3709.09, 3710.05, 3711.021, 3721.02,
3721.19, 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, 3737.81,
3745.04, 3745.11, 3745.14, 3745.40, 3746.13, 3748.07, 3748.13, 3770.07, 3770.10, 3770.99, 3773.33, 3773.43, 3781.19, 3793.09, 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, 4112.12, 4112.15, 4115.10, 4117.02, 4117.10,
4117.14, 4123.27, 4123.41, 4141.04, 4141.09, 4141.23, 4301.30, 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,
4501.27, 4503.234, 4509.60, 4511.191, 4511.75, 4561.18, 4561.21, 4707.071,
4707.072, 4707.10, 4709.12, 4717.07, 4717.09, 4719.01, 4723.06, 4723.08, 4723.082, 4725.01, 4725.02, 4725.03, 4725.04, 4725.05, 4725.06, 4725.07, 4725.08, 4725.09, 4725.10, 4725.11, 4725.12, 4725.13, 4725.15, 4725.16, 4725.17, 4725.171, 4725.18, 4725.19, 4725.20, 4725.21, 4725.22, 4725.23, 4725.24, 4725.26, 4725.27, 4725.28, 4725.29, 4725.31, 4725.33, 4725.34, 4725.99, 4731.65, 4731.71,
4734.15, 4734.99, 4736.12, 4741.17, 4743.05, 4747.05, 4747.06, 4747.07, 4747.10,
4751.06, 4751.07, 4759.08, 4771.22, 4779.08, 4779.09, 4779.10, 4779.11, 4779.12, 4779.15, 4779.16, 4779.17, 4779.18, 4779.20, 4779.21, 4779.22, 4779.23, 4779.24, 4779.25, 4779.26, 4779.27, 4779.30, 4779.32, 4779.33, 4903.24, 4905.91,
4919.79, 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, 4981.361, 5101.11, 5101.14, 5101.141, 5101.142, 5101.144,
5101.145, 5101.146, 5101.16, 5101.18, 5101.181, 5101.36, 5101.58, 5101.59, 5101.75,
5101.80, 5101.83, 5101.97, 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, 5104.04, 5104.30, 5104.32, 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, 5111.21, 5111.22, 5111.25, 5111.251, 5111.252, 5111.29, 5111.30, 5111.31, 5111.81,
5111.85, 5111.87, 5111.871, 5111.872, 5111.873, 5111.94, 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, 5120.09, 5120.51, 5123.01, 5123.051, 5123.19, 5123.60, 5123.801, 5126.01, 5126.042, 5126.12, 5139.01, 5139.36, 5139.87, 5153.163,
5153.60, 5153.69, 5153.72, 5153.78, 5310.15, 5501.03, 5502.13, 5513.01, 5515.07, 5519.01, 5705.19, 5705.41, 5709.62, 5709.63, 5709.632, 5709.64, 5719.07, 5727.56, 5733.121, 5733.18, 5733.22, 5735.05, 5735.23, 5735.26, 5735.291, 5735.30, 5747.12, 5903.12, 6101.09, 6109.21, 6115.09, 6117.02, and 6301.10; to amend, for the purpose of adopting new section numbers as indicated in parentheses, sections 181.51 (109.98), 181.52 (109.981), 181.53 (109.982), 181.54 (109.983), 181.55 (109.984), 181.56 (109.985), 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), 5108.06 (5108.04), 5108.07 (5108.05), 5111.08 (5111.071), 5111.16 (5111.08), 5111.252 (5123.199), 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 125.831, 3301.31, 3301.33, 3317.11, 4104.42, 4104.43, 4104.46, 5108.06, 5108.07, 5111.16, 5111.173, and 5115.13 and sections 107.31, 122.90, 123.152, 123.153,
125.073, 125.832, 125.833, 125.834, 153.691, 173.08, 317.36, 319.63, 927.701, 2113.041, 2117.061,
3301.34, 3301.35, 3301.36, 3301.37, 3314.083, 3314.18, 3317.034, 3318.34, 3333.16, 3501.011, 3701.029, 3702.63, 3770.073,
4104.47, 4115.21, 4511.093, 4511.094, 4511.095, 4511.096, 4511.097, 4707.24, 4723.063, 5101.12, 5101.1410, 5101.214, 5103.155,
5108.11, 5108.12, 5111.0113, 5111.025, 5111.172,
5111.174, 5111.175, 5111.206, 5111.211, 5111.222, 5111.65, 5111.66, 5111.661, 5111.67, 5111.671, 5111.672, 5111.673, 5111.674, 5111.675, 5111.676, 5111.677, 5111.68, 5111.681, 5111.682, 5111.683, 5111.684, 5111.685, 5111.686, 5111.687, 5111.688, 5111.689, 5111.6810, 5111.911, 5111.912, 5111.913, 5111.95,
5111.96, 5111.97, 5111.98, 5111.981, 5111.982, 5115.12, 5115.14, 5115.22, 5123.196, 5123.197, 5123.198, 5123.1910, 5123.38,
5123.851, 5515.08, and 5735.053; and to repeal sections 122.12, 125.831, 125.931, 125.932, 125.933, 125.934, 125.935, 131.38, 173.45, 173.46, 173.47, 173.48, 173.49, 173.50, 173.51, 173.52, 173.53, 173.54, 173.55, 173.56, 173.57, 173.58, 173.59, 1333.96, 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, 2305.26, 3301.0719, 3301.078, 3301.0724, 3301.31, 3301.581, 3302.041, 3313.82, 3313.83, 3313.99, 3317.11, 3318.35, 3318.351, 3319.06, 3319.34, 3701.142, 3701.144, 4104.42, 4104.43, 4112.12, 4112.13, 4141.044, 4141.045, 4725.40, 4725.41, 4725.42, 4725.43, 4725.44, 4725.45, 4725.46, 4725.47, 4725.48, 4725.49, 4725.50, 4725.51, 4725.52, 4725.53, 4725.531, 4725.54, 4725.55, 4725.56, 4725.57, 4725.58, 4725.59, 4779.05, 4779.06, 4779.07, 5101.251, 5108.05, 5111.017, 5111.173, 5115.011, 5115.012, 5115.06, 5115.061, and 5115.13 of the Revised Code; to amend Section 7 of Sub. H.B. 196 of the 124th General Assembly; to amend Section 5 of Am. Sub. H.B. 524 of the 124th General Assembly; to amend Sections 10 and 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 129 of Am. Sub. H.B. 283 of the 123rd General Assembly, as subsequently amended; to repeal Section 3 of Sub. H.B. 403 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 2305.234 of the Revised Code that is scheduled to take effect January 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 3734.44 of the Revised Code that is scheduled to take effect January 1, 2004, to continue the provisions of this act on and after that effective date; to amend the versions of sections 4503.234, 4511.191, and 4511.75 of the Revised Code that are scheduled to take effect January 1, 2004; and to terminate certain provisions of this act on December 31, 2013, by repealing section 4723.063 of the Revised Code on that date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 9.01, 9.83, 101.34, 101.72, 101.82, 102.02, 108.05, 109.57, 109.572, 109.91, 117.45, 121.04,
121.084, 121.62, 122.011, 122.04, 122.08, 122.25, 122.651, 122.658,
122.87, 122.88, 123.01, 124.03, 125.05, 125.06, 125.07, 125.15, 125.22, 125.91, 125.92, 125.93, 125.95, 125.96,
125.98, 126.03, 126.11, 127.16, 131.02, 131.23, 131.35, 135.22, 141.011, 147.01, 147.37, 149.011, 149.30, 149.33,
149.331, 149.332, 149.333, 149.34, 149.35, 153.65, 163.06, 164.27, 173.14, 173.26, 175.03, 175.21, 175.22, 181.51, 181.52, 181.53, 181.54, 181.55, 181.56, 183.02,
183.28, 307.202, 311.17, 317.32, 319.302, 323.01, 323.152,
329.03, 329.04, 329.051, 340.021, 340.03, 505.69, 717.01,
901.17, 901.21, 921.151, 927.69, 1309.109, 1321.21,
1333.99, 1501.04, 1513.05, 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, 1551.11, 1551.12, 1551.15, 1551.311, 1551.32, 1551.33, 1551.35, 1555.02, 1555.03, 1555.04, 1555.05, 1555.06, 1555.08, 1555.17, 1563.42, 1702.59, 2101.16,
2117.06, 2117.25, 2151.3529, 2151.3530, 2151.83, 2151.84, 2152.74, 2305.234, 2329.07, 2329.66,
2505.13, 2715.041, 2715.045, 2716.13, 2743.02, 2901.07, 2921.13, 2935.36, 2949.091, 3111.04, 3111.72,
3119.01, 3123.952, 3301.52, 3301.53, 3301.54, 3301.55,
3301.57, 3301.58, 3301.80, 3301.801, 3311.52, 3313.41, 3313.647, 3313.90, 3313.979, 3313.981, 3314.02, 3314.03, 3314.041, 3314.07, 3314.074, 3314.08, 3316.08, 3317.01, 3317.012, 3317.013,
3317.02, 3317.022, 3317.023, 3317.024, 3317.029, 3317.0213, 3317.0217, 3317.03,
3317.032, 3317.04, 3317.05, 3317.06, 3317.064, 3317.07, 3317.081, 3317.09, l3317.10, 3317.16, 3317.50,
3317.51, 3318.37, 3319.01, 3319.02, 3319.03, 3319.07, 3319.19, 3319.22, 3319.227, 3319.235, 3319.302, 3319.33, 3319.36, 3323.12, 3323.16, 3327.01, 3327.011, 3329.06, 3329.08, 3332.04, 3333.12, 3365.04, 3377.01, 3377.06, 3383.01, 3383.07, 3501.18, 3501.30, 3505.08, 3517.092, 3701.021, 3701.022, 3701.024, 3701.141, 3701.145,
3701.78, 3702.31, 3702.68, 3702.74, 3705.23, 3705.24, 3709.09, 3710.05, 3711.021, 3721.02,
3721.19, 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, 3737.81,
3745.04, 3745.11, 3745.14, 3745.40, 3746.13, 3748.07, 3748.13, 3770.07, 3770.10, 3770.99, 3773.33, 3773.43, 3781.19, 3793.09, 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, 4112.12, 4112.15, 4115.10, 4117.02, 4117.10,
4117.14, 4123.27, 4123.41, 4141.04, 4141.09, 4141.23, 4301.30, 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,
4501.27, 4503.234, 4509.60, 4511.191, 4511.75, 4561.18, 4561.21, 4707.071,
4707.072, 4707.10, 4709.12, 4717.07, 4717.09, 4719.01, 4723.06, 4723.08, 4723.082, 4725.01, 4725.02, 4725.03, 4725.04, 4725.05, 4725.06, 4725.07, 4725.08, 4725.09, 4725.10, 4725.11, 4725.12, 4725.13, 4725.15, 4725.16, 4725.17, 4725.171, 4725.18, 4725.19, 4725.20, 4725.21, 4725.22, 4725.23, 4725.24, 4725.26, 4725.27, 4725.28, 4725.29, 4725.31, 4725.33, 4725.34, 4725.99, 4731.65, 4731.71,
4734.15, 4734.99, 4736.12, 4741.17, 4743.05, 4747.05, 4747.06, 4747.07, 4747.10,
4751.06, 4751.07, 4759.08, 4771.22, 4779.08, 4779.09, 4779.10, 4779.11, 4779.12, 4779.15, 4779.16, 4779.17, 4779.18, 4779.20, 4779.21, 4779.22, 4779.23, 4779.24, 4779.25, 4779.26, 4779.27, 4779.30, 4779.32, 4779.33, 4903.24, 4905.91,
4919.79, 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, 4981.361, 5101.11, 5101.14, 5101.141, 5101.142, 5101.144,
5101.145, 5101.146, 5101.16, 5101.18, 5101.181, 5101.36, 5101.58, 5101.59, 5101.75,
5101.80, 5101.83, 5101.97, 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, 5104.04, 5104.30, 5104.32, 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, 5111.21, 5111.22, 5111.25, 5111.251, 5111.252, 5111.28, 5111.29, 5111.30, 5111.31, 5111.81,
5111.85, 5111.87, 5111.871, 5111.872, 5111.873, 5111.94, 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, 5120.09, 5120.51, 5123.01, 5123.051, 5123.19, 5123.60, 5123.801, 5126.01, 5126.042, 5126.12, 5139.01, 5139.36, 5139.87, 5153.163,
5153.60, 5153.69, 5153.72, 5153.78, 5310.15, 5501.03, 5502.13, 5513.01, 5515.07, 5519.01, 5705.19, 5705.41, 5709.62, 5709.63, 5709.632, 5709.64, 5719.07, 5727.56, 5733.121, 5733.18, 5733.22, 5735.05, 5735.23, 5735.26, 5735.291, 5735.30, 5747.12, 5903.12, 6101.09, 6109.21, 6115.09, 6117.02, and 6301.10 be amended; that sections 181.51 (109.98), 181.52 (109.981), 181.53 (109.982), 181.54 (109.983), 181.55 (109.984), 181.56 (109.985), 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), 5108.06 (5108.04), 5108.07 (5108.05), 5111.08 (5111.071), 5111.16 (5111.08), 5111.252 (5123.199), 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 125.831, 3301.31, 3301.33, 3317.11, 4104.42, 4104.43, 4104.46, 5108.06, 5108.07, 5111.16, 5111.173, and 5115.13 and sections 107.31, 122.90, 123.152, 123.153,
125.073, 125.832, 125.833, 125.834, 153.691, 173.08, 317.36, 319.63, 927.701, 2113.041, 2117.061,
3301.34, 3301.35, 3301.36, 3301.37, 3314.083, 3314.18, 3317.034, 3318.34, 3333.16, 3501.011, 3701.029, 3702.63, 3770.073,
4104.47, 4115.21, 4511.093, 4511.094, 4511.095, 4511.096, 4511.097, 4707.24, 4723.063, 5101.12, 5101.1410, 5101.214, 5103.155,
5108.11, 5108.12, 5111.0113, 5111.025, 5111.172,
5111.174, 5111.175, 5111.206, 5111.211, 5111.222, 5111.65, 5111.66, 5111.661, 5111.67, 5111.671, 5111.672, 5111.673, 5111.674, 5111.675, 5111.676, 5111.677, 5111.68, 5111.681, 5111.682, 5111.683, 5111.684, 5111.685, 5111.686, 5111.687, 5111.688, 5111.689, 5111.6810, 5111.911, 5111.912, 5111.913, 5111.95,
5111.96, 5111.97, 5111.98, 5111.981, 5111.982, 5115.12, 5115.14, 5115.22, 5123.196, 5123.197, 5123.198, 5123.1910, 5123.38,
5123.851, 5515.08, and 5735.053 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. 101.34. (A) There is hereby created a joint
legislative ethics committee to serve the general assembly. The
committee shall be composed of twelve members, six each from the
two major political parties, and each member shall serve on the
committee during the member's term as a member of that
general
assembly. Six members of the committee shall be members of the
house
of representatives appointed by the speaker of the house of
representatives, not more than three from the same political
party, and six members of the committee shall be members of the
senate appointed by the president of the senate, not more than
three from the same political party. A vacancy in the committee
shall be filled for the unexpired term in the same manner as an
original appointment. The members of the committee shall be
appointed within fifteen days after the first day of the first
regular session of each general assembly and the committee shall
meet and proceed to recommend an ethics code not later than
thirty
days after the first day of the first regular session of
each
general assembly.
In the first regular session of each general assembly, the
speaker of the house of representatives shall appoint the
chairperson of the committee from among the house
members of the
committee and the president of the senate shall appoint the
vice-chairperson of the committee from among the
senate members of
the committee. In the second regular session of each general
assembly, the president of the senate shall appoint the
chairperson of the committee from among the senate members of the
committee and the speaker of the house of representatives shall
appoint the
vice-chairperson of the committee from among the
house
members of the committee. The chairperson,
vice-chairperson, and
members of the
committee shall serve until their respective
successors are
appointed or until they are no longer members of
the general
assembly.
The committee shall meet at the call of the
chairperson or
upon the written request of seven members of the committee.
(B) The joint legislative ethics committee:
(1) Shall recommend a code of ethics which is consistent
with law to govern all members and employees of each house of the
general assembly and all candidates for the office of member of
each house;
(2) May receive and hear any complaint which alleges a
breach of any privilege of either house, or misconduct of any
member, employee, or candidate, or any violation of the
appropriate code of ethics;
(3) May obtain information with respect to any complaint
filed pursuant to this section and to that end may enforce the
attendance and testimony of witnesses, and the production of
books
and papers;
(4) May recommend whatever sanction is appropriate with
respect to a particular member, employee, or candidate as will
best maintain in the minds of the public a good opinion of the
conduct and character of members and employees of the general
assembly;
(5) May recommend legislation to the general assembly
relating to the conduct and ethics of members and employees of
and
candidates for the general assembly;
(6) Shall employ an executive director for the committee
and
may employ such other staff as the committee determines
necessary
to assist it in exercising its powers and duties. The
executive
director and staff of the committee shall be known as
the office
of legislative inspector general. At least one member
of the
staff of the committee shall be an attorney at law
licensed to
practice law in this state. The appointment and
removal of the
executive director shall require the approval of
at least eight
members of the committee.
(7) May employ a special counsel to assist the committee
in
exercising its powers and duties. The appointment and removal
of
a special counsel shall require the approval of at least eight
members of the committee.
(8) Shall act as an advisory body to the general assembly
and to individual members, candidates, and employees on questions
relating to
ethics, possible conflicts of interest, and financial
disclosure;
(9) Shall provide for the proper forms on which the
statement required pursuant to section 102.02 of the Revised Code
shall be filed and instructions as to the filing of the
statement;
(10) Exercise the powers and duties prescribed under
sections 101.70 to 101.79 and 121.60 to 121.69 of the Revised
Code;
(11) Adopt in accordance with section 111.15 of the
Revised
Code any rules that are necessary to implement and
clarify Chapter
102. and sections 2921.42 and 2921.43 of the
Revised Code.
(C) There is hereby created in the state treasury the
joint
legislative ethics committee fund. All money collected
from
registration fees
and late filing fees prescribed under sections
101.72 and
121.62 of
the Revised Code shall be deposited into the
state
treasury to the
credit of the fund. Money credited to the
fund
and any interest
and earnings from the fund shall be used
solely
for the operation
of the joint legislative ethics committee
and
the office of
legislative inspector general and for the
purchase
of data storage
and computerization facilities for the
statements
filed with the
joint committee under sections 101.73,
101.74,
121.63, and 121.64
of the Revised Code.
(D) The chairperson of the joint committee shall issue
a
written report, not later than the thirty-first day of January of
each year, to the speaker and minority leader of the house of
representatives and to the president and minority leader of the
senate that lists the number of committee meetings and
investigations the committee conducted during the immediately
preceding calendar year and the number of advisory opinions it
issued during the immediately preceding calendar year.
(E) Any investigative report that contains facts and
findings regarding a complaint filed with the committee and that
is prepared by the staff of the committee or a special counsel to
the committee shall become a public record upon its acceptance by
a vote of the majority of the members of the committee, except
for
any names of specific individuals and entities contained in
the
report. If the committee recommends disciplinary action or
reports its findings to the appropriate prosecuting authority for
proceedings in prosecution of the violations alleged in the
complaint, the investigatory report regarding the complaint shall
become a public record in its entirety.
(F)(1) Any file obtained by or in the possession of the
former
house ethics committee or former senate ethics committee
shall become the
property of the joint legislative ethics
committee. Any such file is
confidential if either of the
following applies:
(a) It is confidential under section 102.06 of the Revised
Code or the
legislative code of ethics.
(b) If the file was obtained from the former house ethics
committee or from the former senate ethics committee, it was
confidential
under any statute or any provision of a code of
ethics that governed the file.
(2) As used in this division, "file" includes, but is not
limited to,
evidence, documentation, or any other tangible thing.
Sec. 101.72. (A) Each legislative agent and employer,
within ten days following an engagement of a legislative agent,
shall file with the joint legislative ethics committee an
initial
registration statement showing all of the following:
(1) The name, business address, and occupation of the
legislative agent;
(2) The name and business address of the employer and the
real party in interest on whose behalf the legislative agent is
actively advocating, if it is different from the employer. For
the purposes of division (A) of this section, where a trade
association or other charitable or fraternal organization that is
exempt from federal income taxation under subsection 501(c) of
the
federal Internal Revenue Code is the employer, the statement
need
not list the names and addresses of each member of the
association
or organization, so long as the association or
organization itself
is listed.
(3) A brief description of the type of legislation to
which
the engagement relates.
(B) In addition to the initial registration statement
required by division (A) of this section, each legislative agent
and employer shall file with the joint committee, not later than
the last day
of January, May, and
September of each year, an
updated registration statement that
confirms the continuing
existence of each engagement described in
an initial registration
statement and that lists the specific
bills or resolutions on
which the agent actively advocated under
that engagement during
the period covered by the updated
statement, and with it any
statement of expenditures required to
be filed by section 101.73
of the Revised Code and any details of
financial transactions
required to be filed by section 101.74 of
the Revised Code.
(C) If a legislative agent is engaged by more than one
employer, the agent shall file a separate initial and updated
registration statement for each engagement. If an employer
engages more than one legislative agent, the employer need file
only one updated registration statement under division (B) of
this
section, which shall contain the information required by
division
(B) of this section regarding all of the legislative
agents
engaged by the employer.
(D)(1) A change in any information required by division
(A)(1), (2), or (B) of this section shall be reflected in the
next
updated registration statement filed under division (B) of
this
section.
(2) Within thirty days after the termination of an
engagement, the legislative agent who was employed under the
engagement shall send written notification of the termination to
the joint committee.
(E) Except as otherwise provided in this division, a
registration fee of ten twenty-five
dollars shall be charged for filing an
initial
registration statement.
All money collected from
registration
fees under this division and late filing fees
under
division (G) of this section shall
be
deposited to the
credit of
the joint legislative ethics committee
fund
created
under section
101.34 of the Revised Code into the general revenue fund of the state.
An officer or employee of a
state agency who actively
advocates in a fiduciary capacity as a
representative of
that
state agency need not pay the registration fee prescribed by this
division
or file expenditure statements under section 101.73 of
the Revised Code. As
used in this division, "state agency" does
not include a state institution of
higher education as defined in
section 3345.011 of
the Revised Code.
(F) Upon registration pursuant to division (A) of this
section, the legislative agent shall be issued a card by the
joint
committee showing that the legislative agent is registered.
The
registration card and the legislative agent's registration shall
be valid
from the date of their issuance until the next
thirty-first day of December of
an even-numbered year.
(G) The executive director of the joint committee shall be
responsible for reviewing each registration statement filed with
the joint committee under this section and for determining
whether
the statement contains all of the information required by
this
section. If the joint committee determines that the
registration
statement does not contain all of the required
information or that
a legislative agent or employer has failed to
file a registration
statement, the joint committee shall send
written notification by
certified mail to the person who filed
the registration statement
regarding the deficiency in the
statement or to the person who
failed to file the registration
statement regarding the failure.
Any person so notified by the
joint committee shall, not later
than fifteen days after
receiving the notice, file a registration
statement or an amended
registration statement that does contain
all of the information
required by this section. If any person
who receives a notice
under this division fails to file a
registration statement or
such an amended registration statement
within this fifteen-day
period, the joint committee shall
assess
a late filing fee equal to twelve dollars and fifty cents per day,
up to a maximum of one hundred dollars, upon that person. The
joint committee may waive the late filing fee for good cause
shown.
(H) On or before the fifteenth day of March of each year,
the joint committee shall, in the manner and form that it
determines, publish a report containing statistical information
on
the registration statements filed with it under this section
during the preceding year.
Sec. 101.82. 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 40 |
|
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. 107.31. (A) As used in this section:
(1) "State institutional facility" means any institution or other facility, in operation on or after January 1, 2003, for the housing of any person that is under the control of the department of rehabilitation and correction, the department of youth services, the department of mental retardation and developmental disabilities, the department of mental health, or any other agency or department of state government.
(2) "Target state agency" means the agency of state government that operates the institutional facility or facilities that the governor believes should be closed.
(B) Prior to the closing of a state institutional facility, the target state agency shall conduct a survey and analysis of the needs of each client at that facility for the purpose of ensuring that each client's identified needs during the transition and in the client's new setting are met. A copy of the analysis, devoid of any client identifying information, as well as the target state agency's proposal for meeting the needs of the clients, shall be submitted to the general assembly in accordance with section 101.68 of the Revised Code at least two months prior to the closing.
Sec. 108.05. (A) The lieutenant governor shall be a member of the
governor's
cabinet and shall preside at its meetings in the absence of the governor.
(B) The governor may appoint the lieutenant governor as an administrative
department head listed in section 121.03 of the Revised Code, as director
of the office of criminal justice services pursuant to section 181.52 of the
Revised Code, as
the governor's representative on any board, agency, committee, or
commission of which the
governor is a member and has the authority to appoint a representative, or in
an advisory capacity to any nonelective board, agency, committee, or
commission in the executive department or may give the lieutenant
governor
any special assignment as the governor considers in the interest of the state.
(C) When carrying out any of the functions described in division (B) of this
section, the lieutenant governor shall be reimbursed from funds of the
particular authority for necessary expenses incurred in the conduct of
authority business.
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. 109.91. (A) There is hereby established within the
office of the attorney general the crime victims assistance
office.
(B) There is hereby established the state victims
assistance advisory committee. The committee shall consist of a chairperson,
to be appointed by the attorney general, four ex
officio members, and fifteen members to be appointed by the
attorney general as follows: one member who represents the Ohio
victim-witness association; three members who represent local
victim assistance programs, including one from a municipally
operated program and one from a county-operated program; one
member who represents the interests of elderly victims; one
member who is a board member of any statewide or local
organization that exists primarily to aid victims of domestic
violence, or who is an employee of, or counselor for, such an
organization; one member who is an employee or officer of a
county probation department or a probation department operated by
the department of rehabilitation and correction; one member who
is a county prosecuting attorney; one member who is a city law
director; one member who is a county sheriff; one member who is a
member or officer of a township or municipal police department;
one member who is a court of common pleas judge; one member who
is a municipal court judge or county court judge; and two members
who are private citizens and are not government employees.
The committee shall include the following ex officio,
nonvoting
members: the chief justice of the supreme court, the attorney
general, one member of the senate to be designated by the
president of the senate, and one member of the house of
representatives to be designated by the speaker of the house.
Members of the committee shall serve without compensation,
but
shall be reimbursed for travel and other necessary expenses that
are incurred in the conduct of their official duties as members
of the committee. The chairperson
and members of the committee appointed by
the attorney general shall serve at the pleasure of the attorney
general. The chief justice of the supreme court and the attorney
general shall serve on the committee until the end of the
term of
office that qualified them for membership on the
committee. The
member of the senate and the member of the house of
representatives shall serve at the pleasure of the president of
the senate and the speaker of the house of representatives,
respectively.
(C) The victims assistance advisory committee shall
perform
both of the following duties:
(1) Advise the crime victims assistance office in
determining crime and delinquency victim service needs,
determining crime and delinquency victim policies for the state,
and improving and exercising leadership in the quality of crime
and delinquency victim programs in the state;
(2) Review and recommend to the crime victims assistance
office the victim assistance programs that should be considered
for the receipt of state financial assistance pursuant to section
109.92 of the Revised Code. The financial assistance allocation
recommendations of the committee shall be based on the
following
priorities:
(a) Programs in existence on July 1, 1985, shall be given
first priority;
(b) Programs offering or proposing to offer the broadest
range of services and referrals to the community served,
including medical, psychological, financial, educational,
vocational, and legal services that were not in existence on July
1, 1985, shall be given second priority;
(c) Other qualified programs shall be given last priority.
(D) As used in this section and section 109.92 of the
Revised Code, "victim assistance program" includes, but is not
limited to a program that provides at least one of the following:
(1) Services to victims of any offense of violence or
delinquent act that would be an offense of violence if committed
by an adult;
(2) Financial assistance or property repair services to
victims of crime or delinquent acts;
(3) Assistance to victims of crime or delinquent acts in
judicial proceedings;
(4) Assistance to victims of crime or delinquent acts
under the operation of any political subdivision of the state or
a branch of the criminal justice system set forth in division
(B)(1), (2), or (3) of section 181.51 109.98 of the Revised Code;
(5) Technical assistance to persons or organizations that
provide services to victims of crime or delinquent acts under the
operation of a branch of the criminal justice system set forth in
divisions (B)(1), (2), and (3) of section 181.51 109.98 of the Revised
Code.
A victim assistance program does not include the program
for the reparation of crime victims established pursuant to
Chapter 2743. of the Revised Code.
Sec. 181.51 109.98. As used in sections 181.51 109.98 to 181.56 109.985 of the
Revised Code:
(A)
"Federal criminal justice acts" means any federal law
that authorizes financial assistance and other forms of
assistance
to be given by the federal government to the states to
be used for
the improvement of the criminal and juvenile justice
systems of
the states.
(B)(1)
"Criminal justice system" includes all of the
functions of the following:
(a) The state highway patrol, county sheriff offices,
municipal and township police departments, and all other law
enforcement agencies;
(b) The courts of appeals, courts of common pleas,
municipal
courts, county courts, and mayor's courts, when dealing
with
criminal cases;
(c) The prosecuting attorneys, city directors of law,
village solicitors, and other prosecuting authorities when
prosecuting or otherwise handling criminal cases and the county
and joint county public defenders and other public defender
agencies or offices;
(d) The department of rehabilitation and correction,
probation departments, county and municipal jails and workhouses,
and any other department, agency, or facility that is concerned
with the rehabilitation or correction of criminal offenders;
(e) Any public or private agency whose purposes include
the
prevention of crime or the diversion, adjudication,
detention, or
rehabilitation of criminal offenders;
(f) Any public or private agency, the purposes of which
include assistance to crime victims or witnesses.
(2) The inclusion of any public or private agency, the
purposes of which include assistance to crime victims or
witnesses, as part of the criminal justice system pursuant to
division (B)(1) of this section does not limit, and shall not be
construed as limiting, the discretion or authority of the
attorney
general with respect to crime victim assistance and
criminal
justice programs.
(C)
"Juvenile justice system" includes all of the
functions
of the juvenile courts, the department of youth
services, any
public or private agency whose purposes include the
prevention of
delinquency or the diversion, adjudication,
detention, or
rehabilitation of delinquent children, and any of
the functions of
the criminal justice system that are applicable
to children.
(D)
"Comprehensive plan" means a document that
coordinates,
evaluates, and otherwise assists, on an annual or
multi-year
basis,
any of the functions of the criminal and
juvenile
justice
systems of the state or a specified area of the
state,
that
conforms to the priorities of the state with respect
to
criminal
and juvenile justice systems, and that conforms with
the
requirements of all federal criminal justice acts. These
functions
may include, but are not limited to,
any of the
following:
(1) Crime and delinquency prevention;
(2) Identification, detection, apprehension, and detention
of persons charged with criminal offenses or delinquent acts;
(3) Assistance to crime victims or witnesses, except that
the comprehensive plan does not include the functions of the
attorney general pursuant to sections 109.91 and 109.92 of the
Revised Code;
(4) Adjudication or diversion of persons charged with
criminal offenses or delinquent acts;
(5) Custodial treatment of criminal offenders
,
delinquent
children, or both;
(6) Institutional and noninstitutional rehabilitation of
criminal offenders, delinquent children, or both.
(E)
"Metropolitan county criminal justice services agency"
means an agency that is established pursuant to division (A) of
section 181.54 109.983 of the Revised Code.
(F)
"Administrative planning district" means a district
that
is established pursuant to division (A)
or (B) of section 181.56 109.985
of
the Revised Code.
(G)
"Criminal justice coordinating council" means a
criminal
justice services agency that is established pursuant to
division
(D) of section 181.56 109.985 of the Revised Code.
(H)
"Local elected official" means any person who is a
member
of a board of county commissioners or township trustees or
of a
city or village council, judge of the court of common pleas,
a
municipal court, or a county court, sheriff, county coroner,
prosecuting attorney, city director of law, village solicitor, or
mayor.
(I)
"Juvenile justice coordinating council" means a juvenile
justice services agency that is established pursuant to division
(D) of section 181.56 109.985 of the Revised Code.
Sec. 181.52 109.981. (A) There is hereby created an in the office of the attorney general a bureau of
criminal justice services. The governor attorney general shall appoint a director superintendent
of the office bureau, and the director superintendent may
appoint, within the office bureau,
any professional and technical
personnel and other employees that
are necessary to enable the
office bureau to comply with sections 181.51 109.98
to 181.56 109.985 of the Revised
Code. The director superintendent and the assistant
director superintendent of the office bureau, and
all professional and technical
personnel employed within the
office bureau who are not public employees
as defined in section 4117.01
of the Revised Code, shall be in the
unclassified civil service,
and all other persons employed within
the office bureau shall be in the
classified civil service. The director superintendent
may enter into any
contracts, except contracts governed by Chapter
4117. of the
Revised Code, that are necessary for the operation of
the office bureau.
(B) Subject to division
(E) of this section and subject
to
divisions
(D) to (F) of section 5120.09 of the Revised Code
insofar as those
divisions relate to federal criminal justice acts
that the governor requires
the department of rehabilitation and
correction to administer, the office bureau
of criminal justice services
shall do all of the following:
(1) Serve as the state criminal justice services agency
and
perform criminal
justice system planning in the
state, including
any planning that is required by any federal
law;
(2) Collect, analyze, and correlate information and data
concerning the criminal
justice
system in the
state;
(3) Cooperate with and provide technical assistance to
state
departments, administrative planning districts,
metropolitan
county criminal justice services agencies, criminal
justice
coordinating councils, agencies, offices, and departments
of the
criminal
justice
system in the state, and
other appropriate
organizations and persons;
(4) Encourage and assist agencies, offices, and
departments
of the criminal
justice
system in the
state
and other
appropriate organizations and persons to solve
problems
that
relate to the duties of the office bureau;
(5) Administer within the state any federal criminal
justice
acts
that the governor attorney general requires
it to
administer;
(6)
Administer funds received under the
"Family Violence
Prevention and Services Act," 98 Stat. 1757 (1984), 42 U.S.C.A.
10401, as amended, with all powers necessary for the adequate
administration of those funds, including the authority to
establish a family violence prevention and services program.
(7) Implement the state comprehensive plans;
(8) Audit grant activities of agencies, offices,
organizations, and persons that are financed in whole or in part
by funds granted through the office bureau;
(9) Monitor or evaluate the performance of criminal
justice
system projects and programs in the state
that
are financed in
whole or in part by funds granted through the
office bureau;
(10) Apply for, allocate, disburse, and account for
grants
that are made available pursuant to federal criminal
justice acts,
or made available from
other federal,
state, or private sources,
to improve the criminal
justice
system in the state. All money
from
such federal
grants
shall, if the terms under which the money
is
received
require that
the
money be deposited into an
interest-bearing fund
or account,
be deposited in
the state
treasury to the credit of
the federal
program purposes fund, which
is hereby created. All
investment
earnings of the fund shall be
credited to
the fund.
(11) Contract with federal, state, and local agencies,
foundations, corporations, businesses, and persons when necessary
to carry out the duties of the office bureau;
(12) Oversee the activities of metropolitan county
criminal
justice services agencies, administrative planning
districts, and
criminal justice coordinating councils in the
state;
(13) Advise the general assembly and governor attorney general on
legislation
and other significant matters that pertain to the
improvement and
reform of criminal and juvenile justice systems
in
the state;
(14) Prepare and recommend legislation to the general
assembly and governor attorney general for the improvement of the criminal and
juvenile justice systems in the state;
(15) Assist, advise, and make any reports that are
requested
or required by the governor, attorney general, or
general
assembly;
(16) Adopt rules pursuant to Chapter 119. of the Revised
Code.
(C)
Upon the request of the governor attorney general, the office bureau of
criminal
justice services may do any of
the
following:
(1) Collect, analyze, or correlate information and data
concerning the juvenile justice system in the state;
(2) Cooperate with and provide technical assistance to state
departments, administrative planning districts, metropolitan
county criminal justice service agencies, criminal justice
coordinating councils, agency offices, and the departments of the
juvenile justice system in the state and other appropriate
organizations and persons;
(3) Encourage and assist agencies, offices, and departments
of the juvenile justice system in the state and other appropriate
organizations and persons to solve problems that relate to the
duties of the office bureau.
(D)
Divisions (B)
and (C) of this section
do not limit
the
discretion or authority
of the attorney general with respect
to
crime victim assistance and
criminal justice programs.
(E) Nothing in this section is intended to diminish or
alter
the status of the office of the attorney general as a
criminal
justice services agency.
Sec. 181.53 109.982. The governor attorney general may appoint any advisory committees to assist the
office bureau of criminal justice services that he the attorney general
considers appropriate or that are
required under any state or federal law.
Sec. 181.54 109.983. (A) A county may enter into an agreement
with
the largest city within the county to establish a
metropolitan
county criminal justice services agency, if the
population of the
county exceeds five hundred thousand or the
population of the city
exceeds two hundred fifty thousand.
(B) A metropolitan county criminal justice services agency
shall do all of the following:
(1) Accomplish criminal and juvenile justice systems
planning within its services area;
(2) Collect, analyze, and correlate information and data
concerning the criminal and juvenile justice systems within its
services area;
(3) Cooperate with and provide technical assistance to all
criminal and juvenile justice agencies and systems and other
appropriate organizations and persons within its services area;
(4) Encourage and assist agencies of the criminal and
juvenile justice systems and other appropriate organizations and
persons to solve problems that relate to its duties;
(5) Administer within its services area any federal
criminal
justice acts or juvenile justice acts that the office bureau of
criminal
justice services
pursuant to section 5139.11 of the Revised Code
or the department of youth services administers
within the state;
(6) Implement the comprehensive plans for its services
area;
(7) Monitor or evaluate, within its services area, the
performance of the criminal and juvenile justice systems projects
and programs that are financed in whole or in part by funds
granted through it;
(8) Apply for, allocate, and disburse grants that are made
available pursuant to any federal criminal justice acts, or
pursuant to any other federal, state, or private sources for the
purpose of improving the criminal and juvenile justice systems;
(9) Contract with federal, state, and local agencies,
foundations, corporations, and other businesses or persons to
carry out the duties of the agency.
Sec. 181.55 109.984. (A)(1) When funds are available for
criminal
justice purposes pursuant to section 181.54 109.983 of
the Revised Code,
the office bureau of criminal justice services shall
provide
funds to
metropolitan county criminal justice services
agencies
for the
purpose of developing, coordinating, evaluating,
and
implementing
comprehensive plans within their respective
counties. The office bureau
of criminal justice services shall provide
funds to an agency only
if it complies with the conditions of
division (B) of this
section.
(2) When funds are available for juvenile justice purposes
pursuant to section 181.54 109.983 of the Revised Code, the department of
youth services shall provide funds to metropolitan county criminal
justice services agencies for the purpose of developing,
coordinating, evaluating, and implementing comprehensive plans
within their respective counties. The department shall provide
funds to an agency only if it complies with the conditions of
division (B) of this section.
(B) A metropolitan county criminal justice services agency
shall do all of the following:
(1) Submit, in a form that is acceptable to the office bureau of
criminal justice services
or the department of youth services
pursuant to section 5139.01 of the Revised Code, a comprehensive
plan for the county;
(2) Establish a metropolitan county criminal justice
services supervisory board whose members shall include a majority
of the local elected officials in the county and representatives
from law enforcement agencies, courts, prosecuting authorities,
public defender agencies, rehabilitation and correction agencies,
community organizations, juvenile justice services agencies,
professionals, and private citizens in the county, and that shall
have the authority set forth in division (C) of this section;
(3) Organize in the manner provided in sections 167.01 to
167.03, 302.21 to 302.24, or 713.21 to 713.27 of the Revised
Code,
unless the board created pursuant to division (B)(2) of
this
section organizes pursuant to these sections.
(C) A metropolitan county criminal justice services
supervisory board shall do all of the following:
(1) Exercise leadership in improving the quality of the
criminal and juvenile justice systems in the county;
(2) Review, approve, and maintain general oversight of the
comprehensive plans for the county and the implementation of the
plans;
(3) Review and comment on the overall needs and
accomplishments of the criminal and juvenile justice systems in
the county;
(4) Establish, as required to comply with this division,
task forces, ad hoc committees, and other committees, whose
members shall be appointed by the
chairperson of the
board;
(5) Establish any rules that the board considers necessary
and that are consistent with the federal criminal justice acts
and
section 181.52 109.981 of the Revised Code.
Sec. 181.56 109.985. (A) In counties in which a metropolitan
county
criminal justice services agency does not exist, the
office bureau of
criminal justice services shall discharge the office's bureau's
duties
that
the governor attorney general requires it to administer by
establishing
administrative planning districts
for criminal
justice programs.
An
administrative planning district shall
contain a group of
contiguous counties in which no county has a
metropolitan county
criminal justice services agency.
(B)
In counties in which a metropolitan county
criminal
justice services agency does not exist, the department of
youth
services shall discharge pursuant to section 5139.11 of the
Revised Code the department's duty by
establishing
administrative
planning districts for juvenile
justice programs.
(C) All administrative planning districts shall contain a
group of
contiguous counties in which no county has a metropolitan
county
criminal justice services agency.
(D) Any county or any combination of contiguous counties
within an administrative planning district may form a criminal
justice coordinating council
or a juvenile justice coordinating
council for its respective programs, if the county or the group of
counties has a total population in excess of two hundred fifty
thousand. The council shall comply with the conditions set forth
in divisions (B) and (C) of section 181.55 109.984 of the Revised Code,
and exercise within its jurisdiction the powers and duties set
forth in division (B) of section 181.54 109.983 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. 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. 121.62. (A) Each executive agency lobbyist and each
employer shall file with the joint legislative ethics committee, within ten
days following the engagement of an executive
agency lobbyist, an initial registration statement showing all of
the following:
(1) The name, business address, and occupation of the
executive agency lobbyist;
(2) The name and business address of the employer or of
the real party in interest on whose behalf the executive agency
lobbyist is acting, if it is different from the employer. For
the purposes of division (A) of this section, where a trade
association or other charitable or fraternal organization that is
exempt from federal income taxation under subsection 501(c) of
the federal Internal Revenue Code is the employer, the statement
need not list the names and addresses of every member of the
association or organization, so long as the association or
organization itself is listed.
(3) A brief description of the executive agency decision
to which the engagement relates;
(4) The name of the executive agency or agencies to which
the engagement relates.
(B) In addition to the initial registration statement
required by division (A) of this section, each executive agency
lobbyist and employer shall file with the joint committee, not
later than the last day of January, May, and September of each
year, an updated registration statement that confirms the
continuing existence of each engagement described in an initial
registration statement and that lists the specific executive
agency decisions that the lobbyist sought to influence under the
engagement during the period covered by the updated statement,
and with it any statement of expenditures required to be filed by
section 121.63 of the Revised Code and any details of financial
transactions required to be filed by section 121.64 of the
Revised Code.
(C) If an executive agency lobbyist is engaged by more
than one employer, the lobbyist shall file a separate initial and
updated registration statement for each engagement. If an
employer engages more than one executive agency lobbyist, the
employer need file only one updated registration statement under
division (B) of this section, which shall contain the information
required by division (B) of this section regarding all of the
executive agency lobbyists engaged by the employer.
(D)(1) A change in any information required by division
(A)(1), (2), or (B) of this section shall be reflected in the
next updated registration statement filed under division (B) of
this section.
(2) Within thirty days following the termination of an
engagement, the executive agency lobbyist who was employed under
the engagement shall send written notification of the termination
to the joint committee.
(E) A registration fee of ten twenty-five dollars shall be charged for filing an initial
registration statement. All money collected from this fee shall be deposited
into the state treasury to the credit of the joint legislative ethics
committee fund created under section 101.34 of the Revised Code general revenue fund of the state.
(F) Upon registration pursuant to this section, an
executive agency lobbyist shall be issued a card by the joint
committee showing that the lobbyist is registered. The
registration card and the executive agency lobbyist's registration shall be
valid from the date of their issuance until the thirty-first day of January of
the year following the
year in which the initial registration was filed.
(G) The executive director of the joint committee shall be
responsible for reviewing each registration statement filed with
the joint committee under this section and for determining
whether the statement contains all of the required information.
If the joint committee determines that the registration statement
does not contain all of the required information or that an
executive agency lobbyist or employer has failed to file a
registration statement, the joint committee shall send written
notification by certified mail to the person who filed the
registration statement regarding the deficiency in the statement
or to the person who failed to file the registration statement
regarding the failure. Any person so notified by the joint
committee shall, not later than fifteen days after receiving the
notice, file a registration statement or an amended registration
statement that contains all of the required information. If any
person who receives a notice under this division fails to file a
registration statement or such an amended registration statement
within this fifteen-day period, the joint committee shall notify
the attorney general, who may take appropriate action as
authorized by section 121.69 of the Revised Code.
If the joint committee notifies the attorney general
pursuant to this division, the joint committee shall also notify
each elected executive official and the director of each
department created under section 121.02 of the Revised Code of
the pending investigation.
(H) On or before the fifteenth day of March of each year,
the joint committee shall, in the manner and form that it
determines, publish a report containing statistical information
on the registration statements filed with it under this section
during the preceding year.
(I) If an employer who engages an executive agency
lobbyist is the recipient of a contract, grant, lease, or other
financial arrangement pursuant to which funds of the state or of
an executive agency are distributed or allocated, the executive
agency or any aggrieved party may consider the failure of the
employer or the executive agency lobbyist to comply with this
section as a breach of a material condition of the contract,
grant, lease, or other financial arrangement.
(J) Executive agency officials may require certification
from any person seeking the award of a contract, grant, lease, or
financial arrangement that the person and his the person's
employer are in
compliance with this section.
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. 122.25. (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;
(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.
(18) Biennially implement, by state agency location, a census of agency employees assigned space;
(19) Require each state agency to categorize periodically the use of space allotted to the agency between office space, common areas, storage space, and other uses and report its findings to the department;
(20) Create and update periodically a master space utilization plan for all space allotted to state agencies. The plan shall incorporate space utilization metrics.
(21) Conduct periodically a cost-benefit analysis to determine the effectiveness of state-owned buildings;
(22) Assess periodically the alternatives associated with consolidating the commercial leases for buildings located in Columbus;
(23) Commission a comprehensive space utilization and capacity study in order to determine the feasibility of consolidating existing commercially leased space used by state agencies into a new state-owned facility.
(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 (1) Except as provided in division (B)(2) of this section and 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.
(2) Subject to division (D) of this section, a state agency desiring to purchase services that cost more than fifty thousand dollars or supplies that cost more than twenty-five thousand dollars shall solicit, pursuant to the competitive selection requirements specified in section 125.07 of the Revised Code, at least three bids for the services or supplies and make the purchase directly from the lowest bidder instead of from or through the department, but only if the state agency determines that it is possible to purchase the services or supplies directly from that bidder at a lower price than making the purchase from or through the department. If the agency makes a purchase pursuant to division (B)(2) of this section, it shall provide the department with written notification of the subject and amount of the purchase.
(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. 125.06. The department of administrative services
may, pursuant to division (B)(1) of section 125.05 of the Revised
Code and subject to such rules as the director of administrative
services may adopt, issue a release and permit to the agency to
secure supplies or services. A release and permit shall specify
the supplies or services to which it applies, the time during
which it is operative, and the reason for its issuance. A
release and permit for computer services shall also specify the
type of services to be rendered, the number and type of machines
to be employed, and may specify the amount of such services to be
performed. One copy of every release and permit shall be filed
with the agency to which it is issued, and one copy shall be
retained by the department.
Sec. 125.07. The department of administrative services, in
making a purchase by competitive selection pursuant to
division
(B)(1) of section 125.05 of the Revised Code, or a state agency, in making a purchase by competitive selection pursuant to division (B)(2) of section 125.02 of the Revised Code, shall give
notice in
the following manner:
(A) The department or state agency shall advertise
the intended
purchases
by notice
that is posted by mail or electronic
means
and
that is
for the benefit of competing
persons
producing or dealing in the
supplies or services to be
purchased,
including, but not limited
to, the persons whose names
appear on
the appropriate list
provided for in section 125.08 of
the Revised
Code. The notice
may be in the form of the bid or
proposal
document or of a listing
in a periodic bulletin, or in any other
form
the director of
administrative services or state agency head considers appropriate
to sufficiently
notify qualified competing persons of the intended
purchases.
(B)
The notice
required under division (A) of
this
section
shall include the time and place where bids
or proposals
will be
accepted and opened,
or, when bids are made in a reverse
auction,
the time when bids will be accepted; the conditions under
which
bids or
proposals will be received; the terms of the
proposed
purchases;
and an itemized list of the
supplies
or services to be
purchased and the estimated quantities
or
amounts
of them.
(C) The
posting of
the notice
required
under division (A)
of this section shall be completed
by the number of days
the
director or state agency head
determines preceding the day when
the bids
or proposals
will be
opened
or accepted.
(D) The department or state agency
also
shall maintain, in a public
place
in its office, a bulletin board upon which it shall post and
maintain a copy of
the notice
required under division
(A) of
this
section for at least the
number of days
the
director or state agency head determines
under division
(C) of this
section
preceding the
day of the
opening
or acceptance
of
the bids
or
proposals.
The failure to
so
additionally post
the
notice shall
invalidate
all proceedings had
and any contract
entered into
pursuant to
the proceedings.
Sec. 125.073. (A) The department of administrative services shall actively promote and accelerate the use of electronic procurement, including reverse auctions as defined by section 125.072 of the Revised Code, by implementing the relevant recommendations concerning electronic procurement from the "2000 Management Improvement Commission Report to the Governor" when exercising its statutory powers.
(B) Beginning July 1, 2004, the department shall annually on or before the first day of July report to the committees in each house of the general assembly dealing with finance indicating the effectiveness of electronic procurement.
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. 125.831. As used in sections 125.831 to 125.834 of the Revised Code:
(A) "Law enforcement officer" means an officer, agent, or employee of a state agency upon whom, by statute, a duty to conserve the peace or to enforce all or certain laws is imposed and the authority to arrest violators is conferred, within the limits of that statutory duty and authority.
(B) "Motor vehicle" means any automobile, automobile truck, tractor, or self-propelled vehicle not operated or driven on fixed rails or track, but does not include a motor vehicle used by a law enforcement officer or that has a one-ton or higher hauling capacity.
(C) "State agency" means every organized body, office, or agency established by the laws of the state for the exercise of any function of state government, but does not include the general assembly, any legislative agency, the supreme court, other courts of record in the state, or any judicial agency.
Sec. 125.832. The department of administrative services is hereby granted exclusive authority over the acquisition and management of all motor vehicles used by state agencies. In carrying out this authority, the department shall do all of the following:
(A) Approve the purchase or lease of each motor vehicle. The department shall decide if a motor vehicle shall be leased or purchased.
(B) Direct and approve all funds that are expended for the purchase, lease, repair, maintenance, registration, insuring, and all other costs related to the possession and operation of the motor vehicles;
(C) Adopt rules pursuant to section 111.15 of the Revised Code establishing policies and procedures for the assignment of the motor vehicles to state agencies and to the employees and heads of state agencies. Where applicable, these policies and procedures shall include approval of the location of each state agency's motor vehicle pool. The pool may be at the central office of the state agency or at one or more of the state agency's regional offices. Assignment of motor vehicles to state agencies and to the employees and heads of state agencies shall be at the sole discretion of the department.
(D) Determine how the motor vehicles will be maintained, insured, operated, financed, and licensed;
(E) Negotiate with vendors to create fuel plans for the provision of fuel for the motor vehicles;
(F)(1) Pursuant to the formula in division (F)(2) of this section, annually establish the minimum number of business miles per year an employee or the head of a state agency must drive in order to qualify for approval by the department to receive a personal motor vehicle for business use. The department shall not establish a minimum number that is less than fourteen thousand miles. The minimum number shall not include business miles traveled to and from the employee's home and work.
(2) The department shall establish the minimum number of business miles per year under division (F)(1) of this section at an amount that results when the annual motor vehicle cost is divided by the amount that is the reimbursement rate per mile minus the amount that is the sum of the fuel cost, the operating cost, and the insurance cost.
As used in division (F)(2) of this section:
(a) "Annual motor vehicle cost" means the price of an average motor vehicle divided by the number of years an average motor vehicle is used.
(b) "Fuel cost" means the average price per gallon of motor fuel divided by the miles per gallon fuel efficiency of an average motor vehicle.
(c) "Insurance cost" means the cost of insuring an average motor vehicle per year divided by the number of miles an average motor vehicle is driven per year.
(d) "Operating cost" means the maintenance cost of an average motor vehicle per year divided by the product resulting when the number of miles an average motor vehicle is driven per year is multiplied by the number of years an average motor vehicle is used.
(e) "Reimbursement rate per mile" means the reimbursement per mile rate for travel expenses as provided by rule of the director of budget and management adopted pursuant to division (B) of section 126.31 of the Revised Code.
(G) Implement the recommendations from the 2002 report entitled "Administrative Analysis of the Ohio Fleet Management Program" related to the authority granted to the department by this section.
Sec. 125.833. (A) There is hereby established within the department of administrative services the vehicle management commission.
(B) The commission shall consist of the director of administrative services and six other members consisting of two members of the house of representatives appointed by the speaker of the house of representatives, two members of the senate appointed by the president of the senate, and two persons with experience in the vehicle leasing, purchasing, and maintenance industry in the state who are selected by the other five members of the commission. Initial appointments of legislative members to the committee shall be made by September 1, 2003, and in the manner prescribed in this section. Thereafter, appointments to the committee shall be made within fifteen days after the commencement of the first regular session of the general assembly and in the manner prescribed in this section. The terms of legislative members shall be for the duration of the session of the general assembly in which they are appointed. Legislative members of the committee shall continue to serve on the committee until the appointments are made in the following session of the general assembly, unless they cease to be members of the general assembly. A vacancy on the committee shall be filled for the unexpired term in the same manner as the original appointment.
(C) The commission shall periodically review the implementation of this section by the department of administrative services and may recommend to the department and the general assembly modifications to the department's procedures and functions and other statutory changes.
Sec. 125.834. (A) Motor vehicles shall be made available to state agencies and the employees and heads of state agencies only in the following ways:
(1) Through provision by the department on an intermittent or temporary basis under section 125.83 of the Revised Code;
(2) Through a motor vehicle pool at the central office of the state agency or at one or more of the state agency's regional offices, as the department determines under division (C) of section 125.832 of the Revised Code;
(3) Through the provision of a personal motor vehicle at the request of a state agency to an employee or the head of the state agency who drives the minimum number of business miles per year that the department determines under division (F)(1) of section 125.832 of the Revised Code and who receives approval for the motor vehicle from the department. If that individual drives less than the minimum number of miles per year or is otherwise not granted approval by the department for a personal motor vehicle, the individual must use an agency pool motor vehicle or the individual's own motor vehicle. If an individual uses the individual's own motor vehicle, the individual shall be reimbursed at the same mileage rate allowed for the reimbursement of travel expenses as provided by rule of the director of budget and management adopted pursuant to division (B) of section 126.31 of the Revised Code. If a state agency requests and receives approval for a personal motor vehicle for an individual and the individual drives the motor vehicle less than the minimum number of business miles per year, the state agency shall return that motor vehicle to the department for reassignment pursuant to this section. The state agency shall reimburse the department for all administrative costs incurred in the return and reassignment of the motor vehicle.
(B) Each state agency shall reimburse the department for all costs incurred in the assignment of motor vehicles to the state agency.
(C) Employees of the department shall be the only state employees responsible for the purchase, lease, repair, maintenance, registration, and insuring, and all other responsibilities related to the possession and operation of motor vehicles used by state agencies.
(D) Except in the case of an emergency, all fuel for state vehicles must be purchased pursuant to fuel plans that the department negotiates under division (E) of section 125.832 of the Revised Code. In the case of an emergency, a state agency or its employee or head may purchase fuel other than pursuant to such a fuel plan and be reimbursed for expenses incurred upon the approval of the department.
Sec. 125.22. (A) The department of administrative
services
shall establish the central service agency to perform
routine
support for the following boards and commissions:
(1) State board of examiners of architects;
(3) State chiropractic board;
(4) State board of cosmetology;
(7) State vision board of optometry;
(8) Ohio occupational therapy, physical therapy, and
athletic trainers board;
(9) State board of registration for professional
engineers
and surveyors;
(10) State board of sanitarian registration;
(11) Board of embalmers and funeral directors;
(12) State board of psychology;
(13) Ohio optical dispensers board;
(14) Board of speech pathology and audiology;
(15)(14) Counselor, social worker, and marriage and family
therapist board;
(16)(15) State veterinary medical licensing board;
(17)(16) Ohio board of dietetics;
(18)(17) Commission on Hispanic-Latino affairs;
(19)(18) Ohio respiratory care board;
(20) Ohio commission on African-American males;
(21)(19) Chemical dependency professionals board.
(B)(1) Notwithstanding any other section of the Revised
Code, the agency shall perform the following routine support
services for the boards and commissions named in division (A) of
this section unless the controlling board exempts a board or
commission from this requirement on the recommendation of the
director of administrative services:
(a) Preparing and processing payroll and other personnel
documents;
(b) Preparing and processing vouchers, purchase orders,
encumbrances, and other accounting documents;
(c) Maintaining ledgers of accounts and balances;
(d) Preparing and monitoring budgets and allotment plans
in
consultation with the boards and commissions;
(e) Other routine support services that the director of
administrative services considers appropriate to achieve
efficiency.
(2) The agency may perform other services which a board or
commission named in division (A) of this section delegates to the
agency and the agency accepts.
(3) The agency may perform any service for any
professional
or occupational licensing board not named in
division (A) of this
section or any commission if the board or
commission requests such
service and the agency accepts.
(C) The director of administrative services shall be the
appointing authority for the agency.
(D) The agency shall determine the fees to be charged to
the
boards and commissions, which shall be in proportion to the
services performed for each board or commission.
(E) Each board or commission named in division (A) of this
section and any other board or commission requesting services
from
the agency shall pay these fees to the agency from the
general
revenue fund maintenance account of the board or
commission or
from such other fund as the operating expenses of
the board or
commission are paid. Any amounts set aside for a
fiscal year by a
board or commission to allow for the payment of
fees shall be used
only for the services performed by the agency
in that fiscal year.
All receipts collected by the agency shall
be deposited in the
state treasury to the credit of the central
service agency fund,
which is hereby created. All expenses
incurred by the agency in
performing services for the boards or
commissions shall be paid
from the fund.
(F) Nothing in this section shall be construed as a grant
of
authority for the central service agency to initiate or deny
personnel or fiscal actions for the boards and commissions.
Sec. 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. 126.03. (A) The director of budget and management shall:
(1) Prepare biennially a capital plan and, with the
concurrence of the governor, submit it to the
general assembly. The capital plan shall contain recommendations
as to the acquisition of real estate and the construction of
public improvements. The capital plan shall extend through a
period of at least six years in the future and shall identify the
projects which should be undertaken in each biennium
of the
period through which the plan extends, together with estimated
costs of all such recommended projects.
(2) Require biennially, from the chief administrative
authorities of affected state agencies, their recommendations as
to the acquisition of real estate and construction of public
improvements which will be needed through a period of at least
six years in the future, together with a description of each
proposed public improvement and the estimated capacity of the
improvement in terms of its proposed use,; a demonstration of the
need for the real estate or public improvement, including the effects and efficacy of any such improvement relative to meeting the projected needs of affected clients and customers based on a survey and analysis by the agency of those needs; the benefits in
governmental operations expected to result from the acquisition
or construction,; the state agencies which that will occupy or control
the real estate or improvement,; and the location of the real
estate or public improvement. The director shall evaluate such
recommended projects as to their validity and as to, the
comparative degree of need among them, and their efficacy in meeting client and customer needs based on the information submitted; notify the chief
administrative authorities of the recommending agencies of the
action taken on each such recommendation; and consult with and
seek the recommendations of the chief administrative authorities
of the affected agencies on all projects being considered for
inclusion in the capital plan, whether originally proposed by the
director of budget and management or by a state agency.
(3) At the request and with the concurrence
of the governor, prepare and recommend to the general assembly a
biennial capital budget that includes the
recommendations of the
director as to projects to be undertaken
or revised during the fiscal biennium following the latest biennium
for which a capital appropriations act was enacted. The capital
budget shall
include all projects which that the director considers to be necessary
and feasible, whether originally proposed by the director or
by a state agency. Submitted with that budget shall be a summary of the client and customer needs information submitted under division (A)(2) of this section for the included projects.
(B) In the capital plan and capital budget prepared under this
section, the director of budget and management shall not provide for the
acquisition of rights-of-way for, construction of, or reconstruction of
transportation facilities by the director of transportation, other than
transportation facilities financed by the Ohio building authority.
Division (A)(2) of this section does not require the director of
transportation to provide to the director of budget and management
recommendations for the acquisition of rights-of-way for, construction of, or
reconstruction of transportation facilities, other than transportation
facilities financed by the Ohio building authority.
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 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. 131.02. (A) Whenever any amount is payable to the state,
the officer, employee, or agent responsible for administering the
law under which the amount is payable shall immediately proceed
to
collect the amount or cause the amount to be collected and
shall
pay the amount into the state treasury or into the appropriate custodial fund in the manner set
forth
pursuant to section 113.08 of the Revised Code. If the
amount is
not paid within forty-five days after payment is due,
the officer,
employee, or agent shall certify the amount due to
the attorney
general, in the form and manner prescribed by the
attorney
general, and notify the director of budget and
management thereof.
(B)(1) The attorney general shall give immediate notice by
mail
or
otherwise to the party indebted of the nature and amount
of the
indebtedness.
(2) If the amount payable to this state arises from a
tax
levied under Chapter 5733., 5739., 5741., or 5747. of the
Revised
Code, the notice also shall specify all of the following:
(a) The assessment or case number;
(b) The tax pursuant to which the assessment is made;
(c) The reason for the liability, including, if
applicable,
that a penalty or interest is due;
(d) An explanation of how and when interest will be added
to
the amount assessed;
(e) That the attorney general and tax commissioner,
acting
together, have
the authority, but are not required, to
compromise
the
claim and accept payment over a reasonable
time, if such
actions are in the
best interest of the state.
(C) The attorney general shall collect the claim or secure a
judgment and issue an execution for its collection.
(D) Each claim shall bear interest, from the day on which
the
claim became due, at the
base rate per annum
for advances and
discounts to member banks in effect at the federal reserve bank
in
required by section 5703.47 of the second federal reserve district Revised Code.
(E) The attorney general and the chief officer of the agency
reporting a claim, acting together, may do either or both any of the
following if such action is in the best interests of the state:
(1) Compromise the claim;
(2) Extend for a reasonable period the time for payment of
the claim by agreeing to accept monthly or other periodic
payments. The agreement may require security for payment of the
claim.
(3) Add fees to recover the cost of processing checks or other draft instruments returned for insufficient funds and the cost of providing electronic payment options.
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. 135.22. (A) For purposes of this section:
(1) "Treasurer" has the same meaning as in section 135.01 of
the Revised
Code, but does not include the treasurer of state.
"Treasurer" includes any
person whose duties include making
investment
decisions with respect to the investment or deposit of
interim moneys.
(2) "Subdivision" has the same meaning as in section 135.01
of the Revised
Code.
(B) To enhance the background and working knowledge of
treasurers
in investments, cash management, and ethics, the
treasurer of state shall provide annual continuing education
programs for treasurers. A treasurer
annually
on a biennial basis
shall complete
the continuing education programs described in this
section,
unless the treasurer
annually provides a notice of
exemption
described in division (E) of this section.
(C) The treasurer of state shall determine the manner,
content, and length of
the continuing education programs after
consultation with
appropriate statewide organizations of local
government officials.
(D) Upon successful completion of a continuing education
program required by
this section, the treasurer of state shall
issue a certificate indicating that
the treasurer has successfully
completed the continuing education program
prescribed by the
treasurer of state. The treasurer of state shall forward to
the
auditor of state any certificates issued pursuant to this division
by the
treasurer of state. The auditor of state shall maintain in
the
auditor's
auditor of state's records any certificates
forwarded by the treasurer of state pursuant to this
division. As
part of the auditor of state's audit of the subdivision
conducted
in accordance with section 117.11 of the Revised Code, the auditor
of state shall report whether the treasurer is in compliance with
this section
of the Revised Code.
(E) Division (B) of this section does not
apply to any
treasurer who
annually provides a notice of
exemption to the
auditor of state. The notice shall be certified by the
treasurer
of state and shall provide that the treasurer is not subject to
the
continuing education requirements set forth in division (B) of
this section,
because the treasurer invests or deposits public
moneys
in the following investments only:
(1) Interim deposits pursuant to division (B)(3) of section
135.14 of the Revised Code;
(2) No-load money market mutual funds pursuant to division
(B)(5)
of section 135.14 of the Revised Code;
(3) The Ohio subdivision's fund pursuant to division (B)(6)
of
section 135.14
of the Revised Code.
(F) In carrying out the duties required by this section, the
treasurer of
state may charge the subdivision served by the
treasurer a registration fee
that will meet actual and necessary
expenses in connection with the training
of the treasurer,
including instruction fees, site acquisition costs, and the
cost
of course materials. Any necessary personal expenses of a
treasurer
incurred as a result of attending the continuing
education courses shall be
borne by the subdivision represented by
the treasurer.
(G) The treasurer of state may allow any other interested
person to attend
any of the continuing education programs that are
held pursuant to this
section, provided that before attending any
such continuing education program,
the interested person has paid
to the treasurer of state the full registration
fee set for the
continuing education program.
(H) All funds collected pursuant to this section shall be
paid into the
county treasurer education fund created pursuant to
section 321.46 of the
Revised
Code, and the actual and necessary
expenses of the treasurer of state in
conducting the continuing
education programs required by this section shall be
paid from
this fund.
(I) The treasurer of state may adopt reasonable rules not
inconsistent with
this section for the implementation of this
section.
Sec. 141.011. Beginning in calendar year
2001, the annual
salaries of the elective officers of the state shall be as
follows
rather than as prescribed by divisions (A) to (F) of
section
141.01 of the Revised Code:
(A)(1) In calendar year 2001 the annual salary of the
governor shall be
one hundred twenty-six thousand four hundred
ninety-seven dollars.
(2) In calendar years 2002 through 2006 the annual salary
of the governor
shall be one hundred thirty
thousand two hundred
ninety-two dollars.
(3) In calendar year 2007 the annual salary of the governor
shall
be
the annual salary in 2006 increased by each of the
following percentages
in succession:
(a) The lesser of three per cent or the percentage
increase,
if
any, in the consumer price index from October 1, 2001, to
September 30, 2002, rounded to the
nearest one-tenth of one per
cent;
(b) The lesser of three per cent or the percentage
increase,
if
any, in the consumer price index from October 1, 2002, to
September 30, 2003, rounded to the
nearest one-tenth of one per
cent;
(c) The lesser of three per cent or the percentage increase,
if
any, in the consumer price index from October 1, 2003, to
September 30, 2004, rounded to the
nearest one-tenth of one per
cent;
(d) The lesser of three per cent or the percentage increase,
if
any, in the consumer price index from October 1, 2004, to
September 30, 2005, rounded to the
nearest one-tenth of one per
cent;
(e) The lesser of three per cent or the percentage increase,
if
any, in the consumer price index from October 1, 2005, to
September 30, 2006, rounded to the
nearest one-tenth of one per
cent.
(4) In calendar year 2008 and thereafter, the annual salary
of
the governor shall be the annual salary in 2007 increased by
the lesser
of the following:
(b) The percentage increase, if any, in the consumer price
index
from October 1, 2006, to September 30, 2007, rounded to the
nearest one-tenth of one per cent.
(B)(1) In calendar year 2001 the annual salary of the
lieutenant
governor
shall be sixty-six thousand three
hundred six
dollars.
(2) In calendar years 2002 through 2006 the annual salary
of the
lieutenant governor shall be
sixty-eight thousand two
hundred ninety-five dollars.
(3) In calendar
year 2007 the annual salary of the lieutenant
governor
shall be the annual salary in 2006 increased by each of
the following
percentages in succession:
(a) The lesser of three per cent or the percentage increase,
if
any, in the consumer price index from October 1, 2001, to
September 30, 2002, rounded to the
nearest one-tenth of one per
cent;
(b) The lesser of three per cent or the percentage
increase,
if
any, in the consumer price index from October 1, 2002, to
September 30, 2003, rounded to the
nearest one-tenth of one per
cent;
(c) The lesser of three per cent or the percentage
increase,
if
any, in the consumer price index from October 1, 2003, to
September 30, 2004, rounded to the
nearest one-tenth of one per
cent;
(d) The lesser of three per cent or the percentage
increase, if
any, in the consumer price index from October 1,
2004, to
September 30, 2005, rounded to the
nearest one-tenth of
one per cent;
(e) The lesser of three per cent or the percentage increase,
if
any, in the consumer price index from October 1, 2005, to
September 30, 2006, rounded to the
nearest one-tenth of one per
cent.
(4) In calendar year 2008 and thereafter, the annual salary
of
the lieutenant governor shall be the annual salary in 2007
increased by the lesser of the following:
(b) The percentage increase, if any, in the consumer price
index
from October 1, 2006 to September 30, 2007, rounded to the
nearest one-tenth of one per cent.
If the governor appoints the lieutenant governor as an
administrative
department head or as the director of the office of
criminal justice
services under section 108.05 of the Revised
Code, the lieutenant governor
may accept
the salary for that
office while serving as its head in lieu of the salary for
the
office of lieutenant governor.
(C)(1) In calendar year 2001 the annual salary of the
secretary of
state,
auditor of state, treasurer of state, and
attorney general shall be ninety-three thousand four hundred
forty-seven
dollars.
(2) In calendar year 2002 the
annual
salary of the
secretary of state, auditor of state, treasurer of state, and
attorney general
shall be ninety-six thousand two
hundred fifty
dollars.
(3) In each calendar year from 2003 through 2008, the annual
salary of the secretary of state, auditor of state, treasurer of
state, and attorney general shall be increased by
the lesser of
the following:
(b) The percentage increase, if any, in the consumer price
index
over the twelve-month period that ends on the thirtieth day
of
September of the immediately preceding year, rounded to the
nearest one-tenth of one per cent.
(D) Upon the death of an elected executive officer of the
state listed in divisions (A) to (F) of section 141.01 of the
Revised Code during that person's term of office, an amount shall
be paid in accordance with section 2113.04 of the Revised Code, or
to that
person's estate. The amount shall equal the amount of the
salary that the
officer would have received during the remainder
of the officer's unexpired
term or an amount equal to the salary
of that person's office for two years,
whichever is less.
(E) As used in this section, "consumer price index" has the
same
meaning as in section 101.27 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. 149.30. The Ohio historical society, chartered by
this state as a corporation not for profit to promote a knowledge
of history and archaeology, especially of Ohio, and operated
continuously in the public interest since 1885, may perform
public functions as prescribed by law.
The general assembly may appropriate money to the Ohio
historical society each biennium to carry out the public
functions of the society as enumerated in this section. An
appropriation by the general assembly to the society constitutes
an offer to contract with the society to carry out those public
functions for which appropriations are made. An acceptance by
the society of the appropriated funds constitutes an acceptance
by the society of the offer and is considered an agreement by the
society to perform those functions in accordance with the terms
of the appropriation and the law and to expend the funds only for
the purposes for which appropriated. The governor may request on
behalf of the society, and the controlling board may release,
additional funds to the society for survey, salvage, repair, or
rehabilitation of an emergency nature for which funds have not
been appropriated, and acceptance by the society of
those funds constitutes an agreement on the part of the society to
expend
those funds only for the purpose for which released by the
controlling board.
The society shall faithfully expend and apply all moneys
received from the state to the uses and purposes directed by law
and for necessary administrative expenses. The society shall
perform the public function of sending notice by certified mail
to the owner of any property at the time it is listed on the
national register of historic places. The society shall
accurately record all expenditures of such funds in conformity
with generally accepted accounting principles.
The auditor of state shall audit all funds and fiscal
records of the society.
The public functions to be performed by the Ohio historical
society shall include all of the following:
(A) Creating, supervising, operating, protecting,
maintaining, and promoting for public use a system of state
memorials, titles to which may reside wholly or in part with this
state or wholly or in part with the society as provided in and in
conformity to appropriate acts and resolves of the general
assembly, and leasing for renewable periods of two years or less,
with the advice and consent of the attorney general and the
director of administrative services, lands and buildings owned by
the state which are in the care, custody, and control of the
society, all of which shall be maintained and kept for public use
at reasonable hours;
(B) Making alterations and improvements, marking, and
constructing, reconstructing, protecting, or restoring
structures, earthworks, and monuments in its care, and equipping
such facilities with appropriate educational maintenance
facilities;
(C) Serving as the archives administration for the state
and its political subdivisions as provided in sections 149.31 to
149.42 of the Revised Code;
(D) Administering a state historical museum, to be the
headquarters of the society and its principal museum and library,
which shall be maintained and kept for public use at reasonable
hours;
(E) Establishing a marking system to identify all
designated historic and archaeological sites within the state and
marking or causing to be marked historic sites and communities
considered by the society to be historically or archaeologically
significant;
(F) Publishing books, pamphlets, periodicals, and other
publications about history, archaeology, and natural science and
supplying offering one copy of each regular periodical issue to all public
libraries in this state without charge at a reasonable price, which shall not exceed ten per cent of the total cost of publication;
(G) Engaging in research in history, archaeology, and
natural science and providing historical information upon request
to all state agencies;
(H) Collecting, preserving, and making available by all
appropriate means and under approved safeguards all manuscript,
print, or near-print library collections and all historical
objects, specimens, and artifacts which pertain to the history of
Ohio and its people, including the following original documents:
Ohio Constitution of 1802; Ohio Constitution of 1851; proposed
Ohio Constitution of 1875; design and the letters of patent and
assignment of patent for the state flag; S.J.R. 13 (1873); S.J.R.
53 (1875); S.J.R. 72 (1875); S.J.R. 50 (1883); H.J.R. 73 (1883);
S.J.R. 28 (1885); H.J.R. 67 (1885); S.J.R. 17 (1902); S.J.R. 28
(1902); H.J.R. 39 (1902); S.J.R. 23 (1903); H.J.R. 19 (1904);
S.J.R. 16 (1905); H.J.R. 41 (1913); H.J.R. 34 (1917); petition
form (2) (1918); S.J.R. 6 (1921); H.J.R. 5 (1923); H.J.R. 40
(1923); H.J.R. 8 (1929); H.J.R. 20 (1929); S.J.R. 4 (1933);
petition form (2) (1933); S.J.R. 57 (1936); petition form (1936);
H.J.R. 14 (1942); H.J.R. 15 (1944); H.J.R. 8 (1944); S.J.R. 6
(1947); petition form (1947); H.J.R. 24 (1947); and H.J.R. 48
(1947);
(I) Encouraging and promoting the organization and
development of county and local historical societies;
(J) Providing to Ohio schools with such materials at cost or
near cost as the society may prepare to facilitate the
instruction of Ohio history at a reasonable price, which shall not exceed ten per cent of the total cost of preparation;
(K) Providing advisory and technical assistance to local
societies for the preservation and restoration of historic and
archaeological sites;
(L) Devising uniform criteria for the designation of
historic and archaeological sites throughout the state and
advising local historical societies of the criteria and their
application;
(M) Taking inventory, in cooperation with the Ohio arts
council, the Ohio archaeological council, and the archaeological
society of Ohio, of significant designated and undesignated state
and local sites and keeping an active registry of all designated
sites within the state;
(N) Contracting with the owners or persons having an
interest in designated historic or archaeological sites or
property adjacent or contiguous to those sites, or
acquiring, by
purchase, gift, or devise, easements in those sites or in
property
adjacent or contiguous to those sites, in order to control
or
restrict the use of those historic or archaeological sites
or
adjacent or contiguous property for the purpose of restoring or
preserving the historical or archaeological significance or
educational value of those sites;
(O) Constructing a monument honoring Governor James A.
Rhodes, which shall stand on the northeast quadrant of the
grounds surrounding the capitol building. The monument shall be
constructed with private funds donated to the Ohio historical
society and designated for this purpose. No public funds shall
be expended to construct this monument. The department of
administrative services shall cooperate with the Ohio historical
society in carrying out this function and shall maintain the
monument in a manner compatible with the grounds of the capitol
building.
(P) Commissioning a portrait of each departing governor, which shall be
displayed in the capitol building. The Ohio historical society may
accept private contributions designated for this purpose and, at the
discretion of its board of trustees, also may apply for the same purpose funds
appropriated by the general assembly to the society pursuant to this section.
(Q) Planning and developing a center at the capitol
building for the purpose of educating visitors about the history
of Ohio, including its political, economic, and social
development and the design and erection of the capitol building
and its grounds. The Ohio historical society may accept
contributions of private moneys and in-kind services designated
for this purpose and may, at the discretion of its board of
trustees, also apply, for the same purpose, personnel and other
resources paid in whole or in part by its state subsidy.
(R) Submitting an annual report of its activities,
programs, and operations to the governor within two months after
the close of each fiscal year of the state.
The society shall not sell, mortgage, transfer, or dispose
of historical or archaeological sites to which it has title and
in which the state has monetary interest except by action of the
general assembly.
In consideration of the public functions performed by the
Ohio historical society for the state, employees of the society
shall be considered public employees within the meaning of
section 145.01 of the Revised Code.
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. 153.691. No public authority planning to contract for professional design services, prior to selecting and ranking professional design firms and negotiating a contract with the firm ranked most qualified to perform the required services under section 153.69 of the Revised Code, shall seek any form of fee estimate, fee proposal, or other estimate or measure of compensation.
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. 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. 173.26. (A) Each of the following facilities shall
annually pay to the department of aging three 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 in accordance with Chapter 119.
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. 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. 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. 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. (A) 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 property listed on the
general tax list and duplicate of real and public utility
property for the current tax year, and against each manufactured
and mobile home that is
taxed pursuant to division (D)(2) of section
4503.06 of the Revised Code and that is on the
manufactured home tax list for the current tax year, by ten per
cent. 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 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 certified to the county
treasurer for collection. Upon receipt of the tax duplicate, the
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 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 provided
for in this section shall be adjusted to the extent necessary to
provide funds from such taxes.
(B) The county auditor shall not reduce any portion of the remaining sums under division (A) of this section that is levied as the result of a real property tax levy, or renewal of an existing tax levy, approved by electors on or after January 1, 2004.
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. 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. 323.152. 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. Any tax on real property or on manufactured homes, or renewal of an existing tax on such property or homes, that is approved by the electors on or after January 1, 2004, shall not be reduced as required by division (B) of this section.
(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 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 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 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 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. 329.051. 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. 340.021. (A) In an alcohol, drug addiction, and mental health
service district comprised of a county with a population of two hundred
fifty thousand or more on the effective date of this section, the board of county commissioners
shall, within thirty days of the effective date of this section, establish may adopt a resolution providing for either of the following:
(1) Establishment of a board of alcohol, drug addiction, and mental health services as the entity responsible for providing alcohol, drug addiction, and mental health services in the county;
(2) Establishment of
an alcohol and drug
addiction services board as the entity responsible for providing
alcohol and drug addiction services in the county, unless, prior
to that date, the board adopts a resolution providing that the
entity responsible for providing the services is a board of
alcohol, drug addiction, and mental health services. If the
board of county commissioners establishes an alcohol and drug
addiction services board, the and a community mental health board
established under former section 340.02 of the Revised Code shall
serve as the entity responsible for providing mental health
services in the county. A Before adopting a resolution under division (A) of this section, the board of county commissioners shall provide notice of the proposed resolution to the board or boards that serve as the entity or entities responsible for providing alcohol, drug addiction, and mental health services in the county. The board of county commissioners shall not vote on the proposed resolution for at least sixty days after providing the notice. The board shall provide an opportunity for the entity or entities to comment on the proposed resolution.
Each time a board of county commissioners adopts a resolution under division (A) of this section, the board shall provide for the equitable adjustment and division or combination of services, assets, property, debts, and obligations, if any, of the board or boards that served prior to the adoption of the resolution as the entity or entities responsible for providing alcohol, drug addiction, and mental health services in the county.
(C) When a board of county commissioners adopts a resolution under division (A)(2) of this section providing for the establishment of an alcohol and drug addiction services board and a community mental health board, all of the following apply:
(1) The
community mental health board has all
the powers, duties, and obligations of a board of alcohol, drug
addiction, and mental health services with regard to mental
health services. An The alcohol and drug addiction services board
has all the powers, duties, and obligations of a board of
alcohol, drug addiction, and mental health services with regard
to alcohol and drug addiction services. Any
(2) Any provision of the
Revised Code that refers to a board of alcohol, drug addiction,
and mental health services with regard to mental health services
also refers to a the community mental health board and any. Any provision of the Revised Code
that refers to a board of alcohol, drug addiction, and mental
health services with regard to alcohol and drug addiction
services also refers to an the alcohol and drug addiction services
board.
An (3) The alcohol and drug addiction services board shall consist
of eighteen members, six of whom shall be appointed by the
director of alcohol and drug addiction services and twelve of
whom shall be appointed by the board of county commissioners. Of
the members appointed by the director, one shall be a person who
has received or is receiving services for alcohol or drug
addiction, one shall be a parent or relative of such a person,
one shall be a professional in the field of alcohol or drug
addiction services, and one shall be an advocate for persons
receiving treatment for alcohol or drug addiction. The
membership of the board shall, as nearly as possible, reflect the
composition of the population of the service district as to race
and sex. Members shall be residents of the service district and
shall be interested in alcohol and drug addiction services.
Requirements for membership, including prohibitions against
certain family and business relationships, and terms of office
shall be the same as those for members of boards of alcohol, drug
addiction, and mental health services.
(B) A (4) The community mental health board shall consist of
eighteen members, six of whom shall be appointed by the director
of mental health and twelve of whom shall be appointed by the
board of county commissioners. Of the members appointed by the
director, one shall be a person who has received or is receiving
mental health services, one shall be a parent or relative of such
a person, one shall be a psychiatrist or a physician, and one
shall be a mental health professional. The membership of the
board as nearly as possible shall reflect the composition of the
population of the service district as to race and sex. Members
shall be residents of the service district and shall be
interested in mental health services. Requirements for
membership, including prohibitions against certain family and
business relationships, and terms of office shall be the same as
those for members of boards of alcohol, drug addiction, and
mental health services.
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. 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. 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. 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 section 927.69 of the Revised Code shall be used to carry out the purposes specified in that section, and the portion of the money in the fund 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 under this chapter is in excess of the amount necessary to
meet the expenses of the director of agriculture in administering this chapter
and shall transfer any such 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.
If the director charges fees for any of the certificates, agreements, or inspections specified in this division, the fees shall be as follows:
(1) Phyto sanitary certificates, twenty-five dollars;
(2) Compliance agreements, twenty dollars;
(3) Solid wood packing certificates, twenty dollars;
(4) Vegetable, fruit, and field crop inspections, sixty-five dollars.
The director may adopt rules under section 927.52 of the Revised Code that define the certificates, agreements, and inspections.
The fees 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 employing a minimum of two inspectors.
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. 1513.05. There is hereby created a reclamation
commission
consisting of seven members appointed by the
governor
with the advice and consent of the senate.
For the purposes of
hearing appeals under section 1513.13 of the Revised Code that
involve mine safety issues, the reclamation commission shall
consist of two additional members appointed specifically for that
function by the governor with the advice and consent of the
senate. All terms of office
shall be for five years, commencing
on the twenty-ninth day of
June and ending on the twenty-eighth
day of June. Each member
shall hold office from the date of
appointment until the end
of the term for which the appointment
was
made. Each vacancy occurring
on the commission shall be
filled by appointment within
sixty days
after the vacancy occurs.
Any member appointed to fill a vacancy
occurring prior to the
expiration of the term for which the
member's
predecessor was
appointed shall hold office for the remainder of
such term. Any
member shall continue in office subsequent to the
expiration date
of the member's term until the
member's successor takes office, or
until a period of sixty days has elapsed, whichever occurs first.
Two of the appointees to the commission shall be persons
who,
at the
time of their appointment, own and operate a farm or are
retired
farmers. Notwithstanding section 1513.04 of the Revised
Code,
one of the appointees to the commission shall be a person
who, at the
time of appointment, is the representative of an
operator of
a coal mine. One of the appointees to the commission
shall be a
person who, by reason of the person's previous
vocation,
employment, or
affiliations, can be classed as a
representative of the public.
One of the appointees to the
commission shall be a person
who, by
reason of previous training
and experience, can be classed as
one learned and experienced in
modern forestry practices. One of
the appointees to the
commission shall be a person who, by
reason of
previous training
and experience, can be classed as one
learned and experienced in
agronomy. One of the appointees to
the commission shall be either
a person who, by reason of
previous
training and experience, can
be classed as one capable and
experienced in earth-grading
problems, or a civil engineer. Beginning not later than five years after the effective date of this amendment, at least one of the seven appointees to the commission shall be an attorney at law who is admitted to practice in this state and is familiar with mining issues. Not
more than four members shall
be members of the same political
party.
The two additional members of the commission who are
appointed specifically to hear appeals that involve mine safety
issues shall be individuals who, because of previous vocation,
employment, or affiliation, can be classified as representatives
of employees currently engaged in mining operations. One shall be
a representative of coal miners, and one shall be a representative
of aggregates miners. Prior to making the appointment, the
governor shall request the highest ranking officer in the major
employee organization representing coal miners in this state to
submit to the governor the names and qualifications of three
nominees and shall request the highest ranking officer in the
major employee organization representing aggregates miners in this
state to do the same. The governor shall appoint one person
nominated by each organization to the commission. The nominees
shall have not less than five years of practical experience in
dealing with mine health and safety issues and at the time of the
nomination shall be employed in positions that involve the
protection of the health and safety of miners. The major employee
organization representing coal miners and the major employee
organization representing aggregates miners shall represent a
membership consisting of the largest number of coal miners and
aggregates miners, respectively, in this state compared to other
employee organizations in the year prior to the year in which the
appointments are made.
When the commission hears an appeal that involves a coal
mining safety issue, one of the commission members who owns and
operates a farm or is a retired farmer shall be replaced by the
additional member who is a representative of coal miners. When
the commission hears an appeal that involves an aggregates mining
safety issue, one of the commission members who owns and operates
a farm or is a retired farmer shall be replaced by the additional
member who is a representative of aggregates miners. Neither of
the additional members who are appointed specifically to hear
appeals that involve mine safety issues shall be considered to be
members of the commission for any other purpose, and they shall
not participate in any other matters that come before the
commission.
The commission may appoint a secretary to hold office at
its
pleasure. A commission member may serve as secretary.
The
secretary
shall perform such duties as the commission prescribes,
and shall
receive such compensation as the commission fixes in
accordance with
such schedules as are provided by law for the
compensation of
state employees.
The commission shall appoint one or more hearing officers
who
shall be attorneys at law admitted to practice in this state to
conduct hearings under this chapter.
Four members constitute a quorum, and no action of the
commission shall be valid unless it has the concurrence of
at
least
four members. The commission shall keep a record of its
proceedings.
Each member shall be paid as compensation for work as a
member one hundred fifty dollars per day when actually engaged in
the performance of work as a member and when engaged in
travel
necessary in connection with such work. In addition to
such
compensation each member shall be reimbursed for all
traveling,
hotel, and other expenses, in accordance with the
current travel
rules of the office of budget and management,
necessarily incurred
in the performance of the member's work
as a member.
Annually one member shall be elected as chairperson and
another member shall be elected as
vice-chairperson for terms of
one
year.
The governor may remove any member of the commission from
office
for inefficiency, neglect of duty, malfeasance,
misfeasance, or
nonfeasance, after delivering to the member the
charges against
the member in writing with at least ten days'
written notice
of the time
and place at which the governor will
publicly hear the member,
either in person or by counsel, in
defense of the charges against
the member. If the member is
removed from office, the
governor shall
file in the office of the
secretary of state a complete statement
of the charges made
against the member and a complete report of
the proceedings. The
action of the governor removing a member
from office is final.
The commission shall adopt rules governing procedure of
appeals
under section 1513.13 of the Revised Code and may, for its
own
internal management, adopt rules
that do not affect
private
rights.
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. 1551.11. (A) To achieve the purposes of this
chapter sections 1551.01 to 1551.25 of the Revised Code, the director of development may:
(1) Identify, plan, organize, initiate, and sponsor
studies, research, and experimental, pilot, and demonstration
facilities and projects which that would lead to the development and
more efficient utilization of present, new, or alternative energy
sources in the this state, to the conservation of energy, to the
attraction of federal and other development funding in emerging
and established national or state priority areas, or to the
enhancement of the economic development of the state;
(2) Promote, assist, and provide financial assistance for
the development of nonprofit corporations organized and
established under Chapter 1702. of the Revised Code to further
the purposes of this section;
(3) Seek out, apply for, receive, and accept grants,
gifts, contributions, loans, and other assistance in any form
from public and private sources, including assistance from any
governmental agency;
(4) Make grants under division (F) of section 1551.12 of
the Revised Code from funds that are appropriated by the general
assembly and from gifts or grants obtained under division (A)(3)
of this section for the purposes of developing, constructing, or
operating experimental, pilot, and demonstration facilities or
programs which develop, test, or demonstrate more efficient and
environmentally acceptable methods of extracting energy
resources; new concepts, programs, or technology for the
conservation of energy; new concepts, programs, or technology for
the efficient and environmentally acceptable utilization of
present, new, or alternative energy sources; or concepts,
programs, or technology which develop resources of the state.
Grants may be made, without limitation, for projects and programs
such as experimental demonstrations of the use of Ohio coal in
processes which would facilitate its widespread use as a source
of energy; experimental demonstrations of new or improved coal,
natural gas, and natural petroleum extraction techniques and of
reclamation techniques at the extraction sites; experimental
demonstrations or development of solar heating and cooling and
potentially energy-efficient construction in public buildings,
schools, offices, commercial establishments, and residential
homes; development of programs or experimental demonstrations of
the utilization of waste products in energy production and
mineral and energy conservation; and development of programs or
experimental demonstrations of technologies which would permit
utility pricing policies which may reduce the consumer costs of
energy.
(5) Enter into agreements with persons and governmental
agencies, in any combination, for the purposes of this section.
(B) Any materials or data submitted to, made available by
or to, or received by the director under division (A) of this
section, division (F) of section 1551.12, or division (B) of
section 1551.15 of the Revised Code, and any information taken
from those materials or data for any purpose, to the extent that
those materials or data consist of trade secrets or other
proprietary information, are not public information or public
documents and shall not be open to public inspection.
(C) The exercise by the director of the powers conferred
by this chapter sections 1551.01 to 1551.25 of the Revised Code for the preservation or creation of jobs and
employment opportunities for the people of the this state through the
development and efficient utilization of energy resources of the
state is in all respects for the benefit of the people of the
state, and is determined to be an essential government function
and public purpose of the state.
Sec. 1551.12. The director of development may:
(A) Seek, solicit, or acquire personal property or any
estate, interest, or right in real property, or services, funds,
and other things of value of any kind or character by purchase,
lease, gift, grant, contribution, exchange, or otherwise from any
person or governmental agency to be held, used, and applied in
accordance with and for the purposes of this chapter sections 1551.01 to 1551.25 of the Revised Code;
(B) Contract for the operation of, and establish rules for
the use of, facilities over which the director has
supervision or control,
which rules may include the limitation of ingress to or egress
from such facilities as may be necessary to maintain the security
of such facilities and to provide for the safety of those on the
premises of such facilities;
(C) Purchase such fire and extended coverage insurance and
insurance protecting against liability for damage to property or
injury to or death of persons as the director may consider
necessary and proper under this chapter sections 1551.01 to 1551.25 of the Revised Code;
(D) Sponsor, conduct, assist, and encourage conferences,
seminars, meetings, institutes, and other forms of meetings;
authorize, prepare, publish, and disseminate any form of studies,
reports, and other publications; originate, prepare, and assist
proposals for the expenditure or granting of funds by any
governmental agency or person for purposes of energy resource
development; and investigate, initiate, sponsor, participate in,
and assist with cooperative activities and programs involving
governmental agencies and other entities of other states and
jurisdictions;
(E) Do all acts and things necessary and proper to carry
out the powers granted and the duties imposed by this chapter sections 1551.01 to 1551.25 of the Revised Code;
(F) Make grants of funds to any person, organization, or
governmental agency of the state for the furnishing of goods or
performance of services.
Any person or governmental agency that receives funds from
the department of development, or utilizes the facilities of the
department under this chapter sections 1551.01 to 1551.25 of the Revised Code shall agree in writing that all
know-how, trade secrets, and other forms of property, rights, and
interest arising out of developments, discoveries, or inventions,
including patents, copyrights, or royalties thereon, which result
in whole or in part from research, studies, or testing conducted
by use of such funds or facilities shall be the sole property of
the department, except as may be otherwise negotiated and
provided by contract in advance of such research, studies, or
testing. However, such exceptions do not apply to the director
or employees of the department participating in or performing
research, tests, or studies.
Rights retained by the department may be assigned,
licensed, transferred, sold, or otherwise disposed of, in whole
or in part, to any person or governmental agency. Any
and all income, royalties, or proceeds derived or retained from
such dispositions shall be paid to the state and credited to the
general revenue fund.
Any instrument by which real property is acquired pursuant to this section
shall identify the agency of the this state that has the use and benefit of the
real property as specified in section 5301.012 of the Revised Code.
Sec. 1551.15. (A) All general revenue fund moneys
required by the department of development for purposes of this
chapter sections 1551.01 to 1551.25 of the Revised Code are subject to appropriation by the general assembly.
(B) The director of development may enter into agreements,
make grants, or enter into contracts for the purposes of
effecting the construction and operation in this state of
experimental, pilot, or demonstration energy resource development
facilities. Before making grants or entering contracts, the
director shall determine that all of the following criteria are
met:
(1) The urgency of public need for the potential results
of the experimental, pilot, or demonstration project is high, and
there is little likelihood that similar results would be achieved
in this state in a timely manner in the absence of state
assistance;
(2) The potential opportunities for private interests to
recapture the investment in the undertaking through the normal
commercial exploitation of proprietary knowledge appear to be
inadequate to encourage timely results in this state;
(3) The extent of the problems treated and the objectives
sought by the project are consistent with the purposes of this
chapter sections 1551.01 to 1551.25 of the Revised Code and of general significance to the state.
This determination by the director shall include the facts
or reasons justifying it and shall be journalized by the
director.
(C) The director may use funds as appropriated, donated,
granted, or received for any of the following purposes:
(1) Construction and related architectural or engineering
studies or purchase of physical plant and equipment for an
experimental, pilot, or demonstration energy resource development
facility;
(2) Acquisition and improvement of land, construction of
roads, and provision of other public facilities incidental and
necessary to the accomplishment of experimental, pilot, or
demonstration energy resource development facilities;
(3) Operation of an energy resource development
experimental, pilot, or demonstration project or facility, which
could include but not be limited to labor, feedstocks, and repair
or replacement parts;
(4) Purchase of all or a portion of the usable output of
energy resource development experimental, pilot, or demonstration
projects and the disposition of this output for use in the
facilities of governmental agencies.
(D) Each grant made pursuant to this section shall be
accomplished through written agreements between the department
and the person or governmental agency which would effect the
construction and operation of the project or facility, and
between the department and the persons and governmental agencies
which would share the expenses and costs of the project or
facility. In addition to such other terms as may be required by
law or advised by counsel, each agreement shall provide for each
of the following conditions:
(1) The limitation of the department's financial
obligations in the project or facility to a specified dollar
amount which shall not exceed one-third of the total costs of the
project or facility;
(2) The financial participation in the project or facility
by the federal government or its agencies, by private
corporations doing business in this state, by local governmental
agencies, or by other organizations;
(3) The disposition of the assets of the project or
facility, should it be terminated or abandoned, in such manner
that the department shall be repaid in the same proportion as its
share in the total of moneys, property, or other assets expended,
contributed, or invested in the project or facility;
(4) The criteria for the identification if and when the
project or facility is commercially viable through the profitable
disposition of its output;
(5) The termination of the department's financial support
at such time the project or facility is commercially viable and
the repayment of the department through the future profits, if
any, of the project or facility.
Sec. 1551.311. The general assembly hereby finds and
declares that the future of the Ohio coal industry lies in the
development of clean coal technology and that the
disproportionate economic impact on the state under Title IV of
the "Clean Air Act Amendments of 1990," 104 Stat. 2584, 42
U.S.C.A. 7651, warrants maximum federal assistance to the this state
for such development. It is therefore imperative that the
department of development Ohio air quality development authority created under Chapter 3706. of the Revised Code, its Ohio coal development office, the
Ohio coal industry, the Ohio Washington office in the office of
the governor, and the state's congressional delegation make every
effort to acquire any federal assistance available for the
development of clean coal technology, including assisting
entities eligible for grants in their acquisition. The Ohio coal
development agenda required by section 1551.34 of the Revised
Code shall include, in addition to the other information required
by that section, a description of such efforts and a description
of the current status of the development of clean coal technology
in this state and elsewhere.
Sec. 1551.32. (A) There is hereby established within the
department of development Ohio air quality development authority the Ohio coal development office whose
purposes are to do all of the following:
(1) Encourage, promote, and support siting, financing,
construction, and operation of commercially available or scaled
facilities and technologies, including, without limitation,
commercial-scale demonstration facilities and, when necessary or
appropriate to demonstrate the commercial acceptability of a
specific technology, up to three installations within this state
utilizing the specific technology, to more efficiently produce,
beneficiate, market, or use Ohio coal;
(2) Encourage, promote, and support the market acceptance
and increased market use of Ohio coal through technology and
market development;
(3) Assist in the financing of coal development
facilities;
(4) Encourage, promote, and support, in state-owned
buildings, facilities, and operations, use of Ohio coal and
electricity sold by utilities and others in this state that use Ohio
coal
for generation;
(5) Improve environmental quality, particularly through
cleaner use of Ohio coal;
(6) Assist and cooperate with governmental agencies,
universities and colleges, coal producers, coal miners, electric
utilities and other coal users, public and private sector coal
development interests, and others in achieving these purposes.
(B) The office shall give priority to improvement or
reconstruction of existing facilities and equipment when
economically feasible, to construction and operation of
commercial-scale facilities, and to technologies, equipment, and
other techniques that enable maximum use of Ohio coal in an
environmentally acceptable, cost-effective manner.
Sec. 1551.33. (A) The director of development Ohio air quality development authority, by the affirmative vote of a majority of its members, shall
appoint
and fix the compensation of the director of the Ohio coal
development office established under section 1551.32 of the
Revised Code. The director of the office shall serve at the
pleasure of the director of development authority.
