SENATORS Carnes, Jacobson, Blessing, Goodman
A BILL
To amend sections 9.01, 9.83, 101.34, 101.72, 101.82, 102.02, 109.57, 109.572, 109.71, 117.101, 117.16, 117.44, 117.45, 119.035, 121.04,
121.08, 121.084, 121.41, 121.48, 121.62, 122.011, 122.04, 122.08, 122.17, 122.171, 122.25, 122.651, 122.658,
122.87, 122.88, 123.01, 124.03, 124.15, 124.152, 124.181, 125.15, 125.91, 125.92, 125.93, 125.95, 125.96,
125.98, 127.16, 131.02, 131.23, 131.35, 131.41, 145.38, 147.01, 147.37, 149.011, 149.30, 149.31, 149.33,
149.331, 149.332, 149.333, 149.34, 149.35, 153.65, 164.27, 165.09, 173.06, 173.061, 173.062, 173.07, 173.071, 173.14, 173.26, 173.54, 175.03, 175.21, 175.22, 183.02, 306.35, 306.99,
307.86, 307.87, 307.93, 307.98, 307.981, 307.987, 311.17, 317.32, 321.24, 323.01, 323.13, 325.31,
329.03, 329.04, 329.05, 329.051, 329.06, 340.021, 340.03, 341.05, 341.25, 504.03, 504.04, 505.376, 507.09, 511.12, 515.01, 515.07, 521.05, 715.013, 718.01, 718.02, 718.05, 718.11, 718.14, 718.15, 718.151, 731.14, 731.141, 735.05, 737.03, 753.22, 901.17, 901.21, 901.22, 901.63, 902.11, 921.151, 927.53, 927.69, 929.01, 955.51, 1309.109, 1317.07, 1321.21,
1333.99, 1337.11, 1346.02, 1501.04, 1503.05, 1513.05, 1515.08, 1519.05, 1521.06, 1521.063, 1531.26, 1533.08, 1533.10, 1533.101, 1533.11, 1533.111,
1533.112, 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, 1541.10, 1563.42, 1702.59, 1711.13, 1711.15, 1711.17, 2101.16,
2117.06, 2117.25, 2133.01, 2151.352, 2151.3529, 2151.3530, 2151.83, 2151.84, 2152.19, 2301.58, 2305.234, 2329.07, 2329.66, 2505.13,
2715.041, 2715.045, 2716.13, 2743.02, 2743.60, 2915.01, 2915.02, 2915.08, 2915.09, 2915.091, 2915.092, 2915.093, 2915.10, 2915.101, 2915.13, 2917.41, 2921.13, 2923.35, 2925.44, 2929.38, 2933.43, 2935.01, 2935.36, 2949.091, 3111.04, 3119.01, 3121.01, 3123.952, 3125.12, 3301.0710, 3301.0711, 3301.0714, 3301.52, 3301.53, 3301.54, 3301.55,
3301.57, 3301.58, 3301.68, 3301.80, 3302.03, 3311.05, 3311.24, 3311.26, 3313.41, 3313.843, 3313.976, 3313.978, 3313.979, 3313.981, 3314.02, 3314.041, 3314.07, 3314.08, 3314.17, 3316.031, 3316.08, 3317.012, 3317.013,
3317.014, 3317.022, 3317.023, 3317.024, 3317.029, 3317.0217, 3317.03,
3317.032, 3317.05, 3317.064, 3317.07, 3317.09, 3317.10, 3317.15, 3317.16, 3318.01, 3318.03, 3318.042, 3318.05, 3318.06, 3318.08, 3318.30, 3318.31,
3318.37, 3318.41, 3319.01, 3319.02, 3319.03, 3319.07, 3319.19, 3319.22, 3319.33, 3319.36, 3323.16, 3327.01, 3327.011, 3329.06, 3329.08, 3332.04, 3333.12, 3353.11, 3361.01, 3375.41, 3377.01, 3377.06, 3383.01, 3383.07, 3501.18, 3501.30, 3503.10, 3505.01, 3505.061, 3505.08, 3505.10, 3517.092, 3701.02, 3701.021, 3701.022, 3701.024, 3701.141, 3701.145,
3701.342, 3701.82, 3701.83, 3701.881, 3701.99, 3702.31, 3702.529, 3702.53, 3702.532, 3702.54, 3702.544, 3702.55, 3702.60, 3702.61, 3702.68, 3702.74, 3705.01, 3705.23, 3705.24, 3709.09, 3710.05, 3710.07, 3711.021, 3721.02, 3721.121,
3721.19, 3721.51, 3721.56, 3722.151, 3733.43, 3733.45, 3734.02, 3734.05, 3734.12,
3734.123, 3734.124, 3734.18, 3734.28, 3734.42, 3734.44, 3734.46, 3734.57, 3735.27, 3735.67, 3735.671, 3737.01, 3737.02, 3737.03, 3737.21, 3737.22, 3737.65, 3737.71, 3737.81, 3737.82, 3737.83, 3737.84, 3737.85, 3737.86, 3737.88, 3737.881, 3737.882, 3737.883, 3737.89, 3737.91, 3737.92, 3737.98, 3741.14, 3743.57, 3743.75, 3745.04, 3745.11, 3745.14, 3745.40, 3746.02, 3746.13, 3747.16, 3748.07, 3748.13, 3769.087, 3770.07, 3770.10, 3770.12, 3770.99, 3773.33, 3773.43, 3781.07, 3781.19, 3901.491, 3901.501, 3901.72, 3901.86, 4104.01,
4104.02, 4104.04, 4104.06, 4104.07, 4104.08, 4104.15, 4104.18, 4104.19, 4104.20,
4104.41, 4104.44, 4104.45, 4104.46, 4105.17, 4112.15, 4115.10, 4117.02, 4117.14, 4123.27, 4123.41, 4141.04, 4141.09, 4141.23, 4301.03, 4301.19, 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, 4501.06, 4503.101, 4503.103, 4505.06, 4506.14, 4506.15, 4506.16, 4506.20, 4506.24, 4508.08, 4509.60, 4511.33, 4511.62, 4511.63, 4519.55, 4707.071,
4707.072, 4707.10, 4709.12, 4717.07, 4717.09, 4719.01, 4723.01, 4723.06, 4723.07, 4723.08, 4723.082, 4723.17, 4723.271, 4723.34, 4723.35, 4723.431, 4723.63, 4729.01, 4729.41, 4731.27, 4731.65, 4731.71,
4734.15, 4736.12, 4743.05, 4747.05, 4747.06, 4747.07, 4747.10,
4749.01, 4749.02, 4749.03, 4749.04, 4749.05, 4749.06, 4749.07, 4749.08, 4749.10, 4749.11, 4749.12, 4749.13, 4749.14, 4751.06, 4751.07, 4755.03, 4759.08, 4771.22, 4779.08, 4779.17, 4779.18, 4903.24, 4905.79, 4905.91,
4919.79, 4928.62, 4928.63, 4931.45, 4931.47, 4931.48, 4973.17, 4981.20, 5101.11, 5101.14, 5101.141, 5101.142, 5101.144,
5101.145, 5101.146, 5101.16, 5101.162, 5101.18, 5101.181, 5101.21, 5101.211, 5101.212, 5101.22, 5101.24, 5101.26, 5101.27, 5101.28, 5101.35, 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,
5111.0112, 5111.02, 5111.021, 5111.022,
5111.03, 5111.06, 5111.082, 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, 5111.34, 5111.85, 5111.87, 5111.871, 5111.872, 5111.873, 5111.92, 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, 5120.52, 5123.01, 5123.051, 5123.19, 5123.60, 5123.801, 5126.01, 5126.042, 5126.11, 5126.12, 5126.121, 5126.15, 5126.18, 5126.44, 5139.01, 5139.04, 5139.33, 5139.34, 5139.36, 5139.41, 5139.43, 5139.87, 5153.122, 5153.16, 5153.163,
5153.60, 5153.69, 5153.72, 5153.78, 5301.68, 5301.691, 5310.15, 5502.01, 5502.13, 5549.21, 5703.052, 5705.39, 5705.41, 5705.412, 5709.20, 5709.21, 5709.22, 5709.25, 5709.26, 5709.27, 5709.61, 5709.62, 5709.63, 5709.632, 5709.64, 5711.02, 5711.13, 5711.18, 5711.22, 5711.27, 5711.33, 5713.07, 5713.08, 5713.081, 5713.082, 5713.30, 5715.27, 5715.39, 5717.03, 5719.07, 5727.111, 5727.30, 5727.32, 5727.33, 5727.56, 5727.84, 5728.04, 5728.06, 5728.99, 5733.04, 5733.05, 5733.051, 5733.056, 5733.059, 5733.06, 5733.0611, 5733.09, 5733.121, 5733.18, 5733.22, 5733.45, 5733.98, 5735.05, 5735.14, 5735.142, 5735.15, 5735.19, 5735.23, 5735.26, 5735.291, 5735.30, 5735.99, 5739.01, 5739.011, 5739.012, 5739.02, 5739.021, 5739.022, 5739.023, 5739.025, 5739.026, 5739.03, 5739.032, 5739.033, 5739.10, 5739.12, 5739.121, 5739.122, 5739.17, 5739.21, 5739.33, 5741.01, 5741.02, 5741.021, 5741.022, 5741.023, 5741.121, 5743.05, 5743.21, 5743.45, 5745.01, 5745.02, 5745.04, 5747.02, 5747.12, 5747.31, 5901.021, 6101.09, 6103.02, 6109.21, 6111.06, 6115.09, 6117.02, 6119.06, 6119.10, 6301.05, and 6301.07; to amend, for the purpose of adopting new section numbers as indicated in parentheses, sections 3301.33 (3301.40), 3701.145 (3701.0210), 4104.46 (4104.48), 5101.211 (5101.214), 5101.212 (5101.215), 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 718.03, 3301.31, 3301.33, 3317.11, 3318.052, 4104.42, 4104.43, 4104.46, 5101.211, 5101.212, 5101.213, 5108.06, 5108.07, 5111.16, 5111.173, 5115.13, 5709.211, 5709.23, 5709.24, and 5739.034 and sections 9.24, 107.12, 107.31, 107.32, 107.33, 121.36, 121.482, 122.041, 122.90, 123.152, 124.183, 125.073, 145.381, 153.691, 173.08, 317.36, 319.63, 511.181, 718.021, 718.051, 718.121, 901.85, 927.701, 1346.04, 1346.05, 1346.06, 1346.07, 1346.08, 1346.09, 1346.10, 1501.25, 1711.131, 2113.041, 2117.061,
3301.34, 3301.35, 3301.36, 3301.37, 3301.38, 3511.059, 3314.033, 3314.083, 3318.024, 3333.16, 3333.38, 3333.50, 3379.11, 3501.011, 3701.029, 3701.61, 3702.63, 3721.561, 3741.15, 3770.073, 3781.071, 3781.072, 3781.22,
4104.47, 4115.21, 4141.201, 4511.198, 4707.24, 4723.063, 4723.81, 4723.82, 4723.83, 4723.84, 4723.85, 4723.86, 4723.87, 4723.88, 4755.031, 5101.12, 5101.1410, 5101.20, 5101.201, 5101.216, 5101.221, 5101.222, 5101.241, 5101.242, 5101.243, 5101.271, 5103.155,
5108.11, 5108.12, 5111.0113, 5111.025, 5111.151, 5111.161, 5111.172,
5111.174, 5111.175, 5111.206, 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, 5115.12, 5115.14, 5115.22, 5123.196, 5123.198, 5123.1910, 5123.38,
5123.851, 5126.058, 5139.44, 5502.03, 5703.56, 5703.57, 5703.58, 5703.80, 5709.201, 5709.212, 5717.011, 5733.0511, 5733.55, 5733.56, 5733.57, 5735.053, 5741.25, 5743.051, and 5747.026; and to repeal sections 122.12, 125.931, 125.932, 125.933, 125.934, 125.935, 131.38, 179.01, 179.02, 179.03, 179.04, 319.311, 504.21, 718.03, 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, 3301.078, 3301.0719, 3301.0724, 3301.31, 3301.581, 3313.82, 3313.83, 3313.94, 3317.11, 3318.033, 3318.052, 3318.35, 3319.06, 3319.34, 3701.142, 3701.144, 3702.543, 3702.581, 4104.42, 4104.43, 4141.044, 4141.045, 5101.213, 5101.251, 5108.05, 5111.017, 5111.173, 5115.011, 5115.012, 5115.06, 5115.061, 5139.42, 5139.45, 5709.211, 5709.23, 5709.231, 5709.24, 5709.30, 5709.31, 5709.32, 5709.33, 5709.34, 5709.35, 5709.36, 5709.37, 5709.45, 5709.46, 5709.47, 5709.48, 5709.49, 5709.50, 5709.51, 5709.52, 5727.39, 5727.44, 5733.111, 5735.33, 5739.034, 5739.35, 5741.011, 5741.24, 5743.46, 5747.131, 5747.60, 6111.31, 6111.311, 6111.32, 6111.34, 6111.35, 6111.36, 6111.37, 6111.38, and 6111.39 of the Revised Code; to amend Sections 11 and 11.04 of Am. Sub. H.B. 87 of the 125th General Assembly; to amend Section 13.05 of Am. Sub. H.B. 87 of the 125th General Assembly; to amend Sections 1.09 and 35.03 of H.B. 675 of the 124th General Assembly; to amend Sections 18.03, 18.04, 19.39, and 19.52 of H.B. 675 of the 124th General Assembly; to amend Section 24.43 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. S.B. 143 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 6 of Am. Sub. S.B. 67 of the 122nd General Assembly; 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 amend Section 2 of Am. Sub. H.B. 71 of the 120th General Assembly; to repeal Section 16 of Am. Sub. H.B. 87 of the 125th General Assembly; to repeal Section 63.37 of Am. Sub. H.B. 94 of the 124th General Assembly, as subsequently amended; to repeal Section 129 of Am. Sub. H.B. 283 of the 123rd General Assembly, as subsequently amended; to repeal Section 3 of Am. Sub. S.B. 272 of the 123rd General Assembly, as subsequently amended; to repeal Section 72 of Am. Sub. H.B. 850 of the 122nd General Assembly; and to repeal Section 11 of Am. Sub. S.B. 50 of the 121st General Assembly, as subsequently amended; to repeal Section 3 of Am. Sub. S.B. 238 of the 123rd General Assembly; 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 307.93, 2152.19, 2929.38, 4506.14, 4506.15, 4506.16, 4506.20, 4511.33, 4511.62, 4511.63, and 4511.75 of the Revised Code that are scheduled to take effect January 1, 2004; to amend the version of section 5101.28 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 5743.45 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 5739.033 of the Revised Code as it results from Am. Sub. S.B. 143 of the 124th General Assembly, as amended by H.B. 675 of the 124th General Assembly; to terminate certain provisions of this act on December 31, 2013, by repealing section 4723.063 of the Revised Code on that date; and to terminate certain provisions of this act on October 1, 2005, by repealing section 5111.161 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, 109.57, 109.572, 109.71, 117.101, 117.16, 117.44, 117.45, 119.035, 121.04, 121.08,
121.084, 121.41, 121.48, 121.62, 122.011, 122.04, 122.08, 122.17, 122.171, 122.25, 122.651, 122.658,
122.87, 122.88, 123.01, 124.03, 124.15, 124.152, 124.181, 125.15, 125.91, 125.92, 125.93, 125.95, 125.96,
125.98, 127.16, 131.02, 131.23, 131.35, 145.38, 147.01, 147.37, 149.011, 149.30, 149.31, 149.33,
149.331, 149.332, 149.333, 149.34, 149.35, 153.65, 164.27, 165.09, 173.06, 173.061, 173.062, 173.07, 173.071, 173.14, 173.26, 173.54, 175.03, 175.21, 175.22, 183.02, 306.35, 306.99,
307.86, 307.87, 307.93, 307.98, 307.981, 307.987, 311.17, 317.32, 321.24, 323.01, 323.13, 325.31,
329.03, 329.04, 329.05, 329.051, 329.06, 340.021, 340.03, 341.05, 341.25, 504.03, 504.04, 505.376, 507.09, 511.12, 515.01, 515.07, 521.05, 715.013, 718.01, 718.02, 718.05, 718.11, 718.14, 718.15, 718.151, 731.14, 731.141, 735.05, 737.03, 753.22, 901.17, 901.21, 901.22, 901.63, 902.11, 921.151, 927.53, 927.69, 929.01, 955.51, 1309.109, 1317.07, 1321.21,
1333.99, 1337.11, 1346.02, 1501.04, 1503.05, 1513.05, 1515.08, 1519.05, 1521.06, 1521.063, 1531.26, 1533.08, 1533.10, 1533.101, 1533.11, 1533.111,
1533.112, 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, 1541.10, 1563.42, 1702.59, 1711.13, 1711.15, 1711.17, 2101.16,
2117.06, 2117.25, 2133.01, 2151.352, 2151.3529, 2151.3530, 2151.83, 2151.84, 2152.19, 2301.58, 2305.234, 2329.07, 2329.66, 2505.13,
2715.041, 2715.045, 2716.13, 2743.02, 2743.60, 2915.01, 2915.02, 2915.08, 2915.09, 2915.091, 2915.092, 2915.093, 2915.10, 2915.101, 2915.13, 2917.41, 2921.13, 2923.35, 2925.44, 2929.38, 2933.43, 2935.01, 2935.36, 2949.091, 3111.04, 3119.01, 3121.01, 3123.952, 3125.12, 3301.0710, 3301.0711, 3301.0714, 3301.52, 3301.53, 3301.54, 3301.55,
3301.57, 3301.58, 3301.68, 3301.80, 3302.03, 3311.05, 3311.24, 3311.26, 3313.41, 3313.843, 3313.976, 3313.978, 3313.979, 3313.981, 3314.02, 3314.041, 3314.07, 3314.08, 3314.17, 3316.031, 3316.08, 3317.012, 3317.013,
3317.014, 3317.022, 3317.023, 3317.024, 3317.029, 3317.0217, 3317.03,
3317.032, 3317.05, 3317.064, 3317.07, 3317.09, 3317.10, 3317.15, 3317.16, 3318.01, 3318.03, 3318.042, 3318.05, 3318.06, 3318.08, 3318.30, 3318.31, 3318.37, 3318.41, 3319.01, 3319.02, 3319.03, 3319.07, 3319.19, 3319.22, 3319.33, 3319.36, 3323.16, 3327.01, 3327.011, 3329.06, 3329.08, 3332.04, 3333.12, 3353.11, 3361.01, 3375.41, 3377.01, 3377.06, 3383.01, 3383.07, 3501.18, 3501.30, 3503.10, 3505.01, 3505.061, 3505.08, 3505.10, 3517.092, 3701.02, 3701.021, 3701.022, 3701.024, 3701.141, 3701.145,
3701.342, 3701.82, 3701.83, 3701.881, 3701.99, 3702.31, 3702.529, 3702.53, 3702.532, 3702.54, 3702.544, 3702.55, 3702.60, 3702.61, 3702.68, 3702.74, 3705.01, 3705.23, 3705.24, 3709.09, 3710.05, 3710.07, 3711.021, 3721.02, 3721.121,
3721.19, 3721.51, 3721.56, 3722.151, 3733.43, 3733.45, 3734.02, 3734.05, 3734.12,
3734.123, 3734.124, 3734.18, 3734.28, 3734.42, 3734.44, 3734.46, 3734.57, 3735.27, 3735.67, 3735.671, 3737.01, 3737.02, 3737.03, 3737.21, 3737.22, 3737.65, 3737.71, 3737.81, 3737.82, 3737.83, 3737.84, 3737.85, 3737.86, 3737.88, 3737.881, 3737.882, 3737.883, 3737.89, 3737.91, 3737.92, 3737.98, 3741.14, 3743.57, 3743.75,
3745.04, 3745.11, 3745.14, 3745.40, 3746.02, 3746.13, 3747.16, 3748.07, 3748.13, 3769.087, 3770.07, 3770.10, 3770.12, 3770.99, 3773.33, 3773.43, 3781.07, 3781.19, 3901.491, 3901.501, 3901.72, 3901.86, 4104.01,
4104.02, 4104.04, 4104.06, 4104.07, 4104.08, 4104.15, 4104.18, 4104.19, 4104.20,
4104.41, 4104.44, 4104.45, 4104.46, 4105.17, 4112.15, 4115.10, 4117.02, 4117.14, 4123.27, 4123.41, 4141.04, 4141.09, 4141.23, 4301.03, 4301.19, 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, 4501.06, 4503.101, 4503.103, 4505.06, 4506.14, 4506.15, 4506.16, 4506.20, 4506.24, 4508.08, 4509.60, 4511.33, 4511.62, 4511.63, 4519.55, 4707.071,
4707.072, 4707.10, 4709.12, 4717.07, 4717.09, 4719.01, 4723.01, 4723.06, 4723.07, 4723.08, 4723.082, 4723.17, 4723.271, 4723.34, 4723.35, 4723.431, 4723.63, 4729.01, 4729.41, 4731.27, 4731.65, 4731.71,
4734.15, 4736.12, 4743.05, 4747.05, 4747.06, 4747.07, 4747.10,
4749.01, 4749.02, 4749.03, 4749.04, 4749.05, 4749.06, 4749.07, 4749.08, 4749.10, 4749.11, 4749.12, 4749.13, 4749.14, 4751.06, 4751.07, 4755.03, 4759.08, 4771.22, 4779.08, 4779.17, 4779.18, 4903.24, 4905.79, 4905.91,
4919.79, 4928.62, 4928.63, 4931.45, 4931.47, 4931.48, 4973.17, 4981.20, 5101.11, 5101.14, 5101.141, 5101.142, 5101.144,
5101.145, 5101.146, 5101.16, 5101.162, 5101.18, 5101.181, 5101.21, 5101.211, 5101.212, 5101.22, 5101.24, 5101.26, 5101.27, 5101.28, 5101.35, 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,
5111.0112, 5111.02, 5111.021, 5111.022,
5111.03, 5111.06, 5111.082, 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, 5111.34, 5111.85, 5111.87, 5111.871, 5111.872, 5111.873, 5111.92, 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, 5120.52, 5123.01, 5123.051, 5123.19, 5123.60, 5123.801, 5126.01, 5126.042, 5126.11, 5126.12, 5126.121, 5126.15, 5126.18, 5126.44, 5139.04, 5139.04, 5139.33, 5139.34, 5139.36, 5139.41, 5139.43, 5139.87, 5153.122, 5153.16, 5153.163,
5153.60, 5153.69, 5153.72, 5153.78, 5301.68, 5301.691, 5310.15, 5502.01, 5502.13, 5549.21, 5703.052, 5705.39, 5705.41, 5705.412, 5709.20, 5709.21, 5709.22, 5709.25, 5709.26, 5709.27, 5709.61, 5709.62, 5709.63, 5709.632, 5709.64, 5711.02, 5711.13, 5711.18, 5711.22, 5711.27, 5711.33, 5713.07, 5713.08, 5713.081, 5713.082, 5713.30, 5715.27, 5715.39, 5717.03, 5719.07, 5727.111, 5727.30, 5727.32, 5727.33, 5727.56, 5727.84, 5728.04, 5728.06, 5728.99, 5733.04, 5733.05, 5733.051, 5733.056, 5733.059, 5733.06, 5733.0611, 5733.09, 5733.121, 5733.18, 5733.22, 5733.45, 5733.98, 5735.05, 5735.14, 5735.142, 5735.15, 5735.19, 5735.23, 5735.26, 5735.291, 5735.30, 5735.99, 5739.01, 5739.011, 5739.012, 5739.02, 5739.021, 5739.022, 5739.023, 5739.025, 5739.026, 5739.03, 5739.032, 5739.033, 5739.10, 5739.12, 5739.121, 5739.122, 5739.17, 5739.21, 5739.33, 5741.01, 5741.02, 5741.021, 5741.022, 5741.023, 5741.121, 5743.05, 5743.21, 5743.45, 5745.01, 5745.02, 5745.04, 5747.02, 5747.12, 5747.31, 5901.021, 6101.09, 6103.02, 6109.21, 6111.06, 6115.09, 6117.02, 6119.06, 6119.10, 6301.05, and 6301.07 be amended; that sections 3301.33 (3301.40), 3701.145 (3701.0210), 4104.46 (4104.48), 5101.211 (5101.214), 5101.212 (5101.215), 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; and that new sections 718.03, 3301.31, 3301.33, 3317.11, 3318.052, 4104.42, 4104.43, 4104.46, 5101.211, 5101.212, 5101.213, 5108.06, 5108.07, 5111.16, 5111.173, 5115.13, 5709.211, 5709.23, 5709.24, and 5739.034 and sections 9.24, 107.12, 107.31, 107.32, 107.33, 121.36, 121.482, 122.041, 122.90, 123.152, 124.183, 125.073, 131.41, 145.381, 153.691, 173.08, 317.36, 319.63, 511.181, 718.021, 718.051, 718.121, 901.85, 927.701, 1346.04, 1346.05, 1346.06, 1346.07, 1346.08, 1346.09, 1346.10, 1501.25, 1711.131, 2113.041, 2117.061,
3301.34, 3301.35, 3301.36, 3301.37, 3301.38, 3311.059, 3314.033, 3314.083, 3318.024, 3333.16, 3333.38, 3333.50, 3379.11, 3501.011, 3701.029, 3701.61, 3702.63, 3721.561, 3741.15, 3770.073, 3781.071, 3781.072, 3781.22,
4104.47, 4115.21, 4141.201, 4511.198, 4707.24, 4723.063, 4723.81, 4723.82, 4723.83, 4723.84, 4723.85, 4723.86, 4723.87, 4723.88, 4755.031, 5101.12, 5101.1410, 5101.20, 5101.201, 5101.216, 5101.221, 5101.222, 5101.241, 5101.242, 5101.243, 5101.271, 5103.155,
5108.11, 5108.12, 5111.0113, 5111.025, 5111.151, 5111.161, 5111.172,
5111.174, 5111.175, 5111.206, 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, 5115.12, 5115.14, 5115.22, 5123.196, 5123.198, 5123.1910, 5123.38,
5123.851, 5126.058, 5139.44, 5502.03, 5703.56, 5703.57, 5703.58, 5703.80, 5709.201, 5709.212, 5717.011, 5733.0511, 5733.55, 5733.56, 5733.57, 5735.053, 5741.25, 5743.051, and 5747.026 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. 9.24. (A) No state agency and no political subdivision shall award a contract for goods, services, or construction, paid for in whole or in part with state funds, to a person against whom a finding for recovery has been issued by the auditor of state, if the finding for recovery is unresolved.
(B) For purposes of this section, a finding for recovery is unresolved unless one of the following criteria applies:
(1) The money identified in the finding for recovery is paid in full to the state agency or political subdivision to whom the money was owed;
(2) The debtor has entered into a repayment plan that is approved by the attorney general and the state agency or political subdivision to whom the money identified in the finding for recovery is owed. A repayment plan may include a provision permitting a state agency or political subdivision to withhold payment to a debtor for goods, services, or construction provided to or for the state agency or political subdivision pursuant to a contract that is entered into with the debtor after the date the finding for recovery was issued.
(3) The attorney general waives a repayment plan described in division (B)(2) of this section for good cause;
(4) The debtor and state agency or political subdivision to whom the money identified in the finding for recovery is owed have agreed to a payment plan established through an enforceable settlement agreement.
(5) The state agency or political subdivision desiring to enter into a contract with a debtor certifies, and the attorney general concurs, that all of the following are true:
(a) Essential services the state agency or political subdivision is seeking to obtain from the debtor cannot be provided by any other person besides the debtor;
(b) Awarding a contract to the debtor for the essential services described in division (B)(5)(a) is in the best interest of the state;
(c) Good faith efforts have been made to collect the money identified in the finding of recovery.
(C) The attorney general shall submit an initial report to the auditor of state, not later than December 1, 2003, indicating the status of collection for all findings for recovery issued by the auditor of state for calendar years 2001, 2002, and 2003. Beginning on January 1, 2004, the attorney general shall submit to the auditor of state, on the first day of the month, a list of all findings for recovery that have been resolved in accordance with division (B) of this section during the month preceding the submission of the list and a description of the means of resolution.
(D) The auditor of state shall maintain a database, accessible to the public, listing persons against whom an unresolved finding for recovery has been issued, and the amount of the money identified in the unresolved finding for recovery. The auditor of state shall have this database operational on or before January 1, 2004. The initial database shall contain the information required under this division for calendar years 2001, 2002, and 2003.
Beginning January 15, 2004, the auditor of state shall update the database by the fifteenth day of each month to reflect resolved findings for recovery that are reported to the auditor of state by the attorney general on the first day of that same month pursuant to division (C) of this section.
(E) Before awarding a contract for goods, services, or construction, paid for in whole or in part with state funds, a state agency or political subdivision shall verify that the person to whom the state agency or political subdivision plans to award the contract does not appear in the database described in division (C) of this section.
(F) As used in this section:
(1) "State agency" has the same meaning as in section 9.66 of the Revised Code.
(2) "Finding for recovery" means a determination issued by the auditor of state, contained in a report the auditor of state gives to the attorney general pursuant to section 117.28 of the Revised Code, that public money has been illegally expended, public money has been collected but not been accounted for, public money is due but has not been collected, or public property has been converted or misappropriated.
(3) "Debtor" means a person against whom a finding for recovery has been issued.
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. 107.12. (A) As used in this section, "organization" means a faith-based or other organization that is exempt from federal income taxation under section 501(c)(3) of the Internal Revenue Code of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended, and provides charitable services to needy residents of this state.
(B) There is hereby established within the office of the governor the governor's office for faith-based nonprofit and other nonprofit organizations. The office shall:
(1) Serve as a clearinghouse of information on federal, state, and local funding for charitable services performed by organizations;
(2) Encourage organizations to seek public funding for their charitable services;
(3) Act as a liaison between state agencies and organizations;
(4) Advise the governor, general assembly, and the advisory board of the governor's office for faith-based nonprofit or other nonprofit organizations on the barriers that exist to collaboration between organizations and governmental entities and on ways to remove the barriers.
(C) The governor shall appoint an executive assistant to manage the office and perform or oversee the performance of the duties of the office.
(D)(1) There is hereby created the advisory board of the governor's office for faith-based nonprofit and other nonprofit organizations. The board shall consist of members appointed as follows:
(a) The directors of aging, alcohol
and drug addiction
services, rehabilitation and correction, health, job
and
family services, mental health, and youth services shall each
appoint to
the board one employee of that director's
department.
(b) The speaker of the house of representatives shall
appoint to the board two members of the house of
representatives, not more than one of whom shall be from the same
political party and at least one of whom shall be from the legislative black caucus. The speaker of the house of representatives shall consult with the president of the legislative black caucus in making the legislative black caucus member appointment. The president of the senate shall appoint to the
board two members of the senate, not more than one of whom
shall be from the same political party.
(c) The governor, speaker of the house of representatives,
and president of the senate shall each appoint to the board
three representatives of the nonprofit, faith-based and other
nonprofit
community.
(2) The appointments to the board shall be made within
thirty days after the effective date of this section. Terms of the office shall be one year. Any vacancy
that occurs on the board shall be filled in the same manner
as the original appointment. The members of the board shall
serve without compensation.
(3) At its initial meeting, the board shall elect a
chairperson. The
chairperson shall be a member of the board who is a member of
the house of representatives.
(E) The board shall do both of the following:
(1) Provide direction, guidance, and oversight to the office;
(2) Publish a report of its activities on or before the first day of August of each year, and deliver copies of the report to the governor, the speaker and minority leader of the house of representatives, and the president and minority leader of the senate.
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. 107.32. (A) As used in this section and section 107.33 of the Revised Code:
(1) "State institutional facility" means any institution or other facility 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 the governor identifies in a notice provided under division (C)(1) of this section and that operates an institutional facility or facilities the governor believes should be closed.
(B) Notwithstanding any other provision of law, the governor shall not order the closure of any state institutional facility, for the purpose of expenditure reductions or budget cuts, other than in accordance with this section.
(C) If the governor determines that necessary expenditure reductions and budget cuts cannot be made without closing one or more state institutional facilities, all of the following apply:
(1) The governor shall determine which state agency's institutional facility or facilities the governor believes should be closed, shall notify the general assembly and that agency of that determination, and shall specify in the notice the number of facilities of that agency that the governor believes should be closed and the anticipated savings to be obtained through that closure or those closures.
(2) Upon the governor's provision of the notice described in division (C)(1) of this section, a state facilities closure commission shall be created as described in division (D) of this section regarding the target state agency. Not later than seven days after the governor provides that notice, the officials with the duties to appoint members of the commission for the target state agency, as described in division (D) of this section, shall appoint the specified members of the commission, and, as soon as possible after the appointments, the commission shall meet for the purposes described in that division. Not later than thirty days after the governor provides the notice described in division (C)(1) of this section, the state facilities closure commission shall provide to the general assembly, the governor, and the target state agency a report that contains the commission's recommendation as to the state institutional facility or facilities of the target state agency that the governor may close. The anticipated savings to be obtained by the commission's recommendation shall be approximately the same as the anticipated savings the governor specified in the governor's notice provided under division (C)(1) of this section, and, if the recommendation identifies more than one facility, it shall list them in order of the commission's preference for closure. A state facilities closure commission created for a particular target state agency shall make a report only regarding that target state agency and shall include no recommendations regarding any other state agency or department in its report.
(3) Upon receipt of the report of the state facilities closure commission under division (C)(2) of this section for a target state agency, if the governor still believes that necessary expenditure reductions and budget cuts cannot be made without closing one or more state institutional facilities, the governor may close state institutional facilities of the target state agency that are identified in the commission's recommendation contained in the report. Except as otherwise provided in this division, the governor shall not close any state institutional facility of the target state agency that is not listed in the commission's recommendation, and shall not close multiple institutions in any order other than the order of the commission's preference as specified in the recommendation. The governor is not required to follow the recommendation of the commission in closing an institutional facility if the governor determines that a significant change in circumstances makes the recommendation unworkable.
(D) A state facilities closure commission shall be created at the time and in the manner specified in division (C)(2) of this section. If more than one state agency or department is a target state agency, a separate state facilities closure commission shall be created for each such target state agency. Each commission consists of eleven members. Three members shall be members of the house of representatives appointed by the speaker of the house of representatives, none of the members so appointed may have a state institutional facility of the target state agency in the member's district, two of the members so appointed shall be members of the majority political party in the house of representatives, and one of the members so appointed shall not be a member of the majority political party in the house of representatives. Three members shall be members of the senate appointed by the president of the senate, none of the members so appointed may have a state institutional facility of the target state agency in the member's district, two of the members so appointed shall be members of the majority political party in the senate, and one of the members so appointed shall not be a member of the majority political party in the senate. One member shall be the director of budget and management. One member shall be the director, or other agency head, of the target state agency. Two members shall be private executives with expertise in facility utilization, with one of these members appointed by the speaker of the house of representatives and the other appointed by the president of the senate, and neither of the members so appointed may have a state institutional facility of the target state agency in the county in which the member resides. One member shall be a representative of the Ohio civil service employees' association or other representative association of the employees of the target state agency, appointed by the speaker of the house of representatives. The officials with the duties to appoint members of the commission shall make the appointments, and the commission shall meet, within the time periods specified in division (C)(2) of this section. The members of the commission shall serve without compensation. At the commission's first meeting, the members shall organize, and appoint a chairperson and vice-chairperson.
The commission shall determine which state institutional facility or facilities under the control of the target state agency for which the commission was created should be closed. In making this determination, the commission shall, at a minimum, consider the following factors:
(1) Whether there is a need to reduce the number of facilities;
(2) The availability of alternate facilities;
(3) The cost effectiveness of the facilities;
(4) The geographic factors associated with each facility and its proximity to other similar facilities;
(5) The impact of collective bargaining on facility operations;
(6) The utilization and maximization of resources;
(7) Continuity of the staff and ability to serve the facility population;
(8) Continuing costs following closure of a facility;
(9) The impact of the closure on the local economy;
(10) Alternatives and opportunities for consolidation with other facilities.
The
commission shall meet as often as necessary to make its determination, may take testimony and consider all relevant information, and shall prepare and provide in accordance with division (C)(2) of this section a report containing its recommendations. Upon providing the report regarding the target state agency, the commission shall cease to exist, provided that another commission shall be created for the same state agency if the agency is made a target state agency in another report provided under division (C)(1) of this section and provided that another commission shall be created for a different state agency if that other agency is made a target state agency in a report provided under that division.
Sec. 107.33. Notwithstanding any other provision of law, if the closure of the particular facility is authorized under section 107.32 of the Revised Code, the governor may terminate any contract entered into under section 9.06 of the Revised Code for the private operation and management of any correctional facility under the control of the department of rehabilitation and correction, including, but not limited to the initial intensive program prison established pursuant to section 5120.033 of the Revised Code as it existed prior to the effective date of this section, and terminate the operation of, and close that facility. If the governor terminates a contract for the private operation and management of a facility, and terminates the operation of, and closes, the facility as described in this section, inmates in the facility shall be transferred to another correctional facility under the control of the department. If the initial intensive program prison is closed, divisions (G)(2)(a) and (b) of section 2929.13 of the Revised Code have no effect while the facility is closed.
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 a waiver agency participating in a department of job and family services administered home and community-based waiver program or an independent provider participating in a department administered home and community-based waiver program 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" and "waiver agency" have the same meanings as in section 5111.95 of the Revised Code.
(3) "Independent provider" has the same meaning as in section 5111.96 of the Revised Code.
(4) "Minor drug possession offense" has the same meaning as in section 2925.01 of the Revised Code.
(3)(5) "Older adult" means a person age sixty or older.
Sec. 109.71. There is hereby created in the office of the
attorney general the Ohio peace officer training commission. The
commission shall consist of nine members appointed by the governor
with the advice and consent of the senate and selected as
follows:
one member representing the public; two members who are
incumbent
sheriffs; two members who are incumbent chiefs of
police; one
member from the bureau of criminal identification and
investigation; one member from the state highway patrol; one
member who is the special agent in charge of a field office of
the
federal bureau of investigation in this state; and one member
from
the department of education, trade and industrial
education
services, law enforcement training.
As used in sections 109.71 to 109.77 of the Revised Code:
(A) "Peace officer" means:
(1) A deputy sheriff, marshal, deputy marshal, member of
the
organized police department of a township or municipal
corporation, member of a township police district or joint
township police district police force, member of a police force
employed by a metropolitan housing authority under division (D)
of
section 3735.31 of the Revised Code, or township constable,
who is
commissioned and employed as a peace officer by a
political
subdivision of this state or by a metropolitan housing
authority,
and whose primary duties are to preserve the peace, to
protect
life and property, and to enforce the laws of this state,
ordinances of a municipal corporation, resolutions of a township,
or regulations of a board of county commissioners or board of
township trustees, or any of those laws, ordinances,
resolutions,
or regulations;
(2) A police officer who is employed by a railroad company
and
appointed and commissioned by the governor pursuant to
sections
4973.17 to 4973.22 of the Revised Code;
(3) Employees of the department of taxation engaged in the
enforcement of Chapter 5743. of the Revised Code laws the tax commissioner administers and designated
by
the tax commissioner for peace officer training for purposes
of
the delegation of investigation powers under section 5743.45 5703.58
of
the Revised Code;
(4) An undercover drug agent;
(5) Enforcement agents of the
department of public safety
whom the director of
public safety designates under section
5502.14 of the Revised
Code;
(6) An employee of the department of natural resources who
is a natural resources law enforcement staff officer designated
pursuant to
section 1501.013, a park officer designated pursuant
to
section
1541.10, a
forest officer designated pursuant to
section 1503.29, a preserve
officer designated pursuant to section
1517.10, a wildlife officer designated
pursuant to section
1531.13, or a state watercraft
officer designated pursuant to
section 1547.521 of the Revised
Code;
(7) An employee of a park district who is designated
pursuant to section 511.232 or 1545.13 of the Revised Code;
(8) An employee of a conservancy district who is
designated
pursuant to section 6101.75 of the Revised Code;
(9) A police officer who is employed by a hospital that
employs and maintains its own proprietary police department or
security department, and who is appointed and commissioned by the
governor pursuant to sections 4973.17 to 4973.22 of the Revised
Code;
(10) Veterans' homes police officers designated under
section 5907.02 of the Revised Code;
(11) A police officer who is employed by a qualified
nonprofit corporation police department pursuant to section
1702.80 of the Revised Code;
(12) A state university law enforcement officer appointed
under section 3345.04 of the Revised Code or a person serving as a
state
university law enforcement officer on a permanent basis on
June 19,
1978, who has been awarded a certificate by the executive
director of the
Ohio peace officer training
commission
attesting to
the person's
satisfactory completion of an approved
state, county,
municipal, or department
of natural resources peace
officer basic
training program;
(13) A special police officer employed by the department of
mental health pursuant to section 5119.14 of the Revised Code or
the department of mental retardation and developmental
disabilities pursuant to section 5123.13 of the Revised Code;
(14) A member of a campus police department appointed
under
section 1713.50 of the Revised Code;
(15) A member of a police force employed by a regional
transit authority
under division (Y) of section 306.35 of the
Revised Code;
(16) Investigators appointed by the auditor of state
pursuant to
section
117.091 of the Revised Code and engaged in the
enforcement of Chapter 117. of
the Revised Code;
(17) A special police officer designated by the
superintendent of the
state highway patrol pursuant to section
5503.09 of the Revised Code
or a person who was serving as a
special police officer pursuant
to that section
on a permanent
basis on
October 21, 1997, and who has
been awarded a certificate
by the executive director of the
Ohio peace officer training
commission attesting to the person's satisfactory completion of
an
approved state, county, municipal, or department of natural
resources peace officer basic training program;
(18) A special police officer employed by a port
authority under section
4582.04 or 4582.28 of the Revised Code
or
a person serving as a special police officer employed
by a port
authority on a permanent basis on
May
17, 2000, who has been
awarded a certificate by the
executive director of the Ohio
peace officer training
commission
attesting to the person's
satisfactory completion of an
approved
state, county, municipal,
or department of natural
resources peace
officer basic training
program;
(19) A special police officer employed by a municipal
corporation who has been awarded a certificate by the executive
director of the Ohio peace officer training commission for
satisfactory completion of an approved peace officer basic
training program and who is employed on a permanent basis on or
after the effective date of this amendment March 19, 2003, at a municipal airport,
or other municipal air navigation facility, that
has scheduled
operations, as defined in section 119.3 of Title 14
of the Code of
Federal Regulations, 14 C.F.R. 119.3, as amended,
and that is
required to be under a security program and is
governed by
aviation security rules of the transportation security
administration of the United States department of transportation
as provided in Parts 1542. and 1544. of Title 49 of the Code of
Federal Regulations, as amended.
(B) "Undercover drug agent" has the same meaning as in
division (B)(2) of section 109.79 of the Revised Code.
(C) "Crisis intervention training" means training in the
use
of interpersonal and communication skills to most effectively
and
sensitively interview victims of rape.
(D) "Missing children" has the same meaning as in section
2901.30 of the Revised Code.
Sec. 117.101. The auditor of state may establish shall provide, operate, and
maintain a uniform and compatible computerized financial
management and accounting system known as the uniform accounting
network. Any such The network shall be designed to provide public
offices, other than state agencies and the Ohio education
computer network and public school districts, with efficient and
economical access to data processing and management information
facilities and expertise. In accordance with this objective,
activities of the network shall include, but not be limited to,
provision, maintenance, and operation of the following facilities
and services:
(A) A cooperative program of technical assistance for
public offices, other than state agencies and the Ohio education
computer network and public school districts, including, but not
limited to, an adequate computer software system and a data base;
(B) An information processing service center providing
approved computerized financial accounting and reporting services
to participating public offices.
The auditor of state and any public office, other than a
state agency and the Ohio education computer network and public
school districts, may enter into any necessary agreements,
without advertisement or bidding, for the provision of necessary
goods, materials, supplies, and services to such public offices
by the auditor of state through the network.
The auditor of state may, by rule, provide for a system of
user fees to be charged participating public offices for goods,
materials, supplies, and services received from the network. All
such fees shall be paid into the state treasury to the credit of
the uniform accounting network fund, which is hereby created.
The fund shall be used by the auditor of state to pay the costs
of establishing and maintaining the network. The fund shall be
assessed a proportionate share of the auditor of state's
administrative costs in accordance with procedures prescribed by
the auditor of state and approved by the director of budget and
management.
Sec. 117.16. (A) The auditor of state shall do all of the
following:
(1) Develop a force account project assessment form that
each public office that undertakes force account projects shall
use to estimate or report the cost of a force account project.
The form shall include costs for employee salaries and benefits,
any other labor costs, materials, freight, fuel, hauling, overhead
expense, workers' compensation premiums, and all other items of
cost and expense, including a reasonable allowance for the use of
all tools and equipment used on or in connection with such work
and for the depreciation on the tools and equipment.
(2) Make the form available to public offices by any
cost-effective, convenient method accessible to the auditor of
state and the public offices;
(3) When conducting an audit under this chapter of such a public office under this chapter that undertakes force account projects, examine a sample of the forms and records of any a sampling of the force account
project that projects the public office completed since an audit was last conducted, to determine compliance with the its force account limits
and other force account provisions established by law. If the auditor of state finds a violation of the force account limits, the auditor of state shall conduct an audit of each force account project completed since an audit was last conducted.
(B) If the auditor of state receives a complaint from any person that a public office has violated the force account limits established for that office, the auditor of state may conduct an audit in addition to the audit provided in section 117.11 of the Revised Code if the auditor of state has reasonable cause to believe that an additional audit is in the public interest.
(C)(1) If the auditor of state finds that a county, township, or municipal corporation violated the force account limits established for that political subdivision, the auditor of state, in addition to any other action authorized by this chapter, shall notify the political subdivision that, for a period of one year from the date of the notification, the force account limits for the subdivision are reduced as follows:
(a) For a county, the limits shall be ten thousand dollars per mile for construction or reconstruction of a road and forty thousand dollars for construction, reconstruction, maintenance, or repair of a bridge or culvert;
(b) For a township, the limit shall be fifteen thousand dollars for maintenance and repair of a road or five thousand per mile for construction or reconstruction of a township road;
(c) For a municipal corporation, the limit shall be ten thousand dollars for the construction, reconstruction, widening, resurfacing, or repair of a street or other public way.
(2) If the auditor of state finds that a county, township, or municipal corporation violated the force account limits established for that political subdivision a second or subsequent time, the auditor of state, in addition to any other action authorized by this chapter, shall notify the political subdivision that, for a period of two years from the date of the notification, the force account limits for the subdivision are reduced in accordance with division (C)(1)(a), (b), or (c) of this section.
(3) If the auditor of state finds that a county, township, or municipal corporation violated the force account limits established for that political subdivision a third or subsequent time, the subdivision shall pay the auditor of state shall certify to the tax commissioner an amount the auditor of state determines to be twenty per cent of the total cost of the force account project that is the basis of the violation. The Upon receipt of this certification, the tax commissioner shall withhold the certified amount from any funds under the tax commissioner's control that are due or payable to that political subdivision. The tax commissioner shall promptly deposit this withheld amount to the credit of the highway operating fund created by section 5735.291 of the Revised Code to be redistributed to local governments that have not violated their force account limits.
If the tax commissioner determines that no funds are due and payable to the violating political subdivision or that insufficient amounts of such funds are available to cover the entire certified amount, the tax commissioner shall withhold and deposit to the credit of the highway operating fund any amount available and certify the remaining amount to be withheld to the county auditor of the county in which the political subdivision is located. The county auditor shall withhold from that political subdivision any amount, up to that certified by the tax commissioner, that is available from any funds under the county auditor's control, that is due or payable to that political subdivision, and that can be lawfully withheld. The county auditor shall promptly pay that withheld amount to the tax commissioner for deposit into the highway operating fund and redistribution to local governments that have not violated their force account limits.
The tax commissioner shall make a distribution from the highway operating fund to local governments that have not violated their force account limits at least once every six months.
The payments required under division (C)(3) of this section are in addition to the force account limit reductions under described in division (C)(2) of this section and also are in addition to any other action authorized by this chapter. The auditor of state shall certify any money due under division (C)(3) of this section for collection in accordance with division (D) of section 117.13 of the Revised Code.
(D) If the auditor of state finds that a county, township, or municipal corporation violated its force account limit limits when participating in a joint force account project, the auditor of state shall impose the reduction in force account limits under division (C) of this section on all entities participating in the joint project.
(E)
As used in this section, "force account limits" means any of the following, as applicable:
(1) For a county, the amounts established in section 5543.19 of the Revised Code;
(2) For a township, the amounts established in section 5575.01 of the Revised Code;
(3) For a municipal corporation, the amount established in section 723.52 of the Revised Code;
(4) For the department of transportation, the amount established in section 5517.02 of the Revised Code.
Sec. 117.44. To enhance local officials' background and
working knowledge of government accounting, budgeting and
financing, financial report preparation, and the rules adopted by
the auditor of state, the auditor of state shall hold training
programs for persons elected for the first time as township
clerks, city auditors, and village clerks, between the first day
of December and the fifteenth first day of February April immediately
following a general election for any of these offices. Similar
training may also be provided to any township clerk, city
auditor, or village clerk who is appointed to fill a vacancy or
who is elected in a special election.
The auditor of state also shall develop and provide an annual training
program of continuing education for village clerks.
The auditor of state shall determine the manner, content,
and length of the training programs after consultation with
appropriate statewide organizations of local governmental
officials. The auditor of state shall charge the political
subdivisions that the trainees represent a registration fee that
will meet actual and necessary expenses of the training,
including instructor fees, site acquisition costs, and the cost
of course materials. The necessary personal expenses incurred by
the officials as a result of attending the training program shall
be borne by the political subdivisions they represent.
The auditor of state shall allow any other interested
person to attend any of the training programs that the auditor of state
holds pursuant to this section; provided, that before attending any
such training program, the interested person shall pay to the
auditor of state the full registration fee that the auditor of
state has set for the training program.
The auditor of state may provide any other appropriate training or educational programs that may be developed and offered by the auditor of state or in collaboration with one or more other state agencies, political subdivisions, or other public or private entities.
There is hereby established in the state treasury the
auditor of state training program fund, to be used by the auditor
of state for the actual and necessary expenses of any training
programs held pursuant to this section, section 117.441, or section 321.46 of
the Revised Code. All registration fees
collected under this section shall be paid into the fund.
Sec. 117.45. (A) The auditor of state shall draw warrants
against the treasurer of state pursuant to all requests for
payment that the director of budget and management has approved
under section 126.07 of the Revised Code.
(B) Unless the director of job and family services has
provided for
the making of payments by electronic benefit transfer, if a
financial institution and account have been designated by the
participant or recipient, payment by the auditor of state to a
participant in the Ohio works first program pursuant to Chapter 5107. of the
Revised Code or a recipient of disability financial assistance pursuant to Chapter 5115.
of the
Revised Code shall be made by direct deposit to the account of
the participant or recipient in the financial institution. Payment by
the auditor of state to a recipient of benefits
distributed through the medium of electronic benefit transfer pursuant to
section 5101.33 of the Revised Code shall be by electronic
benefit transfer. Payment by the auditor of state as compensation
to an employee of the state who has, pursuant to section 124.151
of the Revised Code, designated a financial institution and
account for the direct deposit of such payments shall be made by
direct deposit to the account of the employee. Payment to any
other payee who has designated a financial institution and
account for the direct deposit of such payment may be made by
direct deposit to the account of the payee in the financial
institution as provided in section 9.37 of the Revised Code. The
auditor of state shall contract with an authorized financial
institution for the services necessary to make direct deposits or
electronic benefit transfers under this division and draw lump
sum warrants payable to that institution in the amount to be
transferred. Accounts maintained by the auditor of state or the
auditor of state's agent in a financial institution for the purpose of
effectuating
payment by direct deposit or electronic benefit transfer shall be
maintained in accordance with section 135.18 of the Revised Code.
(C) All other payments from the state treasury shall be
made by paper warrants or by direct deposit payable to the respective
payees. The
auditor of state may mail the paper warrants to the respective
payees or distribute them through other state agencies, whichever
the auditor of state determines to be the better procedure.
(D) If the average per transaction cost the auditor of
state incurs in making direct deposits for a state agency exceeds
the average per transaction cost the auditor of state incurs
in drawing paper
warrants for all public offices during the same period of time,
the auditor of state may certify the difference in cost and
the number of direct
deposits for the agency to the director of administrative
services. The director shall reimburse the auditor of state for
such additional costs and add the amount to the processing charge
assessed upon the state agency.
Sec. 119.035. An agency may appoint an
advisory committee to advise the agency concerning its
development of a rule, amendment, or rescission, and may
otherwise consult with persons representing interests that would
be affected by the rule, amendment, or rescission were it
actually to be proposed and adopted. Upon an agency's request,
the executive director or another officer or employee of the
Ohio commission on dispute
resolution and conflict management may serve as a group
facilitator for, but not as a member of, such an advisory
committee.
Sec. 121.04. Offices are created within the several
departments as follows:
In the department of commerce:
|
|
Commissioner of securities; |
|
|
Superintendent of real estate and professional licensing; |
|
|
Superintendent of financial institutions; |
|
|
Fire marshal; |
|
|
Superintendent of labor and worker safety; |
|
|
Beginning on July 1, 1997, |
|
|
Superintendent of liquor control; |
|
|
Superintendent of industrial compliance. |
In the department of administrative services:
|
|
State architect and engineer; |
|
|
Equal employment opportunity coordinator. |
In the department of agriculture:
Chiefs of divisions as follows:
|
|
Administration; |
|
|
Animal industry; |
|
|
Dairy; |
|
|
Food safety; |
|
|
Plant industry; |
|
|
Markets; |
|
|
Meat inspection; |
|
|
Consumer analytical laboratory; |
|
|
Amusement ride safety; |
|
|
Enforcement; |
|
|
Weights and measures. |
In the department of natural resources:
Chiefs of divisions as follows:
|
|
Water; |
|
|
Mineral resources management; |
|
|
Forestry; |
|
|
Natural areas and preserves; |
|
|
Wildlife; |
|
|
Geological survey; |
|
|
Parks and recreation; |
|
|
Watercraft; |
|
|
Recycling and litter prevention; |
|
|
Civilian conservation; |
|
|
Soil and water conservation; |
|
|
Real estate and land management; |
|
|
Engineering. |
In the department of insurance:
|
|
Deputy superintendent of insurance; |
|
|
Assistant superintendent of insurance, technical; |
|
|
Assistant superintendent of insurance,
administrative; |
|
|
Assistant superintendent of insurance, research. |
Sec. 121.08. (A) There is hereby created in the
department
of commerce the position of deputy director of
administration.
This officer shall be appointed by the director of commerce,
serve
under the director's direction,
supervision, and control, perform
such duties as the director
prescribes, and hold office during the
director's pleasure.
The director of commerce may designate an
assistant director of
commerce to serve as the deputy director of
administration. The deputy director of administration shall
perform such
duties as
are prescribed by the director of commerce
in supervising the
activities of the division of administration of
the department of
commerce.
(B) Except as provided in section 121.07 of the Revised
Code,
the department of commerce shall have all powers and perform
all
duties vested in the deputy director of administration, the
state fire
marshal,
the superintendent of financial institutions,
the superintendent of real
estate and professional licensing, the
superintendent of liquor control, the superintendent of the
division of
industrial compliance, the superintendent of labor and
worker
safety, and the commissioner of
securities, and shall have
all powers and perform all duties
vested by law in all officers,
deputies, and employees of such
offices. Except as provided in
section 121.07 of the Revised
Code, wherever powers are conferred
or duties imposed upon any of
such officers, such powers and
duties shall be construed as
vested in the department of commerce.
(C)(1) There is hereby created in the department of commerce
a
division of financial institutions, which shall have all powers
and perform all
duties vested by law in the superintendent of
financial institutions.
Wherever
powers are conferred or duties
imposed upon the superintendent of
financial institutions, such
powers and duties shall be construed
as vested in the
division of
financial institutions. The division of
financial institutions
shall be administered
by a superintendent of financial
institutions.
(2) All provisions of law governing the superintendent of
financial institutions
shall apply to and govern the
superintendent of financial institutions
provided
for in this
section; all authority vested by law in the
superintendent of
financial institutions with respect to the
management of the
division of financial institutions shall be construed as vested in
the
superintendent of financial institutions created by this
section
with respect to
the division of financial institutions
provided for in this
section; and all
rights, privileges, and
emoluments conferred by law upon the
superintendent of financial
institutions shall be construed as
conferred upon the
superintendent of financial institutions as head of the division
of financial institutions. The
director of commerce shall not
transfer from the division of financial
institutions any of the
functions specified in division
(C)(2) of this
section.
(D) Beginning on July 1, 1997, there is hereby created in
the department of commerce a division of liquor control, which
shall have all
powers and perform all duties vested by law in the
superintendent of liquor
control. Wherever powers are conferred
or duties are imposed upon the
superintendent of liquor
control,
those powers and duties shall be construed as vested in the
division
of liquor control. The division of liquor control shall
be administered by a
superintendent of liquor control.
(E) The director of commerce shall not be interested,
directly or indirectly,
in any firm or corporation which is a
dealer in
securities as defined in sections 1707.01 and 1707.14 of
the
Revised Code, or in any firm or corporation licensed under
sections 1321.01 to 1321.19 of the Revised Code.
(F) The director of commerce shall not have any official
connection
with a savings and
loan association, a savings bank, a
bank, a bank holding company, a savings
and loan association
holding company, a consumer finance company, or a credit
union
that is under the supervision of the division of financial
institutions, or a subsidiary of any
of the preceding entities, or
be interested in the business thereof.
(G) There is hereby created in the state treasury the
division
of administration fund. The fund shall receive
assessments on
the operating funds of the department of commerce
in accordance
with procedures prescribed by the director of
commerce and
approved by the director of budget and management.
All operating
expenses of the division of administration shall be
paid from the
division of administration fund.
(H) There is hereby created in the department of commerce a
division of real
estate and professional licensing, which shall be
under the control and
supervision of the director of commerce.
The division of real estate and
professional licensing shall be
administered by a superintendent of real
estate and professional
licensing. The superintendent of real estate and
professional
licensing shall exercise the powers and perform the functions and
duties delegated to the superintendent under Chapters 4707.,
4735., 4749.,
4763., and 4767. of the Revised Code.
(I) There is hereby created in the department of commerce a
division
of labor and worker safety, which shall have all powers
and perform all
duties vested by law in the superintendent of
labor and worker safety.
Wherever powers are conferred or duties
imposed upon the superintendent
of labor and worker safety, such
powers and duties shall be
construed as vested in the division of
labor and worker safety.
The division of labor and worker safety
is under the control
and supervision of the director of commerce,
and administered by a
superintendent of labor and worker safety.
The superintendent of
labor and worker safety shall exercise the
powers and perform the
duties delegated to the superintendent by
the director under
Chapters
4709.
4109.,
4711.
4111.,
4715.
4115., and
4767.
4167. of the
Revised Code.
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. 121.36. (A) As used in this section, "home care dependent adult" means an individual who resides in a private home or other noninstitutional and unlicensed living arrangement, without the presence of a parent or guardian, but has health and safety needs that require the provision of regularly scheduled home care services to remain in the home or other living arrangement because one of the following is the case:
(1) The individual is at least twenty-one years of age but less than sixty years of age and has a disability.
(2) The individual is sixty years of age or older, regardless of whether the individual has a disability.
(B) Except as provided in division (D) of this section, the departments of mental retardation and developmental disabilities, aging, job and family services, and health shall each implement this section with respect to all contracts entered into by the department for the provision of home care services to home care dependent adults that are paid for in whole or in part with federal, state, or local funds. Except as provided in division (D) of this section, each department shall also require all public and private entities that receive money from or through the department to comply with this section when entering into contracts for the provision of home care services to home care dependent adults that are paid for in whole or in part with federal, state, or local funds. Such entities may include county boards of mental retardation and developmental disabilities, area agencies on aging, county departments of job and family services, and boards of health of city and general health districts.
(C) Beginning one year after the effective date of this section, each contract subject to this section shall include terms requiring that the provider of home care services to home care dependent adults have a system in place that effectively monitors whether the provider's employees are present at the location where the services are to be provided and at the time the services are to be provided. To be considered an effective monitoring system for purposes of the contract, the system established by a provider must include at least the following components:
(1) A mechanism for verifying whether the provider's employees are providing home care services at the location where the services are to be provided and at the time the services are to be provided;
(2) A protocol to be followed in scheduling a substitute employee when the monitoring mechanism identifies that an employee has failed to provide home care services at the proper location and time, including standards for determining the length of time that may elapse without jeopardizing the health and safety of the home care dependent adult;
(3) Procedures for maintaining records of the information obtained through the monitoring mechanism;
(4) Procedures for compiling notarized annual reports of the information obtained through the monitoring mechanism, including statistics on the rate at which home care services were provided at the proper location and time;
(5) Procedures for conducting random checks of the accuracy of the monitoring system. For purposes of conducting these checks, random is considered not less than five nor more than fifteen per cent of the home care visits the provider's employees make to different home care dependent adults within a particular work shift.
(D) In implementing this section, the departments shall exempt providers of home care services who are self-employed providers with no other employees or are otherwise considered by the departments not to be agency providers. The departments shall conduct a study on how the exempted providers may be made subject to the requirement of effectively monitoring whether home care services are being provided at the location where the services are to be provided and at the time the services are to be provided. Not later than two years after the effective date of this section, the departments shall prepare a report of their findings and recommendations. The report shall be submitted to the president of the senate and the speaker of the house of representatives.
(E) The departments of mental retardation and developmental disabilities, aging, job and family services, and health shall each adopt rules as necessary to implement this section. The rules shall be adopted in accordance with Chapter 119. of the Revised Code.
Sec. 121.41. As used in sections 121.41 to 121.50 of the
Revised Code:
(A) "Appropriate ethics commission" has the same meaning
as in section 102.01 of the Revised Code.
(B) "Appropriate licensing agency" means a public or
private entity that is responsible for licensing, certifying, or
registering persons who are engaged in a particular vocation.
(C) "Person" has the same meaning as in section 1.59 of
the Revised Code and also includes any officer or employee of the
state or any political subdivision of the state.
(D)(1) "State agency" has the same meaning as in section 1.60
of the Revised Code but and also includes any of the following:
(a) The Ohio retirement study council;
(b) The public employees retirement system, state teachers retirement system, school employees retirement system, Ohio police and fire pension fund, and state highway patrol retirement system;
(c) The Ohio historical society.
(2) "State agency" does not include any of the following:
(1)(a) The general assembly;
(3)(c) The secretary of state, auditor of state, treasurer of
state, or attorney general and their respective offices.
(E) "State employee" means any person who is an employee
of a state agency or any person who does business with the state.
(F) "State officer" means any person who is elected or
appointed to a public office in a state agency.
(G) "Wrongful act or omission" means an act or omission,
committed in the course of office holding or employment, that is
not in accordance with the requirements of law or such the standards
of proper governmental conduct as that are commonly accepted in the
community and thereby subverts, or tends to subvert, the process
of government.
Sec. 121.48. There is hereby created the office of the
inspector general, to be headed by the inspector general.
The governor shall appoint the inspector general, subject
to section 121.49 of the Revised Code and the advice and consent
of the senate. The inspector general shall hold office for a
term coinciding with the term of the appointing governor. The
governor may remove the inspector general from office only after
delivering written notice to the inspector general of the reasons
for which he the governor intends to remove him the
inspector general from office and providing him the inspector
general
with an opportunity to appear and show cause why he the inspector
general should not be
removed.
In addition to the duties imposed by section 121.42 of the
Revised Code, the inspector general shall manage the office of
the inspector general. The inspector general shall establish and
maintain offices in Columbus.
The inspector general may appoint one or more deputy
inspectors general. Each deputy inspector general shall serve
for a term coinciding with the term of the appointing inspector
general, and shall perform such the duties, including the performance
of investigations, as that are assigned by the inspector general. All
deputy inspectors general are in the unclassified service and
serve at the pleasure of the inspector general.
In addition to deputy inspectors general, the inspector
general may appoint such professional, technical, and clerical
employees as that are necessary for the effective and efficient
operation of the office of the inspector general. All
professional, technical, and clerical employees of the office of
the inspector general are in the unclassified service and serve
at the pleasure of the appointing inspector general.
The inspector general may enter into any contracts that are
necessary to the operation of the office of the inspector
general. The contracts may include, but are not limited to,
contracts for the services of persons who are experts in a
particular field and whose expertise is necessary to the
successful completion of an investigation.
The inspector general may enter into agreements with state agencies for reimbursement of the costs of investigations by the inspector general under section 121.42 of the Revised Code and may accept from private parties reimbursement of the costs of investigations by the inspector general that result in judicial or administrative proceedings against the parties.
Not later than the first day of March in each year, the
inspector general shall publish an annual report summarizing the
activities of his the inspector general's office during the
previous calendar year. The
annual report shall not disclose the results of any investigation
insofar as the results are designated as confidential under
section 121.44 of the Revised Code.
The inspector general shall provide copies of his the inspector
general's annual
report to the governor and the general assembly. The inspector
general also shall provide a copy of his the annual report to
any
other person who requests the copy and pays a fee prescribed by
the inspector general. The fee shall not exceed the cost of
reproducing and delivering the annual report.
Sec. 121.482. There is hereby created in the state treasury the inspector general reimbursement fund. All amounts received by the inspector general under section 121.48 of the Revised Code as reimbursement of the costs of investigation shall be paid into the state treasury to the credit of the fund. Money in the fund shall be used for the expenses of the office of the inspector general.
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 assess a late filing fee equal to twelve dollars and fifty cents per day, up to a maximum fee of one hundred dollars, upon that person. The joint committee may waive the late filing fee for good cause shown.
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. 122.041. 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, as defined in that section;
(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 assistance 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 and submit to the governor a detailed report 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. 122.08. (A) There is hereby created within the
department of development an office to be known as the office of
small business. The office shall be under the supervision of a
manager appointed by the director of development.
(B) The office shall do all of the following:
(1) Act as liaison between the small business community
and state governmental agencies;
(2) Furnish information and technical assistance to
persons and small businesses concerning the establishment and
maintenance of a small business, and concerning state laws and
rules relevant to the operation of a small business. In
conjunction with these duties, the office shall keep a record of
all state agency rules affecting individuals, small businesses,
or small organizations, as defined in section 121.24 of the
Revised Code, and may testify before the joint committee on
agency rule review concerning any proposed rule affecting
individuals, small businesses, or small organizations.
(3) Prepare and publish the small business register under
section 122.081 of the Revised Code;
(4) Receive complaints from small businesses concerning
governmental activity, compile and analyze those complaints, and
periodically make recommendations to the governor and the general
assembly on changes in state laws or agency rules needed to
eliminate burdensome and unproductive governmental regulation to
improve the economic climate within which small businesses
operate;
(5) Receive complaints or questions from small businesses
and direct such those businesses to the appropriate governmental
agency. If, within a reasonable period of time, a complaint is
not satisfactorily resolved or a question is not satisfactorily
answered, the office shall, on behalf of the small business, make
every effort to secure a satisfactory result. For this purpose,
the office may consult with any state governmental agency and may
make any suggestion or request that seems appropriate.
(6) Utilize, to the maximum extent possible, the printed
and electronic media to disseminate information of current
concern and interest to the small business community and to make
known to small businesses the services available through the
office. The office shall publish such books, pamphlets, and
other printed materials, and shall participate in such trade
association meetings, conventions, fairs, and other meetings
involving the small business community, as the manager considers
appropriate.
(7) Prepare for inclusion in the department of
development's annual report to the governor and general assembly,
a description of the activities of the office and a report of the
number of rules affecting individuals, small businesses, and
small organizations that were filed with the office under
division (B)(2) of section 121.24 of the Revised Code, during the
preceding calendar year;
(8) Operate the Ohio one-stop business permit center first-stop business connection to assist
individuals in identifying and preparing applications for business licenses,
permits, and certificates and to serve as the central public distributor for
all forms, applications, and other information related to business licensing.
Each state agency, board, and commission shall cooperate in providing
assistance, information, and materials to enable the center connection to perform its
duties under this division (B)(8) of this section.
(C) The office of small business may, upon the request of
a state agency, assist the agency with the preparation of any
rule that will affect individuals, small businesses, or small
organizations.
(D) The director of development shall assign such
employees and furnish such equipment and supplies to the office
as the director considers necessary for the proper
performance of the duties assigned to the office.
Sec. 122.17. (A) As used in this section:
(1) "Full-time employee" means an individual who is
employed for consideration for at least thirty-five hours a week,
or who renders any other standard of service generally accepted
by custom or specified by contract as full-time employment.
(2) "New employee" means one of the following:
(a) A full-time employee first employed by a taxpayer in
the project that is the subject of the agreement after the
taxpayer enters into a tax credit agreement with the tax credit
authority under this section;
(b) A full-time employee first employed by a taxpayer in
the project that is the subject of the tax credit after the tax
credit authority approves a project for a tax credit under this
section in a public meeting, as long as the taxpayer enters into
the tax credit agreement prepared by the department of
development after such meeting within sixty days after receiving
the agreement from the department. If the taxpayer fails to
enter into the agreement within sixty days, "new employee" has
the same meaning as under division (A)(2)(a) of this section.
Under division (A)(2)(a) or (b) of this section, if the tax
credit authority determines it appropriate, "new employee" also
may include an employee re-hired or called back from lay-off to
work in a new facility or on a new product or service established
or produced by the taxpayer after entering into the agreement
under this section or after the tax credit authority approves the
tax credit in a public meeting. "New employee" does not include
any employee of the taxpayer who was previously employed in this
state by a related member of the taxpayer and whose employment
was shifted to the taxpayer after the taxpayer entered into the
tax credit agreement or after the tax credit authority approved
the credit in a public meeting, or any employee of the taxpayer
for which the taxpayer has been granted a certificate under
division (B) of section 5709.66 of the Revised Code.
"New employee" also does not include an employee of the
taxpayer who is employed in an employment position that
was
relocated to a project from other operations of the taxpayer in
this state or from operations of a related member of the
taxpayer in this state.
In
addition, "new employee" does not include a child, grandchild,
parent, or spouse, other than a spouse who is legally separated
from the individual, of any individual who is an employee of the
taxpayer and who has a direct or indirect ownership interest of
at least five per cent in the profits, capital, or value of the
taxpayer. Such ownership interest shall be determined in
accordance with section 1563 of the Internal Revenue Code and
regulations prescribed thereunder.
(3) "New income tax revenue" means the total amount
withheld under section 5747.06 of the Revised Code by the
taxpayer during the taxable year from the compensation of new
employees for the tax levied under Chapter 5747. of the Revised
Code.
(4) "Related member" has the same meaning as under
division (A)(6) of section 5733.042 of the Revised Code without
regard to division (B) of that section.
(B) The tax credit authority may make grants under this
section to foster job creation in this state. Such a grant shall
take the form of a refundable credit allowed against the tax
imposed by section 5733.06 or
5747.02 of the Revised Code. The
credit shall be claimed for the taxable years specified in the
taxpayer's agreement with the tax credit authority under division
(D) of this section. The credit shall be claimed after the
allowance of all other credits provided by Chapter 5733. or 5747.
of the Revised Code. The amount of the credit equals the new
income tax revenue for the taxable year multiplied by the
percentage specified in the agreement with the tax credit
authority.
(C) A taxpayer or potential taxpayer who proposes a
project to create new jobs in this state may apply to the tax
credit authority to enter into an agreement for a tax credit
under this section. The director of development
shall prescribe
the form of the application. After receipt of an application,
the authority may enter into an agreement with the taxpayer for a
credit under this section if it determines all of the following:
(1) The taxpayer's project will create new jobs in this
state;
(2) The taxpayer's project is economically sound and will
benefit the people of this state by increasing opportunities for
employment and strengthening the economy of this state;
(3) Receiving the tax credit is a major factor in the
taxpayer's decision to go forward with the project.
(D) An agreement under this section shall include all of
the following:
(1) A detailed description of the project that is the
subject of the agreement;
(2) The term of the tax credit, which shall not exceed ten fifteen
years, and the first taxable year for which the credit may be
claimed;
(3) A requirement that the taxpayer shall maintain
operations at the project location for at least twice the number
of years as the term of the tax credit;
(4) The percentage, as determined by the tax credit
authority, of new income tax revenue that will be allowed as the
amount of the credit for each taxable year;
(5) A specific method for determining how many new
employees are employed during a taxable year;
(6) A requirement that the taxpayer annually shall report
to the director of development the number of new
employees, the
new income tax revenue withheld in connection with the new
employees, and any other information the director needs to
perform his the director's duties under this section;
(7) A requirement that the director of
development
annually shall verify the amounts reported under division (D)(6)
of this section, and after doing so shall issue a certificate to
the taxpayer stating that the amounts have been verified;
(8)(a) A provision requiring that the
taxpayer, except as otherwise provided in division
(D)(8)(b) of this section,
shall not relocate employment positions from elsewhere in this state to the
project site that
is the subject of the agreement for the lesser of five years from the date the
agreement is entered into or the number of years the
taxpayer is entitled to claim the tax credit.
(b) The taxpayer may relocate employment positions from elsewhere
in
this state to the project site that is the subject of the agreement if the
director of development determines both of the
following:
(i) That the site from which the employment positions would be
relocated
is inadequate to meet market and industry conditions, expansion plans,
consolidation plans, or other business considerations affecting the
taxpayer;
(ii) That the legislative authority of the county,
township, or municipal corporation from which the employment positions would
be relocated has
been notified of the relocation.
For purposes of this section, the movement of an
employment position from one political subdivision to another
political subdivision shall be considered a relocation of an
employment position, but the transfer of an individual employee
from one political subdivision to another political subdivision
shall not be considered a relocation of an employment position
as long as the individual's employment position in the first
political subdivision is refilled.
(E) If a taxpayer fails to meet or comply with any
condition or requirement set forth in a tax credit agreement, the
tax credit authority may amend the agreement to reduce the
percentage or term of the tax credit. The reduction of the
percentage or term shall take effect in the taxable year
immediately following the taxable year in which the authority
amends the agreement.
If the taxpayer relocates employment positions in violation of the
provision required
under division (D)(8)(a)
of this section, the taxpayer shall not claim the tax credit under section
5733.0610 of the Revised Code for any tax years
following the calendar year in which the relocation occurs, or shall not claim
the tax credit under
section 5747.058 of the Revised Code for the taxable year in
which the relocation occurs and any subsequent taxable years.
(F) Projects that consist solely of
point-of-final-purchase retail facilities are not eligible for a
tax credit under this section. If a project consists of both
point-of-final-purchase retail facilities and nonretail
facilities, only the portion of the project consisting of the
nonretail facilities is eligible for a tax credit and only the
new income tax revenue from new employees of the nonretail
facilities shall be considered when computing the amount of the
tax credit. If a warehouse facility is part of a
point-of-final-purchase retail facility and supplies only that
facility, the warehouse facility is not eligible for a tax
credit. Catalog distribution centers are not considered
point-of-final-purchase retail facilities for the purposes of
this division, and are eligible for tax credits under this
section.
(G) Financial statements and other information submitted
to the department of development or the tax
credit authority by
an applicant or recipient of a tax credit under this section, and
any information taken for any purpose from such statements or
information, are not public records subject to section 149.43 of
the Revised Code. However, the chairperson of the
authority may
make use of the statements and other information for purposes of
issuing public reports or in connection with court proceedings
concerning tax credit agreements under this section. Upon the
request of the tax commissioner, the chairperson of the
authority
shall provide to the commissioner any statement or information
submitted by an applicant or recipient of a tax credit in
connection with the credit. The commissioner shall preserve the
confidentiality of the statement or information.
(H) A taxpayer claiming a credit under this section shall
submit to the tax commissioner a copy of the director of
development's certificate of verification under division (D)(7)
of this section for the taxable year. However, failure to submit
a copy of the certificate does not invalidate a claim for a
credit.
(I) The director of development, after
consultation with
the tax commissioner and in accordance with Chapter 119. of the
Revised Code, shall adopt rules necessary to implement this
section. The rules may provide for recipients of tax credits
under this section to be charged fees to cover administrative
costs of the tax credit program. At the time the director
gives public
notice under division (A) of section 119.03 of the Revised Code
of the adoption of the rules, the director shall submit copies of
the proposed rules to the chairpersons of the standing
committees on
economic development in the senate and the house of
representatives.
(J) For the purposes of this section, a taxpayer may
include a partnership, a corporation that has made an election
under subchapter S of chapter one of subtitle A of the Internal
Revenue Code, or any other business entity through which income
flows as a distributive share to its owners. A credit received
under this section by a partnership, S-corporation, or other such
business entity shall be apportioned among the persons to whom
the income or profit of the partnership, S-corporation, or other
entity is distributed, in the same proportions as those in which
the income or profit is distributed.
(K) If the director of development determines
that a
taxpayer who has received a credit under this section is not
complying with the requirement under division (D)(3) of this
section, the director shall notify the tax credit authority
of the
noncompliance. After receiving such a notice, and after giving
the taxpayer an opportunity to explain the noncompliance, the tax
credit authority may require the taxpayer to refund to this state
a portion of the credit in accordance with the following:
(1) If the taxpayer maintained operations at the project
location for at least one and one-half times the number of years
of the term of the tax credit, an amount not exceeding
twenty-five per cent of the sum of any previously allowed credits
under this section;
(2) If the taxpayer maintained operations at the project
location for at least the number of years of the term of the tax
credit, an amount not exceeding fifty per cent of the sum of any
previously allowed credits under this section;
(3) If the taxpayer maintained operations at the project
location for less than the number of years of the term of the tax
credit, an amount not exceeding one hundred per cent of the sum
of any previously allowed credits under this section.
In determining the portion of the tax credit to be refunded
to this state, the tax credit authority shall consider the effect
of market conditions on the taxpayer's project and whether the
taxpayer continues to maintain other operations in this state.
After making the determination, the authority shall certify the
amount to be refunded to the tax commissioner. The commissioner
shall make an assessment for that amount against the taxpayer
under Chapter 5733. or 5747. of the Revised Code. The time
limitations on assessments under Chapter 5733. or 5747. of the
Revised Code do not apply to an assessment under this division,
but the commissioner shall make the assessment within one year
after the date the authority certifies to the commissioner
the amount to be
refunded.
(L) On or before the thirty-first day of March each year,
the director of development shall submit a
report to the
governor, the president of the senate, and the speaker of the
house of representatives on the tax credit program under this
section. The report shall include information on the number of
agreements that were entered into under this section during the
preceding calendar year, a description of the project that is the
subject of each such agreement, and an update on the status of
projects under agreements entered into before the preceding
calendar year.
During the fifth year of the tax credit program, the
director of development in conjunction with the
director of
budget and management shall conduct an evaluation of it. The
evaluation shall include assessments of the effectiveness of the
program in creating new jobs in this state and of the revenue
impact of the program, and may include a review of the practices
and experiences of other states with similar programs. The
director of development shall submit a report on
the evaluation
to the governor, the president of the senate, and the speaker of
the house of representatives on or before January 1, 1998.
(M) There is hereby created the tax credit authority,
which consists of the director of development
and four other
members appointed as follows: the governor, the president of the
senate, and the speaker of the house of representatives each
shall appoint one member who shall be a specialist in economic
development; the governor also shall appoint a member who is a
specialist in taxation. Of the initial appointees, the members
appointed by the governor shall serve a term of two years; the
members appointed by the president of the senate and the speaker
of the house of representatives shall serve a term of four years.
Thereafter, terms of office shall be for four years. Initial
appointments to the authority shall be made within thirty days
after January 13,
1993. Each
member shall serve on the authority until the end of the term for
which the member was appointed. Vacancies shall be filled in
the same
manner provided for original appointments. Any member appointed
to fill a vacancy occurring prior to the expiration of the term
for which the member's predecessor was appointed shall hold
office for the
remainder of that term. Members may be reappointed to the
authority. Members of the authority shall receive their
necessary and actual expenses while engaged in the business of
the authority. The director of development
shall serve as
chairperson of the authority, and the members annually
shall elect a
vice-chairperson from among themselves. Three
members of the
authority constitute a quorum to transact and vote on the
business of the authority. The majority vote of the membership
of the authority is necessary to approve any such business,
including the election of the vice-chairperson.
The director of development may appoint a
professional employee of the department of
development to serve as the director's substitute at a meeting of the
authority. The director shall
make the appointment in writing. In the absence of the director
from a meeting of the authority, the appointed substitute shall
serve as chairperson. In the absence of both the
director and the director's
substitute from a meeting, the vice-chairperson
shall serve as
chairperson.
Sec. 122.171. (A) As used in this section:
(1) "Capital investment project" means a plan of investment
at a project site for the acquisition, construction, renovation,
or repair of
buildings, machinery, or equipment,
or for
capitalized costs of basic research and new product development
determined in accordance with generally accepted accounting
principles, but does not
include
any of the following:
(a) Payments made for the acquisition of personal property
through
operating leases;
(b) Project costs paid before January 1, 2002, or after
December 31, 2006;
(c) Payments made to a related member as defined in section
5733.042 of the Revised Code.
(2) "Eligible business" means a business with Ohio
operations
satisfying all of the following:
(a) Employed an average of at least one thousand employees
in full-time employment positions at a project site during each of
the
twelve months preceding the application for a tax credit under
this section; and
(b) On or after January 1, 2002, has made payments for the
capital investment project of
either of the following:
(i) At least two hundred million dollars in the aggregate
at the project
site during a period of three consecutive calendar
years
including the calendar year that includes a day of the
taxpayer's taxable year with respect to which the credit is
granted;
(ii) If the average wage of all full-time employment positions at the
project site is greater than four hundred per cent of the federal
minimum wage, at least one hundred million dollars in the aggregate at the project
site during a period of three consecutive calendar years including
the calendar year that includes a day of the taxpayer's taxable
year with respect to which the credit is granted.
(c)
Is engaged at the project site primarily as a
manufacturer or is providing significant corporate administrative
functions;
(d) Has had a capital investment project reviewed and
approved by the tax credit
authority as provided in divisions (C),
(D), and (E) of this
section.
(3) "Full-time employment position" means a position of
employment for consideration for at least thirty-five hours a
week that has been
filled for at least
one hundred eighty days immediately preceding
the filing of an
application under this section and for at least
one hundred eighty days during each taxable year with respect to
which the credit is
granted.
(4)
"Manufacturer" has the same meaning as in section
5739.011 of the Revised Code.
(5) "Project site" means an integrated complex
of facilities
in this state, as specified
by the tax credit authority under this
section, within a
fifteen-mile radius where a taxpayer
is primarily operating as an eligible business.
(6) "Applicable corporation" means a corporation satisfying all of the following:
(a)(i) For the entire taxable year immediately preceding the tax year, the corporation develops software applications primarily to provide telecommunication billing and information services through outsourcing or licensing to domestic or international customers.
(ii) Sales and licensing of software generated at least six hundred million dollars in revenue during the taxable year immediately preceding the tax year the corporation is first entitled to claim the credit provided under division (B) of this section.
(b) For the entire taxable year immediately preceding the tax year, the corporation or one or more of its related members provides customer or employee care and technical support for clients through one or more contact centers within this state, and the corporation and its related members together have a daily average, based on a three hundred sixty-five day year, of at least five hundred thousand successful customer contacts through one or more of their contact centers, wherever located.
(c) The corporation is eligible for the credit under division (B) of this section for the tax year.
(7) "Related member" has the same meaning as in section 5733.042 of the Revised Code as that section existed on the effective date of its amendment by Am. Sub. H.B. 215 of the 122nd general assembly.
(8) "Successful customer contact" means a contact with an end user via telephone, including interactive voice recognition or similar means, where the contact culminates in a conversation or connection other than a busy signal or equipment busy.
(9) "Telecommunications" means all forms of telecommunications service as defined in section 5739.01 of the Revised Code, and includes services in wireless, wireline, cable, broadband, internet protocol, and satellite.
(10)(a) "Applicable difference" means the difference between the tax for the tax year under Chapter 5733. of the Revised Code applying the law in effect for that tax year, and the tax for that tax year if section 5733.042 of the Revised Code applied as that section existed on the effective date of its amendment by Am. Sub. H.B. 215 of the 122nd general assembly, subject to division (A)(10)(b) of this section.
(b) If the tax rate set forth in division (B) of section 5733.06 of the Revised Code for the tax year is less than eight and one-half per cent, the tax calculated under division (A)(10)(a) of this section shall be computed by substituting a tax rate of eight and one-half per cent for the rate set forth in division (B) of section 5733.06 of the Revised Code for the tax year.
(c) If the resulting difference is negative, the applicable tax difference for the tax year shall be zero.
(B) The tax credit authority created under section 122.17 of
the Revised Code may grant tax credits under this section for the
purpose of fostering job retention in this state. Upon
application by an eligible business and upon consideration of the
recommendation of the director of budget and management, tax
commissioner, and director of development under division (C) of
this section, the tax credit authority may grant to an eligible
business a nonrefundable credit against the tax imposed by section
5733.06 or 5747.02 of the Revised Code for a period up to ten fifteen
taxable years. The credit shall be in an
amount not exceeding
seventy-five per cent of the Ohio income tax withheld
from the
employees of the eligible business occupying full-time employment
positions at the
project site during the calendar year that
includes the last day of such business' taxable year
with respect
to which the
credit is granted. The amount of the credit shall
not be based on
the Ohio income tax withheld from full-time
employees for a
calendar year prior to the calendar year in which
the
minimum investment
requirement
referred to in
division
(A)(2)(b) of this section is completed.
The
credit shall
be
claimed only for the taxable years specified
in the
eligible
business' agreement with the tax credit authority
under division
(E) of this section, but in no event shall the
credit be claimed
for a taxable year terminating before the date
specified in the
agreement.
The credit computed under this division is in addition to any credit allowed under division (M) of this section.
Any unused portion of a tax credit may be carried forward
for
not more than three additional years after the year for which
the
credit is granted.
(C) A taxpayer
that proposes a capital investment
project to
retain jobs in this state may apply to the tax credit
authority to
enter into an agreement for a tax credit under this
section. The
director of development shall prescribe the form of
the
application. After receipt of an application, the authority
shall
forward copies of the application to the director of budget
and
management, the tax commissioner, and the director of
development,
each of whom shall review the application to
determine the
economic impact the proposed project would have on
the state and
the affected political subdivisions and shall submit
a summary of
their determinations and recommendations to the
authority. The
authority shall make no agreements under this
section after June
30, 2007.
(D) Upon review of the determinations and recommendations
described in division (C) of this section, the tax credit
authority may enter into an agreement with the taxpayer for a
credit under this section if
the authority determines all of
the following:
(1) The taxpayer's capital investment project will result in
the retention of full-time employment positions in this state.
(2) The taxpayer is economically sound and has the ability
to complete the proposed capital investment project.
(3) The taxpayer intends to and has the ability to maintain
operations at the project site for at least twice the term of the
credit.
(4) Receiving the credit is a major factor in the taxpayer's
decision to begin, continue with, or complete the project.
(5) The political subdivisions in which the project is
located have agreed to provide substantial financial support to
the project.
(E) An agreement under this section shall include all of the
following:
(1) A detailed description of the project that is the
subject of the agreement, including the amount of the investment,
the period over which the investment has been or is being made,
and the number of full-time employment positions at the project
site.
(2) The method of calculating the number of full-time
employment positions as specified in division (A)(3) of this
section.
(3) The term and percentage of the tax credit,
and the
first
year for which the credit may be claimed.
(4) A requirement that the taxpayer maintain
operations at
the project site for at least twice the number
of years as the
term of the credit.
(5) A requirement that the taxpayer retain a specified
number of full-time employment positions at the project site and
within this state for the term of the credit, including a
requirement that the taxpayer continue to employ at least one
thousand employees in full-time employment positions at the
project
site during the entire term of any agreement, subject to
division (E)(7)
of this section.
(6) A requirement that the taxpayer annually report to the
director of development the number of full-time employment
positions subject to the credit, the amount of tax withheld from
employees in those positions, the amount of the payments made for
the capital investment project, and any other information the
director needs to perform the director's duties under this
section.
(7) A requirement that the director of development annually
review the annual reports of the taxpayer to verify the
information reported under division (E)(6) of this section and
compliance with the agreement. Upon verification, the director
shall issue a certificate to the taxpayer stating that the
information has been verified and identifying the amount of the
credit for the taxable year. The Unless otherwise specified by the tax credit authority in a resolution and included as part of the agreement, the director shall not issue a
certificate for any year in which the total number of filled
full-time employment positions for each day of the calendar year
divided by three hundred sixty-five is less than ninety per cent
of the full-time employment positions specified in division (E)(5)
of this section. In determining the number of full-time
employment positions, no position shall be counted that is filled
by an employee who is included in the calculation of a tax credit
under section 122.17 of the Revised Code.
(8)(a) A provision requiring that the taxpayer, except as
otherwise provided in division (E)(8)(b) of this section, shall
not relocate employment positions from elsewhere in this state to
the project site that is the subject of the agreement for the
lesser of five years from the date the agreement is entered into
or the number of years the taxpayer is entitled to claim the
credit.
(b) The taxpayer may relocate employment positions from
elsewhere in this state to the project site that is the subject of
the agreement if the director of development determines both of
the following:
(i) That the site from which the employment positions would
be relocated is inadequate to meet market and industry conditions,
expansion plans, consolidation plans, or other business
considerations affecting the taxpayer;
(ii) That the legislative authority of the county, township,
or municipal corporation from which the employment positions would
be relocated has been notified of the relocation.
For purposes of
this section, the movement of an employment
position from one
political subdivision to another political
subdivision shall be
considered a relocation of an employment
position unless the movement is confined to the project site.
The
transfer of an individual employee from one
political
subdivision
to another political subdivision shall not
be
considered a
relocation of an employment position as long as
the
individual's
employment position in the first political
subdivision is
refilled.
(9) A waiver by the taxpayer of any limitations periods
relating to assessments or adjustments resulting from the
taxpayer's failure to comply with the agreement.
(F) If a taxpayer fails to meet or comply with any condition
or requirement set forth in a tax credit agreement, the tax credit
authority may amend the agreement to reduce the percentage or term
of the credit. The reduction of the percentage or term shall take
effect in the taxable year immediately following the taxable year
in which the authority amends the agreement. If the taxpayer
relocates employment positions in violation of the provision
required under division (D)(8)(a) of this section, the taxpayer
shall not claim the tax credit under section 5733.0610 of the
Revised Code for any tax years following the calendar year in
which the relocation occurs, or shall not claim the tax credit
under section 5747.058 of the Revised Code for the taxable year in
which the relocation occurs and any subsequent taxable years.
(G) Financial statements and other information submitted to
the department of development or the tax credit authority by an
applicant for or recipient of a tax credit under this section, and
any information taken for any purpose from such statements or
information, are not public records subject to section 149.43 of
the Revised Code. However, the chairperson of the authority may
make use of the statements and other information for purposes of
issuing public reports or in connection with court proceedings
concerning tax credit agreements under this section. Upon the
request of the tax commissioner, the chairperson of the authority
shall provide to the commissioner any statement or other
information submitted by an applicant for or recipient of a tax
credit in connection with the credit. The commissioner shall
preserve the confidentiality of the statement or other
information.
(H) A taxpayer claiming a tax credit under this section
shall submit to the tax commissioner a copy of the director of
development's certificate of verification under division (E)(7) of
this section for the taxable year. However, failure to submit a
copy of the certificate does not invalidate a claim for a credit.
(I) For the purposes of this section, a taxpayer may include
a partnership, a corporation that has made an election under
subchapter S of chapter one of subtitle A of the Internal Revenue
Code, or any other business entity through which income flows as a
distributive share to its owners. A tax credit received under
this section by a partnership, S-corporation, or other such
business entity shall be apportioned among the persons to whom the
income or profit of the partnership, S-corporation, or other
entity is distributed, in the same proportions as those in which
the income or profit is distributed.
(J) If the director of development determines that a
taxpayer
that received a tax credit under this section is
not
complying with the requirement under division (E)(4) of this
section, the
director shall notify the tax credit authority of the
noncompliance. After receiving such a notice, and after giving
the taxpayer an opportunity to explain the noncompliance, the
authority may terminate the agreement and require the taxpayer to
refund to the state all or a portion of the credit claimed in
previous years, as follows:
(1) If the taxpayer maintained operations at the project
site for less than the term of the credit, the amount required to
be refunded shall not exceed the amount of any tax credits
previously allowed and received under this section.
(2) If the taxpayer maintained operations at the project
site longer than the term of the credit but less than one and
one-half times the term of the credit, the amount required to be
refunded shall not exceed fifty per cent of the sum of any tax
credits previously allowed and received under this section.
(3) If the taxpayer maintained operations at the project
site for at least one and one-half times the term of the credit
but less than twice the term of the credit, the amount required to
be refunded shall not exceed twenty-five per cent of the sum of
any tax credits previously allowed and received under this
section.
In determining the portion of the credit to be refunded to
this state, the authority shall consider the effect of market
conditions on the taxpayer's project and whether the taxpayer
continues to maintain other operations in this state. After
making the determination, the authority shall certify the amount
to be refunded to the tax commissioner. The commissioner shall
make an assessment for that amount against the taxpayer under
Chapter 5733. or 5747. of the Revised Code. The time limitations
on assessments under Chapter 5733. or 5747. of the Revised Code do
not apply to an assessment under this division, but the
commissioner shall make the assessment within one year after the
date the authority certifies to the commissioner the amount to be
refunded.
If the director of development determines that a taxpayer
that received a tax credit under this section has reduced the
number of employees agreed to under division (E)(5) of this
section by more than ten per cent, the director shall notify the
tax credit authority of the noncompliance. After receiving such
notice, and after providing the taxpayer an opportunity to explain
the noncompliance, the authority may amend the agreement to reduce
the percentage or term of the tax credit. The reduction in the
percentage or term shall take effect in the taxable year in which
the authority amends the agreement.
(K) The director of development, after consultation with the
tax commissioner and in accordance with Chapter 119. of the
Revised Code, shall adopt rules necessary to implement this
section. The rules may provide for recipients of tax credits
under this section to be charged fees to cover administrative
costs of the tax credit program. At the time the director gives
public notice under division (A) of section 119.03 of the Revised
Code of the adoption of the rules, the director shall submit
copies of the proposed rules to the chairpersons of the standing
committees on economic development in the senate and the house of
representatives.
(L) On or before the thirty-first day of March of each year,
the director of development shall submit a report to the governor,
the president of the senate, and the speaker of the house of
representatives on the tax credit program under this section. The
report shall include information on the number of agreements that
were entered into under this section during the preceding calendar
year, a description of the project that is the subject of each
such agreement, and an update on the status of projects under
agreements entered into before the preceding calendar year.
(M)(1) A nonrefundable credit shall be allowed to an applicable corporation and its related members in an amount equal to the applicable difference. The credit is in addition to the credit granted to the corporation or related members under division (B) of this section. The credit is subject to divisions (B) to (E) and division (J) of this section.
(2) A person qualifying as an applicable corporation under this section for a tax year does not necessarily qualify as an applicable corporation for any other tax year. No person is entitled to the credit allowed under division (M) of this section for the tax year immediately following the taxable year during which the person fails to meet the requirements in divisions (A)(6)(a)(i) and (A)(6)(b) of this section. No person is entitled to the credit allowed under division (M) of this section for any tax year for which the person is not eligible for the credit provided under division (B) of this section.
Sec. 122.25. (A) In administering the program
established
under section 122.24 of the Revised
Code, the director of
development shall do all of the
following:
(1) Annually designate, by the first day of January of
each
year, the entities that constitute the eligible areas in this
state as
defined in section 122.23 of the Revised Code;
(2) Inform local governments and others in the state of
the
availability of the program and financial assistance
established
under sections 122.23 to 122.27 of the
Revised Code;
(3) Report to the governor, president of the
senate, speaker
of the house of representatives, and minority leaders of the
senate and the house of representatives by the
thirtieth day of
June of each year on the activities
carried out under the program
during the preceding calendar
year. The report shall include the
number of loans made that year and the
amount and recipient of
each loan.
(4) Work in conjunction with conventional lending
institutions, local
revolving loan funds, private investors, and
other
private and public financing sources to provide loans or
loan guarantees to
eligible applicants;
(5) Establish fees, charges, interest rates, payment
schedules, local
match requirements, and other
terms and
conditions for loans and loan guarantees provided under the loan
program created by section 122.24 of the
Revised Code;
(6) Require each applicant to demonstrate the suitability of
any site for
the assistance sought; that the site has been
surveyed, has adequate or
available utilities, and that there are
no zoning restrictions, environmental
regulations, or other
matters impairing the use of the site for the purpose
intended;
(7) Require each applicant to provide a marketing plan and
management
strategy for the project;
(8) Adopt rules in accordance with Chapter 119. of the
Revised Code establishing all of the following:
(a) Forms and procedures by which eligible
applicants may
apply for assistance;
(b) Criteria for reviewing, evaluating, and
ranking
applications, and for approving applications that best serve the
goals
of the program;
(c) Reporting requirements and monitoring
procedures;
(d) Guidelines regarding situations in which industrial
parks would be
considered to compete against one another for the
purposes of division
(B)(2) of section 122.27 of the Revised Code;
(e) Any other rules necessary to implement and
administer
the program created by section 122.24 of the
Revised Code.
(B) The director may adopt rules in
accordance with Chapter
119. of the Revised Code
establishing requirements governing
the
use of any industrial park site receiving assistance under section
122.24
of the Revised
Code, such that a certain portion of the
site
must be used for manufacturing, distribution, high
technology, research and
development, or other businesses wherein
a majority of the product or service
produced is exported out of
the state.
(C) As a condition to receiving assistance under section
122.24
of the Revised Code, and except as provided in division
(D)
of this section, an applicant must agree, for a period of five
years, not to permit the use of a site that is developed or
improved with such
assistance to cause the relocation of jobs to
that site from elsewhere in
Ohio.
(D) A site developed or improved with
assistance under
section 122.24 of the Revised
Code may be the site of jobs
relocated from
elsewhere in Ohio if the director of
development
does all of the following:
(1) Makes a written determination that the site from which
the jobs would
be relocated is inadequate to
meet market or
industry conditions, expansion plans, consolidation plans, or
other business considerations affecting the relocating employer;
(2) Provides a copy of the determination
required by
division (D)(1) of this section to
the members of the general
assembly whose legislative districts include the
site from which
the jobs would be relocated, and to the joint legislative
committee on tax incentives;
(3) Determines that the governing body of the area from
which the jobs
would be relocated has been notified in writing by
the relocating company of
the possible relocation.
(E) The director of development must obtain the approval of
the
controlling board for any loan or loan guarantee provided
under sections
122.23 to 122.27 of the Revised Code.
Sec. 122.651. (A) There is hereby created the clean Ohio
council consisting of the director of development or the
director's designee, the director of
environmental protection or
the director's designee, the lieutenant governor or the lieutenant governor's designee, the director of the Ohio public works
commission as a nonvoting, ex officio member, one member of the
majority party of the
senate and one member of the minority party
of the senate to be
appointed by the
president of the senate, one
member of the
majority party of the house of
representatives and
one member of
the minority party of the house of representatives
to be appointed
by the speaker of the house of
representatives,
and seven members
to be appointed by the governor
with the advice
and consent of the
senate. Of the members
appointed by the
governor, one shall
represent the interests of
counties, one shall
represent the
interests of townships, one
shall represent the
interests of
municipal corporations, two
shall represent the
interests of
business and development, and two
shall represent
statewide
environmental advocacy organizations. The members
appointed by
the governor shall reflect the demographic and
economic diversity
of the population of the state. Additionally,
the governor's
appointments shall represent all areas of the
state.
All
appointments to the council shall be made not later
than one hundred twenty
days after
July 26, 2001.
(B) The members appointed by the president of the senate
and
speaker of
the
house of representatives shall serve at the
pleasure of
their
appointing authorities. Of the initial members
appointed by
the
governor to the clean Ohio council, four shall be
appointed
for
two years and three shall be appointed for one year.
Thereafter,
terms of office for members appointed by the governor
shall be for
two years, with each term ending on the same day of
the same month
as did the term that it succeeds. Each of those
members shall
hold office from the date of appointment until the
end of the term
for which the member is appointed.
Members may be reappointed. Vacancies shall be filled in the
same manner as provided for original appointments. Any member
appointed to fill a vacancy occurring prior to the expiration date
of the term for which the member was appointed shall hold office
for the remainder of that term. A member shall continue in office
after the expiration date of the member's term until the member's
successor takes office or until a period of sixty days has
elapsed, whichever occurs first. The governor may remove a member
appointed by the governor for misfeasance, nonfeasance, or
malfeasance in office.
(C) The director of development governor shall appoint a member of the clean Ohio council to serve as the
chairperson of the clean Ohio council. The director of development shall serve as the vice-chairperson of the council unless appointed chairperson. If the director is appointed chairperson, the council annually shall select from among its members a vice-chairperson to serve while the director is chairperson. The council annually shall
select from among its members a vice-chairperson and a secretary
to keep a record of its proceedings. A majority vote of a quorum
of the
members of the council is necessary to take action on any
matter.
The council may adopt bylaws governing its operation,
including
bylaws that establish the frequency of meetings,
procedures for
reviewing eligible projects under sections 122.65
to 122.658 of the
Revised Code and policies and requirements
established under section
122.657 of the Revised
Code, and other
necessary procedures.
(D)
Members of the clean Ohio council shall be deemed to be
public officials or officers only for the purposes of section 9.86
and Chapters 102. and 2921. of the Revised Code. Serving as a
member of the clean Ohio council does not
constitute holding a
public office or position of employment
so as to constitute
grounds for removal
of
public officers or employees
serving as
members of the council
from their offices or positions of
employment.
Members of the
council shall file with the Ohio ethics
commission the disclosure
statement described in division (A) of
section 102.02 of the
Revised Code on the form prescribed by the
commission and be
subject to divisions (C) and (D) of that
section. Members of the
council shall serve without
compensation
for attending council
meetings,
but shall receive their actual and
necessary traveling
and other expenses incurred in the performance
of their official
duties in accordance with the rules of the
office of budget and
management.
(E) Members appointed by the governor
to represent the
interests of counties, townships, and municipal corporations do
not have a
conflict of interest
by virtue of their service in
the
position. For the purposes of this
division, "conflict of
interest" means the taking of any action
as a member
of the
council that affects a public agency the person serves as
an
officer or employee.
(F) The department of development shall provide office space
for the council. The council shall be assisted in its duties by
the staff of the department of development and the environmental
protection agency.
(G) Sections 101.82
to 101.87 of the Revised Code do not
apply to the clean Ohio council.
Sec. 122.658. (A) The clean Ohio revitalization fund is
hereby
created in the state treasury. The fund shall consist of
moneys
credited to it pursuant to section 151.40 of the Revised
Code. Moneys in
the fund
shall be used to make grants or loans
for projects that
have been
approved
by the clean Ohio council in
accordance with
section
122.653 of
the
Revised Code, except that
the council
annually
shall devote
twenty per cent of the net
proceeds of
obligations deposited in the clean
Ohio
revitalization
fund for
the purposes of
section 122.656 of the Revised Code.
Moneys in the clean Ohio revitalization fund may be used to
pay
reasonable
costs incurred by the department of development and
the environmental protection agency in administering
sections
122.65 to
122.658 of the Revised Code. All investment
earnings of
the fund
shall be credited to the fund. For two years after
July
26, 2001, investment
Investment earnings
credited to
the clean Ohio
revitalization fund may be used to pay
costs
incurred by the
department
of
development and the
environmental
protection agency
pursuant to
sections 122.65 to
122.658 of the
Revised Code.
The department of
development
shall administer the clean Ohio
revitalization fund in
accordance with this
section, policies and
requirements established
under section 122.657
of the Revised
Code,
and the terms of
agreements entered into by
the council
under
section 122.653 of
the
Revised Code.
(B) Grants awarded and loans made under section 122.653 of
the Revised Code
shall provide not more than seventy-five per cent
of the estimated
total cost of a project. A grant or loan to any
one project shall not
exceed three million dollars. An applicant
shall provide at least
twenty-five per cent of the estimated total
cost of a project. The
applicant's share may consist of one or a
combination of any of
the following:
(1) Payment of the cost of acquiring the property for the
purposes of sections 122.65 to 122.658
of the Revised Code;
(2) Payment of the reasonable cost of an assessment at the
property;
(3) The reasonable value, as determined by the council, of
labor and materials that will be contributed by the applicant in
performing the cleanup or remediation;
(4) Moneys received by the applicant in any form for use in
performing the cleanup or remediation;
(5) Loans secured by the applicant for the purpose of the
cleanup or remediation of the brownfield.
Costs that were incurred more than two years prior to the
submission of an application to the clean Ohio council for the
acquisition of property, assessments, and labor and materials
shall not be used as part of the applicant's matching share.
(C) The department of development shall not make any payment
to an applicant from the clean Ohio revitalization fund to pay
costs of the applicant that were not included in an application
for a grant or loan under section 122.653 of the Revised Code or
that
exceed the amount of the estimated total cost of the project
included in the application. If, upon completion of a project,
the costs of the project are less than the amounts included in the
application, the amounts included in the application less the
amounts of the actual costs of the project shall be credited to
the clean Ohio revitalization fund. However, the amounts credited
shall be equivalent in percentage to the percentage of the costs
of the project that were to be funded by the grant or loan from
the fund.
(D) Grants awarded or loans made under section 122.653 of
the Revised
Code from the clean Ohio revitalization fund shall be
used by an
applicant only to pay the costs of the actual cleanup
or
remediation of a brownfield and shall not be used by an
applicant
to pay any administrative costs incurred by the
applicant. Costs
related to the use of a certified professional
for purposes of
section 122.654 of the Revised Code are not
administrative costs
and may be paid with moneys from grants
awarded or loans made under section
122.653 of the Revised Code.
(E)
The portion of net proceeds of obligations devoted
under division
(A) of this section for the purposes of section
122.656 of the Revised Code shall be used to make
grants for
assessments, cleanup or remediation of brownfields, and
public
health projects that have been approved by the director
of
development under that section. The
department of development
shall
administer section 122.656 of the Revised Code in
accordance
with
this section, policies and requirements
established under
section
122.657
of the
Revised Code, and the
terms of agreements
entered
into by
the
director under section
122.656 of the Revised
Code.
The director shall not grant more than twenty-five million
dollars
for public health projects under section 122.656 of the
Revised
Code.
(F) Grants awarded under section 122.656 of the Revised Code
shall be used by an
applicant
only to pay the costs of actually
conducting an
assessment, a cleanup or remediation of a
brownfield, or
a public
health project
and shall not be used by an
applicant to pay any
administrative
costs incurred by the
applicant. Costs related to
the use of a
certified professional
for purposes of section
122.654 of the
Revised Code are not
administrative costs and may
be paid with
moneys from grants
awarded under section 122.656 of
the Revised
Code.
(G)(1) The clean Ohio revitalization revolving loan fund is
hereby created in the state treasury. Payments of principal and
interest on loans made from the clean Ohio revitalization fund
shall be credited to this revolving loan fund, as shall payments
of principal and interest on loans made from the revolving loan
fund itself. The revolving loan fund's investment earnings shall
be credited to it.
(2) The clean Ohio revitalization revolving loan fund shall
be used to make loans for the same purposes and subject to the
same policies, requirements, criteria, and application procedures
as loans made from the clean Ohio revitalization fund.
Sec. 122.87. As used in sections 122.87 to 122.89 122.90 of the Revised Code:
(A) "Surety company" means a company that is authorized by the department of
insurance to issue bonds as surety.
(B) "Minority business" means any of the following occupations:
(1) Minority construction contractor;
(3) Minority service vendor.
(C) "Minority construction contractor" means a person who is both a
construction contractor and an
owner of a minority business enterprise certified under division (B) of
section 123.151 of the Revised Code.
(D) "Minority seller" means a person who is both a seller of goods and an
owner of a minority business enterprise listed on the special minority
business enterprise bid notification list under division (B) of section 125.08
of the Revised Code.
(E) "Minority service vendor" means a person who is both a vendor of services
and an owner of a minority business enterprise listed on the special minority
business enterprise bid notification list under division (B) of section 125.08
of the Revised Code.
(F) "Minority business enterprise" has the meaning given in section 122.71 of
the Revised Code.
(G) "EDGE business enterprise" means a sole proprietorship, association, partnership, corporation, limited liability corporation, or joint venture certified as a participant in the encouraging diversity, growth, and equity program by the director of administrative services under section 123.152 of the Revised Code.
Sec. 122.88. (A) There is hereby created in the state
treasury the minority business bonding fund, consisting of
moneys deposited or credited to it pursuant to section 169.05 of
the Revised Code; all grants, gifts, and contributions received
pursuant to division (B)(9) of section
122.74 of the Revised Code;
all moneys recovered following defaults; and any other moneys
obtained by the director of development for the purposes of
sections 122.87 to 122.89 122.90 of the Revised Code. The fund shall be
administered by the director. Moneys in the fund shall be held
in trust for the purposes of sections 122.87 to 122.89 122.90 of the
Revised Code.
(B) Any claims against the state arising from defaults
shall be payable from the minority business bonding program
administrative and loss reserve fund as provided in division (C)
of this section or from the minority business bonding fund.
Nothing in sections 122.87 to 122.89 122.90 of the Revised Code grants
or pledges to any obligee or other person any state moneys other
than the moneys in the minority business bonding program
administrative and loss reserve fund or the minority business
bonding fund, or moneys available to the minority business
bonding fund upon request of the director in accordance with
division (B) of section 169.05 of the Revised Code.
(C) There is hereby created in the state treasury the
minority business bonding program administrative and loss
reserve fund, consisting of all premiums charged and collected in
accordance with section 122.89 of the Revised Code and any
interest income earned from the moneys in the minority
business bonding fund. All expenses of the director and the
minority development financing advisory board in carrying out the
purposes of sections 122.87 to 122.89 122.90 of the Revised Code shall
be paid from the minority business bonding program
administrative and loss reserve fund.
Any moneys to the credit of the minority business
bonding program administrative and loss reserve fund in excess of
the amount necessary to fund the appropriation authority for the
minority business bonding program administrative and loss
reserve fund shall be held as a loss reserve to pay claims
arising from defaults on surety bonds underwritten in accordance
with section 122.89 of the Revised Code or guaranteed in accordance with section 122.90 of the Revised Code. If the balance of funds
in the minority business bonding program administrative and
loss reserve fund is insufficient to pay a claim against the
state arising from default, then such claim shall be payable from
the minority business bonding fund.
Sec. 122.90. (A) The director of development may guarantee bonds executed by sureties for minority businesses and EDGE business enterprises certified under section 123.152 of the Revised Code as principals on contracts with the state, any political subdivision or instrumentality, or any person as the obligee. The director, as guarantor, may exercise all the rights and powers of a company authorized by the department of insurance to guarantee bonds under Chapter 3929. of the Revised Code but otherwise is not subject to any laws related to a guaranty company under Title XXXIX of the Revised Code nor to any rules of the department of insurance.
(B) The director shall adopt rules under Chapter 119. of the Revised Code to establish procedures for the application for bond guarantees and the review and approval of applications for bond guarantees submitted by sureties that execute bonds eligible for guarantees under division (A) of this section.
(C) In accordance with rules adopted pursuant to this section, the director may guarantee up to ninety per cent of the loss incurred and paid by sureties on bonds guaranteed under division (A) of this section.
(D) The penal sum amounts of all outstanding guarantees made by the director under this section shall not exceed three times the difference between the amount of moneys in the minority business bonding fund and available to the fund under division (B) of section 169.05 of the Revised Code and the amount of all outstanding bonds issued by the director in accordance with division (A) of section 122.89 of the Revised Code.
Sec. 123.01. (A) The department of administrative
services, in addition to those powers enumerated in Chapters 124.
and 125. of the Revised Code, and as provided elsewhere by law,
shall exercise the following powers:
(1) To prepare, or contract to be prepared, by licensed
engineers or architects, surveys, general and detailed plans,
specifications, bills of materials, and estimates of cost for any
projects, improvements, or public buildings to be constructed by
state agencies that may be authorized by legislative
appropriations or any other funds made available therefor,
provided that the construction of the projects, improvements, or
public buildings is a statutory duty of the department. This
section does not require the independent employment of an
architect or engineer as provided by section 153.01 of the
Revised Code in the cases to which that section applies nor
affect or alter the existing powers of the director of
transportation.
(2) To have general supervision over the construction of
any projects, improvements, or public buildings constructed for a
state agency and over the inspection of materials previous to
their incorporation into those projects, improvements, or
buildings;
(3) To make contracts for and supervise the construction
of any projects and improvements or the construction and repair
of buildings under the control of a state agency, except
contracts for the repair of buildings under the management and
control of the departments of public safety, job and
family services,
mental health, mental retardation and developmental disabilities,
rehabilitation and correction, and youth services, the bureau of
workers' compensation, the
rehabilitation
services commission, and boards of trustees of educational and
benevolent institutions. These contracts shall be made and
entered into by the directors of public safety, job and
family services,
mental health, mental retardation and developmental disabilities,
rehabilitation and correction, and youth services, the
administrator of workers' compensation, the rehabilitation services commission,
and the
boards of
trustees of such institutions, respectively. All such contracts
may be in whole or in part on unit price basis of maximum
estimated cost, with payment computed and made upon actual
quantities or units.
(4) To prepare and suggest comprehensive plans for the
development of grounds and buildings under the control of a state
agency;
(5) To acquire, by purchase, gift, devise, lease, or
grant, all real estate required by a state agency, in the
exercise of which power the department may exercise the power of
eminent domain, in the manner provided by sections 163.01 to
163.22 of the Revised Code;
(6) To make and provide all plans, specifications, and
models for the construction and perfection of all systems of
sewerage, drainage, and plumbing for the state in connection with
buildings and grounds under the control of a state agency;
(7) To erect, supervise, and maintain all public monuments
and memorials erected by the state, except where the supervision
and maintenance is otherwise provided by law;
(8) To procure, by lease, storage accommodations for a
state agency;
(9) To lease or grant easements or licenses for
unproductive and unused lands or other property under the control
of a state agency. Such leases, easements, or licenses shall be
granted for a period not to exceed fifteen years and shall be
executed for the state by the director of administrative services
and the governor and shall be approved as to form by the attorney
general, provided that leases, easements, or licenses may be
granted to any county, township, municipal corporation, port
authority, water or sewer district, school district, library
district, health district, park district, soil and water
conservation district, conservancy district, or other political
subdivision or taxing district, or any agency of the United
States government, for the exclusive use of that agency,
political subdivision, or taxing district, without any right of
sublease or assignment, for a period not to exceed fifteen years,
and provided that the director shall grant leases, easements, or
licenses of university land for periods not to exceed twenty-five
years for purposes approved by the respective university's board
of trustees wherein the uses are compatible with the uses and
needs of the university and may grant leases of university land
for periods not to exceed forty years for purposes approved by
the respective university's board of trustees pursuant to section
123.77 of the Revised Code.
(10) To lease office space in buildings for the use of a
state agency;
(11) To have general supervision and care of the
storerooms, offices, and buildings leased for the use of a state
agency;
(12) To exercise general custodial care of all real
property of the state;
(13) To assign and group together state offices in any
city in the state and to establish, in cooperation with the state
agencies involved, rules governing space requirements for office
or storage use;
(14) To lease for a period not to exceed forty years,
pursuant to a contract providing for the construction thereof
under a lease-purchase plan, buildings, structures, and other
improvements for any public purpose, and, in conjunction
therewith, to grant leases, easements, or licenses for lands
under the control of a state agency for a period not to exceed
forty years. The lease-purchase plan shall provide that at the
end of the lease period, the buildings, structures, and related
improvements, together with the land on which they are situated,
shall become the property of the state without cost.
(a) Whenever any building, structure, or other improvement
is to be so leased by a state agency, the department shall retain
either basic plans, specifications, bills of materials, and
estimates of cost with sufficient detail to afford bidders all
needed information or, alternatively, all of the following plans,
details, bills of materials, and specifications:
(i) Full and accurate plans suitable for the use of
mechanics and other builders in the improvement;
(ii) Details to scale and full sized, so drawn and
represented as to be easily understood;
(iii) Accurate bills showing the exact quantity of
different kinds of material necessary to the construction;
(iv) Definite and complete specifications of the work to
be performed, together with such directions as will enable a
competent mechanic or other builder to carry them out and afford
bidders all needed information;
(v) A full and accurate estimate of each item of expense
and of the aggregate cost thereof.
(b) The department shall give public notice, in such
newspaper, in such form, and with such phraseology as the
director of administrative services prescribes, published once
each week for four consecutive weeks, of the time when and place
where bids will be received for entering into an agreement to
lease to a state agency a building, structure, or other
improvement. The last publication shall be at least eight days
preceding the day for opening the bids. The bids shall contain
the terms upon which the builder would propose to lease the
building, structure, or other improvement to the state agency.
The form of the bid approved by the department shall be used, and
a bid is invalid and shall not be considered unless that form is
used without change, alteration, or addition. Before submitting
bids pursuant to this section, any builder shall comply with
Chapter 153. of the Revised Code.
(c) On the day and at the place named for receiving bids
for entering into lease agreements with a state agency, the
director of administrative services shall open the bids and shall
publicly proceed immediately to tabulate the bids upon duplicate
sheets. No lease agreement shall be entered into until the
bureau of workers' compensation has certified that the person to
be awarded the lease agreement has complied with Chapter 4123. of
the Revised Code, until, if the builder submitting the lowest and
best bid is a foreign corporation, the secretary of state has
certified that the corporation is authorized to do business in
this state, until, if the builder submitting the lowest and best
bid is a person nonresident of this state, the person has filed
with the secretary of state a power of attorney designating the
secretary of state as its agent for the purpose of accepting
service of summons in any action brought under Chapter 4123. of
the Revised Code, and until the agreement is submitted to the
attorney general and the attorney general's approval is certified
thereon. Within
thirty days after the day on which the bids are received, the
department shall investigate the bids received and shall
determine that the bureau and the secretary of state have made
the certifications required by this section of the builder who
has submitted the lowest and best bid. Within ten days of the
completion of the investigation of the bids, the department shall
award the lease agreement to the builder who has submitted the
lowest and best bid and who has been certified by the bureau and
secretary of state as required by this section. If bidding for
the lease agreement has been conducted upon the basis of basic
plans, specifications, bills of materials, and estimates of
costs, upon the award to the builder the department, or the
builder with the approval of the department, shall appoint an
architect or engineer licensed in this state to prepare such
further detailed plans, specifications, and bills of materials as
are required to construct the building, structure, or
improvement. The department shall adopt such rules as are
necessary to give effect to this section. The department may
reject any bid. Where there is reason to believe there is
collusion or combination among bidders, the bids of those
concerned therein shall be rejected.
(15) To acquire by purchase, gift, devise, or grant and to
transfer, lease, or otherwise dispose of all real property
required to assist in the development of a conversion facility as
defined in section 5709.30 of the Revised Code as that section existed before its repeal by H.B. 95 of the 125th general assembly;
(16) To lease for a period not to exceed forty years,
notwithstanding any other division of this section, the
state-owned property located at 408-450 East Town Street,
Columbus, Ohio, formerly the state school for the deaf, to a
developer in accordance with this section. "Developer," as used
in this section, has the same meaning as in section 123.77 of the
Revised Code.
Such a lease shall be for the purpose of development of the
land for use by senior citizens by constructing, altering,
renovating, repairing, expanding, and improving the site as it
existed on June 25, 1982. A developer desiring to lease the land
shall prepare for submission to the department a plan for
development. Plans shall include provisions for roads, sewers,
water lines, waste disposal, water supply, and similar matters to
meet the requirements of state and local laws. The plans shall
also include provision for protection of the property by
insurance or otherwise, and plans for financing the development,
and shall set forth details of the developer's financial
responsibility.
The department may employ, as employees or consultants,
persons needed to assist in reviewing the development plans.
Those persons may include attorneys, financial experts,
engineers, and other necessary experts. The department shall
review the development plans and may enter into a lease if it
finds all of the following:
(a) The best interests of the state will be promoted by
entering into a lease with the developer;
(b) The development plans are satisfactory;
(c) The developer has established the developer's financial
responsibility and satisfactory plans for financing the
development.
The lease shall contain a provision that construction or
renovation of the buildings, roads, structures, and other
necessary facilities shall begin within one year after the date
of the lease and shall proceed according to a schedule agreed to
between the department and the developer or the lease will be
terminated. The lease shall contain such conditions and
stipulations as the director considers necessary to preserve the
best interest of the state. Moneys received by the state
pursuant to this lease shall be paid into the general revenue
fund. The lease shall provide that at the end of the lease
period the buildings, structures, and related improvements shall
become the property of the state without cost.
(17) To lease to any person any tract of land owned by the
state and under the control of the department, or any part of
such a tract, for the purpose of drilling for or the pooling of
oil or gas. Such a lease shall be granted for a period not
exceeding forty years, with the full power to contract for,
determine the conditions governing, and specify the amount the
state shall receive for the purposes specified in the lease, and
shall be prepared as in other cases.
(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. 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. 124.15. (A) Board and commission members appointed prior to July 1,
1991, shall be paid a salary or wage in accordance with the following
schedules of rates:
Pay Ranges and Step Values
Range |
Step 1 |
Step 2 |
Step 3 |
Step 4 |
23 |
Hourly |
5.72 |
5.91 |
6.10 |
6.31 |
|
Annually |
11897.60 |
12292.80 |
12688.00 |
13124.80 |
|
Step 5 |
Step 6 |
|
|
|
Hourly |
6.52 |
6.75 |
|
|
|
Annually |
13561.60 |
14040.00 |
|
|
|
Step 1 |
Step 2 |
Step 3 |
Step 4 |
24 |
Hourly |
6.00 |
6.20 |
6.41 |
6.63 |
|
Annually |
12480.00 |
12896.00 |
13332.80 |
13790.40 |
|
Step 5 |
Step 6 |
|
|
|
Hourly |
6.87 |
7.10 |
|
|
|
Annually |
14289.60 |
14768.00 |
|
|
|
Step 1 |
Step 2 |
Step 3 |
Step 4 |
25 |
Hourly |
6.31 |
6.52 |
6.75 |
6.99 |
|
Annually |
13124.80 |
13561.60 |
14040.00 |
14539.20 |
|
Step 5 |
Step 6 |
|
|
|
Hourly |
7.23 |
7.41 |
|
|
|
Annually |
15038.40 |
15412.80 |
|
|
|
Step 1 |
Step 2 |
Step 3 |
Step 4 |
26 |
Hourly |
6.63 |
6.87 |
7.10 |
7.32 |
|
Annually |
13790.40 |
14289.60 |
14768.00 |
15225.60 |
|
Step 5 |
Step 6 |
|
|
|
Hourly |
7.53 |
7.77 |
|
|
|
Annually |
15662.40 |
16161.60 |
|
|
|
Step 1 |
Step 2 |
Step 3 |
Step 4 |
27 |
Hourly |
6.99 |
7.23 |
7.41 |
7.64 |
|
Annually |
14534.20 |
15038.40 |
15412.80 |
15891.20 |
|
Step 5 |
Step 6 |
Step 7 |
|
|
Hourly |
7.88 |
8.15 |
8.46 |
|
|
Annually |
16390.40 |
16952.00 |
17596.80 |
|
|
Step 1 |
Step 2 |
Step 3 |
Step 4 |
28 |
Hourly |
7.41 |
7.64 |
7.88 |
8.15 |
|
Annually |
15412.80 |
15891.20 |
16390.40 |
16952.00 |
|
Step 5 |
Step 6 |
Step 7 |
|
|
Hourly |
8.46 |
8.79 |
9.15 |
|
|
Annually |
17596.80 |
18283.20 |
19032.00 |
|
|
Step 1 |
Step 2 |
Step 3 |
Step 4 |
29 |
Hourly |
7.88 |
8.15 |
8.46 |
8.79 |
|
Annually |
16390.40 |
16952.00 |
17596.80 |
18283.20 |
|
Step 5 |
Step 6 |
Step 7 |
|
|
Hourly |
9.15 |
9.58 |
10.01 |
|
|
Annually |
19032.00 |
19926.40 |
20820.80 |
|
|
Step 1 |
Step 2 |
Step 3 |
Step 4 |
30 |
Hourly |
8.46 |
8.79 |
9.15 |
9.58 |
|
Annually |
17596.80 |
18283.20 |
19032.00 |
19926.40 |
|
Step 5 |
Step 6 |
Step 7 |
|
|
Hourly |
10.01 |
10.46 |
10.99 |
|
|
Annually |
20820.80 |
21756.80 |
22859.20 |
|
|
Step 1 |
Step 2 |
Step 3 |
Step 4 |
31 |
Hourly |
9.15 |
9.58 |
10.01 |
10.46 |
|
Annually |
19032.00 |
19962.40 |
20820.80 |
21756.80 |
|
Step 5 |
Step 6 |
Step 7 |
|
|
Hourly |
10.99 |
11.52 |
12.09 |
|
|
Annually |
22859.20 |
23961.60 |
25147.20 |
|
|
Step 1 |
Step 2 |
Step 3 |
Step 4 |
32 |
Hourly |
10.01 |
10.46 |
10.99 |
11.52 |
|
Annually |
20820.80 |
21756.80 |
22859.20 |
23961.60 |
|
Step 5 |
Step 6 |
Step 7 |
Step 8 |
|
Hourly |
12.09 |
12.68 |
13.29 |
13.94 |
|
Annually |
25147.20 |
26374.40 |
27643.20 |
28995.20 |
|
Step 1 |
Step 2 |
Step 3 |
Step 4 |
33 |
Hourly |
10.99 |
11.52 |
12.09 |
12.68 |
|
Annually |
22859.20 |
23961.60 |
25147.20 |
26374.40 |
|
Step 5 |
Step 6 |
Step 7 |
Step 8 |
|
Hourly |
13.29 |
13.94 |
14.63 |
15.35 |
|
Annually |
27643.20 |
28995.20 |
30430.40 |
31928.00 |
|
Step 1 |
Step 2 |
Step 3 |
Step 4 |
34 |
Hourly |
12.09 |
12.68 |
13.29 |
13.94 |
|
Annually |
25147.20 |
26374.40 |
27643.20 |
28995.20 |
|
Step 5 |
Step 6 |
Step 7 |
Step 8 |
|
Hourly |
14.63 |
15.35 |
16.11 |
16.91 |
|
Annually |
30430.40 |
31928.00 |
33508.80 |
35172.80 |
|
Step 1 |
Step 2 |
Step 3 |
Step 4 |
35 |
Hourly |
13.29 |
13.94 |
14.63 |
15.35 |
|
Annually |
27643.20 |
28995.20 |
30430.40 |
31928.00 |
|
Step 5 |
Step 6 |
Step 7 |
Step 8 |
|
Hourly |
16.11 |
16.91 |
17.73 |
18.62 |
|
Annually |
33508.80 |
35172.80 |
36878.40 |
38729.60 |
|
Step 1 |
Step 2 |
Step 3 |
Step 4 |
36 |
Hourly |
14.63 |
15.35 |
16.11 |
16.91 |
|
Annually |
30430.40 |
31928.00 |
33508.80 |
35172.80 |
|
Step 5 |
Step 6 |
Step 7 |
Step 8 |
|
Hourly |
17.73 |
18.62 |
19.54 |
20.51 |
|
Annually |
36878.40 |
38729.60 |
40643.20 |
42660.80 |
Pay Range and Values
Range |
Minimum |
Maximum |
41 Hourly |
10.44 |
15.72 |
|
Annually |
21715.20 |
32697.60 |
42 Hourly |
11.51 |
17.35 |
|
Annually |
23940.80 |
36088.00 |
43 Hourly |
12.68 |
19.12 |
|
Annually |
26374.40 |
39769.60 |
44 Hourly |
13.99 |
20.87 |
|
Annually |
29099.20 |
43409.60 |
45 Hourly |
15.44 |
22.80 |
|
Annually |
32115.20 |
47424.00 |
46 Hourly |
17.01 |
24.90 |
|
Annually |
35380.80 |
51792.00 |
47 Hourly |
18.75 |
27.18 |
|
Annually |
39000.00 |
56534.40 |
48 Hourly |
20.67 |
29.69 |
|
Annually |
42993.60 |
61755.20 |
49 Hourly |
22.80 |
32.06 |
|
Annually |
47424.00 |
66684.80 |
(B) The pay schedule of all employees shall be on a
biweekly basis, with amounts computed on an hourly basis.
(C) Part-time employees shall be compensated on an hourly
basis for time worked, at the rates shown in division (A) of this
section or in section 124.152 of the Revised Code.
(D) The salary and wage rates in division (A) of this
section or in section 124.152 of the Revised Code represent base
rates of compensation and may be augmented by the provisions of
section 124.181 of the Revised Code. In those cases where
lodging, meals, laundry, or other personal services are furnished
an employee, the actual costs or fair market value of the
personal services shall
be paid by the employee in such amounts and manner as determined
by the director of administrative services and approved by the
director of budget and management, and those personal
services shall not be
considered as a part of the employee's compensation. An
appointing authority, with the approval of the director of
administrative services and the director of budget and
management, may establish payments to employees for uniforms,
tools, equipment, and other requirements of the department and
payments for the maintenance of them.
The director of administrative services may review
collective bargaining agreements entered into under Chapter 4117.
of the Revised Code that cover state employees and determine
whether certain benefits or payments provided to state employees
covered by those agreements should also be provided to employees who are
exempt from collective
bargaining coverage and are paid in accordance with section 124.152 of the
Revised Code or are listed in division (B)(2) or (4) of section
124.14 of the Revised Code. On
completing the review, the director of administrative services,
with the approval of the director of budget and management, may
provide to some or all of these employees any payment or
benefit, except for
salary, contained in such a collective bargaining agreement even if
it is similar to a
payment or benefit already provided by law to some or all of these
employees. Any payment or benefit so provided shall not exceed
the highest level for that payment or benefit specified in such a
collective bargaining agreement. The director of administrative
services shall not provide, and the director of budget and
management shall not approve, any payment or benefit to such an
employee under this division unless the payment or benefit is
provided pursuant to a collective bargaining agreement to a state
employee who is in a position with similar duties as, is supervised
by, or is employed by the same appointing authority as, the
employee to whom the benefit or payment is to be provided.
As used in this division, "payment or benefit already
provided by
law" includes, but is not limited to,
bereavement,
personal, vacation, administrative, and
sick leave, disability benefits, holiday pay, and pay
supplements provided under the Revised Code,
but does not include wages or salary.
(E) New employees paid under schedule B of division
(A) of this section or under schedule E-1 of section 124.152 of
the Revised Code shall be employed at the minimum rate
established for the range unless otherwise provided. Employees
with qualifications that are beyond the minimum normally required
for the position and that are determined by the director to be
exceptional may be employed in, or may be transferred or promoted
to, a position at an advanced step of the range. Further, in
time of a serious labor market condition when it is relatively
impossible to recruit employees at the minimum rate for a
particular classification, the entrance rate may be set at an
advanced step in the range by the director of administrative
services. This rate may be limited to geographical regions of
the state. Appointments made to an advanced step under the
provision regarding exceptional qualifications shall not affect
the step assignment of employees already serving. However,
anytime the hiring rate of an entire classification is advanced
to a higher step, all incumbents of that classification being paid
at a step lower than that being used for hiring, shall be
advanced beginning at the start of the first pay period
thereafter to the new hiring rate, and any time accrued at the
lower step will be used to calculate advancement to a succeeding
step. If the hiring rate of a classification is increased for
only a geographical region of the state, only incumbents who
work in that geographical region shall be advanced to a higher
step. When an employee in the unclassified service changes from
one state position to another or is appointed to a position in
the classified service, or if an employee in the classified
service is appointed to a position in the unclassified service,
the employee's salary or wage in the new position shall be determined in the
same manner as if the employee were an employee in the classified service.
When an employee in the unclassified service who is not eligible for step
increases is appointed to a classification in the classified service under
which step increases are provided, future step increases shall be based on the
date on which the employee last received a pay increase. If the employee has
not received an
increase during the previous year, the date of the appointment to the
classified service shall be used to determine the employee's annual step
advancement eligibility date. In reassigning any employee to a
classification resulting in a pay range increase or
to a new pay range as a result of a promotion, an increase pay range
adjustment, or other classification change resulting in a pay range increase,
the director shall assign such employee to the step in the new pay
range that will provide an increase of approximately four per cent if the new
pay range can accommodate the increase. When an employee
is being assigned to a classification or new pay range as the result of
a class
plan change, if the employee has completed a probationary period,
the employee
shall be placed in a step no lower than step two of the new pay range. If the
employee has not completed a probationary period, the employee may be placed
in step one of the new pay range. Such new salary or wage shall become
effective on such date as the director determines.
(F) If employment conditions and the urgency of the work
require such action, the director of administrative services may,
upon the application of a department head, authorize payment at
any rate established within the range for the class of work, for
work of a casual or intermittent nature or on a project basis.
Payment at such rates shall not be made to the same individual
for more than three calendar months in any one calendar year. Any such action
shall be subject to the approval of the director
of budget and management as to the availability of funds. This
section and sections 124.14 and 124.152 of the Revised Code do
not repeal any authority of any department or public official to
contract with or fix the compensation of professional persons who
may be employed temporarily for work of a casual nature or for
work on a project basis.
(G) Each (1) Except as provided in division (G)(2) of this section, each state employee paid under schedule B of
this section or under schedule E-1 of section 124.152 of the
Revised Code shall be eligible for advancement to
succeeding steps in the range
for the employee's class according to the schedule established in this
division. Beginning on the first day of the pay period within
which the employee completes the prescribed probationary period
in the employee's classification with the state, each employee shall receive
an automatic salary adjustment equivalent to the next higher step
within the pay range for the employee's class or grade.
Each employee paid under schedule E-1 of section 124.152 of the Revised
Code shall be eligible to advance to the next higher step until
the employee reaches step six, if the employee has
maintained satisfactory performance in accordance with criteria
established by the employee's appointing authority. Those step increases advancements
shall not occur more frequently than once in any twelve-month period. An
employee only may advance to step seven upon performing at an exemplary level
as determined in the employee's performance evaluation. An employee's
advancement to step seven is at the discretion of the employee's appointing
authority. An employee may not appeal the denial of advancement to step seven
to the state personnel board of review.
When an employee is promoted or
reassigned to a higher pay range, the employee's
step indicator shall return to "0" or be adjusted to account for a
probationary period, as appropriate. Step advancement
shall not be affected by demotion. A promoted employee shall advance to the
next higher step of the pay range on the first day of the pay
period in which the required probationary period is completed.
Step advancement shall become effective at the beginning of the
pay period within which the employee attains the necessary length
of service. Time spent on authorized leave of absence shall be
counted for this purpose.
If determined to be in the best interest of the state service, the director of
administrative services may, either statewide or in selected agencies, adjust
the dates on which annual step increases advancements are received by employees paid under
schedule E-1 of section 124.152 of the Revised Code.
(2)(a)(i) Except as provided in division (G)(2)(a)(ii) of this section, there shall be a moratorium on step advancements under division (G)(1) of this section from the pay period beginning June 29, 2003, through the pay period ending June 25, 2005. Step advancements shall resume with the pay period beginning June 26, 2005. Upon the resumption of step advancements, there shall be no retroactive step advancements for the period the moratorium was in effect. The moratorium shall not affect an employee's performance evaluation schedule.
(ii) During the moratorium under division (G)(2)(a)(i) of this section, an employee who is hired or promoted and serves a probationary period in the employee's new position shall advance to the next step in the employee's pay range upon successful completion of the employee's probationary period. Thereafter, the employee is subject to the moratorium.
(b) The moratorium under division (G)(2)(a)(i) of this section shall apply to the employees of the secretary of state, the auditor of state, the treasurer of state, the attorney general, the supreme court, and state boards and commissions, who are subject to this section unless the secretary of state, auditor of state, treasurer of state, attorney general, supreme court, board, or commission decides to exempt its employees from the moratorium and so notifies the director of administrative services in writing on or before July 1, 2003.
(H) Employees in appointive managerial or professional
positions paid under salary schedule C of this section or under
salary schedule E-2 of section 124.152 of the Revised Code may be
appointed at any rate within the appropriate pay range. This
rate of pay may be adjusted higher or lower within the respective
pay range at any time the appointing authority so desires as long
as the adjustment is based on the employee's ability to
successfully administer those duties assigned to the employee. Salary
adjustments shall not be made more frequently than once in any
six-month period under this provision to incumbents holding the
same position and classification.
(I) When an employee is assigned to duty outside this
state, the employee may be compensated, upon request of the department head
and with the approval of the director of administrative services,
at a rate not to exceed fifty per cent in excess of the employee's current
base rate for the period of time spent on that duty.
(J) Unless compensation for members of a board or
commission is otherwise specifically provided by law, the
director of administrative services shall establish the rate and
method of payment for members of boards and commissions pursuant
to the pay schedules listed in section 124.152 of the Revised
Code.
(K) Regular full-time employees in positions assigned to
classes within the instruction and education administration
series under the rules of the director of administrative
services, except certificated employees on the instructional
staff of the state school for the blind or the state school for
the deaf, whose positions are scheduled to work on the basis of
an academic year rather than a full calendar year, shall be paid
according to the pay range assigned by such rules but only during
those pay periods included in the academic year of the school
where the employee is located.
(1) Part-time or substitute teachers or those whose period
of employment is other than the full academic year shall be
compensated for the actual time worked at the rate established by
this section.
(2) Employees governed by this division are exempt from
sections 124.13 and 124.19 of the Revised Code.
(3) Length of service for the purpose of determining
eligibility for step increases advancements as provided by division (G) of
this section and for the purpose of determining eligibility for
longevity pay supplements as provided by division (F)(E) of section
124.181 of the Revised Code shall be computed on the basis of one
full year of service for the completion of each academic year.
(L) The superintendent of the state school for the deaf
and the superintendent of the state school for the blind shall,
subject to the approval of the superintendent of public
instruction, carry out both of the following:
(1) Annually, between the first day of April and the last
day of June, establish for the ensuing fiscal year a schedule of
hourly rates for the compensation of each certificated employee
on the instructional staff of that superintendent's respective school
constructed as follows:
(a) Determine for each level of training, experience, and
other professional qualification for which an hourly rate is set
forth in the current schedule, the per cent that rate is of the
rate set forth in such schedule for a teacher with a bachelor's
degree and no experience. If there is more than one such rate
for such a teacher, the lowest rate shall be used to make the
computation.
(b) Determine which six city, local, and exempted village
school districts with territory in Franklin county have in effect
on, or have adopted by, the first day of April for the school
year that begins on the ensuing first day of July, teacher salary
schedules with the highest minimum salaries for a teacher with a
bachelor's degree and no experience;
(c) Divide the sum of such six highest minimum salaries by
ten thousand five hundred sixty;
(d) Multiply each per cent determined in division
(L)(1)(a) of this section by the quotient obtained in division
(L)(1)(c) of this section;
(e) One hundred five per cent of each product thus
obtained shall be the hourly rate for the corresponding level of
training, experience, or other professional qualification in the
schedule for the ensuing fiscal year.
(2) Annually, assign each certificated employee on the
instructional staff of the superintendent's respective
school to an hourly rate on the schedule that is commensurate with the
employee's training, experience, and other professional qualifications.
If an employee is employed on the basis of an academic
year, the employee's annual salary shall be calculated by multiplying the
employee's assigned hourly rate times one thousand seven hundred sixty. If
an employee is not employed on the basis of an academic year, the employee's
annual salary shall be calculated in accordance with the
following formula:
(a) Multiply the number of days the employee is required
to work pursuant to the employee's contract by eight;
(b) Multiply the product of division (L)(2)(a) of this
section by the employee's assigned hourly rate.
Each employee shall be paid an annual salary in biweekly
installments. The amount of each installment shall be calculated
by dividing the employee's annual salary by the number of
biweekly installments to be paid during the year.
Sections 124.13 and 124.19 of the Revised Code do not apply
to an employee who is paid under this division.
As used in this division, "academic year" means the number
of days in each school year that the schools are required to be
open for instruction with pupils in attendance. Upon completing
an academic year, an employee paid under this division shall be
deemed to have completed one year of service. An employee paid
under this division is eligible to receive a pay supplement under
division (L)(1), (2), or (3) of section 124.181 of the Revised
Code for which the employee qualifies, but is not eligible to receive a pay
supplement under division (L)(4) or (5) of that section.
An
employee paid under this division is eligible to receive a pay
supplement under division (L)(6) of section 124.181 of the
Revised Code for which the employee qualifies, except that the supplement
is not limited to a maximum of five per cent of the employee's
regular base salary in a calendar year.
(M) Division (A) of this section does not apply to "exempt
employees," as defined in section 124.152 of the Revised Code,
who
are paid under that section.
Notwithstanding any other provisions of this chapter, when
an employee transfers between bargaining units or transfers out
of or into a bargaining unit, the director shall establish the
employee's compensation and adjust the maximum leave accrual
schedule as the director deems equitable.
Sec. 124.152. (A) Beginning on the first day of the pay
period that includes July 1, 2000, each exempt employee
shall be paid a salary or wage in accordance with the following schedule
of rates:
Pay Ranges and Step Values
|
|
|
Step |
Step |
Step |
Step |
Step |
Step |
Step |
|
|
Range |
1 |
2 |
3 |
4 |
5 |
6 |
7 |
1 |
|
Hourly |
8.15 |
8.51 |
8.88 |
9.27 |
|
|
|
|
|
Annually |
16952 |
17701 |
18470 |
19282 |
|
|
|
2 |
|
Hourly |
9.88 |
10.30 |
10.75 |
11.23 |
|
|
|
|
|
Annually |
20550 |
21424 |
22360 |
23358 |
|
|
|
3 |
|
Hourly |
10.35 |
10.82 |
11.29 |
11.79 |
|
|
|
|
|
Annually |
21528 |
22506 |
23483 |
24523 |
|
|
|
4 |
|
Hourly |
10.87 |
11.36 |
11.90 |
12.43 |
|
|
|
|
|
Annually |
22610 |
23629 |
24752 |
25854 |
|
|
|
5 |
|
Hourly |
11.41 |
11.93 |
12.43 |
12.98 |
|
|
|
|
|
Annually |
23733 |
24814 |
25854 |
26998 |
|
|
|
6 |
|
Hourly |
12.02 |
12.51 |
13.07 |
13.60 |
|
|
|
|
|
Annually |
25002 |
26021 |
27186 |
28288 |
|
|
|
7 |
|
Hourly |
12.76 |
13.25 |
13.78 |
14.26 |
14.81 |
|
|
|
|
Annually |
26541 |
27560 |
28662 |
29661 |
30805 |
|
|
8 |
|
Hourly |
13.50 |
14.09 |
14.71 |
15.35 |
16.01 |
|
|
|
|
Annually |
28080 |
29307 |
30597 |
31928 |
33301 |
|
|
9 |
|
Hourly |
14.40 |
15.14 |
15.89 |
16.68 |
17.53 |
|
|
|
|
Annually |
29952 |
31491 |
33051 |
34694 |
36462 |
|
|
10 |
|
Hourly |
15.54 |
16.38 |
17.27 |
18.25 |
19.23 |
|
|
|
|
Annually |
32323 |
34070 |
35922 |
37960 |
39998 |
|
|
11 |
|
Hourly |
16.91 |
17.90 |
18.94 |
20.00 |
21.14 |
|
|
|
|
Annually |
35173 |
37232 |
39395 |
41600 |
43971 |
|
|
12 |
|
Hourly |
18.66 |
19.70 |
20.76 |
21.91 |
23.13 |
24.40 |
25.74 |
|
|
Annually |
38813 |
40976 |
43181 |
45573 |
48110 |
50752 |
53539 |
13 |
|
Hourly |
20.56 |
21.69 |
22.88 |
24.11 |
25.46 |
26.85 |
28.33 |
|
|
Annually |
42765 |
45115 |
47590 |
50149 |
52957 |
55848 |
58926 |
14 |
|
Hourly |
22.62 |
23.89 |
25.18 |
26.56 |
28.06 |
29.61 |
31.24 |
|
|
Annually |
47050 |
49691 |
52374 |
55245 |
58365 |
61589 |
64979 |
15 |
|
Hourly |
24.84 |
26.23 |
27.72 |
29.25 |
30.86 |
32.57 |
34.36 |
|
|
Annually |
51667 |
54558 |
57658 |
60840 |
64189 |
67746 |
71469 |
16 |
|
Hourly |
27.39 |
28.91 |
30.51 |
32.21 |
33.99 |
35.92 |
37.90 |
|
|
Annually |
56971 |
60133 |
63461 |
66997 |
70699 |
74714 |
78832 |
17 |
|
Hourly |
30.18 |
31.85 |
33.63 |
35.49 |
37.47 |
39.56 |
41.74 |
|
|
Annually |
62774 |
66248 |
69950 |
73819 |
77938 |
82285 |
86819 |
18 |
|
Hourly |
33.26 |
35.10 |
37.07 |
39.12 |
41.28 |
43.59 |
45.99 |
|
|
Annually |
69181 |
73008 |
77106 |
81370 |
85862 |
90667 |
95659 |
|
|
Range |
|
Minimum |
|
Maximum |
41 |
|
Hourly |
|
16.23 |
|
30.15 |
|
|
Annually |
|
33758 |
|
62712 |
42 |
|
Hourly |
|
17.89 |
|
33.31 |
|
|
Annually |
|
37211 |
|
69285 |
43 |
|
Hourly |
|
19.70 |
|
36.69 |
|
|
Annually |
|
40976 |
|
76315 |
44 |
|
Hourly |
|
21.73 |
|
40.07 |
|
|
Annually |
|
45198 |
|
83346 |
45 |
|
Hourly |
|
24.01 |
|
43.75 |
|
|
Annually |
|
49941 |
|
91000 |
46 |
|
Hourly |
|
26.43 |
|
47.81 |
|
|
Annually |
|
54974 |
|
99445 |
47 |
|
Hourly |
|
29.14 |
|
52.17 |
|
|
Annually |
|
60611 |
|
108514 |
48 |
|
Hourly |
|
32.14 |
|
56.94 |
|
|
Annually |
|
66851 |
|
118435 |
49 |
|
Hourly |
|
35.44 |
|
61.48 |
|
|
Annually |
|
73715 |
|
127878 |
(B) Beginning on the first day of the pay period that
includes July 1, 2001, each exempt employee shall
be paid a salary or wage in accordance with the following schedule of rates:
Pay Ranges and Step Values
|
|
|
Step |
Step |
Step |
Step |
Step |
Step |
Step |
|
|
Range |
1 |
2 |
3 |
4 |
5 |
6 |
7 |
1 |
|
Hourly |
8.44 |
8.81 |
9.19 |
9.59 |
|
|
|
|
|
Annually |
17555 |
18325 |
19115 |
19947 |
|
|
|
2 |
|
Hourly |
10.23 |
10.66 |
11.13 |
11.62 |
|
|
|
|
|
Annually |
21278 |
22173 |
23150 |
24170 |
|
|
|
3 |
|
Hourly |
10.71 |
11.20 |
11.69 |
12.20 |
|
|
|
|
|
Annually |
22277 |
23296 |
24315 |
25376 |
|
|
|
4 |
|
Hourly |
11.25 |
11.76 |
12.32 |
12.87 |
|
|
|
|
|
Annually |
23400 |
24461 |
25626 |
26770 |
|
|
|
5 |
|
Hourly |
11.81 |
12.35 |
12.87 |
13.43 |
|
|
|
|
|
Annually |
24565 |
25688 |
26770 |
27934 |
|
|
|
6 |
|
Hourly |
12.44 |
12.95 |
13.53 |
14.08 |
|
|
|
|
|
Annually |
25875 |
26936 |
28142 |
29286 |
|
|
|
7 |
|
Hourly |
13.21 |
13.71 |
14.26 |
14.76 |
15.33 |
|
|
|
|
Annually |
27477 |
28517 |
29661 |
30701 |
31886 |
|
|
8 |
|
Hourly |
13.97 |
14.58 |
15.22 |
15.89 |
16.57 |
|
|
|
|
Annually |
29058 |
30326 |
31658 |
33051 |
34466 |
|
|
9 |
|
Hourly |
14.90 |
15.67 |
16.45 |
17.26 |
18.14 |
|
|
|
|
Annually |
30992 |
32594 |
34216 |
35901 |
37731 |
|
|
10 |
|
Hourly |
16.08 |
16.95 |
17.87 |
18.89 |
19.90 |
|
|
|
|
Annually |
33446 |
35256 |
37170 |
39291 |
41392 |
|
|
11 |
|
Hourly |
17.50 |
18.53 |
19.60 |
20.70 |
21.88 |
|
|
|
|
Annually |
36400 |
38542 |
40768 |
43056 |
45510 |
|
|
12 |
|
Hourly |
19.31 |
20.39 |
21.49 |
22.68 |
23.94 |
25.25 |
26.64 |
|
|
Annually |
40165 |
42411 |
44699 |
47174 |
49795 |
52520 |
55411 |
13 |
|
Hourly |
21.28 |
22.45 |
23.68 |
24.95 |
26.35 |
27.79 |
29.32 |
|
|
Annually |
44262 |
46696 |
49254 |
51896 |
54808 |
57803 |
60986 |
14 |
|
Hourly |
23.41 |
24.73 |
26.06 |
27.49 |
29.04 |
30.65 |
32.33 |
|
|
Annually |
48693 |
51438 |
54205 |
57179 |
60403 |
63752 |
67246 |
15 |
|
Hourly |
25.71 |
27.15 |
28.69 |
30.27 |
31.94 |
33.71 |
35.56 |
|
|
Annually |
53477 |
56472 |
59675 |
62962 |
66435 |
70117 |
73965 |
16 |
|
Hourly |
28.35 |
29.92 |
31.58 |
33.34 |
35.18 |
37.18 |
39.23 |
|
|
Annually |
58968 |
62234 |
65686 |
69347 |
73174 |
77334 |
81598 |
17 |
|
Hourly |
31.24 |
32.96 |
34.81 |
36.73 |
38.78 |
40.94 |
43.20 |
|
|
Annually |
64979 |
68557 |
72405 |
76398 |
80662 |
85155 |
89856 |
18 |
|
Hourly |
34.42 |
36.33 |
38.37 |
40.49 |
42.72 |
45.12 |
47.60 |
|
|
Annually |
71594 |
75566 |
79810 |
84219 |
88858 |
93850 |
99008 |
|
|
Range |
|
Minimum |
|
Maximum |
41 |
|
Hourly |
|
16.23 |
|
31.21 |
|
|
Annually |
|
33758 |
|
64917 |
42 |
|
Hourly |
|
17.89 |
|
34.48 |
|
|
Annually |
|
37211 |
|
71718 |
43 |
|
Hourly |
|
19.70 |
|
37.97 |
|
|
Annually |
|
40976 |
|
78978 |
44 |
|
Hourly |
|
21.73 |
|
41.47 |
|
|
Annually |
|
45198 |
|
86258 |
45 |
|
Hourly |
|
24.01 |
|
45.28 |
|
|
Annually |
|
49941 |
|
94182 |
46 |
|
Hourly |
|
26.43 |
|
49.48 |
|
|
Annually |
|
54974 |
|
102918 |
47 |
|
Hourly |
|
29.14 |
|
54.00 |
|
|
Annually |
|
60611 |
|
112320 |
48 |
|
Hourly |
|
32.14 |
|
58.93 |
|
|
Annually |
|
66851 |
|
122574 |
49 |
|
Hourly |
|
35.44 |
|
63.63 |
|
|
Annually |
|
73715 |
|
132350 |
(C) Beginning on the first day of the pay period that
includes July 1, 2002, each exempt employee shall
be paid a salary or wage in accordance with the following schedule of
rates:
Pay Ranges and Step Values
|
|
|
Step |
Step |
Step |
Step |
Step |
Step |
Step |
|
|
Range |
1 |
2 |
3 |
4 |
5 |
6 |
7 |
1 |
|
Hourly |
8.78 |
9.16 |
9.56 |
9.97 |
|
|
|
|
|
Annually |
18262 |
19053 |
19885 |
20738 |
|
|
|
2 |
|
Hourly |
10.64 |
11.09 |
11.58 |
12.08 |
|
|
|
|
|
Annually |
22131 |
23067 |
24086 |
25126 |
|
|
|
3 |
|
Hourly |
11.14 |
11.65 |
12.16 |
12.69 |
|
|
|
|
|
Annually |
23171 |
24232 |
25293 |
26395 |
|
|
|
4 |
|
Hourly |
11.70 |
12.23 |
12.81 |
13.38 |
|
|
|
|
|
Annually |
24336 |
25438 |
26645 |
27830 |
|
|
|
5 |
|
Hourly |
12.28 |
12.84 |
13.38 |
13.97 |
|
|
|
|
|
Annually |
25542 |
26707 |
27830 |
29058 |
|
|
|
6 |
|
Hourly |
12.94 |
13.47 |
14.07 |
14.64 |
|
|
|
|
|
Annually |
26915 |
28018 |
29266 |
30451 |
|
|
|
7 |
|
Hourly |
13.74 |
14.26 |
14.83 |
15.35 |
15.94 |
|
|
|
|
Annually |
28579 |
29661 |
30846 |
31928 |
33155 |
|
|
8 |
|
Hourly |
14.53 |
15.16 |
15.83 |
16.53 |
17.23 |
|
|
|
|
Annually |
30222 |
31533 |
32926 |
34382 |
35838 |
|
|
9 |
|
Hourly |
15.50 |
16.30 |
17.11 |
17.95 |
18.87 |
|
|
|
|
Annually |
32240 |
33904 |
35589 |
37336 |
39250 |
|
|
10 |
|
Hourly |
16.72 |
17.63 |
18.58 |
19.65 |
20.70 |
|
|
|
|
Annually |
34778 |
36670 |
38646 |
40872 |
43056 |
|
|
11 |
|
Hourly |
18.20 |
19.27 |
20.38 |
21.53 |
22.76 |
|
|
|
|
Annually |
37856 |
40082 |
42390 |
44782 |
47341 |
|
|
12 |
|
Hourly |
20.08 |
21.21 |
22.35 |
23.59 |
24.90 |
26.26 |
27.71 |
|
|
Annually |
41766 |
44117 |
46488 |
49067 |
51792 |
54621 |
57637 |
13 |
|
Hourly |
22.13 |
23.35 |
24.63 |
25.95 |
27.40 |
28.90 |
30.49 |
|
|
Annually |
46030 |
48568 |
51230 |
53976 |
56992 |
60112 |
63419 |
14 |
|
Hourly |
24.35 |
25.72 |
27.10 |
28.59 |
30.20 |
31.88 |
33.62 |
|
|
Annually |
50648 |
53498 |
56368 |
59467 |
62816 |
66310 |
69930 |
15 |
|
Hourly |
26.74 |
28.24 |
29.84 |
31.48 |
33.22 |
35.06 |
36.98 |
|
|
Annually |
55619 |
58739 |
62067 |
65478 |
69098 |
72925 |
76918 |
16 |
|
Hourly |
29.48 |
31.12 |
32.84 |
34.67 |
36.59 |
38.67 |
40.80 |
|
|
Annually |
61318 |
64730 |
68307 |
72114 |
76107 |
80434 |
84864 |
17 |
|
Hourly |
32.49 |
34.28 |
36.20 |
38.20 |
40.33 |
42.58 |
44.93 |
|
|
Annually |
67579 |
71302 |
75296 |
79456 |
83886 |
88566 |
93454 |
18 |
|
Hourly |
35.80 |
37.78 |
39.90 |
42.11 |
44.43 |
46.92 |
49.50 |
|
|
Annually |
74464 |
78582 |
82992 |
87589 |
92414 |
97594 |
102960 |
|
|
Range |
|
Minimum |
|
Maximum |
41 |
|
Hourly |
|
16.23 |
|
32.46 |
|
|
Annually |
|
33758 |
|
67517 |
42 |
|
Hourly |
|
17.89 |
|
35.86 |
|
|
Annually |
|
37211 |
|
74589 |
43 |
|
Hourly |
|
19.70 |
|
39.49 |
|
|
Annually |
|
40976 |
|
82139 |
44 |
|
Hourly |
|
21.73 |
|
43.13 |
|
|
Annually |
|
45198 |
|
89710 |
45 |
|
Hourly |
|
24.01 |
|
47.09 |
|
|
Annually |
|
49941 |
|
97947 |
46 |
|
Hourly |
|
26.43 |
|
51.46 |
|
|
Annually |
|
54974 |
|
107037 |
47 |
|
Hourly |
|
29.14 |
|
56.16 |
|
|
Annually |
|
60611 |
|
116813 |
48 |
|
Hourly |
|
32.14 |
|
61.29 |
|
|
Annually |
|
66851 |
|
127483 |
49 |
|
Hourly |
|
35.44 |
|
66.18 |
|
|
Annually |
|
73715 |
|
137654 |
(D)(B) Beginning on the first day of the pay period that includes July 1, 2005, each exempt employee shall be paid a salary or wage in accordance with the following schedule of rates:
Pay Ranges and Step Values
|
|
|
Step |
Step |
Step |
Step |
Step |
Step |
Step |
|
|
Range |
1 |
2 |
3 |
4 |
5 |
6 |
7 |
1 |
|
Hourly |
9.13 |
9.53 |
9.94 |
10.37 |
|
|
|
|
|
Annually |
18990 |
19822 |
20675 |
21570 |
|
|
|
2 |
|
Hourly |
11.07 |
11.53 |
12.04 |
12.56 |
|
|
|
|
|
Annually |
23026 |
23982 |
25043 |
26125 |
|
|
|
3 |
|
Hourly |
11.59 |
12.12 |
12.65 |
13.20 |
|
|
|
|
|
Annually |
24107 |
25210 |
26312 |
27456 |
|
|
|
4 |
|
Hourly |
12.17 |
12.72 |
13.32 |
13.92 |
|
|
|
|
|
Annually |
25314 |
26458 |
27706 |
28954 |
|
|
|
5 |
|
Hourly |
12.77 |
13.35 |
13.92 |
14.53 |
|
|
|
|
|
Annually |
26562 |
27768 |
28954 |
30222 |
|
|
|
6 |
|
Hourly |
13.46 |
14.01 |
14.63 |
15.23 |
|
|
|
|
|
Annually |
27997 |
29141 |
30430 |
31678 |
|
|
|
7 |
|
Hourly |
14.29 |
14.83 |
15.42 |
15.96 |
16.58 |
|
|
|
|
Annually |
29723 |
30846 |
32074 |
33197 |
34486 |
|
|
8 |
|
Hourly |
15.11 |
15.77 |
16.46 |
17.19 |
17.92 |
|
|
|
|
Annually |
31429 |
32802 |
34237 |
35755 |
37274 |
|
|
9 |
|
Hourly |
16.12 |
16.95 |
17.79 |
18.67 |
19.62 |
|
|
|
|
Annually |
33530 |
35256 |
37003 |
38834 |
40810 |
|
|
10 |
|
Hourly |
17.39 |
18.34 |
19.32 |
20.44 |
21.53 |
|
|
|
|
Annually |
36171 |
38147 |
40186 |
42515 |
44782 |
|
|
11 |
|
Hourly |
18.93 |
20.04 |
21.20 |
22.39 |
23.67 |
|
|
|
|
Annually |
39374 |
41683 |
44096 |
46571 |
49234 |
|
|
12 |
|
Hourly |
20.88 |
22.06 |
23.24 |
24.53 |
25.90 |
27.31 |
28.82 |
|
|
Annually |
43430 |
45885 |
48339 |
51022 |
53872 |
56805 |
59946 |
13 |
|
Hourly |
23.02 |
24.28 |
25.62 |
26.99 |
28.50 |
30.06 |
31.71 |
|
|
Annually |
47882 |
50502 |
53290 |
56139 |
59280 |
62525 |
65957 |
14 |
|
Hourly |
25.32 |
26.75 |
28.18 |
29.73 |
31.41 |
33.16 |
34.96 |
|
|
Annually |
52666 |
55640 |
58614 |
61838 |
65333 |
68973 |
72717 |
15 |
|
Hourly |
27.81 |
29.37 |
31.03 |
32.74 |
34.55 |
36.46 |
38.46 |
|
|
Annually |
57845 |
61090 |
64542 |
68099 |
71864 |
75837 |
79997 |
16 |
|
Hourly |
30.66 |
32.36 |
34.15 |
36.06 |
38.05 |
40.22 |
42.43 |
|
|
Annually |
63773 |
67309 |
71032 |
75005 |
79144 |
83658 |
88254 |
17 |
|
Hourly |
33.79 |
35.65 |
37.65 |
39.73 |
41.94 |
44.28 |
46.73 |
|
|
Annually |
70283 |
74152 |
78312 |
82638 |
87235 |
92102 |
97198 |
18 |
|
Hourly |
37.23 |
39.29 |
41.50 |
43.79 |
46.21 |
48.80 |
51.48 |
|
|
Annually |
77438 |
81723 |
86320 |
91083 |
96117 |
101504 |
107078 |
|
|
Range |
|
Minimum |
|
Maximum |
41 |
|
Hourly |
|
16.23 |
|
33.76 |
|
|
Annually |
|
33758 |
|
70221 |
42 |
|
Hourly |
|
17.89 |
|
37.29 |
|
|
Annually |
|
37211 |
|
77563 |
43 |
|
Hourly |
|
19.70 |
|
41.07 |
|
|
Annually |
|
40976 |
|
85426 |
44 |
|
Hourly |
|
21.73 |
|
44.86 |
|
|
Annually |
|
45198 |
|
93309 |
45 |
|
Hourly |
|
24.01 |
|
48.97 |
|
|
Annually |
|
49941 |
|
101858 |
46 |
|
Hourly |
|
26.43 |
|
53.52 |
|
|
Annually |
|
54974 |
|
111322 |
47 |
|
Hourly |
|
29.14 |
|
58.41 |
|
|
Annually |
|
60611 |
|
121493 |
48 |
|
Hourly |
|
32.14 |
|
63.74 |
|
|
Annually |
|
66851 |
|
132579 |
49 |
|
Hourly |
|
35.44 |
|
68.83 |
|
|
Annually |
|
73715 |
|
143166 |
(C) As used in this section, "exempt employee" means a
permanent full-time or permanent part-time employee paid directly
by warrant of the auditor of state whose position is included in
the job classification plan established under division (A) of
section 124.14 of the Revised Code but who is not considered a
public employee for the purposes of Chapter 4117. of the Revised
Code. As used in this section, "exempt employee" also includes a
permanent full-time or permanent part-time employee of the
secretary of state, auditor of state, treasurer of state, or
attorney general who has not been placed in an appropriate
bargaining unit by the state employment relations board.
Sec. 124.181. (A) Except as provided in division (M) of
this section, any employee paid under schedule B of
section 124.15 or under schedule E-1 of section 124.152 of the
Revised Code is eligible for the pay supplements provided in
this section
upon application by the appointing authority substantiating the
employee's qualifications for the supplement and with the
approval of the director of administrative services except as
provided in division (E) of this section.
(B) In Except as provided in section 124.183 of the Revised Code, in computing any of the pay supplements provided in
this section, the classification salary base shall be the minimum
hourly rate of the pay range, provided in section 124.15 or
124.152 of the Revised Code, in which the employee is assigned at
the time of computation.
(C) The effective date of any pay supplement, except as provided in section 124.183 of the Revised Code or unless
otherwise provided in this section, shall be determined
by
the director.
(D) The director shall, by rule, establish standards
regarding the administration of this section.
(E)(1) Except as otherwise provided in this division,
beginning on the first day of the pay period within which the
employee completes five years of total service with the state
government or any of its political subdivisions, each employee in
positions paid under salary schedule B of
section 124.15
or under salary schedule E-1 of section 124.152 of the Revised
Code shall receive an automatic salary adjustment equivalent to
two and one-half per cent of the classification salary base, to
the nearest whole cent. Each employee shall receive thereafter
an annual adjustment equivalent to one-half of one per cent of
the employee's classification salary base, to the nearest
whole cent, for
each additional year of qualified employment until a maximum of
ten per cent of the employee's classification salary base is
reached. The granting of longevity adjustments shall not be
affected by promotion, demotion, or other changes in
classification held by the employee, nor by any change in pay
range for the employee's class. Longevity pay adjustments
shall become
effective at the beginning of the pay period within which the
employee completes the necessary length of service,
except that when an employee requests credit for prior
service, the effective date of the prior service credit and of
any longevity adjustment shall be the first day of the pay period
following approval of the credit by the director of
administrative services. No employee, other than an employee who
submits proof of prior service within ninety days after the date
of the employee's hiring, shall receive any longevity adjustment for the
period prior to the director's approval of a prior service
credit. Time spent on authorized leave of absence shall be
counted for this purpose.
(2) An employee who has retired in accordance with the
provisions of any retirement system offered by the state and who
is employed by the state or any political subdivision of the
state on or after June 24, 1987, shall not have prior service
with the state or any political subdivision of the state counted
for the purpose of determining the amount of the salary
adjustment provided under this division.
(3) There shall be a moratorium on employees' receipt under this division of credit for service with the state government or any of its political subdivisions during the period from July 1, 2003, through June 30, 2005. In calculating the number of years of total service under this division, no credit shall be included for service during the moratorium. The moratorium shall apply to the employees of the secretary of state, the auditor of state, the treasurer of state, the attorney general, the supreme court, and state boards and commissions, who are subject to this section unless the secretary of state, auditor of state, treasurer of state, attorney general, supreme court, board, or commission decides to exempt its employees from the moratorium and so notifies the director of administrative services in writing.
If an employee is exempt from the moratorium, receives credit for a period of service during the moratorium, and takes a position with another entity in the state government or any of its political subdivisions, either during or after the moratorium, and if that entity's employees are or were subject to the moratorium, the employee shall continue to retain the credit. However, if the moratorium is in effect upon the taking of the new position, the employee shall cease receiving additional credit as long as the employee is in the position, until the moratorium expires.
(F) When an exceptional condition exists that creates a
temporary or a permanent hazard for one or more positions in a
class paid under schedule B of section
124.15 or under salary schedule E-1 of section 124.152 of the
Revised Code, a
special hazard salary adjustment may be granted for the time the
employee is subjected to the hazardous condition. All special
hazard conditions shall be identified for each position and
incidence from information submitted to the director on an
appropriate form provided by the director and categorized into
standard conditions of: some unusual hazard not common to the
class; considerable unusual hazard not common to the class; and
exceptional hazard not common to the class.
(1) A hazardous salary adjustment of five per cent of the
employee's classification salary base may be applied in the case
of some unusual hazardous condition not common to the class for
those hours worked, or a fraction thereof, while the employee was
subject to the unusual hazard condition.
(2) A hazardous salary adjustment of seven and one-half
per cent of the employee's classification salary base may be
applied in the case of some considerable hazardous condition not
common to the class for those hours worked, or a fraction
thereof, while the employee was subject to the considerable
hazard condition.
(3) A hazardous salary adjustment of ten per cent of the
employee's classification salary base may be applied in the case
of some exceptional hazardous condition not common to the class
for those hours worked, or a fraction thereof, when the employee was
subject to the exceptional hazard condition.
(4) Each claim for temporary hazard pay shall be submitted
as a separate payment and shall be subject to an administrative
audit by the director as to the extent and duration of the
employee's exposure to the hazardous condition.
(G) When a full-time employee whose salary or wage is paid
directly by warrant of the auditor of state and who also is eligible for
overtime under the "Fair Labor Standards
Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as
amended, is ordered by
the appointing authority to report back to work after termination
of the employee's regular work schedule and the
employee reports, the employee shall be paid for
such time. The employee shall be entitled to four hours
at the employee's total rate of pay or overtime compensation for the actual
hours worked, whichever is greater. This division
does not apply
to work that is a continuation of or immediately preceding an
employee's regular work schedule.
(H) When a certain position or positions paid under
schedule B of section 124.15 or under
salary schedule E-1 of section 124.152 of the Revised Code require the ability
to speak or
write a language other than English, a special pay supplement may
be granted to attract bilingual individuals, to encourage present
employees to become proficient in other languages, or to retain
qualified bilingual employees. The bilingual pay supplement
provided in this division may be granted in the amount of
five per cent of
the employee's classification salary base for each required
foreign language and shall remain in effect as long as the
bilingual requirement exists.
(I) The director may establish a shift differential for
employees. Such differential shall be paid to employees in
positions working in other than the regular or first shift. In
those divisions or agencies where only one shift prevails, no
shift differential shall be paid regardless of the hours of the
day that are worked. The director and the appointing authority
shall designate which positions shall be covered by this
division.
(J) Whenever an employee is assigned to work in a higher
level position for a continuous period of more than two weeks but
no more than two years because of a vacancy, the employee's
pay may be established at a rate that is approximately
four per cent above the employee's current base rate for the period the
employee occupies the position, provided that this temporary occupancy
is
approved by
the director. Employees paid under this division
shall continue
to receive any of the pay supplements due them under
other divisions
of this section based on the step one base rate for their normal
classification.
(K) If a certain position, or positions, within a class
paid under schedule B of section 124.15 or under
salary schedule E-1 of section 124.152 of the Revised Code
are mandated by state or federal law or regulation or other
regulatory agency or other certification authority to have
special technical certification, registration, or licensing to
perform the functions which are under the mandate, a special
professional achievement pay supplement may be granted. This
special professional achievement pay supplement shall not be
granted when all incumbents in all positions in a class require
license as provided in the classification description published
by the department of administrative services; to licensees where
no special or extensive training is required; when certification
is granted upon completion of a stipulated term of in-service
training; when an appointing authority has required
certification; or any other condition prescribed by the director.
(1) Before this supplement may be applied, evidence as to
the requirement must be provided by the agency for each position
involved, and certification must be received from the director
as to the
director's concurrence for each of the positions so affected.
(2) The professional achievement pay supplement provided
in this division shall be granted in an amount up to ten
per cent of the
employee's classification salary base and shall remain in effect
as long as the mandate exists.
(L) Those employees assigned to teaching supervisory,
principal, assistant principal, or superintendent positions who
have attained a higher educational level than a basic bachelor's
degree may receive an educational pay supplement to remain in
effect as long as the employee's assignment and classification
remain the same.
(1) An educational pay supplement of two and one-half per
cent of the employee's classification salary base may be applied
upon the achievement of a bachelor's degree plus twenty quarter
hours of postgraduate work.
(2) An educational pay supplement of an additional five
per cent of the employee's classification salary base may be
applied upon achievement of a master's degree.
(3) An educational pay supplement of an additional two and
one-half per cent of the employee's classification salary base
may be applied upon achievement of a master's degree plus thirty
quarter hours of postgraduate work.
(4) An educational pay supplement of five per cent of the
employee's classification salary base may be applied when the
employee is performing as a master teacher.
(5) An educational pay supplement of five per cent of the
employee's classification salary base may be applied when the
employee is performing as a special education teacher.
(6) Those employees in teaching supervisory, principal,
assistant principal, or superintendent positions who are
responsible for specific extracurricular activity programs shall
receive overtime pay for those hours worked in excess of their
normal schedule, at their straight time hourly rate up to a
maximum of five per cent of their regular base salary in any
calendar year.
(M)(1) A state agency, board, or commission may establish a
supplementary compensation schedule for those licensed physicians
employed by the agency, board, or commission in positions
requiring a licensed physician. The supplementary compensation
schedule, together with the compensation otherwise authorized by
this chapter, shall provide for the total compensation for these
employees to range appropriately, but not necessarily uniformly,
for each classification title requiring a licensed physician, in
accordance with a schedule approved by the state controlling
board. The individual salary levels recommended for each such
physician employed shall be approved by the director.
Notwithstanding section 124.11 of the Revised Code, such
personnel are in the unclassified civil service.
(2) The director of administrative services may approve
supplementary compensation for the director of health, if the director is a
licensed physician, in accordance with a supplementary compensation schedule
approved under division (M)(1) of this section or in accordance with
another supplementary compensation schedule the director of administrative
services considers appropriate. The supplementary compensation shall not
exceed twenty per cent of the director of health's base rate of pay.
(N) Notwithstanding sections 117.28, 117.30, 117.33, 117.36,
117.42, and
131.02 of the Revised Code, the state shall not institute any civil action to
recover and shall not seek reimbursement for overpayments made in violation of
division (E) of this section or division (C) of section 9.44 of the Revised
Code for the period starting after June 24, 1987, and ending on October 31,
1993.
(O) Employees of the office of the treasurer of state who are
exempt from collective bargaining coverage may be granted a merit pay
supplement of up to one and one-half per cent of their step rate. The rate at
which this supplement is granted shall be based on performance standards
established by the treasurer of state. Any supplements granted under this
division shall be administered on an annual basis.
Sec. 124.183. (A) As used in this section, "active payroll" means when an employee is actively working; on military, worker's compensation, occupational injury, or disability leave; or on an approved leave of absence.
(B) Each permanent employee paid under schedule E-1 of section 124.152 of the Revised Code who was appointed on or before March 6, 2003, and is on the active payroll as of November 14, 2004, shall receive a one-time pay supplement. The supplement shall be a two per cent lump sum payment that is based on the annualization of the top step of the pay range that the employee is in on November 14, 2004.
Each permanent employee paid under schedule E-2 of section 124.152 of the Revised Code who was appointed on or before March 6, 2003, and is on the active payroll as of November 14, 2004, shall receive a one-time pay supplement. The supplement shall be a two per cent lump sum payment that is based upon the annualization of the maximum hourly rate of the pay range that the employee is in on November 14, 2004.
(C) Each permanent employee who is exempt from collective bargaining, is not covered by division (B) of this section, was appointed on or before March 6, 2003, and is on the active payroll as of November 14, 2004, shall receive a one-time pay supplement. The supplement shall be a two per cent lump sum payment that is based upon the annualization of the base rate of the employee's pay on November 14, 2004.
(D) A part-time employee who is eligible to receive a one-time pay supplement under division (B) or (C) of this section shall have the employee's one-time pay supplement pro-rated based on the number of hours worked in the twenty-six pay periods prior to November 14, 2004.
An employee who is eligible to receive a one-time pay supplement under division (B) or (C) of this section and was on a voluntary leave of absence shall have the employee's one-time pay supplement pro-rated based on the number of hours worked in the twenty-six pay periods prior to November 14, 2004.
(E) A one-time pay supplement under this section shall be paid in the employee's first paycheck in December of 2004.
(F) Notwithstanding any provision of law to the contrary, a one-time pay supplement under this section shall not be subject to withholding for deposit into any state retirement system. Notwithstanding any provision of law to the contrary, a one-time pay supplement under this section shall not be used for calculation purposes in determining an employee's retirement benefits in any state retirement system.
(G)(1) This section does not apply to employees of the general assembly, legislative agencies, or the supreme court.
(2) This section does not apply to employees of the secretary of state, auditor of state, treasurer of state, attorney general, or state boards and commissions unless the secretary of state, auditor of state, treasurer of state, attorney general, board, or commission decides that its employees should be eligible for the one-time pay supplement and so notifies the director of administrative services in writing on or before July 1, 2004.
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. 125.91. 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. 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, 5101.20, 5101.201, 5101.21, or 5101.211 5101.214 of the Revised Code;
(12) Applying to purchases of services by the adult parole
authority under section 2967.14 of the Revised Code or by the
department of youth services under section 5139.08 of the Revised
Code;
(13) Applying to dues or fees paid for membership in an
organization or association;
(14) Applying to purchases of utility services pursuant to
section 9.30 of the Revised Code;
(15) Applying to purchases made in accordance with rules
adopted by the department of administrative services of motor
vehicle, aviation, or watercraft fuel, or emergency repairs of
such vehicles;
(16) Applying to purchases of tickets for passenger air
transportation;
(17) Applying to purchases necessary to provide public
notifications required by law or to provide notifications of job
openings;
(18) Applying to the judicial branch of state government;
(19) Applying to purchases of liquor for resale by the
division of liquor
control;
(20) Applying to purchases of motor courier and freight
services made in accordance with department of administrative
services rules;
(21) Applying to purchases from the United States postal
service and purchases of stamps and postal meter replenishment
from vendors at rates established by the United States postal
service;
(22) Applying to purchases of books, periodicals,
pamphlets,
newspapers, maintenance subscriptions, and other
published
materials;
(23) Applying to purchases from other state agencies,
including state-assisted institutions of higher education;
(24) Limiting the authority of the director of
environmental
protection to enter into contracts under division
(D) of section
3745.14 of the Revised Code to conduct compliance
reviews, as
defined in division (A) of that section;
(25) Applying to purchases from a qualified nonprofit
agency
pursuant to sections 4115.31 to 4115.35 of the Revised
Code;
(26) Applying to payments by the department of job and
family
services to the United States department of health and
human
services for printing and mailing notices pertaining to the
tax
refund offset program of the internal revenue service of the
United States department of the treasury;
(27) Applying to contracts entered into by the department
of
mental retardation and developmental disabilities under
sections
5123.18, 5123.182, and 5111.252 5123.199 of the Revised Code;
(28) Applying to payments made by the department of mental
health under a
physician recruitment program authorized by section
5119.101 of the Revised
Code;
(29) Applying to contracts entered into with persons by
the
director of commerce for unclaimed funds collection and
remittance
efforts as provided in division
(F) of section 169.03 of the
Revised
Code. The director shall keep
an itemized accounting of
unclaimed funds collected by those
persons and amounts paid to
them for their services.
(30) Applying to purchases made by a state institution of
higher
education
in accordance with the terms of a contract
between the vendor and an
inter-university purchasing group
comprised of purchasing officers of state
institutions of higher
education;
(31) Applying to the department of job and family
services'
purchases of health
assistance services under the children's
health insurance program part
I provided for under section 5101.50
of the Revised Code or the children's
health
insurance program
part II provided for under section 5101.51
of the Revised Code;
(32) Applying to payments by the attorney general from the
reparations fund to hospitals and other emergency medical
facilities for performing medical examinations to collect physical
evidence pursuant to section 2907.28 of the Revised Code;
(33) Applying to contracts with a contracting authority or
administrative receiver under division (G)(2) of section 5126.055
of the Revised Code;
(34) Applying to reimbursements paid to the United States department of veterans affairs for pharmaceutical and patient supply purchases made on behalf of the Ohio veterans' home agency.
(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. The attorney general may assess the collection cost to the amount certified in such manner and amount as prescribed by the attorney general.
(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. 131.41. There is hereby created in the state treasury the family services stabilization fund. The fund shall consist of moneys deposited into it pursuant to acts of the general assembly. The director of budget and management, with advice from the director of job and family services, may transfer moneys in the family services stabilization fund to the general revenue fund for the department of job and family services. Moneys may be transferred due to identified shortfalls for family services activities, such as higher caseloads, federal funding changes, and unforeseen costs due to significant state policy changes. Before transfers are authorized, the director of budget and management shall exhaust the possibilities for transfers of moneys within the department of job and family services to meet the identified shortfall. Transfers shall not be used to fund policy changes not contemplated by acts of the general assembly. Any investment earnings of the family services stabilization fund shall be credited to that fund.
Sec. 145.38. (A) As used in this section and section sections 145.381 and
145.384 of the Revised Code:
(1)
"PERS retirant" means a former member of the public
employees retirement system who is receiving one of the
following:
(a) Age and service retirement benefits under section
145.32, 145.33, 145.331, 145.34, or 145.46 of the Revised Code;
(b) Age and service retirement benefits paid by the public
employees retirement system under section 145.37 of the Revised
Code;
(c) Any benefit paid
under
a
PERS defined
contribution
plan.
(2)
"Other system retirant" means both of the following:
(a) A member or former member of the Ohio police and
fire
pension fund, state teachers retirement system,
school employees
retirement system, state highway patrol
retirement system, or
Cincinnati retirement system who is
receiving age and service or
commuted age and service retirement
benefits or a disability
benefit from a system of which the
person is a member or former
member;
(b) A member or former member of the public employees
retirement system who is receiving age and service retirement
benefits or a disability benefit under section 145.37 of the
Revised Code paid by the school employees retirement system or
the
state teachers retirement system.
(B)(1) Subject to this section and section 145.381 of the Revised Code, a PERS retirant or other
system retirant may be employed by a public employer. If so
employed, the PERS retirant or other system retirant shall
contribute to the public employees retirement system in
accordance
with section 145.47 of the Revised Code, and the
employer shall
make contributions in accordance with section
145.48 of the
Revised Code.
(2) A public employer that employs a PERS retirant or
other
system retirant, or enters into a contract for services as
an
independent contractor with a PERS retirant
shall notify the
retirement board of the employment or contract not
later than the
end of the month in which the employment or contract
commences.
Any overpayment of benefits to a PERS retirant by the
retirement
system resulting from delay or failure of the employer
to give the
notice shall be repaid to the retirement system by
the employer.
(3) On receipt of notice from a public employer that a
person who is an other system retirant has been employed, the
retirement system shall notify the retirement system of which the
other system retirant was a member of such employment.
(4)(a) A PERS retirant who has received a retirement
allowance for less than two months when employment subject to
this
section commences shall forfeit the retirement allowance for
any
month the PERS retirant is employed prior to the
expiration of the
two-month period. Service and contributions for
that period shall
not be included in calculation of any benefits
payable to the PERS
retirant and those contributions shall be
refunded on the
retirant's death or termination of the
employment.
(b) An other system retirant who has received a retirement
allowance or disability benefit for less than two
months when
employment subject to this section commences shall
forfeit the
retirement allowance or disability benefit for any month
the
other
system retirant is employed prior to the expiration of the
two-month period. Service
and contributions for that period
shall
not be included in the
calculation of any benefits payable
to the
other system retirant
and those contributions shall be
refunded on
the retirant's
death or termination of the employment.
(c) Contributions made on compensation earned after the
expiration of the two-month period shall be used in the
calculation of the
benefit or payment due under section 145.384 of
the Revised Code.
(5) On receipt of notice from the Ohio police and
fire
pension fund, school employees retirement
system,
or state
teachers retirement system of the re-employment of a
PERS
retirant, the public employees retirement system shall not pay,
or
if paid, shall recover, the amount to be forfeited by the PERS
retirant in accordance with section 742.26, 3307.35,
or 3309.341
of the Revised Code.
(6) A PERS retirant who enters into a contract to provide
services as an independent contractor to the employer by which
the
retirant was employed at the time of retirement or, less
than two
months after the retirement allowance commences, begins
providing
services as an independent contractor pursuant to a contract with
another public employer, shall forfeit the pension portion of
the
retirement benefit for the period beginning the first day of the
month following the month in which the services begin and ending
on the first day of the month following the month in which the
services end. The annuity portion of the retirement allowance
shall be suspended on the day services under the contract begin
and shall accumulate to the credit of the retirant to be paid in
a
single payment after services provided under the contract
terminate. A PERS retirant subject to division (B)(6) of this
section shall not contribute to the retirement system and shall
not become a member of the system.
(7) As used in this division,
"employment" includes service
for which a
PERS retirant or other system retirant, the retirant's
employer, or
both, have waived any earnable salary for the
service.
(C)(1) Except as provided in division (C)(3) of this
section, this division applies to both of the following:
(a) A PERS retirant who, prior to September 14, 2000,
was
subject to division (C)(1)(b) of this
section as that
division
existed immediately prior to September
14, 2000,
and
has not
elected
pursuant to Am. Sub. S.B. 144 of the 123rd general
assembly to
cease to be subject to
that division;
(b) A PERS retirant to whom both of the following apply:
(i) The retirant held elective office in this state, or in
any municipal corporation, county, or other political subdivision
of this
state at the time of retirement under this chapter.
(ii) The retirant was elected or appointed to the same
office for the remainder of the term or the term immediately
following the term during which the retirement occurred.
(2) A PERS retirant who is subject to this division is a
member of the public employees retirement system with all the
rights,
privileges, and obligations of membership, except that the
membership does
not include survivor benefits provided pursuant to
section 145.45 of the
Revised Code or, beginning on the ninetieth
day after September 14, 2000, any amount
calculated under section
145.401 of the Revised
Code. The pension portion of the PERS
retirant's retirement
allowance shall be forfeited until the first
day of the first month following
termination of the employment.
The annuity portion of the retirement
allowance shall accumulate
to the credit of the
PERS retirant to
be paid in a single payment
after termination of the employment.
The retirement allowance
shall resume on the first day of the
first month following
termination of the employment. On
termination of the employment,
the PERS retirant shall elect to
receive either a refund of the
retirant's contributions to
the retirement
system during the
period of employment subject to this section or
a supplemental
retirement allowance based on the retirant's
contributions and
service credit for that period of employment.
(3) This division does not apply to any of the following:
(a) A PERS retirant elected to office who, at the time of
the election for the retirant's current term, was not retired but,
not less than ninety days prior to the election for the term,
filed a written declaration of intent to retire before the end of
the term with the board of elections of the county in which
petitions for nomination or election to the office were filed;
(b) A PERS retirant elected to office who, at the time of
the election for the retirant's current term, was a retirant and
had been retired for not less than ninety days;
(c) A PERS retirant appointed to office who, at the time of
appointment to the retirant's current term, notified the person or
entity making the appointment that the retirant was already
retired or intended to retire before the end of the term.
(D)(1) Except as provided in division (C) of this
section,
a PERS
retirant or other system retirant subject to
this section
is not
a member of the public employees
retirement system, and,
except as
specified in this section does not
have any of the
rights,
privileges, or
obligations of membership. Except as
specified in
division
(D)(2) of this
section, the retirant is not
eligible to
receive health, medical,
hospital, or surgical
benefits under
section 145.58 of the Revised Code for employment
subject to this
section.
(2) A PERS retirant subject to this
section shall receive
primary health, medical,
hospital, or surgical insurance coverage
from the retirant's employer, if the
employer provides coverage to
other employees performing
comparable work. Neither the employer
nor the PERS retirant may
waive the employer's coverage, except
that the PERS retirant may
waive the employer's coverage if the
retirant has coverage comparable to
that provided by the employer
from a source other than the
employer or the public employees
retirement system. If a claim
is made, the employer's coverage
shall be the primary coverage
and shall pay first. The benefits
provided under section 145.58
of the Revised Code shall pay only
those medical expenses not
paid through the employer's coverage or
coverage the PERS
retirant receives through a source other than
the retirement
system.
(E) If the disability benefit of an other system retirant
employed under this section is terminated, the retirant shall
become a member of the public employees retirement system,
effective on
the first day of the month next following the
termination with
all the rights, privileges, and obligations of
membership. If
such person, after the termination of the
disability benefit,
earns two years of service credit under this
system or under the
Ohio police and fire
pension fund, state
teachers
retirement system, school employees retirement system, or
state
highway patrol retirement system, the person's prior
contributions as an
other system retirant under this section shall
be included in the person's
total service credit as a public
employees retirement system
member, and the person shall forfeit
all rights and benefits of this
section. Not more than one year
of credit may be given for any
period of twelve months.
(F) This section does not affect the receipt of benefits
by
or
eligibility for benefits of any person who on August 20,
1976,
was
receiving a disability benefit or service retirement
pension
or
allowance from a state or municipal retirement system
in Ohio
and
was a member of any other state or municipal
retirement system
of
this state.
(G) The public employees retirement board may adopt rules
to
carry out this section.
Sec. 145.381. (A) Except as provided in division (B) of this section, no person who is, or at the time of employment will be, a PERS retirant may be employed by a public employer or provide service as an independent contractor to a public employer unless the public employer does both of the following in accordance with rules adopted under division (C) of this section:
(1) Not less than sixty days before the employment or service is to begin, gives public notice that the person is or will be retired and is seeking employment with the public employer or to provide service as an independent contractor to the public employer;
(2) Between fifteen and thirty days before the employment or service is to begin and after complying with division (A)(1) of this section, holds a public meeting on the issue of the person being employed by or providing services as an independent contractor to the public employer.
The notice regarding division (A)(1) of this section shall include the time, date, and location at which the public meeting is to take place.
(B) A person is not subject to division (A) of this section if the employment involved is an elective office of this state or any municipal corporation, county, or other political subdivision of this state.
(C) The public employees retirement board shall adopt rules as necessary to implement this section.
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 one hundred ten per cent more than 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 one hundred ten per cent more than the total cost of preparation and delivery;
(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. 149.31. (A) The Ohio historical society, in addition
to its other functions, shall function as the state archives
administration for the state and its political subdivisions.
It shall be the function of the state archives to preserve
government archives, documents, and records of historical value
which that may come into its possession from public or private
sources.
The archives administration shall evaluate, preserve,
arrange, service repair, or make other disposition, such as
transfer to public libraries, county historical societies, state
universities, or other public or quasi-public institutions,
agencies, or corporations, of those public records of the state
and its political subdivisions which that may come into its possession
under the provisions of this section. Such public records shall
be transferred by written agreement only, and only to public or
quasi-public institutions, agencies, or corporations capable of
meeting accepted archival standards for housing and use.
The archives administration shall be headed by a trained
archivist designated by the Ohio historical society, and shall
make its services available to county, city, township, and school
school district records commissions upon request. The archivist
shall be designated as the "state archivist."
(B) The archives administration of the Ohio historical
society may purchase or procure for itself, or authorize the
board of trustees of an archival institution to purchase or
procure from an insurance company licensed to do business in this
state policies of insurance insuring the administration or the
members of the board and their officers, employees, and agents
against liability on account of damage or injury to persons and
property resulting from any act or omission of the board members,
officers, employees, and agents in their official capacity.
(C) Notwithstanding any other provision of the Revised Code to the contrary, the archives administration may establish a fee schedule, which may include the cost of labor, for researching, retrieving, copying, and mailing copies of public records in the state archives. Revisions to the fee schedule shall be subject to approval by the board of trustees of the Ohio historical society.
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 under section 153.69 of the Revised Code shall require any form of fee estimate, fee proposal, or other estimate or measure of compensation prior to selecting and ranking professional design firms, except in instances when firms are selected and ranked by a state agency from a list of prequalified firms created under section 153.68 of the Revised Code and the state agency's payment of funds for the professional design services has been preapproved by the controlling board.
Sec. 164.27. (A) The clean Ohio conservation fund is
hereby
created in the state treasury. Seventy-five per cent of the net
proceeds of obligations
issued and sold by the issuing authority
pursuant to sections 151.01 and
151.09 of the Revised Code shall
be deposited into the fund.
Investment earnings of the fund shall
be credited to the fund.
For two years after the effective date of
this section, investment earnings credited to the fund
and may be used
to pay costs incurred by the Ohio public works
commission in
administering sections 164.20 to 164.27 of the
Revised Code.
Moneys in the
clean Ohio
conservation fund shall be
used to
make
grants to local
political
subdivisions and nonprofit
organizations
for projects
that have
been approved for grants
under sections
164.20 to 164.27
of the
Revised Code.
The
clean Ohio
conservation fund
shall be administered
by
the Ohio public works
commission.
(B) For the purpose of grants issued under sections 164.20
to 164.27 of the Revised Code, moneys shall be allocated on an
annual basis from the
clean Ohio conservation fund to districts
represented by
natural resources assistance councils as follows:
(1) Each district shall receive an amount that is equal to
one-fourth of one per cent of the total annual amount allocated to
all districts each year for each county that is represented by the
district.
(2) The remaining moneys shall be allocated to each district
annually on a per capita basis.
(C) A grant that is awarded under sections 164.20 to 164.27
of the Revised Code may provide up to seventy-five per cent of the
estimated cost of a project. Matching funds from a grant
recipient may consist of contributions of money by any person, any
local political subdivision, or the federal government
or of
contributions in-kind by such entities through the purchase
or
donation of equipment, land,
easements, interest in land,
labor,
or
materials necessary to complete the project.
(D) The director of the Ohio public works commission shall
notify the director of budget and management of the amounts
allocated pursuant to this section, and that information shall be
entered in the state accounting system. The director of budget
and management may establish appropriate line items or other
mechanisms that are needed to track the allocations.
(E) Grants awarded under sections 164.20 to 164.27 of the
Revised Code from the clean Ohio conservation fund shall be used
by a local political subdivision or nonprofit organization only to
pay the costs related to the purposes for which grants may be
issued under section 164.22 of the Revised Code and shall not be
used by a local political subdivision or nonprofit organization to
pay any administrative costs incurred by the local political
subdivision or nonprofit organization.
Sec. 165.09. Any real or personal property, or both, of an
issuer which that is acquired, constructed, reconstructed, enlarged,
improved, furnished or equipped, or any combination thereof, and
leased or subleased under authority of either Chapter 165. or
761.
of the Revised Code shall be subject to ad valorem, sales,
use,
and franchise taxes and to zoning, planning, and building
regulations and fees, to the same extent and in the same manner
as
if the lessee-user or sublessee-user thereof, rather than the
issuer, had acquired, constructed, reconstructed, enlarged,
improved, furnished, or equipped, or any combination thereof,
such
real or personal property, and title thereto was in the name
of
such lessee-user or sublessee-user.
The transfer of tangible personal property by lease or
sublease under authority of either Chapter 165. or 761. of the
Revised Code is not a sale as used in Chapter 5739. of the
Revised
Code. The exemptions provided in divisions (B)(1) and
(B)(14)(13)
of
section 5739.02 of the Revised Code shall not be
applicable to
purchases for a project under either Chapters 165.
or 761. of the
Revised Code.
An issuer shall be exempt from all taxes on its real or
personal property, or both, which has been acquired, constructed,
reconstructed, enlarged, improved, furnished, or equipped, or any
combination thereof, under Chapter 165. or 761. of the Revised
Code, so long as such property is used by the issuer for purposes
which would otherwise exempt such property; has ceased to be used
by a former lessee-user or sublessee-user and is not occupied or
used; or has been acquired by the issuer, but development has not
yet commenced. The exemption shall be effective as of the date
the exempt use begins. All taxes on the exempt real or personal
property for the year should be prorated and the taxes for the
exempt portion of the year shall be remitted by the county
auditor.
Sec. 173.06. (A) The director of aging shall establish a
golden buckeye card program and provide a golden buckeye card to
any resident of this state who applies to the director for a card
and who is sixty years of age or older or disabled is a person with a disability and is eighteen years of age or older. The director
shall devise programs to provide benefits of any kind to card
holders, and encourage support and participation in them by all
persons, including governmental organizations. Card holders
shall
be entitled to any benefits granted to them by private
persons or
organizations, the laws of this state, or ordinances
or
resolutions of political subdivisions. This section does not
require any person or organization to provide benefits to any
card
holder. The department of aging shall bear all costs of the
program, except that the department is not required to bear any
costs related to the prescription drug discount programs
established pursuant to section 173.061 of the Revised Code.
(B) Before issuing a golden buckeye card to any person,
the
director shall establish the identity of any person who
applies
for a card and shall ascertain that such person is sixty
years of
age or older or disabled is a person with a disability and is eighteen years of age or older. The director shall adopt
rules under
Chapter 119. of the Revised Code to prevent the
issuance of cards
to persons not qualified to have them. Cards
shall contain the
signature of the card holder and any other
information the
director considers necessary to carry out the
purposes of the
golden buckeye card program under this section.
Any card that the
director issues shall be held in perpetuity by
the original card
holder and shall not be transferable to any
other person. A
person who loses
the person's card may
obtain another card
from
the director upon providing the same information to
the
director
as was required for the issuance of the original card.
(C) No person shall use a golden buckeye card except to
obtain a benefit for the holder of the card to which the holder
is
entitled under the conditions of the offer.
(D) As used in this section, "disabled person with a disability" means a
person who has some impairment of body or mind that makes the
person unfit to work at any substantially remunerative employment
that
the person is substantially able to perform and
that will,
with reasonable probability, continue for a period of
at least
twelve months without any present indication of recovery
therefrom, or who and has been certified as permanently and totally
disabled by an agency of this state or the United States having
the function of so classifying persons.
Sec. 173.061. (A) As used in this section:
(1) "Prescription drug" means a drug that may not be
dispensed without a prescription from a licensed health
professional authorized to prescribe drugs.
(2) "Drug," "licensed health professional authorized to
prescribe drugs," "pharmacy," and "prescription" have the same
meanings as in section 4729.01 of the Revised Code.
(3) "Disabled person Person with a disability" has the same meaning as in section
173.06 of the Revised Code.
(4) "Drug discount" means a reimbursement of a certain portion of the wholesale price of a drug to the administrator of a prescription drug program for funds accrued or paid in connection with a reduction in cost of the drug by the manufacturer to the prescription drug program cardholder pursuant to an agreement between the manufacturer and the administrator and in consideration of the administrator's agreement to return one hundred per cent of the non-negotiated discounts to the cardholder at the point of sale. A discount is not tied to and does not vary based on market share performance.
(5) "Rebate" means a refund of a certain portion of the wholesale price of a drug to the administrator of a prescription drug program based on a negotiated agreement between the manufacturer and the administrator and in consideration of market share performance or continued access or availability of the drug under the administrator's prescription drug program.
(B) The director of aging shall establish one or more
prescription
drug discount card programs that enable cardholders
to receive
discounts reduced prices on prescription drugs dispensed at
participating
pharmacies. A card shall be provided to any resident
of this state
who applies in accordance with rules adopted by the
director
pursuant to division (F) of this section and is sixty
years of
age or older
or is a disabled person with a disability.
If the director
establishes more than one prescription drug
discount card program
under this section, an eligible resident may
participate in one or
more or all of the programs.
(C)(1) The director shall solicit and
accept proposals from
entities separate from the department of aging to provide for
administration of a program or programs in
accordance with rules
adopted
under division (F) of this section.
Proposals must be
submitted
not later than a date established by
the director. The
director
shall accept only those proposals that specify all of the
following:
(a) The estimated amount of the discount reduced prices on prescription drugs based on the
entity's previous experience and how the discount reduction is to be
achieved;
(b) To the extent that discounts on prescription drugs are
to
be achieved through rebates or discounts in prices that the
an entity
negotiates rebates with drug manufacturers, the proportion of the
rebates
or discounts to be used to do all any of the following:
(i) Reduce any costs to cardholders;
(ii) Achieve discounts for cardholders;
(iii) Cover costs for administering the program;
(iii) Offer any other benefits to cardholders.
(c) Any other benefits offered to cardholders;
(d) If fees are permitted, the fee, if any, to cardholders
for participation in the program and whether the fee is to be a
one-time or periodic fee;
(e) The estimated number and geographic distribution of
participating pharmacies and the process for establishing the
program's pharmacy network;
(f) Financial incentives to be paid to
participating
pharmacies by the entity;
(g) The percentage of prescription drugs to be covered by
the
program by major drug category;
(h) How the entity proposes to improve medication management
for cardholders;
(i) How cardholders and participating pharmacies will be
informed of the discounted reduced price negotiated by the entity;
(j) How the entity will handle complaints about the program's
operation;
(k) The entity's previous experience in managing similar
programs;
(l) Any additional information requested by the director.
(2) The director shall contract with one or more entities to
administer a program or programs
on the basis of the proposals
submitted, but may
require an
administrator to modify its conduct
of a program in
accordance
with rules adopted under division (F)
of this section.
Prior to entering into a contract with an entity,
the director shall obtain
approval of the contract from the
controlling board at a public
hearing.
The
director shall adopt rules specifying the period for
which a
contract will be in effect and may terminate a
contract if
an
administrator fails to conduct a program in
accordance with its
proposal or with any modifications required by
rule. When a
contract period ends or a contract is
terminated, the director
shall enter into a new contract in the
manner specified in this
section for an original contract. Prior
to making a new
contract,
the director may modify the rules for
administration of
the
program or programs.
(D) The rules for administration of a program established
under division (C)(2) of this section may permit an administrator
to
charge a fee for a prescription drug discount card. The fee
may
be a one-time or periodic fee. If the rules permit a fee to
be
charged, each entity that submits a proposal under which a fee
will be charged shall specify the amount of the fee and the period
to which the fee will apply.
If an administrator charges a fee for a prescription drug
discount card, the rules may require the administrator to issue
the cards. If an administrator does not charge a fee, the rules
may require the administrator to issue the cards or may include
the prescription drug discount information on golden buckeye cards
issued under section 173.06 of the Revised Code.
(E) As used in this division, "administrator" includes the
administrator's parent company and any subsidiary of the parent
company.
(1) No administrator shall sell any information
concerning
a person who holds a prescription drug discount card,
other than
aggregate information that does not identify the
cardholder,
without the cardholder's written consent.
(2) Unless an administrator has the cardholder's written
consent, no administrator shall use any personally
identifiable
information that it obtains concerning a cardholder
through the
program to promote or sell a program or product
offered by the
administrator that is not related to the
administration of the
program. This division does not prohibit
an administrator from
contacting cardholders concerning
participation in or
administration of the program, including, but
not limited to,
mailing a list of pharmacies participating in the
program's
network.
(3) When determining medicaid drug rebates, an administrator shall be subject to best price calculations promulgated by the centers for medicare and medicaid services in the United States department of health and human services. An administrator may use rebates negotiated with a drug manufacturer without restriction, including sharing a portion of the rebate with the administrator's clients, prescription drug program participants, or participating pharmacies. To the extent that a discount is achieved through rebates
or discounts in prices that an administrator negotiates rebates with drug
manufacturers, an the administrator shall use the rebates or
discounts
to do one or more of the following:
(a) Reduce any costs to cardholders;
(b) Achieve discounts for cardholders;
(c) Cover any administrative costs of the program;
(c) Offer any other benefits to cardholders.
(4) An administrator may negotiate with drug manufacturers to have the prescription drug program or programs established by the department of aging under this section serve as a single enrollment point for the manufacturer's discount program. To the extent that discounts are offered by manufacturers through the program, discounts are exempt from best price calculations when determining medicaid drug rebates pursuant to 42 U.S.C. 1396r-8, as amended, if all of the following apply:
(a) The manufacturer's program provides prescription drug assistance to a limited group of persons without negotiations between the manufacturer and a third party regarding the amount of assistance.
(b) The manufacturer establishes the amount of the benefit to be given to persons without negotiations between the manufacturer and a third party regarding the amount of the benefit.
(c) The entire amount of the discount is used to benefit an individual without providing an opportunity for the administrator, participating pharmacies, or any other third party to reduce or take for its use a portion of the benefit.
(d) A participating pharmacy is reimbursed based on the lower of a calculated formula equal to the average wholesale price less a defined percentage plus a dispensing fee, or the pharmacy's usual and customary price for the drug.
(e) Other than the benefit amount, a participating pharmacy collects no additional payment from the manufacturer's discount program.
(5) To the extent that drug discounts on prescription drugs are achieved through reduced prices an administrator obtains from drug manufacturers, the administrator shall use the drug discounts to reduce prescription drug costs for cardholders.
(F) The director shall adopt rules in accordance with Chapter
119. of the Revised Code that do all of the following:
(1) Specify how a resident may apply to participate in any
one or more
prescription drug discount card programs;
(2) Provide for the administration of each program;
(3) Specify the circumstances under which the director may
require an administrator to modify its conduct of a program;
(4) Specify the duration of a contract;
(5) Specify whether an administrator may charge a fee for
a
card and whether an administrator is required to issue the
cards;
(6) Require that an administrator permit any pharmacy
willing
to comply with the administrator's terms and conditions
for
participation in the program's network to participate in any
network used by the administrator for its program;
(7) Prohibit an administrator from requiring a pharmacy or
drug manufacturer to
participate in the program's network as a
condition of
participation in another network operated by the
administrator;
(8) Permit an administrator to work with one or more drug manufacturers to obtain drug discounts;
(9) Permit an administrator to negotiate with one or more
drug manufacturers for discounts in drug prices or rebates;
(9)(10) Permit an administrator to receive any rebate payments
from drug manufacturers;
(10)(11) Require that an administrator create a financial
incentive program for participating pharmacies through which the
administrator shall distribute a portion of any rebate payments
from drug manufacturers received under division (F)(9)(10) of this
section.
(G) Not later than one month after the end of each
twelve-month period that one or more prescription drug discount
card programs are in
operation, each administrator shall collect
from each of its participating
pharmacies and provide to the
director of aging the information
required by section 173.071 of
the Revised Code.
Sec. 173.062. Records identifying the recipients of golden
buckeye cards issued under section 173.06 of the Revised Code or
prescription drug discount cards issued under section 173.061 of
the Revised Code are not public records subject to inspection or
copying under section 149.43 of the Revised Code and may be
disclosed only at the discretion of the director of aging. The
director may disclose only information in records identifying the
recipients of golden buckeye cards or prescription drug discount
cards that does not contain the recipient's medical history or
prescription drug utilization history.
Sec. 173.07. Not later than four months after the end of each
twelve-month period that one or more prescription drug discount
card programs
established under section 173.061 of the Revised
Code are in
operation, the director of aging shall issue a report
on the
operation of each program during that twelve-month period.
Sec. 173.071. Each report issued under section 173.07 of the
Revised Code shall be based on information received by the
director of aging from each administrator under division (G) of
section 173.061 of the Revised Code and specify all of the
following about each program:
(A) The number of prescription drug discount cardholders;
(B) The number of cardholders who used the card at least
once in the immediately preceding twelve-month period;
(C) The total cost savings to all cardholders generated by
the program;
(D) The average cost savings to a cardholder per
prescription;
(E) The source and method of cost savings under the program;
(F) The drugs that are discounted under the program listed
according to major drug category;
(G) The drugs for which rebates are offered under the program, listed according to major drug category;
(H) For each participating pharmacy, the number of times in
the twelve-month period that the pharmacy's customary and usual
price was lower than the price offered under the prescription drug
discount program;
(H)(I) The name of the program's administrator;
(I)(J) The length of the contract between the director and the
program's administrator;
(J)(K) The number of pharmacies participating in the program;
(K)(L) Other than the cost of prescription drugs, any fees paid
by cardholders to participate in the program;
(L)(M) Any costs incurred by the state to operate the program;
(M)(N) Any costs incurred by participating pharmacies to
participate in the program.
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 six dollars for each
bed maintained by the facility for use by a resident during any
part of the previous year:
(1) Nursing homes, residential care facilities, and homes
for the aging as defined in section 3721.01 of the Revised Code;
(2) Facilities authorized to provide extended care
services under Title XVIII of the "Social Security Act," 49 Stat.
620 (1935), 42 U.S.C. 301, as amended;
(3) County homes and district homes operated pursuant to
Chapter 5155. of the Revised Code;
(4) Adult care facilities as defined in section 3722.01 of
the Revised Code;
(5) Adult foster homes certified under section 173.36 of
the Revised Code;
(6) Facilities approved by the Veterans Administration
under Section 104(a) of the "Veterans Health Care Amendments of
1983," 97 Stat. 993, 38 U.S.C. 630, as amended, and used
exclusively for the placement and care of veterans.
The department shall, by rule adopted under section 111.15 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. 173.54. (A) Through the contract required under section
173.47 of the Revised Code, the department of aging shall provide for
customer satisfaction surveys for use in publishing the
Ohio long-term care consumer guide. The department shall
ensure that the customer satisfaction surveys are conducted as
follows:
(1) The surveys One survey shall be conducted annually each year. The survey shall alternate between a survey of nursing facility residents and a survey of families of nursing facility residents.
(2) The surveys shall consist of standardized, statistically valid and
reliable questionnaires
for nursing facility residents and or for families of nursing
facility residents. Each questionnaire shall be structured in a
manner that
produces statistically tested valid and reliable responses, as
specified in rules adopted by the department. Each
questionnaire shall ask the resident's age and gender. The
resident questionnaire shall ask who, if anyone, assisted the
resident in completing the questionnaire. The family
questionnaire shall ask the relationship of the person completing
the questionnaire to the resident.
(3) The resident survey shall be conducted in person, using a
standardized survey protocol developed by the department in consultation with
the long-term care consumer guide advisory council. The survey shall be
conducted in a
manner designed to preserve the resident's confidentiality as much
as possible.
(4) The family survey shall be conducted using anonymous
questionnaires distributed to families and returned to a person
other than the nursing facility, in accordance with a standardized survey
protocol
developed by the department in consultation with the long-term care consumer
guide advisory council.
(B) In addition to being used for the consumer guide, the
results of the surveys conducted under this section shall be provided to the
nursing facilities to
which they pertain. Each nursing facility in this state shall participate as
necessary for
successful completion of the surveys.
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 five 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 Am. Sub. H.B. 95 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. 306.35. Upon the creation of a regional transit
authority as provided by section 306.32 of the Revised Code, and
upon the qualifying of its board of trustees and the election of
a president and a vice-president, the authority shall exercise in
its own name all the rights, powers, and duties vested in and
conferred upon it by sections 306.30 to 306.53 of the Revised
Code. Subject to any reservations, limitations, and
qualifications that are set forth in those
sections, the regional transit authority:
(A) May sue or be sued in its corporate name;
(B) May make contracts in the exercise of the rights,
powers, and duties conferred upon it;
(C) May adopt and at will alter a seal and use such seal
by causing it to be impressed, affixed, reproduced, or otherwise
used, but failure to affix the seal shall not affect the validity
of any instrument;
(D)(1) May adopt, amend, and repeal bylaws for the
administration of its affairs and rules for the control of the
administration and operation of transit facilities under its
jurisdiction, and for the exercise of all of its rights of
ownership in those transit facilities;
(2) The regional transit authority also may adopt bylaws and rules for the following purposes:
(a) To prohibit selling, giving away, or using any beer or intoxicating liquor on transit vehicles or transit property;
(b) For the preservation of good order within or on transit vehicles or transit property;
(c) To provide for the protection and preservation of all property and life within or on transit vehicles or transit property;
(d) To regulate and enforce the collection of fares.
(3) Before a bylaw or rule adopted under division (D)(2) of this section takes effect, the regional transit authority shall provide for a notice of its adoption to be published once a week for two consecutive weeks in a newspaper of general circulation within the territorial boundaries of the regional transit authority.
(4) No person shall violate any bylaw or rule of a regional transit authority adopted under division (D)(2) of this section.
(E) May fix, alter, and collect fares, rates, and rentals
and other charges for the use of transit facilities under its
jurisdiction to be determined exclusively by it for the purpose
of providing for the payment of the expenses of the regional
transit authority, the acquisition, construction, improvement,
extension, repair, maintenance, and operation of transit
facilities under its jurisdiction, the payment of principal and
interest on its obligations, and to fulfill the terms of any
agreements made with purchasers or holders of any such
obligations, or with any person or political subdivision;
(F) Shall have jurisdiction, control, possession, and
supervision of all property, rights, easements, licenses, moneys,
contracts, accounts, liens, books, records, maps, or other
property rights and interests conveyed, delivered, transferred,
or assigned to it;
(G) May acquire, construct, improve, extend, repair,
lease, operate, maintain, or manage transit facilities within or
without its territorial boundaries, considered necessary to
accomplish the purposes of its organization and make charges for
the use of transit facilities;
(H) May levy and collect taxes as provided in sections
306.40 and 306.49 of the Revised Code;
(I) May issue bonds secured by its general credit as
provided in section 306.40 of the Revised Code;
(J) May hold, encumber, control, acquire by donation, by
purchase for cash or by installment payments, by lease-purchase
agreement, by lease with option to purchase, or by condemnation,
and may construct, own, lease as lessee or lessor, use, and sell,
real and personal property, or any interest or right in real
and personal property, within or without its territorial boundaries,
for
the location or
protection of transit facilities and improvements and access
to transit facilities and improvements, the relocation of
buildings, structures, and
improvements situated on lands acquired by the regional transit
authority, or for any other necessary purpose, or for obtaining
or storing materials to be used in constructing, maintaining, and
improving transit facilities under its jurisdiction;
(K) May exercise the power of eminent domain to acquire
property or any interest in property, within or without
its territorial boundaries, that is necessary or proper for the
construction or efficient operation of any transit facility or
access to any transit facility under its jurisdiction in
accordance with section
306.36 of the Revised Code;
(L) May provide by agreement with any county, including
the counties within its territorial boundaries, or any municipal
corporation or any combination of counties or municipal
corporations for the making of
necessary surveys, appraisals, and examinations preliminary to
the acquisition or construction of any transit facility and the
amount of the expense for the surveys, appraisals, and
examinations to be paid by each such county or municipal corporation;
(M) May provide by agreement with any county, including
the counties within its territorial boundaries, or any municipal
corporation or any combination of those counties or
municipal corporations for the acquisition,
construction, improvement, extension, maintenance, or operation
of any transit facility owned or to be owned and operated by it
or owned or to be owned and operated by any such county or
municipal corporation and the terms on which it shall be
acquired, leased, constructed, maintained, or operated, and the
amount of the cost and expense of the acquisition, lease,
construction, maintenance, or operation to be paid by each such county or
municipal corporation;
(N) May issue revenue bonds for the purpose of acquiring,
replacing, improving, extending, enlarging, or constructing any
facility or permanent improvement that it is authorized to
acquire, replace, improve, extend, enlarge, or construct,
including all costs in connection with and incidental to
the acquisition, replacement, improvement, extension, enlargement, or
construction, and their financing, as
provided by section
306.37 of the Revised Code;
(O) May enter into and supervise franchise agreements for
the operation of a transit system;
(P) May accept the assignment of and supervise an
existing franchise agreement for the operation of a transit
system;
(Q) May exercise a right to purchase a transit system in
accordance with the acquisition terms of an existing franchise
agreement; and in connection with the purchase the regional
transit authority may issue revenue bonds as provided by section
306.37 of the Revised Code or issue bonds secured by its general
credit as provided in section 306.40 of the Revised Code;
(R) May apply for and accept grants or loans from the
United States, the state, or any other public body for the purpose of
providing for the development or improvement of transit
facilities, mass transportation facilities, equipment,
techniques, methods, or services, and grants or loans needed to
exercise a right to purchase a transit system pursuant to
agreement with the owner of those transit facilities, or
for providing lawful financial assistance to existing transit
systems; and may provide any consideration that may be
required in order to obtain those grants or loans from the
United
States, the state, or other public body, either of which grants or loans
may be evidenced by the issuance of revenue bonds as provided by
section 306.37 of the Revised Code or general obligation bonds as
provided by section 306.40 of the Revised Code;
(S) May employ and fix the compensation of consulting
engineers, superintendents, managers, and such other engineering,
construction, accounting and financial experts, attorneys, and
other employees and agents necessary for the accomplishment of
its purposes;
(T) May procure insurance against loss to it by reason of
damages to its properties resulting from fire, theft, accident,
or other casualties or by reason of its liability for any damages
to persons or property occurring in the construction or operation
of transit facilities under its jurisdiction or the conduct of
its activities;
(U) May maintain funds that it considers
necessary for the efficient performance of its duties;
(V) May direct its agents or employees, when properly
identified in writing, after at least five days' written notice,
to enter upon lands within or without its territorial boundaries
in order to make surveys and examinations preliminary to the
location and construction of transit facilities, without
liability to it or its agents or employees except for actual
damage done;
(W) On its own motion, may request the
appropriate zoning
board, as defined in section 4563.03 of the Revised Code, to
establish and enforce zoning regulations pertaining to any
transit facility under its jurisdiction in the manner prescribed
by sections 4563.01 to 4563.21 of the Revised Code;
(X) If it acquires any existing transit system,
shall assume all the employer's obligations under any existing labor
contract between the employees and management of the system. If the
board acquires, constructs, controls, or operates
any such facilities, it shall negotiate arrangements to protect the
interests of employees affected by the acquisition,
construction, control, or operation. The arrangements
shall include, but are not limited to:
(1) The preservation of rights, privileges, and benefits
under existing collective bargaining agreements or otherwise, the
preservation of rights and benefits under any existing pension
plans covering prior service, and continued participation in
social security in addition to participation in the public
employees retirement system as required in Chapter 145. of the
Revised Code;
(2) The continuation of collective bargaining rights;
(3) The protection of individual employees against a
worsening of their positions with respect to their employment;
(4) Assurances of employment to employees of those transit
systems and priority reemployment of employees terminated or laid
off;
(5) Paid training or retraining programs;
(6) Signed written labor agreements.
The arrangements may include provisions for the
submission
of labor disputes to final and binding arbitration.
(Y) May provide for and maintain security operations, including a transit
police department, subject to section 306.352 of the Revised Code. Regional
transit authority police officers shall have the power and duty to act as
peace officers within transit facilities owned, operated, or leased by
the transit authority to protect the transit authority's property and the
person and property of passengers, to preserve the peace, and to enforce all
laws of the state and ordinances and regulations of political subdivisions in
which the transit authority operates. Regional transit authority police
officers also shall have the power and duty to act as peace
officers when they render emergency assistance outside their jurisdiction to
any other peace officer who is not a regional transit authority police officer
and who has arrest authority under section 2935.03 of the Revised
Code. Regional transit authority police officers may render
emergency assistance if there is a threat of imminent physical danger to the
peace officer, a threat of physical harm to another person,
or any other serious emergency situation and if either the
peace officer
who is assisted requests emergency assistance or it appears that the peace
officer who is assisted is unable
to request emergency assistance and the circumstances observed by the regional
transit authority police officer reasonably indicate that emergency assistance
is appropriate.
Before exercising powers of arrest and the other powers
and duties of a peace officer,
each regional transit authority police officer shall
take an oath and give bond to the state in a sum that the
board of trustees prescribes for the proper performance of the officer's
duties.
Persons employed as regional transit authority police
officers shall complete training for the position to
which they have been appointed as required by the Ohio peace officer training
commission as authorized in section 109.77 of the
Revised
Code, or be otherwise qualified. The cost of the training
shall be provided by the regional transit authority.
(Z) May procure a policy or policies insuring members of
its board of trustees against liability on account of damages or
injury to persons and property resulting from any act or omission
of a member in the member's official capacity as a member of
the board or resulting solely out of the member's membership
on the board;
(AA) May enter into any agreement for the sale and
leaseback or lease and leaseback of transit facilities, which
agreement may contain all necessary covenants for the security and protection
of any lessor or the regional transit authority including, but not limited to,
indemnification of the lessor against the loss of anticipated tax
benefits arising from acts, omissions, or misrepresentations of
the regional transit authority. In connection with
that transaction, the regional transit authority may contract for
insurance and letters of credit and pay any premiums or other
charges for the insurance and letters of credit. The
fiscal officer shall not be required to furnish any certificate under section
5705.41 of the Revised Code in connection with the execution of any such
agreement.
(BB) In regard to any contract entered into on or after
March 19, 1993, for the rendering of services or the supplying of materials or
for the construction, demolition, alteration, repair, or
reconstruction of transit facilities in which a bond is required
for the faithful performance of the contract, may permit the person
awarded the contract to utilize a letter of credit issued by a
bank or other financial institution in lieu of the bond;
(CC) May enter into agreements with municipal corporations
located within the territorial jurisdiction of the regional transit authority
permitting regional transit authority police officers employed under
division (Y) of this section to exercise full arrest powers, as
provided in section 2935.03 of the Revised Code, for the
purpose of preserving the peace and enforcing all laws of the state and
ordinances and regulations of the municipal corporation within
the areas that may be agreed to by the regional
transit authority and the municipal corporation.
Sec. 306.99. (A) No person shall violate any rule or regulation adopted pursuant
to division (N) of section 306.04 of the Revised Code and whoever violates
such
a rule or regulation shall be fined not more than one thousand dollars or
imprisoned not more than ninety days or both.
(B) Whoever violates division (D)(4) of section 306.35 of the Revised Code shall be fined not more than one hundred dollars on a first offense and not more than five hundred dollars on each subsequent offense.
Fines levied and collected for such violations shall be paid into the treasury of the regional transit authority. The regional transit authority may use such fine money for any purpose that is not inconsistent with sections 306.30 to 306.54 of the Revised Code.
Sec. 307.86. Anything to be purchased, leased, leased with
an option or agreement to purchase, or constructed, including,
but
not limited to, any product, structure, construction,
reconstruction, improvement, maintenance, repair, or service,
except the services of an accountant, architect, attorney at law,
physician, professional engineer, construction project manager,
consultant, surveyor, or appraiser, by or on behalf of the county
or contracting authority, as defined in section 307.92 of the
Revised Code, at a cost in excess of fifteen twenty-five thousand dollars,
except
as otherwise provided in division (D) of section 713.23 and
in
sections 125.04, 307.022, 307.041, 307.861, 339.05, 340.03,
340.033,
4115.31 to 4115.35, 5119.16, 5513.01, 5543.19, 5713.01,
and
6137.05 of the Revised Code, shall be obtained through
competitive bidding. However, competitive bidding is not
required
when any of the following applies:
(A) The board of county commissioners, by a unanimous vote
of its members, makes a determination that a real and present
emergency exists, and that determination and the
reasons for it
are entered in the minutes of the proceedings of the board, when
either of
the following applies:
(1) The estimated cost is less than fifty thousand
dollars.
(2) There is actual physical disaster to structures, radio
communications
equipment, or computers.
For purposes of this division, "unanimous vote" means all
three members of
a board of county commissioners when all three
members are present, or two
members of the board if only two
members, constituting a quorum, are present.
Whenever a contract of purchase, lease, or construction is
exempted from competitive bidding under division (A)(1) of this
section because the estimated cost is less than fifty thousand
dollars, but the estimated cost is fifteen twenty-five thousand dollars or
more,
the county or contracting authority shall solicit informal
estimates from no fewer than three persons who could perform the
contract, before awarding the contract. With regard to each such
contract, the county or contracting authority shall maintain a
record of such estimates, including the name of each person from
whom an estimate is solicited. The county or contracting
authority shall maintain the record for the longer
of at least one
year after
the contract is awarded or the amount of time the
federal government
requires.
(B)(1) The purchase consists of supplies or a replacement or
supplemental part or parts for a product or equipment owned or
leased by the county, and the only source of supply for the
supplies, part, or parts is limited to a single supplier.
(2) The purchase consists of services related to information technology, such as programming services, that are proprietary or limited to a single source.
(C) The purchase is from the federal government, the state,
another county or contracting authority of another county, or a
board of
education, township, or municipal corporation.
(D) Public The purchase is made by a county department of job and family services under section 329.04 of the Revised Code and consists of family services duties or workforce development
activities are purchased for provision by
the county department of
job and family services under
section 329.04 of
the Revised Code,
or is made by a county board of mental retardation and developmental disabilities under section 5126.05 of the Revised Code and consists of program services, such as direct and
ancillary client services,
child day-care, case management
services, residential services,
and family resource services, are
purchased for provision by a
county board of mental retardation
and developmental disabilities
under section 5126.05 of the
Revised Code.
(E) The purchase consists of
criminal justice services,
social services programs, family services,
or workforce
development activities by
the board of county commissioners from
nonprofit corporations or
associations under programs
funded
by
the
federal government
or by state grants.
(F) The purchase consists of any form of an insurance
policy
or contract authorized to be issued under Title XXXIX of
the
Revised Code or any form of health care plan
authorized to be
issued under Chapter 1751. of the Revised Code, or any
combination
of such policies,
contracts, or plans that the contracting
authority is authorized
to purchase, and the contracting authority
does all of the
following:
(1) Determines that compliance with the requirements of
this
section would increase, rather than decrease, the cost of
the
purchase;
(2) Employs a competent consultant to assist the
contracting
authority in procuring appropriate coverages at the
best and
lowest prices;
(3) Requests issuers of
the policies, contracts, or
plans
to submit proposals to the contracting authority, in a form
prescribed by the contracting authority, setting forth the
coverage and cost of
the policies, contracts, or plans as the
contracting authority desires to purchase;
(4) Negotiates with
the issuers for the purpose of
purchasing
the policies, contracts, or plans at the best and
lowest price reasonably possible.
(G) The purchase consists of computer hardware, software,
or
consulting services that are necessary to implement a
computerized
case management automation project administered by
the Ohio
prosecuting attorneys association and funded by a grant
from the
federal government.
(H) Child day-care services are purchased for provision to
county employees.
(I)(1) Property, including land, buildings, and other real
property, is leased for offices, storage, parking, or other
purposes, and all of the following apply:
(a) The contracting authority is authorized by the Revised
Code to lease the
property.
(b) The contracting authority develops requests for
proposals for leasing the property, specifying the criteria that
will be considered prior to leasing the property, including the
desired size and geographic location of the property.
(c) The contracting authority receives responses from
prospective lessors with property meeting the criteria specified
in the requests for proposals by giving notice in a manner
substantially similar to the procedures established for giving
notice under section 307.87 of the Revised Code.
(d) The contracting authority negotiates with the
prospective lessors to obtain a lease at the best and lowest
price
reasonably possible considering the fair market value of
the
property and any relocation and operational costs that may be
incurred
during the period the lease is in effect.
(2) The contracting authority may use the services of a
real
estate appraiser to obtain advice, consultations, or other
recommendations regarding the lease of property under this
division.
(J) The purchase is made pursuant to section 5139.34 or
sections
5139.41 to 5139.46 of the Revised Code and is of programs
or services that
provide case
management, treatment, or prevention
services to any felony or misdemeanant
delinquent, unruly youth,
or status offender under the supervision of the
juvenile court,
including, but not limited to, community
residential care, day
treatment, services to children in their home, or
electronic
monitoring.
(K) The purchase is made by a public children services
agency pursuant to
section 307.92 or 5153.16 of the Revised Code
and consists of
family services,
programs, or ancillary services
that provide case management, prevention, or
treatment services
for children at risk of being or alleged to be abused,
neglected,
or dependent children.
Any issuer of policies, contracts, or plans listed in
division (F) of this section and any prospective lessor under
division (I) of
this section may have the issuer's or prospective
lessor's
name and address, or the name and address
of an agent,
placed on a special
notification list to be kept by the
contracting authority, by
sending the contracting authority
that
name and address. The
contracting authority shall send
notice to
all persons listed on
the special notification list.
Notices shall
state the deadline
and place for submitting
proposals. The
contracting authority
shall mail the notices at
least six weeks
prior to the deadline
set by the contracting
authority for
submitting proposals.
Every five years the
contracting authority
may review this list
and remove any person
from the list after
mailing the person
notification of
that
action.
Any contracting authority that negotiates a contract under
division (F) of this section shall request proposals and
renegotiate with issuers in accordance with that division at
least
every three years from the date of the signing of such a
contract.
Any consultant employed pursuant to division (F) of this
section and any real estate appraiser employed pursuant to
division (I) of
this section shall disclose any fees or
compensation received from any
source in connection with that
employment.
Sec. 307.87. Where competitive bidding is required by
section 307.86 of the Revised Code, notice thereof shall be given
in the following manner:
(A) Notice shall be published once a week for not less
than two consecutive weeks preceding the day of the opening of
bids in a newspaper of general circulation within the county for
any purchase, lease, lease with option or agreement to purchase,
or construction contract in excess of ten twenty-five thousand dollars. The
contracting authority may also cause notice to be inserted in
trade papers or other publications designated by it or to be distributed by electronic means, including posting the notice on the contracting authority's internet site on the world wide web. If the contracting authority posts the notice on that location on the world wide web, it may eliminate the second notice otherwise required to be published in a newspaper of general circulation within the county, provided that the first notice published in such a newspaper meets all of the following requirements:
(1) It is published at least two weeks before the opening of bids.
(2) It includes a statement that the notice is posted on the contracting authority's internet site on the world wide web.
(3) It includes the internet address of the contracting authority's internet site on the world wide web.
(4) It includes instructions describing how the notice may be accessed on the contracting authority's internet site on the world wide web.
(B) Notices shall state all of the following:
(1) A general description of the subject of the proposed
contract and the time and place where the plans and
specifications or itemized list of supplies, facilities, or
equipment and estimated quantities can be obtained or examined;
(2) The time and place where bids will be opened;
(3) The time and place for filing bids;
(4) The terms of the proposed purchase;
(5) Conditions under which bids will be received;
(6) The existence of a system of preference, if any, for
products mined and produced in Ohio and the United States adopted
pursuant to section 307.90 of the Revised Code.
(B)(C) The contracting authority shall also maintain in a
public place in its office or other suitable public place a
bulletin board upon which it shall post and maintain a copy of
such notice for at least two weeks preceding the day of the
opening of the bids.
Sec. 307.93. (A) The boards of county commissioners of
two
or more adjacent counties may contract for the joint
establishment
of a multicounty correctional center, and the board
of county
commissioners of a county or the boards of two or more
counties
may contract with any municipal corporation or municipal
corporations located in that county or those counties for the
joint establishment of a municipal-county or
multicounty-municipal
correctional center. The center shall
augment county and, where
applicable, municipal jail programs and
facilities by providing
custody and rehabilitative programs for
those persons under the
charge of the sheriff of any of the
contracting counties or of the
officer or officers of the
contracting municipal corporation or
municipal corporations
having charge of persons incarcerated in
the municipal jail,
workhouse, or other correctional facility who,
in the opinion of
the sentencing court, need programs of custody
and rehabilitation
not available at the county or municipal jail
and by providing
custody and rehabilitative programs in accordance
with division
(C) of this section, if applicable. The contract
may include,
but need not be limited to, provisions regarding the
acquisition,
construction, maintenance, repair, termination of
operations, and
administration of the center. The contract shall
prescribe the
manner of funding of, and debt assumption for, the
center and the
standards and procedures to be followed in the
operation of the
center. Except as provided in division
(H) of
this section, the contracting counties and
municipal corporations
shall form a corrections commission to oversee the administration
of the center. Members of the commission shall consist of the
sheriff of each participating county, the president of the board
of county commissioners of each participating county, the
presiding judge of the court of common pleas of each
participating
county, or, if the court of common pleas of a
participating county
has only one judge, then that judge, the
chief of police of each
participating municipal corporation, the
mayor or city manager of
each participating municipal
corporation, and the presiding judge
or the sole judge of the
municipal court of each participating
municipal corporation. Any
of the foregoing officers may appoint
a designee to serve in the officer's
place on the corrections
commission. The standards and
procedures shall be formulated and
agreed to by the commission
and may be amended at any time during
the life of the contract by
agreement of the parties to the
contract upon the advice of the
commission. The standards and
procedures formulated by the
commission shall include, but need
not be limited to, designation
of the person in charge of the
center, the categories of
employees to be employed at the center,
the appointing authority
of the center, and the standards of
treatment and security to be
maintained at the center. The person
in charge of, and all
persons employed to work at, the center
shall have all the powers
of police officers that are necessary
for the proper
performance of the duties relating to their
positions at the center.
(B) Each board of county commissioners that enters a
contract under division (A) of this section may appoint a
building
commission pursuant to section 153.21 of the Revised
Code. If any
commissions are appointed, they shall function
jointly in the
construction of a multicounty or
multicounty-municipal
correctional center with all the powers and
duties authorized by
law.
(C) Prior to the acceptance for custody and rehabilitation
into
a center established under this section of any persons who
are designated by
the department of rehabilitation and correction,
who plead guilty to or are
convicted of a felony of the fourth or
fifth degree, and who satisfy the other
requirements listed in
section 5120.161 of the Revised Code, the corrections
commission
of a center established
under this section shall enter into an
agreement with the
department of rehabilitation and correction
under section
5120.161 of the Revised Code for the custody and
rehabilitation
in the center of persons who are designated by the
department,
who plead guilty to or are convicted of a felony of
the fourth or fifth
degree, and who satisfy the other requirements
listed in that section, in
exchange for a per diem fee per person.
Persons incarcerated in
the center pursuant to an agreement
entered into under this
division shall be subject to
supervision
and control in the manner described in section
5120.161 of the
Revised Code. This division does not affect the authority
of a
court to directly sentence a person who is convicted of or pleads
guilty
to a felony to the center in accordance with section
2929.16 of the Revised
Code.
(D)
Pursuant to section 2929.37 of the Revised Code,
each
board of county commissioners and the legislative
authority
of
each municipal corporation that enters into a
contract under
division (A) of this section may require a person
who was
convicted of an offense,
who is under the charge of the sheriff of
their county or of the
officer or officers of the contracting
municipal corporation or
municipal corporations having charge of
persons incarcerated in
the municipal jail, workhouse, or other
correctional facility,
and who is confined in the multicounty,
municipal-county,
or multicounty-municipal correctional center as
provided in that division, to
reimburse
the applicable county or
municipal corporation for its expenses
incurred by reason of the
person's confinement in the center.
(E) Notwithstanding any contrary provision in this
section
or
section 2929.18, 2929.21, 2929.36, or
2929.37 of
the Revised
Code, the corrections commission of
a
center may
establish a
policy
that complies with section 2929.38
of the Revised Code and
that requires any person who is not
indigent
and who is confined
in the multicounty, municipal-county,
or
multicounty-municipal
correctional center to pay a
reception fee, a fee
for
medical
treatment or service
requested by and provided to
that
person, or
the fee for a
random drug test assessed
under
division (E) of
section 341.26 of
the Revised Code.
(F)(1) The corrections commission of a center
established
under this section may establish a commissary for the
center. The
commissary may be established either in-house or by
another
arrangement. If a commissary is established, all persons
incarcerated in the center shall receive commissary
privileges. A
person's purchases from the commissary shall be
deducted from the
person's account record in the center's
business office. The
commissary shall provide for the
distribution to indigent persons
incarcerated in the center of
necessary hygiene articles and
writing materials.
(2) If a commissary is established, the corrections
commission of a center established under this section shall
establish a commissary fund for the center. The management of
funds in the commissary fund shall be strictly controlled in
accordance with procedures adopted by the auditor of state.
Commissary fund revenue over and above operating costs and
reserve
shall be considered profits. All profits from the
commissary fund
shall be used to purchase supplies and equipment
for the benefit
of persons incarcerated in the center
and to pay salary and
benefits for employees of the center, or for any other persons,
who work in or
are employed for the sole purpose of providing
service to the commissary. The
corrections commission
shall adopt rules and regulations for the
operation of any
commissary fund it establishes.
(G) In lieu of forming a corrections commission to
administer a
multicounty correctional center or a municipal-county
or
multicounty-municipal correctional center, the boards of county
commissioners
and the legislative authorities of the municipal
corporations contracting to
establish the center may also agree to
contract for the private operation and
management of the center as
provided in section 9.06 of the Revised Code, but
only if the
center houses only misdemeanant inmates. In order to enter into a
contract under section 9.06 of the Revised Code, all the boards
and
legislative authorities establishing the center shall approve
and be
parties to the contract.
(H) If a person who is convicted of or pleads guilty to
an
offense is
sentenced to a term in a multicounty correctional
center or a municipal-county
or multicounty-municipal correctional
center or is incarcerated in the center
in the manner described in
division (C) of this section, or if a
person who is arrested for
an offense, and who has been denied bail or has had
bail set and
has not been released on bail is confined in a multicounty
correctional center or a municipal-county or multicounty-municipal
correctional
center pending trial, at the time of reception and at
other times the
officer, officers, or other person in charge of
the operation of the center
determines to be appropriate, the
officer, officers, or other person in charge
of the operation of
the center may cause the convicted or accused offender to
be
examined and tested for tuberculosis, HIV infection, hepatitis,
including but not limited to hepatitis A, B, and C, and other
contagious diseases. The officer, officers, or other person in
charge of the
operation of the center may cause a convicted or
accused offender in the
center who refuses to be tested or treated
for tuberculosis, HIV
infection, hepatitis, including but not
limited to hepatitis A, B, and C,
or another contagious disease to
be tested and treated
involuntarily.
(I) As used in this section, "multicounty-municipal"
means
more than one county and a municipal corporation, or more
than
one
municipal corporation and a county, or more than one
municipal
corporation and more than one county.
Sec. 307.98. Each board Boards of county
commissioners shall may enter into a one or more written partnership agreement fiscal agreements with the
director of job and family services in accordance with
section 5101.21 of the Revised
Code. Prior to
entering into or substantially amending the agreement, the board shall conduct
a public hearing and
consult with the county family services planning committee
established under section 329.06 of the Revised Code. Through the hearing and
consultation, the board shall obtain comments and
recommendations concerning what would be the county's
obligations and responsibilities under the agreement or amendment.
As evidence that the board consulted with the county
family services
planning committee, the committee's chair shall sign a letter confirming that
the consultation occurred, which shall be attached to the partnership
agreement and any substantial amendments to the agreement. If a board enters into a fiscal agreement, the board shall enter into the agreement on behalf of the county family services agencies, other than a county family services agency that is a county signer as defined in section 5101.21 of the Revised Code.
Sec. 307.981. (A)(1) As
used in the
Revised Code:
(a) "County family services
agency" means all of the
following:
(i) A child support enforcement agency;
(ii) A county department of job and
family services;
(iii) A public children services agency.
(b) "Family services duty"
means a duty state law requires
or allows a county family services agency to
assume, including financial and general administrative duties. "Family services duty" does not include a duty funded by the United States department of labor.
(2) As used in sections
307.981 to 307.989 of the Revised Code, "private entity"
means an entity other than a government entity.
(B) To the extent permitted by federal law, including, when applicable, subpart
F of 5 C.F.R. part 900, and
subject to any limitations established by the Revised
Code, including division (H) of this section,
a board of
county commissioners may designate any private or government
entity within this state to serve as any of the following:
(1) A child support enforcement agency;
(2) A county
department of job and family services;
(3) A public children services agency;
(4) A county department of job and family services and one other of
those county family services
agencies;
(5) All three of
those county family services agencies;
(6) A workforce development agency;
(7) A workforce development agency and a county department of job and
family services;
(8) A workforce development agency and a county department of job and
family services and one or two of the other county family services agencies.
(C) A To the extent permitted by federal law, including, when applicable, subpart F of 5 C.F.R. part 900, and subject to any limitations of the Revised Code, including division (H) of this section, a board of county commissioners may change
the
designation it makes under division (B) of this section by
designating another private or government entity.
(D) If the director of job and family services determines that a
designation under division (B) or (C) of this section
constitutes
a substantial change from what is the designation in the current partnership a fiscal agreement between
the director of job and family services and the board of county commissioners under
section 5101.21 of the Revised Code, the director may
require that the director and board amend the partnership fiscal agreement and that
the board provide the director written assurances that the
newly designated private or government entity will meet or exceed
all requirements of the family services duties or workforce
development activities the entity is to assume.
(E) Not
less than sixty days before a board of county commissioners designates
an entity
under division (B) or (C) of this section, the board
shall notify the director
of job and family services and publish notice in a
newspaper of general
circulation in the county of the board's intention to make the
designation and reasons for the designation.
(F) A board of county commissioners shall enter into a written
contract with each entity it designates under division (B) or
(C) of this section
specifying the entity's responsibilities and standards the
entity is required to meet.
(G) This section does not require a board of county
commissioners to abolish the child support enforcement agency,
county department of job and family services, or public
children services
agency serving the county on
October 1, 1997, and designate a different private or
government entity to serve
as the county's child support enforcement agency, county
department of job and family services, or public children
services
agency.
(H) If a county children
services board appointed under section 5153.03 of the
Revised
Code serves as a public
children services agency for a county, the board of county
commissioners may not redesignate the public children services
agency unless the board of county commissioners does all of the
following:
(1) Notifies the county children services board of its
intent to redesignate the public children services agency. In its
notification, the board of county commissioners shall provide the county
children services board a written explanation of the administrative, fiscal,
or performance considerations causing the board of county commissioners to
seek to redesignate the public children services agency.
(2) Provides the county children services board an opportunity to
comment on the proposed redesignation before the redesignation
occurs;
(3) If the county children services board, not more than
sixty days after receiving the notice under division
(H)(1) of this section,
notifies the board of county commissioners that the county
children services board has voted to oppose the redesignation,
votes unanimously to proceed with the redesignation.
Sec. 307.987. To the extent
federal statutes and regulations and
state law permit, a partnership agreement
entered into under
section 307.98, a contract
entered into under section 307.981 or 307.982,
a plan of cooperation entered into under section 307.983, a regional plan
of cooperation entered into under section 307.984, a
transportation
work plan developed under section 307.985, and
procedures established under
section 307.986 of the Revised Code shall permit the
exchange of information needed to improve services and assistance to
individuals and families and the protection of children. A private or
government entity that receives information pursuant to an agreement, a
contract, plan, or procedures is bound by the same standards of
confidentiality as the
entity that provides the information.
An agreement, A contract, plan, or procedures
shall:
(A) Be coordinated and not conflict with another
agreement, contract, plan, or procedures or an agreement entered into under
section 329.05
of the Revised Code;
(B) Prohibit discrimination in hiring and promotion
against applicants for and participants of the
Ohio works first
program established under
Chapter 5107. of the Revised Code and the prevention, retention, and
contingency
program established under Chapter 5108. of the Revised Code;
(C) Comply with federal statutes and regulations and
state law;
(D) Be adopted by resolution of a board of county
commissioners;
(E) Specify how the agreement, contract, plan, or procedures may
be amended.
Sec. 311.17.
For
the services specified in this
section,
the sheriff shall
charge the following
fees, which the court or
its clerk
thereof shall tax in the bill
of costs against the judgment
debtor or those legally liable
therefor
for the judgment:
(A) For the service and return of the following writs and
orders:
(a) When money is paid without levy or when no property
is
found, five twenty dollars;
(b) When levy is made on real property, for the first
tract, twenty twenty-five dollars, and for each additional tract, five
ten dollars;
(c) When levy is made on goods and chattels, including
inventory, twenty-five fifty dollars;.
(2) Writ of attachment of property, except for purpose of
garnishment, twenty forty dollars;
(3) Writ of attachment for the purpose of garnishment,
five ten dollars;
(4) Writ of replevin, twenty forty dollars;
(5) Warrant to arrest, for each person named in the writ,
five ten dollars;
(6) Attachment for contempt, for each person named in the
writ, three six dollars;
(7) Writ of possession or restitution, twenty sixty dollars;
(8) Subpoena, for each person named in the writ, if in either a
civil or criminal case three, six dollars, if in a criminal case one dollar;
(9) Venire, for each person named in the writ, if in either a
civil or criminal case three, six dollars, if in a criminal case one dollar;
(10) Summoning each juror, other than on venire, if in either a
civil or criminal case three, six dollars, if in a criminal case one dollar;
(11) Writ of partition, fifteen twenty-five dollars;
(12) Order of sale on partition, for the first tract,
twenty-five fifty dollars, and for each additional tract, five
twenty-five dollars;
(13) Other order of sale of real property, for the first
tract, twenty fifty dollars, and for each additional tract, five
twenty-five dollars;
(14) Administering oath to appraisers, one dollar and
fifty cents three dollars each;
(15) Furnishing copies for advertisements, fifty cents
one dollar for
each hundred words;
(16) Copy of indictment, for each defendant, two five dollars;
(17) All summons, writs, orders, or notices, for the
first
name, three six dollars, and for each additional name, fifty
cents one dollar.
(B) In addition to the fee for service and return, the
sheriff may charge:
(1) On each summons, writ, order, or notice, a fee of
fifty cents one dollar per mile for the first mile, and twenty fifty cents per
mile
for each additional mile, going and returning, actual
mileage to
be charged on each additional name;
(2) Taking bail bond, one dollar three dollars;
(3) Jail fees, as follows:
(a) For receiving a prisoner, four five dollars
each time a
prisoner is received, and for
discharging or surrendering a
prisoner, four five dollars;
each time a prisoner is discharged or
surrendered. The departure or return of a prisoner from or to a
jail in connection with a program established under section
5147.28 of the Revised Code is not a receipt, discharge, or
surrender of the prisoner for purposes of this division.
(b) Taking a prisoner before a judge or court, per day,
three five dollars;
(c) Calling action, fifty cents one dollar;
(d) Calling jury, one dollar three dollars;
(e) Calling each witness, one dollar three dollars;
(f) Bringing prisoner before court on habeas corpus, four six
dollars;.
(4) Poundage on all moneys actually made and paid to the
sheriff on execution, decree, or sale of real estate, one and one-half per
cent;
(5) Making and executing a deed of land sold on
execution,
decree, or order of the court, to be paid by the
purchaser,
twenty-five fifty dollars.
When any of the
foregoing services
described in division
(A) or (B) of this section are rendered by an
officer or employee,
whose salary or per diem compensation is
paid by the county, the
applicable legal fees
and any other extraordinary expenses,
including overtime, provided for
such
the service
in
this section
shall be taxed in the costs in the case, and, when
such fees are
collected
they, shall be paid into the general fund
of the county.
The sheriff shall charge the same fees for the execution
of
process issued in any other state as
he
the sheriff charges for
the execution
of process of a substantively similar nature that is
issued in
this state.
Sec. 317.32. The county recorder shall
charge and collect
the following fees, to include base fees for the recorder's services and housing trust fund fees, collected pursuant to section 317.36 of the Revised Code:
(A) For recording and indexing an instrument when the
photocopy or any similar process is employed, a base fee of fourteen dollars
for
the first two pages and a housing trust fund fee of fourteen dollars, and a base fee of four dollars and a housing trust fund fee of four dollars for each subsequent
page,
size eight and one-half inches by fourteen inches, or
fraction of
a page, including the caption page, of such
instrument;
(B) For certifying a photocopy from the record previously
recorded, a base fee of one dollar and a housing trust fund fee of one dollar per page, size eight and one-half inches by
fourteen inches, or fraction of a page; for each certification
where the recorder's seal is required, except as to instruments
issued by the armed forces of the United States, a base fee of fifty cents and a housing trust fund fee of fifty cents;
(C) For manual or typewritten recording of assignment or
satisfaction of mortgage or lease or any other marginal entry, a base fee of
four dollars and a housing trust fund fee of four dollars;
(D) For entering any marginal reference by separate
recorded
instrument, a base fee of two dollars and a housing trust fund fee of two dollars for each marginal reference set
out in
that instrument, in addition to the recording fee fees set
forth in
division (A) of this section;
(E) For indexing in the real estate mortgage records,
pursuant to
section
1309.519 of
the
Revised Code,
financing
statements covering crops growing or to be
grown,
timber to be
cut, minerals or the like, including oil and
gas,
accounts subject
to
section
1309.301
of the
Revised Code, or fixture filings made
pursuant to section
1309.334
of the Revised Code, a base fee of two dollars and a housing trust fund fee of two dollars for
each name
indexed;
(F) For recording manually any plat not exceeding six
lines, a base fee of
two dollars and a housing trust fund fee of two dollars, and for each additional line, a base fee of ten cents and a housing trust fund fee of ten cents;
(G) For filing zoning resolutions, including text and
maps,
in the office of the recorder as required under sections
303.11
and 519.11 of the Revised Code, a base fee of fifty dollars and a housing trust fund fee of fifty dollars, regardless
of the
size or length of the resolutions;
(H) For filing zoning amendments, including text and maps,
in the office of the recorder as required under sections 303.12
and 519.12 of the Revised Code, a base fee of ten dollars and a housing trust fund fee of ten dollars for the first page
and a base fee of
four dollars and a housing trust fund fee of four dollars for each additional page;
(I) For photocopying a document, other than at the time of
recording and indexing as provided for in division (A) of this
section, a base fee of one dollar and a housing trust fund fee of one dollar per page, size eight and one-half inches by
fourteen inches, or fraction thereof;
(J) For local facsimile transmission of a document, a base fee of one
dollar and a housing trust fund fee of one dollar per page, size eight and one-half inches by fourteen
inches, or fraction thereof; for long distance facsimile
transmission of a document, a base fee of two dollars and a housing trust fund fee of two dollars per page, size eight and
one-half inches by fourteen inches, or fraction thereof;
(K) For recording a declaration executed pursuant to section
2133.02 of the Revised
Code or a durable power of attorney for
health
care executed pursuant to section 1337.12 of the
Revised
Code,
or both a declaration and a durable power of attorney for
health care, a base fee of at
least fourteen dollars but not more than twenty
dollars and a housing trust fund fee of at least fourteen dollars but not more than twenty dollars.
In any county in which the recorder employs the photostatic
or any similar process for recording maps, plats, or prints the
recorder
shall determine, charge, and collect for the recording or
rerecording of any map, plat, or print, a base fee of five cents and a housing trust fund fee of five cents per
square inch, for each square inch of the map, plat, or print
filed
for that recording or rerecording, with a minimum base fee of
twenty
dollars and a minimum housing trust fund fee of twenty dollars; for certifying a copy from the record, a base fee of
two cents
and a housing trust fund fee of two cents per square inch of the record, with a minimum base fee of
two dollars and a minimum housing trust fund fee of two dollars.
The fees provided in this section shall be paid upon the
presentation of the instruments for record or upon the
application
for any certified copy of the record, except
that the payment of
fees
associated with the filing and recording of, or the copying
of,
notices of internal revenue tax liens and notices of other
liens
in favor of the United States as described in division (A)
of
section 317.09 of the Revised Code and certificates of
discharge
or release of those liens, shall be
governed by section
317.09 of the Revised Code, and the payment of
fees for
providing
copies of instruments conveying or extinguishing agricultural
easements to the office of farmland preservation in the department of agriculture under division
(G)(H) 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 to be paid to the treasurer of state pursuant to section 319.63 of the Revised Code.
Sec. 319.63. (A) During the first thirty days of each calendar quarter, the county auditor shall pay to the treasurer of state all amounts that the county recorder collected as housing trust fund fees pursuant to section 317.36 of the Revised Code during the previous calendar quarter. If payment is made to the treasurer of state within the first thirty days of the quarter, the county auditor may retain an administrative fee of one per cent of the amount of the trust fund fees collected during the previous calendar quarter.
(B) The treasurer of state shall deposit the first fifty million dollars of housing trust fund fees received each year pursuant to this section into the low- and moderate-income housing trust fund, created under section 175.21 of the Revised Code, and shall deposit any amounts received each year in excess of fifty million dollars into the state general revenue fund.
(C) The county auditor shall deposit the administrative fee that the auditor is permitted to retain pursuant to division (A) of this section into the county general fund for the county recorder to use in administering the trust fund fee.
Sec. 321.24. (A) On or before the fifteenth day of
February, in each year, the county treasurer shall settle with
the
county auditor for all taxes and assessments that the
treasurer
has
collected on the general duplicate of real and public utility
property at the time of making the settlement.
(B) On or before the thirtieth day of June, in each year,
the treasurer shall settle with the auditor for all advance
payments of general personal and classified property taxes that
the treasurer has received at the time of making the
settlement.
(C) On or before the tenth day of August, in each year,
the
treasurer shall settle with the auditor for all taxes and
assessments that the treasurer has collected on the general
duplicates of
real and public utility property at the time of
making such
settlement, not included in the preceding February
settlement.
(D) On or before the thirty-first day of October, in each
year, the treasurer shall settle with the auditor for all taxes
that the treasurer has collected on the general personal and
classified
property duplicates, and for all advance payments of
general
personal and classified property taxes, not included in
the
preceding June settlement, that the treasurer has received at
the time of
making such settlement.
(E) In the event the time for the payment of taxes is
extended, pursuant to section 323.17 of the Revised Code, the
date
on or before which settlement for the taxes so extended must
be
made, as herein prescribed, shall be deemed to be extended for
a
like period of time. At each such settlement, the auditor
shall
allow to the treasurer, on the moneys received or collected
and
accounted for by the treasurer, the
treasurer's fees, at the
rate or percentage
allowed by law, at a full settlement of the
treasurer.
(F) Within thirty days after the day of each settlement of
taxes required under divisions (A) and (C) of this section, the
treasurer shall certify to the tax commissioner any adjustments
which have been made to the amount certified previously pursuant
to section 319.302 of the Revised Code and that the settlement
has
been completed. Upon receipt of such certification, the
commissioner shall provide for payment to the county treasurer
from the general revenue fund of an amount equal to one-half of
the amount certified by the treasurer in the preceding tax year
under section 319.302 of the Revised Code, less one-half of the amount computed for all taxing districts in that county for the current fiscal year under section 5703.80 of the Revised Code for crediting to the property tax administration fund. Such payment shall be
credited upon receipt to the county's undivided income tax fund,
and the county auditor shall transfer to the county general fund
from the amount thereof the total amount of all fees and charges
which the auditor and treasurer would have been authorized to
receive had such section not been in effect and that
amount had
been levied and collected as taxes. The county auditor shall
distribute the amount remaining among the various taxing
districts
in the county as if it had been levied, collected, and
settled as
real property taxes. The amount distributed to each taxing district shall be reduced by the total of the amounts computed for the district under divisions (A), (B), and (C) of section 5703.80 of the Revised Code, but the reduction shall not exceed the amount that otherwise would be distributed to the taxing district under this division. The tax commissioner shall make available to taxing districts such information as is sufficient for a taxing district to be able to determine the amount of the reduction in its distribution under this section.
(G)(1) Within thirty days after the day of the settlement
required in division (D) of this section, the county treasurer shall
certify to notify the tax commissioner that the settlement has been
completed. Upon receipt of that certification notification, the commissioner
shall provide for payment to the county treasurer from the
general
revenue fund of an amount equal to the amount certified under former section
319.311 of the
Revised Code in the current year and paid in the state's fiscal year 2003 multiplied by the percentage specified in division (G)(2) of this section. The payment
shall be credited
upon receipt to the county's undivided income
tax fund, and the
county auditor shall distribute the amount
thereof among the
various taxing districts of the county as if it
had been levied,
collected, and settled as personal property
taxes. The amount
received by a taxing district under this
division shall be
apportioned among its funds in the same
proportion as the current
year's personal property taxes are
apportioned.
(2) Payments required under division (G)(1) of this section shall be made at the following percentages of the amount certified under former section 319.311 of the Revised Code and paid under division (G)(1) of this section in the state's fiscal year 2003:
(a) In fiscal year 2004, ninety per cent;
(b) In fiscal year 2005, eighty per cent;
(c) In fiscal year 2006, seventy per cent;
(d) In fiscal year 2007, sixty per cent;
(e) In fiscal year 2008, fifty per cent;
(f) In fiscal year 2009, forty per cent;
(g) In fiscal year 2010, thirty per cent;
(h) In fiscal year 2011, twenty per cent;
(i) In fiscal year 2012, ten per cent.
After fiscal year 2012, no payments shall be made under division (G)(1) of this section.
(H)(1) On or before the fifteenth day of April each
year,
the county treasurer shall settle with the county auditor for all
manufactured home taxes that the county treasurer has
collected on
the
manufactured home tax duplicate at the time of making the
settlement.
(2) On or before the fifteenth day of September each year,
the
county treasurer shall settle with the county auditor for all
remaining manufactured home taxes that the county
treasurer has
collected on the manufactured home tax duplicate at
the time of
making the settlement.
(3) If the time for payment of such taxes is extended under
section 4503.06 of the Revised Code, the time for making the
settlement as prescribed by divisions (H)(1) and (2) of this
section is extended for a like period of time.
Sec. 323.01. Except as otherwise provided, as used in
Chapter 323. of the Revised Code:
(A) "Subdivision" means any county, township, school
district, or municipal
corporation.
(B) "Municipal corporation" includes charter
municipalities.
(C) "Taxes" means the total amount of all charges against
an entry appearing on a tax list and the duplicate thereof that
was prepared and certified in accordance with section 319.28 of
the Revised Code, including taxes levied against real estate;
taxes on property whose value is certified pursuant to section
5727.23 of the Revised Code; recoupment charges applied pursuant
to section 5713.35 of the Revised Code; all assessments;
penalties and interest charged pursuant to section 323.121 of the
Revised Code; charges added pursuant to section 319.35 of the
Revised Code; and all of such charges which remain unpaid from
any previous tax year.
(D) "Current taxes" means all taxes charged against an
entry on the general tax list and duplicate of real and public
utility property that have not appeared on such list and
duplicate for any prior tax year and any penalty thereon charged
by division (A) of section 323.121 of the Revised Code. Current
taxes, whether or not they have been certified delinquent, become
delinquent taxes if they remain unpaid after the last day
prescribed for payment of the second installment of current taxes
without penalty.
(E) "Delinquent taxes" means:
(1) Any taxes charged against an entry on the general tax
list and duplicate of real and public utility property that were
charged against an entry on such list and duplicate for a prior
tax year and any penalties and interest charged against such
taxes.
(2) Any current taxes charged on the general tax list and
duplicate of real and public utility property that remain unpaid
after the last day prescribed for payment of the second
installment of such taxes without penalty, whether or not they
have been certified delinquent, and any penalties and interest
charged against such taxes.
(F) "Current tax year" means, with respect to particular
taxes, the calendar year in which the first installment of taxes
is due prior to any extension granted under section 323.17 of the
Revised Code.
(G) "Liquidated claim" means:
(1) Any sum of money due and payable, upon a written
contractual obligation executed between the subdivision and the
taxpayer, but excluding any amount due on general and special
assessment bonds and notes;
(2) Any sum of money due and payable, for
disability financial assistance or disability medical assistance provided under Chapter
5115. of the Revised Code that is furnished to or in behalf of
a subdivision, provided that such claim is recognized by a
resolution or ordinance of the legislative body of such
subdivision;
(3) Any sum of money advanced and paid to or received and
used by a subdivision, pursuant to a resolution or ordinance of
such subdivision or its predecessor in interest, and the moral
obligation to repay which sum, when in funds, shall be recognized
by resolution or ordinance by the subdivision.
Sec. 323.13. Except as provided in section 323.134 of the
Revised Code, immediately upon receipt of any tax duplicate from
the county auditor, but not less than twenty days prior to the
last date on which the first one-half taxes may be paid without
penalty as prescribed in section 323.12 or 323.17 of the Revised
Code, the county treasurer shall cause to be prepared and mailed
or delivered to each person charged on such duplicate with taxes
or to an agent designated by such person, the tax bill prescribed
by the commissioner of tax equalization under section 323.131 of
the Revised Code. When taxes are paid by installments, the
county treasurer shall mail or deliver to each person charged on
such duplicate or the agent designated by such person, a second
tax bill showing the amount due at the time of the second tax
collection. The second half tax bill shall be mailed or
delivered at least twenty days prior to the close of the second
half tax collection period.
After delivery of the delinquent land duplicate as
prescribed in section 5721.011 of the Revised Code, the county
treasurer may prepare and mail to each person in whose name
property therein is listed an additional tax bill showing the
total amount of delinquent taxes appearing on such duplicate
against such property. The tax bill shall include a notice that
the interest charge prescribed by division (B) of section 323.121
of the Revised Code has begun to accrue.
A change in the mailing address of any tax bill shall be
made in writing to the county treasurer.
Upon certification by the county auditor of the
apportionment of taxes following the transfer of a part of a
tract or lot of real estate, and upon request by the owner of any
transferred or remaining part of such tract or parcel, the
treasurer shall cause to be prepared and mailed or delivered to
such owner a tax bill for the taxes allocated to his the
owner's part,
together with the penalties, interest, and other charges.
Failure to receive any bill required by this section does
not excuse failure or delay to pay any taxes shown on such bill
or, except as provided in division (A)(B)(1) of section 5715.39 of the
Revised Code, avoid any penalty, interest, or charge for such
delay.
Sec. 325.31. (A) On the first business day of each month,
and at the end of the officer's term of office, each officer
named in section 325.27 of the Revised Code shall pay into the county
treasury, to the credit of the general county fund, on the
warrant of the county auditor, all fees, costs, penalties,
percentages, allowances, and perquisites collected by the
officer's office during the preceding month or part thereof for official
services, except the fees allowed the county auditor by division (B) of
section 319.54 of the Revised Code, which shall be paid into the
county treasury to the credit of the real estate assessment fund
hereby created.
(B) Moneys to the credit of the real estate assessment
fund may be expended, upon appropriation by the board of county
commissioners, for the purpose of defraying the one or more of the following:
(1) The cost
incurred by the county auditor in assessing real estate pursuant
to Chapter 5713. of the Revised Code and manufactured and mobile homes
pursuant to Chapter 4503. of the Revised Code, and, at;
(2) At the county
auditor's
discretion, costs and expenses incurred by the county auditor in preparing the list of real and public utility property, in administering laws related to the taxation of real property and the levying of special assessments on real property, including administering reductions under Chapters 319. and 323. and section 4503.065 of the Revised Code, and to support assessments of real property in any administrative or judicial proceeding;
(3) At the county auditor's discretion, the expenses incurred by the county board of revision under
Chapter 5715. of the Revised Code. Any;
(4) At the county auditor's discretion, the expenses incurred by the county auditor for geographic information systems, mapping programs, and technological advances in those or similar systems or programs;
(5) At the county auditor's discretion, expenses incurred by the county auditor in compiling the general tax list of tangible personal property and administering tangible personal property taxes under Chapters 5711. and 5719. of the Revised Code;
(6) At the county auditor's discretion, costs, expenses, and fees incurred by the county auditor in the administration of estate taxes under Chapter 5731. of the Revised Code.
Any expenditures made from
the real estate assessment fund shall comply with rules that the
tax commissioner adopts under division (O) of section 5703.05 of
the Revised Code. Those rules shall include a requirement that a
copy of any appraisal plans, progress of work reports, contracts,
or other documents required to be filed with the tax commissioner
shall be filed also with the board of county commissioners.
The board of county commissioners shall not transfer moneys
required to be deposited in the real estate assessment fund to
any other fund. Following an assessment of real property
pursuant to Chapter 5713. of the Revised Code, or an assessment of a
manufactured or mobile home pursuant to Chapter 4503.
of the Revised Code, any moneys not
expended for the purpose of defraying the cost incurred in
assessing real estate or manufactured or mobile homes or for the
purpose of defraying the expenses of the
county board of revision described in divisions (B)(2), (3), (4), (5), and (6) of this section, and thereby remaining to the credit of the
real estate assessment fund, shall be apportioned ratably and
distributed to those taxing authorities that contributed
to the fund. However, no such distribution shall be made if the amount
of such unexpended moneys remaining to the credit of the real
estate assessment fund does not exceed five thousand dollars.
(C) None of the officers named in section 325.27 of the
Revised Code shall collect any fees from the county. Each of
such officers shall, at the end of each calendar year, make and
file a sworn statement with the board of county commissioners of
all such fees, costs, penalties, percentages, allowances, and
perquisites which have been due in the officer's office and
unpaid for more than one year prior to the date such statement is required to
be made.
Sec. 329.03. (A) As used in this section:
(1) "Applicant" or "recipient" means an applicant for or
participant in
the Ohio works first program established under
Chapter 5107. of the
Revised Code or an applicant for or recipient of disability financial assistance
under Chapter 5115. of the Revised Code.
(2) "Voluntary direct deposit" means a system established
pursuant to this section under which cash assistance payments to
recipients who agree to direct deposit are made by direct deposit
by electronic transfer to an account in a financial institution
designated under this section.
(3) "Mandatory direct deposit" means a system established
pursuant to this section under which cash assistance payments to all
participants in
the Ohio works first program or recipients of
disability financial assistance, other
than those exempt under division (E) of this section, are made by
direct deposit by electronic transfer to an account in a
financial institution designated under this section.
(B) A board of county commissioners may by adoption of a
resolution require the county department of job and family
services to
establish a direct deposit system for distributing cash assistance
payments under Ohio works first,
disability financial assistance, or both, unless the director of job and
family services has
provided
for those payments to be made by electronic benefit transfer pursuant to
section 5101.33 of the Revised Code.
Voluntary or mandatory direct deposit may be applied to either of
the programs. The
resolution shall specify for each program for which direct
deposit is to be established whether direct deposit is voluntary
or mandatory. The board may require the department to change or
terminate direct deposit by adopting a resolution to change or
terminate it. Within ninety days after adopting a resolution
under this division, the board shall certify one copy of the
resolution to the director of job and family
services and one copy
to the office of budget and management. The
director of
job and family services may adopt rules governing
establishment of direct
deposit by county departments of job and family services.
The county department of job and family services shall
determine
what type of account will be used for direct deposit and
negotiate with financial institutions to determine the charges,
if any, to be imposed by a financial institution for establishing
and maintaining such accounts. Under voluntary direct deposit,
the county department of job and family services may pay
all charges
imposed by a financial institution for establishing and
maintaining an account in which direct deposits are made for a
recipient. Under mandatory direct deposit, the county department
of job and family services shall pay all charges imposed
by a financial
institution for establishing and maintaining such an account. No
financial institution shall impose any charge for such an account
that the institution does not impose on its other customers for
the same type of account. Direct deposit does not affect the
exemption of Ohio works first and
disability financial assistance from attachment, garnishment, or other like
process afforded by sections 5107.75 and 5115.07 5115.06 of
the Revised Code.
(C) The county department of job and family services
shall, within
sixty days after a resolution requiring the establishment of
direct deposit is adopted, establish procedures governing direct
deposit.
Within one hundred eighty days after the resolution is
adopted, the county department shall:
(1) Inform each applicant or recipient of the procedures
governing direct deposit, including in the case of voluntary
direct deposit those that prescribe the conditions under which a
recipient may change from one method of payment to another;
(2) Obtain from each applicant or recipient an
authorization form to designate a financial
institution
equipped for and authorized by law to accept direct deposits by
electronic transfer and the account into which the applicant or
recipient wishes the
payments to be made, or in the case of voluntary direct deposit
states the applicant's or recipient's election to receive such
payments in the form of a
paper warrant.
The department may require a recipient to complete a new
authorization form whenever the department considers it
necessary.
A recipient's designation of a financial institution and
account shall remain in effect until withdrawn in writing or
dishonored by the financial institution, except that no change
may be made in the authorization form until the next eligibility
redetermination of the recipient unless the department feels that
good grounds exist for an earlier change.
(D) An applicant or recipient without an account who
either agrees or is required to receive payments by direct
deposit shall have ten days after receiving the authorization
form to designate an account suitable for direct deposit. If
within the required time the applicant or recipient does not make
the designation or
requests that the department make the designation, the
department
shall designate a financial institution and help the recipient to
open an account.
(E) At the time of giving an applicant or recipient the
authorization form, the
county department of job and family services of a county
with mandatory
direct deposit shall inform each applicant or recipient of the
basis for exemption and the right to request exemption from
direct deposit.
Under mandatory direct deposit, an applicant or recipient
who wishes to receive payments in the form of a paper warrant
shall record on the authorization form a request for exemption
under this division and the basis for the exemption.
The department shall exempt from mandatory direct deposit
any recipient who requests exemption and is any of the following:
(3) Likely, in the judgment of the department, to be
caused personal hardship by direct deposit.
A recipient granted an exemption under this division shall
receive payments for which the recipient is eligible in the form of
paper warrants.
(F) The county department of job and family services
shall bear the
full cost of the amount of any replacement warrant issued to a
recipient for whom an authorization form as provided in this
section has not been obtained within one hundred eighty days
after the later of the date the board of county commissioners
adopts a resolution requiring payments of financial assistance by
direct deposit to accounts of recipients of
Ohio works first or
disability financial assistance or the date the recipient made application
for assistance, and shall not be reimbursed by the state for any
part of the cost. Thereafter, the county department of job
and family
services shall continue to bear the full cost of each replacement
warrant issued until the board of county commissioners requires
the county department of job and family services to obtain
from each such
recipient the authorization forms as provided in this section.
Sec. 329.04. (A) The county department of job and family
services shall
have, exercise, and perform the following powers
and duties:
(1) Perform any duties assigned by
the state department of
job and family services
regarding the provision of public family
services, including the provision of the following services
to
prevent or reduce economic or
personal dependency and to
strengthen family life:
(a) Services authorized by
a Title IV-A
program, as
defined in section 5101.80 of the Revised Code;
(b) Social services authorized by Title XX of the
"Social
Security Act" and provided for by section 5101.46 of the Revised
Code;
(c) If the county department is designated as the child
support
enforcement agency, services authorized by Title IV-D of
the "Social
Security
Act" and provided for by
Chapter 3125. of
the Revised Code. The county
department
may perform the services
itself or contract with other
government entities, and, pursuant
to division
(C) of section 2301.35 and section 2301.42 of the
Revised Code, private
entities, to perform the Title IV-D
services.
(2) Administer disability financial assistance under Chapter 5115. of
the
Revised Code, as required by the state department of job and
family services under section 5115.03 of the Revised Code;
(3) Administer disability medical assistance, as required by the state department of job and family services under section 5115.13 of the Revised Code;
(3)(4) Administer burials insofar as the administration of
burials was,
prior to September 12, 1947, imposed upon the board
of county commissioners
and if otherwise required by state law;
(4)(5) Cooperate with state and federal authorities in any
matter
relating to family services and to act as the agent of
such
authorities;
(5)(6) Submit an annual account of its
work and expenses to the
board of county commissioners and to the
state department of job
and family services at the
close of each fiscal year;
(6)(7) Exercise any powers and duties
relating to family
services duties or workforce development
activities imposed upon the
county department of job and
family
services by law, by resolution
of the board of county commissioners, or by
order of the governor,
when authorized by law, to meet
emergencies during war or peace;
(7)(8) Determine the eligibility for medical assistance of
recipients of aid under Title XVI of the "Social Security Act";
(8)(9) If assigned by the state director of job and
family
services under section 5101.515
of the Revised Code,
determine
applicants' eligibility for health assistance under the
children's
health insurance program part II;
(9)(10) Enter into a plan of cooperation with the board of
county
commissioners under section 307.983, consult with
the board
in the development of the transportation work plan developed under
section 307.985, establish with the board procedures
under section
307.986 for
providing services to children whose families relocate
frequently, and comply
with the
contracts the board enters into
under sections 307.981 and 307.982 of the
Revised Code that affect
the county department;
(10)(11) For the purpose of complying with a partnership fiscal agreement the board
of county commissioners enters into under
section 307.98 of the Revised Code, exercise the
powers and
perform the duties the partnership fiscal agreement assigns to the county
department;
(11)(12) If the county department is designated as the workforce
development
agency, provide the workforce development activities
specified in the contract
required by section 330.05 of the
Revised Code.
(B) The powers and duties of a county department of job and
family services are, and
shall be exercised and performed, under
the control and direction of the board
of county commissioners.
The board may assign to the county department any
power or duty of
the board regarding family services duties and workforce development
activities. If the new power or duty
necessitates the state
department of job and family
services changing its federal cost
allocation plan, the county department may not implement the power
or duty
unless the United States department of health and human
services approves the
changes.
Sec. 329.05. The county department of job and family
services may
administer or assist in administering any state or
local
family services
activity duty in addition
to those mentioned in
section 329.04 of
the Revised Code, supported wholly or in part by
public funds
from any source provided by agreement between the
board of county
commissioners and the officer, department, board,
or agency in
which the administration of such activity is vested.
Such
officer, department, board, or agency may enter into such
agreement and confer upon the county department of job and
family
services, to the extent and in particulars specified in the
agreement, the performance of any duties and the exercise of any
powers imposed upon or vested in such officer, board, department,
or agency, with respect to the administration of such activity.
Such agreement shall be in the form of a resolution of the board
of county commissioners, accepted in writing by the other party
to
the agreement, and filed in the office of the county auditor,
and
when so filed, shall have the effect of transferring the
exercise
of the powers and duties to which the agreement relates
and shall
exempt the other party from all further responsibility
for the
exercise of the powers and duties so transferred, during
the life
of the agreement.
Such agreement shall be coordinated and not conflict with a
partnership fiscal agreement entered into under section 307.98, a
contract
entered into under section 307.981 or 307.982, a plan of
cooperation
entered
into under section 307.983, a regional plan of
cooperation entered into
under section 307.984, a transportation
work plan
developed under
section 307.985, or procedures for
providing services
to children whose
families relocate frequently
established under section
307.986 of the Revised
Code. It may be
revoked at the option of either
party, by a resolution or order of
the revoking party filed in
the office of the auditor. Such
revocation shall become
effective at the end of the fiscal year
occurring at least six
months following the filing of the
resolution or order. In the
absence of such an express revocation
so filed, the agreement
shall continue indefinitely.
This section does not permit a county department of job and
family
services to manage or control hospitals, humane societies,
detention
facilities,
jails or
probation departments of courts,
or veterans service commissions.
Sec. 329.051. The county department of job and family
services
shall make voter registration applications as prescribed by the secretary
of state under section 3503.10 of the Revised Code available to persons who
are applying for, receiving assistance from, or
participating in any of the following:
(A) The disability financial
assistance program established under Chapter 5115. of the Revised Code;
(B) The disability medical assistance program established under Chapter 5115. of the Revised Code;
(C) The medical assistance program established under
Chapter 5111. of the Revised Code;
(C)(D) The Ohio works first program established under Chapter 5107.
of the Revised Code;
(D)(E) The prevention, retention, and contingency program
established under Chapter 5108. of the Revised Code.
Sec. 329.06. (A) Except as provided in division
(C) of this section and section 6301.08 of the Revised Code, the board
of county
commissioners shall
establish a county family services planning committee.
The board shall appoint a member to represent the county
department of job and family services; an employee in the
classified civil service of
the county department of job and family services, if there
are any such employees; and
a member to represent the public. The board shall appoint other
individuals to the committee in such a manner that the
committee's membership is broadly representative of the groups
of individuals and the public and private entities that have an
interest in the family services provided in the county.
The board shall make
appointments in a manner that reflects the ethnic and racial composition of
the county. The following groups and entities may be represented on the
committee:
(1) Consumers of family services;
(2) The public children services agency;
(3) The child support enforcement agency;
(4) The county family and children first council;
(5) Public and private colleges and universities;
(6) Public entities that provide family services,
including boards of health, boards of education, the county
board of mental retardation and developmental disabilities, and
the board of alcohol, drug addiction, and mental health services
that serves the county;
(7) Private nonprofit and for-profit entities that
provide family services in the county or that advocate
for
consumers of family services in the county, including
entities that provide
services to or advocate for victims of domestic violence;
(9) Any other group or entity that has an interest in the
family services provided in the county, including groups
or
entities that represent any of the county's business, urban, and
rural sectors.
(B) The county family
services planning committee shall do all of the
following:
(1) Serve as an advisory body to the board of county
commissioners with regard to the family services provided
in the
county, including assistance under
Chapters 5107. and 5108. of the
Revised
Code, publicly funded child
day-care under Chapter 5104. of
the Revised
Code, and social services
provided under section 5101.46 of the
Revised
Code;
(2) At least once a year, review and analyze the county department
of job and family services' implementation of the programs
established under
Chapters 5107. and 5108. of the Revised Code. In
its
review, the committee shall use information available to it to examine
all of the following:
(a) Return of assistance groups to participation in
either program after ceasing to participate;
(b) Teen pregnancy rates among the programs' participants;
(c) The other types of assistance the programs' participants
receive, including medical assistance under Chapter 5111. of the
Revised Code, publicly funded
child day-care under Chapter 5104. of the Revised
Code, food stamp
benefits under section 5101.54 of the Revised Code, and
energy
assistance under Chapter 5117. of the Revised
Code;
(d) Other issues the committee considers appropriate.
The committee shall make recommendations to the board of county
commissioners and county department of job and family
services regarding the
committee's findings.
(3) Provide comments and recommendations to the board
prior to the board's entering into or substantially amending a partnership
agreement
with
the director of job and family services under section
307.98 of the
Revised Code;
(4) Conduct public hearings
on proposed county profiles for the provision of social services
under section 5101.46 of the
Revised
Code;
(5)(4) At the request of the board, make recommendations and
provide assistance regarding the family services provided
in the
county;
(6)(5) At any other time the committee considers
appropriate, consult with the board and make recommendations
regarding the family services provided in the county.
The
committee's recommendations may address the following:
(a) Implementation and administration
of family service programs;
(b) Use of federal, state, and local
funds available for family service programs;
(c) Establishment of goals to be
achieved by family service programs;
(d) Evaluation of the outcomes of
family service programs;
(e) Any other matter the board
considers relevant to the provision of family services.
(C) If there is a
committee in existence in a county on October 1, 1997,
that the board of
county commissioners determines is
capable of fulfilling the responsibilities of a county
family
services planning committee, the board may designate the
committee as the county's family services planning
committee and
the committee shall serve in that capacity.
Sec. 340.021. (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
October 10, 1989, the board of county commissioners
shall, within thirty days of the effective date of this section
October 10, 1989, establish 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 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 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 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 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 community mental health board and any provision
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 alcohol and drug addiction services
board.
An 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 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.
(B) If a board of county commissioners subject to division (A) of this section did not adopt a resolution providing for a board of alcohol, drug addiction, and mental health services, the board of county commissioners may adopt a resolution providing for such a board, subject to both of the following:
(1) The resolution shall be adopted not later than January 1, 2004.
(2) Before adopting the resolution, the board of county commissioners shall provide notice of the proposed resolution to the alcohol and drug services board and the community mental health board and shall provide both boards an opportunity to comment on the proposed resolution.
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. 341.05. (A) The sheriff shall assign sufficient staff
to
ensure the safe and secure
operation of the county jail, but
staff shall be assigned only
to the extent such staff can be
provided with funds appropriated to the
sheriff at the discretion
of the board of county commissioners. The staff may
include any
of the
following:
(1) An administrator for the jail;
(2) Jail officers, including civilian jail officers who are
not sheriff's
deputies, to conduct security duties;
(3) Other necessary employees to assist in the
operation of
the county jail.
(B) The sheriff shall employ a sufficient
number of female
staff to be available to perform all reception
and release
procedures for female prisoners. These female
employees shall be
on duty for the duration of the confinement of
the female
prisoners.
(C) The jail administrator and civilian jail
officers
appointed by the sheriff shall have all the powers of
police
officers on the jail grounds as are necessary for the
proper
performance of the duties relating to their positions at
the jail
and as are consistent with their level of training.
(D) The sheriff may authorize civilian jail
officers to wear
a standard uniform consistent with their
prescribed authority, in
accordance with section 311.281 of the
Revised Code. Civilian
jail officer uniforms
shall be differentiated clearly from the
uniforms worn by
sheriff's deputies.
(E)
The
Except as provided in division (B) of section
341.25
of the Revised Code, the compensation of jail staff shall be
payable from the general fund of the county, upon the warrant of
the auditor, in accordance with standard county payroll
procedures.
Sec. 341.25. (A) The sheriff may establish a
commissary for the jail. The commissary may be established
either in-house or by another arrangement. If a commissary is
established, all persons incarcerated in the jail shall receive
commissary privileges. A person's purchases from the commissary
shall be deducted from the person's account record in the jail's
business office. The commissary shall provide for the
distribution to indigent persons incarcerated in the jail
necessary hygiene articles and writing materials.
(B) If a commissary is established, the sheriff
shall establish a commissary fund for the jail. The management
of funds in the commissary fund shall be strictly controlled in
accordance with procedures adopted by the auditor of state.
Commissary fund revenue over and above operating costs and
reserve shall be considered profits. All profits from the
commissary fund shall be used to purchase supplies and equipment,
and to provide life skills training and education or treatment services, or
both,
for the benefit of persons incarcerated in the jail, and to pay
salary
and benefits for employees of the sheriff
who
work in or are employed for the purpose of providing
service to the
commissary. The sheriff
shall adopt rules for the operation of any
commissary fund the sheriff establishes.
Sec. 504.03. (A)(1) If a limited home rule government is
adopted
pursuant to section
504.02 of
the Revised Code, it shall
remain in effect for at least three
years except as otherwise
provided in division (B) of this
section. At the end of that
period, if the board of township
trustees determines that that
government is not in
the
best interests of the township, it may
adopt a resolution causing
the board of elections to submit to the
electors of the
unincorporated area of the township the question
of whether the
township should continue the limited home rule
government. The question
shall be voted upon at
the
next general
election occurring at least seventy-five days after
the
certification of the resolution to the board of elections. After
certification of the resolution, the board of
elections
shall
submit the question to the electors of the unincorporated
area of
the township, and the ballot language shall be
substantially as
follows:
"Shall the township of ........... (name) continue the
limited home rule government under which it is operating?
...... |
|
For continuation of the limited
home rule government |
...... |
|
Against continuation of the limited home rule government" |
(2) At least forty-five days before the election on the
question of continuing the limited home
rule government, the board
of township trustees shall have notice of
the election published
in a newspaper of general circulation in
the township for three
consecutive weeks and have the notice
posted in five conspicuous
places in the unincorporated area of
the township.
(B) The electors of a township that has adopted a
limited
home rule government may propose at any time by initiative
petition, in accordance
with section 504.14
of the Revised Code, a
resolution submitting to the electors in
the unincorporated area
of the township, in an election, the
question set forth in
division (A)(1) of this section.
(C) If a majority of the votes cast under division (A) or
(B) of this section on the proposition of continuing the limited
home rule government is in the
negative, that government is
terminated effective
on the first
day
of January immediately
following the election, and a
limited
home rule government shall
not be
adopted in the unincorporated area of the township pursuant
to section 504.02
of
the Revised Code for at least three years
after that date.
(D) If a limited
home rule government is terminated
under
this section, the board
of township trustees immediately
shall
adopt a resolution repealing
all resolutions adopted
pursuant to
this chapter that are not
authorized by any other
section of the
Revised Code outside this
chapter, effective on the
first day of
January immediately
following the election described
in division
(A) or (B) of this
section. However, no resolution
adopted under
this division shall affect or
impair the obligations
of the
township under any security issued or contracts
entered
into by
the township in connection with the financing of any water
supply
facility or sewer improvement under sections 504.18 to
504.20 of
the Revised Code or the authority of the township to
collect or
enforce any assessments or other revenues constituting
security
for or source of payments of debt service charges of
those
securities.
(E) Upon the termination of a limited home rule government
under this section, if the township had converted its board of
township trustees to a five-member board under section 504.21 of
the Revised Code before the effective date of this amendment, the current board member who received the lowest
number of votes of the current board members who were elected at
the most recent election for township trustees, and the current
board member who received the lowest number of votes of the
current board members who were elected at the second most recent
election for township trustees, shall cease to be township
trustees on the date that the limited home rule government
terminates. Their offices likewise shall cease to exist at that
time, and the board shall continue as a three-member board as
provided in section 505.01 of the Revised Code.
Sec. 504.04. (A) A township that adopts a limited
home rule
government may do all of the following by resolution,
provided
that any of these resolutions, other than a
resolution to
supply
water or sewer services in accordance with sections 504.18
to
504.20 of the Revised
Code, may be enforced only by the imposition
of civil fines as authorized in
this chapter:
(1) Exercise all powers of local self-government within
the
unincorporated area of the township, other than powers that
are in
conflict with general laws, except that the township shall
comply
with the requirements and prohibitions of this chapter,
and shall
enact no taxes other than those authorized by general
law, and
except that no resolution adopted pursuant to this
chapter shall
encroach upon the powers, duties, and privileges of
elected
township officers or change, alter, combine, eliminate,
or
otherwise modify the form or structure of the township
government
unless the change is required
or permitted by this chapter;
(2) Adopt and enforce within the unincorporated area of
the
township local police, sanitary, and other similar
regulations
that are not in conflict with general laws or
otherwise
prohibited
by division (B) of this section;
(3) Supply water and sewer services to users within the
unincorporated
area of the township in accordance with sections
504.18
to 504.20 of the
Revised Code.
(B) No resolution adopted pursuant to this chapter shall do
any of the
following:
(1) Create a criminal offense or impose criminal
penalties,
except as authorized by division (A) of this
section;
(2) Impose civil fines other than as authorized by this
chapter;
(3) Establish or revise subdivision regulations, road
construction standards, urban
sediment rules, or storm water and
drainage regulations;
(4) Establish or revise building standards, building
codes,
and other standard codes except as provided in section
504.13 of
the Revised Code;
(5) Increase, decrease, or otherwise alter the powers or
duties of a township under any other chapter of the Revised Code
pertaining to agriculture or the conservation or
development of
natural resources;
(6) Establish regulations affecting hunting, trapping,
fishing, or the possession, use, or sale of firearms;
(7) Establish or revise water or sewer regulations,
except
in accordance with sections
504.18 and 504.19 of the Revised Code.
Nothing in this chapter shall be construed as affecting the
powers of counties with regard to the subjects listed in
divisions
(B)(3) to (5) of this section.
(C) Under a limited
home rule government, all officers shall
have the
qualifications, and be
nominated, elected, or appointed,
as provided in Chapter 505. of
the Revised Code, except that the
board of township trustees
shall appoint a full-time or part-time
law director pursuant
to section 504.15 of the Revised Code, and
except that section 504.21 of the Revised Code also shall apply if
a five-member board of township trustees is approved for the
township before the effective date of this amendment shall continue to serve as the legislative authority with successive members serving for four-year terms of office until a termination of a limited home rule government under section 504.03 of the Revised Code.
(D) In case of conflict between resolutions enacted by a
board of township trustees and municipal ordinances or
resolutions, the ordinance or resolution enacted by the municipal
corporation prevails. In case of conflict between resolutions
enacted by a board of township trustees and any county
resolution,
the resolution enacted by the board of township
trustees prevails.
Sec. 505.376. When any expenditure of a fire and ambulance
district,
other than for the compensation of district employees,
exceeds ten twenty-five thousand
dollars, the contract for the expenditure
shall be in writing and made with
the lowest and best
bidder after
advertising for not less than two nor more than four consecutive
weeks in a newspaper of general circulation within the district.
The bids
shall be opened and shall be publicly read by the clerk
of the district, or
the clerk's designee, at the time, date, and
place specified in the
advertisement to bidders or the
specifications. The time, date, and place of
bid openings may
be
extended to a later date by the board of trustees of the district,
provided
that written or oral notice of the change shall be given
to all persons who
have received or requested specifications no
later than ninety-six hours prior
to the original time and date
fixed for the opening.
Each bid on any contract shall contain the full name of every
person
interested in the bid. If the bid is for a contract for
the construction,
demolition, alteration, repair, or
reconstruction of an improvement, it shall
meet the requirements
of section 153.54 of the Revised Code.
If the bid is for any
other contract, it shall be accompanied by a sufficient
bond or
certified check, cashier's check, or money order on a solvent bank
or
savings and loan association that, if the bid is accepted, a
contract will be
entered into and the performance of it will be
properly secured. If the bid
for work embraces both labor and
material, it shall be separately stated, with
the price thereof of the labor and the material.
The board may reject any and all bids. The contract shall
be
between the district and the bidder, and the district shall pay
the
contract price in
cash. When a bonus is offered for
completion of a contract prior to a
specified date, the board may
exact a prorated penalty in like sum for each
day
of delay beyond
the specified date. When there is reason to believe there is
collusion or combination among bidders, the bids of those
concerned therein
shall be rejected.
Sec. 507.09. (A) Except as otherwise provided in division
(D) of this section, the township clerk shall be entitled to
compensation as follows:
(1) In townships having a budget of fifty thousand dollars
or less, three thousand five hundred dollars;
(2) In townships having a budget of more than fifty
thousand
but not more than one hundred thousand dollars, five
thousand five
hundred dollars;
(3) In townships having a budget of more than one hundred
thousand but not more than two hundred fifty thousand dollars,
seven thousand seven hundred dollars;
(4) In townships having a budget of more than two hundred
fifty thousand but not more than five hundred thousand dollars,
nine thousand nine hundred dollars;
(5) In townships having a budget of more than five hundred
thousand but not more than seven hundred fifty thousand dollars,
eleven thousand dollars;
(6) In townships having a budget of more than seven
hundred
fifty thousand but not more than one million five hundred
thousand
dollars, thirteen thousand two hundred
dollars;
(7) In townships having a budget of more than one million
five hundred thousand but not more than three million five
hundred
thousand dollars, fifteen thousand four
hundred dollars;
(8) In townships having a budget of more than three
million
five hundred thousand dollars but not more than six million
dollars, sixteen thousand five hundred
dollars;
(9) In townships having a budget of more than six million
dollars,
seventeen thousand six hundred dollars.
(B) Any township clerk may elect to receive less than the
compensation the clerk is entitled to under division (A) of
this
section. Any clerk electing to do this shall so notify the board
of township trustees in writing, and the board shall include this
notice in the minutes of its next board meeting.
(C) The compensation of the township clerk shall be paid
in
equal monthly payments. If the office of clerk is held by
more
than one person during any calendar year, each person
holding the
office shall receive payments for only those months,
and any
fractions of those months, during which the
person holds the
office.
(D) Beginning in calendar year 1999, the township
clerk
shall be entitled to compensation as follows:
(1) In calendar year 1999, the compensation specified in
division
(A) of this section increased by three per cent;
(2) In calendar year 2000, the compensation determined under
division
(D)(1) of this section increased by
three per cent;
(3) In calendar year 2001, the compensation determined under
division
(D)(2) of this section increased by
three per cent;
(4) In calendar year 2002,
except in townships having a
budget of more than six million dollars, the compensation
determined
under
division (D)(3) of this section
increased by
three per cent;
in townships having a budget of more than six
million but not more than ten million dollars, nineteen thousand
eight hundred ten dollars; and in townships having a budget of
more than ten million dollars, twenty thousand nine hundred
dollars;
(5) In calendar year 2003, the compensation determined under division (D)(4) of this section increased by three per cent or the percentage increase in the consumer price index as described in division (D)(7)(b) of this section, whichever percentage is lower;
(6) In calendar year 2004, except in townships having a budget of more than six million dollars, the compensation determined under division (D)(5) of this section for the calendar year 2003 increased by three per cent or the percentage increase in the consumer price index as described in division (D)(7)(b) of this section, whichever percentage is lower; in townships having a budget of more than six million but not more than ten million dollars, twenty-two thousand eighty-seven dollars; and in townships having a budget of more than ten million dollars, twenty-five thousand five hundred fifty-three dollars;
(7) In calendar years 2003 2005 through 2008, the compensation
determined under division (D) of
this section for the immediately
preceding calendar year increased by the
lesser of the following:
(b) The percentage increase, if any,
in the consumer price
index
over the twelve-month period that ends on the thirtieth day
of
September of the immediately preceding calendar year,
rounded
to the nearest one-tenth of one per cent;
(6)(8) In calendar year 2009 and thereafter, the amount
determined
under division (D) of this section for calendar year
2008.
As
used in this division,
"consumer price index" has the same
meaning as in
section 325.18 of the Revised Code.
Sec. 511.12. The board of township trustees may prepare
plans and specifications and make contracts for the construction
and erection of a memorial building, monument, statue, or
memorial, for the purposes specified and within the amount
authorized by section 511.08 of the Revised Code. If the total
estimated cost of the construction and erection exceeds fifteen twenty-five thousand
dollars, the contract shall be let by competitive
bidding. If the estimated cost is fifteen twenty-five thousand dollars or less,
competitive bidding may be required at the board's discretion. In
making contracts under this section, the board shall be governed
as follows:
(A) Contracts for construction when competitive bidding is
required shall be based upon detailed plans, specifications,
forms of bids, and estimates of cost, adopted by the board.
(B) Contracts shall be made in writing upon concurrence of
a majority of the members of the board, and shall be signed by at
least two of such the members and by the contractor. If competitive
bidding is required, no contract shall be made or signed until an
advertisement has been placed in two newspapers, published or of
general circulation in the township, for a period of thirty days.
(C) No contract shall be let by competitive bidding except
to the lowest and best bidder, who shall meet the requirements of
section 153.54 of the Revised Code.
(D) When, in the opinion of the board, it becomes
necessary in the prosecution of such work to make alterations or
modifications in any contract, such the alterations or modifications
shall be made only by order of the board, and such that order shall be
of no effect until the price to be paid for the work or materials
under such the altered or modified contract has been agreed upon in
writing and signed by the contractor and at least two members of
the board.
(E) No contract or alteration or modification thereof of it
shall be valid unless made in the manner provided in this
section.
Sec. 511.181. If the board of park commissioners of a township park district created before 1955 is appointed by the board of township trustees, the board of township trustees may adopt a resolution to convert the parks owned and operated by the park district into parks owned and operated by the township if the township has a population of less than thirty-five thousand and a geographical area of less than fifteen square miles. Upon the adoption of that resolution, the township park district shall cease to exist, all real and personal property owned by the park district shall be transferred to the township, and the township shall assume liability with respect to all contracts and debts of the park district. All employees of the township park district whose parks are so converted into township parks shall become township employees, and the board of township trustees may retain the former park commissioners, on the terms that the trustees consider appropriate, to operate the property formerly owned by the township park district.
The township shall continue to collect any taxes levied within the former township park district, and the taxes shall be deposited into the township treasury as funds to be used for the park purposes for which they were levied.
Within fifteen days after the adoption of a township park district conversion resolution under this section, the clerk of the board of township trustees shall certify a copy of that resolution to the county auditor.
Sec. 515.01. The board of township trustees may provide
artificial lights for any road, highway, public place, or
building under its supervision or control, or for any territory
within the township and outside the boundaries of any municipal
corporation, when the board determines that the public safety or
welfare requires that such the road, highway, public place, building,
or territory shall be lighted. Such The lighting may be procured
either by the township installing a lighting system or by
contracting with any person or corporation to furnish lights.
If lights are furnished under contract, such the contract may
provide that the equipment employed may be owned by the township
or by the person or corporation supplying it.
If the board determines to procure such lighting by
contract and the total estimated cost of the contract exceeds fifteen twenty-five
thousand dollars, the board shall prepare plans and
specifications for the lighting equipment and shall, for two
weeks, advertise for bids for furnishing such the lighting equipment, either
by posting such the advertisement in three conspicuous places in the
township or by publication thereof of the advertisement once a week, for two
consecutive weeks, in a newspaper of general circulation in the
township. Any such contract for lighting shall be made with the
lowest and best bidder.
No lighting contract awarded by the board shall be made to
cover a period of more than ten years. The cost of installing
and operating any lighting system or any light furnished under
contract shall be paid from the general fund of the township
treasury.
Sec. 515.07. If the total estimated cost of any lighting improvement provided
for in section 515.06 of the Revised Code is fifteen twenty-five thousand dollars or less,
the contract may be let without competitive bidding. When competitive bidding
is required, the board of township trustees shall post, in three of the most
conspicuous public places in the district, a notice specifying the number,
candle power, and location of lights, and the kind of supports therefore for the lights as
provided by section 515.06 of the Revised Code, as well as the time, which shall not be
less than thirty days from the posting of the notices, and the place the board
will receive bids to furnish such the lights. The board shall accept the lowest
and best bid, if the successful bidder meets the requirements of section
153.54 of the Revised Code. The board may reject all bids.
Sec. 521.05. (A) If the total estimated cost of any
improvement provided for in section 521.04 of the Revised Code is
ten twenty-five thousand dollars or less, the contract may be let without
competitive bidding. When competitive bidding is required, the
board of township trustees shall post, in three of the most
conspicuous public places in the township, a notice specifying
the improvement to be made and the time, which shall be at least
thirty days after the posting of the notices, and the place the
board will receive bids to make the improvement. The board shall
accept the lowest and best bid, if the successful bidder meets
the requirements of section 153.54 of the Revised Code. The
board may reject all bids.
(B) On accepting a bid, the board shall enter into a
contract with the successful bidder for making the improvement
according to specifications. The contract shall not be for a
term longer than ten years.
Sec. 715.013. (A) Except as otherwise expressly authorized by the
Revised Code, no municipal corporation shall levy a tax that
is the same as or similar to a tax levied under Chapter 322., 3734.,
3769., 4123., 4141., 4301., 4303., 4305., 4307., 4309., 5707., 5725., 5727.,
5728., 5729., 5731., 5735., 5737., 5739., 5741., 5743., or 5749. of the
Revised Code.
(B) This section does not prohibit a municipal corporation from levying a tax
on amounts any of the following:
(1) Amounts received for admission to any place or, on and after
January 1, 2002, on the;
(2) The income of an electric company or combined
company, as defined in
section 5727.01 of the Revised Code;
(3) On and after January 1, 2004, the income of a telephone company, as defined in section 5727.01 of the Revised Code.
Sec. 718.01. (A) As used in this chapter:
(1) "Adjusted federal taxable income" means a C corporation's federal taxable income before net operating losses and special deductions as determined under the Internal Revenue Code, adjusted as follows:
(a) Deduct intangible income to the extent included in federal taxable income. The deduction shall be allowed regardless of whether the intangible income relates to assets used in a trade or business or assets held for the production of income.
(b) Add an amount equal to five per cent of intangible income deducted under division (A)(1)(a) of this section, but excluding that portion of intangible income directly related to the sale, exchange, or other disposition of property described in section 1221 of the Internal Revenue Code;
(c) Add any losses allowed as a deduction in the computation of federal taxable income if the losses directly relate to the sale, exchange, or other disposition of an asset described in section 1221 or 1231 of the Internal Revenue Code;
(d)(i) Except as provided in division (A)(1)(d)(ii) of this section, deduct income and gain included in federal taxable income to the extent the income and gain directly relate to the sale, exchange, or other disposition of an asset described in section 1221 or 1231 of the Internal Revenue Code;
(ii) Division (A)(1)(d)(i) of this section does not apply to the extent the income or gain is income or gain described in section 1245 or 1250 of the Internal Revenue Code.
(e) Add taxes on or measured by net income allowed as a deduction in the computation of federal taxable income;
(f) In the case of a real estate investment trust and regulated investment company, add all amounts with respect to dividends to, distributions to, or amounts set aside for or credited to the benefit of investors and allowed as a deduction in the computation of federal taxable income;
(g) If the taxpayer is not a C corporation and is not an individual, the taxpayer shall compute adjusted federal taxable income as if the taxpayer were a C corporation, except:
(i) Guaranteed payments and other similar amounts paid or accrued to a partner, former partner, member, or former member shall not be allowed as a deductible expense; and
(ii) Amounts paid or accrued to a qualified self-employed retirement plan with respect to an owner or owner-employee of the taxpayer, amounts paid or accrued to or for health insurance for an owner or owner-employee, and amounts paid or accrued to or for life insurance for an owner or owner-employee shall not be allowed as a deduction.
Nothing in division (A)(1) of this section shall be construed as allowing the taxpayer to add or deduct any amount more than once or shall be construed as allowing any taxpayer to deduct any amount paid to or accrued for purposes of federal self-employment tax.
A tax administrator may examine or audit a taxpayer to ascertain if the taxpayer has properly reported adjusted federal taxable income or net profit required to be reported on Schedule C, Schedule E, or Schedule F. If the tax administrator determines that the taxpayer has not properly reported adjusted federal taxable income or net profit, the tax administrator may make all corrections and adjustments as are necessary to properly determine such amount.
(2)
"Internal Revenue Code" means the Internal Revenue Code
of
1986, 100
Stat. 2085, 26 U.S.C. 1, as amended.
(2)(3)
"Schedule C" means internal revenue service schedule C
filed by a
taxpayer pursuant to the Internal Revenue Code.
(3)(4)
"Form 2106" means internal revenue service form 2106
filed by a taxpayer
pursuant to the Internal Revenue Code.
