Senators Carey, Harris, Spada
A BILL
To amend sections 9.41, 9.901, 101.543, 107.40, 109.57, 109.572, 113.09, 113.11, 113.12, 117.45, 117.46, 117.47, 117.48, 120.36, 120.52, 120.521, 120.53, 121.37, 122.17, 122.171, 122.72, 122.73, 122.74, 122.90, 124.09, 124.11, 124.134, 124.135, 124.137, 124.138, 124.139, 124.14, 124.151, 124.152, 124.18, 124.181, 124.182, 124.321, 124.324, 124.327, 124.382, 124.384, 124.386, 124.387, 124.389, 124.391, 124.82, 124.821, 124.823, 124.84, 124.87, 125.21, 126.07, 126.21, 126.22, 131.01, 131.02, 131.33, 133.01, 133.04, 133.06, 133.12, 133.18, 141.08, 141.10, 145.70, 173.14, 173.39, 173.391, 173.41, 184.20, 319.301, 340.021, 742.57, 901.23, 927.39, 927.40, 927.41, 927.42, 955.011, 955.16, 955.43, 1309.102, 1309.520, 1309.521, 1317.07, 1321.02, 1333.11, 1333.82, 1523.02, 1901.31, 1901.311, 1901.32, 1901.33, 2151.357, 2152.44, 2305.2341, 2503.20, 2913.01, 2913.02, 2921.321, 2923.46, 2925.44, 2933.43, 3109.14, 3301.0714, 3302.021, 3307.32, 3309.68, 3310.03, 3310.06, 3310.08, 3310.16, 3311.057, 3313.29, 3313.372, 3313.61, 3313.64, 3313.6410, 3313.813, 3314.02, 3314.03, 3314.08, 3314.26, 3314.35, 3314.36, 3315.01, 3317.01, 3317.015, 3317.02, 3317.021, 3317.022, 3317.024, 3317.029, 3317.0216, 3317.03, 3317.051, 3317.053, 3317.06, 3317.07, 3317.082, 3317.11, 3317.19, 3318.052, 3318.37, 3319.17, 3323.091, 3323.13, 3323.20, 3353.02, 3354.10, 3357.10, 3358.06, 3362.01, 3365.02, 3375.121, 3381.15, 3381.17, 3517.152, 3701.041, 3701.341, 3701.65, 3705.242, 3718.02, 3734.57, 3735.67, 3745.114, 3769.087, 3901.383, 3901.3814, 3905.43, 3917.04, 4109.01, 4109.02, 4109.06, 4117.01, 4123.444, 4301.01, 4303.17, 4303.181, 4303.182, 4303.29, 4731.22, 4731.281, 4781.04, 4905.79, 5101.93, 5111.011, 5111.0112, 5111.061, 5111.081, 5111.11, 5111.151, 5111.161, 5111.162, 5111.20, 5111.222, 5111.231, 5111.244, 5111.27, 5111.31, 5111.88, 5111.882, 5111.889, 5111.8811, 5111.8812, 5112.08, 5112.18, 5112.31, 5115.04, 5119.16, 5123.0413, 5123.196, 5123.36, 5139.50, 5505.27, 5531.10, 5577.99, 5703.21, 5703.57, 5705.03, 5705.091, 5705.19, 5705.195, 5705.34, 5709.08, 5709.081, 5709.40, 5709.42, 5709.43, 5709.73, 5709.74, 5709.75, 5709.78, 5709.79, 5709.80, 5711.01, 5725.221, 5727.06, 5727.85, 5729.05, 5733.01, 5733.352, 5733.56, 5733.98, 5735.27, 5739.011, 5739.026, 5739.211, 5741.031, 5743.025, 5743.03, 5743.04, 5743.05, 5743.08, 5743.081, 5743.12, 5743.13, 5743.15, 5743.18, 5743.33, 5743.34, 5743.35, 5745.01, 5747.01, 5747.012, 5747.05, 5747.056, 5747.11, 5747.331, 5748.01, 5748.02, 5751.01, 5751.011, 5751.032, 5751.04, 5751.05, 5751.051, 5751.10, 5751.20, 5751.21, 5751.22, 5751.53, 5923.05, and 6121.02; to amend, for the purpose of adopting new section numbers as indicated in parentheses, sections 117.45 (126.35), 117.46 (126.36), 117.47 (126.37), 117.48 (126.38), 173.41 (173.394), 5101.93 (5111.178), 5111.081 (5111.942), 5111.082 (5111.081), 5111.083 (5111.082), 5111.084 (5111.083), and 5111.085 (5111.084); to enact new sections 3325.12, 3365.11, and 5111.18 and sections 124.392, 131.022, 173.27, 307.761, 333.01, 333.02, 333.03, 333.04, 333.05, 333.06, 333.07, 3310.11, 3310.12, 3314.18, 3323.143, 3701.046, 3701.79, 4303.207, 4503.105, 5111.0116, 5111.0117, 5111.0118, 5111.101, 5111.163, 5111.8813, 5111.8814, 5111.8815, 5111.8816, 5111.8817, 5111.941, 5111.943, 5112.311, 5123.37, 5123.371, 5123.372, 5123.373, 5123.374, 5123.375, 5502.261, 5531.101, 5701.11, 5705.211, 5725.222, 5725.98, 5729.101, 5729.102, 5729.98, 5743.021, 5743.321, 5748.011, and 5919.19; and to repeal sections 124.822, 124.92, 3325.12, 3325.17, 3365.11, 4732.04, and 5111.18 of the Revised Code; to amend Section 3 of Sub. H.B. 11 of the 126th General Assembly; to amend Sections 203.09, 203.12, 203.12.12, 203.45, 203.51, 203.54, 203.66, 203.69, 203.84, 203.87, 203.99.01, 203.99.30, 203.99.48, 206.03, 206.09, 206.09.12, 206.09.15, 206.09.21, 206.09.27, 206.09.36, 206.09.39, 206.09.42, 206.09.61, 206.09.63, 206.09.66, 206.09.84, 206.16, 206.42, 206.42.09, 206.48, 206.66, 206.66.22, 206.66.23, 206.66.36, 206.66.64, 206.66.66, 206.66.84, 206.66.85, 206.66.91, 206.67.15, 206.67.21, 206.99, 209.04, 209.06.06, 209.06.09, 209.09.06, 209.09.18, 209.15, 209.18, 209.18.09, 209.24, 209.30, 209.33, 209.36, 209.45, 209.63, 209.63.42, 209.64.60, 209.72, 209.75, 209.78.03, 209.81, 209.90.06, 212.03, 212.24, 212.27, 212.30, 212.33, 557.12, and 612.36.03 of Am. Sub. H.B. 66 of the 126th General Assembly; to amend Sections 23 and 23.01 of Am. Sub. S.B. 189 of the 125th General Assembly; to amend Sections 19.01, 20.01, 22.04, 23.12, and 23.45 of Am. Sub. H.B. 16 of the 126th General Assembly, as subsequently amended; to amend Sections 203.06.06 and 203.06.24 of Am. Sub. H.B. 68 of the 126th General Assembly, as subsequently amended; to amend Section 22 of Am. Sub. S.B. 189 of the 125th General Assembly, as subsequently amended; to repeal Section 5 of Am. Sub. S.B. 234 of the 125th General Assembly; and to repeal Sections 315.03 and 557.09.09 of Am. Sub. H.B. 66 of the 126th General Assembly to make capital reappropriations for the biennium ending June 30, 2008, to make certain supplemental and capital appropriations and to provide authorization and conditions for the operation of state programs.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 101.01. That sections 9.41, 9.901, 101.543, 107.40, 109.57, 109.572, 113.09, 113.11, 113.12, 117.45, 117.46, 117.47, 117.48, 120.36, 120.52, 120.521, 120.53, 121.37, 122.17, 122.171, 122.72, 122.73, 122.74, 122.90, 124.09, 124.11, 124.134, 124.135, 124.137, 124.138, 124.139, 124.14, 124.151, 124.152, 124.18, 124.181, 124.182, 124.321, 124.324, 124.327, 124.382, 124.384, 124.386, 124.387, 124.389, 124.391, 124.82, 124.821, 124.823, 124.84, 124.87, 125.21, 126.07, 126.21, 126.22, 131.01, 131.02, 131.33, 133.01, 133.04, 133.06, 133.12, 133.18, 141.08, 141.10, 145.70, 173.14, 173.39, 173.391, 173.41, 184.20, 319.301, 340.021, 742.57, 901.23, 927.39, 927.40, 927.41, 927.42, 955.011, 955.16, 955.43, 1309.102, 1309.520, 1309.521, 1317.07, 1321.02, 1333.11, 1333.82, 1523.02, 1901.31, 1901.311, 1901.32, 1901.33, 2151.357, 2152.44, 2305.2341, 2503.20, 2913.01, 2913.02, 2921.321, 2923.46, 2925.44, 2933.43, 3109.14, 3301.0714, 3302.021, 3307.32, 3309.68, 3310.03, 3310.06, 3310.08, 3310.16, 3311.057, 3313.29, 3313.372, 3313.61, 3313.64, 3313.6410, 3313.813, 3314.02, 3314.03, 3314.08, 3314.26, 3314.35, 3314.36, 3315.01, 3317.01, 3317.015, 3317.02, 3317.021, 3317.022, 3317.024, 3317.029, 3317.0216, 3317.03, 3317.051, 3317.053, 3317.06, 3317.07, 3317.082, 3317.11, 3317.19, 3318.052, 3318.37, 3319.17, 3323.091, 3323.13, 3323.20, 3353.02, 3354.10, 3357.10, 3358.06, 3362.01, 3365.02, 3375.121, 3381.15, 3381.17, 3517.152, 3701.041, 3701.341, 3701.65, 3705.242, 3718.02, 3734.57, 3735.67, 3745.114, 3769.087, 3901.383, 3901.3814, 3905.43, 3917.04, 4109.01, 4109.02, 4109.06, 4117.01, 4123.444, 4301.01, 4303.17, 4303.181, 4303.182, 4303.29, 4731.22, 4731.281, 4781.04, 4905.79, 5101.93, 5111.011, 5111.0112, 5111.061, 5111.081, 5111.11, 5111.151, 5111.161, 5111.162, 5111.20, 5111.222, 5111.231, 5111.244, 5111.27, 5111.31, 5111.88, 5111.882, 5111.889, 5111.8811, 5111.8812, 5112.08, 5112.18, 5112.31, 5115.04, 5119.16, 5123.0413, 5123.196, 5123.36, 5139.50, 5505.27, 5531.10, 5577.99, 5703.21, 5703.57, 5705.03, 5705.091, 5705.19, 5705.195, 5705.34, 5709.08, 5709.081, 5709.40, 5709.42, 5709.43, 5709.73, 5709.74, 5709.75, 5709.78, 5709.79, 5709.80, 5711.01, 5725.221, 5727.06, 5727.85, 5729.05, 5733.01, 5733.352, 5733.56, 5733.98, 5735.27, 5739.011, 5739.026, 5739.211, 5741.031, 5743.025, 5743.03, 5743.04, 5743.05, 5743.08, 5743.081, 5743.12, 5743.13, 5743.15, 5743.18, 5743.33, 5743.34, 5743.35, 5745.01, 5747.01, 5747.012, 5747.05, 5747.056, 5747.11, 5747.331, 5748.01, 5748.02, 5751.01, 5751.011, 5751.032, 5751.04, 5751.05, 5751.051, 5751.10, 5751.20, 5751.21, 5751.22, 5751.53, 5923.05, and 6121.02 be amended; that sections 117.45 (126.35), 117.46 (126.36), 117.47 (126.37), 117.48 (126.38), 173.41 (173.394), 5101.93 (5111.178), 5111.081 (5111.942), 5111.082 (5111.081), 5111.083 (5111.082), 5111.084 (5111.083), and 5111.085 (5111.084) be amended for the purpose of adopting new sections numbers as indicated in parentheses; that new sections 3325.12, 3365.11, and 5111.18 and sections 124.392, 131.022, 173.27, 307.761, 333.01, 333.02, 333.03, 333.04, 333.05, 333.06, 333.07, 3310.11, 3310.12, 3314.18, 3323.143, 3701.046, 3701.79, 4303.207, 4503.105, 5111.0116, 5111.0117, 5111.0118, 5111.101, 5111.163, 5111.8813, 5111.8814, 5111.8815, 5111.8816, 5111.8817, 5111.941, 5111.943, 5112.311, 5123.37, 5123.371, 5123.372, 5123.373, 5123.374, 5123.375, 5502.261, 5531.101, 5701.11, 5705.211, 5725.222, 5725.98, 5729.101, 5729.102, 5729.98, 5743.021, 5743.321, 5748.011, and 5919.19 of the Revised Code be enacted to read as follows:
Sec. 9.41. The auditor of state, director of budget and
management, or any fiscal officer of any county, city, city
health district, general health district, or city school district
thereof, or civil service township, shall not draw, sign, issue,
or authorize the drawing, signing, or issuing of any warrant on
the treasurer of state or other disbursing officer of the state,
or the treasurer or other disbursing officer of any county, city,
or city school district thereof, or civil service township, to
pay any salary or other compensation to any officer, clerk,
employee, or other person in the classified service unless an
estimate, payroll, or account for such salary or compensation
containing the name of each person to be paid, bears the
certificate of the director of administrative services, or in the
case of the service of the city or civil service township, the
certificate of the civil service commission of the city or civil
service township, or in the case of the service of the county,
the certificate of the appointing authority, that the persons
named in the estimate, payroll, or account have been appointed,
promoted, reduced, suspended, or laid off, or are being employed
in pursuance of Chapter 124. of the Revised Code and the rules
adopted thereunder.
Where estimates, payrolls, or accounts are prepared by
electronic data processing equipment, the director of
administrative services or the municipal or civil service
township civil service commission may develop methods for
controlling the input or verifying the output of such equipment
to ensure compliance with Chapter 124. of the Revised Code and
the rules adopted thereunder. Any estimates, payrolls, or
accounts prepared by these methods shall be subject to special
audit at any time.
Any sum paid contrary to this section may be recovered from
any officer making such payment in contravention of law and of
the rules made in pursuance of law, or from any officer signing,
countersigning, or authorizing the signing or countersigning of
any warrant for the payment of the same, or from the sureties on
his the officer's official bond, in an action in the courts of
the state,
maintained by a citizen resident therein. All moneys recovered
in any action brought under this section shall, when collected,
be paid into the state treasury or the treasury of the
appropriate civil division of the state, except that the
plaintiff in any action shall be entitled to recover his the
plaintiff's own
taxable costs of such action.
Sec. 9.901. (A)(1) All health care benefits provided to persons employed by the public schools of this state shall be provided by medical plans designed pursuant to this section by the school employees health care board. The board, in consultation with the superintendent of insurance, shall negotiate with and, in accordance with the competitive selection procedures of Chapter 125. of the Revised Code, contract with one or more insurance companies authorized to do business in this state for the issuance of the plans. Any or all of the medical plans designed by the board may be self-insured. All self-insured plans adopted shall be administered by the board in accordance with this section. As used in this section, a "public school" means a school in a city, local, exempted village, or joint vocational school district, and includes the educational service centers associated with those schools.
(2) Prior to soliciting proposals from insurance companies for the issuance of medical plans, the board shall determine what geographic regions exist in the state based on the availability of providers, networks, costs, and other factors relating to providing health care benefits. The board shall then determine what medical plans are offered by school districts and existing consortiums in the state. The board shall determine what medical plan offered by a school district or existing consortium in the region offers the lowest premium cost plan.
(3) The board shall develop a request for proposals and solicit bids for medical plans for the school districts in a region similar to the existing plans. The board shall also determine the benefits offered by existing medical plans, the employees' costs, and the cost-sharing arrangements used by public schools participating in a consortium. The board shall determine what strategies are used by the existing medical plans to manage health care costs and shall study the potential benefits of state or regional consortiums of public schools offering multiple health care plans.
(4) As used in this section, a "medical plan" includes group policies, contracts, and agreements that provide hospital, surgical, or medical expense coverage, including self-insured plans. A "medical plan" does not include an individual plan offered to the employees of a public school, or a plan that provides coverage only for specific disease or accidents, or a hospital indemnity, medicare supplement, or other plan that provides only supplemental benefits, paid for by the employees of a public school.
(B) The school employees health care board is hereby created. The school employees health care board shall consist of the following nine members and shall include individuals with experience with public school benefit programs, health care industry providers, and medical plan beneficiaries:
(1) Three members appointed by the governor;
(2) Three members appointed by the president of the senate;
(3) Three members appointed by the speaker of the house of representatives.
A member of the school employees health care board shall not be employed by, represent, or in any way be affiliated with a private entity that is providing services to the board, an individual school district, employers, or employees in the state of Ohio.
(C)(1) Members of the school employees health care board shall serve four-year terms; however, one of each of the initial members appointed under divisions (B)(1) to (3) of this section shall be appointed to a term of one year. The initial appointments under this section shall be made within forty-five days after the effective date of this section September 29, 2005.
Members' terms shall end on the same day of the same month as the effective date of this section twenty-ninth day of September, but a member shall continue to serve subsequent to the expiration of the member's term until a successor is appointed. Any vacancy occurring during a member's term shall be filled in the same manner as the original appointment, except that the person appointed to fill the vacancy shall be appointed to the remainder of the unexpired term.
(2) Members shall serve without compensation but shall be reimbursed from the school employees health care fund for actual and necessary expenses incurred in the performance of their official duties as members of the board.
(3) Members may be removed by their appointing authority for misfeasance, malfeasance, incompetence, dereliction of duty, or other just cause.
(D)(1) The governor shall call the first meeting of the school employees health care board. At that meeting, and annually thereafter, the board shall elect a chairperson and may elect members to other positions on the board as the board considers necessary or appropriate. The board shall meet at least four times each calendar year and shall also meet at the call of the chairperson or three or more board members. The chairperson shall provide reasonable advance notice of the time and place of board meetings to all members.
(2) A majority of the board constitutes a quorum for the transaction of business at a board meeting. A majority vote of the members present is necessary for official action.
(E) The school employees health care board shall conduct its business at open meetings; however, the records of the board are not public records for purposes of section 149.43 of the Revised Code.
(F) The school employees health care fund is hereby created in the state treasury. The public schools shall pay all school employees health care board plan premiums in the manner prescribed by the school employees health care board to the board for deposit into the school employees health care fund. All funds in the school employees health care fund shall be used solely for the provision of health care benefits to public schools employees pursuant to this section and related administrative costs. Premiums received by the board or insurance companies contracted pursuant to division (A) of this section are not subject to any state insurance premium tax.
(G) The school employees health care board shall do all of the following:
(1) Design multiple medical plans, including regional plans, to provide, in the board's judgment, the optimal combination of coverage, cost, choice, and stability of health cost benefits. The board may establish more than one tier of premium rates for any medical plan. The board shall establish regions as necessary for the implementation of the board's medical plans. Plans and premium rates may vary across the regions established by the board.
(2) Set an aggregate goal for employee and employer portions of premiums for the board's medical plans so as to manage plan participation and encourage the use of value-based plan participation by employees;
(3) Set employer and employee plan copayments, deductibles, exclusions, limitations, formularies, premium shares, and other responsibilities;
(4) Include disease management and consumer education programs, to the extent that the board determines is appropriate, in all medical plans designed by the board, which programs shall include, but are not limited to, wellness programs and other measures designed to encourage the wise use of medical plan coverage. These programs are not services or treatments for purposes of section 3901.71 of the Revised Code.
(5) Create and distribute to the governor, the speaker of the house of representatives, and the president of the senate, an annual report covering the plan background; plan coverage options; plan administration, including procedures for monitoring and managing objectives, scope, and methodology; plan operations; employee and employer contribution rates and the relationship between the rates and the school employees health care fund balance; a means to develop and maintain identity and evaluate alternative employee and employer cost-sharing strategies; an evaluation of the effectiveness of cost-saving services and programs; an evaluation of efforts to control and manage member eligibility and to insure that proper employee and employer contributions are remitted to the trust fund; efforts to prevent and detect fraud; and efforts to manage and monitor board contracts;
(6) Utilize cost containment measures aligned with patient, plan, and provider management strategies in developing and managing medical plans.
(H) The sections in Chapter 3923. of the Revised Code regulating public employee benefit plans are not applicable to the medical plans designed pursuant to this section.
(I)(1) Public schools are not subject to this section prior to the release of medical plans designed pursuant to this section.
(2) Prior to the school employees health care board's release of the board's initial medical plans, the board shall contract with an independent consultant to analyze costs related to employee health care benefits provided by existing school district plans in this state. The consultant shall determine the benefits offered by existing medical plans, the employees' costs, and the cost-sharing arrangements used by public schools either participating in a consortium or by other means. The consultant shall determine what strategies are used by the existing medical plans to manage health care costs and shall study the potential benefits of state or regional consortiums of public schools offering multiple health care plans. Based on the findings of the analysis, the consultant shall submit written recommendations to the board for the development and implementation of a successful program for pooling school districts' purchasing power for the acquisition of employee medical plans. The consultant's recommendations shall address, at a minimum, all of the following issues:
(a) The establishment of regions for the provision of medical plans, based on the availability of providers and plans in the state at the time that the school employees health care board is established;
(b) The use of regional preferred provider and closed panel plans, health savings accounts, and alternative medical plans, to stabilize both costs and the premiums charged school districts and district employees;
(c) The development of a system to obtain eligibility data and data compiled pursuant to the "Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA)," 100 Stat. 227, 29 U.S.C. 1161, as amended;
(d) The use of the competitive bidding process for regional medical plans;
(e) The development of a timeline planning for the design and use of board medical plans by not later than December 31, 2007;
(f) The use of information on claims and costs and of information reported by districts pursuant to COBRA in analyzing administrative and premium costs;
(g) The experience of states that have mandated statewide medical plans for public school employees, including the implementation strategies used by those states;
(h) Recommended strategies for the use of first-year roll-in premiums in the transition from district medical plans to school employees health care board plans;
(i) The option of allowing school districts to join an existing regional consortium as an alternative to school employees health care board plans;
(j) Mandatory and optional coverages to be offered by the board's medical plans;
(k) Potential risks to the state from the use of medical plans developed pursuant to this section;
(l) Any legislation needed to ensure the long-term financial solvency and stability of a health care purchasing system;
(m) The potential impacts of any changes to the existing purchasing structure on all of the following:
(i) Existing health care pooling and consortiums;
(ii) School district employees;
(iii) Individual school districts.
(n) Issues that could arise when school districts transition from the existing purchasing structure to a new purchasing structure;
(o) Strategies available to the board in the creation of fund reserves and the need for stop-loss insurance coverage for catastrophic losses;
(p) Any legislation needed to establish and maintain medical plans designed pursuant to this section. The consultant shall submit all legislative recommendations not later than December 31, 2005 2006, in writing, to the school employees health care board and to the governor, the speaker of the house of representatives, and the president of the senate.
(3) The public schools health care advisory committee is hereby created under the school employees health care board. The committee shall make recommendations to the school employees health care board related to the board's accomplishment of the duties assigned to the board under this section. The committee shall consist of eighteen members. The governor, the speaker of the house of representatives, and the president of the senate shall each appoint a representative from the Ohio education association, the Ohio school boards association, the Ohio association of school business officials, the Ohio association of health underwriters, an existing health care consortium serving public schools, and a health insuring corporation licensed to do business in Ohio and recommended by the Ohio association of health plans. The initial appointees shall be appointed to a one-year term not later than July 31, 2005 2007, the members' term to begin on that date. Subsequent one-year appointments, to commence on the thirty-first day of July of each year, shall be made in the same manner. A member shall continue to serve subsequent to the expiration of the member's term until the member's successor is appointed. Any vacancy occurring during a member's term shall be filled in the same manner as the original appointment, except that the person appointed to fill the vacancy shall be appointed to the remainder of the unexpired term. The governor shall call the first meeting of each newly appointed committee. At that meeting the board shall elect a chairperson who shall call the time and place of future committee meetings. Committee members are not subject to the conditions for eligibility set by division (B) of this section for members of the school employees health care board.
(4) The school employees health care board shall submit a written study to the governor and the general assembly not later than January 15, 2006 31, 2007, of a plan to operate in compliance with this section, and on the governance of the school employees health care board. A copy of the board's plan of operation, including audit provisions, shall accompany the report on the board's governance and the report shall include the board's recommendations on any legislation needed to enforce the recommendations of the board on implementing the provisions of this section.
(5) Not later than January 15, 2009, and not later than the same day of each subsequent year, the school employees health care board shall submit a written report to the governor and each member of the general assembly, which report evaluates the performance of school employees health care board medical plans during the previous year. Districts offering employee health care benefits through a plan offered by a consortium of two or more districts, or a consortium of one or more districts and one or more political subdivisions as defined in section 9.833 of the Revised Code, representing five thousand or more employees as of January 1, 2005, may request permission from the school employees health care board to continue offering consortium plans to the districts' employees at the discretion of the board. If the board grants permission, the permission is valid for only one year but may be renewed annually thereafter upon application to an approval of the board. The board shall grant initial or continued approval upon finding, based on an actuarial evaluation of the existing consortium plan offerings, that benefit design, premium costs, administrative cost, and other factors considered by the board are equivalent to or lower than comparable costs of the board's plan options offered to the local district. Age and gender adjustments, benefit comparison adjustments, and the total cost of the consortium plan, including administration, benefit cost, stop-loss insurance, and all other expenses or information requested by the board shall be presented to the board prior to the board's decision to allow a local district to continue to offer health care benefits under a consortium plan. A district shall not participate in the consortium plan once the district has chosen to offer plans designed by the board to the district's employees and begins premium payments for deposit into the school employees health care fund.
(6) Any districts providing medical plan coverage for the employees of public schools, or that have provided coverage within two years prior to the effective date of this section September 29, 2005, shall provide nonidentifiable aggregate claims data for the coverage to the school employees health care board or the department of administrative services, without charge, within thirty days after receiving a written request from the board or the department. The claims data shall include data relating to employee group benefit sets, demographics, and claims experience.
(J) The school employees health care board may contract with other state agencies as the board deems necessary for the implementation and operation of this section, based on demonstrated experience and expertise in administration, management, data handling, actuarial studies, quality assurance, or other needed services. The school employees health care board shall contract with the department of administrative services for central services until the board is able to obtain such services from other sources. The board shall reimburse the department of administrative services for the reasonable cost of those services.
(K) The board's administrative functions shall include, but are not limited to, the following:
(1) Maintaining reserves in the school employees health care fund, reinsurance, and other measures that in the judgment of the board will result in the long-term stability and solvency of the medical plans designed by the board. The board shall bill school districts, in proportion to a district's premium payments to all premium payments paid into the school employees health care fund during the previous year, in order to maintain necessary reserves, reinsurance, and administrative and operating funds. Each school district contributing to a board medical plan shall share any losses due to the expense of claims paid by the plan. In the event of a loss, the board may bill each district an amount, in proportion to the district's premium payments to all premium payments paid into the school employees health care fund during the previous year, sufficient in total to cover the loss. The state is not liable for any obligations of the school employees health care board or the school employees health care fund, or for expenses of public schools or school districts related to the board's medical plans.
(2) Providing health care information, wellness programs, and other preventive health care measures to medical plan beneficiaries, to the extent that the board determines to be appropriate;
(3) Coordinating contracts for services related to the board's medical plans. Contracts shall be approved by the school employees health care board.
(L) Not less than ninety days before coverage begins for public school employees under medical plans designed by the school employees health care board, a school district's board of education shall provide detailed information about the medical plans to the employees.
(M) Nothing in this section shall be construed as prohibiting public schools or school districts from consulting with and compensating insurance agents and brokers for professional services.
(N) The department of administrative services shall report to the governor, the speaker of the house of representatives, and the president of the senate within eighteen months after the effective date of this section not later than April 30, 2007, on the feasibility of achieving all of the following:
(1) Designing multiple medical plans to cover persons employed by public institutions of higher education that achieve an optimal combination of coverage, cost, choice, and stability, which plans include both state and regional preferred provider plans, set employee and employer premiums, and set employee plan copayments, deductibles, exclusions, limitations, formularies, and other responsibilities. For this purpose, "public institutions of higher education" include, without limitation, state universities and colleges, state community college districts, community college districts, university branch districts, technical college districts, and municipal universities.
(2) Maintaining reserves, reinsurance, and other measures to insure the long-term stability and solvency of the medical plans;
(3) Providing appropriate health care information, wellness programs, and other preventive health care measures to medical plan beneficiaries;
(4) Coordinating contracts for services related to the medical plans.
Sec. 101.543. The As used in this section, "published" means to produce an electronic record that is accessible to the public.
The daily journals of the senate and house of
representatives journals shall be printed or published daily during each session of the
general assembly in pamphlet form without covers. The senate journal shall
precede the house of representatives journal in the pamphlet. The composition
used in printing or publishing the daily journals shall be retained for use in printing the
final journals.
The final journals and appendixes of the senate and house of representatives journals and appendixes
shall be printed after adjournment sine die and be bound in half law
binding. The respective journal of each house and
its proper appendix shall compose one volume
unless the clerk of the senate or clerk of the
house of representatives, as the case may be, directs that they be
bound in separate volumes.
Sec. 107.40. (A) There is hereby created the
governor's residence advisory commission. The commission shall
provide for the preservation, restoration, acquisition, and
conservation of all decorations, objects of art, chandeliers,
china, silver, statues, paintings, furnishings, accouterments,
and other aesthetic materials that have been acquired, donated,
loaned, or otherwise obtained by the state for the governor's
residence and that have been approved by the commission. In addition, the commission shall provide for the maintenance of plants that have been acquired, donated, loaned, or otherwise obtained by the state for the governor's residence and that have been approved by the commission.
(B) The commission shall
be responsible for the care, provision, repair, and placement of
furnishings and other objects and accessories of the grounds and
public areas of the first story of the governor's residence and for the care and placement of plants on the grounds. In
exercising this responsibility, the commission shall preserve
and seek to further establish the both of the following:
(1) The authentic ambiance and decor
of the historic era during which the governor's residence was
constructed. These;
(2) The grounds as a representation of Ohio's natural ecosystems.
These duties shall not affect the obligation of
the department of administrative services to provide for the
general maintenance and operating expenses of the governor's
residence.
(C) The commission shall
consist of nine eleven members. One member shall be the director of
administrative services or the director's designee, who shall
serve during the director's term of office and shall serve as
chairperson. One member shall be the director of the
Ohio historical society or the
director's designee, who shall serve during the director's term
of office and shall serve as vice-chairperson. One
member shall
represent the Columbus
landmarks foundation. One member shall represent the
Bexley historical society. One member shall be the mayor of the city of Bexley, who shall serve during the mayor's term of office. One member shall be the chief executive officer of the Franklin park conservatory joint recreation district, who shall serve during the term of employment as chief executive officer. The
remaining five members shall be appointed by the governor with
the advice and consent of the senate. The five members appointed by the
governor shall be persons with knowledge of
Ohio history, architecture,
decorative arts, or historic preservation, and one of those members shall have knowledge of landscape architecture, garden design, horticulture, and plants native to this state.
(D) Of the initial appointees, the representative of the
Columbus landmarks foundation shall serve for a term expiring
December 31, 1996, and the representative of the Bexley
historical society shall serve for a term expiring
December 31, 1997. Of the five
members appointed by the governor, three shall serve for terms
ending December 31, 1998, and two shall serve for terms ending December 31,
1999. Thereafter, each term shall be for four years, commencing on the first
day of January and ending on the last day of December. Each The member having knowledge of landscape architecture, garden design, horticulture, and plants native to this state initially shall be appointed upon the first vacancy on the commission occurring on or after the effective date of this amendment.
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 end 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 term until the member's successor takes office.
(E) Five Six members of the
commission constitute a quorum, and the affirmative vote of five six
members is required for approval of any action by the
commission.
(F) After each initial
member of the commission has been appointed, the commission
shall meet and select one member as secretary and another as
treasurer. Organizational meetings of the commission shall be
held at the time and place designated by call of the
chairperson.
Meetings of the commission may be held anywhere in the state and
shall be in compliance with
Chapters 121. and 149. of the Revised Code. The commission may
adopt, pursuant to section 111.15 of the
Revised Code, rules necessary to carry
out the purposes of this section.
(G) Members of the
commission shall serve without remuneration, but shall be
compensated for actual and necessary expenses incurred in the
performance of their official duties.
(H) All expenses
incurred in carrying out this section are payable solely from
money accrued under this section or appropriated for these
purposes by the general assembly, and the commission shall incur
no liability or obligation beyond such money.
(I) The commission may
accept any donation, gift, bequest, or devise for the governor's residence or as an endowment for the maintenance and care of the garden on the grounds of the governor's residence in furtherance of
its duties. Any revenue received by the commission shall be
deposited into the governor's residence fund, which is hereby
established in the state treasury, for use by the commission in
accordance with the performance of its duties. All investment
earnings of the fund shall be credited to the fund. Title to
all property acquired by the commission shall be taken in the
name of the state and shall be held for the use and benefit of
the commission.
(J) Nothing in this
section limits the ability of a person or other entity to
purchase decorations, objects of art, chandeliers, china,
silver, statues, paintings, furnishings, accouterments, plants, or other
aesthetic materials for placement in the governor's residence or on the grounds of the governor's residence or
donation to the commission. No such object or plant, however, shall be
placed on the grounds or public areas of the first story of the
governor's residence without the consent of the commission.
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 either a sexually oriented offense that is not a registration-exempt sexually oriented offense or a child-victim oriented offense and with respect to all other duties imposed on
the bureau under that chapter.
(5) The bureau shall perform centralized recordkeeping functions for criminal history records and services in this state for purposes of the national crime prevention and privacy compact set forth in section 109.571 of the Revised Code and is the criminal history record repository as defined in that section for purposes of that compact. The superintendent or the superintendent's designee is the compact officer for purposes of that compact and shall carry out the responsibilities of the compact officer specified in that compact.
(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. In addition to any other authorized use of information, data, and statistics of that nature, the superintendent or the superintendent's designee may provide and exchange the information, data, and statistics pursuant to the national crime prevention and privacy compact as described in division (A)(5) of this section.
(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), (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. The superintendent or the superintendent's designee also may request criminal history records from other states or the federal government pursuant to the national crime prevention and privacy compact set forth in section 109.571 of the Revised Code. 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 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 a classroom
reading
improvement grant paid under section 3301.86 of the Revised
Code
requests, with respect to any individual who applies to participate in
providing any program or service
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
In addition to or in conjunction with any request that is required to be made under section 173.27 of the Revised Code with respect to an individual who has applied for employment in a position that involves providing ombudsperson services to residents of long-term care facilities or recipients of community-based long-term care services, the state long-term care ombudsperson, ombudsperson's designee, or director of health may request that the superintendent investigate and determine, with respect to any individual who has applied for employment in a position that does not involve providing such ombudsperson services, whether the bureau has any information gathered under division (A) of this section that pertains to that applicant.
In addition to or in conjunction with any request that is required to be made under section 173.394 of the Revised Code with respect to an individual who has applied for employment in a position that involves providing direct care to an individual, the chief administrator of a community-based long-term care agency may request that the superintendent investigate and determine, with respect to any individual who has applied for employment in a position that does not involve providing direct care, whether the bureau has any information gathered under division (A) of this section that pertains to that applicant.
On receipt of the a request under this division, the
superintendent shall determine whether that information
exists
and, on request of the administrator individual requesting information,
shall also request from the federal bureau of investigation any
criminal records it has pertaining to that
individual the applicant. The superintendent or the superintendent's designee also may request criminal history records from other states or the federal government pursuant to the national crime prevention and privacy compact set forth in section 109.571 of the Revised Code. Within
thirty days of the date a request is received, the superintendent
shall send to the administrator requester 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 requester 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, government entity 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 121.08, 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, 2903.341, 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 173.41 173.27, 173.394, 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 for which a criminal records check is required by those sections. 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)(6)(a) of this section.
(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.
(8) On a request pursuant to section 2151.86 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, 2909.02, 2909.03, 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 (A)(8)(a) of this section.
(9) When conducting a criminal records check on a request pursuant to section 5104.013 of the Revised Code for a person who is an owner, licensee, or administrator of a child day-care center or type A family day-care home or an authorized provider of a certified type B family day-care home, 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 any of the following:
(a) A violation of section 2913.02, 2913.03, 2913.04, 2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, 2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2921.11, 2921.13, or 2923.01 of the Revised Code, a violation of section 2923.02 or 2923.03 of the Revised Code that relates to a crime specified in this division or division (A)(1)(a) of this section, or a second violation of section 4511.19 of the Revised Code within five years of the date of application for licensure or certification.
(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 or violations described in division (A)(9)(a) of this section.
(10) On receipt of a request for a criminal records check from an individual pursuant to section 4749.03 or 4749.06 of the Revised Code, accompanied by a completed copy of the form prescribed in division (C)(1) of this section and a set of fingerprint impressions obtained in a 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 indicating that the person who is the subject of the request has been convicted of or pleaded guilty to a felony in this state or in any other state. If the individual indicates that a firearm will be carried in the course of business, the superintendent shall require information from the federal bureau of investigation as described in division (B)(2) of this section. The superintendent shall report the findings of the criminal records check and any information the federal bureau of investigation provides to the director of public safety.
(11) 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), (7), (8), (9), or (10) 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), (7), (8), (9), or (10) 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 (6) of this section.