(B) The director of the office shall do all of the
following:
(1) Biennially prepare and maintain the Ohio coal
development agenda required under section 1551.34 of the Revised
Code;
(2) Propose and support policies for the office consistent
with the Ohio coal development agenda and develop means to
implement the agenda;
(3) Initiate, undertake, and support projects to carry out
the office's purposes and ensure that the projects are consistent
with and meet the selection criteria established by the Ohio coal
development agenda;
(4) Actively encourage joint participation in and, when
feasible, joint funding of the office's projects with
governmental
agencies, electric utilities, universities and
colleges, other
public or private interests, or any other person;
(5) Establish a table of organization for and employ such
employees and agents as are necessary for the administration and
operation of the office;
(6) Appoint specified members of and convene the technical
advisory committee established under section 1551.35 of the
Revised Code;
(7) Review, with the assistance of the technical advisory
committee, proposed coal research and development projects as
defined in section 1555.01 of the Revised Code, and coal
development projects, submitted to the office by public utilities
for the purpose of section 4905.304 of
the Revised Code. If the
director and the advisory committee
determine that any such
facility or project has as its purpose
the enhanced use of Ohio
coal in an environmentally acceptable,
cost effective manner,
promotes energy conservation, is cost
effective, and is
environmentally sound, the director shall
submit to the public
utilities commission a report recommending
that the commission
allow the recovery of costs associated with
the facility or
project under section 4905.304 of the Revised Code and
including
the reasons for the recommendation.
(8) Establish such policies, procedures, and guidelines as
are necessary to achieve the office's purposes.
(C) With the approval of the director of development By the affirmative vote of a majority of the members of the Ohio air quality development authority, the
director of the office may exercise any of the powers and duties
of the director of development as the directors authority and the director of the office consider
appropriate or desirable to achieve the office's purposes,
including, but not limited to, the powers and duties enumerated
in
sections 1551.11, 1551.12, 1551.13, and 1551.15 of the Revised
Code.
Additionally, the director of the office may make loans to
governmental agencies or persons for projects to carry out the
office's purposes. Fees, charges, rates of interest, times of
payment of interest and principal, and other terms, conditions,
and provisions of the loans shall be such as the director of the
office determines to be appropriate and in furtherance of the
purposes for which the loans are made. The mortgage lien
securing
any moneys lent by the director of the office may be
subordinate
to the mortgage lien securing any moneys lent or
invested by a
financial institution, but shall be superior to
that securing any
moneys lent or expended by any other person.
The moneys used in
making the loans shall be disbursed upon order
of the director of
the office.
Sec. 1551.35. (A) There is hereby established a technical
advisory committee to assist the director of the Ohio coal
development office established under section 1551.32 of the
Revised Code in achieving the office's purposes. The director
shall appoint to the committee one member of the public utilities
commission and one representative each of coal production
companies, the united mine workers of America, electric
utilities, manufacturers that use Ohio coal, and environmental
organizations, as well as two people with a background in coal
research and development technology, one of whom is employed at
the time of the member's appointment by a state
university, as defined in section 3345.011 of the Revised Code. In
addition, the committee
shall include four legislative members. The speaker and minority
leader of the house of representatives each shall appoint one
member of the house of representatives, and the president and
minority leader of the senate each shall appoint one member of
the senate, to the committee. The director of environmental protection,
representing the
environmental protection agency, the Ohio air quality director of development
authority, and one member of the Ohio water development authority designated by that authority, shall serve
on the committee as members ex officio. Any member of the committee may
designate in writing a substitute to serve in the member's absence on the
committee. The director of environmental protection may designate in writing
the chief of the air pollution control division of the agency to represent the
agency. Members shall serve on
the committee at the pleasure of their appointing authority. Members of the
committee appointed by the director of the office
and, notwithstanding section 101.26 of the Revised Code,
legislative members of the committee, when engaged in their
official duties as members of the committee, shall be compensated
on a per diem basis in accordance with division (J) of section
124.15 of the Revised Code, except that the member of the public
utilities commission and, while employed by a state
university, the member with a background in coal research, shall
not be so compensated. Members shall receive their actual and
necessary expenses incurred in the performance of their duties.
(B) The technical advisory committee shall review and make
recommendations concerning the Ohio coal development agenda
required under section 1551.34 of the Revised Code, project
proposals, research and development projects submitted to the
office by public utilities for the purpose of
section
4905.304 of the Revised Code, proposals for grants,
loans, and loan guarantees for purposes of sections 1555.01 to
1555.06 of the Revised Code, and such other topics as the
director of the office considers appropriate.
(C) The technical advisory committee may hold an executive
session at any regular or special meeting for the purpose of
considering research and development project proposals or
applications for assistance submitted to the Ohio coal
development office under section 1551.33, or sections 1555.01 to
1555.06, of the Revised Code, to the extent that such proposals
or applications consist of trade secrets or other proprietary
information.
Any materials or data submitted to, made available to, or
received by the director of Ohio air quality development authority or the director of the
Ohio coal development office in connection with agreements for
assistance entered into under this chapter or
Chapter 1555. of the Revised Code, or any information
taken from such materials or data for
any purpose, to the extent that the materials or data consist of
trade secrets or other proprietary information, are not public
records for the purposes of section 149.43 of the Revised Code.
As used in this division, "trade secrets" has the same meaning as in
section 1333.61 of the Revised Code.
Sec. 1555.02. It is hereby declared to be the public
policy of the this state through the operations of the Ohio coal
development office under this chapter to contribute toward one or
more of the following: to provide for the comfort, health,
safety, and general welfare of all employees and other
inhabitants of the this state through research and development
directed toward the discovery of new technologies or the
demonstration or application of existing technologies to enable
the conversion or use of Ohio coal as a fuel or chemical
feedstock in an environmentally acceptable manner thereby
enhancing the marketability and fostering the use of this state's
vast reserves of coal, to assist in the financing of coal
research and development and coal research and development
projects or facilities for persons doing business in this state
and educational and scientific institutions located in this
state, to create or preserve jobs and employment opportunities or
improve the economic welfare of the people of the this state, or to
assist and cooperate with such persons and educational and
scientific institutions in conducting coal research and
development. In furtherance of such this public policy, the Ohio coal
development office may, with the advice of the technical advisory
committee created in section 1551.35 of the Revised Code and the
approval of the director of development affirmative vote of a majority of the members of the Ohio air quality development authority, may make loans, guarantee
loans, and make grants to persons doing business in this state or
to educational or scientific institutions located in this state
for coal research and development projects by such persons or
educational or scientific institutions; may, with the advice of
the technical advisory committee and the approval of the director
of development affirmative vote of a majority of the members of the Ohio air quality development authority, request the issuance of coal research and
development general obligations under section 151.07
of the
Revised Code to provide funds for making such loans, loan
guarantees, and grants; and may, with the advice of the technical
advisory committee and the approval of the director of
development affirmative vote of a majority of the members of the Ohio air quality development authority, expend moneys credited to the coal research and
development fund created in section 1555.15 of the Revised Code
for the purpose of making such loans, loan guarantees, and
grants. Determinations by the director of the Ohio coal
development office that coal research and development or a coal
research and development facility is a coal research and
development project under this chapter and is consistent with the
purposes of Section 15 of Article VIII, Ohio Constitution, and
this chapter shall be conclusive as to the validity and
enforceability of the coal research and development general
obligations issued to finance such project and of the
authorizations, trust agreements or indentures, loan agreements,
loan guarantee agreements, or grant agreements, and other
agreements made in connection therewith, all in accordance with
their terms.
Sec. 1555.03. For the purposes of this chapter, the
director of the Ohio coal development office may:
(A) With the advice of the technical advisory committee
created in section 1551.35 of the Revised Code and the approval
of the director of development affirmative vote of a majority of the members of the Ohio air quality development authority, make loans, guarantee loans, and
make grants to persons doing business in this state or to
educational or scientific institutions located in this state for
coal research and development projects by any such person or
educational or scientific institution and adopt rules under
Chapter 119. of the Revised Code for making such loans,
guarantees, and grants.
(B) In making loans, loan guarantees, and grants under
division (A) of this section and section 1555.04 of the Revised
Code, the director of the office shall ensure that an adequate
portion of the total amount of those loans, loan guarantees, and
grants, as determined by the director with the advice of the
technical advisory committee, be is used for conducting research on
fundamental scientific problems related to the utilization of
Ohio coal and shall ensure, to the maximum feasible extent, joint
financial participation by the federal government or other
investors or interested parties in conjunction with any such
loan, loan guarantee, or grant. The director, in each grant
agreement or contract under division (A) of this section, loan
contract or agreement under this division or section 1555.04 of
the Revised Code, and contract of guarantee under section 1555.05
of the Revised Code, shall require that the facility or project
be maintained and kept in good condition and repair by the person
or educational or scientific institution to whom the grant or
loan was made or for whom the guarantee was made.
(C) From time to time, with the advice of the technical
advisory committee and the approval of the director of
development affirmative vote of a majority of the members of the Ohio air quality development authority, request the issuance of coal research and
development general obligations under section 151.07
of the
Revised Code, for any of the purposes set forth in Section 15 of
Article VIII, Ohio Constitution, and subject to the limitations
therein upon the aggregate total amount of obligations that may
be outstanding at any time.
(D) Include as a condition of any loan, loan guarantee, or
grant contract or agreement with any such person or educational
or scientific institution that the director of the office
receive, in addition to payments of principal and interest on any
such loan or service charges for any such guarantee, as
appropriate, as authorized by Section 15, Article VIII, Ohio
Constitution, a reasonable royalty or portion of the income or
profits arising out of the developments, discoveries, or
inventions, including patents or copyrights which, that result in whole
or in part from coal research and development projects conducted
under any such contract or agreement, in such amounts and for
such period of years as may be negotiated and provided by the
contract or agreement in advance of the making of the grant,
loan, or loan guarantee. Moneys so received by the director of
the office shall be credited to the coal research and development
bond service fund.
(E) Employ managers, superintendents, and other employees
and retain or contract with consulting engineers, financial
consultants, accounting experts, architects, and such other
consultants and independent contractors as are necessary in
the
judgment of the director of the office to carry out this chapter, and
fix the compensation
thereof.
(F) Receive and accept from any federal agency, subject to
the approval of the governor, grants for or in aid of the
construction or operation of any coal research and development
project or for coal research and development, 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 such grants and contributions are
made.
(G) Purchase fire and extended coverage and liability
insurance for any coal research and development project,
insurance protecting the office and its officers and employees
against liability for damage to property or injury to or death of
persons arising from its operations, and any other insurance the
director of the office determines necessary or proper under this
chapter. Any moneys received by the director from the proceeds
of any such insurance with respect to a coal research and
development project and any moneys received by the director from
the proceeds of any settlement, judgment, foreclosure, or other
insurance with respect to a coal research and development project
or facility shall be credited to the coal research and
development bond service fund.
(H) In the exercise of the powers of the director of the
office under this chapter, call
to the director's assistance, temporarily, from time to
time, any engineers,
technical experts, financial experts, and other employees in any
state department, agency, or commission, or in the Ohio state
university, or other educational institutions financed wholly or
partially by the this state for purposes of assisting the director of
the office with reviewing and evaluating applications for
financial assistance under this chapter, monitoring performance
of coal research and development projects receiving financial
assistance under this chapter, and reviewing and evaluating the
progress and findings of those projects. Such engineers,
experts, and employees shall not receive any additional
compensation over that which they receive from the department,
agency, commission, or educational institution by which they are
employed, but they shall be reimbursed for their actual and
necessary expenses incurred while working under the direction of
the director.
(I) Do all acts necessary or proper to carry out the
powers expressly granted in this chapter.
Sec. 1555.04. (A) With respect to coal research and
development projects financed wholly or partially from a loan or
loan guarantee under this chapter, the director of the Ohio coal
development office may, in addition to other powers under this
chapter, with the advice of the technical advisory committee
created in section 1551.35 of the Revised Code and the approval affirmative vote
of the director of development a majority of the members of the Ohio air quality development authority, may enter into loan agreements,
accept notes and other forms of obligation to evidence such
indebtedness and mortgages, liens, pledges, assignments, or other
security interests to secure such indebtedness, which may be
prior or subordinate to or on a parity with other indebtedness,
obligations, mortgages, pledges, assignments, other security
interests, or liens or encumbrances, and take such actions as he the
director of the office
considers appropriate to protect such security and safeguard
against losses, including, without limitation, foreclosure and
the bidding upon and purchase of property upon foreclosure or
other sale;.
(B) The authority granted by this section is cumulative
and supplementary to all other authority granted in this chapter.
The authority granted by this section does not alter or impair
any similar authority granted elsewhere in this chapter with
respect to other projects.
Sec. 1555.05. (A) Subject to any limitations as to
aggregate amounts thereof that may from time to time be
prescribed by the general assembly and to other applicable
provisions of this chapter, and subject to the one hundred
million dollar one-hundred-million-dollar limitation provided in Section 15 of Article VIII,
Ohio Constitution, the director of the Ohio coal development
office may, on behalf of the this state, with the advice of the
technical advisory committee created in section 1551.35 of the
Revised Code and the approval affirmative vote of a majority of the members of the director of development Ohio air quality development authority, may
enter into contracts to guarantee the repayment or payment of the
unpaid principal amount of loans made to pay the costs of coal
research and development projects.
(B) The contract of guarantee may make provision for the
conditions of, time for, and manner of fulfillment of the
guarantee commitment, subrogation of the this state to the rights of
the parties guaranteed and exercise of such parties' rights by
the state, giving the state the option of making payment of the
principal amount guaranteed in one or more installments and, if
deferred, to pay interest thereon from the source specified in
division (A) of this section, and any other terms or conditions
customary to such guarantees and as the director of the office
may approve, and may contain provisions for securing the
guarantee in the manner consistent with this section, covenants
on behalf of the this state to issue obligations under section 1555.08
of the Revised Code to provide moneys to fulfill such guarantees
and covenants, and covenants restricting the aggregate amount of
guarantees that may be contracted under this section and
obligations that may be issued under section 151.07 of
the
Revised Code, and terms pertinent to either, to better secure the
parties guaranteed.
(C) The director of the office may fix service charges for
making a guarantee. Such charges shall be payable at such times
and place and in such amounts and manner as may be prescribed by
the director. Moneys received from such charges shall be
credited to the coal research and development bond service fund.
(D) Any guaranteed parties under this section, by any suitable form of legal proceedings and except to
the extent that their rights are restricted by the guarantee
documents, may by any suitable form of legal proceedings, protect
and enforce any rights under the laws of this state or granted by
such guarantee or guarantee documents. Such rights include the
right to compel the performance of all duties of the office
required by this section or the guarantee or guarantee documents;
and in the event of default with respect to the payment of any
guarantees, to apply to a court having jurisdiction of the cause
to appoint a receiver to receive and administer the moneys
pledged to such guarantee with full power to pay, and to provide
for payment of, such guarantee, and with such powers, subject to
the direction of the court, as are accorded receivers in general
equity cases, excluding any power to pledge or apply additional
revenues or receipts or other income or moneys of the this state.
Each duty of the office and its director and employees required
or undertaken under this section or a guarantee made under this
section is hereby established as a duty of the office and of its
director and each such employee having authority to perform such
duty, specifically enjoined by the 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 director of
the office, or its employees, are not liable in their personal
capacities on any guarantees or contracts to make guarantees by
the director.
Sec. 1555.06. Upon application by the director of the Ohio
coal development office with the approval affirmative vote of a majority of the director of
development members of the Ohio air quality development authority, the controlling board may, from appropriations
available to the board, may provide funds for surveys or studies by
the office of any proposed coal research and development project
subject to repayment by the office from funds available to it,
within the time fixed by the board. Funds to be repaid shall be
charged by the office to the appropriate coal research and
development project and the amount thereof shall be a cost of the
project. This section does not abrogate the authority of the
controlling board to otherwise provide funds for use by the
office in the exercise of the powers granted to it by this
chapter.
Sec. 1555.08. (A) Subject to the limitations provided in
Section 15 of Article VIII, Ohio Constitution, the commissioners
of the sinking fund, upon certification by the director of the
Ohio coal development office of the amount of moneys or
additional moneys needed in the coal research and development
fund for the purpose of making grants or loans for allowable
costs, or needed for capitalized interest, for funding reserves,
and for paying costs and expenses incurred in connection with the
issuance, carrying, securing, paying, redeeming, or retirement of
the obligations or any obligations refunded thereby, including
payment of costs and expenses relating to letters of credit,
lines of credit, insurance, put agreements, standby purchase
agreements, indexing, marketing, remarketing and administrative
arrangements, interest swap or hedging agreements, and any other
credit enhancement, liquidity, remarketing, renewal, or refunding
arrangements, all of which are authorized by this section, or
providing moneys for loan guarantees, shall issue obligations of
the state under this section in amounts authorized by the general
assembly; provided that such obligations may be issued to the
extent necessary to satisfy the covenants in contracts of
guarantee made under section 1555.05 of the Revised Code to issue
obligations to meet such guarantees, notwithstanding limitations
otherwise applicable to the issuance of obligations under this
section except the one-hundred-million-dollar limitation provided
in Section 15 of Article VIII, Ohio Constitution. The proceeds
of such obligations, except for the portion to be deposited in
the coal research and development bond service fund as may be
provided in the bond proceedings, shall as provided in the bond
proceedings be deposited in the coal research and development
fund. The commissioners of the sinking fund may appoint
trustees, paying agents, and transfer agents and may retain the
services of financial advisors, accounting experts, and
attorneys, and retain or contract for the services of marketing,
remarketing, indexing, and administrative agents, other
consultants, and independent contractors, including printing
services, as are necessary in their judgment to carry out this
section.
(B) The full faith and credit of the state of Ohio is
hereby pledged to obligations issued under this section. The
right of the holders and owners to payment of bond service
charges is limited to all or that portion of the moneys pledged
thereto pursuant to the bond proceedings in accordance with this
section, and each such obligation shall bear on its face a
statement to that effect.
(C) Obligations shall be authorized by resolution of the
commissioners of the sinking fund on request of the director of
the Ohio coal development office as provided in section 1555.02
of the Revised Code and the bond proceedings shall provide for
the purpose thereof and the principal amount or amounts, and
shall provide for or authorize the manner or agency for
determining the principal maturity or maturities, not exceeding
forty years from the date of issuance, the interest rate or rates
or the maximum interest rate, the date of the obligations and the
dates of payment of interest thereon, their denomination, and the
establishment within or without the state of a place or places of
payment of bond service charges. Sections 9.98 to 9.983 of the
Revised Code apply to obligations issued under this section. The purpose of
such obligations may be stated in
the bond proceedings in terms describing the general purpose or
purposes to be served. The bond proceedings shall also provide,
subject to the provisions of any other applicable bond
proceedings, for the pledge of all, or such part as the
commissioners of the sinking fund may determine, of the moneys
credited to the coal research and development bond service fund
to the payment of bond service charges, which pledges may be made
either prior or subordinate to other expenses, claims, or
payments and may be made to secure the obligations on a parity
with obligations theretofore or thereafter issued, if and to the
extent provided in the bond proceedings. The moneys so pledged
and thereafter received by the state are immediately subject to
the lien of such pledge without any physical delivery thereof or
further act, and the lien of any such pledges is valid and
binding against all parties having claims of any kind against the
state or any governmental agency of the state, 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 moneys is effective and the money 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 with respect thereto, made in the
bond proceedings may therein be extended to the benefit of the
owners and holders of obligations authorized by this section, and
to any trustee therefor, for the further security of the payment
of the bond service charges.
(D) The bond proceedings may contain additional provisions
as to:
(1) The redemption of obligations prior to maturity at the
option of the commissioners of the sinking fund at such price or
prices and under such terms and conditions as are provided in the
bond proceedings;
(2) Other terms of the obligations;
(3) Limitations on the issuance of additional obligations;
(4) The terms of any trust agreement or indenture securing
the obligations or under which the obligations may be issued;
(5) The deposit, investment, and application of the coal
research and development bond service fund, and the safeguarding
of moneys on hand or on deposit, without regard to Chapter 131.
or 135. of the Revised Code, but subject to any special
provisions of this chapter, with respect to particular moneys;
provided, that any bank or trust company which acts as depository
of any moneys in the fund may furnish such indemnifying bonds or
may pledge such securities as required by the commissioners of
the sinking fund;
(6) Any other provision of the bond proceedings being
binding upon the commissioners of the sinking fund, or such other
body or person as may from time to time have the authority under
law to take such actions as may be necessary to perform all or
any part of the duty required by such provision;
(7) Any provision which may be made in a trust agreement
or indenture;
(8) Any other or additional agreements with the holders of
the obligations, or the trustee therefor, relating to the
obligations or the security therefor, including the assignment of
mortgages or other security obtained or to be obtained for loans
under this chapter.
(E) The obligations may have the great seal of the state
or a facsimile thereof affixed thereto or printed thereon. The
obligations shall be signed by such members of the commissioners
of the sinking fund as are designated in the resolution
authorizing the obligations or bear the facsimile signatures of
such members. Any coupons attached to the obligations shall bear
the facsimile signature of the treasurer of state. Any
obligations may be executed by the persons who, on the date of
execution, are the commissioners although on the date of such
bonds the persons were not the commissioners. Any coupons may be
executed by the person who, on the date of execution, is the
treasurer of state although on the date of such coupons the
person was not the treasurer of state. In case any officer or
commissioner whose signature or a facsimile of whose signature
appears on any such obligations or any coupons ceases to be such
officer or commissioner before delivery thereof, such signature
or facsimile is nevertheless valid and sufficient for all
purposes as if the individual had remained such officer or
commissioner until
such delivery; and in case the seal to be affixed to obligations
has been changed after a facsimile of the seal has been imprinted
on such obligations, such facsimile seal shall continue to be
sufficient as to such obligations and obligations issued in
substitution or exchange therefor.
(F) All obligations except loan guarantees are negotiable
instruments and securities under Chapter 1308. of the Revised
Code, subject to the provisions of the bond proceedings as to
registration. The obligations may be issued in coupon or in
registered form, or both, as the commissioners of the sinking
fund determine. Provision may be made for the registration of
any obligations with coupons attached thereto as to principal
alone or as to both principal and interest, their exchange for
obligations so registered, and for the conversion or reconversion
into obligations with coupons attached thereto of any obligations
registered as to both principal and interest, and for reasonable
charges for such registration, exchange, conversion, and
reconversion.
(G) Obligations may be sold at public sale or at private
sale, as determined in the bond proceedings.
(H) Pending preparation of definitive obligations, the
commissioners of the sinking fund may issue interim receipts or
certificates which shall be exchanged for such definitive
obligations.
(I) In the discretion of the commissioners of the sinking
fund, obligations may be secured additionally by a trust
agreement or indenture between the commissioners and a corporate
trustee, which may be any trust company or bank having its
principal place of business within the state. Any such agreement
or indenture may contain the resolution authorizing the issuance
of the obligations, any provisions that may be contained in any
bond proceedings, and other provisions that are customary or
appropriate in an agreement or indenture of such type, including,
but not limited to:
(1) Maintenance of each pledge, trust agreement,
indenture, or other instrument comprising part of the bond
proceedings until the state has fully paid the bond service
charges on the obligations secured thereby, or provision therefor
has been made;
(2) In the event of default in any payments required to be
made by the bond proceedings, or any other agreement of the
commissioners of the sinking fund made as a part of the contract
under which the obligations were issued, enforcement of such
payments or agreement by mandamus, the appointment of a receiver,
suit in equity, action at law, or any combination of the
foregoing;
(3) The rights and remedies of the holders of obligations
and of the trustee, and provisions for protecting and enforcing
them, including limitations on rights of individual holders of
obligations;
(4) The replacement of any obligations that become
mutilated or are destroyed, lost, or stolen;
(5) Such other provisions as the trustee and the
commissioners of the sinking fund agree upon, including
limitations, conditions, or qualifications relating to any of the
foregoing.
(J) Any holder of obligations or a trustee under the bond
proceedings, except to the extent that the holder's rights
are restricted by the bond proceedings, may by any suitable form of legal
proceedings protect and enforce any rights under the laws of this
state or granted by such bond proceedings. Such rights include
the right to compel the performance of all duties of the
commissioners of the sinking fund, the director of development Ohio air quality development authority, or
the Ohio coal development office required by this chapter and
Chapter 1551. 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 bond service charges on any
obligations or in the performance of any covenant or agreement on
the part of the commissioners, the director authority, or the office in the
bond proceedings, to apply to a court having jurisdiction of the
cause to appoint a receiver to receive and administer the moneys
pledged, other than those in the custody of the treasurer of
state, that are pledged to the payment of the bond service
charges on such obligations or that are the subject of the
covenant or agreement, with full power to pay, and to provide for
payment of bond service charges on, such obligations, 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 revenues or receipts or other income or
moneys of the commissioners of the sinking fund or the state or
governmental agencies of the state to the payment of such
principal and interest and excluding the power to take possession
of, mortgage, or cause the sale or otherwise dispose of any
project.
Each duty of the commissioners of the sinking fund and
their employees, and of each governmental agency and its
officers, members, or employees, undertaken pursuant to the bond
proceedings or any grant, loan, or loan guarantee agreement made
under authority of this chapter, and in every agreement by or
with the commissioners, is hereby established as a duty of the
commissioners, and of each such officer, member, or employee
having authority to perform such duty, specifically enjoined by
the 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 commissioners of the
sinking fund, or their employees, are not liable in their
personal capacities on any obligations issued by the
commissioners or any agreements of or with the commissioners.
(K) Obligations issued under this section are lawful
investments for 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
provisions
of the Revised Code or rules adopted pursuant thereto by any
governmental agency of the state with respect to investments by
them, and are also acceptable as security for the deposit of
public moneys.
(L) If the law or the instrument creating a trust pursuant
to division (I) of this section expressly permits investment in
direct obligations of the United States or an agency of the
United States,
unless expressly prohibited by the instrument, such moneys also
may be invested in no-front-end-load money market mutual funds
consisting exclusively of obligations of the United States or an
agency of the United States and in
repurchase agreements, including those
issued by the fiduciary itself, secured by obligations of the
United States or an agency of the United
States; and in collective investment funds
established in accordance with section 1111.14 of the
Revised
Code and consisting exclusively of any such securities,
notwithstanding division (A)(1)(c) of that section. The
income from
such investments shall be credited to such funds as the
commissioners of the sinking fund determine, and such investments
may be sold at such times as the commissioners determine or
authorize.
(M) Provision may be made in the applicable bond
proceedings for the establishment of separate accounts in the
bond service fund and for the application of such accounts only
to the specified bond service charges on obligations pertinent to
such accounts and bond service fund and for other accounts
therein within the general purposes of such fund. Moneys to the
credit of the bond service fund shall be disbursed on the order
of the treasurer of state; provided, that no such order is
required for the payment from the bond service fund when due of
bond service charges on obligations.
(N) The commissioners of the sinking fund may pledge all,
or such portion as they determine, of the receipts of the bond
service fund to the payment of bond service charges on
obligations issued under this section, and for the establishment
and maintenance of any reserves, as provided in the bond
proceedings, and make other provisions therein with respect to
pledged receipts as authorized by this chapter, which provisions
control notwithstanding any other provisions of law pertaining
thereto.
(O) The commissioners of the sinking fund may covenant in
the bond proceedings, and any such covenants control
notwithstanding any other provision of law, that the state and
applicable officers and governmental agencies of the state,
including the general assembly, so long as any obligations
are outstanding, shall:
(1) Maintain statutory authority for and cause to be
levied and collected taxes so that the pledged receipts are
sufficient in amount to meet bond service charges, and the
establishment and maintenance of any reserves and other
requirements provided for in the bond proceedings, and, as
necessary, to meet covenants contained in any loan guarantees
made under this chapter;
(2) Take or permit no action, by statute or otherwise,
that would impair the exemption from federal income taxation of
the interest on the obligations.
(P) All moneys
received
by or on account of the state and required by the applicable bond
proceedings, consistent with this section, to be deposited,
transferred, or credited to the coal research and development bond
service fund, and all other
moneys transferred or allocated to or received for the purposes
of the fund, shall be credited to such fund and to any separate
accounts therein, subject to applicable provisions of the bond
proceedings, but without necessity for any act of appropriation.
During the period beginning with the date of the first issuance
of obligations and continuing during such time as any such
obligations are outstanding, and so long as moneys in the bond
service fund are insufficient to pay all bond service charges on
such obligations becoming due in each year, a sufficient amount
of moneys of the state are committed and shall be paid to the bond
service fund in each year for the purpose of paying the bond
service charges becoming due in that year without necessity for
further act of appropriation for such purpose. The bond service
fund is a trust fund and is hereby pledged to the payment of bond
service charges to the extent provided in the applicable bond
proceedings, and payment thereof from such fund shall be made or
provided for by the treasurer of state in accordance with such
bond proceedings without necessity for any act of appropriation.
All investment earnings of the fund shall be credited to the
fund.
(Q) For purposes of establishing the limitations contained
in Section 15 of Article VIII, Ohio Constitution, the "principal
amount" refers to the aggregate of the offering price of the
bonds or notes. "Principal amount" does not refer to the
aggregate value at maturity or redemption of the bonds or notes.
(R) This section applies only with respect to obligations issued
and delivered prior to September 30, 2000.
Sec. 1555.17. All final actions of the director of the Ohio coal development
office shall be journalized and such journal shall be open to inspection of
the public at all reasonable times. Any materials or data, to the
extent that they consist of trade secrets, as defined in section 1333.61 of
the Revised Code,
or other proprietary information, that are submitted or made available to, or
received by, the director of development Ohio air quality development authority or the director of the Ohio
coal development office, in connection with agreements for assistance entered
into under this chapter or Chapter 1555. 1551. of the Revised
Code, or any information
taken from those materials or data, are not public records for the
prposes purposes of
section 149.43 of the Revised Code.
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 person responsible for an estate shall mark the appropriate box on the appropriate probate form to indicate compliance with the requirements of division (B) of this section.
(D) 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. 2152.74. (A) As used in this section,
"DNA
analysis"
and "DNA specimen" have the same meanings as in section
109.573 of
the Revised Code.
(B)(1) A child who is adjudicated a delinquent child for
committing an act
listed in division (D) of this section and who
is committed to the custody of
the department of youth services,
placed in a detention facility or district detention facility
pursuant to division (A)(3) of section 2152.19 of the Revised
Code, or
placed in a school, camp, institution,
or other
facility for delinquent
children described in division
(A)(2) of
section 2152.19 of the
Revised Code
shall submit to a DNA
specimen collection procedure
administered by the director of
youth services
if committed to the
department or by the chief
administrative
officer of the
detention facility, district
detention facility, school,
camp, institution, or other facility
for
delinquent children to
which the child was committed
or in
which the child was placed. If the
court commits the child to
the
department of youth services, the
director of youth services
shall
cause the DNA specimen to be
collected from the child during
the
intake process at an institution
operated by or under the
control
of the department. If the
court commits the child to
or places
the child in a
detention facility, district detention facility,
school, camp, institution, or other
facility for delinquent
children, the chief administrative
officer of the
detention
facility, district detention facility, school, camp,
institution,
or facility to which
the child is committed
or in which the child
is placed shall
cause the
DNA specimen to be collected
from the
child during the
intake process for the
detention facility,
district detention facility, school, camp,
institution, or
facility. In
accordance with division (C) of this section,
the
director or the
chief administrative officer
shall cause the
DNA
specimen to be
forwarded to
the bureau of criminal identification
and
investigation no later
than fifteen days after the date of the
collection of the
DNA specimen. The DNA specimen shall be
collected
from the child in accordance with division
(C) of this
section.
(2) If a child is adjudicated a delinquent child for
committing an act
listed in division (D) of this section, is
committed to
or placed in the
department of youth
services, a
detention facility or district detention facility, or
a school,
camp, institution, or other facility for
delinquent children, and
does not submit to a DNA
specimen collection
procedure pursuant to
division (B)(1) of this section, prior to the child's
release from
the custody of the department of
youth services, from the custody
of the detention facility or district detention facility, or from
the
custody of the school, camp,
institution, or facility, the
child
shall submit to, and the
director of youth services or the
chief
administrator of the
detention facility, district detention
facility, school, camp, institution, or facility to
which the
child is
committed
or in which the child was placed shall
administer, a DNA specimen
collection
procedure at the institution
operated by or under the
control of
the department of youth
services or at the
detention facility, district detention
facility, school,
camp, institution, or
facility to which the
child is committed
or in which the child was placed.
In
accordance
with
division (C) of this section, the director or
the
chief
administrative officer shall cause the DNA
specimen to
be
forwarded to the bureau of criminal identification and
investigation no later than fifteen days after the date of the
collection of
the DNA specimen. The DNA specimen shall be
collected in
accordance with division (C) of this section.
(C)
If the DNA specimen is collected by withdrawing blood
from the child or a similarly invasive procedure, a physician,
registered nurse,
licensed practical nurse,
duly licensed clinical
laboratory technician, or
other qualified
medical practitioner
shall collect in a medically approved
manner
the DNA specimen
required to be collected pursuant to division
(B)
of this section.
If the DNA specimen is collected by swabbing for buccal cells or a
similarly noninvasive procedure, this section does not require
that the DNA specimen be collected by a qualified medical
practitioner of that nature. No later than fifteen days after the
date of
the
collection of the DNA specimen, the
director of youth
services or
the chief
administrative officer of the
detention
facility, district detention facility, school, camp,
institution,
or
other facility for delinquent children to which
the child is
committed
or in which the child was placed shall cause the DNA
specimen to be
forwarded to the
bureau of criminal
identification
and
investigation in accordance
with procedures established by the
superintendent
of the bureau
under division (H) of section 109.573
of
the Revised Code. The
bureau shall provide the
specimen vials,
mailing tubes, labels,
postage, and instruction
needed for the
collection and
forwarding
of the DNA specimen to the bureau.
(D) The director of youth services and the chief
administrative
officer of a
detention facility, district detention
facility, school, camp, institution, or other
facility for
delinquent
children shall cause a DNA specimen to be
collected in
accordance
with divisions (B) and (C) of this section
from each
child
in its custody who is adjudicated a delinquent
child for
committing any
of the following
acts:
(1) A violation of section 2903.01, 2903.02,
2903.11,
2905.01,
2907.02, 2907.03, 2907.05,
2911.01, 2911.02,
2911.11,
or
2911.12 of the Revised Code;
(2) A violation of section 2907.12 of the Revised Code as it
existed prior to
September 3, 1996;
(3) An attempt to commit a violation of section
2903.01,
2903.02, 2907.02,
2907.03,
or
2907.05 of the Revised Code or to
commit a violation
of
section 2907.12 of the Revised Code as it
existed prior to
September 3,
1996;
(4) A
violation of any law that arose out of the same
facts
and
circumstances and
same act as did a charge against the
child
of a violation
of section 2903.01, 2903.02,
2905.01,
2907.02,
2907.03,
2907.05,
or
2911.11 of the Revised
Code
that previously
was dismissed or
amended or as did a charge
against the
child of a
violation of
section 2907.12 of the Revised
Code as it existed
prior to
September 3, 1996, that previously was
dismissed or
amended;
(5) A violation of section 2905.02 or 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;
(6) A felony violation of any law that arose out of the same
facts and circumstances and same act as did a charge against the
child of a violation of section 2903.11, 2911.01, 2911.02, or
2911.12 of the Revised Code that previously was dismissed or
amended;
(7) A violation of section 2923.01 of the Revised Code
involving a conspiracy to commit a violation of section 2903.01,
2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the
Revised Code;
(8) A violation of section 2923.03 of the Revised Code
involving complicity in committing a violation of section 2903.01,
2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05,
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a
violation of section 2907.12 of the Revised Code as it existed
prior to September 3, 1996.
(E) The director of youth services and the chief
administrative
officer of a
detention facility, district detention
facility, school, camp, institution, or other
facility for
delinquent
children is not required to comply with
this section
in
relation to the following acts until the
superintendent
of the
bureau of criminal
identification and
investigation gives agencies
in the
juvenile
justice system, as
defined in section 181.51 109.98 of
the Revised Code,
in
the state
official notification that the
state DNA laboratory
is prepared to
accept DNA
specimens
of that
nature:
(1) A violation of section 2903.11, 2911.01, 2911.02, or
2911.12 of the Revised Code;
(2) An attempt to commit a violation of section 2903.01 or
2903.02 of the Revised Code;
(3) A felony violation of any law that arose out of the same
facts
and circumstances and same act as did a charge against the
child
of a violation of section 2903.11, 2911.01, 2911.02, or
2911.12 of
the Revised Code that previously was dismissed or
amended;
(4) A violation of section 2923.01 of the Revised Code
involving a conspiracy to commit a violation of section 2903.01,
2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the
Revised Code;
(5) A violation of section 2923.03 of the Revised Code
involving complicity in committing a violation of section 2903.01,
2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05,
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a
violation of section 2907.12 of the Revised Code as it existed
prior to September 3, 1996.
Sec. 2305.234. (A) As used in this section:
(1)
"Chiropractic claim,"
"medical claim," and
"optometric
claim"
have the same meanings as in section
2305.113 of
the Revised
Code.
(2)
"Dental claim" has the same meaning as in section
2305.113 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, advanced practice 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;
(k) Emergency medical technicians-basic, emergency medical
technicians-intermediate, and emergency medical
technicians-paramedic, certified under Chapter 4765. 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. 2329.07. If neither execution on a judgment rendered
in a court of record or certified to the clerk of the court of
common pleas in the county in which the judgment was rendered is
issued, nor a certificate of judgment for obtaining a lien upon
lands and tenements is issued and filed, as provided in sections
2329.02 and 2329.04 of the Revised Code, within five years from
the date of the judgment or within five years from the date of
the issuance of the last execution thereon or the issuance and
filing of the last such certificate, whichever is later, then,
unless the judgment is in favor of the state, the judgment shall
be dormant and shall not operate as a lien upon the estate of the
judgment debtor.
If the judgment is in favor of the state, the judgment
shall not become dormant and shall not cease to operate as a lien
against the estate of the judgment debtor unless neither such
provided that either execution on the judgment is issued nor such or a certificate of
judgment is issued and filed, as provided in sections 2329.02 and
2329.04 of the Revised Code, within ten years from the date of
the judgment or within ten years from the date of the issuance of
the last execution thereon or the issuance and filing of the last
such certificate, whichever is later.
If, in any county other than that in which a judgment was
rendered, the judgment has become a lien by reason of the filing,
in the office of the clerk of the court of common pleas of that
county, of a certificate of the judgment as provided in sections
2329.02 and 2329.04 of the Revised Code, and if no execution is
issued for the enforcement of the judgment within that county, or
no further certificate of the judgment is filed in that county,
within five years or, if the judgment is in favor of the state,
within ten years from the date of issuance of the last execution
for the enforcement of the judgment within that county or the
date of filing of the last certificate in that county, whichever
is the later, then the judgment shall cease to operate as a lien
upon lands and tenements of the judgment debtor within that
county, unless the judgment is in favor of the state, in which case the judgment shall not become dormant.
This section applies to judgments in favor of the state.
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, except as provided for the office of the state fire marshal in division (G)(1) of section 9.60 and division (B) of section 3737.221 of the Revised Code and subject to division (H) of this section, and 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
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
in section
2305.113 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
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
the superintendent
to do so, the
superintendent shall
recommend, a specific amount for any period
that, in
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
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. 2901.07. (A) As used in this section:
(1)
"DNA analysis" and
"DNA specimen" have the same
meanings
as in section 109.573 of the Revised Code.
(2)
"Jail" and
"community-based correctional facility" have
the
same meanings as in section 2929.01 of the Revised Code.
(3)
"Post-release control" has the same meaning as in
section
2967.01
of the Revised Code.
(B)(1) A person who is convicted of or pleads
guilty to a
felony offense listed in division
(D) of this section and who is
sentenced to a prison term or to a community residential sanction
in a jail
or community-based correctional facility pursuant to
section 2929.16 of the
Revised Code, and
a person who is convicted
of or pleads guilty to a misdemeanor offense listed
in division
(D) of this section and who is sentenced to a term of
imprisonment
shall submit to a
DNA specimen collection
procedure administered
by the director of rehabilitation and
correction or the chief
administrative officer of the jail or other
detention facility in
which the person is serving the
term of imprisonment. If the
person serves the prison
term in a state correctional institution,
the
director of rehabilitation and correction shall cause the
DNA
specimen to be collected from the person during the intake
process
at the reception
facility designated by the director. If the
person serves the
community residential sanction or term of
imprisonment in a jail, a
community-based correctional facility,
or another county, multicounty,
municipal,
municipal-county, or
multicounty-municipal detention facility, the chief
administrative
officer of the jail,
community-based correctional facility, or
detention
facility shall cause the
DNA specimen to be collected
from the person during the intake
process at the jail,
community-based correctional facility, or
detention facility. In
accordance with
division (C) of this section, the director or
the
chief administrative officer shall cause the
DNA specimen to be
forwarded to the bureau of criminal identification
and
investigation no later than fifteen days after the date of the
collection
of the DNA specimen. The DNA specimen shall be
collected in
accordance with division (C) of this section.
(2) If a person is convicted of or pleads guilty to
an
offense listed in division (D) of this section, is
serving
a
prison term, community residential sanction, or term of
imprisonment
for that offense, and does not provide a DNA
specimen
pursuant to division (B)(1) of this section, prior to the person's
release from the prison term, community residential sanction, or
imprisonment, the
person shall submit to, and the director of
rehabilitation and
correction or the chief administrative officer
of the jail, community-based
correctional facility, or detention
facility in which the person is serving
the
prison term, community
residential sanction, or term of imprisonment
shall administer, a
DNA specimen collection
procedure at the state correctional
institution, jail, community-based
correctional facility, or
detention facility in which the person is serving
the prison term,
community
residential sanction, or term of imprisonment. In
accordance with division
(C) of this section, the director or
the
chief administrative officer shall cause the DNA specimen to be
forwarded to the
bureau of criminal identification and
investigation no later than fifteen days
after the date of the
collection of the DNA specimen. The
DNA specimen shall be
collected in accordance with division (C)
of this section.
(3) If a person
sentenced to a term of imprisonment or
serving a
prison term
or community
residential sanction for
committing an
offense listed in division (D) of this
section is on
probation, is
released on parole,
under
transitional
control, or
on another type
of release, or is on
post-release
control,
if the
person is
under
the supervision of
a probation
department or
the
adult parole
authority, if the person is
sent to
jail or is
returned to a jail,
community-based
correctional
facility, or
state correctional
institution for a violation
of
the
terms and
conditions of the
probation,
parole,
transitional
control, other
release, or
post-release
control, if the person was
or will be
serving
a
term
of imprisonment, prison term, or
community
residential
sanction
for
committing an offense listed in
division
(D) of this section,
and if the person did
not provide a
DNA
specimen
pursuant to
division (B)(1) or
(2) of this section,
the
person shall submit
to, and the
director of rehabilitation and
correction or the chief
administrative
officer of the jail or
community-based correctional
facility shall
administer, a DNA
specimen collection
procedure at
the jail, community-based
correctional facility, or state
correctional institution in which
the person is serving
the
term
of imprisonment, prison term, or
community residential
sanction.
In accordance with
division (C) of
this section,
the
director or
the chief
administrative officer
shall cause the
DNA
specimen to
be forwarded to
the bureau of
criminal identification
and
investigation no later
than fifteen
days after the date of the
collection of the
DNA specimen. The
DNA specimen shall be
collected from the
person in accordance with
division
(C) of this
section.
(C)
If the DNA specimen is collected by withdrawing blood
from the person or a similarly invasive procedure, a physician,
registered
nurse, licensed practical nurse,
duly licensed clinical
laboratory technician,
or other qualified
medical practitioner
shall collect in a medically approved
manner
the DNA specimen
required to be collected pursuant to division
(B)
of this section.
If the DNA specimen is collected by swabbing for buccal cells or a
similarly noninvasive procedure, this section does not require
that the DNA specimen be collected by a qualified medical
practitioner of that nature. No later than fifteen days after the
date of
the
collection of the DNA specimen, the director of
rehabilitation
and
correction or the chief administrative officer
of the jail,
community-based correctional facility, or other
county,
multicounty,
municipal, municipal-county, or
multicounty-municipal
detention facility,
in which the person is
serving the prison
term,
community residential sanction, or term
of imprisonment
shall cause the DNA specimen to be forwarded to
the bureau of
criminal identification and investigation in
accordance with
procedures
established by the superintendent
of
the bureau under
division (H) of section 109.573 of the
Revised
Code. The bureau
shall provide the
specimen vials, mailing tubes,
labels, postage,
and instructions needed for
the collection and
forwarding of the
DNA specimen to the bureau.
(D) The director of rehabilitation and correction and the
chief
administrative officer of the jail, community-based
correctional facility,
or other county, multicounty, municipal,
municipal-county, or multicounty-municipal detention facility
shall cause a
DNA specimen to be collected in
accordance
with
divisions (B) and (C) of this section from a person in
its custody
who is convicted of or pleads guilty to
any of the
following
offenses:
(1) A violation of section 2903.01, 2903.02,
2903.11,
2905.01,
2907.02, 2907.03, 2907.04, 2907.05,
2911.01, 2911.02,
2911.11, or 2911.12 of the
Revised
Code;
(2) A violation of section 2907.12 of the Revised Code as it
existed prior to
September 3, 1996;
(3) An attempt to commit a violation of section
2903.01,
2903.02, 2907.02,
2907.03, 2907.04, or 2907.05 of the Revised Code
or to commit a
violation of section 2907.12 of the Revised Code as
it existed
prior to
September 3, 1996;
(4) A
violation of any law that arose out of the same
facts
and
circumstances and
same act as did a charge against the
person
of a violation of section
2903.01,
2903.02,
2905.01,
2907.02,
2907.03, 2907.04, 2907.05,
or
2911.11 of the
Revised Code
that
previously was
dismissed or
amended or as did a charge against the
person of a
violation of
section 2907.12 of the Revised Code
as it
existed
prior to
September 3,
1996, that previously was dismissed
or
amended;
(5) A violation of section 2905.02 or 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 it been
committed prior to that date;
(6) A sexually oriented offense, as defined in section
2950.01 of the
Revised Code, if, in relation to that offense, the
offender
has been adjudicated as being a sexual predator, as
defined in
section 2950.01 of the Revised Code;
(7) A felony violation of any law that arose out of the same
facts and circumstances and same act as did a charge against the
person of a violation of section 2903.11, 2911.01, 2911.02, or
2911.12 of the Revised Code that previously was dismissed or
amended;
(8)
A conspiracy to commit a violation of section 2903.01,
2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the
Revised Code;
(9) Complicity in committing a violation of section 2903.01,
2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05,
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a
violation of section 2907.12 of the Revised Code as it existed
prior to September 3, 1996.
(E) The director of rehabilitation and correction or a chief
administrative officer of a jail, community-based correctional
facility, or
other detention facility described
in division (B) of
this section
in relation to the following offenses
is not required
to comply with this section until the
superintendent of the
bureau
of criminal identification and
investigation gives agencies in the
criminal justice system, as
defined in section 181.51 109.98 of the
Revised Code, in
the state
official notification that the state
DNA laboratory is
prepared to
accept DNA specimens
of that nature:
(1) A violation of section 2903.11, 2911.01, 2911.02, or
2911.12 of the Revised Code;
(2) An attempt to commit a violation of section 2903.01 or
2903.02 of the Revised Code;
(3) A felony violation of any law that arose out of the same
facts
and circumstances and same act as did a charge against the
person
of a violation of section 2903.11, 2911.01, 2911.02, or
2911.12
of the Revised Code that previously was dismissed or
amended;
(4) A conspiracy to commit a violation of section 2903.01,
2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the
Revised Code;
(5) Complicity in committing a violation of section 2903.01,
2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05,
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a
violation of section 2907.12 of the Revised Code as it existed
prior to September 3, 1996.
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. 2935.36. (A) The prosecuting attorney may establish
pre-trial diversion programs for adults who are accused of
committing criminal offenses and whom the prosecuting
attorney believes probably will not offend again. The prosecuting attorney may require, as a condition of an accused's participation in the program, the accused to pay a reasonable fee for supervision services that include, but are not limited to, monitoring and drug testing. The programs shall be
operated pursuant to
written standards approved by journal entry by the presiding
judge or, in courts with only one judge, the judge of the court
of common pleas and shall not be applicable to any of the
following:
(1) Repeat offenders or dangerous offenders;
(2) Persons accused of an offense of violence, of a
violation of section 2903.06, 2907.04, 2907.05,
2907.21, 2907.22, 2907.31, 2907.32, 2907.34, 2911.31, 2919.12,
2919.13, 2919.22, 2921.02, 2921.11, 2921.12, 2921.32, or 2923.20
of the Revised Code, or of a violation of section 2905.01, 2905.02, or
2919.23 of the Revised Code that, had it occurred prior to
July 1,
1996, would have been a violation of section
2905.04 of the Revised Code as it existed prior to that
date, with the exception that the prosecuting
attorney may permit persons accused of any such offense to enter a
pre-trial diversion program, if the prosecuting attorney
finds any of the following:
(a) The accused did not cause, threaten, or intend serious
physical harm to any person;
(b) The offense was the result of circumstances not likely
to recur;
(c) The accused has no history of prior delinquency or
criminal activity;
(d) The accused has led a law-abiding life for a
substantial time before commission of the alleged offense;
(e) Substantial grounds tending to excuse or justify the
alleged offense.
(3) Persons accused of a violation of Chapter 2925. or
3719. of the Revised Code;
(4) Drug dependent persons or persons in danger of
becoming drug dependent persons, as defined in section 3719.011
of the Revised Code. However, this division does not affect the
eligibility of such persons for intervention in lieu
of conviction
pursuant to section 2951.041 of the Revised Code.
(5) Persons accused of a violation of section 4511.19 of
the Revised Code or a violation of any substantially similar
municipal ordinance.
(B) An accused who enters a diversion program shall do all of the
following:
(1) Waive, in writing and contingent upon the accused's
successful completion of the program, the accused's right to a speedy
trial, the preliminary hearing, the time period within which the grand jury
may consider an indictment against the accused, and arraignment, unless
the hearing, indictment, or arraignment has already occurred;
(2) Agree, in writing, to the tolling while in the program
of all periods of limitation established by statutes or rules of
court, that are applicable to the offense with which the
accused is
charged and to the conditions of the diversion program
established by the prosecuting attorney;
(3) Agree, in writing, to pay any reasonable fee for supervision services established by the prosecuting attorney.
(C) The trial court, upon the application of the
prosecuting attorney, shall order the release from confinement of
any accused who has agreed to enter a pre-trial diversion program
and shall discharge and release any existing bail and release any
sureties on recognizances and shall release the accused on a
recognizance bond conditioned upon the accused's compliance with
the terms of the diversion program. The prosecuting attorney
shall notify every victim of the crime and the arresting officers
of the prosecuting attorney's intent to permit the accused
to enter a pre-trial
diversion program. The victim of the crime and the arresting
officers shall have the opportunity to file written objections
with the prosecuting attorney prior to the commencement of the
pre-trial diversion program.
(D) If the accused satisfactorily completes the diversion
program, the prosecuting attorney shall recommend to the trial
court that the charges against the accused be dismissed, and the
court, upon the recommendation of the prosecuting attorney, shall
dismiss the charges. If the accused chooses not to enter the
prosecuting attorney's diversion program, or if the accused
violates the conditions of the agreement pursuant to which the
accused has been released, the accused may be brought to trial upon the
charges in the manner provided by law, and the waiver executed pursuant to
division (B)(1) of this section shall be void on the date the
accused is removed from the program for the violation.
(E) As used in this section:
(1) "Repeat offender" means a person who has a history of persistent
criminal activity and whose character and condition reveal a substantial risk
that the person will commit another offense. It is
prima-facie evidence that a person
is a repeat offender if any of the following applies:
(a) Having been convicted of one or more offenses of violence and
having been imprisoned pursuant to sentence for any such offense,
the person commits a subsequent offense of violence;
(b) Having been convicted of one or more sexually oriented
offenses as defined
in section 2950.01 of the Revised Code and having been
imprisoned pursuant to sentence for one or more of those offenses,
the person commits a subsequent sexually oriented offense;
(c) Having been convicted of one or more theft offenses as defined
in section 2913.01 of the Revised Code and having been
imprisoned pursuant to sentence for one or more of those theft offenses,
the person commits a subsequent theft offense;
(d) Having been convicted of one or more felony drug abuse
offenses as defined in section 2925.01 of the Revised Code
and having been imprisoned pursuant to sentence for one or more of those
felony drug abuse offenses, the person commits a subsequent felony
drug abuse offense;
(e) Having been convicted of two or more felonies and having been
imprisoned pursuant to sentence for one or more felonies, the
person commits a subsequent offense;
(f) Having been convicted of three or more offenses of any type or
degree other than traffic offenses, alcoholic intoxication offenses, or minor
misdemeanors and having been imprisoned pursuant to sentence for any such
offense, the person commits a subsequent offense.
(2) "Dangerous offender" means a person who has committed an offense,
whose history, character, and condition reveal a substantial risk that the
person will be a danger to others, and whose conduct has been characterized by
a pattern of
repetitive, compulsive, or aggressive behavior with heedless indifference to
the consequences.
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. 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. 3311.52. A cooperative education school district may
be established pursuant to divisions (A) to (C) of this section
or pursuant to section 3311.521 of the Revised Code.
(A) A cooperative education school district may be
established upon the adoption of identical resolutions within a
sixty-day period by a majority of the members of the board of
education of each city, local, and exempted village school
district that is within the territory of a county school
financing district.
A copy of each resolution shall be filed with the board of
education of the educational service center
which created the county
school financing district. Upon the filing of the last such
resolution, the educational service center governing
board shall immediately notify each
board of education filing such a resolution of the date on which
the last resolution was filed.
Ten days after the date on which the last resolution is
filed with the educational service center governing board
or ten days after the last of
any notices required under division (C) of this section is
received by the educational service center governing
board, whichever is later, the
county school financing district shall be dissolved and the new
cooperative education school district and the board of education
of the cooperative education school district shall be
established.
On the date that any county school financing district is
dissolved and a cooperative education school district is
established under this section, each of the following shall
apply:
(1) The territory of the dissolved district becomes the
territory of the new district.
(2) Any outstanding tax levy in force in the dissolved
district shall be spread over the territory of the new district
and shall remain in force in the new district until the levy
expires or is renewed.
(3) Any funds of the dissolved district shall be paid over
in full to the new district.
(4) Any net indebtedness of the dissolved district shall
be assumed in full by the new district. As used in division
(A)(4) of this section, "net indebtedness" means the difference
between the par value of the outstanding and unpaid bonds and
notes of the dissolved district and the amount held in the
sinking fund and other indebtedness retirement funds for their
redemption.
When a county school financing district is dissolved and a
cooperative education school district is established under this
section, the governing board of the educational service center
that created the dissolved district shall give written notice of
this fact to the county auditor and the board of elections of
each county having any territory in the new district.
(B) The resolutions adopted under division (A) of this
section shall include all of the following provisions:
(1) Provision that the governing board of the educational service center which
created the county school
financing
district shall be the board of education of the cooperative
education school district, except that provision may be made for
the composition, selection, and terms of office of an alternative
board of education of the cooperative district, which board shall
include at least one member selected from or by the members of
the board of education of each city, local, and exempted village school
district and at least one member selected from or by the
members of the educational service center governing board within the territory
of the cooperative district;
(2) Provision that the treasurer and superintendent of the
educational service center which created the
county school financing
district shall be the treasurer and superintendent of the
cooperative education school district, except that provision may
be made for the selection of a treasurer or superintendent of the
cooperative district other than the treasurer or superintendent
of the educational service center, which provision shall require one of the
following:
(a) The selection of one person as both the treasurer and
superintendent of the cooperative district, which provision may
require such person to be the treasurer or superintendent of any
city, local, or exempted village school district or educational service center
within the territory of the cooperative district;
(b) The selection of one person as the treasurer and
another person as the superintendent of the cooperative district,
which provision may require either one or both such persons to be
treasurers or superintendents of any city, local, or exempted
village school districts or educational service center
within the territory of the
cooperative district.
(3) A statement of the educational program the board of
education of the cooperative education school district will
conduct, including but not necessarily limited to the type of
educational program, the grade levels proposed for inclusion in
the program, the timetable for commencing operation of the
program, and the facilities proposed to be used or constructed to
be used by the program;
(4) A statement of the annual amount, or the method for
determining that amount, of funds or services or facilities that
each city, local, and exempted village school district within the
territory of the cooperative district is required to pay to or
provide for the use of the board of education of the cooperative
education school district;
(5) Provision for adopting amendments to the provisions of
divisions (B)(2) to (4) of this section.
(C) If the resolutions adopted under division (A) of this
section provide for a board of education of the cooperative
education school district that is not the governing board
of the educational service center that created the county school
financing district, each board of education of each city, local, or
exempted village school district and the governing board of
the educational service center within the territory
of the cooperative district shall, within thirty days after the
date on which the last resolution is filed with the
educational service center governing
board under division (A) of this section, select one or more
members of the board of education of the cooperative district as
provided in the resolutions filed with the educational
service center governing board.
Each such board shall immediately notify the educational
services service center governing board
of each such selection.
(D) Except for the powers and duties in this chapter and
Chapters 124., 3317., 3318., 3323., and 3331. of the Revised
Code, a cooperative education school district established
pursuant to divisions (A) to (C) of this section or pursuant to
section 3311.521 of the Revised Code has all the powers of a city
school district and its board of education has all the powers and
duties of a board of education of a city school district with
respect to the educational program specified in the resolutions
adopted under division (A) of this section. All laws applicable
to a city school district or the board of education or the
members of the board of education of a city school district,
except such laws in this chapter and Chapters 124., 3317., 3318.,
3323., and 3331. of the Revised Code, are applicable to a
cooperative education school district and its board.
The treasurer and superintendent of a cooperative education
school district shall have the same respective duties and powers
as a treasurer and superintendent of a city school district,
except for any powers and duties in this chapter and Chapters
124., 3317., 3318., 3323., and 3331. of the Revised Code.
(E) For purposes of this title, any student included in
the formula ADM or average daily attendance certified
for any city, exempted
village, or local school district under section 3317.03 or 3317.034 of the
Revised Code by virtue of being counted, in whole or in part, in
the average daily membership or average daily attendance of a cooperative education school
district under division (A)(2)(f) of that either section shall be
construed to be enrolled both in that city, exempted village, or
village local school district and in that cooperative education
school
district. This division shall not be construed to mean that any
such individual student may be counted more than once for
purposes of determining the average daily membership or average daily attendance of any one
school district.
Sec. 3313.647. As used in this division, "graduate" means
a person who has received a diploma from a district pursuant to
section 3313.61 of the Revised Code.
Pursuant to rules adopted by the state board of education,
a city, local, exempted village, or joint vocational school
district may establish a policy guaranteeing a specific level of
competency of certain graduates of the district. The guarantee
policy shall specify that any graduate meeting specified criteria
established by the board is capable of performing specified
functions at a level established in the policy. Any employer or
potential employer of a graduate who is guaranteed under such a
policy may submit a written statement to the board of education
stating the guaranteed graduate of its district does not meet the
level of competency specified in the district's guarantee policy.
Upon receipt of such statement the board of education shall
provide an opportunity for additional education to the graduate,
regardless of the graduate's age or place of residence, until
such individual attains the competency level specified in the
policy. No fee shall be charged to any person or government
entity for such additional education. A school board may expend
school funds for a guarantee program; however, no student
participating in the program shall be included in the formula
ADM or average daily attendance of the district as
determined under section
3317.03 or 3317.034 of the Revised Code or included as a participant in any
other program, if such inclusion would result in additional state
funds to the school district.
The state board of education shall adopt rules for the
adoption of a policy under this section and for the additional
education program described under this section.
Sec. 3313.90. As used in this section, "formula ADM" has and "average daily attendance" have the
same meaning meanings as in section 3317.02 of the Revised Code. Notwithstanding
division (D) of section 3311.19 and division (D) of section 3311.52 of the
Revised Code,
the provisions of this section that apply to a city school
district do not apply to any joint vocational or cooperative
education school district.
(A) Each city, local, and exempted village school district
shall, by one of the following means, provide vocational
education adequate to prepare a pupil enrolled therein for an
occupation:
(1) Establishing and maintaining a vocational education
program that meets standards adopted by the state board of
education;
(2) Being a member of a joint vocational school district
that meets standards adopted by the state board;
(3) Contracting for vocational education with a joint
vocational school district or another school district that meets
the standards adopted by the state board.
The standards of the state board of education shall
include criteria for the participation by nonpublic students in
vocational education programs without financial assessment,
charge, or tuition to such student except such assessments,
charges, or tuition paid by resident public school students in
such programs. Such nonpublic school students shall be included
in the formula ADM or average daily attendance of the
school district
maintaining the vocational education program as part-time
students in proportion to the time spent in the vocational
education program.
By the thirtieth day of October of each year, the
superintendent of public instruction shall determine and certify
to the superintendent of each school district subject to this
section either that the district is in compliance with the
requirements of this section for the current school year or that
the district is not in compliance. If the superintendent
certifies that the district is not in compliance, he shall notify
the board of education of the district of the actions necessary
to bring the district into compliance with this section.
In meeting standards established by the state board of
education, school districts, where practicable, shall provide
vocational programs in high schools. A minimum enrollment of
fifteen hundred pupils in grades nine through twelve is
established as a base for comprehensive vocational course
offerings. A school district may meet this requirement alone,
through a cooperative arrangement pursuant to section 3313.92 of
the Revised Code, through school district consolidation, by
membership in a joint vocational school district, by contract
with a school district, by contract with a school licensed by any
state agency established by the Revised Code which school
operates its courses offered for contracting with public schools
under standards as to staffing and facilities comparable to those
prescribed by the state board of education for public schools
provided no instructor in such courses shall be required to be
certificated by the state department of education, or in a
combination of such ways. Exceptions to the minimum requirement
of fifteen hundred pupils may be made by the state board of
education based on sparsity of population or other factors
indicating that comprehensive educational and vocational programs
as required by this section can be provided through an alternate
plan.
(B) Approval of state funds for the construction and
operation of vocational facilities in any city, local, or
exempted village school district shall be contingent upon a
comprehensive vocational program plan approved by the state board
of education no later than July 1, 1970. The state board of
education shall not approve a school district plan unless the
plan proposed reasonably meets the vocational needs of other
school districts in the general area of the school districts in
the general area of the school district submitting the plan. The
plan shall be submitted to the state board of education no later
than April 1, 1970. Such plan shall contain:
(1) The organization for vocational education pursuant to
the requirements of this section;
(2) Vocational programs to be offered in the respective
comprehensive high schools, in specialized schools or skill
centers, and in joint vocational schools;
(3) Remodeled, additional, and new vocational facilities
required at the respective locations.
In approving the organization for vocational education the
state board of education shall provide that no city, local, or
exempted village school district is excluded in the statewide
plan.
Sec. 3313.41. (A) Except as provided in divisions (C),
(D),
(F), and (G) of this section, when a board of education
decides to
dispose of real or personal property that it owns in
its corporate
capacity, and that exceeds in value ten thousand
dollars, it
shall
sell the property at public auction, after
giving at least
thirty
days' notice of the auction by publication
in a newspaper
of
general circulation or by posting notices in
five of the most
public places in the school district in which the
property, if it
is real property, is situated, or, if it is
personal property, in
the school district of the board of
education that owns the
property. The board may offer real
property for sale as an
entire
tract or in parcels.
(B) When the board of education has offered real or
personal
property for sale at public auction at least once pursuant to
division
(A) of this section, and the property has not been sold,
the
board may sell it at a private sale. Regardless of how it was
offered at public auction, at a private sale, the board shall, as
it considers best, sell real property as an entire tract or in
parcels, and personal property in a single lot or in several
lots.
(C) If a board of education decides to dispose of real or
personal property that it owns in its corporate capacity and that
exceeds in value ten thousand dollars, it may sell the property
to
the adjutant general; to any subdivision or taxing authority as
respectively defined in divisions (A) and (C) of section 5705.01
of the
Revised Code, township park district, board of park
commissioners
established under Chapter 755. of the Revised Code,
or park
district established under Chapter 1545. of the Revised
Code; to
a wholly or partially tax-supported university,
university
branch, or college; or to the board of
trustees of a
school district library, upon such terms as are
agreed upon. The
sale of real or personal property to the board
of trustees of a
school district library is limited, in the case
of real property,
to a school district library within whose
boundaries the real
property is situated, or, in the case of
personal property, to a
school district library whose boundaries
lie in whole or in part
within the school district of the selling
board of education.
(D) When a board of education decides to trade as a part
or
an entire consideration, an item of personal property on the
purchase price of an item of similar personal property, it may
trade the same upon such terms as are agreed upon by the parties
to the trade.
(E) The president and the treasurer of the board of
education shall execute and deliver deeds or other necessary
instruments of conveyance to complete any sale or trade under
this
section.
(F) When a board of education has identified a parcel of
real
property that it determines is needed for school purposes,
the
board may, upon a majority vote of the members of the board,
acquire that property by exchanging real property that the board
owns in its corporate capacity for the identified real property or
by using real property that the board owns in its corporate
capacity as part or an entire consideration for the purchase price
of the
identified real property. Any exchange or acquisition made
pursuant to this
division shall be made by a conveyance executed
by the president and the
treasurer of the board.
(G)(1) When a school district board of education decides to
dispose of real property suitable for use as classroom space,
prior to disposing of such property under division (A) through (F)
of this section, it shall first offer that property for sale to
the governing authorities of the start-up community schools,
established under Chapter 3314. of the Revised Code and located
within the territory of the school district, at a price that is
not higher than the appraised fair
market value of that property.
If more than one community school
governing authority accepts the
offer made by the school district
board,
the board shall sell the
property to the governing authority that accepted the offer first
in time. If no
community school governing authority accepts
the
offer within sixty days after the offer is made by the school
district board, the board may dispose of the property in the
applicable manner prescribed under divisions (A) to (F) of this
section.
(2) If disposal of real property is planned as a part of a school district project under Chapter 3318. of the Revised Code, the Ohio school facilities commission shall not release any state funds to a school district until the district has complied with the provisions of division (G)(1) of 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. 3313.981. (A) The state board shall adopt rules
requiring all of the following:
(1) The board of education of each city, exempted village,
and local school district to annually report to the department of
education all of the following:
(a) The number of
adjacent district or other district students, as
applicable, and adjacent district or other district joint
vocational students, as applicable, enrolled in the district and
the number of native students enrolled in adjacent or other districts,
in accordance with a policy adopted under division (B) of section 3313.98 of
the Revised Code;
(b) Each
adjacent district or other district student's or adjacent district
or other district joint vocational student's date of enrollment in the
district;
(c) The full-time equivalent number of adjacent district or other
district students enrolled in vocational education programs or classes
described in division (A) of section 3317.014 of the Revised Code and the
full-time equivalent number of such students enrolled in vocational education
programs or classes described in division (B) of that section;
(d) Each native student's date of enrollment in an adjacent
or
other district.
(2) The board of education of each joint vocational school
district to annually report to the department all of the following:
(a) The number of adjacent
district or other
district joint vocational students, as applicable, enrolled in the district;
(b) The full-time equivalent number of adjacent district or other
district joint vocational students enrolled in vocational education programs
or classes described in division (A) of section 3317.014 of the Revised Code
and the
full-time equivalent number of such students enrolled in vocational education
programs or classes described in division (B) of that section;
(c) For each adjacent district or other
district joint vocational
student, the city, exempted village, or local school district in
which the student is also enrolled.
(3) Prior to the first full school week in October each
year, the superintendent of each city, local, or exempted village school
district that admits adjacent district or other district students or adjacent
district or other district joint vocational students in accordance with a
policy adopted under division (B) of section 3313.98 of the Revised Code to
notify each adjacent or other district where those students are entitled to
attend school under section 3313.64 or 3313.65 of the Revised Code of the
number of the adjacent or other district's native students who are enrolled in
the superintendent's
district under the policy.
The rules shall provide for the method of counting students
who are enrolled for part of a school year in an adjacent or other
district or as an adjacent district or other district joint vocational
student.
(B) From the payments made to a city, exempted village, or
local school district under Chapter 3317. of the Revised Code,
the department of education shall annually subtract both of the
following:
(1) An amount equal to the number of the district's native
students reported under division (A)(1) of this section who are
enrolled in adjacent or other school districts pursuant to policies
adopted by such districts under division (B) of section
3313.98 of the Revised Code multiplied by the adjusted
formula amount for the district;
(2) The excess costs computed in accordance with division
(E) of this section for any such native students receiving
special education and related services in adjacent or other school
districts or as an adjacent district or other district joint vocational
student;
(3) For the full-time equivalent number of the district's native students
reported under division (A)(1)(c) or
(2)(b) of this section as enrolled in vocational education
programs or classes described in section 3317.014 of the Revised Code, an amount equal to the
formula amount times the applicable multiple prescribed by that section.
(C) To the payments made to a city, exempted village, or
local school district under Chapter 3317. of the Revised Code,
the department of education shall annually add all of the
following:
(1) An amount equal to the adjusted formula amount for the
district multiplied by the remainder obtained by subtracting the
number of adjacent district or other district joint vocational students
from the
number of adjacent district or other district students enrolled in the
district, as
reported under division (A)(1) of this section;
(2) The excess costs computed in accordance with division
(E) of this section for any adjacent district or other district
students, except for any adjacent or other district joint vocational students,
receiving
special education and related services in the district;
(3)
For the full-time equivalent number of the adjacent or other district
students who are not adjacent district or other district joint vocational
students and are reported under division (A)(1)(c) of
this section as enrolled in vocational education programs or classes described
in section 3317.014 of the Revised Code, an amount equal to the formula amount times the
applicable multiple prescribed by that section;
(4) An amount equal to the number of adjacent district or other
district
joint vocational students reported under division (A)(1) of this
section multiplied by an amount equal to one-fourth of the
adjusted formula amount for the district.
(D) To the payments made to a joint vocational school
district under Chapter 3317. of the Revised Code, the department
of education shall add, for each adjacent district or other district
joint
vocational student reported under division (A)(2) of this
section, both of the following:
(1) An amount equal to the adjusted formula
amount of the city, exempted village, or local school district in
which the student is also enrolled;
(2) An amount equal to the full-time equivalent number of students
reported pursuant to division (A)(2)(b) of this
section times the formula amount times the applicable multiple prescribed by
section 3317.014 of the Revised Code.
(E)(1) A city, exempted village, or local school board
providing special education and related services to an adjacent
or other district student in
accordance with an IEP shall, pursuant to
rules of the state board, compute the excess costs to educate
such student as follows:
(a) Subtract the adjusted formula amount for the district
from the actual costs to educate the student;
(b) From the amount computed under division (E)(1)(a) of
this section subtract the amount of any funds received by the
district under Chapter 3317. of the Revised Code to provide
special education and related services to the student.
(2) The board shall report the excess costs computed under
this division to the department of education.
(3) If any student for whom excess costs are computed
under division (E)(1) of this section is an adjacent or other
district
joint vocational student, the department of education shall add
the amount of such excess costs to the payments made under
Chapter 3317. of the Revised Code to the joint vocational school
district enrolling the student.
(F) As provided in division
(D)(1)(b) of section 3317.03 and division (A)(2)(d) of section 3317.034 of the Revised Code, no
joint vocational
school district shall count any
adjacent or other district joint vocational student enrolled in the
district in its formula ADM or average daily attendance
certified under
section 3317.03 or 3317.034 of the Revised Code.
(G) No city, exempted village, or local school district
shall receive a payment under division (C) of this section for a
student, and no joint vocational school district shall receive a payment under
division (D) of this section for a student, if for the same school
year month that the student is counted in the district's formula ADM average daily attendance
certified under
section 3317.03 3317.034 of the Revised Code.
(H) Upon request of a parent, and provided the board
offers transportation to native students of the same grade level
and distance from school under section 3327.01 of the Revised
Code, a city, exempted village, or local school board enrolling
an adjacent or other district student shall provide transportation
for the
student within the boundaries of the board's district, except
that the board shall be required to pick up and drop off a
nonhandicapped student only at a regular school bus stop
designated in accordance with the board's transportation policy.
Pursuant to rules of the state board of education, such board may
reimburse the parent from funds received under division (D)
of section 3317.022 of the Revised Code for the reasonable cost of
transportation from the student's home to the designated school bus stop if
the student's family has an income below the federal poverty line.
Sec. 3314.02. (A) As used in this chapter:
(1)
"Sponsor" means
an entity listed in division
(C)(1)
of
this
section, which has been approved by the department
of education to sponsor community schools and
with which the
governing
authority of the
proposed
community school enters into a
contract pursuant to this
section.
(2)
"Pilot project area" means
the school districts
included
in the territory of the former community
school pilot project
established by former Section 50.52 of Am. Sub. H.B. No. 215
of
the 122nd general assembly.
(3)
"Challenged school district"
means any of the following:
(a) A school district that is part of the pilot project
area;
(b) A school district that is
either in a state of academic
emergency
or in a state of academic watch under section 3302.03 of
the Revised
Code;
(c) A big eight school district;
(d) An urban school district.
(4)
"Big eight school district" means
a school district that
for fiscal year 1997 had
both of the following:
(a) A percentage of children residing in the
district and
participating in the predecessor of
Ohio works first greater than
thirty per cent, as reported pursuant to section 3317.10 of the
Revised
Code;
(b) An average daily membership greater than
twelve
thousand, as reported pursuant to former division
(A) of section
3317.03 of the
Revised Code.
(5)
"New start-up school" means a community school other
than
one created
by converting all or part of an existing public
school, as designated in the
school's contract pursuant to
division (A)(17) of section 3314.03
of the Revised Code.
(6)
"Urban school district" means one of the state's
twenty-one
urban school districts as defined in division (O) of
section 3317.02
of the Revised Code as that section existed prior
to July 1, 1998.
(7) "Internet- or
computer-based community school" means a
community school
established under this chapter in which the
enrolled students work participate primarily from their residences on
assignments in non-classroom-based learning opportunities provided via an internet- or other computer-based
instructional method that does not rely on regular classroom
instruction methods.
(B) Any person or group of
individuals may initially propose
under this
division the conversion of all or a portion of a public
school to a community
school.
No conversion community school shall
be an internet- or computer-based community school. The proposal
shall be made to the
board of education of
the city, local, or
exempted village school
district
in
which the public school is
proposed to be converted.
Upon receipt of a
proposal, a board may
enter into a preliminary
agreement with the person or
group
proposing the conversion of the
public school, indicating the
intention of the board of education
to
support the conversion to a
community school. A proposing
person or group
that has a
preliminary
agreement under this
division may proceed to finalize
plans for the school,
establish a
governing authority for the
school, and negotiate a contract with
the board of education.
Provided the proposing person or group
adheres to the
preliminary
agreement and all provisions of this
chapter, the board of
education shall negotiate in good faith to
enter into a contract
in accordance
with section 3314.03 of the
Revised Code and
division (C) of this section.
(C)(1) Any person or group of
individuals may propose under
this division the
establishment of a new start-up school to be
located in
a challenged
school district. The proposal may be
made
to
any of the following
entities:
(a) The board of education of the
district in which the
school is proposed to be
located;
(b) The board of education of any joint
vocational school
district with territory in the county in which is
located the
majority
of the territory of the district in which the
school is
proposed to be located;
(c) The board of education of any other
city, local, or
exempted village school district having
territory in the same
county where the
district in which the school is proposed to be
located has the major
portion of its territory;
(d) The
governing
board of
any educational service
center
as long as the proposed school will be
located in a county within the territory of the service center or
in a county contiguous to such county;
(e) A
sponsoring
authority designated by the
board
of
trustees of
any of the thirteen state universities listed in section
3345.011 of the Revised Code
or the board of
trustees itself
as
long as a mission of the proposed school to be specified in the
contract under division (A)(2) of section 3314.03 of the Revised
Code and as approved by the department of education under division
(B)(2) of section 3314.015 of the Revised Code will be the
practical demonstration of teaching methods,
educational
technology, or other teaching practices that are
included in the
curriculum of the university's teacher preparation
program
approved by the state board of education;
(f) Any qualified tax-exempt entity under section
501(c)(3) of the Internal Revenue Code as long as all of the
following conditions are satisfied:
(i) The entity has been in operation for at least five
years prior to applying to be a community school sponsor.
(ii) The entity has assets of at least five hundred
thousand dollars.
(iii) The department of education has determined that the
entity is an education-oriented entity under division (B)(3) of
section 3314.015 of the Revised Code.
Until July 1, 2005, any entity described in division
(C)(1)(f) of this section may sponsor only schools that formerly
were sponsored
by the state board of education under division
(C)(1)(d) of this
section, as it existed prior to the effective
date of this
amendment April 8, 2003. After July 1, 2005, such entity may
sponsor any new or
existing school.
Any entity
described in division (C)(1) of this
section may enter
into a
preliminary agreement
pursuant
to
division (C)(2) of this
section with the proposing
person or
group.
(2) A preliminary agreement indicates the
intention of
an entity described in division (C)(1)
of this section
to
sponsor the community school. A proposing person or
group that
has such a preliminary agreement may proceed to
finalize plans for
the school, establish a governing authority
as described in
division (E) of this section
for the school, and
negotiate a
contract with the
entity. Provided the
proposing person or
group adheres to the
preliminary agreement and
all provisions of
this chapter, the
entity shall negotiate
in good faith to
enter into a
contract in accordance with section
3314.03 of the
Revised
Code.
(3) A new start-up school that is established in a school
district while that district is
either in a state of academic
emergency
or in a state of academic watch under section
3302.03 of
the Revised Code may
continue in
existence once the school
district is no longer
in a
state of
academic emergency
or academic
watch, provided there is a valid
contract between
the
school and a
sponsor.
(4) A copy of every preliminary agreement entered into under
this
division shall be filed with the superintendent of public
instruction.
(D) A majority vote of
the board of a sponsoring
entity
and a
majority vote of the members of the
governing authority of a
community school shall be required to
adopt a contract and
convert
the public school to a community
school or establish the new
start-up school.
Up to the
statewide limit prescribed in section 3314.013 of the Revised
Code, an unlimited number
of
community schools
may be
established
in any school district
provided that a contract is
entered into
for each community school
pursuant to
this chapter.
(E) As used in this division, "immediate relatives" are
limited to spouses, children, parents, grandparents, siblings, and
in-laws.
Each new start-up community school established under
this
chapter shall be under the direction of a governing authority
which shall consist of a board of not less than five individuals
who are not owners or employees, or immediate relatives of owners
or employees, of any for-profit firm that
operates or
manages a
school for the governing authority.
No person shall serve on the governing authority or
operate the community school under contract with the governing
authority so long as the person owes the state any money or is in
a dispute over whether the person owes the state any money
concerning the operation of a community school that has closed.
(F) Nothing in this chapter shall be construed to permit the
establishment of a community school in more than one school
district under the same contract.
Sec. 3314.03.
A copy of every contract entered into
under this section shall be filed with the superintendent of
public instruction.
(A) Each contract entered into
between a sponsor and the governing
authority of a
community school shall specify the following:
(1) That the school shall
be established as
either of the
following:
(a) A nonprofit
corporation established
under Chapter 1702.
of the Revised Code,
if established prior to the effective date of
this amendment April 8, 2003;
(b) A public benefit corporation established under Chapter
1702. of the Revised Code, if established after the effective date
of this amendment April 8, 2003;
(2) The education program of the school, including the
school's mission,
the characteristics of the students the school
is expected to attract, the ages and grades of students, and the
focus of the
curriculum;
(3) The academic goals to be achieved and the method of
measurement that
will be used to determine progress toward those
goals, which shall include the statewide
achievement
tests;
(4) Performance standards by which the success of the
school
will be evaluated by the sponsor;
(5) The admission standards of section 3314.06 of the
Revised Code;
(6)(a) Dismissal procedures;
(b) A requirement that the governing authority adopt an
attendance policy that includes a procedure for automatically
withdrawing a student from the school if the student without a
legitimate excuse fails to participate in one hundred five
cumulative consecutive hours of the learning opportunities offered to the
student. Such a policy shall provide for withdrawing the student
by the end of the thirtieth day after the student has failed to
participate as required under this division.
(7) The ways by which the school will achieve racial and
ethnic balance
reflective of the community it serves;
(8) Requirements
for
financial audits by the
auditor of state. The contract shall require
financial records of
the school to be maintained in
the same manner as are financial
records of school districts, pursuant to
rules of the auditor of
state, and the audits shall be conducted in
accordance with
section 117.10 of the Revised Code.
(9) The facilities to be used and
their locations;
(10) Qualifications of teachers,
including a requirement
that the school's
classroom teachers be licensed in accordance
with sections 3319.22 to
3319.31 of the Revised Code, except that
a community school may engage
noncertificated persons to teach up
to twelve
hours per week pursuant to section 3319.301 of the
Revised Code;
(11) That the school will comply with the following
requirements:
(a) The school will provide learning opportunities to a
minimum
of twenty-five students for a minimum of nine
hundred
twenty hours per school year;
(b) The governing authority will
purchase liability
insurance, or otherwise provide for the
potential liability of the
school;
(c) The school will be
nonsectarian in its programs,
admission policies,
employment practices, and all other
operations, and will not be
operated by a sectarian school or
religious institution;
(d) The school will comply with
sections 9.90, 9.91, 109.65,
121.22,
149.43, 2151.358, 2151.421, 2313.18,
3301.0710, 3301.0711,
3301.0712,
3301.0715,
3313.50,
3313.608, 3313.6012,
3313.643,
3313.648, 3313.66, 3313.661,
3313.662,
3313.67,
3313.671,
3313.672,
3313.673, 3313.69, 3313.71, 3313.716,
3313.80,
3313.96,
3319.073, 3319.321, 3319.39, 3321.01,
3321.13, 3321.14,
3321.17,
3321.18, 3321.19, 3321.191, 3327.10, 4111.17,
4113.52, and
5705.391
and
Chapters 117., 1347.,
2744., 3365.,
3742., 4112., 4123.,
4141., and
4167. of
the Revised Code
as if it were a
school
district
and will comply with section
3301.0714 of the
Revised
Code in the manner specified in section
3314.17 of the
Revised
Code;
(e) The school shall comply with Chapter 102. of the Revised
Code except that
nothing in that chapter shall prohibit a
member
of the school's governing board from also being an employee
of the
school and nothing in that chapter or section 2921.42 of
the
Revised Code shall prohibit a member of the
school's governing
board from having an interest in a
contract into which the
governing board enters
that is not a contract with a for-profit
firm for the operation or
management of a school under the
auspices of the governing
authority;
(f) The school will comply with sections 3313.61,
3313.611,
and 3313.614 of the Revised Code, except that the
requirement in
sections
3313.61 and 3313.611 of the Revised
Code that a person
must successfully
complete the curriculum
in
any high school prior
to receiving a
high school diploma may be
met by completing the
curriculum adopted by the
governing
authority of the community
school
rather than the curriculum
specified in Title XXXIII of the
Revised Code or any rules of the
state board of education;
(g) The school governing authority will submit
within four months after the end of each school year a
report
of
its activities and progress in meeting the goals and
standards of
divisions
(A)(3) and (4) of this section and its
financial status
to the
sponsor, the parents of all students
enrolled in the
school, and the legislative office of education
oversight. The
school will
collect and provide
any data that the
legislative
office of education oversight requests in
furtherance
of any study
or research that the general assembly requires the
office to
conduct, including the studies required under Section
50.39
of Am.
Sub. H.B. 215 of the
122nd general assembly and
Section 50.52.2 of
Am. Sub. H.B. 215 of the
122nd general
assembly, as amended.
(12) Arrangements for providing health and other benefits
to
employees;
(13) The length of the contract, which shall begin at the
beginning of an
academic year. No contract shall
exceed
five years
unless such contract has been renewed pursuant to
division (E) of this section.
(14) The governing authority of the school, which shall be
responsible for carrying out the provisions of the contract;
(15) A financial plan detailing an estimated school budget
for each year
of the period of the contract and specifying the
total estimated per pupil
expenditure amount for each such year.
The plan shall specify for
each year the base formula amount
that
will be used for purposes of funding calculations under section
3314.08
of the Revised Code. This base formula amount for any
year shall not exceed
the formula amount defined under section
3317.02
of the Revised Code. The plan may also
specify for any
year a percentage figure to be used for reducing the per pupil
amount of disadvantaged pupil impact aid calculated pursuant to
section 3317.029 of the Revised Code the school is to
receive that
year under section 3314.08 of the Revised Code.
(16) Requirements and procedures regarding the disposition
of
employees of the school in the event the contract is terminated
or not renewed pursuant to section 3314.07 of the Revised Code;
(17) Whether the school is to be created by
converting all
or part of an existing public school or is to be a new start-up
school, and if it is a converted public school, specification of
any duties or
responsibilities of an employer that the board of
education that operated the
school before conversion is delegating
to the governing board of the community
school with respect to all
or any specified group of employees provided the
delegation is not
prohibited by a collective bargaining agreement applicable
to such
employees;
(18) Provisions establishing procedures for resolving
disputes or
differences of opinion between the sponsor and the
governing authority of the
community school;
(19) A provision requiring the governing authority to adopt
a policy
regarding
the admission of students who reside outside
the district in which the school
is located. That policy shall
comply with the admissions procedures specified
in section 3314.06
of the Revised Code and, at the sole
discretion of the authority,
shall do one of the following:
(a) Prohibit the enrollment of students who reside outside
the
district in which the school is located;
(b) Permit the enrollment of students who reside in
districts
adjacent to the district in which the school is located;
(c) Permit the enrollment of students who reside in any
other
district in the state.
(20) A provision recognizing the authority of the department
of education to take over the sponsorship of the school in
accordance with the provisions of division (C) of section 3314.015
of the Revised Code;
(21) A provision recognizing the sponsor's authority to
assume the operation of a school under the conditions specified in
division (B) of section 3314.073 of the Revised Code;
(22) A provision recognizing both of the following:
(a) The authority of public health and safety officials to
inspect the facilities of the school and to order the facilities
closed if those officials find that the facilities are not in
compliance with health and safety laws and regulations;
(b) The authority of the
department of education as the
community school oversight body to
suspend the operation of the
school under section 3314.072 of the
Revised Code if the
department has evidence of conditions or
violations of law at the
school that pose an imminent danger to
the health and safety of
the school's students and employees and
the sponsor refuses to
take such action;
(23) A description of the learning opportunities that will
be offered to students including both classroom-based and
non-classroom-based learning opportunities that is in compliance
with criteria for student participation established by the
department under division (L)(2) of section 3314.08 of the Revised
Code.
(B) The community school shall also submit to the sponsor a
comprehensive plan for the
school. The plan shall specify the
following:
(1) The process by which the governing authority of the
school will be
selected in the future;
(2) The management and administration of the school;
(3) If the community school is a currently existing
public
school, alternative arrangements
for current public school
students who choose
not to attend the school and teachers who
choose not to teach in
the school after conversion;
(4) The instructional program and educational philosophy of
the
school;
(5) Internal financial controls.
(C) A contract entered into under section 3314.02 of the
Revised
Code between a sponsor and the governing
authority of a
community school may provide for the community school governing
authority to make payments to the sponsor, which is hereby
authorized to
receive such payments as set forth in the contract
between the governing
authority and the sponsor.
The total amount
of such payments for oversight and monitoring of the school shall
not exceed three per cent of the total
amount of payments for
operating expenses that the school receives
from the state.
(D) The contract shall specify the duties of the sponsor
which shall be in accordance with the written agreement entered
into with the department of education under division (B) of
section 3314.015 of the Revised Code and shall include the
following:
(1) Monitor the community school's compliance with all laws
applicable to the school and with the terms of the contract;
(2) Monitor and evaluate the academic and fiscal
performance and the organization and operation of the community
school on at least an annual basis;
(3) Report on an annual basis the results of the evaluation
conducted under division (D)(2) of this section to the department
of education and to the parents of students enrolled in the
community school;
(4) Provide technical assistance to the community school
in complying with laws applicable to the school and terms of the
contract;
(5) Take steps to intervene in the school's operation to
correct problems in the school's overall
performance, declare the
school to be on probationary status
pursuant to section 3314.073
of the Revised Code, suspend the
operation of the school pursuant
to section 3314.072 of the
Revised Code, or terminate the contract
of the school pursuant to
section 3314.07 of the Revised Code as
determined necessary by the
sponsor;
(6) Have in place a plan of action to be undertaken in the
event the community school experiences financial difficulties or
closes prior to the end of a school year.
(E) Upon the expiration of a
contract entered into under
this section, the sponsor of a
community school may, with the
approval of the governing authority
of the school, renew that
contract for
a period of time determined by the sponsor, but not
ending earlier
than the end of any school year, if the sponsor
finds that the
school's compliance with applicable laws and terms
of the contract
and the school's progress in meeting the academic
goals prescribed
in the contract have been satisfactory. Any
contract that is renewed
under this division remains subject to
the provisions of sections
3314.07, 3314.072, and 3314.073 of the
Revised Code.
Sec. 3314.041. The governing authority of each community
school and any operator of such school shall place in a
conspicuous manner in all documents that are distributed distribute to
parents of students of the school or to the general public upon their enrollment in the school the
following statement in writing:
"The .............. (here fill in name of the school) school
is a community school established under Chapter 3314. of the
Revised Code. The school is a public school and students enrolled
in and attending the school are required to take proficiency tests
and other examinations prescribed by law. In addition, there may
be other requirements for students at the school that are
prescribed by law. Students who have been excused from the
compulsory attendance law for the purpose of home education as
defined by the Administrative Code shall no longer be excused for
that purpose upon their enrollment in a community school. For more
information about this matter contact the school administration or
the Ohio Department of Education."
Sec. 3314.07. (A) The expiration of the contract for a
community school between a sponsor and a school shall be the
date
provided in the contract. A successor contract may
be entered
into
pursuant to division (E) of section 3314.03 of the Revised
Code unless the contract is terminated or not renewed pursuant to
this section.
(B)(1) A sponsor may choose not to renew a contract at its
expiration or may choose to terminate a contract prior to its
expiration for
any of the following reasons:
(a) Failure to meet student
performance requirements stated
in the contract;
(b) Failure to meet generally accepted standards of fiscal
management;
(c)
Violation of any provision of the
contract or applicable
state or federal law;
(2)
A
sponsor may choose to terminate a contract prior to its
expiration if the sponsor has suspended the operation of the
contract under section 3314.072 of the Revised Code.
(3) At least
ninety
days prior to the
termination or
nonrenewal of a contract, the sponsor shall notify
the school
of
the proposed action in writing. The notice shall
include the
reasons for the proposed action in detail, the
effective date of
the termination or nonrenewal, and
a statement
that the
school
may, within fourteen days of receiving the notice,
request
an
informal hearing before the sponsor. Such request must
be in
writing.
The informal hearing shall be held within
seventy
days of
the receipt of a request for the hearing.
Promptly
following the
informal hearing, the sponsor shall issue
a
written
decision
either affirming or rescinding the decision to
terminate
or not
renew the contract.
(4) A decision by the sponsor to terminate a contract may
be
appealed to the state board of education. The decision by the
state board pertaining to an
appeal under this division is final.
If the sponsor is the state board, its decision to terminate a
contract under division (B)(3) of this section shall be final.
(5) The termination of a contract under this section shall
be effective upon the occurrence of the later of the following
events:
(a) Ninety days following the date the sponsor notifies the
school of its decision to terminate the contract as prescribed in
division (B)(3) of this section;
(b) If an informal hearing is requested under division
(B)(3) of this section and as a result of that hearing the sponsor
affirms its decision to terminate the contract, the effective date
of the termination specified in the notice issued under division
(B)(3) of this section, or if that decision is appealed to the
state board under division (B)(4) of this section and the state
board affirms that decision, the date established in the
resolution of the state board affirming the sponsor's decision.
(6) Any community school whose contract is terminated under this division shall not enter into a contract with any other sponsor.
(C) A child attending a community school whose contract has
been
terminated,
nonrenewed, or suspended or that closes for
any
reason shall
be admitted to
the schools of the district in
which
the child is
entitled to attend
under section 3313.64 or
3313.65
of the Revised
Code. Any
deadlines established for the
purpose of
admitting
students under section
3313.97 or 3313.98
of the Revised
Code
shall be
waived for
students to whom this division
pertains.
(D) If a community school does not intend to renew a contract with its sponsor, the community school shall notify its sponsor in writing of that fact at least one hundred eighty days prior to the expiration of the contract. Such a community school may enter into a contract with a new sponsor in accordance with section 3314.03 of the Revised Code upon the expiration of the previous contract.
(E) A sponsor of a community school and the officers,
directors,
or employees of such a sponsor are not liable in
damages in a tort or other
civil action for harm allegedly arising
from either of the following:
(1) A failure of the community school or any of its
officers, directors,
or employees to perform any statutory or
common law duty or responsibility or
any other legal obligation;
(2) An action or omission of the community school or any of
its officers,
directors, or employees that results in harm.
(E)(F) As used in this section:
(1)
"Harm" means injury, death, or loss to person or
property.
(2)
"Tort action" means a civil action for damages for
injury, death, or
loss to person or property other than a civil
action for damages for a breach
of contract or another agreement
between persons.
Sec. 3314.074. 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. 3314.08. (A) As used in this section:
(1)
"Base formula amount" means the
amount specified as such
in a community school's financial plan for a school
year pursuant
to division (A)(15) of section 3314.03 of the
Revised Code.
(2)
"Cost-of-doing-business factor" has the same meaning as
in section
3317.02 of the Revised Code.
(3)
"IEP" means an
individualized education program as
defined in section 3323.01 of
the Revised Code.
(4)
"Applicable
special education weight" means the
multiple
specified in section 3317.013
of
the Revised Code for a handicap
described
in that
section.
(5)
"Applicable vocational education weight" means:
(a) For a student enrolled in vocational education programs
or
classes described in division (A) of section 3317.014 of the
Revised Code, the
multiple specified in that division;
(b) For a student enrolled in vocational education programs
or
classes described in division (B) of section 3317.014 of the
Revised Code, the
multiple specified in that division.
(6)
"Entitled to attend school" means entitled to attend
school
in a district under section 3313.64 or 3313.65 of the
Revised
Code.
(7)
A community school student
is "included in the DPIA
student count" of a school district if
the student is entitled to
attend school in the district and:
(a) For school years prior to fiscal year 2004, the
student's family receives assistance under the Ohio works first
program.
(b) For school years in and after fiscal year 2004, the
student's family income does not exceed the federal poverty
guidelines, as defined in section 5101.46 of the Revised Code, and
the student's family receives family assistance, as defined in
section 3317.029 of the Revised Code.
(8) "DPIA reduction factor" means the
percentage figure,
if
any, for reducing the per pupil amount
of disadvantaged pupil
impact aid
a community school is entitled to receive pursuant to
divisions (D)(5) and
(6) of this
section in any year,
as
specified
in the school's financial plan for the year pursuant to
division
(A)(15) of section 3314.03 of the Revised Code.
(9)
"All-day kindergarten" has the same meaning as in
section
3317.029 of the Revised Code.
(B) The state board of education shall adopt rules requiring
both
of the following:
(1) The board of education of each city, exempted village,
and local school district to annually report the number of
students entitled to attend school in the district who are
enrolled in grades
one through
twelve in a
community school
established under this chapter, the number of
students entitled to
attend school in the district who are enrolled in
kindergarten in
a community school,
the number of those
kindergartners who are
enrolled in all-day kindergarten in their
community school,
and
for each child,
the
community school in which the child is
enrolled.
(2) The governing authority of each community school
established under this chapter to annually report all of the
following:
(a) The number of
students enrolled in grades one through
twelve and the number
of
students enrolled in kindergarten in the
school
who are not receiving special education and
related
services pursuant to an IEP;
(b) The number of enrolled students in grades one through
twelve and the number of enrolled students in
kindergarten,
who
are receiving special
education and related services
pursuant to
an IEP;
(c) The number of students reported under division
(B)(2)(b)
of
this section receiving special education and related services
pursuant to
an IEP for a handicap described in each of divisions
(A)
to (F)
of section 3317.013
of
the Revised Code;
(d)
The full-time equivalent number of students reported
under divisions
(B)(2)(a) and (b) of this section who are
enrolled
in vocational education programs or classes described in each of
divisions (A) and (B) of section 3317.014 of the Revised Code that
are
provided by the community school;
(e)
One-fourth of the number of students reported under
divisions (B)(2)(a) and (b) of this section who are not reported
under division (B)(2)(d) of this section but who are enrolled in
vocational education programs or classes described in each of
divisions (A) and (B) of section 3317.014 of the Revised Code at a
joint vocational school district under a contract between the
community school and the joint vocational school district 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;
(f) The number of
enrolled preschool handicapped students
receiving special education
services in a state-funded unit;
(g) The community
school's base formula amount;
(h) For each student, the
city, exempted village, or
local
school district in which the
student is
entitled to attend
school;
(i) Any DPIA reduction factor that applies to a
school
year.
(C) From the payments made to a city, exempted village, or
local
school district under Chapter 3317. of the Revised Code and,
if necessary,
sections 321.14 and 323.156 of the Revised Code, the
department of education
shall annually subtract all of the
following:
(1) An amount equal to the sum of the amounts obtained when,
for each
community school where the district's students are
enrolled, the number of the
district's students reported under
divisions
(B)(2)(a), (b), and (e) of this section who are
enrolled in
grades one through twelve, and one-half the number of
students
reported under those divisions who are enrolled in
kindergarten,
in that community school
is multiplied by
the base
formula amount
of that community school
as adjusted by the school
district's
cost-of-doing-business factor.
(2) The
sum of the
amounts calculated under divisions
(C)(2)(a)
and
(b) of this
section:
(a) For each of the district's students reported under
division
(B)(2)(c) of this section as enrolled in a community
school in
grades one through twelve and receiving special
education and related services
pursuant to an IEP for a handicap
described in section 3317.013 of
the Revised Code, the product of
the applicable special education weight
times
the
community
school's base formula
amount;
(b) For each of the district's students reported under
division (B)(2)(c) of this section as enrolled in kindergarten
in
a
community school and receiving special education and related
services
pursuant to
an IEP for a handicap described in section
3317.013 of the
Revised
Code, one-half of the amount calculated as
prescribed in division
(C)(2)(a) of this section.
(3)
For each of the district's students reported under
division
(B)(2)(d) of this section for whom payment is made under
division (D)(4) of this section, the amount of that payment;
(4) An amount equal to the sum of the amounts obtained when,
for each
community school where the district's students are
enrolled, the number of the
district's students enrolled in that
community school
who are included in the district's DPIA student
count
is multiplied by the per pupil amount of
disadvantaged pupil
impact aid the school district receives that
year pursuant
to
division (B) or (C) of section 3317.029 of
the
Revised
Code, as
adjusted by any DPIA reduction factor of that
community
school.