(4)(5)
"Intangible income" means income of any of the following
types: income
yield, interest, capital gains, dividends, or other income arising
from the ownership, sale,
exchange, or other disposition of
intangible property including, but not
limited to, investments,
deposits, money, or credits as those terms are
defined in Chapter
5701. of the Revised Code, and patents, copyrights, trademarks, tradenames, investments in real estate investment trusts, investments in regulated investment companies, and appreciation on deferred compensation. "Intangible income" does not include prizes, awards, or other income associated with any lottery winnings or other similar games of chance.
(5)(6) "S corporation" means a corporation that has made an
election under subchapter S of Chapter 1 of Subtitle A of the
Internal Revenue Code for its taxable year.
(7) For taxable years beginning on or after January 1, 2004, "net profit" for a taxpayer other than an individual means adjusted federal taxable income and "net profit" for a taxpayer who is an individual means the individual's profit required to be reported on schedule C, schedule E, or schedule F.
(8) "Taxpayer" means a person subject to a tax on income levied by a municipal corporation. "Taxpayer" does not include any person that is a disregarded entity or a qualifying subchapter S subsidiary for federal income tax purposes, but "taxpayer" includes any other person who owns the disregarded entity or qualifying subchapter S subsidiary.
(9) "Taxable year" means the corresponding tax reporting period as prescribed for the taxpayer under the Internal Revenue Code.
(10) "Tax administrator" means the individual charged with direct responsibility for administration of a tax on income levied by a municipal corporation and includes:
(a) The central collection agency and the regional income tax agency and their successors in interest, and other entities organized to perform functions similar to those performed by the central collection agency and the regional income tax agency;
(b) A municipal corporation acting as the agent of another municipal corporation; and
(c) Persons retained by a municipal corporation to administer a tax levied by the municipal corporation, but only if the municipal corporation does not compensate the person in whole or in part on a contingency basis.
(11) "Person" includes individuals, firms, companies, business trusts, estates, trusts, partnerships, limited liability companies, associations, corporations, governmental entities, and any other entity.
(12) "Schedule E" means internal revenue service schedule E filed by a taxpayer pursuant to the Internal Revenue Code.
(13) "Schedule F" means internal revenue service schedule F filed by a taxpayer pursuant to the Internal Revenue Code.
(B) No municipal corporation with respect to that income
that it may tax
shall tax such income at other than a uniform
rate.
(C) No municipal corporation shall levy a tax on income at a
rate in excess
of one per cent without having obtained the
approval of the excess by a
majority of the electors of the
municipality voting on the question at a
general, primary, or
special election. The legislative authority of the
municipal
corporation shall file with the board of elections at least
seventy-five days before the day of the election a copy of the
ordinance
together with a resolution specifying the date the
election is to be held and
directing the board of elections to
conduct the election. The ballot shall be
in the following form:
"Shall the Ordinance providing for a ... per cent levy
on income
for (Brief description of the purpose of the proposed levy) be
passed?
In the event of an affirmative vote, the proceeds of the
levy
may be used only for the specified purpose.
(D)(1) Except as otherwise provided in division (D)(2)
or
(F)(9)(E) or (F) of
this section, no municipal corporation shall exempt from
a tax on
income, compensation for
personal services of individuals
over
eighteen years of age or the net profit
from a business or
profession.
(2) The legislative authority of a municipal corporation
may, by ordinance or
resolution, exempt from a tax on income any
compensation arising from the
grant, sale, exchange, or other
disposition of a stock option; the exercise of
a stock option; or
the sale, exchange, or other disposition of stock purchased
under
a stock option. (a) For taxable years beginning on or after January 1, 2004, no municipal corporation shall tax the net profit from a business or profession using any base other than the taxpayer's adjusted federal taxable income.
(b) Division (D)(2)(a) of this section does not apply to any taxpayer required to file a return under section 5745.03 of the Revised Code or to the net profit from a sole proprietorship.
(E) Nothing in this section shall prevent a municipal
corporation from
permitting lawful deductions as prescribed by
ordinance. If a taxpayer's The legislative authority of a municipal corporation may, by ordinance or resolution, exempt from withholding and from a tax on income the following:
(1) Compensation arising from the sale, exchange, or other disposition of a stock option, the exercise of a stock option, or the sale, exchange, or other disposition of stock purchased under a stock option; or
(2) Compensation attributable to a nonqualified deferred compensation plan or program described in section 3121(v)(2)(C) of the Internal Revenue Code.
If
an individual's
taxable income includes income against
which the taxpayer has taken a
deduction for federal income tax
purposes as reportable on the taxpayer's form
2106, and against
which a like deduction has not been allowed by the municipal
corporation, the municipal corporation shall deduct from the
taxpayer's
taxable income an amount equal to the deduction shown
on such form allowable
against such income, to the extent not
otherwise so allowed as a deduction by
the municipal corporation.
In
In the case of a taxpayer who has a net profit
from a business or
profession that is operated as a sole proprietorship, no
municipal
corporation may tax or use as the base for determining the amount
of
the net profit that shall be considered as having a taxable
situs in the
municipal corporation, a greater amount than the net
profit reported by the
taxpayer on schedule C filed in reference
to the year in question as taxable
income from such sole
proprietorship, except as otherwise specifically
provided by
ordinance or regulation an amount other than the net profit required to be reported by the taxpayer on schedule C or F from such sole proprietorship for the taxable year.
In the case of a taxpayer who has a net profit from rental activity required to be reported on schedule E, no municipal corporation may tax or use as the base for determining the amount of the net profit that shall be considered as having a taxable situs in the municipal corporation, an amount other than the net profit from rental activities required to be reported by the taxpayer on schedule E for the taxable year.
(F) A municipal corporation shall not tax any of the
following:
(1) The military pay or allowances of members of the armed
forces of the
United States and of members of their reserve
components, including the Ohio
national guard;
(2) The income of religious, fraternal, charitable,
scientific, literary, or
educational institutions to the extent
that such income is derived from
tax-exempt real estate,
tax-exempt tangible or intangible property, or
tax-exempt
activities;
(3) Except as otherwise provided in division (G) of this
section, intangible
income;
(4) Compensation paid under section 3501.28 or 3501.36 of
the Revised Code to
a person serving as a precinct election
official, to the extent that such
compensation does not exceed one
thousand dollars annually. Such compensation
in excess of one
thousand dollars may be subjected to taxation by a municipal
corporation. A municipal corporation shall not require the payer
of such
compensation to withhold any tax from that compensation.
(5) Compensation paid to an employee of a transit authority,
regional transit
authority, or regional transit commission created
under Chapter 306. of the
Revised Code for operating a transit bus
or other motor vehicle for the
authority or commission in or
through the municipal corporation, unless the
bus or vehicle is
operated on a regularly scheduled route, the operator is
subject
to such a tax by reason of residence or domicile in the municipal
corporation, or the headquarters of the authority or commission is
located
within the municipal corporation;
(6) The income of a public utility, when that public utility
is
subject to the tax levied under section 5727.24 or 5727.30 of
the Revised
Code, except starting January 1, 2002, the income of
an
electric company or combined company, as defined in section
5727.01 of the
Revised Code, may
be taxed by a municipal
corporation may tax the following, subject to
Chapter 5745. of the
Revised Code:
(a) Beginning January 1, 2002, the income of an electric
company or combined company;
(b) Beginning January 1, 2004, the income of a telephone
company.
As used in division (F)(6) of this section, "combined company," "electric
company," and "telephone company" have
the same meanings as in section 5727.01 of the Revised Code.
(7) On and after January 1, 2003, items excluded from
federal gross income pursuant to section 107 of the Internal
Revenue Code;
(8) On and after January 1, 2001, compensation paid to a
nonresident
individual to the extent prohibited under
section
718.011 of the Revised Code;
(9) Except as provided in division (H) of this section, an S
corporation
shareholder's distributive share of net
profits of the
S
corporation, other than any part of the
distributive share of
net
profits that represents
wages as defined in section 3121(a) of
the Internal Revenue Code or net earnings from self-employment as
defined in section 1402(a) of the Internal Revenue Code, to the
extent such distributive share would not be allocated or
apportioned to this state under division (B)(1) and (2) of section
5733.05 of the Revised Code if the S corporation were a
corporation subject to the taxes imposed under Chapter 5733. of
the Revised Code;
(10) Employee compensation that is not "qualifying wages" as defined in section 718.03 of the Revised Code.
(G) Any municipal corporation that taxes any type of
intangible income on
March 29, 1988, pursuant to Section 3 of
Amended Substitute Senate Bill No.
238 of the 116th general
assembly, may continue to tax that type of income
after 1988 if a
majority of the electors of the municipal corporation voting
on
the question of whether to permit the taxation of that type of
intangible
income after 1988 vote in favor thereof at an election
held on November 8,
1988.
(H) Any municipal corporation that, on December 6, 2002,
taxes an S corporation shareholder's distributive share of net
profits of the S corporation to any greater extent than that
permitted under division (F)(9) of this section may continue after
2002 to tax such distributive shares to such greater extent only
if a majority of the electors of the municipal corporation voting
on the question of such continuation vote in favor thereof at an
election held on November 4, 2003. If a majority of electors vote
in favor of that question, then, for purposes of section 718.14 of
the Revised Code, "pass-through entity" includes S corporations,
"income from a pass-through entity" includes distributive shares
from an S corporation, and "owner" includes a shareholder of an S
corporation, notwithstanding that section to the contrary.
(I) Nothing in this section or section 718.02 of the Revised
Code
shall authorize the levy of any tax on income that a
municipal
corporation is not
authorized to levy under existing
laws or shall require a municipal
corporation to allow a deduction
from taxable income for losses incurred from
a sole proprietorship
or partnership.
(J)(1) Nothing in this chapter prohibits a municipal corporation from allowing, by resolution or ordinance, a net operating loss carryforward.
(2) Nothing in this chapter requires a municipal corporation to allow a net operating loss carryforward.
(K) Except as otherwise provided, nothing in this chapter prohibits a municipal corporation from imposing its municipal income tax on compensation reported on internal revenue service form 1099.
Sec. 718.02. This section does not apply to electric
companies
or combined companies, or to electric light companies
for which an election
made under section 5745.031 taxpayers that are subject to and required to file reports under Chapter 5745. of the Revised
Code is in effect.
(A) In the taxation of income that is
subject to municipal
income taxes, if the books and records of a
taxpayer conducting a
business or profession both within and
without the boundaries of a
municipal corporation disclose
with reasonable accuracy what
portion of its net profit is
attributable to that part of the
business or profession conducted
within the boundaries of the
municipal corporation, then only
such portion shall be considered
as having a taxable situs in
such municipal corporation for
purposes of municipal income
taxation. In the absence of such
records Except as otherwise provided in division (D) of this section, net profit from a
business or profession conducted both
within and without the
boundaries of a municipal corporation shall
be considered as
having a taxable situs in such municipal
corporation for purposes
of municipal income taxation in the same
proportion as the
average ratio of the following:
(1) The average net book value original cost of the real and tangible
personal property owned or used by the taxpayer in the business
or
profession in such municipal corporation during the taxable
period
to the average net book value original cost of all of the real and
tangible
personal property owned or used by the taxpayer in the
business or
profession during the same period, wherever situated.
As used in the preceding paragraph, real property shall
include property rented or leased by the taxpayer and the value
of
such property shall be determined by multiplying the annual
rental
thereon by eight;
(2) Wages, salaries, and other compensation paid during
the
taxable period to persons employed in the business or
profession
for services performed in such municipal corporation
to wages,
salaries, and other compensation paid during the same
period to
persons employed in the business or profession,
wherever their
services are performed, excluding compensation
that is not taxable
by the municipal corporation under section 718.011 of the Revised
Code;
(3) Gross receipts of the business or profession from
sales
made and services performed during the taxable period in
such
municipal corporation to gross receipts of the business or
profession during the same period from sales and services,
wherever made or performed.
If the foregoing allocation apportionment formula does not
produce an
equitable result, another basis may be substituted, under
uniform
regulations, so as to produce an equitable
result.
(B) As used in division (A) of this section,
"sales made
in
a municipal corporation" mean:
(1) All sales of tangible personal property
delivered within
such municipal corporation regardless of where
title passes if
shipped or delivered from a stock of goods within
such municipal
corporation;
(2) All sales of tangible personal property
delivered within
such municipal corporation regardless of where
title passes even
though transported from a point outside such
municipal corporation
if the taxpayer is regularly engaged
through its own employees in
the solicitation or promotion of
sales within such municipal
corporation and the sales result from
such solicitation or
promotion;
(3) All sales of tangible personal property
shipped from a
place within such municipal corporation to
purchasers outside such
municipal corporation regardless of where
title passes if the
taxpayer is not, through its own employees,
regularly engaged in
the solicitation or promotion of sales at
the place where delivery
is made.
(C) Except as otherwise provided in division (D) of this section, net profit from rental activity not constituting a business or profession shall be subject to tax only by the municipal corporation in which the property generating the net profit is located.
(D) This section does not apply to individuals who are residents of the municipal corporation and, except as otherwise provided in section 718.01 of the Revised Code, a municipal corporation may impose a tax on all income earned by residents of the municipal corporation to the extent allowed by the United States Constitution.
Sec. 718.021. (A) As used in this section:
(1) "Nonqualified deferred compensation plan" means a compensation plan described in section 3121(v)(2)(C) of the Internal Revenue Code.
(2)(a) Except as provided in division (A)(2)(b) of this section, "qualifying loss" means the excess, if any, of the total amount of compensation the payment of which is deferred pursuant to a nonqualified deferred compensation plan over the total amount of income the taxpayer has recognized for federal income tax purposes for all taxable years on a cumulative basis as compensation with respect to the taxpayer's receipt of money and property attributable to distributions in connection with the nonqualified deferred compensation plan.
(b) If, for one or more taxable years, the taxpayer has not paid to one or more municipal corporations income tax imposed on the entire amount of compensation the payment of which is deferred pursuant to a nonqualified deferred compensation plan, then the "qualifying loss" is the product of the amount resulting from the calculation described in division (A)(2)(a) of this section computed without regard to division (A)(2)(b) of this section and a fraction the numerator of which is the portion of such compensation on which the taxpayer has paid income tax to one or more municipal corporations and the denominator of which is the total amount of compensation the payment of which is deferred pursuant to a nonqualified deferred compensation plan.
(c) With respect to a nonqualified deferred compensation plan, the taxpayer sustains a qualifying loss only in the taxable year in which the taxpayer receives the final distribution of money and property pursuant to that nonqualified deferred compensation plan.
(3) "Qualifying tax rate" means the applicable tax rate for the taxable year for the which the taxpayer paid income tax to a municipal corporation with respect to any portion of the total amount of compensation the payment of which is deferred pursuant to a nonqualified deferred compensation plan. If different tax rates applied for different taxable years, then the "qualifying tax rate" is a weighted average of those different tax rates. The weighted average shall be based upon the tax paid to the municipal corporation each year with respect to the nonqualified deferred compensation plan.
(B)(1) Except as provided in division (D) of this section, a refundable credit shall be allowed against the income tax imposed by a municipal corporation for each qualifying loss sustained by a taxpayer during the taxable year. The amount of the credit shall be equal to the product of the qualifying loss and the qualifying tax rate.
(2) A taxpayer shall claim the credit allowed under this section from each municipal corporation to which the taxpayer paid municipal income tax with respect to the nonqualified deferred compensation plan in one or more taxable years.
(3) If a taxpayer has paid tax to more than one municipal corporation with respect to the nonqualified deferred compensation plan, the amount of the credit that a taxpayer may claim from each municipal corporation shall be calculated on the basis of each municipal corporation's proportionate share of the total municipal corporation income tax paid by the taxpayer to all municipal corporations with respect to the nonqualified deferred compensation plan.
(4) In no case shall the amount of the credit allowed under this section exceed the cumulative income tax that a taxpayer has paid to a municipal corporation for all taxable years with respect to the nonqualified deferred compensation plan.
(C)(1) For purposes of this section, municipal corporation income tax that has been withheld with respect to a nonqualified deferred compensation plan shall be considered to have been paid by the taxpayer with respect to the nonqualified deferred compensation plan.
(2) Any municipal income tax that has been refunded or otherwise credited for the benefit of the taxpayer with respect to a nonqualified deferred compensation plan shall not be considered to have been paid to the municipal corporation by the taxpayer.
(D) The credit allowed under this section is allowed only to the extent the taxpayer's qualifying loss is attributable to:
(1) The insolvency or bankruptcy of the employer who had established the nonqualified deferred compensation plan; or
(2) The employee's failure or inability to satisfy all of the employer's terms and conditions necessary to receive the nonqualified deferred compensation.
Sec. 718.03. (A) As used in this section:
(1) "Other payer" means any person, other than an individual's employer or the employer's agent, that pays an individual any amount included in the federal gross income of the individual.
(2) "Qualifying wages" means wages, as defined in section 3121(a) of the Internal Revenue Code, without regard to any wage limitations, adjusted as follows:
(a) Deduct any amount included in wages if the amount constitutes compensation attributable to a plan or program described in section 125 of the Internal Revenue Code.
(b) Add the following amounts:
(i) Any amount not included in wages solely because the employee was employed by the employer prior to April 1, 1986;
(ii) Any amount not included in wages because the amount arises from the sale, exchange, or other disposition of a stock option, the exercise of a stock option, or the sale, exchange, or other disposition of stock purchased under a stock option and the municipal corporation has not, by resolution or ordinance, exempted the amount from withholding and tax. Division (A)(2)(b)(ii) of this section applies only to those amounts constituting ordinary income.
(iii) Any amount not included in wages if the amount is an amount described in section 401(k) or 457 of the Internal Revenue Code. Division (A)(2)(b)(iii) of this section applies only to employee contributions and employee deferrals.
(iv) Any amount that is supplemental employment compensation benefits described in section 3402(o)(2) of the Internal Revenue Code and not included in wages.
(c) Deduct any amount attributable to a nonqualified deferred compensation plan or program described in section 3121(v)(2)(C) of the Internal Revenue Code if the compensation is included in wages and has, by resolution or ordinance, been exempted from taxation by the municipal corporation.
(d) Deduct any amount included in wages if the amount arises from the sale, exchange, or other disposition of a stock option, the exercise of a stock option, or the sale, exchange, or other disposition of stock purchased under a stock option and the municipal corporation has, by resolution or ordinance, exempted the amount from withholding and tax.
(B) For taxable years beginning after 2003, no municipal corporation shall require any employer or any agent of any employer or any other payer, to withhold tax with respect to any amount other than qualifying wages. Nothing in this section prohibits an employer from withholding tax on a basis greater than qualifying wages.
(C) An employer is not required to make any withholding with respect to an individual's disqualifying disposition of an incentive stock option if, at the time of the disqualifying disposition, the individual is not an employee of the corporation with respect to whose stock the option has been issued.
(D)(1) An employee is not relieved from liability for a tax by the failure of the employer to withhold the tax as required by a municipal corporation or by the employer's exemption from the requirement to withhold the tax.
(2) The failure of an employer to remit to the municipal corporation the tax withheld relieves the employee from liability for that tax unless the employee colluded with the employer in connection with the failure to remit the tax withheld.
(D) Notwithstanding any agreement, settlement, or contract to the contrary, compensation deferred before the effective date of this amendment is not subject to any municipal corporation income tax or municipal income tax withholding requirement to the extent the deferred compensation does not constitute qualifying wages at the time the deferred compensation is paid or distributed.
Sec. 718.05. (A) As used in this section:
(1) "Generic form" means an electronic or paper form designed for
reporting estimated municipal income taxes and annual municipal income tax
liability or for filing a refund claim
that is not prescribed by a particular municipal corporation for the
reporting of that municipal corporation's tax on income.
(2) "Return preparer" means any person other than a taxpayer that
is authorized by a taxpayer to complete or file an income
tax return, report, or other document for or on behalf of the
taxpayer.
(B) A municipal corporation shall not require a taxpayer to
file
an annual income tax return or report prior to the filing date for the
corresponding tax reporting period as prescribed for such
a taxpayer under the Internal Revenue Code. For taxable years beginning after 2003, except as otherwise provided in section 718.051 of the Revised Code and division (D) of this section, a municipal corporation shall not require a taxpayer to file an annual income tax return or report on any date other than the fifteenth day of the fourth month following the end of the taxpayer's taxable year.
(C) On and after January 1, 2001, any municipal
corporation that
requires taxpayers to file income tax returns, reports, or other
documents shall accept for filing a generic form of such a return,
report, or document if the generic form, once completed and filed,
contains all of the information required to be submitted with the
municipal corporation's prescribed returns, reports, or documents,
and if the taxpayer or return preparer filing the generic form
otherwise complies with rules or ordinances of the municipal
corporation governing the filing of returns, reports, or
documents.
(D) Beginning Except as otherwise provided in section 718.051 of the Revised Code, beginning January 1, 2001, any taxpayer that has
requested an extension for
filing a federal income tax return may request an extension for
the filing of a municipal income tax return. The taxpayer shall
make the request by filing a copy of the taxpayer's request for a
federal filing extension with the individual or office charged
with the administration of the municipal income tax. The request
for extension shall be filed not later than the last day for
filing the municipal income tax return as prescribed by ordinance
or rule of the municipal corporation. A municipal corporation
shall grant such a request for extension filed before January 1, 2004, for a period not less
than the period of the federal extension request. For taxable years beginning after 2003, the extended due date of the municipal income tax return shall be the last day of the month following the month to which the due date of the federal income tax return has been extended. A municipal
corporation may deny a taxpayer's request for extension only if
the taxpayer fails to timely file the request, fails to file a
copy of the request for the federal extension, owes the
municipal corporation any delinquent income tax or any penalty,
interest, assessment, or other charge for the late payment or
nonpayment of income tax, or has failed to file any required income tax
return, report, or
other related document for a prior tax period. The granting of an extension
for filing
a municipal corporation income tax return does not extend the last
date for paying the tax without penalty unless the municipal
corporation grants an extension of that date.
Sec. 718.051. (A) As used in this section, "Ohio business gateway" means the online computer network system, initially created by the department of administrative services under section 125.30 of the Revised Code, that allows private businesses to electronically file business reply forms with state agencies and includes any successor electronic filing and payment system.
(B) Notwithstanding section 718.05 of the Revised Code, on and after January 1, 2005, any taxpayer that is subject to any municipal corporation's tax on the net profit from a business or profession and has received an extension to file the federal income tax return shall not be required to notify the municipal corporation of the federal extension and shall not be required to file any municipal income tax return until the last day of the month to which the due date for filing the federal return has been extended, provided that, on or before the date for filing the municipal income tax return, the person notifies the tax commissioner of the federal extension through the Ohio business gateway.
(C) For taxable years beginning on or after January 1, 2005, a taxpayer subject to any municipal corporation's tax on the net profit from a business or profession may file any municipal income tax return or estimated municipal income return, and may make payment of amounts shown to be due on such returns, by using the Ohio business gateway.
(D)(1) As used in this division, "qualifying wages" has the same meaning as in section 718.03 of the Revised Code.
(2) Any employer may report the amount of municipal income tax withheld from qualifying wages paid on or after January 1, 2007, and may make remittance of such amounts, by using the Ohio business gateway.
(E) Nothing in this section affects the due dates for filing employer withholding tax returns.
(F) No municipal corporation shall be required to pay any fee or charge for the operation or maintenance of the Ohio business gateway.
(G) The use of the Ohio business gateway by municipal corporations, taxpayers, or other persons pursuant to this section does not affect the legal rights of municipalities or taxpayers as otherwise permitted by law. This state shall not be a party to the administration of municipal income taxes or to an appeal of a municipal income tax matter, except as otherwise specifically provided by law.
(H)(1) The tax commissioner shall adopt rules establishing:
(a) The format of documents to be used by taxpayers to file returns and make payments through the Ohio business gateway; and
(b) The information taxpayers must submit when filing municipal income tax returns through the Ohio business gateway.
(2) The commissioner shall consult with the Ohio business gateway steering committee before adopting the rules described in division (H)(1) of this section.
(I) Nothing in this section shall be construed as limiting or removing the ability of any municipal corporation to administer, audit, and enforce the provisions of its municipal income tax.
Sec. 718.11. As used in this section, "tax administrator" means
the individual charged with direct responsibility for administration of
a tax levied by a municipal corporation on income.
Not later than one hundred eighty days after the effective date of
this section, the The legislative
authority of each municipal corporation
that imposes a tax on income on that effective date shall establish by
ordinance maintain a board to hear appeals as provided in this section.
The legislative authority of any municipal corporation that does
not impose a tax on income on the effective date of this section amendment,
but that imposes such a tax after that date, shall establish such a
board by ordinance not later than one hundred eighty days after
the tax takes effect.
Whenever a tax administrator issues a decision regarding a
municipal income tax obligation that is subject to appeal as provided in
this section or in an ordinance or regulation of the municipal
corporation, the tax administrator shall notify the taxpayer in writing at
the same time of the taxpayer's right to appeal the decision and
of the manner in which the taxpayer may appeal the decision.
Any person who is aggrieved by a decision by the tax administrator
and who has filed with the municipal corporation the required returns or
other documents pertaining to the municipal income tax obligation at
issue in the decision may appeal the decision to the board created
pursuant to this section by filing a request with the board. The
request shall be in writing, shall state why the decision should
be deemed incorrect or unlawful, and shall be filed within thirty
days after the tax administrator issues the decision complained
of.
The board shall schedule a hearing within forty-five days after
receiving the request, unless the taxpayer waives a hearing. If the
taxpayer does not
waive the hearing, the taxpayer may appear before the board and
may be represented by an attorney at law, certified public
accountant, or other representative.
The board may affirm,
reverse, or modify the tax administrator's decision or any part of
that decision. The board shall issue a final decision on the appeal
within ninety days after the board's final hearing on the appeal,
and send notice a copy of its final decision by ordinary mail to the petitioner all of the parties to the appeal
within fifteen days after issuing the decision. The taxpayer or the tax administrator may appeal the board's decision to the board of tax appeals as provided in section 5717.011 of the Revised Code.
Each board of appeal created pursuant to this section shall adopt
rules governing its procedures and shall keep a record of its
transactions. Such records are not public records available for
inspection under section 149.43 of the Revised Code. Hearings
requested by a taxpayer before a board of appeal created pursuant to this
section are not meetings of a public body subject to section 121.22 of the
Revised Code.
Sec. 718.121. (A) Except as provided in division (B) of this section, if tax or withholding is paid to a municipal corporation on income or wages, and if a second municipal corporation imposes a tax on that income or wages after the time period allowed for a refund of the tax or withholding paid to the first municipal corporation, the second municipal corporation shall allow a nonrefundable credit, against the tax or withholding the second municipality claims is due with respect to such income or wages, equal to the tax or withholding paid to the first municipal corporation with respect to such income or wages.
(B) If the tax rate in the second municipal corporation is less than the tax rate in the first municipal corporation, then the credit described in division (A) of this section shall be calculated using the tax rate in effect in the second municipal corporation.
(C) Nothing in this section permits any credit carryforward.
Sec. 718.14. (A) As used in this section:
(1) "Limited liability company" means a limited liability
company
formed under Chapter 1705. of the Revised Code or under
the laws
of another state.
(2)
"Pass-through entity" means a partnership,
limited liability company, S corporation, or any other class of
entity the income
or profits
from
which are given pass-through
treatment under the
Internal
Revenue Code, excluding an S
corporation.
(3)
"Income from a pass-through entity" means partnership
income
of partners,
membership interests of members of a limited
liability company,
distributive shares of shareholders of an S corporation, or other distributive or proportionate
ownership shares
of
income from other pass-through entities.
(4)
"Owner" means a partner of a partnership,
a member of a limited liability
company, a shareholder of an S corporation, or
other
person with an ownership interest in a
pass-through entity.
(5)
"Owner's proportionate share," with respect to each
owner
of
a pass-through entity, means the
ratio of (a) the owner's
income from the pass-through entity
that is subject to taxation by
the municipal corporation, to (b)
the total income from that
entity of all owners
whose income from the entity is subject to
taxation
by that municipal corporation.
(B) On and after January 1, 2003, any municipal
corporation
imposing a tax that applies to income from a pass-through
entity
shall grant a
credit to each owner who is domiciled in the
municipal corporation
for
taxes paid to another municipal
corporation by a pass-through entity that does
not conduct
business
in the municipal corporation. The amount of the credit
shall
equal the lesser of the following amounts, subject to
division (C)
of this section:
(1) The owner's proportionate share of the amount, if any,
of tax paid
by the pass-through entity to
another municipal
corporation in this state;
(2) The owner's proportionate share of the amount of tax
that would be
imposed on the pass-through
entity by the municipal
corporation in which the taxpayer is
domiciled if the pass-through
entity conducted business in the municipal
corporation.
(C) If a municipal corporation grants a credit for a
percentage,
less than one hundred per cent, of the amount of
income taxes paid on
compensation by an
individual who resides or
is domiciled in the municipal corporation to
another municipal
corporation, the amount of credit otherwise
required by division
(B) of this section shall be multiplied by
that percentage.
(D) On and after January 1, 2003, any municipal
corporation
that
imposes a tax on income of or from a pass-through entity
shall specify by ordinance or rule
whether the tax applies to
income of the pass-through entity
in the hands of the
entity or to
income from the pass-through entity in the hands of
the owners of
the entity. A municipal corporation may specify a
different
ordinance or rule under this division for each of the classes
of
pass-through entity enumerated in division (A)(2) of this
section.
Sec. 718.15. A municipal corporation, by ordinance,
may grant a refundable or
nonrefundable credit against its tax on income to a taxpayer that also
receives a tax credit under section 122.17 of the Revised Code. If a credit
is granted under this section, it shall be measured as a percentage of the new
income tax revenue the municipal corporation derives from new employees of the
taxpayer and shall be for a term not exceeding ten fifteen years. Before the
municipal corporation passes an ordinance granting a credit, the municipal
corporation and the taxpayer shall enter into an agreement specifying all the
conditions of the credit.
Sec. 718.151. A municipal corporation, by ordinance, may
grant a nonrefundable credit against its tax on income to a
taxpayer that also receives a tax credit under section 122.171 of
the Revised Code. If a credit is granted under this section, it
shall be measured as a percentage of the income tax revenue the
municipal corporation derives from the retained employees of the
taxpayer, and shall be for a term not exceeding ten fifteen years. Before
a municipal corporation passes an ordinance allowing such a
credit, the municipal corporation and the taxpayer shall enter
into an agreement specifying all the conditions of the credit.
Sec. 731.14. All contracts made by the legislative
authority of a village shall be executed in the name of the
village and signed on its behalf by the mayor and clerk. Except
where the contract is for equipment, services, materials, or
supplies to be purchased under division (D) of section 713.23 or
section 125.04 or 5513.01 of the Revised Code or available from a
qualified nonprofit agency pursuant to sections 4115.31 to
4115.35 of the Revised Code, when any expenditure, other than the
compensation of persons employed therein in the village, exceeds fifteen twenty-five
thousand
dollars, such contracts shall be in writing and made with the
lowest and best bidder after advertising for not less than two
nor more than four consecutive weeks in a newspaper of general
circulation within the village. The bids shall be opened and
shall be publicly read by the clerk of such the village or a person
designated by the clerk at the time, date, and place
specified in the
advertisement to bidders or specifications. The time, date, and
place of bid openings may be extended to a later date by the
legislative authority of the village, provided that written or
oral notice of the change shall be given to all persons who have
received or requested specifications no later than ninety-six
hours prior to the original time and date fixed for the opening.
This section does not apply to those villages that have provided
for the appointment of a village administrator under section
735.271 of the Revised Code.
Sec. 731.141. In those villages that have established the
position of village administrator, as provided by section 735.271
of the Revised Code, the village administrator shall make
contracts, purchase supplies and materials, and provide labor for
any work under the administrator's supervision involving
not more than fifteen twenty-five thousand dollars. When an
expenditure, other than the
compensation of persons employed by the village, exceeds
fifteen twenty-five thousand dollars, such the expenditure shall first be authorized
and
directed by ordinance of the legislative authority of the
village. When so authorized and directed, except where the
contract is for equipment, services, materials, or supplies to be
purchased under division (D) of section 713.23 or section 125.04
or 5513.01 of the Revised Code or available from a qualified
nonprofit agency pursuant to sections 4115.31 to 4115.35 of the
Revised Code, the village administrator shall make a written
contract with the lowest and best bidder after advertisement for
not less than two nor more than four consecutive weeks in a
newspaper of general circulation within the village. The bids
shall be opened and shall be publicly read by the village
administrator or a person designated by the village
administrator at the time, date, and place as specified in the
advertisement to bidders or
specifications. The time, date, and place of bid openings may be
extended to a later date by the village administrator, provided
that written or oral notice of the change shall be given to all
persons who have received or requested specifications no later
than ninety-six hours prior to the original time and date fixed
for the opening. All contracts shall be executed in the name of
the village and signed on its behalf by the village administrator
and the clerk.
The legislative authority of a village may provide, by
ordinance, for central purchasing for all offices, departments,
divisions, boards, and commissions of the village, under the
direction of the village administrator, who shall make contracts,
purchase supplies or materials, and provide labor for any work of
the village in the manner provided by this section.
Sec. 735.05. The director of public service may make any
contract, purchase supplies or material, or provide labor for any
work under the supervision of the department of public service
involving not more than fifteen twenty-five thousand dollars. When an
expenditure within the department, other than the compensation of
persons employed therein in the department, exceeds fifteen twenty-five thousand dollars,
such the
expenditure shall first be authorized and directed by ordinance
of the city legislative authority. When so authorized and
directed, except where the contract is for equipment, services,
materials, or supplies to be purchased under division (D) of
section 713.23 or section 125.04 or 5513.01 of the Revised Code
or available from a qualified nonprofit agency pursuant to
sections 4115.31 to 4115.35 of the Revised Code, the director
shall make a written contract with the lowest and best bidder
after advertisement for not less than two nor more than four
consecutive weeks in a newspaper of general circulation within
the city.
Sec. 737.03. The director of public safety shall manage,
and
make all contracts with reference to the police stations,
fire
houses, reform schools, infirmaries, hospitals, workhouses,
farms,
pesthouses, and all other charitable and reformatory
institutions.
In the control and supervision of
those
institutions, the
director shall be governed by
the provisions of Title VII of the
Revised Code relating to
those institutions.
The director may make all contracts and expenditures of
money
for acquiring lands for the erection or repairing of
station
houses, police stations, fire department buildings, fire
cisterns,
and plugs, that are required, for the purchase of
engines,
apparatus, and all other supplies necessary for the
police and
fire departments, and for other undertakings and
departments under
the director's supervision, but no
obligation involving an
expenditure of more than
fifteen twenty-five thousand dollars shall be
created
unless first authorized and directed by ordinance. In
making,
altering, or modifying
those contracts, the director
shall be
governed by sections 735.05 to 735.09 of the Revised
Code, except
that all bids shall be filed with and opened by
the
director.
The director shall make no sale or disposition of
any
property
belonging to the city without first being authorized
by
resolution or
ordinance of the city legislative authority.
Sec. 753.22. (A) The director of public
safety or the joint
board established pursuant to section 753.15
of the Revised Code
may establish a commissary
for the workhouse. The commissary may
be established either
in-house or by another arrangement. If a
commissary is
established, all persons incarcerated in the
workhouse shall
receive commissary privileges. A person's
purchases from the
commissary shall be deducted from the person's
account record in
the workhouse's business office. The commissary
shall provide
for the distribution to indigent persons
incarcerated in the
workhouse necessary hygiene articles and
writing materials.
(B) If a commissary is established, the
director of public
safety or the joint board established pursuant
to section 753.15
of the Revised Code shall
establish a commissary fund for the
workhouse. The management of
funds in the commissary fund shall
be strictly controlled in
accordance with procedures adopted by
the auditor of
state. Commissary fund revenue over and above
operating costs
and reserve shall be considered profits. All
profits from the
commissary fund shall be used to purchase
supplies and equipment
for the benefit of persons incarcerated in
the workhouse
and to pay salary
and benefits for employees of the
workhouse, or for any other persons, who
work in or are employed
for the sole purpose of providing service to the
commissary. The
director of public safety or the joint board established pursuant
to section 753.15 of the Revised Code shall adopt
rules and
regulations for the operation of any commissary fund
the director
or the joint board establishes.
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, soil and water conservation districts established under Chapter 1515. of the Revised Code, and
charitable
organizations
described in division (B) of section 5301.69 of the Revised Code 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 this section, section 901.22 of the Revised Code, 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. 901.22. (A) The director of agriculture, in
accordance
with
Chapter 119. of the
Revised Code, shall adopt
rules that do
all of the following:
(1) Establish procedures and eligibility criteria for
making
matching grants to municipal corporations, counties,
townships, soil and water conservation districts established under Chapter 1515. of the Revised Code,
and charitable organizations described in division (B) of
section
5301.69 of the Revised Code for the purchase of agricultural
easements.
With respect to agricultural easements that are
purchased or proposed to be purchased with such matching grants
that consist in whole or in part of moneys from the clean Ohio
agricultural easement fund created in section 901.21 of the
Revised Code,
the rules
shall establish all of the following:
(a) Procedures for all of the following:
(i) Soliciting and accepting applications for matching
grants;
(ii) Participation by local governments and by the public
in
the process of making matching grants to charitable
organizations;
(iii) Notifying local governments, charitable
organizations,
and organizations that represent the interests of
farmers of the
ranking system established in rules adopted under
division
(A)(1)(b) of this section.
(b) A ranking system for applications for the matching
grants that is based on the soil type, proximity of the land or
other land that is conducive to agriculture as defined by rules
adopted under this section and that
is the subject of an
application to other agricultural land or other land that is
conducive to agriculture as defined by rules adopted under this
section and that
is already or is in
the process of becoming
permanently protected
from development,
farm stewardship,
development pressure, and, if
applicable, a
local comprehensive
land
use plan involved with a
proposed
agricultural easement. The
rules shall require that
preference be
given to proposed
agricultural easements that
involve the greatest
proportion of all
of the following:
(i) Prime soils, unique or locally important soils,
microclimates, or similar features;
(ii) Land that is adjacent to or that is in close
proximity
to other agricultural land or other land that is
conducive to
agriculture as defined by rules adopted under this
section and
that is already or is in the
process of becoming
permanently
protected from development, by
agricultural easement
or otherwise,
so that a buffer would exist
between the land
involving the
proposed agricultural easement and
areas that have
been developed
or likely will be developed for
purposes other than
agriculture;
(iii)
The use of best management practices, including
federally or state approved conservation plans, and a history of
substantial compliance with applicable federal and state laws;
(iv) Development pressure that is imminent, but not a
result
of current location in the direct path of urban
development;
(v) Areas identified for agricultural protection in local
comprehensive land use plans.
(c) Any other criteria that the director determines are
necessary for selecting applications for matching grants;
(d) Requirements regarding the information that must be
included in the annual monitoring report that must be prepared for
an agricultural easement under division (D)(E)(2) of section 5301.691
of the Revised Code, procedures for submitting a copy of the
report to the office of farmland preservation in the department of
agriculture, and requirements and procedures governing corrective
actions that may be necessary to enforce the terms of the
agricultural easement.
(2) Establish provisions that shall be included in the
instrument conveying to a municipal corporation, county,
township, soil and water conservation district,
or charitable organization any agricultural easement purchased
with
matching grant funds provided by the director under this
section, including, without limitation,
all of the following
provisions:
(a) A provision stating that an easement so
purchased may be
extinguished only if an unexpected
change in the conditions of or
surrounding the land that is
subject to the easement makes
impossible or impractical the
continued use of the land for the
purposes described in the
easement, or if the requirements of the
easement are extinguished
by judicial proceedings;
(b) A provision requiring that, upon the sale,
exchange, or
involuntary conversion of the land subject to
the easement, the
holder of the easement shall be paid an amount of money that
is
at
least equal to the proportionate value of the
easement compared to
the total value of the land at the time the
easement was acquired;
(c) A provision requiring that, upon receipt of the
portion
of the proceeds of a sale, exchange, or involuntary
conversion
described in division (A)(2)(b)
of this section, the municipal
corporation, county,
township, soil and water conservation district, or charitable organization remit to
the director an amount of money
equal to the percentage of the
cost
of purchasing the easement it received as a
matching grant
under this section.
Moneys received by the director pursuant to rules adopted
under division (A)(2)(c) of this
section shall be credited to the
agricultural easement purchase
fund created in section 901.21 of
the
Revised Code.
(3)
Establish a provision that provides a charitable
organization described in division (B) of section 5301.69 of the
Revised Code, municipal corporation, township, or county, or soil and water conservation district with the
option of purchasing agricultural easements either in installments
or with a lump sum payment. The rules shall include a requirement
that a charitable organization, municipal corporation, township,
or county, or soil and water conservation district negotiate with the seller of the agricultural easement
concerning any installment payment terms, including the dates and
amounts of payments and the interest rate on the outstanding
balance. The rules also shall require the director to approve any
method of payment that is undertaken in accordance with the rules
adopted under division (A)(3) of this section.
(4) Establish any other requirements that the director
considers to
be
necessary or appropriate to implement or
administer a program to
make
matching
grants under this section
and monitor those grants.
(B) The director may
develop guidelines regarding the
acquisition of agricultural
easements by the department of
agriculture and the
provisions of instruments conveying those
easements. The
director may make the guidelines available to
public and private
entities authorized to acquire and hold
agricultural
easements.
(C) The director may
provide technical assistance in
developing a program for the
acquisition and monitoring of
agricultural
easements to public and private entities authorized
to hold
agricultural easements. The technical assistance
may
include, without limitation, reviewing and providing
advisory
recommendations regarding draft instruments conveying
agricultural
easements.
(D) The director may
make matching grants from the
agricultural
easement purchase fund
and the clean Ohio
agricultural
easement fund to municipal corporations,
counties,
townships, soil and water conservation districts, and
charitable organizations described in division
(B)
of section
5301.69 of the Revised Code, to assist those political
subdivisions and charitable organizations
in purchasing
agricultural easements. Application
for a matching grant shall be
made on forms prescribed and
provided by the director. The
matching grants shall be made in
compliance with the criteria and
procedures established in rules
adopted under this section.
Instruments conveying
agricultural
easements purchased with
matching grant funds provided under
this section, at a minimum,
shall include the mandatory
provisions set forth in those rules.
Matching grants made under this division using moneys from
the clean Ohio agricultural easement fund created in section
901.21 of the
Revised
Code may provide up to seventy-five per cent
of the value
of an
agricultural easement as determined by a
general real estate
appraiser who is certified under Chapter 4763.
of the Revised
Code or as determined through a points based appraisal system that is recommended by the director. The method of appraisal that is used shall be determined by the director. Not less than twenty-five per cent of the
value of the
agricultural easement shall be provided by the
recipient of the
matching grant or donated by the person who is
transferring the
easement to the grant recipient. The amount of
such a matching
grant used for the purchase of a single
agricultural easement
shall not exceed one million dollars.
(E)
For any agricultural easement purchased with a matching
grant that consists in whole or in part of moneys from the clean
Ohio agricultural easement fund, the director shall be named as a
grantee on the instrument conveying the easement, as shall the
municipal corporation, county, township, soil and water conservation district, or charitable
organization that receives the grant.
(F)(1) The director shall monitor and evaluate the
effectiveness
and efficiency of the agricultural easement program
as a farmland preservation
tool. On or before July 1, 1999, and
the first day of July
of each year thereafter, the director shall
prepare and submit a report to the
chairpersons of the standing
committees of the senate and the house of
representatives that
consider legislation regarding agriculture. The report
shall
consider and address the following criteria to determine the
program's
effectiveness:
(a) The number of agricultural easements purchased during
the
preceding year;
(b) The location of those easements;
(c) The number of acres of land preserved for agricultural
use;
(d) The amount of money used by a municipal corporation,
township,
or county, or soil and water conservation district from its general fund or special any fund to
purchase the agricultural
easements;
(e) The number of state matching grants given to purchase
the
agricultural easements;
(f) The amount of state matching grant moneys used to
purchase
the agricultural easements.
(2) The report also shall consider and include, at a
minimum, the
following information for each county to determine
the program's efficiency:
(a) The total number of acres in the county;
(b) The total number of acres in current agricultural use;
(c) The total number of acres preserved for agricultural use
in
the preceding year;
(d) The average cost, per acre, of land preserved for
agricultural use in the preceding year.
Sec. 901.63. (A) The agricultural financing commission
shall do
both of the following until July 1,
2003 October 15, 2005:
(1) Make recommendations to the director of agriculture
about financial
assistance applications made pursuant to
sections
901.80 to 901.83 of the Revised Code. In
making its
recommendations, the commission shall
utilize criteria established
by rules adopted under division
(A)(8)(b) of section 901.82 of the
Revised Code.
(2) Advise the director in the administration of sections
901.80 to 901.83
of the Revised Code.
With respect to sections 901.80 to 901.83 of the
Revised
Code, the role of the
commission is solely advisory. No officer,
member, or employee
of the commission is liable for damages in a
civil action for any injury,
death, or loss to person or property
that allegedly arises out of purchasing
any loan or providing a
loan
guarantee, failure to purchase a loan or provide a loan
guarantee, or failure
to take action under sections 901.80 to
901.83 of the Revised
Code, or that allegedly arises out of any
act or
omission of the department of agriculture that involves
those
sections.
(1) Adopt bylaws for the conduct of its business;
(2) Exercise all rights, powers, and duties conferred on
the
commission as an issuer under Chapter 902. of the Revised
Code;
(3) Contract with, retain, or designate financial
consultants, accountants, and such other consultants and
independent contractors as the commission may determine to be
necessary or appropriate to carry out the purposes of this
chapter
and to fix the terms of those contracts;
(4) Undertake and carry out or authorize the completion of
studies and analyses of agricultural conditions and needs within
the state relevant to the purpose of this chapter to the extent
not otherwise undertaken by other departments or agencies of the
state satisfactory for
that purpose;
(5) Acquire by gift, purchase, foreclosure, or other
means,
and hold, assign, pledge, lease, transfer, or otherwise
dispose
of, real and personal property, or any interest in
that real and
personal property,
in the exercise of its powers and the
performance of its duties
under this chapter and Chapter 902. of
the Revised Code;
(6) Receive and accept gifts, grants, loans, or any other
financial or other form of aid from any federal, state, local, or
private agency or fund and enter into any contract with any such
agency or fund in connection therewith, and receive and accept
aid
or contributions from any other source of money, property,
labor,
or things of value, to be held, used, and applied only for
the
purposes for which
the grants and contributions are made,
all
within the purposes of this chapter and Chapter 902. of the
Revised Code;
(7) Sue and be sued in its own name with respect to its
contracts or to enforce this chapter or its obligations or
covenants made under this chapter and Chapter 902. of the Revised
Code;
(8) Make and enter into all contracts, commitments, and
agreements, and execute all instruments necessary or incidental
to
the performance of its duties and the execution of its powers
under this chapter and Chapter 902. of the Revised Code;
(9) Adopt an official seal;
(10) Do any and all things necessary or appropriate to
carry
out the public purposes and exercise the powers granted to
the
commission in this chapter and Chapter 902. of the Revised
Code
and the public purposes of Section 13 of Article VIII, Ohio
Constitution.
Any instrument by which real property is acquired pursuant to
this section
shall identify the agency of the state that has the
use and benefit of the
real property as specified in section
5301.012 of the Revised Code.
Sec. 901.85. There is hereby created in the state treasury the farm service agency electronic filing fund, which shall consist of money reimbursed to the fund by the farm service agency in the United States department of agriculture together with any money appropriated to the fund by the general assembly. The director of agriculture shall use money credited to the fund to pay the secretary of state for fees that the secretary of state charges in advance for the electronic filing by the farm service agency of financing statements related to agricultural loans that the farm service agency disburses.
Sec. 902.11. (A) Any real or personal property, or both,
of
an issuer which that is acquired, constructed, reconstructed,
enlarged,
improved, furnished, or equipped, or any combination
thereof, and
leased or subleased under authority of this chapter
shall be
subject to ad valorem, sales, use, and franchise taxes
and to
zoning, planning, and building regulations and fees, to
the same
extent and in the same manner as if the lessee-user or
sublessee-user thereof, rather than the issuer, had acquired,
constructed, reconstructed, enlarged, improved, furnished, or
equipped, or any combination thereof, such real or personal
property, and title thereto was in the name of such lessee-user
or
sublessee-user.
The transfer of tangible personal property by lease or
sublease under authority of this chapter is not a sale as used in
Chapter 5739. of the Revised Code. The exemptions provided in
divisions (B)(1) and
(14)(13) of section 5739.02 of the Revised Code
shall not be applicable to purchases for a project under this
chapter.
An issuer shall be exempt from all taxes on its real or
personal property, or both, which has been acquired, constructed,
reconstructed, enlarged, improved, furnished, or equipped, or any
combination thereof, under this chapter so long as such property
is used by the issuer for purposes which would otherwise exempt
such property; has ceased to be used by a former lessee-user or
sublessee-user and is not occupied or used; or has been acquired
by the issuer but development has not yet commenced. The
exemption shall be effective as of the date the exempt use
begins.
All taxes on the exempt real or personal property for
the year
should be prorated and the taxes for the exempt portion
of the
year shall be remitted by the county auditor.
(B) Bonds issued under this chapter, the transfer thereof,
and the interest and other income from the bonds, including any
profit made on the sale thereof, are free from taxation within
the
state.
Sec. 921.151. The pesticide program fund is hereby created in the state
treasury. All The portion of the money in the fund that is collected under this chapter shall be used to carry out the purposes of
this chapter. The portion of the money in the fund that is collected under section 927.53 of the Revised Code shall be used to carry out the purposes specified in that section, 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, division (F) of section 927.53, 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. 927.53. (A) Each collector or dealer who sells,
offers, or exposes for sale, or distributes nursery stock within
this state, or ships nursery stock to other states, shall pay an
annual license fee of fifty dollars to the director of
agriculture for each place of business he the collector or
dealer operates.
(B)(1) Each dealer shall furnish the director, annually,
an affidavit that he the dealer will buy and sell only nursery
stock which has been inspected and certified by an official state or federal
inspector.
(2) Each dealer's license expires on the thirty-first day
of December of each year. Each licensed dealer shall apply for
renewal of his the dealer's license prior to the first day of
January of each year and in accordance with the standard renewal procedure of
sections 4745.01 to 4745.03 of the Revised Code.
(C) Each licensed nurseryman nurseryperson shall post
conspicuously in his the nurseryperson's principal place of
business, the certificate which is issued
to him the nurseryperson in accordance with section 927.61 of
the Revised Code.
(D) Each licensed nurseryman nurseryperson, or dealer, shall
post conspicuously in each place of business, each certificate or
license which is issued to him the nurseryperson or dealer in
compliance with this section or
section 927.61 of the Revised Code.
(E)(1) Each nurseryman nurseryperson who produces, sells,
offers for sale, or distributes woody nursery stock within the state, or
ships woody nursery stock to other states, shall pay to the
director an annual inspection fee of fifty dollars plus four
dollars per acre, or fraction thereof, of growing nursery stock
in intensive production areas and two dollars per acre, or
fraction thereof, of growing nursery stock in nonintensive
production areas, as applicable.
(2) Each nurseryman nurseryperson who limits his
production and sales of nursery stock to brambles, herbaceous, perennial, and
other nonwoody plants, shall pay to the director an inspection fee of
thirty dollars, plus four dollars per acre, or fraction thereof,
of growing nursery stock in intensive and nonintensive production
areas.
(F) On and after the effective date of this amendment, the following additional fees shall be assessed:
(1) Each collector or dealer who pays a fee under division (A) of this section shall pay an additional fee of twenty-five dollars.
(2) Each nurseryperson who pays fees under division (E)(1) of this section shall pay additional fees as follows:
(a) Fifteen dollars for the inspection fee;
(b) Fifty cents per acre, or fraction thereof, of growing nursery stock in intensive production areas;
(c) One dollar and fifty cents per acre, or fraction thereof, of growing nursery stock in nonintensive production areas.
(3) Each nursery person who pays fees under division (E)(2) of this section shall pay additional fees as follows:
(a) Thirty-five dollars for the inspection fee;
(b) Fifty cents per acre, or fraction thereof, of growing stock in intensive and nonintensive production areas.
The fees collected under division (F) of this section shall be deposited into the state treasury to the credit of the pesticide program fund created in Chapter 921. of the Revised Code. Moneys so credited to the fund shall be used to pay the costs incurred by the department of agriculture in administering this chapter, including employing a minimum of two additional inspectors.
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 section, 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) Agricultural products and their conveyances 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 administering this chapter, including employing a minimum of two additional 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. 929.01. As used in Chapter 929. of the Revised Code this chapter:
(A)
"Agricultural production" means commercial
aquaculture,
apiculture, animal husbandry, or poultry husbandry;
the production
for a commercial purpose of timber, field crops,
tobacco, fruits,
vegetables, nursery stock, ornamental shrubs,
ornamental trees,
flowers, or sod; the growth of timber for a
noncommercial purpose,
if the land on which the timber is grown
is contiguous to or part
of a parcel of land under common
ownership that is otherwise
devoted exclusively to agricultural
use; or any combination of
such husbandry, production, or growth;
and includes the
processing, drying, storage, and marketing of
agricultural
products when those activities are conducted in
conjunction with
such husbandry, production, or growth.
"Agricultural production" includes conservation practices, provided that the tracts, lots, or parcels of land or portions thereof that are used for conservation practices comprise not more than twenty-five per cent of tracts, lots, or parcels of land that are otherwise devoted exclusively to agricultural use and for which an application is filed under section 929.02 of the Revised Code.
(B)
"Withdrawal from an agricultural district" includes
the
explicit removal of land from an agricultural district,
conversion
of land in an agricultural district to use for
purposes other than
agricultural production, and withdrawal of
land from a land
retirement or conservation program to use for
pusposes
purposes
other than agricultural production.
Withdrawal from an
agricultural district does not include land described in division
(A)(4) of section 5713.30 of the Revised Code.
(C) "Conservation practice" has the same meaning as in section 5713.30 of the Revised Code.
Sec. 955.51. (A) Any owner of horses, sheep, cattle,
swine, mules, goats, domestic rabbits, or domestic fowl or
poultry that have an aggregate fair market value of ten dollars
or more and that have been injured or killed by a coyote or a black vulture shall
notify the dog warden within three days after the loss or injury
has been discovered. The dog warden promptly shall investigate the loss
or injury and shall determine whether or not the loss
or injury was made by a coyote or a black vulture. If the dog warden finds that the
loss or injury was not made by a coyote or a black vulture, the owner has no claim
under sections 955.51 to 955.53 of the Revised Code. If the dog
warden finds that the loss or injury was made by a coyote or a black vulture, he the dog warden
promptly shall notify the wildlife officer of that finding. The
wildlife officer then shall confirm the finding, disaffirm it, or state that
he the wildlife officer is
uncertain about the finding. If the wildlife officer affirms the
finding of the dog warden or states that he the wildlife officer is uncertain about
that finding, the owner may proceed with his a claim under sections
955.51 to 955.53 of the Revised Code, and the dog warden shall
provide the owner with duplicate copies of the claim form
provided for in section 955.53 of the Revised Code and assist him the owner
in filling it out. The owner shall set forth the kind, grade,
quality, and what he the owner has determined is the fair market value of
the animals, fowl, or poultry, the nature and amount of the loss
or injury, the place where the loss or injury occurred, and all
other pertinent facts in the possession of the claimant. If the
animals, fowl, or poultry die as a result of their injuries,
their fair market value is the market value of uninjured animals,
fowl, or poultry on the date of the death of the injured animals,
fowl, or poultry. If the animals, fowl, or poultry do not die as
a result of their injuries, their fair market value is their
market value on the date on which they received their injuries.
(B) If the dog warden finds all the statements that the
owner made on the form to be correct and agrees with the owner as
to the fair market value of the animals, fowl, or poultry, he the dog warden
promptly shall so certify and send both copies of the form,
together with whatever other documents, testimony, or information
he the dog warden has received relating to the loss or injury, to the department
of agriculture.
(C) If the dog warden does not find all the statements to
be correct or does not agree with the owner as to the fair market
value, the owner may appeal to the department of agriculture for
a determination of his the owner's claim. In that case the owner shall
secure statements as to the nature and amount of the loss or
injury from at least two witnesses who viewed the results of the
killing or injury and who can testify about the results and shall
submit both copies of the form to the department no later than
twenty days after the loss or injury was discovered. The dog
warden shall submit to the department whatever documents,
testimony, and other information he the dog warden has received relating to the
loss or injury. The department shall receive any other
information or testimony that will enable it to determine the
fair market value of the animals, fowl, or poultry injured or
killed.
(D) If the animals, fowl, or poultry described in division
(A) of this section are registered in any accepted association or
registry, the owner or his the owner's employee or tenant shall submit with
the claim form the registration papers showing the lines of
breeding, age, and other relevant matters. If the animals are
the offspring of registered stock and eligible for registration,
the registration papers showing the breeding of the offspring
shall be submitted.
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. 1317.07. No retail installment contract authorized by
section 1317.03 of the Revised Code that is executed in
connection with any retail installment sale shall evidence any
indebtedness in excess of the time balance fixed in the written
instrument in compliance with section 1317.04 of the Revised
Code, but it may evidence in addition any agreements of the
parties for the payment of delinquent charges, as provided for in
section 1317.06 of the Revised Code, taxes, and any lawful fee
actually paid out, or to be paid out, by the retail seller to any
public officer for filing, recording, or releasing any instrument
securing the payment of the obligation owed on any retail
installment contract. No retail seller, directly or indirectly,
shall charge, contract for, or receive from any retail buyer, any
further or other amount for examination, service, brokerage,
commission, expense, fee, or other thing of value. A documentary
service charge customarily and presently being paid on May 9,
1949, in a particular business and area may be charged if the
charge does not exceed fifty one hundred dollars per sale.
No retail seller shall use multiple agreements with respect
to a single item or related items purchased at the same time,
with intent to obtain a higher charge than would otherwise be
permitted by Chapter 1317. of the Revised Code or to avoid
disclosure of an annual percentage rate, nor by use of such
agreements make any charge greater than that which would be
permitted by Chapter 1317. of the Revised Code had a single
agreement been used.
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. 1337.11. As used in sections 1337.11 to 1337.17 of
the Revised Code:
(A) "Adult" means a person who is eighteen years of age or
older.
(B) "Attending physician" means the physician to whom a
principal or the family of a principal has assigned primary
responsibility for
the treatment or care of the principal or, if the responsibility has not been
assigned, the physician
who has accepted that responsibility.
(C) "Comfort care" means any of the following:
(1) Nutrition when administered to diminish the pain or
discomfort of a principal, but not to postpone death;
(2) Hydration when administered to diminish the pain or
discomfort of a principal, but not to postpone death;
(3) Any other medical or nursing procedure, treatment,
intervention, or other measure that is taken to diminish the pain
or discomfort of a principal, but not to postpone death.
(D) "Consulting physician" means a physician who, in
conjunction with the attending physician of a principal, makes
one or more determinations that are required to be made by the
attending physician, or to be made by the attending physician and
one other physician, by an applicable provision of sections
1337.11 to 1337.17 of the Revised Code, to a reasonable degree of
medical certainty and in accordance with reasonable medical
standards.
(E) "Guardian" means a person appointed by a probate court
pursuant to Chapter 2111. of the Revised Code to have the care
and management of the person of an incompetent.
(F) "Health care" means any care, treatment, service, or
procedure to maintain, diagnose, or treat an individual's
physical or mental condition.
(G) "Health care decision" means informed consent, refusal
to give informed consent, or withdrawal of informed consent to
health care.
(H) "Health care facility" means any of the following:
(2) A hospice care program or other institution that
specializes in comfort care of patients in a terminal condition
or in a permanently unconscious state;
(4) A home health agency;
(5) An intermediate care facility for the mentally
retarded.
(I) "Health care personnel" means physicians, nurses,
physician assistants, emergency medical
technicians-basic,
emergency medical
technicians-intermediate, emergency
medical technicians-paramedic, medical technicians, dietitians,
other authorized persons acting under the direction of an
attending physician, and administrators of health care
facilities.
(J) "Home health agency" has the same meaning as in
section 3701.88 3701.881 of the Revised Code.
(K) "Hospice care program" has the same meaning as in
section 3712.01 of the Revised Code.
(L) "Hospital" has the same meanings as in sections
2108.01, 3701.01, and 5122.01 of the Revised Code.
(M) "Hydration" means fluids that are artificially or
technologically administered.
(N) "Incompetent" has the same meaning as in section
2111.01 of the Revised Code.
(O) "Intermediate care facility for the mentally retarded"
has the same meaning as in section 5111.20 of the Revised Code.
(P) "Life-sustaining treatment" means any medical
procedure, treatment, intervention, or other measure that, when
administered to a principal, will serve principally to prolong
the process of dying.
(Q) "Medical claim" has the same meaning as in section
2305.11 of the Revised Code.
(R) "Nursing home" has the same meaning as in section
3721.01 of the Revised Code.
(S) "Nutrition" means sustenance that is artificially or
technologically administered.
(T) "Permanently unconscious state" means a state of
permanent unconsciousness in a principal that, to a reasonable
degree of medical certainty as determined in accordance with
reasonable medical standards by the principal's attending
physician and one other physician who has examined the principal,
is characterized by both of the following:
(1) Irreversible unawareness of
one's being and
environment.
(2) Total loss of cerebral cortical
functioning, resulting in the principal having no capacity to
experience pain or suffering.
(U) "Person" has the same meaning as in section 1.59 of
the Revised Code and additionally includes political subdivisions
and governmental agencies, boards, commissions, departments,
institutions, offices, and other instrumentalities.
(V) "Physician" means a person who is authorized under
Chapter 4731. of the Revised Code to practice medicine and surgery
or osteopathic medicine and surgery.
(W) "Political subdivision" and "state" have the same
meanings as in section 2744.01 of the Revised Code.
(X) "Professional disciplinary action" means action taken
by the board or other entity that regulates the professional
conduct of health care personnel, including the state medical
board and the board of nursing.
(Y) "Terminal condition" means an irreversible, incurable,
and untreatable condition caused by disease, illness, or injury
from which, to a reasonable degree of medical certainty as
determined in accordance with reasonable medical standards by a
principal's attending physician and one other physician who has
examined the principal, both of the following apply:
(1) There can be no recovery.
(2) Death is likely to occur within a relatively short
time if life-sustaining treatment is not administered.
(Z) "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. 1346.02. Any tobacco product manufacturer selling cigarettes to
consumers within the state (whether directly or through a distributor,
retailer
or similar intermediary or intermediaries) after the effective date of this
section June 30, 1999 shall do one of the
following:
(A) Become a participating manufacturer (as that term is defined
in section II(jj) of the Master
Settlement
Agreement) and generally perform its financial obligations under the
Master Settlement Agreement; or
(B)(1) Place into a qualified escrow fund by April 15 of
the year following the year in question the following amounts (as such amounts
are adjusted for inflation):
1999: $.0094241 per unit sold after the effective date of this section
June 30, 1999;
2000: $.0104712 per unit sold;
For each of 2001 and 2002: $.0136125 per unit sold;
For each of 2003 through 2006: $.0167539 per unit sold;
For each of 2007 and each year thereafter: $.0188482 per unit sold.
(2) A tobacco product manufacturer that places funds into escrow pursuant
to division (B)(1) of this section shall receive the interest or
other appreciation on such funds as earned. Such funds themselves shall be
released from escrow only under the following circumstances:
(a) To pay a judgment or settlement on any released claim brought
against such tobacco product manufacturer by the state or any releasing party
located or residing in the state. Funds shall be released from escrow under
division (B)(2)(a) of this section:
(i) In the order in which they were placed into escrow; and
(ii) Only to the extent and at the time necessary to make
payments required under such judgment or settlement.
(b) To the extent that a tobacco product manufacturer establishes
that the amount it was required to place into escrow on account of units sold in the state in a particular year was
greater than the state's allocable share of the total payments that such
manufacturer would have been required to make in that year under the
Master Settlement Agreement ( payments, as determined pursuant
to section IX(i)(2) IX(i) of the Master
Settlement that Agreement, and before any of the adjustments or
offsets described in section IX(i)(3) of that
Agreement other the the inflation adjustment) including after final determination of all adjustments, that such manufacturer would have been required to make on account of such units sold had it been a
participating manufacturer, the excess shall be released from escrow and
revert back to such tobacco product manufacturer; or
(c) To the extent not released from escrow under division
(B)(2)(a) or (b) of this section,
funds shall be released from escrow and revert back to such tobacco product
manufacturer twenty-five years after the date on which they were placed into
escrow.
(3) Each tobacco product manufacturer that elects to place funds into
escrow pursuant to division (B) of this section shall annually
certify to the attorney general that it is in compliance with division
(B) of this section. The attorney general may bring a civil action
on behalf of the state against any tobacco product manufacturer that fails to
place into escrow the funds required under this section. Any tobacco product
manufacturer that fails in any year to place into escrow the funds required
under this section shall:
(a) Be required within fifteen days to place such funds into
escrow as shall bring it into compliance with this section. The court, upon a
finding of a violation of division (B) of this section, may impose a
civil penalty to be paid to the general revenue fund of the state in an amount
not to exceed five per cent of the amount improperly withheld from escrow per
day of the violation and in a total amount not to exceed one hundred per cent
of the original amount improperly withheld from escrow;
(b) In the case of a knowing violation, be required within
fifteen days to place such funds into escrow as shall bring it into compliance
with this section. The court, upon a finding of a knowing violation of
division (B) of this section, may impose a civil penalty to be paid
to the general revenue fund
of the state in an amount not to exceed fifteen per cent of the amount
improperly withheld from escrow per day of the violation and in a total amount
not to exceed three hundred per cent of the original amount improperly
withheld from escrow; and
(c) In the case of a second knowing violation, be prohibited from
selling cigarettes to consumers within the state (whether directly or through
a distributor, retailer or similar intermediary) for a period not to exceed
two years.
Each failure to make an annual deposit required under this section shall
constitute a separate violation.
Sec. 1346.04. As used in this section and sections 1346.05 to 1346.10 of the Revised Code:
(A) "Brand family" means all styles of cigarettes sold under the same trademark and differentiated from one another by means of additional modifiers or descriptors, including, but not limited to, "menthol," "lights," "kings," and "100s." "Brand family" includes cigarettes sold under any brand name (whether that name is used alone or in conjunction with any other word), trademark, logo, symbol, motto, selling message, recognizable pattern of colors, or other indicia of product identification identical or similar to, or identifiable with, a previous brand of cigarettes.
(B) "Cigarette," "Master Settlement Agreement," "qualified escrow fund," "tobacco product manufacturer," and "units sold" have the same meanings as in section 1346.01 of the Revised Code.
(C) "Nonparticipating manufacturer" means any tobacco product manufacturer that is not a participating manufacturer.
(D) "Participating manufacturer" means a participating manufacturer as that term is defined in section II(jj) of the Master Settlement Agreement and all amendments to that agreement.
(E) "Stamping agent" means a person who is authorized to affix tax stamps to packages or other containers of cigarettes under section 5743.03 of the Revised Code or a person who is required to pay the excise tax imposed on cigarettes and other tobacco products under sections 5743.03 and 5743.51 of the Revised Code.
Sec. 1346.05. (A)(1) Every tobacco product manufacturer whose cigarettes are sold in this state either directly or through a distributor, retailer, or other intermediary shall execute and deliver to the attorney general an annual certification, made under penalty of falsification, stating that, as of the date of the certification, the tobacco manufacturer is either a participating manufacturer or a nonparticipating manufacturer in full compliance with section 1346.02 of the Revised Code, including full compliance with all quarterly installment payment requirements, if required to make such payments by an administrative rule adopted by the attorney general. The certification shall be on a form prescribed by the attorney general and shall be filed not later than the thirtieth day of April in each year.
(2) Each participating manufacturer shall include in its certification a list of its brand families. Thirty days before making any additions to or modifications of its brand families, a participating manufacturer shall update its brand family list by executing and delivering a supplemental certification to the attorney general.
(3) Each nonparticipating manufacturer shall include all of the following in its certification:
(a) A list of all of its brand families and the number of units sold during the preceding calendar year for each brand family, and a list of all of its brand families that have been sold in the state at any time during the current calendar year. The list shall indicate, by an asterisk, any brand family that was sold in the state during the preceding calendar year and that is no longer being sold in the state as of the date of the certification. The list shall identify by name and address any other manufacturer in the preceding or current year of the brand families included on the list. Thirty days before making any additions to or modifications of its brand families, a nonparticipating manufacturer shall update its brand family list by executing and delivering a supplemental certification to the attorney general.
(b) A statement that the nonparticipating manufacturer is registered to do business in this state, or has appointed an agent for service of process in this state and provided notice of that appointment as required by section 1346.06 of the Revised Code;
(c) A certification that the nonparticipating manufacturer has established and continues to maintain a qualified escrow fund under section 1346.02 of the Revised Code and that the qualified escrow fund is governed by a qualified escrow agreement executed by the nonparticipating manufacturer and reviewed and approved by the attorney general;
(d) All of the following information regarding the qualified escrow fund the nonparticipating manufacturer is required to establish and maintain under section 1346.02 of the Revised Code and the rules adopted under that section:
(i) The name, address, and telephone number of the financial institution at which the nonparticipating manufacturer has established its qualified escrow fund;
(ii) The account number of the qualified escrow fund and any subaccount number for the state;
(iii) The amount that the nonparticipating manufacturer deposited in the qualified escrow fund for cigarettes sold in the state during the preceding calendar year, the date and amount of each deposit, and any evidence or verification the attorney general deems necessary to confirm those deposits;
(iv) The amount and date of any withdrawal or transfer of funds the nonparticipating manufacturer made at any time from any qualified escrow fund into which it ever made payments under section 1346.02 of the Revised Code and the rules adopted under that section.
(e) A statement that the nonparticipating manufacturer is in full compliance with this section and sections 1346.02, 1346.06, and 1346.07 of the Revised Code and any rules adopted under those sections.
(4)(a) No tobacco product manufacturer shall include a brand family in its certification unless either of the following applies:
(i) In the case of a participating manufacturer, the participating manufacturer affirms that the cigarettes in the brand family shall be deemed to be its cigarettes for the purpose of calculating its payments under the Master Settlement Agreement for the relevant year in the volume and shares determined pursuant to that agreement.
(ii) In the case of a nonparticipating manufacturer, the nonparticipating manufacturer affirms that the cigarettes in the brand family shall be deemed to be its cigarettes for the purpose of section 1346.02 of the Revised Code.
(b) Nothing in this section limits or shall be construed to limit the state's authority to determine that the cigarettes in a brand family constitute the cigarettes of another tobacco product manufacturer for the purpose of calculating payments under the Master Settlement Agreement or for the purpose of section 1346.02 of the Revised Code.
(5) Each tobacco product manufacturer shall maintain all invoices and documentations of sales and other information relied upon for its certification for a period of at least five years.
(B)(1) Except as otherwise provided in division (B)(3) of this section, the attorney general shall develop and publish on its web site a directory listing all tobacco product manufacturers that have provided current and accurate certifications under division (A) of this section and all brand families listed in those certifications.
(2)(a) The attorney general shall update the directory as necessary to correct mistakes or to add or remove a tobacco product manufacturer or brand family to keep the directory in conformity with the requirements of this section. At least ten days before any tobacco product manufacturer or brand family is added to or removed from the directory, the attorney general shall publish notice of the pending addition or removal online in the directory and shall notify the tax commissioner of those pending changes. At least ten days before such addition or removal, the tax commissioner shall transmit by electronic mail or other practicable means to each stamping agent notice of the pending addition or removal.
(b) Unless an agreement between a stamping agent and a tobacco product manufacturer provides otherwise, a tobacco product manufacturer that is removed from the directory or whose brand family is removed from the directory shall refund to the stamping agent any money paid by the stamping agent to the tobacco product manufacturer for cigarettes of that tobacco product manufacturer that are in the possession of the stamping agent at the time the stamping agent receives notice of the pending removal of the tobacco product manufacturer or a brand family of that tobacco product manufacturer from the directory under division (B)(2)(a) of this section.
(c) The tax commissioner shall notify the attorney general of any tobacco product manufacturer that fails to refund money to a stamping agent under division (B)(2)(b) of this section. The attorney general shall not restore to the directory any tobacco product manufacturer or brand family of a tobacco product manufacturer until the tobacco product manufacturer has paid the stamping agent any required refund. Once a required refund has been so paid, the tax commissioner shall notify the attorney general of that payment.
(3) The attorney general shall not include or retain in the directory a nonparticipating manufacturer or a brand family of a nonparticipating manufacturer if any of the following applies:
(a) The nonparticipating manufacturer fails to provide the required certification under this section, or the attorney general determines that the certification is not in compliance with the requirements of this section, unless the attorney general determines that the violation has been cured to the attorney general's satisfaction.
(b) The attorney general determines that any escrow payment required under section 1346.02 of the Revised Code for any period for any brand family of the nonparticipating manufacturer, regardless of whether the brand family is listed by the nonparticipating manufacturer in its certification under this section, has not been fully paid into a qualified escrow fund governed by a qualified escrow agreement that has been approved by the attorney general.
(c) The attorney general determines that the nonparticipating manufacturer has not fully satisfied any outstanding final judgment, including interest, for a violation of section 1346.02 of the Revised Code.
(4) Each stamping agent shall provide an electronic mail address to the tax commissioner for the purpose of receiving notifications under division (B)(2) of this section. As necessary, each stamping agent shall update the agent's electronic mail address with the tax commissioner.
(C)(1) No person shall do any of the following:
(a) Affix a tax stamp to a package or other container of cigarettes of a tobacco product manufacturer or a brand family that is not included in the directory;
(b) Sell, offer for sale, or possess for sale in this state cigarettes of a tobacco product manufacturer or a brand family that is not included in the directory;
(c) Sell or distribute cigarettes that have had a tax stamp affixed while the tobacco product manufacturer or brand family of those cigarettes was not included in the directory;
(d) Acquire, hold, own, possess, transport, import, or cause to be imported cigarettes that the person knows or should know are intended for distribution or sale in this state and that have had a tax stamp affixed while the tobacco product manufacturer or brand family of those cigarettes was not included in the directory;
(e) Acquire, hold, own, possess, transport, import, or cause to be imported cigarettes that the person knows or should know are intended for distribution or sale in this state and that are the cigarettes of a tobacco product manufacturer or a brand family that is not included in the directory.
(2) Except as otherwise provided in this division, a violation of division (C)(1) of this section is a misdemeanor of the first degree. If the offender has a previous conviction for a violation of that division, a violation of division (C)(1) of this section is a felony of the fourth degree.
(3) Any cigarettes sold, offered for sale, or possessed for sale in violation of division (C)(1) of this section shall be considered contraband under section 5743.21 of the Revised Code, and those cigarettes shall be subject to seizure and forfeiture under that section. Cigarettes so seized and forfeited shall not be resold and shall be destroyed.
Sec. 1346.06. (A)(1) Any nonresident or foreign nonparticipating manufacturer that has not registered to do business in the state as a foreign corporation or business entity, as a condition precedent to having its brand families included or retained in the directory developed and published by the attorney general under section 1346.05 of the Revised Code, shall appoint, and continually engage without interruption the services of, an agent in the state to act as agent for the service, in any manner authorized by law, of all process pertaining to any action or proceeding in the courts of this state against the manufacturer concerning or arising out of the enforcement of this chapter.
(2) Service on a nonparticipating manufacturer's agent shall constitute legal and valid service of process on the manufacturer.
(3) A nonparticipating manufacturer shall provide the attorney general, to the satisfaction of the attorney general, with proof of the appointment of, and notice of the name, address, telephone number, and availability of, the manufacturer's agent.
(B)(1) If a nonparticipating manufacturer decides to terminate its agent's appointment, the manufacturer shall provide notice of the termination to the attorney general thirty calendar days prior to the termination and shall provide proof, to the satisfaction of the attorney general, of the appointment of a new agent not less than five calendar days prior to the termination.
(2) If a nonparticipating manufacturer's agent terminates the agent's appointment, the manufacturer shall provide notice of the termination to the attorney general and include proof, to the satisfaction of the attorney general, of the appointment of a new agent within five calendar days of the termination.
(C)(1) Any nonparticipating manufacturer whose cigarettes are sold in the state and who has not appointed and continually engaged an agent in accordance with divisions (A) and (B) of this section shall be deemed to have appointed the secretary of state as the manufacturer's agent and may be proceeded against in any action or proceeding in the courts of the state described in division (A) of this section by service of process on the secretary of state.
(2) The deemed appointment of the secretary of state as a nonparticipating manufacturer's agent does not satisfy the requirements of divisions (A)(3)(b) and (B)(1) of section 1346.05 of the Revised Code that a nonparticipating manufacturer that has not registered to do business in the state shall appoint an agent for service of process as a condition precedent to the existence of an accurate certification permitting the manufacturer's brand families to be included or retained in the directory.
Sec. 1346.07. (A) Not later than the last day of each month or less frequently if so directed by the tax commissioner, each stamping agent shall submit information for the previous month or for the relevant time period, if directed by the tax commissioner to make the submission less frequently, which the tax commissioner requires to facilitate compliance with sections 1346.05 to 1346.10 of the Revised Code. The information shall include, but is not limited to, a list by brand family of the total number of cigarettes, or, in the case of roll-your-own, the equivalent stick count, for which the stamping agent during the period covered by the report affixed stamps or otherwise paid the tax due.
The stamping agent shall maintain and make available to the tax commissioner all invoices and documentations of sales of all nonparticipating manufacturer cigarettes and any other information the agent relies upon in submitting information under this division to the tax commissioner. This duty shall be for a period of five years from the date of each submission of information under this division.
(B) The attorney general at any time may require a nonparticipating manufacturer to provide proof, from the financial institution in which the manufacturer has established a qualified escrow fund under section 1346.02 of the Revised Code, of the amount of money in the fund, exclusive of interest, the amount and date of each deposit in the fund, and the amount and date of each withdrawal from the fund.
(C) In addition to the information required to be submitted or provided to the tax commissioner and the attorney general under divisions (A) and (B) of this section, the attorney general may require a stamping agent or tobacco product manufacturer to submit any additional information necessary to enable the attorney general to determine whether a manufacturer is in compliance with sections 1346.05 to 1346.10 of the Revised Code. The information shall include, but is not limited to, samples of the packaging or labeling of each brand family.
(D) The tax commissioner and the attorney general shall share information received under sections 1346.05 to 1346.10 of the Revised Code for purposes of determining compliance with and enforcement of those sections. The tax commissioner and the attorney general also may share information received under these sections with federal, state, or local agencies for purposes of the enforcement of this chapter or corresponding laws of other states.
Sec. 1346.08. (A) The tax commissioner and the attorney general may adopt administrative rules necessary to implement sections 1346.05 to 1346.10 of the Revised Code.
(B) Subject to the requirements of section 1346.05 of the Revised Code, the attorney general may adopt an administrative rule requiring a tobacco product manufacturer to make required escrow deposits in quarterly installments during the year in which the sales covered by the deposits are made. If the attorney general adopts such a rule, the tax commissioner may require a tobacco product manufacturer or a stamping agent to produce information sufficient to enable the tax commissioner and the attorney general to determine the adequacy of the amount of an installment deposit.
Sec. 1346.09. (A) The attorney general, on behalf of the tax commissioner, may seek an injunction to restrain a threatened or actual violation of division (C)(1) of section 1346.05 of the Revised Code or division (A) or (C) of section 1346.07 of the Revised Code by a stamping agent and to compel the stamping agent to comply with those divisions.
(B) In any action brought by the state to enforce sections 1346.05 to 1346.10 of the Revised Code, the state shall be entitled to recover the costs of the investigation, expert witness fees, court costs, and reasonable attorney's fees.
(C) If a court determines that a person has violated any prohibition or other provision of sections 1346.05 to 1346.10 of the Revised Code, the court shall order that the person's profits, gain, gross receipts, or other benefit from the violation be disgorged and paid to the general revenue fund of the state.
(D) Unless otherwise expressly provided, the remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of the state.
Sec. 1346.10. (A) In lieu of or in addition to any other remedy provided by law, upon a determination that a stamping agent has violated division (C)(1) of section 1346.05 of the Revised Code or any administrative rule adopted under sections 1346.05 to 1346.10 of the Revised Code, the tax commissioner may revoke the license of the stamping agent in the manner provided by section 5743.18 of the Revised Code.
(B) For each violation of division (C)(1) of section 1346.05 of the Revised Code, in addition to any other penalty provided by law, the tax commissioner may impose a fine in an amount not to exceed the greater of five hundred per cent of the retail value of the cigarettes involved or five thousand dollars. The fine shall be imposed in the manner provided by section 5743.081 of the Revised Code.
For the purpose of this division, each stamp affixed to a package of cigarettes and each sale or offer for sale of cigarettes in violation of division (C)(1) of section 1346.05 of the Revised Code shall constitute a separate violation.
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. 1501.25. (A) There is hereby created the Muskingum
river advisory council consisting of the following members:
(1) Two members of the house of representatives, one from
each party to be appointed by the speaker of the house of
representatives after conferring with the minority leader of the
house, and two members of the senate, one from each party to be
appointed by the president of the senate after conferring with
the minority leader of the senate;
(2) Four persons interested in the development of
recreational and commercial uses of the Muskingum river, to be
appointed by the governor;
(3) Two representatives of the department of natural
resources to be appointed by the director of natural resources,
one representative of the department of development to be
appointed by the director of development, one representative of
the environmental protection agency to be appointed by the
director of environmental protection, one representative of the
department of transportation to be appointed by the director of
transportation, and one representative of the Ohio historical
society to be appointed by the director of the society;
(4) Twelve persons to be appointed from the four counties
through which the Muskingum river flows, who shall
be appointed in the following manner. The board of county
commissioners of Coshocton county shall appoint
two members, and the mayor of the city of Coshocton shall appoint one
member. The board of county commissioners of Muskingum
county shall appoint two members, and the mayor of the city of
Zanesville shall appoint one member. The board of county
commissioners of
Morgan county shall appoint two members, and the mayor of the city of
McConnelsville shall appoint one member. The board of county
commissioners of Washington county shall appoint two members, and
the mayor of the city of Marietta shall appoint one member.
(5) One member representing the Muskingum watershed
conservancy district, to be appointed by the board of directors of
the district.
Members shall serve at the pleasure of their appointing
authority. Vacancies shall be filled in the manner of the
original appointment.
The council biennially shall elect from among its members
a chairperson and a
vice-chairperson. One of the representatives of the
department of natural resources shall serve as secretary of the
council unless a majority of the members elect another
member to that position. The council shall meet at least once each
year for the purpose of taking testimony from residents of the Muskingum
river area, users of the river and adjacent lands, and the
general public and may hold additional meetings at the call of
the chairperson.
The chairperson may appoint members of the
council and other
persons to committees and study groups as needed.
The council shall submit an annual report to the general
assembly, the governor, and the director of natural resources.
The report shall include, without limitation, a description of
the conditions of the Muskingum river area, a discussion of the
council's activities, any recommendations for actions by the
general assembly or any state agency that the council determines
are needed, and estimates of the costs of those recommendations.
The department of natural resources shall provide staff
assistance to the council as needed.
(B) The council may do any of the following:
(1) Provide coordination among political subdivisions,
state agencies, and federal agencies involved in dredging, debris removal or
disposal, and recreational, commercial, tourism, and economic development;
(2) Provide aid to civic groups and individuals who want
to make improvements to the Muskingum river if the council
determines that the improvements would be beneficial to the
residents of the area and to the state;
(3) Provide information and planning aid to state and
local agencies responsible for historic, commercial, and
recreational development of the Muskingum river area, including,
without limitation, suggestions as to priorities for pending
Muskingum river projects of the department of natural resources;
(4) Provide updated information to the United States army
corps of engineers, the department of natural resources, and the
Muskingum conservancy district established under Chapter 6101.
of the Revised Code concerning potential hazards to flood control
or navigation, erosion problems, debris accumulation, and
deterioration of locks or dams.
Sec. 1503.05. (A) The chief of the division of forestry may
sell timber and other forest products from the state forest and state
forest nurseries whenever the chief considers such a sale desirable and,
with the approval of the attorney general and the director of natural
resources, may sell portions of the state forest lands when such
a sale is advantageous to the state.
(B) Except as otherwise provided in this section, a timber sale
agreement shall not be executed unless the person or governmental
entity bidding on the sale executes and files a surety bond
conditioned on completion of the timber sale in accordance with
the terms of the agreement in an amount equal to twenty-five per
cent of the highest value cutting section. All bonds shall be
given in a form prescribed by the chief and shall run to the
state as obligee.
The chief shall not approve any bond until it is personally
signed and acknowledged by both principal and surety, or as to
either by the attorney in fact thereof, with a
certified copy of the
power of attorney attached. The chief shall not approve the bond
unless there is attached a certificate of the superintendent of
insurance that the company is authorized to transact a fidelity
and surety business in this state.
In lieu of a bond, the bidder may deposit any of the
following:
(1) Cash in an amount equal to the amount of the bond;
(2) United States government securities having a par value
equal to or greater than the amount of the bond;
(3) Negotiable certificates of deposit or irrevocable
letters of credit issued by any bank organized or transacting
business in this state having a par value equal to or greater
than the amount of the bond.
The cash or securities shall be deposited on the same terms
as bonds. If one or more certificates of deposit are deposited
in lieu of a bond, the chief shall require the bank that issued
any of the certificates to pledge securities of the aggregate
market value equal to the amount of the certificate or
certificates that is in excess of the amount insured by the
federal deposit insurance corporation. The securities to be
pledged shall be those designated as eligible under section
135.18 of the Revised Code. The securities shall be security for
the repayment of the certificate or certificates of deposit.
Immediately upon a deposit of cash, securities,
certificates of deposit, or letters of credit, the chief shall
deliver them to the treasurer of state, who shall hold them in
trust for the purposes for which they have been deposited. The
treasurer of state is responsible for the safekeeping of the
deposits. A bidder making a deposit of cash, securities,
certificates of deposit, or letters of credit may withdraw and
receive from the treasurer of state, on the written order of the
chief, all or any portion of the cash, securities, certificates
of deposit, or letters of credit upon depositing with the
treasurer of state cash, other United States government
securities, or other negotiable certificates of deposit or
irrevocable letters of credit issued by any bank organized or
transacting business in this state, equal in par value to the par
value of the cash, securities, certificates of deposit, or
letters of credit withdrawn.
A bidder may demand and receive from the treasurer of state
all interest or other income from any such securities or
certificates as it becomes due. If securities so deposited with
and in the possession of the treasurer of state mature or are
called for payment by their issuer, the
treasurer of state,
at the request of the bidder who deposited them, shall convert
the proceeds of the redemption or payment of the securities into
other United States government securities, negotiable
certificates of deposit, or cash as the bidder designates.
When the chief finds that a person or governmental agency
has failed to comply with the conditions of the person's or
governmental agency's bond, the chief shall
make a finding of that fact and declare the bond, cash,
securities, certificates, or letters of credit forfeited. The
chief thereupon shall certify the total forfeiture to the
attorney general, who shall proceed to collect the amount of the
bond, cash, securities, certificates, or letters of credit.
In lieu of total forfeiture, the surety, at its option, may
cause the timber sale to be completed or pay to the treasurer of
state the cost thereof.
All moneys collected as a result of forfeitures of bonds,
cash, securities, certificates, and letters of credit under this
section shall be credited to the state forest fund created in
this section.
(C) The chief may grant easements and leases on portions of the
state forest lands and state forest nurseries under terms
that are advantageous to the
state, and the chief may grant mineral rights on a royalty
basis on those lands and nurseries, with
the approval of the attorney general and the director.
(D) All moneys received from the sale of state forest lands, or
in payment for easements or leases on or as rents from
those
lands or from state forest nurseries, shall be paid into the state
treasury to the credit of the
state forest fund, which is hereby created. All moneys received
from the sale of standing timber taken from the state forest
lands shall be deposited into the state treasury. Twenty-five per cent of the moneys so deposited shall be credited to the state forest fund. Seventy-five per cent of the moneys so deposited shall be credited to the general revenue fund. All moneys received
from the sale of forest products, other than
standing timber, and minerals taken from the state forest lands and state
forest nurseries,
together with royalties from mineral rights, shall be paid into
the state treasury to the credit of the state forest fund.
At the time of making such a payment or deposit into the state treasury to the credit of the general revenue fund, the chief shall determine the
amount and gross
net value of all such products standing timber sold or royalties received from lands and
nurseries in
each county, in each township within the county, and in each school district
within the county. Afterward the
chief shall send to each county treasurer a copy of the
determination and shall provide for payment to the county
treasurer, for the use of the general fund of that county from
the amount so received as provided in this division, an amount equal
to eighty sixty-five per cent of the gross net value of the products standing timber sold or royalties
received from lands and nurseries located in that county. The county
auditor shall do all
of the following:
(1) Retain for the use of the general fund of the county one-fourth of the
amount received by the county under division (D) of this section;
(2) Pay into the
general fund of any township located within the county and
containing such lands and nurseries one-fourth of the amount received
by the
county from products standing timber sold or royalties received from lands and
nurseries
located in the township;
(3) Request the board of education of any school district located within
the county and containing such lands and nurseries to identify which
fund or funds of the
district should receive the moneys available to the school district under
division (D)(3) of this section. After receiving notice from the
board, the county auditor shall pay into the fund or funds so identified
one-half of the amount received by the county from products standing timber sold or royalties
received from lands and nurseries located in the school district,
distributed
proportionately as identified by the board.
The division of forestry shall not
supply logs, lumber, or other forest products or minerals, taken
from the state forest lands or state forest nurseries, to any other
agency or subdivision
of the state unless payment is made therefor in the amount of the
actual prevailing value thereof. This section is applicable to
the moneys so received. All moneys received from the sale of
reforestation tree stock or other revenues derived from the
operation of the state forests, facilities, or equipment shall be
paid into the state forest fund.
The fund shall not be expended for any purpose other than
the administration, operation, maintenance, development, or
utilization of the state forests, forest nurseries, and forest
programs, for facilities or equipment incident to them,
or for
the further purchase of lands for state forest or forest nursery
purposes.
Sec. 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. 1515.08. The supervisors of a soil and water
conservation district have the following powers in addition to
their other powers:
(A) To conduct surveys, investigations, and research
relating to the character of soil erosion, floodwater and
sediment
damages, and the preventive and control measures and
works of
improvement for flood prevention and the conservation,
development, utilization, and disposal of water needed within the
district, and to publish the results of those surveys,
investigations, or research, provided that no district shall
initiate any research program except in cooperation or after
consultation with the Ohio agricultural research and development
center;
(B) To develop plans for the conservation of soil
resources,
for the control and prevention of soil erosion, and
for works of
improvement for flood prevention and the
conservation,
development, utilization, and disposal of water
within the
district, and to publish those plans and information;
(C) To implement, construct, repair, maintain, and operate
preventive and control measures and other works of improvement
for
natural resource conservation and development and flood
prevention, and the conservation, development, utilization, and
disposal of water within the district on lands owned or
controlled
by this state or any of its agencies and on any other
lands within
the district, which works may include any facilities
authorized
under state or federal programs, and to acquire, by
purchase or
gift, to hold, encumber, or dispose of, and to lease
real and
personal property or interests in such property for
those
purposes;
(D) To cooperate or enter into agreements with any
occupier
of lands within the district in the carrying on of
natural
resource conservation operations and works of improvement
for
flood prevention and the conservation, development,
utilization,
and management of natural resources within the
district, subject
to such conditions as the supervisors consider
necessary;
(E) To accept donations, gifts, grants, and contributions
in
money, service, materials, or otherwise, and to use or expend
them
according to their terms;
(F) To adopt, amend, and rescind rules to carry into
effect
the purposes and powers of the district;
(G) To sue and plead in the name of the district, and be
sued and impleaded in the name of the district, with respect to
its contracts and, as indicated in section 1515.081 of the
Revised
Code, certain torts of its officers, employees, or agents
acting
within the scope of their employment or official
responsibilities,
or with respect to the enforcement of its
obligations and
covenants made under this chapter;
(H) To make and enter into all contracts, leases, and
agreements and execute all instruments necessary or incidental to
the performance of the duties and the execution of the powers of
the district under this chapter, provided that all of the
following
apply:
(1) Except as provided in section 307.86 of the Revised Code
regarding
expenditures by boards of county commissioners, when the
cost under any
such contract, lease, or
agreement, other than
compensation for personal services or
rental of office space,
involves an expenditure of more than the amount
established in
that section regarding expenditures
by boards of county
commissioners, the supervisors shall make a written
contract
with
the lowest and best bidder after advertisement, for not less
than
two nor more than four consecutive weeks preceding the day
of the
opening of bids, in a newspaper of general circulation
within the
district and in such other publications as the
supervisors
determine. The notice shall state the general
character of the
work and materials to be furnished, the place
where plans and
specifications may be examined, and the time and
place of
receiving bids.
(2) Each bid for a contract shall contain the full name of
every person interested in it.
(3) Each bid for a contract for the construction,
demolition, alteration, repair, or reconstruction of an
improvement shall meet the requirements of section 153.54 of the
Revised Code.
(4) Each bid for a contract, other than a contract for the
construction, demolition, alteration, repair, or reconstruction
of
an improvement, at the discretion of the supervisors, may be
accompanied by a bond or certified check on a solvent bank in an
amount not to exceed five per cent of the bid, conditioned that,
if the bid is accepted, a contract shall be entered into.
(5) The supervisors may reject any and all bids.
(I) To make agreements with the department of natural
resources giving it control over lands of the district for the
purpose of construction of improvements by the department under
section 1501.011 of the Revised Code;
(J) To charge, alter, and collect rentals and other
charges
for the use or services of any works of the district;
(K) To enter, either in person or by designated
representatives, upon lands, private or public, in the necessary
discharge of their duties;
(L) To enter into agreements or contracts with the
department for the determination, implementation, inspection, and
funding of agricultural pollution abatement and urban sediment
pollution abatement measures whereby landowners, operators,
managers, and developers may meet adopted state standards for a
quality environment, except that failure of a district board of
supervisors to negotiate an agreement or contract with the
department shall authorize the division of soil and water
conservation to implement the required program;
(M) To conduct demonstrations and provide information to
the
public regarding practices and methods for natural resource
conservation, development, and utilization;
(N) Until June 1, 1996, to conduct surveys and
investigations relating to the incidence of the multiflora rose
within the district and of the nature and extent of the adverse
effects of the multiflora rose on agriculture, forestry,
recreation, and other beneficial land uses;
(O) Until June 1, 1996, to develop plans for the control
of
the multiflora rose within the district and to publish those
plans
and information related to control of the multiflora rose;
(P) Until June 1, 1996, to enter into contracts or
agreements with the chief of the division of soil and water
conservation to implement and administer a program for control of
the multiflora rose and to receive and expend funds provided by
the chief for that purpose;
(Q) Until June 1, 1996, to enter into cost-sharing
agreements with landowners for control of the multiflora rose.
Before entering into any such agreement, the board of supervisors
shall determine that the landowner's application meets the
eligibility criteria established under division (E)(6) of section
1511.02 of the Revised Code. The cost-sharing agreements shall
contain the contract provisions required by the rules adopted
under that division and such other provisions as the board of
supervisors considers appropriate to ensure effective control of
the multiflora rose.
(R) To enter into contracts or agreements with the chief
to
implement and administer a program for urban sediment
pollution
abatement and to receive and expend moneys provided by
the chief
for that purpose;
(S) To develop operation and management plans, as defined
in
section 1511.01 of the Revised Code, as necessary;
(T) To determine whether operation and management plans
developed under division (A) of section 1511.021 of the Revised
Code comply with the standards established under division (E)(1)
of section 1511.02 of the Revised Code and to approve or
disapprove the plans, based on such compliance. If an operation
and management plan is disapproved, the board shall provide a
written explanation to the person who submitted the plan. The
person may appeal the plan disapproval to the chief, who shall
afford the person a hearing. Following the hearing, the chief
shall uphold the plan disapproval or reverse it. If the chief
reverses the plan disapproval, the plan shall be deemed approved
under this division. In the event that any person operating or
owning agricultural land or a concentrated animal feeding
operation in accordance with an approved operation and management
plan who, in good faith, is following that plan, causes
agricultural pollution, the plan shall be revised in a fashion
necessary to mitigate the agricultural pollution, as determined
and approved by the board of supervisors of the soil and water
conservation district.
(U) With regard to composting conducted in conjunction
with
agricultural operations, to do all of the following:
(1) Upon request or upon their own initiative, inspect
composting at any such operation to determine whether the
composting is being conducted in accordance with section 1511.022
of the Revised Code;
(2) If the board determines that composting is not being
so
conducted, request the chief to issue an order under division
(G)
of section 1511.02 of the Revised Code requiring the
person
who is
conducting the composting to prepare a composting plan in
accordance with rules adopted under division (E)(10)(c) of that
section and to operate in accordance with that plan or to operate
in accordance with a previously prepared plan, as applicable;
(3) In accordance with rules adopted under division
(E)(10)(c) of section 1511.02 of the Revised Code, review and
approve or disapprove any such composting plan. If a plan is
disapproved, the board shall provide a written explanation to the
person who submitted the plan.
As used in division (U) of this section, "composting"
has the
same meaning as in section 1511.01 of the Revised Code.
(V) With regard to conservation activities that are conducted in conjunction with agricultural operations, to assist the county auditor, upon request, in determining whether a conservation activity is a conservation practice for purposes of Chapter 929. or sections 5713.30 to 5713.37 and 5715.01 of the Revised Code.
As used in this division, "conservation practice" has the same meaning as in section 5713.30 of the Revised Code.
(W) To do all acts necessary or proper to carry out the
powers granted in this chapter.
The director of natural resources shall make
recommendations
to reduce the adverse environmental effects of
each project that a
soil and water conservation district plans to
undertake under
division (A), (B), (C), or (D) of this section
and that will be
funded in whole or in part by moneys authorized
under section
1515.16 of the Revised Code and shall disapprove
any such project
that the director finds will adversely
affect the
environment
without equal or greater benefit to the public. The
director's
disapproval or recommendations, upon the request of
the district
filed in accordance with rules adopted by the Ohio
soil and water
conservation commission, shall be reviewed by the
commission,
which may confirm the director's decision, modify it,
or add
recommendations to or approve a project the director has
disapproved.
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. 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
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. 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. 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. 1533.13. 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 resident of this state sixty-six years of age or
older may take or catch frogs and turtles without a license.
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. 1541.10. Any person selected by the chief of the
division of parks and recreation for custodial or patrol service
on the lands and waters operated or administered by the division
of parks and recreation shall be employed in conformity with the law
applicable to the
classified civil service of the state. Subject to
section 1541.11 of the Revised Code, the chief may
designate that person as a park officer. A park officer,
on any lands and waters owned, controlled, maintained, or
administered by the department of natural resources and on
highways, as defined in section 4511.01 of the Revised Code,
adjacent to lands and waters owned, controlled,
maintained, or administered by the division,
has the authority specified
under section 2935.03 of the Revised Code for peace officers of the
department of natural resources to keep the peace, to enforce all
laws and rules governing those lands and waters, and to make
arrests for violation of those laws and rules, provided that
the authority shall be exercised on lands or waters administered by
another division of the department only pursuant to an agreement
with the chief of that division or to a request for assistance by
an enforcement officer of that division in an emergency. A park
officer, in or along any watercourse within, abutting, or
upstream from the boundary of any area administered by the
department, has the authority to enforce section 3767.32 of the
Revised Code and any other laws prohibiting the dumping of refuse
into or along waters and to make arrests for violation of those
laws. The jurisdiction of park officers shall be concurrent with
that of the peace officers of the county, township, or municipal
corporation in which the violation occurs. A state park, for
purposes of this section, is any area that is administered as a
state park by the division of parks and recreation.
The governor secretary of state, upon the recommendation of the chief, shall
issue to each park officer a commission indicating authority to
make arrests as provided in this section.
The chief shall furnish a suitable badge to each
commissioned park officer as evidence of that park officer's
authority.
If any person employed under this section is designated by
the chief to act as an agent of the state in the collection of
moneys resulting from the sale of licenses, fees of any
nature, or other moneys belonging to the state, the chief shall require a
surety bond from that person in an amount not less than one
thousand dollars.
A park officer may render assistance to a state or local
law enforcement officer at the request of that officer or may
render assistance to a state or local law enforcement officer in
the event of an emergency.
Park officers serving outside the division of parks and
recreation under this section or serving under the terms of a
mutual aid compact authorized under section 1501.02 of the
Revised Code shall be considered as performing services within
their regular employment for the purposes of compensation,
pension or indemnity fund rights, workers' compensation, and
other rights or benefits to which they may be entitled as
incidents of their regular employment.
Park officers serving outside the division of parks and
recreation under this section or under a mutual aid compact
retain personal immunity from civil liability as specified in
section 9.86 of the Revised Code and shall not be considered an
employee of a political subdivision for purposes of Chapter 2744.
of the Revised Code. A political subdivision that uses park
officers under this section or under the terms of a mutual aid
compact authorized under section 1501.02 of the Revised Code is
not subject to civil liability under Chapter 2744. of the Revised
Code as the result of any action or omission of any park officer
acting under this section or under a mutual aid compact.
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. 1711.13. County agricultural societies are hereby declared bodies
corporate and politic, and as such they shall be capable of suing and being
sued and of holding in fee simple any real estate purchased by them as sites
for their fairs. They In addition, they may mortgage do either or both of the following:
(A) Mortgage their grounds for the purpose of renewing
or extending pre-existing debts, and for the purpose of furnishing money to
purchase additional land;, but if the board of county commissioners has caused
money to be paid out of the county treasury to aid in the purchase of such
the grounds, no mortgage shall be given without the consent of such the board.
Deeds, conveyances, and agreements in writing, made to and by such societies,
for the purchase of real estate as sites for their fairs, shall vest a title
in fee simple to the real estate therein described in those documents, without words of
inheritance.
(B) Enter into agreements to obtain loans and credit for expenses related to the purposes of the county agricultural society, provided that the agreements are in writing and are first approved by the board of directors of the society. The total net indebtedness incurred by a county agricultural society pursuant to this division shall not exceed an amount equal to twenty-five per cent of its annual revenues.
Sec. 1711.131. (A) The board of directors of a county agricultural society or an independent agricultural society may authorize by resolution an officer or employee of the agricultural society to use a credit card held by the board to pay for expenses related to the purposes of the agricultural society. If a board elects to authorize the use of a credit card held by the board as described in this section, the board first shall adopt a policy specifying the purposes for which the credit card may be used.
(B) An officer or employee of an agricultural society who makes unauthorized use of a credit card held by the society's board of directors is personally liable for the unauthorized use. The prosecuting attorney of the appropriate county shall recover the amount of any unauthorized expenses incurred by the officer or employee through the misuse of the credit card in a civil action in any court of competent jurisdiction. This section does not limit any other liability of the officer or employee for the unauthorized use of a credit card held by the board of directors.
(C) An officer or employee who is authorized to use a credit card held by the board of directors of an agricultural society and who suspects the loss, theft, or possibility of unauthorized use of the credit card immediately shall notify the board in writing of the suspected loss, theft, or possible unauthorized use. The officer or employee may be held personally liable for not more than fifty dollars in unauthorized debt incurred before the board receives the notification.
(D) The misuse by an officer or employee of an agricultural society of a credit card held by the society's board of directors is a violation of section 2913.21 of the Revised Code.
Sec. 1711.15. In any county in which there is a duly
organized county agricultural society, the board of county
commissioners or the county agricultural society itself may purchase or lease, for a term of not less than
twenty years, real estate on which to hold fairs under the
management and control of the county agricultural society, and
may erect thereon suitable buildings on the real estate and otherwise improve it.
In counties in which there is a county agricultural society
that has purchased, or leased, for a term of not less than
twenty years, real estate as a site on which to hold fairs or in
which the title to the site is vested in fee in the county,
the board of county commissioners may erect or repair buildings or otherwise improve
the site and pay the rental thereof of it, or contribute to or pay any
other form of indebtedness of the society, if the director of
agriculture has certified to the board that the county
agricultural society is complying with all laws and rules
governing the operation of county agricultural societies. The
board may appropriate from the general fund any amount
that it considers necessary for any of
those purposes.
Sec. 1711.17. (A) In any counties in which there is a duly
organized independent agricultural society, the respective boards
of county commissioners may purchase or lease jointly, for a term
of not less than twenty years, real estate on which to hold fairs
under the management and control of the society, and may erect
suitable buildings and otherwise improve the property, and pay
the rental thereof, or contribute to or pay any other form of
indebtedness of the society, if the director of agriculture has
certified to the board that the independent agricultural society
is complying with all laws and rules governing the operation of
county agricultural societies. The boards may appropriate from
their respective general funds such an amount as they consider
necessary for any of those purposes.
(B) An independent agricultural society may purchase or lease, for a term of not less than twenty years, real estate on which to hold fairs under its management and control and may erect suitable buildings on the real estate and otherwise improve it.
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. 2133.01. Unless the context otherwise requires, as
used in sections 2133.01 to 2133.15 of the Revised Code:
(A) "Adult" means an individual who is eighteen years of
age or older.
(B) "Attending physician" means the physician to whom a declarant or other
patient, or the family of a declarant or other patient, has assigned primary
responsibility for the treatment or care of the declarant or other patient,
or, if the responsibility has not been assigned, the physician who has
accepted that responsibility.
(C) "Comfort care" means any of the following:
(1) Nutrition when administered to diminish the pain or
discomfort of a declarant or other patient, but not to postpone
the declarant's or other patient's death;
(2) Hydration when administered to diminish the pain or
discomfort of a declarant or other patient, but not to postpone
the declarant's or other patient's death;
(3) Any other medical or nursing procedure, treatment,
intervention, or other measure that is taken to diminish the pain
or discomfort of a declarant or other patient, but not to postpone
the declarant's or other patient's death.
(D) "Consulting physician" means a physician who, in
conjunction with the attending physician of a declarant or other
patient, makes one or more determinations that are required to be
made by the attending physician, or to be made by the attending
physician and one other physician, by an applicable provision of
this chapter, to a reasonable degree of medical certainty and in
accordance with reasonable medical standards.
(E) "Declarant" means any adult who has executed a
declaration in accordance with section 2133.02 of the Revised
Code.
(F) "Declaration" means a written document executed in
accordance with section 2133.02 of the Revised Code.
(G) "Durable power of attorney for health care" means a
document created pursuant to sections 1337.11 to 1337.17 of the
Revised Code.
(H) "Guardian" means a person appointed by a probate court
pursuant to Chapter 2111. of the Revised Code to have the care
and management of the person of an incompetent.
(I) "Health care facility" means any of the following:
(2) A hospice care program or other institution that
specializes in comfort care of patients in a terminal condition
or in a permanently unconscious state;
(3) A nursing home or residential care facility, as defined in section
3721.01 of the Revised Code;
(4) A home health agency and any residential facility where a person is
receiving care under the direction of a home health agency;
(5) An intermediate care facility for the mentally
retarded.
(J) "Health care personnel" means physicians, nurses,
physician assistants,
emergency medical technicians-basic, emergency medical
technicians-intermediate, emergency medical technicians-paramedic, medical
technicians, dietitians, other authorized persons acting under the direction
of an attending physician, and administrators of health care facilities.
(K) "Home health agency" has the same meaning as in
section 3701.88 3701.881 of the Revised Code.
(L) "Hospice care program" has the same meaning as in
section 3712.01 of the Revised Code.
(M) "Hospital" has the same meanings as in sections
2108.01, 3701.01, and 5122.01 of the Revised Code.
(N) "Hydration" means fluids that are artificially or
technologically administered.
(O) "Incompetent" has the same meaning as in section
2111.01 of the Revised Code.
(P) "Intermediate care facility for the mentally retarded"
has the same meaning as in section 5111.20 of the Revised Code.
(Q) "Life-sustaining treatment" means any medical
procedure, treatment, intervention, or other measure that, when
administered to a qualified patient or other patient, will serve
principally to prolong the process of dying.
(R) "Nurse" means a person who is licensed to practice
nursing as a registered nurse or to practice practical nursing as
a licensed practical nurse pursuant to Chapter 4723. of the
Revised Code.
(S) "Nursing home" has the same meaning as in section
3721.01 of the Revised Code.
(T) "Nutrition" means sustenance that is artificially or
technologically administered.
(U) "Permanently unconscious state" means a state of
permanent unconsciousness in a declarant or other patient that,
to a reasonable degree of medical certainty as determined in
accordance with reasonable medical standards by the declarant's
or other patient's attending physician and one other physician
who has examined the declarant or other patient, is characterized
by both of the following:
(1) Irreversible unawareness of one's being and environment.
(2) Total loss of cerebral cortical functioning, resulting in the declarant
or other patient having no capacity to experience pain or suffering.
(V) "Person" has the same meaning as in section 1.59 of
the Revised Code and additionally includes political subdivisions
and governmental agencies, boards, commissions, departments,
institutions, offices, and other instrumentalities.
(W) "Physician" means a person who is authorized under
Chapter 4731. of the Revised Code to practice
medicine and surgery or osteopathic medicine and surgery.
(X) "Political subdivision" and "state" have the same
meanings as in section 2744.01 of the Revised Code.
(Y) "Professional disciplinary action" means action taken
by the board or other entity that regulates the professional
conduct of health care personnel, including the state medical
board and the board of nursing.
(Z) "Qualified patient" means an adult who has executed a
declaration and has been determined to be in a terminal condition
or in a permanently unconscious state.
(AA) "Terminal condition" means an irreversible,
incurable, and untreatable condition caused by disease, illness,
or injury from which, to a reasonable degree of medical certainty
as determined in accordance with reasonable medical standards by
a declarant's or other patient's attending physician and one
other physician who has examined the declarant or other patient,
both of the following apply:
(1) There can be no recovery.
(2) Death is likely to occur within a relatively short
time if life-sustaining treatment is not administered.
(BB) "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 breach of a contract or another agreement
between persons.
Sec. 2151.352.
A
Except as otherwise provided in this
section, a
child,
or the child's parents,
or custodian, or
any
other
person in loco parentis of
such
the child is entitled to
representation by legal counsel at all stages of the proceedings
under this chapter or Chapter 2152. of the Revised Code
and if.
If, as an
indigent person,
any such person
a party is unable to
employ counsel,
the party is entitled to
have counsel provided for
the person pursuant to Chapter
120. of the
Revised Code. If a
party appears without counsel, the court
shall ascertain whether
the party knows of the
party's right to counsel and of
the party's
right to be provided with counsel if the party is an indigent
person. The court may continue the case to enable a party to
obtain counsel or to be represented by the county public defender
or the joint county public defender and shall provide counsel
upon
request pursuant to Chapter 120. of the Revised Code.
Counsel must
be provided for a child not represented by the
child's
parent,
guardian, or custodian. If the interests of two or more
such
parties conflict, separate counsel shall be provided for
each of
them.
This section does not confer the right to court-appointed
counsel in civil actions arising under division (A)(2), (D), or
(F) of section 2151.23 or division (C) of section 3111.13 of the
Revised Code.
Section 2935.14 of the Revised Code applies to any child
taken into custody. The parents, custodian, or guardian of
such
a
child
taken into custody, and any attorney at law representing
them or the child,
shall be entitled to visit
such
the child at
any reasonable time, be
present at any hearing involving the
child, and be given
reasonable notice of
such
the hearing.
Any report or part
thereof
of a report concerning
such
the
child, which is
used in the hearing and is pertinent
thereto
to
the hearing, shall for good
cause shown be made available to any
attorney at law representing
such
the child and to any attorney at
law representing the parents,
custodian, or guardian of
such
the
child, upon written request prior
to any hearing involving
such
the child.
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. 2152.19. (A) If a child is adjudicated a delinquent
child,
the court may make any of the following orders of
disposition, in
addition to any other disposition authorized or
required by this
chapter:
(1) Any
order that is authorized by section 2151.353 of the
Revised Code for the care and protection of an abused,
neglected,
or
dependent child;
(2) Commit the child to the temporary custody of any school,
camp, institution, or other facility operated for the care of
delinquent
children by the county, by a district organized under
section
2152.41 or 2151.65 of the Revised Code, or by a private
agency or organization, within or without the state, that is
authorized and
qualified to provide the care, treatment, or
placement required, including, but not limited to, a school, camp,
or facility operated under section 2151.65 of the Revised Code;
(3)
Place the child in a detention
facility or district
detention facility operated under section
2152.41 of the Revised
Code, for up to ninety days;
(4) Place the child on community control under any
sanctions, services,
and conditions that the court prescribes. As
a condition of
community control in every case and in addition to
any other
condition that it imposes upon the child, the court
shall require the child
to abide by the law during the period of
community control. As
referred to in this division, community
control includes, but is
not limited to, the following sanctions
and conditions:
(a) A period of basic probation supervision in which the
child is required to maintain contact with a person appointed to
supervise the
child in accordance with sanctions
imposed by the
court;
(b) A period of intensive probation supervision in which
the
child is required to maintain frequent contact with a person
appointed by
the court to supervise
the child while the child is
seeking or maintaining employment and
participating in training,
education, and treatment programs as
the order of disposition;
(c) A period of day reporting in which the child is
required
each day to report to and leave a center or another approved
reporting location at specified
times in order to participate in
work, education or training,
treatment, and other approved
programs at the center or outside
the center;
(d) A period of community service of up to five hundred
hours for an act that would be a felony or a misdemeanor of the
first degree
if committed by an adult,
up to two hundred hours for
an act that would be a misdemeanor of the second,
third, or fourth
degree
if committed by an adult, or up to thirty hours for an act
that
would be a minor misdemeanor if committed by an adult;
(e) A requirement that the child obtain a high school
diploma, a
certificate of high school equivalence, vocational
training, or
employment;
(f) A period of drug and alcohol use monitoring;
(g) A requirement of alcohol or drug assessment or
counseling, or a period in an alcohol or drug treatment program
with a level
of security for the child
as determined necessary by
the court;
(h) A period in which the court orders the child to
observe
a curfew that may involve daytime or evening hours;
(i) A requirement that the child serve monitored time;
(j) A period of house arrest with or without electronic
monitoring;
(k) A period of electronic monitoring without house arrest
or
electronically monitored house arrest that does not exceed the
maximum
sentence of imprisonment
that could be imposed upon an
adult who commits the same act.
A period of electronically monitored house arrest imposed
under
this division shall not extend beyond the child's
twenty-first birthday. If a
court
imposes a period of
electronically monitored house arrest upon a
child under this
division, it shall require the child: to wear,
otherwise have
attached to the child's person, or otherwise be
subject to
monitoring by a certified electronic monitoring device
or to
participate in the operation of and monitoring by a
certified
electronic monitoring system; to remain in the child's
home or
other specified premises for the entire period of
electronically
monitored house arrest except when the court
permits the child to
leave those premises to go to school or to
other specified
premises; to be monitored by a central system that
can determine
the child's location at designated times; to report
periodically
to a person designated by the court; and to enter
into a written
contract with the court agreeing to comply with all
requirements
imposed by the court, agreeing to pay any fee imposed
by the court
for the costs of the electronically monitored house
arrest, and
agreeing to waive the right to receive credit for any
time served
on electronically monitored house arrest toward the
period of any
other dispositional order imposed upon the child if
the child
violates any of the requirements of the dispositional
order of
electronically monitored house arrest. The court also
may impose
other reasonable requirements upon the child.
Unless ordered by the court, a child shall not receive credit
for any time
served on
electronically monitored house arrest
toward any other dispositional
order imposed upon the child for
the act for which was imposed the
dispositional order of
electronically monitored house arrest.
(l) A suspension of the driver's license, probationary
driver's
license, or temporary instruction permit issued to the
child or a suspension
of the
registration of all motor vehicles
registered in the name of the child. A child whose license or
permit is so suspended is ineligible for issuance of a license or
permit during the period of suspension. At the end of the period
of suspension, the child shall not be reissued a license or permit
until the child has paid any applicable reinstatement fee and
complied with all requirements governing license reinstatement.
(5) Commit the child to the custody of the
court;
(6)
Require the child to not be absent without legitimate
excuse from
the public school the child is supposed to attend for
five or more
consecutive days, seven or more school days in one
school month, or
twelve or more school days in a school year;
(7)(a) If a child is adjudicated a delinquent child for
being a
chronic truant or an habitual truant who previously has
been adjudicated an
unruly child for being a
habitual truant, do
either or both of the following:
(i) Require the child to participate in a truancy prevention
mediation program;
(ii) Make any order of disposition as authorized by this
section,
except that the court shall not commit the child to a
facility described
in division (A)(2)
or (3) of this section
unless the
court
determines that the child violated a lawful court
order made
pursuant to
division (C)(1)(e) of section 2151.354 of
the
Revised
Code
or division (A)(6) of this section.
(b) If a child is adjudicated a delinquent child for being a
chronic truant or a habitual truant who previously has been
adjudicated an
unruly child for being a
habitual truant and the
court determines that the parent,
guardian, or other person having
care of the child has failed to
cause the child's attendance at
school in violation of section
3321.38 of the Revised Code, do
either or both of the
following:
(i) Require the parent, guardian, or other person having
care of
the child to participate in a truancy prevention mediation
program;
(ii) Require the parent, guardian, or other person having
care of
the child to participate in any community service program,
preferably a
community service program that
requires the
involvement of the parent, guardian, or other person
having care
of the child in the school attended by the child.
(8) Make any further disposition that the court finds
proper,
except that the child shall not be placed in any of the
following:
(a) A state correctional institution, a county, multicounty,
or
municipal jail or workhouse, or another place in which an adult
convicted of a crime, under arrest, or charged with a crime is
held;
(b) A community corrections facility, if the child would be
covered by the definition of public safety beds for purposes of
sections
5139.41 to 5139.45 5139.43 of the Revised Code if the court
exercised its authority to commit the child to the legal custody
of the
department of youth services for institutionalization
or
institutionalization in a secure facility pursuant to this
chapter.
(B) If a child is adjudicated a delinquent child, in
addition to
any order of disposition made under division (A) of
this section, the
court, in
the following situations, shall
suspend the child's temporary instruction
permit, restricted
license, probationary driver's license, or nonresident
operating
privilege, or suspend the
child's ability to obtain such a permit:
(1) The child is adjudicated a delinquent child for
violating
section 2923.122 of the Revised Code, with the
suspension
and denial being in accordance with division (E)(1)(a),
(c), (d), or (e) of section 2923.122 of
the Revised Code.
(2) The child is adjudicated a delinquent child for
committing an
act that if committed by an adult would be a drug
abuse offense
or for violating
division (B) of section 2917.11 of
the Revised
Code, with the suspension continuing until the child
attends and
satisfactorily completes a drug abuse or alcohol abuse
education,
intervention, or treatment program specified by the
court. During
the time the child is attending the program, the
court shall retain any
temporary instruction permit, probationary
driver's license, or driver's
license issued to the child, and the
court shall return the permit or license
when the child
satisfactorily completes the program.
(C) The court may establish a victim-offender mediation
program
in which victims and their offenders meet to discuss the
offense and suggest
possible restitution. If the court obtains
the
assent of the victim of the delinquent act committed by the
child,
the court may require the child to participate in the
program.
(D)(1) If a child is adjudicated a delinquent child for
committing an act that would be a felony if committed by an adult
and if the
child caused, attempted to cause, threatened to
cause,
or created a risk of physical harm to the victim of the
act, the
court, prior to issuing an order of disposition under
this
section, shall order the preparation of a victim impact
statement
by the probation department of the county in which the
victim of
the act resides, by the court's own probation department, or by a
victim assistance program that is operated by the state, a county,
a municipal
corporation, or another governmental entity. The court
shall
consider the victim impact statement in determining the
order of
disposition to issue for the child.
(2) Each victim impact statement shall identify the victim
of the
act for which the child was adjudicated a delinquent child,
itemize any
economic loss suffered by the victim as a result of
the act,
identify any physical injury suffered by the victim as a
result of
the act and the seriousness and permanence of the
injury, identify
any change in the victim's personal welfare or
familial
relationships as a result of the act and any
psychological impact
experienced by the victim or the victim's
family as a result of the act, and
contain any other
information
related to the impact of the act upon the victim that the
court
requires.
(3) A victim impact statement shall be kept confidential and
is
not a public record. However, the court may furnish copies of
the statement
to the department of youth services if the
delinquent child
is committed to the department or to both the
adjudicated
delinquent child or the adjudicated delinquent child's
counsel and
the prosecuting attorney. The copy of a victim impact
statement
furnished by the court to the department pursuant to
this section
shall be kept confidential and is not a public
record.
If an officer is preparing pursuant to section 2947.06 or
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence
investigation report pertaining to a person, the court shall make
available to the officer, for use in preparing the report, a copy
of any victim impact statement regarding that person. The copies
of a victim
impact statement that are made
available to the
adjudicated delinquent child or the adjudicated
delinquent child's
counsel and the
prosecuting attorney pursuant
to this division
shall be returned to the
court by the person to
whom they were
made available
immediately following the imposition
of an order of
disposition for the
child under this chapter.
The copy of a victim impact statement that is made available
pursuant to this division to an officer preparing a criminal
presentence investigation report shall be returned to the court by
the officer immediately following its use in preparing the report.
(4) The department of youth services shall work with local
probation departments and victim assistance programs to develop a
standard victim impact statement.
(E) If a child is adjudicated a delinquent child for being a
chronic
truant or an habitual truant who previously has been
adjudicated an
unruly child for being an habitual truant and the
court determines that
the parent, guardian, or other person having
care of the child has
failed to cause the child's attendance at
school in violation of
section 3321.38 of the Revised Code, in
addition to any
order of
disposition it makes under this section,
the court shall warn the
parent, guardian, or other person having
care of the child that
any subsequent adjudication of the child as
an unruly or
delinquent child for being an habitual or chronic
truant may
result in a criminal charge against the parent,
guardian, or other
person having care of the child for a violation
of division (C) of
section 2919.21 or section 2919.24 of the
Revised Code.
(F)(1) During the period of a delinquent child's community
control granted under this section, authorized probation officers
who are
engaged within the scope of their supervisory duties
or
responsibilities may search, with or without a warrant, the
person
of the delinquent child, the place of residence of the
delinquent
child, and a motor vehicle, another item of tangible or
intangible
personal property, or other real property in which the
delinquent
child has a right, title, or interest or for which the
delinquent
child has the express or implied permission of a person with a
right, title, or interest to use, occupy, or possess if the
probation officers
have reasonable grounds to believe that the
delinquent child is not abiding by
the law or otherwise is not
complying with the conditions of the
delinquent child's community
control. The court that places a
delinquent child on community
control under this section shall
provide the delinquent child with
a written notice that informs
the delinquent child that authorized
probation officers who are
engaged within the scope of their
supervisory duties or responsibilities may
conduct those types of
searches during the period of community control if they
have
reasonable grounds to believe that the delinquent child is
not
abiding by the law or otherwise is not complying with the
conditions of the delinquent child's community control. The court
also shall provide the written notice described in division
(E)(2)
of this section to each
parent, guardian, or custodian of the
delinquent child who is described in
that
division.
(2) The court that places a child on community control under
this
section shall provide the child's parent, guardian, or other
custodian
with a written notice that informs them that authorized
probation
officers may conduct searches pursuant to division
(E)(1) of this
section. The notice shall specifically state that
a permissible
search might extend to a motor vehicle, another item
of tangible
or intangible personal property, or a place of
residence or other
real property in which a notified parent,
guardian, or custodian
has a right, title, or interest and that
the parent, guardian, or
custodian expressly or impliedly permits
the child to use, occupy,
or possess.
(G) If a juvenile court commits a delinquent child to the
custody of any person, organization, or entity pursuant to this
section and if the delinquent act for which the child is so
committed is a sexually oriented offense, the court in the order
of disposition
shall do one of the following:
(1) Require that the child be provided treatment as
described in division (A)(2) of section 5139.13 of the Revised
Code;
(2) Inform the person, organization, or entity
that it is
the
preferred course of action in this state that the
child be
provided treatment as described in division (A)(2) of
section
5139.13
of the Revised Code and encourage the
person,
organization,
or entity to provide that treatment.
Sec. 2301.58. (A) The director of the
community-based
correctional facility or district community-based
correctional
facility may establish a commissary for the
facility. The
commissary may be established either in-house or
by another
arrangement. If a commissary is established, all
persons
incarcerated in the facility shall receive commissary
privileges.
A person's purchases from the commissary shall be
deducted from
the person's account record in the facility's
business office.
The commissary shall provide for the
distribution to indigent
persons incarcerated in the facility
necessary hygiene articles
and writing materials.
(B) If a commissary is established, the
director of the
community-based correctional facility or district
community-based
correctional facility shall establish a
commissary fund for the
facility. The management of funds in the
commissary fund shall be
strictly controlled in accordance with
procedures adopted by the
auditor of state. Commissary fund
revenue over and above
operating costs and reserve shall be
considered profits. All
profits from the commissary fund shall
be used to purchase
supplies and equipment for the benefit of
persons incarcerated in
the facility
and to pay salary and benefits for
employees of the
facility, or for any other persons, who work in or are
employed
for the sole purpose of providing service to the commissary. The
director of the
community-based correctional facility or district
community-based
correctional facility shall adopt rules and
regulations for the
operation of any commissary fund the director
establishes.
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. 2743.60. (A) The attorney
general, a
court of claims panel of commissioners, or a
judge of the court of claims shall not make or
order an award of
reparations to any claimant who, if the victim of the criminally
injurious conduct was an adult, did not file an application
for an award of reparations within two years after the date of the
occurrence of the criminally injurious conduct that caused the
injury or death for which the victim is seeking an award of reparations
or who, if the victim of that criminally injurious conduct was a
minor, did not file an application for an award of reparations
within the period provided by division (C)(1) of section 2743.56
of the Revised Code. An award of reparations shall not be made
to a claimant if the criminally injurious conduct upon which the
claimant bases a claim was not reported to a law enforcement officer
or agency within seventy-two hours after the occurrence of the
conduct, unless it is determined that good cause existed for the
failure to report the conduct within the seventy-two-hour period.
(B)(1) The attorney
general, a panel of
commissioners, or a judge of the court of claims shall
not make or order an award of reparations to a claimant
if any of the following apply:
(a) The claimant is the offender or an accomplice of the
offender who
committed the criminally injurious conduct, or the award would unjustly
benefit the offender or accomplice.
(b) Except as provided in division (B)(2) of this
section,
both of the following apply:
(i) The victim was a passenger in a motor vehicle and knew or
reasonably should
have known that the driver was under the influence of alcohol, a drug of
abuse, or both.
(ii) The claimant is seeking compensation for injuries
proximately caused by the driver described in division
(B)(1)(b)(i) of this section being under the
influence of alcohol, a drug of abuse, or both.
(c) Both of the following apply:
(i) The victim was under the influence of alcohol, a drug of
abuse, or both
and was a passenger in a motor vehicle and, if sober, should have reasonably
known that the driver was under
the influence of alcohol, a drug of abuse, or both.
(ii) The claimant is seeking compensation for injuries
proximately caused by the driver described in division
(B)(1)(b)(i) of this section being under the
influence of alcohol, a drug of abuse, or both.
(2) Division (B)(1)(b) of this section does not
apply if on the
date of the occurrence of the criminally injurious conduct, the
victim was under sixteen years of age or was at least sixteen
years of age but less than eighteen years of age and was
riding with a parent, guardian, or care-provider.
(C) The attorney general, a
panel of
commissioners, or a judge of the court of claims,
upon a finding that the claimant or victim has not fully
cooperated with appropriate law enforcement agencies, may deny a
claim or reconsider and reduce an award of reparations.
(D) The attorney general, a
panel of commissioners, or a judge of the court of claims
shall reduce an award of reparations or deny a claim for an award
of reparations that is otherwise payable to a claimant to the
extent that the economic loss upon which the claim is based is
recouped from other persons, including collateral sources. If an
award is reduced or a claim is denied because of the expected
recoupment of all or part of the economic loss of the claimant
from a collateral source, the amount of the award or the denial
of the claim shall be conditioned upon the claimant's economic
loss being recouped by the collateral source. If the award or
denial is conditioned upon the recoupment of the claimant's
economic loss from a collateral source and it is determined that
the claimant did not unreasonably fail to present a timely claim
to the collateral source and will not receive all or part of the
expected recoupment, the claim may be reopened and an award may
be made in an amount equal to the amount of expected recoupment
that it is determined the claimant will not receive from the
collateral source.
If the claimant recoups all or
part of the economic loss upon which the claim is based from any other person
or entity, including a collateral source, the attorney general may recover
pursuant to section 2743.72 of the Revised Code the part of the award that represents the
economic loss for which the claimant received the recoupment from the other
person or entity.
(E) The(1) Except as otherwise provided in division (E)(2) of this section, the attorney
general, a panel of
commissioners, or a judge of the court of claims shall
not make an award to a claimant if any of the
following applies:
(1)(a) The victim was convicted of a felony within ten
years prior to
the
criminally injurious conduct that
gave rise to the claim or is convicted of a felony during the pendency of the
claim.
(2)(b) The claimant was convicted of a felony within ten years prior to the
criminally injurious conduct that gave rise to the claim or is convicted of a
felony during the pendency of the claim.
(3)(c) It is
proved by a preponderance of the evidence that the victim or the
claimant engaged,
within ten years prior
to the criminally injurious conduct that gave rise to the claim or during
the pendency of the claim,
in an offense of violence, a violation of section 2925.03
of the Revised Code, or any substantially similar
offense that
also would constitute a felony under the laws of this state, another
state, or the United States.
(4)(d) The claimant was convicted of a violation of section
2919.22 or 2919.25 of the Revised Code, or of any state law
or municipal
ordinance substantially similar to either section, within ten
years prior to the criminally injurious conduct that gave rise to
the claim or during the pendency of the claim.
(2) The attorney general, a panel of commissioners, or a judge of the court of claims may make an award to a minor dependent of a deceased victim for dependent's economic loss if the minor dependent is not ineligible under division (E)(1) of this section due to the minor dependent's criminal history and if the victim was not killed while engaging in violent felonious conduct that contributed to the criminally injurious conduct that gave rise to the claim.
(F) In determining whether to make an award of reparations
pursuant to this section, the attorney
general or panel of
commissioners shall consider whether there was contributory
misconduct by the victim or the claimant.
The attorney general, a panel of commissioners, or
a judge of the court of claims shall reduce an award
of reparations
or deny a claim for an award of reparations to the extent it is
determined to be reasonable because of the contributory
misconduct of the claimant or the victim.
When the attorney general decides
whether a claim should be denied
because of an allegation of contributory misconduct, the burden of proof on
the
issue of
that alleged contributory misconduct shall be upon the claimant,
if either of the following apply:
(1) The victim was convicted of a felony more than ten
years prior to the criminally injurious conduct that is the
subject of the claim or has a record of felony arrests under the
laws of this state, another state, or the United States.
(2) There is good cause to believe that the victim engaged
in an ongoing course of criminal conduct within five years or
less of the criminally injurious conduct that is the subject of
the claim.
For purposes of this section, if it is proven by a
preponderance
of the evidence that the victim engaged in conduct at the time of the
criminally
injurious conduct that was a felony violation of section 2925.11
of the
Revised
Code,
the conduct shall be presumed to have contributed to the
criminally injurious conduct and shall result in a complete denial
of the claim.
(G) The attorney
general, a
panel of
commissioners, or a judge of the court of claims shall
not make an award of reparations to a claimant if
the criminally injurious conduct that caused the injury or death
that is the subject of the claim occurred to a victim who was an
adult and while the victim, after being convicted of or pleading
guilty to an offense, was serving a sentence of imprisonment in
any detention facility, as defined in section 2921.01 of the
Revised Code.
(H) If a claimant unreasonably fails to present a claim
timely to a source of benefits or advantages that would have been
a collateral source and that would have reimbursed the claimant
for all or a portion of a particular expense, the attorney
general, a panel of
commissioners, or a judge of the court of claims may
reduce an award of
reparations or deny a claim for an award of reparations to the
extent that it is reasonable to do so.
(I) Reparations payable to a victim and to all other
claimants sustaining economic loss because of injury to or the
death of that victim shall not exceed fifty thousand dollars in
the aggregate.
Sec. 2915.01. As used in this chapter:
(A)
"Bookmaking" means the business of receiving or paying
off bets.
(B)
"Bet" means the hazarding of anything of value upon
the
result of an event, undertaking, or contingency, but does not
include a bona fide business risk.
(C)
"Scheme of chance" means a
slot machine,
lottery, numbers
game,
pool,
or other scheme in which a
participant gives a
valuable
consideration for a chance to win a
prize,
but does not
include
bingo.
(D)
"Game of chance" means poker, craps, roulette,
or other game in which a player gives
anything of value in the hope of gain, the outcome of which is
determined largely
by chance,
but does not include
bingo.
(E)
"Game of chance conducted for profit"
means
any
game of chance designed to produce income for
the
person who conducts or operates the
game of chance,
but
does not include
bingo.
(F)
"Gambling device" means
any of the following:
(1) A book, totalizer, or other equipment for recording
bets;
(2) A ticket, token, or other device representing a
chance,
share, or interest in a scheme of chance or evidencing a bet;
(3) A deck of cards, dice, gaming table, roulette wheel,
slot machine,
or other apparatus designed for use in
connection with a game of chance;
(4) Any equipment, device, apparatus, or paraphernalia
specially designed for gambling purposes;
(5)
Bingo supplies sold or otherwise provided, or used, in
violation of this
chapter.
(G)
"Gambling offense" means any of the following:
(1) A violation of section 2915.02, 2915.03, 2915.04,
2915.05, 2915.07, 2915.08,
2915.081, 2915.082, 2915.09,
2915.091,
2915.092, 2915.10, or 2915.11
of the Revised Code;
(2) A violation of an existing or former municipal
ordinance
or law of this or any other state or the United States
substantially equivalent to any section listed in division (G)(1)
of this section or a violation of section 2915.06 of the
Revised
Code as it existed prior to
July
1, 1996;
(3) An offense under an existing or former municipal
ordinance or law of this or any other state or the United States,
of which gambling is an element;
(4) A conspiracy or attempt to commit, or complicity in
committing, any offense under division (G)(1), (2), or (3) of this
section.
(H)
Except as otherwise provided in this chapter,
"charitable organization" means any tax exempt
religious,
educational, veteran's, fraternal, service, nonprofit
medical,
volunteer rescue service, volunteer
firefighter's,
senior
citizen's, historic railroad educational, youth athletic, amateur athletic, or youth
athletic
park organization.
An organization is tax exempt if the
organization is, and has
received from the internal revenue
service a determination letter
that currently is in effect stating
that the organization is,
exempt from federal income taxation
under subsection 501(a) and
described in subsection 501(c)(3),
501(c)(4), 501(c)(8),
501(c)(10), or 501(c)(19) of the Internal
Revenue Code.
To
qualify as a charitable organization, an
organization, except a
volunteer rescue service or volunteer
fire
fighter's
organization,
shall have been in
continuous existence as
such in this state for
a period of two
years immediately preceding
either the making of
an application
for a
bingo license under
section 2915.08 of the
Revised Code or
the conducting of any
scheme of chance or game of
chance as
provided in division
(C) of
section 2915.02 of
the
Revised
Code.
A charitable organization
that is exempt from federal income taxation under subsection
501(a) and described in subsection 501(c)(3) of the Internal
Revenue Code and that is created by a veteran's organization or a
fraternal organization does not have to have been in continuous
existence as such in this state for a period of two years
immediately preceding either the making of an application for a
bingo license under section 2915.08 of the Revised Code or the
conducting of any scheme of chance or game of chance as provided
in division (D) of section 2915.02 of the Revised Code.
(I)
"Religious organization" means any church, body of
communicants, or group that is not organized or operated for
profit and that gathers in common membership for regular worship
and
religious observances.
(J)
"Educational organization" means any organization
within
this state that is not organized for profit, the
exclusive primary
purpose
of which
is
to educate and develop the capabilities of
individuals through instruction,
and that operates
or
contributes
to by means of operating or contributing to the support of a school, academy,
college, or
university.
(K)
"Veteran's organization" means any individual post or state headquarters of
a
national veteran's association or an auxiliary unit of any
individual post of a national veteran's association, which post, state headquarters,
or
auxiliary unit has been in continuous existence in this state for at least two years and incorporated as a nonprofit
corporation
for at least two years and either has received a letter from
the state
headquarters of the national veteran's association
indicating that
the individual post or auxiliary unit is in good
standing with the
national veteran's association or has received a letter from the national veteran's association indicating that the state headquarters is in good standing with the national veteran's association. As used in
this division,
"national veteran's association" means any
veteran's association
that has been in continuous existence as
such for a period of at
least
five years and either is
incorporated by an act of the
United States congress or has a
national dues-paying membership of
at least five thousand
persons.
(L)
"Volunteer
firefighter's organization"
means any
organization of volunteer
firefighters, as
defined in section
146.01
of the Revised Code, that is organized
and operated
exclusively
to provide financial support for a
volunteer fire
department or a
volunteer fire company
and that is
recognized or ratified by a county,
municipal corporation, or
township.
(M)
"Fraternal organization" means any society, order, state headquarters, or
association within this state, except a college or high school
fraternity, that is not organized for profit, that is a branch,
lodge, or chapter of a national or state organization, that
exists
exclusively for the common business or sodality of its
members,
and that has been in continuous existence in this state
for a
period of
five
years.
(N)
"Volunteer rescue service organization" means any
organization of volunteers organized to function as an emergency
medical service organization, as defined in section 4765.01 of the
Revised Code.
(O)
"Service organization" means any organization, not
organized for profit, that is organized and operated exclusively
to provide, or to contribute to the support of organizations or
institutions organized and operated exclusively to provide,
medical and therapeutic services for persons who are crippled,
born with birth defects, or have any other mental or physical
defect or those organized and operated exclusively to protect, or
to contribute to the support of organizations or institutions
organized and operated exclusively to protect, animals from
inhumane treatment.
(P)
"Nonprofit medical organization" means any
organization
that has been incorporated as a nonprofit
corporation for at least
five years and that has continuously
operated and will be operated
exclusively to provide, or to
contribute to the support of
organizations or institutions
organized and operated exclusively
to provide, hospital, medical,
research, or therapeutic services
for the public.
(Q)
"Senior citizen's organization" means any private
organization, not organized for profit, that is organized and
operated exclusively to provide recreational or social services
for persons who are fifty-five years of age or older and that is
described and qualified under subsection 501(c)(3) of the
Internal
Revenue Code.
(R)
"Charitable bingo game" means any bingo game
described
in
division
(S)(1) or (2) of this section that is
conducted by a
charitable organization that has obtained a
license pursuant
to section 2915.08 of the Revised Code and the
proceeds of which
are used for a charitable purpose.
(S)
"Bingo" means
either of the following:
(1) A game with all of the following characteristics:
(a) The participants use bingo cards
or sheets, including
paper formats and electronic representation or image formats, that
are
divided into
twenty-five spaces arranged in five horizontal
and
five vertical
rows of spaces, with each space, except the
central
space, being
designated by a combination of a letter and a
number
and with the
central space being designated as a free
space.
(b) The participants cover the spaces on the bingo cards
or
sheets that correspond to combinations of letters and numbers that
are
announced by a bingo game operator.
(c) A bingo game operator announces combinations of
letters
and numbers that appear on objects that a bingo game
operator
selects by chance, either manually or mechanically, from
a
receptacle that contains seventy-five objects at the beginning
of
each game, each object marked by a different combination of a
letter and a number that corresponds to one of the seventy-five
possible combinations of a letter and a number that can appear on
the bingo cards
or sheets.
(d) The winner of the bingo game includes any participant
who properly announces during the interval between the
announcements of letters and numbers as described in division
(S)(1)(c) of this section, that a predetermined and preannounced
pattern of spaces has been covered on a bingo card
or sheet being
used by
the participant.
(2)
Instant bingo, punch boards, and
raffles.
(T)
"Conduct" means to back, promote, organize, manage,
carry
on,
sponsor, or prepare for the operation of
bingo or
a
game
of
chance.
(U)
"Bingo game operator" means any person, except
security
personnel, who performs work or labor at the site of
bingo,
including, but not limited to, collecting money from
participants,
handing out bingo cards or
sheets or objects to cover spaces
on
bingo
cards
or sheets, selecting from a receptacle the objects
that
contain the
combination of letters and numbers that appear on
bingo cards
or sheets,
calling out the combinations of letters
and numbers,
distributing
prizes,
selling or redeeming instant
bingo
tickets or cards, supervising
the operation of a punch
board, selling raffle tickets,
selecting
raffle tickets from a
receptacle and announcing the winning
numbers
in a raffle, and
preparing, selling, and serving food or
beverages.
(V)
"Participant" means any person who plays bingo.
(W)
"Bingo session" means a period
that includes both of
the following:
(1) Not to exceed five
continuous hours
for the conduct of one or more
games
described in division (S)(1) of this section,
instant
bingo, and
seal cards;
(2) A period for the conduct of instant bingo and seal cards
for not
more
than two hours before and not more than two hours
after the
period
described in division
(W)(1) of this section.
(X)
"Gross receipts" means all money or assets, including
admission fees, that a person receives from
bingo
without the deduction of any amounts for
prizes paid out
or for the expenses of
conducting
bingo.
"Gross receipts" does not include
any money directly taken in from the sale of food or beverages by
a charitable organization conducting
bingo, or by a
bona
fide auxiliary unit or society of a charitable organization
conducting
bingo,
provided all of the following apply:
(1) The auxiliary unit or society has been in existence as
a
bona fide auxiliary unit or society of the charitable
organization
for at least two years prior to
conducting
bingo.
(2) The person who purchases the food or beverage receives
nothing of value except the food or beverage and items
customarily
received with the purchase of that food or beverage.
(3) The food and beverages are sold at customary and
reasonable prices.
(Y)
"Security personnel" includes any person who either is
a
sheriff, deputy sheriff, marshal, deputy marshal, township
constable, or member of an organized police department of a
municipal corporation or has successfully completed a peace
officer's training course pursuant to sections 109.71 to 109.79
of
the Revised Code and who is hired to provide security for the
premises on which
bingo
is conducted.
(Z)
"Charitable
purpose" means
that the
net profit of
bingo,
other than instant bingo, is used by, or
is
given,
donated, or
otherwise transferred to, any
of the following:
(1)
Any organization that is
described in subsection
509(a)(1), 509(a)(2), or 509(a)(3) of the
Internal Revenue Code
and is either a governmental unit or an
organization that is tax
exempt under subsection 501(a) and
described in subsection
501(c)(3) of the Internal Revenue Code;
(2)
A veteran's organization that is a post, chapter,
or organization of
veterans, or an auxiliary unit or society
of, or a trust or
foundation for, any such post, chapter, or
organization organized
in the United States or any of its
possessions, at least
seventy-five per cent of the members of
which are
veterans and
substantially all of the other members
of which are individuals
who are
spouses, widows, or widowers of
veterans, or such individuals,
provided that no part of the net
earnings of such post, chapter,
or
organization inures to the benefit of
any private shareholder
or
individual, and further provided that
the
net profit is used by the post, chapter, or
organization for
the charitable
purposes set forth in division (B)(12) of section
5739.02 of the
Revised Code,
is used for awarding
scholarships
to or for
attendance at an institution mentioned in division
(B)(12) of
section 5739.02 of the Revised Code,
is donated
to
a
governmental agency, or
is used for nonprofit youth
activities,
the purchase of United States or Ohio flags that are
donated to
schools, youth groups, or other bona fide nonprofit
organizations, promotion of patriotism, or disaster relief;
(3) A fraternal organization
that
has been
in continuous
existence in this state for fifteen years
and that uses
the
net
profit
exclusively for religious, charitable, scientific,
literary, or
educational purposes, or for the prevention of
cruelty to
children or animals, if contributions for such use
would qualify
as a deductible charitable contribution under
subsection 170 of
the Internal Revenue Code;
(4)
A volunteer
firefighter's organization
that uses the net profit for the
purposes set
forth in division (L) of
this section.
(AA)
"Internal Revenue Code" means the
"Internal Revenue
Code
of 1986," 100 Stat. 2085, 26 U.S.C. 1, as now or hereafter
amended.
(BB)
"Youth athletic organization" means any organization,
not organized for profit, that is organized and operated
exclusively to provide financial support to, or to operate,
athletic activities for persons who are twenty-one years of age
or
younger by means of sponsoring, organizing, operating, or
contributing to the support of an athletic team, club, league, or
association.
(CC)
"Youth athletic park organization" means any
organization, not organized for profit, that satisfies both of
the
following:
(1) It owns, operates, and maintains playing fields that
satisfy both of the following:
(a) The playing fields are used at least one hundred days
per year for athletic activities by one or more organizations,
not
organized for profit, each of which is organized and operated
exclusively to provide financial support to, or to operate,
athletic activities for persons who are eighteen years of age or
younger by means of sponsoring, organizing, operating, or
contributing to the support of an athletic team, club, league, or
association.
(b) The playing fields are not used for any profit-making
activity at any time during the year.
(2) It uses the proceeds of
bingo
it conducts
exclusively for the operation, maintenance, and improvement of
its
playing fields of the type described in division (CC)(1) of
this
section.
(DD)
"Amateur athletic organization" means any
organization,
not organized for profit, that is organized and operated
exclusively to provide financial support to, or to operate,
athletic
activities for persons who are training for amateur
athletic competition that
is sanctioned by a national governing
body as defined in the
"Amateur
Sports Act of 1978," 90 Stat.
3045, 36 U.S.C.A. 373.
(EE)
"Bingo supplies" means bingo
cards or sheets; instant
bingo tickets or
cards; electronic bingo
aids; raffle tickets;
punch boards; seal
cards;
instant bingo
ticket dispensers; and
devices for selecting
or
displaying
the
combination of bingo
letters and numbers or
raffle
tickets. Items
that are
"bingo
supplies" are not
gambling
devices
if sold or
otherwise provided,
and used, in accordance
with this
chapter. For
purposes of this
chapter, "bingo supplies"
are not to be
considered equipment used
to conduct a bingo game.
(FF)
"Instant bingo" means a form of
bingo that uses folded
or banded tickets or paper cards with
perforated break-open tabs,
a face of which is covered or
otherwise hidden from view to
conceal a number, letter, or
symbol, or set of numbers, letters,
or symbols, some of which
have been designated in advance as prize
winners. "Instant bingo" includes seal cards. "Instant bingo"
does not include any device that is activated by
the insertion of
a coin, currency, token, or an equivalent, and that
contains as
one of its components a video display monitor that is
capable of
displaying numbers, letters, symbols, or characters in
winning or
losing combinations.
(GG)
"Seal card" means a
form of instant bingo that uses
instant bingo tickets in conjunction
with a board or placard that
contains one or more
seals that, when removed or opened, reveal
predesignated winning
numbers, letters, or symbols.
(HH)
"Raffle" means a form of bingo
in which the one or more
prizes are won by one or more persons
who have purchased a raffle
ticket. The one or more winners of
the raffle are determined by
drawing a ticket stub or other
detachable section from a
receptacle containing ticket stubs or
detachable sections
corresponding to all tickets sold for the
raffle.
(II)
"Punch board" means a board
containing a number of
holes
or receptacles of uniform size in
which are placed,
mechanically
and randomly, serially numbered
slips of paper that
may be punched
or drawn from the hole or
receptacle when used in
conjunction with
instant bingo. A player
may punch or draw the
numbered slips of
paper from the holes or
receptacles and obtain
the prize
established for the game if the
number drawn corresponds
to a
winning number or, if the punch
board includes the use of a
seal
card, a potential winning
number.
(JJ)
"Gross profit" means gross
receipts minus the amount
actually expended for the payment of
prize awards.
(KK)
"Net profit" means gross profit
minus expenses.
(LL)
"Expenses" means the reasonable
amount of gross profit
actually expended for all of the
following:
(1)
The purchase or lease of bingo supplies;
(2)
The annual license fee required under section
2915.08 of
the Revised Code;
(3)
Bank fees and service charges for a bingo session or
game
account described in section 2915.10 of the Revised Code;
(4)
Audits and accounting services;
(7)
Hiring security personnel;
(9) Renting premises in which to conduct bingo;
(11) Expenses for maintaining and operating a charitable organization's facilities, including, but not limited to, a post home, club house, lounge, tavern, or canteen and any grounds attached to the post home, club house, lounge, tavern, or canteen;
(12) Any other product or service directly related to
the
conduct of bingo that is authorized in rules adopted by the
attorney
general under division (B)(1) of section
2915.08 of the
Revised Code.
(MM)
"Person" has the same meaning as
in section 1.59 of the
Revised Code and includes
any firm or any other legal entity,
however organized.
(NN)
"Revoke" means to void
permanently all rights and
privileges of the holder of a license
issued under section
2915.08, 2915.081, or 2915.082 of the Revised Code
or a charitable
gaming license issued by
another jurisdiction.
(OO)
"Suspend" means to interrupt
temporarily all rights and
privileges of the holder of a license
issued under section
2915.08, 2915.081, or 2915.082 of the Revised Code
or a charitable
gaming license issued by
another jurisdiction.
(PP)
"Distributor" means any person who purchases or obtains
bingo
supplies and who sells, offers for sale, or otherwise
provides
or offers to provide the
bingo supplies to another person
for use in this
state.
(QQ)
"Manufacturer" means any person who assembles completed
bingo
supplies from raw materials, other items, or subparts or who
modifies, converts, adds to, or removes parts from bingo supplies
to further their promotion or sale.
(RR)
"Gross annual revenues" means the annual gross receipts
derived from the conduct of bingo described in division (S)(1) of
this section plus the annual net profit derived from the conduct
of bingo
described in division (S)(2) of this section.
(SS) "Instant bingo ticket dispenser" means a mechanical
device that dispenses an instant bingo ticket or card as the sole
item of value dispensed and that has the following
characteristics:
(1) It is activated upon the insertion of United States
currency.
(2) It performs no gaming functions.
(3) It does not contain a video display monitor or generate
noise.
(4) It is not capable of displaying any numbers, letters,
symbols, or characters in winning or losing combinations.
(5) It does not simulate or display rolling or spinning
reels.
(6) It is incapable of determining whether a dispensed
bingo ticket or card is a winning or nonwinning ticket or card and
requires a winning ticket or card to be paid by a bingo game
operator.
(7) It may provide accounting and security features to aid
in accounting for the instant bingo tickets or cards it dispenses.
(8) It is not part of an electronic network and is not
interactive.
(TT)(1) "Electronic bingo aid" means an electronic device
used by a participant to monitor bingo cards or sheets
purchased
at the time and place of a bingo session and that does
all of the
following:
(a) It provides a means for a participant to input numbers
and letters announced by a bingo caller.
(b) It compares the numbers and letters entered by the
participant to
the bingo faces previously stored in the memory of
the device.
(c) It identifies a winning bingo pattern.
(2) "Electronic bingo aid" does not include any device into
which a coin, currency, token, or an equivalent is inserted to
activate play.
(UU) "Deal of instant bingo tickets" means a single game of
instant bingo tickets all with the same serial number.
(VV) "Slot" machine means either of the following:
(1) Any
mechanical, electronic, video, or digital device
that is capable
of accepting anything of value, directly or
indirectly, from or on
behalf of a player who gives the thing of
value in the hope of
gain, the outcome of which is determined
largely or wholly by
chance;
(2) Any mechanical, electronic, video, or digital device
that is capable of accepting anything of value, directly or
indirectly, from or on behalf of a player to conduct or dispense
bingo or a scheme or game of chance.
(WW) "Net profit from the
proceeds of the sale of instant
bingo" means gross profit minus
the ordinary, necessary, and
reasonable expense expended for the
purchase of instant bingo
supplies.
(XX) "Charitable instant bingo organization" means an
organization that is exempt from federal income taxation under
subsection 501(a) and described in subsection 501(c)(3) of the
Internal Revenue Code and is a charitable organization as defined
in this section. A "charitable instant bingo organization" does
not include a charitable organization that is exempt from federal
income taxation under subsection 501(a) and described in
subsection 501(c)(3) of the Internal Revenue Code and that is
created by a veteran's organization or a fraternal organization in
regards to bingo conducted or assisted by a veteran's organization
or a fraternal organization pursuant to section 2915.13 of the
Revised Code.
(YY) "Game flare" means the board or placard that accompanies each deal of instant bingo tickets and that has printed on or affixed to it the following information for the game:
(1) The name of the game;
(2) The manufacturer's name or distinctive logo;
(5) The prize structure, including the number of winning instant bingo tickets by denomination and the respective winning symbol or number combinations for the winning instant bingo tickets;
(7) The serial number of the game.
(ZZ) "Historic railroad educational organization" means an organization that is exempt from federal income taxation under subsection 501(a) and described in subsection 501(c)(3) of the Internal Revenue Code, that owns in fee simple the tracks and the right of way of a historic railroad that the organization restores or maintains and on which the organization provides excursions as part of a program to promote tourism and educate visitors regarding the role of railroad transportation in Ohio history, and that received as donations from a charitable organization that holds a license to conduct bingo under this chapter an amount equal to at least fifty per cent of that licensed charitable organization's net proceeds from the conduct of bingo during each of the five years preceding June 30, 2003. "Historic railroad" means all or a portion of the tracks and right of way of a railroad that was owned and operated by a for profit common carrier in this state at any time prior to January 1, 1950.
Sec. 2915.02. (A) No person shall do any of the
following:
(1) Engage in bookmaking, or knowingly engage in conduct
that facilitates bookmaking;
(2) Establish, promote, or operate or knowingly engage in
conduct that facilitates any
game of chance conducted
for profit
or, any scheme of chance other than a pool, or any pool conducted for profit;
(3) Knowingly procure, transmit, exchange, or engage in
conduct that facilitates the procurement, transmission, or
exchange of information for use in establishing odds or
determining winners in connection with bookmaking or with any
game of chance conducted for profit
or any scheme of
chance;
(4) Engage in betting or in playing any scheme or game of
chance as a substantial source
of
income or livelihood;
(5) With purpose to violate division (A)(1), (2), (3), or
(4) of this section, acquire, possess, control, or operate any
gambling device.
(B) For purposes of division (A)(1) of this section, a
person facilitates bookmaking if the person in any way knowingly
aids an
illegal bookmaking operation, including, without
limitation,
placing a bet with a person engaged in or facilitating
illegal
bookmaking. For purposes of division (A)(2) of this
section, a
person facilitates a
game of chance conducted
for
profit
or a scheme of chance if the person in any way
knowingly aids in
the conduct or
operation of any such
game
or scheme, including,
without
limitation, playing any such
game
or scheme.
(C) This section does not prohibit conduct in connection
with gambling expressly permitted by law.
(D) This section does not apply to any of the following:
(1)
Games of chance, if all of the following apply:
(a) The games of chance are not craps for money
or roulette
for money.
(b) The games of chance are conducted by a charitable
organization that is, and has received from the internal revenue
service a determination letter that is currently in effect,
stating that the organization is, exempt from federal income
taxation under subsection 501(a) and described in subsection
501(c)(3) of the Internal Revenue Code.
(c) The games of chance are conducted at festivals of the
charitable
organization that are conducted either for a period of
four
consecutive days or less and not more than twice a year or
for a
period of five consecutive days not more than once a year,
and
are conducted on premises owned by the charitable organization
for a period of no less than one year immediately preceding the
conducting of the games of chance, on premises leased from a
governmental unit, or on premises that are leased from a
veteran's
or fraternal organization and that have been owned by
the lessor
veteran's or fraternal organization for a period of no
less than
one year immediately preceding the conducting of the
games of
chance.
A charitable organization shall not lease premises from a
veteran's or fraternal organization to conduct a festival
described in
division (D)(1)(c) of this section if the
veteran's or
fraternal
organization already has leased the
premises
four times during the preceding year to charitable
organizations for
that purpose. If a charitable organization
leases premises from
a veteran's or fraternal organization to
conduct a festival
described in division (D)(1)(c) of this
section, the
charitable
organization shall not pay a rental rate
for the premises per day
of the festival that exceeds the rental
rate per bingo session
that a charitable organization may pay
under division
(B)(1) of
section 2915.09 of the Revised Code
when it leases premises from
another charitable organization to
conduct bingo games.
(d) All of the money or assets received from the games of
chance after deduction only of prizes paid out during the conduct
of the games of chance are used by, or given, donated, or
otherwise transferred to, any organization that is described in
subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the Internal
Revenue Code and is either a governmental unit or an organization
that is tax exempt under subsection 501(a) and described in
subsection 501(c)(3) of the Internal Revenue Code;
(e) The games of chance are not conducted during, or
within
ten hours of, a bingo game conducted for amusement
purposes only
pursuant to section 2915.12 of the Revised Code.
No person shall receive any commission, wage, salary,
reward,
tip, donation, gratuity, or other form of compensation,
directly
or indirectly, for operating or assisting in the
operation of any
game of chance.
(2) Any tag fishing tournament operated under a permit
issued under section 1533.92 of the Revised Code, as
"tag fishing
tournament" is defined in section 1531.01 of the Revised Code;
(3) Bingo conducted by a charitable organization that holds
a
license
issued under section 2915.08 of the Revised Code.
(E) Division (D) of this section shall not be construed to
authorize the sale, lease, or other temporary or permanent
transfer of the right to conduct
games of
chance, as granted by
that division, by any
charitable organization that is granted that right.
(F) Whoever violates this section is guilty of gambling, a
misdemeanor of the first degree. If the offender previously has
been
convicted of any gambling offense, gambling is a felony of
the fifth degree.
Sec. 2915.08. (A)(1) Annually before the first day of
January,
a charitable organization that desires to conduct bingo, instant bingo at a bingo session, or instant bingo other
than at a bingo session
shall make out, upon a
form to
be furnished by the attorney general for
that purpose, an
application for a license to conduct bingo,
instant bingo at a bingo session, or instant bingo other than at a
bingo session and
deliver that
application to the attorney general
together with a license fee
as follows:
(a) Except as otherwise provided in this division, for a
license for the conduct of bingo, two hundred
dollars;
(b) For a
license for the conduct of instant bingo at a
bingo session or
instant bingo other
than at a bingo session for a charitiable charitable organization that previously has not been licensed under this chapter to conduct instant bingo at a bingo session or instant bingo other than at a bingo session, a license fee of five hundred dollars, and for any other charitable organization, a
license fee
that is
based upon
the
total of all
money or assets
gross profits received by any person
or the
charitable organization from the
operation of instant bingo
at a bingo session or instant bingo
other
than at a bingo session,
during the one-year period ending
on the
thirty-first day of
October of the year immediately
preceding the
year for which the
license is sought, and that is
one of the
following:
(i)
Five hundred dollars, if the total is fifty thousand dollars or less;
(ii)
One thousand two hundred fifty dollars, if the total is more than fifty thousand dollars but less than three hundred thousand one
dollars;
(iii)
Two thousand two hundred fifty dollars, if the total is
more than three
hundred thousand dollars but less than six hundred
thousand one dollars;
(iv)
Three thousand five hundred dollars, if the total is more than six
hundred thousand dollars but less than one million one dollars;
(v)
Five thousand dollars, if the total is one million
one
dollars or more;
(c) A reduced license fee established by the
attorney
general
pursuant to division (G) of this section.
(d) For a license to conduct bingo for a
charitable organization that prior to the effective date of this
amendment the effective date of this amendment has not been licensed under this chapter to conduct
bingo, instant bingo at a bingo session, or instant bingo other
than at a bingo session, a license fee established by rule by the
attorney general in accordance with division (H) of this section.
(2) The
application shall be in the form prescribed by the
attorney
general, shall be signed and sworn to by the
applicant, and shall contain
all of the following:
(a) The name and post-office address of the applicant;
(b) A statement that the applicant is a charitable
organization and that it has been in continuous existence as a
charitable organization in this state for
two years
immediately
preceding the making of the application
or for five
years in the
case of a
fraternal organization or a
nonprofit medical
organization;
(c) The location at which the organization will conduct
bingo, which location shall be within
the
county in
which
the
principal place of business of the
applicant
is
located, the
days
of the week and the times on each
of those
days
when
bingo
will be conducted, whether the
organization
owns, leases,
or subleases the premises, and a copy
of the rental
agreement if
it leases or subleases the premises;
(d) A statement of the applicant's previous history,
record,
and association that is sufficient to establish that the
applicant
is a charitable organization, and a copy of a
determination letter
that is issued by the Internal Revenue
Service and states that the
organization is tax exempt under
subsection 501(a) and described
in subsection 501(c)(3),
501(c)(4), 501(c)(8), 501(c)(10), or
501(c)(19) of the Internal
Revenue Code;
(e) A statement as to whether the applicant has ever had
any
previous application refused, whether it previously has had a
license revoked or suspended, and the reason stated by the
attorney general for the refusal, revocation, or suspension;
(f) A statement of the charitable
purposes for
which the
net profit derived from bingo, other than
instant bingo, will be used, and a statement of how the net profit
derived from instant bingo will be distributed in accordance with
section 2915.101 of the Revised Code;
(g) Other necessary and reasonable information that the
attorney general may require by rule adopted pursuant to section
111.15 of the Revised Code;
(h) If the applicant is a charitable
trust as defined in
section 109.23 of the Revised Code, a
statement as to whether it
has registered with the attorney general
pursuant to section
109.26 of the Revised Code or filed
annual reports pursuant to
section 109.31 of the Revised
Code,
and, if it is not required to
do either, the exemption in section 109.26
or 109.31 of the
Revised Code that applies to it;
(i) If the applicant is a charitable organization as
defined
in
section 1716.01 of the Revised Code, a statement as to
whether
it
has filed with the attorney general a registration
statement
pursuant to
section 1716.02 of the Revised Code and a
financial
report
pursuant to section 1716.04 of the Revised Code,
and, if it
is not
required to do both, the exemption in section
1716.03 of
the
Revised Code that applies to it;
(j) In the case of an applicant seeking to qualify as a
youth athletic park organization, a statement issued by a board or
body
vested with authority under Chapter 755. of the Revised Code
for
the supervision and maintenance of recreation facilities in
the
territory in which the organization is located, certifying
that
the playing fields owned by the organization were used for
at
least one hundred days during the year in which the statement
is
issued, and were open for use to all residents of that
territory,
regardless of race, color, creed, religion, sex, or
national
origin, for athletic activities by youth athletic
organizations that do not discriminate on the basis of race,
color, creed,
religion, sex, or national origin, and that the
fields were not
used for any profit-making activity at any time
during the year.
That type of board or body is authorized to
issue the statement
upon request and shall issue the statement if
it finds that the
applicant's playing fields were so used.
(3) The attorney general, within thirty days after receiving
a
timely filed application from a charitable organization that has
been issued a
license
under this section that has not
expired and has not been
revoked or suspended, shall send a
temporary permit to the
applicant specifying the date on which the
application was filed
with the attorney general and stating that,
pursuant to section
119.06 of the Revised Code, the applicant may
continue to conduct
bingo
until a new license is granted or,
if the application
is rejected, until fifteen days after notice of
the rejection is
mailed to the applicant. The temporary permit
does not affect
the
validity of the applicant's application and
does not grant
any
rights to the applicant except those rights
specifically
granted
in section 119.06 of the Revised Code. The
issuance of a
temporary permit by the attorney general pursuant to
this
division does not prohibit the attorney general
from rejecting
the applicant's application because of acts that
the applicant
committed, or actions that the applicant failed to
take,
before
or after the
issuance of the temporary permit.
(4) Within thirty days after receiving an initial license
application from a charitable organization to conduct bingo,
instant bingo at a bingo session, or instant bingo other than at a
bingo session, the
attorney general shall conduct a preliminary
review of the
application and notify the applicant regarding any
deficiencies.
Once an application is deemed complete, or beginning
on the thirtieth day after the application
is filed, if
the
attorney general failed to notify the applicant
of any
deficiencies, the attorney general shall have an additional
sixty
days to conduct an investigation and either grant or deny
the
application based on findings established and communicated in
accordance with divisions (B) and (E) of this section. As an
option to granting or denying an initial license application, the
attorney general may grant a temporary license and request
additional time to conduct the investigation if the attorney
general has cause to believe that additional time is necessary to
complete the investigation and has notified the applicant in
writing about the specific concerns raised during the
investigation.
(B)(1) The attorney general shall adopt rules to enforce
sections 2915.01, 2915.02,
and 2915.07 to
2915.13 of the
Revised
Code to ensure that bingo
or instant bingo is
conducted
in accordance
with
those
sections and to maintain
proper control
over the
conduct
of
bingo
or instant bingo.
The rules,
except rules adopted pursuant
to
divisions
(A)(2)(g)
and (G) of this section, shall
be adopted
pursuant to
Chapter 119.
of the Revised Code. The
attorney
general shall
license
charitable organizations to conduct
bingo, instant
bingo at
a bingo session, or instant bingo other than at a bingo
session in
conformance
with this chapter and with the
licensing
provisions
of
Chapter
119. of the Revised Code.
(2) The attorney general may refuse to grant a
license
to any organization, or revoke or suspend the license of
any
organization, that does any of the following or to which any
of
the following applies:
(a) Fails or has failed at any time to meet any
requirement
of section 109.26, 109.31, or 1716.02, or sections 2915.07
to
2915.11 of the Revised Code,
or violates or has violated any
provision of sections 2915.02 or
2915.07 to
2915.13 of the
Revised
Code or any rule adopted by the
attorney general pursuant
to this
section;
(b) Makes or has made an incorrect or false statement that
is material to the granting of the license in an application
filed
pursuant to division (A) of this section;
(c) Submits or has submitted any incorrect or false
information relating to an application if the information is
material to the granting of the license;
(d) Maintains or has maintained any incorrect or false
information that is material to the granting of the license in
the
records required to be kept pursuant to
divisions (A)
and
(C) of
section
2915.10 of the Revised Code, if applicable;
(e) The attorney general has good cause to believe
that the
organization will
not
conduct
bingo, instant bingo at a
bingo session, or instant bingo other than at a bingo session in
accordance with
sections
2915.07 to
2915.13 of
the
Revised Code or
with any rule
adopted by
the attorney general
pursuant to this
section.
(3) For the purposes of
division
(B) of this section,
any action of an
officer, trustee, agent, representative, or bingo
game operator
of
an organization is an action of the organization.
(C) The attorney general may grant
licenses to
charitable organizations that are branches, lodges, or chapters
of
national charitable organizations.
(D) The attorney general shall send notice in writing to
the
prosecuting attorney and sheriff of the county in which the
organization will conduct
bingo, instant bingo at a bingo
session, or instant bingo other than at a bingo session, as stated
in its
application for a license or amended license, and to any
other
law
enforcement agency in that county that so requests, of
all of
the
following:
(1) The issuance of the license;
(2) The issuance of the amended license;
(3) The rejection of an application for and refusal to
grant
a license;
(4) The revocation of any license previously issued;
(5) The suspension of any license previously issued.
(E) A
license issued by the attorney general shall
set
forth the information contained on the application of the
charitable organization that the attorney general determines is
relevant, including, but not limited to, the location at which
the
organization will conduct
bingo, instant bingo at a bingo
session, or instant bingo other than at a bingo session and the
days of the
week
and the times on each of those days when
bingo
will be
conducted. If the attorney general refuses to
grant or
revokes or
suspends a
license, the attorney
general
shall notify the
applicant in writing and specifically
identify the reason for the
refusal, revocation, or suspension in
narrative form and, if
applicable, by identifying the section of
the Revised Code
violated. The failure of the attorney general to
give the
written
notice of the reasons for the refusal,
revocation, or
suspension
or a mistake in the written notice does
not affect the
validity of
the attorney general's refusal to
grant, or the
revocation or
suspension of, a
license. If
the attorney
general fails to
give the written notice or if there
is a mistake
in the written
notice, the applicant may bring an
action to
compel the attorney
general to comply with this division
or to
correct the mistake,
but the attorney general's order
refusing to
grant, or revoking or
suspending, a
license
shall not be
enjoined during the
pendency of the action.
(F) A charitable organization that has been issued a
license pursuant to division (B) of this section but that cannot
conduct bingo
or instant bingo at the location, or on the
day of the week
or
at the time, specified on the license due to
circumstances
that make it impractical to do so
may apply in writing, together with an
application fee of
two hundred fifty dollars, to the attorney
general, at least
thirty days prior to a change in location,
day of the week, or
time, and request an amended
license.
The application shall
describe
the causes making it
impractical for
the
organization to conduct
bingo
or instant bingo in conformity with
its
license and shall
indicate the location, days of the week, and
times on each of
those days when it desires to conduct
bingo
or instant bingo. Except as otherwise provided in this
division,
the attorney general shall issue the
amended
license in
accordance
with division (E) of this section, and the
organization
shall
surrender its original license to the attorney
general. The
attorney general
may refuse to grant
an
amended
license according to the terms
of
division (B) of
this section.
(G) The attorney general, by rule adopted pursuant to
section 111.15 of the Revised Code, shall establish a schedule of
reduced license fees for charitable organizations that desire to
conduct bingo
or instant bingo during fewer than twenty-six
weeks in any
calendar year.
(H) The attorney general, by rule adopted pursuant to section
111.15 of the Revised Code, shall establish license fees for the
conduct of bingo, instant bingo at a bingo session, or instant
bingo other than at a bingo session for charitable organizations
that prior to the effective date of this amendment the effective date of this amendment have not been
licensed to conduct bingo, instant bingo at a bingo session, or
instant bingo other than at a bingo session under this chapter.
(I) The attorney general may enter into a written contract
with any other state agency to delegate to that state agency the
powers prescribed to the attorney general under Chapter 2915. of
the Revised Code.
(J) The attorney general, by rule adopted pursuant to
section 111.15 of the Revised Code, may adopt rules to determine
the requirements for a charitable organization that is exempt from
federal income taxation under subsection 501(a) and described in
subsection 501(c)(3) of the Internal Revenue Code to be in good
standing in the state.
Sec. 2915.09. (A)
No charitable organization that conducts
bingo
shall
fail to do
any of the following:
(1) Own all of the equipment used to conduct
bingo
or lease that equipment from a charitable organization that
is
licensed to conduct
bingo
for a rental rate that is
not
more than is customary and reasonable for that equipment;
(2) Use Except as otherwise provided in division (A)(3) of this section, use all of the gross receipts from
bingo
for
paying prizes,
for
renting premises in which to conduct bingo,
for purchasing or leasing bingo
supplies
used in conducting
bingo,
for hiring
security
personnel,
for advertising
bingo, or for
other expenses listed in division (LL) of section 2915.01 of the
Revised Code,
provided that the amount of the receipts so spent is
not
more than
is customary and reasonable for a similar purchase,
lease, hiring,
advertising,
or expense. If the
building in which
bingo is
conducted is owned by the
charitable
organization
conducting
bingo and the bingo
conducted includes
a form of bingo described
in division
(S)(1) of
section 2915.01 of
the Revised Code, the charitable
organization
may deduct from
the
total amount of the gross
receipts from each
session a sum
equal
to the lesser of six
hundred dollars or
forty-five
per cent of the
gross receipts from
the
bingo
described in
that division
as consideration for
the use of the
premises.
(3)
Use, or give, donate, or otherwise transfer, all
of the
net profit derived from bingo, other than instant bingo,
for a charitable purpose
listed in its license
application and
described in division (Z) of
section 2915.01 of the
Revised Code,
or distribute all of the net profit derived from instant bingo from the proceeds of the sale of instant bingo as
stated in its license application and in accordance with section
2915.101 of the Revised Code.
(B)
No charitable organization that conducts a
bingo game
described in division (S)(1) of section 2915.01 of the Revised
Code shall fail to do any of
the following:
(1)
Conduct the bingo game on premises that are owned by
the
charitable organization, on premises that are owned by
another
charitable organization and leased from that charitable
organization for a rental rate not in excess of
the lesser of
six hundred
dollars per bingo session
or forty-five per cent
of the gross receipts of
the bingo session, on premises that are
leased from a
person other than a charitable organization for a
rental rate
that is not more than is customary and reasonable for
premises
that are similar in location, size, and quality but not
in excess
of four hundred fifty dollars per bingo session, or on
premises
that are owned by a person other than a charitable
organization,
that are leased from that person by another
charitable
organization, and that are subleased from that other
charitable
organization by the charitable organization for a
rental rate not
in excess of four hundred fifty dollars per bingo
session.
If the
charitable organization leases from a person
other than a
charitable organization the premises on which it
conducts bingo
sessions, the lessor of the premises shall
provide
only the premises
to the organization and shall not
provide the
organization with
bingo game operators, security
personnel,
concessions or
concession operators, bingo
supplies, or any other
type of
service or equipment. A charitable
organization shall not
lease
or sublease premises that it owns or
leases to more than one
other charitable organization per calendar
week for the purpose
of
conducting bingo
sessions on the
premises. A person that is not
a
charitable organization shall
not lease premises that it owns,
leases, or otherwise is empowered
to lease to more than one
charitable organization per calendar
week for conducting bingo
sessions on the premises. In no
case shall more than two bingo
sessions be conducted on any
premises in any calendar week.
(2) Display its
license conspicuously at the
premises where the bingo
session is conducted;
(3) Conduct the bingo
session in accordance with the
definition of bingo set forth in division (S)(1) of section
2915.01 of the Revised Code.
(C)
No charitable organization that conducts a bingo
game
described in division (S)(1) of section 2915.01 of the
Revised
Code shall
do any of the following:
(1) Pay any compensation to a bingo game operator for
operating a bingo
session that is conducted by the charitable
organization or for preparing, selling, or serving food or
beverages at the site of the bingo
session, permit any
auxiliary
unit
or society of the charitable organization to pay
compensation to
any bingo game operator who prepares, sells, or
serves food or
beverages at a bingo session conducted by the
charitable
organization, or permit any auxiliary unit or society
of the
charitable organization to prepare, sell, or serve food or
beverages at a bingo session conducted by the charitable
organization, if the auxiliary unit or society pays any
compensation to the bingo game operators who prepare, sell, or
serve the food or beverages;
(2) Pay consulting fees to any person for any services
performed in relation to the bingo
session;
(3) Pay concession fees to any person who provides
refreshments to the participants in the bingo
session;
(4)
Except as otherwise provided in division
(C)(4)
of this section, conduct more than two bingo sessions in
any
seven-day
period.
A volunteer
firefighter's organization
or a
volunteer
rescue service
organization that
conducts not more than five bingo sessions in
a
calendar year may
conduct more than two bingo sessions in a
seven-day period
after
notifying the attorney general when it will
conduct the
sessions.
(5) Pay out more than three thousand five hundred dollars
in
prizes during any bingo session that is conducted by the
charitable organization;. "Prizes" does not include awards from the conduct of instant bingo.
(6) Conduct a bingo session at any time during the
ten-hour
period between midnight and ten a.m., at any time
during, or
within ten hours of, a bingo game conducted for
amusement only
pursuant to section 2915.12 of the Revised Code,
at any
premises not specified on its
license, or on any day
of the
week or
during any time period not specified on its
license.
If
circumstances
make it
impractical
for the
charitable organization to conduct a bingo session at the
premises, or on the day of the week or at the time,
specified on its
license or if a charitable
organization
wants to conduct bingo sessions on a day of the week
or at a time
other than the day or time specified on its
license, the
charitable organization may apply in writing to the
attorney
general for an amended
license pursuant to
division (F) of
section 2915.08 of the Revised Code. A
charitable
organization
may apply
twice in each
calendar year
for
an amended
license to conduct bingo sessions on a day of the
week
or at a
time other than the day or time specified on its
license.
If
the amended license is granted, the
organization may
conduct
bingo
sessions at the
premises, on the
day of the
week, and at
the
time
specified on its amended
license.
(7) Permit any person whom the charitable organization
knows, or should have known, is under the age of eighteen to work
as a bingo game operator;
(8) Permit any person whom the charitable organization
knows, or should have known, has been convicted of a felony or
gambling offense in any jurisdiction to be a bingo game operator;
(9) Permit the lessor of the premises on which
the bingo
session is
conducted, if the lessor is not a charitable
organization, to
provide the charitable organization with bingo
game operators,
security personnel, concessions, bingo
supplies, or any other
type of service or equipment;
(10) Purchase or lease bingo supplies from any
person
except
a
distributor issued a license under section
2915.081 of
the Revised
Code;
(11)(a) Use or permit the use of electronic bingo aids
except under the following circumstances:
(i) For any single participant, not more than ninety bingo faces can be
played using an electronic bingo aid or aids.
(ii) The charitable organization shall provide a
participant using an
electronic bingo aid with corresponding paper
bingo cards
or sheets.
(iii) The total price of bingo faces played with an
electronic
bingo aid shall be equal to the total price of the
same number of bingo faces played with a
paper bingo card or sheet
sold at the same bingo session but without an electronic bingo
aid.
(iv) An electronic bingo aid cannot be part of an electronic
network other than a network that includes only bingo aids and
devices that are located on the premises at which the bingo is
being conducted or be interactive with any device not located on
the premises at which the bingo is being conducted.
(v) An electronic bingo aid cannot be used to participate
in bingo that is conducted at a location other than the location
at which the bingo session is conducted and at which the
electronic bingo aid is used.
(vi) An electronic bingo aid cannot be used to provide
for the input of numbers and letters announced by a bingo caller
other than the bingo caller who physically calls the numbers and
letters at the location at which the bingo session is conducted
and at which the electronic bingo aid is used.
(b) The attorney general may adopt rules in accordance with
Chapter 119. of the Revised Code that govern the use of electronic
bingo aids. The rules may include a requirement that an
electronic bingo aid be capable of being audited by the attorney
general to verify the
number of bingo cards or sheets played
during each bingo
session.
(12)
Permit any person the charitable organization knows, or
should have
known, to be under eighteen years of age to play
bingo
described in division (S)(1) of section 2915.01 of the Revised
Code.
(D)(1)
Except as otherwise provided in this division (D)(3) of this section,
no
charitable organization shall provide to a bingo game operator,
and no
bingo game operator shall
receive or accept, any
commission, wage, salary, reward, tip, donation, gratuity, or
other form of compensation, directly or indirectly, regardless of
the source, for
conducting bingo
or
providing
other work or
labor at the site of
bingo during a bingo session. This
(2) Except as otherwise provided in division (D)(3) of this section, no charitable organization shall provide to a bingo game operator any commission, wage, salary, reward, tip, donation, gratuity, or other form of compensation, directly or indirectly, regardless of the source, for conducting instant bingo other than at a bingo session at the site of instant bingo other than at a bingo session.
(3) Nothing in division
does not
prohibit (D) of this section prohibits an employee of a fraternal organization or
veteran's organization
from
selling instant bingo tickets or cards
to the
organization's members or invited guests, as long as no
portion of the
employee's
compensation is paid from any receipts of bingo.
(E) Notwithstanding division
(B)(1)
of this
section, a charitable organization that, prior to December 6,
1977,
has entered into written agreements for the lease of
premises it owns
to another charitable organization or other
charitable
organizations for the conducting of bingo sessions so
that more
than two bingo sessions are conducted per calendar week
on the
premises, and a person that is not a charitable
organization and
that, prior to December 6, 1977, has entered into
written
agreements for the lease of premises it owns to charitable
organizations for the conducting of more than two bingo sessions
per calendar week on the premises, may continue to lease the
premises to those charitable organizations, provided that no more
than four sessions are conducted per calendar week, that the
lessor organization or person has notified the attorney general
in
writing of the organizations that will conduct the sessions
and
the days of the week and the times of the day on which the
sessions will be conducted, that the initial lease entered into
with each organization that will conduct the sessions was filed
with the attorney general prior to December 6, 1977, and that
each
organization that will conduct the sessions was issued a
license
to conduct bingo games by the attorney general prior to
December
6, 1977.
(F) Whoever violates division (A)(2) of this section is
guilty of illegally conducting a bingo game, a felony of the
fourth degree.
Except as otherwise provided in this
division, whoever violates division (A)(1)
or (3),
(B)(1), (2),
or
(3),
(C)(1) to (12), or (D) of this section is
guilty of a
minor
misdemeanor. If the offender previously has
been convicted
of a
violation of division (A)(1)
or (3),
(B)(1),
(2),
or
(3),
(C)(1) to (11), or, (D) of this
section, a violation of
division
(A)(1)
or (3),
(B)(1),
(2),
or
(3),
(C),
or
(D)
of
this section is a
misdemeanor of the first degree.
Whoever violates division (C)(12)
of this section is guilty of a misdemeanor of the first degree, if
the offender previously has been convicted of a violation of
division (C)(12) of this section, a felony of the fourth degree.
Sec. 2915.091. (A) No charitable organization that conducts
instant bingo shall do any of the following:
(1) Fail to comply with the requirements of divisions (A)(1),
(2), and (3) of section 2915.09 of the Revised Code;
(2) Conduct instant bingo unless either of the following apply:
(a) That organization is, and
has received from the internal revenue service a determination
letter that is currently in effect stating that the organization
is, exempt from federal income taxation under subsection
501(a),
is described in subsection 501(c)(3) of the Internal Revenue
Code, is a charitable organization as defined in section 2915.01 of the Revised Code, is in good standing in the state pursuant to section 2915.08
of the Revised Code, and is in compliance with Chapter 1716. of
the Revised Code;
(b) That organization is, and has received from the internal
revenue service a determination letter that is currently in effect
stating that the organization is, exempt from federal income
taxation under subsection 501(a), is described in subsection
501(c)(8), 501(c)(10), or 501(c)(19) or is a veteran's organization described in subsection 501(c)(4) of the Internal Revenue Code,
and conducts instant bingo under section 2915.13 of the Revised
Code.
(3) Conduct instant bingo on any day, at any time, or at any
premises not specified on the organization's license issued
pursuant to section 2915.08 of the Revised Code;
(4) Permit any person whom the organization knows or should
have known has been convicted of a felony or gambling offense in
any jurisdiction to be a bingo game operator in the conduct of
instant bingo;
(5) Purchase or lease supplies used to conduct instant bingo
or punch board games from any person except a distributor licensed
under section 2915.081 of the Revised Code;
(6) Sell or provide any instant bingo ticket or card for a
price different from the price printed on it by the manufacturer on either the instant bingo ticket or card or on the game flare;
(7)
Sell an instant bingo ticket or card to a person under
eighteen years of age;
(8) Fail to keep unsold instant bingo tickets or cards for
less than three years;
(9) Pay any compensation to a bingo game operator for
conducting instant bingo that is conducted by the organization or
for preparing, selling, or serving food or beverages at the site
of the instant bingo game, permit any auxiliary unit or society of
the organization to pay compensation to any bingo game operator
who prepares, sells, or serves food or beverages at an instant
bingo game conducted by the organization, or permit any auxiliary
unit or society of the organization to prepare, sell, or serve
food or beverages at an instant bingo game conducted by the
organization, if the auxiliary unit or society pays any
compensation to the bingo game operators who prepare, sell, or
serve the food or beverages;
(10) Pay fees to any person for any services performed in
relation to an instant bingo game;
(11) Pay fees to any person who provides refreshments to the
participants in an instant bingo game;
(12) Allow instant bingo tickets or cards to be sold to
bingo game operators who are performing work or labor at a
premises at which the organization sells instant bingo tickets or
cards or to be sold to employees of a D permit holder who are
working at a premises at which instant bingo tickets or cards are
sold on behalf of the organization as described in division
(B)
of section 4301.03 of the Revised Code;
(13) Fail to display its bingo license, and the serial
numbers of the deal of instant bingo tickets or cards to be sold,
conspicuously at each premises at which it sells instant bingo
tickets or cards;
(14) Possess a deal of instant bingo tickets or cards that
was not purchased
from a distributor licensed under section
2915.081 of the Revised
Code as reflected on an
invoice issued by
the distributor that contains all of the
information required by
division (E) of section 2915.10 of the
Revised Code;
(15) Fail, once it opens a deal of instant bingo tickets or
cards, to continue to sell the tickets or cards in that deal until
the tickets or cards with the top two highest tiers of prizes in
that deal are
sold;
(16) Purchase, lease, or use instant bingo ticket dispensers
to sell instant bingo tickets or cards;
(17) Possess bingo supplies that were not obtained in accordance with sections 2915.01 to 2915.13 of the Revised Code.
(B) A charitable organization may conduct instant bingo other
than at a bingo session at not more than five separate locations.
A charitable organization that is exempt from federal taxation
under subsection 501(a) and described in subsection 501(c)(3) of
the Internal Revenue Code and that is created by a veteran's
organization or a fraternal organization is not limited in the
number of separate locations the charitable organization may
conduct instant bingo other than at a bingo session.
(C) The attorney general may adopt rules in
accordance with
Chapter 119. of the Revised Code that govern the conduct of
instant
bingo by charitable organizations. Before those rules
are adopted,
the attorney general shall reference the recommended
standards
for
opacity,
randomization, minimum information, winner
protection, color, and
cutting for instant bingo tickets or cards,
seal cards, and punch
boards
established by the North American
gaming regulators
association.
(D)
Whoever violates division (A) of
this
section or a rule
adopted under division (B) of this section
is
guilty of illegal
instant bingo conduct. Except as otherwise
provided in
this
division, illegal instant bingo conduct is a
misdemeanor of the
first
degree. If the offender previously has
been convicted of a
violation of
division (A) of
this section or of such a rule,
illegal instant bingo
conduct is a
felony of the fifth degree.
Sec. 2915.092. (A)
A charitable organization may conduct a raffle to raise money for the charitable organization and does not need
a
license to conduct bingo in order to conduct a raffle drawing.
(B)(1)
No charitable organization shall conduct a raffle
unless
the either of the following applies:
(a) The organization is, and has received from the internal
revenue
service a determination letter that is currently in effect
stating
that the organization is, exempt from federal income
taxation
under subsection 501(a) and is described in subsection
501(c)(3) or 501(c)(4) of the Internal
Revenue Code.
(b) The organization is a veteran's organization or a fraternal organization that is exempt from federal income taxation under subsection 501(a) and is described in subsection 501(c)(8), 501(c)(10), or 501(c)(19) of the Internal Revenue Code.
(2)
No Except as otherwise provided in divisions (E) and (F) of this section, no charitable organization shall conduct more than
thirty-six raffles during a calendar year.
(3) No person shall be compensated directly or indirectly for
assisting in the conduct or operation of a raffle.
(C) No raffle drawing shall be conducted on premises other
than
premises that a charitable organization uses for its
charitable programs.
(D)
No person shall fail
to use, or
give, donate, or
otherwise
transfer, the net profit
from a raffle
for a charitable
purpose described in
division
(Z) of section
2915.01 of the
Revised
Code.
(E) A statewide charitable organization that is exempt from federal income taxation under subsection 501(a) and is described in subsection 501(c)(3) of the Internal Revenue Code and that has local or regional offices may conduct no more than thirty-six raffles in each county during a calendar year.
(F) A charitable organization that is licensed to conduct bingo, instant bingo at a bingo session, or instant bingo other than at a bingo session may conduct a raffle that is not for profit, provided that the organization does not receive any proceeds from the raffle and provided that the organization conducts the raffle at the same location and on the same days of the week and times as is provided in the organization's license to conduct bingo, instant bingo at a bingo session, or instant bingo other than at a bingo session.
(G) Whoever violates division (B), (C), or (D), (E), or (F) of this
section is
guilty
of illegal conduct of a raffle. Except as
otherwise
provided in
this
division, illegal conduct of a raffle
is a
misdemeanor of the
first degree.
If the offender previously
has
been convicted of a
violation of division
(B), (C), or (D), (E), or (F) of
this
section, illegal conduct of a
raffle is a felony of the
fifth
degree.
Sec. 2915.093. (A) As used in this section, "retail income
from all commercial activity" includes the sale of instant bingo
tickets.
(B) A charitable instant bingo organization may conduct
instant bingo other than at a bingo session at not more than five
separate locations.
(C)(1) If a charitable instant bingo organization conducts
instant bingo other than at a bingo session, the charitable
instant bingo organization shall enter into a written contract
with the owner or lessor of the location at which the instant
bingo is conducted to allow the owner or lessor to assist in the
conduct of instant bingo other than at a bingo session, identify
each location where the instant bingo other than at a bingo
session is being conducted, and identify the owner or lessor of
each location.
(2) A charitable instant bingo organization that conducts instant bingo other than at a bingo session is not required to enter into a written contract with the owner or lessor of the location at which the instant bingo is conducted provided that the owner or lessor is not assisting in the conduct of the instant bingo other than at a bingo session and provided that the conduct of the instant bingo other than at a bingo session at that location is not more than five days per calendar year and not more than ten hours per day.
(D) No Except as provided in division (G) of this section, no charitable instant bingo organization shall conduct
instant bingo other than at a bingo session at a location where
the primary source of retail income from all commercial activity
at that location is the sale of instant bingo tickets.
(E) The owner or lessor of a location that enters into a
contract pursuant to division (C) of this section shall pay up
front for the cost of the deal of instant bingo tickets and the
gross profits that would be earned by the owner or lessor if all
of the instant bingo tickets are sold. The owner or lessor may
retain the money that the owner or lessor receives for selling the
instant bingo tickets up to the amount that it paid to the
charitable instant bingo organization. If the owner or lessor of
the location earns any more money than the owner or lessor paid
out in prizes or paid up front, the owner or lessor of the
location shall pay that money to the charitable instant bingo
organization.
(F) A charitable instant bingo organization shall provide
the attorney general with all of the following information:
(1) That the charitable instant bingo organization has
terminated a contract entered into pursuant to division (C) of
this section with an owner or lessor of a location;
(2) That the charitable instant bingo organization has
entered into a written contract pursuant to division (C) of this
section with a new owner or lessor of a location;
(3) That the charitable instant bingo organization is aware
of conduct by the owner or lessor of a location at which instant
bingo is conducted that is in violation of Chapter 2915. of the
Revised Code.
(G) Division (D) of this section does not apply to a volunteer firefighter's organization that is exempt from federal income taxation under subsection 501(a) and described in subsection 501(c)(3) of the Internal Revenue Code, that conducts instant bingo other than at a bingo session on the premises where the organization conducts firefighter training, that has conducted instant bingo continuously for at least five years prior to the effective date of this amendment, and that, during each of those five years, had gross receipts of at least one million five hundred thousand dollars.
Sec. 2915.10. (A)
No charitable organization that
conducts
bingo
or
a game of
chance
pursuant
to
division
(D) of section 2915.02 of the Revised Code shall
fail
to
maintain
the
following records for at least three years from
the
date on
which
the bingo
or game of chance is
conducted:
(1) An itemized list of the gross receipts of each
bingo
session,
each game of instant bingo by serial number,
each raffle, each
punch board game, and each
game of chance, and an itemized list of the gross profits of each game of instant bingo by serial number;
(2) An itemized list of all expenses, other than prizes,
that are incurred in conducting
bingo
or instant
bingo as described in division (S)(1) of section 2915.01 of the Revised Code, the name of
each person to whom the expenses are
paid, and
a receipt for all
of the expenses;
(3) A list of all prizes awarded during
each bingo
session,
each raffle, each punch board game, and each
game of chance conducted by the
charitable
organization,
the total
prizes awarded from each game
of instant
bingo by serial number,
and the name,
address,
and
social security number of all
persons who are
winners of prizes of
six hundred dollars or
more in value;
(4) An itemized list of the
recipients of the
net profit of the bingo
or
game of
chance,
including the name and address of each recipient to whom
the
money is distributed, and if the organization uses the
net
profit of
bingo, or the money or assets
received
from a
game of chance, for any
charitable or
other
purpose set
forth in division (Z) of
section 2915.01,
division
(D) of section 2915.02, or section 2915.101 of the
Revised
Code, a list of each purpose
and an itemized list of each
expenditure for each purpose;
(5) The number of persons who participate in any bingo
session
or game of chance that is conducted by the
charitable organization;
(6) A list of receipts from the sale of food and beverages
by the charitable organization or one of its auxiliary units or
societies, if the receipts were excluded from
gross receipts under division (X) of section 2915.01 of the
Revised Code;
(7) An itemized list of all expenses incurred at each
bingo
session,
each raffle, each punch board game, or
each game of
instant bingo conducted by the
charitable
organization in the
sale
of food and beverages by the
charitable
organization or by
an
auxiliary unit or society of the
charitable
organization, the
name
of each person to whom the
expenses are
paid, and a receipt
for
all of the expenses.
(B)
A charitable organization
shall keep the records that it is required to maintain pursuant to
division (A) of this section at its principal place of business in
this state or at its headquarters in this state and shall notify
the attorney general of the location at which those records are
kept.
(C) The gross profit from each bingo session or game
described in division
(S)(1) or (2) of section 2915.01 of the
Revised
Code shall be deposited into a checking account devoted
exclusively
to the bingo session or game. Payments for allowable
expenses incurred in
conducting the bingo session or game and
payments to recipients of
some or all of the net profit
of the
bingo session or game shall be made only
by checks drawn on
the
bingo session or game account.
(D)
Each charitable organization shall conduct and record an
inventory of all of its bingo supplies as of the first day of
November of each year.
(E)
The attorney general may adopt rules in accordance with
Chapter 119. of the Revised Code that establish
standards of
accounting, record keeping, and reporting to ensure that
gross
receipts from bingo or games of chance are properly
accounted for.
(F)
A distributor shall maintain, for a period
of three
years
after the date of its sale or other provision, a record of
each
instance of its selling or otherwise providing to another
person
bingo
supplies for use in this state. The record shall
include
all of
the
following for each instance:
(1)
The name of the manufacturer from which the
distributor
purchased the bingo supplies and the
date of the purchase;
(2)
The name and address of the charitable organization or
other
distributor to which the bingo supplies were sold or
otherwise
provided;
(3)
A description that clearly identifies the bingo
supplies;
(4) Invoices that include the nonrepeating serial numbers of all paper bingo cards and sheets and all instant
bingo
deals
sold or
otherwise provided to each
charitable
organization.
(G)
A manufacturer shall maintain, for a period
of three
years after the date of its sale or other provision, a record of
each instance of its selling or otherwise providing bingo supplies
for use in this state. The record shall include all of the
following for each instance:
(1)
The name and address of the distributor to whom the
bingo
supplies were sold or otherwise provided;
(2)
A description that clearly identifies the bingo
supplies,
including serial numbers;
(3)
Invoices that include the nonrepeating serial numbers of all paper bingo cards and sheets and all instant
bingo deals
sold or
otherwise provided to each
distributor.
(H) The attorney general or any
law enforcement
agency
may
do all of the following:
(1) Investigate any charitable organization or any
officer,
agent, trustee, member, or employee of the organization;
(2) Examine the accounts and records of the organization;
(3) Conduct inspections, audits, and observations of bingo
or games of chance;
(4) Conduct inspections of the premises where bingo
or games of chance are
conducted;
(5) Take any other necessary and reasonable action to
determine if a violation of any provision of sections 2915.01 to
2915.13 of the Revised Code has
occurred
and to
determine whether section 2915.11 of the Revised
Code has
been complied with.
If any
law enforcement agency has reasonable grounds
to
believe that a charitable organization or an officer, agent,
trustee, member, or employee of the organization has violated any
provision of this chapter, the
law enforcement agency may
proceed by action in the proper
court to enforce this chapter,
provided that the
law enforcement agency shall give written
notice to the attorney general when commencing an action as
described in this division.
(I) No person shall destroy, alter, conceal, withhold, or
deny access to any accounts or records of a charitable
organization that have been requested for examination, or
obstruct, impede, or interfere with any inspection, audit, or
observation of
bingo
or
a game of
chance or
premises where
bingo
or
a game of chance is
conducted, or refuse to comply with any reasonable
request of, or
obstruct, impede, or interfere with any other
reasonable action
undertaken by, the attorney general or a
law enforcement
agency pursuant to division
(H) of this
section.
(J) Whoever violates division (A) or
(I) of this
section
is guilty of a misdemeanor of the first degree.
Sec. 2915.101. Except as otherwise provided by law, a
charitable organization that conducts instant bingo other than at a bingo session shall
distribute the net profit from the proceeds of the sale of instant
bingo as follows:
(A)(1) If a veteran's organization or a fraternal
organization
conducted the instant bingo, the organization shall
distribute
the net profit from the proceeds of the sale of instant bingo, as follows:
(a) A minimum of fifty per cent shall be distributed to an
organization
described in division (Z)(1) of section 2915.01 of
the Revised
Code or to a department or agency of the federal
government, the
state, or any political subdivision;
(b) Fifteen per cent may be distributed for the
organization's own charitable purposes.
(c) Thirty-five per cent may be deducted and retained by the
organization for the organization's expenses in conducting the
instant bingo game.
(2) If a veteran's organization or a fraternal organization
does not distribute the full percentages specified in divisions
(A)(1)(b) and (c) of this section for the purposes specified in
those divisions, the organization shall distribute the balance of
the net profit from the proceeds of the sale of instant bingo not distributed or retained for those purposes to
an organization described in division (Z)(1) of section 2915.01 of
the Revised Code.
(3) A veteran's organization or a fraternal organization is
not required to itemize the organization's expenses. A veteran's organization or a fraternal organization shall pay the expenses that are directly for the conduct of instant bingo by check from the checking account devoted exclusively to the bingo session or game and may deduct and retain the remainder of the thirty-five per cent of the net profit from the proceeds of the sale of instant bingo that is for the organization's expenses in conducting the instant bingo game and may transfer that remainder into the organization's general account.
(B)(1) If a charitable organization other than a veteran's
organization or a fraternal organization conducted the instant
bingo, the organization shall distribute one hundred per cent of the net profit as
follows:
(a) A minimum of seventy per cent shall be distributed from the proceeds of the sale of instant bingo to an
organization
described in division (Z)(1) of section 2915.01 of
the Revised
Code or to a department or agency of the federal
government, the
state, or any political subdivision.
(b) Thirty per cent may be deducted and retained by the
organization for the organization's expenses in conducting the
instant bingo game.
(2) If a charitable organization does not retain the full
percentage specified in division (B)(1)(b) of this section for the
purposes specified in that division, the organization shall
distribute the balance of the net profit not retained for that
purpose to an organization described in division (Z)(1) of section
2915.01 of the Revised Code.
(3) A charitable organization other than a veteran's
organization or fraternal organization is not required to itemize
the charitable organization's expenses.
Sec. 2915.13. (A) A veteran's organization or a fraternal
organization authorized to conduct a bingo session pursuant to
sections 2915.01 to 2915.12 of the Revised Code may conduct
instant bingo other than at a bingo session if all of
the
following apply:
(1) The veteran's organization or fraternal organization
limits the sale of instant bingo to ten consecutive hours per
day
for up to six days per week.
(2) The veteran's organization or fraternal organization
limits the sale of instant bingo to its own premises and to its
own members and invited guests.
(3) The veteran's organization or fraternal organization is
raising money for a charitable an organization that is described in subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code and is either a governmental unit or a state organization that is exempt from federal income taxation under subsection 501(a) and described in subsection 501(c)(3) of the Internal Revenue Code that is in good standing in this state and executes a written
contract with the charitable that organization as required in division
(B) of this section.
(B) If a veteran's organization or fraternal organization
authorized to conduct instant bingo pursuant to division (A) of
this section is raising money for another charitable organization that is described in subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code and is either a governmental unit or a state organization that is exempt from federal income taxation under subsection 501(a) and described in subsection 501(c)(3) of the Internal Revenue Code that is in good standing in this state,
the veteran's organization or fraternal organization shall execute
a written contract with a charitable the organization that is described in subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code and is either a governmental unit or a state organization that is exempt from federal income taxation under subsection 501(a) and described in subsection 501(c)(3) of the Internal Revenue Code that is in good standing in this state in order to
conduct instant bingo. That contract shall include a statement of
the percentage of the net proceeds that the veteran's or fraternal
organization will be distributing to the charitable organization that is described in subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code and is either a governmental unit or a state organization that is exempt from federal income taxation under subsection 501(a) and described in subsection 501(c)(3) of the Internal Revenue Code that is in good standing in this state.
(C)(1) If a veteran's organization or fraternal organization
authorized to conduct instant bingo pursuant to division (A) of
this section has been issued a liquor permit under Chapter 4303.
of the Revised Code, that permit may be subject to suspension,
revocation, or cancellation if the veteran's organization or
fraternal organization violates a provision of sections 2915.01 to
2915.13 of the Revised Code.
(2) No veteran's organization or fraternal organization that
enters into a written contract pursuant to division (B) of this
section shall violate any provision of Chapter 2915. of the
Revised Code, or permit, aid, or abet any other person in
violating any provision of Chapter 2915. of the Revised Code.
(D) A veteran's organization or fraternal organization shall
give all required proceeds earned from the conduct of instant
bingo to the charitable organization with which the veteran's
organization or fraternal organization has entered into a written
contract.
(E) Whoever violates this section is guilty of illegal
instant bingo conduct. Except as otherwise provided in this
division, illegal instant bingo conduct is a misdemeanor of the
first degree. If the offender previously has been convicted of a
violation of this section, illegal instant bingo conduct is a
felony of the fifth degree.
Sec. 2917.41. (A) No person shall evade the payment of
the known fares of a public transportation system.
(B) No person shall alter any transfer, pass, ticket, or
token of a public transportation system with the purpose of
evading the payment of fares or of defrauding the system.
(C) No person shall do any of the following while in any
facility or on any vehicle of a public transportation system:
(1) Play sound equipment without the proper use of a
private earphone;
(2) Smoke, eat, or drink in any area where the activity is
clearly marked as being prohibited;
(3) Expectorate upon a person, facility, or vehicle.
(D) No person shall write, deface, draw, or otherwise mark
on any facility or vehicle of a public transportation system.
(E) No person shall fail to comply with a lawful order of a public
transportation system police officer, and no person shall resist, obstruct, or
abuse a public transportation police officer in the performance of the
officer's duties.
(F) Whoever violates this section is guilty of misconduct
involving a public transportation system.
(1) Violation of division (A), (B), or (E) of this section is a
misdemeanor of the fourth degree.
(2) Violation of division (B) of this section is a
misdemeanor of the fourth degree.
(3) Violation of division (C) or (E) of this section is a
minor misdemeanor on a first offense. If a person previously has been convicted of or pleaded guilty to a violation of any division of this section or of a municipal ordinance that is substantially similar to any division of this section, violation of division (C) of this section is a misdemeanor of the fourth degree.
(4)(3) Violation of division (D) of this section is a
misdemeanor of the third degree.
(G) Notwithstanding any other provision of law,
seventy-five per cent of each fine paid to satisfy a sentence
imposed for a violation of this section shall be deposited into
the treasury of the county in which the violation occurred and
twenty-five per cent shall be deposited with the county transit
board, regional transit authority, or regional transit commission
that operates the public transportation system involved in the
violation, unless the board of county commissioners operates the
public transportation system, in which case one hundred per cent of each fine
shall be deposited into the treasury of the county.
(H) As used in this section, "public transportation
system" means a county transit system operated in accordance with
sections 306.01 to 306.13 of the Revised Code, a regional transit
authority operated in accordance with sections 306.30 to 306.71
of the Revised Code, or a regional transit commission operated in
accordance with sections 306.80 to 306.90 of the Revised Code.
Sec. 2921.13. (A) No person shall knowingly make a false
statement, or knowingly swear or affirm the truth of a false
statement previously made, when any of the following applies:
(1) The statement is made in any official proceeding.
(2) The statement is made with purpose to incriminate
another.
(3) The statement is made with purpose to mislead a public
official in performing the public official's official function.
(4) The statement is made with purpose to secure the payment
of unemployment
compensation; Ohio works
first; prevention,
retention, and contingency benefits and services;
disability financial assistance;
retirement benefits;
economic development assistance, as defined
in section 9.66 of the Revised
Code; or other benefits
administered by a governmental agency
or paid
out
of a public
treasury.
(5) The statement is made with purpose to secure the
issuance by a governmental agency of a license, permit,
authorization, certificate, registration, release, or provider
agreement.
(6) The statement is sworn or affirmed before a notary
public or another person empowered to administer oaths.
(7) The statement is in writing on or in connection with a
report or return that is required or authorized by law.
(8) The statement is in writing and is made with purpose
to
induce another to extend credit to or employ the offender, to
confer any
degree, diploma, certificate of attainment, award
of
excellence, or honor on the offender, or to extend to or
bestow
upon the offender any other valuable benefit or
distinction, when
the person to whom the statement is directed
relies upon it to
that person's detriment.
(9) The statement is made with purpose to commit or
facilitate the commission of a theft offense.
(10) The statement is knowingly made to a probate court in
connection with any action, proceeding, or other matter within
its
jurisdiction, either orally or in a written document,
including,
but not limited to, an application, petition,
complaint, or other
pleading, or an inventory, account, or
report.
(11) The statement is made on an account, form, record,
stamp, label, or
other writing that is required by law.
(12) The statement is made in connection with the
purchase
of a firearm, as defined in
section 2923.11 of the Revised Code,
and in conjunction
with the furnishing to the seller of the
firearm of a fictitious or altered
driver's or commercial driver's
license or permit, a fictitious or altered
identification card, or
any other document that contains false information
about the
purchaser's identity.
(13) The statement is made in a document or instrument of
writing
that purports to be a judgment, lien, or claim of
indebtedness and is filed or
recorded with the secretary of state,
a county recorder, or the clerk of a
court of record.
(B) No person, in connection with the purchase of a firearm,
as
defined in section 2923.11 of the
Revised Code, shall knowingly
furnish to the seller of the
firearm a fictitious or altered
driver's or commercial driver's license or
permit, a fictitious or
altered identification card, or any other document
that contains
false information about the purchaser's identity.
(C) It is no defense to a charge under division (A)(4) of
this section that the oath or affirmation was administered or
taken in an irregular manner.
(D) If contradictory statements relating to the same
fact
are made by the offender within the period of the statute of
limitations for falsification, it is not necessary for the
prosecution to prove which statement was false but only that one
or the other was false.
(E)(1) Whoever violates division (A)(1), (2), (3), (4),
(5),
(6), (7), (8), (10), (11), or (13)
of this section is guilty of
falsification, a misdemeanor of the first degree.
(2) Whoever violates division (A)(9) of this section is
guilty of falsification in a theft offense. Except as otherwise
provided in
this division, falsification in a theft
offense is a
misdemeanor of the first degree. If the value of the property or
services stolen is five hundred dollars or more and is less than
five thousand
dollars, falsification in a theft offense is a
felony of the fifth degree. If
the value of the property or
services stolen is five thousand dollars or more
and is less than
one hundred thousand dollars, falsification in a theft
offense is
a felony of the fourth degree. If the value of the property or
services stolen is one hundred thousand dollars or more,
falsification in a
theft offense is a felony of the third degree.
(3) Whoever violates division (A)(12)
or (B) of this
section is guilty of falsification to purchase a firearm, a
felony
of the fifth degree.
(F) A person who violates this section is liable in a civil
action to any person harmed by the violation for injury, death, or
loss to
person
or property incurred as a result of the commission
of the offense and for
reasonable attorney's fees, court costs,
and other expenses incurred as a
result of prosecuting the civil
action commenced under this division. A civil
action under this
division is not the exclusive remedy of a person who incurs
injury, death, or loss to person or property as a result of a
violation of
this section.
Sec. 2923.35. (A)(1) With respect to property ordered
forfeited under section 2923.32 of the Revised Code, with respect
to any fine or civil penalty imposed in any criminal or civil
proceeding under section 2923.32 or 2923.34 of the Revised Code,
and with respect to any fine imposed for a violation of section
2923.01 of the Revised Code for conspiracy to violate section
2923.32 of the Revised Code, the court, upon petition of the
prosecuting attorney, may do any of the following:
(a) Authorize the prosecuting attorney to settle claims;
(b) Award compensation to persons who provide information
that results in a forfeiture, fine, or civil penalty under
section 2923.32 or 2923.34 of the Revised Code;
(c) Grant petitions for mitigation or remission of
forfeiture, fines, or civil penalties, or restore forfeited
property, imposed fines, or imposed civil penalties to persons
injured by the violation;
(d) Take any other action to protect the rights of
innocent persons that is in the interest of justice and that is
consistent with the purposes of sections 2923.31 to 2923.36 of
the Revised Code.
(2) The court shall maintain an accurate record of the
actions it takes under division (A)(1) of this section with
respect to the property ordered forfeited or the fine or civil
penalty. The record is a public record open for inspection under
section 149.43 of the Revised Code.
(B)(1) After the application of division (A) of this
section, any person who prevails in a civil action pursuant to
section 2923.34 of the Revised Code has a right to any property,
or the proceeds of any property, criminally forfeited to the
state pursuant to section 2923.32 of the Revised Code or against
which any fine under that section or civil penalty under division
(I) of section 2923.34 of the Revised Code may be imposed.
The right of any person who prevails in a civil action
pursuant to section 2923.34 of the Revised Code, other than a
prosecuting attorney performing official duties under that
section, to forfeited property, property against which fines and
civil penalties may be imposed, and the proceeds of that property
is superior to any right of the state, a municipal corporation,
or a county to the property or the proceeds of the property, if
the civil action is brought within one hundred eighty days after
the entry of a sentence of forfeiture or a fine pursuant to
section 2923.32 of the Revised Code or the entry of a civil
penalty pursuant to division (I) of section 2923.34 of the
Revised Code.
The right is limited to the total value of the treble
damages, civil penalties, attorney's fees, and costs awarded to
the prevailing party in an action pursuant to section 2923.34 of
the Revised Code, less any restitution received by the person.
(2) If the aggregate amount of claims of persons who have
prevailed in a civil action pursuant to section 2923.34 of the
Revised Code against any one defendant is greater than the total
value of the treble fines, civil penalties, and forfeited
property paid by the person against whom the actions were
brought, all of the persons who brought their actions within one
hundred eighty days after the entry of a sentence or disposition
of forfeiture or a fine pursuant to section 2923.32 of the
Revised Code or the entry of a civil penalty pursuant to division
(I) of section 2923.34 of the Revised Code, first shall receive a
pro rata share of the total amount of the fines, civil penalties,
and forfeited property. After the persons who brought their
actions within the specified one-hundred-eighty-day period have
satisfied their claims out of the fines, civil penalties, and
forfeited property, all other persons who prevailed in civil
actions pursuant to section 2923.34 of the Revised Code shall
receive a pro rata share of the total amount of the fines, civil
penalties, and forfeited property that remains in the custody of
the law enforcement agency or in the corrupt activity
investigation and prosecution fund.
(C)(1) Subject to divisions (A) and (B) of this section
and notwithstanding any contrary provision of section 2933.41 of
the Revised Code, the prosecuting attorney shall order the
disposal of property ordered forfeited in any proceeding under
sections 2923.32 and 2923.34 of the Revised Code as soon as
feasible, making due provisions for the rights of innocent
persons, by any of the following methods:
(a) Transfer to any person who prevails in a civil action
pursuant to section 2923.34 of the Revised Code, subject to the
limit set forth in division (B)(1) of this section;
(c) Transfer to a state governmental agency for official
use;
(d) Sale or transfer to an innocent person;
(e) If the property is contraband and is not needed for
evidence in any pending criminal or civil proceeding, pursuant to
section 2933.41 or any other applicable section of the Revised
Code.
(2) Any interest in personal or real property not disposed
of pursuant to this division and not exercisable by, or
transferable for value to, the state shall expire and shall not
revert to the person found guilty of or adjudicated a delinquent
child for a violation of section 2923.32 of the Revised Code. No
person found guilty of or adjudicated a delinquent child for a
violation of that section and no person acting in concert with a
person found guilty of or adjudicated a delinquent child for
a violation of that section is eligible to purchase forfeited property from
the
state.
(3) Upon application of a person, other than the
defendant, the adjudicated delinquent child, or a person acting
in concert with or on behalf of either the defendant or the
adjudicated delinquent child, the court may restrain or stay the
disposal of the property pursuant to this division pending the
conclusion of any appeal of the criminal case or delinquency case
giving rise to the forfeiture or pending the determination of the
validity of a claim to or interest in the property pursuant to
division (E) of section 2923.32 of the Revised Code, if the
applicant demonstrates that proceeding with the disposal of the
property will result in irreparable injury, harm, or loss to the
applicant.
(4) The prosecuting attorney shall maintain an accurate
record of each item of property disposed of pursuant to this
division, which record shall include the date on which each item
came into the prosecuting attorney's custody, the manner and date
of disposition, and,
if applicable, the name of the person who received the item. The
record shall not identify or enable the identification of the
individual officer who seized the property, and the record is a
public record open for inspection under section 149.43 of the
Revised Code.
Each prosecuting attorney who disposes in any calendar year
of any item of property pursuant to this division shall prepare a
report covering the calendar year that cumulates all of the
information contained in all of the records kept by the
prosecuting attorney pursuant to this division for that calendar
year and shall send the cumulative report, no later than the
first day of March in the calendar year following the calendar
year covered by the report, to the attorney general. Each report
received by the attorney general is a public record open for
inspection under section 149.43 of the Revised Code.
Not later than the fifteenth day of April in the calendar year
following the calendar year covered by the reports,
the attorney general shall send to the president of the senate and the
speaker of the house of representatives a written notification that does
all of the following:
(a) Indicates that the attorney general has received from
prosecuting attorneys
reports of the type described in this division that cover the previous
calendar year and indicates that the reports were received under this
division;
(b) Indicates that the reports
are open for inspection under section 149.43 of the
Revised Code;
(c) Indicates that the attorney general
will provide a copy of any or all of the reports to the
president of the senate or the speaker of the house of
representatives upon request.
(D)(1)(a) Ten per cent of the proceeds of all property ordered
forfeited by a juvenile court pursuant to section 2923.32 of the Revised Code
shall be applied to one or
more alcohol and drug addiction treatment programs that are certified by the
department of alcohol and drug addiction services under section 3793.06 of
the Revised Code and that are specified in the order of forfeiture. A
juvenile court shall not
specify an alcohol or drug addiction treatment program in the order of
forfeiture unless the program is a certified alcohol and drug addiction
treatment program and, except as provided in division
(D)(1)(a) of this section, unless the program
is located in the county in which the court that orders the forfeiture is
located or in a contiguous county. If no certified alcohol and drug addiction
treatment program is located in any of those counties, the juvenile court may
specify in the order a certified alcohol and drug addiction treatment program
located anywhere within this state. The remaining ninety per cent of the
proceeds shall be disposed of as provided in divisions
(D)(1)(b) and (D)(2) of this section.
All of the proceeds of all property ordered forfeited by a court other than
a juvenile court pursuant to section 2923.32 of the Revised Code shall be
disposed of as provided in divisions (D)(1)(b) and (D)(2) of this section.
(b) The remaining proceeds of all property ordered forfeited
pursuant to section 2923.32 of the Revised Code, after compliance
with division (D)(1)(a) of this section when that
division is applicable,
and all fines and
civil penalties imposed pursuant to sections 2923.32 and 2923.34
of the Revised Code shall be deposited into the state treasury
and credited to the corrupt activity investigation and
prosecution fund, which is hereby created.
(2) The proceeds, fines, and penalties credited to the
corrupt activity investigation and prosecution fund pursuant to
division (D)(1) of this section shall be disposed of in the
following order:
(a) To a civil plaintiff in an action brought within the
one-hundred-eighty-day time period specified in division (B)(1)
of this section, subject to the limit set forth in that division;
(b) To the payment of the fees and costs of the forfeiture
and sale, including expenses of seizure, maintenance, and custody
of the property pending its disposition, advertising, and court
costs;
(c) Except as otherwise provided in division (D)(2)(c) of
this section, the remainder shall be paid to the law enforcement
trust fund of the prosecuting attorney that is established
pursuant to division (D)(1)(c) of section 2933.43 of the Revised
Code and to the law enforcement trust fund of the county sheriff
that is established pursuant to that division if the county
sheriff substantially conducted the investigation, to the law
enforcement trust fund of a municipal corporation that is
established pursuant to that division if its police department
substantially conducted the investigation, to the law enforcement
trust fund of a township that is established pursuant to that
division if the investigation was substantially conducted by a
township police department, township police district police
force, or office of a township constable, or to the law
enforcement trust fund of a park district created pursuant to
section 511.18 or 1545.01 of the Revised Code that is established
pursuant to that division if the investigation was substantially
conducted by its park district police force or law enforcement
department. The prosecuting attorney may decline to accept any
of the remaining proceeds, fines, and penalties, and, if the
prosecuting attorney so declines, they shall be applied to the fund
described in division
(D)(2)(c) of this section that relates to the appropriate law
enforcement agency that substantially conducted the
investigation.
If the state highway patrol substantially conducted the
investigation, the director of budget and management shall
transfer the remaining proceeds, fines, and penalties to the
state highway patrol for deposit into the state highway patrol
contraband, forfeiture, and other fund that is created by
division (D)(1)(c) of section 2933.43 of the Revised Code. If the department of taxation substantially conducted the investigation, the director shall transfer the remaining proceeds, fines, and penalties to the department for deposit into the department of taxation enforcement fund. If
the state board of pharmacy substantially conducted the
investigation, the director shall transfer the remaining
proceeds, fines, and penalties to the board for deposit into the
board of pharmacy drug law enforcement fund that is created by
division (B)(1) of section 4729.65 of the Revised Code. If a
state law enforcement agency, other than the state highway patrol, the department of taxation,
or the state board of pharmacy, substantially conducted the investigation, the
director shall transfer the remaining proceeds, fines, and
penalties to the treasurer of state for deposit into the peace
officer training commission fund that is created by
division
(D)(1)(c) of section 2933.43 of the Revised Code.
The remaining proceeds, fines, and penalties that are paid
to a law enforcement trust fund or that are deposited into the
state highway patrol contraband, forfeiture, and other fund, the department of taxation enforcement fund, the
board of pharmacy drug law enforcement fund, or the peace officer
training commission fund pursuant to division (D)(2)(c)
of this
section shall be allocated, used, and expended only in accordance
with division (D)(1)(c) of section 2933.43 of the Revised Code,
only in accordance with a written internal control policy adopted
under division (D)(3) of that section, and, if applicable, only
in accordance with division (B) of section 4729.65 of the Revised
Code. The annual reports that pertain to the funds and that are
required by divisions (D)(1)(c) and (3)(b) of section 2933.43 of
the Revised Code also shall address the remaining proceeds,
fines, and penalties that are paid or deposited into the funds
pursuant to division (D)(2)(c) of this section.
(3) If more than one law enforcement agency substantially
conducted the investigation, the court ordering the forfeiture
shall equitably divide the remaining proceeds, fines, and
penalties among the law enforcement agencies that substantially
conducted the investigation, in the manner described in division
(D)(2) of section 2933.43 of the Revised Code for the equitable
division of contraband proceeds and forfeited moneys. The
equitable shares of the proceeds, fines, and penalties so
determined by the court shall be paid or deposited into the
appropriate funds specified in division (D)(2)(c) of this
section.
(E) As used in this section, "law enforcement agency"
includes, but is not limited to, the state board of pharmacy and the department of taxation.
Sec. 2925.44. (A) If property is seized pursuant to
section 2925.42 or 2925.43 of the Revised Code, it is deemed to
be in the custody of the head of the law enforcement agency that
seized it, and the head of that agency may do any of the
following with respect to
that property prior to its disposition in accordance with
division (A)(4) or (B) of this section:
(1) Place the property under seal;
(2) Remove the property to a place that the head of that
agency designates;
(3) Request the issuance of a court order that requires
any other appropriate municipal corporation, county, township,
park district created pursuant to section 511.18 or 1545.01
of the Revised Code, or state law enforcement officer or other
officer to take custody of the property and, if practicable,
remove it to an appropriate location for eventual disposition in
accordance with division (B) of this section;
(4)(a) Seek forfeiture of the property pursuant to federal
law. If the head of that agency seeks its forfeiture pursuant to federal law,
the law
enforcement agency shall deposit, use, and account for proceeds from a sale of
the property upon its forfeiture, proceeds from another disposition of the
property upon its
forfeiture, or forfeited moneys it receives, in accordance
with the applicable federal law and otherwise shall comply with
that law.
(b) If the state highway patrol seized the property and if the superintendent
of the state highway patrol seeks its forfeiture pursuant to federal law, the
appropriate governmental officials shall deposit into the state highway
patrol contraband, forfeiture, and other fund all interest or other earnings
derived from the investment of the proceeds from a sale of the property upon
its forfeiture, the proceeds from another disposition of the property upon its
forfeiture, or the forfeited moneys. The state highway patrol shall use and
account for that interest or other earnings in accordance with the applicable
federal law.
(c) If the investigative unit of the
department of public
safety seized the property and if the director of public safety
seeks its forfeiture pursuant to federal law, the appropriate
governmental officials shall deposit into the
department of public safety investigative unit
contraband, forfeiture, and other fund all interest or other
earnings derived from the investment of the proceeds from a sale
of the property upon its forfeiture, the proceeds from another
disposition of the property upon its forfeiture, or the
forfeited moneys. The department shall use and account for that
interest or other earnings in accordance with the applicable
federal law.
(d) If the enforcement division of the department of taxation seized the property and if the tax commissioner seeks its forfeiture pursuant to federal law, the appropriate governmental officials shall deposit into the department of taxation enforcement fund all interest or other earnings derived from the investment of the proceeds from a sale of the property upon its forfeiture, the proceeds from another disposition of the property upon its forfeiture, or the forfeited moneys. The department shall use and account for that interest or other earnings in accordance with the applicable federal law.
(e) Division (B) of this section and divisions (D)(1) to
(3) of section 2933.43 of the Revised Code do not apply to proceeds or
forfeited moneys received pursuant to federal law or to the interest or other
earnings that are derived from the investment of proceeds or forfeited moneys
received pursuant to federal law and that are described in division (A)(4)(b) or (d)
of this section.
(B) In addition to complying with any requirements imposed
by a court pursuant to section 2925.42 or 2925.43 of the Revised
Code, and the requirements imposed by those sections, in relation
to the disposition of property forfeited to the state under
either of those sections, the prosecuting attorney who is
responsible for its disposition shall dispose of the property as
follows:
(1) Any vehicle, as defined in section 4501.01 of the
Revised Code, that was used in a felony drug abuse offense or in
an act that, if committed by an adult, would be a felony drug
abuse offense shall be given to the law enforcement agency of the
municipal corporation or county in which the offense occurred if
that agency desires to have the vehicle, except that, if the
offense occurred in a township or in a park district created
pursuant to section 511.18 or 1545.01 of the Revised Code and a
law enforcement officer employed by the township or the park district was
involved in
the seizure of the vehicle, the vehicle may be given to the law
enforcement agency of that township or park district if that
agency desires to have the vehicle, and except that, if the state
highway patrol made the seizure of the vehicle, the vehicle may
be given to the state highway patrol if it desires to have the
vehicle.
(2) Any drug paraphernalia that was used, possessed, sold,
or manufactured in a violation of section 2925.14 of the Revised
Code that would be a felony drug abuse offense or in a violation
of that section committed by a juvenile that, if committed by an
adult, would be a felony drug abuse offense, may be given to the
law enforcement agency of the municipal corporation or county in
which the offense occurred if that agency desires to have and can
use the drug paraphernalia, except that, if the offense occurred
in a township or in a park district created pursuant to section
511.18 or 1545.01 of the Revised Code and a law enforcement
officer employed by the township or the park district was involved in the
seizure of the
drug paraphernalia, the drug paraphernalia may be given to the
law enforcement agency of that township or park district if that
agency desires to have and can use the drug paraphernalia. If
the drug paraphernalia is not so given, it shall be disposed of
by sale pursuant to division (B)(8) of this section or disposed
of in another manner that the court that issued the order of
forfeiture considers proper under the circumstances.
(3) Drugs shall be disposed of pursuant to section 3719.11
of the Revised Code or placed in the custody of the secretary of
the treasury of the United States for disposal or use for medical
or scientific purposes under applicable federal law.
(4) Firearms and dangerous ordnance suitable for police
work may be given to a law enforcement agency for that purpose.
Firearms suitable for sporting use, or as museum pieces or
collectors' items, may be disposed of by sale pursuant to
division (B)(8) of this section. Other firearms and dangerous
ordnance shall be destroyed by a law enforcement agency or shall
be sent to the bureau of criminal identification and
investigation for destruction by it. As used in this division,
"firearms" and "dangerous ordnance" have the same meanings as in
section 2923.11 of the Revised Code.
(5) Computers, computer networks, computer systems, and
computer software suitable for police work may be given to a law
enforcement agency for that purpose. Other computers, computer
networks, computer systems, and computer software shall be
disposed of by sale pursuant to division (B)(8) of this section
or disposed of in another manner that the court that issued the
order of forfeiture considers proper under the circumstances. As
used in this division, "computers," "computer networks,"
"computer systems," and "computer software" have the same
meanings as in section 2913.01 of the Revised Code.
(6) Obscene materials shall be destroyed.
(7) Beer, intoxicating liquor, and alcohol shall be
disposed of in accordance with division (D)(4) of section 2933.41
of the Revised Code.
(8) In the case of property not described in divisions
(B)(1) to (7) of this section and of property described in those
divisions but not disposed of pursuant to them, the property
shall be sold in accordance with division (B)(8) of this section or, in the
case of
forfeited moneys, disposed of in accordance with division (B)(8) of this
section. If the property is to be sold, the prosecuting attorney shall
cause a notice of the proposed sale of the property to be given
in accordance with law, and the property shall be sold, without
appraisal, at a public auction to the highest bidder for cash. The proceeds
of a sale and forfeited moneys shall be applied in
the following order:
(a) First, to the payment of the costs incurred in
connection with the seizure of, storage of, maintenance of, and
provision of security for the property, the forfeiture proceeding
or civil action, and, if any, the sale;
(b) Second, the remaining proceeds or forfeited moneys
after compliance with division (B)(8)(a) of this section, to the
payment of the value of any legal right, title, or interest in
the property that is possessed by a person who, pursuant to
division (F) of section 2925.42 of the Revised Code or division
(E) of section 2925.43 of the Revised Code, established the
validity of and consequently preserved that legal right, title,
or interest, including, but not limited to, any mortgage,
perfected or other security interest, or other lien in the
property. The value of these rights, titles, or interests shall
be paid according to their record or other order of priority.
(c) Third, the remaining proceeds or forfeited moneys
after compliance with divisions (B)(8)(a) and (b) of this
section, as follows:
(i) If the forfeiture was ordered in a juvenile court, ten per
cent to one or more alcohol and drug addiction treatment programs that are
certified by the department of alcohol and drug addiction services under
section 3793.06 of the Revised Code and that are specified in the order of forfeiture. A
juvenile court shall not specify an alcohol or drug addiction treatment program
in the order of forfeiture unless the program is a certified alcohol and drug
addiction treatment program and, except as provided in division
(B)(8)(c)(i) of this section, unless
the program is located in the county in which the court that orders the
forfeiture is located or in a contiguous county. If no certified alcohol and
drug addiction treatment program is located in any of those counties, the
juvenile court may specify in the order a certified alcohol and drug addiction
treatment program located anywhere within this state.
(ii) If the forfeiture was ordered in a juvenile court, ninety
per
cent, and if the forfeiture was ordered in a court other than a juvenile
court,
one hundred per cent
to appropriate funds in accordance with divisions
(D)(1)(c) and (2) of section 2933.43 of the Revised Code. The
remaining proceeds or forfeited moneys so deposited shall be used
only for the purposes authorized by those divisions and division
(D)(3)(a)(ii) of that section.
(C)(1) Sections 2925.41 to 2925.45 of the Revised Code do
not preclude a financial institution that possessed a valid mortgage, security
interest, or lien that is not satisfied prior to a sale under
division (B)(8) of this section or following a sale by
application of division (B)(8)(b) of this section, from
commencing a civil action in any appropriate court in this or
another state to obtain a deficiency judgment against the debtor
if the financial institution otherwise would have been entitled
to do so in this or another state.
(2) Any law enforcement agency that obtains any vehicle
pursuant to division (B)(1) of this section shall take the
vehicle subject to the outstanding amount of any security
interest or lien that attaches to the vehicle.
(3) Nothing in this section impairs a mortgage, security
interest, lien, or other
interest of a financial institution in property that was the
subject of a forfeiture order under section 2925.42 or 2925.43 of
the Revised Code and that was sold or otherwise disposed of in a
manner that does not conform to the requirements of division (B)
of this section, or any right of a financial institution of
that nature to
commence a civil action in any appropriate court in this or
another state to obtain a deficiency judgment against the debtor.
(4) Following the sale under division (B)(8) of this
section of any property that is required to be titled or
registered under the law of this state, the prosecuting attorney
responsible for the disposition of the property shall cause the
state to issue an appropriate certificate of title or
registration to the purchaser of the property. Additionally, if,
in a disposition of property pursuant to division (B) of this
section, the state or a political subdivision is given any
property that is required to be titled or registered under the
law of this state, the prosecuting attorney responsible for the
disposition of the property shall cause the state to issue an
appropriate certificate of title or registration to itself or to
the political subdivision.
(D) Property that has been forfeited to the state pursuant
to an order of criminal forfeiture under section 2925.42 of the
Revised Code or an order of civil forfeiture under section
2925.43 of the Revised Code shall not be available for use to pay
any fine imposed upon a person who is convicted of or pleads
guilty to a felony drug abuse offense or upon any juvenile who is
found by a juvenile court to be a delinquent child for an act
that, if committed by an adult, would be a felony drug abuse
offense.
(E) Sections 2925.41 to 2925.45 of the Revised Code do not
prohibit a law enforcement officer from seeking the forfeiture of contraband
associated with a felony drug abuse offense pursuant to section
2933.43 of the Revised Code.
Sec. 2929.38. (A) A board of commissioners of a county, in
an agreement
with
the sheriff, a legislative authority of a
municipal
corporation, a
corrections commission, a judicial
corrections
board, or any other
public or private entity that
operates a
local detention facility
described in division (A) of
section 2929.37 of the Revised Code,
may establish a policy
that
requires any prisoner who is confined in
the facility as a
result
of pleading guilty
to or
having been convicted of an offense
to
pay a one-time reception fee for the costs of processing the
prisoner into the facility at the time of the prisoner's initial
entry into the facility under the confinement in question, to pay
a reasonable fee for
any medical or dental
treatment or service
requested by and
provided to that prisoner, and to pay the fee for
a random drug
test assessed under division (E) of section 341.26,
and division
(E) of section 753.33 of the Revised Code.
The fee
for the
medical treatment or service shall not exceed the actual
cost of
the treatment or
service provided. No prisoner
confined
in
the local detention facility shall be denied any
necessary
medical care
because of inability to pay the fees.
(B) Upon assessment of a one-time reception fee as described
in division (A) of this section, the provision of the requested
medical treatment or service, or the assessment of a fee for a
random
drug test, payment of the required fee may be automatically
deducted from
the prisoner's inmate
account in the business office
of the local detention facility in
which the prisoner
is confined.
If there is no
money in the
account, a deduction may
be made at a
later date
during the
prisoner's confinement if the
money becomes
available in
the
account. If, after release, the
prisoner has an
unpaid balance
of
those fees, the sheriff,
legislative authority
of the municipal
corporation, corrections
commission, judicial
corrections board,
or other entity that operates the local
detention
facility described in
division (A) of section 2929.37
of the Revised Code may bill the
prisoner for the payment
of the
unpaid fees. Fees received for
medical or
dental treatment
or
services shall be paid to the
commissary fund, if one exists
for
the facility, or if no
commissary
fund exists, to the general
fund
of the treasury of the
political
subdivision that incurred
the
expenses, in the same
proportion as
those expenses were borne
by
the political
subdivision.
Fees
received for medical treatment
or services that are placed in the
commissary fund under this division shall be used for the same
purposes as
profits from the commissary fund, except that they
shall not be used to pay
any salary or benefits of any person who
works in or is employed for the sole
purpose of providing service
to the
commissary.
(C) Any fee paid by a person under this section
shall
be
deducted from any medical or dental costs that the person
is
ordered
to reimburse under section 2929.36 of the Revised Code
or
to repay under a policy adopted under section 2929.37 of the
Revised Code.
(D) As used in this section, "inmate account" has the same
meaning as in section
2969.21
of the Revised Code.
Sec. 2933.43. (A)(1) Except as provided in this division or
in section
2913.34 or sections 2923.44 to 2923.47 or
2925.41 to
2925.45 of the Revised Code,
a law enforcement officer shall seize
any contraband that has been, is
being, or is intended to be used
in violation of division (A) of
section 2933.42 of the Revised
Code. A law enforcement officer
shall seize contraband that is a
watercraft, motor vehicle, or
aircraft and that has been, is
being, or is intended to be used
in violation of division (A) of
section 2933.42 of the Revised
Code only if the watercraft, motor
vehicle, or aircraft is
contraband because of its relationship to
an underlying criminal
offense that is a felony.
Additionally, a law enforcement officer shall seize any
watercraft, motor vehicle, aircraft, or other personal property
that is classified as contraband under division (B) of section
2933.42 of the Revised Code if the underlying offense involved in
the violation of division (A) of that section that resulted in
the
watercraft, motor vehicle, aircraft, or personal property
being
classified as contraband, is a felony.
(2) If a law enforcement officer seizes property that is
titled or registered under law, including a motor vehicle,
pursuant to division (A)(1) of this section, the officer or the
officer's
employing law enforcement agency shall notify the owner
of the
seizure. The notification shall be given to the owner at
the owner's last
known address within seventy-two hours after the
seizure,
and may be given orally by any means, including
telephone, or by
certified mail, return receipt requested.
If the officer or the officer's agency is unable to provide
the
notice required by this division despite reasonable, good
faith
efforts to do so, the exercise of the reasonable, good faith
efforts constitutes fulfillment of the notice requirement imposed
by this division.
(B)(1) A motor vehicle seized pursuant to division (A)(1)
of
this section and the contents of the vehicle may be retained
for a
reasonable period of time, not to exceed seventy-two hours,
for
the purpose of inspection, investigation, and the gathering
of
evidence of any offense or illegal use.
At any time prior to the expiration of the seventy-two-hour
period, the law enforcement agency that seized the motor vehicle
may petition the court of common pleas of the county that has
jurisdiction over the underlying criminal case or administrative
proceeding involved in the forfeiture for an extension of the
seventy-two-hour period if the motor vehicle or its contents are
needed as evidence or if additional time is needed for the
inspection, investigation, or gathering of evidence. Upon the
filing of such a petition, the court immediately shall schedule a
hearing to be held at a time as soon as possible after the
filing,
but in no event at a time later than the end of the next
business
day subsequent to the day on which the petition was
filed, and
upon scheduling the hearing, immediately shall notify
the owner of
the vehicle, at the address at which notification of
the seizure
was provided under division (A) of this section, of
the date,
time, and place of the hearing. If the court, at the
hearing,
determines that the vehicle or its contents, or both,
are needed
as evidence or that additional time is needed for the
inspection,
investigation, or gathering of evidence, the court
may grant the
petition and issue an order authorizing the
retention of the
vehicle or its contents, or both, for an
extended period as
specified by the court in its order. An order
extending a period
of retention issued under this division may be
renewed.
If no petition for the extension of the initial
seventy-two-hour period has been filed, prior to the expiration
of
that period, under this division, if the vehicle was not in
the
custody and control of the owner at the time of its seizure,
and
if, at the end of that seventy-two-hour period, the owner of
the
vehicle has not been charged with an offense or
administrative
violation that includes the use of the vehicle as
an element and
has not been charged with any other offense or
administrative
violation in the actual commission of which the
motor vehicle was
used, the vehicle and its contents shall be
released to its owner
or the owner's agent, provided that the law
enforcement agency
that seized the vehicle may require proof of
ownership of the
vehicle, proof of ownership or legal possession
of the contents,
and an affidavit of the owner that the owner neither
knew of nor
expressly or impliedly consented to the use of the
vehicle that
resulted in its forfeiture as conditions precedent
to release. If
a petition for the extension of the initial
seventy-two-hour
period has been filed, prior to the expiration
of that period,
under this division but the court does not grant
the petition, if
the vehicle was not in the custody and control
of the owner at the
time of its seizure, and if, at the end of
that seventy-two-hour
period, the owner of the vehicle has not
been charged with an
offense or administrative violation that
includes the use of the
vehicle as an element and has not been
charged with any other
offense or administrative violation in the
actual commission of
which the motor vehicle was used, the
vehicle and its contents
shall be released to its owner or the owner's agent,
provided that
the court may require the proof and
affidavit described in the
preceding sentence as conditions
precedent to release. If the
initial seventy-two-hour period has
been extended under this
division, the vehicle and its contents
to which the extension
applies may be retained in accordance with
the extension order.
If, at the end of that extended period, the
owner of the vehicle
has not been charged with an offense or
administrative violation
that includes the use of the vehicle as
an element and has not
been charged with any other offense or
administrative violation in
the actual commission of which the
motor vehicle was used, and if
the vehicle was not in the custody
and control of the owner at the
time of its seizure, the vehicle
and its contents shall be
released to its owner or the owner's agent,
provided that the
court may require the proof and affidavit
described in the third
preceding sentence as conditions precedent
to release. In cases
in which the court may require proof and
affidavits as conditions
precedent to release, the court also may
require the posting of a
bond, with sufficient sureties approved
by the court, in an amount
equal to the value of the property to
be released, as determined
by the court, and conditioned upon the
return of the property to
the court if it is forfeited under this
section, as a further
condition to release. If, at the end of
the initial
seventy-two-hour period or at the end of any extended
period
granted under this section, the owner has been charged
with an
offense or administrative violation that includes the use
of the
vehicle as an element or has been charged with another
offense or
administrative violation in the actual commission of
which the
motor vehicle was used, or if the vehicle was in the
custody and
control of the owner at the time of its seizure, the
vehicle and
its contents shall be retained pending disposition of
the charge,
provided that upon the filing of a motion for release
by the
owner, if the court determines that the motor vehicle or
its
contents, or both, are not needed as evidence in the
underlying
criminal case or administrative proceeding, the court
may permit
the release of the property that is not needed as
evidence to the
owner; as a condition precedent to a release of that nature,
the
court may require the owner to execute a bond with
the court. Any
bond so required shall be in an amount equal to
the value of the
property to be released, as determined by the
court, shall have
sufficient sureties approved by the court, and
shall be
conditioned upon the return of the property to the court
to which
it is forfeited under this section.
The final disposition of a motor vehicle seized pursuant to
division (A)(1) of this section shall be determined in accordance
with division (C) of this section.
(2) Pending a hearing pursuant to division (C) of this
section, and subject to divisions (B)(1) and (C) of this section,
any property lawfully seized pursuant to division (A) of this
section because it was contraband of a type described in division
(A)(13)(b), (d), (e),
(f), (g), (h), (i), or (j) of section
2901.01 of the Revised Code shall not be subject to replevin or
other action in any court and shall not be subject to release
upon
request of the owner, and no judgment shall be enforced
against
the property. Pending the hearing, and subject to
divisions
(B)(1) and (C) of this section, the property shall be
kept in the
custody of the law enforcement agency responsible for
its seizure.
Pending a hearing pursuant to division (C) of this section,
and notwithstanding any provisions of division (B)(1) or (C) of
this section to the contrary, any property lawfully seized
pursuant to division (A) of this section because it was
contraband
of a type described in division (A)(13)(a) or
(c) of section
2901.01 of the Revised Code shall not be
subject to replevin or
other action in any court and shall not be subject
to release upon
request of the owner, and no judgment shall be
enforced against
the property. Pending the hearing, and
notwithstanding any
provisions of division (B)(1) or (C) of this
section to the
contrary, the property shall be kept in the
custody of the law
enforcement agency responsible for its
seizure.
A law enforcement agency that seizes property under
division
(A) of this section because it was contraband of any
type
described in division (A)(13) of section 2901.01 or
division (B)
of section 2933.42 of the Revised Code shall maintain an accurate
record of each item of property so seized, which record shall
include the date on which each item was seized, the manner and
date of its disposition, and if applicable, the name of the
person
who received the item; however, the record shall not
identify or
enable the identification of the individual officer
who seized the
item. The record of property of that nature that no
longer is
needed as evidence shall be open to public inspection
during the
agency's regular business hours. Each law enforcement
agency
that, during any calendar year, seizes property under
division (A)
of this section because it was contraband shall
prepare a report
covering the calendar year that cumulates all of
the information
contained in all of the records kept by the
agency pursuant to
this division for that calendar year, and
shall send a copy of the
cumulative report, no later than the
first day of March in the
calendar year following the calendar
year covered by the report,
to the attorney general. Each report
received by the attorney
general is a public record open for
inspection under section
149.43 of the Revised Code. Not later than the
fifteenth day of
April in the calendar year
in which the reports are received, the
attorney
general shall send to the
president of the senate and the
speaker of the house of
representatives a written notification
that does all of the
following:
(a) Indicates that the attorney general has received from
law enforcement agencies reports
of the type described in this
division that cover the previous
calendar year and indicates that
the reports were received under this
division;
(b) Indicates that the reports
are open for inspection under
section 149.43 of the
Revised Code;
(c) Indicates that the attorney general
will provide a copy
of any or all of the reports to the
president of the senate or the
speaker of the house of
representatives upon request.
(C) The prosecuting attorney, village solicitor, city
director of law, or similar chief legal officer who has
responsibility for the prosecution of the underlying criminal
case
or administrative proceeding, or the attorney general if the
attorney general has that responsibility, shall file a petition
for the forfeiture, to the seizing law enforcement agency of the
contraband seized pursuant to division (A) of this section. The
petition shall be filed in the court that has jurisdiction over
the underlying criminal case or administrative proceeding
involved
in the forfeiture. If the property was seized on the
basis of
both a criminal violation and an administrative
regulation
violation, the petition shall be filed by the officer
and in the
court that is appropriate in relation to the criminal
case.
The petitioner shall conduct or cause to be conducted a
search of the appropriate public records that relate to the
seized
property for the purpose of determining, and shall make or
cause
to be made reasonably diligent inquiries for the purpose of
determining, any person having an ownership or security interest
in the property. The petitioner then shall give notice of the
forfeiture proceedings by personal service or by certified mail,
return receipt requested, to any persons known, because of the
conduct of the search, the making of the inquiries, or otherwise,
to have an ownership or security interest in the property, and
shall publish notice of the proceedings once each week for two
consecutive weeks in a newspaper of general circulation in the
county in which the seizure occurred. The notices shall be
personally served, mailed, and first published at least four
weeks
before the hearing. They shall describe the property
seized;
state the date and place of seizure; name the law
enforcement
agency that seized the property and, if applicable,
that is
holding the property; list the time, date, and place of
the
hearing; and state that any person having an ownership or
security
interest in the property may contest the forfeiture.
If the property seized was determined by the seizing law
enforcement officer to be contraband because of its relationship
to an underlying criminal offense or administrative violation, no
forfeiture hearing shall be held under this section unless the
person pleads guilty to or is convicted of the commission of, or
an attempt or conspiracy to commit, the offense or a different
offense arising out of the same facts and circumstances or unless
the person admits or is adjudicated to have committed the
administrative violation or a different violation arising out of
the same facts and circumstances; a forfeiture hearing shall be
held in a case of that nature no later than forty-five days after
the
conviction or the admission or adjudication of the violation,
unless the time for the hearing is extended by the court for good
cause shown. The owner of any property seized because of its
relationship to an underlying criminal offense or administrative
violation may request the court to release the property to the
owner. Upon
receipt of a request of that nature, if the court
determines that the
property is not needed as evidence in the
underlying criminal
case or administrative proceeding, the court
may permit the
release of the property to the owner. As a
condition precedent
to a release of that nature, the court may
require the owner to execute a
bond with the court. Any bond so
required shall have sufficient
sureties approved by the court,
shall be in a sum equal to the
value of the property, as
determined by the court, and shall be
conditioned upon the return
of the property to the court if the
property is forfeited under
this section. Any property seized
because of its relationship to
an underlying criminal offense or
administrative violation shall
be returned to its owner if
charges are not filed in relation to
that underlying offense or
violation within thirty days after the
seizure, if charges of that nature are
filed and subsequently are
dismissed, or if charges of that nature are filed
and the person
charged does not plead guilty to and is not convicted of the
offense or does not admit and is not found to have committed the
violation.
If the property seized was determined by the seizing law
enforcement officer to be contraband other than because of a
relationship to an underlying criminal offense or administrative
violation, the forfeiture hearing under this section shall be
held
no later than forty-five days after the seizure, unless the
time
for the hearing is extended by the court for good cause
shown.
Where possible, a court holding a forfeiture hearing under
this section shall follow the Rules of Civil Procedure. When a
hearing is conducted under this section, property shall be
forfeited upon a showing, by a preponderance of the evidence, by
the petitioner that the person from which the property was seized
was in violation of division (A) of section 2933.42 of the
Revised
Code. If that showing is made, the court shall issue an
order of
forfeiture. If an order of forfeiture is issued in
relation to
contraband that was released to the owner or the owner's agent
pursuant to this division or division (B)(1) of this
section, the
order shall require the owner to deliver the
property, by a
specified date, to the law enforcement agency that
employed the
law enforcement officer who made the seizure of the
property, and
the court shall deliver a copy of the order to the
owner or send a
copy of it by certified mail, return receipt
requested, to the
owner at the address to which notice of the
seizure was given
under division (A)(2) of this section. Except
as otherwise
provided in this division, all rights, interest, and
title to the
forfeited contraband vests in the state, effective
from the date
of seizure.
No property shall be forfeited pursuant to this division if
the owner of the property establishes, by a preponderance of the
evidence, that the owner neither knew, nor should have known after
a
reasonable inquiry, that the property was used, or was likely to
be used, in a crime or administrative violation. No bona fide
security interest shall be forfeited pursuant to this division if
the holder of the interest establishes, by a preponderance of the
evidence, that the holder of the interest neither knew, nor should
have known
after a
reasonable inquiry, that the property was used,
or likely to be
used, in a crime or administrative violation, that
the holder of the interest
did not
expressly or impliedly consent
to the use of the property in a
crime or administrative violation,
and that the security interest
was perfected pursuant to law prior
to the seizure. If the
holder of the interest satisfies the court
that these
requirements are met, the interest shall be preserved
by the
court. In a case of that nature, the court shall either
order that the
agency to which the property is forfeited reimburse
the holder of the interest
to the extent of the preserved interest
or order that the
holder be paid for the interest from the
proceeds of any
sale pursuant to division (D) of this section.
(D)(1) Contraband ordered forfeited pursuant to this
section
shall be disposed of pursuant to divisions (D)(1) to (7)
of
section 2933.41 of the Revised Code or, if the contraband is
not
described in those divisions, may be used, with the approval
of
the court, by the law enforcement agency that has custody of
the
contraband pursuant to division (D)(8) of that section. In
the
case of contraband not described in any of those divisions
and of
contraband not disposed of pursuant to any of those
divisions, the
contraband shall be sold in accordance with this
division or, in
the case of forfeited moneys, disposed of in
accordance with this
division. If the contraband is to be sold,
the prosecuting
attorney shall cause a notice of the proposed
sale of the
contraband to be given in accordance with law, and
the property
shall be sold, without appraisal, at a public
auction to the
highest bidder for cash. The proceeds of a sale
and forfeited
moneys shall be applied in the following order:
(a) First, to the payment of the costs incurred in
connection with the seizure of, storage of, maintenance of, and
provision of security for the contraband, the forfeiture
proceeding, and, if any, the sale;
(b) Second, the remaining proceeds or forfeited moneys
after
compliance with division (D)(1)(a) of this section, to the
payment
of the balance due on any security interest preserved
pursuant to
division (C) of this section;
(c) Third, the remaining proceeds or forfeited moneys
after
compliance with divisions (D)(1)(a) and (b) of this
section, as
follows:
(i) If the forfeiture was ordered in a juvenile court, ten
per
cent to one or more alcohol and drug addiction treatment
programs that are
certified by the department of alcohol and drug
addiction services under
section 3793.06 of the Revised Code and
that are specified in the order of
forfeiture. A
juvenile court
shall not certify an alcohol or drug addiction treatment
program
in the order of forfeiture unless the program is a certified
alcohol
and drug addiction treatment program and, except as
provided in division
(D)(1)(c)(i) of this section, unless the
program
is located in the county in which the court that orders
the forfeiture is
located or in a contiguous county. If no
certified alcohol and drug addiction
treatment program is located
in any of those counties, the juvenile court may
specify in the
order a certified alcohol and drug addiction treatment program
located anywhere within this state.
(ii) If the forfeiture was ordered in a juvenile court,
ninety
per cent, and if the forfeiture was ordered in a court
other than a juvenile
court, one hundred per cent to the law
enforcement trust fund of the
prosecuting
attorney and to the law
enforcement trust fund of the county
sheriff if the county sheriff
made the seizure, to the law
enforcement trust fund of a municipal
corporation if its police
department made the seizure, to the law
enforcement trust fund of
a township if the seizure was made by a
township police
department, township police district police force,
or office of a
township constable, to the law enforcement trust
fund of a park
district created pursuant to section 511.18 or
1545.01 of the
Revised Code if the seizure was made by the park
district police
force or law enforcement department, to the state
highway patrol
contraband, forfeiture, and other fund if the state
highway
patrol made the seizure, to the department of
public
safety investigative unit contraband, forfeiture, and
other fund
if the investigative unit of the
department of public
safety made
the
seizure, to the department of taxation enforcement fund if the department of taxation made the seizure, to
the
board of pharmacy drug law enforcement fund
created by division (B)(1) of section 4729.65 of the Revised Code
if the board made the seizure, or to the treasurer of state for
deposit into the peace officer training commission fund
if a state
law enforcement agency, other than the state highway patrol, the
investigative unit of the department of public safety, the enforcement division of the department of taxation, or the
state
board of pharmacy,
made the seizure. The prosecuting
attorney may decline to accept
any of the remaining proceeds or
forfeited moneys, and, if the prosecuting
attorney so
declines,
the remaining proceeds or forfeited moneys shall be
applied to the
fund described in this division that relates to
the law
enforcement agency that made the seizure.
A law enforcement trust fund shall be established by the
prosecuting attorney of each county who intends to receive any
remaining proceeds or forfeited moneys pursuant to this division,
by the sheriff of each county, by the legislative authority of
each municipal corporation, by the board of township trustees of
each township that has a township police department, township
police district police force, or office of the constable, and by
the board of park commissioners of each park district created
pursuant to section 511.18 or 1545.01 of the Revised Code that
has
a park district police force or law enforcement department,
for
the purposes of this division. There is hereby created in
the
state treasury the state highway patrol contraband,
forfeiture,
and other fund, the department of
public safety investigative unit
contraband, forfeiture, and
other fund, the department of taxation enforcement fund, and
the
peace officer
training commission fund, for the purposes
described in this
division.
Proceeds or forfeited moneys distributed to any municipal
corporation, township, or park district law enforcement trust
fund
shall be allocated from the fund by the legislative
authority only
to the police department of the municipal
corporation, by the
board of township trustees only to the
township police department,
township police district police
force, or office of the constable,
and by the board of park
commissioners only to the park district
police force or law
enforcement department.
Additionally, no proceeds or forfeited moneys shall be
allocated to or used by the state highway patrol, the department
of public safety, the department of taxation, the state board of pharmacy, or a county
sheriff, prosecuting attorney, municipal corporation police
department, township police department, township police district
police force, office of the constable, or park district police
force or law enforcement department unless the state highway
patrol, department of public safety, department of taxation, state board of pharmacy,
sheriff, prosecuting attorney, municipal corporation police
department, township police department, township police district
police force, office of the constable, or park district police
force or law enforcement department has adopted a written
internal
control policy under division (D)(3) of this section
that
addresses the use of moneys received from the state highway
patrol
contraband, forfeiture, and other fund, the
department of public
safety investigative unit
contraband, forfeiture, and other fund,
the department of taxation enforcement fund, the board of pharmacy drug law
enforcement fund, or the
appropriate law enforcement trust fund.
The state
highway patrol contraband, forfeiture, and other
fund,
the department of public safety investigative
unit
contraband, forfeiture, and other fund, the department of taxation enforcement fund, and a law
enforcement
trust fund shall be expended only in accordance with
the written
internal control policy so adopted by the recipient,
and, subject
to the requirements specified in division
(D)(3)(a)(ii) of this
section, only to pay the costs of
protracted or complex
investigations or prosecutions, to provide
reasonable technical
training or expertise, to provide matching
funds to obtain federal
grants to aid law enforcement, in the
support of DARE programs or
other programs designed to educate
adults or children with respect
to the dangers associated with
the use of drugs of abuse,
to pay
the costs of emergency action taken under section 3745.13 of the
Revised Code relative to the operation of an illegal
methamphetamine laboratory if the forfeited property or money
involved was that of a person responsible for the operation of the
laboratory, or for other law enforcement
purposes that the
superintendent of the state highway patrol,
department of public
safety, department of taxation, prosecuting attorney, county
sheriff, legislative
authority, board of township trustees, or
board of park
commissioners determines to be appropriate. The
board of pharmacy
drug law enforcement fund shall be expended
only in accordance
with the written internal control policy so
adopted by the board
and only in accordance with section 4729.65
of the Revised Code,
except that it also may be expended to pay the costs of emergency
action taken under section 3745.13 of the Revised Code relative to
the operation of an illegal methamphetamine laboratory if the
forfeited property or money involved was that of a person
responsible for the operation of the laboratory. The state
highway patrol contraband,
forfeiture, and other fund, the
department of
public safety investigative unit contraband,
forfeiture, and
other fund, the department of taxation enforcement fund, the
board
of pharmacy drug law
enforcement
fund, and a law enforcement trust fund shall not be
used to meet
the operating costs of the state highway patrol, of
the
investigative
unit of the department of
public safety, of the department of taxation enforcement division, of the
state board of pharmacy, of
any political subdivision, or of any
office of a prosecuting
attorney or county sheriff that are
unrelated to law enforcement.
Proceeds and forfeited moneys that are paid into the state
treasury to be deposited into the peace officer training
commission fund shall be used by the commission
only to pay the
costs of peace
officer training.
Any sheriff or prosecuting attorney who receives proceeds
or
forfeited moneys pursuant to this division during any calendar
year shall file a report with the county auditor, no later than
the thirty-first day of January of the next calendar year,
verifying that the proceeds and forfeited moneys were expended
only for the purposes authorized by this division and division
(D)(3)(a)(ii) of this section and specifying the amounts expended
for each authorized purpose. Any municipal corporation police
department that is allocated proceeds or forfeited moneys from a
municipal corporation law enforcement trust fund pursuant to this
division during any calendar year shall file a report with the
legislative authority of the municipal corporation, no later than
the thirty-first day of January of the next calendar year,
verifying that the proceeds and forfeited moneys were expended
only for the purposes authorized by this division and division
(D)(3)(a)(ii) of this section and specifying the amounts expended
for each authorized purpose. Any township police department,
township police district police force, or office of the constable
that is allocated proceeds or forfeited moneys from a township
law
enforcement trust fund pursuant to this division during any
calendar year shall file a report with the board of township
trustees of the township, no later than the thirty-first day of
January of the next calendar year, verifying that the proceeds
and
forfeited moneys were expended only for the purposes
authorized by
this division and division (D)(3)(a)(ii) of this
section and
specifying the amounts expended for each authorized
purpose. Any
park district police force or law enforcement
department that is
allocated proceeds or forfeited moneys from a
park district law
enforcement trust fund pursuant to this
division during any
calendar year shall file a report with the
board of park
commissioners of the park district, no later than
the thirty-first
day of January of the next calendar year,
verifying that the
proceeds and forfeited moneys were expended
only for the purposes
authorized by this division and division
(D)(3)(a)(ii) of this
section and specifying the amounts expended
for each authorized
purpose. The superintendent of the state
highway patrol shall
file a report with the attorney general, no
later than the
thirty-first day of January of each calendar year,
verifying that
proceeds and forfeited moneys paid into the state
highway patrol
contraband, forfeiture, and other fund pursuant to
this division
during the prior calendar year were used by the
state highway
patrol during the prior calendar year only for the
purposes
authorized by this division and specifying the amounts
expended
for each authorized purpose. The executive director of
the state
board of pharmacy shall file a report with the attorney
general,
no later than the thirty-first day of January of each
calendar
year, verifying that proceeds and forfeited moneys paid
into the
board of pharmacy drug law enforcement fund during the
prior
calendar year were used only in accordance with section
4729.65 of
the Revised Code and specifying the amounts expended
for each
authorized purpose. The peace officer training
commission shall
file a report with the attorney general, no later than
the
thirty-first day of January of each calendar year, verifying that
proceeds and forfeited moneys paid into the peace officer
training
commission fund pursuant to this division
during the prior
calendar year were used by the commission during the
prior
calendar
year only to pay the costs of peace officer training and
specifying the amount used for that purpose.
The tax commissioner shall file a report with the attorney general, not later than the thirty-first day of January of each calendar year, verifying that proceeds and forfeited moneys paid into the department of taxation enforcement fund pursuant to this division during the prior calendar year were used by the enforcement division during the prior calendar year to pay only the costs of enforcing the tax laws and specifying the amount used for that purpose.
(2) If more than one law enforcement agency is
substantially
involved in the seizure of contraband that is
forfeited pursuant
to this section, the court ordering the
forfeiture shall equitably
divide the proceeds or forfeited
moneys, after calculating any
distribution to the law enforcement
trust fund of the prosecuting
attorney pursuant to division
(D)(1)(c) of this section, among any
county sheriff whose office
is determined by the court to be
substantially involved in the
seizure, any legislative authority
of a municipal corporation
whose police department is determined
by the court to be
substantially involved in the seizure, any
board of township
trustees whose law enforcement agency is
determined by the court
to be substantially involved in the
seizure, any board of park
commissioners of a park district whose
police force or law
enforcement department is determined by the
court to be
substantially involved in the seizure, the state board
of
pharmacy if it is determined by the court to be substantially
involved in the seizure, the investigative unit of the department
of
public safety
if it
is determined by the court to be
substantially involved in the
seizure, the enforcement division of the department of taxation if it is determined by the court to be substantially involved in the seizure, and the state highway
patrol if it is determined by the
court to be substantially
involved in the seizure. The proceeds
or forfeited moneys shall
be deposited in the respective law
enforcement trust funds of the
county sheriff, municipal
corporation, township, and park
district, the board of pharmacy
drug law enforcement fund, the
department of public safety investigative
unit
contraband,
forfeiture, and other fund, the department of taxation enforcement fund, or the state highway
patrol
contraband,
forfeiture, and other fund, in accordance with
division (D)(1)(c)
of this section. If a state law enforcement
agency, other than
the state highway patrol, the investigative
unit of the department of
public safety,
the department of taxation, or the state board of
pharmacy, is determined by the court to be
substantially involved
in the seizure, the state agency's
equitable share of the proceeds
and forfeited moneys shall be
paid to the treasurer of state for
deposit into the peace officer
training commission fund.
(3)(a)(i) Prior to being allocated or using any proceeds
or
forfeited moneys out of the state highway patrol contraband,
forfeiture, and other fund, the department of
public safety
investigative unit contraband, forfeiture, and
other fund, the department of taxation enforcement fund, the
board of
pharmacy drug law enforcement
fund, or a law enforcement
trust fund under division (D)(1)(c) of
this section, the state
highway patrol, the department of public safety, the department of taxation, the
state board
of pharmacy, and a county sheriff,
prosecuting attorney, municipal
corporation police department,
township police department,
township police district police
force, office of the constable, or
park district police force or
law enforcement department shall
adopt a written internal control
policy that addresses the state
highway patrol's, department of
public safety's, department of taxation's, state board of
pharmacy's, sheriff's,
prosecuting attorney's, police
department's, police force's,
office of the constable's, or law
enforcement department's use
and disposition of all the proceeds
and forfeited moneys received
and that provides for the keeping of
detailed financial records
of the receipts of the proceeds and
forfeited moneys, the general
types of expenditures made out of
the proceeds and forfeited
moneys, the specific amount of each
general type of expenditure,
and the amounts, portions, and
programs described in division
(D)(3)(a)(ii) of this section. The
policy shall not provide for
or permit the identification of any
specific expenditure that is
made in an ongoing investigation.
All financial records of the receipts of the proceeds and
forfeited moneys, the general types of expenditures made out of
the proceeds and forfeited moneys, the specific amount of each
general type of expenditure by the state highway patrol, by the
department of public safety, by the department of taxation, by the state board of pharmacy, and
by a sheriff, prosecuting attorney, municipal corporation police
department, township police department, township police district
police force, office of the constable, or park district police
force or law enforcement department, and the amounts, portions,
and programs described in division (D)(3)(a)(ii) of this section
are public records open for inspection under section 149.43 of
the
Revised Code. Additionally, a written internal control
policy
adopted under this division is a public record of that nature, and
the state highway patrol, the department of public safety, the department of taxation, the
state board of pharmacy, or the sheriff, prosecuting attorney,
municipal corporation police department, township police
department, township police district police force, office of the
constable, or park district police force or law enforcement
department that adopted it shall comply with it.
(ii) The written internal control policy of a county
sheriff, prosecuting attorney, municipal corporation police
department, township police department, township police district
police force, office of the constable, or park district police
force or law enforcement department shall provide that at least
ten per cent of the first one hundred thousand dollars of
proceeds
and forfeited moneys deposited during each calendar year
in the
sheriff's, prosecuting attorney's, municipal
corporation's,
township's, or park district's law enforcement
trust fund pursuant
to division (B)(7)(c)(ii) of section 2923.46
or division
(B)(8)(c)(ii) of section 2925.44 of
the Revised Code, and at least
twenty per cent of the proceeds
and forfeited moneys exceeding one
hundred thousand dollars that
are so deposited, shall be used in
connection with community
preventive education programs. The
manner in which the described
percentages are so used shall be
determined by the sheriff,
prosecuting attorney, department,
police force, or office of the
constable after the receipt and
consideration of advice on
appropriate community preventive
education programs from the
county's board of alcohol, drug
addiction, and mental health
services, from the county's alcohol
and drug addiction services
board, or through appropriate
community dialogue. The financial
records described in division
(D)(3)(a)(i) of this section shall
specify the amount of the
proceeds and forfeited moneys deposited
during each calendar year
in the sheriff's, prosecuting
attorney's, municipal corporation's,
township's, or park
district's law enforcement trust fund pursuant
to division
(B)(7)(c)(ii) of section 2923.46 or division
(B)(8)(c)(ii) of
section 2925.44 of the Revised Code, the portion
of
that amount that was used pursuant to the requirements of this
division, and the community preventive education programs in
connection with which the portion of that amount was so used.
As used in this division,
"community preventive education
programs" includes, but is not limited to, DARE programs and
other
programs designed to educate adults or children with
respect to
the dangers associated with the use of drugs of abuse.
(b) Each sheriff, prosecuting attorney, municipal
corporation police department, township police department,
township police district police force, office of the constable,
or
park district police force or law enforcement department that
receives in any calendar year any proceeds or forfeited moneys
out
of a law enforcement trust fund under division (D)(1)(c) of
this
section or uses any proceeds or forfeited moneys in its law
enforcement trust fund in any calendar year shall prepare a
report
covering the calendar year that cumulates all of the
information
contained in all of the public financial records kept
by the
sheriff, prosecuting attorney, municipal corporation
police
department, township police department, township police
district
police force, office of the constable, or park district
police
force or law enforcement department pursuant to division
(D)(3)(a)
of this section for that calendar year, and shall send
a copy of
the cumulative report, no later than the first day of
March in the
calendar year following the calendar year covered by
the report,
to the attorney general.
The superintendent of the state highway patrol shall
prepare
a report covering each calendar year in which the state
highway
patrol uses any proceeds or forfeited moneys in the state
highway
patrol contraband, forfeiture, and other fund under
division
(D)(1)(c) of this section, that cumulates all of the
information
contained in all of the public financial records kept
by the state
highway patrol pursuant to division (D)(3)(a) of
this section for
that calendar year, and shall send a copy of the
cumulative
report, no later than the first day of March in the
calendar year
following the calendar year covered by the report,
to the attorney
general.
The department of public safety shall prepare a report
covering each fiscal year in which the department uses any
proceeds or forfeited moneys in the department of public safety
investigative unit contraband, forfeiture, and other fund under
division (D)(1)(c) of this section that
cumulates all of the
information contained in all of the public
financial records kept
by the department pursuant to division
(D)(3)(a) of this section
for that fiscal year. The department
shall send a copy of the
cumulative report to the attorney
general no later than the first
day of August in the fiscal year
following the fiscal year covered
by the report. The director of
public safety shall include in the
report a verification that
proceeds and forfeited moneys paid into
the department of
public safety investigative unit contraband,
forfeiture, and other fund under division (D)(1)(c) of this
section during the
preceding
fiscal year were used by the
department during that fiscal year only for
the purposes
authorized by that division and shall specify the
amount used for
each authorized purpose.
The tax commissioner shall prepare a report covering each calendar year in which the department of taxation enforcement division uses any proceeds or forfeited moneys in the department of taxation enforcement fund under division (D)(1)(c) of this section, that cumulates all of the information contained in all of the public financial records kept by the department of taxation enforcement division pursuant to division (D)(3)(a) of this section for that calendar year, and shall send a copy of the cumulative report, not later than the first day of March in the calendar year following the calendar year covered by the report, to the attorney general.
The executive director of the state board of pharmacy shall
prepare a report covering each calendar year in which the board
uses any proceeds or forfeited moneys in the board of pharmacy
drug law enforcement fund under division (D)(1)(c) of this
section, that cumulates all of the information contained in all
of
the public financial records kept by the board pursuant to
division (D)(3)(a) of this section for that calendar year, and
shall send a copy of the cumulative report, no later than the
first day of March in the calendar year following the calendar
year covered by the report, to the attorney general. Each report
received by the attorney general is a public record open for
inspection under section 149.43 of the Revised Code. Not later
than the
fifteenth day of April in the calendar year in
which the
reports are received, the attorney
general shall send to the
president of the senate and the speaker of the house of
representatives a written notification that does all of the
following:
(i) Indicates that the attorney general has received from
entities or persons specified in this division reports
of the type
described in this division that cover the previous
calendar year
and indicates that the reports were received under this
division;
(ii) Indicates that the reports
are open for inspection
under section 149.43 of the
Revised Code;
(iii) Indicates that the attorney general
will provide a
copy of any or all of the reports to the
president of the senate
or the speaker of the house of
representatives upon request.
(4)(a) A law enforcement agency that receives pursuant to
federal law proceeds from a sale of forfeited contraband, proceeds
from
another disposition of forfeited contraband, or
forfeited
contraband moneys shall deposit, use, and account for
the proceeds
or forfeited moneys in accordance with, and
otherwise comply with,
the applicable federal law.
(b) If the state highway patrol receives pursuant to federal
law proceeds
from a sale of forfeited contraband, proceeds from
another disposition of
forfeited contraband, or forfeited
contraband moneys, the appropriate
governmental officials shall
deposit into the state highway patrol contraband,
forfeiture, and
other fund all interest or other earnings derived from the
investment of the proceeds or forfeited moneys. The state highway
patrol
shall use and account for that interest or other earnings
in accordance with
the applicable federal law.
(c) If the investigative unit of the
department of public
safety receives pursuant to federal law proceeds from a
sale of
forfeited contraband, proceeds from another disposition of
forfeited contraband, or forfeited contraband moneys, the
appropriate governmental officials shall deposit into the
department of
public safety investigative unit
contraband,
forfeiture, and other fund all interest
or other earnings derived
from the investment of the proceeds or
forfeited moneys. The
department shall use and account for that
interest or other
earnings in accordance with the applicable
federal law.
(d) If the tax commissioner receives pursuant to federal law proceeds from a sale of forfeited contraband, proceeds from another disposition of forfeited contraband, or forfeited contraband moneys, the appropriate governmental officials shall deposit into the department of taxation enforcement fund all interest or other earnings derived from the investment of the proceeds or forfeited moneys. The department shall use and account for that interest or other earnings in accordance with the applicable federal law.
(e) Divisions (D)(1) to (3) of this section do not apply to
proceeds
or
forfeited moneys received pursuant to federal law or
to the interest or other
earnings that are derived from the
investment of proceeds or forfeited moneys
received pursuant to
federal law and that are described in division (D)(4)(b)
of this
section.
(E) Upon the sale pursuant to this section of any property
that is required to be titled or registered under law, the state
shall issue an appropriate certificate of title or registration
to
the purchaser. If the state is vested with title pursuant to
division (C) of this section and elects to retain property that
is
required to be titled or registered under law, the state shall
issue an appropriate certificate of title or registration.
(F) Notwithstanding any provisions of this section to the
contrary, any property that is lawfully seized in relation to a
violation of section 2923.32 of the Revised Code shall be subject
to forfeiture and disposition in accordance with sections 2923.32
to 2923.36
of the Revised Code; any property that is forfeited
pursuant
to section 2923.44 or 2923.45 of the Revised Code in
relation to a violation of section
2923.42 of the Revised Code or
in relation to an act of a juvenile that is a violation of
section
2923.42 of the Revised Code may be subject to forfeiture and
disposition in
accordance with sections 2923.44 to 2923.47 of the
Revised Code;
and any
property that is forfeited pursuant to
section 2925.42 or 2925.43
of the Revised Code in relation to a
felony drug abuse offense,
as defined in section 2925.01 of the
Revised Code, or in relation
to an act that, if committed by an
adult, would be a felony
drug abuse offense of that nature, may be
subject to forfeiture and
disposition in accordance with sections
2925.41 to 2925.45 of the Revised Code
or this section.
(G) Any failure of a law enforcement officer or agency, a
prosecuting attorney, village solicitor, city director of law, or
similar chief legal officer, a court, or the attorney general to
comply with any duty imposed by this section in relation to any
property seized or with any other provision of this section in
relation to any property seized does not affect the validity of
the seizure of the property, provided the seizure itself was made
in accordance with law, and is not and shall not be considered to
be the basis for the suppression of any evidence resulting from
the seizure of the property, provided the seizure itself was made
in accordance with law.
(H) Contraband that has been forfeited pursuant to
division
(C) of this section shall not be available for use to
pay any fine
imposed upon a person who is convicted of or pleads
guilty to an
underlying criminal offense or a different offense
arising out of
the same facts and circumstances.
Sec. 2935.01. As used in this chapter:
(A) "Magistrate" has the same meaning as in section
2931.01
of the Revised Code.
(B) "Peace officer" includes, except as provided in section
2935.081 of the Revised Code, a sheriff; deputy
sheriff;
marshal;
deputy marshal; member of the organized
police
department of any
municipal corporation, including a member of
the organized police
department of a municipal corporation in an
adjoining state
serving in Ohio under a contract pursuant to
section 737.04 of the
Revised Code; member of a police force
employed by a metropolitan
housing authority under division (D)
of section 3735.31 of the
Revised Code; member of a police
force employed by a
regional
transit authority under division (Y) of section 306.05 of the
Revised
Code; state university law
enforcement officer appointed
under section 3345.04 of the
Revised Code; enforcement agent of
the department of
public safety designated under section 5502.14
of the Revised Code; employee of the department of taxation to
whom investigation powers have been delegated under section
5743.45 5703.58 of the Revised Code; employee of the
department of natural
resources who is a natural resources law enforcement
staff officer
designated pursuant to section 1501.013 of the Revised Code, a
forest officer designated pursuant to section
1503.29 of the
Revised Code, a preserve officer designated pursuant to section
1517.10 of the Revised Code, a wildlife officer designated
pursuant to section
1531.13 of the Revised Code, a park officer
designated pursuant to section
1541.10 of the Revised Code, or a
state
watercraft officer designated pursuant to
section 1547.521
of the Revised
Code; individual designated to perform law
enforcement duties under
section 511.232, 1545.13, or 6101.75 of
the Revised Code; veterans' home
police officer appointed
under
section 5907.02 of the Revised Code; special police officer
employed by a port
authority under section 4582.04 or 4582.28 of
the Revised Code; police
constable of any
township; police
officer of a township or joint township
police
district;
a special
police officer employed by a municipal corporation at a municipal
airport, or other municipal air navigation facility, that has
scheduled operations, as defined in section 119.3 of Title 14 of
the Code of Federal Regulations, 14 C.F.R. 119.3, as amended, and
that is required to be under a security program and is governed by
aviation security rules of the transportation security
administration of the United States department of transportation
as provided in Parts 1542. and 1544. of Title 49 of the Code of
Federal Regulations, as amended; the house
sergeant at arms if the
house sergeant at arms has
arrest
authority pursuant to division
(E)(1) of section 101.311 of the
Revised Code;
and an assistant
house sergeant at arms;
officer or
employee of the bureau of
criminal identification and
investigation established pursuant to
section 109.51 of the
Revised Code who has been awarded a
certificate by the executive
director of the Ohio peace officer
training commission attesting
to the officer's or employee's
satisfactory completion of an
approved state, county, municipal,
or department of natural
resources peace officer basic training
program and who is
providing
assistance upon request to a law
enforcement officer or
emergency assistance to
a peace officer
pursuant to section
109.54
or 109.541 of the Revised Code; and,
for the purpose of
arrests
within
those areas,
for the
purposes of Chapter 5503. of the
Revised
Code, and the
filing of
and service of process relating to
those
offenses
witnessed or
investigated by them,
the
superintendent
and troopers of
the state highway patrol.
(C) "Prosecutor" includes the county prosecuting attorney
and
any assistant prosecutor designated to assist the county
prosecuting attorney,
and, in the
case of courts inferior to
courts of common pleas, includes the
village solicitor, city
director of law, or similar chief legal
officer of a municipal
corporation, any such officer's assistants, or any
attorney
designated by the prosecuting attorney of
the county to
appear for
the prosecution of a given case.
(D) "Offense," except where the context specifically
indicates otherwise, includes felonies, misdemeanors, and
violations of ordinances of municipal corporations and other
public bodies authorized by law to adopt penal regulations.
Sec. 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. 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. 3121.01. As used in this chapter:
(A) "Court child support order," "court support order,"
and
"personal earnings" have the same meanings
as in section 3119.01
of the Revised Code.
(B) "Default" means any failure to pay under a support
order
that is an amount greater than or equal to the amount of
support
payable under the support order for one month.
(C) "Financial institution" means a bank, savings and loan
association, or credit union, or a regulated investment company
or
mutual fund.
(D) "Income" means any form of monetary payment, including
personal earnings; workers' compensation
payments; unemployment
compensation benefits to the extent
permitted by, and in
accordance with, sections 3121.07 and
4141.284 of the
Revised
Code,
and federal
law governing the department of job and
family
services; pensions; annuities;
allowances; private or
governmental
retirement benefits; disability or sick
pay;
insurance proceeds;
lottery prize awards; federal, state, or
local
government benefits
to the extent that the benefits can be
withheld or deducted under
the law governing the benefits; any
form of trust fund or
endowment; lump sum payments, other than a one-time pay supplement of less than one hundred fifty dollars paid under section 124.183 of the Revised Code; and any other
payment in
money.
(E) "Payor" means any person or entity that pays or
distributes income to an obligor, including an obligor if the
obligor is self-employed; an employer; an employer
paying an
obligor's workers' compensation benefits; the public
employees
retirement board; the
governing entity of a municipal retirement
system; the board of
trustees of the Ohio police and fire pension
fund; the state teachers retirement board; the school employees
retirement board; the state highway patrol retirement board; a
provider, as defined in section 3305.01 of the Revised Code; the
bureau of workers' compensation; or any other person or entity
other than the department of job and family services with respect
to
unemployment compensation benefits paid pursuant to
Chapter
4141. 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. 3125.12. Each child
support enforcement agency shall enter into a plan
of cooperation with the board of county commissioners under section 307.983
of the Revised Code and comply with the partnership
each fiscal agreement the board enters
into under section 307.98 and contracts the board enters into under sections
307.981 and 307.982 of the Revised Code that affect the
agency.
Sec. 3301.0710. The state board of education shall adopt
rules establishing a statewide program to test student
achievement. The state board shall
ensure that all tests
administered under the testing program are
aligned with the
academic standards and model curricula adopted by
the state board
and are created with input from Ohio parents, Ohio
classroom
teachers, Ohio school administrators, and other
Ohio
school
personnel
pursuant to section 3301.079 of
the Revised Code.
The testing program shall be designed to ensure that students
who receive
a high school diploma demonstrate at least high
school
levels of
achievement in reading, writing,
mathematics,
science,
and
social studies.
(A)(1)
The state board shall prescribe all of the
following:
(a) A statewide achievement test designed to measure the
level of reading skill expected at the end of third grade;
(b) Two statewide achievement tests, one each designed to
measure the level of writing and mathematics skill expected at the
end of fourth grade;
(c) Two statewide achievement tests, one each designed to
measure the level of science and social studies skill expected at
the end of fifth grade;
(d) Three statewide achievement tests, one each designed to
measure the level of reading, writing, and mathematics skill
expected at the end of seventh grade;
(e) Two statewide achievement tests, one each designed to
measure the level of science and social studies skill expected at
the end of eighth grade.
(2) The state board shall determine and designate at least
four ranges of scores on each of the achievement tests described
in division (A)(1) of this section. Each range of scores shall be
deemed to demonstrate a level of achievement so that any student
attaining a score within such range has achieved one of the
following:
(a) An advanced level of skill;
(b) A proficient level of skill;
(c) A basic level of skill;
(d) A below basic level of skill.
(B)
The tests prescribed under this division shall
collectively be known as the Ohio graduation tests. The state
board shall prescribe five statewide high
school
achievement
tests, one each designed to measure
the level
of reading,
writing, mathematics, science, and
social
studies skill expected
at the end of tenth
grade, and shall
determine and designate the
score on each such
test that shall be
deemed to demonstrate that
any student
attaining such score has
achieved at least
a
proficient level
of
skill
appropriate for
tenth grade.
The state board may enter into a reciprocal agreement with
the appropriate body or agency of any other state that has
similar
statewide
achievement testing requirements for
receiving
high
school diplomas, under which any student who has
met
an
achievement testing requirement of one state
is recognized as
having met the similar
achievement
testing requirement of the
other state for purposes of receiving a
high school diploma. For
purposes of this section and sections
3301.0711 and 3313.61 of
the
Revised Code, any student enrolled in
any public high school
in
this state
who has met
an achievement testing requirement
specified in a reciprocal
agreement entered into under this
division shall be deemed to have
attained at least the applicable
score designated under this
division on each test required by
this
division that is specified
in the agreement.
(C) The state board shall annually designate as follows
the
dates on which the tests prescribed under this section shall
be
administered:
(1) For the test prescribed under division
(A)(1)(a) of this
section, as follows:
(a)
One date prior to the thirty-first day of
December each
school
year;
(b) At least one date of each school year that is not
earlier
than Monday of the week containing the eighth day of
March;
(c) One date during the summer for students
receiving summer
remediation services under
section 3313.608 of
the Revised
Code.
(2) For the tests prescribed under
divisions
(A)(1)(b),
(c), (d), and (e)
of this section, at least one
date of each
school year that is not earlier than Monday of the
week
containing
the
eighth day of March;
(3) For the tests prescribed under division (B) of this
section, at least one date in each school year that is
not earlier
than Monday of the week containing the fifteenth day
of
March for
all tenth grade students and at least one date prior to the
thirty-first day of
December and at least one date subsequent to
that date but prior
to the thirty-first day of March of each
school year for eleventh and
twelfth grade students.
(D) In prescribing test dates pursuant to division
(C)(3)
of
this section, the board shall, to the greatest
extent
practicable,
provide options to school districts in the case of
tests
administered under that division to eleventh and twelfth
grade
students and in the case of tests administered to students
pursuant to division
(C)(2) of section
3301.0711 of the Revised
Code. Such options shall include at least an
opportunity
for
school districts
to give such tests outside of regular school
hours.
(E) In prescribing test dates pursuant to this section, the
state
board of education shall designate the dates in such a way
as to allow a
reasonable length of time between the administration
of tests prescribed under
this section and any administration of
the National
Assessment of Education
Progress Test given to
students in the same grade level
pursuant to section
3301.27 of
the Revised Code.
(F) The state board shall prescribe a practice version of each Ohio graduation test described in division (B) of this section that is of comparable length to the actual test.
Sec. 3301.0711. (A) The department of education shall:
(1) Annually furnish
to, grade, and score all tests required
by
section 3301.0710 of the Revised Code to
be administered by
city,
local,
exempted
village, and joint vocational school
districts, except that each district shall score any test administered pursuant to division (B)(8) of this section. In awarding contracts for grading tests, the
department shall give preference to Ohio-based entities employing
Ohio residents.
(2) Adopt rules for the ethical use of tests and
prescribing
the manner in which the tests prescribed by section
3301.0710 of
the Revised Code shall be administered to students.
(B) Except as provided in divisions (C) and (J) of this
section, the board of education of each city, local, and exempted
village school district shall, in accordance with rules adopted
under division (A) of this section:
(1) Administer the test prescribed under division (A)(1)(a)
of
section 3301.0710 of the Revised Code twice annually to
all
students in the
third grade who have not attained the score
designated for that test under division (A)(2)(b) of section
3301.0710 of the Revised
Code and once each summer to students
receiving summer remediation
services under
section 3313.608 of
the Revised Code.
(2) Administer the tests prescribed under division (A)(1)(b)
of section 3301.0710 of the Revised Code
at least once
annually
to all students in the fourth grade.
(3) Administer the tests prescribed
under division
(A)(1)(c)
of section 3301.0710 of the Revised Code at least
once annually
to
all students in the
fifth grade.
(4) Administer
the tests prescribed under division
(A)(1)(d)
of section 3301.0710 of the Revised Code at least
once
annually
to
all students in the
seventh
grade.
(5)
Administer
the tests prescribed under division (A)(1)(e)
of section 3301.0710 of the Revised Code at least once annually to
all students in the eighth grade.
(6) Except as provided in division (B)(7) of this
sections
section,
administer any test prescribed under division (B) of
section
3301.0710 of the Revised Code as follows:
(a) At least once annually to all tenth grade students and
at
least twice annually
to all students in eleventh or twelfth
grade who have not yet attained the score on that test designated
under that division;
(b) To any person who has successfully completed the
curriculum in any high school or the individualized education
program developed for the person by any high school pursuant to
section 3323.08 of the Revised Code but has not received a high
school diploma and who requests to take such test, at any time
such test is administered in the district.
(7) In lieu of the board of education of any city, local, or
exempted village school district in which the student is also
enrolled, the board of a joint vocational school district shall
administer any test prescribed under division (B) of section
3301.0710 of the Revised Code at least twice annually to any student enrolled in the joint vocational school district who has
not yet attained the score on that test designated under that
division. A board of a joint vocational school district may also
administer such a test to any student described in division
(B)(6)(b) of this section.
(8) If the district has been declared to be under an academic watch or in a state of academic emergency pursuant to section 3302.03 of the Revised Code, administer each test prescribed by division (F) of section 3301.0710 of the Revised Code in September to all ninth grade students, beginning in the school year that starts July 1, 2004.
(C)(1)(a) Any student receiving special education services
under
Chapter 3323. of the Revised Code
may be excused from
taking
any particular test required to be administered under this
section if the individualized education program developed for the
student pursuant to section 3323.08 of the Revised Code excuses
the student from taking that test
and
instead specifies an
alternate assessment method approved by the
department of
education as conforming to requirements of federal
law for receipt
of federal funds for disadvantaged pupils. To the
extent
possible, the individualized education program shall not
excuse
the student from taking a test unless no reasonable
accommodation
can be made to enable the student to take the test.
(b) Any alternate assessment approved by the department
for
a student under this division shall produce measurable results
comparable to those produced by the tests which the alternate
assessments are replacing in order to allow for the student's
assessment results to be included in the data compiled for a
school district under section 3302.03 of the Revised Code.
(c) Any
student
enrolled in a chartered
nonpublic school
who has been identified,
based on an evaluation conducted in
accordance with section
3323.03 of the Revised Code or section 504
of the
"Rehabilitation
Act of 1973," 87 Stat. 355, 29 U.S.C.A.
794, as amended, as a
child with a disability shall be excused
from taking any
particular test
required to be administered under
this section if
a plan developed for the
student pursuant to rules
adopted by the
state board excuses the student from
taking that
test. In the
case of any student so excused from taking a test,
the chartered
nonpublic school shall not prohibit the student from
taking the
test.
(2) A district board may, for medical reasons or other
good
cause, excuse a student from taking a test administered
under this
section on the date scheduled, but any such test shall
be
administered to such excused student not later than
nine days
following the scheduled date. The board shall annually
report the
number of students who have not taken one or more of
the tests
required by this section to the state board of
education not later
than the thirtieth day of
June.
(3) As used in this division, "English-limited student"
means a student whose
primary language is not English, who has
been enrolled in
United States schools for less than
three
full
school years, and who within the school year has been
identified,
in accordance with criteria provided by the department
of
education, as lacking adequate proficiency in English for a
test
under this section to produce valid results with respect to
that
student's academic progress.
A school district board or governing authority of a nonpublic
school may grant a temporary, one-year exemption from any test
administered under this section to an English-limited student.
Not
more than three temporary one-year exemptions may be granted
to
any student. During any school year in which a student is
excused
from taking one or more tests administered under this
section, the
school district shall assess that student's progress
in learning
English, in accordance with procedures approved by the
department.
No
district board or
governing authority of a
chartered
nonpublic school shall prohibit
an English-limited student
from
taking a test
under this section.
(D) This division does not apply to any student receiving services pursuant to an individualized education program developed for the student pursuant to section 3323.08 of the Revised Code.
(1) In the school year next succeeding
the school year in
which the tests prescribed by division (A)(1) of
section
3301.0710
of the Revised Code
or former division (A)(1), (A)(2), or (B) of
section
3301.0710 of the Revised Code as it existed prior to
the
effective
date of this amendment
September 11, 2001, are administered to any
student,
the board
of education of any school district in which
the
student
is
enrolled in that year shall provide
to the student intervention
services
commensurate with the student's test
performance,
including any intensive intervention required under
section
3313.608 of the Revised Code, in any skill in which the
student
failed
to demonstrate at least
a score at the proficient
level
on a proficiency test or a score in the basic
range on an
achievement test.
This division does not apply to
any student
receiving
services
pursuant to an individualized
education program
developed
for the
student pursuant to section
3323.08 of the
Revised Code.
(2) Following any administration of the tests prescribed by division (F) of section 3301.0710 of the Revised Code to ninth grade students, each school district that has been declared to be in a state of academic emergency pursuant to section 3302.03 of the Revised Code shall determine for each high school in the district whether the school shall be required to provide intervention services to any students who took the tests. In determining which high schools shall provide intervention services based on the resources available, the district shall consider each school's graduation rate and scores on the practice tests. If any achievement tests in reading and math are adopted by the state board of education for administration in the eighth grade, the district also shall consider the scores received by ninth grade students on those tests in the eighth grade in determining which high schools shall provide intervention services.
Each high school selected to provide intervention services under this division shall provide intervention services to any student whose test results indicate that the student is failing to make satisfactory progress toward being able to attain scores at the proficient level on the Ohio Graduation Tests. Intervention services shall be provided in any skill in which a student demonstrates unsatisfactory progress and shall be commensurate with the student's test performance. Schools shall provide the intervention services prior to the end of the school year, during the summer following the ninth grade, in the next succeeding school year, or at any combination of those times.
(E) Except as provided in section 3313.608 of the Revised
Code and division
(M) of this section,
no school district board of
education shall
utilize any
student's failure to
attain a
specified score on
any test administered under this
section
as a
factor in any decision to deny the student promotion
to a higher
grade level. However, a district board may
choose not
to promote
to
the next grade level any student who does not take
any
test
administered under this section or make up
such test as
provided
by division (C)(2) of this section and who
is not
exempted
from
the requirement to take the test under
division
(C)(1) or (3) of
this section.
(F) No person shall be charged a fee for taking any test
administered under this section.
(G) Not later than sixty days after any administration of
any test prescribed by section 3301.0710 of the Revised Code, the
department shall send to each school district board a list of the
individual test scores of all persons taking the test.
For any
tests administered under this section by a joint vocational school
district, the department shall also send to each city, local, or
exempted village school district a list of the individual test
scores of any students of such city, local, or exempted village
school district who are attending school in the joint vocational
school district.
(H) Individual test scores on any tests administered under
this section shall be released by a district board only in
accordance with section 3319.321 of the Revised Code and the
rules
adopted under division (A) of this section. No district
board or
its employees shall utilize individual or aggregate test
results
in any manner that conflicts with rules for the ethical
use of
tests adopted pursuant to division (A) of this section.
(I) Except as provided in division (G) of this section,
the
department shall not release any individual test scores on
any
test administered under this section and shall adopt rules to
ensure the protection of student confidentiality at all times.
(J) Notwithstanding
division (D) of section 3311.52 of the
Revised Code, this section
does not apply to the board of
education of any
cooperative education school district except as
provided under
rules adopted pursuant to this division.
(1) In accordance with rules that the state board of
education shall adopt, the board of education of any city,
exempted village, or local school district with territory in a
cooperative education
school
district established pursuant to
divisions (A) to (C) of
section
3311.52 of the Revised Code may
enter into an agreement
with the
board of education of the
cooperative
education school district for administering any test
prescribed
under this section to students of the city, exempted
village, or
local school district who are attending school in the
cooperative education school district.
(2) In accordance with rules that the state board of
education shall adopt, the board of education of any city,
exempted village, or local school district with territory in a
cooperative education school district established pursuant to
section 3311.521 of the Revised Code shall enter into an
agreement
with the cooperative district that provides for the
administration
of any test prescribed under this section to both
of the
following:
(a) Students who are attending school in the cooperative
district and who, if the cooperative district were not
established, would be entitled to attend school in the city,
local, or exempted village school district pursuant to section
3313.64 or 3313.65 of the Revised Code;
(b) Persons described in division (B)(6)(b) of this
section.
Any testing of students pursuant to such an agreement shall
be in lieu of any testing of such students or persons pursuant to
this section.
(K)(1) Any chartered nonpublic school may participate in
the
testing program by administering any of the tests prescribed
by
section 3301.0710 of the Revised Code if the chief
administrator
of the school specifies which tests the school
wishes to
administer. Such specification shall be made in
writing to the
superintendent of public instruction prior to the
first day of
August of any school year in which tests are
administered and
shall include a pledge that the nonpublic school
will administer
the specified tests in the same manner as public
schools are
required to do under this section and rules adopted
by the
department.
(2) The department of education shall furnish the tests
prescribed by section 3301.0710 of the Revised Code to any
chartered nonpublic school electing to participate under this
division.
(L)(1)
The superintendent of the state school for the blind
and
the
superintendent of the state school for the deaf shall
administer
the tests described by section 3301.0710 of the
Revised
Code.
Each
superintendent shall administer the tests in
the same
manner
as
district boards are required to do under this
section
and rules
adopted by the department of education
and in conformity
with
division (C)(1)(a) of this section.
(2) The department of education shall furnish the tests
described by section 3301.0710 of the Revised Code to each
superintendent.
(M) Notwithstanding division (E) of this section,
a school
district may
use a student's failure to attain a score in at
least the basic range on any of the
tests
described by division
(A)(1)(b), (c), (d), or (e) of
section 3301.0710 of the
Revised
Code
as a factor in retaining that student in the current
grade
level.
(N)(1) All
tests required by section
3301.0710
of the
Revised Code shall become public records pursuant to
section
149.43 of the Revised Code on
the first day of July
following the
school year that the test was
administered.
(2) The department may field test proposed
test
questions
with
samples of students to determine the validity,
reliability,
or appropriateness
of test questions for possible
inclusion in a
future year's
test.
Field test questions shall not be considered in computing
test scores for
individual students. Field test questions may be
included
as part of the administration of any
test
required by
section
3301.0710 of the Revised Code.
(3) Any field test question administered under division
(N)(2) of
this section shall not be a public record. Such field
test questions shall be
redacted from any
tests which
are
released as a public record pursuant to division (N)(1) of
this
section.
Sec. 3301.0714. (A) The state board of education shall
adopt rules for a statewide education management information
system. The rules shall require the state board to
establish
guidelines for the establishment and maintenance of the system in
accordance with this section and the rules adopted under this
section. The guidelines shall include:
(1) Standards identifying and defining the types of data
in
the system in accordance with divisions (B) and (C) of this
section;
(2) Procedures for annually collecting and reporting the
data to the state board in accordance with division
(D) of this
section;
(3) Procedures for annually compiling the data in
accordance
with division (G) of this section;
(4) Procedures for annually reporting the data to the
public
in accordance with division (H) of this section.
(B) The guidelines adopted under this section shall
require
the data maintained in the education management
information system
to include at least the following:
(1) Student participation and performance data, for each
grade in each school district as a whole and for each grade in
each school building in each school district, that
includes:
(a) The numbers of students receiving each category of
instructional service offered by the school district, such as
regular education instruction, vocational education instruction,
specialized instruction programs or enrichment instruction that
is
part of the educational curriculum, instruction for gifted
students, instruction for handicapped students, and remedial
instruction. The guidelines shall require instructional services
under this division to be divided into discrete categories if an
instructional service is limited to a specific subject, a
specific
type of student, or both, such as regular instructional
services
in mathematics, remedial reading instructional services,
instructional services specifically for students gifted in
mathematics or some other subject area, or instructional services
for students with a specific type of handicap. The categories of
instructional services required by the guidelines under this
division shall be the same as the categories of instructional
services used in determining cost units pursuant to division
(C)(3) of this section.
(b) The numbers of students receiving support or
extracurricular services for each of the support services or
extracurricular programs offered by the school district, such as
counseling services, health services, and extracurricular sports
and fine arts programs. The categories of services required by
the guidelines under this division shall be the same as the
categories of services used in determining cost units pursuant to
division (C)(4)(a) of this section.
(c) Average student grades in each subject in grades nine
through twelve;
(d) Academic achievement levels as assessed by the testing
of student
achievement under sections 3301.0710 and
3301.0711 of
the Revised Code;
(e) The number of students designated as having a
handicapping condition pursuant to division (C)(1) of section
3301.0711 of the Revised Code;
(f) The numbers of students reported to the state board
pursuant to division (C)(2) of section 3301.0711 of the Revised
Code;
(g) Attendance rates and the average daily attendance for
the year. For purposes of this division, a student shall be
counted as present for any field trip that is approved by the
school administration.
(j) The percentage of students receiving corporal
punishment;
(l) Rates of retention in grade;
(m) For pupils in grades nine through twelve, the average
number of carnegie units, as calculated in accordance with state
board of education rules;
(n) Graduation rates, to be calculated in a manner
specified
by the department of education that reflects the rate
at
which
students who were in the ninth grade three years prior
to
the
current year complete school and that is consistent with
nationally accepted reporting requirements;
(o) Results of diagnostic assessments administered to
kindergarten students as required under section 3301.0715 of the
Revised Code to permit a comparison of the academic readiness of
kindergarten students. However, no district shall be required to
report to the department the results of any diagnostic assessment
administered to a kindergarten student if the parent of that
student requests the district not to report those results.
(2) Personnel and classroom enrollment data for each
school
district, including:
(a) The total numbers of licensed employees and
nonlicensed
employees and the numbers of full-time
equivalent licensed
employees and nonlicensed employees providing
each category of
instructional service, instructional support
service, and
administrative support service used pursuant to
division (C)(3) of
this section. The guidelines adopted under
this section shall
require these categories of data to be
maintained for the school
district as a whole and, wherever
applicable, for each grade in
the school district as a whole, for
each school building as a
whole, and for each grade in each
school building.
(b) The total number of employees and the number of
full-time equivalent employees providing each category of service
used pursuant to divisions (C)(4)(a) and (b) of this section, and
the total numbers of licensed employees and nonlicensed
employees
and the numbers of full-time equivalent licensed
employees and
nonlicensed employees providing each category
used pursuant to
division (C)(4)(c) of this section. The
guidelines adopted under
this section shall require these
categories of data to be
maintained for the school district as a
whole and, wherever
applicable, for each grade in the school
district as a whole, for
each school building as a whole, and for
each grade in each school
building.
(c) The total number of regular classroom teachers
teaching
classes of regular education and the average number of
pupils
enrolled in each such class, in each of grades
kindergarten
through five in the district as a whole and in each
school
building in the school district.
(3)(a) Student demographic data for each school district,
including information regarding the gender ratio of the school
district's pupils, the racial make-up of the school district's
pupils, and an appropriate measure of the number of the school
district's pupils who reside in economically disadvantaged
households. The demographic data shall be collected in a manner
to allow correlation with data collected under division (B)(1) of
this section. Categories for data collected pursuant to division
(B)(3) of this section shall conform, where appropriate, to
standard practices of agencies of the federal government.
(b) With respect to each student entering kindergarten,
whether
the student previously participated in a public preschool
program, a private
preschool program, or a head start program, and
the number of years the
student participated in each of these
programs.
(C) The education management information system shall
include cost accounting data for each district as a whole and for
each school building in each school district. The guidelines
adopted under this section shall require the cost data for each
school district to be maintained in a system of mutually
exclusive
cost units and shall require all of the costs of each
school
district to be divided among the cost units. The
guidelines shall
require the system of mutually exclusive cost
units to include at
least the following:
(1) Administrative costs for the school district as a
whole.
The guidelines shall require the cost units under this
division
(C)(1) to be designed so that each of them may be
compiled and
reported in terms of average expenditure per pupil
in formula ADM
in the school
district, as determined pursuant to section 3317.03
of the Revised Code.
(2) Administrative costs for each school building in the
school district. The guidelines shall require the cost units
under this division (C)(2) to be designed so that each of them
may
be compiled and reported in terms of average expenditure per
full-time equivalent pupil receiving instructional or support
services in each building.
(3) Instructional services costs for each category of
instructional service provided directly to students and required
by guidelines adopted pursuant to division (B)(1)(a) of this
section. The guidelines shall require the cost units under
division (C)(3) of this section to be designed so that each of
them may be compiled and reported in terms of average expenditure
per pupil receiving the service in the school district as a whole
and average expenditure per pupil receiving the service in each
building in the school district and in terms of a total cost for
each category of service and, as a breakdown of the total cost, a
cost for each of the following components:
(a) The cost of each instructional services category
required by guidelines adopted under division (B)(1)(a) of this
section that is provided directly to students by a classroom
teacher;
(b) The cost of the instructional support services, such
as
services provided by a speech-language pathologist, classroom
aide, multimedia aide, or librarian, provided directly to
students
in conjunction with each instructional services
category;
(c) The cost of the administrative support services
related
to each instructional services category, such as the cost
of
personnel that develop the curriculum for the instructional
services category and the cost of personnel supervising or
coordinating the delivery of the instructional services category.