(B) The superintendent shall conduct any criminal records check requested under section 121.08, 173.41 173.27, 173.394, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06, 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.
(3) The superintendent or the superintendent's designee may request criminal history records from other states or the federal government pursuant to the national crime prevention and privacy compact set forth in section 109.571 of the Revised Code.
(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 121.08, 173.41 173.27, 173.394, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06, 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 121.08, 173.41 173.27, 173.394, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06, 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 121.08, 173.41 173.27, 173.394, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06, 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 121.08, 173.41 173.27, 173.394, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06, 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), (A)(7)(a) or (b), (A)(8)(a) or (b), or (A)(9)(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.
(5) "Older adult" means a person age sixty or older.
Sec. 113.09. Except as provided in section 113.10 of the
Revised Code, all moneys deposited with the treasurer of state,
the disposition of which is not otherwise provided for by law,
shall be credited to the general revenue fund, which is hereby
created in the state treasury. If a warrant for the payment of
money from the state treasury has been illegally or improperly
issued by the auditor of state, or the amount of a warrant issued
by him exceeds the sum which that should have
been named therein, and
payment of such warrant or excess has been made by the treasurer
of state, the director of budget and management shall, unless the
account of the appropriation from which it was paid has been
closed, credit the amount collected to such appropriation; but,
if such account has been closed, he the director shall credit
the amount so
collected to the fund on which the warrant was originally drawn.
All investment earnings on moneys deposited in the state
treasury shall be credited to the general revenue fund unless:
(A) The disposition of the earnings is otherwise provided
for by law;
(B) The director of budget and management has provided in
the plan approved under section 131.36 of the Revised Code that a
different fund is entitled to the earnings.
Sec. 113.11. No money shall be paid out of the state treasury or transferred
elsewhere except on the warrant of the auditor of state director of budget and management. No money shall be
paid out of a custodial fund of the treasurer of state except on proper order
to the treasurer of state by the officer authorized by law to pay money out of
the fund.
The treasurer of state shall adopt rules prescribing the form and manner in
which money may be paid out of the state treasury or a custodial fund of the
treasurer of state.
Sec. 113.12. The treasurer of state, on presentation, shall pay all warrants drawn on him the treasurer of state by the auditor of state director of budget and management. At least once each month the treasurer of state shall surrender to the auditor of state director all warrants the treasurer of state has paid and shall accept the receipt of the auditor of state director therefor. The receipt shall be held by the treasurer of state in place of such warrants and as evidence of their payment until an audit of the state treasury and the custodial funds of the treasurer of state has been completed.
Sec. 120.36. (A) If (1) Subject to division (A)(2), (3), (4), (5), or (6) of this section, if a person who is a defendant in a criminal case or a party in a case in juvenile court requests or is provided a state public defender, a county or joint county public defender, or any other counsel appointed by the court, the court in which the criminal case is initially filed or the juvenile court, whichever is applicable, shall assess, unless the application fee is waived or reduced, a non-refundable application fee of twenty-five dollars.
The court shall direct the person to pay the application fee to the clerk of court. The person shall pay the application fee to the clerk of court at the time the person files an affidavit of indigency or a financial disclosure form with the court, a state public defender, a county or joint county public defender, or any other counsel appointed by the court or within seven days of that date. If the person does not pay the application fee within that seven-day period, the court shall assess the application fee at sentencing or at the final disposition of the case.
If a case involving a felony that was initially filed in a municipal court or a county court is bound over to the court of common pleas and the defendant in the case failed to pay the application fee in the municipal court or county court, the court of common pleas shall assess the application fee at the initial appearance of the defendant in the court of common pleas. If a case involving an alleged delinquent child is transferred to the court of common pleas for prosecution of the involved child as an adult and if the involved child failed to pay the fee in the juvenile court, the court of common pleas shall assess the application fee at the initial appearance of the child in the court of common pleas.
(2) For purposes of this section, a criminal case includes any case involving a violation of any provision of the Revised Code or of an ordinance of a municipal corporation for which the potential penalty includes loss of liberty and includes any contempt proceeding in which a court may impose a term of imprisonment.
(3) In a juvenile court proceeding, the court shall not assess the application fee against a child if the court appoints a guardian ad litem for the child or the court appoints an attorney to represent the child at the request of a guardian ad litem.
(4) The court shall not assess an application fee for a postconviction proceeding or when the defendant files an appeal.
(5)(a) Except when the court assesses an application fee pursuant to division (A)(5)(b) of this section, the court shall assess an application fee when a person is charged with a violation of a community control sanction or a violation of a post-release control sanction.
(b) If a charge of violating a community control sanction or post-release control sanction described in division (A)(5)(a) of this section results in a person also being charged with violating any provision of the Revised Code or an ordinance of a municipal corporation, the court shall only assess an application fee for the case that results from the additional charge.
(6) If a case is transferred from one court to another court and the person failed to pay the application fee to the court that initially assessed the application fee, the court that initially assessed the fee shall remove the assessment, and the court to which the case was transferred shall assess the application fee.
(7)
The court shall assess an application fee pursuant to this section one time per case. An appeal shall not be considered a separate case for the purpose of assessing the application fee For purposes of assessing the application fee, a case means one complete proceeding or trial held in one court for a person on an indictment, information, complaint, petition, citation, writ, motion, or other document initiating a case that arises out of a single incident or a series of related incidents, or when one individual is charged with two or more offenses that the court handles simultaneously. The court may waive or reduce the fee for a specific person in a specific case upon a finding that the person lacks financial resources that are sufficient to pay the fee or that payment of the fee would result in an undue hardship.
(B) No court, state public defender, county or joint county public defender, or other counsel appointed by the court shall deny a person the assistance of counsel solely due to the person's failure to pay the application fee assessed pursuant to division (A) of this section. A person's present inability, failure, or refusal to pay the application fee shall not disqualify that person from legal representation.
(C) The application fee assessed pursuant to division (A) of this section is separate from and in addition to any other amount assessed against a person who is found to be able to contribute toward the cost of the person's legal representation pursuant to division (D) of section 2941.51 of the Revised Code.
(D) The clerk of the court that assessed the fees shall forward all application fees collected pursuant to this section to the county treasurer for deposit in the county treasury. The county shall retain eighty per cent of the application fees so collected to offset the costs of providing legal representation to indigent persons. Each Not later than the last day of each month, the county auditor shall remit twenty per cent of the application fees so collected in the previous month to the state public defender. The state public defender shall deposit the remitted fees into the state treasury to the credit of the client payment fund created pursuant to division (B)(5) of section 120.04 of the Revised Code. The state public defender may use that money in accordance with that section.
(E) On or before the first day of March of each year twentieth day of each month beginning in February of the year 2007, each clerk of court shall provide to the state public defender and the state auditor a report including all of the following:
(1) The number of persons in the previous calendar year month who requested or were provided a state public defender, county or joint county public defender, or other counsel appointed by the court;
(2) The number of persons in the previous calendar year month for whom the court waived the application fee pursuant to division (A) of this section;
(3) The dollar value of the assessed application fees assessed pursuant to division (A) of this section in the previous calendar year month;
(4) The amount of assessed application fees collected in the previous calendar year month;
(5) The balance of unpaid assessed application fees at the open and close of the previous calendar year month.
(F) As used in this section:
(1) "Clerk of court" means the clerk of the court of common pleas of the county, the clerk of the juvenile court of the county, the clerk of the domestic relations division of the court of common pleas of the county, the clerk of the probate court of the county, the clerk of a municipal court in the county, the clerk of a county-operated municipal court, or the clerk of a county court in the county, whichever is applicable.
(2) "County-operated municipal court" has the same meaning as in section 1901.03 of the Revised Code.
Sec. 120.52. There is hereby established in the state
treasury the legal aid fund, which shall be for the charitable
public purpose of providing financial assistance to legal aid
societies that provide civil legal services to indigents. The
fund shall contain all funds credited to it by the treasurer of
state pursuant to sections 1901.26, 1907.24, 2303.201, 3953.231, 4705.09,
and 4705.10 of the Revised Code and income from investment credited
to it by the treasurer of state in accordance with this section.
The treasurer of state may invest moneys contained in the
legal aid fund in any manner authorized by the Revised Code for
the investment of state moneys. However, no such investment
shall interfere with any apportionment, allocation, or payment of
moneys in January and July of each calendar year, as required by
section 120.53 of the Revised Code. All income earned as a
result of any such investment shall be credited to the fund.
The state public defender, through the Ohio legal
assistance foundation, shall administer the payment of moneys out
of the fund. Four and one-half per cent of the moneys in the
fund shall be reserved for the actual, reasonable costs of
administering sections 120.51 to 120.55 and sections 1901.26, 1907.24, 2303.201, 3953.231, 4705.09, and
4705.10 of the Revised Code. Moneys that are reserved for
administrative costs but that are not used for actual, reasonable
administrative costs shall be set aside for use in the manner
described in division (A) of section
120.521 of the Revised Code. The remainder of the moneys in the legal aid fund
shall be
distributed in accordance with section 120.53 of the Revised
Code. The Ohio legal assistance foundation shall establish, in accordance with Chapter 119. of the Revised Code, rules
governing the administration of the legal aid fund, including the programs established under sections 1901.26, 1907.24, 2303.201, 4705.09, and 4705.10 of the
Revised Code regarding interest on interest-bearing trust accounts of an
attorney, law firm, or legal professional association.
Sec. 120.521. (A) The state public defender shall establish a
charitable, tax exempt
foundation, named the Ohio legal assistance foundation, to actively
solicit and accept gifts, bequests, donations, and contributions for use in
providing financial assistance to legal aid societies, enhancing or improving
the delivery of civil legal services to indigents, and operating the
foundation. The Ohio legal
assistance foundation shall deposit all gifts, bequests, donations, and
contributions accepted by it into the legal
assistance foundation fund established under this section. If the state
public defender,
pursuant to section
120.52 of the Revised Code as it existed prior to the effective date of this section,
established a charitable, tax exempt foundation named the Ohio legal
assistance foundation and if that foundation is in existence on the day before
the effective date of this section, that foundation shall continue in
existence
and shall serve as the Ohio legal assistance foundation described in
this section.
There is hereby established the legal assistance foundation fund, which
shall be under the custody and control of the Ohio legal assistance
foundation. The fund shall contain all moneys distributed to the Ohio legal assistance foundation pursuant to section 120.53 of the Revised Code and all gifts, bequests, donations, and
contributions accepted by the Ohio legal assistance foundation under
this section.
The Ohio legal assistance
foundation shall distribute or use all moneys in
the legal assistance foundation fund for the charitable public purpose of
providing financial assistance to legal aid societies that provide civil legal
services to indigents, enhancing
or improving the delivery of civil legal services to indigents, and operating
the foundation. The
Ohio legal assistance foundation shall establish rules governing the
administration of the legal assistance foundation fund.
The Ohio legal assistance foundation shall include, in the annual
report it is required to make to the governor, the general assembly, and the
supreme court pursuant to division (G)(2) of section 120.53 of the Revised
Code, an audited financial statement on the distribution
and use of the legal assistance foundation fund. No information
contained in the statement shall identify or enable the identification of any
person served by a legal aid society or in any way breach confidentiality.
(B) A foundation is tax exempt for purposes of this section if
the
foundation is exempt from federal income taxation under subsection
501(a) of the "Internal Revenue Code of
1986," 100 Stat. 2085, 26 U.S.C.
501(a), as amended, and if the foundation has received from the
internal revenue service a determination letter that is in effect stating that
the foundation is exempt from federal income taxation under that subsection.
Sec. 120.53. (A) A legal aid society that operates within
the state may apply to the Ohio legal assistance foundation for
financial assistance from the legal aid fund established by
section 120.52 of the Revised Code to be used for the funding of
the society during the calendar year following the calendar year
in which application is made.
(B) An application for financial assistance made under
division (A) of this section shall be submitted by the first day
of November of the calendar year preceding the calendar year for
which financial assistance is desired and shall include all of
the following:
(1) Evidence that the applicant is incorporated in this
state as a nonprofit corporation;
(2) A list of the trustees of the applicant;
(3) The proposed budget of the applicant for these funds
for the following calendar year;
(4) A summary of the services to be offered by the
applicant in the following calendar year;
(5) A specific description of the territory or
constituency served by the applicant;
(6) An estimate of the number of persons to be served by
the applicant during the following calendar year;
(7) A general description of the additional sources of the
applicant's funding;
(8) The amount of the applicant's total budget for the
calendar year in which the application is filed that it will
expend in that calendar year for legal services in each of the
counties it serves;
(9) A specific description of any services, programs,
training, and legal technical assistance to be delivered by the
applicant or by another person pursuant to a contract with the
applicant, including, but not limited to, by private attorneys or
through reduced fee plans, judicare panels, organized pro bono
programs, and mediation programs.
(C) The Ohio legal assistance foundation shall determine
whether each applicant that filed an application for financial
assistance under division (A) of this section in a calendar year
is eligible for financial assistance under this section. To be
eligible for such financial assistance, an applicant shall
satisfy the criteria for being a legal aid society and shall be in compliance
with the provisions of sections 120.51 to 120.55 of the Revised Code and with
the rules and requirements the foundation establishes pursuant to section
120.52 of the Revised Code. The Ohio legal assistance foundation then, on or
before the fifteenth day
of December of the calendar year in which the application is
filed, shall notify each such applicant, in writing, whether it
is eligible for financial assistance under this section, and if
it is eligible, estimate the amount that will be available for
that applicant for each six-month distribution period, as
determined under division (D) of this section.
(D) The Ohio legal assistance foundation shall allocate
moneys contained in the legal aid fund twice each year monthly for
distribution to applicants that filed their applications in the
previous calendar year and were are determined to be eligible
applicants.
All moneys contained in the fund on the first day of
January of a calendar year each month shall be allocated, after deduction of
the costs of administering sections 120.51 to 120.55 and sections
1901.26, 1907.24, 2303.201, 3953.231, 4705.09, and 4705.10 of the Revised Code that are authorized by
section 120.52 of the Revised Code, according to this section and
shall be distributed accordingly on the thirty-first day of
January of that calendar year, and all moneys contained in the
fund on the first day of July of that calendar year shall be
allocated, after deduction of the costs of administering those
sections that are authorized by section 120.52 of the Revised
Code, according to this section and shall be distributed
accordingly on the thirty-first day of July of that calendar
year not later than the last day of the month following the month the moneys were received. In making the allocations under this section, the moneys in the fund
that were generated pursuant to sections 1901.26, 1907.24, 2303.201, 3953.231,
4705.09, and 4705.10 of the Revised Code and all income generated
from the investment of such moneys shall be apportioned as
follows:
(1) After deduction of the amount authorized and used for
actual, reasonable administrative costs under section 120.52 of
the Revised Code:
(a) Five per cent of the moneys remaining in the fund shall be reserved for use in the manner described in division (A) of section 120.521 of the Revised Code or for distribution to legal aid societies
that provide assistance to special population groups of their
eligible clients, engage in special projects that have a
substantial impact on their local service area or on significant
segments of the state's poverty population, or provide legal
training or support to other legal aid societies in the state;
(b) After deduction of the amount described in division
(D)(1)(a) of this section, one and three-quarters per cent of the
moneys remaining in the fund shall be apportioned among entities
that received financial assistance from the legal aid fund prior
to the effective date of this amendment but that, on and after
the effective date of this amendment, no longer qualify as a
legal aid society that is eligible for financial assistance under
this section.
(c) After deduction of the amounts described in divisions (D)(1)(a) and (b) of this section, fifteen per cent of the moneys remaining in the fund shall be placed in the legal assistance foundation fund for use in the manner described in division (A) of section 120.521 of the Revised Code.
(2) After deduction of the actual, reasonable
administrative costs under section 120.52 of the Revised Code and
after deduction of the amounts identified in divisions (D)(1)(a), (b), and (c) of this section, the remaining moneys shall be
apportioned among the counties that are served by eligible legal
aid societies that have applied for financial assistance under
this section so that each such county is apportioned a portion of
those moneys, based upon the ratio of the number of indigents who
reside in that county to the total number of indigents who reside
in all counties of this state that are served by eligible legal
aid societies that have applied for financial assistance under
this section. Subject to division (E) of this section, the
moneys apportioned to a county under this division then shall be
allocated to the eligible legal aid society that serves the
county and that has applied for financial assistance under this
section. For purposes of this division, the source of data
identifying the number of indigent persons who reside in a county
shall be the most recent decennial census figures from the United
States department of commerce, division of census.
(E) If the Ohio legal assistance foundation, in attempting
to make an allocation of moneys under division (D)(2) of this
section, determines that a county that has been apportioned money
under that division is served by more than one eligible legal aid
society that has applied for financial assistance under this
section, the Ohio legal assistance foundation shall allocate the
moneys that have been apportioned to that county under division
(D)(2) of this section among all eligible legal aid societies
that serve that county and that have applied for financial
assistance under this section on a pro rata basis, so that each
such eligible society is allocated a portion based upon the
amount of its total budget expended in the prior calendar year
for legal services in that county as compared to the total amount
expended in the prior calendar year for legal services in that
county by all eligible legal aid societies that serve that county
and that have applied for financial assistance under this
section.
(F) Moneys allocated to eligible applicants under this
section shall be paid twice annually, on the thirty-first day of
January and on the thirty-first day of July of monthly beginning the calendar year
following the calendar year in which the application is filed.
(G)(1) A legal aid society that receives financial
assistance in any calendar year under this section shall file an
annual report with the Ohio legal assistance foundation detailing
the number and types of cases handled, and the amount and types
of legal training, legal technical assistance, and other service
provided, by means of that financial assistance. No information
contained in the report shall identify or enable the
identification of any person served by the legal aid society or
in any way breach client confidentiality.
(2) The Ohio legal assistance foundation shall make an
annual report to the governor, the general assembly, and the
supreme court on the distribution and use of the legal aid fund. The
foundation also shall include in the annual report an audited financial
statement of all gifts, bequests, donations, contributions, and other moneys
the foundation receives. No information contained in the report shall
identify or enable
the identification of any person served by a legal aid society,
or in any way breach confidentiality.
(H) A legal aid society may enter into agreements for the
provision of services, programs, training, or legal technical
assistance for the legal aid society or to indigent persons.
Sec. 121.37. (A)(1) There is hereby created the Ohio family
and children first cabinet council. The council shall be
composed
of the superintendent of public instruction and the
directors of
youth services, job and family services,
mental health,
health,
alcohol and drug addiction services, mental retardation
and
developmental disabilities, and budget and management. The
chairperson of the council shall be the governor or the
governor's
designee and shall establish procedures for the council's
internal
control and management.
(2) The purpose of the cabinet council is to help families
seeking government services. This section shall not be
interpreted or applied to usurp the role of parents, but solely
to
streamline and coordinate existing government services for
families seeking assistance for their children.
In seeking to fulfill its purpose, the council may do any
of
the following:
(a) Advise and make recommendations to the governor and
general assembly regarding the provision of services to children;
(b) Advise and assess local governments on the
coordination
of service delivery to children;
(c) Hold meetings at such times and places as may be
prescribed by the council's procedures and maintain records of
the
meetings, except that records identifying
individual children are
confidential and shall be disclosed
only as provided by law;
(d) Develop programs and projects, including pilot
projects,
to encourage coordinated efforts at the state and local
level to
improve the state's social service delivery
system;
(e) Enter into contracts with and administer grants to
county family and children first councils, as well as
other county
or
multicounty organizations to plan and coordinate service
delivery
between state agencies and local service providers for
families
and children;
(f) Enter into contracts with and apply for grants from
federal agencies or private organizations;
(g) Enter into interagency agreements
to encourage
coordinated efforts at the state and local level to improve the
state's social service delivery system. The agreements may
include provisions
regarding the receipt, transfer, and
expenditure of funds;
(h) Identify public and private funding sources for services
provided to alleged or adjudicated unruly children and children
who are at risk of being alleged or adjudicated unruly children,
including regulations governing access to and use of the services;
(i) Collect information provided by local communities
regarding successful programs for prevention, intervention, and
treatment of unruly behavior, including evaluations of the
programs;
(j) Identify and disseminate publications regarding alleged
or adjudicated unruly children and children who are at risk of
being alleged or adjudicated unruly children and regarding
programs serving those types of children;
(k) Maintain an inventory of strategic planning facilitators
for use by government or nonprofit entities that serve alleged or
adjudicated unruly children or children who are at risk of being
alleged or adjudicated unruly children.
(3) The cabinet council shall provide for
the following:
(a) Reviews of service and treatment
plans for children for
which such reviews are requested;
(b) Assistance as the council
determines to be
necessary to
meet the needs of children referred by
county family
and children
first councils;
(c) Monitoring and supervision
of a
statewide,
comprehensive, coordinated, multi-disciplinary,
interagency system
for infants and toddlers with developmental
disabilities or delays
and their families, as established
pursuant to federal grants
received and administered by the
department of health for early
intervention services under the
"Individuals with Disabilities Education Act of 2004," 20 U.S.C.A. 1400, as
amended.
(B)(1) Each board of county commissioners shall
establish a
county family and children
first council. The board may invite
any local public
or private agency or
group that funds, advocates,
or provides services to children and families to
have a
representative become a permanent or temporary member of its
county
council. Each county council must
include the following
individuals:
(a) At least three individuals who are not employed by an agency represented on the council and whose families are or have
received
services from an agency represented on the council or
another county's
council. Where possible, the number of members
representing families shall be
equal to twenty per cent of the
council's membership.
(b) The director of the board of
alcohol, drug addiction,
and mental health services that serves
the county, or, in the case
of a county that has a board of
alcohol and drug addiction
services and a community mental
health board, the directors of
both boards. If a board of alcohol, drug
addiction, and mental
health services covers more than one county, the director may
designate a
person to participate on the county's council.
(c) The health commissioner, or the commissioner's
designee,
of the
board of health of each city and general health district in
the
county. If the county has two or more health districts, the
health commissioner membership may be limited to the commissioners
of the two
districts with the largest populations.
(d) The director of the county department of job and
family
services;
(e) The executive director of the
public children
services agency;
(f) The superintendent of the
county board of mental
retardation and developmental disabilities;
(g) The county's juvenile court judge senior in service
or
another judge of the juvenile court designated by the
administrative
judge or, where there is no administrative judge,
by the judge senior in
service;
(h) The superintendent of the city, exempted
village, or
local school district with the largest number of
pupils residing
in the county, as determined by the department
of education, which
shall notify each board of county
commissioners of its
determination at least biennially;
(i) A school superintendent representing all
other school
districts with territory in the county, as
designated at a
biennial meeting of the superintendents of those
districts;
(j) A representative of the
municipal corporation with the
largest population in the
county;
(k) The president of the board of county
commissioners or
an individual designated by the board;
(l) A representative of the regional office of the
department of
youth services;
(m) A representative of the
county's head start agencies, as
defined in section 3301.32 of
the Revised Code;
(n) A representative of the county's early
intervention
collaborative established pursuant to the federal
early
intervention program operated under the
"Education of the
Handicapped Act
Amendments of 1986";
(o) A representative of a local nonprofit entity
that funds,
advocates, or provides services to children and families.
Notwithstanding any other provision of law, the public
members of a county
council are not
prohibited from serving on the
council and making decisions
regarding the duties of the council,
including those involving the funding
of joint projects and those
outlined in the county's service
coordination mechanism
implemented pursuant to
division (C) of this section.
The cabinet council shall establish a state appeals process
to resolve
disputes among the members of a county council
concerning whether reasonable
responsibilities as members are
being shared. The appeals process may be
accessed only by a
majority vote of the council members who are required to
serve on
the council. Upon appeal, the cabinet council may order that
state
funds for services to children and families be redirected to
a county's board
of county commissioners.
(2) The purpose of the county council is to streamline and coordinate existing government services for families seeking services for their children. In seeking to fulfill its purpose, a county council shall provide for the following:
(a) Referrals to the cabinet council of those
children for
whom the
county council cannot provide adequate services;
(b) Development and implementation of a process that
annually evaluates and
prioritizes services,
fills service gaps
where possible, and invents new approaches
to achieve better
results for families and children;
(c) Participation in the development
of a countywide,
comprehensive, coordinated,
multi-disciplinary, interagency system
for infants and toddlers
with developmental disabilities or delays
and their families, as
established pursuant to federal grants
received and administered
by the department of health for early
intervention services
under the "Education of the
Handicapped Act
Amendments of 1986";
(d) Maintenance of an accountability
system to
monitor the
county council's progress in achieving
results for families and
children;
(e) Establishment of a mechanism to
ensure ongoing
input
from a broad representation of families who are receiving
services
within the county system.
(3)(a) Except as provided in division (B)(3)(b)
of this
section, a county council shall comply with the
policies,
procedures, and activities prescribed by the rules or
interagency
agreements of a state department participating on
the cabinet
council whenever the county
council
performs a function subject to
those rules or agreements.
(b) On application of a county council, the
cabinet council
may grant an exemption from any rules or
interagency agreements of
a state department participating on
the council if an exemption is
necessary for the council to
implement an alternative program or
approach for
service delivery to families and
children. The
application shall describe the proposed program
or approach and
specify the rules or interagency agreements from which
an
exemption is necessary. The cabinet council shall approve or
disapprove the application in accordance with standards and
procedures it shall adopt. If an application is approved, the
exemption is effective only while the program
or approach is being
implemented, including a
reasonable period during which the
program or approach is being evaluated for effectiveness.
(4)(a) Each county council shall designate an
administrative
agent for the council from among the following public entities:
the board of alcohol, drug addiction, and mental health services,
including a
board of alcohol and drug addiction or a community
mental health board if the
county is served by separate boards;
the board of county commissioners; any
board of health of the
county's city and general health districts; the county
department
of job and family services; the county agency
responsible for the
administration of children services pursuant to section 5153.15 of
the Revised
Code; the
county board of mental retardation and
developmental disabilities; any of the
county's boards of
education or governing boards of educational service
centers; or
the county's juvenile court. Any of the foregoing public
entities, other than the board of county commissioners, may
decline to serve
as the council's administrative agent.
A county council's administrative agent shall serve as the
council's
appointing authority for any employees of the council.
The council
shall file an annual budget with its
administrative
agent, with copies filed with the county auditor and with the
board of county commissioners, unless the board is serving as the
council's
administrative agent. The council's administrative
agent shall ensure that
all expenditures are handled in accordance
with policies, procedures, and
activities prescribed by state
departments in rules or interagency agreements
that are applicable
to the council's functions.
The administrative agent for a county council may do any of
the following
on behalf of the council:
(i) Enter into agreements or administer contracts with
public or
private entities to fulfill specific council business.
Such agreements and
contracts are exempt from the competitive
bidding requirements of section
307.86 of the Revised
Code if they
have been approved by the county
council and they are for the
purchase of family and child welfare or child
protection services
or other social or job and family
services for families and
children. The approval of the county council is not
required to
exempt agreements or contracts entered into under section 5139.34,
5139.41, or 5139.43 of the Revised
Code from the competitive
bidding requirements
of section 307.86 of the Revised Code.
(ii) As determined by the council, provide financial
stipends,
reimbursements, or both, to family representatives for
expenses related to
council activity;
(iii) Receive by gift, grant, devise, or bequest any
moneys,
lands,
or other property for the purposes for which the council is
established. The
agent shall hold, apply, and dispose of the
moneys, lands, or other property
according to the terms of the
gift, grant, devise, or bequest. Any interest
or earnings shall
be treated in the same manner and are subject to the same
terms as
the gift, grant, devise, or bequest from which it accrues.
(b)(i) If the county council designates the board of county
commissioners as its administrative agent, the board may, by
resolution,
delegate any of its powers and duties as
administrative agent to an executive
committee the board
establishes from the membership of the county council.
The board
shall name to the executive committee at least the individuals
described in divisions (B)(1)(a) to (i) of this section and
may appoint the president of the board or
another individual as
the chair of the executive committee. The executive committee must include at least one family county council representative who does not have a family member employed by an agency represented on the council.
(ii) The executive committee may, with the approval of the
board,
hire an executive director to assist the county council in
administering its
powers and duties. The executive director shall
serve in the unclassified
civil service at the pleasure of the
executive committee. The executive
director may, with the
approval of the executive committee, hire other
employees as
necessary to properly conduct the county council's business.
(iii) The board may require the executive committee to
submit an
annual budget to the board for approval and may amend or
repeal the resolution
that delegated to the executive committee
its authority as the county
council's administrative agent.
(5) Two or more county councils may enter into an
agreement
to administer their county councils jointly by
creating a regional
family and children first council. A regional council
possesses
the same duties and authority
possessed by a county council,
except that the duties and
authority apply regionally rather than
to individual counties. Prior to
entering into an agreement to
create a regional
council, the members of each county council to
be part of the
regional council shall meet to determine whether
all or part of
the members of each county council will serve as
members of the
regional council.
(6) A board of county commissioners may approve a resolution
by a majority
vote
of the board's members that requires the county
council to submit a statement to the board each time
the council
proposes to enter into an agreement, adopt a
plan, or make a
decision,
other than a decision pursuant to section 121.38 of the
Revised Code, that
requires the
expenditure of funds for two or
more families. The
statement shall describe the proposed
agreement, plan, or decision.
Not later than fifteen days after the board receives the
statement, it
shall, by resolution approved by a majority of its
members, approve or
disapprove the agreement, plan, or decision.
Failure of the board to pass a
resolution during that time period
shall be considered approval of the
agreement, plan, or decision.
An agreement, plan, or decision for which a statement is
required to be
submitted to the board shall be implemented only if
it is approved
by the board.
(C) Each county shall develop a
county service coordination
mechanism. The county service coordination mechanism shall serve as the guiding document for coordination of services in the county. For children who also receive services under the help me grow program, the service coordination mechanism shall be consistent with rules adopted by the department of health under section 3701.61 of the Revised Code. All family service coordination plans shall be developed in accordance with the county service coordination mechanism. The
mechanism shall be developed
and approved with the
participation of the county
entities representing child welfare;
mental
retardation and developmental disabilities; alcohol, drug
addiction, and mental health services; health; juvenile judges;
education; the county family and children first council; and the
county
early
intervention collaborative established pursuant to
the
federal early
intervention program operated under the
"Education of the
Handicapped Act Amendments of 1986." The county
shall
establish an implementation schedule for the mechanism. The
cabinet council
may monitor the implementation and administration
of each county's service
coordination mechanism.
Each mechanism shall include all of
the
following:
(1) A procedure for an agency, including a juvenile court, or a family voluntarily seeking service coordination, to refer the child and family to the county council for service coordination in accordance with the county service coordination mechanism;
(2) A procedure ensuring that a family and all appropriate staff from involved agencies, including a representative from the appropriate school district, are notified of and invited to participate in all family service coordination plan meetings;
(3) A procedure that permits a family to initiate a meeting to develop or review the family's service coordination plan and allows the family to invite a family advocate, mentor, or support person of the family's choice to participate in any such meeting;
(4) A procedure for ensuring that a family service coordination plan meeting is conducted before a non-emergency for each child who receives service coordination under the mechanism and for whom an emergency out-of-home placement for all multi-need children, or has been made or for whom a nonemergency out-of-home placement is being considered. The meeting shall be conducted within ten days of a an emergency out-of-home placement for emergency placements of multi-need children. The meeting shall be conducted before a nonemergency out-of-home placement. The family service coordination plan shall outline how the county council members will jointly pay for services, where applicable, and provide services in the least restrictive environment.
(5) A procedure for monitoring the progress and tracking the outcomes of each service coordination plan requested in the county including monitoring and tracking children in out-of-home placements to assure continued progress, appropriateness of placement, and continuity of care after discharge from placement with appropriate arrangements for housing, treatment, and education.
(6) A procedure for protecting the confidentiality of all personal family information disclosed during service coordination meetings or contained in the comprehensive family service coordination plan.
(7) A procedure for assessing the needs and strengths of any child or family that has been referred to the council for service coordination, including a child whose parent or
custodian is voluntarily seeking services, and for ensuring that parents and custodians are afforded the opportunity to participate;
(8) A procedure for development of a family
service coordination plan
described in division
(D) of this section;
(9) A local dispute resolution
process to serve as the
process that must be used first to resolve
disputes among the
agencies represented on the county council concerning the
provision of
services
to children,
including children who are
abused, neglected, dependent, unruly,
alleged unruly, or
delinquent children and under the jurisdiction of the juvenile
court and children whose parents or custodians are
voluntarily
seeking services. The local dispute resolution
process shall
comply
with section
121.38 of the Revised Code. The local dispute resolution process shall be used to resolve disputes between a child's parents or custodians and the county council regarding service coordination. The county council shall inform the parents or custodians of their right to use the dispute resolution process. Parents or custodians shall use existing local agency grievance procedures to address disputes not involving service coordination. The dispute resolution process is in addition to and does not replace other rights or procedures that parents or custodians may have under other sections of the Revised Code.
The
cabinet
council shall adopt rules in
accordance with Chapter 119.
of the
Revised Code establishing an
administrative
review process
to
address problems that arise concerning the operation of a
local
dispute resolution process.
Nothing in division (C)(4) of this section shall be interpreted as overriding or affecting decisions of a juvenile court regarding an out-of-home placement, long-term placement, or emergency out-of-home placement.
(D)
Each county shall develop a comprehensive family service coordination
plan
that does all of the following:
(1) Designates service responsibilities among the various
state and local
agencies that provide services to children and
their families, including
children who are abused, neglected,
dependent, unruly, or delinquent children
and under the
jurisdiction of the juvenile court and children whose parents or
custodians are voluntarily seeking services;
(2) Designates an individual, approved by the family, to track the progress of the family service coordination plan, schedule reviews as necessary, and facilitate the family service coordination plan meeting process;
(3) Ensures that assistance and services to be provided are responsive to the strengths and needs of the family, as well as the family's culture, race, and ethnic group, by allowing the family to offer information and suggestions and participate in decisions. Identified assistance and services shall be provided in the least restrictive environment possible.
(4) Includes a process for dealing with
a child
who is alleged to be an unruly child. The process shall include methods to
divert the child
from the juvenile court system;
(5) Includes timelines for completion of goals specified in the plan with regular reviews scheduled to monitor progress toward those goals;
(6) Includes a plan for dealing with short-term crisis situations and safety concerns.
(E)(1) The process provided for
under
division
(D)(4) of this section may include, but is not limited
to, the following:
(a) Designation of the person or agency to conduct the
assessment of the child and the child's family as described in
division
(C)(7) of this section and designation of
the
instrument or instruments to be used to conduct the assessment;
(b) An emphasis on the personal responsibilities of the
child and the parental responsibilities of the parents, guardian,
or custodian
of the child;
(c) Involvement of local law enforcement agencies and
officials.
(2) The method to divert a child from the juvenile court
system that must be included in the service coordination process
may include, but
is not limited
to, the following:
(a) The preparation of a complaint under section 2151.27 of
the Revised Code
alleging that the child is an unruly child and
notifying the child and
the parents, guardian, or custodian that
the complaint has
been prepared to encourage the child and the
parents, guardian, or
custodian to comply with other methods to
divert the
child from the juvenile court system;
(b) Conducting a meeting with the child, the parents,
guardian, or custodian, and other interested parties to
determine
the appropriate methods to divert the child from the juvenile
court system;
(c) A method to provide to the child and the
child's family
a short-term respite from a short-term crisis situation
involving
a confrontation between the child and the parents, guardian,
or
custodian;
(d) A program to provide a mentor to the child or the
parents, guardian, or custodian;
(e) A program to provide parenting education to the parents,
guardian, or custodian;
(f) An alternative school program for children who are
truant from school, repeatedly disruptive in school, or suspended
or expelled
from school;
(g) Other appropriate measures, including, but not limited
to,
any alternative methods to divert a child from the juvenile
court
system that are identified by the Ohio family and children
first cabinet council.
(F) Each county may review and revise the service
coordination process described in division (D) of this section
based on the availability of funds under Title IV-A of the "Social
Security Act," 110 Stat. 2113 (1996), 42 U.S.C.A. 601, as amended,
or to the extent resources are available from any other federal,
state, or local funds.
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. Except as otherwise provided in this paragraph, "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.
However, if the taxpayer is engaged in the enrichment and commercialization of uranium or uranium products or is engaged in research and development activities related thereto and if the tax credit authority determines it appropriate, "new employee" may include an 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. "New employee" 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, or during the calendar year that includes the tax period, 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 5725.18, 5729.03, 5733.06, or
5747.02 or levied under Chapter 5751. of the Revised Code. The
credit shall be claimed for the taxable years or tax periods specified in the
taxpayer's agreement with the tax credit authority under division
(D) of this section. With respect to taxes imposed under section 5733.06 or 5747.02 or Chapter 5751. of the Revised Code, the credit shall be claimed in the order required under section 5733.98, 5747.98, or 5751.98
of the Revised Code. The amount of the credit available for a taxable year or for a calendar year that includes a tax period equals the new
income tax revenue for that year multiplied by the
percentage specified in the agreement with the tax credit
authority. Any credit granted under this section against the tax imposed by section 5733.06 or 5747.02 of the Revised Code, to the extent not fully utilized against such tax for taxable years ending prior to 2008, shall automatically be converted without any action taken by the tax credit authority to a credit against the tax levied under Chapter 5751. of the Revised Code for tax periods beginning on or after July 1, 2008, provided that the person to whom the credit was granted is subject to such tax. The converted credit shall apply to those calendar years in which the remaining taxable years specified in the agreement end.