If
the district receives
disadvantaged pupil
impact aid under
division (B) of that section,
the per pupil
amount of that aid is
the quotient of the amount the district
received under that
division divided by the
district's DPIA student count,
as defined
in that section.
If
the
district receives
disadvantaged pupil
impact aid under division
(C) of section
3317.029 of the Revised
Code, the
per pupil
amount
of that aid is
the per pupil dollar
amount prescribed for the
district in
division (C)(1) or (2) of
that section.
(5) An amount equal to the sum of the amounts obtained
when,
for
each community school where the district's students are
enrolled, the
district's per pupil amount of aid received under
division (E) of
section 3317.029 of the Revised Code, as adjusted
by any
DPIA
reduction factor of the community school, is
multiplied by the sum of the
following:
(a) The number of the district's students reported under
division
(B)(2)(a) of this section who are enrolled in grades one
to
three in
that community school and who are not receiving
special education and related
services pursuant to
an IEP;
(b) One-half of the district's students who are enrolled in
all-day or any other kindergarten class in that community school
and who are
not receiving special education and related
services
pursuant to an IEP;
(c) One-half of the district's students who are enrolled in
all-day kindergarten in that community school and who are not
receiving
special education and related services pursuant to an
IEP.
The district's per pupil amount of aid under division (E) of
section 3317.029 of the Revised Code is the quotient of the
amount
the district received under that division divided by the
district's
kindergarten through third grade ADM, as defined in
that
section.
(D) The department shall annually pay to a community school
established under
this chapter all of the following:
(1) An amount equal to the sum of the amounts obtained when
the number of students enrolled in grades one through twelve, plus
one-half of the kindergarten students in the school,
reported
under
divisions (B)(2)(a), (b), and (e) of
this
section who
are not
receiving special education and related services pursuant
to an
IEP for a handicap described in
section
3317.013
of the
Revised
Code
is
multiplied by the community school's base formula
amount,
as
adjusted by the cost-of-doing-business factor of the
school
district in which the student is
entitled to attend school;
(2) The greater of the following:
(a) The aggregate amount that the department paid to the
community school in fiscal year 1999 for students receiving
special education
and related services
pursuant to IEPs, excluding
federal funds and state
disadvantaged
pupil impact aid funds;
(b) The sum of the amounts calculated under divisions
(D)(2)(b)(i) and (ii) of
this section:
(i) For
each student reported under division (B)(2)(c)
of
this section as enrolled in the school in
grades one through
twelve and receiving special education
and related services
pursuant to an IEP
for a handicap described in
section
3317.013
of the
Revised
Code, the following amount:
(the community school's base formula amountX the cost-of-doing-business factorof the district where the studentis entitled to attend school) +
(the applicable
special education
weight Xthe community school's base formula amount);(ii) For each student reported under division
(B)(2)(c)
of
this section as enrolled in kindergarten and receiving special
education and related services pursuant to an IEP for a
handicap
described in
section
3317.013
of the Revised
Code, one-half
of
the
amount calculated under the formula prescribed in division
(D)(2)(b)(i) of this section.
(3) An amount received from federal
funds to provide special
education and related services to students in the
community
school, as
determined by the superintendent of
public instruction.
(4)
For each student reported under division (B)(2)(d)
of
this section as enrolled in vocational education programs or
classes that
are described in section 3317.014 of the Revised
Code, are provided by the community school,
and are comparable as
determined by the superintendent of public instruction to
school
district vocational education programs and classes eligible for
state
weighted funding under section 3317.014 of the Revised Code,
an amount equal to the applicable
vocational education weight
times the community school's base formula amount
times the
percentage of time the student spends in the vocational education
programs or classes.
(5) An amount equal to the sum of the amounts obtained
when,
for each
school district where the community school's students are
entitled to attend
school,
the number of that district's students
enrolled in the community
school
who are included in the
district's DPIA student count is
multiplied by the per pupil
amount of disadvantaged
pupil
impact
aid that school district
receives that year pursuant to
division
(B) or (C) of
section
3317.029 of the Revised Code, as
adjusted by
any DPIA reduction
factor of the community school.
The
per pupil
amount of
aid shall
be determined as described in
division
(C)(4) of this
section.
(6) An amount equal to the sum of the amounts obtained
when,
for
each school district where the community school's
students are
entitled to attend school, the district's per pupil
amount of aid
received under division (E) of section 3317.029 of
the
Revised
Code, as adjusted by any DPIA
reduction factor of the
community
school, is multiplied by the sum of the
following:
(a) The number of the district's students reported under
division
(B)(2)(a) of this section who are enrolled in grades one
to
three in
that community school and who are not receiving
special education and related
services pursuant to
an IEP;
(b) One-half of the district's students who are enrolled in
all-day or any other kindergarten class in that community school
and who are
not receiving special education and related
services
pursuant to an IEP;
(c) One-half of the district's students who are enrolled in
all-day kindergarten in that community school and who are not
receiving
special education and related services pursuant to an
IEP.
The district's per pupil amount of aid under division (E) of
section 3317.029 of the Revised Code shall be determined as
described in division (C)(5) of this section.
(E)(1) If a community school's costs for a fiscal year for a
student
receiving special education and related services pursuant
to an
IEP for a handicap
described in
divisions (B) to
(F) of
section
3317.013 of the
Revised
Code
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 school may
submit
to the
superintendent of
public instruction documentation,
as
prescribed
by the
superintendent, of all its costs for that
student. Upon
submission of documentation for a student of the
type and in the
manner prescribed, the department shall pay to the
community
school an amount equal to the school's costs
for the
student in
excess of
the threshold catastrophic costs.
(2) The community school 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) A community school may apply to the department of
education for
preschool handicapped or gifted unit funding the
school would receive if it were a school district. Upon request
of its
governing authority, a community school that received
unit
funding as a school district-operated school before it became a
community
school shall retain any units awarded to it as a school
district-operated
school provided the school continues to meet
eligibility standards for the
unit.
A community school shall be considered a school district
and
its governing authority shall be considered a board of
education
for the purpose of applying to any state or federal
agency for
grants that a school district may receive under
federal or state
law or any appropriations act of the general
assembly. The
governing authority of a community school may apply to any
private
entity for additional funds.
(G) A board of education sponsoring a community school may
utilize local funds to make enhancement grants to the school or
may agree,
either as part of the contract or separately, to
provide any specific services
to the community school at no cost
to the school.
(H) A community school may not levy taxes or issue bonds
secured by tax revenues.
(I) No community school shall charge tuition for the
enrollment of any student.
(J)(1)(a) A community school may borrow money to pay any
necessary
and actual
expenses of the school in anticipation of the
receipt
of any portion of the
payments to be received by the
school
pursuant to division (D) of this
section. The school may
issue
notes to evidence such borrowing
. The
proceeds
of the notes shall be used only for the purposes for
which the
anticipated receipts may be lawfully expended by the
school.
(b) A school may also borrow money for a term not to
exceed
fifteen years for the purpose of acquiring facilities.
(2) Except for any amount guaranteed under section 3318.50 of
the Revised Code, the state is not liable for debt incurred by the
governing authority of a community school.
(K) For purposes of determining the
number of students for
which divisions
(D)(5) and
(6) of this section applies in
any
school year, a community school may submit to
the department
of
job and family services, no
later than the first day of
March,
a
list of the students enrolled in the
school. For each student
on
the list, the community school shall indicate the
student's
name,
address, and date of birth and the school district where the
student is entitled to attend school. Upon receipt of a list
under this
division, the department
of
job and family services
shall determine,
for each school district where one or more
students on the list is entitled
to attend school,
the
number
of
students residing in that school district who were included in the
department's report
under section 3317.10 of the Revised Code.
The
department shall make this
determination on the basis of
information readily available to it. Upon
making this
determination
and no later than ninety days after submission of
the list by the community
school, the department shall report to
the state department of education the
number of students on the
list who reside in each school
district who were included in the
department's report
under section 3317.10 of the Revised Code. In
complying with this division,
the department of job and family
services shall not report
to the state department of
education any
personally identifiable information on any student.
(L) The department
of education shall adjust the amounts
subtracted and paid under divisions (C) and (D) of this
section to
reflect any enrollment of students in community schools for less
than the equivalent of a full school year. The state board of
education within ninety
days after the effective date of this
amendment April 8, 2003, shall adopt in
accordance with Chapter 119. of the
Revised Code rules governing
the payments to community schools
under this section including
initial payments in a school year and
adjustments and reductions
made in subsequent periodic payments to
community schools and
corresponding deductions from school
district accounts as provided
under divisions (C) and (D) of this
section. For
purposes of this
section:
(1) A
student shall be considered enrolled in the community
school for any portion
of the school year the student is
participating at a college under
Chapter 3365. of the Revised
Code.
(2) A student shall be considered to be enrolled in a
community school during a school year for the period of time
between the date on which the school both has received
documentation of the student's enrollment from a parent and has
commenced participation in learning opportunities as defined in
the contract with the sponsor. For purposes of
applying this
division to a community school student, "learning
opportunities"
shall be defined in the contract, which shall
describe both
classroom-based and non-classroom-based learning
opportunities and
shall be in compliance with criteria and
documentation
requirements for student participation which shall
be established
by the department. Any student's instruction time
in
non-classroom-based learning opportunities shall be certified
by
an employee of the community school. A student's enrollment
shall
be considered to cease on the date on which any of the following
occur:
(a) The community school receives documentation from a
parent terminating enrollment of the student.
(b) The community school is provided documentation of a
student's enrollment in another public or private school.
(c) The community school ceases to offer learning
opportunities to the student pursuant to the terms of the contract
with the sponsor or the operation of any provision of this
chapter.
(3) A student's percentage of full-time equivalency shall
be considered to be the percentage the hours of learning
opportunity offered to that student is of nine hundred and twenty
hours.
(M) The department of education shall reduce the amounts
paid
under division (D) of this section to reflect payments made
to
colleges under division (B) of section 3365.07 of the Revised
Code.
(N)(1)
No student shall be considered enrolled in any
internet-
or computer-based community school unless the both of the following conditions are satisfied:
(a) The student
possesses or
has been provided with all required hardware and
software
materials and all such materials are fully operational and the so that the student is capable of fully participating in the learning opportunities specified in the contract between the school and the school's sponsor as required by division (A)(23) of section 3314.03 of the Revised Code;
(b) The
school is in compliance with division (A)(1) or (2) of section
3314.032 of the Revised Code, relative to such student.
In
(2) In
accordance with policies adopted jointly by the
superintendent
of
public instruction
and the auditor of state,
the
department
shall
reduce the amounts otherwise payable
under
division (D) of
this
section to any
internet- or
computer-based
community
school that
includes in its program the
provision of
computer
hardware and
software materials to each
student, if such
hardware
and software
materials have not been
delivered,
installed, and
activated for
all students in a timely manner or
other educational
materials or
services have not been provided
according to the
contract between
the individual community school
and its sponsor.
The superintendent of public instruction
and the auditor of
state shall jointly
establish a method for auditing any community
school to which this
division pertains to ensure compliance with
this section.
The superintendent, auditor of state, and the governor shall
jointly
make recommendations to the general assembly for
legislative
changes that may be required to assure fiscal and
academic
accountability for such
internet- or
computer-based
schools.
(O)(1) If the department determines that a review of a
community school's enrollment is necessary, such review shall be
completed and written notice of the findings shall be provided to
the governing authority of the community school and its sponsor
within ninety days of the end of the community school's fiscal
year, unless extended for a period not to exceed thirty additional
days for one of the following reasons:
(a) The department and the community school mutually agree
to the extension.
(b) Delays in data submission caused by either a community
school or its sponsor.
(2) If the review results in a finding that additional
funding is owed to the school, such payment shall be made within
thirty days of the written notice. If the review results in a
finding that the community school owes moneys to the state, the
following procedure shall apply:
(a) Within ten business days of the receipt of the notice of
findings, the community school may appeal the department's
determination to the state board of education or its designee.
(b) The board or its designee shall conduct an informal
hearing on the matter within thirty days of receipt of such an
appeal and shall issue a decision within fifteen days of the
conclusion of the hearing.
(c) If the board has enlisted a designee to conduct the
hearing, the designee shall certify its decision to the board.
The
board may accept the decision of the designee or may reject
the
decision of the designee and issue its own decision on the
matter.
(d) Any decision made by the board under this division is
final.
(3) If it is decided that the community school owes moneys
to the state, the department shall deduct such amount from the
school's future payments in accordance with guidelines issued by
the superintendent of public instruction.
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. 3314.18. (A) As used in this section, "consortium member" means any community school that pays the fee required by division (D) of this section.
(B) The auditor of state shall appoint a coordinator for community schools. Any entity appointed by the auditor of state under this section shall satisfy the following criteria:
(1) A demonstrated capacity to provide a comprehensive and efficient program of computer services at a reasonable cost to consortium members, including the availability of necessary hardware, software, and personnel;
(2) At least three years of experience in the provision of administrative, financial, or computer services to community schools;
(3) At least three years of financial stability;
(4) At least three years of experience serving as the sponsor of a community school.
Any entity appointed by the auditor of state shall serve as the coordinator for community schools for a period of five years. Any such entity may be reappointed.
(C) The coordinator for community schools shall maintain membership records as described in sections 3317.031 and 3317.032 of the Revised Code and report data from such records to the state board of education in accordance with those sections for each consortium member. The coordinator also shall be eligible to serve as a data acquisition site, as defined by rule of the state board, for any consortium member.
(D) All activities of the coordinator for community schools shall be supported by an annual fee paid by each community school that elects to utilize its services. The amount of the fee shall be established jointly by the coordinator, the department of education, and the auditor of state. No funds appropriated for the Ohio education computer network shall be allocated by the department to the coordinator.
(E) The coordinator for community schools shall appoint an executive director to manage the daily operations of the coordinator.
(F) Notwithstanding division (O) of section 3314.08 of the Revised Code, in the event of a dispute between a consortium member and a school district regarding the consortium member's student enrollment, either the consortium member or the district may file an appeal with the executive director of the coordinator for community schools. The executive director shall notify all affected parties that an appeal has been filed and shall hold a hearing on the matter. Following the hearing, the executive director shall issue a written finding. If the executive director finds that the consortium member's enrollment has been calculated incorrectly, the department shall adjust the amounts subtracted and paid under divisions (C) and (D) of section 3314.08 of the Revised Code to reflect the correct enrollment. The state board shall adopt rules governing appeal procedures under this division.
(G) Nothing in this section shall be construed to require a community school to utilize the services of the coordinator for community schools.
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. 3317.01. As used in this section and section 3317.011
of the Revised Code,
"school district," unless otherwise
specified, means any city, local, exempted village, joint
vocational, or cooperative education school district and
any
educational service center.
This chapter shall be administered by the state board of
education. The superintendent of public instruction shall
calculate the amounts payable to each school district and shall
certify the amounts payable to each eligible district to the
treasurer of the district as provided by this chapter. No moneys
shall be distributed pursuant to this chapter without the
approval
of the controlling board.
The state board of education shall, in accordance with
appropriations made by the general assembly, meet the financial
obligations of this chapter.
Annually, the department of education shall calculate and
report to each
school district the district's total state and
local funds for providing an
adequate basic education to the
district's nonhandicapped students, utilizing
the determination in
section 3317.012 of the Revised Code. In addition, the
department
shall
calculate and report separately for each school district the
district's total
state and local funds for providing an adequate
education for its handicapped
students, utilizing the
determinations in both sections 3317.012 and 3317.013
of the
Revised Code.
Not later than the thirty-first day of August of each fiscal
year,
the department of education shall provide to each school
district and
county MR/DD board a preliminary estimate of the
amount of funding
that the department calculates the district will
receive under each of
divisions (C)(1) and
(4) of section
3317.022
of the Revised Code. No later
than the first day of
December of
each fiscal year, the department shall
update that
preliminary
estimate.
Moneys distributed pursuant to this chapter shall be
calculated and paid on a fiscal year basis, beginning with the
first day of July and extending through the thirtieth day of
June.
The moneys appropriated for each fiscal year shall be
distributed
at least monthly to each school district unless
otherwise provided
for. The state board shall submit a yearly
distribution plan to
the controlling board at its
first meeting in July. The state
board shall submit any proposed midyear
revision of the plan to
the controlling
board in January. Any year-end revision of the
plan shall be submitted to
the controlling board in June. If
moneys appropriated for each
fiscal year are distributed other
than monthly, such distribution
shall be on the same basis for
each school district.
The total amounts paid each month shall constitute, as
nearly
as possible, one-twelfth of the total amount payable for
the
entire year. Monthly payments of the district's base cost funding shall be made be dividing by twelve the amount calculated using the average daily attendance appropriate for that month under division (A)(1) of section 3317.022, division (B) of section 3317.16, or division (C) of section 3317.0217 of the Revised Code, as applicable. Payments made during the first six months of
the
fiscal year may be based on an estimate of the amounts
payable for
the entire year. Payments made in the last six
months shall be
based on the final calculation of the amounts
payable to each
school district for that fiscal year. Payments
made in the last
six months may be adjusted, if necessary, to
correct the amounts
distributed in the first six months, and to
reflect enrollment
increases when such are at least three per
cent. Except as
otherwise provided, payments under this chapter
shall be made only
to those school districts in which:
(A) The school district, except for any
educational service
center and any joint
vocational or cooperative education school
district, levies for
current operating expenses at least twenty
mills.
Levies for
joint vocational or cooperative education
school districts or
county school financing districts, limited to
or to the extent
apportioned to current expenses, shall be
included in this
qualification requirement. School district
income tax levies
under Chapter 5748. of the Revised Code, limited
to or to the
extent apportioned to current operating expenses,
shall be
included in this qualification requirement to the extent
determined by the tax commissioner under division (D) of
section
3317.021 of the Revised Code.
(B) The school year next preceding the fiscal year for
which
such payments are authorized meets the requirement of
section
3313.48 or 3313.481 of the Revised Code, with regard to
the
minimum number of days or hours school must be open for
instruction with pupils in attendance, for individualized
parent-teacher conference and reporting periods, and for
professional meetings of teachers. This requirement shall be
waived by the superintendent of public instruction if it had been
necessary for a school to be closed because of disease epidemic,
hazardous weather conditions, inoperability of school buses or
other equipment
necessary to the school's operation, damage to a
school building, or
other temporary circumstances due to utility
failure rendering
the school building unfit for school use,
provided that for those
school districts operating pursuant to
section 3313.48 of the
Revised Code the number of days the school
was actually open for
instruction with pupils in attendance and
for individualized
parent-teacher conference and reporting periods
is not less than
one hundred seventy-five, or for those school
districts operating
on a trimester plan the number of days the
school was actually
open for instruction with pupils in attendance
not less than
seventy-nine days in any trimester, for those school
districts
operating on a quarterly plan the number of days the
school was
actually open for instruction with pupils in attendance
not less
than fifty-nine days in any quarter, or for those school
districts operating on a pentamester plan the number of days the
school was actually open for instruction with pupils in
attendance
not less than forty-four days in any pentamester.
A school district shall not be considered to have failed to
comply with this division or section 3313.481 of the Revised Code
because schools were open for instruction but either twelfth
grade
students were excused from attendance for up to three days
or only
a portion of the kindergarten students were in attendance
for up
to three days in order to allow for the gradual
orientation to
school of such students.
The superintendent of public instruction shall waive the
requirements of this section with reference to the minimum number
of days or hours school must be in session with pupils in
attendance for the school year succeeding the school year in
which
a board of education initiates a plan of operation pursuant
to
section 3313.481 of the Revised Code. The minimum
requirements of
this section shall again be applicable to such a
district
beginning with the school year commencing the second
July
succeeding the initiation of one such plan, and for each
school
year thereafter.
A school district shall not be considered to have failed to
comply with
this division or section 3313.48 or 3313.481 of the
Revised Code because
schools were open for instruction but the
length of the regularly scheduled
school day, for any number of
days during the school year, was reduced by not
more than two
hours due to hazardous weather conditions.
(C) The school district has on file, and is paying in
accordance with, a teachers' salary schedule
which complies with
section 3317.13 of the Revised Code.
A board of education or governing board of an educational
service center which
has not conformed with other law
and the
rules pursuant thereto, shall not participate in the
distribution
of funds authorized by sections 3317.022 to
3317.0211, 3317.11,
3317.16, 3317.17, and 3317.19 of the Revised
Code, except for good
and sufficient reason established to the
satisfaction of the state
board of education and the state
controlling board.
All funds allocated to school districts under this chapter,
except those specifically allocated for other purposes, shall be
used to pay current operating expenses only.
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 three 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,
$5,088
for fiscal year
2004,
and $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 2005.
(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 2005. 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 years 2004 and 2005, 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 fiscal year 2004 percentage to the office of budget and management not later than July 30, 2003, and shall certify the fiscal year 2005 percentage to the office not later than July 30, 2004. The department may adjust the percentage in effect during each fiscal year 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 years 2004 and 2005, 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, and May 30, 2005, 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 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. 3317.02. As used in this chapter:
(A) Unless otherwise specified,
"school district" means
city,
local, and exempted village school districts.
(B)
"Formula amount" means the base cost for the fiscal year
specified in section 3317.012 of the
Revised Code.
(C)
"FTE basis" means a
count of students based on full-time
equivalency, in accordance
with rules adopted by the department of
education pursuant to
section 3317.03 of the Revised Code. In
adopting its rules under this
division, the department shall
provide for
counting any student in category one, two,
three,
four, five, or six
special
education ADM or in category one or two
vocational
education
ADM in the same proportion the student is
counted in
formula ADM or average daily attendance.
(D)(1)
"Formula
ADM" means, for a city, local, or exempted
village school
district, the number reported pursuant to
division
(A) of section 3317.03 of the Revised Code, and for a joint
vocational school district, the number reported pursuant to
division
(D) of that section.
(2)
"Three-year average formula ADM" means the average of
formula ADMs for the
current and preceding two fiscal years.
However, as applicable in
fiscal years 1999 and 2000, the
three-year average for city, local, and
exempted village school
districts shall be determined utilizing the
FY 1997 ADM or FY 1998
ADM in lieu of
formula ADM for fiscal year 1997 or 1998. In
fiscal years 2000
and 2001, the three-year average for joint
vocational school districts shall
be determined utilizing the
average daily membership reported in fiscal years
1998 and 1999
under division (D) of section 3317.03 of the Revised Code in lieu
of
formula ADM for fiscal years 1998 and 1999.
(E)(3)
"FY 1997 ADM" or
"FY 1998 ADM" means the school
district's
average daily membership reported for the applicable
fiscal year
under the version of division (A) of section 3317.03
of the
Revised Code in effect during that
fiscal year, adjusted as
follows:
(1)(a) Minus the average daily membership of
handicapped
preschool children;
(2)(b) Minus one-half of the average daily
membership attending
kindergarten;
(3)(c) Minus three-fourths of the
average daily membership
attending a joint vocational school
district;
(4)(d) Plus the average daily membership entitled under
section
3313.64 or 3313.65 of the Revised
Code to attend school in the
district but receiving educational services in
approved units from
an educational
service center or another school district under a
compact or a
cooperative education agreement, as determined by the
department;
(5)(e) Minus the average daily membership receiving educational
services from the district in approved units but entitled under
section
3313.64 or 3313.65 of the Revised Code to attend school in
another school
district, as determined by the department.
(E) "Average daily attendance" means the average daily attendance reported for the prior month under section 3317.034 of the Revised Code. For purposes of calculating payments under division (A)(1) of section 3317.022, division (B) of section 3317.16, and section 3317.0217 of the Revised Code in July, August, and September, the department of education shall use the average daily attendance reported for the prior May.
(F)(1)
"Category one
special education ADM" means
the
average
daily membership of handicapped children receiving
special
education services for
the handicap
specified in
division (A)
of
section 3317.013 of the
Revised Code and reported
under
division
(B)(5) or
(D)(2)(b) of section 3317.03 of the
Revised
Code.
(2)
"Category two
special education ADM" means
the average
daily membership of handicapped children receiving
special
education services for those handicaps specified in
division (B)
of section 3317.013 of the Revised Code and reported under
division (B)(6) or (D)(2)(c) of section 3317.03 of
the Revised
Code.
(3)
"Category three special education ADM" means
the average
daily membership of students receiving special
education services
for
those handicaps specified in division (C) of section 3317.013
of the Revised Code, and
reported
under division
(B)(7) or
(D)(2)(d) of section 3317.03 of
the
Revised Code.
(4)
"Category four special
education ADM" means the average
daily membership of students
receiving special education services
for those handicaps specified
in division (D) of section 3317.013
of the Revised Code and
reported under division (B)(8) or
(D)(2)(e) of section 3317.03 of
the Revised Code.
(5) "Category five special education ADM" means the average
daily membership of students receiving special education services
for the handicap specified in division (E) of section 3317.013
of
the Revised Code and reported under division (B)(9) or
(D)(2)(f)
of section 3317.03 of the Revised Code.
(6) "Category six special education ADM" means the average
daily membership of students receiving special education services
for the handicap specified in division (F) of section 3317.013
of
the Revised Code and reported under division (B)(10) or
(D)(2)(g)
of section 3317.03 of the Revised Code.
(7) "Category one vocational education ADM"
means the
average
daily membership of students receiving vocational
education
services described in division (A) of section 3317.014
of the
Revised Code and reported under division (B)(11) or
(D)(2)(h)
of
section 3317.03 of the Revised Code.
(8)
"Category two vocational education ADM" means the
average
daily membership of students receiving vocational
education
services
described in division (B) of section 3317.014
of the
Revised Code and reported
under division (B)(12) or
(D)(2)(i) of
section
3317.03 of the Revised Code.
(G)
"Handicapped preschool child" means a
handicapped child,
as defined in section 3323.01 of the
Revised Code, who is at least
age three
but is not of compulsory school age, as defined in
section
3321.01 of the Revised Code, and who is not currently
enrolled in
kindergarten.
(H)
"County MR/DD board" means a county
board of mental
retardation and developmental
disabilities.
(I)
"Recognized valuation" means the
amount calculated for a
school district pursuant to section
3317.015 of the Revised Code.
(J)
"Transportation ADM" means the number of
children
reported under division
(B)(13) of section 3317.03 of the
Revised
Code.
(K)
"Average efficient transportation use cost per
student"
means a statistical representation of
transportation costs as
calculated under division (D)(2) of section 3317.022 of the
Revised Code.
(L)
"Taxes charged and payable" means the taxes charged
and
payable against real and public utility property after making
the
reduction required by section 319.301 of the Revised Code,
plus
the taxes levied against tangible personal property.
(M)
"Total taxable value" means the sum
of the amounts
certified for a city, local, exempted village, or
joint vocational
school district under divisions (A)(1) and (2)
of section 3317.021
of the Revised Code.
(N)
"Cost-of-doing-business factor" means the amount
indicated in this division for the county in which a city,
local,
exempted village, or joint vocational school district is located.
If a
city, local, or exempted village school
district is located
in
more than one county,
the factor is the amount indicated for
the
county to which the
district is assigned by the state
department
of education. If a joint
vocational school district is
located in
more than one county, the factor is
the amount
indicated for the
county in which the joint vocational school with
the greatest
formula ADM operated by the district is
located.
|
|
COST-OF-DOING-BUSINESS |
|
COUNTY |
FACTOR AMOUNT |
|
Adams |
1.0061 |
|
Allen |
1.0236 |
|
Ashland |
1.0331 |
|
Ashtabula |
1.0431 |
|
Athens |
1.0038 |
|
Auglaize |
1.0272 |
|
Belmont |
1.0043 |
|
Brown |
1.0207 |
|
Butler |
1.0663 |
|
Carroll |
1.0148 |
|
Champaign |
1.0413 |
|
Clark |
1.0443 |
|
Clermont |
1.0532 |
|
Clinton |
1.0296 |
|
Columbiana |
1.0262 |
|
Coshocton |
1.0200 |
|
Crawford |
1.0140 |
|
Cuyahoga |
1.0672 |
|
Darke |
1.0343 |
|
Defiance |
1.0165 |
|
Delaware |
1.0479 |
|
Erie |
1.0372 |
|
Fairfield |
1.0354 |
|
Fayette |
1.0258 |
|
Franklin |
1.0519 |
|
Fulton |
1.0361 |
|
Gallia |
1.0000 |
|
Geauga |
1.0528 |
|
Greene |
1.0407 |
|
Guernsey |
1.0064 |
|
Hamilton |
1.0750 |
|
Hancock |
1.0215 |
|
Hardin |
1.0348 |
|
Harrison |
1.0081 |
|
Henry |
1.0338 |
|
Highland |
1.0129 |
|
Hocking |
1.0151 |
|
Holmes |
1.0238 |
|
Huron |
1.0305 |
|
Jackson |
1.0118 |
|
Jefferson |
1.0067 |
|
Knox |
1.0258 |
|
Lake |
1.0556 |
|
Lawrence |
1.0122 |
|
Licking |
1.0375 |
|
Logan |
1.0362 |
|
Lorain |
1.0521 |
|
Lucas |
1.0406 |
|
Madison |
1.0437 |
|
Mahoning |
1.0384 |
|
Marion |
1.0263 |
|
Medina |
1.0595 |
|
Meigs |
1.0018 |
|
Mercer |
1.0199 |
|
Miami |
1.0415 |
|
Monroe |
1.0097 |
|
Montgomery |
1.0476 |
|
Morgan |
1.0128 |
|
Morrow |
1.0276 |
|
Muskingum |
1.0145 |
|
Noble |
1.0103 |
|
Ottawa |
1.0468 |
|
Paulding |
1.0140 |
|
Perry |
1.0154 |
|
Pickaway |
1.0326 |
|
Pike |
1.0094 |
|
Portage |
1.0516 |
|
Preble |
1.0476 |
|
Putnam |
1.0243 |
|
Richland |
1.0213 |
|
Ross |
1.0085 |
|
Sandusky |
1.0307 |
|
Scioto |
1.0029 |
|
Seneca |
1.0223 |
|
Shelby |
1.0263 |
|
Stark |
1.0300 |
|
Summit |
1.0598 |
|
Trumbull |
1.0381 |
|
Tuscarawas |
1.0097 |
|
Union |
1.0446 |
|
Van Wert |
1.0133 |
|
Vinton |
1.0070 |
|
Warren |
1.0659 |
|
Washington |
1.0075 |
|
Wayne |
1.0404 |
|
Williams |
1.0284 |
|
Wood |
1.0382 |
|
Wyandot |
1.0188 |
(O)
"Tax exempt value" of a school district means the
amount
certified for a school district under division (A)(4) of
section
3317.021 of the Revised Code.
(P)
"Potential value" of a school district means the
recognized valuation of a school district plus
the tax
exempt
value
of
the district.
(Q)
"District median income" means the median Ohio
adjusted
gross income certified for a school district. On or before the
first
day of July of each year, the tax commissioner shall certify
to the
department of education for each city, exempted village,
and local school
district the median Ohio adjusted gross income of
the residents of
the school district determined on the basis of
tax returns filed for the
second preceding tax year by the
residents of the district.
(R)
"Statewide median income" means the median district
median
income of all city, exempted village, and local school
districts in the state.
(S)
"Income factor" for a city, exempted village, or local
school
district means the quotient obtained by dividing that
district's median income
by the statewide median income.
(T)
"Medically fragile
child" means a child to whom all of
the following apply:
(1) The child requires the services of a doctor of medicine
or osteopathic medicine at least once a week due to the
instability of the child's medical condition.
(2) The child requires the services of a registered nurse
on
a daily basis.
(3) The child is at risk of institutionalization in a
hospital, skilled nursing facility, or intermediate care facility
for the mentally retarded.
(U) A child may be identified as "other health
handicapped-major" if the child's condition meets the definition
of "other health impaired" established in rules adopted by the
state board of education prior to
the effective date of this
amendment
July 1, 2001, and if either of the following apply:
(1) The child is identified as having a medical condition
that is among those listed by the superintendent of public
instruction as conditions where a substantial majority of cases
fall within the definition of "medically fragile child." The
superintendent of public instruction shall issue an initial list
no later than September 1, 2001.
(2) The child is determined by the superintendent of public
instruction to be a medically fragile child. A school district
superintendent may petition the superintendent of public
instruction for a determination that a child is a medically
fragile child.
(V) A child may be identified as "other health
handicapped-minor" if the child's condition meets the definition
of "other health impaired" established in rules adopted by the
state board of education prior to
the effective date of this
amendment
July 1, 2001, but the child's condition does not meet
either of the
conditions specified in division (U)(1) or (2) of
this section.
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)]average daily attendance) -(.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 monthly 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)average daily attendanceThe 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, 2004, and 2005;
(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, 2004, and 2005.
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, 2004, and 2005.
(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 2004 and 2003 2005.
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 thousand
six hundred
fifty-eight dollars
in
fiscal
year
2003,
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. 3317.0213. 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 monthly
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 average daily attendance; 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 average daily attendance.
(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, 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 average daily attendance;
(2) The product of its per pupil alternative parity aid
calculated under division (D) of this section times its formula
ADM average daily attendance.
(F) Pay every other district the product of its per pupil
parity aid calculated under division (C) of this section times its
formula ADM average daily attendance.
Every six years, the general assembly shall redetermine,
after considering the report of the committee appointed under
section 3317.012 of the Revised Code, the average number of
effective operating mills that districts in the seventieth to
ninetieth percentiles of valuations per pupil collect above the
revenues required to finance their attributed local shares of the
cost of an adequate education.
Sec. 3317.03. Notwithstanding divisions
(A)(1), (B)(1), and
(C) of this section, any
student enrolled in kindergarten more
than half time shall be reported as
one-half student under this
section.
(A) The superintendent of each city and exempted
village
school district and of each educational service center shall,
for
the schools under the superintendent's supervision,
certify to the
state board of
education on or before the fifteenth day of October
in each year for
the first full school week in October the formula
ADM,
which shall consist of the average daily membership during
such week of the
sum of the following:
(1) On an FTE basis, the number of
students in grades
kindergarten through twelve receiving any educational
services
from the district,
except that the following categories of
students shall not be
included in the determination:
(a) Students enrolled in adult education classes;
(b) Adjacent or other district students enrolled in the
district under an open enrollment policy pursuant to section
3313.98 of the Revised Code;
(c) Students receiving services in the district pursuant to
a compact,
cooperative education agreement, or a contract, but who
are entitled to attend
school in another district pursuant to
section 3313.64 or 3313.65 of the
Revised Code;
(d) Students for whom tuition is
payable pursuant to
sections 3317.081 and 3323.141 of the
Revised Code.
(2) On an FTE basis, the number of
students entitled to
attend school in the district pursuant to
section 3313.64 or
3313.65 of the
Revised Code, but receiving educational
services in
grades kindergarten through twelve from one or more of the
following entities:
(a) A community school pursuant to Chapter
3314. of the
Revised Code, including any participation in a college
pursuant to
Chapter 3365. of the Revised Code while enrolled in such community
school;
(b) An alternative school pursuant to sections 3313.974 to
3313.979 of the Revised Code as described in division
(I)(2)(a) or
(b) of this section;
(c) A college pursuant to Chapter 3365. of the Revised Code,
except
when the student is enrolled in the college while also
enrolled in a community
school pursuant to Chapter 3314. of the
Revised Code;
(d) An adjacent or other
school district under an open
enrollment policy adopted pursuant
to section 3313.98 of the
Revised Code;
(e) An educational service
center or cooperative education
district;
(f) Another school district
under a cooperative education
agreement, compact, or contract.
(3) One-fourth of the number of students enrolled in a joint
vocational school district or under a vocational education
compact,
excluding any students
entitled to attend school in the
district under section 3313.64 or
3313.65 of the Revised Code who
are enrolled in another
school district through an open enrollment
policy as reported under
division (A)(2)(d) of this section and
then enroll in
a joint vocational school district or under a
vocational education
compact;
(4) The number of handicapped children, other than
handicapped preschool children, entitled to attend school in the
district pursuant to section 3313.64 or 3313.65 of the
Revised
Code who are placed with a
county MR/DD board, minus the
number of
such children placed with a county
MR/DD board in fiscal year
1998. If this calculation produces a negative number, the
number
reported under division
(A)(4) of this section shall be
zero.
(B) To enable the
department of education to obtain the data
needed to complete
the calculation of payments pursuant to this
chapter, in
addition to the formula ADM, each
superintendent shall
report separately the following student
counts:
(1) The total average daily membership in regular day
classes included in the report under division (A)(1) or (2) of
this
section for kindergarten, and each of grades one through
twelve in
schools under the
superintendent's supervision;
(2) The number of all handicapped
preschool
children
enrolled as of the first day of
December in classes in the
district that are eligible for approval by the state board of
education
under division (B) of section 3317.05 of the Revised
Code
and the number of those classes, which shall be reported not
later than the
fifteenth day of December, in accordance with rules
adopted under
that section;
(3) The number of children entitled to attend school in
the
district pursuant to section 3313.64 or 3313.65 of the
Revised
Code who are participating in a
pilot project scholarship program
established under sections
3313.974 to 3313.979 of the Revised
Code as described in division
(I)(2)(a) or (b) of this section,
are enrolled in a college under Chapter
3365. of the Revised Code,
except when the
student is enrolled in the college while also
enrolled in a community school
pursuant to Chapter 3314. of the
Revised Code, are enrolled in an adjacent or
other school district
under section 3313.98 of the Revised Code,
are enrolled in a
community school
established under Chapter 3314.
of the Revised
Code, including any participation in a college
pursuant to Chapter
3365. of the Revised Code while enrolled in such community
school,
or are participating in a
program operated by a county MR/DD board
or a state
institution;
(4) The number of pupils enrolled in joint vocational
schools;
(5) The average daily membership of
handicapped children
reported under division (A)(1) or (2) of this
section receiving
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 payments under
section 3317.022 or 3317.16 of
the Revised
Code that are based on formula ADM and not on average daily attendance. 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. 3317.034. 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, exempted village, local, and joint vocational school district shall, for the schools under the superintendent's supervision, certify to the state board of education on or before the fifteenth day of each month from October through June, the average daily attendance for the previous month, which shall consist of the average daily attendance during that month of the sum of the following:
(1) On an FTE basis, the number of students in attendance in each of grades kindergarten through twelve, except that the following categories of students shall not be included in the determination:
(a) Adjacent or other district students enrolled in the district under an open enrollment policy pursuant to section 3313.98 of the Revised Code;
(b) 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;
(b) An alternative school pursuant to sections 3313.974 to 3313.979 of the Revised Code as described in division (H)(2)(a) or (b) of this section;
(c) A college pursuant to Chapter 3365. 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.
(3) 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)(3) of this section shall be zero.
(B) A student enrolled in a community school established under Chapter 3314. of the Revised Code shall be counted in the average daily attendance 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 each month that the student is counted in the enrollment of the community school for purposes of section 3314.08 of the Revised Code.
(C) No child shall be counted as more than a total of one child in the average daily attendance of a school district.
(1) A child with a handicap described in section 3317.013 of the Revised Code may be counted both in average daily attendance 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 average daily attendance.
(2) A child enrolled in vocational education programs or classes described in section 3317.014 of the Revised Code may be counted both in average daily attendance and category one or two vocational education ADM and, if applicable, in category one, two, three, four, five, or six special education ADM.
(D) The average daily attendance figure of any city, local, exempted village, or joint vocational school district shall not include any pupils except those pupils described by division (A) of this section. There shall not be included in the attendance of any school district any of the following:
(1) Any pupil who has graduated from 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, unless 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.
(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 re-enrollment 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 (D)(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 attendance.
(E) The average daily attendance of each city, exempted village, local, and joint vocational school district shall be determined by dividing the sum of the number of pupils on an FTE basis attending any part of a day the school of attendance is actually open for instruction during the prior month by the total number of days the school was actually open for instruction for any part of a day during that month. For this purpose, "attending" persons are only those pupils who are attending school, attending a school-sponsored field trip, serving an in-school suspension, or receiving educational services from the school district while expelled or serving an out-of-school suspension, and those handicapped children receiving home instruction. "Attending" persons do not include students absent with or without excuse.
(F) The superintendent of each county MR/DD board that maintains special education classes under section 3317.20 of the Revised Code shall certify to the state board, in the manner prescribed by the state board, the average daily attendance in classes under section 3317.20 of the Revised Code for each school district that has placed children in the classes.
(G) 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 attendance shall not be included in that district's average daily attendance. The reporting official shall report separately the average daily attendance of all pupils whose attendance in the district is unauthorized attendance, and the attendance 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.
(H)(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 attendance.
(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 attendance:
(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.
(I) 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 average daily attendance 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. 3317.04. The amount paid to school districts in each
fiscal year under Chapter 3317. of the Revised Code shall not be
less than the following:
(A) In the case of a district created under section
3311.26 or 3311.37 of the Revised Code, the amount paid shall not
be less, in any of the three succeeding fiscal years following
the creation, than the sum of the amounts allocated under Chapter
3317. of the Revised Code to the districts separately in the year
of the creation.
(B) In the case of a school district which is transferred
to another school district or districts, pursuant to section
3311.22, 3311.231, or 3311.38 of the Revised Code, the amount
paid to the district accepting the transferred territory shall
not be less, in any of the three succeeding fiscal years
following the transfer, than the sum of the amounts allocated
under Chapter 3317. of the Revised Code to the districts
separately in the year of the consummation of the transfer.
(C) In the case of any school district, the amount paid
under Chapter 3317. of the Revised Code to the district in the
fiscal year of distribution shall not be less than that paid
under such chapter in the preceding fiscal year, if in the
calendar year ending the thirty-first day of December preceding
the fiscal year of distribution, the county auditor of the county
to which the district has been assigned by the department of
education for administrative purposes has completed reassessment
of all real estate within his county, or the tax duplicate
of that county was increased by the application of a uniform taxable
value per cent of true value pursuant to a rule or order of the
tax commissioner and the revised valuations were entered on the
tax list and duplicate. Notwithstanding sections 3311.22,
3311.231, 3311.26, 3311.37, and 3311.38 of the Revised Code, this
minimum guarantee is applicable only during the fiscal year
immediately following the reassessment or application.
(D) In the case of any school district that has territory
in three or more counties, each of which contains at least twenty
per cent of the district's territory, the amount paid under
Chapter 3317. of the Revised Code to the district in the fiscal
year of distribution shall not be less than that paid under such
chapter in the preceding fiscal year, if in the calendar year
ending the thirty-first day of December preceding the fiscal year
of distribution, the county auditor of any such county completed
reassessment of all real estate within his the county, or the
tax duplicate of any such county was increased by the application of a uniform
taxable value per cent of true value pursuant to a rule
or order of the tax commissioner and the revised valuations were
entered on the tax list and duplicate. Notwithstanding sections
3311.22, 3311.231, 3311.26, 3311.37, and 3311.38 of the Revised
Code, this minimum guarantee is applicable only during the fiscal
year immediately following the reassessment or application.
Notwithstanding sections 3311.22, 3311.231, 3311.26,
3311.37, and 3311.38 of the Revised Code, the minimum guarantees
prescribed by divisions (A) and (B) of this section shall not
affect the amount of aid received by a school district for more
than three consecutive years.
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. 3317.081. (A) Tuition shall be computed in accordance with this section
if:
(1) The tuition is required by division (C)(3)(b) of section 3313.64 of the
Revised Code; or
(2) Neither the child nor the child's parent resides in
this state and tuition is
required by section 3327.06 of the Revised Code.
(B) Tuition computed in accordance with this section shall equal the
attendance district's tuition rate computed under section 3317.08 of the
Revised Code plus the amount that district
would have received for the child pursuant to
sections 3317.022, 3317.023, and 3317.025 to
3317.0213 of the Revised Code during the school year had the attendance
district been authorized to
count the child in its formula ADM and average daily attendance for that school year under
section sections 3317.03 and 3317.034 of the Revised Code.
Sec. 3317.09. All moneys distributed to a school district,
including any cooperative education or joint vocational
school district and all moneys distributed to any educational service
center, by the state whether from a state or federal
source, shall be accounted for by the division of school finance
of the department of education. All moneys distributed shall be
coded as to county, school district or educational service center,
source, and other pertinent
information, and at the end of each month, a report of such
distribution shall be made by such division of school finance to
the clerk of the senate and the chief
administrative officer of the house
of representatives, to the Ohio legislative service commission to
be available for examination by any member of either house, to
each school district and educational service center, and to the
governor.
On or before the first day of September in each year, a
copy of the annual statistical report required in sections section
3319.33 and 3319.34 of the Revised Code shall be filed by the
state board of education with the clerk of the senate and the
chief administrative officer of the house of
representatives, the Ohio
legislative service commission, the governor, and the auditor of
state. The report shall contain an analysis for the prior fiscal
year on an accrual basis of revenue receipts from all sources and
expenditures for all purposes for each school district and each educational
service center, including
each joint vocational and cooperative education school district,
in the state. If any board of education or any educational service center
governing board fails to make the report
required in sections section 3319.33 and 3319.34 of the Revised Code, the
superintendent of public instruction shall be without authority
to distribute funds to that school district or educational service
center pursuant to sections 3317.022 to 3317.0212,
3317.11, 3317.16, 3317.17, or 3317.19 of the
Revised Code until such time as the required reports are filed
with all specified officers, boards, or agencies.
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) As used in this section:
(1) "Client school district" means a city or exempted village school district that has entered into an agreement under section 3313.843 of the Revised Code to receive any services from an educational service center.
(2) "Service center ADM" means the sum of the total student counts of all local school districts within an educational service center's territory and all of the service center's client school districts.
(3) "Total student count" has the same meaning as in section 3301.011 of the Revised Code.
(B)(1) The governing board of each educational service center shall provide supervisory services to each local school district within the service center's territory. Each city or exempted village school district that enters into an agreement under section 3313.843 of the Revised Code for a governing board to provide any services also is considered to be provided supervisory services by the governing board. Except as provided in division (B)(2) of this section, the supervisory services shall not exceed one supervisory teacher for the first fifty classroom teachers required to be employed in the districts, as calculated under section 3317.023 of the Revised Code, and one for each additional one hundred required classroom teachers, as so calculated.
The supervisory services shall be financed annually through supervisory units. Except as provided in division (B)(2) of this section, the number of supervisory units assigned to each district shall not exceed one unit for the first fifty classroom teachers required to be employed in the district, as calculated under section 3317.023 of the Revised Code, and one for each additional one hundred required classroom teachers, as so calculated. The cost of each supervisory unit shall be the sum of:
(a) The minimum salary prescribed by section 3317.13 of the Revised Code for the licensed supervisory employee of the governing board;
(b) An amount equal to fifteen per cent of the salary prescribed by section 3317.13 of the Revised Code;
(c) An allowance for necessary travel expenses, limited to the lesser of two hundred twenty-three dollars and sixteen cents per month or two thousand six hundred seventy-eight dollars per year.
(2) If a majority of the boards of education, or superintendents acting on behalf of the boards, of the local and client school districts receiving services from the educational service center agree to receive additional supervisory services and to pay the cost of a corresponding number of supervisory units in excess of the services and units specified in division (B)(1) of this section, the service center shall provide the additional services as agreed to by the majority of districts to, and the department of education shall apportion the cost of the corresponding number of additional supervisory units pursuant to division (B)(3) of this section among, all of the service center's local and client school districts.
(3) The department shall apportion the total cost for all supervisory units among the service center's local and client school districts based on each district's total student count. The department shall deduct each district's apportioned share pursuant to division (E) of section 3317.023 of the Revised Code and pay the apportioned share to the service center.
(C) The department annually shall deduct from each local and client school district of each educational service center, pursuant to division (E) of section 3317.023 of the Revised Code, and pay to the service center an amount equal to six dollars and fifty cents times the school district's total student count. The board of education, or the superintendent acting on behalf of the board, of any local or client school district may agree to pay an amount in excess of six dollars and fifty cents per student in total student count. If a majority of the boards of education, or superintendents acting on behalf of the boards, of the local school districts within a service center's territory approve an amount in excess of six dollars and fifty cents per student in total student count, the department shall deduct the approved excess per student amount from all of the local school districts within the service center's territory and pay the excess amount to the service center.
(D) 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 contract, compact, or agreement clearly indicating the amounts of the payments, or a written statement that clearly indicates the payments owed and is signed by the superintendent or treasurer of the responsible school district. The amounts paid to service centers under this division shall be deducted from payments to school districts pursuant to division (K)(3) of section 3317.023 of the Revised Code.
(E) Each school district's deduction under this section and divisions (E) and (K)(3) of section 3317.023 of the Revised Code shall be made from the total payment computed for the district under this chapter, after making any other adjustments in that payment required by law.
(F)(1) Except as provided in division (F)(2) of this section, the department annually shall pay the governing board of each educational service center state funds equal to thirty-seven dollars times its service center ADM.
(2) The department annually shall pay state funds equal to forty dollars and fifty-two cents times the service center ADM to each educational service center comprising territory that 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 under section 3311.053 of the Revised Code to form the present center.
(G) 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 career-technical education from the educational service center, unless these educational services are provided pursuant to a contract, compact, or agreement for which the department deducts and transfers payments under division (D) of this section and division (K)(3) of section 3317.023 of the Revised Code.
(H) An educational service center:
(1) May provide special education and career-technical education to students in its local or client school districts;
(2) Is eligible for transportation funding under division (J) of section 3317.024 of the Revised Code and for state subsidies for the purchase of school buses under section 3317.07 of the Revised Code;
(3) May apply for and receive gifted education units and provide gifted education services to students in its local or client school districts;
(4) May conduct driver education for high school students in accordance with Chapter 4508. of the Revised Code.
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 ADMaverage daily attendanceThe 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 ADMaverage daily attendance) -(.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, 2004, and 2005.
(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. 3318.34. The Ohio school facilities commission shall not release any state funds to a school district for a project under this chapter until the school district has complied with division (G) of section 3313.41 of the Revised Code.
Sec. 3318.37. (A) As used in this section:
(1) "Low wealth school district" means a school district in
the
first through fiftieth percentiles as determined under section
3318.011 of the Revised Code.
(2) A "school district with an exceptional need for
immediate classroom
facilities assistance" means a low wealth
school district with an exceptional
need for new
facilities in
order to protect the health and safety of all or a portion of
its
students. School districts reasonably expected to be
eligible for
state assistance under sections 3318.01 to 3318.20 of the Revised
Code
within three fiscal years after assistance under this section
is
being considered by the Ohio school facilities commission, and
school
districts that participate in the school building
assistance expedited
local partnership program under section
3318.36 of the Revised
Code
shall not be eligible for assistance
under this
section.
(B)(1) There is hereby established the exceptional needs
school
facilities assistance program. Under the program, the Ohio
school facilities commission may set aside funds from the moneys
annually
appropriated to it for
classroom facilities assistance
projects up to twenty-five per cent for
assistance to school
districts with
exceptional needs for immediate classroom
facilities assistance.
(2)(a) After consulting with education and construction
experts,
the
commission shall adopt guidelines for identifying
school districts
with an exceptional need for
immediate classroom
facilities assistance.
(b) The guidelines shall include application forms and
instructions for
school districts that believe they have an
exceptional need for immediate
classroom facilities assistance.
(3) The commission shall evaluate the classroom facilities,
and the need for replacement classroom facilities from the
applications
received under this section. The commission,
utilizing the
guidelines adopted under division (B)(2)(a) of this
section,
shall
prioritize the school districts to be assessed.
Notwithstanding section 3318.02 of the Revised Code, the
commission may conduct on-site evaluation of the school
districts
prioritized under this section and approve and award funds until
such
time as all funds set aside under division (B)(1) of this
section
have
been encumbered under section 3318.04 of the Revised
Code.
(4) Notwithstanding division (A) of section 3318.05
of the
Revised Code,
the school district's
portion of the basic project
cost
under this section shall be the "required percentage of the
basic project costs," as defined in division (K) of section
3318.01
of the Revised Code.
(5) Except as otherwise specified in this section, any
project
undertaken with assistance under this section shall comply
with all
provisions of sections 3318.01 to 3318.20 of the Revised
Code. A
school district may receive assistance under sections
3318.01
to 3318.20 of the Revised Code for the remainder of the
district's classroom facilities needs as assessed under this
section when the
district is eligible for such assistance
pursuant
to section 3318.02 of the Revised Code, but any
classroom facility
constructed with assistance under this section shall not be
included in a district's project at that time unless the
commission determines
the district has experienced the increased
enrollment specified in division
(B)(1) of section 3318.04 of the
Revised Code.
Sec. 3319.01. Except in an island school district, where
the superintendent of an educational service center otherwise may serve as
superintendent of the district and except as otherwise provided for any
cooperative education school district pursuant to division (B)(2)
of section 3311.52 or division (B)(3) of section 3311.521 of the
Revised Code, the board of education in each school district
and the governing board of each service center shall, at a regular or special
meeting held not later than the first day of May of the calendar year in which
the term of the superintendent expires, appoint a person possessed of the
qualifications provided in this section to act as superintendent, for a term
not longer than five years beginning the first day of August and ending on the
thirty-first day of July. Such superintendent is, at the
expiration of a current term of employment, deemed reemployed
for a term of one year at the same salary plus any increments
that may be authorized by the board, unless such
board, on or before the first day of March of the year in which
the contract of employment expires, either reemploys the
superintendent for a succeeding term as provided in this section
or gives to the superintendent written notice of its intention not
to reemploy the superintendent. A superintendent may not be
transferred to any other position during the term of the superintendent's
employment or reemployment except by mutual agreement by the superintendent
and the board. If a vacancy occurs in the office of superintendent, the board
shall appoint a superintendent for a term not to exceed five years from the
next preceding first day of August.
Except as otherwise provided in this section, the
employment or reemployment of a superintendent of a local school
district shall be only upon the recommendation of the service center
superintendent, except that a local board of education, by a
three-fourths vote of its full membership, may, after considering
two nominations for the position of local superintendent made by
the service center superintendent, employ or reemploy a person
not so nominated for such position.
A board may at any regular or special meeting
held during the period beginning on the first day of January of
the calendar year immediately preceding the year the contract of
employment of a superintendent expires and ending on the first
day of March of the year it expires, reemploy such superintendent
for a succeeding term for not longer than five years, beginning
on the first day of August immediately following the expiration
of the superintendent's current term of employment and
ending on the thirty-first day of July of the year in which such succeeding
term expires. No person shall be appointed to the office of superintendent of
a city, or exempted village school district or a service center who does not
hold a license designated for being a superintendent issued under section
3319.22 of the
Revised Code, unless such person had been employed as a county, city, or
exempted village superintendent prior to August 1, 1939. No person shall be
appointed to the office of local superintendent who does not
hold a license designated for being a superintendent issued under section
3319.22 of the Revised Code, unless such person held or was
qualified to hold the position of executive head of a local
school district on September 16, 1957. At the time of making
such appointment or designation of term, such board shall fix the
compensation of the superintendent, which may be increased or
decreased during such term, provided such decrease is a part of a
uniform plan affecting salaries of all employees of the district,
and shall execute a written contract of employment with such
superintendent.
Each board shall adopt procedures for the
evaluation of its superintendent and shall evaluate its
superintendent in accordance with those procedures. An
evaluation based upon such procedures shall be considered by the
board in deciding whether to renew the superintendent's contract. The
establishment of an evaluation procedure shall not create an
expectancy of continued employment. Nothing in this section
shall prevent a board from making the final
determination regarding the renewal or failure to renew of a
superintendent's contract.
Termination of a superintendent's contract shall be
pursuant to section 3319.16 of the Revised Code.
A board may establish vacation leave for its
superintendent. Upon the superintendent's separation from
employment a board that has such leave may provide compensation at the
superintendent's current rate of pay for all lawfully accrued and unused
vacation leave to the superintendent's
credit at the time of
separation, not to exceed the amount accrued within three years
before the date of separation. In case of the death of a
superintendent, such unused vacation leave as the board would
have paid to this superintendent upon separation shall be
paid in accordance with section 2113.04 of the Revised Code, or
to the superintendent's estate.
The superintendent shall be the executive officer for the board. Except as
otherwise provided in this section for local school districts, the The
superintendent shall direct and assign teachers and other employees of the
district or service center, except as provided in
section 3319.04 of the Revised Code; assign the pupils to the proper schools
and grades, provided that the
assignment of a pupil to a school outside of the pupil's district of residence
is approved by the board of the district of residence of such pupil;
and perform such other duties as the board determines. The
service center superintendent shall exercise the responsibilities of this
section with regard to the assignment of pupils and teachers for
local school districts under the supervision of the service center,
except that the board of education of a local school district and the
governing board of the educational service center of which the
local district is
a part may enter into an agreement requiring the local superintendent, instead
of the superintendent of the educational service center,
to exercise the responsibilities of this section with regard to the assignment
of pupils and teachers for the local school district.
The board of education of any school district may contract with the governing board of the educational service center from which it otherwise receives services to conduct searches and recruitment of candidates for the superintendent position authorized under this section.
Sec. 3319.02. (A)(1) As used in this section, "other
administrator" means either any of the following:
(a) Except as provided in division (A)(2) of this section, any employee in a
position for which a board
of education requires a license designated by rule of the department of
education for being an
administrator issued under section 3319.22 of the
Revised Code, including a professional pupil services employee or
administrative specialist or an equivalent of either one who is not employed
as a school counselor and spends less than fifty per cent of the time employed
teaching or working with students;
(b) Any nonlicensed employee whose
job duties enable such
employee to be considered as either a "supervisor" or a "management level
employee," as defined in section 4117.01 of the Revised Code;
(c) A business manager appointed under section 3319.03 of the Revised Code.
(2) As used in this section, "other administrator" does not include a
superintendent, assistant superintendent, principal, or assistant principal.
(B) The board of education of each school district and the governing board
of an educational service center may
appoint one or more assistant superintendents and such other
administrators as are necessary. An assistant educational
service center superintendent or service center
supervisor employed on a part-time basis
may also be employed by a local board as a teacher. The board of
each city, exempted village, and local school district shall
employ principals for all high schools and for such other schools
as the board designates, and those boards may appoint assistant
principals for any school that they designate.
(C) In educational service centers and in city and,
exempted village, and local school districts,
assistant superintendents, principals, assistant principals, and
other administrators shall only be employed or reemployed in
accordance with nominations of the superintendent, except that a city
or exempted village board of education of a school district or the governing board of a
service center, by a three-fourths vote of its full membership, may
reemploy any
assistant superintendent, principal, assistant principal, or
other administrator whom the superintendent refuses to nominate. In local
school
districts, assistant superintendents, principals, assistant
principals, and other administrators shall only be employed or
reemployed in accordance with nominations of the superintendent
of the service center of which the local district is
a part, except that a local board of education, by a
three-fourths
vote of its full membership, may reemploy any assistant superintendent,
principal,
assistant principal, or other administrator whom such
superintendent refuses to nominate.
The board of education or governing board shall execute a written
contract of
employment with each assistant superintendent, principal,
assistant principal, and other administrator it employs or
reemploys. The term of such contract shall not exceed three
years except that in the case of a person who has been employed
as an assistant superintendent, principal,
assistant principal, or other administrator in the district or center
for three years or more, the term of the contract shall be for not more than
five years and, unless the superintendent of the district recommends
otherwise, not less than two years. If the superintendent so
recommends, the term of the contract of a person who has been
employed by the district or service center as an
assistant superintendent,
principal, assistant principal, or other administrator for three
years or more may be one year, but all subsequent contracts
granted such person shall be for a term of not less than two
years and not more than five years. When a teacher with
continuing service status becomes an assistant superintendent,
principal, assistant principal, or other administrator with the
district or service center with which the teacher holds
continuing service status, the teacher
retains such status in the teacher's nonadministrative
position as provided
in sections 3319.08 and 3319.09 of the Revised Code.
A board of education or governing board may reemploy an assistant
superintendent, principal, assistant principal, or other
administrator at any regular or special meeting held during the
period beginning on the first day of January of the calendar year
immediately preceding the year of expiration of the employment
contract and ending on the last day of March of the year the
employment contract expires.
Except by mutual agreement of the parties thereto, no
assistant superintendent, principal, assistant principal, or
other administrator shall be transferred during the life of
a contract to a position of lesser responsibility. No contract may
be terminated by a board except
pursuant to section 3319.16 of the Revised Code. No
contract may be suspended except pursuant to section 3319.17 or 3319.171
of the Revised Code. The
salaries and compensation prescribed by such contracts shall not
be reduced by a board unless such reduction is a
part of a uniform plan affecting the entire district or center. The
contract shall specify the employee's administrative position and
duties as included in the job description adopted under division
(D) of this section, the salary and other compensation to be paid
for
performance of duties, the number of days to be worked, the
number of days of vacation leave, if any, and any paid holidays
in the contractual year.
An assistant superintendent, principal, assistant
principal, or other administrator is, at the expiration of
the current term of employment, deemed reemployed at the same salary
plus any increments that may be authorized by the board,
unless such employee notifies the board in writing to the
contrary on or before the first day of June, or unless such
board, on or before the last day of March of the year in which
the contract of employment expires, either reemploys
such employee for a
succeeding term or gives written notice of its intention not
to reemploy the employee. The term of reemployment of a
person reemployed
under this paragraph shall be one year, except that if such
person has been employed by the school district or service center as an
assistant superintendent, principal, assistant principal, or other
administrator for three years or more, the term of reemployment
shall be two years.
(D)(1) Each board shall adopt procedures for the
evaluation of all assistant superintendents, principals,
assistant principals, and other administrators and shall evaluate
such employees in accordance with those procedures. The
evaluation based upon such procedures shall be considered by the
board in deciding whether
to renew the contract of employment of
an assistant superintendent, principal, assistant principal, or
other administrator.
(2) The evaluation shall measure each assistant
superintendent's, principal's, assistant principal's, and other
administrator's effectiveness in performing the duties included
in the job description and the evaluation procedures shall
provide for, but not be limited to, the following:
(a) Each assistant superintendent, principal, assistant
principal, and other administrator shall be evaluated annually
through a written evaluation process.
(b) The evaluation shall be conducted by the
superintendent or designee.
(c) In order to provide time to show progress in
correcting the deficiencies identified in the evaluation
process,
the evaluation process shall be
completed as
follows:
(i) In any school year that the employee's contract of
employment is not due to expire, at least one evaluation shall be
completed in that year. A
written copy of the evaluation shall be provided to the
employee no later than the end of the employee's
contract year as defined by the employee's annual salary notice.
(ii) In any school year that the employee's contract of
employment is due to expire, at least a preliminary evaluation and at least a
final evaluation shall be completed in that year.
A written copy of the
preliminary evaluation shall be
provided to the
employee at least sixty days prior to any action by the board on
the employee's contract of employment.
The final evaluation shall
indicate the superintendent's
intended recommendation to the board regarding a contract of employment for
the employee. A written copy of the evaluation
shall be provided to the employee at least five days prior to the
board's acting to renew or not renew the contract.
(3) Termination of an assistant superintendent,
principal, assistant principal, or other administrator's contract
shall be pursuant to section 3319.16 of the Revised
Code. Suspension of any such employee shall be pursuant to section 3319.17
or 3319.171 of the Revised Code.
(4) Before taking action to renew or nonrenew the contract of
an assistant superintendent, principal, assistant principal, or
other administrator under this section and prior to the last day
of March of the year in which such employee's contract expires,
the board shall notify each such employee of the
date that the contract expires and that the employee may request a meeting
with the board. Upon request by such an employee, the board
shall grant the employee a meeting in executive session.
In that meeting, the board shall
discuss its reasons for considering renewal or nonrenewal of
the contract.
The employee shall be permitted to have a representative,
chosen by the employee, present at the meeting.
(5) The establishment of an evaluation procedure shall not create an
expectancy of continued employment. Nothing in division (D) of this
section shall prevent a
board from
making the final determination regarding the renewal or nonrenewal of
the contract of any assistant superintendent,
principal, assistant principal, or other administrator. However, if a
board fails to provide evaluations pursuant to division
(D)(2)(c)(i) or (ii) of this
section,
or if the
board fails to provide at the request of the employee a meeting
as prescribed in division (D)(4) of this section, the employee
automatically shall be reemployed at the same salary plus any
increments that may be authorized by the board for a period of
one year, except that if the employee has been
employed by the district or service center as an
assistant superintendent, principal, assistant principal, or
other administrator for three years or
more, the period of reemployment shall be for two years.
(E) On nomination of the superintendent of a
service center a governing board may employ supervisors who shall be
employed under written contracts of employment for terms not to
exceed five years each. Such contracts may be terminated by a
governing board pursuant to section 3319.16 of the
Revised Code. Any supervisor employed pursuant to this division
may terminate the contract of employment at the end of any
school year after giving the board at least thirty
days' written notice prior to such termination. On the
recommendation of the superintendent the
contract or contracts of any supervisor employed pursuant to this
division may be suspended for the remainder of the term of any
such contract pursuant to section 3319.17 or
3319.171 of the Revised Code.
(F) A board may establish vacation leave for
any individuals employed under this section. Upon such an
individual's separation from employment, a board that has such
leave may compensate such an individual at the individual's
current rate of
pay for all lawfully accrued and unused vacation leave credited at the
time of separation, not to exceed the amount
accrued within three years before the date of separation. In
case of the death of an individual employed under this section,
such unused vacation leave as the board would have paid to the
individual upon separation under this section shall be paid in
accordance with section 2113.04 of the Revised Code, or to
the estate.
(G) The board of education of any school district may contract with the governing board of the educational service center from which it otherwise receives services to conduct searches and recruitment of candidates for assistant superintendent, principal, assistant principal, and other administrator positions authorized under this section.
Sec. 3319.03. The board of education of each city,
exempted
village, and local school district may create the
position of
business manager. The board shall
elect
appoint such
business
manager who shall serve
for a term not to exceed four
years unless
earlier removed for cause
pursuant to a contract in accordance
with section 3319.02 of the Revised Code.
A vacancy in this office
shall be filled only for the unexpired term thereof. In the
discharge of all
his
official duties, the business manager may
be
directly responsible to the board, or to the superintendent of
schools, as
the board directs at the time of
election
appointment
to the position. Where such
business manager is responsible to
the superintendent
he
the
business manager shall be appointed by
the superintendent and confirmed by
the board.
No board of education shall
elect
appoint or confirm as
business
manager any person who does not hold a valid business
manager's
license issued under section 3301.074 of the Revised
Code. If
the business manager fails to maintain a valid license,
he
the
business manager shall
be removed by the board.
Sec. 3319.07.
(A) The board of education of each city,
exempted village,
and local, and joint vocational school district
shall employ the
teachers of the public schools of their
respective districts.
The governing board of each educational service center may
employ special instruction teachers, special education teachers,
and teachers of academic courses in which there are too few
students in each of the constituent local school districts or in
city or exempted village school districts entering into
agreements
pursuant to section 3313.843 of the Revised Code to
warrant each
district's employing teachers for those courses.
When any board makes appointments of teachers,
the teachers
in the employ of the board shall be considered
before new teachers
are chosen in their stead. In
city, exempted
village, and joint
vocational
all school districts and in service centers no
teacher
shall be employed unless such person is nominated by the
superintendent of such district or center. Such board, by a
three-fourths
vote of its full membership, may re-employ any
teacher whom the superintendent
refuses to appoint.
In local
school districts, no teacher shall be employed,
except as provided
in division (B) of this section, unless nominated by the
superintendent of the service center of which such local school
district is a
part; by a majority vote of the full membership of
such board, the board of
education of any local
school district
may, after considering two nominations for any position made
by
the service center superintendent, reemploy a person not so
nominated for
such position.
(B) The board of education of a local any school district and
the
board of education of the county school
district of which the
local district is
a part may enter into an agreement authorizing
the superintendent of the local
district, in lieu of the
superintendent of the county district, to make nominations under
this section for
the employment of teachers in the local district.
While such an agreement is
in effect the board of education of the
local district shall not employ any
teacher unless the person is
nominated by the superintendent of the district
except that, by a
three-fourths vote of its full membership, it may re-employ
any
teacher whom the superintendent refuses to nominate may contract with the governing board of the educational service center from which it otherwise receives services to conduct searches and recruitment of candidates for teacher positions.
Sec. 3319.19. (A)
Except as provided in division (D) of
this section or division (A)(2) of section 3313.37 of the Revised
Code, upon request, the board of county commissioners
shall
provide and equip offices in the county for the use of the
superintendent of an educational service center, and shall
provide
heat, light, water,
and janitorial services for such offices.
Such
offices shall be
the permanent headquarters of the
superintendent
and shall be
used by the governing board of the
service center
when it is in session.
Except as provided in
division (B) of this
section, such offices
shall be located in the
county seat or, upon
the approval of the
governing board, may be
located outside of the
county seat.
(B) In the case of a service center formed under section
3311.053 of the Revised Code, the governing board shall
designate
the site of its offices.
Except as provided in division (D) of
this section or division (A)(2) of section 3313.37 of the Revised
Code, the board of county
commissioners of the county in which the
designated site is
located shall provide and equip the offices as
under division (A)
of this section, but the costs of such offices
and equipment
shall be apportioned among the boards of
county
commissioners of all counties having any territory in the
area
under the control of the governing board, according to
the
proportion of
local school district pupils under the supervision
of such board
residing in the respective counties. Where there is
a dispute as
to the amount any board of county commissioners is
required to
pay, the probate judge of the county in which the
greatest number
of pupils under the supervision of the governing
board
reside shall apportion such costs among the boards of county
commissioners and notify each such board of its share of the
costs.
(C)
Not As used in division (C) of this section, in the case of a building, facility, or office space that a board of county commissioners leases or rents, "actual cost per square foot" means all cost on a per square foot basis incurred by the board under the lease or rental agreement. In the case of a building, facility, or office space that the board owns in fee simple, "actual cost per square foot" means the fair rental value on a per square foot basis of the building, facility, or office space either as compared to a similarly situated building, facility, or office space in the general vicinity or as calculated under a formula that accounts for depreciation, amortization of improvements, and other reasonable factors, including, but not limited to, parking space and other amenities.
Not later than the thirty-first
day of March of 2002,
2003, 2004, and 2005 a board of county
commissioners required to
provide or equip offices pursuant to
division (A) or (B) of this
section shall make a written estimate
of the total cost it will
incur for the ensuing fiscal year to
provide and equip the offices
and to provide heat, light, water,
and janitorial services for
such offices. The total estimate of
cost shall include:
(1) The total square feet of space to be utilized by the
educational service center;
(2) The total square feet of any common areas that should
be
reasonably allocated to the center and the methodology for
making
this allocation;
(3) The actual cost per square foot for both the space
utilized by and the common area allocated to the center;
(4) An explanation of the methodology used to determine the
actual cost per square foot cost;
(5) The estimated cost of providing heat, light, and
water,
including an explanation of how these costs were
determined;
(6) The estimated cost of providing janitorial services
including an explanation of the methodology used to determine this
cost;
(7) Any other estimated costs that the board anticipates it
will occur and a detailed explanation of the costs and the
rationale used to determine such costs.
A copy of the total estimate of costs under this division
shall be sent to the superintendent of the educational service
center not later than the fifth day of April. The superintendent
shall review the total estimate and shall notify the board of
county commissioners not later than twenty days after receipt of
the estimate of either agreement with the estimate or any specific
objections to the estimates and the reasons for the objections.
If
the superintendent agrees with the estimate, it shall become
the
final total estimate of cost. Failure of the superintendent
to
make objections to the estimate by the twentieth day after
receipt
of it shall be deemed to mean that the superintendent is
in
agreement with the estimate.
If the superintendent provides specific objections to the
board of county commissioners, the board shall review the
objections and may modify the original estimate and shall send a
revised total estimate to the superintendent within ten days after
the receipt of the superintendent's objections. The
superintendent shall respond to the revised estimate within ten
days after its receipt. If the superintendent agrees with it, it
shall become the final total estimated cost. If the
superintendent fails to respond within the required time, the
superintendent shall be deemed to have agreed with the revised
estimate. If the superintendent disagrees with the revised
estimate, the superintendent shall send specific objections to the
county commissioners.
If a superintendent has sent specific objections to the
revised estimate within the required time, the probate judge of
the county which has the greatest number of resident local school
district pupils under the supervision of the educational service
center shall determine the final estimated cost and certify this
amount to the superintendent and the board of county commissioners
prior to the first day of July.
(D)(1) A board of county commissioners shall be responsible
for the following percentages of the final total estimated cost
established by division (C) of this section:
(a) Eighty per cent for fiscal year 2003;
(b) Sixty per cent for fiscal year 2004;
(c) Forty per cent for fiscal year 2005;
(d) Twenty per cent for fiscal year 2006.
In fiscal years 2003, 2004, 2005, and 2006 the educational
service center shall be responsible for the remainder of any costs
in excess of the amounts specified in division (D)(1)(a),(b), or
(c), or (d) of this section, as applicable, associated with the provision
and equipment of offices for the educational service center and
for provision of heat, light, water, and janitorial services for
such offices, including any unanticipated or unexpected increases
in the costs beyond the final estimated cost amount.
Beginning in fiscal year 2007, no board of county
commissioners shall have any obligation to provide and equip
offices for an educational service center or to provide heat,
light, water, or janitorial services for such offices.
(2) Nothing in this section shall prohibit the board of
county commissioners and the governing board of an educational
service center from entering into a contract for providing and
equipping offices for the use of an educational service center and
for providing heat, light, water, and janitorial services for such
offices. The term of any such contract shall not exceed a period
of four years and may be renewed for additional periods not to
exceed four years. Any such contract shall supersede the
provisions of division (D)(1) of this section and no educational
service center may be charged, at any time, any additional amount
for the county's provision of an office and equipment, heat,
light, water, and janitorial services beyond the amount specified
in such contract.
(3) No contract entered into under division (D)(2) of this
section in any year prior to fiscal year 2007 between an
educational service center formed under section 3311.053 of the
Revised Code and the board of county commissioners required to
provide and equip its office pursuant to division (B) of this
section shall take effect unless the boards of county
commissioners of all other counties required to participate in
the funding for such offices pursuant to division (B) of this
section adopt resolutions approving the contract.
Sec. 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. 3319.227. Notwithstanding any provision to the
contrary
in this chapter or in any educator licensing rule adopted
by the
state board of education under authority granted under this
chapter, any individual who holds an educator license issued under
section 3319.22 of the Revised Code or a teacher's certificate
issued under former section 3319.22 of the Revised Code that has
continuing effect under section 3319.222 of the Revised Code may
be employed to teach for up to two school years in a grade level
or in a subject or teaching
area for which the individual's
license or certificate is not
valid, as long as the individual
agrees
that during that time the individual will enroll in,
attend, and
complete coursework required by rule of the state
board for
licensure to teach in that grade level or in that
subject or
teaching area. The necessary coursework may be
completed through
classes developed and offered by regional
professional development
providers, such as special education
regional resource centers,
regional professional development
centers, educational service
centers, local education agencies,
professional organizations, and
institutions of higher education,
provided the coursework is taken
for credit in collaboration with
a college or university that has
a teacher education program
approved by the state board. No
person shall teach in a grade
level or subject or teaching area
under this section beyond two
years until the person has completed
all coursework and tests
prescribed by the state board for
licensure in that grade level or
subject or teaching area.
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. 3319.302. It is the intent of the general assembly that
the state board of education shall administer this section without
adopting any rules for its implementation.
Unless the provisions of division (B) or (C) of section
3319.31 of the Revised Code apply to an applicant, the state board
of education shall issue
a one-year
conditional teaching permit
for teaching in grades seven to twelve
to
any applicant
who meets
the following conditions:
(A) Holds a bachelor's degree;
(B) Has successfully completed a basic skills test as
prescribed
by the state board;
(C) Has completed either as part of the applicant's degree
program or separate from it the equivalent of at least fifteen
semester hours of coursework in the teaching area or subject area
in which licensure under this section is sought;
(D) Has completed the equivalent of a total of six semester
hours
of additional coursework within the past five years with a
grade point average of at least 2.5 out of 4.0, or its equivalent,
in the areas of the teaching or
subject area described in
division (C) of this section,
characteristics of
student learning,
diversity of learners,
planning for instruction,
instruction
strategies, learning
environments, communication,
assessment, or
student support and that coursework has been approved by the
school district, community school, chartered nonpublic school, or
nonprofit or for-profit entity operating an alternative school
under section 3313.533 of the Revised Code that will employ the
applicant. The
coursework may have been
completed
through classes
developed and
offered by regional
professional development
providers, such as
special education
regional resource centers,
regional professional
development
centers, educational service
centers, local
educational agencies,
professional organizations,
and institutions
of higher education,
provided the coursework is
taken
for credit
in collaboration with a
college or university
that has
a teacher
education program
approved by the state board.
(E) The applicant has entered into a written agreement with
the school district; community school; chartered nonpublic school;
or nonprofit or
for profit
entity operating an alternative school
under section
3313.533 of
the Revised Code that will employ the
applicant and
the department
of
education under which the
district, school, or entity will
provide
for the applicant a
structured
mentoring program in
the
areas
listed in division (D)
of this
section that is aligned
with
the
performance expectations
prescribed by state board rule
for
entry-year teachers.
(F) The applicant agrees to complete while employed under
the one-year teaching permit the equivalent of an additional
three
semester hours of coursework in the teaching area or subject area
in which
the
individual is teaching and for which the individual
will seek
an
alternative educator license pursuant to division (G)
of this
section. The individual's mentor prescribed in division
(E) of
this section shall assist the individual in selecting
coursework
to satisfy the requirement prescribed in this division.
The
coursework may be completed through classes offered by
regional
professional development providers, such as special
education
regional resource centers, regional professional
development
centers, educational service centers, local
educational agencies,
professional organizations, and institutions
of higher education,
if the coursework is taken for credit in
collaboration with a
college or university that has a teacher
education program
approved by the state board.
(G) The applicant agrees to seek at the conclusion of the
year in which the individual is
employed under the one-year
teaching permit issued under this
section an alternative educator
license
issued under section 3319.26 of the Revised Code in the
teaching area or
subject
area in which the individual has been
teaching and plans
to
continue to teach. The applicant shall not
be reemployed by
the
school district; community school; chartered
nonpublic school; or
nonprofit
or for profit
entity operating an
alternative school
under
section 3313.533 of
the Revised Code or
be employed by
another
such district, school,
or entity unless
that alternative
educator
license is issued to
the applicant prior
to the beginning
of the
next school year.
(H) The applicant pays the fee established under section
3319.51 of the Revised Code.
Sec. 3319.33. On or before the first day of August in each
year, the board of education of each city and, exempted village, and local
school district shall report to the state board of education, and
the board of each local school district shall report to the
superintendent of the educational service center,
the school statistics of its
district. Such report shall be made on forms furnished by the
state board of education and shall contain such information as
the state board of education requires. The report shall also set
forth with respect to each civil proceeding in which the board of
education is a defendant and each civil proceeding in which the
board of education is a party and is not a defendant and in which
one of the other parties is a board of education in this state or
an officer, board, or official of this state:
(A) The nature of the proceeding;
(B) The capacity in which the board is a party to the
proceeding;
(C) The total expenses incurred by the board with respect
to the proceeding;
(D) The total expenses incurred by the board with respect
to the proceeding during the reporting period.
Divisions (A) to (D) of this section do not apply to any
proceeding for which no expenses have been incurred during the
reporting period.
The board of education of each city and, exempted village, and local
school district may prepare and publish annually a report of the
condition and administration of the schools under its supervision
which shall include therein an exhibit of the financial affairs
of the district and the information required in divisions (A) to
(D) of this section. Such annual report shall be for a full
year.
Sec. 3319.36. (A) No treasurer of a board of education or
educational
service center shall draw a check for the payment of a
teacher for services
until the teacher files with the treasurer
both of the
following:
(1) Such reports as are required by the state
board of
education, the school district board of education,
or the
superintendent of schools;
(2) Except for a teacher who is
engaged pursuant to section
3319.301 of the Revised Code
and except as
provided under division
(B) of this section, a
written statement from the city
or, exempted
village, or local school district superintendent or
the
educational service center superintendent that the teacher has
filed with the
treasurer a legal educator license or internship
certificate, or true copy of
it, to teach the
subjects or grades
taught, with the dates of its validity. The state board of
education shall prescribe the record and administration for such
filing of
educator licenses and internship certificates in
educational service centers.
(B)
If the board of education of a local school
district and
the governing board of the educational service center
of which the
local
district is a part have entered into an agreement under
division
(B) of section 3319.07 of the Revised Code,
the agreement
may also require the superintendent of the local
school district,
instead of the superintendent of the educational service
center,
to administer the filing of
educator licenses and internship
certificates for the local school
district and to provide to the
teachers of the district the written statements
required in
division (A)(2) of this section.
While such an agreement is in
effect between a local
school
district and an educational service
center, a teacher
employed by the local district shall file a
legal educator license or
internship certificate, or
true copy of
it, with the superintendent of the local district and that
superintendent shall provide to the teacher the written statement
required by division (A)(2) of this section.
(C) Notwithstanding division (A) of this section,
the
treasurer may pay either of the following:
(1) Any teacher for services rendered during the first two
months of the teacher's initial employment with the school
district or
educational service center, provided such teacher is
the holder of a
bachelor's degree or higher and has filed with the
state board of education an
application for the issuance of a
provisional or professional educator
license.
(2) Any substitute teacher for services rendered while
conditionally
employed under section 3319.101 of the Revised Code.
(D)(C) Upon notice to the treasurer given by the state board
of
education or any superintendent having jurisdiction that
reports required of a
teacher have not been made, the treasurer
shall withhold the salary of the
teacher until the required
reports are completed and furnished.
Sec. 3323.12. The board of education of a school district shall provide home
instruction for handicapped children three to twenty-one years of age who are
unable to attend school, even with the help of special transportation. The
board may arrange for the provision of home instruction for a child by a
cooperative agreement or contract with a county board of mental retardation
and developmental disabilities or other educational agency. For the purposes
of determining formula ADM
and average daily attendance under section sections 3317.03 and 3317.034 of the Revised
Code, five hours of home instruction shall be equivalent to attendance for
five school days.
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. 3327.01. Notwithstanding division (D) of section
3311.19 and division (D) of section 3311.52 of the Revised Code,
this section and sections 3327.011, 3327.012, and 3327.02 of
the Revised
Code do not apply to any joint vocational or
cooperative
education school district.
In all city, local, and exempted village school districts
where resident school pupils in grades kindergarten through eight
live more than two miles from the school for which the state
board
of education prescribes minimum standards pursuant to
division (D)
of section 3301.07 of the Revised Code and to which
they are
assigned by the board of education of the district of
residence or
to and from the nonpublic
or community school which they attend
the board of education shall provide transportation for such
pupils to and from such school except
as provided in
section 3327.02 of the Revised Code.
In all city, local, and exempted village school districts
the
board may provide transportation for resident school pupils
in
grades nine through twelve to and from the high school to
which
they are assigned by the board of education of the district
of
residence or to and from the
nonpublic or community
high school which they
attend for which the state board of
education prescribes minimum
standards pursuant to division (D) of
section 3301.07 of the
Revised Code.
A board of education shall not be required to transport
elementary or high school pupils to and from a
nonpublic or community school
where such transportation would
require more than thirty minutes
of direct travel time as measured
by school bus from the
collection point as designated by the
coordinator of school
transportation, appointed under section
3327.011 of the Revised
Code, for the attendance area of the
district of residence.
Where it is impractical to transport a pupil by school
conveyance, a board of education may
offer payment, in lieu of
providing such
transportation
in accordance with section 3327.02 of the Revised Code.
In all city, local, and exempted village school districts
the
board shall provide transportation for all children who are
so
crippled that they are unable to walk to and from the school
for
which the state board of education prescribes minimum
standards
pursuant to division (D) of section 3301.07 of the
Revised Code
and which they attend. In case of dispute whether
the child is
able to walk to and from the school, the health
commissioner shall
be the judge of such ability. In all city,
exempted village, and
local school districts the board shall
provide transportation to
and from school or special education
classes for educable mentally
retarded children in accordance
with standards adopted by the
state board of education.
When transportation of pupils is provided the conveyance
shall be run on a time schedule that shall be adopted and put in
force by the board not later than ten days after the beginning of
the school term.
The cost of any transportation service authorized by this
section shall be paid first out of federal funds, if any,
available for the purpose of pupil transportation, and secondly
out of state appropriations, in accordance with regulations
adopted by the state board of education.
No transportation of any pupils shall be provided by any
board of education to or from any school which in the selection
of
pupils, faculty members, or employees, practices
discrimination
against any person on the grounds of race, color,
religion, or
national origin.
Sec. 3327.011.
Coordinators of school transportation shall
be appointed according to provisions of section 3301.13 of the
Revised Code to assure that each pupil, as provided in section
3327.01 of the Revised Code, is transported to and from the
school
which he attends in a safe, expedient, and
economical manner using
public school collection points, routes, and
schedules.
In determining how best to provide
such transportation,
where
persons or firms on or after April 1, 1965, were providing
transportation to and from schools pursuant to contracts with
persons or agencies responsible for the operation of such
schools,
a coordinator or the board of education responsible for
transportation in accordance with section 3327.01 of the Revised
Code shall give preference if economically feasible during the
term of any such contract to the firm or person providing such
transportation. The boards of education within the county or
group of counties shall
recommend to the coordinator of
establish
transportation routes, schedules, and utilization of
transportation equipment.
The coordinator, upon receipt of such
recommendations, shall establish transportation routes,
schedules,
and utilization of transportation equipment, following
such
recommendations to whatever extent is feasible. The appeals
from
the determination of the
coordinator
board of education
responsible for transportation shall be taken to the
state board
of education.
Sec. 3329.06. The board of education of each city, exempted
village, and
local school district shall furnish, free of charge,
the necessary textbooks
to the pupils attending the public
schools. In lieu of textbooks, district
boards may furnish
electronic textbooks to pupils attending the public
schools,
provided the electronic textbooks are furnished free of
charge. A
district board that chooses to furnish electronic textbooks to
pupils attending school in the district shall provide reasonable
access to the
electronic textbooks and other necessary computer
equipment to pupils in the
district who are required to complete
homework assignments, and teachers
providing homework assignments,
utilizing
electronic textbooks furnished by the district board.
Pupils
wholly or in part supplied
with necessary textbooks or
electronic textbooks shall
be supplied only as other or new
textbooks or electronic
textbooks are needed.
A board may limit
its purchase and ownership of
textbooks or electronic textbooks
needed for its
schools to six subjects per year, the cost of which
shall not exceed
twenty-five per cent of the entire cost of
adoption. All textbooks or
electronic textbooks furnished
as
provided in this section shall be the property of the district,
and loaned
to the pupils on such terms as each such board
prescribes. In order to carry
out sections 3329.01 to 3329.10 of
the Revised Code, each
board,
in the preparation of its annual
budget, shall include as a separate item the
amount which the
board finds necessary to administer such sections and such
amount
shall not be subject to transfer to any other fund.
Sec. 3329.08. At any regular meeting, the board of education
of each local
school district, from lists adopted by the
educational
service center governing board, and the board of
education of each city and
exempted village school district shall
determine by a majority vote of all
members elected or appointed
under division (B) or (F) of
section 3311.71 of the Revised Code
which of such textbooks or electronic
textbooks so
filed shall be
used in the schools under its control.
Except for
periodic and
normal updating of electronic textbooks, no textbooks or
electronic textbooks shall be
changed, nor any part thereof
altered or revised, nor any other textbook or
electronic textbook
substituted therefor, within four years after the date of
selection and
adoption thereof, as shown by the official records
of such boards, except by
the consent, at a regular meeting, of
four-fifths of all members elected
thereto. Textbooks or
electronic textbooks so substituted
shall be adopted for the full
term of four
years.
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. 3333.16. As used in this section "state institution of higher education" means an institution of higher education as defined in section 3345.12 of the Revised Code.
(A) By April 15, 2005, the Ohio board of regents shall do all of the following:
(1) Require each state institution of higher education to make changes in its respective academic programs so that successful completion of any course in a particular field of study shall be recognized for full credit at any other state institution of higher education toward satisfying the requirements of a degree or certification program in that same field of study;
(2) Ensure that community colleges, university branches, technical colleges, and state community colleges comply with the requirement of division (A)(5) of section 3333.20 of the Revised Code that they offer college transfer programs or the initial two years of a baccalaureate degree for students planning to transfer to institutions offering baccalaureate programs;
(3) Develop a universal course classification system for state institutions of higher education, including common numerical designations and titles, so that the transfer of students and the transfer and articulation of courses or specified learning modules or units completed by students are not inhibited by inconsistent course classifications.
(B) By April 15, 2004, the board shall report to the general assembly on its progress in attaining completion of the actions prescribed in division (A) of this section.
Sec. 3365.04. The rules adopted under section 3365.02 of
the Revised Code shall provide for students to enroll in courses
under either of the following options:
(A) The student may elect at the time of enrollment to
receive only college credit for the course. The college shall
notify the student about payment of tuition and fees in the
customary manner followed by the college, and the student shall
be responsible for payment of all tuition and the cost of all
textbooks, materials, and fees associated with the course. If
the student successfully completes the course, the college shall
award the student full credit for the course, but the board
of education
or nonpublic participating school shall not award the high
school
credit.
(B) The student may elect at the time of enrollment for
each course to receive both college credit and high school
credit. Except as provided in section 3365.041 of the
Revised Code, if the student successfully completes the
course, the
college shall award the student full credit for the course,
the board
of education or nonpublic school shall award the student
high school
credit, and the college
shall be
reimbursed in accordance with section 3365.07 of the Revised
Code.
When determining a school district's formula ADM and average daily attendance
under
section sections
3317.03 and 3317.034 of the Revised Code, the time a participant is attending
courses under division (A) of this section shall be considered as
time the participant is not attending or enrolled in school
anywhere, and the time a participant is attending courses under
division (B) of this section shall be considered as time the
participant is attending or enrolled in the district's schools.
Sec. 3377.01. As used in Chapter 3377. of the Revised
Code:
(A) "Educational institution" or "institution" means an
educational institution organized not for profit and holding an
effective certificate of authorization issued under section
1713.02 of the Revised Code. It does not include any institution
created by or in accordance with Title XXXIII of the Revised Code
nor any institution whose principal educational activity is
preparing students for or granting degrees, diplomas, and other
marks of deficiency which have value only in religious and
ecclesiastical fields.
(B) "Educational facility" or "facility" means any
building, structure, facility, equipment, machinery, utility, or
improvement, site, or other interest in real estate therefor or
pertinent thereto, and equipment and furnishings to be used
therein or in connection therewith, together with any
appurtenances necessary or convenient to the uses thereof, to be
used for or in connection with the conduct or operation of an
educational institution, including but not limited to, classrooms
and other instructional facilities, laboratories, research
facilities, libraries, study facilities, administrative and
office facilities, museums, gymnasiums, campus walks, drives and
site improvements, dormitories and other suitable living quarters
or accommodations, dining halls and other food service and
preparation facilities, student services or activity facilities,
physical education, athletic and recreational facilities,
theatres, auditoriums, assembly and exhibition halls,
greenhouses, agricultural buildings and facilities, parking,
storage and maintenance facilities, infirmary, hospital, medical,
and health facilities, continuing education facilities,
communications, fire prevention, and fire fighting facilities,
and any one, or any combination of the foregoing, whether or not
comprising part of one building, structure, or facility. It does
not include any facility used for sectarian instruction or study
or exclusively as a place for devotional activities or religious worship.
(C) "Bond proceedings" means the resolution or
resolutions, the trust agreement, the indenture of mortgage, or
combination thereof authorizing or providing for the terms and
conditions applicable to bonds issued under authority of Chapter
3377. of the Revised Code.
(D) "Pledged facilities" means the project or other
property that is mortgaged or the rentals, revenues, and other
income, charges, and moneys from which are pledged, or both, for
the payment of or the security for the payment of the principal
of and interest on the bonds issued under the authority of
section 3377.05 or 3377.06 of the Revised Code.
(E) "Project" means real or personal property, or both,
acquired by gift or purchase, constructed, reconstructed,
enlarged, remodeled, renovated, improved, furnished, or equipped,
or any combination thereof, by or financed by the Ohio higher
educational facility commission, or by funds that are refinanced
or reimbursed by the commission for use by an educational
institution as an educational facility located within the state.
(F) "Project costs" means the costs of acquiring,
constructing, equipping, furnishing, reconstructing, remodeling,
renovating, enlarging, and improving educational facilities
comprising one or more project, including costs connected with or
incidental thereto, provision of capitalized interest prior to
and during construction and for a period after the completion of
the construction, appropriate reserves, architectural,
engineering, financial, and legal services, and all other costs
of financing, and the repayment or restoration of moneys borrowed
or advanced for such purposes or temporarily used therefor from
other sources, and means the costs of refinancing obligations
issued or loans incurred by, or reimbursement of money advanced,
invested or expended by, educational institutions or others the
proceeds of which obligations or loans or the amounts advanced,
invested or expended were used at any time for the payment of
project costs, if the Ohio higher educational facility commission
determines that the refinancing or reimbursement advances the
purposes of this chapter, whether or not the refinancing or
reimbursement is in conjunction with the acquisition or
construction of additional educational facilities
Sec. 3377.06. In anticipation of the issuance of bonds
authorized by section 3377.05 of the Revised Code, the Ohio
higher educational facility commission may issue bond
anticipation notes of the state and may renew the same from time
to time by the issuance of new notes, but the maximum maturity of
such notes, including renewals thereof, shall not exceed five
years from the date of the issuance of the original notes. Such
notes are payable solely from the revenues and receipts that may
be pledged to the payment of such bonds or from the proceeds of
such bonds, or both, as the commission provides in its resolution
authorizing such notes, and may be additionally secured by
covenants of the commission to the effect that the commission
will do such or all things necessary for the issuance of such
bonds, or of renewal notes under this section in appropriate
amount, and either exchange such bonds or renewal notes therefor
or apply the proceeds thereof to the extent necessary to make
full payment on such notes at the time or times contemplated, as
provided in such resolution. Subject to the provisions of this
section, all provisions for and references to bonds in Chapter
3377. of the Revised Code are applicable to notes authorized
under this section and any references therein to bondholders
shall include holders or owners of such notes.
Prior to the sale of bonds or notes authorized under
section 3377.05 or 3377.06 of the Revised Code, the commission
shall determine that the project to be financed thereby will
contribute to the objectives stated in section 3377.02 of the
Revised Code and that the educational institution to which such
project is to be leased, sold, exchanged, or otherwise disposed
of, admits students without discrimination by reason of race,
creed, color, or national origin.
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. 3501.011. (A) Except as otherwise provided in divisions (B) and (C) of this section, and except as otherwise provided in any section of Title XXXV of the Revised Code to the contrary, as used in the sections of the Revised Code relating to elections and political communications, whenever a person is required to sign or affix a signature to a declaration of candidacy, nominating petition, declaration of intent to be a write-in candidate, initiative petition, referendum petition, recall petition, or any other kind of petition, or to sign or affix a signature on any other document that is filed with or transmitted to a board of elections or the office of the secretary of state, "sign" or "signature" means that person's written, cursive-style legal mark written in that person's own hand.
(B) For persons who do not use a cursive-style legal mark during the course of their regular business and legal affairs, "sign" or "signature" means that person's other legal mark that the person uses during the course of that person's regular business and legal affairs that is written in the person's own hand.
(C) Any voter registration record requiring a person's signature shall be signed using the person's legal mark used in the person's regular business and legal affairs. For any purpose described in division (A) of this section, the legal mark of a registered elector shall be considered to be the mark of that elector as it appears on the elector's voter registration record.
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. 3701.024. (A)(1) Under a procedure established in
rules adopted under section 3701.021 of the Revised Code, the
department of health shall determine the amount each county shall
provide annually for the program for medically handicapped
children, based on a proportion of the county's total general
property tax duplicate, not to exceed one-tenth of a
mill through fiscal year 2005 and three-tenths of a mill
thereafter, and
charge the county for any part of expenses incurred under the
program for treatment services on behalf of medically handicapped
children having legal settlement in the county that is not paid
from federal funds or through the medical assistance program
established under section 5111.01 of the Revised Code. The
department shall not charge the county for expenses exceeding the
difference between the amount determined under division (A)(1) of
this section and any amounts retained under divisions (A)(2) and
(3) of this section.
All amounts collected by the department under division
(A)(1) of this section shall be deposited into the state treasury
to the credit of the medically handicapped children-county
assessment fund, which is hereby created. The fund shall be used
by the department to comply with sections 3701.021 to 3701.028 of
the Revised Code.
(2) The department, in accordance with rules adopted under
section 3701.021 of the Revised Code, may allow each county to
retain up to ten per cent of the amount determined under division
(A)(1) of this section to provide funds to city or general health
districts of the county with which the districts shall provide
service coordination, public health nursing, or transportation
services for medically handicapped children.
(3) In addition to any amount retained under division
(A)(2) of this section, the department, in accordance with rules
adopted under section 3701.021 of the Revised Code, may allow
counties that it determines have significant numbers of
potentially eligible medically handicapped children to retain an
amount equal to the difference between:
(a) Twenty-five per cent of the amount determined under
division (A)(1) of this section;
(b) Any amount retained under division (A)(2) of this
section.
Counties shall use amounts retained under division (A)(3)
of this section to provide funds to city or general health
districts of the county with which the districts shall conduct
outreach activities to increase participation in the program for
medically handicapped children.
(4) Prior to any increase in the millage charged to a
county, the public health council shall hold a public hearing on
the proposed increase and shall give notice of the hearing to
each board of county commissioners that would be affected by the
increase at least thirty days prior to the date set for the
hearing. Any county commissioner may appear and give testimony
at the hearing. Any increase in the millage any county is
required to provide for the program for medically handicapped
children shall be determined, and notice of the amount of the
increase shall be provided to each affected board of county
commissioners, no later than the first day of June of the fiscal
year next preceding the fiscal year in which the increase will
take effect.
(B) Each board of county commissioners shall establish a
medically handicapped children's fund and shall appropriate
thereto an amount, determined in accordance with division (A)(1)
of this section, for the county's share in providing medical,
surgical, and other aid to medically handicapped children
residing in such county and for the purposes specified in
divisions (A)(2) and (3) of this section. Each county shall use
money retained under divisions (A)(2) and (3) of this section
only for the purposes specified in those divisions.