(4) Support or extracurricular services costs for each
category of service directly provided to students and required by
guidelines adopted pursuant to division (B)(1)(b) of this
section.
The guidelines shall require the cost units under
division (C)(4)
of this section to be designed so that each of
them may be
compiled and reported in terms of average expenditure
per pupil
receiving the service in the school district as a whole
and
average expenditure per pupil receiving the service in each
building in the school district and in terms of a total cost for
each category of service and, as a breakdown of the total cost, a
cost for each of the following components:
(a) The cost of each support or extracurricular services
category required by guidelines adopted under division (B)(1)(b)
of this section that is provided directly to students by a
licensed employee, such as services provided by a guidance
counselor or any services provided by a licensed employee
under a
supplemental contract;
(b) The cost of each such services category provided
directly to students by a nonlicensed employee, such as
janitorial
services, cafeteria services, or services of a sports
trainer;
(c) The cost of the administrative services related to
each
services category in division (C)(4)(a) or (b) of this
section,
such as the cost of any licensed or nonlicensed
employees that
develop, supervise, coordinate, or otherwise are
involved in
administering or aiding the delivery of each services
category.
(D)(1) The guidelines adopted under this section
shall
require
school districts to collect information about individual
students, staff members, or both in connection with any data
required by division (B) or (C) of this section or other
reporting
requirements established in the Revised Code. The
guidelines may
also require school districts to report
information about
individual staff members in connection with any
data required by
division (B) or (C) of this section or other
reporting
requirements established in the Revised Code. The
guidelines
shall not
authorize school districts to request social
security
numbers of
individual students.
The guidelines shall prohibit
the
reporting
under this
section of
a student's
name,
address,
and
social security number to the state board of
education or the
department of
education. The guidelines shall
also prohibit the
reporting
under
this section of any personally
identifiable
information
about any
student, except for the purpose
of assigning
the data
verification
code required by division
(D)(2) of this
section, to
any
other
person
unless such person
is
employed by
the
school
district or
the data
acquisition site
operated under
section
3301.075 of the
Revised Code
and is
authorized
by the
district or
acquisition
site
to have
access to
such
information.
The
guidelines may
require
school
districts to
provide the social
security numbers
of
individual
staff members.
(2) The guidelines shall provide for each school district or
community school to assign a data verification code
that is unique
on a statewide basis over time to each
student whose
initial Ohio
enrollment is in that district or
school and to report
all
required individual student data for that
student utilizing such
code. The guidelines shall also provide
for assigning
data
verification codes to all students enrolled in
districts or
community
schools on the
effective date of the
guidelines
established under this section.
Individual student data shall be reported to the department
through the
data
acquisition sites utilizing the code but at no
time shall
the state board
or the department have access to
information
that would enable any
data verification code to be
matched to personally
identifiable
student data.
Each school district shall ensure that the data verification
code is
included in the student's records reported to any
subsequent school district
or community school in which the
student enrolls and shall remove all
references to the code in any
records retained in the district or school that
pertain to any
student no longer enrolled. Any such subsequent
district or
school shall utilize the same identifier in its reporting of data
under this section.
(E) The guidelines adopted under this section may require
school districts to collect and report data, information, or
reports other than that described in divisions (A), (B), and (C)
of this section for the purpose of complying with other reporting
requirements established in the Revised Code. The other data,
information, or reports may be maintained in the education
management information system but are not required to be compiled
as part of the profile formats required under division (G) of
this
section or the annual statewide report required under
division (H)
of this section.
(F) Beginning with the school year that begins July 1,
1991,
the board of education of each school district shall
annually
collect and report to the state board, in
accordance
with the
guidelines established by the board, the data
required
pursuant to
this section. A school district may collect and
report these data
notwithstanding section 2151.358 or 3319.321 of
the Revised Code.
(G) The state board shall, in accordance with the
procedures
it adopts, annually compile the data reported by each
school
district pursuant to division (D) of this section. The
state
board shall design formats for profiling each
school
district as a
whole and each school building within each district
and shall
compile the data in accordance with these formats. These profile
formats shall:
(1) Include all of the data gathered under this section in
a
manner that facilitates comparison among school districts and
among school buildings within each school district;
(2) Present the data on academic achievement levels as
assessed by the testing of student
achievement
maintained
pursuant to division (B)(1)(e) of this section so that
the
academic achievement levels of students who are excused from
taking any such test pursuant to division (C)(1) of section
3301.0711 of the Revised Code are distinguished from the academic
achievement levels of students who are not so excused.
(H)(1) The state board shall, in accordance with the
procedures it adopts, annually prepare a statewide report for all
school districts and the general public that includes the profile
of each of the school districts developed pursuant to division
(G)
of this section. Copies of the report shall be sent to each
school district.
(2) The state board shall, in accordance with the
procedures
it adopts, annually prepare an individual report for
each school
district and the general public that includes the
profiles of each
of the school buildings in that school district
developed pursuant
to division (G) of this section. Copies of
the report shall be
sent to the superintendent of the district
and to each member of
the district board of education.
(3) Copies of the reports received from the state board
under divisions
(H)(1) and (2) of this section shall be made
available to the general public at each school district's
offices.
Each district board of education shall make copies of
each report
available to any person upon request and payment of a
reasonable
fee for the cost of reproducing the report. The board
shall
annually publish in a newspaper of general circulation in
the
school district, at least twice during the two weeks prior to
the
week in which the reports will first be available, a notice
containing the address where the reports are available and the
date on which the reports will be available.
(I) Any data that is collected or maintained pursuant to
this section and that identifies an individual pupil is not a
public record for the purposes of section 149.43 of the Revised
Code.
(J) As used in this section:
(1) "School district" means any city, local, exempted
village, or joint vocational school district.
(2) "Cost" means any expenditure for operating expenses
made
by a school district excluding any expenditures for debt
retirement except for payments made to any commercial lending
institution for any loan approved pursuant to section 3313.483 of
the Revised Code.
(K) Any person who removes data from the information
system
established under this section for the purpose of
releasing it to
any person not entitled under law to have access
to such
information is subject to section 2913.42 of the Revised
Code
prohibiting tampering with data.
(L) Any time the department of education determines that a
school district
has taken any of the actions described under
division
(L)(1), (2), or (3) of this section, it shall make a
report of the actions of the district, send a copy of the report
to the superintendent of such school district, and maintain a
copy
of the report in its files:
(1) The school district fails to meet any deadline
established pursuant to this section for the reporting of any
data
to the education management information system;
(2) The school district fails to meet any deadline
established pursuant to this section for the correction of any
data reported to the education management information
system;
(3) The school district reports data to the education
management
information system in a condition, as determined by
the
department, that indicates that the district did not make a good
faith effort in reporting the data to the system.
Any report made under this division shall include
recommendations
for corrective action by the school district.
Upon making a report for the first time
in a fiscal year, the
department shall
withhold ten per cent of the total amount due
during that fiscal
year under Chapter 3317. of the Revised Code to
the school district to which
the report applies. Upon making a
second
report in a fiscal year, the department shall withhold
an
additional twenty per cent of such total amount due during
that
fiscal year to the school district to which the report
applies.
The department shall not release such funds
unless it determines
that the district has taken corrective action.
However, no such
release of funds shall occur if the district
fails to take
corrective action within
forty-five days of the date
upon
which the
report was made by the department.
(M) The department of education, after consultation
with the
Ohio education computer network, may provide at
no cost to school
districts uniform computer software for use in
reporting data to
the education management information system,
provided that no
school district shall be required to utilize
such software to
report data to the education management
information system if such
district is so reporting data in an
accurate, complete, and timely
manner in a format compatible
with that required by the education
management information
system No data acquisition site or school district shall acquire, change, or update its student administration software package to manage and report data required to be reported to the department unless it converts to a student software package that is certified by the department.
(N) The state board of education, in accordance with
sections 3319.31 and
3319.311 of the Revised Code, may suspend or
revoke a license as defined under
division (A) of section 3319.31
of the Revised Code that has been issued to
any school district
employee found to have willfully reported
erroneous, inaccurate,
or incomplete data to the education
management information system.
(O) No person shall release or maintain any information
about any
student in violation of this section. Whoever violates
this division is
guilty of a misdemeanor of the fourth degree.
(P) The department shall disaggregate the data collected
under
division (B)(1)(o) of this section according to the race and
socioeconomic status of the students assessed. No data collected
under that division shall be included on the report cards required
by section 3302.03 of the Revised Code.
(Q) If the department cannot compile any of the information
required by division (D)(5) of section 3302.03 of the Revised Code
based upon the data collected under this section, the department
shall develop a plan and a reasonable timeline for the collection
of any data necessary to comply with that division.
Sec. 3301.31. As used in this section and sections 3301.32 to 3301.38 of the Revised Code:
(A) "Eligible individual" means an individual eligible for Title IV-A services.
(B) "Head start agency" means any or all 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) In accordance with the interagency agreement described in division (C) of this section, 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. This interagency agreement shall establish the implementation date of the Title IV-A head start plus program, which is July 1, 2004. 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, 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 individuals determined eligible for Title IV-A services by the county department of job and family services 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 Title IV-A services by 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 Title IV-A head start plus agency under which the department shall reimburse the agency for allowable expenses in connection to services provided to eligible individuals.
(B) Each county department of job and family services shall assist the department of education in administering 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 invoices from 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 Title IV-A funds. 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) The department of education 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 under this division shall specify all of the following:
(1) Requirements applicable to the allowable use of and accountability for Title IV-A funds;
(2) 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;
(3) Applicable audit requirements applicable to funds received under the contract;
(4) Reporting requirements by and for the county department, the state department of job and family services, and the department of education;
(5) Provisions for the department of education 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. Each county department of job and family services shall determine eligibility for Title IV-A services for individuals seeking Title IV-A services from a Title IV-A head start agency or Title IV-A head start plus agency.
Sec. 3301.37. (A) Each entity operating a head start program shall be licensed or certified 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 September 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. 3301.38. (A) The department of education shall adopt policies and procedures for the approval, suspension, and removal of Title IV-A head start and Title IV-A head start plus agencies from the approved list of providers.
(B) If a head start program that received state funding prior to July 1, 2001, waives its right to state funding or has its state funding eliminated for not meeting financial standards or program performance standards, the grantee or delegates shall transfer control of title to property, equipment, and remaining supplies purchased with state funds to the department along with any reports prescribed by the department.
(C) Title IV-A head start awards shall be distributed on a per-pupil basis, which the department may adjust so that the per pupil amount multiplied by the number of eligible children enrolled and receiving services, as defined by the department of education, reported on the first day of December or the first business day following that date equals the amount allocated.
(D) The department of education shall prescribe the assessment instrument and determine target levels for critical performance indicators for the purpose of assessing Title IV-A head start and Title IV-A head start plus agencies. Onsite reviews and follow-up visits shall be based on progress in meeting the prescribed target levels.
(E) The department of education shall require Title IV-A head start and Title IV-A head start plus agencies to:
(1) Address federal head start education and assessment performance standards, as required by 45 C.F.R. 1304.20 to 1304.41 and the Ohio department of education pre-kindergarten math and literacy content standards;
(2) Comply with the department of education prescribed assessment requirements that are aligned with the assessment system for kindergarten through twelfth grade;
(3) Comply with federal head start performance standards for comprehensive services in health, nutrition, mental health, family partnership, and social services as required by 45 C.F.R. 1304.20 to 1304.41;
(4) Require teachers to attend a minimum of twenty hours of professional development as prescribed by the department of education regarding the implementation of content standards and assessment; and
(5) Document and report child progress using research-based indicators as prescribed by the department.
(F) Costs for developing and administering a Title IV-A head start or Title IV-A head start plus program may not exceed fifteen percent of the total approved costs of the program.
(G) In consultation with the department of job and family services, the department of education shall establish program requirements for Title IV-A head start and Title IV-A head start plus agencies.
(H) The department of education may examine the financial and program records of Title IV-A head start agencies and Title IV-A head start plus agencies. The department of education shall monitor these agencies to ensure 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. The department of job and family services may examine the financial records of Title IV-A head start agencies and Title IV-A head start plus agencies.
(I)(1) A Title IV-A head start agency or Title IV-A head start plus agency shall propose and implement a corrective action plan that has been approved by the department of education when the department determines either of the following:
(a) The financial practices of the Title IV-A head start agency are not in accordance with standard accounting principles and federal requirements or do not meet financial standards required in the contract as specified under division (C) of section 3301.35 of the Revised Code;
(b) The Title IV-A head start or Title IV-A head start plus agency fails to substantially meet the head start performance standards or exhibits below average performance as measured against the performance indicators.
(2) The approved corrective action plan shall be signed by the appropriate official and agency governance body.
(3) The corrective action plan shall include a schedule of monitoring by the department of education. This 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 Title IV-A head start agency or Title IV-A head start plus agency. The department may withhold funding to a Title IV-A head start agency or a Title IV-A head start plus agency.
(4) If a Title IV-A head start agency or a Title IV-A head start plus agency fails to satisfactorily complete a corrective action, the department may suspend or terminate part or all of the funding to the agency and may remove the agency from the approved list.
(J) The department shall provide technical assistance to Title IV-A head start agencies in administering Title IV-A head start programs and to Title IV-A head start plus agencies and child care partners in administering head start plus programs.
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, or 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, or 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. 3301.68. There is hereby created the legislative
committee on education oversight as a subcommittee of the legislative
service commission. The committee shall consist of
five members of the house of representatives appointed by the
speaker of the house of representatives and five members of the
senate appointed by the president of the senate. Not more than
three of the members appointed from each house shall be members
of the same political party. Members shall serve during the term
of office to which they were elected.
The committee, subject to the oversight and direction of the
legislative service commission, shall direct the work of the
legislative
office of education oversight, which is hereby established. The
committee may employ a staff director and such other staff as are
necessary for the operation of the office, who shall be in the
unclassified service of the state, and may contract for the
services of whatever technical advisors are necessary for the
committee and the office to carry out their duties.
The chairperson and
vice-chairperson of the legislative service
commission shall fix the compensation of the director. The
director, with the approval of the director of the legislative
service commission, shall fix the compensation of other staff of
the office in accordance with a salary schedule established by
the director of the legislative service commission. Contracts
for the services of necessary technical advisors shall be
approved by the director of the legislative service commission.
All expenses incurred by the committee or office shall be
paid upon vouchers approved by the chairperson of the
committee. The committee shall adopt rules for the conduct of its business
and the election of officers, except that the office of
chairperson of the committee shall alternate each general assembly between
a member of the house of representatives selected by the speaker and a member
of the senate selected by the president.
The committee shall select, for the office to review and
evaluate, education and school-related programs that receive
state financial assistance in any form. The reviews and
evaluations may include any of the following:
(A) Assessment of the uses school districts and
institutions of higher education make of state money they receive
and determination of the extent to which such money improves
school district or institutional performance in the areas for
which the money was intended to be used;
(B) Determination of whether an education program meets
its intended goals, has adequate operating or administrative
procedures and fiscal controls, encompasses only authorized
activities, has any undesirable or unintended effects, and is
efficiently managed;
(C) Examination of various pilot programs developed and
initiated in school districts and at state-assisted colleges and
universities to determine whether such programs suggest
innovative, effective ways to deal with problems that may exist
in other school districts or state-assisted colleges or
universities, and to assess the fiscal costs and likely impact of
adopting such programs throughout the state or in other
state-assisted colleges and universities.
The committee shall report the results of each program
review the office conducts to the general assembly.
If the general assembly directs the legislative office of education oversight to submit a study to the general assembly by a particular date, the committee has the authority to modify the scope and due date of the study to accommodate the availability of data and resources.
Sec. 3301.80. (A) There is hereby created the Ohio
SchoolNet commission
as an independent agency. The commission
shall administer
programs to provide financial and other
assistance to school districts
and other educational institutions
for the acquisition and utilization
of educational technology.
The commission is a body corporate and politic, an agency of
the
state performing essential governmental functions of the
state.
(B)(1) The commission shall consist
of eleven thirteen members, seven nine
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, and two shall be appointed by the governor. 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, and the governor 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, and 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, except that the voting members
so appointed may be removed at
anytime
any time by their respective
appointing authority. The members appointed by the
speaker of the
house and, the president of the senate, and the governor 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, and the governor
shall
continue in office subsequent to
the expiration date of that
member's
term until a successor takes
office or until a period of
sixty days has
elapsed, whichever
occurs first.
(C)(1) The commission shall be under the
supervision of an
executive director who
shall be appointed by the commission.
The
executive director shall
serve at the pleasure of the commission
and shall
direct commission employees in the
administration of all
programs for the provision of financial and other
assistance to
school districts and other educational institutions for the
acquisition and utilization of educational technology.
(2) The employees of the Ohio SchoolNet commission shall be
placed in the unclassified service. The commission shall fix the
compensation
of the executive director. The executive director
shall employ and fix the
compensation for such employees as
necessary
to facilitate the activities and purposes of the
commission. The
employees shall serve at the pleasure of the
executive director.
(3) The employees of the Ohio SchoolNet
commission shall be
exempt
from Chapter 4117. of the Revised Code and shall
not be
public employees as defined in section 4117.01 of the Revised
Code.
(D) The Ohio SchoolNet commission shall do all of the
following:
(1) Make grants to institutions and other organizations as
prescribed by the
general assembly for the provision of technical
assistance, professional
development, and other support services
to enable school districts,
community schools established under
Chapter 3314. of the Revised Code,
and other
educational
institutions to utilize educational technology;
(2) Contract with the department of education, state
institutions of
higher education, private nonprofit institutions
of higher education holding
certificates of authorization under
section 1713.02 of the Revised Code, and
such other public or
private entities as the
executive director
deems necessary for the
administration and implementation
of the
programs under the
commission's jurisdiction;
(3) Establish a reporting system to which school districts,
community schools established under Chapter 3314. of the Revised
Code,
and other
educational institutions receiving financial
assistance pursuant to this
section for the acquisition of
educational technology report information as to
the manner in
which such assistance was expended, the manner in which the
equipment or services purchased with the assistance is being
utilized, the
results or outcome of this utilization, and other
information as may be
required by the commission;
(4) Establish necessary guidelines governing purchasing and
procurement by
participants in programs administered by the
commission
that facilitate the timely
and effective implementation
of such programs;
(5) Take into consideration the efficiency and cost
savings
of
statewide procurement prior to allocating and releasing funds
for any programs
under its administration.
(E)(1) The executive director shall
implement policies and
directives issued by the Ohio SchoolNet commission.
(2) The Ohio SchoolNet commission may establish a
systems
support network to facilitate the timely implementation of the
programs, projects, or activities for which it provides
assistance.
(3) Chapters 123., 124., 125., and 153., and sections 9.331,
9.332,
and 9.333 of the Revised Code do not apply to contracts,
programs, projects,
or activities of the Ohio SchoolNet
commission.
Sec. 3302.03. (A)
Annually the
department
of
education
shall
report for each
school district
the extent to which it
meets each of the
performance indicators
created by the
state
board of
education under
section 3302.02 of the Revised Code and
shall
specify for each
such district the
number of
performance
indicators that have been
achieved and
whether the district is an
excellent school district,
an
effective
school district,
needs
continuous improvement, is
under an
academic
watch, or is in
a
state of academic emergency.
When possible, the department shall also determine for each
school building
in a district the extent to which it meets any of
the performance
indicators applicable to the grade levels of the
students in that
school building and whether the school building
is an excellent school, an effective
school, needs continuous
improvement, is under an academic watch,
or is in a state of
academic emergency.
(B)
If the state board establishes seventeen performance
indicators applicable to a school district or building under
section 3302.02 of the Revised Code:
(1) A school district or building shall be declared
excellent if it meets at least sixteen of the applicable state
performance indicators.
(2)
A school district
or building shall be declared
effective
if it meets
thirteen through fifteen of
the
applicable
state performance
indicators.
(3) A school district
or building shall be declared to be
in
need of
continuous improvement if it meets more than
eight but
less than
thirteen of the
applicable state
performance
indicators.
(4) A school district
or building shall be declared to be
under an
academic watch if it meets more than
five but
not more
than
eight of the
applicable
state
performance
indicators.
(5) A school district
or building shall be declared to be
in
a state
of academic emergency if it does not meet more than
five
of the
applicable state performance
indicators.
(C)
If the state board establishes more than seventeen
performance
indicators under section 3302.02 of the Revised Code,
or if less
than seventeen performance indicators are applicable to
a school
building, the state board shall establish the number of
indicators
that must be met in order for a district or building to
be
designated as excellent, effective, needs continuous
improvement,
is under an academic watch, or is in a state of
academic
emergency. The number established for each such
category under
this division shall bear a similar relationship to
the total
number of indicators as the number of indicators
required for the
respective categories stated in division (B) of
this section bears
to seventeen.
(D)(1) The department shall issue annual report cards for
each school
district, each building within each district, and for
the state as a whole
reflecting performance on the
indicators
created by the state board under section 3302.02 of the
Revised
Code.
(2) The department shall include on the report card for each
district information pertaining to any change
from the previous
year made by the school district or school
buildings within the
district on any performance indicator.
(3) When reporting data on student performance, the
department shall disaggregate that data according to the following
categories:
(a) Performance of students by age group;
(b) Performance of students by race and ethnic group;
(c) Performance of students by gender;
(d) Performance of students grouped by those who have been
enrolled in a district or school for three or more years;
(e) Performance of students grouped by those who have been
enrolled in a district or school for more than one year and less
than three years;
(f) Performance of students grouped by those who have been
enrolled in a district or school for one year or less;
(g) Performance of students grouped by those who are
classified as vocational education students pursuant to guidelines
adopted by the department for purposes of this division;
(h) Performance of students grouped by those who are
economically disadvantaged, to the extent that such data is
available from the education management information system
established under section 3301.0714 of the Revised
Code;
(i)(h) Performance of students grouped by those who are enrolled
in a conversion community school established under Chapter 3314.
of the Revised Code.
The department may disaggregate data on student performance
according to other categories that the department determines are
appropriate.
In reporting data pursuant to division (D)(3) of this
section, the
department shall not include in the report cards any
data statistical in nature that is statistically unreliable or
that could result in the identification of individual students.
(4) The department may include with the report cards any
additional education and fiscal
performance data
it deems
valuable.
(5) The department shall include on each report card a list
of additional information collected by the department that is
available regarding the district or building for which the report
card is issued. When available, such additional information shall
include student mobility data disaggregated by race and
socioeconomic status, college enrollment data, and the reports
prepared under section 3302.031 of the Revised Code.
The department shall maintain a site on the world wide web.
The report card shall include the address of the site and shall
specify that such additional information is available to the
public at that site. The department shall also provide a copy of
each item on the list to the superintendent of each school
district. The district superintendent shall provide a copy of any
item on the list to anyone who requests it.
(6) For any district that sponsors a conversion community
school under Chapter 3314. of the Revised Code, the department
shall combine data regarding the academic performance of students
enrolled in the community school with comparable data from the
schools of the district for the purpose of calculating the
performance of the district as a whole on the report card issued
for the district.
(E) In calculating
reading, writing, mathematics, social
studies, or science proficiency
or achievement test
passage rates
used to determine school district performance under
this
section,
the department shall include all
students
taking a test with
accommodation
or to
whom an
alternate assessment is administered
pursuant to
division
(C)(1)
of section 3301.0711 of the
Revised
Code,
but shall
not include
any student excused from taking a test
pursuant to
division (C)(3)
of that section, whether or not
the
student chose
to take the
test
voluntarily in spite of the
exemption granted in
that division.
Sec. 3311.05. (A) The territory within the territorial limits of a county,
or the territory included in a district formed under either section 3311.053 or 3311.059 of the
Revised Code, exclusive of the territory embraced in any city school district
or exempted village school district, and excluding the territory detached
therefrom for school purposes and including the territory attached thereto for
school purposes constitutes an educational
service center.
(B) A county school financing district created under section 3311.50 of the
Revised Code is not the school district described in division (A) of this
section or any other school district but is a taxing district.
Sec. 3311.059. The procedure prescribed in this section may be used in lieu of a transfer prescribed under section 3311.231 of the Revised Code.
(A) Subject to divisions (B) and (C) of this section, a board of education of a local school district may by a resolution approved by a majority of all its members propose to sever that local school district from the territory of the educational service center in which the local school district is currently included and to instead annex the local school district to the territory of another educational service center, the current territory of which is adjacent to the territory of the educational service center in which the local school district is currently included. The resolution shall promptly be filed with the governing board of each educational service center affected by the resolution and with the superintendent of public instruction.
(B) The resolution adopted under division (A) of this section shall not be effective unless it is approved by both the governing board of the educational service center to which the board of education proposes to annex the local school district and the state board of education. The severance of the local school district from one educational service center and its annexation to another educational service center under this section shall not be effective until one year after the first day of July following the later of the date that the governing board of the educational service center to which the local school district is proposed to be annexed approves the resolution or the date the board of elections certifies the results of the referendum election as provided in division (C) of this section.
(C) Within sixty days following the date of the adoption of the
resolution under division (A) of this section,
the electors of the local school
district may petition for a referendum vote on the resolution.
The question whether to approve or disapprove the resolution shall be
submitted to the electors of such school district if a number of
qualified electors equal to twenty per cent of the number of
electors in the school district who voted for the office of
governor at the most recent general election for that office sign a petition
asking that the question of whether the resolution shall be disapproved be
submitted to the electors. The
petition shall be filed with the board of elections of the
county in which the school district is located. If the school district is
located in more than one
county, the petition shall be filed with the board of elections
of the county in which the majority of the territory of the
school district is located. The board shall
certify the validity and sufficiency of the signatures on the
petition.
The board of
elections shall immediately notify the board of education of the local school district and the governing board of each educational service center affected by the resolution that the petition has been filed.
The effect of the resolution shall be stayed until the
board of elections certifies the validity and sufficiency of the
signatures on the petition.
If the board of elections determines that the petition
does not contain a sufficient number of valid signatures and
sixty days have passed since the adoption of the resolution, the
resolution shall become effective as provided in division (B) of this section.
If the board of elections certifies that the petition
contains a sufficient number of valid signatures, the board
shall submit the question to the qualified electors of the school district on
the
day of the next general or primary election held at least
seventy-five days after the
board of elections certifies the validity and sufficiency of
signatures on the petition. The
election shall be conducted and canvassed and the results shall be certified
in the same manner as in regular elections for the election of members of a
board of education.
If a majority of the electors voting on the question disapprove the
resolution, the resolution shall not become effective. If a majority of the electors voting on the question approve the resolution, the resolution shall become effective as provided in division (B) of this section.
(D) Upon the effective date of the severance of the local school district from one educational service center and its annexation to another educational service center as provided in division (B) of this section, the governing board of each educational service center shall take such steps for the election of members of the governing board and for organization of the governing board as prescribed in Chapter 3313. of the Revised Code.
Sec. 3311.24. (A) Except as provided in division (B) of
this section, if the board of education of a city, exempted
village, or local school district
deems it advisable to
transfer territory from such district to an adjoining city,
exempted village, or local school district,
or if a petition, signed by seventy-five per cent of the
qualified electors residing within that portion of a city,
exempted village, or local school district proposed to be
transferred
voting at the last general election, requests such a transfer,
the board of education of the district in which such proposal
originates shall file such proposal, together with a map showing
the boundaries of the territory proposed to be transferred, with
the state board of education prior to the first day of April in
any even-numbered year. The state board of education may, if it
is advisable, provide for a hearing in any suitable place in any
of the school districts affected by such proposed transfer of
territory. The state board of education or its representatives
shall preside at any such hearing.
A board of education of a city, exempted village, or local school district that receives a petition of transfer under this division shall cause the board of elections to check the sufficiency of signatures on the petition.
Not later than the first day of September the state board
of education shall either approve or disapprove a proposed
transfer of territory filed with it as provided by this section
and shall notify, in writing, the boards of education of the
districts affected by such proposed transfer of territory of its
decision.
If the decision of the state board of education is an
approval of the proposed transfer of territory then the board of
education of the district in which the territory is located
shall, within thirty days after receiving the state board of
education's decision, adopt a resolution transferring the
territory and shall forthwith submit a copy of such resolution to
the treasurer of the board of education of the city, exempted
village, or local school district to
which the territory is
transferred. Such transfer shall not be complete however, until:
(1) A resolution accepting the transfer has been passed by
a majority vote of the full membership of the board of education
of the city, exempted village, or local school
district to which
the territory is transferred;
(2) An equitable division of the funds and indebtedness
between the districts involved has been
made
by the board of
education making the transfer;
(3) A map showing the boundaries of the territory
transferred has been filed, by the board of education accepting
the transfer, with the county auditor of each county affected by
the transfer.
When such transfer is complete the legal title of the
school property in the territory transferred shall be vested in
the board of education or governing board of the school district to which the
territory is transferred.
(B) Whenever the transfer of territory pursuant to this
section is initiated by a board of education, the board shall,
before filing a proposal for transfer with the state board of
education under this section, make a good faith effort to
negotiate the terms of transfer with any other school district
whose territory would be affected by the transfer. Before the
state board may hold a hearing on the transfer, or approve or
disapprove any such transfer, it must receive the following:
(1) A resolution requesting approval of the transfer,
passed by the school district submitting the proposal;
(2) Evidence determined to be sufficient by the state
board to show that good faith negotiations have taken place or
that the district requesting the transfer has made a good faith
effort to hold such negotiations;
(3) If any negotiations took place, a statement signed by
all boards that participated in the negotiations,
listing
the
terms agreed on and the points on which no agreement could be
reached.
Negotiations held pursuant to this section shall be
governed by the rules adopted by the state board under division
(D) of section 3311.06 of the Revised Code. Districts involved
in a transfer under division (B) of this section may agree to
share revenues from the property included in the territory to be
transferred, establish cooperative programs between the
participating districts, and establish mechanisms for the
settlement of any future boundary disputes.
Sec. 3311.26. A governing board of an
educational service center The state board of education may, by
resolution adopted by majority vote of its full membership,
propose the creation of a new local school district from one or
more local school districts or parts thereof, including the
creation of a local district with noncontiguous territory from
one or more local school districts if one of those districts has
entered into an agreement under section 3313.42 of the Revised
Code. Such proposal shall include an accurate map showing the
territory affected. After the adoption of the resolution, the
governing state board shall file a copy of such proposal with the
board of
education of each school district whose boundaries would be
altered by such proposal.
A governing board of a service center proposing Upon
the creation of a new
district under this section, the state board shall at its next regular meeting
that occurs not earlier than thirty days after the adoption by
the governing state board of the resolution proposing such creation,
adopt
a resolution making the creation effective prior to the next
succeeding first day of July, unless, prior to the expiration of
such thirty-day period, qualified electors residing in the area
included in such proposed new district, equal in number to
thirty-five per cent of the qualified electors voting at the last
general election, file a petition of referendum against the
creation of the proposed new district.
A petition of referendum filed under this section shall be
filed at the office of the educational service center state
superintendent of public instruction. The
person presenting the petition shall be given a receipt
containing thereon the time of day, the date, and the purpose of
the petition.
If a petition of referendum is filed, the governing state board shall, at the next
regular meeting of the
governing state board,
certify the proposal to the board of elections for the purpose of
having the proposal placed on the ballot at the next general or
primary election which occurs not less than seventy-five days
after the date of such certification, or at a special election,
the date of which shall be specified in the certification, which
date shall not be less than seventy-five days after the date of
such certification.
Upon certification of a proposal to the board or boards of
elections pursuant to this section, the board or boards of
elections shall make the necessary arrangements for the
submission of such question to the electors of the county or
counties qualified to vote thereon, and the election shall be
conducted and canvassed and the results shall be certified in the
same manner as in regular elections for the election of members
of a board of education.
The persons qualified to vote upon a proposal are the
electors residing in the proposed new districts.
If the proposed district be approved by at least a majority
of the electors voting on the proposal, the governing state board
shall
then create such new district prior to the next succeeding first
day of July, and shall so notify the state board of education.
Upon the creation of such district, the indebtedness of
each former district becoming in its entirety a part of the new
district shall be assumed in full by the new district. Upon the
creation of such district, that part of the net indebtedness of
each former district becoming only in part a part of the new
district shall be assumed by the new district which bears the
same ratio to the entire net indebtedness of the former district
as the assessed valuation of the part taken by the new district
bears to the entire assessed valuation of the former district as
fixed on the effective date of transfer. As used in this
section, "net indebtedness" means the difference between the par
value of the outstanding and unpaid bonds and notes of the school
district and the amount held in the sinking fund and other
indebtedness retirement funds for their redemption. Upon the
creation of such district, the funds of each former district
becoming in its entirety a part of the new district shall be paid
over in full to the new district. Upon the creation of such
district, the funds of each former district becoming only in part
a part of the new district shall be divided equitably by the
governing state board between the new district and that part of the
former
district not included in the new district as such funds existed
on the effective date of the creation of the new district.
The governing state board shall, following the
election, file with the county auditor of each county affected by
the creation of a new district an accurate map showing the
boundaries of such newly created district.
When a new local school district is so created within an educational service
center, a board of education
for such newly
created district shall be appointed by the educational service center
governing state board. The members of such appointed board of education
shall hold their office until their successors are elected and
qualified. A board of education shall be elected for such newly
created district at the next general election held in an odd
numbered year occurring more than thirty days after the
appointment of the board of education of such newly created
district. At such election two members shall be elected for a
term of two years and three members shall be elected for a term
of four years, and, thereafter, their successors shall be elected
in the same manner and for the same terms as members of the board
of education of a local school district.
When the new district consists of territory lying in two or more counties, the state board shall determine to which educational service center the new district shall be assigned.
The legal title of all property of the board of education
in the territory taken shall become vested in the board of
education of the newly created school district.
Foundation program moneys accruing to a district created
under the provisions of this section or previous section 3311.26
of the Revised Code, shall not be less, in any year during the
next succeeding three years following the creation, than the sum
of the amounts received by the districts separately in the year
in which the creation of the district became effective.
If, prior to the effective date of this amendment, a local school district board of education or a group of individuals requests the governing board of an educational service center to consider proposing the creation of a new local school district, the governing board, at any time during the one-year period following the date that request is made, may adopt a resolution proposing the creation of a new local school district in response to that request and in accordance with the first paragraph of the version of this section in effect prior to the effective date of this amendment. If the governing board so proposes within that one-year period, the governing board may proceed to create the new local school district as it proposed, in accordance with the version of this section in effect prior to the effective date of this amendment, subject to the provisions of that version authorizing a petition and referendum on the matter.
Consolidations of school districts which include all of the
schools of a county and which become effective on or after July
1, 1959, shall be governed and included under this section.
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, except for funds specified for demolition of a facility to clear a site for construction of a replacement facility included in the district's project.
Sec. 3313.843. (A) Notwithstanding division (D) of section
3311.52 of the Revised Code, this section does not apply to
either of the following:
(1) Any cooperative education school district;
(2) Any city or exempted village school district with
a total student count of thirteen
thousand or more determined pursuant to section 3317.03 of the Revised
Code
that has not entered into one or more agreements pursuant to this
section prior to July 1, 1993, unless the district's total student count
did not exceed thirteen thousand at
the time it entered into an
initial agreement under this section.
(B) The board of education of a city or exempted village school
district and the governing board of an educational service center
with territory in a county in which the city or exempted village
school district also has territory may enter into an agreement,
through adoption of identical resolutions, under which the
educational service center governing
board will provide services to the city or exempted village
school district.
Services provided under the agreement shall be specified in
the agreement, and may include any one or a combination of the
following: supervisory teachers; in-service and continuing
education programs for city or exempted village school district
personnel; curriculum services as provided to the local school
districts under the supervision of the service center governing
board; research and
development programs; academic instruction for which the
governing
board employs teachers pursuant to section 3319.02 of the Revised
Code; and assistance in the provision of special accommodations
and classes for handicapped students. Services included in the
agreement shall be provided to the city or exempted village
district in the same manner they are provided to local school
districts under the governing board's supervision, unless
otherwise
specified in the agreement. The city or exempted village board
of education shall reimburse the educational service center
governing board
pursuant to section 3317.11 of the Revised Code.
(C)(1) If an educational service center received funding under
division
(B) of former section 3317.11 or division (F) of section 3317.11 of the Revised Code for an agreement under this section
involving a city school district whose
total student count was less than
thirteen thousand, the service center may continue to receive funding under
that division for such an agreement in any subsequent year if the city
district's total student count exceeds
thirteen thousand. However, only
the first thirteen thousand pupils in the
formula ADM of such
district shall be included in determining the amount of the per pupil subsidy
the service center shall receive under division (B)(F) of section
3317.11 of the Revised Code.
(2) If, prior to the effective date of this amendment
July 1, 1998, an educational service center received
funding under division (B) of former
section 3317.11 of the Revised Code for a period of at least three years, for
a good faith
agreement under this section involving a city school district with no
territory in the county in which the educational service center has territory,
that educational service center and that city school district may enter into
an agreement under this section, and the service center shall receive funding
under division (B)(F) of section 3317.11 of the Revised Code for any such
agreement,
notwithstanding the territorial boundaries of the service center and the city
school district.
(D) Any agreement entered into pursuant to this section shall
be valid only if a copy is filed with the department of education
by the first day of the school year for which the agreement is in
effect.
Sec. 3313.976. (A) No private school may
receive scholarship payments from parents pursuant to section
3313.979 of the Revised Code until the chief
administrator of the private school registers the school with the
superintendent of public instruction. The state superintendent shall register
any school that meets the following requirements:
(1) The school is located within the boundaries of the
pilot project school district;
(2) The school indicates in writing its commitment to
follow all requirements for a state-sponsored scholarship program
specified
under
sections 3313.974 to 3313.979 of the Revised
Code, including, but not limited to, the requirements
for
admitting students pursuant to section 3313.977 of the Revised
Code;
(3) The school meets all state minimum standards for
chartered nonpublic schools in effect on July 1, 1992,
except that the state superintendent at the superintendent's discretion may
register
nonchartered
nonpublic schools
meeting the other requirements of this division;
(4) The school does not discriminate on the basis of
race, religion, or ethnic background;
(5) The school enrolls a minimum of ten students per
class or a sum of at least twenty-five students in all the
classes offered;
(6) The school does not advocate or foster unlawful
behavior or teach hatred of any person or group on the basis of
race, ethnicity, national origin, or religion;
(7) The school does not provide false or misleading
information about the school to parents, students, or the general
public;
(8) The school agrees not to charge any tuition to
low-income families participating in receiving ninety per cent of the scholarship amount through the scholarship program, pursuant to division (A) of section 3313.978 of the Revised Code, in
excess of ten per
cent of the scholarship amount established pursuant to division
(C)(1) of section 3313.978 of the Revised
Code, excluding any increase described in division
(C)(2) of that section. The
school shall permit any such tuition, at the discretion of the
parent, to be satisfied by the low-income family's provision of
in-kind contributions or services.
(9) The school agrees not to charge any tuition to low-income families receiving a seventy-five per cent scholarship amount through the scholarship program, pursuant to division (A) of section 3313.978 of the Revised Code, in excess of the difference between the actual tuition charge of the school and seventy-five per cent of the scholarship amount established pursuant to division (C)(1) of section 3313.978 of the Revised Code, excluding any increase described in division (C)(2) of that section. The school shall permit such tuition, at the discretion of the parent, to be satisfied by the low-income family's provision of in-kind contributions or services.
(B) The state superintendent shall revoke
the registration of any school if, after a hearing, the superintendent
determines
that the school is in violation of any of the provisions of
division (A) of this section.
(C) Any public school located in a school district
adjacent to
the pilot project district may receive scholarship payments on
behalf of parents pursuant to
section 3313.979 of the Revised Code if the
superintendent of the district in which such public school is
located notifies the state superintendent prior to the first day of
March that the district
intends to admit students from the pilot project district
for the ensuing school year pursuant to section 3327.06 of the
Revised
Code.
(D) Any parent wishing to purchase tutorial
assistance from any person or governmental entity pursuant to the
pilot project program under sections 3313.974 to
3313.979 of the Revised Code shall apply to the
state superintendent. The state superintendent shall approve
providers who appear to possess the capability of furnishing the
instructional services they are offering to provide.
Sec. 3313.978. (A) Annually by the first day of
November,
the superintendent of public instruction shall notify the
pilot
project school district of the number of initial
scholarships that
the state superintendent will be awarding in
each of grades
kindergarten through third.
The state superintendent shall provide information about the
scholarship program
to all students residing in the district,
shall accept
applications from any
such students until such date
as shall be established by the
state superintendent as a
deadline
for applications, and shall establish criteria for the selection
of
students to receive
scholarships from among all those applying
prior to the
deadline, which criteria shall give preference to
students from
low-income families. For each student selected, the
state superintendent
shall also determine whether the student
qualifies for seventy-five or ninety
per cent of the scholarship
amount. Students whose family income is at or
above two hundred
per cent of the maximum income level established by the
state
superintendent for low-income families shall qualify for
seventy-five
per cent of
the scholarship amount and students whose
family income is below two hundred
per cent of that maximum income
level shall qualify for ninety per cent of the
scholarship amount.
The state superintendent shall notify
students of their selection
prior to the fifteenth day of January and
whether they qualify for
seventy-five or ninety per cent of the scholarship
amount.
(1) A student receiving a pilot project scholarship may
utilize it at an alternative
public school by notifying the
district superintendent, at any time before the beginning of the
school year,
of the name of the public school in an adjacent
school district
to which the student has been
accepted pursuant to
section 3327.06 of the Revised
Code.
(2) A student may decide to utilize a pilot project
scholarship at
a registered private school in the district if all
of the
following conditions are met:
(a) By the fifteenth day of February of the
preceding school
year, or at any time prior to the start of the
school year, the
parent makes an application on behalf of the
student to a
registered private school.
(b) The registered private school notifies the
parent and
the state superintendent as follows that the
student has been
admitted:
(i) By the fifteenth day of March of
the preceding school
year if the student filed an application by the
fifteenth day of
February and was admitted by the school
pursuant to division (A)
of section 3313.977 of the
Revised Code;
(ii) Within one week of the decision to admit
the student if
the student is admitted pursuant to division
(C) of section
3313.977 of the
Revised Code.
(c) The student actually enrolls in the
registered private
school to which the student was first admitted or in
another
registered private school in the district or in a public school
in
an adjacent school district.
(B) The state superintendent shall also award in
any school
year tutorial assistance grants to a number of
students
equal to
the number of students who receive scholarships under
division (A)
of this section. Tutorial assistance
grants shall be awarded
solely to students who are enrolled
in the public schools of the
district in a grade level covered by
the
pilot project. Tutorial
assistance
grants may be used solely to obtain
tutorial assistance
from a provider approved pursuant to division
(D) of section
3313.976 of the Revised
Code.
All students wishing to obtain tutorial assistance grants
shall make application to the state superintendent by the
first
day of
the school year in which the
assistance will be used. The
state superintendent shall
award assistance grants in accordance
with criteria the superintendent shall
establish. For each
student awarded a grant, the state superintendent shall
also
determine whether the student qualifies for seventy-five
or ninety
per cent of the grant amount and so notify the student. Students
whose family income is at or above two hundred per cent of the
maximum income
level established by the state superintendent for
low-income families shall
qualify for
seventy-five per cent of the
grant amount and students whose family income is
below two hundred
per cent of that maximum income level shall qualify for
ninety per
cent of the grant amount.
(C)(1) In the case of basic scholarships, the
scholarship
amount shall not exceed the lesser of the tuition
charges of the
alternative school the scholarship recipient
attends or an amount
established by the state superintendent not in excess
of
twenty-five hundred three thousand dollars.
(2) The state superintendent shall provide for an increase
in the basic
scholarship amount in the case of any student who is
a
mainstreamed handicapped student and shall further increase such
amount in the case of any separately educated handicapped child.
Such increases shall take into account the instruction, related
services, and transportation costs of educating such students.
(3) In the case of tutorial
assistance grants, the grant
amount shall not exceed the
lesser of the provider's actual
charges for such assistance or a
percentage established by the
state superintendent, not to exceed twenty
per cent, of the amount
of the pilot project school district's
average basic scholarship
amount.
(4) No scholarship or tutorial assistance grant shall be
awarded unless the state superintendent determines that
twenty-five or ten per cent, as applicable, of the amount
specified for such
scholarship or grant pursuant to division
(C)(1), (2), or (3) of this
section will be furnished by a
political subdivision, a private
nonprofit or for profit entity,
or another person. Only
seventy-five or ninety per cent of such
amounts, as applicable, shall be paid
from state funds pursuant to
section 3313.979 of the Revised
Code.
(D)(1) Annually by the first day of
November, the state
superintendent shall estimate the maximum
per-pupil
scholarship
amounts for the ensuing school year. The state
superintendent
shall make this estimate available to the
general
public at the
offices of the district board of education together
with the
forms
required by division (D)(2) of this section.
(2) Annually by the fifteenth day of
January, the chief
administrator of each registered
private school located in the
pilot project district and the
principal of each public school in
such
district shall complete a parental information form and
forward
it to the president of the board of education. The
parental
information form shall be prescribed by the department of
education and shall provide information about the grade levels
offered, the numbers of students, tuition amounts,
achievement
test results, and any sectarian or other
organizational
affiliations.
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 ten per cent 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 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 certified under
section 3317.03 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 that student is counted in the district's formula ADM certified under
section 3317.03 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 primarily from their residences on
assignments provided via an internet- or other computer-based
instructional method that does not rely on regular classroom
instruction.
(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.
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 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.
(G) A new start-up school that is established prior to the effective date of this amendment in an urban school district that is not also a big-eight school district may continue to operate after the effective date of this amendment and the contract between the school's governing authority and the school's sponsor may be renewed, as provided under this chapter, after the effective date of this amendment, but no additional new start-up schools may be established in such a district unless the district is a challenged school district as defined in this section as it exists on and after the effective date of this amendment.
Sec. 3314.033. (A) Not later than ninety days after the effective date of this section, the state board of education shall adopt rules in accordance with Chapter 119. of the Revised Code establishing standards governing the operation of internet- or computer-based community schools, as defined in section 3314.02 of the Revised Code, and other educational courses delivered primarily via electronic media.
(B) Each internet- or computer-based community school in operation on or after the effective date of this section shall comply with the standards adopted by the state board under division (A) of this section regardless of whether the school's contract with its sponsor contains a stipulation requiring such compliance.
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. 3314.08. (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.
(10) "SF-3 payment" means the sum of the payments to a school district in a fiscal year under divisions (A), (C)(1), (C)(4), (D), (E), and (F) of section 3317.022, divisions (J), (P), and (R) of section 3317.024, and sections 3317.029, 3317.0212, 3317.0213, 3317.0216, 3317.0217, 3317.04, 3317.05, 3317.052, and 3317.053 of the Revised Code after making the adjustments required by sections 3313.981 and 3313.979, divisions (B), (C), (D), (E), (K), (L), and (M) of section 3317.023, and division (C) of section 3317.20 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 Ten per cent 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 SF-3 payment made to a city, exempted village, or
local
school district under Chapter 3317. of the Revised Code and,
if necessary, from the payment made to the district under
sections 321.14 321.24 and 323.156 of the Revised Code, the
department of education
shall annually subtract all the sum of the
following: amounts described in divisions (C)(1) to (5) of this section. However, the aggregate amount deducted under this division shall not exceed the sum of the district's SF-3 payment and its payment under sections 321.24 and 323.156 of the Revised Code.
(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 the sum of the following: amounts described in divisions (D)(1) to (6) of this section. However, the sum of the payments to all community schools under divisions (D)(1), (2), (4), (5), and (6) of this section for the students entitled to attend school in any particular school district shall not exceed the sum of that district's SF-3 payment and its payment under sections 321.24 and 323.156 of the Revised Code. If the sum of the payments calculated under those divisions for the students entitled to attend school in a particular school district exceeds the sum of that district's SF-3 payment and its payment under sections 321.24 and 323.156 of the Revised Code, the department shall calculate and apply a proration factor to the payments to all community schools under those divisions for the students entitled to attend school in that district.
(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. 3314.17. (A) Each community school established under
this chapter shall participate in the statewide education
management information system established under section 3301.0714
of the Revised Code. All provisions of that section and the
rules
adopted under that section apply to each community
school as if it
were a school district, except as modified for
community schools
under division (B) of this section.
(B) The rules adopted by the state board of education
under
section 3301.0714 of the Revised Code may distinguish
methods and
timelines for community schools to annually report
data, which
methods and timelines differ from those prescribed for
school
districts. Any methods and timelines prescribed for
community
schools shall be appropriate to the academic schedule
and
financing of community schools. The guidelines, however,
shall
not modify the actual data required to be reported under
that
section.
(C) Each fiscal officer appointed under section 3314.011
of
the Revised Code is responsible for annually reporting the
community school's data under section 3301.0714 of the Revised
Code. If the superintendent of public instruction determines that
a community school fiscal officer has willfully failed to
report
data or has willfully reported erroneous, inaccurate, or
incomplete data in any year, or has negligently reported
erroneous, inaccurate, or incomplete data in the current and any
previous year, the superintendent may impose a civil penalty of
one hundred dollars on the fiscal officer after providing the
officer with notice and an opportunity for a hearing in accordance
with Chapter 119. of the Revised Code. The superintendent's
authority to impose civil penalties under this division does not
preclude the state board of education from suspending or revoking
the license of a community school employee under division (N) of
section 3301.0714 of the Revised Code.
(D) No community school shall acquire, change, or update its student administration software package to manage and report data required to be reported to the department unless it converts to a student software package that is certified by the department.
Sec. 3316.031. (A) The state superintendent of public
instruction, in
consultation with the auditor of state, shall
develop guidelines for
identifying fiscal practices and budgetary
conditions that, if uncorrected,
could result
in a future
declaration of a fiscal watch or fiscal emergency within a
school
district.
The guidelines shall not include a requirement that a school district submit financial statements according to generally accepted accounting principles.
(B)(1) If the state superintendent determines from a school
district's
five-year forecast submitted under section 5705.391 of
the Revised
Code that a district is engaging in any of those
practices or that
any of those conditions exist within the
district,
after consulting with the district board of education
concerning the practices
or conditions, the state superintendent
may declare the district to be under a
fiscal caution.
(2) If
the auditor of state finds that a district is
engaging in any of
those practices or that any of those conditions
exist within the
district, the auditor of state shall report that
finding to the
state superintendent and,
after consulting with the
district board
of education concerning the practices or
conditions,
the state superintendent may declare the
district to
be under a fiscal caution.
(3) Unless the auditor of state has elected to declare a
state of
fiscal watch under division (A)(4) of section 3316.03 of
the
Revised Code, the state
superintendent shall declare a school
district to be under a fiscal caution if
the conditions
described
in divisions (A)(4)(a) and (b)
of that section are both
satisfied
with respect to the school district.
(C) When the state superintendent declares a district to be
under
fiscal
caution, the state superintendent shall promptly
notify the district board
of education of that declaration and
shall request the board to provide
written proposals for
discontinuing or correcting the fiscal
practices or budgetary
conditions that prompted the declaration
and for preventing the
district from experiencing further fiscal difficulties
that could
result in the district being declared to be in a state
of fiscal
watch or fiscal emergency.
(D) The state superintendent, or a designee, may
visit and
inspect any district that is declared to be under a fiscal
caution.
The department of education shall provide technical
assistance to the district
board in implementing proposals to
eliminate the practices or budgetary
conditions that prompted the
declaration of fiscal caution and may make
recommendations
concerning the board's proposals.
(E) If the state superintendent finds that a school district
declared
to be under a fiscal caution has not made reasonable
proposals or otherwise
taken action to discontinue
or correct
the
fiscal practices or budgetary conditions that prompted the
declaration of
fiscal caution, and if the state
superintendent
considers it necessary to prevent further fiscal decline, the
state superintendent may
determine that the district
should be in
a state of fiscal watch. As provided in division (A)(3)
of
section 3316.03 of the Revised Code, the auditor of state shall
declare the
district to be in a state of fiscal watch if the
auditor of state finds the
superintendent's determination to be
reasonable.
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 commission shall adopt a
resolution to submit a ballot question proposing the levy of a
tax requesting that the board of education work with the county auditor or tax commissioner to estimate the amount and rate of a tax levy that is needed under section 5705.194 or 5705.21 or
Chapter 5748. of the Revised Code to produce a positive fund balance not later than the fifth year of the five-year forecast submitted under section 5705.391 of the Revised Code. Except
The board of education shall recommend to the commission whether the board supports or opposes a tax levy under section 5705.194 or 5705.21 or Chapter 5748. of the Revised Code and shall provide supporting documentation to the commission of its recommendation.
After considering the board of education's recommendation and supporting documentation, the commission shall adopt a resolution to either submit a ballot question proposing a tax levy or not to submit such a question.
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 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 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, as determined by the financial planning and supervision
commission. 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, in consultation with the board of education, shall determine the election at which the question of
the tax shall appear on the ballot, and the board of education
or commission shall submit a copy of its resolution to the board of elections
not later than seventy-five days prior to the day of that election. The board
of elections conducting the
election shall certify the results of the election to the board
of education and to the financial planning and supervision
commission.
Sec. 3317.012. (A)(1) The general assembly,
having analyzed
school district expenditure and cost data for fiscal year
1999,
performed the calculation described in division
(B) of this
section,
adjusted the results for inflation,
and added the
amounts described in division (A)(2) of this section, hereby
determines that the
base cost of an adequate education per pupil
for the fiscal year beginning
July 1,
2001, is
$4,814.
For
the
five 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 2004, the multiples specified in divisions (A)
to (F) of this section shall be adjusted by multiplying them by
0.825 0.88. In fiscal year 2003 2005, the multiples specified in those
divisions shall be adjusted by multiplying them by 0.875 0.90.
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. 3317.014. The average vocational education additional
cost per pupil can be expressed as a multiple of the base cost per
pupil calculated under section 3317.012 of the Revised Code. the
multiples for the following categories of vocational education
programs
are as follows:
(A) A multiple of
0.57 for students enrolled in
vocational
education job-training and workforce development
programs approved
by the
department of education in accordance
with rules
adopted
under section 3313.90 of the Revised Code.
(B) A multiple of
0.28 for students enrolled in
vocational
education classes other than job-training and workforce
development
programs.
Vocational education associated services costs can be
expressed as
a multiple of 0.05 of the base cost per pupil
calculated under section
3317.012 of the Revised Code.
The general assembly has adjusted the multiples specified in
this section for calculating payments beginning in fiscal year
2002 in recognition that its policy change regarding the
application of the cost-of-doing-business factor produces a higher
base cost amount than would exist if no change were made to its
application. The adjustment maintains the same weighted costs as
would exist if no change were made to the application of the
cost-of-doing-business factor.
The department of education shall annually report to the governor and the general assembly the amount of weighted funding for vocational education and associated services that is spent by each city, local, exempted village, and joint vocational school district specifically for vocational educational and associated services.
Sec. 3317.022. (A)(1) The department of education shall
compute
and distribute state base cost funding to
each school
district for the fiscal year in accordance with the
following
formula,
making any adjustment required by
division (A)(2) of
this section and
using
the
information obtained
under section
3317.021 of the Revised
Code in
the calendar year in
which the
fiscal year begins.
Compute the following for each eligible district:
[(cost-of-doing-business factor Xthe formula amount X (the greater of formula ADMor three-year average formula ADM)] -(.023 X
recognized valuation)
If the difference obtained is a negative number, the
district's computation shall be zero.
(2)(a) For each school district for which the tax exempt
value of the district equals or exceeds twenty-five per cent of
the potential value of the district, the department of education
shall calculate the difference between the district's tax exempt
value and twenty-five per cent of the district's potential value.
(b) For each school district to which division
(A)(2)(a) of
this section applies, the
department
shall adjust the recognized
valuation used in
the
calculation
under
division (A)(1) of this
section
by subtracting
from it the amount
calculated under
division (A)(2)(a) of this section.
(B) As used in this section:
(1) The "total special education weight" for a district
means the sum of the following amounts:
(a) The district's category one special education ADM
multiplied by the
multiple specified
in division
(A) of
section
3317.013 of the Revised Code;
(b) The
district's category two
special education
ADM
multiplied by the
multiple
specified
in division
(B) of section
3317.013 of the Revised
Code;
(c) The district's category three special education ADM
multiplied by the multiple specified in division (C) of section
3317.013 of the Revised Code;
(d) The district's category four special education ADM
multiplied by the multiple specified in division (D) of section
3317.013 of the Revised Code;
(e) The district's category five special education ADM
multiplied by the multiple specified in division (E) of section
3317.013 of the Revised Code;
(f) The district's category six special education ADM
multiplied by the multiple specified in division (F) of section
3317.013 of the Revised Code.
(2) "State share percentage" means the percentage calculated
for a
district as follows:
(a) Calculate the state base cost funding amount for
the
district for
the fiscal year under division (A) of this section.
If
the district would not receive any state base cost
funding for
that year
under that division, the district's state share
percentage is zero.
(b) If the district would receive state base cost
funding
under that
division, divide that amount by an amount equal to the
following:
Cost-of-doing-business factor Xthe formula amount X (the greater of formulaADM or three-year average formula ADM)The resultant number is the district's state share
percentage.
(3)
"Related services" includes:
(a) Child study, special education supervisors and
coordinators, speech and hearing services, adaptive physical
development services, occupational or physical therapy,
teacher
assistants for handicapped children whose
handicaps are described
in division
(B) of section 3317.013 or division (F)(3) of section
3317.02 of the Revised Code, behavioral intervention,
interpreter
services, work study, nursing services, and
specialized
integrative services as those terms are defined by the department;
(b) Speech and language services provided to any
student
with a handicap, including any student whose primary or
only
handicap is a speech and language handicap;
(c) Any related service not specifically covered
by other
state funds but specified in federal law, including but
not
limited to, audiology and school psychological services;
(d) Any service included in units funded under
former
division (O)(1) of
section 3317.023 of the Revised Code;
(e) Any other related service needed by
handicapped children
in accordance with their individualized
education plans.
(4) The "total vocational education weight" for a district
means
the sum of the following amounts:
(a) The district's category one vocational education ADM
multiplied by the multiple specified in division (A) of section
3317.014 of the Revised Code;
(b) The district's category two vocational education ADM
multiplied by the multiple specified in division (B) of section
3317.014 of the Revised Code.
(C)(1) The department shall compute and distribute state
special education and related services additional weighted costs
funds
to each school district in accordance with the following
formula:
The district's state share percentageX the formula amount for the yearfor which the aid is calculatedX the district's total special education weight(2)
The
attributed local share of special education and
related services additional
weighted costs equals:
(1 - the district's state share percentage) Xthe district's total special education weight Xthe formula amount
(3)(a) The department shall compute and
pay in accordance
with
this division additional state aid to
school districts for
students in
categories two through six special
education ADM. If
a district's
costs for the fiscal year for a
student in its
categories two through six
special
education ADM
exceed the
threshold catastrophic cost for serving the student,
the
district
may submit to
the superintendent of public
instruction
documentation, as
prescribed by the superintendent, of
all its
costs for that
student. Upon submission of documentation
for a
student of the
type and in the manner prescribed, the
department
shall pay to
the district an amount equal to the
sum of the
following:
(i) One-half of the district's costs for the student in
excess of the threshold catastrophic cost;
(ii) The product of one-half of the
district's costs for the
student in excess of
the threshold catastrophic cost multiplied
by
the district's state share percentage.
(b) For purposes of division (C)(3)(a) of this section, the
threshold catastrophic cost for serving a student equals:
(i) For a student in the school district's category two,
three, four, or five special education ADM, twenty-five thousand
dollars in fiscal year 2002 and twenty-five thousand seven hundred
dollars in fiscal year years 2003, 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. Vocational educational expenses approved by the department shall include only expenses connected to the delivery of career-technical programming to career-technical students. The department shall require the school district to report data annually so that the department may monitor the district's compliance with the requirements regarding the manner in which funding received under division (E)(1) of this section may be spent.
(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 ten per cent 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. 3317.0217. The department of education shall annually compute and pay state parity aid to school districts, as follows:
(A) Calculate the local wealth per pupil of each school
district, which equals the following sum:
(1) Two-thirds times the quotient of (a) the district's
recognized valuation divided by (b) its formula ADM; plus
(2) One-third times the quotient of (a) the average of the
total federal adjusted gross income of the school district's
residents for the three years most recently reported under section
3317.021 of the Revised Code divided by (b) its formula ADM.
(B) Rank all school districts in order of local wealth per
pupil, from the district with the lowest local wealth per pupil to
the district with the highest local wealth per pupil.
(C) Compute the per pupil state parity aid funding for each
school
district in accordance with the following formula:
Payment percentage X (threshold local wealthper pupil - the
district's localwealth per pupil) X 0.0095(1) "Payment percentage," for purposes of division (C) of
this section, equals 20% in
fiscal year 2002, 40%
in fiscal year
2003, 60% in fiscal year 2004, 80% in fiscal year
2005, and 100%
after
fiscal year 2005.
(2) Nine and one-half mills (0.0095) is the general
assembly's
determination of the average number of effective
operating mills
that districts in the seventieth to ninetieth
percentiles of
valuations per pupil collected in fiscal year 2001
above the
revenues required to finance their attributed local
shares of the
calculated cost of an adequate education. This was
determined by
(a) adding the district revenues from operating
property tax
levies and income tax levies, (b) subtracting from
that total the
sum of (i) twenty-three mills times adjusted
recognized valuation
plus (ii) the attributed local shares of
special education,
transportation, and vocational education
funding as described in
divisions (F)(1) to (3) of section
3317.022 of the Revised Code,
and (c) converting the result to an
effective operating property
tax rate.
(3) The "threshold local wealth per pupil" is the local
wealth per pupil of the school district with the
four-hundred-ninetieth lowest local wealth per pupil.
If the result of the calculation for a school district under
division (C) of this section is less than zero, the district's per
pupil parity aid shall be zero.
(D) Compute the per pupil alternative parity aid for each
school district that has a combination of an income factor of 1.0
or less, a DPIA index of 1.0 or greater, and a
cost-of-doing-business factor of 1.0375 or greater, in accordance
with the following formula:
Payment percentage X $60,000 X
(1 - income factor) X 4/15 X 0.023(1) "DPIA index" has the same meaning as in section 3317.029
of the Revised Code.
(2) "Payment percentage," for purposes of division (D) of
this section, equals 50% in fiscal year 2002 and 100% after fiscal
year 2002.
(E) Pay each district that has a combination of an income
factor 1.0 or less, a DPIA index of 1.0 or greater, and a
cost-of-doing-business factor of 1.0375 or greater, the greater of
the following:
(1) The product of the district's per pupil parity aid
calculated under division (C) of this section times its formula
ADM;
(2) The product of its per pupil alternative parity aid
calculated under division (D) of this section times its formula
ADM.
(F) Pay every other district the product of its per pupil
parity aid calculated under division (C) of this section times its
formula ADM.
Every six years, the general assembly shall redetermine,
after considering the report of the committee appointed under
section 3317.012 of the Revised Code, the average number of
effective operating mills that districts in the seventieth to
ninetieth percentiles of valuations per pupil collect above the
revenues required to finance their attributed local shares of the
cost of an adequate education.
Sec. 3317.03. Notwithstanding divisions
(A)(1), (B)(1), and
(C) of this section, any
student enrolled in kindergarten more
than half time shall be reported as
one-half student under this
section.
(A) The superintendent of each city and exempted
village
school district and of each educational service center shall,
for
the schools under the superintendent's supervision,
certify to the
state board of
education on or before the fifteenth day of October
in each year for
the first full school week in October the formula
ADM,
which shall consist of the average daily membership during
such week of the
sum of the following:
(1) On an FTE basis, the number of
students in grades
kindergarten through twelve receiving any educational
services
from the district,
except that the following categories of
students shall not be
included in the determination:
(a) Students enrolled in adult education classes;
(b) Adjacent or other district students enrolled in the
district under an open enrollment policy pursuant to section
3313.98 of the Revised Code;
(c) Students receiving services in the district pursuant to
a compact,
cooperative education agreement, or a contract, but who
are entitled to attend
school in another district pursuant to
section 3313.64 or 3313.65 of the
Revised Code;
(d) Students for whom tuition is
payable pursuant to
sections 3317.081 and 3323.141 of the
Revised Code.
(2) On an FTE basis, the number of
students entitled to
attend school in the district pursuant to
section 3313.64 or
3313.65 of the
Revised Code, but receiving educational
services in
grades kindergarten through twelve from one or more of the
following entities:
(a) A community school pursuant to Chapter
3314. of the
Revised Code, including any participation in a college
pursuant to
Chapter 3365. of the Revised Code while enrolled in such community
school;
(b) An alternative school pursuant to sections 3313.974 to
3313.979 of the Revised Code as described in division
(I)(2)(a) or
(b) of this section;
(c) A college pursuant to Chapter 3365. of the Revised Code,
except
when the student is enrolled in the college while also
enrolled in a community
school pursuant to Chapter 3314. of the
Revised Code;
(d) An adjacent or other
school district under an open
enrollment policy adopted pursuant
to section 3313.98 of the
Revised Code;
(e) An educational service
center or cooperative education
district;
(f) Another school district
under a cooperative education
agreement, compact, or contract.
(3) One-fourth Ten per cent of the number of students enrolled in a joint
vocational school district or under a vocational education
compact,
excluding any students
entitled to attend school in the
district under section 3313.64 or
3313.65 of the Revised Code who
are enrolled in another
school district through an open enrollment
policy as reported under
division (A)(2)(d) of this section and
then enroll in
a joint vocational school district or under a
vocational education
compact;
(4) The number of handicapped children, other than
handicapped preschool children, entitled to attend school in the
district pursuant to section 3313.64 or 3313.65 of the
Revised
Code who are placed with a
county MR/DD board, minus the
number of
such children placed with a county
MR/DD board in fiscal year
1998. If this calculation produces a negative number, the
number
reported under division
(A)(4) of this section shall be
zero.
(B) To enable the
department of education to obtain the data
needed to complete
the calculation of payments pursuant to this
chapter, in
addition to the formula ADM, each
superintendent shall
report separately the following student
counts:
(1) The total average daily membership in regular day
classes included in the report under division (A)(1) or (2) of
this
section for kindergarten, and each of grades one through
twelve in
schools under the
superintendent's supervision;
(2) The number of all handicapped
preschool
children
enrolled as of the first day of
December in classes in the
district that are eligible for approval by the state board of
education
under division (B) of section 3317.05 of the Revised
Code
and the number of those classes, which shall be reported not
later than the
fifteenth day of December, in accordance with rules
adopted under
that section;
(3) The number of children entitled to attend school in
the
district pursuant to section 3313.64 or 3313.65 of the
Revised
Code who are participating in a
pilot project scholarship program
established under sections
3313.974 to 3313.979 of the Revised
Code as described in division
(I)(2)(a) or (b) of this section,
are enrolled in a college under Chapter
3365. of the Revised Code,
except when the
student is enrolled in the college while also
enrolled in a community school
pursuant to Chapter 3314. of the
Revised Code, are enrolled in an adjacent or
other school district
under section 3313.98 of the Revised Code,
are enrolled in a
community school
established under Chapter 3314.
of the Revised
Code, including any participation in a college
pursuant to Chapter
3365. of the Revised Code while enrolled in such community
school,
or are participating in a
program operated by a county MR/DD board
or a state
institution;
(4) The number of pupils enrolled in joint vocational
schools;
(5) The average daily membership of
handicapped children
reported under division (A)(1) or (2) of this
section receiving
special education
services
for the category one
handicap described
in division (A)
of section 3317.013 of the
Revised Code;
(6) The average daily membership of handicapped children
reported under
division (A)(1) or (2) of this section receiving
special
education services
for category two
handicaps
described
in division
(B)
of section 3317.013 of the
Revised Code;
(7) The average daily membership of handicapped children
reported under
division (A)(1) or (2) of this section
receiving
special education services for
category three handicaps
described
in division
(C)
of
section
3317.013
of the Revised Code;
(8)
The average daily
membership of handicapped children
reported under division (A)(1)
or (2) of this section receiving
special education services for
category four handicaps described
in division (D) of section
3317.013 of the Revised Code;
(9) The average daily membership of handicapped children
reported under division (A)(1) or (2) of this section receiving
special education services for the category five handicap
described
in division (E) of section 3317.013 of the Revised Code;
(10) The average daily membership of handicapped children
reported under division (A)(1) or (2) of this section receiving
special education services for category six handicaps described in
division (F) of section 3317.013 of the Revised Code;
(11) The average daily membership of pupils reported under
division
(A)(1) or (2) of this section enrolled in category one
vocational education programs or classes, described in division
(A) of section 3317.014 of the Revised Code, operated by the
school
district or by another district, other than a joint
vocational school
district, or by an educational service center;
(12) The average daily membership of pupils reported
under
division
(A)(1) or (2) of this section enrolled in category
two
vocational
education programs or services, described in
division
(B) of section
3317.014 of the Revised Code, operated by
the
school district or another school district,
other than a joint
vocational school district, or by an educational service
center;
(13) The average number of
children transported by the
school district on board-owned or contractor-owned and -operated
buses,
reported in accordance with rules adopted by
the department
of education;
(14)(a) The number of children, other than
handicapped
preschool children, the district placed with a
county MR/DD board
in fiscal
year 1998;
(b) The number of handicapped children, other than
handicapped preschool children, placed with a county
MR/DD board
in the current
fiscal year to receive
special
education services
for the category one handicap
described in
division (A) of
section
3317.013
of the Revised
Code;
(c) The number of handicapped children, other than
handicapped preschool children, placed with a county
MR/DD board
in the current
fiscal year to receive
special
education services
for category two handicaps
described in
division (B) of
section
3317.013
of the Revised
Code;
(d) The number of handicapped children, other than
handicapped preschool children, placed with a county
MR/DD board
in the current
fiscal year to receive
special
education
services
for category three handicaps described in
division
(C) of section
3317.013 of the Revised
Code;
(e) The number of handicapped children, other than
handicapped preschool children, placed with a county MR/DD board
in the current fiscal year to receive special education services
for category four handicaps described in division (D) of section
3317.013 of the Revised Code;
(f) The number of handicapped children, other than
handicapped preschool children, placed with a county MR/DD board
in the current fiscal year to receive special education services
for the category five handicap described in division (E) of
section
3317.013 of the Revised Code;
(g) The number of handicapped children, other than
handicapped preschool children, placed with a county MR/DD board
in the current fiscal year to receive special education services
for category six handicaps described in division (F) of section
3317.013 of the Revised Code.
(C)(1) Except as otherwise provided in this section for
kindergarten students, the average daily membership in divisions
(B)(1) to
(12) of this section shall be based
upon the number
of
full-time equivalent students. The state board of
education
shall
adopt rules defining full-time equivalent students and for
determining the average daily membership therefrom
for the
purposes of divisions (A), (B), and
(D) of this section.
(2) A student enrolled in a community school established
under Chapter 3314. of the Revised Code shall be counted in the
formula ADM and, if applicable, the category one, two, three,
four, five, or six
special education ADM of the school district in
which the student
is entitled to attend school under section
3313.64 or 3313.65 of
the Revised Code for the same proportion of
the school year that
the student is counted in the enrollment of
the community school
for purposes of section 3314.08 of the
Revised Code.
(3) No child
shall be
counted as more than a total of one
child in the
sum of
the average daily memberships of a
school
district under division
(A), divisions
(B)(1) to
(12), or division
(D) of this
section,
except as follows:
(a) A child with a handicap described in section 3317.013
of
the Revised Code may be
counted both in formula
ADM and in
category one, two,
three,
four, five, or six
special education
ADM and, if applicable, in
category one or two
vocational
education
ADM. As provided in
division (C) of section
3317.02 of
the Revised Code,
such a child
shall be counted in
category one,
two,
three, four, five, or
six special education
ADM in the same
proportion that the child is
counted in formula
ADM.
(b) A child enrolled in vocational education programs or
classes described
in section
3317.014 of the Revised Code
may be
counted both in formula ADM and
category one or two
vocational
education ADM and, if applicable, in
category one, two,
three,
four, five, or six
special education ADM. Such a child
shall be
counted in category
one or two vocational education ADM
in
the
same proportion as the
percentage of time that the child
spends in
the
vocational
education programs or classes.
(4) Based on the information reported
under this section,
the
department of education shall determine the total
student
count,
as defined in section 3301.011 of the Revised Code, for
each
school district.
(D)(1) The superintendent of each joint vocational school
district
shall certify to
the superintendent of public instruction
on or before the fifteenth
day of October in each year for the
first full school week in
October the formula ADM, which, except
as otherwise provided in this division, shall
consist of
the
average daily
membership during such week, on an
FTE basis, of the
number of
students receiving any educational
services from the
district,
including students enrolled in a
community school established under Chapter 3314. of the Revised
Code who are attending the joint vocational district under an
agreement between the district board of education and the
governing authority of the community school and are entitled to
attend school in a city, local, or exempted village school
district whose territory is part of the territory of the joint
vocational district.
The following categories
of students shall not be
included
in the determination
made under division (D)(1) of this section:
(a) Students enrolled in adult education classes;
(b) Adjacent or other district joint vocational students
enrolled
in the district under an open enrollment policy pursuant
to section
3313.98 of the Revised Code;
(c) Students receiving services in the district pursuant
to
a compact, cooperative education agreement, or a contract, but who
are
entitled to attend school in a city, local, or
exempted
village school district whose territory is not part of
the
territory of the joint vocational district;
(d) Students for whom tuition is payable pursuant to
sections
3317.081 and 3323.141 of the Revised Code.
(2) To enable the department of education to obtain the data
needed to complete the calculation of payments pursuant to this
chapter,
in addition to the formula ADM, each superintendent shall
report
separately the average daily membership included in the
report under division
(D)(1) of this section for each of the
following categories of
students:
(a) Students enrolled in each grade included in the joint
vocational district schools;
(b) Handicapped children receiving
special
education
services
for the category one handicap described in
division (A)
of section 3317.013
of the Revised Code;
(c) Handicapped children receiving
special
education
services
for the category two handicaps described in
division (B)
of section 3317.013
of the Revised Code;
(d) Handicapped children
receiving special education
services for category three
handicaps
described in division
(C)
of section
3317.013 of the
Revised Code;
(e)
Handicapped children
receiving special education services
for category four handicaps
described in division (D) of section
3317.013 of the Revised Code;
(f) Handicapped children receiving special education
services for the category five handicap described in division (E)
of
section 3317.013 of the Revised Code;
(g) Handicapped children receiving special education
services for category six handicaps described in division (F) of
section 3317.013 of the Revised Code;
(h)
Students receiving category one vocational education
services, described in division (A) of section 3317.014 of the
Revised Code;
(i) Students receiving category two vocational education
services, described in division (B) of section 3317.014 of the
Revised Code.
The superintendent of each joint vocational school district
shall also indicate the city, local, or
exempted village school
district in which each
joint vocational district pupil is entitled
to attend school
pursuant to section 3313.64 or 3313.65 of the
Revised Code.
(E) In each school of each city, local, exempted village,
joint vocational, and cooperative education school district there
shall be maintained a record of school membership, which record
shall accurately show, for each day the school is in session, the
actual membership enrolled in regular day classes. For the
purpose of determining average daily membership, the membership
figure of any school shall not include any pupils except those
pupils described by division (A) of this section. The
record of
membership for each school shall be maintained in such
manner that
no pupil shall be counted as in membership prior to
the actual
date of entry in the school and also in such
manner that where for
any cause a pupil permanently withdraws
from the school that pupil
shall not be counted as in
membership from and
after the date of
such withdrawal. There shall not be included
in the membership of
any school any of the following:
(1) Any pupil who has graduated from
the twelfth grade of a
public high school;
(2) Any pupil who is not a resident of the state;
(3) Any pupil who was enrolled in the schools
of the
district during the previous school year when tests were
administered under section 3301.0711 of the Revised Code but did
not take one or more of the tests required by that section and
was
not excused pursuant to division (C)(1) of that section;
(4) Any pupil who has attained the age of twenty-two years,
except for veterans of the armed services whose attendance was
interrupted before completing the recognized twelve-year course
of
the public schools by reason of induction or enlistment in the
armed forces and who apply for reenrollment in the public school
system of their residence not later than four years after
termination of war or their honorable discharge.
If, however, any veteran described by
division (E)(4) of
this
section elects to
enroll in special courses organized for
veterans
for whom tuition is paid under the provisions of federal
laws, or
otherwise, that veteran shall not be included in
average
daily
membership.
Notwithstanding division (E)(3) of this section, the
membership of any school may include a pupil who did not take a
test required by section 3301.0711 of the Revised Code if the
superintendent of public instruction grants a waiver from the
requirement to take the test to the specific pupil. The
superintendent may grant such a waiver only for good cause in
accordance with rules adopted by the state board of education.
Except as provided in
divisions (B)(2)
and (F) of
this section,
the
average daily membership figure of any local,
city,
exempted
village, or joint vocational school district shall
be
determined
by dividing
the figure representing the sum of the
number of
pupils enrolled during each
day the school of attendance
is
actually open for
instruction during the first full school week
in
October by the total number
of days the school was actually
open
for instruction during that
week. For purposes of state
funding,
"enrolled" persons are only
those pupils who are
attending school,
those who have attended
school during the
current school year and
are absent for
authorized reasons, and
those handicapped children
currently
receiving home instruction.
The average daily membership figure of any cooperative
education school
district shall be determined in accordance with
rules adopted by the state
board of education.
(F)(1) If the formula ADM for the first full school
week in
February is at
least three per cent greater than that certified
for the first
full school week in the preceding October, the
superintendent of
schools of any city, exempted village, or joint
vocational school district
or educational service center shall
certify such increase to the
superintendent of public
instruction.
Such certification shall be submitted no later than
the fifteenth
day of February. For the balance of the fiscal
year, beginning
with the February payments, the superintendent of
public
instruction shall use the increased formula
ADM in calculating or
recalculating the amounts to be allocated in
accordance with section 3317.022 or 3317.16 of
the Revised
Code. In no event
shall the superintendent use an increased
membership certified to
the superintendent after the
fifteenth day of February.
(2) If on the first school day of April the total number
of
classes or units for handicapped
preschool children that
are
eligible for approval under division (B) of section 3317.05
of the
Revised Code exceeds the number of units
that have been approved
for the year under that division, the
superintendent of schools of
any city, exempted village,
or cooperative education school
district or educational
service center shall make the
certifications required by this
section for that day. If the
state board of education
department determines additional units can be
approved for the
fiscal year within any limitations set forth in
the acts
appropriating moneys for the funding of such units,
the
board department shall approve additional units for the fiscal year on
the
basis of such average daily membership. For each unit so
approved, the department of education shall pay an amount
computed
in the manner prescribed in section
3317.052 or 3317.19
and
section
3317.053 of the Revised Code.
(3) If a student attending a community school under Chapter
3314. of the Revised Code is not included in the formula ADM
certified for the first full school week of October for the school
district in which the student is entitled to attend school under
section 3313.64 or 3313.65 of the Revised Code, the department of
education shall adjust the formula ADM of that school district to
include the community school student in accordance with division
(C)(2) of this section, and shall recalculate the school
district's payments under this chapter for the entire fiscal year
on the basis of that adjusted formula ADM. This requirement
applies regardless of whether the student was enrolled, as defined
in division (E) of this section, in the community school during
the first full school week in October.
(G)(1)(a) The superintendent of an institution operating a
special education program pursuant to section 3323.091 of the
Revised Code shall, for the programs under such
superintendent's
supervision,
certify to the state board of education the average
daily
membership of all handicapped children in classes or
programs
approved annually by the state board department of education, in the
manner prescribed
by the superintendent of public instruction.
(b) The superintendent of an
institution with vocational
education units approved under
division (A) of section 3317.05 of
the Revised
Code shall, for the units under
the superintendent's
supervision, certify to the state board of
education the average
daily membership in those units, in the
manner prescribed by the
superintendent of public
instruction.
(2) The superintendent of each county MR/DD board that
maintains special education classes
under section 3317.20 of the
Revised Code or units approved by the state
board of education
pursuant to section
3317.05 of the Revised Code shall
do both of
the following:
(a) Certify to the state board, in the
manner prescribed by
the board, the average daily
membership in classes
under section
3317.20 of
the Revised Code for each
school district that has
placed children
in the classes;
(b) Certify to the state board, in the manner prescribed by
the
board, the number of all handicapped preschool children
enrolled as of
the first day of December in classes eligible for
approval
under division (B) of
section 3317.05 of the Revised
Code, and the number of those
classes.
(3)(a)
If on the first school day of
April the number of
classes or units maintained for handicapped preschool
children by
the county MR/DD board
that are eligible for approval under
division (B) of section 3317.05 of the
Revised Code is greater
than the number of units approved for the year under
that
division,
the superintendent shall make the
certification required
by this section for that day.
(b) If the state board department determines that additional classes
or
units can be
approved for the fiscal year within any
limitations
set forth in
the acts appropriating moneys for the
funding of the
classes and units described in division (G)(3)(a)
of this
section, the board department shall approve and
fund
additional units for the
fiscal year on the basis of such average
daily membership. For
each
unit so approved, the department of
education shall pay an
amount
computed in the manner prescribed in
sections
3317.052 and
3317.053 of the Revised
Code.
(H) Except as provided in division (I)
of this section, when
any city, local, or exempted village school
district provides
instruction for a nonresident pupil whose
attendance is
unauthorized attendance as defined in section
3327.06 of the
Revised Code, that pupil's membership shall not be
included in
that district's membership figure used in the
calculation of that
district's formula
ADM or included in the determination of any
unit approved for
the district under section 3317.05 of the
Revised Code. The
reporting official shall report separately the
average daily
membership of all pupils whose attendance in the
district is
unauthorized attendance, and the membership of each
such pupil
shall be credited to the school district in which the
pupil is
entitled to attend school under division (B) of section
3313.64
or section 3313.65 of the Revised Code as determined by
the
department of education.
(I)(1) A city, local, exempted village, or joint vocational
school
district admitting
a scholarship student
of a pilot project
district pursuant to division (C) of section 3313.976
of the
Revised Code may count such student in its average daily
membership.
(2) In any year for which funds are appropriated for pilot
project
scholarship programs, a school district implementing a
state-sponsored pilot
project scholarship program that year
pursuant to
sections 3313.974
to
3313.979 of the Revised
Code
may count in average daily membership:
(a) All children residing in the district and utilizing a
scholarship to attend kindergarten in any alternative school, as
defined in
section 3313.974 of the Revised Code;
(b) All children who were enrolled in the district in the
preceding year who are utilizing a scholarship to attend any such
alternative
school.
(J) The superintendent of each cooperative education school
district shall certify to the superintendent of public
instruction, in a
manner prescribed by the state board of
education, the applicable average
daily memberships for all
students in the cooperative education district, also
indicating
the city, local, or exempted village district where each pupil is
entitled to attend school under section 3313.64 or 3313.65 of the
Revised
Code.
Sec. 3317.032. (A) Each city, local, exempted
village, and cooperative education school district, each
educational service center, each county
MR/DD board, and each institution operating a special education
program pursuant to section 3323.091 of the Revised Code shall,
in accordance with procedures adopted by the state board of
education, maintain a record of district membership of both of
the following:
(1) All handicapped preschool children in units
approved
under division (B) of section 3317.05 of the Revised Code;
(2) All handicapped preschool children who are not in
units approved by the state board under division (B) of
section
3317.05 of the Revised Code but who are otherwise served by a
special education program.
(B) The superintendent of each district, board, or
institution subject to division (A) of this section shall certify
to the state board of education, in accordance with procedures
adopted by that board, membership figures of all handicapped
preschool children whose membership is maintained under division
(A)(2) of this section. The figures certified under this
division shall be used in the determination of
the ADM used to compute funds for
educational
service center governing boards under division (B) of
section 3317.11 of the Revised Code.
Sec. 3317.05. (A) For the purpose of calculating
payments
under sections
3317.052 and
3317.053 of the
Revised Code, the
state board department of
education shall determine for
each institution, by
the last day of
January of each year and
based on information
certified under
section 3317.03 of the
Revised Code, the number of
vocational education units or
fractions of units
approved by the
state board department on the basis of
standards
and rules adopted by the
state board of education. As used in this
division,
"institution" means an
institution operated by a
department specified in
section 3323.091
of the Revised Code and
that provides
vocational education
programs under the supervision
of the
division of vocational
education of the department of
education
that meet the standards
and rules for these programs,
including
licensure of professional
staff involved in the
programs, as
established by the state board
of education.
(B) For the purpose of calculating payments
under sections
3317.052, 3317.053, 3317.11,
and 3317.19 of
the
Revised Code, the
state board department shall
determine, based
on
information certified under
section 3317.03 of the Revised
Code,
the following by the last day
of January of each
year for each
educational
service center, for
each school district, including
each
cooperative education school
district, for each institution
eligible for payment under section
3323.091 of
the Revised Code,
and for each county MR/DD board:
the
number of
classes operated
by the school district, service
center,
institution, or
county
MR/DD board for
handicapped
preschool
children, or fraction
thereof, including in the case of
a district
or service center
that is a funding agent, classes
taught by a
licensed teacher
employed by that district or service
center under
section
3313.841
of the Revised Code, approved
annually by the
state
board department on the
basis of standards and rules
adopted by
the
state board.
(C) For the purpose of calculating payments under sections
3317.052, 3317.053, 3317.11,
and 3317.19 of
the
Revised
Code, the
state board department shall determine, based on
information certified
under
section 3317.03 of the Revised
Code,
the following by the last
day
of January of each year for
each
school district, including each
cooperative education
school
district, for each institution
eligible for payment under
section
3323.091 of the Revised Code,
and for each county
MR/DD board:
the
number of
preschool
handicapped related services units for
child
study,
occupational,
physical, or speech and hearing
therapy,
special
education
supervisors, and special education
coordinators
approved annually
by the state board department on the basis
of
standards and
rules adopted by
the state board.
(D) For the purpose of
calculating payments under sections
3317.052 and
3317.053 of the
Revised Code, the
state board department shall
determine, based on
information certified under
section 3317.03 of
the Revised
Code, the following by the last day
of January of each
year for
each institution
eligible for payment
under section
3323.091 of the
Revised Code:
(1) The number of classes operated by an institution
for
handicapped
children other than handicapped
preschool children, or
fraction
thereof, approved annually by the
state board department on
the
basis of standards and rules adopted by the
state board;
(2) The number of related services units for children
other
than handicapped preschool children for child study,
occupational,
physical, or speech and hearing therapy, special
education
supervisors, and special education coordinators
approved annually
by the state board department on the basis
of standards and rules adopted by
the state board.
(E) All of the arithmetical calculations made under this
section shall be carried to the second decimal place. The total
number of units for school districts, service
centers, and
institutions
approved annually by the state board under this
section shall not exceed
the number of units included in the state
board's estimate of
cost for these units and
appropriations made
for them by the
general assembly.
In the case of units described in division
(D)(1) of this
section operated by
institutions
eligible
for payment under
section 3323.091 of the Revised Code,
the state
board department shall
approve only units for persons
who are under age
twenty-two on the
first day of the academic
year, but not less
than six years of age
on the thirtieth day of
September of that
year, except that such a
unit may
include one or more children who
are under six years of
age on
the thirtieth day of September if
such children have been
admitted to the unit pursuant to rules of
the state
board. In the
case of handicapped preschool units
described in division (B) of
this section operated by
county MR/DD
boards and
institutions
eligible for payment under section
3323.091 of the
Revised Code,
the state board department shall approve only
preschool units
for children
who are under age six but not less
than age three on
the thirtieth first
day of September December of the academic
year, except that
such a unit may
include one or more children who
are under age
three or are age
six or over on the thirtieth first day of
September December, as reported under division (B)(2) or (G)(2)(b) of section 3317.03 of the Revised Code, if
such children
have been admitted to the unit pursuant
to rules of
the state
board of education. The number of units for
county MR/DD
boards
and institutions eligible
for payment under
section 3323.091 of
the Revised Code approved
by the state board
under this section
shall not exceed the number that
can be funded
with appropriations
made for such purposes by the general
assembly.
No unit shall be approved under divisions (B)
to (D) of this
section unless a plan has been submitted and
approved under
Chapter 3323. of the Revised Code.
(F) The department shall approve
units or fractions thereof
for gifted children on the basis of standards and
rules adopted by
the state board.
Sec. 3317.064. (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 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. 3317.09. 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. 3317.15. (A) As
used in this section, "handicapped child" has the same meaning
as in section 3323.01 of the Revised Code.
(B) Each city, exempted
village, local, and joint vocational school district shall
continue to comply with all requirements of federal statutes and
regulations, the Revised
Code, and rules adopted by the
state board of education governing education of handicapped
children, including, but not limited to, requirements that
handicapped children be served by appropriately licensed or
certificated education personnel.
(C) Each city, exempted
village, local, and joint vocational school district shall
consult with the educational service center serving the county
in which the school district is located and, if it elects to
participate pursuant to section 5126.04 of the
Revised
Code, the county
MR/DD board of that county, in
providing services that serve the best interests of handicapped
children.
(D) Each school district
shall annually provide documentation to the department of
education that it employs the appropriate number of licensed or
certificated personnel to serve the district's handicapped
students.
(E) The department
annually shall audit a sample of school districts to ensure that
handicapped children are being appropriately reported.
(F) Each school district
shall provide speech-language pathology services at a ratio of
one speech-language pathologist per two thousand students
receiving any educational services from the district other than
adult education. A speech-language pathologist employed on a full-time equivalent basis shall provide services to no more than fifty-five school-age handicapped children at any one time. Each district shall provide school
psychological services at a ratio of one school psychologist per
two thousand five hundred students receiving any educational
services from the district other than adult education. A
district may obtain the services of speech-language pathologists
and school psychologists by any means permitted by law,
including contracting with an educational service center. If,
however, a district is unable to obtain the services of the
required number of speech-language pathologists or school
psychologists, the district may request from the superintendent
of public instruction, and the superintendent may grant, a
waiver of this provision for a period of time established by the
superintendent.
Sec. 3317.16. (A) As used in this section:
(1) "State share percentage" means the percentage calculated
for a
joint vocational school district as follows:
(a) Calculate the state base cost funding amount for the
district
under
division (B) of this section. If the district
would not receive
any base cost funding for that year under that
division, the district's state
share percentage is zero.
(b) If the district would receive base cost funding under
that
division,
divide that base cost amount by an amount equal to
the following:
cost-of-doing-business factor Xthe formula amount Xthe greater of formula ADM orthree-year average formula ADMThe resultant number is the district's state share
percentage.
(2) The "total special education weight" for a joint
vocational
school district shall be calculated in the same manner
as prescribed in
division (B)(1) of section 3317.022 of the
Revised
Code.
(3) The "total vocational education weight" for a joint
vocational school district shall be calculated in the same manner
as
prescribed in division (B)(4) of section 3317.022 of the
Revised Code.
(4) The "total
recognized valuation"
of a joint vocational
school district shall be determined by
adding the
recognized
valuations of
all its constituent school districts for the
applicable fiscal
year.
(5) "Resident district" means the city, local, or exempted village school district in which a student is entitled to attend school under section 3313.64 or 3313.65 of the Revised Code.
(6) "Community school" means a community school established under Chapter 3314. of the Revised Code.
(B) The department of education shall compute and distribute
state base cost funding to each joint vocational school district
for the
fiscal year in accordance with the following formula:
(cost-of-doing-business factor Xformula amount X the greater of formulaADM or three-year average formula ADM) -(.0005 X
total
recognized valuation)If the difference obtained under this division is a negative
number, the district's computation shall be zero.
(C)(1) The department shall compute and distribute state
vocational education additional weighted costs funds to each joint
vocational
school district in accordance with the following
formula:
state share percentage X formula amount Xtotal vocational education weight
In each fiscal year, a joint vocational school district receiving funds under division (C)(1) of this section shall spend those funds only for the purposes the department designates as approved for vocational education expenses.
Vocational educational expenses approved by the department shall include only expenses connected to the delivery of career-technical programming to career-technical students. The department shall require the joint vocational school district to report data annually so that the department may monitor the district's compliance with the requirements regarding the manner in which funding received under division (C)(1) of this section may be spent.
(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. 3318.01. As used in sections 3318.01 to 3318.20 of
the
Revised Code:
(A)
"Ohio school facilities commission"
means the commission
created pursuant to
section 3318.30 of the Revised Code.
(B)
"Classroom facilities" means rooms in which pupils
regularly assemble in public school buildings to receive
instruction and education and such facilities and building
improvements for the operation and use of such rooms as may be
needed in order to provide a complete educational program, and may
include space within which a child day-care facility or a
community resource
center is housed.
"Classroom facilities"
includes any space necessary for the operation of a vocational
education program
for secondary students in any school district
that operates such a
program.
(C)
"Project" means a project to construct or acquire
classroom
facilities, or to reconstruct or
make additions to
existing classroom facilities,
to be used for housing the
applicable school district and its functions.
(D)
"School district" means a local, exempted village, or
city school district as such districts are defined in Chapter
3311. of the Revised Code, acting as an agency of state
government, performing
essential governmental functions of state
government pursuant to sections
3318.01 and 3318.20 of the Revised
Code.
For purposes of assistance provided under sections 3318.40 to
3318.45 of the Revised Code, the term "school district" as used in
this section and in divisions (A), (C), and (D) of section 3318.03
and in sections 3318.031, 3318.033, 3318.042, 3318.07, 3318.08,
3318.083, 3318.084, 3318.085, 3318.086, 3318.10, 3318.11, 3318.12,
3318.13, 3318.14, 3318.15, 3318.16, 3318.19, and 3318.20 of the
Revised Code means a joint vocational school district established
pursuant to section 3311.18 of the Revised Code.
(E)
"School district board" means the board of education
of
a
school district.
(F)
"Net bonded indebtedness" means the difference between
the sum of the par value of all outstanding and unpaid bonds and
notes
which
a school district board is obligated to pay, any
amounts the school district is obligated to pay under
lease-purchase
agreements entered into under section 3313.375 of
the Revised Code, and the
par value of bonds authorized by the
electors but not yet issued,
the proceeds of which can lawfully be
used for the project, and
the amount held in the sinking fund and
other indebtedness
retirement funds for their redemption. Notes
issued for school
buses in accordance with section 3327.08 of the
Revised Code,
notes issued in anticipation of the collection of
current
revenues, and bonds issued to pay final judgments shall
not be
considered in calculating the net bonded indebtedness.
"Net bonded indebtedness" does not include indebtedness
arising from
the acquisition of land to provide a site for
classroom facilities
constructed, acquired, or added to pursuant
to sections 3318.01 to 3318.20
of the Revised Code.
(G)
"Board of elections" means the board of elections of
the
county containing the most populous portion of the school
district.
(H)
"County auditor" means the auditor of the county in
which
the greatest value of taxable property of such school
district is
located.
(I)
"Tax duplicates" means the general tax lists and
duplicates prescribed by sections 319.28 and 319.29 of the
Revised
Code.
(J)
"Required level of indebtedness" means:
(1) In the case of districts in
the first percentile, five
per cent of the district's valuation for
the year preceding the
year in which the controlling board approved the
project under
section 3318.04 of the Revised Code.
(2) In the case of districts ranked in a subsequent
percentile, five per
cent of the district's valuation for the year
preceding the year in
which the controlling board approved the
project under section 3318.04
of the Revised Code, plus [two
one-hundredths of one per
cent multiplied by (the percentile in
which the district ranks
for the fiscal year preceding the fiscal
year in which the controlling board approved the district's
project minus
one)].
(K)
"Required percentage of the basic project costs" means
one per cent of
the basic project costs times the
percentile in
which the district ranks
for the fiscal year preceding the fiscal
year in which the controlling board approved the district's
project.
(L)
"Basic project cost" means a cost amount determined in
accordance with
rules adopted under section 111.15 of the Revised
Code by
the
Ohio school facilities commission. The basic
project
cost calculation shall take into consideration the square footage
and
cost per square foot necessary for the grade levels to be
housed in the
classroom facilities, the variation across the state
in construction and
related costs, the cost of the installation of
site utilities and site
preparation,
the cost of demolition of all
or part of any existing classroom facilities that are abandoned
under the project, the cost of insuring the
project until it is
completed,
any contingency reserve amount
prescribed by the
commission under section 3318.086 of the Revised
Code, and the
professional planning, administration, and design
fees that a
district may
have to pay to undertake a classroom
facilities
project.
For a joint vocational school district that receives
assistance under sections 3318.40 to 3318.45 of the Revised Code,
the basic project cost calculation for a project under those
sections shall also take into account the types of laboratory
spaces and program square footages needed for the vocational
education programs for high school students offered by the school
district.
"Basic project cost" also includes the value of classroom
facilities
authorized in a pre-existing bond issue as described in
section 3318.033 of
the Revised Code.
(M)(1) Except for a joint vocational school district that
receives assistance under sections 3318.40 to 3318.45 of the
Revised Code, a
"school district's portion of the basic project
cost"
means the
amount determined under section 3318.032 of the
Revised
Code.
(2) For a joint vocational school district that receives
assistance under sections 3318.40 to 3318.45 of the Revised Code,
a "school district's portion of the basic project cost" means the
amount determined under division (C) of section 3318.42 of the
Revised Code.
(N)
"Child day-care facility" means
space within a classroom
facility in which the needs of infants,
toddlers, preschool
children, and school children are provided
for by persons other
than the parent or guardian of such
children for any part of the
day, including persons not employed by the school
district
operating such classroom facility.
(O)
"Community resource
center" means space within a
classroom facility in which
comprehensive services that support
the needs of families and
children are provided by community-based
social service
providers.
(P)
"Valuation" means the total value of all property in
the
district as listed and assessed for taxation on the tax
duplicates.
(Q)
"Percentile" means the percentile in which the
district
is
ranked pursuant to division (D) of section 3318.011 of the
Revised Code.
(R)
"Installation of site utilities" means the
installation
of a site domestic water system, site fire protection system,
site
gas distribution system, site sanitary system, site storm
drainage
system, and site telephone and data system.
(S)
"Site preparation"
means the earthwork necessary for
preparation of the building
foundation system, the paved
pedestrian and vehicular
circulation system, playgrounds on the
project site, and lawn
and planting on the project site.
Sec. 3318.024. In the first year of a capital biennium, any funds appropriated to the Ohio school facilities commission for classroom facilities projects under this chapter in the previous capital biennium that were not spent or encumbered, or for which an encumbrance has been canceled under section 3318.05 of the Revised Code, shall be used by the commission only for projects under sections 3318.01 to 3318.20 of the Revised Code, subject to appropriation by the general assembly.
In the second year of a capital biennium, any funds appropriated to the Ohio school facilities commission for classroom facilities projects under this chapter that were not spent or encumbered in the first year of the biennium and which are in excess of an amount equal to half of the appropriations for the capital biennium, or for which an encumbrance has been canceled under section 3318.05 of the Revised Code, shall be used by the commission only for projects under sections 3318.01 to 3318.20 of the Revised Code, subject to appropriation by the general assembly.
Sec. 3318.03. (A) Before conducting
an on-site evaluation of
a
school district under section 3318.02 of the
Revised Code, at
the
request of the district board of
education, the Ohio school
facilities commission shall examine any
classroom facilities needs
assessment that has been conducted by the district
and any master
plan developed for
meeting the facility needs of the district.
(B) Upon conducting the on-site evaluation under section
3318.02
of
the Revised Code, the Ohio school
facilities commission
shall
make a determination of all of the following:
(1) The needs of the school district for additional
classroom facilities;
(2) The number of classroom facilities to be included in
a
project,
including classroom facilities authorized by a bond
issue
described in
section 3318.033 of the Revised Code, and the
basic
project cost of constructing, acquiring, reconstructing, or
making
additions
to each such facility;
(3) The amount of such cost that the
school district can
supply from
available funds, by the issuance of bonds previously
authorized
by the electors of the school district the proceeds of
which can
lawfully be used for the project, including bonds
authorized by the
district's electors as described in section
3318.033 of the Revised
Code, and by the issuance of bonds
under
section 3318.05 of the Revised Code;
(4) The remaining amount of such cost that shall be
supplied
by the state;
(5)
The amount of the state's portion
to be encumbered in
accordance
with section 3318.11 of the
Revised
Code in the current
and
subsequent fiscal bienniums from funds
appropriated for
purposes
of sections 3318.01 to 3318.20 of the
Revised Code.
(C) The commission shall make a
determination in favor of
constructing, acquiring,
reconstructing, or making additions to a
classroom facility only upon
evidence that the proposed
project
conforms to sound educational practice, that it is in
keeping with
the orderly process of school district
reorganization and
consolidation, and that the actual or
projected enrollment in each
classroom facility proposed to be included in
the project
is at
least three hundred fifty pupils. Exceptions shall be authorized
only in those districts
where topography, sparsity of population,
and other
factors make
larger schools impracticable.
If the school district board determines that an existing facility has historical value or for other good cause determines that an existing facility should be renovated in lieu of acquiring a comparable facility by new construction, the commission may approve the expenditure of project funds for the renovation of that facility up to but not exceeding one hundred per cent of the estimated cost of acquiring a comparable facility by new construction, as long as the commission determines that the facility when renovated can be operationally efficient, will be adequate for the future needs of the district, and will comply with the other provisions of this division.
(D) Sections 125.81 and 153.04 of the Revised Code shall not
apply to classroom facilities constructed under
either sections
3318.01
to 3318.20
or sections 3318.40 to 3318.45 of the Revised
Code.
Sec. 3318.042. (A) The board of education of any school
district that is receiving assistance under sections 3318.01 to
3318.20 of the Revised Code after May 20, 1997,
or under sections
3318.40 to 3318.45 of the Revised Code, and whose project
is still
under construction, may request that
the Ohio school
facilities
commission examine whether the circumstances
prescribed
in either
division (B)(1) or (2) of this section exist in
the
school
district. If the commission so finds, the
commission shall
review
the school district's
original assessment and approved
project
and
consider providing additional assistance to the school
district to
correct the prescribed conditions found to exist in
the district.
Additional assistance under this section shall be
limited to
additions to one or more buildings, remodeling of one
or more
buildings, or changes to the infrastructure of one or more
buildings.
(B) Consideration of additional assistance to a school
district under this section is warranted in either of the
following circumstances:
(1) Additional work is needed
to
correct an oversight or
deficiency not identified or included
in
the district's initial
assessment.
(2) Other conditions exist that, in the opinion of the
commission, warrant additions or remodeling
of the
project
facilities or changes to infrastructure
associated
with
the
district's project that were not identified in the
initial
assessment and plan.
(C) If the commission decides in favor of providing
additional assistance to any school district under this section,
the school district shall be responsible for paying for its
portion of the cost
of the additions, remodeling, or
infrastructure
changes pursuant to section 3318.083 of the Revised
Code. If,
after making a financial evaluation of the school
district, the
commission determines that the school district is
unable without
undue hardship, according to the guidelines adopted
by the
commission, to fund the school district portion of the
increase,
then the state and the school district shall enter into
an
agreement whereby the state shall pay the portion of the cost
increase attributable to the school district which is determined
to be in excess of any local resources available to the district
and the district shall thereafter reimburse the state. The
commission shall establish the district's schedule for reimbursing
the state, which shall not extend beyond five ten years. The commission may lengthen the reimbursement schedule of a school district that has entered into an agreement under this section prior to the effective date of this amendment as long as the total term of that schedule does not extend beyond ten years. Debt
incurred under this section shall not be included in the
calculation of the net indebtedness of the school district under
section 133.06 of the Revised Code.
Sec. 3318.05. The conditional approval of the Ohio school
facilities commission
for a project shall lapse and the amount
reserved
and encumbered for such project shall be released unless
the school district board accepts such conditional approval within
one
hundred twenty days following the date of certification of
the
conditional approval to the school district board and the electors
of the
school district vote favorably
on both of the propositions
described in divisions
(A) and (B) of this section
within one year
of the date of such certification, except that a
school district
described in division (C) of this section does not
need to submit
the proposition described in division (B) of this
section. The
propositions
described in divisions (A) and (B) of this section
shall be combined in a single proposal. If the
district board or
the district's electors fail to meet such requirements
and the
amount reserved and encumbered for the district's project is
released, the district shall be given first priority for project
funding as
such funds become available.
(A) On the question of issuing bonds of the school
district
board, for the school district's portion of the basic project
cost, in
an amount equal to the school district's
portion
of the
basic project cost less any deduction made under section 3318.033
of
the Revised Code
and less the amount of the proceeds of any
securities authorized or to be authorized under division (J) of
section 133.06 of the
Revised Code and dedicated by the school
district board to payment
of the district's portion of the basic
project cost; and
(B) On the question of levying a tax the proceeds of
which
shall be used to pay the cost of maintaining the
classroom
facilities included in the project. Such tax shall be at the rate
of
not less than one-half
mill for
each dollar of valuation for a
period of twenty-three
years, subject to any
extension approved
under section 3318.061 of the Revised
Code.
(C) If a school district has in place a tax levied under
section
5705.21 of the Revised Code for general ongoing permanent
improvements of at least two mills for each dollar of valuation
and the
proceeds of such tax can be used for maintenance, the
school district need not
levy
the additional tax required under
division (B) of this section,
provided the school district board
includes in the agreement entered into
under section 3318.08 of
the Revised Code provisions earmarking an amount from the
proceeds
of that
permanent improvement tax for maintenance of classroom
facilities
equivalent to the amount of the additional tax and for
the
equivalent number of years otherwise required under this
section.
(D) Proceeds of the tax to be used for maintenance of
the
classroom facilities under either division (B) or (C)
of this
section shall be deposited into a separate fund established
by the
school district for such purpose.
Sec. 3318.052. At any time after the electors of a school
district have approved either or both a property tax levied under
section 5705.21 or 5705.218 of the Revised Code for the purpose of
general ongoing permanent improvements or a school district income
tax levied under Chapter 5748. of the Revised Code, the proceeds of
which, pursuant to the ballot measures approved by the electors, are not so restricted that they cannot be used to pay the costs of a project or
maintaining classroom facilities, the school district board may:
(A) Within one year following the date of the certification
of the conditional approval of the school district's classroom
facilities project by the Ohio school facilities commission, enter
into a written agreement with the commission, which may be part of
an agreement entered into under section 3318.08 of the Revised
Code, and in which the school district board covenants and agrees
to do one or both of the following:
(1) Apply a specified amount of available proceeds
of that property tax levy, of that school district income tax, or
of securities issued under this section, or of proceeds from any
two or more of those sources, to pay all or part of the district's
portion of the basic project cost of its classroom facilities
project;
(2) Apply available proceeds of either or both a
property tax levied under section 5705.21 or 5705.218 of the
Revised Code in effect for a continuing period of time, or of a
school district income tax levied under Chapter 5748. of the
Revised Code in effect for a continuing period of time to the
payment of costs of maintaining the classroom facilities.
(B) Receive, as a credit against the amount of bonds
required under sections 3318.05 and 3318.06 of the Revised Code,
to be approved by the electors of the district and issued by the
district board for the district's portion of the basic project
cost of its classroom facilities project in order for the district
to receive state assistance for the project, an amount equal to
the specified amount that the district board covenants and agrees
with the commission to apply as set forth in division (A)(1) of
this section;
(C) Receive, as a credit against the amount of the tax levy
required under sections 3318.05 and 3318.06 of the Revised Code,
to be approved by the electors of the district to pay the costs of
maintaining the classroom facilities in order to receive state
assistance for the classroom facilities project, an amount
equivalent to the specified amount of proceeds the school district
board covenants and agrees with the commission to apply as
referred to in division (A)(2) of this section;
(D) Apply proceeds of either or both a school district
income tax levied under Chapter 5748. of the Revised Code that may
lawfully be used to pay the costs of a classroom facilities
project or of a tax levied under section 5705.21 or 5705.218 of
the Revised Code to the payment of debt charges on and financing
costs related to securities issued under this section;
(E) Issue securities to provide moneys to pay all or part of
the district's portion of the basic project cost of its classroom
facilities project in accordance with an agreement entered into
under division (A) of this section. Securities issued under this
section shall be Chapter 133. securities and may be issued as
general obligation securities or issued in anticipation of a
school district income tax or as property tax anticipation notes
under section 133.24 of the Revised Code. The district board's
resolution authorizing the issuance and sale of general obligation
securities under this section shall conform to the applicable
requirements of section 133.22 or 133.23 of the Revised Code.
Securities issued under this section shall have principal payments
during each year after the year of issuance over a period of not
more than twenty-three years and, if so determined by the district
board, during the year of issuance. Securities issued under this
section shall not be included in the calculation of net
indebtedness of the district under section 133.06 of the Revised
Code, if the resolution of the district board authorizing their
issuance and sale includes covenants to appropriate annually from
lawfully available proceeds of a property tax levied under section
5705.21 or 5705.218 of the Revised Code and no school district
income tax levied under Chapter 5748. of the Revised Code and to
continue to levy and collect the tax in amounts necessary to pay
the debt charges on and financing costs related to the securities
as they become due. No property tax levied under section 5705.21
or 5705.218 of the Revised Code or of a school district income tax
levied under Chapter 5748. of the Revised Code that is pledged, or
that the school district board has covenanted to levy, collect,
and appropriate annually, to pay the debt charges on and financing
costs related to securities issued under this section shall be
repealed while those securities are outstanding. If such a tax is
reduced by the electors of the district or by the district board
while those securities are outstanding, the school district board
shall continue to levy and collect the tax under the authority of
the original election authorizing the tax at a rate in each year
that the board reasonably estimates will produce an amount in that
year equal to the debt charges on the securities in that year.
No state moneys shall be released for a project to which this
section applies until the proceeds of the tax securities issued
under this section that are dedicated for the payment of the
district portion of the basic project cost of its classroom
facilities project are first deposited into the district's project
construction fund.
Sec. 3318.06. (A) After receipt of the conditional approval
of
the Ohio school facilities
commission, the school district
board
by a
majority of all of its members shall, if it desires to
proceed
with the project, declare all of the following by
resolution:
(1) That by issuing bonds in an amount equal to the
school
district's portion of
the basic project cost, including
bonds
previously authorized by the
district's electors as
described in
section 3318.033 of the Revised
Code, the district is
unable to
provide adequate
classroom facilities without assistance
from the
state;
(2) Unless the school district board has resolved to
apply
the
proceeds of a property tax or the proceeds of an income
tax,
or a combination of proceeds from such taxes, as authorized
under
section
3318.052 of the Revised Code, that to qualify for
such
state assistance it is
necessary to do either of the
following:
(a) Levy a tax outside the ten-mill limitation the
proceeds
of which shall be used to pay the cost of
maintaining the
classroom facilities included in the project;
(b) Earmark for maintenance of classroom facilities from
the
proceeds of an
existing permanent
improvement
tax levied under
section
5705.21 of the Revised Code, if such tax is of at least
two
mills for each dollar of valuation and can be used for
maintenance, an amount
equivalent to the amount of the additional
tax otherwise required under this
section and
sections 3318.05 and
3318.08 of the Revised Code.
(3) That the question of any tax levy specified in a
resolution described in division
(A)(2)(a) of this section,
if
required, shall be
submitted
to the electors of the school
district at the next general or
primary election, if there be a
general or primary election not
less than seventy-five and not
more than ninety-five days after
the day of the adoption of such
resolution or, if not, at a
special election to be held at a time
specified in the resolution
which shall be not less than
seventy-five days after the day of
the adoption of the resolution
and which shall be in accordance
with the requirements of section
3501.01 of the Revised Code.
Such resolution shall also state that
the question of issuing
bonds of the board shall be combined in a
single proposal with the
question of such tax levy. More than
one election under this
section may be held in any one calendar
year. Such resolution
shall specify both of the following:
(a) That the rate which it is necessary to levy shall be
at
the rate of
not less than one-half mill for each one dollar of
valuation,
and
that such tax shall be levied for a period of
twenty-three years;
(b) That the proceeds of the tax shall be used to pay the
cost of
maintaining the classroom facilities included in the
project.
(B) A copy of
a resolution
adopted under division (A)
of
this section shall after its passage and not
less than
seventy-five days prior to the date set therein for the
election
be certified to the county board of elections.
The resolution of the
school district board, in addition to
meeting other applicable
requirements of section 133.18 of the
Revised Code, shall state
that the amount of bonds to be issued
will be an amount equal to the
school district's portion of the
basic project
cost, and state
the maximum maturity of the bonds
which may be
any number of years
not exceeding
the term
calculated
under section 133.20 of the Revised Code as determined
by the
board. In
estimating the amount of bonds to be issued, the
board
shall take
into consideration the amount of moneys then in
the
bond
retirement fund and the amount of moneys to be collected
for
and
disbursed from the bond retirement fund during the
remainder
of
the year in which the resolution of necessity is
adopted.
If the bonds are to be issued in more than one series, the
resolution may state, in addition to the information required to
be stated under division (B)(3) of section 133.18 of the Revised
Code, the number of series, which shall not exceed five, the
principal amount of each series, and the approximate date each
series will be issued, and may provide that no series, or any
portion thereof, may be issued before such date. Upon such a
resolution being certified to the county auditor as required by
division (C) of section 133.18 of the Revised Code, the county
auditor, in calculating, advising, and confirming the estimated
average annual property tax levy under that division, shall also
calculate, advise, and confirm by certification the estimated
average property tax levy for each series of bonds to be issued.
Notice of the election shall include the fact that the tax
levy shall be at the rate of not less than one-half mill for each
one
dollar of
valuation for a period of twenty-three years, and
that
the proceeds of
the tax shall be used to pay the cost of
maintaining the classroom facilities included in the project.
If the bonds are to be issued in more than one series, the
board of education, when filing copies of the resolution with the
board of elections as required by division (D) of section 133.18
of the Revised Code, may direct the board of elections to include
in the notice of election the principal amount and approximate
date of each series, the maximum number of years over which the
principal of each series may be paid, the estimated additional
average property tax levy for each series, and the first calendar
year in which the tax is expected to be due for each series, in
addition to the information required to be stated in the notice
under division (E)(3)(a) to (e) of section 133.18 of the Revised
Code.
(C)(1) Except as otherwise provided in division (C)(2)
of
this section, the form of the ballot to be used at such
election
shall
be:
"A majority affirmative vote is necessary for passage.
Shall bonds be issued by the
............ (here insert name
of school district)
school district to pay the local share of
school construction under the
State of Ohio Classroom Facilities
Assistance Program in the
principal amount of ............ (here
insert principal amount of
the bond issue), to be repaid annually
over a maximum period of
............ (here insert the maximum
number of years over which
the principal of the bonds may be paid)
years, and an annual levy
of property taxes be made outside the
ten-mill limitation,
estimated by the county auditor to average
over the repayment
period of the bond issue ............ (here
insert the number of
mills estimated) mills for each one dollar of
tax valuation, which
amounts to ............ (rate expressed in
cents or dollars and
cents, such as "thirty-six cents" or "$0.36")
for each one hundred
dollars of tax valuation to pay the annual
debt charges on the
bonds and to pay debt charges on any notes
issued in anticipation
of the bonds?"
and, unless the additional levyof taxes is not required pursuantto division (C) of section3318.05 of the Revised Code,"Shall an additional levy of taxes be made for a period of
twenty-three
years to benefit the ............
(here insert name
of school district) school district, the proceeds of
which shall
be used to pay the cost of
maintaining the classroom facilities
included in the project at the rate of
.......... (here insert the
number of mills, which shall not be less than one-half mill)
mills
for each one
dollar of
valuation?
|
|
FOR THE BOND ISSUE AND TAX LEVY |
|
|
|
AGAINST THE BOND ISSUE AND TAX LEVY |
" |
(2) If authority is sought to issue bonds in more than one
series
and the board of education so elects, the form of the
ballot shall
be as prescribed in section
3318.062 of the Revised
Code. If the
board of education elects the form of the ballot
prescribed in
that section, it shall so state in the resolution
adopted under
this section.
(D) If it is necessary for the school district to acquire a
site for the
classroom facilities to be acquired pursuant to
sections 3318.01 to 3318.20 of
the Revised Code, the district
board may propose either to issue bonds of the
board or to levy a
tax to pay for the acquisition of such site, and may
combine the
question of doing so with the questions specified in division
(B)
of this section. Bonds issued under this division for the
purpose
of
acquiring a site are a general obligation of the school
district and are
Chapter 133. securities.
The form of that portion of the ballot to include the
question of either
issuing bonds or levying a tax for site
acquisition purposes shall be one of
the following:
(1) "Shall bonds be issued by the
............ (here insert
name of the school district) school district
to pay costs of
acquiring a site for classroom facilities
under the State of Ohio
Classroom
Facilities Assistance Program
in the principal amount of
.......... (here insert principal amount of
the bond issue), to be
repaid annually over a maximum period of ..........
(here insert
maximum
number of years over which the principal of the bonds may
be paid) years, and
an annual levy of property taxes be made
outside the ten-mill limitation,
estimated by the county auditor
to average over the repayment period of the
bond issue ..........
(here insert number of mills) mills for each one
dollar of tax
valuation, which amount to .......... (here insert rate
expressed
in cents or dollars and cents, such as "thirty-six
cents" or
"$0.36") for each one hundred dollars of valuation
to pay the
annual debt charges on the bonds and to pay debt charges on any
notes issued in anticipation of the bonds?"
(2) "Shall an additional levy of taxes outside the ten-mill
limitation
be made for the benefit of the .......... (here insert
name of the
school district)
.......... school district for the
purpose of
acquiring a site for classroom facilities in the sum of
.........
(here insert annual amount the levy is to produce)
estimated by the
county auditor to average ........
(here insert
number of mills) mills for each one hundred dollars of
valuation,
for a
period of ......... (here insert number of years the millage
is to be
imposed) years?"
Where it is necessary to combine the question of issuing
bonds of the school
district and levying a tax as described in
division
(B) of this section with
the question of issuing
bonds
of
the school district for acquisition of a
site, the
question
specified in
that division
to be
voted on
shall be
"For the Bond
Issues and the Tax Levy" and
"Against the
Bond
Issues
and the Tax
Levy."
Where it is necessary to combine the question of issuing
bonds of the school
district and levying a tax as described in
division
(B) of this section with
the question of levying a
tax
for the acquisition of a site, the question
specified in
that
division
to be voted on shall be "For the
Bond
Issue
and the Tax
Levies" and "Against the Bond Issue and the Tax
Levies."
Where the school district board chooses to combine the
question in division (B) of this section with any of the
additional questions described in divisions (A) to (D) of section
3318.056 of the Revised Code, the question specified in division
(B) of this section to be voted on shall be "For the Bond Issues
and the Tax Levies" and "Against the Bond Issues and the Tax
Levies."
If a majority of those voting upon a proposition hereunder
which includes the question of issuing bonds vote in favor
thereof, and if the agreement provided for by section 3318.08 of
the Revised Code has been entered into, the school district board
may proceed under Chapter 133. of the Revised Code, with the
issuance of bonds or bond anticipation notes in accordance with
the terms of the agreement.
Sec. 3318.08.
Except in the case of a joint vocational
school district that receives assistance under sections 3318.40 to
3318.45 of the Revised Code, if the requisite favorable vote on
the
election is obtained, or if the school district board has
resolved
to apply
the proceeds of a property tax levy or the
proceeds of an
income tax, or a combination of proceeds from such
taxes, as
authorized in
section 3318.052 of the Revised Code, the
Ohio
school facilities commission, upon
certification to it of
either
the results of the election or
the resolution under section
3318.052 of the Revised Code, shall enter
into a written agreement
with the school district board for the
construction and sale of
the project. In the case of a joint vocational school
district that receives assistance under sections 3318.40 to
3318.45 of the Revised Code, if the school district board of
education and the school district electors have satisfied the
conditions prescribed in division (D)(1) of section 3318.41 of the
Revised Code, the commission shall enter into an agreement with
the school district board for the construction and sale of the
project. In either case, the agreement shall
include, but need not
be
limited to, the following provisions:
(A) The sale and issuance of bonds or notes in
anticipation
thereof, as soon as practicable after the execution
of the
agreement, in an amount equal to the
school district's portion of
the basic
project cost, including any bonds previously authorized
by the
district's electors as described in section 3318.033 of the
Revised
Code
and any securities
authorized under division (J) of
section 133.06 of the Revised
Code and dedicated by the school
district board to payment of the
district's portion of the basic
project cost of the project; provided, that if at that time the
county treasurer
of each
county in which the school district is
located has not
commenced
the collection of taxes on the general
duplicate of real
and
public utility property for the year in
which the
controlling
board approved the project, the school
district board
shall
authorize the issuance of a first installment
of bond
anticipation
notes in an amount specified by the
agreement, which
amount shall
not exceed an amount necessary to
raise the net
bonded
indebtedness of the school district as of the
date of
the
controlling board's approval to within
five thousand
dollars of
the
required level of indebtedness for the preceding
year. In the
event that a first installment of bond anticipation
notes is
issued, the school district board shall, as soon as
practicable
after the county treasurer of each county in which the
school
district is located has commenced the collection of taxes
on the
general duplicate of real and public utility property for
the
year
in which the controlling board approved the project,
authorize the
issuance of a second and
final installment of bond
anticipation
notes or a first and final
issue of bonds.
The combined value of the first and second
installment of
bond anticipation notes or the value of the first
and final issue
of bonds shall be equal to the
school district's portion of the
basic project cost. The proceeds of any such bonds shall be used
first
to
retire any bond anticipation notes. Otherwise, the
proceeds of
such bonds and of any bond anticipation notes, except
the premium
and accrued interest thereon, shall be deposited in
the school
district's project construction fund. In determining
the amount
of net bonded indebtedness for the purpose of fixing
the amount of an
issue of either bonds or bond anticipation notes,
gross
indebtedness shall be reduced by moneys in the bond
retirement
fund only to the extent of the moneys therein on the
first day of
the year preceding the year in which the controlling
board approved the
project. Should there be
a decrease in the tax
valuation of
the school district so that the amount of
indebtedness
that can
be incurred on the tax duplicates for the
year in which the
controlling board approved the project is
less
than the amount of the first installment of bond
anticipation
notes, there shall be paid from the school
district's project
construction fund to the school
district's
bond retirement fund to
be applied against such notes an amount
sufficient to cause the
net bonded indebtedness of the school district,
as of the first
day of the year following the year in which the
controlling board
approved the project,
to be within five thousand dollars of the
required level of
indebtedness for the year in which the
controlling board approved the project. The
maximum
amount of
indebtedness to be incurred by any school
district board as its
share of the cost of the project is either
an amount that will
cause its net bonded
indebtedness, as of the first
day of the year
following the year in which the controlling board
approved the
project, to be
within five thousand dollars of the required level
of
indebtedness,
or
an amount equal to the required percentage of
the basic project costs,
whichever is greater. All bonds and bond
anticipation notes
shall be issued in accordance with Chapter 133.
of the Revised
Code, and notes may be renewed as provided in
section 133.22 of
the Revised Code.
(B) The transfer of such funds of the school district
board
available for the project, together with the proceeds of
the
sale
of the bonds or notes, except premium, accrued interest,
and
interest included in the amount of the issue, to the school
district's project construction fund;
(C)
For all school districts except joint vocational school
districts that receive assistance under sections 3318.40 to
3318.45 of the Revised Code, the following provisions as
applicable:
(1) If section 3318.052 of the Revised Code applies, the
earmarking of the
proceeds of a tax levied under section 5705.21
of the Revised Code for general
ongoing permanent
or
under
section 5705.218 of the Revised Code for the purpose of
permanent
improvements, or
the proceeds of a school district
income tax
levied under Chapter
5748. of the Revised Code, or the
proceeds
from a
combination of
those two taxes, in an amount to
pay all or
part of the service
charges on bonds issued to pay the
school
district portion of the
project and
an amount equivalent to all or
part of the tax
required under division
(B) of
section 3318.05 of
the Revised
Code;
(2) If section 3318.052 of the Revised Code does not
apply,
either of
the following:
(a) The levy of the tax authorized at the election for
the
payment of maintenance costs, as specified in
division (B) of
section 3318.05 of the Revised
Code;
(b) If the school district electors have approved a
continuing
tax of at least two mills for each dollar of valuation
for general ongoing
permanent improvements under
section 5705.21
of the Revised Code and that tax can be
used for maintenance, the
earmarking of an amount
of the proceeds from such tax for
maintenance of classroom facilities as
specified in division (B)
of
section 3318.05 of the Revised Code.
(D) For joint vocational school districts that receive
assistance under sections 3318.40 to 3318.45 of the Revised Code,
provision for deposit of school district moneys dedicated to
maintenance of the classroom facilities acquired under those
sections as prescribed in section 3318.43 of the Revised Code;
(E) Dedication of any local donated contribution as
provided
for under section 3318.084 of the Revised Code, including
a
schedule for depositing such moneys applied as an offset of the
district's obligation to levy the tax described in division (B) of
section 3318.05 of the Revised Code as required under division
(D)(2) of section 3318.084 of the Revised Code;
(F) Ownership of or interest in the project during the
period of
construction, which shall be divided between the
commission and the
school district board in proportion to their
respective
contributions to the school district's project
construction
fund;
(G) Maintenance of the state's interest in the
project
until
any
obligations issued for the project under section 3318.26
of
the
Revised Code are no longer outstanding;
(H) The insurance of the project by the school district
from
the time there is an insurable interest therein and so long
as the
state retains
any ownership or interest in the project
pursuant to
division
(F) of
this
section, in such amounts
and
against such
risks as the commission shall
require;
provided, that
the cost of
any required insurance until the
project is completed
shall be a
part of the basic project cost;
(I) The certification by the director of budget and
management that funds are available and have been set aside to
meet the state's share of the basic project cost as approved
by
the controlling board pursuant to
either section 3318.04
or
division (B)(1) of section 3318.41 of the
Revised
Code;
(J) Authorization of the school district board to
advertise
for and receive construction bids for the project, for
and on
behalf of the commission, and to award
contracts in the
name of
the state subject to approval by the commission;
(K) Provisions for the disbursement of moneys from the
school district's project account upon issuance by the
commission
or the commission's designated representative of vouchers
for
work
done to
be certified to the commission by the treasurer
of the
school district board;
(L) Disposal of any balance left in the school district's
project construction fund upon completion of the
project;
(M) Limitations upon use of the project or any part of it
so
long as any obligations
issued to finance the project under
section 3318.26 of the Revised
Code are outstanding;
(N) Provision for vesting the state's interest in the
project
to the school district board when the
obligations issued
to finance the project under section 3318.26 of the
Revised Code
are outstanding;
(O) Provision for deposit of an executed copy of the
agreement in the office of the commission;
(P) Provision for termination of the contract and release
of
the funds encumbered at the time of the conditional approval,
if
the proceeds of the sale of the bonds of the school district
board
are not paid into the school district's project
construction
fund
and if bids for the construction of
the project have not been
taken within such period after the
execution of the agreement as
may be fixed by the
commission;
(Q) Provision for the school district to maintain the
project in
accordance with a plan approved by the commission;
(R)(1) For all school districts except
a district
undertaking a
project under section 3318.38 of the Revised Code
or
a joint vocational school district undertaking a project under
sections 3318.40 to 3318.45 of the Revised Code,
provision
that
all
state funds reserved and
encumbered
to pay
the state
share of
the cost of the project
pursuant to
section
3318.03 of
the
Revised
Code be spent on the
construction
or
acquisition of
the project
prior to the
expenditure of any
funds
provided by the
school
district to pay
for its share of the
project cost, unless
the
school district
certifies to the
commission that expenditure
by
the school
district is
necessary to
maintain the tax-exempt
status
of notes
or bonds issued by the
school district to pay for
its
share of the
project cost
or to
comply with applicable
temporary
investment
periods or spending
exceptions to rebate as
provided
for under
federal law in regard
to those notes or bonds,
in which
cases, the
school district
may commit to
spend, or
spend, a
portion
of the funds it
provides;
(2) For
a school
district undertaking a project
under section
3318.38 of the Revised Code
or a joint vocational
school district undertaking a project under sections 3318.40 to
3318.45 of the Revised Code, provision that the state funds
reserved and encumbered and the funds provided by the school
district to pay the basic project cost of any segment of the
project, or of the entire project if it is not divided into
segments, be spent on the construction and acquisition of the
project simultaneously in proportion to the state's and the school
district's respective shares of that basic project cost as
determined under section 3318.032 of the Revised Code
or, if the
district is a joint vocational school district, under section
3318.42 of the Revised Code.
(S) A provision stipulating that the commission may
prohibit
the
district from proceeding with any project if the
commission
determines that
the site is not suitable for
construction
purposes. The commission may
perform soil tests in
its
determination of whether a site is appropriate for
construction
purposes.
(T) A provision stipulating that, unless otherwise
authorized by the commission, any contingency
reserve portion of
the construction budget prescribed by the
commission shall be used
only to pay costs resulting from
unforeseen job conditions, to
comply with rulings regarding
building and other codes, to pay
costs related to design
clarifications or corrections to contract
documents, and to pay
the costs of settlements or judgments
related to the project as
provided under section 3318.086 of the
Revised Code;
(U) Provision stipulating that for continued release of project funds the school district board shall comply with section 3313.41 of the Revised Code throughout the project;
(V) Provision that the commission shall not approve a contract for demolition of a facility until the school district board has complied with section 3313.41 of the Revised Code relative to that facility, unless demolition of that facility is to clear a site for construction of a replacement facility included in the district's project.
Sec. 3318.30. (A) There is hereby created
the Ohio school
facilities
commission. The commission shall administer the
provision of
financial assistance to school districts for the
acquisition or
construction of classroom facilities in accordance
with sections
3318.01 to 3318.33 of the Revised Code.
The commission is a body corporate and politic, an agency
of
state government and an instrumentality of the state,
performing
essential governmental functions of this state. The
carrying out
of the purposes and the exercise by the commission
of its powers
conferred by sections 3318.01 to 3318.33 of the
Revised Code are
essential public
functions and public purposes of the state. The
commission may,
in its own name, sue and be sued, enter into
contracts, and
perform all the powers and duties given to it by
sections
3318.01 to 3318.33 of the
Revised Code, but it does not
have and
shall not exercise the power of eminent domain. In its discretion and as it determines appropriate, the commission may delegate to any of its members, executive director, or other employees any of the commission's powers and duties to carry out its functions.
(B) The commission shall
consist of seven members, three of
whom are voting members. The
voting members of the commission
shall be the director of the
office of budget and management, the
director
of administrative services, and the superintendent of
public
instruction, or their designees. Of the nonvoting members,
two
shall be members of the senate appointed by the president of
the senate, and two shall be members of the house of
representatives appointed by the speaker of the house. Each of
the appointees
of the president, and each of the appointees of the
speaker, shall be members
of different political parties.
Nonvoting members shall serve as members of the commission
during the legislative biennium for which they are appointed,
except that any such member 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. Each nonvoting member
shall be
appointed within thirty-one days of the end of the term
of that
member's predecessor. Such members may be reappointed.
Vacancies
of nonvoting members shall be filled in the manner
provided for
original appointments.
Members of the commission shall serve without
compensation.
After the initial nonvoting members of the commission have
been appointed, the commission shall meet and organize by
electing
voting members as the chairperson and vice-chairperson
of the
commission, who shall hold their
offices until the next
organizational meeting of the commission.
Organizational meetings
of the commission shall be held at the
first meeting of each
calendar year. At each organizational
meeting, the commission
shall elect from among its voting
members a chairperson and
vice-chairperson, who shall serve until the next
annual
organizational meeting. The commission shall adopt rules
pursuant
to section 111.15 of the
Revised Code for the conduct of its
internal business and shall keep a journal of its proceedings.
Including the organizational meeting, the commission shall meet
at
least once each calendar quarter.
Two voting members of the commission constitute a quorum,
and
the affirmative vote of two members is necessary for
approval of
any action taken by the commission. A vacancy in
the membership
of the commission does not impair a quorum from
exercising all the
rights and performing all the duties of the
commission. Meetings
of the commission may be held anywhere in
the state and shall be
held in compliance with section 121.22
of the Revised Code.
(C) The commission shall
file an annual report of its
activities and finances with the
governor, speaker of the house of
representatives, president of
the senate, and chairpersons of the
house and senate finance
committees.
(D) The commission shall
be exempt from the requirements of
sections 101.82 to
101.87 of the Revised Code.
Sec. 3318.31. (A) The Ohio school facilities
commission
may
perform any act and ensure the performance of any
function
necessary or appropriate to carry out the purposes of,
and
exercise the powers granted under, Chapter 3318. of
the Revised
Code, including any of the following:
(1) Adopt, amend, and
rescind, pursuant to section 111.15 of
the
Revised Code, rules for the
administration of programs
authorized under Chapter
3318. of the Revised Code.
(2) Contract with, retain the services of, or designate,
and
fix the
compensation
of, such agents, accountants,
consultants,
advisers,
and other independent contractors as may be
necessary or
desirable to carry out the programs authorized under
Chapter 3318.
of the Revised Code, or authorize the executive director to perform such powers and duties.
(3) Receive and accept
any gifts, grants, donations, and
pledges, and receipts
therefrom, to be used for the programs
authorized under
Chapter 3318. of the Revised Code.
(4) Make and enter into
all contracts, commitments, and
agreements, and execute all
instruments, necessary or incidental
to the performance of its
duties and the execution of its rights
and powers under Chapter
3318. of the Revised Code, or authorize the executive director to perform such powers and duties.
(B)
The commission shall appoint and fix the compensation of
an executive director who shall serve at the pleasure of the
commission. The executive director shall supervise the operations
of the commission and perform such other duties as delegated by the commission. The executive director also shall employ and
fix the compensation of such employees as will facilitate the
activities and purposes of the commission, who shall serve at the
pleasure of the executive director.
The employees of the
commission shall be exempt from Chapter 4117. of the Revised Code
and shall not be public employees as defined in section 4117.01 of
the Revised Code.
(C) The attorney general shall serve
as the legal
representative for the commission and may appoint other counsel
as
necessary for that purpose in accordance with section 109.07 of
the
Revised Code.
Sec. 3318.37. (A)(1) As used in this section:
(1)(a) "Large land area school district" means a school district with a territory of greater than three hundred fifty square miles in any percentile as determined under section 3318.011 of the Revised Code.
(b) "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)(c) A "school district with an exceptional need for
immediate classroom
facilities assistance" means a low wealth or large land area
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
(2) 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 the year of the application for 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, except for such districts described in division (A)(3) of this section,
shall not be eligible for assistance
under this
section.
(3) School districts that participate in the school building assistance expedited local partnership program under section 3318.36 of the Revised Code may receive assistance under the program established under this section only if the following conditions are satisfied:
(a) The district board adopted a resolution certifying its intent to participate in the school building assistance expedited local partnership program under section 3318.36 of the Revised Code prior to September 14, 2000.
(b) The district was selected by the Ohio school facilities commission for participation in the school building assistance expedited local partnership program under section 3318.36 of the Revised Code in the manner prescribed by the commission under that section as it existed prior to September 14, 2000.
(B)(1) There is hereby established the exceptional needs
school
facilities assistance program. Under the program, the Ohio
school facilities commission may set aside 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 to use in applying for assistance under this section.
(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. However, the commission need
not conduct the evaluation of
facilities if the commission determines that
a district's assessment
conducted under section 3318.36 of the Revised Code
is sufficient
for purposes of this section.
(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.
(C) No school district shall receive assistance under this section for a classroom facility that has been included in the discrete part of the district's classroom facilities needs identified and addressed in the district's project pursuant to an agreement entered into under section 3318.36 of the Revised Code.
Sec. 3318.41. (A)(1) The Ohio school facilities commission
annually shall assess the classroom facilities needs of the number
of joint vocational school districts that the commission
reasonably expects to be able to provide assistance to in a fiscal
year, based on the amount set aside for that fiscal year under
division (B) of section 3318.40 of the Revised Code and the order
of priority prescribed in division (B) of section 3318.42 of the
Revised Code, except that in fiscal year 2004 the commission shall
conduct at least the five assessments prescribed in division (E)
of section 3318.40 of the Revised Code.
Upon
conducting an
assessment of the
classroom facilities
needs of a school
district, the commission
shall make a
determination of all of the
following:
(a) The number of classroom
facilities to be included in
a project, including classroom
facilities authorized by a bond
issuedescribed in section
3318.033 of the Revised Code, and the
basic project cost of
acquiring the classroom facilities included
in the project. The number of facilities and basic project cost
shall be determined in accordance with the specifications adopted
under section 3318.311 of the Revised Code except to the extent
that compliance with such specifications is waived by the
commission pursuant to the rule of the commission adopted under
division (F) of section 3318.40 of the Revised Code.
(b) The school district's portion of the basic project cost
as determined under division (C) of section 3318.42 of the Revised
Code;
(c) The remaining portion of the basic project cost that
shall be supplied by the state;
(d) The amount of the state's portion of the basic project
cost to be encumbered in accordance with section 3318.11 of the
Revised Code in the current and subsequent fiscal bienniums from
funds set aside under division (B) of section 3318.40 of the
Revised Code.
(2) Divisions (A), (C), and (D) of section 3318.03 of the
Revised Code apply to any project under sections 3318.40 to
3318.45 of the Revised Code.
(B)(1) If the commission makes a determination under
division (A) of this section in favor of the acquisition of
classroom facilities for a project under sections 3318.40 to
3318.45 of the Revised Code, such project shall be conditionally
approved. Such conditional approval shall be submitted to the
controlling board for approval. The controlling board shall
immediately approve or reject the commission's determination,
conditional approval, the amount of the state's portion of the
basic project cost, and the amount of the state's portion of the
basic project cost to be encumbered in the current fiscal
biennium. In the event of approval by the controlling board, the
commission shall certify the conditional approval to the joint
vocational school district board of education and shall encumber
the approved funds for the current fiscal year.
(2) No school district that receives assistance under
sections 3318.40 to 3318.45 of the Revised Code shall have another
such project conditionally approved until the expiration of twenty
years after the school district's prior project was conditionally
approved, unless the school district board demonstrates to the
satisfaction of the commission that the school district has
experienced since conditional approval of its prior project an
exceptional increase in enrollment or program requirements
significantly above the school district's design capacity under
that prior project as determined by rule of the commission. Any
rule adopted by the commission to implement this division shall be
tailored to address the classroom facilities needs of joint
vocational school districts.
(C) In addition to generating the amount of the school
district's portion of the basic project cost as determined under
division (C) of section 3318.42 of the Revised Code, in order for
a school district to receive assistance under sections 3318.40 to
3318.45 of the Revised Code, the school district board shall set
aside school district moneys for the maintenance of the classroom
facilities included in the school district's project in the amount
and manner prescribed in section 3318.43 of the Revised Code.
(D)(1) The conditional approval for a project certified
under division (B)(1) of this section shall lapse and the amount
reserved and encumbered for such project shall be released unless
both of the following conditions are satisfied:
(a) Within one hundred twenty days following the date of
certification of the conditional approval to the joint vocational
school district board, the school district board accepts the
conditional approval and certifies to the commission the school
district board's plan to generate the school district's portion of
the basic project cost, as determined under division (C) of
section 3318.42 of the Revised Code, and to set aside moneys for
maintenance of the classroom facilities acquired under the
project, as prescribed in section 3318.43 of the Revised Code.
(b) Within one year following the date of certification of
the conditional approval to the school district board, the
electors of the school district vote favorably on any ballot
measures proposed by the school district board to generate the
school district's portion of the basic project cost.
(2) If the school district board or electors fail to
satisfy the conditions prescribed in division (D)(1) of this
section and the amount reserved and encumbered for the school
district's project is released, the school district shall be given
first priority over other joint vocational school districts for
project funding under sections 3318.40 to 3318.45 of the Revised
Code as such funds become available.
(E) If the conditions prescribed in division (D)(1) of this
section are satisfied, the commission and the school district
board shall enter into an agreement as prescribed in section
3318.08 of the Revised Code and shall proceed with the development
of plans, cost estimates, designs, drawings, and specifications as
prescribed in section 3318.091 of the Revised Code.
(F) Costs in excess of those approved by the commission
under section 3318.091 of the Revised Code shall be payable only
as provided in sections 3318.042 and 3318.083 of the Revised Code.
(G) Advertisement for bids and the award of contracts for
construction of any project under sections 3318.40 to 3318.45 of
the Revised Code shall be conducted in accordance with section
3318.10 of the Revised Code.
(H) The state funds reserved and encumbered and the funds
provided by the school district to pay the basic project cost of a
project under sections 3318.40 to 3318.45 of the Revised Code
shall be spent simultaneously in proportion to the state's and the
school district's respective portions of that basic project cost.
(I) Sections 3318.13, 3318.14, and 3318.16 of the Revised
Code apply to projects under sections 3318.40 to 3318.45 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 or 3311.059 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 or 3311.059 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)(1) 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.
(2) If the state board requires any examinations for educator licensure, the department of education shall provide the results of such examinations to the Ohio board of regents, in the form and manner requested by the board of regents.
(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. 3319.33. 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. 3323.16. 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 public school building to which the pupils would be assigned if attending the public school 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) Establish policies and procedures applicable to all state institutions of higher education that ensure that students can begin higher education at any state institution of higher education and transfer coursework and degrees to any other state institution of higher education without unnecessary duplication or institutional barriers. The purpose of this requirement is to allow students to attain their highest educational aspirations in the most efficient and effective manner for the students and the state. These policies and procedures shall require state institutions of higher education to make changes or modifications, as needed, to strengthen course content so as to ensure equivalency for that course at any state institution of higher education.
(2) Develop and implement a universal course equivalency classification system for state institutions of higher education so that the transfer of students and the transfer and articulation of equivalent courses or specified learning modules or units completed by students are not inhibited by inconsistent judgment about the application of transfer credits. Coursework completed within such a system at one state institution of higher education and transferred to another institution shall be applied to the student's degree objective in the same manner as equivalent coursework completed at the receiving institution.
(3) Develop a system of transfer policies that ensure that graduates with associate degrees which include completion of approved transfer modules shall be admitted to a state institution of higher education baccalaureate program, except specific limited access programs or majors that have admission requirements other than academic performance, and shall have priority over out-of-state associate degree graduates and transfer students. To assist a student in advising and transferring, all state institutions of higher education shall fully implement the course applicability system.
(4) Examine the feasibility of developing a transfer marketing agenda that includes materials and interactive technology to inform the citizens of Ohio about the availability of transfer options at state institutions of higher education and to encourage adults to return to colleges and universities for additional education;
(5) Study, in consultation with the state board of career colleges and schools, and in light of existing criteria and any other criteria developed by the articulation and transfer advisory council, the feasibility of credit recognition and transferability to state institutions of higher education for graduates who have received associate degrees from a career college or school with a certificate of registration from the state board of career colleges and schools under Chapter 3332. of the Revised Code.
(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.
(C) All provisions of the existing articulation and transfer policy developed by the board shall remain in effect except where amended by this act.
Sec. 3333.38. (A) As used in this section:
(1) "Institution of higher education" includes all of the following:
(a) A state institution of higher education, as defined in section 3345.011 of the Revised Code;
(b) A nonprofit institution issued a certificate of authorization by the Ohio board of regents under Chapter 1713. of the Revised Code;
(c) A private institution exempt from regulation under Chapter 3332. of the Revised Code, as prescribed in section 3333.046 of the Revised Code;
(d) An institution of higher education with a certificate of registration from the state board of career colleges and schools under Chapter 3332. of the Revised Code.
(2) "Student financial assistance supported by state funds" includes assistance granted under sections 3315.33, 3333.12, 3333.21, 3333.26, 3333.27, 3333.28, 3333.29, 3333.372, 5910.03, 5910.032, and 5919.34 of the Revised Code and any other post-secondary student financial assistance supported by state funds.
(B) An individual who is convicted of, pleads guilty to, or is adjudicated a delinquent child for one of the following offenses shall be permanently ineligible to receive any student financial assistance supported by state funds at an institution of higher education:
(1) A violation of section 2917.02 or 2917.03 of the Revised Code;
(2) A violation of section 2917.04 of the Revised Code that is a misdemeanor of the fourth degree and occurs within the proximate area where four or more others are acting in a course of conduct in violation of section 2917.11 of the Revised Code;
(3) A violation of section 2917.13 of the Revised Code that is a misdemeanor of the fourth or first degree and occurs within the proximate area where four or more others are acting in a course of conduct in violation of section 2917.11 of the Revised Code.
Sec. 3333.50. There is hereby created the board of regents awards and initiatives fund, which shall be in the custody of the treasurer of state but shall not be part of the state treasury. The chancellor of the board of regents may deposit such receipts into the fund as the board of regents determines appropriate from awards, prizes, grants, and gifts received by the board. No revenues derived from appropriations made by the state or student fees or student charges shall be deposited into the fund. The treasurer of state shall invest any portion of the fund not needed for immediate use in the same manner as state funds are invested. All investment earnings of the fund shall be deposited into the fund. The chancellor may use the fund in support of awards and other initiatives approved by the board. All disbursements from the fund shall be made by the treasurer of state pursuant to vouchers signed by the chancellor.
Sec. 3353.11. There is hereby created in the state treasury
the governmental television/telecommunications operating fund.
The
fund shall consist of money received from contract productions
of
the Ohio government telecommunications studio and shall be used
for operations or equipment breakdowns related to the studio.
Only
Ohio government telecommunications may authorize the
spending of
money in the fund. All
investment earnings
of the
fund shall
be
credited to the fund. Once the fund has a balance of zero, the fund shall cease to exist.
Sec. 3361.01. (A) There is hereby created a state
university to be known as the "university of Cincinnati." The
government of the university of Cincinnati is vested in a board
of eleven trustees who shall be appointed by the governor with
the advice and consent of the senate. Two of the trustees shall
be students at the university of Cincinnati, and their selection
and terms shall be in accordance with division (B) of this
section. The terms of the first nine members of the board of
trustees shall commence upon the effective date of the transfer
of assets of the state-affiliated university of Cincinnati to the
university of Cincinnati hereby created. One of such trustees
shall be appointed for a term ending on the first day of January
occurring at least twelve months after such date of transfer, and
each of the other trustees shall be appointed for respective
terms ending on each succeeding first day of January, so that one
term will expire on each first day of January after expiration of
the shortest term. Except for the two student trustees, each
successor trustee shall be appointed for a term ending on the
first day of January, nine years from the expiration date of the
term he the trustee succeeds, except that any person appointed
to fill a vacancy shall be appointed to serve only for the unexpired term.
Any trustee shall continue in office subsequent to the
expiration date of his the trustee's term until his
the trustee's successor takes office, or until a period of sixty days
has elapsed, whichever occurs first.
No person who has served a full nine-year term or longer or
more than six years of such a term shall be eligible to
reappointment. No person is eligible for appointment to the
board of trustees for a full nine-year term who is not at the
time of appointment a resident of the city of Cincinnati, unless
at the time of such appointment there are at least five members
of the board who are not students and who are residents of the
city of Cincinnati.
The trustees shall receive no compensation for their
services but shall be paid their reasonable necessary expenses
while engaged in the discharge of their official duties. A
majority of the board constitutes a quorum.
(B) The student members of the board of trustees of the
university of Cincinnati have no voting power on the board.
Student members shall not be considered as members of the board
in determining whether a quorum is present. Student members
shall not be entitled to attend executive sessions of the board.
The student members of the board shall be appointed by the
governor, with the advice and consent of the senate, from a group
of five candidates selected pursuant to a procedure adopted by
the university's student governments and approved by the
university's board of trustees. The initial term of office of
one of the student members shall commence on May 14, 1988 and
shall expire on May 13, 1989, and the initial term of office of
the other student member shall commence on May 14, 1988 and
expire on May 13, 1990. Thereafter, terms of office of student
members shall be for two years, each term ending on the same day
of the same month of the year as the term it succeeds. In the
event that a student cannot fulfill his a two-year term, a
replacement shall be selected to fill the unexpired term in the
same manner used to make the original selection.
Sec. 3375.41. When a board of library trustees appointed
pursuant to sections 3375.06, 3375.10, 3375.12, 3375.15, 3375.22,
and 3375.30 of the Revised Code determines to construct,
demolish, alter, repair, or reconstruct a library or make any
improvements or repairs, the cost of which will exceed fifteen twenty-five
thousand dollars, except in cases of urgent necessity or for the
security and protection of library property, it shall proceed as
follows:
(A) The board shall advertise for a period of four weeks
for bids in some newspaper of general circulation in the district,
and if there are two such papers, the board shall advertise in
both of them. If no newspaper has a general circulation in the
district, the board shall advertise by posting such the advertisement
in three public places therein in the district. Such The advertisement shall be
entered in full by the clerk on the record of proceedings of the
board.
(B) The sealed bids shall be filed with the clerk by
twelve noon of the last day stated in the advertisement.
(C) The bids shall be opened at the next meeting of the
board, shall be publicly read by the clerk, and shall be entered
in full on the records of the board; provided, that the board may,
by resolution, may provide for the public opening and reading of such the
bids by the clerk, immediately after the time for filing such the
bids has expired, at the usual place of meeting of the board, and
for the tabulation of such the bids and a report of such the tabulation
to the board at its next meeting.
(D) Each bid shall contain the name of every person
interested therein, in it and shall meet the requirements of section
153.54 of the Revised Code.
(E) When both labor and materials are embraced in the work
bid for, the board may require that each be separately stated in
the bid, with the price thereof of each, or may require that bids be
submitted without such that separation.
(F) None but the lowest responsible bid shall be accepted.
The board may reject all the bids or accept any bid for both
labor and material for such the improvement or repair which is the
lowest in the aggregate.
(G) The contract shall be between the board and the
bidders. The board shall pay the contract price for the work in
cash at the times and in the amounts as provided by sections
153.12, 153.13, and 153.14 of the Revised Code.
(H) When two or more bids are equal, in whole or in part,
and are lower than any others, either may be accepted, but in no
case shall the work be divided between such bidders.
(I) When there is reason to believe there is collusion or
combination among the bidders, the bids of those concerned in
such the collusion or combination shall be rejected.
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. Nothing in this section prohibits an educational institution from requesting that its applicants for admission demonstrate beliefs or principles consistent with the mission of the institution.
Sec. 3379.11. There is hereby created in the state treasury the gifts and donations fund. The fund shall consist of gifts and donations made to the Ohio arts council and fees paid for conferences the council sponsors. The fund shall be used to pay for the council's operating expenses, including, but not limited to, payroll, personal services, maintenance, equipment, and subsidy payments. All moneys deposited into the fund shall be received and expended pursuant to the council's duty to foster and encourage the development of the arts in this state and the preservation of the state's cultural heritage.
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. 3503.10. (A) Each designated agency shall designate
one person within that agency to serve as coordinator for the
voter registration program within the agency and its departments,
divisions, and programs. The designated person shall be trained
under a program designed by the secretary of state and shall be
responsible for administering all aspects of the voter
registration program for that agency as prescribed by the
secretary of state. The designated person shall receive no
additional compensation for performing such duties.
(B) Every designated agency, public high school and vocational
school, public library, and office of a county treasurer shall provide in
each of its
offices or locations voter registration applications and
assistance in the registration of persons qualified to register
to vote, in accordance with this chapter.
(C) Every designated agency shall distribute to its
applicants, prior to or in conjunction with distributing a voter
registration application, a form prescribed by the secretary of
state that includes all of the following:
(1) The question, "Do you want to register to vote or update your current
voter
registration?"--followed by boxes for the applicant to indicate whether
the applicant would like to register or decline to register
to vote, and the
statement, highlighted in bold print, "If you do not check either
box, you will be considered to have decided not to register to
vote at this time.";
(2) If the agency provides public assistance, the
statement, "Applying to register or declining to register to vote
will not affect the amount of assistance that you will be
provided by this agency.";
(3) The statement, "If you would like help in filling out
the voter registration application form, we will help you. The
decision whether to seek or accept help is yours. You may fill
out the application form in private.";
(4) The statement, "If you believe that someone has
interfered with your right to register or to decline to register
to vote, your right to privacy in deciding whether to register or
in applying to register to vote, or your right to choose your own
political party or other political preference, you may file a
complaint with the prosecuting attorney of your county or with
the secretary of state," with the address and telephone number
for each such official's office.
(D) Each designated agency shall distribute a voter
registration form prescribed by the secretary of state to each
applicant with each application for service or assistance, and
with each written application or form for recertification,
renewal, or change of address.
(E) Each designated agency shall do all of the following:
(1) Have employees trained to administer the voter
registration program in order to provide to each applicant who
wishes to register to vote and who accepts assistance, the same
degree of assistance with regard to completion of the voter
registration application as is provided by the agency with regard
to the completion of its own form;
(2) Accept completed voter registration applications,
voter registration change of residence forms, and voter
registration change of name forms, regardless of whether the
application or form was distributed by the designated agency, for
transmittal to the office of the board of elections in the county
in which the agency is located. Each designated agency and the
appropriate board of elections shall establish a method by which
the voter registration applications and other voter registration
forms are transmitted to that board of elections within five days
after being accepted by the agency.
(3) If the designated agency is one that is primarily
engaged in providing services to persons with disabilities under
a state-funded program, and that agency provides services to a
person with disabilities at a person's home, provide the services
described in divisions (E)(1) and (2) of this section at the
person's home;
(4) Keep as confidential, except as required by the
secretary of state for record-keeping purposes, the identity of
an agency through which a person registered to vote or updated
the person's voter registration records, and information
relating to a
declination to register to vote made in connection with a voter
registration application issued by a designated agency.
(F) The secretary of state shall prepare and transmit
written instructions on the implementation of the voter
registration program within each designated agency, public high
school and vocational school, public library, and office of a county
treasurer. The
instructions shall include directions as follows:
(1) That each person designated to assist with voter
registration maintain strict neutrality with respect to a
person's political philosophies, a person's right to register or
decline to register, and any other matter that may influence a
person's decision to register or not register to vote;
(2) That each person designated to assist with voter
registration not seek to influence a person's decision to
register or not register to vote, not display or demonstrate any
political preference or party allegiance, and not make any
statement to a person or take any action the
purpose or effect of which is to lead a person to believe that a
decision to register or not register has any bearing on the
availability of services or benefits offered,
on the grade in a particular class in school, or on credit for a particular
class in school;
(3) Regarding when and how to assist a person in
completing the voter registration application, what to do with
the completed voter registration application or voter
registration update form, and when the application must be
transmitted to the appropriate board of elections;
(4) Regarding what records must be kept by the agency and
where and when those records should be transmitted to satisfy
reporting requirements imposed on the secretary of state under
the National Voter Registration Act of 1993;
(5) Regarding whom to contact to obtain answers to
questions about voter registration forms and procedures.
(G) If the voter registration activity is part
of an in-class voter registration program in a public high school
or vocational school, whether prescribed by the secretary of state
or independent of the secretary of state, the board of education shall
do all of the following:
(1) Establish a schedule of school days and hours during these days
when the person designated to assist with voter registration shall provide
voter registration assistance;
(2) Designate a person to assist with voter
registration from the public high
school's or vocational school's staff;
(3) Make voter registration applications and materials available, as
outlined in the voter registration program established by the secretary of
state pursuant to section 3501.05 of the Revised Code;
(4) Distribute the statement, "applying to register or declining to
register to vote will not affect or be a condition of your receiving a
particular grade in or credit for a school course or class, participating in a
curricular or extracurricular activity, receiving a benefit or privilege, or
participating in a program or activity otherwise available to pupils enrolled
in this school district's schools.";
(5) Establish a method by which the voter registration application and
other voter registration forms are transmitted to the board of elections
within five days after being accepted by the public high school or vocational
school.
(H) Any person employed by the designated agency,
public high school or vocational school, public library, or office of a county
treasurer may be designated to assist with voter
registration pursuant to this section. The designated agency, public
high school or vocational school, public library, or office of a county
treasurer shall provide the
designated person, and make available such space as may be
necessary, without charge to the county or state.
(I) The secretary of state shall prepare and cause to be
displayed in a prominent location in each designated agency a
notice that identifies the person designated to assist with voter
registration, the nature of that person's duties, and where and
when that person is available for assisting in the registration
of voters.
A designated agency may furnish additional supplies and
services to disseminate information to increase public awareness
of the existence of a person designated to assist with voter
registration in every designated agency.
(J) This section does not limit any authority a board of
education, superintendent, or principal has to allow, sponsor, or
promote voluntary election registration programs within a high
school or vocational school, including programs in which pupils
serve as persons designated to assist with voter registration,
provided that no pupil is required to participate.
(K) Each public library and office of the county treasurer shall
establish a method by which voter registration forms are transmitted to the
board of elections within five days after being accepted by the public library
or office of the county treasurer.
(L) The department of job and family services and its departments, divisions, and programs shall limit administration of the aspects of the voter registration program for the department to the requirements prescribed by the secretary of state and the requirements of this section and the National Voter Registration Act of 1993.
Sec. 3505.01. On the sixtieth day before the day of the
next general election, the secretary of state shall certify to
the board of elections of each county the forms of the official
ballots to be used at such that general election, together with the
names of the candidates to be printed thereon on those ballots whose candidacy is
to be submitted to the electors of the entire state. In the case
of the presidential ballot for a general election such, that
certification shall be made on the sixtieth fifty-fifth day before the day of
the general election. On the seventy-fifth day before a special
election to be held on the day specified by division (E) of
section 3501.01 of the Revised Code for the holding of a primary
election, designated by the general assembly for the purpose of
submitting to the voters of the state constitutional amendments
proposed by the general assembly, the secretary of state shall
certify to the board of elections of each county the forms of the
official ballots to be used at such that election.
The board of the most populous county in each district
comprised of more than one county but less than all of the
counties of the state, in which there are candidates whose
candidacies are to be submitted to the electors of such that district,
shall, on the sixtieth day before the day of the next general
election, certify to the board of each county in such the district
the names of such those candidates to be printed on such ballots.
The board of a county in which the major portion of a
subdivision, located in more than one county, is located shall,
on the sixtieth day before the day of the next general election,
certify to the board of each county in which other portions of
such subdivisions that subdivision are located the names of candidates whose
candidacies are to be submitted to the electors of such that
subdivision, to be printed on such ballots.
If, subsequently to the sixtieth day before, or in the case of a presidential ballot for a general election the fifty-fifth day before, and prior to
the tenth day before the day of such a general election, a
certificate is filed with the secretary of state to fill a
vacancy caused by the death of a candidate, the secretary of
state shall forthwith make a supplemental certification to the
board of each county amending and correcting his the secretary of
state's
original
certification provided for in the first paragraph of this
section. If, within such that time, such a certificate is filed with
the board of the most populous county in a district comprised of
more than one county but less than all of the counties of the
state, or with the board of a county in which the major portion
of the population of a subdivision, located in more than one
county, is located, such the board with which such a the certificate is
filed shall forthwith make a supplemental certification to the
board of each county in such the district or to the board of each
county in which other portions of such the subdivision are located,
amending and correcting its original certification provided for
in the second and third paragraphs of this section. If, at the
time such supplemental certification is received by a board,
ballots carrying the name of the deceased candidate have been
printed, such the board shall cause strips of paper bearing the name
of the candidate certified to fill such the vacancy to be printed and
pasted on such those ballots so as to cover the name of the deceased
candidate, except that in voting places using marking devices,
the board shall cause strips of paper bearing the revised list of
candidates for the office, after certification of a candidate to
fill such the vacancy, to be printed and pasted on such the ballot card cards
so as to cover the names of candidates shown prior to the new
certification, before such ballots are delivered to electors.
Sec. 3505.061. (A) The Ohio ballot board, as authorized
by
Section 1 of Article XVI, Ohio Constitution, shall consist of
the
secretary of state and four appointed members. No more than
two
of the appointed members shall be of the same political
party.
One
of the members shall be appointed by the president of
the
senate,
one shall be appointed by the
minority leader
of
the
senate, one shall be appointed by the speaker of the house
of
representatives, and one shall be appointed by the minority
leader
of the house of representatives. The appointments shall
be made
no later than the last Monday in January in the year in
which the
appointments are to be made. If any appointment is not
so made,
the secretary of state, acting in place of the person
otherwise
required to make the appointment, shall appoint as many
qualified
members affiliated with the appropriate political party
as are
necessary.
(B)(1) The initial appointees to the board shall serve until
the first Monday in February, 1977. Thereafter, terms of office
shall be for four years, each term ending on the first Monday in
February. The term of the secretary of state on the board shall
coincide with
the secretary of state's term of office.
Except as otherwise provided in division (B)(2) of this section, division
(B)(2) of section 3505.063, and division (B)(2) of section 3519.03
of the Revised Code, each appointed member
shall hold
office from the date of
appointment until the end of the term
for which
the member was
appointed.
Except as otherwise provided in
those divisions, 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.
Except as otherwise provided in those
divisions, any member shall continue in office subsequent to the
expiration date
of
the member's term until
the member's
successor takes office or
a period
of sixty days has
elapsed, whichever occurs first. Any vacancy
occurring on the
board shall be filled in the manner provided for
original
appointments. A member appointed to fill a vacancy
shall be of
the same political party as that required of the
member whom
the member replaces.
(2) The term of office of a member of the board who also is a member of the general assembly and who was appointed to the board by the president of the senate, the minority leader of the senate, the speaker of the house of representatives, or the minority leader of the house of representatives shall end on the earlier of the following dates:
(a) The ending date of the ballot board term for which the member was appointed;
(b) The ending date of the member's term as a member of the general assembly.
(C) Members of the board shall serve without compensation
but shall be reimbursed for expenses actually and necessarily
incurred in the performance of their duties.
(D) The secretary of state shall be the
chairperson
of
the board, and
the secretary of state or
the
secretary
of state's representative shall have a vote equal to
that of any
other member. The
vice-chairperson
shall act as
chairperson in the absence or disability of the
chairperson, or during
a vacancy in that office. The board shall
meet after notice of
at least seven days at a time and place
determined by the
chairperson. At its first meeting, the
board shall
elect a
vice-chairperson from among its
members for a term
of two years, and
it shall adopt rules for its
procedures. After the first
meeting, the board shall meet at the
call of the
chairperson or upon
the written request of
three other members. Three members
constitute a quorum. No
action shall be taken without the
concurrence of three members.
(E) The secretary of state shall provide
technical,
professional, and clerical employees as
necessary for the
board to carry out its duties.
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. 3505.10. (A) On the presidential ballot below the stubs
at the top of the face of the ballot shall be printed "Official
Presidential Ballot" centered between the side edges of the
ballot. Below "Official Presidential Ballot" shall be printed a
heavy line centered between the side edges of the ballot. Below
the line shall be printed "Instruction to Voters" centered
between the side edges of the ballot, and below such those words shall
be printed the following instructions:
"(A)(1) To vote for the candidates for president and
vice-president whose names are printed below, record your
vote in the manner provided next to the
names of such candidates. That recording of the vote will be counted as a
vote for each of the
candidates for presidential elector whose names have been
certified to the secretary of state and who are members of the
same political party as the nominees for president and
vice-president. A recording of the vote for
independent
candidates for
president and vice-president shall be counted as a vote for the
presidential electors filed by such candidates with the secretary
of state.
(B)(2) To vote for candidates for president and
vice-president in the blank space below, record your
vote in
the manner provided and write the names of your
choice for
president and vice-president under the respective headings
provided for those offices. Such write-in will be counted as a
vote for the candidates' presidential electors whose names have
been properly certified to the secretary of state.
(C)(3) If you tear, soil, deface, or erroneously mark this
ballot, return it to the precinct election officers or, if you cannot
return
it, notify the precinct election officers, and obtain
another ballot."
(B) Below such those instructions to the voter shall be printed a
single vertical column of enclosed rectangular spaces equal in
number to the number of presidential candidates plus one
additional space for write-in candidates. Each of such those
rectangular spaces shall be enclosed by a heavy line along each
of its four sides, and such spaces shall be separated from each
other by one-half inch of open space.
In each of such those enclosed rectangular spaces, except the
space provided for write-in candidates, shall be printed the
names of the candidates for president and vice-president certified to the secretary of state or
nominated as such in one of the following manners:
(1) Nominated by the national convention of a political party
to which delegates and alternates were elected in this state at
the next preceding primary election and the names of those
independent candidates nominated. A political party certifying candidates so nominated shall certify the names of those candidates to the secretary of state on or before the sixtieth day before the day of the general election.
(2) Nominated by nominating petition in accordance with
section 3513.257 of the Revised Code. The Such a petition shall be filed on or before the seventy-fifth day before the day of the general election to provide sufficient time to verify the sufficiency and accuracy of signatures on it.
(3) Certified to the secretary of state for placement on the presidential ballot by authorized officials of an intermediate or minor political party that has held a state or national convention for the purpose of choosing those candidates or that may, without a convention, certify those candidates in accordance with the procedure authorized by its party rules. The officials shall certify the names of those candidates to the secretary of state on or before the sixtieth day before the day of the general election. The certification shall be accompanied by a designation of a sufficient number of presidential electors to satisfy the requirements of law.
The names of candidates
for electors of president and vice-president shall not be placed
on the ballot, but shall be certified to the secretary of state
as required by sections 3513.11 and 3513.257 of the Revised Code.
The names of candidates for president and vice-president may be
certified to the secretary of state, for placement on the
presidential ballot, by authorized officials of an intermediate
or minor political party which has held a state or national
convention for the purpose of choosing such candidates, or which
may, without convention, certify such candidates in accordance
with the procedure authorized by its party rules. Certification
to the secretary of state of such candidates shall be made on or
before the seventy-fifth day before the day of the general
election and shall be accompanied by designation of a sufficient
number of presidential electors to satisfy the requirements of
law. A vote for any of such candidates for president and
vice-president shall be a vote for the electors of such those
candidates whose names have been certified to the secretary of
state.
(C) The arrangement of the printing in each of such the enclosed
rectangular spaces shall be substantially as follows: Near the
top and centered within the rectangular space shall be printed
"For President" in ten-point boldface upper and lower case type.
Below "For President" shall be printed the name of the candidate
for president in twelve-point boldface upper case type. Below
the name of the candidate for president shall be printed the name
of the political party by which such that candidate for president was
nominated in eight-point lightface upper and lower case type.
Below the name of such political party shall be printed "For
Vice-President" in ten-point boldface upper and lower case type.
Below "For Vice-President" shall be printed the name of the
candidate for vice-president in twelve-point boldface upper case
type. Below the name of the candidate for vice-president shall
be printed the name of the political party by which such that
candidate for vice-president was nominated in eight-point
lightface upper and lower case type. No political identification
or name of any political party shall be printed below the names
of presidential and vice-presidential candidates nominated by
petition.
The rectangular spaces on the ballot described in this
section shall be rotated and printed as provided in section
3505.03 of the Revised Code.
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. 3701.02. There is hereby created a department of health. The department
shall consist of a director of health and, a public health council, and the Ohio occupational therapy, physical therapy, and athletic trainers board.
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 The duties of the subcommittee include, but are not limited to, the monitoring of care and treatment of children and adults who suffer from hemophilia or from other similar blood disorders.
The
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. 3701.342. After consultation with the public health
standards task force established under section 3701.343 of the
Revised Code, the public health council shall adopt rules
establishing minimum standards and optimum achievable standards
for boards of health and local health departments. The minimum
standards shall assure that boards of health and local health
departments provide for the following:
(A) Analysis and prevention of communicable disease;
(B) Analysis of the causes of, and appropriate treatment
for, the leading causes of morbidity and mortality;
(C) The administration and management of the local health
department;
(D) Access to primary health care by medically underserved
individuals;
(E) Environmental health management programs;
(F) Health promotion services designed to encourage
individual and community wellness.
The public health council shall adopt rules establishing a
formula for distribution of state health district subsidy funds
to boards of health and local health departments. The formula
shall provide no subsidy funds to a board or department unless it
meets minimum standards and shall provide higher funding levels
for boards and districts that meet optimum achievable standards.
Notwithstanding section 119.03 of the Revised Code, rules
adopted under this section shall not take effect unless approved
by concurrent resolution of the general assembly.
Sec. 3701.61. (A) The department of health shall establish
the help me grow program for the purpose of encouraging early
prenatal and well-baby care. The program shall include
distributing subsidies to counties to provide the following
services:
(1) Home-visiting services to newborn infants and their
families;
(2) Services to infants and toddlers under three years of
age who are at risk for, or who have, a developmental delay or
disability and their families.
(B) The department shall not provide home-visiting services
under the help me grow program unless requested in writing by a
parent of the infant or toddler.
(C) Pursuant to Chapter 119. of the Revised Code, the
department shall adopt rules that are necessary and proper to
implement this section.
Sec. 3701.82. (A) A brazier, salamander, space heater,
room heater, furnace, water heater, or other burner or heater
using wood, coal, coke, fuel oil, kerosene, gasoline, natural
gas, liquid petroleum gas, or similar fuel, and tending to give
off carbon monoxide or other harmful gases:
(1) When used in living quarters, or in any enclosed
building or space in which persons are usually present, shall be
used with a flue or vent so designed, installed, and maintained
as to vent the products of combustion outdoors; except in
storage, factory, or industrial buildings which are provided with
sufficient ventilation to avoid the danger of carbon monoxide
poisoning;
(2) When used as a portable or temporary burner or heater
at a construction site, or in a warehouse, shed, or structure in
which persons are temporarily present, shall be vented as
provided in division (A)(1) of this section, or used with
sufficient ventilation to avoid the danger of carbon monoxide
poisoning.
(B) This section does not apply to domestic ranges,
laundry stoves, gas logs installed in a fireplace with an
adequate flue, or hot plates, unless the same are used as space
or room heaters.
(C) No person shall negligently use, or, being the owner,
person in charge, or occupant of premises, negligently permit the
use of a burner or heater in violation of the standards for
venting and ventilation provided in this section.
(D) Division (A) of this section does not apply to any
kerosene-fired space or room heater that is equipped with an
automatic extinguishing tip-over device, or to any natural
gas-fired or liquid petroleum gas-fired space or room heater that
is equipped with an oxygen depletion safety shutoff system, and
that has its fuel piped from a source outside of the building in
which it is located, that are approved by an authoritative source
recognized by the state fire marshal in the state fire code
adopted by him under section 3737.82 of the
Revised Code.
(E) The state fire marshal may make rules to ensure the
safe use of unvented kerosene, natural gas, or liquid petroleum
gas heaters exempted from division (A) of this section when used
in assembly buildings, business buildings, high hazard buildings,
institutional buildings, mercantile buildings, and type R-1 and
R-2 residential buildings, as these groups of buildings are
defined in rules adopted by the board of building and fire standards under
section 3781.10 of the Revised Code. No person shall negligently
use, or, being the owner, person in charge, or occupant of
premises, negligently permit the use of a heater in violation of
any rules adopted under this division.
(F) The state fire marshal may make rules prescribing
standards for written instructions containing ventilation
requirements and warning of any potential fire hazards that may
occur in using a kerosene, natural gas, or liquid petroleum gas
heater. No person shall sell or offer for sale any kerosene,
natural gas, or liquid petroleum gas heater unless the
manufacturer provides with the heater written instructions that
comply with any rules adopted under this division.
(G) No product labeled as a fuel additive for kerosene
heaters and having a flash point below one hundred degrees
fahrenheit or thirty-seven and eight-tenths degrees centigrade
shall be sold, offered for sale, or used in any kerosene space
heater.
(H) No device that prohibits any safety feature on a
kerosene, natural gas, or liquid petroleum gas space heater from
operating shall be sold, offered for sale, or used in connection
with any kerosene, natural gas, or liquid petroleum gas space
heater.
(I) No person shall sell or offer for sale any
kerosene-fired, natural gas, or liquid petroleum gas-fired heater
that is not exempt from division (A) of this section unless it is
marked conspicuously by the manufacturer on the container with
the phrase "Not Approved For Home Use."
(J) No person shall use a cabinet-type, liquid petroleum
gas-fired heater having a fuel source within the heater, inside
any building, except as permitted by the state fire marshal in
the state fire code adopted by him under
section 3737.82 of the Revised Code.
Sec. 3701.83. (A) There is hereby created in the state treasury the
general operations fund. Moneys in the fund shall be used for the
purposes specified in sections 3701.04, 3701.344, 3701.88, 3702.20, 3710.15,
3711.021, 3717.45, 3721.02, 3722.04, 3733.04, 3733.25, 3733.43, 3748.04,
3748.05, 3748.07, 3748.12, 3748.13, 3749.04, 3749.07, 4747.04, 4751.04, and
4769.09 of the Revised Code.
(B) The alcohol testing program fund is hereby
created in the state treasury. The director of health shall use the fund to
administer and enforce the alcohol testing and permit program
authorized by section 3701.143 of the Revised Code.
The fund shall receive
transfers from the liquor control fund created under section 4301.12
of the Revised Code. All investment earnings of the alcohol
testing program fund shall be credited to the fund.
Sec. 3701.881. (A) As used in this section:
(1) "Applicant" means both of the following:
(a) A person who is under final consideration for appointment or
employment with a home health agency in a position as a person responsible for
the care, custody, or control of a child;
(b) A person who is under final
consideration for employment with a home health agency in a full-time,
part-time, or temporary position that involves providing direct care to
an older adult. With regard to persons providing direct care to
older adults, "applicant" does not include a person who provides direct care
as a volunteer without receiving or expecting to
receive any form of
remuneration other than reimbursement for actual expenses.
(2) "Criminal records check" and "older adult" have the same meanings as in
section 109.572 of the Revised Code.
(3) "Home health agency" has the same meaning as in
section 3701.88 of the Revised Code means a person or government entity, other than a nursing home, residential care facility, or hospice care program, that has the primary function of providing any of the following services to a patient at a place of residence used as the patient's home:
(a) Skilled nursing care;
(c) Speech-language pathology;
(d) Occupational therapy;
(e) Medical social services;
(f) Home health aide services.
(4) "Home health aide services" means any of the following services provided by an individual employed with or contracted for by a home health agency:
(a) Hands-on bathing or assistance with a tub bath or shower;
(b) Assistance with dressing, ambulation, and toileting;
(c) Catheter care but not insertion;
(d) Meal preparation and feeding.
(5) "Hospice care program" has the same meaning as in section 3712.01 of the Revised Code.
(6) "Medical social services" means services provided by a social worker under the direction of a patient's attending physician.
(7) "Minor drug possession offense" has the same meaning as in section
2925.01 of the Revised Code.
(8) "Nursing home," "residential care facility," and "skilled nursing care" have the same meanings as in section 3721.01 of the Revised Code.
(9) "Occupational therapy" has the same meaning as in section 4755.01 of the Revised Code.
(10) "Physical therapy" has the same meaning as in section 4755.40 of the Revised Code.
(11) "Social worker" means a person licensed under Chapter 4757. of the Revised Code to practice as a social worker or independent social worker.
(12) "Speech-language pathology" has the same meaning as in section 4753.01 of the Revised Code.
(B)(1) Except as provided in division (I) of
this section, the chief administrator of a home
health agency shall request the superintendent of the bureau of
criminal identification and investigation to conduct a criminal
records check with respect to each applicant. If the position may involve
both
responsibility for the care, custody, or
control of a child and provision of direct care to an older adult, the chief
administrator shall request that the superintendent conduct a single
criminal records check for the 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 upon
which the criminal records check is requested or does not 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 a part of
the criminal records check for the applicant. Even if an
applicant
for whom a criminal records check request is required under this
division presents proof that the applicant has been a resident of this
state for that 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) Any person required by division (B)(1) of this section
to request a criminal records check shall provide to each
applicant for whom a criminal records check request is required under that
division a copy of the form prescribed pursuant to division
(C)(1) of section 109.572 of the Revised Code and a standard impression
sheet prescribed pursuant to division (C)(2) of section
109.572 of the Revised Code, obtain the completed form and
impression sheet from each applicant, and forward the completed
form and impression sheet to the superintendent of the bureau of
criminal identification and investigation at the time the chief
administrator requests a criminal records check pursuant to
division (B)(1) of this section.
(3) An applicant who receives pursuant to division (B)(2)
of this section a copy of the form prescribed pursuant to
division (C)(1) of section 109.572 of the Revised Code and a copy
of an impression sheet prescribed pursuant to division (C)(2) of
that section and who is requested to complete the form and
provide a set of fingerprint impressions shall complete the form
or provide all the information necessary to complete the form and
shall provide the impression sheets with the impressions of the
applicant's
fingerprints. If an applicant, upon request, fails to provide
the information necessary to complete the form or fails to
provide fingerprint impressions, the home health agency
shall not employ that
applicant
for any position for which a criminal records check
is required by division (B)(1) of this section.
(C)(1) Except as provided in rules adopted by the
department of health in accordance with
division (F) of this
section and subject to division (C)(3) of this section, no
home health agency shall employ a person as a person
responsible for the care, custody, or control of a child if the
person 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, 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, a violation of section 2925.11 of the
Revised Code that is not a minor drug possession offense, or felonious sexual
penetration in violation of former section 2907.12 of the Revised Code;
(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
(C)(1)(a) of this section.
(2) Except as provided in rules adopted by the department of health
in accordance with division (F) of
this section and subject to division (C)(3) of this section,
no home health agency shall employ a person in
a position that involves providing direct care to an older adult if
the person 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) 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
(C)(2)(a) of this section.
(3)(a) A home health agency may employ conditionally an applicant
for whom a criminal records check request is required
under division (B) of this section as a person responsible for
the
care, custody, or control of a
child until the criminal records check regarding the applicant required
by this
section is completed and the agency receives the results of the
criminal records check. If the results of the criminal records
check indicate that, pursuant to division (C)(1) of this
section, the applicant does not qualify for employment, the agency shall
release the applicant from employment unless the agency chooses to employ
the applicant pursuant to division (F) of this section.
(b)(i) A home health agency may employ conditionally an
applicant for whom a criminal records check request is
required under division (B) of this section in
a position that involves providing direct care to an older adult or in a
position that involves both responsibility for the care, custody, and control
of a child and the provision of direct care to older adults 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.
In the circumstances described in division
(I)(2) of this section, a home
health agency may employ conditionally in a position that
involves providing direct care to an older adult an applicant
who has been referred to the home health agency by an employment
service that supplies full-time, part-time, or temporary staff
for positions involving the direct care of older adults and for
whom, pursuant to that division, a criminal records check is not
required under division (B) of
this section. In the circumstances described in division
(I)(4) of this section, a home
health agency may employ conditionally in a position that
involves both responsibility for the care, custody, and control
of a child and the provision of direct care to older adults an
applicant who has been referred to the home health agency by an
employment service that supplies full-time, part-time, or
temporary staff for positions involving both responsibility for
the care, custody, and control of a child and the provision of
direct care to older adults and for whom, pursuant to that
division, a criminal records check is not required under
division (B) of this
section.
(ii) A home health agency that
employs an individual conditionally under authority of division
(C)(3)(b)(i)
of this section
shall terminate the
individual's employment if the results of the criminal records
check requested under division (B)(1) of this section or described
in division (I)(2) or (4) 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 individual was employed conditionally in a position
that involves the provision of direct care to older adults and
the results indicate that the individual has been convicted of
or pleaded guilty to any of the offenses listed or described in
division (C)(2) of this
section, or if the individual was employed conditionally in a
position that involves both responsibility for the care,
custody, and control of a child and the provision of direct care
to older adults and
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) or (2) 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 home health 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 in accordance with
that section upon the request pursuant to division (B)(1)
of this section of the chief administrator of the home health agency.
(2) A home health agency may charge an applicant a fee for
the costs it incurs in obtaining a criminal records check under
this section, unless the medical assistance program established under
Chapter 5111. of the Revised Code reimburses the agency for the costs.
A fee charged under division (D)(2) of this
section shall not exceed the amount of fees the agency pays under division
(D)(1) of this section. If a fee is charged under division (D)(2) of
this section, the agency
shall notify the applicant at the time of the applicant's initial application
for employment of the amount of the fee and that, unless the fee
is paid, the agency will not consider the applicant for employment.
(E) 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 (B)(1) 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 individual who is the subject of the criminal records check or
the individual's representative;
(2) The home health agency requesting the criminal
records check or its representative;
(3) The administrator of any other facility, agency, or program that
provides direct care to older adults that is owned or operated by the same
entity that owns or operates the home health agency;
(4) Any 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;
(5) Any person to whom the report is provided pursuant
to, and in accordance with, division
(I)(1), (2), (3), or (4) of
this section.
(F) The department of health shall adopt rules in accordance
with Chapter 119. of the Revised Code to implement this section. The
rules shall specify
circumstances under which the home
health 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 who meets standards in regard to
rehabilitation set by the department or employ a person who
has been convicted of or pleaded guilty to
an offense listed or described in division (C)(2) of this section but
meets personal character standards set by the department.
(G) Any person required by division (B)(1) of this section
to request a criminal records check shall inform each person, at
the time of initial application for employment that the
person is required to provide a set of fingerprint impressions and
that a criminal records check is required to be conducted and
satisfactorily completed in accordance with section 109.572 of
the Revised Code if the person comes under final consideration for
appointment or employment as a precondition to employment for
that position.
(H) In a tort or other civil action for damages that is
brought as the result of an injury, death, or loss to person or
property caused by an individual who a
home health agency employs in a position
that involves providing direct care to older adults, all of the
following shall apply:
(1) If the agency employed the individual in good faith
and reasonable reliance on the report of a criminal records
check requested under this section, the agency shall not be
found negligent solely because of its reliance on the report,
even if the information in the report is determined later to
have been incomplete or inaccurate;
(2) If the agency employed the individual in good faith
on a conditional basis pursuant to division
(C)(3)(b) of this section, the
agency shall not be found negligent solely because it employed
the individual prior to receiving the report of a criminal
records check requested under this section;
(3) If the agency in good faith employed the individual
according to
the personal character standards established in rules adopted
under division (F) of this
section, the agency shall not be found negligent solely because
the individual prior to being employed had been convicted of or
pleaded guilty to an offense listed or described in division
(C)(1) or (2) of this section.
(I)(1) The chief administrator of a home health agency is not
required to
request that the superintendent of the bureau of criminal
identification and investigation conduct a criminal records
check of an applicant for a position that involves the
provision of direct care to older adults if the applicant has been
referred to the
agency by an
employment service that supplies full-time, part-time, or
temporary staff for positions involving the direct care of older
adults and both of the following apply:
(a) The chief administrator receives from the employment
service or the applicant a report of the results of a criminal
records check regarding the applicant that has been conducted by
the superintendent within the one-year period immediately
preceding the applicant's referral;
(b) The report of the criminal records check demonstrates
that the person has not been convicted of or pleaded guilty to
an offense listed or described in division (C)(2) of this section,
or the report demonstrates that the
person has been convicted of or pleaded guilty to one or more of
those offenses, but the home health
agency chooses to employ the individual pursuant to division (F)
of this section.
(2) The chief administrator of a home
health agency is not required to request that the superintendent
of the bureau of criminal identification and investigation
conduct a criminal records check of an applicant for a position
that involves providing direct care to older adults and may
employ the applicant conditionally in a position of that nature as
described in this division, if the applicant has been referred
to the agency by an employment service that supplies full-time,
part-time, or temporary staff for positions involving the direct
care of older adults and if the chief administrator receives
from the employment service or the applicant a letter from
the employment service that
is on the letterhead of the employment service, dated, and
signed by a supervisor or another designated official of the
employment service and that
states that the employment service
has requested the superintendent to conduct a criminal records
check regarding the applicant, that the requested criminal
records check will include a determination of whether the
applicant has been convicted of or pleaded guilty to any offense
listed or described in division
(C)(2) of this section,
that, as of the date set forth on the letter, the employment service had not
received the
results of the criminal records check, and that, when the employment service
receives the
results of the criminal records check, it promptly will send a
copy of the results to the
home health agency. If a home health agency
employs an applicant conditionally in accordance with this
division,
the employment service, upon its receipt of the results of
the criminal records check, promptly shall send a copy of the
results to the home health agency,
and
division
(C)(3)(b)
of this section applies regarding the conditional
employment.
(3) The chief administrator of a home health agency is
not required to request that the superintendent of the bureau of
criminal identification and investigation conduct a criminal
records check of an applicant for a position that involves both
responsibility for the care, custody, and control of a child and
the provision of direct care to older adults if the applicant
has been referred to the agency by an employment service that
supplies full-time, part-time, or temporary staff for positions
involving both responsibility for the care, custody, and control
of a child and the provision of direct care to older adults and
both of the following apply:
(a) The chief administrator receives
from the employment service or applicant a report of a criminal
records check of the type described in division
(I)(1)(a)
of this section;
(b) The report of the criminal
records check demonstrates that the person has not been
convicted of or pleaded guilty to an offense listed or described
in division (C)(1) or (2) of
this section, or the report demonstrates that the
person has been convicted of or pleaded guilty to one or more of
those offenses, but the home health
agency chooses to employ the individual pursuant to division (F)
of this section.
(4) The chief administrator of a home health agency is
not required to request that the superintendent of the bureau of
criminal identification and investigation conduct a criminal
records check of an applicant for a position that involves both
responsibility for the care, custody, and control of a child and
the provision of direct care to older adults and may employ the
applicant conditionally in a position of that nature as described in this
division, if the applicant has been referred to the agency by an
employment service that supplies full-time, part-time, or
temporary staff for positions involving both responsibility for
the care, custody, and control of a child and the direct care of
older adults and if the chief administrator receives from the
employment service or the applicant a letter from the
employment service that
is on the letterhead of the employment service, dated, and
signed by a supervisor or another designated official of the
employment service and that
states that the employment service has
requested the superintendent to conduct a criminal records check
regarding the applicant, that the requested criminal records
check will include a determination of whether the applicant has
been convicted of or pleaded guilty to any offense listed or
described in division (C)(1) or
(2) of this section, that, as of the date set forth on
the letter, the employment service
had not received the results of the criminal records check, and that, when the
employment service receives the
results of the criminal records check, it promptly will send a
copy of the results to the
home health agency. If
a home health agency employs an applicant conditionally in
accordance with this division,
the employment service, upon its receipt of the results of
the criminal records check, promptly shall send a copy of the
results to the home health agency,
and division
(C)(3)(b)
of this section applies regarding the conditional
employment.
Sec. 3701.99. (A) Whoever violates section 3701.25 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 second degree.
(B) Whoever violates division (I) of section 3701.262,
division (D) of section 3701.263, or section 3701.352 or sections
3701.46 to 3701.55 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.
(C) Whoever violates section 3701.82 of the Revised Code
is guilty of a misdemeanor of the first degree.
(D) Whoever violates section 3701.81 of the Revised Code
is guilty of a misdemeanor of the second degree.
(E) Whoever violates division (G) of section 3701.88 of
the Revised Code shall be fined not more than one hundred
dollars. Each day the violation continues is a separate offense.
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. 3702.529. (A) A person granted a nonreviewability ruling
prior to
April 20, 1995, may implement
the activity for which the ruling was issued in accordance with
the information provided to the director of health in the
request for the ruling, notwithstanding the amendments to
sections 3702.51 to 3702.62 of the Revised Code by
Amended Substitute Senate Bill
No. 50 and Amended Substitute Senate Bill No. 156, both of the 121st general
assembly. A person granted a certificate of need or nonreviewability ruling
prior to that date is not required to file a notice of intent under section
3702.581 of the Revised Code, as that section existed prior to the effective date of this amendment, with respect to the activity for which the
certificate or ruling was issued.
(B) A certificate of
need is not required for any person to add a cardiac catheterization
laboratory to an existing cardiac catheterization service, as described in
division (R)(11) of section 3702.51 of the Revised Code, if the person, prior
to the effective date of this section June 30,
1995, filed a notice of intent under section
3702.581 of the Revised Code, as that section existed prior to the effective date of this amendment, to do so. However, the exemption provided by
this division expires six months after the effective date of this
section June 30, 1995, unless the person has
taken action to
implement the addition by taking the applicable action listed in
divisions (A)(1) to (6) of section 3702.525 of the Revised Code and provides
the director with written documentation that action has been taken.
(C) The director shall
issue a reviewability ruling, in accordance with the version of section
3702.528 of the Revised Code in effect immediately prior to
the effective date of this section June 30,
1995, to any hospital that
requested one prior to that date concerning a relocation of any of the
following to another
hospital in the same or a different metropolitan statistical
area:
(1) Obstetric or newborn care beds registered under section 3701.07 of the
Revised Code as level II or III beds;
(2) Pediatric intensive care beds;
(3) A health service specified in division
(R)(1) of section 3702.51 of
the Revised Code.
A certificate of need is not required to conduct such a
relocation for which the director has issued a nonreviewability
ruling. However, the exemption provided by this division
expires six months after the effective date of this section
June 30, 1995,
unless the hospital has taken action to implement the relocation
by taking the applicable action listed in divisions (A)(1) to (6) of section
3702.525 of the Revised Code and provides the director with written
documentation that action has been taken.
The director shall not issue a reviewability ruling requested under the
previous version of section 3702.528 of the Revised Code concerning a
relocation of long-term care beds.
(D) A certificate of need is not required to relocate existing health
services from one hospital to another, as described in division (T) of the
version of section 3702.51 of the Revised Code in effect immediately prior to
the effective date of this section June 30,
1995, if the hospitals
filed the notice of intent required by division
(T)(2) of that version prior to
the effective date of this amendment June 30,
1995, and comply with divisions (T)(1) and (T)(3) to (6) of that version.
Sec. 3702.53. (A) No person shall carry out any reviewable
activity unless a certificate of need for such activity has been
granted under sections 3702.51 to 3702.62 of the Revised Code
or the person is exempted by division (T) of
section 3702.51 or section 3702.527, 3702.528, 3702.529, 3702.5210,
or 3702.62 of the Revised Code from the requirement that a
certificate of need be obtained. No person
shall carry out any reviewable activity if a certificate of need
authorizing that activity has been withdrawn by the director of
health under section 3702.52 or 3702.526 of the Revised
Code. No person shall carry out a reviewable activity if the
certificate of need authorizing that activity is void pursuant to
section 3702.524 of the Revised Code or has expired pursuant to section
3702.525 of the Revised Code.
(B) No person shall separate portions of any proposal for
any reviewable activity to evade the requirements of sections 3702.51 to
3702.62 of the Revised Code.
(C) No person granted a certificate of need shall carry out the reviewable
activity authorized by the certificate of need other than in substantial
accordance with the approved application for the certificate of need.
(D) No person shall fail to file a notice required by section
3702.581 of the Revised Code.
Sec. 3702.532. When the director of health determines that a person has
violated section 3702.53 of the Revised Code, the director shall
send a notice to the
person by certified mail, return receipt requested, specifying the activity
constituting the violation and the penalties imposed under section 3702.54,
3702.541, or 3702.542, or 3702.543 of the
Revised Code.
Sec. 3702.54. Except as provided in sections 3702.541,
and 3702.542, and former section 3702.543 of the Revised Code, divisions
(A) and (B) of this section apply when the
director of health determines that a person has violated section 3702.53 of
the Revised Code.
(A) The director shall impose a civil penalty
on the person in an amount equal to the greatest of the following:
(1) Three thousand dollars;
(2) Five per cent of the operating cost of the activity that constitutes
the violation during the period of time it was conducted in violation of
section 3702.53 of the Revised Code;
(3) Two per cent of the total capital cost associated with implementation
of the activity.
In no event, however, shall the penalty exceed two hundred fifty thousand
dollars.
(B)(1) Notwithstanding section 3702.52 of the
Revised Code, the director shall refuse to accept
for review any application for a certificate of need filed by or
on behalf of the person, or any successor to the person or entity related to
the person, for a period of not less than one year and not more than
three years after he the director mails the notice of his
the director's determination under section 3702.532 of the Revised Code
or, if his the determination is appealed under section 3702.60
of the
Revised Code, the issuance of the order upholding
his the determination that is not subject to further appeal. In
determining the length of time during which he will not accept
applications will not be accepted, the director may consider any of the
following:
(a) The nature and magnitude of the violation;
(b) The ability of the person to have averted
the violation;
(c) Whether the person disclosed the violation
to the director before the director commenced his investigation;
(d) The person's history of compliance with
sections 3702.51 to 3702.62 and the rules adopted under section
3702.57 of the Revised Code;
(e) Any community hardship that may result from
refusing to accept future applications from the person.
(2) Notwithstanding the one-year minimum imposed by
division (B)(1) of this section, the director may
establish a period of less than one year during which he the
director will refuse to accept certificate of need applications if, after
reviewing all information available to him the director,
he the director determines and expressly indicates in the notice
mailed under section 3702.532 of the Revised Code that refusing to accept
applications for a longer period would result in hardship to the
community in which the person provides health services. The
director's finding of community hardship shall not affect the
granting or denial of any future certificate of need application
filed by the person.
Sec. 3702.544. Each person required by section
3702.54, 3702.541, or 3702.542, or former section 3702.543 of the Revised
Code to pay a civil penalty shall do so not later than sixty days
after receiving the notice
mailed under section 3702.532 of the Revised Code
or, if the person appeals under section 3702.60 of the
Revised Code the director of health's
determination that a violation has occurred, not later than sixty
days after the issuance of an order upholding his the director's
determination that is not subject to further appeal. The civil penalties
shall be paid to the director. The director shall deposit them into the
certificate of need fund created by section 3702.52 of the Revised
Code.
Sec. 3702.55. Except as provided in section 3702.542 of the
Revised Code, a
person that the director of health determines has
violated section 3702.53 of
the Revised Code shall cease
conducting the activity that constitutes the
violation or
utilizing the equipment or facility resulting from the violation
not later than thirty days after the person receives the notice
mailed under
section 3702.532 of the Revised Code
or, if the
person appeals the director's determination under
section 3702.60
of the Revised Code, thirty days
after the person receives an
order upholding the director's
determination that is not subject
to further appeal. A person
that applies for a certificate of
need as described in section
3702.542 of the Revised Code shall
cease
conducting the activity or using the equipment or facility
in
accordance with the timetable established by the director of
health under that section.
If any person determined to have violated section 3702.53 of
the Revised Code
fails to cease conducting an activity or using
equipment or a facility as
required by this section or a timetable
established
under section 3702.542 of the Revised Code, or if
the
person continues to seek payment or reimbursement for
services
rendered or costs incurred in conducting the activity as
prohibited by section 3702.56 of the Revised Code, in
addition to
the
penalties imposed under section 3702.54, 3702.541, or 3702.542,
or former section 3702.543 of
the Revised Code:
(A) The director of health may refuse to
include any beds
involved in the activity in the bed capacity of
a hospital for
purposes of registration under section 3701.07 of
the Revised
Code;
(B) The director of health may refuse to
license, or may
revoke a license or reduce bed capacity
previously granted to, a
maternity boardinghouse or lying-in
hospital under section 3711.02
of the Revised
Code; a hospice care program under section 3712.04
of the
Revised Code; a nursing home, rest home, or home
for the
aging under section 3721.02 of the Revised
Code; or any beds
within any of those facilities that are
involved in the activity;
(C) A political subdivision certified under
section 3721.09
of the Revised Code may refuse to
license, or may revoke a license
or reduce bed capacity
previously granted to, a nursing home, rest
home, or home for the
aging, or any beds within any of those
facilities that are
involved in the activity;
(D) The director of mental health may refuse to
license
under section 5119.20 of the Revised
Code, or may revoke a license
or reduce bed capacity
previously granted to, a hospital receiving
mentally ill persons
or beds within such a hospital that are
involved in the activity;
(E) The department of job and family services may refuse
to
enter into a provider agreement that includes a facility,
beds, or
services that result from the activity.
Sec. 3702.60. (A) Any affected person may appeal a reviewability ruling
issued on or after April
20, 1995, to the director of health in accordance with Chapter 119.
of the Revised Code, and the director shall provide an adjudication hearing in
accordance with that chapter. An affected person may appeal the director's
ruling in the adjudication hearing to the tenth district court of appeals.
(B) The certificate of need applicant or another affected
person may appeal to the director in accordance with
Chapter 119. of the Revised Code a decision issued by the director on or after
April 20, 1995, to grant or deny a certificate of need application for
which an adjudication hearing was not conducted under section
3702.52 of the Revised
Code, and the director shall
provide an adjudication hearing in accordance with that chapter.
The certificate of need applicant or an affected person that
was a party to and participated in an adjudication hearing conducted under
this division or section 3702.52 of the Revised Code may appeal to the
tenth
district court of appeals the decision issued by the director following the
adjudication hearing. No person may appeal to the director or a court
the director's granting
of a certificate of need prior to the effective date of this amendment
June 30, 1995,
under the version of section 3702.52 of the Revised Code in effect immediately
prior to that
date due to failure to submit timely written objections, no
person may appeal to the director or a court the director's granting of a
certificate of need under division (C)(1) or (2) of section 3702.52
of the Revised Code.
(C) The certificate of need holder may appeal to
the director in accordance with Chapter 119. of the Revised
Code a decision issued by the director under section 3702.52 or
3702.526 of the Revised Code on or after April 20, 1995, to
withdraw a certificate of
need, and
the director shall provide an adjudication hearing in accordance with that
chapter. The person may appeal the director's ruling in the adjudication
hearing to the tenth district court of appeals.
(D) Any person determined by the
director to have violated section 3702.53 of the
Revised Code
may appeal that determination, or the penalties imposed under section 3702.54,
3702.541, or 3702.542, or former section 3702.543 of the Revised
Code, to the director in accordance with
Chapter 119. of the
Revised Code,
and the director shall provide an adjudication hearing in accordance with that
chapter. The person may appeal the director's ruling in the adjudication
hearing to the tenth district court of appeals.
(E) Each person appealing under this section to the director
shall file with the director, not later than thirty days after
the decision, ruling, or determination of the director was
mailed, a notice of appeal designating the decision, ruling, or
determination appealed from.
(F) Each person appealing under this section to the tenth
district court of appeals shall file with the court, not later than thirty
days after the date the director's adjudication order was mailed, a notice of
appeal
designating the order appealed from. The appellant also shall file notice
with the director not later than thirty days after the date the order was
mailed.
(1) Not later than thirty days after receipt of the notice of
appeal, the director shall prepare and certify to the court the
complete record of the proceedings out of which the appeal
arises. The expense of preparing and transcribing the record
shall be taxed as part of the costs of the appeal. In the event
that the record or a part thereof is not certified within the
time prescribed by this division, the appellant may apply to the court
for an order that the record be certified.
(2) In hearing the appeal, the court shall consider only
the evidence contained in the record certified to it by the
director. The court may remand the matter to the director for the
admission of additional evidence on a finding that the additional
evidence is material, newly discovered, and could not with
reasonable diligence have been ascertained before the hearing
before the director. Except as otherwise provided by statute, the
court shall give the hearing on the appeal preference over all
other civil matters, irrespective of the position of the
proceedings on the calendar of the court.
(3) The court shall affirm the director's order if it finds,
upon consideration of the entire record and any additional
evidence admitted under division (F)(2) of this section,
that the
order is supported by reliable, probative, and substantial
evidence and is in accordance with law. In the absence of such a
finding, it shall reverse, vacate, or modify the order.
(4) If the court determines that the director committed
material procedural error, the court shall remand
the matter to the director for further consideration
or action.
(G) The court may award reasonable attorney's fees against
the appellant if it determines that the appeal was frivolous.
Sections 119.092, 119.093, and 2335.39 of the Revised Code do not apply to
adjudication
hearings under this section or section 3702.52 of the Revised Code and
judicial appeals under this section.
(H) No person may intervene in an appeal brought under
this section.
Sec. 3702.61. In addition to the sanctions imposed under sections 3702.54,
3702.541, 3702.542, 3702.543, and 3702.55 and former section 3702.543 of the Revised Code, if any person
violates section 3702.53 of the Revised Code, the attorney general may
commence necessary legal proceedings in the court of common pleas of Franklin
county to enjoin the person from such violation until the requirements of
sections 3702.51 to 3702.62 of the Revised Code have been satisfied. At the
request of the director of health, the attorney general shall commence any
necessary proceedings. The court has jurisdiction to grant and, on a showing
of a violation, shall grant appropriate injunctive relief.
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. 3705.01. As used in this chapter:
(A) "Live birth" means the complete expulsion or
extraction
from its mother of a product of human conception that
after such
expulsion or extraction breathes or shows any other
evidence of
life such as beating of the heart, pulsation of the
umbilical
cord, or definite movement of voluntary muscles,
whether or not
the umbilical cord has been cut or the placenta is
attached.
(B)(1) "Fetal death" means death
prior to
the complete
expulsion or extraction from its mother of a product
of human
conception of at least twenty weeks of gestation, which
after
such expulsion or extraction does not breathe or show any
other
evidence of life such as beating of the heart, pulsation of
the
umbilical cord, or definite movement of voluntary muscles.
(2) "Stillborn" means that an infant suffered a fetal death.
(C)
"Dead body" means a human body or part of a human body
from the condition of which it reasonably may be concluded that
death recently occurred.
(D) "Physician" means a person licensed pursuant to
Chapter 4731. of the Revised Code to practice medicine or surgery
or osteopathic medicine and surgery.
(E) "Attending physician" means the physician in charge
of
the patient's care for the illness or condition that resulted
in
death.
(F) "Institution" means any establishment, public or
private, that provides medical, surgical, or diagnostic care or
treatment, or domiciliary care, to two or more unrelated
individuals, or to persons committed by law.
(G) "Funeral director" has the meaning given in section
4717.01 of the Revised Code.
(H) "State registrar" means the head of the office of
vital statistics in the department of health.
(I) "Medical certification" means completion of the
medical certification portion of the certificate of death or
fetal death as to the cause of death or fetal death.
(J) "Final disposition" means the interment, cremation,
removal from the state, donation, or other authorized disposition
of a dead body or a
fetal death.
(K) "Interment" means the final disposition of the
remains
of a dead body by burial or entombment.
(L) "Cremation" means the reduction to ashes of a dead
body.
(M) "Donation" means gift of a dead body to a research
institution or medical school.
(N) "System of vital statistics" means the registration,
collection, preservation, amendment, and certification of vital
records, the collection of other reports required by this
chapter,
and activities related thereto.
(O) "Vital records" means certificates or reports of
birth, death, fetal death, marriage, divorce,
dissolution of
marriage, annulment, and data related thereto and
other documents
maintained as required by statute.
(P) "File" means the presentation of vital records for
registration by the office of vital statistics.
(Q) "Registration" means the acceptance by the office of
vital statistics and the incorporation of vital records into its
official records.
(R) "Birth record" means a birth certificate that has
been
registered with the office of vital statistics; or, if
registered
prior to the effective date of this section, with the
division of
vital statistics; or, if registered prior to the
establishment of
the division of vital statistics, with the
department of health
or a local registrar.
(S) "Certification of birth" means a document issued by
the director of health or state registrar or a local registrar
under division (B) of section 3705.23 of the Revised Code.
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.
(3) The director or the state registrar, on the receipt of an application signed by either parent, shall issue a certificate recognizing the delivery of a stillborn infant. The director shall prescribe guidelines by rule for the form of the certificate. The guidelines shall require that the certificate contain at least the name, sex, date of delivery, and place of delivery. The director or the state registrar shall charge no fee for the certificate. A certificate recognizing the delivery of a stillborn infant is not proof of a live birth for purposes of federal, state, and local taxes.
(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. 3710.07. (A) Prior to engaging in any asbestos
hazard abatement project, an asbestos hazard abatement contractor
shall do all of the following:
(1) Prepare a written respiratory protection program as
defined by the public health council pursuant to rule, and make
the program available to the department of health, and workers at
the job site if the contractor is a public entity or prepare a
written respiratory protection program, consistent with 29 C.F.R.
1910.134 and make the program available to the department, and
workers at the job site if the contractor is a business entity;
(2) Ensure that each worker who will be involved in any
asbestos hazard abatement project has been examined within the
preceding year and has been declared by a physician to be
physically capable of working while wearing a respirator;
(3) Ensure that each of his the contractor's employees or
agents who will
come in contact with asbestos-containing materials or will be
responsible for an asbestos hazard abatement project receives the
appropriate certification or licensure required by this chapter
and the following training:
(a) An initial course approved by the department pursuant
to section 3710.10 of the Revised Code, completed before engaging
in any asbestos hazard abatement project; and
(b) An annual review course approved by the department
pursuant to section 3710.10 of the Revised Code.
(B) After obtaining or renewing a license, an asbestos
hazard abatement contractor shall notify the department, on a
form approved by the director of health, at least ten days before
beginning each asbestos hazard abatement project conducted during
the term of his the contractor's license.
(C) In addition to any other fee imposed under this
chapter, an asbestos hazard abatement contractor shall pay, at
the time of providing notice under division (B) of this section,
the department a fee of twenty-five sixty-five dollars for each asbestos
hazard abatement project conducted.
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. 3721.121. (A) As used in this section:
(1) "Adult day-care program" means a program operated
pursuant to rules adopted by the public health council under
section 3721.04 of the Revised Code and provided
by and on the same site as homes licensed under this chapter.
(2) "Applicant" means a person who is under final
consideration for employment with a home or adult day-care program in a
full-time, part-time, or temporary position that involves providing direct
care to an older adult. "Applicant" does not include a person who provides
direct care as a volunteer without receiving or expecting to receive any form
of remuneration other than reimbursement for actual expenses.
(3) "Criminal records check" and "older adult" have the same meanings as in
section 109.572 of the Revised Code.
(4) "Home" means a home as defined in section 3721.10 of
the Revised Code.
(B)(1) Except as provided in division (I) of this
section, the chief administrator of a home or adult
day-care program 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 that division 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 for which a criminal records check is required by this
section.
(C)(1) Except as provided in rules adopted by
the director of health in accordance
with division (F) of this section and subject to division (C)(2)
of this section, no home or adult
day-care program shall employ a person in a position
that involves providing direct care to an older adult 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, 2903.11, 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) 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
(C)(1)(a) of this section.
(2)(a) A home or an adult day-care program 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 home or program 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.
In the circumstances described in division
(I)(2) of this section, a
home or adult day-care program may employ
conditionally an applicant who has been referred to the
home or adult day-care program by an
employment service that supplies full-time, part-time, or
temporary staff for positions involving the direct care of older
adults and for whom, pursuant to that division, a criminal
records check is not required under division
(B) of this section.
(b) A home or adult day-care program 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 requested under division (B) of this section or described in
division (I)(2) 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 thirty 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 home or program shall terminate the individual's employment unless the
home or program 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 home or program about the individual's criminal record.
(D)(1) Each home or adult day-care program 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 home or adult day-care program may charge an
applicant a fee not exceeding the amount the home or program pays
under division (D)(1) of this section. A home or program
may collect a fee only if both of the following apply:
(a) The home or program 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;
(b) The medical assistance program established under
Chapter 5111. of the Revised Code
does not reimburse the home or program the fee it pays under division
(D)(1) of this section.
(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 home or program requesting the criminal records check or
the administrator's representative;
(3) The administrator of any other facility, agency, or program that
provides direct care to older adults that is owned or operated by the same
entity that owns or operates the home or program;
(4) 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;
(5) Any person to whom the report is provided pursuant
to, and in accordance with, division
(I)(1) or (2) of this
section.
(F) In accordance with section 3721.11 of the Revised
Code, the director of health shall adopt rules to implement this
section. The rules shall specify circumstances under which a home or adult
day-care program 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
director.
(G) The chief administrator of a home or adult day-care program
shall inform each individual, at the time of initial application
for a position that involves providing direct care to an older
adult, that the individual is required to provide a set of fingerprint
impressions and that a criminal records check is required to be
conducted if the individual comes under final consideration for employment.
(H) In a tort or other civil action for damages that is
brought as the result of an injury, death, or loss to person or
property caused by an individual who a
home or adult day-care program employs in a position
that involves providing direct care to older adults, all of the
following shall apply:
(1) If the home or program employed the individual in good
faith and reasonable reliance on the report of a criminal records
check requested under this section, the home or program shall not be
found negligent solely because of its reliance on the report,
even if the information in the report is determined later to
have been incomplete or inaccurate;
(2) If the home or program employed the individual in good faith
on a conditional basis pursuant to division (C)(2) of this section, the
home or program shall not be found negligent solely because it employed
the individual prior to receiving the report of a criminal
records check requested under this section;
(3) If the home or program in good faith employed the
individual according
to the personal character standards established in rules adopted
under division (F) of this
section, the home or program shall not be found negligent solely because
the individual prior to being employed had been convicted of or
pleaded guilty to an offense listed or described in division
(C)(1) of this section.
(I)(1) The chief administrator of a home or adult day-care
program is not required to
request that the superintendent of the bureau of criminal
identification and investigation conduct a criminal records
check of an applicant if the applicant has been referred to the
home or program by an
employment service that supplies full-time, part-time, or
temporary staff for positions involving the direct care of older
adults and both of the following apply:
(a) The chief administrator receives from the employment
service or the applicant a report of the results of a criminal
records check regarding the applicant that has been conducted by
the superintendent within the one-year period immediately
preceding the applicant's referral;
(b) The report of the criminal records check demonstrates
that the person has not been convicted of or pleaded guilty to
an offense listed or described in division (C)(1) of this section,
or the
report demonstrates that the
person has been convicted of or pleaded guilty to one or more of
those offenses, but the home or adult day-care program
chooses to employ the individual pursuant to division (F)
of this section.
(2) The chief administrator of a
home or adult day-care program is not required
to request that the superintendent of the bureau of criminal
identification and investigation conduct a criminal records
check of an applicant and may employ the applicant
conditionally as described in this division, if the applicant
has been referred to the home or program by an employment service that
supplies full-time, part-time, or temporary staff for positions
involving the direct care of older adults and if the chief
administrator receives from the employment service or the
applicant a letter from the employment service that is on the letterhead of
the employment service, dated, and signed by a supervisor or another
designated official of the employment service and that states
that the employment service has requested the superintendent to
conduct a criminal records check regarding the applicant, that
the requested criminal records check will include a
determination of whether the applicant has been convicted of or
pleaded guilty to any offense listed or described in division
(C)(1) of this section,
that, as of the date set forth on the letter,
the employment service had not received the
results of the criminal records check, and that, when the employment service
receives the results of the criminal records check, it promptly will send a
copy of the results to the home or adult-care program. If a
home or adult day-care program employs an
applicant conditionally in accordance with this division, the employment
service, upon its receipt of the results of the criminal records check,
promptly shall send a copy of the results to the home or adult day-care
program, and
division
(C)(2)(b)
of this section applies regarding the conditional
employment.
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. 3721.51. The department of job and family services
shall:
(A) For the
purposes specified in
section 3721.56 of the
Revised Code, determine an annual
franchise
permit fee on each
nursing home in an amount equal to
three
dollars and thirty cents
for fiscal
year 2002,
four dollars and thirty cents
for fiscal
years year 2003 through, four dollars and seventy-five cents for fiscal year 2004, four dollars and ninety-five cents for fiscal year 2005, and
one
dollar
for each
fiscal
year
thereafter, multiplied by the product
of the
following:
(1) The number of beds licensed as nursing home beds, plus
any other beds certified as skilled nursing facility beds under
Title XVIII or nursing facility beds under Title XIX of the
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as
amended, on July 1, 1993, and, for each subsequent year, the
first
day of May of the calendar year in which the fee is
determined
pursuant to division (A) of section 3721.53 of the
Revised Code;
(2) The number of days in fiscal year 1994 and, for each
subsequent year, the number of days in the fiscal year beginning
on the first day of July of the calendar year in which the fee is
determined pursuant to division (A) of section 3721.53 of the
Revised Code.
(B) For the
purposes specified in
section 3721.56 of the
Revised Code, determine an annual
franchise
permit fee on each
hospital in an amount equal to
three dollars
and thirty cents for
fiscal
year 2002,
four dollars and thirty cents for
fiscal years
year 2003 through, four dollars and seventy-five cents for fiscal year 2004, four dollars and ninety-five cents for fiscal year 2005, and one
dollar
for each fiscal
year
thereafter,
multiplied by the product of the
following:
(1) The number of beds registered pursuant to section
3701.07 of the Revised Code as skilled nursing facility beds or
long-term care beds, plus any other beds licensed as nursing home
beds under section 3721.02 or 3721.09 of the Revised Code, on
July
1, 1993, and, for each subsequent year, the first day of May
of
the calendar year in which the fee is determined pursuant to
division (A) of section 3721.53 of the Revised Code;
(2) The number of days in fiscal year 1994 and, for each
subsequent year, the number of days in the fiscal year beginning
on the first day of July of the calendar year in which the fee is
determined pursuant to division (A) of section 3721.53 of the
Revised Code.
If the United States
centers for medicare and medicaid
services
determines that the
franchise permit fee established by
sections
3721.50
to
3721.58 of the Revised Code would be an
impermissible health care
related tax under section 1903(w) of
the
"Social Security Act," 49
Stat. 620 (1935), 42 U.S.C.
1396b(w), as
amended, the department
of job and family
services shall take
all
necessary actions to
cease implementation of those sections
in
accordance with rules
adopted under section 3721.58 of the
Revised
Code.
Sec. 3721.56.
(A) Thirty and three-tenths per cent of
all
payments and
penalties paid by nursing
homes and hospitals
under
sections
3721.53 and 3721.54 of the
Revised Code
for fiscal
year
2002,
twenty-three and twenty-six-hundredths per
cent of
such
payments and penalties paid for fiscal years year 2003
through, twenty-one and five-hundredths per cent of such payments and penalties paid for fiscal year 2004, twenty and two-tenths per cent of such payments and penalties paid for fiscal year
2005,
and all such payments and penalties paid for
subsequent
fiscal
years, shall be deposited into the "home and
community-based
services for the aged fund," which is hereby
created in the state
treasury. The departments of job and
family
services
and aging
shall use the moneys in the fund to fund the
following
in
accordance with rules adopted under section 3721.58
of the
Revised
Code:
(1) The medical assistance medicaid program established under
Chapter
5111. of the Revised Code;
(2) The PASSPORT program established under section 173.40
of
the Revised Code;
(3) The residential state supplement program
established
under section 173.35 of the Revised Code.
(B) Sixty-nine and seven-tenths per cent of all payments and
penalties paid by
nursing homes and hospitals under sections
3721.53 and 3721.54 of
the Revised Code for fiscal
year 2002,
and
seventy-six and seventy-four-hundredths per cent of such
payments
and penalties paid for fiscal years
year 2003
through, seventy-eight and ninety-five hundredths per cent of such payments and penalties paid for fiscal year 2004, and seventy-nine and eight-tenths per cent of such payments and penalties paid for fiscal year 2005,
shall be
deposited
into the nursing facility stabilization
fund,
which is
hereby
created in the state treasury. The
department of
job and
family
services shall use the money in the
fund in the
manner
provided by
Am. Sub. H.B. 94
and Am. Sub. S.B. 261 of the
124th
general assembly to make payments to nursing facilities under the medicaid program.
Sec. 3721.561. Any money remaining in the nursing facility stabilization fund created under section 3721.56 of the Revised Code after payments specified in division (B) of that section are made for fiscal years 2002 through 2005 shall be retained in the fund. Any interest or other investment proceeds earned on money in the fund shall be credited to the fund and used to make payments in accordance with division (B) of section 3721.56 of the Revised Code.
Sec. 3722.151. (A) As used in this section:
(1) "Adult care facility" has the same meaning as in
section 3722.01 of the Revised Code.
(2) "Applicant" means a person who is under final
consideration for employment with an adult care facility in a full-time,
part-time, or temporary position
that involves providing direct care to an older adult. "Applicant" does not
include a person who provides direct
care as
a volunteer without receiving or expecting to receive any form of remuneration
other than reimbursement for actual expenses.
(3) "Criminal records check" and "older adult" have the same meanings as
in section 109.572 of the Revised Code.
(B)(1) Except as provided in division (I) of this
section, the chief administrator of an adult care facility
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 that division 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 for which a criminal records check is required by this
section.
(C)(1) Except as provided in rules adopted by the public
health council in accordance with division (F) of this section and subject
to division (C)(2) of this section,
no adult care facility shall employ a person in a position that
involves providing direct care to an older adult 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, 2903.11, 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) 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 (C)(1)(a) of this section.
(2)(a) An adult care facility 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
facility 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. In the
circumstances described in division
(I)(2) of this section, an
adult care facility may employ
conditionally an applicant who has been referred to the
adult care facility by an
employment service that supplies full-time, part-time, or
temporary staff for positions involving the direct care of older
adults and for whom, pursuant to that division, a criminal
records check is not required under division
(B) of this section.
(b) An adult care facility 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 requested under division (B)
of this section or described in division (I)(2) 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 thirty 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 facility shall terminate the individual's
employment unless
the facility 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 facility about the individual's
criminal record.
(D)(1) Each adult care facility 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) An adult care facility may charge an applicant a fee
not exceeding the amount the facility pays under division (D)(1)
of this section. A facility may collect a fee only if it
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 facility
requesting the criminal records check or the administrator's representative;
(3) The administrator of any other facility, agency, or program that
provides direct care to older adults that is owned or operated by the same
entity that owns or operates the adult care facility;
(4) 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;
(5) Any person to whom the report is provided pursuant to, and in
accordance with, division (I)(1) or (2) of this section.
(F) The public health council shall adopt rules in accordance
with Chapter 119. of the Revised Code to implement this section. The
rules shall specify circumstances under which an adult
care facility 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
council.
(G) The chief administrator of an adult care facility
shall inform each individual, at the time of initial application
for a position that involves providing direct care to an older
adult, that the individual is required to provide a set of fingerprint
impressions and that a criminal records check is required to be
conducted if the individual comes under final consideration for employment.
(H) In a tort or other civil action for damages that is
brought as the result of an injury, death, or loss to person or
property caused by an individual who an adult care facility employs in a
position that involves providing direct care to older adults, all of
the
following shall apply:
(1) If the facility employed the individual in good faith
and reasonable reliance on the report of a criminal records
check requested under this section, the facility shall not be
found negligent solely because of its reliance on the report,
even if the information in the report is determined later to
have been incomplete or inaccurate;
(2) If the facility employed the individual in good faith
on a conditional basis pursuant to division (C)(2) of this section, the
facility shall not be found negligent solely because it employed
the individual prior to receiving the report of a criminal
records check requested under this section;
(3) If the facility in good faith employed the individual
according to the personal character standards established in rules adopted
under division (F) of this
section, the facility shall not be found negligent solely because
the individual prior to being employed had been convicted of or
pleaded guilty to an offense listed or described in division
(C)(1) of this section.
(I)(1) The chief administrator of an adult care facility is
not required to
request that the superintendent of the bureau of criminal
identification and investigation conduct a criminal records
check of an applicant if the applicant has been referred to the
facility by an employment service that supplies full-time,
part-time, or temporary staff for positions involving the direct care of older
adults and both of the following apply:
(a) The chief administrator receives from the employment
service or the applicant a report of the results of a criminal
records check regarding the applicant that has been conducted by
the superintendent within the one-year period immediately
preceding the applicant's referral;
(b) The report of the criminal records check demonstrates
that the person has not been convicted of or pleaded guilty to
an offense listed or described in division
(C)(1) of this section, or the report demonstrates that the person
has been convicted of or pleaded guilty to one or more of those offenses, but
the adult care facility chooses to employ the individual pursuant to division
(F) of this section.
(2) The chief administrator of an
adult care facility is not required
to request that the superintendent of the bureau of criminal
identification and investigation conduct a criminal records
check of an applicant and may employ the applicant
conditionally as described in this division, if the applicant
has been referred to the facility by an employment service that
supplies full-time, part-time, or temporary staff for positions
involving the direct care of older adults and if the chief
administrator receives from the employment service or the
applicant a letter from the employment service that is on the letterhead of
the employment service, dated, and signed by a supervisor or another
designated official of the employment service and that
states
that the employment service has requested the superintendent to
conduct a criminal records check regarding the applicant, that
the requested criminal records check will include a
determination of whether the applicant has been convicted of or
pleaded guilty to any offense listed or described in division
(C)(1) of this section,
that, as of the date set forth on the letter,
the employment service had not received the
results of the criminal records check, and that, when the employment service
receives the results of the criminal records check, it promptly will send a
copy of the results to the adult care facility. If an
adult care facility employs an
applicant conditionally in accordance with this division, the employment
service, upon its receipt of the results of the criminal records check,
promptly shall send a copy of the results to the adult care facility, and
division
(C)(2)(b)
of this section applies regarding the conditional
employment.
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 3734.05 of the Revised Code for the establishment
of a new commercial hazardous waste incinerator, or any request
for a modification, as described in divisions
(I)(3)(a) to (d) of section 3734.05 of the Revised Code,
of an existing commercial hazardous waste
incinerator to increase either the treatment capacity of the
incinerator or the quantity of hazardous waste authorized to be
treated by it, for which the staff of the environmental
protection agency has made a preliminary determination as to
whether the application or request appears to comply with the
rules and standards set forth under divisions (D), (I), and (J)
of section 3734.12 of the Revised Code;
(b) Issue issue any modified hazardous waste facility
installation and operation permit under division (I)(5) of
that section 3734.05 of the Revised Code that would authorize an
increase in either the treatment capacity of a commercial
hazardous waste incinerator or the quantity of hazardous waste
authorized to be treated by it;
(c)(b) Issue any permit pursuant to rules adopted under
division (F) of section 3704.03 of the Revised Code, division (J)
of section 6111.03 of the Revised Code, or the solid waste
provisions of this chapter and rules adopted under those
provisions, that is necessary for the establishment,
modification, or operation of any appurtenant facility or
equipment that is necessary for the operation of a new commercial
hazardous waste incinerator, or the modification of such an
existing incinerator to increase either the treatment capacity of
the incinerator or the quantity of hazardous waste that is
authorized to be treated by it. Upon determining that an
application for any permit pertains to the establishment,
modification, or operation of any appurtenant facility or
equipment, the director shall cease reviewing the application and
return the application and accompanying materials to the
applicant along with a written notice that division (C)(1)(c)(b) of
this section precludes the director from reviewing and
acting upon the
application.
(d)(c) Issue any exemption order under division (G) of
section 3734.02 of the Revised Code exempting the establishment
of a new commercial hazardous waste incinerator; the modification
of an existing facility to increase either the
treatment capacity of the incinerator or the quantity of
hazardous waste that is authorized to be treated by it; or the
establishment, modification, or operation of any facility or
equipment appurtenant to a new or modified commercial
hazardous waste incinerator, from divisions (C)(1)(a), or (b), or
(c) or (C)(2) or (3) of this section.
(2) The staff of the environmental protection agency shall
not take any action under division (D)(3) of section 3734.05 of
the Revised Code to review, or to make a preliminary
determination of compliance with the rules and standards set
forth in divisions (D), (I), and (J) of section 3734.12 of the
Revised Code regarding, any If the director determines that an application for a hazardous waste
facility installation and operation permit submitted under
division (D)(3) of section 3734.05 of the Revised Code that
pertains to the establishment of a new commercial hazardous waste
incinerator, or any a request for a modification of an existing incinerator submitted under division (I)(4)
of
that section to modify an existing incinerator pertains to an increase of either
the treatment capacity of the incinerator or the quantity of
hazardous waste that is authorized to be treated by it. Upon
determining that an application or request submitted under those
divisions pertains to the establishment of a new commercial
hazardous waste incinerator or the modification of an existing
incinerator, the staff of the agency director shall cease reviewing the
application or request and shall return it and the accompanying
materials to the applicant along with a written notice that
division (C)(2) of this section precludes the staff from
reviewing or making any preliminary determination of compliance
regarding review of the application or request.
(3) The hazardous waste facility board created in section
3734.05 of the Revised Code shall not do either of the following:
(a) Approve any application for a hazardous waste facility
installation and operation permit, or issue any permit, under
divisions (D) and (F) of section 3734.05 of the Revised Code that
authorizes the establishment and operation of a new commercial
hazardous waste incinerator;
(b) Approve any request to modify an existing commercial
hazardous waste incinerator under divisions (D) and (I)(7)
of section 3734.05 of the Revised Code that authorizes an increase
in either the treatment capacity of the incinerator or the
quantity of hazardous waste authorized to be treated by it.
Sec. 3734.124. (A) Promptly after issuing a periodic
assessment under division (B) of section 3734.123 of the Revised
Code, the director of environmental protection shall make a
determination as to whether it is necessary or appropriate to
continue the restrictions established in division (C) of section
3734.123 of the Revised Code during the period of time between
the issuance of the assessment and the issuance of the next
succeeding periodic assessment or as to whether it is necessary
or appropriate to terminate the restrictions. The director shall
consider all of the following when making a determination under
this division:
(1) The findings of the assessment;
(2) The findings of an evaluation conducted by the
director, in consultation with the chairperson of the
state emergency response commission created in section 3750.02 of the
Revised Code, regarding the capability of this state to respond
to the types and frequencies of releases of hazardous waste that
are likely to occur at commercial hazardous waste incinerators;
(3) The effect that a new commercial hazardous waste
incinerator may have on ambient air quality in this state;
(4) The findings of a review of relevant information
regarding the impacts of commercial hazardous waste incinerators
on human health and the environment, such as health studies and
risk assessments;
(5) The findings of a review of the operational records of
commercial hazardous waste incinerators operating in this state;
(6) The findings of any review of relevant information
concerning the following:
(a) The cost of and access to commercial hazardous waste
incinerator capacity;
(b) The length of time and the regulatory review process
necessary to fully permit a commercial hazardous waste
incinerator;
(c) Access to long-term capital investment to fund the
building of a commercial hazardous waste incinerator in this
state;
(d) Efforts by generators of hazardous waste accepted by
commercial hazardous waste incinerators to reduce the amount of
hazardous waste that they generate.
(7) Regulatory and legislative concerns that may include,
without limitation, the provisions of paragraphs (a) and (b) of
40 C.F.R. 271.4, as they existed on April 15, 1993.
If, after considering all of the information and concerns
that the director is required to consider under divisions
(A)(1) to (7) of
this section, the director determines that it is necessary or
appropriate to terminate the restrictions established in division
(C) of section 3734.123 of the Revised Code in order to protect
human health or safety or the environment, the director shall
issue as a final action a written determination to that effect.
If the director determines that it is necessary or appropriate
for those purposes to continue the restrictions until the
issuance of the next succeeding periodic assessment under
division (B) of section 3734.123 of the Revised Code, the
director shall issue as a final action a written determination to
that effect. After the issuance as a final action of a
determination under this division that it is necessary or
appropriate to terminate the restrictions established in division
(C) of section 3734.123 of the Revised Code, the director shall
cease making the periodic determinations required under this
division.
(B) Beginning three years after April 15, 1993, but
only on and after the
date of issuance as final
actions of an assessment under division (B) of section 3734.123
of the Revised Code and a determination under division (A) of
this section that it is necessary or appropriate to terminate the
restrictions established in division (C) of section 3734.123 of
the Revised Code, any of the following may occur:
(1) The the director may do any of the following:
(a) Pursuant to division (D)(3) or (I)(4) of section 3734.05 of the
Revised Code, as applicable, transmit to the hazardous waste
facility board
created in that section an application for a hazardous waste
facility installation and operation permit that pertains to the
establishment of a new commercial hazardous waste incinerator, or
a request for a modification, as described
in divisions (I)(3)(a) to (d) of section 3734.05 of the Revised Code,
of a commercial hazardous waste
incinerator to increase either the treatment capacity of the
incinerator or the quantity of hazardous waste authorized to be
treated by it, for which the staff of the environmental
protection agency has made a preliminary determination as to whether the
application or request appears to
comply with the rules and standards set forth under divisions
(D), (I), and (K) of section 3734.05
of the Revised Code;
(b) To the extent otherwise authorized in division (I)(5)
of section 3734.05 of the Revised Code, issue a modified
hazardous
waste facility installation and operation permit under that
division that authorizes an increase in either the treatment
capacity of a commercial hazardous waste incinerator or the
quantity of hazardous waste authorized to be treated by it;
(c)(1) To the extent otherwise authorized thereunder, issue
any permit pursuant to rules adopted under division (F) of
section 3704.03 of the Revised Code, division (J) of section
6111.03 of the Revised Code, or the solid waste provisions of
this chapter and rules adopted under those provisions, that is
necessary for the establishment, modification, or operation of
any appurtenant facility or equipment that is necessary for the
operation of a new commercial hazardous waste incinerator, or for
the modification of an existing incinerator to increase either
the treatment capacity of the incinerator or the quantity of
hazardous waste authorized to be treated by it;
(d)(2) To the extent otherwise authorized in division (G) of
section 3734.02 of the Revised Code, issue an order exempting the
establishment of a new commercial hazardous waste incinerator;
the modification of an existing incinerator to
increase either the treatment capacity of the incinerator or the
quantity of hazardous waste that is authorized to be treated by
it; or the establishment, modification, or operation of any
facility or equipment appurtenant to a new or modified commercial
hazardous waste incinerator, from division (C)(1)(a), or (b), or (c)
or (C)(2) or (3) of section 3734.123 of the Revised Code.
(2) The staff of the environmental protection agency may
do both of the following:
(a) Pursuant to division (D)(3) or (I)(4) of section
3734.05 of the Revised Code, review an application for a
hazardous waste facility installation and operation permit to
establish a new commercial hazardous waste incinerator or a
request to modify an existing incinerator to increase either the
treatment capacity of the incinerator or the quantity of
hazardous waste authorized to be treated by it;
(b) Pursuant to division (D)(3) or (I)(4) of section
3734.05 of the Revised Code, make a preliminary determination as
to whether an application for a hazardous waste facility permit
to install and operate a new commercial hazardous waste
incinerator or a request to modify an existing incinerator to
increase either the treatment capacity of the incinerator or the
quantity of hazardous waste authorized to be treated by it
appears to comply with the rules and performance standards set
forth under divisions (D), (I), and (J) of section 3734.12 of the
Revised Code.
(3) The hazardous waste facility board may do both of the
following:
(a) Approve or disapprove an application for a hazardous
waste facility installation and operation permit, and issue a
permit, under divisions division (D) and (F) of section 3734.05 of the
Revised Code for a new commercial hazardous waste incinerator;
(b) Under divisions (D) and (I)(7) of that section, approve
(4) Approve or disapprove under division (I) of section 3734.05 of the Revised Code a request to modify the permit of an existing
commercial hazardous waste incinerator to increase either the
treatment capacity of the incinerator or the quantity of
hazardous waste authorized to be treated by it.
Sec. 3734.18. (A) There are hereby levied fees on the
disposal of hazardous waste to be collected according to the
following schedule at each disposal facility to which the
hazardous waste facility board has issued a hazardous waste
facility installation and operation permit or the director of
environmental protection has issued a renewal of a permit pursuant to
section 3734.05 of the Revised Code has been issued under this chapter:
(1) For disposal facilities that are off-site facilities
as defined in division (E) of section 3734.02 of the Revised
Code, fees shall be levied at the rate of four dollars and fifty
cents per ton for hazardous waste disposed of by deep well
injection and nine dollars per ton for hazardous
waste disposed
of by land application or landfilling. The owner or operator of
the facility, as a trustee for the state, shall collect the fees
and forward them to the director in accordance with rules adopted
under this section.
(2) For disposal facilities that are on-site or satellite
facilities, as defined in division (E) of section 3734.02 of the
Revised Code, fees shall be levied at the rate of two dollars per
ton for hazardous waste disposed of by deep well injection and
four dollars per ton for hazardous waste disposed of by land
application or landfilling. The maximum annual disposal fee for
an on-site disposal facility that disposes of one hundred
thousand tons or less of hazardous waste in a year is twenty-five
thousand dollars. The maximum annual disposal fee for an on-site
facility that disposes of more than one hundred thousand tons of
hazardous waste in a year by land application or landfilling is
fifty thousand dollars, and the maximum annual fee for an on-site
facility that disposes of more than one hundred thousand tons of
hazardous waste in a year by deep well injection is one hundred
thousand dollars. The maximum annual disposal fee for a
satellite facility that disposes of one hundred thousand tons or
less of hazardous waste in a year is thirty-seven thousand five
hundred dollars, and the maximum annual disposal fee for a
satellite facility that disposes of more than one hundred
thousand tons of hazardous waste in a year is seventy-five
thousand dollars, except that a satellite facility defined under
division (E)(3)(b) of section 3734.02 of the Revised Code that
receives hazardous waste from a single generation site is subject
to the same maximum annual disposal fees as an on-site disposal
facility. The owner or operator shall pay the fee to the
director each year upon the anniversary of the date of issuance
of the owner's or operator's installation and operation
permit during the term of that
permit and any renewal permit issued under division (H) of
section 3734.05 of the Revised Code. If payment is late, the
owner or operator shall pay an additional ten per cent of the
amount of the fee for each month that it is late.
(B) There are hereby levied fees at the rate of two
dollars per ton on hazardous waste that is treated
at treatment
facilities that are not on-site or satellite facilities, as
defined in division (E) of section 3734.02 of the Revised Code,
to which the hazardous waste facility board has issued a
hazardous waste facility installation and operation permit or the
director renewal of a permit has been issued a renewal permit under this chapter,
or that are not subject to the hazardous waste facility
installation and operation permit requirements under rules
adopted by the director.
(C) There are hereby levied additional fees on the
treatment and disposal of hazardous waste at the rate of ten per
cent of the applicable fees prescribed in division
(A) or (B) of this section for the purposes of paying the costs of
municipal corporations and counties for conducting reviews of
applications for hazardous waste facility installation and
operation permits for proposed new or modified hazardous waste
landfills within their boundaries, emergency response actions
with respect to releases of hazardous waste from hazardous waste
facilities within their boundaries, monitoring the operation of
such hazardous waste facilities, and local waste management
planning programs. The owner or operator of a facility located
within a municipal corporation, as a trustee for the municipal
corporation, shall collect the fees levied by this division and
forward them to the treasurer of the municipal corporation or
such officer as, by virtue of the charter, has the duties of the
treasurer in accordance with rules adopted under this
section. The owner or operator of a facility located in an
unincorporated area, as a trustee of the county in which the
facility is located, shall collect the fees levied by this
division and forward them to the county treasurer of that county
in accordance with rules adopted under this section. The
owner or operator shall pay the fees levied by this division to
the treasurer or such other officer of the municipal corporation
or to the county treasurer each year upon the anniversary of the
date of issuance of the owner's or operator's installation and
operation
permit during the term of that permit and any renewal permit
issued under division (H) of section 3734.05 of the Revised Code.
If payment is late, the owner or operator shall pay an additional ten per cent
of the amount of the fee for each month that the payment is late.
Moneys received by a municipal corporation under this
division shall be paid into a special fund of the municipal
corporation and used exclusively for the purposes of conducting
reviews of applications for hazardous waste facility installation
and operation permits for new or modified hazardous waste
landfills located or proposed within the municipal corporation,
conducting emergency response actions with respect to releases of
hazardous waste from facilities located within the municipal
corporation, monitoring operation of such hazardous waste
facilities, and conducting waste management planning programs
within the municipal corporation through employees of the
municipal corporation or pursuant to contracts entered into with
persons or political subdivisions. Moneys received by a board of
county commissioners under this division shall be paid into a
special fund of the county and used exclusively for those
purposes within the unincorporated area of the county through
employees of the county or pursuant to contracts entered into
with persons or political subdivisions.
(D) As used in this section, "treatment" or "treated" does
not include any method, technique, or process designed to recover
energy or material resources from the waste or to render the
waste amenable for recovery. The fees levied by
division (B)
of this section do not apply to hazardous waste that is
treated and disposed of on the same premises or by the same
person.
(E) The director, by rules adopted in accordance with
Chapters 119. and 3745. of the Revised Code, shall prescribe any
dates not specified in this section and procedures for collecting
and forwarding the fees prescribed by this section and may
prescribe other requirements that are necessary to carry out this
section.
The director shall deposit the moneys collected under
divisions (A) and (B) of this section into one
or more
minority banks, as "minority bank" is defined in division
(F)(1)
of section 135.04 of the Revised Code, to the credit of the
hazardous waste facility management fund, which is hereby created
in the state treasury, except that the director shall deposit to
the credit of the underground injection control fund created in
section 6111.046 of the Revised Code moneys in excess of fifty
thousand dollars that are collected during a fiscal year under
division (A)(2) of this section from the fee levied on the
disposal of hazardous waste by deep well injection at an on-site
disposal facility that disposes of more than one hundred thousand
tons of hazardous waste in a year.
The environmental protection agency and the hazardous waste
facility board may use moneys in the hazardous waste facility
management fund for administration of the hazardous waste program
established under this chapter and, in accordance with this
section, may request approval by the controlling board for
that
use on an annual basis. In addition, the agency may use and
pledge moneys in that fund for repayment of and for interest on
any loans made by the Ohio water development authority to the
agency for the hazardous waste program established under this
chapter without the necessity of requesting approval by the
controlling board, which use and pledge shall have priority over
any other use of the moneys in the fund.
Until September 28, 1996, the
director also may use moneys in the fund to pay
the start-up costs of administering Chapter 3746. of the Revised Code.
If moneys in the fund
that the agency uses in accordance with this chapter are
reimbursed by grants or other moneys from the United States
government, the grants or other moneys shall be placed in the
fund.
Before the agency makes any expenditure from the fund other than for repayment
of and
interest on any loan made by the Ohio water development authority
to the agency in accordance with this section, the controlling
board shall approve the expenditure.
Sec. 3734.28. All moneys collected under sections 3734.122,
3734.13,
3734.20,
3734.22, 3734.24, and 3734.26 of the Revised
Code and natural resource damages
collected by the state under the
"Comprehensive Environmental Response,
Compensation, and Liability
Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as amended, shall
be
paid into
the state treasury to the credit of the hazardous
waste clean-up fund, which
is hereby created. The environmental
protection agency shall use the moneys
in the fund for the
purposes set forth in division (D) of section
3734.122, sections
3734.19, 3734.20, 3734.21, 3734.23,
3734.25, 3734.26,
and
3734.27, and, through June 30,
2003 October 15, 2005,
divisions (A)(1) and (2)
of
section 3745.12 and
Chapter 3746. of the Revised
Code,
including
any related enforcement expenses. In addition, the
agency
shall
use the moneys in the fund to pay the state's
long-term operation
and
maintenance costs or matching share for
actions taken under
the
"Comprehensive Environmental Response,
Compensation, and
Liability Act of 1980," as
amended. If those
moneys are
reimbursed by grants or other moneys from the
United
States or any
other person, the moneys shall be
placed in the fund
and not in
the general revenue fund.
Sec. 3734.42. (A)(1) Except as otherwise provided in division (E)(2) of this
section, every applicant for a permit other
than a permit modification or renewal shall file a disclosure
statement, on a form developed by the attorney general, with the
director of environmental protection and the attorney general at
the same time the applicant files an
application for a permit other than a permit modification or renewal with the
director.
(2) Any individual required to be listed in the disclosure
statement shall be fingerprinted for identification and
investigation purposes in accordance with procedures established
by the attorney general. An
individual required to be fingerprinted under this section shall not be
required to be fingerprinted more than once under this section.
(3) The attorney general, within one hundred eighty days
after receipt of the disclosure statement from an applicant for a
permit, shall prepare and transmit to the director an
investigative report on the applicant, based in part upon the
disclosure statement, except that this deadline may be extended
for a reasonable period of time, for good cause, by the director
or the attorney general. In preparing this report, the attorney
general may request and receive criminal history information from
the federal bureau of investigation and any other law enforcement
agency or organization. The attorney general may provide such
confidentiality regarding the information received from a law
enforcement agency as may be imposed by that agency as a
condition for providing that information to the attorney general.
(4) The review of the application by the director or the
hazardous waste facility board shall include a review of the
disclosure statement and investigative report.
(B) All applicants and permittees shall provide any
assistance or information requested by the director or the
attorney general and shall cooperate in any inquiry or
investigation conducted by the attorney general and any inquiry,
investigation, or hearing conducted by the director or the
hazardous waste facility board. If, upon issuance of a formal
request to answer any inquiry or produce information, evidence,
or testimony, any applicant or permittee, any officer, director,
or partner of any business concern, or any key employee of the
applicant or permittee refuses to comply, the permit of the
applicant or permittee may be denied or revoked by the director
or the board.
(C) The attorney general may charge and collect such fees
from applicants and permittees as are necessary to cover the
costs of administering and enforcing the investigative procedures
authorized in sections 3734.41 to 3734.47 of the Revised Code.
The attorney general shall transmit moneys collected under this
division to the treasurer of state to be credited to the solid
and hazardous waste background investigations fund, which is
hereby created in the state treasury. Moneys in the fund shall
be used solely for paying the attorney general's costs of
administering and enforcing the investigative procedures
authorized in sections 3734.41 to 3734.47 of the Revised Code.
(D) Annually on the anniversary date of the submission to
the director by the attorney general of the investigative report
for a specific facility, or annually on another date assigned by
the attorney general, the appropriate applicant, permittee, or
prospective owner shall submit to the attorney general, on a form
provided by the attorney general, any and all information
required to be included in a disclosure statement that has
changed or been added in the immediately preceding year. If, in the
immediately preceding year, there have been no changes in or additions to the
information required to be included in a disclosure statement, the appropriate
applicant, permittee, or prospective owner shall submit to the attorney
general an affidavit stating that there have been no changes in or additions
to
that information during that time period.
Notwithstanding the requirement for an annual submission of
information, the following information shall be submitted within
the periods specified:
(1) Information required to be included in the disclosure
statement for any new officer, director, partner, or key
employee, to be submitted within ninety days from the addition of
the officer, director, partner, or key employee;
(2) Information required to be included in a disclosure
statement for any new business concern, to be submitted within
ninety days from the addition of the new business concern;
(3) Information regarding any new criminal conviction, to
be submitted within ninety days from the judgment entry of
conviction.
The failure to provide such information may constitute the
basis for the revocation or denial of renewal of any permit or
license issued in accordance with this chapter, provided that
prior to any such denial or revocation, the director shall notify
the applicant or permittee of the director's intention to do so
and give the applicant or permittee fourteen days from the date
of the notice to explain why the information was not provided.
The director shall consider this information when determining
whether to revoke or deny the permit or license.
Nothing in this division affects the rights of the director
or the attorney general granted under sections 3734.40 to 3734.47
of the Revised Code to request information from a person at any
other time.
(E)(1) Except as otherwise provided in division (E)(2) of this section, every
permittee who is not otherwise required to file
a disclosure statement shall file a disclosure statement within
five years after June 24, 1988, pursuant to a schedule for
submissions of disclosure statements developed by the attorney
general. The schedule shall provide all permittees and holders
of a license with at least one hundred eighty days'
notice prior
to the date upon which the statement is to be submitted. All
other terms of the schedule shall be established at the
discretion of the attorney general and shall not be subject to
judicial review.
(2) An applicant for a permit for an off-site solid waste facility that is a
scrap tire storage, monocell, monofill, or recovery facility issued under
section 3734.76, 3734.77, or 3734.78 of the Revised Code, as applicable, shall
file a disclosure statement within five years after October
29, 1993, pursuant to
a schedule for submissions of disclosure statements
developed by the attorney general. The schedule shall provide all such
applicants with at least one hundred eighty days' notice prior to the date
upon which the statement shall be submitted. All other terms of the schedule
shall be established at the discretion of the attorney general and shall not
be subject to judicial review.
Beginning five years after
October 29, 1993, an applicant
for such a permit shall file a disclosure statement in accordance with
division (A)(1) of this section.
(3) When a permittee submits a disclosure statement at the time
it submits an application for a renewal or modification of its
permit, the attorney general shall remove the permittee from the
submission schedule established pursuant to division (E)(1) or (2) of this
section.
(4) After receiving a disclosure statement under division (E)(1) or (2) of
this section, the attorney
general shall prepare an investigative report and transmit it to
the director. The director shall review the disclosure statement
and investigative report to determine whether the statement or
report contains information that if submitted with a permit
application would require a denial of the permit pursuant to
section 3734.44 of the Revised Code. If the director determines
that the statement or report contains such information, the
director may revoke any previously issued permit pursuant to section
3734.45 of the Revised Code, or the director shall deny any
application for a renewal of a permit or license. When the renewal of the
license is being performed by a board of health, the director shall instruct
the board of health about those circumstances under which the renewal is
required to be denied by this section.
(F)(1) Whenever there is a change in ownership of any
off-site solid waste facility, including incinerators, any
transfer facility, any off-site infectious waste treatment
facility, or any off-site hazardous waste treatment, storage, or
disposal facility, the prospective owner shall file a disclosure
statement with the attorney general and the director at least one
hundred eighty days prior to the proposed change in ownership.
Upon receipt of the disclosure statement, the attorney general
shall prepare an investigative report and transmit it to the
director. The director shall review the disclosure statement and
investigative report to determine whether the statement or report
contains information that if submitted with a permit application
would require a denial of the permit pursuant to section 3734.44
of the Revised Code. If the director determines that the
statement or report contains such information, the director
shall disapprove the change in ownership.
(2) If the parties to a change in ownership decide to
proceed with the change prior to the action of the director on
the disclosure statement and investigative report, the parties
shall include in all contracts or other documents reflecting the
change in ownership language expressly making the change in
ownership subject to the approval of the director and expressly
negating the change if it is disapproved by the director pursuant
to division (F)(1) of this section.
(3) As used in this section, "change in ownership"
includes any change in the names, other than those of officers,
directors, partners, or key employees, contained in the
disclosure statement.
Sec. 3734.44. Notwithstanding the provisions of any law to
the contrary, no permit or license shall be issued or renewed
by the director of environmental protection, the hazardous waste
facility board, or a board of health:
(A) Unless the director, the hazardous waste facility
board, or the board of health finds that the applicant, in any
prior performance record in the transportation, transfer,
treatment, storage, or disposal of solid wastes, infectious
wastes, or hazardous waste, has exhibited sufficient reliability,
expertise, and competency to operate the solid waste, infectious
waste, or hazardous waste facility, given the potential for harm
to human health and the environment that could result from the
irresponsible operation of the facility, or, if no prior
record exists,
that the applicant is likely to exhibit that reliability,
expertise, and competence;
(B) If any individual or business concern required to be
listed in the disclosure statement or shown to have a beneficial
interest in the business of the applicant or the permittee, other
than an equity interest or debt liability, by the investigation
thereof, has been convicted of any of the following crimes under
the laws of this state or equivalent laws of any other
jurisdiction:
(10) Theft and related crimes;
(11) Forgery and fraudulent practices;
(12) Fraud in the offering, sale, or purchase of
securities;
(13) Alteration of motor vehicle identification numbers;
(14) Unlawful manufacture, purchase, use, or transfer of
firearms;
(15) Unlawful possession or use of destructive devices or
explosives;
(16) Violation of section 2925.03, 2925.04, 2925.05,
2925.06, 2925.11,
2925.32, or 2925.37 or Chapter 3719. of the Revised Code,
unless the violation is for possession of less than one hundred grams
of marihuana, less than five grams of marihuana resin
or extraction or preparation of
marihuana resin, or less than one gram of marihuana resin
in a liquid concentrate, liquid extract, or liquid distillate form;
(17) Engaging in a pattern of corrupt activity under section 2923.32 of the
Revised Code;
(18) Violation of criminal provisions of Chapter 1331. of
the Revised Code;
(19) Any violation of the criminal provisions of any
federal or state environmental protection laws, rules, or
regulations that is committed knowingly or recklessly, as
defined in section 2901.22 of the Revised Code;
(20) Violation of Chapter 2909. of the Revised Code;
(21) Any offense specified in Chapter 2921. of the Revised Code.
(C) Notwithstanding division (B) of this section, no
applicant shall be denied the issuance or renewal of a permit or
license on the basis of a conviction of any individual or
business concern required to be listed in the disclosure
statement or shown to have a beneficial interest in the business
of the applicant or the permittee, other than an equity interest
or debt liability, by the investigation thereof for any of the
offenses enumerated in that division as disqualification criteria
if that applicant has affirmatively demonstrated rehabilitation
of the individual or business concern by a preponderance of the
evidence. If any such individual was
convicted of any of the offenses so enumerated that are felonies,
a permit shall be denied unless five years have elapsed since the individual
was fully discharged from
imprisonment and parole for the offense, from a
post-release control sanction imposed under section 2967.28
of the Revised Code for the offense, or imprisonment, probation, and parole
for an offense
that was committed prior to the effective date of this amendment. In
determining whether an applicant has affirmatively demonstrated
rehabilitation, the director, the hazardous waste facility board,
or the board of health shall request a recommendation on the
matter from the attorney general and shall consider and base the
determination on the following factors:
(1) The nature and responsibilities of the position a
convicted individual would hold;
(2) The nature and seriousness of the offense;
(3) The circumstances under which the offense occurred;
(4) The date of the offense;
(5) The age of the individual when the offense was
committed;
(6) Whether the offense was an isolated or repeated
incident;
(7) Any social conditions that may have contributed to the
offense;
(8) Any evidence of rehabilitation, including good conduct
in prison or in the community, counseling or psychiatric
treatment received, acquisition of additional academic or
vocational schooling, successful participation in correctional
work release programs, or the recommendation of persons who have
or have had the applicant under their supervision;
(9) In the instance of an applicant that is a business
concern, rehabilitation shall be established if the applicant has
implemented formal management controls to minimize and prevent
the occurrence of violations and activities that will or may
result in permit or license denial or revocation or if the
applicant has formalized those controls as a result of a
revocation or denial of a permit or license. Those
controls may include, but are not limited to, instituting
environmental auditing
programs to help ensure the adequacy of internal systems to
achieve, maintain, and monitor compliance with applicable
environmental laws and standards or instituting an antitrust
compliance auditing program to help ensure full compliance with
applicable antitrust laws. The business concern shall prove by a
preponderance of the evidence that the management controls are
effective in preventing the violations that are the subject of
concern.
(D) Unless the director, the hazardous waste facility board,
or the board of health finds that the applicant has a history of
compliance with environmental laws in this state and other
jurisdictions and is presently in substantial compliance with, or
on a legally enforceable schedule that will result in compliance
with, environmental laws in this state and other jurisdictions.;
(E) With respect to the approval of a permit, if the
director or the hazardous waste facility board determines that
current prosecutions or pending charges in any jurisdiction for
any of the offenses enumerated in division (B) of this section
against any individual or business concern required to be listed
in the disclosure statement or shown by the investigation to have
a beneficial interest in the business of the applicant other than
an equity interest or debt liability are of such magnitude that
they prevent making the finding required under division (A) of
this section, provided that at the request of the applicant or
the individual or business concern charged, the director or the hazardous
waste facility board shall defer
decision upon the application during the pendency of the charge.
Sec. 3734.46. Notwithstanding the disqualification of the applicant or
permittee pursuant to this chapter, the director of environmental protection,
hazardous waste facility board, or the board of health may issue or renew a permit
or license if the applicant or permittee severs the interest of or affiliation
with the individual or business concern that would otherwise cause that
disqualification or may issue or renew a license on a temporary basis for a
period not to exceed six months if the director or the board of health determines that
the issuance or renewal of the permit or license is necessitated by the public
interest.
Sec. 3734.57. (A) For the purposes of paying the state's
long-term operation costs or matching share for actions taken
under the
"Comprehensive Environmental Response, Compensation,
and
Liability Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as
amended; paying the costs of measures for proper clean-up of
sites
where polychlorinated biphenyls and substances, equipment,
and
devices containing or contaminated with polychlorinated
biphenyls
have been stored or disposed of; paying the costs of
conducting
surveys or investigations of solid waste facilities or
other
locations where it is believed that significant quantities
of
hazardous waste were disposed of and for conducting
enforcement
actions arising from the findings of such surveys or
investigations; paying the costs of acquiring and cleaning
up, or
providing financial assistance for cleaning up, any
hazardous
waste facility or solid waste facility containing
significant
quantities of hazardous waste, that constitutes an
imminent and
substantial threat to public health or safety or the
environment;
and, from July 1,
2001 2003, through June 30,
2004 2006,
for the
purposes
of paying the costs of administering and
enforcing the
laws
pertaining to solid wastes, infectious wastes,
and
construction
and demolition debris, including, without
limitation,
ground water
evaluations related to solid wastes,
infectious
wastes, and
construction and demolition debris, under
this chapter
and Chapter
3714. of the Revised Code and any rules
adopted under
them, and
paying a share of the administrative
costs of the
environmental
protection agency pursuant to section
3745.014 of
the Revised
Code, the following fees are hereby
levied on the
disposal of
solid wastes in this state:
(1) One dollar per ton on and after July 1, 1993;
(2) An additional seventy-five cents one dollar per ton on
and after
July 1,
2001 2003, through June 30,
2004 2006.
The owner or operator of a solid waste disposal facility
shall collect the fees levied under this division as a trustee
for
the state and shall prepare and file with the director of
environmental protection monthly returns indicating the total
tonnage of solid wastes received for disposal at the gate of the
facility and the total amount of the fees collected under this
division. Not later than thirty days after the last day of the
month to which such a return applies, the owner or operator shall
mail to the director the return for that month together with the
fees collected during that month as indicated on the return. The
owner or operator may request an extension of not more than
thirty
days for filing the return and remitting the fees,
provided that
the owner or operator has submitted such a
request in writing to
the
director together with a detailed description of why the
extension is requested, the director has received the request not
later than the day on which the return is required to be filed,
and the director has approved the request. If the fees are not
remitted within sixty days after the last day of the month during
which they were collected, the owner or operator shall pay an
additional fifty per cent of the amount of the fees for each
month
that they are late.
One-half of the moneys remitted to the director under
division (A)(1) of this section shall be credited to the
hazardous
waste facility management fund created in section
3734.18 of the
Revised Code, and one-half shall be credited to
the hazardous
waste clean-up fund created in section 3734.28 of
the Revised
Code. The moneys remitted to the director under
division (A)(2)
of this section shall be credited to the solid
waste fund, which
is hereby created in the state treasury. The
environmental
protection agency shall use moneys in the solid
waste fund only to
pay the costs of administering and enforcing
the laws pertaining
to solid wastes, infectious wastes, and
construction and
demolition debris, including, without
limitation, ground water
evaluations related to solid wastes,
infectious wastes, and
construction and demolition debris, under
this chapter and Chapter
3714. of the Revised Code and rules
adopted
under them and to pay
a share of the administrative costs of the
environmental
protection agency pursuant to section 3745.014 of
the Revised
Code.
The fees levied under this division and divisions (B) and
(C)
of this section are in addition to all other applicable fees
and
taxes and shall be added to any other fee or amount specified
in a
contract that is charged by the owner or operator of a solid
waste
disposal facility or to any other fee or amount that is
specified
in a contract entered into on or after March 4, 1992,
and that is
charged by a transporter of solid wastes.
(B) For the purpose of preparing, revising, and
implementing
the solid waste management plan of the county or
joint solid waste
management district, including, without
limitation, the
development and implementation of solid waste
recycling or
reduction programs; providing financial assistance
to boards of
health within the district, if solid waste
facilities are located
within the district, for the enforcement
of this chapter and rules
adopted
and orders and terms and conditions of permits, licenses,
and
variances issued under it, other than the hazardous waste
provisions of this chapter and rules adopted and orders and terms
and conditions of permits issued under those provisions;
providing
financial
assistance to the county to defray the added costs of
maintaining
roads and other public facilities and of providing
emergency and
other public services resulting from the location
and operation
of a solid waste facility within the county under
the district's
approved solid waste management plan; paying the
costs incurred
by boards of health for collecting and analyzing
water samples
from public or private wells on lands adjacent to
solid waste
facilities that are contained in the approved or
amended plan of
the district; paying the costs of developing and
implementing a
program for the inspection of solid wastes
generated outside the
boundaries of this state that are disposed
of at solid waste
facilities included in the district's approved
solid waste
management plan or amended plan; providing financial
assistance
to boards of health within the district for enforcing
laws
prohibiting open dumping; providing financial assistance to
local
law enforcement agencies within the district for enforcing
laws
and ordinances prohibiting littering; providing financial
assistance to boards of health of health districts within the
district that are on the approved list under section 3734.08 of
the Revised Code for the training and certification required for
their employees responsible for solid waste enforcement by rules
adopted under division (L) of section 3734.02 of the Revised
Code;
providing financial assistance to individual municipal
corporations and townships within the district to defray their
added costs of maintaining roads and other public facilities and
of providing emergency and other public services resulting from
the location and operation within their boundaries of a
composting, energy or resource recovery, incineration, or
recycling facility that either is owned by the district or is
furnishing solid waste management facility or recycling services
to the district pursuant to a contract or agreement with the
board
of county commissioners or directors of the district; and
payment
of any expenses that are agreed to, awarded, or ordered to be paid
under section 3734.35 of the Revised Code
and of any
administrative costs incurred pursuant
to that section, the solid
waste management policy committee of a county
or joint solid waste
management district may levy fees upon the following
activities:
(1) The disposal at a solid waste disposal facility
located
in the district of solid wastes generated within the
district;
(2) The disposal at a solid waste disposal facility within
the district of solid wastes generated outside the boundaries of
the district, but inside this state;
(3) The disposal at a solid waste disposal facility within
the district of solid wastes generated outside the boundaries of
this state.
If any such fees are levied prior to January 1, 1994, fees
levied under division (B)(1) of this section always shall be
equal
to one-half of the fees levied under division (B)(2) of
this
section, and fees levied under division (B)(3) of this
section,
which shall be in addition to fees levied under division
(B)(2) of
this section, always shall be equal to fees levied
under division
(B)(1) of this section, except as otherwise
provided in this
division. The solid waste management plan of
the county or joint
district approved under section 3734.521 or
3734.55 of the Revised
Code and any amendments to it, or the
resolution adopted under
this division, as appropriate, shall
establish the rates of the
fees levied under divisions (B)(1),
(2), and (3) of this section,
if any, and shall specify whether
the fees are levied on the basis
of tons or cubic yards as the
unit of measurement. Although the
fees under divisions (A)(1)
and (2) of this section are levied on
the basis of tons as the
unit of measurement, the solid waste
management plan of the
district and any amendments to it or the
solid waste management
policy committee in its resolution levying
fees under this
division may direct that the fees levied under
those divisions be
levied on the basis of cubic yards as the unit
of measurement
based upon a conversion factor of three cubic yards
per ton
generally or one cubic yard per ton for baled wastes if
the fees
under divisions (B)(1) to (3) of this section are being
levied on
the basis of cubic yards as the unit of measurement
under the
plan, amended plan, or resolution.
On and after January 1, 1994, the fee levied under division
(B)(1) of this section shall be not less than one dollar per ton
nor more than two dollars per ton, the fee levied under division
(B)(2) of this section shall be not less than two dollars per ton
nor more than four dollars per ton, and the fee levied under
division (B)(3) of this section shall be not more than the fee
levied under division (B)(1) of this section, except as otherwise
provided in this division and notwithstanding any schedule of
those fees established in the solid waste management plan of a
county or joint district approved under section 3734.55 of the
Revised Code or a resolution adopted and ratified under this
division that is in effect on that date. If the fee that a
district is levying under division (B)(1) of this section on that
date under its approved plan or such a resolution is less than
one
dollar per ton, the fee shall be one dollar per ton on and
after
January 1, 1994, and if the fee that a district is so
levying
under that division exceeds two dollars per ton, the fee
shall be
two dollars per ton on and after that date. If the fee
that a
district is so levying under division (B)(2) of this
section is
less than two dollars per ton, the fee shall be two
dollars per
ton on and after that date, and if the fee that the
district is so
levying under that division exceeds four dollars
per ton, the fee
shall be four dollars per ton on and after that
date. On that
date, the fee levied by a district under division
(B)(3) of this
section shall be equal to the fee levied under
division (B)(1) of
this section. Except as otherwise provided in
this division, the
fees established by the operation of this
amendment shall remain
in effect until the district's resolution
levying fees under this
division is amended or repealed in
accordance with this division
to amend or abolish the schedule of
fees, the schedule of fees is
amended or abolished in an amended
plan of the district approved
under section 3734.521 or division
(A) or (D) of section 3734.56
of the Revised Code, or the
schedule of fees is amended or
abolished through an amendment to
the district's plan under
division (E) of section 3734.56 of the
Revised Code; the
notification of the amendment or abolishment of
the fees has been
given in accordance with this division; and
collection of the
amended fees so established commences, or
collection of the fees
ceases, in accordance with this division.
The solid waste management policy committee of a district
levying fees under divisions (B)(1) to (3) of this
section on
October 29, 1993, under its solid waste management plan
approved
under section 3734.55 of the
Revised Code or a resolution adopted
and ratified under this
division that are within the ranges of
rates prescribed by this
amendment, by adoption of a resolution
not later than December 1,
1993, and without the necessity for
ratification of the
resolution under this division, may amend
those fees within the
prescribed ranges, provided that the
estimated revenues from the
amended fees will not substantially
exceed the estimated revenues
set forth in the district's budget
for calendar year 1994. Not
later than seven days after the
adoption of such a resolution,
the committee shall notify by
certified mail the owner or
operator of each solid waste disposal
facility that is required
to collect the fees of the adoption of
the resolution and of the
amount of the amended fees. Collection
of the amended fees shall
take effect on the first day of the
first month following the
month in which the notification is sent
to the owner or operator. The
fees established in such a
resolution shall remain in effect
until the district's resolution
levying fees that was adopted and
ratified under this division is
amended or repealed, and the
amendment or repeal of the resolution
is ratified, in accordance
with this division, to amend or abolish
the fees, the schedule of
fees is amended or abolished in an
amended plan of the district
approved under section 3734.521 or
division
(A) or (D) of section 3734.56 of the Revised Code, or the
schedule of fees is amended or abolished through an amendment to
the district's plan under division (E) of section 3734.56 of the
Revised Code; the notification of the amendment or abolishment of
the fees has been given in accordance with this division; and
collection of the amended fees so established commences, or
collection of the fees ceases, in accordance with this division.
Prior to the approval of the solid waste management plan of
the district under section 3734.55 of the Revised Code, the solid
waste management policy committee of a district may levy fees
under this division by adopting a resolution establishing the
proposed amount of the fees. Upon adopting the resolution, the
committee shall deliver a copy of the resolution to the board of
county commissioners of each county forming the district and to
the legislative authority of each municipal corporation and
township under the jurisdiction of the district and shall prepare
and publish the resolution and a notice of the time and location
where a public hearing on the fees will be held. Upon adopting
the resolution, the committee shall deliver written notice of the
adoption of the resolution; of the amount of the proposed fees;
and of the date, time, and location of the public hearing to the
director and to the fifty industrial, commercial, or
institutional
generators of solid wastes within the district that
generate the
largest quantities of solid wastes, as determined by
the
committee, and to their local trade associations. The
committee
shall make good faith efforts to identify those
generators within
the district and their local trade
associations, but the
nonprovision of notice under this division
to a particular
generator or local trade association does not
invalidate the
proceedings under this division. The publication
shall occur at
least thirty days before the hearing. After the
hearing, the
committee may make such revisions to the proposed
fees as it
considers appropriate and thereafter, by resolution,
shall adopt
the revised fee schedule. Upon adopting the revised
fee schedule,
the committee shall deliver a copy of the
resolution doing so to
the board of county commissioners of each
county forming the
district and to the legislative authority of
each municipal
corporation and township under the jurisdiction of
the district.
Within sixty days after the delivery of a copy of
the resolution
adopting the proposed revised fees by the policy
committee, each
such board and legislative authority, by
ordinance or resolution,
shall approve or disapprove the revised
fees and deliver a copy of
the ordinance or resolution to the
committee. If any such board
or legislative authority fails to
adopt and deliver to the policy
committee an ordinance or
resolution approving or disapproving the
revised fees within
sixty days after the policy committee
delivered its resolution
adopting the proposed revised fees, it
shall be conclusively
presumed that the board or legislative
authority has approved the
proposed revised fees.
In the case of a county district or a joint district formed
by two or three counties, the committee shall declare the
proposed
revised fees to be ratified as the fee schedule of the
district
upon determining that the board of county commissioners
of each
county forming the district has approved the proposed
revised fees
and that the legislative authorities of a
combination of municipal
corporations and townships with a
combined population within the
district comprising at least sixty
per cent of the total
population of the district have approved
the proposed revised
fees, provided that in the case of a county
district, that
combination shall include the municipal
corporation having the
largest population within the boundaries
of the district, and
provided further that in the case of a joint
district formed by
two or three counties, that combination shall
include for each
county forming the joint district the municipal
corporation having
the largest population within the boundaries
of both the county in
which the municipal corporation is located
and the joint district.
In the case of a joint district formed
by four or more counties,
the committee shall declare the
proposed revised fees to be
ratified as the fee schedule of the
joint district upon
determining that the boards of county
commissioners of a majority
of the counties forming the district
have approved the proposed
revised fees; that, in each of a
majority of the counties forming
the joint district, the proposed
revised fees have been approved
by the municipal corporation
having the largest population within
the county and the joint
district; and that the legislative
authorities of a combination
of municipal corporations and
townships with a combined
population within the joint district
comprising at least sixty
per cent of the total population of the
joint district have
approved the proposed revised fees.
For the purposes of this division, only the population of
the
unincorporated area of a township shall be considered. For
the
purpose of determining the largest municipal corporation
within
each county under this division, a municipal corporation
that is
located in more than one solid waste management district,
but that
is under the jurisdiction of one county or joint solid
waste
management district in accordance with division (A) of
section
3734.52 of the Revised Code shall be considered to be
within the
boundaries of the county in which a majority of the
population of
the municipal corporation resides.
The committee may amend the schedule of fees levied
pursuant
to a resolution or amended resolution adopted and
ratified under
this division by adopting a resolution
establishing the proposed
amount of the amended fees. The
committee may abolish the fees
levied pursuant to such a
resolution or amended resolution by
adopting a resolution
proposing to repeal them. Upon adopting
such a resolution, the
committee shall proceed to obtain
ratification of the resolution
in accordance with this division.
Not later than fourteen days after declaring the fees or
amended fees to be ratified under this division, the committee
shall notify by certified mail the owner or operator of each
solid
waste disposal facility that is required to collect the
fees of
the ratification and the amount of the fees. Collection
of any
fees or amended fees ratified on or after March 24, 1992,
shall
commence on the first day of the second month following the
month
in which notification is sent to the owner or operator.
Not later than fourteen days after declaring the repeal of
the district's schedule of fees to be ratified under this
division, the committee shall notify by certified mail the owner
or operator of each facility that is collecting the fees of the
repeal. Collection of the fees shall cease on the first day of
the second month following the month in which notification is
sent
to the owner or operator.
Not later than fourteen days after the director issues an
order approving a district's solid waste management plan under
section 3734.55 of the Revised Code or amended plan under
division
(A) or (D) of section 3734.56 of the Revised Code that
establishes
or amends a schedule of fees levied by the district,
or the
ratification of an amendment to the district's approved
plan or
amended plan under division (E) of section 3734.56 of the
Revised
Code that establishes or amends a schedule of fees, as
appropriate, the committee shall notify by certified mail the
owner or operator of each solid waste disposal facility that is
required to collect the fees of the approval of the plan or
amended plan, or the amendment to the plan, as appropriate, and
the amount of the fees or amended fees. In the case of an
initial
or amended plan approved under section 3734.521 of the
Revised
Code in connection with a change in district composition,
other
than one involving the withdrawal of a county from a joint
district, that establishes or amends a schedule of fees levied
under divisions (B)(1) to (3) of this section by a district
resulting from the change, the committee, within fourteen days
after the change takes effect pursuant to division (G) of that
section, shall notify by certified mail the owner or operator of
each solid waste disposal facility that is required to collect
the
fees that the change has taken effect and of the amount of
the
fees or amended fees. Collection of any fees set forth in a
plan
or amended plan approved by the director on or after April
16,
1993, or an amendment of a plan or amended plan under
division (E)
of section 3734.56 of the Revised Code that is
ratified on or
after April 16, 1993, shall commence on the first
day of the
second month following the month in which notification
is sent to
the owner or operator.
Not later than fourteen days after the director issues an
order approving a district's plan under section 3734.55 of the
Revised Code or amended plan under division (A) or (D) of section
3734.56 of the Revised Code that abolishes the schedule of fees
levied under divisions (B)(1) to (3) of this section, or an
amendment to the district's approved plan or amended plan
abolishing the schedule of fees is ratified pursuant to division
(E) of section 3734.56 of the Revised Code, as appropriate, the
committee shall notify by certified mail the owner or operator of
each facility that is collecting the fees of the approval of the
plan or amended plan, or the amendment of the plan or amended
plan, as appropriate, and the abolishment of the fees. In the
case of an initial or amended plan approved under section
3734.521
of the Revised Code in connection with a change in
district
composition, other than one involving the withdrawal of
a county
from a joint district, that abolishes the schedule of
fees levied
under divisions (B)(1) to (3) of this section by a
district
resulting from the change, the committee, within
fourteen days
after the change takes effect pursuant to division
(G) of that
section, shall notify by certified mail the owner or
operator of
each solid waste disposal facility that is required
to collect the
fees that the change has taken effect and of the
abolishment of
the fees. Collection of the fees shall cease on
the first day of
the second month following the month in which
notification is sent
to the owner or operator.
Except as otherwise provided in this division, if the
schedule of fees that a district is levying under divisions
(B)(1)
to (3) of this section pursuant to a resolution or amended
resolution adopted and ratified under this division, the solid
waste management plan of the district approved under section
3734.55 of the Revised Code, an amended plan approved under
division (A) or (D) of section 3734.56 of the Revised Code, or an
amendment to the district's approved plan or amended plan under
division (E) of section 3734.56 of the Revised Code, is amended
by
the adoption and ratification of an amendment to the
resolution or
amended resolution or an amendment of the
district's approved plan
or amended plan, the fees in effect
immediately prior to the
approval of the plan or the amendment of
the resolution, amended
resolution, plan, or amended plan, as
appropriate, shall continue
to be collected until collection of
the amended fees commences
pursuant to this division.
If, in the case of a change in district composition
involving
the withdrawal of a county from a joint district, the
director
completes the actions required under division (G)(1) or
(3) of
section 3734.521 of the Revised Code, as appropriate,
forty-five
days or more before the beginning of a calendar year,
the policy
committee of each of the districts resulting from the
change that
obtained the director's approval of an initial or
amended plan in
connection with the change, within fourteen days
after the
director's completion of the required actions, shall
notify by
certified mail the owner or operator of each solid
waste disposal
facility that is required to collect the
district's fees that the
change is to take effect on the first
day of January immediately
following the issuance of the notice
and of the amount of the fees
or amended fees levied under
divisions (B)(1) to (3) of this
section pursuant to the
district's initial or amended plan as so
approved or, if
appropriate, the abolishment of the district's
fees by that
initial or amended plan. Collection of any fees set
forth in
such a plan or amended plan shall commence on the first
day of
January immediately following the issuance of the notice.
If
such an initial or amended plan abolishes a schedule of fees,
collection of the fees shall cease on that first day of January.
If, in the case of a change in district composition
involving
the withdrawal of a county from a joint district, the
director
completes the actions required under division (G)(1) or
(3) of
section 3734.521 of the Revised Code, as appropriate, less
than
forty-five days before the beginning of a calendar year, the
director, on behalf of each of the districts resulting from the
change that obtained the director's approval of an initial or
amended plan in connection with the change proceedings, shall
notify by certified mail the owner or operator of each solid
waste
disposal facility that is required to collect the
district's fees
that the change is to take effect on the first
day of January
immediately following the mailing of the notice
and of the amount
of the fees or amended fees levied under
divisions (B)(1) to (3)
of this section pursuant to the
district's initial or amended plan
as so approved or, if
appropriate, the abolishment of the
district's fees by that
initial or amended plan. Collection of
any fees set forth in
such a plan or amended plan shall commence
on the first day of
the second month following the month in which
notification is
sent to the owner or operator. If such an initial
or amended
plan abolishes a schedule of fees, collection of the
fees shall
cease on the first day of the second month following
the month in
which notification is sent to the owner or operator.
In the case of a change in district composition, the
schedule
of fees that the former districts that existed prior to
the change
were levying under divisions (B)(1) to (3) of this
section
pursuant to a resolution or amended resolution adopted
and
ratified under this division, the solid waste management plan
of a
former district approved under section 3734.521 or 3734.55
of the
Revised Code, an amended plan approved under section
3734.521 or
division (A) or (D) of section 3734.56 of the Revised
Code, or an
amendment to a former district's approved plan or
amended plan
under division (E) of section 3734.56 of the Revised
Code, and
that were in effect on the date that the director
completed the
actions required under division (G)(1) or (3) of
section 3734.521
of the Revised Code shall continue to be
collected until the
collection of the fees or amended fees of the
districts resulting
from the change is required to commence, or
if an initial or
amended plan of a resulting district abolishes a
schedule of fees,
collection of the fees is required to cease,
under this division.
Moneys so received from the collection of
the fees of the former
districts shall be divided among the
resulting districts in
accordance with division (B) of section
343.012 of the Revised
Code and the agreements entered into under
division (B) of section
343.01 of the Revised Code to establish
the former and resulting
districts and any amendments to those
agreements.
For the purposes of the provisions of division (B) of this
section establishing the times when newly established or amended
fees levied by a district are required to commence and the
collection of fees that have been amended or abolished is
required
to cease,
"fees" or
"schedule of fees" includes, in
addition to
fees levied under divisions (B)(1) to (3) of this
section, those
levied under section 3734.573 or 3734.574 of the
Revised Code.
(C) For the purposes of defraying the added costs to a
municipal corporation or township of maintaining roads and other
public facilities and of providing emergency and other public
services, and compensating a municipal corporation or township
for
reductions in real property tax revenues due to reductions in
real
property valuations resulting from the location and
operation of a
solid waste disposal facility within the municipal
corporation or
township, a municipal corporation or township in
which such a
solid waste disposal facility is located may levy a
fee of not
more than twenty-five cents per ton on the disposal of
solid
wastes at a solid waste disposal facility located within
the
boundaries of the municipal corporation or township
regardless of
where the wastes were generated.
The legislative authority of a municipal corporation or
township may levy fees under this division by enacting an
ordinance or adopting a resolution establishing the amount of the
fees. Upon so doing the legislative authority shall mail a
certified copy of the ordinance or resolution to the board of
county commissioners or directors of the county or joint solid
waste management district in which the municipal corporation or
township is located or, if a regional solid waste management
authority has been formed under section 343.011 of the Revised
Code, to the board of trustees of that regional authority, the
owner or operator of each solid waste disposal facility in the
municipal corporation or township that is required to collect the
fee by the ordinance or resolution, and the director of
environmental protection. Although the fees levied under this
division are levied on the basis of tons as the unit of
measurement, the legislative authority, in its ordinance or
resolution levying the fees under this division, may direct that
the fees be levied on the basis of cubic yards as the unit of
measurement based upon a conversion factor of three cubic yards
per ton generally or one cubic yard per ton for baled wastes.
Not later than five days after enacting an ordinance or
adopting a resolution under this division, the legislative
authority shall so notify by certified mail the owner or operator
of each solid waste disposal facility that is required to collect
the fee. Collection of any fee levied on or after March 24,
1992,
shall commence on the first day of the second month
following the
month in which notification is sent to the owner or
operator.
(D)(1) The fees levied under divisions (A), (B), and (C) of
this
section do not apply to the
disposal of solid wastes that:
(a) Are disposed of at a facility owned by the generator
of
the wastes when the solid waste facility exclusively disposes
of
solid wastes generated at one or more premises owned by the
generator regardless of whether the facility is located on a
premises where the wastes are generated;
(b) Are disposed of at facilities that exclusively dispose
of wastes that are generated from the combustion of coal, or from
the combustion of primarily coal in combination with scrap tires,
that is not combined in any way with garbage at one or more
premises owned by the generator.
(2) Except as provided in section 3734.571 of the Revised
Code, any fees levied under division (B)(1) of this section apply
to solid wastes originating outside the boundaries of a county or
joint district that are covered by an agreement for the joint use
of solid waste facilities entered into under section 343.02 of
the
Revised Code by the board of county commissioners or board of
directors of the county or joint district where the wastes are
generated and disposed of.
(3) When solid wastes, other than solid wastes that
consist
of scrap tires, are burned in a disposal facility that is
an
incinerator or energy recovery facility, the fees levied under
divisions (A), (B), and (C) of this section
shall be levied upon
the disposal of the fly ash and bottom ash
remaining after burning
of the solid wastes and shall be
collected by the owner or
operator of the sanitary landfill where
the ash is disposed of.
(4) When solid wastes are delivered to a solid waste
transfer facility, the fees levied under divisions (A), (B), and
(C) of this section shall be levied upon
the disposal of solid
wastes transported off the premises of the
transfer facility for
disposal and shall be collected by the
owner or operator of the
solid waste disposal facility where the
wastes are disposed of.
(5) The fees levied under divisions (A), (B), and (C) of
this section do not apply to sewage sludge that is generated by a
waste water treatment facility holding a national pollutant
discharge elimination system permit and that is disposed of
through incineration, land application, or composting or at
another resource recovery or disposal facility that is not a
landfill.
(6) The fees levied under divisions (A), (B), and (C) of
this section do not apply to solid wastes delivered to a solid
waste composting facility for processing. When any unprocessed
solid waste or compost product is transported off the premises of
a composting facility and disposed of at a landfill, the fees
levied under divisions (A), (B), and (C) of this section shall be
collected by the owner or operator of the landfill where the
unprocessed waste or compost product is disposed of.
(7) When solid wastes that consist of scrap tires are
processed at a scrap tire recovery facility, the fees levied
under
divisions (A), (B), and (C) of this
section shall be levied upon
the disposal of the fly ash and
bottom ash or other solid wastes
remaining after the processing
of the scrap tires and shall be
collected by the owner or
operator of the solid waste disposal
facility where the ash or
other solid wastes are disposed of.
(E) The fees levied under divisions (B) and (C)
of this
section shall be collected by the owner or operator of
the solid
waste disposal facility where the wastes are disposed
of as a
trustee for the county or joint district and municipal
corporation
or township where the wastes are disposed of. Moneys
from the
fees levied under division (B) of this
section shall be forwarded
to the board of county commissioners
or board of directors of the
district in accordance with rules
adopted under division (H) of
this section. Moneys from the fees
levied under division (C) of
this section shall be forwarded to
the treasurer or such other
officer of the municipal corporation
as, by virtue of the charter,
has the duties of the treasurer or
to the clerk of the township,
as appropriate, in accordance with
those rules.
(F) Moneys received by the treasurer or such other officer
of the municipal corporation under division (E) of this section
shall be paid into the general fund of the municipal corporation.
Moneys received by the clerk of the township under that division
shall be paid into the general fund of the township. The
treasurer or such other officer of the municipal corporation or
the clerk, as appropriate, shall maintain separate records of the
moneys received from the fees levied under division (C) of this
section.
(G) Moneys received by the board of county commissioners
or
board of directors under division (E) of this section or
section
3734.571, 3734.572, 3734.573, or 3734.574 of the Revised
Code
shall be paid to the county treasurer, or other official
acting in
a similar capacity under a county charter, in a county
district or
to the county treasurer or other official designated
by the board
of directors in a joint district and kept in a
separate and
distinct fund to the credit of the district. If a
regional solid
waste management authority has been formed under
section 343.011
of the Revised Code, moneys received by the board
of trustees of
that regional authority under division (E) of this
section shall
be kept by the board in a separate and distinct
fund to the credit
of the district. Moneys in the special fund
of the county or
joint district arising from the fees levied
under division (B) of
this section and the fee levied
under division (A) of section
3734.573 of the Revised Code shall
be expended by the board of
county commissioners or directors of
the district in accordance
with the district's solid waste
management plan or amended plan
approved under section 3734.521,
3734.55, or 3734.56 of the
Revised Code exclusively for the
following purposes:
(1) Preparation of the solid waste management plan of the
district under section 3734.54 of the Revised Code, monitoring
implementation of the plan, and conducting the periodic review
and
amendment of the plan required by section 3734.56 of the
Revised
Code by the solid waste management policy committee;
(2) Implementation of the approved solid waste management
plan or amended plan of the district, including, without
limitation, the development and implementation of solid waste
recycling or reduction programs;
(3) Providing financial assistance to boards of health
within the district, if solid waste facilities are located within
the district, for enforcement of this chapter and rules, orders,
and terms and conditions of
permits, licenses, and variances
adopted or issued under it,
other than the hazardous waste
provisions of this chapter and
rules adopted and orders and terms
and conditions of permits issued under
those
provisions;
(4) Providing financial assistance to each county within
the
district to defray the added costs of maintaining roads and
other
public facilities and of providing emergency and other
public
services resulting from the location and operation of a
solid
waste facility within the county under the district's
approved
solid waste management plan or amended plan;
(5) Pursuant to contracts entered into with boards of
health
within the district, if solid waste facilities contained
in the
district's approved plan or amended plan are located
within the
district, for paying the costs incurred by those
boards of health
for collecting and analyzing samples from public
or private water
wells on lands adjacent to those facilities;
(6) Developing and implementing a program for the
inspection
of solid wastes generated outside the boundaries of
this state
that are disposed of at solid waste facilities
included in the
district's approved solid waste management plan
or amended plan;
(7) Providing financial assistance to boards of health
within the district for the enforcement of section 3734.03 of the
Revised Code or to local law enforcement agencies having
jurisdiction within the district for enforcing anti-littering
laws
and ordinances;
(8) Providing financial assistance to boards of health of
health districts within the district that are on the approved
list
under section 3734.08 of the Revised Code to defray the
costs to
the health districts for the participation of their
employees
responsible for enforcement of the solid waste
provisions of this
chapter and rules adopted and orders and terms
and conditions of
permits, licenses, and variances issued under
those provisions in
the training and certification program as
required by rules
adopted under division (L) of section 3734.02
of the Revised Code;
(9) Providing financial assistance to individual municipal
corporations and townships within the district to defray their
added costs of maintaining roads and other public facilities and
of providing emergency and other public services resulting from
the location and operation within their boundaries of a
composting, energy or resource recovery, incineration, or
recycling facility that either is owned by the district or is
furnishing solid waste management facility or recycling services
to the district pursuant to a contract or agreement with the
board
of county commissioners or directors of the district;
(10) Payment of any expenses that are agreed to, awarded, or
ordered to be
paid under section 3734.35 of the Revised Code and
of any administrative
costs incurred pursuant to that section. In
the case of a joint solid waste
management district, if the board
of county commissioners of one of the
counties in the district is
negotiating on behalf of affected communities, as
defined in that
section, in that county, the board shall obtain the approval
of
the board of directors of the district in order to expend moneys
for
administrative costs incurred.
Prior to the approval of the district's solid waste
management plan under section 3734.55 of the Revised Code, moneys
in the special fund of the district arising from the fees
shall
be
expended for those purposes in the manner prescribed by
the
solid
waste management policy committee by resolution.
Notwithstanding division (G)(6) of this section
as it existed
prior to October 29, 1993, or any provision in a district's
solid
waste
management plan
prepared in accordance with division
(B)(2)(e) of section 3734.53
of the Revised Code as it existed
prior to that date, any moneys
arising from the fees levied under
division (B)(3) of this
section prior to January 1, 1994, may be
expended for any of the
purposes authorized in divisions (G)(1) to
(10) of this
section.
(H) The director shall adopt
rules in accordance with
Chapter 119. of the Revised Code
prescribing procedures for
collecting and forwarding the fees
levied under divisions (B) and
(C) of this section to the boards
of county commissioners or
directors of county or joint solid
waste management districts and
to the treasurers or other
officers of municipal corporations or
to the clerks of townships.
The rules also shall prescribe the
dates for forwarding the fees
to the boards and officials and may
prescribe any other
requirements the director considers necessary
or appropriate to
implement and administer divisions (A), (B), and
(C) of this
section. Collection of the fees levied under division
(A)(1) of
this section shall commence on July 1, 1993. Collection
of the
fees
levied under division (A)(2) of this section shall
commence
on January 1, 1994.
Sec. 3735.27. (A) Whenever the director of development
has
determined that there is need for a housing authority in any
portion of any county that comprises two or more political
subdivisions or portions
thereof
of two or more political
subdivisions but is less than all the
territory within the county,
a metropolitan housing authority
shall be declared to exist, and
the territorial limits
thereof
of the authority shall be defined,
by a letter from the director. The director
shall issue a
determination from the department of development
declaring that
there is need for a housing authority within
such
those
territorial limits
after finding either
of the following:
(1) Unsanitary or unsafe inhabited housing accommodations
exist in
such
that area;
(2) There is a shortage of safe and sanitary housing
accommodations in
such
that area available to persons who lack the
amount of income
which
that is necessary, as determined by the
director, to enable them, without financial assistance, to live
in
decent, safe, and sanitary dwellings without congestion.
In determining whether dwelling accommodations are unsafe
or
unsanitary, the director may take into consideration the degree
of
congestion, the percentage of land coverage, the light, air,
space, and access available to the inhabitants of
such
the
dwelling
accommodations, the size and arrangement of
the rooms,
the
sanitary facilities, and the extent to which conditions exist
in
such buildings which
the dwelling accomodations that endanger
life or property by fire or other
causes.
The territorial limits of a
metropolitan housing authority,
as defined by
the
director,
under this division shall be fixed for
such
the authority upon proof of a
letter
from the director
declaring the need for
such
the authority to
function in those
territorial limits. Any such letter from the
director, any
certificate of determination issued by the
director,
and any
certificate of appointment of members of the
authority
shall be
admissible in evidence in any suit, action, or
proceeding.
A certified copy of the letter from the director, declaring
the existence
of a metropolitan housing authority and
boundaries
the territorial limits of
a housing authority its
district,
shall be
immediately forwarded to each appointing
authority. A
metropolitan housing authority shall consist of
five
members, who
shall be are
residents of the territory embraced in
such
metropolitan
housing
authority district which they serve.
(B) Except as otherwise provided in division (C), (D), or (E) of
this
section,
one member shall be
appointed by
the probate court, one
member by
the court of
common pleas, one member by the
board of
county
commissioners,
and two members by
the chief executive
officer of the most populous city
in the
territory included in
the
district, in accordance with the last preceding
federal
census.
At
the time of the initial appointment of the authority,
the
member
appointed by the probate court shall be appointed for
a
period of
four years, the
appointee of
member appointed by the
court of common
pleas
shall be appointed for three
years, the
appointee of
member appointed by the board of county
commissioners
shall be appointed for two
years,
one
appointee of the
member
appointed by the chief executive
officer
of the most populous city
in the district shall be appointed for one year,
and
one appointee
of the
other member appointed by the chief executive
officer
of
the most populous city
in the district shall be
appointed for five
years.
Thereafter, all members of the authority
shall
be appointed for
five-year terms, and vacancies due to
expired
terms shall be filled
by the same appointing powers in the manner provided in the original appointments.
(C) For any metropolitan housing authority district that
contained, as of the 1990 federal census, a population of
at least
one million, two members of the
authority shall be
appointed by
the
municipal legislative
authority of the most
populous city in
the
territory included in
the district, two
members
shall be
appointed by the chief
executive officer of the
most populous city
in the
territory
included in the district, and
one member
shall be
appointed by the
chief executive
officer, with the approval of
the
municipal
legislative authority,
of the city in the district
which
that has the
second highest number of
housing units owned or
managed by the
authority.
At the time of the initial appointment of the authority,
one
member appointed by the
municipal legislative authority of
the
most populous city in the
territory included in the district
shall
be appointed for three years, and one
such member shall be
appointed for one year; the
appointee
of
member appointed by the
chief executive officer of the city with the
second highest
number
of housing units owned or managed by the
authority shall be
appointed, with the approval of the
municipal
legislative
authority, for three years;
and one
appointee of
member appointed
by
the
chief executive
officer of the most populous city in the
district
shall be
appointed for three years, and one
such member
shall be appointed for one year.
Thereafter, all
members of the
authority shall be appointed for
three-year terms,
and any vacancy
shall be filled by the same
appointing power that
made the initial
appointment. At the
expiration of the term of
any member
appointed by the chief
executive officer of the most
populous city
in the
territory
included in the district prior to
March 15, 1983,
the chief
executive officer of the most populous
city in the
district shall
fill the vacancy by appointment for a
three-year
term. At the
expiration of the term of any member
appointed by
the board of
county commissioners prior to March 15,
1983, the
chief executive
officer of the city in the district with
the
second highest
number of housing units owned or managed by the
authority shall,
with the approval of the municipal legislative
authority, fill
the vacancy by appointment for a three-year term.
At the
expiration of the term of any member appointed prior to
March 15,
1983, by the court of common pleas or the probate court,
the
legislative authority of the most populous city in the
territory
included in the district shall fill the vacancy by
appointment
for a three-year term.
After March 15, 1983, at least one of the members appointed
by the chief executive officer of the most populous city shall be
a resident of a dwelling unit owned or managed by the
housing
authority. At least one of the initial appointments by the chief
executive officer of the most populous city, after March 15,
1983,
shall be a resident of a dwelling unit owned or managed by
the
housing authority. Thereafter, any member appointed by the
chief
executive officer
of the most populous city for the term
established by this initial
appointment, or for any succeeding
term thereof, shall be a
person
who resides in a dwelling unit
owned or managed by the
housing
authority. If there is an
elected, representative body
of all
residents of the
housing
authority,
then the chief
executive
officer
of the most populous
city shall, whenever there is a vacancy in this
resident term,
provide written notice of the vacancy to the
representative body.
If the representative body submits to the
chief executive officer
of the most populous city,
in writing and within sixty days after
the date on which it was
notified of the vacancy, the names of at
least five residents of
the
housing authority who are willing and
qualified to serve as a
member,
then the chief executive officer
of the most populous city shall appoint to the
resident term one
of the residents
recommended by the
representative body. At no
time shall
residents constitute a
majority of the members of the
authority.
(D)(1) For any metropolitan
housing authority district
located
in a county that had, as of the
2000 federal census, a
population
of at least four hundred
thousand and no city with a
population
greater than thirty per
cent of the total population of
the
county, one member of the
authority shall be appointed by the
probate court, one member
shall be appointed by the court of
common pleas, one member shall
be appointed by the chief executive
officer of the most populous
city in the district, and two members
shall be appointed by the
board of county commissioners.
(2) At the time of the initial appointment of a
metropolitan housing authority pursuant to this division, the
member appointed by the probate court shall be appointed for a
period of four years, the member appointed by the court of common
pleas shall be appointed for three years, the member appointed by
the chief executive officer of the most populous city shall be
appointed for two years, one member appointed by the board of
county commissioners shall be appointed for one year, and the
other member appointed by the board of county commissioners shall
be appointed for five years. Thereafter, all members of the
authority shall be appointed for five-year terms, with each term
ending on the same day of the same month as the term that it
succeeds. Vacancies shall be filled in the manner provided in
the original appointments. Any member appointed to fill a vacancy
occurring prior to the expiration of the term shall hold office as a member
for the remainder of that term.
(E)(1) An additional two members shall be appointed to the metropolitan housing authority in any district that has three hundred or more assisted housing units and that does not have at least one resident as a member of its authority. For the purposes of this section an "assisted unit" is a housing unit owned or operated by the housing authority or a unit in which the occupants receive tenant-based housing assistance through the federal section 8 housing program, 24 C.F.R. Ch VIII, and, a "resident" is a person who lives in an assisted housing unit.
(2) The chief executive officer of the most populous city in the district shall appoint an additional member who is a resident for an initial term of five years. The board of county commissioners shall appoint the other additional member, who need not be a resident, for an initial term of three years. After the initial term, the terms of both members shall be five years and vacancies shall be filled in the manner provided in the 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 that term.
(3) A member appointed as a resident member who no longer qualifies as a resident shall be deemed unable to serve and another resident member shall be appointed to serve the unexpired portion of that term.
(F) Public officials, other than the officers having the
appointing power under this section, shall be eligible to serve
as
members, officers, or employees of
the
a metropolitan housing
authority
notwithstanding any statute, charter, or law to the
contrary.
Not
more than two such public officials shall be members
of the
authority at any one time.
All members of
such housing
an authority shall serve without
compensation but shall be entitled to be reimbursed for all
necessary expenses incurred.
After such
After a metropolitan housing authority district
has been
is
formed,
the director may enlarge the territory within
such
the
district to
include other political subdivisions, or portions
thereof
of other political subdivisions, but the
territorial
limits of
which
the district shall be less than
that of the
county.
Sec. 3735.67. (A) The owner of real property located in a
community reinvestment area and eligible for exemption from taxation under a
resolution adopted pursuant to section 3735.66 of the Revised Code may file an
application for an
exemption from real property taxation of a percentage of the assessed
valuation of a new structure or
remodeling, completed after the effective date of the resolution
adopted pursuant to section 3735.66 of the Revised Code, with the
housing officer designated pursuant to section 3735.66 of the
Revised Code for the community reinvestment area in which the
property is located. If any part of the new structure or remodeling that
would be exempted is of real property to be used for commercial or industrial
purposes, the legislative authority and the owner of the property shall enter
into a written agreement pursuant to section 3735.671 of the Revised Code
prior to commencement of construction or remodeling; if such an agreement is
subject to approval by the board of education of the school district within
the territory of which the property is or will be located, the agreement shall
not be formally approved by the legislative authority until the board of
education approves the agreement in the manner prescribed by that section.
(B) The housing officer shall verify the construction of
the new structure or the cost of the remodeling and the facts
asserted in the application. The housing officer shall determine
whether the construction or the cost of the remodeling meets the
requirements for an exemption under this section. In cases involving a
structure of historical or
architectural significance, the housing officer shall not
determine whether the remodeling meets the requirements for a tax
exemption unless the appropriateness of the remodeling has been
certified, in writing, by the society, association, agency, or
legislative authority that has designated the structure or by any
organization or person authorized, in writing, by such society,
association, agency, or legislative authority to certify the
appropriateness of the remodeling.
(C) If the construction or remodeling meets the
requirements for exemption, the housing officer shall forward
the application to the county auditor with a certification as to
the division of this section under which the exemption is granted,
and the period and percentage of the exemption as determined by the
legislative
authority pursuant to that division. If the construction or remodeling is of
commercial or industrial property and the legislative authority is not
required to certify a copy of a resolution under section 3735.671 of the
Revised Code, the housing officer shall comply with the notice requirements
prescribed under section 5709.83 of the Revised Code, unless the
board has adopted a resolution under
that section waiving its right to receive such a notice.
(D) The tax exemption shall first apply in the year the construction or
remodeling would first be taxable but for this
section. In the case of remodeling that qualifies for exemption,
a percentage, not to exceed one hundred per cent, of the amount by
which the remodeling increased the assessed value of the structure
shall be exempted from real property taxation. In the case of construction
of a structure that qualifies for exemption, a percentage, not to exceed one
hundred per cent, of the assessed value of the structure shall be
exempted from real property taxation. In either case, the percentage shall be
the percentage set forth in the agreement if the structure or remodeling is to
be used for commercial or industrial purposes, or the percentage set forth in
the resolution describing the community reinvestment area if the structure or
remodeling is to be used for residential purposes.
The construction of new structures and the remodeling of
existing structures are hereby declared to be a public purpose
for which exemptions from real property taxation may be granted
for the following periods:
(1) For every dwelling containing not more than two family
units located within the same community reinvestment area and
upon which the cost of remodeling is at least two thousand five
hundred dollars, a period to be determined by the legislative
authority adopting the resolution describing the community reinvestment area
where the dwelling is located, but not exceeding ten years;
(2) For every dwelling containing more than two units and
commercial or industrial properties, located within the same
community reinvestment area, upon which the cost of
remodeling is at least five thousand dollars, a period to be
determined by the legislative authority adopting the resolution,
but not exceeding twelve years;
(3) For construction of every dwelling, and commercial or
industrial structure located within the same community
reinvestment area, a period to be determined by the legislative
authority adopting the resolution, but not exceeding
fifteen years.
(E) Any person, board, or officer authorized by section 5715.19 of the Revised Code to file complaints with the county board of revision may file a complaint with the housing officer challenging the continued exemption of any property granted an exemption under this section. A complaint against exemption shall be filed prior to the thirty-first day of December of the tax year for which taxation of the property is requested. The housing officer shall determine whether the property continues to meet the requirements for exemption and shall certify the housing officer's findings to the complainant. If the housing officer determines that the property does not meet the requirements for exemption, the housing officer shall notify the county auditor, who shall correct the tax list and duplicate accordingly.
Sec. 3735.671. (A) If construction or remodeling of
commercial or industrial property is to be exempted from taxation
pursuant to section 3735.67 of the Revised Code, the legislative
authority and the owner of the property, prior to the
commencement of construction or remodeling, shall enter into a
written agreement, binding on both parties for a period of time
that does not end prior to the end of the period of the
exemption, that includes all of the information and statements
prescribed by this section. Agreements may include terms not
prescribed by this section, but such terms shall in no way
derogate from the information and statements prescribed by this
section.
(1) Except as otherwise provided in division (A)(2) or (3) of
this section, an agreement entered into under this section shall
not be approved by the legislative authority unless the board of
education of the city, local, or exempted village school district
within the territory of which the property is or will be located
approves the agreement. For the purpose of obtaining such
approval, the legislative authority shall certify a copy of the
agreement to the board of education not later than
forty-five
days
prior to approving the agreement, excluding Saturday,
Sunday, and a legal holiday as defined in section 1.14 of the
Revised Code. The board of education, by
resolution adopted by a majority of the board, shall approve or
disapprove the agreement and certify a copy of the resolution to
the legislative authority not later than fourteen days prior to
the date stipulated by the legislative authority as the date upon
which approval of the agreement is to be formally considered by
the legislative authority. The board of education may include in
the resolution conditions under which the board would approve the
agreement. The legislative
authority may approve an agreement at any time after the board
of education certifies its resolution approving the agreement to
the legislative authority, or, if the board approves the
agreement conditionally, at any time after the conditions are
agreed to by the board and the legislative authority.
(2) Approval of an agreement by the board of education is
not required under division (A)(1) of this
section if, for each tax year the real
property is exempted from taxation, the sum of the following
quantities, as estimated at or prior to the time the agreement is
formally approved by the legislative authority, equals or exceeds
fifty per cent of the amount of taxes, as estimated at or prior
to that time, that would have been charged and payable that year
upon the real property had that property not been exempted from
taxation:
(a) The amount of taxes charged and payable on any portion
of the assessed valuation of the new structure or remodeling that
will not be exempted from taxation under the agreement;
(b) The amount of taxes charged and payable on tangible
personal property located on the premises of the new structure or
of the structure to be remodeled under the agreement, whether
payable by the owner of the structure or by a related member, as
defined in section 5733.042 of the Revised Code without regard to
division (B) of that section.