(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 fifteen
years, and the first taxable year, or first calendar year that includes a tax period, 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 or for each calendar year that includes a tax period;
(5) A specific method for determining how many new
employees are employed during a taxable year or during a calendar year that includes a tax period;
(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 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 or in the first tax period beginning in the calendar year immediately following the calendar 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 5725.32, 5729.032, or 5747.058 of the Revised Code for the taxable year in
which the relocation occurs and any subsequent taxable years, and shall not claim the tax credit under division (A) of section 5751.50 of the Revised Code for any tax period in the calendar year in which the relocation occurs and any subsequent tax periods.
(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 or, if the applicant or recipient is an insurance company, upon the request of the superintendent of insurance, the chairperson of the
authority
shall provide to the commissioner or superintendent any statement or information
submitted by an applicant or recipient of a tax credit in
connection with the credit. The commissioner or superintendent shall preserve the
confidentiality of the statement or information.
(H) A taxpayer claiming a credit under this section shall
submit to the tax commissioner or, if the taxpayer is an insurance company, to the superintendent of insurance, a copy of the director of
development's certificate of verification under division (D)(7)
of this section with the taxpayer's tax report or return for the taxable year or for the calendar year that includes the tax period. However, failure Failure to submit
a copy of the certificate with the report or return does not invalidate a claim for a
credit if the taxpayer submits a copy of the certificate to the commissioner or superintendent within sixty days after the commissioner or superintendent requests it.
(I) The director of development, after
consultation with
the tax commissioner and the superintendent of insurance 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 or superintendent of insurance, as appropriate. If the amount is certified to the commissioner, the commissioner
shall make an assessment for that amount against the taxpayer
under Chapter 5733., 5747., or 5751. of the Revised Code. If the amount is certified to the superintendent, the superintendent shall make an assessment for that amount against the taxpayer under Chapter 5725. or 5729. of the Revised Code. The time
limitations on assessments under those chapters do not apply to an assessment under this division,
but the commissioner or superintendent, as appropriate, shall make the assessment within one year
after the date the authority certifies to the commissioner or superintendent
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.
(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.
(N) For purposes of the credits granted by this section against the taxes imposed under sections 5725.18 and 5729.03 of the Revised Code, "taxable year" means the period covered by the taxpayer's annual statement to the superintendent of insurance.
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;
(c) Payments made to a related member as defined in section
5733.042 of the Revised Code or to an elected consolidated taxpayer or a combined taxpayer as defined in section 5751.01 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 or tax period 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 or tax period 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 or each calendar year that includes a tax period 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, September 29, 1997.
(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, September 29, 1997, 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 or levied under Chapter 5751. of the Revised Code for a period up to fifteen
taxable years and against the tax levied by Chapter 5751. of the Revised Code for a period of up to fifteen calendar 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 or tax period
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 or tax periods 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 or tax period terminating before the date
specified in the
agreement. Any credit granted under this section against the tax imposed by section 5733.06 or 5747.02 of the Revised Code, to the extent not fully utilized against such tax for taxable years ending prior to 2008, shall automatically be converted without any action taken by the tax credit authority to a credit against the tax levied under Chapter 5751. of the Revised Code for tax periods beginning on or after July 1, 2008, provided that the person to whom the credit was granted is subject to such tax. The converted credit shall apply to those calendar years in which the remaining taxable years specified in the agreement end.
The credit computed under this division is in addition to any credit allowed under division (M) of this section which the tax credit authority may also include in the agreement.
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.
(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. 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 or in the first tax period beginning in the calendar year immediately following the calendar 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, 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, and shall not claim the tax credit under division (A) of section 5751.50 of the Revised Code for the tax period in which the relocation occurs and any subsequent tax periods.
(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 with the taxpayer's tax report or return for the taxable year or for the calendar year that includes the tax period. However, failure Failure to submit a
copy of the certificate with the report or return does not invalidate a claim for a credit if the taxpayer submits a copy of the certificate to the commissioner within sixty days after the commissioner requests it.
(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., 5747., or 5751. of the Revised Code. The time limitations
on assessments under those chapters 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, or in the calendar year that includes the tax period, 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. 122.72. (A) There is hereby created the minority
development financing advisory board to assist in carrying
out the programs created pursuant to sections 122.71 to 122.90 122.89 of the Revised
Code.
(B) The board shall consist of ten members. The director of development or the director's designee shall be a voting member on the board. Seven members shall be appointed by
the governor with the advice and consent of the senate and
selected because of their knowledge of and experience in
industrial, business, and commercial financing, suretyship,
construction, and their understanding of the problems of minority
business enterprises; one member also shall be a member of the senate and appointed by the
president of the senate, and one member also shall be a member of the house of
representatives and
appointed by the speaker of the house of representatives. With respect to the
board, all of the following apply:
(1) Not more than four of the members of the board appointed by the
governor shall be of the same political party.
(2) 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.
(3) The terms of office for the seven members appointed
by the governor shall be for seven years, commencing on the first
day of October and ending on the
thirtieth day of September of the seventh year, except that of the original
seven members, three shall be
appointed for three years and two shall be appointed for five
years.
(4) Any member of the board is eligible for
reappointment.
(5) 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
predecessor's term.
(6) 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.
(7) Before entering upon official duties as a member of
the board, each member shall take an oath
as provided by Section 7 of Article XV, Ohio Constitution.
(8) The governor may, at any time, remove any member appointed by
the governor pursuant to section 3.04 of the Revised Code.
(9) Notwithstanding section 101.26 of the Revised Code, members shall
receive their necessary and actual expenses while engaged in the business of
the board and shall be paid at the per diem rate of step 1 of pay range 31 of
section 124.15 of the Revised Code.
(10) Six members of the
board constitute a quorum and the affirmative
vote of six members is necessary for any action taken by the
board.
(11) In the event of the absence of a member appointed by the
president of the senate or by the speaker of the house of
representatives, either of the following persons may serve in the member's
absence:
(a) The president of the senate or the speaker of the house of
representatives, whoever appointed the absent member;
(b) A member of the senate or of the house of representatives
of the same political party as the absent member, as designated by the
president of the senate or the speaker of the house of representatives,
whoever appointed the absent member.
(12) The board shall annually elect one of its members as
chairperson and another as
vice-chairperson.
Sec. 122.73. (A) The minority development financing advisory board and the
director of development are invested with
the powers and duties provided in sections 122.71 to
122.90 122.89 of
the Revised Code, in order to promote the welfare of the people
of the state by encouraging the establishment and expansion of
minority business enterprises; to stabilize the
economy; to provide employment; to assist in the development
within the state of industrial, commercial, distribution, and
research activities required for the people of the state, and for
their gainful employment; or otherwise to create or preserve jobs
and employment opportunities, or improve the economic welfare of
the people of the state. It is hereby determined that the
accomplishment of those purposes is essential so that the people
of the state may maintain their present high standards of living
in comparison with the people of other states and so that
opportunities for employment and for favorable markets for the
products of the state's natural resources, agriculture, and
manufacturing shall be improved. It further is determined that it is necessary for the
state to establish the programs authorized under sections 122.71 to 122.90 122.89
of the Revised Code to establish the minority development financing
advisory board, and to invest it and the director of development with the
powers and duties provided in sections 122.71 to 122.90 122.89 of the
Revised Code.
(B) The minority development financing advisory board shall
do all of the following:
(1) Make recommendations to the director as to applications for assistance
pursuant to sections 122.71 to 122.90 122.89 of the Revised Code. The board may
revise its recommendations to reflect any changes in the proposed assistance
made by the director.
(2) Advise the director in the administration of sections 122.71 to 122.90 122.89 of
the Revised Code.
(3) Adopt bylaws to govern the conduct of the business of the board.
Sec. 122.74. (A)(1) The director of development shall do all of the following:
(a) Receive applications for assistance under sections 122.71 to 122.89 of the Revised Code and applications from surety companies for bond guarantees under section 122.90 of
the Revised Code, and, after processing but subject to division (A)(2) of this section, forward them to the
minority development financing advisory board together with necessary
supporting information;
(b) Receive the recommendations of the board and make a final determination
whether to approve the application for assistance;
(c) Receive recommendations from a regional economic development entity for loans made under section 122.76 of the Revised Code and make a final determination, notwithstanding divisions (A)(1) and (2) of this section, whether to approve the proposed loan;
(d) Transmit the director's determinations to approve assistance to the
controlling board unless such assistance falls under section 122.90 of the Revised Code and has been previously approved by the controlling board, together with any information the controlling board requires
for its review and decision as to whether to approve the assistance.
(2) The director is not required to submit any determination, data, terms, or any other application materials or information to the minority development financing advisory board when provision of the assistance has been recommended to the director by a regional economic development entity or when an application for a surety company for bond guarantees under section 122.90 of the Revised Code has been previously approved by the controlling board.
(B) The director may do all of the following:
(1) Fix the rate of interest and charges to be made upon or with respect
to moneys loaned or guaranteed by the director and the terms upon which
mortgages and lease rentals may be guaranteed and the rates of charges to be
made for them and make provisions for the operation of the funds
established by the director in accordance with this section and sections
122.80, 122.88, and 122.90 of the Revised Code;
(2) Loan and guarantee moneys from the fund established in
accordance with
section 122.80 of the Revised Code pursuant to and in compliance with sections
122.71 to
122.90 of the Revised Code.
(3) Acquire in the name of the director any property of
any kind or
character in accordance with sections 122.71 to 122.90 of the Revised Code, by
purchase,
purchase at foreclosure, or exchange on such terms and in such manner as the
director considers proper;
(4) 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 sections 122.71 to 122.90 of the Revised Code;
(5) Maintain, protect, repair, improve, and insure any
property that the
director has acquired and dispose of it by sale, exchange, or lease for the
consideration and on the terms and in the manner as the director considers
proper, but the director shall not operate any such property as a business
except as the lessor of it;
(6)(a) When the cost of any contract for the maintenance,
protection, repair, or improvement of any property held by the director, other
than compensation for personal services, involves an expenditure of more than
fifty thousand dollars, the director shall make a written contract with the
lowest responsive and responsible bidder in accordance with section 9.312 of
the Revised Code after advertisement for not less than two consecutive weeks
in a newspaper of
general circulation in the county where such contract, or some substantial
part of it, is to be performed, and in such other publications as the director
determines, which notice shall state the general character of the work and the
general character of the materials to be furnished, the place where plans and
specifications therefor may be examined, and the time and place of receiving
bids.
(b) Each bid for a contract for the construction, demolition,
alteration, repair, or reconstruction of an improvement shall contain the full
name of every person interested in it and meet the requirements of section
153.54 of the Revised Code.
(c) Each bid for a contract, except as provided in division
(B)(6)(b) of this section, shall contain the full
name of
every person interested in it and shall be accompanied by bond or certified
check on a solvent bank, in such amount as the director considers sufficient,
that if the bid is accepted a contract will be entered into and the
performance of the proposal secured.
(d) The director may reject any and all bids.
(e) A bond with good and sufficient surety, approved by the
director, shall be required of every contractor awarded a contract except as
provided in division (B)(6)(b) of this section, in
an amount equal to at least fifty per cent of the contract price, conditioned
upon faithful performance of the contract.
(7) Employ or contract with financial consultants,
appraisers, consulting
engineers, superintendents, managers, construction and accounting experts,
attorneys, and other employees and agents as are necessary in the director's
judgment and fix their compensation;
(8) Receive and accept grants, gifts, and contributions of money,
property, labor, and other things of value to be held, used, and applied only
for the purpose for which the grants, gifts, and contributions are made, from
individuals, private and public corporations, from the United
States or any agency thereof, from the state or any agency thereof,
and from any political subdivision of the state, and may agree to repay any
contribution of money or to return any property contributed or the value
thereof at such times, in amounts, and on terms and conditions,
excluding the payment of interest, as the director determines at the time the
contribution is made, and may evidence the obligations by notes, bonds, or
other written instruments;
(9) Establish with the treasurer of state the funds
provided in sections
122.80 and 122.88 of the Revised Code in addition to such funds as the
director determines
are necessary or proper;
(10) Adopt rules under Chapter 119. of the Revised Code
necessary to implement
sections 122.71 to 122.90 of the Revised Code.
(11) Do all acts and things necessary or proper to carry out the
powers
expressly granted and the duties imposed in sections 122.71 to 122.90 of the
Revised Code.
(C)(1) All expenses and obligations incurred by the director in
carrying out the director's powers and in exercising the
director's duties under sections
122.71 to 122.90 of the Revised Code shall be payable solely from revenues or
other receipts
or income of the director, from grants, gifts, and contributions, or funds
established in accordance with such sections. Such sections do not authorize
the director to incur indebtedness or to impose liability on the state or any
political subdivision of the state.
(2) Financial statements and other data submitted to the director by any
corporation, partnership, or person in connection with financial assistance
provided under sections 122.71 to 122.90 of the Revised Code, or any
information taken from such statements or data for any purpose, shall not be
open to public inspection.
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.
(E) The director of development, with controlling board approval, may approve one application per fiscal year from each surety bond company for bond guarantees in an amount requested to support one fiscal year of that company's activity under this section. A surety bond company that applies for a bond guarantee under this division, whether or not the guarantee is approved, is not restricted from also applying for individual bond guarantees under division (A) of this section.
Sec. 124.09. The director of administrative services
shall do all of the following:
(A) Prescribe, amend, and enforce administrative rules for
the purpose of carrying out the functions, powers, and duties
vested in and imposed upon the director by this chapter.
Except in the
case of rules adopted pursuant to section 124.14 of the Revised
Code, the prescription, amendment, and enforcement of rules under
this division are subject to approval, disapproval, or
modification by the state personnel board of review.
(B) Keep records of the director's proceedings and records
of all applications for examinations and all examinations conducted by
the director. All such of those records, except examinations, proficiency assessments,
and recommendations of former
employers, shall be open to public inspection under reasonable
regulations; provided the governor, or any person designated by
the governor, may, for the purpose of investigation, have
free access to all such of those records, whenever the governor has reason to believe
that this chapter, or the administrative rules of the director prescribed
under such sections this chapter, are being violated.
(C) Prepare, continue, and keep in the office of the
department of administrative services a complete roster of all persons in the classified
service who are paid directly by warrant of the auditor of state director of budget and management. This
roster shall be open to public inspection at all
reasonable hours. It shall show in reference to each of
those persons, the person's name, address, date of
appointment to or employment in the classified service,
and salary or compensation, the title of the place
or office that the person holds, the nature of the duties
of that place or office, and, in case of
the person's removal or resignation, the date of
the termination of that service.
(D) Approve the establishment of all new positions in the
civil service of the state and the reestablishment of abolished
positions.;
(E) Require the abolishment of any position in the civil
service of the state that is not filled after a period of twelve
months unless it is determined that the position is seasonal in
nature or that the vacancy is otherwise justified.;
(F) Make investigations concerning all matters touching
the enforcement and effect of this chapter and the
administrative rules of the director of administrative services prescribed under this chapter. In
the course of such those investigations, the
director or the director's deputy may administer oaths and
affirmations
and take testimony relative to any matter which the director has authority to
investigate.
(G) Have the power to subpoena and require the attendance
and testimony of witnesses and the production of books, papers,
public records, and other documentary evidence pertinent to the
investigations, inquiries, or hearings on any matter which the
director has authority to investigate, inquire into, or hear, and to
examine them in relation to any matter which the director has authority to
investigate, inquire into, or hear. Fees shall be allowed to
witnesses, and, on their certificate, duly audited, shall be paid
by the treasurer of state, or, in the case of municipal or civil
service township civil service commissions, by the county
treasurer, for attendance and traveling, as is provided in
section 2335.06 of the Revised Code for witnesses in courts of
record. All officers in the civil service of the state or any of
the political subdivisions thereof of the state and their deputies, clerks,
and employees shall attend and testify when summoned to do so by
the director or the state personnel board of review. Depositions
of witnesses may be taken by the director or the board, or any
member thereof of the board, in the manner prescribed by law for like
depositions in civil actions in the courts of common pleas. In
case any person, in disobedience to any subpoena issued by the
director or the board, or any member thereof of the board, or the chief
examiner, fails or refuses to attend and testify to any matter
regarding which the person may be lawfully interrogated, or
produce any
documentary evidence pertinent to any investigation, inquiry, or
hearing, the court of common pleas of any county, or any judge
thereof of the court of common pleas of any county, where such the disobedience, failure, or refusal occurs,
upon application of the director or the board, or any member
thereof of the board, or a municipal or civil service township civil service
commission, or any commissioner thereof of such a commission, or their chief examiner,
shall compel obedience by attachment proceedings for contempt as
in the case of disobedience of the requirements of a subpoena
issued from such courts the court or a refusal to testify therein in the court.
(H) Make a report to the governor, on or before the first
day of January of each year, showing the director's
actions, the rules
and all exceptions thereto to the rules in force, and any recommendations for
the more effectual accomplishment of the purposes of this
chapter. The director shall also furnish any special reports
to the governor whenever the governor requests
them. Such The reports
shall be printed for public distribution under the same
regulations as are the reports of other state officers, boards,
or commissions.
Sec. 124.11. The civil service of the state and the
several counties, cities, civil service townships, city health
districts, general health districts, and city school districts
thereof of the state shall be divided into the unclassified service and the
classified service.
(A) The unclassified service shall comprise the following
positions, which shall not be included in the classified service,
and which shall be exempt from all examinations required by this
chapter:
(1) All officers elected by popular vote or persons
appointed to fill vacancies in such those offices;
(2) All election officers as defined in section 3501.01 of
the Revised Code;
(3) The members of all boards and commissions, and heads
of principal departments, boards, and commissions appointed by
the governor or by and with the governor's consent; and the members of all
boards and commissions and all heads of departments appointed by
the mayor, or, if there is no mayor, such other similar chief
appointing authority of any city or city school district; except. Except
as otherwise provided in division (A)(17) or (C) of this section,
this chapter does not exempt the chiefs of police departments and
chiefs of fire departments of cities or civil service townships
from the competitive classified service;.
(4) The members of county or district licensing boards or
commissions and boards of revision, and deputy county auditors;
(5) All officers and employees elected or appointed by
either or both branches of the general assembly, and such
employees of the city legislative authority as are engaged in
legislative duties;
(6) All commissioned, warrant, and noncommissioned
officers and enlisted persons in the
Ohio organized militia, including
military appointees in the
adjutant general's department;
(7)(a) All presidents, business managers, administrative
officers, superintendents, assistant superintendents, principals,
deans, assistant deans, instructors, teachers, and such employees
as are engaged in educational or research duties connected with
the public school system, colleges, and universities, as
determined by the governing body of the public school system,
colleges, and universities;
(b) The library staff of any library in the state
supported wholly or in part at public expense.
(8) Four clerical and administrative support employees for
each of the elective state officers;, and three clerical and
administrative support employees for other elective officers and
each of the principal appointive executive officers, boards, or
commissions, except for civil service commissions, that are
authorized to appoint such clerical and administrative support
employees;
(9) The deputies and assistants of state agencies authorized to act for and
on behalf of the agency, or holding a fiduciary or administrative relation to
that agency and those persons employed by and directly responsible
to elected county officials or a county administrator and holding a
fiduciary or
administrative relationship to such elected county officials or county
administrator, and the employees of such county officials whose fitness
would be
impracticable to determine by competitive examination, provided
that division (A)(9) of this section shall not affect those
persons in county employment in the classified service as of
September 19, 1961. Nothing in division (A)(9) of this section
applies to any position in a county department of job and
family services
created pursuant to Chapter 329. of the Revised
Code.
(10) Bailiffs, constables, official stenographers, and
commissioners of courts of record, deputies of clerks of the
courts of common pleas who supervise, or who handle public moneys
or secured documents, and such officers and employees of courts
of record and such deputies of clerks of the courts of common
pleas as the director of administrative services finds it
impracticable to determine their fitness by competitive
examination;
(11) Assistants to the attorney general, special counsel
appointed or employed by the attorney general, assistants to
county prosecuting attorneys, and assistants to city directors of
law;
(12) Such teachers and employees in the agricultural
experiment stations; such students in normal schools, colleges,
and universities of the state who are employed by the state or a
political subdivision of the state in student or intern
classifications; and such unskilled labor positions as the
director of administrative services or any municipal civil
service commission may find it impracticable to include in the
competitive classified service; provided such exemptions shall be
by order of the commission or the director, duly entered on the
record of the commission or the director with the reasons for
each such exemption;
(13) Any physician or dentist who is a full-time employee
of the department of mental health or the department of mental
retardation and developmental disabilities or of an institution
under the jurisdiction of either department; and physicians who
are in residency programs at the institutions;
(14) Up to twenty positions at each institution under the
jurisdiction of the department of mental health or the department
of mental retardation and developmental disabilities that the
department director determines to be primarily administrative or
managerial; and up to fifteen positions in any division of either
department, excluding administrative assistants to the director
and division chiefs, which are within the immediate staff of a
division chief and which the director determines to be primarily
and distinctively administrative and managerial;
(15) Noncitizens of the United States employed by the
state, or its counties or cities, as physicians or nurses who are
duly licensed to practice their respective professions under the
laws of Ohio this state, or medical assistants, in mental or
chronic disease hospitals, or institutions;
(16) Employees of the governor's office;
(17) Fire chiefs and chiefs of police in civil service
townships appointed by boards of township trustees under section
505.38 or 505.49 of the Revised Code;
(18) Executive directors, deputy directors, and program
directors employed by boards of alcohol, drug addiction, and
mental health services under Chapter 340. of the Revised Code,
and secretaries of the executive directors, deputy directors, and
program directors;
(19) Superintendents, and management employees as defined
in section 5126.20 of the Revised Code, of county boards of
mental retardation and developmental disabilities;
(20) Physicians, nurses, and other employees of a county
hospital who are appointed pursuant to sections 339.03 and 339.06
of the Revised Code;
(21) The executive director of the state medical board,
who is appointed pursuant to division (B) of section 4731.05 of
the Revised Code;
(22) County directors of job and family services as
provided in
section 329.02 of the Revised Code and administrators appointed
under section 329.021 of the Revised Code;
(23) A director of economic development who is hired
pursuant to division (A) of section 307.07 of the Revised Code;
(24) Chiefs of construction and compliance, of operations and maintenance,
and of licensing and certification in the division of industrial compliance in
the department of commerce;
(25) The executive director of a county transit system appointed under
division (A) of section 306.04 of the Revised Code;
(26) Up to five positions at each of the administrative
departments listed in section 121.02 of the Revised Code and at the department
of taxation, department of the adjutant general, department of education,
Ohio board of regents, bureau of workers'
compensation, industrial commission, state lottery
commission, and public utilities commission of Ohio that the head of
that administrative department or of that other state agency determines to be
involved in policy development and implementation. The head of the
administrative department or other state agency shall set the compensation for
employees in these positions at a rate that is not less than the minimum
compensation specified in pay range 41 but not more than the maximum
compensation specified in pay range 44 of salary schedule E-2 in
section 124.152 of the Revised Code. The authority to establish positions in
the unclassified service under division (A)(26) of this
section is in addition to and does not limit any other authority that an
administrative department or
state agency has under the Revised Code to establish positions, appoint
employees, or set compensation.
(27) Employees of the department of agriculture employed
under section 901.09 of the Revised Code;
(28) For cities, counties, civil service townships, city health
districts, general
health districts, and city school districts, the deputies and assistants of
elective or principal executive officers authorized to act for and in the
place of their principals or holding a fiduciary relation to their
principals;
(29) Employees who receive external interim, intermittent, or temporary
appointments under division (B) of section 124.30 of the Revised Code;
(30) Employees appointed to administrative staff positions for which an
appointing authority is given specific statutory authority to set
compensation;
(31) Employees appointed to highway patrol cadet or highway patrol cadet
candidate classifications.
(B) The classified service shall comprise all persons in
the employ of the state and the several counties, cities, city
health districts, general health districts, and city school
districts thereof of the state, not specifically included in the unclassified
service. Upon the creation by the board of trustees of a civil
service township civil service commission, the classified service
shall also comprise, except as otherwise provided in division
(A)(17) or (C) of this section, all persons in the employ of a
civil service township police or fire departments department having ten or
more full-time paid employees. The classified service consists
of two classes, which shall be designated as the competitive
class and the unskilled labor class.
(1) The competitive class shall include all positions and
employments in the state and the counties, cities, city health
districts, general health districts, and city school districts
thereof of the state, and, upon the creation by the board of trustees of a
civil service township of a township civil service commission, all
positions in a civil service township police or fire departments department
having ten or more full-time paid employees, for which it is
practicable to determine the merit and fitness of applicants by
competitive examinations. Appointments shall be made to, or
employment shall be given in, all positions in the competitive
class that are not filled by promotion, reinstatement, transfer,
or reduction, as provided in this chapter, and the rules of the
director of administrative services, by appointment from those
certified to the appointing officer in accordance with this
chapter.
(2) The unskilled labor class shall include ordinary
unskilled laborers. Vacancies in the labor class shall be filled
by appointment from lists of applicants registered by the
director or a commission, as applicable. The director or the commission, by rule, shall
require
an applicant for registration in the labor class to furnish such
evidence or take such tests as the director or commission considers proper with
respect to age, residence, physical condition, ability to labor,
honesty, sobriety, industry, capacity, and experience in the work
or employment for which application is made. Laborers who
fulfill the requirements shall be placed on the eligible list for the kind of
labor or employment sought, and preference shall be given in
employment in accordance with the rating received from such that
evidence or in such those tests. Upon the request of an appointing
officer, stating the kind of labor needed, the pay and probable
length of employment, and the number to be employed, the director or commission
shall certify from the highest on the list double the number to
be employed; from this number, the appointing officer shall
appoint the number actually needed for the particular work. If
more than one applicant receives the same rating, priority in
time of application shall determine the order in which their
names shall be certified for appointment.
(C) A municipal or civil service township civil service
commission may place volunteer firefighters who
are paid on a
fee-for-service basis in either the classified or the
unclassified civil service.
(D) This division does not apply to persons in the unclassified
service who have the right to resume positions in the classified service under
sections 4121.121, 5119.071, 5120.07, 5120.38, 5120.381, 5120.382, 5123.08,
5139.02, and 5501.19
of the Revised Code.
An appointing authority whose employees
are paid directly by warrant of the auditor of state director of budget and management
may appoint a person who holds a certified position in the classified service
within the appointing authority's agency to a position in the unclassified
service within that agency. A person appointed pursuant
to
this division to a position in the unclassified service shall retain the right
to resume the position and status held by
the person in the classified service immediately prior to the person's
appointment to the position in the unclassified service, regardless of the
number of positions the person
held in the unclassified service. Reinstatement An employee's right to resume a position in the classified service may only be exercised when an appointing authority demotes the employee to a pay range lower than the employee's current pay range or revokes the employee's appointment to the unclassified service. An employee forfeits the right to resume a position in the classified service when the employee is removed from the position in the unclassified service due to incompetence, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, violation of this chapter or the rules of the director of administrative services, any other failure of good behavior, any other acts of misfeasance, malfeasance, or nonfeasance in office, or conviction of a felony. An employee also forfeits the right to resume a position in the classified service upon transfer to a different agency.
Reinstatement to a position in the
classified service shall be to a position substantially equal to that position
in the classified service held
previously, as certified by the director of administrative services. If the
position the person previously held in the classified service has been placed
in the unclassified
service or is otherwise unavailable, the person shall be appointed to a
position in the classified service within the appointing authority's agency
that the director of administrative services certifies is comparable in
compensation to the position the person previously held in the classified
service. Service in the
position in the unclassified service shall be counted as service in the
position in the classified service held by the person immediately prior to the
person's appointment to the position in the unclassified service. When a
person is reinstated
to a position in the classified service as provided in this division, the
person is entitled to all rights, status, and benefits accruing to the
position in the classified service during the person's time of service in the
position in the
unclassified service.
Sec. 124.134. (A) Each full-time permanent state employee paid
in accordance with section 124.152 of the Revised Code and those
employees listed in divisions (B)(2) and (4) of section 124.14 of
the Revised Code, after service of one year, shall have earned
and will be due upon the attainment of the first year of
employment, and annually thereafter, eighty hours of vacation
leave with full pay. One year of service shall be computed on
the basis of twenty-six biweekly pay periods. A full-time
permanent state employee with five or more years of service shall
have earned and is entitled to one hundred twenty hours of
vacation leave with full pay. A full-time permanent state
employee with ten or more years of service shall have earned and
is entitled to one hundred sixty hours of vacation leave with
full pay. A full-time permanent state employee with fifteen or
more years of service shall have earned and is entitled to one
hundred eighty hours of vacation leave with full pay. A
full-time permanent state employee with twenty or more years of
service shall have earned and is entitled to two hundred hours of
vacation leave with full pay. A full-time permanent state
employee with twenty-five or more years of service shall have
earned and is entitled to two hundred forty hours of vacation
leave with full pay. Such vacation leave shall accrue to the
employee at the rate of three and one-tenth hours each biweekly
period for those entitled to eighty hours per year; four and
six-tenths hours each biweekly period for those entitled to one
hundred twenty hours per year; six and two-tenths hours each
biweekly period for those entitled to one hundred sixty hours per
year; six and nine-tenths hours each biweekly period for those entitled
to one hundred eighty hours per year; seven and seven-tenths
hours each biweekly period for those entitled to two hundred
hours per year; and nine and two-tenths hours each biweekly period for
those entitled to two hundred forty hours per year.
The amount of an employee's service shall be determined in
accordance with the standard specified in section 9.44 of the
Revised Code. Credit for prior service, including an
increased vacation accrual rate and longevity supplement, shall take effect
during the first pay period that begins immediately following the date the
director of administrative services approves granting credit for that prior
service. 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 amount of vacation leave for the
period prior to the date of the director's approval of the grant of credit for
prior service.
Part-time permanent employees who are paid in
accordance with section 124.152 of the Revised Code and full-time
permanent employees subject to this section who are in active pay
status for less than eighty hours in a pay period shall earn
vacation leave on a prorated basis. The ratio between the hours
worked and the vacation hours earned by these classes of
employees shall be the same as the ratio between the hours worked
and the vacation hours earned by a full-time permanent employee
with the same amount of service as provided for in this section.
Vacation leave is not available for use until it appears on the employee's earning statement and the compensation described in the earning statement is available to the employee.
(B) Employees granted leave
under this section shall forfeit their right to take or to be paid for any
vacation leave to their credit which is in excess of the accrual for three
years. Such excess leave shall be eliminated from the employees'
leave balance. If an employee's vacation leave credit is at, or will reach
in the immediately following pay period, the
maximum of the accrual for three years and the
employee has been
denied the use of vacation leave during the immediately preceding
twelve months, the employee, at the employee's request,
shall be paid in a pay period for the
vacation leave the
employee was denied, up to the maximum amount the
employee would
be entitled to be paid for in any pay period. An employee
is not entitled to receive payment for vacation leave denied in any pay period
in which
the employee's vacation leave credit is not at, or will not reach in the
immediately following pay period, the maximum of accrual for
three years. Any vacation leave for which an
employee receives payment shall be deducted from the
employee's vacation leave balance. Such payment shall not be made for
any leave
accrued in the same calendar year in which the payment is made.
(C) Upon separation from state service an employee
granted leave under this section is entitled
to compensation at the employee's current rate of pay for
all unused
vacation leave accrued under this section or section 124.13 of
the Revised Code to the employee's credit. In case of
transfer of an
employee from one state agency to another, the employee shall retain the
accrued and unused vacation leave. In
case of death of an employee, such unused vacation leave shall be
paid in accordance with section 2113.04 of the Revised Code, or
to the employee's estate. An employee serving in a temporary work level or
an interim appointment who is eligible to receive compensation under this
division shall be compensated at the base rate of pay of the employee's normal
classification.
Sec. 124.135. (A) State employees are entitled to paid leave when summoned for
jury duty by a court of competent jurisdiction or.
(B) State employees are entitled to paid leave when subpoenaed to appear
before any court, commission, board, or other legally constituted body
authorized by law to compel the attendance of witnesses, if the employee is
not a party to the action. Each This division does not apply if the state employee is a party to the action or proceeding involved or is subpoenaed as a result of secondary employment outside the service of the state.
(C) Each full-time permanent state employee paid in
accordance with section 124.152 of the Revised Code and those employees
described in divisions (B)(2) and (4) of section 124.14 of the Revised Code also
may also be entitled, at in their appointing authority's discretion, be entitled to paid
leave when appointed to serve on advisory boards or commissions, or when
soliciting for charities for which payroll deductions are made.
Sec. 124.137. There is hereby created in the state
treasury the parental leave benefit fund. The director of
administrative services shall use moneys credited to the fund
solely for the payment of parental leave benefits available to
employees paid by warrant of the auditor of state director of budget and management and for payment of any
direct and indirect costs that are attributable to consultants or a
third-party administrator and that are necessary to administer this
section. All
investment earnings of the parental leave fund shall be credited
to the fund.
The director of administrative services, in consultation
with the director of budget and management, shall determine a
rate at which the payrolls of all state agencies with employees
paid by warrant of the auditor of state director of budget and management shall be charged each pay
period that is sufficient to cover the costs of administering the
parental leave benefit program. The rate shall be based on the
total number of such employees and may be adjusted as the
director of administrative services, in consultation with the
director of budget and management, considers necessary. All
money collected from the assessment shall be credited to the
parental leave benefit fund.
Sec. 124.138. The director of administrative services may
establish paid
leaves and employee benefits for eligible full-time fire fighters
employed by
the adjutant general's department that are comparable to paid
leaves and
employee benefits provided to other full-time permanent employees
paid directly
by warrant of the auditor of state director of budget and management. Any paid leaves and employee
benefits
established under this section shall be limited to fire fighters
regularly scheduled to work at least one hundred four hours per biweekly pay
period and shall be adjusted so that the ratio between the hours worked and
the paid leave hours earned shall be the same as the ratio between the hours
worked and the
paid leave hours earned by full-time permanent employees with the same amount
of accrued service. The director of administrative services shall adopt rules in accordance with
Chapter 119. of the Revised Code governing any paid leaves and employee
benefits established under this section.
Sec. 124.139. (A) A full-time state employee shall receive
up to two hundred
forty hours of leave with pay during each
calendar year to use
during those hours when the employee is
absent from work because
of the employee's donation of any portion
of an adult liver or because of the employee's donation of an
adult kidney.
(B) A full-time state employee shall receive up to fifty-six
hours of leave
with pay during each calendar year to use during
those hours when
the employee is absent from work because of the
employee's donation of adult bone marrow.
(C) An appointing authority shall compensate a full-time
state
employee who uses leave granted under division (A) or (B) of
this
section at the employee's regular rate of pay for those
regular
work hours during which the employee is absent from work.
(D)(1) The director of administrative services, under
section 124.04 of the Revised Code, shall provide information
about this section to full-time employees who are paid directly by
warrant
of the auditor of state director of budget and management.
(2) The appointing authority of full-time employees who are
not paid
directly by warrant of the auditor of state director of budget and management shall
periodically
provide information about this section to those
employees.
Sec. 124.14. (A)(1) The director of administrative services
shall establish, and may modify or repeal, by rule, a job
classification plan for all positions, offices, and employments
the salaries of which are paid in whole or in part by the state.
The director shall group jobs within a classification so that the
positions are similar enough in duties and responsibilities to be
described by the same title, to have the same pay assigned with
equity, and to have the same qualifications for selection
applied. The director shall, by rule, assign a classification
title to each classification within the classification plan.
However, the director shall consider in establishing
classifications, including classifications with parenthetical
titles, and assigning pay ranges such factors as duties performed
only on one shift, special skills in short supply in the labor
market, recruitment problems, separation rates, comparative
salary rates, the amount of training required, and other
conditions affecting employment. The director shall describe the
duties and responsibilities of the class and establish the
qualifications for being employed in that position, and shall
file with the secretary of state a copy of specifications for all
of the classifications. The director shall file new, additional,
or revised specifications with the secretary of state before
being used.
The director shall, by rule, assign each
classification, either on a statewide basis or in particular
counties or state institutions, to a pay range established under
section 124.15 or section 124.152 of the Revised Code. The
director may assign a classification to a pay range on a
temporary basis for a period of time designated in the rule. The director
may establish, by rule adopted under Chapter 119. of the Revised Code,
experimental classification plans for some or all employees paid directly by
warrant of the auditor of state director of budget and management. The rule shall include
specifications for each classification within the plan and shall specifically
address compensation ranges, and methods for advancing within the ranges, for
the classifications, which may be assigned to pay ranges other than the pay
ranges established under section 124.15 or 124.152 of the Revised Code.
(2) The director of administrative services may reassign to a proper classification those
positions that
have been assigned to an improper classification. If the compensation of an
employee in such a reassigned position exceeds the maximum rate
of pay for the employee's new classification, the employee shall be placed in
pay step X and shall not receive an increase in compensation until
the maximum rate of pay for that
classification exceeds the employee's compensation.
(3) The director may reassign an exempt employee, as defined in
section 124.152 of the Revised Code, to a bargaining unit classification if
the director 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 director's
discretion.