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. 3701.78. (A) There is hereby created the commission
on
minority health, consisting of eighteen members. The governor
shall appoint to the commission nine members from among health
researchers, health planners, and health professionals. The
speaker of the house of representatives shall appoint to the
commission two members of the house of representatives, not more
than one of whom is a member of the same political party, and the
president of the senate shall appoint to the commission two
members of the senate, not more than one of whom is a member of
the same political party. The directors of health, mental
health,
mental retardation and developmental disabilities, and
job and
family services, or their designees, and the
superintendent of
public instruction, or the superintendent's designee, shall
be
members of the
commission. The commission shall elect a
chairperson
from among its members. Of the members appointed by
the governor, five shall
be
appointed to initial terms of one
year, and four shall be
appointed to initial terms of two years.
Thereafter, all members
appointed by the governor shall be
appointed to terms of two
years. All members of the commission
appointed by the speaker of
the house of representatives or the
president of the senate shall
be nonvoting members of the
commission and be appointed within
thirty days after the
commencement of the first regular session
of each general
assembly, and shall serve until the expiration of
the session of
the general assembly during which they were
appointed. Members of
the commission shall serve without
compensation, but shall be
reimbursed for the actual and
necessary expenses they incur in the
performance of their
official duties.
(B)(1) The commission shall promote health and the prevention
of disease among members of minority groups. Each year the
commission shall distribute grants from available funds to
community-based health groups to be used to promote health and
the
prevention of disease among members of minority groups. As
used
in this division (B) of this section,
"minority group" means any of the
following
economically disadvantaged groups: Blacks, American
Indians,
Hispanics, and Orientals. The commission shall adopt
and maintain
rules pursuant to Chapter 119. of the Revised Code
to provide for
the distribution of these grants. No group shall
qualify to
receive a grant from the commission unless it receives
at least
twenty per cent of its funds from sources other than
grants
distributed under this section.
(2) The commission shall implement an African-American
males program. Pursuant to this program, the commission shall do all of the following:
(a) Oversee and supervise four separate and distinct
subcommittees devoted to solving problems and advancing
recommendations exclusively pertinent to black males in the areas
of unemployment, criminal justice, education, and health;
(b) Conduct research to determine the nature and extent of
the problems concerning black males in the four areas targeted in
division (B)(2)(a) of this section;
(c) Hold public hearings for the purpose of collecting
data;
(d) Identify existing federal, state, and local programs
that address problems and solutions relevant to the four targeted
areas of study;
(e) Implement appropriate new programs and demonstration
projects especially designed for black males;
(f) Develop and implement community education and public
awareness programs especially designed for black males;
(g) Develop strategies to improve the social condition of
black males;
(h) Report to the governor, the general assembly, the
auditor of state, the secretary of state, the attorney general,
and the chief justice of the Ohio supreme court at least
biennially on the activities, findings, and recommendations of
the commission;
(i) Accept gifts, grants, donations, contributions,
benefits, and other funds from any public agency or private
source to carry out any or all of the commission's powers or
duties under the program. Such funds shall be deposited in the commission on
African-American males program fund, which is hereby created in the state
treasury. All gifts, grants, donations, contributions, benefits,
and other funds received by the commission under division (B)(2)(i)
of this section, when appropriated to the commission, shall be
used solely to support the operation of the program.
(C) The commission may appoint such employees as it
considers necessary to carry out its duties under this section.
The department of health shall provide office space for the
commission.
(D) The commission shall meet at the call of its
chairperson
to conduct its official business. A majority of the
voting
members of the commission constitute a quorum. The votes of at
least eight voting members of the commission are necessary for
the
commission to take any official action or to approve the
distribution of grants under this section.
(E) The chairperson of the commission may appoint any
number
of individuals to serve on the subcommittees created in division
(B)(2)(a) of this section. Members of subcommittees serve at the
discretion of the chairperson.
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 5111.66 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. 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 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. 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
chief deputy
fire marshal, 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
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
appointment until the end of the term for which
the member was
appointed. Any member appointed to fill a vacancy
occurring
prior
to the expiration of the term for which
the member's
predecessor was
appointed shall hold office for the remainder of
that term. Any
member shall continue in office subsequent to
the expiration date
of
the member's term until
a 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
municipal corporations, 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
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
chief deputy
fire marshal 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
the member's actual and necessary
expenses.
(D) The commission shall select a
chairperson and a
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
chairperson or
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
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.
If the
commission maintains the Ohio fire service hall of fame under
division (C) of section 3737.03 of the Revised Code, the fire
marshal shall preserve, in an appropriate manner, in the office
space or meeting rooms provided to the commission under this
division or in another location, copies of all official
commendations awarded to individuals recognized and commemorated
for their exemplary accomplishments and acts of heroism at
fire-related incidents or similar events that occurred in this
state.
(F) If the commission maintains the Ohio fire service hall
of fame under division (C) of section 3737.03 of the Revised Code,
the expenses incurred for the recognition and commemoration of
individuals for their exemplary accomplishments and acts of
heroism at fire-related incidents or similar events that occurred
in this state, including, but not limited to, expenses for
official commendations and an annual awards ceremony as described
in division (C) of
section 3737.03 of the Revised Code, may be
paid from moneys
appropriated by the general assembly for purposes
of that
recognition and commemoration, from moneys that are
available to
the fire marshal under this chapter, or from other
funding sources available to the commission.
Sec. 3745.04. As used in this section, "any person" means
any individual, any partnership, corporation, association, or
other legal entity, or any political subdivision,
instrumentality,
or agency of a state, whether or not the
individual or legal
entity is an applicant for or holder of a
license, permit, or
variance from the environmental protection
agency, and includes
any department, agency, or instrumentality
of the federal
government that is an applicant for or holder of a
license,
permit, or variance from the environmental protection
agency.
As used in this section, "action" or "act" includes the
adoption, modification, or repeal of a rule or standard, the
issuance, modification, or revocation of any lawful order other
than an emergency order, and the issuance, denial, modification,
or revocation of a license, permit, lease, variance, or
certificate, or the approval or disapproval of plans and
specifications pursuant to law or rules adopted thereunder.
Any person who was a party to a proceeding before the
director
of environmental protection may participate in an appeal
to the environmental review appeals
commission for an order
vacating or modifying the
action of the
director
or
a local board
of health, or
ordering the director or
board of health to perform
an act. The
environmental review
appeals commission has exclusive
original jurisdiction over any
matter that may, under this
section, be brought before
it.
The person so appealing to the commission shall be known
as
appellant, and the director and any party to a proceeding
substantially supporting the finding from which the appeal is
taken shall be known as appellee, except that when an appeal
involves a license to operate a disposal site or facility, the
local board of health or the director of environmental
protection,
and any party to a proceeding substantially
supporting the finding
from which the appeal is taken, shall, as
appropriate, be known as
the appellee. Appellant and appellee
shall be deemed to be
parties to the appeal.
The appeal shall be in writing and shall set forth the
action
complained of and the grounds upon which the appeal is
based.
The appeal shall be filed with the commission within
thirty
days after notice of the action. Notice of the filing of the
appeal
shall be filed with the appellee within three days after
the
appeal is filed with the commission.
The appeal shall be accompanied by a filing fee of
sixty seventy
dollars, which the commission, in its discretion, may
waive
in
cases
of extreme hardship reduce if the appellant cannot afford to pay the fee.
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.
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 person submitting an
application for an industrial water pollution control certificate
under section 6111.31 of the Revised Code shall pay a
nonrefundable fee of five hundred dollars at the time the
application is submitted. The director shall transmit all moneys
collected under this division to the treasurer of state for
deposit into the surface water protection fund created in section
6111.038 of the Revised Code. A person paying a certificate fee
under this division shall not pay an application fee under
division (S)(1) of this section.
(Q) Except as otherwise provided in division (R) of this
section, a person issued a permit by the director for a new solid
waste disposal facility other than an incineration or composting
facility, a new infectious waste treatment facility other than an
incineration facility, or a modification of such an existing
facility that includes an increase in the total disposal or
treatment capacity of the facility pursuant to Chapter 3734. of
the Revised Code shall pay a fee of ten dollars per thousand
cubic
yards of disposal or treatment capacity, or one thousand
dollars,
whichever is greater, except that the total fee for any
such
permit shall not exceed eighty thousand dollars. A person
issued
a modification of a permit for a solid waste disposal
facility or
an infectious waste treatment facility that does not
involve an
increase in the total disposal or treatment capacity
of the
facility shall pay a fee of one thousand dollars. A
person issued
a permit to install a new, or modify an existing,
solid waste
transfer facility under that chapter shall pay a fee
of two
thousand five hundred dollars. A person issued a permit
to
install a new or to modify an existing solid waste
incineration or
composting facility, or an existing infectious
waste treatment
facility using incineration as its principal
method of treatment,
under that chapter shall pay a fee of one
thousand dollars. The
increases in the permit fees under this
division resulting from
the amendments made by Amended Substitute
House Bill 592 of the
117th general assembly do not apply to any
person who submitted an
application for a permit to install a
new, or modify an existing,
solid waste disposal facility under
that chapter prior to
September 1, 1987; any such person shall
pay the permit fee
established in this division as it existed
prior to June 24, 1988.
In addition to the applicable permit fee
under this division, a
person issued a permit to install or
modify a solid waste facility
or an infectious waste treatment
facility under that chapter who
fails to pay the permit fee to
the director in compliance with
division (V) of this section
shall pay an additional ten per cent
of the amount of the fee for
each week that the permit fee is
late.
Permit and late payment fees paid to the director under
this
division shall be credited to the general revenue fund.
(R)(1) A person issued a registration certificate for a
scrap tire collection facility under section 3734.75 of the
Revised Code shall pay a fee of two hundred dollars, except that
if the facility is owned or operated by a motor vehicle salvage
dealer licensed under Chapter 4738. of the Revised Code, the
person shall pay a fee of twenty-five dollars.
(2) A person issued a registration certificate for a new
scrap tire storage facility under section 3734.76 of the Revised
Code shall pay a fee of three hundred dollars, except that if the
facility is owned or operated by a motor vehicle salvage dealer
licensed under Chapter 4738. of the Revised Code, the person
shall
pay a fee of twenty-five dollars.
(3) A person issued a permit for a scrap tire storage
facility under section 3734.76 of the Revised Code shall pay a
fee
of one thousand dollars, except that if the facility is owned
or
operated by a motor vehicle salvage dealer licensed under
Chapter
4738. of the Revised Code, the person shall pay a fee of
fifty
dollars.
(4) A person issued a permit for a scrap tire monocell or
monofill facility under section 3734.77 of the Revised Code shall
pay a fee of ten dollars per thousand cubic yards of disposal
capacity or one thousand dollars, whichever is greater, except
that the total fee for any such permit shall not exceed eighty
thousand dollars.
(5) A person issued a registration certificate for a scrap
tire recovery facility under section 3734.78 of the Revised Code
shall pay a fee of one hundred dollars.
(6) A person issued a permit for a scrap tire recovery
facility under section 3734.78 of the Revised Code shall pay a
fee
of one thousand dollars.
(7) In addition to the applicable registration certificate
or permit fee under divisions (R)(1) to (6) of this section, a
person issued a registration certificate or permit for any such
scrap tire facility who fails to pay the registration certificate
or permit fee to the director in compliance with division (V) of
this section shall pay an additional ten per cent of the amount
of
the fee for each week that the fee is late.
(8) The registration certificate, permit, and late payment
fees paid to the director under divisions (R)(1) to (7) of this
section shall be credited to the scrap tire management fund
created in section 3734.82 of the Revised Code.
(S)(1) Except as provided by divisions (L), (M), (N), (O),
(P), and (S)(2) of this section, division (A)(2) of section
3734.05 of the Revised Code, section 3734.79 of the Revised Code,
and rules adopted under division (T)(1) of this section, any
person applying for a registration certificate under section
3734.75, 3734.76, or 3734.78 of the Revised Code or a permit,
variance, or plan approval under Chapter 3734. of the Revised
Code
shall pay a nonrefundable fee of fifteen dollars at the time
the
application is submitted.
Except as otherwise provided, any person applying for a
permit, variance, or plan approval under Chapter 6109. or 6111.
of
the Revised Code shall pay a nonrefundable fee of one hundred
dollars at the time the application is submitted through June 30,
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. 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 sections
3770.071 or 3770.073 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. 3770.073. (A) If a person is entitled to a lottery prize award and is indebted to the state for the payment of any tax, workers' compensation premium, unemployment contribution, payment in lieu of unemployment contribution, or charge, penalty, or interest arising from these debts and the amount of the prize money or the cost of goods or services awarded as a lottery prize award is one hundred dollars or more, the director of the state lottery commission, or the director's designee, shall do either of the following:
(1) If the prize award will be paid in a lump sum, deduct from the prize award and pay to the attorney general an amount in satisfaction of the debt and pay any remainder to that person. If the amount of the prize award is less than the amount of the debt, the entire amount of the prize award shall be deducted and paid in partial satisfaction of the debt.
(2) If the prize award will be paid in annual installments, on the date the initial installment payment is due, deduct from that installment and pay to the attorney general an amount in satisfaction of the debt and, if necessary to collect the full amount of the debt, do the same for any subsequent annual installments, at the time the installments become due and owing to the person, until the debt is fully satisfied.
(B) If a person entitled to a lottery prize award owes more than one debt, any debt subject to section 5739.33 or division (G) of section 5747.07 of the Revised Code shall be satisfied first.
(C) This section applies only to debts that have become final.
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. 3793.09. (A) There is hereby created the council on
alcohol and drug addiction services which shall consist of the
public officials specified in division (B) of this section, or
their designees, and thirteen members appointed by the governor
with the advice and consent of the senate. The members appointed
by the governor shall be representatives of the following:
boards of alcohol, drug addiction, and mental health services;
the criminal and juvenile justice systems; and alcohol and drug
addiction programs. At least four of the appointed members shall
be persons who have received or are receiving alcohol or drug
addiction services or are parents or other relatives of such
persons; of these at least two shall be women and at least one
shall be a member of a minority group.
The governor shall make initial appointments to the council
not later than thirty days after October 10, 1989. Of the
initial appointments,
six shall
be for terms ending July 31, 1991, and seven shall be for terms
ending July 31, 1992. Thereafter, terms of office shall be two
years, with each term ending on the same day of the same month as
the term 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. Members may be reappointed.
Vacancies shall be
filled in the same manner as 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 as a member for the remainder of the term. A 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.
(B) The directors of health, public safety, mental health,
rehabilitation and correction, and youth
services; the superintendents of public instruction
and liquor control; the attorney
general; the adjutant general; and the director superintendent of the office bureau of
criminal justice services shall be voting members of the council,
except that any of these officials may designate an individual to
serve in the official's place as a voting member of the council.
The
director of alcohol and drug addiction services shall serve as a
nonvoting member of the council.
(C) The governor shall annually appoint a chairman chairperson
from among the members of the council. The council shall meet
quarterly and at other times the chairman chairperson considers
necessary.
In addition to other duties specified in this chapter, the
council shall review the development of the comprehensive
statewide plan for alcohol and drug addiction services, revisions
of the plan, and other actions taken to implement the purposes of
this chapter by the department of alcohol and drug addiction
services and shall act as an advisory council to the director of
alcohol and drug addiction services.
(D) Members of the council shall serve without
compensation, but shall be paid actual and necessary expenses
incurred in the performance of their duties.
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. 4112.12. (A) There is hereby created the commission
on African-American males, which shall consist of not more than
forty-one members as follows: the directors or their designees
of the departments of health, development, alcohol and drug
addiction services, job and family services,
rehabilitation and
correction, mental health, and youth services; the
adjutant general or the adjutant general's designee; the
equal employment opportunity officer of the department of administrative
services
or the equal employment opportunity officer's designee; the
executive director or the executive director's designee of
the Ohio civil rights commission; the director superintendent or the
director's superintendent's
designee of the
office bureau of criminal justice services; the superintendent of public
instruction; the chancellor or the chancellor's designee of
the Ohio board of
regents; two members of the house of representatives appointed by
the speaker of the house of representatives; three members of the
senate appointed by the president of the senate; and not more
than twenty-three members appointed by the governor.
The members
appointed by the governor shall include an additional member of the
governor's cabinet and at least one
representative of each of the following: the national
association for the advancement of colored people; the urban
league; an organization representing black elected officials; an
organization representing black attorneys; the black religious
community; the black business community; the nonminority business
community; and organized labor; at least one black medical
doctor, one black elected member of a school board, and one black
educator; and at least two representatives of local private
industry councils. The remaining members that may be appointed
by the governor shall be selected from elected officials, civic
and community leaders, and representatives of the employment,
criminal justice, education, and health communities.
(B) Terms of office shall be for three years,
with
each term ending on the same day of the same month as did the
term that it succeeds. Each member shall hold office from the
date of appointment until the end of the term for which
the member was appointed. Members may be reappointed. Vacancies shall
be filled in the manner provided for original appointments. Any
member appointed to fill a vacancy occurring prior to the
expiration date of the term for which the member's
predecessor was appointed shall hold office as a member for the remainder of
that term. A member shall continue in office subsequent to the
expiration date of the member's term until the
member's successor takes office or
until a period of sixty days has elapsed, whichever occurs first.
The commission annually shall elect a
chairperson from among its members.
(C) Members of the commission and members of subcommittees
appointed under division (B) of section 4112.13 of the Revised
Code shall not be compensated, but shall be reimbursed for their
necessary and actual expenses incurred in the performance of
their official duties.
(D)(1) The Ohio civil rights commission shall
serve as the commission on African-American males'
fiscal
agent and shall perform all of the following services:
(a) Prepare and process payroll and other personnel documents
that the commission on African-American males approves;
(b) Maintain ledgers of accounts and reports of account
balances, and monitor budgets and allotment plans in consultation with
the commission on African-American males;
(c) Perform other routine support services that the
executive
director of the Ohio civil rights commission or the executive
director's designee and the Commission on African-American males
or its designee consider appropriate to achieve efficiency.
(2) The Ohio civil rights commission shall not approve any
payroll or other personnel-related documents or any biennial
budget, grant, expenditure, audit, or fiscal-related document
without the advice and consent of the commission on
African-American
males.
(3) The Ohio civil rights commission shall determine fees to be
charged to the commission on African-American males for
services performed under this division, which shall be in proportion to the
services performed for the commission on African-American
males.
(4) The commission on African-American males or its
designee
has:
(a) Sole authority to draw funds for any federal
program in
which the commission is authorized to participate;
(b) Sole authority to expend funds from accounts for programs
and any other necessary expenses the commission on
African-American
males may incur;
(c) The duty to cooperate with the Ohio civil rights commission
to ensure that the Ohio civil rights commission is fully apprised
of all financial transactions.
(E) The commission on African-American males shall appoint an
executive director, who shall be in the unclassified civil
service. The executive director shall supervise the commission's
activities and report to the commission on the progress of those
activities. The executive director shall do all things necessary
for the efficient and effective implementation of the duties of
the commission.
The responsibilities assigned to the executive director do not
relieve the members of the commission from final responsibility for the
proper performance of the requirements of this division.
(F) The commission on African-American males
shall:
(1) Employ, promote, supervise, and remove all employees, as
needed, in connection with the performance of its duties under this
section;
(2) Maintain its office in Columbus;
(3) Acquire facilities, equipment, and supplies necessary to
house the commission, its employees, and files and records under its
control, and to discharge any duty imposed upon it by law. The expense of
these acquisitions shall be audited and paid for in the same
manner as other state expenses.
(4) Prepare and submit to the office of budget and management a
budget for each biennium in accordance with sections 101.55 and 107.03 of the Revised Code.
The budget submitted shall cover the costs of
the commission and its staff in the discharge of any duty imposed upon the
commission by law. The commission shall pay its own
payroll and other operating expenses from appropriation items
designated by the general assembly. The commission shall not
delegate any authority to obligate funds.
(5) Establish the overall policy and management of the
commission in accordance with this chapter;
(6) Follow all state procurement requirements;
(7) Pay fees owed to the Ohio civil rights commission under
division (D) of this section from the commission on
African-American males' general revenue fund or from any
other fund from which the operating
expenses of the commission on African-American males are
paid.
Any amounts set aside for a fiscal year for the payment of such fees shall be
used only for the services performed for the
commission on African-American males by the Ohio
civil rights commission in that fiscal year.
(G) The commission on African-American males
may:
(1) Hold sessions at any place within the state;
(2) Establish, change, or abolish positions, and assign and
reassign duties and responsibilities of any employee of the commission
on African-American males as necessary to achieve the most
efficient performance of its functions.
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. 4115.10. (A) No person, firm, corporation, or public
authority that constructs a public improvement with its own
forces, the total overall project cost of which is fairly
estimated to be more than the amounts set forth in division (B)(1)
or (2) of
section 4115.03 of the Revised Code, adjusted biennially
by the
director of
commerce pursuant
to section 4115.034 of the
Revised Code, shall
violate the
wage provisions of sections
4115.03 to 4115.16 of the Revised
Code, or suffer, permit, or
require any employee to work for less
than the rate of wages so
fixed, or violate the provisions of
section 4115.07 of the Revised
Code. Any employee upon any
public improvement, except an
employee to whom or on behalf of whom
restitution is made pursuant
to division (C) of section 4115.13 of the Revised
Code, who is
paid less than the fixed rate of wages
applicable thereto may
recover from such person, firm,
corporation, or public authority
that constructs a public
improvement with its own forces the
difference between the fixed
rate of wages and the amount paid to
the employee and in
addition thereto
a sum equal to twenty-five
per cent of that difference. The person, firm,
corporation, or
public authority who fails to pay the rate of
wages so fixed also
shall pay a penalty to the
director of seventy-five
per cent of
the difference between the fixed rate of wages and the amount paid
to the employees on the public improvement. The
director shall
deposit
all moneys
received from penalties paid to the director
pursuant
to this section into the penalty enforcement fund, which
is hereby created in
the
state treasury. The
director shall use
the
fund for the
enforcement of sections
4115.03 to 4115.16 of the
Revised Code.
The employee may file
suit for recovery within sixty ninety
days of the
director's determination
of a violation of sections
4115.03 to
4115.16 of the Revised Code or is barred from further
action
under
this division. Where the employee prevails in a
suit, the
employer shall pay the costs and reasonable attorney's
fees
allowed by the court.
(B) Any employee upon any public improvement who is paid
less than the prevailing rate of wages applicable thereto may
file
a complaint in writing with the director upon a form furnished by
the
director. At the
written request The complaint shall include documented evidence to demonstrate that the employee was paid less than the prevailing wage in violation of this chapter. Upon receipt of a properly completed written complaint of any employee paid less
than the prevailing
rate of wages applicable, the director shall
take
an assignment
of a claim in trust for the assigning employee
and bring any
legal action necessary to collect the claim. The
employer shall
pay the costs and reasonable attorney's fees
allowed by the court
if the employer is found in violation of
sections 4115.03 to
4115.16 of the Revised Code.
(C) If
after
investigation pursuant to section 4115.13 of
the Revised Code, the
director determines there is a violation of
sections 4115.03 to 4115.16 of the Revised Code and a period of
sixty days
has elapsed from the date of the determination, and if:
(1) No employee has brought suit pursuant to division (A)
of
this section;
(2) No employee has requested that the director
take an
assignment of a wage claim pursuant to division (B) of this
section;
The director shall bring any legal action
necessary
to
collect any amounts owed to employees and the
director.
The
director shall
pay over to the affected employees the amounts
collected to which the affected
employees are entitled under
division (A) of this section. In any action in
which the director
prevails, the employer shall
pay
the costs and reasonable
attorney's fees allowed by the court.
(D) Where persons are employed and their rate of wages
has
been determined as provided in section 4115.04 of the Revised
Code, no person, either for self or any other person,
shall
request, demand, or receive, either before or after
the person
is
engaged, that the person so engaged pay back,
return, donate,
contribute, or give any part or all of the
person's wages,
salary,
or thing of value, to any person, upon the statement,
representation, or understanding that failure to comply with such
request or demand will prevent the procuring
or retaining of
employment, and no person shall, directly or
indirectly, aid,
request, or authorize any other person to
violate this section.
This division does not apply to any agent
or representative of a
duly constituted labor organization acting
in the collection of
dues or assessments of such organization.
(E) The director shall enforce
sections 4115.03 to 4115.16
of the Revised Code.
(F) For the purpose of supplementing existing
resources and
to
assist in enforcing division (E) of this section, the
director
may contract
with a person registered as a public accountant under
Chapter
4701. of the
Revised Code to conduct an audit of a person,
firm, corporation,
or public authority.
Sec. 4115.21. A person who files an action alleging a violation of sections 4115.03 to 4115.16 of the Revised Code shall file the action within two years after the alleged violation occurred or be barred from further action under this chapter.
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. 4301.30. 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. 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. 4501.27. (A) Except as provided
in division (B) of
this section, on and after
September 13, 1997, the registrar of
motor
vehicles, and any employee or contractor of the bureau of
motor vehicles,
shall not knowingly disclose or otherwise make
available to any person or
entity any personal information about
an individual that the bureau obtained
in connection with a motor
vehicle record.
(B)(1) On and after
September 13, 1997, the registrar, or an
employee or contractor of the bureau
of motor vehicles, shall
disclose personal information, other than
sensitive personal
information, about an individual that the bureau
obtained in
connection with a motor vehicle record, for use in connection with
any of the
following matters to carry out the purposes of any
specified federal
automobile-related act:
(a) Motor vehicle or driver safety and theft;
(b) Motor vehicle emissions;
(c) Motor vehicle product alterations, recalls, or
advisories;
(d) Performance monitoring of motor vehicles and
dealers by
motor vehicle manufacturers;
(e) Removal of non-owner records from the original
owner
records of motor vehicle manufacturers.
(2) In addition to the disclosure required under division
(B)(1) of this section, on and after
September 13, 1997, the
registrar, or an
employee or contractor of the bureau of motor
vehicles, may disclose personal
information, other than sensitive
personal information,
about an individual that the bureau obtained
in connection with a
motor vehicle record, as follows:
(a) For the use of a government agency, including,
but not
limited to, a court or law enforcement agency, in carrying out its
functions, or for the use of a private person or entity acting on
behalf of an
agency of this state, another state, the
United
States, or a political subdivision of this
state or another state
in carrying out its functions;
(b) For use in connection with matters regarding
motor
vehicle or driver safety and theft; motor vehicle emissions; motor
vehicle product alterations, recalls, or advisories; performance
monitoring of
motor vehicles, motor vehicle parts, and dealers;
motor vehicle market
research
activities, including, but not
limited to, survey research;
and removal of
non-owner records from
the original owner records of motor vehicle
manufacturers;
(c) For use in the normal course of business by a
legitimate
business or an agent, employee, or contractor of a legitimate
business, but only for one of the following purposes:
(i) To verify the accuracy of personal information
submitted
to the business, agent, employee, or contractor by an individual;
(ii) If personal information submitted to the
business,
agent, employee, or contractor by an individual is incorrect or no
longer is correct, to obtain the correct information, but only for
the purpose
of preventing fraud, by pursuing legal remedies
against, or recovering on a
debt or security interest against, the
individual.
(d) For use in connection with a civil, criminal,
administrative, or arbitral proceeding in a court or agency of
this state,
another state, the United States, or a political
subdivision of this
state or another state or before a
self-regulatory body, including, but not
limited to, use in
connection with the service of process, investigation in
anticipation of litigation, or the execution or enforcement of a
judgment or
order;
(e) Pursuant to an order of a court of this state,
another
state, the United States, or a political subdivision of this state
or
another state;
(f) For use in research activities or in producing
statistical reports, provided the personal information is not
published,
redisclosed, or used to contact an individual;
(g) For use by an insurer, insurance support
organization,
or self-insured entity, or by an agent, employee, or contractor
of
that type of entity, in connection with any claims investigation
activity,
anti-fraud activity, rating, or underwriting;
(h) For use in providing notice to the owner of a
towed,
impounded, immobilized, or forfeited vehicle;
(i) For use by any licensed private investigative
agency or
licensed security service for any purpose permitted under division
(B)(2) of this section;
(j) For use by an employer or by the agent or
insurer of an
employer to obtain or verify information relating to the holder
of
a commercial driver's license or permit that is required under the
"Commercial Motor Vehicle Safety Act of 1986," 100 Stat. 3207-170,
49 U.S.C.
2701, et seq., as now or hereafter amended;
(k) For use in connection with the operation of a
private
toll transportation facility;
(l)
For use by any political subdivision, or any private
person or entity
acting on behalf of a political subdivision, in
the enforcement of traffic
control signal violations detected by a
traffic control signal
photo-monitoring device, as described in
sections 4511.093 to 4511.097 of the Revised Code;
(m) For any use not otherwise identified in division
(B)(2)
of this section that is in response to
a request for individual
motor vehicle records, if the
individual whose personal
information is requested completes
and submits to the registrar or
deputy registrar a
form prescribed by the registrar by
rule giving
express consent to such disclosures.;
(m)(n) For bulk distribution for surveys, marketing, or
solicitations, if the
individual whose personal
information is
requested completes and submits to the registrar or a deputy
registrar a form prescribed by the registrar by rule giving
express consent to
such disclosures.;
(n)(o) For use by a person, state, or state agency that
requests the information, if the person, state, or state agency
demonstrates
that it has obtained the written consent of the
individual to whom the
information pertains;
(o)(p) For any other use specifically authorized by law
that
is related to the operation of a motor vehicle or to public
safety.
(3)(a) Except as provided in division
(B)(3)(b) of this
section, the registrar, or an
employee or contractor
of the bureau
of motor vehicles, may
disclose sensitive personal information
about an individual that
the bureau obtained in connection with a
motor vehicle record, only if
either of the following conditions
are satisfied:
(i) The individual whose personal information is requested
completes and submits to the registrar or deputy registrar a form
prescribed
by the registrar by rule giving express consent to such
disclosure;
(ii) The disclosure is for one or more of the purposes
described
in division (B)(2)(a), (d), (g),
or (j) of this section.
(b) Division (B)(3)(a) of this section
does not apply to the
disclosure of sensitive personal information that is subject to
section
4501.15 or 4507.53 of the Revised Code.
(C) On and after September 13, 1997, an authorized recipient
of
personal information about an individual that the bureau of
motor vehicles
obtained in connection with a motor vehicle record,
other than a recipient
under division (B)(2)(l)(m)
or
(m)(n) of
this section, may resell or redisclose the
personal information
only for a use permitted under division
(B)(1), (B)(2)(a) to (k),
(B)(2)(n)(o), or (B)(2)(o)(p) of this section.
On and after
September 13, 1997, an
authorized recipient of personal
information about an individual under
division
(B)(2)(l)(m) of
this section
may resell or redisclose the information for any
purpose. On and after
September 13, 1997, an authorized recipient
of
personal information under division
(B)(2)(m)(n) of this
section
may resell or redisclose the information as specified
pursuant to that
division. On and after September 13, 1997, an
authorized recipient of personal information about an individual
under
division
(B) of this section, other than a recipient
under
division (B)(2)(l)(m)
of this section, that resells or rediscloses
any personal information covered
by this section must keep for a
period of five years a record that identifies
each person or
entity that receives any of the personal information and the
permitted purpose for which the information is to be used, and
must make all
such records available to the registrar of motor
vehicles upon the registrar's
request.
(D) The registrar may
establish and carry out procedures
under which the registrar or the
registrar's
agents, upon receipt
of a request for personal information on or after
September 13,
1997, that does not satisfy any
of the criteria for disclosure of
the information that are set forth in
division (B)(1) or (2) of
this section, may
notify the individual about whom the information
was requested, by regular
mail, that the request was made. Any
procedures so adopted shall provide
that,
if the registrar or an
agent of the registrar mails the notice to the
individual, the
registrar or agent shall include with the notice a copy of the
request and conspicuously shall include in the notice a statement
that the
information will not be released unless the individual
waives the individual's
right to privacy regarding the information
that is granted under this section.
(E) The registrar of motor vehicles may
adopt any forms and
rules, consistent with but no more restrictive than the
requirements of Public
Law No.
130-322, Title
XXX, 18
U.S.C.
2721-2725, that are necessary to carry out the registrar's duties
under this
section on and after September 13, 1997.
(F) As used in this section:
(1) "Motor vehicle record" means a record that pertains to a
motor vehicle driver's or commercial driver's license or permit, a
motor
vehicle certificate of title, a motor vehicle registration
or motor vehicle
identification license plates, or an
identification card issued by the bureau
of motor vehicles.
(2) "Person" has the same meaning as in section 1.59 of the
Revised Code
and does not include this state, another state, or an
agency of this state or
another state.
(3) "Personal information" means information that identifies
an
individual, including, but not limited to, an individual's
photograph or
digital image, social
security number, driver or
driver's license identification number, name,
telephone number, or
medical or disability information, or an individual's
address
other than the five-digit zip code
number. "Personal information"
does not include information pertaining to a
vehicular accident,
driving or traffic violation, or driver's status.
(4) "Specified federal automobile-related act" means the
"automobile information disclosure act
Automobile
Information
Disclosure Act," 72 Stat. 325, 15
U.S.C. 1231-1233, the "Motor
Vehicle Information and Cost Saving Act," 86
Stat. 947, 15 U.S.C.
1901, et seq., the "National Traffic and
Motor Vehicle Safety Act
of 1966," 80 Stat. 718, 15 U.S.C. 1381, et seq., the
"Anti-car
Theft Act of 1992," 106 Stat. 3384, 15 U.S.C. 2021, et seq., and
the
"Clean Air Act," 69 Stat. 322, 42 U.S.C. 7401, et seq., all as
now or
hereafter amended.
(5) "Sensitive personal information" means an individual's
photograph or digital image, social security number, or medical or
disability information.
Sec. 4503.234. (A) As used in this section,
"vehicle
owner"
means the person in whose name is registered a vehicle
that is
subject to an order of forfeiture issued under this
section.
(B) If a court is required by section 4503.233, 4503.236,
4507.361,
4507.99, 4511.193, or 4511.99 of the Revised Code to
order the
criminal forfeiture of a vehicle, the order shall be
issued and enforced in accordance with this division, subject to
division (C) of this section and section 4503.235 of the Revised
Code. An order of criminal forfeiture issued under this division
shall authorize an appropriate law enforcement agency to seize
the
vehicle ordered criminally forfeited upon the terms and
conditions
that the
court determines proper. No vehicle ordered criminally
forfeited
pursuant to this division shall be considered contraband
for
purposes of section 2933.41, 2933.42, or 2933.43 of the
Revised
Code, but shall be held by the law enforcement agency that
employs
the officer who seized it for disposal in accordance with
this
section. A forfeiture order may be
issued only after the
vehicle owner has been provided with an opportunity to
be heard.
The prosecuting attorney shall give the vehicle owner written
notice of the possibility of forfeiture by sending a copy of the
relevant
uniform traffic ticket or other written notice to the
vehicle owner not less
than seven days prior to the date of
issuance of the forfeiture order. A
vehicle is subject to
an
order of criminal forfeiture pursuant to this division upon
the
conviction of the offender
of or plea of guilty by the offender to
a violation of
division (A) of section 4503.236, division (B)(1)
or
(D)(2) of section 4507.02, section 4507.33, or division (A) of
section 4511.19
of the Revised Code, or a municipal
ordinance that
is substantially equivalent to division (A) of
section 4503.236,
division (B)(1) or
(D)(2) of section 4507.02, section 4507.33, or
division (A)
of section 4511.19 of the Revised Code.
(C)(1) Prior to the issuance of an order of criminal
forfeiture pursuant to division (B) of this section, the law
enforcement agency that employs the law enforcement officer who
seized the vehicle
shall
conduct or cause to be conducted a search
of the
appropriate public records that relate to the vehicle and
shall
make or cause to be made reasonably diligent inquiries to
identify any lienholder or
any person or entity with an ownership
interest in the
vehicle. The court that is to issue the
forfeiture
order also shall cause a notice of the potential
order
relative to the vehicle and of the expected
manner of disposition
of the vehicle after its forfeiture to be
sent to any lienholder
or person who is known to
the court to have any right, title, or
interest in the vehicle. The court shall give the notice
by
certified mail, return receipt requested, or by personal service.
(2) No order of criminal
forfeiture shall be issued pursuant
to division (B) of this section if
a lienholder or other person
with an ownership interest in the
vehicle establishes to the
court, by a preponderance of the evidence
after filing a motion
with the court,
that the lienholder or other
that person neither
knew nor should
have known after a reasonable
inquiry that the
vehicle would be used or involved,
or likely
would be used
or
involved, in the violation resulting in the issuance of the
order
of criminal forfeiture or the violation of the order of
immobilization issued under section 4503.233 of
the Revised Code,
that the lienholder or other
that person did not
expressly or
impliedly consent
to the use or involvement of the vehicle in that
violation, and that the
lien or ownership interest was
perfected
pursuant
to law prior to the seizure of the vehicle under section
4503.236, 4507.38,
or 4511.195 of the Revised Code. If the
lienholder or holder of the
ownership interest satisfies the court
that these
criteria have been met, the court shall preserve
the
holder's
the lienholder's or other person's lien or
interest, and
the court either shall return the vehicle to the holder,
the
holder's or shall order that the
the holder's proceeds of any sale
held
pursuant to division (D) of this section be paid to the
lienholder or
holder of the interest less the costs of seizure,
storage, and maintenance of
the vehicle. The court shall not
return a vehicle to a lienholder or a holder of an ownership
interest under
division (C)(2) of this section unless the
lienholder or holder submits an affidavit
to the court that states
that the lienholder or holder will not
return the vehicle to the
person from whom the vehicle was seized
pursuant to the order of
criminal forfeiture or to any member of
that person's family and
will not otherwise knowingly permit that
person or any member of
that person's family to obtain
possession of the
vehicle.
(3) No order of criminal
forfeiture shall be issued pursuant
to division (B) of this section if
a person
with an interest in
the vehicle establishes to the court, by a
preponderance of the
evidence after filing a motion with the court,
that the person
neither knew nor should have known after a
reasonable
inquiry that
the vehicle had been used or was involved in the
violation
resulting in the issuance of the order of criminal
forfeiture or
the violation of the order of immobilization issued under
section
4503.233 of the Revised Code,
that the person did not expressly or
impliedly consent to the
use or
involvement of the vehicle in that
violation, that the interest was perfected
in
good faith and for
value pursuant to law between the time of the arrest of the
offender and the final disposition of the criminal charge in
question, and that the vehicle was in the possession of the
vehicle owner at the time of the perfection of the interest. If
the court is satisfied that the interest
holder has met these
criteria, the court shall preserve
the holder's
the interest
holder's interest, and the court either
shall return the
vehicle
to the interest holder
the holder's or order that the
the
holder's
proceeds of any
sale held pursuant to division (D) of this section
be paid to the holder of
the interest less the costs of seizure,
storage, and maintenance of the
vehicle. The court shall not
return a vehicle to an
interest holder under division (C)(3) of
this section unless the holder
submits an affidavit to the court
stating
that the holder will not return the vehicle to the person
from
whom the holder acquired
the holder's the
holder's interest,
nor to any member
of that person's family, and the holder will not
otherwise
knowingly permit that person or any member of that
person's
family to
obtain possession of the vehicle.
(D) A vehicle ordered criminally forfeited to the state
pursuant to division (B) of this section shall
be disposed of as
follows:
(1) It shall be given to the law enforcement agency
that
employs the law enforcement officer who seized the
vehicle, if
that agency desires to have it;
(2) If a vehicle is not disposed of pursuant to division
(D)(1) of this section, the vehicle shall be sold,
without
appraisal, if the value of the vehicle is
two thousand dollars or
more as determined by publications of
the national
auto dealer's
association, at a public auction to the highest bidder for
cash.
Prior to the sale, the prosecuting attorney in the case shall
cause a notice of the proposed sale to be given in accordance
with
law. The court shall cause notice of the sale of the vehicle to
be
published in a newspaper of general circulation in the county
in which the
court is located at least seven days prior to the
date of the
sale. The proceeds of a sale under this division or
division (G) of
this section shall be applied in the following
order:
(a) First, they shall be applied to the payment of the
costs
incurred in connection with the seizure, storage, and
maintenance
of, and provision of security for, the vehicle, any
proceeding
arising out of the forfeiture, and if any, the sale.
(b) Second, the remaining proceeds after compliance with
division (D)(2)(a) of this section, shall be applied to the
payment of the value of any lien or ownership
interest in
the
vehicle preserved under division (C) of this section.
(c) Third, the remaining proceeds, after compliance with
divisions (D)(2)(a) and (b) of this section, shall be
applied to
the appropriate funds in accordance with divisions (D)(1)(c) and
(2) of section 2933.43 of the Revised Code, provided that the
total of the amount so deposited under this division shall not
exceed one thousand dollars. The remaining proceeds deposited
under this division shall be used only for the purposes
authorized
by those divisions and division (D)(3)(a)(ii) of that
section.
(d) Fourth, the remaining proceeds after compliance with
divisions (D)(2)(a) and (b) of this section and after
deposit of
a
total amount of one thousand dollars under division
(D)(2)(c) of
this section shall be applied so that fifty seventy-five
per cent of those
remaining proceeds is paid into the reparation fund established
by
section 2743.191 of the Revised Code, twenty-five per cent is
paid
into the drug abuse resistance education programs fund
created by
division (L)(2)(e) of section 4511.191 of the Revised
Code and
shall be used only for the purposes authorized by
division
(L)(2)(e) of that section, and twenty-five per cent is
applied to
the appropriate funds in accordance with division
(D)(1)(c) of
section 2933.43 of the Revised Code. The proceeds
deposited into
any fund described in section 2933.43 of the
Revised Code shall be
used only for the purposes authorized by
division (D)(1)(c), (2),
and (3)(a)(ii) of that section.
(E) Notwithstanding any other provision of law, neither
the
registrar of motor vehicles nor any deputy registrar shall
accept
an application for the registration of any motor vehicle
in the
name of any person, or register any motor vehicle in the
name of
any person, if both of the following apply:
(1) Any vehicle registered in the person's name was
criminally forfeited under division (B) of this
section and
section 4503.233, 4503.236, 4507.361, 4507.99, 4511.193,
or
4511.99 of the Revised Code;
(2) Less than five years have expired since the issuance of
the most recent order of criminal forfeiture issued in relation
to
a vehicle registered in the person's name.
(F) If a court is required by section 4503.233, 4507.361,
4507.99, 4511.193,
or 4511.99 of the Revised Code to order the
criminal forfeiture to the state
of a vehicle, and the title to
the motor vehicle is assigned or transferred,
and division (C)(2)
or (3) of this section applies, in addition to or
independent of
any other penalty established by law, the court may fine the
offender the value of the vehicle as determined by publications of
the
national auto dealer's association. The proceeds from any
fine imposed under
division (F) of this section shall be
distributed in accordance with division
(D)(4) of this section.
(G) As used in division (D) of this section and divisions
(D)(1)(c), (2), and (D)(3)(a)(ii) of section 2933.43 of the
Revised Code in relation to proceeds of the sale of a vehicle
under division (D) of this section,
"prosecuting attorney"
includes the prosecuting attorney, village solicitor, city
director of law, or similar chief legal officer of a municipal
corporation who prosecutes the case resulting in the conviction
or
guilty plea in question.
(G)(H) If the vehicle to
be forfeited has an average retail
value of less than two thousand dollars as
determined by
publications of the national auto dealer's
association, no public
auction is required to be held. In such
a case, the court may
direct that the vehicle be disposed of in
any manner that it
considers appropriate, including assignment
of the certificate of
title to the motor vehicle to a salvage
dealer or a scrap metal
processing facility. The court shall
not transfer the vehicle to
the person who is the vehicle's
immediate previous owner.
If the court assigns the motor vehicle to a salvage
dealer or
scrap metal processing facility and the court is in possession of
the certificate of title to the motor vehicle, it shall send the
assigned certificate of title to the motor vehicle to the clerk
of
the court of common pleas of the county in which the salvage
dealer or scrap metal processing facility is located. The court
shall mark the face of the certificate of title with the words
"FOR DESTRUCTION" and shall
deliver a photocopy of the certificate
of title to the salvage
dealer or scrap metal processing facility
for its records.
If the court is not in possession of the certificate of title
to the
motor vehicle, the court shall issue an order transferring
ownership of the
motor vehicle to a salvage dealer or scrap metal
processing facility, send the
order to the clerk of the court of
common pleas of the county in which the
salvage dealer or scrap
metal processing facility is located, and send a
photocopy of the
order to the salvage dealer or scrap metal processing
facility for
its records. The clerk shall make the proper notations or
entries
in the clerk's records concerning the disposition of the motor
vehicle.
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. 4511.093. (A) As
used in sections 4511.093 to 4511.097
of
the Revised Code,
"traffic
control signal photo-monitoring
device"
means an electronic system
consisting of a photographic,
video, or
electronic camera and a
vehicle sensor installed to
work
in
conjunction with a traffic
control signal to
automatically
produce
photographs, videotape, or
digital images
of each vehicle
that
violates the instruction of
the red light
of the traffic
control
signal.
(B)(1) Sections 4511.093 to 4511.097 of the Revised Code
apply to counties that have a population greater than four hundred
thousand persons at the last federal census and to municipal
corporations and townships that are located in a county having a
population of greater than four hundred thousand persons at the
last federal census.
(2) Traffic control signal photo-monitoring devices shall
not be installed by or on behalf of any county that has a
population equal to or less than four hundred thousand persons at
the last federal census or any municipal corporation or township
that is located in a county having a population equal to or less
than four hundred thousand persons at the last federal census.
(C) Notwithstanding division (B) of this section, sections
4511.093 to 4511.097 of the Revised Code do not apply to any
municipal corporation, county, or township that, on the effective
date of this section, has installed and is operating at least one
traffic control signal photo-monitoring device at an intersection
located within its boundaries and has implemented a program
involving violations of the instruction of the red light of the
traffic control signal, irrespective of whether or not under the
program the violations are considered criminal offenses.
Sec. 4511.094. Any legislative authority of a municipal
corporation
that,
by ordinance, and any board of county
commissioners or board
of township trustees that, by resolution,
authorizes
the
installation of a traffic control signal
photo-monitoring device
at an intersection that is located within
the
municipal
corporation,
county, or township, that is under its
control, and
at which is located a
traffic control signal
that
exhibits
different colored lights shall conspicuously place and
maintain
at the intersection monitored by the device notice that
the
intersection is
being monitored by the device and shall comply
with this section. For purposes of sections 4511.093 to 4511.097
of the Revised Code, a violation
of the instruction of the red
light of the traffic control
signal that is detected by the device
shall not be considered a
criminal offense.
The
person who commits
the violation
so detected shall not be
arrested
for purposes of
those sections as a result of the
violation. Photographs, videotapes, or digital images recorded by a traffic control signal photo-monitoring device may be used only for the purposes described in section 4511.096 of the Revised Code relating to a violation of the instruction of the red light, and those photographs, videotapes, or digital images may be used in relation to a criminal offense or a traffic infraction other than a violation of that instruction, regardless of whether the criminal offense or traffic infraction is related to a violation of that instruction.
Except as otherwise
provided in this section and sections
4511.095 to 4511.097 of the Revised Code,
the provisions in
Chapter 4521. of the
Revised Code
that govern enforcement and
appeal procedures and the
payment of
fines in relation to
noncriminal parking infractions,
including, but not
limited to,
the provisions of sections 4521.07,
4521.08, and
4521.10 of the
Revised Code that prohibit in
specified
circumstances the renewal
or transfer of the
registration of the vehicle
involved in a
violation or any vehicle
owned or leased by a person against
whom
a judgment is entered
based on a violation, also shall apply
to
violations detected by a
traffic control signal
photo-monitoring
device as described in
this section. In
applying the provisions
of Chapter 4521. of the
Revised Code to
violations detected by a
traffic control signal
photo-monitoring
device as described in
this section, all
references in those
provisions to
"parking
infractions" shall be
construed as being
references to violations
detected by a traffic
control signal
photo-monitoring device and
all other terminology
included in those provisions shall be
construed in their
application to violations detected by a traffic
control
signal
photo-monitoring device in a reasonable and
appropriate manner to
give
effect to this section.
Any ordinance or resolution of the type described in this
section shall
include a fine for a violation of the instruction
of
the red light of the
traffic control signal that is detected by
the traffic control signal
photo-monitoring device and shall
prescribe an additional penalty or penalties
for failure to answer
any charges of the violation in a timely manner. In no
case shall
any fine so adopted or additional penalty so prescribed
exceed the
fine established by the
municipal or county court having
territorial jurisdiction over the
entire or a majority of the
political subdivision
that adopted the ordinance or resolution, in
its schedule of fines established
pursuant to
Traffic
Rule 13(C),
for a substantively
comparable violation. In no case shall any
fine so adopted or additional
penalty so prescribed exceed one
hundred dollars, plus costs and other
administrative charges, per
violation. All revenue obtained from fines levied under this section shall be used by the county, municipal corporation, or township to pay the reasonable costs associated with operating the traffic control signal photo-monitoring device and for support of the county, municipal, or township law enforcement agency.
At all intersections at which traffic control signal
photo-monitoring devices are installed, the time period during
which the traffic control signal displays a yellow light or yellow
arrow shall conform with the provisions contained in the manual
adopted by the department of transportation pursuant to section
4511.09 of the Revised Code governing the time of display of
yellow lights and yellow arrows by traffic control signals.
Sec. 4511.095. No municipal corporation, county, or township shall enter
into any contract with any governmental or nongovernmental entity
for the provision of services relating to the installation or
maintenance of traffic control signal photo-monitoring devices or
any services related to the processing, collecting, or enforcing
of tickets, civil judgments, and default judgments entered
pursuant to section 4511.096 and Chapter 4521. of the Revised Code
if the contract involves payment of any type by the municipal
corporation, county, or township to the governmental or
nongovernmental entity on a contingent basis. A municipal corporation, county, or township may pay a governmental or nongovernmental entity on an installment basis for services of that nature, for traffic control signal photo-monitoring devices, or for maintenance of those devices.
As used in this section, "contingent basis" means any
portion of or all of the payments made by the municipal
corporation, county, or township to the governmental or
nongovernmental entity is dependent upon fines being levied or
collected by the county, municipal corporation, or township due to
traffic control signal violations detected by traffic control
signal photo-monitoring devices, and the payment is either a fixed
amount of every such fine or an amount to be determined by a
specified formula, including, but not limited to, a percentage of
every such fine.
Sec. 4511.096. Only a law enforcement
officer employed by a
municipal
corporation, county, or township that adopts
an
ordinance or
resolution of the type described
in section 4511.094
of the Revised Code
may examine
any
photograph, videotape, or
digital image recorded
by the
traffic control signal
photo-monitoring
device to determine
whether a motor vehicle has
violated the instruction of
the
red
light of the traffic control
signal at the intersection monitored
by the
device. If the
photograph,
videotape, or digital image
shows an alleged
violation of that nature, contains a notation of
the date and
time of the alleged
violation, and permits the law enforcement
officer
to read the
letters and numbers on the
motor vehicle's rear
license
plate, the
officer may use any legal
means, including contacting
the
bureau
of motor vehicles as
described in this
section, to
obtain the name
and mailing address of the motor vehicle's owner.
After the law
enforcement officer obtains the motor vehicle
owner's name and
mailing address, the officer or another law
enforcement officer
may send
the owner a ticket charging the owner
with a
violation of
the instruction of the red light of the
traffic control signal.
For each traffic control signal
photo-monitoring
device, during
the first thirty days the device
is monitoring the
intersection,
the municipal corporation, county,
or township shall
issue only
warning notices and shall not issue
any
ticket or
citation for any
violation of the instruction of the
red light
of
the traffic
control signal detected by the device.
A law enforcement officer employed by a municipal
corporation, county, or township that adopts an ordinance or
resolution
of the type described in section 4511.094 of the
Revised Code,
or an
officer or employee of a governmental or
nongovernmental
entity that is a
party to an enforcement contract
entered into
under section 4511.095 of the Revised Code, may
contact
the bureau
of motor
vehicles to obtain pursuant to section
4501.27 of the
Revised Code
the name and
mailing address of the
owner of a motor
vehicle that
commits a violation
as described in
this section or any
information needed to assist in processing,
collecting, and
enforcing tickets issued relative to, or civil
judgments and
default judgments entered relative to, any violation
described in
this section.
Sec. 4511.097. (A) In addition to the manners provided in
section
4521.09
of the Revised Code, the owner of a motor vehicle
shall
be
entitled to establish nonliability for the violation of
the
instruction of
the red light of the traffic control signal
that
was the subject of an
ordinance or resolution of the type
described in section 4511.094 of the Revised Code in either of the
following manners:
(1) By establishing that at the time of the violation the
vehicle
was in the care, custody, or
control of a person other
than the owner pursuant to a written rental or lease
agreement.
This fact may be established
by a copy of the written rental or
lease agreement or an
affidavit stating the name and address of
the lessee or renter in
possession of the motor vehicle at the
time of the violation.
(2) By establishing that the vehicle was stolen at the time
of
the
violation. This fact may be established by a copy of a law
enforcement agency report stating that the vehicle involved was
reported
as being stolen before the time of the violation or an
affidavit stating
that the vehicle was stolen at the time of the
violation.
(B) A person desiring to establish nonliability under
division
(A)(1) or (2) of this section may
answer the ticket
referred to in section 4511.096 of the Revised Code by
denying the
violation with an explanation. The person shall submit the
affidavit or
documentary evidence described in division (A)(1)
or
(2) of this section within sixty days after
receipt of the ticket to the court that
receives the
person's answer.
The court that receives the answer shall determine
whether the person's explanation, together with any affidavit or
documentary
evidence, meets the standard set forth in those
divisions
and
notify the
person, in
writing, of its determination.
Whenever a court determines under this division
that an owner has established nonliability
under
division (A)(1)
of this section, the court
shall
notify the law
enforcement officer who sent the ticket to
the owner of that
determination and provide the
officer with the evidence
establishing another individual as the renter
or lessee of the
motor vehicle and as the motor vehicle's probable operator at the time
of the
violation of the instruction of the red light of the
traffic
control signal that was detected by the traffic control
signal
photo-monitoring device. Upon receipt of this information,
the
law enforcement officer may issue a ticket for the violation
to
that renter or lessee and
may
proceed in the same manner as if
the
renter or lessee had
been
originally charged with the
violation.
That renter or lessee shall be charged with and be liable
for the
violation to the same extent as if the renter or lessee
had been
originally charged with the violation.
Sec. 4511.191. (A) Any person who operates a vehicle upon
a
highway or any public or private property used by the public
for
vehicular travel or parking within this state shall be deemed
to
have given consent to a chemical test or tests of the
person's
blood,
breath, or urine for the purpose of determining the
alcohol,
drug, or alcohol and drug content of the person's blood,
breath, or urine
if arrested for operating a vehicle while under
the influence of
alcohol, a drug of abuse, or alcohol and a drug
of abuse or for
operating a vehicle with a prohibited
concentration of alcohol in
the blood, breath, or urine. The
chemical test or tests shall be
administered at the request of a
police officer having reasonable
grounds to believe the person to
have been operating a vehicle
upon a highway or any public or
private property used by the
public for vehicular travel or
parking in this state while under
the influence of alcohol, a drug
of abuse, or alcohol and a drug
of abuse or with a prohibited
concentration of alcohol in the
blood, breath, or urine. The law
enforcement agency by which the
officer is employed shall
designate which of the tests shall be
administered.
(B) Any person who is dead or unconscious, or who is
otherwise in a condition rendering the person incapable of
refusal,
shall be deemed not to have withdrawn consent as provided
by
division (A) of this section and the test or tests may be
administered, subject to sections 313.12 to 313.16 of the Revised
Code.
(C)(1) Any person under arrest for operating a vehicle
while
under the influence of alcohol, a drug of abuse, or alcohol
and a
drug of abuse or for operating a vehicle with a prohibited
concentration of alcohol in the blood, breath, or urine shall be
advised at a police station, or at a hospital, first-aid station,
or clinic to which the person has been taken for first-aid or
medical treatment, of both of the following:
(a) The consequences, as specified in division (E) of this
section, of the person's refusal to submit upon request to a
chemical test
designated by the law enforcement agency as provided
in division
(A) of this section;
(b) The consequences, as specified in division (F) of this
section, of the person's submission to the designated
chemical
test if the person is found to have a prohibited
concentration of
alcohol in the
blood, breath, or urine.
(2)(a) The advice given pursuant to division (C)(1) of
this
section shall be in a written form containing the
information
described in division (C)(2)(b) of this section and
shall be read
to the person. The form shall contain a statement
that the form
was shown to the person under arrest and read to
the person in the
presence of the arresting officer and
either another
police
officer, a civilian police employee, or an employee of a
hospital,
first-aid station, or clinic, if any, to which the
person has been
taken for first-aid or medical treatment. The
witnesses shall
certify to this fact by signing the form.
(b) The form required by division (C)(2)(a) of this
section
shall read as follows:
"You now are under arrest for operating a vehicle while
under
the influence of alcohol, a drug of abuse, or both alcohol
and a
drug of abuse and will be requested by a police officer to
submit
to a chemical test to determine the concentration of
alcohol,
drugs of abuse, or alcohol and drugs of abuse in your
blood,
breath, or urine.
If you refuse to submit to the requested test or if you
submit to the requested test and are found to have a prohibited
concentration of alcohol in your blood, breath, or urine, your
driver's or commercial driver's license or permit or nonresident
operating privilege immediately will be suspended for the period
of time specified by law by the officer, on behalf of the
registrar of motor vehicles. You may appeal this suspension at
your initial appearance before the court that hears the charges
against you resulting from the arrest, and your initial
appearance
will be conducted no later than five days after the
arrest. This
suspension is independent of the penalties for the
offense, and
you may be subject to other penalties upon
conviction."
(D)(1) If a person under arrest as described in division
(C)(1) of this section is not asked by a police officer to submit
to a chemical test designated as provided in division (A) of this
section, the arresting officer shall seize the Ohio or
out-of-state driver's or commercial driver's license or permit of
the person and immediately forward the seized license or permit
to
the court in which the arrested person is to appear on the
charge
for which the person was arrested. If the arrested person does
not have the person's driver's or commercial driver's license or
permit on the person's self or in the person's vehicle, the
arresting
officer shall order the arrested person to surrender it
to
the law enforcement agency that employs
the officer within
twenty-four hours after the arrest, and, upon
the surrender, the
officer's employing agency immediately shall
forward the license
or permit to the court in which the
arrested person is to appear
on the charge for which the person was arrested. Upon
receipt of
the
license or permit, the court shall retain it pending the
initial
appearance of the arrested person and any action taken
under
section 4511.196 of the Revised Code.
If a person under arrest as described in division (C)(1) of
this section is asked by a police officer to submit to a chemical
test designated as provided in division (A) of this section and
is
advised of the consequences of the person's refusal or submission
as
provided in division (C) of this section and if the person
either refuses to submit to the designated chemical test or the
person
submits to the designated chemical test and the test
results
indicate that the person's blood contained a concentration
of ten-hundredths of one per cent or more by weight of alcohol,
the person's breath contained a concentration of ten-hundredths of
one gram or
more by weight of alcohol per two hundred ten liters
of the
person's breath, or the person's urine contained a
concentration of
fourteen-hundredths of one gram or more by weight
of alcohol per
one hundred milliliters of the person's urine at
the time of
the alleged
offense, the arresting officer shall do
all of the following:
(a) On behalf of the registrar, serve a notice of
suspension
upon the person that advises the person that,
independent of any
penalties or sanctions imposed upon the
person pursuant to any
other section of the Revised Code or any other
municipal
ordinance, the person's driver's or commercial
driver's license
or
permit or nonresident operating privilege is suspended, that
the
suspension takes effect immediately, that the suspension will
last
at least until the person's initial appearance on the
charge that
will be held within five days after the date of the person's
arrest or the
issuance of a citation to the person, and that
the
person may appeal the
suspension at the initial appearance; seize
the Ohio or
out-of-state driver's or commercial driver's license
or permit of
the person; and immediately forward the seized
license or permit
to the registrar. If the arrested person does
not have the person's driver's
or commercial driver's license or
permit on the person's self or in
the
person's vehicle, the
arresting officer shall order
the person to surrender it to the
law enforcement agency that employs
the officer within twenty-four
hours after the service of the notice
of suspension, and, upon the
surrender, the officer's employing
agency immediately shall
forward the license or permit to the
registrar.
(b) Verify the current residence of the person and, if it
differs from that on the person's driver's or commercial driver's
license or permit, notify the registrar of the change;
(c) In addition to forwarding the arrested person's
driver's
or commercial driver's license or permit to the
registrar, send to
the registrar, within forty-eight hours after
the arrest of the
person, a sworn report that includes all of the
following
statements:
(i) That the officer had reasonable grounds to believe
that,
at the time of the arrest, the arrested person was
operating a
vehicle upon a highway or public or private property
used by the
public for vehicular travel or parking within this
state while
under the influence of alcohol, a drug of abuse, or
alcohol and a
drug of abuse or with a prohibited concentration of
alcohol in the
blood, breath, or urine;
(ii) That the person was arrested and charged with
operating
a vehicle while under the influence of alcohol, a drug
of abuse,
or alcohol and a drug of abuse or with operating a
vehicle with a
prohibited concentration of alcohol in the blood,
breath, or
urine;
(iii) That the officer asked the person to take the
designated chemical test, advised the person of the consequences
of submitting to the chemical test or refusing to take the
chemical test, and gave the person the form described in division
(C)(2) of this section;
(iv) That the person refused to submit to the chemical
test
or that the person submitted to the chemical test and the
test
results indicate that the person's blood contained a
concentration
of
ten-hundredths of one per cent or more by weight of alcohol,
the
person's breath contained a concentration of ten-hundredths of
one gram or
more by weight of alcohol per two hundred ten liters
of the
person's breath, or the person's urine contained a
concentration of
fourteen-hundredths of one gram or more by weight
of alcohol per
one hundred milliliters of the person's urine at
the time of
the alleged
offense;
(v) That the officer served a notice of suspension upon
the
person as described in division (D)(1)(a) of this section.
(2) The sworn report of an arresting officer completed
under
division (D)(1)(c) of this section shall be given by the
officer
to the arrested person at the time of the arrest or sent
to the
person by regular first class mail by the registrar as
soon
thereafter as possible, but no later than fourteen days
after
receipt of the report. An arresting officer may give an
unsworn
report to the arrested person at the time of the arrest
provided
the report is complete when given to the arrested person
and
subsequently is sworn to by the arresting officer. As soon
as
possible, but no later than forty-eight hours after the arrest
of
the person, the arresting officer shall send a copy of the
sworn
report to the court in which the arrested person is to
appear on
the charge for which the person was arrested.
(3) The sworn report of an arresting officer completed and
sent to the registrar and the court under divisions (D)(1)(c) and
(D)(2) of this section is prima-facie proof of the information
and
statements that it contains and shall be admitted and
considered
as prima-facie proof of the information and statements
that it
contains in any appeal under division (H) of this section
relative
to any suspension of a person's driver's or commercial
driver's
license or permit or nonresident operating privilege
that results
from the arrest covered by the report.
(E)(1) Upon receipt of the sworn report of an arresting
officer completed and sent to the registrar and a court pursuant
to divisions (D)(1)(c) and (D)(2) of this section in regard to a
person who refused to take the designated chemical test, the
registrar shall enter into the registrar's records the fact
that
the person's
driver's or commercial driver's license or permit or
nonresident
operating privilege was suspended by the arresting
officer under
division (D)(1)(a) of this section and the period of
the
suspension, as determined under divisions (E)(1)(a) to (d) of
this section. The suspension shall be subject to appeal as
provided in this section and shall be for whichever of the
following periods applies:
(a) If the arrested person, within five years of the date
on
which the person refused the request to consent to the
chemical
test,
had not refused a previous request to consent to a chemical
test
of the person's blood, breath, or urine to determine its
alcohol content,
the period of suspension shall be one year. If
the person is a
resident without a license or permit to operate a
vehicle within
this state, the registrar shall deny to the person
the issuance
of a driver's or commercial driver's license or
permit for a
period of one year after the date of the alleged
violation.
(b) If the arrested person, within five years of the date
on
which the person refused the request to consent to the
chemical
test,
had refused one previous request to consent to a chemical
test of
the person's blood, breath, or urine to determine its
alcohol content, the
period of suspension or denial shall be two
years.
(c) If the arrested person, within five years of the date
on
which the person refused the request to consent to the
chemical
test,
had refused two previous requests to consent to a chemical
test
of the person's blood, breath, or urine to determine its
alcohol content,
the period of suspension or denial shall be three
years.
(d) If the arrested person, within five years of the date
on
which the person refused the request to consent to the
chemical
test,
had refused three or more previous requests to consent to a
chemical test of the person's blood, breath, or urine to
determine
its
alcohol content, the period of suspension or denial shall be
five
years.
(2) The suspension or denial imposed under division (E)(1)
of this section shall continue for the entire one-year, two-year,
three-year, or five-year period, subject to appeal as provided in
this section and subject to termination as provided in division
(K) of this section.
(F) Upon receipt of the sworn report of an arresting
officer
completed and sent to the registrar and a court pursuant
to
divisions (D)(1)(c) and (D)(2) of this section in regard to a
person whose test results indicate that the person's blood
contained a
concentration of ten-hundredths of one per cent or
more by weight
of alcohol, the person's breath contained a
concentration of
ten-hundredths of one gram or more by weight of
alcohol per two
hundred ten liters of the person's breath, or
the
person's urine contained a
concentration of fourteen-hundredths of
one gram or more by
weight of alcohol per one hundred milliliters
of the
person's urine at the time of the alleged offense, the
registrar shall
enter into the registrar's records the fact that
the person's driver's or
commercial
driver's license or permit or
nonresident operating privilege was
suspended by the arresting
officer under division (D)(1)(a) of
this section and the period of
the suspension, as determined
under divisions (F)(1) to (4) of
this section. The suspension
shall be subject to appeal as
provided in this section and shall
be for whichever of the
following periods that applies:
(1) Except when division (F)(2), (3), or (4) of this section
applies and specifies a different period of suspension or denial,
the period
of the suspension or denial shall be ninety days.
(2) The period of suspension or denial shall be one year if
the person has been convicted, within six years of
the date the
test
was conducted, of a violation of
one of the following:
(a) Division (A) or (B) of section 4511.19 of the Revised
Code;
(b) A municipal ordinance relating to operating a vehicle
while under
the influence of alcohol, a drug of abuse, or alcohol
and a drug
of abuse;
(c) A municipal ordinance relating to operating a vehicle
with a prohibited concentration of alcohol in the blood, breath,
or urine;
(d) Section 2903.04 of the Revised Code in a case in which
the offender was subject to the sanctions described in division
(D) of that section;
(e) Division (A)(1) of section 2903.06 or division
(A)(1) of
section 2903.08 of the Revised Code or a
municipal ordinance that
is substantially similar to either of those
divisions;
(f) Division (A)(2), (3), or (4) of
section 2903.06,
division (A)(2) of section
2903.08, or former section 2903.07 of
the Revised Code, or a municipal ordinance that is substantially
similar to any of those divisions or that former section, in a
case in which
the jury or judge found that at the time of the
commission of the
offense the offender was under the influence of
alcohol, a drug
of abuse, or alcohol and a drug of abuse;
(g) A statute of the United States or
of any other state or
a municipal ordinance of a municipal corporation located
in any
other state that is substantially similar to division (A) or (B)
of
section 4511.19 of the Revised Code.
(3) If the person has been convicted, within six years of
the date the test was conducted, of two violations of a statute
or
ordinance described in division (F)(2) of this section,
the period
of the suspension or denial shall be two years.
(4) If the person has been convicted, within six years of
the date the test was conducted, of more than two violations of a
statute or ordinance described in division (F)(2) of this
section,
the period of the suspension or denial shall be three
years.
(G)(1) A suspension of a person's driver's or commercial
driver's license or permit or nonresident operating privilege
under division (D)(1)(a) of this section for the period of time
described in division (E) or (F) of this section is effective
immediately from the time at which the arresting officer serves
the notice of suspension upon the arrested person. Any
subsequent
finding that the person is not guilty of the charge
that resulted
in the person being requested to take, or in
the person taking,
the chemical test or tests under division (A) of this section
affects the suspension only as described in division (H)(2) of
this section.
(2) If a person is arrested for operating a vehicle while
under the influence of alcohol, a drug of abuse, or alcohol and a
drug of abuse or for operating a vehicle with a prohibited
concentration of alcohol in the blood, breath, or urine and
regardless of whether the person's driver's or commercial
driver's
license or permit or nonresident operating privilege is
or is not
suspended under division (E) or (F) of this section,
the person's
initial appearance on the charge resulting from the
arrest shall
be held within five days of the person's arrest or
the issuance of
the citation to the person, subject to any
continuance
granted by
the court pursuant to division (H)(1) of this section
regarding
the issues specified in that division.
(H)(1) If a person is arrested for operating a vehicle
while
under the influence of alcohol, a drug of abuse, or alcohol
and a
drug of abuse or for operating a vehicle with a prohibited
concentration of alcohol in the blood, breath, or urine and if
the
person's driver's or commercial driver's license or permit or
nonresident operating privilege is suspended under division (E)
or
(F) of this section, the person may appeal the suspension at
the
person's initial appearance on the charge
resulting from
the
arrest in the court in which the person will appear on
that
charge. If the person appeals the suspension at the
person's
initial appearance, the appeal does
not stay the operation of the
suspension. Subject to division
(H)(2) of this section, no court
has jurisdiction to grant a stay
of a suspension imposed under
division (E) or (F) of this
section, and any order issued by any
court that purports to grant
a stay of any suspension imposed
under either of those divisions
shall not be given administrative
effect.
If the person appeals the suspension at the person's initial
appearance, either the person or the registrar may request a
continuance
of the appeal. Either the person or the registrar
shall make the
request for a continuance of the appeal at the same
time as the
making of the appeal. If either the person or the
registrar
requests a continuance of the appeal, the court may
grant the
continuance. The court also may continue the appeal on
its own
motion. The granting of a continuance applies only to the
conduct of the appeal of the suspension and does not extend the
time within which the initial appearance must be conducted, and
the court shall proceed with all other aspects of the initial
appearance in accordance with its normal procedures. Neither the
request for nor the granting of a continuance stays the operation
of the suspension that is the subject of the appeal.
If the person appeals the suspension at the person's initial
appearance, the scope of the appeal is limited to determining
whether one or more of the following conditions have not been
met:
(a) Whether the law enforcement officer had reasonable
ground to believe the arrested person was operating a vehicle
upon
a highway or public or private property used by the public
for
vehicular travel or parking within this state while under the
influence of alcohol, a drug of abuse, or alcohol and a drug of
abuse or with a prohibited concentration of alcohol in the blood,
breath, or urine and whether the arrested person was in fact
placed under arrest;
(b) Whether the law enforcement officer requested the
arrested person to submit to the chemical test designated
pursuant
to division (A) of this section;
(c) Whether the arresting officer informed the arrested
person of the consequences of refusing to be tested or of
submitting to the test;
(d) Whichever of the following is applicable:
(i) Whether the arrested person refused to submit to the
chemical test requested by the officer;
(ii) Whether the chemical test results indicate that the
arrested person's blood contained a concentration of
ten-hundredths of one
per cent
or more by weight of alcohol, the
person's breath contained
a
concentration of ten-hundredths of one
gram or more by weight of
alcohol per two hundred ten liters of
the person's breath,
or the person's urine contained a
concentration of
fourteen-hundredths of one gram or
more by weight
of alcohol per one hundred milliliters of the
person's urine at
the time of the alleged offense.
(2) If the person appeals the suspension at the initial
appearance, the judge or referee of the court or the mayor of the
mayor's court shall determine whether one or more of the
conditions specified in divisions (H)(1)(a) to (d) of this
section
have not been met. The person who appeals the suspension
has the
burden of proving, by a preponderance of the evidence,
that one or
more of the specified conditions has not been met.
If during the
appeal at the initial appearance the judge or
referee of the court
or the mayor of the mayor's court determines
that all of those
conditions have been met, the judge, referee,
or mayor shall
uphold the suspension, shall continue the
suspension, and shall
notify the registrar of the decision on a form
approved by the
registrar. Except as otherwise provided in division
(H)(2) of
this section, if the suspension is upheld or if the person does
not
appeal the suspension at the person's initial appearance
under
division (H)(1) of this section, the suspension shall continue
until the
complaint alleging the violation for which the person
was arrested and in
relation to which the suspension was imposed
is adjudicated on
the merits by the judge or referee of the trial
court or by the
mayor of the mayor's court. If the suspension was
imposed under
division (E) of this section and it is continued
under this
division, any subsequent finding that the person is not
guilty of
the charge that resulted in the person being requested
to take the
chemical test or tests under division (A) of this
section does
not terminate or otherwise affect the suspension. If
the
suspension was imposed under division (F) of this section and
it
is continued under this division, the suspension shall
terminate
if, for any reason, the person subsequently is found not
guilty
of the charge that resulted in the person taking the
chemical test or
tests under division (A) of this section.
If, during the appeal at the initial appearance, the judge
or
referee of the trial court or the mayor of the mayor's court
determines that one or more of the conditions specified in
divisions (H)(1)(a) to (d) of this section have not been met, the
judge, referee, or mayor shall terminate the suspension, subject
to the imposition of a new suspension under division (B) of
section 4511.196 of the Revised Code; shall notify the registrar
of the decision on a form approved by the registrar; and, except
as
provided in division (B) of
section 4511.196 of the Revised
Code, shall order the registrar
to return the driver's or
commercial driver's license or permit
to the person or to take
such measures as may be necessary, if
the license or permit was
destroyed under section 4507.55 of the
Revised Code, to permit the
person to obtain a replacement
driver's or commercial driver's
license or permit from the
registrar or a deputy registrar in
accordance with that section. The court
also shall issue to the
person a court order, valid for
not more than ten days from the
date of issuance, granting the
person operating privileges for
that period of time.
If the person appeals the suspension at the initial
appearance, the registrar shall be represented by the prosecuting
attorney of the county in which the arrest occurred if the
initial
appearance is conducted in a juvenile court or county
court,
except that if the arrest occurred within a city or
village within
the jurisdiction of the county court in which the
appeal is
conducted, the city director of law or village
solicitor of that
city or village shall represent the registrar.
If the appeal is
conducted in a municipal court, the registrar
shall be represented
as provided in section 1901.34 of the
Revised Code. If the appeal
is conducted in a mayor's court, the
registrar shall be
represented by the city director of law,
village solicitor, or
other chief legal officer of the municipal
corporation that
operates that mayor's court.
(I)(1)(a) A person is not entitled to request, and a court
shall not grant to the person, occupational driving privileges
under division
(I)(1) of this section if
a person's driver's or
commercial driver's
license or permit or nonresident operating
privilege has been
suspended pursuant to division (E) of this
section, and the
person, within the preceding seven years, has
refused three
previous requests to consent to a chemical test of
the
person's blood, breath, or urine to determine its alcohol
content or has
been convicted of or pleaded guilty to three or
more violations of
one or more of the following:
(i) Division (A) or (B) of section 4511.19 of the Revised
Code;
(ii) A
municipal ordinance relating to operating a vehicle
while under
the influence of alcohol, a drug of abuse, or alcohol
and a drug
of abuse;
(iii) A municipal ordinance relating to operating a vehicle
with a prohibited concentration of alcohol in the blood, breath,
or urine;
(iv) Section 2903.04 of the Revised Code in a case in which
the person was subject to the sanctions described in division (D)
of that section;
(v) Division (A)(1) of section 2903.06 or division
(A)(1) of
section 2903.08 of the Revised Code or a
municipal ordinance that
is substantially similar to either of those
divisions;
(vi) Division (A)(2), (3), or (4) of
section 2903.06,
division (A)(2) of section
2903.08, or former section 2903.07 of
the
Revised Code, or a municipal ordinance that is substantially
similar to any of those divisions or that former section, in a
case in which
the jury or judge found that the person was under
the influence
of alcohol, a drug of abuse, or alcohol and a drug
of abuse;
(vii) A statute
of the United States or of any other state
or a municipal ordinance of a
municipal corporation located in any
other state that is substantially similar
to division (A) or (B)
of section 4511.19 of the Revised Code.
(b) Any other person who is not described in division
(I)(1)(a) of this section and whose driver's or
commercial
driver's
license or nonresident operating privilege has been
suspended
pursuant to division (E) of this section may file a
petition
requesting occupational driving privileges in the common
pleas court,
municipal court, county court, mayor's court, or, if
the person is a minor,
juvenile court
with jurisdiction over the
related criminal or delinquency case.
The petition may be filed
at any time subsequent to the date on
which the notice of
suspension is served upon
the arrested person. The person shall
pay the costs of the
proceeding, notify the registrar of the
filing of the petition,
and send the registrar a copy of the
petition.
In the proceedings, the registrar shall be represented by
the
prosecuting attorney of the county in which the arrest
occurred if
the petition is filed in the juvenile court, county
court, or
common pleas court, except that, if the arrest occurred within a
city or
village within the jurisdiction of the county court in
which the
petition is filed, the city director of law or village
solicitor
of that city or village shall represent the registrar.
If the
petition is filed in the municipal court, the registrar
shall be
represented as provided in section 1901.34 of the Revised
Code. If the
petition is filed in a mayor's court, the registrar
shall be represented by
the city director of law, village
solicitor, or other chief legal officer
of the municipal
corporation that operates the mayor's court.
The court, if it finds reasonable cause to believe that
suspension would seriously affect the person's ability to
continue
in the person's employment, may grant the person
occupational
driving privileges during the period of suspension imposed
pursuant to division (E) of this section, subject to the
limitations contained in this division and division (I)(2) of
this
section. The court may grant the occupational driving
privileges,
subject to the limitations contained in this division
and division
(I)(2) of this section, regardless of whether the
person appeals
the suspension at the person's initial
appearance under
division
(H)(1) of this section or appeals the decision of the
court made
pursuant to the appeal conducted at the initial
appearance, and,
if the person has appealed the suspension or
decision, regardless
of whether the matter at issue has been
heard or decided by the
court. The court shall not grant
occupational driving privileges
for employment as
a driver of commercial motor vehicles to any
person who is
disqualified from operating a commercial motor
vehicle under
section 3123.611 or 4506.16 of the Revised Code or
whose commercial driver's license or commercial driver's temporary
instruction
permit has been suspended under section 3123.58 of the
Revised Code.
(2)(a) In granting occupational driving privileges under
division (I)(1) of this section, the court may impose any
condition it considers reasonable and necessary to limit the use
of a vehicle by the person. The court shall deliver to the
person
a permit card, in a form to be prescribed by the court,
setting
forth the time, place, and other conditions limiting the
defendant's use of a vehicle. The grant of occupational driving
privileges shall be conditioned upon the person's having the
permit in the person's possession at all times during which
the
person is operating a vehicle.
A person granted occupational driving privileges who
operates
a vehicle for other than occupational purposes, in
violation of
any condition imposed by the court, or without
having the permit
in the person's possession, is guilty of a
violation of
section
4507.02 of the Revised Code.
(b) The court may not grant a person occupational driving
privileges under division (I)(1) of this section when prohibited
by a limitation contained in that division or during any of the
following periods of time:
(i) The first thirty days of suspension imposed upon a
person who, within five years of the date on which the person
refused the
request to consent to a chemical test of the person's
blood,
breath, or
urine to determine its alcohol content and for
which refusal the
suspension was imposed, had not refused a
previous request to
consent to a chemical test of the person's
blood, breath, or
urine to
determine its alcohol content;
(ii) The first ninety days of suspension imposed upon a
person who, within five years of the date on which the person
refused the
request to consent to a chemical test of the person's
blood,
breath, or
urine to determine its alcohol content and for
which refusal the
suspension was imposed, had refused one previous
request to
consent to a chemical test of the person's blood,
breath, or
urine to
determine its alcohol content;
(iii) The first year of suspension imposed upon a person
who, within five years of the date on which the person
refused the
request to consent to a chemical test of the person's
blood,
breath, or
urine to determine its alcohol content and for which
refusal the
suspension was imposed, had refused two previous
requests to
consent to a chemical test of the person's blood,
breath, or
urine to
determine its alcohol content;
(iv) The first three years of suspension imposed upon a
person who, within five years of the date on which the person
refused the
request to consent to a chemical test of the person's
blood,
breath, or
urine to determine its alcohol content and for
which refusal the
suspension was imposed, had refused three or
more previous
requests to consent to a chemical test of the
person's
blood, breath, or
urine to determine its alcohol content.
(3) The court shall give information in writing of any
action taken under this section to the registrar.
(4) If a person's driver's or commercial driver's license
or
permit or nonresident operating privilege has been suspended
pursuant to division (F) of this section, and the person, within
the preceding seven years, has been convicted of or pleaded
guilty
to three or more violations of division (A) or (B) of
section
4511.19 of the Revised Code, a municipal ordinance
relating to
operating a vehicle while under the influence of
alcohol, a drug
of abuse, or alcohol and a drug of abuse, a
municipal ordinance
relating to operating a vehicle with a
prohibited concentration of
alcohol in the blood, breath, or
urine, section 2903.04 of the
Revised Code in a case in which the
person was subject to the
sanctions described in division (D) of
that section, or section
2903.06, 2903.07, or 2903.08 of the
Revised Code or a municipal
ordinance that is substantially
similar to section 2903.07 of the
Revised Code in a case in which
the jury or judge found that the
person was under the influence
of alcohol, a drug of abuse, or
alcohol and a drug of abuse, or a statute
of the United States or
of any other state or a municipal ordinance of a
municipal
corporation located
in any other state that is substantially
similar to division (A) or
(B) of section 4511.19 of the Revised
Code, the
person is not entitled to request, and the court shall
not grant
to the person, occupational driving privileges under
this
division. Any other person whose driver's or commercial
driver's
license or nonresident operating privilege has been
suspended
pursuant to division (F) of this section may file in the
court
specified in division (I)(1)(b) of this section a petition
requesting occupational driving privileges in accordance with
section 4507.16 of the Revised Code. The petition may be filed
at
any time subsequent to the date on which the arresting officer
serves the notice of suspension upon the arrested person. Upon
the making of the request, occupational driving privileges may be
granted in accordance with section 4507.16 of the Revised Code.
The court may grant the occupational driving privileges, subject
to the limitations contained in section 4507.16 of the Revised
Code, regardless of whether the person appeals the suspension at
the person's initial appearance under division (H)(1) of
this
section or
appeals the decision of the court made pursuant to the
appeal
conducted at the initial appearance, and, if the person has
appealed the suspension or decision, regardless of whether the
matter at issue has been heard or decided by the court.
(J) When it finally has been determined under the
procedures
of this section that a nonresident's privilege to
operate a
vehicle within this state has been suspended, the
registrar shall
give information in writing of the action taken
to the motor
vehicle administrator of the state of the person's
residence and
of any state in which the person has a license.
(K) A suspension of the driver's or commercial driver's
license or permit of a resident, a suspension of the operating
privilege of a nonresident, or a denial of a driver's or
commercial driver's license or permit pursuant to
division (E) or
(F) of this section shall be
terminated by the
registrar upon
receipt of notice of the person's entering a plea
of guilty to, or
of the person's conviction of, operating a vehicle
while
under the
influence of alcohol, a drug of abuse, or alcohol and a
drug of
abuse or with a prohibited concentration of alcohol in
the blood,
breath, or urine, if the offense for which the plea is
entered or
that resulted in the conviction arose from the same incident
that
led to the suspension or denial.
The registrar shall credit against any judicial suspension
of
a person's driver's or commercial driver's license or permit
or
nonresident operating privilege imposed pursuant to division
(B)
or (E) of section 4507.16 of the Revised Code any time during
which the person serves a related suspension imposed pursuant to
division (E) or (F) of this section.
(L) At the end of a suspension period under this section,
section 4511.196, or division (B) of section 4507.16 of the
Revised Code and upon the request of the person whose driver's or
commercial driver's license or permit was suspended and who is
not
otherwise subject to suspension, revocation, or
disqualification,
the registrar shall return the driver's or
commercial driver's
license or permit to the person upon the
person's compliance with
all of the
conditions specified in divisions (L)(1) and (2)
of
this section:
(1) A showing by the person that the person has proof of
financial
responsibility, a policy of liability insurance in
effect that
meets the minimum standards set forth in section
4509.51 of the
Revised Code, or proof, to the satisfaction of the
registrar,
that the person is able to respond in damages in an
amount at
least equal to the minimum amounts specified in section
4509.51
of the Revised Code.
(2) Subject to the limitation contained in division
(L)(3)
of this section, payment by the person of a license
reinstatement
fee
of four hundred twenty-five dollars to the
bureau of motor
vehicles,
which fee shall be deposited in the state treasury and
credited
as follows:
(a) One hundred twelve dollars and fifty
cents shall be
credited to the statewide
treatment and prevention fund created by
section 4301.30 of the Revised Code.
The fund shall be
used to
pay the costs of driver treatment and
intervention programs
operated pursuant to sections 3793.02 and
3793.10 of the Revised
Code. The director of alcohol and drug
addiction services shall
determine the share of the fund that is
to be allocated to alcohol
and drug addiction programs authorized
by section 3793.02 of the
Revised Code, and the share of the fund
that is to be allocated to
drivers' intervention programs
authorized by section 3793.10 of
the Revised Code.
(b) Seventy-five dollars shall be credited to the
reparations
fund created by section 2743.191 of the Revised Code.
(c) Thirty-seven dollars and fifty cents
shall be credited
to the indigent
drivers alcohol treatment fund, which is hereby
established. Except as
otherwise provided in division
(L)(2)(c)
of this section, moneys in the fund shall be
distributed by the
department of alcohol and drug addiction
services to the county
indigent drivers alcohol
treatment funds, the county juvenile
indigent drivers alcohol treatment funds,
and the municipal
indigent drivers alcohol treatment funds that are
required to be
established by counties and municipal corporations pursuant
to
division (N) of this section, and shall be used only to pay
the
cost of an alcohol and drug addiction treatment program
attended
by an offender or juvenile traffic offender who is
ordered to
attend an alcohol and drug addiction treatment program
by a
county, juvenile, or municipal court judge and who is
determined
by the county, juvenile, or municipal court judge not
to have the
means to pay for attendance at the program or to pay the costs
specified in division (N)(4) of this section in accordance with
that
division. Moneys in the fund that are not
distributed to a
county indigent drivers alcohol treatment fund,
a county juvenile
indigent drivers alcohol treatment fund, or a
municipal indigent
drivers alcohol treatment fund under division
(N) of this section
because the director of alcohol and drug addiction
services does
not have the information necessary to identify the county or
municipal corporation where the offender or juvenile offender was
arrested may
be transferred by the director of budget and
management to the
statewide treatment and prevention
fund created
by section
4301.30 of the Revised Code, upon certification of the
amount by the director
of alcohol and drug
addiction services.
(d) Seventy-five dollars shall be credited to the Ohio
rehabilitation services commission established by section 3304.12
of the Revised Code, to the services for rehabilitation fund,
which is hereby established. The fund shall be used to match
available federal matching funds where appropriate, and for any
other purpose or program of the commission to rehabilitate people
with disabilities to help them become employed and independent.
(e) Seventy-five Sixty dollars shall be deposited into the
state
treasury and credited to the drug abuse resistance education public transportation grant
programs fund, which is hereby established, to be used by the
attorney general for the purposes specified in division
(L)(4) of
this section department of transportation to match available federal public transportation funds and for the department's related operating expenses.
(f) Thirty dollars shall be credited to the state bureau of
motor
vehicles fund created by section 4501.25 of the Revised
Code.
(g) Twenty dollars shall be credited to the trauma and
emergency
medical services grants fund created by section 4513.263
of the
Revised Code.
(h) Fifteen dollars shall be credited to the public safety investigative unit fund, which is hereby established, to be used by the department of public safety investigative unit for the enforcement of the laws and rules described in division (B)(1) of section 5502.14 of the Revised Code.
(3) If a person's driver's or commercial driver's license or
permit is suspended under division (E) or (F) of this
section,
section 4511.196, or
division (B) of section 4507.16 of the
Revised Code, or any combination of the
suspensions described in
division (L)(3) of this section, and if the
suspensions arise from
a single incident or a single set of facts and
circumstances, the
person is liable for payment of, and shall be required to
pay to
the bureau, only one reinstatement fee of four hundred five
dollars. The reinstatement fee shall be distributed by the bureau
in
accordance with division (L)(2) of this section.
(4) The attorney general shall use amounts in the drug abuse
resistance education programs fund to award grants to law
enforcement agencies to establish and implement drug abuse
resistance education programs in public schools. Grants awarded
to a law enforcement agency under division (L)(2)(e) of this
section shall be used by the agency to pay for not more than
fifty
per cent of the amount of the salaries of law enforcement
officers
who conduct drug abuse resistance education programs in
public
schools. The attorney general shall not use more than six
per
cent of the amounts the attorney general's office
receives under
division
(L)(2)(e) of this section to pay the costs it incurs in
administering the grant program established by division (L)(2)(e)
of this section and in providing training and materials relating
to drug abuse resistance education programs.
The attorney general shall report to the governor and the
general assembly each fiscal year on the progress made in
establishing and implementing drug abuse resistance education
programs. These reports shall include an evaluation of the
effectiveness of these programs.
(M) Suspension of a commercial driver's license under
division (E) or (F) of this section shall be concurrent with any
period of disqualification under section 3123.611 or
4506.16 of
the Revised Code or any period of suspension under section
3123.58
of the Revised Code. No person who is disqualified for life from
holding a
commercial driver's license under section 4506.16 of the
Revised
Code shall be issued a driver's license under Chapter
4507. of
the Revised Code during the period for which the
commercial
driver's license was suspended under division (E) or
(F) of this
section, and no person whose commercial driver's
license is
suspended under division (E) or (F) of this section
shall be
issued a driver's license under that chapter during the
period of
the suspension.
(N)(1) Each county shall establish an indigent drivers
alcohol treatment fund, each county shall establish a juvenile
indigent drivers alcohol treatment fund, and each municipal
corporation in which there is a municipal court shall establish
an
indigent drivers alcohol treatment fund. All revenue that the
general assembly appropriates to the indigent drivers alcohol
treatment fund for transfer to a county indigent drivers alcohol
treatment fund, a county juvenile indigent drivers alcohol
treatment fund, or a municipal indigent drivers alcohol treatment
fund, all portions of fees that are paid under division (L) of
this section and that are credited under that division to the
indigent drivers alcohol treatment fund in the state treasury for
a county indigent drivers alcohol treatment fund, a county
juvenile indigent drivers alcohol treatment fund, or a municipal
indigent drivers alcohol treatment fund, and all portions of
fines
that are specified for deposit into a county or municipal
indigent
drivers alcohol treatment fund by section 4511.193 of
the Revised
Code shall be deposited into that county indigent
drivers alcohol
treatment fund, county juvenile indigent drivers
alcohol treatment
fund, or municipal indigent drivers alcohol
treatment fund in
accordance with division (N)(2) of this
section. Additionally,
all portions of fines that are paid for a
violation of section
4511.19 of the Revised Code or division
(B)(2) of section 4507.02
of the Revised Code, and that are
required under division (A)(1),
(2), (5), or (6) of section 4511.99 or
division (B)(5) of section
4507.99 of the Revised Code to be
deposited into a county indigent
drivers alcohol treatment fund
or municipal indigent drivers
alcohol treatment fund shall be
deposited into the appropriate
fund in accordance with the
applicable division.
(2) That portion of the license reinstatement fee that is
paid under division (L) of this section and that is credited
under
that division to the indigent drivers alcohol treatment
fund shall
be deposited into a county indigent drivers alcohol
treatment
fund, a county juvenile indigent drivers alcohol
treatment fund,
or a municipal indigent drivers alcohol treatment
fund as follows:
(a) If the suspension in question was imposed under this
section, that portion of the fee shall be deposited as follows:
(i) If the fee is paid by a person who was charged in a
county court with the violation that resulted in the suspension,
the portion shall be deposited into the county indigent drivers
alcohol treatment fund under the control of that court;
(ii) If the fee is paid by a person who was charged in a
juvenile court with the violation that resulted in the
suspension,
the portion shall be deposited into the county
juvenile indigent
drivers alcohol treatment fund established in
the county served by
the court;
(iii) If the fee is paid by a person who was charged in a
municipal court with the violation that resulted in the
suspension, the portion shall be deposited into the municipal
indigent drivers alcohol treatment fund under the control of that
court.
(b) If the suspension in question was imposed under
division
(B) of section 4507.16 of the Revised Code, that portion
of the
fee shall be deposited as follows:
(i) If the fee is paid by a person whose license or permit
was suspended by a county court, the portion shall be deposited
into the county indigent drivers alcohol treatment fund under the
control of that court;
(ii) If the fee is paid by a person whose license or
permit
was suspended by a municipal court, the portion shall be
deposited
into the municipal indigent drivers alcohol treatment
fund under
the control of that court.
(3) Expenditures from a county indigent drivers alcohol
treatment fund, a county juvenile indigent drivers alcohol
treatment fund, or a municipal indigent drivers alcohol treatment
fund shall be made only upon the order of a county, juvenile, or
municipal court judge and only for payment of the cost of the
attendance at an alcohol and drug addiction treatment program of
a
person who is convicted of, or found to be a juvenile traffic
offender by reason of, a violation of division (A) of section
4511.19 of the Revised Code or a substantially similar municipal
ordinance, who is ordered by the court to attend the alcohol and
drug addiction treatment program, and who is determined by the
court to be unable to pay the cost of attendance at the
treatment
program or for payment of the costs specified in division
(N)(4)
of this section in accordance with that division. The
alcohol and
drug addiction services board or the board of alcohol, drug
addiction, and
mental health services established pursuant to
section 340.02 or
340.021 of
the Revised Code and serving the
alcohol, drug addiction, and mental
health service district in
which the court is located shall
administer the indigent drivers
alcohol treatment program of the
court. When a court orders an
offender or juvenile traffic
offender to attend an alcohol and
drug addiction treatment
program, the board shall determine which
program is suitable to
meet the needs of the offender or juvenile
traffic offender, and
when a suitable program is located and space
is available at the
program, the offender or juvenile traffic
offender shall attend
the program designated by the board. A
reasonable amount not to
exceed five per cent of the amounts
credited to and deposited
into the county indigent drivers alcohol
treatment fund, the
county juvenile indigent drivers alcohol
treatment fund, or the
municipal indigent drivers alcohol
treatment fund serving every
court whose program is administered
by that board shall be paid
to the board to cover the costs it
incurs in administering those
indigent drivers alcohol treatment
programs.
(4) If a county, juvenile, or municipal court determines, in
consultation with the alcohol and drug addiction services board or
the board
of alcohol, drug addiction, and mental health services
established pursuant to
section 340.02 or 340.021 of the Revised
Code
and serving the alcohol, drug addiction, and
mental health
district in which the court is located, that
the funds in the
county indigent drivers alcohol treatment fund, the county
juvenile indigent drivers alcohol treatment fund, or the municipal
indigent
drivers alcohol treatment fund under the control of the
court are more than
sufficient to satisfy the purpose for which
the fund was established, as
specified in divisions (N)(1) to (3)
of this section, the
court may declare a surplus in the fund. If
the court declares a surplus in
the fund, the court may expend the
amount of the surplus in the fund for
alcohol and drug abuse
assessment and treatment of persons who are charged in
the court
with committing a criminal offense or with being a delinquent
child
or juvenile traffic offender and in relation to whom both of
the following
apply:
(a) The court determines that substance abuse was a
contributing factor leading to the criminal or delinquent activity
or the
juvenile traffic offense with which the person is charged.
(b) The court determines that the person is unable
to pay
the cost of the alcohol and drug abuse assessment and treatment
for
which the surplus money will be used.
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. 4561.18. Applications for the licensing and
registration of aircraft shall be made and signed by the owner
thereof upon forms prepared by the department of transportation
and shall contain a description of the aircraft, including its
federal registration number, and such other information as is
required by the department.
Applications shall be filed with the director of
transportation during the month of January, annually and shall be
renewed according to the standard renewal procedure of sections
4745.01 to 4745.03 of the Revised Code. Application for
registration of any aircraft not previously registered in this
state, if such aircraft is acquired or becomes subject to such
license tax subsequent to the last day of January in any year,
shall be made for the balance of the year in which the same is
acquired, within forty-eight hours after such acquisition or
after becoming subject to such license tax. Each such
application shall be accompanied by the proper license tax, which
shall be at the following rates: For, for aircraft other than
gliders, listed by the manufacturer thereof as having a maximum
seating capacity of either one or two persons, six dollars
annually; three persons, eight dollars annually; four persons,
twelve dollars annually; five persons, fifteen dollars annually;
over five persons, fifteen dollars plus five dollars for each
person in excess thereof, annually; and shall be at the annual rate of one hundred dollars per aircraft. The license tax for gliders, shall be three
dollars annually.
Such taxes are in lieu of all other taxes on or with
respect to ownership of such aircraft.
Sec. 4561.21. (A) The director of transportation shall deposit all license taxes
and transfer fees in the state treasury to the credit of the general fund.
(B) The director shall deposit all license taxes in the state treasury to the credit of the county airport maintenance assistance fund, which is hereby created. Money in the fund shall be used to assist counties in maintaining the airports they own, and the director shall distribute the money to counties in accordance with such procedures, guidelines, and criteria as the director shall establish.
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 dollars;
(3) For filing an embalmer or funeral director certificate
of
apprenticeship, ten dollars;
(4) For the application to take the examination for a
license to practice as an embalmer or funeral director, or to
retake a section of the examination, thirty-five dollars;
(5) For the
biennial renewal of an embalmer's or funeral
director's license,
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. 4723.063. (A) As used in this section:
(1) "Health care facility" means:
(a) A hospital registered under section 3701.07 of the Revised Code;
(b) A nursing home licensed under section 3721.02 of the Revised Code, or by a political subdivision certified under section 3721.09 of the Revised Code;
(c) A county home or a county nursing home as defined in section 5155.31 of the Revised Code that is certified under Title XVIII or XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, amended;
(d) A freestanding dialysis center;
(e) A freestanding inpatient rehabilitation facility;
(f) An ambulatory surgical facility;
(g) A freestanding cardiac catheterization facility;
(h) A freestanding birthing center;
(i) A freestanding or mobile diagnostic imaging center;
(j) A freestanding radiation therapy center.
(2) "Nurse education program" means a prelicensure nurse education program approved by the board of nursing under section 4723.06 of the Revised Code or a postlicensure nurse education program approved by the board of regents under section 3333.04 of the Revised Code.
(B) The state board of nursing shall establish and administer the nurse education grant program. Under the program, the board shall award joint grants to nurse education programs and health care facilities. Joint grant recipients shall use the money to fund partnerships to increase the nurse education program's enrollment capacity by hiring clinical faculty and preceptors and purchasing educational equipment and materials. Partnerships may be developed between one or more nurse education programs and one or more health care facilities.
In awarding grants, the board shall give preference to partnerships between nurse education programs and hospitals, nursing homes, and county homes or county nursing homes, but may also award grants to fund partnerships between nurse education programs and other health care facilities.