(c) The amount of any cash payment by the owner of the new
structure or structure to be remodeled to the school district,
the dollar value, as mutually agreed to be the owner and the
board of education, of any property or services provided by the
owner of the property to the school district, whether by gift,
loan, or otherwise, and any payment by the legislative authority
to the school district pursuant to section 5709.82 of the Revised
Code.
The estimates of quantities used for purposes of division
(A)(2) of this section shall be estimated by the legislative
authority. The legislative authority shall certify to the board
of education that the estimates have been made in good faith.
Departures of the actual quantities from the estimates subsequent
to approval of the agreement by the board of education do not
invalidate the agreement.
(3) If a board of education has adopted a resolution waiving
its right to approve agreements and the resolution
remains in effect, approval of an agreement by the
board is not required under this division. If a board of
education has adopted a resolution allowing a legislative
authority to deliver the notice required under this division
fewer than forty-five business days prior to the legislative
authority's execution of the agreement, the legislative
authority shall deliver the notice to the board not later than
the number of days prior to such execution as prescribed by the
board in its resolution. If a board of education adopts a
resolution waiving its right to approve agreements or shortening
the notification period, the board shall certify a copy of the
resolution to the legislative authority. If the board of
education rescinds such a resolution, it shall certify notice of
the rescission to the legislative authority.
(B) Each agreement shall include the following
information:
(1) The names of all parties to the agreement;
(2) A description of the remodeling or construction,
whether or not to be exempted from taxation, including existing
or new structure size and cost thereof; the value of machinery,
equipment, furniture, and fixtures, including an itemization of
the value of machinery, equipment, furniture, and fixtures used
at another location in this state prior to the agreement and
relocated or to be relocated from that location to the property,
and the value of machinery, equipment, furniture, and fixtures at
the facility prior to the execution of the agreement; the value
of inventory at the property, including an itemization of the
value of inventory held at another location in this state prior
to the agreement and relocated or to be relocated from that
location to the property, and the value of inventory held at the
property prior to the execution of the agreement;
(3) The scheduled starting and completion dates of
remodeling or construction of real property or of investments
made in machinery, equipment, furniture, fixtures, and inventory;
(4) Estimates of the number of employee positions to be
created each year of the agreement and of the number of employee
positions retained by the owner due to the remodeling or
construction, itemized as to the number of full-time, part-time,
permanent, and temporary positions;
(5) Estimates of the dollar amount of payroll attributable
to the positions set forth in division (B)(4) of this section,
similarly itemized;
(6) The number of employee positions, if any, at the
property and at any other location in this state at the time the
agreement is executed, itemized as to the number of full-time,
part-time, permanent, and temporary positions.
(C) Each agreement shall set forth the following
information and incorporate the following statements:
(1) A description of real property to be exempted from
taxation under the agreement, the percentage of the assessed
valuation of the real property exempted from taxation, and the
period for which the exemption is granted, accompanied by the
statement: "The exemption commences the first year for which the
real property would first be taxable were that property not
exempted from taxation. No exemption shall commence after
.......... (insert date) nor extend beyond .......... (insert
date)." The tax commissioner shall adopt rules prescribing the
form the description of such property shall assume in order to
ensure that the property to be exempted from taxation under the
agreement is distinguishable from property that is not to be
exempted under that agreement.
(2) ".......... (insert name of owner) shall pay such real
property taxes as are not exempted under this agreement and are
charged against such property and shall file all tax reports and
returns as required by law. If .......... (insert name of owner)
fails to pay such taxes or file such returns and reports,
exemptions from taxation granted under this agreement are
rescinded beginning with the year for which such taxes are
charged or such reports or returns are required to be filed and
thereafter."
(3) ".......... (insert name of owner) hereby certifies
that at the time this agreement is executed, .......... (insert
name of owner) does not owe any delinquent real or tangible
personal property taxes to any taxing authority of the State of
Ohio, and does not owe delinquent taxes for which ..........
(insert name of owner) is liable under Chapter 5733., 5735.,
5739., 5741., 5743., 5747., or 5753. of the Ohio Revised Code,
or, if such delinquent taxes are owed, .......... (insert name of
owner) currently is paying the delinquent taxes pursuant to an
undertaking enforceable by the State of Ohio or an agent or
instrumentality thereof, has filed a petition in bankruptcy under
11 U.S.C.A. 101, et seq., or such a petition has been filed
against .......... (insert name of owner). For the purposes of
this certification, delinquent taxes are taxes that remain unpaid
on the latest day prescribed for payment without penalty under
the chapter of the Revised Code governing payment of those
taxes."
(4) ".......... (insert name of municipal corporation or
county) shall perform such acts as are reasonably necessary or
appropriate to effect, claim, reserve, and maintain exemptions
from taxation granted under this agreement including, without
limitation, joining in the execution of all documentation and
providing any necessary certificates required in connection with
such exemptions."
(5) "If for any reason .......... (insert name of
municipal corporation or county) revokes the designation of the
area, entitlements granted under this agreement shall continue
for the number of years specified under this agreement, unless
.......... (insert name of owner) materially fails to fulfill its
obligations under this agreement and ................... (insert
name of municipal corporation or county) terminates or modifies
the exemptions from taxation pursuant to this agreement."
(6) "If .......... (insert name of owner) materially fails
to fulfill its obligations under this agreement, or if ..........
(insert name of municipal corporation or county) determines that
the certification as to delinquent taxes required by this
agreement is fraudulent, .......... (insert name of municipal
corporation or county) may terminate or modify the exemptions
from taxation granted under this agreement."
(7) ".......... (insert name of owner) shall provide to
the proper tax incentive review council any information
reasonably required by the council to evaluate the applicant's
compliance with the agreement, including returns filed pursuant
to section 5711.02 of the Ohio Revised Code if requested by the
council."
(8) "This agreement is not transferable or assignable
without the express, written approval of .......... (insert name
of municipal corporation or county)."
(9) "Exemptions from taxation granted under this agreement
shall be revoked if it is determined that ........... (insert
name of owner), any successor to that person, or any related
member (as those terms are defined in division (E) of section
3735.671 of the Ohio Revised Code) has violated the prohibition
against entering into this agreement under division (E) of
section 3735.671 or section 5709.62 or 5709.63 of the Ohio
Revised Code prior to the time prescribed by that division or
either of those sections."
(10) ".......... (insert name of owner) and ...........
(insert name of municipal corporation or county) acknowledge that
this agreement must be approved by formal action of the
legislative authority of .......... (insert name of municipal
corporation or county) as a condition for the agreement to take
effect. This agreement takes effect upon such approval."
The statement described in division (C)(6) of this section
may include the following statement, appended at the end of the
statement: ", and may require the repayment of the amount of
taxes that would have been payable had the property not been
exempted from taxation under this agreement."
(D) Except as otherwise provided in this division, an
agreement entered into under this section shall require that the
owner pay an annual fee equal to the greater of one per cent of
the amount of taxes exempted under the agreement or five hundred
dollars; provided, however, that if the value of the incentives
exceeds two hundred fifty thousand dollars, the fee shall not
exceed two thousand five hundred dollars. The fee shall be
payable to the legislative authority once per year for each year
the agreement is effective on the days and in the form specified
in the agreement. Fees paid shall be deposited in a special fund
created for such purpose by the legislative authority and shall
be used by the legislative authority exclusively for the purpose
of complying with section 3735.672 of the Revised Code and by the
tax incentive review council created under section 5709.85 of the
Revised Code exclusively for the purposes of performing the
duties prescribed under that section. The legislative authority
may waive or reduce the amount of the fee, but such waiver or
reduction does not affect the obligations of the legislative
authority or the tax incentive review council to comply with
section 3735.672 or 5709.85 of the Revised Code.
(E) If any person that is party to an agreement granting
an exemption from taxation discontinues operations at the
structure to which that exemption applies prior to the expiration
of the term of the agreement, that person, any successor to that
person, and any related member shall not enter into an agreement
under this section or section 5709.62, 5709.63, or 5709.632 of
the Revised Code, and no legislative authority shall enter into
such an agreement with such a person, successor, or related
member, prior to the expiration of five years after the
discontinuation of operations. As used in this division,
"successor" means a person to which the assets or equity of
another person has been transferred, which transfer resulted in
the full or partial nonrecognition of gain or loss, or resulted
in a carryover basis, both as determined by rule adopted by the
tax commissioner. "Related member" has the same meaning as
defined in section 5733.042 of the Revised Code without regard to
division (B) of that section.
The director of development shall review all agreements
submitted to the director under division (F) of this section for
the purpose of enforcing this division. If the director
determines there has been a violation of this division, the
director shall notify the legislative authority of such
violation, and the legislative authority immediately shall revoke
the exemption granted under the agreement.
(F) When an agreement is entered into under this section,
the legislative authority authorizing the agreement shall forward
a copy of the agreement to the director of development and to the
tax commissioner within fifteen days after the agreement is
entered into.
Sec. 3737.01. As used in this chapter:
(A) "Assistant fire marshal" means any person
who
is
employed by the fire marshal
and who
carries out
specific duties assigned by the fire marshal,
including, but
not
limited to, enforcement of Chapters 3731., 3737., and
3743. of the
Revised Code, fire
inspection, fire code enforcement,
fire
investigation, and fire prevention,
or
the regulation of underground storage tank systems
as
defined in section 3737.87 of the Revised Code.
(B) "Consumer goods" means any item sold, leased, or
rented
primarily for personal or household use.
(C) "Fire agency" means any state or local fire service or
agency whose function is to examine the property of another
person
for the purpose of identifying fire safety hazards.
(D) "Fire safety inspector" means any person who is a
member
of the civil service, as defined in section 124.01 of the
Revised
Code, or who is employed by or voluntarily serves a
village or
township, and who examines the property of another
person for the
purpose of identifying fire safety hazards.
(E) "Person," in addition to the meaning in section 1.59
of
the Revised Code, means the state and any political
subdivision of
the state, and any other entity, public or
private.
(F) "Responsible person" means the person responsible for
compliance with the state fire code, including, but not limited
to, the owner, lessee, agent, operator, or occupant of a
building,
premises, or vehicle.
Sec. 3737.02. (A) The fire marshal may collect fees to
cover the costs of performing inspections and other duties that
the fire marshal is authorized or required by law to perform.
Except as
provided in division (B) of this section, all fees collected by
the fire marshal shall be deposited to the credit of the fire
marshal's fund.
(B) Fees collected under sections 3737.88 and 3737.881 of
the Revised Code for operation of the underground storage tank
and underground storage tank installer certification programs,
moneys recovered under section 3737.89 of the Revised Code for
the state's costs of undertaking corrective or enforcement
actions under that section or section 3737.882 of the Revised
Code, and fines and penalties collected under section 3737.882 of
the Revised Code shall be credited to the underground storage
tank administration fund, which is hereby created in the state
treasury. All interest earned on moneys credited to the underground
storage tank administration fund shall be credited to the fund.
Moneys credited to the underground storage tank
administration fund shall be used by the fire marshal superintendent of industrial compliance for
implementation and enforcement of underground storage tank,
corrective action, and installer certification programs under
sections 3737.88 to 3737.89 of the Revised Code.
(C) The fire marshal superintendent shall take all actions necessary to
obtain any federal funding available to carry out the fire
marshal's
superintendent's responsibilities under sections 3737.88 to 3737.89 of the Revised
Code and federal laws regarding the cleaning up of releases of
petroleum, as "release" is defined in section 3737.87 of the
Revised Code, including, without limitation, any federal funds
that are available to reimburse the state for the costs of
undertaking corrective actions for such releases of petroleum.
The state may, when appropriate, return to the United States any
federal funds recovered under sections 3737.882 and 3737.89 of
the Revised Code.
Sec. 3737.03. The state fire commission may
do all of the
following:
(A) Conduct research, make and publish reports on fire
safety, and recommend to the governor, the general assembly, the
board of building and fire standards, and other state agencies, any needed
changes in the laws, rules, or administrative policies relating
to
fire safety;
(B) Recommend revisions in the rules included in the state
fire code adopted by the fire marshal. The recommendations may
propose the adoption of new rules or the amendment or repeal of
existing rules. The commission shall file its recommendations in
the office of the fire marshal, and, within sixty days after the
recommendations are filed, the fire marshal shall file with the
chairperson of the commission
the fire
marshal's
comments on, and proposed action in response to, the
recommendations.
(C) Maintain the Ohio fire service hall of fame. In
maintaining the hall of fame, the commission shall keep official
commendations that recognize
and commemorate exemplary
accomplishments and acts of heroism by
firefighters and other
persons at fire-related incidents or
similar events occurring in
the state. The commission may adopt
criteria and guidelines for
selecting individuals for that
recognition and commemoration. The
recognition and commemoration
of individuals may occur annually
and include an annual awards
ceremony. The expenses
associated
with the recognition and commemoration of individuals
shall be
paid in accordance with division (F) of section 3737.81
of the
Revised Code.
Sec. 3737.21. (A) The director of the department of
commerce public safety shall appoint, from names submitted to
the
director
by the state
fire commission, a fire marshal, who shall serve at
the pleasure
of the director and shall possess the following
qualifications:
(1) A degree from an accredited college or university with
specialized study in either the field of fire protection or fire
protection engineering, or the equivalent qualifications
determined from
training, experience, and duties in a fire
service;
(2) Five years of recent, progressively more responsible
experience in fire inspection,
fire code enforcement, fire
investigation, fire
protection engineering, teaching of fire
safety engineering, or
fire fighting.
(B) When a vacancy occurs in the position of fire marshal,
the director shall notify the state fire commission. The
commission shall communicate the fact of the vacancy by regular
mail to all fire chiefs and fire protection engineers known to
the
commission, or whose identity may be ascertained by the
commission
by the exercise of due diligence. The commission, no
earlier than thirty days after mailing the
notification,
shall
compile a list of all applicants for the position
of fire marshal
who are qualified under this section. The
commission shall submit
the names of at least three persons on
the list to the director.
The director shall appoint the fire
marshal from the list of at
least three names or may request the
commission to submit
additional names.
Sec. 3737.22. (A) The fire marshal shall do all of the
following:
(1) Adopt the state fire code under sections 3737.82 to
3737.86 of the Revised Code rules necessary to carry out the duty imposed by division (A)(2) of this section;
(2) Enforce the state fire code;
(3) Appoint assistant fire marshals who are authorized to
enforce the state fire code;
(4) Conduct investigations into the cause, origin, and
circumstances of fires and explosions, and
assist in the
prosecution of persons
believed to be guilty of arson or a similar
crime;
(5) Compile statistics concerning loss due to fire and
explosion as the fire marshal considers necessary, and
consider
the
compatibility of the fire marshal's system of compilation
with
the systems of
other state and federal agencies and fire marshals
of other
states;
(6) Engage in research on the cause and prevention of
losses
due to fire and explosion;
(7) Engage in public education and informational
activities
which will inform the public of fire safety
information;
(8) Operate a fire training academy and
forensic
laboratory;
(9) Conduct
other fire safety and fire fighting
training activities for the public and groups as will further the
cause of fire safety;
(10)
Conduct licensing examinations, and issue permits,
licenses, and certificates, as
authorized
by the Revised Code;
(11)
Conduct tests of fire protection systems and devices,
and fire fighting equipment to determine compliance with the
state
fire code, unless a building is insured against the hazard
of
fire, in which case
such
tests may be performed by the
company
insuring the building;
(12) Establish and collect fees for
conducting licensing
examinations and for issuing permits,
licenses, and
certificates;
(13) Make available for the prosecuting attorney and an
assistant prosecuting attorney from each county of this state, in
accordance with section 3737.331 of the Revised Code, a seminar
program, attendance at which is optional, that is designed to
provide current information, data, training, and techniques
relative to the prosecution of arson cases;
(14) Administer and enforce Chapter 3743. of the Revised
Code;
(15) Develop
a
uniform standard for the
reporting of information required to be
filed under
division
(E)(4) of section 2921.22 of the Revised
Code, and accept
the reports
of the information when they are filed.
(B) The fire marshal shall appoint a chief deputy
fire
marshal, and
shall
employ professional and clerical
assistants as the fire
marshal
considers
necessary. The chief
deputy shall be a
competent former
or current member
of a fire
agency and possess
five years of
recent, progressively more
responsible experience in
fire
inspection, fire code enforcement,
and fire code management.
The chief deputy, with the approval
of the director of commerce public safety, shall temporarily assume the duties
of the fire marshal when the fire marshal is absent or temporarily
unable to carry out the duties of the office. When there is a
vacancy in the office of fire marshal, the chief deputy, with the
approval of the director of commerce public safety, shall temporarily assume the
duties of the fire marshal until a new fire marshal is appointed
under section 3737.21 of the Revised Code.
All employees, other than
the fire marshal; the
chief
deputy
fire marshal; the
superintendent of the Ohio
fire
academy; the grants
administrator;
the fiscal officer; the
executive secretary to the
fire
marshal; legal counsel; the
pyrotechnics administrator, the chief of the forensic
laboratory;
the person appointed by the fire marshal to serve as
administrator
over functions concerning testing, license
examinations, and the
issuance of permits and certificates; and
the
chiefs
of
the
bureaus of fire prevention,
of fire and explosion
investigation, and of code
enforcement, and
of underground storage
tanks shall
be
in the
classified civil
service. The fire
marshal
shall
authorize
the
chief deputy and other employees
under the
fire
marshal's
supervision to exercise powers
granted to the fire
marshal by law
as
may be necessary to carry out the duties of the
fire marshal's
office.
(C) The fire marshal shall create, in and as a part of the
office of fire marshal,
a fire and explosion
investigation bureau consisting of a chief of
the bureau and
additional assistant fire marshals as the
fire marshal determines
necessary for the efficient
administration
of the bureau. The
chief shall be experienced in
the
investigation of the cause,
origin, and circumstances of
fires,
and in administration,
including the supervision of
subordinates.
The chief, among other
duties delegated to the
chief by
the fire
marshal, shall be
responsible, under the direction of
the fire
marshal, for the
investigation of the cause, origin, and
circumstances of
fires and explosions in the state, and for
assistance in the
prosecution of persons
believed to
be guilty of arson or a similar
crime.
(D)(1) The fire
marshal shall create, as part of the office of
fire marshal, a
bureau of code enforcement consisting of a chief
of the bureau and
additional assistant fire marshals as the fire
marshal determines
necessary for the efficient administration of
the bureau. The
chief shall be qualified, by education or
experience, in fire
inspection, fire code development, fire code
enforcement, or any
other similar
field determined by the fire marshal, and in
administration,
including the supervision of subordinates. The
chief is
responsible, under the direction of the fire marshal, for
fire
inspection, fire code development, fire code enforcement,
and any
other duties delegated to the chief by the fire marshal.
(2) The fire marshal,
the
chief deputy
fire marshal,
the
chief of the bureau of code
enforcement, or any assistant fire
marshal under the direction of
the fire marshal, the chief deputy fire marshal, or the chief of
the bureau of code enforcement
may
cause
to be
conducted
the inspection of
all buildings, structures,
and other
places, the
condition of
which may be dangerous from a
fire safety
standpoint to life or
property, or to property
adjacent
to
the buildings,
structures, or other places.
(E) The fire marshal shall create, as a part of the office
of fire marshal, a bureau of fire prevention consisting of a
chief
of the bureau and
additional assistant fire marshals
as the
fire marshal determines necessary for the efficient
administration
of the bureau. The chief shall be qualified, by
education or
experience, to promote programs for rural and urban
fire
prevention and protection. The chief, among other duties
delegated to the chief by the fire marshal, is responsible,
under
the
direction of the fire marshal, for the promotion of rural and
urban fire prevention and protection through public information
and education programs.
(F)
The fire marshal shall cooperate with the director of
job and family services when the director
adopts rules
under section 5104.052 of the Revised Code regarding
fire
prevention
and fire safety in certified type B family
day-care
homes, as
defined in section 5104.01 of the Revised Code,
recommend
procedures for inspecting type B homes to determine
whether they
are in compliance with those rules, and provide
training and
technical assistance to the director and county
directors of
job and family services on the procedures for
determining
compliance with
those rules.
(G) The fire marshal, upon request of a provider of child
day-care in a type B home that is not certified by the county
director of job and family services, as a precondition of
approval
by the
state board of education
under section 3313.813
of
the
Revised Code for receipt of United States department of
agriculture child and adult care food program funds established
under
the
"National School Lunch Act," 60 Stat. 230 (1946), 42
U.S.C. 1751,
as amended, shall inspect the type B home to
determine compliance
with rules
adopted
under section
5104.052 of the
Revised Code regarding fire
prevention and fire
safety in
certified type B homes. In
municipal corporations and
in
townships where there is a certified
fire safety inspector, the
inspections shall be made by that
inspector under the supervision
of the fire marshal, according to
rules
adopted under section 5104.052 of
the Revised Code. In townships outside
municipal corporations
where there is no certified fire safety
inspector, inspections
shall be made by the fire marshal.
(H) The fire marshal may grant a variance to any provision of the state fire code upon written application by an affected party and upon demonstration by that party of both of the following:
(1) That a literal enforcement of the provision will result in an unnecessary hardship to the party;
(2) Either that the variance will not threaten the public health, safety, or welfare or that the party will provide measures to protect the public health, safety, and welfare that are substantially equivalent to the measures otherwise required under the state fire code.
Sec. 3737.65. (A) No person shall sell, offer for sale,
or
use any fire protection or fire fighting equipment that does
not
meet the minimum standards established by the fire marshal in
the
state fire code.
(B) Except for public and private mobile fire trucks, no
person shall service, test, repair, or install for profit any
fire
protection or fire fighting equipment without a certificate
or a
provisional certificate issued by the fire marshal.
(C) The fire marshal shall not issue a provisional
certificate pursuant to division (B) of this section to any
individual who is not enrolled in a bona fide apprenticeship
training program registered with the apprenticeship council
pursuant to section 4139.05 of the Revised Code or
with the
bureau
of apprenticeship and training of the United States
department of
labor. A provisional certificate issued pursuant
to this section
authorizes an individual to engage in the
activities permitted
under division (B) of this section only if
the individual:
(1) Remains enrolled in such an apprenticeship training
program; and
(2) Is directly supervised by an individual who possesses
a
valid and current certificate issued pursuant to division (B)
of
this section for the activities in which the individual issued
the
provisional certificate is engaged and the certified
individual
directly supervising the individual issued the
provisional
certificate only supervises one provisional
certificate holder.
Sec. 3737.71. Each insurance company doing business in
this
state shall pay to the state in installments, at the time of
making the payments required by section 5729.05 of the Revised
Code, in addition to the taxes required to be paid by it,
three-fourths of one per cent on the gross premium receipts
derived from fire insurance and that portion of the premium
reasonably allocable to insurance against the hazard of fire
included in other coverages except life and sickness and accident
insurance, after deducting return premiums paid and
considerations
received for reinsurances as shown by the annual
statement of such
company made pursuant to sections 3929.30,
3931.06, and 5729.02 of
the Revised Code. The money received
shall be paid into the state
treasury to the credit of the state
fire marshal's fund, which is
hereby created. The fund shall be
used for the maintenance and
administration of the office of the
fire marshal and
the Ohio fire
academy established by section
3737.33 of the Revised Code.
If the director of commerce public safety certifies
to the director of budget and management
that the cash balance in
the state fire marshal's fund is in
excess of the amount needed to
pay ongoing operating expenses, the
director may use the excess
amount to acquire by purchase, lease, or otherwise, real property
or interests in real property to be used for the benefit of the
office of the state fire marshal, or to construct, acquire,
enlarge, equip, furnish, or improve the fire marshal's office
facilities or the
facilities of the Ohio fire academy. The
state
fire marshal's fund
shall be assessed a proportionate share
of the
administrative
costs of the department of commerce public safety in
accordance
with procedures
prescribed by the director of commerce public safety
and
approved by the
director of budget and management. Such
assessment shall be paid
from the state fire marshal's fund to
the
division of
administration fund credit of the highway safety fund created by section 4501.06 of the Revised Code and shall be subject to appropriation solely for the expense of operation and maintenance of the department of public safety.
Sec. 3737.81. (A) There is hereby created within the department of public safety 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)(B) 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)(B) 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)(B) 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. 3737.82. The fire marshal board of building and fire standards shall adopt a state fire
code which shall consist of rules relating to all aspects of fire
safety. The rules shall be the minimum standards for
safeguarding life and property from fire and explosion, and the
fire marshal board may, in adopting these rules, incorporate by
reference existing published standards as well as amendments
thereto subsequently published by the same authority. The fire
code shall include, but not be limited to, rules relating to the
movable contents of any building, or class of buildings, the
transportation, storage, location, and use of flammable or
explosive materials, the procedures to be employed by persons in
the event of fire, the installation and location of fire
protection equipment, and other similar matters. The fire code
may contain rules applicable to particular classes of existing
buildings or structures as the use and occupancy of such
buildings or structures suggest are necessary. The fire marshal board
may amend, modify, or repeal any rule of the state fire code.
Sec. 3737.83. The fire marshal board of building and fire standards shall, as part of the state
fire code, adopt rules to:
(A) Establish minimum standards of performance for fire
protection equipment and fire fighting equipment;
(B) Establish minimum standards of training, fix minimum
qualifications, and require certificates for all persons who
engage in the business for profit of installing, testing,
repairing, or maintaining fire protection equipment;
(C) Provide for the issuance of certificates required
under division (B) of this section and establish the fees to be
charged for such certificates. A certificate shall be granted,
renewed, or revoked according to rules the fire marshal board shall
adopt.
(D) Establish minimum standards of flammability for
consumer goods in any case where the federal government or any
department or agency thereof has established, or may from time to
time establish standards of flammability for consumer goods. The
standards established by the fire marshal board shall be identical to
the minimum federal standards.
In any case where the federal government or any department
or agency thereof, establishes standards of flammability for
consumer goods subsequent to the adoption of a flammability
standard by the fire marshal board, standards previously adopted by the
fire marshal board shall not continue in effect to the extent such
standards are not identical to the minimum federal standards.
With respect to the adoption of minimum standards of
flammability, this division shall supersede any authority granted
a political subdivision by any other section of the Revised Code.
(E) Establish minimum standards pursuant to section
5104.05 of the Revised Code for fire prevention and fire safety
in child day-care centers and in type A family day-care homes, as
defined in section 5104.01 of the Revised Code.
(F) Establish minimum standards for fire prevention and
safety an adult group home seeking licensure as an adult care
facility must meet under section 3722.02 of the Revised Code.
The fire marshal board shall adopt the rules under this division in
consultation with the directors of health and aging and interested parties
designated by the directors
of health and aging.
Sec. 3737.84. (A) The state fire code adopted pursuant to
sections 3737.82 and 3737.83 of the Revised Code shall not
contain
any provision as follows:
(1) Relating to the organization or structure of a
municipal
or township fire department;
(2) Relating to structural building requirements covered
by
the Ohio building code;
(3)
That would cause an employer, in complying with it,
to
be in violation
of the "Occupational Safety and Health Act
of
1970," 84 Stat. 1590, 29 U.S.C.A. 651, or the "Consumer
Product
Safety Act of 1972," 86 Stat. 1207, 15 U.S.C.A. 2051;
(4) Regulating manufacturers or manufacturing facilities
with respect to occupational hazards where they are subject to
regulation by the federal occupational safety and health
administration;
(5)
That is inconsistent with, or in conflict with,
regulations of the federal occupational safety and health
administration or the hazardous materials regulations of the
hazardous materials regulations board of the federal highway
administration, United States department of transportation, or
the
public utilities commission;
(6)
That establishes a minimum standard of flammability
for
consumer goods in any area where the "Flammable Fabrics Act,"
81
Stat. 568
(1967), 15 U.S.C. 1191 authorizes the federal
government
or
any department or agency of the federal government
to establish
national standards of flammability for consumer
goods;
(7)
That establishes a health or safety standard for
the
use
of explosives in mining, for which the federal government
through
its authorized agency sets health or safety standards
pursuant to
section 6 of the "Federal Metal and Nonmetallic Mine
Safety Act of
1966," 80 Stat. 772, 30 U.S.C. 725, or section 101
of the "Federal
Coal Mine Health and Safety Act of 1969," 83
Stat.
745, 30
U.S.C.A. 811;
(8)
That is inconsistent with, or in conflict with,
section
3737.73 or Chapter 3743. of the Revised Code, or the
rules
adopted
pursuant to that chapter;
(9)(a) Restricting the dispensing of diesel fuel at a
terminal or bulk plant into a motor vehicle that is transporting
petroleum products or equipment essential to the operation of the
terminal or bulk plant, provided that the motor vehicle is owned
or leased by or operated under a contract with a person who has
been issued a motor fuel dealer's license under section 5735.02 of
the Revised Code;
(b) Authorizing the dispensing of any petroleum products at
a terminal or bulk plant from an
above ground
aboveground storage
tank at the
terminal or bulk plant to a motor vehicle other than a
motor
vehicle that is described in division (A)(9)(a) of this
section or
to a member of the general public.
As used in this section, "terminal or bulk plant" means that
portion of a property where petroleum products are received by
tank vessels, pipelines, tank cars, or tank vehicles and are
stored or blended in bulk for the purpose of distributing the
petroleum products via tank vessel, pipeline, tank car, tank
vehicle, portable tank, or container.
(B) No penalty shall be imposed by the fire marshal or the board of building and fire standards on any
person for a violation of the state fire code if a penalty has
been imposed or an order issued by the federal government for a
violation of a similar provision contained in or adopted pursuant
to the federal acts referred to in this section, where the facts
that constitute the violation of the state fire code are the
same
as those
that constitute the violation or alleged
violation
of
the federal act.
Sec. 3737.85. The fire marshal board of building and fire standards shall, as part of the state fire code, adopt
rules for giving notice to or serving a citation or order upon a responsible
person, to assure that:
(A) The owner of a building or premises receives notice before any action is
taken with respect to that building or premises;
(B) The person responsible by law for a violation of the state fire code
receives notice of such violation;
(C) The person responsible by law for any violation is given notice of and
the opportunity for a hearing as provided in this chapter.
Sec. 3737.86. (A) As used in this section, "rule"
includes the adoption, amendment, or repeal of any rule by the
fire marshal under sections 3737.82 to, 3737.83, and 3737.86 of the Revised
Code, regardless of whether or not the rule is included in the
state fire code.
(B) The fire marshal board of building and fire standards shall adopt rules in accordance with
Chapter 119. of the Revised Code. In adopting rules, the fire
marshal board shall consider and make appropriate findings with respect
to the degree and nature of the risk of injury that the rule is
designed to prevent or reduce, the approximate number of products
or types or classes of products subject to the rule, the public
need for the products involved, the probable effect of the rule
on the utility, cost, or availability of such product, and any
means of achieving the objective of the rule that will minimize
adverse effects on competition or disruption or dislocation of
manufacturing and other commercial practices. The minimum
standards embodied in the rules shall be published in such a
manner as to assure that all interested parties have a reasonable
opportunity to be informed of the standards so established.
(C) The fire marshal shall file a copy of the full text of
any proposed rule with the chairman of the state
fire commission.
The fire marshal shall not adopt the proposed rule until the
commission has filed in the office of the fire marshal
recommendations for revisions in the proposed rule or until a
period of sixty days has elapsed since the proposed rule was
filed with the chairman of the commission,
whichever occurs
first. The fire marshal shall consider any recommendations made
by the commission before adopting the proposed rule, but may
accept, reject, or modify the recommendations.
Sec. 3737.88. (A)(1) The fire marshal superintendent of industrial compliance shall have
responsibility for implementation of the underground storage tank
program and corrective action program for releases from
underground petroleum storage tanks established by the "Resource
Conservation and Recovery Act of 1976," 90 Stat. 2795, 42
U.S.C.A. 6901, as amended. To implement the program, the fire
marshal superintendent may adopt, amend, and rescind such rules, conduct such
inspections, require annual registration of underground storage
tanks, issue such citations and orders to enforce those rules,
and perform such other duties, as are consistent with those
programs. The fire marshal superintendent, by rule, may delegate the authority
to conduct inspections of underground storage tanks to certified
fire safety inspectors.
(2) In the place of any rules regarding release
containment and release detection for underground storage tanks
adopted under division (A)(1) of this section, the fire marshal superintendent,
by rule, shall designate areas as being sensitive for the
protection of human health and the environment and adopt
alternative rules regarding release containment and release
detection methods for new and upgraded underground storage tank
systems located in those areas. In designating such areas, the
fire marshal superintendent shall take into consideration such factors as soil
conditions, hydrogeology, water use, and the location of public
and private water supplies. Not later than July 11, 1990, the
fire marshal superintendent shall file the rules required under this division
with the secretary of state, director of the legislative service
commission, and joint committee on agency rule review in
accordance with divisions (B) and (H) of section 119.03 of the
Revised Code.
(B) Before adopting any rule under this section or section
3737.881 or 3737.882 of the Revised Code, the fire marshal superintendent shall
file written notice of his the proposed rule with the
chairman chairperson of the state fire commission board of building and fire standards, and, within
sixty days after notice is
filed, the commission board may file responses to or comments on and
may recommend alternative or supplementary rules to the fire
marshal superintendent. At the end of the sixty-day period or upon the filing
of responses, comments, or recommendations by the commission board, the
fire marshal superintendent may adopt the rule filed with the commission board or any
alternative or supplementary rule recommended by the commission board.
(C) The fire commission board may recommend courses of action to
be taken by the fire marshal superintendent in carrying out his the
superintendent's duties under this section. The commission board shall file its
recommendations in
the office of the fire marshal superintendent, and, within sixty days after the
recommendations are filed, the fire marshal superintendent shall file with the
chairman chairperson of the commission his board the superintendent's comments on,
and proposed action
in response to, the recommendations.
(D) For the purpose of sections 3737.87 to 3737.89 of the
Revised Code, the fire marshal superintendent shall adopt, and may amend and
rescind, rules identifying or listing hazardous substances. The
rules shall be consistent with and equivalent in scope, coverage,
and content to regulations identifying or listing hazardous
substances adopted under the "Comprehensive Environmental
Response, Compensation, and Liability Act of 1980," 94 Stat.
2779, 42 U.S.C.A. 9602, as amended, except that the fire marshal superintendent
shall not identify or list as a hazardous substance any hazardous
waste identified or listed in rules adopted under division (A) of
section 3734.12 of the Revised Code.
(E) Notwithstanding any provision of the laws of this
state to the contrary, the fire marshal superintendent has exclusive
jurisdiction to regulate the storage, treatment, and disposal of
petroleum contaminated soil generated from corrective actions
undertaken in response to releases of petroleum. The fire
marshal superintendent may adopt, amend, or rescind such rules as he the superintendent considers to be necessary or appropriate to regulate the storage,
treatment, or disposal of petroleum contaminated soil so
generated.
(F) The fire marshal superintendent shall adopt, amend, and rescind rules
under sections 3737.88 to 3737.882 of the Revised Code in
accordance with Chapter 119. of the Revised Code.
Sec. 3737.881. (A) The fire marshal superintendent of industrial compliance shall certify
underground storage tank systems installers who meet the
standards for certification established in rules adopted under
division (D)(1) of this section, pass the certification
examination required by this division, and pay the certificate
fee established in rules adopted under division (D)(5) of this
section. Any individual who wishes to obtain certification as an
installer shall apply to the fire marshal superintendent on a form prescribed by
the fire marshal superintendent. The application shall be accompanied by the
application and examination fees established in rules adopted
under division (D)(5) of this section.
The fire marshal superintendent shall prescribe an examination designed to
test the knowledge of applicants for certification as underground
storage tank system installers in the installation, repair,
abandonment, and removal of those systems. The examination shall
also test the applicants' knowledge and understanding of the
requirements and standards established in rules adopted under
sections 3737.88 and 3737.882 of the Revised Code pertaining to
the installation, repair, abandonment, and removal of those
systems.
Installer certifications issued under this division shall
be renewed annually, upon submission of a certification renewal
form prescribed by the fire marshal superintendent, provision of proof of
successful completion of continuing education requirements, and
payment of the certification renewal fee established in rules
adopted under division (D)(5) of this section. In addition, the
fire marshal superintendent may from time to time prescribe an examination for
certification renewal and may require applicants to pass the
examination and pay the fee established for it in rules adopted
under division (D)(5) of this section.
The fire marshal superintendent may, in accordance with Chapter 119. of
the Revised Code, deny, suspend, revoke, or refuse to renew an
installer's certification or renewal thereof if he finds after
finding that any
of the following applies:
(1) The applicant for certification or certificate holder
fails to meet the standards for certification or renewal thereof
under this section and rules adopted under it;
(2) The certification was obtained through fraud or
misrepresentation;
(3) The certificate holder recklessly caused or permitted
a person under his the certificate holder's supervision to
install, perform major repairs
on site to, abandon, or remove an underground storage tank system
in violation of the performance standards set forth in rules
adopted under section 3737.88 or 3737.882 of the Revised Code.
As used in division (A)(3) of this section, "recklessly"
has the same meaning as in section 2901.22 of the Revised Code.
(B) The fire marshal superintendent shall certify persons who sponsor
training programs for underground storage tank system installers
who meet the criteria for certification established in rules
adopted by the fire marshal superintendent under division (D)(4) of this section
and pay the certificate fee established in rules adopted under
division (D)(5) of this section. Any person who wishes to obtain
certification to sponsor such a training program shall apply to
the fire marshal superintendent on a form prescribed by him the superintendent.
Training program
certificates issued under this division shall expire annually.
Upon submission of a certification renewal application form
prescribed by the fire marshal superintendent and payment of the application and
certification renewal fees established in rules adopted under
division (D)(5) of this section, the fire marshal superintendent shall issue a
training program renewal certificate to the applicant.
The fire marshal superintendent may, in accordance with Chapter 119. of
the Revised Code, deny an application for, suspend, or revoke a
training program certificate or renewal thereof if he finds after
finding that
the training program does not or will not meet the standards for
certification established in rules adopted under division (D)(4)
of this section.
(C) The fire marshal superintendent may conduct or cause to be conducted
training programs for underground storage tank systems installers
as he the superintendent considers to be necessary or appropriate.
The fire marshal superintendent
is not subject to division (B) of this section with respect to
training programs conducted by employees of the office of the
fire marshal superintendent.
(D) The fire marshal superintendent shall adopt, and may amend and
rescind, rules doing all of the following:
(1) Defining the activities that constitute supervision
over the installation, performance of major repairs on site to,
abandonment of, and removal of underground storage tank systems;
(2) Establishing standards and procedures for
certification of underground storage tank systems installers;
(3) Establishing standards and procedures for continuing
education for certification renewal;
(4) Establishing standards and procedures for
certification of training programs for installers;
(5) Establishing fees for applications for certifications
under this section, the examinations prescribed under division
(A) of this section, the issuance and renewal of certificates
under divisions (A) and (B) of this section, and attendance at
training programs conducted by the fire marshal superintendent under division
(C) of this section. Fees received under this section shall be
credited to the underground storage tank administration fund
created in section 3737.02 of the Revised Code and shall be used
to defray the costs of implementing, administering, and enforcing
this section and the rules adopted thereunder, conducting
training sessions, and facilitating prevention of releases.
(6) That are necessary or appropriate for the
implementation, administration, and enforcement of this section.
(E) Nothing in this section or the rules adopted under it
prohibits an owner or operator of an underground storage tank
system from installing, making major repairs on site to,
abandoning, or removing an underground storage tank system under
the supervision of an installer certified under division (A) of
this section who is a full-time or part-time employee of the
owner or operator.
(F) On and after the date one hundred eighty days after
the effective date of this section January 7, 1990, no
person
shall do any of the following:
(1) Install, make major repairs on site to, abandon, or
remove an underground storage tank system unless the activity is
performed under the supervision of a qualified individual who
holds a valid installer certificate issued under division (A) of
this section;
(2) Act in the capacity of providing supervision for the
installation of, performance of major repairs on site to,
abandonment of, or removal of an underground storage tank system
unless the person holds a valid installer certificate issued
under division (A) of this section;
(3) Except as provided in division (C) of this section,
sponsor a training program for underground storage tank systems
installers unless the person holds a valid training program
certificate issued under division (B) of this section.
Sec. 3737.882. (A) If, after an examination or
inspection,
the fire marshal superintendent of industrial compliance or an the superintendent's assistant fire marshal finds
that a release
of petroleum is suspected,
the fire marshal superintendent shall take such
action as
the fire marshal superintendent
considers necessary to ensure that a
suspected
release is confirmed or disproved and, if the occurrence
of a
release is confirmed, to correct the release. These actions
may
include one or more of the following:
(1) Issuance of a citation and order requiring the
responsible person to undertake, in a manner consistent with the
requirements of section 9003 of the "Resource Conservation and
Recovery Act of 1976," 98 Stat. 3279, 42 U.S.C.A. 6991b, as
amended, applicable regulations adopted thereunder, and rules
adopted under division (B) of this section, such actions as are
necessary to protect human health and the environment, including,
without limitation, the investigation of a suspected release.
(2) Requesting the attorney general to bring a civil
action
for appropriate relief, including a temporary restraining
order or
preliminary or permanent injunction, in the court of
common pleas
of the county in which a suspected release is
located or in which
the release occurred, to obtain the
corrective action necessary to
protect human health and the
environment. In granting any such
relief, the court shall ensure
that the terms of the temporary
restraining order or injunction
are sufficient to provide
comprehensive corrective action to
protect human health and the
environment.
(3) Entry onto premises and undertaking corrective action
with respect to a release of petroleum if, in
the fire
marshal's superintendent's
judgment, such
action is
necessary to protect human
health and the
environment.
Any
corrective action undertaken by
the fire marshal superintendent
or the superintendent's assistant
fire
marshal under division (A)(3)
of this section
shall be
consistent
with the requirements of
sections 9003 and
9005 of the
"Resource
Conservation and Recovery
Act of 1976," 98
Stat. 3279,
42 U.S.C.A.
6991b, and 98 Stat. 3284,
42 U.S.C.A.
6991e,
respectively, as
amended, applicable
regulations adopted
thereunder, and rules
adopted under division
(B) of this section.
(B) The fire marshal superintendent shall adopt, and may amend and
rescind,
such rules as
the fire marshal superintendent considers necessary
to establish
standards for corrective actions for suspected and confirmed
releases of petroleum and standards for the recovery of costs
incurred for undertaking corrective or enforcement actions with
respect to such releases. The rules also shall include
requirements for financial responsibility for the cost of
corrective actions for and compensation of bodily injury and
property damage incurred by third parties that are caused by
releases of petroleum. Rules regarding financial responsibility
shall, without limitation, require responsible persons to
provide
evidence that the parties guaranteeing payment of the
deductible
amount established under division (E) or (F) of
section 3737.91 of
the Revised Code are, at a minimum,
secondarily liable for all
corrective action and third-party
liability costs incurred within
the scope of the deductible
amount. The rules shall be consistent
with sections 9003 and
9005 of the "Resource Conservation and
Recovery Act of 1976," 98
Stat. 3279, 42 U.S.C.A. 6991b, and 98
Stat. 3284, 42 U.S.C.A.
6991e, respectively, as amended, and
applicable regulations
adopted thereunder.
(C)(1) No person shall violate or fail to comply with a
rule
adopted under division (A) of section 3737.88 of the Revised
Code
or division (B) of this section, and no person shall violate
or
fail to comply with the terms of any order issued under
division
(A) of section 3737.88 of the Revised Code or division
(A)(1) of
this section.
(2) Whoever violates division (C)(1) of this section or
division (F) of section 3737.881 of the Revised Code shall pay a
civil penalty of not more than ten thousand dollars for each day
that the violation continues. The fire marshal superintendent may, by order,
assess a civil penalty under this division, or
the fire
marshal superintendent
may request the
attorney general to bring a civil action for
imposition of the
civil penalty in the court of common pleas of
the county in which
the violation occurred. If the fire marshal superintendent
determines that a
responsible person is in violation of division
(C)(1) of this
section or division (F) of section 3737.881 of the
Revised Code,
the fire marshal superintendent may request the attorney general to
bring a
civil action for appropriate relief, including a temporary
restraining order or preliminary or permanent injunction, in the
court of common pleas of the county in which the underground
storage tank or, in the case of a violation of division (F)(3) of
section 3737.881 of the Revised Code, the training program that
is
the subject of the violation is located. The court shall
issue a
temporary restraining order or an injunction upon a
demonstration
that a violation of division (C)(1) of this section
or division
(F) of section 3737.881 of the Revised Code has
occurred or is
occurring.
Any action brought by the attorney general under this
division is a civil action, governed by the
Rules of
Civil
Procedure and other rules of
practice and
procedure applicable to
civil actions.
(D) Orders issued under division (A) of section 3737.88 of
the Revised Code and divisions (A)(1) and (C) of this section,
and
appeals thereof, are subject to and governed by Chapter 3745.
of
the Revised Code. Such orders shall be issued without the
necessity for issuance of a proposed action under that chapter.
For purposes of appeals of any such orders, the term "director"
as
used in Chapter 3745. of the Revised Code includes the fire
marshal superintendent and an the superintendent's assistant fire marshal.
(E) Any restrictions on the use of real property for the
purpose of achieving applicable standards pursuant to rules
adopted under division (B) of this section shall be contained in a
deed or in another instrument that is signed and acknowledged by
the property
owner in the same manner as a deed. The deed or other
instrument
containing the restrictions shall be filed and recorded
in the
office of the county recorder of the county in which the
property
is located. Pursuant to Chapter 5309. of the Revised
Code, such
use restrictions in connection with registered land, as
defined in
section 5309.01 of the Revised Code, shall be entered
as a
memorial on the page of the register where the title of the
owner
is registered.
Sec. 3737.883. On receipt of a notice pursuant to
section
3123.43 of the Revised Code, the state fire
marshal superintendent of industrial compliance shall comply
with
sections 3123.41 to 3123.50 of the Revised Code and any
applicable rules adopted under
section 3123.63 of the Revised Code
with respect to a certificate issued pursuant to section 3737.34,
3737.65, 3737.83, or 3737.881 of the Revised Code.
Sec. 3737.89. (A) Except when a responsible person can
prove that a release of petroleum was caused solely by any one or
a combination of an act of God, an act of war, or an act or
omission of a third party without regard to whether any such act
or omission was or was not negligent, a responsible person,
notwithstanding any other provision of the Revised Code or common
law of this state, is strictly liable to the state for any costs
incurred for any corrective or enforcement action undertaken by
the fire marshal superintendent of industrial compliance under section 3737.882 of the Revised Code and
for any costs incurred for any enforcement action undertaken by
the attorney general under this section or section 3737.882 of
the Revised Code with respect to a release of petroleum.
The attorney general, upon the request of the fire marshal superintendent,
shall bring a civil action to recover those costs in the court of
common pleas of the county in which the corrective or enforcement
action was undertaken.
(B) If a responsible person alleges that a release of
petroleum was caused solely by an act or omission of a third
party or was caused solely by such an act or omission in
combination with an act of God or an act of war, the responsible
person shall pay to the state the cost of any corrective or
enforcement action undertaken by the fire marshal superintendent under section
3737.882 of the Revised Code and any enforcement action
undertaken by the attorney general under this section or section
3737.882 of the Revised Code with respect to the release and is
entitled by subrogation to all rights of the state to recover
those costs from the third party under division (C) of this
section. The attorney general, upon the request of the fire
marshal superintendent, shall bring a civil action to recover payment from the
responsible party for those costs in the court of common pleas of
the county in which the corrective or enforcement action was
undertaken.
(C) If the responsible person proves that a release of
petroleum was caused solely by an act or omission of a third
party or by such an act or omission in combination with an act of
God or an act of war, the third party, notwithstanding any other
provision of the Revised Code or common law of this state, is
strictly liable to the state for any costs incurred for any
corrective or enforcement action undertaken by the fire marshal superintendent
under section 3737.882 of the Revised Code and for any
enforcement action undertaken by the attorney general under this
section or section 3737.882 of the Revised Code with respect to
the release. The attorney general, upon the request of the fire
marshal superintendent or any person entitled by subrogation to the rights of
the state under division (B) of this section, may bring a civil
action to recover those costs in the court of common pleas of the
county in which the corrective or enforcement action was
undertaken.
(D) No indemnification, hold harmless, or similar
agreement or conveyance shall be effective to transfer from the
responsible person, or from any other person who may be liable
under division (C) of this section, to another person the
liability imposed by this section. Nothing in this division bars
either of the following:
(1) Any agreement to insure, hold harmless, or indemnify a
party to such an agreement for any liability under this section;
(2) A cause of action that any person has or would have
against any other person by reason of subrogation or otherwise.
(E) Nothing in this section limits the duty of a
responsible person under section 3737.882 of the Revised Code and
rules adopted under it to notify the fire marshal and to take
action with respect to a release of petroleum.
(F) Nothing in this section limits the right of the
federal government to recover from the responsible person any
federal money expended for any corrective or enforcement action
as a result of a release of petroleum.
Sec. 3737.91. (A) There is hereby created the petroleum underground storage
tank financial assurance fund, which shall be in the custody of the treasurer
of state, but is not a part of the state treasury. The fund shall consist of
moneys from the following sources:
(1) All fees collected under divisions (B) and (F) of this section and all
supplemental fees collected under division (C) of this section;
(2) Interest earned on moneys in the fund;
(3) Appropriations to the fund from the general revenue fund;
(4) The proceeds of revenue bonds issued under sections 3737.90 to 3737.948
of the Revised Code, provided that upon resolution of the petroleum
underground storage tank release compensation board created in section 3737.90
of the Revised Code, all or part of those proceeds may be deposited into a
separate account of the fund. Chapters 131. and 135. of the Revised Code do
not apply to the establishment, deposit, investment, application, and
safeguard of any such account and moneys in any such account.
(B) For the purposes of paying the costs of implementing and administering
this section and sections 3737.90 and 3737.92 of the Revised Code and rules
adopted under them; payment or reimbursement of corrective action costs under
section 3737.92 of the Revised Code; compensating third parties for bodily
injury or property damage under that section; and payment of principal and
interest on revenue bonds issued under sections 3737.90 to 3737.948 of the
Revised Code to raise capital for the fund, there is hereby assessed an annual
petroleum underground storage tank financial assurance fee on each tank
comprising an underground storage tank or an underground storage tank system
that contains or has contained petroleum and for which a responsible person is
required to demonstrate financial responsibility by rules adopted by the fire
marshal superintendent of industrial compliance under division (B) of section 3737.882 of the Revised Code. The fee
assessed by this division shall be paid to the board by a responsible person
for each tank that is subject to the fee. The fee shall be paid not later
than the first day of July of each year, except that in 1989 the fee shall be
paid
by either the first day of September or ninety days after July 11, 1989,
whichever is later. The fee is in addition to any fee established by the fire
marshal superintendent under section 3737.88 of the Revised Code.
The amount of the annual fee due in 1989 and 1990 is one hundred fifty dollars
per tank per year. In 1991 and subsequent years the board shall establish the
amount of the annual fee in accordance with this division. Not later than the
first day of April of 1991 and each subsequent year, the board, in
consultation with the administrative agent of the fund with whom the board has
entered into a contract under division (B)(3) of section 3737.90 of the
Revised Code, if any, shall determine the amount of the annual fee to be
assessed in that year and shall adopt rules in accordance with Chapter 119. of
the Revised Code to establish the fee at that amount. The fee shall be
established at an amount calculated to maintain the continued
financial soundness of the fund, provided that if the unobligated
balance of the fund exceeds forty-five million dollars on the
date that an annual determination is made, the board may assess a
fee in the year to which the determination applies only to the
extent required in or by, or necessary to comply with covenants
or other requirements in, revenue bonds issued under sections
3737.90 to 3737.948 of the Revised Code or in proceedings or
other covenants or agreements related to such bonds. Not later
than the first day of May of 1991 and each subsequent year, the
board shall notify each responsible person by certified mail of
the amount of the annual fee per tank due in that year. As used
in this paragraph, "proceedings" has the same meaning as in
section 133.01 of the Revised Code.
If a responsible person is both the owner and operator of a
tank, the responsible person shall pay any annual fee
assessed under this division in
compliance with this division and the rules adopted thereunder.
If the owner of the tank and the operator of the tank are not the
same person, any annual fee assessed under this division in
compliance with this division and the rules adopted thereunder
shall be paid by one of the responsible persons; however, all
such responsible persons are liable for noncompliance with this
division.
(C) As necessary to maintain the financial soundness of
the fund, the board, by rules adopted in accordance with Chapter
119. of the Revised Code, may at any time assess a supplemental
petroleum underground storage tank financial assurance fee on
tanks subject to the fee assessed under division (B) or (F) of
this section in any fiscal year in which the board finds that the
unobligated balance in the fund is less than fifteen million
dollars. The board, in consultation with the fund's
administrative agent, if any, shall establish the amount of the
supplemental fee at an amount that will ensure an unobligated
balance in the fund of at least fifteen million dollars at the
end of the fiscal year in which the supplemental fee is assessed.
Not less than thirty days before the date on which payment of the
supplemental fee is due under the board's rules, the board shall
notify each responsible person by certified mail of the amount of
the supplemental fee and the date on which payment of the
supplemental fee to the board is due.
If a responsible person is both the owner and operator of a
tank, the responsible person shall pay any supplemental fee
assessed under this
division in compliance with this division and the rules adopted
thereunder. If the owner of the tank and the operator of the
tank are not the same person, any supplemental fee assessed under
this division in compliance with this division and the rules
adopted thereunder shall be paid by one of the responsible
persons; however, all such responsible persons are liable for
noncompliance with this division.
(D)(1) The board shall issue a certificate of coverage to any responsible
person who has complied with all of the following:
(a) Paid the fee assessed under division (B) or (F) of this section;
(b) Demonstrated to the board financial responsibility in compliance with the
rules adopted by the fire marshal superintendent under division (B) of section 3737.882 of
the Revised Code for the deductible amount established under division (E) of
this section or, when appropriate, the reduced deductible amount established
under division (F) of this section. If the responsible person utilizes
self-insurance as a financial responsibility mechanism, the responsible person
shall provide the board with an affidavit in which the responsible party
certifies that all documentation submitted to the board is true and accurate;
(c) Certified to the board that for each petroleum underground storage tank
system for which a certificate of coverage is sought, the responsible person
is in compliance with applicable rules for petroleum underground storage tank
systems that have been adopted by the fire marshal superintendent
under section 3737.88 of the Revised Code.
The certificate of coverage shall state the amount of
coverage to which the responsible person is entitled from
the fund
pursuant to division (D)(3) of this section and the time period
for which the certificate provides that coverage. An issued
certificate of coverage is subject to the condition that the
holder timely pay any supplemental fee assessed under division
(C) of this section during the time that the certificate is in
effect.
(2) The board shall not issue a certificate of coverage to any responsible
person who fails to comply with divisions (D)(1)(a), (b), and (c) of this
section.
(3) The maximum disbursement from the fund for any single release of
petroleum is the difference between the deductible amount established under
division (E) of this section or, when appropriate, the reduced deductible
amount established under division (F) of this section and one million dollars.
The maximum disbursement from the fund during any fiscal year on behalf of
any responsible person shall not exceed in the aggregate one million dollars
less the deductible amount if the responsible person owns or operates not more
than one hundred tanks comprising underground petroleum storage tanks or
underground petroleum storage tank systems, shall not exceed in the aggregate
two million dollars less the deductible amount if the responsible person owns
or operates not more than two hundred such tanks, shall not exceed in the
aggregate three million dollars less the deductible amount if the responsible
person owns or operates not more than three hundred such tanks, and shall not
exceed in the aggregate four million dollars less the deductible amount if the
responsible person owns or operates more than three hundred such tanks. The
maximum disbursement from the fund for any single release or for any fiscal
year under this division does not in any manner limit the liability of a
responsible person for a release of petroleum.
(E)(1) Except as otherwise provided in division (F) of this section, no
responsible person is eligible to receive moneys from the fund under section
3737.92 of the Revised Code until the responsible person demonstrates to the
board financial responsibility for the first fifty thousand dollars of the
cost for corrective action for, and compensating third parties for bodily
injury and property damage caused by, accidental releases of petroleum from an
underground storage tank owned or operated by the responsible party. The
fifty thousand dollar amount is the deductible amount for the
purposes of this section and section 3737.92 of the Revised Code.
(2) The board, in consultation with the fund's administrative agent, if any,
may, by rules adopted in accordance with Chapter 119. of the Revised Code,
establish for any fiscal year a deductible amount that differs from fifty
thousand dollars. The deductible amount established by the board shall be
such an amount as to maintain the financial soundness of the fund. Any action
of the board to establish a differing deductible amount or to alter a
deductible amount previously established by it shall be taken concurrently
with the establishment under division (B) of this section of the annual fee
due on the first day of the fiscal year in which the deductible amount will
apply. If the deductible amount established under this division differs from
that in effect at the time of the board's action, the board shall notify each
responsible person of the change by certified mail not later than the first
day of May preceding the effective date of the change.
(F)(1) Any responsible person owning, or owning or
operating, a total of six or fewer petroleum underground storage
tanks may elect in calendar years 1989 and 1990 to pay twice the
amount of the per tank annual fee for each tank assessed under
division (B) of this section in order to reduce the amount of the
deductible established in division (E) of this section to the
total amount of ten thousand dollars. The election shall be
available only at the time of the payment of the annual fee and
any supplemental fee. The election shall not be retroactively
applied.
(2) Any responsible person owning, or owning or operating,
a total of six or fewer petroleum underground storage tanks may
elect in calendar year 1991 and in each subsequent year to pay an
additional fee at an amount established by the board in addition
to the per tank annual fee assessed under division (B) of this
section in order to reduce the deductible amount established
under division (E) of this section. In calendar year 1991 and in
each subsequent year, the board shall establish the amount of the
additional fee and the reduced deductible amount. In determining
the amount of the additional fee and the reduced deductible
amount, the board shall take into consideration the effect of the
additional claims paid under section 3737.92 of the Revised Code
to responsible persons making an election under division (F)(2)
of this section and balance that consideration with such factors
as the availability of liability insurance, the difficulty of
proving financial responsibility pursuant to the rules adopted by
the fire marshal superintendent under division (B) of section 3737.882 of the
Revised Code, and the hardship created on small owners and
operators of petroleum underground storage tanks by an increase
in either the additional fee or the reduced deductible amount.
(3) Any responsible person owning, or owning or operating,
a total of six or fewer petroleum underground storage tanks who
elects to pay the additional fee under divisions (F)(1) and (2)
of this section shall pay any per tank supplemental fee assessed
under division (C) of this section.
(G) If the director of the fund determines that a
responsible person has failed to comply with division (B), (C),
or (F) of this section, the director of the fund shall notify
each responsible person for the petroleum underground storage
tank of the noncompliance. If, within thirty days after the
notification, the responsible person fails to pay the applicable
fee or any fee previously assessed upon the responsible person
under this section, the director of the fund shall issue an order
requiring the responsible person to pay all of the fees the
responsible person owes to the fund and an additional late payment fee in
the amount of one thousand dollars to the fund.
If a responsible person fails to comply with any order of
the director of the fund within thirty days after the issuance of
the order, the director shall notify the fire marshal superintendent of that
noncompliance. Upon the request of the director of the fund, the
attorney general may bring a civil action for appropriate relief,
including a temporary restraining order or preliminary or
permanent injunction, in the court of common pleas of the county
in which the petroleum underground storage tank that is the
subject of the order is located. The court shall issue an
injunction upon a demonstration that a failure to comply with the
director's order has occurred or is occurring.
Any orders issued by the director of the fund under this
division may be appealed by the responsible person under division
(F) of section 3737.92 of the Revised Code. For the purpose of
an appeal of any order of the director of the fund,
"determination" as used in that division includes any order of
the director of the fund. The filing of a notice of appeal under
this division does not operate as a stay of any order of the
director of the fund.
Sec. 3737.92. (A) The petroleum underground storage tank release
compensation board created in section 3737.90 of the Revised Code shall use
moneys in the petroleum underground storage tank financial assurance fund
established in section 3737.91 of the Revised Code exclusively for the
following purposes:
(1) Payment of the expenses of administering the fund;
(2) Payment of the administrative expenses of the board;
(3) Payment to or reimbursement of responsible persons for the necessary cost
of corrective action for and compensating third parties for bodily injury and
property damage caused by accidental releases of petroleum in accordance with
this section, provided that proceeds from the issuance of revenue bonds under
sections 3737.90 to 3737.948 of the Revised Code may only be used for the
payment to or reimbursement of responsible persons for the necessary costs of
corrective action for improving property damaged by accidental releases of
petroleum in accordance with this section;
(4) Deposit into any funds provided for in a resolution or resolutions of the
board in connection with any revenue bonds issued under sections 3737.90 to
3737.948 of the Revised Code;
(5) Placement of petroleum underground storage tank linked deposits under
sections 3737.95 to 3737.98 of the Revised Code.
(B) A responsible person seeking to obtain from the fund payment of or
reimbursement for corrective action costs for an accidental release of
petroleum shall submit a claim to the board in accordance with and containing
the information required by rules adopted by the board in accordance with
Chapter 119. of the Revised Code. Before authorizing any disbursement from
the fund to pay all or any portion of a claim submitted under this division,
the director of the fund shall first determine that the claim meets all of the
following criteria:
(1) The responsible person is eligible under division (D) of this section to
receive payment of or reimbursement for the corrective action costs from the
fund;
(2) The corrective action performed or to be performed has been authorized by
the fire marshal superintendent of industrial compliance under section 3737.882 of the Revised Code and rules adopted
under that section;
(3) The costs of performing the corrective action are necessary to comply
with the rules of the fire marshal superintendent adopted under sections 3737.88 and 3737.882
of the Revised Code governing corrective actions.
(C) A responsible person seeking to obtain from the fund payment of or
reimbursement for compensation paid or to be paid to third parties for bodily
injury or property damage caused by an accidental release of petroleum shall
submit a claim to the board in accordance with and containing the information
required by rules adopted by the board in accordance with Chapter 119. of the
Revised Code. Before authorizing any disbursement from the fund to pay all or
any portion of a claim submitted under this division, the director of the fund
shall first determine that the claim meets both of the following criteria:
(1) The responsible person who submitted the claim is eligible under division
(D) of this section to receive payment of or reimbursement for the third-party
compensation from the fund;
(2) There is a legally enforceable judgment against the responsible person
for bodily injury or property damage to one or more third parties resulting
from the release in the amount stated in the claim, or, if there is a
settlement with a third party as a result of the release, the amount of the
settlement stated in the claim is reasonable.
(D) A responsible person is not eligible to receive payment or reimbursement
from the fund under division (B) or (C) of this section unless all of the
following conditions are met:
(1) At the time that the release was first suspected or confirmed, a
responsible person possessed a valid certificate of coverage issued by the
board under division (D) of section 3737.91 of the Revised Code for the
petroleum underground storage tank system from which the release occurred;
(2) One of the following applies:
(a) The petroleum underground storage tank system from which the release
occurred was registered in compliance with rules adopted by the fire marshal superintendent
under section 3737.88 of the Revised Code when the occurrence of the release
was first suspected or confirmed;
(b) The fire marshal superintendent has recommended that payment or reimbursement be made
because good cause existed for the responsible person's failure to have so
registered the petroleum underground storage tank system, and the responsible
person has registered the petroleum underground storage tank system with the
fire marshal superintendent and paid all back registration fees payable under those rules for
registration of the system from the time the responsible person should have,
but failed to register the system.
(3) The fire marshal superintendent has determined that, when the claim was filed, a
responsible person was in compliance with all orders issued under sections
3737.88 and 3737.882 of the Revised Code regarding the petroleum underground
storage tank system from which the release occurred;
(4) A responsible person demonstrates financial responsibility for the
deductible amount applicable under section 3737.91 of the Revised Code for the
petroleum underground storage tank system from which the release has occurred;
(5) The responsible person has not falsified any attestation contained on a
registration application required by rules adopted under section 3737.88 of
the Revised Code;
(6) The petroleum underground storage tank system from which the release
occurred was in compliance with rules, other than rules regarding
registration, adopted by the fire marshal superintendent under section 3737.88 of the Revised
Code when the occurrence of the release was first suspected or confirmed.
(E) The director of the fund may make a determination to approve or
disapprove a claim and to authorize a disbursement from the fund for payment
of an approved claim administratively without a hearing. If the director of
the fund makes a determination regarding a claim that is inconsistent with a
recommendation or determination of the fire marshal superintendent for purposes of division
(B)(2) or (3) or (D)(2), (3), or (5) of this section, the director shall
detail those inconsistencies in a written finding of fact before authorizing
any disbursement from the fund for payment of the claim. Upon making a
determination of a claim under this section, the director of the fund shall
provide written notice of the determination and a copy of any written finding
of fact accompanying the determination to the responsible person who submitted
the claim and to the fire marshal superintendent.
(F) If the responsible person who submitted a claim under this section or the
fire marshal superintendent objects to the determination of the claim made by the director of
the fund and files an objection to the determination with the board within
thirty days after the mailing of the notification of the determination and
finding of fact, if any, the board shall appoint a referee to conduct an
adjudication hearing on the determination. The adjudication hearing shall be
conducted in accordance with section 119.09 of the Revised Code. For the
purposes of adjudication hearings on determinations of the director of the
fund, the term "agency" as used in that section includes the board.
If any party is aggrieved by an order of the board made after the adjudication
hearing on the determination, the party may appeal the order in accordance
with section 119.12 of the Revised Code. For the purposes of appeals of any
such orders, the terms "fire marshal" and term "building" as used in that section
include the board and includes the petroleum underground storage tank, respectively.
(G) Neither the state, the board, nor the director of the fund is liable to
any responsible person to pay the cost of any corrective action or of third
party compensation for a release of petroleum when the fund is depeleted of
moneys because the amount of the claims made on the fund exceeds the
unobligated balance in the fund. However, upon assessing and collecting a
supplemental fee under division (C) of section 3737.91 of the Revised Code,
the board shall again consider the claim of a responsible person whose claim
was not initially honored because of the insufficiency of unobligated balances
in the fund to pay that person's claim.
The inability of a responsible person to obtain money from the fund does not
in any manner limit the liability of a responsible person for a release of
petroleum.
(H) Neither the right to apply for payment or reimbursement nor the receipt
of payment or reimbursement under this section limits the liability of any
responsible person to the state for the payment of any corrective action or
enforcement costs under sections 3737.882 and 3737.89 of the Revised Code, or
to any third party for bodily injury or property damage, resulting from a
release of petroleum from an underground storage tank system owned or operated
by the responsible person. Neither the right to apply for payment or
reimbursement under this section nor any delay by the board or director of the
fund in acting upon any claim for any such payment or reimbursement
limits or postpones the duty of any responsible person to comply
with any order of the fire marshal superintendent issued under section 3737.88
or 3737.882 of the Revised Code.
(I) The board, upon payment to or reimbursement of a responsible person from
the fund for corrective action costs or the cost of compensation to third
parties for bodily injury or property damage, is entitled by subrogation to
all rights of the responsible person to recover those costs from any other
person. The attorney general, upon the request of the board, may bring a
civil action to recover those costs in the court of common pleas of the county
in which the release of petroleum occurred.
(J) Nothing in this section limits the right of the federal government to
recover from the responsible person any federal money expended for any
corrective or enforcement action as a result of a release of petroleum.
(K) If the responsible person described in division (D) of this section is a
state agency, any payments or reimbursements received by the state agency
under this section shall be deposited into the fund from which the
expenditures for the corrective action or third party compensation originally
were made.
Sec. 3737.98. (A) Upon placement of a petroleum
underground storage tank linked deposit with an eligible lending
institution, the institution shall lend the funds to each
approved eligible owner listed in the petroleum underground
storage tank linked deposit loan package required by division (D)
of section 3737.96 of the Revised Code and in accordance with the
linked deposit agreement required by division (C) of section
3737.97 of the Revised Code. The loan shall be at a rate below
the present borrowing rate determined in the agreement with the
petroleum underground storage tank release compensation board
applicable to each eligible owner. A certificate of compliance
with this section, in the form and manner prescribed by the
board, shall be required for the eligible lending institution.
The borrowing rate set by the agreement shall be uniform and may
not be revised during the period of the deposit.
(B) The board shall take any and all steps necessary to
implement the petroleum underground storage tank linked deposit
program and to monitor the compliance of eligible lending
institutions and eligible owners, including the development of
guidelines for those purposes as necessary.
(C) The board and the fire marshal superintendent of industrial compliance shall notify owners of
petroleum underground storage tanks of the linked deposit program
and its eligibility requirements. Annually, on or before the
first day of February, the board shall report on the petroleum
underground storage tank linked deposit program for the preceding
calendar year to the governor, speaker of the house of
representatives, and president of the senate. The speaker of the
house of representatives and president of the senate shall
transmit copies of the report to the chairmen chairpersons of
their respective
standing committees that customarily consider legislation
regarding underground storage tanks and the environment. The
report shall set forth the petroleum underground storage tank
linked deposits made by the board during the preceding year and
shall include information regarding the nature, terms, and
amounts of loans upon which the linked deposits were made and the
eligible owners to which the loans were made.
Sec. 3741.14. (A) Each filling station offering
self-service shall be operated in accordance with national fire
protection association standard number 30A-1990, and the
provisions of the "Occupational Safety and Health Act of 1970,"
84 Stat. 1590, 5 U.S.C.A. 5108, and any amendments thereto and
standards adopted thereunder.
(B) The fire marshal board of building and fire standards shall adopt, as part of the state
fire code, rules governing the equipment, operation, and
maintenance of filling stations. The rules shall be such as are
necessary for the protection of the persons and property of the
public, but shall require as a minimum that:
(1) Gasoline and other flammable or combustible liquids be
dispensed only by a person who is not smoking;
(2) A sign, in block letters at least four inches in
height, be conspicuously displayed on each gasoline pump island
where self-service is offered stating that it is a self-service
island;
(3) Signs giving instructions for the operation of
gasoline dispensing equipment, in block letters, be conspicuously
posted at each filling station offering self-service;
(4) A sign bearing the following words in block letters be
conspicuously posted on each gasoline pump island where
self-service is offered:
(c) "WARNING--IT IS UNLAWFUL AND DANGEROUS TO DISPENSE
GASOLINE INTO UNAPPROVED CONTAINERS";
(d) "PERSONS USING DISPENSERS WITH HOLD-OPEN LATCHES MUST
REMAIN AT THE REFUELING POINT DURING REFUELING".
(5) All signs required by this section be constructed of
rigid, weather-resistant material;
(6) Gasoline dispensing nozzles used by any person other
than a supervisor, employee, or attendant be of an approved
automatic closing type. Any person other than a supervisor,
employee, or attendant using a dispenser with a hold-open latch
shall remain at the refueling point during refueling.
(C) The fire marshal board shall not prohibit the operation of a
filling station offering self-service solely because it is an
unattended filling station that utilizes key- or card-operated
self-service flammable or combustible liquid dispensing
equipment.
(D) Nothing in this section shall be interpreted to
prohibit the fire marshal board from adopting reasonable rules
governing the safety of self-service flammable or combustible
liquid dispensing equipment.
Sec. 3741.15. (A) Except for Chapters 3704., 3734., 3750., 3751., 3752., and 3753. of the Revised Code, the superintendent of the division of industrial compliance shall have primary responsibility under Title XXXVII of the Revised Code for the implementation and administration of the aboveground petroleum storage tank program. To implement the program, the superintendent shall propose rules to the board of building and fire standards created under section 3781.07 of the Revised Code and the board shall not adopt the proposed rules until the fire code advisory committee has filed in the board's office recommendations for revisions in the proposed rules or until a period of sixty days has elapsed since the proposed rules, whichever occurs first. The board shall consider any recommendations made by the committee before adopting the proposed rules, but may accept, reject, or modify the recommendations so long as any rule proposed is consistent with the state fire code adopted pursuant to section 3737.82 of the Revised Code. The board shall adopt the rules under this section in accordance with Chapter 119. of the Revised Code.
(B) In proposing the rules to the board for the implementation and administration of the aboveground petroleum storage tank program, the superintendent shall require a method of permitting for the installation, removal, modification, and repair of aboveground storage tanks containing petroleum or petroleum products at terminal and bulk plants in the state as those terms are defined in section 3737.84 of the Revised Code. The superintendent shall propose rules allowing for the delegation of authority to conduct inspections related to permitting of aboveground petroleum storage tanks. The superintendent may consider and propose rules for annual registration of aboveground petroleum storage tanks and the superintendent may propose fees for registration, permitting, and inspection as are consistent with this program. Within seven days of the receipt of an application for a permit under this section, the superintendent shall notify in writing the state fire marshal and the fire department having jurisdiction of the proposed permitted activity. The fire marshal or the fire department having jurisdiction may waive the notification requirements of this paragraph.
(C) Nothing in this section shall prohibit the state fire marshal or a certified fire safety inspector having jurisdiction from inspecting terminal and bulk plants in this state. If, upon inspection or investigation, the fire marshal, an assistant fire marshal, or a certified fire safety inspector having jurisdiction finds a violation of the state fire code or sections 3737.41 to 3737.46 of the Revised Code, the fire marshal, an assistant fire marshal, or a certified fire safety inspector may take such actions as provided for by sections 3737.41 to 3737.46 of the Revised Code or rules adopted pursuant to Chapter 3737. of the Revised Code.
(D) When any permit is issued by the superintendent, the structure and every particular thereof represented by that permit and disclosed therein shall, in the absence of fraud or a serious safety hazard, be conclusively presumed to comply with Chapter 3737. of the Revised Code or any rule issued pursuant thereto, if constructed, altered or repaired in accordance with that permit and any such rule in effect at the time of approval.
(E) Upon application by an affected party regulated under this section, the superintendent may grant a variance from the state fire code or rules adopted for the implementation and administration of the aboveground petroleum storage tank program, if the superintendent determines that a literal enforcement of the requirement will result in unnecessary hardship and the variance will not be contrary to the public health, safety, or welfare.
Sec. 3743.57. (A) All fees collected by the fire marshal
for licenses or permits issued pursuant to this chapter shall be
deposited into the state fire marshal's fund, and interest earned
on the amounts in the fund shall be credited by the treasurer of
state to the fund.
(B) There is hereby established in the state treasury the
fire marshal's fireworks training and education fund. The fire
marshal shall deposit all assessments paid under this division
into the state treasury to the credit of the
fund. Each
fireworks
manufacturer and fireworks wholesaler licensed under
this chapter
shall pay assessments to the fire marshal for deposit
into the
fund as required by this division.
The fire marshal shall impose an initial assessment upon
each
licensed fireworks manufacturer and wholesaler in order to
establish a fund balance of
fifteen thousand dollars. The
fund
balance shall at no time exceed
fifteen thousand dollars,
and the
fire
marshal shall impose no further assessments unless
the fund
balance is reduced to five thousand dollars or less. If
the fund
balance is reduced to five thousand dollars or less, the
fire
marshal shall impose an additional assessment upon each
licensed
fireworks manufacturer and wholesaler in order to
increase the
fund balance to
fifteen thousand dollars. The
fire marshal shall
determine the amount of the initial assessment
on each
manufacturer or wholesaler and each additional assessment
by
dividing the total amount needed to be paid into the fund by
the
total number of fireworks manufacturers and wholesalers
licensed
under this chapter. If a licensed fireworks manufacturer
or
wholesaler fails to pay an assessment required by this division
within thirty days after receiving notice of the assessment, the
fire marshal, in accordance with Chapter 119. of the Revised
Code,
may refuse to issue, or may revoke, the appropriate
license.
The fire marshal shall in
the fire marshal's discretion
use
amounts in the
fund for
fireworks training and education
purposes, including, but
not
limited to, the creation of
educational and training programs,
attendance by the fire marshal
and
the fire marshal's
employees at conferences
and seminars,
the payment of travel
and meal expenses
associated with such
attendance,
participation by the fire
marshal and
the fire
marshal's
employees in committee
meetings and other
meetings
related to
pyrotechnic codes, and the payment of travel
and meal
expenses
associated with such participation. The use of
the fund
shall
comply with rules of the department of commerce public safety,
policies
and
procedures established by the director of budget and
management,
and all other applicable laws.
Sec. 3743.75. (A) During the period beginning on
the
effective date of this section
June 29, 2001, and ending on December 15, 2005,
the state fire marshal shall not do any of the following:
(1) Issue a license as a manufacturer of fireworks under
sections 3743.02 and 3743.03 of the Revised Code to a person for a
particular fireworks plant unless that person possessed such a
license for that fireworks plant immediately prior to
the
effective date of this section
June 29, 2001;
(2) Issue a license as a wholesaler of fireworks under
sections 3743.15 and 3743.16 of the Revised Code to a person for a
particular location unless that person possessed such a license
for that location immediately prior to
the effective date of this
section
June 29, 2001;
(3) Except as provided in division (B) of this section,
approve the transfer of a license as a manufacturer or wholesaler
of fireworks issued under this chapter to any location other than
a location for which a license was issued under this chapter
immediately prior to
the effective date of this section
June 29,
2001.
(B) Division (A)(3) of this section does not apply to a
transfer that the state fire marshal approves under division
(D)(2) of section 3743.17 of the Revised Code. Section 3743.59 of
the Revised Code does not apply to this section.
(C) The department of commerce public safety and the division of state
fire marshal shall devise, by December 15, 2005, a proposal to
provide for the issuance of manufacturer and wholesaler of
fireworks licenses that is based upon demographics and designed to
ensure the safety of the public and send a copy of the proposal to
the president of the senate and speaker of the house of
representatives.
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 reduce if by affidavit the appellant demonstrates that payment of the full amount of the fee would cause extreme hardship.
Within seven days after receipt of the notice of appeal, the
director or local board of health shall prepare and certify to
the
commission a record of the proceedings out of which
the appeal
arises, including all documents and correspondence, and a
transcript of all testimony.
Upon the filing of the appeal, the commission shall fix
the
time
and place at which the hearing on the appeal will be held.
The
commission shall give
the appellant and the appellee at least
ten days'
written notice thereof by certified mail. The
commission
shall hold the hearing within thirty days after the
notice of appeal is
filed. The commission may postpone or
continue any
hearing upon its
own motion or upon application of
the appellant or of the appellee.
The filing of an appeal does not automatically suspend or
stay execution of the action appealed from. Upon application by
the appellant, the commission may suspend or stay
the
execution
pending immediate determination of the appeal without
interruption
by continuances, other than for unavoidable
circumstances.
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 Except as provided in division (M)(4) of this section, 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 1.48 |
|
|
5,000 to 7,499 |
|
.88 1.42 |
|
|
7,500 to 9,999 |
|
.84 1.34 |
|
|
10,000 to 14,999 |
|
.80 1.16 |
|
|
15,000 to 24,999 |
|
.76 1.10 |
|
|
25,000 to 49,999 |
|
.72 1.04 |
|
|
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 |
|
392 628 |
|
|
1,500 to 2,999 |
|
792 1,268 |
|
|
3,000 to 7,499 |
|
1,760 2,816 |
|
|
7,500 to 14,999 |
|
3,800 5,510 |
|
|
15,000 to 22,499 |
|
6,240 9,048 |
|
|
22,500 to 29,999 |
|
8,576 12,430 |
|
|
30,000 or more |
|
11,600 16,820 |
|
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 |
|
192 278 |
|
|
5 |
|
392 568 |
|
|
System supplied by designated as using a surface |
|
|
|
|
water, springs, or dug wells source |
|
792 |
|
As used in division (M)(3) of this section,
"number of
wells
supplying system" means those wells that are physically
connected
to the plumbing system serving the public water system.
(4) A public water system designated as using a surface water source shall pay a fee of seven hundred ninety-two dollars or the amount calculated under division (M)(1) or (2) of this section, whichever is greater.
(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 trace metals |
|
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 |
|
|
organic chemicals |
|
3,500 |
|
|
chemical/radiological trace metals |
|
250 3,500 |
|
|
standard chemistry |
|
1,800 |
|
|
nitrate/turbidity (only) limited chemistry |
|
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 dollars through June November 30,
2004,
and
ten dollars on and after July 1,
2004 2003. 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 November 30,
2004 2003:
|
Class I operator |
|
$45 |
|
|
Class II operator |
|
55 |
|
|
Class III operator |
|
65 |
|
|
Class IV operator |
|
75 |
|
On and after December 1, 2003, 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 forty-five dollars through November 30, 2006, and twenty-five dollars on and after December 1, 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 November 30, 2006:
|
Class A operator |
|
$35 |
|
|
Class I operator |
|
60 |
|
|
Class II operator |
|
75 |
|
|
Class III operator |
|
85 |
|
|
Class IV operator |
|
100 |
|
On and after July December 1,
2004 2006, the applicant shall pay a fee
in
accordance with the following schedule:
|
Class A operator |
|
$25 |
|
|
Class I operator |
|
$25 45 |
|
|
Class II operator |
|
35 55 |
|
|
Class III operator |
|
45 65 |
|
|
Class IV operator |
|
55 75 |
|
A person shall pay a biennial certification renewal fee for each applicable class of certification in accordance with the following schedule:
|
Class A operator |
|
$25 |
|
|
Class I operator |
|
35 |
|
|
Class II operator |
|
45 |
|
|
Class III operator |
|
55 |
|
|
Class IV operator |
|
65 |
|
If a certification renewal fee is received by the director more than thirty days, but not more than one year after the expiration date of the certification, the person shall pay a certification renewal fee in accordance with the following schedule:
|
Class A operator |
|
$45 |
|
|
Class I operator |
|
55 |
|
|
Class II operator |
|
65 |
|
|
Class III operator |
|
75 |
|
|
Class IV operator |
|
85 |
|
A person who requests a replacement certificate shall pay a fee of twenty-five dollars at the time the request is made.
The director shall transmit all moneys collected under this
division to the treasurer of state for deposit into the drinking
water
protection fund created in section 6109.30 of the Revised
Code.
(P) Through June 30,
2004, any Any person submitting an
application for an industrial water pollution control certificate
under section 6111.31 of the Revised Code, as that section existed before its repeal by H.B. 95 of the 125th general assembly, shall pay a
nonrefundable fee of five hundred dollars at the time the
application is submitted. The director shall transmit all moneys
collected under this division to the treasurer of state for
deposit into the surface water protection fund created in section
6111.038 of the Revised Code. A person paying a certificate fee
under this division shall not pay an application fee under
division (S)(1) of this section. On and after the effective date of this amendment, persons shall file such applications and pay the fee as required under sections 5709.20 to 5709.27 of the Revised Code, and proceeds from the fee shall be credited as provided in section 5709.212 of the Revised Code.
(Q) Except as otherwise provided in division (R) of this
section, a person issued a permit by the director for a new solid
waste disposal facility other than an incineration or composting
facility, a new infectious waste treatment facility other than an
incineration facility, or a modification of such an existing
facility that includes an increase in the total disposal or
treatment capacity of the facility pursuant to Chapter 3734. of
the Revised Code shall pay a fee of ten dollars per thousand
cubic
yards of disposal or treatment capacity, or one thousand
dollars,
whichever is greater, except that the total fee for any
such
permit shall not exceed eighty thousand dollars. A person
issued
a modification of a permit for a solid waste disposal
facility or
an infectious waste treatment facility that does not
involve an
increase in the total disposal or treatment capacity
of the
facility shall pay a fee of one thousand dollars. A
person issued
a permit to install a new, or modify an existing,
solid waste
transfer facility under that chapter shall pay a fee
of two
thousand five hundred dollars. A person issued a permit
to
install a new or to modify an existing solid waste
incineration or
composting facility, or an existing infectious
waste treatment
facility using incineration as its principal
method of treatment,
under that chapter shall pay a fee of one
thousand dollars. The
increases in the permit fees under this
division resulting from
the amendments made by Amended Substitute
House Bill 592 of the
117th general assembly do not apply to any
person who submitted an
application for a permit to install a
new, or modify an existing,
solid waste disposal facility under
that chapter prior to
September 1, 1987; any such person shall
pay the permit fee
established in this division as it existed
prior to June 24, 1988.
In addition to the applicable permit fee
under this division, a
person issued a permit to install or
modify a solid waste facility
or an infectious waste treatment
facility under that chapter who
fails to pay the permit fee to
the director in compliance with
division (V) of this section
shall pay an additional ten per cent
of the amount of the fee for
each week that the permit fee is
late.
Permit and late payment fees paid to the director under
this
division shall be credited to the general revenue fund.
(R)(1) A person issued a registration certificate for a
scrap tire collection facility under section 3734.75 of the
Revised Code shall pay a fee of two hundred dollars, except that
if the facility is owned or operated by a motor vehicle salvage
dealer licensed under Chapter 4738. of the Revised Code, the
person shall pay a fee of twenty-five dollars.
(2) A person issued a registration certificate for a new
scrap tire storage facility under section 3734.76 of the Revised
Code shall pay a fee of three hundred dollars, except that if the
facility is owned or operated by a motor vehicle salvage dealer
licensed under Chapter 4738. of the Revised Code, the person
shall
pay a fee of twenty-five dollars.
(3) A person issued a permit for a scrap tire storage
facility under section 3734.76 of the Revised Code shall pay a
fee
of one thousand dollars, except that if the facility is owned
or
operated by a motor vehicle salvage dealer licensed under
Chapter
4738. of the Revised Code, the person shall pay a fee of
fifty
dollars.
(4) A person issued a permit for a scrap tire monocell or
monofill facility under section 3734.77 of the Revised Code shall
pay a fee of ten dollars per thousand cubic yards of disposal
capacity or one thousand dollars, whichever is greater, except
that the total fee for any such permit shall not exceed eighty
thousand dollars.
(5) A person issued a registration certificate for a scrap
tire recovery facility under section 3734.78 of the Revised Code
shall pay a fee of one hundred dollars.
(6) A person issued a permit for a scrap tire recovery
facility under section 3734.78 of the Revised Code shall pay a
fee
of one thousand dollars.
(7) In addition to the applicable registration certificate
or permit fee under divisions (R)(1) to (6) of this section, a
person issued a registration certificate or permit for any such
scrap tire facility who fails to pay the registration certificate
or permit fee to the director in compliance with division (V) of
this section shall pay an additional ten per cent of the amount
of
the fee for each week that the fee is late.
(8) The registration certificate, permit, and late payment
fees paid to the director under divisions (R)(1) to (7) of this
section shall be credited to the scrap tire management fund
created in section 3734.82 of the Revised Code.
(S)(1) Except as provided by divisions (L), (M), (N), (O),
(P), and (S)(2) of this section, division (A)(2) of section
3734.05 of the Revised Code, section 3734.79 of the Revised Code,
and rules adopted under division (T)(1) of this section, any
person applying for a registration certificate under section
3734.75, 3734.76, or 3734.78 of the Revised Code or a permit,
variance, or plan approval under Chapter 3734. of the Revised
Code
shall pay a nonrefundable fee of fifteen dollars at the time
the
application is submitted.
Except as otherwise provided, any person applying for a
permit, variance, or plan approval under Chapter 6109. or 6111.
of
the Revised Code shall pay a nonrefundable fee of one hundred
dollars at the time the application is submitted through June 30,
2004 2006, and a nonrefundable fee of fifteen dollars at the
time
the
application is submitted on and after July 1,
2004 2006.
Through June
30,
2004 2006, any person
applying for a national
pollutant
discharge
elimination system permit
under Chapter 6111.
of the Revised Code
shall pay a
nonrefundable fee of two hundred
dollars at the time
of application for
the permit. On and after
July 1,
2004 2006,
such a
person shall pay a nonrefundable fee of
fifteen dollars at the
time of application.
In addition to the application fee established under division
(S)(1) of this section, any person applying for a national
pollutant discharge elimination system general storm water
construction permit shall pay a nonrefundable fee of twenty
dollars per acre for each acre that is permitted above five acres
at the time the application is submitted. However, the per
acreage fee shall not exceed three hundred dollars. In addition,
any person applying for a national pollutant discharge elimination
system general storm water industrial permit shall pay a
nonrefundable fee of one hundred fifty dollars at the time the
application is submitted.
The director shall transmit all moneys collected under
division (S)(1) of this
section pursuant to Chapter 6109. of the
Revised Code to the
treasurer of state for deposit into the
drinking water protection
fund created in section 6109.30 of the
Revised Code.
The director shall transmit all moneys collected under
division (S)(1) of this
section pursuant to Chapter 6111. of the
Revised Code to the
treasurer of state for deposit into the
surface water protection
fund created in section 6111.038 of the
Revised Code.
If a registration certificate is issued under section
3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of
the application fee paid shall be deducted from the amount of the
registration certificate fee due under division (R)(1), (2), or
(5) of this section, as applicable.
If a person submits an electronic application for a registration certificate, permit, variance, or plan approval for which an application fee is established under division (S)(1) of this section, the person shall pay the applicable application fee as expeditiously as possible after the submission of the electronic application. An application for a registration certificate, permit, variance, or plan approval for which an application fee is established under division (S)(1) of this section shall not be reviewed or processed until the applicable application fee, and any other fees established under this division, are paid.
(2) Division (S)(1) of this section does not apply to an
application for a registration certificate for a scrap tire
collection or storage facility submitted under section 3734.75 or
3734.76 of the Revised Code, as applicable, if the owner or
operator of the facility or proposed facility is a motor vehicle
salvage dealer licensed under Chapter 4738. of the Revised Code.
(T) The director may adopt, amend, and rescind rules in
accordance with Chapter 119. of the Revised Code that do all of
the following:
(1) Prescribe fees to be paid by applicants for and
holders
of any license, permit, variance, plan approval, or
certification
required or authorized by Chapter 3704., 3734.,
6109., or 6111. of
the Revised Code that are not specifically
established in this
section. The fees shall be designed to
defray the cost of
processing, issuing, revoking, modifying,
denying, and enforcing
the licenses, permits, variances, plan
approvals, and
certifications.
The director shall transmit all moneys collected under
rules
adopted under division (T)(1) of this section pursuant to
Chapter
6109. of the Revised Code to the treasurer of state for
deposit
into the drinking water protection fund created in
section 6109.30
of the Revised Code.
The director shall transmit all moneys collected under
rules
adopted under division (T)(1) of this section pursuant to
Chapter
6111. of the Revised Code to the treasurer of state for
deposit
into the surface water protection fund created in section
6111.038
of the Revised Code.
(2) Exempt the state and political subdivisions thereof,
including education facilities or medical facilities owned by the
state or a political subdivision, or any person exempted from
taxation by section 5709.07 or 5709.12 of the Revised Code, from
any fee required by this section;
(3) Provide for the waiver of any fee, or any part
thereof,
otherwise required by this section whenever the director
determines that the imposition of the fee would constitute an
unreasonable cost of doing business for any applicant, class of
applicants, or other person subject to the fee;
(4) Prescribe measures that the director considers
necessary
to carry out this section.
(U) When the director reasonably demonstrates that the
direct cost to the state associated with the issuance of a permit
to install, license, variance, plan approval, or certification
exceeds the fee for the issuance or review specified by this
section, the director may condition the issuance or review on the
payment by the person receiving the issuance or review of, in
addition to the fee specified by this section, the amount, or any
portion thereof, in excess of the fee specified under this
section. The director shall not so condition issuances for which
fees are prescribed in divisions (B)(7) and (L)(1)(b) of this
section.
(V) Except as provided in divisions (L), (M), and (P) of
this section or unless otherwise prescribed by a rule of the
director adopted pursuant to Chapter 119. of the Revised Code,
all
fees required by this section are payable within thirty days
after
the issuance of an invoice for the fee by the director or
the
effective date of the issuance of the license, permit,
variance,
plan approval, or certification. If payment is late,
the person
responsible for payment of the fee shall pay an
additional ten per
cent of the amount due for each month that it
is late.
(W) As used in this section,
"fuel-burning equipment,"
"fuel-burning equipment input capacity,"
"incinerator,"
"incinerator input capacity,"
"process,"
"process weight rate,"
"storage tank,"
"gasoline dispensing facility,"
"dry cleaning
facility,"
"design flow discharge," and
"new source treatment
works" have the meanings ascribed to those terms by applicable
rules or standards adopted by the director under Chapter 3704. or
6111. of the Revised Code.
(X) As used in divisions (B), (C), (D), (E), (F), (H),
(I),
and (J) of this section, and in any other provision of this
section pertaining to fees paid pursuant to Chapter 3704. of the
Revised Code:
(1)
"Facility,"
"federal Clean Air Act,"
"person,"
and
"Title
V permit" have the same meanings as in section 3704.01
of
the
Revised Code.
(2)
"Title V permit program" means the following
activities
as necessary to meet the requirements of Title V of
the federal
Clean Air Act and 40 C.F.R. part 70, including at
least:
(a) Preparing and adopting, if applicable, generally
applicable rules or guidance regarding the permit program or its
implementation or enforcement;
(b) Reviewing and acting on any application for a Title V
permit, permit revision, or permit renewal, including the
development of an applicable requirement as part of the
processing
of a permit, permit revision, or permit renewal;
(c) Administering the permit program, including the
supporting and tracking of permit applications, compliance
certification, and related data entry;
(d) Determining which sources are subject to the program
and
implementing and enforcing the terms of any Title V permit,
not
including any court actions or other formal enforcement
actions;
(e) Emission and ambient monitoring;
(f) Modeling, analyses, or demonstrations;
(g) Preparing inventories and tracking emissions;
(h) Providing direct and indirect support to small
business
stationary sources to determine and meet their
obligations under
the federal Clean Air Act pursuant to the small
business
stationary source technical and environmental compliance
assistance program required by section 507 of that act and
established in sections 3704.18, 3704.19, and 3706.19 of the
Revised Code.
(Y)(1) Except as provided in divisions
(Y)(2),
(3), and
(4)
of this section, each
sewage sludge facility shall pay a
nonrefundable annual sludge
fee equal to three dollars and fifty
cents per dry ton of sewage
sludge, including the dry tons of
sewage sludge in materials derived from
sewage sludge, that the
sewage sludge facility treats or disposes of in
this state. The
annual volume of sewage sludge treated or
disposed of by a sewage
sludge facility shall be calculated
using the first day of January
through the thirty-first day of
December of the calendar year
preceding the date on which payment of the fee is due.
(2)(a) Except as provided in division
(Y)(2)(d) of this
section, each sewage sludge facility
shall pay a minimum annual
sewage sludge fee of one hundred dollars.
(b) The annual sludge fee required to
be paid by a sewage
sludge facility that treats or disposes of
exceptional quality
sludge in this state shall be thirty-five
per cent less per dry
ton of exceptional quality sludge than the
fee assessed under
division
(Y)(1) of this section, subject
to the following
exceptions:
(i) Except as provided in division
(Y)(2)(d) of this
section, a sewage sludge facility that
treats or disposes of
exceptional quality
sludge shall pay a minimum annual sewage
sludge fee of one hundred
dollars.
(ii) A sewage sludge facility that
treats or disposes of
exceptional quality sludge shall not be
required to pay the annual
sludge fee for treatment or disposal
in this state of exceptional
quality sludge generated outside of
this state and contained in
bags or other containers not greater
than one hundred pounds in
capacity.
A thirty-five per cent reduction for exceptional quality
sludge applies to
the
maximum annual fees established under
division (Y)(3) of this
section.
(c) A sewage sludge facility that
transfers sewage sludge
to
another sewage
sludge facility in this state for further treatment
prior to
disposal in this state shall not be required to pay the
annual
sludge fee for the tons of sewage sludge that have been
transferred. In such a case, the sewage
sludge facility that
disposes of the sewage sludge shall pay the
annual sludge fee.
However, the facility transferring the sewage sludge shall
pay the
one-hundred-dollar minimum fee required under division
(Y)(2)(a)
of this section.
In the case of a sewage sludge facility that treats sewage
sludge in this state and transfers it out of this state to
another
entity for disposal, the sewage sludge facility in this
state
shall be required to pay the annual sludge fee for the
tons of
sewage sludge that have been transferred.
(d) A sewage sludge facility that generates sewage sludge
resulting from an average daily discharge flow of less than five
thousand
gallons per day
is not subject to the fees
assessed under
division (Y) of this section.
(3) No sewage sludge facility required to pay the annual
sludge fee shall be required to pay more than the maximum annual
fee for each disposal method that the sewage sludge facility
uses.
The maximum annual fee does not include the additional
amount that
may be charged under division
(Y)(5) of this section for late
payment of the annual sludge fee. The maximum annual fee for
the
following methods of disposal of sewage sludge is as
follows:
(a) Incineration: five thousand
dollars;
(b) Preexisting land reclamation project or disposal in a
landfill: five
thousand dollars;
(c) Land application, land
reclamation, surface disposal, or
any other disposal method not
specified in division
(Y)(3)(a)
or
(b) of this section: twenty thousand
dollars.
(4)(a) In the case of an entity that
generates sewage sludge
or a sewage sludge facility that treats
sewage sludge and
transfers the sewage sludge to an incineration
facility for
disposal, the incineration facility, and not the
entity generating
the sewage sludge or the sewage sludge
facility treating the
sewage sludge, shall pay the annual sludge
fee for the tons of
sewage sludge that are transferred. However, the entity
or
facility generating or treating the sewage sludge shall pay the
one-hundred-dollar minimum fee required under division
(Y)(2)(a)
of this section.
(b) In the case of an entity that
generates sewage sludge
and transfers the sewage sludge to a landfill for
disposal or to a
sewage sludge facility for land reclamation or surface
disposal,
the entity generating the sewage sludge,
and not the
landfill or
sewage sludge facility, shall pay the annual sludge fee for the
tons of sewage
sludge that are transferred.
(5) Not later than the first day of April
of the calendar
year following
March
17,
2000, and each first day of
April
thereafter, the director shall
issue invoices to persons who are
required to pay the annual
sludge fee. The invoice shall
identify
the nature and amount of
the annual sludge fee assessed
and state
the first day of May as
the deadline
for receipt by the director
of objections regarding
the amount of the fee and
the first day of
July as the deadline
for payment of
the fee.
Not later than the first day of May
following receipt of an
invoice, a person required to pay the
annual sludge fee may submit
objections to the director
concerning the accuracy of information
regarding the number of
dry tons of sewage sludge used to
calculate the amount of the
annual sludge fee or regarding whether
the sewage sludge
qualifies for the exceptional quality sludge
discount established in
division
(Y)(2)(b)
of this section. The
director may consider the objections and
adjust the amount of the
fee to ensure that it is accurate.
If the director does not adjust the amount of the annual
sludge fee in response to a person's objections, the person may
appeal the director's determination in accordance with
Chapter
119. of the
Revised
Code.
Not later than the first day of June,
the director shall
notify the objecting person regarding whether
the director has
found the objections to be valid and the
reasons for the finding.
If the director finds the objections
to be valid and adjusts the
amount of the annual sludge fee
accordingly, the director shall
issue with the notification a
new invoice to the person
identifying the amount of the annual
sludge fee assessed and
stating the
first day of July as the deadline for
payment.
Not later than the first day of July,
any person who is
required to do so shall pay the annual sludge fee.
Any person who
is required to pay the fee, but who fails to
do so on or before
that date shall pay an additional amount that
equals ten per cent
of the required annual sludge fee.
(6) The director shall transmit all moneys collected
under
division (Y) of this
section to the treasurer of state for deposit
into the surface
water protection fund created in section 6111.038
of the
Revised
Code. The moneys shall be used
to defray the costs
of administering and enforcing provisions in
Chapter 6111. of the
Revised
Code and rules adopted under it
that govern the use,
storage, treatment, or disposal of sewage
sludge.
(7) Beginning in fiscal year 2001, and every two years
thereafter, the
director shall review the total amount of moneys
generated by the annual
sludge
fees to determine if that amount
exceeded six hundred thousand dollars in
either
of the two
preceding fiscal years. If the total amount of moneys in the fund
exceeded six hundred thousand dollars in either fiscal year, the
director,
after review of the fee structure and consultation with
affected persons,
shall
issue an order reducing the amount of the
fees levied under division
(Y) of this section so that the
estimated amount of moneys resulting
from the fees will not exceed
six hundred thousand dollars in any fiscal year.
If, upon review of the fees under division (Y)(7) of this
section
and after the fees have been reduced, the director
determines that the total
amount of moneys collected and
accumulated is less than six hundred thousand
dollars, the
director, after review of the fee structure and consultation with
affected persons, may issue an order increasing the amount of the
fees levied
under division (Y) of this section so that the
estimated amount of
moneys resulting from the fees will be
approximately six hundred thousand
dollars. Fees shall never be
increased to an amount exceeding the amount
specified in division
(Y)(7) of this section.
Notwithstanding section 119.06 of the Revised Code, the
director may issue an order under
division (Y)(7) of this section
without the necessity to hold an
adjudicatory hearing in
connection with the order. The issuance of an order
under this
division is not an act or action for purposes of section 3745.04
of the Revised Code.
(8) As used in division
(Y) of this section:
(a)
"Sewage sludge facility" means an
entity that performs
treatment on or is responsible for the
disposal of sewage sludge.
(b)
"Sewage sludge" means a solid,
semi-solid, or liquid
residue generated during the treatment of
domestic sewage in a
treatment works as defined in section
6111.01 of the Revised
Code.
"Sewage sludge"
includes, but is not limited to, scum or solids
removed in
primary, secondary, or advanced wastewater treatment
processes.
"Sewage sludge" does
not include ash generated during
the firing of sewage sludge in
a sewage sludge incinerator, grit
and screenings generated
during preliminary treatment of domestic
sewage in a treatment
works, animal manure, residue generated
during treatment of animal
manure, or domestic septage.
(c)
"Exceptional quality sludge"
means sewage sludge that
meets all of the following
qualifications:
(i) Satisfies the class
A pathogen standards in 40
C.F.R.
503.32(a);
(ii) Satisfies one of the vector
attraction reduction
requirements in 40
C.F.R.
503.33(b)(1) to
(b)(8);
(iii) Does not exceed the ceiling
concentration limitations
for metals listed in table one of 40
C.F.R.
503.13;
(iv) Does not exceed the
concentration limitations for
metals listed in table three of 40
C.F.R.
503.13.
(d)
"Treatment" means the preparation
of sewage sludge for
final use or disposal and includes, but is
not limited to,
thickening, stabilization, and dewatering of
sewage sludge.
(e)
"Disposal" means the final use of
sewage sludge,
including, but not limited to, land application,
land reclamation,
surface disposal, or disposal in a landfill or
an incinerator.
(f)
"Land application" means the
spraying or spreading of
sewage sludge onto the land surface,
the injection of sewage
sludge below the land surface, or the
incorporation of sewage
sludge into the soil for the purposes of
conditioning the soil or
fertilizing crops or vegetation grown
in the soil.
(g)
"Land reclamation" means the
returning of disturbed land
to productive use.
(h)
"Surface disposal" means the
placement of sludge on an
area of land for disposal,
including, but not limited to,
monofills, surface impoundments,
lagoons, waste piles, or
dedicated disposal sites.
(i)
"Incinerator" means an entity
that disposes of sewage
sludge through the combustion of organic
matter and inorganic
matter in sewage sludge by high
temperatures in an enclosed
device.
(j)
"Incineration facility" includes
all incinerators owned
or operated by the same entity and
located on a contiguous tract
of land. Areas of land are
considered to be contiguous even if
they are separated by a
public road or highway.
(k)
"Annual sludge fee" means the fee
assessed under
division
(Y)(1)
of this section.
(l)
"Landfill" means a sanitary landfill facility, as
defined
in
rules adopted under section 3734.02 of the Revised
Code,
that
is
licensed under section 3734.05 of the Revised Code.
(m)
"Preexisting land reclamation project" means a
property-specific land reclamation project that has been in
continuous
operation for not less than five years
pursuant to
approval of the activity by the director and includes
the
implementation of a community outreach program concerning the
activity.
Sec. 3745.14. (A) As used in this section:
(1) "Compliance review" means the review of an application
for a permit, renewal of a permit, or plan approval, or
modification thereof, for an existing or proposed facility,
source, or activity and the accompanying engineering plans,
specifications, and materials and information that are submitted
under Chapter 3704., 3734., 6109., or 6111. of the Revised Code
and rules adopted under them for compliance with performance
standards under the applicable chapter and rules adopted under
it. "Compliance review" does not include the review of an
application for a hazardous waste facility installation and
operation permit or the renewal or modification of
such a permit, a permit to establish or modify an infectious
waste treatment facility, a permit to install a solid waste
incineration facility that also would treat infectious wastes, or
a permit to modify a solid waste incineration facility to also
treat infectious wastes under Chapter 3734. of the Revised Code.
(2) "Engineer" includes both of the following:
(a) A professional engineer registered under Chapter 4733.
of the Revised Code;
(b) A firm, partnership, association, or corporation
providing engineering services in this state in compliance with
Chapter 4733. of the Revised Code.
(B) The director of environmental protection, in
accordance with Chapter 119. of the Revised Code, shall adopt,
and may amend and rescind, rules establishing a program for the
certification of engineers to conduct compliance reviews. The
rules, at a minimum, shall do all of the following:
(1) Require that the program be administered by the
director;
(2) Establish eligibility criteria for certification to
conduct compliance reviews;
(3) Establish criteria for denying, suspending, and
revoking certifications and renewals of certifications issued
pursuant to rules adopted under division (B) of this section;
(4) Require the periodic renewal of certifications issued
pursuant to rules adopted under division (B) of this section;
(5) Establish an application fee and fee for issuance for
certifications under this section. The fees shall be established
at a level calculated to defray the costs to the environmental
protection agency for administering the certification program
established by rules adopted under division (B) of this section.
All such application and certification fees received by the
director shall be deposited into the state treasury to the credit
of the permit review fund created in division (E) of this
section.
(C) The director shall maintain a current list of all
engineers who are certified to conduct compliance reviews
pursuant to rules adopted under this section. The list shall
indicate the types of permits, permit renewals, and plan
approvals that each engineer is certified to review and the types
or categories of facilities, sources, or activities in connection
with which the engineer is certified to conduct the reviews.
Upon request, the director shall provide a copy of the list to
anyone requesting it.
(D) An applicant for a permit, renewal of a permit, plan
approval, or modification thereof, under Chapter 3704., 3734.,
6109., or 6111. of the Revised Code and applicable rules adopted
under them, other than a hazardous waste facility installation
and operation permit or renewal or modification of
such a permit, a permit to establish or modify an infectious
waste treatment facility, a permit to install a solid waste
incineration facility that also would treat infectious wastes, or
a permit to modify a solid waste incineration facility to also
treat infectious wastes under Chapter 3734. of the Revised Code,
may submit a written request to the director to have the
compliance review conducted by an engineer certified under this
section. The request shall accompany the permit application,
shall indicate the applicant's choice from among the certified
engineers on the director's list who are qualified to conduct the
compliance review, shall be accompanied by separate
certifications by the applicant and the engineer indicating that
the applicant does not have and has not had during the preceding
two years a financial interest in the engineer and has not
employed or retained the engineer to perform services for the
applicant during the preceding two years, and may be accompanied
by a draft proposal for conducting the compliance review that was
developed by the applicant and the engineer. No such draft
proposal is binding upon the director.
Within seven days after receiving a request under this
division, the director shall do all of the following, as
appropriate:
(1) In the director's discretion, approve or disapprove the
applicant's request to have the compliance review of the
application conducted by an engineer on the list of certified
engineers prepared under this section;
(2) If the director approves the conducting of the
compliance review
by such a certified engineer, approve or disapprove, in the
director's
discretion, the applicant's choice of the engineer;
(3) Mail written notice of decisions made under divisions
(D)(1) and (2) of this section to the applicant.
If the director fails to mail notice of the director's
decisions on
the request to the applicant within seven days after receiving
the request, it is conclusively presumed that the director
approved the applicant's request to have the compliance review
conducted by a certified engineer and the applicant's choice of
the engineer, and the director shall enter into a contract with
the engineer chosen by the applicant. If the director
disapproves the applicant's choice of an engineer and provides
timely notice of the disapproval to the applicant, the director
and applicant, by mutual agreement, shall select another engineer
from the list prepared under this section to conduct the
compliance review, and the director shall enter into a contract
with that engineer.
(E) The director may enter into contracts for conducting
performance reviews under division (D) of this section without
advertising for bids. The commencement of any work under such a
contract shall be contingent upon the director's receipt of
payment from the applicant of an amount that is equal to one
hundred ten per cent of the amount specified in the contract,
excluding contingencies for any additional work that may be
needed to properly complete the review and that was not
anticipated when the contract was made. Moneys received by the
director from an applicant shall be deposited into the permit
review fund, which is hereby created in the state treasury. The
director shall use moneys in the fund to pay the cost of
compliance reviews conducted pursuant to contracts entered into
under division (D) of this section and to administer the
certification program established under division (B) of this
section. The director may use any moneys in the fund not needed
for those purposes to administer the environmental laws or
programs of this state.
If, while conducting a compliance review, the engineer
finds that work in addition to that upon which the cost under the
contract was based, or any additional work previously authorized
under this division, is needed to properly review the application
and accompanying information for compliance with the applicable
performance standards, the engineer shall notify the director of
that fact and of the cost of the additional work, as determined
pursuant to the terms of the contract. If the director finds
that the additional work is needed and that the costs of
performing the work have been determined in accordance with the
terms of the contract, the director shall authorize the
contractor to
perform the work. Upon completion of the additional work, the
contractor shall submit to the director an invoice for the cost
of performing the additional work, and the director shall forward
a copy of the invoice to the applicant. The applicant is liable
to the state for an amount equal to one hundred ten per cent of
the cost of performing the additional work and, within thirty
days after receiving a copy of the invoice, shall pay to the
director an amount equal to one hundred ten per cent of the
amount indicated on the invoice. Upon receiving this payment,
the director shall forward the moneys to the treasurer of state,
who shall deposit them into the state treasury to the credit of
the permit review fund.
Until the applicant pays to the director the amount due in
connection with the additional work, the director shall not issue
to the applicant any permit, renewal of a permit, or plan
approval, or modification thereof, for which an application is
pending before the director. The director also may certify the
unpaid amount to the attorney general and request that the
attorney general bring a civil action against the applicant to
recover that amount. Any moneys so recovered shall be deposited
into the state treasury to the credit of the permit review fund.
(F) Upon completing a compliance review conducted under
this section, the engineer shall make a certification to the
director as to whether the existing or proposed facility, source,
activity, or modification will comply with the applicable
performance standards. If the certification indicates that the
existing or proposed facility, source, activity, or modification
will not comply, the engineer shall include in the certification
the engineer's findings as to the causes of the
noncompliance.
(G) When a compliance review is conducted by an engineer
certified under this section, the other activities in connection
with the consideration, approval, and issuance of the permit,
renewal of the permit, or plan approval, or modification thereof,
shall be conducted by the director or, when applicable, the
hazardous waste facility board established in section 3734.05 of
the Revised Code, in accordance with the applicable provisions of
Chapter 3704., 3734., 6109., or 6111. of the Revised Code and
rules adopted under the applicable chapter.
(H) All expenses incurred by the attorney general in
bringing a civil action under this section shall be reimbursed
from the permit review fund in accordance with Chapter 109. of
the Revised Code.
Sec. 3745.40. (A) There is hereby created the clean Ohio
operating fund consisting of moneys credited to the fund in
accordance with this section. The fund shall be used to pay the
costs incurred by the director of environmental protection
pursuant to sections 122.65 to 122.658 of the Revised Code.
Investment earnings of the fund shall be credited to the fund.
For
two years after
the effective date of this section,
investment earnings credited to the fund and may be used to pay
administrative
costs incurred by the director pursuant to those
sections.
(B) Notwithstanding section 3746.16 of the Revised Code,
upon the request of the director of environmental protection, the
director of development shall certify to the director of budget
and management the amount of excess investment earnings that are
available to be transferred from the clean Ohio revitalization
fund created in section 122.658 of the Revised Code to the clean
Ohio operating fund. Upon certification, the director of budget
and management may transfer from the clean Ohio revitalization
fund to the clean Ohio operating fund an amount not exceeding the
amount of the annual appropriation to the clean Ohio operating
fund.
Sec. 3746.02. (A) Nothing in this chapter applies to any
of the following:
(1) Property for which a voluntary action under this
chapter is precluded by federal law or regulations adopted under
federal law, including, without limitation, any of the following
federal laws or regulations adopted thereunder:
(a) The "Federal Water Pollution Control Act Amendments of
1972," 86 Stat. 886, 33 U.S.C.A. 1251, as amended;
(b) The "Resource Conservation and Recovery Act of 1976,"
90 Stat. 2806, 42 U.S.C.A. 6921, as amended;
(c) The "Toxic Substances Control Act," 90 Stat. 2003
(1976), 15 U.S.C.A. 2601, as amended;
(d) The "Comprehensive Environmental Response,
Compensation, and Liability Act of 1980," 94 Stat. 2779, 42
U.S.C.A. 9601, as amended;
(e) The "Safe Drinking Water Act," 88 Stat. 1661 (1974),
42 U.S.C.A. 300(f), as amended.
(2) Those portions of property where closure of a
hazardous waste facility or solid waste facility is required
under Chapter 3734. of the Revised Code or rules adopted under
it;
(3) Property or properties regardless of ownership that
are subject to remediation rules adopted under the authority of
the division of fire marshal in the department of commerce,
including public safety or under the authority of the superintendent of industrial compliance under remediation rules adopted under sections 3737.88,
3737.882, and 3737.889 of the Revised Code;
(4) Property that is subject to Chapter 1509. of the
Revised Code;
(5) Any other property if the director of environmental
protection has issued a letter notifying the owner or operator of
the property that he the director will issue an enforcement
order under Chapter 3704., 3734., or 6111. of the Revised Code, a release or
threatened release of a hazardous substance or petroleum from or
at the property poses a substantial threat to public health or
safety or the environment, and the person subject to the order
does not present sufficient evidence to the director that he the
person has entered into the voluntary action program under this chapter
and
is proceeding expeditiously to address that threat. For the
purposes of this division, the evidence constituting sufficient
evidence of entry into the voluntary action program under this
chapter shall be defined by the director by rules adopted under
section 3746.04 of the Revised Code. Until such time as the
director has adopted those rules, the director, at a minimum,
shall consider the existence of a contract with a certified
professional to appropriately respond to the threat named in the
director's letter informing the person of his the director's
intent to issue an
enforcement order and the availability of financial resources to
complete the contract to be sufficient evidence of entry into the
program.
(B) The application of any provision of division (A) of
this section to a portion of property does not preclude
participation in the voluntary action program under this chapter
in connection with other portions of the property where those
provisions do not apply.
(C) As used in this section, "property" means any parcel
of real property, or portion thereof, and any improvements
thereto.
Sec. 3746.13. (A) For property that does not involve the
issuance of a consolidated standards permit under section 3746.15
of the Revised Code and where no engineering or institutional
controls are used to comply with applicable standards, the
director of environmental protection shall issue a covenant not
to
sue pursuant to section 3746.12 of the Revised Code by
issuance of
an order as a final action under Chapter 3745. of the
Revised Code
within thirty days after the director receives the
no further
action letter for the property and accompanying
verification from
the certified professional who prepared the
letter under section
3746.11 of the Revised Code.
(B) For property that involves the issuance of a
consolidated standards permit under section 3746.15 of the
Revised
Code or where engineering or institutional controls are
used to
comply with applicable standards, the director shall
issue a
covenant not to sue by issuance of an order as a final
action
under Chapter 3745. of the Revised Code within ninety days
after
the director receives the no further action letter for the
property and accompanying verification from the certified
professional who prepared the letter.
(C)
Except as provided in division (D) of this section,
each
person who is issued a covenant not to sue under
this section
shall pay the fee established pursuant to rules
adopted under
division (B)(8) of section 3746.04 of the Revised
Code. Until
those rules become effective, each person who is
issued a covenant
not to sue shall pay a fee of two thousand
dollars. The fee shall
be paid to the director at the time that
the no further action
letter and accompanying verification are
submitted to
the
director.
(D) An applicant, as defined in section 122.65 of the Revised
Code, who has entered into an agreement under section 122.653 of
the Revised Code and who is issued a covenant not to sue under
this section shall not be required to pay the fee for the issuance of a covenant not to sue established in
rules adopted under division (B)(8) of section 3746.04 of the
Revised Code.
Sec. 3747.16. (A) As provided in division
(A)(17) of section 3747.06 of the Revised
Code, the staff of the board of directors of the
Ohio low-level radioactive waste facility development
authority shall negotiate with the legislative authority of the
host community for the purpose of developing a compensation
agreement. The agreement shall include compensation for all of
the following:
(1) Replacement of lost tax revenue due to public
ownership of any property based on the amount of tax revenue that
would have been received if the property had not been acquired by
the authority on behalf of the state for use as a disposal site;
(2) Improvements in the public infrastructure necessary
to support development and operation of the facility;
(3) The hiring of employees to address the increased
administrative workload resulting from siting the facility in the
host community and to establish a local public information
program;
(4) Enhanced emergency response capability, including,
without limitation, personnel and equipment;
(5) The hiring of an independent, qualified inspector to be located at the
facility during the period of construction and operation, with continuing
responsibility to monitor all activities associated with closure,
institutional control, and long-term care;
(6) Compensation for additional direct impacts not
identified in divisions (A)(1) to (5) of this section
that may result from siting the facility in the host community.
Following the negotiations, the board shall approve,
approve with modifications requested by the board, or disapprove
the agreement in accordance with division (A)(17) of
section 3747.06 of the Revised Code. If the
staff of the board and the legislative authority of the host
community fail to agree on a compensation agreement, the board
shall submit the matter for resolution to the Ohio
commission on dispute resolution and conflict management created
in Chapter 179. of the Revised Code.
(B)(1) In addition to entering into an agreement
with the board for compensation for direct impacts, the host
community may negotiate a benefits agreement with the staff of the
board. In accordance with
division (A)(17) of section 3747.06 of the
Revised Code, the board shall
approve, approve with modifications requested by the board, or
disapprove any such agreement.
(2) The legislative authority of the host community may request the board
to establish epidemiological health studies in the host community in
accordance with division (A)(18) of section 3747.06 of the Revised Code.
(C) An affected community may petition the
board for compensation for direct impacts on that community. The
staff of the board shall negotiate any such agreement, and the
board shall approve, approve with modifications requested by the
board, or disapprove the agreement in accordance with division
(A)(17) of section 3747.06 of the Revised
Code.
(D) At any time after final determination of licensure of the facility and
until the expiration of the first five years that
the facility is in operation, a property owner within the host
community or an affected community who is selling or attempting to sell the
property owner's property and who can demonstrate to the
board that the property has been devalued as a direct result of
the siting of the facility in the host community may petition the
board for compensation or for the purchase of the property in accordance with
rules adopted under division (A)(13) of section 3747.07 of the Revised Code.
Sec. 3748.07. (A) Every facility that proposes to
handle radioactive material or radiation-generating equipment for which
licensure or registration, respectively, by its
handler is required shall apply in writing to the director of health on
forms prescribed and provided by the director for licensure or
registration. Terms and conditions of licenses and certificates
of registration may be amended in accordance with rules adopted under section
3748.04 of the Revised Code or orders issued by the director
pursuant to section 3748.05 of the Revised Code.
(B) Until rules are adopted under section 3748.04 of the
Revised Code, an application for a certificate of
registration shall be accompanied by a biennial registration fee of one two
hundred sixty dollars. On and after the effective date
of those rules, an applicant for a license, registration certificate, or
renewal of either shall pay the appropriate fee established in those rules.
All fees collected under this section shall be deposited in
the state treasury to the credit of the general operations fund
created in section 3701.83 of the Revised Code. The fees
shall be used solely to administer and enforce this chapter and rules adopted
under it.
Any fee required under this section that has not been paid within ninety
days after the invoice date shall be assessed at two times the original
invoiced fee. Any fee that has not been paid within one hundred eighty days
after
the invoice date shall be assessed at five times the original invoiced
fee.
(C) The director shall grant a license or registration to any
applicant who has paid the required fee and is in compliance with this
chapter and
rules adopted under it.
Until rules are adopted under section 3748.04 of the
Revised Code, certificates of registration shall be
effective for two years from the
date of issuance. On and after the effective date of
those rules, licenses and certificates of registration shall be effective for
the applicable period established in those rules. Licenses and certificates
of registration shall be renewed in accordance with the
standard renewal procedure established in Chapter 4745. of the
Revised Code.
Sec. 3748.13. (A) The director of health shall inspect sources of
radiation for which licensure or registration by the handler is
required, and the sources'
shielding and surroundings, according to the schedule established in
rules adopted under division (D) of section
3748.04 of the Revised Code. In accordance with rules
adopted under that section, the director shall inspect all
records and
operating procedures of handlers that install sources of
radiation and all sources of
radiation for which licensure of radioactive material or
registration of radiation-generating equipment by the
handler is required. The director may make other
inspections upon receiving complaints or other evidence of violation of this
chapter or rules adopted under it.
The director shall require any hospital
registered under division (A) of
section 3701.07 of the Revised Code to develop and maintain a
quality assurance program for all sources of radiation-generating equipment.
A certified radiation expert shall conduct oversight and maintenance of the
program and shall file a report of audits of the program with the director on
forms prescribed by the director. The audit reports shall become
part of the inspection record.
(B) Until rules are adopted under division (A)(8) of
section 3748.04 of the Revised Code, a
facility shall pay inspection fees according to the
following schedule and categories:
|
First dental x-ray tube |
|
$ 94.00 118.00 |
|
Each additional dental x-ray tube at the same location |
|
$ 47.00 59.00 |
|
First medical x-ray tube |
|
$187.00 235.00 |
|
Each additional medical x-ray tube at the same location |
|
$ 94.00 125.00 |
|
Each unit of ionizing radiation-generating equipment capable of
operating at or above 250 kilovoltage peak |
|
$373.00 466.00 |
|
First nonionizing radiation-generating equipment of any kind |
|
$187.00 235.00 |
|
Each additional nonionizing radiation-generating
equipment of any kind at the same location |
|
$ 94.00 125.00 |
|
Assembler-maintainer inspection consisting of an inspection of records
and operating procedures of handlers that install sources of radiation |
|
$233.00 291.00 |
Until rules are adopted under division (A)(8) of section
3748.04 of the Revised Code, the fee for an inspection to
determine whether violations
cited in a previous inspection have been corrected is fifty per
cent of the fee applicable under the schedule in this division.
Until those rules are adopted, the fee for the inspection of
a facility that is not licensed or registered
and for which no license or registration application is
pending at the time of inspection is two three hundred
ninety sixty-three dollars plus the fee applicable under the
schedule in this division.
The director may conduct a review of
shielding plans or the adequacy of shielding on the request of a
licensee or registrant or an applicant for licensure or
registration or during an inspection when the director
considers a review to be necessary. Until rules are adopted under
division (A)(8) of section 3748.04 of the Revised Code,
the fee for the review is four five hundred sixty-six eighty-three dollars for each
room where a source of radiation is used and is in addition to any other fee
applicable under the schedule in this division.
All fees shall be paid to the department of health no later than
thirty days after the invoice for the fee is mailed. Fees shall
be deposited in the general operations fund created in section
3701.83 of the Revised Code. The fees shall be used solely to administer
and enforce this chapter and rules adopted under it.
Any fee required under this section that has not been paid
within ninety days after the invoice date shall be assessed at two times the
original invoiced fee. Any fee that has not been paid within one hundred
eighty days after the invoice date shall be assessed at five times the
original invoiced fee.
(C) If the director determines that a board of
health of a city or general health district is qualified to
conduct inspections of radiation-generating equipment, the
director may delegate to the board, by contract, the
authority to conduct such inspections. In making a
determination of the qualifications of a board of health to conduct those
inspections, the director shall evaluate the credentials of the
individuals who are to conduct the inspections of
radiation-generating equipment and the radiation
detection and measuring equipment available to them for that
purpose. If a contract is entered into, the board shall have the
same authority to make inspections of radiation-generating equipment as
the director has under this chapter and rules adopted under it. The
contract shall stipulate that only individuals approved by the
director as qualified shall be permitted to inspect radiation-generating
equipment under the contract's provisions. The contract shall
provide for such compensation for services as is agreed to by the
director and the board of health of the contracting health
district. The director may reevaluate the credentials of the
inspection personnel and their radiation detecting and measuring
equipment as often as the director considers necessary and may terminate
any contract with the board of health of any health district
that, in the director's opinion, is not satisfactorily
performing the terms of the contract.
(D) The director may enter at all reasonable times upon any public
or private property to determine compliance with this chapter and rules
adopted under it.
Sec. 3769.087. (A) In addition to the commission of
eighteen
per cent retained by each permit holder as provided in
section
3769.08 of the Revised Code, each permit holder shall
retain an
additional amount equal to four per cent of the total of
all
moneys wagered on each racing day on all wagering pools other
than win, place, and show, of which amount retained an amount
equal to three per cent of the total of all moneys wagered on
each
racing day on
those pools shall be paid by check, draft, or
money
order to the tax commissioner, as a tax. Subject to the
restrictions
contained in divisions (B), (C), and (M) of
section
3769.08 of the Revised Code,
from such additional moneys paid to
the tax commissioner:
(1) Four-sixths shall be
allocated to fund
distribution as
provided in division (M) of
section 3769.08 of the
Revised Code.
(2) One-twelfth shall be paid into the Ohio fairs fund
created by section 3769.082 of the Revised Code.
(3) One-twelfth of the additional moneys paid to the tax
commissioner by thoroughbred racing permit holders shall be paid
into the Ohio thoroughbred race fund created by section 3769.083
of the Revised Code.
(4) One-twelfth of the additional moneys paid to the tax
commissioner by harness horse racing permit holders shall be paid
to the Ohio standardbred development fund created by section
3769.085 of the Revised Code.
(5) One-twelfth of the additional moneys paid to the tax
commissioner by quarter horse racing permit holders shall be paid
to the Ohio quarter horse development fund created by section
3769.086 of the Revised Code.
(6) One-sixth shall be paid into the state racing
commission
operating fund created by section 3769.03 of the
Revised Code.
The remaining one per cent that is retained of the total of
all moneys wagered on each racing day on all pools other than
win,
place, and show, shall be retained by racing permit holders,
and,
except as otherwise provided in section 3769.089
of the Revised
Code, racing permit holders shall use one-half for
purse money and
retain one-half.
(B) In addition to the commission of eighteen per cent
retained by each
permit holder as provided in section 3769.08 of
the Revised Code and the
additional amount retained by each permit
holder as provided in division (A)
of this section, each permit
holder
shall retain an additional amount equal to
one-half of
one per cent
of the
total of all moneys wagered on each
racing
day on
all wagering
pools
other than win, place, and show. From Except as provided in division (C) of this section, from
the additional amount retained under this division, each permit
holder shall retain an amount equal to one-quarter of one per cent
of the total of all moneys wagered on each racing day on all pools
other than win, place, and show and shall pay that amount by
check, draft, or money order to the tax commissioner, as a tax.
The tax commissioner shall pay the amount of the tax received
under this division to the state racing commission operating fund
created by section 3769.03 of the Revised Code.
The Except as provided in division (C) of this section, the remaining one-quarter of one per cent that is retained
from the total of all moneys wagered on each racing day on all
pools other than win, place, and show shall be retained by the
permit holder, and the permit holder shall use
one-half for purse
money and retain one-half.
(C) During the period commencing on July 1, 2003, and ending on and including June 30, 2005, the additional amount retained by each permit holder under division (B) of this section shall be paid by check, draft, or money order to the tax commissioner, as a tax. The tax commissioner shall pay the amount of the tax received under this division to the state racing commission operating fund created by section 3769.03 of the Revised Code.
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.
(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 five thousand 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 either the general division or the probate division of the
court of common pleas of the
county in which the prize winner resides, or, if the
prize winner is not a resident of this state, either the general division or the probate division of the court of common pleas 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. 3770.12. A court of competent
jurisdiction may shall approve
a
transfer of a lottery prize award only in a final order that is
based on the express findings of the court,
and the. The court shall approve the transfer only if each of the following conditions that applies is met and is included in the court's express
findings shall
include all of the following:
(A) If the transferor is a prize winner, the transferee has
provided to the prize winner a
disclosure
statement that complies
with section 3770.11 of the
Revised
Code, and the prize winner has
confirmed the prize winner's
receipt of the
disclosure statement,
as evidenced by the
prize winner's notarized signature on a
copy
of the disclosure
statement.
(B) If the transferor is a prize winner, the prize winner has
established that the transfer is
fair and reasonable
and in the
best interests of the prize winner.
(C) If the transferor is a prize winner, the prize winner
has received independent professional
advice
regarding the legal
and other implications of the
transfer.
(D)(C) The transferee has given written notice of the
transferee's
name, address, and taxpayer identification number to
the state lottery commission and has filed a copy
of that notice
with the court
in which the application for approval of the
transfer was filed.
(E)(D) The transferee is a trust, limited partnership, general
partnership, corporation, professional association, limited
liability company, or other entity that is qualified to do
business in this state and meets the registration requirements for
that type of entity under Title XVII of the Revised Code.
(F)(E) The transfer complies with all applicable requirements
of
the Revised Code and does not
contravene any applicable law.
(G)(F) The transfer does not include or cover the amounts of
the lottery prize award that are required to be withheld or
deducted pursuant to section 3119.80, 3119.81, 3121.02, 3121.03,
3123.06, 3770.071, or 3770.072 of the Revised Code.
(H)(G) Any amounts described in division (G)(F) of this section
that are required to be withheld or deducted, as of the date of
the court order, will be offset by the commission first against
remaining payments due the transferor and then against payments
due the transferee.
(I)(H) Except as provided in divisions (F) and (G) and (H) of this
section, that the transferor's interest in each and all of the
future payments from a particular lottery prize award is to be
paid to a single transferee, or, if the payments from the lottery
prize award are to be directed from the state lottery commission
to multiple transferees,
the commission has promulgated rules
under section
3770.03 of the Revised Code permitting transfers to
multiple
transferees, and the transfer is consistent with those
rules.
(J)(I) If the lottery prize award has been transferred within
twelve months immediately preceding the effective date of the
proposed transfer, the state lottery commission has not objected
to the proposed transfer. The court shall presume that the
requirements of this division are met unless the commission
notifies the court in writing before the hearing on the
application for transfer, or through counsel at that hearing, that
a transfer of the same lottery prize award has been made within
that twelve-month period and that the commission objects to a
subsequent transfer within that twelve-month period. The court
shall find that the requirements of this division are not met if
the commission provides notice of a prior transfer of the same
lottery prize award within that twelve-month period and its
objection to the proposed transfer, unless the transferor or
transferee shows by clear and convincing evidence that no previous
transfer of the same lottery prize award occurred within that
twelve-month period.
If the court determines that all of the conditions in divisions (A) to (I) of this section that apply are met, the transfer of the lottery prize award shall be presumed to be fair and reasonable and in the best interests of the prize winner.
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. 3781.07. There is hereby established in the
department of commerce a board of building and fire standards
consisting of ten the state fire marshal, the superintendent of the division of industrial compliance, and thirteen members appointed by the governor
with the advice and consent of the senate. The board shall appoint
a secretary who shall serve in the unclassified civil service for a
term of six years at a salary fixed pursuant to Chapter 124. of
the Revised Code. The board may employ additional staff in the
classified civil service. The secretary may be removed by the
board under the rules the board adopts. Terms of office of appointed members 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 appointment until the end of the term for which the
member was
appointed. Any member appointed to fill a vacancy occurring
prior to the expiration of the term for which the member's
predecessor was
appointed shall hold office for the remainder of such term. Any
member shall continue in office subsequent to the
expiration date of the member's term until the
member's successor takes office, or
until a period of sixty days has elapsed, whichever occurs first.
One of the members
appointed to the board shall be an
attorney at law, admitted to the bar of this state; two shall be
registered architects; two shall be professional engineers, one
in the field of mechanical and one in the field of structural
engineering, each of whom shall be duly licensed to practice such
profession in this state; one shall be a person of recognized
ability, broad training, and fifteen years experience in problems
and practice incidental to the construction and equipment of
buildings specified in section 3781.06 of the Revised Code; one
shall be a person with recognized ability and experience in the
manufacture and construction of industrialized units as defined
in section 3781.06 of the Revised Code; one shall be a member of
the fire service with recognized ability and broad training in
the field of fire protection and suppression; one shall be a person with at
least ten years of experience and recognized expertise in building codes and
standards and the manufacture of construction materials; and one
shall be a
general contractor with experience in residential and commercial
construction one shall be a building official chosen from a list of candidates submitted to the governor by the Ohio building officials association; one shall be a fire chief with recognized ability and broad training in the field of fire prevention chosen from a list of candidates submitted to the governor by the Ohio fire chiefs association; and one shall be a fire fighter with recognized ability and broad training in the field of fire protection and suppression systems chosen from a list of candidates submitted to the governor by the Ohio fire alliance. Each member of the board, not otherwise required
to take an oath of office, shall take the oath prescribed by the
constitution. Each member shall
receive as compensation an amount fixed pursuant to division (J)
of section 124.15 of the Revised Code, and shall receive actual and
necessary expenses in the performance of official
duties. The amount of such expenses shall be certified by the
secretary of the board and paid in the same manner as the
expenses of employees of the department of commerce are paid.
Sec. 3781.071. (A) There is hereby created within the department of commerce the Ohio building code advisory committee consisting of the superintendent of industrial compliance or the superintendent's designee and four persons appointed by the governor. Of the advisory committee's members, one shall be a building official recommended by the Ohio building officials association; one shall be a licensed architect recommended by the Ohio chapter of the American institute of architects, one shall be a registered professional engineer recommended by the American council of engineering companies of Ohio; and one shall be a registered professional engineer recommended by the Ohio society of professional engineers.
(B) The governor shall make appointments to the advisory committee within ninety days after the effective date of this section. Terms of office shall be for three years, with each term ending on the date three years after the date of appointment. Each member shall hold office from the date of appointment until the end of the term for which the member was appointed. The governor shall fill a vacancy in the manner provided for initial appointments. Any member appointed to fill a vacancy in an unexpired term shall hold office as a member for the remainder of that term.
(C) Members of the advisory committee shall receive no salary for the performance of their duties as members, but shall receive their actual and necessary expenses incurred in the performance of their duties as members of the advisory committee.
(D) The advisory committee is not subject to divisions (A) and (B) of section 101.84 of the Revised Code.
(E) The advisory committee shall do all of the following:
(1) Advise the board of building and fire standards concerning adoption of the building code, including the mechanical code, plumbing code, fuel gas code, and other codes relative to buildings and structures other than the fire code;
(2) Advise the board regarding the establishment of standards for certification of building officials who enforce the building code;
(3) Assist the board in providing information and guidance to contractors and building officials who enforce the building code;
(4) Advise the board regarding the interpretation of the building code adopted by the board pursuant to section 3781.10 of the Revised Code;
(5) Make recommendations to the board regarding other matters that may impact upon the specific duties and areas of concern assigned to the committee;
(6) Provide other assistance as it considers necessary.
(F) In providing advice concerning adoption of the building code pursuant to division (E)(1) of this section, the advisory committee and the Ohio fire code advisory committee shall make joint recommendations to the board as those advisory committees determine appropriate.
Sec. 3781.072. (A) There is hereby created within the department of commerce the Ohio fire code advisory committee consisting of the state fire marshal or the fire marshal's designee and four persons appointed by the governor. Of the advisory committee's members, one shall be recommended by the Ohio association of professional fire fighters; one shall be recommended by the Ohio state fire fighters association, one shall be recommended by the Ohio fire chiefs association; and one shall be recommended by the Ohio fire officials association.
(B) The governor shall make appointments to the advisory committee within ninety days after the effective date of this section. Terms of office shall be for three years, with each term ending on the date three years after the date of appointment. Each member shall hold office from the date of appointment until the end of the term for which the member was appointed. The governor shall fill a vacancy in the manner provided for initial appointments. Any member appointed to fill a vacancy in an unexpired term shall hold office as a member for the remainder of that term.
(C) Members of the advisory committee shall receive no salary for the performance of their duties as members, but shall receive their actual and necessary expenses incurred in the performance of their duties as members of the advisory committee.
(D) The advisory committee is not subject to divisions (A) and (B) of section 101.84 of the Revised Code.
(E) The advisory committee shall do all of the following:
(1) Advise the board of building and fire standards concerning adoption of the state fire code;
(2) Advise the board regarding the interpretation of the state fire code adopted pursuant to section 3737.82 of the Revised Code;
(3) Make recommendations to the board regarding other matters that may impact upon the duties and specific areas of concern assigned to the committee;
(4) Any additional duties required by the board.
(F) In providing advice concerning adoption of the state fire code pursuant to division (E)(1) of this section, the advisory committee and the Ohio building code advisory committee shall make joint recommendations to the board as those advisory committees determine appropriate.
Sec. 3781.19. There is hereby established in the
department of commerce a board of building appeals
consisting of five seven 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, one shall be a fire protection engineer, and one shall be a certified building professional.
No member of the board of building and fire 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. 3781.22. Wherever in the Revised Code reference is made to the board of building standards, the reference is deemed to mean the board of building and fire standards. The legislative service commission shall change references to the board of building standards to the board of building and fire standards as sections of the Revised Code are amended.
Sec. 3901.491. (A) As used in this section:
(1) "Genetic screening or testing" means a laboratory test
of a person's genes or chromosomes for abnormalities, defects, or
deficiencies, including carrier status, that are linked to
physical or mental disorders or impairments, or that indicate a
susceptibility to illness, disease, or other disorders, whether
physical or mental, which test is a direct test for
abnormalities, defects, or deficiencies, and not an indirect
manifestation of genetic disorders.
(2) "Insurer" means any person authorized under Title
XXXIX of the Revised Code to engage in the business of sickness
and accident insurance.
(3) "Sickness and accident insurance" means sickness and
accident insurance under Chapter 3923. of the Revised Code
excluding disability income insurance and excluding supplemental
policies of sickness and accident insurance.
(B) Upon the repeal of section 3901.49 of the Revised Code
by Sub. H.B. No. 71 of the 120th general assembly, no insurer
shall do either of the following:
(1) Consider any information obtained from genetic screening or
testing in processing an application for an individual or
group policy of sickness and accident insurance, or in
determining insurability under such a policy;
(2) Inquire, directly or indirectly, into the results of
genetic screening or testing or use such information, in
whole or in part, to cancel, refuse to issue or renew, or limit
benefits under, a sickness and accident insurance policy.
(C) Any insurer that has engaged in, is engaged in, or is
about to engage in a violation of division (B) of this section is
subject to the jurisdiction of the superintendent of insurance
under section 3901.04 of the Revised Code.
Sec. 3901.501. (A) As used in this section:
(1) "Genetic screening or testing" means a laboratory test
of a person's genes or chromosomes for abnormalities, defects, or
deficiencies, including carrier status, that are linked to
physical or mental disorders or impairments, or that indicate a
susceptibility to illness, disease, or other disorders, whether
physical or mental, which test is a direct test for
abnormalities, defects, or deficiencies, and not an indirect
manifestation of genetic disorders.
(2) "Self-insurer" means any government entity providing
coverage for health care services on a self-insurance basis.
(B) Upon the repeal of section 3901.50 of the Revised Code
by Sub. H.B. No. 71 of the 120th general assembly, no
self-insurer shall do either of the following:
(1) Consider any information obtained from genetic screening or
testing in processing an application for coverage under a
plan of self-insurance or in determining insurability under such
a plan;
(2) Inquire, directly or indirectly, into the results of
genetic screening or testing or use such information, in
whole or in part, to cancel, refuse to provide or renew, or limit
benefits under, a plan of self-insurance.
(C) Any self-insurer that has engaged in, is engaged in,
or is about to engage in a violation of division (B) of this
section is subject to the jurisdiction of the superintendent of
insurance under section 3901.04 of the Revised Code.
Sec. 3901.72. Any person may
advance to a domestic insurance company or a health
insuring corporation any sum of money
necessary for the
purpose of the insurance company's or health insuring corporation's
business, or to enable the
insurance company
or health insuring corporation to
comply with any law,
or as a cash guarantee fund. Such money, and interest agreed
upon, not exceeding ten per cent per annum or the total of four hundred
basis points plus the rate on United States treasury notes
or bonds closest in maturity to the final repayment date of the money so
advanced, whichever is greater, shall not be a
liability or claim against the insurance company or health
insuring corporation, or any of its
assets,
except as provided in this section, and shall be repaid only out
of the surplus earnings of such insurance company or health
insuring corporation. Except as
ordered by
the superintendent of insurance, no part of the principal or interest
thereof shall be repaid until the surplus of the insurance company or health
insuring corporation remaining after
such repayment is equal in amount to the principal of the money
so advanced. Such advancement and repayment shall be subject to
the approval of the superintendent, provided that this section
shall not affect the power to borrow money which any such insurance
company or health insuring corporation
possesses under other laws.
No commission or promotion expenses
shall be paid by the insurance company or health insuring corporation, in
connection with the advance
of
any such money to the insurance company or health insuring corporation,
and the amount of any such
unpaid
advance shall be reported in each annual statement.
Sec. 3901.86. (A) When the laws of any other state,
district, territory, or nation impose any taxes, fines,
penalties,
license fees, deposits of money, securities, or other
obligations
or prohibitions on insurance companies of this state
doing
business in
that state, district, territory, or nation, or
upon
their agents therein, the same obligations and prohibitions
shall
be imposed upon insurance companies of
the other state,
district,
or nation doing business in this state and upon their
agents.
When the laws of any other state, district, territory, or
nation impose a requirement for countersignature and payment of a
fee or commission upon agents of this state for placing any
coverage in that state, district, territory, or nation, then the
same requirements of countersignature and fee or commission shall
be imposed upon agents of that state, district, territory, or
nation for placing any coverage in this state.
(B) Beginning on
July
1, 1993,
twenty per cent of the
amount that is collected under
division
(A)
of this section from
foreign insurance companies that
sell
fire
insurance to residents
of this state shall be paid into
the
state
fire marshal's fund
created under section 3737.71 of the
Revised
Code. The director
of commerce public safety, with the approval of the
director
of budget and
management, may increase the percentage
described in
this division
so that it will yield an amount that
the director of
commerce public safety
determines necessary to assist in the
maintenance and
administration of the office of the fire marshal
and in defraying
the costs of operating the Ohio fire academy
established by
section 3737.33 of the Revised Code.
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 board of building standards may include the rules for gaseous piping systems with the rules it adopts for buildings pursuant to section 3781.10 of the Revised Code or with the rules it adopts for piping systems pursuant to this section. The rules shall prescribe uniform minimum standards
necessary
for the protection of the public health and safety and
shall
include rules establishing the safe working pressure to be
carried
by any such systems; a program for the certification of
the
welding and brazing procedures proposed to be used on any
such
system by the owner or operator of any welding or brazing
business
and for quinquennial performance testing of welders and
brazers
who work on any such system; and measures for the
conservation of
energy.
Such
The rules shall be based
upon and
follow generally
accepted engineering standards, formulas, and
practices
established and pertaining to such piping construction,
installation, and testing. The board may, for this purpose,
adopt
existing published standards,
as well as amendments thereto
subsequently published by the same
authority.
(2) Prescribe the tests, to ascertain the qualities of
materials and welding and brazing materials used in the
construction of power, refrigerating, hydraulic, heating, and
liquefied petroleum gas, oxygen, and other gaseous piping
systems;
(3) Make a standard form of certificate of inspection;
(4) Prescribe
the examinations for applicants for
certificates of competency provided for in section
4104.42 of
the
Revised Code and performance tests to determine the
proficiency of
welders and brazers;
(5) Certify municipal and county building departments to
inspect power, refrigerating, hydraulic, heating, and liquefied
petroleum gas, oxygen, and other gaseous piping systems and adopt
rules governing such certification;
(6) Establish the fee to be charged for an inspection made
by a general inspector and for the filing and auditing of special
inspector reports, and collect all fees established in this
section.
The fee for the quinquennial performance tests shall be
fifteen dollars and the fee for certification of welding and
brazing procedures mentioned in division (A) of this section
shall
be sixty dollars, except that the board of building
standards,
with the approval of the controlling board, may
establish fees in
excess of these fees, provided that the fees do
not exceed the
amounts of these fees by more than fifty per cent.
The fee for
each welding and brazing instruction sheet and
procedure
qualification record shall be fifteen dollars. Any
moneys
collected under this section shall be paid into the state
treasury
to the credit of the industrial compliance
operating fund
created
in section 121.084 of the Revised Code.
(B)
Piping is exempt from the requirements for submission
of
applications and inspections and the necessity to obtain
permits,
as required under this section and section
4104.45 of
the Revised
Code, or under rules adopted pursuant to those
sections, for
power, refrigerating, hydraulic, heating, and
liquefied petroleum
gas, oxygen, and gaseous piping systems if
the piping is used:
(1) In air cooling systems in residential or commercial
buildings and if such systems do not exceed five tons (sixty
thousand British thermal units per hour) per system; or
(2) In air heating systems in residential or commercial
buildings and if such systems do not exceed one hundred fifty
thousand British thermal units per hour per system.
(C) The board of building standards may, by rule, exempt
from the rules adopted pursuant to division (A)(1) of this
section
any pressure piping power, refrigerating, hydraulic, heating and liquefied petroleum gas, oxygen, or other gaseous piping systems which that pose no appreciable
danger to
the public health and safety.
Sec. 4104.45. (A) Except as otherwise provided in
section
4104.44 of the Revised Code, new power, refrigerating,
hydraulic, heating, liquefied
petroleum gas, oxygen, and other
gaseous piping systems shall be
thoroughly inspected in
accordance with the rules of the board of
building standards.
Such inspection inspections shall be performed by one of the
following:
(1) General inspectors of pressure piping systems;
(2) Special inspectors provided for in section
4104.43 of
the Revised Code;
(3) Local inspectors provided for in section 4104.43 of
the
Revised Code.
(B) Owners or users of pressure piping systems required to
be inspected under this section shall pay to the division of
industrial
compliance in the department of
commerce a fee of one
hundred fifty dollars plus
an additional fee determined as
follows:
(1) On or before June 30, 2000, two
per cent of the actual
cost of the system for each inspection
made by a general
inspector;
(2) On July 1, 2000, and through June 30, 2001, one and
eight-tenths per cent of the actual cost of the system for each
inspection
made by a general inspector;
(3) On and after July 1, 2001, one per cent of the actual
cost of
the system for each inspection made by a general
inspector.
(C) The board of building standards, subject to the
approval
of the controlling board, may establish a fee in excess
of the fee
provided in division (B) of this section, provided
that the fee
does not exceed the amount established in this
section by more
than fifty per cent.
(D) In addition to the fee assessed in division (B) of
this
section, the board of building standards shall assess the
owner or
user a fee of three dollars and twenty-five cents for
each system
inspected pursuant to this section. The board shall
adopt rules,
in accordance with Chapter 119. of the Revised Code,
specifying
the manner by which the superintendent of the
division of
industrial compliance in the department of commerce shall
collect
and
remit to the board the fees assessed under this division and
requiring that
remittance of the fees be made at least quarterly.
(E) Any moneys collected under this section shall be paid
into the state treasury to the credit of the industrial compliance
operating fund created in section 121.084 of the Revised Code.
(F) Any person who fails to pay an inspection fee required
for
any inspection conducted by the division pursuant to
this
chapter within
forty-five days after the inspection is conducted
shall pay a late payment fee
equal to twenty-five per cent of the
inspection fee inspectors designated by the superintendent of the division of industrial compliance in the department of commerce or, within jurisdictional limits established by the board of building standards, by individuals certified by the board of building standards pursuant to division (E) of section 3781.10 of the Revised Code who are designated to do so by local building departments, as appropriate.
(G)(B) The superintendent of the division of industrial compliance in the department of commerce may issue adjudication orders as
necessary
for the enforcement of sections 4104.41 to 4104.46 4104.48 of
the Revised Code and
rules adopted
under those sections. No
person shall violate or fail to comply with the
terms and
conditions of an adjudication order issued under this division.
Adjudication orders issued pursuant to this division and appeals
thereof are
governed by section 3781.19 of the Revised Code.
Sec. 4104.46. (A) The design, installation, and testing of
nonflammable medical gas and vacuum piping systems within the
scope of the national fire protection association standard,
section 1-1 of "NFPA 99C, Gas and Vacuum Systems," is governed by
that national fire protection association standard.
(B) Installers, inspectors, verifiers, construction
contracting maintenance personnel, and instructors for the design,
installation, and testing of nonflammable medical gas and vacuum
piping systems shall obtain certification by the American society
of sanitary engineers in accordance with the American society of
sanitary engineering series 6000 requirements.
Sec. 4104.47. (A) No individual other than one certified by a
private vendor in accordance with rules adopted by the board of
building standards shall perform welding or brazing or both in the
construction of power, refrigerating, hydraulic, heating and liquefied petroleum gas, oxygen, or other gaseous piping systems.
(B) Each welder or brazer certified by a private vendor to
perform welding or brazing or both in the construction of power, refrigerating, hydraulic, heating and liquefied petroleum gas, oxygen, or other gaseous piping systems shall be recertified by a private vendor to perform
those services five years after the date of the original
certification and every five years thereafter in accordance with
rules adopted by the board. A private vendor shall recertify a
welder or brazer who meets the requirements established by the board under division (A)(1) of section 4104.44 of the Revised Code.
Sec. 4104.46
4104.48. (A) No person shall violate
sections
4104.41 to
4104.46
4104.48 of the
Revised
Code, fail to perform
any duty
lawfully enjoined in connection with those sections, or
fail to
comply with any order issued by the superintendent of the
division of industrial compliance or any judgment or decree
issued
by any court in connection with the enforcement of
sections
4104.41 to
4104.46
4104.48 of the
Revised
Code.
(B) Every day during
which a person violates sections
4104.41 to
4104.46
4104.48 of the
Revised
Code, fails to perform
any duty
lawfully enjoined in connection with those sections, or
fails to
comply with any order issued by the superintendent of the
division of industrial compliance or any judgment or decree
issued
by any court in connection with the enforcement of
sections
4104.41 to
4104.46
4104.48 of the
Revised
Code constitutes a
separate
offense.
Sec. 4105.17. (A) The fee for
each inspection, or
attempted
inspection that, due to no fault of a general inspector
or the
division of
industrial compliance, is not successfully
completed,
by a general
inspector
before the operation of
a
permanent new elevator prior to the issuance of a certificate of
operation, before operation of an elevator being put back into
service after a repair, or as a result of the operation of section
4105.08 of the Revised Code and is an elevator required to be
inspected
under this
chapter is
twenty dollars plus
ten dollars
for each
floor where
the elevator stops. The
superintendent
of
industrial
compliance may assess
an additional fee of one hundred
twenty-five
dollars plus five
dollars for each floor
where an
elevator stops
for the
reinspection of an elevator when a previous
attempt to
inspect
that elevator has been unsuccessful through no
fault of a
general
inspector or the division of industrial
compliance.
(B) The fee for each inspection, or attempted inspection,
that due to no fault of the general inspector or the division of
industrial compliance, is not successfully completed by a general
inspector before operation of a permanent new escalator or moving
walk prior to the issuance of a certificate of operation, before
operation of an escalator or moving walk being put back in service
after a repair, or as a result of the operation of section 4105.08
of the Revised Code is three hundred dollars. The superintendent
of the division of industrial compliance may assess an additional
fee of one hundred fifty dollars for the reinspection of an
escalator or moving walk when a previous attempt to inspect that
escalator or moving walk has been unsuccessful through no fault of
the general inspector or the division of industrial compliance.
(C) The
fee for issuing or renewing a
certificate of
operation under
section 4105.15 of the Revised
Code
for an
elevator that is inspected every six months in accordance with
division (A) of section 4105.10 of the Revised Code is
one two
hundred five dollars
plus ten dollars for each floor where the
elevator stops, except where the elevator has been inspected by a
special inspector in accordance with section 4105.07 of the
Revised Code.
(D) The fee for issuing or renewing a certificate of
operation under section 4105.05 of the Revised Code for an
elevator that is inspected every twelve months in accordance with
division (A) of section 4105.10 of the Revised Code is fifty-five
dollars plus ten dollars for each floor where the elevator stops,
except where the elevator has been inspected by a special
inspector in accordance with
section 4105.07 of the Revised Code.
(E) The fee for issuing or renewing a certificate of
operation under section 4105.15 of the Revised Code for an
escalator or moving walk is three hundred dollars, except where
the escalator or moving walk has been inspected by a special
inspector in accordance section 4105.07 of the Revised Code.
(F) All other fees to be charged for any examination
given
or other service performed by the division of industrial
compliance pursuant to this chapter shall be prescribed by
the
director of commerce. The fees shall be reasonably
related to the
costs
of such examination or other service.
(G) The
director of commerce,
subject to the
approval
of
the controlling board, may establish
fees in excess
of the fees
provided in
divisions (A)
and,
(B), (C), (D), and (E) of this section, provided
that
the fees
do not exceed the
amounts established in
divisions
(A)
and (B) of this
section by more than fifty per cent. Any moneys
collected under
this section shall be paid into the state
treasury
to the credit
of the industrial compliance
operating fund
created
in section
121.084 of the Revised Code.
(H) Any person who fails to pay an inspection fee
required
for any inspection conducted by the division pursuant to
this
chapter within forty-five days after the inspection is
conducted
shall pay a late payment fee equal to twenty-five per
cent of the
inspection fee.
(I) In addition to the
fees assessed in
divisions (A),
(B), (C), and (D), and (E) of
this
section, the board of
building standards
shall assess a fee
of
three dollars and
twenty-five cents for each
certificate of
operation or renewal
thereof issued under division divisions
(A), (B), (C), (D), or (E) of this
section and for each
permit issued under section
4105.16 of the
Revised Code. The
board shall adopt rules, in
accordance with
Chapter 119. of the
Revised Code, specifying the
manner by which
the superintendent
of
industrial compliance shall
collect
and remit to
the board the fees assessed under this
division and
requiring that
remittance of the fees be made at
least quarterly.
(J) For purposes of this section:
(1) "Escalator" means a power driven, inclined, continuous
stairway used for raising or lowering passengers.
(2) "Moving walk" means a passenger carrying device on
which
passengers stand or walk, with a passenger carrying surface
that
is uninterrupted and remains parallel to its direction of
motion.
Sec. 4112.15. There is hereby created in the state treasury the civil rights
commission general reimbursement fund, which shall be used to pay operating
costs of the commission. All amounts received by the commission, and all amounts awarded by a court to the commission, for attorney's fees, court costs, expert witness fees, and other litigation expenses shall be paid into the state treasury to the credit of the fund. All money paid to amounts received by the commission for copies of
commission documents and for other goods and services furnished by the
commission shall be credited paid into the state treasury to the credit of the fund.
Sec. 4115.10. (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 a complaint with the director of commerce alleging a violation of sections 4115.03 to 4115.16 of the Revised Code shall file the complaint within two years after the completion of the public improvement upon which the violation is alleged to have occurred or be barred from further administrative 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. 4117.14. (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. Within sixty days before a legislative body changes the method used for calculating the proportionate amount of the contribution chargeable to the fund, it shall notify, consult with, and give information supporting the change to any elected official affected by the change. 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. 4141.201. (A) If an employer submits a form, report, record, or makes any other filing required under this chapter and the filing contains incorrect information, the employer shall not be required to pay any penalty with respect to the submission, provided that the employer has voluntarily identified and corrected the incorrect information.
(B) This section does not apply to any false information knowingly included by the employer in a form, report, record, or other filing for the principal purpose of avoiding any payment required under this chapter.
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. 4301.03. The liquor control commission may adopt and
promulgate, repeal, rescind, and amend, in the manner required by
this section, rules, standards, requirements, and orders
necessary
to carry out
this chapter and
Chapter 4303. of the
Revised
Code,
but all rules of the board of liquor control
which
that
were in
effect
immediately prior to April 17, 1963, shall remain
in full
force
and effect as rules of the liquor control commission
until
and
unless amended or repealed by the liquor control
commission.
The
rules of the commission may include the
following:
(A) Rules with reference to applications for and the
issuance of permits for the manufacture, distribution,
transportation, and sale of beer and intoxicating liquor, and the
sale of alcohol; and rules governing the procedure of the
division
of liquor control in the suspension, revocation,
and cancellation
of
those permits;
(B) Rules and orders providing in detail for the conduct
of
any retail business authorized under permits issued pursuant
to
this chapter and Chapter 4303. of the Revised Code,
with a view to
ensuring compliance with
those chapters and
laws relative
to
them, and the maintenance of public
decency, sobriety, and good
order in any place licensed under
the
permits. No rule or order
shall prohibit the sale of
lottery
tickets issued pursuant to
Chapter 3770. of the Revised
Code by
any retail business
authorized under permits issued
pursuant to
that chapter.
No rule or order shall prohibit pari-mutuel wagering on
simulcast horse races
at a satellite facility that has been issued
a D liquor permit under Chapter
4303. of the Revised Code. No
rule or order 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, as described in division (S) of section 2915.01 of the Revised Code. 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, as described in division (S)(1) of section 2915.01 of the Revised Code, is being conducted
while the game is being
conducted. As used in this division,
"charitable organization"
has the same meaning as in division (H)
of section 2915.01
of the Revised Code, and
"charitable bingo
game"
has the same
meaning as in division (R)
of
that section.
No
rule or order
pertaining to
visibility into
the premises of a
permit holder
after the legal
hours of sale
shall be adopted or
maintained by
the commission.
(C) Standards, not in conflict with those prescribed by
any
law of this state or the United States, to secure the use of
proper ingredients and methods in the manufacture of beer,
mixed
beverages, and wine to be sold within this state;
(D) Rules determining the nature, form, and capacity of
all
packages and bottles to be used for containing beer or
intoxicating liquor, except for spirituous liquor to be kept or
sold, governing the form of all seals and labels to be used
on
those packages and bottles,
and requiring the label on
every
package, bottle, and
container to state the ingredients in
the
contents and, except on
beer, the terms of
weight, volume, or
proof spirits, and
whether the same is beer,
wine, alcohol, or any
intoxicating
liquor except for spirituous
liquor;
(E) Uniform rules governing all advertising with reference
to the sale of beer and intoxicating liquor throughout the state
and advertising upon and in the premises licensed for the sale of
beer or intoxicating liquor;
(F) Rules restricting and placing conditions upon the
transfer of permits;
(G) Rules and orders limiting the number of permits of any
class within the state or within any political subdivision of the
state; and, for
that purpose, adopting reasonable
classifications
of
persons or establishments to which any
authorized class of
permits
may be issued within any
political subdivision;
(H) Rules and orders with reference to sales of beer and
intoxicating liquor on Sundays and holidays and with reference to
the hours of the day during which and the persons to whom
intoxicating liquor of any class may be sold, and rules with
reference to the manner of sale;
(I) Rules requiring permit holders buying beer
to pay and
permit holders selling beer
to collect minimum cash deposits for
kegs, cases,
bottles, or other returnable containers of
the beer;
requiring the repayment, or credit, of
the minimum cash
deposit
charges upon the return of
the empty
containers; and
requiring
the posting of such form of indemnity
or such other
conditions
with respect to the charging,
collection,
and repayment
of minimum
cash deposit charges for
returnable
containers of beer
as are
necessary
to ensure
the return of
the empty containers or
the
repayment upon
that return of the minimum cash deposits
paid;
(J) Rules establishing the method by which alcohol
products
may be imported for sale by wholesale distributors and
the method
by which manufacturers and suppliers may sell alcohol
products to
wholesale distributors.
Every rule, standard, requirement, or order of the
commission
and every repeal, amendment, or rescission
of
them shall be
posted for public inspection in the principal office
of
the
commission and the principal office of the division of
liquor
control, and a certified copy
of them shall be
filed in the
office of the secretary of state. An order applying
only to
persons named
in it shall be served on the persons
affected by
personal delivery of a certified copy, or by mailing
a
certified
copy to each person affected
by it or,
in the case of a
corporation, to any officer or agent
of
the
corporation upon whom
a
service of summons may be served in a
civil action. The posting
and filing required by this section
constitutes sufficient notice
to all persons affected by such rule
or order which is not
required to be served. General rules of the
commission
promulgated pursuant to this section shall be published
in
the
manner
the commission determines.
Sec. 4301.19. The division of liquor control shall sell
spirituous liquor only, whether from a warehouse or from a state
liquor store. All sales shall be in sealed containers and for
resale as authorized by Chapters 4301. this chapter and Chapter 4303. of the Revised
Code or for consumption off the premises only. Except as
otherwise provided in this section, sale of containers holding
one-half pint or less of spirituous liquor by the division
shall be made at retail only, and not for the purpose of resale
by any purchaser, by special order placed with a state retail
liquor store and subject to rules established by the
superintendent of
liquor control. The division shall may sell at wholesale
spirituous liquor in fifty milliliter sealed containers to hotels
that sell spirituous liquor by means of a controlled access
alcohol and beverage cabinet in accordance with division (B) of
section 4301.21 any holder of a permit issued under Chapter 4303. of the Revised Code, but only for purposes of
resale by the hotel in sealed containers by means of a controlled
access alcohol and beverage cabinet that authorizes the sale of spirituous liquor for consumption on the premises where sold. A person appointed by
the division to act as an agent for the sale
of spirituous liquor pursuant to section 4301.17 of the Revised Code
may provide and accept gift certificates and may
accept credit cards and debit cards for the retail purchase of
spirituous liquor. Deliveries shall be made in such the manner as the
superintendent determines by
rule.
If any persons desire person desires to purchase any variety or brand of
spirituous liquor which is not in stock at the state liquor store
where the same variety or brand is ordered, the division shall immediately
procure the same variety or brand after a reasonable deposit is made by the
purchaser in such proportion of the approximate cost of the order
as is prescribed by the rules of the superintendent. The
purchaser shall be immediately notified upon the arrival of the spirituous
liquor at the store at which it was ordered. Unless such the
purchaser pays for the same variety or brand and accepts delivery within five days
after the giving of such the notice, the division may place such the
spirituous liquor in stock for general sale, and the deposit of
the purchaser shall be forfeited.
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 as described in division (S) of section 2915.01 of the Revised Code. 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, as described in division (S)(1) of section 2915.01 of the Revised Code, 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 the same meaning 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) Permit D-6 shall be issued to the holder of a D-5g permit 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.
(I) 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)(J) 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. 4501.06. The taxes, fees, and fines levied, charged,
or referred to in division (C)(1) of section 4503.10, division (D) of section 4503.182, and sections 4505.11, 4505.111,
4506.08, 4506.09, 4507.23, 4508.05, 4923.12, and
5502.12 of the Revised Code, unless otherwise designated by law,
shall be deposited in the state treasury to the credit of the
state highway safety fund, which is hereby created, and shall,
after receipt 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, be used for the purpose of enforcing and paying
the expenses of administering the law relative to the
registration and operation of motor vehicles on the public roads
or highways. Amounts credited to
the fund may also be used to pay the expenses
of administering and enforcing the laws under which such fees
were collected. All investment earnings of the state highway
safety fund shall be credited to the fund.
Sec. 4503.101. (A) The registrar of motor vehicles shall
adopt rules to establish a system of motor vehicle registration
based upon the type of vehicle to be registered, the type of ownership of the vehicle, the class of license plate to be issued, and any other factor the registrar determines to be relevant. Except for commercial cars, buses, trailers, and semitrailers taxed under section 4503.042 of the Revised Code; except for rental vehicles owned by motor vehicle renting dealers; and except as otherwise provided by rule, motor vehicles owned by an individual shall be registered based upon the motor vehicle owner's date of birth. Beginning
with the 2004 registration year, the registrar shall assign motor
vehicles to the registration periods established by rules adopted
under this section.
(B) The registrar shall adopt rules to permit motor
vehicle owners residing together at one address to select the
date of birth of any one of the owners as the date to register
any or all of the vehicles at that residence address, as shown in
the records of the bureau of motor vehicles.
(C) The registrar shall adopt rules to assign and reassign all commercial cars, buses, trailers, and semitrailers taxed under section 4503.042 of the Revised Code and all rental vehicles owned by motor vehicle renting dealers to a system of registration so that the registrations of approximately one-twelfth of all such vehicles expire on the last day of each month of a calendar year. To effect a reassignment from the registration period in effect on the effective date of this amendment June 30, 2003, to the new registration periods established by the rules adopted under this section as amended, the rules may require the motor vehicle to be registered for more or less than a twelve-month period at the time the motor vehicle's registration is subject to its initial renewal following the effective date of such rules. If necessary to effect an efficient transition, the rules may provide that the registration reassignments take place over two consecutive registration periods. The registration taxes to be charged shall be determined by the registrar on the basis of the annual tax otherwise due on the motor vehicle, prorated in accordance with the number of months for which the motor vehicle is registered, except that the fee established by division (C)(1) of section 4503.10 of the Revised Code shall be collected in full for each renewal that occurs during the transition period and shall not be prorated.
(D) The registrar shall adopt rules to permit any commercial motor vehicle owner or motor vehicle renting dealer
who owns two or more motor vehicles to request the registrar to permit the owner to separate the owner's fleet into up to four divisions for assignment to separate dates upon which to register the vehicles, provided that
the registrar may disapprove any such request whenever the
registrar has reason to believe that an uneven distribution of
registrations
throughout the calendar year has developed or is likely to
develop.
(E) Every owner or lessee of a motor vehicle
holding a certificate of registration shall notify the registrar
of any change of the owner's or lessee's correct address
within ten days after the change occurs. The notification shall be
in writing on a
form provided by the registrar or by electronic means approved by the registrar and shall include the full name,
date of birth if applicable, license number, county of residence or place of business, social
security account number of an individual or federal tax identification number of a business, and new address.
(F) As used in this section, "motor vehicle renting dealer" has the same meaning as in section 4549.65 of the Revised Code.
Sec. 4503.103. (A)(1)(a) The registrar of motor vehicles
may adopt
rules to permit any person or lessee, other than a
person receiving an apportioned license plate under the
international registration plan, who owns or leases one
or
more
motor vehicles to file a written application for
registration for no
more than five succeeding registration
years. The
rules adopted
by the registrar may designate the classes of motor vehicles
that
are eligible for such registration. At the time of
application,
all annual taxes and fees shall be
paid for each year for which
the person is registering.
(b) The (i) Except as provided in division (A)(1)(b)(ii) of this section, the registrar
shall adopt rules to permit any
person, other
than a person receiving an apportioned license plate
under the
international registration plan and other than the owner of a commercial car used solely in intrastate commerce, who owns a motor
vehicle to file
an application for registration for the next two
succeeding
registration years.
At the time of application, the
person shall pay the annual taxes and fees for each registration
year, calculated in accordance with division (C) of section
4503.11 of the Revised Code. A person who is registering a
vehicle under division (A)(1)(b) of this section shall pay for each year of registration the additional fee established under division (C)(1) of section 4503.10 of the Revised Code. The person shall also pay one and one-half times the amount of the deputy registrar service fee specified in division (D) of section 4503.10 of the Revised Code or the bureau of motor vehicles service fee specified in division (G) of that section, as applicable.
(ii) Division (A)(1)(b)(i) of this section does not apply to a person receiving an apportioned license plate under the international registration plan, or the owner of a commercial car used solely in intrastate commerce, or the owner of a bus as defined in section 4513.50 of the Revised Code.
(2) No person applying for a multi-year registration under
division (A)(1) of this section is entitled to a refund of any taxes or fees paid.
(3) The registrar shall not issue to any applicant who has
been
issued a final, nonappealable order under division (B) of
this
section a multi-year registration or renewal thereof under
this
division or rules adopted under it for any motor vehicle that
is
required to be inspected under section 3704.14 of the Revised
Code the district of registration of which, as determined under
section 4503.10 of the Revised Code, is or is located in the
county named in the order.
(B) Upon receipt from the director of environmental
protection of a notice issued under division (J) of section
3704.14 of the Revised Code indicating that an owner of a motor
vehicle that is required to be inspected under that section who
obtained a multi-year registration for the vehicle under division
(A) of this section or rules adopted under that division has not
obtained an inspection certificate for the vehicle in accordance
with that section in a year intervening between the years of
issuance and expiration of the multi-year registration in which
the owner is required to have the vehicle inspected and obtain an
inspection certificate for it under division (F)(1)(a) of that
section, the registrar in accordance with Chapter 119. of the
Revised Code shall issue an order to the owner impounding the
certificate of registration and identification license plates for
the vehicle. The order also shall prohibit the owner from
obtaining or renewing a multi-year registration for any vehicle
that is required to be inspected under that section, the district
of registration of which is or is located in the same county as
the county named in the order during the number of years after
expiration of the current multi-year registration that equals the
number of years for which the current multi-year registration was
issued.
An order issued under this division shall require the owner
to surrender to the registrar the certificate of registration and
license plates for the vehicle named in the order within five
days
after its issuance. If the owner fails to do so within that
time,
the registrar shall certify that fact to the county sheriff
or
local police officials who shall recover the certificate of
registration and license plates for the vehicle.
(C) Upon the occurrence of either of the following
circumstances, the registrar in accordance with Chapter 119. of
the Revised Code shall issue to the owner a modified order
rescinding the provisions of the order issued under division (B)
of this section impounding the certificate of registration and
license plates for the vehicle named in that original order:
(1) Receipt from the director of environmental protection
of
a subsequent notice under division (J) of section 3704.14 of
the
Revised Code that the owner has obtained the inspection
certificate for the vehicle as required under division (F)(1)(a)
of that section;
(2) Presentation to the registrar by the owner of the
required inspection certificate for the vehicle.
(D) The owner of a motor vehicle for which the certificate
of registration and license plates have been impounded pursuant
to
an order issued under division (B) of this section, upon
issuance
of a modified order under division (C) of this section,
may apply
to the registrar for their return. A fee of two
dollars and fifty
cents shall be charged for the return of the
certificate of
registration and license plates for each vehicle
named in the
application.
Sec. 4505.06. (A)(1) Application for a certificate of
title
shall be made in a form prescribed by the registrar of
motor
vehicles and shall be sworn to before a notary public or
other
officer empowered to administer oaths. The application
shall be
filed with the clerk of
any court of common pleas.
An
application for a
certificate of title may be filed
electronically by
any
electronic
means approved by the registrar
in
any county
with the clerk of the court of common pleas
of
that county. Any
payments required by
this chapter
shall be
considered as
accompanying any
electronically transmitted
application when
payment actually is
received by the clerk.
Payment of any fee or
taxes may be made
by
electronic transfer
of
funds.
(2) The application for a certificate of title shall be
accompanied
by the fee prescribed in section 4505.09 of the
Revised Code. The fee shall be retained by the clerk who
issues
the
certificate of title and shall be distributed in
accordance
with that section.
If a clerk of a court of common
pleas, other
than the clerk of the court of
common pleas of an
applicant's
county of residence, issues a certificate of
title to
the
applicant, the clerk shall transmit data related to the
transaction to the automated title processing
system.
(3) If a certificate of title previously has been issued for
a
motor vehicle in this state,
the application for a
certificate of title also shall be accompanied by that
certificate
of title duly assigned, unless otherwise provided in
this chapter.
If a certificate of title previously has not been
issued for the
motor vehicle in this state, the application,
unless otherwise
provided in this chapter, shall be accompanied
by a manufacturer's
or importer's certificate or by a certificate
of title
of another
state
from which the motor vehicle was
brought into this state.
If
the
application refers to a motor
vehicle last previously
registered
in another state, the
application also shall be
accompanied by
the physical inspection
certificate required by
section 4505.061
of the Revised Code.
If
the application is made
by two persons
regarding a motor
vehicle
in which they wish to
establish joint
ownership with
right of
survivorship, they may do
so as provided
in section
2131.12 of
the Revised Code.
If the applicant requests a
designation of
the
motor vehicle in beneficiary form so that upon
the death of
the
owner of the motor vehicle, ownership of the
motor vehicle
will
pass to a designated transfer-on-death
beneficiary or
beneficiaries, the applicant may do so as provided
in section
2131.13 of the Revised Code. A person who establishes
ownership
of a motor vehicle that is transferable on death in
accordance
with section 2131.13 of the Revised Code may terminate
that type
of ownership or change the designation of the
transfer-on-death
beneficiary or beneficiaries by applying for a
certificate of
title pursuant to this section. The clerk
shall
retain
the
evidence of title
presented by the applicant and
on
which the
certificate of title
is issued,
except that, if an
application
for a
certificate of
title is
filed electronically
by
an
electronic motor vehicle
dealer on behalf of the
purchaser
of a
motor vehicle, the clerk
shall retain the completed
electronic
record to which the dealer
converted the certificate
of title
application and other required
documents. The
electronic motor
vehicle dealer shall forward retain the
actual original title
application and all other
documents relating to the sale of
the
motor vehicle to any clerk
within thirty days after the
certificate of title is issued. The
registrar, after consultation
with the attorney general, shall
adopt rules that govern the
location at which, and the manner in
which, are stored the actual
application and all other documents
relating to the sale of a
motor vehicle when an electronic motor
vehicle dealer files the
application for a certificate of title
electronically on behalf of
the purchaser for a period of time determined by the registrar and shall make all of the documents available for inspection by the registrar upon the registrar's request. The registrar shall make the original application documents available to the attorney general upon the request of the attorney general.
The clerk shall use reasonable
diligence in
ascertaining
whether or not the facts in the
application
for a
certificate of
title are true by checking the application and
documents
accompanying it
or the
electronic record to which a
dealer
converted the
application and
accompanying documents
with
the
records of motor vehicles in the clerk's
office.
If the
clerk is
satisfied that the applicant is the
owner of the
motor
vehicle
and that the application is in the
proper form,
the
clerk,
within
five business days after the
application is
filed, shall
issue a
physical
certificate of title
over the
clerk's signature
and
sealed with the clerk's seal
unless
the
applicant
specifically
requests the clerk not to issue a
physical
certificate of title
and instead to
issue an electronic
certificate of title. For
purposes of the transfer of a
certificate
of title, if the clerk
is satisfied that the secured
party has duly discharged
a lien
notation but has not canceled
the lien notation with
a
clerk, the
clerk may cancel the lien
notation on
the automated title
processing system and notify the
clerk of the
county of origin.
(4) In the case of the sale of a motor vehicle to a general
buyer
or user
by a dealer, by a motor vehicle leasing dealer
selling
the
motor
vehicle to the lessee or, in a case in which
the
leasing
dealer subleased the
motor vehicle, the sublessee,
at
the end of
the lease agreement or sublease
agreement, or by a
manufactured
home
broker, the certificate of title shall be
obtained in the
name of the buyer by the dealer, leasing
dealer,
or
manufactured home
broker, as the case may be, upon
application
signed by
the buyer. The certificate of title shall
be issued, or
the process
of entering the certificate of title
application
information into the automated title processing
system if a
physical
certificate of title is not to be issued
shall
be
completed, within
five business days after the
application for
title is filed with
the clerk. If the buyer of
the motor vehicle
previously leased the motor
vehicle and
is
buying the motor
vehicle at the end of the lease pursuant to that
lease,
the
certificate of title shall be obtained in the name of
the buyer by
the
motor vehicle leasing dealer who previously
leased the motor
vehicle to the
buyer or by the motor vehicle
leasing dealer who
subleased the motor vehicle
to the buyer
under a sublease
agreement.
In all other cases, except as provided in
section 4505.032
and division (D)(2)
of section 4505.11 of the Revised Code, such
certificates shall
be obtained by the buyer.
(5)(a)(i) If the certificate of title is being obtained in
the name of the buyer by a motor vehicle dealer or motor vehicle
leasing dealer and there is a security interest to be noted on the
certificate of title, the dealer or leasing dealer shall submit
the application for the certificate of title and payment of the
applicable tax to a clerk within seven business days after the
later of the delivery of the motor vehicle to the
buyer or the
date the dealer or leasing dealer obtains the
manufacturer's or
importer's certificate, or certificate of title
issued in the name
of the dealer or leasing dealer, for the motor vehicle.
Submission
of the application for the
certificate of title and payment of the
applicable tax within the
required seven business days may be
indicated by postmark or
receipt by a clerk within that period.
(ii) Upon receipt of the certificate of title with the
security interest noted on its face, the dealer or leasing dealer
shall forward the certificate of title to the secured party at the
location noted in the financing documents or otherwise specified
by the secured party.
(iii) A motor vehicle dealer or motor vehicle leasing
dealer
is liable to a secured party for a late fee of ten dollars
per day
for each certificate of title application and payment of
the
applicable tax that is submitted to a clerk more than seven
business days
but less than twenty-one days after the later of the
delivery of the motor vehicle to the buyer or the date the
dealer
or leasing dealer obtains the manufacturer's or importer's
certificate, or certificate of title issued in the name of the
dealer or leasing dealer, for the motor vehicle and,
from then on,
twenty-five dollars per day until the application
and applicable
tax are submitted to a clerk.
(b) In all cases of
transfer of
a motor vehicle, the
application for certificate of
title shall be
filed within
thirty days after the assignment or
delivery of the
motor
vehicle. If an application for a
certificate of title is
not
filed within
the period
specified in division (A)(5)(b) of
this
section, the clerk
shall collect a fee of
five dollars for
the
issuance of the
certificate, except that no
such fee shall
be
required from a
motor vehicle salvage dealer,
as defined in
division (A) of
section 4738.01 of the Revised
Code, who
immediately surrenders
the certificate of title for
cancellation. The fee shall be in
addition to all other fees
established by this chapter, and shall
be retained by the clerk.
The
registrar shall provide, on the
certificate of title form
prescribed by section 4505.07 of the
Revised Code, language
necessary to give evidence of the date on
which the assignment or
delivery of the motor vehicle was made.
(6) As used in
division
(A) of this section,
"lease
agreement,"
"lessee," and
"sublease
agreement" have the same
meanings as in section 4505.04
of the Revised Code.
(B) The clerk, except as provided in this section, shall
refuse to accept for filing any application for a certificate of
title and shall refuse to issue a certificate of title unless the
dealer or manufactured home broker or the applicant, in cases in
which the
certificate shall be obtained by the buyer, submits
with
the
application payment of the tax levied by or pursuant to
Chapters
5739. and 5741. of the Revised Code
based on the
purchaser's county of residence. Upon payment of the tax in
accordance with division (E) of this section, the clerk shall
issue a receipt prescribed by the registrar and agreed upon by the
tax
commissioner showing payment of the tax or a receipt issued
by
the
commissioner showing the payment of the tax. When
submitting
payment of the
tax to the clerk, a dealer shall
retain any
discount to which the dealer is
entitled under
section 5739.12 of
the Revised Code.
For receiving and disbursing such taxes paid to the clerk
by
a resident of the clerk's county,
the clerk may retain a poundage
fee of one and one one-hundredth
per cent,
and the clerk
shall
pay the poundage fee
into the certificate of title
administration fund created by
section 325.33 of the
Revised
Code.
The clerk shall not retain a
poundage fee from payments of
taxes by persons who do not reside
in the clerk's county.
A clerk, however, may retain from the taxes paid to the
clerk
an amount equal to the poundage fees associated with
certificates
of title issued by other clerks of courts of common
pleas to
applicants who reside in the first clerk's county. The
registrar,
in consultation with the tax commissioner and the
clerks of the
courts of common pleas, shall develop a report from
the automated
title processing system that informs each clerk of
the amount of
the poundage fees that the clerk is permitted to
retain from those
taxes because of certificates of title issued by
the clerks of
other counties to applicants who reside in the first
clerk's
county.
In the case of casual sales of motor vehicles, as defined
in
section 4517.01 of the Revised Code, the price
for the purpose of
determining the tax shall be the purchase
price on the assigned
certificate of title executed
by the seller and filed with the
clerk by the
buyer on a form to be prescribed by the registrar,
which shall
be prima-facie evidence of the amount for the
determination of the tax.
(C)(1) If the transferor indicates on the certificate of
title
that the odometer reflects mileage in excess of the
designed
mechanical limit of the odometer, the clerk shall enter
the
phrase
"exceeds mechanical limits" following the mileage
designation. If
the transferor indicates on the certificate of
title that the
odometer reading is not the actual mileage, the
clerk shall enter
the phrase
"nonactual: warning -
odometer
discrepancy" following
the mileage designation. The clerk shall
use
reasonable care in
transferring the information supplied
by
the transferor, but is
not liable for any errors or omissions
of
the clerk or those of
the clerk's deputies in the
performance of
the clerk's duties
created by this chapter.
The registrar shall prescribe an affidavit in which the
transferor shall swear to the true selling price and, except as
provided in this division, the true odometer reading of the motor
vehicle. The registrar may prescribe an affidavit in which the
seller and buyer provide information pertaining to the odometer
reading of the motor vehicle in addition to that required by this
section, as such information may be required by the United States
secretary of transportation by rule prescribed under authority of
subchapter IV of the
"Motor Vehicle Information and Cost Savings
Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.
(2) Division (C)(1) of this
section does not require the
giving of information
concerning the odometer and odometer
reading
of a motor vehicle
when ownership of a motor vehicle is
being
transferred as a
result of a bequest, under the laws of
intestate
succession, to a
survivor pursuant to
section
2106.18,
2131.12, or 4505.10
of the Revised
Code,
to a
transfer-on-death beneficiary or beneficiaries
pursuant
to section
2131.13 of the Reviseed Revised Code, or in
connection
with the
creation
of a
security interest.
(D) When the transfer to the applicant was made in some
other state or in interstate commerce, the clerk, except as
provided in this section, shall refuse to issue any certificate
of
title unless the tax imposed by or pursuant to Chapter
5741.
of
the Revised Code
based on the purchaser's county of residence
has
been paid as evidenced by a receipt issued by the tax
commissioner, or
unless the applicant submits with the
application
payment of
the tax. Upon payment of the tax in
accordance with
division
(E) of this section, the clerk shall
issue a
receipt
prescribed by the
registrar and agreed upon by
the tax
commissioner, showing
payment of the tax.
For
receiving and
disbursing such taxes paid
to the clerk
by a resident of the clerk's county, the clerk
may retain a
poundage
fee of one
and one one-hundredth per cent.
The
clerk
shall not retain a poundage fee from payments of taxes by
persons
who do not reside in the clerk's county.
A clerk, however, may retain from the taxes paid to the
clerk
an amount equal to the poundage fees associated with
certificates
of title issued by other clerks of courts of common
pleas to
applicants who reside in the first clerk's county. The
registrar,
in consultation with the tax commissioner and the
clerks of the
courts of common pleas, shall develop a report from
the automated
title processing system that informs each clerk of
the amount of
the poundage fees that the clerk is permitted to
retain from those
taxes because of certificates of title issued by
the clerks of
other counties to applicants who reside in the first
clerk's
county.
When the vendor is
not regularly
engaged in the
business of
selling
motor
vehicles, the vendor
shall not be required to
purchase a
vendor's
license or make
reports concerning
those
sales.
(E) The clerk shall accept any payment of a tax in cash, or
by
cashier's check, certified
check, draft,
money order, or
teller check issued by any
insured financial institution payable
to the clerk and submitted with an
application
for a certificate
of title under division (B)
or (D) of this section. The clerk
also may
accept payment of the tax by corporate, business, or
personal check, credit
card, electronic transfer or wire
transfer,
debit card, or any other accepted
form of payment made
payable to
the clerk. The clerk may require bonds,
guarantees,
or letters of
credit to ensure the collection of corporate,
business, or
personal
checks. Any service fee charged by a
third party to a
clerk for the use of
any form of payment may be
paid by the clerk
from the certificate of title
administration
fund created in
section 325.33 of the Revised Code, or may be
assessed by the
clerk upon the applicant as an additional fee.
Upon
collection,
the additional fees shall be paid by the clerk
into that
certificate of title administration fund.
The clerk shall make a good faith effort to collect any
payment of taxes
due but not made because the payment was
returned
or dishonored, but the clerk
is not personally liable
for the
payment of uncollected taxes or uncollected
fees. The
clerk
shall
notify the tax commissioner of any such payment of
taxes that is
due but
not made and shall furnish
the
information to the
commissioner
that the
commissioner
requires.
The clerk shall deduct
the amount of taxes due but not
paid from
the clerk's periodic
remittance of tax payments, in
accordance
with
procedures agreed
upon by the tax commissioner.
The
commissioner may collect
taxes
due by assessment in the
manner
provided in section 5739.13 of the
Revised Code.
Any person who presents payment that is returned or
dishonored for any
reason is liable to the clerk for payment of a
penalty over and above the
amount of the taxes due. The clerk
shall determine the amount of the penalty,
and the penalty
shall
be no
greater than that amount necessary to compensate the
clerk
for
banking charges, legal fees, or other expenses
incurred by
the
clerk in
collecting the returned or dishonored
payment. The
remedies and procedures
provided in this section
are in addition
to any other available civil or
criminal
remedies. Subsequently
collected penalties, poundage
fees, and
title
fees, less
any
title
fee
due the state, from returned or
dishonored payments
collected
by
the clerk shall be paid into the
certificate of
title
administration fund.
Subsequently
collected taxes, less
poundage
fees,
shall be sent by the clerk
to the
treasurer of
state
at the next
scheduled periodic
remittance of tax payments,
with
information as the
commissioner may require. The clerk
may
abate
all or any part of
any penalty assessed under this
division.
(F) In the following cases, the clerk shall accept for
filing
an application and shall issue a certificate of title
without requiring payment or evidence of payment of the tax:
(1) When the purchaser is this state or any of its
political
subdivisions, a church, or an organization whose
purchases are
exempted by section 5739.02 of the Revised Code;
(2) When the transaction in this state is not a retail
sale
as defined by section 5739.01 of the Revised Code;
(3) When the purchase is outside this state or in
interstate
commerce and the purpose of the purchaser is not to
use, store, or
consume within the meaning of section 5741.01 of
the Revised Code;
(4) When the purchaser is the federal government;
(5) When the motor vehicle was purchased outside this
state
for use outside this state;
(6) When the motor vehicle is purchased by a nonresident
of
this state for immediate removal from this state, and will be
permanently titled and registered in another state, as provided
by
division (B)(23) of section 5739.02 of the Revised Code, and
upon
presentation of a copy of the affidavit provided by that
section,
and a copy of the exemption certificate provided by
section
5739.03 of the Revised Code.
The clerk shall forward all payments of taxes, less
poundage
fees, to the treasurer of state in a manner to be
prescribed
by
the
tax commissioner and shall furnish
information
to
the
commissioner as the commissioner requires.
(G) An application, as prescribed by the registrar
and
agreed to by the tax commissioner, shall be filled out and sworn
to by the buyer of a motor vehicle in a casual sale. The
application shall contain the following notice in bold lettering:
"WARNING TO TRANSFEROR AND TRANSFEREE (SELLER AND BUYER): You
are
required by law to state the true selling price. A false
statement is in
violation of section 2921.13 of
the Revised Code
and is punishable by six months' imprisonment or
a fine of up to
one thousand dollars, or both. All transfers are
audited by the
department of taxation. The seller and buyer must
provide any
information requested by the department of taxation. The buyer
may be assessed any additional tax found to be due."
(H) For sales of manufactured homes or mobile homes
occurring
on or after January 1, 2000, the clerk shall accept for
filing,
pursuant to
Chapter 5739. of the Revised Code, an
application for a
certificate of title for a manufactured home or
mobile home
without requiring payment of any tax pursuant to
section
5739.02, 5741.021, 5741.022, or 5741.023 of the
Revised
Code, or a receipt issued by
the tax commissioner showing payment
of the tax. For sales of
manufactured homes or mobile homes
occurring on or after January 1,
2000, the applicant shall pay to
the clerk an additional fee of five dollars
for each certificate
of title issued by the clerk for a
manufactured or mobile home
pursuant to division (H) of section 4505.11 of the Revised Code
and for each certificate of title issued upon transfer of
ownership of
the home. The clerk shall credit the fee to the
county
certificate of title administration fund, and the fee shall
be used to
pay
the expenses of archiving
those certificates
pursuant to
division
(A) of section 4505.08
and division (H)(3)
of section
4505.11 of
the Revised Code. The tax commissioner
shall
administer any tax
on a manufactured or mobile home
pursuant to
Chapters 5739. and
5741. of the
Revised Code.
(I) Every clerk shall have the capability to transact by
electronic means all procedures and transactions relating to the
issuance of
motor vehicle certificates of title that are
described
in the Revised Code as being accomplished by
electronic means.
Sec. 4506.14. (A) Commercial driver's licenses shall
expire
as follows:
(1) Except as provided in division (A)(3) of this section,
each such license issued to replace an operator's or chauffeur's
license shall expire on the original expiration date of the
operator's or chauffeur's license and, upon renewal, shall expire
on the licensee's birthday in the fourth year after the date of
issuance.
(2) Except as provided in division (A)(3) of this section,
each such license issued as an original license to a person whose
residence
is in this state shall expire on
the licensee's birthday
in the fourth year after the date of issuance,
and each such
license issued to a
person whose temporary residence is in this
state shall expire
in accordance with rules adopted by the
registrar of motor
vehicles. A license issued to a person with a
temporary
residence in this state is nonrenewable, but may be
replaced
with a new license within ninety days prior to its
expiration
upon the applicant's compliance with all applicable
requirements.
(3) Each such license issued to replace the operator's or
chauffeur's license of a person who is less than twenty-one years
of age, and each such license issued as an original license to a
person who is less than twenty-one years of age, shall expire on
the licensee's twenty-first birthday.
(B) No commercial driver's license shall be issued for
a
period longer than four years and ninety days. Except as provided
in
section
4507.12 of the Revised Code, the registrar may
waive
the examination of any person applying for the renewal of a
commercial driver's license issued under this chapter, provided
that the applicant presents either an unexpired commercial
driver's license or a commercial driver's license that has
expired
not more than six months prior to the date of application.
(C) Subject to the requirements of this chapter and except
as provided in
division (A)(2) of this section in regard to a
person whose temporary
residence is in this state, every
commercial driver's license shall be
renewable ninety days before
its expiration upon payment
of the fees required by section
4506.08 of the Revised Code. Each person
applying for renewal of
a commercial driver's license shall complete the
application form
prescribed by section 4506.07 of the Revised Code and shall
provide all certifications required. If the person wishes to
retain an
endorsement authorizing the person to
transport
hazardous materials, the person shall take and
successfully
complete the written test for the endorsement and shall submit to any background check required by federal law.
(D) Each person licensed as a driver under this chapter
shall notify the registrar of any change in the
person's address
within ten days following that change. The
notification shall be
in writing on a form provided by the
registrar and shall include
the full name, date of birth, license
number, county of residence,
social security number, and new
address of the person.
Sec. 4506.15. No person shall do any of the following:
(A) Drive a commercial motor vehicle while having a
measurable or
detectable amount of alcohol or of a controlled
substance in
his
the
person's blood,
breath,
or urine;
(B) Drive a commercial motor vehicle while having an alcohol
concentration
of four-hundredths of one per cent or more;
(C) Drive a commercial motor vehicle while under the
influence of a
controlled substance;
(D) Knowingly leave the scene of an accident involving a
commercial motor
vehicle driven by the person;
(E) Use a commercial motor vehicle in the commission of a
felony;
(F) Refuse to submit to a test under section 4506.17 of the
Revised Code;
(G) Violate an out-of-service order issued under this
chapter;
(H) Violate any prohibition described in divisions (B) to
(G) of this
section while transporting hazardous materials;
(I) Use a commercial motor vehicle in the commission of a
felony involving the manufacture, distribution, or dispensing of a
controlled substance as defined in section 3719.01 of the Revised
Code;
(J) Drive a commercial motor vehicle in violation of any
provision of sections 4511.61 to 4511.63 of the Revised Code or
any federal or local law or ordinance pertaining to
railroad-highway grade crossings.
Sec. 4506.16. (A) Whoever violates division (A) of
section
4506.15 of the Revised Code or a similar law of another
state or a
foreign jurisdiction, immediately shall be placed
out-of-service
for twenty-four hours, in addition to any
disqualification
required by this section and any other penalty
imposed by the
Revised Code.
(B) The registrar of motor vehicles shall disqualify any
person from operating a commercial motor vehicle as follows:
(1) Upon a first conviction for a violation of divisions
(B)
to (G) of section 4506.15 of the Revised Code or a similar
law of
another state or a foreign jurisdiction, one year, in
addition to
any other penalty imposed by the Revised Code;
(2) Upon a first conviction for a violation of division
(H)
of section 4506.15 of the Revised Code or a similar law of
another
state or a foreign jurisdiction, three years, in addition
to any
other penalty imposed by the Revised Code;
(3) Upon
and upon a second conviction
for a violation of
divisions
(B) to (G) of section 4506.15 of the Revised Code or a
similar
law of another state or a foreign jurisdiction, or any
combination of such violations arising from two or more separate
incidents, the person shall be disqualified for life or for any
other period of time as determined by the United States secretary
of transportation and designated by the director of public safety
by rule, in addition to any other penalty imposed by the Revised
Code;
(4)(2) Upon a first conviction for a violation of division
(H) of section 4506.15 of the Revised Code or a similar law of
another state or a foreign jurisdiction, three years;
(3) Upon conviction of a violation of division
(E)(I) of
section 4506.15 of the Revised Code or a similar law of another
state or a foreign jurisdiction
in connection with the
manufacture, distribution, or dispensing of a controlled
substance
or the possession with intent to manufacture,
distribute, or
dispense a controlled substance, the person shall
be disqualified
for life, in addition to any other penalty
imposed by the Revised
Code;
(4) Upon a first conviction for a violation of division (J)
of section 4506.15 of the Revised Code or a similar law of another
state or a foreign jurisdiction, occurring in a three-year period,
the person shall be disqualified for not less than sixty days,
upon a second conviction occurring in the three-year period, the
person shall be disqualified for not less than one hundred twenty
days, and upon a subsequent conviction occurring within a
three-year period, the person shall be disqualified for not less
than one year;
(5) Upon conviction of two serious traffic violations
involving the operation of a commercial motor vehicle by the
person and arising from separate incidents occurring in a
three-year period, the person shall be disqualified for sixty
days, in addition to any other penalty imposed by the Revised
Code;
(6) Upon conviction of three serious traffic violations
involving the operation of a commercial motor vehicle by the
person and arising from separate incidents occurring in a
three-year period, the person shall be disqualified for one
hundred twenty days, in addition to any other penalty imposed by
the Revised Code.
(C) For the purposes of this section, conviction of a
violation for which disqualification is required may be evidenced
by any of the following:
(1) A judgment entry of a court of competent jurisdiction in
this or any
other state;
(2) An administrative order of a state agency of this or any
other state having
statutory jurisdiction over commercial drivers;
(3) A computer record obtained from or through the
commercial driver's license information system;
(4) A computer record obtained from or through a state
agency of this or any other state
having statutory jurisdiction
over commercial drivers or
the records of commercial drivers.
(D) Any record described in division (C) of this section
shall be deemed to be self-authenticating when it is received by
the bureau of motor vehicles.
(E) When disqualifying a driver, the registrar shall cause
the records of the bureau to be updated to reflect that action
within ten days after it occurs.
(F) The registrar immediately shall notify a driver who is
finally convicted of any offense described in section 4506.15 of
the Revised Code or division (B)(3), (4), (5), or (6) of this
section
and thereby is subject to disqualification, of the offense
or
offenses involved, of the length of time for which
disqualification is to be imposed, and that the driver may
request
a hearing within thirty days of the mailing of the notice
to show
cause why the driver should not be disqualified from
operating a
commercial motor vehicle. If a request for such a hearing is not
made within thirty days of the mailing of the notice, the order
of
disqualification is final. The registrar may designate
hearing
examiners who, after affording all parties reasonable
notice,
shall conduct a hearing to determine whether the
disqualification
order is supported by reliable evidence. The
registrar shall
adopt rules to implement this division.
(G) Any person who is disqualified from operating a
commercial motor vehicle under this section may apply to the
registrar for a driver's license to operate a motor vehicle other
than a commercial motor vehicle, provided the person's commercial
driver's license is not otherwise suspended or revoked. A person
whose commercial driver's license is suspended or revoked shall
not apply to the registrar for or receive a driver's license
under
Chapter 4507. of the Revised Code during the period of
suspension
or revocation.
(H) The disqualifications imposed under this section are in
addition to any other penalty imposed by the Revised Code.
Sec. 4506.20. (A) Each employer shall require every
applicant for
employment as a driver of a commercial motor vehicle
to provide the
information
specified in section 4506.20 of the
Revised Code.
(B) No employer shall knowingly permit or authorize any
driver employed
by
him
the employer to drive a commercial motor
vehicle during any
period in which any of the
following apply:
(1) The driver's commercial driver's license is suspended,
revoked, or
canceled by any state or a foreign jurisdiction;
(2) The driver has lost
his
the privilege to drive, or
currently is
disqualified from driving, a commercial motor vehicle
in any state or foreign
jurisdiction;
(3) The driver is subject to an out-of-service order in any
state or
foreign jurisdiction;
(4) The driver has more than one driver's license.
(C) No employer shall knowingly permit or authorize a
driver to operate a commercial motor vehicle in violation of
section 4506.15 of the Revised Code.
(D) Whoever violates division (C) of this section may be assessed a fine not to exceed ten thousand dollars.
Sec. 4506.24. (A) A restricted
commercial driver's license
and waiver for farm-related service
industries may be issued by
the registrar of motor vehicles to
allow a person to operate a
commercial motor vehicle during
seasonal periods determined by the
registrar and subject to the
restrictions set forth in this
section.
(B) Upon receiving an application for a restricted
commercial driver's license under section 4506.07 of the Revised
Code and payment of a fee as provided in section 4506.08 of the
Revised Code, the registrar may issue such license to any person
who meets all of the following requirements:
(1) Has at least one year of driving experience in any
type
of vehicle;
(2) Holds a valid driver's license, other than a
restricted
license, issued under Chapter 4507. of the Revised
Code;
(3) Certifies that during the
one-year
two-year period
immediately
preceding application, all of the following apply:
(a) The person has not had more than one license;
(b) The person has not had any license suspended, revoked,
or
canceled;
(c) The person has not had any convictions for any type of
motor
vehicle for the offenses for which disqualification is
prescribed
in section 4506.16 of the Revised Code;
(d) The person has not had any violation of a state or local
law
relating to motor vehicle traffic control other than a parking
violation arising in connection with any traffic accident and has
no record of an accident in which the person was at fault.
(4) Certifies and also provides evidence that the person is
employed in one or more of the following farm-related service
industries requiring the person to operate a commercial
motor
vehicle:
(b) Farm retail outlets and suppliers;
(c) Agri-chemical business;
(C) An annual waiver for farm-related service industries
may
be issued to authorize the holder of a restricted commercial
driver's license to operate a commercial motor vehicle during
seasonal periods designated by the registrar. The registrar
shall
determine the format of the waiver. The total number of
days that
a person may operate a commercial motor vehicle
pursuant to a
waiver for farm-related service industries shall
not exceed one
hundred eighty days in any twelve-month period.
Each time the
holder of a restricted commercial driver's license
applies for a
waiver for farm-related service industries, the
registrar shall
verify that the person meets all of the
requirements set forth in
division (B) of this section. The
restricted commercial driver's
license and waiver shall be
carried at all times when a commercial
motor vehicle is being
operated by the holder of the license and
waiver.
(D) The holder of a restricted commercial driver's license
and valid waiver for farm-related service industries may operate
a
class B or C commercial motor vehicle subject to all of the
following restrictions:
(1) The commercial motor vehicle is operated within a
distance of no more than one hundred fifty miles of the
employer's
place of business or the farm currently being served;
(2) The operation of the commercial motor vehicle does not
involve transporting hazardous materials for which placarding is
required, except as follows:
(a) Diesel fuel in quantities of one thousand gallons or
less;
(b) Liquid fertilizers in vehicles or implements of
husbandry with total capacities of three thousand gallons or
less;
(c) Solid fertilizers that are not transported with any
organic substance.
(E) Except as otherwise provided in this section an
applicant for or holder of a restricted commercial driver's
license and waiver for farm-related service industries is subject
to the provisions of this chapter. Divisions (A)(4) and (B)(1)
of
section 4506.07 and sections 4506.09 and 4506.10 of the
Revised
Code do not apply to an applicant for a restricted
commercial
driver's license and waiver.
Sec. 4508.08. There is hereby created in the department of
public safety the motorcycle safety and education program. The
director of public safety shall administer the program in
accordance with the following guidelines:
(A) The program shall include courses of instruction
conducted at vocational schools, community colleges, or other
suitable locations, by instructors who have obtained
certification in the manner and form prescribed by the director.
The courses shall meet standards established in rules adopted by the motorcycle
safety foundation for courses of instruction department in motorcycle safety
and education accordance with Chapter 119. of the Revised Code. The courses may include instruction for novice
motorcycle operators, instruction in motorist awareness and
alcohol and drug awareness, and any other kind of instruction the
director considers appropriate. A reasonable tuition fee of not more than
twenty-five dollars per student, as determined by the director, may be charged for each course if
sufficient funds are not available in. The director may authorize private organizations or corporations to offer courses without tuition fee restrictions, but such entities are not eligible for reimbursement of expenses or subsidies from the motorcycle safety and
education fund created in section 4501.13 of the Revised Code to
pay all of the costs of conducting the motorcycle safety and
education program.
(B) In addition to courses of instruction, the program may
include provisions for equipment purchases, marketing and
promotion, improving motorcycle license testing procedures, and
any other provisions the director considers appropriate.
(C) The director shall evaluate the program every two
years and shall periodically inspect the facilities, equipment,
and procedures used in the courses of instruction.
(D) The director shall appoint at least one training
specialist who shall oversee the operation of the program,
establish courses of instruction, and supervise instructors. The
training specialist shall be a licensed motorcycle operator and
shall obtain certification in the manner and form prescribed by
the director.
(E) The director may contract with other public agencies
or with private organizations or corporations to assist in
administering the program.
(F) Notwithstanding any provision of Chapter 102. of the
Revised Code, the director, in order to administer the program,
may participate in a motorcycle manufacturer's motorcycle loan
program.
(G) The director shall contract with an insurance company
or companies authorized to do business in this state to purchase
a policy or policies of insurance with respect to the
establishment or administration, or any other aspect of the
operation of the program.
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. 4511.198. If the United States congress repeals the mandate established by Title III, Section 351 of the "Department of Transportation Appropriations Act of 2000," Public Law 106-346, 114 Stat. 1356, requiring the secretary of transportation, beginning in fiscal year 2004, to withhold a percentage of a state's federal-aid highway money if that state has not enacted and is not enforcing a law that provides that any person with a blood alcohol concentration of eight-hundredths of one per cent or greater while operating a motor vehicle in the state is deemed to have committed a per se offense of driving while intoxicated or an equivalent per se offense, or if a federal court with jurisdiction over the entirety of this state declares the mandate to be unconstitutional or otherwise invalid, then, in lieu of the prohibited alcohol concentrations specified in sections 1547.11, 4511.19, 4511.191, and 4511.197 of the Revised Code, the prohibited concentrations shall be as follows:
(A) The prohibited alcohol concentration in a person's whole blood is ten-hundredths of one per cent by weight of alcohol per unit volume.
(B) The prohibited alcohol concentration in a person's breath is ten-hundredths of one gram by weight of alcohol per two hundred ten liters of breath.
(C) The prohibited alcohol concentration in a person's blood serum or plasma is twelve-hundredths of one per cent by weight per unit volume.
(D) The prohibited alcohol concentration in a person's urine is fourteen-hundredths of one gram by weight of alcohol per one hundred milliliters of urine.
Sec. 4511.33. Whenever any roadway has been divided into
two
or more clearly marked lanes for traffic, or wherever within
municipal corporations traffic is lawfully moving in two or more
substantially continuous lines in the same direction, the
following rules apply:
(A) A vehicle or trackless trolley shall be driven, as
nearly as is practicable, entirely within a single lane or line
of
traffic and shall not be moved from such lane or line until
the
driver has first ascertained that such movement can be made
with
safety.
(B) Upon a roadway which is divided into three lanes and
provides for two-way movement of traffic, a vehicle or trackless
trolley shall not be driven in the center lane except when
overtaking and passing another vehicle or trackless trolley where
the roadway is clearly visible and such center lane is clear of
traffic within a safe distance, or when preparing for a left
turn,
or where such center lane is at the time allocated
exclusively to
traffic moving in the direction the vehicle or
trackless trolley
is proceeding and is posted with signs to give
notice of such
allocation.
(C) Official signs may be erected directing specified
traffic to use a designated lane or designating those lanes to be
used by traffic moving in a particular direction regardless of
the
center of the roadway, or restricting the use of a particular lane to only buses during certain hours or during all hours, and drivers of vehicles and trackless
trolleys shall obey the directions of such signs.
(D) Official traffic control devices may be installed
prohibiting the changing of lanes on sections of roadway and
drivers of vehicles shall obey the directions of every such
device.
Sec. 4511.62. (A)(1) Whenever any person driving a vehicle
or
trackless trolley approaches a railroad grade crossing, the
person shall
stop within
fifty feet, but not less than
fifteen
feet from the nearest rail of the railroad if
any of the following
circumstances exist at the crossing:
(a) A clearly visible electric or mechanical signal device
gives warning of the immediate approach of a train.
(b) A crossing gate is lowered.
(c) A flagperson gives or
continues to give a signal of the
approach or
passage of a train.
(d) There is insufficient space on the other side of
the
railroad grade crossing to accommodate the
vehicle or trackless
trolley the person is operating without
obstructing the passage of
other vehicles, trackless trolleys, pedestrians, or
railroad
trains, notwithstanding any traffic control signal indication to
proceed.
(e) An approaching train is emitting an audible signal
or is
plainly visible and is in hazardous
proximity to the crossing.
(f) There is insufficient undercarriage clearance to safely negotiate
the crossing.
(2) A person who is driving a vehicle or trackless trolley
and who
approaches a railroad grade crossing shall not proceed as
long as any of the
circumstances
described
in divisions (A)(1)(a)
to
(e)(f) of this
section exist at the crossing.
(B) No person shall drive any vehicle through, around, or
under
any crossing gate or barrier at a railroad crossing while
the gate or barrier
is closed or is being opened or closed unless
the person is signaled by a
law enforcement officer or flagperson
that it is permissible to do so.
Sec. 4511.63. (A) The operator
of any motor vehicle or
trackless trolley, carrying passengers, for hire, of any
school
bus,
any vehicle described in division (C) of this section, or
of
any vehicle
carrying explosives or flammable liquids
as a
cargo or
as such part of a cargo as
transporting material required to
constitute a hazard
be placarded under 49
CFR Parts 100-185,
before crossing at grade any track of a
railroad, shall stop the
vehicle
or trackless trolley and, while
so stopped, shall listen
through an open door or open window and
look in both directions
along the track for any approaching train,
and for signals
indicating the approach of a train, and shall
proceed only upon
exercising due care after stopping, looking, and
listening as
required by this section. Upon proceeding, the
operator of such
a
vehicle shall cross only in a gear that will
ensure there will
be
no necessity for changing gears while
traversing the crossing
and
shall not shift gears while crossing
the tracks.
(B) This section does not apply at
any
of the following:
(1) Street
street railway grade crossings within a municipal
corporation, or to abandoned tracks, spur tracks, side tracks,
and
industrial tracks when the public utilities commission has
authorized and approved the crossing of the tracks without making
the stop required by this section;
(2) Through June 30, 1995, a street railway grade crossing
where out-of-service signs are posted in accordance with section
4955.37 of the Revised Code.
(C) This section applies to any vehicle used for the
transportation of pupils to and from a school or school-related
function if the vehicle is owned or operated by, or operated under
contract with, a public or nonpublic school.
(D) For purposes of this section, "bus" means any vehicle
originally designed by its manufacturer to transport sixteen or
more passengers, including the driver, or carries sixteen or more
passengers, including the driver.
Sec. 4519.55. Application for a certificate of title for an
off-highway motorcycle or all-purpose vehicle shall be made upon a
form
prescribed by the registrar of motor vehicles
and shall be
sworn to before a
notary public or other officer empowered to
administer oaths. The application
shall be filed with the clerk
of
any court of common pleas.
An application for a certificate of
title may
be filed
electronically by any electronic means
approved by the
registrar in any county
with the clerk of the
court of common
pleas of that county.
If an application for a
certificate of title is
filed
electronically by an electronic dealer on behalf of the
purchaser
of an off-highway motorcycle or all-purpose vehicle, the clerk
shall retain the completed electronic record to which the dealer
converted the certificate of title application and other required
documents. The electronic dealer shall forward retain the actual original title
application and all other documents relating to the sale of the
off-highway motorcycle or all-purpose vehicle to any clerk within
thirty days after the certificate of title is issued. The
registrar, after consultation with the attorney general, shall
adopt rules that govern the location at which, and the manner in
which, are stored the actual application and all other documents
relating to the sale of an off-highway motorcycle or all-purpose
vehicle when an electronic dealer files the application for a
certificate of title electronically on behalf of the purchaser for a period of time determined by the registrar and shall make all of the documents available for inspection by the registrar upon the registrar's request. The registrar shall make the original application documents available to the attorney general upon the request of the attorney general.
The application shall be accompanied by the fee prescribed in
section
4519.59
of the Revised Code.
The fee shall be
retained
by
the clerk who issues the certificate of title and
shall be
distributed in
accordance with that section.
If a
clerk
of a
court of common pleas, other than the clerk of the
court of
common pleas of an applicant's county of residence,
issues a
certificate of
title to the applicant, the clerk shall
transmit
data related to the
transaction to the
automated
title
processing system.
If a certificate of title
previously has been
issued for
an off-highway motorcycle or all-purpose
vehicle, the
application
also shall be accompanied by the certificate of title
duly
assigned, unless otherwise provided in this chapter. If a
certificate of
title previously has not been issued for the
off-highway
motorcycle or
all-purpose vehicle, the application,
unless otherwise provided in this
chapter,
shall be accompanied
by
a manufacturer's or importer's certificate; by a
sworn
statement
of ownership;
or by a certificate
of title, bill of
sale, or other
evidence of ownership required by law of
another
state from which
the off-highway motorcycle or
all-purpose
vehicle was brought into
this state. The registrar, in
accordance with
Chapter 119. of the
Revised Code, shall
prescribe
the types of additional
documentation sufficient to
establish proof of ownership,
including, but not
limited to,
receipts from the purchase of parts
or components, photographs,
and affidavits of other persons.
For purposes of the transfer of a
certificate of
title, if
the clerk is satisfied that a secured party has duly discharged a
lien notation but has not canceled the lien notation with
a
clerk, the clerk may cancel the lien
notation
on the automated
title processing system and notify
the
clerk of the county of
origin.
In the case of the sale of an off-highway motorcycle or
all-purpose vehicle by a dealer to a general purchaser or user,
the
certificate
of title shall be obtained in the name of the
purchaser by the dealer upon
application signed by the purchaser.
In all other cases, the
certificate shall
be obtained by the
purchaser. In all cases of transfer of an
off-highway motorcycle
or all-purpose vehicle, the application for
certificate
of title
shall be filed within thirty days after the later of the date of
purchase
or assignment of ownership of the off-highway motorcycle
or
all-purpose vehicle. If the application for certificate of
title is not filed
within thirty days after the later of the date
of purchase or assignment of
ownership of the off-highway
motorcycle or all-purpose vehicle,
the clerk shall charge a late
filing fee of five dollars in addition to the
fee
prescribed by
section 4519.59 of the Revised
Code. The clerk shall retain the
entire
amount of each late filing fee.
Except in the case of an off-highway motorcycle or
all-purpose
vehicle purchased prior to
July
1, 1999, the clerk
shall
refuse to accept an
application for certificate of title
unless the applicant
either
tenders with the application payment
of all taxes levied by or
pursuant
to Chapter 5739. or 5741. of
the Revised Code
based on
the purchaser's
county of residence,
or submits either of the
following:
(A) A receipt issued by the tax
commissioner or a clerk of
courts showing payment of the tax;
(B) An exemption certificate, in any form prescribed by the
tax
commissioner, that specifies why the purchase is not subject
to the tax
imposed by Chapter 5739. or 5741. of the Revised Code.
Payment of the tax shall be made in accordance with division
(E)
of section 4505.06 of the Revised Code and any rules issued
by
the tax
commissioner. When a dealer submits payment of the
tax to
the clerk,
the dealer shall retain any discount to which
the
dealer is
entitled under section 5739.12 of the
Revised
Code. The
clerk shall issue a receipt in the form prescribed by
the
tax
commissioner to any applicant who tenders payment of the
tax with
the
application for a certificate of title. If the
application
for a certificate
of
title is for an off-highway
motorcycle or
all-purpose vehicle
purchased prior to
July
1,
1999, the clerk shall
accept
the application
without payment of
the taxes levied by or
pursuant to
Chapter
5739. or 5741. of the
Revised Code
or
presentation of either of
the items listed in
division
(A) or
(B) of
this section.
For receiving and disbursing such taxes paid to the clerk
by
a resident of the clerk's county,
the clerk may
retain a poundage
fee of one and one-hundredth per
cent of the taxes
collected,
which shall be
paid into the
certificate of title administration
fund created by section
325.33
of the Revised Code.
The clerk
shall not retain a poundage fee from payments of taxes by persons
who do not reside in the clerk's county.
A clerk, however, may retain from the taxes paid to the
clerk
an amount equal to the poundage fees associated with
certificates
of title issued by other clerks of courts of common
pleas to
applicants who reside in the first clerk's county. The
registrar,
in consultation with the tax commissioner and the
clerks of the
courts of common pleas, shall develop a report from
the automated
title processing system that informs each clerk of
the amount of
the poundage fees that the clerk is permitted to
retain from those
taxes because of certificates of title issued by
the clerks of
other counties to applicants who reside in the first
clerk's
county.
In the case of casual sales of
off-highway motorcycles or
all-purpose vehicles that are subject
to the tax imposed by
Chapter 5739. or 5741. of the
Revised Code,
the purchase price
for
the purpose of determining the tax shall be the
purchase
price on
an affidavit executed and filed with the clerk by the
seller on a
form
to be prescribed by the registrar, which shall
be
prima-facie
evidence of the price for the determination of
the tax.
In addition to the
information required by section 4519.57
of
the
Revised Code,
each certificate of title shall contain in
bold
lettering the following
notification and statements:
"WARNING TO
TRANSFEROR AND TRANSFEREE
(SELLER AND BUYER): You
are required by
law
to state the true selling
price. A false
statement is in
violation of section 2921.13 of the Revised
Code
and is punishable
by six months
imprisonment or a fine of up to
one thousand
dollars, or both. All transfers
are audited by the
department of
taxation. The seller and buyer must provide
any
information
requested by the department of taxation. The buyer
may be
assessed any additional tax found to be due."
The clerk shall forward all payments of taxes, less
poundage
fees, to the
treasurer of state in a manner to be prescribed by
the tax commissioner and
shall furnish
information to the
commissioner as the
commissioner may require.
Every clerk shall have the capability to transact by
electronic means all
procedures and transactions relating to the
issuance of certificates of title
for off-highway motorcycles and
all-purpose vehicles that are described in the
Revised Code as
being accomplished by electronic means.
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 initial issuance or biennial renewal of an initial embalmer's or funeral
director's license, five one hundred forty dollars;
(2) For the issuance of an embalmer or funeral director
registration,
twenty-five one hundred dollars;
(3) For filing an embalmer or funeral director certificate
of
apprenticeship, ten fifty dollars;
(4) For the application to take the examination for a
license to practice as an embalmer or funeral director, or to
retake a section of the examination, thirty-five dollars;
(5) For the
biennial renewal of an embalmer's or funeral
director's license,
one hundred twenty 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)(6) 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)(7) 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)(8) 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)(9) 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)(10) 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)(11) 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)(12) 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 a manager or actually in charge of and ultimately responsible for a 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 3701.881
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. 4723.01. As used in this chapter:
(A)
"Registered nurse" means an individual who holds a
current, valid license issued under this chapter that authorizes
the practice of nursing as a registered nurse.
(B)
"Practice of nursing as a registered nurse" means
providing to individuals and groups nursing care requiring
specialized knowledge, judgment, and skill derived from the
principles of biological, physical, behavioral, social, and
nursing sciences. Such nursing care includes:
(1) Identifying patterns of human responses to actual or
potential health problems amenable to a nursing regimen;
(2) Executing a nursing regimen through the selection,
performance, management, and evaluation of nursing actions;
(3) Assessing health status for the purpose of providing
nursing care;
(4) Providing health counseling and health teaching;
(5) Administering medications, treatments, and executing
regimens authorized by an individual who is
authorized to practice
in this state and is acting within the course of the
individual's
professional practice;
(6) Teaching, administering, supervising, delegating, and
evaluating nursing practice.
(C)
"Nursing regimen" may include preventative,
restorative,
and health-promotion activities.
(D)
"Assessing health status" means the collection of data
through nursing assessment techniques, which may include
interviews, observation, and physical evaluations for the purpose
of providing nursing care.
(E)
"Licensed practical nurse" means an individual who
holds
a current, valid license issued under this chapter that
authorizes
the practice of nursing as a licensed practical nurse.
(F)
"The practice of nursing as a licensed practical
nurse"
means providing to individuals and groups nursing care
requiring
the application of basic knowledge of the biological,
physical,
behavioral, social, and nursing sciences at the
direction of a
licensed physician, dentist, podiatrist,
optometrist,
chiropractor, or registered nurse. Such nursing
care includes:
(1) Observation, patient teaching, and care in a diversity
of health care settings;
(2) Contributions to the planning, implementation, and
evaluation of nursing;
(3) Administration of medications and treatments
authorized
by an individual who is
authorized to practice in this state and
is acting within the course of the
individual's professional
practice, except that administration of
intravenous therapy shall
be performed only in accordance with section
4723.17 or 4723.171
of the Revised Code. Medications may be administered by a
licensed
practical nurse upon proof of completion of a course in
medication administration approved by the board of nursing.
(4) Administration to an adult of intravenous therapy
authorized by an individual who is authorized to practice in this
state and is acting within the course of the individual's
professional
practice, on the condition that the licensed
practical nurse is authorized
under section 4723.17 or 4723.171 of
the Revised Code to perform intravenous therapy
and performs
intravenous
therapy only in accordance with those sections.
(G)
"Certified registered
nurse anesthetist" means a
registered nurse who holds a valid
certificate of authority issued
under this chapter that
authorizes the practice of nursing as a
certified registered
nurse anesthetist in accordance with section
4723.43 of the
Revised Code and rules adopted by the board of
nursing.
(H)
"Clinical nurse specialist" means a registered
nurse who
holds a valid certificate of authority issued under
this chapter
that authorizes the practice of nursing as a
clinical nurse
specialist in accordance with section 4723.43 of
the Revised Code
and rules adopted by the board
of nursing.
(I)
"Certified nurse-midwife" means a registered nurse who
holds a valid certificate of authority issued under this chapter
that authorizes the practice of nursing as a certified
nurse-midwife in
accordance with section 4723.43 of the Revised
Code and rules adopted by the board of nursing.
(J)
"Certified nurse practitioner" means a registered nurse
who holds a valid certificate of authority issued under this
chapter that authorizes the practice of nursing as a certified
nurse
practitioner in accordance with section 4723.43 of the
Revised Code and rules adopted by the board of
nursing.
(K)
"Physician" means an individual
authorized under Chapter
4731. of
the Revised Code to practice
medicine and surgery or
osteopathic medicine and surgery.
(L)
"Collaboration" or
"collaborating" means the
following:
(1) In the case of a clinical nurse specialist, except
as
provided in division (L)(3) of this section, or a
certified nurse
practitioner, that one or more podiatrists acting
within the scope
of
practice of podiatry in accordance with section 4731.51 of the
Revised Code and with whom the nurse has entered into a
standard
care arrangement or one or more physicians
with whom the nurse has
entered into a
standard care arrangement are continuously
available to communicate with the clinical nurse specialist or
certified nurse practitioner either in person or by radio,
telephone, or
other form of telecommunication;
(2) In the case of a certified nurse-midwife, that one
or
more physicians with whom the certified nurse-midwife has entered
into
a standard care arrangement are
continuously available to
communicate with the certified nurse-midwife
either in person or
by radio, telephone, or other form of
telecommunication;
(3) In the case of a clinical nurse specialist who practices
the nursing specialty of mental health or psychiatric
mental
health without being authorized to prescribe drugs and therapeutic
devices, that one or more physicians are
continuously
available to
communicate with the nurse either in person or by radio,
telephone, or other form of telecommunication.
(M)
"Supervision," as it pertains to a certified
registered
nurse
anesthetist, means that the certified
registered nurse
anesthetist is under the direction of a podiatrist acting
within
the podiatrist's scope of practice in accordance with section
4731.51
of the Revised
Code, a dentist acting within the dentist's
scope of practice in accordance with Chapter
4715. of the Revised
Code, or a physician, and, when administering
anesthesia, the
certified registered nurse anesthetist is in the immediate
presence of the podiatrist, dentist, or physician.
(N)
"Standard care arrangement," except as it
pertains to an
advanced practice nurse, means a
written, formal guide for
planning and evaluating a patient's health care that
is developed
by one or more collaborating
physicians or podiatrists and a
clinical nurse
specialist, certified nurse-midwife, or certified
nurse practitioner and meets
the requirements of section 4723.431
of the
Revised Code.
(O)
"Advanced practice nurse," until three years and eight
months
after May 17, 2000, means a
registered nurse who is
approved by the
board of nursing under section 4723.55 of the
Revised Code
to practice as an advanced practice nurse.
(P)
"Dialysis care" means the care and procedures that a
dialysis technician is authorized to provide and perform, as
specified in
section 4723.72 of the Revised Code.
(Q)
"Dialysis technician" means an individual who holds a
current, valid certificate or temporary certificate issued under
this chapter
that authorizes the individual to practice as a
dialysis technician in
accordance with section 4723.72 of the
Revised Code.
(R) "Certified community health worker" means an individual who holds a current, valid certificate as a community health worker issued by the board of nursing under section 4723.85 of the Revised Code.
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, and community health worker 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, and for certified community health workers;
(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; and community health worker 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, and certified community health workers.
(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 4723.07 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 that are directly related to the statutes and rules pertaining to the practice of nursing in this state.
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 grants to nurse education programs that have partnerships with other education programs, community health agencies, or health care facilities. Grant recipients shall use the money to fund partnerships to increase the nurse education program's enrollment capacity. Methods of increasing a program's enrollment capacity may include hiring faculty and preceptors, purchasing educational equipment and materials, and other actions acceptable to the board. Grant money shall not be used to construct or renovate buildings. 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 awarded to a nurse education program that has a partnership with other education programs, a community health agency, or a 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) The percentage of available grants to be awarded to licensed practical nurse education programs, registered nurse education programs, and graduate programs;
(7) 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. 4723.07. In accordance with Chapter 119. of the
Revised
Code, the board of nursing shall adopt and may amend and
rescind
rules that establish all of the following:
(A) Provisions for the board's
government and control of
its
actions and business affairs;
(B) Minimum curricula and standards for
nursing education
programs that prepare graduates to be licensed under this chapter
and
procedures for granting,
renewing,
and withdrawing approval
of those programs;
(C) Criteria that applicants for
licensure must meet to be
eligible to take examinations for licensure;
(D) Standards and procedures for renewal of the licenses and
certificates issued by the board;
(E) Standards for approval of continuing
nursing education
programs and courses for registered nurses,
licensed practical
nurses, certified registered nurse anesthetists,
clinical nurse
specialists, certified nurse-midwives, and certified nurse
practitioners. The standards may provide for
approval of
continuing nursing education programs and courses that have
been
approved by other state boards of nursing or by national
accreditation systems for nursing, including, but not limited to,
the American nurses' credentialing center and the national
association for practical nurse education and service.
(F) Standards that persons must meet to
be
authorized by
the board to approve continuing nursing education
programs and
courses and a schedule by which that
authorization expires and
may be renewed;
(G) Requirements, including
continuing
education
requirements, for restoring inactive nursing licenses and, dialysis
technician certificates, and community health worker certificates, and for restoring nursing licenses
and,
dialysis
technician certificates, and community health worker certificates that have lapsed through failure to renew;
(H) Conditions that may be imposed for
reinstatement of a nursing
license or, dialysis technician certificate, or community health worker certificate
following action taken
under sections section 3123.47,
4723.28, and 4723.281, or 4723.86 of the Revised Code
resulting in a license or certificate
suspension from
practice;
(I) Standards for approval
of peer support
programs for
persons who hold a nursing license or, dialysis technician
certificate, or community health worker certificate;
(J) Requirements for
board
approval of courses in medication
administration by licensed
practical nurses;
(K) Criteria for evaluating
the qualifications of an
applicant
for a
license to practice nursing as a registered
nurse or
licensed
practical nurse, a certificate of authority
issued under
division
(E) of section 4723.41 of the Revised Code,
or a dialysis technician
certificate, or a community health worker certificate by the board's endorsement of
the applicant's authority to
practice issued by the licensing
agency of another state;
(L) Universal blood and
body fluid
precautions that shall be
used by each person holding a nursing license or
dialysis
technician certificate issued under this
chapter who performs
exposure-prone invasive procedures. The
rules shall define and
establish requirements for universal blood
and body fluid
precautions that include the following:
(1) Appropriate use of hand washing;
(2) Disinfection and sterilization of equipment;
(3) Handling and disposal of needles and other sharp
instruments;
(4) Wearing and disposal of gloves and other protective
garments and devices.
(M) Standards and
procedures for
approving certificates of
authority to practice nursing as a certified
registered nurse
anesthetist, clinical nurse specialist, certified
nurse-midwife,
or certified nurse practitioner, and for renewal of those
certificates;
(N) Quality assurance
standards for certified registered
nurse anesthetists, clinical nurse
specialists, certified
nurse-midwives, or certified nurse practitioners;
(O) Additional criteria
for the standard care arrangement
required by section 4723.431 of the
Revised Code
entered into by a
clinical nurse specialist, certified nurse-midwife, or
certified
nurse practitioner and the nurse's collaborating physician or
podiatrist;
(P) Continuing education
standards for clinical nurse
specialists who are exempt under division
(C) of section 4723.41
of the
Revised Code
from the requirement of having passed a
certification examination;
(Q) For purposes of division (B)(31) of section 4723.28
of
the Revised Code, the actions, omissions, or other circumstances
that constitute failure
to establish and maintain professional
boundaries with a patient.
The board may
adopt other rules necessary to carry out the
provisions of this
chapter. The rules shall be adopted in
accordance with Chapter
119. of the Revised Code.
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, when the verification is performed for purposes
other than providing
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 for which a fee may be charged under section 4723.17 of the Revised Code, twenty-five dollars;
(24) For out-of-state survey visits of nursing education programs operating in Ohio, two thousand dollars;
(25) The amounts specified in rules adopted under section 4723.88 of the Revised Code pertaining to the issuance of certificates to community health workers, including fees for application for a certificate, verification of a certificate to another jurisdiction, written verification of a certificate when the verification is performed for purposes other than verification to another jurisdiction, providing a replacement copy of a certificate, biennial renewal of a certificate, processing a late application for renewal of a certificate, reinstatement of a lapsed certificate, application for approval of a community health worker training program for community health workers, and biennial renewal of the approval of a training program for community health workers.
(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.
(D) The board may contract for services pertaining to the process of providing written verification of a nursing license, certificate of authority, dialysis technician certificate, or community health worker certificate when the verification is performed for purposes other than providing verification to another jurisdiction. The contract may include provisions pertaining to the collection of the fee charged for providing the written verification. As part of these provisions, the board may permit the contractor to retain a portion of the fees as compensation, before any amounts are deposited into the state treasury.
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. 4723.17. (A) The board of nursing may
authorize a
licensed practical nurse to
administer to an adult intravenous
therapy authorized by an individual who is
authorized to practice
in this state and is acting within the course of the
individual's
professional practice, if all of the following are true of the
licensed practical nurse:
(1) The nurse has a current, valid license issued under this
chapter that includes authorization to administer medications and one of the following is the case:
(1) The nurse has successfully completed, within a practical nurse prelicensure education program approved by the board or by another jurisdiction's agency that regulates the practice of nursing, a course of study that prepares the nurse to safely perform the intravenous therapy procedures the board may authorize under this section. To meet this requirement, the course of study must include all of the following:
(a) Both didactic and clinical components;
(b) Curriculum requirements established in rules the board of nursing shall adopt in accordance with Chapter 119. of the Revised Code;
(c) Standards that require the nurse to perform a successful demonstration of the intravenous procedures, including all skills needed to perform them safely.
(2) The nurse has successfully completed a course in
intravenous
administration approved by the board that includes
both of
the following:
(a) A minimum of forty hours of training that includes all
of the
following:
(i)(a) The curriculum established by rules adopted by the board
and in effect
on January 1, 1999;
(ii)(b) Training in the anatomy and physiology of the
cardiovascular
system, signs and symptoms of local and systemic
complications in the
administration of fluids and
antibiotic
additives, and guidelines for management of these
complications;
(iii)(c) Any other training or instruction the board considers
appropriate.
(b)(d) A testing component that includes the successful
performance of
three venipunctures
supervised by a physician or
registered nurse in a health care
setting requires the nurse to perform a successful demonstration of the intravenous procedures, including all skills needed to perform them safely.
(B) Except as provided in section 4723.171 of the Revised
Code, a licensed
practical nurse may perform intravenous
therapy
only if authorized by the board
pursuant to division (A) of this
section and only if it is
performed
in accordance with this
section.
A licensed practical nurse authorized by the board to perform
intravenous therapy may perform an intravenous therapy procedure
only at the
direction of one of the following:
(1) A licensed physician, dentist, optometrist, or
podiatrist who,
except as provided in division (C)(2) of this
section, is
present
and readily available at the facility where
the intravenous therapy procedure
is performed;
(2) A registered nurse in accordance with
division (C) of
this section.
(C)(1) Except as provided in division
(C)(2) of this
section
and section 4723.171 of the Revised Code, when a licensed
practical nurse
authorized by the board to
perform intravenous
therapy performs an intravenous therapy procedure at the direction
of a
registered
nurse, the registered nurse or another registered
nurse shall be readily
available at the site
where the intravenous
therapy is performed, and before the
licensed practical nurse
initiates the intravenous therapy, the
registered nurse shall
personally perform an on-site assessment of
the individual who is
to receive the intravenous therapy.
(2) When a licensed practical nurse authorized by the board
to perform
intravenous therapy performs an intravenous therapy
procedure in a home
as defined in section 3721.10 of the Revised
Code, or in an
intermediate care facility for the mentally
retarded as defined in
section 5111.20 of the Revised Code,
at the
direction of a registered
nurse or licensed physician, dentist,
optometrist, or
podiatrist, a registered nurse shall be on the
premises of the
home or facility or accessible by some form of
telecommunication.
(D) No licensed practical nurse shall perform any of the
following intravenous therapy procedures:
(1) Initiating or maintaining any of the following:
(a) Blood or blood components;
(b) Solutions for total parenteral nutrition;
(c) Any cancer therapeutic medication including, but not
limited
to, cancer chemotherapy or an anti-neoplastic agent;
(d) Solutions administered through any central venous line
or
arterial line or any other line that
does not terminate in a
peripheral vein, except that a licensed
practical nurse authorized
by the board to perform intravenous therapy
may maintain the
solutions specified in division
(D)(6)(a) of this
section that are
being administered
through a central venous line or peripherally
inserted central
catheter;
(e) Any investigational or experimental medication.
(2) Initiating intravenous therapy in any vein,
except that
a licensed practical nurse authorized by the board
to perform
intravenous therapy may initiate intravenous therapy in
accordance
with this section in
a vein
of the hand, forearm, or antecubital
fossa;
(3) Discontinuing a central venous, arterial, or any other
line
that does not terminate in a peripheral vein;
(4) Initiating or discontinuing a peripherally inserted
central
catheter;
(5) Mixing, preparing, or reconstituting any
medication for
intravenous therapy, except that a licensed practical nurse
authorized
by the board to perform intravenous therapy may prepare
or reconstitute
an antibiotic
additive;
(6) Administering medication via the intravenous route,
including
all of the following activities:
(a) Adding medication to an intravenous solution or to an
existing infusion, except that a licensed practical
nurse
authorized by the board to perform
intravenous therapy
may do
either of the following:
(i) Initiate an intravenous infusion containing one or more
of the
following elements: dextrose 5%; normal saline; lactated
ringers; sodium
chloride .45%; sodium chloride 0.2%; sterile
water.
(ii) Hang subsequent containers of the intravenous
solutions
specified in division (D)(6)(a) of this
section that contain
vitamins or electrolytes, if a registered nurse initiated the
infusion of
that same intravenous solution.
(b) Initiating or maintaining an intravenous piggyback
infusion,
except that a licensed practical nurse authorized by the
board to
perform intravenous therapy may initiate or maintain
an
intravenous
piggyback infusion containing an antibiotic additive;
(c) Injecting medication via a direct intravenous route,
except
that a licensed practical nurse authorized by the board to
perform intravenous therapy
may inject heparin or
normal saline to
flush an intermittent infusion device or heparin
lock including,
but not limited to, bolus or push.
(7) Aspirating any intravenous line to maintain patency;
(8) Changing tubing on any line including, but not limited
to,
an arterial line
or a
central venous line, except that a
licensed practical nurse
authorized by the board to perform
intravenous therapy may change tubing on an
intravenous line that
terminates in a peripheral vein;
(9) Programming or setting any function of a patient
controlled
infusion pump.
(E) Notwithstanding division (D) of
this section, at the
direction of a physician or a registered nurse, a licensed
practical
nurse authorized by the board to perform intravenous
therapy may
perform the following
activities for the purpose of
performing dialysis:
(1) The routine administration and regulation of saline
solution for the
purpose of maintaining an established fluid plan;
(2) The administration of a heparin dose intravenously;
(3) The administration of a heparin dose peripherally via a
fistula
needle;
(4) The loading and activation of a constant infusion pump
or the
intermittent injection of a dose of medication prescribed
by a licensed
physician for dialysis.
(F) No person shall employ or direct a licensed practical
nurse
to perform an intravenous therapy procedure without first
verifying that the
licensed practical nurse is authorized by the
board to perform intravenous therapy.
(G) The board shall issue an intravenous therapy card to the licensed practical nurses authorized pursuant to division (A) of this section to perform intravenous therapy. A fee for issuing the card shall not be charged under section 4723.08 of the Revised Code if the licensed practical nurse receives the card by meeting the requirements of division (A)(1) of this section. The board shall maintain a registry
of the
names of
licensed practical nurses authorized pursuant to
division (A) of
this section to perform who hold intravenous therapy cards.
Sec. 4723.271. The board of nursing shall provide a replacement copy of a
nursing license, certificate of authority, or
dialysis technician certificate, or community health worker certificate issued under this chapter upon request of
the holder
accompanied by proper identification as prescribed in rules adopted by the
board and payment of the fee authorized under section 4723.08 of the Revised
Code.
Upon request of the holder of a nursing license, certificate
of authority, or dialysis technician certificate, or community health worker certificate issued under
this chapter and payment
of the fee authorized under section 4723.08 of the Revised Code, the board
shall verify to an agency of another jurisdiction or foreign country the fact
that the person holds such nursing license, certificate of
authority, or dialysis technician certificate, or community health worker certificate.
Sec. 4723.34. (A) Reports to the board of nursing shall be
made as
follows:
(1) Every employer of registered nurses,
licensed practical
nurses, or dialysis technicians shall report
to the board of
nursing
the name of any current or former employee who holds a
nursing license or
dialysis technician certificate
issued under
this chapter who has engaged in conduct that would be grounds
for
disciplinary action
by the board under section 4723.28 of the
Revised
Code. Every employer of certified community health workers shall report to the board the name of any current or former employee who holds a community health worker certificate issued under this chapter who has engaged in conduct that would be grounds for disciplinary action by the board under section 4723.86 of the Revised Code.
(2) Nursing associations shall report to the board the
name
of any registered nurse or licensed practical nurse and dialysis
technician associations shall report to the board the name of any
dialysis
technician who has
been investigated and found to
constitute a danger to the public
health, safety, and welfare
because of conduct that would be
grounds for disciplinary action
by the board under section
4723.28 of the Revised Code, except
that an
association is
not required to report the individual's
name if
the individual is
maintaining satisfactory participation
in a peer support program
approved by the board under rules
adopted under section 4723.07
of the Revised Code. Community health worker associations shall report to the board the name of any certified community health worker who has been investigated and found to constitute a danger to the public health, safety, and welfare because of conduct that would be grounds for disciplinary action by the board under section 4723.86 of the Revised Code, except that an association is not required to report the individual's name if the individual is maintaining satisfactory participation in a peer support program approved by the board under rules adopted under section 4723.07 of the Revised Code.
(3) If the prosecutor in a case described in divisions
(B)(3) to (5) of section 4723.28 of the Revised Code, or in a
case
where the trial court issued an order of dismissal upon
technical
or procedural grounds of a charge of a misdemeanor
committed in
the course of practice, a felony charge, or a charge
of gross
immorality or moral turpitude, knows or has reason to
believe that
the person charged is licensed under this chapter to
practice
nursing as a registered nurse or as a licensed practical
nurse or
holds a certificate issued under this chapter
to practice as a
dialysis technician, the prosecutor shall notify
the board of
nursing. With regard to certified community health workers, if the prosecutor in a case involving a charge of a misdemeanor committed in the course of employment, a felony charge, or a charge of gross immorality or moral turpitude, including a case dismissed on technical or procedural grounds, knows or has reason to believe that the person charged holds a community health worker certificate issued under this chapter, the prosecutor shall notify the board.
Each notification required by this division shall be made on forms
prescribed and provided by the board. The report
shall include
the name and address of the license or certificate
holder, the charge,
and the
certified court documents recording
the action.
(B) If any person fails to provide a report required by
this
section, the board may seek an order from a court of
competent
jurisdiction compelling submission of the report.
Sec. 4723.35. (A) As used in this section,
"chemical
dependency"
means either of the following:
(1) The chronic and habitual use of alcoholic beverages to
the extent that
the user no longer can control the use of alcohol
or endangers the user's
health, safety, or welfare or that of
others;
(2) The use of a controlled substance
as defined in section
3719.01 of the Revised Code,
a harmful intoxicant as defined in
section 2925.01 of the Revised
Code, or a dangerous drug as
defined in section 4729.01 of the
Revised Code,
to the extent that
the user becomes physically or psychologically dependent on
the
substance, intoxicant, or drug or endangers the user's health,
safety, or welfare or that of
others.
(B) The board of nursing
may abstain from taking
disciplinary action under section 4723.28 or 4723.86
of the Revised Code
against an individual with a chemical
dependency if it finds that
the individual can be treated effectively and
there is no
impairment of the individual's ability to practice according to
acceptable and prevailing standards of safe care. The board
shall establish a chemical dependency
monitoring program
to
monitor the registered nurses, licensed practical nurses, and
dialysis technicians, and certified community health workers against whom the board has abstained from
taking
action.
The board shall develop the program, select the
program's name, and designate a coordinator to administer
the
program.
(C) The board shall adopt rules in accordance with
Chapter
119. of the Revised Code that establish the following:
(1) Eligibility requirements for admission to and continued
participation in the monitoring program;
(2) Terms and conditions that must
be met to participate
in and successfully complete the
program;
(3) Procedures for keeping confidential records regarding
participants;
(4) Any other requirements or procedures necessary to
establish and
administer the program.
(D)(1) As a condition of being admitted to the monitoring
program, an individual shall surrender to the program coordinator
the license
or certificate
that the individual holds. While the
surrender is in effect, the
individual is prohibited from engaging
in the practice of nursing
or, engaging in the provision of dialysis care, or engaging in the provision of services that were being provided as a certified community health worker.
If the program coordinator determines that a participant is
capable of resuming practice according to acceptable and
prevailing standards of safe care, the coordinator shall return
the participant's license or certificate. If the participant
violates the terms and conditions of resumed practice, the program
coordinator shall require the participant to surrender the license
or certificate as a condition of continued participation in the
program. The coordinator may require the surrender only on the
approval of the board's supervising member for disciplinary
matters.
The surrender of a license or certificate on admission to the
monitoring program or while participating in the program does not
constitute an action by the board under section 4723.28 or 4723.86 of the
Revised Code. The participant may
rescind the surrender at any
time and the board may proceed by taking
action under section
4723.28 or 4723.86 of the Revised Code.
(2) If the program coordinator determines that a participant
is
significantly out of compliance with the terms and conditions
for
participation, the coordinator shall notify the board's
supervising member for disciplinary matters and the supervising
member shall temporarily suspend the participant's license or
certificate. The program coordinator shall notify the participant
of the suspension by certified mail sent to the participant's last
known
address
and shall refer the matter to the board for formal
action under
section 4723.28 or 4723.86 of the Revised Code.
(E)
All of the following apply with respect to the receipt,
release,
and maintenance of records and information by the
monitoring
program:
(1) The program coordinator shall maintain all records in
the
board's office for a period of five years.
(2) When applying to participate in the monitoring program,
the
applicant shall sign a waiver permitting the program
coordinator to
receive and release information necessary for the
coordinator to determine
whether the individual is eligible for
admission. After being
admitted, the participant shall sign a
waiver permitting the
program coordinator to receive and release
information necessary
to determine whether the individual is
eligible for continued
participation in the program. Information
that may be necessary
for the program coordinator to determine
eligibility for admission
or continued participation in the
monitoring program includes, but
is not limited to, information
provided to and by employers,
probation officers, law enforcement
agencies, peer assistance
programs, health professionals, and
treatment providers. No
entity with knowledge that the
information has been provided to the
monitoring program shall
divulge that knowledge to any other
person.
(3)
Except as provided in division (E)(4)
of this section,
all records pertaining to an individual's application for or
participation
in the monitoring
program,
including medical
records, treatment
records, and mental health
records, shall be
confidential. The records are not
public
records for the purposes
of section 149.43 of the Revised Code and are
not
subject to
discovery by subpoena or admissible as evidence in any judicial
proceeding.
(4) The program coordinator may disclose
information
regarding a participant's progress in
the program to
any person or
government entity that the participant authorizes in
writing to be
given the information.
In disclosing information under this
division, the
coordinator shall not include any information that
is
protected under section 3793.13 of the Revised Code or any
federal
statute or regulation that provides for the
confidentiality of medical, mental
health,
or substance abuse
records.
(F) In the absence of fraud or bad faith, the
program
coordinator, the board of nursing, and the board's employees and
representatives are not
liable for damages in any civil action as
a result of disclosing
information in
accordance with division
(E)(4) of this section.
In the absence of fraud or bad faith, any
person
reporting to the program with regard to an individual's
chemical
dependence, or the
progress or lack of progress of that
individual with
regard to
treatment, is not liable for
damages
in any civil action as a
result of the report.
Sec. 4723.431. (A) Except as provided in division
(C)(1) of this section, a clinical nurse
specialist, certified nurse-midwife, or certified nurse practitioner may
practice only in accordance with a standard care arrangement entered into with
each physician or podiatrist with whom the nurse collaborates. A
copy of the standard care arrangement shall be retained on file at
each site where the nurse practices. Prior approval of the
standard care arrangement by the board of nursing is not required,
but the board may periodically review it for compliance with this
section.
A clinical nurse specialist, certified nurse-midwife, or certified
nurse practitioner may enter into a standard care arrangement with one or more
collaborating physicians or podiatrists. Each physician or podiatrist must be
actively engaged in direct clinical practice in this
state and practicing in a specialty that
is the same
as or similar to the nurse's nursing specialty.
If a collaborating physician or podiatrist enters into standard care
arrangements with more than three nurses who hold certificates to
prescribe issued under section 4723.48 of the Revised Code,
the
physician or podiatrist shall not collaborate at the same time with more than
three of the nurses in
the prescribing component of their practices.
(B) A standard care
arrangement shall be in writing and, except as provided in division
(C)(2) of this section, shall contain all of the following:
(1) Criteria for referral of a patient by the clinical nurse specialist,
certified nurse-midwife, or certified nurse practitioner to a collaborating
physician or podiatrist;
(2) A process for the clinical nurse specialist, certified
nurse-midwife, or certified nurse practitioner to obtain a consultation with
a collaborating physician or podiatrist;
(3) A plan for coverage in instances of emergency or planned absences of
either the clinical nurse specialist, certified nurse-midwife, or certified
nurse practitioner or a collaborating physician or
podiatrist that provides
the means whereby a physician or podiatrist is available for emergency
care;
(4) The process for resolution of disagreements regarding matters of
patient management between the clinical nurse specialist, certified
nurse-midwife, or certified nurse practitioner and a
collaborating physician
or podiatrist;
(5) A procedure for a regular review of the referrals by the clinical
nurse specialist, certified nurse-midwife, or certified nurse practitioner to
other health care professionals and the care outcomes for a random sample of
all patients seen by the nurse;
(6) If the clinical nurse specialist or
certified nurse practitioner regularly provides services to infants, a policy
for care of infants up to age one and recommendations for collaborating
physician visits for children from birth to age three;
(7) Any other criteria required by rule of the board
adopted pursuant to section 4723.07 or 4723.50 of the Revised
Code.
(C) A standard care arrangement entered into pursuant to this section may permit a clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner to supervise services provided by a home health agency as defined in section 3701.881 of the Revised Code.
(D)(1) A clinical nurse specialist who does not hold a
certificate to
prescribe and whose
nursing specialty is mental health or psychiatric mental health, as determined
by the board, is not required to enter into a standard care arrangement, but
shall practice in collaboration
with one or more physicians.
(2) If a clinical nurse specialist
practicing in either of the
specialties specified in division (C)(1) of this section holds a
certificate to prescribe, the nurse shall enter into
a standard care arrangement with one or more physicians. The standard care
arrangement must meet the requirements of division (B) of this
section, but only to the extent necessary to address the
prescribing component of the nurse's practice.
(D)(E) Nothing in this section prohibits a hospital from hiring a
clinical nurse specialist, certified nurse-midwife, or certified nurse
practitioner as an employee and negotiating standard care arrangements on
behalf of the employee as necessary to meet the requirements of this section.
A standard care arrangement between the hospital's employee and the employee's
collaborating physician is subject to approval by the medical staff and
governing body of the hospital prior to implementation of the arrangement at
the hospital.
Sec. 4723.63. On receipt of a notice pursuant to section
3123.43 of the Revised Code, the board of nursing
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
nursing license or, dialysis technician
certificate, or community health worker certificate issued pursuant to
this chapter.
Sec. 4723.81. The board of nursing shall develop and implement a program for the certification of community health workers. The board shall begin issuing community health worker certificates under section 4723.85 of the Revised Code not later than February 1, 2005.
The certification program shall reflect the board's recognition of individuals who, as community representatives, advocate for individuals and groups in the community by assisting them in accessing community health and supportive resources through the provision of such services as education, role modeling, outreach, home visits, and referrals, any of which may be targeted toward an individual, family, or entire community. The certification program also shall reflect the board's recognition of the individuals as members of the community with a unique perspective of community needs that enables them to develop culturally appropriate solutions to problems and translate the solutions into practice.
The certification program does not require an individual to obtain a community health worker certificate as a means of authorizing the individual to perform any of the activities that may be performed by an individual who holds a community health worker certificate.
Sec. 4723.82. (A) An individual who holds a current, valid community health worker certificate issued by the board of nursing under section 4723.85 of the Revised Code may use the title "certified community health worker" or "community health worker." When providing services within the community, the certificate holder may represent to the public that the individual is providing the services under either title.
(B)(1) Holding a community health worker certificate does not authorize an individual to administer medications or perform any other activity that requires judgment based on nursing knowledge or expertise. Any activities performed by a certified community health worker that are related to nursing care shall be performed only pursuant to the delegation of a registered nurse acting in accordance with the rules for delegation adopted under this chapter. Any other health-related activities performed by a certified community health worker shall be performed only under the supervision of a health professional acting within the scope of the professional's practice.
Only a registered nurse may supervise a certified community health worker when performing delegated activities related to nursing care. The registered nurse supervising a certified community health worker shall provide the supervision in accordance with the rules for delegation adopted under this chapter and the rules for supervision of community health workers adopted under section 4723.88 of the Revised Code, including the rules limiting the number of certified community health workers who may be supervised at any one time.
(2) A registered nurse who delegates activities to a certified community health worker or supervises a certified community health worker in the performance of delegated activities is not liable in damages to any person or government entity in a civil action for injury, death, or loss to person or property that allegedly arises from an action or omission of the certified community health worker in performing the activities, if the registered nurse delegates the activities or provides the supervision in accordance with this chapter and the rules adopted under this chapter.
Sec. 4723.83. (A) An individual seeking a community health worker certificate shall submit an application to the board of nursing on forms the board shall prescribe and furnish. The applicant shall include all information the board requires to process the application. The application shall be accompanied by the fee established in rules adopted under section 4723.88 of the Revised Code.
(B) An applicant for a community health worker certificate shall submit a request to the
bureau of criminal identification and investigation
for a criminal
records check of the applicant. The
request shall be on the form
prescribed pursuant to division
(C)(1) of section 109.572
of the Revised Code,
accompanied by a standard impression
sheet to obtain fingerprints
prescribed pursuant to division
(C)(2) of that section, and
accompanied by the fee prescribed
pursuant to division (C)(3) of
that section. On receipt of the
completed form, the completed
impression sheet, and the fee, the
bureau shall conduct a criminal
records check of the applicant. On completion of the criminal
records check, the bureau shall send the results of the check to
the board. The applicant shall ask the
superintendent of the bureau of criminal
identification and
investigation to request that the federal
bureau of investigation
provide the superintendent with any
information it has with
respect to the applicant.
The results of any criminal records check conducted pursuant
to a request made under this section, and any report containing
those results, are not public records for purposes of section
149.43 of the Revised Code and shall not be made available to any
person or for any purpose other than the following:
(1) The results may be made available to any person for use
in determining whether the individual who is the
subject of the check should be issued a community health worker certificate.
(2) The results may be made available to the individual who
is the subject of the check or that individual's representative.
Sec. 4723.84. (A) To be eligible to receive a community health worker certificate, an applicant shall meet all of the following conditions:
(1) Be eighteen years of age or older;
(2) Possess a high school diploma or the equivalent of a high school diploma, as determined by the board;
(3) Except as provided in division (B) of this section, successfully complete a community health worker training program approved by the board under section 4723.87 of the Revised Code;
(4) Have results on the criminal records check requested under section 4723.83 of the Revised Code indicating that the individual has not been convicted of, has not pleaded guilty to, and has not had a judicial finding of guilt for violating section 2903.01, 2903.02, 2903.03, 2903.11, 2905.01, 2907.02, 2907.03, 2907.05, 2909.02, 2911.01, or 2911.11 of the Revised Code or a substantially similar law of another state, the United States, or another country;
(5) Meet all other requirements the board specifies in rules adopted under section 4723.88 of the Revised Code.
(B) In lieu of meeting the condition of completing a community health worker training program, an applicant may be issued a community health worker certificate if the individual was employed in a capacity substantially the same as a community health worker before the board implemented the certification program. To be eligible under this division, an applicant must meet the requirements specified in rules adopted by the board under section 4723.88 of the Revised Code and provide documentation from the employer attesting to the employer's belief that the applicant is competent to perform activities as a certified community health worker.
Sec. 4723.85. (A) The board of nursing shall review all applications received under section 4723.83 of the Revised Code. If an applicant meets the requirements of section 4723.84 of the Revised Code, the board shall issue a community health worker certificate to the applicant.
(B) A community health worker certificate issued under this section expires biennially and may be renewed in accordance with the schedule and procedures established by the board in rules adopted under section 4723.88 of the Revised Code. To be eligible for renewal, an individual must complete the continuing education requirements established by the board in rules adopted under section 4723.88 of the Revised Code and meet all other requirements for renewal, as specified in the board's rules adopted under that section. If an applicant for renewal has successfully completed the continuing education requirements and meets all other requirements for renewal, the board shall issue a renewed community health worker certificate to the applicant.
Sec. 4723.86. The board of nursing, by vote of a quorum, may deny, revoke, or suspend a community health worker certificate. The board may impose one or more of the sanctions against an applicant or certificate holder for any of the reasons it specifies in rules adopted under section 4723.88 of the Revised Code. All actions to impose a sanction shall be taken in accordance with Chapter 119. of the Revised Code.
Sec. 4723.87. (A) A person or government entity seeking to operate a training program that prepares individuals to become certified community health workers shall submit an application to the board of nursing on forms the board shall prescribe and furnish. The applicant shall include all information the board requires to process the application. The application shall be accompanied by the fee established in rules adopted under section 4723.87 of the Revised Code.
The board shall review all applications received. If an applicant meets the standards for approval established in the board's rules adopted under section 4723.88 of the Revised Code, the board shall approve the program.
(B) The board's approval of a training program expires biennially and may be renewed in accordance with the schedule and procedures established by the board in rules adopted under section 4723.88 of the Revised Code.
(C) If an approved community health worker training program ceases to meet the standards for approval, the board shall withdraw its approval of the program, refuse to renew its approval of the program, or place the program on provisional approval. In withdrawing or refusing to renew its approval, the board shall act in accordance with Chapter 119. of the Revised Code. In placing a program on provisional approval, the board shall specify the period of time during which the provisional approval is valid. At the end of the period, the board shall reconsider whether the program meets the standards for approval. If the program meets the standards for approval, the board shall reinstate its full approval of the program or renew its approval of the program. If the program does not meet the standards for approval, the board shall proceed by withdrawing or refusing to renew its approval of the program.
Sec. 4723.88. The board of nursing, in accordance with Chapter 119. of the Revised Code, shall adopt rules to administer and enforce sections 4723.81 to 4723.87 of the Revised Code. The rules shall establish all of the following:
(A) Standards and procedures for issuance of community health worker certificates;
(B) Standards for evaluating the competency of an individual who applies to receive a certificate on the basis of having been employed in a capacity substantially the same as a community health worker before the board implemented the certification program;
(C) Standards and procedures for renewal of community health worker certificates, including the continuing education requirements that must be met for renewal;
(D) Standards governing the performance of activities related to nursing care that are delegated by a registered nurse to certified community health workers. In establishing the standards, the board shall specify limits on the number of certified community health workers a registered nurse may supervise at any one time.
(E) Standards and procedures for assessing the quality of the services that are provided by certified community health workers;
(F) Standards and procedures for denying, suspending, and revoking a community health worker certificate, including reasons for imposing the sanctions that are substantially similar to the reasons that sanctions are imposed under section 4723.28 of the Revised Code;
(G) Standards and procedures for approving and renewing the board's approval of training programs that prepare individuals to become certified community health workers. In establishing the standards, the board shall specify the minimum components that must be included in a training program, shall require that all approved training programs offer the standardized curriculum, and shall ensure that the curriculum enables individuals to use the training as a basis for entering programs leading to other careers, including nursing education programs.
(H) Standards and procedures for withdrawing the board's approval of a training program, refusing to renew the approval of a training program, and placing a training program on provisional approval;
(I) Amounts for each fee that may be imposed under division (A)(25) of section 4723.08 of the Revised Code;
(J) Any other standards or procedures the board considers necessary and appropriate for the administration and enforcement of sections 4723.81 to 4723.87 of the Revised Code.
Sec. 4729.01. As used in this chapter:
(A) "Pharmacy," except when used in a context that refers to the practice of pharmacy, means any area, room, rooms, place of business, department, or portion of any of the foregoing where the practice of pharmacy is conducted.
(B) "Practice of pharmacy" means providing pharmacist care requiring specialized knowledge, judgment, and skill derived from the principles of biological, chemical, behavioral, social, pharmaceutical, and clinical sciences. As used in this division, "pharmacist care" includes the following:
(1) Interpreting prescriptions;
(2) Compounding or dispensing drugs and dispensing drug therapy related devices;
(3) Counseling individuals with regard to their drug therapy, recommending drug therapy related devices, and assisting in the selection of drugs and appliances for treatment of common diseases and injuries and providing instruction in the proper use of the drugs and appliances;
(4) Performing drug regimen reviews with individuals by discussing all of the drugs that the individual is taking and explaining the interactions of the drugs;
(5) Performing drug utilization reviews with licensed health professionals authorized to prescribe drugs when the pharmacist determines that an individual with a prescription has a drug regimen that warrants additional discussion with the prescriber;
(6) Advising an individual and the health care professionals treating an individual with regard to the individual's drug therapy;
(7) Acting pursuant to a consult agreement with a physician authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery, if an agreement has been established with the physician;
(8) Administering by injection the adult immunizations specified in section 4729.41 of the Revised Code, if the pharmacist has met the requirements of that section.
(C) "Compounding" means the preparation, mixing, assembling, packaging, and labeling of one or more drugs in any of the following circumstances:
(1) Pursuant to a prescription issued by a licensed health professional authorized to prescribe drugs;
(2) Pursuant to the modification of a prescription made in accordance with a consult agreement;
(3) As an incident to research, teaching activities, or chemical analysis;
(4) In anticipation of prescription drug orders based on routine, regularly observed dispensing patterns.
(D) "Consult agreement" means an agreement to manage an individual's drug therapy that has been entered into by a pharmacist and a physician authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery.
(1) Any article recognized in the United States pharmacopoeia and national formulary, or any supplement to them, intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals;
(2) Any other article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals;
(3) Any article, other than food, intended to affect the structure or any function of the body of humans or animals;
(4) Any article intended for use as a component of any article specified in division (C)(1), (2), or (3) of this section; but does not include devices or their components, parts, or accessories.
(F) "Dangerous drug" means any of the following:
(1) Any drug to which either of the following applies:
(a) Under the "Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, the drug is required to bear a label containing the legend "Caution: Federal law prohibits dispensing without prescription" or "Caution: Federal law restricts this drug to use by or on the order of a licensed veterinarian" or any similar restrictive statement, or the drug may be dispensed only upon a prescription;
(b) Under Chapter 3715. or 3719. of the Revised Code, the drug may be dispensed only upon a prescription.
(2) Any drug that contains a schedule V controlled substance and that is exempt from Chapter 3719. of the Revised Code or to which that chapter does not apply;
(3) Any drug intended for administration by injection into the human body other than through a natural orifice of the human body.
(G) "Federal drug abuse control laws" has the same meaning as in section 3719.01 of the Revised Code.
(H) "Prescription" means a written, electronic, or oral order for drugs or combinations or mixtures of drugs to be used by a particular individual or for treating a particular animal, issued by a licensed health professional authorized to prescribe drugs.
(I) "Licensed health professional authorized to prescribe drugs" or "prescriber" means an individual who is authorized by law to prescribe drugs or dangerous drugs or drug therapy related devices in the course of the individual's professional practice, including only the following:
(1) A dentist licensed under Chapter 4715. of the Revised Code;
(2) Until January 17, 2000, an advanced practice nurse approved under section 4723.56 of the Revised Code to prescribe drugs and therapeutic devices;
(3) A clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner who holds a certificate to prescribe issued under section 4723.48 of the Revised Code;
(4) An optometrist licensed under Chapter 4725. of the Revised Code to practice optometry under a therapeutic pharmaceutical agents certificate;
(5) A physician authorized under Chapter 4731. of the Revised Code to practice medicine and surgery, osteopathic medicine and surgery, or podiatry;
(6) A veterinarian licensed under Chapter 4741. of the Revised Code.
(J) "Sale" and "sell" include delivery, transfer, barter, exchange, or gift, or offer therefor, and each such transaction made by any person, whether as principal proprietor, agent, or employee.
(K) "Wholesale sale" and "sale at wholesale" mean any sale in which the purpose of the purchaser is to resell the article purchased or received by the purchaser.
(L) "Retail sale" and "sale at retail" mean any sale other than a wholesale sale or sale at wholesale.
(M) "Retail seller" means any person that sells any dangerous drug to consumers without assuming control over and responsibility for its administration. Mere advice or instructions regarding administration do not constitute control or establish responsibility.
(N) "Price information" means the price charged for a prescription for a particular drug product and, in an easily understandable manner, all of the following:
(1) The proprietary name of the drug product;
(2) The established (generic) name of the drug product;
(3) The strength of the drug product if the product contains a single active ingredient or if the drug product contains more than one active ingredient and a relevant strength can be associated with the product without indicating each active ingredient. The established name and quantity of each active ingredient are required if such a relevant strength cannot be so associated with a drug product containing more than one ingredient.
(5) The price charged for a specific quantity of the drug product. The stated price shall include all charges to the consumer, including, but not limited to, the cost of the drug product, professional fees, handling fees, if any, and a statement identifying professional services routinely furnished by the pharmacy. Any mailing fees and delivery fees may be stated separately without repetition. The information shall not be false or misleading.
(O) "Wholesale distributor of dangerous drugs" means a person engaged in the sale of dangerous drugs at wholesale and includes any agent or employee of such a person authorized by the person to engage in the sale of dangerous drugs at wholesale.
(P) "Manufacturer of dangerous drugs" means a person, other than a pharmacist, who manufactures dangerous drugs and who is engaged in the sale of those dangerous drugs within this state.
(Q) "Terminal distributor of dangerous drugs" means a person who is engaged in the sale of dangerous drugs at retail, or any person, other than a wholesale distributor or a pharmacist, who has possession, custody, or control of dangerous drugs for any purpose other than for that person's own use and consumption, and includes pharmacies, hospitals, nursing homes, and laboratories and all other persons who procure dangerous drugs for sale or other distribution by or under the supervision of a pharmacist or licensed health professional authorized to prescribe drugs.
(R) "Promote to the public" means disseminating a representation to the public in any manner or by any means, other than by labeling, for the purpose of inducing, or that is likely to induce, directly or indirectly, the purchase of a dangerous drug at retail.
(S) "Person" includes any individual, partnership, association, limited liability company, or corporation, the state, any political subdivision of the state, and any district, department, or agency of the state or its political subdivisions.
(T) "Finished dosage form" has the same meaning as in section 3715.01 of the Revised Code.
(U) "Generically equivalent drug" has the same meaning as in section 3715.01 of the Revised Code.
(V) "Animal shelter" means a facility operated by a humane society or any society organized under Chapter 1717. of the Revised Code or a dog pound operated pursuant to Chapter 955. of the Revised Code.
(W) "Food" has the same meaning as in section 3715.01 of the Revised Code.
Sec. 4729.41. (A) A pharmacist licensed under this chapter
who meets the requirements of division (B) of this section may
administer, by injection, adult immunizations for any of the
following:
(B) To be authorized to administer the adult immunizations
specified in division (A) of this section, a pharmacist shall do
all of the following:
(1) Successfully complete a course in the administration of
adult immunizations that has been approved by the state board of
pharmacy as meeting the standards established for such courses by
the centers for disease control and prevention in the public
health service of the United States department of health and human
services;
(2) Receive and maintain certification to perform basic
life-support procedures by successfully completing a basic
life-support training course certified by the American red cross
or American heart association;
(3) Practice in accordance with a definitive set of
treatment guidelines specified in a protocol established by a
physician and approved by the state board of pharmacy. The
protocol shall include provisions requiring that the pharmacist do
both of the following:
(a) Observe an individual who has been immunized by the
pharmacist to determine whether the individual has an adverse
reaction to the immunization. The length of time and location of
the observation shall be specified in rules adopted by the state
board of pharmacy under division (D) of this section.
(b) Not later than thirty days after administering an adult
immunization to an individual, notify the individual's family
physician or, if the individual has no family physician, the board
of health of the health district in which the individual resides.
(C) No pharmacist shall do either of the following:
(1) Engage in the administration of adult immunizations by
injection unless the requirements of division (B) of this section
have been met;
(2) Delegate to any person the pharmacist's authority to
administer adult immunizations.
(D) The state board of pharmacy shall adopt rules to
implement this section, including rules for approval of courses in
administration of adult immunizations and approval of protocols to
be followed by pharmacists in administering adult immunizations.
Prior to adopting the rules regarding approval of protocols, the
state board of pharmacy shall consult with the state medical board
and the board of nursing. The rules shall be adopted in
accordance with Chapter 119. of the Revised Code.
Sec. 4731.27. (A) As used in this section,
"collaboration,"
"physician,"
"standard
care arrangement," and
"supervision" have
the same
meanings as in section 4723.01 of the
Revised Code.
(B) Except as provided in division (C)(D)(1) of section
4723.431 of the Revised Code, a
physician or podiatrist shall
enter into a standard care arrangement
with each clinical nurse
specialist, certified nurse-midwife,
or certified nurse
practitioner with whom the physician or podiatrist is in
collaboration.
The collaborating physician or podiatrist shall
fulfill the responsibilities of collaboration, as specified in the
arrangement
and in accordance with division (A) of
section
4723.431 of the Revised Code. A copy of the
standard care
arrangement shall be retained on file at each site where the
nurse
practices. Prior approval of
the standard care arrangement by the
state medical board is not required, but
the board may
periodically review it.
Nothing in this division
prohibits a hospital from hiring a
clinical nurse
specialist, certified nurse-midwife, or certified
nurse practitioner as an
employee and negotiating standard care
arrangements on behalf of the employee
as necessary to meet the
requirements of this section. A standard care
arrangement between
the hospital's employee and the employee's collaborating
physician
is subject to approval by the medical staff and governing body of
the hospital prior to implementation of the arrangement at the
hospital.
(C) With respect to a clinical nurse
specialist, certified
nurse-midwife, or certified nurse practitioner
participating in an
externship pursuant to an initial certificate to prescribe issued
under
section 4723.48 of the Revised
Code, the physician
responsible for evaluating the externship
shall provide the state
medical board with the name of the nurse. If the
externship is
terminated for any reason, the
physician shall notify the board.
(D) A physician or podiatrist shall cooperate with the
board
of nursing in any investigation the board conducts with respect to
a clinical nurse
specialist, certified nurse-midwife, or certified
nurse
practitioner who collaborates with the physician or
podiatrist
or with
respect to a certified registered nurse
anesthetist who practices
with the supervision of the physician or
podiatrist.
Sec. 4731.65. As used in sections 4731.65 to 4731.71 of
the Revised Code:
(A)(1) "Clinical laboratory services" means either of the following:
(a) Any examination of materials derived from the human
body for the purpose of providing information for the diagnosis,
prevention, or treatment of any disease or impairment or for the
assessment of health;
(b) Procedures to determine, measure, or otherwise
describe the presence or absence of various substances or
organisms in the body.
(2) "Clinical laboratory services" does not include the
mere collection or preparation of specimens.
(B) "Designated health services" means any of the
following:
(1) Clinical laboratory services;
(2) Home health care services;
(3) Outpatient prescription drugs.
(C) "Fair market value" means the value in arms-length
transactions, consistent with general market value and:
(1) With respect to rentals or leases, the value of rental
property for general commercial purposes, not taking into account
its intended use;
(2) With respect to a lease of space, not adjusted to
reflect the additional value the prospective lessee or lessor
would attribute to the proximity or convenience to the lessor if
the lessor is a potential source of referrals to the lessee.
(D) "Governmental health care program" means
any program
providing health care benefits that is administered by the
federal government, this state, or a political subdivision of
this state, including the medicare program established under
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42
U.S.C.A. 301, as amended, health care coverage for public
employees, health care benefits administered by the bureau of
workers' compensation, the medical assistance program established
under Chapter 5111. of the Revised Code, and the disability assistance medical
assistance program established
under Chapter 5115. of the Revised Code.
(E)(1) "Group practice" means a group of two
or more
holders of certificates under this chapter legally organized as a
partnership, professional corporation or association, limited liability
company, foundation, nonprofit corporation, faculty practice plan,
or similar group practice entity, including an organization comprised of a
nonprofit medical clinic that contracts with a professional
corporation or association of physicians to provide medical
services exclusively to patients of the clinic in order to comply
with section 1701.03 of the Revised Code
and including a corporation, limited liability company,
partnership, or professional association described in division
(B) of section 4731.226 of the Revised Code formed
for the purpose of providing a combination of the professional services of
optometrists who are licensed, certificated, or otherwise legally authorized
to practice optometry under Chapter 4725. of the Revised
Code, chiropractors who
are licensed, certificated, or otherwise legally authorized to practice
chiropractic under Chapter 4734. of the Revised Code,
psychologists who are licensed, certificated, or
otherwise legally authorized to practice psychology under
Chapter 4732. of the Revised Code, registered or licensed
practical nurses who are licensed, certificated, or otherwise
legally authorized to practice nursing under
Chapter 4723. of the Revised Code,
pharmacists who are licensed,
certificated, or otherwise legally authorized to practice
pharmacy under Chapter 4729. of
the Revised Code, physical
therapists who are licensed, certificated, or otherwise legally
authorized to practice physical therapy under sections 4755.40
to 4755.53 of the Revised
Code,
mechanotherapists who are licensed, certificated, or
otherwise legally authorized to practice mechanotherapy under
section 4731.151 of the Revised
Code,
and doctors of
medicine and surgery, osteopathic medicine and surgery, or podiatric medicine
and surgery who are licensed, certificated, or otherwise legally authorized
for their respective practices under this chapter, to which all of the
following apply:
(a) Each physician who is a member of the group practice
provides substantially the full range of services that the
physician routinely provides, including medical care,
consultation, diagnosis, or treatment, through the joint use of
shared office space, facilities, equipment, and personnel.
(b) Substantially all of the services of the members of the group are
provided
through the group and
are billed in the name of the group and amounts so received are
treated as receipts of the group.
(c) The overhead expenses of and the income from the
practice are distributed in accordance with methods previously
determined by members of the group.
(d) The group practice meets any other requirements that
the state medical board applies in rules adopted under section
4731.70 of the Revised Code.
(2) In the case of a faculty practice plan associated with
a hospital with a medical residency training program in which
physician members may provide a variety of specialty services and
provide professional services both within and outside the group,
as well as perform other tasks such as research, the criteria in
division (E)(1) of this section apply only
with respect to
services rendered within the faculty practice plan.
(F) "Home health care services" and
"immediate family" have the same meanings as in
the rules adopted under section 4731.70 of the Revised Code.
(G) "Hospital" has the same meaning as in section
3727.01 of the Revised Code.
(H) A "referral" includes both of the following:
(1) A request by a holder of a certificate under this
chapter for an item or service, including a request for a
consultation with another physician and any test or procedure
ordered by or to be performed by or under the supervision of the
other physician;
(2) A request for or establishment of a plan of care by a
certificate holder that includes the provision of designated health services.
(I) "Third-party payer" has the same meaning
as in section 3901.38 of the Revised Code.
Sec. 4731.71. The auditor of state may implement procedures
to
detect violations of section 4731.66 or 4731.69 of the Revised
Code within
governmental health care programs administered by the
state. The auditor of
state shall report any violation of either
section to the state medical board
and shall certify to the
attorney general in accordance with section 131.02 of
the Revised
Code the amount of any refund owed to a state-administered
governmental health care program under section 4731.69 of the
Revised Code as
a result of a violation. If a refund is owed to
the medical assistance
program established under Chapter 5111. of
the Revised Code or the disability
assistance medical assistance
program established under Chapter 5115. of the
Revised Code, the
auditor of state also shall
report the amount to the department of
commerce.
The state medical board also may implement procedures to
detect violations
of section 4731.66 or 4731.69 of the Revised
Code.
Sec. 4734.15. (A) The license provided for
in this
chapter
shall entitle the holder thereof to practice chiropractic
in this
state. All of the
following apply to the practice of
chiropractic in this state:
(1) A chiropractor
is authorized to examine, diagnose, and
assume responsibility for
the care of patients, any or all of
which is included in the practice of
chiropractic.
(2) The practice of chiropractic does not permit the
chiropractor to treat infectious, contagious, or venereal
disease,
to perform surgery or acupuncture, or to prescribe or
administer
drugs for treatment.
(3) A chiropractor may use roentgen rays
only for
diagnostic purposes.
(4) The practice of chiropractic does
not include the
performance of abortions.
(B) An individual holding a valid, current license to
practice chiropractic is entitled to use
the
title
"doctor,"
"doctor of chiropractic,"
"chiropractic physician," or
"chiropractic" and is a
"physician"
for the purposes of Chapter
4123. of the Revised Code and the
medicaid program operated
pursuant to Chapter 5111. of the Revised Code.
Sec. 4736.12. (A) The state board of sanitarian
registration shall charge the following fees:
(1) To apply as a sanitarian-in-training,
fifty-seven
seventy-five dollars;
(2) For sanitarians-in-training to apply for registration
as
sanitarians,
fifty-seven seventy-five dollars. The applicant
shall
pay this
fee only once regardless of the number of times the
applicant
takes
an examination required under section 4736.08 of
the Revised
Code.
(3) For persons other than sanitarians-in-training to
apply
for registration as sanitarians, including persons meeting
the
requirements of section 4736.16 of the Revised Code, one
hundred
fourteen fifty dollars. The
applicant shall pay this fee only once
regardless of the number
of times the applicant takes an
examination required under section
4736.08 of the Revised Code.
(4) The renewal fee for registered sanitarians shall be
fixed by the board and shall not exceed
sixty-one
sixty-nine dollars.
(5) The renewal fee for sanitarians-in-training shall be
fixed by the board and shall not exceed
sixty-one
sixty-nine dollars.
(6) For late application for renewal, twenty-five dollars.
The board of sanitarian registration, with the approval of
the controlling board, may establish fees in excess of the
amounts
provided in this section, provided that such fees do not
exceed
the amounts permitted by this section by more than fifty
per cent.
(B) The board of sanitarian registration shall charge
separate fees for examinations as required by section 4736.08 of
the Revised Code, provided that the fees are not in excess of the
actual cost to the board of conducting the examinations.
(C) The board of sanitarian registration may adopt rules
establishing fees for all of the following:
(1) Application for the registration of a training agency
approved under
rules adopted by the board pursuant to section
4736.11 of the Revised Code and for the annual
registration
renewal of an approved training agency.
(2) Application for the review of continuing education hours
submitted for
the board's approval by approved training agencies
or by registered
sanitarians or sanitarians-in-training.
Sec. 4743.05. Except as otherwise provided in
sections
4701.20, 4723.062, 4723.082, 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. 4749.01. As used in this chapter:
(A)
"Private investigator" means any person who engages in
the business of private investigation.
(B)
"Business of private investigation" means, except when
performed by one excluded under division (H) of this section, the
conducting, for hire, in person or through a partner or
employees,
of any investigation relevant to any crime or wrong
done or
threatened, or to obtain information on the identity,
habits,
conduct, movements, whereabouts, affiliations,
transactions,
reputation, credibility, or character of any
person, or to locate
and recover lost or stolen property, or to
determine the cause of
or responsibility for any libel or
slander, or any fire, accident,
or damage to property, or to
secure evidence for use in any
legislative, administrative, or
judicial investigation or
proceeding.
(C)
"Security guard provider" means any person who engages
in
the business of security services.
(D)
"Business of security services" means either of the
following:
(1) Furnishing, for hire,
watchpersons, guards,
private
patrol officers, or other persons whose primary
duties
are to protect
persons or property;
(2) Furnishing, for hire, guard dogs, or armored motor
vehicle security services, in connection with the protection of
persons or property.
(E)
"Class A license" means a license issued under section
4749.03 of the Revised Code that qualifies the person issued the
license to engage in the business of private investigation and
the
business of security services.
(F)
"Class B license" means a license issued under section
4749.03 of the Revised Code that qualifies the person issued the
license to engage only in the business of private investigation.
(G)
"Class C license" means a license issued under section
4749.03 of the Revised Code that qualifies the person issued the
license to engage only in the business of security services.
(H)
"Private investigator,"
"business of private
investigation,"
"security guard provider," and
"business of
security services" do not include:
(1) Public officers and employees whose official duties
require them to engage in investigatory activities;
(2) Attorneys at law or any
expert
hired
by an
attorney at
law for
consultation or litigation purposes;
(3) A consumer reporting agency, as defined in the
"Fair
Credit Reporting Act," 84 Stat. 1128, 15 U.S.C.A. 1681a, as
amended, provided that the consumer reporting agency is in
compliance with the requirements of that act and that the
agency's
activities are confined to any of the following:
(a) The issuance of consumer credit reports;
(b) The conducting of limited background investigations
that
pertain only to a client's prospective tenant and that are
engaged
in with the prior written consent of the prospective
tenant;
(c) The business of pre-employment background
investigation.
As used in division (H)(3)(c) of this section,
"business of
pre-employment background investigation" means, and
is limited to,
furnishing for hire, in person or through a
partner or employees,
the conducting of limited background
investigations, in-person
interviews, telephone interviews, or
written inquiries that
pertain only to a client's prospective
employee and the employee's
employment and that are engaged
in with the
prior written consent
of the prospective employee.
(4) Certified public insurance adjusters that hold a
certificate of authority issued pursuant to sections 3951.01 to
3951.09 of the Revised Code, while the adjuster is investigating
the cause of or responsibility for a fire, accident, or other
damage to property with respect to a claim or claims for loss or
damage under a policy of insurance covering real or personal
property;
(5) Personnel placement services
and persons who act as employees of
such
entities engaged in investigating matters related to
personnel
placement activities;
(6) An employee in the regular course of the employee's
employment,
engaged in investigating matters pertinent to the
business of
the employee's
employer or protecting
property in the possession of
the employee's employer,
provided the employer is deducting
all applicable
state
and
federal employment taxes on behalf of the employee and
neither the
employer nor the employee is employed by, associated
with, or
acting for or on behalf of any private investigator or
security
guard provider;
(7)(6) Any better business bureau or similar organization or
any of its employees while engaged in the maintenance of the
quality of business activities relating to consumer sales and
services;
(8)(7) An accountant who is registered or certified under
Chapter 4701. of the Revised Code or any of the accountant's
employees while
engaged in activities for which the accountant is
certified
or registered;
(9)(8) Any person who, for hire or otherwise, conducts
genealogical research in this state.
As used in division (H)(9)(8) of this section,
"genealogical
research" means the determination of the origins and descent of
families, including the identification of individuals, their
family relationships, and the biographical details of their
lives.
"Genealogical research" does not include furnishing for
hire
services for locating missing persons or natural or birth
parents
or children.
(10)(9) Any person
residing in this state who conducts
research
for the purpose of locating the last known owner of
unclaimed
funds, provided that the person is in compliance with
Chapter 169.
of the Revised Code and rules adopted thereunder.
The exemption
set forth in division (H)(10)(9) of this section
applies only to the
extent that the person is conducting research
for the purpose of
locating the last known owner of unclaimed
funds.
As used in division (H)(10)(9) of this section,
"owner" and
"unclaimed funds" have the same meanings as in section 169.01 of
the Revised Code.
(11)(10) A professional engineer who is registered under
Chapter
4733. of the Revised Code or any of his employees.
As used in division (H)(11)(10) of this section and
notwithstanding division (I) of this section,
"employee" has the
same meaning as in section 4101.01 of the Revised Code.
(12)(11) Any person
residing in this state who, for
hire or
otherwise, conducts research for the purpose of locating persons
to whom
the state of Ohio owes money in the form of warrants, as
defined in
division (S) of section 131.01 of the Revised Code,
that the state
voided but
subsequently reissues.
(13)(12) An independent insurance adjuster who, as an
individual, an
independent contractor, an employee of an
independent contractor, adjustment
bureau association,
corporation, insurer, partnership, local recording agent,
managing
general agent, or self-insurer, engages in the business of
independent insurance adjustment, or any person who supervises the
handling of
claims except while acting as an employee of an
insurer licensed in this state
while handling claims pertaining to
specific policies written by that insurer.
As used in division (H)(13)(12) of this section,
"independent
insurance adjustment" means conducting investigations to determine
the cause
of or circumstances concerning a fire, accident, bodily
injury, or damage to
real or personal property; determining the
extent of damage of that fire,
accident, injury, or property
damage; securing evidence for use in a
legislative,
administrative, or judicial investigation or proceeding,
adjusting
losses; and adjusting or settling claims, including the
investigation, adjustment, denial, establishment of damages,
negotiation,
settlement, or payment of claims in connection with
insurance contractors,
self-insured programs, or other similar
insurance programs.
"Independent
adjuster" does not include
either
of the following:
(a) An attorney who adjusts insurance losses
incidental to the
practice of law and who does not advertise or
represent that
the attorney is an
independent insurance
adjuster;
(b) A licensed agent or general agent of an insurer licensed
in
this state who processes undisputed or uncontested losses for
insurers under
policies issued by that agent or general agent.
(14) Except for a commissioned peace officer who engages in
the business of private investigation or compensates others who
engage in the business of private investigation or the business of
security services or both, any commissioned peace officer as
defined in division
(B)
of section 2935.01 of the Revised Code.
(I)
"Employee" means every person who may be required or
directed by any
employer, in consideration of direct or indirect
gain or profit, to engage in
any employment, or to go, or work, or
be at any time in any place of
employment, provided that the
employer of the employee deducts all applicable
state and federal
employment taxes on behalf of the employee.
Sec. 4749.02. The department director of commerce public safety shall administer
this chapter through the division of real estate and professional
licensing, and for that purpose, the superintendent of
real estate and professional licensing may appoint such employees and
adopt such rules as the superintendent director considers
necessary.
Sec. 4749.03. (A)(1) Any individual, including a partner
in a partnership, may be licensed as a private investigator under
a class B license, or as a security guard provider under a class
C license, or as a private investigator and a security guard
provider under a class A license, if the individual meets the
following requirements:
(a) Has a good reputation for integrity, has not been
convicted of a felony within the last twenty years or any offense
involving moral turpitude, and has not been adjudicated
incompetent for the purpose of holding the license, as provided
in section 5122.301 of the Revised Code, without having been
restored to legal capacity for that purpose.
(b) Depending upon the class of license for which
application is made, for a continuous period of at least two
years immediately preceding application for a license, has
been engaged in investigatory or security services work for a law
enforcement or other public agency engaged in investigatory
activities, or for a private investigator or security guard
provider, or engaged in the practice of law, or has acquired
equivalent experience as determined by rule of the director of
commerce public safety.
(c) Demonstrates competency as a private
investigator or security guard provider by passing an examination
devised for this purpose by the director, except that any
individually licensed person who qualifies a corporation for
licensure shall not be required to be reexamined if the
person qualifies the corporation in the same capacity that
the person was individually licensed.
(d) Submits evidence of comprehensive general
liability
insurance coverage, or other equivalent guarantee approved by the
director in such form and in principal amounts satisfactory to
the director, but not less than one hundred thousand dollars for
each person and three hundred thousand dollars for each
occurrence for bodily injury liability, and one hundred thousand
dollars for property damage liability.
(e) Pays the requisite examination and license fees.
(2) A corporation may be licensed as a private
investigator under a class B license, or as a security guard
provider under a class C license, or as a private investigator
and a security guard provider under a class A license, if an
application for licensure is filed by an officer of the
corporation and the officer, another officer, or the
qualifying agent of
the corporation satisfies the requirements of divisions (A)(1)
and (F)(1) of this section. Officers and the statutory agent of
a corporation shall be determined in accordance with Chapter
1701. of the Revised Code.
(3) At least one partner in a partnership shall be
licensed as a private investigator, or as a security guard
provider, or as a private investigator and a security guard
provider. Partners in a partnership shall be determined as
provided for in Chapter 1775. of the Revised Code.
(B) Application for a class A, B, or C license shall be in
writing, under oath, to the director. In the case of an
individual, the application shall state the applicant's name,
birth date, citizenship, physical description, current residence,
residences for the preceding ten years, current employment,
employment for the preceding seven years, experience
qualifications, the location of each of the applicant's
offices in this state, and any other information that is necessary in order
for
the director to comply with the requirements of this chapter. In
the case of a corporation, the application shall state the name
of the officer or qualifying agent filing the application; the
state in which the corporation is incorporated and the date of
incorporation; the states in which the corporation is authorized
to transact business; the name of its qualifying agent; the name
of the officer or qualifying agent of the corporation who
satisfies the requirements of divisions (A)(1) and (F)(1) of this
section and the birth date, citizenship, physical description,
current residence, residences for the preceding ten years,
current employment, employment for the preceding seven years, and
experience qualifications of that officer or qualifying agent;
and other information that the director requires. A corporation
may specify in its application information relative to one or
more individuals who satisfy the requirements of divisions (A)(1)
and (F)(1) of this section.
The application shall be accompanied by:
(1) One recent full-face photograph of the applicant or,
in the case of a corporation, of each officer or qualifying agent
specified in the application as satisfying the requirements of
divisions (A)(1) and (F)(1) of this section;
(2) One complete set of the applicant's fingerprints or,
in the case of a corporation, of the fingerprints of each officer
or qualifying agent specified in the application as satisfying
the requirements of divisions (A)(1) and (F)(1) of this section;
(3) Character references from at least five reputable
citizens for the applicant or, in the case of a corporation, for
each officer or qualifying agent specified in the application as
satisfying the requirements of divisions (A)(1) and (F)(1) of
this section, each of whom has known the applicant, officer, or
qualifying agent for at least five years preceding the
application, and none of whom are connected with the applicant,
officer, or qualifying agent by blood or marriage;
(4) An examination fee of twenty-five dollars for the
applicant or, in the case of a corporation, for each officer or
qualifying agent specified in the application as satisfying the
requirements of divisions (A)(1) and (F)(1) of this section, and
a license fee of two hundred fifty dollars. The license fee
shall be refunded if a license is not issued.
(C) Upon receipt of the application and accompanying
matter, the director shall forward to the bureau of criminal
identification and investigation a request that it make an
investigation of the applicant or, in the case of a corporation,
each officer or qualifying agent specified in the application as
satisfying the requirements of divisions (A)(1) and (F)(1) of
this section, to determine whether the applicant, officer, or
qualifying agent meets the requirements of division (A)(1)(a) of
this section. If the director determines that the applicant,
officer, or qualifying agent meets the requirements of divisions
(A)(1)(a), (b) and (d) of this section and that an officer or
qualifying agent meets the requirement of division (F)(1) of this
section, the director shall notify the applicant, officer, or
agent of the time and place for the examination. If the director determines
that an applicant does not meet the requirements of divisions
(A)(1)(a), (b), and (d) of this section, the director shall
notify the applicant that the applicant's application is
refused and refund the license
fee. If the director determines that none of the individuals
specified in the application of a corporation as satisfying the
requirements of divisions (A)(1) and (F)(1) of this section meet
the requirements of divisions (A)(1)(a), (b), and (d) and (F)(1)
of this section, the director shall notify the corporation
that its application is refused and refund the license fee. If the
director requests an investigation of any applicant, officer, or
qualifying agent and if the bureau assesses the director a fee
for the investigation, the director, in addition to any other fee
assessed pursuant to this chapter, may assess the applicant,
officer, or qualifying agent, as appropriate, a fee that is equal
to the fee assessed by the bureau.
(D) If upon application, investigation, and examination,
the director finds that the applicant or, in the case of a
corporation, any officer or qualifying agent specified in the
application as satisfying the requirements of divisions (A)(1)
and (F)(1) of this section, meets the applicable requirements,
the director shall issue the applicant or the corporation a class A, B,
or C license. The director also shall issue to an applicant, but not
an officer or qualifying agent of a corporation, who meets the
applicable requirements an identification card. The license and
identification card shall state the licensee's name, the
classification of the license, the location of the
licensee's principal place of business in this state, and the expiration
date of the license and, in the case of a corporation, it also shall state
the name of each officer or qualifying agent who satisfied the
requirements of divisions (A)(1) and (F)(1) of this section.
Licenses expire on the first day of March following the
date of initial issue, and on the first day of March of each year
thereafter. Renewals shall be according to the standard renewal
procedures contained in Chapter 4745. of the Revised Code, upon
payment of a renewal fee of two hundred fifty dollars. No
license shall be renewed if the licensee or, in the case of a
corporation, each officer or qualifying agent who qualified the
corporation for licensure no longer meets the applicable
requirements of this section. No license shall be renewed unless
the licensee provides evidence of workers' compensation risk
coverage and unemployment compensation insurance coverage, other
than for clerical employees and excepting sole proprietors who are exempted
therefrom, as provided for in Chapters 4123.
and 4141. of the Revised Code, respectively, as well as the
licensee's state tax identification number. No reexamination
shall be required for renewal of a current license.
For purposes of this chapter, a class A, B, or C license
issued to a corporation shall be considered as also having
licensed the individuals who qualified the corporation for
licensure, for as long as they are associated with the
corporation.
For purposes of this division, "sole proprietor" means an individual
licensed under this chapter who does not employ any other individual.
(E) The director may issue a duplicate copy of a license
issued under this section for the purpose of replacement of a
lost, spoliated, or destroyed license, upon payment of a fee
fixed by the director, not exceeding twenty-five dollars. Any
change in license classification requires new application and
application fees.
(F)(1) In order to qualify a corporation for a class A, B,
or C license, an officer or qualifying agent may qualify another
corporation for similar licensure, provided that the officer or
qualifying agent is actively engaged in the business of both corporations.
(2) Each officer or qualifying agent who qualifies a
corporation for class A, B, or C licensure shall surrender any
personal license of a similar nature that the officer or
qualifying agent possesses.
(3) Upon written notification to the director, completion
of an application similar to that for original licensure,
surrender of the corporation's current license, and payment of a
twenty-five dollar fee, a corporation's class A, B, or C license
may be transferred to another corporation.
(4) Upon written notification to the director, completion
of an application similar to that for an individual seeking class
A, B, or C licensure, payment of a twenty-five dollar fee, and,
if the individual was the only individual that qualified a
corporation for licensure, surrender of the corporation's license, any officer
or qualifying agent who qualified a corporation for licensure under
this chapter may obtain a similar license in the
individual's own name without reexamination. A request by an officer or
qualifying agent for an individual license shall not affect a corporation's
license
unless the individual is the only individual that qualified
the corporation for licensure or all the other individuals who qualified the
corporation for licensure submit such requests.
(G) If a corporation is for any reason no longer
associated with an individual who qualified it for licensure
under this chapter, an officer of the corporation shall notify
the director of that fact by certified mail, return receipt
requested, within ten days after the association terminates. If
the notification is so given, the individual was the only
individual that qualified the corporation for licensure, and the
corporation submits the name of another officer or qualifying
agent to qualify the corporation for the license within thirty
days after the association terminates, the corporation may
continue to operate in the business of private investigation, the
business of security services, or both businesses in this state
under that license for ninety days after the association
terminates. If the officer or qualifying agent whose name is so
submitted satisfies the requirements of divisions (A)(1) and
(F)(1) of this section, the director shall issue a new license to
the corporation within that ninety-day period. The names of more
than one individual may be so submitted.
Sec. 4749.04. (A) The
director of commerce public safety may revoke,
suspend, or
refuse to renew, when a renewal form has been
submitted, the
license of any private
investigator or security
guard provider, or
the registration of
any
employee of a private
investigator or
security guard
provider, for any of the following:
(1) Violation of any of the provisions of division (B) or
(C) of section 4749.13 of the Revised Code;
(2) Conviction of a felony or a crime involving moral
turpitude;
(3) Violation of any rule of the
director
governing
private
investigators, the business of private
investigation,
security
guard providers, or the business of
security services;
(4) Testifying falsely under oath, or suborning perjury,
in
any judicial proceeding;
(5) Failure to
satisfy the requirements specified in
division (D) of section 4749.03 of the Revised Code.
Any person whose license or registration is revoked,
suspended, or not renewed
when a renewal form is submitted may
appeal in accordance with Chapter
119. of the Revised Code.
(B) In lieu of suspending, revoking, or refusing to renew
the class A, B, or C license, or of suspending, revoking, or
refusing to renew the registration of
an employee of
a class A,
B,
or C licensee, the
director of commerce
may impose a civil
penalty
of not
more than
one
hundred
dollars for each
calendar day of a violation of any of the
provisions of
this section or of division (B) or (C) of section
4749.13 of the
Revised Code or of a violation of any rule of the
director governing private investigators, the
business of private
investigation, security guard providers, or
the business of
security services.
Sec. 4749.05. (A) Each class A, B, or C licensee shall
report the location of branch offices to the department of
commerce public safety, and to the sheriff of the county and the police chief
of any municipal corporation in which the office is located, and
shall post a branch office license conspicuously in that office.
Application for a branch office license shall be made on a form
prescribed by the director of commerce public safety, and a license shall be
issued upon receipt of the form and payment of a fee fixed by the
director, not exceeding one hundred dollars. If a licensee moves
an office, he the licensee shall notify, in writing, the
department of
commerce public safety and any affected sheriff and chief of police within
forty-eight hours of the change.
This division does not apply to a licensed private
investigator who is engaging in the business of private
investigation as a registered employee of a licensed private
investigator.
(B) No class A, B, or C licensee, or any of his such a
licensee's employees,
shall engage in the business of private investigation or the
business of security services unless, within twelve hours of his
arrival after arriving, he the licensee or employee
reports his the licensee's or employee's presence and length of
stay to the
sheriff and police chief of any county or municipal corporation
in which he the licensee or employee operates.
Sec. 4749.06. (A)
Each class A, B, or C licensee shall
register
the licensee's investigator or security guard
employees,
with the
department of commerce public safety, which shall
maintain a
record of each licensee and registered employee and make it
available, upon
request, to any law enforcement
agency.
The class
A, B, or C
licensee shall file an
application to register
a new
employee no
sooner than three days
nor later than seven
calendar
days after the date
on which the
employee
is hired.
(B)(1)
Each employee's registration application shall be
accompanied by one
complete set of
the employee's
fingerprints,
one recent
photograph of the employee,
the
employee's physical
description, and an
eighteen-dollar
registration fee.
(2) If the director of public safety requests the
bureau of
criminal
identification and investigation to conduct an
investigation of
a
licensee's employee and if the bureau assesses
the
director
a fee
for the investigation, the
director, in
addition to any other fee
assessed pursuant to this chapter,
may
assess the
licensee a fee
that is equal to the fee
assessed by
the bureau.
If, after
investigation, the bureau finds that the
employee
has not been
convicted of a felony within the
last
twenty years,
the
director
shall issue
to the
employee an
identification card
bearing
the
license number
and
signature of
the licensee, which
in the
case of
a corporation
shall be the signature of its
president or
its
qualifying agent,
and containing the
employee's
name, address,
age, physical description,
and right
thumb print
or other
identifying mark as the director prescribes,
a recent
photograph
of the employee, and
the employee's
signature.
The director
may issue a duplicate of a lost,
spoliated, or destroyed
identification card issued under this
section, upon payment of a
fee fixed by the
director, not exceeding five
dollars.
(C)
Except as provided in division (E) of this section,
no
class A, B, or C licensee shall permit an employee,
other than an
individual who qualified a
corporation for
licensure, to engage in
the business of private
investigation,
the business of security
services, or both
businesses until the
employee
receives an
identification card from the department,
except that
pending the
issuance of an identification card, a
class A, B, or C
licensee
may offer for hire security guard or
investigator
employees
provided the licensee obtains a waiver
from the person
who
receives, for hire, security guard or
investigative services,
acknowledging that the person is aware
the employees have not
completed their registration and
agreeing
to their employment.
(D) If a class A, B, or C licensee, or a
registered
employee
of a class A, B, or C licensee, intends to carry a
firearm, as
defined in section 2923.11 of the Revised Code, in
the
course of
engaging in the business or employment,
the
licensee or
registered employee
shall
satisfactorily complete a firearms
basic
training program
that includes twenty hours of handgun
training
and five hours of
training in the use of other firearms,
if any
other firearm is to
be used, or equivalency training, if
authorized,
or shall be a
former peace officer who previously had
successfully completed a
firearms training course, shall receive a
certificate of
satisfactory completion of that program or written
evidence of
approval of the equivalency training, shall file an
application
for registration, shall receive a firearm-bearer
notation on
the licensee's or registered employee's
identification card, and shall annually requalify
on a firearms
range, all as described in division (A) of section
4749.10 of the
Revised Code. A private investigator, security
guard provider,
or
employee is authorized to carry a firearm only
in accordance
with
that division.
(E) This section does not apply to commissioned peace
officers,
as defined in division (B) of section 2935.01 of the
Revised
Code,
working for, either as an employee or independent
contractor, a class
A, B, or C licensee. For purposes of this
chapter,
a commissioned peace officer is an employee exempt from
registration.
Sec. 4749.07. (A) After refund of any license fees as required by section
4749.03 of the Revised Code, the department of commerce public safety shall pay all fees
received pursuant to this chapter to the treasurer of state, to be credited to
the private investigator and security guard
provider fund, which is hereby created.
(B) Moneys received in payment of fines levied pursuant to section 4749.99 of
the Revised Code shall be distributed as follows:
(1) One-third to the general fund of the municipal corporation or township in
which the prosecution occurs;
(2) One-third to the general fund of the county in which the prosecution
occurs;
(3) One-third to the private investigator and
security guard provider fund.
Sec. 4749.08. (A) No class A, B, or C licensee, or registered employee of a
class A, B, or C licensee shall be considered, because of licensure or
registration under this chapter, a law enforcement officer for any purpose.
Nothing in this chapter shall be construed as granting the right to carry a
concealed weapon.
(B) The rules of the department of commerce public safety adopted for the administration of
this chapter shall include provisions to assure that any uniform or
identification card shall be so designed as to avoid confusion of a private
investigator, security guard provider, or registered employee with any law
enforcement officer in this state.
Sec. 4749.10. (A) No class A, B, or C licensee and no
registered employee of a class A, B, or C licensee shall carry a
firearm, as defined in section 2923.11 of the Revised Code, in
the course of engaging in the business of private investigation,
the business of security services, or both businesses, unless all
of the following apply:
(1) The licensee or employee either has successfully
completed a basic firearm
training program at a training school approved by the Ohio peace
officer training commission, which program includes twenty hours of
training in handgun use and, if any firearm other than a handgun
is to be used, five hours of training in the use of other
firearms, and has received a certificate of satisfactory
completion of that program from the executive director of the
commission; the licensee or employee
has, within three years prior to the effective date
of this section, satisfactorily completed firearms training that
has been approved by the commission as being equivalent to such a
program and has received written evidence of approval of that
training from the executive director of the commission;
or the licensee or employee is a
former peace officer, as defined in section 109.71 of the Revised
Code, who previously had successfully completed a firearms
training course at a training school approved by the Ohio peace
officer training commission and has received a certificate or other
evidence of satisfactory completion of that course from the
executive director of the commission.