(4) The director shall, by rule, assign related
classifications, which form a career progression, to a
classification series. The director shall, by rule, assign each
classification in the classification plan a five-digit number,
the first four digits of which shall denote the classification
series to which the classification is assigned. When a career
progression encompasses more than ten classifications, the
director shall, by rule, identify the additional classifications
belonging to a classification series. Such additional
classifications shall be part of the classification series,
notwithstanding the fact that the first four digits of the number
assigned to the additional classifications do not correspond to
the first four digits of the numbers assigned to other
classifications in the classification series.
(5) The director shall adopt rules in accordance with Chapter
119. of the Revised Code for the establishment of a
classification plan for county agencies that elect not to use the
services and facilities of a county personnel department. The
rules shall include a methodology for the establishment of titles
unique to county agencies, the use of state classification titles
and classification specifications for common positions, the
criteria for a county to meet in establishing its own
classification plan, and the establishment of what constitutes a
classification series for county agencies.
(B) Division (A) of this section and sections 124.15 and
124.152 of the Revised Code do not apply to the following
persons, positions, offices, and employments:
(2) Legislative employees, employees of the legislative
service commission, employees in the office of the governor, employees who are
in the unclassified civil service and exempt from collective bargaining
coverage in the office of the secretary of state, auditor of state, treasurer
of state, and attorney general, and employees of the supreme court;
(3) Employees of a county children services board that
establishes compensation rates under section 5153.12 of the
Revised Code;
(4) Any position for which the authority to determine
compensation is given by law to another individual or entity;
(5) Employees of the bureau of workers' compensation
whose compensation the administrator of workers' compensation
establishes under division (B) of section 4121.121 of the Revised
Code.
(C) The director may employ a consulting agency to aid and
assist the director in carrying out this section.
(D)(1) When the director proposes to modify a classification
or the assignment of classes to appropriate pay ranges, the
director shall send written notice of the proposed rule to the
appointing authorities of the affected employees thirty days
before the hearing on the proposed rule. The appointing authorities shall
notify the affected employees regarding the proposed rule. The
director shall also
send such appointing authorities notice of any final rule which
is adopted within ten days after adoption.
(2) When the director proposes to reclassify any employee so that
the employee
is adversely affected, the director shall give to the employee affected and to
the employee's
appointing
authority a written notice setting forth the proposed new
classification, pay range, and salary. Upon the request of any
classified employee who is not serving in a probationary period,
the director shall perform a job audit to review the
classification of the employee's position to determine whether
the position is properly classified. The director shall give to
the employee affected and to the employee's appointing
authority a written
notice of the director's determination whether or not to
reclassify the position or to reassign the employee to another
classification. An employee or appointing authority desiring a
hearing shall file a written request for the hearing
with the state
personnel board of review within thirty days after receiving the
notice. The board shall set the matter for a hearing and notify
the employee and appointing authority of the time and place of
the hearing. The employee, appointing authority, or any
authorized representative of the employee who wishes to submit
facts for the consideration of the board shall be afforded
reasonable opportunity to do so. After the hearing, the board
shall consider anew the reclassification and may order the
reclassification of the employee and require the director to
assign the employee to such appropriate classification as
the facts and
evidence warrant. As provided in division (A) of section 124.03
of the Revised Code, the board may determine the most appropriate
classification for the position of any employee coming before the board, with
or without a job
audit. The board shall disallow any reclassification
or reassignment classification of any employee when it finds that
changes have been made in the duties and responsibilities of any
particular employee for political, religious, or other unjust
reasons.
(E)(1) Employees of each county department of job and family
services shall be paid a salary or wage
established by the board of county commissioners. The
provisions of section 124.18 of the Revised Code concerning
the standard work week apply to employees of county
departments of job and family services. A board of county commissioners
may do either of the following:
(a) Notwithstanding any other section of the Revised Code,
supplement the sick leave, vacation leave, personal leave, and
other benefits of any employee of the county department of job and family
services of that county, if the employee is eligible for the
supplement under a written policy providing for the supplement;
(b) Notwithstanding any other section of the Revised Code,
establish alternative schedules of sick leave, vacation leave,
personal leave, or other benefits for employees not inconsistent
with the provisions of a collective bargaining agreement covering
the affected employees.
(2) The provisions of division (E)(1) of this section do
not apply to employees for whom the state employment relations
board establishes appropriate bargaining units pursuant to
section 4117.06 of the Revised Code, except in either of the
following situations:
(a) The employees for whom the state employment relations
board establishes appropriate bargaining units elect no
representative in a board-conducted representation election.
(b) After the state employment relations board establishes
appropriate bargaining units for such employees, all employee
organizations withdraw from a representation election.
(F) With respect to officers and employees of
state-supported colleges and universities and except for the powers
and duties of the state personnel board of review set forth in section
124.03 of the Revised Code, the powers,
duties, and functions of the department of administrative
services and of the director of administrative services specified in
this chapter are hereby vested in and assigned to the boards of trustees
of those colleges
and universities, or those officers to whom the boards of trustees
have delegated these powers, duties, and functions, subject to a
periodic audit and review by the director.
In exercising the powers, duties, and functions of the director, the boards
of trustees or the officers to whom these powers, duties, and functions were
delegated need not establish a job classification plan for unclassified
employees and may proceed under section 111.15 of the Revised Code when
exercising the
director's rule-making authority. The adoption, amendment, rescission, and
enforcement of rules under this division is not subject to approval,
disapproval, or modification by the state personnel board of review. Nothing
in this division shall be construed to limit the right of any classified
employee who possesses the right of appeal to the state personnel board of
review to continue to possess that right of appeal.
Upon
the director's determination or finding of the misuse by the board of
trustees of or a designated
officer of a state-supported college or university of
the authority granted under this
division, the
director shall order and direct the personnel functions of that
state-supported college or university until
sections 124.01 to 124.64 of the Revised Code
have been fully complied with.
(G)(1) Each board of county commissioners may, by a
resolution adopted by a majority of its members, establish a
county personnel department to exercise the powers, duties, and
functions specified in division (G) of this section. As used in
division (G) of this section, "county personnel department" means
a county personnel department established by a board of county
commissioners under division (G)(1) of this section.
(2) Each board of county commissioners may, by a
resolution adopted by a majority of its members, designate the
county personnel department of the county to exercise the powers,
duties, and functions of the department of administrative
services and the director of administrative services specified in
sections 124.01 to 124.64 and Chapter 325. of the Revised Code,
except for the powers and duties of the state personnel board of
review, which powers and duties shall not be construed as having
been modified or diminished in any manner by division (G)(2) of
this section, with respect to the employees for whom the board of
county commissioners is the appointing authority or co-appointing
authority. Upon certification of a copy of the resolution by the
board to the director, these powers, duties, and functions are
vested in and assigned to the county personnel department with
respect to the employees for whom the board of county
commissioners is the appointing authority or co-appointing
authority. The certification to the director shall be provided
not later than one hundred twenty days before the first day of
July of an odd-numbered year, and, following the certification,
the powers, duties, and functions specified in sections 124.01 to
124.64 and Chapter 325. of the Revised Code shall be vested in
and assigned to the county personnel department on that first day
of July. Nothing in division (G)(2) of this section shall be
construed to limit the right of any employee who possesses the
right of appeal to the state personnel board of review to
continue to possess that right of appeal.
Any board of county commissioners that has established a
county personnel department may contract with the department of
administrative services, another political subdivision, or an
appropriate public or private entity to provide competitive
testing services or other appropriate services.
(3) After the county personnel department of a county has
assumed the powers, duties, and functions of the department of
administrative services and the director as described in division
(G)(2) of this section, any elected official, board, agency, or
other appointing authority of that county may, upon notification
to the director, elect to use the services and facilities of the
county personnel department. Upon the acceptance by the director
of such notification, the county personnel department shall
exercise the powers, duties, and functions of the department of
administrative services and the director as described in division
(G)(2) of this section with respect to the employees of that
elected official, board, agency, or other appointing authority.
The notification to the director shall be provided not later than
one hundred twenty days before the first day of July of an
odd-numbered year, and, following the notification, the powers,
duties, and functions specified in sections 124.01 to 124.64 and
Chapter 325. of the Revised Code with respect to the employees of
that elected official, board, agency, or other appointing
authority shall be vested in and assigned to the county personnel
department on that first day of July. Except for those employees
under the jurisdiction of the county personnel department, the
director shall continue to exercise these powers, duties, and
functions with respect to employees of the county.
(4) Each board of county commissioners that has
established a county personnel department may, by a resolution
adopted by a majority of its members, disband the county
personnel department and return to the department of
administrative services for the administration of sections 124.01
to 124.64 and Chapter 325. of the Revised Code. The board shall,
not later than one hundred twenty days before the first day of
July of an odd-numbered year, send the director a certified copy
of the resolution disbanding the county personnel department. All powers,
duties, and functions previously vested in and
assigned to the county personnel department shall return to the
director on that first day of July.
(5) Any elected official, board, agency, or appointing
authority of a county may return to the department of
administrative services for the administration of sections 124.01
to 124.64 and Chapter 325. of the Revised Code. The elected
official, board, agency, or appointing authority shall, not later
than one hundred twenty days before the first day of July of an
odd-numbered year, send the director a certified copy of the
resolution that states its decision. All powers, duties, and
functions previously vested in and assigned to the county
personnel department with respect to the employees of that
elected official, board, agency, or appointing authority shall
return to the director on that first day of July.
(6) The director, by rule adopted in accordance with
Chapter 119. of the Revised Code, shall prescribe criteria and
procedures for granting to each county personnel department the
powers, duties, and functions of the department of administrative
services and the director as described in division (G)(2) of this
section with respect to the employees of an elected official,
board, agency, or other appointing authority or co-appointing
authority. The rules shall cover the following criteria and
procedures:
(a) The notification to the department of administrative
services that an elected official, board, agency, or other
appointing authority of a county has elected to use the services
and facilities of the county personnel department;
(b) A requirement that each county personnel department,
in carrying out its duties, adhere to merit system principles
with regard to employees of county departments of job and family services,
child support enforcement agencies, and public child welfare
agencies so that there is no threatened loss of federal funding
for these agencies, and a requirement that the county be
financially liable to the state for any loss of federal funds due
to the action or inaction of the county personnel department. The costs
associated with audits conducted to monitor compliance
with division (G)(6)(b) of this section shall be borne equally by
the department of administrative services and the county.
(c) The termination of services and facilities rendered by
the department of administrative services, to include rate
adjustments, time periods for termination, and other related
matters;
(d) Authorization for the director of administrative
services to conduct periodic audits and reviews of county
personnel departments to guarantee the uniform application of
this granting of the director's powers, duties, and
functions. The costs of
the audits and reviews shall be borne equally by the department
of administrative services and the county for which the services
were performed.
(e) The dissemination of audit findings under division
(G)(5)(d) of this section, any appeals process relating to
adverse findings by the department, and the methods whereby the
county personnel program will revert to the authority of the
director of administrative services due to misuse or nonuniform
application of the authority granted to the county under division
(G)(2) or (3) of this section.
(H) The director of administrative services shall establish the rate and method of
compensation for all employees who are paid directly by warrant
of the auditor of state director of budget and management and who are serving in positions which
the director of administrative services has determined impracticable to include in the state
job classification plan. This division does not apply to elected
officials, legislative employees, employees of the legislative
service commission, employees who are in the unclassified civil service and
exempt from collective bargaining coverage in the office of the secretary of
state, auditor of state, treasurer of state, and attorney general, employees
of the courts, employees of the
bureau of workers' compensation whose compensation the
administrator of workers' compensation establishes under division
(B) of section 4121.121 of the Revised Code, or employees of an
appointing authority authorized by law to fix the compensation of
those employees.
(I) The director shall set the rate of compensation for all intermittent,
interim, seasonal,
temporary, emergency, and casual employees who are not considered
public employees under section
4117.01 of the Revised
Code. Such employees are not entitled to receive employee
benefits. This rate of compensation
shall be
equitable in terms of the rate of employees serving in the same
or similar classifications. This division does not apply to
elected officials, legislative employees, employees of the
legislative service commission, employees who are in the unclassified civil
service and exempt from collective bargaining coverage in the office of the
secretary of state, auditor of state, treasurer of state, and attorney
general, employees of the courts, employees of the bureau of workers'
compensation whose compensation the administrator establishes under division
(B) of section 4121.121 of the Revised Code, or employees of an appointing
authority authorized by law to fix the compensation of those employees.
Sec. 124.151. (A) As used in this section,
"compensation"
includes, but is
not limited to, wages and salary, travel
allowances paid pursuant to section
101.27 of the Revised Code,
and benefits paid pursuant to sections 124.13,
124.19, 124.381,
124.382, 124.383, 124.384, 124.385, and 124.386 of the
Revised
Code.
(B)(1) The compensation of any employee
whose employment
commenced on or after the
effective date of this amendment and who
is paid by warrant
of the
auditor of state director of budget and management
shall be paid by
direct
deposit.
Each
such employee
shall provide to the appointing
authority a written
authorization
for payment by direct deposit.
The authorization
shall
include the
designation of a financial
institution equipped
to
accept direct
deposits and the number of
the account
into which
the deposit is
to be made. The
authorization shall remain in
effect until
withdrawn in writing by
the employee or until
dishonored by the
financial institution.
The
director of
administrative services
shall provide by rule adopted
under
Chapter 119. of the Revised
Code for the direct deposit in a
financial institution of the
compensation of an employee who fails
to provide to the appointing
authority a written authorization for
payment by direct deposit.
(2) Division (B)(1) of this section does not apply to an employee who was appointed to the employee's current position before June 5, 2002, who is a public employee as defined in section 4117.01 of the Revised Code, and whose applicable collective bargaining agreement does not require the employee to be paid by direct deposit.
Sec. 124.152. (A)(1) Except as provided in divisions (A)(2) and (3) of this section, each exempt employee shall be paid a salary or wage in accordance with schedule E-1 or schedule E-2 of division (B) or (C) of this section.
(2) Each exempt employee who holds a position in the unclassified civil service pursuant to division (A)(26) or (30) of section 124.11 of the Revised Code may be paid a salary or wage in accordance with schedule E-1, schedule E-1 for step seven only, or schedule E-2 of division (B), or (C), (D), or (E) of this section, as applicable.
(3)(a) Except as provided in division (A)(3)(b) of this section, each exempt employee who was paid a salary or wage at step 7 in the employee's pay range on June 28, 2003, in accordance with the applicable schedule E-1 of former section 124.152 of the Revised Code and who continued to be so paid on June 29, 2003, shall be paid a salary or wage in the corresponding pay range in schedule E-1 for step seven only of division (D) or (E)(C) of this section for as long as the employee remains in the position the employee held as of July 1, 2003.
(b) Except as provided in division (A)(3)(c) of this section, if an exempt employee who is being paid a salary or wage in accordance with schedule E-1 for step seven only of division (D) or (E)(C) of this section moves to another position, the employee shall not receive a salary or wage for that position or any other position in the future in accordance with that schedule.
(c) If an exempt employee who is being paid a salary or wage in accordance with schedule E-1 for step seven only of division (D) or (E)(C) of this section moves to another position assigned to pay range 12 or above, the appointing authority has the discretion to assign the employee to be paid a salary or wage in the appropriate pay range for that position in accordance with schedule E-1 for step seven only, provided that the appointing authority so notifies the director of administrative services in writing at the time the employee is appointed to that position.
(B) Beginning on the first day of the pay period that
includes July 1, 2002 2006, each exempt employee who must be paid in accordance with schedule E-1 or schedule E-2 of this section 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 |
|
|
|
Range |
1 |
2 |
3 |
4 |
5 |
6 |
|
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 |
|
|
|
Annually |
41766 |
44117 |
46488 |
49067 |
51792 |
54621 |
|
13 |
|
Hourly |
22.13 |
23.35 |
24.63 |
25.95 |
27.40 |
28.90 |
|
|
|
Annually |
46030 |
48568 |
51230 |
53976 |
56992 |
60112 |
|
14 |
|
Hourly |
24.35 |
25.72 |
27.10 |
28.59 |
30.20 |
31.88 |
|
|
|
Annually |
50648 |
53498 |
56368 |
59467 |
62816 |
66310 |
|
15 |
|
Hourly |
26.74 |
28.24 |
29.84 |
31.48 |
33.22 |
35.06 |
|
|
|
Annually |
55619 |
58739 |
62067 |
65478 |
69098 |
72925 |
|
16 |
|
Hourly |
29.48 |
31.12 |
32.84 |
34.67 |
36.59 |
38.67 |
|
|
|
Annually |
61318 |
64730 |
68307 |
72114 |
76107 |
80434 |
|
17 |
|
Hourly |
32.49 |
34.28 |
36.20 |
38.20 |
40.33 |
42.58 |
|
|
|
Annually |
67579 |
71302 |
75296 |
79456 |
83886 |
88566 |
|
18 |
|
Hourly |
35.80 |
37.78 |
39.90 |
42.11 |
44.43 |
46.92 |
|
|
|
Annually |
74464 |
78582 |
82992 |
87589 |
92414 |
97594 |
|
1 |
|
Hourly |
9.40 |
9.82 |
10.24 |
10.68 |
|
|
|
|
|
Annually |
19552 |
20426 |
21299 |
22214 |
|
|
|
2 |
|
Hourly |
11.40 |
11.88 |
12.40 |
12.94 |
|
|
|
|
|
Annually |
23712 |
24710 |
25792 |
26915 |
|
|
|
3 |
|
Hourly |
11.94 |
12.48 |
13.03 |
13.60 |
|
|
|
|
|
Annually |
24835 |
25958 |
27102 |
28288 |
|
|
|
4 |
|
Hourly |
12.54 |
13.10 |
13.72 |
14.34 |
|
|
|
|
|
Annually |
26083 |
27248 |
28538 |
29827 |
|
|
|
5 |
|
Hourly |
13.15 |
13.75 |
14.34 |
14.97 |
|
|
|
|
|
Annually |
27352 |
28600 |
29827 |
31138 |
|
|
|
6 |
|
Hourly |
13.86 |
14.43 |
15.07 |
15.69 |
|
|
|
|
|
Annually |
28829 |
30014 |
31346 |
32635 |
|
|
|
7 |
|
Hourly |
14.72 |
15.27 |
15.88 |
16.44 |
17.08 |
|
|
|
|
Annually |
30618 |
31762 |
33030 |
34195 |
35526 |
|
|
8 |
|
Hourly |
15.56 |
16.24 |
16.95 |
17.71 |
18.46 |
|
|
|
|
Annually |
32365 |
33779 |
35256 |
36837 |
38397 |
|
|
9 |
|
Hourly |
16.60 |
17.46 |
18.32 |
19.23 |
20.21 |
|
|
|
|
Annually |
34528 |
36317 |
38106 |
39998 |
42037 |
|
|
10 |
|
Hourly |
17.91 |
18.89 |
19.90 |
21.05 |
22.18 |
|
|
|
|
Annually |
37253 |
39291 |
41392 |
43784 |
46134 |
|
|
11 |
|
Hourly |
19.50 |
20.64 |
21.84 |
23.06 |
24.38 |
|
|
|
|
Annually |
40560 |
42931 |
45427 |
47965 |
50710 |
|
|
12 |
|
Hourly |
21.51 |
22.72 |
23.94 |
25.27 |
26.68 |
28.13 |
|
|
|
Annually |
44741 |
47258 |
49795 |
52562 |
55494 |
58510 |
|
13 |
|
Hourly |
23.71 |
25.01 |
26.39 |
27.80 |
29.36 |
30.96 |
|
|
|
Annually |
49317 |
52021 |
54891 |
57824 |
61069 |
64397 |
|
14 |
|
Hourly |
26.08 |
27.55 |
29.03 |
30.62 |
32.35 |
34.15 |
|
|
|
Annually |
54246 |
57304 |
60382 |
63690 |
67288 |
71032 |
|
15 |
|
Hourly |
28.64 |
30.25 |
31.96 |
33.72 |
35.59 |
37.55 |
|
|
|
Annually |
59571 |
62920 |
66477 |
70138 |
74027 |
78104 |
|
16 |
|
Hourly |
31.58 |
33.33 |
35.17 |
37.14 |
39.19 |
41.43 |
|
|
|
Annually |
65686 |
69326 |
73154 |
77251 |
81515 |
86174 |
|
17 |
|
Hourly |
34.80 |
36.72 |
38.78 |
40.92 |
43.20 |
45.61 |
|
|
|
Annually |
72384 |
76378 |
80662 |
85114 |
89856 |
94869 |
|
18 |
|
Hourly |
38.35 |
40.47 |
42.75 |
45.10 |
47.60 |
50.26 |
|
|
|
Annually |
79768 |
84178 |
88920 |
93808 |
99008 |
104541 |
|
|
|
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 |
41 |
|
Hourly |
|
16.23 |
|
34.77 |
|
|
Annually |
|
33758 |
|
72322 |
42 |
|
Hourly |
|
17.89 |
|
38.41 |
|
|
Annually |
|
37211 |
|
79893 |
43 |
|
Hourly |
|
19.70 |
|
42.30 |
|
|
Annually |
|
40976 |
|
87984 |
44 |
|
Hourly |
|
21.73 |
|
46.21 |
|
|
Annually |
|
45198 |
|
96117 |
45 |
|
Hourly |
|
24.01 |
|
50.44 |
|
|
Annually |
|
49941 |
|
104915 |
46 |
|
Hourly |
|
26.43 |
|
55.13 |
|
|
Annually |
|
54974 |
|
114670 |
47 |
|
Hourly |
|
29.14 |
|
60.16 |
|
|
Annually |
|
60611 |
|
125133 |
48 |
|
Hourly |
|
32.14 |
|
65.65 |
|
|
Annually |
|
66851 |
|
136552 |
49 |
|
Hourly |
|
35.44 |
|
70.89 |
|
|
Annually |
|
73715 |
|
147451 |
(C) Beginning on the first day of the pay period that includes July 1, 2005, each exempt employee who must be paid in accordance with schedule E-1 or schedule E-2 of this section 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 |
|
|
|
Range |
1 |
2 |
3 |
4 |
5 |
6 |
|
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 |
|
|
|
Annually |
43430 |
45885 |
48339 |
51022 |
53872 |
56805 |
|
13 |
|
Hourly |
23.02 |
24.28 |
25.62 |
26.99 |
28.50 |
30.06 |
|
|
|
Annually |
47882 |
50502 |
53290 |
56139 |
59280 |
62525 |
|
14 |
|
Hourly |
25.32 |
26.75 |
28.18 |
29.73 |
31.41 |
33.16 |
|
|
|
Annually |
52666 |
55640 |
58614 |
61838 |
65333 |
68973 |
|
15 |
|
Hourly |
27.81 |
29.37 |
31.03 |
32.74 |
34.55 |
36.46 |
|
|
|
Annually |
57845 |
61090 |
64542 |
68099 |
71864 |
75837 |
|
16 |
|
Hourly |
30.66 |
32.36 |
34.15 |
36.06 |
38.05 |
40.22 |
|
|
|
Annually |
63773 |
67309 |
71032 |
75005 |
79144 |
83658 |
|
17 |
|
Hourly |
33.79 |
35.65 |
37.65 |
39.73 |
41.94 |
44.28 |
|
|
|
Annually |
70283 |
74152 |
78312 |
82638 |
87235 |
92102 |
|
18 |
|
Hourly |
37.23 |
39.29 |
41.50 |
43.79 |
46.21 |
48.80 |
|
|
|
Annually |
77438 |
81723 |
86320 |
91083 |
96117 |
101504 |
|
|
|
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 |
(D) Beginning on the first day of the pay period that includes July 1, 2003 2006, each exempt employee who must be paid in accordance with schedule E-1 for step seven only shall be paid a salary or wage in accordance with the following schedule of rates:
Schedule E-1 for Step Seven Only
Pay Ranges and Step Seven Values
|
|
Range |
|
|
|
|
12 |
|
Hourly |
27.71 |
|
|
|
|
|
Annually |
57637 |
|
|
|
13 |
|
Hourly |
30.49 |
|
|
|
|
|
Annually |
63419 |
|
|
|
14 |
|
Hourly |
33.62 |
|
|
|
|
|
Annually |
69930 |
|
|
|
15 |
|
Hourly |
36.98 |
|
|
|
|
|
Annually |
76918 |
|
|
|
16 |
|
Hourly |
40.80 |
|
|
|
|
|
Annually |
84864 |
|
|
|
17 |
|
Hourly |
44.93 |
|
|
|
|
|
Annually |
93454 |
|
|
|
18 |
|
Hourly |
49.50 |
|
|
|
|
|
Annually |
102960 |
|
|
|
(E) Beginning on the first day of the pay period that includes July 1, 2005, each exempt employee who must be paid in accordance with schedule E-1 for step seven only shall be paid a salary or wage in accordance with the following schedule of rates:
Schedule E-1 for Step Seven Only
Pay Ranges and Step Seven Values
|
|
Range |
|
|
|
|
12 |
|
Hourly |
28.82 |
|
|
|
|
|
Annually |
59946 |
|
|
|
13 |
|
Hourly |
31.71 |
|
|
|
|
|
Annually |
65957 |
|
|
|
14 |
|
Hourly |
34.96 |
|
|
|
|
|
Annually |
72717 |
|
|
|
15 |
|
Hourly |
38.46 |
|
|
|
|
|
Annually |
79997 |
|
|
|
16 |
|
Hourly |
42.43 |
|
|
|
|
|
Annually |
88254 |
|
|
|
17 |
|
Hourly |
46.73 |
|
|
|
|
|
Annually |
97198 |
|
|
|
18 |
|
Hourly |
51.48 |
|
|
|
|
|
Annually |
107078 |
|
|
|
12 |
|
Hourly |
29.68 |
|
|
|
|
|
Annually |
61734 |
|
|
|
13 |
|
Hourly |
32.66 |
|
|
|
|
|
Annually |
67933 |
|
|
|
14 |
|
Hourly |
36.01 |
|
|
|
|
|
Annually |
74901 |
|
|
|
15 |
|
Hourly |
39.61 |
|
|
|
|
|
Annually |
82389 |
|
|
|
16 |
|
Hourly |
43.70 |
|
|
|
|
|
Annually |
90896 |
|
|
|
17 |
|
Hourly |
48.13 |
|
|
|
|
|
Annually |
100110 |
|
|
|
18 |
|
Hourly |
53.02 |
|
|
|
|
|
Annually |
110282 |
|
|
|
(F)(D) 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 director of budget and management 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. 124.18. (A) Forty hours shall be the standard work week
for all employees whose salary or wage is paid in whole or in
part by the state or by any state-supported college or
university. When any employee whose salary or wage is paid in
whole or in part by the state or by any state-supported college
or university is required by an authorized administrative
authority to be in an active pay status more than forty hours in
any calendar week, the employee shall be compensated for such
time over
forty hours, except as otherwise provided in this section, at one
and one-half times the employee's regular rate of pay. The use of sick
leave or any leave used in lieu of sick leave shall not be considered to be active pay status for the purposes of
earning overtime or compensatory time by employees whose wages are paid
directly by warrant of the auditor of state director of budget and management. A flexible-hours
employee is not entitled to compensation for overtime work unless
the employee's authorized administrative authority required
the employee to be in
active pay status for more than forty hours in a calendar week,
regardless of the number of hours the employee works on any
day in the same calendar week.
Such compensation for overtime work shall be paid no
later than at the conclusion of the next succeeding pay period.
If the employee elects to take compensatory time off in
lieu of overtime pay for any overtime worked, such compensatory
time shall be granted by the employee's administrative
superior, on a time
and one-half basis, at a time mutually convenient to the employee
and the administrative superior. An Compensatory time is not available for use until it appears on the employee's earning statement and the compensation described in the earning statement is available to the employee.
An employee may accrue
compensatory time to a maximum of two hundred forty hours, except
that public safety employees and other employees who meet the
criteria established in the "Federal Fair Labor Standards Act of
1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended, may
accrue a maximum of four hundred eighty hours of compensatory
time. An employee shall be paid at the employee's regular
rate of pay for
any hours of compensatory time accrued in excess of these maximum
amounts if the employee has not used the compensatory time within
one hundred eighty days after it is granted, if the employee
transfers to another agency of the state, or if a change in the
employee's status exempts the employee from the payment of
overtime
compensation. Upon the termination of employment, any employee
with accrued but unused compensatory time shall be paid for that
time at a rate that is the greater of the employee's final
regular rate of pay or the employee's average regular rate of pay
during the employee's last three years of employment with
the state.
No overtime, as described in this section, can be paid
unless it has been authorized by the authorized administrative
authority. Employees may be exempted from the payment of
compensation as required by this section only under the criteria
for exemption from the payment of overtime compensation
established in the "Federal Fair Labor Standards Act of 1938," 52
Stat. 1060, 29 U.S.C.A. 207, 213, as amended. With the approval
of the director of administrative services, the appointing
authority may establish a policy to grant compensatory time or to
pay compensation to state employees who are exempt from overtime
compensation. With the approval of the board of county commissioners, a
county human services department may establish a policy to grant compensatory
time or to pay compensation to employees of the department who are exempt from
overtime compensation.
(B)(1) An employee, whose salary or wage is paid in whole or in
part by the state, shall be paid for the holidays declared in
section 124.19 of the Revised Code and shall not be required to
work on those holidays, unless, in the opinion of the employee's
responsible administrative authority, failure to work on those
holidays would impair the public service. An employee paid directly by
warrant of the auditor of state director of budget and management who is scheduled to work on a holiday and who
does not report to work the day before, the day of, or the day after the holiday due to an illness of the employee or of a member of
the employee's immediate family shall not receive holiday pay as provided by
this division, unless the employee can provide documentation of extenuating circumstances that prohibited the employee from so reporting to work. An employee also shall not be paid
for a holiday unless the employee was in active pay status on the scheduled
work day immediately preceding the holiday.
(2) If any
of the holidays declared in section 124.19 of the Revised Code
falls on Saturday, the Friday immediately preceding
shall be observed as the holiday. If any of the
holidays declared in section 124.19 of the Revised Code falls on Sunday,
the Monday immediately succeeding shall be
observed as the holiday. Employees whose work schedules are
based on the requirements of a seven-days-a-week work operation shall observe
holidays on the actual days specified in section 124.19 of the Revised Code.
(3) If an employee's work schedule is other
than Monday through Friday, the employee shall be entitled to eight hours of
holiday pay for holidays observed on the employee's day off regardless
of the day of the
week on which they are observed. A
(4) A full-time permanent employee
is entitled to a minimum of eight hours of pay for each holiday regardless of
the employee's work shift and work schedule. A
flexible-hours employee is
entitled to holiday pay for the number of hours for which the
employee normally would have been scheduled to work, who is normally scheduled to work in excess of eight hours on a day on which a holiday falls, either shall be required to work an alternate schedule for that week or shall receive additional holiday pay for the hours the employee is normally scheduled to work. Such an alternate schedule may require a flexible-hours employee to work five shifts consisting of eight hours each during the week including the holiday, and, in that case, the employee shall receive eight hours of holiday pay for the day the holiday is observed. Part-time
(5) Part-time permanent
employees shall be paid receive holiday pay for that portion of any
holiday for which they would normally have been scheduled to
work on a pro-rated basis, based upon the daily average of actual hours worked, excluding overtime hours worked, in the previous calendar quarter. The figure shall be calculated for the preceding calendar quarter on the first day of January, April, July, and October of each year. When
(6) When an employee who is eligible for overtime pay under
this section is required by the employee's responsible
administrative
authority to work on the day observed as a holiday, the
employee shall be
entitled to pay for such time worked at one and one-half times
the employee's regular rate of pay in addition to the
employee's regular pay, or to be
granted compensatory time off at time and one-half thereafter, at
the employee's option. Payment at such rate shall be excluded in
the calculation of hours in active pay status.
(C) Each appointing authority may designate the number of
employees in an agency who are flexible-hours employees. The
appointing authority may establish for each flexible-hours
employee a specified minimum number of hours to be worked each
day that is consistent with the "Federal Fair Labor Standards Act
of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended.
(D) This section shall be uniformly administered for employees as defined in
section 124.01 of the Revised Code and by the personnel
departments of state-supported colleges and universities for
employees of state-supported colleges and universities. If employees are
not paid directly by warrant of the auditor of state director of budget and management, the political
subdivision
shall determine whether the use of sick leave shall be considered to be active
pay status for purposes of those employees earning overtime or compensatory
time.
(E) Policies relating to the payment of overtime pay or the
granting of compensatory time off shall be adopted by the
chief administrative officer of the house of representatives for employees
of the house of representatives, by the clerk of the senate for
employees of the senate, and by the director of the legislative
service commission for all other legislative employees.
(F) As used in this section, "regular rate of pay" means the
base rate of pay an employee receives plus any pay supplements
received pursuant to section 124.181 of the Revised Code.
Sec. 124.181. (A) Except as provided in division (M) of
this section, any employee paid in accordance with schedule B of
section 124.15 or schedule E-1 or schedule E-1 for step seven only 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)(1) Except as provided in section 124.183 of the Revised Code, in computing any of the pay supplements provided in
this section for an employee paid in accordance with schedule B of section 124.15 of the Revised Code, the classification salary base shall be the minimum
hourly rate of the pay range, provided in that section, in which the employee is assigned at
the time of computation.
(2) Except as provided in section 124.183 of the Revised Code, in computing any of the pay supplements provided in this section for an employee paid in accordance with schedule E-1 of section 124.152 of the Revised Code, the classification salary base shall be the minimum hourly rate of the pay range, provided in that section, in which the employee is assigned at the time of computation.
(3) Except as provided in section 124.183 of the Revised Code, in computing any of the pay supplements provided in this section for an employee paid in accordance with schedule E-1 for step seven only of section 124.152 of the Revised Code, the classification salary base shall be the minimum hourly rate in the corresponding pay range, provided in schedule E-1 of that section, to which the employee is assigned at the time of the 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 in accordance with schedule B of
section 124.15 of the Revised Code
or in accordance with schedule E-1 or schedule E-1 for step seven only 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 or grade. 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, and the attorney general, who are subject to this section unless the secretary of state, the auditor of state, the treasurer of state, or the attorney general decides to exempt the office's employees from the moratorium and so notifies the director of administrative services in writing on or before July 1, 2003.
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 in accordance with schedule B of section
124.15 of the Revised Code or in accordance with schedule E-1 or schedule E-1 for step seven only 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 of those hours worked, 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
of those hours worked, 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 of those hours worked, 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 director of budget and management 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 in accordance with
schedule B of section 124.15 of the Revised Code or in accordance with schedule E-1 or schedule E-1 for step seven only 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 of administrative services may establish a shift differential for
employees. The 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 in accordance with schedule B of section 124.15 of the Revised Code or in accordance with schedule E-1 or schedule E-1 for step seven only 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 a
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. 124.182. (A) There is hereby created in the state treasury the
professional development fund. The director of administrative services shall
use moneys credited to the fund to pay for programs that provide professional
development opportunities for employees who are exempt from collective
bargaining coverage and paid by warrant of the auditor of state director of budget and management. The director
of administrative services shall identify by rule adopted under
Chapter 119. of the Revised Code programs for which payments from the fund
shall be made. The fund also shall be used to pay any direct and indirect
costs that are attributable to consultants or a third-party administrator and
that are necessary to administer this section. All investment earnings of the
fund shall be credited to it.
(B) The director of administrative services, in consultation with
the director of budget and management, shall determine a rate at which the
payrolls of all participating state agencies with employees paid by warrant of
the auditor of state director of budget and management shall be charged each pay period that is sufficient to
cover the costs of administering the programs paid for with the moneys
credited to the professional development fund. The rate shall be based on the
total number of those employees and may be adjusted as the director of
administrative services, in consultation with the director of budget and
management, considers necessary. All moneys collected from the charge shall
be credited to the professional development fund.
(C) If the director of administrative services determines that
additional appropriation amounts are necessary, the director may request that
the director of budget and management increase the appropriation amounts. The
additional appropriation amounts are hereby appropriated.
Sec. 124.321. (A) Whenever it becomes necessary for an
appointing authority to reduce its work force, the appointing
authority shall lay off employees or abolish their positions in
accordance with sections 124.321 to 124.327 of the Revised Code
and the rules of the director of administrative services.
(B)(1) Employees may be laid off as a result of a lack of
funds within an appointing authority. For appointing authorities
that employ persons whose salary or wage is paid by warrant of
the auditor of state director of budget and management, the director of budget and management shall
be responsible for determining whether a lack of funds exists.
For appointing authorities that employ persons whose
salary or wage is paid other than by warrant of the auditor of
state director of budget and management, the appointing authority itself shall determine whether a
lack of funds exists and shall file a statement of rationale and
supporting documentation with the director of administrative
services prior to sending the layoff notice.
(2) As used in this division, a "lack of funds" means an appointing authority has a current
or projected deficiency of funding to maintain current, or to
sustain projected, levels of staffing and operations. This
section does not require any transfer of money between funds in
order to offset a deficiency or projected deficiency of federal
funding for a program.
(3) The director of budget and management shall adopt
rules, under Chapter 119. of the Revised Code, for agencies whose
employees are paid by warrant of the auditor of state director of budget and management, for
determining whether a lack of funds exists.
(C)(1) Employees may be laid off as a result of lack of work
within an appointing authority. For appointing authorities whose
employees are paid by warrant of the auditor of state director of budget and management, the
director of administrative services shall determine whether a
lack of work exists. All other appointing authorities shall
themselves determine whether a lack of work exists and shall file
a statement of rationale and supporting documentation with the
director of administrative services prior to sending the layoff notice.