(C) The board shall adopt rules in accordance with Chapter 119. of the Revised Code establishing the following:
(1) Eligibility requirements for receipt of a grant;
(2) Grant application forms and procedures;
(3) The amounts in which grants may be made and the total amount that may be jointly awarded to a nurse education program and health care facility;
(4) A method whereby the board may evaluate the effectiveness of a partnership between joint recipients in increasing the nurse education program's enrollment capacity;
(5) The percentage of the money in the fund that must remain in the fund at all times to maintain a fiscally responsible fund balance;
(6) Any other matters incidental to the operation of the program.
(D) From January 1, 2004, until December 31, 2013, the ten dollars of each biennial nursing license renewal fee collected under section 4723.08 of the Revised Code shall be dedicated to the nurse education grant program fund, which is hereby created in the state treasury. The board shall use money in the fund for grants awarded under division (A) of this section and for expenses of administering the grant program. The amount used for administrative expenses in any year shall not exceed ten per cent of the amount transferred to the fund in that year.
(E) Each quarter, for the purposes of transferring funds to the nurse education grant program, 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 ten dollars.
(F) Notwithstanding the requirements of section 4743.05 of the Revised Code, from January 1, 2004, until December 31, 2013, 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 grant program fund the amount certified under division (E) of this section.
Sec. 4723.08. (A) The board of nursing may impose fees
not
to exceed the following limits:
(1) For application for licensure by examination to
practice
nursing as a registered nurse or as a licensed practical
nurse,
fifty 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 January 1, 2004, forty-five
dollars;
(10)
For biennial renewal of a nursing license that expires
on or after
September 1, 2003, forty-five January 1, 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. 4725.01. As used in this chapter:
(A)(1) The "practice of optometry" means the application
of optical principles, through technical methods and devices, in
the examination of human eyes for the purpose of ascertaining
departures from the normal, measuring their functional powers,
adapting optical accessories for the aid thereof, and detecting
ocular abnormalities that may be evidence of disease, pathology,
or injury.
(2) In the case of a licensed optometrist who holds a
topical ocular pharmaceutical agents certificate, the "practice
of optometry" has the same meaning as in division (A)(1) of this
section, except that it also includes administering topical
ocular pharmaceutical agents for the purposes set forth in
division (A)(1) of this section.
(3) In the case of a licensed optometrist who holds a
therapeutic pharmaceutical agents certificate, the "practice of
optometry" has the same meaning as in divisions (A)(1) and (2) of
this section, except that it also includes employing, applying,
administering, and prescribing instruments, devices, procedures
other than invasive procedures, and therapeutic pharmaceutical
agents for the following purposes:
(a) Examination, investigation, diagnosis, or prevention
of any disease, injury, or other abnormal condition of the visual
system;
(b) Treatment or cure of any disease, injury, or other
abnormal condition of the anterior segment of the human eye.
(B) "Topical ocular pharmaceutical agents" means:
(1) Proparacaine hydrochloride in a potency not exceeding
five-tenths of one per cent ophthalmic solution;
(2) Benoxinate hydrochloride in a potency not exceeding
four-tenths of one per cent ophthalmic solution;
(3) Phenylephrine hydrochloride in a potency not exceeding
two and five-tenths per cent ophthalmic solution;
(4) Hydroxyamphetamine hydrobromide in a potency not
exceeding one per cent ophthalmic solution;
(5) Tropicamide in a potency not exceeding one per cent
ophthalmic solution;
(6) Cyclopentolate in a potency not exceeding one per cent
ophthalmic solution;
(7) Any other topical ocular pharmaceutical agents if the
primary indications for their use are consistent with the
purposes set forth in division (A)(1) of this section, their new
drug application is approved by and the potency in which they may
be used for evaluative purposes has been established by the
federal food and drug administration after January 1, 1983, and
their use for the purposes set forth in division (A)(1) of this
section has been approved by rule of the state vision board of
optometry.
(C) "Therapeutic pharmaceutical agent" means a topical
ocular pharmaceutical agent or any of the following drugs or
dangerous drugs that is used for examination, investigation, diagnosis, or
prevention of disease, injury, or other abnormal condition of the
visual system or for treatment or cure of disease, injury, or
other abnormal condition of the anterior segment of the human eye
and is an anti-microbial, anti-allergy, anti-glaucoma, topical
anti-inflammatory, or cycloplegic agent, or an analgesic:
(1) A topical ophthalmic preparation;
(2) Oral dosage of any of the following drugs:
(e) Glycerin in a fifty per cent solution;
(f) Isosorbide in a forty-five per cent solution;
(h) Analgesics that may be legally sold without
prescription;
(j) Ampicillin in a two hundred fifty milligram or five
hundred milligram dosage;
(k) Cefaclor in a two hundred fifty milligram or five
hundred milligram dosage;
(l) Cephalexin in a two hundred fifty milligram or five
hundred milligram dosage;
(m) Dicloxacillin in a two hundred fifty milligram or five
hundred milligram dosage;
(n) Doxycycline in a fifty milligram or one hundred
milligram dosage;
(o) Erythromycin in a two hundred fifty milligram, three
hundred and thirty-three milligram, or five hundred milligram
dosage;
(p) Penicillin VK in a two hundred fifty milligram or five
hundred milligram dosage;
(q) Tetracycline in a two hundred fifty milligram or five
hundred milligram dosage.
(3) Any other oral dosage of a drug or dangerous drug that
is listed by rule adopted by the state vision board of optometry under
section 4725.09 of the Revised Code.
(D) "Drug" and "dangerous drug" have the same meanings as in
section 4729.01 of the Revised Code.
(E) "Invasive procedure" means any procedure that involves
cutting or otherwise infiltrating human tissue by mechanical
means including surgery, laser surgery, ionizing radiation,
therapeutic ultrasound, administering medication by injection, or
the removal of intraocular foreign bodies.
(F) "Visual system" means the human eye and its accessory
or subordinate anatomical parts.
(G) "Certificate of licensure" means a certificate issued
by the state vision board of optometry under division (A) of section 4725.13 of
the
Revised Code authorizing the holder to practice optometry as
provided in division (A)(1) of this section or under division (E) of section 4725.13 of the Revised Code authorizing the holder to practice optical dispensing.
(H) "Topical ocular pharmaceutical agents certificate"
means a certificate issued by the state vision board of optometry under division (A) of
section 4725.13 of the Revised Code authorizing the
holder to
practice optometry as provided in division (A)(2) of this
section.
(I) "Therapeutic pharmaceutical agents certificate" means
a certificate issued by the state vision board of optometry under
division (A)(3) or (4) of section 4725.13 of the
Revised Code
authorizing the holder to practice optometry as provided in
division (A)(3) of this section.
(J) "Optical aid" means an instrument or device prescribed by a physician or optometrist licensed by any state to correct human vision, including spectacles, eyeglasses, contact lenses, and accessories. Contact lenses shall be dispensed only in accordance with a written prescription designated for contact lenses.
(K) "Optical dispensing" means interpreting but not altering a prescription of a licensed physician or optometrist and designing, adapting, fitting, or replacing the prescribed optical aids, pursuant to such prescription, to or for the intended wearer; duplicating lenses, other than contact lenses, accurately as to power without a prescription; and duplicating nonprescription eyewear and parts of eyewear. "Optical dispensing" does not include selecting frames, transacting a sale, transferring an optical aid to the wearer after an optician has completed fitting it, or providing instruction in the general care and use of an optical aid, including placement, removal, hygiene, or cleaning.
(L) "Licensed dispensing optician" means a person holding a current, valid certificate of licensure that authorizes the person to engage in optical dispensing. Nothing in this chapter shall be construed to permit a licensed dispensing optician to alter the specifications of a prescription.
(M) "Licensed spectacle dispensing optician" means a licensed dispensing optician authorized to engage in the dispensing of optical aids other than contact lenses.
(N) "Licensed contact lens dispensing optician" means a licensed dispensing optician authorized to engage only in the dispensing of contact lenses.
(O) "Licensed spectacle-contact lens dispensing optician" means a licensed dispensing optician authorized to engage in the dispensing of any optical aid.
(P) "Apprentice" means any person dispensing optical aids under the direct supervision of a licensed dispensing optician.
(Q) "Prescription" means the written or verbal directions or instructions as specified by a physician or optometrist licensed by any state for preparing an optical aid for a patient.
(R) "Supervision" means the provision of direction and control through personal inspection and evaluation of work.
(S) "Licensed ocularist" means a person holding a current, valid certificate of licensure issued by the state vision board that authorizes the person to engage in the practice of designing, fabricating, and fitting artificial eyes or prostheses associated with the appearance or function of the human eye.
Sec. 4725.02. (A) Except as provided in section 4725.26 of the Revised Code,
no person shall engage in the practice
of optometry, including the determination of the
kind of procedure, treatment, or optical accessories
needed by a person or the examination of the eyes
of any
person for the purpose of fitting the same with optical accessories,
unless the person
holds a current, valid
certificate of licensure as an optometrist from the state vision board of optometry. No
person shall claim to be the lawful holder
of such a
certificate of licensure when in fact the person is not such
lawful
holder,
or
impersonate any licensed optometrist.
(B) No optometrist shall administer topical ocular
pharmaceutical agents unless the optometrist holds a valid
topical ocular
pharmaceutical agents certificate or therapeutic pharmaceutical
agents certificate and fulfills the other requirements of this
chapter.
(C) No optometrist shall practice optometry as described
in division (A)(3) of section 4725.01 of the Revised Code unless
the optometrist holds a valid therapeutic pharmaceutical
agents certificate.
(D) No optometrist shall personally furnish a
therapeutic
pharmaceutical agent to any person, except that a licensed
optometrist who holds a therapeutic pharmaceutical agents
certificate may personally furnish a therapeutic
pharmaceutical agent to a
patient if no charge is imposed for the agent or for
furnishing it and the
amount
furnished does not exceed a seventy-two hour supply, except
that
if the minimum available quantity of the agent is
greater than
a seventy-two hour supply, the optometrist may furnish
the
minimum available quantity.
(E)(1) No person shall engage in optical dispensing or hold themselves out as being engaged in optical dispensing unless the person holds a current, valid certificate of licensure from the state board as a dispensing optician. No person shall claim to be the lawful holder of such a certificate of licensure when in fact the person is not such a lawful holder, or impersonate a licensed dispensing optician.
(2) No person shall engage in the designing, fabricating, and fitting of an artificial eye or of prostheses associated with the appearance or function of the human eye unless the person is licensed as an ocularist by the state board.
(F) After dispensing contact lenses pursuant to the written prescription of a licensed physician or a licensed optometrist, each licensed contact lens dispensing optician shall, in writing, immediately inform the patient to return back to the prescribing physician or optometrist for final evaluation.
Sec. 4725.03. The governor, with the advice and consent of
the senate, shall appoint a There is hereby created the state vision board of optometry consisting
of six nonmedical seven residents of this state, five of whom
shall be
persons actually engaged in the practice of optometry for five
years preceding appointment and one of whom shall be a member of
the public at least sixty years of age three appointed by the governor, two appointed by the speaker of the house of representatives, and two appointed by the president of the senate. Terms Thereafter, terms of office shall be
five seven years, commencing on the twenty-sixth day of September and
ending on the twenty-fifth day of September. The governor, speaker of the house of representatives, and president of the senate, shall each make one initial appointment for a three-year term. The remaining initial appointments shall be for six-year terms. Each member shall
hold office from the date of appointment until the end of the
term for which 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. A member shall continue in
office subsequent to
the expiration date of the member's term until
the member's successor takes office,
or until a period of sixty days has elapsed, whichever occurs
first. No person shall serve as a member for more
than two terms.
Sec. 4725.04. The state vision board of optometry shall organize
by the election of a president and a secretary from its members,
who shall hold their respective offices for one year.
The board shall hold meetings to perform its regular duties at
least
four times each year. At least one of the board's
regular
meetings shall be held in
Columbus. The board may hold additional meetings as it considers
necessary. The time and place of any regular or
other meeting shall be fixed
and published by the board at least thirty days prior to
the date
that it is to be held, except when the meeting to be held is an
emergency or special meeting, in which case the board shall give twenty-four
hours' notice or as much notice as possible under the circumstances.
A majority of the board constitutes a quorum, but a lesser
number may adjourn from time to time.
The office of budget and management shall determine a location for the office of the board, where all of the board's permanent records shall be kept.
Sec. 4725.05. The state vision board of optometry shall employ an executive
director, to serve at the pleasure of the board. Before entering upon the discharge of
official
duties of office, the executive director shall give a bond, to be
approved by
the board, in the
sum of two thousand dollars conditioned for the faithful
discharge of the duties of the office. The
premium for such bond
shall be paid as are other expenditures of the board. The
bond,
with the approval of the board and oath of office indorsed
thereon, shall be deposited with the secretary of state and kept
in the secretary of state's office.
The board may employ up to ten persons, who may include such assistants, inspectors,
investigators, and clerical help as are necessary to administer
and enforce sections 4725.01 to 4725.34 of the Revised
Code, the
expenses thereof to be charged and paid as other expenditures of
the board. The staff shall serve at the pleasure of the executive director.
Sec. 4725.06. Each member of the state vision board of optometry shall receive an
amount fixed pursuant to division (J) of section 124.15 of the Revised Code
for each day actually employed in the discharge of the official
duties of the member, and the necessary expenses of the member serve without compensation.
The executive director members of the board shall receive
reimbursement for
necessary travel expenses incurred in the
discharge of the executive director's their official
duties.
All vouchers of the board shall be approved by the board
president or executive director, or both, as
authorized by the board.
Sec. 4725.07. The state vision board of optometry shall adopt a
seal and certificate of suitable design and shall keep a record
of its proceedings, a register of persons who have received
certificates of licensure, a register of licensed optometrists
who have received topical ocular pharmaceutical agents
certificates, a register of licensed optometrists who have
received therapeutic pharmaceutical agents certificates, and a
register of persons who have been subject to the
board's revocation of any of those certificates.
The board shall have an office in Columbus, where
all its permanent records
shall be kept. The board may make requisition upon the proper
state officials for office rooms and supplies, including
stationery and furniture. All printing and binding necessary for
the work of the board shall be done upon an order issued by the
board through its president and executive director to
the department of
administrative services.
Except as provided in division (C) of section 4725.22
and division (C) of section 4725.23 of the Revised Code, the records of the
board, including its registers, shall be open to public
inspection
at all reasonable times. A copy of an entry in such
records,
certified
by the executive director under the seal of the board,
shall be
prima-facie evidence of the facts therein stated.
The board annually, on or before the first day of February,
shall make a report to the governor of all its official acts
during the preceding year, its receipts and disbursements, and a
complete report of the conditions of optometry and of the practice of optical dispensing in this state.
Sec. 4725.08. In the absence of fraud or bad faith,
the state vision board of optometry, a current or former board member, an agent of
the
board,
a person formally requested by the board to be the board's representative,
or an employee of the board
shall not be held
liable in
damages to any person as the result of any act, omission,
proceeding, conduct, or decision related to official duties
undertaken or performed pursuant to sections 4725.01 to 4725.34 of the Revised Code. If
any such person asks to be defended
by the
state against any claim or action arising out of
any act, omission, proceeding, conduct, or decision related to
the person's official duties, and if the request is made in
writing at a reasonable time before trial and the person
requesting defense cooperates in good faith in the defense of the
claim or action, the state shall provide and pay for the person's defense
and shall pay any resulting judgment, compromise, or
settlement. At no time shall the state pay any part of a claim
or judgment that is for punitive or exemplary damages.
Sec. 4725.09. (A) The state vision board of optometry shall
adopt
rules as it considers necessary to govern the practice of
optometry and to administer and enforce sections 4725.01 to
4725.34 of the Revised Code. All rules adopted
under sections
4725.01 to 4725.34 of the Revised
Code shall be adopted in
accordance with Chapter
119. of the Revised Code.
(B) The board, in consultation with the state board of
pharmacy, shall adopt rules specifying oral dosages of drugs or
dangerous drugs that are therapeutic pharmaceutical agents under
division (C)(3) of section 4725.01 of the Revised
Code.
(C) The board shall adopt rules that establish standards to
be
met and procedures to be followed with respect to the
delegation
by an optometrist of the performance of an optometric
task to a
person who is not licensed or otherwise specifically
authorized by
the Revised Code to perform the task. The rules
shall
permit an
optometrist who holds a topical ocular
pharmaceutical agents certificate or
therapeutic pharmaceutical
agents certificate to
delegate the administration of drugs
included in the optometrist's
scope of practice.
The rules adopted under this division shall provide for all
of the
following:
(1) On-site supervision when the delegation occurs in an
institution or
other facility that is used primarily for the
purpose of providing health
care, unless the board established a
specific exception to the on-site
supervision requirement with
respect to routine administration of a topical
drug;
(2) Evaluation of whether delegation is appropriate
according to the
acuity of the patient involved;
(3) Training and competency requirements that must be met by
the person
administering the drugs;
(4) Other standards and procedures the board considers
relevant.
(D) The board shall adopt rules as it considers necessary to govern the practice of optical dispensing and to administer and enforce the processing of applications for licensure as licensed dispensing opticians; the scheduling, administration, and supervision of qualifying examinations; the issuance of certificates of licensure to qualified individuals; the revocation and suspension of certificates of licensure; and the maintenance of related records. The board may adopt rules governing the employment of licensed 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. 4725.10. (A) The state vision board of optometry
shall evaluate schools of optometry and grant its approval to
schools that adequately prepare their graduates for the
practice of optometry in this state. Approval shall be granted
only by an affirmative vote of a majority of the members of the
board.
(B) To be approved by the board,
a school of
optometry
shall meet at least the following conditions:
(1) Be accredited by a professional optometric accrediting
agency recognized by the board;
(2) Require as a prerequisite to admission to the school's
courses in optometry
at least two academic years of study with
credits of at least sixty semester hours or ninety quarter hours
in a college of arts and sciences accredited by
a post-secondary education accrediting organization recognized
by the board;
(3) Require a course of study of at least four academic years with
credits of at least one hundred thirty-four semester hours or two
hundred quarter hours.
(C) The board may establish
standards for the approval of schools of optometry
that are higher than the standards specified in division
(B) of this section.
Sec. 4725.11. (A) The state vision board of optometry shall
accept as the examination that must be passed to receive a
license to practice optometry in this state the examination
prepared, administered, and graded by the national board of
examiners in optometry or an examination prepared, administered,
and graded by another professional testing organization
recognized by the board as being qualified to examine applicants
for licenses to practice optometry in this state. The board
shall periodically review its acceptance of a licensing examination under
this section to determine if the examination and the
organization offering it continue to meet standards the
board considers appropriate.
(B) The licensing examination accepted by the board under this
section may be
divided into parts and offered as follows:
(1) Part one: Tests in
basic science, human biology, ocular and visual biology,
theoretical ophthalmic, physiological optics, and physiological
psychology;
(2) Part two: Tests
in clinical science, systemic conditions, the treatment and
management of ocular disease, refractive oculomotor, sensory
integrative conditions, perceptual conditions, public health,
the legal issues regarding the clinical practice of optometry,
and pharmacology;
(3) Part three: Tests in patient care and
management, clinical skills, and the visual recognition and
interpretation of clinical signs.
(C) The licensing examination accepted by the board
may be offered in a manner other than the manner
specified in division (B) of this section, but if offered
in another manner, the examination must test the person sitting
for the examination in the areas specified in
division (B) of this section and may test the person in other areas.
The board may require as a condition of its acceptance of an
examination that the examination cover subject matters in
addition to those specified in division (B) of this
section, if the schools of optometry it approves under section
4725.10 of the Revised Code include the additional
subject matters in their prescribed curriculum.
(D) The board shall accept direct delivery of the
results of the licensing examination from the testing
organization administering the examination. The results shall
be kept as a permanent part of the board's records maintained
pursuant to section 4725.07 of the Revised Code.
(E) On request of any person seeking to practice
optometry in this state, the board shall provide information on
the licensing examination accepted by the board,
including requirements that must be met to be eligible to sit
for the examination and the dates the examination is offered.
Sec. 4725.12. (A) Each person who desires to
commence the
practice of optometry in the state shall file with the
executive director of the state vision
board of optometry a written application for
a certificate of licensure and a therapeutic pharmaceutical
agents certificate. The application
shall be
accompanied by the fees specified under section
4725.34 of the
Revised Code and shall
contain all information the board considers necessary to
determine whether an applicant is qualified to receive the certificates.
The application shall be
made upon the form prescribed by the board and shall be verified by
the oath of the applicant.
(B) To receive a certificate of licensure as an optometrist and a
therapeutic pharmaceutical agents certificate, an applicant must meet all of
the following conditions:
(1) Be at least eighteen years of
age;
(2) Be of good
moral character;
(3) Complete satisfactorily a course of study
of at least six college years;
(4) Graduate from a school of
optometry approved by the board under section
4725.10 of the Revised Code;
(5) Pass the licensing examination accepted by the board
under section 4725.11 of the Revised Code.
(C)(1) Any person who desires to engage in optical dispensing shall file a properly completed written application for examination with the executive director of the board. The application shall be made on a form provided by the board and shall be accompanied by an examination fee the board shall establish by rule. Applicants shall return the application to the board at least sixty days prior to the date the examination is scheduled to be administered. No person is eligible to take the examination unless they are at least eighteen years of age, of good moral character, free of contagious or infectious disease, and a graduate of an accredited high school of any state or having an education equivalent thereto.
(2) Except as provided in division (C)(3) of this section, each person who desires to dispense optical aids is eligible to take the qualifying examination for such practice, if, in addition to satisfying the criteria of division (C)(1) of this section, the person successfully completed either of the following:
(a) 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;
(b) 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.
(3) A registered apprentice or a student in an approved college level program in optical dispensing may take the qualifying examination after completion of one year of the apprenticeship or program but is not eligible for licensure until they have completed the second year of the apprenticeship or program.
(4) 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 application fee and proof that the applicant has met the requirements for licensure. The board shall establish, by rule, the application fee and the minimum requirements for licensure, including education, examination, and experience standards recognized by the board as meeting national standards for ocularists. The board shall issue a license to practice as an ocularist to an applicant who satisfies the requirements of division (C)(4) of this section.
(D)(1) The board shall examine each applicant eligible for examination under division (C) of this section. The board may provide for the examination of applicants by designing, preparing, and administering the qualifying examinations or by contracting with a testing service that is nationally recognized as being capable of determining competence to dispense optical aids as a licensed spectacle dispensing optician, a licensed contact lens dispensing optician, or a licensed spectacle-contact lens dispensing optician. Any examination used shall be designed to measure specific performance requirements, be professionally constructed and validated, and be independently and objectively administered and scored, in order to determine the applicant's competence to dispense optical aids.
(2) The board shall ensure that it, or the testing service with which it contracts, does all of the following:
(a) Provides public notice as to the date, time, and place for each qualifying examination at least ninety days prior to the examination;
(b) Offers each qualifying examination at least twice each year in Columbus, except as provided by division (D)(3) of this section;
(c) Provides to each applicant all forms necessary to apply for examination;
(d) Provides all materials and equipment necessary for the applicant to take the qualifying examination.
(3) If the number of applicants for any qualifying examination under this division is less than ten, the board may postpone the examination. The board or testing service shall provide the applicant with written notification of the postponement and of the next date the qualifying examination is scheduled to be administered.
(4) The board may not limit the number of times that an applicant may repeat a qualifying examination under this division, except that, if an applicant fails an examination for a third time, the board may require that the applicant, prior to retaking the examination, undergo additional study in the areas of the examination in which the applicant experienced difficulty.
(E) 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, without the necessity of examination, upon the payment of a seventy-five dollar fee and the submission of a certified copy of the license or certificate issued by the other state, if the board determines that the applicant has the required amount of experience or education and meets the requirements of division (C)(1) of this section.
(F) The board shall issue to each person who qualifies for licensure as a licensed dispensing optician, under its seal, a certificate of licensure entitling them to practice as a licensed spectacle dispensing optician, licensed contact lens dispensing optician, or licensed spectacle-contact lens dispensing optician. The appropriate certificate of licensure shall be issued no later than sixty days after the board notifies the applicant of its approval for licensure. The board shall establish, by rule, a license fee.
(G) Each licensed dispensing optician shall display the optician's certificate of licensure in a conspicuous place in the optician's office or place of business. If a licensed dispensing optician maintains more than one office or place of business, the optician shall display a duplicate copy of the 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 fee for each duplicate copy.
(H) Any licensed dispensing optician may supervise a maximum of three apprentices who may engage in optical dispensing only under the supervision of the licensed dispensing optician. A person serving as an apprentice shall register annually with the 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 registration fee of ten dollars. A person who is gaining experience under the supervision of a licensed optometrist or ophthalmologist that would qualify them to take the examination to engage in optical dispensing is not required to register with the board.
Sec. 4725.13. (A) The state vision board of
optometry, by an affirmative vote of a majority of its
members, shall
issue certificates of licensure to practice optometry under its seal as
follows:
(1) Every applicant who, prior to May 19, 1992,
passed the
licensing examination
then in effect, and who otherwise complies with sections 4725.01
to 4725.34 of the Revised Code shall receive from the
board a
certificate of licensure authorizing the holder to engage
in the
practice of optometry as provided in division (A)(1) of section
4725.01 of the Revised Code.
(2) Every applicant who, prior to May 19, 1992,
passed the general
and ocular
pharmacology examination then in effect, and who otherwise
complies with sections 4725.01 to 4725.34 of the
Revised Code,
shall receive from the board a separate topical ocular
pharmaceutical agents certificate authorizing the holder
to administer
topical ocular pharmaceutical agents as provided in division
(A)(2) of section 4725.01 of the Revised Code and in accordance
with sections 4725.01 to 4725.34 of the Revised Code.
(3) Every applicant who holds a valid certificate of
licensure issued prior to May 19, 1992, and
meets the requirements of section 4725.14 of the
Revised Code
shall receive from the board a separate therapeutic
pharmaceutical agents certificate authorizing the holder
to engage in
the practice of optometry as provided in division (A)(3) of
section 4725.01 of the Revised Code.
(4) Every applicant who, on or after May 19,
1992, passes all parts of the
licensing examination accepted by the board under section 4725.11 of the
Revised Code
and otherwise complies with the
requirements of sections 4725.01 to 4725.34 of the
Revised Code
shall receive from the board a certificate of licensure
authorizing the holder to engage in the practice of
optometry as
provided in division (A)(1) of section 4725.01 of the Revised
Code and a separate therapeutic pharmaceutical agents certificate
authorizing the holder to engage in the practice of
optometry as
provided in division (A)(3) of that section.
(B) Each person to whom a certificate is issued by the board shall
keep the certificate displayed in a conspicuous place in the
location at which that person practices optometry and shall
whenever required exhibit the certificate to any member or agent
of the board. If an optometrist
practices outside of or away from the location at which
the optometrist's certificate of licensure is displayed,
the optometrist shall deliver to
each person examined or fitted with optical
accessories by
the optometrist, a
receipt signed by the optometrist
in which the
optometrist shall set forth the amounts
charged, the optometrist's post-office address, and the
number assigned to the optometrist's
certificate of licensure. The information may be provided as part of a
prescription given to the person.
(C) A person who, on May 19, 1992,
holds a valid
certificate of licensure
or topical ocular pharmaceutical agents certificate issued by the
board may continue to engage in the practice
of optometry as provided by the certificate of licensure or
topical ocular pharmaceutical agents certificate if the
person continues to comply with sections 4725.01 to 4725.34 of the
Revised Code as required by the certificate of licensure or
topical ocular pharmaceutical agents certificate.
Sec. 4725.15. If the state vision board of optometry receives notice
under division (D) of section 4725.11 of the
Revised Code that an applicant has failed four
times the licensing examination or part of the examination that must be passed
pursuant to section
4725.12 or 4725.14 of the Revised Code for a certificate of licensure as an optometrist, the board
shall not give further consideration to the application until
the applicant completes thirty hours of remedial training
approved by the board in the specific subject area or areas
covered by the examination or part of the examination that was failed.
Sec. 4725.16. (A) Each certificate of licensure, topical ocular
pharmaceutical
agents certificate, and therapeutic pharmaceutical agents
certificate issued by the
state vision board of optometry shall
expire annually on the last day of December, and may be
renewed in accordance with this section and the standard renewal
procedure established under Chapter 4745. of the
Revised Code.
(B) All licensed optometrists shall annually
complete continuing education in
subjects relating
to the practice of optometry, to the end that
the utilization and application of new techniques, scientific and
clinical advances, and the achievements of research will assure
comprehensive care to the public. The board shall prescribe by
rule the continuing optometric education that licensed
optometrists must complete. The length of study shall be
determined
by the board but shall be not less than six nor more than
twenty-five clock hours each year, except that the board shall
prescribe an
additional five clock hours of instruction in pharmacology
to be
completed by optometrists who hold topical ocular pharmaceutical
agents certificates or therapeutic pharmaceutical agents
certificates.
Unless the continuing education required under this division
is waived or deferred under division (D) of this section,
the continuing education must be completed during the
twelve-month period beginning on the first day of October
and ending on the last day of September. If the board
receives notice from a continuing education program indicating
that an optometrist completed the program after the last day of
September, and the optometrist wants to use the continuing
education completed after that day to renew the license that
expires on the last day of December of that year, the
optometrist shall pay the penalty specified under section
4725.34 of the Revised Code for late completion of
continuing education.
At least once annually, the board shall mail to
each licensed optometrist a list of courses approved in
accordance with standards prescribed by board rule. Upon the
request of a licensed optometrist, the executive
director of the board
shall supply a list of additional courses that the board
has
approved subsequent to the most recent mailing of the list of
approved courses.
(C) Annually, by the first day of
November, the board shall mail
to each licensed optometrist a notice regarding license renewal and
include with the notice an application for license renewal. The
application shall be in such form and require such pertinent
professional biographical data as the board may require. An optometrist
seeking to continue to practice optometry shall file the renewal application
with the board. Filing
the application shall serve as notice by the optometrist
that the continuing
optometric education requirement has been successfully completed.
If the board finds that an optometrist has not completed the
required continuing optometric education, the board
shall
disapprove the optometrist's application. The board's disapproval of
renewal is
effective without a hearing, unless a hearing is requested pursuant to
Chapter 119. of the Revised Code. The board shall refuse to accept
an application for renewal from any applicant whose license is not in good
standing or who is under disciplinary review pursuant to section 4725.19 of
the Revised Code. Notice
of an applicant's failure to qualify for renewal
shall be
served upon the applicant
by
mail, which shall be sent on or before the fifteenth
day of November
to the address shown in the board's records.
(D) In cases of certified illness or undue hardship, the
board may waive or defer for up to twelve months the
requirement of continuing optometric education, except that in such
cases
the board may not waive or defer the continuing education in pharmacology
required to be completed by optometrists who hold topical ocular
pharmaceutical agents certificates or therapeutic pharmaceutical agents
certificates. The board shall waive the
requirement of continuing optometric education for any
optometrist who is serving in the armed forces of the United
States or who has received an
initial certificate of licensure during the nine-month period which ended
on the last day of September.
(E) The board shall approve all applications for renewal that are not
disapproved or refused under division (C) of this
section. An optometrist whose renewal application has been
approved may renew each
certificate held by paying to the treasurer of state the fees for
renewal specified under section
4725.34 of the Revised Code. On
payment of all applicable fees, the board shall
issue a renewal of the optometrist's
certificate of licensure, topical ocular pharmaceutical agents
certificate, and therapeutic pharmaceutical agents certificate, as
appropriate.
(F) A notice shall be sent
to every
licensed optometrist who fails to file the
renewal application provided under division (C) of this
section, at the
optometrist's last address, at least
one month in advance of the last day of December, which is the
date of expiration. A second
notice shall be sent
prior to any action under division (I) of this
section to classify the optometrist's certificates as
delinquent, to every optometrist failing to
respond to the preceding notice.
(G) The failure of an optometrist to
apply for license renewal or the failure to pay
the applicable annual
renewal fees on
or before the date of
expiration, shall
automatically work a forfeiture of the optometrist's
authority to practice optometry in this state.
(H) The board shall accept renewal applications and renewal fees that are
submitted from the first day of January to the last day of
April of
the year next succeeding the date of expiration. An individual who submits
such a late renewal application or fee shall pay the late renewal fee
specified in section 4725.34 of the Revised Code.
(I)(1) If the certificates issued by the
board to an individual a licensed optometrist have expired and the individual optometrist
has not filed a complete application during the late renewal period, the
individual's certificates shall be classified in the board's records as
delinquent.
(2) Any optometrist subject to delinquent
classification
may submit a written application
to the board for reinstatement. For reinstatement to
occur, the applicant must meet all of the following conditions:
(a) Submit to the board evidence of compliance
with board rules requiring continuing optometric education in a
sufficient number of hours to make up for any delinquent
compliance;
(b) Pay the renewal fees for the year in which
application for reinstatement is made and the
reinstatement fee specified under division (A)(8) of
section 4725.34 of the Revised Code;
(c) Pass all or part of the licensing examination
accepted by the board under section 4725.11 of the
Revised Code as the board considers appropriate to
determine whether the application for reinstatement should be
approved;
(d) If the applicant has been practicing optometry in
another state or country, submit evidence that the applicant's license to
practice optometry in the other state or country is
in good standing.
(3) The board shall approve an application for reinstatement if the
conditions
specified in division (I)(2) of this section are met. An
optometrist who receives reinstatement is subject to the
continuing education requirements specified under division
(B) of this section for the year in which reinstatement
occurs.
(J) Each licensed dispensing optician annually shall complete continuing education requirements as follows:
(1) Licensed spectacle dispensing opticians - four hours of study in spectacle dispensing, approved by the board;
(2) Licensed contact lens dispensing opticians - eight hours of study in contact lens dispensing, approved by the board;
(3) Licensed spectacle-contact lens dispensing opticians - courses of study under divisions (J)(1) and (2) of this section.
(K) Annually, by the first day of November, the board shall mail to each licensed dispensing optician a notice regarding license renewal and include with the notice an application for license renewal. The application shall be in such form and require such pertinent professional biographical data as the board requires. A licensed dispensing optician seeking to continue to practice shall file the renewal application with the board. Filing the application shall serve as notice by the licensed dispensing optician that the appropriate continuing education requirements have been successfully completed. If the board finds that a licensed dispensing optician has not completed the required amount of continuing education, the board shall disapprove the optician's application. The board shall establish, by rule, a license renewal fee. No person who fails to renew their license under this division shall be required to take a qualifying examination under division (D) of section 4725.12 of the Revised Code as a condition of renewal, provided that an 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 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.
(L) The board shall approve continuing education programs for licensed dispensing opticians 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. 4725.17. (A) An optometrist who intends not to continue
practicing optometry in this state due to retirement or a
decision to practice in another state or country may apply to
the state vision board of optometry to have the certificates issued to
the optometrist placed on inactive status. Application for
inactive status shall consist of a written notice to the board
of the optometrist's intention to no longer practice in this
state. The board may not accept an application submitted after
the applicant's certificate of licensure and any other
certificates have expired. The board
may approve an application for placement on inactive status only if the
applicant's certificates
are in good standing and the applicant is not under disciplinary
review pursuant to section 4725.19 of the Revised
Code.
(B) An individual whose certificates have been placed on
inactive status may submit a written application to the board for
reinstatement. For
reinstatement to occur, the applicant must meet all of the
following conditions:
(1) Pay the renewal fees for the year in which
application for reinstatement is made and the reinstatement fee
specified under division (A)(9) of section 4725.34 of the
Revised Code;
(2) Pass all or part of the licensing examination accepted by
the board under section 4725.11 of the Revised
Code as the board considers appropriate, if the board considers
examination necessary to determine whether
the application for reinstatement should be approved;
(3) If the applicant has been practicing optometry in another
state or country, submit evidence of being in the active
practice of optometry in the other state or country and evidence that
the applicant's license to practice in the other state or
country is in good standing.
(C) The board shall approve an application for reinstatement if the
conditions specified in division (B) of this section are
met. An optometrist who receives reinstatement
is subject to the continuing education requirements
specified under section 4725.16 of the Revised
Code for the year in which reinstatement occurs.
Sec. 4725.171. (A) An optometrist who discontinued practicing
optometry in this state due to retirement or a decision to
practice in another state or country before the state vision board of
optometry accepted applications for placement of certificates to
practice on inactive status pursuant to section 4725.17 of the
Revised
Code may apply to the board to have the
optometrist's certificates reinstated. The board may accept an application
for reinstatement only
if, at the time the optometrist's certificates expired, the certificates were
in good standing and
the optometrist was not under disciplinary review by the board.
(B) For
reinstatement to occur, the applicant must meet all of the
following conditions:
(1) Pay the renewal fees for the year in which
application for reinstatement is made and the reinstatement fee
specified under division (A)(10) of section 4725.34 of the Revised Code;
(2) Pass all or part of the licensing examination accepted by
the board under section 4725.11 of the Revised Code as the board considers appropriate, if
the board considers examination necessary to
determine whether
the application for reinstatement should be approved;
(3) If the applicant has been practicing optometry in another
state or country, submit evidence of being in the active
practice of optometry in the other state or country and evidence that
the applicant's license to practice in the other state or
country is in good standing.
(C) The board shall approve an application for reinstatement if
the
conditions specified in division (B) of this section are
met. An optometrist who receives reinstatement
is subject to the continuing education requirements
specified under section 4725.16 of the Revised Code for the year in which
reinstatement
occurs.
Sec. 4725.18. (A) The state vision board of
optometry
may issue a certificate of licensure as an optometrist and therapeutic
pharmaceutical agents certificate to an individual licensed as
an optometrist by another state if the board determines that the
other state has standards for the practice of optometry that are
at least as stringent as the standards established under
sections 4725.01 to 4725.34 of the
Revised
Code and the other state
similarly grants licenses to practice optometry to individuals
who hold certificates of licensure issued by the board.
(B) To receive a
certificate of licensure and therapeutic pharmaceutical agents
certificate under this section, an applicant must meet all of
the following conditions:
(1) Hold a license to practice optometry from the
other state that is in good standing, evidenced by submission of
a letter from the licensing agency of the other state;
(2) Have been actively engaged in the practice of
optometry, including the use of therapeutic pharmaceutical
agents, for at least three years immediately preceding making
application under this section;
(3) Pay the application fees established under section
4725.34 of the Revised
Code for a certificate of
licensure and therapeutic pharmaceutical agents
certificate;
(4) Submit all transcripts, reports, or other
information the board requires;
(5) Pass all or part of the licensing examination
accepted by the board under section 4725.11 of the
Revised
Code, if the board determines
that testing is necessary to determine whether the applicant's
qualifications are sufficient for issuance of a certificate of
licensure and therapeutic pharmaceutical agents certificate
under this section.
(C) If the applicant
meets the conditions specified in division
(B) of this section and the
board has not previously denied issuance of a license to the
applicant, the board may,
by an
affirmative vote of a majority of its members, issue to the
applicant a
certificate of licensure as an optometrist and therapeutic pharmaceutical agents
certificate.
Sec. 4725.19. (A) In accordance with
Chapter 119. of the Revised Code and by an affirmative vote of a majority of
its members, the state vision board of optometry, for any of the reasons
specified in division (B) of this section, shall
refuse to grant a certificate of licensure to an applicant
and
may, with respect to a licensed
optometrist or dispensing optician, do one or more of the following:
(1) Suspend the operation of any certificate
of licensure, topical ocular pharmaceutical agents certificate,
or therapeutic pharmaceutical agents certificate, or all
certificates granted by it to the optometrist or dispensing optician;
(2) Permanently revoke any or all of the certificates;
(3) Limit or otherwise place restrictions on any or all of the
certificates;
(4) Reprimand the optometrist or dispensing optician;
(5) Impose a monetary penalty. If the reason for which the board is
imposing the penalty involves a criminal offense that carries a fine under the
Revised Code, the penalty shall not exceed the maximum fine
that may be imposed for the criminal offense. In any other case, the penalty
imposed by the board shall not exceed five hundred dollars.
(B) The sanctions specified in division (A) of this
section may be taken by the board for any of the following reasons:
(1) Committing fraud in passing the licensing
examination or making false or purposely misleading statements in an
application for a certificate of licensure;
(2) Being at any time guilty of
immorality, regardless of the jurisdiction in which the act was committed;
(3) Being guilty of dishonesty or unprofessional conduct in the
practice of optometry or optical dispensing;
(4) Being at any time guilty of a felony, regardless of the jurisdiction
in which the act was committed;
(5) Being at any time guilty of a misdemeanor committed in the course of
practice, regardless of the jurisdiction in which the act was committed;
(6) Violating the conditions of any limitation or other restriction placed
by the board on any certificate issued by the board;
(7) Engaging in the practice of optometry as provided in division
(A)(1), (2), or (3) of section 4725.01 of the Revised Code or optical dispensing when the certificate
authorizing that practice is under suspension, in which case the board shall
permanently revoke the certificate;
(8) Being denied a license to practice optometry in another
state or country or being subject to any other sanction by the optometric
licensing
authority of another state or country, other than sanctions imposed for the
nonpayment of fees;
(9) Departing from or failing to conform to acceptable and prevailing
standards of care in the practice of optometry or optical dispensing as followed by similar
practitioners under the same or similar circumstances, regardless of whether
actual injury to a patient is established;
(10) Failing to maintain comprehensive patient records;
(11) Advertising a price
of optical accessories, eye examinations, or other products or
services by any means that would deceive or mislead the public;
(12) Being addicted to the use of
alcohol, stimulants, narcotics,
or any other substance which impairs the intellect and judgment
to such an extent as to hinder or diminish
the performance of
the duties included in the person's practice of
optometry or optical dispensing;
(13) Engaging in the practice of optometry as provided in
division (A)(2) or (3) of section 4725.01 of the Revised Code
without
authority to do so or, if authorized, in a manner inconsistent
with the authority granted;
(14) Failing to make a report to the board as required by
division (A) of section 4725.21 or
section 4725.31 of the Revised Code;
(15) Soliciting patients from door to door or establishing
temporary offices, in which case the board shall suspend all certificates held
by the optometrist or licensed dispensing optician;
(16) Except as provided in division (D) of this section:
(a) Waiving the
payment of all or any part of a deductible or copayment that
a
patient, pursuant to a health insurance or health care policy, contract, or
plan that covers optometric services or the services of a licensed dispensing optician, would otherwise be required to pay if
the
waiver is used as an enticement to a patient or group of patients to receive
health care services from that optometrist or dispensing optician.
(b) Advertising that the optometrist or dispensing optician will
waive the payment of
all or any part of a
deductible or copayment that a patient, pursuant to a health insurance or
health care policy, contract, or plan that covers optometric their services, would
otherwise be required to pay.
(17) Optical dispensing without the prescription of a licensed physician or licensed optometrist, but this shall not prohibit a dispensing optician from the duplication or replacement of previously prepared optical aids, except that contact lenses shall not be duplicated or replaced without a written prescription;
(18) Paying or offering to pay a rebate or commission of any nature, directly or indirectly, as a licensed dispensing optician, or offering any other thing of value to a physician or licensed optometrist, for a referral of patients.
(C) Any person who is the holder of a certificate of
licensure, or who is an applicant for a
certificate of licensure against whom is preferred any charges,
shall be furnished by the board with a copy of the complaint and
shall have a hearing before the board in accordance with Chapter
119. of the Revised Code.
(D) Sanctions shall
not be imposed under division (B)(16) of this section
against any optometrist or dispensing optician who waives deductibles and
copayments:
(1) In compliance with the health benefit plan that expressly allows such a
practice. Waiver of the deductibles or copayments shall
be made only with the
full knowledge and consent of the plan purchaser, payer, and third-party
administrator. Documentation of the consent shall be made
available to the board upon
request.
(2) For professional services rendered by an optometrist to any other
optometrist licensed by the board, to the extent allowed
by
sections 4725.01 to 4725.34 of the Revised Code and the rules of
the board.
Sec. 4725.20. On receipt of a notice pursuant to
section
3123.43 of the Revised Code, the state vision board of
optometry 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 or certificate issued by the board
under this
chapter.
Sec. 4725.21. (A) If
an optometrist licensed by the state vision board of optometry has reason
to
believe that another optometrist
licensed currently or previously by the board has engaged in
any course of treatment
or other services to a
patient that constitutes unprofessional conduct under
section 4725.19 of the Revised Code, or has an
addiction subject to board action under section
4725.19 of the Revised Code, the
optometrist shall
make a report to the board.
(B) Any person may report to the board in a signed
writing any information that the person may have that appears to
show a violation of any provision of sections 4725.01 to 4725.34
of the Revised Code or the rules adopted under
those sections.
(C) Each complaint or allegation of a violation
received by the board shall be assigned a case number and shall
be recorded by the board.
(D) In
the absence of fraud or bad
faith, no person who reports to the board under
this section or testifies in any adjudication conducted under
Chapter 119. of the Revised Code shall be
liable to any person for damages in a civil action as a result of the report
or testimony.
Sec. 4725.22. (A) Each
insurer providing professional
liability insurance to an optometrist
licensed under this
chapter, or any other entity that seeks to indemnify the
professional liability of an
optometrist licensed under this chapter,
shall notify the state vision board of optometry within thirty days
after the final disposition of a claim
for damages.
The notice shall contain the following information:
(1) The name and address of the person submitting the
notification;
(2) The name and address of the insured who is the subject
of the claim;
(3) The name of the person filing the written claim;
(4) The date of final disposition;
(5) If applicable, the identity of the court in which the
final disposition of the claim took place.
(B) Each optometrist licensed under this chapter
shall notify the board within thirty days of receipt of the
final disposition of a claim for damages or any action involving
malpractice. The optometrist shall notify the board by
registered mail and shall provide all reports and other
information required by the board.
(C) Information received under this section is not a
public record for purposes of section 149.43 of the
Revised Code and shall not be released except as
otherwise required by law or a court of competent jurisdiction.
Sec. 4725.23. (A) The state vision board of optometry shall investigate
evidence that appears to show that a person has violated any provision of
sections 4725.01 to 4725.34 of the Revised Code or any rule adopted under
those sections.
Investigations of alleged violations shall be supervised by the member of the
board appointed by the board to act as the supervising member of
investigations.
The supervising member shall
not participate in the final vote that occurs in an adjudication of the case.
(B) In investigating a possible violation, the board may
administer
oaths, order the taking of depositions, issue subpoenas, and compel the
attendance of witnesses and production of books, accounts, papers, records,
documents, and testimony. A subpoena for patient record information shall not
be issued without consultation with the attorney general's office and approval
of the secretary of the board and the board's supervising member of
investigations. Before issuance of a subpoena
for patient record information, the secretary and supervising member shall
determine whether there is probable cause to believe that the complaint filed
alleges a violation of sections 4725.01 to 4725.34 of the Revised Code or any rule adopted
under those sections and that the records sought are relevant to the alleged
violation and material to the investigation. The subpoena may apply only to
records that cover a reasonable period of time surrounding the alleged
violation.
On failure to comply with any subpoena
issued by the board and after reasonable notice to the person
being subpoenaed, the board may move for an order compelling the
production of persons or records pursuant to the Rules of
Civil
Procedure.
A subpoena issued by the board may be served by a sheriff,
the sheriff's deputy, or a board employee designated by the
board. Service of a subpoena issued by the board may be
made by delivering a copy of the subpoena to the
person named therein, reading it to the person, or leaving it at
the person's usual place of residence. When the person being
served is an optometrist or dispensing optician licensed under by this chapter,
service of the subpoena may be made by certified mail,
restricted delivery, return receipt requested, and the subpoena
shall be deemed served on the date delivery is made or the date
the optometrist or dispensing optician refuses to accept delivery.
Each witness who
appears before the board in
obedience to a subpoena shall receive the fees
and mileage provided for witnesses in civil cases in the courts
of common pleas.
(C) Information received by the board pursuant to an
investigation is confidential and not subject to discovery in any civil
action.
The board shall conduct all investigations and proceedings
in a manner that protects the
confidentiality of patients and persons who file complaints with the
board. The
board shall not make public the names or any other identifying
information about patients or complainants unless proper consent is
given.
Sec. 4725.24. If the secretary of the state vision board of optometry and the
board's supervising member of investigations determine that there is clear and
convincing evidence that an optometrist or licensed dispensing optician has violated division (B) of
section 4725.19 of the Revised Code and that the optometrist's or dispensing optician's continued
practice presents a
danger of immediate and serious harm to the public, they may recommend that
the board suspend without a prior hearing the optometrist's or dispensing optician's certificate of
licensure and any other certificates held by the optometrist or dispensing optician. Written
allegations shall be prepared for consideration by the full board.
The board, upon review of those allegations and by an
affirmative vote
of three members other than the secretary and
supervising member may order the suspension without a prior
hearing. A telephone conference call may be utilized for
reviewing the allegations and taking the vote on the
summary suspension.
The board shall issue a written order of suspension by
certified mail or in person in accordance with section 119.07 of the Revised Code. The order
shall not be subject to
suspension
by the court during pendency of any appeal filed under section
119.12 of the Revised Code. If the individual
subject to the summary suspension requests
an adjudicatory hearing by the board, the date set for the
hearing shall be within fifteen days, but not earlier than seven
days, after the individual
requests the hearing,
unless otherwise agreed to by both the board and the individual.
Any summary suspension imposed under this division shall
remain in effect, unless reversed on appeal, until a final
adjudicative order issued by the board pursuant to section 4725.19 of the
Revised Code
and Chapter 119. of the Revised Code becomes effective. The
board shall issue its final adjudicative order within sixty days
after completion of its hearing. A failure to issue the order
within sixty days shall result in dissolution of the summary
suspension order but shall not invalidate any subsequent, final
adjudicative order.
Sec. 4725.26. (A)
Division (A) of section 4725.02 of the Revised
Code
does not apply to
the following:
(A)(1) Physicians authorized to practice
medicine and surgery
or osteopathic medicine and surgery under
Chapter 4731. of the
Revised Code;
(B)(2) Persons who sell
optical accessories but do not assume
to adapt them
to the eye, and neither practice nor profess to
practice optometry;
(C)(3) An instructor in a school of optometry that is located
in
this state and
approved by the state vision board of optometry under
section 4725.10 of the Revised Code who holds a valid current
license to practice
optometry
from a licensing body in another
jurisdiction and
limits the practice of optometry to the
instruction of students
enrolled in the school.
(D)(4) A student at a school of optometry located in this
state
and approved by the board under section 4725.10 of the
Revised
Code while enrolled in an optometry
training program and acting
under the direct, personal
supervision and control of an
optometrist licensed by the board
or authorized to practice
pursuant to division (C)(A)(3) of
this section.
(E)(5) An individual who is licensed or otherwise specifically
authorized by the Revised Code to engage in an activity that
is
included in the practice of optometry.
(F)(6) An individual who is not licensed or otherwise
specifically
authorized by the Revised Code to engage in an
activity that
is included in the practice of optometry, but is
acting pursuant to the rules
for delegation of optometric tasks
adopted under section 4725.09 of the Revised Code.
(B) Division (E)(1) of section 4725.02 of the Revised Code does not apply to:
(1) A physician authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery, or to persons in the employment and under the supervision of a physician at the physician's office;
(2) An optometrist licensed under this chapter, or to persons in the employment and under the supervision of an optometrist at the optometrist's office.
(C) Nothing in this chapter prevents or restricts any individual, firm, or corporation from employing, or engaging in optical dispensing through, persons licensed as dispensing opticians under this chapter.
Sec. 4725.27. The testimony and reports of an
optometrist licensed by the state vision board of optometry under this
chapter shall be received by any state, county, municipal,
school
district, or other public board, body, agency, institution, or official and by
any private educational or other institution receiving public funds as
competent evidence with respect to any matter within the scope of the practice
of optometry. No such board, body, agency, official, or institution shall
interfere with any individual's right to a free choice of receiving
services from either an optometrist or a physician. No such
board, body, agency, official, or institution shall
discriminate against an optometrist performing procedures that
are included in the practice of optometry as provided in
division (A)(2) or (3) of section 4725.01 of the
Revised Code if the optometrist is licensed under
this chapter to perform those procedures.
Sec. 4725.28. (A) As used in this section,
"supplier" means
any person who prepares or sells optical accessories or other vision
correcting
items, devices, or
procedures.
(B) A licensed optometrist, on completion of a vision
examination and diagnosis, shall give each patient for whom
the optometrist prescribes any vision correcting item, device,
or procedure, one
copy of the prescription, without additional charge to the
patient. The prescription shall include the following:
(1) The date of its issuance;
(2) Sufficient information to enable the patient to obtain
from the supplier of the patient's choice, the optical
accessory or other vision
correcting item,
device, or procedure that has been prescribed.
(C) Any supplier who fills a prescription for contact
lenses furnished by an optometrist shall furnish the patient with written
recommendations to return to the prescribing optometrist for evaluation of the
contact lens fitting.
(D) Any supplier, including an optometrist who is a
supplier, may advertise to inform the general
public of the price that the supplier charges for any vision
correcting
item, device, or procedure. Any such advertisement shall
specify the following:
(1) Whether the advertised item includes an eye examination;
(2) In the case of lenses, whether the price applies to single-vision
or multifocal
lenses;
(3) In the case of contact lenses, whether the price applies
to rigid or soft lenses and whether there is an additional charge
related to the fitting and determination of the type of contact lenses to be
worn that is not included in the price of the eye examination.
(E) The state vision board of optometry shall not adopt any rule that
restricts the right to advertise as permitted by division (D)
of this section.
(F) Any municipal corporation code, ordinance, or regulation or
any township resolution that conflicts with a supplier's right to
advertise as permitted by division (D) of this section
is superseded by division (D) of this
section and is invalid. A municipal corporation code, ordinance,
or regulation or a township resolution conflicts with division (D)
of this
section if it restricts a supplier's right to advertise as
permitted by division (D) of this section.
Sec. 4725.29. (A) As used in this section:
(1) "Regional advertisement" means an advertisement
published in more than one metropolitan statistical area
in this state or broadcast by radio or television stations in
more than one metropolitan statistical area in this
state.
(2) "National advertisement" means an advertisement
published in one or more periodicals or broadcast by one or more
radio or television stations in this state and also published in
one or more periodicals or broadcast by one or more radio or
television stations in another state.
(B) The state vision board of optometry shall not require any person who
sells
optical accessories at more than one location to list in any regional
or national advertisement the name of the licensed optometrist
practicing at a particular location, provided that in addition to
the requirement in division (B) of section 4725.13 of the Revised Code, the
name of
the optometrist is prominently displayed at
the location.
Sec. 4725.31. An
optometrist licensed by the state vision board of optometry shall
promptly report
to the board any
instance
of a clinically significant drug-induced side effect in a patient due to
the optometrist's administering, employing, applying,
or prescribing a topical
ocular or therapeutic pharmaceutical agent to or for the patient. The board,
by rule adopted in accordance with Chapter 119. of the Revised Code, shall
establish reporting procedures and specify the types of side effects to be
reported. The information provided to the board shall not include the name of
or any identifying information about the patient.
Sec. 4725.33. (A) An individual whom the state vision
board of
optometry licenses to
engage
in the practice of optometry may render the professional services of an
optometrist within this
state through a corporation formed under division
(B) of section 1701.03 of the Revised Code, a
limited liability company formed under Chapter 1705. of the
Revised Code, a partnership, or a professional association
formed under Chapter 1785. of the Revised Code.
This division does not
preclude an optometrist from rendering
professional services as an optometrist through another form of
business entity, including, but not limited to, a nonprofit
corporation or foundation, or in another manner that is
authorized by or in accordance with this chapter, another
chapter of the Revised Code, or rules of the state vision
board of optometry adopted pursuant to this chapter.
(B) A corporation,
limited liability company, partnership, or professional
association described in division (A) of this section may be
formed for the purpose of providing a combination of the
professional services of the following individuals who are licensed,
certificated, or otherwise legally authorized to practice
their respective professions:
(1) Optometrists who are authorized to practice optometry under
Chapter 4725. of the Revised Code;
(2) Chiropractors who are authorized to practice chiropractic under
Chapter 4734. of the Revised Code;
(3) Psychologists who are authorized to practice
psychology under Chapter 4732. of the Revised Code;
(4) Registered or licensed practical nurses who are
authorized to practice nursing as registered nurses or as
licensed practical nurses under Chapter 4723. of the Revised Code;
(5) Pharmacists who are
authorized to practice pharmacy under
Chapter 4729. of the
Revised
Code;
(6) Physical therapists who are authorized to practice
physical therapy under sections 4755.40 to 4755.56
of the
Revised
Code;
(7) Mechanotherapists who are authorized to practice mechanotherapy under
section 4731.151 of the Revised Code;
(8) Doctors of medicine and surgery, osteopathic
medicine and surgery, or podiatric medicine and surgery who are
authorized for their respective
practices under Chapter 4731. of the Revised
Code.
This division shall apply notwithstanding a provision
of a code of ethics applicable to an optometrist
that
prohibits an optometrist from engaging in
the practice of optometry in combination with a person who is
licensed, certificated, or otherwise legally authorized to
practice chiropractic, psychology, nursing, pharmacy, physical therapy,
mechanotherapy, medicine and surgery, osteopathic
medicine and surgery,
or podiatric medicine and surgery, but who is not also licensed,
certificated, or otherwise legally authorized to engage in the
practice of optometry.
Sec. 4725.34. (A) The state vision board of
optometry shall charge the following nonrefundable fees:
(1) One hundred ten dollars for application for a
certificate of licensure;
(2) Twenty-five dollars for application for a therapeutic
pharmaceutical agents certificate, except when the certificate is to be issued
pursuant to division (A)(3) of section 4725.13 of the Revised Code,
in which case
the fee shall be thirty-five dollars;
(3) One hundred ten dollars for renewal of a certificate of
licensure;
(4) Twenty-five dollars for renewal of a topical ocular
pharmaceutical agents certificate;
(5) Twenty-five dollars for renewal of a therapeutic
pharmaceutical agents certificate;
(6) Seventy-five dollars for late completion of continuing
optometric education;
(7) Seventy-five dollars for late renewal of one or more certificates that
have expired;
(8) Seventy-five dollars for reinstatement of
one or more certificates classified as delinquent under section 4725.16 of
the Revised Code, multiplied by the number of
years the one or more certificates have been classified as delinquent;
(9) Seventy-five dollars for reinstatement of
one or more certificates placed on inactive status under section 4725.17 of
the
Revised Code;
(10) Seventy-five dollars for reinstatement under
section 4725.171 of the Revised Code of
one or more expired certificates;
(11) Additional fees to cover administrative costs incurred
by the board, including fees for replacing licenses issued by the
board and providing rosters of currently licensed optometrists.
Such fees shall be established at a regular meeting of the board
and shall comply with any applicable guidelines or policies set
by the department of administrative services or the office of
budget and management.
(B) The board, subject to the approval of the
controlling board, may establish fees in excess of the amounts
specified in division (A) of this section if the fees do
not
exceed the amounts specified by more
than fifty per cent.
(C) All receipts of the board, from any source, shall be
deposited in the state treasury to the credit of the occupational licensing
and regulatory fund.
Sec. 4725.99. (A) Whoever violates section 4725.02 of the
Revised Code shall be fined not more than five hundred dollars
for a first offense; for each subsequent offense such person
shall be fined not less than five hundred nor more than one
thousand dollars, or imprisoned not less than six months nor more
than one year.
(B) Whoever violates section 4725.41 of the Revised Code
is guilty of a misdemeanor of the second degree for a first
offense, and a misdemeanor of the first degree for each
subsequent offense.
(C) Whoever violates section 4725.55 or 4725.56 of the
Revised Code is guilty of a misdemeanor of the second degree.
(D) Whoever violates division (A) of section 4725.21 of
the Revised Code is guilty of a minor misdemeanor for a first
offense; for each subsequent offense, such person is guilty of a
misdemeanor of the second degree. Any violation constitutes a
separate offense on each successive day continued.
(E)(C) Whoever violates section
4725.32 of
the Revised Code is guilty of a misdemeanor of the third degree.
(F)(D) Whoever violates section 4725.22 of the Revised
Code
is guilty of a minor misdemeanor for a first offense; for each
subsequent offense, such person shall be fined up to one thousand
dollars.
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. 4734.99. (A) Whoever violates section 4734.14
of the
Revised
Code is guilty of a felony of the
fifth degree on a
first offense, unless the offender previously
has been convicted
of
or has pleaded guilty to a violation of section 2911.01,
2911.02, 2911.11,
2911.12, 2911.13, 2913.02, 2913.40, 2913.47,
2913.48, 2913.51, 2921.13,
4715.09, 4723.03, 4725.02, 4725.41,
4729.27, 4729.28, 4729.36, 4729.51,
4729.61, 4730.02, 4731.41,
4731.43, 4731.46, 4731.47, 4731.60, 4732.21,
4741.18, 4741.19,
4755.48, 4757.02, 4759.02, 4761.10, or 4773.02 of the Revised Code
or an offense under an existing or former law of this state,
another state, or the United States that is or was
substantially
equivalent to a violation of any of those sections,
in which case
the offender is guilty of a felony of the fourth degree. For each
subsequent
offense, the offender is guilty of a felony of the
fourth degree.
(B) Whoever violates section 4734.161 of the Revised
Code
is guilty of a
misdemeanor of the first degree.
(C) Whoever violates division (A),
(B), (C), or (D) of
section 4734.32 of the Revised Code is guilty
of a minor
misdemeanor
on a first offense; on each subsequent offense, the
person is
guilty of a misdemeanor of the fourth degree, except
that an
individual guilty of a subsequent offense shall not be
subject to
imprisonment, but to a fine alone of up to one thousand
dollars
for each offense.
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 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 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 twenty-five dollars, and for reinstatement of a lapsed, revoked, or
suspended license, one hundred sixty-five eighty-two dollars and fifty cents;
(2) License renewal, eighty ninety-five dollars;
(3) A limited permit, and renewal of the permit,
fifty-five sixty-two dollars and fifty cents;
(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 medical 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. 4779.09. An applicant for a license to practice
orthotics, prosthetics, orthotics and prosthetics, or pedorthics shall apply
to the state medical board of orthotics, prosthetics, and pedorthics
in accordance with rules adopted under section 4779.08 of the Revised Code and pay the
application fee specified in the rules. The board shall issue a license to
an applicant who is
eighteen years of age or older, of good moral character, and
meets either the
requirements of divisions (A) and (B) of this section or the
requirements of section 4779.16 or 4779.17 of the Revised Code.
(A) The applicant must pass an examination conducted pursuant to
section 4779.15 of the Revised Code;
(B) The applicant must meet the requirements of one of the
following:
(1) In the case of an applicant for a license to practice
orthotics, the requirements of section 4779.10 of the Revised Code;
(2) In the case of an applicant for a license to
practice prosthetics, the requirements of section 4779.11 of the Revised Code;
(3) In the case of an applicant for a license to practice
orthotics and prosthetics, the requirements of
section 4779.12 of the Revised Code;
(4) In the case of an applicant for a license to practice
pedorthics, the requirements of section 4779.13 of the
Revised Code.
Sec. 4779.10. To be eligible for a license to practice orthotics,
an applicant must meet the requirements of division (A) of this
section, or, if the application is made on or before January 1, 2008,
the requirements of either division (A) or (B) of this
section:
(A) The requirements of this division are met if the applicant is
in compliance with divisions (A)(1), (2), and (3) of this
section.
(1) On the date of application, the applicant has practiced
orthotics for not less than eight months under the supervision of an
individual licensed under this chapter to practice orthotics;
(2) The applicant has completed an orthotics residency program
approved by the board under section 4779.27 of the Revised
Code;
(3) One of the following is the case:
(a) The applicant holds a bachelor's degree in orthotics and
prosthetics from an accredited college or university whose orthotics and
prosthetics program is
recognized by the state medical board of orthotics, prosthetics, and pedorthics under
section 4779.25 of the Revised Code
or an equivalent educational credential from a foreign educational
institution recognized by the board;
(b) The applicant holds a bachelor's degree in a subject other
than orthotics and prosthetics or an equivalent educational
credential from a foreign educational institution recognized by
the board and has completed a certificate program in orthotics
recognized by the board under section 4779.26 of the Revised
Code.
(B) This division applies to applications made on or before
January 1, 2008. The requirements of this division are met if the
applicant is in compliance with division (B)(1) or
(B)(2)(a) or (b) of this section:
(1) If application is made on or before January 1, 2006, the
applicant meets all of the following requirements:
(a) Holds an associate's degree or higher from an accredited
college or university or an equivalent credential from a foreign educational
institution recognized by
the board;
(b) Has completed a certificate program in orthotics recognized
by
the board under section 4779.26 of the Revised Code;
(c) Has three years of documented, full-time experience
practicing or teaching orthotics.
(2) If the application is made on or before January 1, 2008, the
applicant meets the requirements of division (B)(2)(a)
or (b) of this section:
(a)(i) The applicant holds a bachelor's degree or higher
from a
nationally accredited college or university or an equivalent credential from a
foreign educational
institution recognized by the board;
(ii) The applicant holds a valid certificate in orthotics issued
by the
American board for certification in orthotics and prosthetics, the
board for orthotist/prosthetist certification, or an equivalent successor
organization recognized by the
board;
(iii) The applicant has completed three years of documented,
full-time experience practicing or teaching orthotics.
(b)(i) The applicant holds a bachelor's degree or higher from a
nationally accredited college or university or an equivalent credential from a
foreign educational
institution recognized by the board;
(ii) The applicant has completed a certificate program in
orthotics recognized by the board under section 4779.26 of the
Revised Code;
(iii) The applicant has completed a residency program in
orthotics
recognized by the board under section 4779.27 of the Revised
Code or has three years of documented, full-time experience
practicing or teaching orthotics.
Sec. 4779.11. To be eligible for a license to practice prosthetics,
an applicant must meet the requirements of division (A) of this
section, or, if the application is made on or before January 1, 2008,
the requirements of either division (A) or (B) of this
section:
(A) The requirements of this division are met if the applicant is
in compliance with divisions (A)(1), (2), and (3) of this
section.
(1) On the date of application, the applicant has practiced
prosthetics for not less than eight months under the supervision of an
individual licensed under this chapter to practice prosthetics;
(2) The applicant has completed a prosthetics residency program
approved by the board under section 4779.27 of the Revised
Code;
(3) One of the following is the case:
(a) The applicant holds a bachelor's degree in orthotics and
prosthetics from an accredited college or university whose orthotics and
prosthetics program is
recognized by the state medical board of orthotics, prosthetics, and pedorthics under
section 4779.25 of the Revised Code
or an equivalent educational credential from a foreign educational
institution recognized by the board;
(b) The applicant holds a bachelor's degree in a subject other
than orthotics and prosthetics or an equivalent educational
credential from a foreign educational institution recognized by
the board and has completed a certificate program in prosthetics
recognized by the board under section 4779.26 of the Revised
Code.
(B) This division applies to applications made on or before
January 1, 2008. The requirements of this division are met if the
applicant is in compliance with division (B)(1) or
(B)(2)(a) or
(b) of this section:
(1) If application is made on or before January 1, 2006, the
applicant meets all of the following requirements:
(a) Holds an associate's degree or higher from an accredited
college or university or an equivalent credential from a foreign educational
institution recognized by
the board;
(b) Has completed a certificate program in prosthetics recognized
by the board under section 4779.26 of the Revised Code;
(c) Has three years of documented, full-time experience
practicing
or teaching prosthetics.
(2) If the application is made on or before January 1, 2008, the
applicant meets the requirements of division (B)(2)(a)
or (b) of this section:
(a)(i) The applicant holds a bachelor's degree or higher
from a
nationally accredited college or university or an equivalent credential from a
foreign educational
institution recognized by the board;
(ii) The applicant holds a valid certificate in prosthetics
issued by the
American board for certification in orthotics and prosthetics, the
board for orthotist/prosthetist certification, or an equivalent successor
organization recognized by the
board;
(iii) The applicant has completed three years of documented,
full-time experience practicing or teaching prosthetics.
(b)(i) The applicant holds a bachelor's degree or higher
from a
nationally accredited college or university or an equivalent credential from a
foreign educational
institution recognized by the board;
(ii) The applicant has completed a certificate program in
prosthetics recognized by the board under section 4779.26 of the
Revised Code;
(iii) The applicant has completed a residency program in
prosthetics
recognized by the board under section 4779.27 of the Revised
Code or has three years of documented, full-time experience
practicing or teaching prosthetics.
Sec. 4779.12. To be eligible for a license to practice orthotics and
prosthetics, an applicant must meet the requirements of division (A)
of this
section, or, if the application is made on or before January 1, 2008,
the
requirements of either division (A) or (B) of this
section:
(A) The requirements of this division are met if the applicant is
in compliance with divisions (A)(1), (2), and (3) of this
section.
(1) On the date of application, the applicant has practiced
orthotics and prosthetics for not less than eight months under the supervision
of an individual licensed under this chapter to practice orthotics and
prosthetics;
(2) The applicant has completed an orthotics and prosthetics residency
program
approved by the board under section 4779.27 of the Revised
Code;
(3) One of the following is the case:
(a) The applicant holds a bachelor's degree in orthotics and
prosthetics from an accredited college or university whose orthotics and
prosthetics program is
recognized by the state medical board of orthotics, prosthetics, and pedorthics under
section 4779.25 of the Revised Code
or an equivalent educational credential from a foreign educational
institution recognized by the board;
(b) The applicant holds a bachelor's degree in a subject other
than orthotics and prosthetics or an equivalent educational
credential from a foreign educational institution recognized by
the board and has completed a certificate program in orthotics
and prosthetics recognized by the board under section 4779.26 of the
Revised Code.
(B) This division applies to applications made on or before
January 1, 2008. The requirements of this division are met if the
applicant is in compliance with division (B)(1) or
(B)(2)(a) or
(b) of this section:
(1) If application is made on or before January 1, 2006, the
applicant meets all of the following requirements:
(a) Holds an associate's degree or higher from an accredited
college or university or an equivalent credential from a foreign educational
institution recognized by
the board;
(b) Has completed a certificate program in orthotics and
prosthetics recognized by the board under section 4779.26 of the
Revised Code;
(c) Has six years of documented, full-time experience
practicing
or teaching orthotics or prosthetics.
(2) If the application is made on or before January 1, 2008, the
applicant meets the requirements of division (B)(2)(a)
or (b) of this section:
(a)(i) The applicant holds a bachelor's degree or higher
from a
nationally accredited college or university or an equivalent credential from a
foreign educational
institution recognized by the board;
(ii) The applicant holds a valid certificate in orthotics and
prosthetics issued by the
American board for certification in orthotics and prosthetics, the
board for orthotist/prosthetist certification, or an equivalent successor
organization recognized by the
board;
(iii) The applicant has completed six years of documented,
full-time experience practicing or teaching orthotics or prosthetics.
(b)(i) The applicant holds a bachelor's degree or higher
from a
nationally accredited college or university or an equivalent credential from a
foreign educational
institution recognized by the board;
(ii) The applicant has completed a certificate program in
orthotics and prosthetics recognized by the board under section 4779.26 of the
Revised Code;
(iii) The applicant has completed a residency program in
orthotics and prosthetics
recognized by the board under section 4779.27 of the Revised
Code or has six years of documented, full-time experience
practicing or teaching orthotics or prosthetics.
Sec. 4779.15. Except as provided in sections 4779.16 and 4779.17
of the Revised Code, the state medical board of orthotics,
prosthetics, and pedorthics shall examine or cause to be examined each
individual who seeks to practice orthotics, prosthetics, orthotics and
prosthetics, or pedorthics
in this state.
To be eligible to take an examination conducted by the board or an entity
recognized by the board for the purpose of this section, an individual must
file an application and pay an examination fee as specified in rules adopted
by the board under section 4779.08 of the Revised Code and meet all the requirements of
section 4779.09 of the Revised Code other than the requirement of having
passed the examination.
Examinations shall be conducted at least once a
year in accordance with rules adopted by the board under section
4779.08 of the Revised Code. Each applicant shall be
examined in such subjects as the board requires.
The board may use as its examination all or part of a standard
orthotics, prosthetics, orthotics and prosthetics, or pedorthics
licensing examination established for the purpose of determining the
competence of individuals to practice orthotics, prosthetics, or
pedorthics in the United States. In lieu of conducting
examinations, the board may accept the results of examinations
conducted by entities recognized by the board.
Sec. 4779.16. The state medical board of orthotics, prosthetics, and
pedorthics shall issue a license under section 4779.09 of the
Revised Code to
practice orthotics, prosthetics,
orthotics and
prosthetics, or pedorthics without examination to an applicant
who
meets the requirements of divisions (A) and (B) of this
section:
(A) Not later than July 27, 2001, applies to
the board in
accordance with section 4779.09 of the
Revised Code;
(B)(1) In the case of an applicant for a license to practice
orthotics, is actively practicing or teaching
orthotics on
October
27, 2000, and complies with division
(B)(1)(a) or (b) of
this
section:
(a) The applicant meets all of the following requirements:
(i) Holds a bachelor's degree or higher from a
nationally
accredited college or university in the United
States;
(ii) Has completed a certificate program in
orthotics
approved by the board under section 4779.26 of the
Revised Code;
(iii) Is certified in orthotics by the American board
for
certification in orthotics and prosthetics, the board of
orthotist/prosthetist certification, or an equivalent successor
organization recognized by the board;
(iv) Has completed a residency program approved by the board
under section 4779.27 of the Revised Code.
(b) The individual meets both of the following requirements:
(i) Has a minimum of three years of documented,
full-time
experience practicing or teaching orthotics;
(ii) Has passed the certification examination in
orthotics
developed by the American board of certification in
orthotics and
prosthetics, the board of orthotist/prosthetist certification,
or
an
equivalent organization recognized by the board.
(2) In the case of an applicant for a license to practice
prosthetics, is actively practicing or teaching
prosthetics on
October 27, 2000, and complies with division
(B)(2)(a) or (b) of
this section:
(a) The applicant meets all of the following requirements:
(i) Holds a bachelor's degree or higher from a
nationally
accredited college or university in the United
States;
(ii) Has completed a certificate program in
prosthetics
approved by the board under section 4779.26 of the
Revised Code;
(iii) Is certified in prosthetics by the American board
for
certification in orthotics and prosthetics, the board of
orthotist/prosthetist certification, or an equivalent successor
organization recognized by the board;
(iv) Has completed a residency program approved by the board
under section 4779.27 of the Revised Code.
(b) The applicant meets both of the following requirements:
(i) Has a minimum of three years of documented,
full-time
experience practicing or teaching prosthetics;
(ii) Has passed the certification examination in
prosthetics
of the American board of certification in orthotics and
prosthetics, the board of orthotist/prosthetist certification, or
an
equivalent organization recognized by the board.
(3) In the case of an applicant for a license to practice
orthotics and prosthetics, the applicant complies with division
(B)(3)(a) or (b) of this section:
(a) The applicant meets all of the following requirements:
(i) Holds a bachelor's degree or higher from an
accredited
college or university in the United States;
(ii) Has completed a certificate program in
orthotics and
prosthetics approved by the board under section 4779.26 of
the
Revised Code;
(iii) Has completed a residency program in
orthotics and
prosthetics approved under section 4779.27 of the
Revised Code;
(iv) Is certified in orthotics and prosthetics by the
American board for
certification in orthotics and prosthetics, the
board of
orthotist/prosthetist certification, or an equivalent
successor
organization recognized by the board;
(b) The applicant meets both of the following requirements:
(i) Has a minimum of six years of documented,
full-time
experience practicing or teaching orthotics and
prosthetics;
(ii) Has passed the orthotics and prosthetics
certification
examination requirements of the American board for
certification
in orthotics and prosthetics, the board of orthotist/prosthetist
certification, or an equivalent organization recognized by the
board.
(4) In the case of an applicant for a license to practice
pedorthics, is actively practicing or teaching pedorthics
on
October 27,
2000, and is certified in pedorthics by the
board for
certification in pedorthics.
Sec. 4779.17. The state medical 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 medical 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. 4779.20. (A) An individual seeking to renew a license
issued under section 4779.09 of the Revised Code shall, on or
before the
day
the
license expires
pursuant to section 4779.19
of the Revised Code,
apply for renewal. The
state medical board of
orthotics, prosthetics, and
pedorthics shall send
renewal notices
at least one month prior to
the expiration date.
Applications shall be submitted to the board on forms the
board
prescribes and furnishes. Each application shall be
accompanied by a
renewal fee specified in rules adopted by the
board under section 4779.08 of
the Revised Code, except that the
board may waive part of the renewal fee for the first
renewal of
an initial license that expires one hundred days or
less after it
is issued.
(B)
Beginning with the fourth renewal and every third
renewal
thereafter, a
license holder must certify to the board one
of the
following:
(1) In the case of an individual licensed as an orthotist or
prosthetist, the individual has completed within the preceding
three
years forty-five continuing education units granted by the
board
under section 4779.24 of the Revised Code;
(2) In the case of an individual licensed as a prosthetist
and
orthotist, the individual has completed within the preceding
three
years seventy-five continuing education units granted by the
board
under section 4779.24 of the Revised Code;
(3) In the case of an individual licensed as a pedorthist,
the
individual has completed within the previous three years the
continuing education courses required by the board for
certification in pedorthics or an equivalent organization
recognized by the board.
Sec. 4779.21. The state medical board of orthotics, prosthetics, and
pedorthics shall maintain board records, including records of the
board's proceedings, a registry of all applicants for licensure that
indicates whether the applicant was granted a license, and any
other records necessary to carry out the provisions of this
chapter.
Sec. 4779.22. (A) The state medical board of orthotics, prosthetics, and
pedorthics shall publish and make available to the public written
information regarding both of the following:
(1) The board's regulatory functions pursuant to this chapter and the provisions of this
chapter;
(2) The procedures by which complaints are filed with the board,
which shall include a description of the complaint procedures and the
name, mailing address, and telephone number of the board.
(B) The board shall make the information described in division
(A) of this section available to all of the following:
(1) Consumers of orthotic, prosthetic, and pedorthic goods and
services;
(2) Individuals licensed by the board;
(3) Nationally recognized orthotic, prosthetic, and pedorthic
certifying and accrediting organizations;
(4) Nationally recognized orthotic, prosthetic, and pedorthic
educational organizations;
(5) Any other entity that may reasonably require the
information.
(C) The board may make available any of the information described
in division (A) of this section by adopting a rule under section
4779.08 of the Revised Code requiring the
information to be displayed in any of the following ways:
(1) On each registration form or application prepared by the
board;
(2) On a sign prominently displayed in the place of business of
each individual licensed under this chapter;
(3) In each bill or written contract for services provided by an
individual licensed under this chapter.
Sec. 4779.23. (A) To be eligible for approval by the state medical board
of orthotics, prosthetics, and pedorthics, a continuing education course must
satisfy all of the following requirements:
(1) Include significant intellectual or practical content and be
designed to improve the professional competence of
participants;
(2) Deal with matters directly related to the practice of
orthotics, prosthetics, or pedorthics, including professional responsibility,
ethical
obligations, or similar subjects that the board considers necessary
to maintain and improve the quality of orthotic and prosthetic
services in this state;
(3) Involve in-person instruction, except that a course may use
self-study materials if the materials are prepared and presented by a
group with appropriate practical experience;
(4) Be presented in a setting that is physically suited to the
course;
(5) Include thorough, high-quality written material;
(6) Meet any other requirements the board considers appropriate.
(B) The board shall, in accordance with the standards in division
(A) of this section, review and approve continuing education
courses. If the board does not approve a course, it shall provide a written
explanation of the
reason for the denial to the person that requested approval. The board may
approve continuing
education courses approved by boards of other states that regulate
orthotics, prosthetics, and pedorthics if the other board's
standards for approving continuing education courses are
equivalent to the standards established pursuant to division (A)
of this section.
Sec. 4779.24. The state medical board of orthotics, prosthetics, and
pedorthics shall grant continuing education units to individuals
licensed under this chapter on the following basis:
(A) For completing a continuing education course approved by the
board under section 4779.23 of the Revised Code, one unit
for each hour of instruction received;
(B) For teaching as a faculty member a course in orthotics,
prosthetics, or pedorthics that is part of the curriculum of an
institution of higher education,
one-half unit for each semester hour of the
course, or an equivalent unit for each quarter or trimester hour
of the course;
(C) For teaching other than as a faculty member a course that is
part of an institution of higher education's orthotics, prosthetics, or
pedorthics curriculum, one unit for each hour teaching
the course;
(D) For teaching a continuing education course that is approved
by the board under section 4779.23 of the Revised Code that
is not part of an institution of higher education's orthotics, prosthetics, or
pedorthics curriculum, three units for each hour teaching
the course for the first time and one-half unit for each hour teaching
the course each time thereafter.
Sec. 4779.25. The state medical board of orthotics, prosthetics, and
pedorthics shall recognize an institution of higher education's bachelor's
degree program in orthotics and prosthetics if the program satisfies all of
the following requirements:
(A) Provides not less than two semesters or three quarters of
instruction in orthotics and two semesters or three quarters of instruction in
prosthetics;
(B) Requires as a condition of entry a high school diploma or
certificate of high school equivalence issued by the state board of
education;
(C) Includes a written description of the program that includes
learning goals, course objectives, and competencies for
graduation;
(D) Requires frequent, documented evaluation of students to
assess their acquisition of knowledge, problem identification and solving
skills, and psychomotor, behavioral, and clinical
competencies;
(E) Requires as a condition of entry successful completion of
courses in biology, chemistry, physics, psychology, computer science, algebra
or higher math, human anatomy with a laboratory
section, and physiology with a laboratory section;
(F) Requires formal instruction in biomechanics, gait analysis
and
pathometrics, kinesiology, pathology, materials science, research
methods, and diagnostic imaging techniques;
(G) Requires students as a condition of graduation to demonstrate
orthotics skills, including measurement, impression-taking, model
rectification, and fitting and alignment of orthoses for the lower
limbs, upper limbs, and spines;
(H) Requires students as a condition of graduation to complete
training in orthotic systems, including foot orthosis, ankle-foot orthosis,
knee orthosis, knee-ankle-foot orthosis,
hip-knee-ankle orthosis, hip orthosis, wrist-hand orthosis,
cervical-thoracic-lumbo-sacral orthosis, thoracolumbo-sacral
orthosis, lumbo-sacral orthosis, HALO, fracture management,
RGO, standing frames, and seating;
(I) Requires students as a condition of graduation to demonstrate
prosthetic skills that include measurement, impression taking, model
rectification, diagnostic fitting, definitive fitting,
postoperative management, external power, and static and dynamic
alignment of sockets related to various amputation levels,
including partial foot, Syme's below knee, above knee, below
elbow, above elbow, and the various joint disarticulations;
(J) Requires as a condition of graduation students to complete
not
less than five hundred hours of supervised clinical experience
that focus on patient-related activities, including
recommendation, measurement, impression-taking, model
rectification, fabrication, fitting, and evaluating patients in
the use and function of orthotics and prosthetics;
(K) Provides for the evaluation of the program's compliance with
the requirements of this section through regular, on-site visits conducted by
a team of qualified individuals from a nationally
recognized orthotic, prosthetic, or orthotic and prosthetic
certifying body;
(L) Meets any other standards adopted by the board under section
4779.08 of the Revised Code.
Sec. 4779.26. The state medical board of orthotics, prosthetics, and
pedorthics shall recognize a certificate program in orthotics,
prosthetics, or orthotics and prosthetics if the program satisfies
all of the
following requirements:
(A) Meets the requirements in divisions
(B), (C), (D), (E),
(F),
(K), and (L) of section
4779.25 of the Revised
Code;
(B) In the case of a certificate program in orthotics, the
program does all of the following:
(1) Provides not less than two semesters or three quarters
of
instruction in orthotics;
(2) Requires students to complete not less than two hundred
fifty hours of supervised clinical experience that focuses on
patient-related activities, recommendation, measurement,
impression-taking, model rectification, fabrication, fitting, and
evaluating patients in the use and function of orthotics;
(3) Meets the requirements in divisions (G) and (H) of
section 4779.25 of the Revised Code.
(C) In the case of a certificate program in prosthetics, the
program does all of the following:
(1) Provides not less than two semesters or three quarters
of
instruction in prosthetics;
(2) Requires students to complete not less than two hundred
fifty hours of supervised clinical experience that focuses on
patient-related activities, recommendation, measurement,
impression-taking, model rectification, fabrication, fitting, and
evaluating patients in the use and function of prosthetics;
(3) Meets the requirements in divisions (F) and (I) of
section 4779.25 of
the Revised Code.
(D) In the case of a certificate program in orthotics and
prosthetics, the program does both of the following:
(1) Provides not less than two semesters or three quarters
of
instruction in orthotics and two semesters or three quarters of
instruction in
prosthetics;
(2) Meets the requirements in divisions (H) and (I) of
section 4779.25 of the Revised Code.
Sec. 4779.27. The state medical board of orthotics, prosthetics, and
pedorthics shall approve a residency program in orthotics, prosthetics,
or orthotics and prosthetics if the program does all of the
following:
(A) Requires a bachelor's degree as a condition of entry;
(B) Does one of the following:
(1) In the case of a residency program in orthotics, provides two
semesters or three quarters of instruction in orthotics;
(2) In the case of a residency program in prosthetics, provides
two semesters or three quarters of instruction in prosthetics;
(3) In the case of a residency program in orthotics and
prosthetics, provides two semesters or three quarters of instruction in
orthotics and two semesters or three quarters of instruction in
prosthetics.
(C) Meets the requirements in divisions (K) and
(L) of section 4779.25 of the Revised Code;
(D) Provides residents with a sufficient variety and volume of
clinical experiences to give them adequate educational experience in the
acute, rehabilitative, and chronic aspects of orthotics
and prosthetics, including recommendation, measurement,
impression-taking, model rectification, fabrication, fitting, and
evaluating patients in the use and function of orthotics and
prosthetics;
(E) Provides residents with sufficient training in clinical
assessment, patient management, technical implementation, practice
management, and professional responsibility.
Sec. 4779.30. If the state medical board of orthotics, prosthetics, and
pedorthics has reason to believe that a person who holds a license
issued under this chapter is mentally ill or mentally incompetent,
it may file in the probate court of the county in which the person
has a legal residence an affidavit in the form prescribed in
section 5122.11 of the Revised Code and signed by the secretary of
the board, whereupon the same proceeding shall be had as provided
in Chapter 5122. of the Revised Code. The attorney general may
represent the board in any proceeding commenced under this
section.
If an individual who has been granted a license under this chapter
is adjudicated by a probate court to be mentally ill or mentally
incompetent, the individual's license shall be automatically
suspended until the individual has filed with the board a
certified copy of an adjudication by a probate court of the
individual's subsequent restoration to competency or has submitted
to the board proof, satisfactory to the board, of
having been restored to competency in the manner and
form provided in section 5122.38 of the Revised Code. The judge
of the court shall immediately notify the board of an adjudication
of incompetence and note any suspension of a license in the margin
of the court's record of the certificate. In the absence of fraud
or bad faith, neither the board nor any agent, representative, or
employee of the board shall be held liable in damages by any
person by reason of the filing of the affidavit referred to in
this section.
Sec. 4779.32. If any person makes an allegation against an
individual who holds a license issued under this chapter, the allegation
shall be reduced to writing and verified by a person who is familiar
with the facts underlying the allegation. The person making the
allegation shall file three copies of the allegation with the
state medical board of orthotics, prosthetics, and pedorthics. If a person alleges
that a license holder is engaging or has engaged in conduct described in
division (A) of section 4779.28 of the Revised Code, the board may
proceed with an adjudication
hearing under Chapter 119. of the Revised Code.
The board shall retain the information filed under this section in accordance
with rules adopted by the board under section 4779.08 of the Revised Code.
Sec. 4779.33. The secretary of the state medical board of orthotics,
prosthetics, and pedorthics shall enforce the laws relating to the
practice of orthotics, prosthetics, and pedorthics. If the secretary
has knowledge of a violation, the secretary shall investigate the
violation and notify the prosecuting attorney of the proper
county.
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. 4905.91. 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. 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. 5101.12. The department of job and family services shall maximize its receipt of federal revenue. In fulfilling this duty, the department may enter into contracts to maximize federal revenue without the expenditure of state money. In selecting entities with which to contract, the department shall engage in a request for proposals process.
Each year in January and July, the department shall submit a report to the office of budget and management outlining the department's success in maximizing federal revenue. The office of budget and management shall establish procedures and requirements for preparing and submitting the reports and shall compile data concerning the amount of federal revenue received by the department. The department shall submit a copy of each of its reports to the speaker and minority leader of the house of representatives, the president and minority leader of the senate, and the legislative service commission.
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)(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 meet both of the following requirements:
(i) The percentage shall not be less than seventy-five per cent nor more than eighty-two per cent;
(ii) The percentage shall not exceed the percentage that the state's qualified state expenditures is of the state's historic state expenditures as those terms are defined in 42 U.S.C. 609(a)(7).
(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. 5101.18. (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. 5101.214. 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. 5101.36. 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. 5101.75. (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 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 last 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 be for the twelve-month period ending on the last day of June and 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 (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 to any person or
government entity on request.
In designing the format for each report, 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. 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)
To the extent that any rules adopted for the purposes of
this section require a health care professional to perform a
physical examination, the rules shall include as a health care
professional a physician assistant, a clinical nurse specialist, a
certified nurse
practitioner, or a certified nurse-midwife.
(J)(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.;
(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.
(K) The director of job and family services shall review
all
rules
adopted pursuant to this chapter at least once every
seven
years.
(L) 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. 5104.04. (A) The department of job and family services
shall
establish procedures to be followed in investigating,
inspecting,
and licensing child day-care centers and type A family
day-care
homes.
(B)(1) The department shall, at least
twice during every
twelve-month period of operation of a
center or type A home,
inspect the center or type A home.
The department shall inspect a
part-time center or part-time type
A home at least once during
every twelve-month period of operation.
The department shall
provide a written
inspection report to the licensee within a
reasonable time after
each inspection. The licensee shall display
all written reports of
inspections conducted during the current
licensing period in a conspicuous
place in the center or type A
home.
At least one inspection shall be unannounced and all
inspections may be
unannounced. No person, firm, organization,
institution, or agency shall interfere with the inspection of a
center or type A home by any state or local official
engaged in
performing duties required of the state or local official by
Chapter 5104. of the Revised
Code or rules adopted pursuant to
Chapter 5104. of
the Revised Code, including inspecting the center
or type A home,
reviewing records, or interviewing licensees,
employees,
children, or parents.
Upon receipt of any complaint that a center or type A home
is
out of compliance with the requirements of Chapter 5104. of
the
Revised Code or rules adopted pursuant to
Chapter 5104.
of the
Revised Code, the department shall investigate
and may inspect a
center or type A home.
(2) If the department implements an instrument-based program
monitoring information system, it may use an indicator checklist
to comply
with division (B)(1) of this section.
(3) The department shall, at least once during every
twelve-month period
of operation of a center or type A home,
collect information
concerning the amounts charged by the center
or home for
providing child day-care services for use in
establishing rates of
reimbursement and payment pursuant to section 5104.30 of
the Revised Code.
(C) In the event a licensed center or type A home is
determined to be out of compliance with the requirements of
Chapter 5104. of the Revised Code or rules adopted
pursuant
to
Chapter 5104. of the Revised Code, the department
shall notify
the
licensee of the center or type A home 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,
the department may commence action under
Chapter 119. of the
Revised Code to
revoke the license.
(D) The department may deny or revoke a license, or
refuse
to renew a license of a center or type A home, if the applicant
knowingly makes a false statement on the application, does not
comply with the requirements of Chapter 5104. or rules
adopted
pursuant to Chapter 5104. of the Revised
Code, or has
pleaded
guilty to or been convicted of an offense described in
section
5104.09 of the Revised Code.
(E) If the department finds, after notice and hearing
pursuant to Chapter 119. of the Revised Code, that any person,
firm, organization, institution, or agency licensed under section
5104.03 of the Revised Code is in violation of any provision of
Chapter 5104. of the Revised Code or rules adopted
pursuant
to
Chapter 5104. of the Revised Code, the department
may issue an
order of revocation to the center or type A home revoking the
license previously issued by the department. Upon the
issuance of
any order
of revocation, the person whose license is revoked may
appeal in
accordance with section 119.12 of the Revised Code.
(F) The surrender of a center or type A home license to
the
department or the withdrawal of an application for
licensure by
the owner or administrator of the center or type A home shall not
prohibit the department from instituting any of the
actions set
forth in this section.
(G) Whenever the department receives a complaint, is
advised, or otherwise has any reason to believe that a center or
type A home is providing child day-care without a license issued
or renewed pursuant to section 5104.03 and is not exempt from
licensing pursuant to section 5104.02 of the Revised Code, the
department shall investigate the center or type A home and may
inspect the
areas children have access to or areas necessary for
the care of
children in the center or type A home during suspected
hours of
operation to determine whether the center or type A home
is
subject to the requirements of Chapter 5104. or rules
adopted
pursuant to Chapter 5104. of the Revised Code.
(H) The department, upon determining that the center
or type
A home is operating without a license, shall notify the attorney
general, the prosecuting attorney of the county in which the
center or type A home is located, or the city attorney, village
solicitor, or other chief legal officer of the municipal
corporation in which the center or type A home is located, that
the center or type A home is operating without a license. Upon
receipt of the notification, the attorney general, prosecuting
attorney, city attorney, village solicitor, or other chief legal
officer of a municipal corporation shall file a complaint in the
court of common pleas of the county in which the center or type A
home is located requesting that the court grant an order
enjoining
the owner from operating the center or type A home.
The court
shall grant such injunctive relief upon a showing that
the
respondent named in the complaint is operating a center or
type A
home and is doing so without a license.
(I) The department 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. 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 provide payments to head start programs in advance of their provision of publicly funded child day-care.
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 payment and a procedure for reimbursing and paying providers of
publicly funded child day-care. In establishing the 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 rates of reimbursement and payment
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 rates of reimbursement and payment 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 rates of reimbursement and payment 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 rates 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 for 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 for 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. 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 shall 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) In modifying the manner, or establishing a new manner, for medicaid to pay for the services specified in division (A) of this section, the director shall include a provision for obtaining federal financial participation for the costs that each board of alcohol, drug addiction, and mental health services incurs in its administration of those services. Except as provided in section 5111.92 of the Revised Code, the department of job and family services shall pay the federal financial participation obtained for such administrative costs to the board that incurs the administrative costs.
(C)
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. In the case of individuals 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, all of the following apply:
(1) Not later than July 1, 2004, the department shall designate a portion of the individuals for participation in the care management system.
(2) Individuals shall not be designated for participation unless they reside in a county in which individuals who receive medicaid on another basis have been designated for participation.
(3) If, pursuant to division (B)(2) of this section, the department requires or permits the individuals to obtain health care services through managed care organizations, the department shall select the managed care organizations to be used by the individuals through a request for proposals process. The department shall issue its initial request for proposals not later than December 31, 2003.
(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. For the purpose of determining the amount the
department of job and family services
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,
a managed care organization under contract with the department 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 shall keep detailed
records for each hospital with
which
it contracts about the cost
to the hospital of providing the
services, payments
made by the
organization to the hospital for the
services, utilization of
hospital
services by medicaid
recipients enrolled in the organization, and
other utilization
data required by the department.
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)
"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, consumer satisfaction survey fees paid under section 173.55 of the Revised Code, 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)
"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."
(L)
"Maintenance and repair expenses" means, except as
provided in division (X)(Y)(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)
"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)
"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.
(O) "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)(P)
"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)(Q)
"Patient" includes
"resident."
(Q)(R) Except as provided in divisions (Q)(R)(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)(S)
"Provider" means a person or government entity that
operates a nursing facility or intermediate care facility for the
mentally retarded under a provider agreement.
(S)(T)
"Provider agreement" means a contract between the
department of job and family services and 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)(U)
"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)(V)
"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)(W)
"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)(X)
"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)(Y)
"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)(Y)(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.
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, and 5111.6810 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 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 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 audit report in accordance with division
(B)
of section 5111.27 of the Revised Code, six years after all
appeal
rights relating to the 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 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. 5111.222. 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. 5111.25. (A) The department of job and family
services
shall pay each eligible nursing facility a per resident
per day
rate
for its reasonable capital costs established
prospectively
each fiscal year
for each facility. Except as
otherwise provided
in sections 5111.20 to
5111.32 of the Revised
Code, the rate shall
be based on the facility's capital
costs for
the calendar year
preceding the fiscal year in which the rate will
be paid. The
rate shall equal the sum of divisions (A)(1) to (3)
of this
section:
(1) The lesser of the following:
(a) Eighty-eight and sixty-five one-hundredths per cent of
the facility's desk-reviewed, actual, allowable, per diem cost of
ownership and eighty-five per cent of the facility's actual,
allowable, per diem cost of nonextensive renovation determined
under division (F) of this section;
(b) Eighty-eight and sixty-five one-hundredths per cent of
the following
limitation:
(i) For the fiscal year beginning July 1, 1993, sixteen
dollars per resident day;
(ii) For the fiscal year beginning July 1, 1994, sixteen
dollars per resident day, adjusted to reflect the rate of
inflation for the twelve-month period beginning July 1, 1992, and
ending June 30, 1993, using the consumer price index for shelter
costs for all urban consumers for the north central region,
published by the United States bureau of labor statistics;
(iii) For subsequent fiscal years, the limitation in
effect
during the previous fiscal year, adjusted to reflect the
rate of
inflation for the twelve-month period beginning on the
first day
of July for the calendar year preceding the calendar
year that
precedes the fiscal year and ending on the following
thirtieth day
of June, using the consumer price index for shelter
costs for all
urban consumers for the north central region,
published by the
United States bureau of labor statistics.
(2) Any efficiency incentive determined under division (D)
of this section;
(3) Any amounts for return on equity determined under
division (H) of this section.
Buildings shall be depreciated using the straight line
method
over forty years or over a different period approved by
the
department. Components and equipment shall be depreciated
using
the straight-line method over a period designated in rules
adopted
by the director of job and family services in
accordance with
Chapter 119. of the
Revised Code, consistent with the guidelines
of the American
hospital association, or over a different period
approved by the
department. Any rules adopted under this division
that specify
useful lives of buildings, components, or equipment
apply only to
assets acquired on or after July 1, 1993.
Depreciation for costs
paid or reimbursed by any government agency
shall not be included
in cost of ownership or renovation unless
that part of the
payment under sections 5111.20 to 5111.32 of the
Revised Code is
used to reimburse the government agency.