(2) The licensee or employee submits an application to the
director of commerce public safety, on a form prescribed by the director, in which the
licensee or employee requests
registration as a class A, B, or C licensee or employee who may
carry a firearm. The application shall be accompanied by a copy
of the certificate or the written evidence or other evidence
described in division (A)(1) of this section, the identification
card issued pursuant to section 4749.03 or 4749.06 of the Revised
Code if one has previously been issued, a statement of the duties
that will be performed while the licensee or employee is
armed, and a fee of ten
dollars. In the case of a registered employee, the statement
shall be prepared by the employing class A, B, or C licensee.
(3) The licensee or employee receives a notation on
the licensee's or employee's identification card that
the licensee or employee is a firearm-bearer and carries the
identification card
whenever the licensee or employee carries a firearm in the
course of engaging in the
business of private investigation, the business of security
services, or both businesses.
(4) At any time within the immediately preceding
twelve-month period, the licensee or employee has requalified
in firearms use on a
firearms training range at a firearms requalification program
certified by the Ohio peace officer training commission
or on a
firearms training range under the supervision of an instructor
certified by the commission and has received a
certificate of
satisfactory requalification from the certified program or
certified instructor, provided that this division does not apply
to any licensee or employee prior to the expiration of eighteen
months after the licensee's or employee's completion of the
program described in division (A)(1) of this section. A
certificate of satisfactory requalification is valid and remains
in effect for twelve months from the date of the requalification.
(5) If division (A)(4) of this section applies to the
licensee or employee, the licensee or employee carries
the certificate of satisfactory
requalification that then is in effect or any other evidence of
requalification issued or provided by the director.
(B)(1) The director of commerce shall register an
applicant under division (A) of this section who satisfies
divisions (A)(1) and (2) of this section, and place a notation on
the applicant's identification card indicating that the applicant
is a firearm-bearer and the date on which the applicant completed
the program described in division (A)(1) of this section.
(2) A firearms requalification training program or
instructor certified by the commission for the annual
requalification of class A, B, or C licensees or employees who
are authorized to carry a firearm under section 4749.10 of the
Revised Code shall award a certificate of satisfactory
requalification to each class A, B, or C licensee or registered
employee of a class A, B, or C licensee who satisfactorily
requalifies in firearms training. The certificate shall identify
the licensee or employee and indicate the date of the
requalification. A licensee or employee who receives such a
certificate shall submit a copy of it to the director of
commerce. A licensee shall submit the copy of the
requalification certificate at the same time that the
licensee makes
application for renewal of the licensee's class A, B, or C
license. The
director shall keep a record of all copies of requalification
certificates the director receives under this division and
shall establish
a procedure for the updating of identification cards to provide
evidence of compliance with the annual requalification
requirement. The procedure for the updating of identification
cards may provide for the issuance of a new card containing the
evidence, the entry of a new notation containing the evidence on
the existing card, the issuance of a separate card or paper
containing the evidence, or any other procedure determined by the
director to be reasonable. Each person who is issued a
requalification certificate under this division promptly shall
pay to the Ohio peace officer training commission
established by
section 109.71 of the Revised Code a fee of five dollars, which
fee shall be transmitted to the treasurer of state for deposit in
the peace officer private security fund established by section
109.78 of the Revised Code.
Sec. 4749.11. (A) The director of commerce public safety may
investigate any applicant for a class A, B, or C license, any
principal officer or qualifying agent of a corporation who is
specified in an application for licensure as satisfying the
requirements of divisions (A)(1) and (F)(1) of section 4749.03 of
the Revised Code, and any employee of a class A, B, or C licensee
who seeks to be registered under section 4749.06 of the Revised
Code to determine whether the individual satisfies the applicable
requirements for licensure or registration.
(B) The director of commerce may investigate, on his the
director's own
initiative, the actions or proposed actions of a class A, B, or C
licensee, or registered employee of a class A, B, or C licensee
to determine whether the person is, has been, or will be in
violation of section 4749.13 of the Revised Code. The director
shall investigate any of these persons if a verified written
complaint is filed indicating that a person has violated, or is
or will be violating, section 4749.13 of the Revised Code, the
complaint is supported by evidence submitted with it, and the
director determines that a prima-facie case exists that a
violation of that section is being, has been, or will be
committed by the person.
(C) The director of commerce may investigate, on his the
director's own
initiative, the actions or proposed actions of a person who is
not licensed or registered under this chapter and who appears to
be acting as a class A, B, or C licensee, or employee of a class
A, B, or C licensee. The director shall investigate such a
person if a verified written complaint is filed indicating that a
person was, is, or will be acting as a class A, B, or C licensee
or employee of a class A, B, or C licensee but is not licensed or
registered as such under this chapter, the complaint is supported
by evidence that is submitted with it, and the director
determines that a prima-facie case exists that the person was,
is, or will be acting in the alleged manner.
(D) In connection with investigations under divisions (B)
and (C) of this section, the director of commerce may file an
action with the court of common pleas of Franklin county or the
court of common pleas of the county in which the person who is
the subject of the investigation resides, is engaging in actions,
or proposing to engage in actions, to obtain an injunction,
restraining order, or other appropriate relief.
(E) The director of commerce may compel by subpoena
witnesses to appear and testify in relation to investigations
under this chapter and may require by subpoena duces tecum the
production of any book, paper, or document pertaining to an
investigation. If a person does not comply with a subpoena or
subpoena duces tecum, the director of commerce may apply to the
court of common pleas of Franklin county for an order compelling
the person to comply with the subpoena or subpoena duces tecum
or, for failure to do so, to be held in contempt of court.
(F) If, in an investigation under division (C) of this
section, the director determines that a person is not a class A,
B, or C licensee, or a registered employee of a class A, B, or C
licensee, and that the person was, is, or will be acting in the
alleged manner, the director may issue an order to the person to
show cause why he the person should not be subject to licensing
or
registration under this chapter. The director shall hold a
hearing on the order, and if following the hearing he the
director determines
that the person has engaged, or is or will be engaging, in
activities requiring licensure or registration under this
chapter, he the director may issue a cease and desist order that
shall
describe the person and the activities that are the subject of
it. The cease and desist order is enforceable in and may be
appealed to a court of common pleas pursuant to Chapter 119. of
the Revised Code.
(G) In any proceeding or action brought under this chapter, the burden of
proving an exemption from the licensure requirements of this chapter is on the
person claiming the benefit of the exemption.
Sec. 4749.12. (A) A person who is a resident of another
state, is licensed as a private investigator, security guard
provider, or as a private investigator and a security guard
provider in another state, and wishes to engage in the business
of private investigation, the business of security services, or
both businesses in this state, shall be licensed pursuant to
section 4749.03 of the Revised Code, but the director of commerce public safety
may waive the examination requirement of that section and issue a
license to a nonresident under the circumstances described in
division (B) of this section.
(B) If a nonresident private investigator, security guard
provider, or private investigator and security guard provider
seeking licensure under this chapter submits with the application
and accompanying matter specified in section 4749.03 of the
Revised Code proof of licensure in another state, and if the
requirements of divisions (A)(1)(a), (b), and (d) and, if
applicable, (F)(1) of section 4749.03 of the Revised Code are
satisfied and the nonresident meets all current requirements of
the laws of the other state regulating the business of private
investigation, the business of security services, or both
businesses, the director of commerce may waive the examination
requirement and fee of that section. This waiver authority may
be exercised only if the director determines that the other state
has a law similar to this division and extends to residents of
this state a similar waiver of examination privilege.
Sec. 4749.13. (A) No person shall engage in the business
of private investigation, the business of security services, or
both businesses in this state unless he the person is licensed
pursuant to
this chapter. Each day of continuing violation constitutes a
separate offense. Nothing in this chapter shall be construed to
require any employee of a class A, B, or C licensee to obtain a
class A, B, or C license, provided that an employee shall be
registered by a licensee when required by section 4749.06 of the
Revised Code. Nothing in this chapter shall be construed to
require a partner to be a class A, B, or C licensee except as
provided in division (A)(3) of section 4749.03 of the Revised
Code. Nothing in this chapter shall be construed to require a
director, officer, or qualifying agent of a corporation to
individually be a class A, B, or C licensee if the corporation is
licensed pursuant to this chapter.
(B) No class A, B, or C licensee, or registered employee
of a class A, B, or C licensee shall:
(1) Knowingly violate any provision of this chapter or any
rule of the director of commerce public safety adopted for the administration
of this chapter;
(2) Knowingly make a false report with respect to any
matter with which he the licensee or registered employee is
employed;
(3) Divulge any information acquired from or for a client
to persons other than the client or his the client's authorized
agent without
express authorization to do so or unless required by law;
(4) Knowingly accept employment which includes obtaining
information intended for illegal purposes.
(C) No person shall knowingly authorize or permit another
person to violate any provision of this chapter or any rule of
the director of commerce adopted for the administration of this
chapter.
(D) No person who is not licensed as a class A, B, or C
licensee shall advertise that he the person is or otherwise hold
himself self out
as a class A, B, or C licensee. This division does not prohibit
registered employees from indicating in the course of authorized
employment for a class A, B, or C licensee that they are
authorized to engage in investigatory, security services
activities, or both activities.
Sec. 4749.14. On receipt of a notice pursuant to
section 3123.43 of the Revised Code, the director of commerce public safety
shall comply with
sections 3123.41 to 3123.50 of the Revised Code and any applicable rules adopted under
section 3123.63 of the Revised Code
with
respect to a license issued pursuant to this chapter.
Sec. 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 fifty 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. 4755.03. There is hereby created in the department of health the Ohio
occupational therapy, physical therapy, and athletic trainers
board consisting. The board shall consist of sixteen residents of this state, who shall be
appointed by the governor with the advice and consent of the
senate. The board shall be composed of a physical therapy
section, an occupational therapy section, and an athletic
trainers section.
Five members of the board shall be physical therapists who
are licensed to practice physical therapy and who have been
engaged in or actively associated with the practice of physical
therapy in this state for at least five years immediately
preceding appointment. Such members of the board shall sit on
the physical therapy section. The physical therapy section also
shall consist of four additional members, appointed by the
governor with the advice and consent of the senate, who satisfy
the same qualifications as the members of the board sitting on
the physical therapy section, but who are not members of the
board. Such additional members of the physical therapy section
are vested with only such powers and shall perform only such
duties as relate to the affairs of that section, shall serve for
the same terms as do members of the board sitting on the physical
therapy section, and shall subscribe to and file with the
secretary of state the constitutional oath of office.
Five members of the board shall be occupational therapists
who have been engaged in or actively associated with the practice
of occupational therapy in this state for at least five years
immediately preceding appointment. Such members of the board
shall sit on the occupational therapy section.
Four members of the board shall be athletic trainers who
have been engaged in the practice of athletic training in Ohio
for at least five years immediately preceding appointment. One
member of the board shall be a physician licensed to practice
medicine and surgery in this state. Such members of the board
shall sit on the athletic trainers section.
One member of the board shall represent the public and
shall be at least sixty years of age. This member shall sit on
the board.
Terms of office are for three years, each term commencing
on the twenty-eighth day of August and ending on the
twenty-seventh day of August. Each member shall serve subsequent
to the expiration of his the member's term until his
the member's successor is appointed
and qualifies, or until a period of sixty days has elapsed,
whichever occurs first. Each member, before entering upon the
official
duties of his office, shall subscribe to and file with the
secretary of state the constitutional oath of office. All
vacancies shall be filled in the manner prescribed for the
regular appointments to the board and are limited to the
unexpired terms.
Annually, upon the qualification of the member or members
appointed in that year, the board shall organize by selecting
from its members a president and secretary. Each section of the
board shall organize by selecting from its members a chairman
chairperson and
secretary.
The majority of the members of the board constitutes a
quorum to transact and vote on the business of the board. A
majority of the members of each section constitutes a quorum to
transact and vote on the affairs of that section.
Each member of
the board and each additional member of the physical therapy section shall
receive an amount fixed pursuant to division (J)
of section 124.15 of the Revised Code for each day employed in
the discharge of his official duties. In addition, each member
of the
board and each additional member of the physical therapy section shall receive
his the member's actual and necessary expenses incurred in
the performance of his official duties.
The board of trustees of the Ohio occupational therapy
association, inc., may recommend, after any term expires or
vacancy occurs in an occupational therapy position, at least
three persons to fill each such position or vacancy on the board,
and the governor may make his the appointment from the persons
so
recommended. The executive board of the Ohio chapter, inc., of
the American physical therapy association may recommend, after
any term expires or vacancy occurs in a physical therapy
position, at least three persons to fill each such vacancy on the
board, and the governor may make his appointments from the
persons so recommended. The Ohio athletic trainers association
shall recommend to the governor at least three persons for each
of the initial appointments to an athletic trainer's position.
The Ohio athletic trainers association shall also recommend to
the governor at least three persons when any term expires or any
vacancy occurs in such a position. The governor may select one
of the association's recommendations in making such an
appointment.
The board shall meet as a whole to determine all
administrative, personnel, and budgetary matters. The executive
director of the board appointed by the board shall not be a
physical therapist, an occupational therapist, or an athletic
trainer who has been licensed to practice physical therapy,
occupational therapy, or as an athletic trainer in this state
within three years immediately preceding appointment. The
executive director shall serve at the pleasure of the board.
The occupational therapy section of the board shall have
the full authority to act on behalf of the board on all matters
concerning the practice of occupational therapy and, in
particular, the examination, licensure, and suspension or
revocation of licensure of applicants, occupational therapists,
and occupational therapy assistants. The physical therapy
section of the board shall have the full authority to act on
behalf of the board on all matters concerning the practice of
physical therapy and, in particular, the examination, licensure,
and suspension or revocation of licensure of applicants, physical
therapists, and physical therapist assistants. The athletic
trainers section of the board shall have the full authority to
act on behalf of the board on all matters concerning the practice
of athletic training and, in particular, the examination,
licensure, and suspension or revocation of licensure of
applicants and athletic trainers. All actions taken by any
section of the board under this paragraph shall be in accordance
with Chapter 119. of the Revised Code.
Sec. 4755.031. Notwithstanding any other section of this chapter, any rules required to be adopted by any section of the Ohio occupational therapy, physical therapy, and athletic trainers board shall be adopted on behalf of that section of the board by the director of health. When adopting rules for a section of the board, the director shall, to the extent the director considers appropriate, consult with or accept comments from that section. Any rules adopted prior to the effective date of this section shall continue in force as rules of the department of health until amended or rescinded by the director.
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 dollars;
(2) License renewal, eighty ninety-five dollars;
(3) A limited permit, and renewal of the permit,
fifty-five sixty-five dollars;
(4) A duplicate license or permit, twenty dollars;
(5) For processing a late application for renewal of any
license or permit, an additional fee equal to fifty per cent of
the fee for the renewal.
(B) The board shall not require a licensed dietitian
holding an inactive license to pay the renewal fee.
(C) Subject to the approval of the controlling board, the
Ohio board of dietetics may establish fees in excess of the
amounts provided in division (A) of this section, provided that
the fees do not exceed the amounts by greater than fifty per
cent.
(D) The board may adopt rules pursuant to Chapter 119. of
the Revised Code to waive all or part of the fee for an initial
license if the license is issued within one hundred days of the
date of expiration of the license.
(E) All receipts of the board shall be deposited in the
state treasury to the credit of the occupational licensing and
regulatory fund. All vouchers of the board shall be
approved by
the chairperson or secretary of the board, or both, as
authorized by the board.
Sec. 4771.22. The Ohio athletic commission shall deposit
all
money it receives under this chapter to the credit of the
athlete
agents registration occupational licensing and regulatory fund, which is hereby created in the
state
treasury. The commission shall use the fund to administer
and
enforce this chapter under section 4743.05 of the Revised Code.
Sec. 4779.08. (A) The state board of orthotics,
prosthetics, and
pedorthics shall
adopt rules in accordance
with
Chapter 119. of the
Revised Code to carry out the purposes of
this
chapter,
including rules prescribing all of the following:
(1) The form and manner of filing of applications to be
admitted to
examinations and for licensure and license renewal;
(2) Standards and procedures for formulating, evaluating,
approving, and administering licensing examinations or recognizing
other
entities that conduct examinations;
(3) The form, scoring, and scheduling of licensing
examinations;
(4) Fees for examinations and applications for licensure and
license renewal;
(5) Fees for approval of continuing education courses;
(6) Procedures for issuance, renewal, suspension, and
revocation
of licenses and the conduct of disciplinary hearings;
(7) Standards of ethical and professional conduct in the
practice
of orthotics, prosthetics, and pedorthics;
(8) Standards for approving national certification
organizations
in orthotics, prosthetics, and pedorthics;
(9) Fines for violations of this chapter;
(10) Standards for the recognition and approval of
educational
programs required for licensure, including standards
for approving
foreign educational credentials;
(11) Standards for continuing education programs required
for
license renewal;
(12) Provisions for making available the information
described in
section 4779.22 of the Revised Code.
(B) The board may adopt
any other rules necessary for
the
administration of this chapter.
(C) The fees prescribed by this section shall be paid to the
treasurer of state, who shall from
the effective date of this
section
until
December 31, 2004, deposit the
fees in the occupational licensing
and regulatory fund established
in section 4743.05 of the Revised Code.
Sec. 4779.17. The state board of orthotics, prosthetics, and
pedorthics shall issue a license under section 4779.09 of the Revised Code to
practice
orthotics, prosthetics,
orthotics and prosthetics, or pedorthics without examination to an applicant
who meets all of the following requirements:
(A) Applies to the board in accordance with
section 4779.09 of the Revised Code;
(B) Holds a license to practice orthotics, prosthetics, orthotics
and prosthetics, or pedorthics issued by the appropriate authority of another
state;
(C) One of the following applies:
(1) In the case of an applicant for a license to practice
orthotics, the applicant meets the requirements in divisions
(A)(2) and (3) of section 4779.10 of the Revised Code.
(2) In the case of an applicant for a license to practice
prosthetics, the applicant meets the requirements in divisions
(A)(2) and (3) of section 4779.11 of the Revised Code.
(3) In the case of an applicant for a license to practice
orthotics and prosthetics, the applicant meets the requirements in
divisions (A)(2) and (3) of section 4779.12 of the Revised Code.
(4) In the case of an applicant for a license to practice pedorthics, the
applicant meets the requirements in divisions
(B) and (C) of section 4779.13 of the Revised Code.
(D) The fees prescribed by
this section shall be paid to the treasurer of state, who shall from the
effective date of this section until December 31, 2004, deposit the fees in the occupational licensing and
regulatory fund established in section 4743.05 of the Revised Code.
Sec. 4779.18. (A) The state board of orthotics, prosthetics, and
pedorthics shall issue a temporary license to an individual who meets all of
the following requirements:
(1) Applies to the board in accordance with rules adopted under
section 4779.08 of the Revised Code and pays the application
fee specified in the rules;
(2) Is eighteen years of age or older;
(3) Is of good moral character;
(4) One of the following applies:
(a) In the case of an applicant for a license to practice
orthotics, the applicant meets the requirements in divisions
(A)(2) and (3) of
section 4779.10 of the Revised Code.
(b) In the case of an applicant for a license to practice
prosthetics, the applicant meets the requirements in divisions
(A)(2) and (3) of section 4779.11 of the Revised Code.
(c) In the case of an applicant for a license to practice
orthotics and prosthetics, the applicant meets the requirements in
divisions (A)(2) and (3) of section 4779.12 of the Revised Code.
(d) In the case of an applicant for a license to practice
pedorthics, the applicant meets the requirements in divisions
(B) and (C) of section 4779.13 of the Revised Code.
(B) A temporary license issued under this section is valid for
one year and may be renewed once in accordance with rules adopted by the
board under section 4779.08 of the Revised Code.
An individual who holds a temporary license may practice orthotics,
prosthetics, orthotics and
prosthetics, or pedorthics only under the supervision of an individual who
holds a license issued under section 4779.09 of the Revised Code in the same
area of practice.
(C) The fees prescribed by this section shall be paid to the
treasurer of state, who shall from the effective date of this section
until
December 31, 2004, deposit the fees in the occupational licensing
and regulatory fund established in section 4743.05 of the Revised Code.
Sec. 4903.24. If the public utilities commission finds after investigating
that any rate, joint rate, fare, charge, toll, rental, schedule, or
classification of service is unjust, unreasonable, insufficient, unjustly
discriminatory, unjustly preferential, or in violation of law, or that any
service is inadequate or cannot be obtained, the public utility found to be at
fault shall pay the expenses incurred by the commission upon such
investigation.
All fees, expenses, and costs of, or in connection with, any hearing or
investigation may be imposed by the commission upon any party to the record or
may be divided among any parties to the record in such proportion as the
commission determines.
All fees, expenses, and costs authorized and collected under this section shall be deposited to the credit of the special assessment fund, which is hereby created in the state treasury. Money in the fund shall be used by the commission for the purpose of covering the costs of any investigations or hearings it orders regarding any public utility.
Sec. 4905.79. Any telephone company, as defined in division (D)(2) of section
5727.01 of the Revised Code, that is required to provide any telephone service
program implemented after March 27, 1991, to aid the communicatively impaired
in
accessing the telephone network shall be allowed a tax credit for the costs of
any such program under section 5727.44 5733.56 of the Revised Code. Relative to any
such program, the public utilities commission, in accordance with its rules,
shall allow interested parties to intervene and participate in any proceeding
or part of a proceeding brought before the commission pursuant to this
section.
The commission shall adopt rules it considers necessary to carry out this
section.
Sec. 4905.91. For the purpose of protecting the public
safety with respect to intrastate pipe-line transportation by any
operator:
(A) The public utilities commission shall:
(1) Adopt, and may amend or rescind, rules to carry out
sections 4905.90 to 4905.96 of the Revised Code, including rules
concerning pipe-line safety, drug testing, and enforcement
procedures. The commission shall adopt these rules only after
notice and opportunity for public comment. The rules adopted
under this division and any orders issued under sections 4905.90
to 4905.96 of the Revised Code constitute the pipe-line safety
code. The commission shall administer and enforce that code.
(2) Make certifications and reports to the United States
department of transportation as required under the Natural Gas
Pipeline Safety Act.
(1) Investigate any service, act, practice, policy, or
omission by any operator to determine its compliance with
sections 4905.90 to 4905.96 of the Revised Code and the pipe-line
safety code;
(2) Investigate any intrastate pipe-line transportation
facility to determine if it is hazardous to life or property, as
provided in 82 Stat. 720 (1968), 49 U.S.C.A. App. 1679b(b)(2) and
(3);
(3) Investigate the existence or report of any
safety-related condition that involves any intrastate pipe-line
transportation facility;
(4) Enter into and perform contracts or agreements with
the United States department of transportation to inspect
interstate transmission facilities pursuant to the Natural Gas
Pipeline Safety Act;
(5) Accept grants-in-aid, funds cash, and reimbursements
provided for or made available to this state by the federal
government to carry out the Natural Gas Pipeline Safety Act or to
enforce sections 4905.90 to 4905.96 of the Revised Code and the
pipe-line safety code. All such grants-in-aid, cash, and reimbursements shall be deposited to the credit of the gas pipe-line safety fund, which is hereby created in the state treasury, to be used by the commission for the purpose of carrying out this section.
(C) The commission's regulation of gathering lines shall
conform to the regulation of gathering lines in 49 C.F.R. parts
192 and 199, as amended, and the commission's annual
certification agreements with the United States department of
transportation, except that rule 4901:1-16-03, paragraph (D) of
rule 4901:1-16-05, and rule 4901:1-16-06 of the Ohio
Administrative Code shall also apply to gathering lines. The
procedural rules under chapter 4901:1-16 of the Ohio
Administrative Code shall also apply to operators of gathering
lines.
Sec. 4919.79. (A) The public utilities commission may
adopt safety rules applicable to the highway transportation and
offering for transportation of hazardous materials in interstate
commerce, which highway transportation takes place into or
through this state.
(B) The commission may adopt safety rules applicable to
the highway transportation of persons or property in interstate
commerce, which transportation takes place into or through this
state.
(C) Rules adopted under divisions (A) and (B) of this
section shall be consistent with, and equivalent in scope,
coverage, and content to, the "Hazardous Materials Transportation
Act," 88 Stat. 2156 (1975), 49 U.S.C.A. 1801, as amended, and
regulations adopted under it, and the "Motor Carrier Safety Act
of 1984," 98 Stat. 2832, 49 U.S.C.A. 2501, and regulations
adopted under it, respectively. No person shall violate a rule
adopted under division (A) or (B) of this section or any order of
the commission issued to secure compliance with any such rule.
(D) The commission shall cooperate with, and permit the
use of, the services, records, and facilities of the commission
as fully as practicable by appropriate officers of the interstate
commerce commission, the United States department of
transportation, and other federal agencies or commissions and
appropriate commissions of other states in the enforcement and
administration of state and federal laws relating to highway
transportation by motor vehicles. The commission may enter into
cooperative agreements with the interstate commerce commission,
the United States department of transportation, and any other
federal agency or commission to enforce the economic and safety
laws and rules of this state and of the United States concerning
highway transportation by motor vehicles. All grants-in-aid, cash, and reimbursements received by the commission pursuant to those cooperative agreements shall be deposited to the credit of the motor carrier safety fund, which is hereby created in the state treasury, to be used by the commission for the purpose of carrying out this section.
(E) To achieve the purposes of this section, the commission may,
through its inspectors or other authorized employees, inspect any vehicles of
carriers of persons or property in interstate commerce subject to the safety
rules prescribed by this section and may enter upon the premises and vehicles
of such carriers to examine any of the carriers' records or documents that
relate to the safety of operation of such carriers. In order to assist the
commission in the performance of its duties under this section, authorized
employees of the commercial motor vehicle safety enforcement unit, division of
state highway patrol, of the department of public safety may enter in or upon,
for purposes
of inspection, any vehicle of any such carrier.
In order to inspect motor vehicles owned or operated by private motor
carriers of persons, authorized employees of the commercial motor vehicle
safety enforcement unit, division of state highway patrol, of the department
of public safety may enter in or upon the premises of any private carrier of
persons in interstate commerce, subject to the safety rules prescribed by this
section.
Sec. 4928.62. (A) Beginning on the starting date of competitive
retail electric service, there is hereby created the energy
efficiency revolving loan program, which shall be administered by
the director of development. Under the program, the director may
authorize the use of moneys in the energy efficiency revolving
loan fund for financial assistance for projects in this state. To the extent
feasible given approved applications for assistance, the assistance shall be
distributed among the certified territories of electric distribution utilities
and participating electric cooperatives, and among the service areas of
participating municipal electric utilities, in amounts proportionate to the
remittances of each utility and cooperative under divisions (B)(1)
and (3) of section
4928.61 of the Revised Code. The assistance shall may be made or provided through
approved
lending institutions by the director of development in the form of direct loans, or grants, or through lending institutions in the form of loan participation agreements at below market
rates, loan guarantees for such loans, and or linked deposits for
such loans. The total of all grants provided in any one fiscal year shall not exceed ten per cent of the revenues paid into the energy efficiency revolving loan fund during the previous fiscal year.
The director
shall not authorize financial assistance under the program unless
the director first determines all of the following:
(1) The project will include an investment in products,
technologies, or services, including energy efficiency or renewable energy for low-income housing,
for residential, small commercial and small
industrial business, local government, educational institution, nonprofit
entity, or agricultural customers of an electric distribution
utility in this state or a participating municipal electric
utility or electric cooperative in this state.
(2) The project will improve energy efficiency, provide for the use of renewable energy, or monitor energy usage in a cost-efficient manner
by using both the most appropriate national, federal, or
other standards for products as determined by the director, and the best
practices for use of technology, products, or services in the
context of the total facility or building.
(3) The project will benefit the economic and environmental
welfare of the citizens of this state.
(4) The receipt of financial assistance is a major factor in the
applicant's decision to proceed with or invest in the project.
(B) In carrying out sections 4928.61 to 4928.63 of the Revised Code, the
director may do all of the
following for the purpose of the energy efficiency revolving loan
program:
(1) Acquire in the name of the director any property of any kind
or character in accordance with this section, by purchase, purchase at
foreclosure, or exchange, on such terms and in such manner as the director
considers proper;
(2) Make and enter into all contracts and agreements necessary
or incidental to the performance of the director's duties and the exercise
of the director's powers under those sections;
(3) Employ or enter into contracts with financial consultants,
marketing consultants, consulting engineers, architects, managers,
construction experts, attorneys, technical monitors, energy evaluators, or
other employees or agents as the director considers necessary, and
shall fix their compensation;
(4) Adopt rules prescribing the application procedures for
financial assistance under the program; the terms and conditions of any
loans, loan guarantees, grants, linked deposits, and contracts; criteria
pertaining to the eligibility of participating lending institutions; and any
other matters necessary for the implementation of the program;
(5) Do all things necessary and appropriate for the operation of
the program.
(C) Financial statements, financial data, and trade secrets
submitted to or received by the director from an applicant or recipient of
financial assistance under sections 4928.61 to 4928.63
of the Revised Code, or any information taken from those
statements, data, or trade secrets for any purpose, are not public
records for the purpose of section 149.43 of the Revised Code.
Sec. 4928.63. The director of development and the public benefits advisory
board have the powers and duties
provided in sections 4928.61 and 4928.62 of the Revised Code, in
order to promote the welfare of the people of this state, to stabilize the
economy, to assist in the improvement and development within this state of
not-for-profit entity, industrial, commercial, distribution,
residential, and research buildings and activities required for
the people of this state, to improve the economic welfare of the
people of this state, and also to assist in the improvement of
air, water, or thermal pollution control facilities and solid
waste disposal facilities. It is hereby determined that the
accomplishment of those purposes is essential so that the people
of this state may maintain their present high standards in
comparison with the people of other states and so that
opportunities for improving the economic welfare of the people of
this state, for improving the housing of residents of this state,
and for favorable markets for the products of this state's natural
resources, agriculture, and manufacturing shall be improved; and
that it is necessary for this state to establish the program
authorized pursuant to sections 4928.61 and 4928.62 of the Revised
Code, to establish the energy efficiency revolving
loan program and program fund and the energy efficiency revolving loan program
advisory board, and to vest the director and the board with the powers and
duties provided in sections 4928.61 and 4928.62 of the Revised Code.
Sec. 4931.45. (A) A final plan may be amended to expand
the territory included in the countywide 9-1-1 system, to upgrade
any part or all of a system from basic 9-1-1 to enhanced 9-1-1
service, to adjust the territory served by a public safety
answering point, to represcribe the funding of public safety
answering points as between the alternatives set forth in
division (B)(5) of section 4931.43 of the Revised Code, or to
make any other necessary adjustments to the plan only by
convening a new 9-1-1 planning committee, and adopting an amended
final plan. The convening of a new 9-1-1 planning committee and
the proposal and adoption of an amended final plan shall be made
in the same manner required for the convening of an initial
committee and adoption of an original proposed and final plan
under sections 4931.42 to 4931.44 of the Revised Code. Adoption
of any resolution under section 4931.51 of the Revised Code
pursuant to a final plan that both has been adopted and provides
for funding through charges imposed under that section is not an
amendment of a final plan for the purpose of this division.
(B) When a final plan is amended to expand the territory
that receives 9-1-1 service or to upgrade a 9-1-1 system from
basic to enhanced 9-1-1 service, the provisions of sections
4931.47 and 5727.39 5733.55 of the Revised Code apply with respect to the
telephone company's recovery of the nonrecurring and recurring
rates and charges for the telephone network portion of the
system.
Sec. 4931.47. (A) In accordance with Chapters 4901.,
4903., 4905., 4909., and 4931. of the Revised Code, the public
utilities commission shall determine the just, reasonable, and
compensatory rates, tolls, classifications, charges, or rentals
to be observed and charged for the telephone network portion of a
basic and enhanced 9-1-1 system, and each telephone company
participating in the system shall be subject to such chapters, to
the extent they apply, as to the service provided by its portion
of the telephone network system as described in the final plan or
to be installed pursuant to agreements under section 4931.48 of
the Revised Code, and as to the rates, tolls, classifications,
charges, or rentals to be observed and charged for that service.
(B) Only the customers of a participating telephone
company that are served within the area covered by a 9-1-1 system
shall pay the recurring rates for the maintenance and operation
of the telephone network in providing 9-1-1 service. Such rates
shall be computed by dividing the total monthly recurring rates
set forth in a telephone company's schedule as filed in
accordance with section 4905.30 of the Revised Code, by the total
number of residential and business customer access lines, or
their equivalent, within the area served. Each residential and
business customer within the area served shall pay the recurring
rates based on the number of its residential and business
customer access lines or their equivalent. No company may
include such amount on any customer's bill until the company has
completed its portion of the telephone network in accordance with
the terms, conditions, requirements, and specifications of the
final plan or an agreement made under section 4931.48 of the
Revised Code.
(C)(1) Except as otherwise provided in division (C)(2) of
this section, the total nonrecurring charges for the telephone
network used in providing 9-1-1 service, as set forth in the
schedule filed by a telephone company in accordance with section
4905.30 of the Revised Code, on completion of the installation of
the network in accordance with the terms, conditions,
requirements, and specifications of the final plan or pursuant to
section 4931.48 of the Revised Code shall be recovered by the
company through the credit authorized by section 5727.39 5733.55 of the
Revised Code.
(2) The credit shall not be allowed for upgrading of a
system from basic to enhanced 9-1-1 service when:
(a) The telephone company received the credit for the
telephone network portion of the basic 9-1-1 system now proposed
to be upgraded; and
(b) At the time the final plan or agreement pursuant to
section 4931.48 of the Revised Code calling for the basic 9-1-1
system was agreed to, the telephone company was capable of
reasonably meeting the technical and economic requirements of
providing the telephone network portion of an enhanced 9-1-1
system within the territory proposed to be upgraded, as
determined by the public utilities commission under division (A)
or (H) of section 4931.41 or division (C) of section 4931.48 of
the Revised Code.
(3) When the credit is not allowed under division (C)(2)
of this section, the total nonrecurring charges for the telephone
network used in providing 9-1-1 service, as set forth in the
schedule filed by a telephone company in accordance with section
4905.30 of the Revised Code, on completion of the installation of
the network in accordance with the terms, conditions,
requirements, and specifications of the final plan or pursuant to
section 4931.48 of the Revised Code, shall be paid by the
municipal corporations and townships with any territory in the
area in which such upgrade from basic to enhanced 9-1-1 service
is made.
(D) Where customer premises equipment for a public safety
answering point is supplied by a telephone company that is
required to file a schedule under section 4905.30 of the Revised
Code pertaining to customer premises equipment, the recurring and
nonrecurring rates and charges for the installation and
maintenance of the equipment specified in the schedule shall
apply.
Sec. 4931.48. (A) If a final plan is disapproved under
division (B) of section 4931.44 of the Revised Code, by
resolution, the legislative authority of a municipal corporation
or township that contains at least thirty per cent of the
county's population may establish within its boundaries, or the
legislative authorities of a group of municipal corporations or
townships each of which is contiguous with at least one other
such municipal corporation or township in the group, together
containing at least thirty per cent of the county's population,
may jointly establish within their boundaries a 9-1-1 system.
For this purpose, the municipal corporation or township may enter
into an agreement, and the contiguous municipal corporations or
townships may jointly enter into an agreement with a telephone
company providing service in the municipal corporations or
townships to provide for the telephone network portion of the
system.
(B) If no resolution has been adopted to convene a 9-1-1
planning committee under section 4931.42 of the Revised Code, but
not sooner than eighteen months after the effective date of such
section, by resolution, the legislative authority of any
municipal corporation in the county may establish within its
boundaries, or the legislative authorities of a group of
municipal corporations and townships each of which is contiguous
to at least one of the other such municipal corporations or
townships in the group may jointly establish within their
boundaries, a 9-1-1 system. The municipal corporation or
contiguous municipal corporations and townships, may enter into
an agreement with a telephone company serving cutomers customers
within the boundaries of the municipal corporation or contiguous
municipal corporations and townships, to provide for the
telephone network portion of a 9-1-1 system.
(C) Whenever a telephone company and one or more municipal
corporations and townships enter into an agreement under this
section to provide for the telephone network portion of a basic
9-1-1 system, the telephone company shall so notify the public
utilities commission, which shall determine whether the telephone
company is capable of reasonably meeting the technical and
economic requirements of providing the telephone network for an
enhanced system within the territory served by the company and
covered by the agreement. The determination shall be made solely
for the purposes of division (C)(2) of section 4931.47 of the
Revised Code.
(D) Within three years from the date of entering into an
agreement under division (A) or (B) of this section, the
telephone company shall have installed the telephone network
portion of the 9-1-1 system according to the terms, conditions,
requirements, and specifications set forth in the agreement.
(E) The telephone company shall recover the cost of
installing the telephone network system pursuant to agreements
made under this section as provided in sections section 4931.47 and
5727.39 of the Revised Code, as authorized under section 5733.55 of the Revised Code.
Sec. 4973.17. (A) Upon the application of any bank,
building and loan association, or association of banks or
building and loan associations in this state, the governor secretary of state 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 secretary of state
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 secretary of state, 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 secretary of state may appoint and commission
any persons that the railroad company designates, or as many of
those persons as the governor secretary of state 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 secretary of state, 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 secretary of state 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 secretary of state 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 secretary of state may appoint and
commission any persons that the hospital designates, or as many of
those persons as the governor secretary of state 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 secretary of state 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. 4981.20. (A) Any real or personal property, or both,
of the Ohio rail development commission that is acquired,
constructed,
reconstructed,
enlarged, improved, furnished, or
equipped, or any combination
thereof, and leased or subleased
under authority of sections
4981.11 to 4981.26 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 to 4981.26 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)(13) of
section 5739.02 of the Revised Code shall not be
applicable to
purchases for a project under sections 4981.11 to
4981.26 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 to 4981.26 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 to 4981.26 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. 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. The department may also enter into contracts with public entities providing revenue maximization services.
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 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, as if they were internal management rules. 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)(C)(2),
(4), or (5), or (6) 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.
(D) The agency's or entity's misstatement, misclassification, overstatement, understatement, or other inclusion or omission of any cost included in the cost report is not the result of directives the department gave to the agency or entity.
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. 5101.162. The Subject to available federal funds and appropriations made by the general assembly, the department of job and family services
may, at its sole discretion,
use available federal funds to reimburse county expenditures for
county administration of food stamps or medicaid even though the
county expenditures meet or exceed the maximum allowable reimbursement
amount established by rules adopted under section 5101.161 of the
Revised Code
if the board
of county commissioners has not entered
into a
partnership fiscal agreement with the director of job and family
services under section 5101.21 of the Revised Code. The
director
may adopt
internal management rules in accordance with section
111.15 of the Revised
Code to implement this section.
Sec. 5101.18. (A) When the director of
job and family
services adopts rules under section 5107.05 regarding
income
requirements for the
Ohio works first program and
under section
5115.05 5115.03 of the
Revised
Code regarding income and
resource
requirements for the disability financial assistance program, the
director
shall determine what payments shall
be
regarded or disregarded.
In making this
determination, the director shall consider:
(1) The source of the payment;
(2) The amount of the payment;
(3) The purpose for which the payment was made;
(4) Whether regarding the payment as income would be in
the
public interest;
(5) Whether treating the payment as income would be
detrimental to
any of the programs administered in whole or in
part by the
department of job and family services and whether such
determination
would
jeopardize the receipt of any federal grant or
payment by the
state or any receipt of aid under Chapter 5107. of
the Revised
Code.
(B) Any recipient of aid under Title XVI of the
"Social
Security Act,"
49 Stat. 620
(1935), 42 U.S.C. 301, as amended,
whose money payment is
discontinued as the result of a general
increase in old-age,
survivors, and disability insurance benefits
under such act,
shall remain a recipient for the purpose
of
receiving
medical assistance through the medical assistance
program
established under section 5111.01 of the Revised Code.
Sec. 5101.181. (A) As used in this section and section 5101.182 of the
Revised Code, "public assistance" includes, in addition to Ohio
works first; prevention, all of the following:
(1) Prevention retention, and
contingency; medicaid
(2) Medicaid; and disability
(3) Disability financial
assistance, general;
(4) Disability medical assistance;
(5) General assistance provided
prior to July
17, 1995, under former Chapter 5113. of
the Revised Code.
(B) As part of the procedure for the
determination of overpayment to a recipient of public assistance
under Chapter 5107., 5108., 5111., or 5115. of the Revised Code,
the director of job and family services shall furnish quarterly the name
and social security number of each individual who receives public
assistance to the director of administrative services, the
administrator of the bureau of workers' compensation, and each of
the state's retirement boards. Within fourteen days after
receiving the name and social security number of an individual
who receives public assistance, the director of administrative
services, administrator, or board shall inform the auditor of
state as to whether such individual is receiving wages or
benefits, the amount of any wages or benefits being received, the
social security number, and the address of the individual. The
director of administrative services, administrator, boards, and
any agent or employee of those officials and boards shall comply
with the rules of the director of job
and family services restricting the disclosure of information regarding
recipients of public
assistance. Any person who violates this provision shall
thereafter be disqualified from acting as an agent or employee or
in any other capacity under appointment or employment of any
state board, commission, or agency.
(C) The auditor of state may enter into a reciprocal
agreement with the director of job and family services or
comparable
officer of any other state for the exchange of names, current or
most recent addresses, or social security numbers of persons
receiving public assistance under Title
IV-A or under
Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42
U.S.C. 301, as amended.
(D)(1) The auditor of state shall retain, for not less than two years, at
least one copy of all information
received under this section and sections 145.27, 742.41,
3307.20, 3309.22, 4123.27, 5101.182, and 5505.04 of
the Revised
Code. The auditor shall review the information to determine whether
overpayments were made to recipients of
public assistance under Chapters 5107., 5108., 5111., and 5115.
of the Revised Code. The auditor of state
shall initiate action leading to prosecution, where warranted, of
recipients who received overpayments by forwarding the name of
each recipient who received overpayment, together with other
pertinent information, to the director of job and family
services and the
attorney general, to the district director of job and
family services of
the district through which public assistance was received, and to
the county director of job and family services and county
prosecutor of
the county through which public assistance was received.
(2) The auditor of state and the attorney general or their
designees may examine any records, whether in computer or printed
format, in the possession of the director of job and
family services or
any county director of job and family services. They
shall provide
safeguards which restrict access to such records to purposes
directly connected with an audit or investigation, prosecution,
or criminal or civil proceeding conducted in connection with the
administration of the programs and shall comply with the rules of
the director of job and family
services restricting the disclosure of
information regarding recipients of public assistance. Any
person who violates this provision shall thereafter be
disqualified from acting as an agent or employee or in any other
capacity under appointment or employment of any state board,
commission, or agency.
(3) Costs incurred by the auditor of state in carrying out
the auditor of state's duties under this division shall be
borne by
the auditor of state.
Sec. 5101.20. (A) As used in this section of the Revised Code:
(1) "Local area" has the same meaning as in section 101 of the "Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C. 2801, as amended, and division (A) of section 6301.01 of the Revised Code;
(2) "Chief elected official" has the same meaning as in section 101 of the "Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C. 2801, as amended, and division (F) of section 6301.01 of the Revised Code;
(3) "Grantee" means the chief elected officials of a local area.
(B) The director of job and family services shall enter into one or more written grant agreements with each local area under which financial assistance is awarded for workforce development activities included in the agreements. A grant agreement shall establish the terms and conditions governing the accountability for and use of grants provided by the department of job and family services to the grantee for the administration of workforce development activities funded under the "Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C. 2801, as amended.
(C) In the case of a local area comprised of multiple political subdivisions, nothing in this section shall preclude the chief elected officials of a local area from entering into an agreement among themselves to distribute any liability for activities of the local area, but such an agreement shall not be binding on the department of job and family services.
(D) The written grant agreement entered into under division (B) of this section shall comply with all applicable federal and state laws governing workforce development activities. All federal conditions and restrictions that apply to the use of grants received by the department of job and family services shall apply to the use of the grants received by the local areas from the department.
(E) A written grant agreement entered into under division (B) of this section shall:
(1) Identify the chief elected officials for the local area;
(2) Provide for the incorporation of the local workforce development plan;
(3) Include the chief elected officials' assurance that the local area and any subgrantee or contractor of the local area will do all of the following:
(a) Ensure that the financial assistance awarded under the grant agreement is used, and the workforce development duties included in the agreement are performed, in accordance with requirements established by the department or any of the following: federal or state law, the state plan for receipt of federal financial participation, grant agreements between the department and a federal agency, or executive orders.
(b) Ensure that the chief elected officials and any subgrantee or contractor of the local area utilize a financial management system and other accountability mechanisms that meet requirements the department establishes;
(c) Require the chief elected officials and any subgrantee or contractor of the local area to do both of the following:
(i) Monitor all private and government entities that receive a payment from financial assistance awarded under the grant agreement to ensure that each entity uses the payment in accordance with requirements for the workforce development duties included in the agreement;
(ii) Take action to recover payments that are not used in accordance with the requirements for the workforce development duties that are included in the agreement.
(d) Require the chief elected officials of a local area to promptly reimburse the department the amount that represents the amount a local area is responsible for of funds the department pays to any entity because of an adverse audit finding, adverse quality control finding, final disallowance of federal financial participation, or other sanction or penalty;
(e) Require chief elected officials of a local area to take prompt corrective action if the department, auditor of state, federal agency, or other entity authorized by federal or state law to determine compliance with requirements for a workforce development duty included in the agreement determines compliance has not been achieved;
(4) Provide that the award of financial assistance is subject to the availability of federal funds and appropriations made by the general assembly;
(5) Provide for annual financial, administrative, or other incentive awards, if any, to be provided in accordance with section 5101.23 of the Revised Code.
(6) Establish the method of amending or terminating the grant agreement and an expedited process for correcting terms or conditions of the agreement that the director and the chief elected officials agree are erroneous.
(7) Provide for the department of job and family services to award financial assistance for the workforce development duties included in the agreement in accordance with a methodology for determining the amount of the award established by rules adopted under division (F) of this section.
(8) Determine the dates that the grant agreement begins and ends.
(F)(1) The director shall adopt rules in accordance with section 111.15 of the Revised Code governing grant agreements. The director shall adopt the rules as if they were internal management rules. The rules shall establish methodologies to be used to determine the amount of financial assistance to be awarded under the agreements and may do any of the following:
(a) Govern the establishment of consolidated funding allocations and other allocations;
(b) Specify allowable uses of financial assistance awarded under the agreements;
(c) Establish reporting, cash management, audit, and other requirements the director determines are necessary to provide accountability for the use of financial assistance awarded under the agreements and determine compliance with requirements established by the department or any of the following: a federal or state law, state plan for receipt of federal financial participation, grant agreement between the department and a federal entity, or executive order.
(2) A requirement of a grant agreement established by a rule adopted under this division is applicable to a grant agreement without having to be restated in the grant agreement.
Sec. 5101.201. 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. 5101.21. (A) As used in sections 5101.21 to
5101.24 of the Revised
Code, "workforce development
agency" and "workforce development activity" have
the same
meanings as in section 6301.01 of the Revised Code this section, "county signer" means all of the following:
(1) A board of county commissioners;
(2) A county children services board appointed under section 5153.03 of the Revised Code if required by division (B) of this section to enter into a fiscal agreement;
(3) A county elected official that is a child support enforcement agency if required by division (B) of this section to enter into a fiscal agreement.
(B) The director of job and family services shall may enter
into a one or more written partnership
agreement fiscal agreements with each
board boards of county commissioners.
(C)(1) Each partnership agreement shall include provisions
regarding the administration and design of all of the following:
(a) The
Ohio works first program established under Chapter 5107.
of the Revised Code;
(b) The prevention, retention, and contingency program
established under Chapter 5108. of the Revised Code;
(c) Duties assumed by a
county department of job and family services pursuant to
an
agreement entered into under section 329.05 of the Revised Code;
(d) Any other
county department of job and family services' duties that
the director and board
mutually agree to include in the agreement;
(e) If, for the purpose of Chapter 6301. of the
Revised Code, the
county the board serves is a local area defined in division (A)(2)
or (3) of section 6301.01 of the Revised Code, workforce
development activities provided by the workforce development agency
established or designated for the local area.
(2) Each partnership agreement may include provisions
regarding the
administration and design of the duties of child support enforcement agencies
and public children services agencies included in a plan of cooperation
entered into under section 307.983 of the Revised Code that the director and
board mutually
agree to include in the agreement.
(D) Family services duties and workforce development
activities included in a partnership
agreement shall be vested in the board of county commissioners. The
agreement shall comply with
federal statutes and regulations, state statutes, and, except as provided
in division (D)(9) of this
section, state rules governing the family
services duties or workforce development activities included in the
agreement.
A partnership under which financial assistance is awarded for family services duties included in the agreements. Boards of county commissioners shall select which family services duties to include in a fiscal agreement. If a board of county commissioners elects to include family services duties of a public children services agency and a county children services board appointed under section 5153.03 of the Revised Code serves as the county's public children services agency, the board of county commissioners and county children services board shall jointly enter into the fiscal agreement with the director. If a board of county commissioners elects to include family services duties of a child support enforcement agency and the entity designated under former section 2301.35 of the Revised Code prior to October 1, 1997, or designated under section 307.981 of the Revised Code as the county's child support enforcement agency is an elected official of the county, the board of county commissioners and county elected official shall jointly enter into the fiscal agreement with the director. A fiscal agreement shall include responsibilities
that the state department of job and family services,
county family services agencies administering family
services duties included in
the agreement, and workforce development agencies administering
workforce development activities included in the agreement must satisfy.
The agreement shall establish,
specify, or provide for do all of the following:
(1) Requirements governing the administration and design
of, and county family services agencies' or
workforce development agencies' cooperation to enhance,
family services duties or workforce
development activities included in the agreement Specify the family services duties included in the agreement and the private and government entities designated under section 307.981 of the Revised Code to serve as the county family services agencies performing the family services duties;
(2) Outcomes that county family services
agencies or workforce development agencies are
expected to achieve from the administration and design of family services
duties or workforce development
activities included in the agreement and assistance,
services, and technical support the state department will
provide the county family services agencies or
workforce development agencies to aid the agencies
in achieving the expected outcomes Provide for the department of job and family services to award financial assistance for the family services duties included in the agreement in accordance with a methodology for determining the amount of the award established by rules adopted under division (D) of this section;
(3) Performance and other administrative standards county family
services agencies or workforce development
agencies
are required to meet in the design, administration, and outcomes of family
services duties or workforce development
activities included in the agreement and assistance,
services, and technical support the state department will
provide the county family services agencies or
workforce development agencies to aid the agencies
in meeting the performance and other administrative standards Specify the form of the award of financial assistance which may be an allocation, cash draw, reimbursement, property, or, to the extent authorized by an appropriation made by the general assembly and to the extent practicable and not in conflict with a federal or state law, a consolidated funding allocation for two or more family services duties included in the agreement;
(4) Criteria and methodology the state department will
use to evaluate whether expected outcomes are achieved and
performance and other administrative standards are met and county
family services agencies
or workforce development agencies will use to evaluate whether the
state department is providing
agreed upon assistance, services, and technical support Provide that the award of financial assistance is subject to the availability of federal funds and appropriations made by the general assembly;
(5) Annual Specify annual financial, administrative, or other incentive
awards, if any, to be provided in accordance with section
5101.23 of the Revised
Code;
(6) The state Include the assurance of each county signer that the county signer will do all of the following:
(a) Ensure that the financial assistance awarded under the agreement is used, and the family services duties included in the agreement are performed, in accordance with requirements for the duties established by the department, a federal or state law, or any of the following that concern the family services duties included in the fiscal agreement and are published under section 5101.212 of the Revised Code: state plans for receipt of federal financial participation, grant agreements between the department and a federal agency, and executive orders issued by the governor;
(b) Ensure that the board and county family services agencies utilize a financial management system and other accountability mechanisms for the financial assistance awarded under the agreement that meet requirements the department establishes;
(c) Require the county family services agencies to do both of the following:
(i) Monitor all private and government entities that receive a payment from financial assistance awarded under the agreement to ensure that each entity uses the payment in accordance with requirements for the family services duties included in the agreement;
(ii) Take action to recover payments that are not used in accordance with the requirements for the family services duties included in the agreement.
(d) Require county family services agencies to promptly reimburse the department the amount that represents the amount an agency is responsible for, pursuant to action the department takes under division (C) of section 5101.24 of the Revised Code, of funds the department pays to any entity because of an adverse audit finding, adverse quality control finding, final disallowance of federal financial participation, or other sanction or penalty;
(e) Require county family services agencies to take prompt corrective action, including paying amounts resulting from an adverse finding, sanction, or penalty, if the department, auditor of state, federal agency, or other entity authorized by federal or state law to determine compliance with requirements for a family services duty included in the agreement determines compliance has not been achieved;
(f) If the department establishes a consolidated funding allocation for two or more family services duties included in the agreement, require the county family services agencies to use funds available in the consolidated funding allocation only for the purpose for which the funds are appropriated.
(7) Provide for the department taking action pursuant to division
(C) of section 5101.24 of the Revised Code if authorized by division
(B)(1), (2), or (3), or (4) of
that
section applies;
(7) The funding of family services duties or
workforce development activities included in the
agreement and whether the state department will establish a
consolidated funding
allocation under division (E)
of this section. The agreement shall either specify the amount
of payments to be made for the family services
duties or workforce development activities included in
the agreement or the method that will be used to determine the
amount of payments.
(8) Audits Provide for timely audits required by federal statutes and regulations
and state law and requirements for require prompt release of audit
findings and prompt action to correct problems identified in an
audit;
(9) Which, if any, of the state department's rules will
be waived so that a policy provided for in the agreement may be
implemented Comply with all of the requirements for the family services duties that are included in the agreement and have been established by the department, federal or state law, or any of the following that concern the family services duties included in the fiscal agreement and are published under section 5101.212 of the Revised Code: state plans for receipt of federal financial participation, grant agreements between the department and a federal agency, and executive orders issued by the governor;
(10) The Provide for dispute resolution procedures in accordance with section 5101.24 of the Revised Code;
(11) Establish the method of amending or terminating the agreement
and an expedited process for correcting terms or conditions of
the agreement that the director and board of each county commissioners signer agree
are
erroneous;
(11) Dispute resolution procedures for anticipated and
unanticipated disputes. The agreement may establish different
dispute resolution procedures for different types of disputes.
Dispute resolution procedures may include negotiation,
mediation, arbitration, adjudication conducted by a hearing
officer or fact-finding panel, and other procedures.
(12) The date the agreement is to commence or Except as provided in rules adopted under division (D) of this section, begin on the first day of July of an odd-numbered year and end on the last day of June of the next odd-numbered year. An
agreement may not commence before it is entered into nor end
later than the last day of the state fiscal biennium for which
it is entered into.
(13) If workforce development activities are included in the agreement,
all of the following:
(a) The workforce development plan prepared under section 6301.07
of the Revised Code to be attached to and incorporated into
the agreement;
(b) A description of the services, and a list of the core
services, provided in the one-stop system for workforce development activities
the county served by
the board participates in under section 6301.06 of the Revised
Code to be included in the
agreement;
(c) If the county served by the board of county commissioners is
in the type of local area defined in division (A)(3) of section
6301.01 of the Revised Code, the method and manner by which
the
board of county commissioners of each county and the chief elected
official of a municipal corporation in the local area shall
coordinate workforce development activities and resolve
disagreements concerning either of the following:
(i) Choices concerning specifically who to appoint to the
workforce policy board created under section 6301.06 of the
Revised Code, within the criteria for membership set forth
in that section;
(ii) Whether a member of the workforce policy board is performing
satisfactorily for purposes of serving at the pleasure of the chief elected
officials of the local area.
(14) Other provisions determined necessary by the state department, board,
county family
services agency, and workforce development agency.
(E)(C) The state department
shall make payments authorized by a partnership fiscal agreement on vouchers it
prepares and may
include any funds appropriated or allocated to it for carrying
out family services duties or workforce
development activities vested in the board of county
commissioners under included in the agreement, including funds for personal
services and maintenance.
(F)(1) To the extent practicable and not in conflict with federal
statutes or regulations, state law, or an appropriation made
by the general assembly, the director may establish a
consolidated funding allocation for any of the following:
(a) Two or more family services duties included in
the
agreement;
(b) Two or more workforce development activities included in the
agreement;
(c) One or more family services duties and workforce development
activities included in the agreement.
(2) The consolidated funding allocation may be for either of the
following:
(a) A county that is the type of local area defined in division
(A)(2) of section 6301.01 of the Revised Code;
(b) Two or more counties, or a municipal corporation and one or
more counties, in the type of local area defined in division
(A)(3) of section 6301.01 of the
Revised Code that are coordinating and integrating
workforce development activities in the local area.
(3) A county family services agency or
workforce development agency shall use
funds available
in a consolidated funding allocation only for the purpose for which the funds
were appropriated.
(D)(1) The director shall adopt rules in accordance with section 111.15 of the Revised Code governing fiscal agreements. The director shall adopt the rules as if they were internal management rules. Before adopting the rules, the director shall give the public an opportunity to review and comment on the proposed rules. The rules shall establish methodologies to be used to determine the amount of financial assistance to be awarded under the agreements. The rules also shall establish terms and conditions under which an agreement may be entered into after the first day of July of an odd-numbered year. The rules may do any or all of the following:
(a) Govern the establishment of consolidated funding allocations and specify the time period for which a consolidated funding allocation is to be provided if the effective date of the agreement is after the first day of July of an odd-numbered year, which may include a time period before the effective date of the agreement;
(b) Govern the establishment of
other allocations;
(c) Specify allowable uses of financial assistance awarded under the agreements;
(d) Establish reporting, cash management, audit, and other requirements the director determines are necessary to provide accountability for the use of financial assistance awarded under the agreements and determine compliance with requirements established by the department, a federal or state law, or any of the following that concern the family services duties included in the agreements and are published under section 5101.212 of the Revised Code: state plans for receipt of federal financial participation, grant agreements between the department and a federal entity, and executive orders issued by the governor.
(2) A requirement of a fiscal agreement established by a rule adopted under this division is applicable to a fiscal agreement without having to be restated in the fiscal agreement.
Sec. 5101.211. (A) Except as provided in division (B) of this section, the director of job and family services may provide for a fiscal agreement entered into under section 5101.21 of the Revised Code to have a retroactive effective date of the first day of July of an odd-numbered year if both of the following are the case:
(1) The agreement is entered into after that date and before the last day of that July.
(2) The board of county commissioners requests the retroactive effective date and provides the director good cause satisfactory to the director for the reason the agreement was not entered into on or before the first day of that July.
(B) The director may provide for a fiscal agreement to have a retroactive effective date of July 1, 2003, if both of the following are the case:
(1) The agreement is entered into after July 1, 2003, and before August 29, 2003.
(2) The board of county commissioners requests the retroactive effective date.
Sec. 5101.212. The department of job and family services shall publish in a manner accessible to the public all of the following that concern family services duties included in fiscal agreements entered into under section 5101.21 of the Revised Code: state plans for receipt of federal financial participation, grant agreements between the department and a federal agency, and executive orders issued by the governor. The department may publish the materials electronically or otherwise.
Sec. 5101.213. (A) Except as provided in section 5101.211 of the Revised Code, if a fiscal agreement under section 5101.21 of the Revised Code between the director of job and family services and a board of county commissioners is not in effect, all of the following apply:
(1) The department of job and family services shall award to the county the board serves financial assistance for family services duties in accordance with a methodology for determining the amount of the award established by rules adopted under division (B) of this section.
(2) The financial assistance may be provided in the form of allocations, cash draws, reimbursements, and property but may not be made in the form of a consolidated funding allocation.
(3) The award of the financial assistance is subject to the availability of federal funds and appropriations made by the general assembly.
(4) The county family services agencies performing the family services duties for which the financial assistance is awarded shall do all of the following:
(a) Use the financial assistance, and perform the family services duties, in accordance with requirements for the duties established by the department, a federal or state law, or any of the following that concern the duties: state plans for receipt of federal financial participation, grant agreements between the department and a federal agency, and executive orders issued by the governor;
(b) Utilize a financial management system and other accountability mechanisms for the financial assistance that meet requirements the department establishes;
(c) Monitor all private and government entities that receive a payment from the financial assistance to ensure that each entity uses the payment in accordance with requirements for the family services duties and take action to recover payments that are not used in accordance with the requirements for the family services duties;
(d) Promptly reimburse the department the amount that represents the amount an agency is responsible for, pursuant to action the department takes under division (C) of section 5101.24 of the Revised Code, of funds the department pays to any entity because of an adverse audit finding, adverse quality control finding, final disallowance of federal financial participation, or other sanction or penalty;
(e) Take prompt corrective action, including paying amounts resulting from an adverse finding, sanction, or penalty, if the department, auditor of state, federal agency, or other entity authorized by federal or state law to determine compliance with requirements for a family services duty determines compliance has not been achieved.
(B) The director shall adopt rules in accordance with section 111.15 of the Revised Code as necessary to implement this section. The director shall adopt the rules as if they were internal management rules. Before adopting the rules, the director shall give the public an opportunity to review and comment on the proposed rules. The rules shall establish methodologies to be used to determine the amount of financial assistance to be awarded and may do any or all of the following:
(1) Govern the establishment of funding allocations;
(2) Specify allowable uses of financial assistance the department awards under this section;
(3) Establish reporting, cash management, audit, and other requirements the director determines are necessary to provide accountability for the use of the financial assistance and determine compliance with requirements established by the department, a federal or state law, or any of the following that concern the family services duties for which the financial assistance is awarded: state plans for receipt of federal financial participation, grant agreements between the department and a federal entity, and executive orders issued by the governor.
Sec. 5101.211 5101.214. The director of job and family services
may enter into a written
agreement with one or more state agencies, as defined in section
117.01 of the Revised
Code, and state universities
and colleges to assist in the coordination, provision, or
enhancement of the family services duties of a
county family services agency or the workforce development
activities of a workforce development agency. The director also may enter
into written
agreements or contracts with, or issue grants to, private and
government entities under which funds are provided for the
enhancement or innovation of family services duties or
workforce development activities on the
state or local level. The terms of an agreement, contract, or grant
under this section may be incorporated into a partnership
agreement the director enters into with a board of county
commissioners under section 5101.21 or with the chief elected official of a
municipal corporation under section 5101.213 of the Revised
Code, if the director and board or chief elected official
and state agency, state university or college, or private or
government entity agree.
The director may adopt internal management rules in accordance with section
111.15 of the Revised Code to implement this section.
Sec. 5101.212 5101.215. If the director of job and family
services
enters
into an agreement or contracts with, or issues a grant to,
a
religious organization under section 5101.211 5101.214 of the
Revised
Code, the religious
organization shall comply with section 104 of
the
Personal Responsibility and Work Opportunity and
Reconciliation Act of 1996
(P.L. 104-193).
Sec. 5101.216. The director of job and family services may enter into one or more written operational agreements with boards of county commissioners to do one or more of the following regarding family services duties:
(A) Provide for the director to amend or rescind a rule the director previously adopted;
(B) Provide for the director to modify procedures or establish alternative procedures to accommodate special circumstances in a county;
(C) Provide for the director and board to jointly identify operational problems of mutual concern and develop a joint plan to address the problems;
(D) Establish a framework for the director and board to modify the use of existing resources in a manner that is beneficial to the department of job and family services and the county that the board serves and improves family services duties for the recipients of the services.
Sec. 5101.22. The department of job and family services
may establish performance and other administrative standards for the
administration and outcomes of family services duties and workforce
development
activities and determine at intervals the department
decides the degree to which a county family
services agency or workforce development agency
complies with a performance or other administrative standard. The
department may use
statistical sampling, performance audits, case reviews, or other
methods it determines necessary and appropriate to determine
compliance with performance and administrative standards.
A performance or other administrative standard established under this section
for
a family service duty or workforce development
activity does not apply to a county
family services
agency or workforce development agency administering the duty if a
different performance or administrative
standard is specified for the agency's administration of the
duty or activity pursuant to a partnership agreement entered into under
section 5101.21 or 5101.213 of the Revised
Code.
Sec. 5101.221. (A) Except as provided by division (C) of this section, if the department of job and family services determines that a county family services agency has failed to comply with a performance or other administrative standard established under section 5101.22 of the Revised Code for the administration or outcome of a family services duty, the department shall require the agency to develop, submit to the department for approval, and comply with a corrective action plan.
(B) If a county family services agency fails to develop, submit to the department, or comply with a corrective action plan under division (A) of this section, or the department disapproves the agency's corrective action plan, the department may require the agency to develop, submit to the department for approval, and comply with a corrective action plan that requires the agency to commit existing resources to the plan.
(C) The department may not require a county family services agency to take action under this section for failure to comply with a performance or other administrative standard if either of the following is the case:
(1) Federal law requires the department to establish the standard.
(2) The standard is established for an incentive.
Sec. 5101.222. The director of job and family services may adopt rules in accordance with section 111.15 of the Revised Code to implement sections 5111.22 to 5111.222 of the Revised Code. If the director adopts the rules, the director shall adopt the rules as if they were internal management rules.
Sec. 5101.24. (A) As used in this section, "responsible entity" means the
following:
(1) If the family services duty or workforce development activity
involved is included in a partnership agreement a board of county
commissioners and the director of job and family services enters into
under section 5101.21 of the Revised Code, the
board
regardless of the fact that or
a county family services agency performs the family services
duty or a workforce development agency performs the workforce development
activity.
(2) If the family services duty or workforce development activity
involved is not included in a partnership agreement, the county family
services agency or workforce development agency, whichever the director of job and family services determines is appropriate to take action against under division (C) of this section.
(B) The Regardless of whether a family services duty is performed by a county family services agency, private or government entity pursuant to a contract entered into under section 307.982 of the Revised Code or division (C)(2) of section 5153.16 of the Revised Code, or private or government provider of a family service duty, the department of job and family services
may
take action under
division (C) of this section against the responsible
entity if the department determines
any of the following apply to the county family services agency
performing the family services duty or workforce
development agency providing the workforce development activity are the case:
(1) The agency fails to meet a performance standard specified in a partnership agreement entered into under section 5101.21
or established A requirement of a fiscal agreement entered into under section 5101.21 of the Revised Code that includes the family services duty, including a requirement for fiscal agreements established by rules adopted under that section, is not complied with;
(2) A county family services agency fails to develop, submit to the department, or comply with a corrective action plan under division (B) of section 5101.221 of the Revised Code, or the department disapproves the agency's corrective action plan developed under division (B) of section 5101.22 5101.221 of the Revised Code for the duty or activity;
(2) The agency fails to comply with a (3) A requirement for the family services duty
established by the department or any of the following is not complied with: a federal statute or regulations, state statute, or a
department rule for the duty or activity law, state plan for receipt of federal financial participation, grant agreement between the department and a federal agency, or executive order issued by the governor;
(3)(4) The agency responsible entity is solely or partially responsible, as determined by the director of job and family services, for an adverse audit or finding, adverse
quality control finding,
final disallowance of federal financial participation, or other
sanction or penalty regarding the family services duty or activity.
(C) The
department may take one or more of the
following actions against the
responsible entity if when authorized by
division (B)(1), (2), or (3), or (4) of
this section applies:
(1) Require the responsible entity to submit to and
comply with a
corrective action plan pursuant to a time schedule specified by
the department;. The corrective action plan shall be established or approved by the department and shall not require a county family services agency to commit resources to the plan.
(2) Require the responsible entity to comply with a corrective action plan pursuant to a time schedule specified by the department. The corrective action plan shall be established or approved by the department and require a county family services agency to commit to the plan existing resources identified by the agency.
(3) Require the responsible entity to do one of the following:
(a) Share with the department a final disallowance of federal
financial participation or other sanction or penalty;
(b) Reimburse the department the final amount the department pays to
the federal government or another entity that represents the amount the agency responsible entity
is responsible for of
an adverse audit or finding, adverse quality control finding, final disallowance of
federal financial participation, or other sanction or penalty
issued by the federal government, auditor of state, or other entity;
(c) Pay the federal government or another entity the final amount that
represents the amount the agency responsible entity is responsible for of an adverse
audit or finding, adverse quality control finding, final disallowance of federal
financial participation, or other sanction or penalty issued by
the federal government, auditor of state, or other entity;
(d) Pay the department the final amount that represents the amount the responsible entity is responsible for of an adverse audit finding or adverse quality control finding.
(3)(4) Impose a financial or an administrative sanction or adverse
audit issued by the department against
the responsible entity. A
sanction may be
increased if the department has previously taken action against
the responsible entity under this division.
(4)(5) Perform, or contract
with a government or private entity for the entity to perform, the family
services duty or workforce development
activity until
the department is satisfied that the responsible entity
ensures that the duty or activity will be performed satisfactorily.
If the department
performs or contracts with an entity to perform a
family services duty or workforce development
activity under division
(C)(4)(5) of this section, the
department may do either or both of the following:
(a) Spend funds in the county treasury appropriated by the board of county commissioners
for the duty or activity;
(b) Withhold funds allocated or reimbursements due to the responsible entity for the
duty or activity and spend the funds for the duty or activity.
(5)(6) Request that the attorney general bring mandamus
proceedings to compel the responsible entity to take or
cease the action
that causes division (B)(1),
(2), or (3), or (4) of this section to apply. The
attorney general shall bring mandamus proceedings in the
Franklin county court of
appeals at the department's request.
(7) If the department takes action under this division because of division (B)(3) of this section, withhold funds allocated or reimbursement due to the responsible entity until the department determines that the responsible entity is in compliance with the requirement. The department shall release the funds when the department determines that compliance has been achieved.
(D) If the department
decides proposes to take action against
the responsible entity under division (C) of this
section, the department shall notify the responsible entity and county
auditor.
The notice shall be in writing and specify the action the department proposes to take. The department shall send the notice by regular United States mail.
The Except as provided by division (E) of this section, the responsible entity may request
an
administrative review of a proposed action, other
than a proposed action under division (C)(5) of this
section, by sending a
written request to the department not later than in accordance with administrative review procedures the department shall establish. The administrative review procedures shall comply with all of the following:
(1) A request for an administrative review shall state specifically all of the following:
(a) The proposed action specified in the notice from the department for which the review is requested;
(b) The reason why the responsible entity believes the proposed action is inappropriate;
(c) All facts and legal arguments that the responsible entity wants the department to consider;
(d) The name of the person who will serve as the responsible entity's representative in the review.
(2) If the department's notice specifies more than one proposed action and the responsible entity does not specify all of the proposed actions in its request pursuant to division (D)(1)(a) of this section, the proposed actions not specified in the request shall not be subject to administrative review and the parts of the notice regarding those proposed actions shall be final and binding on the responsible entity.
(3) In the case of a proposed action under division (C)(1) of
this section, the responsible entity shall have fifteen calendar days after the department mails the notice
to the responsible entity to send a written request to the department for an administrative review. If it receives such a
request within the required time, the department shall postpone
taking action under division (C)(1) of this section for fifteen calendar
days following the day it receives the request. The or extended period of time provided for in division (D)(5) of this section to allow a representative of the department and a representative of the
responsible entity
shall attempt an informal opportunity to resolve any dispute during that fifteen-day or extended period.
(2)(4) In the case of a proposed action under division (C)(2), (3), (4), (5), or (7) of
this section, forty-five the responsible entity shall have thirty calendar days after the department mails the
notice to the responsible entity to send a written request to the department for an administrative review. The administrative review shall
be limited solely to the issue of the amount the responsible
entity shall share with the department, reimburse the department,
or pay to the federal government or another entity under division
(C)(2) of this section. The If it receives such a request within the required time, the department shall postpone taking action under division (C)(2), (3), (4), (5), or (7) of this section for thirty calendar days following the day it receives the request or extended period of time provided for in division (D)(5) of this section to allow a representative of the department and a representative of the responsible entity
shall attempt an informal opportunity to resolve any dispute within sixty days during that thirty-day or extended period.
(3) In the case of a proposed action under division (C)(3) or (4)
of this section, forty-five days
after the department mails the notice to the responsible
entity.
The department and responsible entity shall attempt to resolve any
dispute within sixty days.
If the department and responsible entity fail to
resolve any dispute within the required time,
the department shall conduct a hearing in
accordance with Chapter 119. of
the Revised
Code, except that the
department, notwithstanding section 119.07 of the
Revised
Code, is not required to
schedule the hearing within fifteen days of the responsible
entity's request.
(E)(5) If the informal opportunity provided in division (D)(3) or (4) of this section does not result in a written resolution to the dispute within the fifteen- or thirty-day period, the director of job and family services and representative of the responsible entity may enter into a written agreement extending the time period for attempting an informal resolution of the dispute under division (D)(3) or (4) of this section.
(6)
In the case of a proposed action under division (C)(3) of this section, the responsible entity may not include in its request disputes over a finding, final disallowance of federal financial participation, or other sanction or penalty issued by the federal government, auditor of state, or entity other than the department.
(7) If the responsible entity fails to request an administrative review within the required time, the responsible entity loses the right to request an administrative review of the proposed actions specified in the notice and the notice becomes final and binding on the responsible entity.
(8) If the informal opportunity provided in division (D)(3) or (4) of this section does not result in a written resolution to the dispute within the time provided by division (D)(3), (4), or (5) of this section, the director shall appoint an administrative review panel to conduct the administrative review. The review panel shall consist of department employees and one director or other representative of the type of county family services agency that is responsible for the kind of family services duty that is the subject of the dispute and serves a different county than the county served by the responsible entity. No individual involved in the department's proposal to take action against the responsible entity may serve on the review panel. The review panel shall review the responsible entity's request. The review panel may require that the department or responsible entity submit additional information and schedule and conduct an informal hearing to obtain testimony or additional evidence. A review of a proposal to take action under division (C)(3) of this section shall be limited solely to the issue of the amount the responsible entity shall share with the department, reimburse the department, or pay to the federal government, department, or other entity under division (C)(3) of this section. The review panel is not required to make a stenographic record of its hearing or other proceedings.
(9) After finishing an administrative review, an administrative review panel appointed under division (D)(8) of this section shall submit a written report to the director setting forth its findings of fact, conclusions of law, and recommendations for action. The director may approve, modify, or disapprove the recommendations. If the director modifies or disapproves the recommendations, the director shall state the reasons for the modification or disapproval and the actions to be taken against the responsible entity.
(10) The director's approval, modification, or disapproval under division (D)(9) of this section shall be final and binding on the responsible entity and shall not be subject to further departmental review.
(E) The responsible entity is not entitled to an administrative review under division (D) of this section for any of the following:
(1) An action taken under division (C)(6) of this section;
(2) An action taken under section 5101.242 of the Revised Code;
(3) An action taken under division (C)(3) of this section if the federal government, auditor of state, or entity other than the department has identified the county family services agency as being solely or partially responsible for an adverse audit finding, adverse quality control finding, final disallowance of federal financial participation, or other sanction or penalty;
(4) An adjustment to an allocation, cash draw, advance, or reimbursement to a county family services agency that the department determines necessary for budgetary reasons;
(5) Withholding of a cash draw or reimbursement due to noncompliance with a reporting requirement established in rules adopted under section 5101.243 of the Revised Code.
(F) This section does not apply to other actions the department takes against the responsible entity pursuant to authority granted by another state law unless the other state law requires the department to take the action in accordance with this section.
(G) The director of job and family services may adopt
rules in accordance with Chapter 119. of the Revised Code as necessary to
implement this section.
Sec. 5101.241. (A) As used in this section:
(1) "Local area" and "chief elected official" have the same meaning as in section 5101.20 of the Revised Code.
(2) "Responsible entity" means the chief elected officials of a local area.
(B) The department of job and family services may take action under division (C) of this section against the responsible entity, regardless of who performs the workforce development activity, if the department determines any of the following are the case:
(1) A requirement of a grant agreement entered into under section 5101.20 of the Revised Code that includes the workforce development activity, including a requirement for grant agreements established by rules adopted under that section, is not complied with;
(2) A performance standard for the workforce development activity established by the federal government or the department is not met;
(3) A requirement for the workforce development activity established by the department or any of the following is not complied with: a federal or state law, state plan for receipt of federal financial participation, grant agreement between the department and a federal agency, or executive order;
(4) The responsible entity is solely or partially responsible, as determined by the director of job and family services, for an adverse audit finding, adverse quality control finding, final disallowance of federal financial participation, or other sanction or penalty regarding the workforce development activity.
(C) The department may take one or more of the following actions against the responsible entity when authorized by division (B)(1), (2), (3), or (4) of this section:
(1) Require the responsible entity to submit to and comply with a corrective action plan, established or approved by the department, pursuant to a time schedule specified by the department;
(2) Require the responsible entity to do one of the following:
(a) Share with the department a final disallowance of federal financial participation or other sanction or penalty;
(b) Reimburse the department the amount the department pays to the federal government or another entity that represents the amount the responsible entity is responsible for of an adverse audit finding, adverse quality control finding, final disallowance of federal financial participation, or other sanction or penalty issued by the federal government, auditor of state, or other entity;
(c) Pay the federal government or another entity the amount that represents the amount the responsible entity is responsible for of an adverse audit finding, adverse quality control finding, final disallowance of federal financial participation, or other sanction or penalty issued by the federal government, auditor of state, or other entity;
(d) Pay the department the amount that represents the amount the responsible entity is responsible for of an adverse audit finding, adverse quality control finding, or other sanction or penalty issued by the department.
(3) Impose a financial or administrative sanction or adverse audit finding issued by the department against the responsible entity, which may be increased with each subsequent action taken against the responsible entity.
(4) Perform or contract with a government or private entity for the entity to perform the workforce development activity until the department is satisfied that the responsible entity ensures that the activity will be performed to the department's satisfaction. If the department performs or contracts with an entity to perform the workforce development activity under division (C)(4) of this section, the department may withhold funds allocated to or reimbursements due to the responsible entity for the activity and use those funds to implement division (C)(4) of this section.
(5) Request the attorney general to bring mandamus proceedings to compel the responsible entity to take or cease the actions listed in division (B) of this section. The attorney general shall bring any mandamus proceedings in the Franklin county court of appeals at the department's request.
(6) If the department takes action under this division because of division (B)(3) of this section, withhold funds allocated or reimbursement due to the responsible entity until the department determines that the responsible entity is in compliance with the requirement. The department shall release the funds when the department determines that compliance has been achieved.
(D) The department shall notify the responsible entity and the appropriate county auditor when the department proposes to take action under division (C) of this section. The notice shall be in writing and specify the action the department proposes to take. The department shall send the notice by regular United States mail. Except as provided in division (E) of this section, the responsible entity may request an administrative review of a proposed action in accordance with administrative review procedures the department shall establish. The administrative review procedures shall comply with all of the following:
(1) A request for an administrative review shall state specifically all of the following:
(a) The proposed action specified in the notice from the department for which the review is requested;
(b) The reason why the responsible entity believes the proposed action is inappropriate;
(c) All facts and legal arguments that the responsible entity wants the department to consider;
(d) The name of the person who will serve as the responsible entity's representative in the review.
(2) If the department's notice specifies more than one proposed action and the responsible entity does not specify all of the proposed actions in its request pursuant to division (D)(1)(a) of this section, the proposed actions not specified in the request shall not be subject to administrative review and the parts of the notice regarding those proposed actions shall be final and binding on the responsible entity.
(3) In the case of a proposed action under division (C)(1) of this section, the responsible entity shall have fifteen calendar days after the department mails the notice to the responsible entity to send a written request to the department for an administrative review. If it receives such a request within the required time, the department shall postpone taking action under division (C)(1) of this section for fifteen calendar days following the day it receives the request to allow a representative of the department and a representative of the responsible entity an informal opportunity to resolve any dispute during that fifteen-day period.
(4) In the case of a proposed action under division (C)(2), (3), or (4) of this section, the responsible entity shall have thirty calendar days after the department mails the notice to the responsible entity to send a written request to the department for an administrative review. If it receives such a request within the required time, the department shall postpone taking action under division (C)(2), (3), or (4) of this section for thirty calendar days following the day it receives the request to allow a representative of the department and a representative of the responsible entity an informal opportunity to resolve any dispute during that thirty-day period.
(5) In the case of a proposed action under division (C)(2) of this section, the responsible entity may not include in its request disputes over a finding, final disallowance of federal financial participation, or other sanction or penalty issued by the federal government, auditor of state, or other entity other than the department.
(6) If the responsible entity fails to request an administrative review within the required time, the responsible entity loses the right to request an administrative review of the proposed actions specified in the notice and the notice becomes final and binding on the responsible entity.
(7) If the informal opportunity provided in division (D)(3) or (4) of this section does not result in a written resolution to the dispute, the director of job and family services shall appoint an administrative review panel to conduct the administrative review. The review panel shall consist of department employees who are not involved in the department's proposal to take action against the responsible entity. The review panel shall review the responsible entity's request. The review panel may require that the department or responsible entity submit additional information and schedule and conduct an informal hearing to obtain testimony or additional evidence. A review of a proposal to take action under division (C)(2) of this section shall be limited solely to the issue of the amount the responsible entity shall share with the department, reimburse the department, or pay to the federal government, department, or other entity under division (C)(2) of this section. The review panel is not required to make a stenographic record of its hearing or other proceedings.
(8) After finishing an administrative review, an administrative review panel appointed under division (D)(7) of this section shall submit a written report to the director setting forth its findings of fact, conclusions of law, and recommendations for action. The director may approve, modify, or disapprove the recommendations. If the director modifies or disapproves the recommendations, the director shall state the reasons for the modification or disapproval and the actions to be taken against the responsible entity.
(9) The director's approval, modification, or disapproval under division (D)(8) of this section shall be final and binding on the responsible entity and shall not be subject to further departmental review.
(E) The responsible entity is not entitled to an administrative review under division (D) of this section for any of the following:
(1) An action taken under division (C)(5) or (6) of this section;
(2) An action taken under section 5101.242 of the Revised Code;
(3) An action taken under division (C)(2) of this section if the federal government, auditor of state, or entity other than the department has identified the responsible entity as being solely or partially responsible for an adverse audit finding, adverse quality control finding, final disallowance of federal financial participation, or other sanction or penalty;
(4) An adjustment to an allocation, cash draw, advance, or reimbursement to the responsible entity's local area that the department determines necessary for budgetary reasons;
(5) Withholding of a cash draw or reimbursement due to noncompliance with a reporting requirement established in rules adopted under section 5101.243 of the Revised Code.
(F) This section does not apply to other actions the department takes against the responsible entity pursuant to authority granted by another state law unless the other state law requires the department to take the action in accordance with this section.
(G) The director of job and family services may adopt rules in accordance with Chapter 119. of the Revised Code as necessary to implement this section.
Sec. 5101.242. The department of job and family services may certify a claim to the attorney general under section 131.02 of the Revised Code for the attorney general to take action under that section against a responsible entity to recover any funds that the department determines the responsible entity owes the department for actions taken under division (C)(2), (3), (4), or (5) of section 5101.24 or 5101.241 of the Revised Code.
Sec. 5101.243. The director of job and family services may adopt rules in accordance with section 111.15 of the Revised Code establishing reporting requirements for family services duties and workforce development activities. If the director adopts the rules, the director shall adopt the rules as if they were internal management rules and, before adopting the rules, give the public an opportunity to review and comment on the proposed rules.
Sec. 5101.26. As used in this section
and in sections
5101.27 to 5101.30 of the Revised Code:
(A)
"County agency" means a county department of job and
family services or a public children services agency.
(B)
"Fugitive felon" means an individual who is fleeing to
avoid
prosecution, or custody or confinement after conviction,
under the laws of the
place from which the individual is fleeing,
for a crime or an attempt to
commit
a crime that is a felony under
the laws of the place from which the individual
is fleeing or, in
the case of New
Jersey, a high misdemeanor, regardless of
whether
the individual has departed from the individual's usual place of
residence.
(C)
"Information" means records as defined in section
149.011 of
the Revised Code, any other documents in
any format,
and data derived from records and documents that
are generated,
acquired, or maintained by the department of
job and family
services,
a county agency, or an entity performing duties on
behalf of the
department or a county agency.
(D)
"Law enforcement
agency" means the state highway patrol,
an agency that employs peace officers
as defined in section 109.71
of the Revised Code, the adult
parole authority, a county
department of probation, a
prosecuting attorney, the
attorney
general, similar agencies of other states, federal
law enforcement
agencies, and postal inspectors.
"Law enforcement agency"
includes the peace officers and other law enforcement officers
employed by the agency.
(E)
"Medical assistance provided under a public assistance program" means medical assistance provided under the programs established under sections 5101.49, 5101.50 to 5101.503, and 5101.51 to 5101.5110, Chapters 5111. and 5115., or any other provision of the Revised Code.
(F) "Public assistance" means financial assistance, medical
assistance, or social services provided under a program
administered by the
department of job and family services or a
county agency
pursuant to Chapter 329., 5101., 5104., 5107.,
5108., 5111., or 5115. of the
Revised Code or an executive order
issued under section
107.17 of the Revised Code.
(F)(G)
"Public assistance recipient" means an applicant for or
recipient or former recipient of public
assistance.
Sec. 5101.27. (A) Except as permitted by this section,
section 5101.28 or
5101.29 of the Revised Code, or the rules
adopted under division (A) of
section 5101.30 of the Revised Code,
or required by federal
law, no person or government entity shall
solicit, disclose,
receive, use, or knowingly permit, or
participate in the use of
any information regarding a public
assistance recipient for any
purpose not directly connected with
the administration of a
public assistance program.
(B)(1) To the extent
permitted by federal law, the
department of job
and family services
and county agencies shall
release do both of the following:
(1) Release information regarding a public
assistance recipient for
purposes directly connected to the
administration of the program
to a government entity responsible
for administering a that public
assistance program or any other
state, federal, or federally
assisted program that provides cash
or in-kind assistance or
services directly to individuals based
on need or for the purpose
of protecting children to a
government entity responsible for
administering a children's
protective services program.;
(2) To the extent permitted by federal law, the
department
and county agencies shall provide Provide information
regarding a public
assistance recipient to a law enforcement
agency for the purpose
of any investigation, prosecution, or
criminal or civil proceeding
relating to the administration of a that
public assistance program.
(C) To the extent permitted by federal law and section
1347.08 of the Revised
Code, the department and county agencies
shall provide access to
information regarding a public assistance
recipient to all of the following:
(2) The authorized representative, as defined in rules
adopted under section 5101.30 of the Revised Code, of the
recipient;
(3) The parent or legal guardian of the recipient;
(4) The attorney of the recipient, if the attorney has
written authorization that complies with section 5101.271 of the Revised Code from the recipient.
(D) To the extent permitted by federal law and subject to division (E) of this section, the department
and
county
agencies may release do both of the following:
(1) Release information about a public
assistance
recipient if the recipient gives voluntary, written
consent that
specifically identifies the persons or government
entities to
which the information may be released.
The authorization that complies with section 5101.271 of the Revised Code;
(2) Release information regarding a public assistance recipient to a state, federal, or federally
assisted program that provides cash
or in-kind assistance or
services directly to individuals based
on need or for the purpose
of protecting children to a
government entity responsible for
administering a children's
protective services program.
(E) Except when the release is required by division (B), (C), or (D)(2) of this section, the department or county agency shall release the
information
only to the persons or government entities specified
in the
document evidencing consent. Consent may be time-limited
or
ongoing, at the discretion of the individual giving it, and
may be
rescinded at any time; however, an individual cannot
rescind
consent retroactively. The document evidencing consent
must state
that consent may be rescinded in accordance with the authorization. The department or county agency shall provide, at no cost, a copy of each written authorization to the individual who signed it.
(F) The department or a county agency may release
information
under this division (D) of this section concerning a the receipt of medical
assistance provided
under Chapter 5111.
of the Revised Code a public assistance program only if both all of the
following conditions are the case met:
(1) The release of information is for purposes directly
connected to the administration of programs created under
Chapter
5111. of the Revised Code or services provision of medical assistance provided under
programs
created under that chapter a public assistance program;
(2) The information is released to persons or government
entities that are subject to standards of confidentiality and
safeguarding information substantially comparable to those
established for programs created under
Chapter 5111. of the
Revised Code medical assistance provided under a public assistance program;
(3) The department or county agency has obtained an authorization consistent with section 5101.271 of the Revised Code.
(G) Information concerning the receipt of medical assistance provided under a public assistance program may be released only if the release complies with this section and rules adopted by the department pursuant to section 5101.30 of the Revised Code or, if more restrictive, the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, 110 Stat. 1955, 42 U.S.C. 1320d, et seq., as amended, and regulations adopted by the United States department of health and human services to implement the act.
(H) The department of job and family services may adopt rules defining "authorized representative" for purposes of division (C)(2) of this section.
Sec. 5101.271. (A) For the purposes of section 5101.27 of the Revised Code, an authorization shall be made on a form that uses language understandable to the average person and contains all of the following:
(1) A description of the information to be used or disclosed that identifies the information in a specific and meaningful fashion;
(2) The name or other specific identification of the person or class of persons authorized to make the requested use or disclosure;
(3) The name or other specific identification of the person or governmental entity to which the information may be released;
(4) A description of each purpose of the requested use or disclosure of the information;
(5) The date on which the authorization expires or an event related either to the individual who is the subject of the request or to the purposes of the requested use or disclosure, the occurrence of which will cause the authorization to expire;
(6) A statement that the information used or disclosed pursuant to the authorization may be disclosed by the recipient of the information and may no longer be protected from disclosure;
(7) The signature of the individual or the individual's authorized representative and the date on which the authorization was signed;
(8) If signed by an authorized representative, a description of the representative's authority to act for the individual;
(9) A statement of the individual or authorized representative's right to prospectively revoke the written authorization in writing, along with one of the following:
(a) A description of how the individual or authorized representative may revoke the authorization;
(b) If the department of job and family services' privacy notice contains a description of how the individual or authorized representative may revoke the authorization, a reference to that privacy notice.
(10) A statement that treatment, payment, enrollment, or eligibility for public assistance cannot be conditioned on signing the authorization unless the authorization is necessary for determining eligibility for the public assistance program.
(B) When an individual requests information pursuant to section 5101.27 of the Revised Code regarding the individual's receipt of public assistance and does not wish to provide a statement of purpose, the statement "at request of the individual" is a sufficient description for purposes of division (A)(4) of this section.
Sec. 5101.28. (A) The department of job and
family services
shall enter into written agreements
with law enforcement agencies
to exchange, obtain, or share (1) On request of the department of job and family services or a county agency, a law enforcement agency shall provide
information regarding public
assistance recipients to enable the department, or county
agencies,
and law enforcement agencies agency to determine, for eligibility purposes, whether a recipient or a
member of a recipient's assistance group
is either of the
following:
(2) Violating felon or violating a condition of probation, a community control
sanction,
parole, or a post-release control sanction imposed under
state or federal law.
(2) A county agency may enter into a written agreement with a local law enforcement agency establishing procedures concerning access to information and providing for compliance with division (F) of this section.
(B) The To the extent permitted by federal law, the department and county
agencies shall provide
information, except information directly related to the receipt of medical assistance or medical services, regarding recipients of public assistance
under a
program administered by the state department or a county agency
pursuant to Chapter 5107., 5108., or 5115. of the Revised Code to
law
enforcement agencies on request
for the purposes of
investigations, prosecutions, and criminal
and civil proceedings
that are within the scope of the law enforcement
agencies'
official duties.
(C) Information about a recipient shall be exchanged,
obtained,
or shared only if the department, county agency, or law
enforcement agency
requesting the information gives sufficient
information to specifically
identify the recipient. In addition
to the recipient's name, identifying
information may include the
recipient's current or last known address, social
security number,
other identifying number, age, gender, physical
characteristics,
any information specified in an agreement entered into under
division (A) of this section, or any information considered
appropriate by the department or agency.
(D)(1) The department and its officers and employees are
not
liable in damages in a civil action for any injury, death, or loss
to
person or property that allegedly arises from the release of
information
in accordance with divisions (A), (B), and (C) of
this
section. This section does
not affect any immunity or
defense
that the department and its officers and employees may be
entitled
to
under another section of the Revised Code or the common law
of
this state,
including section 9.86 of the Revised Code.
(2) The county agencies and their employees are not liable
in damages in
a civil action for any injury, death, or loss to
person or property that
allegedly arises from the release of
information in accordance with divisions
(A), (B), and (C) of this
section.
"Employee" has the same meaning as in division
(B) of
section 2744.01 of the Revised Code. This section does not affect
any
immunity or defense that the county agencies and their
employees may be
entitled to under
another section of the Revised
Code or the common law of
this state,
including section 2744.02
and division (A)(6)
of section 2744.03 of the Revised Code.
(E) To the extent permitted by federal law, the department
and county agencies shall provide access to information to the
auditor of
state acting pursuant to Chapter 117. or sections
5101.181 and
5101.182 of the Revised Code and to any other
government entity authorized by
or federal law to conduct an audit
of or similar activity
involving a public assistance program.
(F) The auditor of state shall prepare an annual
report on
the outcome of the agreements required under division
(A) of this
section. The
report shall include the number of fugitive felons
and probation
and parole violators apprehended during the
immediately
preceding year as a result of the exchange of
information pursuant to that division. The
auditor of state 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.
The state department, county agencies,
and law enforcement
agencies shall cooperate with the auditor of
state's office in gathering
the information required under this
division.
(G) To the extent permitted by federal law, the department
of
job and family services, county departments of
job and family
services, and employees of
the departments may report to a public
children services agency
or other appropriate agency information
on known or suspected
physical or mental injury, sexual abuse or
exploitation, or
negligent treatment or maltreatment, of a child
receiving public
assistance, if circumstances indicate that the
child's health or
welfare is threatened.
Sec. 5101.35. (A) As used in this section:
(1) "Agency" means the following entities that administer a
family services program:
(a) The department of job and family services;
(b) A county department of job and family services;
(c) A public children services agency;
(d) A private or government entity administering, in whole
or in
part, a family services program for or on behalf
of the
department of job and family services or a county
department of
job and family services or public
children services agency.
(2) "Appellant" means an applicant, participant, former
participant, recipient, or former recipient of a family
services
program
who is entitled by federal or
state law to a hearing
regarding a decision or order of the
agency that administers the
program.
(3) "Family services program" means assistance provided
under
a Title IV-A program as defined in section 5101.80 of the
Revised Code or under
Chapter 5104.,
5111., or 5115.
or section
173.35,
5101.141, 5101.46, 5101.54, 5153.163, or
5153.165 of the
Revised Code, other than
assistance provided under
section 5101.46
of the
Revised Code by the department of mental
health,
the
department of mental retardation and developmental
disabilities, a
board of alcohol, drug addiction, and mental
health services, or a
county board of mental retardation and
developmental disabilities.
(B)
Except as provided
in by division (G) of this section,
an appellant who appeals under federal or state law a
decision or
order of an agency administering a family
services
program shall,
at the appellant's
request, be granted a
state hearing by the
department of job and family
services.
This state hearing shall
be
conducted in accordance with rules adopted under this section.
The
state hearing shall be tape-recorded, but neither the
recording
nor a transcript of the recording shall be part of the
official
record of the proceeding. A state hearing decision is
binding
upon the agency and department, unless it is reversed or
modified on
appeal to the director of job and family services or a
court of common
pleas.
(C)
Except as provided by division (G) of this section, an
appellant who disagrees with a state hearing
decision may make an
administrative appeal to the director of
job and family
services
in accordance with rules adopted
under this section. This
administrative appeal does not require a hearing, but the
director
or the director's
designee
shall review the
state hearing decision
and previous administrative action and may
affirm, modify, remand,
or reverse the state hearing decision. Any person
designated to
make an administrative appeal decision
on behalf of the director
shall have been admitted to the
practice of law in this state. An
administrative appeal decision
is the final decision of the
department and is binding upon
the department and
agency, unless
it is reversed or modified on
appeal
to the court of common pleas.
(D) An agency shall comply with a decision issued pursuant
to
division
(B) or (C) of this section within the time limits
established by
rules adopted under this section.
If a county
department of job and family services or a
public children
services agency fails to comply within these time limits, the
department may take action pursuant to section
5101.24
of the
Revised Code. If another agency fails to comply within the time
limits, the department may force compliance by withholding funds
due the
agency or imposing another sanction established by rules
adopted under this
section.
(E) An appellant who disagrees with an administrative
appeal
decision of the director of job and family services
or the
director's designee issued under division (C)
of this section may
appeal from the decision to the court of
common pleas pursuant to
section 119.12 of the Revised Code. The
appeal shall be governed
by section 119.12 of the Revised Code
except that:
(1) The person may appeal to the court of common pleas of
the county in which the person resides, or to the court of
common
pleas
of Franklin county if the person does not reside in this
state.
(2) The person may apply to the court for designation as
an
indigent and, if the court grants this application, the
appellant
shall not be required to furnish the costs of the
appeal.
(3) The appellant shall mail the notice of appeal to the
department of job and family services and file notice of
appeal
with
the court within
thirty days after the department mails the
administrative
appeal decision to the appellant. For good cause
shown, the
court may extend the time for mailing and filing notice
of
appeal, but such time shall not exceed six months from the date
the department mails the administrative appeal decision.
Filing
notice of appeal with the court shall be the only act
necessary to
vest jurisdiction in the court.
(4) The department shall be required to file a
transcript of
the testimony of the state hearing with the court
only if the
court orders the department to file the transcript.
The court
shall make such an order only if it finds that the
department and
the appellant are unable to stipulate to the facts
of the case and
that the transcript is essential to a
determination of the appeal.
The department shall file the
transcript not later than thirty
days after the day such an order
is issued.
(5) Section 119.092 of the Revised Code does not apply to the appeal.
(F) The department of job and family services shall adopt
rules
in accordance with Chapter 119. of the Revised
Code to
implement this section, including rules governing
the following:
(1) State hearings under division (B) of this section. The
rules shall include provisions regarding notice of eligibility
termination and
the opportunity of an appellant appealing a
decision or order of a county
department of job and family
services to request a county conference with the
county department
before the state hearing is held.
(2) Administrative appeals under division (C) of this
section;
(3) Time limits for complying with a decision issued under
division (B) or (C) of this section;
(4) Sanctions that may be applied against an agency under
division
(D) of this section.
(G)
The department of job and family services may adopt rules
in accordance with Chapter 119. of the Revised Code establishing
in
an appeals process for an appellant who appeals a decision or
order regarding a Title IV-A program identified under division
(A)(3)(c) or (d) of section 5101.80 of the Revised Code that is
different from the appeals process established by this section.
The different appeals process may include having a state agency
that administers the Title IV-A program pursuant to an interagency
agreement entered into under section 5101.801 of the Revised Code
administer the appeals process.
(H) The requirements of Chapter 119. of the Revised Code
apply to a
state hearing or administrative appeal under this
section only to the extent,
if any, specifically provided by rules
adopted under this section.
Sec. 5101.36. Any application for public assistance gives
a
right of subrogation to the department of job and family services
for
any workers' compensation benefits payable to a person who is
subject to a support order, as defined in section
3119.01 of the
Revised Code, on behalf of the applicant,
to the extent of any
public assistance payments made on the
applicant's behalf. If the
director of job and family services, in
consultation with a child
support enforcement agency and the
administrator of the bureau of
workers' compensation, determines
that a person responsible for
support payments to a recipient of
public assistance is receiving
workers' compensation, the
director shall notify the administrator
of the amount of the benefit to be
paid to the department of job
and family services.
For purposes of this section,
"public assistance" means
medical assistance provided through the medical assistance
program
established under section 5111.01 of the Revised Code;
Ohio works
first provided
under Chapter 5107. of the
Revised Code;
prevention, retention, and contingency
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 day
of each July, the
department shall complete a progress report on the partnership
agreements between the director of job and family services
and boards of
county commissioners under section 5101.21 of the
Revised Code. The report shall include a
review of whether the county family services
agencies
and workforce development agencies satisfied performance standards
included in the agreements and whether the
department provided assistance, services, and technical support specified in
the agreements to aid the agencies in meeting the performance standards.
(3) The department shall submit the
reports required under divisions division (A)(1) and (2) of this
section to the speaker and minority leader of the house of
representatives, the president and minority leader of the
senate, the legislative budget officer, the director of budget
and management, and each board of county commissioners. The
department shall provide copies of each report the reports to any person or
government entity on request.
In designing the format for each report the reports, the department
shall consult with individuals, organizations, and government
entities interested in the programs operated by the department, so that
the reports are designed to enable the
general assembly and the public to evaluate the effectiveness
of the programs and identify any needs that the programs
are not meeting.
(B) Whenever the
federal government requires that the department submit a report
on a program that is operated by the department or is otherwise
under the department's jurisdiction, the department shall
prepare and submit the report in accordance with the federal
requirements applicable to that report. To the extent possible,
the department may coordinate the preparation and submission of
a particular report with any other report, plan, or other
document required to be submitted to the federal government, as
well as with any report required to be submitted to the general
assembly. The reports required by the Personal
Responsibility and
Work Opportunity Reconciliation Act of
1996 (P.L. 104-193) may be submitted as an annual
summary.
Sec. 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)
"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.
(OO)
"Title IV-A" means Title IV-A of the "Social Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended.
(PP) "Title XX" means Title XX of the "Social Security Act," 88 Stat. 2337 (1974), 42 U.S.C. 1397, as amended.
(QQ) "Toddler" means a child who is at least eighteen
months
of age but less than three years of age.
(PP)(RR)
"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.
(QQ)(SS)
"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 In the use of federal funds available under
the child care block grant act, all of the following apply:
(1) The department may use the federal funds 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.
(2) Not more than five per cent of the
aggregate amount of those the federal funds received for a fiscal year may be
expended for administrative costs. The
(3) The department shall allocate and use at
least four per cent of the federal funds for the following:
(1)(a) Activities designed to provide comprehensive consumer education to
parents and the public;
(2)(b) Activities that increase parental choice;
(3)(c) Activities, including child day-care resource and referral services,
designed to improve the quality, and increase the supply, of child day-care.
(D)(4) The department shall ensure that any the 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 the child care block grant
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)(D) 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)(E)(1) The director shall adopt rules in accordance with
Chapter 119. of the Revised Code establishing both of the following:
(a) Reimbursement ceilings for providers of publicly funded child day-care;
(b) A procedure for reimbursing and paying providers of
publicly funded child day-care.
(2) In establishing reimbursement
ceilings under division (F)(E)(1)(a) of this section, the director shall do all of the following:
(a) Use the information obtained
under division (B)(3) of section 5104.04 of the Revised Code;
(b) Establish an enhanced reimbursement ceiling for providers who provide
child day-care for caretaker parents who work nontraditional hours;
(c) For a type B family day-care home provider that has received
limited certification pursuant to rules adopted under
division (G)(1) of section 5104.011 of the Revised Code, establish a reimbursement ceiling that
is the following:
(i) If the provider is a person described in division (G)(1)(a) of section 5104.011 of the Revised Code, seventy-five per cent of the
reimbursement ceiling 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;
(ii) If the provider is a person described in division (G)(1)(b) of section 5104.011 of the Revised Code, sixty per cent of the reimbursement ceiling that applies to a type B family day-care home certified by the same county department pursuant to section 5104.11 of the Revised Code.
(3) In establishing reimbursement ceilings under division (F)(E)(1)(a) of this section, the director may establish different reimbursement ceilings based on any of the following:
(a) Geographic location of the provider;
(b) Type of care provided;
(c) Age of the child served;
(d) Special needs of the child served;
(e) Whether the expanded hours of service are provided;
(f) Whether weekend service is provided;
(g) Whether the provider has exceeded the minimum requirements of state statutes and rules governing child day-care;
(h) Any other factors the director considers appropriate.
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) That the provider of publicly funded child day-care
agrees to be
paid for rendering services at the lowest of the rate
customarily
charged by the provider for children enrolled for
child day-care, the reimbursement
ceiling or rate of payment established pursuant to section
5104.30 of the Revised Code, or a rate the county department negotiates with the provider;
(2) 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;
(3) 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;
(4) That the provider, other than a border state child
day-care
provider or except as provided in division (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;
(5) 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;
(6) Whether the provider will be paid by the county
department of job and family services or the state
department of
job and family services;
(7) 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
lowest of the rate customarily
charged by the provider, the
reimbursement ceiling or rate of payment established
pursuant to section
5104.30 of the Revised Code, or a rate the county department negotiates with 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 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. 5111.0112. 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 (E) 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. 5111.082. The director of job and family services, in
rules adopted under section 5111.02 of the Revised Code, may
establish and implement a supplemental drug
rebate program under
which drug manufacturers may be required to
provide the department
of job and family services a supplemental
rebate as a condition of
having the drug manufacturers' drug
products covered by the
medicaid program without prior approval.
If necessary, the
director may apply to the United States secretary of health and
human services for a waiver of federal statutes and regulations to
establish the supplemental drug rebate program.
If the director establishes a supplemental drug rebate
program,
the director shall consult with drug manufacturers
regarding the
establishment and implementation of the program.
If the director establishes a supplemental drug rebate
program, the director shall exempt from the program and from prior authorization or any other restriction all of a
drug
manufacturer's drug products that have been approved by the
United
States food and drug administration and for which there is no generic equivalent for the treatment of
either of
the following:
(A) Mental illness, as defined in section 5122.01 of the
Revised Code, including schizophrenia, major
depressive disorder,
and bipolar disorder;
(B) HIV or AIDS, both as defined in section 3701.24 of the
Revised Code.
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. 5111.151. (A) This section applies to eligibility determinations for all cases involving medical assistance provided pursuant to this chapter, qualified medicare beneficiaries, specified low-income medicare beneficiaries, qualifying individuals-1, qualifying individuals-2, and medical assistance for covered families and children.
(B) As used in this section:
(1) "Trust" means any arrangement in which a grantor transfers real or personal property to a trust with the intention that it be held, managed, or administered by at least one trustee for the benefit of the grantor or beneficiaries. "Trust" includes any legal instrument or device similar to a trust.
(2) "Legal instrument or device similar to a trust" includes, but is not limited to, escrow accounts, investment accounts, partnerships, contracts, and other similar arrangements that are not called trusts under state law but are similar to a trust and to which all of the following apply:
(a) The property in the trust is held, managed, retained, or administered by a trustee.
(b) The trustee has an equitable, legal, or fiduciary duty to hold, manage, retain, or administer the property for the benefit of the beneficiary.
(c) The trustee holds identifiable property for the beneficiary.
(3) "Grantor" is a person who creates a trust, including all of the following:
(b) An individual's spouse;
(c) A person, including a court or administrative body, with legal authority to act in place of or on behalf of an individual or an individual's spouse;
(d) A person, including a court or administrative body, that acts at the direction or on request of an individual or the individual's spouse.
(4) "Beneficiary" is a person or persons, including a grantor, who benefits in some way from a trust.
(5) "Trustee" is a person who manages a trust's principal and income for the benefit of the beneficiaries.
(6) "Person" has the same meaning as in section 1.59 of the Revised Code and includes an individual, corporation, business trust, estate, trust, partnership, and association.
(7) "Applicant" is an individual who applies for medical assistance benefits or the individual's spouse.
(8) "Recipient" is an individual who receives medical assistance benefits or the individual's spouse.
(9) "Revocable trust" is a trust that can be revoked by the grantor or the beneficiary, including all of the following, even if the terms of the trust state that it is irrevocable:
(a) A trust that provides that the trust can be terminated only by a court;
(b) A trust that terminates on the happening of an event, but only if the event occurs at the direction or control of the grantor, beneficiary, or trustee.
(10) "Irrevocable trust" is a trust that cannot be revoked by the grantor or terminated by a court and that terminates only on the occurrence of an event outside of the control or direction of the beneficiary or grantor.
(11) "Payment" is any disbursal from the principal or income of the trust, including actual cash, noncash or property disbursements, or the right to use and occupy real property.
(12) "Payments to or for the benefit of the applicant or recipient" is a payment to any person resulting in a direct or indirect benefit to the applicant or recipient.
(13) "Testamentary trust" is a trust that is established by a will and does not take effect until after the death of the person who created the trust.
(C) If an applicant or recipient is a beneficiary of a trust, the county department of job and family services shall determine what type of trust it is and shall treat the trust in accordance with the appropriate provisions of this section and rules adopted by the department of job and family services governing trusts. The county department of job and family services may determine that the trust or portion of the trust is one of the following:
(1) A countable resource;
(3) A countable resource and countable income;
(4) Not a countable resource or countable income.
(D)(1) A trust or legal instrument or device similar to a trust shall be considered a self-settled trust if all of the following apply:
(a) The trust was established on or after August 11, 1993.
(b) The trust was not established by a will.
(c) The trust was established by an applicant or recipient, spouse of an applicant or recipient, or a person, including a court or administrative body, with legal authority to act in place of or on behalf of an applicant, recipient, or spouse, or acting at the direction or on request of an applicant, recipient, or spouse.
(2) A trust that meets the requirements of division (D)(1) of this section and is a revocable trust shall be treated by the county department of job and family services as follows:
(a) The corpus of the trust shall be considered a resource available to the applicant or recipient.
(b) Payments from the trust to or for the benefit of the applicant or recipient shall be considered unearned income of the applicant or recipient.
(c) Any other payments from the trust shall be considered an improper transfer of resources and shall be subject to rules adopted by the department of job and family services governing improper transfers of resources.
(3) A trust that meets the requirements of division (D)(1) of this section and is an irrevocable trust shall be treated by the county department of job and family services as follows:
(a) If there are any circumstances under which payment from the trust could be made to or for the benefit of the applicant or recipient, including a payment that can be made only in the future, the portion from which payments could be made shall be considered a resource available to the applicant or recipient. The county department of job and family services shall not take into account when payments can be made.
(b) Any payment that is actually made to or for the benefit of the applicant or recipient from either the corpus or income shall be considered unearned income.
(c) If a payment is made to someone other than to the applicant or recipient and the payment is not for the benefit of the applicant or recipient, the payment shall be considered an improper transfer of resources and shall be subject to rules adopted by the department of job and family services governing improper transfers of resources.
(d) The date of the transfer shall be the later of the date of establishment of the trust or the date of the occurrence of the event.
(e) When determining the value of the transferred resource under this provision, the value of the trust shall be its value on the date payment to the applicant or recipient was foreclosed.
(f) Any income earned or other resources added subsequent to the foreclosure date shall be added to the total value of the trust.
(g) Any payments to or for the benefit of the applicant or recipient after the foreclosure date but prior to the application date shall be subtracted from the total value. Any other payments shall not be subtracted from the value.
(h) Any addition of resources after the foreclosure date shall be considered a separate transfer.
(4) If a trust is funded with assets of another person or persons in addition to assets of the applicant or recipient, the applicable provisions of this section and rules adopted by the department of job and family services governing trusts shall apply only to the portion of the trust attributable to the applicant or recipient.
(5) The availability of a self-settled trust shall be considered without regard to any of the following:
(a) The purpose for which the trust is established;
(b) Whether the trustees have exercised or may exercise discretion under the trust;
(c) Any restrictions on when or whether distributions may be made from the trust;
(d) Any restrictions on the use of distributions from the trust.
(6) The baseline date for the look-back period for transfers of assets involving a self-settled trust shall be the date on which the applicant or recipient is both institutionalized and first applies for medical assistance. The following conditions also apply to look-back periods for transfers of assets involving self-settled trusts:
(a) If a self-settled trust is a revocable trust and a portion of the trust is distributed to someone other than the applicant or recipient for the benefit of someone other than the applicant or recipient, the distribution shall be considered an improper transfer of resources. The look-back period shall be sixty months from the baseline date. The transfer shall be considered to have taken place on the date on which the payment to someone other than the applicant or recipient was made.
(b) If a self-settled trust is an irrevocable trust and a portion of the trust is not distributable to the applicant or recipient, the trust shall be treated as an improper transfer of resources. The look-back period shall be sixty months from the baseline date. The transfer is considered to have been made as of the later of the date the trust was established or the date on which payment to the applicant or recipient was foreclosed. The value of these assets shall not be reduced by any payments from the trust that may be made from these unavailable assets at a later date.
(c) If a self-settled trust is an irrevocable trust and a portion or all of the trust may be disbursed to or for the benefit of the applicant or recipient, any payment that is made to another person other than the applicant or recipient shall be considered an improper transfer of resources. The look-back period is thirty-six months from the baseline date. The transfer shall be considered to have been made as of the date of payment to the other person.
(E) The principal or income from any of the following shall be exempt from being counted as a resource by a county department of job and family services:
(1)(a) A special needs trust that meets all of the following requirements:
(i) The trust contains assets of an applicant or recipient under sixty-five years of age and may contain the assets of other individuals.
(ii) The applicant or recipient is disabled as defined in rules adopted by the department of job and family services.
(iii) The trust is established for the benefit of the applicant or recipient by a parent, grandparent, legal guardian, or a court.
(iv) The trust requires that on the death of the applicant or recipient the state will receive all amounts remaining in the trust up to an amount equal to the total amount of medical assistance paid on behalf of the applicant or recipient.
(b) If a special needs trust meets the requirements of division (E)(1)(a) of this section and has been established for a disabled applicant or recipient under sixty-five years of age, the exemption for the trust granted pursuant to division (E) of this section shall continue after the disabled applicant or recipient becomes sixty-five years of age if the applicant or recipient continues to be disabled as defined in rules adopted by the department of job and family services. Except for income earned by the trust, the grantor shall not add to or otherwise augment the trust after the applicant or recipient attains sixty-five years of age. An addition or augmentation of the trust by the applicant or recipient with the applicant's own assets after the applicant or recipient attains sixty-five years of age shall be treated as an improper transfer of resources.
(c) Cash distributions to the applicant or recipient shall be counted as unearned income. All other distributions from the trust shall be treated as provided in rules adopted by the department of job and family services governing in-kind income.
(d) Transfers of assets to a special needs trust shall not be treated as an improper transfer of resources. Assets held prior to the transfer to the trust shall be considered as countable assets or countable income or countable assets and income.
(2)(a) A qualifying income trust that meets all of the following requirements:
(i) The trust is composed only of pension, social security, and other income to the applicant or recipient, including accumulated interest in the trust.
(ii) The income is received by the individual and the right to receive the income is not assigned or transferred to the trust.
(iii) The trust requires that on the death of the applicant or recipient the state will receive all amounts remaining in the trust up to an amount equal to the total amount of medical assistance paid on behalf of the applicant or recipient.
(b) No resources shall be used to establish or augment the trust.
(c) If an applicant or recipient has irrevocably transferred or assigned the applicant's or recipient's right to receive income to the trust, the trust shall not be considered a qualifying income trust by the county department of job and family services.
(d) Income placed in a qualifying income trust shall not be counted in determining an applicant's or recipient's eligibility for medical assistance. The recipient of the funds may place any income directly into a qualifying income trust without those funds adversely affecting the applicant's or recipient's eligibility for medical assistance. Income generated by the trust that remains in the trust shall not be considered as income to the applicant or recipient.
(e) All income placed in a qualifying income trust shall be combined with any countable income not placed in the trust to arrive at a base income figure to be used for spend down calculations.
(f) The base income figure shall be used for post-eligibility deductions, including personal needs allowance, monthly income allowance, family allowance, and medical expenses not subject to third party payment. Any income remaining shall be used toward payment of patient liability. Payments made from a qualifying income trust shall not be combined with the base income figure for post-eligibility calculations.
(g) The base income figure shall be used when determining the spend down budget for the applicant or recipient. Any income remaining after allowable deductions are permitted as provided under rules adopted by the department of job and family services shall be considered the applicant's or recipient's spend down liability.
(3)(a) A pooled trust that meets all of the following requirements:
(i) The trust contains the assets of the applicant or recipient of any age who is disabled as defined in rules adopted by the department of job and family services.
(ii) The trust is established and managed by a nonprofit association.
(iii) A separate account is maintained for each beneficiary of the trust but, for purposes of investment and management of funds, the trust pools the funds in these accounts.
(iv) Accounts in the trust are established by the applicant or recipient, the applicant's or recipient's parent, grandparent, or legal guardian, or a court solely for the benefit of individuals who are disabled.
(v) The trust requires that, to the extent that any amounts remaining in the beneficiary's account on the death of the beneficiary are not retained by the trust, the trust pay to the state the amounts remaining in the trust up to an amount equal to the total amount of medical assistance paid on behalf of the beneficiary.
(b) Cash distributions to the applicant or recipient shall be counted as unearned income. All other distributions from the trust shall be treated as provided in rules adopted by the department of job and family services governing in-kind income.
(c) Transfers of assets to a pooled trust shall not be treated as an improper transfer of resources. Assets held prior to the transfer to the trust shall be considered as countable assets, countable income, or countable assets and income.
(4) A supplemental services trust that meets the requirements of section 1339.51 of the Revised Code and to which all of the following apply:
(a) A person may establish a supplemental services trust pursuant to section 1339.51 of the Revised Code only for another person who is eligible to receive services through one of the following agencies:
(i) The department of mental retardation and developmental disabilities;
(ii) A county board of mental retardation and developmental disabilities;
(iii) The department of mental health;
(iv) A board of alcohol, drug addiction, and mental health services.
(b) A county department of job and family services shall not determine eligibility for another agency's program. An applicant or recipient shall do one of the following:
(i) Provide documentation from one of the agencies listed in division (E)(4)(a) of this section that establishes that the applicant or recipient was determined to be eligible for services from the agency at the time of the creation of the trust;
(ii) Provide an order from a court of competent jurisdiction that states that the applicant or recipient was eligible for services from one of the agencies listed in division (E)(4)(a) of this section at the time of the creation of the trust.
(c) At the time the trust is created, the trust principal does not exceed the maximum amount permitted. The maximum amount permitted in calendar year 2002 is two hundred fourteen thousand dollars. Each year thereafter, the maximum amount permitted is the prior year's amount plus two thousand dollars.
(d) A county department of job and family services shall review the trust to determine whether it complies with the provisions of section 1339.51 of the Revised Code.
(e) Payments from supplemental services trusts shall be exempt as long as the payments are for supplemental services as defined in rules adopted by the department of job and family services. All supplemental services shall be purchased by the trustee and shall not be purchased through direct cash payments to the beneficiary.
(f) If a trust is represented as a supplemental services trust and a county department of job and family services determines that the trust does not meet the requirements provided in division (E)(4) of this section and section 1339.51 of the Revised Code, the county department of job and family services shall not consider it an exempt trust.
(F)(1) A trust or legal instrument or device similar to a trust shall be considered a trust established by an individual for the benefit of the applicant or recipient if all of the following apply:
(a) The trust is created by a person other than the applicant or recipient.
(b) The trust names the applicant or recipient as a beneficiary.
(c) The trust is funded with assets or property in which the applicant or recipient has never held an ownership interest prior to the establishment of the trust.
(2) Any portion of a trust that meets the requirements of division (F)(1) of this section shall be an available resource only if the trust permits the trustee to expend principal, corpus, or assets of the trust for the applicant's or recipient's medical care, care, comfort, maintenance, health, welfare, general well being, or any combination of these purposes.
(3) A trust that meets the requirements of division (F)(1) of this section shall be considered an available resource even if the trust contains any of the following types of provisions:
(a) A provision that prohibits the trustee from making payments that would supplant or replace medical assistance or other public assistance;
(b) A provision that prohibits the trustee from making payments that would impact or have an effect on the applicant's or recipient's right, ability, or opportunity to receive medical assistance or other public assistance;
(c) A provision that attempts to prevent the trust or its corpus or principal from being counted as an available resource.
(4) A trust that meets the requirements of division (F)(1) of this section shall not be counted as an available resource if at least one of the following circumstances applies:
(a) If a trust contains a clear statement requiring the trustee to preserve a portion of the trust for another beneficiary or remainderman, that portion of the trust shall not be counted as an available resource. Terms of a trust that grant discretion to preserve a portion of the trust shall not qualify as a clear statement requiring the trustee to preserve a portion of the trust.
(b) If a trust contains a clear statement requiring the trustee to use a portion of the trust for a purpose other than medical care, care, comfort, maintenance, welfare, or general well being of the applicant or recipient, that portion of the trust shall not be counted as an available resource. Terms of a trust that grant discretion to limit the use of a portion of the trust shall not qualify as a clear statement requiring the trustee to use a portion of the trust for a particular purpose.
(c) If a trust contains a clear statement limiting the trustee to making fixed periodic payments, the trust shall not be counted as an available resource and payments shall be treated in accordance with rules adopted by the department of job and family services governing income. Terms of a trust that grant discretion to limit payments shall not qualify as a clear statement requiring the trustee to make fixed periodic payments.
(d) If a trust contains a clear statement that requires the trustee to terminate the trust if it is counted as an available resource, the trust shall not be counted as an available resource. Terms of a trust that grant discretion to terminate the trust do not qualify as a clear statement requiring the trustee to terminate the trust.
(e) If a person obtains a judgment from a court of competent jurisdiction that expressly prevents the trustee from using part or all of the trust for the medical care, care, comfort, maintenance, welfare, or general well being of the applicant or recipient, the trust or that portion of the trust subject to the court order shall not be counted as a resource.
(f) If a trust is specifically exempt from being counted as an available resource by a provision of the Revised Code, rules, or federal law, the trust shall not be counted as a resource.
(g) If an applicant or recipient presents a final judgment from a court demonstrating that the applicant or recipient was unsuccessful in a civil action against the trustee to compel payments from the trust, the trust shall not be counted as an available resource.
(h) If an applicant or recipient presents a final judgment from a court demonstrating that in a civil action against the trustee the applicant or recipient was only able to compel limited or periodic payments, the trust shall not be counted as an available resource and payments shall be treated in accordance with rules adopted by the department of job and family services governing income.
(i) If an applicant or recipient provides written documentation showing that the cost of a civil action brought to compel payments from the trust would be cost prohibitive, the trust shall not be counted as an available resource.
(5) Any actual payments to the applicant or recipient from a trust that meet the requirements of division (F)(1) of this section, including trusts that are not counted as an available resource, shall be treated as provided in rules adopted by the department of job and family services governing income. Payments to any person other than the applicant or recipient shall not be considered income to the applicant or recipient. Payments from the trust to a person other than the applicant or recipient shall not be considered an improper transfer of assets.
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.
(4) Individuals shall not be required to obtain health care services through managed care organizations unless they are at least twenty-one years of age.
(B) Under the care management system, the department may do both of the following:
(1) Require or permit participants in the system to obtain health care services from providers designated by the department;
(2) Subject to division (A)(4) of this section, 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.
(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. 5111.161. (A) As used in this section, "chronically ill child" means an individual who is not more than twenty-one years of age and meets the conditions specified in division (A)(2) of section 5111.01 of the Revised Code to be eligible for medicaid on the basis of being blind or disabled.
(B) The department of job and family services shall develop a pilot program under which chronically ill children are included among the medicaid recipients who are required to participate in the care management system established under section 5111.16 of the Revised Code. The pilot program shall be implemented not later than October 1, 2003. The department shall operate the program until October 1, 2005, except that the department shall cease operation of the program before that date if either of the following is the case:
(1) The department determines that requiring chronically ill children to participate in the care management system is not a cost-effective means of providing medicaid services;
(2) The combined state and federal cost of operating the program reaches three million dollars.
(C) The department shall ensure that the pilot program is operated in Hamilton county, Muskingum county, and at least one other county selected by the department. The department may extend its operation of the program into the areas surrounding the counties in which the program is operated.
(D) The purpose of the pilot program shall be to determine whether occurrences of acute illnesses and hospitalizations among chronically ill children can be prevented or reduced by establishing a medical home for the children where care is administered proactively and in a manner that is accessible, continuous, family-centered, coordinated, and compassionate. In establishing a medical home for a chronically ill child, all of the following apply:
(1) A physician shall serve as the care coordinator for the child. The care coordinator may be engaged in practice as a pediatrician certified in pediatrics by a medical specialty board of the American medical association or American osteopathic association, a pediatric subspecialist, or a provider for the bureau of children with medical handicaps within the department of health. If the physician is in a group practice, any member of the group practice may serve as the child's care coordinator. The duties of the care coordinator may be performed by a person acting under the supervision of the care coordinator.
(2) The child may receive care from any health care practitioner appropriate to the child's needs, but the care coordinator shall direct and oversee the child's overall care.
(3) The care coordinator shall establish a relationship of mutual responsibility with the child's parents or other persons who are responsible for the child. Under this relationship, the care coordinator shall commit to developing a long-term disease prevention strategy and providing disease management and education services, while the child's parents or other persons who are responsible for the child shall commit to participate fully in implementing the child's care management plan.
(4) The medicaid program shall provide reimbursement for the reasonable and necessary costs of the services associated with care coordination, including, but not limited to, case management, care plan oversight, preventive care, health and behavioral care assessment and intervention, and any service modifier that reflects the provision of prolonged services or additional care.
(E) The department shall conduct an evaluation of the pilot program's effectiveness. As part of the evaluation, the department shall maintain statistics on physician expenditures, hospital expenditures, preventable hospitalizations, and other matters the department considers necessary to conduct the evaluation.
(F) The department shall adopt rules in accordance with Chapter 119. of the Revised Code as necessary to implement this section. The rules shall specify standards and procedures to be used in designating the chronically ill children who are required to participate in the pilot program.
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 Medicaid home and community-based services program established under 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 under a home and community-based services 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, 5111.671, or 5111.672 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. 5111.22. 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. 5111.34. (A) There is hereby created the nursing
facility reimbursement study council consisting
of the following
seventeen eighteen members:
(1) The director of job and family services;
(2) The deputy director of the office of Ohio health plans
of the department of job and family services;
(3) An employee of the governor's office;
(4) The director of health;
(5) The director of aging;
(6)
Three members of the house of representatives,
not
more
than two of whom are members of the same political party,
appointed
by the speaker of the house of representatives;
(7)
Three members of the senate,
not more than two of
whom
are members of the same political party, appointed by the
president
of
the senate;
(8) One representative of medicaid recipients residing in nursing facilities, appointed by the governor;
(9) Two representatives of each of the following
organizations, appointed by their respective governing bodies:
(a) The Ohio academy of nursing homes;
(b) The association of Ohio philanthropic homes and
housing
for the aging;
(c) The Ohio health care association.
Initial appointments of members described in divisions
(A)(6), (7), and (8)(9) of this section shall be made no later
than
ninety days after
June 6,
2001,
except that the initial
appointments of the two additional members
described in divisions
(A)(6) and (7) of this section added by
Am. Sub. H.B. 405 of the
124th
general assembly shall be made not
later than ninety days
after
the effective date of this amendment
March 14, 2002. Initial appointment of the member described in division (A)(8) of this section shall be made not later than ninety days after the effective date of this amendment.
Vacancies
in any of
those
appointments shall be filled in
the same
manner as
original
appointments. The members described
in
divisions
(A)(6), (7),
and (8), and (9) of this section shall serve at
the
pleasure
of the
official or governing body appointing the
member.
The
members
described in divisions (A)(1), (2), (3), (4),
and (5)
of
this
section shall serve for as long as they hold the
position
that
qualifies them for membership on the council. The
speaker of
the
house of representatives and the president of the
senate
jointly
shall appoint the chairperson of the council.
Members of
the
council
shall serve without compensation.
(B) The council shall review, on an ongoing basis, the
system
established by sections 5111.20 to 5111.32 of the Revised
Code
for reimbursing nursing facilities under the medical
assistance
program. The council shall recommend any changes
it
determines are necessary. The council shall issue a report of its activities, findings, and recommendations to the governor, the speaker of the house of representatives, and the president of the senate not later than July 30, 2004. Thereafter, the council periodically shall
report
its activities, findings, and recommendations to
the governor, the
speaker of the house of representatives, and the
president of the
senate.
(C) The council shall meet quarterly. Its first quarterly meeting after the effective date of this amendment shall be held not later than August 1, 2003.
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.
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. 5111.85. (A) As used in this section,
"medicaid
waiver component" means a component of the medicaid program
authorized by a waiver granted by the United States department of
health and human services under section 1115 or 1915 of the
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 1315 or
1396n.
"Medicaid waiver component" does not include a managed
care
management system established under section 5111.17 5111.16 of the Revised Code.
(B) The director of job and family services may adopt
rules
under Chapter 119. of the Revised Code governing medicaid
waiver
components that establish all of the following:
(1) Eligibility requirements for the medicaid waiver
components;
(2) The type, amount, duration, and scope of services the
medicaid waiver components provide;
(3) The conditions under which the medicaid waiver
components cover services;
(4) The amount the medicaid waiver components pay for
services or the method by which the amount is determined;
(5) The manner in which the medicaid waiver components pay
for services;
(6) Safeguards for the health and welfare of medicaid
recipients receiving services under a medicaid waiver component;
(7) Procedures for enforcing the rules, including
establishing corrective action plans for, and imposing financial
and administrative sanctions on, persons and government entities
that violate the rules. Sanctions shall include terminating
medicaid provider agreements. The procedures shall include due
process
protections.
(8) Other policies necessary for the efficient
administration of the medicaid waiver components.
(C) The director of job and family services may adopt
different rules for the different medicaid waiver components. The
rules shall be consistent with the terms of the waiver authorizing
the medicaid waiver component.
(D) The director of job and family services may conduct
reviews of the medicaid waiver components. The reviews may
include physical inspections of records and sites where services
are provided under the medicaid waiver components and interviews
of providers and recipients of the services. If the director
determines pursuant to a review that a person or government entity
has violated a rule governing a medicaid waiver component, the
director may
establish a corrective action plan for the violator
and impose
fiscal, administrative, or both types of sanctions on
the violator
in accordance with rules adopted under division (B)
of this
section.
Sec. 5111.87. As used in this section and section 5111.871
of
the Revised Code, "intermediate care facility for the mentally
retarded" has the same meaning as in section 5111.20 of the
Revised Code.
The director of job and family services may apply to the
United States secretary of health and human services for one or
more medicaid waivers under which home and community-based
services
are provided to individuals with mental retardation or
other
developmental disability as an alternative to placement in
an
intermediate care facility for the mentally retarded. Before
the director applies The director of mental retardation and developmental disabilities may request that the director of job and family services apply for one or more medicaid waivers under this section.
Before applying for a waiver under this section, the director of job and family services
shall seek, accept, and consider public comments.
Sec. 5111.871. 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 one or more of
the
component components of the
medicaid
program established by the
department of
job and family
services
under
one or more of 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 any of the component components
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 components of the
medicaid program that the department of mental retardation and
developmental disabilities administers under section 5111.871 of
the Revised Code. The rules shall provide for all of the
following:
(1) The department of mental retardation and developmental
disabilities arranging for the initial and ongoing collection of
cost information from a comprehensive, statistically valid sample
of persons and government entities providing the services at the
time the information is obtained;
(2) The collection of consumer-specific information through
an assessment instrument the department of mental retardation and
developmental disabilities shall 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. 5111.92. (A)(1) Except as provided in division (B)
of this section, if a state agency or political subdivision
administers one or more components of the medicaid program that
the United States department of health and human services
approved, and for which federal financial participation was
initially obtained, prior to January 1, 2002, or administers one
or
more aspects of such a component, the department of job and
family
services may retain or collect not more than ten per cent
of the
federal financial participation the state agency or
political
subdivision obtains through an approved, administrative
claim
regarding the component or aspect of the component. If the
department retains or collects a percentage of such federal
financial participation, the percentage the department retains or
collects shall be specified in a contract the department enters
into with the state agency or political subdivision under section
5111.91 of the Revised Code.
(2) Except as provided in division (B) of this section, if
a
state agency or political subdivision administers one or more
components of the medicaid program that the United States
department of health and human services approved on or after
January 1, 2002, or administers one or more aspects of such a
component, the department of job and family services shall retain
or collect not less than three and not more than ten per cent of
the federal financial participation the state agency or political
subdivision obtains through an approved, administrative claim
regarding the component or aspect of the component. The
percentage the department retains or collects shall be specified
in a contract the department enters into with the state agency or
political subdivision under section 5111.91 of the Revised Code.
(B) The department of job and family services may retain or
collect a percentage of federal financial participation under
divisions (A)(1) and (2) of this section only to the extent
permitted by federal statutes and regulations and shall not retain or collect a percentage of federal financial participation obtained pursuant to section 5126.058 of the Revised Code.
(C) All amounts the department retains or collects under
this section shall be deposited into the health care services
administration fund created under section 5111.94 of the Revised
Code.
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 department of job and family services administered home and community-based waiver programs. "Waiver agency" does not include a person or government entity that provides home and community-based waiver services through components of the medicaid program being administered by the department of mental retardation and developmental disabilities pursuant to a contract entered into with the department of job and family services under section 5111.871 of the Revised Code.
(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 centers for medicare and medicaid 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 all 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 waiver 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. 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. 5120.52. The department of rehabilitation and
correction may enter into a contract with a political subdivision
in under which a state correctional institution is located under which the
institution will provide sewage treatment services for the
political subdivision if the institution that has a water or sewage treatment
facility with sufficient excess capacity to provide the water or sewage treatment services will provide the services for the other contracting party. The
Any such contract shall include all of the following that apply:
(A) Limitations on the quantity of sewage that the
facility will accept that which are compatible with the needs of the
state correctional institution;
(B) Limitations on the quantity of potable water that the facility will provide which are compatible with the needs of the state correctional institution;
(C) The bases for calculating reasonable rates to be
charged the political subdivision contracting party for potable water or sewage treatment services
and for adjusting the rates;
(C)(D) All other provisions the department considers
necessary or proper to protect the interests of the state in the
facility and the purpose for which it was constructed.
All amounts due the department under the contract shall be
paid to the department by the political subdivision contracting party at the times
specified in the contract. The department shall deposit all such of those
amounts in the state treasury to the credit of the correctional institution water and
sewage treatment facility services fund, which is hereby created. The fund
shall be used by the department to pay costs associated
with operating and maintaining the water and sewage treatment facility facilities.
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 5123.199 of the Revised
Code that money is owed the state by a provider of a
service or program, the department may enter into a payment agreement
with the provider. 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 period not to
exceed one year;
(2) A provision that the provider
may pay the entire balance owed 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.
(B) The department may include a provision in a
payment agreement
that requires the provider to pay
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.
(C) If the provider fails to pay
any installment 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 department may withhold funds from payments made to a
provider under section 5123.18 or 5111.252 5123.199 of the
Revised Code to satisfy a
judgment secured by the attorney general.
(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, 5123.198, 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 divisions (E) and (F) 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, both of the following:
(1) The number of such beds taken out of service on or after July 1, 2003, because a residential facility license is revoked, terminated, or not renewed for any reason or is surrendered;
(2) The number of such beds for which a licensee voluntarily converts to use for supported living on or after July 1, 2003.
(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.
(F) The director may issue an interim license under division (R) of section 5123.19 of the Revised Code and issue, pursuant to rules adopted under division (G)(11) of that section, a waiver allowing a residential facility to admit more residents than the facility is licensed to admit regardless of whether the interim license or waiver 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. 5123.198. (A) Except as provided in division (B) of this section, 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 of mental retardation and developmental disabilities, pursuant to an adjudication order issued in accordance with Chapter 119. of the Revised code, shall reduce by one the number of residents for which the facility in which the resident resided is licensed.
(B) The department shall not reduce under division (A) of this section the number of residents for which a residential facility is licensed if any of the following are the case:
(1) The residential facility admits an individual who resides in a state-operated intermediate care facility for the mentally retarded on the date of the commitment of the resident of the residential facility to the state-operated intermediate care facility for the mentally retarded;
(2) There are no individuals residing in a state-operated intermediate care facility for the mentally retarded on the date of the commitment who have needs that the residential facility can meet;
(3) The residential facility admits an individual who resides in another residential facility on the date of the commitment, has needs the residential facility can meet, and is designated for transfer to the residential facility by the department not later than ninety days after the date of the commitment;
(4) There are no individuals residing in another residential facility on the date of the commitment who have needs that the residential facility can meet;
(5) The department fails within the time specified in division (B)(3) of this section to designate for transfer to the residential facility an individual who has needs that the residential facility can meet and resides in another residential facility on the date of the commitment;
(6) Every individual the department designates within the time specified in division (B)(3) of this section for transfer to the residential facility, or the parents or guardians of every such individual, refuses placement in the facility.
(C) A residential facility that admits, discharges, or transfers a resident under this section shall comply with the uniform procedures for admissions, transfers, and discharges established by rules adopted under division (G)(9) of section 5123.19 of the Revised Code.
(D) 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 residential facility that is an intermediate care facility for the mentally retarded 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, advising the administrator in establishing and annually reviewing a strategic plan, creating a procedure for filing and determination of grievances against the legal rights service, and establishing general
policy guidelines, including guidelines for the commencement 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 Subject to division (G)(5) of this section, 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, and chooses to move to another setting with the help of home and community-based services, 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 2005, 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 2004 and
2003 2005
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 2005.
(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. 5126.058. (A) The director of job and family services shall seek federal financial participation for the administrative costs for the following that each county board of mental retardation and developmental disabilities incurs pursuant to its medicaid local administrative authority under section 5126.055 of the Revised Code and claims in accordance with rules adopted under this section:
(1) Home and community-based services;
(2) Habilitation center services;
(3) Service and support administration provided in conjunction with any of the services listed in divisions (A)(1) and (2) of this section.
(B) The administrative costs for which the director shall seek federal financial participation under this section shall include all of the following:
(3) General administration;
(4) Personnel management;
(5) Contract services for legal or representational activities that are conducted on a county-specific, multi-county, or statewide basis and provided as part of initiatives to refinance or reform the medicaid program, to improve the administration of the medicaid program, or to increase the services covered by the medicaid program.
(C) Except as provided in division (D) of this section, federal financial participation obtained pursuant to a claim made under this section shall be paid to the county board that makes the claim.
(D) The department of mental retardation and development disabilities shall collect one per cent of the federal financial participation obtained pursuant to each claim made under this section. The amount the department collects under this division shall be deposited into the ODMR/DD administrative and oversight fund created under section 5123.0412 of the Revised Code.
(E) The director of job and family services shall adopt rules in accordance with Chapter 119. of the Revised Code as necessary for the implementation of this section. The director shall adopt the rules in consultation with the director of mental retardation and developmental disabilities. The rules shall be consistent with federal regulations governing the medicaid program and shall comply with all of the following:
(1) A county board may not claim more than fifteen per cent of its administrative costs for home and community-based services and habilitation center services.
(2) A county board may not claim more than fifty per cent of its administrative costs for service and support administration provided in conjunction with any of the services listed in division (A)(1) or (2) of this section.
(3) A county board shall verify the administrative costs for which it seeks federal financial participation in accordance with a time study or actual billing provided for by the rules.
(4) A county board may make a claim for administrative costs incurred before, on, or after the effective date of this section.
Sec. 5126.11. (A) As used in this section, "respite care"
means appropriate, short-term, temporary care that is provided to
a mentally retarded or developmentally disabled person to sustain
the family structure or to meet planned or emergency needs of the
family.
(B) Subject to rules adopted by the director of mental
retardation and developmental disabilities, and subject to the
availability of money from state and federal sources, the county
board of mental retardation and developmental disabilities shall
establish a family support services program. Under such a
program, the
board shall make payments to an individual with
mental retardation or
other developmental disability or the family
of an individual with mental
retardation or other developmental
disability
who desires to remain in and be supported in the family
home. Payments shall be made for all or part of costs
incurred or
estimated to
be incurred for services that would promote
self-sufficiency and
normalization, prevent or reduce
inappropriate institutional
care, and further the unity of the
family by enabling the family
to meet the special needs of the
individual
and to live as much like other families as possible.
Payments may be made in the form
of reimbursement for expenditures
or in the form of vouchers to be used to
purchase services.
(C) Payment shall not be made under this section to an
individual or the individual's family if the
individual is living
in a residential facility that is providing
residential services
under contract with the department of mental retardation
and
developmental disabilities or a county board.
(D) Payments may be made for the following services:
(1) Respite care, in or out of the home;
(2) Counseling,
supervision, training, and education
of
the
individual, the individual's caregivers, and members of the
individual's family that aid the family in providing proper care
for the
individual, provide for the special needs of the
family,
and assist in all aspects of the individual's daily
living;
(3) Special diets, purchase or lease of special equipment,
or modifications of the home, if such diets, equipment, or
modifications are necessary to improve or facilitate the care and
living environment of the individual;
(4)
Providing support necessary for the individual's
continued skill development, including such services as
development of interventions to cope with unique problems that may
occur within the complexity of the family, enrollment of the
individual in special summer programs, provision of appropriate
leisure activities, and other social skills development
activities;
(5) Any other services that are consistent with the
purposes
specified in division (B) of this section
and specified in the
individual's service plan.
(E) In order to be eligible for payments under a family
support services
program, the individual or
the individual's
family must reside in the county served by the county board,
and
the individual must be in need of habilitation. Payments shall be
adjusted for income in accordance with the payment schedule
established in
rules adopted under this section. Payments shall
be made only after the
county board has taken into account all
other available assistance for which
the individual or family is
eligible.
(F) Before incurring expenses for a service for which
payment will be sought under a family support services
program,
the individual or family
shall apply to the county board for a
determination of
eligibility and approval of the service. The
service need not be
provided in the county served by the county
board. After being
determined eligible and receiving approval for
the service, the
individual or family may incur expenses for the
service or use the
vouchers received from the county board for the
purchase of the
service.
If the county board refuses to approve a service, an appeal
may be made in accordance with rules adopted by the department
under this section.
(G) To be reimbursed for expenses incurred for approved
services, the individual or family shall submit to the county
board a
statement of the expenses incurred accompanied by any
evidence
required by the board. To redeem vouchers used to
purchase
approved services, the entity that provided the service
shall
submit to the county board evidence that the service was
provided
and a statement of the charges. The county board shall
make
reimbursements and redeem vouchers no later than forty-five
days
after it receives the statements and evidence required by
this
division.
(H) A county board shall consider the following
objectives
in carrying out a family support services
program:
(1) Enabling individuals to return to their families from an
institution
under the jurisdiction of the department of mental
retardation and
developmental disabilities;
(2) Enabling individuals found to be subject to
institutionalization by court order under section 5123.76 of the
Revised Code to remain with their families with the aid of
payments provided under this section;
(3) Providing services to eligible children and adults
currently residing in the community;
(4) Providing services to individuals with developmental
disabilities who are
not receiving other services from the board.
(I) The director shall adopt, and may amend and rescind,
rules for the implementation of family support services programs
by county
boards. Such rules shall include the following:
(1) A payment schedule adjusted for income;
(2) A formula for distributing to county boards the money
appropriated
for family support services;
(3) Standards for supervision, training, and quality
control
in the provision of respite care services;
(4) Eligibility standards and procedures for providing
temporary emergency respite care;
(5) Procedures for hearing and deciding appeals made under
division (F) of this section;
(6) Requirements to be followed by county boards regarding
reports submitted under division (K) of this section.
Rules adopted under divisions (I)(1) and (2) of this
section
shall be adopted in accordance with section 111.15 of the
Revised
Code. Rules adopted under divisions (I)(3) to (6) of
this section
shall be adopted in accordance with Chapter 119. of
the Revised
Code.
(J) All individuals certified by the superintendent of the
county board as
eligible for temporary emergency respite care in
accordance with
rules adopted under this section shall be
considered eligible for
temporary emergency respite care for not
more than five days to
permit the determination of eligibility for
family support services. The
requirements of divisions (E) and
(F) of this section do not
apply to temporary emergency respite
care.
(K) On the first day of July of each year, the The department
of
mental retardation and developmental disabilities shall
distribute
to county boards money appropriated for family support
services in quarterly installments of equal amounts. The installments shall be made not later than the thirtieth day of September, the thirty-first day of December, the thirty-first day of March, and the thirtieth day of June.
A
county board shall use no more
than seven per cent of the funds
for administrative costs. Each
county board shall submit reports
to the department on payments
made under this section. The
reports shall be submitted at those
times and in the manner
specified in rules adopted under this
section.
(L) The county board shall not be required to make
payments
for family support services at a
level that exceeds available
state and federal funds for such payments.
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 quarterly installments of equal amounts. The
installments shall be made not later
than the thirtieth day of September, the thirty-first day of
August and December, the thirty-first day of
January March, and the thirtieth day of June.
(F) The director of mental retardation and developmental
disabilities shall make efforts to obtain increases in the
subsidies for early childhood services and adult services so that
the amount of the subsidies is equal to at least fifty per cent
of
the statewide average cost of those services minus any
applicable
federal reimbursements for those services. The
director shall
advise the director of budget and management of
the need for any
such increases when submitting the biennial
appropriations request
for the department.
(G) In determining the reimbursement of a county board for
the provision of
service and support
administration, family
support
services, and
other services
required or approved by the
director for which
children three
through twenty-one years of age
are eligible, the
department shall
include the average daily
membership in approved
school age or
preschool units. The
department, in accordance with
this
section
and upon receipt and
approval of the certification
required
by
this section and any
other information it requires to
enable it to
determine a board's
payments, shall pay the agency
providing the
specialized training
the amounts payable under this
section.
Sec. 5126.121. Each county board of mental retardation
and developmental disabilities may be eligible to receive a
subsidy from the department of mental retardation and
developmental disabilities for the employment of a business
manager as provided in this section. The department shall adopt
rules in accordance with Chapter 119. of the Revised
Code specifying standards for
the employment of such a business manager. The rules shall
include the minimum education and experience requirements for
the position of business manager and shall specify requirements
for courses in fiscal and business management that are annually
sponsored or certified by the department and that are applicable
to the position and designed to teach effective business
practices. Each county board of mental retardation and
developmental disabilities that employs a business manager in
accordance with the standards adopted under this section may
receive a subsidy from the department.
The department shall distribute this subsidy to eligible county boards in quarterly installments of equal amounts. The installments shall be made not later than the thirtieth day of September, the thirty-first day of December, the thirty-first day of March, and the thirtieth day of June.
Sec. 5126.15. (A) A county board of mental retardation
and
developmental disabilities shall provide service and support
administration to each individual
three years of age or older who
is
eligible for
service
and support
administration if the
individual requests, or a person on the
individual's behalf
requests, service and support administration.
A board shall
provide service and
support administration to each
individual
receiving home and
community-based services. A board
may provide,
in accordance
with
the service coordination
requirements of 34
C.F.R. 303.23,
service
and support
administration to an individual
under three
years of
age eligible
for early intervention services
under 34
C.F.R. part
303. A board
may provide
service and support
administration to an
individual
who is not
eligible for other
services of the board.
Service and
support
administration shall
be
provided in accordance
with rules
adopted
under section 5126.08
of
the Revised Code.
A board may provide service and support administration by
directly employing service and support administrators or by
contracting with entities for the performance of service and
support administration.
Individuals employed or under contract as
service and support administrators shall not be in the same
collective bargaining unit as employees who perform duties that
are not administrative.
Individuals employed by a board as service and support
administrators shall not be assigned responsibilities for
implementing
other services for individuals and shall
not be
employed by
or serve in a decision-making or
policy-making
capacity for any
other
entity that
provides programs or
services
to individuals
with mental
retardation
or developmental
disabilities.
An
individual
employed as a conditional status
service and support
administrator
shall perform the duties of
service and support
administration
only under the supervision of a
management employee
who is a
service and support administration
supervisor or a
professional
employee who is a service and support
administrator.
(B) The individuals employed by or under contract with a
board to provide service and support administration shall do all
of the following:
(1) Establish an individual's eligibility for the services
of the county board of mental retardation and developmental
disabilities;
(2) Assess individual needs for services;
(3) Develop individual service plans with the active
participation of the individual to be served, other persons
selected by the individual, and, when applicable, the provider
selected by the individual, and recommend the plans for approval
by the department of mental retardation and developmental
disabilities when services included in the plans are funded
through medicaid;
(4) Establish budgets for services based on the individual's
assessed needs and preferred ways of meeting those needs;
(5) Assist individuals in making selections from among the
providers they have chosen;
(6) Ensure that services are effectively coordinated and
provided by appropriate providers;
(7) Establish and implement an ongoing system of monitoring
the implementation of individual service plans to achieve
consistent implementation and the desired outcomes for the
individual;
(8) Perform quality assurance reviews as a distinct function
of service and support administration;
(9) Incorporate the results of quality assurance reviews and
identified trends and patterns of unusual incidents and major
unusual incidents into amendments of an individual's service plan
for the purpose of improving and enhancing the quality and
appropriateness of services rendered to the individual;
(10) Ensure that each individual receiving services has a
designated person who is responsible on a continuing basis for
providing the individual with representation, advocacy, advice,
and assistance related to the day-to-day coordination of services
in accordance with the individual's service plan. The service and
support administrator shall give the individual receiving services
an opportunity to designate the person to provide daily
representation. If the individual declines to make a designation,
the administrator shall make the designation. In either case, the
individual receiving services may change at any time the person
designated to provide daily representation.
(C) Subject to available funds, the department of mental
retardation and developmental disabilities shall pay a county
board
an annual subsidy for
service and support
administration.
The amount of the
subsidy shall
be
equal to the
greater of twenty
thousand dollars or two hundred
dollars times
the board's
certified average daily membership. The
payments
shall be
made in
semiannual quarterly installments of equal amounts, which shall be
made no
later
than the thirtieth day of September, the
thirty-first day of August and December, the
thirty-first day
of
January March, and the thirtieth day of June.
Funds received shall be used solely
for
service and support
administration.
Sec. 5126.18. (A)
As used in this section:
(1) "County board" means a county board of mental
retardation and developmental disabilities.
(2) Notwithstanding section 5126.01 of the Revised Code,
"adult services" means the following services, as they are
identified on individual information forms submitted by county
boards to the department of mental retardation and developmental
disabilities for the purpose of subsidies paid to county boards
under section 5126.12 of the Revised Code, provided to an
individual with mental retardation or other developmental
disability who is at least twenty-two years of age:
(d) Community employment services;
(3) "Adult services enrollment" means a county board's
average daily membership in adult services, exclusive of such
services provided to individuals served solely through service and
support administration provided pursuant to section 5126.15 of the
Revised Code or family support services provided pursuant to
section 5126.11 of the Revised Code.
(4) "Taxable value" means the taxable value of a county
board
certified under division (B)(1) of this section.
(5) "Per-mill yield" of a county board means the quotient
obtained by dividing (a) the taxable value of the county board by
(b) one thousand.
(6) "Local adult services cost" means a county board's
expenditures for adult services, excluding all federal and state
reimbursements and subsidy allocations received by such boards and
expended for such services, as certified under section 5126.12 of
the Revised Code.
(7) "Statewide average millage" means one thousand
multiplied by the quotient obtained by dividing (a) the total of
the local adult services costs of all county boards by (b) the
total of the taxable values of all county boards.
(8) "County yield" of a county board means the product
obtained by multiplying (a) the statewide average millage by (b)
the per-mill yield of the county board.
(9) "County yield per enrollee" of a county board means the
quotient obtained by dividing (a) the county yield of the county
board by (b) the adult enrollment of the county board.
(10) "Statewide yield per enrollee" means the quotient
obtained by dividing (a) the sum of the county yields of all
county boards by (b) the sum of the adult enrollments of all
county boards.
(11) "Local tax effort for adult services" of a county
board
means one thousand multiplied by the quotient obtained by
dividing
(a) the local adult
services cost of the county board by
(b) the
taxable value of the
county board.
(12) "Funding percentage" for a fiscal year means the
percentage that the amount appropriated to the department for the
purpose of making payments under this section in the fiscal year
is of the amount computed under division (C)(3) of this section
for the fiscal year.
(13) "Funding-adjusted required millage" for a fiscal year
means the statewide average millage multiplied by the funding
percentage for that fiscal year.
(B)(1)
On the request of the
director of
mental
retardation
and developmental disabilities, the
tax
commissioner
shall provide
to the department of mental
retardation
and
developmental
disabilities information specifying
the taxable
value of property
on each county's tax list of real and
public
utility property and
tax list of personal property for the
most
recent tax year for
which such information is available. The
director may request any
other tax information
necessary for
the
purposes of
this
section.
(2) On the request of the director, each county board shall
report the county board's adult services enrollment and local
adult services cost.
(C) Each year, the department of mental retardation and
developmental disabilities shall compute the following:
(1) For each county board, the amount, if any, by which the
statewide yield per enrollee exceeds the county yield per
enrollee;
(2) For each county board, the amount of any excess
computed
under division (C)(1) of this section multiplied by the
adult
services enrollment of the county board;
(3) The sum of the amounts computed under division (C)(2)
of
this section for all county boards.
(D) From money appropriated for the purpose, the
department,
on or before the thirtieth day of September of each
year, shall
provide for payment to each county board of the amount
computed
for that county board under division (C)(2) of this
section,
subject to any reduction or adjustment under division
(E), (F), or
(G) of this section. The department shall make the payments in quarterly installments of equal amounts. The installments shall be made not later than the thirtieth day of September, thirty-first day of December, thirty-first day of March, and thirtieth day of June.
(E) If a county board's local tax effort for adult services
is less than the funding-adjusted required millage, the director
shall reduce the amount of payment otherwise computed under
division (C)(2) of this section so that the amount paid, after the
reduction, is the same percentage of the amount computed under
division (C)(2) of this section as the county board's local tax
effort for adult services is of the funding-adjusted required
millage.
If the director reduces the amount of a county board's
payment under this division, the department, not later than the
fifteenth day of July, shall notify the county board of the
reduction and the amount of the reduction. The notice shall
include a statement that the county board may request to be
exempted from the reduction by filing a request with the director,
in the manner and form prescribed by the director, within
twenty-one days after such notification is issued. The board may
present evidence of its attempt to obtain passage of levies or any
other extenuating circumstances the board considers relevant. If
the county board requests a hearing before the director to present
such evidence, the director shall conduct a hearing on the request
unless the director exempts the board from the reduction on the
basis of the evidence presented in the request filed by the board.
Upon receiving a properly and timely filed request for exemption,
but not later than the thirty-first day of August, the director
shall determine whether the county board shall be exempted from
all or a part of the reduction. The director may exempt the board
from all or part of the reduction if the director finds that the
board has made good faith efforts to obtain passage of tax levies
or that there are extenuating circumstances.
(F) If a payment is reduced under division (E) of this
section and the director does not exempt the county board from the
reduction, the amount of the reduction shall be apportioned among
all county boards entitled to payments under this section for
which payments were not so reduced. The amount apportioned to
each county board shall be proportionate to the amount of the
board's payment as computed under division (C)(2) of this section.
(G) If, for any fiscal year, the amount appropriated to the
department for the purpose of this section is less than the amount
computed under division (C)(3) of this section for the fiscal
year, the department shall adjust the amount of each payment as
computed under divisions (C)(2), (E), and (F) of this section by
multiplying that amount by the funding percentage.
(H) The payments authorized by this section are
supplemental
to all other funds that may be received by a county
board. A
county board shall use the payments solely to pay the
nonfederal
share of medicaid expenditures that division (A) of
section
5126.057 of the Revised Code requires the county board to
pay.
Sec. 5126.44. (A) The department of mental retardation
and developmental disabilities, in accordance with Chapter 119.
of the Revised Code, shall adopt rules for making allocations for
counties and distributing to county boards of mental retardation
and developmental disabilities money to be used for planning,
development, contracting for, and providing supported living. The rules shall
provide for an allocation to be made for each
county on an equitable basis, taking into account any factors that indicate
need for supported living for residents of the county.
(B) The department shall annually allocate for each county
an amount determined in accordance with the rules adopted under
this section. Except as provided in division (C) of this
section, the department shall distribute the amount allocated for
the county to each county board. Money shall be distributed to
county boards in two quarterly installments annually, which shall be paid
no later than the last day of July and the last day of December thirtieth day of September, the thirty-first day of December, the thirty-first day of March, and the thirtieth day of June.
In the case of a county that has not adopted a resolution under
division (B) of section 5126.40 of the Revised Code, the
department shall use the money allocated for the county to
provide supported living under section 5123.182 of the Revised
Code.
(C) The department shall not distribute money to a county
board for residential services that are being provided by a
provider under contract with the department on the effective date
of this amendment unless the provider and the county board agree
to enter into a contract between the provider and the county
board under which the provider will provide the services as
supported living. If the conversion of a contract occurs under
this division, the provisions of section 5126.451 shall apply as
though the contract was transferred under that section.
(D) Pursuant to section 5126.05 of the Revised Code, the
county board shall annually adopt a separate budget for money
distributed to it under this section. The board shall cause the
money to be deposited in a fund created pursuant to division (F)
of section 5705.09 of the Revised Code which shall be known as
the "community mental retardation and developmental disabilities
residential services and supported living fund." The fund shall
consist of this money and any other money for residential
services or supported living that the board causes to be
deposited in the fund. A county board is not required to use any
other money for residential services or supported living. A
county board may establish a reserve balance account within this
fund pursuant to division (C)(2) of section 5705.28 of the
Revised Code.
(E) The department of mental retardation and developmental
disabilities may adopt rules under Chapter 119. of the Revised
Code establishing procedures for an annual reconciliation of
state funds that have been deposited in the reserve balance
account. The rules may provide for the return of state funds to
the appropriate department account when the funds have been
unexpended for a period of two years.
(F) A county board may use up to ten per cent of the
amount distributed to it under this section for the
administrative costs of developing, arranging, and contracting
for supported living and for costs of staff training and support.
Annually, each county board shall report to the department all
revenue and expenditures pertaining to supported living. The
report shall be made in conjunction with the annual report of
expenditures submitted pursuant to section 5126.12 of the Revised
Code. The report shall list the names of the individuals served,
the total number of individuals served on a monthly basis in the
preceding calendar year, the types of services provided, the
total cost of the services, and the sources of revenue used to
cover the cost.
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 ten 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 misdemeanor or a felony;
(c) Children who satisfy all of the following:
(i) They are at least twelve ten 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 an act described in division (A)(19)(a), (b), or (c) of this section, 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)(15)
"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)(16)
"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)(17)
"Category one offense" and
"category two offense" have
the same
meanings
as in section 2151.26 of the Revised Code.
(19)(18)
"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)(18)(a)
or
(b) of this section and that violates an
institutional rule of
conduct of the department.
(20)(19)
"Unruly child" has the same meaning as in section
2151.022 of the Revised Code.
(21)(20)
"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)(21)
"Release authority" means the release authority
of the
department of youth services that is established by section
5139.50 of the Revised Code.
(23)(22)
"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)(23)
"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)(24)
"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)(25)
"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)(26)
"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)(27)
"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)(28) "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)(29) "Metropolitan county criminal justice services agency"
means an agency that is established pursuant to division (A) of
section 181.54 of the Revised Code.
(31)(30) "Administrative planning district" means a district that
is established pursuant to division (A) or (B) of section 181.56
of the Revised Code.
(32)(31) "Criminal justice coordinating council" means a criminal
justice services agency that is established pursuant to division
(D) of section 181.56 of the Revised Code.
(33)(32)
"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. 5139.04. The department of youth services shall do
all
of the following:
(A) Support service districts through a central
administrative office that shall have as its administrative head
a
deputy director who shall be appointed by the director of the
department. When a vacancy occurs in the office of that deputy
director, an assistant deputy director shall act as
that deputy
director until the vacancy is filled. The position of deputy
director and assistant deputy director described in this division
shall
be in the
unclassified civil service of the state.
(B) Receive custody of all children committed to it under
Chapter 2152. of the Revised Code, cause a study to be
made of
those children, and issue any orders, as it considers best suited
to the needs of any of those children and the interest of the
public, for the treatment of each of those children;
(C) Obtain personnel necessary for the performance of its
duties;
(D) Train or provide for training of probation and youth
correction workers;
(E) Adopt rules that regulate its organization
and
operation, that implement sections 5139.34 and
5139.41 to 5139.45 5139.43
of the Revised Code, and that pertain to the administration
of
other sections
of this chapter;
(F)(E) Submit reports of its operations to the governor and
the
general assembly by the thirty-first day of January of each
odd-numbered year;
(G)(F) Conduct a program of research in diagnosis, training,
and treatment of delinquent children to evaluate the
effectiveness
of the department's services and to develop more
adequate methods;
(H) Receive reports from the juvenile courts under
division
(C)(3)(b) of section 5139.43 of the Revised Code and
prepare an
annual report of state juvenile court statistics and
information
based upon those reports. The department shall make
available a
copy of the annual report to the governor and members
of the
general assembly upon request.
(I)(G) Develop a standard form for the disposition
investigation report that
a juvenile court is required pursuant to
section
2152.18 of the Revised Code
to complete and provide to
the department when the court commits a child to
the legal custody
of the department;
(J)(H) Do all other acts necessary or desirable to carry out
this chapter.
Sec. 5139.33. (A) The department of youth services shall
make grants in accordance with this section to encourage counties
to use community-based programs and services for juveniles who
are adjudicated delinquent children for the commission of acts
that would be felonies if committed by an adult.
(B) Each county seeking a grant under this section shall
file an application with the department of youth services. The
application shall be filed at the time and in accordance with
procedures established by the department in rules adopted under
this section. Each application shall be accompanied by a plan
designed to reduce the county's commitment percentage, or to
enable it to maintain or attain a commitment percentage that is
equal to or below the statewide average commitment percentage. A
county's commitment percentage is the percentage determined by
dividing the number of juveniles the county committed to the
department during the year by the number of juveniles who were
eligible to be committed. The statewide average commitment
percentage is the percentage determined by dividing the number of
juveniles in the state committed to the department during the
year by the number of juveniles who were eligible to be
committed. These percentages shall be determined by the
department using the most reliable data available to it.
Each plan shall include a method of ensuring equal access
for minority youth to the programs and services for which the
grant will be used.
The department shall review each application and plan to
ensure that the requirements of this division are satisfied. Any
county applying for a grant under this section that received a
grant under this section during the preceding year and that
failed to meet its commitment goals for that year shall make the
changes in its plan that the department requires in order to
continue to be eligible for grants under this section.
(C) Subject to division (E) of this section, the amounts
appropriated for the purpose of making grants under this section
shall be distributed annually on a per capita basis among the
counties that have complied with division (B) of this section.
(D) The department shall adopt rules to implement this
section. The rules shall include, but are not limited to,
procedures and schedules for submitting applications and plans
under this section, including procedures allowing joint-county
applications and plans; and procedures for monitoring and
evaluating the effectiveness of the programs and services
financed with grant money, the enhancement of the use of local
facilities and services, and the adequacy of the supervision and
treatment provided to juveniles by those programs and services.
(E)(1) Three months prior to the implementation of the felony
delinquent care and custody program described in section 5139.43
of the Revised Code, each county that is entitled to a grant
under this section shall receive its grant money for the fiscal
year or the remainder of its grant money for the fiscal year,
other than any grant money to which it is entitled and that is
set aside by the department of youth services for purposes of
division (E)(2) of this section. The grant money so distributed
shall be paid in a lump sum.
(2) During the first twelve months that the felony
delinquent care and custody program described in section 5139.43
of the Revised Code is implemented in a county, any grant or the
remainder of any grant to which a county is entitled and that is
payable from the appropriation made to the department of youth
services for community sanctions shall be distributed as follows:
(a) In the first quarter of the twelve-month period, the
county shall receive one hundred per cent of the quarterly
distribution.
(b) In the second quarter of the twelve-month period, the
county shall receive seventy-five per cent of the quarterly
distribution.
(c) In the third quarter of the twelve-month period, the
county shall receive fifty per cent of the quarterly
distribution.
(d) In the fourth quarter of the twelve-month period, the
county shall receive twenty-five per cent of the quarterly
distribution.
(3) Grant moneys received pursuant to divisions (E)(1) and
(2) of this section shall be transmitted by the juvenile court of
the recipient county to the county treasurer, shall be deposited
by the county treasurer into the felony delinquent care and
custody fund created pursuant to division (C)(B)(1) of section
5139.43 of the Revised Code, and shall be used by the juvenile
court in accordance with division (C)(B)(2) of that section. The
grant moneys shall be in addition to, and shall not be used to
reduce, any usual annual increase in county funding that the
juvenile court is eligible to receive or the current level of
county funding of the juvenile court and of any programs or
services for delinquent children, unruly children, or juvenile
traffic offenders.
(4) One year after the commencement of its operation of
the felony delinquent care and custody program described in
section 5139.43 of the Revised Code, the department shall not
make any further grants under this section.
Sec. 5139.34. (A) Funds may be appropriated to the
department of youth services for the purpose of granting state
subsidies to counties. A county or the juvenile court that
serves a county shall use state subsidies granted to the county
pursuant to this section only in accordance with divisions
(C)(B)(2)(a) and
(3)(a) of section 5139.43 of the Revised Code
and the rules pertaining
to the state subsidy funds that the department adopts pursuant to division
(E)(D) of section 5139.04 of the Revised Code.
The department shall not grant financial assistance pursuant to this
section for the provision of care and
services for children in a foster care placement
facility unless the facility has been certified, licensed, or
approved by a state or national agency with certification, licensure, or
approval authority, including, but not limited to, the department of job and
family services, department of education, department of mental
health, or department of mental retardation and developmental
disabilities, or American Correctional Association. For the purposes of this section, foster care placement
facilities do not include a state institution or a county or district
children's home.
The department also shall not grant financial assistance
pursuant to this section for the provision of care and services
for children, including, but not limited to, care and services
in a detention facility, in another facility, or in out-of-home
placement, unless the minimum standards applicable to the care
and services that the department prescribes in rules adopted
pursuant to division (E)(D) of section 5139.04 of the Revised
Code have been satisfied.
(B) The department of youth services shall apply the
following formula to determine the amount of the annual grant that each
county is to receive pursuant to division (A)
of this section, subject to the appropriation for this purpose to the
department made by the general assembly:
(1) Each county shall receive a basic annual grant of
fifty thousand dollars.
(2) The sum of the basic annual grants provided under
division (B)(1) of this section shall be subtracted from the
total amount of funds appropriated to the department of youth
services for the purpose of making grants pursuant to division (A)
of this section to determine the
remaining portion of the funds appropriated. The remaining portion of the
funds appropriated
shall be distributed on a per capita basis to each county
that has a population of more than twenty-five thousand for that
portion of the population of the county that exceeds twenty-five
thousand.
(C)(1) Prior to a county's receipt of an annual grant pursuant to
this section, the juvenile court that serves the county shall prepare, submit,
and file in accordance with division (C)(B)(3)(a) of
section 5139.43 of the Revised Code an annual grant
agreement and application for funding that is for the combined purposes of,
and that satisfies the requirements of, this section and section 5139.43 of
the Revised Code. In addition to the
subject matters described in division (C)(B)(3)(a)
of section 5139.43 of the Revised Code or in the rules that
the department adopts to implement that division, the annual grant
agreement and application for funding shall address fiscal
accountability and performance matters pertaining to the
programs, care, and services that are specified in the agreement
and application and for which state subsidy funds granted
pursuant to this section will be used.
(2) The county treasurer of each county that receives
an annual grant pursuant to this section shall deposit the state
subsidy funds so received into the county's felony delinquent
care and custody fund created pursuant to division
(C)(B)(1) of section 5139.43 of the Revised
Code. Subject to exceptions prescribed in section 5139.43 of the
Revised Code that may apply to the
disbursement, the department shall disburse the state subsidy
funds to which each county is entitled
as follows:
(a) Except as provided in division
(C)(2)(b) of this section, the department shall
disburse the state subsidy funds to which a county is entitled
in a lump sum payment that shall be made in July of each
calendar year.
(b) In the case of state subsidy funds to which a county
is entitled for fiscal year 1998, the department shall disburse
the state subsidy funds to the county in two distinct payments
in accordance with this division. The department shall disburse
seventy-five per cent of those state subsidy funds to the county
in July 1997. After the department reviews and
reconciles the applicable reports that the juvenile court of the
county is required to prepare and submit to the department
pursuant to section 5139.43 of the Revised Code,
the department shall disburse to the county in October
1997, the remainder of the state subsidy funds to which the
county is entitled.
(3) Upon an order of the juvenile court that serves a
county and subject to appropriation by the board of county
commissioners of that county, a county treasurer shall disburse
from the county's felony delinquent care and custody fund the state
subsidy funds granted to the county pursuant to this section for
use only in accordance with this section, the applicable
provisions of section 5139.43 of the Revised Code, and the
county's approved annual grant agreement and application for funding.
(4) The moneys in a county's felony delinquent care
and custody fund that represent state subsidy funds granted
pursuant to this section
are subject to
appropriation by the board of county commissioners of the
county; shall be disbursed by the county treasurer as required
by division (C)(3) of this section; shall be used in the
manners referred to in division (C)(3) of this section;
shall not revert to the county general
fund at the end of any fiscal year; shall carry over in the
felony delinquent care and custody fund from the end of any
fiscal year to the next fiscal year; shall be in addition to,
and shall not be used to reduce, any usual annual increase in
county funding that the juvenile court is eligible to receive or
the current level of county funding of the juvenile court and of
any programs, care, or services for alleged or adjudicated
delinquent children, unruly children, or juvenile traffic
offenders or for children who are at risk of becoming delinquent
children, unruly children, or juvenile traffic offenders; and
shall not be used to pay for the care and custody of felony
deliquents who are in the care and custody of an institution
pursuant to a commitment, recommitment, or revocation of a
release on parole by the juvenile court of that county or who
are in the care and custody of a community corrections facility
pursuant to a placement by the department with the consent of
the juvenile court as described in division
(E) of section 5139.36 of the Revised Code.
(5) As a condition of the continued receipt of state
subsidy funds pursuant to this section, each county and the
juvenile court that serves each county that receives an annual
grant pursuant to this section shall comply with divisions
(C)(B)(3)(b), (c), and (d) of
section 5139.43 of the Revised Code.
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. 5139.41. On and after January 1, 1995, the
The appropriation made to the department of youth services for care
and custody of felony delinquents shall be expended in accordance
with a formula the following procedure that the department shall develop use for each year of
a biennium. The formula procedure shall be consistent with sections
5139.41
to 5139.45 5139.43 of the Revised Code and shall be developed in
accordance with the following guidelines:
(A) The department shall set aside at least three per cent
but not more than five per cent of the appropriation
for purposes
of funding the contingency program described in
section 5139.45 of
the Revised Code and of use in accordance with
that section.
(B)(1) After setting aside the amount described in
division
(A) of this section, the department shall set aside twenty-five
per cent of the
remainder of the appropriation and use that amount
for the purpose
described in division (B)(2) of this
section and
to pay certain of the operational costs associated
with, and to
provide cash flow for, the following:
(b) The diagnosis, care, or treatment of felony
delinquents
at institutions, facilities, or centers pursuant to
contracts
entered into under section 5139.08 of the Revised Code;
(c) Community corrections facilities constructed,
reconstructed, improved, or financed as
described in section
5139.36 of
the Revised Code for the purpose of providing
alternative
placement and services for felony delinquents who have
been
diverted from care and custody in institutions.
(2) The department may use a portion of the twenty-five
per
cent of the remainder of the appropriation set aside pursuant
to
division (B)(1) of this section for administrative expenses
incurred by the department in connection with the felony
delinquent care and custody program described in section 5139.43
of the Revised Code and the associated contingency program
described in section 5139.45 of the Revised Code.
(C) After setting aside the amounts described in divisions
(A) and
(B)(1) of this section, the department shall set aside the
amount of
the appropriation that is equal to twenty-five per cent
of the amount that is
calculated by multiplying the per diem cost
for the care and custody of felony
delinquents, as determined
pursuant to division (D) of section 5139.42
of the Revised Code,
by the number of bed days that the department projects
for
occupancy in
community corrections facilities described in
division
(B)(1)(c) of this section. The department shall use the
amount of the appropriation that is set aside pursuant to this
division to pay
the percentage of the per diem cost for the care
and custody of felony
delinquents who are in the care and custody
of community corrections facilities
described in division
(B)(1)(c) of this section for
which the department is responsible
under sections 5139.41 to 5139.45 of the Revised Code.
(D) After setting aside the amounts described in divisions
(A) to (C) of this section, the department
shall set aside the
amount of the appropriation that
is necessary to pay seventy-five
per cent of the per
diem cost of public safety beds and shall use
that amount for the purpose of
paying that per diem cost.
(E) After setting aside the amounts described in divisions
(A) to (D) of this section, the department shall use the
remainder
of the appropriation in connection with the felony
delinquent care
and custody program described in section 5139.43
of the Revised
Code, except that, for fiscal year 2002 and fiscal
year 2003 and
only for those two fiscal years, the total number of beds
available
to all counties via public safety beds and county
allocations shall not be
less than the total beds used by all the
counties during fiscal year 2000
funded by care and custody
chargebacks (Line Item 401) and
as public safety beds.
(F) If the department's appropriation for a fiscal year is subsequently revised by law or its expenditures ordered to be reduced by executive order under section 126.05 of the Revised Code, the department may adjust the amounts described in divisions (A) to (E) of this section in a manner consistent with the revision or reduction. The line item appropriation for the care and custody of felony delinquents shall provide funding for operational costs for the following:
(1) Institutions and the diagnosis, care, or treatment of felony delinquents at facilities pursuant to contracts entered into under section 5139.08 of the Revised Code;
(2) Community corrections facilities constructed, reconstructed, improved, or financed as described in section 5139.36 of the Revised Code for the purpose of providing alternative placement and services for felony delinquents who have been diverted from care and custody in institutions;
(3) County juvenile courts that administer programs and services for prevention, early intervention, diversion, treatment, and rehabilitation services and programs that are provided for alleged or adjudicated unruly or delinquent children or for children who are at risk of becoming unruly or delinquent children;
(4) Administrative expenses the department incurs in connection with the felony delinquent care and custody programs described in section 5139.43 of the Revised Code.
(B) From the appropriated line item for the care and custody of felony delinquents, the department, with the advice of the RECLAIM advisory committee established under section 5139.44 of the Revised Code, shall allocate annual operational funds for county juvenile programs, institutional care and custody, community corrections facilities care and custody, and administrative expenses incurred by the department associated with felony delinquent care and custody programs. The department, with the advice of the RECLAIM advisory committee, shall adjust these allocations, when modifications to this line item are made by legislative or executive action.
(C) The department shall divide county juvenile program allocations among county juvenile courts that administer programs and services for prevention, early intervention, diversion, treatment, and rehabilitation that are provided for alleged or adjudicated unruly or delinquent children or for children who are at risk of becoming unruly or delinquent children. The department shall base funding on the county's previous year's ratio of the department's institutional and community correctional facilities commitments to that county's four year average of felony adjudications, divided by statewide ratios of commitments to felony adjudications, as specified in the following formula:
(1) The department shall give to each county a proportional allocation of commitment credits. The proportional allocation of commitment credits shall be calculated by the following procedures:
(a) The department shall determine for each county and for the state a four year average of felony adjudications.
(b) The department shall determine for each county and for the state the number of charged bed days, for both the department and community correctional facilities, from the previous year.
(c) The department shall divide the statewide total number of charged bed days by the statewide total number of felony adjudications, which quotient shall then be multiplied by a factor determined by the department.
(d) The department shall calculate the county's allocation of credits by multiplying the number of adjudications for each court by the result determined pursuant to division (C)(1)(c) of this section.
(2) The department shall subtract from the allocation determined pursuant to division (C)(1) of this section a credit for every chargeable bed day a youth stays in a department institution and two-thirds of credit for every chargeable bed day a youth stays in a community correctional facility. At the end of the year, the department shall divide the amount of remaining credits of that county's allocation by the total number of remaining credits to all counties, to determine the county's percentage, which shall then be applied to the total county allocation to determine the county's payment for the fiscal year.
(3) The department shall pay counties three times during the fiscal year to allow for credit reporting and audit adjustments, and modifications to the appropriated line item for the care and custody of felony delinquents, as described in this section. The department shall pay fifty per cent of the payment by the fifteenth of July of each fiscal year, twenty-five per cent by the fifteenth of January of that fiscal year, and twenty-five per cent of the payment by the fifteenth of June of that fiscal year.
(D) In fiscal year 2004, the payment of county juvenile programs shall be based on the following procedure:
(1) The department shall divide the funding earned by each court in fiscal year 2003 by the aggregate funding of all courts, resulting in a percentage.
(2) The department shall apply the percentage determined under division (D)(1) of this section to the total county juvenile program allocation for fiscal year 2004 to determine each court's total payment.
(3) The department shall make payments in accordance with the schedule established in division (C)(3) of this section.
Sec. 5139.43. (A) The
department of youth services shall operate a felony delinquent
care and custody program with the remainder of the appropriation
described in division (E) of section 5139.41 of the Revised
Code.
The program that shall be operated in accordance with the formula
developed pursuant to sections section 5139.41 and 5139.42 of the Revised
Code, subject to the conditions specified in this section, and in
conjunction with the contingency program described in section
5139.45 of the Revised Code.
(B)(1) The department of youth services annually shall
allocate to each county a portion of the remainder of the
appropriation described in division (E) of section 5139.41
of the
Revised Code. The portion to be allocated to each county shall
be determined by multiplying the county's percentage determined
under division (E) of section 5139.42 of the Revised Code by the
amount of that remainder. The department shall divide the
portion to be allocated to each county by twelve or, if in a particular fiscal
year the felony delinquent care and custody program is in effect in a county
less than twelve months, by the number of months the program is in effect in
that county to determine the monthly allocation to that county.
(2)(a) Except as provided in divisions (B)(2)(b)
and (E) of this
section, the department shall reduce the monthly allocation for
each fiscal year to each county as determined under division
(B)(1) of this section by both of the following:
(i) Seventy-five per cent of the amount
determined by multiplying the per diem cost for the care and
custody of felony delinquents, as determined pursuant to division
(D) of section 5139.42 of the Revised Code, by the number of
felony delinquents who have been adjudicated delinquent children
and, except as otherwise
provided in divisions (B)(2)(a)
and (3) of this section, who are in the care and custody of an
institution pursuant to a
commitment, recommitment, or
revocation of a release by the juvenile court of that county;
(ii) Fifty per cent of the amount determined by multiplying the
per diem cost for the care and custody of felony delinquents, as determined
pursuant to division (D) of section 5139.42 of the Revised Code, by the number
of felony delinquents who have been adjudicated delinquent children
and, except as otherwise provided in
division (B)(3) of this section,
who are in the care and custody of a community corrections facility pursuant
to a placement by the department with the consent of the juvenile court of
that county as described in division (E) of section 5139.36 of the Revised
Code.
Public safety beds shall not
be included in the number of felony delinquents who have been
adjudicated delinquent children by a juvenile court in making the seventy-five
per cent reduction described in
division
(B)(2)(a)(i) of this
section. The
department shall bear the care and custody costs associated with
public safety beds.
(b) If a county has exhausted its current and future
monthly allocations for the current fiscal year as determined
under division (B)(1) of this section, the department shall bear
the remainder of the
amounts calculated under divisions
(B)(2)(a)(i) and (ii) of this section for the care and
custody of felony
delinquents who are in the care and custody of an institution pursuant to
a commitment,
recommitment, or revocation
of a release or in the care and custody of a community
corrections facility by
debiting, in accordance with division (C)(2) of section 5139.45
of the Revised Code, the amount of the appropriation for care and
custody of felony delinquents that was set aside for the contingency program
pursuant to division (A) of section 5139.41 of the Revised Code.
(3)(a) Subject to divisions (B)(2)(b) and (4) and
(C)(3)(b) and (c) of this section
and subject to the special provisions of division
(B)(3)(b) of this section pertaining to monthly
allocations under divisions (B)(1) and (2)(a)
of this section for the month of June, after the application of
division (B)(2)(a) of this section and on or
before the fifteenth day of the following month, the department
shall disburse to the juvenile court of each county the remainder
of the monthly allocation of that county as determined pursuant
to divisions (B)(1) and (2)(a) of this section.
(b)(i) For the monthly allocation for the month of June
of each fiscal year, the department shall estimate for each county the number
of felony delinquents described in divisions
(B)(2)(a)(i) and (ii) of this
section rather than use the actual number of those felony delinquents, shall
use the estimated number of those felony delinquents in making the
seventy-five
per cent and fifty per cent reductions described in those divisions, and shall
encumber the remainder of the estimated monthly allocation of each county for
the month of June, as determined pursuant to divisions
(B)(1), (2)(a), and (3)(b)(i) of
this section, for disbursement in the month of July of the next fiscal
year in accordance with division (B)(3)(b)(ii)
of this section. If the total of the seventy-five per cent and fifty per
cent
reductions described in division (B)(2)(a) of this
section exceeds the estimated monthly allocation of a county for the month of
June as so determined, the department may cover the amount of the
excess by debiting, in accordance with division (C)(2) of section
5139.45 of the Revised Code, the amount of
the appropriation for care and custody of felony
delinquents that was set aside for the contingency program pursuant to
division (A) of section 5139.41 of the Revised Code.
(ii) In the month of July of each new fiscal year, the
department shall reconcile for each county the estimated reductions that
occurred pursuant to divisions (B)(2)(a) and
(3)(b)(i) of this section and the reductions that should
have occurred pursuant to division (B)(2)(a) of this
section by using the actual number of felony delinquents described in
divisions (B)(2)(a)(i) and (ii)
of this section for the month of June of the prior fiscal year.
After that reconciliation occurs, subject to divisions
(B)(2)(b) and (4) and (C)(3)(b) and
(c) of this section, the department
shall disburse to each county the remainder of its monthly allocation for the
month of June of the prior fiscal year as adjusted pursuant to the
reconciliation and division (B)(3)(b)(ii) of
this section.
In connection with the adjustments in the monthly allocations for the month
of June of the prior fiscal year, if the encumbered monthly
allocations of one or more counties for that month exceed or are less than the
monthly allocations for that month to which those counties are entitled under
divisions (B)(1) and (2)(a) of this section by
using the actual number of felony delinquents described in divisions
(B)(2)(a)(i) and (ii) of this
section rather than the estimated number of those felony delinquents, the
department may make the necessary adjustments in the monthly allocations of
those counties for the month of June of the prior fiscal year within
the total of the moneys for monthly allocations for that month that were
encumbered for all of the counties. If that total amount is insufficient to
make the requisite monthly allocations for that month to all counties in
accordance with divisions (B)(1) and (2)(a) of
this section, the department shall cover the insufficiency
by debiting, in accordance with division (C)(2) of section
5139.45 of the Revised Code, the amount of the appropriation for care and custody of felony
delinquents that was set aside for the contingency program pursuant to
division (A) of section 5139.41 of the Revised Code.
(4) Notwithstanding the general disbursement
requirements of division (B)(3)(a) and (b)(ii)
of this section, if a juvenile court fails to comply with division (C)(3)(d)
of this section and the department is not able to reconcile fiscal accounting
as a consequence of that failure, the department is not required to make any
disbursement in accordance with division (B)(3)(a) or
(b)(ii) of this section to the
juvenile court until it complies with division (C)(3)(d) of this section.
(C)(1) Each juvenile court shall use the moneys disbursed
to it by the department of youth services pursuant to division
(B) of this section 5139.41 of the Revised Code in accordance with the applicable provisions of
division (C)(B)(2) of this section and shall transmit the moneys to the county
treasurer for deposit in accordance with this division. The county treasurer
shall create in the county treasury a fund that shall be
known as the felony delinquent care and custody fund and shall
deposit in that fund the moneys disbursed to the juvenile
court pursuant to division (B) of this section 5139.41 of the Revised Code. The county treasurer also
shall deposit into that fund the
state subsidy funds granted to the county pursuant to section
5139.34 of the Revised Code. The moneys
disbursed to the juvenile court pursuant to division
(B) of this section 5139.41 of the Revised Code and deposited pursuant to this
division in the felony delinquent care and custody fund shall not
be commingled
with any other county funds except state subsidy funds granted to the
county pursuant to section 5139.34 of the Revised Code; shall not be used for any capital
construction projects; upon an
order of the juvenile court and subject to appropriation by the
board of county commissioners, shall be disbursed to the juvenile
court for use in accordance with the applicable provisions of division
(C)(B)(2) of this section;
shall not revert to the county general fund at the end of any
fiscal year; and shall carry over in the felony delinquent care and custody
fund from the end of any fiscal year to the next fiscal year. The moneys
disbursed to the juvenile court pursuant to division
(B) of this section 5139.41 of the Revised Code and deposited pursuant to this
division in the felony delinquent care and custody fund shall be in
addition to, and shall not be used to reduce,
any usual annual increase in county funding that the juvenile
court is eligible to receive or the current level of county
funding of the juvenile court and of any programs or services for
delinquent children, unruly children, or juvenile traffic
offenders.
(2)(a) A county and the juvenile court that serves the county
shall use the moneys in its felony delinquent care and custody fund in
accordance with rules that the department of youth services adopts pursuant to
division (E)(D) of section 5139.04 of the Revised Code and as follows:
(i) The moneys in the fund that represent state subsidy funds
granted to the county pursuant to section 5139.34 of the
Revised Code shall be used to aid in
the support of prevention, early intervention, diversion,
treatment, and rehabilitation programs that are provided for
alleged or adjudicated unruly children or delinquent children or
for children who are at risk of becoming unruly
children or delinquent children. The county shall not use for
capital improvements more than fifteen per cent of
the moneys in the fund that represent the applicable annual grant of those
state subsidy
funds.
(ii) The moneys in the fund that
were disbursed to the juvenile court pursuant to division
(B) of this section 5139.41 of the Revised Code and deposited pursuant to division
(C)(B)(1) of this section in the
fund shall be used to
provide programs and services for the training,
treatment, or rehabilitation of felony delinquents that are
alternatives to their commitment to the department, including,
but not limited to, community residential programs, day treatment
centers, services within the home, and electronic monitoring, and shall be
used in connection with training,
treatment, rehabilitation, early intervention, or other programs or services
for any delinquent child, unruly child, or juvenile traffic
offender who is under the jurisdiction of the juvenile court.
For purposes of division (C)(2)(a)(ii) of this section, a delinquent
child includes a child who is so adjudicated for the commission
of an act that if committed by an adult would be a misdemeanor
or felony.
If, during the previous state fiscal year, the county
did not exceed in any month its monthly allocation as determined
pursuant to division (B)(1) of
this section in connection with felony delinquents described in
divisions (B)(2)(a)(i)
and (ii) of this section, the moneys in
the fund that were disbursed to the juvenile court
pursuant to division (B) of
this section and deposited pursuant to division
(C)(1) of this section in the The
fund also may be used for prevention, early
intervention, diversion, treatment, and rehabilitation programs
that are provided for alleged or adjudicated unruly children,
delinquent children, or juvenile traffic offenders or for
children who are at risk of becoming unruly
children, delinquent children, or juvenile traffic
offenders. Consistent with
division (C)(B)(1) of this
section, a county and the juvenile court of a county shall not
use any of those moneys for capital construction
projects.
(iii) The county and the juvenile
court that serves the county may not use moneys in the fund for
the provision of care and services for children, including, but
not limited to, care and services in a detention facility, in
another facility, or in out-of-home placement, unless the
minimum standards that apply to the care and services and that
the department prescribes in rules adopted pursuant to division
(E)(D) of section 5139.04 of the
Revised Code have been satisfied.
(b) Each juvenile court shall comply with division (C)(B)(3)(d) of this section
as implemented by the department. If a juvenile court fails to comply with
that division and the department is not able to reconcile fiscal accounting as
a consequence of the failure, the provisions of division (B)(4) of this
section shall apply.
(3) In accordance with rules adopted by the department
pursuant to division (E)(D) of section 5139.04 of the Revised
Code, each juvenile
court and the county served by that juvenile court shall do all of the
following that apply:
(a) The juvenile court shall prepare an annual grant agreement
and application for funding that satisfies the requirements of
this section and section 5139.34 of the
Revised Code and that pertains to the use,
upon an order of the juvenile court and subject to appropriation
by the board of county commissioners, of the moneys in its felony
delinquent care and custody fund for specified programs,
care, and services as described in division (C)(B)(2)(a) of this
section, shall submit that agreement and
application to the county family and children first council, the
regional family and children first council, or the local
intersystem services to children cluster as described in
sections 121.37 and 121.38 of the Revised
Code, whichever is applicable,
and shall file that agreement and application with the
department for its approval. The annual grant agreement
and application for funding shall include a method of ensuring equal
access for minority
youth to the programs, care, and services specified in
it.
The department may approve an annual grant agreement
and application for funding only if the juvenile court involved
has complied with the preparation, submission, and filing
requirements described in division
(C)(B)(3)(a)
of this section. If the juvenile court complies with those
requirements and the department approves that agreement
and application, the juvenile court and the county
served by the juvenile court may expend the state subsidy funds
granted to the county pursuant to section 5139.34 of the
Revised Code only in accordance with
division (C)(B)(2)(a)
of this section, the rules
pertaining to state subsidy funds that the department adopts
pursuant to division (E)(D) of section 5139.04 of the Revised
Code, and the approved agreement and application.
(b) By the thirty-first day of August of each
year, the juvenile court shall file with the department a report
that contains all of the statistical and other
information for each month of the prior state fiscal
year that will permit the department to prepare the report described
in division (D) of this section and the annual report described in
division (H) of section 5139.04 of the Revised Code. If the juvenile court
fails to file the report required by division
(C)(B)(3)(b)
of this section by the thirty-first day of
August of any year, the
department shall not disburse any payment of state subsidy funds
to which the county otherwise is entitled pursuant to section
5139.34 of the Revised Code and shall not disburse
pursuant to division (B)(3)(a) or
(b)(ii) of this section the remainder of 5139.41 of the Revised Code the
applicable monthly allocation of the county until the juvenile
court fully complies with division
(C)(B)(3)(b)
of this section.
(c) If the department requires the juvenile court to
prepare monthly statistical reports for use under section 5139.42
of the Revised Code and to submit the reports on forms provided
by the department, the juvenile court shall file those reports with the
department on the forms so provided. If the juvenile court
fails to prepare and submit those monthly statistical reports within the
department's timelines, the department shall not disburse any
payment of state subsidy funds to which the county
otherwise is entitled pursuant to section 5139.34 of the
Revised Code and shall not disburse
pursuant to division (B)(3)(a) or
(b)(ii) of this section the
remainder of 5139.41 of the Revised Code the applicable monthly allocation of the county
until the juvenile court fully complies with division
(C)(B)(3)(c) of this section.
If the juvenile court fails to prepare and submit those monthly
statistical reports within one hundred eighty days of the date the
department establishes for their submission, the department shall not
disburse any payment of state subsidy funds to which the county
otherwise is entitled pursuant to section 5139.34 of the Revised
Code and shall not disburse pursuant to
division (B)(3)(a) or (b)(ii)
of this section the remainder
of 5139.41 of the Revised Code the applicable monthly allocation of the county, and the state subsidy
funds
and the remainder of
the applicable monthly allocation shall revert to the department. If a
juvenile court states in a monthly
statistical report that the juvenile court adjudicated within a state fiscal
year five
hundred or more children to be delinquent children for committing
acts that would be felonies if committed by adults and if the department
determines that the data in the report may be inaccurate, the juvenile
court shall have an independent auditor or other qualified entity certify the
accuracy of
the data on a date determined by the department.
(d) If the department requires the juvenile court and the county to
participate in a fiscal monitoring program or
another monitoring program that is conducted by the
department to ensure compliance by the juvenile court and
the county with division (C)(B) of this section, the juvenile court and
the county shall participate in the
program and fully comply with any guidelines for the performance of audits
adopted by the department pursuant to that program and all requests made by
the department pursuant to that program for information necessary to reconcile
fiscal accounting. If an audit that is performed pursuant to a fiscal
monitoring program or another monitoring program
described in this division
determines that the juvenile court or the county used moneys in the county's
felony delinquent care and custody
fund for expenses that are not authorized under division
(C)(B) of this section, within
forty-five days after the department notifies the county of the
unauthorized expenditures, the county either shall repay the amount of
the unauthorized expenditures from the county general revenue fund to the state's general revenue
fund or shall
file a written appeal with the department. If an appeal is
timely filed, the director of the department shall render a
decision on the appeal and shall notify the appellant county or
its juvenile court of that decision within forty-five days after
the date that the appeal is filed. If the director denies an
appeal, the county's fiscal agent shall repay the amount of the
unauthorized expenditures from the county general revenue fund to the state's general revenue fund
within thirty days after receiving the director's notification
of the appeal decision. If the county fails to make the repayment within
that
thirty-day period
and if
the unauthorized expenditures pertain to moneys allocated under
sections 5139.41 to 5139.45 5139.43 of the
Revised Code, the department shall deduct the amount of
the
unauthorized expenditures from the
next
monthly allocation of those moneys to the county in accordance
with this section or from the
allocations that otherwise
would be made under those sections to the county during the next state fiscal
year
in accordance with this section and shall return that deducted
amount to the state's general revenue fund. If the county fails
to make the repayment within that thirty-day period and if the
unauthorized expenditures pertain to moneys granted pursuant to
section 5139.34 of the Revised
Code, the department shall
deduct the amount of the unauthorized expenditures from the next
annual grant to the county pursuant to that section and shall
return than that deducted amount to the state's general revenue
fund.
(D) On or prior to the first day of December
of each year, the department of youth services shall submit to the joint
legislative committee on juvenile corrections overcrowding a
report that pertains to the operation of sections 5139.34 and
5139.41 to 5139.45 of the Revised Code during the immediately preceding
state fiscal year and that includes, but is not limited
to, the following:
(1) A description of the programs, care, and services
that were
financed under those sections in each county;
(2) The number of felony delinquents, other delinquent
children, unruly children, and juvenile traffic offenders served
by the programs, care, and services in each county;
(3) The total number of children
adjudicated in each juvenile court as felony
delinquents;
(4) The total number of felony delinquents who were
committed by the juvenile court of each county to the department
and who were in the care and custody of an institution or a
community corrections facility;
(5) A breakdown of the felony delinquents described in
division (D)(4) of this section on the basis of the types and
degrees of felonies committed, the ages of the felony delinquents
at the time they committed the felonies, and the sex and race of
the felony delinquents.
(E)(C) The determination of which county a reduction of the monthly
care and custody allocation will be charged against for a particular youth
shall be made as outlined
below for all youths who do not qualify as public safety beds.
The determination of which county a reduction of the monthly care
and custody allocation will be charged against shall be made as
follows until each youth is released:
(1) In the event of a commitment, the reduction shall be charged
against the committing county.
(2) In the event of a recommitment, the reduction shall be charged
against the original committing county until the expiration of the
minimum period of institutionalization under the original order of
commitment or until the date on which the youth is admitted to the
department of youth services pursuant to the order of
recommitment, whichever is later. Reductions of the monthly
allocation shall be charged against the county that recommitted
the youth after the minimum expiration date of the original
commitment.
(3) In the event of a revocation of a release on parole, the reduction
shall be charged against the county
that revokes the youth's parole.
(D) A juvenile court is not precluded by its allocation amount for the care and custody of felony delinquents from committing a felony delinquent to the department of youth services for care and custody in an institution or a community corrections facility when the juvenile court determines that the commitment is appropriate.
Sec. 5139.44. (A)(1) There is hereby created the RECLAIM advisory committee that shall be composed of the following ten members:
(a) Two members shall be juvenile court judges appointed by the Ohio association of juvenile and family court judges.
(b) One member shall be the director of youth services or the director's designee.
(c) One member shall be the director of budget and management or the director's designee.
(d) One member shall be the director of the legislative service commission or the director's designee.
(e) One member shall be a member of a senate committee dealing with finance or criminal justice issues appointed by the president of the senate.
(f) One member shall be a member of a committee of the house of representatives dealing with finance or criminal justice issues appointed by the speaker of the house of representatives.
(g) One member shall be a member of a board of county commissioners appointed by the county commissioners association of Ohio.
(h) Two members shall be juvenile court administrators appointed by the Ohio association of juvenile and family court judges.
(2) The members of the committee shall be appointed or designated within thirty days after the effective date of this section, and the director of youth services shall be notified of the names of the members.
(3) Members described in divisions (A)(1)(a), (g), and (h) of this section shall serve for terms of two years and shall hold office from the date of the member's appointment until the end of the term for which the member was appointed. Members described in divisions (A)(1)(b), (c), and (d) of this section shall serve as long as they hold the office described in that division. Members described in divisions (A)(1)(e) and (f) of this section shall serve for the duration of the session of the general assembly during which they were appointed, provided they continue to hold the office described in that division. The members described in divisions (A)(1)(a), (e), (f), (g), and (h) 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.
(4) Membership on the committee does not constitute the holding of an incompatible public office or employment in violation of any statutory or common law prohibition pertaining to the simultaneous holding of more than one public office or employment. Members of the committee are not disqualified from holding by reason of that membership and do not forfeit because of that membership their public office or employment that qualifies them for membership on the committee notwithstanding any contrary disqualification or forfeiture requirement under existing Revised Code sections.
(B) The director of youth services shall serve as an interim chair of the RECLAIM advisory committee until the first meeting of the committee. Upon receipt of the names of the members of the committee, the director shall schedule the initial meeting of the committee that shall take place at an appropriate location in Columbus and occur not later than sixty days after the effective date of this section. The director shall notify the members of the committee of the time, date, and place of the meeting. At the initial meeting, the committee shall organize itself by selecting from among its members a chair, vice-chair, and secretary. The committee shall meet at least once each quarter of the calendar year but may meet more frequently at the call of the chair.
(C) In addition to its functions with respect to the RECLAIM program described in section 5139.41 of the Revised Code, the RECLAIM advisory committee periodically shall do all of the following:
(1) Evaluate the operation of the RECLAIM program by the department of youth services, evaluate the implementation of the RECLAIM program by the counties, and evaluate the efficiency of the formula described in section 5139.41 of the Revised Code. In conducting these evaluations, the committee shall consider the public policy that RECLAIM funds are to be expended to provide the most appropriate programs and services for felony delinquents and other youthful offenders.
(2) Advise the department of youth services, the office of budget and management, and the general assembly on the following changes that the committee believes should be made:
(a) Changes to sections of the Revised Code that pertain to the RECLAIM program, specifically the formula specified in section 5139.41 of the Revised Code;
(b) Changes in the funding level for the RECLAIM program, specifically the amounts distributed under the formula for county allocations, community correctional facilities, and juvenile correctional facility budgets.
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. 5153.122. (A) Each caseworker hired by a public children
services agency shall complete at least ninety hours of in-service training
during the first year of the caseworker's continuous employment, except that the director of the public children services agency may waive the training requirement for a school of social work graduate who participated in the university partnership program described in division (D) of section 5101.141 of the Revised Code. The training
shall consist of courses in recognizing and preventing child abuse and
neglect, assessing
risks, interviewing persons, investigating cases, intervening, providing
services to children and their families, and other topics relevant to child
abuse and neglect. After the first year of continuous employment, each
caseworker annually shall complete thirty-six hours of training in areas
relevant to the caseworker's assigned duties.
(B) Each supervisor hired by a public children services agency
shall complete at least sixty hours of in-service training during the first
year of the supervisor's continuous employment in that position. After the
first year of continuous employment as a supervisor, the supervisor annually
shall complete thirty hours of training in areas relevant to the supervisor's
assigned duties.
Sec. 5153.16. (A) Except as provided in section 2151.422
of
the Revised
Code, in accordance with rules of the department of
job and family
services, and on
behalf of children in the county
whom the
public children services agency considers to be in need
of public care
or protective services, the public children
services agency shall do all of
the following:
(1) Make an investigation concerning any child alleged to be
an abused,
neglected, or dependent child;
(2) Enter into agreements with the parent, guardian, or
other person having legal custody of any child, or with the
department of job and family services, department of mental
health,
department of mental retardation and developmental
disabilities,
other department, any certified organization within
or outside
the county, or any agency or institution outside the
state,
having legal custody of any child, with respect to the
custody,
care, or placement of any child, or with respect to any
matter, in the interests of the child, provided the permanent
custody of a child shall not be transferred by a parent to the
public children services agency
without the consent of the
juvenile court;
(3) Accept custody of children committed to the public
children services
agency by a court
exercising juvenile
jurisdiction;
(4) Provide such care as the
public children services agency
considers to be in the best interests
of any child adjudicated to
be an abused, neglected, or dependent child
the agency
finds to be
in need of public care or service;
(5) Provide social services to any unmarried girl
adjudicated to be
an abused, neglected, or dependent child who is
pregnant with or has been
delivered of a child;
(6) Make available to the bureau for children with medical
handicaps of the department of health at its request any
information concerning a crippled child found to be in need of
treatment under sections 3701.021 to 3701.028 of the Revised Code
who is receiving services from the public
children services
agency;
(7) Provide temporary emergency care for any child
considered by the public children
services agency to be in need of
such care, without agreement or
commitment;
(8) Find certified foster homes, within or outside the
county, for the care of children, including handicapped children
from other counties attending special schools in the county;
(9) Subject to the approval of the board of county
commissioners and the state department of job and family services,
establish and operate a training school or enter into an
agreement
with any municipal corporation or other political
subdivision of
the county respecting the operation, acquisition,
or maintenance
of any children's home, training school, or other
institution for
the care of children maintained by such municipal
corporation or
political subdivision;
(10) Acquire and operate a county children's home,
establish, maintain, and operate a receiving home for the
temporary care of children, or procure certified foster
homes for
this purpose;
(11) Enter into an agreement with the trustees of any
district children's home, respecting the operation of the
district
children's home in cooperation with the other county
boards in the
district;
(12) Cooperate with, make its services available to, and
act
as the agent of persons, courts, the department of job and family
services, the department of health, and other organizations
within
and outside the state, in matters relating to the welfare
of
children, except that the public children services agency shall
not be required to provide supervision of or other services
related to the
exercise of parenting time rights granted pursuant
to section 3109.051 or 3109.12 of the Revised Code or
companionship or visitation rights
granted pursuant to section
3109.051, 3109.11, or 3109.12 of the
Revised Code unless a
juvenile court, pursuant to Chapter 2151. of
the Revised
Code, or
a common pleas court, pursuant to division
(E)(6)
of section
3113.31 of the Revised Code, requires the
provision of
supervision
or other
services related
to the exercise
of the parenting time
rights or companionship or visitation rights;
(13) Make investigations at the request of any
superintendent of schools in the county or the principal of any
school concerning the application of any child adjudicated to be
an abused,
neglected, or dependent child for release from school,
where such service
is not provided through a school attendance
department;
(14) Administer funds provided under Title IV-E of the
"Social Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as
amended, in accordance with rules adopted under section 5101.141
of the Revised
Code;
(15) In addition to administering Title IV-E adoption
assistance funds, enter into agreements to make adoption
assistance payments under section 5153.163 of the Revised Code;
(16) Implement a system of risk assessment, in accordance
with
rules adopted by the director of
job and family
services, to
assist the public
children services agency in determining the risk
of abuse or neglect to a
child;
(17) Enter into a plan of cooperation with the board of
county commissioners under section 307.983 of the Revised Code and
comply with
the partnership each fiscal agreement the board enters into under
section 307.98 of the
Revised Code that include family services duties of public children services agencies and contracts the board enters
into under sections 307.981 and
307.982 of the Revised Code that
affect the public children services
agency;
(18) Make reasonable efforts to prevent the removal of an
alleged or
adjudicated abused, neglected, or dependent child from
the child's home,
eliminate the continued removal of the child
from the child's home, or make it
possible for the child to return
home safely, except that reasonable
efforts of that nature are not
required when a court has made a determination
under
division
(A)(2) of section 2151.419 of the Revised Code;
(19) Make reasonable efforts to place the child in a
timely
manner in accordance with the permanency plan approved
under
division (E) of section
2151.417 of the Revised Code and to
complete whatever
steps are necessary to finalize the permanent
placement of the
child;
(20) Administer a Title IV-A program identified under
division (A)(3)(c) or (d) of section 5101.80 of the Revised Code
that the department of job and family services provides for the
public children services agency to administer under the
department's supervision pursuant to section 5101.801 of the
Revised Code;
(21) Provide independent living services pursuant to sections
2151.81 to 2151.84 of the Revised Code.
(B) The public children services agency shall use the system
implemented pursuant to division (B)(16) of this section in
connection with an investigation undertaken pursuant to division
(F)(1) of section 2151.421 of the Revised Code and
may use the
system at any other time the agency is involved with any child
when the agency determines that risk assessment is necessary.
(C) Except as provided in section 2151.422 of the Revised
Code,
in accordance with rules of the director of
job and family
services, and on
behalf of children in the county whom the public
children services agency
considers to be in need of public care or
protective services, the public
children services agency may do
the following:
(1) Provide or find, with other
child serving systems,
specialized foster care for the care of children in a
specialized
foster home, as defined in section 5103.02 of the Revised
Code,
certified under section 5103.03 of the Revised Code;
(2)(a) Except as limited by divisions (C)(2)(b) and
(c) of
this section, contract with the following for the purpose of
assisting
the agency with its duties:
(i) County departments of job and family services;
(ii) Boards of alcohol, drug addiction, and mental
health
services;
(iii) County boards of mental retardation and
developmental
disabilities;
(iv) Regional councils of political subdivisions
established
under Chapter 167. of the Revised Code;
(v) Private and government providers of services;
(vi) Managed care organizations and prepaid health plans.
(b) A public children services agency contract
under
division (C)(2)(a) of this section regarding the agency's duties
under
section 2151.421 of the Revised Code may not provide for the
entity under contract with the agency to perform any service not
authorized by the department's rules.
(c) Only a county children services board
appointed under
section 5153.03 of the Revised Code that is a public children
services agency may contract under division (C)(2)(a) of this
section. If an
entity specified in division (B) or (C) of section
5153.02 of the Revised Code
is the public children services agency
for a county, the board of county
commissioners may enter into
contracts pursuant to section 307.982 of the
Revised Code
regarding the agency's duties.
Sec. 5153.163. (A) As used in this section, "adoptive
parent" means, as the
context requires, a prospective
adoptive
parent or an adoptive parent.
(B)(1) If Before a child's adoption is finalized, a public children services
agency considers
a
child with special needs residing in the county served by the
agency to be in need of public care or protective services and all
of the
following apply, the agency shall enter into an agreement
with the
child's adoptive parent before the child is adopted
under
which the agency shall make state adoption maintenance subsidy payments as needed on behalf of
the
child when all of the following apply:
(a) The child is a child with special needs.
(b) The child was placed in the adoptive home by a public children services agency or a private child placing agency and may legally be adopted.
(c) The adoptive parent has the capability of providing the
permanent family
relationships needed by the child in all areas
except financial need as
determined by the agency;.
(b)(d) The needs of the child are beyond the economic
resources
of the adoptive parent as determined by the
agency;.
(c) The agency
determines the acceptance (e) Acceptance of the child as a
member of the adoptive
parent's family would not be in the child's
best interest without payments on
the child's behalf under this
section.
(2) Payments to an adoptive parent under division (B) of
this section shall
include medical, surgical, psychiatric,
psychological, and
counseling expenses, and may include
maintenance costs if
necessary and other costs incidental to the
care of the child.
No payment of maintenance costs shall be made
under division
(B) of this section on behalf of
a child if either
of the following apply:
(a)(f) The gross income of the adoptive parent's family
exceeds
does not exceed one hundred twenty per cent of the median income of a family of
the
same size, including the child, as most recently determined
for this
state by the secretary of health and human services under
Title
XX of the "Social Security Act," 88 Stat. 2337, 42 U.S.C.A.
1397,
as amended;.
(b)(g) The child is not eligible for adoption
assistance payments
for maintenance costs under Title IV-E of the
"Social Security
Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as
amended.
(2) State adoption maintenance subsidy payment agreements must be made by either the public children services agency that has permanent custody of the child or the public children services agency of the county in which the private child placing agency that has permanent custody of the child is located.
(3) State adoption maintenance subsidy payments shall be made in accordance with the agreement between the public children services agency and the adoptive parent and are subject to an annual redetermination of need.
(4) Payments under this division (B) of this section may begin either
before or
after issuance of the final adoption decree, except that
payments
made before issuance of the final adoption decree may be
made
only while the child is living in the adoptive parent's home.
Preadoption payments may be made for not more than twelve months,
unless the
final adoption decree is not issued within that time
because of a
delay in court proceedings. Payments that begin
before issuance
of the final adoption decree may continue after
its issuance.
(C)(1) If, after the child's adoption is finalized, a public children services agency considers a
child
residing in the county served by the agency
to be in need of
public care or protective services and both of the
following
apply, the agency may,
and to the extent state funds are
appropriated for this purpose shall, enter
into an agreement with
the child's adoptive parent
after the child is adopted
under which
the agency shall make post adoption special services subsidy payments on behalf of the child as
needed when both of the following apply:
(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; or
(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; except that a public children services agency may waive this requirement if the gross annual income of the child's adoptive family is not more than two hundred per cent of the federal poverty guideline.
(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 beyond the end of the school year during which the person attains the age of eighteen or on behalf of a mentally or physically handicapped person 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)(1) of this section shall be conducted in accordance with rules adopted by the department of job and family services under section 111.15 of the Revised Code and the training and programs described in divisions (A)(2) and (3) of this section shall be conducted in accordance with rules adopted under Chapter 119. 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. 5301.68. An owner of land
may grant a conservation
easement to the
department of natural resources, a park district
created under Chapter 1545.
of the Revised Code, a township
park
district created under section 511.18 of
the Revised Code, a
conservancy district created under Chapter 6101. of the
Revised
Code, a soil and water conservation district created under Chapter
1515. of the Revised Code, a county, a township, a municipal
corporation, or a
charitable organization that is authorized to
hold conservation easements by
division (B) of section 5301.69 of
the Revised Code, in the form of
articles
of dedication, easement,
covenant, restriction, or condition. An owner of
land also may
grant an agricultural easement to the director of
agriculture;
to
a municipal corporation, county,
or township, or soil and water
conservation district; or to a charitable
organization described
in division
(B) of section 5301.69 of the
Revised Code. An owner
of land may grant an
agricultural easement
only 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 granted.
All conservation easements and agricultural easements shall
be executed
and recorded in the same manner
as other instruments
conveying interests in land.
Sec. 5301.691. (A)(1) Subject to
divisions (A)(2) and (E)(F)
of this section, the director of
agriculture, with moneys credited
to the agricultural easement
purchase fund created in section
901.21 of the Revised Code, may purchase
agricultural easements in
the name of the state.
(2) Not less than thirty days prior to the acquisition of
an
agricultural easement under division
(A)(1) of this section or the
extinguishment of such an easement purchased under that
division,
the director shall provide written notice of the intention to do
so
to the board of county commissioners of the county in which the
land that is
or is proposed to be subject to the easement or
extinguishment
is located, and either to the legislative authority
of the
municipal corporation in which the land is located, if it
is
located in an incorporated area, or to the board of township
trustees of the township in which the land is located, if it is
located in an unincorporated area. If, within thirty days after
the director provides the notice, the board of county
commissioners, legislative authority, or board of township
trustees requests an informational meeting with the director
regarding the proposed acquisition or extinguishment, the
director
shall meet with the legislative authority or board
to respond to
the board's or authority's questions and concerns. If a meeting
is timely requested under division
(A)(2) of this section, the
director shall not undertake the proposed acquisition or
extinguishment until after the meeting has been
concluded.
The director, upon the director's own initiative and prior
to
the purchase of an agricultural easement under
division (A)(1) of
this section
or the extinguishment of such an easement, may hold
an informational meeting
with the board of
county commissioners
and the legislative authority of the
municipal corporation or
board of township trustees in which
land that would be affected by
the proposed
acquisition or extinguishment is located, to respond
to any questions and
concerns of the board or authority regarding
the
proposed acquisition or extinguishment.
(B)(1) Subject to division (E)(F) of this section, the
legislative authority
of a municipal corporation, board of county
commissioners of a
county, or board of trustees of a township,
with moneys in the
political subdivision's general fund not
required by law or
charter to be used for other specified purposes
or with moneys in a special
fund of the political subdivision to
be used for the purchase of agricultural
easements, may purchase
agricultural easements in the name of the municipal
corporation,
county, or township.
(2) Subject to division (E)(F) of this section, the legislative
authority of a municipal corporation, board of county
commissioners of a county, or board of township trustees of a
township may acquire agricultural easements by
gift, devise, or
bequest. 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.
(C)(1) Subject to division (F) of this section, the board of
supervisors of a soil and water conservation district, with moneys
in any fund not required by law to be used for other specified
purposes or with moneys provided to the board through matching
grants made under section 901.22 of the Revised Code for the
purchase of agricultural easements, may purchase agricultural
easements in the name of the board.
(2) Subject to division (F) of this section, the board of
supervisors of a soil and water conservation district may acquire
agricultural easements by gift, devise, or bequest. 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.
(D)(1) The term of an agricultural
easement purchased
wholly
or in part with money from the agricultural easement purchase fund
shall be perpetual and shall run with the land.
(2) The term of an agricultural easement purchased by such a the
legislative authority of a municipal corporation, board of
county commissioners of a county, board of township trustees of a
township, or board of supervisors of a soil and water conservation district without
the use of any money from
the agricultural easement purchase fund may be
perpetual or for
a
specified period. The agricultural easement shall run with the
land. The
instrument conveying an
agricultural easement for a
specified period shall
include provisions specifying, at a
minimum, all of the following:
(a) The
consideration to be paid for the easement and manner
of payment;
(b) Whether the easement is renewable and, if so,
procedures
for its renewal;
(c) The circumstances under which the easement may be
extinguished;
(d) The method for determining the amount of
money, if any,
due the holder of the easement upon
extinguishment and for payment
of that amount to the
holder.
(D)(E)(1) The director and each
legislative authority of a
municipal corporation, board of county
commissioners, or board of
township trustees, or board of supervisors of a soil and water
conservation district, upon acquiring an agricultural
easement by
purchase, gift, devise, or bequest
under this section or section
901.21 of the
Revised
Code, shall name an appropriate
administrative officer, department, or division to supervise and
enforce the easement. A legislative authority or of a municipal corporation, board of county commissioners, or board of township trustees may enter
into a
contract
with the board of park commissioners of a park
district
established under Chapter 1545.
of the Revised
Code, the
board of park
commissioners of a township park district
established under
section 511.18 of the Revised
Code, or the board
of
supervisors of a soil and water conservation district
established under Chapter 1515. of the
Revised
Code having
territorial
jurisdiction within the municipal corporation, county,
or
township, or with a charitable organization described in
division (B) of section 5301.69
of the Revised
Code, to supervise
on behalf of
the legislative authority or board an agricultural
easement so acquired. A board of supervisors of a
soil and water conservation district may enter into a contract
with the board of park commissioners of a park district
established under Chapter 1545. of the Revised Code or the board
of park commissioners of a township park district established
under section 511.18 of the Revised Code having territorial
jurisdiction within the soil and water conservation district, or
with a charitable organization described in division (B) of
section 5301.69 of the Revised Code, to supervise on behalf of the
board an agricultural easement so acquired. The contract may be entered into on such
terms as are agreeable to the parties and shall specify or
prescribe a method for determining the amounts of any payments
to
be made by the legislative authority or, board of county
commissioners or, board of township trustees, or board of supervisors for the performance of the
contract.
(2) With respect to an agricultural easement purchased with
a matching grant that is made under division (D) of section 901.22
of the Revised Code and that consists in whole or in part of
moneys from the clean Ohio agricultural easement fund created in
section
901.21 of the
Revised Code, the recipient of the matching
grant
shall make an
annual monitoring visit to the land that is
the
subject of the
easement. The purpose of the visit is to
ensure
that no
development that is prohibited by the terms of the
easement has
occurred or is occurring. In accordance with rules
adopted under
division (A)(1)(d) of section 901.22 of the Revised
Code, the
grant recipient shall prepare a written annual
monitoring report
and submit it to the office of farmland
preservation in the
department of agriculture. If necessary to
enforce the terms of
the easement, the grant recipient shall take
corrective action in
accordance with those rules.
The director may
agree to share these monitoring and enforcement responsibilities
with the grant recipient.
(E)(F) The director; a municipal corporation, county, or
township, or soil and water conservation district;
or a charitable organization described in division (B)
of section
5301.69 of the Revised Code, may acquire agricultural
easements by purchase,
gift, devise, or
bequest only 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 granted.
(F)(G) An agricultural
easement acquired by the director under
division
(A) of this section may be extinguished
if an unexpected
change in the conditions of or
surrounding the land that is
subject to the easement makes
impossible or impractical the
continued use of the land for the
purposes described in the
agricultural easement, or if the
requirements of the easement are
extinguished by judicial
proceedings. Upon the sale, exchange, or
involuntary conversion
of the land subject to the easement, the
director shall be paid an amount of
money
that is at least equal
to the
proportionate value of the easement compared to the total
value
of the land at the time the easement was acquired. Moneys
so received shall be credited to the agricultural easement
purchase fund.
An agricultural easement acquired by a municipal
corporation,
county, or township under division
(B) of this section or by a soil and water conservation district under division (C) 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.
An agricultural easement
acquired by a charitable
organization described in division
(B) of
section 5301.69 of the
Revised
Code may be extinguished under
the
circumstances prescribed, and in accordance with the terms
and
conditions set forth, in the instrument conveying the
agricultural
easement.
Any instrument extinguishing an agricultural
easement
shall
be executed and
recorded in the same manner as other instruments
conveying or
terminating interests in real property.
(G)(H) Promptly after the
recording and indexing of an
instrument conveying an
agricultural easement to any person or to
a
municipal corporation, county, or township, or soil and water conservation district or of an instrument
extinguishing an agricultural easement held by any
person or such
a political subdivision, the county recorder shall
mail, by
regular mail, a photocopy of the instrument to the office of
farmland
preservation in the department of agriculture. The
photocopy shall be
accompanied by an invoice for the
applicable
fee established in section 317.32 of the
Revised Code. Promptly
after receiving
the photocopy and invoice, the office of farmland
preservation
shall remit the fee to the county
recorder.
(H)(I) The director, the legislative authority of a
municipal
corporation, a board of county commissioners, or a
board of
township trustees, or a board of supervisors of a soil and water conservation district may receive and expend grants from
any public or
private source for the purpose of purchasing
agricultural
easements and supervising and
enforcing them.
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. 5502.01. (A) The department of public safety shall
administer
and enforce the laws relating to the registration,
licensing, sale, and
operation of motor
vehicles and the laws
pertaining to the licensing of drivers of motor
vehicles.
The department shall compile, analyze, and publish statistics
relative to
motor vehicle accidents and the causes of them,
prepare
and conduct educational programs for the purpose of
promoting safety in the
operation of motor vehicles
on the
highways,
and
conduct research and studies
for the purpose of
promoting safety
on the highways of this state.
(B) The department shall administer the laws and rules
relative to trauma
and emergency medical
services specified in
Chapter 4765. of the Revised Code.
(C) The department shall administer and enforce the laws
contained in Chapters 4301. and 4303. of the Revised Code
and
enforce the rules and
orders
of the
liquor control commission
pertaining to retail liquor permit holders.
(D) The department shall administer the laws governing the
state
emergency management agency and shall enforce all additional
duties and
responsibilities as prescribed in the Revised Code
related
to emergency management services.
(E) The department shall conduct investigations pursuant to
Chapter 5101. of the Revised Code in support of the
duty of the
department of
job and family
services to administer food
stamp
programs
throughout this state. The
department of public
safety
shall
conduct investigations necessary to protect
the
state's
property
rights and interests in the food stamp program.
(F) The department of public safety shall enforce compliance
with
orders and rules of the public utilities commission and
applicable laws in
accordance with Chapters 4919., 4921., and
4923. of the Revised Code regarding
commercial motor vehicle
transportation safety, economic, and hazardous
materials
requirements.
(G) Notwithstanding Chapter 4117. of the Revised Code, the
department
of public safety may establish requirements for its
enforcement
personnel, including its enforcement agents described
in section
5502.14 of the Revised Code, that include standards of
conduct, work rules and
procedures, and criteria for
eligibility
as law enforcement personnel.
(H) The department shall administer, maintain, and operate
the Ohio
criminal justice network. The Ohio criminal justice
network
shall be a computer network that supports state and local
criminal justice activities. The network shall be an electronic
repository for various data, which may include arrest warrants,
notices of persons wanted by law enforcement agencies, criminal
records, prison inmate records, stolen vehicle records, vehicle
operator's licenses, and vehicle registrations and
titles.
(I) The department shall coordinate all homeland security activities of all state agencies and shall be a liaison between state agencies and local entities for those activities and related purposes.
(J) Beginning January 1, 2004, the department shall administer the laws and rules relative to private investigators and security guard providers specified in Chapter 4749. of the Revised Code.
(K) There is hereby created in the department of public safety the division of the state fire marshal, which shall administer and enforce Chapters 3731. and 3743. of the Revised Code and any other law conferring powers or imposing duties upon the state fire marshal.
Sec. 5502.03. (A) There is hereby created in the department of public safety a division of homeland security. It is the intent of the general assembly that the creation of the division of homeland security of the department of public safety by this amendment does not result in an increase of funding appropriated to the department.
(B)(1) The division shall coordinate all homeland security activities of all state agencies and shall be the liaison between state agencies and local entities for the purposes of communicating homeland security funding and policy initiatives.
(2) The division shall be in charge of the systems operations of the multi-agency radio communications system (MARCS) in accordance with any rules that the director of public safety may adopt. The director shall appoint a steering committee to advise the director in the operation of the MARCS, comprised of persons who represent the users of that system. The director or the director's designee shall chair the committee.
(C) The director of public safety shall appoint an executive director, who shall be head of the division of homeland security and who regularly shall advise the governor and the director on matters pertaining to homeland security. The executive director shall serve at the pleasure of the director of public safety. To carry out the duties assigned under this section, the executive director, subject to the direction and control of the director of public safety, may appoint and maintain necessary staff and may enter into any necessary agreements.
(D) Except as otherwise provided by law, nothing in this section shall be construed to give the director of public safety or the executive director of the division of homeland security authority over the incident management structure or responsibilities of local emergency response personnel.
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. 5549.21. The board of township trustees may purchase
or lease such machinery and tools as are necessary for use in
constructing, reconstructing, maintaining, and repairing roads
and culverts within the township, and shall provide suitable
places for housing and storing machinery and tools owned by the
township. It may purchase such material and employ such labor as
is necessary for carrying into effect this section, or it may
authorize the purchase or employment of such material and labor
by one of its number, or by the township highway superintendent,
at a price to be fixed by the board. All payments on account of
machinery, tools, material, and labor shall be made from the
township road fund. Except as otherwise provided in sections
505.08, 505.101, and 5513.01 of the Revised Code, all purchases
of materials, machinery, and tools shall, where if the amount
involved exceeds fifteen twenty-five thousand dollars, be made from the lowest
responsible bidder after advertisement, as provided in section
5575.01 of the Revised Code. Where
If, in compliance with section
505.10 of the Revised Code, the board wishes to sell machinery,
equipment, or tools owned by the township to the person from whom
it is to purchase other machinery, equipment, or tools, the board
may offer, where if the amount of the purchase alone involved does
not exceed fifteen twenty-five thousand dollars, to sell such machinery,
equipment, or tools and have the amount credited by the vendor
against the purchase of the other machinery, equipment, or tools.
Where If the purchase price of the other machinery, equipment, or
tools alone exceeds fifteen twenty-five thousand dollars, the board may give
notice to the competitive bidders of its willingness to accept
offers for the purchase of the old machinery, equipment, or
tools, and such those offers shall be subtracted from the selling price
of the other machinery, equipment, or tools as bid, in determining the lowest
responsible bidder. Notice of the willingness of the board to
accept offers for the purchase of the old machinery, equipment,
or tools shall be made as a part of the advertisement for bids.
Sec. 5703.052. (A) There is hereby created in the state
treasury
the tax refund fund, from which refunds shall be paid
for taxes
illegally or erroneously assessed or collected, or for
any other
reason overpaid, that are levied by Chapter 4301.,
4305., 5728.,
5729., 5733., 5735., 5739., 5741., 5743., 5747.,
5748., 5749., or
5753., and sections 3737.71, 3905.35, 3905.36,
4303.33, 5707.03,
5725.18, 5727.28, 5727.38,
5727.81, and 5727.811 of the
Revised
Code. Refunds for fees illegally or erroneously assessed or
collected, or for any other reason overpaid, that are levied by
sections 3734.90 to 3734.9014 of the Revised Code also shall be
paid from the fund. However, refunds for taxes levied under
section 5739.101 of the Revised Code shall not be paid from the
tax refund fund, but shall be paid as provided in section
5739.104
of the Revised Code.
(B)(1) Upon certification by the tax commissioner to the treasurer
of state of a tax refund, or fee refund, or tax credit due, or by
the
superintendent of insurance of a domestic or foreign
insurance tax
refund, the treasurer of state may shall place the amount
certified to
the credit of the fund. The certified amount
transferred shall be
derived from current receipts of the same
tax or the fee for from which
the refund arose or, in the case of a
tax credit refund, from the
current receipts of the taxes levied
by sections 5739.02 and
5741.02 of the Revised Code. If
If the tax refund arises from a tax payable to the general
revenue fund, and current receipts from that source the tax or fee from which the refund arose are
inadequate
to make the transfer of the amount so certified, the
treasurer of
state may shall transfer such certified amount from
current receipts of
the sales tax levied by section 5739.02 of
the Revised Code.
(2) When the treasurer of state provides for the payment of a refund of a tax or fee from the current receipts of the sales tax, and the refund is for a tax or fee that is not levied by the state, the tax commissioner shall recover the amount of that refund from the next distribution of that tax or fee that otherwise would be made to the taxing jurisdiction. If the amount to be recovered would exceed twenty-five per cent of the next distribution of that tax or fee, the commissioner may spread the recovery over more than one future distribution, taking into account the amount to be recovered and the amount of the anticipated future distributions. In no event may the commissioner spread the recovery over a period to exceed twenty-four months.
Sec. 5703.56. (A) As used in this section:
(1) "Sham transaction" means a transaction or series of transactions without economic substance because there is no business purpose or expectation of profit other than obtaining tax benefits.
(2) "Tax" includes any tax or fee administered by the tax commissioner.
(3) "Taxpayer" includes any entity subject to a tax.
(4) "Controlled group" means two or more persons related in such a way that one person directly or indirectly owns or controls the business operation of another member of the group. In the case of persons with stock or other equity, one person owns or controls another if it directly or indirectly owns more than fifty per cent of the other person's common stock with voting rights or other equity with voting rights.
(B) The tax commissioner may disregard any sham transaction in ascertaining any taxpayer's tax liability. Except as otherwise provided in the Revised Code, with respect to transactions between members of a controlled group, the taxpayer shall bear the burden of establishing by a preponderance of the evidence that a transaction or series of transactions between the taxpayer and one or more members of the controlled group was not a sham transaction. Except as otherwise provided in the Revised Code, for all other taxpayers, the tax commissioner shall bear the burden of establishing by a preponderance of the evidence that a transaction or series of transactions was a sham transaction.
(C) In administering any tax, the tax commissioner may apply the doctrines of "economic reality," "substance over form," and "step transaction."
(D) If the commissioner disregards a sham transaction under division (B) of this section, the applicable limitation period for assessing the tax, together with applicable penalties, charges, and interest, shall be extended for a period equal to the applicable limitation period. Nothing in this division shall be construed as extending an applicable limitation period for claiming any refund of a tax.
(E) The tax commissioner may, in accordance with Chapter 119. of the Revised Code, adopt rules that are necessary to administer this section, including rules establishing criteria for identifying sham transactions.
Sec. 5703.57. (A) As used in this section, "Ohio business gateway" has the same meaning as in section 718.051 of the Revised Code.
(B) There is hereby created the Ohio business gateway steering committee to direct the continuing development of the Ohio business gateway and to oversee its operations. The committee shall provide general oversight regarding operation of the Ohio business gateway and shall recommend to the department of administrative services enhancements that will improve the Ohio business gateway. The committee shall consider all banking, technological, administrative, and other issues associated with the Ohio business gateway and shall make recommendations regarding the type of reporting forms or other tax documents to be filed through the Ohio business gateway.
(C) The committee shall consist of:
(1) The following members, appointed by the governor with the advice and consent of the senate:
(a) Not more than two representatives of the business community;
(b) Not more than three representatives of municipal tax administrators; and
(c) Not more than two tax practitioners.
(2) The following ex officio members:
(a) The director or other highest officer of each state agency that has tax reporting forms or other tax documents filed with it through the Ohio business gateway or the director's designee;
(b) The secretary of state or the secretary of state's designee;
(c) The treasurer of state or the treasurer of state's designee;
(d) The director of budget and management or the director's designee;
(e) The director of administrative services or the director's designee; and
(f) The tax commissioner or the tax commissioner's designee.
An appointed member shall serve until the member resigns or is removed by the governor. Vacancies shall be filled in the same manner as original appointments.
(D) A vacancy on the committee does not impair the right of the other members to exercise all the functions of the committee. The presence of a majority of the members of the committee constitutes a quorum for the conduct of business of the committee. The concurrence of at least a majority of the members of the committee is necessary for any action to be taken by the committee. On request, each member of the committee shall be reimbursed for the actual and necessary expenses incurred in the discharge of the member's duties.
(E) The board is a part of the department of taxation for administrative purposes.
(F) Each year, the governor shall select a member of the committee to serve as chairperson. The chairperson shall appoint an official or employee of the department of taxation to act as the committee's secretary. The secretary shall keep minutes of the committee's meetings and a journal of all meetings, proceedings, findings, and determinations of the committee.
(G) The board shall hire professional, technical, and clerical staff needed to support its activities.
(H) The committee shall meet as often as necessary to perform its duties.
Sec. 5703.58. (A) As used in this section, "felony" has the same meaning as in section 109.511 of the Revised Code.
(B) For the purposes of enforcing all laws relating to taxes and fees that the tax commissioner is responsible for administering, the tax commissioner, by journal entry, may delegate any investigation powers of the commissioner to an employee of the department of taxation who has been certified by the executive director of the Ohio peace officer training commission. Each journal entry shall be a matter of public record and shall be kept in an administrative portion of the journal maintained under division (L) of section 5703.05 of the Revised Code. When that journal entry is completed, the employee to whom it pertains, while engaged within the scope of the employee's duties in enforcing the laws that the commissioner is responsible for administering, has the power of a police officer to carry concealed weapons, make arrests, and obtain warrants for violations of those laws. The commissioner, at any time, may suspend or revoke the commissioner's delegation by journal entry.
(C) The tax commissioner shall not delegate any investigation powers to an employee of the department of taxation under division (B) of this section if the employee has been convicted of or has pleaded guilty to a felony.
(D)(1) The tax commissioner shall revoke the delegation of investigation powers to an employee to whom the delegation was made under division (B) of this section if that employee does either of the following:
(a) Pleads guilty to a felony;
(b) Pleads guilty to a misdemeanor pursuant to a negotiated plea agreement, as provided in division (D) of section 2929.29 of the Revised Code, in which the employee agrees under section 109.77 of the Revised Code to surrender the certificate awarded to that employee.
(2) The tax commissioner shall suspend the delegation of investigation powers to an employee to whom the delegation was made under division (B) of this section if that employee is convicted, after trial, of a felony. If the employee files an appeal from that conviction and the conviction is upheld by the highest court to which the appeal is taken, or if the employee does not file a timely appeal, the commissioner shall revoke the delegation of investigation powers to that employee. If the employee files an appeal that results in that employee's acquittal of the felony or conviction of a misdemeanor, or in the dismissal of the felony charge against that employee, the commissioner shall reinstate the delegation of investigation powers to that employee. The revocation, suspension, or reinstatement of the delegation of investigation powers to an employee under division (D) of this section shall be made by journal entry pursuant to division (B) of this section. An employee to whom the delegation of investigation powers is reinstated under division (D)(2) of this section shall not receive any back pay for the exercise of those investigation powers, unless that employee's conviction of the felony was reversed on appeal, or the felony charge was dismissed, because the court found insufficient evidence to convict the employee of the felony.
(3) The revocation or suspension of the delegation of investigation powers to an employee under division (D) of this section shall be in accordance with Chapter 119. of the Revised Code.
(E) Divisions (C) and (D) of this section do not apply to an offense that was committed prior to January 1, 1997.
(F) Nothing in this section limits the tax commissioner's ability to have other employees of the department of taxation conduct investigations as authorized by sections 5703.17 and 5703.19 of the Revised Code.
(G) The department of taxation shall cooperate with the attorney general, local law enforcement officials, and appropriate agencies of the federal government and other states in the investigation and prosecution of violations of all laws relating to taxes and fees administered by the tax commissioner.
Sec. 5703.80. There is hereby created in the state treasury the property tax administration fund. All money to the credit of the fund shall be used to defray the costs incurred by the department of taxation in administering the taxation of property and the equalization of real property valuation.
Each fiscal year between the first and fifteenth days of July, the tax commissioner shall compute the following amounts for the property in each taxing district in each county, and certify to the director of budget and management the sum of those amounts for all taxing districts in all counties:
(A) Three-tenths of one per cent of the total amount by which taxes charged against real property on the general tax list of real and public utility property were reduced under section 319.302 of the Revised Code for the preceding tax year;
(B) Fifteen-hundredths of one per cent of the total amount of taxes charged and payable against public utility personal property on the general tax list of real and public utility property for the preceding tax year;
(C) Seventy-five hundredths of one per cent of the total amount of taxes charged and payable against tangible personal property on the general tax list of personal property of the preceding tax year and for which returns were filed with the tax commissioner under section 5711.13 of the Revised Code.
After receiving the tax commissioner's certification, the director of budget and management shall transfer from the general revenue fund to the property tax administration fund one-fourth of the amount certified on or before each of the following days: the first days of August, November, February, and May.
On or before the thirtieth day of June of the fiscal year, the tax commissioner shall certify to the director of budget and management the sum of the amounts by which the amounts computed for a taxing district under divisions (A), (B), and (C) of this section exceeded the distributions to the taxing district under division (F) of section 321.24 of the Revised Code, and the director shall transfer that sum from the property tax administration fund to the general revenue fund.
Sec. 5705.39. The total appropriations from each fund
shall not exceed the total of the estimated revenue available for
expenditure therefrom, as certified by the budget commission, or
in case of appeal, by the board of tax appeals. No appropriation
measure shall become effective until the county auditor files
with the appropriating authority and in the case of a school
district, also files with the superintendent of public
instruction, a certificate that the total appropriations from
each fund, taken together with all other outstanding
appropriations, do not exceed such official estimate or amended
official estimate. When the appropriation does not exceed such
official estimate, the county auditor shall give such certificate
forthwith upon receiving from the appropriating authority a
certified copy of the appropriation measure, a copy of which he
shall deliver to the superintendent of public instruction in the
case of a school district. Appropriations shall be made from
each fund only for the purposes for which such fund is
established.
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. 5705.412. (A) As used in this section, "qualifying
contract" means any agreement for the expenditure of money under which
aggregate payments from the funds
included in the school district's five-year forecast under section 5705.391
of the Revised Code will exceed the lesser of the following amounts:
(1) Five hundred thousand dollars;
(2) One per cent
of the total revenue to be credited in the current fiscal year to the
district's general
fund, as specified in the district's most recent certificate of estimated
resources
certified under section 5705.36 of the Revised Code.
(B) Notwithstanding section 5705.41 of the
Revised Code, no school district shall adopt any appropriation
measure, make any qualifying contract, or increase during any school year
any wage
or salary schedule unless there is attached thereto a certificate,
signed as required by this section, that the
school district has in effect
the authorization to levy taxes including the renewal or
replacement of existing levies which, when combined with the
estimated revenue from all other sources available to the
district at the time of certification, are sufficient to provide
the operating revenues necessary to enable the district to
maintain all personnel and programs for all the days set
forth in its adopted school calendars for the current fiscal year
and for a number of days in succeeding fiscal
years equal to
the number of days instruction was held or is scheduled for the
current fiscal year, as follows:
(1) A certificate attached to an
appropriation measure under this section shall cover only the
fiscal year in which the appropriation measure is effective and
shall not consider the renewal or replacement of an existing levy
as the authority to levy taxes that are subject to appropriation
in the current fiscal year unless the renewal or replacement levy
has been approved by the electors and is subject to appropriation
in the current fiscal year.
(2) A
certificate attached, in accordance with this
section, to any qualifying contract shall cover the term of the
contract.
(3) A certificate attached under this section to a wage or salary
schedule shall cover the term of the schedule.
If the board of education has not
adopted a school calendar for the school year beginning on the
first day of the fiscal year in which a certificate is required,
the certificate attached to an appropriation measure shall
include the number of days on which instruction was held in the
preceding fiscal year and other certificates required under this
section shall include that number of days for the fiscal year in
which the certificate is required and any succeeding fiscal
years that the certificate must cover.
The certificate shall be signed by the treasurer and president of the board
of education and the superintendent of the school district, unless the
district is in a state of fiscal emergency declared under Chapter
3316. of the Revised Code. In that case, the certificate shall be signed by a member of the
district's financial planning and supervision commission who is designated by
the commission for this purpose.
(C) Every qualifying contract made or
wage or salary schedule adopted or put into
effect without such a certificate shall be void, and no payment
of any amount due thereon shall be made.
(D) The department of education and
the auditor of state jointly shall adopt rules governing
the methods by which
treasurers, presidents of boards of education,
superintendents, and members of financial planning and supervision
commissions shall estimate revenue and determine whether
such revenue is sufficient to provide necessary operating
revenue for the purpose of making certifications required by
this section.
(E) The auditor of state
shall be responsible for determining whether school districts are
in compliance with this section.
At the time a school district is audited
pursuant to section 117.11 of the Revised Code, the auditor of state shall
review each
certificate issued under this section since the district's last audit, and the
appropriation measure, contract, or wage and salary schedule to
which
such certificate was attached. If the auditor of state determines that a
school district has
not complied with this section with respect to any qualifying contract or wage
or salary
schedule, the auditor of state shall notify the prosecuting attorney for the
county, the city director of law, or other chief law officer of the school
district. That officer may file a civil action in any court of appropriate
jurisdiction to seek a declaration that the contract or wage or salary
schedule is void, to recover for the school district from the payee the amount
of payments already made under it, or both, except that the officer shall not
seek to recover payments made under any collective bargaining agreement
entered into under Chapter 4117. of the Revised
Code. If the officer
does not file such
an action within one hundred twenty days after receiving notice of
noncompliance from the auditor of state, any taxpayer may institute the action
in the taxpayer's own name on behalf of the school district.
(F) This section does not apply to any contract or
increase in any wage or salary schedule that is necessary in
order to enable a board of education to comply with division (B)
of section 3317.13 of the Revised Code, provided the contract or increase does
not exceed the amount required to be paid
to be in compliance with such division.
(G) Any officer, employee, or other person who
expends or authorizes the expenditure of any public funds or
authorizes or executes any contract or
schedule
contrary to this section, expends or authorizes the
expenditure of any public funds on the void contract or
schedule, or issues a certificate under this section
which contains any false statements is liable to the school
district for the full amount paid from the district's funds on
the contract or schedule. The officer, employee, or
other person is jointly and severally liable in person and upon
any official bond that the officer, employee, or other person
has given to the school district to the
extent of any payments on the void claim, not to exceed
ten
thousand dollars. However, no officer, employee, or other person
shall be liable for a mistaken estimate of available resources
made in good faith and based upon reasonable grounds. If an officer,
employee, or other person is found to have complied with rules
jointly adopted by the department of education
and the auditor of state under this section governing
methods by which revenue shall be estimated and determined
sufficient to provide necessary operating revenue for the
purpose of making certifications required by this section, the
officer, employee, or other person shall not be liable under
this section if the estimates and determinations made according
to those rules do not, in fact, conform with actual
revenue. The
prosecuting attorney of the county, the city director of law, or
other chief law officer of the district shall enforce this
liability by civil action brought in any court of appropriate
jurisdiction in the name of and on behalf of the school district.
If the prosecuting attorney, city director of law, or other chief
law officer of the district fails, upon the written request of
any taxpayer, to institute action for the enforcement of the
liability, the attorney general, or the taxpayer in the taxpayer's own
name, may institute the
action on behalf of the subdivision.
(H) This section does not require the attachment of an
additional certificate beyond that required by section 5705.41 of
the Revised Code for current payrolls of,
or contracts of employment with, regular any employees or officers of the school district.
This section does not require the attachment of a
certificate to a temporary appropriation measure if all of the
following apply:
(1) The amount appropriated does not exceed twenty-five
per cent of the total amount from all sources available for
expenditure from any fund during the preceding fiscal year;
(2) The measure will not be in effect on or after the
thirtieth day following the earliest date on which the district
may pass an annual appropriation measure;
(3) An amended official certificate of estimated resources
for the current year, if required, has not been certified to the
board of education under division (B) of section 5705.36 of the
Revised Code.
Sec. 5709.20. As used in sections 5709.20 to 5709.27 of
the Revised Code:
(A) "Air contaminant" means particulate matter, dust,
fumes, gas, mist, smoke, vapor, or odorous substances, or any
combination thereof.
(B) "Air pollution control facility" means any property
designed, constructed, or installed for the primary purpose of
eliminating or reducing the emission of, or ground level
concentration of, air contaminants which generated at an industrial or commercial plant or site that renders air harmful or
inimical to the public health or to property within this state.
(C) "Energy conversion" means the conversion of fuel or power usage and consumption from natural gas to an alternate fuel or power source other than propane, butane, naphtha, or fuel oil; or the conversion of fuel or power usage and consumption from fuel oil to an alternate fuel or power source other than natural gas, propane, butane, or naphtha.
(D) "Energy conversion facility" means any additional property or equipment designed, constructed, or installed after December 31, 1974, for use at an industrial or commercial plant or site for the primary purpose of energy conversion.
(E) "Exempt facility" means any of the facilities defined in division (B), (D), (F), (I), (K), or (L) of this section for which an exempt facility certificate is issued pursuant to section 5709.21 or for which a certificate remains valid under section 5709.201 of the Revised Code.
(F) "Noise pollution control facility" means any property
designed, constructed, or installed in or on for use at an industrial or
commercial plant or site for the primary purpose of eliminating
or reducing, at that plant or site, the emission of sound which is harmful or inimical to
persons or property, or materially reduces the quality of the
environment, as shall be determined by the director of
environmental protection within such standards for noise
pollution control facilities and standards for environmental
noise necessary to protect public health and welfare as may be
promulgated by the United States environmental protection agency.
In the absence of such United States environmental protection
agency standards, the determination shall be made in accordance with
generally accepted current standards of good engineering practice
in environmental noise control.
Facilities (G) "Solid waste" means such unwanted residual solid or semi-solid material as results from industrial operations, including those of public utility companies, and commercial, distribution, research, agricultural, and community operations, including garbage, combustible or noncombustible, street dirt, and debris.
(H) "Solid waste energy conversion" means the conversion of solid waste into energy and the utilization of such energy for some useful purpose.
(I) "Solid waste energy conversion facility" means any property or equipment designed, constructed, or installed after December 31, 1974, for use at an industrial or a commercial plant or site for the primary purpose of solid waste energy conversion.
(J) "Thermal efficiency improvement" means the recovery and use of waste heat or waste steam produced incidental to electric power generation, industrial process heat generation, lighting, refrigeration, or space heating.
(K) "Thermal efficiency improvement facility" means any property or equipment designed, constructed, or installed after December 31, 1974, for use at an industrial or a commercial plant or site for the primary purpose of thermal efficiency improvement.
(L) "Industrial water pollution control facility" means any property designed, constructed, or installed for the primary purpose of collecting or conducting industrial waste to a point of disposal or treatment; reducing, controlling, or eliminating water pollution caused by industrial waste; or reducing, controlling, or eliminating the discharge into a disposal system of industrial waste or what would be industrial waste if discharged into the waters of this state. This division applies only to property related to a facility placed into operation or initially capable of operation after December 31, 1965, and installed pursuant to the approval of the environmental protection agency or any other governmental agency having authority to approve the installation of industrial water pollution control facilities. The definitions in section 6111.01 of the Revised Code, as applicable, apply to the terms used in this division.
(M) Property designed, constructed, installed, used, or
placed in operation solely primarily for the safety, health, protection, or
benefit, or any combination thereof, of personnel, or by of a
business solely for its, or primarily for a business's own benefit, are not pollution control
facilities is not an "exempt facility."
Sec. 5709.201. (A) Except as provided in divisions (C)(4)(a) and (c) of section 5709.22 and division (F) of section 5709.25 of the Revised Code, a certificate issued under section 5709.21, 5709.31, 5709.46, or 6111.31 of the Revised Code that was valid and in effect on the effective date of this section shall continue in effect subject to the law as it existed before that effective date. Division (C)(4)(b) of section 5709.22 of the Revised Code does not apply to any certificate issued by the tax commissioner before July 1, 2003.
(B) Any applications pending on the effective date of this section for which a certificate had not been issued on or before that effective date under section 6111.31 of the Revised Code shall be transferred to the tax commissioner for further administering. Sections 5709.20 to 5709.27 of the Revised Code apply to such pending applications, excluding the requirement of section 5709.212 of the Revised Code that applicants must pay the fee.
(C) For applications pending on the effective date of this section, division (D) of section 5709.25 of the Revised Code applies only to tax periods that would otherwise be open to assessment on that effective date.
Sec. 5709.21. (A) As used in this section:
(1) "Exclusive property" means property that is installed, used, and necessary for the operation of an exempt facility, and that is not auxiliary property unless the auxiliary property exempt cost equals or exceeds eighty-five per cent of the total cost of the property.
(2) "Auxiliary property" means property installed, used, and necessary for the operation of an exempt facility that is also used in other operations of the business other than an exempt facility purpose described in section 5709.20 of the Revised Code. "Auxiliary property" does not include property if the auxiliary property exempt cost of such property is less than or equal to fifteen per cent of the total cost of such property.
(3) "Auxiliary property exempt cost" means the cost of auxiliary property calculated as follows:
(a) If the auxiliary property is used for an exempt facility purpose for discrete periods of time, the exempt cost shall be determined by the ratio of time the auxiliary property is in use in such exempt capacity to the total time it is in use. Division (A)(3)(a) of this section does not apply if the property is concurrently used for an exempt facility purpose and a nonexempt facility purpose.
(b) The applicant has the burden of proving the exempt cost of all auxiliary property not described in division (A)(3)(a) of this section.
(c) Any cost related to an expansion of the commercial or industrial site that is not related to the operation of the exempt facility shall not be included as an auxiliary exempt cost under division (A)(3) of this section.
(B) Application for an air or noise pollution
control exempt facility certificate shall be filed with the tax commissioner in
such manner and in such form as may be prescribed by regulations
issued by the tax commissioner and. The application shall contain plans and
specifications of the structure or structures property, including all
materials incorporated and or to be incorporated therein and their associated costs, and a
descriptive list of all equipment acquired or to be acquired by
the applicant for the purpose of air or noise pollution control exempt facility and its associated cost.
If the commissioner, after obtaining the opinion of the director
of environmental protection, finds that the proposed facility property was
designed primarily for the control of air or noise pollution as
defined in section 5709.20 of the Revised Code, as an exempt facility and is suitable
and reasonably adequate for such purpose and is intended for such
purpose, he the commissioner shall enter a finding and issue a
certificate to that effect. Said certificate shall permit tax exemption
pursuant to
section 5709.25 of the Revised Code only for that portion of such
pollution control facility or that part used exclusively for air
or noise pollution control. The effective date of said
the certificate shall be the date of the making of the application
was made for such certificate or the date of the construction of the
facility, whichever is earlier; provided, that if such
application relates to facilities placed in operation or capable
of operation prior to October 2, 1969, the effective date of the
certificate shall be the date of the application.
Nothing in this section shall be construed to extend the time period to file, to keep the time period to file open, or supersede the requirement of filing a tax refund or other tax reduction request in the manner and within the time prescribed by law.
(C)(1) Except as provided in division (C)(2) of this section, the certificate shall permit tax exemption pursuant to section 5709.25 of the Revised Code only for that portion of such exempt facility that is exclusive property used for a purpose enumerated in section 5709.20 of the Revised Code.
(2) Auxiliary property shall be permitted a partial tax exemption under section 5709.25 of the Revised Code, but only to the extent allowed pursuant to division (A)(3) of this section.
(D) The tax commissioner may allow an applicant to file one application that applies to more than one exempt facility that are the same or substantially similar, so long as such facilities are located within the same county.
Sec. 5709.211. (A) Before issuing an exempt facility certificate pursuant to section 5709.21 of the Revised Code, the tax commissioner shall provide a copy of a properly completed application to, and obtain the opinion of, the director of environmental protection in the case of an exempt facility described in division (B), (F), or (L) of section 5709.20 of the Revised Code, or provide a copy of the application to, and obtain the opinion of, the director of development in the case of an application for an exempt facility described in division (D), (I), or (K) of section 5709.20 of the Revised Code. The opinion shall provide the commissioner with a recommendation of whether the property is primarily designed, constructed, installed, and used as an exempt facility. The applicant shall provide additional information upon request by the tax commissioner, the director of environmental protection, or the director of development, and allow them to inspect the property listed in the application for the purposes of sections 5709.20 to 5709.27 of the Revised Code. The tax commissioner shall provide to the applicant a copy of the opinion issued by either the director of environmental protection or the director of the department of development.
(B) The opinions of the director of the environmental protection agency and the director of development under division (A) of this section or division (C)(4) of section 5709.22 of the Revised Code are not final actions or orders subject to appeal.
Sec. 5709.212. (A) With every application for an exempt facility certificate filed pursuant to section 5709.21 of the Revised Code, the applicant shall pay a fee equal to one-half of one per cent of the total exempt facility project cost, not to exceed two thousand dollars. One-half of the fee received with applications for exempt facility certificates shall be credited to the exempt facility administrative fund, which is hereby created in the state treasury, for appropriation to the department of taxation for use in administering sections 5709.20 to 5709.27 of the Revised Code. If the director of environmental protection is required to provide the opinion for an application, one-half of the fee shall be credited to the clean air fund created in section 3704.035 of the Revised Code for use in administering section 5709.211 of the Revised Code, unless the application is for an industrial water pollution control facility. If the application is for an industrial water pollution control facility, one-half of the fee shall be credited to the surface water protection fund created in section 6111.038 of the Revised Code for use in administering section 5709.211 of the Revised Code. If the director of development is required to provide the opinion for an application, one-half of the fee for each exempt facility application shall be credited to the exempt facility inspection fund, which is hereby created in the state treasury, for appropriation to the department of development for use in administering section 5709.211 of the Revised Code.
An applicant is not entitled to any tax exemption under section 5709.25 of the Revised Code until the fee required by this section is paid. The fee required by this section is not refundable, and is due with the application for an exempt facility certificate even if an exempt facility certificate ultimately is not issued or is withdrawn. Any application submitted without payment of the fee shall be deemed incomplete until the fee is paid.
(B) The application fee imposed under division (A) of this section for a jointly owned facility shall be equal to one-half of one per cent of the total exempt facility project cost, not to exceed two thousand dollars for each facility that is the subject of the application.
Sec. 5709.22. Before issuing any certificate the tax
commissioner shall give notice in writing by mail to the auditor
of the county in which such facilities are located, and shall
afford to the applicant and to the auditor an opportunity for a
hearing. On like notice to the applicant and opportunity for a
hearing, the commissioner shall on his (A) After receiving an opinion from the director of environmental protection or the director of development, the tax commissioner shall promptly ascertain if an application filed under section 5709.21 of the Revised Code shall be allowed or disallowed in whole or in part. The commissioner shall give written notice of the proposed finding to the applicant and the county auditor of the county in which the facility described in the application is located. Within sixty days after sending written notice of the proposed finding, the applicant or the county auditor may file a request for reconsideration, in writing, to the commissioner and may request that the commissioner conduct a hearing on the application. If no request for reconsideration is filed, the commissioner's proposed findings shall be final and, if applicable, the commissioner shall issue an exempt facility certificate, which shall not be subject to appeal pursuant to section 5717.02 of the Revised Code.
(B) If a reconsideration of the tax commissioner's proposed finding is requested by the applicant or the county auditor, the commissioner shall notify the applicant and the auditor of the time and place of the hearing, which the commissioner may continue from time to time as the commissioner finds necessary. The commissioner also shall notify the environmental protection agency or department of development, as applicable, of the hearing. The environmental protection agency or the department of development shall participate in the hearing if requested in writing by the commissioner, the applicant, or the county auditor. After conducting the hearing, the commissioner shall issue a final determination, with a copy of it served on the applicant and applicable county auditors in the manner prescribed by section 5703.37 of the Revised Code. The final determination is subject to appeal pursuant to section 5717.02 of the Revised Code. Once all appeals are exhausted, the commissioner shall issue, if applicable, the exempt facility certificate based on the outcome of the appeal.
(C) The tax commissioner, on the commissioner's own
initiative or on
complaint by the county auditor of the any county in which any
property to which such air or noise pollution control the exempt facility certificate
relates is located, shall revoke such air or noise pollution control
certificate whenever any of the following appears the certificate, or modify it by restricting its operation, if it appears to the commissioner that any of the following has occurred:
(A)(1) The certificate was obtained by fraud or
misrepresentation;
(B)(2) The holder of the certificate has failed substantially
to proceed with the construction, reconstruction, installation,
or acquisition of air or noise pollution control facilities an exempt facility;
(C)(3) The structure or equipment or both property to which the
certificate relates has ceased to be used for the primary purpose
of pollution control and is being used for a different purpose.
Provided, that where the circumstances so require, the
commissioner in lieu of revoking such certificate may modify the
same by restricting its operations as an exempt facility;
(4) The tax commissioner issued the certificate in error. As used in this section, "error" means any of the following:
(a) A clerical or mathematical mistake;
(b) When the commissioner agrees with an opinion from the director of environmental protection or the director of development that a certificate should not have been issued;
(c) When the tax commissioner determines that the issuance of the certificate may have been improper as the result of a final adjudication by the board of tax appeals, or by a court with jurisdiction on appeal from that board, that is adverse to the original exempt status of the facility, regardless of whether the holder of the certificate was a party to such adjudication.
(D) If the revocation or modification of a certificate under division (C)(4) of this section is an action found to be frivolous for the purposes of section 5703.54 of the Revised Code the certificate holder may claim damages as provided under division (B) of that section.
On the mailing of notice of the action of the commissioner
revoking or modifying an air or noise pollution control
certificate as provided in section 5709.23 of the Revised Code,
such (E) Upon service of notice certificate to the holder of an exempt facility certificate, in the manner provided in section 5703.37 of the Revised Code, of the tax commissioner's revocation or modification of the certificate under division (C) of this section, the certificate shall cease to be in force or shall remain in
force only as modified, as the case may require. The notice is subject to appeal under section 5717.02 of the Revised Code. Once all appeals are exhausted, the commissioner shall issue a modified certificate, if applicable, and the holder of the certificate shall be allowed to claim a refund within one hundred eighty days, notwithstanding any other time limitation provided by law of the taxes paid as a result of the certificate being revoked or modified.
Sec. 5709.23. (A) As soon as is practicable after receiving an application for an exempt facility certificate, the tax commissioner shall provide a copy of the application and any accompanying documentation to the county auditor of the county in which the facility is located. The copy shall be accompanied by a statement showing an estimate of what the assessed value of the facility would be, based on the appropriate assessment percentage, if the facility were to be taxable, and an estimate of the taxes that would be chargeable against the facility computed on the basis of the rate of taxation in the taxing district in the year in which the application is received. Within sixty days after receiving such a statement, the county auditor shall issue a notice to the taxing authority of each taxing unit in which the facility is or is to be located. The notice shall state that an application for an exempt facility certificate has been filed for the facility; the estimated assessed value of the facility shown on the statement; the annual amount of taxes that would be charged and payable on that value at the current rate of taxation in effect in the taxing unit; and that, if approved, the application entitles the facility to exemption from taxation and the taxing unit may be required to refund any taxes on the facility accruing after the certificate becomes effective. The tax commissioner shall issue an amended statement if, after the original statement is issued, the estimate of such assessed value increases or decreases by more than ten per cent of the estimated value shown on the most recently issued statement or amended statement, and the county auditor shall issue an amended notice reflecting such change.
(B) Upon request by the county auditor of the county in which the exempt facility described in the application is located, the tax commissioner shall provide the county auditor with any documents submitted with the opinion of the director of environmental protection or director of development, including a copy of opinion.
(C) Any documents, statements, and notices provided for under this section are solely for the purpose of notifying taxing authorities of the existence of an exempt facility application and the potential for a refund of taxes paid on an exempt facility before a tax exemption certificate is issued. Such documents, statements, and notices do not constitute an assessment that is subject to a petition for reassessment nor are such documents, statements, and notices appealable under section 5717.02 of the Revised Code by any person.
(D) The documents, statements, and notices provided by the tax commissioner under this section are subject to all applicable confidentiality provisions of law.
Sec. 5709.24. The tax commissioner may adopt rules to administer sections 5709.20 to 5709.27 of the Revised Code.
Sec. 5709.25. (A) Whenever an air or noise pollution
control exempt facility certificate is issued on a pollution control facility,
the transfer of tangible personal property to the holder of the
certificate, whether such transfer takes place before or after
the issuance of the certificate, shall not be considered a "sale"
of such tangible personal property for the purpose of the sales
tax, or a "use" for the purpose of the use tax, if the tangible
personal property is to be or was a material or part to be
incorporated into an air or noise pollution control exempt facility as
defined in section 5709.20 of the Revised Code.
(B) For the period subsequent to the effective date of an
air or noise pollution control exempt facility certificate and continuing for so long
as the certificate is in force, no pollution control exempt facility or
certified portion thereof shall be considered to be either of the following:
(1) An improvement on the land on which the same exempt facility is
located for the purpose of real property taxation;
(2) As "used in business" for the purpose of personal
property taxation;
(3) As an asset of any corporation in determining the
value of its issued and outstanding shares or the value of the
property owned and used by it in this state for the purpose of
the franchise tax.
(C)(1) The tax commissioner, upon receiving a properly completed application for an exempt facility certificate, may allow the applicant to claim the exemption provided by this section before the commissioner issues the certificate. The applicant is entitled to the exemption unless the commissioner notifies the applicant otherwise by serving notice upon the applicant in the manner prescribed by section 5703.37 of the Revised Code.
(2) A taxpayer whose tangible personal property is subject to taxation under Chapter 5727. of the Revised Code shall notify the commissioner in writing of any property the applicant does not want the commissioner to exclude from assessment. The notice shall be provided before the date the commissioner issues the preliminary assessment under section 5727.23 of the Revised Code.
(D)(1) Notwithstanding any other time limitations imposed by law, the commissioner may assess any additional tax or may assess any additional taxable property, including any applicable interest, on the denied portion of the applicant's claim for an exempt facility that the applicant claimed prior to the exempt facility certificate being issued or the application being denied. No assessment shall be made pursuant to this division after one hundred eighty days from the date the commissioner mails the exempt facility certificate or notice of the denial of the exempt facility certificate pursuant to section 5709.22 of the Revised Code. Nothing in this section shall prohibit an assessment that otherwise may be timely made by law.
(2) Assessments issued pursuant to division (D)(1) of this section shall be issued as amended preliminary assessment certificates under section 5711.31 of the Revised Code for personal property tax, as amended preliminary assessment certificates under section 5727.23 of the Revised Code for public utility tax, and as assessments under section 5733.11 of the Revised Code for corporation franchise tax, section 5739.13 of the Revised Code for sales tax, and section 5741.11 of the Revised Code for use tax, and are subject to the same appeal requirements as defined in those sections.
(3) Nothing in division (D) of this section allows the tax commissioner, after the expiration of the time limitation, to issue an assessment referenced in division (D)(2) of this section that increases any tax beyond the amount claimed by the applicant as an exempt facility.
(4) If an assessment is issued for only the denied portion of the application for an exempt facility, the only issue the applicant is permitted to raise on appeal of the assessment referenced in division (D)(2) of this section is that of the taxable property or transaction constituting the denied portion of the applicant's claim for an exempt facility.
(E) Except as otherwise provided in this division, no exemption for additional property shall be claimed under this section after an exempt facility certificate has been issued for that facility unless the applicant files a new application under section 5709.21 of the Revised Code. The tax commissioner shall waive the requirement to file a new application under section 5709.21 of the Revised Code if the cost of the additional property, net of retirements for similar property, does not exceed five hundred thousand dollars during any calendar year. The fee imposed under section 5709.212 of the Revised Code for applications filed as a result of this division shall be five hundred dollars.
(F) If, as the result of a revaluation due to sale or bankruptcy or any other reason, the book value of property that is the subject of an exempt facility certificate is changed from the book value at the time of the original issuance of the certificate, the amount of exemption available to the owner is limited to the percentage resulting from the ratio of the historical cost of the property that is the subject of the exempt facility certificate to the historic cost of all tangible personal property and real property of the owner located at the same location as the property subject to the exempt facility certificate. If the result of using this ratio is greater than the original cost, then acceptable reasons for allowing such greater cost must be established with supporting documentation in order to qualify for the exemption above the original cost.
(G) After two years from the date the tax commissioner receives an application, the applicant may request in writing that the tax commissioner take final action on the pending application. Within ten days after receiving such a request, the tax commissioner shall issue a proposed finding, under section 5709.22 of the Revised Code, if the application is allowed in whole or in part. Otherwise, the tax commissioner shall issue a final determination denying the issuance of the certificate, which is a final determination appealable under section 5717.02 of the Revised Code.
Sec. 5709.26. When an air or noise pollution control exempt facility certificate is revoked
because obtained by fraud or misrepresentation or modified for the reason stated in division (C)(1) of section 5709.22 of the Revised Code, all taxes which that would have
been
payable had no certificate been issued shall be assessed with maximum
penalties
and interest prescribed by law applicable thereto dating to when the exemption was first allowed. Notwithstanding any other time limitations imposed by law, if the certificate is revoked or modified under division (C)(2), (3), or (4) of section 5709.22 of the Revised Code, all taxes that would have been payable had no certificate existed as of the first day of January of the calendar year in which the certificate was revoked or modified are subject to assessment.
Sec. 5709.27. In the event of the sale, lease, or other transfer of an air or
noise pollution control exempt facility, not involving a different location or use,
the holder of an air or noise pollution control the exempt facility certificate for such facility
may shall transfer the certificate by written instrument to the person who, except
for the transfer of the certificate, would be obligated to pay taxes on such
the facility. The transferee shall become the holder of the certificate and shall
have all the rights to exemption from taxes which were granted to the former
holder or holders, effective as of the date of transfer of the facility or the
date of transfer of the certificate, whichever is earlier. The transferee
shall promptly give written notice of the effective date of the transfer, together with
a copy of the instrument of transfer, to the tax commissioner and the county
auditor of the county in which the facility is located. Upon request, the commissioner may provide the transferee with any information the commissioner possesses related to the issuance of the exempt facility certificate.
Sec. 5709.61. As used in sections 5709.61 to 5709.69 of
the
Revised Code:
(A) "Enterprise zone" or "zone" means any of the
following:
(1) An area with a single continuous boundary designated
in
the manner set forth in section 5709.62 or 5709.63 of the
Revised
Code and certified by the director of development as
having a
population of at least four thousand according to the
best and
most recent data available to the director and having at
least two
of the following characteristics:
(a) It is located in a municipal corporation defined by
the
United States office of management and budget as a central
city of
a metropolitan statistical area or in a city designated as an urban cluster in a rural statistical area;
(b) It is located in a county designated as being in the
"Appalachian region" under the "Appalachian Regional Development
Act of 1965," 79 Stat. 5, 40 App. U.S.C.A. 403, as amended;
(c) Its average rate of unemployment, during the most
recent
twelve-month period for which data are available, is equal
to at
least one hundred twenty-five per cent of the average rate
of
unemployment for the state of Ohio for the same period;
(d) There is a prevalence of commercial or industrial
structures in the area that are vacant or demolished, or are
vacant and the taxes charged thereon are delinquent, and
certification of the area as an enterprise zone would likely
result in the reduction of the rate of vacant or demolished
structures or the rate of tax delinquency in the area;
(e) The population of all census tracts in the area,
according to the federal census of 1990, decreased by at least
ten
per cent between the years 1970 and 1990;
(f) At least fifty-one per cent of the residents of the
area
have incomes of less than eighty per cent of the median
income of
residents of the municipal corporation or municipal
corporations
in which the area is located, as determined in the
same manner
specified under section 119(b) of the "Housing and
Community
Development Act of 1974," 88 Stat. 633, 42 U.S.C. 5318,
as
amended;
(g) The area contains structures previously used for
industrial purposes, but currently not so used due to age,
obsolescence, deterioration, relocation of the former occupant's
operations, or cessation of operations resulting from unfavorable
economic conditions either generally or in a specific economic
sector;
(h) It is located within one or more adjacent city,
local,
or exempted village school districts, the income-weighted
tax
capacity of each of which is less than seventy per cent of
the
average of the income-weighted tax capacity of all city,
local, or
exempted village school districts in the state
according to the
most recent data available to the director from
the department of
taxation.
The director of development shall adopt rules in accordance
with Chapter 119. of the Revised Code establishing conditions
constituting the characteristics described in divisions
(A)(1)(d),
(g), and (h) of this section.
If an area could not be certified as an enterprise zone
unless it satisfied division (A)(1)(g) of this section, the
legislative authority may enter into agreements in that zone
under
section 5709.62, 5709.63, or 5709.632 of the Revised Code
only if
such agreements result in the development of the
facilities
described in that division, the parcel of land on
which such
facilities are situated, or adjacent parcels. The
director of
development annually shall review all agreements in
such zones to
determine whether the agreements have resulted in
such
development; if the director determines that the agreements
have
not resulted in such development, the director immediately
shall
revoke certification of the zone and notify the legislative
authority of such revocation. Any agreements entered into prior
to revocation under this paragraph shall continue in effect for
the period provided in the agreement.
(2) An area with a single continuous boundary designated
in
the manner set forth in section 5709.63 of the Revised Code
and
certified by the director of development as:
(a) Being located within a county that contains a
population
of three hundred thousand or less;
(b) Having a population of at least one thousand according
to the best and most recent data available to the director;
(c) Having at least two of the characteristics described
in
divisions (A)(1)(b) to (h) of this section.
(3) An area with a single continuous boundary designated
in
the manner set forth under division (A)(1) of section 5709.632
of
the Revised Code and certified by the director of development
as
having a population of at least four thousand, or under
division
(A)(2) of that section and certified as having a
population of at
least one thousand, according to the best and
most recent data
available to the director.
(B) "Enterprise" means any form of business organization
including, but not limited to, any partnership, sole
proprietorship, or corporation, including an S corporation as
defined in section 1361 of the Internal Revenue Code and any
corporation that is majority work-owned either directly through
the ownership of stock or indirectly through participation in an
employee stock ownership plan.
(C) "Facility" means an enterprise's place of business in
a
zone, including land, buildings, machinery, equipment, and
other
materials, except inventory, used in business. "Facility"
includes land, buildings, machinery, production and station
equipment,
other equipment, and other materials, except inventory,
used in business to
generate electricity, provided that, for
purposes of sections
5709.61 to 5709.69 of the Revised Code, the
value of the
property
at such a facility shall be reduced by the
value, if any, that is
not apportioned under section 5727.15 of
the Revised Code to
the taxing district in which the facility is
physically located. In the case of such a facility that is
physically located in two adjacent taxing districts, the property
located in
each taxing district constitutes a separate facility.
"Facility" does not include any portion of an enterprise's
place
of business
used primarily for making retail sales, unless
the place of
business is located in an impacted city as defined in
section
1728.01 of the Revised Code.
(D) "Vacant facility" means a facility that has been
vacant
for at least ninety days immediately preceding the date on
which
an agreement is entered into under section 5709.62 or 5709.63 of
the Revised Code.
(E) "Expand" means to make expenditures to add land,
buildings, machinery, equipment, or other materials, except
inventory, to a facility that equal at least ten per cent of the
market value of the facility prior to such expenditures, as
determined for the purposes of local property taxation.
(F) "Renovate" means to make expenditures to alter or
repair
a facility that equal at least fifty per cent of the
market value
of the facility prior to such expenditures, as
determined for the
purposes of local property taxation.
(G) "Occupy" means to make expenditures to alter or repair
a
vacant facility equal to at least twenty per cent of the market
value of the facility prior to such expenditures, as determined
for the purposes of local property taxation.
(H) "Project site" means all or any part of a facility
that
is newly constructed, expanded, renovated, or occupied by an
enterprise.
(I) "Project" means any undertaking by an enterprise to
establish a facility or to improve a project site by expansion,
renovation, or occupancy.
(J) "Position" means the position of one full-time
employee
performing a particular set of tasks and duties.
(K) "Full-time employee" means an individual who is
employed
for consideration by an enterprise for at least
thirty-five hours
a week, or who renders any other standard of
service generally
accepted by custom or specified by contract as
full-time
employment.
(L) "New employee" means a full-time employee first
employed
by an enterprise at a facility that is a project site
after the
enterprise enters an agreement under section 5709.62 or
5709.63 of
the Revised Code. "New employee" does not include an
employee if,
immediately prior to being employed by the
enterprise, the
employee was employed by an enterprise that is a
related member or
predecessor enterprise of that enterprise.
(M) "Unemployed person" means any person who is totally
unemployed in this state, as that term is defined in division (M)
of section 4141.01 of the Revised Code, for at least ten
consecutive weeks immediately preceding that person's
employment
at a
facility that is a project site, or who is so unemployed for
at
least twenty-six of the fifty-two weeks immediately preceding
that person's
employment at such a facility.
(N) "JTPA eligible employee" means any individual who is
eligible for employment or training under the "Job Training
Partnership Act," 96 Stat. 1324 (1982), 29 U.S.C. 1501, as
amended.
(O) "First used in business" means that the property
referred to has not been used in business in this state by the
enterprise that owns it, or by an enterprise that is a related
member or predecessor enterprise of such an enterprise, other
than
as inventory, prior to being used in business at a facility
as the
result of a project.
(P) "Training program" means any noncredit training
program
or course of study that is offered by any state college
or
university; university branch district; community college;
technical college; nonprofit college or university certified
under
section 1713.02 of the Revised Code; school district; joint
vocational school district; school registered and authorized to
offer programs under section 3332.05 of the Revised Code; an
entity administering any federal, state, or local adult education
and training program; or any enterprise; and that meets all of
the
following requirements:
(1) It is approved by the director of development;
(2) It is established or operated to satisfy the need of a
particular industry or enterprise for skilled or semi-skilled
employees;
(3) An individual is required to complete the course or
program before filling a position at a project site.
(Q) "Development" means to engage in the process of
clearing
and grading land, making, installing, or constructing
water
distribution systems, sewers, sewage collection systems,
steam,
gas, and electric lines, roads, curbs, gutters, sidewalks,
storm
drainage facilities, and construction of other facilities
or
buildings equal to at least fifty per cent of the market value
of
the facility prior to the expenditures, as determined for the
purposes of local property taxation.
(R) "Large manufacturing facility" means a single Ohio
facility that employed an average of at least one thousand
individuals during the five calendar years preceding an
agreement
authorized under division (C)(3) of section 5709.62 or
division
(B)(2) of section 5709.63 of the Revised Code. For purposes of
this
division, both of the following apply:
(1) A single Ohio
manufacturing facility employed an average
of at least one
thousand individuals during the five calendar
years preceding
entering into such an agreement if one-fifth of
the sum of the
number of employees employed on the highest
employment day
during each of the five calendar years equals or
exceeds one
thousand.
(2) The highest employment day is the day or days during
a
calendar year on which the number of employees employed at a
single Ohio manufacturing facility was
greater than on any other
day during the calendar year.
(S) "Business cycle" means the cycle of business activity
usually regarded as passing through alternating stages of
prosperity and depression.
(T) "Making retail sales" means the effecting of
point-of-final-purchase transactions
at a facility open to the
consuming public, wherein one party is obligated to pay the price
and
the other party is obligated to provide a service or to
transfer
title to or possession of the item sold.
(U) "Environmentally contaminated" means that hazardous
substances exist at a facility under conditions that have caused
or would cause the facility to be identified as contaminated by
the state or federal environmental protection agency. These may
include facilities located at sites identified in the master
sites
list or similar database maintained by the state
environmental
protection agency if the sites have been
investigated by the
agency and found to be contaminated.
(V) "Remediate" means to make expenditures to clean up an
environmentally contaminated facility so that it is no longer
environmentally contaminated that equal at least ten per cent of
the real property market value of the facility prior to such
expenditures as determined for the purposes of property taxation.
(W) "Related member" has the same meaning as defined in
section 5733.042 of the Revised Code without regard to division
(B) of that section, except that it is used with respect to an
enterprise rather than a taxpayer.
(X) "Predecessor enterprise" means an enterprise from
which
the assets or equity of another enterprise has been
transferred,
which transfer resulted in the full or partial
nonrecognition of
gain or loss, or resulted in a carryover basis,
both as determined
by rule adopted by the tax commissioner.
(Y) "Successor enterprise" means an enterprise to which
the
assets or equity of another enterprise has been transferred,
which
transfer resulted in the full or partial nonrecognition of
gain or
loss, or resulted in a carryover basis, both as
determined by rule
adopted by the tax commissioner.
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, or in a city designated as an urban cluster in a rural 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. 5711.02. Except as otherwise provided by section
5711.13 of the Revised Code, each year, beginning in tax year 2004, each taxpayer having taxable personal property with an aggregate taxable value in excess of ten thousand dollars shall make a return,
annually, to the county auditor of each county in which any
taxable property, which the taxpayer must return, is required by
this chapter to be listed and. The taxpayer shall truly and correctly list
therein on the return all taxable property so required to be listed, including
property exempt under division (C)(3) of section 5709.01 of the
Revised Code. Such returns shall be made on the blanks
prescribed by the tax commissioner, which the county auditor shall
supply at his the auditor's office along with blanks of the kind
required for
the county supplemental return required by section 5711.131 of
the Revised Code for the use of taxpayers. The county auditor shall
mail or distribute such blanks prior to the fifteenth day of
February to all persons known to him the auditor to be taxpayers
and to all
persons to whom the commissioner may direct blanks of either type
to be mailed or distributed, and he. The county auditor may place
listing and county
supplemental blanks at convenient places in his the
county. The
failure of a taxpayer to receive or procure blanks shall not
excuse him the taxpayer from making any return or county
supplemental return.
The individual required to make the return shall furnish all
statements and documents, give all information required, answer
all questions asked on the required blanks, and subscribe to the
truth and correctness of all matters contained therein.
Sec. 5711.13. A Beginning in tax year 2004, each taxpayer having taxable property with an aggregate taxable value in excess of ten thousand dollars and required
to be listed in more than one county shall make a combined return
to the tax commissioner listing all its taxable property in this
state, in conformity with sections 5711.01 to 5711.36 of the
Revised Code, including property exempt under division (C)(3) of
section 5709.01 of the Revised Code, but it the taxpayer shall not assign its
property of the kinds mentioned in section 5709.02 of the Revised
Code to any particular taxing district or county. The
tax commissioner shall assess the personal property of such taxpayer
in the several taxing districts in which it is required by
to be assessed under sections 5711.01 to 5711.36 of the Revised Code, to be assessed,
and shall issue assessment certificates therefor to the proper
county auditors at the time and in the manner required by section
5711.25 of the Revised Code. All other property of such taxpayer
required to be so listed shall be entered on the intangible
property tax list in the office of the treasurer of state, and
taxed shall be subject to taxation under section 5707.03 of the Revised Code. The
commissioner shall assess all other property of each such
taxpayer and, on or before the second Monday of August annually,
shall certify the total value or amount of each kind thereof to
the treasurer of state, who shall enter the value or amount on
the intangible property tax list in his the treasurer of state's office in the manner
provided in sections 5725.01 to 5725.26 of the Revised Code.
Sections 5711.01 to 5711.36 of the Revised Code shall apply to
and govern such taxpayer, its proper officers and
representatives, the commissioner, and the county auditor as to
all proceedings in the assessment of the property of such
taxpayer.
Sec. 5711.18. (A) As used in this section:
(1) "Qualifying manufacturing property" means machinery or equipment satisfying both of the following:
(a) The machinery or equipment would qualify as a thing transferred and used primarily in a manufacturing operation for the purposes of division (E)(9) of section 5739.01 and section 5739.011 of the Revised Code.
(b) The machinery or equipment was first placed in service in this state on or after July 1, 2004, and has not been listed for taxation under this chapter, and was not required to have been so listed, for any tax year before tax year 2004.
(2) "Phase-in percentage" means the percentage corresponding with each of the following tax years:
Tax Year |
|
Percentage |
2004 |
|
90% |
2005 |
|
80% |
2006 |
|
70% |
2007 |
|
60% |
2008 |
|
50% |
2009 |
|
40% |
2010 |
|
30% |
2011 |
|
20% |
2012 |
|
10% |
2013 and thereafter |
|
0% |
(B) In the case of accounts receivable, the book
value thereof less book reserves shall be listed and shall be
taken as the true value thereof unless the assessor finds that
such net book value is greater or less than the then true value
of such accounts receivable in money. In
(C) In the case of personal
property used in business, the book value thereof less book
depreciation at such time shall be listed, and such depreciated
book value one of the following values shall be listed and shall be taken as the true value of such property,
unless the assessor finds that such depreciated book value is
greater or less than the then true value of such property in
money. Claim:
(1) In the case of personal property other than qualifying manufacturing property, the book value of the property less book depreciation at the time of listing;
(2) In the case of qualifying manufacturing property, the sum of the following:
(a) The depreciated book value at which the property would be valued under division (C)(1) of this section if the property were valued at the lowest valuation percentage for the class life assigned to such property, as prescribed under the rules adopted by the tax commissioner for the purpose of valuing personal property used in business;
(b) The phase-in percentage multiplied by the excess, if any, of (i) the book value of the property less book depreciation at the time of listing, as prescribed in such rules, over (ii) the value described in division (C)(2)(a) of this section.
Nothing in this section shall cause the true value of qualifying manufacturing property for any tax year to exceed the book value of the property less book depreciation at the time of listing.
(D) Claims for any deduction from net book value of accounts
receivable or depreciated book value of personal property must be
made in writing by the taxpayer at the time of making the
taxpayer's return;
and when such. If the return is made to the county auditor who is
required by sections 5711.01 to 5711.36, inclusive, of the
Revised Code, to transmit it to the tax commissioner for
assessment, the auditor shall, as deputy of the commissioner,
investigate such claim and shall enter thereon, or attach
thereto, in such form as the commissioner prescribes, the
auditor's
findings and recommendations with respect thereto; when such to the claim. If the
return is made to the tax commissioner, such the claim for deduction from
depreciated book value of personal property shall be referred to
the auditor, as such deputy, of each county in which the property
affected thereby is listed for investigation and report.
(E) Any change in the method of determining true value, as prescribed by the
tax commissioner
on a prospective basis, shall not be admissible in any judicial or
administrative action or proceeding as evidence of value with regard to prior
years' taxes. Information about the business, property, or transactions of
any taxpayer
obtained by the commissioner for the purpose of adopting or modifying any such
method shall not be subject to discovery or disclosure.
Sec. 5711.22. (A) Deposits not taxed at the source shall
be listed and assessed at their amount in dollars on the day they
are required to be listed. Moneys shall be listed and assessed
at the amount thereof in dollars on hand on the day that they are
required to be listed. In listing investments, the amount of the
income yield of each for the calendar year next preceding the
date of listing shall, except as otherwise provided in this
chapter, be stated in dollars and cents and the assessment
thereof shall be at the amount of such income yield; but any
property defined as investments in either division (A) or (B) of
section 5701.06 of the Revised Code that has not been
outstanding for the full calendar year next preceding the date of
listing, except shares of stock of like kind as other shares of
the same corporation outstanding for the full calendar year next
preceding the date of listing, or which has yielded no income
during such calendar year shall be listed and assessed as
unproductive investments, at their true value in money on the day
that such investments are required to be listed.
Credits and other taxable intangibles shall be listed and
assessed at their true value in money on the day as of which the
same are required to be listed.
Shares of stock of a bank holding company, as defined in
Title 12 U.S.C.A., section 1841, that are required to be
listed
for taxation under this division and upon which dividends were
paid during the year of their issuance, which dividends are
subject to taxation under the provisions of Chapter 5747. of the
Revised Code, shall be exempt from the intangibles tax for the
year immediately succeeding their issuance. If such
shares bear
dividends the first calendar year after their issuance, which
dividends are subject to taxation under the provisions of Chapter
5747. of the Revised Code, it shall be deemed that the nondelinquent
intangible property tax pursuant to division (A) of section
5707.04 of the Revised Code was paid on those dividends paid that
first calendar year after the issuance of the shares.
(B)(1) Boilers, machinery, equipment, and personal
property the true value of which is determined under division (B)
of section 5711.21 of the Revised Code shall be listed and
assessed at an amount equal to the sum of the products determined
under divisions (B)(1)(a), (b), and (c) of this section.
(a) Multiply the portion of the true value determined
under division (B)(1) of section 5711.21 of the Revised Code by
the assessment rate in division
(F) of this section;
(b) Multiply the portion of the true value determined
under division (B)(2) of section 5711.21 of the Revised Code by
the assessment rate in section 5727.111 of the Revised Code that
is applicable to the production equipment of an electric company;
(c) Multiply the portion of the true value determined
under division (B)(3) of section 5711.21 of the Revised Code by
the assessment rate in section 5727.111 of the Revised Code that
is applicable to the property of an electric company that is not
production equipment.
(2) Personal property leased to a public utility or
interexchange telecommunications company as defined in section
5727.01 of the Revised Code and used directly in the rendition of
a public utility service as defined in division (P) of section
5739.01 of the Revised Code shall be listed and assessed at the
same percentage of true value in money that such property is
required to be assessed by section 5727.111 of the Revised Code
if owned by the public utility or interexchange
telecommunications company.
(C)(1) Merchandise or an agricultural product shipped from outside this state
and held in this state in a warehouse or a place of
storage without further manufacturing or processing and for storage
only and for shipment outside this
state, but that is taxable because it does not qualify as "not used in
business in this state" under division (B)(1) or (2) of section 5701.08
of the Revised
Code, shall be listed and assessed at a rate of twenty-five one-hundredths of
its true value in money until reduced in accordance with the following
schedule:
(a) For any year, subtract five one-hundredths from the rate at which such
property was required to be listed and assessed in the preceding year, if the
total statewide collection of all real and tangible personal property taxes
for
the second preceding year exceeded the total statewide collection of all real
and tangible personal property taxes for the third preceding year by more than
the greater of four per cent or the rate of increase from the third to the
second preceding years in the average consumer price index (all urban
consumers, all items) prepared by the bureau of labor statistics of the United
States department of labor;
(b) If no reduction in the assessment rate is made for a year, the rate is
the same as for the preceding year.
(2) Each year until the year the assessment rate equals zero, the tax
commissioner shall determine the assessment rate required under this division
and shall notify all county auditors of that rate.
(3) Notwithstanding provisions to the contrary in division (B) of section
5701.08 of the Revised Code, during and after the year for which the
assessment rate as calculated under this division equals zero, any merchandise
or agricultural product shipped from outside this state and held in this state
in any warehouse or place of storage, whether public or private, without
further manufacturing or processing and for storage only and for shipment
outside this state to any person for any purpose is not used
in business in
this state for property tax purposes.
(D)(1) Merchandise or an agricultural product owned by a
qualified out-of-state person shipped from outside this state
and held in this state in a public warehouse without further
manufacturing or processing and for temporary storage only and
for shipment inside this state, but that is taxable because it
does not qualify as "not used in business in this state" under
division (B)(1) or (2) of
section 5701.08 of the Revised
Code, shall be listed and
assessed at a rate of twenty-five one-hundredths of its true
value in money until reduced in accordance with the following
schedule:
(a) For any year, subtract five one-hundredths
from the rate at which such property was required to be listed
and assessed in the preceding year, if the total statewide
collection of all real and tangible personal property taxes for
the second preceding year exceeded the total statewide
collection of all real and tangible personal property taxes for
the third preceding year by more than the greater of four per
cent or the rate of increase from the third to the second
preceding years in the average consumer price index (all urban
consumers, all items) prepared by the bureau of labor statistics
of the United
States department of
labor;
(b) If no reduction in the assessment rate is made
for a year, the rate is the same as for the preceding
year.
(2) Each year until the year the assessment rate equals
zero, the tax commissioner shall determine the assessment rate
required under this division and shall notify all county
auditors of that rate.
(3) Notwithstanding provisions to the contrary in
division (B) of section 5701.08
of the Revised
Code, during and after the year
for which the assessment rate as calculated under this division
equals zero, any merchandise or agricultural product described
in division (D)(1) of this
section is not used in business in this state for property tax
purposes.
(4) As used in division
(D) of this section:
(a) "Qualified out-of-state person" means a person
that does not own, lease, or use property, other than
merchandise or an agricultural product described in this
division, in this state, and does not have employees, agents, or
representatives in this state;
(b) "Public warehouse" means a warehouse in this
state that is not subject to the control of or under the
supervision of the owner of the merchandise or agricultural
product stored in it, or staffed by the owner's employees, and
from which the property is to be shipped inside this
state.
(E) Personal property valued pursuant to section 5711.15
of the Revised Code and personal property
required to be listed on the average basis by division
(A) of section 5711.16 of the Revised
Code, except property described in division
(C) or (D) of this section, business
fixtures, and furniture not held for sale in the course of
business, shall be listed and assessed at the rate of twenty-five per cent of
its true value in money until
reduced to zero in accordance with the following schedule:
(1) Beginning in tax year 2002 and for each of tax years 2003, and
2004, 2005, and 2006, subtract one percentage point from the rate at
which the property was required to be listed and assessed in the
preceding year, if the total statewide collection of tangible
personal property taxes for the second preceding year exceeded the
total statewide collection of tangible personal property taxes for
the third preceding year. If no reduction in the assessment rate
is made for a year, the rate is the same as for the preceding
year. For purposes of this division, total statewide collection
of tangible personal property taxes excludes taxes collected from
public utilities and interexchange telecommunications companies on
property that is determined to be taxable pursuant to section
5727.06 of the Revised Code.
(2) In tax year 2007, the assessment rate shall be the lesser of
twenty-four per cent or one percentage point less than the rate at
which property was required to be listed and assessed the
preceding year. Each 2005 and each tax year thereafter, the assessment rate
shall be reduced by one two percentage point until it equals zero per
cent not later than tax year 2031 points, if the total statewide collection of tangible personal property taxes for the second preceding year exceeded the total statewide collection of tangible personal property taxes for the third preceding year. If no reduction in the assessment rate is made for a year, the rate is the same as for the preceding year. During and after the tax year
that the assessment rate equals zero, the property described in
division (E) of this section shall not be listed for taxation.
Each year until the year the assessment rate equals zero, the tax
commissioner shall determine the assessment rate required under this
division and shall notify all county auditors of that rate.
For purposes of division (E) of this section, "total statewide collection of tangible person property taxes" excludes taxes collected from public utilities and interexchange telecommunications companies on property that is determined to be taxable pursuant to section 5727.06 of the Revised Code.
(F) Unless otherwise provided by law, all other personal
property used in business that has not been legally regarded as
an improvement on land and considered in arriving at the value of
the real property assessed for taxation shall be listed and
assessed at the rate of twenty-five per cent of its true value in money.
Sec. 5711.27. No taxpayer shall fail to make a return
within the time prescribed by law, or as extended pursuant to
section 5711.04 of the Revised Code, nor fail to list in a return
or disclose on an accompanying balance sheet or in other
information filed with the return any item of taxable property
which he the taxpayer is required by to list in the return under sections 5711.01 to 5711.36
of the
Revised Code, to list therein.
If any taxpayer does so fail the following shall apply:
(A) In the case of a taxpayer who fails to make a timely
return, the assessor shall add to the taxpayer's assessment as a
penalty, one-half of the taxpayer's taxable value that is exempt
from taxation under division (C)(3) of section 5709.01 of the
Revised Code. If the taxpayer's taxable value that is exempt
from taxation under division (C)(3) of section 5709.01 of the
Revised Code is located in more than one taxing district, the
penalty assessment shall be applied among taxing districts as if
only five thousand dollars, or one-half of the taxpayer's taxable
valuation, whichever is less, had been exempt from taxation under
such division.
(B) In the case of a taxpayer who fails to make a timely
return, or fails to list or disclose any item he the taxpayer is
required to
return, the assessor shall add to the assessment of each class or
item of taxable property which the taxpayer failed to return,
list, or disclose and to any amount added under division (A) of
this section, a penalty of up to fifty per cent thereof of the assessment; but if
such taxpayer makes, within sixty days after the expiration of
the time prescribed by such sections, a return or an amended or
supplementary return and lists therein or discloses on an
accompanying balance sheet or in other information filed with the
return all items of taxable property which he the taxpayer is
required by such
sections to list, and in all cases in which the taxpayer's only
default is his the failure to pay the amounts specified in
section
5719.02 of the Revised Code within the time therein specified,
such penalty shall be five per cent of the assessment, and, if
the assessment certificate has been issued, an amended assessment
certificate shall be issued and substituted therefor.
Either or both of the penalties The penalty provided in this section
may be abated in whole or in part by the assessor when it is
shown that such failure is due to reasonable cause. The penalty
assessment shall be entered on the proper tax list and duplicate,
and taxes shall be levied thereon the same as on the assessment
itself.
If any taxpayer does so fail with respect to a return
required to be filed for tax year 1982 or any prior year, the
assessor shall add to the assessment of each class or item of
taxable property which the taxpayer failed to return, list or
disclose in addition to the penalties provided by law, an
additional charge at the rate of one-half of one per cent per
month from the date such property should have been returned or
disclosed until the same is assessed, provided that said
additional charge shall not be added to an assessment for any
period of time in excess of ten years previous to the date of the
assessment.
A fiduciary against whom a penalty assessment is made shall
be personally liable for the amount of taxes levied in respect to
such penalty assessment and any additional charge, and in case of
fraud or intent to evade taxes, such fiduciary shall have no
right of reimbursement against the property held by him the
fiduciary as such
fiduciary nor against the person for whose benefit the same is
held.
Sec. 5711.33. (A)(1) When a county treasurer receives a
certificate from a county auditor pursuant to division (A) of
section 5711.32 of the Revised Code charging the treasurer
with the collection of an amount of taxes due as the result of a
deficiency assessment, the treasurer shall immediately
prepare and mail a tax bill to the taxpayer owing such tax. The tax bill
shall contain the name of the taxpayer; the taxable value, tax rate,
and taxes charged for each year being assessed; the total amount
of taxes due; the final date payment may be made without
additional penalty; and any other information the treasurer
considers pertinent or necessary. Taxes due and payable as a
result of a deficiency assessment, less any amount specifically
excepted from collection under division (B) of section 5711.32 of
the Revised Code, shall be paid with interest thereon as
prescribed by section 5719.041 of the Revised Code on or before
the sixtieth day following the date of issuance of the
certificate by the county auditor. The balance of taxes found
due and payable after a final determination by the tax
commissioner or a final judgment of the board of tax appeals or
any court to which such final judgment may be appealed, shall be
paid with interest thereon as prescribed by section 5719.041 of
the Revised Code on or before the sixtieth day following the date
of certification by the auditor to the treasurer pursuant to
division (C) of section 5711.32 of the Revised Code of such final
determination or judgment. Such final dates for payment shall be
determined and exhibited on the tax bill by the treasurer.
(2) If, on or before the sixtieth day following the date of
a certification of a deficiency assessment under division (A) of
section 5711.32 of the Revised Code or of a certification of a
final determination or judgment under division (C) of section
5711.32 of the Revised Code, the taxpayer pays the full amount of
taxes and interest due at the time of the receipt of
certification with respect to that assessment, determination, or
judgment, no interest shall accrue or be charged with respect to
that assessment, determination, or judgment for the period that
begins on the first day of the month in which the certification
is made and that ends on the last day of the month preceding the
month in which such sixtieth day occurs.
(B) When the taxes charged, as mentioned in division (A)
of this section, are not paid within the time prescribed by such
division, a penalty of ten per cent of the amount due and unpaid
and interest for the period described in division (A)(2) of this
section shall accrue at the time the treasurer closes the
treasurer's office for business on the last day so prescribed, but if the
taxes are paid within ten days subsequent to the last day prescribed, the
treasurer shall waive the collection of and the auditor shall
remit one-half of the penalty. The treasurer shall not
thereafter accept less than the full amount of taxes and penalty
except as otherwise authorized by law. Such penalty shall be
distributed in the same manner and at the same time as the tax
upon which it has accrued. The whole amount collected shall be
included in the next succeeding settlement of appropriate taxes.
(C) When the taxes charged, as mentioned in division (A)
of this section, remain unpaid after the final date for payment
prescribed by such division, such charges shall be deemed to be
delinquent taxes. The county auditor shall cause such charges,
including the penalty that has accrued pursuant to this
section, to be added to the delinquent tax duplicate in accordance with
section 5719.04 of the Revised Code.
(D) The county auditor, upon consultation with the county
treasurer, shall remit a penalty imposed under division (B) of
this section or division (C) of section 5719.03 of the Revised
Code for the late payment of taxes when:
(1) The taxpayer could not make timely payment of the tax
because of the negligence or error of the county auditor or county treasurer in
the performance of a statutory duty relating to the levy or
collection of such tax.
(2) In cases other than those described in division (D)(1)
of this section, the taxpayer failed to receive a tax bill or a
correct tax bill, and the taxpayer made a good faith effort to
obtain such bill within thirty days after the last day for
payment of the tax.
(3) The tax was not timely paid because of the death or
serious injury of the taxpayer, or the taxpayer's
confinement in a hospital
within sixty days preceding the last day for payment
of the tax
if, in any case, the tax was subsequently paid within
sixty days
after the last day for payment of such tax.
(4) The taxpayer demonstrates to the satisfaction of the
auditor that the full payment was properly deposited in the mail
in sufficient time for the envelope to be postmarked by the
United States postal service on or before the last
day for payment of such tax.
A private meter postmark on an envelope is not a valid postmark for
purposes of establishing the date of payment of such tax.
(5) In cases other than those described in divisions (D)(1) to (4) of this section, the taxpayer's failure to make timely payment of the tax is due to reasonable cause and not willful neglect.
(E) The taxpayer, upon application within sixty days after the mailing of the county auditor's decision, may request the tax
commissioner to review the denial of the remission of a penalty
by the county auditor. The application may be filed in person or by certified mail. If the application is filed by certified mail, the date of the United States postmark placed on the sender's receipt by the postal service shall be treated as the date of filing. The commissioner shall consider the application,
determine whether the penalty should be remitted, and certify
the
determination to the taxpayer and to the county treasurer and county auditor,
who shall correct the tax list and duplicate accordingly. The
commissioner shall may issue orders and instructions for the uniform
implementation of this section by all county auditors and county treasurers,
and such orders and instructions shall be followed by such
officers.
Sec. 5713.07. The county auditor, at the time of making
the assessment of real property subject to taxation, shall enter
in a separate list pertinent descriptions of all burying grounds,
public schoolhouses, houses used exclusively for public worship,
institutions of purely public charity, real property used
exclusively for a home for the aged, as defined in section
5701.13 of the Revised Code, and public buildings and property
used exclusively for any public purpose, and any other property, with the lot or tract of
land on which such house, institution, or public building, or other property is
situated, and which are exempt have been exempted from taxation by either the tax commissioner under section 5715.27 of the Revised Code or by the housing officer under section 3735.67 of the Revised Code. He The auditor
shall value
such houses, buildings, property, and lots and tracts of land at
their taxable value in the same manner as he the auditor is
required to value
other real property, designating in each case the township,
municipal corporation, and number of the school district, or the
name or designation of the school, religious society, or
institution to which each house, lot, or tract belongs. If such
property is held and used for other public purposes, he the
auditor shall
state by whom or how it is held.
Sec. 5713.08. (A) The county auditor shall make a list of
all real and personal property in the auditor's county,
including money,
credits, and investments in bonds, stocks, or otherwise, which is
exempted from taxation. Such list shall show the name of the
owner, the value of the property exempted, and a statement in
brief form of the ground on which such exemption has been
granted. It shall be corrected annually by adding thereto the
items of property which have been exempted during the year, and
by striking therefrom the items which in the opinion of the
auditor have lost their right of exemption and which have been
reentered on the taxable list. No additions shall be made to
such exempt lists and no additional items of property shall be
exempted from taxation without the consent of the tax
commissioner as is provided for in section 5715.27 of the Revised
Code, but when or without the consent of the housing officer under section 3735.67 of the Revised Code. When any personal property or endowment fund of an
institution has once been held by the commissioner to be properly
exempt from taxation, it is not necessary to obtain the
commissioner's consent to the exemption of additional property or
investments of the same kind belonging to the same institution,
but such property shall appear on the abstract filed annually
with the commissioner. The commissioner may revise at any time
the list in every county so that no property is improperly or
illegally exempted from taxation. The auditor shall follow the
orders of the commissioner given under this section. An abstract
of such list shall be filed annually with the commissioner, on a
form approved by the commissioner, and a copy thereof shall
be kept on file in
the office of each auditor for public inspection.
The commissioner shall not consider an application for
exemption of property unless the application has attached thereto
a certificate executed by the county treasurer certifying
one
of the following:
(1) That all taxes, assessments, interest, and penalties
levied and assessed against the property sought to be exempted
have been paid in full to the date upon which the application for
exemption is filed, except for such taxes, interest, and
penalties that may be remitted under division (B) of this
section;
(2) That the applicant has entered into a valid
delinquent tax contract with the county treasurer
pursuant to division (A) of
section 323.31 of the Revised Code to pay all of the delinquent
taxes, assessments, interest, and penalties charged against the
property, except for such taxes, interest, and penalties that may
be remitted under division (B) of this section. If the auditor
receives notice under section 323.31 of the Revised Code that
such a written delinquent tax contract has become
void,
the auditor shall
strike such
property from the list of exempted property and reenter such
property on the taxable list. If property is removed from the
exempt list because a written delinquent tax
contract
has become void,
current taxes shall first be extended against that property on
the general tax list and duplicate of real and public utility
property for the tax year in which the auditor receives the
notice required by division (A) of section 323.31 of the Revised
Code that the delinquent tax contract has become
void
or, if that notice is
not timely made, for the tax year in which falls the latest date
by which the treasurer is required by such section to give such
notice. A county auditor shall not remove from any tax list and
duplicate the amount of any unpaid delinquent taxes, assessments,
interest, or penalties owed on property that is placed on the
exempt list pursuant to this division.
(3) That a tax certificate has been issued under section 5721.32
or 5721.33 of the Revised Code with respect to the property that
is the subject of the application, and the tax certificate is
outstanding.
(B) Any taxes, interest, and penalties which have become a
lien after the property was first used for the exempt purpose,
but in no case prior to the date of acquisition of the title to
the property by the applicant, may be remitted by the
commissioner, except as is provided in division (A) of section 5713.081
of the Revised Code.