(2) As used in this division, a "lack of work" means an appointing
authority has a current or projected temporary decrease in the
workload, expected to last less than one year, that requires a
reduction of current or projected staffing levels. The
determination of a lack of work shall indicate the current or
projected temporary decrease in the workload of an appointing
authority and whether the current or projected staffing levels of
the appointing authority will be excessive.
(D)(1) Employees may be laid off as a result of abolishment
of positions. As used in this division, "abolishment" means the deletion of a
position or positions from the organization or structure of an
appointing authority.
For purposes of this division, an appointing authority may abolish positions for any one or any combination of the following reasons: as a
result of a reorganization for the efficient operation of the
appointing authority, for reasons of economy, or for lack of
work.
(2)(a) Reasons of economy permitting an appointing authority to abolish a position and to lay off the holder of that position under this division shall be determined at the time the appointing authority proposes to abolish the position. The reasons of economy shall be based on the appointing authority's estimated amount of savings with respect to salary, benefits, and other matters associated with the abolishment of the position, except that the reasons of economy associated with the position's abolishment instead may be based on the appointing authority's estimated amount of savings with respect to salary and benefits only, if:
(i) Either the appointing authority's operating appropriation has been reduced by an executive or legislative action, or the appointing authority has a current or projected deficiency in funding to maintain current or projected levels of staffing and operations; and
(ii) It files a notice of the position's abolishment with the director of administrative services within one year of the occurrence of the applicable circumstance described in division (D)(2)(a)(i) of this section.
(b) The following principles apply when a circumstance described in division (D)(2)(a)(i) of this section would serve to authorize an appointing authority to abolish a position and to lay off the holder of the position under this division based on the appointing authority's estimated amount of savings with respect to salary and benefits only:
(i) The position's abolishment shall be done in good faith and not as a subterfuge for discipline.
(ii) If a circumstance affects a specific program only, the appointing authority only may abolish a position within that program.
(iii) If a circumstance does not affect a specific program only, the appointing authority may identify a position that it considers appropriate for abolishment based on the reasons of economy.
(3) Each appointing authority shall
determine itself whether any position should be abolished and shall file
a statement of rationale and supporting documentation with the
director of administrative services prior to sending the notice
of abolishment.
If an abolishment results in a reduction of the
work force, the appointing authority shall follow the procedures
for laying off employees, subject to the following modifications:
(a) The employee whose position has been abolished shall
have the right to fill an available vacancy within the employee's
classification.
(b) If the employee whose position has been abolished has
more retention points than any other employee serving in the same
classification, the employee with the fewest retention
points shall be displaced.
(c) If the employee whose position has been abolished has
the fewest retention points in the classification, the employee
shall have the right to fill an available vacancy in a lower
classification in the classification series.
(d) If the employee whose position has been abolished has
the fewest retention points in the classification, the employee
shall displace the employee with the fewest retention points in
the next or successively lower classification in the
classification series.
(E) Notwithstanding any contrary provision of the displacement procedure described in
section 124.324 of the Revised Code for employees to displace
other employees during a layoff, the director of
administrative services may establish a paper lay-off process under
which employees who are to be laid off or displaced may be required, before the date of
their paper layoff, to preselect their options for displacing other employees.
(F) The director of administrative services shall
adopt rules under Chapter 119. of the Revised Code for the
determination of lack of work within an appointing authority, for
the abolishment of positions by an appointing authority, and for
the implementation of this section.
Sec. 124.324. (A) A laid-off employee has the right to
displace the employee with the fewest retention points in the
classification from which the employee was laid off or in a lower
or equivalent classification, in the following order:
(1) Within the classification from which the employee was
laid off;
(2) Within the classification series from which the
employee was laid off;
(3) Within a classification which that has the same or similar
duties as the classification from which the employee was laid
off, in accordance with the list published by the director of administrative services under
division (B)(2) of section 124.311 of the Revised Code;
(4) Within the classification the employee held
immediately prior to holding the classification from which the
employee was laid off.
Divisions (A)(3) and (4) of this section shall not apply to
employees of cities, city health districts, and counties, except
for employees of county departments of job and family
services.
A laid-off employee in the classified service has the right
to displace an employee with the fewest retention points in the
classification that the laid-off employee held immediately prior
to holding the classification from which the employee was
laid off, if the
laid-off employee was certified in the former classification. If
a position in that classification does not exist, then the
employee may displace employees in the classification that the
employee
next previously held, and so on, subject to the same provisions.
The employee may not displace employees in a classification if
the employee does not meet the minimum qualifications of the
classification, or if the employee held the classification more
than five years prior to the date on which the employee was laid
off, except that failure to meet minimum qualifications shall not
prevent the employee from displacing employees in the
classification that the employee next previously held within
that five-year
period.
If, after exercising displacement rights, an employee is
subject to further layoff action, the employee's
displacement rights shall
be in accordance with the classification from which the
employee was first laid off.
The director shall verify the calculation of the retention
points of all employees in an affected classification in
accordance with section 124.325 of the Revised Code.
(B) Following the order of layoff, an employee laid off in
the classified civil service shall displace another employee
within the same appointing authority or independent institution
and layoff jurisdiction in the following manner:
(1) Each laid-off employee possessing more retention
points shall displace the employee with the fewest retention
points in the next lower classification or successively lower
classification in the same classification series;, except that a
laid-off provisional employee shall not have the right to
displace a certified employee;.
(2) Any employee displaced by an employee possessing more
retention points shall displace the employee with the fewest
retention points in the next lower classification or successively
lower classification in the same classification series;, except
that a displaced provisional employee shall not displace a
certified employee. This process shall continue, if necessary,
until the employee with the fewest retention points in the lowest
classification of the classification series of the same
appointing authority or independent institution has been reached
and, if necessary, laid off.
(C) Employees shall notify the appointing authority of
their intention to exercise their displacement rights, within
five days after receiving notice of layoff. This division does not apply if the director of administrative services has established a paper lay-off process pursuant to division (E) of section 124.321 of the Revised Code that includes a different notification requirement for employees exercising their displacement rights under that process.
(D) No employee shall displace an employee for whose
position or classification there exists special minimum
qualifications, as established by a position description, by
classification specifications, or by bona fide occupational
qualification, unless the employee desiring to displace another
employee possesses the requisite minimum qualifications for the
position or classification.
(E) If an employee exercising displacement rights must
displace an employee in another county within the same layoff
district, the displacement shall not be construed to be a
transfer.
(F) The director of administrative services shall
promulgate adopt rules, under Chapter 119. of the Revised Code, for the
implementation of this section.
Sec. 124.327. (A) Employees who have been laid off or
have,
by virtue of exercising their
displacements
displacement rights, been
displaced
to a lower classification in their classification
series, shall be
placed on appropriate layoff lists. Those
employees with the most
retention points within each category of
order of layoff, as
established in section 124.323 of the Revised
Code, shall be
placed at the top of the layoff list to be
followed by employees
ranked in descending total retention order.
Laid-off employees
shall be placed on layoff lists for each
classification in the
classification series equal to or lower
than the classification in
which the employee was employed at the
time of layoff.
(B) An employee who is laid off retains reinstatement
rights
in the agency from which the employee was laid off.
Reinstatement
rights continue for one year from the date of layoff. During
this
one-year period, in any layoff jurisdiction in which an
appointing
authority has an employee on a layoff list, the
appointing
authority shall not hire or promote anyone into a position
within
that
classification until all laid-off persons on a layoff
list
for that classification who are qualified to perform the duties of
the
position are reinstated or decline the position
when it is
offered.
(C) Each laid-off or displaced employee, in addition to
reinstatement rights within the employee's appointing authority,
shall have the right to reemployment with other agencies within
the layoff jurisdiction, if the employee is qualified to perform
the
duties of the position, but only in the same classification
from
which the employee was initially laid off or displaced.
Layoff
lists for each appointing authority must be exhausted
before
jurisdictional reemployment layoff lists are used.
(D) Any employee accepting or declining reinstatement to
the
same classification and same appointment type from which the
employee was laid off or displaced shall be removed from the
appointing authority's layoff list.
(E) Any employee accepting or declining reemployment to
the
same classification and the same appointment type from which
the
employee was laid off or displaced shall be removed from the
jurisdictional layoff list.
(F) An employee who does not exercise the option to
displace
under section 124.324 of the Revised Code shall only be
entitled
to reinstatement or reemployment in the classification
from which
the employee was displaced or laid off.
(G) An employee who declines reinstatement to a
classification lower in the classification series than the
classification from which the employee was laid off or displaced,
shall thereafter only be entitled to reinstatement to a
classification higher, up to and including the classification
from
which the employee was laid off or displaced, in the
classification series than the classification that was declined.
(H) Any employee reinstated or reemployed under this
section
shall not serve a probationary period upon reinstatement
or
reemployment except that an employee laid off during an
original
or promotional probationary period shall begin a new
probationary
period.
(I) For the purposes of this section, employees whose
salary
or wage is not paid directly by warrant of the auditor of
state director of budget and management
shall be placed on layoff lists of their appointing
authority
only.
Sec. 124.382. (A) As used in this section and sections
124.383, 124.386, 124.387, and 124.388 of the Revised Code:
(1) "Base pay period" means the pay period that includes
the first day of December.
(2) "Pay period" means the fourteen-day period of time
during which the payroll is accumulated, as determined by the
director of administrative services.
(3)(2) "Active pay status" means the conditions under which
an employee is eligible to receive pay, and includes, but is not
limited to, vacation leave, sick leave, personal leave,
bereavement leave, and administrative leave.
(4)(3) "No pay status" means the conditions under which an
employee is ineligible to receive pay and includes, but is not
limited to, leave without pay, leave of absence, and disability
leave.
(5)(4) "Disability leave" means the leave granted pursuant to
section 124.385 of the Revised Code.
(6)(5) "Full-time permanent employee" means an employee whose
regular hours of duty total eighty hours in a pay period in a
state agency and whose appointment is not for a limited period
of time.
(7)(6) "Base rate of pay" means the rate of pay established
under schedule B or C of section 124.15 of the Revised Code or under schedule E-1, schedule E-1 for step seven only, or schedule E-2 of
section 124.152 of the Revised Code, plus any
supplement provided under section 124.181 of the Revised Code,
plus any supplements enacted into law which are added to schedule
B or C of section 124.15 of the Revised Code or to schedule E-1, schedule E-1 for step seven only, or schedule
E-2 of section
124.152 of the Revised Code.
(8)(7) "Part-time permanent employee" means an employee whose
regular hours of duty total less than eighty hours in a pay
period in a state agency and whose appointment is not for a
limited period of time.
(B) Each full-time permanent and part-time permanent
employee whose salary or wage is paid directly by warrant of the
auditor of state director of budget and management shall be credited with sick leave of three and
one-tenth hours for each completed eighty hours of service,
excluding overtime hours worked. Sick leave is not available for use until it appears on the employee's earning statement and the compensation described in the earning statement is available to the employee.
(C) Any sick leave credit provided pursuant to division
(B) of this section, remaining as of the last day of the pay
period preceding the next succeeding base pay period first paycheck the employee receives in December, shall be
converted pursuant to section 124.383 of the Revised Code.
(D) Employees may use sick leave, provided a credit
balance is available, upon approval of the responsible
administrative officer of the employing unit, for absence due to
personal illness, pregnancy, injury, exposure to contagious
disease that could be communicated to other employees, and
illness, injury, or death in the employee's immediate family.
When sick leave is used, it shall be deducted from the employee's
credit on the basis of absence from previously scheduled work in
such increments of an hour and at such a compensation rate as the
director of administrative services determines. The appointing
authority of each employing unit may require an employee to furnish a
satisfactory, signed statement to justify the use of sick leave.
If, after having utilized the credit provided by this
section, an employee utilizes sick leave that was accumulated
prior to November 15, 1981, compensation for such sick leave used
shall be at a rate
as the director determines.
(E)(1) The previously accumulated sick leave balance of an
employee who has been separated from the public service, for
which separation payments pursuant to section
124.384 of the Revised Code have not been made, shall be placed
to the employee's credit upon the employee's reemployment in the public
service, if
the reemployment takes place within ten years of the date on
which the employee was last terminated from public service.
(2) The previously accumulated sick leave balance of an
employee who has separated from a school district shall be placed
to the employee's credit upon the
employee's appointment as an unclassified employee of
the state department of education, if all of the following apply:
(a) The employee accumulated the sick leave balance while
employed by the school district.
(b) The employee did not receive any separation payments for
the sick leave balance.
(c) The employee's employment with the department takes
place within ten years after the date on which the employee separated from
the school district.
(F) An employee who transfers from one public agency to
another shall be credited with the unused balance of the
employee's accumulated sick leave.
(G) The director of administrative services shall
establish procedures to uniformly administer this section. No
sick leave may be granted to a state employee upon or after the
employee's retirement or termination of employment.
Sec. 124.384. (A) Except as otherwise provided in this
section, employees whose salaries or wages are paid by warrant of
the auditor of state director of budget and management and who have accumulated sick leave under
section 124.38 or 124.382 of the Revised Code shall be paid for a
percentage of their accumulated balances, upon separation for any
reason, including death but excluding retirement,
at their last base rate of pay at
the rate of one hour of pay for every two hours of accumulated
balances. An employee who retires in accordance with any
retirement plan offered by the state shall be paid upon retirement for each
hour of the employee's accumulated sick leave balance at a rate of fifty-five
per cent of the employee's last base rate of pay.
An employee serving in a temporary work level or an interim
appointment who elects to convert unused sick leave to cash shall do so at the
base rate of pay of the employee's normal classification. If an
employee dies, the employee's unused sick leave shall be
paid in accordance with section 2113.04 of the Revised Code or to
the employee's estate.
In order to be eligible for the payment authorized by this
section, an employee shall have at least one year of state
service and shall request all or a portion of such
payment no later than three years
after separation from state service. No person is eligible to receive all
or a portion of the payment authorized by this section at any time later than
three years after the person's separation from state service.
(B) Except as otherwise provided in this
division, a person
initially employed on or after July 5, 1987, by a state agency in
which the employees' salaries or wages are paid directly by
warrant of the auditor of state director of budget and management shall receive payment under this
section only for sick leave accumulated while employed by state
agencies in which the employees' salaries or wages are paid
directly by warrant of the auditor of state director of budget and management. A person initially
employed on or after July 5, 1987, by the state department of
education as an unclassified employee shall receive payment under
this section only for sick leave accumulated while employed by
state agencies in which the employees' salaries or wages are paid
directly by warrant of the auditor of state director of budget and management and for sick leave
placed to the employee's credit under division (E)(2) of
section 124.382 of the Revised Code.
(C) For employees paid in accordance with section 124.152 of
the Revised Code and those employees listed in divisions (B)(2)
and (4) of section 124.14 of the Revised Code, the director of
administrative services, with the approval of the director of the
office of budget and management, may establish a plan for early
payment of accrued sick leave and vacation leave.
Sec. 124.386. (A) Each full-time permanent employee paid
in accordance with section 124.152 of the Revised Code and those
full-time permanent employees listed in divisions (B)(2) and (4) of
section 124.14 of
the Revised Code shall be credited with thirty-two hours of
personal leave each year. Each part-time permanent employee paid in
accordance with section 124.152 of the Revised Code, and those part-time permanent employees
listed in divisions (B)(2) and (4) of section 124.14 of the Revised Code, shall
receive a pro-rated personal leave credit as determined by rule of the
director of administrative services. Such credit shall be made to
each eligible employee in the first
pay the employee receives in December.
Employees, upon giving reasonable notice to the responsible
administrative officer of the appointing authority, may use
personal leave for absence due to mandatory court appearances,
legal or business matters, family emergencies, unusual family
obligations, medical appointments, weddings, religious holidays not listed
in section 124.19 of the Revised Code,
or any other matter of a personal nature. Personal leave may not be used
on a holiday when an employee is scheduled to work.
Personal leave is not available for use until it appears on the employee's earning statement and the compensation described in the earning statement is available to the employee.
(B) When personal leave is used, it shall be deducted from
the unused balance of the employee's personal leave on the basis
of absence in such increments of an hour as the director of
administrative services determines. Compensation for such leave
shall be equal to the employee's base rate of pay.
(C) A newly appointed full-time permanent employee or a
nonfull-time employee who receives a full-time permanent
appointment shall be credited with personal leave of thirty-two
hours, less one and two-tenths hours for each pay period that has
elapsed following the base pay period the first paycheck the employee receives in December, until the first day of the
pay period during which the appointment was effective.
(D) The director of administrative services shall allow
employees to elect one of the following options with respect to
the unused balance of personal leave:
(1) Carry forward the balance. The maximum credit that
shall be available to an employee at any one time is forty hours.
(2) Convert the balance to accumulated sick leave, to be
used in the manner provided by section 124.382 of the Revised
Code;
(3) Receive a cash benefit. The cash benefit shall equal
one hour of the employee's base rate of pay for every hour of
unused credit that is converted. An employee serving in a temporary work
level or an interim appointment who elects to convert unused personal leave to
cash shall do so at the
base rate of pay of the employee's normal classification. Such
cash benefit shall not be
subject to contributions to any of the retirement systems, either
by the employee or the employer.
(E) A full-time permanent employee who separates from
state service or becomes ineligible to be credited with leave under this
section shall receive a reduction of personal leave
credit of one and two-tenths hours for each pay period that
remains beginning with the first pay period following the date of
separation or the effective date of the employee's ineligibility until
the pay period preceding the next base pay
period. After calculation of the reduction of an employee's personal leave
credit, the employee is entitled to compensation for any remaining personal
leave credit at the employee's current base rate of pay. If the
reduction results in a number
of hours less than
zero, the cash equivalent value of such number of hours shall be
deducted from any compensation that remains payable to the
employee, or from the cash conversion value of any vacation or
sick leave that remains credited to the employee. An employee serving in a
temporary work level or an interim appointment who is eligible to receive
compensation under this section shall be compensated at the base rate of pay
of the employee's normal classification.
(F) An employee who transfers from one public agency to
another public agency in which the employee is eligible for the credit
provided under this section shall be credited with the unused balance of
personal leave.
(G) The director of administrative services shall establish
procedures to uniformly administer this section. No personal
leave may be granted to a state employee upon or after retirement
or termination of employment.
Sec. 124.387. Each full-time permanent and part-time permanent
employee whose salary or wage is paid
directly by warrant of the auditor of state director of budget and management shall be granted three days of
bereavement leave with pay upon the death of a member of the employee's
immediate family. Compensation for bereavement leave shall be equal to the
employee's base rate of pay.
Sec. 124.389. The director of administrative services may
establish an
employee exchange program for employees whose salary or wage is
paid directly
by warrant of the auditor of state director of budget and management. The
director of administrative services shall adopt
rules in accordance with Chapter 119. of the Revised Code to
provide for the
administration of the program.
Sec. 124.391. (A) As used in this section, "paid leave" means sick leave,
personal leave, or vacation leave.
(B) The director of administrative services may establish a
program under which an employee paid directly by warrant of the auditor of
state director of budget and management may donate that employee's accrued but unused paid leave to another
employee paid
directly by warrant of the auditor of state director of budget and management who has no accrued but unused paid
leave and who has a critical need for it because of circumstances
such as a serious illness or the serious illness of a member of the employee's
immediate family.
If the director of administrative services establishes a leave donation program under this division,
the director shall adopt rules in accordance with Chapter 119. of the Revised
Code to provide for the administration of the program. These rules shall
include, but not be limited to, provisions that identify the circumstances
under which leave may be donated and that specify the amount, types, and value
of leave that may be donated.
(C) At the discretion of the appropriate legislative authority, a
county may implement a leave donation program, as provided in this section,
for all county agencies or for one or more designated agencies within the
county.
Sec. 124.392. (A) As used in this section, "exempt employee" has the same meaning as in section 124.152 of the Revised Code.
(B) The director of administrative services may establish a voluntary cost savings program for exempt employees. The director shall adopt rules in accordance with Chapter 119. of the Revised Code to provide for the administration of the program.
Sec. 124.82. (A) Except as provided in division (D) of
this
section, the department of administrative services, in
consultation with the superintendent of insurance, shall, in
accordance with competitive selection procedures of Chapter 125.
of the
Revised Code, contract with an insurance
company or a
health plan in combination with an
insurance company, authorized
to do business in this state, for
the issuance of a policy or
contract of health, medical,
hospital, dental, or surgical
benefits, or any combination
of those benefits, covering
state
employees who are paid directly by
warrant of the auditor of
state director of budget and management, including elected state
officials. The department may
fulfill its obligation under this
division by exercising its
authority under division (A)(2) of
section 124.81 of the Revised
Code.
(B) The department may, in addition, in consultation with
the superintendent of insurance, negotiate and contract with
health insuring corporations holding a
certificate of authority
under Chapter 1751. of the
Revised Code, in their approved service
areas only, for
issuance of a contract or contracts of health care
services,
covering state employees who are paid directly by
warrant of the
auditor of state director of budget and management, including elected state
officials. Except for
health insuring corporations, no more than The department may enter into contracts with
one or more insurance carrier carriers or
health plan shall be contracted with plans to
provide the
same
plan of benefits, provided that:
(1) The amount of the premium or cost for such coverage
contributed by the state, for an individual or for an individual
and the individual's family, does not exceed that same
amount of
the premium
or cost contributed by the state under division (A) of
this
section;
(2) The employee be permitted to exercise the option as to
which plan the employee will select under division (A) or (B)
of
this section, at a time that shall
be determined by the
department;
(3) The health insuring corporations do not refuse to accept
the
employee, or the
employee and the employee's family, if the
employee exercises the option to select
care provided by the
corporations;
(4) The employee may choose participation in only one of the
plans sponsored
by the department;
(5) The director of health examines and certifies to the
department that the quality and adequacy of care rendered by the
health insuring corporations meet at least the standards of care
provided
by hospitals
and physicians in that employee's community,
who would be providing
such care as would be covered by a contract
awarded under
division (A) of this section.
(C) All or any portion of the cost, premium, or charge for
the coverage in divisions (A) and (B) of this section may be paid
in such manner or combination of manners as the department
determines and may include the proration of health care costs,
premiums, or
charges for part-time employees.
(D) Notwithstanding division (A) of this section, the
department may provide benefits equivalent to those that may be
paid under a policy or contract issued by an insurance company or
a health plan pursuant to division (A) of this section.
(E) This section does not prohibit the state office of
collective bargaining from entering into an agreement with an
employee representative for the purposes of providing fringe
benefits, including, but not limited to, hospitalization, surgical
care, major medical care, disability, dental care, vision care,
medical care, hearing aids, prescription drugs, group life
insurance, sickness and accident insurance, group legal services
or other benefits, or any combination
of those benefits,
to employees paid
directly by warrant of the auditor of state director of budget and management
through a jointly
administered trust fund. The employer's
contribution for the
cost
of the benefit care shall be mutually
agreed to in the
collectively bargained agreement. The amount,
type, and
structure
of fringe benefits provided under this
division is
subject to the
determination of the board of trustees
of the
jointly administered
trust fund. Notwithstanding any other
provision of the Revised
Code, competitive bidding does not apply
to the purchase of fringe
benefits for employees under this
division when
those benefits are
provided through a jointly
administered trust fund.
(F) Members of state boards
or commissions
may be covered
by any
policy, contract, or plan of benefits or services described
in
division (A) or (B) of this section. Board or
commission members who are appointed for a fixed term and who are
compensated on a per meeting basis, or paid only for expenses, or
receive a combination of per diem payments and expenses shall pay
the entire amount
of the premiums, costs, or charges for that
coverage.
Sec. 124.821. Each state agency shall pay the monthly
enrollee premium for medical insurance coverage under Part B of
"The Social Security Amendments of 1965," 79 Stat. 301, 42 U.S.C.
1395j, as amended, for state employees and elected state
officials who are employed by or serve in the agency, are paid
directly by warrant of the auditor of state director of budget and management, are sixty-five years
of age or older, and are participating in the program of health
insurance for the aged under Title XVIII of the "Social Security
Act," 79 Stat. 286, 42 U.S.C. 1395, as amended. The cost of the
premiums shall not be deducted from any employee's or official's
wage or salary.
The director of administrative services shall uniformly
administer this section and shall, by rule, establish procedures
for carrying out such administration.
Sec. 124.823. The department of administrative services shall establish a
pilot program under which it includes medical savings accounts as part of
any package of health care benefit options offered to state employees and
state elected officials paid by
warrant of the auditor of state director of budget and management. Except for the
provisions in divisions (A) and (B) of section 3924.64 of
the Revised Code concerning designation of an administrator,
a medical savings account established as part of the program is subject to
sections 3924.64 to 3924.74 of the Revised Code.
The
department
is not required to offer the medical savings account option to any state
employee who is covered under a collective bargaining agreement entered into
pursuant to Chapter 4117. of the Revised Code, but a medical savings account
option
may be part of a package of health care benefit options offered pursuant to a
collective bargaining agreement. The department may limit enrollment in the
medical savings account program and may require state employees enrolled in it
to
contribute to their medical savings accounts. The department
shall make both individual and family coverage available through the accounts.
The program shall not increase the cost of providing health insurance to
state employees. The department may end the program at any time not sooner
than two years after it is established, except that the department may not end
the program prior to providing six months' notice to the speaker of the house
of representatives, president of the senate, minority leader of the house and
minority leader of the senate, and the chairs of the standing
committees of the senate and house of representatives with primary
responsibility for health and insurance legislation.
A state employee who
chooses the medical savings account option shall have any state
health, medical, hospital, dental, surgical, and vision benefits
for which the employee is eligible provided through the medical
savings account. The department, under section 124.81 or 124.82
of the Revised
Code, shall contract for or
otherwise provide a high-deductible policy or
contract through which those benefits can be paid.
The employee for whom a medical
savings account is opened shall at the time the account is opened choose an
administrator from a list of administrators designated by the department, one
of which may be the insurer from which the department purchases the
high-deductible policy or contract. If
the employee fails to choose an administrator, the department shall designate
an administrator.
If an elected state official whose term commenced prior to the
establishment of the program elects to participate in the medical savings
account program, participation shall commence at the beginning of the term
following establishment of the program.
Sec. 124.84. (A) The department of administrative
services,
in consultation with the superintendent of insurance
and subject
to division (D) of this section, shall negotiate and
contract with
one or more insurance companies or
health
insuring corporations
authorized to operate or do business in this state
for the
purchase of a
policy of long-term care insurance covering all
state employees
who are paid directly by warrant of the auditor of
state director of budget and management,
including elected state officials. Any policy purchased
under
this division shall be negotiated and entered into in
accordance
with the competitive selection procedures specified in
Chapter 125. of the Revised Code. As used in this section,
"long-term care insurance" has the same meaning as in section
3923.41 of the Revised Code.
(B) Any elected state official or state employee paid
directly by warrant of the auditor of state director of budget and management may elect to
participate in any long-term care insurance policy purchased
under
division (A) of this section. All or any
portion of the premium charged may be paid by the state.
Participation in the policy may
include the dependents and family
members of the elected state
official or state employee.
If a participant in a long-term care insurance policy
leaves
employment, the participant and
the participant's dependents and
family members
may, at their election, continue to participate in
a policy
established under this section. The manner of payment
and the portion of premium charged the participant, dependent, and family member shall be
established pursuant to division (E) of this section.
(C) Any long-term care insurance policy purchased under
this
section or section 124.841 or 145.581 of the Revised Code
shall
provide for all of the following with respect to the
premiums
charged for the policy:
(1) They shall be set at the entry age of the official or
employee when first covered by the policy and shall not increase
except as a class during coverage under the policy.
(2) They shall be based on the class of all officials or
employees covered by the policy.
(3) They shall continue, pursuant to section 145.581 of
the
Revised Code, after the retirement of the official or
employee who
is covered under the policy, at the rate in effect
on the date of
the official's or employee's retirement.
(D) Prior to entering into a contract with an insurance
company or health insuring corporation for the purchase of a
long-term
care
insurance policy under this section, the department
shall request
the superintendent of insurance to certify the
financial
condition of the company or corporation. The
department
shall not enter into the contract if, according to
that
certification, the company or corporation is insolvent, is
determined by the superintendent to be
potentially
unable to
fulfill its contractual obligations, or is placed under
an order
of rehabilitation or conservation by a court of
competent
jurisdiction or under an order of supervision by the
superintendent.
(E) The department shall adopt rules in accordance with
section 111.15 of the Revised Code governing long-term care
insurance purchased under this section.
All or any
portion of the premium charged the participants, dependents, and family members shall be paid in such manner or
combination of manners as the department determines.
Sec. 124.87. (A) There is hereby established in the state
treasury the state employee health benefit fund for the sole
purpose of enabling the department of administrative services to
provide state employees with any benefits specified in division
(A) of section 124.82 of the Revised Code.
(B) The fund shall be under the supervision of the
department. The department shall be responsible, under approved
bonds, for all moneys coming into, and paid out of, the fund in
accordance with this section and shall ensure that the fund is
actuarially sound. Amounts from the fund may be used to pay direct and
indirect costs that are attributable to consultants or a third-party
administrator administrators and that are necessary to administer this section.
(C) In carrying out its duties and responsibilities, the
department shall do the following:
(1) Adopt rules with regard to the administration of the
fund;
(2) With respect to benefits specified in division (A) of
section 124.82 of the Revised Code, enter into a contract with a
company authorized to do the business of sickness and accident
insurance under Title XXXIX of the Revised Code or a professional
claim administrator, to serve as administrator of that portion of
the fund set aside to provide such those benefits. As used in this
division, a "professional claim administrator" means any person
that has experience in the handling of insurance claims and has
been determined by the department to be fully qualified,
financially sound, and capable of meeting all of the service
requirements of the contract of administration under such
criteria as may be established by rules adopted by the
department. With respect to the benefits specified in division (A) of section
124.82 of
the Revised Code, if the fund is the secondary payor of these
benefits, the amount the professional claim administrator may pay
is limited to an amount that will yield a benefit no greater than
the amount that would have been paid if the fund were the primary
payor of these benefits.
(3) Adopt rules governing the conditions under which an
employee may participate in or withdraw from the fund, and the
procedure by which the employee is to contribute to the fund;
(4) Adopt rules to ensure that the fund is actuarially
sound;
(5) Adopt rules to ensure the integrity of the fund, and
to ensure that the fund be used solely for the purpose specified
in division (A) of this section.
The department shall adopt all rules pursuant to this
section in accordance with Chapter 119. of the Revised Code.
(D) Amounts withheld from employees, amounts contributed
by the state or from federal funds, and all amounts contributed
by any state authority, shall be credited to the fund. All other
income, including the income derived from any dividends and
distributions, interest earned, premium rate adjustments, or
other refunds, shall also be credited to the fund. Any amounts
remaining in the fund after all premiums or subscription charges,
and other expenses have been paid, shall be retained in the fund
as a special reserve for adverse fluctuation.
(E) All income derived from the investment of the fund
shall accrue to the fund.
(F) The department shall have prepared every year, by a
competent actuary familiar with health and life insurance, a
report showing a complete actuarial evaluation of the fund and
the adequacy of the rates of contribution, which report shall
contain such recommendations as the actuary considers advisable.
The department may at any time may request the actuary to make any
studies or evaluations to determine the adequacy of the rates of
contribution, and such those rates may be adjusted by the department,
as recommended by the actuary, effective as of the first of any
fiscal year thereafter.
Sec. 125.21. The director of administrative services shall
process payroll information for
the purpose of payment for personal
services of state officials and employees on the basis of rates
of pay determined by pertinent law, the director, or other
competent authority.
Calculation of payrolls may be made after the conclusion of
each pay period based upon the amount of time served as certified
by the appropriate appointing authority. Payment for personal
service rendered by an official or employee during any pay period
shall be made no later than at the conclusion of the official's
or employee's next succeeding pay period.
The director of administrative services shall furnish to the auditor of state director of budget and management all
necessary data for drawing state official and employee pay
warrants and preparing earning statements. These data shall
include the rate at which paid; the time for which paid,
including overtime and any other adjustments affecting the
official's or employee's gross pay; all taxes withheld,
including, whenever practicable, year-to-date figures on all
taxes withheld; the amount of contribution to the appropriate
retirement system; any voluntary deductions made in accordance
with authorizations filed by the official or employee; and
whether a direct deposit is to be made in accordance with an
authorization filed by the official or employee.
Amounts deducted from the salaries or wages of all
officials and employees shall be transferred to the payroll
withholding fund, which is hereby created in the state treasury
for the purpose of consolidating all such deductions made in any
month. Payments from this fund shall be made at intervals for
the intended purpose of the deduction or for refund where it is
determined that deductions were made in error.
Sec. 126.07. No contract, agreement, or obligation
involving the expenditure of money chargeable to an
appropriation, nor any resolution or order for the expenditure of
money chargeable to an appropriation, shall be valid and
enforceable unless the director of budget and management first
certifies that there is a balance in the appropriation not
already obligated to pay existing obligations, in an amount at least
equal to
the portion of the contract, agreement, obligation, resolution, or order to be
performed in the current fiscal year. Any written
contract or agreement entered into by the state shall contain a
clause stating that the obligations of the state are subject to
this section.
In order to make a payment from the state treasury, a state
agency shall first submit to the director all invoices, claims,
vouchers, and other evidentiary matter related to the payment.
If the director approves payment to be made, the director
shall submit the
approval to the auditor of state for the drawing of draw a warrant as
provided in section 117.45 126.35 of the Revised Code. The director
shall not approve payment to be made if the director finds
that there is
not an unobligated balance in the appropriation for the payment,
that the payment is not for a valid claim against the state that
is legally due, or that insufficient evidentiary matter has been
submitted. If the director does not approve payment, the
director shall
notify the agency of the reasons the director has not given
approval.
In approving payments to be made under this section, the
director, upon receipt of certification from the
director of job and family
services pursuant to
section 4141.231 of
the Revised Code, shall withhold from amounts otherwise payable
to a person who is the subject of the director of
jobs and family services'
certification, the amount certified to be due and unpaid to the
director of job and family
services, and shall approve for payment to
the director of job and family
services, the amount withheld.
Sec. 126.21. (A) The director of budget and management
shall do all
of the following:
(1) Keep all necessary accounting records;
(2) Prescribe and maintain the accounting system of the
state and establish appropriate accounting procedures and charts
of accounts;
(3) Establish procedures for the use of written,
electronic,
optical, or
other communications media for approving payment
vouchers;
(4) Reconcile, in the case of any variation between the
amount of any appropriation and the aggregate amount of items
of
the appropriation, with the advice and assistance of
the state
agency
affected by it and the
legislative service commission,
totals so as to correspond in the
aggregate with the total
appropriation. In the case of a
conflict
between the item and the
total of which it is a part,
the item
shall be considered the
intended appropriation.
(5) Evaluate on an ongoing basis and, if necessary,
recommend improvements to the internal controls used in state
agencies;
(6) Authorize the establishment of petty cash
accounts. The
director of budget and management may withdraw approval for
any
petty cash account and require the officer in charge to
return to
the state treasury any unexpended balance shown by
the officer's
accounts to be on hand. Any officer who is issued a
warrant for
petty cash shall render a detailed account of the expenditures of
the petty cash and shall report when requested the balance
of
petty cash on hand at any time.
(7) Process orders, invoices, vouchers, claims, and
payrolls
and prepare financial reports and statements;
(8) Perform extensions, reviews, and
compliance
checks prior
to approving a payment as the director considers
necessary;
(9) Issue the official comprehensive annual financial
report
of the state. The report shall cover all funds
of the state
reporting entity and shall include
basic financial statements
and
required supplementary information
prepared in accordance with
generally accepted accounting
principles and other
information as
the director provides. All
state agencies,
authorities,
institutions, offices, retirement
systems, and other
component
units of the state reporting entity
as determined by
the director
shall furnish the director whatever
financial
statements and other
information the director requests
for
the report, in the form, at
the times,
covering the periods,
and with the
attestation the
director prescribes. The information
for state
institutions of
higher education, as defined in
section
3345.011 of the Revised
Code, shall be submitted to the
director
by the Ohio board of
regents. The board shall establish
a due
date by which each such
institution shall submit the
information
to the board, but no such
date shall be later than
one hundred
twenty days after the end of
the state fiscal year
unless a later
date is approved by the
director.
(B) In addition to the director's duties under division
(A)
of this section, the director of budget and management may
establish and administer one or more state payment card programs
that permit or
require state agencies to use a payment card to
purchase equipment, materials,
supplies, or services in accordance
with guidelines issued by the director.
The director may contract
with one or more vendors to provide the payment
cards and payment
card services. State agencies may only participate in state
payment card programs that the director establishes pursuant to
this section.
(C) In addition to the director's duties under divisions (A) and (B) of this section, the director may enter into any contract or agreement necessary for and incidental to the performance of the director's duties or the duties of the office of budget and management.
Sec. 126.22. The director of budget and management may:
(A) Perform or contract for accounting services for and design and implement
accounting systems with state agencies;
(B) Provide other accounting services, including the preparation and
submission of reports;
(C) Change any accounting code appearing in appropriations acts of the
general assembly.
Sec. 117.45 126.35. (A) The auditor of state director of budget and management 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 director of budget and management 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 director of budget and management 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 director of budget and management 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 director of budget and management or the
auditor of state's director'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 director of budget and management may mail the paper warrants to the respective
payees or distribute them through other state agencies, whichever
the auditor of state director determines to be the better procedure.