(B) The capital cost basis of nursing facility assets
shall
be determined in the following manner:
(1) For purposes of calculating the rate to be paid for the
fiscal year beginning July 1, 1993, for facilities
with dates of
licensure on or before
June 30, 1993, the capital cost basis shall
be equal to the
following:
(a) For facilities that have not had a change of ownership
during the period beginning January 1, 1993, and ending June 30,
1993, the desk-reviewed, actual, allowable capital cost basis
that
is listed on the facility's cost report for the cost
reporting
period ending December 31, 1992, plus the actual,
allowable
capital cost basis of any assets constructed or
acquired after
December 31, 1992, but before July 1, 1993, if the
aggregate
capital costs of those assets would increase the
facility's rate
for capital costs by twenty or more cents per
resident per day.
(b) For facilities that have a date of licensure or had a
change of ownership during the period beginning January 1, 1993,
and ending June 30, 1993, the actual, allowable capital cost
basis
of the person or government entity that owns the facility
on June
30, 1993.
Capital cost basis shall be calculated as provided in
division (B)(1) of this section subject to approval by the United
States health care financing administration of any necessary
amendment to the state plan for providing medical assistance.
The department shall include the actual, allowable capital
cost basis of assets constructed or acquired during the period
beginning January 1, 1993, and ending June 30, 1993, in the
calculation for the facility's rate effective July 1, 1993, if
the
aggregate capital costs of the assets would increase the
facility's rate by twenty or more cents per resident per day and
the facility provides the department with sufficient
documentation
of the costs before June 1, 1993. If the facility
provides the
documentation after that date, the department shall
adjust the
facility's rate to reflect the costs of the assets one
month after
the first day of the month after the department
receives the
documentation.
(2) Except as provided in division (B)(4) of this
section,
for purposes of calculating the rates to be paid for
fiscal years
beginning after June 30, 1994, for
facilities with dates of
licensure on or before June 30,
1993, the capital cost basis of
each asset shall be equal to the
desk-reviewed, actual, allowable,
capital cost basis that is
listed on the facility's cost report
for the calendar year
preceding the fiscal year during which the
rate will be paid.
(3) For facilities with dates of licensure after June
30,
1993, the capital cost basis shall be determined in
accordance
with the principles of the medicare program established under
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42
U.S.C.A. 301, as amended, except as otherwise provided in
sections
5111.20 to 5111.32 of the Revised Code.
(4) Except as provided in division (B)(5) of this
section,
if a provider transfers an interest in a facility to
another
provider
after June 30, 1993, there shall be no increase in the
capital
cost basis of the asset if the providers are related
parties. If
the providers are not related parties or if they are
related parties and
division (B)(5) of this section requires the
adjustment of the
capital cost basis under this division, the
basis of the asset
shall be adjusted by the lesser of the
following:
(a) One-half of the change in construction costs during
the
time that the transferor held the asset, as calculated by the
department of job and family services using the "Dodge
building
cost indexes, northeastern and north central states," published by
Marshall and Swift;
(b) One-half of the change in the consumer price index for
all items for all urban consumers, as published by the United
States bureau of labor statistics, during the time that the
transferor held the asset.
(5) If a provider transfers an interest in a
facility to
another provider who is a related party, the capital cost basis of
the asset
shall be adjusted as specified in division
(B)(4) of
this section for a transfer to a provider that is not a
related
party if all of the following conditions are met:
(a) The related party is a relative
of owner;
(b) Except as provided in division
(B)(5)(c)(ii) of this
section, the
provider making the transfer
retains no ownership
interest in the facility;
(c) The department of job and family services
determines
that the transfer is an arm's length
transaction
pursuant to
rules
the department shall adopt in accordance with Chapter 119.
of the
Revised Code no later than December 31,
2000. The rules
shall
provide that a transfer is an arm's length transaction if all of
the following apply:
(i) Once the transfer goes into effect, the provider that
made
the transfer has no direct or indirect interest in the
provider that acquires
the facility or the
facility itself,
including interest as an owner, officer, director, employee,
independent contractor,
or consultant, but excluding interest as a
creditor.
(ii) The provider that made the transfer does not reacquire
an
interest in the facility except through the exercise of a
creditor's rights in
the event of a default. If the provider
reacquires an interest in the
facility in this
manner, the
department shall treat the facility as if the transfer
never
occurred when the department calculates its reimbursement
rates
for capital costs.
(iii) The transfer satisfies any other criteria specified in
the
rules.
(d) Except in the case of hardship
caused by a catastrophic
event, as determined by the department,
or in the case of a
provider making the transfer who is at least sixty-five
years of
age,
not less than twenty years have elapsed since, for the same
facility, the capital cost basis was adjusted most recently under
division
(B)(5) of this section or
actual, allowable cost of
ownership was determined most recently under
division (C)(9) of
this section.
(C) As used in this division, "lease expense" means lease
payments in the case of an operating lease and depreciation
expense and interest expense in the case of a capital lease. As
used in this division, "new lease" means a lease, to a different
lessee, of a nursing facility that previously was operated under
a
lease.
(1) Subject to the limitation specified in division (A)(1)
of this section, for a lease of a facility that was effective on
May 27, 1992, the entire lease expense is an actual, allowable
cost of ownership during the term of the existing lease. The
entire lease expense also is an actual, allowable cost of
ownership if a lease in existence on May 27, 1992, is renewed
under either of the following circumstances:
(a) The renewal is pursuant to a renewal option that was
in
existence on May 27, 1992;
(b) The renewal is for the same lease payment amount and
between the same parties as the lease in existence on May 27,
1992.
(2) Subject to the limitation specified in division (A)(1)
of this section, for a lease of a facility that was in existence
but not operated under a lease on May 27, 1992, actual, allowable
cost of ownership shall include the lesser of the annual lease
expense or the annual depreciation expense and imputed interest
expense that would be calculated at the inception of the lease
using the lessor's entire historical capital asset cost basis,
adjusted by the lesser of the following amounts:
(a) One-half of the change in construction costs during
the
time the lessor held each asset until the beginning of the
lease,
as calculated by the department using the "Dodge building
cost
indexes, northeastern and north central states," published
by
Marshall and Swift;
(b) One-half of the change in the consumer price index for
all items for all urban consumers, as published by the United
States bureau of labor statistics, during the time the lessor
held
each asset until the beginning of the lease.
(3) Subject to the limitation specified in division (A)(1)
of this section, for a lease of a facility with a date of
licensure on or after May 27, 1992, that is initially operated
under a lease, actual, allowable cost of ownership shall include
the annual lease expense if there was a substantial commitment of
money for construction of the facility after December 22, 1992,
and before July 1, 1993. If there was not a substantial
commitment of money after December 22, 1992, and before July 1,
1993, actual, allowable cost of ownership shall include the
lesser
of the annual lease expense or the sum of the following:
(a) The annual depreciation expense that would be
calculated
at the inception of the lease using the lessor's
entire historical
capital asset cost basis;
(b) The greater of the lessor's actual annual amortization
of financing costs and interest expense at the inception of the
lease or the imputed interest expense calculated at the inception
of the lease using seventy per cent of the lessor's historical
capital asset cost basis.
(4) Subject to the limitation specified in division (A)(1)
of this section, for a lease of a facility with a date of
licensure on or after May 27, 1992, that was not initially
operated under a lease and has been in existence for ten years,
actual, allowable cost of ownership shall include the lesser of
the annual lease expense or the annual depreciation expense and
imputed interest expense that would be calculated at the
inception
of the lease using the entire historical capital asset
cost basis
of the lessor, adjusted by the lesser of the
following:
(a) One-half of the change in construction costs during
the
time the lessor held each asset until the beginning of the
lease,
as calculated by the department using the "Dodge building
cost
indexes, northeastern and north central states," published
by
Marshall and Swift;
(b) One-half of the change in the consumer price index for
all items for all urban consumers, as published by the United
States bureau of labor statistics, during the time the lessor
held
each asset until the beginning of the lease.
(5) Subject to the limitation specified in division (A)(1)
of this section, for a new lease of a facility that was operated
under a lease on May 27, 1992, actual, allowable cost of
ownership
shall include the lesser of the annual new lease
expense or the
annual old lease payment. If the old lease was in
effect for ten
years or longer, the old lease payment from the
beginning of the
old lease shall be adjusted by the lesser of the
following:
(a) One-half of the change in construction costs from the
beginning of the old lease to the beginning of the new lease, as
calculated by the department using the "Dodge building cost
indexes, northeastern and north central states," published by
Marshall and Swift;
(b) One-half of the change in the consumer price index for
all items for all urban consumers, as published by the United
States bureau of labor statistics, from the beginning of the old
lease to the beginning of the new lease.
(6) Subject to the limitation specified in division (A)(1)
of this section, for a new lease of a facility that was not in
existence or that was in existence but not operated under a lease
on May 27, 1992, actual, allowable cost of ownership shall
include
the lesser of annual new lease expense or the annual
amount
calculated for the old lease under division (C)(2), (3),
(4), or
(6) of this section, as applicable. If the old lease was
in
effect for ten years or longer, the lessor's historical
capital
asset cost basis shall be adjusted by the lesser of the
following
for purposes of calculating the annual amount under
division
(C)(2), (3), (4), or (6) of this section:
(a) One-half of the change in construction costs from the
beginning of the old lease to the beginning of the new lease, as
calculated by the department using the "Dodge building cost
indexes, northeastern and north central states," published by
Marshall and Swift;
(b) One-half of the change in the consumer price index for
all items for all urban consumers, as published by the United
States bureau of labor statistics, from the beginning of the old
lease to the beginning of the new lease.
In the case of a lease under division (C)(3) of this
section
of a facility for which a substantial commitment of money
was made
after December 22, 1992, and before July 1, 1993, the
old lease
payment shall be adjusted for the purpose of
determining the
annual amount.
(7) For any revision of a lease described in division
(C)(1), (2), (3), (4), (5), or (6) of this section, or for any
subsequent lease of a facility operated under such a lease, other
than execution of a new lease, the portion of actual, allowable
cost of ownership attributable to the lease shall be the same as
before the revision or subsequent lease.
(8) Except as provided in division
(C)(9) of this section,
if a
provider leases an interest in a facility to another provider
who is a related
party, the related party's actual, allowable cost
of ownership shall
include the lesser of the annual lease expense
or the reasonable
cost to the lessor.
(9) If a provider leases an interest in a facility to
another provider who
is a related party, regardless of the date of
the lease, the related
party's actual, allowable cost of ownership
shall include the annual lease
expense, subject to the limitations
specified in divisions
(C)(1) to (7) of this section,
if all of
the following conditions are met:
(a) The related party is a relative of owner;
(b) If the lessor retains an
ownership interest, it is,
except as provided in division
(C)(9)(c)(ii) of this section, in
only the real property and any improvements
on the real property;
(c) The department of job and family services
determines
that the lease is an arm's length transaction
pursuant to
rules
the department shall adopt in accordance with Chapter 119.
of the
Revised Code no later than December 31,
2000. The rules
shall
provide that a lease is an arm's length transaction if all of the
following apply:
(i) Once the lease goes into effect, the lessor has no
direct or
indirect interest in the lessee or, except as provided
in division
(C)(9)(b) of this section, the facility itself,
including
interest as an owner, officer, director, employee,
independent contractor, or
consultant, but excluding interest
as a
lessor.
(ii) The lessor does not reacquire an interest in the
facility
except through the exercise of a lessor's rights in the
event of a default.
If the lessor reacquires
an interest in the
facility in this manner, the department shall
treat the facility
as if the lease never occurred when the
department calculates its
reimbursement rates for capital costs.
(iii) The lease satisfies any other criteria specified in
the
rules.
(d) Except in the case of hardship
caused by a catastrophic
event, as determined by the department,
or in the case of a lessor
who is at least sixty-five years of age, not less
than twenty
years have elapsed since, for the same facility, the
capital cost
basis was adjusted most recently under division
(B)(5) of this
section or
actual, allowable cost of ownership was determined most
recently under
division (C)(9) of this section.
(10) This division does not apply to leases of specific
items of equipment.
(D)(1) Subject to division (D)(2) of this section, the
department shall pay
each nursing facility an efficiency incentive
that is equal to fifty per cent
of the difference between the
following:
(a) Eighty-eight and sixty-five one-hundredths per cent of
the facility's
desk-reviewed, actual, allowable, per diem cost of
ownership;
(b) The applicable amount specified in division (E) of
this
section.
(2) The efficiency incentive paid to a
nursing facility
shall not exceed the greater of the following:
(a) The efficiency incentive the facility was paid
during
the fiscal year ending June 30, 1994;
(b) Three dollars per resident per day, adjusted
annually
for rates paid beginning July 1, 1994, for the
inflation rate for
the twelve-month period beginning on the first
day of July of the
calendar year preceding the calendar
year that precedes the fiscal
year for which the efficiency
incentive is determined and ending
on the thirtieth day of the
following June, using the consumer
price index for
shelter costs for all urban consumers for the
north central
region, as published by the United States
bureau of
labor statistics.
(3) For purposes of calculating the efficiency
incentive,
depreciation for costs that are paid or reimbursed by any
government agency shall be considered as costs of ownership, and
renovation costs that are paid under division (F) of this section
shall not be considered costs of ownership.
(E) The following amounts shall be used to calculate
efficiency incentives for nursing facilities under this section:
(1) For facilities with dates of licensure prior to
January
1, 1958, four dollars and twenty-four cents per patient
day;
(2) For facilities with dates of licensure after December
31, 1957, but prior to January 1, 1968:
(a) Five dollars and twenty-four cents per patient day if
the cost of construction was three thousand five hundred dollars
or more per bed;
(b) Four dollars and twenty-four cents per patient day if
the cost of construction was less than three thousand five
hundred
dollars per bed.
(3) For facilities with dates of licensure after December
31, 1967, but prior to January 1, 1976:
(a) Six dollars and twenty-four cents per patient day if
the
cost of construction was five thousand one hundred fifty
dollars
or more per bed;
(b) Five dollars and twenty-four cents per patient day if
the cost of construction was less than five thousand one hundred
fifty dollars per bed, but exceeded three thousand five hundred
dollars per bed;
(c) Four dollars and twenty-four cents per patient day if
the cost of construction was three thousand five hundred dollars
or less per bed.
(4) For facilities with dates of licensure after December
31, 1975, but prior to January 1, 1979:
(a) Seven dollars and twenty-four cents per patient day if
the cost of construction was six thousand eight hundred dollars
or
more per bed;
(b) Six dollars and twenty-four cents per patient day if
the
cost of construction was less than six thousand eight hundred
dollars per bed but exceeded five thousand one hundred fifty
dollars per bed;
(c) Five dollars and twenty-four cents per patient day if
the cost of construction was five thousand one hundred fifty
dollars or less per bed, but exceeded three thousand five hundred
dollars per bed;
(d) Four dollars and twenty-four cents per patient day if
the cost of construction was three thousand five hundred dollars
or less per bed.
(5) For facilities with dates of licensure after December
31, 1978, but prior to January 1, 1981:
(a) Seven dollars and seventy-four cents per patient day
if
the cost of construction was seven thousand six hundred
twenty-five dollars or more per bed;
(b) Seven dollars and twenty-four cents per patient day if
the cost of construction was less than seven thousand six hundred
twenty-five dollars per bed but exceeded six thousand eight
hundred dollars per bed;
(c) Six dollars and twenty-four cents per patient day if
the
cost of construction was six thousand eight hundred dollars
or
less per bed but exceeded five thousand one hundred fifty
dollars
per bed;
(d) Five dollars and twenty-four cents per patient day if
the cost of construction was five thousand one hundred fifty
dollars or less but exceeded three thousand five hundred dollars
per bed;
(e) Four dollars and twenty-four cents per patient day if
the cost of construction was three thousand five hundred dollars
or less per bed.
(6) For facilities with dates of licensure in 1981 or any
year thereafter prior to December 22, 1992, the following amount:
(a) For facilities with construction costs less than seven
thousand six hundred twenty-five dollars per bed, the applicable
amounts for the construction costs specified in divisions
(E)(5)(b) to (e) of this section;
(b) For facilities with construction costs of seven
thousand
six hundred twenty-five dollars or more per bed, six
dollars per
patient day, provided that for 1981 and annually
thereafter prior
to December 22, 1992, the 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 is closed, the owner
shall
refund to the
department the amount of excess depreciation
paid to
the facility by the
department for each year the owner has
operated the facility under a provider
agreement and prorated
according to the number of medicaid patient days for
which the
facility has received payment. If a nursing facility is sold
after
five or fewer years of operation under a provider
agreement,
the refund to the
department shall be equal to the excess
depreciation paid to the facility. If
a nursing facility is sold
after more than five years but less than ten years
of operation
under a provider agreement, the refund to the department shall
equal the excess depreciation paid to the facility multiplied by
twenty per cent, multiplied by the difference between ten and the
number of years that the facility was operated under a provider
agreement. If a nursing facility is sold after ten or more years
of operation under a provider agreement, the owner shall not
refund any excess depreciation to the department. The
owner of a nursing
facility that is sold or that
voluntarily terminates undergoes a voluntary withdrawal of participation
in the medical assistance
program, as defined in section 5111.65 of the Revised Code, 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. 5111.251. (A) The department of job and family
services shall pay each eligible intermediate care facility for
the mentally
retarded for its reasonable capital costs, a per
resident per day
rate established prospectively each fiscal year
for each
intermediate care facility for the mentally retarded.
Except as
otherwise provided in sections 5111.20 to 5111.32 of the
Revised
Code, the rate shall be based on the facility's capital
costs for
the calendar year preceding the fiscal year in which the
rate
will be paid. The rate shall equal the sum of the following:
(1) The facility's desk-reviewed, actual, allowable, per
diem cost of ownership for the preceding cost reporting period,
limited as provided in divisions (C) and (F) of this section;
(2) Any efficiency incentive determined under division (B)
of this section;
(3) Any amounts for renovations determined under division
(D) of this section;
(4) Any amounts for return on equity determined under
division (I) of this section.
Buildings shall be depreciated using the straight line
method
over forty years or over a different period approved by
the
department. Components and equipment shall be depreciated
using
the straight line method over a period designated by the
director
of job and family services in rules adopted
in accordance with
Chapter 119. of
the Revised Code, consistent with the guidelines
of the American
hospital association, or over a different period
approved by the
department of job and family services. Any rules
adopted
under this division that specify
useful lives of
buildings, components, or equipment apply only to
assets acquired
on or after July 1, 1993. Depreciation for costs
paid or
reimbursed by any government agency shall not be included
in costs
of ownership or renovation unless that part of the
payment under
sections 5111.20 to 5111.32 of the Revised Code is
used to
reimburse the government agency.
(B) The department of job and family services shall pay
to
each intermediate care facility for the mentally retarded an
efficiency
incentive equal
to fifty per cent of the difference
between any desk-reviewed,
actual, allowable cost of ownership and
the applicable limit on
cost of ownership payments under division
(C) of this section. For purposes
of computing the efficiency
incentive, depreciation for costs paid or
reimbursed by any
government agency shall be considered as a cost of
ownership, and
the applicable limit under division (C) of this section shall
apply both to facilities with more than eight beds and facilities
with eight
or fewer beds. The efficiency incentive paid to a
facility with eight or
fewer beds shall not exceed
three dollars
per patient day, adjusted annually for the
inflation rate for the
twelve-month period beginning on the first
day of July of the
calendar year preceding the calendar year that
precedes the fiscal
year for which the efficiency incentive is
determined and ending
on the thirtieth day of the following June,
using the consumer
price index for shelter costs for all urban
consumers for the
north central region, as published by the
United States bureau of
labor statistics.
(C) Cost of ownership payments to intermediate care
facilities for the mentally retarded with more than eight beds
shall not exceed the following limits:
(1) For facilities with dates of licensure prior to
January
1, l958, not exceeding two dollars and fifty cents per
patient
day;
(2) For facilities with dates of licensure after December
31, l957, but prior to January 1, l968, not exceeding:
(a) Three dollars and fifty cents per patient day if the
cost of construction was three thousand five hundred dollars or
more per bed;
(b) Two dollars and fifty cents per patient day if the
cost
of construction was less than three thousand five hundred
dollars
per bed.
(3) For facilities with dates of licensure after December
31, l967, but prior to January 1, l976, not exceeding:
(a) Four dollars and fifty cents per patient day if the
cost
of construction was five thousand one hundred fifty dollars
or
more per bed;
(b) Three dollars and fifty cents per patient day if the
cost of construction was less than five thousand one hundred
fifty
dollars per bed, but exceeds three thousand five hundred
dollars
per bed;
(c) Two dollars and fifty cents per patient day if the
cost
of construction was three thousand five hundred dollars or
less
per bed.
(4) For facilities with dates of licensure after December
31, l975, but prior to January 1, l979, not exceeding:
(a) Five dollars and fifty cents per patient day if the
cost
of construction was six thousand eight hundred dollars or
more per
bed;
(b) Four dollars and fifty cents per patient day if the
cost
of construction was less than six thousand eight hundred
dollars
per bed but exceeds five thousand one hundred fifty
dollars per
bed;
(c) Three dollars and fifty cents per patient day if the
cost of construction was five thousand one hundred fifty dollars
or less per bed, but exceeds three thousand five hundred dollars
per bed;
(d) Two dollars and fifty cents per patient day if the
cost
of construction was three thousand five hundred dollars or
less
per bed.
(5) For facilities with dates of licensure after December
31, l978, but prior to January 1, l980, not exceeding:
(a) Six dollars per patient day if the cost of
construction
was seven thousand six hundred twenty-five dollars
or more per
bed;
(b) Five dollars and fifty cents per patient day if the
cost
of construction was less than seven thousand six hundred
twenty-five dollars per bed but exceeds six thousand eight
hundred
dollars per bed;
(c) Four dollars and fifty cents per patient day if the
cost
of construction was six thousand eight hundred dollars or
less per
bed but exceeds five thousand one hundred fifty dollars
per bed;
(d) Three dollars and fifty cents per patient day if the
cost of construction was five thousand one hundred fifty dollars
or less but exceeds three thousand five hundred dollars per bed;
(e) Two dollars and fifty cents per patient day if the
cost
of construction was three thousand five hundred dollars or
less
per bed.
(6) For facilities with dates of licensure after
December
31, 1979, but prior to
January 1, 1981, not exceeding:
(a) Twelve dollars per patient day if the beds were
originally licensed as
residential facility beds by the department
of mental retardation and
developmental disabilities;
(b) Six dollars per patient day if the beds were originally
licensed as nursing home beds by the department of health.
(7) For facilities with dates of licensure after December
31,
1980, but prior to January 1, 1982, not exceeding:
(a) Twelve dollars per patient day if the beds were
originally
licensed as residential facility beds by the department
of mental retardation
and developmental disabilities;
(b) Six dollars and forty-five cents per patient day if the
beds
were originally licensed as nursing home beds by the
department of health.
(8) For facilities with dates of licensure after December
31,
1981, but prior to January 1, 1983, not exceeding:
(a) Twelve dollars per patient day if the beds were
originally
licensed as residential facility beds by the department
of mental retardation
and developmental disabilities;
(b) Six dollars and seventy-nine cents per patient day if
the beds
were originally licensed as nursing home beds by the
department of health.
(9) For facilities with dates of licensure after December
31,
1982, but prior to January 1, 1984, not exceeding:
(a) Twelve dollars per patient day if the beds were
originally
licensed as residential facility beds by the department
of mental retardation
and developmental disabilities;
(b) Seven dollars and nine cents per patient day if the beds
were
originally licensed as nursing home beds by the department of
health.
(10) For facilities with dates of licensure after December
31,
1983, but prior to January 1, 1985, not exceeding:
(a) Twelve dollars and twenty-four cents per patient day if
the
beds were originally
licensed as residential facility beds by
the department of mental retardation
and developmental
disabilities;
(b) Seven dollars and twenty-three cents per patient day if
the
beds were
originally licensed as nursing home beds by the
department of health.
(11) For facilities with dates of licensure after December
31,
1984, but prior to January 1, 1986, not exceeding:
(a) Twelve dollars and fifty-three cents per patient day if
the
beds were originally
licensed as residential facility beds by
the department of mental retardation
and developmental
disabilities;
(b) Seven dollars and forty cents per patient day if the
beds were
originally licensed as nursing home beds by the
department of health.
(12) For facilities with dates of licensure after December
31,
1985, but prior to January 1, 1987, not exceeding:
(a) Twelve dollars and seventy cents per patient day if the
beds were originally
licensed as residential facility beds by the
department of mental retardation
and developmental disabilities;
(b) Seven dollars and fifty cents per patient day if the
beds were
originally licensed as nursing home beds by the
department of health.
(13) For facilities with dates of licensure after December
31,
1986, but prior to January 1, 1988, not exceeding:
(a) Twelve dollars and ninety-nine cents per patient day if
the
beds were originally
licensed as residential facility beds by
the department of mental retardation
and developmental
disabilities;
(b) Seven dollars and sixty-seven cents per patient day if
the
beds were
originally licensed as nursing home beds by the
department of health.
(14) For facilities with dates of licensure after December
31,
1987, but prior to January 1, 1989, not exceeding thirteen
dollars and
twenty-six cents per patient day;
(15) For facilities with dates of licensure after December
31,
1988, but prior to January 1, 1990, not exceeding thirteen
dollars and
forty-six cents per patient day;
(16) For facilities with dates of licensure after December
31,
1989, but prior to January 1, 1991, not exceeding thirteen
dollars and
sixty cents per patient day;
(17) For facilities with dates of licensure after December
31,
1990, but prior to January 1, 1992, not exceeding thirteen
dollars and
forty-nine cents per patient day;
(18) For facilities with dates of licensure after December
31,
1991, but prior to January 1, 1993, not exceeding thirteen
dollars and
sixty-seven cents per patient day;
(19) For facilities with dates of licensure after December
31,
1992, not exceeding fourteen dollars and twenty-eight cents
per patient day.
(D) Beginning January 1, 1981, regardless of the original
date of licensure, the department of job and family
services shall
pay a rate for the per
diem capitalized costs of renovations to
intermediate care
facilities for the mentally retarded made after
January 1, l981,
not exceeding six dollars per patient day using
1980 as the base
year and adjusting the amount annually until June
30, 1993, for
fluctuations in construction costs calculated by the
department
using the "Dodge building cost indexes, northeastern
and north
central states," published by Marshall and Swift. The
payment
provided for in this division is the only payment that
shall be
made for the capitalized costs of a nonextensive
renovation of an
intermediate care facility for the mentally
retarded.
Nonextensive renovation costs shall not be included in
cost of
ownership, and a nonextensive renovation shall not affect
the
date of licensure for purposes of division (C) of this
section.
This division applies to nonextensive renovations
regardless of
whether they are made by an owner or a lessee. If
the tenancy of
a lessee that has made renovations ends before the
depreciation
expense for the renovation costs has been fully
reported, the
former lessee shall not report the undepreciated
balance as an
expense.
For a nonextensive renovation to qualify for payment under
this division, both of the following conditions must be met:
(1) At least five years have elapsed since the date of
licensure or date of an extensive renovation of the portion of
the
facility that is proposed to be renovated, except that this
condition does not apply if the renovation is necessary to meet
the requirements of federal, state, or local statutes,
ordinances,
rules, or policies.
(2) The provider has obtained prior approval from the
department of job and family services. The provider
shall submit
a plan that describes in
detail the changes in capital assets to
be accomplished by means
of the renovation and the timetable for
completing the project.
The time for completion of the project
shall be no more than
eighteen months after the renovation begins.
The
director of
job and family services shall adopt rules in
accordance with Chapter
119. of the Revised
Code that specify
criteria and procedures for prior approval of
renovation projects.
No provider shall separate a project with
the intent to evade the
characterization of the project as a
renovation or as an extensive
renovation. No provider shall
increase the scope of a project
after it is approved by the
department of job and family services
unless the increase
in scope is approved by the department.
(E) The amounts specified in divisions (C) and (D) of this
section shall be adjusted beginning July 1, 1993, for the
estimated inflation for the twelve-month period beginning on the
first day of July of the calendar year preceding the calendar
year
that precedes the fiscal year for which rate will be paid
and
ending on the thirtieth day of the following June, using the
consumer price index for shelter costs for all urban consumers
for
the north central region, as published by the United States
bureau
of labor statistics.
(F)(1) For facilities of eight or fewer beds that have
dates
of licensure or have been granted project authorization by
the
department of mental retardation and developmental
disabilities
before July 1, 1993, and for facilities of eight or
fewer beds
that have dates of licensure or have been granted
project
authorization after that date if the facilities
demonstrate that
they made substantial commitments of funds on or
before that date,
cost of ownership shall not exceed eighteen
dollars and thirty
cents per resident per day. The
eighteen-dollar and thirty-cent
amount shall be increased by the
change in the "Dodge building
cost indexes, northeastern and
north central states," published by
Marshall and Swift, during
the period beginning June 30, 1990, and
ending July 1, 1993, and
by the change in the consumer price index
for shelter costs for
all urban consumers for the north central
region, as published by
the United States bureau of labor
statistics, annually
thereafter.
(2) For facilities with eight or fewer beds that have
dates
of licensure or have been granted project authorization by
the
department of mental retardation and developmental
disabilities on
or after July 1, 1993, for which substantial
commitments of funds
were not made before that date, cost of
ownership payments shall
not exceed the applicable amount
calculated under division (F)(1)
of this section, if the
department of job and family services
gives prior
approval for construction of the facility
or, regardless of whether the department gives prior approval, if the facility obtains a residential facility license under section 5123.19 of the Revised Code pursuant to section 5123.1910 of the Revised Code. If the
department does not give
prior approval, cost of ownership
payments shall not exceed the
amount specified in division (C) of
this section
unless the facility obtains a residential facility license under section 5123.19 of the Revised Code pursuant to section 5123.1910 of the Revised Code.
(3) Notwithstanding divisions (D) and (F)(1)
and (2)
of
this
section, the total payment for cost of ownership, cost
of
ownership efficiency incentive, and capitalized costs of
renovations for an intermediate care facility for the mentally
retarded with eight or fewer beds shall not exceed the sum of the
limitations specified in divisions (C) and (D) of this
section.
(G) Notwithstanding any provision of this section or
section
5111.24 of the Revised Code, the director of
job and family
services may adopt
rules in accordance with Chapter 119. of the
Revised Code that
provide for a calculation of a combined maximum
payment limit for
indirect care costs and cost of ownership for
intermediate care
facilities for the mentally retarded with eight
or fewer beds.
(H) After June 30, 1980, the owner of an intermediate care
facility for the mentally retarded operating under a provider
agreement shall provide written notice to the department of
job
and family services at least forty-five days prior to entering
into any
contract of sale for the facility or voluntarily
terminating
participation in the medical assistance program.
After
the date
on which a transaction of sale of an intermediate care facility for the mentally retarded is closed, the owner
shall
refund
to the department the amount of excess depreciation
paid to
the
facility by the department for each year the owner has
operated
the facility under a provider agreement and prorated
according to
the number of medicaid patient days for which the
facility has
received payment. If an intermediate care facility
for the
mentally retarded is sold after five or fewer years of
operation
under a provider agreement, the refund to the department
shall be
equal to the excess depreciation paid to the facility.
If
an
intermediate care facility for the mentally retarded is sold
after more than five years but less than ten years of operation
under a provider agreement, the refund to the department shall
equal the excess depreciation paid to the facility multiplied by
twenty per cent, multiplied by the number of years less than ten
that a facility was operated under a provider agreement. If an
intermediate care facility for the mentally retarded is sold
after
ten or more years of operation under a provider agreement,
the
owner shall not refund any excess depreciation to the
department.
For the purposes of this division, "depreciation
paid to the
facility" means the amount paid to the intermediate
care facility
for the mentally retarded for cost of ownership
pursuant to this
section less any amount paid for interest costs.
For the purposes
of this division, "excess depreciation" is the
intermediate care
facility for the mentally retarded's
depreciated basis, which is
the owner's cost less accumulated
depreciation, subtracted from
the purchase price but not
exceeding the amount of depreciation
paid to the facility.
A cost report shall be filed with the department within
ninety days after the date on which the transaction of sale is
closed or participation is voluntarily terminated for an
intermediate care facility for the mentally retarded subject to
this division. The report shall show the accumulated
depreciation, the sales price, and other information required by
the department. The
department shall provide for a bank, trust
company, or savings and loan association to hold in escrow the
amount of the last two monthly payments to
an intermediate care
facility for the mentally retarded made
pursuant to division
(A)(1) of section 5111.22 of the Revised
Code before a sale or
voluntary termination of participation
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 intermediate care facility for
the
mentally retarded
or, if the owner fails, within the time required
by this division, to notify the department before entering into a
contract of sale for the facility, the amount of the first monthly
payment made to the facility after the department learns of the
contract, regardless of whether a new owner is in possession of
the facility.
The department shall, within ninety days following the
filing
of the cost report, audit the report and issue an audit
report to
the owner. The department also may audit any other
cost reports
for the facility that have been filed during the
previous three
years. In the audit report, the department shall
state its
findings and the amount of any money owed to the
department by the
intermediate care facility for the mentally
retarded. The
findings shall be subject to an adjudication
conducted in
accordance with Chapter 119. of the Revised Code.
No later than
fifteen days after the owner agrees to a
settlement, any funds
held in escrow less any amounts due to the
department shall be
released to the owner and amounts due to the
department shall be
paid to the department. If the amounts in
escrow are less than
the amounts due to the department, the
balance shall be paid to
the department within fifteen days after
the owner agrees to a
settlement. If the department does not
issue its audit report
within the ninety-day period, the
department shall release any
money held in escrow to the owner.
For the purposes of this
section, a transfer of corporate stock,
the merger of one
corporation into another, or a consolidation
does not constitute a
sale.
If an intermediate care facility for the mentally retarded
is
not sold or its participation is not terminated after notice
is
provided to the department under this division, the department
shall order any payments held in escrow released to the facility
upon receiving written notice from the owner that there will be
no
sale or termination of participation. After written notice is
received from an intermediate care facility for the mentally
retarded that a sale or termination of participation will not
take
place, the facility shall provide notice to the department
at
least forty-five days prior to entering into any contract of
sale
or terminating participation at any future time.
(I) The department of job and family services shall pay
each
eligible proprietary intermediate care facility for the mentally
retarded a return on the facility's net equity computed at the
rate of one and one-half times the average of interest rates on
special issues of public debt obligations issued to the federal
hospital insurance trust fund for the cost reporting period. No
facility's return on net equity paid under this division shall
exceed one dollar per patient day.
In calculating the rate for return on net equity, the
department shall use the greater of the facility's inpatient days
during the applicable cost reporting period or the number of
inpatient days the facility would have had during that period if
its occupancy rate had been ninety-five per cent.
(J)(1) Except as provided in division
(J)(2) of this
section, if a
provider leases or transfers an interest in a
facility to another provider who
is a
related party, the related
party's allowable cost of ownership
shall include the lesser of
the following:
(a) The annual lease expense or
actual cost of ownership,
whichever is applicable;
(b) The reasonable cost to the lessor
or provider making the
transfer.
(2) If a provider leases or transfers an interest in a
facility to another provider who is a related party, regardless of
the date of
the lease
or transfer, the related party's allowable
cost of ownership
shall include the annual lease expense or actual
cost of
ownership, whichever is applicable, subject to the
limitations
specified in divisions (B) to
(I) of this section, if
all of the
following conditions are met:
(a) The related party is a relative
of owner;
(b) In the case of a lease, if the lessor retains any
ownership
interest, it is, except as provided in division
(J)(2)(d)(ii) of this section, in
only the real property and any
improvements on the real
property;
(c) In the case of a transfer, the
provider making the
transfer retains, except as provided in
division (J)(2)(d)(iv) of
this
section, no ownership interest in
the facility;
(d) The department of job and family services
determines
that the lease or transfer is an arm's length
transaction
pursuant
to rules the department shall adopt in
accordance with Chapter
119. of the Revised Code no
later than
December 31, 2000. The
rules shall
provide that a lease or transfer is an arm's length
transaction if all of
the following, as applicable, apply:
(i) In the case of a lease, once the lease goes into effect,
the
lessor has no direct or indirect interest in the lessee or,
except as
provided in division (J)(2)(b) of this section, the
facility itself, including interest as an owner, officer,
director, employee,
independent contractor, or
consultant, but
excluding interest as a lessor.
(ii) In the case of a lease, the lessor does not reacquire
an
interest in the facility except through the exercise of a
lessor's rights in
the event of a default. If the lessor
reacquires an interest in the facility in this manner, the
department shall treat the facility as if the lease never occurred
when the department calculates its reimbursement rates for capital
costs.
(iii) In the case of a transfer, once the transfer goes into
effect, the provider that made the transfer has no direct or
indirect interest
in the provider that
acquires the facility or
the facility itself, including interest as an owner,
officer,
director,
employee, independent contractor, or consultant, but
excluding
interest as a creditor.
(iv) In the case of a transfer, the provider that made the
transfer does not reacquire an interest in the facility except
through the exercise of a creditor's rights in the
event of a
default. If the provider reacquires an interest in the
facility
in this manner, the department shall treat the facility
as if the
transfer never occurred when the department calculates
its
reimbursement rates for capital costs.
(v) The lease or transfer satisfies any other criteria
specified
in the rules.
(e) Except in the case of hardship
caused by a catastrophic
event, as determined by the department,
or in the case of a lessor
or provider making the transfer who is at least
sixty-five years
of age, not less than twenty years have elapsed since, for
the
same facility, allowable cost of ownership was determined
most
recently under this division.
Sec. 5111.28. (A) If a provider properly amends its cost
report under section 5111.27 of the Revised Code and the amended
report shows that the provider received a lower rate under the
original cost report than it was entitled to receive, the
department shall adjust the provider's rate prospectively to
reflect the corrected information. The department shall pay the
adjusted rate beginning two months after the first day of the
month after the provider files the amended cost report. If the
department finds, from an exception review of resident assessment
information conducted after the effective date of the rate for
direct care costs that is based on the assessment information,
that inaccurate assessment information resulted in the provider
receiving a lower rate than it was entitled to receive, the
department prospectively shall adjust the provider's rate
accordingly and shall make payments using the adjusted rate for
the remainder of the calendar quarter for which the assessment
information is used to determine the rate, beginning one month
after the first day of the month after the exception review is
completed.
(B) If the provider properly amends its cost report under
section 5111.27 of the Revised Code, the department makes a
finding based on an audit under that section, or the department
makes a finding based on an exception review of resident
assessment information conducted under that section after the
effective date of the rate for direct care costs that is based on
the assessment information, any of which results in a
determination that the provider has received a higher rate than
it
was entitled to receive, the department shall recalculate the
provider's rate using the revised information. The department
shall apply the recalculated rate to the periods when the
provider
received the incorrect rate to determine the amount of
the
overpayment. The provider shall refund the amount of the
overpayment.
In addition to requiring a refund under this division, the
department may charge the provider interest at the applicable
rate
specified in this division from the time the overpayment was
made.
(1) If the overpayment resulted from costs reported for
calendar year 1993, the interest shall be no greater than one and
one-half times the average bank prime rate.
(2) If the overpayment resulted from costs reported for
subsequent calendar years:
(a) The interest shall be no greater than two times the
average bank prime rate if the overpayment was equal to or less
than one per cent of the total medicaid payments to the provider
for the fiscal year for which the incorrect information was used
to establish a rate.
(b) The interest shall be no greater than two and one-half
times the
current average bank prime rate if the overpayment was
greater
than one per cent of the total medicaid payments to the
provider
for the fiscal year for which the incorrect information
was used
to establish a rate.
(C) The department also may impose the following
penalties:
(1) If a provider does not furnish invoices or other
documentation that the department requests during an audit within
sixty days after the request, no more than the greater of one
thousand dollars per audit or twenty-five per cent of the
cumulative amount by which the costs for which documentation was
not furnished increased the total medicaid payments to the
provider during the fiscal year for which the costs were used to
establish a rate;
(2) If an
owner exiting operator
fails to provide a properly completed notice of
sale of
the
facility
or closure, voluntary termination, voluntary withdrawal of participation in the
medical
assistance program, or change of operator, as
required by
section
5111.25 5111.66 or 5111.251 5111.67 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) 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 5111.681 of the Revised Code.
(E) The department shall transmit refunds and penalties to
the treasurer of state for deposit in the general revenue fund.
(F) For the purpose of this section, the department shall
determine the average bank prime rate using statistical release
H.15,
"selected interest rates," a weekly publication of the
federal reserve board, or any successor publication. If
statistical release H.15, or its successor, ceases to contain the
bank prime rate information or ceases to be published, the
department shall request a written statement of the average bank
prime rate from the federal reserve bank of Cleveland or the
federal reserve board.
Sec. 5111.29. (A) The director of
job and family services
shall
adopt rules in accordance with Chapter 119. of the Revised
Code
that establish a process under which a nursing facility or
intermediate care facility for the mentally retarded, or a group
or association of facilities, may seek reconsideration of rates
established under sections 5111.23 to 5111.28 of the Revised
Code,
including a rate for direct care costs recalculated before
the
effective date of the rate as a result of an exception review
of
resident assessment information conducted under section
5111.27 of
the Revised Code.
(1) Except as provided in divisions (A)(2) to (4) of this
section, the only issue that a facility, group, or association
may
raise in the rate reconsideration shall be whether the rate
was
calculated in accordance with sections 5111.23 to 5111.28 of
the
Revised Code and the rules adopted under those sections. The
rules shall permit a facility, group, or association to submit
written arguments or other materials that support its position.
The rules shall specify time frames within which the facility,
group, or association and the department must act. If the
department determines, as a result of the rate reconsideration,
that the rate established for one or more facilities is less than
the rate to which it is entitled, the department
shall increase
the rate. If the department has paid the incorrect rate for a
period of time, the department shall pay the facility the
difference between the amount it was paid for that period and the
amount it should have been paid.
(2) The rules shall provide that during a fiscal year, the
department, by means of the rate reconsideration process, may
increase a facility's rate as calculated under sections 5111.23
to
5111.28 of the Revised Code if the facility demonstrates that
its
actual, allowable costs have increased because of extreme
circumstances. A facility may qualify for a rate increase only
if
its per diem, actual, allowable costs have increased to a
level
that exceeds its total rate, including any efficiency
incentive
and return on equity payment. The rules shall specify
the
circumstances that would justify a rate increase under
division
(A)(2) of this section.
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 All of the following are subject to an adjudication conducted in accordance with Chapter 119. of the Revised Code:
(1) Any audit disallowance that the department makes as
the
result of an audit under section 5111.27 of the Revised Code,
any;
(2) Any
adverse finding that results from an exception review of
resident
assessment information conducted under that section 5111.27 of the Revised Code
after the
effective date of the facility's rate that is based on
the
assessment information, and any;
(3) Any penalty the department
imposes
under division (C) of section 5111.28 of the Revised Code
shall be
subject to an adjudication conducted in accordance with
Chapter
119. or section 5111.684 of the Revised Code.
Sec. 5111.30. 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. 5111.31. (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. 5111.65. As used in sections 5111.65 to 5111.6810 of the Revised Code:
(A) "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.
(J) "Intermediate care facility for the mentally retarded," "nursing home," "operator," and "owner" have the same meanings as in section 5111.20 of the Revised Code.
(K) "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.
(L) "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.
(M) "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. 5111.66. 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. 5111.661. 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. 5111.67. (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. 5111.671. 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 5111.67 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. 5111.672. (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 5111.67 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 5111.67 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 5111.681 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 5111.683 of the Revised Code;
(b) One hundred eighty days after the department waives the cost report requirement of section 5111.683 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 5111.67 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. 5111.673. A provider agreement that the department of job and family services enters into with an entering operator under section 5111.671 or 5111.672 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. 5111.674. 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 5111.671 or 5111.672 of the Revised Code.
Sec. 5111.675. 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 5111.671 or 5111.672 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 5111.673 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 5111.67 of the Revised Code is satisfied.
Sec. 5111.676. 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 5111.671, section 5111.672, or, pursuant to section 5111.675, section 5111.22 of the Revised Code.
Sec. 5111.677. 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 5111.671, section 5111.672, or, pursuant to section 5111.675, 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. 5111.68. (A) On receipt of a written notice under section 5111.66 of the Revised Code of a facility closure, voluntary termination, or voluntary withdrawal of participation or a written notice under section 5111.67 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 division (G) of section 5111.25 of the Revised Code or division (H) of section 5111.251 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. 5111.681. (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. 5111.682. An entering operator that provides the department of job and family services a security in the form provided by division (E)(1) of section 5111.681 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. 5111.683. (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 5111.26 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. 5111.684. If an exiting operator required by section 5111.683 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. 5111.685. 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 5111.26 and 5111.683 of the Revised Code.
Sec. 5111.686. 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 5111.683 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 division (B) of section 5111.29 of the Revised Code are subject to an adjudication conducted in accordance with Chapter 119. of the Revised Code.
Sec. 5111.687. The department of job and family services shall release the actual amount withheld under division (A) of section 5111.681 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 5111.683 of the Revised Code unless the department issues the report required by section 5111.686 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 5111.686 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 5111.683 of the Revised Code;
(C) One hundred eighty-one days after the date the department waives the cost report requirement of section 5111.683 of the Revised Code unless the department issues the report required by section 5111.686 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 5111.686 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 5111.683 of the Revised Code.
Sec. 5111.688. If the actual amount the department of job and family services withholds from an exiting operator under division (A) of section 5111.681 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 5111.687 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 5111.671 or 5111.672 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. 5111.689. The department of job and family services, at its sole discretion, may release the amount withheld under division (A) of section 5111.681 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 5111.66 or 5111.67 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 5111.66 or 5111.67 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 5111.66 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 5111.67 of the Revised Code regarding any transactions leading to a change of operator at a future time.
Sec. 5111.6810. The director of job and family services may adopt rules in accordance with Chapter 119. of the Revised Code to implement sections 5111.65 to 5111.6810 of the Revised Code, including rules applicable to an exiting operator that provides written notification under section 5111.66 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. 5111.81.
There is hereby established the pharmacy
and
therapeutics committee of the department of job and family
services. The
committee
shall consist of eight members and shall
be appointed by the director
of job and family services. The
membership of the
committee shall include: two
pharmacists
licensed under Chapter 4729. of the Revised Code;, two doctors of
medicine and two doctors of osteopathy licensed under Chapter
4731. of the
Revised Code;, a registered nurse licensed under
Chapter 4723. of the Revised
Code;, and a pharmacologist who has a
doctoral degree. The committee shall
elect one of its members as
chairperson.
The committee shall accept any written or oral testimony presented at any public meeting of the committee.
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. (A) 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.
(B) The director of job and family services may apply to the
United States secretary of health and human services for one both of the following:
(1) 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;
(2) One or more medicaid waivers that operate for three to four years each and under which home and community-based services are provided in the form of either or both of the following:
(a) Early intervention services for children under three years of age that are provided or arranged by county boards of mental retardation and developmental disabilities;
(b) Therapeutic services for children with autism. Before
the director applies
(C) 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.
(D) Before applying for a waiver under this section, the director of job and family services
shall seek, accept, and consider public comments.
Sec. 5111.871. 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 with regard to
the
component components of the
medicaid
program established by the
department of
job and family
services
under
one or more the medicaid waivers
from
the United States
secretary of
health
and human services
pursuant
to section 1915 of
the
"Social
Security Act,"
49 Stat.
620 (1935),
42 U.S.C.A. 1396n,
as amended,
to provide
eligible
medicaid recipients with
home
and
community-based
services as an
alternative to placement in
an
intermediate care
facility for the
mentally retarded sought under section 5111.87 of the Revised Code. The
contract shall
provide for the
department of mental retardation
and
developmental
disabilities to
administer the
component components in
accordance
with the terms of
the
waiver waivers. The
directors of job
and family services
and mental
retardation and developmental
disabilities shall
adopt
rules in
accordance with Chapter 119. of
the Revised Code
governing the
component components.
If the department of mental retardation and developmental
disabilities or the department of job and family services denies
an individual's application for home and community-based services
provided under this any of these medicaid component components, the department that denied
the services shall give timely notice to the individual that the
individual
may request a hearing under section 5101.35 of the
Revised Code.
The departments of mental retardation and developmental
disabilities and job and family services may approve, reduce,
deny, or terminate a service included in the individualized
service plan developed for a medicaid recipient eligible for home
and community-based services provided under this any of these medicaid
component components. The departments shall consider the recommendations a
county board of mental retardation and developmental disabilities
makes under division (A)(1)(c) of section 5126.055 of the Revised
Code. If either department approves, reduces, denies, or
terminates a
service, that department shall give timely notice to
the medicaid
recipient that the recipient may request a hearing
under section
5101.35 of the Revised Code.
If supported living or residential services, as defined in
section 5126.01 of the Revised Code, are to be provided under this
component any of these components, any person or government entity with a current, valid
medicaid provider agreement and a current, valid license under
section 5123.19 or certificate under section 5123.045 or 5126.431
of the Revised Code may provide the services.
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. 5111.873. (A) Not later than the effective date of the
first of any medicaid waivers the United States secretary of
health and human services grants pursuant to a request made under
section 5111.87 of the Revised Code, the director of job and
family services shall adopt rules in accordance with Chapter 119.
of the Revised Code establishing statewide fee schedules for home
and community-based services provided under the component of the
medicaid program authorized by that waiver that the department of mental retardation and
developmental disabilities administers under section 5111.871 of
the Revised Code. The rules shall provide for all of the
following:
(1) The department of mental retardation and developmental
disabilities arranging for the initial and ongoing collection of
cost information from a comprehensive, statistically valid sample
of persons and government entities providing the services at the
time the information is obtained;
(2) The collection of consumer-specific information through
an assessment instrument the department of mental retardation and
developmental disabilities shall provide to the department of job
and family services;
(3) With the information collected pursuant to divisions
(A)(1) and (2) of this section, an analysis of that information,
and other information the director determines relevant, methods
and standards for calculating the fee schedules that do all of the
following:
(a) Assure that the fees are consistent with
efficiency,
economy, and quality of care;
(b) Consider the intensity of consumer resource need;
(c) Recognize variations in different geographic areas
regarding the resources necessary to assure the health and welfare
of consumers;
(d) Recognize variations in environmental supports available
to consumers.
(B) As part of the process of adopting rules under this
section, the director shall consult with the director of mental
retardation and developmental disabilities, representatives of
county boards of mental retardation and developmental
disabilities, persons who provide the home and community-based
services, and other persons and government entities the director
identifies.
(C) The directors of job and family services and mental
retardation and developmental disabilities shall review the rules
adopted under this section at times they determine to ensure that
the methods and standards established by the rules for calculating
the fee schedules continue to do everything that division (A)(3)
of this section requires.
Sec. 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 Code 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 5111.98 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 5111.981 of the Revised Code, the department of job and family services shall adopt rules governing the program. If the department, pursuant to section 5111.981 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. 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 applications for disability financial assistance. While a suspension is in effect, no person shall receive a determination or redetermination of eligibility for disability financial assistance unless the person was receiving the assistance during the month immediately preceding the suspension's effective date or the person submitted an application prior to the suspension's effective date and receives a determination of eligibility based on that application. 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 applications for disability medical assistance. While a suspension is in effect, no person shall receive a determination or redetermination of eligibility for disability medical assistance unless the person was receiving the assistance during the month immediately preceding the suspension's effective date or the person submitted an application prior to the suspension's effective date and receives a determination of eligibility based on that application. 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. 5120.09. Under the supervision and control of the
director of rehabilitation and correction, the division of
business administration shall do all of the following:
(A) Submit the budgets for the several divisions of the department of
rehabilitation and correction, as prepared by the respective chiefs
of those divisions, to the director. The director, with
the assistance of the chief of the division of business
administration, shall compile a departmental budget that
contains all proposals submitted by the chiefs of the divisions and shall
forward the departmental budget to the governor with comments and
recommendations that the director considers necessary.
(B) Maintain accounts and records and compile
statistics that the director prescribes;
(C) Under the control of the director, coordinate and make
the necessary purchases and requisitions for the department and
its divisions, except as provided under section
5119.16 of the Revised Code;
(D) Administer within this state federal criminal justice acts
that the governor requires the department to administer. In
order to improve the criminal justice system of this state, the
division of business administration shall apply for, allocate,
disburse, and account for grants that are made available
pursuant to those federal criminal justice acts and grants that
are made available from other federal government sources, state
government sources, or private sources. As used in this
division, "criminal justice system" and "federal criminal
justice acts" have the same meanings as in section 181.51 109.98 of the
Revised Code.
(E) Audit the activities of governmental entities, persons as defined in
section 1.59 of the Revised Code, and other types of nongovernmental entities
that are financed in whole or in part by funds that the department allocates
or disburses and that are derived from grants described in division (D) of
this section;
(F) Enter into contracts, including contracts with federal, state, or local
governmental entities, persons as defined in section 1.59 of the Revised Code,
foundations, and other types of nongovernmental entities, that are necessary
for the department to carry out its duties and that neither the director nor
another
section of the Revised Code authorizes another
division of the department to enter;
(G) Exercise other powers and perform other duties that the director may
assign to the division of business administration.
Sec. 5120.51. (A)(1) If the director of rehabilitation
and
correction determines that a bill introduced in the general
assembly is likely to have a significant impact on the population
of, or the cost of operating, any or all state correctional
institutions under
the administration of the
department of
rehabilitation and correction, the department shall
prepare a
population and cost impact statement for the bill, in
accordance
with division (A)(2) of this section.
(2) A population and cost impact statement required for a
bill
nshall shall estimate the increase or decrease in the
correctional
institution population that likely would result if
the bill
were enacted, shall estimate, in dollars, the amount by
which
revenues or expenditures likely would increase or decrease
if the
bill were enacted, and briefly shall explain each of the
estimates.
A population and cost impact statement required for a bill
initially shall be prepared after the bill is referred to a
committee of the general assembly in the house of origination but
before the meeting of the committee at which the committee is
scheduled to vote on whether to recommend the bill for passage. A
copy of the
statement shall be distributed to each member of
the
committee that is considering the bill and to the member of
the
general assembly who introduced it. If the bill is
recommended
for passage by the committee, the department shall
update the
statement before the bill is taken up for final
consideration by
the house of origination. A copy of the updated
statement shall
be distributed to each member of that house and
to the member of
the general assembly who introduced the bill. If the bill is
passed by the house of origination and is
introduced in the second
house, the provisions of this division
concerning the preparation,
updating, and distribution of the
statement in the house of
origination also apply in the second
house.
(B) The governor or any member of the general assembly, at
any time, may request the department to prepare a population and
cost impact statement for any bill introduced in the general
assembly. Upon receipt of a request, the department promptly
shall prepare a statement that includes the estimates and
explanations described in division (A)(2) of this section and
present a copy of it to the governor or member who made the
request.
(C) In the preparation of a population and cost impact
statement required by division (A) or (B) of this section, the
department shall use a technologically sophisticated system
capable of estimating future state correctional institution
populations. The
system shall have the capability to
adjust its
estimates based on actual and proposed changes in
sentencing laws
and trends, sentence durations, parole rates,
crime rates, and any
other data that affect state correctional institution
populations.
The department, in
conjunction with the advisory committee
appointed under division
(E) of this section, shall review and
update the data used in the
system, not less than once every six
months, to improve the
accuracy of the system.
(D) At least once every six months, the department shall
provide to the correctional institution inspection committee a
copy of the estimates of state correctional institution
populations obtained through use of the system described in
division (C) of this section and a description of the assumptions
regarding sentencing laws and trends, sentence durations, parole
rates, crime rates, and other relevant data that were made by the
department to obtain the estimates. Additionally, a copy of the
estimates and a description of the assumptions made to obtain
them
shall be provided, upon reasonable request, to other
legislative
staff, including the staff of the legislative service
commission
and the legislative budget office of the legislative
service
commission, to the office of budget and management, and
to the
office bureau of criminal justice services.
(E) The correctional institution inspection committee
shall
appoint an advisory committee to review the operation of
the
system for estimating future state correctional institution
populations that is used by the department in the preparation of
population cost impact statements pursuant to this section and to
join with the department in its reviews and updating of the data
used in the system under division (C) of this section. The
advisory committee shall be comprised of at least one prosecuting
attorney, at least one common pleas court judge, at least one
public defender, at least one person who is a member or staff
employee of the committee, and at least one representative of the
office bureau of criminal justice services.
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 the
medicaid component components 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, 5123.1910, 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 and except as provided in section 5123.1910 of the Revised Code,
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 5123.198 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) Except as provided in division (E) of this section, 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.
(E) If required by section 5123.1910 of the Revised Code to issue a license under section 5123.19 of the Revised Code, the director shall issue the license regardless of whether 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.
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. 5123.1910. (A) The director of mental retardation and
developmental disabilities shall issue one or more residential
facility licenses under section 5123.19 of the Revised Code to an
applicant without requiring the applicant to have plans submitted,
reviewed, or approved under section 5123.042 of the Revised Code
for the residential facility if all of the following requirements
are met:
(1) The applicant satisfies the requirements for the license
established by section 5123.19 of the Revised Code and rules
adopted under that section, other than any rule that requires an
applicant for a residential facility license to have plans
submitted, reviewed, or approved under section 5123.042 of the
Revised Code for the residential facility.
(2) The applicant operates at least one residential facility
licensed under section 5123.19 of the Revised Code on the
effective date of this section.
(3) The applicant provides services to individuals with
mental retardation or a developmental disability who have a
chronic, medically complex, or technology-dependent condition that
requires special supervision or care, the majority of whom
received habilitation services from the applicant before attaining
eighteen years of age.
(4) The applicant has created directly or through a
corporate affiliate a research center that has the mission of
funding, promoting, and carrying on scientific research in the
public interest related to individuals with mental retardation or
a developmental disability for the purpose of improving the lives
of such individuals.
(5) If the applicant seeks two or more residential facility
licenses, the residential facilities for which a license is sought
after the effective date of this section are located on the same
or
adjoining property sites.
(6) The residential facilities for which the applicant seeks
licensure have not more than eight beds each and forty-eight beds
total.
(7) The applicant, one or more of the applicant's corporate
affiliates, or both employ or contract for, on a full-time basis,
at least one licensed physician who is certified by the American
board of pediatrics or would be eligible for certification from
that board if the physician passed an examination necessary to
obtain certification from that board.
(8) The applicant, one or more of the applicant's corporate
affiliates, or both have educational facilities suitable for the
instruction of individuals under eighteen years of age with mental
retardation or a developmental disability who have a medically
complex or technology-dependent condition.
(9) The applicant has a policy for giving individuals with mental retardation or a developmental disability who meet all of the following conditions priority over all others in admissions to one of the residential facilities licensed under section 5123.19 of the Revised Code that the applicant operates on the effective date of this section:
(a) Are under eighteen years of age;
(b) Have a chronic, medically complex, or technology-dependent condition that requires special supervision or care;
(c) Are eligible for medicaid;
(d) Reside in a nursing home, as defined in section 3721.01 of the Revised Code, or a hospital, as defined in section 3727.01, prior to being admitted to the residential facility.
(B) The director shall issue one or more residential
facility licenses under section 5123.19 of the Revised Code to an
applicant who meets all of the requirements of this section
regardless of whether the requirements for approval of a plan for
a proposed residential facility established by rules adopted under
section 5123.042 of the Revised Code are met.
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. 5123.60. (A) A legal rights service is hereby
created
and established to protect and advocate the rights of
mentally ill
persons, mentally retarded persons, developmentally
disabled
persons, and other disabled persons who may be represented by the
service pursuant to division (L) of this section; to receive and
act upon
complaints concerning
institutional and hospital
practices and conditions of
institutions for mentally retarded or
developmentally disabled
persons and hospitals for the mentally
ill; and to assure that
all persons detained, hospitalized,
discharged, or
institutionalized, and all persons whose detention,
hospitalization, discharge, or institutionalization is sought or
has been sought under this chapter or Chapter 5122. of the
Revised
Code are fully informed of their rights and adequately
represented
by counsel in proceedings under this chapter or
Chapter 5122. of
the Revised Code and in any proceedings to
secure the rights of
those persons. Notwithstanding the
definitions of
"mentally
retarded person" and
"developmentally disabled person" in section
5123.01 of the
Revised Code, the
legal rights service shall
determine who is a mentally retarded
or developmentally disabled
person for purposes of this section
and sections 5123.601 to
5123.604 of the Revised Code.
(B) In regard to those persons detained, hospitalized, or
institutionalized under Chapter 5122. of the Revised Code, the
legal rights service shall undertake formal representation only
of
those persons who are involuntarily detained, hospitalized, or
institutionalized pursuant to sections 5122.10 to 5122.15 of the
Revised Code, and those voluntarily detained, hospitalized, or
institutionalized who are minors, who have been adjudicated
incompetent, who have been detained, hospitalized, or
institutionalized in a public hospital, or who have requested
representation by the legal rights service. If a person referred
to in division (A) of this section voluntarily requests in
writing
that the legal rights service terminate participation in
the
person's case, such involvement shall cease.
(C) Any person voluntarily hospitalized or
institutionalized
in a public hospital under division (A) of
section 5122.02 of the
Revised Code, after being fully informed
of the person's rights
under division (A) of this
section, may, by
written
request, waive
assistance by the legal rights service if
the
waiver is knowingly
and intelligently made, without duress or
coercion.
The waiver may be rescinded at any time by the voluntary
patient or resident, or by the voluntary patient's or
resident's
legal guardian.
(D)(1) The legal rights service commission is hereby created
for the purposes of appointing an administrator of the legal
rights service, advising the administrator, assisting the
administrator in developing a budget, and establishing general
policy guidelines, including guidelines for the commencement and resolution of litigation, for the legal rights service. The commission may adopt rules to carry these purposes into effect and
may receive and act upon appeals of personnel decisions by the
administrator.
(2) The commission shall consist of seven members. One
member,
who shall serve as chairperson, shall be appointed by
the
chief
justice of the supreme court, three members shall be
appointed by
the speaker of the house of representatives, and
three members
shall be appointed by the president of the senate.
At least two
members shall have experience in the field of
developmental
disabilities, and at least two members shall have
experience in
the field of mental health. No member shall be a
provider or
related to a provider of services to mentally
retarded,
developmentally disabled, or mentally ill persons.
(3) Terms of office
of the members of the commission shall
be
for three years, each term ending on the
same day of the month
of the year as did the term which it
succeeds. Each member shall
serve subsequent to the expiration
of the member's term until a
successor is
appointed and qualifies, or
until sixty days has
elapsed, whichever occurs first.
No member shall serve more
than
two consecutive terms.
All
vacancies
in the membership of the commission shall be
filled in the manner prescribed for
regular appointments to
the
commission and shall be limited to
the unexpired terms.
(4) The commission shall meet at least four times each year.
Members shall be reimbursed for their necessary and actual
expenses incurred in the performance of their official duties.
(5) The administrator of the legal rights service shall be
appointed for a five-year term, subject to removal for mental or
physical incapacity to perform the duties of the office,
conviction of violation of any law relating to the
administrator's
powers and
duties, or other good cause shown serve at the pleasure of the commission.
The administrator shall be a person who has had special
training and experience in the type of work with which the legal
rights service is charged. If the administrator is not an
attorney, the administrator shall seek legal counsel when
appropriate. The
salary of the administrator shall be established
in accordance
with section 124.14 of the Revised Code.
(E) The legal rights service shall be completely
independent
of the department of mental health and the department
of mental
retardation and developmental disabilities and,
notwithstanding
section 109.02 of the Revised Code, shall also be
independent of
the office of the attorney general. The
administrator of the
legal rights service, staff, and attorneys
designated by the
administrator to represent persons
detained,
hospitalized, or
institutionalized under this chapter or Chapter 5122. of the
Revised Code shall have ready access
to the following:
(1) During normal business hours and at other reasonable
times,
all records relating to expenditures of state and
federal
funds or to the commitment, care, treatment, and
habilitation of
all persons represented by the legal rights
service, including
those who may be represented pursuant to
division (L) of
this
section, or persons detained, hospitalized,
institutionalized, or
receiving services under this chapter or
Chapter 340., 5119.,
5122., or 5126. of the Revised Code that are
records maintained by
the
following entities providing services
for those persons:
departments;
institutions; hospitals;
community residential
facilities; boards of alcohol,
drug
addiction, and mental health
services; county boards of mental
retardation and developmental
disabilities; contract agencies of
those boards;
and any other
entity providing services to persons
who may be represented by
the
service pursuant to division (L) of
this section;
(2)
Any records maintained in computerized data banks
of the
departments or boards or, in the case of persons who may be
represented
by the service pursuant to division (L) of this
section, any other entity that
provides services to those persons;
(3) During their normal working hours,
personnel of the
departments, facilities, boards, agencies,
institutions,
hospitals,
and other service-providing entities;
(4) At any time,
all persons detained, hospitalized, or
institutionalized; persons receiving services under this chapter
or
Chapter 340., 5119., 5122., or 5126. of the Revised Code; and
persons who may
be represented by the service pursuant to division
(L) of this section.
(F) The administrator of the legal rights service shall
do
the following:
(1) Administer and organize the work of the legal rights
service and establish administrative or geographic divisions as
the administrator considers necessary, proper, and expedient;
(2) Adopt and promulgate rules that are not in conflict with rules adopted by the commission and prescribe duties for
the
efficient conduct of the business and general administration
of
the legal rights service;
(3) Appoint and discharge employees, and hire
experts,
consultants, advisors, or other professionally qualified
persons
as the administrator considers necessary to carry out
the duties
of the
legal rights service;
(4) Apply for and accept grants of funds, and accept
charitable gifts and bequests;
(5) Prepare and submit a budget to the general assembly
for
the operation of the legal rights service;. At least thirty days prior to submitting the budget to the general assembly, the administrator shall provide a copy of the budget to the commission for review and comment. When submitting the budget to the general assembly, the administrator shall include a copy of any written comments returned by the commission to the administrator.
(6) Enter into contracts and make
expenditures
necessary
for the efficient operation of the legal rights
service;
(7) Annually prepare a report of activities and submit
copies of the report to the governor, the chief justice of the
supreme court, the president of the senate, the speaker of the
house of representatives, the director of mental health, and the
director of mental retardation and developmental disabilities,
and
make the report available to the public;
(8) Upon request of the commission or of the chairperson of the commission, report to the commission on specific litigation issues or activities.
(G)(1) The legal rights service may act directly or contract
with other organizations or individuals for the provision of the
services envisioned under this section.
(2) Whenever possible, the
administrator shall attempt to
facilitate the resolution of
complaints through administrative
channels.
Subject to division (G)(3) of this section, if attempts
at
administrative resolution
prove
unsatisfactory, the
administrator
may pursue any legal,
administrative,
and other
appropriate
remedies or
approaches that
may be necessary to
accomplish the
purposes of this section.
(3) The administrator may not pursue a class action lawsuit
under division (G)(2) of this section when attempts at
administrative resolution of a complaint prove unsatisfactory
under that division unless both of the following have first
occurred:
(a) At least four members of the commission, by their
affirmative vote, have consented to the pursuit of the class
action lawsuit;
(b) At least five members of the commission are present at
the meeting of the commission at which that consent is obtained.
(4) Relationships between personnel and the agents of
the
legal
rights
service and its clients shall be fiduciary
relationships,
and all
communications shall be confidential, as if
between
attorney and
client.
(5) Any person who has been represented by the legal rights service or who has applied for and been denied representation and who files a grievance with the service concerning the representation or application may appeal the decision of the service on the grievance to the commission. The person may appeal notwithstanding any objections of the person's legal guardian. The commission may examine any records relevant to the appeal and shall maintain the confidentiality of any records that are required to be kept confidential.
(H)
The legal
rights service, on the order of the
administrator, with the
approval
by an affirmative vote of at
least four members of the commission, may compel by
subpoena the
appearance
and sworn testimony of any person the
administrator
reasonably
believes may be able to provide
information or to
produce any
documents, books, records, papers,
or other
information necessary
to carry out its duties.
(I) The legal rights service may conduct public hearings.
(J) The legal rights service may request from any
governmental agency any cooperation, assistance, services, or
data
that will enable it to perform its duties.
(K) In any malpractice action filed against the
administrator of the legal rights service, a member of the staff
of the legal rights service, or an attorney designated by the
administrator to perform legal services under division (E) of
this
section, the state shall, when the administrator, member, or
attorney has acted in good faith and in the scope of
employment,
indemnify the administrator, member, or attorney for
any judgment
awarded or amount negotiated in settlement, and for
any court
costs or legal fees incurred in defense of the claim.
This division does not limit or waive, and shall not be
construed to limit or waive, any defense that is available to the
legal rights service, its administrator or employees, persons
under a personal services contract with it, or persons designated
under division (E) of this section, including, but not limited
to,
any defense available under section 9.86 of the Revised Code.
(L) In addition to providing services to mentally ill,
mentally retarded, or developmentally disabled persons, when a
grant authorizing the provision of services to other individuals
is accepted pursuant to division (F)(4) of this section, the
legal
rights service and its ombudsperson section may
provide
advocacy
or ombudsperson services to those other
individuals and
exercise
any other authority granted by this section or sections
5123.601
to 5123.604 of the Revised Code on behalf of those
individuals.
Determinations of whether an individual is eligible
for services
under this division shall be made by the legal
rights service.
Sec. 5123.801. 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. 5126.01. As used in this chapter:
(A)
As used in this
division, "adult" means an individual
who
is
eighteen years of
age or over and
not enrolled in a
program
or service under
Chapter 3323. of the Revised Code and
an
individual
sixteen
or seventeen years of age who
is eligible
for
adult services under
rules adopted by the director of mental
retardation and
developmental disabilities pursuant to Chapter
119. of the
Revised Code.
(1) "Adult
services" means services provided to an adult
outside the home,
except when they are provided within the home
according to an
individual's assessed needs and identified in an
individual
service plan, that support learning and assistance in
the area of
self-care, sensory and motor development,
socialization, daily
living skills, communication, community
living, social skills, or
vocational skills.
(2) "Adult services" includes all of the following:
(a)
Adult day habilitation services;
(c) Prevocational services;
(d) Sheltered employment;
(e) Educational experiences and training obtained through
entities and activities that are not expressly intended for
individuals with mental retardation and developmental
disabilities, including trade schools, vocational or technical
schools, adult education, job exploration and sampling, unpaid
work experience in the community, volunteer activities, and
spectator sports;
(f) Community employment services and supported
employment
services.
(B)(1) "Adult day habilitation services" means adult
services that do the following:
(a) Provide access to and participation in typical
activities and functions of community life that are desired and
chosen by the general population, including such activities and
functions as opportunities to experience and participate in
community exploration, companionship with friends and peers,
leisure activities, hobbies, maintaining family contacts,
community events, and activities where individuals without
disabilities are involved;
(b) Provide supports or a combination of training and
supports that afford an individual a wide variety of opportunities
to facilitate and build relationships and social supports in the
community.
(2) "Adult day habilitation services" includes all of the
following:
(a) Personal care services needed to ensure an individual's
ability to experience and participate in vocational services,
educational services, community activities, and any other adult
day habilitation services;
(b) Skilled services provided while receiving adult day
habilitation services, including such skilled services as behavior
management intervention, occupational therapy, speech and language
therapy, physical therapy, and nursing services;
(c) Training and education in self-determination designed
to
help the individual do one or more of the following: develop
self-advocacy skills, exercise the individual's civil rights,
acquire skills that enable the individual to exercise control and
responsibility over the services received, and acquire skills that
enable the individual to become more independent, integrated, or
productive in the community;
(d) Recreational and leisure activities identified in the
individual's service plan as therapeutic in nature or assistive in
developing or maintaining social supports;
(e) Counseling and assistance
provided to obtain housing,
including such counseling as
identifying options for either rental
or purchase, identifying
financial resources, assessing needs for
environmental
modifications, locating housing, and planning for
ongoing
management and maintenance of the housing selected;
(f) Transportation necessary to access adult day
habilitation services;
(g) Habilitation management, as described in section 5126.14
of
the Revised Code.
(3) "Adult day habilitation services" does not include
activities that are components of the provision of
residential
services, family support services, or supported living
services.
(C) "Community employment services" or "supported
employment
services" means job training and other services related
to
employment outside a sheltered workshop. "Community employment
services" or "supported employment services" include all of the
following:
(1) Job training resulting in the attainment of competitive
work, supported work in a typical work environment, or
self-employment;
(2) Supervised work experience through an employer paid to
provide the supervised work experience;
(3) Ongoing work in a competitive work environment at a
wage
commensurate with workers without disabilities;
(4) Ongoing supervision by an employer paid to provide the
supervision.
(D) As used in this division, "substantial functional
limitation," "developmental delay," and "established risk" have
the meanings established pursuant to section 5123.011 of the
Revised Code.
"Developmental disability" means a severe, chronic
disability
that is characterized by all of the following:
(1) It is attributable to a mental or physical impairment
or
a combination of mental and physical impairments, other than a
mental or physical impairment solely caused by mental illness as
defined in division (A) of section 5122.01 of the Revised Code;
(2) It is manifested before age twenty-two;
(3) It is likely to continue indefinitely;
(4) It results in one of the following:
(a) In the case of a person under age three, at least one
developmental delay or an established risk;
(b) In the case of a person at least age three but under
age
six, at least two developmental delays or an established
risk;
(c) In the case of a person age six or older, a
substantial
functional limitation in at least three of the
following areas of
major life activity, as appropriate for the
person's age:
self-care, receptive and expressive language, learning,
mobility,
self-direction, capacity for independent living, and, if the
person
is at least age sixteen, capacity for economic
self-sufficiency.
(5) It causes the person to need a combination and
sequence
of special, interdisciplinary, or other type of care,
treatment,
or provision of services for an extended period of
time that is
individually planned and coordinated for the person.
(E) "Early childhood services" means a planned program of
habilitation designed to meet the needs of individuals with
mental
retardation or other developmental disabilities who have
not
attained compulsory school age.
(F)(1) "Environmental modifications" means the physical
adaptations to an individual's home, specified in the individual's
service plan, that are necessary to ensure the individual's
health, safety, and welfare or that enable the individual to
function with greater independence in the home, and without which
the individual would require institutionalization.
(2) "Environmental modifications" includes such adaptations
as installation of ramps and grab-bars, widening of doorways,
modification of bathroom facilities, and installation of
specialized electric and plumbing systems necessary to accommodate
the individual's medical equipment and supplies.
(3) "Environmental modifications" does not include physical
adaptations or improvements to the home that are of general
utility or not of direct medical or remedial benefit to the
individual, including such adaptations or improvements as
carpeting, roof repair, and central air conditioning.
(G) "Family support services" means the services provided
under a family support services program operated under section
5126.11 of the Revised Code.
(H) "Habilitation" means the process by which the staff of
the facility or agency assists an individual with mental
retardation or other developmental disability in acquiring and
maintaining those life skills that enable the individual to
cope
more effectively with the demands of the individual's own person
and
environment, and in raising the level of the individual's
personal, physical,
mental, social, and vocational efficiency.
Habilitation includes, but is not
limited to, programs of formal,
structured education and training.
(I) "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.
(J) "Home and community-based services" means
medicaid-funded home and community-based services provided under a the
medicaid component components the department of mental retardation and
developmental disabilities administers pursuant to section
5111.871 of the Revised Code.
(K) "Medicaid" has the same meaning as in section 5111.01
of
the Revised Code.
(L) "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.
(M) "Mental retardation" means a mental impairment
manifested during the developmental period characterized by
significantly subaverage general intellectual functioning
existing
concurrently with deficiencies in the effectiveness or
degree with
which an individual meets the standards of personal
independence
and social responsibility expected of the
individual's age and
cultural group.
(N) "Residential services" means services to individuals
with mental retardation or other developmental disabilities to
provide housing, food, clothing, habilitation, staff support, and
related support services necessary for the health, safety, and
welfare of the individuals and the advancement of their quality
of
life.
"Residential services" includes program management, as
described in section 5126.14 of the Revised Code.
(O) "Resources" means available capital and other assets,
including moneys received from the federal, state, and local
governments, private grants, and donations; appropriately
qualified personnel; and appropriate capital facilities and
equipment.
(P) "Service and support administration" means the duties
performed by a service and support administrator pursuant to
section 5126.15 of the Revised Code.
(Q)(1) "Specialized medical, adaptive, and assistive
equipment, supplies, and supports" means equipment, supplies, and
supports that enable an individual to increase the ability to
perform activities of daily living or to perceive, control, or
communicate within the environment.
(2) "Specialized medical, adaptive, and assistive equipment,
supplies, and supports" includes the following:
(a) Eating utensils, adaptive feeding dishes, plate guards,
mylatex straps, hand splints, reaches, feeder seats, adjustable
pointer sticks, interpreter services, telecommunication devices
for the deaf, computerized communications boards, other
communication devices, support animals, veterinary care for
support animals, adaptive beds, supine boards, prone boards,
wedges, sand bags, sidelayers, bolsters, adaptive electrical
switches, hand-held shower heads, air conditioners, humidifiers,
emergency response systems, folding shopping carts, vehicle lifts,
vehicle hand controls, other adaptations of vehicles for
accessibility, and repair of the equipment received.
(b) Nondisposable items not covered by medicaid that are
intended to assist an individual in activities of daily living or
instrumental activities of daily living.
(R) "Supportive home services" means a range of services
to
families of individuals with mental retardation or other
developmental disabilities to develop and maintain increased
acceptance and understanding of such persons, increased ability
of
family members to teach the person, better coordination
between
school and home, skills in performing specific
therapeutic and
management techniques, and ability to cope with
specific
situations.
(S)(1) "Supported living" means services provided
for as
long as twenty-four hours a day to an
individual with mental
retardation or other developmental
disability through any public
or private resources, including
moneys from the individual, that
enhance the individual's
reputation in community life and advance
the individual's quality
of life by doing the following:
(a) Providing the support necessary to enable an
individual
to live in a residence of the individual's choice, with any
number
of individuals who are
not disabled,
or with not more than
three
individuals with mental
retardation
and developmental
disabilities
unless the individuals
are related
by blood or
marriage;
(b) Encouraging the individual's participation in the
community;
(c) Promoting the individual's rights and autonomy;
(d)
Assisting the individual in acquiring, retaining, and
improving
the skills
and competence
necessary to live successfully
in the
individual's residence.
(2) "Supported living" includes the provision of
all
of the
following:
(a) Housing, food,
clothing, habilitation, staff support,
professional services, and
any related support services necessary
to ensure the health, safety,
and welfare of the individual
receiving the services;
(b) A combination of life-long or extended-duration
supervision, training, and other services essential to daily
living, including assessment and evaluation and assistance with
the cost of training materials, transportation, fees, and
supplies;
(c) Personal care services and homemaker services;
(d) Household maintenance that does not include
modifications to the physical structure of the residence;
(e) Respite care services;
(f) Program management, as described in section 5126.14 of
the Revised Code.
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 a
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) "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. 5139.01. (A) As used in this chapter:
(1)
"Commitment" means the transfer of the physical
custody
of a child or youth from the court to the department of
youth
services.
(2)
"Permanent commitment" means a commitment that vests
legal custody of a child in the department of youth services.
(3)
"Legal custody," insofar as it pertains to the status
that is created when a child is permanently committed to the
department of youth services, means a legal status in which the
department has the following rights and responsibilities: the
right to have physical possession of the child; the right and
duty
to train, protect, and control the child; the
responsibility to
provide the child with food, clothing, shelter, education,
and
medical
care; and the right to determine where and with whom the
child shall
live, subject to the minimum periods of, or periods
of,
institutional care
prescribed in sections 2152.13 to
2152.18
of the Revised Code; provided,
that these rights and
responsibilities are exercised subject to
the powers, rights,
duties, and responsibilities of the guardian
of the person of the
child, and subject to any residual parental
rights and
responsibilities.
(4) Unless the context requires a different meaning,
"institution" means a state facility that is created by the
general
assembly and that is under the management and control of
the
department of youth services or a private entity with which
the department has
contracted for the institutional care and
custody of felony delinquents.
(5)
"Full-time care" means care for twenty-four hours a
day
for over a period of at least two consecutive weeks.
(6)
"Placement" means the conditional release of a child
under the terms and conditions that are specified by the
department of youth services. The department shall retain legal
custody of a child released pursuant to division (C) of section
2152.22 of the Revised Code or division (C) of section
5139.06 of
the Revised Code until the time that it discharges the child or
until the legal custody is terminated as otherwise provided by
law.
(7)
"Home placement" means the placement of a child in the
home of the child's parent or parents or in the home of the
guardian of
the child's person.
(8)
"Discharge" means that the department of youth
services'
legal custody of a child is terminated.
(9)
"Release" means the termination of a child's stay in
an
institution and the subsequent period during which the child
returns to the
community under the terms and conditions of
supervised release.
(10)
"Delinquent child" has the same meaning as in section
2152.02 of the Revised Code.
(11)
"Felony delinquent" means any child who is at least
twelve years of age but less than eighteen years of age and who
is
adjudicated a delinquent child for having committed an act
that if
committed by an adult would be a felony.
"Felony
delinquent"
includes any adult who is between the ages of
eighteen and
twenty-one and who is in the legal custody of the
department of
youth services for having committed an act that if
committed by an
adult would be a felony.
(12)
"Juvenile traffic offender" has the same meaning as
in
section 2152.02 of the Revised Code.
(13)
"Public safety beds" means all of the following:
(a) Felony delinquents who have been committed to the
department of
youth services for the commission of an act, other
than a violation
of section 2911.01 or 2911.11 of the Revised
Code, that is a category
one offense or a category two offense
and
who are in the care and custody of an institution or have been
diverted
from care and custody in an institution and placed in a
community corrections
facility;
(b) Felony delinquents who, while committed to the
department of youth
services and in the care and custody of an
institution or a community
corrections facility, are adjudicated
delinquent children for having
committed
in that institution or
community corrections facility an act that if
committed by an
adult would be a felony;
(c) Children who satisfy all of the following:
(i) They are at least twelve years of age but less
than
eighteen years of age.
(ii) They are adjudicated delinquent
children for having
committed acts that if committed by an
adult would be a felony.
(iii) They are committed to the department of
youth services
by the juvenile court of a county that has had
one-tenth of one
per cent or less of the statewide adjudications
for felony
delinquents as averaged for the
past
four fiscal years.
(iv) They are in the care and custody of an institution or a
community
corrections facility.
(d) Felony delinquents who, while committed to the
department of youth
services and in the care and custody of an
institution, commit in that
institution an act that if committed
by an adult would be a felony, who are
serving disciplinary time
for
having
committed that act, and who have been institutionalized
or institutionalized
in a secure facility for the minimum period
of time specified in divisions (A)(1)(b) to
(e) of section
2152.16 of the Revised Code.
(e) Felony delinquents who are subject to and serving a
three-year
period of commitment order imposed by a juvenile court
pursuant
to divisions (A) and (B) of
section 2152.17 of the
Revised Code for an act, other than a violation of
section 2911.11
of the Revised Code, that would be a category one
offense or
category two offense if committed by an adult.
(f) Felony delinquents who are described in divisions
(A)(13)(a) to (e)
of this section, who have been granted a
judicial release to court
supervision under
division (B) of
section 2152.22
of the Revised Code or a judicial release to the
department of youth services supervision under
division (C) of
that section
from the commitment to the department of youth
services for the
act described in divisions (A)(13)(a) to (e)
of
this section, who have violated the terms and conditions of
that
release, and who, pursuant to an
order of the court of the county
in which the particular felony
delinquent was placed on release
that is issued pursuant to
division (D) of section 2152.22
of the
Revised Code, have been returned to the
department for
institutionalization or institutionalization in a
secure facility.
(g) Felony delinquents who have been
committed to the
custody of the department of youth services,
who have been granted
supervised release from the commitment
pursuant to section 5139.51
of the
Revised Code, who have violated the
terms and conditions of
that supervised release, and who, pursuant
to an order of the
court of the county in which the particular
child was placed on
supervised release issued pursuant to
division (F) of section
5139.52
of the Revised Code, have had the supervised
release
revoked and have been returned to the department for
institutionalization. A felony delinquent described in this
division
shall be a public safety bed only for the time during
which the
felony delinquent is institutionalized as a result of
the revocation
subsequent to the initial thirty-day period of
institutionalization required by division (F) of section 5139.52
of the Revised Code.
(14)
"State target youth" means twenty-five per cent of
the
projected total number of felony delinquents for each year of
a
biennium, factoring in revocations and recommitments.
(15) Unless the context requires a different meaning,
"community corrections facility" means a county or multicounty
rehabilitation center for felony delinquents who have been
committed to the department of youth services and diverted from
care and custody in an institution and placed in the
rehabilitation center pursuant to division (E) of section 5139.36
of the Revised Code.
(16)
"Secure facility" means any facility that is designed
and operated to
ensure that all of its entrances and exits are
under the exclusive control of
its staff and to ensure that,
because of that exclusive control, no child who
has been
institutionalized in the facility may leave the facility without
permission or supervision.
(17)
"Community residential program" means a program that
satisfies both of
the following:
(a) It is housed in a building or other structure that has
no associated
major restraining construction, including, but not
limited to, a security
fence.
(b) It provides twenty-four-hour care, supervision, and
programs for felony
delinquents who are in residence.
(18)
"Category one offense" and
"category two offense" have
the same
meanings
as in section 2151.26 of the Revised Code.
(19)
"Disciplinary time" means
additional time that the
department of youth services
requires a felony delinquent to serve
in an institution, that
delays the person's or felony delinquent's
planned release, and that
the
department imposes upon the person
or felony delinquent following the
conduct of an internal due
process hearing for
having committed any of the following acts
while committed to
the department and in the care and custody of
an
institution:
(a) An act that if committed by an
adult would be a felony;
(b) An act that if committed by an
adult would be a
misdemeanor;
(c) An act that is not described in division (A)(19)(a)
or
(b) of this section and that violates an
institutional rule of
conduct of the department.
(20)
"Unruly child" has the same meaning as in section
2151.022 of the Revised Code.
(21)
"Revocation" means the act of revoking a child's
supervised release for a violation of a term or condition of the
child's supervised release in accordance with section 5139.52
of
the Revised Code.
(22)
"Release authority" means the release authority
of the
department of youth services that is established by section
5139.50 of the Revised Code.
(23)
"Supervised release" means the event of the
release of
a
child under this chapter from an institution and the period
after
that release during which the child is supervised and
assisted
by
an employee of the department of youth services under
specific
terms and
conditions for reintegration of the child into
the
community.
(24)
"Victim" means the person identified in a police
report,
complaint, or information as the victim of an act
that
would have
been a criminal offense if committed by an adult
and
that provided
the basis for adjudication proceedings
resulting in
a child's
commitment to the legal custody of the
department of
youth
services.
(25)
"Victim's representative" means a member of the
victim's
family or another person whom the victim or another
authorized
person
designates in writing,
pursuant to section
5139.56 of the
Revised Code, to
represent the victim with respect
to proceedings
of the release
authority of the department of youth
services and
with respect to other
matters specified in that
section.
(26)
"Member of the victim's family" means a spouse,
child,
stepchild, sibling, parent, stepparent, grandparent, other
relative,
or legal guardian of a child but does not include a
person charged
with, convicted of, or adjudicated a delinquent
child for committing a
criminal or delinquent act against the
victim or another criminal or
delinquent act arising
out of the
same conduct, criminal or delinquent episode, or plan as the
criminal or delinquent act committed against the victim.
(27)
"Judicial release to court supervision" means
a release
of a
child
from institutional care or institutional care in a
secure facility
that is granted by a court pursuant to division
(B) of section 2152.22 of the Revised Code during the
period
specified in that
division.
(28)
"Judicial release to
department of youth services
supervision" means a release of a child from
institutional care or
institutional care in a secure facility
that is granted by a court
pursuant to division (C) of section
2152.22 of the
Revised Code
during the period specified in that division.
(29) "Juvenile justice system"
includes all of the functions
of the juvenile courts, the
department of youth services, any
public or private agency whose
purposes include the prevention of
delinquency or the diversion,
adjudication, detention, or
rehabilitation of delinquent children,
and any of the functions of
the criminal justice system that are
applicable to children.
(30) "Metropolitan county criminal justice services agency"
means an agency that is established pursuant to division (A) of
section 181.54 109.983 of the Revised Code.
(31) "Administrative planning district" means a district that
is established pursuant to division (A) or (B) of section 181.56
of the Revised Code.
(32) "Criminal justice coordinating council" means a criminal
justice services agency that is established pursuant to division
(D) of section 181.56 109.985 of the Revised Code.
(33)
"Comprehensive plan" means a document that
coordinates,
evaluates, and otherwise assists, on an annual or
multi-year
basis,
all of the functions of the juvenile
justice
systems of the
state or a specified area of the
state,
that
conforms to the
priorities of the state with respect
to
juvenile justice systems,
and that conforms with
the
requirements of all federal criminal
justice acts. These
functions include, but are not limited to,
all of the
following:
(b) Identification, detection, apprehension, and detention
of persons charged with delinquent acts;
(c) Assistance to crime victims or witnesses, except that
the comprehensive plan does not include the functions of the
attorney general pursuant to sections 109.91 and 109.92 of the
Revised Code;
(d) Adjudication or diversion of persons charged with
delinquent acts;
(e) Custodial treatment of delinquent
children;
(f) Institutional and noninstitutional rehabilitation of
delinquent children.
(B) There is hereby created the department of youth
services. The governor shall appoint the director of the
department with the advice and consent of the senate. The
director shall hold office during the term of the appointing
governor but subject to removal at the pleasure of the governor.
Except as otherwise authorized in section 108.05 of the Revised
Code, the director shall devote the director's entire time
to the
duties of
the director's office and shall hold no other office or
position of trust or
profit during the director's term of office.
The director is the chief executive and administrative
officer of the department and has all the powers of a department
head set forth in Chapter 121. of the Revised Code. The
director
may adopt
rules for the government of the department, the conduct
of its
officers and employees, the performance of its business,
and the
custody, use, and preservation of the department's
records,
papers, books, documents, and property. The director
shall be an
appointing authority within the meaning of Chapter
124. of the
Revised Code. Whenever this or any other chapter or
section of
the Revised Code imposes a duty on or requires an
action of the
department, the duty or action shall be performed by
the director
or, upon the director's order, in the name of the
department.
Sec. 5139.36. (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. 5153.163. (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. 5513.01. (A) All purchases of machinery, materials,
supplies, or other articles that the director of transportation
makes shall be in the manner provided in this section. In all
cases except those in which the director provides written
authorization for purchases by district deputy directors of
transportation, all such purchases shall be made at the central office of the
department of transportation in Columbus. Before making any
purchase at that office, the
director, as provided in this section, shall give notice
to bidders of the director's intention to purchase. Where the
expenditure does not
exceed the amount
applicable to the purchase of supplies specified in division (B)(1) of
section 125.05 of the Revised Code, as adjusted pursuant to division (D) of that
section,
the director shall give
such notice as the director considers proper, or the
director may make the purchase without
notice. Where the expenditure
exceeds the amount applicable to the purchase of supplies specified in
division (B)(1) of section 125.05 of the Revised Code, as adjusted pursuant to division
(D) of that section, the director shall give notice by posting
for not less than ten
days a written, typed, or printed invitation to bidders on a
bulletin board, which shall be located in a place in the offices
assigned to the department and open to the public during
business hours. Producers or distributors of any product may
notify the director, in writing, of the class of articles for the
furnishing of which they desire to bid and their post-office
addresses, in which case copies of all invitations to bidders
relating to the purchase of such articles shall be mailed to such
persons by the director by regular first class mail at
least ten days prior to the time fixed for taking bids. The
director also may mail copies of all invitations to bidders
to news agencies or other agencies or organizations distributing
information of this character. Requests for invitations shall
not be valid nor require action by the director unless
renewed,
either annually or after such shorter period as the director may
prescribe by a general rule. The
invitation to bidders shall contain a brief statement of the
general character of the article that it is intended to
purchase, the approximate quantity desired, and a statement of
the time and place where bids will be received, and may relate to
and describe as many different articles as the director thinks
proper, it being the intent and purpose of this section to
authorize the inclusion in a single invitation of as many
different articles as the director desires to invite bids upon at
any given time. Invitations issued during each calendar year
shall be given consecutive numbers, and the number assigned to
each invitation shall appear on all copies thereof. In all cases
where notice is required by this section, sealed bids shall be
taken, on forms prescribed and furnished by the director, and
modification of bids after they have been opened shall
not be permitted.
(B) The director may permit any
political subdivision and any state university or college to
participate in contracts into which the director has entered for
the purchase of machinery, materials, supplies, or other
articles. Any political subdivision or state university or
college desiring to participate in such purchase contracts shall
file with the director a certified copy of the ordinance or
resolution of its legislative authority, board of trustees, or
other governing board requesting authorization to participate in
such contracts and agreeing to be bound by such terms and
conditions as the director prescribes. Purchases made by
political subdivisions or state universities or colleges under
this division are exempt from any competitive bidding required by
law for the purchase of machinery, materials, supplies, or other
articles.
(C) As used in this section:
(1) "Political subdivision" means any county, township,
municipal corporation, conservancy district, township park
district, park district created under Chapter 1545. of the
Revised Code, port authority, regional transit authority,
regional airport authority, regional water and sewer district, or county
transit board.
(2) "State university or college" has the same meaning as
in division (A)(1) of section 3345.32 of the Revised Code.
Sec. 5515.07. (A) The director of transportation, in
accordance with Chapter 119. of the Revised Code, shall adopt
rules consistent with the safety of the traveling public and
consistent with the national policy to govern the use and control
of rest areas within the limits of the right-of-way of interstate
highways and other state highways and in other areas within the
limits of the right-of-way of interstate highways.
(B) Except as provided in division (C) of this section, no
person shall engage in selling or offering for sale or exhibiting
for purposes of sale, goods, products, merchandise, or services
within the bounds of rest areas within the limits of the
right-of-way of interstate highways and other state highways, or
in other areas within the limits of the right-of-way of
interstate highways, unless the director issues a permit in
accordance with section 5515.01 of the Revised Code. Notwithstanding any
rules adopted by the director to the contrary or any
other policy changes proposed by the director, each district deputy director
of
the department of transportation shall continue to implement any program
allowing organizations to dispense free coffee or similar items after
obtaining
a permit that operated within the district prior to
January 1, 1997. Each district deputy
director shall operate such program within the district in the same manner as
the program was operated prior to that date.
(C) In accordance with rules adopted under division (A) of
this section, the director may cause vending machines to be
placed within each rest area that is able to accommodate the
machines. The vending machines shall dispense food, drink, and
other appropriate articles.
(D) This section does not apply to the sale of goods,
products, merchandise, or services required for the emergency
repair of motor vehicles or emergency medical treatment, or to the department of transportation as provided in section 5515.08 of the Revised Code.
Sec. 5515.08. (A) The department of transportation may contract to sell commercial advertising space within or on the outside surfaces of any building located within a roadside rest area under its jurisdiction in exchange for cash payment. Money the department receives under this section shall be deposited in the state treasury to the credit of the roadside rest area improvement fund, which is hereby created. The department shall use the money in the fund only to improve roadside rest areas in accordance with section 5529.06 of the Revised Code.
(B) Advertising placed under this section shall comply with all of the following:
(1) It shall not be libelous or obscene and shall not promote any illegal product or service.
(2) It shall not promote illegal discrimination on the basis of the race, religion, national origin, handicap, age, or ancestry of any person.
(3) It shall not support or oppose any candidate for political office or any political cause, issue, or organization.
(4) It shall comply with any controlling federal or state regulations or restrictions.
(5) To the extent physically and technically practical, it shall state that the advertisement is a paid commercial advertisement and that the state does not endorse the product or service promoted by the advertisement or make any representation about the accuracy of the advertisement or the quality or performance of the product or service promoted by the advertisement.
(6) It shall conform to all applicable rules adopted by the director of transportation under division (E) of this section.
(C) Contracts entered into under this section shall be awarded only to the qualified bidder who submits the highest responsive bid or according to uniformly applied rate classes.
(D) No person, except an advertiser alleging a breach of contract or the improper awarding of a contract, has a cause of action against the state with respect to any contract or advertising authorized by this section. Under no circumstances is the state liable for consequential or noneconomic damages with respect to any contract or advertising authorized under this section.
(E) The director, in accordance with Chapter 119. of the Revised Code, shall adopt rules to implement this section. The rules shall be consistent with the policy of protecting the safety of the traveling public and consistent with the national policy governing the use and control of such roadside rest areas. The rules shall regulate the awarding of contracts and may regulate the content, display, and other aspects of the commercial advertising authorized by this section.
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. 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. 5705.41. No subdivision or taxing unit shall:
(A) Make any appropriation of money except as provided in
Chapter 5705. of the Revised Code; provided, that the
authorization of a bond issue shall be deemed to be an
appropriation of the proceeds of the bond issue for the purpose
for which such bonds were issued, but no expenditure shall be
made
from any bond fund until first authorized by the taxing
authority;
(B) Make any expenditure of money unless it has been
appropriated as provided in such chapter;
(C) Make any expenditure of money except by a proper
warrant
drawn against an appropriate fund;
(D)(1) Except as otherwise provided in division (D)(2) of
this section and section 5705.44 of the Revised Code, make any
contract or give any order involving the
expenditure of money
unless there is attached thereto a
certificate of the fiscal
officer of the subdivision that the
amount required to meet the
obligation or, in the case of a
continuing contract to be
performed in whole or in part in an
ensuing fiscal year, the
amount required to meet the obligation
in
the fiscal year in which
the contract is made, has been
lawfully
appropriated for such
purpose and is in the treasury or
in process
of collection to the
credit of an appropriate fund
free from any
previous encumbrances.
This certificate need be
signed only by
the subdivision's fiscal
officer. Every such
contract made
without such a certificate
shall be void, and no
warrant shall be
issued in payment of any
amount due thereon. If
no certificate is
furnished as required,
upon receipt by the
taxing authority of the
subdivision or taxing
unit of a
certificate of the fiscal officer
stating that there was
at the
time of the making of such contract
or order and at the
time of
the execution of such certificate a
sufficient sum
appropriated
for the purpose of such contract and
in the treasury
or in
process of collection to the credit of an
appropriate fund
free
from any previous encumbrances, such taxing
authority may
authorize the drawing of a warrant in payment of
amounts due upon
such contract, but such resolution or ordinance
shall be passed
within thirty days
after the
taxing authority
receives such
certificate; provided
that, if the
amount involved
is less than
one hundred dollars in
the case of
counties or
three
thousand
dollars in the case of all
other
subdivisions or taxing
units, the
fiscal officer may
authorize it
to be paid without such
affirmation of the taxing
authority of the
subdivision or taxing
unit, if such expenditure
is otherwise
valid.