(C) Real property acquired by the state in fee simple is
exempt from taxation from the date of acquisition of title or
date of possession, whichever is the earlier date, provided that
all taxes, interest, and penalties as provided in the
apportionment provisions of section 319.20 of the Revised Code
have been paid to the date of acquisition of title or date of
possession by the state, whichever is earlier. The proportionate
amount of taxes that are a lien but not yet determined, assessed,
and levied for the year in which the property is acquired, shall
be remitted by the county auditor for the balance of the year
from date of acquisition of title or date of possession,
whichever is earlier. This section shall not be construed to
authorize the exemption of such property from taxation or the
remission of taxes, interest, and penalties thereon until all
private use has terminated.
Sec. 5713.081. (A) No application for real property tax
exemption and tax remission shall be filed with, or considered
by, the tax commissioner in which tax remission is requested for
more than three tax years, and the commissioner shall not remit
more than three years' delinquent taxes, penalties, and interest.
(B) All taxes, penalties, and interest, that have been
delinquent for more than three years, appearing on the general
tax list and duplicate of real property which have been levied
and assessed against parcels of real property owned by the state,
any political subdivision, or any other entity whose ownership of
real property would constitute public ownership, shall be
collected by the county auditor of the county where the real
property is located. Such official auditor shall deduct from
each
distribution made by him the auditor, the amount necessary to
pay the tax
delinquency from any revenues or funds to the credit of the
state, any political subdivision, or any other entity whose
ownership of real property would constitute public ownership
thereof, passing under his the auditor's control, or which come
into his the auditor's
possession, and such deductions shall be made on a continuing
basis until all delinquent taxes, penalties, and interest noted
in this section have been paid.
(C) As used in division (B) of this section, "political subdivision" includes
townships, municipalities, counties, school districts, boards of
education, all state and municipal universities, park boards, and
any other entity whose ownership of real property would
constitute public ownership.
Sec. 5713.082. (A) Whenever the county auditor reenters
an item of property to the tax list as provided in section
5713.08 of the Revised Code and there has been no conveyance of
the property between separate entities, the auditor shall send
notice by certified mail to the owner of the property that it is
now subject to property taxation as a result of such action. The
auditor shall send the notice at the same time he the auditor
certifies the
real property tax duplicate to the county treasurer. The notice
shall describe the property and indicate that the owner may
reapply for tax exemption by filing an application for exemption
as provided in section 5715.27 of the Revised Code, and that
failure to file such an application within the proper time period
will result in the owner having to pay the taxes even if the
property continued to be used for an exempt purpose.
(B) If the auditor failed to send the notice required by
this section, and if the owner of the property subsequently files
an application for tax exemption for the property for the current
tax year, the tax commissioner may grant exemption to the
property, and he the commissioner shall remit all unpaid taxes
and penalties for
each prior year since the property was reentered on the tax list
notwithstanding the provisions of division (A) of section 5713.081 of the Revised
Code.
Sec. 5713.30. As used in sections 5713.31 to 5713.37 and
5715.01 of the Revised Code:
(A) "Land devoted exclusively to agricultural use" means:
(1) Tracts, lots, or parcels of land totaling not less
than ten acres that, during the three calendar years prior to the
year in which application is filed under section 5713.31 of the
Revised Code, and through the last day of May of such year, were
devoted exclusively to commercial animal or poultry husbandry,
aquaculture, apiculture, the production for a commercial purpose
of timber, field crops, tobacco, fruits, vegetables, nursery
stock, ornamental trees, sod, or flowers, or the growth of timber
for a noncommercial purpose, if the land on which the timber is
grown is contiguous to or part of a parcel of land under common
ownership that is otherwise devoted exclusively to agricultural
use, or were devoted to and qualified for payments or other
compensation under a land retirement or conservation program
under an agreement with an agency of the federal government;
(2) Tracts, lots, or parcels of land totaling less than
ten acres that, during the three calendar years prior to the year
in which application is filed under section 5713.31 of the
Revised Code and through the last day of May of such year, were
devoted exclusively to commercial animal or poultry husbandry,
aquaculture, apiculture, the production for a commercial purpose
of field crops, tobacco, fruits, vegetables, timber, nursery
stock, ornamental trees, sod, or flowers where such activities
produced an average yearly gross income of at least twenty-five
hundred dollars during such three-year period or where there is
evidence of an anticipated gross income of such amount from such
activities during the tax year in which application is made, or
were devoted to and qualified for payments or other compensation
under a land retirement or conservation program under an
agreement with an agency of the federal government;
(3) A tract, lot, or parcel of land taxed under sections
5713.22 to 5713.26 of the Revised Code is not land devoted
exclusively to agricultural use;
(4) Tracts, lots, or parcels of land, or portions thereof
which that, during the previous three consecutive calendar years have
been designated as land devoted exclusively to agricultural use,
but such land has been lying idle or fallow for up to one year
and no action has occurred to such land that is either
inconsistent with the return of it to agricultural production or
converts the land devoted exclusively to agricultural use as
defined in this section. Such land shall remain designated as
land devoted exclusively to agricultural use provided that beyond
one year, but less than three years, the landowner proves good
cause as determined by the board of revision.
"Land devoted exclusively to agricultural use" includes tracts, lots, or parcels of land or portions thereof that are used for conservation practices, provided that the tracts, lots, or parcels of land or portions thereof comprise twenty-five per cent or less of the total of the tracts, lots, or parcels of land that satisfy the criteria established in division (A)(1), (2), or (4) of this section together with the tracts, lots, or parcels of land or portions thereof that are used for conservation practices.
(B) "Conversion of land devoted exclusively to
agricultural use" means any of the following:
(1) The failure of the owner of land devoted exclusively
to agricultural use during the next preceding calendar year to
file a renewal application under section 5713.31 of the Revised
Code without good cause as determined by the board of revision;
(2) The failure of the new owner of such land to file an
initial application under that section without good cause as
determined by the board of revision;
(3) The failure of such land or portion thereof to qualify
as land devoted exclusively to agricultural use for the current
calendar year as requested by an application filed under such
section;
(4) The failure of the owner of the land described in
division (A)(4) of this section to act on such land in a manner
that is consistent with the return of the land to agricultural
production after three years.
(C) "Tax savings" means the difference between the dollar
amount of real property taxes levied in any year on land valued
and assessed in accordance with its current agricultural use
value and the dollar amount of real property taxes which that would
have been levied upon such land if it had been valued and
assessed for such year in accordance with Section 2 of Article
XII, Ohio Constitution.
(D) "Owner" includes, but is not limited to, any person
owning a fee simple, fee tail, or life estate, or a buyer on a land
installment contract.
(E) "Conservation practices" includes, but is not limited to, the installation, construction, development, planting, or use of grass waterways, terraces, diversions, filter strips, field borders, windbreaks, riparian buffers, wetlands, ponds, and cover crops to abate soil erosion.
(F) "Wetlands" has the same meaning as in section 6111.02 of the Revised Code.
Sec. 5715.27. (A) The Except as provided in section 3735.67 of the Revised Code, the owner of any property may file an
application with the tax commissioner, on forms prescribed by the
commissioner, requesting that such property be exempted from
taxation and that unpaid taxes and penalties be remitted as
provided in division (B) of section 5713.08 of the Revised Code.
(B) The board of education of any school district may
request the tax commissioner to provide it with notification of
applications for exemption from taxation for property located
within that district. If so requested, the commissioner shall
send to the board for the quarters ending on the last day of
March, June, September, and December of each year, reports that
contain sufficient information to enable the board to identify
each property that is the subject of an exemption application,
including, but not limited to, the name of the property owner or
applicant, the address of the property, and the auditor's parcel
number. The commissioner shall mail the reports on or about the
fifteenth day of the month following the end of the quarter.
(C) A board of education that has requested notification
under division (B) of this section may, with respect to any
application for exemption of property located in the district and
included in the commissioner's most recent report provided under
that division, file a statement with the commissioner and with
the applicant indicating its intent to submit evidence and
participate in any hearing on the application. The statements
shall be filed prior to the first day of the third month
following the end of the quarter in which that application was
docketed by the commissioner. A statement filed in compliance
with this division entitles the district to submit evidence and
to participate in any hearing on the property and makes the
district a party for purposes of sections 5717.02 to 5717.04 of
the Revised Code in any appeal of the commissioner's decision to
the board of tax appeals.
(D) The commissioner shall not hold a hearing on or grant
or deny an application for exemption of property in a school
district whose board of education has requested notification
under division (B) of this section until the end of the period
within which the board may submit a statement with respect to
that application under division (C) of this section. The
commissioner may act upon an application at any time prior to
that date upon receipt of a written waiver from each such board
of education, or, in the case of exemptions authorized by section
725.02, 1728.10, 3735.67, 5709.41, 5709.62, or 5709.63 of the
Revised Code, upon the request of the property owner. Failure of
a board of education to receive the report required in division
(B) of this section shall not void an action of the commissioner
with respect to any application. The commissioner may extend the
time for filing a statement under division (C) of this section.
(E) A complaint may also be filed with the commissioner by
any person, board, or officer authorized by section 5715.19 of
the Revised Code to file complaints with the county board of
revision against the continued exemption of any property granted exemption by the commissioner under this section.
(F) An application for exemption and a complaint against
exemption shall be filed prior to the thirty-first day of
December of the tax year for which exemption is requested or for
which the liability of any the property to taxation in that year is
requested. The commissioner shall consider such application or
complaint in accordance with procedures established by the
commissioner, determine whether the property is subject to taxation or
exempt therefrom, and certify the commissioner's findings to
the auditor, who shall correct the tax list and duplicate accordingly.
If a tax certificate has been sold under section 5721.32 or 5721.33 of the
Revised Code with respect to property for which an exemption
has been requested, the tax commissioner shall also certify the findings to
the county treasurer of the county in which the property is located.
(G) Applications and complaints, and documents of any kind
related to applications and complaints, filed with the tax
commissioner under this section, are public records within the
meaning of section 149.43 of the Revised Code.
(H) If the commissioner determines that the use of
property or other facts relevant to the taxability of property
that is the subject of an application for exemption or a
complaint under this section has changed while the application or
complaint was pending, the commissioner may make the
determination under division (F) of this section separately for
each tax year beginning with the year in which the application or
complaint was filed or the year for which remission of unpaid
taxes under division (B) of section 5713.08 of the Revised Code
was requested, and including each subsequent tax year during
which the application or complaint is pending before the
commissioner.
Sec. 5715.39. (A) The tax commissioner may remit real property
taxes, manufactured home taxes, penalties, and interest found by
the commissioner to
have been illegally assessed. The commissioner also may remit any penalty
charged against any real property or manufactured or mobile home that
was the subject of an
application for exemption from taxation under section 5715.27 of
the Revised Code if the commissioner determines that the
applicant requested such exemption in good faith. The
commissioner shall include notice of the remission in the
commissioner's certification to the county auditor required under that
section.
(B) The commissioner, on application by a taxpayer county auditor, upon consultation with the county treasurer, shall remit
a penalty for late payment of any real property taxes or manufactured home
taxes when:
(A)(1) The taxpayer could not make timely payment of the tax
because of the negligence or error of the county auditor or county treasurer in
the performance of a statutory duty relating to the levy or
collection of such tax.
(B)(2) In cases other than those described in division (A)(B)(1) of
this section, the taxpayer failed to receive a tax bill or a
correct tax bill, and the taxpayer made a good faith effort to
obtain such bill within thirty days after the last day for
payment of the tax.
(C)(3) The tax was not timely paid because of the death or
serious injury of the taxpayer, or the taxpayer's
confinement in a hospital within sixty days preceding the last day for payment
of the tax if, in any case, the tax was subsequently paid within
sixty days after the last day for payment of such tax.
(D)(4) The taxpayer demonstrates to the satisfaction of the
commissioner that the full payment was properly deposited in the
mail in sufficient time for the envelope to be postmarked by the
United States postal service on or before the last
day for payment of such tax. A private meter postmark on an envelope is
not a valid postmark for purposes of establishing the date of payment of such
tax.
(5) In cases other than those described in division (B)(1) to (4) of this section, the taxpayer's failure to make timely payment of the tax is due to reasonable cause and not willful neglect.
(C) The taxpayer, upon application within sixty days after the mailing of the county auditor's decision, may request the tax commissioner to review the denial of the remission of a penalty by the auditor. The application may be filed in person or by certified mail. If the application is filed by certified mail, the date of the United States postmark placed on the sender's receipt by the postal service shall be treated as the date of filing. The commissioner shall consider the application, determine
whether the penalty should be remitted, and certify the
determination to the taxpayer, to the county treasurer, and
to the county auditor, who shall correct the tax list and duplicate
accordingly. The commissioner may issue orders and instructions for the uniform implementation of this section by all county auditors and county treasurers, and such orders and instructions shall be followed by such officers.
(D) This section shall not provide to the taxpayer any remedy
with respect to any matter that the taxpayer may be
authorized to complain of under section 4503.06,
5715.19,
5717.02, and or 5727.47 of the Revised Code.
(E) Applications for remission, and documents of any kind
related to those applications, filed with the tax commissioner
under this section, are public records within the meaning of
section 149.43 of the Revised Code, unless otherwise excepted
under that section.
Sec. 5717.011. (A) As used in this chapter, "tax administrator" has the same meaning as in section 718.01 of the Revised Code.
(B) Appeals from a municipal board of appeal created under section 718.11 of the Revised Code may be taken by the taxpayer or the tax administrator to the board of tax appeals or may be taken by the taxpayer or the tax administrator to a court of common pleas as otherwise provided by law. If the taxpayer or the tax administrator elects to make an appeal to the board of tax appeals or court of common pleas, the appeal shall be taken by the filing of a notice of appeal with the board of tax appeals or court of common pleas, the municipal board of appeal, and the opposing party. The notice of appeal shall be filed within sixty days after the day the appellant receives notice of the decision issued under section 718.11 of the Revised Code. The notice of appeal may be filed in person or by certified mail, express mail, or authorized delivery service as provided in section 5703.056 of the Revised Code. If the notice of appeal is filed by certified mail, express mail, or authorized delivery service as provided in section 5703.056 of the Revised Code, the date of the United States postmark placed on the sender's receipt by the postal service or the date of receipt recorded by the authorized delivery service shall be treated as the date of filing. The notice of appeal shall have attached thereto and incorporated therein by reference a true copy of the decision issued under section 718.11 of the Revised Code and shall specify the errors therein complained of, but failure to attach a copy of such notice and incorporate it by reference in the notice of appeal does not invalidate the appeal.
(C) Upon the filing of a notice of appeal with the board of tax appeals, the municipal board of appeal shall certify to the board of tax appeals a transcript of the record of the proceedings before it, together with all evidence considered by it in connection therewith. Such appeals may be heard by the board at its office in Columbus or in the county where the appellant resides, or it may cause its examiners to conduct such hearings and to report to it their findings for affirmation or rejection. The board may order the appeal to be heard upon the record and the evidence certified to it by the administrator, but upon the application of any interested party the board shall order the hearing of additional evidence, and the board may make such investigation concerning the appeal as it considers proper.
Sec. 5717.03. (A) A decision of the board of tax appeals on an
appeal filed with it pursuant to section 5717.01, 5717.011, or 5717.02 of
the Revised Code shall be entered of record on the journal
together with the date when the order is filed with the secretary
for journalization.
(B) In case of an appeal from a decision of a county board of
revision, the board of tax appeals shall determine the taxable
value of the property whose valuation or assessment by the county
board of revision is complained of, or in the event the complaint
and appeal is against a discriminatory valuation, shall determine
a valuation which shall correct such discrimination, and shall
determine the liability of the property for taxation, if that
question is in issue, and its the board of tax appeals's decision and the date when it was
filed with the secretary for journalization shall be certified by
it the board by certified mail to all persons who were parties to the
appeal before it the board, to the person in whose name the property is
listed, or sought to be listed, if such person is not a party to
the appeal, to the county auditor of the county in which the
property involved in the appeal is located, and to the tax
commissioner.
In correcting a discriminatory valuation, the board of tax
appeals shall increase or decrease the value of the property
whose valuation or assessment by the county board of revision is
complained of by a per cent or amount which will cause such
property to be listed and valued for taxation by an equal and
uniform rule.
(C) In the case of an appeal from a review, redetermination, or
correction of a tax assessment, valuation, determination,
finding, computation, or order of the tax commissioner, the order
of the board of tax appeals and the date of the entry thereof
upon its journal shall be certified by it the board by certified mail to
all persons who were parties to the appeal before it the board, the person
in whose name the property is listed or sought to be listed, if
the decision determines the valuation or liability of property
for taxation and if such person is not a party to the appeal, the
taxpayer or other person to whom notice of the tax assessment,
valuation, determination, finding, computation, or order, or
correction or redetermination thereof, by the tax commissioner
was by law required to be given, the director of budget and
management, if the revenues affected by such decision would
accrue primarily to the state treasury, and the county auditors
of the counties to the undivided general tax funds of which the
revenues affected by such decision would primarily accrue.
(D) In the case of an appeal from a municipal board of appeal created under section 718.11 of the Revised Code, the order of the board of tax appeals and the date of the entry thereof upon the board's journal shall be certified by the board by certified mail to all persons who were parties to the appeal before the board.
(E) In the case of all other appeals or applications filed with
and determined by the board its, the board's order and the date when it the order was
filed by the secretary for journalization shall be certified by
it the board by certified mail to the person who is a party to such appeal
or application, to such persons as the law requires, and to such other
persons as the board deems proper.
(F) The orders of the board may affirm, reverse, vacate,
modify, or remand the tax assessments, valuations,
determinations, findings, computations, or orders complained of
in the appeals determined by it the board, and its the board's decision shall become
final and conclusive for the current year unless reversed,
vacated, or modified as provided in section 5717.04 of the
Revised Code. When an order of the board becomes final the tax
commissioner and all officers to whom such decision has been
certified shall make the changes in their tax lists or other
records which the decision requires.
(G) If the board finds that issues not raised on the appeal are
important to a determination of a controversy, it the board may remand the
cause for an administrative determination and the issuance of a
new tax assessment, valuation, determination, finding,
computation, or order, unless the parties stipulate to the
determination of such other issues without remand. An order
remanding the cause is a final order, which. If the order relates to any issue other than a municipal income tax matter appealed under sections 718.11 and 5717.011 of the Revised Code, the order may be appealed to
the court of appeals in Franklin county. If the order relates to a municipal income tax matter appealed under sections 718.11 and 5717.011 of the Revised Code, the order may be appealed to the court of appeals for the county in which the municipal corporation in which the dispute arose is primarily situated.
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. 5727.111. The taxable property of each public
utility,
except a railroad company, and of each interexchange
telecommunications company shall be assessed at the following
percentages of true value:
(A)(1) Except as provided in division
(A)(2) of this
section, fifty per cent in the case of a rural
electric company;
(2) For tax year 2001 and thereafter, fifty per cent in the
case of
the taxable transmission and
distribution property of a
rural electric
company, and twenty-five per cent for all its other
taxable
property;
(B) In the case of a telephone or telegraph company,
twenty-five
per cent for taxable property first subject to
taxation in this state for tax
year 1995 or thereafter, and
eighty-eight per cent the following for all other taxable
property;:
(1) For tax years prior to 2005, eighty-eight per cent;
(2) For tax year 2005, sixty-seven per cent;
(3) For tax year 2006, forty-six per cent;
(4) For tax year 2007 and thereafter, twenty-five per cent.
(C)(1) Except as provided in division
(C)(2) of this
section, eighty-eight per cent in the case of a
natural gas
company;
(2) For tax year 2001 and thereafter, twenty-five Twenty-five per cent
in the
case of a natural gas company.
(D) Eighty-eight per cent in the case of a pipe-line,
water-works, or heating company;
(E)(1) Except as provided in division
(E)(2) or (3) of this
section, one hundred per cent in the
case of the taxable
production equipment of an electric company and
eighty-eight per
cent for all its other taxable property;
(2) For tax year 2001 and thereafter, eighty-eight per cent
in
the
case of
the taxable transmission and distribution property
of an
electric company, and twenty-five per cent for all its
other
taxable
property;
(3) Property listed and assessed under divisions (B)(1)
and
(2) of section 5711.22 of the Revised Code and leased to an
electric
company shall
continue to be assessed at one hundred per
cent for production equipment and
eighty-eight per cent for all
such other taxable property until January
1, 2002.
(F) Twenty-five per cent in the case of an
interexchange
telecommunications company;
(G) Twenty-five per cent in the case of a water
transportation company.
Sec. 5727.30. (A) Except as provided in divisions
(B) and, (C), and (D) of this section, each public utility, except
railroad companies,
shall be subject
to an annual excise tax, as provided by sections 5727.31 to 5727.62 of the
Revised Code, for the privilege of owning property in this state or doing
business in this state during the twelve-month period next succeeding the
period upon which the tax is based. The tax shall be imposed against each
such public utility that, on the first day of such twelve-month period, owns
property in this state or is doing business in this state, and the lien for
the tax, including any penalties and interest accruing thereon, shall attach
on such day to the property of the public utility in this state.
(B) An electric company's or
a rural electric company's gross receipts
received after April 30, 2001, are not subject to the annual excise
tax imposed by this section.
(C) A natural gas company's gross receipts received after
April
30, 2000, are not subject to the annual excise tax imposed by this
section.
(D) A telephone company's gross receipts derived from amounts billed to customers after June 30, 2004, are not subject to the annual excise tax imposed by this section. Notwithstanding any other provision of law, gross receipts derived from amounts billed by a telephone company to customers prior to July 1, 2004, shall be included in the telephone company's annual statement filed on or before August 1, 2004, which shall be the last statement or report filed under section 5727.31 of the Revised Code by a telephone company. A telephone company shall not deduct from its gross receipts included in that last statement any receipts it was unable to collect from its customers for the period of July 1, 2003, to June 30, 2004.
Sec. 5727.32. (A) For the purpose of the tax imposed
by section 5727.30 of the Revised Code, the statement
required by section 5727.31 of
the Revised Code shall contain:
(1) The name of the company;
(2) The nature of the company, whether a person,
association, or corporation, and under the laws of what state or
country organized;
(3) The location of its principal office;
(4) The name and post-office address of the president,
secretary, auditor, treasurer, and superintendent or general
manager;
(5) The name and post-office address of the chief officer
or managing agent of the company in this state;
(6) The amount of the excise taxes paid or to be paid with
the reports made during the current calendar year as provided by
section 5727.31 of the Revised Code;
(7) In the case of telegraph and telephone companies:
(a) The gross receipts from all sources, whether messages,
telephone tolls, rentals, or otherwise, for business done within
this state, including all sums earned or charged, whether
actually received or not, for the year ending on the thirtieth
day of June, and the company's proportion of gross receipts for
business done by it within this state in connection with other
companies, firms, corporations, persons, or associations, but
excluding all of the following:
(i) All of the receipts derived wholly from interstate
business or business done for or with the federal government;
(ii) The receipts of amounts billed on behalf of other
entities;
(iii) The receipts from sales to other telephone companies
for resale;
(iv) The receipts from sales to
providers of
telecommunications
service for resale, receipts from incoming or outgoing wide area
transmission service or wide area transmission type service,
including eight hundred or eight-hundred-type service, and
receipts from private communications service.
As used in this division, "receipts from sales to other
telephone companies for resale" and "receipts from sales to
providers of telecommunications service for resale" include but
are not limited to, receipts of carrier access charges. "Carrier
access charges" means compensation paid to the taxpayer telephone
company by another telephone company or by a provider of
telecommunications service for the use of the taxpayer's
facilities to originate or terminate telephone calls or
telecommunications service.
(b) The total gross receipts for such period from business
done within this state.
(8) In the case of all public utilities subject to the
tax imposed by section 5727.30 of the Revised Code,
except telegraph
and telephone companies:
(a) The gross receipts of the company, actually received,
from all sources for business done within this state for the year
next preceding the first day of May, including the company's
proportion of gross receipts for business done by it within this
state in connection with other companies, firms, corporations,
persons, or associations, but excluding all both of the following:
(i) Receipts from interstate business or business done for
the federal government;
(ii) Receipts from sales to another
public utility for
resale, provided such other public utility is subject to the tax
levied by section
5727.24 or 5727.30 of the Revised
Code;
(iii) Receipts from the transmission or delivery of electricity
to or for a rural electric company, provided that the electricity
that has been so transmitted or delivered is for resale by the
rural electric company. This division does not apply to tax years
2002 and thereafter.
(iv) Receipts of an electric company, derived from the provision
of electricity and other services to a qualified former owner of the
production facilities that
generated the electricity from which those receipts were derived.
This division does not apply to tax years 2002 and thereafter. As
used in this division, a "qualified former owner" means a person
who meets both of the following conditions:
(I) On or before October 11, 1991, the person had sold
to an
electric company part of the production facility at which the electricity is
generated, and, for at least twenty years prior to that
sale, the facility was used to generate electricity, but it was
not owned in whole or in part during that period by an electric
company.
(II) At the time the electric company provided the electricity or
other services for which the exclusion is claimed, the person, or
a successor or assign of the person, owned not less than twenty
per cent of the production facility and the rights to
not less than twenty per cent of the production of that facility;
and the person, or a successor or assign of the person, engaged
primarily in a business other than providing electricity to
others.
(v) Receipts of a combined company
derived from operating as a natural gas company
that is subject to
the tax imposed by section 5727.24 of the Revised Code.
(b) The total gross receipts of the
company, for the year next preceding the first day of
May, in this state from business done within the state.
(B) The reports required by section 5727.31 of the Revised Code
shall contain:
(1) The name and principal mailing address of the company;
(2) The total amount of the gross receipts excise taxes
charged or levied as based upon its last preceding annual
statement filed prior to the first day of January of the year in
which such report is filed;
(3) The amount of the excise taxes due with the report as
provided by section 5727.31 of the Revised Code.
Sec. 5727.33. (A) For the purpose of computing the excise
tax imposed by
section 5727.24 or 5727.30 of the Revised Code, the
entire gross receipts
actually received from all
sources for
business done within this state are taxable gross receipts,
excluding the receipts described in divisions (B), (C),
and (D), and
(E) of this section. The gross receipts for the
tax year of
each
telegraph and telephone company shall be computed for the period
of the
first day of July prior to the
tax year to the thirtieth
day of June of the tax year.
The gross receipts of each natural
gas company, including a combined
company's
taxable gross receipts
attributed to a natural gas company activity, shall be
computed in
the manner required by section
5727.25 of the Revised Code. The
gross
receipts for the tax year of any other
public utility
subject to section 5727.30 of the Revised
Code
shall be computed
for the period of the first
day of May prior to the tax year to
the
thirtieth day of April of
the tax year.
(B) In ascertaining and determining the gross receipts of
each public utility subject to this
section, the following gross
receipts are excluded:
(1) All receipts derived wholly from interstate business;
(2) All receipts derived wholly from business done for or
with the federal government;
(3)
All receipts derived wholly from the transmission or
delivery of
electricity to or for a rural electric company,
provided that the
electricity that has been so transmitted or
delivered is for resale by
the rural electric company. This
division does not apply to tax years
2002 and thereafter.
(4) All receipts from the sale of merchandise;
(5)(4) All receipts from sales to other public utilities,
except railroad, and telegraph, and telephone companies, for resale,
provided the other public utility is subject to the tax levied by
section
5727.24 or 5727.30 of the Revised Code.
(C) In ascertaining and determining the gross receipts of a
telephone company, the following gross receipts are excluded:
(1) Receipts of amounts billed on behalf of other
entities;
(2) Receipts from sales to other telephone companies for
resale, as defined in division (A)(7) of section 5727.32 of
the
Revised Code;
(3) Receipts from incoming or outgoing wide area
transmission
service or wide area transmission type service,
including eight
hundred or eight-hundred-type service;
(4) Receipts from private communications service as
described
in division (AA)(2) of section 5739.01 of the Revised
Code;
(5) Receipts from sales to providers of
telecommunications
service for resale, as defined in division (A)(7) of
section
5727.32
of the Revised Code.
(D) In ascertaining and determining the gross receipts of an
electric
company, receipts derived from the provision of
electricity and other
services to a qualified former owner of the
production facilities
that generated the electricity from which
those receipts were
derived are excluded. This division does not
apply to tax years
2002 and thereafter. As used in this division,
a
"qualified
former owner" means a person who meets both of the
following
conditions:
(1) On or before October 11, 1991, the person had sold to an
electric company part of the production facility at which the
electricity is
generated, and, for at least twenty years prior to
that sale, the facility was used to generate electricity, but it
was not owned in whole or part during that period by an electric
company.
(2) At the time the electric company provided the
electricity or
other services for which the exclusion is claimed,
the person, or a
successor or assign of the person, owned not less
than a twenty per cent
ownership of the production facility and
the rights to not less
than twenty per cent of the production of
that facility.
(E)(C) In ascertaining and determining the gross receipts of a
natural gas company, receipts billed
on behalf of other entities
are excluded.
The tax imposed by section 5729.811 of the Revised
Code, along with transportation and
billing and collection fees
charged to other entities,
shall be included in the gross receipts
of a natural gas company.
(F)(D) In ascertaining and determining the gross receipts of
a
combined company subject to the tax imposed by
section
5727.30 of
the Revised Code,
all receipts derived from operating as a natural
gas company that are
subject to the tax imposed by section 5727.24
of the
Revised Code are excluded.
(G)(E) Except as provided in division (H)(F)
of this section, the
amount ascertained by the commissioner under this
section, less a
deduction of twenty-five thousand dollars, shall
be the taxable
gross receipts of such companies for business done
within
this
state for that year.
(H)(F) The amount ascertained under this
section, less the
following deduction, shall be the taxable gross
receipts of a
natural gas company or combined company subject to the tax imposed
by section
5727.24 of the
Revised Code for business done within
this state:
(1) For a natural gas company that files quarterly returns
of the
tax imposed by section 5727.24 of the Revised Code, six
thousand
two hundred fifty dollars for each quarterly return;
(2) For a natural gas company that files an annual return of
the
tax imposed by section 5727.24 of the Revised Code,
twenty-five
thousand dollars for each annual return;
(3) For a combined company, twenty-five thousand
dollars on
the annual statement filed under section 5727.31 of the
Revised
Code. A combined company shall
not be entitled to a deduction in
computing gross receipts subject to the
tax imposed by section
5727.24 of the Revised Code.
Sec. 5727.56. 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. 5727.84. (A) As used in this section and sections
5727.85,
5727.86, and
5727.87 of the Revised Code:
(1)
"School district" means a city, local, or exempted
village
school district.
(2)
"Joint vocational school district" means a joint
vocational
school district created under section 3311.16 of the
Revised
Code,
and includes a cooperative education school district
created under
section 3311.52 or 3311.521 of the Revised Code and
a county
school financing district created under section 3311.50
of the
Revised Code.
(3)
"Local taxing unit" means a subdivision or taxing unit,
as defined in
section 5705.01 of the Revised Code, a park district
created under Chapter 1545. of the Revised Code, or
a township
park district established under section 511.23 of the Revised
Code,
but excludes
school districts
and joint vocational school
districts.
(4)
"State education aid" means the sum of
state
aid
amounts computed for a school
district
or joint vocational school
district
under
Chapter 3317. of the
Revised
Code.
(5)
"State education aid offset" means the amount
determined
for
each school district
or joint vocational school
district under
division (A)(1) of section 5727.85
of
the Revised
Code.
(6)
"Recognized valuation" has
the same meaning as
in
section
3317.02 of the Revised Code.
(7)
"Electric company tax value loss" means the amount
determined
under division (D) of this section.
(8)
"Natural gas company tax value loss" means the amount
determined under
division (E) of this section.
(9)
"Tax value loss" means the sum of the electric company
tax value loss and the
natural gas company tax value loss.
(10)
"Fixed-rate levy" means any tax levied on property
other
than
a fixed-sum levy.
(11)
"Fixed-rate levy loss" means the amount determined
under
division (G) of this section.
(12)
"Fixed-sum levy" means a tax levied on property at
whatever
rate is required to produce a specified amount of tax
money or
levied in excess of the ten-mill limitation to pay
debt
charges, and includes school district
emergency levies imposed
pursuant to section 5705.194 of the
Revised Code.
(13)
"Fixed-sum levy loss" means the amount determined
under
division (H) of this section.
(14)
"Consumer price index" means the consumer price
index
(all
items, all urban consumers) prepared by the bureau of labor
statistics
of the United States department of labor.
(B)
The kilowatt-hour tax receipts fund is hereby created
in
the state treasury and shall consist of money arising from the
tax
imposed by section
5727.81 of
the Revised Code. All money in
the
kilowatt-hour tax receipts fund shall be credited as follows:
(1) Fifty-nine and nine hundred seventy-six one-thousandths
per
cent, shall be
credited to the general
revenue fund.
(2) Two and six hundred forty-six one-thousandths per cent
shall
be credited to the local government fund, for distribution
in accordance
with section 5747.50 of the Revised Code.
(3) Three hundred seventy-eight one-thousandths per cent
shall be
credited to the local government revenue assistance fund,
for
distribution in accordance with section 5747.61 of the Revised
Code.
(4) Twenty-five and
four-tenths per cent
shall
be credited
to the school district
property tax replacement
fund,
which is
hereby created in the state
treasury for the
purpose of
making the
payments described in
section 5727.85 of the
Revised
Code.
(5) Eleven and
six-tenths per cent shall be
credited to the
local
government property tax replacement fund,
which is hereby
created in the
state treasury for the purpose of
making the
payments described in
section 5727.86 of the Revised
Code.
(6)
In fiscal years 2002, 2003, 2004, 2005, and 2006, if
the
revenue arising
from the tax levied by
section 5727.81 of the
Revised Code is less than five
hundred
fifty-two million
dollars,
the amount credited to the general
revenue fund under division
(B)(1) of this section shall be
reduced by the amount
necessary to
credit to each of the funds in
divisions
(B)(2)
and (3) of this
section the amount it
would have
received if the tax
did raise
five hundred fifty-two
million dollars for that
fiscal
year. The
tax commissioner shall
certify to the director of
budget and
management the amounts that
shall be credited under
this division.
(7) Beginning in fiscal year 2007, if the revenue arising
from the tax levied by section 5727.81 of the Revised Code is less
than five hundred fifty-two million dollars, the amount credited
to the general revenue fund under division (B)(1) of this section
shall be reduced by the amount necessary to credit to each of the
funds in divisions (B)(2), (3), (4), and (5) of this section the
amount that it would have received if the tax did raise five
hundred fifty-two million dollars for that fiscal year. The tax
commissioner shall certify to the director of budget and
management the amounts to be credited under division (B)(7) of
this section.
(C)
The natural
gas tax receipts fund is hereby created
in
the state treasury and
shall consist of money arising from the
tax
imposed by section
5727.811 of the
Revised Code. All money in
the
fund shall be credited as follows:
(1)
Sixty-eight and seven-tenths per cent shall be
credited
to
the school
district property tax replacement fund for
the
purpose
of making
the
payments described in section 5727.85 of
the
Revised
Code.
(2) Thirty-one and three-tenths per cent shall be credited
to the local
government
property tax replacement fund for the
purpose of making
the payments
described in section 5727.86 of the
Revised Code.
(3) Beginning in
fiscal year
2007,
if the revenue arising
from the tax levied by
section 5727.811 of the
Revised Code is
less than ninety million
dollars,
an
amount
equal to the
difference between
the amount collected and ninety million dollars
shall be
transferred from the general revenue fund
to
each of
the
funds in
divisions (C)(1) and
(2) of this section
in the same
percentages as if
that amount had been
collected as taxes under
section 5727.811 of
the Revised Code. The
tax
commissioner shall
certify to the
director of budget and
management the amounts that
shall be
transferred under this division.
(D)
Not later than January 1, 2002, the tax commissioner
shall
determine for each taxing district its electric company tax
value loss,
which is the sum
of the applicable amounts described in divisions
(D)(1) and (2) to (3) of
this section:
(1) The difference obtained by subtracting the amount
described
in division (D)(1)(b) from the amount described in
division
(D)(1)(a) of this section.
(a) The value of electric company and rural electric company
tangible personal property as assessed by the tax commissioner for
tax year
1998 on a preliminary
assessment, or an amended
preliminary assessment if issued prior to
March 1, 1999, and as
apportioned to the taxing district
for tax year 1998;
(b) The value of electric company and rural electric company
tangible personal property as assessed by the tax commissioner for
tax year 1998 had the property been apportioned to the taxing
district for tax year 2001, and assessed at the rates in effect
for tax year 2001.
(2) The difference obtained by subtracting the amount
described
in division (D)(2)(b) from the amount described in
division
(D)(2)(a) of this section.
(a) The three-year average for tax years 1996, 1997, and
1998 of
the assessed value from nuclear fuel materials and
assemblies assessed
against a person under Chapter 5711. of the
Revised Code
from the leasing of them to an electric company for
those respective tax
years, as reflected in the preliminary
assessments;
(b) The three-year average assessed value from nuclear fuel
materials and assemblies assessed under division (D)(2)(a)
of this
section for tax years 1996, 1997, and 1998, as reflected in the
preliminary
assessments, using an assessment rate of
twenty-five
per cent.
(3) In the case of a taxing district having a nuclear power plant within its territory, any amount, resulting in an electric company tax value loss, obtained by subtracting the amount described in division (D)(1) of this section from the difference obtained by subtracting the amount described in division (D)(3)(b) of this section from the amount described in division (D)(3)(a) of this section.
(a) The value of electric company tangible personal property as assessed by the tax commissioner for tax year 2000 on a preliminary assessment, or an amended preliminary assessment if issued prior to March 1, 2001, and as apportioned to the taxing district for tax year 2000;
(b) The value of electric company tangible personal property as assessed by the tax commissioner for tax year 2001 on a preliminary assessment, or an amended preliminary assessment if issued prior to March 1, 2002, and as apportioned to the taxing district for tax year 2001.
(E) Not later than January 1, 2002, the tax commissioner
shall determine for each taxing district its natural gas company
tax value
loss, which
is the sum of the amounts described in
divisions (E)(1) and
(2) of this section:
(1) The difference obtained by subtracting the amount
described
in division (E)(1)(b) from the amount described in
division
(E)(1)(a) of this section.
(a) The value of all natural gas company tangible personal
property, other than property described in division (E)(2) of this
section, as assessed by the tax commissioner for tax year 1999 on
a
preliminary assessment, or an
amended preliminary assessment if
issued prior to March 1, 2000,
and apportioned to the taxing
district for tax year 1999;
(b) The value of all natural gas company tangible personal
property, other than property described in division (E)(2) of this
section, as assessed by the tax commissioner for tax year 1999 had
the property been apportioned to the taxing district for tax year
2001, and assessed at the rates in effect for tax year 2001.
(2) The difference in the value of current gas obtained by
subtracting the amount described in division
(E)(2)(b) from the
amount described in division (E)(2)(a) of this
section.
(a) The three-year average assessed value of current gas as
assessed by the tax commissioner for tax years 1997, 1998, and
1999 on a
preliminary assessment, or an amended
preliminary
assessment if issued prior to March 1, 2001, and as
apportioned in
the taxing district for those respective years;
(b) The three-year average assessed value from current gas
under
division (E)(2)(a) of this section for tax years
1997, 1998,
and
1999, as reflected in the preliminary assessment, using an
assessment
rate of twenty-five per cent.
(F)
The tax commissioner may request that natural gas
companies,
electric companies, and rural
electric companies file a
report to help determine the tax value loss
under divisions (D)
and (E) of
this section. The report shall be filed
within thirty
days of the commissioner's request. A company that fails to
file
the report or does not timely file the
report is subject to the
penalty in section 5727.60 of the Revised
Code.
(G) Not later than January 1, 2002, the tax commissioner
shall
determine for each school district, joint vocational school
district, and
local taxing unit its fixed-rate levy loss, which is
the sum of its
electric company tax value loss
multiplied by
the
tax rate in effect in tax year 1998 for fixed-rate levies and its
natural gas company tax value loss multiplied by the tax rate in
effect in tax
year 1999 for fixed-rate levies.
(H) Not later than January 1, 2002, the tax commissioner
shall
determine for each school district, joint vocational school
district, and
local taxing unit its fixed-sum levy loss, which is
the amount obtained by subtracting the amount described in
division (H)(2) of this section from the amount described
in
division (H)(1) of this section:
(1) The sum of the electric company tax value loss
multiplied by the
tax rate in effect in
tax year 1998, and the
natural gas company tax value loss multiplied
by the tax rate in
effect in tax year 1999, for fixed-sum levies
for all taxing
districts within
each school district, joint vocational school
district, and local
taxing unit. For the years 2002 through 2006,
this computation shall
include school district emergency levies
that existed in 1998
in the case
of the electric company tax value
loss, and 1999 in the case of the natural
gas company tax value
loss, and
all other fixed-sum levies that existed in 1998 in the
case of the electric
company tax value loss and 1999 in the case
of the natural gas company tax
value loss
and continue to be
charged in the tax year preceding the distribution year. For the
years 2007
through 2016 in the case of school district emergency
levies, and for all
years after 2006 in the case of all other
fixed-sum levies, this
computation shall exclude all
fixed-sum
levies that
existed in 1998 in the case of the electric company
tax value loss and 1999
in the case of the natural gas company tax
value loss, but are no
longer in effect in the tax year
preceding
the distribution year. For the purposes of this section, an
emergency levy that existed in 1998 in the case of the electric
company tax
value loss, and 1999 in the case of the natural gas
company tax value
loss, continues to exist in a year beginning on
or after January 1, 2007, but before January 1, 2017, if, in
that
year, the board of education levies a school district emergency
levy for
an annual sum at least equal to the annual sum levied by
the board in tax year
1998 or 1999, respectively, less the amount
of the payment
certified under
this division for 2002.
(2) The total taxable value in tax year
1999 less the tax
value loss in each school
district, joint
vocational school
district, and local taxing unit
multiplied by
one-fourth of one
mill.
If the amount computed under division
(H) of this section
for any
school district, joint vocational school district, or
local taxing unit is
greater than zero, that amount shall equal
the fixed-sum levy loss reimbursed
pursuant to division (E) of
section 5727.85 of the
Revised Code or division (A)(2)
of section
5727.86 of the Revised Code, and the one-fourth of one
mill that
is subtracted under division (H)(2) of this section
shall be
apportioned
among
all contributing fixed-sum levies in the
proportion of each levy to the sum of
all fixed-sum levies within
each school district,
joint vocational school district, or local
taxing unit.
(I) Notwithstanding divisions (D),
(E), (G), and (H) of
this section, in
computing the tax value loss, fixed-rate levy
loss, and fixed-sum levy loss, the tax commissioner shall use the
greater of
the 1998 tax rate or the 1999 tax rate in the case of
levy losses
associated with the electric company tax value loss,
but the 1999 tax rate
shall not
include for this purpose any tax
levy approved by the voters after
June 30, 1999, and the tax
commissioner shall use the greater of the
1999 or the 2000 tax
rate in the case of levy losses associated with the
natural gas
company tax value loss.
(J) Not later than January 1, 2002, the tax commissioner
shall certify to the department of education the tax value loss
determined
under divisions (D) and (E) of this section for each
taxing
district, the fixed-rate levy
loss calculated under
division (G) of this section, and the
fixed-sum levy loss
calculated under division (H) of this section.
The calculations
under divisions (G) and (H) of this section shall
separately
display the levy loss for each levy eligible for
reimbursement.
(K)
Not later than September 1, 2001, the tax commissioner
shall
certify the amount of the fixed-sum levy loss to the county
auditor of each county in which a school district with a fixed-sum
levy loss has territory.
Sec. 5728.04. (A) It
is unlawful
for any
person to operate a
commercial car
with three or
more axles when operated
alone or as
part of a
commercial tandem,
a commercial car
with two axles that
is to be
operated as part of
a commercial tandem
with a gross
vehicle
weight or a registered
gross vehicle weight exceeding
twenty-six
thousand pounds, or a
commercial tractor when operated
alone
or as
part of a
commercial
tractor combination or commercial
tandem on a
public highway
without under either of the following circumstances:
(1) Without a valid
fuel use permit for
such
commercial car or
commercial tractor.
(2) With a suspended or surrendered fuel use permit for such commercial car or commercial tractor.
(B) The judge or magistrate of any court finding any person
guilty of unlawfully
operating a commercial car or commercial
tractor as provided for in this
section shall immediately notify
the tax commissioner of such violation and
shall transmit to the tax
commissioner the name and the permanent address of the
owner of
the commercial car or commercial tractor operated in violation of
this
section, the registration number, the state of registration,
and the
certificate of title number of the commercial car or
commercial tractor. The commercial car or commercial tractor involved in a violation of division (A)(1) or (2) of this section may be detained until a valid fuel use permit is obtained or reinstated.
Sec. 5728.06.
(A) For the following purposes, an excise tax
is
hereby imposed
on the use of motor fuel to operate on the
public
highways of this
state a commercial car with three or more
axles
operated alone or
as part of a commercial tandem, a
commercial car
with two axles
operated as part of a commercial
tandem having a
gross vehicle
weight or registered gross vehicle
weight exceeding
twenty-six
thousand pounds, or a commercial
tractor operated alone
or as part
of a commercial tractor
combination or commercial
tandem: to
provide revenue for
maintaining the
state highway
system, to widen
existing surfaces
on such
highways,
to resurface
such highways, to
enable the
counties of
the state
properly to
plan for, maintain,
and repair
their roads,
to enable
the
municipal corporations to
plan,
construct,
reconstruct,
repave,
widen, maintain, repair,
clear,
and clean
public highways,
roads,
and streets; to pay that
portion
of the
construction cost
of a
highway project that a
county,
township,
or municipal
corporation
normally would be
required to
pay, but
that 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
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
section 4907.47 of the Revised
Code; and to
supplement revenue
already available for such
purposes, to
distribute equitably among
those persons using the
privilege of
driving motor vehicles upon
such highways and streets
the cost of
maintaining and repairing
the same, and to pay the
interest,
principal, and charges on bonds
and other obligations
issued
pursuant to Section 2i of Article
VIII, Ohio Constitution,
and
sections 5528.30 and 5528.31 of the
Revised Code. The tax is
imposed in the same amount as the motor
fuel tax imposed under
Chapter 5735. of the Revised Code plus an
additional tax of three
cents per gallon of motor fuel used before July 1, 2004, and an provided that the additional tax of shall be reduced to two cents per gallon of motor fuel used before from July 1, 2004 through June 30, 2005,
as determined
by the
gallons consumed while
operated on
the public highways of this
state. Subject to section 5735.292 of the Revised Code, on and after July 1, 2005, the tax shall be imposed in the same amount as the motor fuel tax imposed under Chapter 5735. of the Revised Code. Payment of the
fuel use tax
shall be made by the purchase
of motor
fuel within
Ohio of such
gallons as is equivalent to the
gallons consumed
while operating
such a motor vehicle on the
public
highways of
this state, or by
direct remittance to the
treasurer
of state with
the fuel use
tax return filed pursuant to
section 5728.08 of the
Revised Code.
Any person subject to the tax imposed under this section who
purchases
motor fuel in this state for use in another state in
excess of the
amount consumed while operating such motor vehicle
on the public
highways of this state shall be allowed a credit
against the tax
imposed by this section or a
refund equal to
the
motor fuel tax paid to this state on
such excess. No such
credit
or refund shall be allowed for taxes
paid to any state that
imposes a tax on motor fuel
purchased or obtained in this state
and used on the highways of
such other state but does not
allow a
similar credit or
refund for the tax paid to this state on
motor
fuel
purchased or acquired in the other state and used on
the
public
highways of this state.
The tax commissioner is authorized to determine whether
such
credits or refunds are available and to prescribe such rules
as
are required for the purpose of administering this chapter.
(B) Within sixty days after the last day of each month,
the
tax
commissioner shall determine the amount of motor fuel
tax
allowed
as a credit against the tax imposed by this section. The
commissioner shall certify the amount
to the
director of budget
and management and the treasurer of
state, who
shall credit the
amount in accordance with section
5728.08 of the
Revised Code from
current revenue arising from the
tax levied by
section 5735.05 of
the Revised Code.
(C) The owner of each commercial car and commercial tractor
subject to sections 5728.01 to 5728.14 of the Revised Code
is
liable for the payment of the full amount of the taxes
imposed by
this section.
An owner who is a person regularly engaged, for
compensation,
in the business of leasing or renting motor
vehicles without
furnishing drivers may designate that the lessee
of a motor
vehicle leased for a period of thirty days or more
shall report
and pay the tax incurred during the duration of the
lease. An
owner who is an independent contractor that furnishes
both the
driver and motor vehicle, may designate that the person
so
furnished with the driver and motor vehicle for a period of
thirty
days or more shall report and pay the tax incurred during
that
period. An independent contractor that is not an owner, but
that
furnishes both the driver and motor vehicle and that has
been
designated by the owner of the motor vehicle to report and
pay the
tax, may designate that the person so furnished with
driver and
motor vehicle for a period of thirty days or more
shall report and
pay the tax incurred during that period.
Sec. 5728.99. (A)(1) Except as provided in
division (A)(2) of this section, whoever violates any
provision of sections 5728.01 to
5728.14 of the Revised Code, or any rule promulgated by the tax
commissioner under the authority of any provision of those
sections, for the
violation of which no penalty is provided elsewhere, shall be
fined not less than twenty-five nor more than one hundred
dollars.
(2) Division (A)(1) of this section does not apply to
the filing of any false or fraudulent return, application, or permit under
section 5728.02, 5728.03, or 5728.08 of the Revised Code. The filing of any
false or
fraudulent return, application, or permit under any of those sections is a
violation of section 2921.13 of the Revised Code.
(B)(1) Whoever violates division (A)(1) of section 5728.04 of the Revised Code
is guilty of a misdemeanor of the fourth degree.
(2) Whoever violates division (A)(2) of section 5728.04 of the Revised Code is guilty of a felony of the fifth degree.
Sec. 5733.04. As used in this chapter:
(A) "Issued and outstanding shares of stock" applies to
nonprofit corporations, as provided in section 5733.01 of the
Revised Code, and includes, but is not limited to, membership
certificates and other instruments evidencing ownership of an
interest in such nonprofit corporations, and with respect to a
financial institution that does not have capital stock,
"issued
and outstanding shares of stock" includes, but is not limited to,
ownership interests of depositors in the capital employed in such
an institution.
(B) "Taxpayer" means a corporation subject to the tax
imposed by section 5733.06 of the Revised Code.
(C) "Resident" means a corporation organized under the
laws
of this state.
(D) "Commercial domicile" means the principal place from
which the trade or business of the taxpayer is directed or
managed.
(E) "Taxable year" means the
period prescribed by division
(A) of section 5733.031 of the Revised Code
upon
the net income of
which the value of the taxpayer's issued and
outstanding shares of
stock is determined
under division (B) of
section 5733.05 of the
Revised Code or the period prescribed
by division (A) of section
5733.031 of the Revised
Code that immediately precedes
the date as
of which the total value of the corporation is determined under
division
(A) or (C) of section 5733.05 of the Revised Code.
(F) "Tax year" means the calendar year in and for which
the
tax imposed by section 5733.06 of the Revised Code
is required to
be paid.
(G) "Internal Revenue Code" means the "Internal Revenue
Code
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.
(H) "Federal income tax" means the income tax imposed by
the
Internal Revenue Code.
(I) Except as provided in section 5733.058 of the Revised
Code, "net
income" means the taxpayer's taxable income
before
operating loss deduction and special deductions, as
required to be
reported for the taxpayer's taxable year under the
Internal
Revenue Code, subject to the following adjustments:
(1)(a) Deduct any net operating loss incurred in any
taxable
years ending in 1971 or thereafter, but exclusive of any
net
operating loss incurred in taxable years ending prior to
January
1, 1971. This deduction shall not be allowed in any tax
year
commencing before December 31, 1973, but shall be carried
over and
allowed in tax years commencing after December 31, 1973,
until
fully utilized in the next succeeding taxable year or years
in
which the taxpayer has net income, but in no case for more
than
the designated carryover period as described in division
(I)(1)(b)
of this section. The amount of such net operating
loss, as
determined under the allocation and apportionment
provisions of
section 5733.051 and division (B) of section
5733.05 of the
Revised Code for the year in which the net
operating loss occurs,
shall be deducted from net income, as
determined under the
allocation and apportionment provisions of
section 5733.051 and
division (B) of section 5733.05 of the
Revised Code, to the extent
necessary to reduce net income to
zero with the remaining unused
portion of the deduction, if any,
carried forward to the remaining
years of the designated
carryover period as described in division
(I)(1)(b) of this
section, or until fully utilized, whichever
occurs first.
(b) For losses incurred in taxable years ending on or
before
December 31, 1981, the designated carryover period shall
be the
five consecutive taxable years after the taxable year in
which the
net operating loss occurred. For losses incurred in
taxable years
ending on or after January 1, 1982, and beginning before August 6,
1997, the designated
carryover
period shall be the fifteen
consecutive taxable years
after the
taxable year in which the net
operating loss occurs. For losses incurred in taxable years
beginning on or after August 6, 1997, the designated carryover
period shall be the twenty consecutive taxable years after the
taxable year in which the net operating loss occurs.
(c) The tax commissioner may require a taxpayer to furnish
any information necessary to support a claim for deduction under
division (I)(1)(a) of this section and no deduction shall be
allowed unless the information is furnished.
(2) Deduct any amount included in net income by
application
of section 78 or 951 of the Internal Revenue Code,
amounts
received for royalties, technical or other services
derived from
sources outside the United States, and dividends
received from a
subsidiary, associate, or affiliated corporation
that neither
transacts any substantial portion of its business
nor regularly
maintains any substantial portion of its assets
within the United
States. For purposes of determining net
foreign source income
deductible under division (I)(2) of this
section, the amount of
gross income from all such sources other
than
dividend income and
income derived by application of section 78 or 951 of the
Internal
Revenue Code shall be reduced by:
(a) The amount of any reimbursed expenses for personal
services performed by employees of the taxpayer for the
subsidiary, associate, or affiliated corporation;
(b) Ten per cent of the amount of royalty income and
technical assistance fees;
(c) Fifteen per cent of the amount of
all
other income.
The amounts described in divisions (I)(2)(a) to (c) of this
section are deemed to be the expenses attributable to the
production of deductible foreign source income unless the
taxpayer
shows, by clear and convincing evidence, less actual
expenses, or
the tax commissioner shows, by clear and convincing
evidence, more
actual expenses.
(3) Add any loss or deduct any gain resulting from the
sale,
exchange, or other disposition of a capital asset, or an
asset
described in section 1231 of the Internal Revenue Code, to
the
extent that such loss or gain occurred prior to the first
taxable
year on which the tax provided for in section 5733.06 of
the
Revised Code is computed on the corporation's net income.
For
purposes of division (I)(3) of this section, the amount of
the
prior loss or gain shall be measured by the difference
between the
original cost or other basis of the asset and the
fair market
value as of the beginning of the first taxable year
on which the
tax provided for in section 5733.06 of the Revised
Code is
computed on the corporation's net income. At the option
of the
taxpayer, the amount of the prior loss or gain may be a
percentage
of the gain or loss, which percentage shall be
determined by
multiplying the gain or loss by a fraction, the
numerator of which
is the number of months from the acquisition
of the asset to the
beginning of the first taxable year on which
the fee provided in
section 5733.06 of the Revised Code is
computed on the
corporation's net income, and the denominator of
which is the
number of months from the acquisition of the asset
to the sale,
exchange, or other disposition of the asset.
The adjustments
described
in this division do not apply to any gain or loss where
the gain or loss
is recognized by a qualifying taxpayer, as
defined in section 5733.0510
of the Revised Code, with respect to
a qualifying taxable
event,
as defined in that section.
(4) Deduct the dividend received deduction provided by
section 243 of the Internal Revenue Code.
(5) Deduct any interest or interest equivalent on public
obligations and purchase obligations to the extent included in
federal taxable income. As used in divisions (I)(5) and (6) of
this section, "public obligations," "purchase obligations," and
"interest or interest equivalent" have the same meanings as in
section 5709.76 of the Revised Code.
(6) Add any loss or deduct any gain resulting from the
sale,
exchange, or other disposition of public obligations to the
extent
included in federal taxable income.
(7) To the extent not otherwise allowed, deduct any
dividends or distributions received by a taxpayer from a public
utility, excluding an electric company and a combined company, and, for tax years 2005 and thereafter, a telephone company, if the taxpayer owns at
least eighty per cent of the
issued and outstanding common stock
of the public utility. As used in
division (I)(7) of this
section, "public utility" means a
public utility as defined in
Chapter 5727. of the Revised
Code, whether or not the public
utility is doing business in the state.
(8) To the extent not otherwise allowed, deduct any
dividends received by a taxpayer from an insurance company, if
the
taxpayer owns at least eighty per cent of the issued and
outstanding common stock of the insurance company. As used in
division (I)(8) of this section, "insurance company" means an
insurance company that is taxable under Chapter 5725. or
5729. of
the Revised Code.
(9) Deduct expenditures for modifying existing buildings
or
structures to meet American national standards institute
standard
A-117.1-1961 (R-1971), as amended; provided, that no
deduction
shall be allowed to the extent that such deduction is
not
permitted under federal law or under rules of the tax
commissioner. Those deductions as are allowed may be taken over
a
period of five years. The tax commissioner shall adopt rules
under Chapter 119. of the Revised Code establishing reasonable
limitations on the extent that expenditures for modifying
existing
buildings or structures are attributable to the purpose
of making
the buildings or structures accessible to and usable by
physically
handicapped persons.
(10) Deduct the amount of wages and salaries, if any, not
otherwise allowable as a deduction but that would have been
allowable as a deduction in computing federal taxable income
before operating loss deduction and special deductions for the
taxable year, had the targeted jobs credit allowed and determined
under sections 38, 51, and 52 of the Internal Revenue Code not
been in effect.
(11) Deduct net interest income on obligations of the
United
States and its territories and possessions or of any
authority,
commission, or instrumentality of the United States to
the extent
the laws of the United States prohibit inclusion of
the net
interest for purposes of determining the value of the
taxpayer's
issued and outstanding shares of stock under division
(B) of
section 5733.05 of the Revised Code. As used in division
(I)(11)
of this section, "net interest" means interest net of any
expenses
taken on the federal income tax return that would not
have been
allowed under section 265 of the Internal Revenue Code
if the
interest were exempt from federal income tax.
(12)(a) Except as set forth in division (I)(12)(d) of this
section, to the extent not included in computing the taxpayer's
federal taxable income before operating loss deduction and
special
deductions, add gains and deduct losses from direct or
indirect
sales, exchanges, or other dispositions, made by a
related entity
who is not a taxpayer, of the taxpayer's indirect,
beneficial, or
constructive investment in the stock or debt of
another entity,
unless the gain or loss has been included in
computing the
federal
taxable
income
before operating loss
deduction and special
deductions of another taxpayer with a more
closely related
investment in the stock or debt of the other
entity. The amount
of gain added or loss deducted shall not
exceed the product
obtained by multiplying such gain or loss by
the taxpayer's
proportionate share, directly, indirectly,
beneficially, or
constructively, of the outstanding stock of the
related entity
immediately prior to the direct or indirect sale,
exchange, or
other disposition.
(b) Except as set forth in division (I)(12)(e) of this
section, to the extent not included in computing the taxpayer's
federal taxable income before operating loss deduction and
special
deductions, add gains and deduct losses from direct or
indirect
sales, exchanges, or other dispositions made by a
related entity
who is not a taxpayer, of intangible property
other than stock,
securities, and debt, if such property was
owned, or used in whole
or in part, at any time prior to or at
the time of the sale,
exchange, or disposition by either the
taxpayer or by a related
entity that was a taxpayer at any time
during the related entity's
ownership or use of such property,
unless the gain or loss has
been included in computing the
federal taxable
income
before
operating loss deduction and
special deductions of another
taxpayer with a more closely
related ownership or use of such
intangible property. The
amount of gain added or loss deducted
shall not exceed the
product obtained by multiplying such gain or
loss by the
taxpayer's proportionate share, directly, indirectly,
beneficially, or constructively, of the outstanding stock of the
related entity immediately prior to the direct or indirect sale,
exchange, or other disposition.
(c) As used in division (I)(12) of this section, "related
entity" means those entities described in divisions (I)(12)(c)(i)
to (iii) of this section:
(i) An individual stockholder, or a member of the
stockholder's family enumerated in section 318 of the Internal
Revenue Code, if the stockholder and the members of the
stockholder's family own, directly, indirectly, beneficially, or
constructively, in the aggregate, at least fifty per cent of the
value of the taxpayer's outstanding stock;
(ii) A stockholder, or a stockholder's partnership,
estate,
trust, or corporation, if the stockholder and the
stockholder's
partnerships, estates, trusts, and corporations own
directly,
indirectly, beneficially, or constructively, in the
aggregate, at
least fifty per cent of the value of the taxpayer's
outstanding
stock;
(iii) A corporation, or a party related to the corporation
in a manner that would require an attribution of stock from the
corporation to the party or from the party to the corporation
under division (I)(12)(c)(iv) of this section, if the taxpayer
owns, directly, indirectly, beneficially, or constructively, at
least fifty per cent of the value of the corporation's
outstanding
stock.
(iv) The attribution rules of section 318 of the Internal
Revenue Code apply for purposes of determining whether the
ownership requirements in divisions (I)(12)(c)(i) to (iii) of
this
section have been met.
(d) For purposes of the adjustments required by division
(I)(12)(a) of this section, the term "investment in the stock or
debt of another entity" means only those investments where the
taxpayer and the taxpayer's related entities directly,
indirectly,
beneficially, or constructively own, in the
aggregate, at any time
during the twenty-four month period
commencing one year prior to
the direct or indirect sale,
exchange, or other disposition of
such investment at least fifty
per cent or more of the value of
either the outstanding stock or
such debt of such other entity.
(e)
For purposes of the adjustments required by division
(I)(12)(b) of this section, the term "related entity" excludes
all
of the following:
(i) Foreign corporations as defined in section 7701 of the
Internal Revenue Code;
(ii) Foreign partnerships as defined in section 7701 of
the
Internal Revenue Code;
(iii) Corporations, partnerships, estates, and trusts
created or organized in or under the laws of the Commonwealth of
Puerto Rico or any possession of the United States;
(iv) Foreign estates and foreign trusts as defined in
section 7701 of the Internal Revenue Code.
The exclusions described in divisions (I)(12)(e)(i) to (iv)
of this section do not apply if the corporation, partnership,
estate, or trust is described in
any one of divisions
(C)(1) to
(5) of section 5733.042 of the Revised Code.
(f) Nothing in division (I)(12) of this section shall
require or permit a taxpayer to add any gains or deduct any
losses
described in divisions (I)(12)(f)(i) and (ii) of this
section:
(i) Gains or losses recognized for federal income tax
purposes by an individual, estate, or trust without regard to the
attribution rules described in division (I)(12)(c) of this
section;
(ii) A related entity's gains or losses described in
division (I)(12)(b)
of this section if the taxpayer's ownership of
or use of such
intangible property was limited to a period not
exceeding nine
months and was attributable to a transaction or a
series of
transactions executed in accordance with the election or
elections
made by the taxpayer or a related entity pursuant to
section 338
of the Internal Revenue Code.
(13) Any adjustment required by section 5733.042 of the
Revised Code.
(14) Add any amount claimed as a
credit under section
5733.0611 of the
Revised
Code to the extent that such
amount
satisfies either of the following:
(a) It was deducted or excluded from the computation of the
corporation's
taxable income before operating loss deduction and
special
deductions as required to be reported for the
corporation's
taxable year under the Internal
Revenue
Code;
(b) It resulted in a reduction of the corporation's taxable
income
before operating loss deduction and special deductions as
required to be reported for any of the corporation's taxable
years
under the Internal
Revenue
Code.
(15) Deduct the amount contributed by
the taxpayer to an
individual development account program
established by a county
department of job and family
services pursuant to
sections 329.11
to 329.14 of the
Revised
Code for the purpose of
matching funds
deposited by program participants. On request of
the tax
commissioner, the taxpayer shall provide any information
that, in
the tax commissioner's opinion, is necessary to
establish the
amount deducted under division
(I)(15) of this section.
(16) Any adjustment required by section 5733.0510 or 5733.0511 of the
Revised Code.
(17)(a) Add five-sixths of the amount of depreciation
expense allowed under subsection (k) of section 168 of the
Internal Revenue Code, including a person's proportionate or
distributive share of the amount of depreciation expense allowed
by that subsection to
any pass-through entity in which the person
has direct or indirect
ownership. The tax commissioner, under
procedures established by the commissioner, may waive the add-back
related to a pass-through entity if the person owns, directly or
indirectly, less than five per cent of the pass-through entity.
(b) Nothing in division (I)(17) of this section shall be
construed to adjust or modify the adjusted basis of any asset.
(c) To the extent the add-back is attributable to property
generating income or loss allocable under section 5733.051 of the
Revised Code, the add-back shall be allocated to the same location
as the income or loss generated by that property. Otherwise, the
add-back shall be apportioned, subject to division (B)(2)(d) of
section 5733.05 of the Revised Code.
(18)(a) If a person is required to make the add-back under
division (I)(17)(a) of this section for a tax year, the person
shall deduct one-fifth of the amount added back for each of the
succeeding five tax years.
(b) If the amount deducted under division (I)(18)(a) of
this
section is attributable to an add-back allocated under
division
(I)(17)(c) of this section, the amount deducted shall be
allocated
to the same location. Otherwise, the amount shall be
apportioned
using the apportionment factors for the taxable year
in which the
deduction is taken, subject to division (B)(2)(d) of
section
5733.05 of the Revised Code.
(J) Any term used in this chapter has the same meaning as
when used in comparable context in the laws of the United States
relating to federal income taxes unless a different meaning is
clearly required. Any reference in this chapter to the Internal
Revenue Code includes other laws of the United States relating to
federal income taxes.
(K) "Financial institution" has the meaning given by
section
5725.01 of the Revised Code
but does not include a production
credit association as
described in 85 Stat. 597, 12
U.S.C.A.
2091.
(L)(1) A
"qualifying holding company" is any corporation
satisfying all of the following requirements:
(a) Subject to divisions
(L)(2) and (3) of this section,
the
net book value of the corporation's intangible assets is
greater
than or equal to ninety per cent of the net book value of
all of
its assets and at least fifty per cent of the net book
value of
all of its assets represents direct or indirect
investments in the
equity of, loans and advances to, and
accounts receivable due from
related members;
(b) At least ninety per cent of the
corporation's gross
income for the taxable year is attributable
to the following:
(i) The maintenance, management, ownership, acquisition,
use, and
disposition of its intangible property, its
aircraft the
use of which is not subject to regulation under 14
C.F.R.
part 121
or part 135, and any real property described in
division
(L)(2)(c)
of this section;
(ii) The collection and distribution
of income from such
property.
(c) The corporation is not a
financial institution on the
last day of the taxable year
ending prior to the first day
of the
tax year;
(d) The corporation's related members
make a good faith and
reasonable effort to make timely and fully
the adjustments
required by division
(C)(2) of section 5733.05 of
the Revised
Code
and to pay timely and fully all uncontested taxes, interest,
penalties, and other fees and charges imposed under this chapter;
(e) Subject to division
(L)(4) of this section, the
corporation elects to be treated as a qualifying holding company
for the tax year.
A corporation otherwise satisfying divisions
(L)(1)(a)
to (e)
of this section that does not elect
to be a qualifying holding
company is not a qualifying holding
company for the purposes of
this chapter.
(2)(a)(i) For
purposes of making the ninety per cent
computation under
division
(L)(1)(a)
of this section, the net book
value of the corporation's assets
shall not include the net book
value of aircraft or real
property described in division
(L)(1)(b)(i)
of this section.
(ii) For purposes of making the fifty
per cent computation
under division
(L)(1)(a)
of this section, the net book value of
assets shall include the
net book value of aircraft or real
property described in
division
(L)(1)(b)(i)
of this section.
(b)(i) As used in division (L) of
this section, "intangible
asset" includes, but is not limited
to, the corporation's direct
interest in each pass-through
entity only if at all times during
the corporation's taxable
year ending prior to the first day of
the tax year the
corporation's and the corporation's related
members' combined
direct and indirect interests in the capital or
profits of such
pass-through entity do not exceed fifty per cent.
If the
corporation's interest in the pass-through entity is an
intangible asset for that taxable year, then the distributive
share of any income from the pass-through entity shall be
income
from an intangible asset for that taxable year.
(ii) If a corporation's and the
corporation's related
members' combined direct and indirect
interests in the capital or
profits of a pass-through entity
exceed fifty per cent at any time
during the corporation's
taxable year ending prior to the first
day of the tax year,
"intangible asset" does not include the
corporation's direct
interest in the pass-through entity, and the
corporation shall
include in its assets its proportionate share of
the assets of
any such pass-through entity and shall include in
its gross
income its distributive share of the gross income of
such
pass-through entity in the same form as was earned by the
pass-through
entity.
(iii) A pass-through entity's direct
or indirect
proportionate share of any other pass-through
entity's assets
shall be included for the purpose of computing
the corporation's
proportionate share of the pass-through
entity's assets under
division
(L)(2)(b)(ii)
of this section, and such pass-through
entity's distributive share of any
other pass-through entity's
gross income shall be included for purposes of computing the
corporation's distributive share of the pass-through entity's
gross income under division
(L)(2)(b)(ii)
of this section.
(c) For the purposes of divisions
(L)(1)(b)(i), (1)(b)(ii),
(2)(a)(i), and
(2)(a)(ii) of this
section, real property is
described in division
(L)(2)(c)
of this section only if all of the
following conditions are
present at all times during the taxable
year ending prior to the
first day of the tax year:
(i) The real property serves as the
headquarters of the
corporation's trade or business, or is the
place from which the
corporation's trade or business is
principally managed or
directed;
(ii) Not more than ten per cent of
the value of the real
property and not more than ten per cent of the square
footage of
the building or buildings that are part of the real property is
used, made available, or occupied for the purpose of providing,
acquiring,
transferring, selling, or
disposing of tangible
property or services in the normal course
of business to persons
other than related
members, the corporation's employees and their
families, and
such related members' employees and their families.
(d) As used in division (L) of this section, "related
member" has the same
meaning as in division (A)(6)
of section
5733.042 of the
Revised
Code without regard to division
(B) of
that section.
(3) The percentages described in division
(L)(1)(a)
of this
section shall be equal to the quarterly average of
those
percentages as calculated during the corporation's taxable
year
ending prior to the first day of the
tax year.
(4) With respect to the election described in division
(L)(1)(e)
of this section:
(a) The election need not accompany a
timely filed report;
(b) The election need not accompany the report; rather,
the
election may accompany a subsequently filed but timely
application
for refund and timely
amended report, or a subsequently filed but
timely petition for
reassessment;
(c) The election is not
irrevocable;
(d) The election applies only to the
tax year specified by
the corporation;
(e) The corporation's related members comply with division
(L)(1)(d) of this section.
Nothing in division
(L)(4) of this section shall be
construed
to extend any statute of limitations set forth in this
chapter.
(M) "Qualifying
controlled group" means two or more
corporations that
satisfy the ownership and control requirements
of division
(A) of section 5733.052 of the
Revised
Code.
(N) "Limited liability company" means any limited
liability
company formed under Chapter 1705. of the Revised
Code or under
the laws of any other state.
(O) "Pass-through entity" means
a corporation that has made
an election
under subchapter S of Chapter 1 of Subtitle
A of the
Internal
Revenue
Code
for its taxable year under that code, or a
partnership, limited
liability company, or any other person, other
than an
individual, trust, or estate, if the partnership, limited
liability company, or other person is not classified for federal
income tax purposes as an association taxed as a
corporation.
(P) "Electric company," and "combined company," and "telephone company" have the same
meanings as in section 5727.01
of the Revised Code.
Sec. 5733.05. As used in this section,
"qualified
research"
means laboratory research, experimental research, and
other
similar types of research; research in developing or
improving a
product; or research in developing or improving the
means of
producing a product. It does not include market
research,
consumer surveys, efficiency surveys, management
studies, ordinary
testing or inspection of materials or products
for quality
control, historical research, or literary research.
"Product" as
used in this paragraph does not include services or
intangible
property.
The annual report determines the value of the
issued and
outstanding shares of stock of the taxpayer, which
under division
(A) or divisions (B) and (C) of this
section is the base or
measure
of the franchise tax liability. Such determination shall
be made
as of the date shown by the report to have been the
beginning of
the corporation's annual accounting period that
includes the
first day of January of the tax year. For the
purposes
of this
chapter, the value of the issued and outstanding
shares
of stock
of any corporation that is a financial institution
shall be
deemed to be the value as
calculated in accordance with
division (A) of this
section.
For the purposes of this chapter,
the value of the issued
and outstanding shares of stock of any
corporation that is not a
financial institution shall be deemed to
be the values as
calculated in accordance with divisions
(B) and
(C) of this section.
Except as otherwise required by this section
or section 5733.056 of the Revised Code, the value of a taxpayer's
issued and outstanding shares of stock under division (A) or (C)
of this section does not include any amount
that is treated as a
liability under generally accepted accounting
principles.
(A) The total value, as shown by the books of the financial
institution,
of its capital, surplus, whether earned or unearned,
undivided
profits, and reserves
shall be determined as prescribed
by
section 5733.056 of the Revised Code for tax years 1998 and
thereafter.
(B) The sum of the corporation's net income during the
corporation's taxable year, allocated or apportioned to
this state
as
prescribed in divisions (B)(1) and (2) of this
section, and
subject to sections 5733.052, 5733.053,
5733.057, 5733.058,
5733.059, and 5733.0510 of the Revised Code:
(1) The net income allocated to this state as provided by
section 5733.051 of the Revised Code.
(2) The amount of Ohio apportioned net income from sources
other than those allocated under section 5733.051 of the Revised
Code, which shall be determined by multiplying the corporation's
net income by a fraction. The numerator of
the fraction is the
sum of the following
products:
the property
factor multiplied by
twenty, the payroll factor
multiplied by twenty, and the sales
factor
multiplied by sixty. The denominator of
the fraction is
one hundred, provided
that
the denominator shall be reduced by
twenty if the property factor has a denominator of zero,
by twenty
if the payroll factor has a denominator of zero, and
by sixty if
the sales factor has a denominator of zero.
The property, payroll, and sales factors shall be determined
as follows:
(a) The property factor is a fraction the numerator of
which
is the average value of the corporation's real and tangible
personal property owned or rented, and used in the trade or
business in this state during the taxable year, and the
denominator of which is the average value of all the
corporation's
real and tangible personal property owned or
rented, and used in
the trade or business everywhere during such
year. There shall be
excluded from the numerator and denominator
of the property factor
the original cost of all of the following
property within Ohio:
property with respect to which a
"pollution control facility"
certificate has been issued pursuant
to section 5709.21 of the
Revised Code; property with respect to
which an
"industrial water
pollution control certificate" has
been issued pursuant to that section or former section
6111.31 of the Revised Code; and
property used exclusively during
the taxable year for qualified
research.
(i) Property owned by the corporation is valued at its
original cost. Property rented by the corporation is valued at
eight times the net annual rental rate.
"Net annual rental rate"
means the annual rental rate paid by the corporation less any
annual rental rate received by the corporation from subrentals.
(ii) The average value of property shall be determined by
averaging the values at the beginning and the end of the taxable
year, but the tax commissioner may require the averaging of
monthly values during the taxable year, if reasonably required to
reflect properly the average value of the corporation's property.
(b) The payroll factor is a fraction the numerator of
which
is the total amount paid in this state during the taxable
year by
the corporation for compensation, and the denominator of
which is
the total compensation paid everywhere by the
corporation during
such year. There shall be excluded from the
numerator and the
denominator of the payroll factor the total
compensation paid in
this state to employees who are primarily
engaged in qualified
research.
(i) Compensation means any form of remuneration paid to an
employee for personal services.
(ii) Compensation is paid in this state if: (1) the
recipient's service is performed entirely within this state, (2)
the recipient's service is performed both within and without this
state, but the service performed without this state is incidental
to the recipient's service within this state, (3) some of the
service is performed within this state and either the base of
operations, or if there is no base of operations, the place from
which the service is directed or controlled is within this state,
or the base of operations or the place from which the service is
directed or controlled is not in any state in which some part of
the service is performed, but the recipient's residence is in
this
state.
(iii) Compensation is paid in this state to any employee
of
a common or contract motor carrier corporation, who performs
the
employee's regularly assigned duties on a motor vehicle
in more
than one
state, in the same ratio by which the mileage traveled by
such
employee within the state bears to the total mileage traveled
by
such employee everywhere during the taxable year.
(c) Except as provided in section 5733.059 of the Revised
Code, the sales
factor is a fraction the numerator of which
is the
total sales in this state by the corporation during the
taxable
year, and the denominator of which is the total sales by
the
corporation everywhere during such year. In determining the
numerator and denominator of the sales factor, receipts from the
sale or other disposal of a capital asset or an asset described
in
section 1231 of the Internal Revenue Code shall be eliminated.
Also, in determining the numerator and denominator of the sales
factor, in the case of a reporting corporation owning at least
eighty per cent of the issued and outstanding common stock of one
or more insurance companies or public utilities, except an
electric company and a combined company, and, for tax years 2005 and thereafter, a telephone company,
or owning at
least twenty-five per cent of the
issued and outstanding common
stock of one or more financial
institutions, receipts received by
the reporting corporation from
such utilities, insurance
companies, and financial institutions
shall be eliminated.
For the purpose of this section and section 5733.03 of the
Revised Code, sales of tangible personal property are in this
state where such property is received in this state by the
purchaser. In the case of delivery of tangible personal property
by common carrier or by other means of transportation, the place
at which such property is ultimately received after all
transportation has been completed shall be considered as the
place
at which such property is received by the purchaser.
Direct
delivery in this state, other than for purposes of
transportation,
to a person or firm designated by a purchaser
constitutes delivery
to the purchaser in this state, and direct
delivery outside this
state to a person or firm designated by a
purchaser does not
constitute delivery to the purchaser in this
state, regardless of
where title passes or other conditions of
sale.
Except as provided in section 5733.059 of the Revised Code,
sales, other than sales of tangible personal property, are
in this
state if either:
(i) The income-producing activity is performed solely in
this
state;
(ii) The income-producing activity is performed both
within
and without this state and a greater proportion of the
income-producing activity is
performed within this state than in
any other state, based on costs of performance.
(d) If the allocation and apportionment provisions of
division (B) of this section do not fairly represent
the extent
of
the taxpayer's business activity in this state, the taxpayer
may
request, which request must be in writing and must accompany
the
report, timely filed petition for reassessment, or timely filed
amended report, or the tax commissioner may require, in
respect to
all or any part of the taxpayer's allocated or apportioned base,
if reasonable, any one or more of the following:
(ii) The exclusion of any one or more of the factors;
(iii) The inclusion of one or more additional factors
that
will fairly represent the taxpayer's allocated or
apportioned base
in this state.
An alternative method will be effective only with approval
by
the tax commissioner.
Nothing in this section shall be construed to extend any
statute of limitations set forth in this chapter.
(e) The tax commissioner may adopt rules providing for alternative allocation and apportionment methods, and alternative calculations of a corporation's base, that apply to corporations engaged in telecommunications.
(C)(1) Subject to divisions (C)(2) and (3) of
this section,
the total value, as shown on the books of each
corporation that is
not a qualified holding company, of the net
book value of a
corporation's assets less the net carrying
value of its
liabilities, and excluding from the corporation's
assets land
devoted exclusively to agricultural use as of the first
Monday of
June in the corporation's taxable year as
determined by the county
auditor of the county in which the land is located
pursuant to
section 5713.31 of the Revised Code. For the purposes of
determining that
total value, any reserves shown on the
corporation's books
shall be considered liabilities or contra
assets, except for any reserves that
are deemed appropriations of
retained earnings under generally
accepted accounting principles.
(2)(a) If, on the last day of the taxpayer's
taxable year
preceding the tax year, the taxpayer is a related
member to a
corporation that elects to be a qualifying holding
company for the
tax year beginning after the last day of
the taxpayer's taxable
year, or if, on the last day of the taxpayer's
taxable year
preceding the tax year, a corporation that elects to
be a
qualifying holding company for the tax year
beginning after the
last day of the taxpayer's taxable year is a
related member to the
taxpayer, then the taxpayer's total
value shall be adjusted by the
qualifying amount. Except as
otherwise provided under division
(C)(2)(b) of this section,
"qualifying amount" means the
amount
that, when added to the
taxpayer's total value, and when
subtracted from the net carrying value of the
taxpayer's
liabilities
computed without regard to division
(C)(2) of this
section,
or when subtracted
from the taxpayer's total value and
when added to the net
carrying value of the taxpayer's liabilities
computed without
regard to division (C)(2) of
this section,
results
in the taxpayer's debt-to-equity ratio equaling the
debt-to-equity ratio of the qualifying controlled group on the
last day of the taxable year ending prior to the first day of
the
tax year
computed on a consolidated basis in accordance with
general
accepted accounting principles. For the purposes of
division
(C)(2)(a) of this section, the corporation's total value,
after the
adjustment required by that division, shall not exceed
the net
book value of the corporation's assets.
(b)(i) The amount
added to the taxpayer's total value and
subtracted from
the net carrying value of the taxpayer's
liabilities shall
not exceed the amount of the net carrying value
of the
taxpayer's liabilities owed to the
taxpayer's related
members.
(ii) A liability owed to the taxpayer's related members
includes,
but
is not limited to, any amount that the corporation
owes to a
person that is not a related member if the corporation's
related member or related members in whole or in part guarantee
any portion or all of that amount, or pledge, hypothecate,
mortgage, or carry out any similar transactions to secure any
portion or all of that amount.
(3) The base upon which the tax is levied under division (C)
of
section
5733.06 of the Revised Code shall be computed by
multiplying the amount determined under divisions
(C)(1) and (2)
of this section by the fraction
determined under divisions
(B)(2)(a)
to (c) of this section and, if
applicable, divisions
(B)(2)(d)(ii) to (iv)
of this section but without regard to
section 5733.052 of the
Revised Code.
(4) For purposes of division
(C) of this section,
"related
member" has the same meaning as in division
(A)(6) of section
5733.042 of the Revised Code without regard to division (B)
of
that section.
Sec. 5733.051. Subject to section 5733.0510 of the Revised
Code, net
income of a corporation subject to the
tax imposed by
section 5733.06 of the Revised Code shall be
allocated and
apportioned to this state as follows:
(A) Net rents and royalties from real property located in
this state are allocable to this state.
(B) Net rents and royalties from tangible personal
property,
to the extent such property is utilized in this state,
are
allocable to this state if the taxpayer is otherwise subject
to
the tax imposed by section
5733.06 of the Revised Code.
(C) Capital gains and losses from the sale or other
disposition of real property located in this state are allocable
to this state.
(D) Capital gains and losses from the sale or other
disposition of tangible personal property are allocable to this
state if the property had a situs in this state at the time of
sale and the taxpayer is otherwise subject to the tax imposed by
section 5733.06 of the Revised Code.
(E) Capital gains and losses from the sale or other
disposition of intangible property which may produce income
enumerated in division (F) of this section are allocable on the
same basis as set forth in
that division. Capital gains and
losses from the sale or other disposition of all other intangible
property are apportionable under division
(I) of this section.
(F) Dividends or distributions which are not otherwise
deducted or excluded from net income, other than dividends or
distributions from a domestic international sales corporation,
are
allocable to this state in accordance with the ratio of the
book
value of the physical assets of the payor of the dividends
or
distributions located in this state divided by the book value
of
the total physical assets of the payor located everywhere.
Dividends or distributions received from a domestic international
sales corporation, or from a payor the location of whose physical
assets is unavailable to the taxpayer, are apportionable under
division
(I) of this section.
(G) Patent and copyright royalties and technical
assistance
fees, not representing the principal source of gross
receipts of
the taxpayer, are allocable to this state to the
extent that the
activity of the payor thereof giving rise to the
payment takes
place in this state. If the location of the
payor's activity is
unavailable to the taxpayer, such royalties
and fees are
apportionable under division
(I) of this section.
(H)
The following amounts described in division (B)(5) of section
5747.20 of the Revised Code are allocable to this state:
(1)(a) All lottery prize awards paid by the state lottery
commission pursuant to Chapter 3770. of the Revised Code.
(b) All earnings, profit, income, and gain from the sale,
exchange, or other disposition of lottery prize awards paid or to
be paid to any person by the state lottery commission pursuant to
Chapter 3770. of the Revised Code.
(c) All earnings, profit, income, and gain from the direct or
indirect ownership of lottery prize awards paid or to be paid to
any person by the state lottery commission pursuant to Chapter
3770. of the Revised Code.
(d) All earnings, profit, income, and gain from the direct or
indirect interest in any right in or to any lottery prize awards
paid or to be paid to any person by the state lottery commission
pursuant to Chapter 3770. of the Revised Code.
(2) Lottery prize awards and related earnings, profit, income, or gain with regard to lotteries sponsored by persons or agencies outside this state are allocable outside this state.
(I) Any other net income, from sources other than those
enumerated in divisions (A) to
(H) of this section, is
apportionable to this state on the basis of the mechanism
provided
in division (B)(2) of section 5733.05 of the Revised
Code.
Sec. 5733.056. (A) As used in this section:
(1)
"Billing address" means the address where any notice,
statement, or
bill relating to a customer's account is mailed, as
indicated in the
books and records of the taxpayer on the first
day of the
taxable year or on such later date in the taxable year
when the
customer relationship began.
(2)
"Borrower or credit card holder located in this state"
means:
(a) A borrower, other than a credit card holder, that is
engaged in a trade or business and maintains its commercial
domicile in this state; or
(b) A borrower that is not engaged in a trade or business,
or a
credit card holder, whose billing address is in this state.
(3)
"Branch" means a
"domestic branch" as defined in
section
3 of the
"Federal Deposit Insurance
Act," 64 Stat. 873,
12 U.S.C.
1813(o), as amended.
(4)
"Compensation" means wages, salaries, commissions,
and
any other form of remuneration paid to employees for
personal
services that are included in such employee's gross
income under
the Internal Revenue Code. In the
case of
employees not subject
to the Internal Revenue Code,
such as those employed in foreign
countries, the determination of
whether such payments would
constitute gross income to such
employees under the Internal
Revenue Code shall be
made as though such employees were subject
to the Internal Revenue
Code.
(5)
"Credit card" means a credit, travel, or entertainment
card.
(6)
"Credit card issuer's reimbursement fee" means the fee a
taxpayer receives from a merchant's bank because one of the
persons to whom the taxpayer has issued a credit card has
charged
merchandise or services to the credit card.
(7)
"Deposits" has the meaning given in section 3 of the
"Federal Deposit Insurance Act," 64
Stat. 873, 12 U.S.C. 1813(1),
as amended.
(8)
"Employee" means, with respect to a particular
taxpayer,
any individual who under the usual common law rules
applicable in
determining the employer-employee relationship,
has the status of
an employee of that taxpayer.
(9)
"Gross rents" means the actual sum of money or other
consideration payable for the use or possession of property.
"Gross rents" includes:
(a) Any amount payable for the use or possession of real
property or tangible personal property whether designated as a
fixed sum
of money or as a percentage of receipts, profits, or
otherwise;
(b) Any amount payable as additional rent or in lieu of
rent,
such as interest, taxes, insurance, repairs, or any other
amount
required to be paid by the terms of a lease or other
arrangement; and
(c) A proportionate part of the cost of any improvement to
real
property made by or on behalf of the taxpayer which reverts
to
the owner or lessor upon termination of a lease or other
arrangement. The amount to be included in gross rents is the
amount of amortization or depreciation allowed in computing the
taxable income base for the taxable year. However, where a
building is erected on leased land, by or on behalf of the
taxpayer, the value of the land is determined by multiplying the
gross rent by eight, and the value of the building is determined
in the same manner as if owned by the taxpayer.
(d) The following are not included in the term
"gross
rents":
(i) Reasonable amounts payable as separate charges for water
and electric service furnished by the lessor;
(ii) Reasonable amounts payable as service charges for
janitorial
services furnished by the lessor;
(iii) Reasonable amounts payable for storage, provided such
amounts are payable for space not designated and not under the
control of the taxpayer; and
(iv) That portion of any rental payment which is applicable
to
the space subleased from the taxpayer and not used by it.
(10)
"Loan" means any extension of credit resulting from
direct
negotiations between the taxpayer and its customer, or the
purchase, in whole or in part, of such extension of credit from
another. Loans include debt obligations of subsidiaries,
participations, syndications, and leases treated as loans for
federal income tax purposes.
"Loan" does not include:
properties
treated as loans under section 595 of the Internal
Revenue Code;
futures or forward contracts; options;
notional
principal
contracts such as swaps; credit card receivables,
including
purchased credit card relationships; non-interest
bearing balances
due from depositor institutions; cash items in
the process of
collection; federal funds sold; securities
purchased under
agreements to resell; assets held in a trading
account;
securities; interests in a real estate mortgage investment conduit
or
other mortgage-backed or asset-backed security; and other
similar
items.
(11)
"Loan secured by real property" means that fifty per
cent
or more of the aggregate value of the collateral used to
secure
a loan or other obligation, when valued at fair market
value as
of the time the original loan or obligation was incurred,
was
real property.
(12)
"Merchant discount" means the fee, or negotiated
discount,
charged to a merchant by the taxpayer for the privilege
of
participating in a program whereby a credit card is accepted in
payment for merchandise or services sold to the card holder.
(13)
"Participation" means an extension of credit in which
an
undivided ownership interest is held on a pro rata basis in a
single loan or pool of loans and related collateral. In a loan
participation, the credit originator initially makes the loan
and
then subsequently resells all or a portion of it to other
lenders.
The participation may or may not be known to the
borrower.
(14)
"Principal base of operations" with respect to
transportation property means the place of more or less
permanent
nature from which the property is regularly directed
or
controlled. With respect to an employee, the
"principal base
of
operations" means the place of more or less permanent nature
from
which the employee regularly (a) starts work and
to which the
employee customarily returns in order to receive
instructions from
the employer or (b) communicates with
the employee's customers or
other persons or (c) performs any other
functions necessary to the
exercise of the trade or
profession at some other point or points.
(15)
"Qualified institution" means a financial institution
that on or after June 1, 1997:
(a)(i) Has consummated one or more approved
transactions
with insured banks with different home states that
would qualify
under section 102 of the
"Riegle-Neal
Interstate Banking and
Branching Efficiency Act of
1994," Public Law 103-328, 108
Stat.
2338;
(ii) Is a federal savings association or federal savings
bank
that has consummated one or more interstate acquisitions that
result in a financial institution that has branches in more
than
one state; or
(iii) Has consummated one or more approved interstate
acquisitions under authority of Title XI of the
Revised
Code that
result in a financial institution that has branches
in more than
one state; and
(b) Has at least
nine per cent of its deposits in
this
state
as of the last day of June prior to the beginning of
the tax
year.
(16)
"Real property owned" and
"tangible personal
property
owned" mean real and tangible personal property,
respectively, on
which the taxpayer may claim depreciation
for federal income tax
purposes, or to which the
taxpayer holds legal title and on which
no other person may
claim depreciation for federal income tax
purposes, or could
claim depreciation if subject to federal income
tax. Real and
tangible personal property do not include coin,
currency, or
property acquired in lieu of or pursuant to a
foreclosure.
(17)
"Regular place of business" means an office at which
the
taxpayer carries on its business in a regular and systematic
manner and which is continuously maintained, occupied, and used
by
employees of the taxpayer.
(18)
"State" means a state of the United States, the
District
of Columbia, the commonwealth of Puerto Rico, or
any
territory or
possession of the United States.
(19)
"Syndication" means an extension of credit in which two
or
more persons fund and each person is at risk only up to a
specified percentage of the total extension of credit or up to a
specified dollar amount.
(20)
"Transportation property" means vehicles and vessels
capable of moving under their own power, such as aircraft,
trains,
water vessels and motor vehicles, as well as any
equipment or
containers attached to such property, such as
rolling stock,
barges, trailers, or the like.
(B) The annual financial institution report determines the
value of the issued and outstanding shares of stock of the
taxpayer, and is the base or measure of the franchise tax
liability. Such determination shall be made as of the date
shown
by the report to have been the beginning of the financial
institution's annual accounting period that includes the first
day
of January of the tax year. For purposes of this section,
division (A) of section 5733.05, and division (D) of
section
5733.06 of the Revised Code, the
value of the issued and
outstanding shares of stock of the financial
institution shall
include the total value, as shown by the books of the
financial
institution, of its capital, surplus, whether earned or unearned,
undivided profits, and reserves, but exclusive of:
(1) Reserves for accounts receivable, depreciation,
depletion,
and any other valuation reserves with respect to
specific assets;
(2) Taxes due and payable during the year for which such
report was made;
(3) Voting stock and participation certificates in
corporations
chartered pursuant to the
"Farm Credit Act of 1971,"
85 Stat. 597, 12 U.S.C.
2091, as amended;
(4) Good will, appreciation, and abandoned property as set
up
in the annual report of the financial institution, provided a
certified balance sheet of the company is made available upon
the
request of the tax commissioner. Such balance sheet shall
not be
a part of the public records, but shall be a confidential
report
for use of the tax commissioner only.
(5) A portion of the value of the issued and outstanding
shares
of stock of such financial institution equal to the amount
obtained by multiplying such value by the quotient obtained by:
(a) Dividing (1) the amount of the financial institution's
assets, as shown on its books, represented by investments in the
capital stock and indebtedness of public utilities, except electric companies and combined companies, and, for tax years 2005 and thereafter, telephone companies, of which at
least eighty per cent of the utility's issued and outstanding
common stock is owned by the financial institution by (2) the
total assets of such financial institution as shown on its
books;
(b) Dividing (1) the amount of the financial institution's
assets, as shown on its books, represented by investments in the
capital stock and indebtedness of insurance companies of which
at
least eighty per cent of the insurance company's issued and
outstanding common stock is owned by the financial institution
by
(2) the total assets of such financial institution as shown
on its
books;
(c) Dividing (1) the amount of the financial institution's
assets, as shown on its books, represented by investments in the
capital stock and indebtedness of other financial institutions
of
which at least twenty-five per cent of the other financial
institution's issued and outstanding common stock is owned by
the
financial institution by (2) the total assets of the
financial
institution as shown on its books. Division
(B)(5)(c) of this
section applies only with respect to such other
financial
institutions that for the tax year immediately
following the
taxpayer's taxable year will pay the tax imposed
by division (D)
of section 5733.06 of the Revised Code.
(6) Land that has been determined pursuant to section
5713.31
of the Revised Code by the county auditor of the county in
which the land is located to be devoted exclusively to
agricultural
use as of the first Monday of June in the financial
institution's taxable year.
(7) Property within this state used exclusively during the
taxable
year for qualified research as defined in section 5733.05
of the
Revised Code.
(C) The base upon which the tax levied under
division (D) of
section 5733.06 of the Revised Code
shall be computed by
multiplying the value of a financial institution's issued
and
outstanding shares of stock as determined
in division (B) of this
section by a fraction. The numerator of the
fraction is the sum
of the following:
the property factor multiplied by fifteen,
the
payroll factor multiplied by fifteen, and
the sales factor
multiplied by seventy.
The denominator of the fraction is
one
hundred, provided that the denominator shall be reduced by fifteen
if the
property factor has a denominator of zero, by fifteen if
the payroll factor
has
a denominator of zero, and by seventy if
the sales factor has a denominator of
zero.
(D) A financial institution shall calculate the property
factor
as follows:
(1) The property factor is a fraction, the numerator of
which
is the average value of real property and tangible personal
property rented to the taxpayer that is located or used within
this state during the taxable year, the average value of
real and
tangible personal property owned by the taxpayer that is
located
or used within this state during the taxable year, and
the average
value of the taxpayer's loans and credit card
receivables that are
located within this state during the
taxable year; and the
denominator of which is the average value
of all such property
located or used within and without this
state during the taxable
year.
(2)(a) The value of real property and tangible personal
property owned by the taxpayer is the original cost or other
basis
of such property for federal income tax purposes without
regard to
depletion, depreciation, or amortization.
(b) Loans are valued at their outstanding principal balance,
without regard to any reserve for bad debts. If a loan is
charged-off in whole or in part for federal income tax purposes,
the portion of the loan charged-off is not outstanding. A
specifically allocated reserve established pursuant to financial
accounting guidelines which is treated as charged-off for
federal
income tax purposes shall be treated as charged-off for
purposes
of this section.
(c) Credit card receivables are valued at their outstanding
principal balance, without regard to any reserve for bad debts.
If a credit card receivable is charged-off in whole or in part
for
federal income tax purposes, the portion of the receivable
charged-off is not outstanding.
(3) The average value of property owned by the taxpayer is
computed on an annual basis by adding the value of the property
on
the first day of the taxable year and the value on the last
day of
the taxable year and dividing the sum by two. If
averaging on
this basis does not properly reflect average value,
the tax
commissioner may require averaging on a more frequent
basis. The
taxpayer may elect to average on a more frequent
basis. When
averaging on a more frequent basis is required by
the tax
commissioner or is elected by the taxpayer, the same
method of
valuation must be used consistently by the taxpayer
with respect
to property within and without this state and on
all subsequent
returns unless the taxpayer receives prior
permission from the tax
commissioner or the tax commissioner
requires a different method
of determining value.
(4)(a) The average value of real property and tangible
personal
property that the taxpayer has rented from another and is
not treated as property owned by the taxpayer for federal income
tax purposes, shall be determined annually by multiplying the
gross rents payable during the taxable year by eight.
(b) Where the use of the general method described in
division
(D)(4)(a) of this section results in inaccurate
valuations
of rented property,
any other method which properly
reflects the value may be
adopted by the tax commissioner or by
the taxpayer when approved
in writing by the tax commissioner.
Once approved, such other
method of valuation must be used on all
subsequent returns
unless the taxpayer receives prior approval
from the tax
commissioner or the tax commissioner requires a
different method
of valuation.
(5)(a) Except as described in division (D)(5)(b)
of this
section,
real property and tangible personal property owned by or
rented
to the taxpayer is considered to be located within this
state if
it is physically located, situated, or used within this
state.
(b) Transportation property is included in the numerator of
the
property factor to the extent that the property is used in
this
state. The extent an aircraft will be deemed to be used in
this
state and the amount of value that is to be included in the
numerator of this state's property factor is determined by
multiplying the average value of the aircraft by a fraction, the
numerator of which is the number of landings of the aircraft in
this state and the denominator of which is the total number of
landings of the aircraft everywhere. If the extent of the use
of
any transportation property within this state cannot be
determined, then the property will be deemed to be used wholly
in
the state in which the property has its principal base of
operations. A motor vehicle will be deemed to be used wholly in
the state in which it is registered.
(6)(a)(i) A loan, other than a loan or advance described in
division (D)(6)(d) of this section, is considered to be
located
within this state if it is properly assigned to a regular place
of
business of the taxpayer within this state.
(ii) A loan is properly assigned to the regular place of
business with which it has a preponderance of substantive
contacts. A loan assigned by the taxpayer to a regular place of
business without the state shall be presumed to have been
properly
assigned if:
(I) The taxpayer has assigned, in the regular course of its
business, such loan on its records to a regular place of
business
consistent with federal or state regulatory
requirements;
(II) Such assignment on its records is based upon
substantive
contacts of the load to such regular place of
business; and
(III) The taxpayer uses the records reflecting assignment of
loans for the filing of all state and local tax returns for
which
an assignment of loans to a regular place of business is
required.
(iii) The presumption of proper assignment of a loan
provided in
division (D)(6)(a)(ii) of this section may be
rebutted
upon a showing by the tax commissioner, supported by a
preponderance of the evidence, that the preponderance of
substantive contacts regarding such loan did not occur at the
regular place of business to which it was assigned on the
taxpayer's records. When such presumption has been rebutted,
the
loan shall then be located within this state if (1) the
taxpayer
had a regular place of business within this state at
the time the
loan was made; and (2) the taxpayer fails to show,
by a
preponderance of the evidence, that the preponderance of
substantive contacts regarding such
loan did not occur within
this
state.
(b) In the case of a loan which is assigned by the taxpayer
to
a place without this state which is not a regular place of
business, it shall be presumed, subject to rebuttal by the
taxpayer on a showing supported by the preponderance of
evidence,
that the preponderance of substantive contacts
regarding the loan
occurred within this state if, at the time
the loan was made the
taxpayer's commercial domicile was within
this state.
(c) To determine the state in which the preponderance of
substantive contacts relating to a loan have occurred, the facts
and circumstances regarding the loan at issue shall be reviewed
on
a case-by-case basis and consideration shall be given to such
activities as the solicitation, investigation, negotiation,
approval, and administration of the loan. The terms
"solicitation,"
"investigation,"
"negotiation,"
"approval," and
"administration" are defined as follows:
(i)
"Solicitation" is either active or passive. Active
solicitation occurs when an employee of the taxpayer initiates
the
contact with the customer. Such activity is located at the
regular place of business which the taxpayer's employee is
regularly connected with or working out of, regardless of where
the services of such employee were actually performed. Passive
solicitation occurs when the customer initiates the contact with
the taxpayer. If the customer's initial contact was not at a
regular place of business of the taxpayer, the regular place of
business, if any, where the passive solicitation occurred is
determined by the facts in each case.
(ii)
"Investigation" is the procedure whereby employees of
the
taxpayer determine the creditworthiness of the customer as
well
as the degree of risk involved in making a particular
agreement.
Such activity is located at the regular place of
business which
the taxpayer's employees are regularly connected
with or working
out of, regardless of where the services of such
employees were
actually performed.
(iii) Negotiation is the procedure whereby employees of the
taxpayer and its customer determine the terms of the agreement,
such as the amount, duration, interest rate, frequency of
repayment, currency denomination, and security required. Such
activity is located at the regular place of business to which the
taxpayer's employees are regularly connected or working
from,
regardless of where the services of such employees were
actually
performed.
(iv)
"Approval" is the procedure whereby employees or the
board
of directors of the taxpayer make the final determination
whether to enter into the agreement. Such activity is located
at
the regular place of business to which the taxpayer's employees
are regularly connected or working from, regardless of
where the
services of such employees were actually performed.
If the board
of directors makes the final determination, such
activity is
located at the commercial domicile of the taxpayer.
(v)
"Administration" is the process of managing the account.
This process includes bookkeeping, collecting the payments,
corresponding with the customer, reporting to management
regarding
the status of the agreement, and proceeding against the
borrower
or the security interest if the borrower is in default.
Such
activity is located at the regular place of business that
oversees
this activity.
(d) A loan or advance to a subsidiary corporation at least
fifty-one per cent of whose common stock is owned by the
financial
institution shall be allocated in and out of the state
by the
application of a ratio whose numerator is the sum of the
net book
value of the subsidiary's real property owned in this
state and
the subsidiary's tangible personal property owned in
this state
and whose denominator is the sum of the subsidiary's
real property
owned wherever located and the subsidiary's
tangible personal
property owned wherever located. For purposes
of calculating this
ratio, the taxpayer shall determine net book
value in accordance
with generally accepted accounting
principles. If the subsidiary
corporation owns at least fifty-one per cent of the common stock
of another corporation, the ratio shall be calculated by
including
the other corporation's real property and tangible
personal
property. The calculation of the ratio applies with
respect to
all lower-tiered subsidiaries, provided that the
immediate parent
corporation of the subsidiary owns at least
fifty-one per cent of
the common stock of that subsidiary.
(7) For purposes of determining the location of credit card
receivables, credit card receivables shall be treated as loans
and
shall be subject to division (D)(6) of this
section.
(8) A loan that has been properly assigned to a state shall,
absent any change of material fact, remain assigned to that
state
for the length of the original term of the loan.
Thereafter, the
loan may be properly assigned to another state
if the loan has a
preponderance of substantive contact to a
regular place of
business there.
(E) A financial institution shall calculate the payroll
factor
as follows:
(1) The payroll factor is a fraction, the numerator of which
is the total amount paid in this state during the taxable year
by
the taxpayer for compensation, and the denominator of which is
the
total compensation paid both within and without this state
during
the taxable year.
(2) Compensation is paid in this state if any one of the
following tests, applied consecutively, is met:
(a) The employee's services are performed entirely within
this
state.
(b) The employee's services are performed both within and
without this state, but the service performed without this state
is incidental to the employee's service within this state. The
term
"incidental" means any service which is temporary or
transitory in nature, or which is rendered in connection with an
isolated transaction.
(c) The employee's services are performed both within and
without this state, and:
(i) The employee's principal base of operations is within
this state; or
(ii) There is no principal base of operations in any state
in
which some part of the services are performed, but the place
from which the services are directed or controlled is in this
state; or
(iii) The principal base of operations and the place from
which
the services are directed or controlled are not in any state
in
which some part of the service is performed but the employee's
residence is in this state.
(F) A financial institution shall calculate the sales factor
as
follows:
(1) The sales factor is a fraction, the numerator of which
is
the receipts of the taxpayer in this state during the taxable
year and the denominator of which is the receipts of the
taxpayer
within and without this state during the taxable year.
The method
of calculating receipts for purposes of the
denominator is the
same as the method used in determining
receipts for purposes of
the numerator.
(2) The numerator of the sales factor includes receipts from
the lease or rental of real property owned by the taxpayer if
the
property is located within this state, or receipts from the
sublease of real property if the property is located within this
state.
(3)(a) Except as described in division (F)(3)(b)
of this
section
the numerator of the sales factor includes receipts from
the
lease or rental of tangible personal property owned by the
taxpayer if the property is located within this state when it is
first placed in service by the lessee.
(b) Receipts from the lease or rental of transportation
property owned by the taxpayer are included in the numerator of
the sales factor to the extent that the property is used in this
state. The extent an aircraft will be deemed to be used in this
state and the amount of receipts that is to be included in the
numerator of this state's sales factor is determined by
multiplying all the receipts from the lease or rental of the
aircraft by a fraction, the numerator of which is the number of
landings of the aircraft in this state and the denominator of
which is the total number of landings of the aircraft. If the
extent of the use of any transportation property within this
state
cannot be determined, then the property will be deemed to
be used
wholly in the state in which the property has its
principal base
of operations. A motor vehicle will be deemed to
be used wholly
in the state in which it is registered.
(4)(a) The numerator of the sales factor includes interest
and
fees or penalties in the nature of interest from loans secured
by real property if the property is located within this state.
If
the property is located both within this state and one or
more
other states, the receipts described in this paragraph are
included in the numerator of the sales factor if more than fifty
per cent of the fair market value of the real property is located
within this state. If more than fifty per cent of the fair
market
value of the real property is not located within any one
state,
then the receipts described in this paragraph shall be
included in
the numerator of the sales factor if the borrower is
located in
this state.
(b) The determination of whether the real property securing
a
loan is located within this state shall be made as of the time
the original agreement was made and any and all subsequent
substitutions of collateral shall be disregarded.
(5) The numerator of the sales factor includes interest and
fees or penalties in the nature of interest from loans not
secured
by real property if the borrower is located in this
state.
(6) The numerator of the sales factor includes net gains
from
the sale of loans. Net gains from the sale of loans includes
income recorded under the coupon stripping rules of section 1286
of the Internal Revenue Code.
(a) The amount of net gains, but not less than zero, from
the
sale of loans secured by real property included in the
numerator
is determined by multiplying such net gains by a
fraction the
numerator of which is the amount included in the
numerator of
the sales factor pursuant to division (F)(4) of this
section and
the denominator of which is the total amount of
interest and
fees or penalties in the nature of interest from
loans secured
by real property.
(b) The amount of net gains, but not less than zero, from
the
sale of loans not secured by real property included in the
numerator is determined by multiplying such net gains by a
fraction the numerator of which is the amount included in the
numerator of the sales factor pursuant to division (F)(5) of this
section and the denominator of which is the total amount of
interest and fees or penalties in the nature of interest from
loans not secured by real property.
(7) The numerator of the sales factor includes interest and
fees or penalties in the nature of interest from credit card
receivables and receipts from fees charged to card holders, such
as annual fees, if the billing address of the card holder is in
this state.
(8) The numerator of the sales factor includes net gains,
but
not less than zero, from the sale of credit card receivables
multiplied by a fraction, the numerator of which is the amount
included in the numerator of the sales factor pursuant to
division
(F)(7) of this section and the denominator of which is
the
taxpayer's total amount of interest and fees or penalties in
the
nature of interest from credit card receivables and fees
charged
to card holders.
(9) The numerator of the sales factor includes all credit
card
issuer's reimbursement fees multiplied by a fraction, the
numerator of which is the amount included in the numerator of
the
sales factor pursuant to division (F)(7) of this section and
the
denominator of which is the taxpayer's total amount of
interest
and fees or penalties in the nature of interest from
credit card
receivables and fees charged to card holders.
(10) The numerator of the sales factor includes receipts
from
merchant discount if the commercial domicile of the merchant
is
in this state. Such receipts shall be computed net of any card
holder charge backs, but shall not be reduced by any interchange
transaction fees or by any issuer's reimbursement fees paid to
another for charges made by its card holders.
(11)(a)(i) The numerator of the sales factor includes loan
servicing fees derived from loans secured by real property
multiplied by a fraction the numerator of which is the amount
included in the numerator of the sales factor pursuant to
division
(F)(4) of this section and the denominator of which is
the total
amount of interest and fees or penalties in the nature
of interest
from loans secured by real property.
(ii) The numerator of the sales factor includes loan
servicing fees derived from loans not secured by real property
multiplied by a fraction the numerator of which is the amount
included in the numerator of the sales factor pursuant to
division
(F)(5) of this section and the denominator of which is
the total
amount of interest and fees or penalties in the nature
of interest
from loans not secured by real property.
(b) In circumstances in which the taxpayer receives loan
servicing fees for servicing either the secured or the unsecured
loans of another, the numerator of the sales factor shall
include
such fees if the borrower is located in this state.
(12) The numerator of the sales factor includes receipts
from
services not otherwise apportioned under this section if the
service is performed in this state. If the service is performed
both within and without this state, the numerator of the sales
factor includes receipts from services not otherwise apportioned
under this section, if a greater proportion of the income
producing activity is performed in this state based on cost of
performance.
(13)(a) Interest, dividends, net gains, but not less than
zero,
and other income from investment assets and activities and
from
trading assets and activities shall be included in the sales
factor. Investment assets and activities and trading assets and
activities include but are not limited to: investment
securities;
trading account assets; federal funds; securities
purchased and
sold under agreements to resell or repurchase;
options; futures
contracts; forward contracts; notional
principal contracts such as
swaps; equities; and foreign
currency transactions. With respect
to the investment and
trading assets and activities described in
divisions
(F)(13)(a)(i) and
(ii) of this section, the sales factor
shall include the
amounts described in such divisions.
(i) The sales factor shall include the amount by which
interest
from federal funds sold and securities purchased under
resale
agreements exceeds interest expense on federal funds
purchased
and securities sold under repurchase agreements.
(ii) The sales factor shall include the amount by which
interest, dividends, gains, and other income from trading assets
and activities, including, but not limited to, assets and
activities in the matched book, in the arbitrage book, and
foreign
currency transactions, exceed amounts paid in lieu of
interest,
amounts paid in lieu of dividends, and losses from
such assets and
activities.
(b) The numerator of the sales factor includes interest,
dividends, net gains, but not less than zero, and other income
from investment assets and activities and from trading assets
and
activities described in division (F)(13)(a) of this
section
that
are attributable to this state.
(i) The amount of interest, other than interest described in
division (F)(13)(b)(iv) of this section,
dividends, other than
dividends described in that division, net
gains, but not less than
zero, and other income from investment
assets and activities in
the investment account to be attributed
to this state and included
in the numerator is determined by
multiplying all such income from
such assets and activities by a
fraction, the numerator of which
is the average value of such
assets which are properly assigned to
a regular place of
business of the taxpayer within this state and
the denominator
of which is the average value of all such assets.
(ii) The amount of interest from federal funds sold and
purchased and from securities purchased under resale agreements
and securities sold under repurchase agreements attributable to
this state and included in the numerator is determined by
multiplying the amount described in division
(F)(13)(a)(i) of this
section from such funds and
such
securities by a fraction, the
numerator of which is the average
value of federal funds sold and
securities purchased under
agreements to resell which are properly
assigned to a regular
place of business of the taxpayer within
this state and the
denominator of which is the average value of
all such funds and
such securities.
(iii) The amount of interest, dividends, gains, and other
income
from trading assets and activities, including but not
limited to
assets and activities in the matched book, in the
arbitrage book,
and foreign currency transaction, but excluding
amounts
described in division (F)(13)(b)(i) or
(ii) of this
section,
attributable to this state and included in the numerator
is
determined by multiplying the amount described in
division
(F)(13)(a)(ii) of this section by a
fraction, the
numerator of
which is the average value of such trading assets
which are
properly assigned to a regular place of business of
the taxpayer
within this state and the denominator of which is
the average
value of all such assets.
(iv) The amount of dividends received on the capital stock
of,
and the amount of interest received from loans and advances
to,
subsidiary corporations at least fifty-one per cent of whose
common stock is owned by the reporting financial institution
shall
be allocated in and out of this state by the application
of a
ratio whose numerator is the sum of the net book value of the
payor's real property owned in this state and the payor's
tangible
personal property owned in this state and whose
denominator is the
sum of the net book value of the payor's real property
owned
wherever located and the payor's tangible personal property owned
wherever located. For purposes of calculating this ratio, the
taxpayer shall determine net book value in accordance with
generally accepted accounting principles.
(v) For purposes of this division, average value shall be
determined using the rules for determining the average value of
tangible personal property set forth in division (D)(2) and (3)
of
this section.
(c) In lieu of using the method set forth in division
(F)(13)(b) of
this section, the taxpayer may elect, or the tax
commissioner
may require in order to fairly represent the business
activity
of the taxpayer in this state, the use of the method set
forth
in division (F)(13)(c) of this section.
(i) The amount of interest, other than interest described in
division (F)(13)(b)(iv) of this section, dividends,
other than
dividends described in that division, net
gains, but not less than
zero, and other income from investment
assets and activities in
the investment account to be attributed
to this state and included
in the numerator is determined by
multiplying all such income from
such assets and activities by a
fraction, the numerator of which
is the gross income from such
assets and activities which are
properly assigned to a regular
place of business of the taxpayer
within this state, and the
denominator of which is the gross
income from all such assets
and activities.
(ii) The amount of interest from federal funds sold and
purchased and from securities purchased under resale agreements
and securities sold under repurchase agreements attributable to
this state and included in the numerator is determined by
multiplying the amount described in division
(F)(13)(a)(i) of
this
section from such funds and such
securities by a fraction, the
numerator of which is the gross
income from such funds and such
securities which are properly
assigned to a regular place of
business of the taxpayer within
this state and the denominator of
which is the gross income from
all such funds and such securities.
(iii) The amount of interest, dividends, gains, and other
income
from trading assets and activities, including, but not
limited to,
assets and activities in the matched book, in the
arbitrage book,
and foreign currency transactions, but excluding
amounts
described in division (F)(13)(a)(i) or
(ii) of this
section,
attributable to this state and included in the numerator,
is
determined by multiplying the amount described in division
(F)(13)(a)(ii) of this section by a fraction, the
numerator of
which is the gross income from such trading assets
and activities
which are properly assigned to a regular place of
business of the
taxpayer within this state and the denominator
of which is the
gross income from all such assets and
activities.
(iv) The amount of dividends received on the capital stock
of,
and the amount of interest received from loans and advances
to,
subsidiary corporations at least fifty-one per cent of whose
common stock is owned by the reporting financial institution
shall
be allocated in and out of this state by the application
of a
ratio whose numerator is the sum of the net book value of
the
payor's real property owned in this state and the payor's
tangible
personal property owned in this state and whose
denominator is the
sum of the payor's real property owned
wherever located and the
payor's tangible personal property
owned wherever located. For
purposes of calculating this ratio,
the taxpayer shall determine
net book value in accordance with
generally accepted accounting
principles.
(d) If the taxpayer elects or is required by the tax
commissioner to use the method set forth in division
(F)(13)(c) of
this section, it shall use this method on all subsequent
returns
unless the taxpayer receives prior permission from the
tax
commissioner to use or the tax commissioner requires a
different
method.
(e) The taxpayer shall have the burden of proving that an
investment asset or activity or trading asset or activity was
properly assigned to a regular place of business outside of this
state by demonstrating that the day-to-day decisions regarding
the
asset or activity occurred at a regular place of business
outside
this state. Where the day-to-day decisions regarding an
investment asset or activity or trading asset or activity occur
at
more than one regular place of business and one such regular
place
of business is in this state and one such regular place of
business is outside this state such asset or activity shall be
considered to be located at the regular place of business of the
taxpayer where the investment or trading policies or guidelines
with respect to the asset or activity are established. Unless
the
taxpayer demonstrates to the contrary, such policies and
guidelines shall be presumed to be established at the commercial
domicile of the taxpayer.
(14) The numerator of the sales factor includes all other
receipts if either:
(a) The income-producing activity is performed solely in
this state; or
(b) The income-producing activity is performed both within
and without this state and a greater proportion of the
income-producing activity is performed within this
state than in
any other state, based on costs of performance.
(G) A qualified institution may calculate the base upon
which
the fee provided for in
division (D) of section 5733.06
of
the
Revised Code
is determined for each
tax
year by multiplying
the value of
its
issued and outstanding
shares of stock determined
under
division
(B) of this section by
a single deposits fraction
whose
numerator
is the deposits
assigned to branches in this state
and
whose
denominator is the
deposits assigned to branches
everywhere.
Deposits shall be
assigned to branches in the same
manner in which
the assignment
is made for regulatory purposes.
If
the base
calculated under
this division is less than the base
calculated
under division
(C) of this section, then the qualifying
institution may elect
to substitute the base calculated under this
division for the
base calculated under division (C) of this
section. Such election
may be made annually for each
tax
year
on the
corporate
report.
The election need not accompany the
report;
rather, the
election may accompany a subsequently filed
but timely
application
for refund, a subsequently filed but timely
amended
report, or a
subsequently filed but timely petition for
reassessment. The
election is not irrevocable and it applies
only
to the specified
tax year. Nothing in this division shall
be
construed to extend
any statute of limitations set forth in
this
chapter.
(H) If the apportionment provisions of this section do not
fairly represent the extent of the taxpayer's business activity
in
this state, the taxpayer may petition for or the tax
commissioner
may require, in respect to all or any part of the
taxpayer's
business activity, if reasonable:
(2) The exclusion of any one or more of the factors;
(3) The inclusion of one or more additional factors which
will
fairly represent the taxpayer's business activity in this
state;
or
(4) The employment of any other method to effectuate an
equitable allocation and apportionment of the taxpayer's value.
Sec. 5733.059. (A) As used in this section:
(1) "Customer" means a person who purchases electricity for
consumption either by that person or by the person's related member and
the electricity is not for resale directly or indirectly to any person
other than a related member.
(2) "Related member" has the same meaning as in division (A)(6)
of section 5733.042 of the Revised Code without regard to
division (B) of that section.
(B) Except as provided in division (C) of this section, this
division applies only to sales of electric transmission and distribution
services. For purposes of sections 5733.05 and 5747.21 of the
Revised Code:
(1) Sales of the transmission of electricity are in this state in
proportion to the ratio of the wire mileage of the taxpayer's
transmission lines located in this state divided by the wire
mileage of the taxpayer's transmission lines located everywhere.
Transmission wire mileage shall be weighted for the voltage
capacity of each line.
(2) Sales of the distribution of electricity are in this state in
proportion to the ratio of the wire mileage of the taxpayer's
distribution lines located in this state divided by the wire mileage of
the taxpayer's distribution lines located everywhere.
Distribution wire mileage shall not be weighted for the voltage
capacity of each line.
(C) This division applies only to a person that has transmission
or distribution lines in this state. If a contract for the sale of
electricity includes the seller's or the seller's related
member's obligation to transmit or distribute the electricity and
if the sales contract separately identifies the price charged for
the transmission or distribution of electricity, the price charged
for the transmission and distribution of electricity shall be
apportioned to this state in accordance with division (B) of this
section. Any remaining portion of the sales price of the electricity shall be sitused to this
state in accordance with division (D) of this section.
If the sales contract does not separately identify the price
charged for the transmission or distribution of electricity, the sales
price of the electricity shall be sitused to this state in accordance
with division (D) of this section.
(D) Any person who makes a sale of electricity shall situs the
following to this state:
(1) A sale of electricity directly or indirectly to a customer to
the extent the customer consumes the electricity in this state;
(2) A sale of electricity directly or indirectly to a related
member where the related member directly or indirectly sells electricity
to a customer to the extent the customer consumes the electricity in
this state;
(3) A sale of electricity if the seller or the seller's related
member directly or indirectly delivers the electricity to a location in
this state or directly or indirectly delivers the electricity
exactly to the border of this state and another state;
(4) A sale of electricity if the seller or the seller's related
member directly or indirectly directs the delivery of the electricity to
a location in this state or directly or indirectly directs the delivery
of the electricity exactly to the border of this state and another
state.
(E) If the situsing provisions of this section do not fairly
represent the extent of the taxpayer's or the taxpayer's related
member's activity in this state, the taxpayer may request, or the
tax commissioner may require, in respect to all or part of a
taxpayer's or related member's sales, if reasonable, any of the
following:
(2) The exclusion of one or more additional situsing factors that
will fairly represent the taxpayer's and the related member's sales in
this state;
(3) The inclusion of one or more additional situsing factors that
will fairly represent the taxpayer's and the related member's sales in
this state.
The taxpayer's request shall be in writing and shall be filed with
the report required by section 5733.02 of the Revised Code, a
timely filed petition for reassessment, or a timely filed amended report. An alternative situsing method shall be effective with the approval of the tax
commissioner.
Nothing in this section shall be construed to extend any statute
of limitations set forth in this chapter.
(F) If the situsing provisions of this section do not fairly
represent activity in this state, the tax commissioner may
promulgate rules to situs sales using a methodology that fairly
reflects sales in this state.
(G) Notwithstanding sections 5733.111 and 5747.131 section 5703.56 of the Revised
Code to the contrary, a person situsing a sale outside this state
has the burden to establish by a preponderance of the evidence that the
doctrines enumerated in
those sections that section do not apply.
Sec. 5733.0511. (A) As used in this section:
(1) "Qualifying telephone company taxpayer" means either of the following:
(a) A telephone company, but only if the telephone company was subject to the tax imposed by section 5727.30 of the Revised Code for gross receipts received during the period from July 1, 2003, to June 30, 2004, and the telephone company's property subject to taxation under Chapter 5727. of the Revised Code for tax years 2003 through 2006 was assessed using the true value percentages provided for in division (B) of section 5727.111 of the Revised Code.
(b) Any taxpayer not described in division (A)(1)(a) of this section if a telephone company described in division (A)(1)(a) of this section transfers all or a portion of its assets and equity directly or indirectly to the taxpayer, the transfer occurred as part of an entity organization or reorganization, or subsequent entity organization or reorganization, and the gain or loss with respect to the transfer is not recognized in whole or in part for federal income tax purposes under the Internal Revenue Code on account of a transfer as part of an entity organization or reorganization, or subsequent entity organization or reorganization.
(2) "Qualifying telephone company asset" means any asset shown on the qualifying telephone company taxpayer's books and records on December 31, 2003, in accordance with generally accepted accounting principles.
(3) "Net income" has the same meaning as in division (I) of section 5733.04 of the Revised Code.
(4) "Book-tax difference" means the difference, if any, between a qualifying telephone company asset's net book value shown on the qualifying telephone company taxpayer's books and records on December 31, 2003, in accordance with generally accepted accounting principles, and such asset's adjusted basis on December 31, 2003. The book-tax difference may be a negative number.
(5) Solely for purposes of division (A)(1)(a) of this section, "tax year" has the same meaning as used in section 5727.01 of the Revised Code.
(B) In computing net income under division (I) of section 5733.04 of the Revised Code, a qualifying telephone company taxpayer shall adjust net income to reflect a ten-year amortization of the book-tax difference for each qualifying telephone company asset, in equal installments over each of the ten tax years beginning with 2010. If the net book value exceeds the adjusted basis of the asset as of December 31, 2003, net income shall be reduced in each of the ten years beginning with tax year 2010 by one-tenth of the book-tax difference. If the adjusted basis exceeds the net book value of the asset as of December 31, 2003, net income shall be increased in each of the ten years beginning with tax year 2010 by one-tenth of the absolute value of the book-tax difference. The adjustment to net income provided for by this division shall apply without regard to the disposal of those assets after December 31, 2003.
(C) The allocation and apportionment of this amortization of the book-tax difference under this section shall be governed by division (B) of section 5733.05 and by section 5733.051 of the Revised Code. The tax commissioner may prescribe rules regarding the apportionment of the amortization of the book-tax difference under this section.
(D) Nothing in this section shall allow for an adjustment more than once with respect to the same qualifying asset or allow more than one corporation to claim an adjustment with respect to the same qualifying telephone company asset.
Sec. 5733.06. The tax hereby charged each corporation
subject to this
chapter shall be the greater of the sum of
divisions (A) and (B) of
this section, after the reduction, if
any, provided by division
(J) of this section,
or division (C) of
this section, after the
reduction, if any, provided by division
(J) of this section,
except
that the tax hereby charged each
financial institution subject to this
chapter shall be the amount
computed under division (D) of this
section:
(A) Except as set forth in division (F) of this section,
five and one-tenth per cent upon the first fifty thousand dollars
of the value of the taxpayer's issued and outstanding shares of
stock as determined under division (B) of section 5733.05 of the
Revised Code;
(B) Except as set forth in division (F) of this section,
eight and one-half per cent upon the value so
determined in
excess
of fifty thousand dollars; or
(C)(1) Except as otherwise provided
under division (G) of
this
section, four mills times that portion
of the value of the
issued
and outstanding shares of stock as determined under
division (C)
of section 5733.05 of the Revised Code. For the
purposes of
division (C) of this section, division
(C)(2) of
section 5733.065,
and division (C) of section 5733.066 of the
Revised Code, the
value of the issued and outstanding shares of
stock of
an eligible corporation for tax year 2003 through tax
year 2007, or of a
qualified
holding
company,
is zero.
(2) As used in division (C) of this section, "eligible
corporation" means a person treated as a corporation for federal
income tax purposes that meets all of the following criteria:
(a) The corporation conducts business for an entire taxable
year as a qualified trade or business as defined by division (C)
of section 122.15 of the Revised Code.
(b) The corporation uses more than fifty per cent of the
corporation's assets, based on net book value, that are located in
Ohio solely to conduct activities that constitute a qualified
trade or business as defined by section 122.15 of the Revised
Code.
(c) The corporation has been formed or organized not more
than three years before the report required to be filed by section
5733.02 of the Revised Code is due, without regard to any
extensions.
(d) The corporation is not a related member, as defined in
section 5733.042 of the Revised Code, at any time during the
taxable year with respect to another person treated as a
corporation for federal income tax purposes. A corporation is not
a related member if during the entire taxable year at least
seventy-five per cent of the corporation's stock is owned directly
or through a pass-through entity by individuals, estates, and
grantor trusts, and the individuals, estates, and grantor trusts
do not directly or indirectly own more than twenty per cent of the
value of another person treated as a corporation for federal
income tax purposes that is conducting a qualified trade or
business.
(D) The tax charged each financial institution subject to
this chapter shall be that portion of the value of the issued and
outstanding shares of stock as determined under division (A) of
section 5733.05 of the Revised Code, multiplied by the
following
amounts:
(1) For tax years prior to the 1999 tax year, fifteen
mills;
(2) For the 1999 tax year, fourteen mills;
(3) For tax year 2000 and thereafter, thirteen mills.
(E) No tax shall be charged from any corporation that has
been adjudicated bankrupt, or for which a receiver has been
appointed, or that has made a general assignment for the
benefit
of creditors, except for the portion of the then current tax year
during which the tax commissioner finds such corporation had the
power to exercise its corporate franchise unimpaired by such
proceedings or act. The minimum payment for all corporations
each corporation shall be fifty dollars as follows:
(1) One thousand dollars in the case of a corporation having gross receipts for the taxable year equal to at least five million dollars from activities within or outside this state or in the case of a corporation employing at least three hundred employees at some time during the taxable year within or outside this state;
(2) Fifty dollars in the case of any other corporation.
The tax charged to corporations under this chapter for the
privilege of engaging in business in this state, which is an
excise tax levied on the value of the issued and outstanding
shares of stock, shall in no manner be construed as prohibiting
or
otherwise limiting the powers of municipal corporations, joint
economic development zones created under section 715.691 of the
Revised Code,
and joint economic development districts created
under section 715.70 or
715.71 or sections 715.72 to 715.81 of the
Revised Code in this state to
impose an income tax on the income
of such corporations.
(F) If two or more taxpayers satisfy the ownership or
control requirements of
division (A) of section 5733.052 of the
Revised Code, each such taxpayer shall
substitute
"the taxpayer's
pro-rata amount" for
"fifty thousand dollars" in
divisions (A) and
(B) of this section. For purposes of this division,
"the
taxpayer's pro-rata amount" is an amount that, when added to the
other such
taxpayers' pro-rata amounts, does not exceed fifty
thousand dollars. For the
purpose of making that computation, the
taxpayer's pro-rata amount shall not
be less than zero. Nothing
in this division derogates from or eliminates the
requirement to
make the alternative computation of tax under division (C) of
this
section.
(G) The tax liability of any corporation under division (C)
of this section
shall not exceed one hundred fifty thousand
dollars.
(H)(1) For the purposes of division (H) of this section,
"exiting
corporation" means a corporation that satisfies all of
the following
conditions:
(a) The corporation had nexus with or in this state under
the Constitution
of the United States during any portion of a
calendar year;
(b) The corporation was not a corporation described in
division (A) of section 5733.01 of the Revised Code on the first
day of January
immediately following that calendar year;
(c) The corporation was not a financial institution on the
first day of
January immediately following that calendar year;
(d) If the corporation was a transferor as
defined in
section 5733.053 of
the Revised Code,
the corporation's transferee
was not required to add to the transferee's
net income the income
of the transferor pursuant to division (B) of
that section;
(e) During any portion of that calendar year, or any portion
of the
immediately preceding calendar year, the corporation had
net income that was
not included in a report filed by the
corporation or its transferee
pursuant to section 5733.02,
5733.021, 5733.03,
5733.031, or 5733.053 of the Revised Code;
(f) The corporation would have been subject to the tax
computed under
divisions (A), (B), (C), (F), and (G) of this
section if the corporation is
assumed to be a corporation
described in division (A) of
section 5733.01 of the Revised Code
on the first day of January immediately following the
calendar
year to which division (H)(1)(a) of this
section refers.
(2) For the purposes of division (H) of this section,
"unreported net income"
means net income that was not previously
included in a report filed pursuant
to section 5733.02, 5733.021,
5733.03, 5733.031, or
5733.053 of the Revised Code and
that was
realized or recognized during the calendar year to
which
division (H)(1) of this section refers or the immediately
preceding
calendar year.
(3) Each exiting corporation shall pay a tax computed by
first allocating and
apportioning the unreported net income
pursuant to division (B) of section
5733.05 and section 5733.051
and, if applicable,
section 5733.052 of the
Revised Code. The
exiting corporation then shall compute the tax due on its
unreported net income allocated and apportioned to this state by
applying
divisions (A), (B), and (F) of this section to that
income.
(4) Divisions (C) and (G) of this section, division (D)(2)
of section
5733.065, and division (C) of section 5733.066 of the
Revised Code do not
apply to an exiting corporation, but exiting
corporations are subject to every
other provision of this chapter.
(5) Notwithstanding division (B) of section 5733.01 or
sections 5733.02, 5733.021, and 5733.03 of the Revised
Code to the
contrary, each exiting corporation shall report and pay the tax
due under division (H) of this section on or before the
thirty-first day of
May immediately following the calendar year
to
which
division (H)(1)(a) of this section refers. The exiting
corporation
shall file that
report on the form most recently
prescribed by the tax commissioner for the
purposes of complying
with sections 5733.02 and 5733.03 of the Revised Code.
Upon
request by the corporation, the tax commissioner may extend the
date for
filing the report.
(6) If, on account of the application of section 5733.053 of
the Revised Code, net income
is subject to the tax imposed by
divisions (A) and (B) of
this section, such income shall not be
subject to the tax imposed by division
(H)(3) of this section.
(7)
The amendments made to division (H) of this section by
Am. Sub. S.B. 287 of the 123rd general assembly do not apply to
any transfer, as defined in section 5733.053 of the Revised Code,
for which negotiations began prior to January 1, 2001, and that
was commenced in and completed during calendar year 2001, unless
the taxpayer makes an election prior to December 31, 2001, to
apply those amendments.
(8) The tax commissioner may adopt rules governing division
(H) of
this
section.
(I) Any reference in the Revised Code to
"the tax imposed by
section 5733.06
of the Revised Code" or
"the tax due under section
5733.06 of the Revised
Code" includes the taxes imposed under
sections 5733.065 and 5733.066 of the
Revised Code.
(J)(1) Division (J)
of this section applies solely to a
combined company. Section 5733.057 of the
Revised Code shall
apply when calculating the adjustments
required by division
(J)
of
this section.
(2) Subject to division
(J)(4)
of this section, the total
tax calculated in divisions
(A) and (B) of this section shall be
reduced by an amount
calculated by
multiplying such tax by a
fraction, the numerator of which is the
total taxable gross
receipts attributed to providing public
utility activity other
than as an electric company under section 5727.03 of
the Revised
Code for the year upon which the taxable gross
receipts are
measured immediately preceding the tax year, and the denominator
of which is the total gross receipts from all sources for the year
upon which
the taxable gross receipts are measured immediately
preceding the tax year.
Nothing herein shall be construed to
exclude from the denominator any item of income described in
section 5733.051 of the
Revised
Code.
(3) Subject to division
(J)(4)
of this section, the total
tax calculated in division
(C)
of this section shall be reduced by
an amount calculated by
multiplying such tax by the fraction
described in division
(J)(2) of this section.
(4) In no event shall the reduction provided by
division
(J)(2) or (J)(3)
of this section exceed the amount of the excise
tax paid in
accordance with section 5727.38 of the Revised Code,
for the year upon which the taxable gross receipts are measured
immediately preceding the tax year.
Sec. 5733.0611. (A) There is hereby allowed a nonrefundable credit against
the tax imposed under section 5733.06 of the Revised Code. The credit shall
be equal to the taxpayer's proportionate share of the lesser of
either the tax due or the tax paid by any qualifying
entity under section 5733.41 of the Revised Code for the qualifying taxable
year of the qualifying entity that ends in the
taxable year of the taxpayer. The taxpayer shall claim the
credit for the taxpayer's taxable year in which ends the qualifying entity's
qualifying taxable year.
In claiming the
credit and determining its proportionate share of the tax due
and the tax paid by the qualifying entity, the person claiming the credit
shall follow the concepts set forth in subchapter K of the
Internal Revenue Code. Nothing in this division shall be construed to limit
or disallow pass-through treatment of a pass-through entity's
income, deductions, credits, or other amounts necessary to
compute the tax imposed and the credits allowed under this chapter.
The credit shall be claimed in the order required under section 5733.98 of the
Revised Code. Any unused credit shall
be allowed as a credit in the ensuing tax year. Any such amount
allowed as a credit in an ensuing tax year shall be deducted
from the balance carried forward to the next ensuing tax year.
(B) Any person that is not a taxpayer solely by reason of division
(A) or (C) of section 5733.09 of the Revised Code or a person described in
section 501(c) of the Internal Revenue
Code or division (F) of section 3334.01 of the Revised Code,
but that would be entitled to claim the nonrefundable credit
under this section if that person were a taxpayer, may file an
application for refund pursuant to section 5733.12 of the Revised Code.
Upon proper application for refund under that section, the tax
commissioner shall issue a refund in the amount of the credit to
which that person would have been entitled under division
(A)(1) of this section if the person had been a
taxpayer, and as if the
credit were a refundable credit.
(C) If an organization described in section 401(a) of the
Internal Revenue Code or a trust or fund
is entitled to a proportionate share of the lesser of either the
tax due or the tax paid by any qualifying entity under section
5733.41 of the Revised Code, and if that proportionate
share is then or could be allocable to an exempt person as defined in
division (D) of this section,
then the organization, trust, or fund
may file an application for
refund with respect to such allocable amounts pursuant to
section 5733.12 of the Revised Code. Upon proper application
for refund under that section, the tax commissioner shall issue
a refund in the amount of the credit to which the
organization,
trust, or fund would have been entitled under division
(A)(1) of this section had the organization,
trust, or fund been a taxpayer, and as if the credit were a
refundable credit. To the extent that such an
organization, trust, or fund is
permitted to apply for a refund under this division, or to the
extent that such an organization, trust, or fund
has applied for such a refund,
exempt persons are not entitled to the credit authorized under
this section or section 5747.059 of the
Revised Code.
(D)(1) For the purposes of division (C) of this section
only, "exempt person" means any of the following:
(a) A person that is or may be the beneficiary of a trust if the trust is
subject to Subchapter D of Chapter 1 of Subtitle A of the Internal Revenue
Code.
(b) A person that is or may be the
beneficiary of or the recipient of payments from a nuclear
decommissioning reserve fund, a designated settlement fund, or
any other trust or fund established to resolve and satisfy
claims that may otherwise be asserted by the beneficiary or a
member of the beneficiary's family. Sections 267(c)(4), 468A(e),
and 468B(d)(2) of the Internal Revenue Code apply to the determination
of whether such a person is an exempt person under division
(D) of this section.
(c) A person, other than a person that is treated as a C
corporation for federal income tax purposes, who is or may be the
beneficiary of a trust that, under its governing instrument, is
not required to distribute all of its income currently.
Division (D)(1)(c)
of this section applies only if the trust irrevocably agrees
that for the taxable year during or for which the trust
distributes any of its income to any of the beneficiaries, the
trust is a qualifying trust as
defined in section 5733.40 of the Revised Code and will
pay the estimated tax, and
will withhold and pay the withheld tax as required under
section 5733.41 and sections 5747.40 to 5747.453 of the
Revised Code.
(2) An exempt person does not include any person that
would not qualify as an exempt person under the doctrines of
"economic reality," "sham transaction," "step doctrine," or
"substance over form." Notwithstanding sections 5733.111 and
5747.131 section 5703.56 of the Revised Code to the contrary, an organization, trust, or
fund
described in division
(C) of this section bears the
burden of establishing by a preponderance of the evidence that
any transaction giving rise to a claim for a refundable credit
under this section does not have as a principal purpose a claim
for that credit. Nothing in this section shall be construed to
limit solely to this section the application of the doctrines
referred to in division (D)(2)
of this section.
(E) Nothing in this
section shall be construed to allow a refund more than once with
respect to the taxes imposed under section 5733.41 or 5747.41 of
the Revised Code.
Sec. 5733.09. (A) An (1) Except as provided in divisions (A)(2) and (3) of this section, an incorporated company, whether
foreign
or domestic, owning and operating a public utility in
this state,
and required by law to file reports with the
tax commissioner and
to pay an excise tax upon its gross
receipts, and insurance,
fraternal, beneficial, bond investment,
and other corporations
required by law to file annual reports
with the superintendent of
insurance and dealers in intangibles,
the shares of which are, or
the capital or ownership in capital
employed by such dealer is,
subject to the taxes imposed by
section 5707.03 of the Revised
Code, shall not be subject to this
chapter, except for sections
5733.031, 5733.042, 5733.05, 5733.052,
5733.053, 5733.069,
5733.0611, 5733.40, 5733.41, and sections 5747.40 to
5747.453 of
the Revised Code.
However, for reports required to be filed under
section 5725.14 of the Revised Code in 2003 and thereafter,
nothing in this section shall be
construed to exempt the property
of any dealer in intangibles under section 5725.13 of the Revised
Code from the tax imposed
under section 5707.03 of the Revised
Code. An
(2) An electric company
subject to the
filing requirements of
section 5727.08 of the
Revised Code
or otherwise having nexus with
or in this state under
the
Constitution of the United States, or
any other corporation
having any gross
receipts directly
attributable to providing
public utility service as an electric
company or having any
property directly attributable to
providing
public utility service
as an electric company, is
subject to this
chapter.
(3) A telephone company that no longer pays an excise tax under section 5727.30 of the Revised Code on its gross receipts billed after June 30, 2004, is first subject to taxation under this chapter for tax year 2005. For that tax year, a telephone company with a taxable year ending in 2004 shall compute the tax imposed under this chapter, and shall compute the net operating loss carry forward for tax year 2005, by multiplying the tax owed under this chapter, net of all nonrefundable credits, or the loss for the taxable year, by fifty per cent.
(B) A corporation that has made an election under
subchapter
S, chapter one, subtitle A, of the Internal Revenue
Code for its
taxable year under such code is exempt from the tax
imposed by
section 5733.06 of the Revised Code that is based on
that taxable
year.
A corporation that makes such an election shall file a
notice
of such election with the tax commissioner between the
first day
of January and the thirty-first day of March of each
tax year that
the election is in effect.
(C) An entity defined to be a "real estate investment
trust"
by section 856 of the Internal Revenue Code, a "regulated
investment company" by section 851 of the Internal Revenue Code,
or a "real estate mortgage investment conduit" by section 860D of
the Internal Revenue Code, is exempt from taxation for a tax year
as a corporation under this chapter and is exempt from taxation
for a return year as a dealer in intangibles under Chapter 5725.
of the Revised Code if it provides the report required by this
division. By the last day of March of the tax or return year the
entity shall submit to the tax commissioner the name of the
entity
with a list of the names, addresses, and social security
or
federal identification numbers of all investors, shareholders,
and
other similar investors who owned any interest or invested in
the
entity during the preceding calendar year. The commissioner
may
extend the date by which the report must be submitted for
reasonable cause shown by the entity. The commissioner may
prescribe the form of the report required for exemption under
this
division.
(D)(1) As used in this division:
(a) "Commercial printer" means a
person primarily engaged in
the business of commercial printing. However,
"commercial
printer" does not include a person
primarily engaged in the
business of providing duplicating
services using photocopy
machines or other xerographic
processes.
(b) "Commercial printing" means
printing by one or more
common processes such as letterpress,
lithography, gravure,
screen, or digital imaging, and includes
related activities such
as binding, platemaking, prepress
operation, cartographic
composition, and typesetting.
(c) "Contract for printing" means an
oral or written
agreement for the purchase of printed materials
produced by a
commercial printer.
(d) "Intangible property located at
the premises of a
commercial printer" means intangible property
of any kind owned or
licensed by a customer of the commercial
printer and furnished to
the commercial printer for use in
commercial printing.
(e) "Printed material" means any
tangible personal property
produced or processed by a commercial
printer pursuant to a
contract for printing.
(f) "Related member" has the same
meaning as in division
(A)(6)
of section 5733.042 of the Revised Code without regard to
division (B) of that section.
(2) Except as provided in divisions (D)(3) and (4) of this
section, a corporation not otherwise subject to the tax imposed by
section
5733.06 of the Revised Code for a tax year does not become
subject
to that tax for
the tax year solely by reason of any one
or more of the
following occurring in this state during the
taxable year that
ends immediately prior to the tax year:
(a) Ownership by the corporation or a
related member of the
corporation of tangible personal property
or intangible property
located during all or any portion of the
taxable year or on the
first day of the tax year at the premises
of a commercial printer
with which the corporation or the
corporation's related member has
a contract for printing with
respect to such property or the
premises of a commercial
printer's related member with which the
corporation or the
corporation's related member has a contract for
printing with
respect to such property;
(b) Sales by the corporation or a
related member of the
corporation of property produced at and
shipped or distributed
from the premises of a commercial printer
with which the
corporation or the corporation's related member
has a contract for
printing with respect to such property or the
premises of a
commercial printer's related member with which the
corporation or
the corporation's related member has a contract
for printing with
respect to such property;
(c) Activities of employees,
officers, agents, or
contractors of the corporation or a related
member of the
corporation on the premises of a commercial
printer with which the
corporation or the corporation's related
member has a contract for
printing or the premises of a
commercial printer's related member
with which the corporation
or the corporation's related member has
a contract for printing,
where the activities are directly and
solely related to quality
control, distribution, or printing
services, or any combination
thereof, performed by or at the
direction of the commercial
printer or the commercial printer's
related member.
(3) The exemption under this division does not apply for a
taxable year to any corporation having on the first day of
January
of the tax year or at
any time during the taxable year ending
immediately preceding
the first day of January of the
tax year a
related member which, on the first day of
January of the tax year
or
during any portion of such taxable year of the corporation,
has
nexus in or with this state under the Constitution of the
United
States or holds a certificate
of compliance with the laws of this
state authorizing it to
do business in this state.
(4) With respect to allowing the exemption under this
division, the tax commissioner shall be guided by the doctrines
of
"economic reality," "sham transaction," "step transaction,"
and
"substance over form." A corporation shall bear the burden
of
establishing by a preponderance of the evidence that any
transaction giving rise to an exemption claimed under this
division did not have as a principal purpose the avoidance of
any
portion of the tax imposed by section 5733.06 of the Revised Code.
Application of the doctrines listed in division
(D)(4) of
this section is not
limited to this division.
Sec. 5733.121. 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. 5733.45. (A) For purposes of this section, a
"qualifying dealer in intangibles" is a dealer in intangibles that
is a member of a qualifying controlled group of which a financial
institution is also a member on the first day of the financial
institution's tax year.
(B) For tax years 2002 and thereafter, there is hereby
allowed to each financial institution a nonrefundable credit
against the tax imposed by section 5733.06 of the Revised Code.
The amount of the credit shall be computed in accordance with
division (C) of this section. The credit shall be claimed in the
order prescribed by section 5733.98 of the Revised Code. The
credit shall not exceed the amount of tax otherwise due under
section 5733.06 of the Revised Code after deducting any other
credits that precede the credit claimed under this section in that
order.
(C) Subject to division (D) of this section, the amount of
the nonrefundable credit is the lesser of the amount described in
division (C)(1) of this section or the amount described in
division (C)(2) of this section.
(1) The amount of tax that a qualifying dealer in
intangibles paid under Chapter 5707. of the Revised Code during
the calendar year immediately preceding
the financial
institution's tax year. Such amount shall be
reduced, but not
below zero, by any refunds of such tax received by the
qualifying
dealer in intangibles under Chapter 5703. of the
Revised Code
during that calendar year.
(2) The product of the amounts described in division
(C)(2)(a) to (C)(2)(c) of this section. The amount described in
division (C)(2)(a) of this section shall be
ascertained on the
last day of the financial institution's taxable
year immediately
preceding the tax year.
(a) The cost of the financial institution's direct
investment in the capital stock of the qualifying dealer in
intangibles. The cost does not include any appreciation or
goodwill to the extent those amounts are allowed as an exempted
asset on the financial institution's annual report.
(b) The ratio described in section
5725.15
of the Revised
Code for the calendar year immediately preceding
the financial
institution's tax year;
(c) The tax rate imposed under division (D) of section
5707.03 of the Revised
Code for the calendar year immediately
preceding the financial institution's tax year.
(D)(1) The principles and concepts set forth in section
5733.057 of the Revised Code shall apply to ascertain if a dealer
in intangibles is a member of a qualifying controlled group of
which the financial institution also is a member and to ascertain
the cost of the financial institution's direct investment in the
capital stock of the qualifying dealer in intangibles.
(2) Notwithstanding section 5733.111
5703.56 of the Revised Code to the contrary, a
financial institution claiming the credit provided by this section
has the burden to establish by a preponderance of the evidence
that none of the doctrines enumerated in that section would apply to deny to
the financial institution all or a part of the credit otherwise
provided by this section.
(E) For tax years 2002 and 2003, the credit allowed by this
section applies only if the qualifying dealer in intangibles on
account of which the financial institution is claiming the credit
submits to the
Tax Commissioner
tax commissioner, not later than
January 15, 2002,
a
written statement that the qualifying dealer
in intangibles
irrevocably agrees that it will not seek a refund
of the tax paid
by the dealer under section 5707.03 of the Revised
Code in 2000
and 2001, and irrevocably agrees to continue paying
that tax in
2002, regardless of the amendment of section 5725.26
of the
Revised Code by Am. Sub. H.B. 405 of the 124th general
assembly.
Sec. 5733.55. (A) As used in this section:
(1) "9-1-1 system" has the same meaning as in section 4931.40 of the Revised Code.
(2) "Nonrecurring 9-1-1 charges" means nonrecurring charges approved by the public utilities commission for the telephone network portion of a 9-1-1 system pursuant to section 4931.47 of the Revised Code.
(3) "Eligible nonrecurring 9-1-1 charges" means all nonrecurring 9-1-1 charges for a 9-1-1 system, except:
(a) Charges for a system that was not established pursuant to a plan adopted under section 4931.44 of the Revised Code or an agreement under section 4931.48 of the Revised Code;
(b) Charges for that part of a system established pursuant to such a plan or agreement that are excluded from the credit by division (C)(2) of section 4931.47 of the Revised Code.
(4) "Telephone company" has the same meaning as in section 5727.01 of the Revised Code.
(B) Beginning in tax year 2005, a telephone company shall be allowed a nonrefundable credit against the tax imposed by section 5733.06 of the Revised Code equal to the amount of its eligible nonrecurring 9-1-1 charges. The credit shall be claimed for the company's taxable year that covers the period in which the 9-1-1 service for which the credit is claimed becomes available for use. The credit shall be claimed in the order required by section 5733.98 of the Revised Code. If the credit exceeds the total taxes due under section 5733.06 of the Revised Code for the tax year, the commissioner shall credit the excess against taxes due under that section for succeeding tax years until the full amount of the credit is granted.
(C) After the last day a return, with any extensions, may be filed by any telephone company that is eligible to claim a credit under this section, the commissioner shall determine whether the sum of the credits allowed for prior tax years commencing with tax year 2005 plus the sum of the credits claimed for the current tax year exceeds fifteen million dollars. If it does, the credits allowed under this section for the current tax year shall be reduced by a uniform percentage such that the sum of the credits allowed for the current tax year do not exceed fifteen million dollars claimed by all telephone companies for all tax years. Thereafter, no credit shall be granted under this section, except for the remaining portions of any credits allowed under division (B) of this section.
(D) A telephone company that is entitled to carry forward a credit against its public utility excise tax liability under section 5727.39 of the Revised Code is entitled to carry forward any amount of that credit remaining after its last public utility excise tax payment for the period of July 1, 2003, through June 30, 2004, and claim that amount as a credit against its corporation franchise tax liability under this section. Nothing in this section authorizes a telephone company to claim a credit under this section for any eligible nonrecurring 9-1-1 charges for which it has already claimed a credit under section 5727.39 of the Revised Code.
Sec. 5733.56. Beginning in tax year 2005, a telephone company that provides any telephone service program to aid the communicatively impaired in accessing the telephone network under section 4905.79 of the Revised Code is allowed a nonrefundable credit against the tax imposed by section 5733.06 of the Revised Code. The amount of the credit is the cost incurred by the company for providing the telephone service program during its taxable year, excluding any costs incurred prior to July 1, 2004. If the tax commissioner determines that the credit claimed under this section by a telephone company was not correct, the commissioner shall determine the proper credit.
A telephone company shall claim the credit in the order required by section 5733.98 of the Revised Code. If the credit exceeds the total taxes due under section 5733.06 of the Revised Code for the tax year, the commissioner shall credit the excess against taxes due under that section for succeeding tax years until the full amount of the credit is granted. Nothing in this section authorizes a telephone company to claim a credit under this section for any costs incurred for providing a telephone service program for which it is claiming a credit under section 5727.44 of the Revised Code.
Sec. 5733.57. (A) As used in this section:
(1) "Small telephone company" means a telephone company, existing as such as of January 1, 2003, with twenty-five thousand or fewer access lines as shown on the company's annual report filed under section 4905.14 of the Revised Code for the calendar year immediately preceding the tax year, and is an "incumbent local exchange carrier" under 47 U.S.C. 251(h).
(2) "Gross receipts tax amount" means the product obtained by multiplying four and three-fourths per cent by the amount of a small telephone company's taxable gross receipts, excluding the deduction of twenty-five thousand dollars, that the tax commissioner would have determined under section 5727.33 of the Revised Code for that small telephone company for the annual period ending on the thirtieth day of June of the calendar year immediately preceding the tax year, as that section applied in the measurement period from July 1, 2002, to June 30, 2003.
(3) "Applicable percentage" means one hundred per cent for tax year 2005; eighty per cent for tax year 2006; sixty per cent for tax year 2007; forty per cent for tax year 2008; twenty per cent for tax year 2009; and zero per cent for each subsequent tax year thereafter.
(4) "Applicable amount" means the amount resulting from subtracting the gross receipts tax amount from the tax imposed by sections 5733.06, 5733.065, and 5733.066 of the Revised Code for the tax year, without regard to any credits available to the small telephone company.
(B)(1) Except as provided in division (B)(2) of this section, beginning in tax year 2005, a small telephone company is hereby allowed a nonrefundable credit against the tax imposed by sections 5733.06, 5733.065, and 5733.066 of the Revised Code, equal to the product obtained by multiplying the applicable percentage by the applicable amount. The credit shall be claimed in the order required by section 5733.98 of the Revised Code.
(2) If the applicable amount for a tax year is less than zero, a small telephone company shall not be allowed for that tax year the credit provided under this section.
Sec. 5733.98. (A) To provide a uniform procedure for
calculating the amount of tax imposed by section 5733.06 of the
Revised Code
that is due under this chapter, a taxpayer
shall
claim any credits to which it is entitled in the following order,
except as otherwise provided in section 5733.058 of the Revised
Code:
(1) The credit for taxes paid by a qualifying pass-through
entity allowed
under section 5733.0611 of the Revised Code;
(2) The credit allowed for financial institutions under
section 5733.45 of the Revised Code;
(3) The credit for qualifying affiliated groups under
section
5733.068 of the Revised Code;
(4) The subsidiary corporation credit under section
5733.067
of the Revised Code;
(5) The savings and loan assessment credit under section
5733.063 of the Revised Code;
(6) The credit for recycling and litter prevention
donations
under section
5733.064 of the Revised Code;
(7) The credit for employers that enter into
agreements with
child day-care centers under section 5733.36 of the
Revised Code;
(8) The credit for employers that reimburse employee child
day-care
expenses under section 5733.38 of the Revised
Code;
(9) The credit for maintaining railroad active grade
crossing
warning
devices under section 5733.43 of the Revised
Code;
(10) The credit for purchases of lights and reflectors under
section
5733.44 of the Revised Code;
(11) The job retention credit under division (B) of section
5733.0610 of the Revised Code;
(12) The credit for
losses on loans made under the Ohio venture capital
program under sections 150.01 to 150.10 of th the Revised Code if the
taxpayer elected a nonrefundable credit under section 150.07 of
the Revised Code;
(13) The credit for purchases of new manufacturing
machinery
and equipment under section 5733.31 or section 5733.311
of the
Revised Code;
(14) The second credit for purchases of new
manufacturing
machinery and equipment under
section 5733.33 of the
Revised Code;
(15) The job training credit under section 5733.42 of
the
Revised
Code;
(16) The credit for qualified research expenses under
section 5733.351 of
the Revised Code;
(17) The enterprise zone credit under section 5709.66 of
the
Revised Code;
(18) The credit for the eligible costs associated with a
voluntary action under section 5733.34
of the Revised Code;
(19) The credit for employers that establish on-site
child
day-care under section 5733.37 of the Revised
Code;
(20)
The ethanol plant investment credit under section
5733.46 of the Revised Code;
(21) The credit for purchases of qualifying grape
production
property under section 5733.32 of the Revised Code;
(22) The export sales credit under section 5733.069 of
the
Revised Code;
(23) The credit for research and development and
technology
transfer investors under section 5733.35 of the Revised
Code;
(24) The enterprise zone credits under section 5709.65
of
the
Revised Code;
(25) The credit for using Ohio coal under section
5733.39
of
the
Revised Code;
(26)
The credit for small telephone companies under section 5733.57 of the Revised Code;
(27) The credit for eligible nonrecurring 9-1-1 charges under section 5733.55 of the Revised Code;
(28) The credit for providing programs to aid the communicatively impaired under section 5733.56 of the Revised Code;
(29) The refundable jobs creation credit under
division
(A)
of section
5733.0610 of the Revised Code;
(27)(30) The refundable credit for tax withheld under
division
(B)(2) of section 5747.062 of the Revised Code;
(28)(31) The credit for losses on loans made to the Ohio venture capital program under sections 150.01 to 150.10 of the Revised Code if the taxpayer elected a refundable credit under section 150.07 of the Revised Code.
(B) For any credit except the
credits enumerated
in divisions (A)(26), (27),(29), (30), and (28)(31) of this section, the amount of the
credit for a tax year shall not
exceed
the tax due after allowing
for any other credit that
precedes it
in the order required under
this section. Any excess
amount of a
particular credit may be
carried forward if authorized
under the
section creating that
credit.
Sec. 5735.05. (A) To provide revenue for maintaining the
state highway system; to widen existing surfaces on such
highways; to resurface such highways; to pay that portion of the
construction cost of a highway project which a county, township,
or municipal corporation normally would be required to pay, but
which the director of transportation, pursuant to division (B) of
section 5531.08 of the Revised Code, determines instead will be
paid from moneys in the highway operating fund; to enable the
counties of the state properly to plan, maintain, and repair
their roads and to pay principal, interest, and charges on bonds
and other obligations issued pursuant to Chapter 133. of the
Revised Code for highway improvements; to enable the municipal
corporations to plan, construct, reconstruct, repave, widen,
maintain, repair, clear, and clean public highways, roads, and
streets, and to pay the principal, interest, and charges on bonds
and other obligations issued pursuant to Chapter 133. of the
Revised Code for highway improvements; to enable the Ohio
turnpike commission to construct, reconstruct, maintain, and
repair turnpike projects; to maintain and repair bridges and
viaducts; to purchase, erect, and maintain street and traffic
signs and markers; to purchase, erect, and maintain traffic
lights and signals; to pay the costs apportioned to the public
under sections 4907.47 and 4907.471 of the Revised Code and to
supplement revenue already available for such purposes; to pay
the costs incurred by the public utilities commission in
administering sections 4907.47 to 4907.476 of the Revised Code;
to distribute equitably among those persons using the privilege
of driving motor vehicles upon such highways and streets the cost
of maintaining and repairing them; to pay the interest,
principal, and charges on highway capital improvements bonds and other
obligations issued
pursuant to Section 2m of Article VIII, Ohio Constitution,
and section 151.06 of the Revised Code; to pay the
interest, principal, and charges on highway obligations issued
pursuant to Section 2i of Article VIII, Ohio Constitution, and
sections 5528.30 and 5528.31 of the Revised Code; and to provide
revenue for the purposes of sections 1547.71 to 1547.78 of the
Revised Code; and to pay the expenses of the department of taxation incident to the administration of the motor fuel laws, a motor fuel excise tax is hereby imposed on
all motor fuel dealers upon receipt of motor fuel within
this state at the rate of two cents plus
the cents per gallon rate on each gallon so received, to be computed in
the manner set forth in section 5735.06
of the Revised Code; provided that no tax is hereby imposed upon
the following transactions:
(1) The sale of dyed diesel fuel
by a licensed motor fuel dealer from a location other than a
retail service station provided the licensed motor fuel dealer
places on the face of the delivery document or invoice, or both
if both are used, a conspicuous notice stating that the fuel is
dyed and is not for taxable use, and that taxable use of that
fuel is subject to a penalty. The tax commissioner, by rule,
may provide that any notice conforming to rules or regulations
issued by the United States department of the
treasury or the Internal Revenue Service is sufficient notice
for the purposes of division (A)(1) of this section.
(2) The sale of K-1 kerosene to a retail service
station, except when placed directly in the fuel supply tank of a motor
vehicle. Such sale shall be rebuttably presumed to not be distributed or sold
for use or used to generate power for the operation of motor vehicles upon the
public highways or upon the waters within the boundaries of this
state.
(3) The sale of motor fuel by a licensed motor
fuel dealer to another licensed motor fuel dealer;
(4) The exportation of
motor
fuel by a licensed motor fuel dealer from
this state to any other state or foreign
country;
(5) The sale of motor fuel to the United
States
government or any of its agencies, except such tax as is
permitted by it, where such sale is evidenced by an exemption
certificate, in a form approved by the tax commissioner, executed
by the United States government or an agency thereof certifying
that the motor fuel therein identified has been purchased
for the exclusive use of the United States government or its
agency;
(6) The sale of motor fuel which that is in the
process
of transportation in foreign or interstate commerce, except in so
far insofar as it may be taxable under the
Constitution and statutes of
the United States, and except as may be agreed upon in writing by
the dealer and the commissioner;
(7) The sale of motor fuel when sold
exclusively
for use in the operation of aircraft, where such sale
is
evidenced by an exemption certificate prescribed by the
commissioner and executed by the purchaser certifying that the
motor fuel purchased has been purchased for exclusive use
in the operation of aircraft;
(8) The sale for exportation of motor fuel by a licensed motor
fuel dealer to a licensed exporter type A;
(9) The sale for exportation of motor fuel by a licensed motor fuel dealer
to a licensed exporter type B, provided that the destination state
motor fuel tax has been paid or will be accrued and paid by the licensed motor
fuel dealer.
(10) The sale to a consumer of diesel fuel, by a motor fuel
dealer for delivery from a bulk lot vehicle, for consumption in operating a
vessel when the use of such fuel in a vessel would otherwise qualify for a
refund under section 5735.14 of the Revised Code.
Division (A)(1) of this section does not apply to the
sale or distribution of dyed diesel fuel used to operate a motor
vehicle on the public highways or upon water within the
boundaries of this state by persons permitted under regulations
of the United States department of the treasury or
of the Internal Revenue Service to so use dyed diesel fuel.
(B) The two cent motor fuel tax levied by this section
is also
for the purpose of paying the expenses of administering and
enforcing the state law relating to the registration and
operation of motor vehicles.
(C) After the tax provided for by this section on the receipt of any motor
fuel has
been paid by
the motor fuel dealer, the motor fuel may thereafter be
used, sold,
or resold by any person having lawful title to it, without
incurring liability for such tax.
If a licensed motor fuel dealer sells motor fuel
received by
the licensed
motor fuel dealer to another
licensed motor fuel dealer, the seller may deduct on the report
required by
section 5735.06 of the Revised Code the number of gallons so sold
for the month within which the motor fuel was sold or
delivered. In this event the number of gallons is deemed to have
been received by the purchaser, who shall report and pay the tax
imposed thereon.
Sec. 5735.053. There is hereby created in the state treasury the motor fuel tax administration fund for the purpose of paying the expenses of the department of taxation incident to the administration of the motor fuel laws. After the treasurer of state credits the tax refund fund out of tax receipts as required by sections 5735.23, 5735.26, 5735.291, and 5735.30 of the Revised Code, the treasurer of state shall transfer to the motor fuel tax administration fund two hundred seventy-five one-thousandths per cent of the receipts from the taxes levied by sections 5735.05, 5735.25, 5735.29, and 5735.30 of the Revised Code.
Sec. 5735.14. (A) Any person who uses any motor fuel,
on which
the tax imposed by this
chapter
has been paid, for the purpose of
operating
stationary gas engines, tractors not used on public
highways,
unlicensed motor vehicles used exclusively in intraplant
operations, vessels when used in trade, including vessels when
used in connection with an activity
that constitutes a
person's
chief business or means of livelihood or any other vessel
used
entirely for commercial purposes, vessels used for commercial
fishing, vessels used by the sea scout department of the boy
scouts of America chiefly for training scouts in seamanship,
vessels used or owned by any railroad company, railroad car ferry
company, the United States, this state, or any political
subdivision of this state, or aircraft, or who uses any such fuel
upon which such tax has been paid, for cleaning or for dyeing, or
any purpose other than the operation of motor
vehicles upon
highways or upon waters within the boundaries of this state,
shall
be reimbursed in the amount of the tax so paid on such
motor fuel
as provided in this section; provided, that
any person purchasing
motor fuel in this state on which
taxes levied under Title LVII of
the Revised Code have been paid
shall be reimbursed for such taxes
paid in this state on such
fuel used by that person in another
state on which a tax is
paid for such
usage, except such tax used
as a credit against the tax levied by
section 5728.06 of the
Revised Code. A person shall not be reimbursed for
taxes paid on
fuel that is used while a motor vehicle is idling or used to
provide comfort or safety in the operation of a motor vehicle.
Sales of motor fuel, on which the tax imposed by this chapter has
been paid, from one person to another do not constitute use of
the
fuel and are not subject to a refund under this section.
Such (B) Any person who uses in this state any motor fuel with water intentionally added to the fuel, on which the taxes imposed by this chapter or Chapter 5728. of the Revised Code have been paid, shall be reimbursed in the amount of the taxes so paid on ninety-five per cent of the water. This division applies only to motor fuel that contains at least nine per cent water, by volume.
(C) A person claiming reimbursement under this section shall file with the tax commissioner an
application for refund within one year from
the
date of purchase,
stating the quantity of fuel used for the refundable purposes
other than the
operation of motor vehicles in division (A) or (B) of this section, except
that no
person shall file a
claim for the tax on fewer than one hundred
gallons of motor fuel. An application for refund filed for the purpose of division (B) of this section also shall state the quantity of water intentionally added to the motor fuel. No person shall claim reimbursement under that division on fewer than one hundred gallons of water.
The application shall be
accompanied by the statement
described
in
section 5735.15 of the
Revised Code showing such
purchase,
together with evidence of
payment thereof.
(D) After consideration of
the application and
statement,
the
commissioner shall determine
the amount of refund
to
which the
applicant is entitled.
If the amount is not less than
that
claimed, the commissioner
shall
certify
the amount to
the
director
of budget and
management
and
treasurer of state for
payment from
the tax refund
fund
created by
section 5703.052 of
the Revised
Code.
If the amount is less than that claimed, the
commissioner shall proceed in accordance with section 5703.70 of
the Revised Code.
No refund
shall
be
authorized or paid under this section on
a
single claim
for tax
on
fewer than one hundred gallons of motor
fuel. And, when water has been intentionally added to fuel, no refund shall be authorized or paid under this section on a single claim for tax on fewer than one hundred gallons of water.
The commissioner
may require that the application be
supported by
the affidavit of
the claimant.
The refund authorized
by this
section
or section 5703.70 of
the Revised Code shall be reduced by the cents per gallon amount
of
any
qualified fuel credit received under section 5735.145 of
the
Revised Code, as determined by the commissioner, for each
gallon
of qualified fuel included in the total gallonage of motor
fuel
upon which the refund is computed.
(E) The right to receive any refund under this section
or section
5703.70 of the Revised Code is not
assignable. The payment of
this refund shall not be made to any
person other than the person
originally entitled thereto who used
the motor fuel upon which the
claim for refund is based,
except
that such refunds, when allowed
and certified as provided
in this
section, may be paid to the
executor, the administrator,
the
receiver, the trustee in
bankruptcy, or the assignee in
insolvency
proceedings of such
person.
Sec. 5735.142. (A)(1) Any person who uses any motor fuel,
on which
the tax imposed by sections 5735.05, 5735.25, and
5735.29 of the
Revised Code has been paid, for the purpose of
operating a transit
bus shall be reimbursed in the amount of
the tax paid on motor
fuel used by public transportation
systems providing transit or
paratransit service on a regular
and continuing basis within the
state;
(2) A city, exempted village, joint vocational, or local school district or educational service center that uses purchases any motor fuel for school district or service center operations, on which any tax imposed by section 5735.29 of the Revised Code that became effective on or after July 1, 2003, has been paid, may, if an application is filed under this section, be reimbursed in the amount of all but two cents per gallon of that the total tax imposed by such section and paid on motor fuel, used for providing transportation for pupils in a vehicle the district owns or leases.
(B) Such person, school district, or educational service center shall file with the tax commissioner an
application for refund within one year from
the
date of purchase,
stating the quantity of fuel used for operating
transit buses used
by local transit systems in
furnishing scheduled common carrier,
public passenger land
transportation service along regular routes
primarily in one or
more municipal corporations or for operating vehicles used by for school districts to transport pupils district or service center operations. However, no
person shall file a
claim shall be made for the tax on fewer than one hundred
gallons of motor
fuel. A school district or educational service center shall not apply for a refund for any tax paid on motor fuel that is sold by the district or educational service center. The application shall be accompanied by
the
statement described in section 5735.15 of the Revised Code
showing the purchase, together with evidence of payment thereof.
(C) After
consideration of the application and statement, the
commissioner shall determine the amount of refund
to which
the
applicant is entitled. If the amount is not less than that
claimed, the commissioner shall
certify
the
amount to the
director of budget
and management and
treasurer of state for
payment from the tax
refund fund
created by
section 5703.052 of
the Revised Code.
If the amount is less
than that claimed, the
commissioner shall proceed in accordance
with section 5703.70 of
the Revised Code.
The
commissioner may
require that the application be
supported by
the affidavit of the
claimant. No refund shall be
authorized or
ordered for any single
claim for the tax on fewer
than one
hundred gallons of motor fuel. No refund shall be authorized or ordered on motor fuel that is sold by a school district or educational service center.
(D) The refund authorized by
this section
or section 5703.70 of
the Revised Code shall be reduced by the
cents per gallon amount
of
any qualified fuel credit received
under section 5735.145 of
the
Revised Code, as determined by the
commissioner, for each
gallon
of qualified fuel included in the
total gallonage of motor
fuel upon which the refund is computed.
(E) The right to receive any refund under this section
or section
5703.70 of the Revised Code is not
assignable. The payment of
this refund shall not be made to any
person or entity other than the person or entity
originally entitled thereto who used
the motor fuel upon which the
claim for refund is based,
except
that the refund when allowed and
certified, as provided in
this
section, may be paid to the
executor, the administrator, the
receiver, the trustee in
bankruptcy, or the assignee in
insolvency
proceedings of the
person.
Sec. 5735.15. When motor fuel is sold to a person
who claims to be entitled to a refund under section 5735.14 or
5735.142 of the Revised Code, the seller of such motor
fuel shall make out in duplicate on forms prescribed and supplied
by the tax commissioner, which forms shall have printed thereon provide to the person documentation
that indicates that the liability to the state for the excise tax imposed under
the motor fuel laws of this state on such motor
fuel has been assumed by the seller, and that said excise tax has
already been paid or will be paid by the seller when the same
becomes payable, a statement setting. The documentation also shall set forth the name and address
of the purchaser, the number of gallons of motor fuel
sold, the price paid for or the price per gallon of the motor fuel sold, the proposed use for which such motor fuel is
purchased, and such other information as the commissioner
requires. When motor fuel is sold to a person who claims to be entitled to reimbursement under division (B) of section 5735.14 of the Revised Code, the documentation also shall state the number of gallons of water intentionally added to the motor fuel. The original of such statement documentation shall be given to the
purchaser, and the duplicate a copy shall be retained by the seller.
Sec. 5735.19. (A) The tax commissioner may examine, during the
usual business hours of the day, the records, books, and papers invoices, storage tanks, and any other equipment
of any motor fuel dealer, retail dealer, exporter, terminal operator,
purchaser, or common carrier pertaining to motor
fuel received, sold, shipped, or delivered, to determine whether the taxes imposed by this chapter have been paid and to verify the
truth and accuracy of any statement, report, or return. The
(B) The tax
commissioner may, in the enforcement of the motor fuel
laws of this state, hold hearings, take the testimony of any
person, issue subpoenas and compel the attendance of witnesses,
and conduct such investigations as the commissioner deems necessary,
but no
person shall disclose the information acquired by the
commissioner under this section, except when required to do so in
court. Such information or evidence is not privileged when used
by the state or any officer thereof in any proceeding for the
collection of the tax, or any prosecution for violation of the
motor fuel laws.
(C) The commissioner may prescribe all forms upon which reports
shall be made to the commissioner, forms for claims for refund
presented to the commissioner, or forms of records to be used by
motor fuel dealers.
(D)(1) As used in this division, "designated inspection site" means any state highway inspection station, weigh station, mobile station, or other similar location designated by the tax commissioner to be used as a fuel inspection site.
(2) An employee of the department of taxation that is so authorized by the tax commissioner may physically inspect, examine, or otherwise search any tank, reservoir, or other container that can or may be used for the production, storage, or transportation of fuel, fuel dyes, or fuel markers, and books and records, if any, that are maintained at the place of inspection and are kept to determine tax liability under this chapter. Inspections may be performed at any place at which motor fuel is or may be produced or stored, or at any designated inspection site.
(3) An employee of the department of taxation who is a duly authorized enforcement agent may detain any motor vehicle, train, barge, ship, or vessel for the purpose of inspecting its fuel tanks and storage tanks. Detainment shall be on the premises under inspection or at a designated inspection site. Detainment may continue for a reasonable period of time as is necessary to determine the amount and composition of the fuel.
(4) Any employee described in division (D)(2) or (3) of this section who has been properly trained may take and remove samples of fuel in quantities as are reasonably necessary to determine the composition of the fuel.
(5) No person shall refuse to allow an inspection under division (D) of this section. Any person who refuses to allow an inspection shall be subject to revocation or cancellation of any license or permit issued under Chapter 5728. or 5735. of the Revised Code.
Sec. 5735.23. (A) Out of receipts from the tax levied by
section 5735.05 of the Revised Code, the treasurer of state shall
place to the credit of the tax refund fund established by section
5703.052 of the Revised Code amounts equal to the refunds
certified by the tax commissioner pursuant to sections 5735.13,
5735.14, 5735.141, 5735.142, and 5735.16 of the Revised
Code. The treasurer of state shall then transfer the amount
required by section
5735.051 of the Revised Code to the waterways safety fund and, the
amount required by section 4907.472 of the Revised Code to the
grade crossing protection fund, and the amount required by section 5735.053 of the Revised Code to the motor fuel tax administration fund.
(B) Except as provided in division (D) of this
section, each month the balance of the receipts from the tax
levied by section 5735.05 of the Revised Code shall be credited,
after receipt by the treasurer of state of
certification from
the commissioners of the sinking fund, as required by
section 5528.35 of the Revised Code,
that
there are sufficient moneys to the credit of the highway
obligations bond retirement fund to meet in full all payments of
interest, principal, and charges for the retirement of highway
obligations issued pursuant to Section 2i of Article VIII, Ohio
Constitution, and sections 5528.30 and 5528.31 of the Revised
Code due and payable during the current calendar year, as
follows:
(1) To the state and local government highway distribution
fund, which is hereby created in the state treasury, an amount
that is the same percentage of the balance to be credited as that
portion of the tax per gallon determined under division (B)(2)(a)
of section 5735.06 of the Revised Code is of the total tax per
gallon determined under divisions (B)(2)(a) and (b) of that
section.
(2) After making the distribution to the state and local
government highway distribution fund, the remainder shall be
credited as follows:
(a) Thirty per cent to the gasoline excise tax fund for
distribution pursuant to division (A)(1) of section 5735.27 of
the Revised Code;
(b) Twenty-five per cent to the gasoline excise tax fund
for distribution pursuant to division (A)(3) of section 5735.27
of the Revised Code;
(c) Except as provided in division (D) of this
section, forty-five per cent to the highway operating fund for
distribution pursuant to division (B)(1) of section 5735.27 of
the Revised Code.
(C) From the balance in the state and local government
highway distribution fund on the last day of each month there
shall be paid the following amounts:
(1) To the local transportation improvement program fund
created by section 164.14 of the Revised Code, an amount equal to
a fraction of the balance in the state and local government
highway distribution fund, the numerator of which fraction is one
and the denominator of which fraction is that portion of the tax
per gallon determined under division (B)(2)(a) of section 5735.06
of the Revised Code;
(2) An amount equal to five cents multiplied by the number
of gallons of motor fuel sold at stations operated by the
Ohio turnpike commission, such gallonage to be certified by the
commission to the treasurer of state not later than the last day
of the month following. The funds paid to the commission
pursuant to this section shall be expended for the construction,
reconstruction, maintenance, and repair of turnpike projects,
except that the funds may not be expended for the construction of
new interchanges. The funds also may be expended for the
construction, reconstruction, maintenance, and repair of those
portions of connecting public roads that serve existing
interchanges and are determined by the commission and the
director of transportation to be necessary for the safe merging
of traffic between the turnpike and those public roads.
The remainder of the balance shall be distributed as
follows on the fifteenth day of the following month:
(a) Ten and seven-tenths per cent shall be paid to
municipal corporations for distribution pursuant to division
(A)(1) of section 5735.27 of the Revised Code and may be used for
any purpose for which payments received under that division may
be used. Beginning August 15, 2004, the sum of two hundred forty-eight thousand six hundred twenty-five dollars shall be annually monthly subtracted from the amount so computed and credited to the highway operating fund.
(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. Beginning August 15, 2004, the sum of eighty-seven thousand seven hundred fifty dollars shall be annually monthly subtracted from the amount so computed and credited to the highway operating fund.
(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. Beginning August 15, 2004, the sum of two hundred forty-eight thousand six hundred twenty-five dollars shall be annually monthly subtracted from the amount so computed and credited to the highway operating fund.
(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. (A) 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 specified portion of 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, shall be credited to the gasoline excise tax fund. Subject to division (B) of this section, forty-two and eighty-six hundredths per cent of the specified portion shall be distributed among the municipal corporations within the state in accordance with division (A)(2) of section 5735.27 of the Revised Code, thirty-seven and fourteen hundredths per cent of the specified portion shall be distributed among the counties within the state in accordance with division (A)(3) of section 5735.27 of the Revised Code, and twenty per cent of the specified portion shall be combined with twenty per cent of any amounts transferred from the highway operating fund to the gasoline excise tax fund through biennial appropriations acts of the general assembly pursuant to the planned phase-in of a new source of funding for the state highway patrol, and shall be distributed among the townships within the state in accordance with division (A)(5)(b)of section 5735.27 of the Revised Code. Subject to division (B) of this section, the remainder of the tax levied by section 5735.29 of the Revised Code
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.
(B)(1) Effective August 15, 2003, prior to the distribution from the gasoline excise tax fund to municipal corporations of the forty-two and eighty-six hundredths per cent of the specified portion as provided in division (A) of this section, the department of taxation shall deduct thirty-three and one-third per cent of the amount specified in division (A)(5)(c) of section 5735.27 of the Revised Code and use it for distribution to townships pursuant to division (A)(5)(b) of that section.
(2) Effective August 15, 2003, prior to the distribution from the gasoline excise tax fund to counties of the thirty-seven and fourteen hundredths per cent of the specified portion as provided in division (A) of this section, the department of taxation shall deduct thirty-three and one-third per cent of the amount specified in division (A)(5)(c) of section 5735.27 of the Revised Code and use it for distribution to townships pursuant to division (A)(5)(b) of that section.
(3) Effective August 15, 2003, prior to crediting any revenue resulting from the tax levied by section 5735.29 of the Revised Code to the highway operating fund, the department of taxation shall deduct thirty-three and one-third per cent of the amount specified in division (A)(5)(c) of section 5735.27 of the Revised Code and use it for distribution to townships pursuant to division (A)(5)(b) of that section.
(C) As used in this section, "specified portion" means all of the following:
(1) Until August 15, 2003, none of the taxes collected under section 5735.29 of the Revised Code;
(2) Effective August 15, 2003, one-eighth of 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;
(3) Effective August 15, 2004, one-sixth of the balance of taxes described in division (C)(2) of this section;
(4) Effective August 15, 2005, three-sixteenths of the balance of taxes described in division (C)(2) of this section.
Sec. 5735.30. (A) For the purpose of providing funds to pay
the state's share of the cost of constructing and reconstructing
highways and eliminating railway grade crossings on the major
thoroughfares of the state highway system and urban extensions
thereof, to pay that portion of the construction cost of a
highway project which a county, township, or municipal
corporation normally would be required to pay, but which the
director of transportation, pursuant to division (B) of section
5531.08 of the Revised Code, determines instead will be paid from
moneys in the highway operating fund, to pay the interest,
principal, and charges on bonds and other obligations issued
pursuant to Section 2g of Article VIII, Ohio Constitution, and
sections 5528.10 and 5528.11 of the Revised Code, to pay the
interest, principal, and charges on highway obligations issued
pursuant to Section 2i of Article VIII, Ohio Constitution, and
sections 5528.30 and 5528.31 of the Revised Code, and to provide
revenues for the purposes of sections 1547.71 to 1547.78 of the
Revised Code, and to pay the expenses of the department of taxation incident to the administration of the motor fuel laws, a motor fuel excise tax is hereby
imposed on all motor fuel dealers upon their receipt of motor fuel
within
the state, at the rate of one cent
on each gallon so received, to be
reported,
computed, paid, collected, administered, enforced, refunded, and
subject to the same exemptions and penalties as provided in this chapter of
the
Revised Code.
The tax imposed by this section shall be in addition to the
tax imposed by sections 5735.05, 5735.25, and 5735.29 of the
Revised Code.
(B) The treasurer of state shall place to the credit of the tax
refund fund created by section 5703.052 of the Revised Code, out
of receipts from the tax levied by this section, amounts equal to
the refunds certified by the tax commissioner pursuant to this
section. The refund provided for by the first paragraph division (A) of this
section shall be paid from such fund. The treasurer shall
then transfer the
amount required by section 5735.051 of the Revised Code to the
waterways safety fund and the amount required by section 5735.053 of the Revised Code to the motor fuel tax administration fund. The balance of taxes for which the
liability has become fixed prior to July 1, 1955, under this
section, after the credit to the tax refund fund, shall be
credited to the highway operating fund.
(C)(1) The moneys derived from the tax levied by this section,
after the credit to the tax refund fund and the waterways safety fund
as provided and transfers required by division (B) of this section, shall, during each calendar year, be
credited to the highway improvement bond retirement fund created
by section 5528.12 of the Revised Code, until the commissioners of
the sinking fund certify to the treasurer of state, as required
by section 5528.17 of the Revised Code, that there are sufficient
moneys to the credit of the highway improvement bond retirement
fund to meet in full all payments of interest, principal, and
charges for the retirement of bonds and other obligations issued
pursuant to Section 2g of Article VIII, Ohio Constitution, and
sections 5528.10 and 5528.11 of the Revised Code due and payable
during the current calendar year and during the next succeeding
calendar year. From the date of the receipt of the certification
required by section 5528.17 of the Revised Code by the treasurer
of state until the thirty-first day of December of the calendar
year in which such certification is made, all moneys received in
the state treasury from the tax levied by this section, after
the credit to the tax refund fund and the waterways safety fund as
provided and transfers required by division (B) of this section, shall be credited to the highway
obligations bond retirement fund created by section 5528.32 of
the Revised Code, until the commissioners of the sinking fund
certify to the treasurer of state, as required by section 5528.38
of the Revised Code, that there are sufficient moneys to the
credit of the highway obligations bond retirement fund to meet in
full all payments of interest, principal, and charges for the
retirement of obligations issued pursuant to Section 2i of
Article VIII, Ohio Constitution, and sections 5528.30 and 5528.31
of the Revised Code due and payable during the current calendar
year and during the next succeeding calendar year. From
(2) From the date
of the receipt of the certification required by section 5528.38
of the Revised Code by the treasurer of state until the
thirty-first day of December of the calendar year in which such
certification is made, all moneys received in the state treasury
from the tax levied by this section, after the credit to the tax
refund fund and the waterways safety fund as provided and transfers required by division (B) of this
section, shall be credited to the highway operating fund, except
as provided in the next succeeding paragraph division (C)(3) of this section.
(3) From the date of the receipt by the treasurer of state of
certifications from the commissioners of the sinking fund, as
required by sections 5528.18 and 5528.39 of the Revised Code,
certifying that the moneys to the credit of the highway
improvement bond retirement fund are sufficient to meet in full
all payments of interest, principal, and charges for the
retirement of all bonds and other obligations which may be issued
pursuant to Section 2g of Article VIII, Ohio Constitution, and
sections 5528.10 and 5528.11 of the Revised Code, and to the
credit of the highway obligations bond retirement fund are
sufficient to meet in full all payments of interest, principal,
and charges for the retirement of all obligations issued pursuant
to Section 2i of Article VIII, Ohio Constitution, and sections
5528.30 and 5528.31 of the Revised Code, the moneys derived from
the tax levied by this section, after the credit to the tax refund
fund and the waterways safety fund as provided and transfers required by division (B) of this section,
shall be credited to the highway operating fund.
Sec. 5735.99. (A) Whoever violates division
(F) of section 5735.02, division (D) of section 5735.021,
division (B) of section 5735.063, division (B) of section
5735.064, or division (A)(2) of section 5735.20 of the
Revised Code is guilty of a misdemeanor of the first degree.
(B) Whoever violates division (E) of section 5735.06 of the Revised Code is
guilty of a felony of the fourth degree.
(C) Whoever violates section 5735.025 or division (A)(1)
of section 5735.20 of the Revised Code is guilty
of a misdemeanor of the first degree, if the tax owed or the
fraudulent refund received is not greater than five hundred
dollars. If the tax owed or the fraudulent refund received is
greater than five hundred dollars but not greater than ten
thousand dollars, the offender is guilty of a felony of the
fourth degree; for each subsequent offense when the tax owed or
the fraudulent refund received is greater than five hundred
dollars but not greater than ten thousand dollars, the offender
is guilty of a felony of the third degree. If the tax owed or the fraudulent
refund received is greater than ten thousand dollars, the offender is guilty
of a felony of the second degree.
(D) Whoever violates a provision of this chapter for which a
penalty is not otherwise prescribed under this section is guilty
of a misdemeanor of the fourth degree.
(E) Whoever violates division (D)(5) of section 5735.19 of the Revised Code is guilty of a misdemeanor of the first degree.
Sec. 5739.01. As used in this chapter:
(A) "Person" includes individuals, receivers, assignees,
trustees in bankruptcy, estates, firms, partnerships,
associations, joint-stock companies, joint ventures, clubs,
societies, corporations, the state and its political
subdivisions,
and combinations of individuals of any form.
(B) "Sale" and "selling" include all of the following
transactions for a consideration in any manner, whether
absolutely
or conditionally, whether for a price or rental, in
money or by
exchange, and by any means whatsoever:
(1) All transactions by which title or possession, or
both,
of tangible personal property, is or is to be transferred,
or a
license to use or consume tangible personal property is or
is to
be granted;
(2) All transactions by which lodging by a hotel is or is
to
be furnished to transient guests;
(3) All transactions by which:
(a) An item of tangible personal property is or is to be
repaired, except property, the purchase of which would not be
subject to the tax imposed by section 5739.02 of the Revised Code;
(b) An item of tangible personal property is or is to be
installed, except property, the purchase of which would not be
subject to the tax imposed by section 5739.02 of the Revised Code
or
property that is or is to be incorporated into and will become
a
part of a production, transmission, transportation, or
distribution system for the delivery of a public utility service;
(c) The service of washing, cleaning, waxing, polishing,
or
painting a motor vehicle is or is to be furnished;
(d) Industrial laundry Laundry and dry cleaning services are or are to be
provided;
(e) Automatic data processing, computer services, or
electronic information services are or are to be provided for use
in business when the true object of the transaction is the
receipt
by the consumer of automatic data processing, computer
services,
or electronic information services rather than the
receipt of
personal or professional services to which automatic
data
processing, computer services, or electronic information
services
are incidental or supplemental. Notwithstanding any
other
provision of this chapter, such transactions that occur
between
members of an affiliated group are not sales. An
affiliated group
means two or more persons related in such a way
that one person
owns or controls the business operation of
another member of the
group. In the case of corporations with
stock, one corporation
owns or controls another if it owns more
than fifty per cent of
the other corporation's common stock with
voting rights.
(f) Telecommunications service, other than mobile
telecommunications service after July 31, 2002, is or is to be
provided
that
originates
or terminates in this state and is
charged in the
records of the
telecommunications service vendor to
the consumer's
telephone
number or account in this state, or that
both originates
and
terminates in this state;, but does not include
transactions by
which
telecommunications service is paid for by
using a prepaid
authorization number
or prepaid telephone calling
card, or by
which local
telecommunications service is obtained
from a
coin-operated
telephone and paid for by using coin;
(g) Landscaping and lawn care service is or is to be
provided;
(h) Private investigation and security service is or is to
be provided;
(i) Information services or tangible personal property is
provided or ordered by means of a nine hundred telephone call;
(j) Building maintenance and janitorial service is or is
to
be provided;
(k) Employment service is or is to be provided;
(l) Employment placement service is or is to be provided;
(m) Exterminating service is or is to be provided;
(n) Physical fitness facility service is or is to be
provided;
(o) Recreation and sports club service is or is to be
provided.
(p) After July 31, 2002, mobile telecommunications service is
or is to be provided
in
this state when that service is sitused to
this state pursuant to the "Mobile
Telecommunications Sourcing
Act,"
P. Pub. L. No. 106-252, 114
Stat. 626
to 632 (2000), 4
U.S.C.A. 116 to 126, as amended.
(q) Satellite broadcasting service is or is to be provided;
(r) Personal care service is or is to be provided to an individual. As used in this division, "personal care service" includes skin care, the application of cosmetics, manicuring, pedicuring, hair removal, tattooing, body piercing, tanning, massage, and other similar services. "Personal care service" does not include a service provided by individuals licensed under Title XLVII of the Revised Code who are authorized to perform therapeutic massage pursuant to their scope of practice, or the cutting, coloring, or styling of an individual's hair.
(s) The transportation of persons by motor vehicle or aircraft is or is to be provided, when the point of origin and the point of termination are both within this state, except for transportation provided by an ambulance service, by a transit bus, as defined in section 5735.01 of the Revised Code, and transportation provided by a citizen of the United States holding a certificate of public convenience and necessity issued under 49 U.S.C. 41102;
(t) Motor vehicle towing service is or is to be provided. As used in this division, "motor vehicle towing service" means the towing or conveyance of a wrecked, disabled, or illegally parked motor vehicle.
(u) Snow removal service is or is to be provided. As used in this division, "snow removal" means the removal of snow by any mechanized means.
(4) All transactions by which printed, imprinted,
overprinted, lithographic, multilithic, blueprinted, photostatic,
or other productions or reproductions of written or graphic
matter
are or are to be furnished or transferred;
(5) The production or fabrication of tangible personal
property for a consideration for consumers who furnish either
directly or indirectly the materials used in the production of
fabrication work; and include the furnishing, preparing, or
serving for a consideration of any tangible personal property
consumed on the premises of the person furnishing, preparing, or
serving such tangible personal property. Except as provided in
section 5739.03 of the Revised Code, a construction contract
pursuant to which tangible personal property is or is to be
incorporated into a structure or improvement on and becoming a
part of real property is not a sale of such tangible personal
property. The construction contractor is the consumer of such
tangible personal property, provided that the sale and
installation of carpeting, the sale and installation of
agricultural land tile, the sale and erection or installation of
portable grain bins, or the provision of landscaping and lawn
care
service and the transfer of property as part of such service
is
never a construction contract. The transfer of copyrighted
motion
picture films for exhibition purposes is not a sale,
except such
films as are used solely for advertising purposes.
Other than as
provided in this section, "sale" and "selling" do
not include
transfers of interest in leased property where the original lessee
and the terms of the original lease agreement remain unchanged, or
professional, insurance, or personal service
transactions
that
involve the transfer of tangible personal
property as an
inconsequential element, for which no separate
charges are made.
As used in division (B)(5) of this section:
(a) "Agricultural land tile" means fired clay or concrete
tile, or flexible or rigid perforated plastic pipe or tubing,
incorporated or to be incorporated into a subsurface drainage
system appurtenant to land used or to be used directly in
production by farming, agriculture, horticulture, or
floriculture.
The term does not include such materials when they
are or are to
be incorporated into a drainage system appurtenant
to a building
or structure even if the building or structure is
used or to be
used in such production.
(b) "Portable grain bin" means a structure that is used or
to be used by a person engaged in farming or agriculture to
shelter the person's grain and that is designed to be
disassembled
without significant damage to its component parts.
(6) All transactions in which all of the shares of stock
of
a closely held corporation are transferred, if the corporation
is
not engaging in business and its entire assets consist of
boats,
planes, motor vehicles, or other tangible personal
property
operated primarily for the use and enjoyment of the
shareholders;
(7) All transactions in which a warranty, maintenance or
service contract, or similar agreement by which the vendor of the
warranty, contract, or agreement agrees to repair or maintain the
tangible personal property of the consumer is or is to be
provided;
(8) All transactions by which a prepaid authorization number
or a prepaid telephone calling card is or is to be
transferred All transactions by which tangible personal property is or is to be stored, except such property that the consumer of the storage holds for sale in the regular course of business.
Except as provided in this section, "sale" and "selling" do not include transfers of interest in leased property where the original lessee and the terms of the original lease agreement remain unchanged, or professional, insurance, or personal service transactions that involve the transfer of tangible personal property as an inconsequential element, for which no separate charges are made.
(C) "Vendor" means the person providing the service or by
whom the transfer effected or license given by a sale is or is to
be made or given and, for sales described in division (B)(3)(i)
of
this section, the telecommunications service vendor that
provides
the nine hundred telephone service; if two or more
persons are
engaged in business at the same place of business
under a single
trade name in which all collections on account of
sales by each
are made, such persons shall constitute a single
vendor.
Physicians, dentists, hospitals, and veterinarians who are
engaged in selling tangible personal property as received from
others, such as eyeglasses, mouthwashes, dentifrices, or similar
articles, are vendors. Veterinarians who are engaged in
transferring to others for a consideration drugs, the dispensing
of which does not require an order of a licensed veterinarian or
physician under federal law, are vendors.
(D)(1) "Consumer" means the person for whom the service is
provided, to whom the transfer effected or license given by a
sale
is or is to be made or given, to whom the service described
in
division (B)(3)(f) or (i) of this section is charged, or to
whom
the admission is granted.
(2) Physicians, dentists, hospitals, and blood banks
operated by nonprofit institutions and persons licensed to
practice veterinary medicine, surgery, and dentistry are
consumers
of all tangible personal property and services
purchased by them
in connection with the practice of medicine,
dentistry, the
rendition of hospital or blood bank service, or
the practice of
veterinary medicine, surgery, and dentistry. In
addition to being
consumers of drugs administered by them or by
their assistants
according to their direction, veterinarians also
are consumers of
drugs that under federal law may be dispensed
only by or upon the
order of a licensed veterinarian or
physician, when transferred by
them to others for a consideration
to provide treatment to animals
as directed by the veterinarian.
(3) A person who performs a facility management, or
similar
service contract for a contractee is a consumer of all
tangible
personal property and services purchased for use in
connection
with the performance of such contract, regardless of
whether title
to any such property vests in the contractee. The
purchase of
such property and services is not subject to the
exception for
resale under division (E)(1) of this section.
(4)(a) In the case of a person who purchases printed
matter
for the purpose of distributing it or having it distributed to the
public or to a designated segment of the public, free of charge,
that person
is the consumer of that printed matter, and the
purchase of that printed
matter for that purpose is a sale.
(b) In the case of a person who produces, rather than
purchases, printed matter for the purpose of distributing it or
having it
distributed to the public or to a designated segment of
the public, free of
charge, that person is the consumer of all
tangible personal property and
services purchased for use or
consumption in the production of that printed
matter. That person
is not entitled to claim exception exemption under division
(E)(8)(B)(43)(f) of this
section 5739.02 of the Revised Code for any material incorporated into the printed
matter or
any equipment, supplies, or services primarily used to produce the
printed matter.
(c) The distribution of
printed matter to the public or to a
designated segment of the public, free of
charge, is not a sale to
the members of the public to whom the printed matter
is
distributed or to any persons who purchase space in the printed
matter for
advertising or other purposes.
(5) A person who makes sales of any of the services listed
in
division (B)(3) of this section is the consumer of any tangible
personal property used in performing the service. The purchase of
that
property is not subject to the resale exception under
division (E)(1)
of this section.
(E) "Retail sale" and "sales at retail" include all sales,
except those in which the purpose of the consumer is:
(1) To to resell the thing transferred or benefit of the
service provided, by a person engaging in business, in the form
in
which the same is, or is to be, received by the person;
(2) To incorporate the thing transferred as a material or
a
part, into tangible personal property to be produced for sale
by
manufacturing, assembling, processing, or refining, or to use
or
consume the thing transferred directly in producing a product for
sale
by mining, including
without limitation the extraction from
the earth of all
substances
that are classed geologically as
minerals, production
of crude oil and natural gas, farming,
agriculture, horticulture,
or floriculture, and persons engaged in
rendering farming,
agricultural, horticultural, or floricultural
services, and
services in the exploration for, and production of,
crude oil and
natural gas, for others are deemed engaged directly
in farming,
agriculture, horticulture, and floriculture, or
exploration for,
and production of, crude oil and natural gas;
directly in the
rendition of a public utility service, except that
the sales tax
levied by section 5739.02 of the Revised Code shall
be collected
upon all meals, drinks, and food for human
consumption sold upon
Pullman and railroad coaches. This
paragraph does not exempt or
except from "retail sale" or "sales
at retail" the sale of
tangible personal property that is to be
incorporated into a
structure or improvement to real property.
(3) To hold the thing transferred as security for the
performance of an obligation of the vendor;
(4) To use or consume the thing transferred in the process
of reclamation as required by Chapters 1513. and 1514. of the
Revised Code;
(5) To resell, hold, use, or consume the thing transferred
as evidence of a contract of insurance;
(6) To use or consume the thing directly in commercial
fishing;
(7) To incorporate the thing transferred as a material or
a
part into, or to use or consume the thing transferred directly
in
the production of, magazines distributed as controlled
circulation
publications;
(8) To use or consume the thing transferred in the
production and preparation in suitable condition for market and
sale of printed, imprinted, overprinted, lithographic,
multilithic, blueprinted, photostatic, or other productions or
reproductions of written or graphic matter;
(9) To use the thing transferred, as described in section
5739.011 of the Revised Code, primarily in a manufacturing
operation to produce tangible personal property for sale;
(10) To use the benefit of a warranty, maintenance or
service contract, or similar agreement, as defined in division
(B)(7) of this section, to repair or maintain tangible personal
property, if all of the property that is the subject of the
warranty, contract, or agreement would be exempt on its purchase
from the tax imposed by section 5739.02 of the Revised Code;
(11) To use the thing transferred as qualified research and
development
equipment;
(12) To use or consume the thing transferred primarily in
storing, transporting, mailing, or otherwise handling purchased
sales inventory in a warehouse, distribution center, or similar
facility when the inventory is primarily distributed outside this
state to retail stores of the person who owns or controls the
warehouse, distribution center, or similar facility, to retail
stores of an affiliated group of which that person is a member,
or
by means of direct marketing. Division (E)(12) of this
section
does not apply to motor vehicles registered for operation
on the
public highways. As used in division (E)(12) of this
section,
"affiliated group" has the same meaning as in division
(B)(3)(e)
of this section and "direct marketing" has the same
meaning as in
division (B)(36) of section 5739.02 of the Revised
Code.
(13) To use or consume the thing transferred to fulfill a
contractual obligation incurred by a warrantor pursuant to a
warranty provided as a part of the price of the tangible personal
property sold or by a vendor of a warranty, maintenance or
service
contract, or similar agreement the provision of which is
defined
as a sale under division (B)(7) of this section;
(14) To use or consume the thing transferred in the
production of a
newspaper for distribution to the public;
(15) To use tangible personal property to perform a service
listed in
division (B)(3) of this section, if the property is or
is to be
permanently transferred to the consumer of the service as
an integral part of
the performance of the service.
As used in division (E) of this section, "thing" includes all
transactions included in divisions (B)(3)(a),
(b), and (e) of this
section.
Sales conducted through a coin-operated device that
activates
vacuum equipment or equipment that dispenses water,
whether or not
in combination with soap or other cleaning agents
or wax, to the
consumer for the consumer's use on the
premises in washing,
cleaning, or waxing a motor vehicle, provided no other
personal
property or personal service is provided as part of the
transaction, are not retail sales or sales at retail.
(F) "Business" includes any activity engaged in by any
person with the object of gain, benefit, or advantage, either
direct or indirect. "Business" does not include the activity of
a
person in managing and investing the person's own funds.
(G) "Engaging in business" means commencing, conducting,
or
continuing in business, and liquidating a business when the
liquidator thereof holds
itself out to the public as
conducting
such business. Making a casual sale is not engaging in
business.
(H)(1)(a) "Price," except as provided in divisions (H)(2) and
(3) of this section, means the aggregate value in money of
anything paid or delivered, or promised to be paid or delivered,
in the complete performance of a retail sale, without any
deduction on account of the cost of the property sold, cost of
materials used, labor or service cost, interest, discount paid or
allowed after the sale is consummated, or any other expense. If
the retail sale consists of the rental or lease of tangible
personal property, "price" means the aggregate value in money of
anything paid or delivered, or promised to be paid or delivered,
in the complete performance of the rental or lease, without any
deduction for tax, interest, labor or service charge, damage
liability waiver, termination or damage charge, discount paid or
allowed after the lease is consummated, or any other expense.
Except as provided in division (H)(4) of this section, the sales
tax shall be calculated and collected by the lessor on
each
payment made by the lessee.
"Price" does not include the
consideration received as a deposit refundable to the consumer
upon return of a beverage container, the consideration received
as
a deposit on a carton or case that is used for such returnable
containers, or the consideration received as a refundable
security
deposit for the use of tangible personal property to the
extent
that it actually is refunded, if the consideration for
such
refundable deposit is separately stated from the
consideration
received or to be received for the tangible
personal property
transferred in the retail sale. Such
separation must appear in
the sales agreement or on the initial
invoice or initial billing
rendered by the vendor to the
consumer.
"Price" also does not
include delivery charges that are separately stated on the initial
invoice or initial billing rendered by the vendor. Price is the
amount
received inclusive of the tax,
provided the vendor
establishes to
the satisfaction of the tax
commissioner that the
tax was added to
the price. When the price
includes both a charge
for tangible
personal property and a
charge for providing a
service and the
sale of the property and
the charge for the
service are separately
taxable, or have a
separately determinable
tax status, the price
shall be separately
stated for each such
charge so the tax can be
correctly computed
and charged.
The tax collected by the vendor from the consumer under
this
chapter is not part of the price, but is a tax collection
for the
benefit of the state and of counties levying an
additional sales
tax pursuant to section 5739.021 or 5739.026 of
the Revised Code
and of transit authorities levying an additional
sales tax
pursuant to section 5739.023 of the Revised Code.
Except for the
discount authorized in section 5739.12 of the
Revised Code and the
effects of any rounding pursuant to section 5703.055 of the
Revised Code, no
person other than the state or such a county or
transit authority
shall derive any benefit from the collection or
payment of such
tax.
As used in division (H)(1) of this section, "delivery
charges" means charges by the vendor for preparation and delivery
to a location designated by the consumer of tangible personal
property or a service, including transportation, shipping,
postage, handling, crating, and packing the total amount of consideration, including cash, credit, property, and services, for which tangible personal property or services are sold, leased, or rented, valued in money, whether received in money or otherwise, without any deduction for any of the following:
(i) The vendor's cost of the property sold;
(ii) The cost of materials used, labor or service costs, interest, losses, all costs of transportation to the vendor, all taxes imposed on the vendor, and any other expense of the vendor;
(iii) Charges by the vendor for any services necessary to complete the sale;
(iv) Delivery charges. As used in this division, "delivery charges" means charges by the vendor for preparation and delivery to a location designated by the consumer of tangible personal property or a service, including transportation, shipping, postage, handling, crating, and packing.
(v) Installation charges;
(vi) The value of exempt tangible personal property given to the consumer where taxable and exempt tangible personal property have been bundled together and sold by the vendor as a single product or piece of merchandise.
(b) "Price" does not include any of the following:
(i) Discounts, including cash, term, or coupons that are not reimbursed by a third party that are allowed by a vendor and taken by a consumer on a sale;
(ii) Interest, financing, and carrying charges from credit extended on the sale of tangible personal property or services, if the amount is separately stated on the invoice, bill of sale, or similar document given to the purchaser;
(iii) Any taxes legally imposed directly on the consumer that are separately stated on the invoice, bill of sale, or similar document given to the consumer.
(2) In the case of a sale of any new motor vehicle by a
new
motor vehicle dealer, as defined in section 4517.01 of the
Revised
Code, in which another motor vehicle is accepted by the
dealer as
part of the consideration received, "price" has the
same meaning
as in division (H)(1) of this section, reduced by
the credit
afforded the consumer by the dealer for the motor
vehicle received
in trade.
(3) In the case of a sale of any watercraft or outboard
motor by a watercraft dealer licensed in accordance with section
1547.543 of the Revised Code, in which another watercraft,
watercraft and trailer, or outboard motor is accepted by the
dealer as part of the consideration received, "price" has the
same
meaning as in division (H)(1) of this section, reduced by
the
credit afforded the consumer by the dealer for the
watercraft,
watercraft and trailer, or outboard motor received in
trade. As used in this division, "watercraft" includes an outdrive unit attached to the watercraft.
(4) In the case of the lease of any motor vehicle designed
by the manufacturer to carry a load of not more than one ton,
watercraft,
outboard motor, or aircraft, or the
lease of any
tangible personal property, other than motor vehicles
designed by
the manufacturer to carry a load of more than one ton, to be used
by the lessee
primarily for business
purposes, the sales tax shall
be
collected
by
the vendor at the
time the lease is consummated
and
shall be
calculated by the
vendor on the basis of the total
amount
to be
paid by the lessee
under the lease agreement. If the
total amount
of the
consideration for the lease includes amounts
that are not
calculated at the time the lease is executed, the tax
shall be
calculated and collected by the vendor at the time such
amounts
are billed to the lessee. In the case of an open-end
lease, the
sales tax shall be calculated by the vendor on the
basis of the
total amount to be paid during the initial fixed term
of the
lease, and then for each subsequent renewal period as it
comes
due.
As used in
divisions (H)(3)
and (4) of this section,
"motor
vehicle" has the same meaning as in section 4501.01 of the
Revised
Code, and "watercraft"
includes an
outdrive unit
attached
to the
watercraft.
In the case of a transaction in which telecommunications service, mobile telecommunications service, or cable television service is sold in a bundled transaction with other distinct services for a single price that is not itemized, the entire price is subject to the taxes levied under sections 5739.02, 5739.021, 5739.023, and 5739.026 of the Revised Code, unless the vendor can reasonably identify the nontaxable portion from its books and records kept in the regular course of business. Upon the request of the consumer, the vendor shall disclose to the consumer the selling price for the taxable services included in the selling price for the taxable and nontaxable services billed on an aggregated basis. The burden of proving any nontaxable charges is on the vendor.
(I) "Receipts" means the total amount of the prices of the
sales of vendors, provided that cash discounts allowed and taken
on sales at the time they are consummated are not included, minus
any amount deducted as a bad debt pursuant to section 5739.121 of
the Revised Code. "Receipts" does not include the sale price of
property returned or services rejected by consumers when the full
sale price and tax are refunded either in cash or by credit.
(J) "Place of business" means any location at which a
person
engages in business.
(K) "Premises" includes any real property or portion
thereof
upon which any person engages in selling tangible
personal
property at retail or making retail sales and also
includes any
real property or portion thereof designated for, or
devoted to,
use in conjunction with the business engaged in by
such person.
(L) "Casual sale" means a sale of an item of tangible
personal property
that was obtained by the person making the
sale, through purchase or otherwise, for the person's own use and
was previously subject to any state's taxing
jurisdiction on its
sale or use, and includes such items acquired
for the seller's use
that are sold by an auctioneer employed
directly by the person for
such purpose, provided the location of
such sales is not the
auctioneer's permanent place of business.
As
used in this
division, "permanent place of business" includes
any
location
where such auctioneer has conducted more than two
auctions during
the year.
(M) "Hotel" means every establishment kept, used,
maintained, advertised, or held out to the public to be a place
where sleeping accommodations are offered to guests, in which
five
or more rooms are
used for the accommodation of such guests,
whether
the rooms
are in one or several structures.
(N) "Transient guests" means persons occupying a room or
rooms for sleeping accommodations for less than thirty
consecutive
days.
(O) "Making retail sales" means the effecting of
transactions wherein one party is obligated to pay the price and
the other party is obligated to provide a service or to transfer
title to or possession of the item sold. "Making retail sales"
does not include the preliminary acts of promoting or soliciting
the retail sales, other than the distribution of printed matter
which displays or describes and prices the item offered for sale,
nor does it include delivery of a predetermined quantity of
tangible personal property or transportation of property or
personnel to or from a place where a service is performed,
regardless of whether the vendor is a delivery vendor.
(P) "Used directly in the rendition of a public utility
service" means that property which that is to be incorporated into and
will become a part of the consumer's production, transmission,
transportation, or distribution system and
that retains its
classification as tangible personal property after such
incorporation; fuel or power used in the production,
transmission,
transportation, or distribution system; and
tangible personal
property used in the repair and maintenance of
the production,
transmission, transportation, or distribution
system, including
only such motor vehicles as are specially
designed and equipped
for such use. Tangible personal property
and services used
primarily in providing highway transportation
for hire are not
used directly in providing the rendition of a public utility service as
defined in this
division.
(Q) "Refining" means removing or separating a desirable
product from raw or contaminated materials by distillation or
physical, mechanical, or chemical processes.
(R) "Assembly" and "assembling" mean attaching or fitting
together parts to form a product, but do not include packaging a
product.
(S) "Manufacturing operation" means a process in which
materials are changed, converted, or transformed into a different
state or form from which they previously existed and includes
refining materials, assembling parts, and preparing raw materials
and parts by mixing, measuring, blending, or otherwise committing
such materials or parts to the manufacturing process.
"Manufacturing operation" does not include packaging.
(T) "Fiscal officer" means, with respect to a regional
transit authority, the secretary-treasurer thereof, and with
respect to a county
that is a transit authority, the fiscal
officer of the county transit board if one is appointed pursuant
to
section 306.03 of the Revised Code or the county auditor if the
board of
county commissioners operates the county transit system.
(U) "Transit authority" means a regional transit authority
created pursuant to section 306.31 of the Revised Code or a
county
in which a county transit system is created pursuant to
section
306.01 of the Revised Code. For the purposes of this
chapter, a
transit authority must extend to at least the entire
area of a
single county. A transit authority
that includes
territory
in
more than one county must include all the area of
the most
populous county
that is a part of such transit
authority.
County
population shall be measured by the most
recent census
taken by
the United States census bureau.
(V) "Legislative authority" means, with respect to a
regional transit authority, the board of trustees thereof, and
with respect to a county
that is a transit authority, the
board
of county commissioners.
(W) "Territory of the transit authority" means all of the
area included within the territorial boundaries of a transit
authority as they from time to time exist. Such territorial
boundaries must at all times include all the area of a single
county or all the area of the most populous county
that is a
part
of such transit authority. County population shall be
measured by
the most recent census taken by the United States
census bureau.
(X) "Providing a service" means providing or furnishing
anything described in division (B)(3) of this section for
consideration.
(Y)(1)(a) "Automatic data processing" means processing of
others' data, including keypunching or similar data entry
services
together with verification thereof, or providing access
to
computer equipment for the purpose of processing data.
(b) "Computer services" means providing services
consisting
of specifying computer hardware configurations and
evaluating
technical processing characteristics, computer
programming, and
training of computer programmers and operators,
provided in
conjunction with and to support the sale, lease, or
operation of
taxable computer equipment or systems.
(c) "Electronic information services" means providing
access
to computer equipment by means of telecommunications
equipment for
the purpose of either of the following:
(i) Examining or acquiring data stored in or accessible to
the computer equipment;
(ii) Placing data into the computer equipment to be
retrieved by designated recipients with access to the computer
equipment.
(d) "Automatic data processing, computer services, or
electronic information services" shall not include personal or
professional services.
(2) As used in divisions (B)(3)(e) and (Y)(1) of this
section, "personal and professional services" means all services
other than automatic data processing, computer services, or
electronic information services, including but not limited to:
(a) Accounting and legal services such as advice on tax
matters, asset management, budgetary matters, quality control,
information security, and auditing and any other situation where
the service provider receives data or information and studies,
alters, analyzes, interprets, or adjusts such material;
(b) Analyzing business policies and procedures;
(c) Identifying management information needs;
(d) Feasibility studies, including economic and technical
analysis of existing or potential computer hardware or software
needs and alternatives;
(e) Designing policies, procedures, and custom software
for
collecting business information, and determining how data
should
be summarized, sequenced, formatted, processed, controlled,
and
reported so that it will be meaningful to management;
(f) Developing policies and procedures that document how
business events and transactions are to be authorized, executed,
and controlled;
(g) Testing of business procedures;
(h) Training personnel in business procedure applications;
(i) Providing credit information to users of such
information by a consumer reporting agency, as defined in the
"Fair Credit Reporting Act," 84 Stat. 1114, 1129 (1970), 15
U.S.C.
1681a(f), or as hereafter amended, including but not
limited to
gathering, organizing, analyzing, recording, and
furnishing such
information by any oral, written, graphic, or
electronic medium;
(j) Providing debt collection services by any oral,
written,
graphic, or electronic means.
The services listed in divisions (Y)(2)(a) to (j) of this
section are not automatic data processing or computer services.
(Z) "Highway transportation for hire" means the
transportation of personal property belonging to others for
consideration by any of the following:
(1) The holder of a permit or certificate issued by this
state or the United States authorizing the holder to engage in
transportation of personal property belonging to others for
consideration over or on highways, roadways, streets, or any
similar public thoroughfare;
(2) A person who engages in the transportation of personal
property belonging to others for consideration over or on
highways, roadways, streets, or any similar public thoroughfare
but who could not have engaged in such transportation on December
11, 1985, unless the person was the holder of a permit or
certificate of the types described in division (Z)(1) of this
section;
(3) A person who leases a motor vehicle to and operates it
for a person described by division (Z)(1) or (2) of this section.
(AA) "Telecommunications service" means the transmission
of
any interactive, two-way electromagnetic communications,
including
voice, image, data, and information, through the use of
any medium
such as wires, cables, microwaves, cellular radio,
radio waves,
light waves, or any combination of those or similar
media.
"Telecommunications service" includes message toll
service even
though the vendor provides the message toll service
by means of
wide area transmission type service or private
communications
service purchased from another telecommunications
service
provider, but and other related fees and ancillary services, including universal service fees, detailed billing service, directory assistance, service initiation, voice mail service, and vertical services, such as caller ID and three-way calling. "Telecommunications service" does not include any of the following:
(1) Sales of incoming or outgoing wide area transmission
service or wide area transmission type service, including eight
hundred or eight-hundred-type service, but not including local exchange service as defined in division (A) of section 4927.01 of the Revised Code, to the person contracting
for the receipt of that service for business use;
(2) Sales of private communications service to the person
contracting for the receipt of that service that entitles the
purchaser to exclusive or priority use of a communications
channel
or group of channels between exchanges;. As used in this division, "private communications service" means a telecommunication service that entitles the customer to exclusive or priority use of a communications channel or group of channels between or among termination points, regardless of the manner in which such channel or channels are connected, and includes switching capacity, extension lines, stations, and any other associated services that are provided in connection with the use of such channel or channels.
(3) Sales of telecommunications service billed to persons before January 1, 2004, by telephone companies
subject
to the excise tax imposed by Chapter 5727. of the Revised
Code;
(4) Sales of telecommunications service to a provider of
telecommunications service or of mobile telecommunications service, including access services, for use in
providing telecommunications service or mobile telecommunications service;
(5) Value-added nonvoice services in which computer
processing applications are used to act on the form, content,
code, or protocol of the information to be transmitted;
(6) Transmission of interactive video programming by a
cable
television system as defined in section 505.90 of the
Revised
Code;
(7) After July 31, 2002, mobile telecommunications service.
(BB) "Industrial laundry Laundry and dry cleaning services" means removing
soil or dirt from or supplying towels, linens, or articles of
clothing, or other fabric items that belong to others and are used in a trade or
business supplying towels, linens, articles of clothing, or other fabric items. "Laundry and dry cleaning services" does not include the provision of self-service facilities for use by consumers to remove soil or dirt from towels, linens, articles of clothing, or other fabric items.
(CC) "Magazines distributed as controlled circulation
publications" means magazines containing at least twenty-four
pages, at least twenty-five per cent editorial content, issued at
regular intervals four or more times a year, and circulated
without charge to the recipient, provided that such magazines are
not owned or controlled by individuals or business concerns which
conduct such publications as an auxiliary to, and essentially for
the advancement of the main business or calling of, those who own
or control them.
(DD) "Landscaping and lawn care service" means the
services
of planting, seeding, sodding, removing, cutting,
trimming,
pruning, mulching, aerating, applying chemicals,
watering,
fertilizing, and providing similar services to
establish, promote,
or control the growth of trees, shrubs,
flowers, grass, ground
cover, and other flora, or otherwise
maintaining a lawn or
landscape grown or maintained by the owner
for ornamentation or
other nonagricultural purpose. However,
"landscaping and lawn
care service" does not include the
providing of such services by a
person who has less than five
thousand dollars in sales of such
services during the calendar
year.
(EE) "Private investigation and security service" means
the
performance of any activity for which the provider of such
service
is required to be licensed pursuant to Chapter 4749. of
the
Revised Code, or would be required to be so licensed in
performing
such services in this state, and also includes the
services of
conducting polygraph examinations and of monitoring
or overseeing
the activities on or in, or the condition of, the
consumer's home,
business, or other facility by means of
electronic or similar
monitoring devices. "Private investigation
and security service"
does not include special duty services
provided by off-duty police
officers, deputy sheriffs, and other
peace officers regularly
employed by the state or a political
subdivision.
(FF) "Information services" means providing conversation,
giving consultation or advice, playing or making a voice or other
recording, making or keeping a record of the number of callers,
and any other service provided to a consumer by means of a nine
hundred telephone call, except when the nine hundred telephone
call is the means by which the consumer makes a contribution to a
recognized charity.
(GG) "Research and development" means designing, creating,
or formulating new or enhanced products, equipment, or
manufacturing processes, and also means conducting scientific or
technological inquiry and experimentation in the physical
sciences
with the goal of increasing scientific knowledge which
may reveal
the bases for new or enhanced products, equipment, or
manufacturing processes.
(HH) "Qualified research and development equipment" means
capitalized tangible personal property, and leased personal
property that would be capitalized if purchased, used by a person
primarily to perform research and development. Tangible personal
property primarily used in testing, as defined in division (A)(4)
of section 5739.011 of the Revised Code, or used for recording or
storing test results, is not qualified research and development
equipment unless such property is primarily used by the consumer
in testing the product, equipment, or manufacturing process being
created, designed, or formulated by the consumer in the research
and development activity or in recording or storing such test
results.
(II) "Building maintenance and janitorial service" means
cleaning the interior or exterior of a building and any tangible
personal property located therein or thereon, including any
services incidental to such cleaning for which no separate charge
is made. However, "building maintenance and janitorial service"
does not include the providing of such service by a person who
has
less than five thousand dollars in sales of such service
during
the calendar year.
(JJ) "Employment service" means providing or supplying
personnel, on a temporary or long-term basis, to perform work or
labor under the supervision or control of another, when the
personnel so supplied receive their wages, salary, or other
compensation from the provider of the service. "Employment
service" does not include:
(1) Acting as a contractor or subcontractor, where the
personnel performing the work are not under the direct control of
the purchaser.
(2) Medical and health care services.
(3) Supplying personnel to a purchaser pursuant to a
contract of at least one year between the service provider and
the
purchaser that specifies that each employee covered under the
contract is assigned to the purchaser on a permanent basis.
(4) Transactions between members of an affiliated group,
as
defined in division (B)(3)(e) of this section.
(KK) "Employment placement service" means locating or
finding employment for a person or finding or locating an
employee
to fill an available position.
(LL) "Exterminating service" means eradicating or
attempting
to eradicate vermin infestations from a building or
structure, or
the area surrounding a building or structure, and
includes
activities to inspect, detect, or prevent vermin
infestation of a
building or structure.
(MM) "Physical fitness facility service" means all
transactions by which a membership is granted, maintained, or
renewed, including initiation fees, membership dues, renewal
fees,
monthly minimum fees, and other similar fees and dues, by a
physical fitness facility such as an athletic club, health spa,
or
gymnasium, which entitles the member to use the facility for
physical exercise.
(NN) "Recreation and sports club service" means all
transactions by which a membership is granted, maintained, or
renewed, including initiation fees, membership dues, renewal
fees,
monthly minimum fees, and other similar fees and dues, by a
recreation and sports club, which entitles the member to use the
facilities of the organization. "Recreation and sports club"
means an organization that has ownership of, or controls or
leases
on a continuing, long-term basis, the facilities used by
its
members and includes an aviation club, gun or shooting club,
yacht
club, card club, swimming club, tennis club, golf club,
country
club, riding club, amateur sports club, or similar
organization.
(OO) "Livestock" means farm animals commonly raised for
food
or food production, and includes but is not limited to
cattle,
sheep, goats, swine, and poultry. "Livestock" does not
include
invertebrates, fish, amphibians, reptiles, horses,
domestic pets,
animals for use in laboratories or for exhibition,
or other
animals not commonly raised for food or food production.
(PP) "Livestock structure" means a building or structure
used exclusively for the housing, raising, feeding, or sheltering
of livestock, and includes feed storage or handling structures
and
structures for livestock waste handling.
(QQ) "Horticulture" means the growing, cultivation, and
production of flowers, fruits, herbs, vegetables, sod, mushrooms,
and nursery stock. As used in this division, "nursery stock" has
the same meaning as in section 927.51 of the Revised Code.
(RR) "Horticulture structure" means a building or
structure
used exclusively for the commercial growing, raising,
or
overwintering of horticultural products, and includes the area
used for stocking, storing, and packing horticultural products
when done in conjunction with the production of those products.
(SS) "Newspaper" means an unbound publication bearing a
title or
name that is regularly published, at least as frequently
as biweekly, and
distributed from a fixed place of business to the
public in a specific
geographic area, and that contains a
substantial amount of news matter of
international, national, or
local events of interest to the general public.
(TT) "Professional
racing team" means a person that employs
at least twenty
full-time employees for the purpose of conducting
a motor
vehicle racing business for profit. The person must
conduct the
business with the purpose of racing one or more motor
racing
vehicles in at least ten competitive professional racing
events
each year that comprise all or part of a motor racing
series
sanctioned by one or more motor racing sanctioning
organizations. A "motor racing vehicle" means a vehicle for
which
the chassis, engine, and parts are designed
exclusively for motor
racing, and does not include a stock
or production model vehicle
that may be modified for use in
racing. For the purposes of this
division:
(1) A "competitive professional racing event" is a motor
vehicle racing event sanctioned by one or more motor racing
sanctioning organizations, at which aggregate cash prizes in
excess of eight hundred thousand dollars are awarded to
the
competitors.
(2) "Full-time employee" means an individual who is
employed
for consideration for thirty-five or more hours a week,
or who
renders any other standard of service generally accepted
by custom
or specified by contract as full-time
employment.
(UU)(1) "Prepaid
authorization number" means a numeric or
alphanumeric
combination that represents a prepaid account that
can be used
by the account holder solely to obtain
telecommunications
service, and includes any renewals or increases
in the prepaid
account.
(2) "Prepaid telephone calling card" means a tangible
item
that contains a prepaid authorization number that can be
used
solely to obtain telecommunications service, and includes
any
renewals or increases in the prepaid account.
(VV) "Lease" or "rental" means any transfer for a consideration of the
possession or control of and right to use, but not title to, tangible
personal property for a fixed period of time greater than
thirty
days or for an open-ended period of time with a
minimum fixed
period of more than thirty days or indefinite term, for consideration. "Lease" or "rental" includes future options to purchase or extend, and agreements described in 26 U.S.C. 7701(h)(1) covering motor vehicles and trailers where the amount of consideration may be increased or decreased by reference to the amount realized upon the sale or disposition of the property. "Lease" or "rental" does not include:
(a) A transfer of possession or control of tangible personal property under a security agreement or a deferred payment plan that requires the transfer of title upon completion of the required payments;
(b) A transfer of possession or control of tangible personal property under an agreement that requires the transfer of title upon completion of required payments and payment of an option price that does not exceed the greater of one hundred dollars or one per cent of the total required payments;
(c) Providing tangible personal property along with an operator for a fixed or indefinite period of time, if the operator is necessary for the property to perform as designed. For purposes of this division, the operator must do more than maintain, inspect, or set-up the tangible personal property.
(2) "Lease" and "rental," as defined in division (UU) of this section, shall not apply to leases or rentals that exist before the effective date of this amendment.
(3) "Lease" and "rental" have the same meaning as in division (UU)(1) of this section regardless of whether a transaction is characterized as a lease or rental under generally accepted accounting principles, the Internal Revenue Code, Title XIII of the Revised Code, or other federal, state, or local laws.
(WW)(VV) "Mobile telecommunications service" has the same
meaning as in the "Mobile Telecommunications Sourcing Act," Pub.
L.
No. 106-252, 114 Stat. 631 (2000), 4 U.S.C.A. 124(7), as
amended, and includes related fees and ancillary services, including universal service fees, detailed billing service, directory assistance, service initiation, voice mail service, and vertical services, such as caller ID and three-way calling.
(XX)(WW) "Certified service provider" has the same meaning as in
section 5740.01 of the Revised Code.
(XX) "Satellite broadcasting service" means the distribution or broadcasting of programming or services by satellite directly to the subscriber's premises without the use of ground receiving or distribution equipment, except at the subscriber's premises or in the uplink process to the satellite, and includes all service and rental charges, premium channels or other special services, installation and repair service charges, and any other charges having any connection with the provision of the satellite broadcasting service.
(YY) "Tangible personal property" means personal property that can be seen, weighed, measured, felt, or touched, or that is in any other manner perceptible to the senses. For purposes of this chapter and Chapter 5741. of the Revised Code, "tangible personal property" includes motor vehicles, electricity, water, gas, steam, and prewritten computer software.
(ZZ) "Direct mail" means printed material delivered or distributed by United States mail or other delivery service to a mass audience or to addressees on a mailing list provided by the consumer or at the direction of the consumer when the cost of the items are not billed directly to the recipients. "Direct mail" includes tangible personal property supplied directly or indirectly by the consumer to the direct mail vendor for inclusion in the package containing the printed material. "Direct mail" does not include multiple items of printed material delivered to a single address.
(AAA) "Computer" means an electronic device that accepts information in digital or similar form and manipulates it for a result based on a sequence of instructions.
(BBB) "Computer software" means a set of coded instructions designed to cause a computer or automatic data processing equipment to perform a task.
(CCC) "Delivered electronically" means delivery of computer software from the seller to the purchaser by means other than tangible storage media.
(DDD) "Prewritten computer software" means computer software, including prewritten upgrades, that is not designed and developed by the author or other creator to the specifications of a specific purchaser. The combining of two or more prewritten computer software programs or prewritten portions thereof does not cause the combination to be other than prewritten computer software. "Prewritten computer software" includes software designed and developed by the author or other creator to the specifications of a specific purchaser when it is sold to a person other than the purchaser. If a person modifies or enhances computer software of which the person is not the author or creator, the person shall be deemed to be the author or creator only of such person's modifications or enhancements. Prewritten computer software or a prewritten portion thereof that is modified or enhanced to any degree, where such modification or enhancement is designed and developed to the specifications of a specific purchaser, remains prewritten computer software; provided, however, that where there is a reasonable, separately stated charge or an invoice or other statement of the price given to the purchaser for the modification or enhancement, the modification or enhancement shall not constitute prewritten computer software.
(EEE)(1) Prior to July 1, 2004, "food" means cereals and cereal products, milk and milk products including ice cream, meat and meat products, fish and fish products, eggs and egg products, vegetables and vegetable products, fruits, fruit products, and pure fruit juices, condiments, sugar and sugar products, coffee and coffee substitutes, tea, and cocoa and cocoa products. "Food" does not include spirituous liquors, wine, mixed beverages, or beer; soft drinks; sodas and beverages that are ordinarily dispensed at or in connection with bars and soda fountains, other than coffee, tea, and cocoa; root beer and root beer extracts; malt and malt extracts; mineral oils, cod liver oils, and halibut liver oil; medicines, including tonics, vitamin preparations, and other products sold primarily for their medicinal properties; and water, including mineral, bottled, and carbonated waters, and ice.
(2) On and after July 1, 2004, "food"
means substances, whether in liquid, concentrated, solid, frozen, dried, or dehydrated form, that are sold for ingestion or chewing by humans and are consumed for their taste or nutritional value. "Food" does not include alcoholic beverages, dietary supplements, soft drinks, or tobacco.
(3) As used in division (EEE)(2) of this section:
(a) "Alcoholic beverages" means beverages that are suitable for human consumption and contain one-half of one per cent or more of alcohol by volume.
(b) "Dietary supplements" means any product, other than tobacco, that is intended to supplement the diet and that is intended for ingestion in tablet, capsule, powder, softgel, gelcap, or liquid form, or, if not intended for ingestion in such a form, is not represented as conventional food for use as a sole item of a meal or of the diet; that is required to be labeled as a dietary supplement, identifiable by the "supplement facts" box found on the label, as required by 21 C.F.R. 101.36; and that contains one or more of the following dietary ingredients:
(iii) An herb or other botanical;
(v) A dietary substance for use by humans to supplement the diet by increasing the total dietary intake;
(vi) A concentrate, metabolite, constituent, extract, or combination of any ingredient described in divisions (EEE)(3)(b)(i) to (v) of this section.
(c) "Soft drinks" means nonalcoholic beverages that contain natural or artificial sweeteners. "Soft drinks" does not include beverages that contain milk or milk products, soy, rice, or similar milk substitutes, or that contains greater than fifty per cent vegetable or fruit juice by volume.
(d) "Tobacco" means cigarettes, cigars, chewing or pipe tobacco, or any other item that contains tobacco.
(FFF) "Drug" means a compound, substance, or preparation, and any component of a compound, substance, or preparation, other than food, dietary supplements, or alcoholic beverages that is recognized in the official United States pharmacopoeia, official homeopathic pharmacopoeia of the United States, or official national formulary, and supplements to them; is intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease; or is intended to affect the structure or any function of the body.
(GGG) "Prescription" means an order, formula, or recipe issued in any form of oral, written, electronic, or other means of transmission by a duly licensed practitioner authorized by the laws of this state to issue a prescription.
(HHH) "Durable medical equipment" means equipment, including repair and replacement parts for such equipment, that can withstand repeated use, is primarily and customarily used to serve a medical purpose, generally is not useful to a person in the absence of illness or injury, and is not worn in or on the body.
(III) "Mobility enhancing equipment" means equipment, including repair and replacement parts for such equipment, that is primarily and customarily used to provide or increase the ability to move from one place to another and is appropriate for use either in a home or a motor vehicle, that is not generally used by persons with normal mobility, and that does not include any motor vehicle or equipment on a motor vehicle normally provided by a motor vehicle manufacturer.
(JJJ) "Prosthetic device" means a replacement, corrective, or supportive device, including repair and replacement parts for the device, worn on or in the human body to artificially
replace a missing portion of the body, prevent or correct physical deformity or malfunction, or support a weak or deformed portion of the body. As used in this division, "prosthetic device" does not include corrective eyeglasses, contact lenses, or dental prosthesis.
(KKK)(1) "Fractional aircraft ownership program" means a program in which persons within an affiliated group sell and manage fractional ownership program aircraft, provided that at least three hundred airworthy aircraft are operated in the program and the program meets all of the following criteria:
(a) Management services are provided by at least one program manager within an affiliated group on behalf of the fractional owners.
(b) Each program aircraft is owned or possessed by at least one fractional owner.
(c) Each fractional owner owns or possesses at least a one-sixteenth interest in at least one fixed-wing program aircraft.
(d) A dry-lease aircraft interchange arrangement is in effect among all of the fractional owners.
(e) Multi-year program agreements are in effect regarding the fractional ownership, management services, and dry-lease aircraft interchange arrangement aspects of the program.
(2) As used in division (KKK)(1) of this section:
(a) "Affiliated group" has the same meaning as in division (B)(3)(e) of this section.
(b) "Fractional owner" means a person that owns or possesses at least a one-sixteenth interest in a program aircraft and has entered into the agreements described in division (KKK)(1)(e) of this section.
(c) "Fractional ownership program aircraft" or "program aircraft" means a turbojet aircraft that is owned or possessed by a fractional owner and that has been included in a dry-lease aircraft interchange arrangement and agreement under divisions (KKK)(1)(d) and (e) of this section, or an aircraft a program manager owns or possesses primarily for use in a fractional aircraft ownership program.
(d) "Management services" means administrative and aviation support services furnished under a fractional aircraft ownership program in accordance with a management services agreement under division (KKK)(1)(e) of this section, and offered by the program manager to the fractional owners, including, at a minimum, the establishment and implementation of safety guidelines; the coordination of the scheduling of the program aircraft and crews; program aircraft maintenance; program aircraft insurance; crew training for crews employed, furnished, or contracted by the program manager or the fractional owner; the satisfaction of record-keeping requirements; and the development and use of an operations manual and a maintenance manual for the fractional aircraft ownership program.
(e) "Program manager" means the person that offers management services to fractional owners pursuant to a management services agreement under division (KKK)(1)(e) of this section.
Sec. 5739.011. (A) As used in this section:
(1)
"Manufacturer" means a person who is engaged in
manufacturing, processing, assembling, or refining a product for
sale.
(2)
"Manufacturing facility" means a single location where
a
manufacturing operation is conducted, including locations
consisting of one or more buildings or structures in a contiguous
area owned or controlled by the manufacturer.
(3)
"Materials handling" means the movement of the product
being or to be manufactured, during which movement the product is
not undergoing any substantial change or alteration in its state
or form.
(4)
"Testing" means a process or procedure to identify the
properties or assure the quality of a material or product.
(5)
"Completed product" means a manufactured item that is
in
the form and condition as it will be sold by the manufacturer.
An
item is completed when all processes that change or alter its
state or form or enhance its value are finished, even though the
item subsequently will be tested to ensure its quality or be
packaged for storage or shipment.
(6)
"Continuous manufacturing operation" means the process
in
which raw materials or components are moved through the steps
whereby manufacturing occurs. Materials handling of raw
materials
or parts from the point of receipt or
preproduction storage or of
a completed product, to or from storage, to
or from
packaging, or
to the place from which the completed product will
be shipped, is
not a part of a continuous manufacturing
operation.
(B) For purposes of division (E)(9)(B)(43)(g) of section 5739.01 5739.02 of
the Revised Code, the
"thing transferred" includes, but is not
limited to, any of the following:
(1) Production machinery and equipment that act upon the
product or machinery and equipment that treat the materials or
parts in preparation for the manufacturing operation;
(2) Materials handling equipment that moves the product
through a continuous manufacturing operation; equipment that
temporarily stores the product during the manufacturing
operation;
or, excluding motor vehicles licensed to operate on
public
highways, equipment used in intraplant or interplant
transfers of
work in process where the plant or plants between
which such
transfers occur are manufacturing facilities operated
by the same
person;
(3) Catalysts, solvents, water, acids, oil, and similar
consumables that interact with the product and that are an
integral part of the manufacturing operation;
(4) Machinery, equipment, and other tangible personal
property used during the manufacturing operation that control,
physically support, produce power for, lubricate, or are
otherwise
necessary for the functioning of production machinery
and
equipment and the continuation of the manufacturing
operation;
(5) Machinery, equipment, fuel, power, material, parts,
and
other tangible personal property used to manufacture
machinery,
equipment, or other tangible personal property used in
manufacturing a product for sale;
(6) Machinery, equipment, and other tangible personal
property used by a manufacturer to test raw materials, the
product
being manufactured, or the completed product;
(7) Machinery and equipment used to handle or temporarily
store scrap that is intended to be reused in the manufacturing
operation at the same manufacturing facility;
(8) Coke, gas, water, steam, and similar
substances used in
the manufacturing operation; machinery and
equipment used for, and
fuel consumed in, producing or extracting
those substances;
machinery, equipment, and other tangible
personal property used to
treat, filter, pump, or
otherwise make the substance suitable for
use in the
manufacturing operation; and machinery and equipment
used
for, and fuel consumed in, producing
electricity
for use in
the manufacturing
operation;
(9) Machinery, equipment, and other tangible personal
property used to transport or transmit electricity, coke, gas,
water, steam, or similar substances used in the manufacturing
operation from the point of generation, if produced by the
manufacturer, or from the point where the substance enters the
manufacturing facility, if purchased by the manufacturer, to the
manufacturing operation;
(10) Machinery, equipment, and other tangible personal
property that treats, filters, cools, refines, or otherwise
renders water, steam, acid, oil, solvents, or similar substances
used in the manufacturing operation reusable, provided that the
substances are intended for reuse and not for disposal, sale, or
transportation from the manufacturing facility;
(11) Parts, components, and repair and installation
services
for items described in division (B) of this section.
(C) For purposes of division (E)(9)(B)(43)(g) of section 5739.01 5739.02 of
the Revised Code, the
"thing transferred" does not include any of
the following:
(1) Tangible personal property used in administrative,
personnel, security, inventory control, record-keeping, ordering,
billing, or similar functions;
(2) Tangible personal property used in storing raw
materials
or parts prior to the commencement of the manufacturing
operation
or used to handle or store a completed product,
including storage
that actively maintains a completed product in
a marketable state
or form;
(3) Tangible personal property used to handle or store
scrap
or waste intended for disposal, sale, or other disposition,
other
than reuse in the manufacturing operation at the same
manufacturing facility;
(4) Tangible personal property that is or is to be
incorporated into realty;
(5) Machinery, equipment, and other tangible personal
property used for ventilation, dust or gas collection, humidity
or
temperature regulation, or similar environmental control,
except
machinery, equipment, and other tangible personal property
that
totally regulates the environment in a special and limited
area of
the manufacturing facility where the regulation is
essential for
production to occur;
(6) Tangible personal property used for the protection and
safety of workers, unless the property is attached to or
incorporated into machinery and equipment used in a continuous
manufacturing operation;
(7) Tangible personal property used to store fuel, water,
solvents, acid, oil, or similar items consumed in the
manufacturing operation;
(8)
Machinery, equipment, and other tangible personal
property
used to clean, repair, or maintain real or personal
property in
the manufacturing facility;
(9) Motor vehicles registered for operation on
public
highways.
(D) For purposes of division (E)(9)(B)(43)(g) of section 5739.01 5739.02 of
the Revised Code, if the
"thing transferred" is a machine used by
a manufacturer in both a taxable and an exempt manner, it shall
be
totally taxable or totally exempt from taxation based upon its
quantified primary use. If the
"things transferred" are
fungibles, they shall be taxed based upon the proportion of the
fungibles used in a taxable manner.
Sec. 5739.012. (A) As used in this section:
(1) "Sham transaction" means a transaction or series of
transactions without economic substance because there is no
business purpose or expectation of profit other than obtaining tax
benefits.
(2) "Tax" includes only those taxes levied by or pursuant to
Chapter 5739. of the Revised Code that are required to be
calculated and collected as prescribed by division (H)(4)(A)(2) of
section 5739.01 5739.02 of the Revised Code.
(3) "Taxpayer" includes any person required to pay or to
collect and remit tax.
(B)(1) The tax commissioner may disregard any sham
transaction and ascertain a taxpayer's liability for tax without
the sham transaction.
(2) A lease with a renewal clause and a termination penalty
or similar provision that applies if the renewal clause is not
exercised is presumed to be a sham transaction. In such a case,
the tax shall be calculated and paid on the basis of the entire
length of the lease period, including any renewal periods, until
the termination penalty or similar provision no longer applies.
The taxpayer shall bear the burden of establishing, by a
preponderance of the evidence, that the transaction or series of
transactions is not a sham transaction.
(C) The tax commissioner may prescribe rules to administer
this section.
Sec. 5739.02. For the purpose of providing revenue with
which to meet the needs of the state, for the use of the general
revenue
fund of the state, for the purpose of securing a thorough
and
efficient system of common schools throughout the state, for
the purpose of affording revenues, in addition to those from
general property taxes, permitted under constitutional
limitations, and from other sources, for the support of local
governmental functions, and for the purpose of reimbursing the
state for the expense of administering this chapter, an excise
tax
is hereby levied on each retail sale made in this state.
(A)(1) The tax shall be collected pursuant to the schedules as provided
in
section 5739.025 of the Revised Code, provided that on and after July 1, 2003, and on or before June 30, 2005, the rate of tax shall be six per cent. On and after July 1, 2005, the rate of the tax shall be five per cent. The
The tax applies and is collectible when the sale is made,
regardless of the time when the price is paid or delivered.
In (2) In the case of the lease or rental, with a fixed term of more than thirty days or an indefinite term with a minimum period of more than thirty days, of any motor vehicles designed by the manufacturer to carry a load of not more than one ton, watercraft, outboard motor, or aircraft, or of any tangible personal property, other than motor vehicles designed by the manufacturer to carry a load of more than one ton, to be used by the lessee or renter primarily for business purposes, the tax shall be collected by the vendor at the time the lease or rental is consummated and shall be calculated by the vendor on the basis of the total amount to be paid by the lessee or renter under the lease agreement. If the total amount of the consideration for the lease or rental includes amounts that are not calculated at the time the lease or rental is executed, the tax shall be calculated and collected by the vendor at the time such amounts are billed to the lessee or renter. In the case of an open-end lease or rental, the tax shall be calculated by the vendor on the basis of the total amount to be paid during the initial fixed term of the lease or rental, and for each subsequent renewal period as it comes due. As used in this division, "motor vehicle" has the same meaning as in section 4501.01 of the Revised Code, and "watercraft" includes an outdrive unit attached to the watercraft.
(3) Except as provided in division (A)(2) of this section, in the case of a sale, the price of which consists in whole
or in part of rentals for the use of the thing transferred the lease or rental of tangible personal property, the
tax, as regards
those rentals, shall be measured by the
installments
of those rentals that lease or rental.
(4) In the case of a sale of a physical fitness facility service or recreation and sports club service defined under division
(MM) or (NN) of section 5739.01 of the Revised Code, the price of
which consists in whole or in part of a membership for the
receipt
of the benefit of the service, the tax applicable to the
sale
shall be measured by the installments thereof.
(B) The tax does not apply to the following:
(1) Sales to the state or any of its political
subdivisions,
or to any other state or its political subdivisions
if the laws of
that state exempt from taxation sales made to this
state and its
political subdivisions;
(2) Sales of food for human consumption off the premises
where sold;
(3) Sales of food sold to students only in a cafeteria,
dormitory, fraternity, or sorority maintained in a private,
public, or parochial school, college, or university;
(4) Sales of newspapers and of magazine subscriptions and
sales or transfers of magazines
distributed as controlled
circulation publications;
(5) The furnishing, preparing, or serving of meals without
charge by an employer to an employee provided the employer
records
the meals as part compensation for services performed or
work
done;
(6) Sales of motor fuel upon receipt, use,
distribution, or
sale of which in this state a tax is imposed by
the law of this
state, but this exemption shall not apply to the
sale of motor
fuel on which a refund of the tax is
allowable under division (A) of section
5735.14 of the Revised Code; and the tax
commissioner may deduct
the amount of tax levied by this section
applicable to the price
of motor fuel when granting a
refund of motor fuel tax pursuant to division (A) of
section 5735.14 of
the Revised Code and shall cause the amount
deducted to be paid
into the general revenue fund of this state;
(7) Sales of natural gas by a natural gas company, of water
by a water-works
company, or of steam by a heating company, if in
each case the
thing sold is delivered to consumers through pipes
or
conduits, and all sales of communications services by a
telephone
or telegraph company, all terms as defined in section
5727.01 of
the Revised Code, and sales of electricity delivered through wires;
(8) Casual sales by a person, or auctioneer employed
directly by the person to conduct such sales, except as to
such
sales of
motor vehicles, watercraft or outboard motors required to
be
titled under section 1548.06 of the Revised Code, watercraft
documented with the United States coast guard, snowmobiles, and
all-purpose vehicles as defined in section 4519.01 of the Revised
Code;
(9) Sales of services or tangible personal property, other
than motor vehicles, mobile homes, and manufactured
homes, by
churches, organizations exempt from taxation under
section
501(c)(3) of the Internal Revenue
Code of 1986, or
nonprofit
organizations operated exclusively for charitable
purposes as
defined in division (B)(12) of this section, provided
that the
number of days on which such tangible personal property
or
services, other than items never subject to the tax, are sold
does
not exceed six in any calendar year. If the number of days
on
which such sales are made exceeds six in any calendar year,
the
church or organization shall be considered to be engaged in
business and all subsequent sales by it shall be subject to the
tax. In counting the number of days, all sales by groups within
a
church or within an organization shall be considered to be
sales
of that church or organization, except that sales made by
separate
student clubs and other groups of students of a primary
or
secondary school, and sales made by a parent-teacher
association,
booster group, or similar organization that raises
money to
support or fund curricular or extracurricular activities
of a
primary or secondary school, shall not be considered to be
sales
of such school, and sales by each such club, group,
association,
or organization shall be counted separately for
purposes of the
six-day limitation. This division does not apply
to sales by a
noncommercial educational radio or television
broadcasting
station.
(10) Sales not within the taxing power of this state under
the Constitution of the United States;
(11) The Except for transactions that are sales under division (B)(3)(s) of section 5739.01 of the Revised Code, the transportation of persons or property, unless the
transportation is by a private investigation and security
service;
(12) Sales of tangible personal property or services to
churches, to organizations exempt from taxation under section
501(c)(3) of the Internal Revenue Code of 1986, and to any other
nonprofit organizations operated exclusively for charitable
purposes in this state, no part of the net income of which inures
to the benefit of any private shareholder or individual, and no
substantial part of the activities of which consists of carrying
on propaganda or otherwise attempting to influence legislation;
sales to offices administering one or more homes for the aged or
one or more hospital facilities exempt under section 140.08 of
the
Revised Code; and sales to organizations described in
division (D)
of section 5709.12 of the Revised Code.
"Charitable purposes" means the relief of poverty; the
improvement of health through the alleviation of illness,
disease,
or injury; the operation of an organization
exclusively
for the
provision of professional, laundry, printing, and
purchasing
services to hospitals or charitable institutions;
the
operation of
a home for the aged, as defined in section 5701.13
of the Revised
Code; the operation of a radio or television
broadcasting station
that is licensed by the federal
communications commission as a
noncommercial educational radio or
television station; the
operation of a nonprofit animal
adoption service or a county
humane society; the promotion of
education by an institution of
learning that maintains a faculty of
qualified instructors,
teaches regular continuous courses of study, and
confers a
recognized diploma upon completion of a specific
curriculum; the
operation of a parent-teacher association,
booster group, or
similar organization primarily engaged in the
promotion and
support of the curricular or extracurricular
activities of a
primary or secondary school; the operation of a
community or area
center in which presentations in music,
dramatics, the arts, and
related fields are made in order to
foster public interest and
education therein; the production of
performances in music,
dramatics, and the arts; or the
promotion of education by an
organization engaged in carrying on research
in, or the
dissemination of, scientific and technological
knowledge and
information primarily for the public.
Nothing in this division shall be deemed to exempt sales to
any organization for use in the operation or carrying on of a
trade or business, or sales to a home for the aged for use in the
operation of independent living facilities as defined in division
(A) of section 5709.12 of the Revised Code.
(13) Building and construction materials and services sold
to construction contractors for incorporation into a structure or
improvement to real property under a construction contract with
this state or a political subdivision
of this state, or
with the
United
States government or any of its agencies; building
and
construction materials and services sold to construction
contractors for incorporation into a structure or improvement to
real property that are accepted for ownership by this
state or
any
of its political subdivisions, or by the United States
government
or any of its agencies at the time of completion of
the
structures or improvements; building and construction
materials
sold to construction contractors for incorporation into
a
horticulture structure or livestock structure for a person
engaged
in the business of horticulture or producing livestock;
building
materials and services sold to a construction contractor
for
incorporation into a house of public worship or religious
education, or a building used exclusively for charitable purposes
under a construction contract with an organization whose purpose
is as described in division (B)(12) of this section; building
materials and
services sold to a construction contractor for
incorporation into a building
under a construction contract with
an organization exempt from taxation under
section 501(c)(3) of
the Internal Revenue
Code of 1986 when the building is to be used
exclusively for the
organization's exempt purposes; building and
construction materials sold for incorporation into the original
construction of a sports facility under section 307.696 of the
Revised Code; and building and construction materials and
services
sold to a construction contractor for incorporation into
real
property outside this state if such materials and services,
when
sold to a construction contractor in the state in which the
real
property is located for incorporation into real property in
that
state, would be exempt from a tax on sales levied by that
state;
(14) Sales of ships or vessels or rail rolling stock used or
to be
used principally in interstate or foreign commerce, and
repairs,
alterations, fuel, and lubricants for such ships or
vessels or rail rolling
stock;
(15) Sales to persons engaged in any of the activities
mentioned in division (E)(2)(B)(43)(a) or (9)(g) of this section 5739.01 of the
Revised Code, to persons engaged in making retail sales, or to
persons who purchase for sale from a manufacturer tangible
personal property that was produced by the manufacturer in
accordance with specific designs provided by the purchaser, of
packages, including material, labels, and parts for packages, and
of
machinery, equipment, and material for use primarily in
packaging
tangible personal property produced for sale, including
any machinery,
equipment, and supplies used to make labels or
packages, to prepare packages
or products for labeling, or to
label packages or products, by or on the order
of the person doing
the packaging, or sold at retail.
"Packages"
includes bags,
baskets, cartons, crates, boxes, cans, bottles,
bindings,
wrappings, and other similar devices and containers, and
"packaging" means placing therein.
(16) Sales of food to persons using food stamp
benefits to
purchase the food. As used in this division (B)(16) of
this section,
"food" has the same meaning as in the
"Food Stamp
Act of 1977,"
91
Stat. 958, 7 U.S.C. 2012, as amended, and federal
regulations
adopted pursuant to that act.
(17) Sales to persons engaged in farming, agriculture,
horticulture, or floriculture, of tangible personal property for
use or consumption directly in the production by farming,
agriculture, horticulture, or floriculture of other tangible
personal property for use or consumption directly in the
production of tangible personal property for sale by farming,
agriculture, horticulture, or floriculture; or material and parts
for incorporation into any such tangible personal property for
use
or consumption in production; and of tangible personal
property
for such use or consumption in the conditioning or
holding of
products produced by and for such use, consumption, or
sale by
persons engaged in farming, agriculture, horticulture, or
floriculture, except where such property is incorporated into real
property;
(18) Sales of drugs for a human being, dispensed by a licensed
pharmacist
upon
the order of a licensed health professional
authorized to
prescribe drugs to a human being, as the term
"licensed health
professional authorized to prescribe drugs" is defined in section
4729.01
of the Revised Code pursuant to a prescription;
insulin as recognized in the official
United States pharmacopoeia; urine and blood testing materials
when used by diabetics or persons with hypoglycemia to test for
glucose or acetone; hypodermic syringes and needles when used by
diabetics for insulin injections; epoetin alfa when purchased for
use in
the treatment of persons with end-stage renal disease;
hospital
beds when purchased
for use by persons with medical
problems for medical purposes;
and medical oxygen and medical oxygen-dispensing
equipment when purchased for use
by persons with medical problems
for medical purposes;
(19)(a) Sales of artificial limbs or portion thereof, breast
prostheses, and other prosthetic devices for humans; braces or
other devices for supporting weakened or nonfunctioning parts of
the human body; crutches
or other devices to aid human
perambulation; and items
of tangible
personal property used to
supplement impaired
functions of the
human body such as
respiration, hearing, or
elimination;
(b) Sales of wheelchairs; items incorporated into or used in
conjunction with a motor vehicle for the purpose of transporting
wheelchairs, other than transportation conducted in connection
with the sale or delivery of wheelchairs; and items incorporated
into or used in conjunction with a motor vehicle that are
specifically designed to assist a person with a disability to
access or operate the motor vehicle. As used in this division,
"person with a disability" means any person who has lost the use
of one or both legs or one or both arms, who is blind, deaf, or
disabled to the extent that the person is unable to move about
without the aid of crutches or a wheelchair, or whose mobility is
restricted by a permanent cardiovascular, pulmonary, or other
disabling condition.
(c) No
exemption under this division shall be allowed
for
nonprescription
drugs, medicines, or remedies; items or
devices
used to supplement
vision; items or devices whose
function is
solely or primarily
cosmetic; or physical fitness
equipment. This
division does not
apply to sales to a physician
or medical
facility for use in the
treatment of a patient, durable medical equipment for home use, or mobility enhancing equipment, when made pursuant to a prescription and when such devices or equipment are for use by a human being.
(20) Sales of emergency and fire protection vehicles and
equipment to nonprofit organizations for use solely in providing
fire protection and emergency services, including trauma care and
emergency
medical services, for political subdivisions of the
state;
(21) Sales of tangible personal property manufactured in
this state, if sold by the manufacturer in this state to a
retailer for use in the retail business of the retailer outside of
this state and
if possession is taken from the manufacturer by the
purchaser
within this state for the sole purpose of immediately
removing
the same from this state in a vehicle owned by the
purchaser;
(22) Sales of services provided by the state or any of its
political subdivisions, agencies, instrumentalities,
institutions,
or authorities, or by governmental entities of the
state or any of
its political subdivisions, agencies,
instrumentalities,
institutions, or authorities;
(23) Sales of motor vehicles to nonresidents of this state
upon the presentation of an affidavit executed in this state by
the nonresident purchaser affirming that the purchaser is a
nonresident of this state, that possession of the motor vehicle
is
taken in this state for the sole purpose of immediately
removing
it from this state, that the motor vehicle will be
permanently
titled and registered in another state, and that the
motor vehicle
will not be used in this state;
(24) Sales to persons engaged in the preparation of eggs
for
sale of tangible personal property used or consumed directly
in
such preparation, including such tangible personal property
used
for cleaning, sanitizing, preserving, grading, sorting, and
classifying by size; packages, including material and parts for
packages, and machinery, equipment, and material for use in
packaging eggs for sale; and handling and transportation
equipment
and parts therefor, except motor vehicles licensed to
operate on
public highways, used in intraplant or interplant
transfers or
shipment of eggs in the process of preparation for
sale, when the
plant or plants within or between which such
transfers or
shipments occur are operated by the same person.
"Packages"
includes containers, cases, baskets, flats, fillers,
filler flats,
cartons, closure materials, labels, and labeling
materials, and
"packaging" means placing therein.
(25)(a) Sales of water to a consumer for residential use,
except the sale of bottled water, distilled water, mineral water,
carbonated water, or ice;
(b) Sales of water by a nonprofit corporation engaged
exclusively in the treatment, distribution, and sale of water to
consumers, if such water is delivered to consumers through pipes
or tubing.
(26) Fees charged for inspection or reinspection of motor
vehicles under section 3704.14 of the Revised Code;
(27) Sales to persons licensed to conduct a food service
operation pursuant to section 3717.43 of the Revised Code, of
tangible personal property primarily used directly for the
following:
(a) To prepare food for human consumption for sale;
(b) To preserve food that has been or will be prepared
for
human consumption for sale by the food service operator, not
including tangible personal property used to display food for
selection by the consumer;
(c) To clean tangible personal property used to prepare or
serve food for human consumption for sale.
(28) Sales of animals by nonprofit animal adoption
services
or county humane societies;
(29) Sales of services to a corporation described in
division (A) of section 5709.72 of the Revised Code, and sales of
tangible personal property that qualifies for exemption from
taxation under section 5709.72 of the Revised Code;
(30) Sales and installation of agricultural land tile, as
defined in division (B)(5)(a) of section 5739.01 of the Revised
Code;
(31) Sales and erection or installation of portable grain
bins, as defined in division (B)(5)(b) of section 5739.01 of the
Revised Code;
(32) The sale, lease, repair, and maintenance of, parts
for,
or items attached to or incorporated in, motor
vehicles
that
are
primarily used for transporting tangible personal property by
a
person engaged in highway transportation for hire;
(33) Sales to the state headquarters of any veterans'
organization in
this state that is either incorporated and
issued
a
charter by the congress of the United States or is
recognized by
the United States veterans administration, for use
by the
headquarters;
(34) Sales to a telecommunications service vendor, mobile telecommunications service vendor, or satellite broadcasting service vendor of
tangible personal property and services used directly and
primarily in transmitting, receiving, switching, or recording any
interactive, one- or two-way electromagnetic communications, including
voice, image, data, and information, through the use of any
medium, including, but not limited to, poles, wires, cables,
switching equipment, computers, and record storage devices and
media, and component parts for the tangible personal property.
The exemption provided in this division (B)(34) of this section
shall
be in lieu of all other exceptions exemptions under division (E)(2)(B)(43)(a) of this
section 5739.01 of the Revised Code to which a telecommunications
service the vendor may otherwise be entitled, based upon the use of
the
thing purchased in providing the telecommunications, mobile telecommunications, or satellite broadcasting service.
(35) Sales of investment metal bullion and investment
coins.
"Investment metal bullion" means any elementary precious
metal
that has been put through a process of smelting or
refining,
including, but not limited to, gold, silver, platinum,
and
palladium, and which is in such state or condition that its
value
depends upon its content and not upon its form.
"Investment metal
bullion" does not include fabricated precious
metal that has been
processed or manufactured for one or
more
specific and customary
industrial, professional, or artistic
uses.
"Investment coins"
means numismatic coins or other forms
of money and legal tender
manufactured of gold, silver, platinum,
palladium, or other metal
under the laws of the United States or
any foreign nation with a
fair market value greater than any
statutory or nominal value of
such coins.
(36)(a) Sales where the purpose of the consumer is to use
or
consume the things transferred in making retail sales and
consisting of newspaper inserts, catalogues, coupons, flyers,
gift
certificates, or other advertising material that
prices and
describes tangible personal property offered for retail sale.
(b) Sales to direct marketing vendors of preliminary
materials such as photographs, artwork, and typesetting that will
be used in printing advertising material; of printed matter that
offers free merchandise or chances to win sweepstake prizes and
that is mailed to potential customers with advertising material
described in division (B)(36)(a) of this section; and of
equipment
such as telephones, computers, facsimile machines, and
similar
tangible personal property primarily used to accept
orders for
direct marketing retail sales.
(c) Sales of automatic food vending machines that preserve
food with a shelf life of forty-five days or less by
refrigeration
and dispense it to the consumer.
For purposes of division (B)(36) of this section,
"direct
marketing" means the method of selling where consumers order
tangible personal property by United States mail, delivery
service, or telecommunication and the vendor delivers or ships
the
tangible personal property sold to the consumer from a
warehouse,
catalogue distribution center, or similar fulfillment
facility by
means of the United States mail, delivery service, or
common
carrier.
(37) Sales to a person engaged in the business of
horticulture or producing livestock of materials to be
incorporated into a horticulture structure or livestock
structure;
(38) The sale of a motor vehicle that is used exclusively
for a vanpool
ridesharing arrangement to persons participating in
the vanpool ridesharing
arrangement when the vendor is selling the
vehicle pursuant to a contract
between the vendor and the
department of transportation;
(39) Sales of personal computers, computer monitors,
computer keyboards,
modems, and other peripheral computer
equipment to an individual who is
licensed or certified to teach
in an elementary or a secondary school in this
state for use by
that individual in preparation for teaching elementary or
secondary school students;
(40)(39) Sales to a professional racing team of any of the
following:
(a) Motor racing vehicles;
(b) Repair services for motor racing
vehicles;
(c) Items of property that are
attached to or incorporated
in motor racing vehicles, including
engines, chassis, and all
other components of the vehicles, and
all spare, replacement, and
rebuilt parts or components of the
vehicles; except not including
tires, consumable fluids, paint,
and accessories consisting of
instrumentation sensors and
related items added to the vehicle to
collect and transmit data
by means of telemetry and other forms of
communication.
(41)(40) Sales of used manufactured homes and used mobile
homes,
as
defined in section 5739.0210 of the Revised Code, made on or
after
January 1, 2000;
(42)(41) Sales of tangible personal property and services to
a
provider of electricity used or consumed directly and primarily in
generating, transmitting, or distributing electricity for use by
others,
including property that is or is to be incorporated into
and will become
a part of the consumer's production, transmission,
or distribution
system and that retains its classification as
tangible personal
property after incorporation; fuel or power used
in the
production, transmission, or distribution of electricity;
and
tangible personal property and services used in the repair and
maintenance of the production, transmission, or distribution
system, including only those motor vehicles as are specially
designed and equipped for such use. The exemption provided in
this division shall be in lieu of all other exceptions exemptions in division
(E)(2)(B)(43)(a) of this section 5739.01 of the Revised Code to
which a provider
of electricity may otherwise be entitled based on the use of the
tangible
personal property or service purchased in generating,
transmitting, or
distributing electricity.
(42) Sales to a person providing services under division (B)(3)(s) of section 5739.01 of the Revised Code of tangible personal property and services used directly and primarily in providing taxable services under that section.
(43) Sales where the purpose of the purchaser is to do any of the following:
(a) To incorporate the thing transferred as a material or a part into tangible personal property to be produced for sale by manufacturing, assembling, processing, or refining; or to use or consume the thing transferred directly in producing tangible personal property for sale by mining, including, without limitation, the extraction from the earth of all substances that are classed geologically as minerals, production of crude oil and natural gas, farming, agriculture, horticulture, or floriculture, or directly in the rendition of a public utility service, except that the sales tax levied by this section shall be collected upon all meals, drinks, and food for human consumption sold when transporting persons. Persons engaged in rendering farming, agricultural, horticultural, or floricultural services, and services in the exploration for, and production of, crude oil and natural gas, for others are deemed engaged directly in farming, agriculture, horticulture, and floriculture, or exploration for, and production of, crude oil and natural gas. This paragraph does not exempt from "retail sale" or "sales at retail" the sale of tangible personal property that is to be incorporated into a structure or improvement to real property.
(b) To hold the thing transferred as security for the performance of an obligation of the vendor;
(c) To resell, hold, use, or consume the thing transferred as evidence of a contract of insurance;
(d) To use or consume the thing directly in commercial fishing;
(e) To incorporate the thing transferred as a material or a part into, or to use or consume the thing transferred directly in the production of, magazines distributed as controlled circulation publications;
(f) To use or consume the thing transferred in the production and preparation in suitable condition for market and sale of printed, imprinted, overprinted, lithographic, multilithic, blueprinted, photostatic, or other productions or reproductions of written or graphic matter;
(g) To use the thing transferred, as described in section 5739.011 of the Revised Code, primarily in a manufacturing operation to produce tangible personal property for sale;
(h) To use the benefit of a warranty, maintenance or service contract, or similar agreement, as described in division (B)(7) of section 5739.01 of the Revised Code, to repair or maintain tangible personal property, if all of the property that is the subject of the warranty, contract, or agreement would not be subject to the tax imposed by this section;
(i) To use the thing transferred as qualified research and development equipment;
(j) To use or consume the thing transferred primarily in storing, transporting, mailing, or otherwise handling purchased sales inventory in a warehouse, distribution center, or similar facility when the inventory is primarily distributed outside this state to retail stores of the person who owns or controls the warehouse, distribution center, or similar facility, to retail stores of an affiliated group of which that person is a member, or by means of direct marketing. This division does not apply to motor vehicles registered for operation on the public highways. As used in this division, "affiliated group" has the same meaning as in division (B)(3)(e) of section 5739.01 of the Revised Code and "direct marketing" has the same meaning as in division (B)(36) of this section.
(k) To use or consume the thing transferred to fulfill a contractual obligation incurred by a warrantor pursuant to a warranty provided as a part of the price of the tangible personal property sold or by a vendor of a warranty, maintenance or service contract, or similar agreement the provision of which is defined as a sale under division (B)(7) of section 5739.01 of the Revised Code;
(l) To use or consume the thing transferred in the production of a newspaper for distribution to the public;
(m) To use tangible personal property to perform a service listed in division (B)(3) of section 5739.01 of the Revised Code, if the property is or is to be permanently transferred to the consumer of the service as an integral part of the performance of the service.
As used in division (B)(43) of this section, "thing" includes all transactions included in divisions (B)(3)(a), (b), and (e) of section 5739.01 of the Revised Code.
(44) Sales conducted through a coin operated device that activates vacuum equipment or equipment that dispenses water, whether or not in combination with soap or other cleaning agents or wax, to the consumer for the consumer's use on the premises in washing, cleaning, or waxing a motor vehicle, provided no other personal property or personal service is provided as part of the transaction.
(45) Sales of replacement and modification parts for engines, airframes, instruments, and interiors in, and paint for, aircraft used primarily in a fractional aircraft ownership program, and sales of services for the repair, modification, and maintenance of such aircraft, and machinery, equipment, and supplies primarily used to provide those services.
(C) For the purpose of the proper administration of this
chapter,
and to prevent the evasion of the tax, it is presumed
that all
sales made in this state are subject to the tax until
the contrary
is established.
As used in this section, except in division (B)(16) of this
section,
"food" includes cereals and cereal products, milk and
milk products including ice cream, meat and meat products, fish
and fish products, eggs and egg products, vegetables and
vegetable
products, fruits, fruit products, and pure fruit
juices,
condiments, sugar and sugar products, coffee and coffee
substitutes, tea, and cocoa and cocoa products. It does not
include: spirituous
liquors, wine, mixed beverages, or
beer;
soft drinks; sodas and
beverages that are ordinarily
dispensed at
or in connection with bars and soda
fountains, other than coffee,
tea, and
cocoa;
root beer
and root beer extracts; malt and malt
extracts;
mineral
oils, cod
liver oils, and halibut liver oil;
medicines,
including
tonics,
vitamin preparations, and other
products sold
primarily
for their
medicinal properties; and water,
including
mineral,
bottled, and
carbonated waters, and ice.
(C)(D) The levy of this tax on retail sales of recreation and
sports
club service shall not prevent a municipal corporation from
levying any tax on
recreation and sports club dues or on any
income generated by recreation and
sports club dues.
(E) The tax collected by the vendor from the consumer under this chapter is not part of the price, but is a tax collection for the benefit of the state, and of counties levying an additional sales tax pursuant to section 5739.021 or 5739.026 of the Revised Code and of transit authorities levying an additional sales tax pursuant to section 5739.023 of the Revised Code. Except for the discount authorized under section 5739.12 of the Revised Code and the effects of any rounding pursuant to section 5703.055 of the Revised Code, no person other than the state or such a county or transit authority shall derive any benefit from the collection or payment of the tax levied by this section or section 5739.021, 5739.023, or 5739.026 of the Revised Code.
Sec. 5739.021. (A) For the purpose of providing
additional
general revenues for the county or supporting criminal
and
administrative justice services in the county, or both, and
to pay
the expenses of administering such levy, any county may
levy a tax
at the rate of not more than one per cent at any
multiple of
one-fourth of one per cent upon every retail sale
made in the
county, except sales of watercraft and outboard
motors required to
be titled pursuant to Chapter 1548. of the
Revised Code and sales
of motor vehicles, and may increase the
rate of an existing tax to
not more than one per cent at any
multiple of one-fourth of one
per cent.
The tax shall be levied and the rate increased pursuant to
a
resolution of the
board of county commissioners. The resolution
shall
state the purpose for which the tax is to be levied and the
number of years for which the tax is to be levied, or that it is
for a continuing period of time. If the tax is to be levied for
the purpose of providing additional general revenues and for the
purpose of supporting criminal and administrative justice
services, the resolution shall state the rate or amount of the
tax
to be apportioned to each such purpose. The rate or amount
may be
different for each year the tax is to be levied, but the
rates or
amounts actually apportioned each year shall not be
different from
that stated in the resolution for that year.
If the resolution is
adopted as an emergency measure necessary for the immediate
preservation of the public peace, health, or safety, it must
receive an affirmative vote of all of the members of the board of
county commissioners and shall state the reasons for such
necessity. A
The board shall deliver a certified copy of the resolution shall be delivered
to the tax
commissioner either personally or by certified mail, not
later
than the sixtieth sixty-fifth day prior to the date on which the tax is
to
become effective, which shall be the first day of the calendar quarter.
Prior to the adoption of any resolution under
this section,
the board of county commissioners shall conduct two
public
hearings on the resolution, the second hearing to be not
less than
three nor more than ten days after the first. Notice
of the date,
time, and place of the hearings shall be given by
publication in a
newspaper of general circulation in the county
once a week on the
same day of the week for two consecutive
weeks, the second
publication being not less than ten nor more
than thirty days
prior to the first hearing.
Except as provided in division (B)(3) of this section, the
resolution shall become effective on the first day of a calendar
quarter following the expiration of sixty days from the date of
its adoption, be subject to a referendum as provided in sections
305.31 to 305.41 of the Revised Code.
If a petition for a
referendum is filed, the county auditor
with whom
the petition was filed shall, within
five days, notify
the board of county commissioners and the tax
commissioner of the
filing of the petition by certified mail. If
the board of
elections with which the petition was filed
declares the petition
invalid, the board of elections, within five
days, shall notify
the board of county commissioners and the tax
commissioner of that
declaration by certified mail. If the
petition
is declared
to be
invalid, the effective date of the
tax or increased rate of
tax
levied by this section shall be the
first day of
a calendar
quarter
following the expiration
of
sixty-five days from the date the
petition was declared
invalid by commissioner receives notice from the board of elections that the petition is invalid.
(B)(1) A resolution that is not adopted as an emergency
measure may
direct the board of elections to submit the question
of levying
the tax or increasing the rate of tax to the electors
of the
county at a special election held on the date specified by
the
board of county
commissioners in the resolution, provided that
the
election occurs not
less than seventy-five days after a
certified
copy of such resolution is transmitted to the board of
elections
and the election is not held in February or
August of
any year.
Upon transmission of the resolution to the
board of
elections, the
board of county commissioners shall notify the tax
commissioner in
writing of the levy question to be submitted to
the electors. No
resolution adopted under
this division
shall go
into effect
unless approved by a majority
of those voting upon it,
and,
except as provided in
division
(B)(3) of this section, shall
become effective on the
first day of
a calendar quarter
following
the expiration
of
sixty-five days from the date of notice
to the tax
commissioner by receives notice from the
board of elections of the
affirmative vote.
(2) A resolution that is adopted as an emergency measure
shall go into effect as provided in division
(A) of this
section,
but may direct the board of elections to submit the
question of
repealing the tax or increase in the rate of the tax
to the
electors of the county at the next general election in the
county
occurring not less than seventy-five days after a
certified copy
of the resolution is transmitted to the board of
elections. Upon
transmission of the resolution to the board of
elections,
the
board of county commissioners shall notify the tax
commissioner in
writing of the levy question to be submitted to
the electors. The
ballot question shall be the same as that
prescribed in section
5739.022 of the Revised Code. The board of
elections shall notify
the board of county commissioners and the
tax commissioner of the
result of the election immediately after
the result has been
declared. If a majority of the qualified
electors voting on the
question of repealing the tax or increase
in the rate of the tax
vote for repeal of the tax or repeal of
the
increase, the board of
county commissioners, on the first day
of
a calendar quarter
following the expiration of
sixty-five days after the
date it received
the board and tax commissioner receive notice of the result of the
election, shall, in
the case of a
repeal of the tax, cease to levy
the tax, or, in
the case of a
repeal of an increase in the rate of
the tax, cease
to levy the
increased rate and levy the tax at the
rate at which
it was
imposed immediately prior to the increase in
rate.
(3) If a vendor that is registered with the central
electronic registration system provided for in section 5740.05 of
the Revised Code makes a sale in this state by printed catalog
and the consumer computed the tax on the sale based on local rates
published in the catalog,
any tax levied or repealed or rate changed under
this section shall not apply
to such sales a sale until the first day of
a calendar quarter
following the expiration of one hundred
twenty
days from the date
of notice by the tax commissioner to the
vendor, or to the
vendor's certified service provider, if the
vendor has selected
one pursuant to division (H) of this section.
(C) If a resolution is rejected at a referendum or if a
resolution adopted after January 1, 1982, as an emergency measure
is repealed by the electors pursuant to division (B)(2) of
this
section or section 5739.022 of the Revised Code, then for
one year
after the date of the election at which the resolution
was
rejected or repealed the board of county commissioners may
not
adopt any resolution authorized by this section as an
emergency
measure.
(D) The board of county commissioners, at any time while a
tax levied under this section is in effect, may by resolution
reduce the rate at which the tax is levied to a lower rate
authorized by this section. Any reduction in the rate at which
the tax is levied shall be made effective on
the first
day of
a
calendar quarter next following the
sixtieth sixty-fifth day after the
certification a certified copy of the resolution is delivered to the tax
commissioner.
(E) The tax on every retail sale subject to a tax levied
pursuant to this section shall be in addition to the tax levied
by
section 5739.02 of the Revised Code and any tax levied
pursuant to
section 5739.023 or 5739.026 of the Revised Code.
A county that levies a tax pursuant to this section shall
levy a tax at the same rate pursuant to section 5741.021 of the
Revised Code.
The additional tax levied by the county shall be collected
pursuant to section 5739.025 of the Revised Code. If the
additional tax or some portion thereof is levied for the purpose
of criminal and administrative justice services, the revenue from
the tax, or the amount or rate apportioned to that purpose, shall
be credited to a special fund created in the county treasury for
receipt of that revenue.
Any tax levied pursuant to this section is subject to the
exemptions provided in section 5739.02 of the Revised Code and in
addition shall not be applicable to sales not within the taxing
power of a county under the
Constitution
of the
United States or
the
Ohio
Constitution.
(F) For purposes of this section, a copy of a resolution
is
"certified" when it contains a written statement attesting
that
the copy is a true and exact reproduction of the original
resolution.
(G) If a board of commissioners intends to adopt a
resolution to levy a tax in whole or in part for the purpose of
criminal and administrative justice services, the board shall
prepare and make available at the first public hearing at which
the resolution is considered a statement containing the following
information:
(1) For each of the two preceding fiscal years, the amount
of expenditures made by the county from the county general fund
for the purpose of criminal and administrative justice services;
(2) For the fiscal year in which the resolution is
adopted,
the board's estimate of the amount of expenditures to be
made by
the county from the county general fund for the purpose
of
criminal and administrative justice services;
(3) For each of the two fiscal years after the fiscal year
in which the resolution is adopted, the board's preliminary plan
for expenditures to be made from the county general fund for the
purpose of criminal and administrative justice services, both
under the assumption that the tax will be imposed for that
purpose
and under the assumption that the tax would not be
imposed for
that purpose, and for expenditures to be made from
the special
fund created under division (E) of this section under
the
assumption that the tax will be imposed for that purpose.
The board shall prepare the statement and the preliminary
plan using the best information available to the board at the
time
the statement is prepared. Neither the statement nor the
preliminary plan shall be used as a basis to challenge the
validity of the tax in any court of competent jurisdiction, nor
shall the statement or preliminary plan limit the authority of
the
board to appropriate, pursuant to section 5705.38 of the
Revised
Code, an amount different from that specified in the
preliminary
plan.
(H) Upon receipt from a board of county commissioners of a certified copy of a resolution required by division (A) or (D) of this section, or from the board of elections of a notice of the results of an election required by division (A) or (B)(1) or (2) of this section, the tax commissioner shall provide notice of a tax rate change in a manner that is reasonably accessible to all affected vendors. The commissioner shall provide this notice at least sixty days prior to the effective date of the rate change. The commissioner, by rule, may establish the method by which notice will be provided.
(I) As used in this section, "criminal and administrative
justice services" means the exercise by the county sheriff of all
powers and duties vested in that office by law; the exercise by
the county prosecuting attorney of all powers and duties vested
in
that office by law; the exercise by any court in the county of
all
powers and duties vested in that court; the exercise by the
clerk
of the court of common pleas, any clerk of a municipal
court
having jurisdiction throughout the county, or the clerk of
any
county court of all powers and duties vested in the clerk by
law
except, in the case of the clerk of the court of common
pleas, the
titling of motor vehicles or watercraft pursuant to
Chapter 1548.
or 4505. of the Revised Code; the exercise by the
county coroner
of all powers and duties vested in that office by
law; making
payments to any other public agency or a private,
nonprofit
agency, the purposes of which in the county include the
diversion,
adjudication, detention, or rehabilitation of
criminals or
juvenile offenders; the operation and maintenance of
any detention
facility, as defined in section 2921.01 of the
Revised Code; and
the construction, acquisition, equipping, or
repair of such a
detention facility, including the payment of any
debt charges
incurred in the issuance of securities pursuant to
Chapter 133. of
the Revised Code for the purpose of constructing,
acquiring,
equipping, or repairing such a facility.
Sec. 5739.022. (A) The question of repeal of either a
county permissive tax or an increase in the rate of a county
permissive tax that was adopted as an emergency measure pursuant
to section 5739.021 or 5739.026 of the Revised Code may be
initiated by filing with the board of elections of the county not
less than seventy-five days before the general election in any
year a petition requesting that an election be held on the
question. The question of repealing an increase in the rate of
the county permissive tax shall be submitted to the electors as a
separate question from the repeal of the tax in effect prior to
the increase in the rate. Any petition filed under this section
shall be signed by qualified electors residing in the county
equal
in number to ten per cent of those voting for governor at
the most
recent gubernatorial election.
After determination by it that the petition is valid, the
board of elections shall submit the question to the electors of
the county at the next general election. The election shall be
conducted, canvassed, and certified in the same manner as regular
elections for county offices in the county. The board of
elections shall notify the tax commissioner, in writing, of the
election upon determining that the petition is valid. Notice of
the election shall also be published in a newspaper of general
circulation in the district once a week for four consecutive
weeks
prior to the election, stating the purpose, the time, and
the
place of the election. The form of the ballot cast at the
election shall be prescribed by the secretary of state; however,
the ballot question shall read,
"shall the tax (or, increase in
the rate of the tax) be retained?
The question covered by the petition shall be submitted as a
separate proposition, but it may be printed on the same ballot
with any other proposition submitted at the same election other
than the election of officers.
(B) If a majority of the qualified electors voting on the
question of repeal of either a county permissive tax or an
increase in the rate of a county permissive tax approve the
repeal, the board of elections shall notify the board of county
commissioners and the tax commissioner of the result of the
election immediately after the result has been declared. The
board of county commissioners shall, on the first day of the month
calendar quarter following the expiration of thirty sixty-five days after the date it
receives
the board and the tax commissioner receive the notice, in the case of a repeal of a county
permissive tax,
cease to levy the tax, or, in the case of a
repeal of an increase
in the rate of a county permissive tax,
levy the tax at the rate
at which it was imposed immediately
prior to the increase in rate
and cease to levy the increased
rate.
(C) Upon receipt from a board of elections of a notice of the results of an election required by division (B) of this section, the tax commissioner shall provide notice of a tax repeal or rate change in a manner that is reasonably accessible to all affected vendors. The commissioner shall provide this notice at least sixty days prior to the effective date of the rate change. The commissioner, by rule, may establish the method by which notice will be provided.
(D) If a vendor that is registered with the central electronic registration system provided for in section 5740.05 of the Revised Code makes a sale in this state by printed catalog and the consumer computed the tax on the sale based on local rates published in the catalog, any tax repealed or rate changed under this section shall not apply to such a sale until the first day of a calendar quarter following the expiration of one hundred twenty days from the date of notice by the tax commissioner pursuant to division (C) of this section.
Sec. 5739.023. (A)(1) For the purpose of providing
additional general revenues for a transit authority and paying
the
expenses of administering such levy, any transit authority as
defined in division (U) of section 5739.01 of the Revised Code
may
levy a tax upon every retail sale made in the territory of
the
transit authority, except sales of watercraft and outboard
motors
required to be titled pursuant to Chapter 1548. of the
Revised
Code and sales of motor vehicles, at a rate of not more
than one
and one-half per cent at any multiple of one-fourth of
one per
cent and may increase the existing rate of tax to not
more than
one and one-half per cent at any multiple of one-fourth
of one per
cent. The tax shall be levied and the rate increased
pursuant to
a resolution of the legislative authority of the
transit authority
and a certified copy of the resolution shall be
delivered by the
fiscal officer to the board of elections as
provided in section
3505.071 of the Revised Code and to the tax commissioner. The resolution
shall specify the
number of years for which the tax is to be in
effect or that the
tax is for a continuing period of time, and
the date of the
election on the question of the tax pursuant to
section 306.70 of
the Revised Code. The board of elections shall certify the results of the election to the transit authority and tax commissioner.
(2)
Except as provided in division (C) of this section,
the
tax levied by the resolution shall become
effective on
the first
day of
a calendar quarter next
following
the sixtieth sixty-fifth day
following the date the tax commissioner receives from the board of elections the certification of the
results of the
election on the
question of the tax by the board
of
elections.
(B) The legislative authority may, at any time while the
tax
is in effect, by resolution fix the rate of the tax at any
rate
authorized by this section and not in excess of that
approved by
the voters pursuant to section 306.70 of the Revised
Code.
Except
as provided in division (C) of this section, any change in
the
rate of the tax shall be made effective
on
the
first day of
a
calendar quarter next following the
sixtieth sixty-fifth day following the
date the tax commissioner receives the certification of the resolution to the
tax commissioner; provided,
that in any case where bonds, or
notes
in anticipation of bonds,
of a regional transit authority
have
been issued under section
306.40 of the Revised Code without
a
vote of the electors while
the tax proposed to be reduced was
in
effect, the board of
trustees of the regional transit
authority
shall continue to levy
and collect under authority of
the original
election authorizing
the tax a rate of tax
that the
board of
trustees reasonably
estimates will produce an amount in
that year
equal to the amount
of principal of and interest on
those bonds as
is payable in that
year.
(C)
Upon receipt from the board of elections of the certification of the results of the election required by division (A) of this section, or from the legislative authority of the certification of a resolution under division (B) of this section, the tax commissioner shall provide notice of a tax rate change in a manner that is reasonably accessible to all affected vendors. The commissioner shall provide this notice at least sixty days prior to the effective date of the rate change. The commissioner, by rule, may establish the method by which notice will be provided.
(D) If a vendor that is registered with the central
electronic registration system provided for in section 5740.05 of
the Revised Code makes a sale in this state by printed catalog
and the consumer computed the tax on the sale based on local rates
published in the catalog,
any tax levied or rate changed under
this section shall not apply
to such a sale until the first day of
a calendar quarter
following the expiration of one hundred
twenty
days from the date
of notice by the tax commissioner to the
vendor, or to the
vendor's certified service provider, if the
vendor has selected
one pursuant to division (C) of this section.
(D)(E) The tax on every retail sale subject to a tax levied
pursuant to this section is in addition to the tax levied by
section 5739.02 of the Revised Code and any tax levied pursuant
to
section 5739.021 or 5739.026 of the Revised Code.
(E)(F) The additional tax levied by the transit authority
shall
be collected pursuant to section 5739.025 of the Revised
Code.
(F)(G) Any tax levied pursuant to this section is subject to
the exemptions provided in section 5739.02 of the Revised Code
and
in addition shall not be applicable to sales not within the
taxing
power of a transit authority under the constitution of the
United
States or the constitution of this state.
(G)(H) The rate of a tax levied under this section is
subject
to
reduction under section 5739.028 of the
Revised Code, if
a
ballot question is approved by
voters pursuant to that section.
Sec. 5739.025. As used in this section, "local tax" means
a tax imposed pursuant to section 5739.021, 5739.023, 5739.026,
5741.021, 5741.022, or 5741.023 of the Revised Code.
(A) The taxes levied by sections 5739.02 and 5741.02 of
the Revised Code shall be collected as follows:
(1) On and after July 1, 2003, and on or before June 30, 2005, in accordance with the following schedule:
If the price |
|
The amount of |
is at least |
But not more than |
the tax is |
|
$ .01 |
|
$ .15 |
|
No tax |
|
.16 |
|
.16 |
|
1¢ |
|
.17 |
|
.33 |
|
2¢ |
|
.34 |
|
.50 |
|
3¢ |
|
.51 |
|
.66 |
|
4¢ |
|
.67 |
|
.83 |
|
5¢ |
|
.84 |
|
1.00 |
|
6¢ |
If the price exceeds one dollar, the tax is six cents on each one dollar. If the price exceeds one dollar or a multiple thereof by not more than seventeen cents, the amount of tax is six cents for each one dollar plus one cent. If the price exceeds one dollar or a multiple thereof by more than seventeen cents, the amount of tax is six cents for each one dollar plus the amount of tax for prices eighteen cents through ninety-nine cents in accordance with the schedule above.
(2) On and after July 1, 2005, and on and before December 31, 2005, in accordance with the
following schedule:
|
If the price |
|
But not |
|
The amount |
|
|
is at least |
|
more than |
|
of the tax is |
|
|
$ .01 |
|
$ .15 |
|
No tax |
|
|
.16 |
|
.20 |
|
1¢ |
|
|
.21 |
|
.40 |
|
2¢ |
|
|
.41 |
|
.60 |
|
3¢ |
|
|
.61 |
|
.80 |
|
4¢ |
|
|
.81 |
|
1.00 |
|
5¢ |
|
If the price exceeds one dollar, the tax is five cents on
each one dollar. If the price exceeds one dollar or a multiple
thereof by not more than twenty cents, the amount of tax is five
cents for each one dollar plus one cent. If the price exceeds
one dollar or a multiple thereof by more than twenty cents, the
amount of tax is five cents for each one dollar plus the amount
of tax for prices twenty-one cents through ninety-nine cents in
accordance with the schedule above.
(B) The On and after July 1, 2003, and on and before June 30, 2005, the combined taxes levied by sections 5739.02 and 5741.02 and pursuant to sections 5739.021, 5739.023, 5739.026, 5741.021, 5741.022, and 5741.023 of the Revised Code shall be collected in accordance with the following schedules:
(1) When the combined rate of state and local tax is six and one-fourth per cent:
If the price |
|
The amount of |
is at least |
But not more than |
the tax is |
|
$ .01 |
|
$ .15 |
|
No tax |
|
.16 |
|
.16 |
|
1¢ |
|
.17 |
|
.32 |
|
2¢ |
|
.33 |
|
.48 |
|
3¢ |
|
.49 |
|
.64 |
|
4¢ |
|
.65 |
|
.80 |
|
5¢ |
|
.81 |
|
.96 |
|
6¢ |
|
.97 |
|
1.12 |
|
7¢ |
|
1.13 |
|
1.28 |
|
8¢ |
|
1.29 |
|
1.44 |
|
9¢ |
|
1.45 |
|
1.60 |
|
10¢ |
|
1.61 |
|
1.76 |
|
11¢ |
|
1.77 |
|
1.92 |
|
12¢ |
|
1.93 |
|
2.08 |
|
13¢ |
|
2.09 |
|
2.24 |
|
14¢ |
|
2.25 |
|
2.40 |
|
15¢ |
|
2.41 |
|
2.56 |
|
16¢ |
|
2.57 |
|
2.72 |
|
17¢ |
|
2.73 |
|
2.88 |
|
18¢ |
|
2.89 |
|
3.04 |
|
19¢ |
|
3.05 |
|
3.20 |
|
20¢ |
|
3.21 |
|
3.36 |
|
21¢ |
|
3.37 |
|
3.52 |
|
22¢ |
|
3.53 |
|
3.68 |
|
23¢ |
|
3.69 |
|
3.84 |
|
24¢ |
|
3.85 |
|
4.00 |
|
25¢ |
If the price exceeds four dollars, the tax is twenty-five cents on each four dollars. If the price exceeds four dollars or a multiple thereof by not more than sixteen cents, the amount of tax is twenty-five cents for each four dollars plus one cent. If the price exceeds four dollars or a multiple thereof by more than sixteen cents, the amount of tax is twenty-five cents for each four dollars plus the amount of tax
for prices seventeen cents through three dollars and ninety-nine cents in accordance with the schedule above.
(2) When the combined rate of state and local tax is six and one-half per cent:
If the price |
|
The amount of |
is at least |
But not more than |
the tax is |
|
$ .01 |
|
$ .15 |
|
No tax |
|
.16 |
|
.30 |
|
2¢ |
|
.31 |
|
.46 |
|
3¢ |
|
.47 |
|
.61 |
|
4¢ |
|
.62 |
|
.76 |
|
5¢ |
|
.77 |
|
.92 |
|
6¢ |
|
.93 |
|
1.07 |
|
7¢ |
|
1.08 |
|
1.23 |
|
8¢ |
|
1.24 |
|
1.38 |
|
9¢ |
|
1.39 |
|
1.53 |
|
10¢ |
|
1.54 |
|
1.69 |
|
11¢ |
|
1.70 |
|
1.84 |
|
12¢ |
|
1.85 |
|
2.00 |
|
13¢ |
If the price exceeds two dollars, the tax is thirteen cents on each two dollars. If the price exceeds two dollars or a multiple thereof by not more than fifteen cents, the amount of tax is thirteen cents for each two dollars plus one cent. If the price exceeds two dollars or a multiple thereof by more than fifteen cents, the amount of tax is thirteen cents for each two dollars plus the amount of tax for prices sixteen cents through one dollar and ninety-nine cents in accordance with the schedule above.
(3) When the combined rate of state and local tax is six and three-fourths per cent:
If the price |
|
The amount of |
is at least |
But not more than |
the tax is |
|
$ .01 |
|
$ .15 |
|
No tax |
|
.16 |
|
.29 |
|
2¢ |
|
.30 |
|
.44 |
|
3¢ |
|
.45 |
|
.59 |
|
4¢ |
|
.60 |
|
.74 |
|
5¢ |
|
.75 |
|
.88 |
|
6¢ |
|
.89 |
|
1.03 |
|
7¢ |
|
1.04 |
|
1.18 |
|
8¢ |
|
1.19 |
|
1.33 |
|
9¢ |
|
1.34 |
|
1.48 |
|
10¢ |
|
1.49 |
|
1.62 |
|
11¢ |
|
1.63 |
|
1.77 |
|
12¢ |
|
1.78 |
|
1.92 |
|
13¢ |
|
1.93 |
|
2.07 |
|
14¢ |
|
2.08 |
|
2.22 |
|
15¢ |
|
2.23 |
|
2.37 |
|
16¢ |
|
2.38 |
|
2.51 |
|
17¢ |
|
2.52 |
|
2.66 |
|
18¢ |
|
2.67 |
|
2.81 |
|
19¢ |
|
2.82 |
|
2.96 |
|
20¢ |
|
2.97 |
|
3.11 |
|
21¢ |
|
3.12 |
|
3.25 |
|
22¢ |
|
3.26 |
|
3.40 |
|
23¢ |
|
3.41 |
|
3.55 |
|
24¢ |
|
3.56 |
|
3.70 |
|
25¢ |
|
3.71 |
|
3.85 |
|
26¢ |
|
3.86 |
|
4.00 |
|
27¢ |
If the price exceeds four dollars, the tax is twenty-seven cents on each four dollars. If the price exceeds four dollars or a multiple thereof by not more than fourteen cents, the amount of tax is twenty-seven cents for each four dollars plus one cent. If the price exceeds four dollars or a multiple thereof by more than fourteen but by not more than twenty-nine cents, the amount of tax is twenty-seven cents for each four dollars plus two cents. If the price exceeds four dollars or a multiple thereof by more than twenty-nine cents the amount of tax is twenty-seven cents for each four dollars plus the amount of tax for prices thirty cents through three dollars and ninety-nine cents in accordance with the schedule above.
(4) When the combined rate of state and local tax is seven per cent:
If the price |
|
The amount of |
is at least |
But not more than |
the tax is |
|
$ .01 |
|
$ .15 |
|
No tax |
|
.16 |
|
.28 |
|
2¢ |
|
.29 |
|
.42 |
|
3¢ |
|
.43 |
|
.57 |
|
4¢ |
|
.58 |
|
.71 |
|
5¢ |
|
.72 |
|
.85 |
|
6¢ |
|
.86 |
|
1.00 |
|
7¢ |
If the price exceeds one dollar, the tax is seven cents on each one dollar. If the price exceeds one dollar or a multiple thereof by not more than fifteen cents, the amount of tax is seven cents for each one dollar plus one cent. If the price exceeds one dollar or a multiple thereof by more than fifteen cents, the amount of tax is seven cents for each one dollar plus the amount of tax for prices sixteen cents through ninety-nine cents in accordance with the schedule above.
(5) When the combined rate of state and local tax is seven and one-fourth per cent:
If the price |
|
The amount of |
is at least |
But not more than |
the tax is |
|
$ .01 |
|
$ .15 |
|
No tax |
|
.16 |
|
.27 |
|
2¢ |
|
.28 |
|
.41 |
|
3¢ |
|
.42 |
|
.55 |
|
4¢ |
|
.56 |
|
.68 |
|
5¢ |
|
.69 |
|
.82 |
|
6¢ |
|
.83 |
|
.96 |
|
7¢ |
|
.97 |
|
1.10 |
|
8¢ |
|
1.11 |
|
1.24 |
|
9¢ |
|
1.25 |
|
1.37 |
|
10¢ |
|
1.38 |
|
1.51 |
|
11¢ |
|
1.52 |
|
1.65 |
|
12¢ |
|
1.66 |
|
1.79 |
|
13¢ |
|
1.80 |
|
1.93 |
|
14¢ |
|
1.94 |
|
2.06 |
|
15¢ |
|
2.07 |
|
2.20 |
|
16¢ |
|
2.21 |
|
2.34 |
|
17¢ |
|
2.35 |
|
2.48 |
|
18¢ |
|
2.49 |
|
2.62 |
|
19¢ |
|
2.63 |
|
2.75 |
|
20¢ |
|
2.76 |
|
2.89 |
|
21¢ |
|
2.90 |
|
3.03 |
|
22¢ |
|
3.04 |
|
3.17 |
|
23¢ |
|
3.18 |
|
3.31 |
|
24¢ |
|
3.32 |
|
3.44 |
|
25¢ |
|
3.45 |
|
3.58 |
|
26¢ |
|
3.59 |
|
3.72 |
|
27¢ |
|
3.73 |
|
3.86 |
|
28¢ |
|
3.87 |
|
4.00 |
|
29¢ |
If the price exceeds four dollars, the tax is twenty-nine cents on each four dollars. If the price exceeds four dollars or a multiple thereof by not more than thirteen cents, the amount of tax is twenty-nine cents for each four dollars plus one cent. If the price exceeds four dollars or a multiple thereof by more than thirteen cents but by not more than twenty-seven cents, the amount of tax is twenty-nine cents for each four dollars plus two cents. If the price exceeds four dollars or a multiple thereof by more than twenty-seven cents, the amount of tax is twenty-nine cents for each four dollars plus the amount of tax for prices twenty-eight cents through three dollars and ninety-nine cents in accordance with the schedule above.
(6) When the combined rate of state and local tax is seven and one-half per cent:
If the price |
|
The amount of |
is at least |
But not more than |
the tax is |
|
$ .01 |
|
$ .15 |
|
No tax |
|
.16 |
|
.26 |
|
2¢ |
|
.27 |
|
.40 |
|
3¢ |
|
.41 |
|
.53 |
|
4¢ |
|
.54 |
|
.65 |
|
5¢ |
|
.66 |
|
.80 |
|
6¢ |
|
.81 |
|
.93 |
|
7¢ |
|
.94 |
|
1.06 |
|
8¢ |
|
1.07 |
|
1.20 |
|
9¢ |
|
1.21 |
|
1.33 |
|
10¢ |
|
1.34 |
|
1.46 |
|
11¢ |
|
1.47 |
|
1.60 |
|
12¢ |
|
1.61 |
|
1.73 |
|
13¢ |
|
1.74 |
|
1.86 |
|
14¢ |
|
1.87 |
|
2.00 |
|
15¢ |
If the price exceeds two dollars, the tax is fifteen cents on each two dollars. If the price exceeds two dollars or a multiple thereof by not more than fifteen cents, the amount of tax is fifteen cents for each two dollars plus one cent. If the price exceeds two dollars or a multiple thereof by more than fifteen cents, the amount of tax is fifteen cents for each two dollars plus the amount of tax for prices sixteen cents through one dollar and ninety-nine cents in accordance with the schedule above.
(7) When the combined rate of state and local tax is seven and three-fourths per cent:
If the price |
|
The amount of |
is at least |
But not more than |
the tax is |
|
$ .01 |
|
$ .15 |
|
No tax |
|
.16 |
|
.25 |
|
2¢ |
|
.26 |
|
.38 |
|
3¢ |
|
.39 |
|
.51 |
|
4¢ |
|
.52 |
|
.64 |
|
5¢ |
|
.65 |
|
.77 |
|
6¢ |
|
.78 |
|
.90 |
|
7¢ |
|
.91 |
|
1.03 |
|
8¢ |
|
1.04 |
|
1.16 |
|
9¢ |
|
1.17 |
|
1.29 |
|
10¢ |
|
1.30 |
|
1.41 |
|
11¢ |
|
1.42 |
|
1.54 |
|
12¢ |
|
1.55 |
|
1.67 |
|
13¢ |
|
1.68 |
|
1.80 |
|
14¢ |
|
1.81 |
|
1.93 |
|
15¢ |
|
1.94 |
|
2.06 |
|
16¢ |
|
2.07 |
|
2.19 |
|
17¢ |
|
2.20 |
|
2.32 |
|
18¢ |
|
2.33 |
|
2.45 |
|
19¢ |
|
2.46 |
|
2.58 |
|
20¢ |
|
2.59 |
|
2.70 |
|
21¢ |
|
2.71 |
|
2.83 |
|
22¢ |
|
2.84 |
|
2.96 |
|
23¢ |
|
2.97 |
|
3.09 |
|
24¢ |
|
3.10 |
|
3.22 |
|
25¢ |
|
3.23 |
|
3.35 |
|
26¢ |
|
3.36 |
|
3.48 |
|
27¢ |
|
3.49 |
|
3.61 |
|
28¢ |
|
3.62 |
|
3.74 |
|
29¢ |
|
3.75 |
|
3.87 |
|
30¢ |
|
3.88 |
|
4.00 |
|
31¢ |
If the price exceeds four dollars, the tax is thirty-one cents on each four dollars. If the price exceeds four dollars or a multiple thereof by not more than twelve cents, the amount of tax is thirty-one cents for each four dollars plus one cent. If the price exceeds four dollars or a multiple thereof by more than twelve cents but by not more than twenty-five cents, the amount of tax is thirty-one cents for each four dollars plus two cents. If the price exceeds four dollars or a multiple thereof by more than twenty-five cents, the amount of tax is thirty-one cents for each four dollars plus the amount of tax for prices twenty-six cents through three dollars and ninety-nine cents in accordance with the schedule above.