(D) If the average per transaction cost the auditor of
state director of budget and management incurs in making direct deposits for a state agency exceeds
the average per transaction cost the auditor of state director incurs
in drawing paper
warrants for all public offices during the same period of time,
the auditor of state director may certify the difference in cost and
the number of direct
deposits for the agency to the director of administrative
services. The director of administrative services shall reimburse the auditor of state director of budget and management for
such additional costs and add the amount to the processing charge
assessed upon the state agency.
Sec. 117.46 126.36. If the auditor of state director of budget and management is satisfied, by
affidavit or otherwise, that any warrant on the state treasury
drawn by him the director has been lost or destroyed
prior to its presentation
for payment, he the director may issue to the proper
person a replacement of
the lost or destroyed warrant; provided, that before issuing the
replacement, he the director shall require that the
person making application
therefor execute a formal agreement to indemnify the state for
any loss or damage sustained on account of the issuance of the
replacement and the subsequent presentation and payment of the
original. The form of the agreement shall be prepared by the
attorney general. The agreement when executed shall be filed
with the auditor of state director. The treasurer of state shall not be
liable because of his paying the payment of any replacement
warrant drawn under this section.
Sec. 117.47 126.37. (A) The auditor of state director of budget and management shall void any
warrant he the director draws on the state treasury
pursuant to Chapter 5733.
or 5747. of the Revised Code that is not presented for payment to
the treasurer of state within two years after the date of
issuance and shall void any other warrant he the director draws on the state
treasury that is not presented to the treasurer of state within
ninety days after the date of issuance.
(B) If a warrant voided pursuant to division (A) of this
section was drawn against an appropriation of the current fiscal
year and the holder of the voided warrant presents the warrant
for reissuance, in the same fiscal year, to the state agency that
made the payment originally, the agency shall prepare a voucher
for the holder of the voided warrant, in the amount shown on the
warrant that has been voided, against the same appropriation of
the same fiscal year if the agency is satisfied that payment is
proper.
(C) If a warrant was drawn against an appropriation of the
first fiscal year of the fiscal biennium and voided pursuant to
division (A) of this section in either fiscal year of the
biennium and if the holder of the voided warrant presents the
warrant for reissuance, in the second fiscal year of the
biennium, to the state agency that made the payment originally,
the agency shall prepare a voucher for the holder of the voided
warrant, in the amount shown on the warrant that has been voided,
against funds transferred to the agency by the director of budget
and management pursuant to section 131.33 of the Revised Code, if
the agency is satisfied that payment is proper. If no such funds
are available for transfer, the agency shall prepare the voucher
against any unexpended appropriations of the current fiscal year
available to it.
(D) If a warrant was drawn against an appropriation and,
during the same biennium, was voided pursuant to division (A) of
this section, and if, after that biennium, the holder of the
voided warrant presents the warrant for reissuance to the state
agency that made the payment originally, the agency shall prepare
a voucher for the holder of the voided warrant, in the amount
shown on the warrant that has been voided, against any
appropriation of the current fiscal year made to the agency if
the agency is satisfied that payment is proper.
(E) If a warrant voided pursuant to division (A) of this
section was drawn against an appropriation of a previous fiscal
year and voided after that fiscal biennium and if the holder of
the voided warrant presents the warrant for reissuance to the
state agency that made the payment originally, the agency shall
forward the warrant to the director of budget and management with
a request for reissuance. The director shall make payment to the
holder of the voided warrant, in the amount shown on the warrant
that has been voided, against an appropriation of the current
fiscal year made to the director of budget and management for the
reissuance of voided warrants, if the director of budget and
management is satisfied that reissuance of the warrant is proper.
Sec. 117.48 126.38. The auditor of state director of budget and management shall furnish an earnings statement with
each pay warrant issued to a state employee paid on a payroll voucher. The
statement shall include a summary of the earnings information provided to the
auditor of state director pursuant to section 125.21 of the Revised Code.
Sec. 131.01. As used in Chapters 113., 117., 123., 124.,
125., 126., 127., and 131. of the Revised Code, and any statute
that uses the terms in connection with state accounting or
budgeting:
(A)
"Account" means any record, element, or summary in
which
financial transactions are identified and recorded as debit
or
credit transactions in order to summarize items of a similar
nature or classification.
(B)
"Accounting procedure" means the arrangement of all
processes which discover, record, and summarize financial
information to produce financial statements and reports and to
provide internal control.
(C)
"Accounting system" means the total structure of
records
and procedures which discover, record, classify, and
report
information on the financial position and operations of a
governmental unit or any of its funds
and organizational
components.
(D)
"Allocation" means a portion of an appropriation which
is
designated for expenditure by specific organizational units or
for
special purposes, activities, or objects that do not relate
to a
period of time.
(E)
"Allotment" means all or part of an appropriation
which
may be encumbered or expended within a specific period of
time.
(F)
"Appropriation" means an authorization granted by the
general assembly to make expenditures and to incur obligations
for
specific purposes.
(G)
"Assets" means resources owned, controlled, or
otherwise
used or held by the state which have monetary value.
(H)
"Budget" means the plan of financial operation
embodying
an estimate of proposed expenditures and obligations
for a given
period and the proposed means of financing them.
(I)
"Direct deposit" is a form of electronic funds
transfer
in which money is electronically deposited into the
account of a
person or entity at a financial institution.
(J)
"Disbursement" means a payment made for any purpose.
(K)
"Electronic benefit transfer" means the electronic
delivery of benefits through automated teller
machines, point of
sale terminals, or other electronic media
pursuant to section
5101.33 of the Revised Code.
(L)
"Electronic funds transfer" means the electronic
movement
of funds via automated clearing house or wire transfer.
(M)
"Encumbrancing document" means a document reserving
all
or part of an appropriation.
(N)
"Expenditure" means a reduction of the balance of an
appropriation after legal requirements have been met.
(O)
"Fund" means an independent fiscal and accounting
entity
with a self-balancing set of accounts recording cash or
other
resources, together with all related liabilities,
obligations,
reserves, and fund balances which are segregated for
the purpose
of carrying on specific activities or attaining
certain objectives
in accordance with special rules,
restrictions, or limitations.
(P)
"Lapse" means the automatic termination of an
appropriation at the end of the fiscal period for which it was
appropriated.
(Q)
"Reappropriation" means an appropriation of a previous
appropriation that is continued in force in a succeeding
appropriation period.
"Reappropriation" shall be equated with
and
incorporated in the term
"appropriation."
(R)
"Voucher" means the document used to transmit a claim
for
payment and evidentiary matter related to the claim.
(S)
"Warrant" means an order drawn upon the treasurer of
state by the auditor of state director of budget and management directing the treasurer of state to
pay a specified amount, including an order to make a lump-sum
payment to a financial institution for the transfer of funds by
direct deposit or the drawdown of funds by electronic benefit
transfer, and the resulting electronic transfer to or by the
ultimate payees.
The terms defined in this section shall be used, on all
accounting forms, reports, formal rules, and budget requests
produced by a state agency, only as defined in this section.
Sec. 131.02. (A) Whenever Except as otherwise provided in section 4123.37 and division (J) of section 4123.511 of the Revised Code, 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. Except as otherwise provided in this division, 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. In the case of an amount payable by a student enrolled in a state institution of higher education, the amount shall be certified within the later of forty-five days after the amount is due or the tenth day after the beginning of the next academic semester, quarter, or other session following the session for which the payment is payable. The attorney general may assess the collection cost to the amount certified in such manner and amount as prescribed by the attorney general.
For the purposes of this section, the attorney general and the officer, employee, or agent responsible for administering the law under which the amount is payable shall agree on the time a payment is due, and that agreed upon time shall be one of the following times:
(1) If a law, including an administrative rule, of this state prescribes the time a payment is required to be made or reported, when the payment is required by that law to be paid or reported.
(2) If the payment is for services rendered, when the rendering of the services is completed.
(3) If the payment is reimbursement for a loss, when the loss is incurred.
(4) In the case of a fine or penalty for which a law or administrative rule does not prescribe a time for payment, when the fine or penalty is first assessed.
(5) If the payment arises from a legal finding, judgment, or adjudication order, when the finding, judgment, or order is rendered or issued.
(6) If the payment arises from an overpayment of money by the state to another person, when the overpayment is discovered.
(7) The date on which the amount for which an individual is personally liable under section 5735.35, section 5739.33, or division (G) of section 5747.07 of the Revised Code is determined.
(8) Upon proof of claim being filed in a bankruptcy case.
(9) Any other appropriate time determined by the attorney general and the officer, employee, or agent responsible for administering the law under which the amount is payable on the basis of statutory requirements or ordinary business processes of the state agency to which the payment is owed.
(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
rate per annum
required by section 5703.47 of the Revised Code.
(E) The attorney general and the chief officer of the agency
reporting a claim, acting together, may do 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.
(F)(1) Except as provided in division (F)(2) of this section, if the attorney general finds, after investigation, that any claim due and owing to the state is uncollectible, the attorney general, with the consent of the chief officer of the agency reporting the claim, may do the following:
(a) Sell, convey, or otherwise transfer the claim to one or more private entities for collection;
(b) Cancel the claim or cause it to be cancelled canceled.
(2) The attorney general shall cancel or cause to be cancelled canceled an unsatisfied claim on the date that is forty years after the date the claim is certified.
(3) If information contained in a claim that is sold, conveyed, or transferred to a private entity pursuant to this section is confidential pursuant to federal law or a section of the Revised Code that implements a federal law governing confidentiality, such information remains subject to that law during and following the sale, conveyance, or transfer.
Sec. 131.022. (A) As used in this section:
(1) "Final overdue claim" means a claim that has been certified to the attorney general under section 131.02 of the Revised Code, that has been final for at least one year, and for which no arrangements have been made for the payment of the claim or, if arrangements for the payment of the claim have been made, the person owing the claim has failed to comply with the terms of the arrangement for more than thirty days.
"Final overdue claim" includes collection costs incurred with respect to the claim that is the basis of the final overdue claim and assessed by the attorney general under division (A) of section 131.02 of the Revised Code, interest accreting to the claim under division (D) of that section, and fees added under division (E)(3) of that section.
(2) "Final" means a claim has been finalized under the law providing for the imposition or determination of the amount due, and any time provided for appeal of the amount, legality, or validity of the claim has expired without an appeal having been filed in the manner provided by law. "Final" includes, but is not limited to, a final determination of the tax commissioner for which the time for appeal has expired without a notice of appeal having been filed.
(B) If a claim is certified to the attorney general under section 131.02 of the Revised Code, at any time after the claim is a final overdue claim, the attorney general may, subject to the approval of the chief officer of the agency reporting the claim and of the controlling board, sell the claim to any person through a competitive process. If federal funds comprise all or a part of the claim, it may not be sold unless the chief officer determines that the sale of the claim will not have an adverse financial impact on the state due to any requirement of the state to repay the federal funds to the federal government.
(C) The attorney general may consolidate any number of final overdue claims for sale under this section.
(D) Not less than sixty days before first offering a final overdue claim for sale, the attorney general shall provide written notice, by ordinary mail, to the person owing the claim at that person's last known mailing address. The notice shall state the following:
(1) The nature and amount of the claim;
(2) The manner in which the person may contact the office of the attorney general to arrange terms for payment of the claim;
(3) That if the person does not contact the office of the attorney general within sixty days after the date the notice is issued and arrange terms of payment of the claim all of the following apply:
(a) The attorney general will offer the claim for sale to a private party for collection by that party by any legal means;
(b) The person is deemed to be denied any right to seek and obtain a refund of any amount from which the claim arises if the applicable law otherwise allows for a refund of that nature;
(c) Except as provided in division (I) of this section, the person is deemed to waive any right the person may have to confidentiality of information regarding the claim to the extent confidentiality is provided under any other section of the Revised Code.
(E) Upon the sale of a final overdue claim under this section, the claim becomes the property of the purchaser, and the purchaser may sell or otherwise transfer the claim to any other person or otherwise dispose of the claim. The owner of the claim is entitled to all proceeds from the collection of the claim, except the owner of the claim shall reimburse the state for costs it incurs after the sale of the claim in assisting or facilitating the collection of the claim including, without limitation, costs of time expended by state employees. Purchasers or transferees of a final overdue claim are subject to any applicable laws governing collection of debts of the kind represented by the claim.
(F) Upon the sale or transfer of a final overdue claim under this section, no refund shall be issued or paid to the person owing the claim for any part of the amount from which the claim arises. The sale or transfer of a claim under this section or division (F) of section 131.02 of the Revised Code shall not compromise any criminal, civil, or administrative action initiated by the state against any person owing the claim.
(G) Except as provided in division (I) of this section, and notwithstanding any other section of the Revised Code, the attorney general, solely for the purpose of effecting the sale or transfer of a final overdue claim under this section, may disclose information about the person owing the claim that otherwise would be confidential under a section of the Revised Code, and the person shall have no right of action against that disclosure to the extent a right of that nature is available under that section.
(H) The authority granted under this section is supplemental to the authority granted under section 131.02 of the Revised Code.
(I) If information contained in a claim that is sold, conveyed, or transferred to a private entity pursuant to this section is confidential pursuant to federal law or a section of the Revised Code that implements a federal law governing confidentiality, such information remains subject to that law during and following the sale, conveyance, or transfer. A private entity to which a claim is sold, conveyed, or transferred is bound by all federal and state confidentiality requirements concerning such information.
Sec. 131.33. No state agency shall incur an obligation
which exceeds the agency's current appropriation authority.
Unexpended balances of appropriations shall, at the close of the
period for which the appropriations are made, revert to the funds
from which the appropriations were made, except that the director
of budget and management shall transfer such unexpended balances
from the first fiscal year to the second fiscal year of an
agency's appropriations to the extent necessary for voided
warrants to be reissued pursuant to division (C) of section
117.47 126.37 of the Revised Code.
Except as provided in this section, appropriations made to
a specific fiscal year shall be expended only to pay liabilities
incurred within that fiscal year.
All payrolls shall be charged to the allotments of the
fiscal quarters in which the applicable payroll vouchers are
certified by the director of budget and management in accordance
with section 126.07 of the Revised Code. As used in this
section, "payrolls" means any payment made in accordance with
section 125.21 of the Revised Code.
Legal liabilities from prior fiscal years for which there
is no reappropriation authority shall be discharged from the
unencumbered balances of current appropriations.
Sec. 133.01. As used in this chapter, in sections 9.95,
9.96, and 2151.655
of the Revised Code, in other sections of the
Revised Code that make reference to this chapter unless the
context does not permit, and in related proceedings, unless
otherwise expressly provided:
(A) "Acquisition" as applied to real or personal property
includes, among other forms of acquisition, acquisition by
exercise of a purchase option, and acquisition of interests in
property, including, without limitation, easements and
rights-of-way, and leasehold and other lease interests initially
extending or extendable for a period of at least sixty months.
(B) "Anticipatory securities" means securities, including
notes, issued in anticipation of the issuance of other
securities.
(C) "Board of elections" means the county board of
elections
of the county in which the subdivision is located. If
the
subdivision is located in more than one county, "board of
elections" means the county board of elections of the county that
contains the largest portion of the population of the subdivision
or that otherwise has jurisdiction in practice over and
customarily handles election matters relating to the subdivision.
(D) "Bond retirement fund" means the bond retirement fund
provided for in section 5705.09 of the Revised Code, and also
means a sinking fund or any other special fund, regardless of the
name applied to it, established by or pursuant to law or the
proceedings for the payment of debt charges. Provision may be
made in the applicable proceedings for the establishment in a
bond
retirement fund of separate accounts relating to debt
charges on
particular securities, or on securities payable from
the same or
common sources, and for the application of moneys in
those
accounts only to specified debt charges on specified
securities or
categories of securities. Subject to law and any
provisions in
the applicable proceedings, moneys in a bond
retirement fund or
separate account in a bond retirement fund may
be transferred to
other funds and accounts.
(E) "Capitalized interest" means all or a portion of the
interest payable on securities from their date to a date stated
or
provided for in the applicable legislation, which interest is
to
be paid from the proceeds of the securities.
(F) "Chapter 133. securities" means securities authorized
by
or issued pursuant to or in accordance with this chapter.
(G) "County auditor" means the county auditor of the
county
in which the subdivision is located. If the subdivision
is
located in more than one county, "county auditor" means the
county
auditor of the county that contains the highest amount of
the tax
valuation of the subdivision or that otherwise has
jurisdiction in
practice over and customarily handles property
tax matters
relating to the subdivision. In the case of a county
that has
adopted a charter, "county auditor" means the officer
who
generally has the duties and functions provided in the
Revised
Code for a county auditor.
(H) "Credit enhancement facilities" means letters of
credit,
lines of credit, stand-by, contingent, or firm securities
purchase
agreements, insurance, or surety arrangements,
guarantees, and
other arrangements that provide for direct or
contingent payment
of debt charges, for security or additional
security in the event
of nonpayment or default in respect of
securities, or for making
payment of debt charges to and at the
option and on demand of
securities holders or at the option of
the issuer or upon certain
conditions occurring under put or
similar arrangements, or for
otherwise supporting the credit or
liquidity of the securities,
and includes credit, reimbursement,
marketing, remarketing,
indexing, carrying, interest rate hedge,
and subrogation
agreements, and other agreements and arrangements
for payment and
reimbursement of the person providing the credit
enhancement
facility and the security for that payment and
reimbursement.
(I) "Current operating expenses" or "current expenses"
means
the lawful expenditures of a subdivision, except those for
permanent improvements and for payments of debt charges of the
subdivision.
(J) "Debt charges" means the principal, including any
mandatory sinking fund deposits and mandatory redemption
payments,
interest, and any redemption premium, payable on
securities as
those payments come due and are payable. The use
of "debt
charges" for this purpose does not imply that any
particular
securities constitute debt within the meaning of the
Ohio
Constitution or other laws.
(K) "Financing costs" means all costs and expenses
relating
to the authorization, including any required election,
issuance,
sale, delivery, authentication, deposit, custody,
clearing,
registration, transfer, exchange, fractionalization,
replacement,
payment, and servicing of securities, including,
without
limitation, costs and expenses for or relating to
publication and
printing, postage, delivery, preliminary and
final official
statements, offering circulars, and informational
statements,
travel and transportation, underwriters, placement
agents,
investment bankers, paying agents, registrars,
authenticating
agents, remarketing agents, custodians, clearing
agencies or
corporations, securities depositories, financial
advisory
services, certifications, audits, federal or state
regulatory
agencies, accounting and computation services, legal
services and
obtaining approving legal opinions and other legal
opinions,
credit ratings, redemption premiums, and credit
enhancement
facilities. Financing costs may be paid from any
moneys available
for the purpose, including, unless otherwise
provided in the
proceedings, from the proceeds of the securities
to which they
relate and, as to future financing costs, from the
same sources
from which debt charges on the securities are paid
and as though
debt charges.
(L) "Fiscal officer" means the following, or, in the case
of
absence or vacancy in the office, a deputy or assistant
authorized
by law or charter to act in the place of the named
officer, or if
there is no such authorization then the deputy or
assistant
authorized by legislation to act in the place of the
named officer
for purposes of this chapter, in the case of the
following
subdivisions:
(1) A county, the county auditor;
(2) A municipal corporation, the city auditor or village
clerk or clerk-treasurer, or the officer who, by virtue of a
charter, has the duties and functions provided in the Revised
Code
for the city auditor or village clerk or clerk-treasurer;
(3) A school district, the treasurer of the board of
education;
(4) A regional water and sewer district, the secretary of
the board of trustees;
(5) A joint township hospital district, the treasurer of
the
district;
(6) A joint ambulance district, the clerk of the board of
trustees;
(7) A joint recreation district, the person designated
pursuant to section 755.15 of the Revised Code;
(8) A detention facility district or a district organized
under section 2151.65 of the Revised Code or a combined district
organized under sections 2152.41 and 2151.65 of the
Revised Code,
the county auditor of the county designated by law to act as the
auditor of the district;
(9) A township, a fire district organized under division (C)
of section 505.37 of the Revised Code, or a township police
district, the fiscal officer of
the township;
(10) A joint fire district, the clerk of the board of
trustees of that district;
(11) A regional or county library district, the person
responsible for the financial affairs of that district;
(12) A joint solid waste management district, the fiscal
officer appointed by the board of directors of the district under
section 343.01 of the Revised Code;
(13) A joint emergency medical services district, the person
appointed as
fiscal officer pursuant to division (D) of section
307.053 of the Revised
Code;
(14) A fire and ambulance district, the person appointed as
fiscal officer
under division (B) of section 505.375 of the
Revised Code;
(15) A subdivision described in division (MM)(17) of
this
section, the officer who is designated by law as or performs
the
functions of its chief fiscal officer.
(M) "Fiscal year" has the same meaning as in section 9.34
of
the Revised Code.
(N) "Fractionalized interests in public obligations" means
participations, certificates of participation, shares, or other
instruments or agreements, separate from the public obligations
themselves, evidencing ownership of interests in public
obligations or of rights to receive payments of, or on account
of,
principal or interest or their equivalents payable by or on
behalf
of an obligor pursuant to public obligations.
(O) "Fully registered securities" means securities in
certificated or uncertificated form, registered as to both
principal and interest in the name of the owner.
(P) "Fund" means to provide for the payment of debt
charges
and expenses related to that payment at or prior to
retirement by
purchase, call for redemption, payment at maturity,
or otherwise.
(Q) "General obligation" means securities to the payment
of
debt charges on which the full faith and credit and the
general
property taxing power, including taxes within the tax
limitation
if available to the subdivision, of the subdivision
are pledged.
(R) "Interest" or "interest equivalent" means those
payments
or portions of payments, however denominated, that
constitute or
represent consideration for forbearing the
collection of money, or
for deferring the receipt of payment of
money to a future time.
(S) "Internal Revenue Code" means the "Internal Revenue
Code
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1 et seq., as amended,
and
includes any laws of the United States providing for
application
of that code.
(T) "Issuer" means any public issuer and any nonprofit
corporation authorized to issue securities for or on behalf of
any
public issuer.
(U) "Legislation" means an ordinance or resolution passed
by
a majority affirmative vote of the then members of the taxing
authority unless a different vote is required by charter
provisions governing the passage of the particular legislation by
the taxing authority.
(V) "Mandatory sinking fund redemption requirements" means
amounts required by proceedings to be deposited in a bond
retirement fund for the purpose of paying in any year or fiscal
year by mandatory redemption prior to stated maturity the
principal of securities that is due and payable, except for
mandatory prior redemption requirements as provided in those
proceedings, in a subsequent year or fiscal year.
(W) "Mandatory sinking fund requirements" means amounts
required by proceedings to be deposited in a year or fiscal year
in a bond retirement fund for the purpose of paying the principal
of securities that is due and payable in a subsequent year or
fiscal year.
(X) "Net indebtedness" has the same meaning as in division
(A) of section 133.04 of the Revised Code.
(Y) "Obligor," in the case of securities or fractionalized
interests in public obligations issued by another person the debt
charges or their equivalents on which are payable from payments
made by a public issuer, means that public issuer.
(Z) "One purpose" relating to permanent improvements means
any one permanent improvement or group or category of permanent
improvements for the same utility, enterprise, system, or
project,
development or redevelopment project, or for or devoted
to the
same general purpose, function, or use or for which
self-supporting securities, based on the same or different
sources
of revenues, may be issued or for which special
assessments may be
levied by a single ordinance or resolution.
"One purpose"
includes, but is not limited to, in any case any
off-street
parking facilities relating to another permanent
improvement, and:
(1) Any number of roads, highways, streets, bridges,
sidewalks, and viaducts;
(2) Any number of off-street parking facilities;
(3) In the case of a county, any number of permanent
improvements for courthouse, jail, county offices, and other
county buildings, and related facilities;
(4) In the case of a school district, any number of
facilities and buildings for school district purposes, and
related
facilities.
(AA) "Outstanding," referring to securities, means
securities that have been issued, delivered, and paid for, except
any of the following:
(1) Securities canceled upon surrender, exchange, or
transfer, or upon payment or redemption;
(2) Securities in replacement of which or in exchange for
which other securities have been issued;
(3) Securities for the payment, or redemption or purchase
for cancellation prior to maturity, of which sufficient moneys or
investments, in accordance with the applicable legislation or
other proceedings or any applicable law, by mandatory sinking
fund
redemption requirements, mandatory sinking fund
requirements, or
otherwise, have been deposited, and credited for
the purpose in a
bond retirement fund or with a trustee or paying
or escrow agent,
whether at or prior to their maturity or
redemption, and, in the
case of securities to be redeemed prior
to their stated maturity,
notice of redemption has been given or
satisfactory arrangements
have been made for giving notice of
that redemption, or waiver of
that notice by or on behalf of the
affected security holders has
been filed with the subdivision or
its agent for the purpose.
(BB) "Paying agent" means the one or more banks, trust
companies, or other financial institutions or qualified persons,
including an appropriate office or officer of the subdivision,
designated as a paying agent or place of payment of debt charges
on the particular securities.
(CC) "Permanent improvement" or "improvement" means any
property, asset, or improvement certified by the fiscal officer,
which certification is conclusive, as having an estimated life or
period of usefulness of five years or more, and includes, but is
not limited to, real estate, buildings, and personal property and
interests in real estate, buildings, and personal property,
equipment, furnishings, and site improvements, and
reconstruction,
rehabilitation, renovation, installation,
improvement,
enlargement, and extension of property, assets, or
improvements so
certified as having an estimated life or period
of usefulness of
five years or more. The acquisition of all the
stock ownership of
a corporation is the acquisition of a
permanent improvement to the
extent that the value of that stock
is represented by permanent
improvements. A permanent
improvement for parking, highway, road,
and street purposes
includes resurfacing, but does not include
ordinary repair.
(DD) "Person" has the same meaning as in section 1.59 of
the
Revised Code and also includes any federal, state,
interstate,
regional, or local governmental agency, any
subdivision, and any
combination of those persons.
(EE) "Proceedings" means the legislation, certifications,
notices, orders, sale proceedings, trust agreement or indenture,
mortgage, lease, lease-purchase agreement, assignment, credit
enhancement facility agreements, and other agreements,
instruments, and documents, as amended and supplemented, and any
election proceedings, authorizing, or providing for the terms and
conditions applicable to, or providing for the security or sale
or
award of, public obligations, and includes the provisions set
forth or incorporated in those public obligations and
proceedings.
(FF) "Public issuer" means any of the following that is
authorized by law to issue securities or enter into public
obligations:
(1) The state, including an agency, commission, officer,
institution, board, authority, or other instrumentality of the
state;
(2) A taxing authority, subdivision, district, or other
local public or governmental entity, and any combination or
consortium, or public division, district, commission, authority,
department, board, officer, or institution, thereof;
(3) Any other body corporate and politic, or other public
entity.
(GG) "Public obligations" means both of the following:
(2) Obligations of a public issuer to make payments under
installment sale, lease, lease purchase, or similar agreements,
which obligations bear interest or interest equivalent.
(HH) "Refund" means to fund and retire outstanding
securities, including advance refunding with or without payment
or
redemption prior to maturity.
(II) "Register" means the books kept and maintained by the
registrar for registration, exchange, and transfer of registered
securities.
(JJ) "Registrar" means the person responsible for keeping
the register for the particular registered securities, designated
by or pursuant to the proceedings.
(KK) "Securities" means bonds, notes, certificates of
indebtedness, commercial paper, and other instruments in writing,
including, unless the context does not admit, anticipatory
securities, issued by an issuer to evidence its obligation to
repay money borrowed, or to pay interest, by, or to pay at any
future time other money obligations of, the issuer of the
securities, but not including public obligations described in
division (GG)(2) of this section.
(LL) "Self-supporting securities" means securities or
portions of securities issued for the purpose of paying costs of
permanent improvements to the extent that receipts of the
subdivision, other than the proceeds of taxes levied by that
subdivision, derived from or with respect to the improvements or
the operation of the improvements being financed, or the
enterprise, system, project, or category of improvements of which
the improvements being financed are part, are estimated by the
fiscal officer to be sufficient to pay the current expenses of
that operation or of those improvements or enterprise, system,
project, or categories of improvements and the debt charges
payable from those receipts on securities issued for the purpose.
Until such time as the improvements or increases in rates and
charges have been in operation or effect for a period of at least
six months, the receipts therefrom, for purposes of this
definition, shall be those estimated by the fiscal officer,
except
that those receipts may include, without limitation,
payments made
and to be made to the subdivision under leases or
agreements in
effect at the time the estimate is made. In the
case of an
operation, improvements, or enterprise, system,
project, or
category of improvements without at least a six-month
history of
receipts, the estimate of receipts by the fiscal
officer, other
than those to be derived under leases and
agreements then in
effect, shall be confirmed by the taxing
authority.
(MM) "Subdivision" means any of the following:
(1) A county, including a county that has adopted a
charter
under Article X, Ohio Constitution;
(2) A municipal corporation, including a municipal
corporation that has adopted a charter under Article XVIII, Ohio
Constitution;
(4) A regional water and sewer district organized under
Chapter 6119. of the Revised Code;
(5) A joint township hospital district organized under
section 513.07 of the Revised Code;
(6) A joint ambulance district organized under section
505.71 of the Revised Code;
(7) A joint recreation district organized under division
(C)
of section 755.14 of the Revised Code;
(8) A detention facility district organized under section
2152.41, a district organized under section 2151.65,
or a
combined
district organized under sections 2152.41 and
2151.65 of
the
Revised Code;
(9) A township police district organized under section
505.48 of the Revised Code;
(11) A joint fire district organized under section 505.371
of the Revised Code;
(12) A county library district created under section
3375.19
or a regional library district created under section
3375.28 of
the Revised Code;
(13) A joint solid waste management district organized
under
section 343.01 or 343.012 of the Revised Code;
(14) A joint emergency medical services district organized
under section
307.052 of the Revised Code;
(15) A fire and ambulance district organized under section
505.375 of the
Revised Code;
(16)
A fire district organized under division (C) of section
505.37 of the Revised Code;
(17) Any other political subdivision or taxing district or
other local public body or agency authorized by this chapter or
other laws to issue Chapter 133. securities.
(NN) "Taxing authority" means in the case of the following
subdivisions:
(1) A county, a county library district, or a regional
library district, the board or boards of county commissioners, or
other legislative authority of a county that has adopted a
charter
under Article X, Ohio Constitution, but with respect to
such a
library district acting solely as agent for the board of
trustees
of that district;
(2) A municipal corporation, the legislative authority;
(3) A school district, the board of education;
(4) A regional water and sewer district, a joint ambulance
district, a joint recreation district, a fire and ambulance
district, or a
joint fire district,
the board of trustees of the
district;
(5) A joint township hospital district, the joint township
hospital board;
(6) A detention facility district or a district organized
under section 2151.65 of the Revised Code, a combined district
organized under sections 2152.41 and 2151.65 of the
Revised Code,
or a joint
emergency medical services district, the joint board of
county commissioners;
(7) A township, a fire district organized under division (C)
of section 505.37 of the Revised Code, or a township police
district, the board of
township trustees;
(8) A joint solid waste management district organized
under
section 343.01 or 343.012 of the Revised Code, the board of
directors of the district;
(9) A subdivision described in division (MM)(17) of this
section, the legislative or governing body or official.
(OO) "Tax limitation" means the "ten-mill limitation" as
defined in section 5705.02 of the Revised Code without diminution
by reason of section 5705.313 of the Revised Code or otherwise,
or, in the case of a municipal corporation or county with a
different charter limitation on property taxes levied to pay debt
charges on unvoted securities, that charter limitation. Those
limitations shall be respectively referred to as the "ten-mill
limitation" and the "charter tax limitation."
(PP) "Tax valuation" means the aggregate of the valuations
of property subject to ad valorem property taxation by the
subdivision on the real property, personal property, and public
utility property tax lists and duplicates most recently certified
for collection, and shall be calculated without deductions of the
valuations of otherwise taxable property exempt in whole or in
part from taxation by reason of exemptions of certain amounts of
taxable value under division (C) of section 5709.01 or section
323.152 of the Revised Code, or similar laws now or in the future
in effect.
For purposes of section 133.06 of the Revised Code, "tax valuation" shall not include the valuation of tangible personal property used in business, telephone or telegraph property, interexchange telecommunications company property, or personal property owned or leased by a railroad company and used in railroad operations listed under or described in section 5711.22, division (B) or (F) of section 5727.111, or section 5727.12 of the Revised Code.
(QQ) "Year" means the calendar year.
(RR) "Administrative agent," "agent," "commercial paper,"
"floating rate interest structure," "indexing agent," "interest rate hedge," "interest
rate period," "put arrangement," and "remarketing agent" have the
same meanings as in section 9.98 of the Revised Code.
(SS) "Sales tax supported" means
obligations to the payment
of debt charges on which an
additional sales tax or additional
sales taxes have been pledged
by the taxing authority of a county
pursuant to section 133.081
of the Revised
Code.
Sec. 133.04. (A) As used in this chapter, "net
indebtedness" means, as determined pursuant to this section, the
principal amount of the outstanding securities of a subdivision
less the amount held in a bond retirement fund to the extent such
amount is not taken into account in determining the principal
amount outstanding under division (AA) of section 133.01 of the
Revised Code. For purposes of this definition, the principal
amount of outstanding securities includes the principal amount of
outstanding securities of another subdivision apportioned to the
subdivision as a result of acquisition of territory, and excludes
the principal amount of outstanding securities of the subdivision
apportioned to another subdivision as a result of loss of
territory and the payment or reimbursement obligations of the
subdivision under credit enhancement facilities relating to
outstanding securities.
(B) In calculating the net indebtedness of a subdivision,
none of the following securities, including anticipatory
securities issued in anticipation of their issuance, shall be
considered:
(1) Securities issued in anticipation of the levy or
collection of special assessments, either in original or refunded
form;
(2) Securities issued in anticipation of the collection of
current revenues for the fiscal year or other period not to
exceed twelve consecutive months, or securities issued in
anticipation of the collection of the proceeds from a
specifically identified voter-approved tax levy;
(3) Securities issued for purposes described in section
133.12 of the Revised Code;
(4) Securities issued under Chapter 122., 140., 165.,
725., or 761. or section 131.23 of the Revised Code;
(5) Securities issued to pay final judgments or court-approved settlements
under authorizing laws and securities issued
under section 2744.081 of the Revised Code;
(6) Securities issued to pay costs of permanent
improvements to the extent they are issued in anticipation of the
receipt of, and are payable as to principal from, federal or
state grants or distributions for, or legally available
for, that principal or for the costs of those
permanent improvements;
(7) Securities issued to evidence loans from the state
capital improvements fund pursuant to Chapter 164. of the Revised
Code or from the state infrastructure bank pursuant to section 5531.09
of the Revised Code;
(8) That percentage of the principal amount of general obligation
securities issued by a county, township, or municipal corporation to pay the
costs of permanent improvements equal to the percentage of the debt charges on
those securities payable during the current fiscal year that the fiscal
officer estimates can be paid during the current fiscal year from payments in
lieu of taxes under section 1728.11, 1728.111, 5709.42, 5709.74, or 5709.79
of the Revised Code, and that the legislation authorizing the issuance of the securities
pledges or covenants will be used for the payment of those debt charges;
provided that the amount excluded from consideration under division
(B)(8) of this section shall not exceed the lesser of thirty million
dollars or one-half per cent of the subdivision's tax valuation in the case of
a county or township, or one and one-tenth per cent of the subdivision's tax
valuation in the case of a municipal corporation;
(9) Securities issued in an amount equal to the property tax replacement
payments received under section 5727.85 or 5727.86 of the Revised Code;
(9)(10) Securities issued in an amount equal to the property tax replacement payments received under section 5751.21 or 5751.22 of the Revised Code;
(11) Other securities, including
self-supporting
securities, excepted by law from the calculation of net
indebtedness or from the application of this chapter;
(10)(12) Any other securities outstanding on October 30,
1989,
and
then excepted
from the
calculation of net indebtedness or from the application of this
chapter, and securities issued at any time to fund or refund
those securities.
Sec. 133.06. (A) A school district shall not incur,
without
a vote of the electors, net indebtedness that exceeds an
amount
equal to one-tenth of one per cent of its tax valuation,
except as
provided in divisions (G) and (H)
of this section and
in
division
(C) of section 3313.372 of the Revised Code, or as
prescribed in
section 3318.052 of the Revised Code, or as provided in division
(J) of this section.
(B) Except as provided in divisions (E), (F), and (I) of
this
section, a school district shall not incur net indebtedness
that
exceeds an amount equal to nine per cent of its tax
valuation.
(C) A school district shall not submit to a vote of the
electors the question of the issuance of securities in an amount
that will make the district's net indebtedness after the issuance
of the securities exceed an amount equal to four per cent of its
tax valuation, unless the superintendent of public instruction,
acting under policies adopted by the state board of education,
and
the tax commissioner, acting under written policies of the
commissioner, consent to the submission. A request for the
consents shall be made at least thirty one hundred five days prior to the election
at which the question is to be submitted, except that the
superintendent of public instruction and the tax commissioner may
waive this thirty-day deadline or grant their consents after the
election if the school district shows good cause for such waiver
or consent after the election.
The superintendent of public instruction shall certify to the district the superintendent's and the tax commissioner's decisions within thirty days after receipt of the request for consents.