(2) Annually, the board of county commissioners may adopt
a
resolution exempting for the current fiscal year county
purchases
of seven hundred fifty dollars or less from the
requirement of
division (D)(1) of this section that a certificate
be attached to
any contract or order involving the expenditure of
money. The
resolution shall state the dollar amount that is
exempted from the
certificate requirement and whether the
exemption applies to all
purchases, to one or more specific
classes of purchases, or to the
purchase of one or more specific
items. Prior to the adoption of
the resolution, the board shall
give written notice to the county
auditor that it intends to
adopt the resolution. The notice shall
state the dollar amount
that is proposed to be exempted and
whether the exemption would
apply to all purchases, to one or more
specific classes of
purchases, or to the purchase of one or more
specific items. The
county auditor may review and comment on the
proposal, and shall
send any comments to the board within fifteen
days after
receiving the notice. The board shall wait at least
fifteen days
after giving the notice to the auditor before
adopting the
resolution. A person authorized to make a county
purchase in a
county that has adopted such a resolution shall
prepare and file
with the county auditor, within three business
days after
incurring an obligation not requiring a certificate, a
written
document specifying the purpose and amount of the
expenditure,
the date of the purchase, the name of the vendor, and
such
additional information as the auditor of state may prescribe.
(3) Upon certification by the auditor or other chief
fiscal
officer that a certain sum of money, not in excess of five
thousand dollars an amount established by resolution or ordinance
adopted by a majority of the members of the legislative authority
of the subdivision or taxing unit, has been lawfully appropriated, authorized, or
directed for a certain purpose and is in the treasury or in the
process of collection to the credit of a specific line-item
appropriation account in a certain fund free from previous and
then outstanding obligations or certifications, then for such
purpose and from such line-item appropriation account in such
fund, over a period not exceeding three months and not extending
beyond the end of the fiscal year, expenditures may be made,
orders for payment issued, and contracts or obligations calling
for or requiring the payment of money made and assumed; provided,
that the aggregate sum of money included in and called for by
such
expenditures, orders, contracts, and obligations shall not
exceed
the sum so certified. Such a certification need be signed
only by
the fiscal officer of the subdivision or the taxing
district and
may, but need not, be limited to a specific vendor.
An itemized
statement of obligations incurred and expenditures
made under such
certificate shall be rendered to the auditor or
other chief fiscal
officer before another such certificate may be
issued, and not
more than one such certificate shall be
outstanding at a time.
In addition to providing the certification for expenditures
of five thousand dollars or less as provided specified in this division, a
subdivision also may make expenditures, issue orders for
payment,
and
make contracts or obligations calling for or requiring the
payment of money made and assumed for specified permitted
purposes
from a specific line-item appropriation account in a
specified
fund for a sum of money
upon the
certification by the fiscal
officer of the
subdivision that this
sum of
money has been
lawfully appropriated, authorized, or
directed for
a permitted
purpose and is in the treasury or in the
process of
collection to
the credit of the specific line-item
appropriation
account in the
specified fund free from previous and
then-outstanding obligations
or certifications; provided that the
aggregate sum of money
included in and called for by the
expenditures, orders, and
obligations shall not exceed the
certified sum. The purposes for
which a subdivision may
lawfully
appropriate, authorize, or issue
such a certificate are the
services of an accountant, architect,
attorney at law, physician,
professional engineer, construction
project manager, consultant,
surveyor, or appraiser by or on
behalf of the subdivision or
contracting authority; fuel oil,
gasoline, food items, roadway
materials, and utilities; and any
purchases exempt from
competitive bidding under section 125.04 of
the Revised Code and
any other specific expenditure that is a
recurring and reasonably
predictable operating expense. Such a
certification shall not
extend beyond the end of the fiscal year
or, in the case of
a
board of
county commissioners that has
established a quarterly
spending plan
under section 5705.392 of
the Revised Code, beyond
the quarter to
which the plan applies.
Such a certificate shall
be signed by
the fiscal officer and may,
but need not, be
limited
to a
specific vendor. An itemized
statement of obligations
incurred
and expenditures made under such
a certificate shall be
rendered
to the fiscal officer for each
certificate
issued. More
than one
such certificate may be
outstanding at any time.
In any case in which a contract is entered into upon a per
unit basis, the head of the department, board, or commission for
the benefit of which the contract is made shall make an estimate
of the total amount to become due upon such contract, which
estimate shall be certified in writing to the fiscal officer of
the subdivision. Such a contract may be entered into if the
appropriation covers such estimate, or so much thereof as may be
due during the current year. In such a case the certificate of
the fiscal officer based upon the estimate shall be a sufficient
compliance with the law requiring a certificate.
Any certificate of the fiscal officer attached to a
contract
shall be binding upon the political subdivision as to
the facts
set forth therein. Upon request of any person
receiving an order
or entering into a contract with any political
subdivision, the
certificate of the fiscal officer shall be
attached to such order
or contract. "Contract" as used in this
section excludes current
payrolls of regular employees and
officers.
Taxes and other revenue in process of collection, or the
proceeds to be derived from authorized bonds, notes, or
certificates of indebtedness sold and in process of delivery,
shall for the purpose of this section be deemed in the treasury
or
in process of collection and in the appropriate fund. This
section applies neither to the investment of sinking funds by the
trustees of such funds, nor to investments made under sections
731.56 to 731.59 of the Revised Code.
No district authority shall, in transacting its own
affairs,
do any of the things prohibited to a subdivision by this
section,
but the appropriation referred to shall become the
appropriation
by the district authority, and the fiscal officer
referred to
shall mean the fiscal officer of the district
authority.
Sec. 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. 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. 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. 5733.121. If a corporation entitled to a refund under
section 5733.11 or 5733.12 of the Revised Code is indebted to this state
for any tax, workers' compensation premium due under section 4123.35 of the Revised Code, unemployment compensation contribution due under section 4141.25 of the Revised Code, or unemployment compensation payment in lieu of contribution under section 4141.241 of the Revised Code or fee administered by the tax commissioner that is paid to
the state or to the clerk of courts pursuant to section 4505.06
of the Revised Code, or any charge, penalty, or interest arising from such a
tax, workers' compensation premium, unemployment compensation contribution, or unemployment compensation payment in lieu of contribution under section 4141.241 of the Revised Code or fee, the amount refundable may be applied in
satisfaction of the 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. If the corporation has more than one such
debt, any debt subject to section 5739.33 or division (G) of
section 5747.07 of the Revised Code shall be satisfied first. This
section applies only to debts that have become final.
The tax commissioner may, with the consent of the taxpayer,
provide for the crediting, against tax due for any tax year, of
the amount of any refund due the taxpayer under this chapter for
a preceding tax year.
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. 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. 5735.23. (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. 5747.12. If a person entitled to a refund under section 5747.11 or
5747.13 of the Revised Code is indebted to this state for any tax, workers' compensation premium due under section 4123.35 of the Revised Code, unemployment compensation contribution due under section 4141.25 of the Revised Code, or fee
administered by the tax commissioner that is paid to the state
or to the clerk of courts pursuant to section 4505.06 of the Revised Code,
or any charge, penalty, or interest arising from such a tax, workers' compensation premium, unemployment compensation contribution, or fee, the amount
refundable may be applied in satisfaction of the 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. If the person has more than one such debt, any debt subject to
section 5739.33 or division (G) of section 5747.07 of the Revised Code shall
be satisfied first. This section applies only to debts that have become
final.
The tax commissioner may, with the consent of the taxpayer,
provide for the crediting, against tax imposed under this chapter
or Chapter 5748. of the Revised Code and due for any taxable
year, of the amount of any refund due the taxpayer under this
chapter or Chapter 5748. of the Revised Code, as appropriate, for
a preceding taxable year.
Sec. 5903.12. (A) As used in this section:
(1)
"Continuing education" means continuing education
required of a licensee by law and includes, but is not limited
to,
the continuing education required of licensees under sections
3737.881, 3781.10, 4701.11, 4715.141, 4715.25, 4717.09, 4723.24,
4725.16, 4725.51, 4731.281, 4734.25, 4735.141, 4736.11,
4741.16,
4741.19,
4751.07, 4755.63, 4757.33, 4759.06, 4761.06, and
4763.07
of the Revised Code.
(2)
"License" means a license, certificate, permit, or
other
authorization issued or conferred by a licensing agency
under
which a licensee may engage in a profession, occupation, or
occupational activity.
(3)
"Licensee" means a person to whom all of the following
apply:
(a) The person has been issued a license by a licensing
agency.
(b) The person is a member of the Ohio national guard, the
Ohio
military reserve, the Ohio naval militia, or a reserve
component
of the armed forces of the United States.
(c) The person has been called to active duty, whether
inside or
outside the United States, because of an executive order
issued
by the president of the United States or an act of
congress, for
a period in excess of thirty-one days.
(4)
"Licensing agency" means any state department,
division,
board, commission, agency, or other state governmental
unit
authorized by the Revised Code to issue a license.
(5)
"Reporting period" means the period of time during
which
a licensee must complete the number of hours of continuing
education required of the licensee by law.
(B) Each licensing agency, upon receiving an application
from one of its licensees that is accompanied by proper
documentation certifying that the licensee has been called to
active duty
as described in division (A)(3)(c) of this section
during the
current or a prior reporting period and certifying the
length of
that active duty, shall extend the current reporting
period by an
amount of time equal to the total number of months
that the
licensee spent on active duty during the current
reporting
period. For purposes of this division, any portion of a
month
served on active duty shall be considered one full month.
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. 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. 6117.02. (A) The board of county commissioners shall
fix reasonable rates, including penalties for
late payments, for
the use, or the availability for
use, of the sanitary facilities
of a sewer district to
be paid by every person and public
agency
whose premises are served, or capable of being served, by
a
connection directly or indirectly to
those facilities when those
facilities are owned or operated
by the county
and may change the
rates from time to time as it
considers advisable. When the
sanitary facilities to be used by the
county are owned by another
public
agency
or person, the schedule of
rates
to be charged by
the public agency
or person for the use of the facilities by
the
county, or the formula or other procedure for their
determination,
shall be
approved by the board at the time it
enters into a
contract
for that use.
(B) The board also shall establish
reasonable charges
to be
collected for the privilege of connecting to the sanitary
facilities of the
district, with
the
requirement that, prior to
the connection,
the charges shall
be paid in full, or, if
determined by the board to be
equitable in a resolution
relating
to the payment of the
charges, provision considered
adequate by
the board shall
be made for their
payment in
installments at the
times, in
the amounts, and
with the
security, carrying charges,
and
penalties as may be
found by the
board in that resolution to
be fair and
appropriate. No public
agency or person shall be
permitted to
connect to those
facilities until the
charges have
been paid in full or provision
for
their
payment in installments
has been made. If the
connection charges are
to be paid in
installments, the board shall
certify to the county
auditor
information sufficient to identify
each parcel of
property served
by a connection and, with respect
to each parcel, the total of
the charges to be
paid in
installments, the amount of each
installment, and the
total number
of installments to be paid. The
auditor shall
record and maintain
the information supplied in the
sewer improvement
record provided
for in section 6117.33 of the
Revised
Code
until the connection
charges are paid in full. The
board may
include amounts
attributable to connection charges being
paid in installments
in
its billings of rates and charges for the
use of sanitary
facilities.
(C) When any of the sanitary rates or
charges are not paid
when due, the board may
do any or all of the following as it
considers appropriate:
(1) Certify the unpaid rates or charges,
together with any
penalties, to the county auditor, who shall
place them upon the
real property tax list and duplicate against
the property served
by the connection. The certified amount
shall be a lien on the
property from the date
placed on the real property tax list and
duplicate and shall be collected in the same manner as
taxes,
except that, notwithstanding section 323.15 of the
Revised Code, a
county treasurer shall accept a payment in
that amount when
separately tendered as payment for the full amount of the
unpaid
sanitary rates or charges and associated penalties. The lien
shall be
released immediately upon payment in full of the
certified amount.
(2) Collect the unpaid rates or charges, together with any
penalties, by
actions at law in the name of the county from an
owner, tenant, or other
person or public agency that is liable for
the payment of the rates or
charges;
(3) Terminate, in accordance with established rules, the
sanitary service
to the particular property and, if so determined,
any county water service to
that property, unless and until the
unpaid sanitary rates or charges, together
with any penalties, are
paid in full;
(4) Apply, to the extent required, any security deposit made
in accordance
with established rules to the payment of sanitary
rates and charges for
service to the particular property.
All
moneys collected as sanitary rates,
charges, or
penalties fixed or established in accordance
with divisions (A)
and (B) of this section for any sewer
district shall be paid to
the county treasurer and kept in a
separate and distinct sanitary
fund established by the board to
the credit of
the district.
Except as otherwise provided in any proceedings
authorizing or
providing for the security for and payment of any public
obligations, or in any
indenture or
trust or other agreement
securing public
obligations, moneys in the sanitary fund shall
be
applied
first to the payment of the cost of the management,
maintenance,
and operation of the sanitary facilities of, or used
or operated for, the
district, which cost may
include the county's
share of management, maintenance, and operation costs
under
cooperative contracts for the acquisition, construction, or use of
sanitary facilities and, in accordance with a cost allocation plan
adopted
under
division (E) of this section, payment of all
allowable
direct and
indirect costs of the district, the county
sanitary engineer or
sanitary
engineering department, or a federal
or state grant program,
incurred for sanitary purposes under
this
chapter, and shall be applied
second to the payment of
debt charges payable on any
outstanding public obligations issued
or incurred for the
acquisition or construction of sanitary
facilities for or serving
the district, or for the funding of a
bond retirement or other fund established for the
payment of or
security for the obligations. Any
surplus
remaining may be
applied to the
acquisition or
construction of those facilities
or for the payment of
contributions to be made, or costs incurred,
for the acquisition or
construction of those facilities under
cooperative contracts. Moneys in the sanitary fund shall not be
expended other than for the use and benefit of
the district.
(D) The board may fix reasonable rates and charges,
including connection charges and penalties for late payments, to
be paid by
any person or public agency owning or having possession
or control of any
properties that are connected with, capable of
being served by, or otherwise
served directly or indirectly
by,
drainage facilities owned or operated by or under the jurisdiction
of the
county, including, but not limited to, properties
requiring, or lying within
an area of the district requiring, in
the judgment of the board, the
collection,
control, or abatement
of waters originating or accumulating in, or flowing in,
into, or
through, the district, and may change those rates and charges from
time to time as it considers advisable.
The
In addition, the board
may fix the rates and charges in order to pay the costs of
complying with the requirements of phase II of the storm water
program of the national pollutant discharge elimination system
established in 40 C.F.R. part 122.
The rates and charges
shall be
payable periodically as
determined by the board, except
that any connection
charges shall
be paid in full in one payment,
or, if determined by the board
to
be equitable in a resolution
relating to the payment of those
charges,
provision considered
adequate by the board shall be made
for their payment in
installments at the times, in the amounts,
and with the security,
carrying
charges, and penalties as may be
found by the board in
that resolution to be
fair and appropriate.
The board may include
amounts attributable to
connection charges
being paid in
installments in its billings of rates and
charges
for the services
provided by the drainage facilities.
In the case
of rates and charges that are fixed in order to pay the costs of
complying with the requirements of phase II of the storm water
program of the national pollutant discharge elimination system
established in 40 C.F.R. part 122, the rates and charges may be
paid annually or semiannually with real property taxes, provided
that the board certifies to the county auditor information that is
sufficient for the auditor to identify each parcel of property for
which a rate or charge is levied and the amount of the rate or
charge.
When any of the drainage rates or charges are not paid when
due, the board
may do any or all of the following as it considers
appropriate:
(1) Certify the unpaid rates or charges, together with any
penalties, to
the county auditor, who shall place them upon the
real property tax list and
duplicate against the property to which
the rates or charges apply. The
certified amount shall be a lien
on the property from the date placed on the
real property tax list
and duplicate and shall be collected in the same manner
as taxes,
except that notwithstanding section 323.15 of the Revised
Code, a
county treasurer shall accept a payment in that amount when
separately tendered as payment for the full amount of the unpaid
drainage
rates or charges and associated penalties. The lien
shall be released
immediately upon payment in full of the
certified amount.
(2) Collect the unpaid rates or charges, together with any
penalties, by
actions at law in the name of the county from an
owner, tenant, or other
person or public agency that is liable for
the payment of the rates or
charges;
(3) Terminate, in accordance with established rules, the
drainage service
for the particular property until the unpaid
rates or charges, together with
any penalties, are paid in full;
(4) Apply, to the extent required, any security deposit made
in accordance
with established rules to the payment of drainage
rates and charges applicable
to the particular property.
All moneys collected as drainage rates, charges, or penalties
in or for
any sewer district shall be paid to the county treasurer
and kept in a
separate and distinct drainage fund established by
the board to the credit of
the district. Except as otherwise
provided in any proceedings authorizing or
providing for the
security for and payment of any public obligations, or in
any
indenture or trust or other agreement securing public obligations,
moneys
in the drainage fund shall be applied first to the payment
of the cost of the
management, maintenance, and operation of the
drainage facilities of, or used
or operated for, the district,
which cost may include the county's share of
management,
maintenance, and operation costs under cooperative contracts for
the acquisition, construction, or use of drainage facilities and,
in
accordance with a cost allocation plan adopted under division
(E) of
this section, payment of all allowable direct and indirect
costs of the
district, the county sanitary engineer or sanitary
engineering department, or
a federal or state grant program,
incurred for drainage purposes under this
chapter, and shall be
applied second to the payment of debt charges payable on
any
outstanding public obligations issued or incurred for the
acquisition or
construction of drainage facilities for or serving
the district, or for the
funding of a bond retirement or other
fund established for the payment of or
security for the
obligations. Any surplus remaining may be applied to the
acquisition or construction of those facilities or for the payment
of
contributions to be made, or costs incurred, for the
acquisition or
construction of those facilities under cooperative
contracts. Moneys in the
drainage fund shall not be expended
other than for the use and benefit of the
district.
(E) A board of county commissioners may adopt a cost
allocation plan that identifies, accumulates, and distributes
allowable direct and indirect costs that may be paid from each of
the
funds of the district created
pursuant to divisions (C) and
(D) of this
section, and that
prescribes methods for allocating
those costs. The plan shall
authorize payment from each of those
funds of only
those costs incurred by
the district, the county
sanitary engineer or sanitary engineering
department, or a federal
or state grant program, and those costs
incurred by the general
and other funds of the county for a
common or joint purpose, that
are necessary and reasonable for
the proper and efficient
administration of the district under
this chapter and properly
attributable to the particular fund of the
district. The plan
shall
not authorize payment from either of the
funds
of any
general
government expense required to carry out the
overall
governmental
responsibilities of a county. The plan
shall conform
to United
States office of management and budget
Circular A-87,
"Cost
Principles for State, Local,
and Indian Tribal Governments,"
published May 17,
1995.
Section 2. That existing sections
9.01, 9.83, 101.34, 101.72, 101.82, 102.02, 108.05, 109.57, 109.572, 109.91, 117.45, 121.04,
121.084, 121.62, 122.011, 122.04, 122.08, 122.25, 122.651, 122.658,
122.87, 122.88, 123.01, 124.03, 125.05, 125.06, 125.07, 125.15, 125.22, 125.91, 125.92, 125.93, 125.95, 125.96,
125.98, 126.03, 126.11, 127.16, 131.02, 131.23, 131.35, 135.22, 141.011, 147.01, 147.37, 149.011, 149.30, 149.33,
149.331, 149.332, 149.333, 149.34, 149.35, 153.65, 163.06, 164.27, 173.14,
173.26, 175.03, 175.21, 175.22, 181.51, 181.52, 181.53, 181.54, 181.55, 181.56, 183.02,
183.28, 307.202, 311.17, 317.32, 319.302, 323.01, 323.152, 329.03, 329.04, 329.051, 340.021, 340.03, 505.69, 717.01, 901.17, 901.21, 921.151, 927.69, 1309.109, 1321.21,
1333.99, 1501.04, 1513.05, 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, 1551.11, 1551.12, 1551.15, 1551.311, 1551.32, 1551.33, 1551.35, 1555.02, 1555.03, 1555.04, 1555.05, 1555.06, 1555.08, 1555.17, 1563.42, 1702.59, 2101.16,
2117.06, 2117.25, 2151.3529, 2151.3530, 2151.83, 2151.84, 2152.74, 2305.234, 2329.07, 2329.66,
2505.13, 2715.041, 2715.045, 2716.13, 2743.02, 2901.07, 2921.13, 2935.36, 2949.091, 3111.04, 3111.72,
3119.01, 3123.952, 3301.33, 3301.52, 3301.53, 3301.54, 3301.55,
3301.57, 3301.58, 3301.80, 3301.801, 3311.52, 3313.41, 3313.647, 3313.90, 3313.979, 3313.981, 3314.02, 3314.03, 3314.041, 3314.07, 3314.074, 3314.08, 3316.08, 3317.01, 3317.012, 3317.013, 3317.02,
3317.022, 3317.023, 3317.024, 3317.029, 3317.0213, 3317.0217, 3317.03,
3317.032, 3317.04, 3317.05, 3317.06, 3317.064, 3317.07, 3317.081, 3317.09, 3317.10, 3317.16, 3317.50,
3317.51, 3318.37, 3319.01, 3319.02, 3319.03, 3319.07, 3319.19, 3319.22, 3319.227, 3319.235, 3319.302, 3319.33, 3319.36, 3323.12, 3323.16, 3327.01, 3327.011, 3329.06, 3329.08, 3332.04, 3333.12, 3365.04, 3377.01, 3377.06, 3383.01, 3383.07,
3501.18, 3501.30, 3505.08, 3517.092, 3701.021, 3701.022, 3701.024, 3701.141, 3701.145, 3701.78,
3702.31, 3702.68, 3702.74, 3705.23, 3705.24, 3709.09, 3710.05, 3711.021, 3721.02,
3721.19, 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, 3737.81,
3745.04, 3745.11, 3745.14, 3745.40, 3746.13, 3748.07, 3748.13, 3770.07, 3770.10, 3770.99, 3773.33, 3773.43, 3781.19, 3793.09, 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, 4112.12, 4112.15, 4115.03, 4115.10, 4117.02, 4117.10,
4117.14, 4123.27, 4123.41, 4141.04, 4141.09, 4141.23, 4301.30, 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,
4501.27, 4503.234, 4509.60, 4511.191, 4511.75, 4561.18, 4561.21, 4707.071,
4707.072, 4707.10, 4709.12, 4717.07, 4717.09, 4719.01, 4723.06, 4723.08, 4723.082,
4725.01, 4725.02, 4725.03, 4725.04, 4725.05, 4725.06, 4725.07, 4725.08, 4725.09, 4725.10, 4725.11, 4725.12, 4725.13, 4725.15, 4725.16, 4725.17, 4725.171, 4725.18, 4725.19, 4725.20, 4725.21, 4725.22, 4725.23, 4725.24, 4725.26, 4725.27, 4725.28, 4725.29, 4725.31, 4725.33, 4725.34, 4725.99, 4731.65, 4731.71,
4734.15, 4734.99, 4736.12, 4741.17, 4743.05, 4747.05, 4747.06, 4747.07, 4747.10,
4751.06, 4751.07, 4759.08, 4771.22, 4779.08, 4779.09, 4779.10, 4779.11, 4779.12, 4779.15, 4779.16, 4779.17, 4779.18, 4779.20, 4779.21, 4779.22, 4779.23, 4779.24, 4779.25, 4779.26, 4779.27, 4779.30, 4779.32, 4779.33, 4903.24, 4905.91,
4919.79, 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, 4981.36, 4981.361, 5101.11, 5101.14, 5101.141, 5101.142, 5101.144,
5101.145, 5101.146, 5101.16, 5101.18, 5101.181,
5101.36, 5101.58, 5101.59, 5101.75,
5101.80, 5101.83, 5101.97, 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, 5104.04, 5104.30, 5104.32, 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, 5111.08, 5111.111, 5111.16, 5111.17, 5111.171, 5111.20, 5111.21, 5111.22, 5111.25, 5111.251, 5111.252, 5111.28, 5111.29, 5111.30, 5111.31, 5111.81,
5111.85, 5111.87, 5111.871, 5111.872, 5111.873, 5111.94, 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, 5120.09, 5120.51, 5123.01, 5123.051, 5123.19, 5123.60, 5123.801, 5126.01, 5126.042, 5126.12, 5139.01, 5139.36, 5139.87, 5153.163,
5153.60, 5153.69, 5153.72, 5153.78, 5310.15, 5501.03, 5502.13, 5513.01, 5515.07, 5519.01,
5705.19, 5705.41, 5709.62, 5709.63, 5709.632, 5709.64, 5719.07, 5727.56, 5733.121, 5733.18, 5733.22, 5735.05, 5735.23, 5735.26, 5735.291, 5735.30, 5747.12, 5903.12, 6101.09, 6109.21, 6115.09, 6117.02, and 6301.10, and sections 122.12, 125.831, 125.931, 125.932, 125.933, 125.934, 125.935, 131.38, 173.45, 173.46, 173.47, 173.48, 173.49, 173.50, 173.51, 173.52, 173.53, 173.54, 173.55, 173.56, 173.57, 173.58, 173.59, 1333.96, 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, 2305.26, 3301.0719, 3301.078, 3301.0724, 3301.31, 3301.581, 3302.041, 3313.82, 3313.83, 3313.94, 3317.11, 3318.35, 3318.351, 3319.06, 3319.34, 3701.142, 3701.144, 4104.42, 4104.43, 4112.12, 4112.13, 4141.044, 4141.045, 4725.40, 4725.41, 4725.42, 4725.43, 4725.44, 4725.45, 4725.46, 4725.47, 4725.48, 4725.49, 4725.50, 4725.51, 4725.52, 4725.53, 4725.531, 4725.54, 4725.55, 4725.56, 4725.57, 4725.58, 4725.59, 4779.05, 4779.06, 4779.07, 5101.251, 5108.05, 5111.017, 5111.173, 5115.011, 5115.012, 5115.06, 5115.061 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 section 927.69 of the Revised Code shall be used to carry out the purposes specified in that section and the portion of the money in the fund 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 3.06A. That the version of section 2305.234 of the Revised Code that is scheduled to take effect January 1, 2004, be amended to read as follows:
Sec. 2305.234. (A) As used in this section:
(1)
"Chiropractic claim,"
"medical claim," and
"optometric
claim"
have the same meanings as in section
2305.113 of
the Revised
Code.
(2)
"Dental claim" has the same meaning as in section
2305.113 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, advanced practice 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;
(k) Emergency medical technicians-basic, emergency medical
technicians-intermediate, and emergency medical
technicians-paramedic, certified under Chapter 4765. 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.
(11) "Community control sanction" has the same meaning as in section 2929.01 of the Revised Code.
(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
(B) of section 2951.02 of the
Revised
Code or imposed by a court as a community control
sanction;
(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.
Section 3.06B. That the existing version of section 2305.234 of the Revised Code that is scheduled to take effect January 1, 2004, is hereby repealed.
Section 3.06C. Sections 3.06A and 3.06B of this act take effect January 1, 2004.
Section 3.06D. That the version of section 3734.44 of the Revised Code that is scheduled to take effect January 1, 2004, be amended to read as follows:
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)
A 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)
A violation of
the 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)
A violation of
any provision 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 community control
sanction
imposed under section 2929.15 of the Revised Code, 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
July 1, 1996. 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.
Section 3.06E. That the existing version of section 3734.44 of the Revised Code that is scheduled to take effect on January 1, 2004, is hereby repealed.
Section 3.06F. Sections 3.06D and 3.06E of this act take effect January 1, 2004.
Section 3.07. That the versions of sections 4503.234, 4511.191, and 4511.75 of the Revised Code that are scheduled to take effect January 1, 2004, be amended to read as follows:
Sec. 4503.234. (A) If a court is required by section
4503.233, 4503.236,
4510.11, 4510.14, 4510.16, 4510.41, 4511.19,
4511.193,
or
4511.203 of the Revised Code to order the
criminal
forfeiture of a
vehicle, the order shall be
issued and
enforced in
accordance with
this division, subject to
division
(B) of this
section.
An
order
of criminal forfeiture issued under this
division
shall
authorize
an appropriate law enforcement agency to
seize
the
vehicle ordered
criminally forfeited upon the terms and
conditions
that the
court
determines proper. No vehicle ordered
criminally
forfeited
pursuant to this division shall be considered
contraband
for
purposes of section 2933.41, 2933.42, or 2933.43 of
the
Revised
Code, but
the law enforcement agency that
employs
the
officer who
seized it
shall hold the vehicle for
disposal in
accordance with
this
section. A forfeiture order may
be
issued
only after the
offender has been provided
with an opportunity to
be heard. The
prosecuting attorney shall
give the
offender
written
notice of
the possibility
of forfeiture by sending a copy
of the relevant
uniform traffic
ticket or other written notice to
the
offender
not
less
than seven days prior to the date of
issuance of the
forfeiture order. A
vehicle is subject to
an
order of criminal
forfeiture pursuant to this division upon
the
conviction of the
offender
of or plea of guilty by the offender to
a violation of
division (A) of section 4503.236,
section
4510.11, 4510.14,
4510.16,
or
4511.203, or division (A) of section
4511.19
of the
Revised Code,
or a municipal
ordinance that is
substantially
equivalent to
any of those sections or
divisions.
(B)(1) Prior to the issuance of an order of criminal
forfeiture pursuant to
this section, the law
enforcement agency
that employs the law enforcement officer who
seized the vehicle
shall
conduct or cause to be conducted a search
of the
appropriate
public records that relate to the vehicle and
shall
make or cause
to be made reasonably diligent inquiries to
identify any
lienholder or
any person or entity with an ownership
interest in
the
vehicle. The court that is to issue the
forfeiture
order also
shall cause a notice of the potential
order
relative to the
vehicle and of the expected
manner of disposition
of the vehicle
after its forfeiture to be
sent to any lienholder
or person who is
known to
the court to have any right, title, or
interest in the
vehicle. The court shall give the notice
by
certified mail,
return receipt requested, or by personal service.
(2) No order of criminal
forfeiture shall be issued pursuant
to
this section if
a lienholder or other person
with an ownership
interest in the
vehicle establishes to the
court, by a
preponderance of the evidence
after filing a motion
with the
court,
that the lienholder or other
person neither
knew nor
should
have known after a reasonable
inquiry that the
vehicle
would be used or involved,
or likely
would be used
or
involved, in
the violation resulting in the issuance of the
order
of criminal
forfeiture or the violation of the order of
immobilization issued
under section 4503.233 of
the Revised Code,
that the lienholder or
other
person did not
expressly or
impliedly consent
to the use or
involvement of the vehicle in that
violation, and that the
lien or
ownership interest was
perfected
pursuant
to law prior to the
seizure of the vehicle under section
4503.236,
4510.41, 4511.195,
or
4511.203 of the
Revised
Code. If the lienholder or holder of
the
ownership
interest satisfies the court that these
criteria
have been met,
the court shall preserve
the lienholder's or other
person's lien or
interest, and the court either shall return the
vehicle to the holder,
or shall order that the
proceeds of any
sale
held
pursuant to division
(C)(2)
of this section be paid to
the
lienholder or
holder of the
interest less the costs of
seizure, storage, and maintenance of
the vehicle. The court shall
not
return a vehicle to a lienholder
or a holder of an ownership
interest
unless the
lienholder or holder submits an affidavit
to
the court that states that the lienholder or holder will not
return the vehicle to the person from whom the vehicle was seized
pursuant to the order of criminal forfeiture or to any member of
that person's family and will not otherwise knowingly permit that
person or any member of that person's family to obtain
possession
of the
vehicle.
(3) No order of criminal
forfeiture shall be issued pursuant
to
this section if
a person
with an interest in
the vehicle
establishes to the court, by a
preponderance of the
evidence after
filing a motion with the court,
that the person
neither knew nor
should have known after a
reasonable
inquiry that
the vehicle had
been used or was involved in the
violation
resulting in the
issuance of the order of criminal
forfeiture or
the violation of
the order of immobilization issued under
section
4503.233 of the
Revised Code,
that the person did not expressly or
impliedly
consent to the
use or
involvement of the vehicle in that
violation, that the interest was perfected
in
good faith and for
value pursuant to law between the time of the arrest of the
offender and the final disposition of the criminal charge in
question, and that the vehicle was in the possession of the
interest holder at the time of the perfection of
the
interest. If
the court is satisfied that the interest
holder has
met these
criteria, the court shall preserve
the
interest holder's
interest, and the court either
shall return the
vehicle to the
interest holder
or order that the
proceeds of any
sale held
pursuant to division
(C) of
this section be paid
to the holder of
the interest less the costs
of seizure, storage, and maintenance
of the
vehicle. The court
shall not return a vehicle to an
interest holder
unless the holder
submits an affidavit to
the
court stating
that the holder will not return the vehicle to
the
person from
whom the holder acquired
the
holder's
interest, nor
to any member
of that person's family, and the
holder will not
otherwise
knowingly permit that person or any
member of that
person's
family to
obtain possession of the
vehicle.
(C) A vehicle ordered criminally forfeited to the state
pursuant to
this section shall
be disposed of as
follows:
(1) It shall be given to the law enforcement agency
that
employs the law enforcement officer who seized the
vehicle, if
that agency desires to have it;
(2) If a vehicle is not disposed of pursuant to division
(C)(1) of this section, the vehicle shall be sold,
without
appraisal, if the value of the vehicle is
two thousand dollars or
more as determined by publications of
the national
auto dealer's
association, at a public auction to the highest bidder for
cash.
Prior to the sale, the prosecuting attorney in the case shall
cause a notice of the proposed sale to be given in accordance
with
law. The court shall cause notice of the sale of the vehicle to
be
published in a newspaper of general circulation in the county
in which the
court is located at least seven days prior to the
date of the
sale. The proceeds of a sale under this division or
division
(F) of
this section shall be applied in the following
order:
(a) First, they shall be applied to the payment of the
costs
incurred in connection with the seizure, storage, and
maintenance
of, and provision of security for, the vehicle, any
proceeding
arising out of the forfeiture, and if any, the sale.
(b) Second, the remaining proceeds after compliance with
division
(C)(2)(a) of this section, shall be applied to the
payment of the value of any lien or ownership
interest in
the
vehicle preserved under division
(B) of this section.
(c) Third, the remaining proceeds, after compliance with
divisions
(C)(2)(a) and (b) of this section, shall be
applied
to
the appropriate funds in accordance with divisions (D)(1)(c)
and
(2) of section 2933.43 of the Revised Code, provided that the
total of the amount so deposited under this division shall not
exceed one thousand dollars. The remaining proceeds deposited
under this division shall be used only for the purposes
authorized
by those divisions and division (D)(3)(a)(ii) of that
section.
(d) Fourth, the remaining proceeds after compliance with
divisions
(C)(2)(a) and (b) of this section and after
deposit
of
a
total amount of one thousand dollars under division
(C)(2)(c) of
this section shall be applied so that fifty seventy-five
per
cent of those
remaining proceeds is paid into the reparation fund
established
by
section 2743.191 of the Revised Code, twenty-five
per cent is
paid
into the drug abuse resistance education programs
fund
created by
division
(F)(2)(e) of section 4511.191 of the
Revised
Code and
shall be used only for the purposes authorized by
division
(F)(2)(e) of that section, and twenty-five per
cent is
applied to
the appropriate funds in accordance with division
(D)(1)(c) of
section 2933.43 of the Revised Code. The proceeds
deposited into
any fund described in section 2933.43 of the
Revised Code shall be
used only for the purposes authorized by
division (D)(1)(c), (2),
and (3)(a)(ii) of that section.
(D)
Except as provided in division
(E)
of section 4511.203 of
the Revised Code and notwithstanding any
other
provision of law,
neither
the registrar of motor vehicles
nor any deputy registrar
shall
accept an application for the
registration of any motor
vehicle
in the name of any person, or
register any motor vehicle
in the
name of any person, if both of
the following apply:
(1) Any vehicle registered in the person's name was
criminally forfeited under
this
section and
section 4503.233,
4503.236,
4510.10,
4510.11,
4510.14, 4510.16, 4510.161, 4510.41,
4511.19, 4511.193,
or
4511.203
of the Revised Code;
(2) Less than five years have expired since the issuance of
the most recent order of criminal forfeiture issued in relation
to
a vehicle registered in the person's name.
(E) If a court is required by section 4503.233,
4503.236,
4510.10, 4510.11, 4510.14,
4510.16,
4510.161,
4510.41,
4511.19,
4511.193,
or
4511.203 of the Revised
Code to
order the criminal
forfeiture to the state
of a vehicle,
and the
title to the motor
vehicle is assigned or transferred,
and
division
(B)(2) or (3) of
this section applies, in
addition to
or
independent of any other
penalty established by law, the court
may fine the
offender the
value of the vehicle as determined by
publications of the
national
auto dealer's association. The
proceeds from any fine imposed
under
this division
shall be distributed in
accordance with
division
(C)(2) of this section.
(F) As used in
this section and
divisions
(D)(1)(c),
(D)(2), and (D)(3)(a)(ii) of section 2933.43 of the
Revised Code
in relation to proceeds of the sale of a vehicle
under division
(C) of this section, "prosecuting attorney"
includes the
prosecuting attorney, village solicitor, city
director of law, or
similar chief legal officer of a municipal
corporation who
prosecutes the case resulting in the conviction
or
guilty plea in
question.
(G) If the vehicle to
be forfeited has an average retail
value of less than two thousand dollars as
determined by
publications of the national auto dealer's
association, no public
auction is required to be held. In such
a case, the court may
direct that the vehicle be disposed of in
any manner that it
considers appropriate, including assignment
of the certificate of
title to the motor vehicle to a salvage
dealer or a scrap metal
processing facility. The court shall
not transfer the vehicle to
the person who is the vehicle's
immediate previous owner.
If the court assigns the motor vehicle to a salvage
dealer or
scrap metal processing facility and the court is in possession of
the certificate of title to the motor vehicle, it shall send the
assigned certificate of title to the motor vehicle to the clerk
of
the court of common pleas of the county in which the salvage
dealer or scrap metal processing facility is located. The court
shall mark the face of the certificate of title with the words
"FOR DESTRUCTION" and shall
deliver a photocopy of the certificate
of title to the salvage
dealer or scrap metal processing facility
for its records.
If the court is not in possession of the certificate of title
to the
motor vehicle, the court shall issue an order transferring
ownership of the
motor vehicle to a salvage dealer or scrap metal
processing facility, send the
order to the clerk of the court of
common pleas of the county in which the
salvage dealer or scrap
metal processing facility is located, and send a
photocopy of the
order to the salvage dealer or scrap metal processing
facility for
its records. The clerk shall make the proper notations or
entries
in the clerk's records concerning the disposition of the motor
vehicle.
Sec. 4511.191. (A)(1) "Physical control" has the same
meaning as in section 4511.194 of the Revised Code.
(2) Any person who operates a vehicle, streetcar, or
trackless trolley upon
a highway or any public or private property
used by the public
for vehicular travel or parking within this
state
or who is in physical control of a vehicle,
streetcar, or
trackless trolley shall be deemed
to have given
consent to a
chemical test or tests of the
person's
whole blood,
blood serum or
plasma, breath, or urine
to
determine the alcohol,
drug, or
alcohol and drug
content of the
person's
whole blood,
blood serum
or plasma,
breath, or urine
if
arrested
for
a
violation of
division (A) or
(B) of
section 4511.19 of the Revised
Code,
section 4511.194 of
the
Revised Code, or a municipal OVI
ordinance.
(3) The chemical test or tests
under division (A)(2) of this
section shall be
administered at the request of a
law
enforcement
officer having reasonable
grounds to believe the
person
was
operating
or in physical control of a
vehicle,
streetcar, or
trackless trolley in
violation of a division,
section, or
ordinance identified in
division (A)(2) of this
section. The law
enforcement agency by
which the
officer is
employed shall
designate which of the tests
shall be
administered.
(4) Any person who is dead or unconscious, or who
otherwise
is in a condition rendering the person incapable of
refusal,
shall
be deemed
to have
consented
as provided
in
division (A)(2) of
this section, and the test or
tests may be
administered, subject
to sections 313.12 to 313.16 of
the Revised
Code.
(B)(1) Upon receipt of the sworn report of
a
law
enforcement
officer
who arrested a person for a violation of
division (A) or (B) of section 4511.19 of the Revised Code,
section 4511.194 of the Revised Code, or a municipal OVI ordinance
that was completed and sent to the registrar and a court pursuant
to
section
4511.192 of the
Revised Code in regard to a
person who
refused to take the
designated chemical test, the
registrar shall
enter into the
registrar's records the fact
that the person's
driver's or
commercial driver's license or permit or nonresident
operating
privilege was suspended by the arresting officer under
this
division and that section and the period of the
suspension,
as determined under
this
section. The suspension shall be
subject to appeal as
provided in
section
4511.197 of the Revised
Code. The suspension
shall be for whichever of the
following
periods applies:
(a)
Except when division (B)(1)(b), (c), or (d) of
this
section applies and specifies a different class or length of
suspension,
the
suspension shall be
a class C suspension for the
period of time specified in
division (B)(3) of section 4510.02 of
the Revised Code.
(b) If the arrested person, within
six years of the
date
on
which the person refused the request to consent to the
chemical
test,
had refused one previous request to consent to a
chemical
test, the
suspension
shall be
a class B suspension imposed for
the period of time
specified in division (B)(2) of section 4510.02
of the Revised
Code.
(c) If the arrested person, within
six years of the
date
on
which the person refused the request to consent to the
chemical
test,
had refused two previous requests to consent to a
chemical
test,
the
suspension
shall be
a class A suspension imposed for
the period of time
specified in division (B)(1) of section 4510.02
of the Revised
Code.
(d) If the arrested person, within
six years of the
date
on
which the person refused the request to consent to the
chemical
test,
had refused three or more previous requests to
consent to a
chemical test, the
suspension
shall be
for five
years.
(2)
The registrar shall terminate a suspension of the
driver's or commercial driver's license
or permit of a resident or
of the operating privilege of a nonresident, or a
denial of a
driver's or commercial
driver's license or permit, imposed
pursuant to division (B)(1) of
this
section upon receipt of notice
that the person has entered a
plea of guilty to, or has been
convicted of, operating a vehicle in violation
of section 4511.19
of
the Revised Code or in violation of a municipal
OVI ordinance,
if the offense for which the conviction is had or
the
plea is
entered arose from the same incident that led to the suspension or
denial.
The registrar shall credit against any judicial suspension of
a
person's driver's or commercial driver's license or permit or
nonresident operating privilege imposed pursuant to section
4511.19 of the Revised Code, or
pursuant to section 4510.07 of the
Revised Code for a violation of a municipal OVI
ordinance, any
time during which the person serves a related suspension
imposed
pursuant to division (B)(1) of this section.
(C)(1) Upon receipt of the sworn report of
law
enforcement
officer
who arrested a person for a violation of
division (A) or
(B) of section 4511.19 of the Revised Code or a
municipal OVI
ordinance that was completed and sent to the
registrar and a court
pursuant
to
section
4511.192 of the Revised Code in regard to a
person
whose test
results indicate that the person's
whole blood,
blood
serum or
plasma, breath, or urine
contained
at least the
concentration
of
alcohol
specified in
division (A)(2), (3),
(4),
or (5) of section 4511.19 of the
Revised Code, the registrar
shall
enter into the registrar's
records the fact that the
person's
driver's or
commercial
driver's
license or permit or
nonresident
operating privilege was
suspended
by the arresting
officer under
this
division
and section
4511.192 of the Revised Code and the
period of the
suspension, as
determined
under divisions (F)(1) to
(4) of this
section. The
suspension
shall be subject to appeal as
provided in
section
4511.197 of the Revised Code. The
suspension
described in
this division does not apply to, and shall
not be
imposed upon, a
person arrested for a violation of section
4511.194
of the Revised
Code who submits to a designated chemical
test.
The
suspension
shall
be for whichever of the following
periods
applies:
(a) Except when division
(C)(1)(b),
(c), or (d) of this
section
applies and specifies a different
period, the
suspension
shall be
a class E suspension imposed for the
period of time
specified in division (B)(5) of section 4510.02 of
the Revised
Code.
(b) The
suspension
shall be
a class C suspension for the
period of time
specified in division
(B)(3) of section 4510.02 of
the Revised Code if
the person has
been convicted
of or pleaded
guilty to, within six years of
the
date the test
was conducted,
one violation of
division (A) or (B) of section 4511.19 of the
Revised
Code or one other equivalent
offense.
(c) If, within six years of
the date the test was
conducted,
the person has been convicted
of or pleaded guilty to
two
violations of a statute
or ordinance
described in division
(C)(1)(b) of this section,
the
suspension
shall be
a class B
suspension imposed for the period of time specified in division
(B)(2) of section 4510.02 of the Revised Code.
(d) If, within six years of
the date the test was
conducted,
the person has been convicted
of or pleaded guilty to
more than
two violations of a
statute or
ordinance described in
division
(C)(1)(b) of this
section,
the
suspension
shall be
a
class A
suspension imposed for the period of time specified in
division
(B)(1) of section 4510.02 of the Revised Code.
(2) The registrar shall terminate a suspension of the
driver's or
commercial driver's license
or permit of a resident or
of the
operating privilege of a nonresident,
or a denial of a
driver's or
commercial driver's license or permit, imposed
pursuant to
division (C)(1) of this section
upon receipt of notice
that the
person has entered a plea of guilty to, or has
been
convicted of,
operating
a vehicle in violation of section 4511.19
of the Revised
Code or
in violation of a municipal OVI ordinance,
if the
offense
for which the conviction is had or the plea is
entered arose from
the same incident that led to the suspension or
denial.
The registrar shall credit against any judicial suspension of
a
person's driver's or commercial driver's license or permit or
nonresident operating privilege imposed pursuant to section
4511.19 of the Revised Code, or
pursuant to section 4510.07 of the
Revised Code for a violation of a municipal OVI
ordinance, any
time during which the person serves a related
suspension imposed
pursuant to division (C)(1) of this section.
(D)(1) A suspension of a person's driver's or commercial
driver's license or permit or nonresident operating privilege
under
this section for the
time
described in division
(B) or
(C)
of this section is
effective
immediately from the time at which
the arresting officer
serves
the notice of suspension upon the
arrested person. Any
subsequent finding that the person is not
guilty of the charge
that resulted in the person being requested
to take
the chemical test or tests under division (A) of
this
section
does not affect the suspension.
(2) If a person is arrested for operating a vehicle,
streetcar, or trackless trolley in violation of division (A) or
(B) of section 4511.19 of the Revised Code or a municipal OVI
ordinance, or for being in physical control of a
vehicle,
streetcar, or trackless trolley in violation of section
4511.194
of the
Revised Code,
regardless of whether the person's
driver's
or
commercial
driver's license or permit or nonresident
operating
privilege is
or is not suspended under division
(B)
or
(C)
of this
section
or Chapter 4510. of the Revised Code,
the person's
initial
appearance on the charge resulting from the
arrest shall
be held
within five days of the person's arrest or
the issuance of
the
citation to the person, subject to any
continuance
granted by
the
court pursuant to
section
4511.197 of
the Revised Code
regarding
the issues
specified in that division.
(E) When it finally has been determined under the
procedures
of this section
and sections 4511.192 through 4511.197
of the
Revised Code that a nonresident's privilege to
operate a
vehicle
within this state has been suspended, the
registrar shall
give
information in writing of the action taken
to the motor
vehicle
administrator of the state of the person's
residence and
of any
state in which the person has a license.
(F) At the end of a suspension period under this section,
under section 4511.194,
section 4511.196, or division
(G) of
section
4511.19 of the
Revised Code, or under section
4510.07 of
the
Revised Code for a violation of a municipal OVI
ordinance and
upon
the request of the person whose driver's or
commercial
driver's
license or permit was suspended and who is
not
otherwise
subject
to suspension,
cancellation, or
disqualification, the
registrar shall return the driver's or
commercial driver's license
or permit to the person upon the
occurrence of all of the
conditions
specified in divisions
(F)(1) and (2)
of this section:
(1) A showing
that the person has proof of
financial
responsibility, a policy of liability insurance in
effect that
meets the minimum standards set forth in section
4509.51 of the
Revised Code, or proof, to the satisfaction of the
registrar,
that
the person is able to respond in damages in an
amount at
least
equal to the minimum amounts specified in section
4509.51
of the
Revised Code.
(2) Subject to the limitation contained in division
(F)(3)
of this section, payment by the person
to the bureau of
motor
vehicles of a license
reinstatement fee
of four hundred
twenty-five dollars,
which fee
shall be deposited in the state
treasury and credited
as follows:
(a) One hundred twelve dollars and fifty
cents shall be
credited to the statewide
treatment and prevention fund created by
section 4301.30 of the Revised Code.
The fund shall be
used to
pay the costs of driver treatment and
intervention programs
operated pursuant to sections 3793.02 and
3793.10 of the Revised
Code. The director of alcohol and drug
addiction services shall
determine the share of the fund that is
to be allocated to alcohol
and drug addiction programs authorized
by section 3793.02 of the
Revised Code, and the share of the fund
that is to be allocated to
drivers' intervention programs
authorized by section 3793.10 of
the Revised Code.
(b) Seventy-five dollars shall be credited to the
reparations
fund created by section 2743.191 of the Revised Code.
(c) Thirty-seven dollars and fifty cents
shall be credited
to the indigent
drivers alcohol treatment fund, which is hereby
established. Except as
otherwise provided in division
(F)(2)(c)
of this section, moneys in the fund shall be
distributed by the
department of alcohol and drug addiction
services to the county
indigent drivers alcohol
treatment funds,
the county juvenile
indigent drivers alcohol treatment funds,
and
the municipal
indigent drivers alcohol treatment funds that are
required to be
established by counties and municipal corporations
pursuant
to
this section, and shall be used only
to pay
the cost of an alcohol
and drug addiction treatment program
attended by an offender or
juvenile traffic offender who is
ordered to attend an alcohol and
drug addiction treatment program
by a county, juvenile, or
municipal court judge and who is
determined by the county,
juvenile, or municipal court judge not
to have the means to pay
for
the person's attendance at the
program or to pay the costs
specified in division
(H)(4) of
this section in accordance with
that
division. Moneys in the fund
that are not
distributed to a
county indigent drivers alcohol
treatment fund,
a county juvenile
indigent drivers alcohol
treatment fund, or a
municipal indigent
drivers alcohol treatment
fund under division
(H) of this section
because the director of
alcohol and drug addiction
services does
not have the information
necessary to identify the county or
municipal corporation where
the offender or juvenile offender was
arrested may
be transferred
by the director of budget and
management to the
statewide
treatment and prevention
fund created
by section
4301.30 of the
Revised Code, upon certification of the
amount by the director
of
alcohol and drug
addiction services.
(d) Seventy-five dollars shall be credited to the Ohio
rehabilitation services commission established by section 3304.12
of the Revised Code, to the services for rehabilitation fund,
which is hereby established. The fund shall be used to match
available federal matching funds where appropriate, and for any
other purpose or program of the commission to rehabilitate people
with disabilities to help them become employed and independent.
(e) Seventy-five Sixty dollars shall be deposited into the
state
treasury and credited to the drug abuse resistance education public transportation grant
programs fund, which is hereby established, to be used by the
attorney general for the purposes specified in division
(L)(4) of
this section department of transportation to match available federal public transportation funds and for the department's related operating expenses.
(f) Thirty dollars shall be credited to the state bureau of
motor
vehicles fund created by section 4501.25 of the Revised
Code.
(g) Twenty dollars shall be credited to the trauma and
emergency
medical services grants fund created by section 4513.263
of the
Revised Code.
(h) Fifteen dollars shall be credited to the public safety investigative unit fund, which is hereby established, to be used by the department of public safety investigative unit for the enforcement of the laws and rules described in division (B)(1) of section 5502.14 of the Revised Code.
(3) If a person's driver's or commercial driver's license or
permit is suspended under
this
section,
under section 4511.196 or
division
(G) of section
4511.19 of the Revised Code,
under
section 4510.07 of the Revised
Code for a violation of a municipal
OVI ordinance or
under any
combination of the
suspensions
described in division
(F)(3) of
this section, and if the
suspensions arise from a single incident
or a single set of facts
and
circumstances, the person is liable
for payment of, and shall
be required to
pay to the bureau, only
one reinstatement fee of
four hundred
twenty-five
dollars.
The
reinstatement fee shall be
distributed by the bureau in
accordance
with division
(F)(2) of
this section.
(4) The attorney general shall use amounts in the drug abuse
resistance education programs fund to award grants to law
enforcement agencies to establish and implement drug abuse
resistance education programs in public schools. Grants awarded
to a law enforcement agency under
this
section shall be used by
the agency to pay for not more than
fifty
per cent of the amount
of the salaries of law enforcement
officers
who conduct drug abuse
resistance education programs in
public
schools. The attorney
general shall not use more than six
per
cent of the amounts the
attorney general's office
receives under
division
(F)(2)(e) of
this section to pay the costs it incurs
in
administering the grant
program established by division
(F)(2)(e)
of this section and in
providing training and
materials relating
to drug abuse resistance
education programs.
The attorney general shall report to the governor and the
general assembly each fiscal year on the progress made in
establishing and implementing drug abuse resistance education
programs. These reports shall include an evaluation of the
effectiveness of these programs.
(G) Suspension of a commercial driver's license under
division
(B) or
(C) of this section shall be concurrent with
any
period of disqualification under section 3123.611 or
4506.16
of
the Revised Code or any period of suspension under section
3123.58
of the Revised Code. No person who is disqualified for
life from
holding a
commercial driver's license under section
4506.16 of the
Revised
Code shall be issued a driver's license
under Chapter
4507. of
the Revised Code during the period for
which the
commercial
driver's license was suspended under division
(B) or
(C) of this
section. No person whose
commercial driver's license
is
suspended under division
(B) or
(C) of this section shall be
issued a driver's license under
Chapter 4507. of the Revised Code
during the period
of
the suspension.
(H)(1) Each county shall establish an indigent drivers
alcohol treatment fund, each county shall establish a juvenile
indigent drivers alcohol treatment fund, and each municipal
corporation in which there is a municipal court shall establish
an
indigent drivers alcohol treatment fund. All revenue that the
general assembly appropriates to the indigent drivers alcohol
treatment fund for transfer to a county indigent drivers alcohol
treatment fund, a county juvenile indigent drivers alcohol
treatment fund, or a municipal indigent drivers alcohol treatment
fund, all portions of fees that are paid under division (L) of
this section and that are credited under that division to the
indigent drivers alcohol treatment fund in the state treasury for
a county indigent drivers alcohol treatment fund, a county
juvenile indigent drivers alcohol treatment fund, or a municipal
indigent drivers alcohol treatment fund, and all portions of
fines
that are specified for deposit into a county or municipal
indigent
drivers alcohol treatment fund by section 4511.193 of
the Revised
Code shall be deposited into that county indigent
drivers alcohol
treatment fund, county juvenile indigent drivers
alcohol treatment
fund, or municipal indigent drivers alcohol
treatment fund in
accordance with division
(H)(2) of this
section. Additionally,
all portions of fines that are paid for a
violation of section
4511.19 of the Revised Code or
of any prohibition contained in
Chapter 4510. of the Revised Code,
and that are
required under
section
4511.19 or
any
provision of Chapter 4510. of the Revised
Code to be
deposited
into a county indigent drivers alcohol
treatment fund
or municipal
indigent drivers alcohol treatment
fund shall be
deposited into
the appropriate fund in accordance
with the
applicable division.
(2) That portion of the license reinstatement fee that is
paid under division
(F) of this section and that is credited
under
that division to the indigent drivers alcohol treatment
fund
shall
be deposited into a county indigent drivers alcohol
treatment
fund, a county juvenile indigent drivers alcohol
treatment fund,
or a municipal indigent drivers alcohol treatment
fund as follows:
(a) If the suspension in question was imposed under this
section, that portion of the fee shall be deposited as follows:
(i) If the fee is paid by a person who was charged in a
county court with the violation that resulted in the suspension,
the portion shall be deposited into the county indigent drivers
alcohol treatment fund under the control of that court;
(ii) If the fee is paid by a person who was charged in a
juvenile court with the violation that resulted in the
suspension,
the portion shall be deposited into the county
juvenile indigent
drivers alcohol treatment fund established in
the county served by
the court;
(iii) If the fee is paid by a person who was charged in a
municipal court with the violation that resulted in the
suspension, the portion shall be deposited into the municipal
indigent drivers alcohol treatment fund under the control of that
court.
(b) If the suspension in question was imposed under
section
4511.19 of the Revised Code
or under
section 4510.07 of the
Revised Code for a violation of a municipal
OVI ordinance, that
portion
of the fee shall be deposited as
follows:
(i) If the fee is paid by a person whose license or permit
was suspended by a county court, the portion shall be deposited
into the county indigent drivers alcohol treatment fund under the
control of that court;
(ii) If the fee is paid by a person whose license or
permit
was suspended by a municipal court, the portion shall be
deposited
into the municipal indigent drivers alcohol treatment
fund under
the control of that court.
(3) Expenditures from a county indigent drivers alcohol
treatment fund, a county juvenile indigent drivers alcohol
treatment fund, or a municipal indigent drivers alcohol treatment
fund shall be made only upon the order of a county, juvenile, or
municipal court judge and only for payment of the cost of the
attendance at an alcohol and drug addiction treatment program of
a
person who is convicted of, or found to be a juvenile traffic
offender by reason of, a violation of division (A) of section
4511.19 of the Revised Code or a substantially similar municipal
ordinance, who is ordered by the court to attend the alcohol and
drug addiction treatment program, and who is determined by the
court to be unable to pay the cost of attendance at the
treatment
program or for payment of the costs specified in division
(H)(4)
of this section in accordance with that division. The
alcohol and
drug addiction services board or the board of alcohol,
drug
addiction, and
mental health services established pursuant to
section 340.02 or
340.021 of
the Revised Code and serving the
alcohol, drug addiction, and mental
health service district in
which the court is located shall
administer the indigent drivers
alcohol treatment program of the
court. When a court orders an
offender or juvenile traffic
offender to attend an alcohol and
drug addiction treatment
program, the board shall determine which
program is suitable to
meet the needs of the offender or juvenile
traffic offender, and
when a suitable program is located and space
is available at the
program, the offender or juvenile traffic
offender shall attend
the program designated by the board. A
reasonable amount not to
exceed five per cent of the amounts
credited to and deposited
into the county indigent drivers alcohol
treatment fund, the
county juvenile indigent drivers alcohol
treatment fund, or the
municipal indigent drivers alcohol
treatment fund serving every
court whose program is administered
by that board shall be paid
to the board to cover the costs it
incurs in administering those
indigent drivers alcohol treatment
programs.
(4) If a county, juvenile, or municipal court determines, in
consultation with the alcohol and drug addiction services board or
the board
of alcohol, drug addiction, and mental health services
established pursuant to
section 340.02 or 340.021 of the Revised
Code
and serving the alcohol, drug addiction, and
mental health
district in which the court is located, that
the funds in the
county indigent drivers alcohol treatment fund, the county
juvenile indigent drivers alcohol treatment fund, or the municipal
indigent
drivers alcohol treatment fund under the control of the
court are more than
sufficient to satisfy the purpose for which
the fund was established, as
specified in divisions
(H)(1) to
(3)
of this section, the
court may declare a surplus in the fund.
If
the court declares a surplus in
the fund, the court may expend
the
amount of the surplus in the fund for
alcohol and drug abuse
assessment and treatment of persons who are charged in
the court
with committing a criminal offense or with being a delinquent
child
or juvenile traffic offender and in relation to whom both of
the following
apply:
(a) The court determines that substance abuse was a
contributing factor leading to the criminal or delinquent activity
or the
juvenile traffic offense with which the person is charged.
(b) The court determines that the person is unable
to pay
the cost of the alcohol and drug abuse assessment and treatment
for
which the surplus money will be used.
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 versions of sections 4503.234, 4511.191, and 4511.75 of the Revised Code that are scheduled to take effect January 1, 2004, are hereby repealed.
Section 3.09. Sections 3.07 and 3.08 of this act take effect January 1, 2004.
Section 3.10. Section 4723.063 of the Revised Code is hereby repealed, effective December 31, 2013.
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 |
|
$ |
100,000 |
|
$ |
100,000 |
GRF |
100-405 |
|
Agency Audit Expenses |
|
$ |
350,000 |
|
$ |
350,000 |
GRF |
100-406 |
|
County
& University Human Resources Services |
|
$ |
400,000 |
|
$ |
400,000 |
GRF |
100-410 |
|
Veterans' Records Conversion |
|
$ |
19,729 |
|
$ |
47,123 |
GRF |
100-417 |
|
MARCS |
|
$ |
900,000 |
|
$ |
900,000 |
GRF |
100-418 |
|
Digital Government |
|
$ |
1,500,000 |
|
$ |
1,500,000 |
GRF |
100-419 |
|
Network Security |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
GRF |
100-421 |
|
OAKS Project Implementation |
|
$ |
450,000 |
|
$ |
450,000 |
GRF |
100-433 |
|
State of Ohio Computer Center |
|
$ |
3,500,000 |
|
$ |
3,500,000 |
GRF |
100-439 |
|
Equal Opportunity Certification Programs |
|
$ |
500,000 |
|
$ |
500,000 |
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 |
|
$ |
50,000 |
|
$ |
50,000 |
GRF |
100-734 |
|
Major Maintenance - State Bldgs |
|
$ |
45,000 |
|
$ |
45,000 |
GRF |
102-321 |
|
Construction Compliance |
|
$ |
1,250,000 |
|
$ |
1,250,000 |
GRF |
130-321 |
|
State Agency Support Services |
|
$ |
1,500,000 |
|
$ |
1,500,000 |
TOTAL GRF General Revenue Fund |
|
$ |
146,949,954 |
|
$ |
159,083,490 |
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 |
|
$ |
2,342,608,831 |
|
$ |
2,434,594,299 |
Section 8.01. AGENCY AUDIT EXPENSES
The foregoing appropriation item 100-405, Agency Audit
Expenses, 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 Administration Fund (Fund 5C2). The
cash transferred to the Multi-Agency Radio Communications Systems
Administration 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 8.10a. MULTI-AGENCY RADIO COMMUNICATIONS SYSTEM ADMINISTRATION FUND (FUND 5C2) TRANSFER TO THE GRF
On July 31, 2003, or as soon as possible thereafter, the Director of Budget and Management shall transfer $1,000,000 cash from the Multi-Agency Radio Communications System Administration Fund (Fund 5C2) to the General Revenue 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 8.22. ASSESSMENTS ON STATE AGENCIES, BOARDS, AND COMMISSIONS
For fiscal year 2004 and fiscal year 2005, the Director of Administrative Services shall not increase rates, charges, or fees for centralized services provided by the Department of Administrative Services and specified in Payroll Letter 824, effective July 17, 2002. This provision shall not apply to payroll deductions for employee health, vision, and dental benefits, employers' share of pension contributions, or amounts deducted for accrued leave or disability leave. Nor shall this provision apply to charges or deductions for programs operated by the Department of Administrative Services in accordance with any collective bargaining agreement.
The Director of Administrative Services shall not increase rates or charges assessed to state agencies, boards, and commissions for other centralized services provided by the General Services Division and in effect as of June 30, 2003. However, the rate charged for mail services may be adjusted to account for increases in federal postage rates.
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 |
|
$ |
1,908,867 |
|
$ |
1,908,867 |
GRF |
490-403 |
|
PASSPORT |
|
$ |
70,363,924 |
|
$ |
70,363,924 |
GRF |
490-405 |
|
Golden Buckeye Card |
|
$ |
267,628 |
|
$ |
267,628 |
GRF |
490-406 |
|
Senior Olympics |
|
$ |
16,636 |
|
$ |
16,636 |
GRF |
490-409 |
|
Ohio Community Service Council Operations |
|
$ |
228,048 |
|
$ |
228,048 |
GRF |
490-410 |
|
Long-Term Care Ombudsman |
|
$ |
729,685 |
|
$ |
729,685 |
GRF |
490-411 |
|
Senior Community Services |
|
$ |
10,971,431 |
|
$ |
10,971,431 |
GRF |
490-412 |
|
Residential State Supplement |
|
$ |
9,960,356 |
|
$ |
9,960,356 |
GRF |
490-414 |
|
Alzheimers Respite |
|
$ |
4,346,689 |
|
$ |
4,346,689 |
GRF |
490-416 |
|
Transportation for Elderly |
|
$ |
138,369 |
|
$ |
138,369 |
GRF |
490-506 |
|
Senior Volunteers |
|
$ |
375,471 |
|
$ |
375,471 |
TOTAL GRF General Revenue Fund |
|
$ |
99,307,104 |
|
$ |
99,307,104 |
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 |
|
$ |
451,190 |
|
$ |
451,190 |
4J4 |
490-610 |
|
PASSPORT/Residential State Supplement |
|
$ |
33,268,052 |
|
$ |
33,263,984 |
4U9 |
490-602 |
|
PASSPORT Fund |
|
$ |
5,000,000 |
|
$ |
5,000,000 |
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 |
|
$ |
38,971,742 |
|
$ |
38,967,674 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
353,169,912 |
|
$ |
358,224,822 |
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.
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 |
|
$ |
3,621,815 |
|
$ |
3,621,815 |
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 |
700-405 |
|
Animal Damage Control |
|
$ |
44,954 |
|
$ |
44,954 |
GRF |
700-406 |
|
Consumer Analytical Lab |
|
$ |
819,281 |
|
$ |
872,241 |
GRF |
700-407 |
|
Food Safety |
|
$ |
999,042 |
|
$ |
999,042 |
GRF |
700-409 |
|
Farmland Preservation |
|
$ |
256,993 |
|
$ |
256,993 |
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 |
|
$ |
381,091 |
|
$ |
381,091 |
TOTAL GRF General Revenue Fund |
|
$ |
20,092,138 |
|
$ |
20,236,685 |
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 |
|
$ |
2,243,232 |
|
$ |
2,243,232 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
10,418,650 |
|
$ |
10,584,540 |
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 |
|
$ |
40,457,251 |
|
$ |
40,978,167 |
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
GRF |
898-604 |
|
Coal Development Office |
|
$ |
588,041 |
|
$ |
599,802 |
GRF |
898-901 |
|
Coal R&D Gen Obligation Debt Service |
|
$ |
7,231,200 |
|
$ |
9,185,100 |
TOTAL GRF General Revenue Fund |
|
$ |
7,819,241 |
|
$ |
9,784,902 |
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 |
Coal Research/Development Fund
046 |
898-604 |
|
Coal Research & Dev Fund |
|
$ |
13,168,357 |
|
$ |
13,168,357 |
TOTAL 046 Coal Research & Dev Fund |
|
$ |
13,168,357 |
|
$ |
13,168,357 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
21,661,926 |
|
$ |
23,627,587 |
Section 13.01. COAL DEVELOPMENT OFFICE
The foregoing appropriation item GRF 898-402, Coal Development Office, shall be used for the administrative costs of the Coal Development Office.
Section 13.02. COAL RESEARCH AND DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE
The foregoing appropriation item GRF 898-901, Coal R&D Gen 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.
Section 13.03. SCIENCE AND TECHNOLOGY COLLABORATION
The Air Quality Development Authority shall work in close collaboration with the Department of Development, 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, Air Quality Development Authority, 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; 898-402, Coal Development Office; 195-422, Third Frontier Action Fund; 898-604, 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 14. ADA DEPARTMENT OF ALCOHOL AND DRUG ADDICTION SERVICES
GRF |
038-321 |
|
Operating Expenses |
|
$ |
1,200,293 |
|
$ |
1,200,293 |
GRF |
038-401 |
|
Treatment Services |
|
$ |
28,512,306 |
|
$ |
28,512,306 |
GRF |
038-404 |
|
Prevention Services |
|
$ |
1,055,033 |
|
$ |
1,055,033 |
TOTAL GRF General Revenue Fund |
|
$ |
30,767,632 |
|
$ |
30,767,632 |
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 |
|
$ |
159,952,388 |
|
$ |
160,471,112 |
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 |
|
$ |
450,000 |
|
$ |
450,000 |
GRF |
370-300 |
|
Equipment |
|
$ |
17,788 |
|
$ |
17,056 |
GRF |
370-502 |
|
Program Subsidies |
|
$ |
9,896,320 |
|
$ |
9,648,912 |
TOTAL GRF General Revenue Fund |
|
$ |
12,260,956 |
|
$ |
12,008,847 |
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 |
|
$ |
14,433,947 |
|
$ |
14,181,838 |
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 total amount transferred in fiscal year 2004 and fiscal year 2005 may not exceed the total biennial appropriation of $2,109,716 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 total amount transferred in fiscal year 2004 and in fiscal year 2005 may not exceed the total biennial appropriation of $2,109,716 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 |
|
$ |
53,885,937 |
|
$ |
53,885,937 |
GRF |
055-406 |
|
Community Police Match and Law Enforcement Assistance |
|
$ |
2,258,843 |
|
$ |
2,258,843 |
GRF |
055-408 |
|
Criminal Justice Information System |
|
$ |
534,570 |
|
$ |
520,503 |
GRF |
055-411 |
|
County Sheriffs |
|
$ |
574,168 |
|
$ |
574,168 |
GRF |
055-413 |
|
Violence Prevention Subsidy |
|
$ |
707,076 |
|
$ |
688,469 |
GRF |
055-414 |
|
Criminal Justice Services |
|
$ |
1,081,371 |
|
$ |
1,077,971 |
GRF |
055-415 |
|
County Prosecutors |
|
$ |
481,245 |
|
$ |
481,245 |
TOTAL GRF General Revenue Fund |
|
$ |
59,523,210 |
|
$ |
59,487,136 |
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 |
4P6 |
055-640 |
|
General Services |
|
$ |
135,450 |
|
$ |
86,500 |
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 |
|
$ |
33,833,940 |
|
$ |
33,784,990 |
Federal Special Revenue Fund Group
3E5 |
055-638 |
|
Anti-Drug Abuse |
|
$ |
1,923,400 |
|
$ |
1,981,102 |
3L5 |
055-644 |
|
Justice Programs |
|
$ |
30,334,908 |
|
$ |
30,311,870 |
3R6 |
055-613 |
|
Attorney General Federal Funds |
|
$ |
3,730,191 |
|
$ |
3,842,097 |
3U1 |
055-645 |
|
Criminal Justice Federal Programs |
|
$ |
1,000,000 |
|
$ |
0 |
3V8 |
055-646 |
|
Federal Program Purposes FFY 01 |
|
$ |
250,000 |
|
$ |
0 |
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 |
|
$ |
58,073,534 |
|
$ |
57,934,656 |
State Special Revenue Fund Group
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 |
|
$ |
42,219,498 |
|
$ |
42,219,498 |
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 |
|
$ |
194,890,782 |
|
$ |
194,666,880 |
The Attorney General's Bureau 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 055-XXX, Criminal Justice Information System, shall be used by the Attorney General's Bureau of Criminal Justice Services to work on a plan to improve Ohio's criminal justice information systems. The Superintendent of the Attorney General's Bureau 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.
CRIMINAL JUSTICE SERVICES OPERATING
Of the foregoing appropriation item 055-XXX, Criminal Justice Services Operating, up to $650,000 in each fiscal year shall be used for the purpose of matching federal funds.
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.
JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT
The foregoing appropriation item 055-XXX, Criminal Justice Federal Programs, shall be used to fund and close out the Juvenile Accountability Incentive Block Grant Program for federal fiscal year 1999.
TRANSFER OF THE OFFICE OF CRIMINAL JUSTICE SERVICES TO THE OFFICE OF THE ATTORNEY GENERAL
On July 1, 2003, by reason of the elimination of the Office of Criminal Justice Services by this act or by reason of this Section, the duties and responsibilities of the Office of Criminal Justice Services are transferred to the Office of the Attorney General's Bureau of Criminal Justice Services.
Any business relating to the Office of Criminal Justice Services commenced but not completed by the Office of Criminal Justice Services or its Director or staff prior to July 1, 2003, shall be completed by the Bureau of Criminal Justice Services or its Superintendent or staff in the same manner, and with the same effect, as if completed by the Office of Criminal Justice Services or its Director or staff.
No validation, cure, right, privilege, remedy, obligation, or liability is lost or impaired by reason of the elimination of the Office of Criminal Justice Services by this act or by reason of this section. All of the Office of Criminal Justice Services' rules, orders, and determinations continue in effect as rules, orders, and determinations of the Attorney General, until modified or rescinded by the Attorney General. If necessary to ensure the integrity of the numbering of the Administrative Code, the Director of the Legislative Service Commission shall renumber the Office of Criminal Justice Services' rules to reflect the assumption of the Office of Criminal Justice Services' duties and responsibilities by the Bureau of Criminal Justice Services.
Employees of the Office of Criminal Justice Services shall be transferred to the Office of the Attorney General. Subject to the lay-off provisions of sections 124.321 to 124.328 of the Revised Code, those employees of the Office of Criminal Justice Services so transferred to the Office of the Attorney General retain their positions and all of the benefits accruing thereto.
No action or proceeding pending on July 1, 2003, that involves Office of Criminal Justice Services is affected by the elimination of the Office of Criminal Justice Services by this act or by reason of this section, and any such action or proceeding pending on July 1, 2003, shall be prosecuted or defended in the name of the Office of the Attorney General. In all such actions and proceedings, the Office of the Attorney General upon application to the court shall be substituted as a party.
On or after the effective date of this section, notwithstanding any provision of law to the contrary, the Director of Budget and Management is authorized to take the action 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 Attorney General 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 Attorney General 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 the fiscal year in the appropriate fund and appropriation 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 the fiscal year in a different fund or appropriation 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 item. Any unencumbered or unallocated appropriation balances from the previous fiscal year may be transferred to the appropriate appropriation item to be used for the same purposes, as determined by the Director.
Section 21. AUD AUDITOR OF STATE
GRF |
070-321 |
|
Operating Expenses |
|
$ |
30,813,217 |
|
$ |
30,813,217 |
GRF |
070-403 |
|
Fiscal Watch/Emergency Technical Assistance |
|
$ |
200,180 |
|
$ |
200,180 |
GRF |
070-405 |
|
Electronic Data Processing - Auditing and Administration |
|
$ |
823,193 |
|
$ |
823,193 |
GRF |
070-406 |
|
Uniform Accounting Network/Technology Improvements Fund |
|
$ |
1,774,394 |
|
$ |
1,774,394 |
TOTAL GRF General Revenue Fund |
|
$ |
33,610,984 |
|
$ |
33,610,984 |
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 |
|
$ |
85,011,362 |
|
$ |
88,269,295 |
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 |
|
$ |
2,787,913 |
|
$ |
2,850,687 |
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 |
|
$ |
2,959,452 |
|
$ |
2,929,589 |
General Services Fund Group
105 |
042-603 |
|
State Accounting |
|
$ |
9,131,651 |
|
$ |
9,375,862 |
TOTAL GSF General Services Fund Group |
|
$ |
9,131,651 |
|
$ |
9,375,862 |
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 |
|
$ |
14,153,978 |
|
$ |
14,374,576 |
Of the forgoing appropriation item, 042-321, Budget Development and Implementation, $495,444 in fiscal year 2004 and $495,443 in fiscal year 2005 shall be used to support the duties described in the sections of this act entitled "State Services Review."
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 |
|
$ |
7,000,000 |
|
$ |
7,000,000 |
GRF |
876-200 |
|
Maintenance |
|
$ |
400,000 |
|
$ |
400,000 |
GRF |
876-300 |
|
Equipment |
|
$ |
91,298 |
|
$ |
91,298 |
TOTAL GRF General Revenue Fund |
|
$ |
7,491,298 |
|
$ |
7,491,298 |
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 |
|
$ |
11,477,249 |
|
$ |
11,302,249 |
Section 29. COM DEPARTMENT OF COMMERCE
GRF |
800-402 |
|
Grants-Volunteer Fire Departments |
|
$ |
647,953 |
|
$ |
647,953 |
GRF |
800-410 |
|
Labor and Worker Safety |
|
$ |
3,700,040 |
|
$ |
3,725,040 |
Total GRF General Revenue Fund |
|
$ |
4,347,993 |
|
$ |
4,372,993 |
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 |
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 |
|
$ |
98,040,204 |
|
$ |
99,214,897 |
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 |
|
$ |
498,963,399 |
|
$ |
522,649,596 |
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.
BANKS FUND (FUND 544) TRANSFER TO THE GRF
On July 31, 2003, or as soon as possible thereafter, the Director of Budget and Management shall transfer $2,000,000 cash from the Banks Fund (Fund 544) to the General Revenue Fund.
FIRE MARSHAL FUND (FUND 546) TRANSFER TO THE GRF
On July 31, 2003, or as soon as possible thereafter, the Director of Budget and Management shall transfer $10,000,000 cash from the Fire Marshal Fund (Fund 546) to the General Revenue Fund.
REAL ESTATE FUND (FUND 549) TRANSFER TO THE GRF
On July 31, 2003, or as soon as possible thereafter, the Director of Budget and Management shall transfer $1,000,000 cash from the Real Estate Fund (Fund 549) to the General Revenue Fund.
CONSUMER FINANCE FUND (FUND 553) TRANSFER TO THE GRF
On July 31, 2003, or as soon as possible thereafter, the Director of Budget and Management shall transfer $2,000,000 cash from the Consumer Finance Fund (Fund 553) to the General Revenue Fund.
INDUSTRIAL COMPLIANCE FUND (FUND 556) TRANSFER TO THE GRF
On July 31, 2003, or as soon as possible thereafter, the Director of Budget and Management shall transfer $1,000,000 cash from the Industrial Compliance Fund (Fund 556), to the General Revenue Fund.
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 |
|
$ |
9,277,519 |
|
$ |
9,277,519 |
TOTAL GSF General Services Fund Group |
|
$ |
9,277,519 |
|
$ |
9,277,519 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
9,277,519 |
|
$ |
9,277,519 |
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 |
|
$ |
2,452,000 |
|
$ |
2,477,000 |
TOTAL GRF General Revenue Fund |
|
$ |
2,452,000 |
|
$ |
2,477,000 |
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 |
|
$ |
3,984,043 |
|
$ |
4,059,684 |
OFFICE SPACE RENTAL EXPENSES
Of the foregoing appropriation item 015-321, Operating Expenses, in fiscal year 2005, upon approval of the Controlling Board, the Court of Claims may expend up to $302,000 for the purpose of paying fiscal year 2005 office space rental expenses.
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 |
|
$ |
16,334,934 |
|
$ |
16,334,934 |
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 |
195-412 |
|
Business Development Grants |
|
$ |
8,905,530 |
|
$ |
8,905,530 |
GRF |
195-414 |
|
First Frontier Match |
|
$ |
389,987 |
|
$ |
389,987 |
GRF |
195-415 |
|
Economic Development Division and Regional Offices |
|
$ |
5,594,975 |
|
$ |
5,594,975 |
GRF |
195-416 |
|
Governor's Office of Appalachia |
|
$ |
4,372,324 |
|
$ |
4,372,324 |
GRF |
195-417 |
|
Urban/Rural Initiative |
|
$ |
589,390 |
|
$ |
589,390 |
GRF |
195-422 |
|
Third Frontier Action Fund |
|
$ |
13,790,000 |
|
$ |
13,790,000 |
GRF |
195-426 |
|
Clean Ohio Administration |
|
$ |
518,730 |
|
$ |
518,730 |
GRF |
195-432 |
|
International Trade |
|
$ |
4,492,713 |
|
$ |
4,492,713 |
GRF |
195-434 |
|
Investment in Training Grants |
|
$ |
12,227,500 |
|
$ |
12,227,500 |
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 |
|
$ |
780,000 |
|
$ |
780,000 |
GRF |
195-905 |
|
Third Frontier Research & Commercialization General Obligation Debt Service |
|
$ |
0 |
|
$ |
7,360,000 |
TOTAL GRF General Revenue Fund |
|
$ |
81,239,764 |
|
$ |
88,981,795 |
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 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
687,255,639 |
|
$ |
694,891,248 |
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 38.04. 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, Air Quality Development Authority, 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; 898-402, Coal Development Office; 195-422, Third Frontier Action Fund; 898-632, 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; $40,000 in each fiscal year shall be used for the Cleveland Film Commission; $500,000 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. 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 38.13a. TRAINING SERVICES
Of the foregoing appropriation item 195-605, Federal Projects, $400,000 in each fiscal year shall be used for grants to the Ohio Weatherization Training Center, administered by the Corporation for Ohio Appalachian Development, for training and technical assistance services.
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.
Of the foregoing appropriation item 195-614, HEAP Weatherization, $200,000 in each fiscal year shall be used for grants to the Ohio Weatherization Training Center, administered by the Corporation for Ohio Appalachian Development, for training and technical assistance services.
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.
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.
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.
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 39a. CDR COMMISSION ON DISPUTE RESOLUTION AND CONFLICT MANAGEMENT
GRF |
145-401 |
|
Commission on Dispute Resolution/Management |
|
$ |
500,000 |
|
$ |
500,000 |
TOTAL GRF General Revenue Fund |
|
$ |
500,000 |
|
$ |
500,000 |
General Services Fund Group
4B6 |
145-601 |
|
Gifts and Grants |
|
$ |
140,000 |
|
$ |
150,000 |
TOTAL GSF General Services Fund Group |
|
$ |
140,000 |
|
$ |
150,000 |
Federal Special Revenue Fund Group
3S6 |
145-602 |
|
Dispute Resolution: Federal |
|
$ |
140,000 |
|
$ |
140,000 |
TOTAL FED Federal Special Revenue Fund Group |
|
$ |
140,000 |
|
$ |
140,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
780,000 |
|
$ |
790,000 |
COMMISSION ON DISPUTE RESOLUTION/MANAGEMENT
The foregoing appropriation item 145-401, Commission on Dispute Resolution/Management, shall be used in each fiscal year by the Commission on Dispute Resolution and Conflict Management for the purpose of providing dispute resolution and conflict management training, consultation, and materials for state and local government, communities, school districts, and courts.
Section 40. EDU DEPARTMENT OF EDUCATION
GRF |
200-100 |
|
Personal Services |
|
$ |
11,110,190 |
|
$ |
11,332,393 |
GRF |
200-320 |
|
Maintenance and Equipment |
|
$ |
5,066,249 |
|
$ |
5,066,249 |
GRF |
200-408 |
|
Public Preschool |
|
$ |
19,018,551 |
|
$ |
19,018,551 |
GRF |
200-410 |
|
Professional Development |
|
$ |
13,410,073 |
|
$ |
13,410,073 |
GRF |
200-411 |
|
Family and Children First |
|
$ |
3,324,750 |
|
$ |
3,324,750 |
GRF |
200-420 |
|
Technical Systems Development |
|
$ |
5,703,750 |
|
$ |
5,703,750 |
GRF |
200-421 |
|
Alternative Education Programs |
|
$ |
15,760,547 |
|
$ |
15,760,547 |
GRF |
200-422 |
|
School Management Assistance |
|
$ |
1,778,000 |
|
$ |
1,778,000 |
GRF |
200-424 |
|
Policy Analysis |
|
$ |
592,220 |
|
$ |
592,220 |
GRF |
200-425 |
|
Tech Prep Consortia Support |
|
$ |
2,133,213 |
|
$ |
2,133,213 |
GRF |
200-426 |
|
Ohio Educational Computer Network |
|
$ |
34,331,741 |
|
$ |
34,331,741 |
GRF |
200-427 |
|
Academic Standards |
|
$ |
9,000,592 |
|
$ |
9,000,592 |
GRF |
200-431 |
|
School Improvement Initiatives |
|
$ |
10,755,625 |
|
$ |
10,755,625 |
GRF |
200-433 |
|
Reading/Writing Improvement |
|
$ |
20,738,264 |
|
$ |
20,738,264 |
GRF |
200-437 |
|
Student Assessment |
|
$ |
40,853,391 |
|
$ |
40,853,391 |
GRF |
200-439 |
|
Accountability/Report Cards |
|
$ |
4,387,500 |
|
$ |
4,387,500 |
GRF |
200-441 |
|
American Sign Language |
|
$ |
207,717 |
|
$ |
207,717 |
GRF |
200-442 |
|
Child Care Licensing |
|
$ |
1,385,633 |
|
$ |
1,385,633 |
GRF |
200-445 |
|
OhioReads Admin/Volunteer Support |
|
$ |
4,500,000 |
|
$ |
4,500,000 |
GRF |
200-446 |
|
Education Management Information System |
|
$ |
16,146,469 |
|
$ |
16,146,469 |
GRF |
200-447 |
|
GED Testing/Adult High School |
|
$ |
1,829,106 |
|
$ |
1,829,106 |
GRF |
200-448 |
|
Educator Preparation |
|
$ |
24,375 |
|
$ |
24,375 |
GRF |
200-452 |
|
Teaching Success Commission Initiatives |
|
$ |
1,650,000 |
|
$ |
1,650,000 |
GRF |
200-455 |
|
Community Schools |
|
$ |
4,231,842 |
|
$ |
4,231,842 |
GRF |
200-500 |
|
School Finance Equity |
|
$ |
13,888,641 |
|
$ |
7,671,853 |
GRF |
200-501 |
|
Base Cost Funding |
|
$ |
4,130,934,681 |
|
$ |
4,202,084,029 |
GRF |
200-502 |
|
Pupil Transportation |
|
$ |
388,939,229 |
|
$ |
397,960,398 |
GRF |
200-503 |
|
Bus Purchase Allowance |
|
$ |
34,399,921 |
|
$ |
34,399,921 |
GRF |
200-505 |
|
School Lunch Match |
|
$ |
9,398,025 |
|
$ |
9,398,025 |
GRF |
200-509 |
|
Adult Literacy Education |
|
$ |
8,774,250 |
|
$ |
8,774,250 |
GRF |
200-511 |
|
Auxiliary Services |
|
$ |
127,903,356 |
|
$ |
127,903,356 |
GRF |
200-513 |
|
Student Intervention Services |
|
$ |
35,040,815 |
|
$ |
35,040,815 |
GRF |
200-520 |
|
Disadvantaged Pupil Impact Aid |
|
$ |
367,266,738 |
|
$ |
367,266,738 |
GRF |
200-521 |
|
Gifted Pupil Program |
|
$ |
48,201,031 |
|
$ |
48,201,031 |
GRF |
200-525 |
|
Parity Aid |
|
$ |
327,289,958 |
|
$ |
435,096,124 |
GRF |
200-532 |
|
Nonpublic Administrative Cost Reimbursement |
|
$ |
55,803,103 |
|
$ |
55,803,103 |
GRF |
200-540 |
|
Special Education Enhancements |
|
$ |
135,614,484 |
|
$ |
137,936,046 |
GRF |
200-545 |
|
Career-Technical Education Enhancements |
|
$ |
12,260,407 |
|
$ |
12,260,407 |
GRF |
200-546 |
|
Charge-Off Supplement |
|
$ |
45,888,802 |
|
$ |
45,888,802 |
GRF |
200-558 |
|
Emergency Loan Interest Subsidy |
|
$ |
3,022,500 |
|
$ |
3,022,500 |
GRF |
200-566 |
|
OhioReads Grants |
|
$ |
15,000,000 |
|
$ |
15,000,000 |
GRF |
200-578 |
|
Safe and Supportive Schools |
|
$ |
3,576,348 |
|
$ |
3,576,348 |
GRF |
200-901 |
|
Property Tax Allocation - Education |
|
$ |
783,350,000 |
|
$ |
799,260,000 |
GRF |
200-906 |
|
Tangible Tax Exemption - Education |
|
$ |
77,810,000 |
|
$ |
82,010,000 |
TOTAL GRF General Revenue Fund |
|
$ |
6,852,302,087 |
|
$ |
7,056,715,747 |
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 |
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 |
|
$ |
1,320,564,193 |
|
$ |
1,414,191,626 |
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 |
|
$ |
9,081,080,445 |
|
$ |
9,382,112,888 |
Section 40.01. PERSONAL SERVICES
Of the foregoing appropriation item 200-100, Personal Services, $1,630,181 in each fiscal year 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 each fiscal year for
State Board of Education out-of-state travel.
Of the foregoing appropriation item 200-320, Maintenance and Equipment, $692,014 in each fiscal year 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 each fiscal year, 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 each fiscal year 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, $5,779,625 in each fiscal year shall be used by the Department of Education to provide grants to recognize and reward
teachers who became certified
by the National Board for Professional Teaching Standards pursuant to section 3319.55 of the
Revised Code prior to January 1, 2003.
Of the foregoing appropriation item 200-410, Professional
Development, up to
$7,442,358 in each fiscal year shall be allocated for entry year
programs.
These funds shall be used for performance assessments of beginning teachers in school districts designated as academic watch or academic emergency under section 3302.03 of the Revised Code.
Of the foregoing appropriation item 200-410, Professional Development, up to $188,090 in each fiscal year shall be used to provide grants for districts to develop local knowledge/skills-based compensation systems. Each district receiving grants shall issue an annual report to the Department of Education detailing the use of the funds and the impact of the system developed by the district.
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 each fiscal year
shall be used
for the renewal of successful implementation grants
and for
competitive matching grants to the 21 urban school
districts as
defined in division (O) of section 3317.02 of the
Revised Code as
it
existed prior to July 1, 1998, and not less
than $7,863,047 in each fiscal
year shall be used for the renewal
of successful implementation of
grants and for competitive
matching grants to rural and suburban
school districts for
alternative educational programs for existing
and new
at-risk and
delinquent youth. Programs shall be focused
on youth in one or
more of the following categories: those who
have been expelled or
suspended,
those who have dropped out of
school or who are at risk
of dropping out of
school, those who are
habitually truant or
disruptive, or those on probation
or on
parole from a Department
of Youth Services
facility. Grants shall
be awarded according to
the criteria established by the
Alternative Education Advisory
Council in 1999. Grants shall
be
awarded only to programs where
the grant would not serve as the
program's
primary source of
funding. These grants shall be
administered by the
Department of
Education.
The Department of Education may waive
compliance with any
minimum education standard established under section
3301.07 of
the Revised Code for any alternative school that
receives a grant
under this section on
the grounds that the waiver will enable the
program to more effectively
educate students enrolled in the
alternative school.
SCHOOL MANAGEMENT ASSISTANCE
Of the foregoing appropriation item 200-422, School
Management Assistance, $351,000 in each fiscal year 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 each fiscal year shall be used by the Department of
Education to support connection of
all public school buildings to
the state's education network, to each other, and to the Internet.
In each fiscal year the Department of Education shall use these
funds to 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 each fiscal year shall be used for the Union Catalog
and InfOhio Network.
The Department of Education shall use $3,412,500 in each
fiscal year 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
divide the $3,412,500 by the number of eligible chartered nonpublic schools that meet the OneNet Planning Commission's connectivity standard of a minimum of 1.5 Mb/s (T-1) connection. This calculation shall be made in the fall of every school year and the funds shall be distributed to designated data acquisition sites no later than the first day of November of every school year that the General Assembly appropriates funds for the program.
The remainder 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 each fiscal year to coordinate the activities of the computer
network with other agencies funded by the department or the state.
In order to improve the efficiency of network activities, the
department and data acquisition sites may jointly purchase
equipment, materials, and services from funds provided under this
appropriation for use by the network and, when considered
practical by the department, may utilize the services of
appropriate state purchasing agencies.
Of the foregoing appropriation item 200-427, Academic Standards, up to $731,250 in each fiscal year 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
communicate to school districts academic content standards and curriculum models. The Department of Education shall communicate these standards and curricula to school districts through Internet website postings and electronic mail.
Section 40.05. SCHOOL IMPROVEMENT INITIATIVES
Of the foregoing appropriation item 200-431, School
Improvement Initiatives,
$10,505,625 in each fiscal year 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 $250,000 in each fiscal year shall be used to reduce the dropout rate by addressing the academic and social problems of inner-city students through Project GRAD.
READING/WRITING IMPROVEMENT
Of the foregoing appropriation item 200-433, Reading/Writing
Improvement, up to $12,675,000 in each fiscal year shall be used
for professional development in literacy for classroom teachers,
administrators, and literacy specialists.
Of the foregoing appropriation item 200-433, Reading/Writing Improvement, $500,000 in fiscal year 2004 shall be used to continue the Waterford Early Reading Program.
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 each fiscal year 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.
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 each fiscal year
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 each fiscal year 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 each fiscal year. 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 each fiscal
year. 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.
The foregoing appropriation item 200-448, Educator Preparation, 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.
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 $1,308,661 in each fiscal year may be used by the Department of Education for additional
services and responsibilities under section 3314.11 of the Revised
Code.
Of the foregoing appropriation item 200-455, Community Schools, up to $250,000 in each fiscal year may be used by the Department of Education for developing and conducting training sessions for sponsors and prospective sponsors of community schools as prescribed in division (A)(1) of section 3314.015 of the Revised Code. In developing such training sessions, the Department shall collect and disseminate examples of best practices used by sponsors of independent charter schools in Ohio and other states.
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 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 each fiscal year 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 each fiscal year for
court payments pursuant to section 2151.357 of the
Revised Code; an amount shall be available
in each fiscal year to fund up to
225 full-time
equivalent approved GRADS teacher grants pursuant to
division (R)
of section 3317.024 of the Revised Code; an amount shall be
available in each fiscal year 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 each fiscal year to
make payments to school districts pursuant to division (F) of
section 3317.022 of the Revised Code; an amount shall be available
in each fiscal year to make payments to school districts pursuant
to division (C) of section 3317.0212 of the Revised Code; and up
to $15,000,000 in
each fiscal year 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 each fiscal year 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 each fiscal year shall
be reserved for Youth Services tuition payments
pursuant to
section 3317.024 of the Revised Code; and
up to $52,000,000 in
each fiscal year shall be
reserved to fund the state reimbursement
of educational service centers
pursuant to section 3317.11 of the
Revised Code. Up to $342,000,000 in fiscal year 2004 and up to $347,000,000 in fiscal year 2005 shall be available 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 $10,000,000 in fiscal year 2004 and up to $15,000,000 in fiscal year 2005 shall be used by the Department of Education for the Enhanced Urban Attendance Improvement Initiative in Big Eight districts as defined in section 3314.02 of the Revised Code. Funds shall be distributed pursuant to the section of this act entitled "THE ENHANCED URBAN ATTENDANCE IMPROVEMENT INITIATIVE."
Of the foregoing appropriation item 200-501, Base Cost Funding, an amount shall be available in each fiscal year to be used by the Department of Education for transitional aid for school districts. Funds shall be distributed pursuant to the section of this act entitled "TRANSITIONAL AID FOR FISCAL YEAR 2004 AND FISCAL YEAR 2005."
Of the foregoing appropriation item 200-501, Base Cost
Funding, up
to $1,000,000 in each fiscal year shall be
used by the
Department of Education for a pilot program to pay
for educational
services for youth who have been assigned by a
juvenile court or
other authorized agency to any of the facilities described
in
division (A) of the section titled
"Private Treatment Facility
Pilot
Project."
The remaining portion of appropriation item 200-501, Base
Cost Funding, shall be
expended for the public
schools of city,
local, exempted village,
and joint vocational school districts,
including base cost
funding,
special education
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 each fiscal year 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 each fiscal year 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 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 each fiscal
year 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 each fiscal year 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 each fiscal year 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.
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 (DPIA) funding in fiscal year 2004 over what was received in fiscal year 2003 unless the district receives DPIA funding from the DPIA guarantee provision pursuant to division (B) of section 3317.029 of the Revised Code. For such a district, its DPIA funding in fiscal year 2004 shall equal the amount of DPIA funding the district received in fiscal year 2003.
Notwithstanding the distribution formula outlined in section 3317.029 of the Revised Code, each school district shall receive an additional two per cent in DPIA funding in fiscal year 2005 over what was received in fiscal year 2004 unless the district receives DPIA funding from the DPIA guarantee provision pursuant to division (B) of section 3317.029 of the Revised Code. For such a district, its DPIA funding in fiscal year 2005 shall equal the amount of DPIA funding the district received in fiscal year 2004.
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 each fiscal year 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 or fiscal year 2005.
Of the foregoing appropriation item 200-520, Disadvantaged
Pupil Impact Aid,
up to
$3,300,000 in each fiscal year
shall be used for school breakfast
programs. Of this amount, up to
$500,000
shall be used in each fiscal
year 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 each fiscal year 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.
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
each fiscal year 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 each in fiscal year 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 each fiscal
year for the Summer Honors Institute for
gifted freshman and
sophomore high school students. Up to $600,000 in
each fiscal
year shall be used for research and demonstration projects. The
Department of Education shall research and evaluate the
effectiveness of gifted education programs in Ohio. Up to
$70,000
in each fiscal year 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 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 $44,204,000 in
fiscal year 2004 and up to $45,441,712 in fiscal year 2005 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 each fiscal year to fund special education
classroom and related services
units at
institutions.
Of the foregoing appropriation item 200-540, Special
Education Enhancements, up to
$2,906,875 in each fiscal year
shall be used for home
instruction
for
children with disabilities; up to
$1,462,500 in each fiscal year
shall be used for parent mentoring programs;
and up
to
$2,783,396
in each fiscal year may be
used
for school psychology interns.
Of the foregoing appropriation item 200-540, Special
Education Enhancements, $3,406,090 in each fiscal year 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 each fiscal year shall be
distributed by
the
Department of Education to
county boards of
mental retardation and
developmental
disabilities, educational
service centers, and
school districts for preschool
special
education units and
preschool supervisory units in accordance with
section 3317.161 of
the Revised Code. The department
may
reimburse county boards of
mental retardation and developmental
disabilities, educational
service centers, and school districts
for related
services as
defined in rule 3301-31-05 of the
Administrative Code, for
preschool
occupational and physical
therapy services provided by a
physical
therapy assistant and
certified occupational therapy
assistant,
and for an instructional
assistant. To the greatest
extent possible, the
Department of
Education shall allocate these
units to school
districts and
educational service centers. The
Controlling
Board may approve
the transfer of unallocated funds
from
appropriation item 200-501,
Base Cost Funding, to
appropriation item 200-540, Special
Education Enhancements, to
fully fund existing units as
necessary
or to fully fund additional
units. The Controlling
Board may
approve the transfer of
unallocated funds from
appropriation item
200-540,
Special
Education Enhancements, to appropriation
item
200-501, Base Cost
Funding,
to fully fund the special education
weight cost funding.
The Department of Education shall require school districts,
educational service centers, and county MR/DD boards serving
preschool children with disabilities to document child progress
using research-based indicators prescribed by the Department and report
results annually. The reporting dates and methodology shall be
determined by the Department.
Section 40.14. CAREER-TECHNICAL EDUCATION ENHANCEMENTS
Of the foregoing appropriation item 200-545, Career-Technical
Education Enhancements, up to
$2,576,107 in each fiscal year shall
be used to fund career-technical
education units at
institutions.