(8) When the combined rate of state and local tax is eight per cent:
If the price |
|
The amount of |
is at least |
But not more than |
the tax is |
|
$ .01 |
|
$ .15 |
|
No tax |
|
.16 |
|
.25 |
|
2¢ |
|
.26 |
|
.37 |
|
3¢ |
|
.38 |
|
.50 |
|
4¢ |
|
.51 |
|
.62 |
|
5¢ |
|
.63 |
|
.75 |
|
6¢ |
|
.76 |
|
.87 |
|
7¢ |
|
.88 |
|
1.00 |
|
8¢ |
If the price exceeds one dollar, the tax is eight cents on each one dollar. If the price exceeds one dollar or a multiple thereof by not more than twelve cents, the amount of tax is eight cents for each one dollar plus one cent. If the price exceeds one dollar or a multiple thereof by more than twelve cents but not more than twenty-five cents, the amount of tax is eight cents for each one dollar plus two cents. If the price exceeds one dollar or a multiple thereof by more than twenty-five cents, the amount of tax is eight cents for each one dollar plus the amount of tax for prices twenty-six cents through ninety-nine cents in accordance with the schedule above.
(9) When the combined rate of state and local tax is eight and one-fourth per cent:
If the price |
|
The amount of |
is at least |
But not more than |
the tax is |
|
$ .01 |
|
$ .15 |
|
No tax |
|
.16 |
|
.24 |
|
2¢ |
|
.25 |
|
.36 |
|
3¢ |
|
.37 |
|
.48 |
|
4¢ |
|
.49 |
|
.60 |
|
5¢ |
|
.61 |
|
.72 |
|
6¢ |
|
.73 |
|
.84 |
|
7¢ |
|
.85 |
|
.96 |
|
8¢ |
|
.97 |
|
1.09 |
|
9¢ |
|
1.10 |
|
1.21 |
|
10¢ |
|
1.22 |
|
1.33 |
|
11¢ |
|
1.34 |
|
1.45 |
|
12¢ |
|
1.46 |
|
1.57 |
|
13¢ |
|
1.58 |
|
1.69 |
|
14¢ |
|
1.70 |
|
1.81 |
|
15¢ |
|
1.82 |
|
1.93 |
|
16¢ |
|
1.94 |
|
2.06 |
|
17¢ |
|
2.07 |
|
2.18 |
|
18¢ |
|
2.19 |
|
2.30 |
|
19¢ |
|
2.31 |
|
2.42 |
|
20¢ |
|
2.43 |
|
2.54 |
|
21¢ |
|
2.55 |
|
2.66 |
|
22¢ |
|
2.67 |
|
2.78 |
|
23¢ |
|
2.79 |
|
2.90 |
|
24¢ |
|
2.91 |
|
3.03 |
|
25¢ |
|
3.04 |
|
3.15 |
|
26¢ |
|
3.16 |
|
3.27 |
|
27¢ |
|
3.28 |
|
3.39 |
|
28¢ |
|
3.40 |
|
3.51 |
|
29¢ |
|
3.52 |
|
3.63 |
|
30¢ |
|
3.64 |
|
3.75 |
|
31¢ |
|
3.76 |
|
3.87 |
|
32¢ |
|
3.88 |
|
4.00 |
|
33¢ |
If the price exceeds four dollars, the tax is thirty-three cents on each four dollars. If the price exceeds four dollars or a multiple thereof by not more than eleven cents, the amount of tax is thirty-three cents for each four dollars plus one cent. If the price exceeds four dollars or a multiple thereof by more than eleven cents but by not more than twenty-four cents, the amount of tax is thirty-three cents for each four dollars plus two cents. If the price exceeds four dollars or a multiple thereof by more than twenty-four cents, the amount of tax is thirty-three cents for each four dollars plus the amount of tax for prices twenty-six cents through three dollars and ninety-nine cents in accordance with the schedule above.
(10) When the combined rate of state and local tax is eight and one-half per cent:
If the price |
|
The amount of |
is at least |
But not more than |
the tax is |
|
$ .01 |
|
$ .15 |
|
No tax |
|
.16 |
|
.23 |
|
2¢ |
|
.24 |
|
.35 |
|
3¢ |
|
.36 |
|
.47 |
|
4¢ |
|
.48 |
|
.58 |
|
5¢ |
|
.59 |
|
.70 |
|
6¢ |
|
.71 |
|
.82 |
|
7¢ |
|
.83 |
|
.94 |
|
8¢ |
|
.95 |
|
1.05 |
|
9¢ |
|
1.06 |
|
1.17 |
|
10¢ |
|
1.18 |
|
1.29 |
|
11¢ |
|
1.30 |
|
1.41 |
|
12¢ |
|
1.42 |
|
1.52 |
|
13¢ |
|
1.53 |
|
1.64 |
|
14¢ |
|
1.65 |
|
1.76 |
|
15¢ |
|
1.77 |
|
1.88 |
|
16¢ |
|
1.89 |
|
2.00 |
|
17¢ |
If the price exceeds two dollars, the tax is seventeen cents on each two dollars. If the price exceeds two dollars or a multiple thereof by not more than eleven cents, the amount of tax is seventeen cents for each two dollars plus one cent. If the price exceeds two dollars or a multiple thereof by more than eleven cents but by not more than twenty-three cents, the amount of tax is seventeen cents for each two dollars plus two cents. If the price exceeds two dollars or a multiple thereof by more than twenty-three cents, the amount of tax is seventeen cents for each two dollars plus the amount of tax for prices twenty-four cents through one dollar and ninety-nine cents in accordance with the schedule above.
(11) When the combined rate of state and local tax is eight and three-fourths per cent:
If the price |
|
The amount of |
is at least |
But not more than |
the tax is |
|
$ .01 |
|
$ .15 |
|
No tax |
|
.16 |
|
.22 |
|
2¢ |
|
.23 |
|
.34 |
|
3¢ |
|
.35 |
|
.45 |
|
4¢ |
|
.46 |
|
.57 |
|
5¢ |
|
.58 |
|
.68 |
|
6¢ |
|
.69 |
|
.80 |
|
7¢ |
|
.81 |
|
.91 |
|
8¢ |
|
.92 |
|
1.02 |
|
9¢ |
|
1.03 |
|
1.14 |
|
10¢ |
|
1.15 |
|
1.25 |
|
11¢ |
|
1.26 |
|
1.37 |
|
12¢ |
|
1.38 |
|
1.48 |
|
13¢ |
|
1.49 |
|
1.60 |
|
14¢ |
|
1.61 |
|
1.71 |
|
15¢ |
|
1.72 |
|
1.82 |
|
16¢ |
|
1.83 |
|
1.94 |
|
17¢ |
|
1.95 |
|
2.05 |
|
18¢ |
|
2.06 |
|
2.17 |
|
19¢ |
|
2.18 |
|
2.28 |
|
20¢ |
|
2.29 |
|
2.40 |
|
21¢ |
|
2.41 |
|
2.51 |
|
22¢ |
|
2.52 |
|
2.62 |
|
23¢ |
|
2.63 |
|
2.74 |
|
24¢ |
|
2.75 |
|
2.85 |
|
25¢ |
|
2.86 |
|
2.97 |
|
26¢ |
|
2.98 |
|
3.08 |
|
27¢ |
|
3.09 |
|
3.20 |
|
28¢ |
|
3.21 |
|
3.31 |
|
29¢ |
|
3.32 |
|
3.42 |
|
30¢ |
|
3.43 |
|
3.54 |
|
31¢ |
|
3.55 |
|
3.65 |
|
32¢ |
|
3.66 |
|
3.77 |
|
33¢ |
|
3.78 |
|
3.88 |
|
34¢ |
|
3.89 |
|
4.00 |
|
35¢ |
If the price exceeds four dollars, the tax is thirty-five cents on each four dollars. If the price exceeds four dollars or a multiple thereof by not more than eleven cents, the amount of tax is thirty-five cents for each four dollars plus one cent. If the price exceeds four dollars or a multiple thereof by more than eleven cents but by not more than twenty-two cents, the amount of tax is thirty-five cents for each four dollars plus two cents. If the price exceeds four dollars or a multiple thereof by more than twenty-two cents, the amount of tax is thirty-five cents for each four dollars plus the amount of tax for prices twenty-three cents through three dollars and ninety-nine cents in accordance with the schedule above.
(12) When the combined rate of state and local tax is nine per cent:
If the price |
|
The amount of |
is at least |
But not more than |
the tax is |
|
$ .01 |
|
$ .15 |
|
No tax |
|
.16 |
|
.22 |
|
2¢ |
|
.23 |
|
.33 |
|
3¢ |
|
.34 |
|
.44 |
|
4¢ |
|
.45 |
|
.55 |
|
5¢ |
|
.56 |
|
.66 |
|
6¢ |
|
.67 |
|
.77 |
|
7¢ |
|
.78 |
|
.88 |
|
8¢ |
|
.89 |
|
1.00 |
|
9¢ |
If the price exceeds one dollar, the tax is nine cents on each one dollar. If the price exceeds one dollar or a multiple thereof by not more than eleven cents, the amount of tax is nine cents for each one dollar plus one cent. If the price exceeds one dollar or a multiple thereof by more than eleven cents but by not more than twenty-two cents, the amount of tax is nine cents for each one dollar plus two cents. If the price exceeds one dollar or a multiple thereof by more than twenty-two cents, the amount of tax is nine cents for each one dollar plus the amount of tax for prices twenty-three cents through ninety-nine cents in accordance with the schedule above.
(C) On and after July 1, 2005, and on and before December 31, 2005, the combined taxes levied by sections 5739.02 and
5741.02 and pursuant to sections 5739.021, 5739.023, 5739.026,
5741.021, 5741.022, and 5741.023 of the Revised Code shall be
collected in accordance with the following schedules:
(1) When the total rate of local tax is one-fourth per
cent:
|
If the price |
|
But not |
|
The amount |
|
|
is at least |
|
more than |
|
of the tax is |
|
|
$ .01 |
|
$ .15 |
|
No tax |
|
|
.16 |
|
.19 |
|
1¢ |
|
|
.20 |
|
.38 |
|
2¢ |
|
|
.39 |
|
.57 |
|
3¢ |
|
|
.58 |
|
.76 |
|
4¢ |
|
|
.77 |
|
.95 |
|
5¢ |
|
|
.96 |
|
1.14 |
|
6¢ |
|
|
1.15 |
|
1.33 |
|
7¢ |
|
|
1.34 |
|
1.52 |
|
8¢ |
|
|
1.53 |
|
1.71 |
|
9¢ |
|
|
1.72 |
|
1.90 |
|
10¢ |
|
|
1.91 |
|
2.09 |
|
11¢ |
|
|
2.10 |
|
2.28 |
|
12¢ |
|
|
2.29 |
|
2.47 |
|
13¢ |
|
|
2.48 |
|
2.66 |
|
14¢ |
|
|
2.67 |
|
2.85 |
|
15¢ |
|
|
2.86 |
|
3.04 |
|
16¢ |
|
|
3.05 |
|
3.23 |
|
17¢ |
|
|
3.24 |
|
3.42 |
|
18¢ |
|
|
3.43 |
|
3.61 |
|
19¢ |
|
|
3.62 |
|
3.80 |
|
20¢ |
|
|
3.81 |
|
4.00 |
|
21¢ |
|
If the price exceeds four dollars, the tax is twenty-one
cents on each four dollars. If the price exceeds four dollars or
a multiple thereof by not more than nineteen cents, the amount of
tax is twenty-one cents for each four dollars plus one cent. If
the price exceeds four dollars or a multiple thereof by more than
nineteen cents, the amount of tax is twenty-one cents for each
four dollars plus the amount of tax for prices twenty cents
through three dollars and ninety-nine cents in accordance with
the schedule above.
(2) When the combined rate of local tax is one-half per
cent:
|
If the price |
|
But not |
|
The amount |
|
|
is at least |
|
more than |
|
of the tax is |
|
|
$ .01 |
|
$ .15 |
|
No tax |
|
|
.16 |
|
.18 |
|
1¢ |
|
|
.19 |
|
.36 |
|
2¢ |
|
|
.37 |
|
.54 |
|
3¢ |
|
|
.55 |
|
.72 |
|
4¢ |
|
|
.73 |
|
.90 |
|
5¢ |
|
|
.91 |
|
1.09 |
|
6¢ |
|
|
1.10 |
|
1.27 |
|
7¢ |
|
|
1.28 |
|
1.46 |
|
8¢ |
|
|
1.47 |
|
1.64 |
|
9¢ |
|
|
1.65 |
|
1.82 |
|
10¢ |
|
|
1.83 |
|
2.00 |
|
11¢ |
|
If the price exceeds two dollars, the tax is eleven cents
on each two dollars. If the price exceeds two dollars or a
multiple thereof by not more than eighteen cents, the amount of
tax is eleven cents for each two dollars plus one cent. If the
price exceeds two dollars or a multiple thereof by more than
eighteen cents, the amount of tax is eleven cents for each two
dollars plus the amount of tax for prices nineteen cents through
one dollar and ninety-nine cents in accordance with the schedule
above.
(3) When the combined rate of local tax is three-fourths
per cent:
|
If the price |
|
But not |
|
The amount |
|
|
is at least |
|
more than |
|
of the tax is |
|
|
$ .01 |
|
$ .15 |
|
No tax |
|
|
.16 |
|
.17 |
|
1¢ |
|
|
.18 |
|
.34 |
|
2¢ |
|
|
.35 |
|
.52 |
|
3¢ |
|
|
.53 |
|
.69 |
|
4¢ |
|
|
.70 |
|
.86 |
|
5¢ |
|
|
.87 |
|
1.04 |
|
6¢ |
|
|
1.05 |
|
1.21 |
|
7¢ |
|
|
1.22 |
|
1.39 |
|
8¢ |
|
|
1.40 |
|
1.56 |
|
9¢ |
|
|
1.57 |
|
1.73 |
|
10¢ |
|
|
1.74 |
|
1.91 |
|
11¢ |
|
|
1.92 |
|
2.08 |
|
12¢ |
|
|
2.09 |
|
2.26 |
|
13¢ |
|
|
2.27 |
|
2.43 |
|
14¢ |
|
|
2.44 |
|
2.60 |
|
15¢ |
|
|
2.61 |
|
2.78 |
|
16¢ |
|
|
2.79 |
|
2.95 |
|
17¢ |
|
|
2.96 |
|
3.13 |
|
18¢ |
|
|
3.14 |
|
3.30 |
|
19¢ |
|
|
3.31 |
|
3.47 |
|
20¢ |
|
|
3.48 |
|
3.65 |
|
21¢ |
|
|
3.66 |
|
3.82 |
|
22¢ |
|
|
3.83 |
|
4.00 |
|
23¢ |
|
If the price exceeds four dollars, the tax is twenty-three
cents on each four dollars. If the price exceeds four dollars or
a multiple thereof by not more than seventeen cents, the amount
of tax is twenty-three cents for each four dollars plus one cent.
If the price exceeds four dollars or a multiple thereof by more
than seventeen cents, the amount of tax is twenty-three cents for
each four dollars plus the amount of tax for prices eighteen
cents through three dollars and ninety-nine cents in accordance
with the schedule above.
(4) When the combined rate of local tax is one per cent:
|
If the price |
|
But not |
|
The amount |
|
|
is at least |
|
more than |
|
of the tax is |
|
|
$ .01 |
|
$ .15 |
|
No tax |
|
|
.16 |
|
.17 |
|
1¢ |
|
|
.18 |
|
.34 |
|
2¢ |
|
|
.35 |
|
.50 |
|
3¢ |
|
|
.51 |
|
.67 |
|
4¢ |
|
|
.68 |
|
.83 |
|
5¢ |
|
|
.84 |
|
1.00 |
|
6¢ |
|
If the price exceeds one dollar, the tax is six cents on
each one dollar. If the price exceeds one dollar or a multiple
thereof by not more than seventeen cents, the amount of tax is
six cents for each one dollar plus one cent. If the price
exceeds one dollar or a multiple thereof by more than seventeen
cents, the amount of tax is six cents for each one dollar plus
the amount of tax for prices eighteen cents through ninety-nine
cents in accordance with the schedule above.
(5) When the combined rate of local tax is one and
one-fourth per cent:
|
If the price |
|
But not |
|
The amount |
|
|
is at least |
|
more than |
|
of the tax is |
|
|
$ .01 |
|
$ .15 |
|
No tax |
|
|
.16 |
|
.16 |
|
1¢ |
|
|
.17 |
|
.32 |
|
2¢ |
|
|
.33 |
|
.48 |
|
3¢ |
|
|
.49 |
|
.64 |
|
4¢ |
|
|
.65 |
|
.80 |
|
5¢ |
|
|
.81 |
|
.96 |
|
6¢ |
|
|
.97 |
|
1.12 |
|
7¢ |
|
|
1.13 |
|
1.28 |
|
8¢ |
|
|
1.29 |
|
1.44 |
|
9¢ |
|
|
1.45 |
|
1.60 |
|
10¢ |
|
|
1.61 |
|
1.76 |
|
11¢ |
|
|
1.77 |
|
1.92 |
|
12¢ |
|
|
1.93 |
|
2.08 |
|
13¢ |
|
|
2.09 |
|
2.24 |
|
14¢ |
|
|
2.25 |
|
2.40 |
|
15¢ |
|
|
2.41 |
|
2.56 |
|
16¢ |
|
|
2.57 |
|
2.72 |
|
17¢ |
|
|
2.73 |
|
2.88 |
|
18¢ |
|
|
2.89 |
|
3.04 |
|
19¢ |
|
|
3.05 |
|
3.20 |
|
20¢ |
|
|
3.21 |
|
3.36 |
|
21¢ |
|
|
3.37 |
|
3.52 |
|
22¢ |
|
|
3.53 |
|
3.68 |
|
23¢ |
|
|
3.69 |
|
3.84 |
|
24¢ |
|
|
3.85 |
|
4.00 |
|
25¢ |
|
If the price exceeds four dollars, the tax is twenty-five
cents on each four dollars. If the price exceeds four dollars or
a multiple thereof by not more than sixteen cents, the amount of
tax is twenty-five cents for each four dollars plus one cent. If
the price exceeds four dollars or a multiple thereof by more than
sixteen cents, the amount of tax is twenty-five cents for each
four dollars plus the amount of tax for prices seventeen cents
through three dollars and ninety-nine cents in accordance with
the schedule above.
(6) When the combined rate of local tax is one and
one-half per cent:
|
If the price |
|
But not |
|
The amount |
|
|
is at least |
|
more than |
|
of the tax is |
|
|
$ .01 |
|
$ .15 |
|
No tax |
|
|
.16 |
|
.30 |
|
2¢ |
|
|
.31 |
|
.46 |
|
3¢ |
|
|
.47 |
|
.61 |
|
4¢ |
|
|
.62 |
|
.76 |
|
5¢ |
|
|
.77 |
|
.92 |
|
6¢ |
|
|
.93 |
|
1.07 |
|
7¢ |
|
|
1.08 |
|
1.23 |
|
8¢ |
|
|
1.24 |
|
1.38 |
|
9¢ |
|
|
1.39 |
|
1.53 |
|
10¢ |
|
|
1.54 |
|
1.69 |
|
11¢ |
|
|
1.70 |
|
1.84 |
|
12¢ |
|
|
1.85 |
|
2.00 |
|
13¢ |
|
If the price exceeds two dollars, the tax is thirteen cents
on each two dollars. If the price exceeds two dollars or a
multiple thereof by not more than fifteen cents, the amount of
tax is thirteen cents for each two dollars plus one cent. If the
price exceeds two dollars or a multiple thereof by more than
fifteen cents, the amount of tax is thirteen cents for each two
dollars plus the amount of tax for prices sixteen cents through
one dollar and ninety-nine cents in accordance with the schedule
above.
(7) When the combined rate of local tax is one and
three-fourths per cent:
|
If the price |
|
But not |
|
The amount |
|
|
is at least |
|
more than |
|
of the tax is |
|
|
$ .01 |
|
$ .15 |
|
No tax |
|
|
.16 |
|
.29 |
|
2¢ |
|
|
.30 |
|
.44 |
|
3¢ |
|
|
.45 |
|
.59 |
|
4¢ |
|
|
.60 |
|
.74 |
|
5¢ |
|
|
.75 |
|
.88 |
|
6¢ |
|
|
.89 |
|
1.03 |
|
7¢ |
|
|
1.04 |
|
1.18 |
|
8¢ |
|
|
1.19 |
|
1.33 |
|
9¢ |
|
|
1.34 |
|
1.48 |
|
10¢ |
|
|
1.49 |
|
1.62 |
|
11¢ |
|
|
1.63 |
|
1.77 |
|
12¢ |
|
|
1.78 |
|
1.92 |
|
13¢ |
|
|
1.93 |
|
2.07 |
|
14¢ |
|
|
2.08 |
|
2.22 |
|
15¢ |
|
|
2.23 |
|
2.37 |
|
16¢ |
|
|
2.38 |
|
2.51 |
|
17¢ |
|
|
2.52 |
|
2.66 |
|
18¢ |
|
|
2.67 |
|
2.81 |
|
19¢ |
|
|
2.82 |
|
2.96 |
|
20¢ |
|
|
2.97 |
|
3.11 |
|
21¢ |
|
|
3.12 |
|
3.25 |
|
22¢ |
|
|
3.26 |
|
3.40 |
|
23¢ |
|
|
3.41 |
|
3.55 |
|
24¢ |
|
|
3.56 |
|
3.70 |
|
25¢ |
|
|
3.71 |
|
3.85 |
|
26¢ |
|
|
3.86 |
|
4.00 |
|
27¢ |
|
If the price exceeds four dollars, the tax is twenty-seven
cents on each four dollars. If the price exceeds four dollars or
a multiple thereof by not more than fourteen cents, the amount of
tax is twenty-seven cents for each four dollars plus one cent. If the price
exceeds four dollars or a multiple thereof by more
than fourteen but by not more than twenty-nine cents, the amount
of tax is twenty-seven cents for each four dollars plus two
cents. If the price exceeds four dollars or a multiple thereof
by more than twenty-nine cents the amount of tax is twenty-seven
cents for each four dollars plus the amount of tax for prices
thirty cents through three dollars and ninety-nine cents in
accordance with the schedule above.
(8) When the combined rate of local tax is two per cent:
|
If the price |
|
But not |
|
The amount |
|
|
is at least |
|
more than |
|
of the tax is |
|
|
$ .01 |
|
$ .15 |
|
No tax |
|
|
.16 |
|
.28 |
|
2¢ |
|
|
.29 |
|
.42 |
|
3¢ |
|
|
.43 |
|
.57 |
|
4¢ |
|
|
.58 |
|
.71 |
|
5¢ |
|
|
.72 |
|
.85 |
|
6¢ |
|
|
.86 |
|
1.00 |
|
7¢ |
|
If the price exceeds one dollar, the tax is seven cents on
each one dollar. If the price exceeds one dollar or a multiple
thereof by not more than fifteen cents, the amount of tax is
seven cents for each one dollar plus one cent. If the price
exceeds one dollar or a multiple thereof by more than fifteen
cents, the amount of tax is seven cents for each one dollar plus
the amount of tax for prices sixteen cents through ninety-nine
cents in accordance with the schedule above.
(9) When the combined rate of local tax is two and
one-fourth per cent:
|
If the price |
|
But not |
|
The amount |
|
|
is at least |
|
more than |
|
of the tax is |
|
|
$ .01 |
|
$ .15 |
|
No tax |
|
|
.16 |
|
.27 |
|
2¢ |
|
|
.28 |
|
.41 |
|
3¢ |
|
|
.42 |
|
.55 |
|
4¢ |
|
|
.56 |
|
.68 |
|
5¢ |
|
|
.69 |
|
.82 |
|
6¢ |
|
|
.83 |
|
.96 |
|
7¢ |
|
|
.97 |
|
1.10 |
|
8¢ |
|
|
1.11 |
|
1.24 |
|
9¢ |
|
|
1.25 |
|
1.37 |
|
10¢ |
|
|
1.38 |
|
1.51 |
|
11¢ |
|
|
1.52 |
|
1.65 |
|
12¢ |
|
|
1.66 |
|
1.79 |
|
13¢ |
|
|
1.80 |
|
1.93 |
|
14¢ |
|
|
1.94 |
|
2.06 |
|
15¢ |
|
|
2.07 |
|
2.20 |
|
16¢ |
|
|
2.21 |
|
2.34 |
|
17¢ |
|
|
2.35 |
|
2.48 |
|
18¢ |
|
|
2.49 |
|
2.62 |
|
19¢ |
|
|
2.63 |
|
2.75 |
|
20¢ |
|
|
2.76 |
|
2.89 |
|
21¢ |
|
|
2.90 |
|
3.03 |
|
22¢ |
|
|
3.04 |
|
3.17 |
|
23¢ |
|
|
3.18 |
|
3.31 |
|
24¢ |
|
|
3.32 |
|
3.44 |
|
25¢ |
|
|
3.45 |
|
3.58 |
|
26¢ |
|
|
3.59 |
|
3.72 |
|
27¢ |
|
|
3.73 |
|
3.86 |
|
28¢ |
|
|
3.87 |
|
4.00 |
|
29¢ |
|
If the price exceeds four dollars, the tax is twenty-nine
cents on each four dollars. If the price exceeds four dollars or
a multiple thereof by not more than thirteen cents, the amount of
tax is twenty-nine cents for each four dollars plus one cent. If
the price exceeds four dollars or a multiple thereof by more than
thirteen cents but by not more than twenty-seven cents, the
amount of tax is twenty-nine cents for each four dollars plus two
cents. If the price exceeds four dollars or a multiple thereof
by more than twenty-seven cents, the amount of tax is twenty-nine
cents for each four dollars plus the amount of tax for prices
twenty-eight cents through three dollars and ninety-nine cents in
accordance with the schedule above.
(10) When the combined rate of local tax is two and
one-half per cent:
|
If the price |
|
But not |
|
The amount |
|
|
is at least |
|
more than |
|
of the tax is |
|
|
$ .01 |
|
$ .15 |
|
No tax |
|
|
.16 |
|
.26 |
|
2¢ |
|
|
.27 |
|
.40 |
|
3¢ |
|
|
.41 |
|
.53 |
|
4¢ |
|
|
.54 |
|
.65 |
|
5¢ |
|
|
.66 |
|
.80 |
|
6¢ |
|
|
.81 |
|
.93 |
|
7¢ |
|
|
.94 |
|
1.06 |
|
8¢ |
|
|
1.07 |
|
1.20 |
|
9¢ |
|
|
1.21 |
|
1.33 |
|
10¢ |
|
|
1.34 |
|
1.46 |
|
11¢ |
|
|
1.47 |
|
1.60 |
|
12¢ |
|
|
1.61 |
|
1.73 |
|
13¢ |
|
|
1.74 |
|
1.86 |
|
14¢ |
|
|
1.87 |
|
2.00 |
|
15¢ |
|
If the price exceeds two dollars, the tax is fifteen cents
on each two dollars. If the price exceeds two dollars or a
multiple thereof by not more than fifteen cents, the amount of
tax is fifteen cents for each two dollars plus one cent. If the
price exceeds two dollars or a multiple thereof by more than
fifteen cents, the amount of tax is fifteen cents for each two
dollars plus the amount of tax for prices sixteen cents through
one dollar and ninety-nine cents in accordance with the schedule
above.
(11) When the combined rate of local tax is two and
three-fourths per cent:
|
If the price |
|
But not |
|
The amount |
|
|
is at least |
|
more than |
|
of the tax is |
|
|
$ .01 |
|
$ .15 |
|
No tax |
|
|
.16 |
|
.25 |
|
2¢ |
|
|
.26 |
|
.38 |
|
3¢ |
|
|
.39 |
|
.51 |
|
4¢ |
|
|
.52 |
|
.64 |
|
5¢ |
|
|
.65 |
|
.77 |
|
6¢ |
|
|
.78 |
|
.90 |
|
7¢ |
|
|
.91 |
|
1.03 |
|
8¢ |
|
|
1.04 |
|
1.16 |
|
9¢ |
|
|
1.17 |
|
1.29 |
|
10¢ |
|
|
1.30 |
|
1.41 |
|
11¢ |
|
|
1.42 |
|
1.54 |
|
12¢ |
|
|
1.55 |
|
1.67 |
|
13¢ |
|
|
1.68 |
|
1.80 |
|
14¢ |
|
|
1.81 |
|
1.93 |
|
15¢ |
|
|
1.94 |
|
2.06 |
|
16¢ |
|
|
2.07 |
|
2.19 |
|
17¢ |
|
|
2.20 |
|
2.32 |
|
18¢ |
|
|
2.33 |
|
2.45 |
|
19¢ |
|
|
2.46 |
|
2.58 |
|
20¢ |
|
|
2.59 |
|
2.70 |
|
21¢ |
|
|
2.71 |
|
2.83 |
|
22¢ |
|
|
2.84 |
|
2.96 |
|
23¢ |
|
|
2.97 |
|
3.09 |
|
24¢ |
|
|
3.10 |
|
3.22 |
|
25¢ |
|
|
3.23 |
|
3.35 |
|
26¢ |
|
|
3.36 |
|
3.48 |
|
27¢ |
|
|
3.49 |
|
3.61 |
|
28¢ |
|
|
3.62 |
|
3.74 |
|
29¢ |
|
|
3.75 |
|
3.87 |
|
30¢ |
|
|
3.88 |
|
4.00 |
|
31¢ |
|
If the price exceeds four dollars, the tax is thirty-one
cents on each four dollars. If the price exceeds four dollars or
a multiple thereof by not more than twelve cents, the amount of
tax is thirty-one cents for each four dollars plus one cent. If
the price exceeds four dollars or a multiple thereof by more than
twelve cents but not more than twenty-five cents, the amount of
tax is thirty-one cents for each four dollars plus two cents. If
the price exceeds four dollars or a multiple thereof by more than
twenty-five cents, the amount of tax is thirty-one cents for each
four dollars plus the amount of tax for prices twenty-six cents
through three dollars and ninety-nine cents in accordance with
the schedule above.
(12) When the combined rate of local tax is three per
cent:
|
If the price |
|
But not |
|
The amount |
|
|
is at least |
|
more than |
|
of the tax is |
|
|
$ .01 |
|
$ .15 |
|
No tax |
|
|
.16 |
|
.25 |
|
2¢ |
|
|
.26 |
|
.37 |
|
3¢ |
|
|
.38 |
|
.50 |
|
4¢ |
|
|
.51 |
|
.62 |
|
5¢ |
|
|
.63 |
|
.75 |
|
6¢ |
|
|
.76 |
|
.87 |
|
7¢ |
|
|
.88 |
|
1.00 |
|
8¢ |
|
If the price exceeds one dollar, the tax is eight cents on
each one dollar. If the price exceeds one dollar or a multiple
thereof by not more than twelve cents, the amount of tax is eight
cents for each one dollar plus one cent. If the price exceeds
one dollar or a multiple thereof by more than twelve cents but
not more than twenty-five cents, the amount of tax is eight cents
for each one dollar plus two cents. If the price exceeds one
dollar or a multiple thereof by more than twenty-five cents, the
amount of tax is eight cents for each one dollar plus the amount
of tax for prices twenty-six cents through ninety-nine cents in
accordance with the schedule above.
(C)(D) In lieu of collecting the tax pursuant to the
schedules set forth in divisions (A) and, (B), and (C) of this section, a
vendor may compute the tax on each sale as follows:
(1) On sales of fifteen cents or less, no tax shall apply.
(2) On sales in excess of fifteen cents, multiply the
price by the aggregate rate of taxes in effect under sections
5739.01 5739.02 and 5741.02 and sections 5739.021, 5739.023, 5739.026,
5741.021, 5741.022, and 5741.023 of the Revised Code. The
computation shall be carried out to six decimal places. If the
result is a fractional amount of a cent, the calculated tax shall
be increased to the next highest cent and that amount shall be
collected by the vendor.
(D)(E) On and after January 1, 2006, a vendor shall compute the tax on each sale by multiplying the price by the aggregate rate of taxes in effect under sections 5739.02 and 5741.02, and sections 5739.021, 5739.023, 5739.026, 5741.021, 5741.022, and 5741.023 of the Revised Code. The computation shall be carried out to three decimal places. If the result is a fractional amount of a cent, the calculated tax shall be rounded to a whole cent using a method that rounds up to the next cent whenever the third decimal place is greater than four. A vendor may elect to compute the tax due on a transaction on an item or an invoice basis.
(F) In auditing a vendor, the tax commissioner shall
consider the method prescribed by this section that was used by
the vendor in determining and collecting the tax due under this
chapter on taxable transactions. If the vendor correctly
collects and remits the tax due under this chapter in accordance
with the schedules in divisions (A) and, (B), and (C) of this section or in
accordance with the computation prescribed in division (C)(D) or (E) of
this section, the commissioner shall not assess any additional
tax on those transactions.
(G)(1) With respect to a sale of a fractional ownership program aircraft used primarily in a fractional aircraft ownership program, including all accessories attached to such aircraft, the tax shall be calculated pursuant to divisions (A) to (E) of this section, provided that the tax commissioner shall modify those calculations so that the maximum tax on each program aircraft is eight hundred dollars. In the case of a sale of a fractional interest that is less than one hundred per cent of the program aircraft, the tax charged on the transaction shall be eight hundred dollars multiplied by a fraction, the numerator of which is the percentage of ownership or possession in the aircraft being purchased in the transaction, and the denominator of which is one hundred per cent.
(2) Notwithstanding any other provision of law to the contrary, the tax calculated under division (G)(1) of this section and paid with respect to the sale of a fractional ownership program aircraft used primarily in a fractional aircraft ownership program shall be credited to the general revenue fund.
Sec. 5739.026. (A) A board of county commissioners may
levy
a tax of one-fourth or one-half of one per cent on every
retail
sale in the county, except sales of watercraft and
outboard motors
required to be titled pursuant to Chapter 1548.
of the Revised
Code and sales of motor vehicles, and may increase an existing
rate of one-fourth of one per cent to one-half of one
per cent, to
pay the expenses of administering the tax and,
except as provided
in division (A)(6) of this section, for any
one or more of the
following purposes provided that the aggregate levy for all such
purposes does not exceed one-half of one per cent:
(1) To provide additional revenues for the payment of
bonds
or notes issued in anticipation of bonds issued by a
convention
facilities authority established by the board of
county
commissioners under Chapter 351. of the Revised Code and
to
provide additional operating revenues for the convention
facilities authority;
(2) To provide additional revenues for a transit authority
operating in the county;
(3) To provide additional revenue for the county's general
fund;
(4) To provide additional revenue for permanent
improvements
within the county to be distributed by the community
improvements
board in accordance with section 307.283 and to pay
principal,
interest, and premium on bonds issued under section
307.284 of the
Revised Code;
(5) To provide additional revenue for the acquisition,
construction, equipping, or repair of any specific permanent
improvement or any class or group of permanent improvements,
which
improvement or class or group of improvements shall be
enumerated
in the resolution required by division (D) of this
section, and to
pay principal, interest, premium, and other costs
associated with
the issuance of bonds or notes in anticipation of
bonds issued
pursuant to Chapter 133. of the Revised Code for the
acquisition,
construction, equipping, or repair of the specific
permanent
improvement or class or group of permanent
improvements;
(6) To provide revenue for the implementation and
operation
of a 9-1-1 system in the county. If the tax is levied
or the rate
increased exclusively for such purpose, the tax shall
not be
levied or the rate increased for more than five years. At
the end
of the last year the tax is levied or the rate increased,
any
balance remaining in the special fund established for such
purpose
shall remain in that fund and be used exclusively for
such purpose
until the fund is completely expended, and,
notwithstanding
section 5705.16 of the Revised Code, the board of
county
commissioners shall not petition for the transfer of money
from
such special fund, and the tax commissioner shall not
approve such
a petition.
If the tax is levied or the rate increased for such purpose
for more than five years, the board of county commissioners also
shall levy the tax or increase the rate of the tax for one or
more
of the purposes described in divisions (A)(1) to (5) of this
section and shall prescribe the method for allocating the
revenues
from the tax each year in the manner required by
division (C) of
this section.
(7) To provide additional revenue for the operation or
maintenance of a detention facility, as that term is defined
under
division (F) of section 2921.01 of the Revised Code;
(8) To provide revenue to finance
the construction or
renovation of a sports facility, but only if the tax is levied for
that
purpose in the manner prescribed by section 5739.028 of the
Revised Code.
As used in division (A)(8) of this section:
(a) "Sports facility" means a
facility intended to house
major league professional
athletic teams.
(b) "Constructing" or "construction"
includes providing
fixtures, furnishings, and equipment.
(9) To provide additional revenue for the
acquisition of
agricultural easements, as defined
in section 5301.67 of the
Revised Code; to pay principal,
interest, and premium on bonds
issued under section 133.60 of
the Revised Code; and for the
supervision
and enforcement of agricultural easements held by
the
county.
Pursuant to section 755.171 of the Revised Code, a board of
county
commissioners may pledge and contribute revenue from a tax
levied for the
purpose of division (A)(5) of this section to
the
payment of debt charges on bonds issued under section 755.17 of
the
Revised Code.
The rate of tax shall be a multiple of one-fourth of one
per
cent, unless a portion of the rate of an existing tax levied
under
section 5739.023 of the Revised Code has been reduced, and
the
rate of tax levied under this section has been increased,
pursuant
to section 5739.028 of the Revised
Code, in which case the
aggregate of the rates of tax levied
under this section and
section 5739.023 of the Revised Code shall be a
multiple of
one-fourth of one per cent. The tax shall be levied and the rate
increased pursuant to
a resolution adopted by a majority of the
members of the board. The board shall deliver a certified copy of the resolution to the tax commissioner, not later than the sixty-fifth day prior to the date on which the tax is to become effective, which shall be the first day of a calendar quarter.
Prior to the adoption of any resolution to levy the tax or
to
increase the rate of tax exclusively for the purpose set forth
in
division (A)(3) of this section, the board of county
commissioners
shall conduct two public hearings on the
resolution, the second
hearing to be no fewer than three nor more
than ten days after the
first. Notice of the date, time, and
place of the hearings shall
be given by publication in a
newspaper of general circulation in
the county once a week on the
same day of the week for two
consecutive weeks, the second
publication being no fewer than ten
nor more than thirty days
prior to the first hearing.
Except
as
provided in division (E) of this section, the resolution shall
become
effective on
the first day of
a
calendar quarter
following the expiration of sixty days from the
date of its
adoption, be subject to a referendum as provided in
sections 305.31
to 305.41 of the Revised Code. If the
resolution is adopted
as an
emergency measure necessary for the
immediate preservation
of the
public peace, health, or safety,
it
must receive an affirmative
vote of all of
the members of the board of county commissioners
and shall state
the reasons for the necessity.
If the tax is
for more than one of the purposes set forth
in
divisions (A)(1) to (7) and (9) of
this section or is
exclusively
for one of the
purposes set forth in division (A)(1), (2), (4),
(5), (6),
(7), or (9) of this
section, the resolution shall not go
into
effect unless
it is approved by a majority of the electors
voting on the
question of the tax.
(B) The board of county commissioners shall adopt a
resolution under section 351.02 of the Revised Code creating the
convention facilities authority, or under section 307.283 of the
Revised Code creating the community improvements board, before
adopting a resolution levying a tax for the purpose of a
convention facilities authority under division (A)(1) of this
section or for the purpose of a community improvements board
under
division (A)(4) of this section.
(C)(1) If the tax is to be used for more than one of the
purposes set forth in divisions (A)(1) to (7) and (9) of this
section,
the board of county commissioners shall establish the
method that
will be used to determine the amount or proportion of
the tax
revenue received by the county during each year that will
be
distributed for each of those purposes, including, if
applicable,
provisions governing the reallocation of a convention
facilities
authority's allocation if the authority is dissolved
while the
tax is in effect. The allocation method may provide
that
different proportions or amounts of the tax shall be
distributed
among the purposes in different years, but it shall
clearly
describe the method that will be used for each year.
Except as
otherwise provided in division (C)(2) of this section,
the allocation method
established by the board is not subject to
amendment during the life of the tax.
(2) Subsequent to holding a public hearing on the proposed
amendment, the board of county commissioners may amend the
allocation method established under division (C)(1) of this
section for any year, if the amendment is approved by the
governing board of each entity whose allocation for the year
would
be reduced by the proposed amendment. In the case of a tax
that
is levied for a continuing period of time, the board may not
so
amend the allocation method for any year before the sixth year
that the tax is in effect.
(a) If the additional revenues provided to the convention
facilities authority are pledged by the authority for the payment
of convention facilities authority revenue bonds for as long as
such bonds are outstanding, no reduction of the authority's
allocation of the tax shall be made for any year except to the
extent that the reduced authority allocation, when combined with
the authority's other revenues pledged for that purpose, is
sufficient to meet the debt service requirements for that year on
such bonds.
(b) If the additional revenues provided to the county are
pledged by the county for the payment of bonds or notes described
in
division
(A)(4) or (5) of this section, for as long as such
bonds
or notes are outstanding, no reduction of the county's or
the
community improvements board's allocation of the tax shall be
made for any year, except to the extent that the reduced county or
community improvements board allocation is sufficient to meet the
debt service requirements for that year on such bonds or notes.
(c) If the additional revenues provided to the transit
authority are pledged by the authority for the payment of revenue
bonds issued under section 306.37 of the Revised Code, for as
long
as such bonds are outstanding, no reduction of the
authority's
allocation of tax shall be made for any year, except
to the extent
that the authority's reduced allocation, when
combined with the
authority's other revenues pledged for that
purpose, is sufficient
to meet the debt service requirements for
that year on such bonds.
(d) If the additional revenues provided to the
county are
pledged by the county for the payment of bonds or
notes issued
under section 133.60 of the Revised
Code, for so long as the bonds
or notes are outstanding, no reduction of the county's
allocation
of the tax shall be made for any year, except to the
extent that
the reduced county allocation is sufficient to meet
the debt
service requirements for that year on the bonds or
notes.
(D)(1) The resolution levying the tax or increasing the
rate
of tax shall state the rate of the tax or the rate of the
increase; the purpose or purposes for which it is to be levied;
the number of years for which it is to be levied or that it is
for
a continuing period of time; the allocation method required
by
division (C) of this section; and if required to be submitted
to
the electors of the county under division (A) of this section,
the
date of the election at which the proposal shall be submitted
to
the electors of the county, which shall be not less than
seventy-five days after the certification of a copy of the
resolution to the board of elections and, if the tax is to be
levied
exclusively for the purpose set forth in division (A)(3) of
this
section, shall not occur in February or August of any
year.
Upon certification of the
resolution to the board of elections,
the board of county
commissioners shall notify the tax
commissioner in writing of the
levy question to be submitted to
the electors. If approved by a
majority of the electors, the tax
shall become effective on
the first day of
a
calendar
quarter
next following the
sixtieth sixty-fifth day
following the
certification of
the results of the
election to date the
board of
county commissioners
and the tax
commissioner by receive from the
board of
elections the certification of the results of the election, except as
provided in division (E) of this
section.
(2)(a) A resolution specifying that the tax is to be used
exclusively for the purpose set forth in division (A)(3) of this
section that is not adopted as an emergency measure may direct
the
board of elections to submit the question of levying the tax
or
increasing the rate of the tax to the electors of the county
at a
special election
held on the date specified by the board of
county
commissioners in the resolution, provided that the election occurs
not less than seventy-five days after the resolution is certified
to the board of elections and the election is not held in February
or August of any year. Upon certification of the resolution
to
the board of elections, the board of county commissioners
shall
notify the tax commissioner in writing of the levy question
to be
submitted to the electors. No resolution adopted under
division
(D)(2)(a) of this section shall go into effect unless
approved by
a majority of those voting upon it and, except as provided in
division (E) of this section, not until the
first day of
a
calendar quarter following the expiration
of
sixty-five days from the
date of the notice to the tax
commissioner by
receives notice from the board of
elections of the affirmative vote.
(b) A resolution specifying that the tax is to be used
exclusively for the purpose set forth in division (A)(3) of this
section that is adopted as an emergency measure shall become
effective as provided in division (A) of this section, but may
direct the board of elections to submit the question of repealing
the tax or increase in the rate of the tax to the electors of the
county at the next general election in the county occurring not
less than seventy-five days after the resolution is certified to
the board of elections. Upon certification of the resolution to
the board of elections, the board of county commissioners shall
notify the tax commissioner in writing of the levy question to be
submitted to the electors. The ballot question shall be the same
as that prescribed in section 5739.022 of the Revised Code. The
board of elections shall notify the board of county commissioners
and the tax commissioner of the result of the election
immediately
after the result has been declared. If a majority of
the
qualified electors voting on the question of repealing the
tax or
increase in the rate of the tax vote for repeal of the tax
or
repeal of the increase, the board of county commissioners, on
the
first day of
a calendar quarter following the expiration
of
sixty-five days after the date it the board and tax commissioner received notice of the
result of the
election, shall, in the case of a repeal of the tax,
cease to
levy
the tax, or, in the case of a repeal of an increase
in the
rate of
the tax, cease to levy the increased rate and levy
the
tax at the
rate at which it was imposed immediately prior to
the
increase in
rate.
(c) A board of county commissioners, by resolution, may
reduce the rate of a tax levied exclusively for the purpose set
forth in division (A)(3) of this section to a lower rate
authorized by this section. Any such reduction shall be made
effective on the first day of the calendar quarter specified in
the resolution, but not sooner than the first day of the month
next following the sixtieth sixty-fifth day after the resolution is certified
to the tax commissioner receives a certified copy of the resolution from the board.
(E)
If a vendor that is registered with the central
electronic registration system provided for in section 5740.05 of
the Revised Code makes a sale in this state by printed catalog
and the consumer computed the tax on the sale based on local rates
published in the catalog,
any tax levied or repealed or rate changed under
this section shall not apply
to such a sale until the first day of
a calendar quarter
following the expiration of one hundred
twenty
days from the date
of notice by the tax commissioner to the
vendor, or to the
vendor's certified service provider, if the
vendor has selected
one pursuant to division (G) of this section.
(F) The tax levied pursuant to this section shall be in
addition to the tax levied by section 5739.02 of the Revised Code
and any tax levied pursuant to section 5739.021 or 5739.023 of
the
Revised Code.
A county that levies a tax pursuant to this section shall
levy a tax at the same rate pursuant to section 5741.023 of the
Revised Code.
The additional tax levied by the county shall be collected
pursuant to section 5739.025 of the Revised Code.
Any tax levied pursuant to this section is subject to the
exemptions provided in section 5739.02 of the Revised Code and in
addition shall not be applicable to sales not within the taxing
power of a county under the Constitution
of the United States or
the Ohio
Constitution.
(G) Upon receipt from a board of county commissioners of a certified copy of a resolution required by division (A) of this section, or from the board of elections a notice of the results of an election required by division (D)(1), (2)(a), (b), or (c) of this section, the tax commissioner shall provide notice of a tax rate change in a manner that is reasonably accessible to all affected vendors. The commissioner shall provide this notice at least sixty days prior to the effective date of the rate change. The commissioner, by rule, may establish the method by which notice will be provided.
Sec. 5739.03. Except as provided in section 5739.05 of the
Revised Code, the tax imposed by or pursuant to section 5739.02,
5739.021, 5739.023, or 5739.026 of the Revised Code shall be paid
by the consumer to the vendor, and each vendor shall collect from
the consumer, as a trustee for the state of Ohio, the full and
exact amount of the tax payable on each taxable sale, in the
manner and at the times provided as follows:
(A) If the price is, at or prior to the provision of the
service or the delivery of possession of the thing sold to the
consumer, paid in currency passed from hand to hand by the
consumer or the consumer's agent to the vendor or
the vendor's
agent, the vendor or
the vendor's agent shall collect the tax with
and at the
same time as the
price;
(B) If the price is otherwise paid or to be paid, the
vendor
or the vendor's agent shall, at or prior to the
provision of the
service or the delivery of possession of the thing sold to the
consumer, charge the tax imposed by or pursuant to section
5739.02, 5739.021, 5739.023, or 5739.026 of the Revised Code to
the account of the consumer, which amount shall be collected by
the vendor from the consumer in addition to the price. Such sale
shall be reported on and the amount of the tax applicable thereto
shall be remitted with the return for the period in which the
sale
is made, and the amount of the tax shall become a legal
charge in
favor of the vendor and against the consumer.
If any sale is claimed to be exempt under division (E) of
section 5739.01 of the Revised Code or under section 5739.02 of
the Revised Code, with the exception of divisions (B)(1) to (11)
or (28) of section 5739.02 of the Revised Code, the
consumer must
furnish to the vendor, and the vendor must obtain from the
consumer, a certificate specifying the reason that the sale is
not
legally subject to the tax. If the transaction is claimed to
be
exempt under division (B)(13) of section 5739.02 of the
Revised
Code, the exemption certificate shall be signed by both
the
contractor and the contractee and such contractee shall
be
deemed
to be the consumer of all items purchased under such claim
of
exemption in the event it is subsequently determined that the
exemption is not properly claimed. The certificate shall be in
such form as the tax commissioner by regulation prescribes. If
no
certificate is furnished or obtained within the period for
filing
the return for the period in which such sale is
consummated, it
shall be presumed that the tax applies. The
Failure to have so
furnished, or to have so obtained, a
certificate shall not prevent
a vendor or consumer from
establishing that the sale is not
subjuct
subject to the tax within
sixty one hundred twenty
days of
the
giving of notice by the commissioner of intention to
levy an
assassment
assessment, in which event the tax shall not apply.
Certificates need not be obtained nor furnished where the
identity of the consumer is such that the transaction is never
subject to the tax imposed or where the item of tangible personal
property sold or the service provided is never subject to the tax
imposed, regardless of use, or when the sale is in interstate
commerce.
(C) As used in this division,
"contractee" means a person
who seeks to enter or enters into a contract or agreement with a
contractor or vendor for the construction of real property or for
the sale and installation onto real property of tangible personal
property.
Any contractor or vendor may request from any contractee a
certification of what portion of the property to be transferred
under such contract or agreement is to be incorporated into the
realty and what portion will retain its status as tangible
personal property after installation is completed. The
contractor
or vendor shall request the certification by certified
mail
delivered to the contractee, return receipt requested. Upon
receipt of such request and prior to entering into the contract
or
agreement, the contractee shall furnish to the contractor or
vendor a certification sufficiently detailed to enable the
contractor or vendor to ascertain the resulting classification of
all materials purchased or fabricated by the contractor or vendor
and transferred to the contractee. This requirement applies to a
contractee regardless of whether the contractee holds a direct
payment permit under section 5739.031 of the Revised Code or
furnishes to the contractor or vendor an exemption certificate as
provided under this section.
For the purposes of the taxes levied by this chapter and
Chapter 5741. of the Revised Code, the contractor or vendor may
in
good faith rely on the contractee's certification.
Notwithstanding
division (B) of section 5739.01 of the Revised
Code, if the tax
commissioner determines that certain property
certified by the
contractee as tangible personal property
pursuant to this division
is, in fact, real property, the
contractee shall be considered to
be the consumer of all
materials so incorporated into that real
property and shall be
liable for the applicable tax, and the
contractor or vendor shall
be excused from any liability on those
materials.
If a contractee fails to provide such certification upon
the
request of the contractor or vendor, the contractor or vendor
shall comply with the provisions of this chapter and Chapter
5741.
of the Revised Code without the certification. If the tax
commissioner determines that such compliance has been performed
in
good faith and that certain property treated as tangible
personal
property by the contractor or vendor is, in fact, real
property,
the contractee shall be considered to be the consumer
of all
materials so incorporated into that real property and
shall be
liable for the applicable tax and the construction
contractor or
vendor shall be excused from any liability on those
materials.
This division does not apply to any contract or agreement
where the tax commissioner determines as a fact that a
certification under this division was made solely on the decision
or advice of the contractor or vendor.
(D) Notwithstanding division (B) of section 5739.01 of the
Revised Code, whenever the total rate of tax imposed under this
chapter is increased after the date after a construction contract
is entered into, the contractee shall reimburse the construction
contractor for any additional tax paid on tangible property
consumed or services received pursuant to the contract.
(E) A vendor who files a petition for reassessment
contesting the assessment of tax on sales for which the
vendor
obtained no valid exemption certificates and for which the
vendor
failed to establish that the sales were properly not
subject to
the tax during the one-hundred-twenty-day
period allowed under
division (B) of this section, may present to the tax commissioner
additional evidence to prove that the sales were properly subject
to a claim of exception or exemption. The vendor shall file such
evidence within ninety days of the receipt by the vendor of the
notice of assessment, except that, upon application and for
reasonable cause, the period for submitting such evidence shall
be
extended thirty days.
The commissioner shall consider such additional evidence in
reaching the final determination on the assessment and petition
for reassessment.
(F) Whenever a vendor refunds to the consumer the full
price
of an item of tangible personal property on which the tax
imposed
under this chapter has been paid, the vendor shall
also refund
the
full amount of the tax paid.
Sec. 5739.032. (A) If the total amount of tax required to
be paid by a permit holder under section 5739.031 of the Revised
Code for any calendar year indicated in the following schedule
equals or exceeds the amounts prescribed for that year in the
schedule seventy-five thousand dollars, the permit holder shall remit each monthly tax payment
in the second ensuing and each succeeding year by electronic
funds
transfer as prescribed by division (B) of this section.
Year |
|
1992 |
|
1993 through 1999 |
2000 and thereafter |
Tax payment |
|
$1,200,000 |
|
$600,000 |
$60,000 |
If a permit holder's tax payment for each of two
consecutive
years beginning with 2000 is less than sixty
seventy-five thousand dollars, the
permit holder is relieved of the
requirement to remit taxes by
electronic funds transfer for the
year that next follows the
second of the consecutive years in
which the tax payment is less
than sixty thousand
dollars that amount,
and is relieved of that requirement
for each succeeding year,
unless the tax payment in a subsequent
year equals or exceeds sixty
seventy-five thousand dollars.
The tax commissioner shall notify each permit holder
required
to remit taxes by electronic funds transfer of the
permit holder's
obligation to do so, shall maintain an updated
list of those
permit holders, and shall timely certify the list
and any
additions thereto or deletions therefrom to the treasurer
of
state. Failure by the tax commissioner to notify a permit
holder
subject to this section to remit taxes by electronic funds
transfer does not relieve the permit holder of its obligation to
remit taxes by electronic funds transfer.
(B) Permit holders required by division (A) of this
section
to remit payments by electronic funds transfer shall
remit such
payments to the treasurer of state in the manner
prescribed by this section and
rules adopted by the treasurer of state under section
113.061 of the
Revised Code, and on or before the following dates:
(1) On or before each of the eleventh, eighteenth, fifteenth and twenty-fifth days of each month, a permit holder shall remit an amount equal to one-fourth thirty-seven and one-half per cent of the permit holder's total tax liability for the same month in the preceding calendar year.
(2) On or before the twenty-third day of each month, a permit holder shall report the taxes due for the previous month and shall remit that amount, less any amounts paid for that month as required by division (B)(1) of this section.
The payment of taxes
by electronic
funds transfer does not affect a permit holder's
obligation to
file the monthly return as required under section
5739.031 of the
Revised Code.
(C) A permit holder required by this section to remit taxes by
electronic funds transfer may apply to the treasurer of state in
the manner prescribed by the treasurer of state to be excused from that
requirement. The treasurer of state may excuse the permit holder
from remittance by electronic funds transfer for good cause shown
for the period of time requested by the permit holder or for a
portion of that period. The treasurer of state shall notify the tax
commissioner and the permit holder of the treasurer of state's decision as
soon as is practicable.
(D)(1) If a permit holder that is required to remit payments under division (B) of this section fails to make a payment, the commissioner may impose an additional charge not to exceed five per cent of that unpaid amount.
(2) If a permit holder required by this section to remit
taxes by electronic funds transfer remits those taxes by some
means other than by electronic funds transfer as prescribed by
this section and the rules adopted by the treasurer of state, and
the
tax commissioner determines that such failure was
not due to
reasonable cause or was due to willful neglect, the
commissioner
may impose an additional
charge not to exceed the lesser of five per
cent of the amount of
the taxes
required to be paid by electronic
funds transfer or five thousand dollars.
(3) Any
additional charge
imposed
under division (D)(1) or (2) of this section is in addition to
any other penalty
or charge
imposed under this chapter, and shall
be considered as
revenue
arising from taxes imposed under this
chapter. An additional charge may be collected by assessment in the manner prescribed by section 5739.13 of the Revised Code. The tax
commissioner may waive all or a portion of such
a charge and may
adopt rules governing such waiver.
No additional charge shall be imposed under division (D)(2) of this section
against a permit holder that has been notified of its obligation
to remit taxes under this section and that remits its first two
tax payments after such notification by some means other than
electronic funds transfer. The additional charge may be imposed
upon the remittance of any subsequent tax payment that the permit
holder remits by some means other than electronic funds transfer.
Sec. 5739.033. The amount of tax due pursuant to sections
5739.02, 5739.021, 5739.023, and 5739.026 of the Revised Code is
the sum of the taxes imposed pursuant to those sections at the
situs
of the sale as determined under this
section
or, if
applicable, under division (C) of section 5739.031
of the Revised
Code.
(A) Except as otherwise provided in this section,
division
(C) of section 5739.031, and section 5739.034 of the
Revised Code,
the situs of
all sales
is the
vendor's
place of business.
(1) If the consumer or the consumer's agent takes possession
of the
tangible personal property at a place of business of the
vendor
where the purchase contract or agreement was made,
the
situs of the sale
is
that place of business.
(2) If the consumer or the consumer's agent takes possession
of the
tangible personal property other than at a place of
business of
the vendor, or takes possession at a warehouse or
similar
facility of the vendor,
the situs of the sale is
the
vendor's
place of business where the purchase
contract or
agreement was
made or the purchase order was received.
(3) If the vendor provides a service specified in division
(B)(3)(a), (b), (c), (d), (n), or
(o), (r), (s), or (t) of section 5739.01 or makes a sale specified in division (B)(8) of section 5739.01 of the
Revised
Code,
the situs of the sale is
the vendor's
place of
business
where the service is performed or the contract
or
agreement for
the service was made or the purchase order was
received.
(B) If the vendor is a transient vendor as specified in
division (B) of section 5739.17 of the Revised Code,
the situs of
the sale is
the
vendor's
temporary place of business or, if the
transient vendor
is the
lessor of titled motor vehicles, titled
watercraft, or
titled
outboard motors, at the location where the
lessee keeps the
leased
property.
(C) If the vendor makes sales of tangible personal
property
from a stock of goods carried in a motor vehicle, from
which the
purchaser makes selection and takes possession, or from
which the
vendor sells tangible personal property the quantity of
which has
not been determined prior to the time the purchaser
takes
possession,
the situs of the sale is
the location of the motor
vehicle when the sale is
made.
(D) If the vendor is a delivery vendor as specified in
division (D) of section 5739.17 of the Revised Code,
the situs of
the sale is
the place
where the
tangible personal property is
delivered, where the
leased
property
is used, or where the service
is performed or
received.
(E) If the vendor provides a service specified in division
(B)(3)(e), (g), (h), (j), (k), (l), or
(m), (q), or (u) of section 5739.01 of
the Revised Code,
the situs of the sale is
the
location of the
consumer where the
service is
performed or
received.
(F) Except as provided in division (I)
or (J)
of this
section:
(1) If the vendor provides a service specified in division
(B)(3)(f) or
(i) of section 5739.01 of the Revised Code,
the situs
of the sale
is
the
location of
the
telephone number or account as
reflected in the
records of
the
vendor.
(2) In the case of a telecommunications service,
if the
telephone number or account is located outside this state,
the
situs of the
sale is
the location
in this state from which the
service originated.
(G) If the vendor provides lodging to transient guests as
specified in division (B)(2) of section 5739.01 of the Revised
Code,
the situs of the sale is
the
location where the lodging is
located.
(H)(G) If the vendor sells a warranty, maintenance or service
contract, or similar agreement as specified in division (B)(7) of
section 5739.01 of the Revised Code and the vendor is a delivery
vendor,
the situs of the sale is
the location of the consumer.
If
the vendor is not
a delivery
vendor,
the situs of the sale is
the
vendor's place of business
where the contract or agreement
was
made, unless the warranty or
contract is a component of the
sale
of a titled motor vehicle,
titled watercraft, or titled
outboard
motor, in which case
the
situs of the sale is
the county of
titling.
(I) Except as otherwise provided in this division, if the
vendor
sells a prepaid authorization number or a prepaid telephone
calling card,
the situs of the
sale is
the vendor's place of
business
and shall be
taxed
at the time of sale. If the vendor
sells
a prepaid
authorization
number or prepaid telephone calling
card
through a
telephone call,
electronic commerce, or any other
form
of remote
commerce,
the situs of the
sale is
the consumer's
shipping address, or, if there is no item
shipped, at the
consumer's billing address.
Sec. 5739.034. (A) As used in this section:
(1) "Air-to-ground radiotelephone service" means a radio service, as defined in 47 C.F.R. 22.99, in which common carriers are authorized to offer and provide radio telecommunications service for hire to subscribers in aircraft.
(2) "Call-by-call basis" means any method of charging for telecommunications services where the price is measured by individual calls.
(3) "Customer" means the person or entity that contracts with a seller of telecommunications service. If the end user of telecommunications service is not the contracting party, the end user of the telecommunications service is the customer of the telecommunications service. "Customer" does not include a reseller of telecommunications service or of mobile telecommunications service of a serving carrier under an agreement to serve the customer outside the home service provider's licensed service area.
(4) "End user" means the person who utilizes the telecommunications service. In the case of a person other than an individual, "end user" means the individual who utilizes the service on behalf of the person.
(5) "Home service provider" has the same meaning as in the "Mobile Telecommunications Sourcing Act," Pub. L. No. 106-252, 114 Stat. 631 (2000), 4 U.S.C. 124(5), as amended.
(6) "Place of primary use" means the street address representative of where the customer's use of the telecommunications service primarily occurs, which must be the residential street address or the primary business street address of the customer. In the case of mobile telecommunications services, "place of primary use" must be within the licensed service area of the home service provider.
(7) "Post-paid calling service" means the telecommunications service obtained by making a payment on a call-by-call basis either through the use of a credit card or payment mechanism such as a bank card, travel card, credit card, or debit card, or by charge made to a telephone number that is not associated with the origination or termination of the telecommunications service. "Post-paid calling service" includes a telecommunications service that would be a prepaid calling service, but for the fact that it is not exclusively a telecommunications service.
(8) "Prepaid calling service" means the right to access exclusively a telecommunications service that must be paid for in advance, that enables the origination of calls using an access number or authorization code, whether manually or electronically dialed, and that is sold in predetermined units or dollars of which the number declines with use in a known amount.
(9) "Service address" means:
(a) The location of the telecommunications equipment to which a customer's call is charged and from which the call originates or terminates, regardless of where the call is billed or paid.
(b) If the location in division (A)(9)(a) of this section is not known, "service address" means the origination point of the signal of the telecommunications service first identified by either the seller's telecommunications system or in information received by the seller from its service provider, where the system used to transport such signals is not that of the seller.
(c) If the locations in divisions (A)(9)(a) and (b) of this section are not known, "service address" means the location of the customer's place of primary use.
(B) The amount of tax due pursuant to sections 5739.02, 5739.021, 5739.023, and 5739.026 of the Revised Code on sales of telecommunications service, information service, or mobile telecommunications service, is the sum of the taxes imposed pursuant to those sections at the sourcing location of the sale as determined under this section.
(C) Except for the telecommunications services described in division (E) of this section, the sale of telecommunications service sold on a call-by-call basis shall be sourced to each level of taxing jurisdiction where the call originates and terminates in that jurisdiction, or each level of taxing jurisdiction where the call either originates or terminates and in which the service address also is located.
(D) Except for the telecommunications services described in division (E) of this section, a sale of telecommunications services sold on a basis other than a call-by-call basis shall be sourced to the customer's place of primary use.
(E) The sale of the following telecommunications services shall be sourced to each level of taxing jurisdiction, as follows:
(1) A sale of mobile telecommunications service, other than air-to-ground radiotelephone service and prepaid calling service, shall be sourced to the customer's place of primary use as required by the Mobile Telecommunications Sourcing Act.
(2) A sale of post-paid calling service shall be sourced to the origination point of the telecommunications signal as first identified by the service provider's telecommunications system, or information received by the seller from its service provider, where the system used to transport such signals is not that of the seller.
(3) A sale of prepaid calling service shall be sourced under section 5739.033 of the Revised Code; but in the case of a sale of mobile telecommunications service that is a prepaid telecommunications service, in lieu of sourcing the service under division (A)(5) of section 5739.033 of the Revised Code, the service may be sourced to the location associated with the mobile telephone number.
Sec. 5739.10. (A) In addition to the tax levied in
by section 5739.02 of the Revised Code and any tax levied pursuant
to section 5739.021, 5739.023, or 5739.026 of the Revised Code,
and to secure the same objectives specified in said those sections,
there is hereby levied upon the privilege of engaging in the
business of making retail sales, an excise tax of five per cent,
or, in the case of retail sales subject to a tax levied pursuant
to section 5739.021, 5739.023, or 5739.026 of the Revised Code, a
percentage equal to the aggregate rate of such taxes and the tax
levied by section 5739.02 of the Revised Code of the receipts
derived from all retail sales, except retail sales under sixteen
cents and those to which the excise tax imposed by section
5739.02 of the Revised Code is made inapplicable by division (B)
of said that section.
(B) For the purpose of this section, no vendor shall be
required to maintain records of individual retail sales of
tangible personal property under sixteen cents or sales of food
for human consumption off the premises where sold, and no
assessment shall be made against any vendor for retail sales of
less than sixteen cents or for sales of food for human
consumption off the premises where sold, solely because the
vendor has no records of, or has inadequate records of, retail
sales of less than sixteen cents or such sales of food for human
consumption off the premises where sold; provided that where a
vendor does not have adequate records of receipts from his retail sales in excess of fifteen cents or the vendor's sales of food for
human consumption on the premises where sold, the tax commissioner may
refuse to accept the vendor's return and, upon the basis of test
checks of the vendor's business for a representative period, and
other information relating to the sales made by such vendor,
determine the proportion that taxable retail sales bear to all
his of the vendor's retail sales. The tax imposed by this
section shall be determined by deducting from the sum representing five per
cent,
or, in the case of retail sales subject to a tax levied pursuant
to section 5739.021, 5739.023, or 5739.026 of the Revised Code, a
percentage equal to the aggregate rate of such taxes and the tax
levied by section 5739.02 of the Revised Code of the receipts
from such retail sales, the amount of tax paid to the state or to
a clerk of a court of common pleas. The section does not affect
any duty of the vendor under sections 5739.01 to 5739.19 and
5739.26 to 5739.31 of the Revised Code, nor the liability of any
consumer to pay any tax imposed by or pursuant to section
5739.02, 5739.021, 5739.023, or 5739.026 of the Revised Code.
Sec. 5739.12. (A)
Each person who has or is required to have a
vendor's
license, on or before the twenty-third day of each
month,
shall
make and file a return for the preceding month, on
forms
prescribed by the tax commissioner, and shall pay the tax
shown on
the return to be due. The commissioner may require a vendor that operates from multiple locations or has multiple vendor's licenses to report all tax liabilities on one consolidated return. The return shall show the amount
of tax due
from the vendor to the state for the period covered by
the return
and such other information as the commissioner deems
necessary for
the proper administration of this chapter. The
commissioner may
extend the time for making and filing returns
and paying the tax,
and may require that the return for the last
month of any annual
or semiannual period, as determined by the
commissioner, be a
reconciliation return detailing the vendor's
sales activity for
the preceding annual or semiannual period.
The reconciliation
return shall be filed by the last day of the
month following the
last month of the annual or semiannual
period. The commissioner
may remit all or any part of amounts or
penalties
that may
become
due under this chapter and may adopt
rules relating
thereto. Such
return shall be filed by mailing
it to the
tax
commissioner,
together with payment of the
amount of tax
shown to
be due thereon
after deduction of any
discount provided
for under
this section.
Remittance shall be made payable to the
treasurer of
state. The
return shall be
considered filed when
received by the
tax
commissioner, and the
payment shall be considered made when
received by the
tax commissioner or when credited to an account
designated
by the
treasurer of state
or the tax commissioner.
(B) If the return
is filed and the amount of tax
shown thereon to
be due is paid on
or before the date such return
is required to be
filed, the vendor
shall be entitled to a the following
discount of three-fourths:
(1) On and after July 1, 2003, and on and before June 30, 2005, one and one-tenth per cent of the amount shown to be due on the return;
(2) On and after July 1, 2005, three-fourths
of one per cent
of the amount shown to
be due on the return, but a.
A
vendor that has selected a certified service provider as its agent
shall not be entitled to the discount. Amounts paid to the
clerk
of courts
pursuant to section 4505.06 of the Revised Code
shall be
subject
to the three-fourths of one per cent applicable discount.
The
discount shall be in
consideration for prompt payment to the
clerk
of courts and for
other services performed by the vendor in
the
collection of the
tax.
(C)(1) Upon application to the commissioner, a vendor who is
required to file monthly returns may be relieved of the
requirement to report and pay the actual tax due, provided that
the vendor agrees to remit to the
tax
commissioner payment of
not
less than an amount determined by the
commissioner to be the
average monthly tax liability of the
vendor, based upon a review
of the returns or other information
pertaining to such vendor for
a period of not less than six months
nor more than two years
immediately preceding the filing of the
application. Vendors who
agree to the above conditions shall make
and file an annual or
semiannual reconciliation return, as
prescribed by the
commissioner. The reconciliation return shall
be filed by
mailing
or delivering
it to the
tax commissioner,
together with payment
of the amount of tax
shown to be due
thereon after deduction of
any discount provided
in this section.
Remittance shall be made
payable to the treasurer
of state.
Failure of a vendor to comply
with any of the above
conditions
may result in immediate
reinstatement of the
requirement of
reporting and paying the
actual tax liability on
each monthly
return, and the commissioner
may at the
commissioner's
discretion deny the vendor the right to
report and
pay based upon the average
monthly
liability for a
period not to
exceed two years. The amount
ascertained by the
commissioner to be the average monthly tax
liability of a vendor
may be adjusted, based upon a review of the
returns or other
information pertaining to the vendor for a
period of not less than
six months nor more than two years
preceding such adjustment.
(2) The commissioner may authorize vendors whose tax liability
is
not such as to merit monthly returns, as
ascertained by
the
commissioner upon the basis of administrative costs to the
state,
to make and file returns at less frequent intervals. When
returns
are filed at less frequent intervals in accordance with
such
authorization, the vendor shall be allowed
the discount of
three-fourths of one per cent provided in this section in consideration for
prompt payment
with the return, provided the return is filed
together with
payment of the amount of tax shown to be due
thereon, at the time
specified by the commissioner, but a vendor that has selected a
certified service provider as its agent shall not be entitled to
the discount.
(D) Any vendor who fails to
file a
return or pay the full amount
of the tax shown on the
return to
be due under this section and
the rules of the
commissioner
may, for each such return the vendor
fails to file or
each
such tax the vendor fails to pay in full as
shown on the
return within the period
prescribed by this section
and the rules
of the commissioner,
be required to forfeit and pay
into the state
treasury an additional
charge not exceeding
fifty
dollars or ten
per cent of the tax required to be paid for
the
reporting period,
whichever is greater, as revenue arising
from
the tax imposed by
this chapter, and such sum may be
collected by
assessment in the
manner provided in section 5739.13
of the
Revised Code. The
commissioner may remit all or a portion
of the
additional charge
and may adopt rules relating to
the imposition
and remission of
the additional charge.
(E) If the amount required to be collected by a vendor from
consumers is in excess of five per cent the applicable percentage of the vendor's
receipts
from
sales
that are taxable under section 5739.02 of the
Revised
Code, or in the case of sales subject to a tax levied
pursuant to
section 5739.021, 5739.023, or 5739.026 of the Revised
Code, in
excess of the percentage equal to the aggregate rate of
such
taxes
and the tax levied by section 5739.02 of the Revised
Code,
such
excess shall be remitted along with the remittance of
the
amount
of tax due under section 5739.10 of the Revised Code.
(F) The commissioner, if the commissioner deems it necessary in
order to
insure the payment of the tax imposed by this chapter,
may
require returns and payments to be made for other than monthly
periods. The returns shall be signed by the vendor or the
vendor's authorized agent.
(G) Any vendor required to file a return and pay the tax under
this section, whose total payment in any year indicated in
division
(A) of section 5739.122 of the Revised Code equals or
exceeds the
amount shown in that division (A) of section 5739.122 of the Revised Code, shall make each payment
required by
this section in the second ensuing and each
succeeding year by
electronic funds transfer as prescribed by, and on or before the dates specified in,
section 5739.122 of the
Revised Code, except as otherwise
prescribed by that section. For a vendor that operates from multiple locations or has multiple vendor's licenses, in determining whether the vendor's total payment equals or exceeds the amount shown in division (A) of that section, the vendor's total payment amount shall be the amount of the vendor's total tax liability for the previous calendar year for all of the vendor's locations or licenses.
Sec. 5739.121. (A) As used in this section, "bad debt" means
any
debt that has become worthless or uncollectible in the time
period
between a vendor's preceding return and the present
return, have
has been uncollected for at least six months, and that
may be claimed
as a deduction pursuant to the "Internal Revenue
Code of 1954,"
68A Stat. 50, 26 U.S.C. 166, as amended, and
regulations adopted
pursuant thereto, or that could be claimed as
such a deduction if
the vendor kept accounts on an accrual basis.
"Bad debt" does not
include any interest or sales tax on the
purchase price,
uncollectible amounts on property that remains in
the possession
of the vendor until the full purchase price is
paid, expenses
incurred in attempting to collect any account
receivable or for
any portion of the debt recovered, any accounts
receivable that
have been sold to a third party for collection,
and repossessed
property.
(B) In computing taxable receipts for purposes of this chapter,
a
vendor may deduct the amount of bad debts, as defined in this
section. The amount deducted must be charged off as
uncollectible
on the books of the vendor. A deduction may be
claimed only with
respect to bad debts on which the taxes
pursuant to sections
5739.10 and 5739.12 of the Revised Code were
paid in a preceding
tax period. If the vendor's business
consists of taxable and
nontaxable transactions, the deduction
shall equal the full amount
of the debt if the debt is documented
as a taxable transaction in
the vendor's records. If no such
documentation is available, the
maximum deduction on any bad debt
shall equal the amount of the
bad debt multiplied by the quotient
obtained by dividing the sales
taxed pursuant to this chapter
during the preceding calendar year
by all sales during the
preceding calendar year, whether taxed or
not. If a consumer or
other person pays all or part of a bad debt
with respect to which
a vendor claimed a deduction under this
section, the vendor shall
be liable for the amount of taxes
deducted in connection with
that portion of the debt for which
payment is received and shall
remit such taxes in
the vendor's
next payment to the
tax commissioner.
(C) Any claim for a bad debt deduction under this section shall
be supported by such evidence as the tax commissioner by rule
requires. The commissioner shall review any change in the rate
of
taxation applicable to any taxable sales by a vendor claiming
a
deduction pursuant to this section and adopt rules for altering
the deduction in the event of such a change in order to ensure
that the deduction on any bad debt does not result in the vendor
claiming the deduction recovering any more or less than the taxes
imposed on the sale that constitutes the bad debt.
(D) In any reporting period in which the amount of bad debt exceeds the amount of taxable sales for the period, the vendor may file a refund claim for any tax collected on the bad debt in excess of the tax reported on the return. The refund claim shall be filed in the manner provided in section 5739.07 of the Revised Code, except that the claim may be filed within four years of the due date of the return on which the bad debt first could have been claimed.
(E) When the filing responsibilities of a vendor have been assumed by a certified service provider, the certified service provider shall claim the bad debt allowance provided by this section on behalf of the vendor. The certified service provider shall credit or refund to the vendor the full amount of any bad debt allowance or refund.
(F) No person other than the vendor in the transaction that generated the bad debt or, as provided in division (E) of this section, a certified service provider, may claim the bad debt allowance provided by this section.
Sec. 5739.122. (A) If the total amount of tax required to
be paid by a vendor under section 5739.12 of the Revised Code for
any calendar year indicated in the following schedule equals or
exceeds the amounts prescribed for that year in the schedule seventy-five thousand dollars, the
vendor shall remit each monthly tax payment in the second ensuing
and each succeeding tax year by electronic funds transfer as
prescribed by divisions (B) and (C) of this section.
Year |
|
1992 |
|
1993 through 1999 |
2000 and thereafter |
Tax payment |
|
$1,200,000 |
|
$600,000 |
$60,000 |
If a vendor's tax payment for each of two consecutive years
beginning with 2000 is less than
sixty seventy-five thousand dollars,
the vendor is relieved of the requirement to remit taxes by
electronic funds transfer for the year that next follows the
second of the consecutive years in which the tax payment is less
than sixty thousand dollars that amount, and is relieved of that
requirement for each succeeding year, unless the tax payment in a
subsequent year equals or exceeds sixty seventy-five thousand
dollars.
The tax commissioner shall notify each vendor required to
remit taxes by electronic funds transfer of the vendor's
obligation to do so, shall maintain an updated list of those
vendors, and shall timely certify the list and any additions
thereto or deletions therefrom to the treasurer of state.
Failure by the tax commissioner to notify a vendor subject to
this section to remit taxes by electronic funds transfer does not
relieve the vendor of its obligation to remit taxes by electronic
funds transfer.
(B) Vendors required by division (A) of this section to
remit payments by electronic funds transfer shall remit such
payments to the treasurer of state in the manner prescribed by this section and
rules adopted by the treasurer of state under section 113.061 of the
Revised Code, and on or before the following dates:
(1) On or before the eleventh fifteenth day of each month, a vendor shall remit an amount equal to the taxes collected during the first seven eleven days of the month. On or before the eighteenth day of each month, a vendor shall remit an amount equal to the taxes collected on the eighth through the fourteenth day of the month. On or before the twenty-fifth day of each month, a vendor shall remit an amount equal to the taxes collected on the fifteenth twelfth through the twenty-first day of the month.
(2) In lieu of remitting the actual amounts collected for the periods specified in division (B)(1) of this section, a vendor may, on or before each of the eleventh, eighteenth, fifteenth and twenty-fifth days of each month, remit an amount equal to one-fourth thirty-seven and one-half per cent of the vendor's total tax liability for the same month in the preceding calendar year.
(3) On or before the twenty-third day of each month, a vendor shall report the taxes collected for the previous month and shall remit that amount, less any amounts paid for that month as required by division (B)(1) or (2) of this section.
The payment of taxes by electronic
funds transfer does not affect a vendor's obligation to file the
monthly return as required under section 5739.12 of the Revised
Code.
(C) A vendor required by this section to remit taxes by
electronic funds transfer may apply to the treasurer of state in
the manner prescribed by the treasurer of state to be excused from that
requirement. The treasurer of state may excuse the vendor from
remittance by electronic funds transfer for good cause shown for
the period of time requested by the vendor or for a portion of
that period. The treasurer of state shall notify the tax commissioner and
the vendor of the treasurer of state's decision as soon as is practicable.
(D)(1) If a vendor that is required to remit payments under division (B) of this section fails to make a payment, the commissioner may impose an additional charge not to exceed five per cent of that unpaid amount.
(2) If a vendor required by this section to remit taxes by
electronic funds transfer remits those taxes by some means other
than by electronic funds transfer as prescribed by this section
and the rules adopted by the treasurer of state, and the
treasurer of state determines that such failure was not due to reasonable
cause or was due to willful neglect, the treasurer of state shall notify
the tax commissioner of the failure to remit by electronic funds
transfer and shall provide the commissioner with any information
used in making that determination. The tax commissioner may
impose an additional charge not to exceed the lesser of five per cent of the amount of the
taxes required to be paid by electronic funds transfer or five thousand dollars.
(3) Any additional charge imposed
under division (D)(1) or (2) of this section is in addition to any other penalty or charge
imposed under this chapter, and shall be considered as revenue
arising from taxes imposed under this chapter. An additional charge may be collected by assessment in the manner prescribed by section 5739.13 of the Revised Code. The tax
commissioner may waive all or a portion of such a charge and may
adopt rules governing such waiver.
No additional charge shall be imposed under division (D)(2) of this section
against a vendor that has been notified of its obligation to
remit taxes under this section and that remits its first two tax
payments after such notification by some means other than
electronic funds transfer. The additional charge may be imposed
upon the remittance of any subsequent tax payment that the vendor
remits by some means other than electronic funds transfer.
Sec. 5739.17. (A) No person shall engage in making retail
sales subject to a tax imposed by or pursuant to section 5739.02,
5739.021, 5739.023, or 5739.026 of the Revised Code as a business
without having a license therefor, except as otherwise provided
in
divisions (A)(1), (2), and (3) of this section.
(1) In the dissolution of a partnership by death, the
surviving partner may operate under the license of the
partnership
for a period of sixty days.
(2) The heirs or legal representatives of deceased
persons,
and receivers and trustees in bankruptcy, appointed by
any
competent authority, may operate under the license of the
person
so succeeded in possession.
(3) Two or more persons who are not partners may operate a
single place of business under one license. In such case neither
the retirement of any such person from business at that place of
business, nor the entrance of any person, under an existing
arrangement, shall affect the license or require the issuance of
a
new license, unless the person retiring from the business is
the
individual named on the vendor's license.
Except as otherwise provided in this section, each
applicant
for a license shall make out and deliver to the county
auditor of
each county in which the applicant desires to
engage in business,
upon a blank to be furnished by such auditor for that purpose, a
statement showing the name of the applicant, each place of
business in the county where the applicant will make retail
sales,
the nature of the business, and any other information the
tax
commissioner reasonably prescribes in the form of a statement
prescribed by the commissioner.
At the time of making the application, the applicant shall
pay into the county treasury a license fee in the sum of
twenty-five dollars for each fixed place of business in the
county
that will be the situs of retail sales.
Upon receipt of
the
application and exhibition of the county
treasurer's receipt,
showing the payment of the license fee, the
county auditor shall
issue to the applicant a license for each
fixed place of business
designated in the application, authorizing
the applicant to
engage
in business at that location. If a
vendor's identity
changes,
the
vendor
shall apply for a new
license. If a vendor wishes to move
an existing
fixed place of
business to a new location within the
same county, the vendor
shall obtain a new vendor's license or
submit a request to the tax
commissioner to
transfer the existing
vendor's license to the new
location. When the new
location has
been verified as being within
the same county, the
commissioner
shall authorize the transfer
and notify the county
auditor of the
change of location. If a
vendor wishes to move an
existing fixed
place of
business to
another county, the vendor's
license shall
not transfer and the
vendor shall obtain a new
vendor's license
from the county in
which the
business is to be
located. The form
of the license
shall be
prescribed by the
commissioner. The fees
collected shall
be
credited to the general
fund of the county.
A vendor that makes retail sales subject to tax under Chapter
5739. of the Revised Code pursuant to a permit issued by the
division of liquor control shall obtain a vendor's license in the
identical
name and for the identical address as shown on the
permit.
Except as otherwise provided in this section, if a vendor
has
no fixed place of business and sells from a vehicle, each
vehicle
intended to be used within a county constitutes a place
of
business for the purpose of this section.
(B) As used in this division,
"transient vendor" means any
person who
makes sales of tangible personal property from vending
machines located on land owned by others, who leases titled motor
vehicles, titled watercraft, or
titled outboard motors, who
effectuates leases that are taxed according to division (H)(4)(A)(2) of
section 5739.01 5739.02 of the Revised Code, or
who, in
the usual course
of the
person's
business, transports inventory,
stock of goods, or
similar
tangible
personal property to a
temporary place of
business
or temporary exhibition, show, fair,
flea market, or
similar event in a
county in
which the person has
no fixed place
of business, for the
purpose of
making retail sales
of such
property. A
"temporary
place of
business" means any
public or
quasi-public place
including, but
not limited to, a
hotel, rooming
house, storeroom,
building, part
of a building,
tent, vacant lot,
railroad car, or
motor vehicle
that is
temporarily occupied for
the purpose of
making retail
sales of
goods to the public. A
place of business
is not
temporary if the
same person conducted
business at the
place
continuously for more
than six months or
occupied the
premises
as the person's permanent
residence for more
than six
months, or if the
person intends it to
be a fixed place
of
business.
Any transient vendor, in lieu of obtaining a vendor's
license
under division (A) of this section for counties in which
the
transient vendor has no fixed place of business, may
apply to the
tax commissioner, on a form prescribed by the commissioner,
for a
transient
vendor's license. The transient vendor's license
authorizes the
transient vendor to make retail sales in any county
in which the
transient vendor does not maintain a fixed place of
business. Any holder
of a transient vendor's license shall not be
required to obtain a separate
vendor's license from the county
auditor in that county. Upon the
commissioner's determination
that an applicant is a
transient vendor, the applicant shall pay a
license fee in the
amount of twenty-five dollars, at which time
the tax
commissioner
shall issue the license. The tax
commissioner may require a
vendor to be licensed as a transient
vendor if, in the opinion of
the commissioner, such licensing is
necessary for the efficient
administration of the tax.
Any holder of a valid transient vendor's license may make
retail sales at a temporary
place of business or temporary
exhibition, show,
fair, flea market,
or similar event, held
anywhere in the state
without
complying
with any provision of
section 311.37 of the Revised
Code. Any
holder of a valid
vendor's license may make retail
sales as a
transient vendor at a
temporary
place of business or temporary exhibition,
show, fair,
flea
market, or similar event held in any county in which the
vendor
maintains a fixed place of business for which the
vendor
holds a
vendor's
license without obtaining a transient vendor's
license.
(C) As used in this division,
"service vendor" means any
person who, in the usual course of the person's business,
sells
services described in division (B)(3)(e), (f), (g), (h),
(i), (j),
(k), (l), or (m), (q), or (u) of section
5739.01 of the Revised Code.
Every service vendor shall make application to the tax
commissioner for a service vendor's license. Each applicant
shall
pay a license fee in the amount of twenty-five dollars.
Upon the
commissioner's determination that an applicant is a
service vendor
and payment of the fee, the commissioner shall
issue the applicant
a service vendor's license.
Only sales described in division (B)(3)(e), (f), (g), (h),
(i), (j), (k), (l), or (m), (q), or (u) of
section 5739.01 of the Revised Code
may be made under
authority of a service vendor's license, and
that license
authorizes sales to be made at any place in this
state. Any
service vendor who makes sales of other services or
tangible
personal property subject to the sales tax also shall be
licensed
under division (A), (B), or (D) of this section.
(D) As used in this division,
"delivery vendor" means any
vendor who engages in one or more of the activities described in
divisions (D)(1) to (4) of this section, and who maintains no
store, showroom, or similar fixed place of business or other
location where merchandise regularly is offered for sale or
displayed or shown in catalogs for selection or pick-up by
consumers, or where consumers bring goods for repair or other
service.
(1) The vendor makes retail sales of tangible personal
property;
(2) The vendor rents or leases, at retail, tangible
personal
property, except titled motor vehicles, titled
watercraft, or
titled outboard motors;
(3) The vendor provides a service, at retail, described in
division (B)(3)(a), (b), (c), or (d) of section 5739.01 of the
Revised Code; or
(4) The vendor makes retail sales of warranty, maintenance
or service contracts, or similar agreements as described in
division (B)(7) of section 5739.01 of the Revised Code.
A transient vendor or a seller registered
pursuant to section
5741.17 of the Revised Code is not a delivery
vendor.
Delivery vendors shall apply to the tax commissioner, on a
form prescribed by the commissioner, for a delivery vendor's
license. Each applicant shall pay a license fee of twenty-five
dollars for each delivery vendor's license, to be credited to the
general revenue fund. Upon the commissioner's determination that
the applicant is a delivery vendor, the commissioner shall issue
the license. A delivery vendor's license authorizes retail sales
to be made throughout the state. All sales of the vendor must be
reported under the delivery license. The commissioner may
require
a vendor to be licensed as a delivery vendor if, in the
opinion of
the commissioner, such licensing is necessary for the
efficient
administration of the tax. The commissioner shall not
issue a
delivery vendor license to a vendor who holds a license
issued
under division (A) of this section.
(E) Any transient vendor who is issued a
license pursuant to
this section shall display the license or a
copy of it
prominently, in plain view, at every place of business
of the
transient vendor. Every owner, organizer, or
promoter who
operates a fair, flea market, show, exhibition,
convention, or
similar event at which transient
vendors are present shall keep a
comprehensive record of all such
vendors, listing the vendor's
name, permanent address, vendor's
license number, and the type of
goods sold. Such records shall
be kept for four years and shall
be open to inspection by the tax
commissioner.
Sec. 5739.21. (A) Four and two-tenths per cent of all
money deposited into the state treasury under sections 5739.01 to
5739.31 of the Revised Code and not required to be distributed as
provided in section 5739.102 of the Revised Code or division (B)
of this section shall be credited to the local government fund
for distribution in accordance with section 5747.50 of the
Revised Code, six-tenths of one per cent
shall be credited to the local
government revenue assistance fund for distribution in accordance with section
5747.61 of the Revised Code, and ninety-five and two-tenths per cent shall be
credited to the general revenue fund.
(B)(1) In any case where any county or transit authority has
levied a tax or taxes pursuant to section 5739.021, 5739.023, or
5739.026 of the Revised Code, the tax commissioner shall, within
forty-five days after the end of each month, determine and
certify to the director of budget and management the amount of
the proceeds of such tax or taxes
received during that month from billings and assessments received during that month, or shown on associated with tax returns or reports filed during that month, to be returned to the county or transit
authority levying the tax or taxes. The amount to be returned to
each county and transit authority shall be a fraction of the
aggregate amount of money collected with respect to each area in
which one or more of such taxes are concurrently in effect with
the tax levied by section 5739.02 of the Revised Code, the. The
numerator of which the fraction is the rate of the tax levied by the county or
transit authority and the denominator of which the fraction is the aggregate
rate of such taxes applicable to such area; provided, that the. The amount to be returned to each county or transit authority shall be reduced by the amount of any refunds of county or transit authority tax paid pursuant to section 5739.07 of the Revised Code during the same month, or transfers made pursuant to division (B)(2) of section 5703.052 of the Revised Code.
(2) On a periodic basis, using the best information available, the tax commissioner shall distribute any amount of a county or transit authority tax that cannot be distributed under division (B)(1) of this section. Through audit or other means, the commissioner shall attempt to obtain the information necessary to make the distribution as provided under that division and, on receipt of that information, shall make adjustments to distributions previously made under this division.
(C) The
aggregate amount to be returned to any county or transit
authority shall be reduced by one per cent, which shall be
certified directly to the credit of the local sales tax
administrative fund, which is hereby created in the state
treasury. For the purpose of determining the amount to be returned to a
county and transit authority in which the rate of tax imposed by the transit
authority has been reduced under section
5739.028 of the Revised Code, the tax commissioner
shall use the respective rates of tax imposed by the county or transit
authority that results from the change in the rates authorized
under that section. The
(D) The director of budget and management
shall transfer,
from the same funds and in the same proportions specified in
division (A) of this section, to the permissive tax distribution
fund created by division (B)(1) of section 4301.423 of the
Revised Code and to the local sales tax administrative fund, the
amounts certified by the tax commissioner. The tax commissioner
shall then, on or before the twentieth day of the month in which
such certification is made, provide for payment of such
respective amounts to the county treasurer and to the fiscal
officer of the transit authority levying the tax or taxes. The
amount transferred to the local sales tax administrative fund is
for use by the tax commissioner in defraying costs incurred in
administering such taxes levied by a county or transit authority.
Sec. 5739.33. If any corporation, limited liability company, or business
trust
required to file returns and to remit tax due to the state under
this chapter, including a holder of a direct payment permit under section 5739.031 of the Revised Code, fails for any reason to make the
filing or payment, any of its employees having control or
supervision of or charged with the responsibility of filing
returns and making payments, or any of its officers, members, managers, or
trustees
who are responsible for the execution of the corporation's, limited liability
company's, or
business trust's fiscal responsibilities, shall be personally
liable for the failure. The dissolution, termination, or
bankruptcy of a corporation, limited liability company, or business trust
shall not discharge
a responsible officer's, member's, manager's, employee's, or trustee's
liability for a
failure of the corporation, limited liability company, or business trust to
file returns or
remit tax due. The sum due for the liability may be collected by
assessment in the manner provided in section 5739.13 of the
Revised Code.
Sec. 5741.01. As used in this chapter:
(A)
"Person" includes individuals, receivers, assignees,
trustees in bankruptcy, estates, firms, partnerships,
associations, joint-stock companies, joint ventures, clubs,
societies, corporations, business trusts, governments, and
combinations of individuals of any form.
(B)
"Storage" means and includes any keeping or retention
in
this state for use or other consumption in this state.
(C)
"Use" means and includes the exercise of any right or
power incidental to the ownership of the thing used. A thing is
also
"used" in this state if its consumer gives or otherwise
distributes it, without charge, to recipients in this state.
(D)
"Purchase" means acquired or received for a
consideration, whether such acquisition or receipt was effected
by
a transfer of title, or of possession, or of both, or a
license to
use or consume; whether such transfer was absolute or
conditional,
and by whatever means the transfer was effected; and
whether the
consideration was money, credit, barter, or exchange.
Purchase
includes production, even though the article produced
was used,
stored, or consumed by the producer. The transfer of
copyrighted
motion picture films for exhibition purposes is not a
purchase,
except such films as are used solely for advertising
purposes.
(E)
"Seller" means the person from whom a purchase is
made,
and includes every person engaged in this state or
elsewhere in
the business of selling tangible personal property
or providing a
service for storage, use, or other consumption or
benefit in this
state; and when, in the opinion of the tax
commissioner, it is
necessary for the efficient administration of
this chapter, to
regard any salesman, representative, peddler, or
canvasser as the
agent of a dealer, distributor, supervisor, or
employer under whom
the person operates, or from whom
the person obtains
tangible
personal property, sold by
the person for storage,
use, or
other
consumption in this state, irrespective of whether
or not
the
person is
making such sales on
the person's own
behalf, or on
behalf
of such dealer,
distributor, supervisor, or
employer, the
commissioner may regard
the person as such
agent, and may regard
such dealer,
distributor,
supervisor, or
employer as the seller.
"Seller" does not include
any person to
the extent the person
provides a communications
medium, such as,
but not limited to,
newspapers, magazines,
radio, television, or
cable television, by
means of which sellers
solicit purchases of
their goods or
services.
(F)
"Consumer" means any person who has purchased tangible
personal property or has been provided a service for storage,
use,
or other consumption or benefit in this state.
"Consumer"
does
not
include a person who receives, without charge, tangible
personal
property or a service.
A person who performs a facility management or similar
service contract for a contractee is a consumer of all tangible
personal property and services purchased for use in connection
with the performance of such contract, regardless of whether
title
to any such property vests in the contractee. The purchase
of
such property and services is not subject to the exception for
resale under division (E)(1) of section 5739.01 of the Revised
Code.
(G)(1)
"Price," except as provided in the case of watercraft, outboard
motors, or new motor vehicles, means the aggregate value in money
of anything paid or delivered, or promised to be paid or
delivered, by a consumer to a seller in the complete performance
of the transaction by which tangible personal property has been
purchased or a service has been provided for storage, use, or
other consumption or benefit in this state, without any deduction
or exclusion on account of the cost of the property sold, cost of
materials used, labor or service cost, interest, discount paid or
allowed after the sale is consummated, or any other expense. If
the transaction consists of the rental or lease of tangible
personal property,
"price" means the aggregate value in money of
anything paid or delivered, or promised to be paid or delivered
by
the lessee to the lessor, in the complete performance of the
rental or lease, without any deduction or exclusion of tax,
interest, labor or service charge, damage liability waiver,
termination or damage charge, discount paid or allowed after the
lease is consummated, or any other expense.
Except as provided
in
division (G)(6) of this section, the tax shall be
calculated
and
collected by the lessor on each payment made by
the
lessee.
If
a
consumer produces the tangible personal
property
used by
the
consumer, the price is the produced
cost of such
tangible
personal
property.
"Price" does not include delivery charges that are
separately stated on the initial invoice or initial billing
rendered by the seller.
The tax collected by the seller from
the
consumer under
this
chapter is not a part of the price, but
is a
tax
collection
for
the benefit of the state, and of counties
levying
an
additional
use tax pursuant to section 5741.021 or
5741.023 of
the
Revised
Code and of transit authorities levying
an
additional
use
tax
pursuant to section 5741.022 of the Revised
Code and,
except
for
the discount authorized under section
5741.12
of the
Revised
Code
and the effects of any rounding pursuant to section 5703.055 of
the Revised Code,
no person other than the state or
such a
county
or
transit
authority shall derive any benefit from
the
collection
or
payment
of such tax.
As used in division divisions (G)(1)(2) to (6) of this section, "delivery
charges" means charges by the seller for preparation and delivery
to a location designated by the consumer of tangible personal
property or a service, including transportation, shipping,
postage, handling, crating, and packing has the same meaning as in division (H)(1) of section 5739.01 of the Revised Code.
(2) In the case of watercraft, outboard motors, or new
motor
vehicles,
"price" has the same meaning as in division divisions (H)(2) and (3)
of
section 5739.01 of the Revised Code.
(3) In the case of a nonresident business consumer that
purchases and uses tangible personal property outside this state
and subsequently temporarily stores, uses, or otherwise consumes
such tangible personal property in the conduct of business in
this
state, the consumer or the tax commissioner may determine
the
price based on the value of the temporary storage, use, or
other
consumption, in lieu of determining the price pursuant to
division
(G)(1) of this section. A price determination made by
the
consumer is subject to review and redetermination by the
commissioner.
(4) In the case of tangible personal property held in this
state as inventory for sale or lease, and that is temporarily
stored, used, or otherwise consumed in a taxable manner, the
price
is the value of the temporary use. A price determination
made by
the consumer is subject to review and redetermination by
the
commissioner.
(5) In the case of tangible personal property originally
purchased and used by the consumer outside this state, and that
becomes permanently stored, used, or otherwise consumed in this
state more than six months after its acquisition by the consumer,
the consumer or the commissioner may determine the price
based
on
the current value of such tangible personal property, in
lieu
of
determining the price pursuant to division (G)(1) of this
section.
A price determination made by the consumer is subject
to
review
and redetermination by the commissioner.
(6) In the case of the purchase or lease of any motor vehicle
designed by the manufacturer to carry a load of not more than one
ton,
watercraft, outboard motor, or aircraft, or the lease of any
tangible personal property, other than motor vehicles designed by
the manufacturer to carry a load of more than one ton, to be used
by the lessee primarily for business purposes, the tax shall be
collected by the vendor at the time the lease is consummated and
calculated by the vendor on the basis of the total amount to be
paid by the lessee under the lease agreement. If the total amount
of the consideration for the lease includes amounts that are not
calculated at the time the lease is executed, the tax shall be
calculated and collected by the vendor at the time such amounts
are billed to the lessee. In the case of an open-end lease, the
tax shall be calculated by the vendor on the basis of the total
amount to be paid during the initial fixed term of the lease, and
then for each subsequent renewal period as it comes due. As used
in division
(G)(6) of this section only, "motor vehicle" has the
same meaning as in
section 4501.01 of the Revised Code If a consumer produces tangible personal property for sale and removes that property from inventory for the consumer's own use, the price is the produced cost of that tangible personal property.
(H)
"Nexus with this state" means that the seller engages
in
continuous and widespread solicitation of purchases from
residents
of this state or otherwise purposefully directs its
business
activities at residents of this state.
(I)
"Substantial nexus with this state" means that the
seller
has sufficient contact with this state, in accordance with
Section
8 of Article I of the Constitution of the United States,
to allow
the state to require the seller to collect and remit use
tax on
sales of tangible personal property or services made to
consumers
in this state.
"Substantial nexus with this state"
exists when the
seller does any of the following:
(1) Maintains a place of business within this state,
whether
operated by employees or agents of the seller, by a
member of an
affiliated group, as described defined in division (B)(3)(e)
of section
5739.01 of the Revised Code, of which the seller is a
member, or
by a franchisee using a trade name of the seller;
(2) Regularly has employees, agents, representatives,
solicitors, installers, repairmen, salesmen, or other individuals
in this state for the purpose of conducting the business of the
seller;
(3) Uses a person in this state for the purpose of
receiving
or processing orders of the seller's goods or services;
(4) Makes regular deliveries of tangible personal property
into this state by means other than common carrier;
(5) Has membership in an affiliated group, as described in
division (B)(3)(e) of section 5739.01 of the Revised Code, at
least one other member of which has substantial nexus with this
state;
(6) Owns tangible personal property that is rented or
leased
to a consumer in this state, or offers tangible personal
property,
on approval, to consumers in this state;
(7)
Except as provided in section 5703.65 of the Revised
Code, is registered with the secretary of state to do
business
in
this state or is registered or licensed by any state
agency,
board, or commission to transact business in this state
or to make
sales to persons in this state;
(8) Has any other contact with this state that would allow
this state to require the seller to collect and remit use tax
under Section 8 of Article I of the Constitution of the United
States.
(J)
"Fiscal officer" means, with respect to a regional
transit authority, the secretary-treasurer thereof, and with
respect to a county which is a transit authority, the fiscal
officer of the county transit board appointed pursuant to section
306.03 of the Revised Code or, if the board of county
commissioners
operates the county transit system, the county
auditor.
(K)
"Territory of the transit authority" means all of the
area included within the territorial boundaries of a transit
authority as they from time to time exist. Such territorial
boundaries must at all times include all the area of a single
county or all the area of the most populous county which is a
part
of such transit authority. County population shall be
measured by
the most recent census taken by the United States
census bureau.
(L)
"Transit authority" means a regional transit authority
created pursuant to section 306.31 of the Revised Code or a
county
in which a county transit system is
created pursuant to
section
306.01 of the Revised Code. For the purposes of this
chapter, a
transit authority must extend to at least the entire
area of a
single county. A transit authority which includes
territory in
more than one county must include all the area of
the most
populous county which is a part of such transit
authority. County
population shall be measured by the most
recent census taken by
the United States census bureau.
(M)
"Providing a service" has the same meaning as in
division
(X) of section 5739.01 of the Revised Code.
(N)
"Other consumption" includes receiving the benefits of
a
service.
(O) "Lease" means any transfer for a consideration of the
possession of and right to use, but not title to, tangible
personal property for a fixed period of time greater than
thirty
days or for an open-ended period of time with
a
minimum fixed
period of more than
thirty days or "rental" has the same meaning as in division (UU) of section 5739.01 of the Revised Code.
(P) "Certified service provider" has the same meaning as in
section 5740.01 of the Revised Code.
Sec. 5741.02. (A)(1) For the use of the general revenue fund
of the state, an excise tax is hereby levied on the storage, use,
or other consumption in this state of tangible personal property
or the benefit realized in this state of any service provided.
The
tax shall be collected pursuant to the schedules as provided in section
5739.025 of the Revised Code, provided that on and after July 1, 2003, and on or before June 30, 2005, the rate of the tax shall be six per cent. On and after July 1, 2005, the rate of the tax shall be five per cent.
(2) In the case of the lease or rental, with a fixed term of more than thirty days or an indefinite term with a minimum period of more than thirty days, of any motor vehicles designed by the manufacturer to carry a load of not more than one ton, watercraft, outboard motor, or aircraft, or of any tangible personal property, other than motor vehicles designed by the manufacturer to carry a load of more than one ton, to be used by the lessee or renter primarily for business purposes, the tax shall be collected by the seller at the time the lease or rental is consummated and shall be calculated by the seller on the basis of the total amount to be paid by the lessee or renter under the lease or rental agreement. If the total amount of the consideration for the lease or rental includes amounts that are not calculated at the time the lease or rental is executed, the tax shall be calculated and collected by the seller at the time such amounts are billed to the lessee or renter. In the case of an open-end lease or rental, the tax shall be calculated by the seller on the basis of the total amount to be paid during the initial fixed term of the lease or rental, and for each subsequent renewal period as it comes due. As used in this division, "motor vehicle" has the same meaning as in section 4501.01 of the Revised Code, and "watercraft" includes an outdrive unit attached to the watercraft.
(3) Except as provided in division (A)(2) of this section, in the case of a transaction, the price of which consists in whole or part of the lease or rental of tangible personal property, the tax shall be measured by the installments of those leases or rentals.
(B) Each consumer, storing, using, or otherwise consuming
in
this state tangible personal property or realizing in this
state
the benefit of any service provided, shall be liable for the
tax,
and such liability shall not be extinguished until the tax
has
been paid to this state; provided, that the consumer shall be
relieved from further liability for the tax if the tax has been
paid to a seller in accordance with section 5741.04 of the
Revised
Code or prepaid by the seller in accordance with section
5741.06
of the Revised Code.
(C) The tax does not apply to the storage, use, or
consumption in this state of the following described tangible
personal property or services, nor to the storage, use, or
consumption or benefit in this state of tangible personal
property
or services purchased under the following described
circumstances:
(1) When the sale of property or service in this state is
subject to the excise tax imposed by sections 5739.01 to 5739.31
of the Revised Code, provided said tax has been paid;
(2) Except as provided in division (D) of this section,
tangible personal property or services, the acquisition of which,
if made in Ohio, would be a sale not subject to the tax imposed
by
sections 5739.01 to 5739.31 of the Revised Code;
(3) Property or services, the storage, use, or other
consumption of or benefit from which this state is prohibited
from
taxing by the Constitution of the
United States, laws of the
United States, or the Constitution of this
state. This exemption
shall not exempt from the application of the tax imposed by this
section the storage, use, or consumption of tangible personal
property that was purchased in interstate commerce, but
that has
come to rest in this state, provided that fuel to
be used or
transported in carrying on interstate commerce that is
stopped
within this state pending transfer from one conveyance to another
is exempt from the excise tax imposed by this section and section
5739.02 of the Revised Code;
(4) Transient use of tangible personal property in this
state by a nonresident tourist or vacationer, or a non-business
use within this state by a nonresident of this state, if the
property so used was purchased outside this state for use outside
this state and is not required to be registered or licensed under
the laws of this state;
(5) Tangible personal property or services rendered, upon
which taxes have been paid to another jurisdiction to the extent
of the amount of the tax paid to such other jurisdiction. Where
the amount of the tax imposed by this section and imposed
pursuant
to section 5741.021, 5741.022, or 5741.023 of the
Revised Code
exceeds the amount paid to another jurisdiction, the
difference
shall be allocated between the tax imposed by this
section and any
tax imposed by a county or a transit authority
pursuant to section
5741.021, 5741.022, or 5741.023 of the
Revised Code, in proportion
to the respective rates of such
taxes.
As used in this subdivision, "taxes paid to another
jurisdiction" means the total amount of retail sales or use tax
or
similar tax based upon the sale, purchase, or use of tangible
personal property or services rendered legally, levied by and paid
to another state or political subdivision thereof, or to the
District of Columbia, where the payment of such tax does not
entitle the taxpayer to any refund or credit for such payment.
(6) The transfer of a used manufactured home or used mobile
home,
as defined by section 5739.0210 of the Revised Code,
made on
or after January 1, 2000;
(7) Drugs that are or are intended to be distributed free of
charge to a
practitioner licensed to prescribe, dispense, and
administer drugs to a human
being in the course of a professional
practice and that by law may be
dispensed only by or upon the
order of such a practitioner.
(D) The tax applies to the storage, use, or other
consumption in this state of tangible personal property or
services, the acquisition of which at the time of sale was
excepted under division (E)(1) of section 5739.01 of the Revised
Code from the tax imposed by section 5739.02 of the Revised Code,
but which has subsequently been temporarily or permanently
stored,
used, or otherwise consumed in a taxable manner.
(E)(1) If any transaction is claimed to be exempt under
division (E)
of
section 5739.01 of the Revised Code or under
section 5739.02
of the Revised Code, with the exception of
divisions (B)(1) to (11)
or (28) of section 5739.02 of the Revised
Code, the consumer shall
provide to the seller, and the
seller
shall obtain from the consumer,
a
certificate specifying
the
reason that the
transaction is
not subject to the tax.
The
certificate shall be provided either in a hard copy form or
electronic form, as prescribed by the tax commissioner. If the
transaction is
claimed to be exempt under
division (B)(13) of
section 5739.02 of
the Revised Code,
the exemption certificate
shall be
provided by
both the contractor and
contractee. Such
contractee shall be
deemed to be the consumer of all
items
purchased
under the claim
of exemption if it is subsequently
determined that
the exemption
is not properly claimed. The
certificate shall be
in such form as the tax commissioner by rule
prescribes.
The seller shall maintain records, including
exemption certificates, of all sales on which a consumer has
claimed an exemption, and provide them to the tax commissioner on
request.
(2) If no
certificate is
provided or obtained
within the
period for filing
the return for
the period in which
the
transaction is consummated,
it shall be
presumed that the tax
applies. The failure to have so
provided
or obtained a
certificate shall not preclude a seller or
consumer from
establishing, within one hundred twenty days of the
giving of
notice by the commissioner of intention to levy an
assessment,
that the transaction is not subject to the tax.
(F) A seller who files a petition for reassessment
contesting the
assessment of tax on transactions for which the
seller obtained no valid
exemption certificates, and for which the
seller failed
to establish that
the transactions were not subject
to the tax
during the
one-hundred-twenty-day period allowed under
division
(E) of this
section, may present to the tax commissioner
additional
evidence
to prove that the transactions were exempt.
The seller
shall file
such evidence within ninety days of the
receipt by the
seller of
the notice of assessment, except that,
upon application
and for
reasonable cause, the tax commissioner
may extend the
period for
submitting such evidence thirty days.
(G) For the purpose of the proper administration of
sections
5741.01 to 5741.22 of the Revised Code, and to prevent
the evasion
of the tax hereby levied, it shall be presumed that
any use,
storage, or other consumption of tangible personal
property in
this state is subject to the tax until the contrary
is
established.
(H) The tax collected by the seller from the consumer under this chapter is not part of the price, but is a tax collection for the benefit of the state, and of counties levying an additional use tax pursuant to section 5741.021 or 5741.023 of the Revised Code and of transit authorities levying an additional use tax pursuant to section 5741.022 of the Revised Code. Except for the discount authorized under section 5741.12 of the Revised Code and the effects of any rounding pursuant to section 5703.055 of the Revised Code, no person other than the state or such a county or transit authority shall derive any benefit from the collection of such tax.
Sec. 5741.021. (A) For the purpose of providing
additional general revenues for the county or supporting criminal and
administrative justice services in the county, or both, and to pay the
expenses of administering such levy, any county which levies a
tax pursuant to section 5739.021 of the Revised Code shall levy a
tax at the same rate levied pursuant to section 5739.021 of the
Revised Code on the storage, use, or other consumption in the
county of the following:
(1) Motor vehicles acquired on or after May 1, 1970, and
watercraft and outboard motors required to be titled in the
county pursuant to Chapter 1548. of the Revised Code and acquired
on or after April 1, 1990, by a transaction subject to the tax
imposed by section 5739.02 of the Revised Code;
(2) In addition to the tax imposed by section 5741.02 of
the Revised Code, tangible personal property and services subject
to the tax levied by this state as provided in section 5741.02 of
the Revised Code, and tangible personal property and services
purchased in another county within this state by a transaction
subject to the tax imposed by section 5739.02 of the Revised
Code.
The tax shall be levied pursuant to a resolution of the
board of county commissioners which shall be adopted after
publication of notice and hearing in the same manner as provided
in section 5739.021 of the Revised Code. Such resolution shall
be adopted and shall become effective on the same day as the
resolution adopted by the board of county commissioners levying a
sales tax pursuant to section 5739.021 of the Revised Code and
shall remain in effect until such sales tax is repealed.
(B) The tax levied pursuant to this section on the
storage, use, or other consumption of tangible personal property
and on the benefit of a service realized shall be in addition to
the tax levied by section 5741.02 of the Revised Code and, except
as provided in division (D) of this section, any tax levied
pursuant to sections 5741.022 and 5741.023 of the Revised Code.
(C) The additional tax levied by the county shall be
collected pursuant to the schedules in section 5739.025 of the
Revised Code. If the additional tax or some portion thereof is levied for
the purpose of criminal and administrative justice services, the revenue
from the tax, or the amount or rate apportioned to that purpose, shall be
credited to a special fund created in the county treasury for receipt of
that revenue.
(D) The tax levied pursuant to this section shall not be
applicable to any benefit of a service realized or to any
storage, use, or consumption of property not within the taxing
power of a county under the constitution of the United States or
the constitution of this state, or to property or services on
which a tax levied by a county or transit authority pursuant to
this section or section 5739.021, 5739.023, 5739.026, 5741.022,
or 5741.023 of the Revised Code has been paid, if the sum of the
taxes paid pursuant to those sections is equal to or greater than
the sum of the taxes due under this section and sections 5741.022
and 5741.023 of the Revised Code. If the sum of the taxes paid
is less than the sum of the taxes due under this section and
sections 5741.022 and 5741.023 of the Revised Code, the amount of
tax paid shall be credited against the amount of tax due.
(E) As used in this section, "criminal and administrative justice services"
has the same meaning as in section 5739.021 of the Revised Code.
Sec. 5741.022. (A) For the purpose of providing
additional general revenues for the transit authority and paying
the expenses of administering such levy, any transit authority as
defined in section 5741.01 of the Revised Code that levies a tax
pursuant to section 5739.023 of the Revised Code shall levy a tax
at the same rate levied pursuant to such section on the storage,
use, or other consumption in the territory of the transit
authority of the following:
(1) Motor vehicles acquired on or after June 29, 1974, and
watercraft and outboard motors required to be titled in the
county pursuant to Chapter 1548. of the Revised Code and acquired
on or after April 1, 1990, by a transaction subject to the tax
imposed by section 5739.02 of the Revised Code;
(2) In addition to the tax imposed by section 5741.02 of
the Revised Code, tangible personal property and services subject
to the tax levied by this state as provided in section 5741.02 of
the Revised Code, and tangible personal property and services
purchased in another county within this state by a transaction
subject to the tax imposed by section 5739.02 of the Revised
Code.
The tax shall be in effect at the same time and at the same
rate and shall be levied pursuant to the resolution of the
legislative authority of the transit authority levying a sales
tax pursuant to section 5739.023 of the Revised Code.
(B) The tax levied pursuant to this section on the
storage, use, or other consumption of tangible personal property
and on the benefit of a service realized shall be in addition to
the tax levied by section 5741.02 of the Revised Code and, except
as provided in division (D) of this section, any tax levied
pursuant to sections 5741.021 and 5741.023 of the Revised Code.
(C) The additional tax levied by the authority shall be
collected pursuant to the schedules in section 5739.025 of the
Revised Code.
(D) The tax levied pursuant to this section shall not be
applicable to any benefit of a service realized or to any
storage, use, or consumption of property not within the taxing
power of a transit authority under the constitution of the United
States or the constitution of this state, or to property or
services on which a tax levied by a county or transit authority
pursuant to this section or section 5739.021, 5739.023, 5739.026,
5741.021, or 5741.023 of the Revised Code has been paid, if the
sum of the taxes paid pursuant to those sections is equal to or
greater than the sum of the taxes due under this section and
sections 5741.021 and 5741.023 of the Revised Code. If the sum
of the taxes paid is less than the sum of the taxes due under
this section and sections 5741.021 and 5741.023 of the Revised
Code, the amount of tax paid shall be credited against the amount
of tax due.
(E) The rate of a tax levied under this section is subject to
reduction under section 5739.028 of the
Revised Code if a ballot question is approved by
voters pursuant to that section.
Sec. 5741.023. (A) For the same purposes for which it has
imposed a tax under section 5739.026 of the Revised Code, any
county which that levies a tax pursuant to such section shall levy a
tax at the same rate levied pursuant to such section on the
storage, use, or other consumption in the county of the
following:
(1) Motor vehicles, and watercraft and outboard motors
required to be titled in the county pursuant to Chapter 1548. of
the Revised Code, acquired by a transaction subject to the tax
imposed by section 5739.02 of the Revised Code;
(2) In addition to the tax imposed by section 5741.02 of
the Revised Code, tangible personal property and services subject
to the tax levied by this state as provided in section 5741.02 of
the Revised Code, and tangible personal property and services
purchased in another county within this state by a transaction
subject to the tax imposed by section 5739.02 of the Revised
Code.
The tax shall be levied pursuant to a resolution of the
board of county commissioners, which shall be adopted in the same
manner as provided in section 5739.026 of the Revised Code. Such
resolution shall be adopted and shall become effective on the
same day as the resolution adopted by the board of county
commissioners levying a sales tax pursuant to such section and
shall remain in effect until such sales tax is repealed or
expires.
(B) The tax levied pursuant to this section shall be in
addition to the tax levied by section 5741.02 of the Revised Code
and, except as provided in division (D) of this section, any tax
levied pursuant to sections 5741.021 and 5741.022 of the Revised
Code.
(C) The additional tax levied by the county shall be
collected pursuant to the schedules in section 5739.025 of the
Revised Code.
(D) The tax levied pursuant to this section shall not be
applicable to any benefit of a service realized or to any
storage, use, or consumption of property not within the taxing
power of a county under the constitution of the United States or
the constitution of this state, or to property or services on
which tax levied by a county or transit authority pursuant to
this section or section 5739.021, 5739.023, 5739.026, 5741.021,
or 5741.022 of the Revised Code has been paid, if the sum of the
taxes paid pursuant to those sections is equal to or greater than
the sum of the taxes due under this section and sections 5741.021
and 5741.022 of the Revised Code. If the sum of the taxes paid
is less than the sum of the taxes due under this section and
sections 5741.021 and 5741.022 of the Revised Code, the amount of
tax paid shall be credited against the amount of tax due.
Sec. 5741.121. (A) If the total amount of tax required to
be paid by a seller or consumer under section 5741.12 of the Revised Code
for any year indicated in the following schedule equals or
exceeds the amount prescribed for that year in the schedule seventy-five thousand dollars, the seller or
consumer shall remit each monthly tax payment in the second
ensuing and each succeeding year by electronic funds transfer as
prescribed by division (B) of this section.
Year |
|
1992 |
|
1993 through 1999 |
2000 and thereafter |
Tax payment |
|
$1,200,000 |
|
$600,000 |
$60,000 |
If a seller's or consumer's tax payment for each of two consecutive
years beginning with 2000 is less than
sixty seventy-five thousand
dollars, the seller or consumer is relieved of the requirement to remit
taxes by electronic funds transfer for the year that next follows
the second of the consecutive years in which the tax payment is
less than sixty thousand dollars that amount, and is relieved of
that
requirement for each succeeding year, unless the tax payment in a
subsequent year equals or exceeds sixty seventy-five thousand
dollars.
The tax commissioner shall notify each seller or consumer required to
remit taxes by electronic funds transfer of the seller's or consumer's
obligation to do so, shall maintain an updated list of those sellers and
consumers, and shall timely certify the list and any additions
thereto or deletions therefrom to the treasurer of state.
Failure by the tax commissioner to notify a seller or consumer subject to
this section to remit taxes by electronic funds transfer does not
relieve the seller or consumer of the obligation to remit
taxes by electronic funds transfer.
(B) Sellers and consumers required by division (A) of this section to
remit payments by electronic funds transfer shall remit such
payments to the treasurer of state in the manner prescribed by this section and
rules adopted by the treasurer of state under section 113.061 of the
Revised Code, and on or before the following dates:
(1)(a) On or before the eleventh fifteenth day of each month, a seller shall remit an amount equal to the taxes collected during the first seven eleven days of the month. On or before the eighteenth day of each month, a seller shall remit an amount equal to the taxes collected on the eighth through the fourteenth day of the month. On or before the twenty-fifth day of each month, a seller shall remit an amount equal to the taxes collected on the fifteenth twelfth through the twenty-first day of the month.
(b) In lieu of remitting the actual amounts collected for the periods specified in division (B)(1)(a) of this section, a seller may, on or before each of the eleventh, eighteenth, fifteenth and twenty-fifth days of each month, remit an amount equal to one-fourth thirty-seven and one-half per cent of the seller's total tax liability for the same month in the preceding calendar year.
(2) On or before each of the eleventh, eighteenth, fifteenth and twenty-fifth days of each month, a consumer shall remit an amount equal to one-fourth thirty-seven and one-half per cent of the consumer's total tax liability for the same month in the preceding calendar year.
(3) On or before the twenty-third day of each month, a seller shall report the taxes collected and a consumer shall report the taxes due for the previous month and shall remit that amount, less any amounts paid for that month as required by division (B)(1)(a) or (b) or (B)(2) of this section.
The payment of taxes by electronic
funds transfer does not affect a seller's or consumer's obligation to file
the monthly return as required under section 5741.12 of the
Revised Code.
(C) A seller or consumer required by this section to remit taxes by
electronic funds transfer may apply to the treasurer of state in
the manner prescribed by the treasurer of state to be excused from that
requirement. The treasurer of state may excuse the seller or consumer from
remittance by electronic funds transfer for good cause shown for
the period of time requested by the seller or consumer or for a portion of
that period. The treasurer of state shall notify the tax commissioner and
the seller or consumer of the treasurer of state's decision as soon as is
practicable.
(D)(1) If a seller or consumer that is required to remit payments under division (B) of this section fails to make a payment, the commissioner may impose an additional charge not to exceed five per cent of that unpaid amount.
(2) If a seller or consumer required by this section to remit taxes
by electronic funds transfer remits those taxes by some means
other than by electronic funds transfer as prescribed by the
rules adopted by the treasurer of state, and the treasurer of state
determines that such failure was not due to reasonable cause or
was due to willful neglect, the treasurer of state shall notify the tax
commissioner of the failure to remit by electronic funds transfer
and shall provide the commissioner with any information used in
making that determination. The tax commissioner may impose an
additional charge not to exceed the lesser of five per cent of the amount of the taxes required to be
paid by electronic funds transfer or five
thousand dollars.
(3) Any additional charge imposed under this
section is in addition to any other penalty or charge imposed
under this chapter, and shall be considered as revenue arising
from taxes imposed under this chapter. An additional charge may be collected by assessment in the manner prescribed by section 5741.13 of the Revised Code. The tax commissioner may
waive all or a portion of such a charge and may adopt rules
governing such waiver.
No additional charge shall be imposed under division (D)(2) of this section
against a seller or consumer that has been notified of the
obligation to remit taxes under this section and that remits its first two tax
payments after such notification by some means other than
electronic funds transfer. The additional charge may be imposed
upon the remittance of any subsequent tax payment that the seller or
consumer remits by some means other than electronic funds
transfer.
Sec. 5741.25. If any corporation, limited liability company, or business trust registered or required to be registered under section 5741.17 of the Revised Code and required to file returns and remit tax due to the state under this chapter fails for any reason to make the filing or payment, any of its employees having control or supervision of or charged with the responsibility of filing returns and making payments, or any of its officers, members, managers, or trustees who are responsible for the execution of the corporation's, limited liability company's, or business trust's fiscal responsibilities, shall be personally liable for the failure. The dissolution, termination, or bankruptcy of a corporation, limited liability company, or business trust shall not discharge a responsible officer's, member's, manager's, employee's, or trustee's liability for a failure of the corporation, limited liability company, or business trust to file returns or remit tax due. The sum due for the liability may be collected by assessment in the manner provided in section 5741.11 or 5741.13 of the Revised Code.
Sec. 5743.05. All stamps provided for by section 5743.03
of
the Revised Code, when procured by the tax commissioner, shall
be
immediately delivered to the treasurer of state, who shall
execute
a receipt therefor showing the number and aggregate face
value of
each denomination received by the treasurer of
state and any other
information that the commissioner requires to
enforce the
collection and distribution of all taxes imposed
under section
5743.024 or 5743.026 of the Revised Code, and deliver
the receipt
to the commissioner. The treasurer
of state shall sell
the stamps
and, on the fifth day of each month, make a report
showing all
sales made during the preceding month, with
the names of
purchasers, the number of each denomination, the
aggregate face
value purchased by each, and any other information
as the
commissioner requires to enforce the
collection and distribution
of all taxes imposed under section
5743.024 of the Revised Code,
and deliver it to the commissioner.
The treasurer
of state shall
be accountable for all stamps
received and unsold. The stamps
shall be sold and
accounted for at their face value, except the
commissioner shall,
by rule certified to the treasurer
of state,
authorize the sale
of stamps and meter impressions to wholesale or
retail dealers in
this state, or to wholesale dealers outside this
state, at a
discount of not less than
one and
eight-tenths per
cent or more
than ten per cent of their face
value, as a
commission for
affixing and canceling the stamps or
meter
impressions.
The
commissioner, by rule certified to the treasurer
of
state, shall
authorize the delivery of stamps and meter
impressions to wholesale and retail
dealers in this state and to
wholesale dealers outside this state on credit
when the purchaser
files. If such a dealer has not been in good credit standing with this state for five consecutive years preceding the purchase, the tax commissioner shall require the dealer to file with the commissioner a bond to the state in the
amount and
in the form prescribed by the commissioner, and with surety to the
satisfaction of the treasurer
of state commissioner, conditioned on payment to
the treasurer
of state within thirty days for stamps or meter
impressions delivered within
that time. If such a dealer has been in good credit standing with this state for five consecutive years preceding the purchase, the tax commissioner shall not require that the dealer file such a bond but shall require payment for the stamps and meter impressions within thirty days after purchase of the stamps and meter impressions. Stamps and meter impressions sold to a dealer not required to file a bond shall be sold at face value. The maximum amount that may be sold on credit to a dealer not required to file a bond shall equal one hundred ten per cent of the dealer's average monthly purchases over the preceding calendar year. The maximum amount shall be adjusted to reflect any changes in the tax rate and may be adjusted, upon application to the tax commissioner by the dealer, to reflect changes in the business operations of the dealer. The maximum amount shall be applicable to the period of July through April. Payment by a dealer not required to file a bond shall be remitted by electronic funds transfer as prescribed by section 5743.051 of the Revised Code. If a dealer not required to file a bond fails to make the payment in full within the thirty-day period, the treasurer of state shall not thereafter sell stamps or meter impressions to that dealer until the dealer pays the outstanding amount, including penalty and interest on that amount as prescribed in this chapter, and the commissioner thereafter may require the dealer to file a bond until the dealer is restored to good standing. The
commissioner
shall
limit delivery of stamps and meter
impressions on credit to
the
period running from the first day of July of the
fiscal year
until
the first day of the following May.
Any discount allowed as
a
commission for affixing and canceling stamps or meter
impressions
shall be
allowed with respect to sales of stamps and
meter
impressions on credit.
The treasurer
of state shall redeem and pay for any
destroyed, unused, or spoiled tax stamps and any unused meter
impressions at their net value, and
shall refund to wholesale
dealers the net amount of state and county taxes paid erroneously
or paid on cigarettes
that have been sold in interstate or
foreign commerce or
that have become unsalable, and the net
amount of county taxes that were paid on cigarettes that have
been
sold at retail or for retail sale outside a taxing county.
An
application for a refund of tax shall be filed with the
tax
commissioner, on the form prescribed by the commissioner for
that
purpose,
within three years from the date the tax stamps are
destroyed or
spoiled, from the date of the erroneous payment, or
from the date
that cigarettes on which taxes have been paid have
been sold in
interstate or foreign commerce or have become
unsalable.
On the
filing of the application, the commissioner
shall
determine the
amount of refund
to which the applicant is
entitled, payable from receipts of
the state tax, and,
if
applicable, payable from receipts of a
county tax
. If the
amount
is less than that claimed, the commission commissioner shall certify
the
amount to the director of budget and
management
and
treasurer of
state for payment from the tax refund
fund
created
by section
5703.052 of the Revised Code.
If the
amount is less than that
claimed, the commissioner shall proceed
in accordance with section
5703.70 of the Revised Code.
If a
refund is
granted for payment of an illegal or erroneous
assessment issued
by the department, the refund shall include
interest on the
amount of the refund from the date of the
overpayment. The
interest shall be computed at the rate per annum
prescribed by
section 5703.47 of the Revised Code.
Sec. 5743.051. This section applies to any wholesale or retail cigarette dealer required by section 5743.05 of the Revised Code to remit payment for tax stamps and meter impressions by electronic funds transfer. The tax commissioner shall notify each dealer of the dealer's
obligation to do so and shall maintain an updated list of those
dealers.
Failure by the tax commissioner to notify a dealer subject to
this section to remit taxes by electronic funds transfer does not
relieve the dealer of its obligation to remit taxes by electronic
funds transfer.
A dealer required to
remit payments by electronic funds transfer shall remit such
payments to the treasurer of state in the manner prescribed by
rules adopted by the treasurer of state under section 113.061 of the
Revised Code and within the time prescribed for such a dealer by section
5743.05 of the Revised Code.
A dealer required to remit taxes by
electronic funds transfer may apply to the tax commissioner in
the manner prescribed by the tax commissioner to be excused from that
requirement. The tax commissioner may excuse the dealer from
remittance by electronic funds transfer for good cause shown for
the period of time requested by the dealer or for a portion of
that period.
If a dealer required to remit taxes by
electronic funds transfer remits those taxes by some other means, the treasurer of state shall notify
the tax commissioner of the failure to remit by electronic funds
transfer. If the tax commissioner determines that such failure was not due to reasonable
cause or was due to willful neglect, the tax commissioner may
collect an additional charge by assessment in the manner
prescribed by section 5743.081 of the Revised Code. The
additional charge shall equal five per cent of the amount of the
taxes required to be paid by electronic funds transfer but shall
not exceed five thousand dollars. Any additional charge assessed
under this section is in addition to any other penalty or charge
imposed under this chapter and shall be considered as revenue
arising from taxes imposed under this chapter. The tax
commissioner may abate all or a portion of such a charge and may
adopt rules governing such remissions.
No additional charge shall be assessed under this section
against a dealer that has been notified of its obligation to
remit taxes under this section and that remits its first two tax
payments after such notification by some means other than
electronic funds transfer. The additional charge may be assessed
upon the remittance of any subsequent tax payment that the dealer
remits by some means other than electronic funds transfer.
Sec. 5743.21. (A) No person shall affix a stamp required by
section 5743.03 of the Revised Code to any package that:
(1) Bears any label or notice prescribed by the United
States
to identify cigarettes exempt from taxation by the United
States
pursuant to section 5704(b) of the "Internal
Revenue
Code of
1986," 100 Stat. 2085, 26
U.S.C.A.
5704(b), including any notice or label described in 27
C.F.R.
290.185;
(2) Is not labeled in conformity with the "Federal
Cigarette
Labeling and Advertising Act," 79 Stat.
282, 15
U.S.C.A. 1331 (1965), or any other federal requirement for the placement of
labels, warnings, or other information applicable to packages of cigarettes
intended for domestic
consumption;
(3) Has been altered by anyone other than the manufacturer or
a person authorized by the manufacturer, including by the placement of a
sticker to cover information on or add information to the package;
(4) Has been imported or brought into the United
States after January 1, 2000, in violation of section 5754
of the "Internal Revenue Code of 1986," 100
Stat. 2085, 26 U.S.C.A. 5754, or regulations adopted under that
section;
(5) Is produced by a tobacco product manufacturer or is part of a brand family that is not included in the directory established under section 1346.05 of the Revised Code.
(B) No person shall sell or offer to sell any roll-your-own tobacco to any person in this state if the roll-your-own tobacco is not included in the directory established under section 1346.05 of the Revised Code. Any roll-your-own tobacco in the possession of a retail dealer in this state shall be prima facie evidence of offering to sell to a person in this state.
(C) Whenever the tax commissioner discovers any packages to which
stamps have been affixed in violation of this section, or any roll-your-own tobacco sold or offered for sale in violation of this section, the tax
commissioner may seize the packages or roll-your-own tobacco, which shall thereupon be
forfeited to the state, and shall order their the destruction of the packages or roll-your-own tobacco, provided that the
seizure and destruction shall not exempt any person from prosecution or from
the fine or imprisonment provided for the violation of this section.
(D) As used in this section, "roll-your-own" has the same meaning as in section 1346.01 of the Revised Code, and "tobacco product manufacturer" and "brand family" have the same meanings as in section 1346.04 of the Revised Code.
Sec. 5743.45. (A) As used in this section,
"felony"
has the same meaning as in section 109.511 of the Revised Code.
(B) For purposes of enforcing this chapter and
Chapters 5728., 5735., 5739., 5741., and 5747. of the Revised Code and subject to
division (C) of this section, the
tax commissioner, by journal entry, may delegate any
investigation powers of the commissioner to an employee of the
department of taxation who has been certified by the Ohio peace
officer training commission and who is engaged in the enforcement of
those chapters. A separate journal entry shall be entered for
each employee to whom that power is delegated. Each journal
entry shall be a matter of public record and shall be maintained
in an administrative portion of the journal as provided for in
division (L) of section 5703.05 of the Revised Code. When
that journal entry is completed, the employee to whom it pertains,
while engaged within the scope of the employee's duties in
enforcing the provisions of this chapter or Chapter 5728., 5735., 5739., 5741., or
5747. of the Revised Code, has the power of a police officer to
carry concealed weapons, make arrests, and obtain warrants for
violations of any provision in those chapters. The commissioner, at
any time, may suspend or revoke that the commissioner's delegation by
journal
entry. No employee of the department shall divulge any information acquired
as a
result of an investigation pursuant to this chapter or Chapter 5728.,
5735., 5739., 5741., or 5747. of the Revised Code, except as may
be required by the commissioner or a court.
(C)(1) The tax commissioner shall not delegate
any investigation powers to an employee of the department of
taxation pursuant to division (B) of this section on a
permanent basis, on a temporary basis, for a probationary term,
or on other than a permanent basis if the employee previously has
been convicted of or has pleaded guilty to a felony.
(2)(a) The tax commissioner shall revoke the
delegation of investigation powers to an employee to whom the
delegation was made pursuant to division (B) of this
section if that employee does either of the following:
(i) Pleads guilty to a felony;
(ii) Pleads guilty to a misdemeanor pursuant to a
negotiated plea agreement as provided in division (D) of
section 2929.29 of the Revised Code in which the
employee agrees to surrender the certificate awarded to that
employee under section 109.77 of the Revised Code.
(b) The tax commissioner shall suspend the
delegation of investigation powers to an employee to whom the
delegation was made pursuant to division (B) of this
section if that employee is convicted, after trial, of a
felony. If the employee files an appeal from that
conviction and the conviction is
upheld by the highest court to which the appeal is taken or if
the employee does not file a timely appeal, the commissioner
shall revoke the delegation of investigation powers to that
employee. If the employee files an appeal that results in that employee's
acquittal of the felony or conviction of a misdemeanor, or in the dismissal of
the felony charge against that employee, the commissioner
shall reinstate the delegation of investigation powers to that
employee. The suspension, revocation, and reinstatement of the
delegation of investigation powers to an employee under division
(C)(2) of this section shall be made by journal entry
pursuant to division (B) of this section. An employee to
whom the delegation of investigation powers is reinstated under
division (C)(2)(b) of this section shall
not receive any back pay for the exercise of those investigation
powers unless that employee's conviction of the felony was
reversed on appeal, or the felony charge was
dismissed, because the court found insufficient evidence to
convict the employee of the felony.
(3) Division (C) of this section does not apply
regarding an offense that was committed prior to
January 1, 1997.
(4) The suspension or revocation of the delegation of investigation powers
to an employee under division (C)(2) of this section shall be in
accordance with Chapter 119. of the Revised Code.
Sec. 5745.01. As used in this chapter:
(A)
"Electric company," and
"combined company," and "telephone company," have the same
meanings as in section 5727.01 of the Revised Code, except "telephone company" does not include a non profit corporation.
(B)
"Electric light company" has the same meaning as in
section
4928.01 of the Revised Code, and includes the activities
of a
combined company as an electric company, but excludes
nonprofit companies
and municipal corporations.
(C)
"Taxpayer" means an either of the following:
(1) An electric light company subject to
taxation by a municipal corporation in this state for a taxable
year,
excluding an
electric light company that is not an electric
company or a combined company and for which an election made under
section 5745.031 of the Revised Code is not in effect with respect
to the taxable
year. If such a company is a qualified subchapter
S subsidiary as
defined in section 1361 of the Internal Revenue
Code or a
disregarded entity, the company's parent S corporation
or owner is
the taxpayer for the purposes of this chapter and is
hereby deemed to have
nexus with this state under the Constitution
of the United
States for the purposes of this chapter.
(2) A telephone company subject to taxation by a municipal corporation in this state for a taxable year. A telephone company is subject to taxation under this chapter for any taxable year that begins on or after January 1, 2004. A telephone company with a taxable year ending in 2004 shall compute the tax imposed under this chapter, or shall compute its net operating loss carried forward for that taxable year, by multiplying the tax owed, or the loss for the taxable year, by fifty per cent.
(D)
"Disregarded entity" means an entity that, for its
taxable
year, is by default, or has elected to be, disregarded as
an entity
separate from its owner pursuant to 26 C.F.R.
301.7701-3.
(E)
"Taxable year" of a taxpayer is the taxpayer's taxable
year
for federal income tax purposes.
(F)
"Federal taxable income" means taxable income, before
operating loss deduction and special deductions, as required to be
reported
for the taxpayer's taxable year under the Internal
Revenue
Code.
(G)
"Adjusted federal taxable income" means federal taxable
income adjusted as follows:
(1) Deduct intangible income as defined in section 718.01 of
the Revised Code to the
extent
included in federal taxable income;
(2) Add expenses incurred in the production of such
intangible
income;
(3) If, with respect to a qualifying
taxpayer and a
qualifying asset there
occurs a qualifying taxable event, the
qualifying taxpayer
shall reduce its federal taxable income, as defined in division (F) of this section, by
the amount of the
book-tax differential difference for that qualifying asset
if the book-tax
differential difference is greater than zero, and shall
increase its federal
taxable income by the absolute value of the
amount of the book-tax
differential difference for that qualifying asset if
the book-tax
differential difference is less than zero. The adjustments
provided in
division (G)(3) of this section are
subject to
divisions (B)(3), (4),
and (5) of section 5733.0510 of the
Revised Code to the extent
those divisions apply to the
adjustments in that section for the
taxable year. A taxpayer
shall not deduct or add any amount under division
(G)(3) of this
section
with respect to a qualifying asset the sale, exchange, or
other
disposition of which resulted in the recognition of a gain
or loss
that the taxpayer deducted or added, respectively, under
division (G)(1) or (2) of this section.
For the purposes of division (G)(3) of this section,
"net
income"
has the same meaning as in section 5733.04 of the Revised
Code,
and "book-tax differential difference,"
"qualifying taxpayer,"
"qualifying
asset," and
"qualifying taxable event" have the same
meanings as in
section 5733.0510 of the Revised Code.
(4) If the taxpayer is not a C corporation and is not an individual, the taxpayer shall compute "adjusted federal taxable income" as if the taxpayer were a C corporation, except:
(a) Guaranteed payments and other similar amounts paid or accrued to a partner, former partner, or member or former member shall not be allowed as a deductible expense; and
(b) With respect to each owner or owner-employee of the taxpayer, amounts paid or accrued to a qualified self-employed retirement plan and amounts paid or accrued to or for health insurance or life insurance shall not be allowed as a deduction.
Nothing in this division shall be construed as allowing the taxpayer to deduct any amount more than once.
(5) Add or deduct the amounts described in section 5733.0511 of the Revised Code for qualifying telephone company taxpayers.
(H)
"Internal Revenue Code" means the
"Internal Revenue Code
of 1986," 100 Stat.
2085, 26 U.S.C.A. 1, as amended it existed on December 31, 2001.
(I)
"Ohio net income" means the amount determined under
division
(B) of section 5745.02 of the Revised Code.
Sec. 5745.02. (A) The annual report filed under section
5745.03
of the Revised Code determines a taxpayer's Ohio net
income and
the portion of Ohio net income to be apportioned to a
municipal
corporation.
(B) A taxpayer's Ohio net income is determined by
multiplying the
taxpayer's adjusted
federal taxable income by the
sum of the property factor multiplied
by one-third, the payroll
factor multiplied by one-third, and the sales factor
multiplied by
one-third.
If the denominator of one of the factors is zero, the
remaining two factors
each shall be multiplied by one-half instead
of one-third; if the denominator
of two of the factors is zero,
the remaining factor shall be multiplied by
one.
The property,
payroll, and sales factors shall be determined in the manner
prescribed by divisions (B)(1), (2), and (3) of this section.
(1) The property factor is a fraction, the numerator of
which
is the average value of the taxpayer's real and tangible
personal
property owned or rented, and used in
business in this state
during the taxable year, and the
denominator of which is the
average value of all the
taxpayer's real and tangible personal
property owned or
rented, and used in business everywhere during
such
year.
Property owned by the taxpayer is valued at its
original cost. Property rented by the taxpayer is valued at
eight
times the net annual rental rate.
"Net annual rental rate"
means
the annual rental rate paid by the taxpayer less any
annual rental
rate received by the taxpayer from subrentals.
The average value
of property shall be determined by
averaging the values at the
beginning and the end of the taxable
year, but the tax
commissioner may require the averaging of
monthly values during
the taxable year, if reasonably required to
reflect properly the
average value of the taxpayer's property.
(2) The payroll factor is a fraction, the numerator of
which
is the total amount paid in this state during the taxable
year by
the taxpayer for compensation, and the denominator of
which is the
total compensation paid everywhere by the
taxpayer during such
year. Compensation means any form of remuneration paid
to an
employee for personal services. Compensation is paid in this
state if:
(a) the
recipient's service is performed entirely
within this state, (b)
the recipient's service is performed both
within and without this
state, but the service performed without
this state is incidental
to the recipient's service within this
state, or (c) some of the
service is performed within this state
and either the base of
operations, or if there is no base of
operations, the place from
which the service is directed or
controlled is within this state,
or the base of operations or the
place from which the service is
directed or controlled is not in
any state in which some part of
the service is performed, but the
recipient's residence is in
this state.
(3) The sales factor is a fraction, the
numerator of which
is
the total sales in this state by the taxpayer during the
taxable
year, and the denominator of which is the total sales by
the
taxpayer everywhere during such year.
Sales of electricity shall
be sitused to this state in the manner
provided under section
5733.059 of the Revised Code.
In determining the
numerator and
denominator of the sales factor, receipts from the
sale or other
disposal of a capital asset or an asset described
in section 1231
of the Internal Revenue Code shall
be eliminated.
Also, in
determining the numerator and denominator of the sales
factor, in
the case of a reporting taxpayer owning at least
eighty per cent
of the issued and outstanding common stock of one
or more
insurance companies or public utilities, except an electric
company, a combined company, or a telephone company,
or owning at
least twenty-five per cent of the issued and
outstanding common
stock of one or more financial institutions,
receipts received by
the reporting taxpayer from such utilities,
insurance
companies, and financial institutions shall be
eliminated.
For the purpose of division (B)(3) of this
section, sales of
tangible personal property are in this
state where such property
is received in this state by the
purchaser. In the case of
delivery of tangible personal property
by common carrier or by
other means of transportation, the place
at which such property is
ultimately received after all
transportation has been completed
shall be considered as the
place at which such property is
received by the purchaser.
Direct delivery in this state, other
than for purposes of
transportation, to a person or firm
designated by a purchaser
constitutes delivery to the purchaser in
this state, and direct
delivery outside this state to a person or
firm designated by a
purchaser does not constitute delivery to the
purchaser in this
state, regardless of where title passes or other
conditions of
sale.
Sales, other than sales of electricity or tangible personal
property, are
in this state if either
the income-producing activity
is performed solely in this
state, or
the income-producing
activity is performed both
within and without this state and a
greater proportion of the
income-producing activity is
performed
within this state than in
any other state, based on costs of
performance.
For the purposes of division (B)(3) of this section, the tax commissioner may adopt rules to apportion sales within this state.
(C) The portion of a taxpayer's Ohio net income taxable
by
each
municipal corporation imposing an income tax shall be
determined by
multiplying the taxpayer's Ohio net income by the
sum of the
municipal
property factor multiplied by one-third, the
municipal payroll factor
multiplied by
one-third, and the
municipal sales factor multiplied by one-third,
and subtracting
from the product so obtained any
"municipal net
operating loss
carryforward from prior taxable years."
If the denominator of one
of the factors is zero, the remaining two factors
each shall be
multiplied by one-half instead of one-third; if the denominator
of
two of the factors is zero, the remaining factor shall be
multiplied by one.
In calculating the
"municipal net operating
loss carryforward from prior
taxable years" for each municipal
corporation, net operating losses are
apportioned in and out of a
municipal corporation for the taxable year in which
the net
operating loss occurs in the same manner that positive net income
would
have been so apportioned. Any net operating loss for a
municipal corporation
may be applied to subsequent net income in
that municipal corporation to reduce
that income to zero or until
the net operating loss has been fully used as a
deduction. The
unused portion of net operating losses for each taxable year
apportioned to a municipal corporation may only be applied against
the income
apportioned to that municipal corporation for five
subsequent taxable years.
Net operating losses occurring in
taxable years ending before 2002 may not be
subtracted under this
section.
A taxpayer's municipal property, municipal payroll, and
municipal
sales factors for a municipal corporation shall be
determined as provided in
divisions (C)(1), (2), and (3) of this
section.
(1) The municipal property factor is the quotient obtained
by
dividing (a) the average value of real and tangible personal
property owned or rented by the taxpayer and used in business in
the municipal
corporation during the taxable
year by (b) the
average value of all of the taxpayer's real
and
tangible personal
property owned or rented and used in business during that
taxable
year in this
state. The
value and average value of such property
shall be determined in the same
manner provided in
division (B)(1)
of this section.
(2) The municipal payroll factor is the quotient obtained by
dividing (a) the total amount of compensation earned in the
municipal corporation by the
taxpayer's employees during the
taxable year for services performed for the taxpayer and that is
subject to income tax
withholding by the
municipal corporation by
(b) the total amount of compensation paid by the
taxpayer to its
employees in this state during the taxable year.
Compensation has
the same meaning as in division (B)(2) of this section.
(3) The municipal sales
factor is a fraction, the numerator
of which
is the taxpayer's total sales in a municipal corporation
during the
taxable year, and the denominator of which is the
taxpayer's total sales
in this state during such year.
For the purpose of division (C)(3) of this section, sales of
tangible personal property are in the municipal corporation
where
such property is received in the municipal corporation by the
purchaser. Sales of electricity directly to the consumer, as
defined in
section 5733.059 of the Revised Code, shall be
considered sales of tangible
personal property. In the case of
the delivery of tangible personal property
by common carrier or by
other means of transportation, the place at which such
property
ultimately is received after all transportation has been completed
shall be considered as the place at which the property is received
by the
purchaser. Direct delivery in the municipal corporation,
other than
for purposes of
transportation, to a person or firm
designated by a purchaser
constitutes delivery to the purchaser in
that municipal corporation, and
direct
delivery outside the
municipal corporation to a person or firm designated by a
purchaser does not constitute delivery to the purchaser in that
municipal
corporation, regardless of where title passes or other
conditions of
sale. Sales, other than sales of tangible personal
property, are
in the municipal corporation if either:
(a) The income-producing activity is performed solely in
the
municipal corporation;
(b) The income-producing activity is performed both
within
and without the municipal corporation and a greater proportion of
the
income-producing activity is
performed within that municipal
corporation than
any other location in this state, based on costs
of performance.
For the purposes of division (C)(3) of this section, the tax commissioner may adopt rules to apportion sales within each municipal corporation.
(D) If a taxpayer is a combined company as defined in
section
5727.01 of the Revised Code, the municipal property,
payroll, and sales
factors under
division (C) of this section
shall be adjusted as follows:
(1) The numerator of the municipal property factor shall
include only the
value, as determined under division (C)(1) of
this
section, of the company's real and tangible property in the
municipal
corporation attributed to
the company's activity as an
electric company using the same
methodology prescribed under
section 5727.03 of the Revised Code
for taxable tangible personal
property.
(2) The numerator of the municipal payroll factor shall
include only
compensation paid in the municipal corporation by the
company to its employees
for
personal services rendered in the
company's activity as an
electric company.
(3) The numerator of the municipal sales factor shall
include only the
sales of tangible personal property and services,
as determined under division
(C)(3) of this section, made in the
municipal corporation in the
course of the company's activity as
an electric company.
(E)(1) If the provisions for apportioning adjusted federal
taxable income or Ohio net income under
division
divisions (B),
(C), and (D)
of this section do not fairly represent
business activity in this
state or among municipal corporations, the tax
commissioner may
adopt rules for apportioning such income by an alternative
method
that fairly represents business activity in this state or among
municipal corporations.
(2) If any of the factors determined under division (B),
(C), or (D) of this
section does not fairly represent the extent
of a taxpayer's business
activity in this state or among municipal
corporations, the taxpayer may
request, or the
tax commissioner
may require,
that the taxpayer's adjusted federal taxable income
or Ohio net
income
be determined by an alternative method,
including
any of the alternative methods enumerated in division
(B)(2)(d) of section 5733.05 of the Revised Code.
A taxpayer
requesting an alternative
method shall make the request in
writing
to the tax commissioner either with the annual report, a
timely
filed amended report, or a timely filed petition for
reassessment.
When the tax commissioner requires or permits an
alternative
method under division (E)(2) of this section, the tax
commissioner
shall cause a written
notice to that effect to be delivered to any
municipal corporation
that would be affected by application of the
alternative method.
Nothing in this division shall be construed
to extend any statute
of limitations under this chapter.
(F)(1) The tax commissioner may adopt rules providing for
the combination of
adjusted
federal taxable incomes of taxpayers
satisfying the ownership or control
requirements of section
5733.052 of the Revised Code if the tax commissioner
finds that
such
combinations are necessary to properly reflect adjusted
federal taxable
income,
Ohio net income, or the portion of Ohio
net income to be
taxable by municipal corporations.
(2) A taxpayer satisfying the ownership or control
requirements
of section 5733.052 of the Revised Code with respect
to one or
more other taxpayers may not combine their adjusted
federal taxable incomes
for the purposes of
this section unless
rules are adopted under division (F)(1) of this
section allowing
such a combination or the tax commissioner finds
that such a
combination is necessary to properly reflect the taxpayers'
adjusted federal
taxable incomes, Ohio
net incomes, or the portion
of Ohio net incomes to be subject to
taxation within a municipal
corporation.
(G) The tax commissioner may adopt rules providing for alternative apportionment methods for a telephone company.
Sec. 5745.04. (A) As used in this section,
"combined tax
liability" means the total of a taxpayer's income tax liabilities
to all
municipal corporations in this state for a taxable year.
(B) Beginning with its taxable year beginning in 2003, each
taxpayer
shall file a declaration of
estimated tax report with,
and remit estimated taxes to,
the tax commissioner,
payable to the
treasurer of
state, at the times
and in the amounts prescribed in
divisions (B)(1) to (4) of this
section. This division also
applies to a taxpayer having a
taxable year
consisting of fewer
than twelve months, at least one
of which is in 2002,
that ends
before January 1, 2003. The first taxable year a taxpayer is subject to this chapter, the estimated taxes the taxpayer is required to remit under this section shall be based solely on the current taxable year and not on the liability for the preceding taxable year.
(1) Not less than twenty-five per cent of the combined tax
liability
for the preceding taxable year or twenty per cent of the
combined tax liability for the current taxable year shall have
been remitted
not later than the fifteenth day of the fourth month
after the end
of the preceding taxable year.
(2) Not less than fifty per cent of the combined tax
liability
for the preceding taxable year or forty per cent of the
combined
tax liability for the current taxable year shall have
been remitted not
later than the fifteenth day of the sixth month
after the end of
the preceding taxable year.
(3) Not less than seventy-five per cent of the combined tax
liability
for the preceding taxable year or sixty per cent of the
combined tax liability for the current taxable year shall have
been
remitted not later than the fifteenth day of the ninth month
after
the end of the preceding taxable year.
(4) Not less than one hundred per cent of the combined tax
liability
for the preceding taxable year or eighty per cent of the
combined tax liability for the current taxable year shall have
been remitted
not later than the fifteenth day of the twelfth
month after the
end of the preceding taxable year.
(C) Each taxpayer shall report on the declaration of
estimated
tax report the portion of the remittance that the
taxpayer estimates that it
owes to each municipal corporation for
the taxable year.
(D) Upon receiving a declaration of estimated tax report and
remittance of estimated taxes under this section, the
tax
commissioner shall immediately forward to the treasurer of state
such remittance. The treasurer of
state shall
credit ninety-eight
and one-half per cent of the
remittance to the municipal income
tax fund and credit the
remainder to the municipal income tax
administrative fund.
(E) If any remittance of estimated taxes is for one thousand
dollars or more, the taxpayer shall make the remittance by
electronic
funds transfer as prescribed by section 5745.04 of the
Revised Code.
(F) Notwithstanding section 5745.08 or 5745.09 of the
Revised Code, no
penalty or
interest shall be imposed on a
taxpayer if the declaration of estimated tax
report is properly
filed, and the estimated tax is
paid,
within the time
prescribed
by
division (B) of this section.
Sec. 5747.02. (A) For the purpose of providing revenue for
the
support of schools and local government functions, to provide
relief to property taxpayers, to provide revenue for the general
revenue fund, and to meet the expenses of administering the tax
levied by this chapter, there is hereby levied on every
individual, trust,
and
estate residing in or earning or
receiving
income in
this state, on every individual, trust, and
estate
earning
or receiving
lottery winnings, prizes, or awards
pursuant
to
Chapter 3770. of
the Revised Code, and on every
individual,
trust, and estate
otherwise
having nexus with or in
this state
under the Constitution
of the
United States, an annual
tax
measured in the
case of individuals
by
Ohio adjusted gross income
less
an exemption for the
taxpayer, the
taxpayer's spouse, and
each
dependent as provided in section
5747.025 of the Revised
Code;
measured in the case of trusts by modified
Ohio taxable
income
under
division
(D) of this section; and measured in the
case of
estates
by
Ohio
taxable
income. The tax imposed by this
section on the
balance
thus obtained is
hereby levied as follows:
OHIO ADJUSTED GROSS INCOME LESS
EXEMPTIONS (INDIVIDUALS) |
|
OR |
|
MODIFIED
OHIO |
|
TAXABLE INCOME (TRUSTS) |
|
OR |
|
OHIO TAXABLE INCOME (ESTATES) |
TAX |
$5,000 or less |
|
.743% |
More than $5,000 but not more than $10,000 |
|
$37.15 plus 1.486% of the amount in excess of $5,000 |
More than $10,000 but not more than $15,000 |
|
$111.45 plus 2.972% of the amount in excess of $10,000 |
More than $15,000 but not more than $20,000 |
|
$260.05 plus 3.715% of the amount in excess of $15,000 |
More than $20,000 but not more than $40,000 |
|
$445.80 plus 4.457% of the amount in excess of $20,000 |
More than $40,000 but not more than $80,000 |
|
$1,337.20 plus 5.201% of the amount in excess of $40,000 |
More than $80,000 but not more than $100,000 |
|
$3,417.60 plus 5.943% of the amount in excess of $80,000 |
More than $100,000 but not more than $200,000 |
|
$4,606.20 plus 6.9% of the amount in excess of $100,000 |
More than $200,000 |
|
$11,506.20 plus 7.5% of the amount in excess of $200,000 |
In July of each year, beginning in 2005, the tax
commissioner
shall adjust the income amounts prescribed in this
division by
multiplying the percentage increase in the gross
domestic product
deflator computed that year under section
5747.025 of the Revised
Code by each of the income amounts
resulting from the adjustment
under this division in the preceding
year, adding the resulting
product to the corresponding income
amount resulting from the
adjustment in the preceding year, and
rounding the resulting sum
to the nearest multiple of fifty
dollars. The tax commissioner
also shall recompute each of the
tax dollar amounts to the extent
necessary to reflect the
adjustment of the income amounts. The
rates of taxation shall not
be adjusted.
The adjusted amounts apply to taxable years beginning in the
calendar year in which the adjustments are made. The tax
commissioner shall not make such adjustments in any year in which
the amount resulting from the adjustment would be less than the
amount resulting from the adjustment in the preceding year.
(B) If the director of budget and management makes a
certification to the tax commissioner under division (B)
of
section
131.44 of the Revised Code, the amount of tax as
determined under division (A)
of this section shall be reduced by
the percentage prescribed in that
certification for taxable years
beginning in the calendar year in which that
certification is
made.
(C) The levy of this tax on income does not prevent a
municipal
corporation, a joint economic development zone created
under section 715.691,
or a joint economic development district
created under
section 715.70 or 715.71 or sections 715.72 to
715.81 of the Revised Code from
levying a tax on income.
(D)
This division applies only
to taxable
years of a trust beginning in 2002, 2003, or 2004.
(1) The tax imposed by this section on a trust shall be
computed
by multiplying the
Ohio modified taxable income of the
trust
by the
rates prescribed by division (A) of this section.
(2) A credit is allowed against the tax computed under
division
(D) of this section equal to the lesser of (1) the tax
paid to
another state or the District of Columbia on
the trust's
modified nonbusiness
income, other than the portion of
the trust's nonbusiness income that is qualifying investment
income as defined in section 5747.012 of the Revised Code, or (2)
the effective tax rate, based on
modified
Ohio taxable income,
multiplied by the
trust's modified nonbusiness
income
other than the portion of trust's nonbusiness income that is
qualifying investment income. The credit applies before any other
applicable credits.
(3) The credits enumerated in divisions (A)(1) to
(13) of
section 5747.98 of the Revised Code do not apply to a
trust
subject to this division.
Any credits enumerated in other
divisions of section 5747.98 of the Revised Code apply to a trust
subject to this division. To the extent that the trust
distributes income for the taxable year for which a credit is
available to the trust, the credit shall be shared by the trust
and its beneficiaries. The tax commissioner and the trust shall
be guided by applicable regulations of the United States treasury
regarding the sharing of credits.
(E) For the purposes of this section, "trust" means any
trust described in Subchapter J
of Chapter 1 of the Internal
Revenue Code,
excluding
trusts that are not irrevocable as
defined in division (I)(3)(b) of section 5747.01 of the Revised
Code and that have no modified Ohio taxable income for the taxable
year, charitable remainder trusts, qualified funeral trusts and preneed funeral contract trusts established pursuant to section 1111.19 of the Revised Code that are not qualified funeral trusts, endowment and perpetual care trusts, qualified settlement trusts
and funds, designated settlement trusts and funds, and trusts
exempted from taxation under section 501(a)
of
the Internal
Revenue Code.
Sec. 5747.026. (A) For taxable years beginning on or after January 1, 2002, a member of the national guard or a member of a reserve component of the armed forces of the United States called to active or other duty under operation Iraqi freedom may apply to the tax commissioner for an extension for filing of the return and payment of taxes required under Chapter 5747. of the Revised Code during the period of the member's duty service and for sixty days thereafter. The application shall be filed on or before the sixtieth day after the member's duty terminates. An applicant shall provide such evidence as the commissioner considers necessary to demonstrate eligibility for the extension.
(B)(1) If the commissioner determines that an applicant is qualified for an extension under this section, the commissioner shall enter into a contract with the applicant for the payment of the tax in installments that begin on the sixty-first day after the applicant's duty under operation Iraqi freedom terminates. Except as provided in division (B)(3) of this section, the commissioner may prescribe such contract terms as the commissioner considers appropriate.
(2) If the commissioner determines that an applicant is qualified for an extension under this section, the applicant shall not be required to file any return, report, or other tax document before the sixty-first day after the applicant's duty under operation Iraqi freedom terminates.
(3) Taxes paid pursuant to a contract entered into under division (B)(1) of this section are not delinquent. The tax commissioner shall not require any payments of penalties or interest in connection with such taxes.
(C) The tax commissioner shall adopt rules necessary to administer this section, including rules establishing the following:
(1) Forms and procedures by which applicants may apply for extensions;
(2) Criteria for eligibility;
(3) A schedule for repayment of deferred taxes.
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. 5747.31. (A) This section applies to an individual or estate that is a
proprietor or a pass-through entity investor.
(B) A taxpayer described in division (A) of this section is allowed
a
credit that shall be computed and claimed in the same manner as the credit
allowed to corporations in section 5733.33 of the Revised Code.
The taxpayer shall claim one-seventh of the credit amount for the
calendar year in which the new manufacturing machinery and equipment is
purchased for use in the county by the taxpayer or partnership. One-seventh
of the taxpayer credit amount is allowed for each of the six ensuing taxable
years. The taxpayer shall claim the credit in the order required under
section
5747.98 of the Revised Code.
The taxpayer shall file with the department of development a
notice of intent to claim the credit in accordance with division
(E) of section 5733.33 of the Revised Code.
(C)(1) A taxpayer described in division (A) of this section is
allowed a credit that shall be computed in the same manner as the credit
allowed to a corporation in section 5733.39 of the Revised
Code, with the following adjustments:
(a) Substitute "taxable year" for "tax year" wherever "tax year"
appears in section 5733.39 of the Revised Code;
(b) Substitute "5747.02" for "5733.06" wherever "5733.06" appears
in section 5733.39 of the Revised Code;
(c) Substitute "5747.98" for "5733.98" wherever "5733.98" appears
in section 5733.39 of the Revised Code;
(d) The credit allowed under division (C) of this
section shall
be subject to the same disallowance for the carryover or carryback of any
unused credit as provided in division (C) of section
5733.39 of the Revised Code.
(2) Notwithstanding section 5747.131 5703.56 of the Revised Code
to the
contrary, a taxpayer claiming a credit under this division has the
burden of establishing by a preponderance of the evidence that the
doctrines enumerated in section 5747.131 5703.56 of the Revised Code
do
not apply with respect to the credit provided by this division.
(D) Nothing in this section shall be construed to limit or disallow
pass-through treatment of a pass-through entity's income, deductions, credits,
or other amounts necessary to compute the tax imposed by section 5747.02 of
the Revised Code and the credits allowed by this chapter.
Sec. 5901.021. (A) This section applies only to counties
having a
population, according to the most recent decennial
census, of more
than four five hundred thousand.
In
(B)(1) In any
such county
that is described in division (A)
of this section and in which the
veterans service
commission
submits a budget request under section
5901.11 of the
Revised Code
for the ensuing fiscal year that
exceeds
(1)
twenty-five-thousandths of one per cent of the
assessed value of
property in
the county or
(2) the amount
appropriated to the
commission from the
county general fund in the
current fiscal year
by more than ten
per cent of that
appropriation, the
board
of
county commissioners,
by resolution,
may create not more
than six
memberships on the
veterans service
commission in
addition to the
memberships
provided for by section
5901.02 of the
Revised Code.
The board
shall prescribe the number
of years
such
the additional
memberships
shall exist,
which shall not exceed five
years. Once
a board of
county
commissioners creates
such
any additional
memberships, it may
not create
further
additional memberships
under this
section if the total number of
such memberships
would exceed six.
The
board shall
appoint
persons who are residents of the county
and who are honorably
discharged or honorably separated veterans to each of the
additional
memberships, for terms prescribed by the board and
commencing on a
date fixed by the board.
Each person appointed to
an additional membership shall file, within sixty days after the
date of the appointment, the person's form DD214 with the
governor's office of veterans affairs in accordance with
guidelines established by the director of that office.
(2) If the board of county
commissioners appoints
such
additional
members
as described in division (B)(1) of this
section, the board may
permit the commission to submit an original
or revised budget
request for the ensuing fiscal year later than
the last Monday in
May, as otherwise required under section
5901.11 of the Revised
Code.
(C) The board of county commissioners may remove, for cause,
any
member
appointed under this
section;. The board shall provide for determine
whether
such
the additional members may be reappointed
upon the expiration of their
terms;, and shall fill any vacancy in
a
an additional membership appointed
under
this section for the
unexpired term in
the manner provided
for the
original
appointment.
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. 6103.02. (A) For the purpose of preserving and
promoting the public health and welfare, a board of county
commissioners may
acquire, construct, maintain, and operate any
public water supply
facilities within its county for
one or more
sewer districts
and may provide for their protection and
prevent their
pollution and unnecessary waste. The board may
negotiate and enter into a contract with any public agency or any
person for
the management, maintenance, operation, and repair of
the facilities on behalf
of the county, upon the terms and
conditions as may be agreed upon with the
agency or person and as
may be determined by the board to be in the interests
of the
county. By contract with any
public agency or any person
operating public water supply
facilities within or without
its
county, the board also may provide a supply of
water to a sewer
district from the facilities of the public agency or
person.
(B) The county sanitary engineer or
sanitary engineering
department, in addition to
other assigned duties,
shall assist
the board in the performance of its duties under
this chapter
and
shall be
charged with other duties and services in relation
to
the board's duties
as the board prescribes.
(C) The board may adopt, publish,
administer, and enforce
rules for the construction, maintenance,
protection, and use of
county-owned or county-operated public water
supply facilities
outside municipal corporations and of public water
supply
facilities
within municipal corporations that are owned or
operated by
the county or that are
supplied with water from water
supply
facilities owned or operated
by the county, including, but
not limited
to, rules for the establishment and use of any
connections, the termination in accordance with reasonable
procedures of water service for nonpayment of county water rates
and charges,
and the establishment and use of security deposits to
the extent considered
necessary to ensure the payment of county
water rates and charges.
The
rules shall not be inconsistent with
the laws of the state or
any applicable
rules of the director of
environmental protection.
(D) No public water
supply facilities shall be
constructed
in any
county outside municipal corporations by any person,
except for the purpose of supplying water to
those
municipal
corporations, until the plans and specifications for
the
facilities have been approved by the board. Construction
shall
be done under the supervision of the county sanitary engineer.
Any person constructing public water supply facilities shall pay
to the county
all
expenses incurred by the
board in connection
with the construction.
(E) The county sanitary engineer or the county sanitary
engineer's authorized assistants or agents, when properly
identified in
writing or otherwise and after written notice is
delivered to the owner at
least five days in advance or mailed at
least five days in advance by first
class or certified mail to the
owner's tax mailing address, may
enter
upon any public or private
property for the purpose of making, and
may make,
surveys or
inspections necessary for the design
or evaluation
of county
public water supply facilities. This entry is not a trespass and
is
not to be considered an entry in connection with any
appropriation of property
proceedings under sections 163.01 to
163.22 of the Revised
Code that may be pending. No person or
public
agency shall forbid the county sanitary engineer or the
county
sanitary
engineer's authorized assistants
or agents to
enter, or
interfere with their
entry, upon the property for
the
purpose of
making the
surveys or inspections. If actual damage
is
done
to
property by
the making of the surveys or
inspections,
the
board
shall pay
the reasonable value of the damage to the
property
owner, and the cost shall be included in
the cost of
the
facilities and may be
included in any special assessments
levied
and collected to pay that cost.
(F) The board shall fix reasonable rates, including
penalties for late payments, for
water supplied to public agencies
and persons when the source of supply
or the facilities for its
distribution
are owned or operated by the county and may change
the rates from time to time as it considers advisable. When
the
source of the water supply to be used by the county is owned
by
another public agency or
person, the schedule of rates to be
charged by the public agency or
person shall be approved by the
board at the
time it enters into a
contract for the use of water
from the public agency or person. When the
distribution
facilities are owned by the
county, the board also may fix
reasonable charges to be collected for
the privilege of
connecting to the distribution facilities and may require
that,
prior to the connection, the charges be paid in full or, if
determined
by the board to be equitable in a resolution relating
to the payment of the
charges, may require their payment in
installments, as considered
adequate by the board, at the times,
in the amounts, and with the security,
carrying charges, and
penalties as may be determined 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
county
auditor shall record and maintain the information so
supplied in the
waterworks record provided for in section 6103.16
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 other
charges for water supplied.
In addition, the board may consider
payments made to a school district under section 6103.25 of the
Revised Code when the board establishes rates and other charges
for water supplied.
(G) When any rates or charges are not
paid when due, the
board
may do any or all of the following:
(1) Certify the unpaid rates or charges, together with any
penalties, to the
county auditor. The county auditor shall place
the certified
amount 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 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
water service to
the particular property unless and 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 the unpaid
rates and charges,
together with any penalties, for water service
to the particular
property.
All moneys collected as rates, charges, or penalties fixed or
established
in accordance with division (F) of this section for
water supply
purposes in or for any sewer district shall be paid
to the county treasurer
and kept in a separate and distinct water
fund established by the board to the
credit of the district.
Each board that fixes water rates
or charges
may render
estimated bills periodically, provided that at least
quarterly it
shall
schedule an
actual
reading of each customer's meter so as
to
render
a bill for the actual amount shown by the meter reading
to be
due, with credit for prior payments of any estimated bills
submitted for
any part of the billing period, except that
estimated bills
may be rendered if a
customer's meter is not
accessible for a timely
reading or if the circumstances preclude a
scheduled reading. Each
board also shall establish
procedures
providing a fair and reasonable opportunity for the
resolution of
billing disputes.
When property to which water service is provided is about
to
be sold, any party to the sale or an agent of a
party may
request
the
board to have the meter at that property read and to
render,
within ten
days following the date on which the request is made, a
final
bill for all outstanding rates and charges for water
service.
The request shall be made at least fourteen days prior
to
the
transfer of the title of the property.
At any time prior to a certification under division (G)(1)
of
this section, the board shall accept any partial payment of
unpaid
water rates or charges in the amount of ten
dollars or
more.
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 water fund shall
be
applied first to the payment of the cost of the
management,
maintenance, and operation of
the water supply facilities
of, or
used or operated for, the sewer 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 water
supply facilities and, in
accordance with a cost
allocation plan adopted under division
(H)
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 the
purposes of 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 water supply 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 water fund shall not be expended
other than for the
use and benefit of
the district.
(H) 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 the
water
fund of the sewer district
created pursuant to
division
(G) of this section, and that
prescribes methods for
allocating
those costs. The plan shall authorize payment from
the fund 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. The plan
shall not authorize
payment
from the fund 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.
(I) A board of county commissioners shall not construct a public water supply facility that is within the boundaries of a regional water and sewer district established under Chapter 6119. of the Revised Code and that is within one thousand feet of a water resource project that is owned or operated by the district if the project is financed in whole or in part by obligations issued under Chapter 133., 6119., or 6121. of the Revised Code or by obligations issued by the state unless the facility is for the sole purpose of increasing water pressure in water transmission lines owned or operated by the board and will not be used to sell or otherwise provide water to customers to which the district supplies or may supply water from an existing water resource project or unless the district gives consent to the construction by adopting a resolution.
Sec. 6109.21. (A) Except as provided in divisions (D)
and
(E) of this section, on and after January 1, 1994, no person
shall
operate or maintain a public water system in this state
without a
license issued by the director of environmental
protection. A
person who operates or maintains a public water
system on January
1, 1994, shall obtain an initial license under
this section in
accordance with the following schedule:
(1) If the public water system is a community water
system,
not later than January 31, 1994;
(2) If the public water system is not a community water
system and serves a nontransient population, not later than
January 31, 1994;
(3) If the public water system is not a community water
system and serves a transient population, not later than January
31, 1995.
A person proposing to operate or maintain a new public
water
system after January 1, 1994, in addition to complying with
section 6109.07 of the Revised Code and rules adopted under it,
shall submit an application for an initial license under this
section to the director prior to commencing operation of the
system.
A license or license renewal issued under this section
shall
be renewed annually. Such a license or license renewal
shall
expire on the thirtieth day of January in the year
following its
issuance. A license holder that proposes to
continue operating
the public water system for which the license
or license renewal
was issued shall apply for a license renewal
at least thirty days
prior to that expiration date.
The director shall adopt, and may amend and rescind, rules
in
accordance with Chapter 119. of the Revised Code establishing
procedures governing and information to be included on
applications for licenses and license renewals under this
section.
Through June 30,
2004 2006, each application shall
be accompanied
by
the appropriate fee established under division
(M) of section
3745.11 of the Revised Code, provided that an
applicant for an
initial license who is proposing to operate or
maintain a new
public water system after January 1, 1994, shall
submit a fee that
equals a prorated amount of the appropriate fee
established under
that division for the remainder of the
licensing year.
(B) Not later than thirty days after receiving a completed
application and the appropriate license fee for an initial
license
under division (A) of this section, the director shall
issue the
license for the public water system. Not later than
thirty days
after receiving a completed application and the
appropriate
license fee for a license renewal under division (A)
of this
section, the director shall do one of the following:
(1) Issue the license renewal for the public water system;
(2) Issue the license renewal subject to terms and
conditions that the director determines are necessary to ensure
compliance with this chapter and rules adopted under it;
(3) Deny the license renewal if the director finds that the
public
water system was not operated in substantial compliance
with this
chapter and rules adopted under it.
(C) The director may suspend or revoke a license or
license
renewal issued under this section if the director finds that
the
public water system was not operated in substantial compliance
with this chapter and rules adopted under it. The director shall
adopt, and may amend and rescind, rules in accordance with
Chapter
119. of the Revised Code governing such suspensions and
revocations.
(D)(1) As used in division (D) of this section,
"church"
means a fellowship of believers, congregation, society,
corporation,
convention, or association that is formed primarily
or exclusively for
religious purposes and that is not formed or
operated for the private profit
of any person.
(2) This section does not apply to a church that operates or
maintains a
public water system solely to provide water for that
church or for a
campground that is owned by the church and
operated primarily or exclusively
for members of the church and
their families. A church that,
on or before March 5, 1996, has
obtained a license
under this section for such a public water
system need not obtain a license
renewal under this section.
(E) This section does not apply to any public or nonpublic
school that meets minimum standards of the state board of
education that
operates or maintains a public water system solely
to provide water for that
school.
Sec. 6111.06. (A) All proceedings of the director of
environmental protection, or his of the director's officers or
agents, under
sections 6111.01 to 6111.08 and sections 6111.31 to 6111.38 of
the Revised Code, including the adoption, issuance, modification,
rescission, or revocation of rules and regulations, permits,
orders, and notices, and the conduct of hearings, except
standards of water quality adopted pursuant to section 6111.041
of the Revised Code, shall be subject to and governed by sections
119.01 to 119.13, and Chapter 3745. of the Revised Code.
(B) The director shall not refuse to issue a permit, nor
modify or revoke a permit already issued, unless the applicant or
permit holder has been afforded an opportunity for a hearing
prior to the refusal to issue the permit or prior to the
modification or revocation of the permit.
(C) Whenever the director officially determines that an
emergency exists requiring immediate action to protect the public
health or welfare, he the director may, without notice or
hearing, issue an
order reciting the existence of the emergency and requiring that
such action be taken as is necessary to meet the emergency.
Notwithstanding division (A) of this section, such order shall be
effective immediately. Any person to whom such order is directed
shall comply therewith immediately, but on application to the
director shall be afforded a hearing as soon as possible, and not
later than twenty days after such application. On the basis of
such hearing, the director shall continue such order in effect,
revoke it, or modify it. No such emergency order shall remain in
effect for more than sixty days after its issuance.
Sec. 6115.09. Within thirty days after the sanitary district
has been declared a corporation by the court, the clerk of such
court shall transmit to the secretary of state, and to the
county recorder in each of the counties having lands in said
district, copies of the findings and the decree of the court
incorporating said district. The same shall be filed and
recorded in the office of the secretary of state in the same
manner as articles of incorporation are required to be filed and
recorded under the general law concerning corporations. Copies
shall also be filed and become permanent records in the office
of the recorder of each county in which a part of the district
lies. Each recorder shall receive a base fee of one dollar for
filing and preserving such copies and a housing trust fund fee of one dollar pursuant to section 317.36 of the Revised Code, and the secretary of state
shall receive for filing and for recording said copies such fees
as are provided by law for like services in similar cases.
Sec. 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.
Sec. 6119.06. Upon the declaration of the court of common
pleas organizing the regional water and sewer district pursuant
to section 6119.04 of the Revised Code and upon the qualifying of
its board of trustees and the election of a president and a
secretary, said district shall exercise in its own name all the
rights, powers, and duties vested in it by Chapter 6119. of the
Revised Code, and, subject to such reservations, limitations and
qualifications as are set forth in this Chapter, such district
may:
(A) Adopt bylaws for the regulation of its affairs, the
conduct of its business, and notice of its actions;
(B) Adopt an official seal;
(C) Maintain a principal office and suboffices at such
places within the district as it designates;
(D) Sue and plead in its own name; be sued and impleaded
in its own name with respect to its contracts or torts of its
members, employees, or agents acting within the scope of their
employment, or to enforce its obligations and covenants made
under sections 6119.09, 6119.12, and 6119.14 of the Revised Code.
Any such actions against the district shall be brought in the
court of common pleas of the county in which the principal office
of the district is located, or in the court of common pleas of
the county in which the cause of action arose, and all summonses,
exceptions, and notices of every kind shall be served on the
district by leaving a copy thereof at the principal office with
the person in charge thereof or with the secretary of the
district;.
(E) Assume any liability or obligation of any person or
political subdivision, including a right on the part of such
district to indemnify and save harmless the other contracting
party from any loss, cost, or liability by reason of the failure,
refusal, neglect, or omission of such district to perform any
agreement assumed by it or to act or discharge any such
obligation;
(F) Make loans and grants to political subdivisions for
the acquisition or construction of water resource projects by
such political subdivisions and adopt rules, regulations, and
procedures for making such loans and grants;
(G) Acquire, construct, reconstruct, enlarge, improve,
furnish, equip, maintain, repair, operate, lease or rent to or
from, or contract for operation by or for, a political
subdivision or person, water resource projects within or without
the district, except that no water resource project shall be constructed within one thousand feet of a water supply facility that is owned or operated by a municipal corporation or a board of county commissioners pursuant to Chapter 6103. of the Revised Code if the facility is financed in whole or in part by obligations issued under Chapter 133., 6103., or 6121. of the Revised Code or by obligations issued by the state unless the project is for the sole purpose of increasing water pressure in water transmission lines owned or operated by the district and will not be used to sell or otherwise provide water to customers to which the municipal corporation or county supplies or may supply water from an existing water supply facility or unless the municipal corporation or the county, as applicable, gives consent to the construction by adopting an ordinance or a resolution;
(H) Make available the use or service of any water
resource project to one or more persons, one or more political
subdivisions, or any combination thereof;
(I) Levy and collect taxes and special assessments;
(J) Issue bonds and notes and refunding bonds and notes as
provided in Chapter 6119. of the Revised Code;
(K) Acquire by gift or purchase, hold, and dispose of real
and personal property in the exercise of its powers and the
performance of its duties under Chapter 6119. of the Revised
Code;
(L) Dispose of, by public or private sale, or lease any
real or personal property determined by the board of trustees to
be no longer necessary or needed for the operation or purposes of
the district;
(M) Acquire, in the name of the district, by purchase or
otherwise, on such terms and in such manner as it considers
proper, or by the exercise of the right of condemnation in the
manner provided by section 6119.11 of the Revised Code, such
public or private lands, including public parks, playgrounds, or
reservations, or parts thereof or rights therein, rights-of-way,
property, rights, easements, and interests as it considers
necessary for carrying out Chapter 6119. of the Revised Code, but
excluding the acquisition by the exercise of the right of
condemnation of any waste water facility or water management
facility owned by any person or political subdivision, and
compensation shall be paid for public or private lands so taken;
(N) Adopt rules and regulations to protect augmented flow
by the district in waters of the state, to the extent augmented
by a water resource project, from depletion so it will be
available for beneficial use, to provide standards for the
withdrawal from waters of the state of the augmented flow created
by a water resource project which is not returned to the waters
of the state so augmented, and to establish reasonable charges
therefor, if considered necessary by the district;
(O) 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 under
Chapter 6119. of the Revised Code;
(P) Enter into contracts with any person or any political
subdivision to render services to such contracting party for any
service the district is authorized to provide;
(Q) Make provision for, contract for, or sell any of its
by-products or waste;
(R) Exercise the power of eminent domain in the manner
provided in Chapter 6119. of the Revised Code;
(S) Remove or change the location of any fence, building,
railroad, canal, or other structure or improvement located in or
out of the district, and in case it is not feasible or economical
to move any such building, structure, or improvement situated in
or upon lands required, and if the cost is determined by the
board to be less than that of purchase or condemnation, to
acquire land and construct, acquire, or install therein or
thereon buildings, structures, or improvements similar in
purpose, to be exchanged for such buildings, structures, or
improvements under contracts entered into between the owner
thereof and the district;
(T) Receive and accept, from any federal or state agency,
grants for or in aid of the construction of any water resource
project, 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;
(U) Purchase fire and extended coverage and liability
insurance for any water resource project and for the principal
office and suboffices of the district, insurance protecting the
district 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 district may agree to
provide under any resolution authorizing its water resource
revenue bonds or in any trust agreement securing the same;
(V) Charge, alter, and collect rentals and other charges
for the use of services of any water resource project as provided
in section 6119.09 of the Revised Code. Such district may refuse
the services of any of its projects if any of such rentals or
other charges, including penalties for late payment, are not paid
by the user thereof, and, if such rentals or other charges are
not paid when due and upon certification of nonpayment to the
county auditor, such rentals or other charges constitute a lien
upon the property so served, shall be placed by him the auditor
upon the real
property tax list and duplicate, and shall be collected in the
same manner as other taxes;.
(W) Provide coverage for its employees under Chapters
145., 4123., and 4141. of the Revised Code;
(X) Merge or combine with any other regional water and
sewer district into a single district, which shall be one of the
constituent districts, on terms so that the surviving district
shall be possessed of all rights, capacity, privileges, powers,
franchises, and authority of the constituent districts and shall
be subject to all the liabilities, obligations, and duties of
each of the constituent districts and all rights of creditors of
such constituent districts shall be preserved unimpaired, limited
in lien to the property affected by such liens immediately prior
to the time of the merger and all debts, liabilities, and duties
of the respective constituent districts shall thereafter attach
to the surviving district and may be enforced against it, and
such other terms as are agreed upon, provided two-thirds of the
members of each of the boards consent to such merger or
combination. Such merger or combination shall become legally
effective unless, prior to the ninetieth day following the later
of the consents, qualified electors residing in either district
equal in number to a majority of the qualified electors voting at
the last general election in such district file with the
secretary of the board of trustees of their regional water and
sewer district a petition of remonstrance against such merger or
combination. The secretary shall cause the board of elections of
the proper county or counties to check the sufficiency of the
signatures on such petition.
(Y) Exercise the powers of the district without obtaining
the consent of any other political subdivision, provided that all
public or private property damaged or destroyed in carrying out
the powers of the district shall be restored or repaired and
placed in its original condition as nearly as practicable or
adequate compensation made therefor by the district;
(Z) Require the owner of any premises located within the
district to connect his the owner's premises to a water resource
project
determined to be accessible to such premises and found to require
such connection so as to prevent or abate pollution or protect
the health and property of persons in the district. Such
connection shall be made in accordance with procedures
established by the board of trustees of such district and
pursuant to such orders as the board may find necessary to ensure
and enforce compliance with such procedures;.
(AA) Do all acts necessary or proper to carry out the
powers granted in Chapter 6119. of the Revised Code.
Sec. 6119.10. The board of trustees of a regional water
and sewer district or any officer or employee designated by
the board may make any contract for the purchase of supplies or
material or for labor for any work, under the supervision of the
board, the cost of which shall not exceed fifteen twenty-five thousand
dollars.
When an expenditure, other than for the acquisition of real
estate and interests in real estate, the discharge of
noncontractual claims, personal services, the joint use of
facilities or the exercise of powers with other political
subdivisions, or the product or services of public utilities,
exceeds fifteen twenty-five thousand dollars, the
expenditures shall be made
only after a notice calling for bids has been published not less
than two consecutive weeks in at least one newspaper having a
general circulation within the district. If the bids are for a
contract for the construction, demolition, alteration, repair, or
reconstruction of an improvement, the board may let the contract
to the lowest and best bidder who meets the requirements of
section 153.54 of the Revised Code. If the bids are for a
contract for any other work relating to the improvements for
which a regional water and sewer district was established, the
board of trustees of the regional water and sewer district may
let the contract to the lowest or best bidder who gives a good
and approved bond with ample security conditioned on the carrying
out of the contract. The contract shall be in writing and
shall
be accompanied by or shall refer to plans and specifications for
the work to be done, approved by the board. The plans and
specifications shall at all times be made and considered part of
the contract. The contract shall be approved by the board and
signed by its president or other duly authorized officer and by
the contractor. In case of a real and present emergency, the
board of trustees of the district, by two-thirds vote of all
members, may authorize the president or other duly authorized officer
to enter into a contract for work to be done or for the purchase
of supplies or materials without formal bidding or advertising.
All contracts shall have attached the certificate required by
section 5705.41 of the Revised Code duly executed by the
secretary of the board of trustees of the district. The district
may make improvements by force account or direct labor, provided that,
if the estimated cost of supplies or material for any such
improvement exceeds fifteen twenty-five thousand dollars, bids shall be
received
as provided in this section. For the purposes of the competitive
bidding requirements of this section, the board shall not sever a
contract for supplies or materials and labor into separate
contracts for labor, supplies, or materials if the
contracts are
in fact a part of a single contract required to be bid
competitively under this section.
Sec. 6301.05. The chief elected official of a municipal
corporation that is the type of local area defined in division
(A)(1) of section
6301.01 of the Revised Code or is in the type of local area
defined in division (A)(3) of that section shall enter into a
written partnership grant agreement with the director of job and family services in
accordance with
section 5101.213 5101.20 of the Revised Code.
The board of county commissioners of a county that is the type of
local area defined in division (A)(2) of section 6301.01 of the
Revised Code or is in the type of
local area defined in division (A)(3) of that section shall enter
into a written partnership agreement with the director of job and family
services in accordance
with section 5101.21 of the Revised Code.
A grant agreement entered into pursuant to this section shall include the responsibility of municipal corporations and the board of county commissioners to be accountable to the department of job and family services for the use of funds provided through the "Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C. 2801, as amended, including regulations issued by the United States department of labor pursuant to that act.
Sec. 6301.07. (A) Every workforce policy board, with the
agreement of the chief elected officials of the local area, and
after holding
public hearings that allow public comment and
testimony, shall prepare
a workforce development plan
and
incorporate that plan into and attach that plan to the
partnership
agreement required under section 6301.05 of the
Revised Code. The
plan shall accomplish all of the
following:
(1) Identify the workforce investment needs of businesses in
the
local area, identify projected employment opportunities, and
identify
the job skills necessary to obtain those opportunities;
(2) Identify the local area's workforce development needs
for
youth, dislocated workers, adults, displaced homemakers,
incumbent
workers, and any other group of workers identified by
the workforce
policy board;
(3) Determine the distribution of workforce development
resources
and funding to be distributed for each workforce
development activity to meet the identified needs,
utilizing
the
funds allocated pursuant to the "Workforce Investment
Act of
1998," 112 Stat. 936, 29
U.S.C.A. 2801, as amended;
(4)
Give priority to youth receiving independent living
services pursuant to sections 2151.81 to 2151.84 of the Revised
Code when determining distribution of workforce development
resources and workforce development activity funding;
(5) Review the minimum curriculum required by the state
workforce
policy board for certifying training providers and
identify any
additional curriculum requirements to include in
contracts between the
training providers and the chief elected
officials of the local area;
(6) Establish performance standards for service providers
that
reflect local workforce development needs;
(7) Describe any other information the chief elected
officials of
the local area require.
(B) A workforce policy board may provide policy guidance and
recommendations to the chief elected officials of a local area for
any
workforce development activities.
(C) Nothing in this section prohibits the chief elected
officials
of a local area from assigning, through a partnership
agreement,
any duties in addition to the duties under this section
to a
workforce policy board, except that a workforce policy board
cannot contract with itself for the direct provision of services
in its local area. A workforce policy board may consult with the
chief elected officials of its local area and make recommendations
regarding the workforce development activities provided in its
local area at any time.
Section 2. That existing sections 9.01, 9.83, 101.34, 101.72, 101.82, 102.02, 109.57, 109.572, 109.71, 117.101, 117.16, 117.44, 117.45, 119.035, 121.04, 121.08,
121.084, 121.41, 121.48, 121.62, 122.011, 122.04, 122.08, 122.17, 122.171, 122.25, 122.651, 122.658,
122.87, 122.88, 123.01, 124.03, 124.15, 124.152, 124.181, 125.15, 125.91, 125.92, 125.93, 125.95, 125.96,
125.98, 127.16, 131.02, 131.23, 131.35, 145.38, 147.01, 147.37, 149.011, 149.30, 149.31, 149.33,
149.331, 149.332, 149.333, 149.34, 149.35, 153.65, 164.27, 165.09, 173.06, 173.061, 173.062, 173.07, 173.071, 173.14, 173.26, 173.54, 175.03, 175.21, 175.22, 183.02, 306.35, 306.99,
307.86, 307.87, 307.93, 307.98, 307.981, 307.987, 311.17, 317.32, 321.24, 323.01, 323.13, 325.31,
329.03, 329.04, 329.05, 329.051, 329.06, 340.021, 340.03, 341.05, 341.25, 504.03, 504.04, 505.376, 507.09, 511.12, 515.01, 515.07, 521.05, 715.013, 718.01, 718.02, 718.05, 718.11, 718.14, 718.15, 718.151, 731.14, 731.141, 735.05, 737.03, 753.22, 901.17, 901.21, 901.22, 901.63, 902.11, 921.151, 927.53, 927.69, 929.01, 955.51, 1309.109, 1317.07, 1321.21,
1333.99, 1337.11, 1346.02, 1501.04, 1503.05, 1513.05, 1515.08, 1519.05, 1521.06, 1521.063, 1531.26, 1533.08, 1533.10, 1533.101, 1533.11, 1533.111,
1533.112, 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, 1541.10, 1563.42, 1702.59, 1711.13, 1711.15, 1711.17, 2101.16,
2117.06, 2117.25, 2133.01, 2151.352, 2151.3529, 2151.3530, 2151.83, 2151.84, 2152.19, 2301.58, 2305.234, 2329.07, 2329.66, 2505.13,
2715.041, 2715.045, 2716.13, 2743.02, 2743.60, 2915.01, 2915.02, 2915.08, 2915.09, 2915.091, 2915.092, 2915.093, 2915.10, 2915.101, 2915.13, 2917.41, 2921.13, 2923.35, 2925.44, 2929.38, 2933.43, 2935.01, 2935.36, 2949.091, 3111.04, 3119.01, 3121.01, 3123.952, 3125.12, 3301.0710, 3301.0711, 3301.0714, 3301.52, 3301.53, 3301.54, 3301.55,
3301.57, 3301.58, 3301.68, 3301.80, 3302.03, 3311.05, 3311.24, 3311.26, 3313.41, 3313.843, 3313.976, 3313.978, 3313.979, 3313.981, 3314.02, 3314.041, 3314.07, 3314.08, 3314.17, 3316.031, 3316.08, 3317.012, 3317.013,
3317.014, 3317.022, 3317.023, 3317.024, 3317.029, 3317.0217, 3317.03,
3317.032, 3317.05, 3317.064, 3317.07, 3317.09, 3317.10, 3317.15, 3317.16, 3318.01, 3318.03, 3318.042, 3318.05, 3318.06, 3318.08, 3318.30, 3318.31, 3318.37, 3318.41, 3319.01, 3319.02, 3319.03, 3319.07, 3319.19, 3319.22, 3319.33, 3319.36, 3323.16, 3327.01, 3327.011, 3329.06, 3329.08, 3332.04, 3333.12, 3353.11, 3361.01, 3375.41, 3377.01, 3377.06, 3383.01, 3383.07, 3501.18, 3501.30, 3503.10, 3505.01, 3505.061, 3505.08, 3505.10, 3517.092, 3701.02, 3701.021, 3701.022, 3701.024, 3701.141, 3701.145,
3701.342, 3701.82, 3701.83, 3701.881, 3701.99, 3702.31, 3702.529, 3702.53, 3702.532, 3702.54, 3702.544, 3702.55, 3702.60, 3702.61, 3702.68, 3702.74, 3705.01, 3705.23, 3705.24, 3709.09, 3710.05, 3710.07, 3711.021, 3721.02, 3721.121,
3721.19, 3721.51, 3721.56, 3722.151, 3733.43, 3733.45, 3734.02, 3734.05, 3734.12,
3734.123, 3734.124, 3734.18, 3734.28, 3734.42, 3734.44, 3734.46, 3734.57, 3735.27, 3735.67, 3735.671, 3737.01, 3737.02, 3737.03, 3737.21, 3737.22, 3737.65, 3737.71, 3737.81, 3737.82, 3737.83, 3737.84, 3737.85, 3737.86, 3737.88, 3737.881, 3737.882, 3737.883, 3737.89, 3737.91, 3737.92, 3737.98, 3741.14, 3743.57, 3743.75, 3745.04, 3745.11, 3745.14, 3745.40, 3746.02, 3746.13, 3747.16, 3748.07, 3748.13, 3769.087, 3770.07, 3770.10, 3770.12, 3770.99, 3773.33, 3773.43, 3781.07, 3781.19, 3901.491, 3901.501, 3901.72, 3901.86, 4104.01,
4104.02, 4104.04, 4104.06, 4104.07, 4104.08, 4104.15, 4104.18, 4104.19, 4104.20,
4104.41, 4104.44, 4104.45, 4104.46, 4105.17, 4112.15, 4115.10, 4117.02, 4117.14, 4123.27, 4123.41, 4141.04, 4141.09, 4141.23, 4301.03, 4301.19, 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, 4501.06, 4503.101, 4503.103, 4505.06, 4506.14, 4506.15, 4506.16, 4506.20, 4506.24, 4508.08, 4509.60, 4511.33, 4511.62, 4511.63, 4519.55, 4707.071,
4707.072, 4707.10, 4709.12, 4717.07, 4717.09, 4719.01, 4723.01, 4723.06, 4723.07, 4723.08, 4723.082, 4723.17, 4723.271, 4723.34, 4723.35, 4723.431, 4723.63, 4729.01, 4729.41, 4731.27, 4731.65, 4731.71,
4734.15, 4736.12, 4743.05, 4747.05, 4747.06, 4747.07, 4747.10, 4749.01, 4749.02, 4749.03, 4749.04, 4749.05, 4749.06, 4749.07, 4749.08, 4749.10, 4749.11, 4749.12, 4749.13, 4749.14,
4751.06, 4751.07, 4755.03, 4759.08, 4771.22, 4779.08, 4779.17, 4779.18, 4903.24, 4905.79, 4905.91,
4919.79, 4928.62, 4928.63, 4931.45, 4931.47, 4931.48, 4973.17, 4981.20, 5101.11, 5101.14, 5101.141, 5101.142, 5101.144,
5101.145, 5101.146, 5101.16, 5101.162, 5101.18, 5101.181, 5101.21, 5101.211, 5101.212, 5101.22, 5101.24, 5101.26, 5101.27, 5101.28, 5101.35, 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,
5111.0112, 5111.02, 5111.021, 5111.022,
5111.03, 5111.06, 5111.082, 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, 5111.34, 5111.85, 5111.87, 5111.871, 5111.872, 5111.873, 5111.92, 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, 5120.52, 5123.01, 5123.051, 5123.19, 5123.60, 5123.801, 5126.01, 5126.042, 5126.11, 5126.12, 5126.121, 5126.15, 5126.18, 5126.44, 5139.04, 5139.04, 5139.33, 5139.34, 5139.36, 5139.41, 5139.43, 5139.87, 5153.122, 5153.16, 5153.163,
5153.60, 5153.69, 5153.72, 5153.78, 5301.68, 5301.691, 5310.15, 5502.01, 5502.13, 5549.21, 5703.052, 5705.39, 5705.41, 5705.412, 5709.20, 5709.21, 5709.22, 5709.25, 5709.26, 5709.27, 5709.61, 5709.62, 5709.63, 5709.632, 5709.64, 5711.02, 5711.13, 5711.18, 5711.22, 5711.27, 5711.33, 5713.07, 5713.08, 5713.081, 5713.082, 5713.30, 5715.27, 5715.39, 5717.03, 5719.07, 5727.111, 5727.30, 5727.32, 5727.33, 5727.56, 5727.84, 5728.04, 5728.06, 5728.99, 5733.04, 5733.05, 5733.051, 5733.056, 5733.059, 5733.06, 5733.0611, 5733.09, 5733.121, 5733.18, 5733.22, 5733.45, 5733.98, 5735.05, 5735.14, 5735.142, 5735.15, 5735.19, 5735.23, 5735.26, 5735.291, 5735.30, 5735.99, 5739.01, 5739.011, 5739.012, 5739.02, 5739.021, 5739.022, 5739.023, 5739.025, 5739.026, 5739.03, 5739.032, 5739.033, 5739.10, 5739.12, 5739.121, 5739.122, 5739.17, 5739.21, 5739.33, 5741.01, 5741.02, 5741.021, 5741.022, 5741.023, 5741.121, 5743.05, 5743.21, 5743.45, 5745.01, 5745.02, 5745.04, 5747.02, 5747.12, 5747.31, 5901.021, 6101.09, 6103.02, 6109.21, 6111.06, 6115.09, 6117.02, 6119.06, 6119.10, 6301.05, and 6301.07, and sections 122.12, 125.931, 125.932, 125.933, 125.934, 125.935, 131.38, 179.01, 179.02, 179.03, 179.04, 319.311, 504.21, 718.03, 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, 3301.078, 3301.0719, 3301.0724, 3301.31, 3301.581, 3313.82, 3313.83, 3313.94, 3317.11, 3318.033, 3318.052, 3318.35, 3319.06, 3319.34, 3701.142, 3701.144, 3702.543, 3702.581, 4104.42, 4104.43, 4141.044, 4141.045, 5101.213, 5101.251, 5108.05, 5111.017, 5111.173, 5115.011, 5115.012, 5115.06, 5115.061, 5139.42, 5139.45, 5709.211, 5709.23, 5709.231, 5709.24, 5709.30, 5709.31, 5709.32, 5709.33, 5709.34, 5709.35, 5709.36, 5709.37, 5709.45, 5709.46, 5709.47, 5709.48, 5709.49, 5709.50, 5709.51, 5709.52, 5727.39, 5727.44, 5733.111, 5735.33, 5739.034, 5739.35, 5741.011, 5741.24, 5743.46, 5747.131, 5747.60, 6111.31, 6113.311, 6111.32, 6111.34, 6111.35, 6111.36, 6111.37, 6111.38, and 6111.39 of the Revised Code are hereby repealed.
Section 3.01. That the version of section 921.22 of the Revised Code that is scheduled to take effect July 1, 2004, be amended to read as follows:
Sec. 921.22. The pesticide program fund is hereby
created in
the state
treasury. All The portion of the money in the fund that is collected under this chapter shall be
used to carry
out the purposes of
this chapter. The portion of the money in the fund that is collected under section 927.53 of the Revised Code shall be used to carry out the purposes specified in that section, 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, division (F) of section 927.53, 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 307.93, 2152.19, 2929.38, 4506.14, 4506.15, 4506.16,4506.20, 4511.33, 4511.62, 4511.63, and 4511.75 of the Revised Code that are scheduled to take effect January 1, 2004, be amended to read as follows:
Sec. 307.93. (A) The boards of county commissioners of
two
or more adjacent counties may contract for the joint
establishment
of a multicounty correctional center, and the board
of county
commissioners of a county or the boards of two or more
counties
may contract with any municipal corporation or municipal
corporations located in that county or those counties for the
joint establishment of a municipal-county or
multicounty-municipal
correctional center. The center shall
augment county and, where
applicable, municipal jail programs and
facilities by providing
custody and rehabilitative programs for
those persons under the
charge of the sheriff of any of the
contracting counties or of the
officer or officers of the
contracting municipal corporation or
municipal corporations
having charge of persons incarcerated in
the municipal jail,
workhouse, or other correctional facility who,
in the opinion of
the sentencing court, need programs of custody
and rehabilitation
not available at the county or municipal jail
and by providing
custody and rehabilitative programs in accordance
with division
(C) of this section, if applicable. The contract
may include,
but need not be limited to, provisions regarding the
acquisition,
construction, maintenance, repair, termination of
operations, and
administration of the center. The contract shall
prescribe the
manner of funding of, and debt assumption for, the
center and the
standards and procedures to be followed in the
operation of the
center. Except as provided in division
(H) of
this section, the contracting counties and
municipal corporations
shall form a corrections commission to oversee the administration
of the center. Members of the commission shall consist of the
sheriff of each participating county, the president of the board
of county commissioners of each participating county, the
presiding judge of the court of common pleas of each
participating
county, or, if the court of common pleas of a
participating county
has only one judge, then that judge, the
chief of police of each
participating municipal corporation, the
mayor or city manager of
each participating municipal
corporation, and the presiding judge
or the sole judge of the
municipal court of each participating
municipal corporation. Any
of the foregoing officers may appoint
a designee to serve in the officer's
place on the corrections
commission. The standards and
procedures shall be formulated and
agreed to by the commission
and may be amended at any time during
the life of the contract by
agreement of the parties to the
contract upon the advice of the
commission. The standards and
procedures formulated by the
commission shall include, but need
not be limited to, designation
of the person in charge of the
center, the categories of
employees to be employed at the center,
the appointing authority
of the center, and the standards of
treatment and security to be
maintained at the center. The person
in charge of, and all
persons employed to work at, the center
shall have all the powers
of police officers that are necessary
for the proper
performance of the duties relating to their
positions at the center.
(B) Each board of county commissioners that enters a
contract under division (A) of this section may appoint a
building
commission pursuant to section 153.21 of the Revised
Code. If any
commissions are appointed, they shall function
jointly in the
construction of a multicounty or
multicounty-municipal
correctional center with all the powers and
duties authorized by
law.
(C) Prior to the acceptance for custody and rehabilitation
into
a center established under this section of any persons who
are designated by
the department of rehabilitation and correction,
who plead guilty to or are
convicted of a felony of the fourth or
fifth degree, and who satisfy the other
requirements listed in
section 5120.161 of the Revised Code, the corrections
commission
of a center established
under this section shall enter into an
agreement with the
department of rehabilitation and correction
under section
5120.161 of the Revised Code for the custody and
rehabilitation
in the center of persons who are designated by the
department,
who plead guilty to or are convicted of a felony of
the fourth or fifth
degree, and who satisfy the other requirements
listed in that section, in
exchange for a per diem fee per person.
Persons incarcerated in
the center pursuant to an agreement
entered into under this
division shall be subject to
supervision
and control in the manner described in section
5120.161 of the
Revised Code. This division does not affect the authority
of a
court to directly sentence a person who is convicted of or pleads
guilty
to a felony to the center in accordance with section
2929.16 of the Revised
Code.
(D)
Pursuant to section 2929.37 of the Revised Code,
each
board of county commissioners and the legislative
authority
of
each municipal corporation that enters into a
contract under
division (A) of this section may require a person
who was
convicted of an offense,
who is under the charge of the sheriff of
their county or of the
officer or officers of the contracting
municipal corporation or
municipal corporations having charge of
persons incarcerated in
the municipal jail, workhouse, or other
correctional facility,
and who is confined in the multicounty,
municipal-county,
or multicounty-municipal correctional center as
provided in that division, to
reimburse
the applicable county or
municipal corporation for its expenses
incurred by reason of the
person's confinement in the center.
(E) Notwithstanding any contrary provision in this
section
or
section 2929.18,
2929.28, or
2929.37 of
the
Revised
Code, the corrections commission of
a
center may
establish
a
policy
that complies with section 2929.38
of the Revised Code
and
that requires any person who is not
indigent
and who is
confined
in the multicounty, municipal-county,
or
multicounty-municipal
correctional center to pay a
reception fee,
a fee
for
medical
treatment or service
requested by and provided
to
that
person, or
the fee for a
random drug test assessed
under
division (E) of
section 341.26 of
the Revised Code.
(F)(1) The corrections commission of a center
established
under this section may establish a commissary for the
center. The
commissary may be established either in-house or by
another
arrangement. If a commissary is established, all persons
incarcerated in the center shall receive commissary
privileges. A
person's purchases from the commissary shall be
deducted from the
person's account record in the center's
business office. The
commissary shall provide for the
distribution to indigent persons
incarcerated in the center of
necessary hygiene articles and
writing materials.
(2) If a commissary is established, the corrections
commission of a center established under this section shall
establish a commissary fund for the center. The management of
funds in the commissary fund shall be strictly controlled in
accordance with procedures adopted by the auditor of state.
Commissary fund revenue over and above operating costs and
reserve
shall be considered profits. All profits from the
commissary fund
shall be used to purchase supplies and equipment
for the benefit
of persons incarcerated in the center and to pay salary and
benefits for employees of the center, or for any other persons,
who work in or
are employed for the sole purpose of providing
service to the commissary. The
corrections commission
shall adopt rules and regulations for the
operation of any
commissary fund it establishes.
(G) In lieu of forming a corrections commission to
administer a
multicounty correctional center or a municipal-county
or
multicounty-municipal correctional center, the boards of county
commissioners
and the legislative authorities of the municipal
corporations contracting to
establish the center may also agree to
contract for the private operation and
management of the center as
provided in section 9.06 of the Revised Code, but
only if the
center houses only misdemeanant inmates. In order to enter into a
contract under section 9.06 of the Revised Code, all the boards
and
legislative authorities establishing the center shall approve
and be
parties to the contract.
(H) If a person who is convicted of or pleads guilty to
an
offense is
sentenced to a term in a multicounty correctional
center or a municipal-county
or multicounty-municipal correctional
center or is incarcerated in the center
in the manner described in
division (C) of this section, or if a
person who is arrested for
an offense, and who has been denied bail or has had
bail set and
has not been released on bail is confined in a multicounty
correctional center or a municipal-county or multicounty-municipal
correctional
center pending trial, at the time of reception and at
other times the
officer, officers, or other person in charge of
the operation of the center
determines to be appropriate, the
officer, officers, or other person in charge
of the operation of
the center may cause the convicted or accused offender to
be
examined and tested for tuberculosis, HIV infection, hepatitis,
including but not limited to hepatitis A, B, and C, and other
contagious diseases. The officer, officers, or other person in
charge of the
operation of the center may cause a convicted or
accused offender in the
center who refuses to be tested or treated
for tuberculosis, HIV
infection, hepatitis, including but not
limited to hepatitis A, B, and C,
or another contagious disease to
be tested and treated
involuntarily.
(I) As used in this section, "multicounty-municipal"
means
more than one county and a municipal corporation, or more
than
one
municipal corporation and a county, or more than one
municipal
corporation and more than one county.
Sec. 2152.19. (A) If a child is adjudicated a delinquent
child,
the court may make any of the following orders of
disposition, in
addition to any other disposition authorized or
required by this
chapter:
(1) Any
order that is authorized by section 2151.353 of the
Revised Code for the care and protection of an abused,
neglected,
or
dependent child;
(2) Commit the child to the temporary custody of any school,
camp, institution, or other facility operated for the care of
delinquent
children by the county, by a district organized under
section
2152.41 or 2151.65 of the Revised Code, or by a private
agency or organization, within or without the state, that is
authorized and
qualified to provide the care, treatment, or
placement required, including, but not limited to, a school, camp,
or facility operated under section 2151.65 of the Revised Code;
(3)
Place the child in a detention
facility or district
detention facility operated under section
2152.41 of the Revised
Code, for up to ninety days;
(4) Place the child on community control under any
sanctions, services,
and conditions that the court prescribes. As
a condition of
community control in every case and in addition to
any other
condition that it imposes upon the child, the court
shall require the child
to abide by the law during the period of
community control. As
referred to in this division, community
control includes, but is
not limited to, the following sanctions
and conditions:
(a) A period of basic probation supervision in which the
child is required to maintain contact with a person appointed to
supervise the
child in accordance with sanctions
imposed by the
court;
(b) A period of intensive probation supervision in which
the
child is required to maintain frequent contact with a person
appointed by
the court to supervise
the child while the child is
seeking or maintaining employment and
participating in training,
education, and treatment programs as
the order of disposition;
(c) A period of day reporting in which the child is
required
each day to report to and leave a center or another approved
reporting location at specified
times in order to participate in
work, education or training,
treatment, and other approved
programs at the center or outside
the center;
(d) A period of community service of up to five hundred
hours for an act that would be a felony or a misdemeanor of the
first degree
if committed by an adult,
up to two hundred hours for
an act that would be a misdemeanor of the second,
third, or fourth
degree
if committed by an adult, or up to thirty hours for an act
that
would be a minor misdemeanor if committed by an adult;
(e) A requirement that the child obtain a high school
diploma, a
certificate of high school equivalence, vocational
training, or
employment;
(f) A period of drug and alcohol use monitoring;
(g) A requirement of alcohol or drug assessment or
counseling, or a period in an alcohol or drug treatment program
with a level
of security for the child
as determined necessary by
the court;
(h) A period in which the court orders the child to
observe
a curfew that may involve daytime or evening hours;
(i) A requirement that the child serve monitored time;
(j) A period of house arrest with or without electronic
monitoring;
(k) A period of electronic monitoring without house arrest
or
electronically monitored house arrest that does not exceed the
maximum
sentence of imprisonment
that could be imposed upon an
adult who commits the same act.
A period of electronically monitored house arrest imposed
under
this division shall not extend beyond the child's
twenty-first birthday. If a
court
imposes a period of
electronically monitored house arrest upon a
child under this
division, it shall require the child: to wear,
otherwise have
attached to the child's person, or otherwise be
subject to
monitoring by a certified electronic monitoring device
or to
participate in the operation of and monitoring by a
certified
electronic monitoring system; to remain in the child's
home or
other specified premises for the entire period of
electronically
monitored house arrest except when the court
permits the child to
leave those premises to go to school or to
other specified
premises; to be monitored by a central system that
can determine
the child's location at designated times; to report
periodically
to a person designated by the court; and to enter
into a written
contract with the court agreeing to comply with all
requirements
imposed by the court, agreeing to pay any fee imposed
by the court
for the costs of the electronically monitored house
arrest, and
agreeing to waive the right to receive credit for any
time served
on electronically monitored house arrest toward the
period of any
other dispositional order imposed upon the child if
the child
violates any of the requirements of the dispositional
order of
electronically monitored house arrest. The court also
may impose
other reasonable requirements upon the child.
Unless ordered by the court, a child shall not receive credit
for any time
served on
electronically monitored house arrest
toward any other dispositional
order imposed upon the child for
the act for which was imposed the
dispositional order of
electronically monitored house arrest.
(l) A suspension of the driver's license, probationary
driver's
license, or temporary instruction permit issued to the
child or a suspension
of the
registration of all motor vehicles
registered in the name of the child. A child whose license or
permit is so suspended is ineligible for issuance of a license or
permit during the period of suspension. At the end of the period
of suspension, the child shall not be reissued a license or permit
until the child has paid any applicable reinstatement fee and
complied with all requirements governing license reinstatement.
(5) Commit the child to the custody of the
court;
(6)
Require the child to not be absent without legitimate
excuse from
the public school the child is supposed to attend for
five or more
consecutive days, seven or more school days in one
school month, or
twelve or more school days in a school year;
(7)(a) If a child is adjudicated a delinquent child for
being a
chronic truant or an habitual truant who previously has
been adjudicated an
unruly child for being a
habitual truant, do
either or both of the following:
(i) Require the child to participate in a truancy prevention
mediation program;
(ii) Make any order of disposition as authorized by this
section,
except that the court shall not commit the child to a
facility described
in division (A)(2)
or (3) of this section
unless the
court
determines that the child violated a lawful court
order made
pursuant to
division (C)(1)(e) of section 2151.354 of
the
Revised
Code
or division (A)(6) of this section.
(b) If a child is adjudicated a delinquent child for being a
chronic truant or a habitual truant who previously has been
adjudicated an
unruly child for being a
habitual truant and the
court determines that the parent,
guardian, or other person having
care of the child has failed to
cause the child's attendance at
school in violation of section
3321.38 of the Revised Code, do
either or both of the
following:
(i) Require the parent, guardian, or other person having
care of
the child to participate in a truancy prevention mediation
program;
(ii) Require the parent, guardian, or other person having
care of
the child to participate in any community service program,
preferably a
community service program that
requires the
involvement of the parent, guardian, or other person
having care
of the child in the school attended by the child.
(8) Make any further disposition that the court finds
proper,
except that the child shall not be placed in any of the
following:
(a) A state correctional institution, a county, multicounty,
or
municipal jail or workhouse, or another place in which an adult
convicted of a crime, under arrest, or charged with a crime is
held;
(b) A community corrections facility, if the child would be
covered by the definition of public safety beds for purposes of
sections
5139.41 to 5139.45 5139.43 of the Revised Code if the court
exercised its authority to commit the child to the legal custody
of the
department of youth services for institutionalization
or
institutionalization in a secure facility pursuant to this
chapter.
(B) If a child is adjudicated a delinquent child, in
addition to
any order of disposition made under division (A) of
this section, the
court, in
the following situations, shall
suspend the child's temporary instruction
permit, restricted
license, probationary driver's license, or nonresident
operating
privilege, or suspend the
child's ability to obtain such a permit:
(1) The child is adjudicated a delinquent child for
violating
section 2923.122 of the Revised Code, with the
suspension
and denial being in accordance with division (E)(1)(a),
(c), (d), or (e) of section 2923.122 of
the Revised Code.
(2) The child is adjudicated a delinquent child for
committing an
act that if committed by an adult would be a drug
abuse offense
or for violating
division (B) of section 2917.11 of
the Revised
Code, with the suspension continuing until the child
attends and
satisfactorily completes a drug abuse or alcohol abuse
education,
intervention, or treatment program specified by the
court. During
the time the child is attending the program, the
court shall retain any
temporary instruction permit, probationary
driver's license, or driver's
license issued to the child, and the
court shall return the permit or license
when the child
satisfactorily completes the program.
(C) The court may establish a victim-offender mediation
program
in which victims and their offenders meet to discuss the
offense and suggest
possible restitution. If the court obtains
the
assent of the victim of the delinquent act committed by the
child,
the court may require the child to participate in the
program.
(D)(1) If a child is adjudicated a delinquent child for
committing an act that would be a felony if committed by an adult
and if the
child caused, attempted to cause, threatened to
cause,
or created a risk of physical harm to the victim of the
act, the
court, prior to issuing an order of disposition under
this
section, shall order the preparation of a victim impact
statement
by the probation department of the county in which the
victim of
the act resides, by the court's own probation department, or by a
victim assistance program that is operated by the state, a county,
a municipal
corporation, or another governmental entity. The court
shall
consider the victim impact statement in determining the
order of
disposition to issue for the child.
(2) Each victim impact statement shall identify the victim
of the
act for which the child was adjudicated a delinquent child,
itemize any
economic loss suffered by the victim as a result of
the act,
identify any physical injury suffered by the victim as a
result of
the act and the seriousness and permanence of the
injury, identify
any change in the victim's personal welfare or
familial
relationships as a result of the act and any
psychological impact
experienced by the victim or the victim's
family as a result of the act, and
contain any other
information
related to the impact of the act upon the victim that the
court
requires.
(3) A victim impact statement shall be kept confidential and
is
not a public record. However, the court may furnish copies of
the statement
to the department of youth services if the
delinquent child
is committed to the department or to both the
adjudicated
delinquent child or the adjudicated delinquent child's
counsel and
the prosecuting attorney. The copy of a victim impact
statement
furnished by the court to the department pursuant to
this section
shall be kept confidential and is not a public
record.
If an officer is preparing pursuant to section 2947.06 or
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence
investigation report pertaining to a person, the court shall make
available to the officer, for use in preparing the report, a copy
of any victim impact statement regarding that person. The copies
of a victim
impact statement that are made
available to the
adjudicated delinquent child or the adjudicated
delinquent child's
counsel and the
prosecuting attorney pursuant
to this division
shall be returned to the
court by the person to
whom they were
made available
immediately following the imposition
of an order of
disposition for the
child under this chapter.
The copy of a victim impact statement that is made available
pursuant to this division to an officer preparing a criminal
presentence investigation report shall be returned to the court by
the officer immediately following its use in preparing the report.
(4) The department of youth services shall work with local
probation departments and victim assistance programs to develop a
standard victim impact statement.
(E) If a child is adjudicated a delinquent child for being a
chronic
truant or an habitual truant who previously has been
adjudicated an
unruly child for being an habitual truant and the
court determines that
the parent, guardian, or other person having
care of the child has
failed to cause the child's attendance at
school in violation of
section 3321.38 of the Revised Code, in
addition to any
order of
disposition it makes under this section,
the court shall warn the
parent, guardian, or other person having
care of the child that
any subsequent adjudication of the child as
an unruly or
delinquent child for being an habitual or chronic
truant may
result in a criminal charge against the parent,
guardian, or other
person having care of the child for a violation
of division (C) of
section 2919.21 or section 2919.24 of the
Revised Code.
(F)(1) During the period of a delinquent child's community
control granted under this section, authorized probation officers
who are
engaged within the scope of their supervisory duties
or
responsibilities may search, with or without a warrant, the
person
of the delinquent child, the place of residence of the
delinquent
child, and a motor vehicle, another item of tangible or
intangible
personal property, or other real property in which the
delinquent
child has a right, title, or interest or for which the
delinquent
child has the express or implied permission of a person with a
right, title, or interest to use, occupy, or possess if the
probation officers
have reasonable grounds to believe that the
delinquent child is not abiding by
the law or otherwise is not
complying with the conditions of the
delinquent child's community
control. The court that places a
delinquent child on community
control under this section shall
provide the delinquent child with
a written notice that informs
the delinquent child that authorized
probation officers who are
engaged within the scope of their
supervisory duties or responsibilities may
conduct those types of
searches during the period of community control if they
have
reasonable grounds to believe that the delinquent child is
not
abiding by the law or otherwise is not complying with the
conditions of the delinquent child's community control. The court
also shall provide the written notice described in division
(E)(2)
of this section to each
parent, guardian, or custodian of the
delinquent child who is described in
that
division.
(2) The court that places a child on community control under
this
section shall provide the child's parent, guardian, or other
custodian
with a written notice that informs them that authorized
probation
officers may conduct searches pursuant to division
(E)(1) of this
section. The notice shall specifically state that
a permissible
search might extend to a motor vehicle, another item
of tangible
or intangible personal property, or a place of
residence or other
real property in which a notified parent,
guardian, or custodian
has a right, title, or interest and that
the parent, guardian, or
custodian expressly or impliedly permits
the child to use, occupy,
or possess.
(G) If a juvenile court commits a delinquent child to the
custody of any person, organization, or entity pursuant to this
section and if the delinquent act for which the child is so
committed is a sexually oriented offense, the court in the order
of disposition
shall do one of the following:
(1) Require that the child be provided treatment as
described in division (A)(2) of section 5139.13 of the Revised
Code;
(2) Inform the person, organization, or entity
that it is
the
preferred course of action in this state that the
child be
provided treatment as described in division (A)(2) of
section
5139.13
of the Revised Code and encourage the
person,
organization,
or entity to provide that treatment.
Sec. 2929.38. (A) A board of commissioners of a county, in
an agreement
with
the sheriff, a legislative authority of a
municipal
corporation, a
corrections commission, a judicial
corrections
board, or any other
public or private entity that
operates a
local detention facility
described in division (A) of
section 2929.37 of the Revised Code,
may establish a policy
that
requires any prisoner who is confined in
the facility as a
result
of pleading guilty
to or
having been convicted of an offense
to
pay a one-time reception fee for the costs of processing the
prisoner into the facility at the time of the prisoner's initial
entry into the facility under the confinement in question, to pay
a reasonable fee for
any medical or dental
treatment or service
requested by and
provided to that prisoner, and to pay the fee for
a random drug
test assessed under division (E) of section 341.26,
and division
(E) of section 753.33 of the Revised Code.
The fee
for the
medical treatment or service shall not exceed the actual
cost of
the treatment or
service provided. No prisoner
confined
in
the local detention facility shall be denied any
necessary
medical care
because of inability to pay the fees.
(B) Upon assessment of a one-time reception fee as described
in division (A) of this section, the provision of the requested
medical treatment or service, or the assessment of a fee for a
random
drug test, payment of the required fee may be automatically
deducted from
the prisoner's inmate
account in the business office
of the local detention facility in
which the prisoner
is confined.
If there is no
money in the
account, a deduction may
be made at a
later date
during the
prisoner's confinement if the
money becomes
available in
the
account. If, after release, the
prisoner has an
unpaid balance
of
those fees, the sheriff,
legislative authority
of the municipal
corporation, corrections
commission, judicial
corrections board,
or other entity that operates the local
detention
facility described in
division (A) of section 2929.37
of the Revised Code may bill the
prisoner for the payment
of the
unpaid fees. Fees received for
medical or
dental treatment
or
services shall be paid to the
commissary fund, if one exists
for
the facility, or if no
commissary
fund exists, to the general
fund
of the treasury of the
political
subdivision that incurred
the
expenses, in the same
proportion as
those expenses were borne
by
the political
subdivision. Fees
received for medical treatment
or services that are placed in the
commissary fund under this division shall be used for the same
purposes as
profits from the commissary fund, except that they
shall not be used to pay
any salary or benefits of any person who
works in or is employed for the sole
purpose of providing service
to the
commissary.
(C) Any fee paid by a person under this section
shall
be
deducted from any medical or dental costs that the person
is
ordered
to reimburse under
a financial sanction imposed pursuant
to section
2929.28 of the Revised Code
or
to repay under a
policy adopted under section 2929.37 of the
Revised Code.
(D) As used in this section, "inmate account" has the same
meaning as in section
2969.21
of the Revised Code.
Sec. 4506.14. (A) Commercial driver's licenses shall
expire
as follows:
(1) Except as provided in division (A)(3) of this section,
each such license issued to replace an operator's or chauffeur's
license shall expire on the original expiration date of the
operator's or chauffeur's license and, upon renewal, shall expire
on the licensee's birthday in the fourth year after the date of
issuance.
(2) Except as provided in division (A)(3) of this section,
each such license issued as an original license to a person whose
residence
is in this state shall expire on
the licensee's birthday
in the fourth year after the date of issuance,
and each such
license issued to a
person whose temporary residence is in this
state shall expire
in accordance with rules adopted by the
registrar of motor
vehicles. A license issued to a person with a
temporary
residence in this state is nonrenewable, but may be
replaced
with a new license within ninety days prior to its
expiration
upon the applicant's compliance with all applicable
requirements.
(3) Each such license issued to replace the operator's or
chauffeur's license of a person who is less than twenty-one years
of age, and each such license issued as an original license to a
person who is less than twenty-one years of age, shall expire on
the licensee's twenty-first birthday.
(B) No commercial driver's license shall be issued for
a
period longer than four years and ninety days. Except as provided
in
section
4507.12 of the Revised Code, the registrar may
waive
the examination of any person applying for the renewal of a
commercial driver's license issued under this chapter, provided
that the applicant presents either an unexpired commercial
driver's license or a commercial driver's license that has
expired
not more than six months prior to the date of application.
(C) Subject to the requirements of this chapter and except
as provided in
division (A)(2) of this section in regard to a
person whose temporary
residence is in this state, every
commercial driver's license shall be
renewable ninety days before
its expiration upon payment
of the fees required by section
4506.08 of the Revised Code. Each person
applying for renewal of
a commercial driver's license shall complete the
application form
prescribed by section 4506.07 of the Revised Code and shall
provide all certifications required. If the person wishes to
retain an
endorsement authorizing the person to
transport
hazardous materials, the person shall take and
successfully
complete the written test for the endorsement and shall submit to any background check required by federal law.
(D) Each person licensed as a driver under this chapter
shall notify the registrar of any change in the
person's address
within ten days following that change. The
notification shall be
in writing on a form provided by the
registrar and shall include
the full name, date of birth, license
number, county of residence,
social security number, and new
address of the person.
(E)
Whoever violates division (D) of this section is
guilty
of a minor misdemeanor.
Sec. 4506.15.
(A) No person shall do any of the following:
(1) Drive a commercial motor vehicle while having a
measurable or
detectable amount of alcohol or of a controlled
substance in
the
person's blood,
breath,
or urine;
(2) Drive a commercial motor vehicle while having an
alcohol
concentration
of four-hundredths of one per cent or more;
(3) Drive a commercial motor vehicle while under the
influence of a
controlled substance;
(4) Knowingly leave the scene of an accident involving a
commercial motor
vehicle driven by the person;
(5) Use a commercial motor vehicle in the commission of a
felony;
(6) Refuse to submit to a test under section 4506.17 of
the
Revised Code;
(7) Violate an out-of-service order issued under this
chapter;
(8) Violate any prohibition described in divisions
(A)(2) to
(7) of this
section while transporting hazardous
materials;
(9) Use a commercial motor vehicle in the commission of a
felony involving the manufacture, distribution, or dispensing of a
controlled substance as defined in section 3719.01 of the Revised
Code;
(10) Drive a commercial motor vehicle in violation of any
provision of sections 4511.61 to 4511.63 of the Revised Code or
any federal or local law or ordinance pertaining to
railroad-highway grade crossings.
(B)
Whoever violates this section is guilty of a misdemeanor
of
the first degree.
Sec. 4506.16. (A) Whoever violates division (A)(1) of
section 4506.15 of the Revised Code or a similar law of another
state or a foreign jurisdiction, immediately shall be placed
out-of-service for twenty-four hours, in addition to any
disqualification required by this section and any other penalty
imposed by the Revised Code.
(B) The registrar of motor vehicles shall disqualify any
person from operating a commercial motor vehicle as follows:
(1)
Subject to division (B)(4) of this section, upon Upon a
first
conviction for a violation of
any provision of divisions
(A)(2) to
(7) of section 4506.15 of the Revised Code or a
similar
law of
another state or a foreign jurisdiction, one year,
in
addition to
any other penalty imposed by the Revised Code;
(2) Upon a first conviction for a violation of division
(A)(8) of section 4506.15 of the Revised Code or a similar law
of
another state or a foreign jurisdiction, three years, in
addition
to any other penalty imposed by the Revised Code;
(3) Upon and upon a second conviction for a violation of
any
provision of divisions
(A)(2) to
(7) of section 4506.15 of
the
Revised Code or a similar
law of another state or a foreign
jurisdiction, or any
combination of such violations arising from
two or more separate
incidents, the person shall be disqualified
for life or for any
other period of time as determined by the
United States secretary
of transportation and designated by the
director of public safety
by rule, in addition to any other
penalty imposed by the Revised
Code;
(4)(2) Upon a first conviction for a violation of division
(A)(8) of section 4506.15 of the Revised Code or a similar law of
another state or a foreign jurisdiction, three years;
(3) Upon conviction of a violation of division
(A)(5)(9) of
section 4506.15 of the Revised Code or a similar law of another
state or a foreign jurisdiction in connection with the
manufacture, distribution, or dispensing of a controlled
substance
or the possession with intent to manufacture,
distribute, or
dispense a controlled substance, the person shall
be disqualified
for life, in addition to any other penalty
imposed by the Revised
Code;
(4) Upon a first conviction for a violation of division (A)(10)
of section 4506.15 of the Revised Code or a similar law of another
state or a foreign jurisdiction, occurring in a three-year period,
the person shall be disqualified for not less than sixty days,
upon a second conviction occurring in the three-year period, the
person shall be disqualified for not less than one hundred twenty
days, and upon a subsequent conviction occurring within a
three-year period, the person shall be disqualified for not less
than one year;
(5) Upon conviction of two serious traffic violations
involving the operation of a commercial motor vehicle by the
person and arising from separate incidents occurring in a
three-year period, the person shall be disqualified for sixty
days, in addition to any other penalty imposed by the Revised
Code;
(6) Upon conviction of three serious traffic violations
involving the operation of a commercial motor vehicle by the
person and arising from separate incidents occurring in a
three-year period, the person shall be disqualified for one
hundred twenty days, in addition to any other penalty imposed by
the Revised Code.
(C) For the purposes of this section, conviction of a
violation for which disqualification is required may be evidenced
by any of the following:
(1) A judgment entry of a court of competent jurisdiction in
this or any
other state;
(2) An administrative order of a state agency of this or any
other state having
statutory jurisdiction over commercial drivers;
(3) A computer record obtained from or through the
commercial driver's license information system;
(4) A computer record obtained from or through a state
agency of this or any other state
having statutory jurisdiction
over commercial drivers or
the records of commercial drivers.
(D) Any record described in division (C) of this section
shall be deemed to be self-authenticating when it is received by
the bureau of motor vehicles.
(E) When disqualifying a driver, the registrar shall cause
the records of the bureau to be updated to reflect that action
within ten days after it occurs.
(F) The registrar immediately shall notify a driver who is
finally convicted of any offense described in section 4506.15 of
the Revised Code or division (B)(3), (4), (5), or (6) of this section
and thereby is subject to disqualification, of the offense or
offenses involved, of the length of time for which
disqualification is to be imposed, and that the driver may
request
a hearing within thirty days of the mailing of the notice
to show
cause why the driver should not be disqualified from
operating a
commercial motor vehicle. If a request for such a hearing is not
made within thirty days of the mailing of the notice, the order
of
disqualification is final. The registrar may designate
hearing
examiners who, after affording all parties reasonable
notice,
shall conduct a hearing to determine whether the
disqualification
order is supported by reliable evidence. The
registrar shall
adopt rules to implement this division.
(G) Any person who is disqualified from operating a
commercial motor vehicle under this section may apply to the
registrar for a driver's license to operate a motor vehicle other
than a commercial motor vehicle, provided the person's commercial
driver's license is not otherwise suspended. A person
whose
commercial driver's license is suspended
shall
not apply to the
registrar for or receive a driver's license
under
Chapter 4507. of
the Revised Code during the period of
suspension.
(H) The disqualifications imposed under this section are in
addition to any other penalty imposed by the Revised Code.
Sec. 4506.20. (A) Each employer shall require every
applicant for
employment as a driver of a commercial motor vehicle
to provide the
information
specified in section 4506.20 of the
Revised Code.
(B) No employer shall knowingly permit or authorize any
driver employed
by
the employer to drive a commercial motor
vehicle during any
period in which any of the
following apply:
(1) The driver's commercial driver's license is suspended,
revoked, or
canceled by any state or a foreign jurisdiction;
(2) The driver has lost
the privilege to drive, or
currently is
disqualified from driving, a commercial motor vehicle
in any state or foreign
jurisdiction;
(3) The driver is subject to an out-of-service order in any
state or
foreign jurisdiction;
(4) The driver has more than one driver's license.
(C)
No employer shall knowingly permit or authorize a
driver to operate a commercial motor vehicle in violation of
section 4506.15 of the Revised Code.
(D)(1) Whoever violates division (A) or (B) of this section is guilty of a misdemeanor
of
the
first degree.
(2) Whoever violates division (C) of this section may be assessed a fine not to exceed ten thousand
dollars.
Sec. 4511.33.
(A) Whenever any roadway has been divided
into
two or more clearly marked lanes for traffic, or wherever
within
municipal corporations traffic is lawfully moving in two or
more
substantially continuous lines in the same direction, the
following rules apply:
(1) A vehicle or trackless trolley shall be driven, as
nearly as is practicable, entirely within a single lane or line
of
traffic and shall not be moved from such lane or line until
the
driver has first ascertained that such movement can be made
with
safety.
(2) Upon a roadway which is divided into three lanes and
provides for two-way movement of traffic, a vehicle or trackless
trolley shall not be driven in the center lane except when
overtaking and passing another vehicle or trackless trolley where
the roadway is clearly visible and such center lane is clear of
traffic within a safe distance, or when preparing for a left
turn,
or where such center lane is at the time allocated
exclusively to
traffic moving in the direction the vehicle or
trackless trolley
is proceeding and is posted with signs to give
notice of such
allocation.
(3) Official signs may be erected directing specified
traffic to use a designated lane or designating those lanes to be
used by traffic moving in a particular direction regardless of
the
center of the roadway, or restricting the use of a particular lane to only buses during certain hours or during all hours, and drivers of vehicles and trackless
trolleys shall obey the directions of such signs.
(4) Official traffic control devices may be installed
prohibiting the changing of lanes on sections of roadway and
drivers of vehicles shall obey the directions of every such
device.
(B)
Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.62. (A)(1) Whenever any person driving a vehicle
or
trackless trolley approaches a railroad grade crossing, the
person shall
stop within
fifty feet, but not less than
fifteen
feet from the nearest rail of the railroad if
any of the following
circumstances exist at the crossing:
(a) A clearly visible electric or mechanical signal device
gives warning of the immediate approach of a train.
(b) A crossing gate is lowered.
(c) A flagperson gives or
continues to give a signal of the
approach or
passage of a train.
(d) There is insufficient space on the other side of
the
railroad grade crossing to accommodate the
vehicle or trackless
trolley the person is operating without
obstructing the passage of
other vehicles, trackless trolleys, pedestrians, or
railroad
trains, notwithstanding any traffic control signal indication to
proceed.
(e) An approaching train is emitting an audible signal
or is
plainly visible and is in hazardous
proximity to the crossing.
(f) There is insufficient undercarriage clearance to safely negotiate the crossing.
(2) A person who is driving a vehicle or trackless trolley
and who
approaches a railroad grade crossing shall not proceed as
long as any of the
circumstances
described
in divisions (A)(1)(a)
to (e)(f) of this
section exist at the crossing.
(B) No person shall drive any vehicle through, around, or
under
any crossing gate or barrier at a railroad crossing while
the gate or barrier
is closed or is being opened or closed unless
the person is signaled by a
law enforcement officer or flagperson
that it is permissible to do so.
(C)
Whoever violates this section is guilty of a misdemeanor
of
the fourth degree.
Sec. 4511.63. (A) The operator of any motor vehicle or
trackless trolley, carrying passengers, for hire, of any school
bus, any vehicle described in division (C) of this section, or of any vehicle carrying explosives or flammable liquids
as transporting
a cargo or as such part of a cargo as material or materials required to constitute a hazard be placarded under 49 C.F.R. Parts 100-185,
before crossing at grade any track of a railroad, shall stop the
vehicle or trackless trolley and, while so stopped, shall listen
through an open door or open window and look in both directions
along the track for any approaching train, and for signals
indicating the approach of a train, and shall proceed only upon
exercising due care after stopping, looking, and listening as
required by this section. Upon proceeding, the operator of such
a
vehicle shall cross only in a gear that will ensure there will
be
no necessity for changing gears while traversing the crossing
and
shall not shift gears while crossing the tracks.
(B) This section does not apply at any of the following:
(1) Street street railway grade crossings within a municipal
corporation, or to abandoned tracks, spur tracks, side tracks,
and
industrial tracks when the public utilities commission has
authorized and approved the crossing of the tracks without making
the stop required by this section;
(2) Through June 30, 1995, a street railway grade crossing
where out-of-service signs are posted in accordance with section
4955.37 of the Revised Code.
(C)
This section applies to any vehicle used for the
transportation of pupils to and from a school or school-related
function if the vehicle is owned or operated by, or operated under
contract with, a public or nonpublic school.
(D) For purposes of this section, "bus" means any vehicle
originally designed by its manufacturer to transport sixteen or
more passengers, including the driver, or carries sixteen or more
passengers, including the driver.
(E) Except as otherwise provided in this division, whoever
violates this section is guilty of a minor misdemeanor. If the
offender
previously has been convicted of or pleaded guilty to one
or more violations
of this section or section 4511.76, 4511.761,
4511.762, 4511.764, 4511.77, or
4511.79 of the Revised Code or a
municipal ordinance that is substantially similar to any of
those
sections, whoever violates this section is guilty of a misdemeanor
of
the fourth degree.
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 307.93, 2152.19, 2929.38, 4506.14, 4506.15, 4506.16, 4506.20, 4511.33, 4511.62, 4511.63, 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, except section 4511.75 of the Revised Code, as amended in those sections of this act, takes effect July 1, 2004. The amendment of section 4511.75 of the Revised Code by those sections of this act is not intended to supersede the amendment of the version of section 4511.75 of the Revised Code that is scheduled to take effect January 1, 2004.
Section 3.09A. That the version of section 5739.033 of the Revised Code as it results from Am. Sub. S.B. 143 of the 124th General Assembly, as amended by H.B. 675 of the 124th General Assembly, be amended to read as follows:
Sec. 5739.033. The amount of tax due pursuant to sections
5739.02, 5739.021, 5739.023, and 5739.026 of the Revised Code is
the sum of the taxes imposed pursuant to those sections at the
situs sourcing location of the sale as determined under this
section or, if
applicable, under division (C) of section 5739.031 or section 5739.034 of the Revised
Code. This section applies only to a vendor's or seller's obligation to collect and remit sales taxes under section 5739.02, 5739.021, 5739.023, or 5739.026 of the Revised Code or use taxes under section 5741.02, 5741.021, 5741.022, or 5741.023 of the Revised Code. This section does not affect the obligation of a consumer to remit use taxes on the storage, use, or other consumption of tangible personal property or on the benefit realized of any service provided, to the jurisdiction of that storage, use, or consumption, or benefit realized.
(A) Except
for sales, other than leases, of titled motor vehicles, titled
watercraft, or titled outboard motors as provided in section
5741.05 of the Revised Code, or as otherwise provided in
this
section
and section
5739.034 of the
Revised Code, the situs of
all sales
is the vendor's
place of
business. shall be sourced as follows:
(1) If the consumer or the consumer's a
donee designated by the consumer receives
tangible personal property
or a service at a vendor's
place of business of
the vendor, the situs of the sale is
shall be sourced to that place of business.
(2)
When the tangible personal property or
service is not
received at a vendor's place of business, the
situs of the sale
is shall be sourced to
the location known to the vendor where
the consumer or
a the donee designated by the consumer receives the
tangible personal
property or service, including the location
indicated by
instructions for delivery to the consumer or the
consumer's donee,
known to the vendor.
(3) If divisions (A)(1) and (2) of this section do not
apply, the
situs of the sale is shall be sourced to
the location indicated by an address for the
consumer that is
available from the vendor's business records of the vendor
that are
maintained in the ordinary course of the vendor's
business, when
use of that address does not constitute bad faith.
(4) If divisions (A)(1), (2), and (3) of this section do
not
apply, the
situs of the sale is shall be sourced to
the location indicated by an address for the
consumer obtained
during the consummation of the sale, including
the address
associated with the consumer's payment instrument, if
no other
address is available, when use of that address does not
constitute
bad faith.
(5) If divisions (A)(1), (2), (3), and (4) of this section
do not apply, including in the circumstance where the vendor is
without sufficient information to apply any of those divisions,
the
situs of the sale is shall be sourced to
the
address from which tangible personal property was shipped,
or from
which the service was provided, disregarding any
location
that
merely provided the electronic transfer of the
property sold
or
service provided.
(6) As used in division (A) of this section, "receive"
means
taking possession of tangible personal property or making
first
use of a service. "Receive" does not include possession by
a
shipping company on behalf of a consumer.
(B)(1) Notwithstanding divisions (A)(1) to (5) of this
section, a manufacturer or other consumer that is not a holder of
a direct payment permit granted under section 5739.031 of the
Revised Code, that purchases tangible personal property computer software delivered electronically or a
service for use in business, and that knows at the time of
purchase that the property such software or service will be concurrently
available for use in more than one taxing jurisdiction shall
deliver to the vendor in conjunction with its purchase a multiple
points of use exemption form prescribed by the tax commissioner
disclosing this fact. On receipt of the multiple points of use
exemption form, the vendor is relieved of its obligation to
collect, pay, or remit the tax due, and the consumer must collect,
pay, or remit the tax directly to the state.
(2) A consumer that delivers such form to a vendor may use
any reasonable, consistent, and uniform method of apportioning the
tax due on the tangible personal property computer software delivered electronically or service for use in business that is
supported by the consumer's business records as they existed at
the
time of the sale.
(3) The multiple points of use exemption form shall remain
in effect for all future sales by the vendor to the consumer until
it is revoked in writing by the consumer, except as to the
consumer's specific apportionment of a subsequent sale under
division (B)(2) of this section and the facts existing at the time of
the sale.
(C) A person who holds a direct payment permit issued under
section 5739.031 of the Revised Code is not required to deliver a
multiple points of use exemption form to a vendor. But such
permit holder shall comply with division (B)(2) of this section in
apportioning the tax due on tangible personal property computer software delivered electronically or a
service used in business that will be concurrently available for use in more than
one taxing jurisdiction.
(D) Except as provided in division
(F)
of this section:
(1) If
the vendor provides a service specified in division
(B)(3)(f)
or
(i) of section 5739.01 of the Revised Code, the situs
of the sale
is
the location of
the
telephone number or account as
reflected in the records of
the
vendor.
(2) In the case of a telecommunications service, if the
telephone number or account is located outside this state, the
situs of the
sale is the location
in this state from which the
service originated (1) Notwithstanding divisions (A)(1) to (5) of this section, the purchaser of direct mail that is not a holder of a direct payment permit shall provide to the vendor in conjunction with the purchase either a direct mail form prescribed by the tax commissioner, or information to show the jurisdictions to which the direct mail is delivered to recipients.
(2) Upon receipt of a direct mail form, the vendor is relieved of all obligations to collect, pay, or remit the applicable tax and the purchaser is obligated to pay that tax on a direct pay basis. A direct mail form shall remain in effect for all future sales of direct mail by the vendor to the purchaser until it is revoked in writing.
(3) Upon receipt of information from the purchaser showing the jurisdictions to which the direct mail is delivered to recipients, the vendor shall collect the tax according to the delivery information provided by the purchaser. In the absence of bad faith, the vendor is relieved of any further obligation to collect tax on any transaction where the vendor has collected tax pursuant to the delivery information provided by the purchaser.
(4) If the purchaser of direct mail does not have a direct payment permit and does not provide the vendor with either a direct mail form or delivery information as required by division (D)(1) of this section, the vendor shall collect the tax according to division (A)(5) of this section. Nothing in division (D)(4) of this section shall limit a purchaser's obligation to pay sales or use tax to any state to which the direct mail is delivered.
(5) If a purchaser of direct mail provides the vendor with documentation of direct payment authority, the purchaser shall not be required to provide a direct mail form or delivery information to the vendor.
(E) If the vendor provides lodging to transient guests as
specified in division (B)(2) of section 5739.01 of the Revised
Code, the situs of the sale is shall be sourced to
the
location where the lodging is
located.
(F) Except as otherwise provided in this division, if the
vendor
sells a prepaid authorization number or a prepaid telephone
calling card, the situs of the
sale is
the vendor's place of
business
and shall be taxed
at the time of sale. If the vendor
sells
a prepaid authorization
number or prepaid telephone calling
card
through a telephone call,
electronic commerce, or any other
form
of remote commerce, the situs of the
sale is the consumer's
shipping address, or, if there is no item
shipped, at the
consumer's billing address (1) As used in this division and division (G) of this section, "transportation equipment" means any of the following:
(a) Locomotives and railcars that are utilized for the carriage of persons or property in interstate commerce.
(b) Trucks and truck-tractors with a gross vehicle weight rating of greater than ten thousand pounds, trailers, semi-trailers, or passenger buses that are registered through the international registration plan and are operated under authority of a carrier authorized and certificated by the United States department of transportation or another federal authority to engage in the carriage of persons or property in interstate commerce.
(c) Aircraft that are operated by air carriers authorized and certificated by the United States department of transportation or another federal authority to engage in the carriage of persons or property in interstate or foreign commerce.
(d) Containers designed for use on and component parts attached to or secured on the items set forth in division (F)(1)(a), (b), or (c) of this section.
(2) A sale, lease, or rental of transportation equipment shall be sourced pursuant to division (A) of this section.
(G)(1) A lease or rental of tangible personal property that does not require recurring periodic payments shall be sourced pursuant to division (A) of this section.
(2) A lease or rental of tangible personal property that requires recurring periodic payments shall be sourced as follows:
(a) In the case of a motor vehicle, other than a motor vehicle that is transportation equipment, such lease or rental shall be sourced to the primary property location as follows:
(i) For a lease or rental taxed pursuant to division (A)(2) of section 5739.02 of the Revised Code, the primary property location is the address of the lessee or renter used for titling the motor vehicle pursuant to section 4505.06 of the Revised Code at the time the lease or rental is consummated.
(ii) For a lease or rental taxed pursuant to division (A)(3) of section 5739.02 of the Revised Code, the primary property location for each lease or rental installment is the primary property location for the period covered by the installment.
(b) In the case of an aircraft, other than an aircraft that is transportation equipment, such lease or rental shall be sourced to the primary property location as follows:
(i) For a lease or rental taxed pursuant to division (A)(2) of section 5739.02 of the Revised Code, the primary property location is the primary property location at the time the lease or rental is consummated.
(ii) For a lease or rental taxed pursuant to division (A)(3) of section 5739.02 of the Revised Code, the primary property location for each lease or rental installment is the primary property location for the period covered by the installment.
(c) In the case of a watercraft or an outboard motor required to be titled in this state pursuant to Chapter 1548. of the Revised Code, such lease or rental shall be sourced to the primary property location as follows:
(i) For a lease or rental taxed pursuant to division (A)(2) of section 5739.02 of the Revised Code, the primary property location is the address of the lessee or renter shown on the title.
(ii) For a lease or rental taxed pursuant to division (A)(3) of section 5739.02 of the Revised Code, the primary property location for the initial lease or rental installment is the address of the lessee or renter shown on the title. For each subsequent installment, the primary property location is the primary property location for the period covered by the installment.
(d) In the case of a lease or rental of all other tangible personal property, other than transportation equipment, such lease or rental shall be sourced as follows:
(i) For a lease or rental that is taxed pursuant to division (A)(2) of section 5739.02 of the Revised Code, the lease or rental shall be sourced pursuant to division (A) of this section at the time the lease or rental is consummated.
(ii) For a lease or rental that is taxed pursuant to division (A)(3) of section 5739.02 of the Revised Code, the initial lease or rental installment shall be sourced pursuant to division (A) of this section. Each subsequent installment shall be sourced to the primary property location for the period covered by the installment.
(3) As used in division (G) of this section, "primary property location" means an address for tangible personal property provided by the lessee or renter that is available to the lessor or owner from its records maintained in the ordinary course of business, when use of that address does not constitute bad faith.
Section 3.09B. That the existing version of section 5739.033 of the Revised Code as it results from Am. Sub. S.B. 143 of the 124th General Assembly, as amended by H.B. 675 of the 124th General Assembly, is hereby repealed.
Section 3.09C. The amendments in Sections 3.09A and 3.09B of this act provide for or are essential to the implementation of a tax levy. Therefore, under Ohio Constitution, Article II, Section 1d, those Sections are not subject to the referendum and go into effect January 1, 2004.
Section 3.10. Section 4723.063 of the Revised Code is hereby repealed, effective December 31, 2013.
Section 3.11. That the version of section 5101.28 of the Revised Code that is scheduled to take effect January 1, 2004, be amended to read as follows:
Sec. 5101.28. (A) The department of job and
family services
shall enter into written agreements
with law enforcement agencies
to exchange, obtain, or share (1) On request of the department of job and family services or a county agency, a law enforcement agency shall provide
information regarding public
assistance recipients to enable the department, or county
agencies,
and law enforcement agencies agency to determine, for eligibility purposes, whether a recipient or a
member of a recipient's assistance group
is either of the
following:
(2) Violating felon or violating a condition of probation, a community control
sanction,
parole, or a post-release control sanction imposed under
state or federal law.
(2) A county agency may enter into a written agreement with a local law enforcement agency establishing procedures concerning access to information and providing for compliance with division (F) of this section.
(B) The To the extent permitted by federal law, the department and county
agencies shall provide
information, except information directly related to the receipt of medical assistance or medical services, regarding recipients of public assistance
under a
program administered by the state department or a county agency
pursuant to Chapter 5107., 5108., or 5115. of the Revised Code to
law
enforcement agencies on request
for the purposes of
investigations, prosecutions, and criminal
and civil proceedings
that are within the scope of the law enforcement
agencies'
official duties.
(C) Information about a recipient shall be exchanged,
obtained,
or shared only if the department, county agency, or law
enforcement agency
requesting the information gives sufficient
information to specifically
identify the recipient. In addition
to the recipient's name, identifying
information may include the
recipient's current or last known address, social
security number,
other identifying number, age, gender, physical
characteristics,
any information specified in an agreement entered into under
division (A) of this section, or any information considered
appropriate by the department or agency.
(D)(1) The department and its officers and employees are
not
liable in damages in a civil action for any injury, death, or loss
to
person or property that allegedly arises from the release of
information
in accordance with divisions (A), (B), and (C) of
this
section. This section does
not affect any immunity or
defense
that the department and its officers and employees may be
entitled
to
under another section of the Revised Code or the common law
of
this state,
including section 9.86 of the Revised Code.
(2) The county agencies and their employees are not liable
in damages in
a civil action for any injury, death, or loss to
person or property that
allegedly arises from the release of
information in accordance with divisions
(A), (B), and (C) of this
section.
"Employee" has the same meaning as in division
(B) of
section 2744.01 of the Revised Code. This section does not affect
any
immunity or defense that the county agencies and their
employees may be
entitled to under
another section of the Revised
Code or the common law of
this state,
including section 2744.02
and division (A)(6)
of section 2744.03 of the Revised Code.
(E) To the extent permitted by federal law, the department
and county agencies shall provide access to information to the
auditor of
state acting pursuant to Chapter 117. or sections
5101.181 and
5101.182 of the Revised Code and to any other
government entity authorized by
or federal law to conduct an audit
of or similar activity
involving a public assistance program.
(F) The auditor of state shall prepare an annual
report on
the outcome of the agreements required under division
(A) of this
section. The
report shall include the number of fugitive felons, probation
and parole violators, and violators of community
control sanctions and post-release control sanctions apprehended
during the immediately
preceding year as a result of the exchange
of
information pursuant to that division. The
auditor of state
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.
The state department, county
agencies, and law enforcement
agencies shall cooperate with the
auditor of state's office in gathering
the information required
under this division.
(G) To the extent permitted by federal law, the department
of
job and family services, county departments of
job and family
services, and employees of
the departments may report to a public
children services agency
or other appropriate agency information
on known or suspected
physical or mental injury, sexual abuse or
exploitation, or
negligent treatment or maltreatment, of a child
receiving public
assistance, if circumstances indicate that the
child's health or
welfare is threatened.
(H) As used in this section:
(1) "Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(2) "Post-release control sanction" has the same meaning as
in section 2967.01 of the Revised Code.
Section 3.12. That the existing version of section 5101.28 of the Revised Code that is scheduled to take effect January 1, 2004, is hereby repealed.
Section 3.13. Sections 3.11 and 3.12 of this act shall take effect January 1, 2004.
Section 3.14. That the version of section 5743.45 of the Revised Code that is scheduled to take effect January 1, 2004, be amended to read as follows:
Sec. 5743.45. (A) As used in this section,
"felony"
has the
same meaning as in section 109.511 of the Revised Code.
(B) For purposes of enforcing this chapter and
Chapters 5728.,
5735., 5739., 5741., and 5747. of the Revised Code and subject to
division (C) of this section, the
tax commissioner, by journal
entry, may delegate any
investigation powers of the commissioner
to an employee of the
department of taxation who has been
certified by the Ohio peace
officer training commission and who is
engaged in the enforcement of
those chapters. A separate journal
entry shall be entered for
each employee to whom that power is
delegated. Each journal
entry shall be a matter of public record
and shall be maintained
in an administrative portion of the
journal as provided for in
division (L) of section 5703.05 of the
Revised Code. When
that journal entry is completed, the employee
to whom it pertains,
while engaged within the scope of the
employee's duties in
enforcing the provisions of this chapter or
Chapter 5728., 5735., 5739., 5741., or
5747. of the Revised Code, has the
power of a police officer to
carry concealed weapons, make
arrests, and obtain warrants for
violations of any provision in
those chapters. The commissioner, at
any time, may suspend or
revoke
the commissioner's delegation by
journal
entry. No
employee of the department shall divulge any information acquired
as a
result of an investigation pursuant to this chapter or
Chapter 5728.,
5735., 5739., 5741., or 5747. of the Revised Code, except
as may
be required by the commissioner or a court.
(C)(1) The tax commissioner shall not delegate
any
investigation powers to an employee of the department of
taxation
pursuant to division (B) of this section on a
permanent basis, on
a temporary basis, for a probationary term,
or on other than a
permanent basis if the employee previously has
been convicted of
or has pleaded guilty to a felony.
(2)(a) The tax commissioner shall revoke the
delegation of
investigation powers to an employee to whom the
delegation was
made pursuant to division (B) of this
section if that employee
does either of the following:
(i) Pleads guilty to a felony;
(ii) Pleads guilty to a misdemeanor pursuant to a
negotiated
plea agreement as provided in division (D) of
section
2929.43 of the Revised Code in which the
employee agrees to
surrender the certificate awarded to that
employee under section
109.77 of the Revised Code.
(b) The tax commissioner shall suspend the
delegation of
investigation powers to an employee to whom the
delegation was
made pursuant to division (B) of this
section if that employee is
convicted, after trial, of a
felony. If the employee files an
appeal from that
conviction and the conviction is
upheld by the
highest court to which the appeal is taken or if
the employee does
not file a timely appeal, the commissioner
shall revoke the
delegation of investigation powers to that
employee. If the
employee files an appeal that results in that employee's
acquittal
of the felony or conviction of a misdemeanor, or in the dismissal
of
the felony charge against that employee, the commissioner
shall
reinstate the delegation of investigation powers to that
employee.
The suspension, revocation, and reinstatement of the
delegation of
investigation powers to an employee under division
(C)(2) of this
section shall be made by journal entry
pursuant to division (B) of
this section. An employee to
whom the delegation of investigation
powers is reinstated under
division (C)(2)(b) of this section
shall
not receive any back pay for the exercise of those
investigation
powers unless that employee's conviction of the
felony was
reversed on appeal, or the felony charge was
dismissed,
because the court found insufficient evidence to
convict the
employee of the felony.
(3) Division (C) of this section does not apply
regarding an
offense that was committed prior to
January 1, 1997.
(4) The suspension or revocation of the delegation of
investigation powers
to an employee under division (C)(2) of this
section shall be in
accordance with Chapter 119. of the Revised
Code.
Section 3.15. That the existing version of section 5743.45 of the Revised Code that is scheduled to take effect January 1, 2004, is hereby repealed.
Section 3.16. Sections 3.14 and 3.15 of this act take effect January 1, 2004.
Section 3.17. Section 5111.161 of the Revised Code is hereby repealed, effective October 1, 2005.
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 |
|
$ |
322,691,174 |
|
$ |
382,288,718 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
440,744,431 |
|
$ |
510,683,226 |
ACCRUED LEAVE LIABILITY FUND
The foregoing appropriation item 995-666, Accrued Leave
Fund,
shall be used to make payments from the Accrued Leave
Liability
Fund (Fund 806), pursuant to section 125.211 of the
Revised Code.
If it is determined by the Director of Budget and
Management that
additional amounts are necessary, the amounts are
appropriated.
STATE EMPLOYEE DISABILITY LEAVE BENEFIT FUND
The foregoing appropriation item 995-667, Disability Fund,
shall be used to make payments from the State Employee Disability
Leave Benefit Fund (Fund 807), pursuant to section 124.83 of the
Revised Code. If it is determined by the Director of Budget and
Management that additional amounts are necessary, the amounts are
appropriated.
STATE EMPLOYEE HEALTH BENEFIT FUND
The foregoing appropriation item 995-668, State Employee
Health Benefit Fund, shall be used to make payments from the
State
Employee Health Benefit Fund (Fund 808), pursuant to
section
124.87 of the Revised Code. If it is determined by the
Director
of Budget and Management that additional amounts are
necessary,
the amounts are appropriated.
DEPENDENT CARE SPENDING ACCOUNT
The foregoing appropriation item 995-669, Dependent Care
Spending Account, shall be used to make payments from the
Dependent Care Spending Account (Fund 809) to employees eligible
for dependent care expenses. If it is determined by the Director
of Budget and Management that additional amounts are necessary,
the amounts are appropriated.
LIFE INSURANCE INVESTMENT FUND
The foregoing appropriation item 995-670, Life Insurance
Investment Fund, shall be used to make payments from the Life
Insurance Investment Fund (Fund 810) for the costs and expenses
of
the state's life insurance benefit program pursuant to section
125.212 of the Revised Code. If it is determined by the Director
of Budget and Management that additional amounts are necessary,
the amounts are appropriated.
PARENTAL LEAVE BENEFIT FUND
The foregoing appropriation item 995-671, Parental Leave
Benefit
Fund, shall be used to make payments from the Parental
Leave
Benefit Fund (Fund 811) to employees eligible for parental
leave
benefits pursuant to section 124.137 of the Revised Code.
If
it
is determined by the Director of Budget and Management that
additional amounts are necessary, the amounts are appropriated.
Section 7. ADJ ADJUTANT GENERAL
GRF |
745-401 |
|
Ohio Military Reserve |
|
$ |
14,889 |
|
$ |
15,188 |
GRF |
745-404 |
|
Air National Guard |
|
$ |
1,915,177 |
|
$ |
1,939,762 |
GRF |
745-409 |
|
Central Administration |
|
$ |
3,976,734 |
|
$ |
3,899,590 |
GRF |
745-499 |
|
Army National Guard |
|
$ |
3,987,516 |
|
$ |
4,086,222 |
GRF |
745-502 |
|
Ohio National Guard Unit Fund |
|
$ |
100,953 |
|
$ |
102,973 |
TOTAL GRF General Revenue Fund |
|
$ |
9,995,269 |
|
$ |
10,043,735 |
General Services Fund Group
534 |
745-612 |
|
Armory Improvements |
|
$ |
534,304 |
|
$ |
534,304 |
536 |
745-620 |
|
Camp Perry/Buckeye Inn Operations |
|
$ |
1,094,970 |
|
$ |
1,094,970 |
537 |
745-604 |
|
ONG Maintenance |
|
$ |
219,826 |
|
$ |
219,826 |
TOTAL GSF General Services Fund Group |
|
$ |
1,849,100 |
|
$ |
1,849,100 |
Federal Special Revenue Fund Group
3E8 |
745-628 |
|
Air National Guard Operations and Maintenance Agreement |
|
$ |
11,901,459 |
|
$ |
12,174,760 |
3R8 |
745-603 |
|
Counter Drug Operations |
|
$ |
25,000 |
|
$ |
25,000 |
3S0 |
745-602 |
|
Higher Ground Training |
|
$ |
10,937 |
|
$ |
10,937 |
341 |
745-615 |
|
Air National Guard Base Security |
|
$ |
2,181,960 |
|
$ |
2,312,877 |
342 |
745-616 |
|
Army National Guard Service Agreement |
|
$ |
8,109,221 |
|
$ |
8,686,892 |
TOTAL FED Federal Special Revenue Fund Group |
|
$ |
22,228,577 |
|
$ |
23,210,466 |
State Special Revenue Fund Group
528 |
745-605 |
|
Marksmanship Activities |
|
$ |
66,078 |
|
$ |
66,078 |
TOTAL SSR State Special Revenue Fund Group |
|
$ |
66,078 |
|
$ |
66,078 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
34,139,024 |
|
$ |
35,169,379 |
Section 8. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES
GRF |
100-402 |
|
Unemployment Compensation |
|
$ |
155,831 |
|
$ |
155,189 |
GRF |
100-405 |
|
Agency Audit Expenses |
|
$ |
350,000 |
|
$ |
350,000 |
GRF |
100-406 |
|
County
& University Human Resources Services |
|
$ |
591,007 |
|
$ |
568,634 |
GRF |
100-409 |
|
Departmental Information Services |
|
$ |
790,278 |
|
$ |
788,444 |
GRF |
100-410 |
|
Veterans' Records Conversion |
|
$ |
19,729 |
|
$ |
47,123 |
GRF |
100-416 |
|
Strategic Technology Development Programs |
|
$ |
1,689,155 |
|
$ |
1,584,140 |
GRF |
100-417 |
|
MARCS |
|
$ |
1,696,760 |
|
$ |
900,000 |
GRF |
100-418 |
|
Digital Government |
|
$ |
3,446,645 |
|
$ |
3,643,649 |
GRF |
100-419 |
|
Network Security |
|
$ |
3,293,501 |
|
$ |
2,170,766 |
GRF |
100-421 |
|
OAKS Project Implementation |
|
$ |
450,000 |
|
$ |
450,000 |
GRF |
100-433 |
|
State of Ohio Computer Center |
|
$ |
4,936,073 |
|
$ |
4,991,719 |
GRF |
100-439 |
|
Equal Opportunity Certification Programs |
|
$ |
661,531 |
|
$ |
661,531 |
GRF |
100-447 |
|
OBA - Building Rent Payments |
|
$ |
105,675,000 |
|
$ |
117,027,700 |
GRF |
100-448 |
|
OBA - Building Operating Payments |
|
$ |
25,445,550 |
|
$ |
26,003,250 |
GRF |
100-449 |
|
DAS - Building Operating Payments |
|
$ |
4,264,675 |
|
$ |
4,460,417 |
GRF |
100-451 |
|
Minority Affairs |
|
$ |
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 |
|
$ |
2,400,000 |
|
$ |
2,400,000 |
TOTAL GRF General Revenue Fund |
|
$ |
157,210,735 |
|
$ |
167,547,562 |
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 |
|
$ |
2,352,869,612 |
|
$ |
2,443,058,371 |
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 8.11. 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. Notwithstanding section 123.10 of the Revised Code, the Director of Administrative Services shall collect no commissions or fees in connection with the rental of property during the period beginning July 1, 2003, and ending June 30, 2005.
Section 9. AAM COMMISSION ON AFRICAN AMERICAN MALES
GRF |
036-100 |
|
Personal Services |
|
$ |
212,492 |
|
$ |
218,610 |
GRF |
036-200 |
|
Maintenance |
|
$ |
50,180 |
|
$ |
50,180 |
GRF |
036-300 |
|
Equipment |
|
$ |
4,000 |
|
$ |
4,000 |
GRF |
036-501 |
|
CAAM Awards and Scholarships |
|
$ |
8,143 |
|
$ |
765 |
GRF |
036-502 |
|
Community Projects |
|
$ |
25,185 |
|
$ |
26,445 |
TOTAL GRF General Revenue Fund |
|
$ |
300,000 |
|
$ |
300,000 |
State Special Revenue Fund Group
4H3 |
036-601 |
|
Commission on African American Males - Gifts/Grants |
|
$ |
10,000 |
|
$ |
10,000 |
TOTAL SSR State Special Revenue
Fund Group |
|
$ |
10,000 |
|
$ |
10,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
310,000 |
|
$ |
310,000 |
COMMISSION ON AFRICAN AMERICAN MALES PROGRESS REVIEW
Annually, not later than the thirty-first day of December, the Commission on African
American Males
shall internally prepare and submit to the chairperson and ranking
minority member of the Human
Services Subcommittee of the Finance
and Appropriations Committee of the
House of Representatives a
report that demonstrates the progress that has
been made toward
meeting the Commission's mission statement.
From the foregoing appropriations, the Commission on African American Males shall provide in each fiscal year $50,000 to the Cincinnati State Community College to purchase books and equipment in order to furnish the Cincinnati State William F. Bowen Room that will honor Ohio's African-American legislators.
Section 10. JCR JOINT COMMITTEE ON AGENCY RULE REVIEW
GRF |
029-321 |
|
Operating Expenses |
|
$ |
363,769 |
|
$ |
379,769 |
TOTAL GRF General Revenue Fund |
|
$ |
363,769 |
|
$ |
379,769 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
363,769 |
|
$ |
379,769 |
The Chief Administrative Officer of the House of
Representatives and the Clerk
of the Senate shall determine, by
mutual agreement, which of them shall act as
fiscal
agent for
the
Joint Committee on Agency Rule Review.
Section 11. AGE DEPARTMENT OF AGING
GRF |
490-321 |
|
Operating Expenses |
|
$ |
2,308,867 |
|
$ |
2,308,867 |
GRF |
490-403 |
|
PASSPORT |
|
$ |
81,008,877 |
|
$ |
103,746,032 |
GRF |
490-405 |
|
Golden Buckeye Card |
|
$ |
297,628 |
|
$ |
297,628 |
GRF |
490-406 |
|
Senior Olympics |
|
$ |
16,636 |
|
$ |
16,636 |
GRF |
490-407 |
|
Lon-Term Care Consumer Guide |
|
$ |
285,000 |
|
$ |
285,000 |
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 |
|
$ |
11,271,431 |
|
$ |
11,271,431 |
GRF |
490-412 |
|
Residential State Supplement |
|
$ |
9,960,356 |
|
$ |
10,210,356 |
GRF |
490-414 |
|
Alzheimers Respite |
|
$ |
4,346,689 |
|
$ |
4,346,689 |
GRF |
490-416 |
|
Transportation for Elderly |
|
$ |
138,369 |
|
$ |
138,369 |
GRF |
490-419 |
|
Prescription Drug Discount Program |
|
$ |
169,986 |
|
$ |
169,986 |
GRF |
490-506 |
|
Senior Volunteers |
|
$ |
375,471 |
|
$ |
375,471 |
TOTAL GRF General Revenue Fund |
|
$ |
111,137,043 |
|
$ |
134,124,198 |
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 |
|
$ |
142,926,054 |
|
$ |
151,954,474 |
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 |
|
$ |
216,628,542 |
|
$ |
228,070,852 |
State Special Revenue Fund Group
4C4 |
490-609 |
|
Regional Long-Term Care
Ombudsman Program |
|
$ |
829,321 |
|
$ |
829,321 |
4J4 |
490-610 |
|
PASSPORT/Residential State Supplement |
|
$ |
33,268,052 |
|
$ |
33,263,984 |
4U9 |
490-602 |
|
PASSPORT Fund |
|
$ |
5,500,000 |
|
$ |
5,500,000 |
5K9 |
490-613 |
|
Nursing Home Consumer Guide |
|
$ |
400,000 |
|
$ |
400,000 |
5W1 |
490-616 |
|
Resident Services Coordinator Program |
|
$ |
250,000 |
|
$ |
250,000 |
624 |
490-604 |
|
OCSC Community Support |
|
$ |
2,500 |
|
$ |
2,500 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
40,249,873 |
|
$ |
40,245,805 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
368,640,965 |
|
$ |
403,066,362 |
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
Of the foregoing appropriation item 490-411, Senior Community Services, $300,000 shall be allocated to the Visiting Nurses Association of Cleveland.
The remainder of the foregoing appropriation item 490-411, Senior Community
Services, shall be
used for services designated by the Department
of Aging,
including, but not
limited to, home-delivered and congregate meals,
transportation services,
personal care
services, respite services, adult day services,
home repair, care coordination, and decision support systems.
Service priority shall be
given to low income, frail,
and
cognitively impaired persons 60
years of age and over. The department
shall promote
cost sharing
by service recipients for those
services funded with
block grant
funds, including, where possible,
sliding-fee scale payment
systems based on
the income of service
recipients.
The foregoing appropriation item 490-414, Alzheimers
Respite,
shall be used to fund only Alzheimer's disease
services under
section 173.04 of the Revised Code.
TRANSPORTATION FOR ELDERLY
The foregoing appropriation item 490-416, Transportation for
Elderly, shall be used for noncapital expenses related to
transportation services for the elderly that provide access to
such things as healthcare services, congregate meals,
socialization programs, and grocery shopping. The funds pass through and shall be administered by the Area Agencies on Aging. The appropriation
shall be allocated to the following agencies:
(A) Up to $34,912 in fiscal year 2004 and up to $34,039 in fiscal year 2005 to the Jewish Vocational Services/Cincinnati;
(B) Up to $34,912 in fiscal year 2004 and up to $34,039 in fiscal year 2005 to the Jewish Community Center of Cleveland;
(C) Up to $34,912 in fiscal year 2004 and up to $34,039 in fiscal year 2005 to the Wexner Heritage Village/Columbus;
(D) Up to $15,469 in fiscal year 2004 and up to $15,082 in fiscal year 2005 to the Jewish Family Services of Dayton;
(E) Up to $7,805 in fiscal year 2004 and up to $7,610 in fiscal year 2005 to the Jewish Community Center of Akron;
(F) Up to $3,832 in fiscal year 2004 and up to $3,736 in fiscal year 2005 to the Jewish Community Center/Youngstown;
(G) Up to $2,270 in fiscal year 2004 and up to $2,214 in fiscal year 2005 to the Jewish Community Center/Canton;
(H) Up to $7,805 in fiscal year 2004 and up to $7,610 in fiscal year 2005 to the Jewish Community Center/Sylvania.
Agencies receiving funding from appropriation item 490-416,
Transportation for Elderly, shall coordinate services with other
local service agencies.
RESIDENTIAL STATE SUPPLEMENT
Under the Residential State Supplement Program, the amount
used
to determine whether a resident is eligible for payment and
for
determining the amount per month the eligible resident will
receive
shall be as follows:
(A) $900 for a residential care facility, as defined in
section
3721.01 of the Revised Code;
(B) $900 for an adult group home, as defined in Chapter
3722. of the
Revised Code;
(C) $800 for an adult foster home, as defined in Chapter
173.
of the
Revised Code;
(D) $800 for an adult family home, as defined in Chapter
3722. of the
Revised Code;
(E) $800 for an adult community alternative home, as defined
in
Chapter 3724. of the Revised Code;
(F) $800 for an adult residential facility, as defined in
Chapter
5119. of the Revised Code;
(G) $600 for adult community mental health housing services,
as
defined in division (B)(5) of section 173.35 of the Revised
Code.
The Departments of Aging and Job and Family Services shall
reflect
these
amounts in any applicable rules the departments adopt
under
section
173.35 of the Revised Code.
TRANSFER OF RESIDENTIAL STATE SUPPLEMENT APPROPRIATIONS
The Department of Aging may transfer cash by intrastate
transfer vouchers from
the
foregoing appropriation items 490-412,
Residential State
Supplement,
and 490-610, PASSPORT/Residential
State Supplement, to the
Department of
Job and Family Services'
Fund 4J5,
Home and Community-Based Services for the Aged
Fund.
The funds
shall be used to make
benefit payments to
Residential
State
Supplement recipients.
The foregoing appropriation item 490-410, Long-Term Care
Ombudsman, shall be
used for a
program to fund
ombudsman program
activities in nursing homes, adult
care facilities, boarding
homes, and home and community care
services.
PRESCRIPTION DRUG DISCOUNT PROGRAM
The foregoing appropriation item 490-419, Prescription Drug Discount Program, shall be used to administer a prescription drug discount program.
REGIONAL LONG-TERM CARE OMBUDSMAN PROGRAMS
The foregoing appropriation item 490-609, Regional Long-Term
Care Ombudsman
Programs,
shall be used solely
to pay the costs of
operating the regional long-term care
ombudsman programs.
PASSPORT/RESIDENTIAL STATE SUPPLEMENT
Of the foregoing appropriation item 490-610,
PASSPORT/Residential State Supplement, up to $2,835,000 each
fiscal year
may be used to fund the
Residential State Supplement
Program. The remaining available funds shall be
used to
fund the
PASSPORT program.
TRANSFER OF APPROPRIATIONS - FEDERAL AGING NUTRITION, FEDERAL
SUPPORTIVE SERVICES, AND OLDER AMERICANS SUPPORT SERVICES
Upon written request of the Director of Aging,
the Director
of Budget and Management may transfer
appropriation authority
among appropriation items
490-611, Federal Aging
Nutrition,
490-612, Federal Supportive
Services, and
490-618,
Older Americans
Support Services, in amounts not to exceed 30 per
cent of
the
appropriation from which the transfer is made. The
Department of
Aging shall
report such transfers to the Controlling
Board at the
next
regularly scheduled
meeting of the board.
OHIO COMMUNITY SERVICE COUNCIL
The foregoing appropriation items 490-409, Ohio Community
Service Council Operations, and 490-617, Ohio Community Service Council
Programs, shall be used
in
accordance with section 121.40 of the
Revised Code.
Section 12. AGR DEPARTMENT OF AGRICULTURE
GRF |
700-321 |
|
Operating Expenses |
|
$ |
2,737,665 |
|
$ |
2,771,628 |
GRF |
700-401 |
|
Animal Disease Control |
|
$ |
4,121,815 |
|
$ |
4,121,815 |
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 |
|
$ |
94,954 |
|
$ |
94,954 |
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 |
|
$ |
621,049 |
|
$ |
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 |
|
$ |
4,651,611 |
|
$ |
4,696,889 |
GRF |
700-501 |
|
County Agricultural Societies |
|
$ |
381,091 |
|
$ |
381,091 |
TOTAL GRF General Revenue Fund |
|
$ |
20,942,138 |
|
$ |
20,986,685 |
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 |
Holding Account Redistribution Fund Group
XXX |
700-XXX |
|
Farm Service Electronic Filing |
|
$ |
60,000 |
|
$ |
60,000 |
TOTAL 090 Holding Account Redistribution Fund Group |
|
$ |
60,000 |
|
$ |
60,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
41,367,251 |
|
$ |
41,788,167 |
Of the foregoing appropriation item 700-405, Animal Damage Control, $50,000 shall be used in each fiscal year for coyote and black vulture indemnification.
INTERNATIONAL TRADE AND MARKET DEVELOPMENT
Of the foregoing appropriation item 700-411, International Trade and Market Development, $100,000 shall be used in fiscal year 2004 for the Ohio-Israel Agricultural Initiative.
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.
FARM SERVICE ELECTRONIC FILING
As soon as possible on or after July 1, 2003, the Director of Budget and Management shall make a one-time cash transfer of $60,000 from Fund 382, Cooperative Contracts, to Fund XXX, Farm Service Electronic Filing Fund, in fiscal year 2004. The Farm Service Electronic Filing Fund shall be administered by the Department of Agriculture.
Section 13. AIR AIR QUALITY DEVELOPMENT AUTHORITY
4Z9 |
898-602 |
|
Small Business Ombudsman |
|
$ |
233,482 |
|
$ |
233,482 |
5A0 |
898-603 |
|
Small Business Assistance |
|
$ |
197,463 |
|
$ |
197,463 |
570 |
898-601 |
|
Operating Expenses |
|
$ |
243,383 |
|
$ |
243,383 |
TOTAL AGY Agency Fund Group |
|
$ |
674,328 |
|
$ |
674,328 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
674,328 |
|
$ |
674,328 |
Section 14. ADA DEPARTMENT OF ALCOHOL AND DRUG ADDICTION SERVICES
GRF |
038-321 |
|
Operating Expenses |
|
$ |
1,200,293 |
|
$ |
1,200,293 |
GRF |
038-401 |
|
Treatment Services |
|
$ |
36,762,306 |
|
$ |
36,762,306 |
GRF |
038-404 |
|
Prevention Services |
|
$ |
1,055,033 |
|
$ |
1,055,033 |
TOTAL GRF General Revenue Fund |
|
$ |
39,017,632 |
|
$ |
39,017,632 |
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 |
|
$ |
15,191,182 |
|
$ |
15,191,182 |
5P1 |
038-615 |
|
Credentialing |
|
$ |
225,000 |
|
$ |
0 |
689 |
038-604 |
|
Education and Conferences |
|
$ |
280,000 |
|
$ |
280,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
15,696,182 |
|
$ |
15,471,182 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
163,202,388 |
|
$ |
163,721,112 |
Of the foregoing appropriation item 038-401, Treatment Services, not more than $8,190,000 shall be used by the Department of Alcohol and Drug Addiction Services for program grants for priority populations in each year of the biennium.
AM. SUB. H.B. 484 OF THE 122nd GENERAL ASSEMBLY
Of the foregoing appropriation item 038-401, Treatment
Services, $4 million in each fiscal year shall be
allocated for
services to families, adults, and adolescents
pursuant to the
requirements of Am. Sub. H.B. 484 of the 122nd
General Assembly.
Of the foregoing appropriation item 038-401, Treatment Services, $200,000 in each fiscal year shall be allocated to establish a Talbert House Facility in Butler County. These funds are in addition to any other funds for which the Talbert House facility and Butler County are eligible to receive from the Department of Alcohol and Drug Addiction Services.
SERVICES FOR TANF-ELIGIBLE INDIVIDUALS
Of the foregoing appropriation item 038-401, Treatment Services, $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.
Of the foregoing appropriation item 038-401, Treatment Services, $750,000 shall be used in each fiscal year for expansion of the Therapeutic Communities Program in the Department of Rehabilitation and Correction.
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.
COMMUNITY CAPITAL ASSISTANCE FUNDS
Any proceeds from the repayment of ODADAS community capital assistance funds from St. Anthony's Villa shall be deposited into Fund 475, appropriation item 038-621, Statewide Treatment and Prevention, and such amounts are hereby appropriated for distribution to other community capital assistance projects in Lucas County.
Section 15. AMB AMBULANCE LICENSING BOARD
General Services Fund Group
4N1 |
915-601 |
|
Operating Expenses |
|
$ |
272,340 |
|
$ |
284,054 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
272,340 |
|
$ |
284,054 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
272,340 |
|
$ |
284,054 |
Section 16. ARC STATE BOARD OF EXAMINERS OF ARCHITECTS
General Services Fund Group
4K9 |
891-609 |
|
Operating Expenses |
|
$ |
480,574 |
|
$ |
479,574 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
480,574 |
|
$ |
479,574 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
480,574 |
|
$ |
479,574 |
Section 17. ART OHIO ARTS COUNCIL
GRF |
370-100 |
|
Personal Services |
|
$ |
1,896,848 |
|
$ |
1,892,879 |
GRF |
370-200 |
|
Maintenance |
|
$ |
547,404 |
|
$ |
532,998 |
GRF |
370-300 |
|
Equipment |
|
$ |
227,788 |
|
$ |
27,056 |
GRF |
370-502 |
|
Program Subsidies |
|
$ |
9,896,320 |
|
$ |
9,648,912 |
TOTAL GRF General Revenue Fund |
|
$ |
12,568,360 |
|
$ |
12,101,845 |
General Services Fund Group
4B7 |
370-603 |
|
Per Cent for Art Acquisitions |
|
$ |
86,366 |
|
$ |
86,366 |
460 |
370-602 |
|
Operations |
|
$ |
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 |
|
$ |
14,741,351 |
|
$ |
14,274,836 |
Of the foregoing appropriation item 370-300, Equipment, $200,000 in fiscal year 2004 shall be used for computer upgrades.
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
COMMISSION
GRF |
371-321 |
|
Operating Expenses |
|
$ |
97,451 |
|
$ |
97,451 |
GRF |
371-401 |
|
Lease Rental Payments |
|
$ |
36,283,800 |
|
$ |
37,617,700 |
TOTAL GRF General Revenue Fund |
|
$ |
36,381,251 |
|
$ |
37,715,151 |
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 |
|
$ |
37,439,822 |
|
$ |
38,812,684 |
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 |
055-405 |
|
Law-Related Education |
|
$ |
193,402 |
|
$ |
194,183 |
GRF |
055-406 |
|
Community Police Match and Law Enforcement Assistance |
|
$ |
2,258,843 |
|
$ |
2,258,843 |
GRF |
055-411 |
|
County Sheriffs |
|
$ |
731,879 |
|
$ |
736,929 |
GRF |
055-415 |
|
County Prosecutors |
|
$ |
717,182 |
|
$ |
723,490 |
TOTAL GRF General Revenue Fund |
|
$ |
57,787,243 |
|
$ |
57,799,382 |
General Services Fund Group
106 |
055-612 |
|
General Reimbursement |
|
$ |
18,870,196 |
|
$ |
18,870,196 |
107 |
055-624 |
|
Employment Services |
|
$ |
984,396 |
|
$ |
984,396 |
195 |
055-660 |
|
Workers' Compensation Section |
|
$ |
7,769,628 |
|
$ |
7,769,628 |
4Y7 |
055-608 |
|
Title Defect Rescission |
|
$ |
570,623 |
|
$ |
570,623 |
4Z2 |
055-609 |
|
BCI Asset Forfeiture and Cost Reimbursement |
|
$ |
332,109 |
|
$ |
332,109 |
418 |
055-615 |
|
Charitable Foundations |
|
$ |
1,899,066 |
|
$ |
1,899,066 |
420 |
055-603 |
|
Attorney General Antitrust |
|
$ |
446,449 |
|
$ |
446,449 |
421 |
055-617 |
|
Police Officers' Training Academy Fee |
|
$ |
1,193,213 |
|
$ |
1,193,213 |
5A9 |
055-618 |
|
Telemarketing Fraud Enforcement |
|
$ |
52,378 |
|
$ |
52,378 |
590 |
055-633 |
|
Peace Officer Private Security Fund |
|
$ |
98,370 |
|
$ |
98,370 |
629 |
055-636 |
|
Corrupt Activity Investigation and Prosecution |
|
$ |
108,230 |
|
$ |
108,230 |
631 |
055-637 |
|
Consumer Protection Enforcement |
|
$ |
1,373,832 |
|
$ |
1,373,832 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
33,698,490 |
|
$ |
33,698,490 |
Federal Special Revenue Fund Group
3E5 |
055-638 |
|
Anti-Drug Abuse |
|
$ |
1,923,400 |
|
$ |
1,981,102 |
3R6 |
055-613 |
|
Attorney General Federal Funds |
|
$ |
3,730,191 |
|
$ |
3,842,097 |
306 |
055-620 |
|
Medicaid Fraud Control |
|
$ |
2,882,970 |
|
$ |
2,969,459 |
381 |
055-611 |
|
Civil Rights Legal Service |
|
$ |
390,815 |
|
$ |
390,815 |
383 |
055-634 |
|
Crime Victims Assistance |
|
$ |
17,561,250 |
|
$ |
18,439,313 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
26,488,626 |
|
$ |
27,622,786 |
State Special Revenue Fund Group
4L6 |
055-606 |
|
DARE |
|
$ |
3,927,962 |
|
$ |
3,927,962 |
402 |
055-616 |
|
Victims of Crime |
|
$ |
27,933,893 |
|
$ |
27,933,893 |
417 |
055-621 |
|
Domestic Violence Shelter |
|
$ |
14,492 |
|
$ |
14,492 |
419 |
055-623 |
|
Claims Section |
|
$ |
13,649,954 |
|
$ |
13,649,954 |
659 |
055-641 |
|
Solid and Hazardous Waste Background Investigations |
|
$ |
621,159 |
|
$ |
621,159 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
46,147,460 |
|
$ |
46,147,460 |
Holding Account Redistribution Fund Group
R03 |
055-629 |
|
Bingo License Refunds |
|
$ |
5,200 |
|
$ |
5,200 |
R04 |
055-631 |
|
General Holding Account |
|
$ |
275,000 |
|
$ |
275,000 |
R05 |
055-632 |
|
Antitrust Settlements |
|
$ |
10,400 |
|
$ |
10,400 |
R18 |
055-630 |
|
Consumer Frauds |
|
$ |
750,000 |
|
$ |
750,000 |
R42 |
055-601 |
|
Organized Crime Commission Account |
|
$ |
200,000 |
|
$ |
200,000 |
TOTAL 090 Holding Account |
|
|
|
|
|
|
Redistribution Fund Group |
|
$ |
1,240,600 |
|
$ |
1,240,600 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
165,362,419 |
|
$ |
166,508,718 |
The foregoing appropriation item 055-405, Law-Related Education, shall be distributed directly to the Ohio Center for Law-Related Education for the purposes of providing continuing citizenship education activities to primary and secondary students and accessing additional public and private money for new programs.
WORKERS' COMPENSATION SECTION
The Workers' Compensation Section Fund (Fund 195) shall
receive payments from the Bureau of Workers' Compensation and the
Ohio Industrial Commission at the beginning of each quarter of
each fiscal year to fund legal services to be provided to the
Bureau of Workers' Compensation and the Ohio Industrial
Commission
during the ensuing quarter. Such advance payment
shall be subject
to adjustment.
In addition, the Bureau of Workers' Compensation shall
transfer
payments at the beginning of each quarter for the support
of the
Workers' Compensation Fraud Unit.
All amounts shall be mutually agreed upon by the Attorney
General, the Bureau of Workers' Compensation, and the Ohio
Industrial Commission.
CORRUPT ACTIVITY INVESTIGATION AND PROSECUTION
The foregoing appropriation item 055-636, Corrupt Activity
Investigation and Prosecution, shall be used as provided by
division (D)(2) of
section 2923.35 of the Revised Code to dispose
of the proceeds, fines, and
penalties credited to the Corrupt
Activity Investigation and Prosecution Fund,
which is created in
division (D)(1)(b) of section 2923.35 of the Revised
Code. If it
is determined that additional amounts are
necessary, the amounts
are hereby appropriated.
COMMUNITY POLICE MATCH AND LAW ENFORCEMENT ASSISTANCE
In fiscal years 2004 and 2005, the Attorney General's Office
may
request the Director of Budget and Management to transfer
appropriation authority from appropriation item 055-321, Operating
Expenses, to
appropriation item
055-406, Community Police Match
and Law
Enforcement Assistance.
The Director of Budget and
Management
shall then transfer
appropriation authority from
appropriation
item 055-321, Operating
Expenses, to appropriation
item 055-406,
Community Police Match
and Law Enforcement
Assistance. Moneys
transferred to
appropriation item 055-406, Community Police Match and Law Enforcement Assistance,
shall be used to pay
operating expenses
and to provide grants to
local law enforcement
agencies and
communities for the purpose of
supporting law
enforcement-related
activities.
Section 21. AUD AUDITOR OF STATE
GRF |
070-321 |
|
Operating Expenses |
|
$ |
30,813,217 |
|
$ |
30,813,217 |
GRF |
070-403 |
|
Fiscal Watch/Emergency Technical Assistance |
|
$ |
750,000 |
|
$ |
950,000 |
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 |
|
$ |
34,160,804 |
|
$ |
34,360,804 |
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 |
|
$ |
85,561,182 |
|
$ |
89,019,115 |
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 limited to, the following: duties
related to the determination or termination of fiscal watch or
fiscal emergency of municipal corporations, counties, or townships
as outlined in Chapter 118. of the Revised Code and of school
districts as outlined in Chapter 3316. of the Revised Code;
development of preliminary accounting reports; performance of
annual forecasts; provision of performance audits; and
supervisory, accounting, or auditing services for the mentioned
public entities and school districts. The unencumbered balance of
appropriation item 070-403, Fiscal Watch/Emergency
Technical Assistance, at the end of fiscal year 2004 is
transferred to fiscal year 2005 for use under the same
appropriation item.
ELECTRONIC DATA PROCESSING
The unencumbered balance of appropriation item 070-405,
Electronic Data Processing - Auditing and Administration, at the
end
of fiscal year 2004 is transferred to fiscal year 2005
for
use
under the same appropriation item.
UNIFORM ACCOUNTING NETWORK/TECHNOLOGY IMPROVEMENTS FUND
The foregoing appropriation item 070-406, Uniform
Accounting
Network/Technology Improvements Fund, shall be used to pay the
costs
of
developing and implementing the Uniform
Accounting
Network and
technology improvements for the Office of the Auditor
of State.
The unencumbered balance of the appropriation at
the
end of
fiscal year 2004 is transferred to fiscal year
2005 to pay
the costs of developing and implementing the
Uniform
Accounting Network and technology improvements for the
Office of
the Auditor of State.
Section 22. BRB BOARD OF BARBER EXAMINERS
General Services Fund Group
4K9 |
877-609 |
|
Operating Expenses |
|
$ |
535,853 |
|
$ |
555,037 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
535,853 |
|
$ |
555,037 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
535,853 |
|
$ |
555,037 |
Section 23. OBM OFFICE OF BUDGET AND MANAGEMENT
GRF |
042-321 |
|
Budget Development and Implementation |
|
$ |
3,092,469 |
|
$ |
2,405,243 |
GRF |
042-409 |
|
Commission Closures |
|
$ |
95,000 |
|
$ |
0 |
GRF |
042-410 |
|
National Association Dues |
|
$ |
27,089 |
|
$ |
27,902 |
GRF |
042-412 |
|
Audit of Auditor of State |
|
$ |
62,110 |
|
$ |
55,760 |
TOTAL GRF General Revenue Fund |
|
$ |
3,276,668 |
|
$ |
2,488,905 |
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 |
|
$ |
14,471,194 |
|
$ |
13,933,892 |
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 |
874-100 |
|
Personal Services |
|
$ |
2,031,400 |
|
$ |
2,051,400 |
GRF |
874-320 |
|
Maintenance and Equipment |
|
$ |
1,022,262 |
|
$ |
982,929 |
TOTAL GRF General Revenue Fund |
|
$ |
3,053,662 |
|
$ |
3,034,329 |
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 |
|
$ |
6,835,947 |
|
$ |
6,779,534 |
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 CHIROPRACTIC BOARD
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 |
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 |
800-410 |
|
Labor and Worker Safety |
|
$ |
3,700,040 |
|
$ |
3,725,040 |
Total GRF General Revenue Fund |
|
$ |
3,700,040 |
|
$ |
3,725,040 |
General Services Fund Group
163 |
800-620 |
|
Division of Administration |
|
$ |
3,385,803 |
|
$ |
3,490,056 |
163 |
800-637 |
|
Information Technology |
|
$ |
2,753,299 |
|
$ |
2,772,924 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
6,139,102 |
|
$ |
6,262,980 |
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 |
4X2 |
800-619 |
|
Financial Institutions |
|
$ |
2,020,798 |
|
$ |
2,200,843 |
5B9 |
800-632 |
|
PI
& Security Guard Provider |
|
$ |
784,550 |
|
$ |
0 |
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 |
|
$ |
3,868,918 |
|
$ |
0 |
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 |
|
$ |
3,764,279 |
|
$ |
3,735,445 |
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 |
|
$ |
90,599,478 |
|
$ |
86,994,637 |
Liquor Control Fund Group
043 |
800-601 |
|
Merchandising |
|
$ |
341,079,554 |
|
$ |
353,892,432 |
043 |
800-627 |
|
Liquor Control Operating |
|
$ |
17,248,488 |
|
$ |
15,981,346 |
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 |
|
$ |
386,353,342 |
|
$ |
408,639,578 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
490,364,720 |
|
$ |
509,271,383 |
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.
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 may transfer up to $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 may transfer up to $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 may transfer up to $1,000,000 cash from the Real Estate Fund (Fund 549) 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 may transfer up to $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 necessary, 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 |
911-441 |
|
Ballot Advertising Costs |
|
$ |
887,500 |
|
$ |
487,500 |
TOTAL GRF General Revenue Fund |
|
$ |
7,350,000 |
|
$ |
6,950,000 |
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 |
|
$ |
11,350,000 |
|
$ |
6,950,000 |
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 Public Safety, 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 Public Safety |
|
$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 Public Safety, 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 Public Safety, 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
Public Safety
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.
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, $302,000 shall be for the purpose of paying fiscal year 2005 office space rental expenses. 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 35. CJS OFFICE OF CRIMINAL JUSTICE SERVICES
GRF |
196-401 |
|
Criminal Justice Information System |
|
$ |
534,570 |
|
$ |
520,503 |
GRF |
196-403 |
|
Center for Violence Prevention |
|
$ |
20,000 |
|
$ |
20,000 |
GRF |
196-405 |
|
Violence Prevention Subsidy |
|
$ |
707,076 |
|
$ |
688,469 |
GRF |
196-424 |
|
Operating Expenses |
|
$ |
1,431.371 |
|
$ |
1,427,971 |
TOTAL GRF General Revenue Fund |
|
$ |
2,693,017 |
|
$ |
2,656,943 |
General Services Fund Group
4P6 |
196-601 |
|
General Services |
|
$ |
135,450 |
|
$ |
86,500 |
TOTAL GSF Services Fund Group |
|
$ |
135,450 |
|
$ |
86,500 |
Federal Special Revenue Fund Group
3L5 |
196-604 |
|
Justice Program |
|
$ |
30,334,908 |
|
$ |
30,311,870 |
3U1 |
196-602 |
|
Criminal Justice Federal Programs |
|
$ |
1,000,000 |
|
$ |
0 |
3V8 |
196-605 |
|
Federal Program Purposes FFY 01 |
|
$ |
250,000 |
|
$ |
0 |
TOTAL FED Federal Special Revenue Fund Group |
|
$ |
31,584,908 |
|
$ |
30,311,870 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
34,413,375 |
|
$ |
33,055,313 |
The Office of Criminal Justice Services shall make all efforts to maximize the amount of funding available for the defense of indigent persons.
CRIMINAL JUSTICE INFORMATION SYSTEM
The foregoing appropriation item 196-401, Criminal Justice Information System, shall be used by the Office of Criminal Justice Services to work on a plan to improve Ohio's criminal justice information systems. The Director of Criminal Justice Services shall evaluate the progress of this plan and issue a report to the Governor, the Speaker and the Minority Leader of the House of Representatives, the President and the Minority Leader of the Senate, the Criminal Justice Policy Board, and the Legislative Service Commission by the first day of January of each year of the two-year biennium beginning July 1, 2003, and ending June 30, 2005.
VIOLENCE PREVENTION SUBSIDY
Of the foregoing appropriation item 196-405, Violence Prevention Subsidy, $60,000 in fiscal year 2004 shall be used for Montgomery County's STVM Safe House Domestic Transitional Housing.
Of the foregoing appropriation item 196-424, Operating Expenses, up to $650,000 in each fiscal year shall be used for the purpose of matching federal funds.
JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT
The foregoing appropriation item 196-602, Criminal Justice Federal Programs, shall be used to fund and close out the Juvenile Accountability Incentive Block Grant Program for federal fiscal year 1999.
Section 36. DEN STATE DENTAL BOARD
General Services Fund Group
4K9 |
880-609 |
|
Operating Expenses |
|
$ |
1,324,456 |
|
$ |
1,346,656 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
1,324,456 |
|
$ |
1,346,656 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,324,456 |
|
$ |
1,346,656 |
Section 37. BDP BOARD OF DEPOSIT
General Services Fund Group
4M2 |
974-601 |
|
Board of Deposit |
|
$ |
1,676,000 |
|
$ |
1,676,000 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
1,676,000 |
|
$ |
1,676,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,676,000 |
|
$ |
1,676,000 |
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 |
|
$ |
16,634,934 |
|
$ |
17,334,934 |
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 |
|
$ |
6,049,345 |
|
$ |
7,049,345 |
GRF |
195-408 |
|
Coal Research Development |
|
$ |
588,041 |
|
$ |
599,802 |
GRF |
195-410 |
|
Defense Conversion Assistance |
|
$ |
2,500,000 |
|
$ |
0 |
GRF |
195-412 |
|
Business Development Grants |
|
$ |
9,750,000 |
|
$ |
10,500,000 |
GRF |
195-414 |
|
First Frontier Match |
|
$ |
389,987 |
|
$ |
389,987 |
GRF |
195-415 |
|
Economic Development Division and Regional Offices |
|
$ |
6,394,975 |
|
$ |
6,394,975 |
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 |
|
$ |
18,000,000 |
|
$ |
20,685,000 |
GRF |
195-426 |
|
Clean Ohio Administration |
|
$ |
518,730 |
|
$ |
518,730 |
GRF |
195-432 |
|
International Trade |
|
$ |
4,492,713 |
|
$ |
4,492,713 |
GRF |
195-433 |
|
State Marketing Program |
|
$ |
500,000 |
|
$ |
750,000 |
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 |
|
$ |
1,025,000 |
|
$ |
1,025,000 |
GRF |
195-515 |
|
Economic Development Contingency |
|
$ |
10,000,000 |
|
$ |
10,000,000 |
GRF |
195-516 |
|
Shovel Ready Sites |
|
$ |
2,500,000 |
|
$ |
2,500,000 |
GRF |
195-905 |
|
Third Frontier Research & Commercialization General Obligation Debt Service |
|
$ |
0 |
|
$ |
7,360,000 |
GRF |
195-906 |
|
Coal Research/Development General Obligation Debt Service |
|
$ |
7,231,200 |
|
$ |
9,185,100 |
TOTAL GRF General Revenue Fund |
|
$ |
112,458,475 |
|
$ |
125,051,167 |
General Services Fund Group
135 |
195-605 |
|
Supportive Services |
|
$ |
7,417,068 |
|
$ |
7,539,686 |
136 |
195-621 |
|
International Trade |
|
$ |
24,915 |
|
$ |
24,915 |
685 |
195-636 |
|
General Reimbursements |
|
$ |
1,316,012 |
|
$ |
1,232,530 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
8,757,995 |
|
$ |
8,797,131 |
Federal Special Revenue Fund Group
3K8 |
195-613 |
|
Community Development Block Grant |
|
$ |
65,000,000 |
|
$ |
65,000,000 |
3K9 |
195-611 |
|
Home Energy Assistance Block Grant |
|
$ |
85,036,000 |
|
$ |
85,036,000 |
3K9 |
195-614 |
|
HEAP Weatherization |
|
$ |
16,219,479 |
|
$ |
16,219,479 |
3L0 |
195-612 |
|
Community Services Block Grant |
|
$ |
25,235,000 |
|
$ |
25,235,000 |
3V1 |
195-601 |
|
HOME Program |
|
$ |
40,000,000 |
|
$ |
40,000,000 |
308 |
195-602 |
|
Appalachian Regional Commission |
|
$ |
350,200 |
|
$ |
350,200 |
308 |
195-603 |
|
Housing and Urban Development |
|
$ |
5,000,000 |
|
$ |
5,000,000 |
308 |
195-605 |
|
Federal Projects |
|
$ |
15,300,248 |
|
$ |
15,300,248 |
308 |
195-609 |
|
Small Business Administration |
|
$ |
4,196,381 |
|
$ |
4,296,381 |
308 |
195-618 |
|
Energy Federal Grants |
|
$ |
3,397,659 |
|
$ |
3,397,659 |
335 |
195-610 |
|
Oil Overcharge |
|
$ |
8,500,000 |
|
$ |
8,500,000 |
380 |
195-622 |
|
Housing Development Operating |
|
$ |
5,606,080 |
|
$ |
5,667,627 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
273,841,047 |
|
$ |
274,002,594 |
State Special Revenue Fund Group
4F2 |
195-639 |
|
State Special Projects |
|
$ |
540,183 |
|
$ |
290,183 |
4H4 |
195-641 |
|
First Frontier |
|
$ |
500,000 |
|
$ |
500,000 |
4S0 |
195-630 |
|
Enterprise Zone Operating |
|
$ |
211,900 |
|
$ |
211,900 |
4S1 |
195-634 |
|
Job Creation Tax Credit Operating |
|
$ |
375,800 |
|
$ |
375,800 |
4W1 |
195-646 |
|
Minority Business Enterprise Loan |
|
$ |
2,580,597 |
|
$ |
2,580,597 |
444 |
195-607 |
|
Water and Sewer Commission Loans |
|
$ |
523,775 |
|
$ |
523,775 |
445 |
195-617 |
|
Housing Finance Operating |
|
$ |
5,040,843 |
|
$ |
4,983,738 |
450 |
195-624 |
|
Minority Business Bonding Program Administration |
|
$ |
13,563 |
|
$ |
13,563 |
451 |
195-625 |
|
Economic Development Financing Operating |
|
$ |
2,358,310 |
|
$ |
2,358,310 |
5M4 |
195-659 |
|
Universal Service |
|
$ |
170,000,000 |
|
$ |
170,000,000 |
5M5 |
195-660 |
|
Energy Efficiency Revolving Loan |
|
$ |
12,000,000 |
|
$ |
12,000,000 |
611 |
195-631 |
|
Water and Sewer Administration |
|
$ |
15,713 |
|
$ |
15,713 |
617 |
195-654 |
|
Volume Cap Administration |
|
$ |
200,000 |
|
$ |
200,000 |
646 |
195-638 |
|
Low and Moderate Income Housing Trust Fund |
|
$ |
40,000,000 |
|
$ |
40,000,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
234,360,684 |
|
$ |
234,053,579 |
Facilities Establishment Fund Group
037 |
195-615 |
|
Facilities Establishment |
|
$ |
63,931,149 |
|
$ |
63,931,149 |
4Z6 |
195-647 |
|
Rural Industrial Park Loan |
|
$ |
5,000,000 |
|
$ |
5,000,000 |
5D2 |
195-650 |
|
Urban Redevelopment Loans |
|
$ |
10,475,000 |
|
$ |
10,475,000 |
5H1 |
195-652 |
|
Family Farm Loan Guarantee |
|
$ |
1,500,000 |
|
$ |
1,500,000 |
5S8 |
195-627 |
|
Rural Development Initiative |
|
$ |
5,000,000 |
|
$ |
5,000,000 |
5S9 |
195-628 |
|
Capital Access Loan Program |
|
$ |
3,000,000 |
|
$ |
3,000,000 |
TOTAL 037 Facilities |
|
|
|
|
|
|
Establishment Fund Group |
|
$ |
88,906,149 |
|
$ |
88,906,149 |
Clean Ohio Revitalization Fund
003 |
195-663 |
|
Clean Ohio Operating |
|
$ |
150,000 |
|
$ |
150,000 |
TOTAL 003 Clean Ohio Revitalization Fund |
|
$ |
150,000 |
|
$ |
150,000 |
Coal Research/Development Fund
046 |
195-632 |
|
Coal Research & Development Fund |
|
$ |
13,168,357 |
|
$ |
13,168,357 |
TOTAL 046 Coal Research/Development Fund |
|
$ |
13,168,357 |
|
$ |
13,168,357 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
731,642,707 |
|
$ |
744,128,977 |
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.