If the electors do not approve the issuance of securities at the election for which the superintendent of public instruction and tax commissioner consented to the submission of the question, the school district may submit the same question to the electors on the date that the next special election may be held under section 3501.01 of the Revised Code without submitting a new request for consent. If the school district seeks to submit the same question at any other subsequent election, the district shall first submit a new request for consent in accordance with this division.
(D) In calculating the net indebtedness of a school
district, none of the following shall be considered:
(1) Securities issued to acquire school buses and other
equipment used in transporting pupils or issued pursuant to
division (D) of section 133.10 of the Revised Code;
(2) Securities issued under division (F) of this section,
under section 133.301 of the Revised Code, and, to the extent in
excess of the limitation stated in division (B) of this section,
under division (E) of this section;
(3) Indebtedness resulting from the dissolution of a joint
vocational school district under section 3311.217 of the Revised
Code, evidenced by outstanding securities of that joint
vocational
school district;
(4) Loans, evidenced by any securities, received under
sections 3313.483, 3317.0210, 3317.0211, and 3317.64 of the
Revised Code;
(5) Debt incurred under section 3313.374 of the Revised
Code;
(6) Debt incurred pursuant to division (B)(5) of
section
3313.37 of the Revised Code to acquire computers and related
hardware;
(7) Debt incurred under section
3318.042 of the
Revised
Code.
(E) A school district may become a special needs district
as
to certain securities as provided in division (E) of this
section.
(1) A board of education, by resolution, may declare its
school district to be a special needs district by determining
both
of the following:
(a) The student population is not being adequately
serviced
by the existing permanent improvements of the district.
(b) The district cannot obtain sufficient funds by the
issuance of securities within the limitation of division (B) of
this section to provide additional or improved needed permanent
improvements in time to meet the needs.
(2) The board of education shall certify a copy of that
resolution to the superintendent of public instruction with a
statistical report showing all of the following:
(a) A history of and a projection of the growth of the
student population;
(b) The history of and a projection of the growth of the
tax
valuation;
(d) The estimated cost of permanent improvements proposed
to
meet such projected needs.
(3) The superintendent of public instruction shall certify
the district as an approved special needs district if the
superintendent finds both of the following:
(a) The district does not have available sufficient
additional funds from state or federal sources to meet the
projected needs.
(b) The projection of the potential average growth of tax
valuation during the next five years, according to the
information
certified to the superintendent and any other
information the
superintendent obtains, indicates a likelihood of
potential
average growth of tax valuation of the district during
the next
five years of an average of not less than three per cent
per year.
The findings and certification of the superintendent
shall be
conclusive.
(4) An approved special needs district may incur net
indebtedness by the issuance of securities in accordance with the
provisions of this chapter in an amount that does not exceed an
amount equal to the greater of the following:
(a) Nine per cent of the sum of its tax valuation plus an
amount that is the product of multiplying that tax valuation by
the percentage by which the tax valuation has increased over the
tax valuation on the first day of the sixtieth month preceding
the
month in which its board determines to submit to the electors
the
question of issuing the proposed securities;
(b) Nine per cent of the sum of its tax valuation plus an
amount that is the product of multiplying that tax valuation by
the percentage, determined by the superintendent of public
instruction, by which that tax valuation is projected to increase
during the next ten years.
(F) A school district may issue securities for emergency
purposes, in a principal amount that does not exceed an amount
equal to three per cent of its tax valuation, as provided in this
division.
(1) A board of education, by resolution, may declare an
emergency if it determines both of the following:
(a) School buildings or other necessary school facilities
in
the district have been wholly or partially destroyed, or
condemned
by a constituted public authority, or that such
buildings or
facilities are partially constructed, or so
constructed or planned
as to require additions and improvements
to them before the
buildings or facilities are usable for their
intended purpose, or
that corrections to permanent improvements
are necessary to remove
or prevent health or safety hazards.
(b) Existing fiscal and net indebtedness limitations make
adequate replacement, additions, or improvements impossible.
(2) Upon the declaration of an emergency, the board of
education may, by resolution, submit to the electors of the
district pursuant to section 133.18 of the Revised Code the
question of issuing securities for the purpose of paying the
cost,
in excess of any insurance or condemnation proceeds
received by
the district, of permanent improvements to respond to
the
emergency need.
(3) The procedures for the election shall be as provided
in
section 133.18 of the Revised Code, except that:
(a) The form of the ballot shall describe the emergency
existing, refer to this division as the authority under which the
emergency is declared, and state that the amount of the proposed
securities exceeds the limitations prescribed by division (B) of
this section;
(b) The resolution required by division (B) of section
133.18 of the Revised Code shall be certified to the county
auditor and the board of elections at least seventy-five days
prior to the election;
(c) The county auditor shall advise and, not later than
sixty-five days before the election, confirm that advice by
certification to, the board of education of the information
required by division (C) of section 133.18 of the Revised Code;
(d) The board of education shall then certify its
resolution
and the information required by division (D) of
section 133.18 of
the Revised Code to the board of elections not
less than sixty
days prior to the election.
(4) Notwithstanding division (B) of section 133.21 of the
Revised Code, the first principal payment of securities issued
under this division may be set at any date not later than sixty
months after the earliest possible principal payment otherwise
provided for in that division.
(G) The board of education may contract with an architect,
professional engineer, or other person experienced in the design
and implementation of energy conservation measures for an
analysis
and recommendations pertaining to installations,
modifications of
installations, or remodeling that would
significantly reduce
energy consumption in buildings owned by the
district. The report
shall include estimates of all costs of
such installations,
modifications, or remodeling, including costs
of design,
engineering, installation, maintenance, repairs, and
debt service,
and estimates of the amounts by which energy
consumption and
resultant operational and maintenance costs, as defined by the
Ohio school facilities
commission, would be reduced.
If the board finds after receiving the report that the
amount
of money the district would spend on such installations,
modifications, or remodeling is not likely to exceed the amount
of
money it would save in energy and resultant operational and
maintenance costs over the ensuing fifteen
years, the board may
submit to the
commission a copy of its findings and a request for
approval to incur
indebtedness
to finance the making or
modification of installations or the
remodeling of buildings for
the purpose of significantly reducing
energy consumption.
If the commission determines that the board's
findings are
reasonable, it shall approve the board's request. Upon receipt
of
the commission's approval, the district may
issue securities
without a vote of the electors in a principal amount not to
exceed
nine-tenths of one per cent of its tax valuation for the
purpose
of making such installations, modifications, or
remodeling, but
the total net indebtedness of the district
without a vote of the
electors incurred under this and all other
sections of the Revised
Code, except section 3318.052 of the Revised Code, shall not exceed one per cent of the
district's tax
valuation.
So long as any securities issued under division (G)
of this
section remain outstanding, the board of education shall monitor
the
energy consumption and resultant operational and maintenance
costs of
buildings in which installations or
modifications have
been made or remodeling has been done pursuant
to division (G) of
this section and shall maintain and annually
update a
report
documenting the reductions in energy
consumption and resultant
operational and maintenance cost savings
attributable to such
installations,
modifications, or remodeling. The report shall be
certified by
an architect or engineer independent of any person
that provided
goods or services to the board in connection with
the energy
conservation measures that are the subject of the
report. The resultant
operational and maintenance cost savings
shall be certified by the school
district treasurer. The report
shall be made available to the commission
upon request.
(H) With the consent of the superintendent of public
instruction, a school district may incur without a vote of the
electors net indebtedness that exceeds the amounts stated in
divisions (A) and (G) of this section for the purpose of
paying
costs of permanent improvements, if and to the extent that both
of
the following conditions are satisfied:
(1) The fiscal officer of the school district estimates
that
receipts of the school district from payments made under or
pursuant
to agreements
entered into pursuant to
section 725.02,
1728.10, 3735.671, 5709.081, 5709.082, 5709.40, 5709.41,
5709.62,
5709.63,
5709.632, 5709.73, 5709.78, or 5709.82
of the Revised
Code, or distributions under division (C) of
section 5709.43 of
the Revised Code, or any combination thereof,
are, after
accounting for any appropriate coverage requirements,
sufficient
in time and amount, and are committed by the
proceedings, to pay
the debt charges on the securities issued to
evidence that
indebtedness and payable from those receipts, and
the taxing
authority of the district confirms the fiscal
officer's estimate,
which confirmation is approved by the
superintendent of public
instruction;
(2) The fiscal officer of the school district certifies,
and
the taxing authority of the district confirms, that the
district,
at the time of the certification and confirmation,
reasonably
expects to have sufficient revenue available for the
purpose of
operating such permanent improvements for their
intended purpose
upon acquisition or completion thereof, and the
superintendent of
public instruction approves the taxing
authority's confirmation.
The maximum maturity of securities issued under division
(H)
of this section shall be the lesser of twenty years or the
maximum
maturity calculated under section 133.20 of the Revised
Code.
(I) A school district may incur net indebtedness by the
issuance of securities in accordance with the provisions of this
chapter in excess of the limit specified in division (B)
or (C) of
this
section when necessary to raise the school district portion
of the
basic project cost pursuant to and any additional funds necessary to participate in a project under Chapter 3318. of the Revised
Code, including the cost of items designated by the Ohio school facilities commission as required locally funded initiatives and the cost for site acquisition.
The school facilities commission shall notify the
superintendent
of public instruction whenever a school district
will exceed
either limit pursuant to this
division.
(J) A school district whose portion of the basic project
cost of its classroom facilities project under sections 3318.01 to
3318.20 of the Revised Code is greater than or equal to one
hundred million dollars may incur without a vote of the
electors
net indebtedness in an amount up to two per cent of its
tax
valuation through the issuance of general obligation
securities in
order to generate all or part of the amount of its
portion of the
basic project cost if the controlling board has approved the
school facilities commission's conditional approval of the project
under section 3318.04 of the Revised Code. The school district
board and the Ohio
school facilities commission shall include the
dedication of the
proceeds of such securities in the agreement
entered into under
section 3318.08 of the Revised Code. No state
moneys shall be released for a project to which this section
applies until the proceeds of any bonds issued under this section
that are dedicated for the payment of the school district portion
of the project are first deposited into the school district's
project construction fund.
Sec. 133.12. (A) If the tax commissioner determines that
funds are not otherwise available for the purpose, the taxing
authority of a subdivision having general property taxing power
may issue general obligation securities in case of any of the
following:
(1) An epidemic or threatened epidemic, or during an
unusual prevalence of a dangerous communicable disease, to defray
those expenses that the board of health having jurisdiction
within the subdivision considers necessary to prevent the spread
of the epidemic or disease;
(2) The destruction of an essential permanent improvement
by fire, flood, or extraordinary catastrophe, to provide
temporary necessary facilities in place of that permanent
improvement;
(3) A special election called after the adoption of the
annual appropriation measure, to pay the costs of that election
payable by the subdivision;
(4) Within a quarantined area, the outbreak or infestation of the pest for which the quarantined area was established, to defray those expenses that the subdivision considers necessary to combat the pest, including removal or complete destruction of plants that are dead or dying from the pest.
(B) One-half of the principal amount of the securities
issued under this section prior to the effective date of this amendment shall mature on the first day of June
next following the next February tax settlement at which, in
accordance with the statutory tax budget procedure, a property
tax to pay the debt charges on the securities can be included in
the budget, and the other one-half of the principal amount shall
mature on the next following first day of December. The last maturity of the securities issued under this section on and after the effective date of this amendment shall be not later than the last day of December of the tenth year following the year in which the securities are first issued. A property
tax shall be levied to pay debt charges on these any of those securities.
(C) As used in this section:
(1) "Pest" has the same meaning as in section 927.51 of the Revised Code.
(2) "Quarantined area" has the same meaning as in section 927.39 of the Revise Code.
Sec. 133.18. (A) The taxing authority of a subdivision
may
by legislation submit to the electors of the subdivision the
question of issuing any general obligation bonds, for one
purpose,
that the subdivision has power or authority to issue.
(B) When the taxing authority of a subdivision desires or
is
required by law to submit the question of a bond issue to the
electors, it shall pass legislation that does all of the
following:
(1) Declares the necessity and purpose of the bond issue;
(2) States the date of the authorized election at which
the
question shall be submitted to the electors;
(3) States the amount, approximate date, estimated rate of
interest, and maximum number of years over which the principal of
the bonds may be paid;
(4) Declares the necessity of levying a tax outside the
tax
limitation to pay the debt charges on the bonds and any
anticipatory securities.
The estimated rate of interest, and any statutory or
charter
limit on interest
rate
rates that may then be in effect and
that is
subsequently amended, shall not be a limitation on the
actual
interest rate or rates on the securities when issued.
(C)(1) The taxing authority shall certify a copy of the
legislation passed under division (B) of this section to the
county auditor. The county auditor shall promptly calculate and
advise and, not later than seventy-five days before the election,
confirm that advice by certification to, the taxing authority the
estimated average annual property tax levy, expressed in cents or
dollars and cents for each one hundred dollars of tax valuation
and in mills for each one dollar of tax valuation, that the
county
auditor estimates to be required throughout the stated
maturity of
the bonds to pay the debt charges on the bonds. In
calculating
the estimated average annual property tax levy for
this purpose,
the county auditor shall assume that the bonds are
issued in one
series bearing interest and maturing in
substantially equal
principal amounts in each year over the
maximum number of years
over which the principal of the bonds may
be paid as stated in
that legislation, and that the amount of the
tax valuation of the
subdivision for the current year remains the
same throughout the
maturity of the bonds, except as otherwise provided in division (C)(2) of this section. If the tax valuation
for the current year
is not determined, the county auditor shall
base the calculation
on the estimated amount of the tax valuation
submitted by the
county auditor to the county budget commission.
If the subdivision
is located in more than one county, the county
auditor shall
obtain the assistance of the county auditors of the
other
counties, and those county auditors shall provide
assistance, in
establishing the tax valuation of the subdivision
for purposes of
certifying the estimated average annual property
tax levy.
(2) When considering the tangible personal property component of the tax valuation of the subdivision, the county auditor shall take into account the assessment percentages prescribed in section 5711.22 of the Revised Code. The tax commissioner may issue rules, orders, or instructions directing how the assessment percentages must be utilized.
(D) After receiving the county auditor's advice under
division (C) of this section, the taxing authority by legislation
may determine to proceed with submitting the question of the
issue
of securities, and shall, not later than the seventy-fifth
day
before the day of the election, file the following with the
board
of elections:
(1) Copies of the legislation provided for in
divisions (B)
and (D)
of this section;
(2) The amount of the estimated average annual property
tax
levy, expressed in cents or dollars and cents for each one
hundred
dollars of tax valuation and in mills for each one dollar
of tax
valuation, as estimated and certified to the taxing
authority by
the county auditor.
(E)(1) The board of elections shall prepare the ballots
and
make other necessary arrangements for the submission of the
question to the electors of the subdivision. If the subdivision
is located in more than one county, the board shall inform the
boards of elections of the other counties of the filings with it,
and those other boards shall if appropriate make the other
necessary arrangements for the election in their counties. The
election shall be conducted, canvassed, and certified in the
manner provided in Title XXXV of the Revised Code.
(2) The election shall be held at the regular places for
voting in the subdivision. If the electors of only a part of a
precinct are qualified to vote at the election the board of
elections may assign the electors in that part to an adjoining
precinct, including an adjoining precinct in another county if
the
board of elections of the other county consents to and
approves
the assignment. Each elector so assigned shall be
notified of
that fact prior to the election by notice mailed by
the board of
elections, in such manner as it determines, prior to
the election.
(3) The board of elections shall publish a notice of the
election, in one or more newspapers of general circulation in the
subdivision, at least once no later than ten days prior to the
election. The notice shall state all of the following:
(a) The principal amount of the proposed bond issue;
(b) The stated purpose for which the bonds are to be
issued;
(c) The maximum number of years over which the principal
of
the bonds may be paid;
(d) The estimated additional average annual property tax
levy, expressed in cents or dollars and cents for each one
hundred
dollars of tax valuation and in mills for each one dollar
of tax
valuation, to be levied outside the tax limitation, as
estimated
and certified to the taxing authority by the county
auditor;
(e) The first calendar year in which the tax
is expected to
be due.
(F)(1) The form of the ballot to be used at the election
shall be substantially either of the following, as applicable:
(a)
"Shall bonds be issued by the ............ (name of
subdivision) for the purpose of ........... (purpose of the bond
issue) in the principal amount of .......... (principal amount of
the bond issue), to be repaid annually over a maximum period of
.......... (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 .......... (as applicable,
"ten-mill"
or
"...charter tax") limitation, estimated by the county auditor
to
average over the repayment period of the bond issue ..........
(number of mills) mills for each one dollar of tax valuation,
which amounts to .......... (rate expressed in cents or dollars
and cents, such as
"36 cents" or
"$1.41") for each one hundred
dollars of tax
valuation, commencing in .......... (first year the
tax will be
levied), first due in calendar year .......... (first
calendar year
in which the tax shall be due), to pay the annual
debt charges on
the bonds, and to
pay debt charges on any notes
issued in anticipation of those
bonds?
|
|
For the bond issue |
|
|
|
Against the bond issue |
" |
(b) In the case of an election held pursuant to
legislation
adopted under section 3375.43 or 3375.431 of the
Revised Code:
"Shall bonds be issued for .......... (name of library) for
the purpose of .......... (purpose of the bond issue), in the
principal amount of .......... (amount of the bond issue) by
.......... (the name of the subdivision that is to issue the
bonds
and levy the tax) as the issuer of the bonds, to be repaid
annually over a maximum period of .......... (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 .......... (number of
mills)
mills for each one dollar of tax valuation, which amounts
to
.......... (rate expressed in cents or dollars and cents, such
as
"36 cents" or
"$1.41") for each one hundred dollars of
tax
valuation, commencing in
.......... (first year the tax will be
levied),
first due in calendar year .......... (first calendar
year in which the tax
shall be due), to pay
the annual
debt
charges on the bonds, and to pay debt charges on
any notes issued
in anticipation of those bonds?
|
|
For the bond issue |
|
|
|
Against the bond issue |
" |
(2) The purpose for which the bonds are to be issued shall
be printed in the space indicated, in boldface type.
(G) The board of elections shall promptly certify the
results of the election to the tax commissioner, the county
auditor of each county in which any part of the subdivision is
located, and the fiscal officer of the subdivision. The
election,
including the proceedings for and result of the
election, is
incontestable other than in a contest filed under
section 3515.09
of the Revised Code in which the plaintiff
prevails.
(H) If a majority of the electors voting upon the question
vote for it, the taxing authority of the subdivision may proceed
under sections 133.21 to 133.33 of the Revised Code with the
issuance of the securities and with the levy and collection of a
property tax outside the tax limitation during the period the
securities are outstanding sufficient in amount to pay the debt
charges on the securities, including debt charges on any
anticipatory securities required to be paid from that tax. If
legislation passed under section 133.22 or 133.23 of the Revised
Code authorizing those securities is filed with the county
auditor
on or before the last day of November, the amount of the
voted
property tax levy required to pay debt charges or estimated
debt
charges on the securities payable in the following year
shall if
requested by the taxing authority be included in the
taxes levied
for collection in the following year under section
319.30 of the
Revised Code.
(I)(1) If, before any securities authorized at an election
under this section are issued, the net indebtedness of the
subdivision exceeds that applicable to that subdivision or those
securities, then and so long as that is the case none of the
securities may be issued.
(2) No securities authorized at an election under this
section may be initially issued after the first day of the sixth
January following the election, but this period of limitation
shall not run for any time during which any part of the permanent
improvement for which the securities have been authorized, or the
issuing or validity of any part of the securities issued or to be
issued, or the related proceedings, is involved or questioned
before a court or a commission or other tribunal, administrative
agency, or board.
(3) Securities representing a portion of the amount
authorized at an election that are issued within the applicable
limitation on net indebtedness are valid and in no manner
affected
by the fact that the balance of the securities
authorized cannot
be issued by reason of the net indebtedness
limitation or lapse of
time.
(4) Nothing in this division (I) shall be interpreted or
applied to prevent the issuance of securities in an amount to
fund
or refund anticipatory securities lawfully issued.
(5) The limitations of divisions (I)(1) and (2) of this
section do not apply to any securities authorized at an election
under this section if at least ten per cent of the principal
amount of the securities, including anticipatory securities,
authorized has theretofore been issued, or if the securities are
to be issued for the purpose of participating in any federally or
state-assisted program.
(6) The certificate of the fiscal officer of the
subdivision
is conclusive proof of the facts referred to in this
division.
Sec. 141.08. The chief justice of the supreme court shall receive his
the actual
and necessary expenses incurred while performing his official
duties under the law and
the constitution in determining the disqualification or disability of any
judge of the court of common pleas or of the court of appeals, to be paid from
the state treasury upon the warrant of the auditor of state director of budget and management.
Sec. 141.10. (A) In addition to the annual salary and
expenses provided for in sections 141.04 and 2501.15 of the
Revised Code, each judge of a court of appeals who holds court in
a county in which he the judge does not reside shall receive
his the judge's actual and
necessary expenses incurred while so holding court. Those
expenses shall be paid by the treasurer of state upon the warrant
of the auditor of state director of budget and management.
(B) In addition to the annual salary and expenses provided
for in sections 141.04 and 2501.15 of the Revised Code, each
judge of a court of appeals who is assigned by the chief justice
of the supreme court to aid in disposing of business of a
district other than that in which he the judge is elected or
appointed,
shall receive fifty dollars per day for each day of the
assignment. The per diem compensation shall be paid from the
treasury of the county to which the judge is so assigned upon the
warrant of the auditor of that county.
Sec. 145.70. All amounts due the public employees
retirement system from the
state treasury pursuant to this chapter shall be promptly paid upon warrant of
the auditor of state director of budget and management pursuant to a voucher approved by the director of budget
and management.
Sec. 173.14. As used in sections 173.14 to 173.26 173.27 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 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;
(11) Any other health and social services provided to
persons 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. 173.27. (A) As used in this section:
(1) "Applicant" means a person who is under final consideration for employment with the office of the state long-term care ombudsperson program in a full-time, part-time, or temporary position that involves providing ombudsperson services to residents and recipients. "Applicant" includes a person who is under final consideration for employment as the state long-term care ombudsperson or the head of a regional long-term care ombudsperson program. "Applicant" does not include a person who provides ombudsperson services to residents and recipients as a volunteer without receiving or expecting to receive any form of remuneration other than reimbursement for actual expenses.
(2) "Criminal records check" has the same meaning as in section 109.572 of the Revised Code.
(B)(1) The state long-term care ombudsperson or the ombudsperson's designee shall request that the superintendent of the bureau of criminal identification and investigation conduct a criminal records check with respect to each applicant. However, if the applicant is under final consideration for employment as the state long-term care ombudsperson, the director of aging shall request that the superintendent conduct the criminal records check. 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 ombudsperson, designee, or director 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 ombudsperson, designee, or director 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 aging in accordance with division (F) of this section and subject to division (C)(2) of this section, the office of the state long-term care ombudsperson may not employ a person in a position that involves providing ombudsperson services to residents and recipients 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) The office of the state long-term care ombudsperson 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 state long-term care ombudsperson, ombudsperson's designee, or director of aging 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) The office of the state long-term care ombudsperson program shall terminate the employment of an individual employed conditionally under division (C)(2)(a) of this section 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 office shall terminate the individual's employment unless the office 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 office about the individual's criminal record.
(D)(1) The office of the state long-term care ombudsperson 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) The office of the state long-term care ombudsperson program may charge an applicant a fee not exceeding the amount the office pays under division (D)(1) of this section. The office may collect a fee only if the office notifies the applicant at the time of initial application for employment of the amount of the fee.
(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 state long-term care ombudsperson, ombudsperson's designee, director of health, or the ombudsperson, designee, or director's representative;
(3) If the state long-term care ombudsperson designates the head or other employee of a regional long-term care ombudsperson program to request a criminal records check under this section, a representative of the office of the state long-term care ombudsperson program who is responsible for monitoring the regional program's compliance with this section;
(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.
(F) The director of aging shall adopt rules in accordance with Chapter 119. of the Revised Code to implement this section. The rules shall specify circumstances under which the office of the state long-term care ombudsperson 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 office of the state long-term care ombudsperson program shall inform each person, at the time of initial application for a position that involves providing ombudsperson services to residents and recipients, 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) 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 the office of the state long-term care ombudsperson program employs in a position that involves providing ombudsperson services to residents and recipients, all of the following shall apply:
(1) If the office employed the individual in good faith and reasonable reliance on the report of a criminal records check requested under this section, the office 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 office employed the individual in good faith on a conditional basis pursuant to division (C)(2) of this section, the office 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 office in good faith employed the individual according to the personal character standards established in rules adopted under division (F) of this section, the office 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.
Sec. 173.39. (A) As used in sections 173.39 to 173.393 173.394 of the Revised Code, "community-based:
(1) "Community-based long-term care agency" means a person or government entity that provides community-based long-term care services under a program the department of aging administers, regardless of whether the person or government entity is certified under section 173.391 or authorized to receive payment for the services from the department under section 173.392 of the Revised Code. "Community-based long-term care agency" includes a person or government entity that provides home and community-based services to older adults through the PASSPORT program created under section 173.40 of the Revised Code.
(2) "Community-based long-term care services" has the same meaning as in section 173.14 of the Revised Code.
(B) Except as provided in section 173.392 of the Revised Code, the department of aging may not pay a person or government entity for providing community-based long-term care services under a program the department administers unless the person or government entity is certified under section 173.391 of the Revised Code and provides the services.
Sec. 173.391. (A) The department of aging or its designee shall do all of the following in accordance with Chapter 119. of the Revised Code:
(1) Certify a person or government entity to provide community-based long-term care services under a program the department administers if the person or government entity satisfies the requirements for certification established by rules adopted under division (B) of this section;
(2) When required to do so by rules adopted under division (B) of this section, take one or more of the following disciplinary actions against a person or government entity issued a certificate under division (A)(1) of this section:
(a) Issue a written warning;
(b) Require the submission of a plan of correction;
(e) Impose a fiscal sanction such as a civil monetary penalty or an order that unearned funds be repaid;
(f) Revoke the certificate;
(g) Impose another sanction.
(3) Hold hearings when there is a dispute between the department or its designee and a person or government entity concerning actions the department or its designee takes or does not take under division (A)(1) or (2)(c) to (g) of this section.
(B) The director of aging shall adopt rules in accordance with Chapter 119. of the Revised Code establishing certification requirements and standards for determining which type of disciplinary action to take under division (A)(2) of this section in individual situations. The rules shall establish procedures for all of the following:
(1) Ensuring that PASSPORT community-based long-term care agencies, as defined in section 173.41 of the Revised Code, comply with that section 173.394 of the Revised Code;
(2) Evaluating the services provided to ensure that they are provided in a quality manner advantageous to the individual receiving the services;
(3) Determining when to take disciplinary action under division (A)(2) of this section and which disciplinary action to take.
(C) The procedures established in rules adopted under division (B)(2) of this section shall require that all of the following be considered as part of an evaluation:
(1) The service provider's experience and financial responsibility;
(2) The service provider's ability to comply with standards for the community-based long-term care services that the provider provides under a program the department administers;
(3) The service provider's ability to meet the needs of the individuals served;
(4) Any other factor the director considers relevant.
(D) The rules adopted under division (B)(3) of this section shall specify that the reasons disciplinary action may be taken under division (A)(2) of this section include good cause, including misfeasance, malfeasance, nonfeasance, confirmed abuse or neglect, financial irresponsibility, or other conduct the director determines is injurious to the health or safety of individuals being served.
Sec. 173.41 173.394. (A) As used in this section:
(1) "Applicant" means a person who is under final
consideration for employment with a PASSPORT community-based long-term care agency in a full-time,
part-time, or temporary
position that involves providing
direct care to an older adult individual.
"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 has the same meanings meaning as
in
section 109.572 of the Revised Code.
(3) "PASSPORT agency" means a public or private entity that
provides home and community-based services to older adults through the
PASSPORT program created under section
173.40 of the Revised Code.
(B)(1) Except as provided in division (I) of this
section, the chief administrator of a PASSPORT community-based long-term care 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 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 department
of aging in accordance with division (F) of this section and subject to
division (C)(2) of this section,
no PASSPORT community-based long-term care agency shall employ a person in a
position that
involves providing direct care to an older adult individual 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 PASSPORT community-based long-term care 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.
In the circumstances described in division
(I)(2) of this section, a
PASSPORT community-based long-term care agency may employ
conditionally an applicant who has been referred to the
PASSPORT agency by an
employment service that supplies full-time, part-time, or
temporary staff for positions involving the direct care of older
adults individuals and for whom, pursuant to that division, a criminal
records check is not required under division
(B) of this section.
(b) A
PASSPORT community-based long-term care 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 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 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 PASSPORT community-based long-term care 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 PASSPORT community-based long-term care 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
both of the following apply:
(a) 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;
(b) The medical assistance medicaid program established under
Chapter 5111. of the
Revised Code
does not reimburse the agency 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 agency
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 individuals that is owned or operated by the same
entity that owns or operates the PASSPORT community-based long-term care agency;
(4) The director of aging or a person authorized by the director to monitor a community-based long-term care agency's compliance with this section;
(5) 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)(6) Any person to whom the report is provided pursuant
to, and in accordance with, division
(I)(1) or (2) of this
section.
(F) The department of aging shall adopt rules in accordance
with
Chapter 119. of the Revised Code to implement this section. The rules shall
specify
circumstances under which a PASSPORT community-based long-term care 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 PASSPORT community-based long-term care agency
shall inform each person, at the time of initial application
for a position that involves providing direct care to an older
adult individual, 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) 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
PASSPORT community-based long-term care agency employs in a position
that involves providing direct care to older adults individuals, 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)(2) 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) of this section.
(I)(1) The chief administrator of a PASSPORT
community-based long-term care 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 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 individuals 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 PASSPORT
community-based long-term care agency chooses to employ the individual pursuant to division (F)
of this section.
(2) The chief administrator of a
PASSPORT community-based long-term care 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 and may employ the applicant
conditionally 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 individuals 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
PASSPORT community-based long-term care agency. If a
PASSPORT community-based long-term care 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 PASSPORT community-based long-term care agency,
and
division
(C)(2)(b)
of this section applies regarding the conditional
employment.
Sec. 184.20. (A) A member of the third frontier commission or a member of the third frontier advisory board shall not do either of the following:
(1) Receive receive support under section 184.11 of the Revised Code;
(2) Receive any financial gain from an entity that is awarded support under section 184.11 of the Revised Code if that financial gain is directly related to, or is the direct result of, the awarding of such support.
(B) A member who violates division (A) of this section shall forfeit the support or financial gain received and shall pay the amount forfeited to the third frontier commission.
Sec. 307.761. A board of county commissioners may maintain and operate a facility to encourage the study of and promote the sciences and natural history, or it may contract with or contribute to a nonprofit corporation to develop, maintain, and operate such a facility if the nonprofit corporation is organized, in whole or in part, for the purpose of encouraging the study of and to promote the sciences and natural history.
Sec. 319.301. (A) This section does not apply to any of
the
following:
(1) Taxes levied at whatever rate is required to produce a
specified amount of tax money, including a tax levied under section 5705.211 of the Revised Code, or an amount to pay debt charges;
(2) Taxes levied within the one per cent limitation
imposed
by Section 2 of Article XII, Ohio Constitution;
(3) Taxes provided for by the charter of a municipal
corporation.
(B) As used in this section:
(1) "Real property" includes real property owned by a
railroad.
(2) "Carryover property" means all real property on the
current year's tax list except:
(a) Land and improvements that were not taxed by the
district in both the preceding year and the current year;
(b) Land and improvements that were not in the same class
in
both the preceding year and the current year.
(3) "Effective tax rate" means with respect to each class
of
property:
(a) The sum of the total taxes that would have been
charged
and payable for current expenses against real property in
that
class if each of the district's taxes were reduced for the
current
year under division (D)(1) of this section without regard
to the
application of division (E)(3) of this section divided by
(b) The taxable value of all real property in that class.
(4) "Taxes charged and payable" means the taxes charged
and
payable prior to any reduction required by section 319.302 of
the
Revised Code.
(C) The tax commissioner shall make the determinations
required by this section each year, without regard to whether a
taxing district has territory in a county to which section
5715.24
of the Revised Code applies for that year. Separate
determinations shall be made for each of the two classes
established pursuant to section 5713.041 of the Revised Code.
(D) With respect to each tax authorized to be levied by
each
taxing district, the tax commissioner, annually, shall do
both of
the following:
(1) Determine by what percentage, if any, the sums levied
by
such tax against the carryover property in each class would
have
to be reduced for the tax to levy the same number of dollars
against such property in that class in the current year as were
charged against such property by such tax in the preceding year
subsequent to the reduction made under this section but before
the
reduction made under section 319.302 of the Revised Code. In
the
case of a tax levied for the first time that is not a renewal
of
an existing tax, the commissioner shall determine by what
percentage the sums that would otherwise be levied by such tax
against carryover property in each class would have to be reduced
to equal the amount that would have been levied if the full rate
thereof had been imposed against the total taxable value of such
property in the preceding tax year. A tax or portion of a tax
that is designated a replacement levy under section 5705.192 of
the Revised Code is not a renewal of an existing tax for purposes
of this division.
(2) Certify each percentage determined in division (D)(1)
of
this section, as adjusted under division
(E) of this section, and
the class of
property to which that percentage applies to
the
auditor of each county in which the district has territory.
The
auditor, after complying with section 319.30 of the Revised
Code,
shall reduce the sum to be levied by such tax against each
parcel
of real property in the district by the percentage so
certified
for its class. Certification shall be made by the
first day of
September except in the case of a tax levied for the
first time,
in which case certification shall be made within
fifteen days of
the date the county auditor submits the
information necessary to
make the required determination.
(E)(1) As used in division (E)(2) of this section,
"pre-1982
joint vocational taxes" means, with respect to a class
of
property, the difference between the following amounts:
(a) The taxes charged and payable in tax year 1981 against
the property in that class for the current expenses of the joint
vocational school district of which the school district is a part
after making all reductions under this section;
(b) The following percentage of the taxable value of all
real property in that class:
(i) In 1987, five one-hundredths of one per cent;
(ii) In 1988, one-tenth of one per cent;
(iii) In 1989, fifteen one-hundredths of one per cent;
(iv) In 1990 and each subsequent year, two-tenths of one
per
cent.
If the amount in division (E)(1)(b) of this section exceeds
the amount in division (E)(1)(a) of this section, the pre-1982
joint vocational taxes shall be zero.
As used in divisions (E)(2) and (3) of this section, "taxes
charged and payable" has the same meaning as in division (B)(4)
of
this section and excludes any tax charged and payable in 1985
or
thereafter under sections 5705.194 to 5705.197 or section
5705.213
of the Revised Code.
(2) If in the case of a school district other than a joint
vocational or cooperative education school district any
percentage
required to be used in division (D)(2) of this section
for either
class of property could cause the total taxes charged
and payable
for current expenses to be less than two per cent of
the taxable
value of all real property in that class that is
subject to
taxation by the district, the commissioner shall determine what
percentages would cause the district's total taxes charged and
payable for current expenses against that class, after all
reductions that would otherwise be made under this section, to
equal, when combined with the pre-1982 joint vocational taxes
against that class, the lesser of the following:
(a) The sum of the rates at which those taxes are
authorized
to be levied;
(b) Two per cent of the taxable value
of the property in
that class. The auditor shall use such
percentages in making the
reduction required by this section for that class.
(3)(a) If in the case of a joint vocational school
district
any percentage required to be used in division (D)(2) of
this
section for either class of property could cause the total
taxes
charged and payable for current expenses for that
class to be less
than the
designated amount, the commissioner shall determine what
percentages would
cause
the district's total taxes charged and
payable for
current expenses for that class,
after all reductions
that would otherwise be made under this
section, to equal the
designated amount. The auditor shall use
such percentages in
making the reductions required by this
section for that class.
(b) As used in division (E)(3)(a) of this section, the
designated amount shall equal the taxable value of all real
property in the class that is subject to taxation by the district
times the lesser of the following:
(i) Two-tenths of one per cent;
(ii) The district's effective rate plus the following
percentage for the year indicated:
|
WHEN COMPUTING THE |
|
|
|
TAXES CHARGED FOR |
|
ADD THE FOLLOWING PERCENTAGE: |
|
1987 |
|
0.025% |
|
1988 |
|
0.05% |
|
1989 |
|
0.075% |
|
1990 |
|
0.1% |
|
1991 |
|
0.125% |
|
1992 |
|
0.15% |
|
1993 |
|
0.175% |
|
1994 and thereafter |
|
0.2% |
(F) No reduction shall be made under this section in the
rate at which any tax is levied.
(G) The commissioner may order a county auditor to furnish
any information
he
the commissioner needs to make the
determinations required
under division (D) or (E) of this section,
and the auditor shall
supply the information in the form and by
the date specified in
the order. If the auditor fails to comply
with an order issued
under this division, except for good cause as
determined by the
commissioner, the commissioner shall withhold
from such county or
taxing district therein fifty per cent of
state revenues to local
governments pursuant to section 5747.50 of
the Revised Code or
shall direct the department of education to
withhold therefrom
fifty per cent of state revenues to school
districts pursuant to
Chapter 3317. of the Revised Code. The
commissioner shall
withhold the distribution of such revenues
until the county
auditor has complied with this division, and the
department shall
withhold the distribution of such revenues until
the commissioner
has notified the department that the county
auditor has complied
with this division.