Of the foregoing appropriation item 200-545, Career-Technical
Education
Enhancements, up to $2,925,000 in each fiscal year 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
each fiscal year 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 $2,400,000 in each fiscal year 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, $2,400,000 in each fiscal year shall be used for K-12 career
development.
Of the foregoing appropriation item 200-545, Career-Technical Education Enhancements, up to $496,800 in each fiscal year shall be allocated for the Ohio Career Information System (OCIS) and used for the dissemination of career information data to public schools, libraries, rehabilitation centers, two- and four-year colleges and universities, and other governmental units.
Section 40.15. CHARGE-OFF SUPPLEMENT
The foregoing appropriation item 200-546, Charge-Off
Supplement, shall be used by the Department of Education to make
payments pursuant to section 3317.0216
of the Revised Code.
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 each fiscal year shall be used to fund a safe school center to provide resources for parents and for school and law enforcement personnel.
Of the foregoing appropriation item 200-578, Safe and Supportive Schools, up to $20,000 in each fiscal year may be used by schools for the Eddie Eagle Gun Safety Pilot Program. School districts wishing to participate in the pilot program shall apply to the Department of Education under guidelines established by the Superintendent of Public Instruction.
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. HEAD START PLUS/HEAD START
The foregoing appropriation item 200-663, Head Start Plus/Head Start, shall be used to reimburse Head Start Plus/Head Start programs for services to children. The Department of Education shall administer the Head Start Plus/Head Start programs in accordance with an interagency agreement between the Departments of Education and Job and Family Services. Head Start Plus/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 Head Start Plus/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 Head Start Plus initiative. 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 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 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 Head Start Plus/Head Start agencies and contract compliance. The Department of Education shall require Head Start Plus/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, Head Start Plus/Head Start providers, and other interested parties regarding the Head Start Plus/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 either fiscal year for
any pupils of a city or exempted
village school district unless an agreement
to provide services
under section 3313.843 of the Revised Code was entered
into by
January 1, 1997, except that funds shall be provided to an
educational
service center for any pupils of a city school
district if the agreement to
provide services was entered into
within one year of the date upon which such
district changed from
a local school district to a city school district. If
insufficient funds are appropriated in fiscal year 2004 or fiscal year 2005 for the
purposes of
division (B) of section 3317.11 of
the Revised Code,
the Department shall
first distribute to each
educational service
center $37 per pupil in its
service center
ADM, as defined in that
section. The remaining funds in each fiscal year shall be
distributed proportionally, on a per-student
basis, to each educational service center for its client ADM, as
defined in that section, that is
attributable to each city and
exempted village school district
that had
entered into an
agreement with an educational service
center for that fiscal
year
under section 3313.843 of the Revised
Code by January 1, 1997.
Section 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 or fiscal year 2005 or both, the
Department pays through appropriation item 470-401,
Care and
Custody;
(c) Paint Creek, in Bainbridge;
(e) Friars Club, in Cincinnati.
(2)
"Education program" means an elementary or secondary
education program or a special education program and related
services.
(3)
"Served child" means any child receiving an education
program pursuant to division (B) of this section.
(4)
"School district responsible for tuition" means a city,
exempted village, or local school district that, if tuition
payment for a child by a school district is required under law
that existed
in fiscal year 1998,
is the school district required
to pay that tuition.
(5)
"Residential child" means a child who resides in a
participating residential treatment center and who is receiving
an
educational program under division (B) of this section.
(B) A youth who is a resident of the state and
has been
assigned by a juvenile court or other authorized agency
to a
residential treatment facility specified in division (A)
of this
section shall be enrolled in an approved educational program
located
in
or near the facility. Approval of the educational
program shall
be contingent upon compliance with the criteria
established for
such programs by the Department of Education.
The
educational program shall be provided by a
school district or
educational service center, or by the
residential facility itself.
Maximum flexibility shall be given
to the residential treatment
facility to determine the
provider. In the event that a voluntary
agreement cannot be reached and
the residential facility does not
choose to provide the
educational program, the educational service
center in the
county in which the facility is located shall
provide the
educational program at the treatment center to
children under twenty-two years of age residing in the
treatment
center.
(C) Any school district responsible
for tuition for a
residential child shall, notwithstanding any
conflicting provision
of the Revised Code regarding tuition
payment, pay tuition for the
child for fiscal year 2004 and fiscal year 2005 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
and fiscal year 2005 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
or average daily attendance certified under division (A) of section
3317.03 or section 3317.034 of the Revised Code.
(D) In each of fiscal years 2004 and 2005, 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 and in fiscal year 2005.
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 and fiscal year 2005 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 46.5% and for fiscal year 2005 is 48.6%. This determination
fulfills the General Assembly's obligation under that division for
fiscal year 2004 and fiscal year 2005.
Section 40.31. DEPARTMENT OF EDUCATION APPROPRIATION TRANSFERS
FOR STUDENT ASSESSMENT
In fiscal year 2004 and fiscal year 2005, 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 40.32. THE ENHANCED URBAN ATTENDANCE IMPROVEMENT INITIATIVE
The earmarked funds within appropriation item 200-501, Base Cost Funding, for the Enhanced Urban Attendance Improvement Initiative in Big Eight districts shall be distributed to each Big Eight school district in fiscal years 2004 and 2005 in accordance with the following formula:
(District attendance rate in the current fiscal year – district attendance rate in fiscal year 2003) X district average daily attendance in fiscal year 2003 X the formula amount X the state funding percentage
(A) The district attendance rate in the current fiscal year equals the quotient of the total attendance days for the current fiscal year divided by the sum of total attendance days plus the total excused and unexcused absence days for the current fiscal year, as calculated by the Department of Education based on average daily attendance data reported under section 3317.034 of the Revised Code and other data reported under section 3301.0714 of the Revised Code.
(B) The district attendance rate in fiscal year 2003 equals the quotient of the total attendance days for that fiscal year divided by the sum of total attendance days plus the total excused and unexcused absence days for that fiscal year, as calculated by the Department of Education using data comparable to the data described in division (A) of this section.
(C) The average daily attendance for fiscal year 2003 is calculated by the Department in a manner comparable to the calculation of average daily attendance under section 3317.034 of the Revised Code.
(D) "Formula amount" has the same meaning as in section 3317.02 of the Revised Code.
(E) The state funding percentage equals 50%, unless in either fiscal year the amount calculated under this section exceeds the amount of the funds earmarked for this initiative, in which case the Department shall adjust the state funding percentage so that the aggregate funding distributed under this section shall not exceed the amount earmarked for this initiative.
If the result of this calculation is less than zero for any Big Eight school district, the district's payment under this section is zero.
Section 40.33. TRANSITIONAL AID FOR FISCAL YEAR 2004 AND FISCAL YEAR 2005
The Department of Education shall distribute earmarked funds within appropriation item 200-501, Base Cost Funding, for the transitional aid for fiscal year 2004 and fiscal year 2005 to each city, local, and exempted village school district that experiences a decrease in its SF-3 funding plus charge-off supplement for the current fiscal year in excess of five per cent of its SF-3 funding plus charge-off supplement for the previous fiscal year. The Department shall distribute to each such district an amount to reduce the decrease to five per cent of the district's SF-3 funding plus charge-off supplement for the previous fiscal year. For this purpose, "SF-3 funding plus charge-off supplement" equals the sum of the following:
(A) Base cost funding under division (A) of section 3317.022 of the Revised Code;
(B) Special education and related services additional weighted funding under division (C)(1) of section 3317.022 of the Revised Code;
(C) Speech services funding under division (C)(4) of section 3317.022 of the Revised Code;
(D) Vocational education additional weighted funding under division (E) of section 3317.022 of the Revised Code;
(E) GRADS funding under division (R) of section 3317.024 of the Revised Code;
(F) Adjustments for classroom teachers and educational service personnel under divisions (B), (C), and (D) of section 3317.023 of the Revised Code;
(G) Disadvantaged Pupil Impact Aid under section 3317.029 of the Revised Code;
(H) Gifted education units under division (F) of section 3317.05 of the Revised Code;
(I) Equity aid under section 3317.0213 of the Revised Code;
(J) Transportation under division (D) of section 3317.022 of the Revised Code;
(K) The state aid guarantee under section 3317.0212 of the Revised Code;
(L) The excess cost supplement under division (F) of section 3317.022 of the Revised Code;
(M) Parity aid under section 3317.0217 of the Revised Code;
(N) The reappraisal guarantee under former division (C) of section 3317.04 of the Revised Code;
(O) The charge-off supplement under section 3317.0216 of the Revised Code.
In determining the distribution under this section in fiscal year 2005, the Department shall add to each district's SF-3 funding plus charge-off supplement for fiscal year 2004 any amount paid to the district under this section in fiscal year 2004.
Section 41. OEB OHIO EDUCATIONAL TELECOMMUNICATIONS
NETWORK
COMMISSION
GRF |
374-100 |
|
Personal Services |
|
$ |
1,300,000 |
|
$ |
1,300,000 |
GRF |
374-200 |
|
Maintenance |
|
$ |
800,000 |
|
$ |
800,000 |
GRF |
374-300 |
|
Equipment |
|
$ |
97,500 |
|
$ |
97,500 |
GRF |
374-401 |
|
Statehouse News Bureau |
|
$ |
185,508 |
|
$ |
185,508 |
GRF |
374-402 |
|
Ohio Government Telecommunications Studio |
|
$ |
688,289 |
|
$ |
688,289 |
GRF |
374-403 |
|
Ohio SONET |
|
$ |
2,000,000 |
|
$ |
2,000,000 |
GRF |
374-404 |
|
Telecommunications Operating Subsidy |
|
$ |
3,917,199 |
|
$ |
3,819,269 |
TOTAL GRF General Revenue Fund |
|
$ |
8,988,496 |
|
$ |
8,890,566 |
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 |
|
$ |
12,205,943 |
|
$ |
12,108,013 |
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 |
|
$ |
294,857 |
|
$ |
294,857 |
TOTAL GRF General Revenue Fund |
|
$ |
294,857 |
|
$ |
294,857 |
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 |
|
$ |
607,573 |
|
$ |
616,623 |
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 |
|
$ |
2,543,260 |
|
$ |
2,543,260 |
GRF |
721-321 |
|
Drinking Water |
|
$ |
2,713,032 |
|
$ |
2,713,032 |
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 |
|
$ |
21,112,683 |
|
$ |
21,061,000 |
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 |
|
$ |
13,578,411 |
|
$ |
13,578,411 |
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 |
|
$ |
99,256,329 |
|
$ |
101,061,547 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
173,464,574 |
|
$ |
175,355,774 |
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 |
|
$ |
1,257,016 |
|
$ |
1,283,016 |
TOTAL GRF General Revenue Fund |
|
$ |
1,257,016 |
|
$ |
1,283,016 |
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 |
|
$ |
1,666,559 |
|
$ |
1,666,559 |
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 |
|
$ |
493,818 |
|
$ |
493,818 |
GRF |
040-408 |
|
Office of Veterans' Affairs |
|
$ |
276,723 |
|
$ |
285,025 |
GRF |
040-503 |
|
Veterans' Organizations |
|
$ |
1,283,992 |
|
$ |
1,283,992 |
TOTAL GRF General Revenue Fund |
|
$ |
6,166,891 |
|
$ |
6,298,561 |
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 |
|
$ |
6,666,891 |
|
$ |
6,798,561 |
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.
The foregoing appropriation item 040-503, Veterans' Organizations, shall be used to provide subsidies to veterans' organizations to promote and provide assistance to veterans in Ohio. The Governor shall determine which veterans' organizations receive funding, as well as determining the amount of each subsidy for each fiscal year.
Of the foregoing appropriation item 040-403, Federal Relations, not more than $142,428 shall be used for dues to the National Governor's Conference in each fiscal year, and not more than $27,390 shall be used for dues to the Great Lakes Conference in each fiscal year.
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 |
|
$ |
2,690,101 |
GRF |
440-412 |
|
Cancer Incidence Surveillance System |
|
$ |
736,616 |
|
$ |
736,616 |
GRF |
440-413 |
|
Healthy Communities |
|
$ |
4,139,009 |
|
$ |
4,139,009 |
GRF |
440-416 |
|
Child and Family Health Services |
|
$ |
8,872,472 |
|
$ |
8,872,472 |
GRF |
440-418 |
|
Immunizations |
|
$ |
7,594,803 |
|
$ |
7,594,803 |
GRF |
440-419 |
|
Sexual Assault Prevention |
|
$ |
35,899 |
|
$ |
35,899 |
GRF |
440-444 |
|
AIDS Prevention and Treatment |
|
$ |
7,589,816 |
|
$ |
7,589,816 |
GRF |
440-446 |
|
Infectious Disease Prevention |
|
$ |
439,330 |
|
$ |
439,330 |
GRF |
440-451 |
|
Lab and Public Health Prevention Programs |
|
$ |
6,085,250 |
|
$ |
6,085,250 |
GRF |
440-452 |
|
Child and Family Health Services Match |
|
$ |
1,024,017 |
|
$ |
1,024,017 |
GRF |
440-453 |
|
Health Care Quality Assurance |
|
$ |
10,453,728 |
|
$ |
10,453,728 |
GRF |
440-454 |
|
Local Environmental Health |
|
$ |
1,047,654 |
|
$ |
1,047,654 |
GRF |
440-459 |
|
Help Me Grow |
|
$ |
9,861,089 |
|
$ |
9,861,089 |
GRF |
440-461 |
|
Center for Vital and Health Stats |
|
$ |
3,579,790 |
|
$ |
3,579,790 |
GRF |
440-504 |
|
Poison Control Network |
|
$ |
260,713 |
|
$ |
260,713 |
GRF |
440-505 |
|
Medically Handicapped Children |
|
$ |
5,832,257 |
|
$ |
5,985,738 |
GRF |
440-507 |
|
Targeted Health Care Services Over 21 |
|
$ |
731,023 |
|
$ |
731,023 |
GRF |
440-508 |
|
Migrant Health |
|
$ |
91,301 |
|
$ |
91,301 |
TOTAL GRF General Revenue Fund |
|
$ |
71,064,868 |
|
$ |
71,218,349 |
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 |
|
$ |
542,428,038 |
|
$ |
555,657,011 |
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.
Of the foregoing appropriation item 440-416, Child and Family Health Services, $500,000 in each fiscal year shall be used for abstinence-only education. The Director of Health shall develop guidelines for the establishment of abstinence programs for teenagers with the purpose of decreasing unplanned pregnancies and abortion. The guidelines shall be developed pursuant to Title V of the "Social Security Act," 42 U.S.C. 510, and shall include, but are not limited to, advertising campaigns and direct training in schools and other locations.
Of the foregoing appropriation item 440-416, Child and Family Health Services, $30,000 in each fiscal year shall be allocated to the Jewish Family Service of Cleveland, $10,000 in each fiscal year shall be allocated to the Jewish Family Service of Cincinnati, and $10,000 in each fiscal year shall be allocated to the Jewish Family Services of Columbus for interpreters for health care.
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 |
|
$ |
30,901 |
|
$ |
30,901 |
TOTAL GRF General Revenue Fund |
|
$ |
190,320 |
|
$ |
190,320 |
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 |
|
$ |
198,805 |
|
$ |
198,805 |
Section 54. OHS OHIO HISTORICAL SOCIETY
GRF |
360-501 |
|
Operating Subsidy |
|
$ |
3,389,973 |
|
$ |
3,389,973 |
GRF |
360-502 |
|
Site Operations |
|
$ |
6,210,438 |
|
$ |
6,210,438 |
GRF |
360-503 |
|
Ohio Bicentennial Commission |
|
$ |
1,847,239 |
|
$ |
58,164 |
GRF |
360-504 |
|
Ohio Preservation Office |
|
$ |
289,733 |
|
$ |
289,733 |
GRF |
360-505 |
|
Afro-American Museum |
|
$ |
778,231 |
|
$ |
778,231 |
GRF |
360-506 |
|
Hayes Presidential Center |
|
$ |
524,981 |
|
$ |
524,981 |
GRF |
360-508 |
|
Historical Grants |
|
$ |
688,470 |
|
$ |
688,470 |
TOTAL GRF General Revenue Fund |
|
$ |
13,729,065 |
|
$ |
11,939,990 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
13,729,065 |
|
$ |
11,939,990 |
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.
Of the foregoing appropriation item 360-508, Historical Grants, $100,000 in each fiscal year shall be distributed to the Hebrew Union College in Cincinnati for the Center for Holocaust and Humanity Education.
OHIO BICENTENNIAL COMMISSION ROYALTIES
Notwithstanding any previous arrangement to the contrary, the Ohio Bicentennial Commission shall keep the first $100,000 in earned royalties associated with the Ohio Bicentennial logo during the 2003-2005 biennium. This $100,000 shall be used to cover the operating expenses of the Ohio Bicentennial Commission in fiscal year 2005. The remaining moneys collected from royalties associated with the Ohio Bicentennial logo shall be deposited into the General Revenue Fund.
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 |
|
$ |
21,815,431 |
|
$ |
22,357,575 |
555 |
820-605 |
|
Examination |
|
$ |
7,433,751 |
|
$ |
7,639,581 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
29,755,697 |
|
$ |
30,558,567 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
30,316,256 |
|
$ |
31,119,126 |
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.
On July 1, 2003, or as soon as possible thereafter, the Director of Budget and Management shall transfer $1,000,000 from the Superintendent's Exam Fund (Fund 555) to the General Revenue Fund.
On July 1, 2003, or as soon as possible thereafter, the Director of Budget and Management shall transfer $7,000,000 from the Department of Insurance Operating Fund (Fund 554) to the General Revenue Fund.
Section 58. JFS DEPARTMENT OF JOB AND FAMILY SERVICES
GRF |
600-321 |
|
Support Services |
|
|
|
|
|
|
|
|
|
State |
|
$ |
58,611,047 |
|
$ |
58,611,047 |
|
|
|
Federal |
|
$ |
6,744,715 |
|
$ |
7,125,883 |
|
|
|
Support Services Total |
|
$ |
65,355,762 |
|
$ |
65,736,930 |
GRF |
600-410 |
|
TANF State |
|
$ |
272,619,061 |
|
$ |
272,619,061 |
GRF |
600-413 |
|
Child Care Match/Maintenance of Effort |
|
$ |
84,120,596 |
|
$ |
84,120,596 |
GRF |
600-416 |
|
Computer Projects |
|
|
|
|
|
|
|
|
|
State |
|
$ |
120,000,000 |
|
$ |
120,000,000 |
|
|
|
Federal |
|
$ |
31,095,442 |
|
$ |
31,400,454 |
|
|
|
Computer Projects Total |
|
$ |
151,095,442 |
|
$ |
151,400,454 |
GRF |
600-420 |
|
Child Support Administration |
|
$ |
5,091,446 |
|
$ |
5,091,446 |
GRF |
600-421 |
|
Office of Family Stability |
|
$ |
4,864,932 |
|
$ |
4,864,932 |
GRF |
600-422 |
|
Local Operations |
|
$ |
2,305,232 |
|
$ |
2,305,232 |
GRF |
600-423 |
|
Office of Children and Families |
|
$ |
5,000,000 |
|
$ |
5,000,000 |
GRF |
600-424 |
|
Office of Workforce Development |
|
$ |
877,971 |
|
$ |
877,971 |
GRF |
600-425 |
|
Office of Ohio Health Plans |
|
|
|
|
|
|
|
|
|
State |
|
$ |
20,085,170 |
|
$ |
20,085,170 |
|
|
|
Federal |
|
$ |
19,996,989 |
|
$ |
19,988,992 |
|
|
|
Office of Ohio Health Plans Total |
|
$ |
40,082,159 |
|
$ |
40,074,162 |
GRF |
600-435 |
|
Unemployment Compensation Review Commission |
|
$ |
3,188,473 |
|
$ |
3,188,473 |
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 |
|
$ |
3,654,294,321 |
|
$ |
3,822,604,777 |
|
|
|
Federal |
|
$ |
5,192,954,705 |
|
$ |
5,467,412,205 |
|
|
|
Health Care Total |
|
$ |
8,847,249,026 |
|
$ |
9,290,016,982 |
GRF |
600-528 |
|
Adoption Services |
|
|
|
|
|
|
|
|
|
State |
|
$ |
30,642,739 |
|
$ |
30,642,739 |
|
|
|
Federal |
|
$ |
34,287,550 |
|
$ |
34,979,090 |
|
|
|
Adoption Services Total |
|
$ |
64,930,289 |
|
$ |
65,621,829 |
TOTAL GRF General Revenue Fund |
|
|
|
|
|
|
|
|
|
State |
|
$ |
4,426,407,426 |
|
$ |
4,594,717,882 |
|
|
|
Federal |
|
$ |
5,285,079,401 |
|
$ |
5,560,906,625 |
|
|
|
GRF Total |
|
$ |
9,711,486,827 |
|
$ |
10,155,624,506 |
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 |
|
$ |
15,157,189,107 |
|
$ |
15,801,486,803 |
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 58.06a. OHIO ASSOCIATION OF SECOND HARVEST FOOD BANKS
Of the foregoing appropriation item 600-659, TANF/Title XX (Fund 3W3), up to $4,500,000 in each fiscal year shall be used by the Department of Job and Family Services to support expenditures to the Ohio Association of Second Harvest Food Banks according to the following criteria.
As used in this section, "federal poverty guidelines" has the same meaning as in section 5101.46 of the Revised Code.
The Department of Job and Family Services shall provide an annual grant of $4,500,000 in each of the fiscal years 2004 and 2005 to the Ohio Association of Second Harvest Food Banks. In each fiscal year, the Ohio Association of Second Harvest Food Banks shall use $2,500,000 for the purchase of food products for the Ohio Food Program, of which up to $105,000 may be used for food storage and transport, and shall use $2,000,000 for the Agricultural Surplus Production Alliance Project. Funds provided for the Ohio Food Program shall be used to purchase food products and to distribute those food products to agencies participating in the emergency food distribution program. No funds provided through this grant may be used for administrative expenses other than funds provided for food storage and transport. As soon as possible after entering into a grant agreement at the beginning of each fiscal year, the Department of Job and Family Services shall distribute the grant funds in one single payment. The Ohio Association of Second Harvest Food Banks shall develop a plan for the distribution of the food products to local food distribution agencies. Agencies receiving these food products shall ensure that individuals and families who receive any of the food products purchased with these funds have an income at or below 150 per cent of the federal poverty guidelines. The Department of Job and Family Services and the Ohio Association of Second Harvest Food Banks shall agree on reporting requirements to be incorporated into the grant agreement.
The Ohio Association of Second Harvest Food Banks shall return any fiscal year 2004 funds from this grant remaining unspent on June 30, 2004, to the Department of Job and Family Services not later than November 1, 2004. The Ohio Association of Second Harvest Food Banks shall return any fiscal year 2005 funds from the grant remaining unspent on June 30, 2005, to the Department of Job and Family Services no later than November 1, 2005.
Section 58.06b. ADULT PROTECTIVE SERVICES
Of the foregoing appropriation item 600-659, TANF/Title XX (Fund 3W3), up to $2,700,000 in each fiscal year shall be used by the Department of Job and Family Services to reimburse county departments of job and family services for all or part of the costs they incur in providing adult protective services pursuant to sections 5101.60 to 5101.71 of the Revised Code.
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 58.20. MEDICAID PAYMENT TO CHILDREN'S HOSPITALS
As used in this section, "children's hospital" has the same meaning as in section 3702.51 of the Revised Code.
For fiscal years 2004 and 2005, the Medicaid payment to children's hospitals shall include the adjustment for inflation provided for by paragraph (G) of rule 5101:3-2-074 of the Administrative Code as that paragraph existed on December 30, 2002.
The Department of Job and Family Services shall pay to each children's hospital participating in the Medicaid program an amount equal to the difference between (1) the amount the hospital would have been paid under rule 5101:3-2-074 of the Administrative Code for the period beginning January 1, 2003, and ending May 31, 2003, if the amendment to paragraph (G) of that rule that went into effect on December 31, 2002, had not gone into effect and (2) the amount that the hospital was paid under that rule for that period.
Section 58.21. HEAD START
The Department of Job and Family Services, before September 30, 2003, shall transfer $101,200,000 from the TANF Block Grant to the Child Care and Development Fund, and before September 30, 2004, shall transfer $103,184,000 from the TANF Block Grant to the Child Care and Development Fund. In each fiscal year, these funds shall be transferred to appropriation item 200-663, Head Start Plus/Head Start (Fund 5W2), in the Department of Education.
Notwithstanding anything to the contrary in sections 3301.31 to 3301.37 of the Revised Code, eligibility and service restrictions of Title IV-A of the Social Security Act shall not apply to the Head Start and Head Start Plus programs created by those sections. To the fullest extent possible, the Head Start Plus/Head Start Program shall be funded through this transfer of TANF Block Grant funds to the Child Care and Development Fund, provided that the actions of the Department of Job and Family Services and the Department of Education do not conflict with applicable federal statutes, if any.
The Head Start Plus/Head Start Program shall be administered by the Department of Education in accordance with an interagency agreement entered into with the Department of Job and Family Services, and in accordance with the terms of section 5104.30 of the Revised Code, as amended by this act. The agreement shall specify audit and reporting requirements applicable to the use of moneys from the Child Care and Development Fund.
Section 59. JCO JUDICIAL CONFERENCE OF OHIO
GRF |
018-321 |
|
Operating Expenses |
|
$ |
962,000 |
|
$ |
957,000 |
TOTAL GRF General Revenue Fund |
|
$ |
962,000 |
|
$ |
957,000 |
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 |
|
$ |
1,162,000 |
|
$ |
1,157,000 |
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 |
|
$ |
113,846,495 |
|
$ |
118,617,425 |
GRF |
005-401 |
|
State Criminal Sentencing Council |
|
$ |
346,194 |
|
$ |
356,371 |
TOTAL GRF General Revenue Fund |
|
$ |
114,192,689 |
|
$ |
118,973,796 |
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 |
|
$ |
119,514,081 |
|
$ |
124,506,962 |
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 |
|
$ |
193,514 |
|
$ |
193,514 |
GRF |
054-200 |
|
Maintenance |
|
$ |
33,938 |
|
$ |
33,938 |
GRF |
054-300 |
|
Equipment |
|
$ |
1,856 |
|
$ |
1,856 |
GRF |
054-401 |
|
Ombudsman |
|
$ |
291,247 |
|
$ |
291,247 |
TOTAL GRF General Revenue Fund |
|
$ |
520,555 |
|
$ |
520,555 |
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 |
|
$ |
4,338,288 |
|
$ |
4,338,288 |
Section 63. JLE JOINT LEGISLATIVE ETHICS COMMITTEE
GRF |
028-321 |
|
Legislative Ethics Committee |
|
$ |
550,000 |
|
$ |
550,000 |
TOTAL GRF General Revenue Fund |
|
$ |
550,000 |
|
$ |
550,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
550,000 |
|
$ |
550,000 |
On July 1, 2003, or as soon thereafter as possible, the Director of Budget and Management shall transfer 50 per cent of the cash balance in the Joint Legislative Ethics Committee Fund (Fund 4G7) to the General Revenue Fund. On July 1, 2004, or as soon thereafter as possible, the Director of Budget and Management shall transfer all of the remaining cash balance in the Joint Legislative Ethics Committee Fund (Fund 4G7) to the General Revenue Fund.
Section 64. LSC LEGISLATIVE SERVICE COMMISSION
GRF |
035-321 |
|
Operating Expenses |
|
$ |
14,065,000 |
|
$ |
14,900,000 |
GRF |
035-402 |
|
Legislative Interns |
|
$ |
975,000 |
|
$ |
990,000 |
GRF |
035-404 |
|
Legislative Office of Education Oversight |
|
$ |
1,205,000 |
|
$ |
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 |
|
$ |
20,419,200 |
|
$ |
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 |
|
$ |
20,593,550 |
|
$ |
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 |
|
$ |
6,700,721 |
|
$ |
6,700,721 |
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 |
|
$ |
467,531 |
|
$ |
467,531 |
GRF |
350-502 |
|
Regional Library Systems |
|
$ |
1,104,374 |
|
$ |
1,104,374 |
GRF |
350-503 |
|
Cleveland Public Library |
|
$ |
703,234 |
|
$ |
703,234 |
TOTAL GRF General Revenue Fund |
|
$ |
9,100,676 |
|
$ |
14,100,676 |
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 |
|
$ |
23,860,984 |
|
$ |
23,460,984 |
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 |
Of the foregoing appropriation item 970-321, Operating Expenses, $27,700 in fiscal year 2004 and $4,500 in fiscal year 2005 shall be used for computer equipment.
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 |
|
$ |
7,199,162 |
|
$ |
7,302,330 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
7,119,162 |
|
$ |
7,302,330 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
7,119,162 |
|
$ |
7,302,330 |
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 |
|
$ |
4,152,291 |
|
$ |
4,152,291 |
TOTAL GRF General Revenue Fund |
|
$ |
4,152,291 |
|
$ |
4,152,291 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
89,334,264 |
|
$ |
89,334,264 |
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 |
|
$ |
22,000,000 |
|
$ |
22,000,000 |
GRF |
333-402 |
|
Resident Trainees |
|
$ |
1,330,796 |
|
$ |
1,330,796 |
GRF |
333-403 |
|
Pre-Admission Screening Expenses |
|
$ |
633,882 |
|
$ |
633,882 |
GRF |
333-415 |
|
Lease-Rental Payments |
|
$ |
25,935,650 |
|
$ |
23,206,750 |
GRF |
333-416 |
|
Research Program Evaluation |
|
$ |
810,289 |
|
$ |
810,289 |
TOTAL GRF General Revenue Fund |
|
$ |
50,710,617 |
|
$ |
50,710,617 |
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 |
|
$ |
373,216,546
|
|
$ |
383,293,392 |
GRF |
334-506 |
|
Court Costs |
|
$ |
926,461 |
|
$ |
926,461 |
TOTAL GRF General Revenue Fund |
|
$ |
374,143,007 |
|
$ |
384,219,853 |
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 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
12,733,588 |
|
$ |
13,168,791 |
State Special Revenue Fund Group
485 |
334-632 |
|
Mental Health Operating |
|
$ |
2,387,253 |
|
$ |
2,476,297 |
5L2 |
334-619 |
|
Health Foundation/Greater Cincinnati |
|
$ |
26,000 |
|
$ |
0 |
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 |
|
$ |
412,418,831 |
|
$ |
424,493,924 |
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 |
|
$ |
7,509,010 |
|
$ |
7,509,010 |
GRF |
335-505 |
|
Local MH Systems of Care |
|
$ |
89,687,868 |
|
$ |
89,687,868 |
TOTAL GRF General Revenue Fund |
|
$ |
97,196,878 |
|
$ |
97,196,878 |
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 |
|
$ |
346,037,380 |
|
$ |
363,500,837 |
DEPARTMENT TOTAL |
|
|
|
|
|
|
GENERAL REVENUE FUND |
|
$ |
526,202,793 |
|
$ |
533,550,739 |
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 |
|
$ |
908,396,130 |
|
$ |
935,302,952 |
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 |
|
$ |
9,174,390 |
GRF |
320-412 |
|
Protective Services |
|
$ |
1,420,658 |
|
$ |
1,420,658 |
GRF |
320-415 |
|
Lease-Rental Payments |
|
$ |
25,935,650 |
|
$ |
23,206,750 |
TOTAL GRF General Revenue Fund |
|
$ |
36,530,698 |
|
$ |
33,801,798 |
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 |
|
$ |
53,354,142 |
|
$ |
50,625,242 |
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 |
|
$ |
242,004 |
|
$ |
242,004 |
GRF |
322-413 |
|
Residential and Support
Services |
|
$ |
8,439,337 |
|
$ |
8,439,337 |
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 |
|
$ |
6,801,473 |
|
$ |
6,801,473 |
GRF |
322-452 |
|
Service and Support Administration |
|
$ |
8,628,481 |
|
$ |
8,628,481 |
GRF |
322-501 |
|
County Boards Subsidies |
|
$ |
31,795,691 |
|
$ |
31,795,691 |
GRF |
322-503 |
|
Tax Equity |
|
$ |
14,000,000 |
|
$ |
14,000,000 |
TOTAL GRF General Revenue Fund |
|
$ |
208,781,899 |
|
$ |
213,106,448 |
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 |
|
$ |
841,873,783 |
|
$ |
888,667,494 |
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.
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.
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.
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.
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 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
|
|
$ |
100,499,356 |
|
$ |
101,731,241 |
|
|
|
Operations |
|
|
|
|
|
|
TOTAL GRF General Revenue Fund |
|
$ |
100,499,356 |
|
$ |
101,731,241 |
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 |
|
$ |
243,270,271 |
|
$ |
244,608,563 |
DEPARTMENT TOTAL |
|
|
|
|
|
|
GENERAL REVENUE FUND |
|
$ |
345,811,953 |
|
$ |
348,639,487 |
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 |
|
$ |
1,138,498,196 |
|
$ |
1,183,901,299 |
(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 |
|
$ |
539,318 |
|
$ |
539,318 |
GRF |
149-501 |
|
Minority Health Grants |
|
$ |
751,478 |
|
$ |
751,478 |
GRF |
149-502 |
|
Lupus Program |
|
$ |
141,556 |
|
$ |
141,556 |
TOTAL GRF General Revenue Fund |
|
$ |
1,432,352 |
|
$ |
1,432,352 |
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 |
|
$ |
1,732,352 |
|
$ |
1,732,352 |
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 |
725-412 |
|
Reclamation Commission |
|
$ |
57,934 |
|
$ |
57,934 |
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 |
|
$ |
816,319 |
|
$ |
816,319 |
GRF |
725-456 |
|
Canal Lands |
|
$ |
332,859 |
|
$ |
332,859 |
GRF |
725-502 |
|
Soil and Water Districts |
|
$ |
11,182,024 |
|
$ |
11,475,507 |
GRF |
725-903 |
|
Natural Resources General Obligation Debt Service |
|
$ |
23,808,300 |
|
$ |
26,914,300 |
GRF |
727-321 |
|
Division of Forestry |
|
$ |
9,068,735 |
|
$ |
9,068,735 |
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 |
|
$ |
33,232,205 |
|
$ |
34,561,493 |
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 |
|
$ |
3,104,405 |
|
$ |
3,104,405 |
GRF |
744-321 |
|
Division of Mineral
Resources Management |
|
$ |
3,439,744 |
|
$ |
3,495,967 |
TOTAL GRF General Revenue Fund |
|
$ |
118,257,925 |
|
$ |
125,635,552 |
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 |
|
$ |
1,127,117 |
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 |
|
$ |
1,841,589 |
|
$ |
1,971,037 |
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 |
|
$ |
63,233,308 |
|
$ |
63,212,915 |
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 |
|
$ |
20,844 |
|
$ |
20,844 |
TOTAL ALF Accrued Leave |
|
|
|
|
|
|
Liability Fund Group |
|
$ |
20,844 |
|
$ |
20,844 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
314,673,133 |
|
$ |
320,964,084 |
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 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 |
|
$ |
28,173,220 |
|
$ |
28,173,220 |
GRF |
019-503 |
|
County Reimbursement - Capital Cases |
|
$ |
693,000 |
|
$ |
726,000 |
TOTAL GRF General Revenue Fund |
|
$ |
37,271,594 |
|
$ |
37,216,953 |
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 |
|
$ |
55,087,363 |
|
$ |
55,142,731 |
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.
APPOINTED COUNSEL REIMBURSEMENT RATE FREEZE
In establishing maximum amounts that the state will reimburse counties for legal services pursuant to divisions (B) (8) and (9) of section 120.04 of the Revised Code for the period from July 1, 2003, through June 30, 2005, the state public defender shall not establish maximum amounts that exceed the maximum amounts in effect on March 1, 2003.
Section 84. DHS DEPARTMENT OF PUBLIC SAFETY
GRF |
763-403 |
|
Operating Expenses - EMA |
|
$ |
4,058,188 |
|
$ |
4,058,188 |
GRF |
763-507 |
|
Individual and Households Grants |
|
$ |
48,750 |
|
$ |
48,750 |
TOTAL GRF General Revenue Fund |
|
$ |
4,106,938 |
|
$ |
4,106,938 |
State Special Revenue Fund Group
5X1 |
764-415 |
|
Public Safety Investigative Unit |
|
$ |
800,000 |
|
$ |
800,000 |
TOTAL SSR State Special Revenue Fund Group |
|
$ |
800,000 |
|
$ |
800,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
4,906,938 |
|
$ |
4,906,938 |
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 |
|
$ |
19,476,952 |
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 |
|
$ |
2,886,284 |
|
$ |
2,767,219 |
GRF |
235-401 |
|
Lease Rental Payments |
|
$ |
246,500,700 |
|
$ |
216,836,400 |
GRF |
235-402 |
|
Sea Grants |
|
$ |
274,895 |
|
$ |
274,895 |
GRF |
235-403 |
|
Math/Science Teaching Improvement |
|
$ |
1,757,614 |
|
$ |
1,757,614 |
GRF |
235-404 |
|
College Readiness Initiatives |
|
$ |
2,277,641 |
|
$ |
2,277,641 |
GRF |
235-406 |
|
Articulation and Transfer |
|
$ |
513,450 |
|
$ |
513,450 |
GRF |
235-408 |
|
Midwest Higher Education Compact |
|
$ |
35,000 |
|
$ |
35,000 |
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 |
|
$ |
940,000 |
|
$ |
940,000 |
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 |
|
$ |
1,580,502 |
|
$ |
1,540,990 |
GRF |
235-477 |
|
Access Improvement Projects |
|
$ |
1,048,664 |
|
$ |
1,080,124 |
GRF |
235-501 |
|
State Share of Instruction |
|
$ |
1,505,373,459 |
|
$ |
1,505,335,851 |
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 |
|
$ |
1,880,000 |
|
$ |
1,880,000 |
GRF |
235-510 |
|
Ohio Supercomputer Center |
|
$ |
4,208,472 |
|
$ |
4,103,260 |
GRF |
235-511 |
|
Cooperative Extension Service |
|
$ |
25,394,863 |
|
$ |
25,394,863 |
GRF |
235-513 |
|
Ohio University Voinovich Center |
|
$ |
271,977 |
|
$ |
265,178 |
GRF |
235-514 |
|
Central State Supplement |
|
$ |
11,039,203 |
|
$ |
11,039,203 |
GRF |
235-515 |
|
Case Western Reserve University School of Medicine |
|
$ |
3,168,949 |
|
$ |
3,089,725 |
GRF |
235-519 |
|
Family Practice |
|
$ |
4,840,887 |
|
$ |
4,719,865 |
GRF |
235-520 |
|
Shawnee State Supplement |
|
$ |
2,082,289 |
|
$ |
2,082,289 |
GRF |
235-521 |
|
The Ohio State University Glenn Institute |
|
$ |
271,977 |
|
$ |
265,178 |
GRF |
235-524 |
|
Police and Fire Protection |
|
$ |
209,046 |
|
$ |
203,819 |
GRF |
235-525 |
|
Geriatric Medicine |
|
$ |
820,696 |
|
$ |
800,179 |
GRF |
235-526 |
|
Primary Care Residencies |
|
$ |
2,390,061 |
|
$ |
2,330,310 |
GRF |
235-527 |
|
Ohio Aerospace Institute |
|
$ |
1,763,843 |
|
$ |
1,719,747 |
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 |
|
$ |
35,496,855 |
|
$ |
35,496,855 |
GRF |
235-536 |
|
The Ohio State University Clinical Teaching |
|
$ |
12,461,503 |
|
$ |
12,461,503 |
GRF |
235-537 |
|
University of Cincinnati Clinical Teaching |
|
$ |
10,249,417 |
|
$ |
10,249,417 |
GRF |
235-538 |
|
Medical College of Ohio at Toledo Clinical Teaching |
|
$ |
7,988,864 |
|
$ |
7,988,864 |
GRF |
235-539 |
|
Wright State University Clinical Teaching |
|
$ |
3,881,147 |
|
$ |
3,881,147 |
GRF |
235-540 |
|
Ohio University Clinical Teaching |
|
$ |
3,752,022 |
|
$ |
3,752,022 |
GRF |
235-541 |
|
Northeastern Ohio Universities College of Medicine Clinical Teaching |
|
$ |
3,858,951 |
|
$ |
3,858,951 |
GRF |
235-543 |
|
Ohio College of Podiatric Medicine Clinical Subsidy |
|
$ |
389,513 |
|
$ |
389,513 |
GRF |
235-547 |
|
School of International Business |
|
$ |
1,264,611 |
|
$ |
1,232,996 |
GRF |
235-549 |
|
Part-time Student Instructional Grants |
|
$ |
14,036,622 |
|
$ |
14,457,721 |
GRF |
235-553 |
|
Dayton Area Graduate Studies Institute |
|
$ |
2,726,884 |
|
$ |
2,726,884 |
GRF |
235-554 |
|
Computer Science Graduate Education |
|
$ |
2,577,209 |
|
$ |
2,512,779 |
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 |
|
$ |
230,906 |
|
$ |
225,134 |
GRF |
235-561 |
|
Bowling Green State University Canadian Studies Center |
|
$ |
121,586 |
|
$ |
118,546 |
GRF |
235-572 |
|
The Ohio State University Clinic Support |
|
$ |
1,400,394 |
|
$ |
1,362,259 |
GRF |
235-583 |
|
Urban University Programs |
|
$ |
4,813,113 |
|
$ |
4,692,785 |
GRF |
235-585 |
|
Ohio University Innovation Center |
|
$ |
36,078 |
|
$ |
35,176 |
GRF |
235-587 |
|
Rural University Projects |
|
$ |
1,018,010 |
|
$ |
992,559 |
GRF |
235-588 |
|
Ohio Resource Center for Mathematics, Science, and Reading |
|
$ |
853,262 |
|
$ |
853,262 |
GRF |
235-595 |
|
International Center for Water Resources Development |
|
$ |
137,352 |
|
$ |
133,918 |
GRF |
235-596 |
|
Hazardous Materials Program |
|
$ |
288,700 |
|
$ |
281,483 |
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 |
|
$ |
2,367,565,645 |
|
$ |
2,376,770,764 |
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 |
|
$ |
2,380,855,331 |
|
$ |
2,389,658,538 |
Section 88.01. LEASE RENTAL PAYMENTS
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 approximately $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 nonstate 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. The Board of Regents shall weight the number of FTE students in the Masters and Professional I, Masters and Professional II, Masters and Professional III, and MPD I models who are not residents of Ohio so that the core subsidy entitlement amount per FTE student who is not a resident of Ohio is 60 per cent of the core subsidy entitlement amount per FTE student who is a resident of Ohio.
(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) If the total core subsidy entitlement in any model in any fiscal year exceeds any of the limits specified below, the Board of Regents shall proportionately reduce the core subsidy entitlement for that model for all campuses by a uniform percentage so that the system-wide sum equals the limit specified below.
(i) The total core subsidy entitlement for all campuses in Masters and Professional I shall not exceed $12,314,541 in fiscal year 2004 and $12,403,616 in fiscal year 2005.
(ii) The total core subsidy entitlement for all campuses in Masters and Professional II shall not exceed $102,962,506 in fiscal year 2004 and $104,452,878 in fiscal year 2005.
(iii) The total core subsidy entitlement for all campuses in Masters and Professional III shall not exceed $59,789,439 in fiscal year 2004 and $61,010,994 in fiscal year 2005.
(iv) The total core subsidy entitlement for all campuses in Medical I shall not exceed $26,742,980 in fiscal year 2004 and $26,742,980 in fiscal year 2005.
(v) The total core subsidy entitlement for all campuses in Medical II shall not exceed $98,315,046 in fiscal year 2004 and $99,350,111 in fiscal year 2005.
(vi) The total core subsidy entitlement for all campuses in MPD I shall not exceed $43,976,008 in fiscal year 2004 and $39,109,755 in fiscal year 2005.
(e) The state share of instruction provided for doctoral
students shall be not more than $96,932,984 in fiscal year 2004 and $50,405,152 in fiscal year 2005.
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) 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.
(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
Except for the limits specified in division (C)(1)(d) of this section, 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. Except for the board of trustees of Miami University in implementing the pilot tuition restructuring plan recognized by this section, 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 boards of trustees of individual state-assisted universities, university branch campuses, community colleges, state community colleges, and technical colleges shall place moratoriums during fiscal years 2004 and 2005 on the creation, acquisition, and expansion of academic programs, capital projects, real estate, and student centers unless specified in legislation enacted prior to July 1, 2003, except for requests meeting the review and approval of the Third Frontier Commission. The Third Frontier Commission shall review only those requests that seek to establish or enhance the research and development position of the state or a region of the state. Any such requests approved by the Third Frontier Commission shall require the review and approval of the Controlling Board. Notwithstanding anything to the contrary in this paragraph, the board of trustees of a state-assisted university, university branch campus, community college, state community college, or technical college may seek approval by the Controlling Board for an action not otherwise permitted by this paragraph for exceptional circumstances.
State-assisted universities, university branch campuses, community colleges, state community colleges, and technical colleges shall not seek the appropriation of funds for, or transfer or seek approval to transfer funds to, any project not specified in Am. Sub. H.B. 850 of the 122nd General Assembly, Am. Sub. H.B. 640 of the 123rd General Assembly, Am. Sub. H.B. 675 of the 124th General Assembly, or any other act enacted after June 30, 1998. Notwithstanding anything to the contrary in this paragraph, the board of trustees of a state-assisted university, university branch campus, community college, state community college, or technical college may seek approval by the Controlling Board for an action not otherwise permitted by this paragraph for exceptional circumstances.
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. This prohibition is not intended to limit the authority of the board of trustees of Miami University in providing financial assistance to students in implementing the pilot tuition restructuring plan recognized by this section.
Except for Miami University in implementing the pilot tuition restructuring plan recognized by this section, 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.
The General Assembly recognizes the pilot tuition restructuring plan of the board of trustees of Miami University for undergraduate students enrolled at the Oxford campus. The purpose of this plan is to make higher education more affordable for moderate income Ohioans, encourage high-achieving Ohio students to stay in Ohio rather than attending colleges in other states, and provide incentives for Ohio students to major in areas crucial to Ohio's priorities and future economic development.
Notwithstanding any limit on in-state undergraduate instructional and general fees imposed by this act, the General Assembly recognizes that the plan will provide that all undergraduate students enrolled at the Oxford campus will be charged combined instructional and general fees in an amount equal to the nonresident instructional and general fees and tuition surcharge. For both resident student first enrolling on or after the summer term of 2003 and resident students who enrolled prior to this date, any increases in fees approved thereafter by the board of trustees are subject to any instructional and general fee caps imposed by the General Assembly.
The General Assembly recognizes that the plan provides that all students who are residents of Ohio will receive student financial assistance in an amount to be determined by the University.
The General Assembly recognizes that the plan provides that, for any resident student who enrolls at the Miami University Oxford campus prior to August 2004, the plan will have no direct financial impact except for paper changes on invoices so that such a student would only pay instructional and general fees in an amount equivalent to what the student was charged in the preceding year in addition to any increases in fees approved by the board of trustees.
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.
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
The foregoing appropriation items 235-536, The Ohio State University Clinical Teaching; 235-537, University of Cincinnati Clinical Teaching; 235-538, Medical College of Ohio at Toledo Clinical Teaching; 235-539, Wright State University Clinical Teaching; 235-540, Ohio University Clinical Teaching; and 235-543, Northeastern Ohio Universities College of Medicine Clinical Teaching, shall be distributed through the Board of Regents.
Of the foregoing appropriation item 235-539, Wright State University Clinical Teaching, $124,644 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),
Rootstown
Township, and the City of Nelsonville, 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 at least $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. 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 intrastate 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, Air Quality Development Authority, 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: 195-401, Thomas Edison
Program; 898-402, Coal Development Office; 195-422, Third Frontier Action Fund;
898-604, 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 88.14. COMPREHENSIVE PLAN FOR HIGHER EDUCATION
(A) The Board of Regents shall develop a comprehensive plan for higher education that includes all of the following:
(1) The plan shall seek to eliminate duplications of academic programs at the graduate, professional, and doctoral levels. In eliminating duplications, the Board of Regents shall consider either a statewide or regional approach.
(2) The plan shall identify public and private higher education institutions to recommend as part of an Ohio Centers of Excellence program.
(3) The plan shall recommend that the six current state-supported medical colleges be consolidated into a Public Medical College System consisting of three institutions focusing on academics and research and three institutions focusing on clinical teaching and clinical research.
(B) Not later than April 1, 2004, the Board of Regents shall submit its comprehensive plan for higher education to the General Assembly for the General Assembly's approval.
Section 88.15. ELIMINATION OF ONE PUBLIC LAW SCHOOL
Not later than September 1, 2003, the Board of Regents shall identify one public law school for elimination. The Board of Regents shall use as a baseline in its determination the final report on Juris Doctor Education in the State of Ohio prepared by the Committee for the Statewide Review of Juris Doctor Education on January 4, 1996. The Board of Regents shall also use any other relevant information that is necessary to make its determination.
The institution identified by the Board of Regents shall immediately begin a phase out of the institution's law school program. The institution shall not accept any new law students for first enrollment beginning with the summer semester of 2004. The institution shall effectively close its law school prior to the fall semester of 2006.
The state share of instruction subsidy provided in fiscal year 2005 for students enrolled in the law school identified to be closed shall be not more the two-thirds of the subsidy amount received by the same institution for students enrolled in the law school in fiscal year 2004.
It is the intent of the General Assembly that the state share of instruction subsidy provided in fiscal year 2006 for students enrolled in the law school identified to be closed shall be not more than one-third of the subsidy amount received by the same institution for students enrolled in the law school in fiscal year 2004.
It is the intent of the General Assembly that in fiscal year 2007, no state share of instruction subsidy shall be provided for students enrolled in the law school identified to be closed.
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 |
|
$ |
24,335,287 |
|
$ |
24,747,574 |
GRF |
507-321 |
|
Institution Recovery Services |
|
$ |
7,018,500 |
|
$ |
7,124,516 |
TOTAL GRF General Revenue Fund
|
|
$ |
1,433,339,695 |
|
$ |
1,454,836,213 |
General Services Fund Group
4B0 |
501-601 |
|
Penitentiary Sewer Treatment Facility Services |
|
$ |
1,693,129 |
|
$ |
1,758,177 |
4D4 |
501-603 |
|
Prisoner Programs |
|
$ |
20,537,291 |
|
$ |
20,967,703 |
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 |
|
$ |
37,582,606 |
|
$ |
38,693,850 |
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 |
The Director of Budget and Management shall prepare a full zero-based budget for the biennium ending June 30, 2007, for the Department of Rehabilitation and Correction. The Director shall offer the Department substantial technical assistance throughout the process of preparing its zero-based budget. The Department shall prepare a full zero-based budget in such manner and according to such schedule as the Director of Budget and Management requires. The zero-based budget shall, as the Director of Budget and Management determines, be in addition to or in place of the estimates of revenue and proposed expenditures that the Department otherwise would be required to prepare under section 126.02 of the Revised Code.
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 |
|
$ |
8,506,587 |
|
$ |
8,506,587 |
GRF |
415-402 |
|
Independent Living Council |
|
$ |
12,040 |
|
$ |
12,040 |
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 |
|
$ |
182,364 |
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 |
|
$ |
48,208 |
|
$ |
48,208 |
TOTAL GRF General Revenue Fund |
|
$ |
23,501,362 |
|
$ |
23,856,271 |
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 |
|
$ |
117,955,833 |
|
$ |
125,520,457 |
TOTAL FED Federal Special |
|
|
|
|
|
|
Revenue Fund Group |
|
$ |
208,961,371 |
|
$ |
220,187,296 |
State Special Revenue Fund Group
4L1 |
415-619 |
|
Services for Rehabilitation |
|
$ |
3,623,845 |
|
$ |
3,176,070 |
468 |
415-618 |
|
Third Party Funding |
|
$ |
1,692,991 |
|
$ |
2,392,991 |
TOTAL SSR State Special |
|
|
|
|
|
|
Revenue Fund Group |
|
$ |
5,316,836 |
|
$ |
5,569,061 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
257,380,657 |
|
$ |
269,801,750 |
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 96.04. (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 |
|
$ |
6,989,315 |
|
$ |
0 |
Total GRF General Revenue Fund |
|
$ |
20,642,354 |
|
$ |
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 |
|
$ |
26,837,262 |
|
$ |
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.
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 |
|
$ |
2,750,000 |
|
$ |
2,750,000 |
GRF |
050-403 |
|
Election Statistics |
|
$ |
110,570 |
|
$ |
110,570 |
GRF |
050-407 |
|
Pollworkers Training |
|
$ |
295,742 |
|
$ |
295,742 |
GRF |
050-409 |
|
Litigation Expenditures |
|
$ |
4,949 |
|
$ |
4,949 |
TOTAL GRF General Revenue Fund |
|
$ |
3,161,261 |
|
$ |
3,161,261 |
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 |
|
$ |
17,563,101 |
|
$ |
17,785,095 |
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 |
|
$ |
2,171,760 |
|
$ |
2,171,760 |
TOTAL GRF General Revenue Fund |
|
$ |
2,171,760 |
|
$ |
2,171,760 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
2,171,760 |
|
$ |
2,171,760 |
Section 103. TAX DEPARTMENT OF TAXATION
GRF |
110-321 |
|
Operating Expenses |
|
$ |
80,001,007 |
|
$ |
79,667,788 |
GRF |
110-412 |
|
Child Support Administration |
|
$ |
74,215 |
|
$ |
74,215 |
GRF |
110-901 |
|
Property Tax Allocation - Taxation |
|
$ |
434,650,000 |
|
$ |
452,740,000 |
GRF |
110-906 |
|
Tangible Tax
Exemption - Taxation |
|
$ |
29,190,000 |
|
$ |
30,490,000 |
TOTAL GRF General Revenue Fund |
|
$ |
543,915,222 |
|
$ |
562,972,003 |
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 |
|
$ |
1,891,955,653 |
|
$ |
1,951,935,232 |
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 |
|
$ |
15,525,595 |
|
$ |
15,525,595 |
GRF |
776-465 |
|
Rail Transportation |
|
$ |
3,116,889 |
|
$ |
2,936,056 |
GRF |
777-471 |
|
Airport Improvements - State |
|
$ |
1,338,495 |
|
$ |
1,338,495 |
GRF |
777-473 |
|
Rickenbacker Lease Payments - State |
|
$ |
591,600 |
|
$ |
591,500 |
TOTAL GRF General Revenue Fund |
|
$ |
20,572,579 |
|
$ |
20,391,646 |
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 |
5W7 |
771-413 |
|
Public Transportation Grant Programs |
|
$ |
3,100,000 |
|
$ |
3,100,000 |
5W8 |
773-432 |
|
Roadside Rest Area Improvement |
|
$ |
250,000 |
|
$ |
250,000 |
5W9 |
777-476 |
|
County Airport Maintenance Assistance |
|
$ |
570,000 |
|
$ |
570,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
6,609,500 |
|
$ |
6,801,500 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
27,232,079 |
|
$ |
27,243,146 |
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.
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 |
|
$ |
9,122,622 |
|
$ |
9,122,622 |
GRF |
090-401 |
|
Office of the Sinking
|
|
$ |
554,868 |
|
$ |
554,868 |
|
|
|
Fund |
|
|
|
|
|
|
GRF |
090-402 |
|
Continuing Education |
|
$ |
463,585 |
|
$ |
463,585 |
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 |
|
$ |
36,921,075 |
|
$ |
37,861,075 |
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 |
|
$ |
71,696,075 |
|
$ |
72,346,075 |
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 |
|
$ |
18,740,761 |
|
$ |
18,247,112 |
GRF |
430-200 |
|
Maintenance |
|
$ |
5,069,180 |
|
$ |
6,546,928 |
TOTAL GRF General Revenue Fund |
|
$ |
23,809,941 |
|
$ |
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 |
|
$ |
44,230,052 |
|
$ |
48,739,728 |
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 110a. OVB OHIO VISION BOARD
General Services Fund Group
4K9 |
057-601 |
|
Operating Expenses |
|
$ |
550,000 |
|
$ |
550,000 |
TOTAL GSF General Services Fund Group |
|
$ |
550,000 |
|
$ |
550,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
550,000 |
|
$ |
550,000 |
Section 111. DYS DEPARTMENT OF YOUTH SERVICES
GRF |
470-401 |
|
RECLAIM Ohio |
|
$ |
159,705,770 |
|
$ |
159,705,770 |
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 |
|
$ |
12,984,591 |
|
$ |
12,749,407 |
TOTAL GRF General Revenue Fund |
|
$ |
227,706,202 |
|
$ |
226,965,637 |
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 |
|
$ |
267,876,887 |
|
$ |
267,722,241 |
The Director of Budget and Management shall prepare a full zero-based budget for the biennium beginning July 1, 2005, for the Department of Youth Services. The Director shall offer the Department substantial technical assistance throughout the process of preparing their zero-based budget. The Department shall prepare a full zero-based budget in such manner and according to such schedule as the Director of Budget and Management requires. The zero-based budget shall, as the Director of Budget and Management determines, be in addition to or in place of the estimates of revenue and proposed expenditures that the Department otherwise would be required to prepare under section 126.02 of the Revised Code.
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 120a. FUND 4K9 TRANSFER TO GRF
On July 31, 2003, or as soon thereafter as possible, the Director of Budget and Management shall transfer $2,000,000 in cash from Fund 4K9, Occupational Licensing and Regulatory Fund, to the General Revenue Fund.
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 131A. That Section 7 of Sub. H.B. 196 of the 124th General Assembly be amended to read as follows:
Sec. 7. No one-year
conditional teaching permit in the
area of intervention specialist
shall be issued under this section
later than three years after
the effective date of this act Sub. H.B. 196 of the 124th General Assembly.
Unless the provisions of division (B) or (C) of section
3319.31 of the Revised Code apply to an applicant, the State Board
of Education shall issue a one-year conditional teaching permit in
the area of intervention specialist, as defined by rule of the
state board, to any applicant who meets the following conditions:
(A) Holds a bachelor's degree;
(B) Has successfully completed a basic skills test as
prescribed by the State Board;
(C) Has completed either as part of the applicant's degree
program or separate from it the equivalent of at least fifteen
semester hours of coursework in the principles and practices of
teaching exceptional children, including such topics as child and
adolescent development, diagnosis and assessment of children with
disabilities, curriculum design and instruction, applied
behavioral analysis, and how to best teach students from
culturally diverse backgrounds with different learning styles;
(D) The applicant has entered into a written agreement with
the Department of Education and the school district, community
school, or nonprofit or for profit entity operating an alternative
school under section 3313.533 of the Revised Code that will employ
the applicant under which the district, school, or entity will
provide for the applicant a structured mentoring program in the
teaching of exceptional children that is aligned with the
performance expectations prescribed by State Board rule for
entry-year teachers.
(E) The applicant agrees to complete while employed under the
one-year teaching permit the equivalent of an additional three
semester hours of coursework in the content and methods of
teaching reading. The coursework may be completed through classes
offered by regional professional development providers, such as
special education regional resource centers, regional professional
development centers, educational service centers, local
educational agencies, professional organizations, and institutions
of higher education, if the coursework is taken for credit in
collaboration with a college or university that has a teacher
education program approved by the State Board.
(F) The applicant agrees to seek at the conclusion of the
year in which the individual is employed under the one-year
teaching permit issued under this section an alternative educator
license issued under section 3319.26 of the Revised Code in the
area of intervention specialist. The applicant shall not be
reemployed by the school district, community school, or nonprofit
or for profit entity operating an alternative school under section
3313.533 of the Revised Code or be employed by another such
district, school, or entity unless that alternative educator
license is issued to the applicant prior to the beginning of the
next school year.
(G) The applicant pays the fee established under section
3319.51 of the Revised Code applicable to one-year conditional
teaching permits issued under section 3319.302 of the Revised
Code. Such fee shall be deposited in the State Board of Education
Licensure Fund in accordance with division (B) of section 3319.51
of the Revised Code.
Section 131B. That existing Section 7 of Sub. H.B. 196 of the 124th General Assembly is hereby repealed.
Section 131C. That Section 5 of Am. Sub. H.B. 524 of the 124th General Assembly be amended to read as follows:
Sec. 5. The items set forth in this section are hereby
appropriated out of
any moneys in the state treasury to the credit
of the Public School Building
Fund (Fund 021) that are not
otherwise appropriated.
SFC SCHOOL FACILITIES COMMISSION
CAP-622 |
|
Public School Buildings |
|
$ |
5,000,000 |
|
|
|
|
|
24,000,000 |
CAP-777 |
|
Disability Access Projects |
|
$ |
6,000,000 |
|
|
|
|
|
2,000,000 |
CAP-778 |
|
Exceptional Needs |
|
$ |
24,000,000 |
CAP-781 |
|
Big Eight Renovation Program |
|
$ |
6,770,781 |
CAP-783 |
|
Emergency School Building Assistance |
|
$ |
15,000,000 |
Total School Facilities Commission |
|
$ |
56,770,781 |
TOTAL Public School Building Fund |
|
$ |
56,770,781 |
DISABILITY ACCESS PROJECTS
The amount reappropriated for appropriation item CAP-777,
Disability Access Projects, shall be limited to $2,000,000 and used to fund capital projects
pursuant
to this section that make buildings more accessible to
students with
disabilities.
(A) As used in this section:
(1)
"Percentile" means the percentile in which a school
district
is ranked according to the fiscal year 1998 ranking of
school
districts with regard to income and property wealth under
division
(B) of section 3318.011 of the Revised Code.
(2)
"School district" means a city, local, or exempted
village
school district, but excludes a school district that is
one of
the state's twenty-one urban school districts as defined in
division (O)
of section 3317.02 of the Revised Code as that
section existed
prior to July 1, 1998.
(3)
"Valuation per pupil" means a district's total taxable
value
as defined in section 3317.02 of the Revised Code divided by
the
district's ADM as defined in division (A) of section 3317.02
of
the Revised Code as that section existed prior to July 1, 1998.
(B) The School Facilities Commission shall adopt rules for
awarding grants to school districts with a valuation per pupil
less than $200,000, to be used for construction, reconstruction,
or renovation projects in classroom facilities, the purpose of
which is to improve access to such facilities by physically
handicapped persons. The rules shall include application
procedures. No school district shall be awarded a grant under
this
section in excess of $100,000. In addition, any school
district
shall be required to pay a percentage of the cost of the
project
for which the grant is being awarded equal to the
percentile in
which the district is so ranked.
Section 131D. That existing Section 5 of Am. Sub. H.B. 524 of the 124 General Assembly is hereby repealed.
Section 132.01. That Sections 10 and 14 of Am. Sub. S.B. 242 of the 124th General Assembly be amended to read as follows:
Sec. 10. NET SCHOOLNET COMMISSION
Tobacco Master Settlement Agreement Fund Group
S87 |
228-602 |
|
Education Technology Trust Fund |
|
$ |
16,500,000 |
|
$ |
16,500,000 |
TOTAL TSF Tobacco Master |
|
|
|
|
|
|
Settlement Agreement Fund |
|
|
|
|
|
|
Group |
|
$ |
16,500,000 |
|
$ |
16,500,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
16,500,000 |
|
$ |
16,500,000 |
EDUCATION TECHNOLOGY TRUST FUND
The foregoing appropriation item 228-602, Education
Technology Trust Fund, shall be used by the SchoolNet Commission
for grants to school districts and other entities and for the
costs of administering these grants. Of the total amount for
grants, $1,917,293 in fiscal year 2003 shall be used for the Ohio
ONEnet project, $909,247 in fiscal year 2003 shall be used for the
INFOhio Network, $298,750 in fiscal year 2003 shall be used for
the JASON Project, $1,000,000 in fiscal year 2003 shall be used
for RISE Learning Solutions, and $200,000 in fiscal year 2003
shall be used for the Stark County School Teacher Technical
Training Center. The remaining amount for grants shall be made to
school districts.
The JASON Project shall provide funding for statewide access
and a seventy-five per cent subsidy for statewide licensing of
JASON content
for 90,000 middle school students statewide, and
professional
development for teachers participating in the JASON
Project.
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, and that shall be 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 program shall include an interactive
instructional component,
delivered using satellite television,
Internet, and with
facilitation, and 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 component of the 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-age children for learning.
The program shall utilize the grant to continue a
direct-service component 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 subsites 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
direct-service component
shall utilize systems currently available
in state-supported
technology programs and conduct the component
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
program.
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 components of the program, including two that shall 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. These two components shall include development of
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 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 program.
The commission shall use the remaining appropriation
authority in fiscal year 2003 and appropriation authority granted
in fiscal year 2004 to establish and equip, through the SchoolNet
Plus Program, at least one interactive computer station for each
five children enrolled in the sixth grade as determined by a
three-year average adjusted per pupil property valuation pursuant
to division (A) of section 3317.03 of the Revised Code. Districts
in the first two quartiles of wealth shall receive up to $380 per pupil
for students in grade six to purchase classroom computers for the
sixth grade. Districts in the third and fourth quartile shall
receive
approximately up to $188 per sixth grade pupil. If a district
has met the
state's goal of one computer to every five students,
the district
may use funds provided through the SchoolNet Plus
Program to
purchase computers for grade seven or to fulfill
educational
technology needs on other grades as specified in the
district's
technology plan. When there is at least one computer
for each five
children enrolled in the sixth grade, SchoolNet
shall use any
remaining funds appropriated to establish and equip
at least one
interactive computer workstation for each five
children enrolled
in the seventh grade as determined by the
previously defined
formula.
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 Sections 10 and 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 132.14. 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 132.14A. Section 3 of Sub. H.B. 403 of the 123rd General Assembly is hereby repealed.
Section 132.15. * The amendment of sections 4779.08 to 4779.12, 4779.15 to 4779.18, 4779.20 to 4779.27, 4779.30, 4779.32, and 4779.33 of the Revised Code is not intended to supersede the earlier repeal, with delayed effective date, of those sections.
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 136A. (A) On the effective date of this section, the following programs administered by the Ohio School Facilities Commission are terminated:
(1) The Short-Term Loan Program established by Section 10.01 of Am. Sub. H.B. 282 of the 123rd General Assembly;
(2) The Extreme Environmental Contamination Program established by Section 10.02 of Am. Sub. H.B. 282 of the 123rd General Assembly, as subsequently amended;
(3) The Emergency School Repair Program codified in section 3318.35 of the Revised Code;
(4) The School Building Emergency Assistance Program codified in section 3318.351 of the Revised Code.
No new school district shall be served under any of these programs. The Commission may continue serving school districts that were receiving assistance under any of these programs before the effective date of this section in accordance with terms and agreements in effect on that date.
(B) On March 31, 2004, the Disability Access Program established by Section 50.15 of Am. Sub. H.B. 215 of the 122nd General Assembly, Section 5 of Am. Sub. S.B. 102 of the 122nd General Assembly, as subsequently amended, Section 10 of Am. Sub. H.B. 282 of the 123rd General Assembly, as subsequently amended, Section 102.01 of Am. Sub. H.B. 94 of the 124th General Assembly, and Section 5 of Am. Sub. H.B. 524 of the 124th General Assembly is terminated.
No new school district shall be served under this program. The Commission may continue serving school districts that were receiving assistance under this program before the effective date of this section in accordance with terms and agreements in effect on that date.
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 137A. CREATION OF A JOINT VOCATIONAL-COMMUNITY COLLEGE IN WARREN COUNTY
(A) Notwithstanding section 3333.05 of the Revised Code, the Ohio Board of Regents shall issue a charter for a new community college, as defined by division (C) of section 3354.01 of the Revised Code, to be operated jointly with the Warren County Career Center on a pilot basis in fiscal years 2004 and 2005, provided the following conditions are met:
(1) The Warren County Career Center joint vocational school board approves, by resolution, the establishment of a joint vocational-community college within the Career Center.
(2) The local workforce policy board, established under section 6301.06 of the Revised Code, in which the majority of the Career Center territory is located approves, by resolution, the establishment of a joint vocational-community college within the Career Center.
(3) The Warren County Career Center joint vocational school board and the local workforce policy board submit a community college plan that conforms to the requirements of section 3354.07 of the Revised Code to the Board of Regents.
(B) The joint vocational-community college established under this section shall function as:
(1) A provider of career-technical education to secondary school students subject to all laws applicable to joint vocational school districts under Title XXXIII of the Revised Code, unless this section provides otherwise;
(2) A provider of arts and sciences and technical instructional programs, not exceeding two years' duration, for postsecondary school students, subject to all laws applicable to community colleges under Chapters 3345. and 3354. of the Revised Code, unless this section provides otherwise;
(3) A provider of arts and sciences and technical instructional programs for secondary school students participating in the postsecondary enrollment options program under Chapter 3365. of the Revised Code.
(C) Within ninety days of the establishment of the joint vocational-community college under this section, the joint vocational-community college shall be managed and controlled by a board of education comprised of all members of the joint vocational school district board of education holding office in accordance with section 3311.19 of the Revised Code and members appointed by the Governor in a number that is equivalent to one-third of the number of members of the joint vocational school district board of education.
The members appointed by the Governor shall be representatives of the business community who reside within the territory of the joint vocational school district. Appointed members shall serve for terms ending June 30, 2005. Vacancies shall be filled in the same manner as 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 such term.
All members of the joint vocational-community college board of education are eligible for compensation, expense reimbursement, and training program expenses as provided by section 3311.19 of the Revised Code.
Except as provided in this section, upon the formation of the joint vocational-community college board of education, the board shall have all the same powers, duties, and authority for the management and operation of the joint vocational-community college as is granted by law to both a joint vocational school district board of education and community college board of trustees under the Revised Code.
(D) The community college district of the joint vocational-community college is comprised of the same territory as the Warren County Career Center joint vocational school district.
(E) In accordance with section 3333.04 of the Revised Code, the Board of Regents shall approve appropriate associate degree programs to be offered by the joint vocational-community college.
(F) In calculating the subsidy entitlement of the joint vocational-community college for activities performed in furtherance of its duties under division (B)(2) of this section, the Board of Regents shall assign the institution to categories described in the formulas established in Section 88.04 of this act and use the procedures required by the system of formulas that have been established by the Board of Regents. The joint vocational-community college shall only be eligible to receive eighty per cent of the subsidy entitlement calculated under this division.
(G) The joint vocational-community college established by this section shall be ineligible to receive state financial assistance for capital improvements otherwise available to community colleges under Chapter 3345. or 3354. of the Revised Code.
(H) All funds received by the joint vocational-community college to carry out its duties under division (B)(1) and (3) of this section shall be kept separate from all funds received by the joint vocational-community college to carry out its duties under division (B)(2) of this section. All revenues from taxes levied by the joint vocational school district shall be kept separate from all revenues of any taxes levied by the community college district.
(I) The joint vocational-community college is eligible for classroom facilities assistance under sections 3318.40 to 3318.46 of the Revised Code.
(J) By June 30, 2005, the board of education of the joint vocational-community college shall submit a report to the Board of Regents on the status of the joint vocational-community college pilot program. This report shall include information on the effectiveness of the pilot program, statistics of students enrolling in postsecondary courses for college credit, retention rates of students enrolling in courses for college credit, and any other information that the board of education or the Board of Regents determines to be relevant.
Section 137B. (A) As used in this section, "pharmacy provider" has the same meaning as in rule 5101:3-9-01 of the Administrative Code.
(B) The Department of Job and Family Services shall establish the Medication Management Incentive Payment Program for state fiscal years 2004 and 2005 for pharmacy services provided Medicaid recipients other than those who reside in a nursing facility or an intermediate care facility for the mentally retarded. Any pharmacy provider that serves Medicaid recipients may elect to participate in the Program in one or both of the state fiscal years that it is in effect.
(C) The Department of Job and Family Services shall do the following:
(1) Determine the statewide monthly average cost of providing pharmacy services to Medicaid recipients other than those who reside in a nursing home or an intermediate care facility for the mentally retarded during the last quarter of the biennium ending June 30, 2003;
(2) Establish a reimbursement rate for pharmacy services provided under the Medication Management Incentive Payment Program for the first quarter of the biennium ending June 30, 2005.
(D) Under the Medication Management Incentive Payment Program:
(1) If a participating pharmacy provider's average monthly cost of providing pharmacy services to a number of Medicaid recipients specified by the Department of Job and Family Services in a quarter after the first quarter of the biennium ending June 30, 2003, is greater than or equal to the statewide monthly average cost of providing pharmacy services during the last quarter of the biennium ending June 30, 2003, the pharmacy provider shall be reimbursed at the rate established by the Department for the first quarter of the biennium ending June 30, 2005.
(2) If a participating pharmacy provider's average monthly cost of providing pharmacy services to the number of Medicaid recipients specified by the Department of Job and Family Services in a quarter after the first quarter of the biennium ending June 30, 2003, is less than the statewide monthly average cost of providing pharmacy services during the last quarter of the biennium ending June 30, 2003, the pharmacy provider shall be reimbursed at an enhanced rate established by the Department.
(E) A pharmacy provider that elects to participate in the program may achieve a reduction in its average monthly cost for providing pharmacy services to Medicaid recipients by providing consulting services to the physicians who prescribe drugs to the recipient. These consulting services may include recommendations for eliminating unnecessary and duplicative drug therapies, modifying inefficient drug regimens, and implementing safe and cost-effective drug therapies.
(F) The Department of Job and Family Services shall adopt, in accordance with Chapter 119. of the Revised Code, any rule it considers necessary to develop and administer the Medication Management Incentive Payment Program. The rules may provide for compensation for physicians who consult with pharmacy providers that participate in the program.
Section 137C. OFFICE OF QUALITY SERVICES FUND TRANSFERS
Notwithstanding any other provision of law to the contrary, the Director of Budget and Management shall transfer any remaining amounts of cash from the following specified obsolete fund to the General Revenue Fund within thirty days after the effective date of this section: Quality Services (General Services Fund 4C1). The amount of such transfer to the General Revenue Fund is hereby appropriated to General Revenue Fund appropriation item 042-409, Commission Closures.
Section 137D. TRANSFER FROM BOARD OF TAX APPEALS
Notwithstanding any other provision of law to the contrary, on July 31, 2003, or as soon thereafter as possible, the Director of Budget and Management shall transfer any remaining amounts of cash from the following specified obsolete fund to the General Revenue Fund: Reproduction of Decisions (General Services Fund 439).
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 Financial 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 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.
(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 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 142.02A. STATE SERVICES REVIEW
(A) The Office of Budget and Management shall review all services provided by the state that are of a commercial nature, including services provided by public universities, to determine which of those services may be opened to competition with private enterprise.
(B) Not later than December 31, 2003, the Office of Budget and Management shall issue a report to the Governor, the Speaker of the House of Representatives, and the President of the Senate regarding the review conducted under division (A) of this section. The report shall identify which services of a commercial nature provided by the state may be opened to competition with private enterprise and shall contain recommendations on the manner in which those services may be opened to competition.
(C) By July 1, 2004, the Office of Budget and Management shall implement a program to open to competition with private enterprise at least five per cent of the services identified as capable of being opened to such competition in the report issued under division (B) of this section.
(D)(1) The Office of Budget and Management shall develop a proposal, subject to approval by the General Assembly, for a program to provide incentives to public employees and state agencies for identifying services provided by this state that may be opened to competition with private enterprise and for implementing programs to open those services to such competition. The incentives provided in the proposal may include, but are not limited to, both of the following:
(a) Cash payments made to employees;
(b) State agencies retaining a percentage of any budgetary savings realized through the implementation of competition with private enterprise.
(2) The Office of Budget and Management shall submit the proposal developed under division (D)(1) of this section to the General Assembly not later than March 31, 2004.
(E) As used in this section:
(1) "Commercial" means performing services or providing goods that normally can be obtained from a private enterprise.
(2) "Private enterprise" means an individual, firm, partnership, joint venture, corporation, association, or other legal entity engaging, in the private sector, in the manufacturing, processing, sale, offering for sale, rental, leasing, delivery, dispensing, distributing, or advertising of goods or services for profit.
Section 142.02B. STATE SERVICES REVIEW
(A) The Office of Budget and Management shall review the structure of delivery of all administrative support services within the government of the state. The review shall include, but shall not be not limited to, each of the following categories of administrative support services:
(1) Fiscal management and oversight;
(B) The purpose of the review conducted under this section shall be to determine the efficiency of the provision of administrative support services within state government. For each category of administrative support services, the review shall include all of the following:
(1) An accounting of all personnel engaged in the relevant service;
(2) Consideration of the responsibility and role of each service;
(3) A determination of the existence of duplicative equipment and systems;
(4) The appropriate level of oversight;
(5) The current role of the Department of Administrative Services and the Office of Budget and Management in providing oversight;
(6) Operational efficiencies;
(7) The cost of providing the services.
(C) Not later than January 31, 2004, the Office of Budget and Management shall issue a report to the General Assembly making recommendations for the consolidation, reformation, and restructuring of the services reviewed under division (A) of this section. The report shall identify any changes required to be made to codified or uncodified statutes to implement its recommendations.
Section 142.02C. STATE SERVICES REVIEW
(A) The Office of Budget and Management shall develop a rating system for evaluating the effectiveness of all state programs. In evaluating the effectiveness of state programs, the rating system may consider all of the following:
(1) The cost of the program;
(2) The accountability of any spending by the program;
(3) The appropriateness of state government providing the services offered through the program;
(4) The impact of the program;
(5) Whether the program is meeting its stated goals, if any.
(B) Not later than May 1, 2004, the Office of Budget and Management shall submit the rating system developed under division (A) of this section to the General Assembly. If the General Assembly fails to prohibit the rating system from taking effect within sixty days after the rating system is so submitted, the Office of Budget and Management shall implement the rating system.
(C) If a rating system is implemented under division (B) of this section, the Governor, in submitting the proposed operating budget for the 2006-2007 biennium to the General Assembly, shall include with that proposed budget a catalog indicating the rating received by each program operated by this state.
Section 142.02D. STATE SERVICES REVIEW
(A) There is hereby created the Asset and Enterprise Review Committee, the purposes of which are to inventory and appraise all assets and enterprises of the state, to review those assets and enterprises to determine which of them may be sold, leased, or otherwise removed from state ownership or operation, to make recommendations as to the process and timeframe for the disposal of such assets and enterprises, and to make recommendations regarding the manner in which any cost savings realized through the disposal of such assets and enterprises shall be dispersed. In determining the manner in which cost savings shall be dispersed, the Committee shall consider recommending that the agency that owns or controls the asset or enterprise being disposed of be allowed to retain a portion of the savings realized through that disposal.
(B)(1) The Committee shall consist of thirteen members to be appointed as follows:
(a) The Director of Administrative Services or the Director's designee;
(b) The Director of Budget and Management, or the Director's designee;
(c) Two members of the Governor's administration, to be appointed by the Governor;
(d) Three members of the House of Representatives, to be appointed by the Speaker of the House of Representatives;
(e) Three members of the Senate, to be appointed by the President of the Senate;
(f) One member of the private sector, to be appointed by the Governor;
(g) One member of the private sector, to be appointed by the Speaker of the House of Representatives;
(h) One member of the private sector, to be appointed by the President of the Senate.
(2) Members shall be appointed within thirty days after the effective date of this section. Vacancies on the Committee shall be filled in the manner provided for original appointments.
(3) In appointing the legislative members of the Committee, the Speaker of the House of Representatives and the President of the Senate each shall designate one member as a co-chairperson of the Committee. The co-chairpersons shall convene such meetings of the Committee as they consider necessary to carry out its purposes.
(C) Members of the Committee shall receive no compensation, but shall be reimbursed for necessary expenses incurred in the performance of their official duties.
(D) For the sole purpose of permitting membership on the Committee and the holding of any other public office or employment, membership on the Committee does not constitute the holding of any other public office or employment. No member of the Committee is disqualified from holding any public office or employment, nor does any member of the Committee forfeit any public office or employment, by reason of the member's position as a member of the Committee.
(E) Not later than December 31, 2003, the Committee shall prepare its inventory, appraisal, and all required recommendations and file a written copy of them with the Governor, the Speaker of the House of Representatives, and the President of the Senate. When the Committee has filed its inventory, appraisal, and recommendations as required by this division, it shall cease to exist.
Section 142.02E. By not later than September 1, 2004, the Department of Administrative Services shall issue a report to the General Assembly that indicates how it has implemented the recommendations from the 2002 report entitled "Administrative Analysis of the Ohio Fleet Management Program" or explain why the Department has not implemented the recommendations.
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 145.01A. On the effective date of this section, the Commission on African-American Males is abolished and all of its functions, and assets and liabilities, are transferred to the Commission on Minority Health through the operation by the Commission on Minority Health of an African-American Males Program, as provided in Section 1 of this act. The Commission on Minority Health is thereupon and thereafter successor to, assumes the obligations of, and otherwise constitutes the continuation of the Commission on African-American Males.
Any business commenced but not completed by the Commission on African-American Males on the effective date of this section shall be completed by the Commission on Minority Health in the same manner, and with the same effect, as if completed by the Commission on African-American Males. 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 Commission on Minority Health. All rules, orders, and determinations of the Commission on African-American Males continue in effect as rules, orders, and determinations of the Commission on Minority Health, until modified or rescinded by the Commission on Minority Health. If necessary to ensure the integrity of the numbering of the Administrative Code, the Director of the Legislative Service Commission shall renumber rules of the Commission on African-American Males to reflect their transfer to the Commission on Minority Health.
All employees of Commission on African-American Males cease to hold their positions of employment on the effective date of this section.
The Director of Budget and Management shall determine the amount of the unexpended balances in the appropriation accounts that pertain to the Commission on African-American Males and shall recommend to the Controlling Board their transfer to the appropriation accounts that pertain to the Commission on Minority Health. The Chairperson of the Commission on African-American Males shall provide full and timely information to the Controlling Board to facilitate this transfer.
Wherever the Commission on African-American Males or the Chairperson of the Commission on African-American Males is referred to in any law, contract, or other document, the reference shall be deemed to refer to the Commission on Minority Health or the Chairperson of the Commission on Minority Health, whichever is appropriate.
No action or proceeding pending on the effective date of this act is affected by the transfer, and shall be prosecuted or defended in the name of the Commission on Minority Health or the Chairperson of the Commission on Minority Health. In all such actions and proceedings, the Commission on Minority Health or the Chairperson of the Commission on Minority Health, upon application to the court, shall be substituted as a party.
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 145.03A. (A) There is hereby created the Ohio Autism Task Force consisting of the following members:
(1) All of the following persons to be appointed by the Governor:
(a) A person diagnosed with autism;
(b) Four persons who are parents of children diagnosed with autism;
(c) A special education administrator of an Ohio school district;
(d) A representative of the Ohio Association of County Boards of Mental Retardation and Developmental Disabilities;
(e) A representative of the Ohio Developmental Disabilities Council;
(f) A representative of the Autism Society of Ohio;
(g) A developmental pediatrician who is a member of the Ohio Association of Pediatricians;
(h) Two representatives from private schools in Ohio that provide special education services to children diagnosed with autism;
(i) Two representatives from Ohio hospitals that provide services to children diagnosed with autism.
(2) Two members of the House of Representatives, one from the majority party and one from the minority party, appointed by the Speaker of the House of Representatives;
(3) Two members of the Senate, one from the majority party and one from the minority party, appointed by the President of the Senate;
(4) The Director of Mental Retardation and Developmental Disabilities or the Director's designee;
(5) The Director of Job and Family Services or the Director's designee;
(6) The Superintendent of Public Instruction or the Superintendent's designee.
(B) All appointments and designations to the Task Force shall be made not later than thirty days after the effective date of this section. Any vacancy that occurs on the Task Force shall be filled in the same manner as the original appointment. The members of the Task Force shall serve without compensation.
(C) The initial meeting of the Task Force shall be held not later than sixty days after the effective date of this section. At its initial meeting, the Task Force shall elect from its membership a chairperson and other officers it considers necessary. Thereafter, the Task Force shall meet on the call of the chairperson.
(D) The Department of Mental Retardation and Developmental Disabilities shall provide meeting facilities and other support as necessary for the Task Force.
(E) The Task Force shall study and make recommendations regarding both of the following:
(1)The growing incidence of autism in Ohio;
(2)Ways to improve the delivery in this state of autism services.
(F) Not later than one year after the effective date of this section, the Task Force shall submit a written report of its recommendations to the Governor, the Speaker of the House of Representatives, and the President of the Senate.
(G) On submission of its report, the Task Force shall cease to exist.
Section 145.03B. (A) There is hereby created the Task Force to Eliminate Health Services Duplication. The Director of Administrative Services shall serve as chairperson. The Directors of Aging, Alcohol and Drug Addiction Services, Health, Mental Health, Mental Retardation and Developmental Disabilities, and Budget and Management, and the Executive Director of the Commission on Minority Health, or persons they designate, shall serve on the Task Force. The Commission on Dispute Resolution and Conflict Management shall provide technical and support services for the Task Force.
(B) 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.
(C) The Task Force shall do all of the following:
(1) Evaluate the feasibility of combining all or parts of the Department of Aging, the Department of Alcohol and Drug Addiction Services, the Commission on Minority Health, the Department of Health, the Department of Mental Health, and the Department of Mental Retardation and Developmental Disabilities to eliminate duplication of services;
(2) Evaluate the feasibility of establishing a central procurement point for basic operational services associated with each department, including human resources, training, research, legislative information, fiscal management, and public information.
(D) Not later than March 31, 2004, the Task Force shall submit a report of its findings and recommendations to the Speaker and Minority Leaders of the House of Representatives and to the President and Minority Leader of the Senate. On submission of its report, the Task Force shall cease to exist.
Section 145.03C. Upon the taking effect of this section, the State Board of Orthotics, Prosthetics, and Pedorthics is abolished and all of its functions, and assets and liabilities, are transferred to the State Medical Board. The State Medical Board is thereupon and thereafter successor to, assumes the obligations of, and otherwise constitutes the continuation of State Board of Orthotics, Prosthetics, and Pedorthics.
Any business commenced but not completed by the State Board of Orthotics, Prosthetics, and Pedorthics or the Secretary of the Board on the effective date of this section shall be completed by the State Medical Board or the President of the State Medical Board in the same manner, and with the same effect, as if completed by the State Board of Orthotics, Prosthetics, and Pedorthics or the Secretary of the State Board of Orthotics, Prosthetics, and Pedorthics. No validation, cure, right, privilege, remedy, obligation, or liability is lost or impaired by reason of the transfer required by this section and shall be administered by the State Medical Board. All of the State Board of Orthotics, Prosthetics, and Pedorthics's rules, orders, and determinations continue in effect as rules, orders, and determinations of the State Medical Board, until modified or rescinded by the State Medical Board. If necessary to ensure the integrity of the numbering of the Administrative Code, the Director of the Legislative Service Commission shall renumber the State Board of Orthotics, Prosthetics, and Pedorthics's rules to reflect their transfer to the State Medical Board.
Subject to the lay-off provisions of sections 124.321 to 124.328 of the Revised Code, all of the State Board of Orthotics, Prosthetics, and Pedorthics's employees are transferred to the State Medical Board and retain their positions and all of the benefits accruing thereto.
The Director of Budget and Management shall determine the amount of the unexpended balances in the appropriate accounts that pertain to the State Board of Orthotics, Prosthetics, and Pedorthics and shall recommend to the Controlling Board their transfer to the appropriation accounts that pertain to the State Medical Board. The Secretary of the State Board of Orthotics, Prosthetics, and Pedorthics shall provide full and timely information to the Controlling Board to facilitate this transfer.
Wherever the State Board of Orthotics, Prosthetics, and Pedorthics or the Secretary of the State Board of Orthotics, Prosthetics, and Pedorthics is referred to in any law, contract, or other document, the reference shall be deemed to refer to the State Medical Board or President of the State Medical Board, whichever is appropriate.
No action or proceeding pending on the effective date of this section is affected by the transfer, and shall be prosecuted or defended in the name of the State Medical Board or the President of the State Medical Board. In all such actions and proceedings, the State Medical Board or President of the State Medical Board upon application to the court shall be substituted as a party.
Section 145.03D. * Within sixty days after the effective date of this section, the Auditor of State shall appoint an entity to serve as the Coordinator for Community Schools pursuant to section 3314.18 of the Revised Code, as enacted by this act. Prior to making an appointment, the Auditor of State shall solicit applications from entities interested in serving as the Coordinator for Community Schools.
Section 145.03E. On July 1, 2003, the Ohio Coal Development Office of the Department of Development is abolished and all of its functions, and assets and liabilities, are transferred to the Ohio Coal Development Office of the Ohio Air Quality Development Authority. The Ohio Coal Development Office of the Ohio Air Quality Development Authority is thereupon and thereafter successor to, assumes the obligations of, and otherwise constitutes the continuation of the Ohio Coal Development Office of the Department of Development.
Any business commenced but not completed by the Ohio Coal Development Office of the Department of Development or the Director of that office on the effective date of this section shall be completed by the Ohio Coal Development Office of the Ohio Air Quality Development Authority or the Director of that office in the same manner, and with the same effect, as if completed by the Ohio Coal Development Office of the Department of Development or the Director of that office. Any validation, cure, right, privilege, remedy, obligation, or liability is not lost or impaired by reason of the transfer required by this section and shall be administered by the Ohio Coal Development Office of the Ohio air Quality Development Authority. All of the rules, orders, and determinations of the Ohio Coal Development Office of the Department of Development or of the Director of Development in relation to that office continues in effect as rules, orders, and determinations of the Ohio Coal Development Office of the Ohio Air Quality Development Authority, until modified or rescinded by that office or by the Ohio Air Quality Development Authority in relation to that office. If necessary to ensure the integrity of the numbering of the Administrative Code, the Director of the Legislative Service Commission shall renumber rules of the Director of Development in relation to the Ohio Coal Development Office of the Department of Development to reflect their transfer to the Ohio Air Quality Development Authority.
Subject to the lay-off provisions of sections 124.321 to 124.328 of the Revised Code, all of the employees of the Ohio Coal Development Office of the Department of Development are transferred to the Ohio Coal Development Office of the Ohio Air Quality Development Authority and retain their positions and all the benefits accruing thereto.
Whenever the Ohio Coal Development Office in the Department of Development or the Director of Development in relation to that office is referred to in any law, contract, or other document, the reference shall be deemed to refer to the Ohio Coal Development Office of the Ohio Air Quality Development Authority or the Authority in relation to that office, whichever is appropriate.
Any action or proceeding pending on the effective date of this section is not affected by the transfer and shall be prosecuted or defended in the name of the Ohio Air Quality Development Authority or its Ohio Coal Development Office. In all such actions and proceedings, the Ohio Air Quality Development Authority or its Ohio Coal Development Office upon application to the court shall be substituted as a party.
Section 145.03F. The Parole Board shall review the sentences of prisoners who are confined in state correctional institutions and who were sentenced under the Felony Sentencing Law that was in effect prior to July 1, 1996, to determine the appropriateness of those sentences and to determine whether the length of any of those sentences should be adjusted. The Parole Board shall conduct this review in cooperation with the Department of Rehabilitation and Correction. The Parole Board shall prepare a report that contains its findings and makes recommendations regarding further action. Not later than one year after the effective date of this section, the Parole Board shall submit the report to the Speaker and Minority Leader of the House of Representatives, the President and Minority Leader of the Senate, the chair of the House Criminal Justice Committee, and the chair of the Senate Judiciary Committee on Criminal Justice.
As used in this section, "state correctional institution" has the same meaning as in section 2967.01 of the Revised Code.
Section 145.03G. On September 1, 2003, and subject to the lay-off provisions of sections 124.321 to 124.328 of the Revised Code, all employees of state agencies, as defined by section 125.831 of the Revised Code as repealed and re-enacted by this act, who are responsible for the purchase, lease, repair, maintenance, registration, and insuring, and for all other responsibilities related to the possession and operation of, motor vehicles used by a state agency are transferred to the Department of Administrative Services and shall retain their positions and all of the benefits accruing thereto.
Section 145.03H. On September 1, 2003, motor vehicles used by state agencies, as each term is defined by section 125.831 of the Revised Code as repealed and re-enacted by this act, that have been driven 1,200 business miles or less per month for the previous twelve months shall be considered excess and shall be returned by the state agency to the Department of Administrative Services for reassignment or sale. Proceeds from the sale of these motor vehicles shall be paid to the credit of the Budget Stabilization Fund.
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 146.04. The repeal by this act of sections 122.12, 173.45, 173.46, 173.47, 173.48, 173.49, 173.50, 173.51, 173.52, 173.53, 173.54, 173.55, 173.56, 173.57, 173.58, 173.59, 1553.01, 1553.02, 1553.03, 1553.04, 1553.05, 1553.06, 1553.07, 1553.08, 1553.09, 1553.10, 1553.99, 3301.581, 3302.041, 3317.11, 3318.35, 3318.351, 3701.142, 3701.144, 4141.044, 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 sections 4725.40, 4725.41, 4725.42, 4725.43, 4725.44, 4725.45, 4725.46, 4725.47, 4725.48, 4725.49, 4725.50, 4725.51, 4725.52, 4725.53, 4725.531, 4725.54, 4725.55, 4725.56, 4725.57, 4725.58, and 4725.59 of the Revised Code is not subject to the referendum under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code and goes into effect on July 31, 2003.
Section 146.06. (A) Sections 117.45, 121.04, 122.658, 124.03, 126.11, 127.16, 131.23, 163.06, 173.08, 307.202, 323.01, 329.03, 329.04, 329.051, 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, 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, 3311.52, 3313.647, 3313.90, 3313.979, 3313.981, 3314.083, 3316.08, 3317.01, 3317.012, 3317.013, 3317.02, 3317.0217, 3317.022, 3317.023, 3317.024, 3317.029, 3317.03, 3317.032, 3317.034, 3317.05, 3317.064, 3317.07, 3317.081, 3317.10, new 3317.11, 3317.16, 3318.37, 3319.227, 3319.302, 3323.12, 3323.16, 3332.04, 3365.04, 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, 3733.43, 3733.45, 3734.28, 3734.57, 3745.40, 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, 4117.10, 4117.14, 4123.27, 4141.09, 4511.75, 4723.06, 4723.08, 4723.082, 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, 5101.18, 5101.181, 5101.214, 5101.36, 5101.58, 5101.59, 5101.75, 5101.80, 5103.155, 5104.01, 5104.02, 5104.04, 5104.30, 5104.32, 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, 5111.174, 5111.175, 5111.20, 5111.206, 5111.21, 5111.211, 5111.22, 5111.222, 5111.25, 5111.252 (5123.199), 5111.28, 5111.29, 5111.30, 5111.31, 5111.65, 5111.66, 5111.661, 5111.67, 5111.671, 5111.672, 5111.673, 5111.674, 5111.675, 5111.676, 5111.677, 5111.68, 5111.681, 5111.682, 5111.683, 5111.684, 5111.685, 5111.686, 5111.687, 5111.688, 5111.689, 5111.6810, 5111.85, 5111.87, 5111.871, 5111.872, 5111.873, 5111.911, 5111.912, 5111.913, 5111.98, 5111.981, 5111.982, 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, 5123.1910, 5123.38, 5126.01, 5126.042, 5126.12, 5153.78, 5501.03, 5502.13, 5519.01, 5705.19, 5709.64, 5735.05, 5735.053, 5735.23, 5735.26, 5735.291, 5735.30, and 6109.21 of the Revised Code as amended or enacted by this act, and the items of law of which such sections as amended or enacted by this act are composed, are not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, such sections as amended or enacted by this act, and the items of law of which such sections as amended or enacted by this act are composed, go into immediate effect when this act becomes law.
(B) The amendment of sections 4725.01, 4725.02, 4725.03, 4725.04, 4725.05, 4725.06, 4725.07, 4725.08, 4725.09, 4725.10, 4725.11, 4725.12, 4725.13, 4725.15, 4725.16, 4725.17, 4725.171, 4725.18, 4725.19, 4725.20, 4725.21, 4725.22, 4725.23, 4725.24, 4725.26, 4725.27, 4725.28, 4725.29, 4725.31, 4725.33, 4725.34, 4725.99, 4734.99, and 5903.12 of the Revised Code is not subject to the referendum under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code and goes into effect on July 31, 2003.
(C) Sections 3301.31, 5111.173, 5111.221, 5111.24, 5111.241, 5111.251, 5111.255, 5111.257, 5111.261, 5111.262, and 5111.264 of the Revised Code as repealed and reenacted by this act, and the items of law of which they 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 repealed and reenacted by this act go into immediate effect when this act becomes law.
Section 146.06A. (A) Except as otherwise provided by this act, the amendments to section 125.22 of the Revised Code are not subject to the referendum under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code and go into effect on July 31, 2003.
(B) The amendment by this act to section 125.22 of the Revised Code that removes the Ohio Commission on African-American Males from the list of boards and commissions for which the Central Service Agency of the Department of Administrative Services performs routine support is subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1c and section 1.471 of the Revised Code, the amendment 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 amendment, or against any item of law it contains, the amendment or item, unless rejected at the referendum, takes effect at the earliest time permitted by 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) 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 146.14. 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 146.15A. * Sections 125.831, 125.832, 125.833, and 125.834 of the Revised Code, as enacted or repealed and re-enacted by this act, shall take effect September 1, 2003.
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 148.03. 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 148.03A. Section 125.22 of the Revised Code is presented in
this act as a composite of the section as amended by both Am. Sub. H.B. 374 and Am. Sub. H.B. 496 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 148.03B. * The version of section 2305.234 of the Revised Code that is scheduled to take effect January 1, 2004, is presented in
this act as a composite of the section as amended by both Am. Sub. H.B. 490 and Am. Sub. S.B. 281 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 148.03C. Section 2743.02 of the Revised Code is presented in
this act as a composite of the section as amended by both Am. Sub. S.B. 115 and Am. Sub. S.B. 281 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 148.03D. Section 3314.03 of the Revised Code is presented in
this act as a composite of the section as amended by both Sub. H.B. 248 and Sub. H.B. 364 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 148.05A. Section 3319.07 of the Revised Code is presented
in this act
as a composite of the section as amended by both
Am.
Sub. H.B. 117 and Am. Sub. H.B. 223 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 148.05B. Section 3319.36 of the Revised Code is presented in
this act as a composite of the section as amended by both Sub. H.B. 81 and Am. Sub. S.B. 230 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 148.06. * 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 148.06A. Section 4725.114 (4725.33) of the Revised Code is presented in
this act as a composite of the section as amended by both Am. Sub. H.B. 553 and Sub. H.B. 698 of
the 122nd General Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composite is the resulting
version of the section in effect prior to the effective date of
the section as presented in this act.
Section 148.06B. * Section 4503.234 of the Revised Code is
presented in Section 1 of this act
as a composite of the section as amended by
both
Am. Sub. H.B. 353 and Am. Sub. H.B. 676 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 148.07. * 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 148.13. 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 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.