COAL RESEARCH DEVELOPMENT
The foregoing appropriation item 195-408, Coal Research Development, shall be used for the administrative costs of the Coal Development Office within the Technology Division.
Section 38.03. OHIO PREPAREDNESS FOR BRAC-2005
The foregoing appropriation item 195-410, Defense Conversion Assistance, shall be used for grants to local communities to pay for the costs associated with the research and preparation of response plans for military installations in Ohio, including Wright Patterson Air Force Base, Springfield Air National Guard Base, and other Ohio military installations in the state for the U.S. Department of Defense Base Realignment and Closure (BRAC) 2005 Program. The grants shall contain requirements for cost sharing to evidence the commitment of local communities to this process. The Director of Development may reserve up to five per cent of the appropriation for contingency and administration support.
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.
Of the foregoing appropriation item 195-415, Economic Development Division and Regional Offices, up to $500,000 in fiscal year 2004 shall be used to support the Ohio Broadband Initiative.
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.
Of the foregoing appropriation item 195-416, Governor's Office of Appalachia, up to $4,372,324 in each fiscal year shall be used in conjunction with other federal and state funds to provide financial assistance to projects in Ohio's Appalachian counties in order to further the goals of the Appalachian Regional Commission. Such projects and project sponsors shall meet Appalachian Regional Commission eligibility requirements. Grants shall be administered by the Department of Development.
The foregoing appropriation item 195-417, Urban/Rural
Initiative, shall be
used to make grants in accordance with
sections 122.19 to 122.22 of the Ohio
Revised Code.
Section 38.07. THIRD FRONTIER ACTION FUND
The foregoing appropriation item 195-422, Third Frontier Action Fund, shall be used to make grants in accordance with sections 184.01 and 184.02 of the Revised Code. Prior to the release of funds from appropriation item 195-422, Third Frontier Action Fund, each grant award shall be recommended for funding by the Third Frontier Commission and obtain approval from the Controlling Board.
Of the foregoing appropriation item 195-422, Third Frontier Action Fund, not more than
six per cent in each fiscal year shall be
used
for
operating expenditures in
administering the program.
In addition to the six per cent for operating expenditures,
an additional administrative amount, not to exceed $1,500,000
within the biennium, shall be available for proposal evaluation, research and analyses, and
marketing efforts deemed necessary to receive and disseminate
information about science and technology-related opportunities in the state.
SCIENCE AND TECHNOLOGY COLLABORATION
The Department of Development shall work in close collaboration with the Board of Regents and the Third Frontier Commission in relation to appropriation items and programs listed in the following paragraph, and other technology-related appropriations and programs in the Department of Development and the Board of Regents as those agencies may designate, to ensure implementation of a coherent state strategy with respect to science and technology.
Each of the following appropriations and programs: 195-401, Thomas Edison Program; 195-408, Coal Research Development; 195-422, Third Frontier Action Fund; 195-632, Coal Research and Development Fund; 235-454, Research Challenge; 235-510, Ohio Supercomputer Center; 235-527, Ohio Aerospace Institute; 235-535, Agricultural Research and Development Center; 235-553, Dayton Area Graduate Studies Institute; 235-554, Computer Science Graduate Education; 235-556, Ohio Academic Resources Network; and 195-435, 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; $600,000 in each
fiscal year
shall be used for grants to the
International Center
for the
Preservation of Wild Animals; $120,000 in each fiscal year shall be used for the Ottawa County Visitors Bureau, the Sandusky/Erie County Visitors and Convention Bureau, and the Lorain County Visitors Bureau for collaborative efforts to promote tourism; $25,000 in each fiscal year shall be used for the Ohio River Trails Program; $40,000 in fiscal year 2004 shall be used for the United States Senior Open in Toledo; $20,000 in fiscal year 2005 for the Professional Football Hall of Fame; and $20,000 in fiscal year 2005 for the Cuyahoga Valley Scenic Railroad.
Section 38.11a. SHOVEL READY SITES
The foregoing appropriation item 195-516, Shovel Ready Sites, shall be used for the Shovel Ready Sites Program.
The Director of Development shall contract for pilot projects with three port authorities, two of which shall be from urban counties with populations of at least 200,000 but not more than 600,000 residents, and one of which shall be from a rural county. The appropriation shall be used to leverage federal funds, local funds, or both, to provide grants for the preparation of sites for immediate construction for infrastructure in the state.
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.
COAL RESEARCH AND DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE
The foregoing appropriation item 195-906, Coal Research/Development General Obligation Debt Service, shall be used to pay all debt service and related financing costs at the times they are required to be made under sections 151.01 and 151.07 of the Revised Code during the period from July 1, 2003, to June 30, 2005. The Commissioners 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 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 |
|
$ |
32,490,073 |
|
$ |
33,440,073 |
GRF |
200-411 |
|
Family and Children First |
|
$ |
3,324,750 |
|
$ |
3,324,750 |
GRF |
200-416 |
|
Career-Technical Education Match |
|
$ |
2,322,195 |
|
$ |
2,322,195 |
GRF |
200-420 |
|
Technical Systems Development |
|
$ |
5,703,750 |
|
$ |
5,703,750 |
GRF |
200-421 |
|
Alternative Education Programs |
|
$ |
16,135,547 |
|
$ |
16,135,547 |
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 |
|
$ |
10,805,625 |
|
$ |
10,805,625 |
GRF |
200-432 |
|
School Conflict Management |
|
$ |
583,010 |
|
$ |
583,010 |
GRF |
200-433 |
|
Reading/Writing/Math Improvement |
|
$ |
20,488,264 |
|
$ |
20,488,264 |
GRF |
200-437 |
|
Student Assessment |
|
$ |
41,353,391 |
|
$ |
45,955,391 |
GRF |
200-439 |
|
Accountability/Report Cards |
|
$ |
4,087,500 |
|
$ |
4,087,500 |
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 |
|
$ |
18,678,969 |
|
$ |
18,678,969 |
GRF |
200-447 |
|
GED Testing/Adult High School |
|
$ |
1,829,106 |
|
$ |
1,829,106 |
GRF |
200-448 |
|
Educator Preparation |
|
$ |
24,375 |
|
$ |
24,375 |
GRF |
200-449 |
|
Head Start/Head Start Plus Start Up |
|
$ |
11,000,000 |
|
$ |
5,000,000 |
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 |
|
$ |
4,441,761,256 |
|
$ |
4,494,729,879 |
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 |
|
$ |
8,998,025 |
|
$ |
8,998,025 |
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 |
|
$ |
38,990,815 |
|
$ |
41,190,815 |
GRF |
200-514 |
|
Postsecondary Adult Career-Technical Education |
|
$ |
19,919,464 |
|
$ |
19,919,464 |
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 |
|
$ |
333,890,279 |
|
$ |
448,820,387 |
GRF |
200-532 |
|
Nonpublic Administrative Cost Reimbursement |
|
$ |
55,803,103 |
|
$ |
55,803,103 |
GRF |
200-540 |
|
Special Education Enhancements |
|
$ |
137,214,484 |
|
$ |
139,536,046 |
GRF |
200-545 |
|
Career-Technical Education Enhancements |
|
$ |
14,572,907 |
|
$ |
14,572,907 |
GRF |
200-546 |
|
Charge-Off Supplement |
|
$ |
45,888,802 |
|
$ |
45,888,802 |
GRF |
200-558 |
|
Emergency Loan Interest Subsidy |
|
$ |
3,022,500 |
|
$ |
2,300,000 |
GRF |
200-566 |
|
OhioReads Grants |
|
$ |
17,125,223 |
|
$ |
17,167,728 |
GRF |
200-578 |
|
Safe and Supportive Schools |
|
$ |
3,576,348 |
|
$ |
3,576,348 |
GRF |
200-901 |
|
Property Tax Allocation - Education |
|
$ |
783,350,000 |
|
$ |
822,360,000 |
GRF |
200-906 |
|
Tangible Tax Exemption - Education |
|
$ |
70,710,000 |
|
$ |
67,710,000 |
TOTAL GRF General Revenue Fund |
|
$ |
7,228,028,875 |
|
$ |
7,438,357,757 |
General Services Fund Group
138 |
200-606 |
|
Computer Services |
|
$ |
7,404,690 |
|
$ |
7,635,949 |
4D1 |
200-602 |
|
Ohio Prevention/Education Resource Center |
|
$ |
347,000 |
|
$ |
347,000 |
4L2 |
200-681 |
|
Teacher Certification and Licensure |
|
$ |
5,038,017 |
|
$ |
5,236,517 |
452 |
200-638 |
|
Miscellaneous Revenue |
|
$ |
500,000 |
|
$ |
500,000 |
5B1 |
200-651 |
|
Child Nutrition Services |
|
$ |
800,000 |
|
$ |
800,000 |
5H3 |
200-687 |
|
School District Solvency Assistance |
|
$ |
18,000,000 |
|
$ |
18,000,000 |
596 |
200-656 |
|
Ohio Career Information System |
|
$ |
516,694 |
|
$ |
529,761 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
32,606,401 |
|
$ |
33,049,227 |
Federal Special Revenue Fund Group
3C5 |
200-661 |
|
Early Childhood Education |
|
$ |
21,508,746 |
|
$ |
21,508,746 |
3D1 |
200-664 |
|
Drug Free Schools |
|
$ |
13,169,757 |
|
$ |
13,347,966 |
3D2 |
200-667 |
|
Honors Scholarship Program |
|
$ |
1,786,500 |
|
$ |
1,786,500 |
3H9 |
200-605 |
|
Head Start Collaboration Project |
|
$ |
275,000 |
|
$ |
275,000 |
3L6 |
200-617 |
|
Federal School Lunch |
|
$ |
185,948,186 |
|
$ |
191,898,528 |
3L7 |
200-618 |
|
Federal School Breakfast |
|
$ |
48,227,431 |
|
$ |
49,524,254 |
3L8 |
200-619 |
|
Child/Adult Food Programs |
|
$ |
63,577,244 |
|
$ |
65,293,830 |
3L9 |
200-621 |
|
Career-Technical Education Basic Grant |
|
$ |
48,029,701 |
|
$ |
48,029,701 |
3M0 |
200-623 |
|
ESEA Title 1A |
|
$ |
356,458,504 |
|
$ |
384,975,184 |
3M1 |
200-678 |
|
Innovative Education |
|
$ |
15,041,997 |
|
$ |
16,094,937 |
3M2 |
200-680 |
|
Ind W/Disab Education Act |
|
$ |
288,468,284 |
|
$ |
331,392,575 |
3S2 |
200-641 |
|
Education Technology |
|
$ |
19,682,057 |
|
$ |
20,469,339 |
3S6 |
200-698 |
|
Dispute Resolution-Federal |
|
$ |
140,000 |
|
$ |
140,000 |
3T4 |
200-613 |
|
Public Charter Schools |
|
$ |
23,287,500 |
|
$ |
26,187,113 |
3Y2 |
200-688 |
|
21st Century Community Learning Centers |
|
$ |
17,138,239 |
|
$ |
18,500,000 |
3Y4 |
200-632 |
|
Reading First |
|
$ |
29,881,256 |
|
$ |
33,168,194 |
3Y6 |
200-635 |
|
Improving Teacher Quality |
|
$ |
103,686,420 |
|
$ |
104,100,000 |
3Y7 |
200-689 |
|
English Language Acquisition |
|
$ |
4,872,334 |
|
$ |
5,505,737 |
3Z2 |
200-690 |
|
State Assessments |
|
$ |
11,894,315 |
|
$ |
12,489,031 |
309 |
200-601 |
|
Educationally Disadvantaged |
|
$ |
22,148,769 |
|
$ |
22,899,001 |
366 |
200-604 |
|
Adult Basic Education |
|
$ |
21,369,906 |
|
$ |
22,223,820 |
367 |
200-607 |
|
School Food Services |
|
$ |
10,767,759 |
|
$ |
11,144,631 |
368 |
200-614 |
|
Veterans' Training |
|
$ |
626,630 |
|
$ |
655,587 |
369 |
200-616 |
|
Career-Tech Education Federal Enhancement |
|
$ |
8,165,672 |
|
$ |
8,165,672 |
370 |
200-624 |
|
Education of Exceptional Children |
|
$ |
1,933,910 |
|
$ |
1,933,910 |
374 |
200-647 |
|
Troops to Teachers |
|
$ |
2,618,076 |
|
$ |
2,622,370 |
TOTAL FED Federal Special |
|
|
|
|
|
|
Revenue Fund Group |
|
$ |
1,320,704,193 |
|
$ |
1,414,331,626 |
State Special Revenue Fund Group
4R7 |
200-695 |
|
Indirect Cost Recovery |
|
$ |
5,002,500 |
|
$ |
5,250,400 |
4V7 |
200-633 |
|
Interagency Support |
|
$ |
800,000 |
|
$ |
800,000 |
454 |
200-610 |
|
Guidance and Testing |
|
$ |
956,761 |
|
$ |
956,761 |
455 |
200-608 |
|
Commodity Foods |
|
$ |
11,308,000 |
|
$ |
11,624,624 |
5U2 |
200-685 |
|
National Education Statistics |
|
$ |
200,000 |
|
$ |
200,000 |
5W2 |
200-663 |
|
Head Start Plus/Head Start |
|
$ |
57,170,000 |
|
$ |
110,184,000 |
5X8 |
200-453 |
|
Jobs for Ohio Graduates Program |
|
$ |
1,750,000 |
|
$ |
1,750,000 |
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 |
|
$ |
79,516,171 |
|
$ |
133,094,695 |
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 |
|
$ |
9,414,667,233 |
|
$ |
9,772,644,898 |
Section 40.01. 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.
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
agencies, and other
interested parties regarding the Public Preschool Program and performance indicators, as outlined by the Department.
(C) For purposes of this section,
"eligible child" means a
child who is at
least three years of age, is not of the age to be eligible for kindergarten, and whose family
earns not
more than 185 per cent of the federal poverty guidelines.
(D) After setting aside the amounts to make payments due from the previous fiscal year, in fiscal year 2004 and fiscal year 2005, the Department shall distribute funds first to recipients of funds under the program in the previous fiscal year and the balance to new recipients. Awards under this section shall be distributed on a per-pupil basis, which the Department may adjust so that the per-pupil amount multiplied by the number of eligible children enrolled and receiving services, as defined by the Department, reported on the first day of December or the first business day following that date equals the amount allocated under division (A) of this section. The Department may increase the per-pupil amount by a reasonable percentage for inflation, to be determined by the Department.
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, $5,200,000 in fiscal year 2004 shall be used by the
Department of
Education to support
a statewide comprehensive
system of regional professional development centers
that support
local educators' ability to foster academic achievement in the
students they
serve. Of the foregoing appropriation item 200-410, Professional Development, $5,200,000 in fiscal year 2005 shall be used by the regional education delivery system. Before releasing these funds in fiscal year 2005, the Department of Education shall submit a spending plan to the Controlling Board. The release of the funds is contingent on Controlling Board approval of the spending plan. Both the regional professional development centers in fiscal year 2004 and the regional education delivery system in fiscal year 2005 shall include training that assists educators, school leadership, and technical assistance providers in understanding and implementing standards-based education, data analysis, and development of assessment systems for quality instruction.
Of the foregoing appropriation item 200-410, Professional
Development, $7,079,625 in fiscal year 2004 and $8,004,625 in fiscal year 2005 shall be used by the Department of Education to provide grants to pay $2,000 of the application fee in order to assist teachers from public and chartered nonpublic schools applying for the first time to the National Board for Professional Teaching Standards for professional teaching certificates or licenses that the board offers. This set aside shall also be used to recognize and reward
teachers who become certified
by the National Board for Professional Teaching Standards pursuant to section 3319.55 of the
Revised Code. Up to $300,000 in each fiscal year of this set aside may be used by the Department to pay for costs associated with activities to support candidates through the application and certification process.
These moneys shall be used
to pay up to the first 500
applications in fiscal year 2004 and the first 400 applications in fiscal year 2005 received
by the Department. Each
prospective applicant for certification or licensure
shall submit
an application to the Department of Education.
When the
Department has collected a group of applications, but not later
than
30 days after receipt of the first application in a group, it
shall send the
applications to the National Board for Professional
Teaching Standards along
with a check to cover the remaining cost of the
application fee for all applicants in
that group.
Of the foregoing appropriation item 200-410, Professional
Development, up to
$13,442,358 in each fiscal year shall be allocated for entry year
programs.
These funds shall be used to support mentoring services and performance assessments of beginning teachers in school districts and chartered nonpublic schools.
Of the foregoing appropriation item 200-410, Professional Development, up to $188,090 in each fiscal year shall be used to provide technical assistance and 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.
Of the foregoing appropriation item 200-410, Professional Development, up to $670,000 in each fiscal year shall be used for training and professional development of school administrators, school treasurers, and school business officials.
Of the foregoing appropriation item 200-410, Professional Development, $144,000 in each fiscal year shall be used by the Department of Education to develop a supply and demand report that describes the availability of quality educators and critical educator shortage areas in Ohio.
Of the foregoing appropriation item 200-410, Professional Development, $1,056,000 in each fiscal year shall be used for educator recruitment programs targeting special need areas, including recruiting highly qualified minority candidates into teaching, recruiting prospective mathematics and science teachers, and targeting other areas of special need.
Of the foregoing appropriation item 200-410, Professional Development, $60,000 in fiscal year 2004 and $70,000 in fiscal year 2005 shall be used to support the Ohio University Leadership Program.
Of the foregoing appropriation item 200-410, Professional Development, $4,650,000 in each fiscal year shall be allocated by the Department of Education on a per pupil basis, to school districts in academic emergency. These funds shall be used by the districts to provide an equivalent of five days of ongoing embedded professional development for classroom teachers who provide instruction in the subject areas of reading, writing, mathematics, science, or social studies to students enrolled in the ninth or tenth grade. This professional development shall focus on developing subject competency, developing cultural competency, developing skills for analyzing test data, and developing data-based intervention strategies to prepare students below grade level to pass the Ohio Graduation Test. Districts shall submit a research-based, professional development plan for five days of embedded professional development to the Department of Education prior to receiving funds. The plan shall detail how ninth and tenth grade teachers will learn and implement classroom strategies for students to reach state standards in mathematics, reading, writing, social studies, and science.
CAREER-TECHNICAL EDUCATION MATCH
The foregoing appropriation item 200-416, Career-Technical Education Match, shall be used by the Department of Education to provide vocational administration matching funds pursuant to 20 U.S.C. 2311.
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 $7,529,274 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 $7,494,820 in each fiscal
year shall be used for the renewal
of successful implementation of
grants and for competitive
matching grants to rural and suburban
school districts for
alternative educational programs for existing
and new
at-risk and
delinquent youth. Programs shall be focused
on youth in one or
more of the following categories: those who
have been expelled or
suspended,
those who have dropped out of
school or who are at risk
of dropping out of
school, those who are
habitually truant or
disruptive, or those on probation
or on
parole from a Department
of Youth Services
facility. Grants shall
be awarded according to
the criteria established by the
Alternative Education Advisory
Council in 1999. Grants shall
be
awarded only to programs where
the grant would not serve as the
program's
primary source of
funding. These grants shall be
administered by the
Department of
Education.
The Department of Education may waive
compliance with any
minimum education standard established under section
3301.07 of
the Revised Code for any alternative school that
receives a grant
under this section on
the grounds that the waiver will enable the
program to more effectively
educate students enrolled in the
alternative school.
Of the foregoing appropriation item 200-421, Alternative Education Programs, $75,000 in each fiscal year shall be used to support the Toledo Tech Academy.
Of the foregoing appropriation item 200-421, Alternative
Education Programs, up to $449,235 in each fiscal year may
be used
for program
administration, monitoring, technical assistance,
support,
research, and evaluation. Any unexpended balance may be
used to
provide
additional matching grants to urban, suburban, or
rural
school districts as
outlined above.
Of the foregoing appropriation item 200-421, Alternative
Education Programs, $287,218 in each fiscal year shall be used to
contract with the Center for Learning Excellence at The Ohio State
University to provide technical support for the project and the
completion of formative and summative evaluation of the grants.
Of the foregoing appropriation item 200-421, Alternative Education Programs, $300,000 in each fiscal year shall be used to support Amer-I-Can. Of this set-aside, no funds shall be disbursed without approval of the Controlling Board. Amer-I-Can programs shall submit to the Controlling Board a biennial spending plan that delineates how these funds will be spent. Amer-I-Can programs also shall demonstrate to the Controlling Board that they have hired an independent evaluator and have selected valid and reliable instruments to assess pre and post changes in student behavior.
SCHOOL MANAGEMENT ASSISTANCE
Of the foregoing appropriation item 200-422, School
Management Assistance, $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 up to $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
use the same per building amount as used to provide connectivity subsidy funds to public school buildings.
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 primarily 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 provide support to districts in the development and implementation of their continuous improvement plans as
required in
section 3302.04 of the Revised Code and to provide technical assistance and support in accordance with Title I of the "No Child Left Behind Act of 2001," 115 Stat. 1425, 20 U.S.C. 6317.
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.
Of the foregoing appropriation item 200-431, School Improvement Initiatives, $50,000 in each fiscal year shall be used to support LEAF.
SCHOOL CONFLICT MANAGEMENT
The foregoing appropriation item 200-432, School Conflict
Management,
shall be used by the Department of Education
for the purpose of
providing dispute resolution and conflict
management training, consultation,
and materials for school
districts, and for the purpose of providing
competitive
school
conflict management grants to school districts.
READING/WRITING/MATH IMPROVEMENT
Of the foregoing appropriation item 200-433, Reading/Writing/Math
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, and to provide intensive summer training for mathematics teachers.
Of the foregoing appropriation item 200-433, Reading/Writing/Math Improvement, $250,000 in each fiscal year shall be used to continue the Waterford Early Reading Program.
Of the foregoing appropriation item 200-433, Reading/Writing/Math Improvement, up to $1,000,000 in each fiscal year shall be used by the Department of Education to fund the Reading Recovery Training Network, to cover the cost of release time for the teacher trainers, and to provide grants to districts to implement other reading improvement programs on a pilot basis. Funds from this appropriation item also may be used to conduct evaluations of the impact and effectiveness of Reading Recovery and other reading improvement programs.
The remainder of appropriation item 200-433, Reading/Writing/Math 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.
Of the foregoing appropriation item 200-437, Student Assessment, $500,000 in fiscal year 2004 and $100,000 in fiscal year 2005 shall be used by the Department of Education to train school district personnel to score the practice version of the Ohio Graduation Test to be taken by students enrolled in the ninth grade in school districts in academic watch or academic emergency pursuant to sections 3301.0710 and 3301.0711 of the Revised Code.
The remainder of appropriation item 200-437, Student
Assessment,
shall be used to develop, field test, print,
distribute, score,
report results, and support other associated costs for 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 of an accountability system that includes the preparation 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.
Of the foregoing appropriation item 200-446, Education Management Information System, $2,532,500 in each fiscal year shall be used by the Department of Education for the development and implementation of a common core of Education Management Information System data definitions, business practices, and data format standards for the Education Management Information System. This common core shall provide the basis upon which a student software administration package certification process will be designed, developed, and conducted by the Department. On an annual basis, the Department of Education shall convene an advisory group of school districts, community schools, and other education-related entities to review data standards, the certification criteria, and the certification process to recommend changes and enhancements based upon surveys of the software industry and surveys of education agencies in other states to ensure that Ohio's data standards and associated software certification process reflect best practices, align with federal initiatives, and meet the needs of school districts. Additionally, the Department shall utilize these funds to continue support of the Student Management Record System, as defined by the Department of Education, and to ensure the software is in compliance with the Education Management Information System certification criteria. The Department of Education shall work with data acquisition sites and their member school districts and community schools to implement the software in up to four data acquisition sites in each fiscal year.
School districts and community schools shall convert to a student software package that meets the certification criteria by July 1, 2005. If a school district or community school does not have a certified software package by July 1, 2005, the Department of Education shall work with the school district or community school and the data acquisition site to obtain the necessary software or service.
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 Licensure Advisory Commission to carry out the responsibilities of the 21-member Ohio Teacher Education and Licensure Advisory Commission. The advisory commission is charged by the State Board of Education with considering all matters related to educator preparation and licensure, including standards for educator preparation and licensure, approval of institutions and programs, and recommending decisions to the State Board of Education.
TITLE IV-A HEAD START AND TITLE IV-A HEAD START PLUS START UP
The foregoing appropriation item 200-449, Head Start/Head Start Plus Start Up, shall be used to provide start up grants for Title IV-A reimbursable funding for the provision of services to children eligible for Title IV-A services. In fiscal year 2004, these grants shall be provided to Title IV-A Head Start agencies. In fiscal year 2005, these grants shall be provided to Title IV-A Head Start agencies and Title IV-A Head Start Plus agencies. The amount of each grant shall be determined by the Department of Education. Funds appropriated for this purpose shall be reimbursed to the General Revenue Fund when the Title IV-A Head Start or Title IV-A Head Start Plus programs cease or are no longer funded from Title IV-A. If one program ceases or is no longer funded with Title IV-A funds, the General Revenue Fund will be reimbursed for that program.
If a Title IV-A Head Start agency or Title IV-A Head Start Plus agency chooses not to participate in the program or if the Department or Education suspends or terminates part or all of its funding, reimbursement owed to the grantee shall be held by the Department of Education up to the amount of the grant owed by the grantee. If insufficient reimbursement is available to recover the amount owed by the grantee, the grantee shall return the remaining balance within 60 days of the date of the decision not to participate, the suspension, or the termination. Funding recovered from such grantees shall be used by the Department of Education for supplying grants to new grantees for Title IV-A reimbursable funding for provision of services to children eligible for Title IV-A services. Any funding remaining when the Title IV-A Head Start and the Title IV-A Head Start Plus programs cease or are no longer funded with Title IV-A funds shall be returned to the General Revenue Fund.
The Title IV-A Head Start Plus agency that is receiving funds to operate a Head Start program in accordance with section 3301.35 of the Revised Code shall provide the program through contracts with child care providers licensed or certified in accordance with Chapter 5104. of the Revised Code. If a licensed or certified child care provider is not in operation or willing to participate and if eligible families are in need of full-day and full-year Head Start and child care services, the Title IV-A Head Start Plus agency may be the sole source provider.
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 for the cost of reappraisal guarantee pursuant to section 3317.04 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 and the section of this act entitled "EDUCATIONAL SERVICE CENTERS FUNDING." An amount 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, 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."
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 each fiscal year 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
Of the foregoing appropriation item 200-513, Student Intervention Services, $3,700,000 in fiscal year 2004 and $5,900,000 in fiscal year 2005 shall be allocated by the Department of Education, on a per pupil basis, to school districts in academic emergency. Districts shall use these funds for salaries, materials, and training to provide after-school, in-school, Saturday school, summer school, or other related intervention programs to students as specified in division (D)(2) of section 3301.0711 of the Revised Code. In fiscal year 2004 these programs shall be provided to students enrolled in the ninth grade. In fiscal year 2005, these programs shall be provided to students enrolled in the ninth and tenth grades. At the end of each fiscal year, the school districts receiving these funds shall report to the Department of Education the number of students who were offered intervention, the number of students who participated, and the number of students who completed the intervention program, and shall provide an evaluation of the impact of the intervention on students.
Of the foregoing appropriation item 200-513, Student Intervention Services, $100,000 in each fiscal year shall be used for Project GRAD.
Of the foregoing appropriation item 200-513, Student Intervention Services, $150,000 in each fiscal year shall be used for Read Baby Read.
The remainder of appropriation item 200-513, Student
Intervention Services,
shall be used to assist districts
providing
the intervention services specified in section 3313.608 of the
Revised Code.
The Department of Education
shall establish
guidelines for the use and distribution of these moneys. School
districts receiving funds from this appropriation
shall report to
the Department of Education on how funds were
used.
POSTSECONDARY ADULT CAREER-TECHNICAL EDUCATION
Of the foregoing appropriation item 200-514, Postsecondary Adult Career-Technical Education, $40,000 in each fiscal year shall be used for the statewide coordination of the activities of the Ohio Young Farmers.
The remainder of appropriation item 200-514, Postsecondary Adult Career-Technical Education, shall be used by the State Board of Education to provide postsecondary adult career-technical education under sections 3313.52 and 3313.53 of the Revised Code.
DISADVANTAGED PUPIL IMPACT AID
Notwithstanding the distribution formula outlined in section
3317.029 of the Revised Code, each school district shall receive an additional two per cent in Disadvantaged Pupil Impact Aid (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 in fiscal year 2003. 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 in fiscal year 2003. 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
$3,800,000 in each fiscal year
shall be used for school breakfast
programs. Of this amount, up to
$1,000,000
shall be used in each fiscal
year by the Department of Education for the purpose of increasing participation in child nutrition programs, particularly school breakfast and summer meals. The Department shall collaborate with the Children's Hunger Alliance in the outreach effort. The
remainder of
the appropriation shall be used to 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.
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,
$78,384,498 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.
Of the foregoing appropriation item 200-540, Special Education Enhancements, $315,000 in each fiscal year shall be expended to conduct a demonstration project involving language and literacy intervention teams supporting student acquisition of language and literacy skills. The demonstration project shall demonstrate improvement of language and literacy skills of at-risk learners under the instruction of certified speech pathologists and educators. Baseline data shall be collected and comparison data for fiscal year 2004 and fiscal year 2005 shall be collected and reported to the Governor, Ohio Reads Council, Department of Education, and the General Assembly.
Of the foregoing appropriation item 200-540, Special Education Enhancements, up to $500,000 in each fiscal year shall be used for the Research-Based Reading Mentoring Program.
Of the foregoing appropriation item 200-540, Special Education Enhancements, $800,000 in each fiscal year shall be used to support the Bellefaire Jewish Children's Bureau.
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.
Of the foregoing appropriation item 200-545, Career-Technical
Education Enhancements,
$2,225,000 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 at 30, 40, or 50 per cent of
cost
on the basis of a rating
developed by the Department of Education using the state share percentage as provided in division (B)(2) of section 3317.022 of the Revised Code.
Of the foregoing appropriation item
200-545, Career-Technical
Education Enhancements, up to $3,650,000 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.
Of the foregoing appropriation item 200-545, Career-Technical
Educational Enhancements, $300,000 in each fiscal year shall be
used by the Department of Education to enable students in
agricultural programs to enroll in a fifth quarter of instruction based on the agricultural education model of delivering work-based
learning through supervised agricultural experience. The
Department of Education shall determine
eligibility criteria and the reporting process for the Agriculture 5th Quarter Project
and shall fund as many programs as possible given the
$300,000 set aside.
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
Of the foregoing appropriation item 200-566, OhioReads Grants, the OhioReads Office in the Department of Education shall use $2,125,223 in fiscal year 2004 and $2,167,728 in fiscal year 2005 to fund the STARS program.
The remainder of 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.
Of the foregoing appropriation item 200-578, Safe and Supportive Schools, up to $1,800,000 in each fiscal year shall be used for a safe school help line.
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 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
There is hereby established the Title IV-A Head Start Program to be administered by the Department of Education in accordance with an interagency agreement entered into with the Department of Job and Family Services under division (A)(2) of section 5101.801 of the Revised Code. The program shall provide benefits and services to TANF eligible individuals pursuant to the requirements of section 5101.801 of the Revised Code. Upon approval by the Department of Job and Family Services, the Department of Education shall adopt policies and procedures establishing program requirements for eligibility, services, fiscal accountability, and other criteria necessary to comply with the provisions of Title IV-A of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended.
The foregoing appropriation item 200-663, Head Start Plus/Head Start, shall be used to reimburse Title IV-A Head Start Plus and Title IV-A Head Start programs for services to children. The Department of Education shall administer the Title IV-A Head Start Plus and Title IV-A Head Start programs in accordance with an interagency agreement between the Departments of Education and Job and Family Services. Title IV-A Head Start Plus and Title IV-A Head Start providers shall meet all requirements as outlined in section 3301.311 of the Revised Code. The Department of Education shall adopt policies and procedures to establish a procedure for approving Title IV-A Head Start Plus and Title IV-A Head Start agencies.
Of the foregoing appropriation item 200-663, Head Start Plus/Head Start, up to $57,170,000 in fiscal year 2004 shall be used to support the Title IV-A Head Start program. Up to two percent of this amount may be used by the Department of Education to provide associated program support and technical assistance.
Of the foregoing appropriation item 200-663, Head Start Plus/Head Start,
up to $85,000,000 in fiscal year 2005 shall be used to support the Title IV-A Head Start Plus initiative. Title IV-A Head Start Plus shall provide up to 10,000 slots of full-day, full-year programming for children at least three years of age and not kindergarten age eligible. The program shall meet the child care needs of low-income families who meet eligibility requirements established in rules and administrative orders adopted by the Ohio Department of Job and Family Services and provide early education and comprehensive services as provided through the Head Start program before the enactment of this act.
Of the foregoing appropriation item 200-663, Head Start Plus/Head Start, up to $23,184,000 in fiscal year 2005 shall be used to support the Title IV-A Head Start program. This funding shall be used to support up to 4,000 slots of traditional half-day center-based, home-based, combination, or locally-designed option, Title IV-A Head Start services.
Of the foregoing appropriation line item 200-663, Head Start Plus/Head Start, up to $2,000,000 in fiscal year 2005 may be used by the Department of Education to provide associated program support and technical assistance.
For purposes of this section, "eligible child" means a child who is at least three years of age and not of compulsory school age whose family earns not more than 100 per cent of the federal poverty level, except as otherwise provided in the following paragraph.
The Department of Education, in consultation with Title IV-A Head Start agencies and, beginning in July 1, 2004, Title IV-A Head Start Plus agencies, shall establish criteria under which these agencies may apply to the Department for a waiver to include as "eligible children" those children from families earning up to the level of eligibility established for child care subsidy by the Department of Job and Family Services who otherwise qualify as "eligible children" under the preceding paragraph.
In order to serve children whose families receive child care subsidy, Title IV-A Head Start agencies may enroll children whose families receive child care subsidy from the Ohio Department of Job and Family Services. Title IV-A Head Start agencies providing full-day, full-year comprehensive services, or otherwise meeting the child care needs of working families, may partner with child care centers or family day care homes or may access child care subsidy directly. This provision is to meet the child care needs of low-income families who are working, in training or education programs, or participating in Ohio Works First approved activities.
For fiscal year 2005, the Department of Education shall conduct a head count of the number of children served by Head Start agencies under this program in December 2003. Any funding appropriated to this program which the Department of Education projects is not necessary to provide services to children enrolled as of that count shall be returned to the Department of Job and Family Services for use as child care assistance.
The Department of Education shall provide an annual report to the Governor, the Speaker of the House of Representatives, the President of the Senate, the State Board of Education, Title IV-A Head Start Plus and Title IV-A Head Start providers, and other interested parties regarding the Title IV-A Head Start Plus and Title IV-A Head Start program and performance indicators as outlined by the Department of Education.
JOBS FOR OHIO GRADUATES PROGRAM
Pursuant to an interagency agreement entered into between the Department of Job and Family Services and the Department of Education, $1,750,000 from Workforce Investment Act funds (Fund 3V0), reserved for statewide workforce investment activities, in fiscal year 2004 and fiscal year 2005, shall be used to support the Jobs for Ohio Graduates programs administered 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
(A) As used in this section:
(1) "Internet- or computer-based community school" has the same meaning as in section 3314.02 of the Revised Code.
(2) "Service center ADM" has the same meaning as in section 3317.11 of the Revised Code.
(B) Notwithstanding division (F) of section 3317.11 of the
Revised Code, no funds
shall be provided under that division 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.
(C) Notwithstanding any provision of the Revised Code to the contrary, an educational service center that sponsors a community school under Chapter 3314. of the Revised Code in either fiscal year may include the students of that community school in its service center ADM for purposes of state funding under division (F) of section 3317.11 of the Revised Code, unless the community school is an Internet- or computer-based community school. A service center shall include the community school students in its service center ADM only to the extent that the students are not already so included, and only in accordance with guidelines issued by the Department of Education. If the students of a community school sponsored by an educational service center are included in the service center ADM of another educational service center, those students shall be removed from the service center ADM of the other educational service center and added to the service center ADM of the community school's sponsoring service center. The General Assembly authorizes this procedure as an incentive for educational service centers to take over sponsorship of community schools from the State Board of Education as the State Board's sponsorship is phased out in accordance with Sub. H.B. 364 of the 124th General Assembly. No student of an Internet- or computer-based community school shall be counted in the service center ADM of any educational service center. The Department shall pay educational service centers under division (F) of section 3317.11 of the Revised Code for community school students included in their service center ADMs under this division only if sufficient funds earmarked within appropriation item 200-501, Base Cost Funding, for payments under that division remain after first paying for students attributable to their local and client school districts, in accordance with divisions (B) and (D) of this section.
(D) If
insufficient funds are earmarked within appropriation item 200-501, Base Cost Funding, for payments under division (F) of section 3317.11 of the Revised Code and division (C) of this section in fiscal year 2004 or fiscal year 2005,
the Department shall prioritize the distribution of the earmarked funds as follows:
(1) The Department shall
first distribute to each
educational service
center the per-student amount specified in division (F) of section 3317.11 of the Revised Code for each student in its
service center
ADM attributable to the local school districts within the service center's territory.
(2) The Department shall distribute the remaining funds in each fiscal year to each educational service center for the students in its service center ADM 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, up to the per-student amount specified in division (F) of section 3317.11 of the Revised Code. If insufficient funds remain to pay each service center the full amount specified in division (F) of that section for each such student, the Department shall distribute the remaining funds to each service center proportionally, on a per-student basis for each such student, unless that proportional per-student amount exceeds the amount specified in division (F)(1) of that section. In that case, the Department shall distribute the per-student amount specified in division (F)(1) of that section to each service center for each such student and shall distribute the remainder proportionally, on a per-student basis for each such student, to the multi-county service centers described in division (F)(2) of that section.
(3) If the Department has paid each service center under divisions (D)(1) and (2) of this section, the full amount specified in division (F) of section 3317.11 of the Revised Code for each student attributable to its local school districts and its client school districts described in division (D)(2) of this section the Department shall distribute any remaining funds proportionally, on a per-student basis, to each service center that sponsors a community school, other than an Internet- or computer-based community school, for the students included in the service center ADM under division (C) of this section. These payments shall not exceed per student the amount specified in division (F) of section 3317.11 of the Revised Code.
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
certified under division (A) of section
3317.03 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. Each school and school district selected for participation by the Superintendent of Public Instruction shall participate.
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 40.34a. The amendments by this act to division (C)(4) of section 3313.981, division (B)(2)(e) of section 3314.08, division (A)(4) of section 3317.023, and division (A)(3) of section 3317.03 of the Revised Code shall not apply in fiscal year 2004. In fiscal year 2004, the Department of Education shall implement those divisions as if they accounted for one-fourth of joint vocational school district students, as they did prior to the effective date of those amendments. Those divisions, as amended by this act to reduce the percentage of joint vocational school district students accounted for from one-fourth to ten per cent, shall apply beginning in fiscal year 2005.
Section 40.35. (A) As used in this section:
(1) "IEP" has the same meaning as in section 3314.08
of the Revised Code.
(2) "SBH student" means a student receiving special education
and related services for severe behavior handicap conditions
pursuant to an IEP.
(B) This section applies only to a community school
established under Chapter 3314. of the Revised Code that in each of fiscal years 2004 and 2005
enrolls a number of SBH students equal to at least fifty per cent
of the total number of students enrolled in the school in the
applicable fiscal year.
(C) In addition to any payments made under section 3314.08 of
the Revised Code, in each of fiscal years 2004 and 2005 the
Department of Education shall pay to a community school a subsidy
equal to the difference between the aggregate amount calculated and paid in that fiscal year to the community school for special education and related services additional weighted costs for the SBH students enrolled in the school and the aggregate amount that would have been calculated for the school for special education and related services additional weighted costs for those same students in fiscal year 2001. If the
difference is a negative number, the amount of the subsidy shall
be zero.
(D) The amount of any subsidy paid to a community school
under this section shall not be deducted from any moneys
calculated under Chapter 3317. of the Revised Code for payment to
a school district in which any of its students are entitled to
attend school under section 3313.64 or 3313.65 of the Revised
Code.
The amount of any subsidy paid to a community school under this section shall be paid from the amount appropriated to the Department of Education in appropriation item 200-501, Base Cost Funding.
Section 40.36. (A) As used in this section:
(1) "Entitled to attend school" means entitled to attend school in a school district under section 3313.64 and 3313.65 of the Revised Code.
(2) "Formula ADM" and "category six special education ADM" have the same meanings as in section 3317.02 of the Revised Code.
(3) "Individualized education program" has the same meaning as in section 3323.01 of the Revised Code.
(4) "Parent" has the same meaning as in section 3313.64 of the Revised Code.
(5) "Qualified special education child" is a child for whom all of the following conditions apply:
(a) The school district in which the child is entitled to attend school has identified the child as autistic;
(b) The school district in which the child is entitled to attend school has developed an individualized education program under Chapter 3323. of the Revised Code for the child;
(i) Was enrolled in the school district in which the child is entitled to attend school in any grade from preschool through twelve in the school year prior to the year in which a scholarship under this section is first sought for the child;
(ii) Is eligible to enter school in any grade preschool through twelve in the school district in which the child is entitled to attend school in the school year in which a scholarship under this section is first sought for the child.
(6) "Registered private provider" means a nonpublic school or other nonpublic entity that has been approved by the Department of Education to participate in the program established under this section.
(B) There is hereby established the Pilot Project Special Education Scholarship Program. Under the program, in fiscal years 2004 and 2005, the Department of Education shall pay a scholarship to the parent of each qualified special education child upon application of that parent pursuant to procedures and deadlines established by rule of the State Board of Education. Each scholarship shall be used only to pay tuition for the child on whose behalf the scholarship is awarded to attend a special education program that implements the child's individualized education program and that is operated by a school district other than the school district in which the child is entitled to attend school or by another public entity, to either of which under law the parent is required to pay tuition on behalf of the child, or by a registered private provider. Each scholarship shall be in an amount not to exceed the lesser of the tuition charged for the child by the special education program or fifteen thousand dollars. The purpose of the scholarship is to permit the parent of a qualified special education child the choice to send the child to a special education program, instead of, or in addition to, the one operated by or for the school district in which the child is entitled to attend school, to receive the services prescribed in the child's individualized education program. A scholarship under this section shall not be awarded to the parent of a child who attends a public special education program under a contract, compact, or other bilateral agreement between the school district in which the child is entitled to attend school and another school district or other public provider or to the parent of a child who attends a community school established under Chapter 3314. of the Revised Code. A child attending a special education program with a scholarship under this section shall continue to be entitled to transportation to and from that program in the manner prescribed by law.
(C)(1) Notwithstanding anything to the contrary in the Revised Code, a child for whom a scholarship is awarded under this section shall be counted in the formula ADM and the category six special education ADM of the district in which the child is entitled to attend school and not in the formula ADM and the category six special education ADM of any other school district.
(2) In each fiscal year, the Department shall deduct from the amounts paid to each school district under Chapter 3317. of the Revised Code, and, if necessary, sections 321.24 and 323.156 of the Revised Code, the aggregate amount of scholarships awarded under this section for qualified special education children included in the formula ADM and category six special education ADM of that school district as provided in division (C)(1) of this section. The scholarships deducted shall be considered as an approved special education and related services expense for the purpose of the school district's compliance with division (C)(5) of section 3317.022 of the Revised Code.
(3) From time to time, the Department shall make a payment to the parent of each qualified special education child for whom a scholarship has been awarded under this section. The scholarship amount shall be proportionately reduced in the case of any such child who is not enrolled in the special education program for which a scholarship was awarded under this section for the entire school year.
(D) A scholarship shall not be paid to a parent for payment of tuition owed to a nonpublic entity unless that entity is a registered private provider. The Department shall approve entities that meet the standards established by rule of the State Board for the program established under this section.
(E) The State Board shall adopt rules in accordance with Chapter 119. of the Revised Code prescribing procedures necessary to implement this section, including, but not limited to, procedures and deadlines for parents to apply for scholarships, standards for registered private providers, and procedures for approval of entities as registered private providers. The Board shall adopt the rules so that the program established under this section is operational by January 1, 2004.
(F) The Legislative Office of Education Oversight shall conduct a formative evaluation of the program established under this section and shall report its findings to the General Assembly not later than March 1, 2005. In conducting the evaluation, the Office shall to the extent possible gather comments from parents who have been awarded scholarships under the program, school district officials, representatives of registered private providers, educators, and representatives of educational organizations for inclusion in the report required under this section. The report required under this section is not subject to the provision prescribed in the last paragraph of section 3301.68 of the Revised Code.
Section 40.37. (A) Not later than January 31, 2004, the department of education shall recommend to the general assembly, in consultation with stakeholders, plans for an Ohio Regional Education Delivery System to provide services and technical assistance to school districts. The recommendations shall address how the system should provide services currently provided by educational service centers, regional professional development centers, special education regional resource centers, area media centers, school improvement facilitators, Ohio SchoolNet regional services, data acquisition sites, educational technology centers, and other regional service providers. The department shall also recommend that the system provide services and technical assistance to chartered nonpublic schools to assist these schools in meeting Ohio's statutory and administrative code provisions applicable to such schools. However, the recommendations shall specify that in providing services to chartered nonpublic schools, the system is not required to create additional services or technical assistance beyond those provided to school districts.
(B) The regional service centers recommended under the Ohio Regional Education Delivery System shall be distributed geographically throughout the state.
(C) The department, in consultation with stakeholders, shall recommend an accountability system for the Ohio Regional Education Delivery System. The recommended accountability system shall include minimum standards for operation and the provision of services. It shall also include benchmarks against performance measures based on each of the following:
(2) The effectiveness and efficiency of service delivery;
(3) The quality of implementation of state initiatives;
(4) Satisfaction expressed by school districts and other entities that use the Ohio Regional Education Delivery System with the quality of the system.
(D) If the Department and stakeholders are unable to reach an agreement on plans for the Ohio Regional Education Delivery System by January 31, 2004, as required by division (A) of this section, the Department shall develop such plans on its own and recommend them to the General Assembly not later than February 15, 2004.
Section 40.38. (A) There is hereby created the Head Start Partnership Study Council consisting of the following seventeen members:
(1) Two employees of the Department of Job and Family Services appointed by the Director of Job and Family Services;
(2) Two employees of the Department of Education appointed by the Superintendent of Public Instruction;
(3) Three members of the House of Representatives, not more than two of whom are members of the same political party, appointed by the Speaker of the House of Representatives;
(4) Three members of the Senate, not more two of whom are members of the same political party, appointed by the President of the Senate;
(5) Two representatives of Head Start agencies appointed by the Ohio Head Start Association;
(6) Two representatives of child care providers appointed by the Ohio Association of Child Care Providers;
(7) One representative appointed by the Ohio Day Care Council;
(8) One representative appointed by the County Commissioner's Association of Ohio;
(9) One representative appointed by the Association of Directors of County Departments of Job and Family Services.
Initial appointments of members shall be made not later than September 1, 2003. Vacancies in any of those appointments shall be filled in the same manner as original appointments.
The Speaker of the House of Representatives and the President of the Senate jointly shall appoint the chairperson of the Council.
Members of the Council shall serve without compensation.
(B) In fiscal year 2004, the Council shall advise the Departments of Education and Job and Family Services in planning for the implementation of the Title IV-A Head Start Plus Program as established under sections 3301.33 and 3301.35 of the Revised Code and shall report to the General Assembly on the plans for that program by December 31, 2003.
(C) In fiscal year 2005, the Council shall monitor the implementation of the Title IV-A Head Start Plus Program as established under sections 3301.33 and 3301.35 of the Revised Code and provide advice to the Departments of Education and Job and Family Services in that implementation.
(D) Unless reauthorized by the General Assembly, the Council shall cease to exist on July 1, 2005.
Section 40.39. (A) In the 2004-2005 and 2005-2006 school years, before a student identified with disabilities may begin receiving services for the first time under an individualized education program, as defined in section 3323.01 of the Revised Code, the school district in which that student is enrolled shall require the student to undergo a comprehensive eye examination performed either by an optometrist licensed under Chapter 4725. of the Revised Code or by a physician authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery who is comprehensively trained and educated in the treatment of the human eye, eye disease, or comprehensive vision services.
(B) The superintendent of each school district or the superintendent's designee may determine fulfillment of the requirement prescribed in division (A) of this section based on any special circumstances of the student, the student's parent, guardian, or family that may prevent the student from undergoing the eye examination prior to beginning special education services.
(C) Neither the state nor any school district shall be responsible for paying for the eye examination required by this section.
(D) The Director of Health shall, in accordance with Chapter 119. of the Revised Code, adopt a rule that defines for purposes of this section "comprehensively trained and educated in the treatment of the human eye, eye disease, or comprehensive vision services" and shall adopt any other rules necessary for the implementation of this section.
Section 40.40. TRANSITIONAL AID
The Department of Education shall distribute earmarked funds within appropriation item 200-501, Base Cost Funding, for transitional aid in each fiscal year 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 division (C) of section 3317.04 of the Revised Code;
(O) The charge-off supplement under section 3317.0216 of the Revised Code.
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 |
|
$ |
260,000 |
|
$ |
260,000 |
GRF |
374-402 |
|
Ohio Government Telecommunications Studio |
|
$ |
762,146 |
|
$ |
762,146 |
GRF |
374-403 |
|
Ohio SONET |
|
$ |
2,000,000 |
|
$ |
2,000,000 |
GRF |
374-404 |
|
Telecommunications Operating Subsidy |
|
$ |
3,962,199 |
|
$ |
3,864,269 |
TOTAL GRF General Revenue Fund |
|
$ |
9,181,845 |
|
$ |
9,083,915 |
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 |
|
$ |
12,399,292 |
|
$ |
12,301,362 |
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 |
|
$ |
2,909,865 |
|
$ |
2,916,174 |
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 |
|
$ |
33,934,302 |
|
$ |
33,705,495 |
State Special Revenue Fund Group
3T3 |
715-669 |
|
Drinking Water SRF |
|
$ |
3,631,132 |
|
$ |
3,716,777 |
4J0 |
715-638 |
|
Underground Injection Control |
|
$ |
379,488 |
|
$ |
394,385 |
4K2 |
715-648 |
|
Clean Air - Non Title V |
|
$ |
3,092,801 |
|
$ |
3,370,002 |
4K3 |
715-649 |
|
Solid Waste |
|
$ |
14,286,500 |
|
$ |
14,698,987 |
4K4 |
715-650 |
|
Surface Water Protection |
|
$ |
9,380,180 |
|
$ |
9,380,181 |
4K5 |
715-651 |
|
Drinking Water Protection |
|
$ |
6,294,334 |
|
$ |
6,255,946 |
4P5 |
715-654 |
|
Cozart Landfill |
|
$ |
146,792 |
|
$ |
149,728 |
4R5 |
715-656 |
|
Scrap Tire Management |
|
$ |
5,800,000 |
|
$ |
6,000,000 |
4R9 |
715-658 |
|
Voluntary Action Program |
|
$ |
603,435 |
|
$ |
795,671 |
4T3 |
715-659 |
|
Clean Air - Title V Permit Program |
|
$ |
16,950,003 |
|
$ |
16,650,001 |
4U7 |
715-660 |
|
Construction
& Demolition Debris |
|
$ |
220,000 |
|
$ |
220,000 |
5H4 |
715-664 |
|
Groundwater Support |
|
$ |
1,768,661 |
|
$ |
1,797,036 |
5N2 |
715-613 |
|
Dredge and Fill |
|
$ |
30,000 |
|
$ |
30,000 |
5S1 |
715-607 |
|
Clean Ohio - Operating |
|
$ |
206,735 |
|
$ |
208,174 |
500 |
715-608 |
|
Immediate Removal Special Account |
|
$ |
475,024 |
|
$ |
482,000 |
503 |
715-621 |
|
Hazardous Waste Facility Management |
|
$ |
11,051,591 |
|
$ |
11,465,671 |
503 |
715-662 |
|
Hazardous Waste Facility Board |
|
$ |
566,350 |
|
$ |
576,619 |
505 |
715-623 |
|
Hazardous Waste Cleanup |
|
$ |
10,862,544 |
|
$ |
11,557,987 |
505 |
715-674 |
|
Clean Ohio Environmental Review |
|
$ |
999,896 |
|
$ |
1,179,249 |
541 |
715-670 |
|
Site Specific Cleanup |
|
$ |
344,448 |
|
$ |
345,075 |
542 |
715-671 |
|
Risk Management Reporting |
|
$ |
142,087 |
|
$ |
146,188 |
6A1 |
715-645 |
|
Environmental Education |
|
$ |
1,500,000 |
|
$ |
1,500,000 |
602 |
715-626 |
|
Motor Vehicle Inspection and Maintenance |
|
$ |
1,444,464 |
|
$ |
1,437,398 |
644 |
715-631 |
|
ER Radiological Safety |
|
$ |
281,424 |
|
$ |
286,114 |
660 |
715-629 |
|
Infectious Waste Management |
|
$ |
160,000 |
|
$ |
160,000 |
676 |
715-642 |
|
Water Pollution Control Loan Administration |
|
$ |
4,858,798 |
|
$ |
4,964,625 |
678 |
715-635 |
|
Air Toxic Release |
|
$ |
314,081 |
|
$ |
210,662 |
679 |
715-636 |
|
Emergency Planning |
|
$ |
2,798,648 |
|
$ |
2,828,647 |
696 |
715-643 |
|
Air Pollution Control Administration |
|
$ |
750,002 |
|
$ |
750,000 |
699 |
715-644 |
|
Water Pollution Control Administration |
|
$ |
625,000 |
|
$ |
625,000 |
TOTAL SSR State Special Revenue Fund Group |
|
$ |
99,964,418 |
|
$ |
102,182,123 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
174,601,539 |
|
$ |
176,908,410 |
Notwithstanding any other provision of law to the contrary, the Director of Environmental Protection, with the approval of the Director of Budget and Management, shall utilize a methodology for determining each division's payments into the Central Support Indirect Fund (Fund 219). The methodology used shall contain the characteristics of administrative ease and uniform application. Payments to the Central Support Indirect Fund (Fund 219) shall be made using an intrastate transfer voucher.
The foregoing appropriation item 715-607, Clean Ohio - Operating, shall be used by the Ohio Environmental Protection Agency in administering sections 122.65 to 122.658 of the Revised Code.
Section 47. EBR ENVIRONMENTAL REVIEW APPEALS COMMISSION
GRF |
172-321 |
|
Operating Expenses |
|
$ |
437,131 |
|
$ |
439,109 |
TOTAL GRF General Revenue Fund |
|
$ |
437,131 |
|
$ |
439,109 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
437,131 |
|
$ |
439,109 |
Section 48. ETH OHIO ETHICS COMMISSION
GRF |
146-321 |
|
Operating Expenses |
|
$ |
1,286,869 |
|
$ |
1,351,213 |
TOTAL GRF General Revenue Fund |
|
$ |
1,286,869 |
|
$ |
1,351,213 |
General Services Fund Group
4M6 |
146-601 |
|
Operating Expenses |
|
$ |
409,543 |
|
$ |
383,543 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
409,543 |
|
$ |
383,543 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,696,412 |
|
$ |
1,734,756 |
Section 49. EXP OHIO EXPOSITIONS COMMISSION
GRF |
723-403 |
|
Junior Fair Subsidy |
|
$ |
465,412 |
|
$ |
465,412 |
TOTAL GRF General Revenue Fund |
|
$ |
465,412 |
|
$ |
465,412 |
State Special Revenue Fund Group
4N2 |
723-602 |
|
Ohio State Fair Harness Racing |
|
$ |
520,000 |
|
$ |
520,000 |
506 |
723-601 |
|
Operating Expenses |
|
$ |
13,211,481 |
|
$ |
13,643,315 |
640 |
723-603 |
|
State Fair Reserve |
|
$ |
125,000 |
|
$ |
0 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
13,856,481 |
|
$ |
14,163,315 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
14,321,893 |
|
$ |
14,628,727 |
The foregoing appropriation item 723-603, State Fair Reserve,
shall
serve as a budget reserve fund for the Ohio Expositions
Commission
in the event of a significant decline in attendance due
to
inclement weather or extraordinary circumstances during the
Ohio
State Fair resulting in a loss of revenue. The State
Fair
Reserve may be used by the Ohio Expositions Commission to pay
bills resulting from the Ohio State Fair only if all the
following
criteria are met:
(A) Admission revenues for the 2003 Ohio State Fair are less
than
$2,542,500 or admission revenues for the 2004 Ohio State Fair
are
less than $2,619,000 due to inclement weather or extraordinary
circumstances. These amounts are ninety per cent of the projected
admission
revenues for each year.
(B) The Ohio Expositions Commission declares a state of
fiscal
exigency and requests release of funds by the Director of
Budget
and Management.
(C) The Director of Budget and Management releases the
funds. The
Director of Budget and Management may approve or
disapprove the
request for release of funds, may increase or
decrease the amount
of release, and may place such conditions as
the director considers necessary
on the use of the released funds.
The
Director of Budget and
Management may transfer appropriation
authority from fiscal year
2004 to fiscal year 2005 as needed.
In the event that the Ohio Expositions Commission faces a
temporary cash shortage that will preclude it from meeting
current obligations, the Commission may request the Director of
Budget and Management to approve use of the State Fair Reserve to
meet those obligations. The request shall include a plan
describing how the Commission will eliminate the cash shortage.
If
the Director of Budget and Management approves the
expenditures,
the Commission shall reimburse Fund 640 by the
thirtieth day of
June of that same fiscal year through an
intrastate transfer
voucher. The amount reimbursed is hereby
appropriated.
Section 50. GOV OFFICE OF THE GOVERNOR
GRF |
040-321 |
|
Operating Expenses |
|
$ |
4,112,358 |
|
$ |
4,235,726 |
GRF |
040-403 |
|
Federal Relations |
|
$ |
510,000 |
|
$ |
510,000 |
GRF |
040-408 |
|
Office of Veterans' Affairs |
|
$ |
276,723 |
|
$ |
285,025 |
TOTAL GRF General Revenue Fund |
|
$ |
4,899,081 |
|
$ |
5,030,751 |
General Services Fund Group
412 |
040-607 |
|
Federal Relations |
|
$ |
500,000 |
|
$ |
500,000 |
TOTAL GSF General Services Fund Group |
|
$ |
500,000 |
|
$ |
500,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
5,399,081 |
|
$ |
5,530,751 |
APPOINTMENT OF LEGAL COUNSEL FOR THE GOVERNOR
The Governor may expend a portion of the foregoing
appropriation item 040-321,
Operating Expenses, to hire or appoint
legal counsel to be used in proceedings
involving the Governor in
the Governor's official capacity or the Governor's
office only,
without the approval of the Attorney General, notwithstanding
sections 109.02 and 109.07 of the Revised Code.
A portion of the foregoing appropriation items 040-403, Federal Relations, and 040-607, Federal Relations, may be used to support Ohio's membership in national or regional associations.
The Office of the Governor may charge any state agency of the executive branch using an intrastate transfer voucher such amounts necessary to defray the costs incurred for the conduct of federal relations associated with issues that can be attributed to the agency. Amounts collected shall be deposited to the Office of the Governor Federal Relations Fund (Fund 412).
Section 51. DOH DEPARTMENT OF HEALTH
GRF |
440-407 |
|
Animal Borne Disease and Prevention |
|
$ |
2,690,101 |
|
$ |
2,690,101 |
GRF |
440-412 |
|
Cancer Incidence Surveillance System |
|
$ |
1,038,815 |
|
$ |
1,066,616 |
GRF |
440-413 |
|
Healthy Communities |
|
$ |
4,139,009 |
|
$ |
4,139,009 |
GRF |
440-416 |
|
Child and Family Health Services |
|
$ |
9,034,972 |
|
$ |
9,034,972 |
GRF |
440-418 |
|
Immunizations |
|
$ |
8,431,975 |
|
$ |
8,600,615 |
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 |
|
$ |
1,087,654 |
|
$ |
1,122,654 |
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 |
|
$ |
388,000 |
|
$ |
388,000 |
GRF |
440-505 |
|
Medically Handicapped Children |
|
$ |
6,462,257 |
|
$ |
6,462,738 |
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 |
|
$ |
73,164,026 |
|
$ |
73,395,948 |
General Services Fund Group
4K9 |
440-XXX |
|
Occupational Therapy, Physical Therapy, and Athletic Trainers Board |
|
$ |
771,391 |
|
$ |
801,480 |
142 |
440-618 |
|
General Operations - General Services Fund |
|
$ |
3,372,444 |
|
$ |
3,461,915 |
211 |
440-613 |
|
Central Support Indirect Costs |
|
$ |
26,578,343 |
|
$ |
26,584,707 |
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 |
|
$ |
36,238,457 |
|
$ |
36,364,361 |
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 |
|
$ |
14,525,443 |
|
$ |
16,025,194 |
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 |
5E1 |
440-624 |
|
Health Services |
|
$ |
688,321 |
|
$ |
0 |
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 |
|
$ |
44,928,966 |
|
$ |
45,734,479 |
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 |
|
$ |
547,842,092 |
|
$ |
561,060,839 |
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.
Of the foregoing appropriation item 440-413, Healthy Communities, $50,000 in each fiscal year shall be allocated to the Columbus Yassenoff Jewish Community Center to fund nutrition and exercise education for children ages eight to thirteen.
CHILD AND FAMILY HEALTH SERVICES
Of the foregoing appropriation item 440-416, Child and
Family
Health Services, $1,700,000 in each fiscal year shall be
used for
women's health services. None of the funds received through
these grants shall be used
to provide abortion
services. None of the funds received through these grants shall be used for counseling for or referrals for
abortion, except
in the case of a medical emergency. These funds
shall be
distributed by the
Director of Health to programs that the Department
of
Health 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.
These women's health services include and are limited to the following: pelvic exams and lab testing; breast exams and patient education on breast cancer; screening for cervical cancer; screening and treatment for Sexually Transmitted Diseases (STDs) and HIV screening; voluntary choice of contraception, including abstinence and natural family planning; patient education and pre-pregnancy counseling on the dangers of smoking, alcohol, and drug use during pregnancy; education on sexual coercion and violence in relationships; and prenatal care or referral for prenatal care. These health care services shall be provided by licensed doctors, nurses, medical assistants, counselors, and social workers in a medical clinic setting.
The Director of Health shall adopt rules in accordance with Chapter 119. of the Revised Code specifying reasonable eligibility standards that must be met to receive the state funding and
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.
Each applicant for these funds shall provide sufficient assurance to the Director of Health of all of the following:
(A) The program shall not discriminate in the provision of services based on an individual's religion, race, national origin, handicapping condition, age, number of pregnancies, or marital status;
(B) The program shall provide services without subjecting individuals to any coercion to accept services or to employ any particular methods of family planning;
(C) Acceptance of services shall be solely on a voluntary basis and may not be made a prerequisite to eligibility for, or receipt of, any other service, assistance from, or participation in, any other program of the service provider;
(D) The costs for services provided by the program, if any are charged, shall be based on the patient's ability to pay and priority in the provision of services shall be given to persons from low-income families.
In distributing these grant funds, the Director of Health shall give priority to grant requests from local departments of health for women's health services to be provided directly by personnel of the local department of health. Local departments of health that apply for grants for women's health services to be provided directly by personnel of the local department of health need not provide all the listed women's health services in order to qualify for a grant. However, in prioritizing awards among local departments of health that qualify for funding under this paragraph, the Director of Health may consider, among other reasonable factors, the comprehensiveness of the women's health services to be offered, provided that no local department of health shall be discriminated against in the process of awarding these grant funds because the applicant does not provide contraception.
If funds remain after awarding grants to all local departments of health that qualify for the priority, the Director of Health may make grants to other applicants. Other grant applicants need not provide all the listed women's health services in order to qualify for a grant. However, in prioritizing awards among such other applicants that qualify for funding under this paragraph, the Director of Health may consider, among other reasonable factors, the comprehensiveness of the women's health services to be offered, provided that no applicant shall be discriminated against in the process of awarding these grant funds because the applicant does not provide contraception.
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.
Of the foregoing appropriation item 440-416, Child and Family Health Services, $25,000 in each fiscal year shall be allocated to Clermont County's Comprehensive Community Suicide Prevention Program.
Of the foregoing appropriation item 440-416, Child and Family Health Services, $25,000 in each fiscal year shall be allocated to the Health Education Center in Cincinnati.
Of the foregoing appropriation item 440-416, Child and Family Health Services, $62,500 in each fiscal year shall be allocated to the Cincinnati YWCA Hippy.
Of the foregoing appropriation item 440-416, Child and Family Health Services, $25,000 in each fiscal year shall be allocated to the Helping Hearts Program.
Of the foregoing appropriation item 440-416, Child and Family Health Services, $25,000 in each fiscal year shall be allocated to the Tree of Knowledge Learning Center.
Of the foregoing appropriation item 440-416, Child and Family Health Services, $50,000 in each fiscal year shall be allocated to the Mayerson Foundation.
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.
Notwithstanding section 3701.83 of the Revised Code, not later than the fifteenth day of July of each fiscal year or as soon as possible thereafter, the Director of Budget and Management shall transfer cash in the amount of $127,287 from appropriation item 440-618, General Operations – General Services Fund, (Fund 142) to the General Revenue Fund.
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.
EXTENSION OF HEMOPHILIA HEALTH INSURANCE PREMIUM PAYMENTS
The Director of Health shall continue to provide, through contracts with or grants to hemophilia treatment centers, for health insurance premiums to be paid for individuals who are at least twenty-one years of age, diagnosed with hemophilia or a related bleeding disorder, and receive such assistance on the day prior to the effective date of this section under the program for care and treatment of persons suffering from hemophilia established under former section 3701.144 of the Revised Code until the effective date of the initial rules adopted under division (A)(12) of section 3701.021 of the Revised Code for the hemophilia program established under section 3701.029 of the Revised Code. The Public Health Council shall adopt those rules not later than twelve months after the effective date of this section.
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 or hemophilia. 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 |
|
$ |
127,419 |
|
$ |
127,419 |
GRF |
148-200 |
|
Maintenance |
|
$ |
35,901 |
|
$ |
35,901 |
TOTAL GRF General Revenue Fund |
|
$ |
163,320 |
|
$ |
163,320 |
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 |
|
$ |
171,805 |
|
$ |
171,805 |
Section 54. OHS OHIO HISTORICAL SOCIETY
GRF |
360-403 |
|
Adena - Worthington Home |
|
$ |
200,000 |
|
$ |
150,000 |
GRF |
360-501 |
|
Operating Subsidy |
|
$ |
3,589,973 |
|
$ |
3,589,973 |
GRF |
360-502 |
|
Site Operations |
|
$ |
8,240,438 |
|
$ |
8,240,438 |
GRF |
360-503 |
|
Ohio Bicentennial Commission |
|
$ |
1,847,239 |
|
$ |
58,164 |
GRF |
360-504 |
|
Ohio Preservation Office |
|
$ |
339,733 |
|
$ |
339,733 |
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 |
|
$ |
2,200,000 |
|
$ |
1,550,000 |
TOTAL GRF General Revenue Fund |
|
$ |
17,720,595 |
|
$ |
15,231,520 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
17,720,595 |
|
$ |
15,231,520 |
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. If the Ohio Historical Society accepts this contractual offer, the society may not, during fiscal year 2004 or 2005, close any of the sites operated by the society as of the effective date of this section.
Not later than May 15, 2004, the Ohio Historical Society shall submit to the Controlling Board a plan for the implementation of the recommendations of the Select Committee to Study the Effectiveness of Ohio's Historical Programs and Partnerships. No appropriations to the society for fiscal year 2005 may be expended without prior approval of the implementation plan by the Controlling Board.
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, $150,000 in fiscal year 2004 shall be distributed to the National Underground Railroad Freedom Center in Cincinnati, $250,000 in each fiscal year shall be distributed to the Great Lakes Historical Society in Vermilion, $600,000 in each fiscal year shall be distributed to the Western Reserve Historical Society in Cleveland, $500,000 in fiscal year 2004 shall be distributed to the Village of Dennison for the Historical Center Street District, $100,000 in each fiscal year shall be distributed to the Harbor Heritage Society Steamship Mather in Cleveland, and $500,000 in each fiscal year shall be distributed to the Cincinnati Museum Center.
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 2004-2005 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, of which $350,000 shall be distributed to the Ohio Historical Society for use in appropriation item 360-403, Adena - Worthington Home.
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 |
|
$ |
812,000 |
|
$ |
812,000 |
TOTAL GRF General Revenue Fund |
|
$ |
812,000 |
|
$ |
812,000 |
General Services Fund Group |
|
|
|
|
|
|
5X9 |
965-401 |
|
Inspector General Reimbursement |
|
$ |
100,000 |
|
$ |
100,000 |
TOTAL GSF General Services Fund Group |
|
$ |
100,000 |
|
$ |
100,000 |
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 |
|
$ |
1,012,000 |
|
$ |
1,012,000 |
INSPECTOR GENERAL REIMBURSEMENT
The foregoing appropriation item 965-401, Inspector General Reimbursement, shall be used for reimbursement from agreements with state agencies and the voluntary contributions from private parties for investigative costs of the Inspector General.
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 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 |
|
$ |
62,361,047 |
|
$ |
58,611,047 |
|
|
|
Federal |
|
$ |
7,176,249 |
|
$ |
7,125,883 |
|
|
|
Support Services Total |
|
$ |
69,537,296 |
|
$ |
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 |
|
$ |
88,120,596 |
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 |
|
$ |
21,944,901 |
|
$ |
22,603,740 |
|
|
|
Federal |
|
$ |
21,848,555 |
|
$ |
22,495,502 |
|
|
|
Office of Ohio Health Plans Total |
|
$ |
43,793,456 |
|
$ |
45,099,242 |
GRF |
600-435 |
|
Unemployment Compensation Review Commission |
|
$ |
3,188,473 |
|
$ |
3,188,473 |
GRF |
600-439 |
|
Commission to Reform Medicaid |
|
$ |
125,000 |
|
$ |
125,000 |
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 |
|
$ |
3,676,753,835 |
|
$ |
3,892,593,671 |
|
|
|
Federal |
|
$ |
5,223,371,246 |
|
$ |
5,567,441,206 |
|
|
|
Health Care Total |
|
$ |
8,900,125,081 |
|
$ |
9,460,034,877 |
GRF |
600-528 |
|
Adoption Services |
|
|
|
|
|
|
|
|
|
State |
|
$ |
33,395,955 |
|
$ |
36,017,981 |
|
|
|
Federal |
|
$ |
37,368,248 |
|
$ |
41,115,000 |
|
|
|
Adoption Services Total |
|
$ |
70,764,203 |
|
$ |
77,132,981 |
TOTAL GRF General Revenue Fund |
|
|
|
|
|
|
|
|
|
State |
|
$ |
4,457,354,887 |
|
$ |
8,672,725,588 |
|
|
|
Federal |
|
$ |
5,320,859,740 |
|
$ |
5,669,578,045 |
|
|
|
GRF Total |
|
$ |
9,778,214,627 |
|
$ |
14,342,303,633 |
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 |
|
$ |
408,467,306 |
|
$ |
424,104,433 |
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 |
|
$ |
153,690,682 |
|
$ |
154,111,608 |
3V4 |
600-679 |
|
Unemployment Compensation Review Commission - Federal |
|
$ |
3,097,320 |
|
$ |
2,860,297 |
3V6 |
600-689 |
|
TANF Block Grant |
|
$ |
786,095,609 |
|
$ |
841,909,688 |
3W3 |
600-659 |
|
TANF/Title XX |
|
$ |
88,994,049 |
|
$ |
93,498,158 |
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 |
|
$ |
74,969,767 |
|
$ |
74,986,134 |
397 |
600-626 |
|
Child Support |
|
$ |
304,157,939 |
|
$ |
307,468,576 |
398 |
600-627 |
|
Adoption Maintenance/
Administration |
|
$ |
339,957,978 |
|
$ |
340,104,370 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
4,460,185,881 |
|
$ |
4,620,438,044 |
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 |
|
$ |
892,000 |
|
$ |
892,000 |
4Z1 |
600-625 |
|
HealthCare Compliance |
|
$ |
10,000,000 |
|
$ |
10,000,000 |
5A5 |
600-685 |
|
Unemployment Benefit Automation |
|
$ |
14,000,000 |
|
$ |
0 |
5P5 |
600-692 |
|
Health Care Services |
|
$ |
492,932,514 |
|
$ |
515,947,439 |
5Q9 |
600-619 |
|
Supplemental Inpatient Hospital Payments |
|
$ |
30,797,539 |
|
$ |
30,797,539 |
5R2 |
600-608 |
|
Medicaid-Nursing Facilities |
|
$ |
125,517,482 |
|
$ |
134,666,713 |
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 |
|
$ |
987,144,002 |
|
$ |
1,008,491,351 |
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 |
|
$ |
15,480,867,888 |
|
$ |
16,230,432,362 |
Section 58.01. OHIO COMMISSION TO REFORM MEDICAID
The foregoing appropriation item 600-439, Commission to Reform Medicaid, shall be used to fund the Ohio Commission to Reform 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. GOVERNOR'S OFFICE FOR FAITH-BASED NONPROFIT AND OTHER NONPROFIT ORGANIZATIONS
Of the foregoing appropriation item 600-659, TANF/Title XX, $625,000 in the fiscal year 2004-2005 biennium shall be used to support the activities of the Governor's Office for Faith-Based Nonprofit and Other Nonprofit Organizations.
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 58.06.A.1. OHIO ALLIANCE OF BOYS AND GIRLS CLUBS
Of the foregoing appropriation item 600-659, TANF/Title XX (Fund 3W3), the Department of Job and Family Services shall use up to $600,000 in each fiscal year to support expenditures of the Ohio Alliance of Boys and Girls Clubs to provide nutritional meals, snacks, and educational and enrichment services to children participating in programs and activities operated by eligible Boys and Girls Clubs.
The Department of Job and Family Services shall provide an annual grant of $600,000 in each fiscal year to the Ohio Alliance of Boys and Girls Clubs. 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 Department of Job and Family Services and the Ohio Alliance of Boys and Girls Clubs shall agree on reporting requirements to be incorporated into the grant agreement.
The Ohio Alliance of Boys and Girls Clubs shall return any fiscal year 2004 funds from the grant remaining unspent on June 30, 2004, to the Ohio Department of Job and Family Services not later than November 1, 2004. The Ohio Alliance of Boys and Girls Clubs shall return any fiscal year 2005 funds from this grant remaining unspent on June 30, 2005, to the Ohio Department of Job and Family Services not 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; 600-623, Health 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 and complete a reconciliation at the end of the fiscal year to appropriately align cash draws with expenditures related to state and federal claims.
To facilitate this reconciliation, before the thirty-first day of May of the current fiscal year and after the conclusion of the county reconciliation process for the previous fiscal year, the Director of Job and Family Services may request that the Director of Budget and Management transfer cash between the funds that make-up the consolidated allocation to the county departments of job and family services.
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 58.18. 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.
JOBS FOR OHIO GRADUATES PROGRAM
Pursuant to an interagency agreement entered into between the Department of Job and Family Services and the Department of Education, $1,750,000 from Workforce Investment Act funds (Fund 3V0), reserved for statewide workforce investment activities, in fiscal year 2004 and fiscal year 2005, shall be used to support the Jobs for Ohio Graduates programs administered by the Department of Education.
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 58.20a. MEDICAID PAYMENTS FOR OUTPATIENT HOSPITAL SERVICES
As used in this section, "hospital" does not include a children's hospital as defined in the section of this act titled MEDICAID PAYMENT TO CHILDREN'S HOSPITALS.
The Department of Job and Family Services shall increase the total amount the Department pays all hospitals under the Medicaid Program for outpatient services provided during the period beginning July 1, 2003, and ending June 30, 2004, to the maximum extent possible using $9,811,136 from the foregoing appropriation item 600-525, Health Care/Medicaid. The Department of Job and Family Services shall also increase the total amount the Department pays all hospitals under the Medicaid Program for outpatient services provided during the period beginning July 1, 2004, and ending June 30, 2005, to the maximum extent possible using $9,811,136 from the foregoing appropriation item 600-525, Health Care/Medicaid. The Department shall make the increase in accordance with an inflation adjustment factor for outpatient hospital services established in rules the Director of Job and Family Services shall adopt in accordance with Chapter 119. of the Revised Code.
Section 58.21. CHILD CARE
(A) Notwithstanding any other provision of law, the Director of Job and Family Services shall not reduce the initial and continued eligibility level for publicly funded child care below one hundred fifty per cent of the federal poverty line during fiscal years 2004 and 2005.
(B) Notwithstanding division (B) of section 5104.39 of the Revised Code, the Director of Job and Family Services shall not, during fiscal years 2004 and 2005, disenroll publicly funded child care program participants who have incomes at or below 165 per cent of the federal poverty line and do not otherwise cease to qualify for the program, if one of the following applies:
(1) The family enrolled in the program before June 9, 2003;
(2) The family enrolled in the program when the family's income was at or below 150 per cent of the federal poverty line.
Section 58.25. MEDICAID COVERAGE OF DENTAL SERVICES
For fiscal years 2004 and 2005, the Medicaid program shall continue to cover dental services in at least the amount, duration, and scope that it does on the effective date of this section under rules governing Medicaid coverage of dental services adopted under section 5111.02 of the Revised Code.
Section 58.28. WELFARE DIVERSION PROGRAMS
Of the foregoing appropriation item 600-521, Family Stability Subsidy, prior to county distribution, $1,250,000 in each fiscal year shall be used to support specific welfare diversion programs. In each fiscal year, Accountability and Credibility Together (ACT) shall receive $1,000,000 of the $1,250,000 to continue its welfare diversion program. In each fiscal year, $250,000 of the $1,250,000 shall be used to establish a welfare diversion demonstration project in Butler County. The demonstration project shall be administered by the Butler County United Way.
Section 58.29. OHIO COMMISSION TO REFORM MEDICAID
There is hereby established the Ohio Commission to Reform Medicaid, which shall consist of nine members: three appointed by the Governor, three by the Speaker of the House of Representatives, and three by the President of the Senate. Appointments shall be made not later than ninety days after the effective date of this section. All members shall serve at the pleasure of the appointing authority. Members shall serve without compensation. Vacancies shall be filled in the manner of original appointments.
The Commission shall conduct a complete review of the state Medicaid program and shall make recommendations for comprehensive reform and cost containment. The Commission shall submit a report of its findings and recommendations to the Governor, Speaker, and Senate President not later than January 1, 2005.
The Commission may hire a staff director and additional employees to provide technical support.
The Director of Job and Family Services shall, on behalf of the Commission, seek federal financial participation for the administrative costs of the Commission.
Section 58.30. Of the foregoing appropriation item 600-416, Computer Projects, $500,000 in each fiscal year shall be used by the Department of Job and Family Services for costs associated with staff, purchased services, equipment, and maintenance of the Statewide Automated Child Welfare Information System (SACWIS). These earmarked dollars are intended to supplement appropriations in appropriation item 600-423, Office of Children and Families, that are used for SACWIS. These earmarked dollars shall be in addition to any other amounts that the Department plans to spend on SACWIS. The Department shall plan its spending on SACWIS from appropriation item 600-416, Computer Projects, without regard to this earmark.
Section 58.31. MEDICAID REIMBURSEMENT RATES FOR NURSING FACILITIES
(A) As used in this section:
(1) "Change of operator," "entering operator," and "exiting operator," have the same meaning as in section 5111.65 of the Revised Code.
(2) "Medicaid day" means all days during which a resident who is a Medicaid recipient occupies a bed in a nursing facility that is included in the facility's certified capacity under Title XIX of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended. Therapeutic or hospital leave days for which payment would be made under section 5111.33 of the Revised Code if not for this section are considered Medicaid days proportionate to the percentage of the nursing facility's per resident per day rate paid for those days.
(3)
"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," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended, participates in the Medicaid program established under Chapter 5111. of the Revised Code, and is not an intermediate care facility for the mentally retarded as defined in section 5111.20 of the Revised Code. "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," is certified as a skilled nursing facility by the Director in accordance with Title XVIII of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended, and participates in the Medicaid program established under Chapter 5111. of the Revised Code.
(4)
"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 and subject to division (F) of this section, the Medicaid reimbursement rate for nursing facility services provided to a Medicaid recipient during the period beginning July 1, 2003, and ending June 30, 2004, 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, increased in accordance with division (C) of this section;
(2) If the nursing facility undergoes a change of operator on July 1, 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 June 30, 2003, increased in accordance with division (C) of this section;
(3) If the nursing facility undergoes a change of operator after July 1, 2003, and before July 1, 2004, 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;
(4) 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 July 1, 2003;
(5) If one or more Medicaid certified beds are added to the nursing facility on July 1, 2003, the provider's rate for the added beds shall be the same as the provider's rate that is in effect on June 30, 2003, for the Medicaid certified beds that are in the nursing facility on June 30, 2003, increased in accordance with division (C) of this section;
(6) If one or more Medicaid certified beds are added to the nursing facility after July 1, 2003, and before July 1, 2004, 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) For the purpose of divisions (B)(1), (2), and (5) of this section and in accordance with rules the Director of Job and Family Services shall adopt in accordance with Chapter 119. of the Revised Code, the Department of Job and Family Services shall increase the Medicaid reimbursement rate for nursing facility services provided to a Medicaid recipient during the period beginning July 1, 2003, and ending June 30, 2004, as follows:
(1) To the maximum extent possible using $16,489,281 from the foregoing appropriation item 600-525, Health Care/Medicaid.
(2) By forty-five cents per Medicaid day using $11,763,298 from the foregoing appropriation item 600-608, Medicaid-Nursing Facilities, and $16,809,201 from the foregoing appropriation item 600-623, Health Care Federal;
(3) To the maximum extent possible using the funds specified in division (C)(2) of this section that remain after the increase is made under that division.
(D)
Notwithstanding Chapter 5111. of the Revised Code or any other state law to the contrary and subject to division (F) of this section, the Medicaid reimbursement rate for nursing facility services provided to a Medicaid recipient during the period beginning July 1, 2004, 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, 2004, 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, 2004, increased in accordance with division (E) of this section;
(2) If the nursing facility undergoes a change of operator on July 1, 2004, 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 June 30, 2004, increased in accordance with division (E) of this section;
(3)
If the nursing facility undergoes a change of operator after July 1, 2004, 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;
(4) 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, 2004, the provider's rate for the nursing facility shall be the median of all rates paid to nursing facilities on July 1, 2004;
(5) If one or more Medicaid certified beds are added to the nursing facility on July 1, 2004, the provider's rate for the added beds shall be the same as the provider's rate that is in effect on June 30, 2004, for the Medicaid certified beds that are in the nursing facility on June 30, 2004, increased in accordance with division (E) of this section;
(6)
If one or more Medicaid certified beds are added to the nursing facility after July 1, 2004, 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.
(E) For the purpose of divisions (D)(1), (2), and (5) of this section and in accordance with rules the Director of Job and Family Services shall adopt in accordance with Chapter 119. of the Revised Code, the Department of Job and Family Services shall increase the Medicaid reimbursement rate for nursing facility services provided to a Medicaid recipient during the period beginning July 1, 2004, and ending June 30, 2005, as follows:
(1) To the maximum extent possible using $93,591,290 from the foregoing appropriation item 600-525, Health Care/Medicaid.
(2) By twenty cents per Medicaid day using $20,912,529 from the foregoing appropriation item 600-608, Medicaid-Nursing Facilities, and $29,883,024 from the foregoing appropriation item 600-623, Health Care Federal;
(3) To the maximum extent possible using the funds specified in division (E)(2) of this section that remain after the increase is made under that division.
(F) A nursing facility's reimbursement rate for services provided to a Medicaid recipient during any part of the period beginning July 1, 2003, and ending June 30, 2005, shall be adjusted to reflect each audit adjustment made to each cost report used to establish the June 30, 2003, rate on which the nursing facility's reimbursement rate for services provided during any part of the period beginning July 1, 2003, and ending June 30, 2005, is based. This division does not affect a nursing facility's reimbursement rate determined under division (B)(4) or (D)(4) of this section.
Section 58.32. MEDICAID REIMBURSEMENT RATES FOR ICFs/MR
(A) As used in this section:
(1) "Change of operator," "entering operator," and "exiting operator" have the same meaning as in section 5111.65 of the Revised Code.
(2) "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 Medicaid program by the Director of Health in accordance with Title XIX of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended, and participates in the Medicaid program established under Chapter 5111. of the Revised Code, except that it does not include an intermediate care facility for the mentally retarded that is operated by the Department of Mental Retardation and Developmental Disabilities and has its Medicaid reimbursement rate computed in accordance with section 5111.291 of the Revised Code.
(3) "Medicaid day" means all days during which a resident who is a Medicaid recipient occupies a bed in an intermediate care facility for the mentally retarded that is included in the facility's certified capacity under Title XIX of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended. Therapeutic or hospital leave days for which payment would be made under section 5111.33 of the Revised Code if not for this section are considered Medicaid days proportionate to the percentage of the intermediate care facility for the mentally retarded's per resident per day rate paid for those days.
(4) "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 and subject to division (F) of this section, 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, 2004, 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, increased in accordance with division (C) of this section;
(2) If the intermediate care facility for the mentally retarded undergoes a change of operator on July 1, 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 June 30, 2003, increased in accordance with division (C) of this section;
(3) If the intermediate care facility for the mentally retarded undergoes a change of operator after July 1, 2003, and before July 1, 2004, 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;
(4) 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 July 1, 2003;
(5) If one or more Medicaid certified beds are added to the intermediate care facility for the mentally retarded on July 1, 2003, the provider's rate for the added beds shall be the same as the provider's rate that is in effect on June 30, 2003, for the Medicaid certified beds that are in the facility on June 30, 2003, increased in accordance with division (C) of this section;
(6) If one or more Medicaid certified beds are added to the intermediate care facility for the mentally retarded after July 1, 2003, and before July 1, 2004, 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) For the purpose of divisions (B)(1), (2), and (5) of this section and in accordance with rules the Director of Job and Family Services shall adopt in accordance with Chapter 119. of the Revised Code, the Department of Job and Family Services shall increase 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, 2004, to the maximum extent possible using $2,516,128 from the foregoing appropriation item 600-525, Health Care/Medicaid. However, no intermediate care facility for the mentally retarded's Medicaid reimbursement rate for that period shall exceed one hundred two per cent of its rate on June 30, 2003.
(D)
Notwithstanding Chapter 5111. of the Revised Code or any other state law to the contrary and subject to division (F) of this section, the Medicaid reimbursement rate for intermediate care facility services for the mentally retarded provided to a Medicaid recipient during the period beginning July 1, 2004, 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, 2004, the provider's rate for the facility shall be the same as the provider's rate for the facility in effect on June 30, 2004, increased in accordance with division (E) of this section;
(2) If the intermediate care facility for the mentally retarded undergoes a change of operator on July 1, 2004, 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 June 30, 2004, increased in accordance with division (E) of this section;
(3)
If the intermediate care facility for the mentally retarded undergoes a change of operator after July 1, 2004, 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;
(4) 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, 2004, the provider's rate for the facility shall be the median of all rates paid to intermediate care facilities for the mentally retarded on July 1, 2004;
(5) If one or more Medicaid certified beds are added to the intermediate care facility for the mentally retarded on July 1, 2004, the provider's rate for the added beds shall be the same as the provider's rate that is in effect on June 30, 2004, for the Medicaid certified beds that are in the facility on June 30, 2004, increased in accordance with division (E) of this section;
(6)
If one or more Medicaid certified beds are added to the intermediate care facility for the mentally retarded after July 1, 2004, 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.
(E) For the purpose of divisions (D)(1), (2), and (5) of this section and in accordance with rules the Director of Job and Family Services shall adopt in accordance with Chapter 119. of the Revised Code, the Department of Job and Family Services shall increase the Medicaid reimbursement rate for intermediate care facility services for the mentally retarded provided to a Medicaid recipient during the period beginning July 1, 2004, and ending June 30, 2005, to the maximum extent possible using $11,153,895 from the foregoing appropriation item 600-525, Health Care/Medicaid. However, no intermediate care facility for the mentally retarded's Medicaid reimbursement rate for that period shall exceed one hundred two per cent of its rate on June 30, 2004.
(F)
The reimbursement rate of an intermediate care facility for the mentally retarded for services provided to a Medicaid recipient during any part of the period beginning July 1, 2003, and ending June 30, 2005, shall be adjusted to reflect each audit adjustment made to each cost report used to establish the June 30, 2003, rate on which the facility's reimbursement rate for services provided during any part of the period beginning July 1, 2003, and ending June 30, 2005, is based. This division does not affect the reimbursement rate of an intermediate care facility for the mentally retarded determined under division (B)(4) or (D)(4) of this section.
Section 58.33. 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 divisions (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 58.34. Of the foregoing appropriation item 600-689, TANF Block Grant, $57,170,000 in fiscal year 2004 shall be used for the Head Start Program pursuant to an interagency agreement entered into by Department of Job and Family Services and the Department of Education under division (A)(2) of section 5101.801 of the Revised Code. Of that amount, $5,000,000 shall be used to increase the number of Head Start slots in fiscal year 2004.
Of the foregoing appropriation item 600-689, TANF Block Grant, $110,184,000 in fiscal year 2005 shall be used for the Head Start Plus Program pursuant to an interagency agreement entered into by Department of Job and Family Services and the Department of Education under division (A)(2) of section 5101.801 of the Revised Code. Of that amount, $5,000,000 shall be used to ensure that Head Start Plus provider payments are at least $8,500 per year in fiscal year 2005.
Section 58.35. STUDY OF MEDICAID COVERAGE FOR BREAST AND CERVICAL CANCER TREATMENT
(A) The Department of Job and Family Services shall conduct a study of the feasibility of expanding the Medicaid coverage provided under section 5111.0110 of the Revised Code pursuant to the "Breast and Cervical Cancer Prevention and Treatment Act of 2000," 114 Stat. 1381, 42 U.S.C. 1396a, as amended. In particular, the Department shall study the extension of coverage to women who receive breast and cervical cancer screenings that are not directly paid for with federal funds obtained under Title XV of the "Public Health Service Act," 104 Stat. 409 (1990), 42 U.S.C., as amended. The study of this extension shall include consideration of both of the following options, as specified by the federal Centers for Medicare and Medicaid Services:
(1) Coverage of women who have been screened under a Title XV-funded Centers for Disease Control and Prevention Breast and Cervical Cancer Early Detection Program in which their particular clinical services were not paid for with Title XV funds, but the services were rendered by a provider or an entity funded at least in part with Title XV funds, and the services were within the scope of a grant, sub-grant, or contract under the breast and cervical cancer early detection program and the Title XV grantee has elected to include such screening activities by that provider or entity as screening activities pursuant to Title XV;
(2) Coverage of women who have been screened by any other provider or entity and the Title XV grantee has elected to include screening activities by that provider or entity as screening activities pursuant to Title XV.
(B) Not later than October 1, 2003, the Department shall complete its study and prepare a report of its findings and recommendations. The Department shall submit a copy of its report to the President of the Senate, Speaker of the House of Representatives, and Director of Budget and Management. Copies of the report shall be made available to the public on request.
Section 58.36. Pursuant to 7 U.S.C. 2015(o)(4), the Department of Job and Family Services shall request that the United States Secretary of Agriculture waive the applicability of the work requirement of 7 U.S.C. 2015(o)(2) during fiscal years 2004 and 2005 to food stamp benefit recipients who reside in a county of this state that the Department determines has had an unemployment rate of over 10 per cent for each of the four months before the month in which the waiver is in effect for the county. The Department shall make monthly determinations of which counties the waiver shall be in effect in. No individual may be exempted from the work requirements for more than a total of nine months beginning July 1, 2003, and ending June 30, 2005.
The Department shall report to the Speaker and Minority Leader of the House of Representatives and President and Minority Leader of the Senate on receipt or rejection of the waiver sought under this section.
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 |
|
$ |
113,636,659 |
|
$ |
118,401,294 |
GRF |
005-401 |
|
State Criminal Sentencing Council |
|
$ |
346,194 |
|
$ |
356,371 |
GRF |
005-406 |
|
Law-Related Education |
|
$ |
209,836 |
|
$ |
216,131 |
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 |
The foregoing appropriation item 005-406, Law-Related Education, shall be distributed directly to the Ohio Center for Law-Related Education for the purposes of providing continuing citizenship education activities to primary and secondary students, expanding delinquency prevention programs, increasing activities for at-risk youth, and accessing additional public and private money for new programs.
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 |
|
$ |
14,770,000 |
GRF |
035-402 |
|
Legislative Interns |
|
$ |
975,000 |
|
$ |
990,000 |
GRF |
035-404 |
|
Legislative Office of Education Oversight |
|
$ |
1,205,000 |
|
$ |
1,256,427 |
GRF |
035-405 |
|
Correctional Institution Inspection Committee |
|
$ |
200,000 |
|
$ |
300,000 |
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 |
|
$ |
20,619,200 |
|
$ |
21,401,627 |
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 |
|
$ |
20,793,550 |
|
$ |
21,578,964 |
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 |
|
$ |
584,414 |
|
$ |
569,803 |
GRF |
350-502 |
|
Regional Library Systems |
|
$ |
1,194,374 |
|
$ |
1,194,374 |
GRF |
350-503 |
|
Cleveland Public Library |
|
$ |
879,042 |
|
$ |
857,066 |
TOTAL GRF General Revenue Fund |
|
$ |
9,483,367 |
|
$ |
14,446,780 |
General Services Fund Group
139 |
350-602 |
|
Intra-Agency Service Charges |
|
$ |
9,000 |
|
$ |
9,000 |
4S4 |
350-604 |
|
OPLIN Technology |
|
$ |
6,450,000 |
|
$ |
1,000,000 |
459 |
350-602 |
|
Interlibrary Service Charges |
|
$ |
2,759,661 |
|
$ |
2,809,661 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
9,218,661 |
|
$ |
3,818,661 |
Federal Special Revenue Fund Group
313 |
350-601 |
|
LSTA Federal |
|
$ |
5,541,647 |
|
$ |
5,541,647 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
5,541,647 |
|
$ |
5,541,647 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
24,243,675 |
|
$ |
23,807,088 |
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.
CINCINNATI PUBLIC LIBRARY
The foregoing appropriation item 350-501, Cincinnati Public Library, shall be used for the Talking Book program, which assists the blind and disabled.
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.
The foregoing appropriation item 350-503, Cleveland Public Library, shall be used for the Talking Book program, which assists the blind and disabled.
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 |
|
$ |
7,098,956 |
|
$ |
7,199,935 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
7,098,956 |
|
$ |
7,199,935 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
7,098,956 |
|
$ |
7,199,935 |
Section 69. DMH DEPARTMENT OF MENTAL HEALTH
Division of General Administration Intragovernmental Service Fund
Group
151 |
235-601 |
|
General Administration |
|
$ |
85,181,973 |
|
$ |
85,181,973 |
TOTAL ISF Intragovernmental |
|
|
|
|
|
|
Service Fund Group |
|
$ |
85,181,973 |
|
$ |
85,181,973 |
Division of Mental Health--Psychiatric Services to Correctional Facilities
GRF |
332-401 |
|
Forensic Services |
|
$ |
4,338,858 |
|
$ |
4,338,858 |
TOTAL GRF General Revenue Fund |
|
$ |
4,338,858 |
|
$ |
4,338,858 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
89,520,831 |
|
$ |
89,520,831 |
The foregoing appropriation item 322-401, Forensic Services,
shall be used to
provide psychiatric
services to courts of common
pleas. The appropriation
shall be allocated through community
mental health boards to
certified community agencies and shall be
distributed according
to the criteria delineated in rule
5122:4-1-01 of the
Administrative Code. These community forensic
funds may also be
used to provide forensic training to community
mental health
boards and to forensic psychiatry residency programs
in hospitals operated by
the Department of Mental Health and to
provide evaluations of patients of
forensic status
in facilities
operated by the Department of Mental Health prior
to conditional
release to the community.
In addition, appropriation item 332-401, Forensic Services,
may be used to
support projects involving mental health, substance
abuse,
courts,
and law enforcement to identify and develop
appropriate
alternative services to institutionalization for
nonviolent
mentally ill offenders, and to provide linkage to
community
services for
severely mentally disabled offenders
released from
institutions
operated by
the
Department of
Rehabilitation and
Correction. Funds may also be
utilized to
provide forensic
monitoring and tracking in addition to community
programs
serving
persons of forensic status on conditional release
or
probation.
Division of Mental Health--Administration and Statewide Programs
GRF |
333-321 |
|
Central Administration |
|
$ |
22,808,798 |
|
$ |
24,178,778 |
GRF |
333-402 |
|
Resident Trainees |
|
$ |
1,364,919 |
|
$ |
1,364,919 |
GRF |
333-403 |
|
Pre-Admission Screening Expenses |
|
$ |
650,135 |
|
$ |
650,135 |
GRF |
333-415 |
|
Lease-Rental Payments |
|
$ |
25,935,650 |
|
$ |
23,206,750 |
GRF |
333-416 |
|
Research Program Evaluation |
|
$ |
1,001,551 |
|
$ |
1,001,551 |
TOTAL GRF General Revenue Fund |
|
$ |
51,761,053 |
|
$ |
50,402,133 |
General Services Fund Group
149 |
333-609 |
|
Central Office Rotary - Operating |
|
$ |
1,087,454 |
|
$ |
1,103,578 |
TOTAL General Services Fund Group |
|
$ |
1,087,454 |
|
$ |
1,103,578 |
Federal Special Revenue Fund Group
3A7 |
333-612 |
|
Social Services Block Grant |
|
$ |
25,000 |
|
$ |
0 |
3A8 |
333-613 |
|
Federal Grant - Administration |
|
$ |
57,470 |
|
$ |
57,984 |
3A9 |
333-614 |
|
Mental Health Block Grant |
|
$ |
827,363 |
|
$ |
835,636 |
3B1 |
333-635 |
|
Community Medicaid Expansion |
|
$ |
4,126,430 |
|
$ |
4,145,222 |
324 |
333-605 |
|
Medicaid/Medicare |
|
$ |
523,761 |
|
$ |
514,923 |
TOTAL Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
5,560,024 |
|
$ |
5,553,765 |
State Special Revenue Fund Group
4X5 |
333-607 |
|
Behavioral Health Medicaid Services |
|
$ |
2,913,327 |
|
$ |
3,000,634 |
485 |
333-632 |
|
Mental Health Operating |
|
$ |
134,233 |
|
$ |
134,233 |
5M2 |
333-602 |
|
PWLC Campus Improvement |
|
$ |
200,000 |
|
$ |
200,000 |
TOTAL State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
3,247,560 |
|
$ |
3,334,867 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
61,656,091 |
|
$ |
60,394,343 |
RESIDENCY TRAINEESHIP PROGRAMS
The foregoing appropriation item 333-402, Resident Trainees,
shall be used to fund training agreements entered into by the
Department of
Mental Health for the development of curricula and
the provision of training
programs to support public mental health
services.
PRE-ADMISSION SCREENING EXPENSES
The foregoing appropriation item 333-403, Pre-Admission
Screening
Expenses, shall be used to pay
for costs to ensure that
uniform statewide methods for pre-admission screening
are in place
to perform assessments for persons in need of mental health
services or for whom institutional placement in a hospital or in
another
inpatient
facility is sought. Pre-admission screening
includes the following
activities: pre-admission assessment,
consideration of continued stay
requests, discharge planning and
referral, and adjudication of appeals and
grievance procedures.
The foregoing appropriation item 333-415, Lease-Rental
Payments, shall
be used to meet
all payments at the times they are
required to be made during the
period from July 1, 2003, to June
30, 2005, by the Department of
Mental Health
pursuant
to leases
and agreements made under section 154.20 of the Revised
Code, but
limited to the aggregate amount of
$49,142,400. Nothing in this
act shall be deemed to contravene
the obligation of the state to
pay, without necessity for further
appropriation, from the sources
pledged thereto, the bond service
charges on obligations issued
pursuant to section 154.20 of the
Revised Code.
Section 69.01. DIVISION OF MENTAL HEALTH - HOSPITALS
GRF |
334-408 |
|
Community and Hospital Mental Health Services |
|
$ |
380,249,629
|
|
$ |
390,506,082 |
GRF |
334-506 |
|
Court Costs |
|
$ |
976,652 |
|
$ |
976,652 |
TOTAL GRF General Revenue Fund |
|
$ |
381,226,281 |
|
$ |
391,482,734 |
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 |
|
$ |
2,513,253 |
|
$ |
2,576,297 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
419,502,105 |
|
$ |
431,756,805 |
COMMUNITY MENTAL HEALTH BOARD RISK FUND
The foregoing appropriation item 334-636, Community Mental
Health Board Risk
Fund, shall
be used to make payments pursuant to
section 5119.62 of the
Revised Code.
Section 69.02. DIVISION OF MENTAL HEALTH - COMMUNITY SUPPORT
SERVICES
GRF |
335-419 |
|
Community Medication Subsidy |
|
$ |
7,711,092 |
|
$ |
7,959,798 |
GRF |
335-505 |
|
Local MH Systems of Care |
|
$ |
89,687,868 |
|
$ |
89,687,868 |
TOTAL GRF General Revenue Fund |
|
$ |
97,398,960 |
|
$ |
97,647,666 |
General Services Fund Group
4P9 |
335-604 |
|
Community Mental Health Projects |
|
$ |
200,000 |
|
$ |
200,000 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
200,000 |
|
$ |
200,000 |
Federal Special Revenue Fund Group
3A7 |
335-612 |
|
Social Services Block Grant |
|
$ |
9,314,108 |
|
$ |
9,314,108 |
3A8 |
335-613 |
|
Federal Grant - Community Mental Health Board Subsidy |
|
$ |
1,717,040 |
|
$ |
1,717,040 |
3A9 |
335-614 |
|
Mental Health Block Grant |
|
$ |
16,887,218 |
|
$ |
17,056,090 |
3B1 |
335-635 |
|
Community Medicaid Expansion |
|
$ |
220,472,136 |
|
$ |
237,766,721 |
TOTAL FED Federal Special Revenue Fund Group |
|
$ |
248,390,502 |
|
$ |
265,853,959 |
State Special Revenue Fund Group
632 |
335-616 |
|
Community Capital Replacement |
|
$ |
250,000 |
|
$ |
250,000 |
TOTAL SSR State Special Revenue Fund Group |
|
$ |
250,000 |
|
$ |
250,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
346,239,462 |
|
$ |
363,951,625 |
DEPARTMENT TOTAL |
|
|
|
|
|
|
GENERAL REVENUE FUND |
|
$ |
534,725,152 |
|
$ |
543,871,391 |
DEPARTMENT TOTAL |
|
|
|
|
|
|
GENERAL SERVICES FUND GROUP |
|
$ |
24,316,437 |
|
$ |
25,832,561 |
DEPARTMENT TOTAL |
|
|
|
|
|
|
FEDERAL SPECIAL REVENUE |
|
|
|
|
|
|
FUND GROUP |
|
$ |
266,684,114 |
|
$ |
284,576,515 |
DEPARTMENT TOTAL |
|
|
|
|
|
|
STATE SPECIAL REVENUE FUND GROUP |
|
$ |
6,010,813 |
|
$ |
6,161,164 |
DEPARTMENT TOTAL |
|
|
|
|
|
|
INTRAGOVERNMENTAL FUND GROUP |
|
$ |
85,181,973 |
|
$ |
85,181,973 |
TOTAL DEPARTMENT OF MENTAL HEALTH |
|
$ |
916,918,489 |
|
$ |
945,623,604 |
Section 69.03. COMMUNITY MEDICATION SUBSIDY
The foregoing appropriation item 335-419, Community
Medication Subsidy, shall be used to provide subsidized support
for psychotropic medication needs of indigent citizens in the
community to reduce unnecessary hospitalization because of lack
of
medication and to provide subsidized support for methadone
costs.
LOCAL MENTAL HEALTH SYSTEMS OF CARE
The foregoing appropriation item 335-505, Local Mental Health Systems of Care, shall be used for mental health services provided by community mental health boards in accordance with a community mental health plan submitted pursuant to section 340.03 of the Revised Code and as approved by the Department of Mental Health.
Of the foregoing appropriation, not less than $34,818,917 in fiscal year 2004 and not less than $34,818,917 in fiscal year 2005 shall be distributed by the Department of Mental Health on a per capita basis to community mental health boards.
Of the foregoing appropriation, $100,000 in each fiscal year shall be used to fund family and consumer education and support.
BEHAVIORAL HEALTH MEDICAID SERVICES
The Department of Mental Health shall administer specified
Medicaid Services
as delegated by the Department of Job and Family
Services
in an interagency agreement.
The foregoing appropriation
item
333-607, Behavioral Health Medicaid
Services, may be used to
make
payments for free-standing
psychiatric hospital inpatient
services
as defined in an
interagency agreement with the
Department of
Job and Family Services.
Section 70. DMR DEPARTMENT OF MENTAL RETARDATION AND
DEVELOPMENTAL DISABILITIES
Section 70.01. GENERAL ADMINISTRATION AND STATEWIDE SERVICES
GRF |
320-321 |
|
Central Administration |
|
$ |
9,174,390 |
|
$ |
9,357,878 |
GRF |
320-412 |
|
Protective Services |
|
$ |
1,911,471 |
|
$ |
2,008,330 |
GRF |
320-415 |
|
Lease-Rental Payments |
|
$ |
25,935,650 |
|
$ |
23,206,750 |
TOTAL GRF General Revenue Fund |
|
$ |
37,021,511 |
|
$ |
34,572,958 |
General Services Fund Group
4B5 |
320-640 |
|
Conference/Training |
|
$ |
400,000 |
|
$ |
400,000 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
400,000 |
|
$ |
400,000 |
Federal Special Revenue Fund Group
3A4 |
320-605 |
|
Administrative Support |
|
$ |
12,492,892 |
|
$ |
12,492,892 |
3A5 |
320-613 |
|
DD Council Operating
|
|
$ |
861,000 |
|
$ |
861,000 |
|
|
|
Expenses |
|
|
|
|
|
|
325 |
320-634 |
|
Protective Services |
|
$ |
100,000 |
|
$ |
100,000 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
13,453,892 |
|
$ |
13,453,892 |
State Special Revenue Fund Group |
|
|
|
|
|
|
5S2 |
590-622 |
|
Medicaid Administration & Oversight |
|
$ |
2,969,552 |
|
$ |
2,969,552 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
2,969,552 |
|
$ |
2,969,552 |
TOTAL ALL GENERAL ADMINISTRATION |
|
|
|
|
|
|
AND STATEWIDE SERVICES |
|
|
|
|
|
|
BUDGET FUND GROUPS |
|
$ |
53,844,955 |
|
$ |
51,396,402 |
The foregoing appropriation item 320-415,
Lease-Rental
Payments,
shall be used to meet
all payments at the times they are
required to be made during the
period from July 1, 2003, to June
30, 2005, by the Department of
Mental Retardation and
Developmental Disabilities pursuant to leases and
agreements
made
under section 154.20 of the Revised Code, but limited to the
aggregate amount of $49,142,400. Nothing in this act shall be
deemed to contravene the obligation of the state to pay, without
necessity for further appropriation, from the sources pledged
thereto, the bond service charges on obligations issued pursuant
to section 154.20 of the Revised Code.
Section 70.02. COMMUNITY SERVICES
GRF |
322-405 |
|
State Use Program |
|
$ |
268,792 |
|
$ |
273,510 |
GRF |
322-413 |
|
Residential and Support
Services |
|
$ |
8,439,337 |
|
$ |
8,450,787 |
GRF |
322-416 |
|
Waiver State Match |
|
$ |
95,695,198 |
|
$ |
100,019,747 |
GRF |
322-417 |
|
Supported Living |
|
$ |
43,179,715 |
|
$ |
43,179,715 |
GRF |
322-451 |
|
Family Support Services |
|
$ |
6,975,870 |
|
$ |
6,975,870 |
GRF |
322-452 |
|
Service and Support Administration |
|
$ |
8,849,724 |
|
$ |
8,849,724 |
GRF |
322-501 |
|
County Boards Subsidies |
|
$ |
31,795,691 |
|
$ |
31,795,691 |
GRF |
322-503 |
|
Tax Equity |
|
$ |
14,000,000 |
|
$ |
15,000,000 |
TOTAL GRF General Revenue Fund |
|
$ |
209,204,327 |
|
$ |
214,545,044 |
General Services Fund Group
4J6 |
322-645 |
|
Intersystem Services for
Children |
|
$ |
3,300,000 |
|
$ |
3,300,000 |
4U4 |
322-606 |
|
Community MR and DD Trust |
|
$ |
300,000 |
|
$ |
300,000 |
4V1 |
322-611 |
|
Program Support |
|
$ |
610,000 |
|
$ |
625,000 |
488 |
322-603 |
|
Residential Services
Refund |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
5,210,000 |
|
$ |
5,225,000 |
Federal Special Revenue Fund Group
3A4 |
322-605 |
|
Community Program Support |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
3A4 |
322-610 |
|
Community Residential Support
|
|
$ |
500,000 |
|
$ |
500,000 |
3A5 |
322-613 |
|
DD Council Grants |
|
$ |
3,130,000 |
|
$ |
3,130,000 |
3G6 |
322-639 |
|
Medicaid Waiver |
|
$ |
344,068,714 |
|
$ |
373,772,814 |
3M7 |
322-650 |
|
CAFS Medicaid |
|
$ |
254,739,737 |
|
$ |
267,668,087 |
325 |
322-608 |
|
Federal Grants -
|
|
$ |
2,023,587 |
|
$ |
1,833,815 |
|
|
|
Operating Expenses |
|
|
|
|
|
|
325 |
322-612 |
|
Social Service Block
|
|
$ |
10,319,346 |
|
$ |
10,330,830 |
|
|
|
Grant |
|
|
|
|
|
|
325 |
322-617 |
|
Education Grants -
|
|
$ |
75,500 |
|
$ |
75,500 |
|
|
|
Operating |
|
|
|
|
|
|
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
615,856,884 |
|
$ |
658,311,046 |
State Special Revenue Fund Group
4K8 |
322-604 |
|
Waiver - Match |
|
$ |
12,000,000 |
|
$ |
12,000,000 |
5H0 |
322-619 |
|
Medicaid Repayment |
|
$ |
25,000 |
|
$ |
25,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
12,025,000 |
|
$ |
12,025,000 |
TOTAL ALL COMMUNITY SERVICES |
|
|
|
|
|
|
BUDGET FUND GROUPS |
|
$ |
842,296,211 |
|
$ |
890,106,090 |
RESIDENTIAL AND SUPPORT SERVICES
The Department of Mental Retardation and Developmental Disabilities may designate a portion of appropriation item 322-413, Residential and Support Services, for the following:
(A) Sermak Class Services used to implement the requirements
of the agreement settling the consent
decree in
Sermak v. Manuel, Case No.
c-2-80-220,
United
States District Court for the Southern District
of Ohio,
Eastern Division;
(B) Medicaid-reimbursed programs other than home and community-based waiver services, in an amount not to
exceed $1,000,000 in each fiscal year, that enable persons with
mental retardation and developmental disabilities to live in the
community.
The purposes for which the foregoing appropriation item 322-416, Waiver State Match, shall be used include the following:
(A) Home and community-based waiver services pursuant to Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended.
(B) Services contracted by county boards of mental retardation and developmental disabilities.
(C) To pay the nonfederal share of the cost of one or more new intermediate care facility for the mentally retarded certified beds in a county where the county board of mental retardation and developmental disabilities does not initiate or support the development or certification of such beds, if the director of mental retardation and developmental disabilities is required by this act to transfer to the director of job and family services funds to pay such nonfederal share.
The Department of Mental Retardation and Developmental Disabilities may designate a portion of appropriation item 322-416, Waiver State Match, to county boards of mental retardation and developmental disabilities that have greater need for various residential and support services due to a low percentage of residential and support services development in comparison to the number of individuals with mental retardation or developmental disabilities in the county.
Of the foregoing appropriation item 322-416, Waiver State Match, $9,850,000 in each year of the biennium shall be distributed by the Department to county boards of mental retardation and developmental disabilities to support existing residential facilities waiver and individual options waiver related to Medicaid activities provided for in the component of a county board's plan developed under division (A)(2) of section 5126.054 of the Revised Code and approved under section 5123.046 of the Revised Code. Up to $3,000,000 of these funds in each fiscal year may be used to implement day-to-day program management services under division (A)(2) of section 5126.054 of the Revised Code. Up to $4,200,000 in each fiscal year may be used to implement the program and health and welfare requirements of division (A)(2) of section 5126.054 of the Revised Code.
In fiscal years 2004 and 2005 not less than $2,650,000 of these funds shall be used to recruit and retain, under division (A)(2) of section 5126.054 of the Revised Code, the direct care staff necessary to implement the services included in an individualized service plan in a manner that ensures the health and welfare of the individuals being served.
The methodology utilized by the department to determine each residential facilities wavier and individual options provider's allocation of such funds in fiscal year 2003 shall be used for allocation purposes to such providers in fiscal years 2004 and 2005, respectively.
The purposes for which the foregoing appropriation item 322-417, Supported Living, shall be used include supported living services contracted by county boards of mental retardation and developmental disabilities in accordance with sections 5126.40 to 5126.47 of the Revised Code and to pay the nonfederal share of the cost of one or more new intermediate care facility for the mentally retarded certified beds in a county where the county board of mental retardation and developmental disabilities does not initiate or support the development or certification of such beds, if the director of mental retardation and developmental disabilities is required by this act to transfer to the director of job and family services funds to pay such nonfederal share.
OTHER RESIDENTIAL AND SUPPORT SERVICE PROGRAMS
Notwithstanding Chapters 5123. and 5126. of the Revised Code, the Department of Mental Retardation and Developmental Disabilities may develop residential and support service programs funded by appropriation item 322-413, Residential and Support Services, appropriation item 322-416, Waiver State Match, or appropriation item 322-417, Supported Living, that enable persons with mental retardation and developmental disabilities to live in the community. Notwithstanding Chapter 5121. and section 5123.122 of the Revised Code, the department may waive the support collection requirements of those statutes for persons in community programs developed by the department under this section. The department shall adopt rules under Chapter 119. of the Revised Code or may use existing rules for the implementation of these programs.
Notwithstanding sections 5123.171, 5123.19, 5123.20, and
5126.11 of the Revised Code, the Department of Mental Retardation
and Developmental Disabilities may implement programs funded by
appropriation item 322-451, Family Support Services, to provide
assistance to persons with mental retardation or developmental
disabilities and their families who are living in the
community.
The department shall adopt rules to implement
these programs. The department may also use the foregoing appropriation item 322-451, Family Support Services, to pay the nonfederal share of the cost of one or more new intermediate care facility for the mentally retarded certified beds in a county where the county board of mental retardation and developmental disabilities initiates or supports the development or certification of such beds, if the director of mental retardation and developmental disabilities is required by this act to transfer to the director of job and family services funds to pay such nonfederal share.
SERVICE AND SUPPORT ADMINISTRATION
The foregoing appropriation item 322-452, Service and Support Administration,
shall be allocated to county
boards of mental retardation and
developmental disabilities for the purpose of
providing service and support administration services and
to assist in bringing state funding for
all department-approved
service and support administrators within county boards of
mental retardation and
developmental disabilities to the level
authorized in division
(C) of section 5126.15 of the Revised Code.
The department
may request approval from the Controlling Board to
transfer any
unobligated appropriation authority from other state
General
Revenue Fund appropriation items within the department's
budget
to appropriation item 322-452, Service and Support Administration, to be used
to
meet the statutory funding level in division (C) of section
5126.15 of the Revised Code.
Notwithstanding division (C) of section 5126.15 of the
Revised Code and
subject to funding in appropriation item 322-452,
Service and Support Administration, no county
may receive less than its allocation in
fiscal year 1995. Wherever case management services are referred to in any law, contract, or other document, the reference shall be deemed to refer to service and support administration. No action or proceeding pending on the effective date of this section is affected by the renaming of case management services as service and support administration.
The Department of Mental Retardation and Developmental Disabilities shall adopt, amend, and rescind rules as necessary to reflect the renaming of case management services as service and support administration. All boards of mental retardation and developmental disabilities and the entities with which they contract for services shall rename the titles of their employees who provide service and support administration. All boards and contracting entities shall make corresponding changes to all employment contracts.
The department may also use the foregoing appropriation item 322-452, Service and Support Administration, to pay the nonfederal share of the cost of one or more new intermediate care facility for the mentally retarded certified beds in a county where the county board of mental retardation and developmental disabilities initiates or supports the development or certification of such beds, if the director of mental retardation and developmental disabilities is required by this act to transfer to the director of job and family services funds to pay such nonfederal share.
STATE SUBSIDIES TO MR/DD BOARDS
The foregoing appropriation item
322-501, County Boards Subsidies, shall be distributed to county boards of mental
retardation and developmental disabilities pursuant to section 5126.12 of the Revised Code to the
limit of the lesser of the amount required by that section or the appropriation in appropriation
item 322-501 prorated to all county boards of mental retardation
and developmental disabilities.
The department may also use the foregoing appropriation item 322-501, County Boards Subsidies, to pay the nonfederal share of the cost of one or more new intermediate care facility for the mentally retarded certified beds in a county where the county board of mental retardation and developmental disabilities initiates or supports the development or certification of such beds, if the director of mental retardation and developmental disabilities is required by this act to transfer to the director of job and family services funds to pay such nonfederal share.
The foregoing appropriation item 322-503, Tax Equity, shall be used to fund the tax equalization program created under section 5126.18 of the Revised Code for county boards of mental retardation and developmental disabilities.
INTERSYSTEM SERVICES FOR CHILDREN
The foregoing appropriation item 322-645, Intersystem
Services for Children, shall be used to support direct grants to
county family and children first councils created under section
121.37 of the Revised Code. The funds shall be used as partial
support payment and reimbursement for locally coordinated
treatment plans for multi-needs children that come to the
attention of the Family and Children First Cabinet Council
pursuant to section 121.37 of the Revised Code. The Department of
Mental Retardation and Developmental Disabilities may use up to
five per cent of this amount for administrative expenses
associated with the distribution of funds to the county councils.
The foregoing appropriation item 322-604, Waiver-Match (Fund
4K8),
shall be used as state matching funds for the home and
community-based
waivers.
Section 70.03. DEVELOPMENTAL CENTER PROGRAM TO DEVELOP A
MODEL BILLING FOR
SERVICES RENDERED
Developmental centers of the Department of Mental Retardation
and
Developmental Disabilities may provide services to persons
with mental
retardation or developmental disabilities living in
the community or to
providers of services to these persons. The
department may develop a
methodology for recovery of all costs
associated with the provisions of these
services.
Section 70.04. TRANSFER OF FUNDS FOR DEVELOPMENTAL CENTER PHARMACY PROGRAMS
Beginning July 1, 2003, the Department of Mental Retardation and Developmental Disabilities shall pay the Department of Job and Family Services quarterly, through intrastate transfer voucher, the nonfederal share of Medicaid prescription drug claim costs for all developmental centers paid by the Department of Job and Family Services.
Section 70.05. RESIDENTIAL FACILITIES
GRF |
323-321 |
|
Residential Facilities
|
|
$ |
103,402,750 |
|
$ |
104,634,635 |
|
|
|
Operations |
|
|
|
|
|
|
TOTAL GRF General Revenue Fund |
|
$ |
103,402,750 |
|
$ |
104,634,635 |
General Services Fund Group
152 |
323-609 |
|
Residential Facilities
|
|
$ |
912,177 |
|
$ |
912,177 |
|
|
|
Support |
|
|
|
|
|
|
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
912,177 |
|
$ |
912,177 |
Federal Special Revenue Fund Group
3A4 |
323-605 |
|
Residential Facilities
|
|
$ |
128,736,729 |
|
$ |
128,831,708 |
|
|
|
Reimbursement |
|
|
|
|
|
|
325 |
323-608 |
|
Federal Grants -
|
|
$ |
571,381 |
|
$ |
582,809 |
|
|
|
Subsidies |
|
|
|
|
|
|
325 |
323-617 |
|
Education Grants -
|
|
$ |
425,000 |
|
$ |
425,000 |
|
|
|
Residential Facilities |
|
|
|
|
|
|
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
129,733,110 |
|
$ |
129,839,517 |
State Special Revenue Fund Group
489 |
323-632 |
|
Operating Expense |
|
$ |
12,125,628 |
|
$ |
12,125,628 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
12,125,628 |
|
$ |
12,125,628 |
TOTAL ALL RESIDENTIAL FACILITIES |
|
|
|
|
|
|
BUDGET FUND GROUPS |
|
$ |
246,173,665 |
|
$ |
247,511,957 |
DEPARTMENT TOTAL |
|
|
|
|
|
|
GENERAL REVENUE FUND |
|
$ |
349,628,588 |
|
$ |
353,752,637 |
DEPARTMENT TOTAL |
|
|
|
|
|
|
GENERAL SERVICES FUND GROUP |
|
$ |
6,522,177 |
|
$ |
6,537,177 |
DEPARTMENT TOTAL |
|
|
|
|
|
|
FEDERAL SPECIAL REVENUE FUND GROUP |
|
$ |
759,043,886 |
|
$ |
801,604,455 |
DEPARTMENT TOTAL |
|
|
|
|
|
|
STATE SPECIAL REVENUE FUND GROUP |
|
$ |
27,120,180 |
|
$ |
27,120,180 |
TOTAL DEPARTMENT OF MENTAL |
|
|
|
|
|
|
RETARDATION AND DEVELOPMENTAL |
|
|
|
|
|
|
DISABILITIES |
|
$ |
1,142,314,831 |
|
$ |
1,189,014,449 |
(A) The Executive
Branch Committee on Medicaid Redesign and Expansion of MRDD
Services, as established by Am. Sub. H.B. 94 of the 124th General Assembly, shall continue and consist of all of the following
individuals:
(1) One representative of the Governor appointed by the
Governor;
(2) Two representatives of the Department of Mental
Retardation and Developmental Disabilities appointed by the
Director of Mental Retardation and Developmental Disabilities;
(3) Two representatives of the Department of Job and Family
Services appointed by the Director of Job and Family Services;
(4) One representative of the Office of Budget and
Management appointed by the Director of Budget and Management;
(5) One representative of The Arc of Ohio appointed by the
organization's board of trustees;
(6) One representative of the Ohio Association of County
Boards of Mental Retardation and Developmental Disabilities
appointed by the association's board of trustees;
(7) One representative of the Ohio Superintendents of County
Boards of Mental Retardation and
Developmental Disabilities
appointed by the organization's board
of trustees;
(8) One representative of the Ohio Provider Resource
Association appointed by the association's board of trustees;
(9) One representative of the Ohio Health Care Association
appointed by the association's board of trustees;
(10) One representative of individuals with mental
retardation or other developmental disability appointed by the
Director of Mental Retardation and Developmental Disabilities.
(B) The Governor shall appoint the chairperson of the
committee. Members of the committee shall serve without
compensation or reimbursement, except to the extent that serving
on the committee is considered a part of their regular employment
duties.
(C) The committee shall meet at times determined by the
chairperson to do all of the following:
(1) Review the effect that the provisions of this act
regarding Medicaid funding for services to individuals with mental
retardation or other developmental disability have on the funding
and provision of services to such individuals;
(2) Identify issues related to, and barriers to, the
effective implementation of those provisions of this act with the
goal of meeting the needs of individuals with mental retardation
or other developmental disability;
(3) Establish effective means for resolving the issues and
barriers, including advocating changes to state law, rules, or
both.
(D) The committee
shall submit a final report to the Governor and Directors of Mental
Retardation and Developmental Disabilities and Job and Family
Services and shall cease to exist on submission of the
final report unless the Governor issues an executive order
providing for the committee to continue.
Section 71. MIH COMMISSION ON MINORITY HEALTH
GRF |
149-321 |
|
Operating Expenses |
|
$ |
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 |
|
$ |
976,319 |
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 |
|
$ |
1,731,456 |
|
$ |
1,731,456 |
GRF |
729-321 |
|
Office of Information Technology |
|
$ |
440,895 |
|
$ |
440,895 |
GRF |
730-321 |
|
Division of Parks and Recreation |
|
$ |
34,232,205 |
|
$ |
37,061,493 |
GRF |
731-321 |
|
Office of Coastal Management |
|
$ |
248,679 |
|
$ |
259,707 |
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 |
|
$ |
4,215,288 |
|
$ |
4,234,788 |
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 |
|
$ |
119,477,925 |
|
$ |
128,515,552 |
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 |
223 |
725-665 |
|
Law Enforcement Administration |
|
$ |
969,825 |
|
$ |
976,225 |
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 Publications |
|
$ |
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 |
|
$ |
27,965,095 |
|
$ |
27,652,705 |
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 |
|
Coastal 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 |
|
$ |
100,000 |
|
$ |
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 |
|
$ |
63,283,308 |
|
$ |
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 |
|
$ |
46,427,945 |
|
$ |
46,814,691 |
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 |
|
$ |
53,632,445 |
|
$ |
54,019,191 |
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 |
|
$ |
19,420,712 |
|
$ |
18,718,847 |
TOTAL WSF Waterways Safety Fund |
|
|
|
|
|
|
Group |
|
$ |
24,356,608 |
|
$ |
23,981,878 |
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 |
|
$ |
317,560,457 |
|
$ |
326,054,689 |
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.
Of the foregoing appropriation item 725-502, Soil and Water Districts, $120,000 shall be earmarked in fiscal year 2004 for the Franklin County Soil and Water District.
Of the foregoing appropriation item 725-502, Soil and Water Districts, $175,000 shall be earmarked in fiscal year 2004 for the Indian Lake Watershed.
Of the foregoing appropriation item 725-502, Soil and Water Districts, $50,000 shall be earmarked for the Rush Creek Watershed in each fiscal year.
Of the foregoing appropriation item 725-502, Soil and Water Districts, $28,000 shall be earmarked for the Conservation Action Program in each fiscal year.
Of the foregoing appropriation item 725-502, Soil and Water Districts, $150,000 each fiscal year shall be earmarked for the Muskingum Conservancy District.
Of the foregoing appropriation item 725-502, Soil and Water Districts, $120,000 each fiscal year shall be earmarked for the relocation of Route 30.
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 Coastal Management-Federal Fund (Fund 3P3) to the REALM-Federal Fund (Fund 3Z5). The Director shall cancel any
remaining outstanding encumbrances against appropriation item
725-650, Coastal 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.
LAW ENFORCEMENT ADMINISTRATION
On or after July 1, 2003, but not later than July 15, 2003, the Director of Budget and Management shall transfer $969,825 from the Central Support Indirect Fund (Fund 157) to the Law Enforcement Administration Fund (Fund 223). On or after July 1, 2004, but not later than July 15, 2004, the Director of Budget and Management shall transfer $976,225 from the Central Support Indirect Fund (Fund 157) to the Law Enforcement Administration Fund (Fund 223).
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.
DIVISION OF SOIL AND WATER
Of the foregoing appropriation item 737-321, Division of Soil and Water, $220,000 in each fiscal year shall be earmarked for the Water Quality Laboratory located at Heidelberg College.
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.
PROHIBITION AGAINST ENTRANCE FEES FOR STATE PARKS AND NATURE PRESERVES
During the biennium that includes fiscal years 2004 and 2005, the Department of Natural Resources shall not charge a fee for the privilege of entering a state park or a nature preserve, as "nature preserve" is defined in section 1517.01 of the Revised Code.
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. OLA OHIOANA LIBRARY ASSOCIATION
GRF |
355-501 |
|
Library Subsidy |
|
$ |
215,036 |
|
$ |
215,036 |
TOTAL GRF General Revenue Fund |
|
$ |
215,036 |
|
$ |
215,036 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
215,036 |
|
$ |
215,036 |
Section 76. ODB OHIO OPTICAL DISPENSERS BOARD
General Services Fund Group
4K9 |
894-609 |
|
Operating Expenses |
|
$ |
307,096 |
|
$ |
312,656 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
307,096 |
|
$ |
312,656 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
307,096 |
|
$ |
312,656 |
Section 77. OPT STATE BOARD OF OPTOMETRY
General Services Fund Group
4K9 |
885-609 |
|
Operating Expenses |
|
$ |
306,140 |
|
$ |
324,391 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
306,140 |
|
$ |
324,391 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
306,140 |
|
$ |
324,391 |
Section 78. OPP STATE BOARD OF ORTHOTICS, PROSTHETICS, AND
PEDORTHICS
General Services Fund Group
4K9 |
973-609 |
|
Operating Expenses |
|
$ |
100,206 |
|
$ |
102,395 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
100,206 |
|
$ |
102,395 |
TOTAL ALL BUDGET FUND
GROUPS |
|
$ |
100,206 |
|
$ |
102,395 |
Section 80. PBR STATE PERSONNEL BOARD OF REVIEW
GRF |
124-321 |
|
Operating |
|
$ |
1,029,430 |
|
$ |
1,077,170 |
TOTAL GRF General Revenue Fund |
|
$ |
1,029,430 |
|
$ |
1,077,170 |
General Services Fund Group
636 |
124-601 |
|
Transcript and Other |
|
$ |
25,000 |
|
$ |
25,000 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
25,000 |
|
$ |
25,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,054,430 |
|
$ |
1,102,170 |
The foregoing appropriation item 124-601, Transcript and
Other, may be used to defray the costs of producing an administrative record.
Section 81. PRX STATE BOARD OF PHARMACY
General Services Fund Group
4A5 |
887-605 |
|
Drug Law Enforcement |
|
$ |
72,900 |
|
$ |
75,550 |
4K9 |
887-609 |
|
Operating Expenses |
|
$ |
4,733,987 |
|
$ |
4,914,594 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
4,806,887 |
|
$ |
4,990,144 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
4,806,887 |
|
$ |
4,990,144 |
Section 82. PSY STATE BOARD OF PSYCHOLOGY
General Services Fund Group
4K9 |
882-609 |
|
Operating Expenses |
|
$ |
564,544 |
|
$ |
561,525 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
564,544 |
|
$ |
561,525 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
564,544 |
|
$ |
561,525 |
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 |
|
$ |
5,974,780 |
|
$ |
5,943,572 |
GRF |
019-403 |
|
Multi-County: State Share |
|
$ |
917,668 |
|
$ |
930,894 |
GRF |
019-404 |
|
Trumbull County - State Share |
|
$ |
299,546 |
|
$ |
308,450 |
GRF |
019-405 |
|
Training
Account |
|
$ |
33,323 |
|
$ |
33,323 |
GRF |
019-501 |
|
County Reimbursement - Non-Capital Cases |
|
$ |
30,567,240 |
|
$ |
32,630,070 |
GRF |
019-503 |
|
County Reimbursement - Capital Cases |
|
$ |
693,000 |
|
$ |
726,000 |
TOTAL GRF General Revenue Fund |
|
$ |
39,915,614 |
|
$ |
41,923,803 |
General Services Fund Group
101 |
019-602 |
|
Inmate Legal Assistance |
|
$ |
52,698 |
|
$ |
53,086 |
406 |
019-603 |
|
Training and Publications |
|
$ |
16,000 |
|
$ |
16,000 |
407 |
019-604 |
|
County Representation |
|
$ |
255,789 |
|
$ |
259,139 |
408 |
019-605 |
|
Client Payments |
|
$ |
285,533 |
|
$ |
285,533 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
610,020 |
|
$ |
613,758 |
Federal Special Revenue Fund Group
3S8 |
019-608 |
|
Federal Representation |
|
$ |
351,428 |
|
$ |
355,950 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
351,428 |
|
$ |
355,950 |
State Special Revenue Fund Group
4C7 |
019-601 |
|
Multi-County: County Share |
|
$ |
1,923,780 |
|
$ |
1,991,506 |
4X7 |
019-610 |
|
Trumbull County - County Share |
|
$ |
624,841 |
|
$ |
658,764 |
574 |
019-606 |
|
Legal Services Corporation |
|
$ |
14,305,700 |
|
$ |
14,305,800 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
16,854,321 |
|
$ |
16,956,070 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
57,731,383 |
|
$ |
59,849,581 |
Of the foregoing appropriation item 019-401, State Legal Defense Services, at least $250,000 in each fiscal year shall be used to provide legal services and assistance to juveniles.
The foregoing appropriation items 019-404, Trumbull County -
State Share, and
019-610, Trumbull County - County Share, shall be
used to
support an indigent defense office for Trumbull County.
The foregoing appropriation items 019-403, Multi-County:
State Share, and 019-601, Multi-County: County Share, shall be
used to support the Office of the Ohio Public Defender's
Multi-County Branch Office Program.
The foregoing appropriation item 019-405, Training Account,
shall be used by the Ohio Public Defender to provide legal
training programs at no cost for private appointed counsel who
represent at
least one indigent defendant at no cost and for
state and county public
defenders and attorneys who contract with
the Ohio Public
Defender to provide indigent defense services.
The foregoing appropriation item 019-608, Federal
Representation, shall be used to receive reimbursements from the
federal courts when the Ohio Public Defender
provides
representation in federal court cases and to support representation in such cases.
Section 84. DHS DEPARTMENT OF PUBLIC SAFETY
GRF |
763-403 |
|
Operating Expenses - EMA |
|
$ |
4,058,188 |
|
$ |
4,058,188 |
GRF |
763-507 |
|
Individual and Households Grants |
|
$ |
48,750 |
|
$ |
48,750 |
GRF |
768-413 |
|
Grants-Volunteer Fire Departments |
|
$ |
647,953 |
|
$ |
647,953 |
GRF |
769-321 |
|
Food Stamp Trafficking Enforcement Operations |
|
$ |
800,000 |
|
$ |
800,000 |
TOTAL GRF General Revenue Fund |
|
$ |
5,554,891 |
|
$ |
5,554,891 |
224 |
768-658 |
|
Small Government Fire Departments |
|
$ |
250,000 |
|
$ |
250,000 |
TOTAL GSF General Services Fund |
|
$ |
250,000 |
|
$ |
250,000 |
State Special Revenue Fund
5B9 |
766-632 |
|
PI & Security Guard Provider |
|
$ |
404,166 |
|
$ |
1,188,716 |
5Y1 |
768-620 |
|
Fireworks Training and Education |
|
$ |
10,976 |
|
$ |
10,976 |
5Y2 |
768-635 |
|
Fire Marshal |
|
$ |
7,855,076 |
|
$ |
11,787,994 |
TOTAL SSR State Special Revenue Fund Group |
|
$ |
8,270,218 |
|
$ |
12,987,686 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
14,075,109 |
|
$ |
18,792,577 |
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.
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.
GRANTS-VOLUNTEER FIRE DEPARTMENTS
The foregoing appropriation item 768-402, 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. Beginning October 1, 2003, the grant program shall be administered by the
Fire Marshal under the Department of Public Safety. The Fire Marshal
shall adopt rules necessary for the administration and operation
of the grant program.
SMALL GOVERNMENT FIRE DEPARTMENTS
After October 1, 2003, upon the request of the Director of Public
Safety, the Director of Budget and Management shall transfer $250,000
cash in each fiscal year from the State Fire Marshal Fund (Fund 5Y2)
within the State Special Revenue Fund Group to the Small Government
Fire Departments Fund (Fund 224) within the General Services Fund
Group.
Notwithstanding section 3737.17 of the Revised Code, the
foregoing appropriation item 768-658, Small Government Fire
Departments, may be used to provide loans to private fire
departments.
On October 1, 2003, the State Fire Marshal Fund (Fund 546) shall be transferred from the Department of Commerce to the Department of Public Safety. At the request of the Director of Commerce, the Director of Budget and Management may cancel encumbrances in these funds from the Department of Commerce's appropriation item 800-610, Fire Marshal, and reestablish such encumbrances or parts of encumbrances in fiscal year 2004 for the same purpose and to the same vendor in the Department of Public Safety's appropriation item 768-635, Fire Marshal. The Director of Budget and Management shall reduce the appropriation balances in fiscal year 2003 by the amount of encumbrances canceled in the funds. As determined by the Director of Budget and Management, the appropriation authority necessary to reestablish such encumbrances or parts of encumbrances in fiscal year 2004 for the Department of Public Safety is hereby appropriated. On July 31, 2003, or as soon as possible thereafter, the
Director of Budget and Management shall transfer $1,800,000 cash
from the Fire Marshal Fund (Fund 546) to the Department of Commerce, Division of Administration Fund (Fund 163, 800-620).
FIREWORKS TRAINING AND EDUCATION FUND
On October 1, 2003, the Fireworks Training & Education Fund (Fund 4L5) shall be transferred from the Department of Commerce to the Department of Public Safety. At the request of the Director of Commerce, the Director of Budget and Management may cancel encumbrances in these funds from the Department of Commerce's appropriation item 800-609, Fire Marshal, and reestablish such encumbrances or parts of encumbrances in fiscal year 2004 for the same purpose and to the same vendor in the Department of Public Safety's appropriation item 768-620, Fireworks Training and Education. The Director of Budget and Management shall reduce the appropriation balances in fiscal year 2003 by the amount of encumbrances canceled in the funds. As determined by the Director of Budget and Management, the appropriation authority necessary to reestablish such encumbrances or parts of encumbrances in fiscal year 2004 for the Department of Public Safety is hereby appropriated.
GRANTS-VOLUNTEER FIRE DEPARTMENTS FUND
On October 1, 2003, the Grants- Volunteer Fire Departments Fund (Fund GRF) shall be transferred from the Department of Commerce to the Department of Public Safety. At the request of the Director of Commerce, the Director of Budget and Management may cancel encumbrances in these funds from the Department of Commerce's appropriation item 800-402, Grants- Volunteer Fire Departments, and reestablish such encumbrances or parts of encumbrances in fiscal year 2004 for the same purpose and to the same vendor in the Department of Public Safety's appropriation item 768-402, Grants-Volunteer Fire Departments. The Director of Budget and Management shall reduce the appropriation balances in fiscal year 2003 by the amount of encumbrances canceled in the funds. As determined by the Director of Budget and Management, the appropriation authority necessary to reestablish such encumbrances or parts of encumbrances in fiscal year 2004 for the Department of Public Safety is hereby appropriated.
SMALL GOVERNMENT FIRE DEPARTMENTS FUND
On October 1, 2003, the Small Government Fire Departments Fund (Fund 5F1) shall be transferred from the Department of Commerce to the Department of Public Safety. At the request of the Director of Commerce, the Director of Budget and Management may cancel encumbrances in these funds from the Department of Commerce's appropriation item 800-635, Small Government Fire Departments, and reestablish such encumbrances or parts of encumbrances in fiscal year 2004 for the same purpose and to the same vendor in the Department of Public Safety's appropriation item 768-658, Small Government Fire Departments. The Director of Budget and Management shall reduce the appropriation balances in fiscal year 2003 by the amount of encumbrances canceled in the funds. As determined by the Director of Budget and Management, the appropriation authority necessary to reestablish such encumbrances or parts of encumbrances in fiscal year 2004 for the Department of Public Safety is hereby appropriated.
FIRE MARSHAL TRANSFER FROM COMMERCE TO PUBLIC SAFETY
Notwithstanding any provision of law to the contrary, the Director of Budget and Management is authorized to take the actions described in this section. This section applies 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 of Budget and Management may make any transfers of cash balances between funds. At the request of the Office of Budget and Management, the administering agency head shall certify to the Director the amount of an estimate of the amount of the cash balance to be transferred to the receiving fund. The Director may transfer the estimated amount or the estimate of the amount when needed to make payments. Not more than thirty days after certifying the estimated amount the administering agency head shall certify the final amount to the Director. The Director shall transfer the difference between any estimated amount previously transferred and the certified final amount.
Any fiscal year 2003 and 2004 unencumbered or unallotted appropriation balances may be transferred to the appropriate line item to be used for the same purposes, as determined by the Director of Budget and Management.
On October 1, 2003, or the first day of the first pay period commencing after the effective date of this section, whichever is later, the licensing and enforcement functions of the Department of Commerce, Division of State Fire Marshal conducted pursuant to Chapter 3737. of the Revised Code and the assets, real estate liabilities, any capital spending authority related thereto, equipment, and records, regardless of form or medium, relating to those functions are transferred to the Department of Public Safety. The Department of Public Safety thereupon assumes these functions.
Any business commenced but not completed by the Director or Department of Commerce, Division of State Fire Marshal pursuant to Chapter 3737. of the Revised Code on the effective date of this section relating to the functions transferred under this section shall be completed by the Director or Department of Public Safety in the same manner, and with the same effect, as if completed by the Director or Department of Commerce, Division of State Fire Marshal. No validation, cure, right, privilege, remedy, obligation, or liability is lost or impaired by reason of the transfer of functions required by this section and shall be administered by the Department of Public Safety. All of the rules, orders, and determinations enacted or adopted by the Department of Commerce, Division of State Fire Marshal relating to the transfer of these functions continue in effect as rules, orders, and determinations of the Department of Public Safety until modified or rescinded by the Department of Public Safety. If necessary to ensure the integrity of the numbering of the Administrative Code, the Director of the Legislative Service Commission shall renumber the rules of the Department of Commerce, Division of State Fire Marshal enacted or adopted pursuant to Chapter 3737. of the Revised Code to reflect their transfer to the Department of Public Safety.
Subject to the lay-off provisions of sections 124.321 to 124.328 of the Revised Code, all employees of the Department of Commerce, Division of State Fire Marshal who perform functions pursuant to Chapter 3737. of the Revised Code that are transferred under this section are transferred to the Department of Public Safety. The vehicles and equipment assigned to such employees are also transferred to the Department of Public Safety.
Whenever the Director or the Department of Commerce, or the Superintendent or the Division of State Fire Marshal is referred to in any law, contract, or other document relating to the functions transferred under this section, the reference shall be deemed to refer to the Director or Department of Public Safety, whichever is appropriate.
No action or proceeding pending and no license or registration issued as of the effective date of this section is affected by the transfer, and shall be recognized, prosecuted, or defended in the name of the Director of the Department of Public Safety. In all such actions, the Director or Department of Public Safety, upon application to the court, shall be substituted as a party.
PI & SECURITY GUARD PROVIDER FUND
On January 1, 2004, the PI & Security Guard Provider Fund (Fund 5B9) shall be transferred from the Department of Commerce to the Department of Public Safety. At the request of the Director of Commerce, the Director of Budget and Management may cancel encumbrances in these funds from the Department of Commerce's appropriation item 800-632, PI & Security Guard Provider, and reestablish such encumbrances or parts of encumbrances in fiscal year 2004 for the same purpose and to the same vendor in the Department of Public Safety's appropriation item 766-632, PI & Security Guard Provider. The Director of Budget and Management shall reduce the appropriation balances in fiscal year 2003 by the amount of encumbrances cancelled in the funds. As determined by the Director of Budget and Management, the appropriation authority necessary to reestablish such encumbrances or parts of encumbrances in fiscal year 2004 for the Department of Public Safety is hereby appropriated.
PI & SECURITY GUARD TRANSFER FROM COMMERCE TO PUBLIC SAFETY
Notwithstanding any provision of law to the contrary, the Director of Budget and Management is authorized to take the actions described in this section. This section applies 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 of Budget and Management may make any transfers of cash balances between funds. At the request of the Office of Budget and Management, the administering agency head shall certify to the Director the amount or an estimate of the amount of the cash balance to be transferred to the receiving fund. The Director may transfer the amount or the estimate of the amount when needed to make payments. Not more than thirty days after certifying the estimated amount the administering agency head shall certify the final amount to the Director. The Director shall transfer the difference between any estimated amount previously transferred and the certified final amount.
Any fiscal year 2003 and 2004 unencumbered or unallotted appropriation balances may be transferred to the appropriate appropriation item to be used for the same purposes, as determined by the Director of Budget and Management.
On January 1, 2004, or the first day of the first pay period commencing after the effective date of this section, whichever is later, the licensing and enforcement functions of the Department of Commerce, Division of Real Estate and Professional Licensing conducted pursuant to Chapter 4749. of the Revised Code and the assets, liabilities, any capital spending authority related thereto, equipment, and records, regardless of form or medium, relating to those functions are transferred to the Department of Public Safety. The Department of Public Safety thereupon assumes these functions.
Any business commenced but not completed by the Director or Department of Commerce, Division of Real Estate and Professional Licensing pursuant to Chapter 4749. of the Revised Code on the effective date of this section relating to the functions transferred under this section shall be completed by the Director or Department of Public Safety in the same manner, and with the same effect, as if completed by the Director or Department of Commerce, Division of Real Estate and Professional Licensing. No validation, cure, right, privilege, remedy, obligation, or liability is lost or impaired by reason of the transfer of functions required by this section and shall be administered by the Department of Public Safety. All of the rules, orders, and determinations enacted or adopted by the Department of Commerce, Division of Real Estate and Professional Licensing relating to the transfer of these functions continue in effect as rules, orders, and determinations of the Department of Public Safety until modified or rescinded by the Department of Public Safety. If necessary to ensure the integrity of the numbering of the Administrative Code, the Director of the Legislative Service Commission shall renumber the rules of the Department of Commerce, Division of Real Estate and Professional Licensing enacted or adopted pursuant to Chapter 4749. of the Revised Code to reflect their transfer to the Department of Public Safety.
Subject to the layoff provisions of sections 124.321 to 124.328 of the Revised Code, all employees of the Department of Commerce, Division of Real Estate and Professional Licensing who perform functions pursuant to Chapter 4749. of the Revised Code that are transferred under this section are transferred to the Department of Public Safety. The vehicles and equipment assigned to such employees are also transferred to the Department of Public Safety.
Whenever the Director or the Department of Commerce, or the Superintendent or the Division of Real Estate and Professional Licensing is referred to in any law, contract, or other document relating to the functions transferred under this section, the reference shall be deemed to refer to the Director or Department of Public Safety, whichever is appropriate.
No action or proceeding pending and no license or registration issued as of the effective date of this section is affected by the transfer, and shall be recognized, prosecuted, or defended in the name of the Director of the Department of Public Safety. In all such actions, the Director or Department of Public Safety, upon application to the court, shall be substituted as a party.
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 |
|
$ |
3,286,284 |
|
$ |
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 |
|
$ |
4,152,603 |
|
$ |
4,401,759 |
GRF |
235-406 |
|
Articulation and Transfer |
|
$ |
900,000 |
|
$ |
900,000 |
GRF |
235-408 |
|
Midwest Higher Education Compact |
|
$ |
82,500 |
|
$ |
82,500 |
GRF |
235-409 |
|
Information System |
|
$ |
1,185,879 |
|
$ |
1,154,671 |
GRF |
235-414 |
|
State Grants and Scholarship Administration |
|
$ |
1,219,719 |
|
$ |
1,211,373 |
GRF |
235-415 |
|
Jobs Challenge |
|
$ |
9,348,300 |
|
$ |
9,348,300 |
GRF |
235-417 |
|
Ohio Learning Network |
|
$ |
3,413,046 |
|
$ |
3,327,720 |
GRF |
235-418 |
|
Access Challenge |
|
$ |
62,068,622 |
|
$ |
62,068,622 |
GRF |
235-420 |
|
Success Challenge |
|
$ |
48,113,077 |
|
$ |
48,113,077 |
GRF |
235-428 |
|
Appalachian New Economy Partnership |
|
$ |
1,279,893 |
|
$ |
1,247,895 |
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 |
|
$ |
1,822,226 |
|
$ |
1,776,670 |
GRF |
235-477 |
|
Access Improvement Projects |
|
$ |
1,048,664 |
|
$ |
1,080,124 |
GRF |
235-501 |
|
State Share of Instruction |
|
$ |
1,572,522,610 |
|
$ |
1,615,762,698 |
GRF |
235-502 |
|
Student Support Services |
|
$ |
870,675 |
|
$ |
848,908 |
GRF |
235-503 |
|
Ohio Instructional Grants |
|
$ |
111,966,343 |
|
$ |
115,325,333 |
GRF |
235-504 |
|
War Orphans Scholarships |
|
$ |
4,672,321 |
|
$ |
4,672,321 |
GRF |
235-507 |
|
OhioLINK |
|
$ |
7,028,392 |
|
$ |
7,028,392 |
GRF |
235-508 |
|
Air Force Institute of Technology |
|
$ |
2,196,523 |
|
$ |
2,153,860 |
GRF |
235-509 |
|
Displaced Homemakers |
|
$ |
204,865 |
|
$ |
199,743 |
GRF |
235-510 |
|
Ohio Supercomputer Center |
|
$ |
4,208,472 |
|
$ |
4,103,260 |
GRF |
235-511 |
|
Cooperative Extension Service |
|
$ |
25,644,863 |
|
$ |
25,644,863 |
GRF |
235-513 |
|
Ohio University Voinovich Center |
|
$ |
311,977 |
|
$ |
305,178 |
GRF |
235-514 |
|
Central State Supplement |
|
$ |
11,039,203 |
|
$ |
11,039,203 |
GRF |
235-515 |
|
Case Western Reserve University School of Medicine |
|
$ |
3,403,612 |
|
$ |
3,312,271 |
GRF |
235-518 |
|
Capitol Scholarship Programs |
|
$ |
245,000 |
|
$ |
245,000 |
GRF |
235-519 |
|
Family Practice |
|
$ |
5,581,258 |
|
$ |
5,441,726 |
GRF |
235-520 |
|
Shawnee State Supplement |
|
$ |
2,082,289 |
|
$ |
2,082,289 |
GRF |
235-521 |
|
The Ohio State University Glenn Institute |
|
$ |
311,977 |
|
$ |
305,178 |
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 |
|
$ |
2,755,601 |
|
$ |
2,686,710 |
GRF |
235-527 |
|
Ohio Aerospace Institute |
|
$ |
2,033,607 |
|
$ |
1,982,767 |
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 |
|
$ |
35,830,188 |
|
$ |
35,830,188 |
GRF |
235-536 |
|
The Ohio State University Clinical Teaching |
|
$ |
13,649,011 |
|
$ |
13,649,011 |
GRF |
235-537 |
|
University of Cincinnati Clinical Teaching |
|
$ |
11,226,126 |
|
$ |
11,226,126 |
GRF |
235-538 |
|
Medical College of Ohio at Toledo Clinical Teaching |
|
$ |
8,750,156 |
|
$ |
8,750,156 |
GRF |
235-539 |
|
Wright State University Clinical Teaching |
|
$ |
4,250,997 |
|
$ |
4,250,997 |
GRF |
235-540 |
|
Ohio University Clinical Teaching |
|
$ |
4,109,568 |
|
$ |
4,109,568 |
GRF |
235-541 |
|
Northeastern Ohio Universities College of Medicine Clinical Teaching |
|
$ |
4,226,686 |
|
$ |
4,226,686 |
GRF |
235-543 |
|
Ohio College of Podiatric Medicine Clinical Subsidy |
|
$ |
426,631 |
|
$ |
426,631 |
GRF |
235-547 |
|
School of International Business |
|
$ |
1,458,022 |
|
$ |
1,421,572 |
GRF |
235-549 |
|
Part-time Student Instructional Grants |
|
$ |
14,036,622 |
|
$ |
14,457,721 |
GRF |
235-552 |
|
Capital Component |
|
$ |
18,711,936 |
|
$ |
18,711,936 |
GRF |
235-553 |
|
Dayton Area Graduate Studies Institute |
|
$ |
3,224,550 |
|
$ |
3,143,937 |
GRF |
235-554 |
|
Computer Science Graduate Education |
|
$ |
2,971,371 |
|
$ |
2,897,086 |
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 |
|
$ |
1,758,689 |
|
$ |
1,714,723 |
GRF |
235-583 |
|
Urban University Programs |
|
$ |
5,899,236 |
|
$ |
5,760,506 |
GRF |
235-585 |
|
Ohio University Innovation Center |
|
$ |
41,596 |
|
$ |
40,556 |
GRF |
235-587 |
|
Rural University Projects |
|
$ |
1,305,510 |
|
$ |
1,305,510 |
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 |
|
$ |
339,647 |
|
$ |
331,156 |
GRF |
235-599 |
|
National Guard Scholarship Program |
|
$ |
13,252,916 |
|
$ |
14,578,208 |
GRF |
235-909 |
|
Higher Education General Obligation Debt Service |
|
$ |
97,668,000 |
|
$ |
130,967,600 |
TOTAL GRF General Revenue Fund |
|
$ |
2,476,688,800 |
|
$ |
2,528,792,936 |
General Services Fund Group
220 |
235-614 |
|
Program Approval and Reauthorization |
|
$ |
400,000 |
|
$ |
400,000 |
456 |
235-603 |
|
Sales and Services |
|
$ |
500,002 |
|
$ |
500,003 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
900,002 |
|
$ |
900,003 |
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 |
|
$ |
2,490,178,486 |
|
$ |
2,541,880,710 |
Section 88.01. OPERATING EXPENSES
Of the foregoing appropriation item 235-321, Operating Expenses, up to $500,000 shall be used in fiscal year 2004 to support the activities of the Commission on Higher Education and the Economy. The Commission shall recommend a strategy to improve the quality and efficiency of Ohio's higher education system to increase effectiveness, eliminate unnecessary duplication, broaden the use of technology, and determine how higher education can most effectively support the state's economy, best prepare Ohio students for Third Frontier jobs, and add to the quality of life for Ohio's citizens. The Commission shall also study the ten year plan for higher education in the context of curricula, the number of higher education institutions, and the number and types of higher education degrees in relation to the needs created through the Third Frontier and other high technology economic initiatives. The Director of Budget and Management may transfer any unencumbered fiscal year 2004 balance to fiscal year 2005 to support the activities of the Commission.
The foregoing appropriation item 235-401, Lease Rental
Payments, shall be used to meet all payments at the times they are
required to be made during the period from July 1, 2003, to June
30, 2005, by the Board of Regents pursuant to leases and
agreements made under section 154.21 of the Revised Code, but
limited to the aggregate amount of $463,377,100. Nothing in
this act shall be deemed
to contravene the obligation of the state to
pay, without
necessity for further appropriation, from the sources
pledged
thereto, the bond service charges on obligations issued
pursuant
to section 154.21 of the Revised Code.
The foregoing appropriation item 235-402, Sea Grants, shall
be disbursed to
the Ohio State University and shall be
used to
conduct research on fish in
Lake Erie.
MATHEMATICS AND SCIENCE TEACHING IMPROVEMENT
Appropriation item 235-403, Math/Science Teaching
Improvement, shall be used
by
the Board of Regents to support
programs such as OSI - Discovery designed to raise the quality of
mathematics and science
teaching in primary and secondary education.
Of the foregoing appropriation item 235-403, Math/Science Teaching Improvement, $217,669 in each fiscal year shall
be distributed to the Mathemathics and Science Center in Lake
County.
Of the foregoing appropriation item 235-403, Math/Science Teaching Improvement, $87,068 in fiscal year 2004 and $87,067 in fiscal year 2005 shall
be distributed to the Ohio Mathematics and Science Coalition.
COLLEGE READINESS INITIATIVES
Appropriation item 235-404, College Readiness Initiatives,
shall be used by
the
Board of Regents to support programs
designed to improve the academic preparation and increase the number of students that enroll
and succeed in higher education.
MIDWEST HIGHER EDUCATION COMPACT
The foregoing appropriation item 235-408, Midwest Higher
Education Compact, shall be distributed by the Board of
Regents
pursuant to section 3333.40 of the Revised Code.
The foregoing appropriation item 235-409, Information System,
shall be used by
the Board of Regents to operate the higher
education information data system known as the
Higher Education
Information System.
Section 88.02. JOBS CHALLENGE
Funds appropriated to appropriation item 235-415, Jobs
Challenge, shall be distributed to state-assisted community and
technical colleges, regional campuses of state-assisted
universities, and other organizationally distinct and identifiable
member campuses of the EnterpriseOhio Network in support of
noncredit job-related training. In each fiscal year, $2,770,773 shall be distributed as
performance grants to EnterpriseOhio Network campuses based upon
each campus's documented performance according to criteria
established by the Board of Regents for increasing training and
related services to businesses, industries, and public sector
organizations.
Of the foregoing appropriation item 235-415, Jobs Challenge,
$2,819,345 in each fiscal year shall be allocated to the Targeted
Industries Training Grant
Program to attract, develop, and retain
business and industry
strategically important to the state's
economy.
Also, in each fiscal year, $3,758,182 shall be allocated to the Higher Skills
Incentives Program to promote and deliver coordinated, comprehensive training to local employers and to reward EnterpriseOhio Network campuses for
increasing the amount of non-credit skill upgrading services
provided to Ohio employers and employees. The funds shall be
distributed to campuses in proportion to each campus's share of
noncredit job-related training revenues received by all campuses
for the previous fiscal year. It is the intent of the General
Assembly that this Higher Skills Incentives component of
the Jobs Challenge Program reward campus noncredit job-related
training efforts in the same manner that the Research Challenge
Program rewards campuses for their ability to obtain sponsored
research revenues.
Appropriation item 235-417, Ohio Learning Network, shall be
used by the
Board of
Regents to support the continued
implementation of the
Ohio Learning Network,
a statewide
electronic collaborative effort
designed to promote degree
completion of students, workforce
training of employees, and
professional
development through the
use of advanced
telecommunications and distance
education
initiatives.
In each fiscal year, the foregoing appropriation item
235-418, Access
Challenge, shall be distributed to Ohio's
state-assisted access colleges and
universities. For the
purposes of this
allocation,
"access campuses" includes
state-assisted community
colleges,
state community colleges,
technical colleges, Shawnee
State University,
Central State
University, Cleveland State
University, the regional campuses of
state-assisted universities,
and, where they are
organizationally
distinct and
identifiable,
the community-technical colleges
located at
the University of
Cincinnati, Youngstown State
University, and the
University of
Akron.
The purpose of Access Challenge is to reduce the student share of costs for resident undergraduates enrolled in lower division undergraduate courses at Ohio's access campuses. The long-term goal is to make the student share of costs for these students equivalent to the student share of costs for resident undergraduate students enrolled throughout Ohio's public colleges and universities. Access Challenge appropriations shall be used in both years of the biennium to sustain, as much as possible, the tuition restraint or tuition reduction that was achieved with Access Challenge allocations in prior years.
In fiscal year 2004, Access Challenge subsidies
shall be distributed by the Board of Regents to eligible access
campuses on the basis of the average of each campus's share of fiscal year 2001 and 2002
all-terms subsidy-eligible General Studies FTEs. In fiscal year 2005, Access Challenge subsidies shall be distributed by the Board of Regents to eligible access campuses on the basis of the average of each campus's share of fiscal year 2002 and 2003 all-terms subsidy-eligible General Studies FTEs.
For the purposes of this calculation, Cleveland State
University's enrollments shall
be adjusted by the ratio of the sum
of subsidy-eligible
lower-division FTE student enrollments
eligible for access funding
to the sum of subsidy-eligible General
Studies FTE student
enrollments at Central State University and
Shawnee State
University, and for the following universities and
their regional
campuses: the Ohio State University, Ohio University,
Kent State
University, Bowling Green State University, Miami
University, the
University of Cincinnati, the University of Akron,
and Wright
State University.
The foregoing appropriation item 235-420, Success
Challenge,
shall be used by the Board of Regents to promote
degree
completion by students enrolled at a main campus of a
state-assisted
university.
In each fiscal year, seventy per cent 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, thirty per cent 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 community College, Hocking Technical
College,
Jefferson Community College, Muskingum Area Technical
College,
Rio
Grande Community College, Southern State Community
College,
and
Washington State Community College; the dean of one of
the Salem,
Tuscarawas, and East Liverpool regional campuses of Kent State
University, as designated by the president of Kent State
University; and a
representative of the Board of Regents
designated
by the
Chancellor.
Of the foregoing appropriation item 235-477, Access
Improvement Projects, $169,553 in fiscal year 2004 and $174,640 in fiscal year 2005 shall be
distributed to Miami University for the Student Achievement in Research and Scholarship (STARS) Program.
Section 88.04. STATE SHARE OF INSTRUCTION
As soon as practicable during each fiscal year of the
2003-2005 biennium in accordance with instructions of the
Board of
Regents, each state-assisted institution of higher
education shall
report its actual enrollment to the Board of
Regents.
The Board of Regents shall establish procedures
required
by
the system of formulas set out below and for the
assignment of
individual institutions to categories described in
the formulas.
The system of formulas establishes the manner in
which aggregate
expenditure requirements shall be determined for
each of the three
components of institutional operations. In addition to
other
adjustments and calculations described below,
the subsidy
entitlement of an institution shall be determined by
subtracting
from the institution's aggregate expenditure
requirements income
to be derived from the local contributions
assumed in calculating
the subsidy entitlements. The local
contributions for purposes of
determining subsidy support shall
not limit the authority of the
individual boards of trustees to
establish fee levels.
The General Studies and Technical models shall be adjusted
by
the Board of Regents so that the share of state subsidy earned
by
those models is not altered by changes in the overall local
share.
A lower-division fee differential shall be used to
maintain the
relationship that would have occurred between these
models and the
baccalaureate models had an assumed share of
37 per cent
been funded.
In defining the number of full-time equivalent (FTE) students
for
state subsidy purposes, the Board of Regents shall exclude
all undergraduate students who are not residents of Ohio, except
those charged in-state fees in accordance with reciprocity
agreements made pursuant to section 3333.17 of the Revised Code or employer contracts
entered into
pursuant to section 3333.32 of the Revised Code.
(A) AGGREGATE EXPENDITURE PER FULL-TIME EQUIVALENT STUDENT
(1) INSTRUCTION AND SUPPORT SERVICES
MODEL |
FY 2004 |
FY 2005 |
General Studies I |
$ 4,947 |
$ 4,983 |
General Studies II |
$ 5,323 |
$ 5,336 |
General Studies III |
$ 6,883 |
$ 7,120 |
Technical I |
$ 5,913 |
$ 6,137 |
Technical III |
$ 9,522 |
$ 10,026 |
Baccalaureate I |
$ 7,623 |
$ 7,721 |
Baccalaureate II |
$ 8,584 |
$ 8,864 |
Baccalaureate III |
$ 12,559 |
$ 12,932 |
Masters and Professional I |
$ 15,867 |
$ 18,000 |
Masters and Professional II |
$ 20,861 |
$ 22,141 |
Masters and Professional III |
$ 27,376 |
$ 28,190 |
Medical I |
$ 30,867 |
$ 31,819 |
Medical II |
$ 41,495 |
$ 41,960 |
MPD I |
$ 14,938
|
$ 14,966 |
For this purpose, FTE counts shall be
weighted to reflect
differences among institutions in the numbers
of students enrolled
on a part-time basis. The student services subsidy per FTE shall be $822 in fiscal year 2004 and $903 in fiscal year 2005 for all models.
(B) PLANT OPERATION AND MAINTENANCE (POM)
(1) DETERMINATION OF THE SQUARE-FOOT-BASED POM SUBSIDY
Space undergoing renovation shall be funded at the rate
allowed for storage
space.
In the calculation of square footage for each campus, square
footage shall be
weighted to reflect differences in space
utilization.
The space inventories for each campus shall be those
determined in the fiscal
year 2003 state share of instruction calculation, adjusted
for changes attributable to the
construction or renovation of
facilities for which state appropriations were
made or local
commitments were made prior to January 1, 1995.
Only 50 per cent of the space permanently taken out of
operation in fiscal
year 2004 or fiscal year 2005 that is not
otherwise replaced by a campus shall
be deleted from the plant operation and maintenance space inventory.
The square-foot-based plant operation and maintenance subsidy
for each campus
shall be determined as follows:
(a) For each standard room type category shown below, the
subsidy-eligible
net assignable square feet (NASF) for each campus
shall be multiplied
by the
following rates, and the amounts summed
for each campus to determine the total
gross square-foot-based POM
expenditure requirement:
|
FY 2004 |
FY 2005 |
Classrooms |
$5.80 |
$6.04 |
Laboratories |
$7.22 |
$7.53 |
Offices |
$5.80 |
$6.04 |
Audio Visual Data Processing |
$7.22 |
$7.53 |
Storage |
$2.57 |
$2.68 |
Circulation |
$7.31 |
$7.62 |
Other |
$5.80 |
$6.04 |
(b) The total gross square-foot POM expenditure requirement
shall be
allocated to models in proportion to FTE
enrollments as
reported in enrollment data for all models
except Doctoral I and
Doctoral II.
(c) The amounts allocated to models in division (B)(1)(b)
of
this section shall be
multiplied by
the ratio of subsidy-eligible
FTE
students to total FTE
students reported in
each model, and the
amounts summed for all models. To this total amount
shall be
added an amount to support roads and grounds expenditures to
produce
the total square-foot-based POM subsidy.
(2) DETERMINATION OF THE ACTIVITY-BASED POM SUBSIDY
(a) The number of subsidy-eligible FTE students in each
model shall
be
multiplied by the following rates for each campus
for each fiscal year.
|
FY 2004 |
FY 2005 |
General Studies I |
$ 552 |
$ 560 |
General Studies II |
$ 696 |
$ 705 |
General Studies III |
$1,608 |
$1,651 |
Technical I |
$ 777 |
$ 806 |
Technical III |
$1,501 |
$1,570 |
Baccalaureate I |
$ 700 |
$ 706 |
Baccalaureate II |
$1,250 |
$1,232 |
Baccalaureate III |
$1,520 |
$1,458 |
Masters and Professional I |
$1,258 |
$1,301 |
Masters and Professional II |
$2,817 |
$2,688 |
Masters and Professional III |
$3,832 |
$3,712 |
Medical I |
$2,663 |
$2,669 |
Medical II |
$3,837 |
$4,110 |
MPD I |
$1,213 |
$1,233 |
(b) The sum of the products for each campus determined in
division (B)(2)(a) of this section
for all models except Doctoral
I and Doctoral
II for each
fiscal year shall be weighted by a
factor to reflect
sponsored research
activity and job
training-related public
services expenditures to determine
the
total activity-based POM
subsidy.
(C) CALCULATION OF CORE SUBSIDY ENTITLEMENTS AND ADJUSTMENTS
(1) CALCULATION OF CORE SUBSIDY ENTITLEMENTS
The calculation of the core subsidy entitlement shall
consist
of the following components:
(a) For each campus and for each fiscal year, the core
subsidy entitlement shall be determined by multiplying the
amounts
listed above in divisions
(A)(1) and (2) and (B)(2) of this
section less assumed
local contributions, by (i) average
subsidy-eligible FTEs for the two-year period ending in the
prior
year for
all models except Doctoral I and Doctoral II; and (ii)
average
subsidy-eligible
FTEs for the five-year period
ending in
the
prior year for all models except Doctoral I and
Doctoral II.
(b) In calculating the core subsidy entitlements for
Medical
II models only, the Board of Regents shall use the following count
of
FTE students:
(i) For those medical schools whose current year
enrollment, including students repeating terms,
is below the base enrollment, the Medical II FTE
enrollment shall
equal: 65 per cent of the base
enrollment plus
35 per cent of the
current year enrollment including students repeating terms, where
the base
enrollment is:
|
The Ohio State University |
|
1010 |
|
University of Cincinnati |
|
833 |
|
Medical College of Ohio at Toledo |
|
650 |
|
Wright State University |
|
433 |
|
Ohio University |
|
433 |
|
Northeastern Ohio Universities College of Medicine |
|
433 |
(ii) For those medical schools whose current year
enrollment, excluding students repeating terms,
is equal to or greater than the base enrollment, the
Medical II
FTE enrollment shall equal the
base
enrollment plus the FTE for repeating students.
(iii) Students repeating terms may be no more than five per cent of current year enrollment.
(c) The Board of Regents shall compute the sum of the
two
calculations listed in division (C)(1)(a) of this section and use
the
greater sum as
the core subsidy entitlement.
The POM subsidy for each campus shall equal the greater of
the
square-foot-based subsidy or the activity-based POM subsidy
component
of the
core subsidy entitlement.
(d) The state share of instruction provided for doctoral
students shall be based on a fixed percentage of the total
appropriation. In each fiscal year of the biennium not more than
10.34 per cent
of the
total state share of instruction
shall be
reserved to
implement the
recommendations of the Graduate
Funding
Commission.
It is the
intent
of the General Assembly that the
doctoral reserve
not exceed 10.34 per
cent of the
total
state
share of instruction
to implement
the recommendations
of the
Graduate
Funding
Commission. The Board of Regents may
reallocate up to two per cent in each fiscal year of the reserve
among the
state-assisted universities on
the basis of a
quality review as
specified in the recommendations
of the Graduate
Funding
Commission. No such reallocation shall occur unless the Board of Regents, in consultation with representatives of state-assisted universities, determines that sufficient funds are available for this purpose.
The amount so reserved shall be allocated to universities in
proportion to
their share of the total number of Doctoral I
equivalent FTEs as
calculated on
an institutional basis using the
greater of the two-year or five-year
FTEs for
the period fiscal
year 1994 through fiscal year 1998 with annualized
FTEs for
fiscal
years 1994 through 1997 and all-term FTEs for fiscal year 1998
as
adjusted to
reflect the effects of doctoral review and subsequent changes in Doctoral I equivalent enrollments. For the
purposes of this calculation,
Doctoral I equivalent FTEs shall
equal the sum of Doctoral
I FTEs plus 1.5 times
the sum of
Doctoral II FTEs.
(2) ANNUAL STATE SHARE OF INSTRUCTION FUNDING GUARANTEE
In addition to and after the other adjustment noted above, in
fiscal years 2004 and 2005 each campus shall have its state share of
instruction adjusted to the extent necessary to meet the following provisions:
(a) If the total state share of instruction appropriation relative to the prior year is 102 per cent or greater, no campus shall receive a state share of instruction allocation that is less than 99 per cent of the prior year's state share of instruction amount;
(b) If the total state share of instruction appropriation relative to the prior year is greater than 95 per cent but less than 102 per cent, no campus shall receive a state share of instruction allocation that is less than three percentage points below the percentage change in the total state share of instruction percentage change;
(c) If the total share of instruction appropriation relative to the prior year is 95 per cent or less, no campus shall receive a state share of instruction allocation that is less than 2.5 percentage points below the percentage change in the total state share of instruction percentage change.
(3) CAPITAL COMPONENT DEDUCTION
After all other adjustments have been made, state share of instruction earnings
shall be reduced for each campus by the amount,
if any, by which debt service
charged in Am. H.B. No. 748 of the
121st General Assembly, Am. Sub. H.B.
No. 850 of
the 122nd
General
Assembly, Am. H.B. No. 640 of the 123rd General Assembly, and H.B. No. 675 of the 124th General Assembly for
that campus exceeds
that campus's capital
component earnings. The sum of the amounts deducted shall be transferred to appropriation item 235-552, Capital Component, in each fiscal year.
(D) REDUCTIONS IN EARNINGS
If the total state share of instruction earnings in
any
fiscal year exceed the total appropriations available for such
purposes, the Board of Regents shall proportionately reduce the
state share of instruction earnings for all campuses by a uniform
percentage
so that the system wide sum equals available
appropriations.
(E) EXCEPTIONAL CIRCUMSTANCES
Adjustments may be made to the state share of instruction
payments
and
other subsidies distributed by the Board of Regents
to
state-assisted colleges and universities for exceptional
circumstances. No adjustments for exceptional circumstances may
be made without the recommendation of the Chancellor and the
approval of the Controlling Board.
(F) MID-YEAR APPROPRIATION REDUCTIONS TO THE STATE SHARE OF INSTRUCTION
The standard provisions of the state share of instruction calculation as described in the preceding sections of temporary law shall apply to any reductions made to appropriation line item 235-501, State Share of Instruction, before the Board of Regents has formally approved the final allocation of the state share of instruction funds for any fiscal year.
Any reductions made to appropriation line item 235-501, State Share of Instruction, after the Board of Regents has formally approved the final allocation of the state share of instruction funds for any fiscal year, shall be uniformly applied to each campus in proportion to its share of the final allocation.
(G) DISTRIBUTION OF STATE SHARE OF INSTRUCTION
The state share of instruction payments to the institutions
shall
be in substantially equal monthly amounts during the fiscal
year,
unless otherwise determined by the Director of Budget and
Management pursuant to section 126.09 of the
Revised Code.
Payments during the first six months of the fiscal
year shall be
based upon the state share of instruction appropriation
estimates
made for the various institutions of higher education
according to
Board of Regents enrollment estimates.
Payments during the last
six months of the fiscal year shall be
distributed after approval
of the Controlling Board upon the
request of the Board of
Regents.
The state share of instruction to state-supported
universities for
students
enrolled in law schools in fiscal year
2004 and fiscal
year 2005 shall be
calculated by using the number
of subsidy-eligible FTE law
school students funded by state
subsidy in fiscal year 1995 or the actual
number of
subsidy-eligible FTE law school students at the
institution in the
fiscal year, whichever is less.
Section 88.05. HIGHER EDUCATION - BOARD OF TRUSTEES
Funds appropriated for instructional subsidies at colleges
and universities may be used to provide such branch or other
off-campus undergraduate courses of study and such master's
degree
courses of study as may be approved by the Board of
Regents.
In providing instructional and other services to students,
boards of trustees
of state-assisted institutions of higher
education shall supplement state
subsidies by income from charges
to students. Each board shall establish the
fees to be charged to
all students, including an instructional fee for
educational and
associated operational support of the institution and a
general
fee for noninstructional services, including locally financed
student
services facilities used for the benefit of enrolled
students. The
instructional fee and the general fee shall
encompass all charges for services
assessed uniformly to all
enrolled students. Each board may also establish
special purpose
fees, service charges, and fines as required; such special
purpose
fees and service charges shall be for services or benefits
furnished
individual students or specific categories of students
and shall not be
applied uniformly to all enrolled students. A
tuition surcharge shall be paid
by all students who are not
residents of Ohio.
The boards of trustees of individual state-assisted universities, university branch campuses, community colleges, state community colleges, and technical colleges shall limit in-state undergraduate instructional and general fee increases for an academic year over the amounts charged in the prior academic year to no more than six per cent. In addition to the six per cent main campus in-state undergraduate instructional and general fee increase limit established in this section, the Board of Trustees of The Ohio State University may authorize an additional university main campus in-state undergraduate instructional and general fee increase of three per cent for academic years 2003-2004 and 2004-2005. Except for the board of trustees of the Ohio State University, 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. The board of trustees of The Ohio State University shall not authorize combined instructional and general fee increases of more than nine per cent in a single vote. The boards of trustees of individual state-assisted universities, university branch campuses, community colleges, state community colleges, and technical colleges may authorize an additional three per cent increase in in-state undergraduate instructional and general fees in a separate vote. The additional increase shall only be used for providing scholarships to low-income students, to be known as Access Scholarship Grants, or for any other special purpose that the Board of Regents has approved. 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.
For purposes of calculating the instructional and general fees charged in the prior academic year in implementing the instructional and general fee increase limitations, the instructional and general fees during an academic year for any state-assisted institution of higher education on the quarter system that does not increase its instructional and general fees during the summer term shall be defined as the sum of the instructional and general fees charged to a full-time student in the fall, winter, and spring quarters.
For purposes of calculating the instructional and general fees charged in the prior academic year in implementing the instructional and general fee increase limitations, the instructional and general fees during an academic year for any state-assisted institution of higher education on the quarter system that does increase its instructional and general fees during the summer term shall be defined as three-fourths of the sum of the instructional and general fees charged to a full-time student in the fall, winter, spring, and summer quarters.
For purposes of calculating the instructional and general fees charged in the prior academic year in implementing the instructional and general fee increase limitations, the instructional and general fees during an academic year for any state-assisted institution of higher education on the semester system that does not increase its instructional and general fees during the summer term shall be defined as the sum of the instructional and general fees charged to a full-time student in the fall and spring semesters.
For purposes of calculating the instructional and general fees charged in the prior academic year in implementing the instructional and general fee increase limitations, the instructional and general fees during an academic year for any state-assisted institution of higher education on the semester system that does increase its instructional and general fees during the summer term shall be defined as two-thirds of the sum of the instructional and general fees charged to a full-time student in the fall, spring, and summer semesters.
The board of trustees of a state-assisted institution of
higher education shall not authorize a waiver or nonpayment of
instructional fees or general fees for any particular student or
any class of students other than waivers specifically authorized
by law or approved by the Chancellor. This prohibition is not
intended to limit the authority of boards of trustees to provide
for payments to students for services rendered the institution,
nor to prohibit the budgeting of income for staff benefits or for
student assistance in the form of payment of such instructional
and general fees. Each state-assisted institution of higher education in its
statement of charges to students shall separately identify the
instructional fee, the general fee, the tuition charge, and the
tuition surcharge. Fee charges to students for instruction shall
not be considered to be a price of service but shall be
considered
to be an integral part of the state government
financing program
in support of higher educational opportunity
for students.
In providing the appropriations in support of instructional
services at state-assisted institutions of higher education and
the appropriations for other instruction it is the intent of the
General Assembly that faculty members shall devote a proper and
judicious part of their work week to the actual instruction of
students. Total class credit hours of production per quarter per
full-time faculty member is expected to meet the standards set
forth in the budget data submitted by the Board of Regents.
The authority of government vested by law in the boards of
trustees of state-assisted institutions of higher education shall
in fact be exercised by those boards. Boards of trustees may
consult extensively with appropriate student and faculty
groups.
Administrative decisions about the utilization of
available
resources, about organizational structure, about
disciplinary
procedure, about the operation and staffing of all
auxiliary
facilities, and about administrative personnel shall be
the
exclusive prerogative of boards of trustees. Any delegation
of
authority by a board of trustees in other areas of
responsibility
shall be accompanied by appropriate standards of
guidance
concerning expected objectives in the exercise of such
delegated
authority and shall be accompanied by periodic review
of the
exercise of this delegated authority to the end that the
public
interest, in contrast to any institutional or special
interest,
shall be served.
Section 88.06. STUDENT SUPPORT SERVICES
The foregoing appropriation item 235-502, Student Support
Services, shall be
distributed by the Board of Regents to Ohio's
state-assisted colleges and
universities that incur
disproportionate costs in the provision of support
services to
disabled students.
OHIO INSTRUCTIONAL GRANTS
Notwithstanding section 3333.12 of the Revised Code, in lieu
of the tables in that section, instructional grants for all
full-time students shall be made for fiscal year 2004 using the
tables under this heading.
The tables under this heading prescribe the maximum grant
amounts covering two semesters, three quarters, or a comparable
portion of one academic year. The grant amount for a full-time
student enrolled in an eligible institution for a semester or
quarter in addition to the portion of the academic year covered by
a grant determined under these tables shall be a percentage of the
maximum prescribed in the applicable table. The maximum grant for
a fourth quarter shall be one-third of the maximum amount
prescribed under the table. The maximum grant for a third semester
shall be one-half of the maximum amount prescribed under the
table.
For a full-time student who is a dependent and enrolled in a
nonprofit educational institution that is not a state-assisted
institution and that has a certificate of authorization issued
pursuant to Chapter 1713. of the Revised Code, the amount of the
instructional grant for two semesters, three quarters, or a
comparable portion of the academic year shall be determined in
accordance with the following table:
Private InstitutionTable of Grants
|
Maximum Grant $5,466 |
Gross Income |
Number of Dependents |
$0 - $15,000 |
|
$5,466 |
|
$5,466 |
|
$5,466 |
|
$5,466 |
|
$5,466 |
$15,001 - $16,000 |
|
4,920 |
|
5,466 |
|
5,466 |
|
5,466 |
|
5,466 |
$16,001 - $17,000 |
|
4,362 |
|
4,920 |
|
5,466 |
|
5,466 |
|
5,466 |
$17,001 - $18,000 |
|
3,828 |
|
4,362 |
|
4,920 |
|
5,466 |
|
5,466 |
$18,001 - $19,000 |
|
3,288 |
|
3,828 |
|
4,362 |
|
4,920 |
|
5,466 |
$19,001 - $22,000 |
|
2,736 |
|
3,288 |
|
3,828 |
|
4,362 |
|
4,920 |
$22,001 - $25,000 |
|
2,178 |
|
2,736 |
|
3,288 |
|
3,828 |
|
4,362 |
$25,001 - $28,000 |
|
1,626 |
|
2,178 |
|
2,736 |
|
3,288 |
|
3,828 |
$28,001 - $31,000 |
|
1,344 |
|
1,626 |
|
2,178 |
|
2,736 |
|
3,288 |
$31,001 - $32,000 |
|
1,080 |
|
1,344 |
|
1,626 |
|
2,178 |
|
2,736 |
$32,001 - $33,000 |
|
984 |
|
1,080 |
|
1,344 |
|
1,626 |
|
2,178 |
$33,001 - $34,000 |
|
888 |
|
984 |
|
1,080 |
|
1,344 |
|
1,626 |
$34,001 - $35,000 |
|
444 |
|
888 |
|
984 |
|
1,080 |
|
1,344 |
$35,001 - $36,000 |
|
-- |
|
444 |
|
888 |
|
984 |
|
1,080 |
$36,001 - $37,000 |
|
-- |
|
-- |
|
444 |
|
888 |
|
984 |
$37,001 - $38,000 |
|
-- |
|
-- |
|
-- |
|
444 |
|
888 |
$38,001 - $39,000 |
|
-- |
|
-- |
|
-- |
|
-- |
|
444 |
For a full-time student who is financially independent and
enrolled in a nonprofit educational institution that is not a
state-assisted institution and that has a certificate of
authorization issued pursuant to Chapter 1713. of the Revised
Code, the amount of the instructional grant for two semesters,
three quarters, or a comparable portion of the academic year
shall
be determined in accordance with the following table:
Private InstitutionTable of Grants
|
Maximum Grant $5,466 |
Gross Income |
Number of Dependents |
Under $4,800 |
$5,466 |
|
$5,466 |
|
$5,466 |
$5,466 |
$5,466 |
|
$5,466 |
$4,801 - $5,300 |
4,920 |
|
5,466 |
|
5,466 |
5,466 |
5,466 |
|
5,466 |
$5,301 - $5,800 |
4,362 |
|
5,028 |
|
5,466 |
5,466 |
5,466 |
|
5,466 |
$5,801 - $6,300 |
3,828 |
|
4,584 |
|
5,028 |
5,466 |
5,466 |
|
5,466 |
$6,301 - $6,800 |
3,288 |
|
4,158 |
|
4,584 |
5,028 |
5,466 |
|
5,466 |
$6,801 - $7,300 |
2,736 |
|
3,726 |
|
4,158 |
4,584 |
5,028 |
|
5,466 |
$7,301 - $8,300 |
2,178 |
|
3,282 |
|
3,726 |
4,158 |
4,584 |
|
5,028 |
$8,301 - $9,300 |
1,626 |
|
2,838 |
|
3,282 |
3,726 |
4,158 |
|
4,584 |
$9,301 - $10,300 |
1,344 |
|
2,394 |
|
2,838 |
3,282 |
3,726 |
|
4,158 |
$10,301 - $11,800 |
1,080 |
|
2,166 |
|
2,394 |
2,838 |
3,282 |
|
3,726 |
$11,801 - $13,300 |
984 |
|
1,956 |
|
2,166 |
2,394 |
2,838 |
|
3,282 |
$13,301 - $14,800 |
888 |
|
1,878 |
|
1,956 |
2,166 |
2,394 |
|
2,838 |
$14,801 - $16,300 |
444 |
|
1,692 |
|
1,878 |
1,956 |
2,166 |
|
2,394 |
$16,301 - $19,300 |
-- |
|
1,122 |
|
1,584 |
1,770 |
1,956 |
|
2,166 |
$19,301 - $22,300 |
-- |
|
546 |
|
1,014 |
1,476 |
1,662 |
|
1,848 |
$22,301 - $25,300 |
-- |
|
438 |
|
546 |
1,014 |
1,476 |
|
1,662 |
$25,301 - $30,300 |
-- |
|
324 |
|
438 |
546 |
1,014 |
|
1,476 |
$30,301 - $35,300 |
-- |
|
198 |
|
216 |
270 |
324 |
|
792 |
For a full-time student who is a dependent and enrolled in an
educational institution that holds a certificate of registration
from the state board of career colleges and schools or a private institution exempt from regulation under Chapter 3332. of the Revised Code as prescribed in section 3333.046 of the Revised Code, the
amount of the instructional grant for two semesters, three
quarters, or a comparable portion of the academic year shall be
determined in accordance with the following table:
Career InstitutionTable of Grants
|
Maximum Grant $4,632 |
Gross Income |
Number of Dependents |
$0 - $15,000 |
|
$4,632 |
|
$4,632 |
|
$4,632 |
|
$4,632 |
|
$4,632 |
$15,001 - $16,000 |
|
4,182 |
|
4,632 |
|
4,632 |
|
4,632 |
|
4,632 |
$16,001 - $17,000 |
|
3,684 |
|
4,182 |
|
4,632 |
|
4,632 |
|
4,632 |
$17,001 - $18,000 |
|
3,222 |
|
3,684 |
|
4,182 |
|
4,632 |
|
4,632 |
$18,001 - $19,000 |
|
2,790 |
|
3,222 |
|
3,684 |
|
4,182 |
|
4,632 |
$19,001 - $22,000 |
|
2,292 |
|
2,790 |
|
3,222 |
|
3,684 |
|
4,182 |
$22,001 - $25,000 |
|
1,854 |
|
2,292 |
|
2,790 |
|
3,222 |
|
3,684 |
$25,001 - $28,000 |
|
1,416 |
|
1,854 |
|
2,292 |
|
2,790 |
|
3,222 |
$28,001 - $31,000 |
|
1,134 |
|
1,416 |
|
1,854 |
|
2,292 |
|
2,790 |
$31,001 - $32,000 |
|
906 |
|
1,134 |
|
1,416 |
|
1,854 |
|
2,292 |
$32,001 - $33,000 |
|
852 |
|
906 |
|
1,134 |
|
1,416 |
|
1,854 |
$33,001 - $34,000 |
|
750 |
|
852 |
|
906 |
|
1,134 |
|
1,416 |
$34,001 - $35,000 |
|
372 |
|
750 |
|
852 |
|
906 |
|
1,134 |
$35,001 - $36,000 |
|
-- |
|
372 |
|
750 |
|
852 |
|
906 |
$36,001 - $37,000 |
|
-- |
|
-- |
|
372 |
|
750 |
|
852 |
$37,001 - $38,000 |
|
-- |
|
-- |
|
-- |
|
372 |
|
750 |
$38,001 - $39,000 |
|
-- |
|
-- |
|
-- |
|
-- |
|
372 |
For a full-time student who is financially independent and
enrolled in an educational institution that holds a certificate of
registration from the state board of career colleges and schools or a private institution exempt from regulation under Chapter 3332. of the Revised Code as prescribed in section 3333.046 of the Revised Code, the amount of the instructional grant for two
semesters, three quarters, or a comparable portion of the academic
year shall be determined in accordance with the following table:
Career InstitutionTable of Grants
|
Maximum Grant $4,632 |
Gross Income |
Number of Dependents |
Under $4,800 |
$4,632 |
|
$4,632 |
|
$4,632 |
$4,632 |
$4,632 |
|
$4,632 |
$4,801 - $5,300 |
4,182 |
|
4,632 |
|
4,632 |
4,632 |
4,632 |
|
4,632 |
$5,301 - $5,800 |
3,684 |
|
4,272 |
|
4,632 |
4,632 |
4,632 |
|
4,632 |
$5,801 - $6,300 |
3,222 |
|
3,876 |
|
4,272 |
4,632 |
4,632 |
|
4,632 |
$6,301 - $6,800 |
2,790 |
|
3,504 |
|
3,876 |
4,272 |
4,632 |
|
4,632 |
$6,801 - $7,300 |
2,292 |
|
3,156 |
|
3,504 |
3,876 |
4,272 |
|
4,632 |
$7,301 - $8,300 |
1,854 |
|
2,760 |
|
3,156 |
3,504 |
3,876 |
|
4,272 |
$8,301 - $9,300 |
1,416 |
|
2,412 |
|
2,760 |
3,156 |
3,504 |
|
3,876 |
$9,301 - $10,300 |
1,134 |
|
2,058 |
|
2,412 |
2,760 |
3,156 |
|
3,504 |
$10,301 - $11,800 |
906 |
|
1,836 |
|
2,058 |
2,412 |
2,760 |
|
3,156 |
$11,801 - $13,300 |
852 |
|
1,650 |
|
1,836 |
2,058 |
2,412 |
|
2,760 |
$13,301 - $14,800 |
750 |
|
1,608 |
|
1,650 |
1,836 |
2,058 |
|
2,412 |
$14,801 - $16,300 |
372 |
|
1,434 |
|
1,608 |
1,650 |
1,836 |
|
2,058 |
$16,301 - $19,300 |
-- |
|
942 |
|
1,338 |
1,518 |
1,650 |
|
1,836 |
$19,301 - $22,300 |
-- |
|
456 |
|
858 |
1,242 |
1,416 |
|
1,560 |
$22,301 - $25,300 |
-- |
|
372 |
|
456 |
858 |
1,242 |
|
1,416 |
$25,301 - $30,300 |
-- |
|
282 |
|
372 |
456 |
858 |
|
1,242 |
$30,301 - $35,300 |
-- |
|
168 |
|
180 |
228 |
282 |
|
666 |
For a full-time student who is a dependent and enrolled in a
state-assisted educational institution, the amount of the
instructional grant for two semesters, three quarters, or a
comparable portion of the academic year shall be determined in
accordance with the following table:
Public InstitutionTable of Grants
|
Maximum Grant $2,190 |
Gross Income |
Number of Dependents |
$0 - $15,000 |
|
$2,190 |
|
$2,190 |
|
$2,190 |
|
$2,190 |
|
$2,190 |
$15,001 - $16,000 |
|
1,974 |
|
2,190 |
|
2,190 |
|
2,190 |
|
2,190 |
$16,001 - $17,000 |
|
1,740 |
|
1,974 |
|
2,190 |
|
2,190 |
|
2,190 |
$17,001 - $18,000 |
|
1,542 |
|
1,740 |
|
1,974 |
|
2,190 |
|
2,190 |
$18,001 - $19,000 |
|
1,320 |
|
1,542 |
|
1,740 |
|
1,974 |
|
2,190 |
$19,001 - $22,000 |
|
1,080 |
|
1,320 |
|
1,542 |
|
1,740 |
|
1,974 |
$22,001 - $25,000 |
|
864 |
|
1,080 |
|
1,320 |
|
1,542 |
|
1,740 |
$25,001 - $28,000 |
|
648 |
|
864 |
|
1,080 |
|
1,320 |
|
1,542 |
$28,001 - $31,000 |
|
522 |
|
648 |
|
864 |
|
1,080 |
|
1,320 |
$31,001 - $32,000 |
|
420 |
|
522 |
|
648 |
|
864 |
|
1,080 |
$32,001 - $33,000 |
|
384 |
|
420 |
|
522 |
|
648 |
|
864 |
$33,001 - $34,000 |
|
354 |
|
384 |
|
420 |
|
522 |
|
648 |
$34,001 - $35,000 |
|
174 |
|
354 |
|
384 |
|
420 |
|
522 |
$35,001 - $36,000 |
|
-- |
|
174 |
|
354 |
|
384 |
|
420 |
$36,001 - $37,000 |
|
-- |
|
-- |
|
174 |
|
354 |
|
384 |
$37,001 - $38,000 |
|
-- |
|
-- |
|
-- |
|
174 |
|
354 |
$38,001 - $39,000 |
|
-- |
|
-- |
|
-- |
|
-- |
|
174 |
For a full-time student who is financially independent and
enrolled in a state-assisted educational institution, the amount
of the instructional grant for two semesters, three quarters, or a
comparable portion of the academic year shall be determined in
accordance with the following table:
Public InstitutionTable of Grants
|
Maximum Grant $2,190 |
Gross Income |
Number of Dependents |
Under $4,800 |
$2,190 |
|
$2,190 |
|
$2,190 |
$2,190 |
$2,190 |
|
$2,190 |
$4,801 - $5,300 |
1,974 |
|
2,190 |
|
2,190 |
2,190 |
2,190 |
|
2,190 |
$5,301 - $5,800 |
1,740 |
|
2,016 |
|
2,190 |
2,190 |
2,190 |
|
2,190 |
$5,801 - $6,300 |
1,542 |
|
1,830 |
|
2,016 |
2,190 |
2,190 |
|
2,190 |
$6,301 - $6,800 |
1,320 |
|
1,674 |
|
1,830 |
2,016 |
2,190 |
|
2,190 |
$6,801 - $7,300 |
1,080 |
|
1,494 |
|
1,674 |
1,830 |
2,016 |
|
2,190 |
$7,301 - $8,300 |
864 |
|
1,302 |
|
1,494 |
1,674 |
1,830 |
|
2,016 |
$8,301 - $9,300 |
648 |
|
1,128 |
|
1,302 |
1,494 |
1,674 |
|
1,830 |
$9,301 - $10,300 |
522 |
|
954 |
|
1,128 |
1,302 |
1,494 |
|
1,674 |
$10,301 - $11,800 |
420 |
|
858 |
|
954 |
1,128 |
1,302 |
|
1,494 |
$11,801 - $13,300 |
384 |
|
774 |
|
858 |
954 |
1,128 |
|
1,302 |
$13,301 - $14,800 |
354 |
|
744 |
|
774 |
858 |
954 |
|
1,128 |
$14,801 - $16,300 |
174 |
|
678 |
|
744 |
774 |
858 |
|
954 |
$16,301 - $19,300 |
-- |
|
450 |
|
630 |
702 |
774 |
|
858 |
$19,301 - $22,300 |
-- |
|
216 |
|
402 |
594 |
654 |
|
732 |
$22,301 - $25,300 |
-- |
|
174 |
|
216 |
402 |
594 |
|
654 |
$25,301 - $30,300 |
-- |
|
132 |
|
174 |
216 |
402 |
|
594 |
$30,301 - $35,300 |
-- |
|
78 |
|
84 |
102 |
132 |
|
312 |
The foregoing appropriation item 235-503, Ohio Instructional
Grants, shall be used to make the payments authorized by division
(C) of section 3333.26 of the Revised Code to the institutions
described in that division. In addition, this appropriation shall
be used to reimburse the institutions described in division (B) of
section 3333.26 of the Revised Code for the cost of the waivers
required by that division.
The unencumbered balance of appropriation item 235-503, Ohio Instructional Grants, at the end of fiscal year 2004 shall be transferred to fiscal year 2005 for use under the same appropriation item. The amounts transferred are hereby appropriated.
The foregoing appropriation item 235-504, War Orphans
Scholarships, shall be used to reimburse state-assisted
institutions of higher education for waivers of instructional fees
and general fees provided by them, to provide grants to
institutions that have received a certificate of authorization
from the Ohio Board of Regents under Chapter 1713. of the Revised
Code, in accordance with the provisions of section 5910.04 of the
Revised Code, and to fund additional scholarship benefits provided
by section 5910.032 of the Revised Code.
Section 88.07. AIR FORCE INSTITUTE OF TECHNOLOGY
The foregoing appropriation item 235-508, Air Force Institute of Technology, shall be used to strengthen the research and educational linkages between the Wright Patterson Air Force Base and institutions of higher education in Ohio. Of the foregoing appropriation item 235-508, Air Force Institute of Technology, $1,380,000 in fiscal year 2004 and $1,380,000 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.
Of the foregoing appropriation item 235-508, Air Force Institute of Technology, $316,523 in fiscal year 2004 and $273,860 in fiscal year 2005 shall be used to directly support collaborative research between academia, industry, and the Air Force for Wright Brothers Institute Nanomaterials and Advanced Data Management and Analysis.
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.
FAMILY PRACTICE, GERIATRIC MEDICINE, AND PRIMARY CARE RESIDENCIES
The Board of Regents shall develop plans consistent
with
existing criteria and guidelines as may be required for the
distribution of appropriation items 235-519, Family Practice,
235-525, Geriatric Medicine, and 235-526, Primary Care
Residencies.
The foregoing appropriation item 235-520, Shawnee State
Supplement, shall be used by Shawnee State University as detailed
by both of the following:
(A) To allow Shawnee State University to keep its
undergraduate
fees below the statewide average, consistent with
its mission of service to an
economically depressed Appalachian
region;
(B) To allow Shawnee State University to employ new faculty
to develop and
teach in new degree programs that meet the needs of
Appalachians.
POLICE AND FIRE PROTECTION
The foregoing appropriation item 235-524, Police and Fire
Protection, shall be
used for police and fire services in the
municipalities of Kent, Athens,
Oxford, Fairborn, Bowling Green,
Portsmouth, Xenia Township (Greene County), and
Rootstown
Township, that may be used to assist these local governments in
providing police and fire protection for the central campus of the
state-affiliated university located therein. Each participating
municipality
and township shall receive 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 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.
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 235-541, 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.
SCHOOL OF INTERNATIONAL BUSINESS
Of the foregoing appropriation item 235-547, School of
International Business,
$901,975 in fiscal year 2004 and $879,426 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,
$181,318 in fiscal year 2004 and $176,785 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,
$181,318 in fiscal year 2004 and $176,785 in fiscal year 2005 shall be used
to support the Ohio State
University
BioMEMS program.
PART-TIME STUDENT INSTRUCTIONAL GRANTS
The foregoing appropriation item 235-549, Part-time Student
Instructional Grants, shall be used to support a grant program for
part-time undergraduate students who are Ohio residents and who
are enrolled in degree granting programs.
Eligibility for participation in the program shall include
degree granting educational institutions that hold a certificate
of registration from the State Board of Career Colleges and Schools, and nonprofit institutions that have a certificate
of authorization issued pursuant to Chapter 1713. of the Revised
Code, as well as state-assisted colleges and universities. Grants
shall be given to students on the basis of need, as determined by
the college, which, in making these determinations, shall give
special consideration to single-parent heads-of-household and
displaced homemakers who enroll in an educational degree program
that prepares the individual for a career. In determining need,
the college also shall consider the availability of educational
assistance from a student's employer. It is the intent of the
General Assembly that these grants not supplant such assistance.
Section 88.09. CAPITAL COMPONENT
The foregoing appropriation item 235-552, Capital Component,
shall be used by
the Board of Regents to implement the
capital
funding policy for
state-assisted colleges and
universities
established in Am. H.B. No. 748 of
the
121st General
Assembly.
Appropriations from this item shall be distributed to
all campuses
for which the estimated campus debt service
attributable to new
qualifying capital projects is
less than the
campus's
formula-determined capital component allocation. Campus
allocations shall be determined by subtracting the estimated
campus debt
service attributable to new qualifying capital
projects
from the campus's formula-determined capital component
allocation. Moneys distributed from this appropriation item shall
be
restricted to capital-related purposes.
Any campus for which the estimated campus debt service attributable to qualifying capital projects is greater than the campus's formula-determined capital component allocation shall have the difference subtracted from its State Share of Instruction allocation in each fiscal year. The sum of all such amounts shall be transferred from appropriation item 235-501, State Share of Instruction, to appropriation item 235-552, Capital Component.
DAYTON AREA GRADUATE STUDIES INSTITUTE
The foregoing appropriation item 235-553, Dayton Area
Graduate Studies
Institute, shall be used by the Board of
Regents
to support the Dayton
Area Graduate Studies Institute, an
engineering graduate consortium of three
universities in the
Dayton area: Wright State University, the University of
Dayton,
and the Air Force Institute of Technology, with the participation
of
the University of Cincinnati and The Ohio State University.
Of the foregoing appropriation item 235-553, Dayton Area Graduate Studies Institute, $497,666 in fiscal year 2004 and $417,053 in fiscal year 2005 shall be used to directly support collaborative research between academia, industry, and the Air Force for Wright Brothers Institute Nanomaterials and Advanced Data Management and Analysis.
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,
$317,754 in fiscal year 2004 and $309,811 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, $150,515 in fiscal year 2004 and $146,753 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, $217,411 in fiscal year 2004 and $211,976 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, $83,619 in fiscal year 2004 and $81,529 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, $836,198 in fiscal year 2004 and $815,293 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,
$41,810 in fiscal year 2004 and $40,765 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,
$209,049 in fiscal year 2004 and $203,823 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,
$12,544 in fiscal year 2004 and $12,228 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, $1,840,168 in fiscal year 2004 and $1,794,164 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, $1,840,168 in fiscal year 2004 and $1,794,164 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.
Of the foregoing appropriation item 235-583, Urban University Programs, $175,000 in each fiscal year shall be used to support the Strategic Economic Research Collaborative at the University of Toledo Urban Affairs Center.
Of the foregoing appropriation item 235-583, Urban University Programs, $175,000 in each fiscal year shall be used to support the Institute for Collaborative Research and Public Humanities at The Ohio State University.
RURAL UNIVERSITY PROJECTS
Of the foregoing appropriation item 235-587, Rural University
Projects,
Bowling Green State University shall receive $300,005 in fiscal year 2004 and $300,005 in fiscal year 2005, Miami University shall receive $279,005 in fiscal year 2004 and $279,005 in fiscal year 2005, and Ohio University shall receive $653,973 in fiscal year 2004 and $653,973 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.
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.
Of the foregoing appropriation item 235-587, Rural University Projects, $18,131 in fiscal year 2004 and $18,131 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, $54,396 in fiscal year 2004 and $54,396 in fiscal year 2005 shall be used to support the COAD/ILGARD/GOA Appalachian Leadership Initiative.
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. The Ohio Resource Center for Mathematics, Science, and Reading shall not make available resources that are inconsistent with standards and policies of the State Board of Education.
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. SALES AND SERVICES
The Board of Regents is authorized to charge and accept payment for the provision of goods and services. Such charges shall be reasonably related to the cost of producing the goods and services. No charges may be levied for goods or services that are produced as part of the routine responsibilities or duties of the Board. All revenues received by the Board of Regents shall be deposited into Fund 456, and may be used by the Board of Regents to pay for the costs of producing the goods and services.
OHIO HIGHER EDUCATIONAL FACILITY COMMISSION SUPPORT
The foregoing appropriation item 235-602, Higher Educational Facility Commission
Administration, shall be used by the Board of Regents for
operating expenses related to the Board of Regents' support of
the
activities of the Ohio Higher Educational Facility
Commission.
Upon the request of the chancellor, the Director of
Budget and
Management shall transfer up to $20,000 cash from Fund
461 to Fund
4E8 in each fiscal year of the biennium.
The foregoing appropriation item 235-604, Physician Loan
Repayment, shall be used in accordance with sections 3702.71
to
3702.81 of the Revised Code.
The foregoing appropriation item 235-606, Nursing Loan
Program, shall be used to administer the nurse education
assistance program. Up to $159,600 in fiscal year 2004 and
$167,580 in fiscal year 2005 may be used for operating expenses
associated with the program. Any additional funds needed for the
administration of the program are subject to Controlling Board
approval.
Section 88.13. SCIENCE AND TECHNOLOGY COLLABORATION
The Board of Regents shall work in close collaboration with the Department
of Development and the Third Frontier Commission in relation to appropriation items and
programs listed in the following paragraph, and other technology-related
appropriations and programs in the Department of Development and the Board
of Regents as these agencies may designate, to ensure implementation of a
coherent state strategy with respect to science and technology.
Each of the following appropriations and programs: 195-401, Thomas Edison
Program; 195-408, Coal Research Development; 195-422, Third Frontier Action Fund;
195-632, Coal Research and Development Fund; 235-454, Research Challenge; 235-508, 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 88.15. STUDY OF CO-LOCATED INSTITUTIONS
The Board of Regents shall review the operation and effectiveness of co-located university branch campuses and technical colleges, with particular attention to improved responsiveness to community needs and improved transfer of coursework. The Board of Regents shall report its findings and recommendations to the General Assembly not later than May 15, 2004.
Section 88.16. On the effective date of this section, the Board of Regents shall recognize the conversion of Belmont Technical College from a technical college under Chapter 3358. of the Revised Code to a community college under Chapter 3354. of the Revised Code, and on and after the effective date of this section Belmont Technical College shall be known as Belmont Community College.
Section 89. DRC DEPARTMENT OF REHABILITATION AND
CORRECTION
General Revenue Fund |
|
|
|
|
|
|
GRF |
501-321 |
|
Institutional Operations |
|
$ |
849,631,155 |
|
$ |
861,557,899 |
GRF |
501-403 |
|
Prisoner Compensation |
|
$ |
8,455,052 |
|
$ |
8,705,052 |
GRF |
501-405 |
|
Halfway House |
|
$ |
36,640,139 |
|
$ |
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 |
|
$ |
54,720,123 |
|
$ |
55,372,875 |
GRF |
502-321 |
|
Mental Health Services |
|
$ |
67,052,290 |
|
$ |
68,265,662 |
GRF |
503-321 |
|
Parole and Community Operations |
|
$ |
77,445,938 |
|
$ |
78,845,845 |
GRF |
504-321 |
|
Administrative Operations |
|
$ |
24,533,707 |
|
$ |
24,920,848 |
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 |
|
$ |
1,335,000 |
|
$ |
1,374,020 |
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 |
|
$ |
38,182,606 |
|
$ |
39,293,850 |
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 |
|
$ |
1,631,841,893 |
|
$ |
1,657,647,103 |
COMMUNITY CORRECTIONS TRANSFERS
With the approval of the Controlling Board, the Department of Rehabilitation and Correction shall transfer in FY 2005 from the unexpended, unobligated GRF appropriations made to the Department for fiscal years 2004 and 2005 at least $3,500,000 in appropriation authority to appropriation item 501-405, Halfway House, and at least $1,000,000 in appropriation authority to appropriation item 501-501, Community Residential Programs - CBCF.
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.
CASH TRANSFER TO THE OFFENDER FINANCIAL RESPONSIBILITY FUND
On July 1, 2003, or as soon thereafter as possible, the Director of Budget and Management shall transfer the cash balance in the Adult Parole Authority Probation Services Fund (Fund 5A3) to the Offender Financial Responsibility Fund (Fund 5H8).
Section 90. RSC REHABILITATION SERVICES COMMISSION
GRF |
415-100 |
|
Personal Services |
|
$ |
8,677,911 |
|
$ |
8,851,468 |
GRF |
415-402 |
|
Independent Living Council |
|
$ |
12,040 |
|
$ |
12,280 |
GRF |
415-403 |
|
Mental Health Services |
|
$ |
717,221 |
|
$ |
717,221 |
GRF |
415-404 |
|
MR/DD Services |
|
$ |
1,260,816 |
|
$ |
1,260,816 |
GRF |
415-405 |
|
Vocational Rehabilitation/Job and Family Services |
|
$ |
536,912 |
|
$ |
536,912 |
GRF |
415-406 |
|
Assistive Technology |
|
$ |
47,531 |
|
$ |
47,531 |
GRF |
415-431 |
|
Office for People with Brain Injury |
|
$ |
222,364 |
|
$ |
226,012 |
GRF |
415-506 |
|
Services for People with Disabilities |
|
$ |
11,830,306 |
|
$ |
12,185,215 |
GRF |
415-508 |
|
Services for the Deaf |
|
$ |
50,000 |
|
$ |
50,000 |
GRF |
415-509 |
|
Services for the Elderly |
|
$ |
359,377 |
|
$ |
359,377 |
GRF |
415-520 |
|
Independent Living Services |
|
$ |
50,000 |
|
$ |
50,000 |
TOTAL GRF General Revenue Fund |
|
$ |
23,764,478 |
|
$ |
24,296,832 |
General Services Fund Group
4W5 |
415-606 |
|
Administrative Expenses |
|
$ |
18,016,543 |
|
$ |
18,557,040 |
467 |
415-609 |
|
Business Enterprise Operating Expenses |
|
$ |
1,584,545 |
|
$ |
1,632,082 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
19,601,088 |
|
$ |
20,189,122 |
Federal Special Revenue Fund Group
3L1 |
415-601 |
|
Social Security Personal Care Assistance |
|
$ |
3,984,486 |
|
$ |
3,988,032 |
3L1 |
415-605 |
|
Social Security Community Centers for the Deaf |
|
$ |
1,100,488 |
|
$ |
1,100,488 |
3L1 |
415-607 |
|
Social Security Administration Cost |
|
$ |
174,119 |
|
$ |
175,860 |
3L1 |
415-608 |
|
Social Security Special Programs/Assistance |
|
$ |
6,941,158 |
|
$ |
6,941,158 |
3L1 |
415-610 |
|
Social Security Vocational Rehabilitation |
|
$ |
1,338,324 |
|
$ |
1,338,324 |
3L1 |
415-614 |
|
Social Security Independent Living |
|
$ |
385,917 |
|
$ |
385,917 |
3L4 |
415-612 |
|
Federal-Independent Living Centers or Services |
|
$ |
663,687 |
|
$ |
663,687 |
3L4 |
415-615 |
|
Federal - Supported Employment |
|
$ |
1,714,546 |
|
$ |
1,714,546 |
3L4 |
415-617 |
|
Independent Living/Vocational Rehabilitation Programs |
|
$ |
1,582,484 |
|
$ |
1,582,484 |
317 |
415-620 |
|
Disability Determination |
|
$ |
73,120,329 |
|
$ |
76,776,343 |
379 |
415-616 |
|
Federal-Vocational Rehabilitation |
|
$ |
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 |
|
$ |
257,643,773 |
|
$ |
270,242,311 |
The foregoing appropriation item 415-404, MR/DD Services,
shall
be used as state matching funds to provide vocational
rehabilitation services to mutually eligible clients between the
Rehabilitation Services Commission and the Department of
Mental
Retardation and Developmental Disabilities. The
Rehabilitation
Services Commission shall report to the
Department of Mental
Retardation and Developmental Disabilities,
as outlined in an
interagency agreement, on the number and
status of mutually
eligible clients and the status of the funds
and expenditures for
these clients.
VOCATIONAL REHABILITATION/JOB AND FAMILY SERVICES
The foregoing appropriation item 415-405, Vocational
Rehabilitation/Job and Family
Services, shall be used as state
matching
funds to provide vocational
rehabilitation services to
mutually
eligible clients between the
Rehabilitation Services
Commission
and the Department of Job and Family Services.
The
Rehabilitation Services
Commission shall report to the Department
of
Job and Family Services, as
outlined in an interagency
agreement, on the number and
status of
mutually eligible clients
and the status of the funds and
expenditures for these clients.
The foregoing appropriation item 415-406, Assistive
Technology, shall be provided to Assistive Technology of Ohio and
shall be used only to provide grants under that program. No
amount of the appropriation may be used for administrative costs.
OFFICE FOR PEOPLE WITH BRAIN INJURY
Of the foregoing appropriation item 415-431, Office for
People with Brain
Injury, $50,000 in each fiscal year shall be
used for
the state match for a
federal grant awarded through the
Traumatic Brain Injury Act, Pub. L. No.
104-166, and up to $50,000 in
fiscal year 2004 and up to $50,000 in fiscal year 2005 shall be provided
to the Brain Injury Trust Fund. The remaining
appropriation in
this item shall be used to plan and
coordinate
head-injury-related
services provided by state agencies and other
government or
private entities, to assess the needs for such
services, and to
set priorities in this area.
The foregoing appropriation item 415-509, Services for the
Elderly, shall be used as matching funds for vocational
rehabilitation services for eligible elderly citizens with a
disability.
SOCIAL SECURITY REIMBURSEMENT FUNDS
Reimbursement funds received from the Social Security
Administration, United States Department of Health and Human
Services, for
the costs of providing services and training to
return disability
recipients to gainful employment, shall be used
in the Social
Security Reimbursement Fund (Fund 3L1),
as follows:
(A) Appropriation item 415-601, Social Security Personal
Care Assistance, to provide personal care
services in accordance
with section 3304.41 of the Revised Code;
(B) Appropriation item 415-605, Social Security Community
Centers for the Deaf, to provide grants to
community centers for
the deaf in Ohio for services to
individuals with hearing
impairments;
(C) Appropriation item 415-607, Social Security
Administration Cost, to provide administrative
services needed to
administer the Social Security reimbursement
program;
(D) Appropriation item 415-608, Social Security Special
Programs/Assistance,
to provide vocational rehabilitation services
to individuals with severe
disabilities, who are Social Security
beneficiaries, to achieve competitive
employment. This item also
includes funds to assist the Personal Care
Assistance, Community
Centers for the Deaf, and Independent Living Programs to
pay their
share of indirect costs as mandated by federal OMB Circular
A-87.
(E) Appropriation item 415-610, Social Security Vocational
Rehabilitation,
to provide vocational rehabilitation services to older blind
individuals with severe
disabilities to achieve a noncompetitive
employment goal.
The foregoing appropriation item 415-606, Administrative
Expenses,
shall be used to support the administrative functions
of
the commission related to the provision of vocational
rehabilitation, disability determination services, and ancillary
programs.
INDEPENDENT LIVING COUNCIL
The foregoing appropriation
item 415-402, Independent Living
Council, shall be
used to fund the
operations of the State
Independent Living
Council.
The foregoing appropriation item 415-403, Mental Health
Services, shall be
used for the provision of vocational
rehabilitation services to mutually
eligible consumers of the
Rehabilitation Services Commission and the
Department of
Mental
Health.
The Department of Mental Health shall receive a quarterly
report from
the Rehabilitation Services Commission stating the
numbers served, numbers
placed
in employment, average hourly wage,
and average hours worked.
INDEPENDENT LIVING SERVICES
The foregoing appropriation items 415-520, Independent Living
Services, and 415-612, Federal-Independent Living Centers or
Services, shall
be used to support state independent living
centers or independent living
services pursuant to Title VII of
the Independent Living Services and Centers
for
Independent
Living
of the Rehabilitation Act Amendments of 1992, 106 Stat.
4344, 29
U.S.C. 796d.
INDEPENDENT LIVING/VOCATIONAL REHABILITATION PROGRAMS
The foregoing appropriation item 415-617, Independent
Living/Vocational
Rehabilitation Programs, shall be used to
support vocational rehabilitation
programs, including, but not
limited to, Projects with Industry, Training
Grants, and Brain Injury Grants.
PILOT PROGRAM FOR VOCATIONAL REHABILITATION
During fiscal years 2004 and 2005, the Rehabilitation Services Commission may conduct a pilot program to provide vocational rehabilitation and related services to entities, employers, or individuals that are not eligible for state or federally supported services through the commission. The commission shall propose fees to be collected from the entities, employers, or individuals served by the pilot program for the approval of the Controlling Board to support the costs for vocational rehabilitation and related services provided under the pilot program. Fee revenues collected under the program shall be credited to Fund 468 (Third Party Funding). Prior to the commencement of services through the pilot program, the Rehabilitation Services Commission shall develop a program plan to be submitted to the Controlling Board. Any plan revisions or updates shall be reported to the Controlling Board. During the implementation of the pilot program, the Rehabilitation Services Commission shall investigate and determine the possibility of utilizing this source of revenue to match federal funds. The Rehabilitation Services Commission shall evaluate the progress of the pilot program and issue a report of its findings to the Governor by December 15, 2005. The report shall include a recommendation to either continue or discontinue the pilot program in the next biennium.
Section 91. RCB RESPIRATORY CARE BOARD
General Services Fund Group
4K9 |
872-609 |
|
Operating Expenses |
|
$ |
318,499 |
|
$ |
315,481 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
318,499 |
|
$ |
315,481 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
318,499 |
|
$ |
315,481 |
Section 92. REVENUE DISTRIBUTION FUNDS
Volunteer Firefighters' Dependents Fund
085 |
768-900 |
|
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 |
|
$ |
98,500,000 |
|
$ |
98,500,000 |
065 |
110-900 |
|
Library/Local Government Support Fund |
|
$ |
475,000,000 |
|
$ |
475,000,000 |
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 |
|
$ |
705,000,000 |
|
$ |
705,000,000 |
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 |
|
$ |
2,248,081,700 |
|
$ |
2,266,775,700 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
4,014,330,800 |
|
$ |
4,088,943,600 |
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 |
|
$ |
8,071,660 |
|
$ |
8,391,704 |
GRF |
221-200 |
|
Maintenance |
|
$ |
1,012,561 |
|
$ |
1,032,813 |
GRF |
221-300 |
|
Equipment |
|
$ |
269,377 |
|
$ |
269,377 |
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 96.02a. EXTREME ENVIRONMENTAL CONTAMINATION OF SCHOOL
FACILITIES
Notwithstanding any other provision of law to the contrary,
the School Facilities Commission
may provide assistance
under the
Exceptional Needs School Facilities Program established in section 3318.37 of the Revised Code
to any school district, and not
exclusively to a school district in
the lowest fifty per cent of
adjusted valuation per pupil on the
current ranking of
school districts established pursuant
to section 3317.02 of the
Revised Code, for the purpose of the
relocation or replacement of
school facilities required as a
result of extreme environmental
contamination.
The School Facilities Commission shall contract with an
independent
environmental consultant to conduct a study and to
report to the commission
as to the seriousness of the
environmental contamination, whether the
contamination violates
applicable state and federal standards, and whether
the facilities
are no longer suitable for use as school facilities. The
commission then shall make a determination regarding funding for
the
relocation or replacement of the school facilities. If the
federal
government or other public or private entity provides
funds for restitution
of costs incurred by the state or school
district in the relocation or
replacement of the school
facilities, the school district
shall
use such funds
in excess of
the school district's share to refund the state for
the state's
contribution to the environmental contamination
portion of the
project. The school district may apply an amount
of such
restitution funds up to an amount equal to the
school district's
portion of the project, as defined by the commission, toward
paying its
portion of that project to reduce the amount of
bonds
the school district otherwise must issue to receive
state
assistance under sections 3318.01 to 3318.20 of the Revised
Code.
Section 96.03. (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 |
|
$ |
5,961,208 |
GRF |
228-406 |
|
Technical and Instructional Professional Development |
|
$ |
7,691,831 |
|
$ |
7,691,831 |
GRF |
228-539 |
|
Education Technology |
|
$ |
6,989,315 |
|
$ |
6,989,315 |
Total GRF General Revenue Fund |
|
$ |
20,642,354 |
|
$ |
20,642,354 |
General Services Fund Group
5D4 |
228-640 |
|
Conference/Special Purpose Expenses |
|
$ |
1,350,000 |
|
$ |
1,350,000 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
1,350,000 |
|
$ |
1,350,000 |
State Special Revenue Fund Group
4W9 |
228-630 |
|
Ohio SchoolNet Telecommunity Fund |
|
$ |
400,000 |
|
$ |
400,000 |
4X1 |
228-634 |
|
Distance Learning |
|
$ |
1,750,000 |
|
$ |
1,750,000 |
5T3 |
228-605 |
|
Gates Foundation Grants |
|
$ |
1,194,908 |
|
$ |
1,194,908 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
3,344,908 |
|
$ |
3,344,908 |
Federal Special Revenue Fund Group
3X8 |
228-604 |
|
Individuals With Disabilities Education Act |
|
$ |
1,500,000 |
|
$ |
1,500,000 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
1,500,000 |
|
$ |
1,500,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
26,837,262 |
|
$ |
26,837,262 |
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 each fiscal year 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 each fiscal year 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 each fiscal year 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 each fiscal year 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 each fiscal year 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 each fiscal
year 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 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 |
|
$ |
13,889,462 |
|
$ |
14,241,966 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
14,014,044 |
|
$ |
14,371,531 |
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 |
|
$ |
17,802,847 |
|
$ |
18,176,908 |
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 |
|
$ |
92,501,007 |
|
$ |
94,267,788 |
GRF |
110-412 |
|
Child Support Administration |
|
$ |
74,215 |
|
$ |
74,215 |
GRF |
110-901 |
|
Property Tax Allocation - Taxation |
|
$ |
434,650,000 |
|
$ |
462,640,000 |
GRF |
110-906 |
|
Tangible Tax
Exemption - Taxation |
|
$ |
26,590,000 |
|
$ |
25,090,000 |
TOTAL GRF General Revenue Fund |
|
$ |
553,815,222 |
|
$ |
582,072,003 |
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 |
|
$ |
1,901,855,653 |
|
$ |
1,971,035,232 |
TRAVEL EXPENSES FOR THE STREAMLINED SALES TAX PROJECT
Of the foregoing appropriation item 110-607, Local Tax Administration, the Tax Commissioner may disburse funds, if available, for the purposes of paying travel expenses incurred by members of Ohio's delegation to the Streamlined Sales Tax Project, as appointed under section 5740.02 of the Revised Code. Any travel expense reimbursement paid for by the Department of Taxation shall be done in accordance with applicable state laws and guidelines.
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 |
|
$ |
18,875,595 |
|
$ |
19,525,595 |
GRF |
776-465 |
|
Ohio Rail Development Commission |
|
$ |
3,116,889 |
|
$ |
2,936,056 |
GRF |
776-466 |
|
Railroad Crossing/Grade Separation |
|
$ |
500,000 |
|
$ |
840,000 |
GRF |
777-471 |
|
Airport Improvements - State |
|
$ |
1,908,495 |
|
$ |
1,908,495 |
GRF |
777-473 |
|
Rickenbacker Lease Payments - State |
|
$ |
591,600 |
|
$ |
591,500 |
TOTAL GRF General Revenue Fund |
|
$ |
24,992,579 |
|
$ |
25,801,646 |
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 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
2,689,500 |
|
$ |
2,881,500 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
27,732,079 |
|
$ |
28,733,146 |
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 |
|
$ |
9,329,082 |
|
$ |
9,619,082 |
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 |
|
$ |
37,127,535 |
|
$ |
38,357,535 |
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 |
|
$ |
71,902,535 |
|
$ |
72,842,535 |
Section 105.01. OFFICE OF THE SINKING FUND
The foregoing appropriation item 090-401, Office of
the
Sinking Fund, shall be used for financing and other costs incurred
by or
on behalf of the Commissioners of the Sinking Fund, the Ohio
Public Facilities Commission or its secretary, or the Treasurer of
State, with
respect to
State of Ohio
general obligation bonds or
notes, including, but not limited to,
printing, advertising,
delivery, rating fees and the procurement
of ratings, professional
publications, membership in professional organizations, and
services referred to in division (D) of
section 151.01 of the
Revised
Code. The General
Revenue Fund
shall be
reimbursed for
such costs by intrastate
transfer voucher
pursuant to a
certification by the Office of the
Sinking Fund of
the
actual
amounts used. The amounts necessary to
make such
reimbursements
are appropriated from the general
obligation bond
retirement
funds
created by the Constitution and
laws to the
extent such costs are
incurred.
POLICE AND FIRE DEATH BENEFIT FUND
The foregoing appropriation item 090-575, Police and Fire
Death Benefits, shall be disbursed annually by the Treasurer of
State at the beginning of each fiscal year to the Board
of
Trustees of the Ohio Police and Fire Pension
Fund. By the
twentieth day of June of each year, the Board of
Trustees of the
Ohio Police and Fire Pension Fund
shall certify to
the Treasurer
of State the
amount disbursed in
the current
fiscal year to
make
the payments
required by section
742.63 of the
Revised Code
and
shall return to
the Treasurer of
State moneys
received from
this
item but not
disbursed.
The foregoing appropriation item 090-635, Tax Refunds, shall be used to pay refunds as provided in section 5703.052 of the Revised Code. If it is determined by the Director of Budget and Management that additional amounts are necessary, such amounts are appropriated.
Section 106. UST PETROLEUM UNDERGROUND STORAGE TANK
RELEASE COMPENSATION BOARD
State Special Revenue Fund Group
691 |
810-632 |
|
PUSTRCB Staff |
|
$ |
1,075,158 |
|
$ |
1,075,158 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
1,075,158 |
|
$ |
1,075,158 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,075,158 |
|
$ |
1,075,158 |
Section 107. TTA OHIO TUITION TRUST AUTHORITY
State Special Revenue Fund Group
5P3 |
095-602 |
|
Variable Savings Plan |
|
$ |
1,639,747 |
|
$ |
1,690,213 |
645 |
095-601 |
|
Operating Expenses |
|
$ |
3,570,614 |
|
$ |
3,689,101 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
5,210,361 |
|
$ |
5,379,314 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
5,210,361 |
|
$ |
5,379,314 |
Section 108. OVH OHIO VETERANS' HOME
GRF |
430-100 |
|
Personal Services |
|
$ |
20,664,311 |
|
$ |
18,877,112 |
GRF |
430-200 |
|
Maintenance |
|
$ |
6,912,553 |
|
$ |
6,546,928 |
TOTAL GRF General Revenue Fund |
|
$ |
27,576,864 |
|
$ |
25,424,040 |
General Services Fund Group
484 |
430-603 |
|
Rental and Service Revenue |
|
$ |
709,737 |
|
$ |
709,737 |
TOTAL GSF General Services Fund Group |
|
$ |
709,737 |
|
$ |
709,737 |
Federal Special Revenue Fund Group
3L2 |
430-601 |
|
Federal Grants |
|
$ |
12,220,340 |
|
$ |
14,696,578 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
12,220,340 |
|
$ |
14,696,578 |
State Special Revenue Fund Group
4E2 |
430-602 |
|
Veterans Home Operating |
|
$ |
6,719,938 |
|
$ |
7,769,277 |
604 |
430-604 |
|
Veterans Home Improvement |
|
$ |
770,096 |
|
$ |
770,096 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
7,490,034 |
|
$ |
8,539,373 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
47,996,975 |
|
$ |
49,369,728 |
Section 108.01. VET VETERANS' ORGANIZATIONS
VAP AMERICAN EX-PRISONERS OF WAR
GRF |
743-501 |
|
State Support |
|
$ |
25,030 |
|
$ |
25,030 |
VAN ARMY AND NAVY UNION, USA, INC.
GRF |
746-501 |
|
State Support |
|
$ |
55,012 |
|
$ |
55,012 |
VKW KOREAN WAR VETERANS
GRF |
747-501 |
|
State Support |
|
$ |
53,953 |
|
$ |
49,453 |
VJW JEWISH WAR VETERANS
GRF |
748-501 |
|
State Support |
|
$ |
29,715 |
|
$ |
29,715 |
VCW CATHOLIC WAR VETERANS
GRF |
749-501 |
|
State Support |
|
$ |
57,990 |
|
$ |
57,990 |
VPH MILITARY ORDER OF THE PURPLE HEART
GRF |
750-501 |
|
State Support |
|
$ |
56,377 |
|
$ |
56,377 |
VVV VIETNAM VETERANS OF AMERICA
GRF |
751-501 |
|
State Support |
|
$ |
185,954 |
|
$ |
185,954 |
VAL AMERICAN LEGION OF OHIO
GRF |
752-501 |
|
State Support |
|
$ |
252,328 |
|
$ |
252,328 |
VII AMVETS
GRF |
753-501 |
|
State Support |
|
$ |
237,919 |
|
$ |
237,919 |
VAV DISABLED AMERICAN VETERANS
GRF |
754-501 |
|
State Support |
|
$ |
166,308 |
|
$ |
166,308 |
VMC MARINE CORPS LEAGUE
GRF |
756-501 |
|
State Support |
|
$ |
85,972 |
|
$ |
85,972 |
V37 37TH DIVISION AEF VETERANS' ASSOCIATION
GRF |
757-501 |
|
State Support |
|
$ |
5,946 |
|
$ |
5,946 |
VFW VETERANS OF FOREIGN WARS
GRF |
758-501 |
|
State Support |
|
$ |
196,615 |
|
$ |
196,615 |
TOTAL GRF General Revenue Fund |
|
$ |
1,409,119 |
|
$ |
1,404,619 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,409,119 |
|
$ |
1,404,619 |
The foregoing appropriation items 743-501, 746-501, 747-501,
748-501, 749-501,
750-501, 751-501, 752-501, 753-501, 754-501,
756-501,
757-501, and 758-501, State Support,
shall be released
upon approval by the Director of Budget and
Management.
50th ANNIVERSARY COMMEMORATION OF THE KOREAN WAR
Of the foregoing appropriation item 747-501, State Support, Korean War Veterans, up to $4,500 in fiscal year 2004 shall be used for activities to commemorate the 50th anniversary of the Korean War. Commemorative activities shall be carried out by the Korean War Veterans Organization with input from the Governor's Office of Veterans Affairs and the other veterans organizations representing Korean War veterans.
AMERICAN EX-PRISONERS OF WAR
The American Ex-Prisoners of War shall be permitted to share
an office with
the Veterans of World War I.
CENTRAL OHIO UNITED SERVICES ORGANIZATION
Of the foregoing appropriation item 751-501, State Support,
Vietnam Veterans
of America,
$50,000 in each fiscal year shall be
used to support the activities of the
Central Ohio USO.
VETERANS SERVICE COMMISSION EDUCATION
Of the foregoing appropriation item 753-501, State Support,
AMVETS, up to
$20,000 in each
fiscal year may be used to provide moneys to
the
Association of
County Veterans Service Commissioners to
reimburse
its member
county veterans service commissions for costs
incurred
in carrying
out educational and outreach duties required
under
divisions (E)
and (F) of section 5901.03 of the Revised
Code. The Director of Budget and Management shall release these funds upon
the
presentation of an itemized receipt from the association for reasonable and
appropriate
expenses
incurred while performing these duties. The
association shall
establish
uniform procedures for reimbursing
member commissions.
Section 109. DVM STATE VETERINARY MEDICAL BOARD
General Services Fund Group
4K9 |
888-609 |
|
Operating Expenses |
|
$ |
444,208 |
|
$ |
453,043 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
444,208 |
|
$ |
453,043 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
444,208 |
|
$ |
453,043 |
Section 111. DYS DEPARTMENT OF YOUTH SERVICES
GRF |
470-401 |
|
RECLAIM Ohio |
|
$ |
164,637,416 |
|
$ |
167,697,792 |
GRF |
470-412 |
|
Lease Rental Payments |
|
$ |
21,110,100 |
|
$ |
21,110,000 |
GRF |
470-510 |
|
Youth Services |
|
$ |
18,608,587 |
|
$ |
18,608,587 |
GRF |
472-321 |
|
Parole Operations |
|
$ |
15,347,154 |
|
$ |
14,841,872 |
GRF |
477-321 |
|
Administrative Operations |
|
$ |
14,427,323 |
|
$ |
14,166,008 |
TOTAL GRF General Revenue Fund |
|
$ |
234,130,580 |
|
$ |
236,424,259 |
General Services Fund Group
175 |
470-613 |
|
Education Reimbursement |
|
$ |
8,817,598 |
|
$ |
8,817,598 |
4A2 |
470-602 |
|
Child Support |
|
$ |
311,302 |
|
$ |
320,641 |
4G6 |
470-605 |
|
General Operational Funds |
|
$ |
10,000 |
|
$ |
10,000 |
479 |
470-609 |
|
Employee Food Service |
|
$ |
118,454 |
|
$ |
122,008 |
523 |
470-621 |
|
Wellness Program |
|
$ |
197,778 |
|
$ |
197,778 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
9,455,132 |
|
$ |
9,468,025 |
Federal Special Revenue Fund Group
3V5 |
470-604 |
|
Juvenile Justice/Delinquency Prevention |
|
$ |
4,091,100 |
|
$ |
4,254,744 |
3W0 |
470-611 |
|
Federal Juvenile Programs FFY 02 |
|
$ |
4,500,000 |
|
$ |
0 |
3Z8 |
470-625 |
|
Federal Juvenile Programs FFY 04 |
|
$ |
7,828,899 |
|
$ |
4,500,000 |
3Z9 |
470-626 |
|
Federal Juvenile Programs FFY 05 |
|
$ |
0 |
|
$ |
7,828,899 |
321 |
470-601 |
|
Education |
|
$ |
1,491,587 |
|
$ |
1,555,147 |
321 |
470-603 |
|
Juvenile Justice Prevention |
|
$ |
1,558,138 |
|
$ |
1,558,138 |
321 |
470-606 |
|
Nutrition |
|
$ |
2,389,587 |
|
$ |
2,485,170 |
321 |
470-610 |
|
Rehabilitation Programs |
|
$ |
585,000 |
|
$ |
585,000 |
321 |
470-614 |
|
Title IV-E Reimbursements |
|
$ |
4,776,002 |
|
$ |
4,919,282 |
321 |
470-617 |
|
Americorps Programs |
|
$ |
460,000 |
|
$ |
460,000 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
27,680,313 |
|
$ |
28,146,380 |
State Special Revenue Fund Group
147 |
470-612 |
|
Vocational Education |
|
$ |
2,523,653 |
|
$ |
2,630,612 |
4W3 |
470-618 |
|
Help Me Grow |
|
$ |
11,587 |
|
$ |
11,587 |
5J7 |
470-623 |
|
Residential Treatment Services |
|
$ |
500,000 |
|
$ |
500,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
3,035,240 |
|
$ |
3,142,199 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
274,301,265 |
|
$ |
277,180,863 |
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.
YOUTH SERVICES BLOCK GRANT
Of the foregoing appropriation item 470-510, Youth Services, $50,000 in each fiscal year shall be distributed directly to Lighthouse Youth Services.
EMPLOYEE FOOD SERVICE AND EQUIPMENT
Notwithstanding section 125.14 of the Revised Code, the
foregoing appropriation item 470-609, Employee Food Service, may
be used to
purchase any food operational items with funds received
into the fund from reimbursement for state surplus property.
The foregoing appropriation item 470-613, Education
Reimbursement, shall be used to fund the operating expenses of
providing educational services to youth supervised by the
Department of Youth Services. Operating expenses include, but
are
not limited to, teachers' salaries, maintenance costs, and
educational equipment. This appropriation item shall not be used
for
capital expenses.
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 up to $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 up to
$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 131.01. That Sections 11 and 11.04 of Am. Sub. H.B. 87 of the 125th General Assembly be amended to read as follows:
Sec. 11. DOT DEPARTMENT OF TRANSPORTATION
FUND |
|
|
TITLE |
|
|
FY 2004 |
|
|
FY 2005 |
Transportation Planning and ResearchHighway Operating Fund Group
002 |
771-411 |
|
Planning and Research - State |
|
$ |
14,548,950 |
|
$ |
15,070,100 |
002 |
771-412 |
|
Planning and Research - Federal |
|
$ |
35,193,300 |
|
$ |
35,644,900 |
TOTAL HOF Highway Operating |
|
|
|
|
|
|
Fund Group |
|
$ |
49,742,250 |
|
$ |
50,715,000 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Transportation Planning |
|
|
|
|
|
|
and Research |
|
$ |
49,742,250 |
|
$ |
50,715,000 |
Highway ConstructionHighway Operating Fund Group
002 |
772-421 |
|
Highway Construction - State |
|
$ |
485,577,430 |
|
$ |
442,367,300 |
002 |
772-422 |
|
Highway Construction - Federal |
|
$ |
762,964,700 |
|
$ |
766,001,700 |
002 |
772-424 |
|
Highway Construction - Other |
|
$ |
70,000,000 |
|
$ |
51,000,000 |
212 |
770-005 |
|
Infrastructure Debt Service - Federal |
|
$ |
72,064,200 |
|
$ |
78,696,100 |
212 |
772-423 |
|
Infrastructure Lease Payments - Federal |
|
$ |
12,537,800 |
|
$ |
12,537,300 |
212 |
772-426 |
|
Highway Infrastructure Bank - Federal |
|
$ |
2,740,000 |
|
$ |
2,620,000 |
212 |
772-427 |
|
Highway Infrastructure Bank - State |
|
$ |
11,000,000 |
|
$ |
11,000,000 |
TOTAL HOF Highway Operating |
|
|
|
|
|
|
Fund Group |
|
$ |
1,416,884,130 |
|
$ |
1,364,222,400 |
Highway Capital Improvement Fund Group
042 |
772-723 |
|
Highway Construction - Bonds |
|
$ |
220,000,000 |
|
$ |
220,000,000 |
TOTAL 042 Highway Capital |
|
|
|
|
|
|
Improvement Fund Group |
|
$ |
220,000,000 |
|
$ |
220,000,000 |
Infrastructure Bank Obligations Fund Group |
|
|
|
|
|
|
045 |
772-428 |
|
Highway Infrastructure Bank - Bonds |
|
$ |
40,000,000 |
|
$ |
40,000,000 |
TOTAL 045 Infrastructure Bank |
|
|
|
|
|
|
Obligations Fund Group |
|
$ |
40,000,000 |
|
$ |
40,000,000 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Highway Construction |
|
$ |
1,678,384,130 |
|
$ |
1,627,222,400 |
Highway MaintenanceHighway Operating Fund Group
002 |
773-431 |
|
Highway Maintenance - State |
|
$ |
394,605,100 |
|
$ |
413,082,600 |
TOTAL HOF Highway Operating |
|
|
|
|
|
|
Fund Group |
|
$ |
394,605,100 |
|
$ |
413,082,600 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Highway Maintenance |
|
$ |
394,605,100 |
|
$ |
413,082,600 |
Public TransportationHighway Operating Fund Group
002 |
775-452 |
|
Public Transportation - Federal |
|
$ |
27,000,000 |
|
$ |
27,000,000 |
002 |
775-454 |
|
Public Transportation - Other |
|
$ |
1,500,000 |
|
$ |
1,500,000 |
002 |
775-459 |
|
Elderly and Disabled Special Equipment - Federal |
|
$ |
4,230,000 |
|
$ |
4,230,000 |
TOTAL HOF Highway Operating |
|
|
|
|
|
|
Fund Group |
|
$ |
32,730,000 |
|
$ |
32,730,000 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Public Transportation |
|
$ |
32,730,000 |
|
$ |
32,730,000 |
Rail TransportationHighway Operating Fund Group
002 |
776-462 |
|
Grade Crossings - Federal |
|
$ |
15,000,000 |
|
$ |
15,000,000 |
TOTAL HOF Highway Operating |
|
|
|
|
|
|
Fund Group |
|
$ |
15,000,000 |
|
$ |
15,000,000 |
State Special Revenue Fund Group
4A3 |
776-665 |
|
Railroad Crossing Safety Devices |
|
$ |
1,000,000 |
|
$ |
0 |
TOTAL SSR State Special Revenue Fund Group |
|
$ |
1,000,000 |
|
$ |
0 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Rail Transportation |
|
$ |
16,000,000 |
|
$ |
15,000,000 |
|
|
|
15,000,000 |
|
|
|
AviationHighway Operating Fund Group
002 |
777-472 |
|
Airport Improvements - Federal |
|
$ |
405,000 |
|
$ |
405,000 |
002 |
777-475 |
|
Aviation Administration |
|
$ |
4,064,700 |
|
$ |
4,139,000 |
TOTAL HOF Highway Operating |
|
|
|
|
|
|
Fund Group |
|
$ |
4,469,700 |
|
$ |
4,544,000 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Aviation |
|
$ |
4,469,700 |
|
$ |
4,544,000 |
AdministrationState Special Revenue Fund Group
4T5 |
770-609 |
|
Administration Memorial Fund |
|
$ |
5,000 |
|
$ |
5,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
5,000 |
|
$ |
5,000 |
Highway Operating Fund Group
002 |
779-491 |
|
Administration - State |
|
$ |
116,449,900 |
|
$ |
121,986,500 |
TOTAL HOF Highway Operating |
|
|
|
|
|
|
Fund Group |
|
$ |
116,449,900 |
|
$ |
121,986,500 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Administration |
|
$ |
116,454,900 |
|
$ |
121,991,500 |
Debt ServiceHighway Operating Fund Group
002 |
770-003 |
|
Administration - State - Debt Service
|
|
$ |
13,802,600 |
|
$ |
13,395,900 |
TOTAL HOF Highway Operating |
|
|
|
|
|
|
Fund Group |
|
$ |
13,802,600 |
|
$ |
13,395,900 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Debt Service |
|
$ |
13,802,600 |
|
$ |
13,395,900 |
TOTAL Department of Transportation
TOTAL HOF Highway Operating |
|
|
|
|
|
|
Fund Group |
|
$ |
2,043,683,680 |
|
$ |
2,015,676,400 |
TOTAL 042 Highway Capital |
|
|
|
|
|
|
Improvement Fund Group |
|
$ |
220,000,000 |
|
$ |
220,000,000 |
TOTAL 045 Infrastructure Bank |
|
|
|
|
|
|
Obligations Fund Group |
|
$ |
40,000,000 |
|
$ |
40,000,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
1,005,000 |
|
$ |
5,000 |
|
|
|
5,000 |
|
|
|
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
2,304,688,680 |
|
$ |
2,275,681,400 |
|
|
|
2,303,688,680 |
|
|
|
Sec. 11.04. PUBLIC ACCESS ROADS FOR STATE FACILITIES
Of the foregoing appropriation item 772-421, Highway
Construction
- State, $3,145,500 is to be used each fiscal year
during the
2003-2005 biennium by the Department of Transportation
for the
construction, reconstruction, or maintenance of public
access
roads, including support features, to and within state
facilities owned
or operated by the Department of Natural
Resources, as requested by
the Director of Natural Resources.
Notwithstanding section 5511.06 of the Revised Code, of the
foregoing appropriation item 772-421, Highway Construction -
State, $2,228,000 in each fiscal year of the 2003-2005 biennium
shall be used by the Department of Transportation for the
construction,
reconstruction, or maintenance of park drives or
park roads
within the boundaries of metropolitan parks.
Included in the foregoing appropriation item 772-421, Highway
Construction - State, the department may perform
related
road work
on behalf of the Ohio Expositions Commission at the
state
fairgrounds, including reconstruction or maintenance of
public
access roads, including support features, to and within the
facilities as requested by the commission and approved by the
Director of Transportation.
LIQUIDATION OF UNFORESEEN LIABILITIES
Any appropriation made to the Department of Transportation,
Highway Operating Fund, not otherwise restricted by law, is
available
to liquidate unforeseen liabilities arising from
contractual
agreements of prior years when the prior year
encumbrance is
insufficient.
RUMBLE STRIPS AT RAILROAD CROSSINGS
Of the foregoing appropriation item 776-665, Railroad Crossing Safety Devices, $1,000,000 in fiscal year 2004 shall be used by the Department of Transportation to fund competitive grants to political subdivisions for the cost of putting rumble strips at active railroad crossings without gates or lights. The maximum amount of a competitive grant is $50,000 for any single crossing. Each political subdivision with jurisdiction over a crossing may apply to the Department for a competitive grant for the costs of putting rumble strips at crossings. Those political subdivisions awarded grants shall install the rumble strips by December 1, 2004. Those political subdivisions awarded such grants shall not use the moneys as matching funds for any other state rail safety programs.
If rumble strips are not appropriate for a crossing, the Department may allow the political subdivision which is awarded the grant to use the funding for a safety device or technology more appropriate for the crossing.
The Department shall notify each political subdivision with jurisdiction over a crossing of the requirements of this section that funding is available for rumble strips at crossings and for other rail crossing safety improvements. The Department also shall notify associations representing political subdivisions of the availability of the funding.
The Department shall spend no more than five per cent of the appropriation item on Department administrative expenses.
The Department shall issue a report on or before June 30, 2005, describing the activities carried out by the Department to comply with the provisions of this section. The report shall include the number of crossings at which rumble strip installation was completed, the cost of each installation to date, the number of active crossings without gates or lights that still do not have rumble strips, and a geographic breakdown of where the crossings are that have and have not yet received rumble strips.
All appropriations in Fund 4A3, appropriation item 776-665, Railroad Crossing Safety Devices, remaining unencumbered on June 30, 2004, are hereby reappropriated for the same purpose in fiscal year 2005. The Department shall report all such appropriations to the Controlling Board.
Section 131.02. That existing Sections 11 and 11.04 of Am. Sub. H.B. 87 of the 125th General Assembly are hereby repealed.
Section 131.03. That Section 13.05 of Am. Sub. H.B. 87 of the 125th General Assembly be amended to read as follows:
Sec. 13.05. EMERGENCY MANAGEMENT
Federal Special Revenue Fund Group
3N5 |
763-644 |
|
U.S. DOE Agreement |
|
$ |
266,000 |
|
$ |
275,000 |
329 |
763-645 |
|
Individual/Family Grant - Fed |
|
$ |
303,504 |
|
$ |
303,504 |
337 |
763-609 |
|
Federal Disaster Relief |
|
$ |
5,000,000 |
|
$ |
3,000,000 |
|
|
|
|
|
|
23,000,000 |
|
|
|
339 |
763-647 |
|
Emergency Management Assistance and Training |
|
$ |
129,622,000 |
|
$ |
129,622,000 |
|
|
|
|
|
|
111,622,000 |
|
|
111,622,000 |
TOTAL FED Federal Special |
|
|
|
|
|
|
Revenue Fund Group |
|
$ |
135,191,504 |
|
$ |
133,200,504 |
|
|
|
|
|
|
115,200,504 |
General Services Fund Group
4V3 |
763-662 |
|
EMA Service and Reimbursement |
|
$ |
696,446 |
|
$ |
696,446 |
533 |
763-601 |
|
State Disaster Relief |
|
$ |
7,500,000 |
|
$ |
7,500,000 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
8,196,446 |
|
$ |
8,196,446 |
State Special Revenue Fund Group
657 |
763-652 |
|
Utility Radiological Safety |
|
$ |
1,200,000 |
|
$ |
1,260,000 |
681 |
763-653 |
|
SARA Title III HAZMAT Planning |
|
$ |
264,510 |
|
$ |
271,510 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
1,464,510 |
|
$ |
1,531,510 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Emergency Management |
|
$ |
144,852,460 |
|
$ |
142,928,460 |
|
|
|
|
|
|
124,928,460 |
SARA TITLE III HAZMAT PLANNING
The SARA Title III HAZMAT Planning Fund (Fund 681) shall
receive grant funds
from the Emergency Response Commission to
implement the Emergency Management
Agency's responsibilities under
Chapter 3750. of the Revised Code.
The foregoing appropriation item 763-601, State Disaster
Relief, may accept transfers of cash and appropriations from
Controlling Board appropriation items to reimburse eligible local
governments and private nonprofit organizations for costs related
to disasters that have been declared by local governments or the
Governor. The Ohio Emergency Management Agency shall publish and
make available an application packet outlining eligible items and
application procedures for entities requesting state disaster
relief.
Individuals may be eligible for reimbursement of costs
related to disasters that have been declared by the Governor and
the Small Business Administration. The funding in appropriation
item 763-601, State Disaster Relief, shall be used in accordance
with the principles of the federal Individual and Family Grant
Program, which provides grants to households that have been
affected by a disaster to replace basic living items. The Ohio
Emergency Management Agency shall publish and make available an
application procedure for individuals requesting assistance under
the state Individual Assistance Program.
EMA SERVICE AND REIMBURSEMENT FUND
On July 1, 2003, or as soon as possible thereafter, the Director of Budget and Management shall transfer the cash balances in the EMA Utility Payment Fund (Fund 4Y0) and the Salvage and Exchange-EMA Fund (Fund 4Y1) to the EMA Service and Reimbursement Fund (Fund 4V3), created in section 5502.39 of the Revised Code. Upon the completion of the transfer, notwithstanding any other provision of law to the contrary, the EMA Utility Payment Fund (Fund 4Y0) and the Salvage and Exchange-EMA Fund (Fund 4Y1) are abolished. The director shall cancel any existing encumbrances against appropriation items 763-654, EMA Utility Payment, and 763-655, Salvage and Exchange-EMA, and reestablish them against appropriation item 763-662, EMA Service and Reimbursement. The amounts of the reestablished encumbrances are hereby appropriated.
Section 131.04. That existing Section 13.05 of Am. Sub. H.B. 87 of the 125th General Assembly is hereby repealed.
Section 131.05. That Sections 1.09 and 35.03 of H.B. 675 of the 124th General Assembly be amended to read as follows:
Sec. 1.09. Sections 1.07 and 1.08 of this act H.B. 675 of the 124th General Assembly take effect
July January
1, 2003 2004.
Sec. 35.03. Section 5739.031 of the Revised Code takes effect July 1, 2003 January 1, 2004.
Section 131.06. That existing Sections 1.09 and 35.03 of H.B. 675 of the 124th General Assembly are hereby repealed.
Section 131.07. The amendment by this act of Sections 1.09 and 35.03 of H.B. 675 of the 124th General Assembly provides for or is essential to the 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 131E.
That Sections 18.03, 18.04, 19.39, and 19.52 of H.B. 675 of the 124th General Assembly be amended to read as follows:
Sec. 18.03. DMH DEPARTMENT OF MENTAL HEALTH
CAP-479 |
|
Community Assistance Projects |
|
$ |
3,912,500 3,662,500 |
CAP-906 |
|
Campus Consolidation/Automation |
|
$ |
12,040,000 |
CAP-978 |
|
Infrastructure Improvements |
|
$ |
3,460,000 |
Total Department of Mental Health |
|
$ |
19,412,500 19,162,500 |
COMMUNITY ASSISTANCE PROJECTS
Of the foregoing appropriation item CAP-479, Community
Assistance Projects, $500,000 shall be used for the Achievement
Centers for Children in Cuyahoga County $250,000 shall be used for the Berea Children's Home.
Sec. 18.04. DMR DEPARTMENT OF MENTAL RETARDATION AND
DEVELOPMENTAL DISABILITIES
STATEWIDE AND CENTRAL OFFICE PROJECTS
CAP-480 |
|
Community Assistance Projects |
|
$ |
9,441,000 9,691,000 |
CAP-955 |
|
Statewide Development Centers |
|
$ |
3,959,000 |
Total Statewide and Central Office Projects |
|
$ |
13,400,000 13,650,000 |
TOTAL Department of Mental Retardation and |
|
|
|
Developmental
Disabilities |
|
$ |
13,400,000 13,650,000 |
TOTAL MENTAL HEALTH FACILITIES IMPROVEMENT FUND |
|
$ |
33,079,012 |
COMMUNITY ASSISTANCE PROJECTS
The foregoing appropriation item CAP-480, Community
Assistance Projects, may be used to provide community assistance
funds for the development, purchase, construction, or renovation
of
facilities for day
programs or residential programs that
provide
services to persons
eligible for services from the
Department of
Mental Retardation
and Developmental Disabilities or
county boards
of mental
retardation and developmental
disabilities. Any funds
provided to
nonprofit
agencies for the
construction or renovation
of
facilities for
persons eligible
for
services from the
Department
of Mental
Retardation and
Developmental Disabilities
and county
boards of
mental
retardation
and developmental
disabilities shall
be
governed by
the prevailing
wage provisions
in section 176.05 of
the Revised
Code.
Of the foregoing appropriation item CAP-480, Community
Assistance
Projects, $150,000 shall be used for the Fostoria Area
Community
Childhood and Family Center; $250,000 shall be used for
the Berea Children's Home; and $1,000,000 shall be used for the
Bellefaire Jewish Children's Bureau; and $500,000 shall be used for the Achievement Centers for Children in Cuyahoga County.
Sec. 19.39. BTC BELMONT TECHNICAL COMMUNITY COLLEGE
CAP-008 |
|
Basic Renovations |
|
$ |
214,638 |
Total Belmont Technical Community College |
|
$ |
214,638 |
Sec. 19.52. The requirements of Chapters 123. and 153. of
the Revised Code,
with respect
to the powers and duties of the
Director of Administrative Services, and the
requirements of
section 127.16 of the Revised Code, with respect to the
Controlling Board, shall not apply to projects of community
college districts, which include Belmont Community College, Cuyahoga Community College,
Jefferson Community College, Lakeland Community College, Lorain
County Community College, Rio Grande Community College, and
Sinclair Community College; and technical college districts which
include Belmont Technical College, Central Ohio Technical College,
Hocking Technical College, Lima Technical College, Marion
Technical College, Muskingum Area Technical College, North Central
Technical College, and Stark Technical College.
Section 131F. That existing Sections 18.03, 18.04, 19.39, and 19.52 of H.B. 675 of the 124th General Assembly are hereby repealed.
Section 131G. That Section 3 of Am. Sub. S.B. 143 of the 124th General Assembly be amended to read as follows:
Sec. 3. Sections
5739.021, 5739.023, 5739.026, 5739.03,
5739.031,
5739.033, 5739.12, 5741.02, and 5741.12, and
division
(I)(7) of section 5741.01 of the Revised Code, as
amended
by this
act Am. Sub. S.B. 143 of the 124th General Assembly, and sections 306.73, 5703.65, 5739.04, 5739.06,
5741.05, and
5741.08 of the Revised Code, as enacted by this act Am. Sub. S.B. 143 of the 124th General Assembly,
shall take
effect July 1, 2003. Sections 5739.021, 5739.023, 5739.026, 5739.031, and 5739.033 of the Revised Code, as amended by Am. Sub. S.B. 143 of the 124th General Assembly, shall take effect January 1, 2004.
Section 131H. That existing Section 3 of Am. Sub. S.B. 143 of the 124th General Assembly is hereby repealed.
Section 131I. The amendment by this act of Section 3 of Am. Sub. S.B. 143 of the 124th General Assembly provides for or is essential to the 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 131J. The amendments to sections 5739.021, 5739.023, and 5739.026 of the Revised Code by Am. Sub. S.B. 143 of the 124th General Assembly apply to levies proposed by a resolution adopted on or after January 1, 2004, and do not apply to levies proposed by a resolution adopted before that date.
Section 131K. Sections 131G, 131H, 131I, and 131J of this act intend to delay the scheduled July 1, 2003, effective date of sections 5739.021, 5739.023, 5739.026, 5739.031, and 5739.033 of the Revised Code until January 1, 2004.
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 132.02A. That Section 24.43 of Am. Sub. H.B. 524 of the 124th General Assembly be amended to read as follows:
Sec. 24.43. BTC BELMONT TECHNICAL COMMUNITY COLLEGE
CAP-008 |
|
Basic Renovations |
|
$ |
653,372 |
CAP-014 |
|
Main Building Renovation - Phase 3 |
|
$ |
49,137 |
CAP-019 |
|
ADA Modifications |
|
$ |
45,915 |
Total Belmont Technical Community College |
|
$ |
748,424 |
Section 132.02B. That existing Section 24.43 of Am. Sub. H.B. 524 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 |
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 |
Nursing Facility Reimbursement Study Council |
|
5111.34 |
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 132.12A. Section 63.37 of Am. Sub. H.B. 94 of the 124th General Assembly, as amended by Am. Sub. H.B. 299 of the 124th General Assembly and Am. Sub. S.B. 261 of the 124th General Assembly, is hereby repealed.
Section 132.12B. That Section 2 of Am. Sub. H.B. 71 of the 120th General Assembly be amended to read as follows:
Sec. 2. Sections 1742.42, 3901.49, and 3901.50 of the Revised Code are hereby repealed, effective ten years after the effective date of this act February 9, 2014. The repeal of these sections shall apply only to contracts and policies that are delivered, issued for delivery, or renewed in this state on or after that date, and to plans of self-insurance that are established or modified in this state on or after that date.
Section 132.12C. That existing Section 2 of Am. Sub. H.B. 71 of the 120th General Assembly is hereby repealed.
Section 132.12D. That Section 6 of Am. Sub. S.B. 67 of the 122nd General Assembly be amended to read as follows:
Sec. 6. Section 1751.64 of the Revised Code is hereby
repealed, effective February 9, 2004 2014. The repeal of that
section shall apply only to contracts that are delivered, issued
for delivery, or renewed in this state on or after that date.
Section 132.12E. That existing Section 6 of Am. Sub. S.B. 67 of the 122nd 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 132.14B. Section 16 of Am. Sub. H.B. 87 of the 125th General Assembly is hereby repealed.
Section 132.14C. * (A) Section 3 of Am. Sub. S.B. 272 of the 123rd General Assembly, as amended by Am. Sub. H.B. 768 of the 123rd General Assembly, is hereby repealed.
(B) Notwithstanding the repeal of Section 3 of Am. Sub. S.B. 272 of the 123rd General Assembly, as subsequently amended, prescribed in division (A) of this section, a school district that is participating in the School Building Assistance Expedited Local Partnership Program under section 3318.36 of the Revised Code may apply as local resources under that program those expenditures described in Section 3 of Am. Sub. S.B. 272 of the 123rd General Assembly, as subsequently amended, if, and only if, all the following conditions are satisfied:
(1) The school district's project was conditionally approved by the Ohio School Facilities Commission and subsequently approved by the Controlling Board under division (D)(1) of section 3318.36 of the Revised Code not later than one hundred eighty days after the effective date of this section.
(2) The school district board of education and the Commission entered into an agreement under section 3318.36 of the Revised Code, not later than one hundred eighty days after the effective date of this section, for the district to acquire the discrete part of the project under the Expedited Local Partnership Program, as identified by the school district board under division (D)(1) of section 3318.36 of the Revised Code.
Section 132.16. That Section 11 of Am. Sub. S.B. 50 of the 121st General Assembly, as amended by Am. Sub. H.B. 405 of the 124th General Assembly, is hereby repealed.
Section 132.17. That Section 3 of Am. Sub. S.B. 238 of the 123rd General Assembly is hereby repealed. The intent of this repeal is to remove the limitation upon the continued existence of sections 4779.01 to 4779.13, 4779.15 to 4779.33, and 4779.99 of the Revised Code. This intent is not affected by the rule of statutory interpretation contained in section 1.57 of the Revised Code.
Section 132.18. That Section 72 of Am. Sub. H.B. 850 of the 122nd 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 per cent of the amount credited in July 2002; in July 2004, one hundred per cent of the amount credited in July 2003;
(2) In August 2003, one hundred per cent of the amount credited in August 2002; in August 2004, one hundred per cent of the amount credited in August 2003;
(3) In September 2003, one hundred per cent of the amount credited in September 2002; in September 2004, one hundred per cent of the amount credited in September 2003;
(4) In October 2003, one hundred per cent of the amount credited in October 2002; in October 2004, one hundred per cent of the amount credited in October 2003;
(5) In November 2003, one hundred per cent of the amount credited in November 2002; in November 2004, one hundred per cent of the amount credited in November 2003;
(6) In December 2003, one hundred per cent of the amount credited in December 2002; in December 2004, one hundred per cent of the amount credited in December 2003;
(7) In January 2004, one hundred per cent of the amount credited in January 2003; in January 2005, one hundred per cent of the amount credited in January 2004;
(8) In February 2004, one hundred per cent of the amount credited in February 2003; in February 2005, one hundred per cent of the amount credited in February 2004;
(9) In March 2004, one hundred per cent of the amount credited in March 2003; in March 2005, one hundred per cent of the amount credited in March 2004;
(10) In April 2004, one hundred per cent of the amount credited in April 2003; in April 2005, one hundred per cent of the amount credited in April 2004;
(11) In May 2004, one hundred per cent of the amount in division (C)(11)(a) of this section; in May 2005, one hundred 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 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 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 125th 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 136. * CAPITAL 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 disburse 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 Emergency School Repair Program codified in section 3318.35 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.
On April 1, 2004, or as soon as possible thereafter, the Director of Budget and Management shall transfer the unencumbered and unallotted balance in appropriation item CAP-777, Disability Access Projects, to appropriation item CAP-662, Public School Buildings. The amount transferred from CAP-777, Disability Access Projects, shall be used to fund classroom facilities projects in accordance with Chapter 3318. of the Revised Code.
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 137E. FEDERAL JOBS AND GROWTH TAX RELIEF RECONCILIATION ACT OF 2003
(A)The Director of Budget and Management shall allocate as follows any Medicaid moneys received under of the provision of the federal Jobs and Growth Tax Relief Reconciliation Act of 2003 that increases the federal medical assistance percentage for the third and fourth calendar quarters of federal fiscal year 2003 and the first, second, and third calendar quarters of federal fiscal year 2004:
(1) First, to the Department of Job and Family Services to provide Medicaid coverage to parents up to 100 per cent of the federal poverty guideline in accordance with section 5111.019 of the Revised Code. Any funds allocated to the Department of Job and Family Services for this purpose pursuant to this section are hereby appropriated.
(2) Then, any remainder shall be transferred to the Family Services Stabilization Fund created under section 131.41 of the Revised Code.
(B)The Director of Budget and Management shall transfer to the Budget Stabilization Fund (Fund 013) any moneys received under the provision of the federal Jobs and Growth Tax Relief Reconciliation Act of 2003 that provides temporary state fiscal relief in federal fiscal years 2003 and 2004 to (1) provide essential government services and (2) cover the costs to states of complying with federal intergovernmental mandates.
Section 137F. (A) In September of 2003, each school district that has been declared to be under an academic watch or in a state of academic emergency pursuant to section 3302.03 of the Revised Code shall administer a half-length practice version of each Ohio Graduation Test prescribed by division (B) of section 3301.0710 of the Revised Code to all ninth grade students enrolled in the district. Each district shall determine the dates, times, and method of administering the tests to students and shall score the tests.
(B) Each district declared to be in a state of academic emergency pursuant to section 3302.03 of the Revised Code shall determine for each high school in the district whether the school shall be required to provide intervention services in accordance with this division to any students who took the tests. In determining which high schools shall provide intervention services based upon available funding, the district shall consider each school's graduation rate and scores on the practice tests.
Each high school selected to provide intervention services under this division shall provide intervention services to students whose practice test results indicate that they are failing to make satisfactory progress toward being able to attain scores at the proficient level on the Ohio Graduation Tests. Intervention services shall be provided in any skill in which a student demonstrates unsatisfactory progress and shall be commensurate with the student's test performance. Schools shall provide the intervention services prior to the end of the school year, during the summer following the ninth grade, in the next succeeding school year, or at any combination of those times.
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 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 145.03. * 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;
(7) The Director of Health or the Director'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 145.03I. As used in this section, "qualified property" means real and tangible personal
property that satisfies the
qualifications for tax exemption under the terms of section 3313.44, 5709.07, 5709.08, 5709.10, 5709.12, 5709.121, or
5709.14 of the
Revised Code.
Notwithstanding section 5713.081 of the Revised Code, when qualified property
has not received tax exemption
due to a failure to comply with Chapter 5713. or section
5715.27 of
the
Revised Code, the owner of the property, at any time on or before twenty-four months
after the effective date of this section, may file with the Tax Commissioner
an application requesting that the property be placed on the tax exempt list
and that all unpaid taxes, penalties, and interest on the property be abated.
The application shall be made on the form prescribed by the Tax Commissioner
under section 5715.27 of the Revised Code and shall list the name of the
county in which the property is located; the property's legal description; its
taxable value; the amount in dollars of the unpaid taxes, penalties, and
interest; the date of acquisition of title to the property; the use of the
property during any time that the unpaid taxes accrued; and any other
information required by the Tax Commissioner. The county auditor shall supply the
required information upon request of the applicant.
Upon request of the applicant, the county treasurer shall
determine if all taxes, penalties, and interest that became a
lien on the qualified property before it first was used for an exempt
purpose and all special assessments charged against the property
have been paid in full. If so, the county treasurer shall issue
a certificate to the applicant stating that all such taxes,
penalties, interest, and assessments have been paid in full.
Prior to filing the application with the Tax Commissioner, the
applicant shall attach the county treasurer's certificate to it.
The Tax Commissioner shall not consider an application filed under this
section unless such a certificate is attached to it.
Upon receipt of the application and after consideration of it, the Tax
Commissioner shall determine if the applicant meets the qualifications set
forth in this section, and if so shall issue an order directing that the
property be placed on the tax exempt list of the county and that all unpaid
taxes, penalties, and interest for every year the property met the
qualifications for exemption described in section 3313.44, 5709.07, 5709.08, 5709.10, 5709.12, 5709.121, or 5709.14 of the
Revised Code
be abated. If the Tax Commissioner finds that the property is not now being so
used or is being used for a purpose that would foreclose its right to tax
exemption, the Tax Commissioner shall issue an order denying the application.
If the Tax Commissioner finds that the property is not entitled to tax
exemption and to the abatement of unpaid taxes, penalties, and interest for
any of the years for which the owner claims an exemption or abatement, the Tax Commissioner shall order the county treasurer of the county in which the property
is located to collect all taxes, penalties, and interest due on the property
for those years in accordance with law.
The Tax Commissioner may apply this section to any qualified property that is
the subject of an application for exemption pending before the Tax Commissioner on
the effective date of this section, without requiring the property owner to
file an additional application. The Tax Commissioner also may apply this
section to any qualified property that is the subject of an application for
exemption filed on or after the effective date of this section and on or
before twelve months after that effective date, even though the application does
not expressly request abatement of unpaid taxes.
Section 145.03J. (A) The amendment, repeal and reenactment, or enactment by this act of sections 718.01, 718.02, 718.03, 718.05, 718.051, and 718.121 of the Revised Code apply to taxable years beginning on or after January 1, 2004.
(B) The amendment by this act of sections 718.11, 5717.011, and 5717.03 of the Revised Code apply to matters relating to taxable years beginning on or after January 1, 2004.
(C) The credit allowed by section 718.021 of the Revised Code applies to qualifying losses sustained in taxable years beginning on or after January 1, 2004.
Section 145.03K. Not later than thirty days after the effective date of this section, the Governor, with the advice and consent of the Senate, shall make initial appointments to the Ohio Business Gateway Steering Committee created in section 5703.56 of the Revised Code. Terms of office shall be as prescribed in section 5703.56 of the Revised Code.
Section 145.03N. (A) The amendment by this act of sections 165.09, 902.11, 4981.20, 5703.052, 5739.01, 5739.011, 5739.012, 5739.02, 5739.025, 5739.03, 5739.032, 5739.033 (in Section 1 of this act), 5739.12, 5739.121, 5739.122, 5739.17, 5739.21, 5741.01, 5741.02, and 5741.121 of the Revised Code apply on and after July 1, 2003.
(B) The amendment by this act of sections 5739.021, 5739.022, 5739.023, and 5739.026 of the Revised Code apply on and after January 1, 2004.
(C) The amendment by this act of sections 5739.10, 5741.021, 5741.741.023 of the Revised Code apply on and after January 1, 2006.
(D) The repeal and re-enactment by this act of section 5739.034 of the Revised Code applies on and after July 1, 2003.
Section 145.03O. Sections 107.32 and 107.33 of the Revised Code shall apply to all state institutional facilities, as defined in section 107.32 of the Revised Code, that were in operation on or after January 1, 2003.
Section 145.03R. The Legislative Office of Education Oversight shall conduct a review of partnership agreements between a Head Start provider and a provider of child care or day care services. In conducting this review, the Office shall analyze the following:
(A) The impact on literacy-readiness for children receiving services as a result of such agreements;
(B) The costs and benefits of such agreements to both participant children and the providers who are parties to the agreements. In analyzing the costs and benefits of such agreements, the Office shall examine the financial costs and benefits to providers who are parties to the agreements and to families of participant children. Additionally, the Office shall examine intangible costs and benefits to participant children, such as intellectual, emotional, and physical benefits or detriments caused by service under such agreements.
(C) The operation of the agreements. In analyzing the operation of the agreements, the Office shall review how the agreements work, how well the agreements work, what components are included in the agreements, and whether the agreements are unique to the providers who are parties to the agreements or standardized across the state or within a local region.
(D) Whether there is an administrative entity, such as a county department of job and family services, that oversees the implementation of a particular agreement. If there is such an entity that oversees an agreement, the Office shall examine the degree to which oversight is performed and what overhead costs the administrative entity incurs in overseeing such agreements.
The Office shall submit the final results of this study to the General Assembly not later than December 31, 2004.
Section 145.03T. (A) Within one hundred twenty days after the effective date of this section, the Director of Agriculture, the Director of Rehabilitation and Correction, and the Director of Youth Services shall develop a plan to optimize the quantity and use of food grown and harvested in state correctional institutions or secure facilities operated by the Department of Youth Services in the most cost-effective manner. The plan shall include methods to increase production at farms operated by either department and shall include methods to ensure that the highest possible percentage of food consumed at state correctional institutions and secure facilities operated by the Department of Youth Services is food grown and harvested at a state correctional institution or secure facility operated by the Department of Youth Services.
(B) The plan shall consider possible amendments to the Revised Code, amendments to the Administrative Code, administrative changes, financial strategies, strategies to obtain a reliable workforce, and any other means to optimize the quantity and use of food of that nature in state correctional institutions and secure facilities operated by the Department of Youth Services.
The plan and its findings, conclusions, and any recommendations and proposed legislation shall be submitted to the Speaker of the House of Representatives, the President of the Senate, the Governor, the Director of Rehabilitation and Correction, and the Director of Youth Services.
(C) As used in this section, "state correctional institution" has the same meaning as in section 2967.01 of the Revised Code.
Section 145.03BB. The State Racing Commission shall conduct a performance study of the Commission based upon its current level of full-time employees. The Commission, not later than January 1, 2004, shall make recommendations to the Governor and the General Assembly regarding possible staff reductions and ways to improve the efficiency of the Commission's operations.
Section 145.03CC. For any metropolitan housing authority that is in
existence when division (D) of section 3735.27 of the Revised
Code, as amended by this act, takes effect, and to which that
division applies, the board of county commissioners shall appoint
a member to fill the next vacancy that occurs due to the
expiration of the term of a member appointed by the chief
executive officer of the most populous city in the metropolitan
housing authority district. Thereafter, any vacancy in that
position shall be filled by an appointee of the board of county
commissioners and all other vacancies shall be filled in the
manner provided for the original appointments.
Section 145.03DD. The amendment by this act of section 5747.02 of the Revised Code applies to taxable years ending on or after the effective date of this section.
Section 145.03EE. (A) If a court finds that any provisions within sections 1346.04 to 1346.10 of the Revised Code conflict and cannot be harmonized with those within sections 1346.01 to 1346.03 of the Revised Code, provisions of sections 1346.01 to 1346.03 of the Revised Code shall control.
(B) If any provision within sections 1346.04 to 1346.10 of the Revised Code causes sections 1346.01 to 1346.03 of the Revised Code to no longer constitute a qualifying or model statute, as those terms are defined in the Master Settlement Agreement entered into on November 23, 1998, by the state and leading United States tobacco product manufacturers, the provision in question shall be invalid. If any part of sections 1346.04 to 1346.10 of the Revised Code is for any reason held to be invalid, unlawful, or unconstitutional, the remaining portions of those sections shall remain valid.
Section 145.03FF. The first report of stamping agents required by division (A) of section 1346.07 of the Revised Code shall be due on the last day of the month following the month in which this act becomes effective. The first certifications of a tobacco product manufacturer under division (A) of section 1346.05 of the Revised Code shall be due forty-five days after the effective date of this act. The directory established in division (B) of section 1346.05 of the Revised Code shall be published within ninety days after the effective date of this act.
Section 145.03GG. (A) For the purposes of section 321.24, as amended by this act, and of section 5703.80 of the Revised Code, as enacted by this act, the Tax Commissioner may determine the property tax administrative fee for fiscal year 2004 at any time after the day this act becomes law. One-half of the amount of the fee for that year may be deducted from each of the payments made in the fiscal year under division (F) of section 321.24 of the Revised Code, or the full amount of the fee for the year may be deducted from the second of those payments made in the fiscal year. The Director of Budget and Management may transfer the fee from the General Revenue Fund to the Property Tax Administration Fund created under section 5703.80 of the Revised Code, as enacted by this act, for fiscal year 2004 in three equal payments on November 1, 2003, February 1, 2004, and May 1, 2004.
(B) Within thirty days after the Tax Commissioner determines the property tax administrative fee for fiscal year 2004 under division (A) of this section, the Tax Commissioner shall notify the Department of Education of the amount by which each school district's reimbursement made under division (F) of section 321.24 of the Revised Code, as amended by this act, is to be reduced for the Property Tax Administration Fund.
Section 145.03HH. (A) As used in this section, "housing officer" has the same meaning as in section 3735.65 of the Revised Code.
(B) Any complaint filed with the tax commissioner on or after the effective date of this section challenging the continued exemption of property granted an exemption by a housing officer under section 3735.67 of the Revised Code shall be certified by the tax commissioner to the housing officer. The housing officer shall proceed to hear and determine such complaint in accordance with division (E) of section 3735.67 of the Revised Code. The commissioner may hear and determine any such complaint filed with the commissioner before the effective date of this section or may certify such complaint to the housing officer for hearing and determination.
(C) The filing date of any complaint certified to a housing officer under this section shall be considered to be the date on which the complaint was filed with the tax commissioner.
Section 145.03II. Notwithstanding the date by which determinations must be made under divisions (D), (G), and (H) of section 5727.84 of the Revised Code, the Tax Commissioner, as soon as is practicable after the effective date of that section as amended by this act, shall redetermine electric company tax value loss, fixed-rate levy loss, and fixed-sum levy loss for taxing districts described in division (D)(3) of that section on the basis of such amendments, and make the certification required by divisions (J) and (K) of that section. On or before July 31, 2003, or as soon as is practicable after the effective date of section 5727.84 of the Revised Code as amended by this act, the Department of Education shall make the computations required under section 5727.85 of the Revised Code on the basis of such redeterminations. Such redeterminations and computations apply for the purpose of computing payments made to taxing districts under sections 5727.85 and 5727.86 of the Revised Code during state fiscal year 2004 and subsequent fiscal years, as otherwise provided in those sections.
Section 145.03JJ. The amendment by this act of section 5733.06 of the Revised Code applies to tax year 2004 and to each tax year thereafter.
Section 145.03KK. (A)(1) There is hereby created the Legislative Audit Commission Study Committee, to be composed of four members. The committee shall study how other states provide for a legislative auditing function within their respective legislative branches of government and shall make recommendations on how Ohio should address the legislative auditing function and on the funding levels necessary to accomplish the objectives recommended. The President of the Senate shall appoint to the committee two members of the Senate, each of whom shall be a member of a different political party. The Speaker of the House of Representatives shall appoint to the committee two members of the House of Representatives, each of whom shall be a member of a different political party.
(2) All vacancies in the membership of the committee shall be filled in the same manner prescribed for original appointments to the committee.
(3) The members of the committee shall serve without compensation, but shall be reimbursed for their actual and necessary expenses incurred in the performance of their official duties.
(B) The members of the Legislative Audit Commission Study Committee shall select a chairperson from among the appointed members.
(C) The Legislative Service Commission shall provide necessary support to the Legislative Audit Commission Study Committee.
(D) The Legislative Audit Commission Study Committee shall publish its findings and recommendations in a report to the Governor, the Speaker and the Minority Leader of the House of Representatives, and the President and Minority Leader of the Senate not later than December 31, 2003. Upon submission of the report, the committee shall cease to exist.
Section 145.03LL. If the amendments made by this act to division (B)(2)(b) of section 1346.02 of the Revised Code are found unconstitutional or otherwise held invalid by a court of competent jurisdiction, then to the extent that a tobacco product manufacturer establishes that the amount it was required to place into escrow in a particular year was greater than the state's allocable share of the total payments that such manufacturer would have been required to make in that year under the Master Settlement Agreement (as determined pursuant to section IX(i)(2) of the Master Settlement Agreement, and before any of the adjustments or offsets described in section IX(i)(3) of that Agreement other than the inflation adjustment) had it been a participating manufacturer, the excess shall be released from escrow and revert back to such tobacco product manufacturer.
The consequent of the preceding paragraph effectively reinstates division (B)(2)(b) of section 1346.02 of the Revised Code as it existed prior to its amendment by this act.
Section 145.03MM. The amendment by this act to division (H) of section 718.01 and to section 718.14 of the Revised Code apply to taxable years beginning on or after January 1, 2003.
Section 145.03NN. There is hereby created the Aboveground Petroleum Storage Tank Study Committee. The Committee shall be comprised of the State Fire Marshal, and the Superintendent of Industrial Compliance, a member of the House of Representatives appointed by the Speaker of the House of Representatives, a member of the Senate appointed by the President of the Senate, and twelve members appointed by the Governor. The legislative members shall be from different political parties. The Speaker of the House of Representatives, the President of the Senate, and the Governor shall make these appointments within sixty days after the effective date of this section.
Of the appointments made by the Governor, two shall be representatives of petroleum refiners, two shall be representatives of petroleum marketers, one shall represent municipal corporations, one shall represent counties, one shall represent townships, one shall represent agricultural interests, one shall represent the highway construction industry, one shall represent the trucking industry, one shall represent the Fire Service Alliance and one shall represent the public.
The Committee shall determine and recommend whether aboveground petroleum storage tanks that are not regulated by the Superintendent of Industrial Compliance should be registered, and if they are to be registered, the annual fee for registration, and any other regulation needed to insure the safety of such tanks and the vicinities in which the tanks are located.
The Committee shall make its recommendations to the Governor, the Speaker of the House of Representatives, and the President of the Senate not later than December 31, 2004.
Section 145.03OO. The Governor shall appoint the new members added to the Board of Building and Fire Standards pursuant to section 3781.07 of the Revised Code as amended by this act and the new members added to the Board of Building Appeals pursuant to section 3781.19 of the Revised Code as amended by this act on or before ninety days after October 1, 2003. The initial term of the new members shall be until October 13, 2007, and terms thereafter shall be for four years.
Section 145.03PP. The state fire code adopted by the State Fire Marshal as it exists on the effective date of this section remains effective until the State Board of Building and Fire Standards adopts changes to the state fire code pursuant to sections 3737.82 and 3737.83 of the Revised Code as amended by this act.
Section 145.03QQ. The legislative authority of a county with a population of six hundred thousand or more may create local funding options for construction of a convention center and related facilities.
Section 146.01. Except as otherwise specifically provided in this act, the codified sections of law amended or enacted in this act, and the items of law of which the codified sections of law amended or enacted in this act are composed, are subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1c and section 1.471 of the Revised Code, the codified sections of law amended or enacted by this act, and the items of law of which the codified sections of law as amended or enacted by this act are composed, take effect on the ninety-first day after this act is filed with the Secretary of State. If, however, a referendum petition is filed against any such codified section of law as amended or enacted by this act, or against any item of law of which any such codified section of law as amended or enacted by this act is composed, the codified section of law as amended or enacted, or item of law, unless rejected at the referendum, takes effect at the earliest time permitted by law.
Section 146.02. Except as otherwise specifically provided in this act, the repeal by this act of a codified section of law is subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1c and section 1.471 of the Revised Code, the repeal by this act of a codified section of law takes effect on the ninety-first day after this act is filed with the Secretary of State. If, however, a referendum petition is filed against any such repeal, the repeal, unless rejected at the referendum, takes effect at the earliest time permitted by law.
Section 146.03. The repeal by this act of sections 122.12, 1553.01, 1553.02, 1553.03, 1553.04, 1553.05, 1553.06, 1553.07, 1553.08, 1553.09, 1553.10, 1553.99, 3318.35, 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. (A) Sections 117.45, 121.04, 122.658, 124.03, 124.15, 124.152, 124.181, 124.183, 126.11, 127.16, 131.23, 173.08, 173.54, 323.01, 329.03, 329.04, 329.051, 340.021, 340.03, 901.21, 901.63, 901.85, 1501.04, 2101.16, 2151.3529, 2151.3530, 2305.234 (in Section 1), 2329.66, 2715.041, 2715.045, 2716.13, 2921.13, 3111.04, 3119.01, 3123.952, 3311.05, 3311.059, 3313.381, 3313.976, 3313.978, 3313.979, 3314.033, 3314.083, 3316.031, 3316.08, 3317.012, 3317.013, 3317.014, 3317.022, 3317.023, 3317.024, 3317.029, 3317.0217, 3317.03, 3317.032, 3317.05, 3317.064, 3317.07, 3317.10, 3317.16, 3318.37, 3323.16, 3332.04 (in Section 1), 3517.092, 3701.02, 3701.021, 3701.022, 3701.029, 3701.141, 3701.145 (3701.0210), 3702.31, 3702.63, 3702.68, 3702.74, 3705.24, 3709.09, 3711.021, 3721.02, 3721.19, 3721.51, 3721.56, 3721.561, 3733.43, 3733.45, 3734.28, 3734.57, 3745.40, 3748.07, 3748.13, 3769.087, 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, 4117.14, 4123.27, 4141.09, 4501.06, 4723.06, 4723.08, 4723.082, 4723.17, 4729.01, 4729.41, 4731.65, 4731.71, 4736.12, 4747.05, 4747.06, 4747.07, 4747.10, 4755.03, 4755.031, 4771.22, 4903.24, 4905.91, 4919.79, 5101.11, 5101.14, 5101.141, 5101.142, 5101.144, 5101.145, 5101.146, 5101.1410, 5101.16, 5101.18, 5101.181, 5101.36, 5101.58, 5101.59, 5101.75, 5101.80, 5103.155, 5104.04, 5104.30, 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), 5111.161, 5111.17, 5111.171, 5111.172, 5111.174, 5111.175, 5111.20, 5111.206, 5111.21, 5111.22, 5111.222, 5111.25, 5111.251, 5111.252 (5123.199), 5111.262, 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, 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, 5123.198, 5123.1910, 5123.38, 5126.01, 5126.042, 5126.12, 5153.78, 5502.13, 5709.64, 5735.05, 5735.053, 5735.23, 5735.26, 5735.291, 5735.30, and 6109.21 of the Revised Code as amended, enacted, or renumbered 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, enacted, or renumbered 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) Sections 3313.481, 3317.11, and 5111.173 of the Revised Code as repealed and reenacted by this act, and the items of law of which it is composed, is not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, the section as repealed and reenacted by this act goes into immediate effect when this act becomes law.
(C) The amendment of sections 2915.01, 2915.02, 2915.08, 2915.09, 2915.091, 2915.092, 2915.093, 2915.10, 2915.101, and 2915.13 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 1, 2003.
(D) The amendments of sections 4503.101 and 4503.103 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 June 30, 2003.
Section 146.06. (A) The amendment, enactment, or repeal and reenactment by this act of sections 109.71, 122.17, 122.171, 122.71, 321.24, 323.13, 715.013, 718.01, 718.02, 718.021, 718.03, 718.05, 718.051, 718.11, 718.121, 718.14, 718.15, 718.151, 2923.35, 2925.44, 2933.43, 2935.01, 3735.67, 3735.671, 4141.201, 5703.56, 5703.57, 5703.58, 5703.80, 5709.20, 5709.201, 5709.21, 5709.211, 5709.212, 5709.22, 5709.23, 5709.24, 5709.25, 5709.26, 5709.27, 5711.02, 5711.13, 5711.18, 5711.22, 5711.27, 5711.33, 5713.07, 5713.08, 5713.081, 5713.082, 5715.27, 5715.39, 5717.011, 5717.03, 5727.111, 5727.30, 5727.84, 5728.04, 5728.06, 5728.99, 5733.04, 5733.05, 5733.051, 5733.056, 5733.0511, 5733.059, 5733.06, 5733.0611, 5733.09, 5733.45, 5733.55, 5733.56, 5733.57, 5733.98, 5735.14, 5735.15, 5735.19, 5735.99, 5743.45 (in Section 1 of this act), 5745.01, 5745.02, 5745.04, 5747.02, 5747.026, 5747.31, and 6111.06 of the Revised Code provides for or is essential to implementation of a tax levy. Therefore, under Ohio Constitution, Article II, Section 1d, the amendments, enactments, or repeals and reenactments and the items of which they are composed, are not subject to the referendum and go into immediate effect when this act becomes law.
(B) The amendment or enactment by this act of sections 165.09, 902.11, 4981.20, 5703.052, 5739.01, 5739.011, 5739.012, 5739.02, 5739.025, 5739.03, 5739.032, 5739.033 (in Section 1 of this act), 5739.12, 5739.121, 5739.122, 5739.17, 5739.21, 5739.33, 5741.01, 5741.02, 5741.121, and 5741.25 of the Revised Code provides for or is essential to implementation of a tax levy. Therefore, under Ohio Constitution, Article II, Section 1d, the amendments, and the items of which they are composed, are not subject to the referendum and go into immediate effect when this act becomes law.
(C) The amendment by this act of sections 5739.021, 5739.022, 5739.023, and 5739.026 of the Revised Code provides for or is essential to implementation of a tax levy. Therefore, under Ohio Constitution, Article II, Section 1d, the amendments, and the items of which they are composed, are not subject to the referendum and go into effect January 1, 2004.
(D) The amendment by this act of sections 5739.10, 5741.021, 5741.022, and 5741.023 of the Revised Code provides for or is essential to implementation of a tax levy. Therefore, under Ohio Constitution, Article II, Section 1d, the amendments, and the items of which they are composed, are not subject to the referendum and, except as provided in this section, go into effect January 1, 2006.
(E) The repeal and re-enactment by this act of section 5739.034 of the Revised Code provides for or is essential to implementation of a tax levy. Therefore, under Ohio Constitution, Article II, Section 1d, the repeal and re-enactment, and the items of which they are composed, are not subject to the referendum and go into effect July 1, 2003.
(F) The repeal by this act of sections 5735.33, 5739.35, 5741.24, 5743.46, and 5747.60 of the Revised Code provides for or is essential to implementation of a tax levy. Therefore, under Ohio Constitution, Article II, Section 1d, the repeals, and the items of which they are composed, are not subject to the referendum and go into immediate effect when this act becomes law.
(G) The amendment by this act of section 5735.142 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 effect on June 30, 2003.
Section 146.06A. The repeal by this act of sections 319.311, 5733.111, 5741.011, and 5747.131 of the Revised Code provides for or is essential to implementation of a tax levy. Therefore, under Ohio Constitution, Article II, Section 1d, the repeals, and the items of which they are composed, are not subject to the referendum and go into immediate effect when this act becomes law.
Section 146.06B. The repeal by this act of sections 5709.231, 5709.30, 5709.31, 5709.32, 5709.33, 5709.34, 5709.35, 5709.36, 5709.37, 5709.45, 5709.46, 5709.47, 5709.48, 5709.49, 5709.50, 5709.51, 5709.52, 6111.31, 6111.311, 6111.32, 6111.34, 6111.35, 6111.36, 6111.37, 6111.38, and 6111.39 of the Revised Code provides for or is essential to implementation of a tax levy. Therefore, under Ohio Constitution, Article II, Section 1d, the repeals, and the items of which they are composed, are not subject to the referendum and go into immediate effect when this act becomes law.
Section 146.07. (A)
The amendment by this act of sections 4905.79, 4931.45, 4931.47, 4931.48, 5727.32, and 5727.33 of the Revised Code provides for or is essential to implementation of a tax levy. Therefore, under Ohio Constitution, Article II, Section 1d, the amendments, and the items of which they are composed, are not subject to the referendum and go into effect December 31, 2004.
(B) The repeal by this act of sections 5727.39 and 5727.44 of the Revised Code provide for or is essential to implementation of a tax levy. Therefore, under Ohio Constitution, Article II, Section 1d, the repeals, and the items of which they are composed, are not subject to the referendum and go into effect December 31, 2004.
Section 146.07A. Section 3301.31 of the Revised Code, as repealed and reenacted by this act, and the items of law of which the section as repealed and reenacted by this act is composed, is not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, the section as repealed and reenacted is entitled to go into immediate effect when this act becomes law. However, that section as repealed and reenacted by this act, and the items of law of which that section as repealed and reenacted by this act are composed, takes effect July 1, 2004, or the day this act becomes law, whichever is later.
Section 146.07B. New section 3301.33 and sections 3301.34, 3301.35, 3301.36, and 3301.38, as enacted by this act, and section 3301.33 (3301.40) of the Revised Code as renumbered by this act, and the items of law of which those sections as enacted or renumbered 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, the sections as enacted or renumbered are entitled to go into immediate effect when this act becomes law. However, those sections as enacted or renumbered by this act, and the items of law of which those sections as enacted or renumbered by this act are composed, take effect July 1, 2004, or the day this act becomes law, whichever is later.
Section 146.07C. Sections 3301.37, 3301.52, 3301.53, 3301.54, 3301.55, 3307.57, and 3301.58 of the Revised Code, as amended or enacted by this act, are not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code the sections as amended or enacted by this act, and the items of law of which the sections as amended or enacted by this act are composed, are entitled to go into immediate effect when this act becomes law. However, the sections as amended or enacted by this act, and the items of law of which the sections as amended or enacted by this act are composed, take effect September 1, 2003, or the day this act becomes law, whichever is later.
Section 146.07D. The repeal by this act of section 3301.581 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 September 1, 2003, or the day this act becomes law, whichever is later.
Section 146.12. 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 146.12A. * (A) Except as otherwise provided in division (B) of this section, sections 121.08, 3701.82, 3737.01, 3737.02, 3737.03, 3737.21, 3737.22, 3737.65, 3737.71, 3737.81, 3737.82, 3737.83, 3737.84, 3737.85, 3737.86, 3737.88, 3737.881, 3737.882, 3737.883, 3737.89, 3737.91, 3737.92, 3737.98, 3741.14, 3743.57, 3743.75, 3746.02, 3781.07, and 3901.86 of the Revised Code as amended by this act, and sections 3741.15, 3781.071, 3781.072, and 3781.22 of the Revised Code as enacted by this act, shall take effect October 1, 2003.
(B) The amendment of section 121.08 of the Revised Code removing a reference to the state fire marshal takes effect at the earliest time permitted by law.
Section 146.13. (A) Except as otherwise provided in division (B) of this section, the amendments by this act to section 3745.11 of the Revised Code are not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, the amendments, and the items of law they contain, go into immediate effect when this act becomes law.
(B)(1) The amendments by this act of division (P) of section 3745.11 of the Revised Code provides for or is essential to implementation of a tax levy. Therefore, under Ohio Constitution, Article II, Section 1d, the amendments, and the items of which they are composed, are not subject to the referendum and go into immediate effect when this act becomes law.
(2) The seventh and last paragraph added to division (S)(1) of section 3745.11 of the Revised Code by this act is subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1c and section 1.471 of the Revised Code, the paragraph takes effect on the ninety-first day after this act is filed with the Secretary of State. If, however, a referendum petition is filed against the paragraph, or against any item of law it contains, the paragraph or item, unless rejected at the referendum, takes effect at the earliest time permitted by law.
Section 146.14. The amendment by this act of the version of section 4511.75 of the Revised Code that is scheduled to take effect January 1, 2004, and the items of law of which that amendment is composed, 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 1, 2004.
Section 146.15. (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 146.15A. (A) The amendments by this act to section 5104.01 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, except as provided in division (B) of this section.
(B) The amendments by this act to division (T) of section 5104.01 of the Revised Code shall take effect on July 1, 2004.
Section 146.15B. Section 5104.02 of the Revised Code, as amended by this act, and the items of law of which the section as amended by this act 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 the section as amended by this act is composed, are entitled to go into immediate effect when this act becomes law. However, the section as amended by this act, and the items of law of which the section as amended by this act are composed, take effect September 1, 2003, or the day this act becomes law, whichever is later.
Section 146.15C. (A) The amendments by this act to section 5104.32 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, except as provided in division (B) of this section.
(B) The amendments by this act to division (B)(4) of section 5104.32 of the Revised Code shall take effect on September 1, 2003.
Section 146.16. (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 146.17. 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 146.17A. * Section 9.24 of the Revised Code, as enacted by this act, shall take effect January 1, 2004.
Section 146.20. * Section 102.02 of the Revised Code, as amended by this act, shall take effect January 1, 2004.
Section 146.21. * Section 4759.08 of the Revised Code, as amended by this act, shall take effect July 1, 2004.
Section 146.22. * 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 146.23. * Sections 5103.154 and 5153.163 of the Revised Code as amended by this act take effect July 1, 2004.
Section 146.25. 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 146.26. 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 146.28. 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 72 of Am. Sub. H.B. 850 of the 122nd General Assembly;
(C) Section 129 of Am. Sub. H.B. 283 of the 123rd General Assembly;
(D) Section 63.37 of Am. Sub. H.B. 94 of the 124th General Assembly;
(E) Section 16 of Am. Sub. H.B. 87 of the 125th General Assembly.
Section 146.29. 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 148.01A. Section 109.71 of the Revised Code is presented
in this act
as a composite of the section as amended by both
Sub. H.B. 545 and H.B. 675 of the 124th General Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composite is the resulting
version of the section in effect prior to the effective date of
the section as presented in this act.
Section 148.02. 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 148.02A. Section 122.171 of the Revised Code is presented in
this act as a composite of the section as amended by both H.B. 675 and Am. Sub. S.B. 180 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 148.02B. Section 124.15 of the Revised Code is presented
in this act
as a composite of the section as amended by both
Am.
Sub. H.B. 640 and Sub. S.B. 245 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 148.02C. The version of section 2152.19 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. 400 and Am. Sub. H.B. 490 of
the 124th General Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composite is the resulting
version of the section in effect prior to the effective date of
the section as presented in this act.
Section 148.03. * 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 148.04. 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 148.04A. Section 2917.41 of the Revised Code is presented
in this act
as a composite of the section as amended by both
Am.
H.B. 61 and Am. Sub. S.B. 2 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 148.04B. Section 2935.01 of the Revised Code is presented in
this act as a composite of the section as amended by both Sub. H.B. 545 and H.B. 675 of
the 124th General Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composite is the resulting
version of the section in effect prior to the effective date of
the section as presented in this act.
Section 148.06. 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 148.07. 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 148.08. 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 148.08A. 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 148.08B. Section 4723.07 of the Revised Code is
presented in
this act as a composite of the section as amended by
both Sub. H.B. 511 and Am. Sub. S.B. 180 of
the 123rd General
Assembly. The General Assembly, applying the
principle stated in
division (B) of section 1.52 of the Revised
Code that amendments
are to be harmonized if reasonably capable of
simultaneous
operation, finds that the composite is the resulting
version of
the section in effect prior to the effective date of
the section
as presented in this act.
Section 148.11. * 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 148.12. 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 148.13. 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 148.14. * 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 148.15. * 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 148.16. Section 5733.04 of the Revised Code is presented in
this act as a composite of the section as amended by both Sub. S.B. 200 and Am. Sub. S.B. 261 of
the 124th General Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composite is the resulting
version of the section in effect prior to the effective date of
the section as presented in this act.
Section 148.17. 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 148.18. Section 5735.23 of the Revised Code is presented
in this act
as a composite of the section as amended by both
H.B.
612 and Am. Sub. H.B. 640 of the 123rd General Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composite is the resulting
version of the section in effect prior to the effective date of
the section as presented in this act.
Section 148.19. Section 5739.01 of the Revised Code was
amended by Am. Sub. H.B. 524, Am. Sub. S.B. 143, and Sub. S.B. 200, all of
the 124th General Assembly. Comparison of these amendments
in pursuance of section 1.52 of the Revised Code discloses that
while certain of the amendments of these acts are reconcilable,
certain other of the amendments are substantively irreconcilable.
Am. Sub. H.B. 524 was passed on March 21, 2002;
Am. Sub. S.B. 143 was passed on January 30, 2002; Sub. S.B. 200 was passed on March 13, 2002. Section
5739.01 of the Revised Code is therefore presented in this act
as it results from Am. Sub. H.B. 524 and Sub. S.B. 200 and such of the amendments
of Am. Sub. S.B. 143 as are not in conflict with the amendments
of Sub. S.B. 200. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composite is the resulting
version of the section in effect prior to the effective date of
the section as presented in this act.
Section 148.19A. Section 5741.01 of the Revised Code is
presented in
this act as a composite of the section as amended by
Am. Sub. H.B. 524, Am. Sub. S.B. 143, and Sub. S.B. 200, all
of
the 124th General
Assembly. The General Assembly, applying the
principle stated in
division (B) of section 1.52 of the Revised
Code that amendments
are to be harmonized if reasonably capable of
simultaneous
operation, finds that the composite is the resulting
version of
the section in effect prior to the effective date of
the section
as presented in this act.
Section 148.19B. Section 5743.45 of the Revised Code is presented Section 1 of
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 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.