(H) If the commissioner is unable to certify a tax
reduction
factor for either class of property in a taxing
district located
in more than one county by the last day of
November because
information required under division (G) of this
section is
unavailable,
he
the commissioner may compute and
certify an
estimated
tax reduction factor for that district for that class.
The
estimated factor shall be based upon an estimate of the
unavailable information. Upon receipt of the actual information
for a taxing district that received an estimated tax reduction
factor, the commissioner shall compute the actual tax reduction
factor and use that factor to compute the taxes that should have
been charged and payable against each parcel of property for the
year for which the estimated reduction factor was used. The
amount by which the estimated factor resulted in an overpayment
or
underpayment in taxes on any parcel shall be added to or
subtracted from the amount due on that parcel in the ensuing tax
year.
A percentage or a tax reduction factor determined or
computed
by the commissioner under this section shall be used
solely for
the purpose of reducing the sums to be levied by the
tax to which
it applies for the year for which it was determined
or computed.
It shall not be used in making any tax computations
for any
ensuing tax year.
(I) In making the determinations under division
(D)(1) of
this section, the tax commissioner shall take
account of changes
in the taxable value of carryover property
resulting from
complaints filed under section 5715.19 of the Revised Code for
determinations made for the tax year in which such changes are
reported to the commissioner. Such changes shall be reported to
the commissioner on the first abstract of real property filed
with
the commissioner under section 5715.23 of the Revised Code
following the
date on which the complaint is finally determined by
the board of
revision or by a court or other authority with
jurisdiction on
appeal. The tax commissioner shall account for
such changes in
making the determinations only for the tax year in
which the
change in valuation is reported. Such a valuation
change shall
not be used to recompute the percentages determined
under
division (D)(1) of this section for any prior tax year.
Sec. 333.01. As used in this chapter:
(A) "County sales and use tax" means the tax levied by a county under division (A) of section 5739.021 or division (A) of section 5741.021 of the Revised Code that is returned or distributed to the county under section 5739.21 or 5741.03 of the Revised Code.
(B) "Impact facility" means a permanent structure, including all interior or exterior square footage used for educational or exhibition activities, that meets all of the following criteria:
(1) It is used for the sale of tangible personal property or services;
(2) At least ten per cent of the facility's total square footage is dedicated to educational or exhibition activities;
(3) At least fifty million dollars is invested in land, buildings, infrastructure, and equipment for the facility at the site of the facility over a period of not more than two years;
(4) An annualized average of at least one hundred fifty new full-time equivalent positions will be created and maintained at the facility;
(5) More than fifty per cent of the visitors to the facility are reasonably anticipated to live at least one hundred miles from the facility.
(C) "Qualifying investment" means a person's investment in land, buildings, infrastructure, and equipment for creating an impact facility.
(D) "Full-time equivalent positions" means the total number of hours worked at a facility in a work week, divided by forty hours per week.
Sec. 333.02. Before December 1, 2006, a board of county commissioners of a county that levies a county sales and use tax may enter into an agreement with any person that proposes to construct an impact facility in the county to provide payments to that person of up to seventy-five per cent of the county sales and use tax collected on each retail sale made by that person at the facility, for a term of up to ten years, or until the person's qualifying investment in the impact facility has been realized through the payments, whichever occurs first.
Sec. 333.03. (A) A person seeking to enter into an agreement and obtain payments under section 333.02 of the Revised Code shall provide both of the following to the board of county commissioners:
(1) A certification by the person's chief financial officer, or the equivalent if that position does not exist, that the criteria listed in division (B) of section 333.01 of the Revised Code will be met; and
(2) An application on a form or in a format acceptable to the board that describes the proposed impact facility, including the projected level of investment in and new jobs to be created at the facility, the rationale used for determining that more than fifty per cent of the facility's visitors live at least one hundred miles from the facility, the types of activities to be conducted at the facility, the projected levels of sales to occur at the facility, a calculation of the facility's square footage that will be dedicated to educational or exhibition activities, and any other information the board of county commissioners reasonably requests about the expected operations of the facility.
(B) The board of county commissioners shall request the director of development to certify that the proposed facility meets the criteria for an impact facility listed in division (B) of section 333.01 of the Revised Code. The board of county commissioners may, but need not, make findings of fact that a proposed facility meets the criteria for an impact facility listed in division (B) of section 333.01 of the Revised Code before or after requesting the certification. If the director of development certifies a proposed facility as an impact facility under this section, and if the board makes such findings, the findings and certification are conclusive and not subject to reopening at any time.
Sec. 333.04. (A) After review of the items submitted under division (A) of section 333.03 of the Revised Code, and after receipt of the certification from the director of development under division (B) of that section, a board of county commissioners, before December 1, 2006, may enter into an agreement under section 333.02 of the Revised Code, provided that the board has determined all of the following:
(1) The proposed impact facility is economically sound;
(2) Construction of the proposed impact facility has not begun prior to the day the agreement is entered into;
(3) The impact facility will benefit the county by increasing employment opportunities and strengthening the local and regional economy; and
(4) Receiving payments from the board of county commissioners is a major factor in the person's decision to go forward with construction of the impact facility.
(B) An agreement entered into under this section shall include all of the following:
(1) A description of the impact facility that is the subject of the agreement, including the existing investment level, if any, the proposed amount of investments, the scheduled starting and completion dates for the facility, and the number and type of full-time equivalent positions to be created at the facility;
(2) The percentage of the county sales and use tax collected at the impact facility that will be used to make payments to the person entering into the agreement;
(3) The term of the payments and the first calendar quarter in which the person may apply for a payment under section 333.06 of the Revised Code;
(4) A requirement that the amount of payments made to the person during the term established under division (B)(3) of this section shall not exceed the person's qualifying investment, and that all payments cease when that amount is reached;
(5) A requirement that the person maintain operations at the impact facility for at least the term established under division (B)(3) of this section;
(6) A requirement that the person annually certify to the board of county commissioners, on or before a date established by the board in the agreement, the level of investment in, the number of employees and type of full-time equivalent positions at, and the amount of county sales and use tax collected and remitted to the tax commissioner or treasurer of state from sales made at, the facility;
(7) A provision stating that the creation of the proposed impact facility does not involve the relocation of more than ten full-time equivalent positions and two million dollars in taxable assets to the impact facility from another facility owned by the person, or a related member of the person, that is located in another political subdivision of this state, other than the political subdivision in which the impact facility is or will be located;
(8) A provision stating that the person will not relocate more than ten full-time equivalent positions and two million dollars in taxable assets to the impact facility from another facility in another political subdivision of this state during the term of the payments without the written approval of the director of development;
(9) A detailed explanation of how the person determined that more than fifty per cent of the visitors to the facility live at least one hundred miles from the facility.
(C) For purposes of this section, the transfer of a full-time equivalent position or taxable asset from another political subdivision in this state to the political subdivision in which the impact facility is or will be located shall be considered a relocation, unless the person refills the full-time equivalent position, or replaces the taxable asset with an asset of equal or greater taxable value, within six months after the transfer. The person may not receive a payment under this chapter for any year in which more than ten relocations occurred without the written consent of the board of county commissioners.
Sec. 333.05. (A) If a person fails to meet or comply with any provision of an agreement entered into under section 333.02 of the Revised Code, the board of county commissioners may amend the agreement to reduce the percentage or term, or both, of the payments the person is entitled to receive under the agreement. The reduction shall commence in the calendar quarter immediately following the calendar quarter in which the board amends the agreement.
(B) A board of county commissioners shall submit to the department of development and to the tax commissioner a copy of each agreement entered into under section 333.02 of the Revised Code and any modifications to an agreement within thirty days after finalization or modification of the agreement.
Sec. 333.06. (A) A person who has entered into an agreement with a board of county commissioners under section 333.02 of the Revised Code shall apply for payment with the county auditor on a form prescribed by the tax commissioner within sixty days after the end of each calendar quarter during which the agreement is in effect. Upon request of the county auditor, the tax commissioner shall provide to the county auditor the applicant's sales or use tax return information or any sales or use tax audit information, including information regarding state refunds of sales or use taxes, that the county auditor needs to determine the amount of the payment that should be made to the applicant.
(B) On receipt of an application for payment under this section and review of the applicant's agreement with the board of county commissioners, the county auditor shall determine the amount of the payment the applicant shall receive as follows:
(1) If the amount of the payment is not less than that claimed on the application, the county auditor shall certify the amount to the county treasurer, who shall make a payment to the applicant from the county sales and use tax revenues returned or distributed to the county under sections 5739.21 and 5741.03 of the Revised Code. Upon request of the board of county commissioners or the tax commissioner, the county auditor shall notify the board or the commissioner, or both, of the amount certified and the date the payment will be made.
(2) If the amount of the payment is less than that claimed on the application, the county auditor shall notify the applicant and provide to the applicant the reasons why the payment is less than that claimed. If the applicant disagrees with the amount of the payment, the applicant may file an appeal with the tax commissioner pursuant to, and within the time prescribed by, section 333.07 of the Revised Code. To assist in reviewing the amount under appeal, the county auditor shall provide to the tax commissioner any information the commissioner requests.
(C) A payment made under this section or under section 333.07 of the Revised Code shall not include interest. The amount of the payment shall be subject to adjustment by the county auditor, based on any refunds of the county sales and use tax that were made to the person arising from retail sales at the impact facility, including for calendar quarters in which such sales were made before the calendar quarter for which the person is requesting a payment under this section.
Sec. 333.07. (A) An applicant who intends to file an appeal with the tax commissioner under division (B)(2) of section 333.06 of the Revised Code shall have sixty days from the date the county auditor mails the notice under that section, as shown by the United States postal service postmark, to file with the commissioner a notice of objection and to request a hearing. The notice of objection shall state the reasons why the applicant objects to the amount of the payment to be paid to the applicant by the county auditor.
(B)(1) If an applicant who files an appeal with the tax commissioner under division (B)(2) of section 333.06 of the Revised Code does not file a notice of objection within the time limit prescribed under division (A) of this section, the tax commissioner shall take no further action and the county auditor's determination under section 333.06 of the Revised Code is final.
(2)(a) If the applicant files a notice of objection and requests a hearing within the time limit prescribed by division (A) of this section, the tax commissioner shall assign a time and place for the hearing and notify the applicant of the time and place, but the commissioner may continue the hearing from time to time as necessary. After the hearing, the commissioner may make adjustments to the payment as the commissioner finds proper, and shall issue a final determination thereon.
(b) If the applicant files a notice of objection within the time limit prescribed by division (A) of this section and does not request a hearing, but provides additional information within the time limit prescribed by division (A) of this section, the tax commissioner shall review the information, may make adjustments to the payment as the commissioner finds proper, and shall issue a final determination thereon.
(C) The tax commissioner shall serve a copy of the commissioner's final determination under this section on the applicant that filed the appeal and on the county auditor, in the manner provided in section 5703.37 of the Revised Code. The final determination may be appealed by the applicant under section 5717.02 of the Revised Code.
(D) If applicable, the county auditor shall certify to the county treasurer any payment due to a person pursuant to the tax commissioner's final determination under this section, adjusted for any changes that were made to the amount of the payment as the result of the appeal.
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
October 10, 1989, the board of county commissioners
shall, within thirty days of
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.
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 establish such a board, subject to both of in accordance with the following procedures:
(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 Not later than January 1, 2007, the board of county commissioners shall adopt a resolution expressing its intent to establish a board of alcohol, drug addiction, and mental health services.
(2) After adopting a resolution under division (B)(1) of this section, the board of county commissioners shall instruct the county's community mental health board and alcohol and drug addiction services board to prepare a report on the feasibility, process, and proposed plan to establish a board of alcohol, drug addiction, and mental health services. The board of county commissioners shall specify the date by which the report must be submitted to the board for its review.
(3) After reviewing the report prepared under division (B)(2) of this section, the board may adopt a final resolution establishing a board of alcohol, drug addiction, and mental health services. A final resolution establishing such a board shall be adopted not later than July 1, 2007.
Sec. 742.57. All amounts due the Ohio police and fire pension
fund from the state treasury pursuant to this chapter shall be promptly paid
upon warrant of the auditor of state director of budget and management pursuant to a voucher approved by the
director of budget and management.
Sec. 901.23. (A) There is hereby created the farmland
preservation advisory board consisting of twelve voting members.
Not later than sixty days after
the effective date of this
section, appointed by the director of agriculture shall appoint all of the
following members to the board as follows:
(1) One member who is a county commissioner or a
representative of a statewide organization that represents county
commissioners;
(2) One member who is a township trustee or a
representative
of a statewide organization that represents
township trustees;
(3) One representative of the Ohio state university;
(4) One representative of a national nonprofit organization
dedicated to the preservation of farmland;
(5) One representative of the natural resources
conservation
service in the United States department of
agriculture;
(6) One representative each of development, environmental,
and planning, and soil and water conservation interests;
(7)(6) One farmer from each of the state's four quadrants.
Of the initial appointments to the board, four shall serve
for a one-year term, four shall serve for a two-year term, and
four shall serve for a three-year term. Thereafter, terms Terms of
office shall be staggered and shall be for three years, with each term ending on the same
day of the same month as did the term that it succeeds. Each
member shall hold office from the date of appointment until the
end of the term for which the member was appointed, except that
the term of any member who is a county commissioner or township
trustee shall end when the member ceases to serve as a county
commissioner or township trustee.
Members may be reappointed. Vacancies shall be filled in
the
manner provided for original appointments. Any member
appointed
to fill a vacancy occurring prior to the expiration date
of the
term for which the member was appointed shall serve for the
remainder of that term. A member shall continue to serve
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. Members shall serve at the
pleasure of the director.
The executive director of the office of farmland
preservation
in the department of agriculture or another employee
of the
department who is designated by the director shall serve as
the
nonvoting chairperson of the board. The director annually
shall
designate one member of the board to serve as its
vice-chairperson. The board may adopt bylaws governing its
operation and shall meet at a time when the director, or the
director's designee, considers it appropriate in order for the
board to provide advice as required under division (B) of this
section.
(B) The board shall provide advice to the director
regarding
all of the following:
(1) The design and implementation of an agricultural
easement purchase program;
(2) The selection of applications that will be awarded
matching grants under division (D) of section 901.22 of the
Revised Code for the purchase of agricultural easements;
(3) The design and implementation of any other statewide
farmland protection measures that the director considers
appropriate.
(C) Serving as a member of the board does not constitute
holding a public office or position of employment under the laws
of this state and does not constitute grounds for removal of
public officers or employees from their offices or positions of
employment.
(D) A board member shall be reimbursed for actual and
necessary expenses incurred in the discharge of duties as a board
member.
Sec. 927.39. (A) As used in this section and in sections 927.40 to 927.42 of the Revised Code:
(1) "Pest" has the same meaning as in section 927.51 of the Revised Code.
(2) "Quarantined area" means an area that is quarantined by the director of agriculture under section 927.71 of the Revised Code or by the United States department of agriculture.
(B) Counties, townships, and municipal corporations may, upon the
vote of the board of county commissioners, the board of township trustees, or
the legislative authority of any municipal corporation, purchase or rent
spraying equipment and may purchase supplies designed to combat dutch elm
disease and phloem necrosis, commonly known as "elmblight," a pest for which a quarantined area is established and may contract
for the hire of necessary employees to operate such equipment and carry out
sections 927.39 to 927.42, inclusive, of the Revised Code. Payment for such
equipment or its use, supplies, and wages as are contracted for may be
provided out of the general fund of such subdivision.
Any two or more counties, townships, municipal corporations, or any
combination of such subdivisions, may jointly contract for the purchase or
renting of such spraying equipment, the purchase of such supplies, and for the
hiring of such employees to conduct a joint effort to combat dutch elm disease
and phloem necrosis a pest for which a quarantined area is established; the payment for such equipment, supplies, and labor may be
made jointly, in such proportions as the board of county commissioners, the
board of township trustees, or the legislative authority of a municipal
corporation may agree upon, out of the general fund of any such subdivision.
Sec. 927.40. The board of county commissioners, board of township trustees,
or legislative authority of a municipal corporation may authorize an agent to
enter upon any lands in a quarantined area within the subdivisions for the sole purpose of
inspecting such lands for the existence of dutch elm disease or phloem
necrosis the pest for which the quarantined area has been established. Such powers of inspection may be exercised by any such subdivision,
through its agent, solely to prepare a campaign within the subdivision against
such plant diseases a pest for which a quarantined area is established.
Sec. 927.41. Upon the purchase or rental of spraying equipment and the
purchase of supplies to combat dutch elm disease and phloem necrosis a pest for which a quarantined area is established, the
agents of the board of county commissioners, board of township trustees, or
legislative authority of a municipal corporation may contact the owners of
land in the quarantined area within the subdivision, to obtain permission to enter upon such lands to
spray and treat trees upon such land combat that pest. After obtaining such permission, such
agents may enter upon such land and spray and treat such
trees combat that pest as the owner agrees
shall be so treated, and the board of county commissioners, board of township
trustees, or legislative authority of the municipal corporation may charge
such fees for such treatment efforts as will cover the actual costs of such
treatment the efforts.
In the same manner, plants that are dead or dying trees infested with the carrier beetles of
the dutch elm disease from a pest may be removed or completely destroyed by burning at the
cost of the landowner.
Sec. 927.42. (A) The board of county commissioners, the board of township
trustees, or the legislative authority of any municipal corporation may obtain
the assistance of the departments department of agriculture of Ohio or of the United
States department of agriculture upon any problem which that arises in connection with combating dutch elm
disease and phloem necrosis.
(B) If the board of county commissioners, the board of township trustees, or the legislative authority of a municipal corporation issues general obligation securities under division (A)(4) of section 133.12 of the Revised Code, that board of county commissioners, board of township trustees, or legislative authority, whichever is applicable, shall do both of the following:
(1) Notify the director of agriculture of that fact;
(2) Coordinate and comply with the protocols and directives established by the director with respect to the quarantined area or the pest for which a quarantined area is established.
Sec. 955.011. (A) When an application is made for
registration of a an assistance dog that is in training to become or serves as
a guide or leader for a blind person or as a listener for a deaf
person, that is in training to provide or provides support or assistance for a mobility
impaired person, or that is in training to become or serves as a seizure assistance, seizure response, or seizure alert dog for a person with a seizure disorder, and the owner can show proof by certificate or
other means that the dog is in training or has been trained for
that purpose by a nonprofit special agency engaged in such work an assistance dog,
the owner of such a guide, leader, hearing, support, seizure assistance, seizure response, or seizure alert the dog shall
be exempt from any fee for such the registration. Registration for
such a an assistance dog in training or serving as a guide or leader for a
blind person, as a listener for a deaf person, as a support
dog for a mobility impaired person, or as a seizure assistance, seizure response, or seizure alert dog for a person with a seizure disorder shall be permanent and not
subject to annual renewal so long as the dog is in training or so
serves an assistance dog. Certificates and tags stamped "Ohio Service Assistance Dog-Permanent Registration," with registration number,
shall be issued upon registration of such a dog. Any certificate
and tag stamped "Ohio Guide Dog-Permanent Registration" or "Ohio
Hearing Dog-Permanent Registration," with registration number,
that was issued for a dog in accordance with this section as it
existed prior to July 4, 1984, and any certificate and tag stamped "Ohio Handicapped Assistance Dog-Permanent Registration," with registration number, that was issued for a dog in accordance with this section as it existed on and after July 5, 1984, and but prior to the effective date of this amendment November 26, 2004, and any certificate and tag stamped "Ohio Service Dog-Permanent Registration," with registration number, that was issued for a dog in accordance with this section as it existed on and after November 26, 2004, but prior to the effective date of this amendment shall remain in effect as valid
proof of the registration of the dog on and after the effective date of this amendment November 26, 2004.
Duplicate certificates and tags for a dog registered in
accordance with this section, upon proper proof of loss, shall be
issued and no fee required. Each duplicate certificate and tag
that is issued shall be stamped "Ohio Service Assistance
Dog-Permanent Registration."
(B) As used in this section and in sections 955.16 and
955.43 of the Revised Code:
(1) "Mobility impaired person" means any person,
regardless of age, who is subject to a physiological defect or
deficiency regardless of its cause, nature, or extent that
renders the person unable to move about without the aid of
crutches, a wheelchair, or any other form of support, or that
limits the person's functional ability to ambulate, climb,
descend, sit, rise, or to perform any related function. "Mobility impaired person" includes a person with a neurological or psychological disability that limits the person's functional ability to ambulate, climb, descend, sit, rise, or perform any related function. "Mobility impaired person" also includes a person with a seizure disorder.
(2) "Blind" means either of the following:
(a) Vision twenty/two hundred or less in the better eye
with proper correction.;
(b) Field defect in the better eye with proper correction
which that contracts the peripheral field so that the diameter of the
visual field subtends an angle no greater than twenty degrees.
(3) "Assistance dog" means a guide dog, hearing dog, or service dog that has been trained by a nonprofit special agency.
(4) "Guide dog" means a dog that has been trained or is in training to assist a blind person.
(5) "Hearing dog" means a dog that has been trained or is in training to assist a deaf or hearing-impaired person.
(6) "Service dog" means a dog that has been trained or is in training to assist a mobility impaired person.
Sec. 955.16. (A) Dogs that have been seized by the county
dog warden and impounded shall be kept, housed, and fed for three
days for the purpose of redemption, as provided by section 955.18
of the Revised Code, unless any of the following applies:
(1) Immediate humane destruction of the dog is necessary
because of obvious disease or injury. If the diseased or injured
dog is registered, as determined from the current year's
registration list maintained by the warden and the county auditor
of the county where the dog is registered, the necessity of
destroying the dog shall be certified by a licensed veterinarian
or a registered veterinary technician. If the dog is not
registered, the decision to destroy it shall be made by the
warden.
(2) The dog is currently registered on the registration
list maintained by the warden and the auditor of the county where
the dog is registered and the attempts to notify the owner,
keeper, or harborer under section 955.12 of the Revised Code have
failed, in which case the dog shall be kept, housed, and fed for
fourteen days for the purpose of redemption.
(3) The warden has contacted the owner, keeper, or
harborer under section 955.12 of the Revised Code, and the owner,
keeper, or harborer has requested that the dog remain in the
pound or animal shelter until the owner, harborer, or keeper
redeems the dog. The time for such redemption shall be not more
than forty-eight hours following the end of the appropriate
redemption period.
At any time after such periods of redemption, any dog not
redeemed shall be donated to any nonprofit special agency that is
engaged in the training of any type of assistance dogs to serve as guide or leader dogs
for blind persons, hearing dogs for deaf persons, or support dogs
for mobility impaired persons and that requests that the dog be
donated to it. Any dog not redeemed that is not requested by
such an agency may be sold, except that no dog sold to a person
other than a nonprofit teaching or research institution or
organization of the type described in division (B) of this
section shall be discharged from the pound or animal shelter
until the animal has been registered and furnished with a valid
registration tag.
(B) Any dog that is not redeemed within the applicable
period as specified in this section or section 955.12 of the
Revised Code from the time notice is mailed to its owner, keeper,
or harborer or is posted at the pound or animal shelter, as
required by section 955.12 of the Revised Code, and that is not
required to be donated to a nonprofit special agency engaged in
the training of guide, leader, hearing, or support any type of assistance dogs may, upon
payment to the dog warden or poundkeeper of the sum of three
dollars, be sold to any nonprofit Ohio institution or
organization that is certified by the Ohio public health council
as being engaged in teaching or research concerning the
prevention and treatment of diseases of human beings or animals.
Any dog that is donated to a nonprofit special agency engaged in
the training of guide, leader, hearing, or support any type of assistance dogs, in
accordance with division (A) of this section and any dog that is
sold to any nonprofit teaching or research institution or
organization shall be discharged from the pound or animal shelter
without registration and may be kept by the agency or by the
institution or organization without registration so long as the
dog is being trained, or is being used for teaching and research
purposes.
Any institution or organization certified by the Ohio
public health council that obtains dogs for teaching and research
purposes pursuant to this section shall, at all reasonable times,
make the dogs available for inspection by agents of the Ohio
humane society, appointed pursuant to section 1717.04 of the
Revised Code, and agents of county humane societies, appointed
pursuant to section 1717.06 of the Revised Code, in order that
the agents may prevent the perpetration of any act of cruelty, as
defined in section 1717.01 of the Revised Code, to the dogs.
(C) Any dog that the dog warden or poundkeeper is unable
to dispose of, in the manner provided by this section and section
955.18 of the Revised Code, may be humanely destroyed, except
that no dog shall be destroyed until twenty-four hours after it
has been offered to a nonprofit teaching or research institution
or organization, as provided in this section, that has made a
request for dogs to the dog warden or poundkeeper.
(D) An owner of a dog that is wearing a valid registration
tag who presents the dog to the dog warden or poundkeeper may
specify in writing that the dog shall not be offered to a
nonprofit teaching or research institution or organization, as
provided in this section.
(E) A record of all dogs impounded, the disposition of the
same, the owner's name and address, if known, and a statement of
costs assessed against the dogs shall be kept by the poundkeeper,
and he the poundkeeper shall furnish a transcript thereof to the
county treasurer
quarterly.
A record of all dogs received and the source that supplied
them shall be kept, for a period of three years from the date of
acquiring the dogs, by all institutions or organizations engaged
in teaching or research concerning the prevention and treatment
of diseases of human beings or animals.
(F) No person shall destroy any dog by the use of a high
altitude decompression chamber or by any method other than a
method that immediately and painlessly renders the dog initially
unconscious and subsequently dead.
Sec. 955.43. (A) When either a blind, deaf or hearing impaired, or mobility impaired
person or a trainer of an assistance dog is accompanied by a an assistance dog that serves as or is in training
to
become a guide, leader, listener, or support dog for
the
person, and
the person can show proof by certificate or other
means that
the dog
leading
the person, listening for
the
person, or providing support or
assistance for
the person has
been or is being trained for
that purpose
by a nonprofit special
agency engaged in such work, the person or the trainer, as applicable, is
entitled to the full
and equal accommodations, advantages,
facilities, and privileges
of all public conveyances, hotels,
lodging places, all places of
public accommodation, amusement, or
resort, all institutions of
education, and other places to which
the general public is
invited, and may take the dog into such
conveyances and places,
subject only to the conditions and
limitations applicable to all
persons not so accompanied, except
that:
(1) The dog shall not occupy a seat in any public
conveyance.
(2) The dog shall be upon a leash while using the
facilities
of a common carrier.
(3) Any dog in training to become a guide, leader,
listener,
or support an assistance dog shall be covered by a liability
insurance policy
provided by the nonprofit special agency engaged
in such work
protecting members of the public against personal
injury or
property damage caused by the dog.
(B) No person shall deprive a blind, deaf or hearing impaired, or mobility
impaired person or a trainer of an assistance dog who is accompanied by an assistance dog of any of the advantages, facilities, or
privileges provided in division (A) of this section, nor charge
the blind, deaf, or mobility impaired person or trainer a fee or charge for
the dog.
(C) As used in this section, "institutions of education"
means:
(1) Any state university or college as defined in section
3345.32 of the Revised Code;
(2) Any private college or university that holds a
certificate of authorization issued by the Ohio board of regents
pursuant to Chapter 1713. of the Revised Code;
(3) Any elementary or secondary school operated by a board
of education;
(4) Any chartered or nonchartered nonpublic elementary or
secondary school;
(5) Any school issued a certificate of registration by the
state board of
career colleges and
schools.
Sec. 1309.102. (A) As used in this chapter, unless the
context
requires otherwise:
(1)
"Accession" means goods that are physically united with
other
goods in such a manner that the identity of the original
goods is not
lost.
(2)(a)
"Account," except as used in
"account for," means a
right
to payment of a monetary obligation, whether or not earned
by
performance, (i) for property that has been or is to be sold,
leased,
licensed,
assigned, or otherwise disposed of, (ii) for
services rendered or to be rendered, (iii) for a policy of
insurance issued or to be issued, (iv) for a secondary obligation
incurred or to be incurred, (v) for energy provided or to be
provided, (vi) for the use or hire of a vessel under a charter or
other
contract, (vii) arising out of the use of a credit
or
charge card or information contained on or for use with the
card,
or (viii) as winnings in a lottery or other game of chance
operated or
sponsored by a state, governmental unit of a state, or
person licensed or authorized to operate the
game by a state or
governmental unit of a state.
(b) "Account" includes health-care insurance receivables.
(c)
"Account" does not include (i) rights to payment
evidenced by chattel paper or an
instrument, (ii) commercial tort
claims, (iii) deposit accounts, (iv) investment property, (v)
letter-of-credit rights or letters of credit, or (vi) rights to
payment for money or funds advanced or sold,
other
than rights
arising out of the use of a credit or charge
card or information
contained on or for use
with the card.
(3)
"Account debtor" means a person who is obligated on an
account, chattel paper, or general intangible.
"Account debtor"
does
not include a person who is obligated to pay a negotiable
instrument,
even if the instrument constitutes part of chattel
paper.
(4)
"Accounting," except as used in
"accounting for," means a
record:
(a) Authenticated by a secured party;
(b) Indicating the aggregate unpaid secured obligations as
of a
date not more than thirty-five days earlier or thirty-five
days later
than the date of the record; and
(c) Identifying the components of the obligations in
reasonable detail.
(5)
"Agricultural lien" means an interest, other than a
security
interest, in farm products:
(a) That secures payment or performance of an obligation
for:
(i) Goods or services furnished in connection with a
debtor's
farming operation; or
(ii) Rent on real property leased by a debtor in connection
with
its farming operation.
(b) That is created by statute in favor of a person who:
(i) In the ordinary course of business, furnished goods or
services to a debtor in connection with the debtor's farming
operation; or
(ii) Leased real property to a debtor in connection with the
debtor's farming operation; and
(c) Whose effectiveness does not depend on the person's
possession of the
personal
property.
(6)
"As-extracted collateral" means:
(a) Oil, gas, or other minerals that are subject to a
security
interest that:
(i) Is created by a debtor having an interest in the
minerals
before extraction; and
(ii) Attaches to the minerals as extracted; or
(b) Accounts arising out of the sale at the wellhead or
minehead
of oil, gas, or other minerals in which the debtor had an
interest before
extraction.
(7)
"Authenticate" means:
(b) To execute or otherwise adopt a symbol, or encrypt or
similarly process a record in whole or in part, with the present
intent of the
authenticating person
to identify the person and
adopt or accept a record.
(8)
"Bank" means an organization that is engaged in the
business
of banking.
"Bank" includes savings banks, savings and
loan
associations, credit unions, and trust companies.
(9)
"Cash proceeds" means proceeds that are money, checks,
deposit accounts, or the like.
(10)
"Certificate of title" means a certificate of title
with
respect to which a statute provides for the security interest
in
question to be indicated on the certificate as a condition or
result of
the security interest's obtaining priority over the
rights of a
lien creditor with respect to the collateral.
(11)(a)
"Chattel paper" means a record that evidences both a
monetary obligation and a security interest in
specific goods, a
security interest in specific goods and software
used
in the
goods, a security interest in specific goods and license of
software used in the goods, a lease of specific goods, or a lease
of specific goods and license of software used
in the
goods.
As used in division (A)(11)(a) of this section,
"monetary
obligation" means a monetary obligation secured by the goods or
owed under a lease of the goods and includes a monetary obligation
with respect to software used in the goods.
(b) If a transaction is evidenced by records that include
an instrument or series of instruments,
the group of
records taken
together constitutes chattel paper.
(c)
"Chattel paper" does not include (i) charters or other
contracts involving the use or hire of
a
vessel or (ii) records
that evidence a right to payment arising out of
the
use of a
credit or charge card or information contained on or for
use with
the card.
(12)
"Collateral" means the property subject to a security
interest or agricultural lien, including:
(a) Proceeds to which a security interest attaches;
(b) Accounts, chattel paper, payment intangibles, and
promissory
notes that have been sold; and
(c) Goods that are the subject of a consignment.
(13)
"Commercial tort claim" means a claim arising in tort
with respect to which:
(a) The claimant is an organization; or
(b) The claimant is an individual, and the claim:
(i) Arose in
the
course of the claimant's business or
profession; and
(ii) Does not
include damages arising out of personal injury
to or the death of
an
individual.
(14)
"Commodity account" means an account maintained by a
commodity
intermediary in which a commodity contract is carried
for a commodity
customer.
(15)
"Commodity contract" means a commodity futures
contract,
an option on
a commodity futures contract, a commodity
option, or
another contract if the contract or option is:
(a) Traded on or subject to the rules of a board of trade
that
has been designated as a contract market for such a contract
pursuant to the
federal commodities laws; or
(b) Traded on a foreign commodity board of trade, exchange,
or
market and is carried on the books of a commodity intermediary
for
a
commodity customer.
(16)
"Commodity customer" means a person for whom a
commodity
intermediary
carries a commodity contract on its books.
(17)
"Commodity intermediary" means a person that:
(a) Is registered as a futures commission
merchant
under the
federal commodities laws; or
(b) In the ordinary course of its business
provides
clearance or settlement services for a board of trade
that has
been designated
as a contract market pursuant to the
federal
commodities laws.
(18)
"Communicate" means:
(a) To send a written or other tangible record;
(b) To transmit a record by any means agreed upon by the
persons
sending and receiving the record; or
(c) In the case of transmission of a record to or by a
filing
office, to transmit a record by any means prescribed by
filing-office
rule.
(19)
"Consignee" means a merchant to whom goods are
delivered
in
a consignment.
(20)
"Consignment" means a transaction, regardless of its
form,
in which a person delivers goods to a merchant for the
purpose of sale and:
(i) Deals in goods of that kind under a name
other
than the
name
of the person making delivery;
(ii) Is not an auctioneer; and
(iii) Is not generally known by its creditors
to be
substantially
engaged in selling the goods of others;
(b) With respect to each delivery, the aggregate value of
the
goods is one thousand dollars or more at the time of delivery.
(c) The goods are not consumer goods immediately before
delivery; and
(d) The transaction does not create a security interest that
secures an obligation.
(21)
"Consignor" means a person that delivers goods to a
consignee
in a consignment.
(22)
"Consumer debtor" means a debtor in a consumer
transaction.
(23)
"Consumer goods" means goods that are used or bought
for
use
primarily for personal, family, or household purposes.
(24)
"Consumer-goods transaction" means a consumer
transaction in
which:
(a) An individual incurs an obligation primarily for
personal,
family, or household purposes; and
(b) A security interest in consumer goods secures the
obligation.
(25)
"Consumer obligor" means an obligor who is an
individual
and
who incurred the obligation as part of a
transaction entered
into
primarily for personal, family, or
household purposes.
(26)
"Consumer transaction" means a transaction in which: (a)
an individual incurs an obligation primarily for
personal,
family,
or household purposes, (b) a security interest secures the
obligation, and (c) the collateral is held or acquired primarily
for
personal,
family, or household purposes. "Consumer
transaction" includes consumer-goods transactions.
(27)
"Continuation statement" means an amendment of a
financing
statement that:
(a) Identifies, by its file number, the initial financing
statement to which it relates; and
(b) Indicates that it is a continuation statement for, or
that
it
is filed to continue the effectiveness of, the identified
financing
statement.
(a) A person having an interest, other than a security
interest
or other lien, in the collateral, whether or not the
person is an
obligor;
(b) A seller of accounts, chattel paper, payment
intangibles, or
promissory notes; or
(29)
"Deposit account" means a demand, time, savings,
passbook,
or similar account maintained with a bank but does not
include
investment property or accounts evidenced by an
instrument.
(30)
"Document" means a document of title or a receipt of the
type
described in division (B) of section 1307.06 of the Revised
Code.
(31)
"Electronic chattel paper" means chattel paper
evidenced
by
a record consisting of information stored in an
electronic
medium.
(32)
"Encumbrance" means a right, other than an ownership
interest, in real property. "Encumbrance" includes mortgages and
other liens on real property.
(33)
"Equipment" means goods other than inventory, farm
products,
or consumer goods.
(34)
"Farm products" means goods, other
than
standing timber,
with respect to which the debtor is engaged in a farming operation
and that are:
(a) Crops grown, growing, or to be grown, including:
(i) Crops produced on trees, vines, and bushes; and
(ii) Aquatic goods produced in aquacultural operations;
(b) Livestock, born or unborn, including aquatic goods
produced
in aquacultural operations;
(c) Supplies used or produced in a farming operation; or
(d) Products of crops or livestock in their unmanufactured
states.
(35)
"Farming operation" means raising, cultivating,
propagating,
fattening, grazing, or any other
farming,
livestock,
or aquacultural operation.
(36)
"File number" means the number assigned to an initial
financing statement under division (A) of section 1309.519 of the
Revised
Code.
(37)
"Filing office" means an office designated in section
1309.501 of the Revised Code as the place to file a
financing
statement.
(38)
"Filing-office rule" means a rule adopted
under section
1309.526 of the Revised Code.
(39)
"Financing statement" means a record composed of an
initial
financing statement and any filed record or records
relating to the
initial
financing statement. For the purposes of this chapter, financing statements filed for recording with the secretary of state shall not be required to include social security or employer identification numbers.
(40)
"Fixture filing" means the filing of a financing
statement
covering goods that are or are to become fixtures and
satisfying divisions (A) and (B) of section
1309.502 of the
Revised Code.
"Fixture filing"
includes the
filing of a financing
statement covering goods of a
transmitting
utility that are or are
to become fixtures.
(41)
"Fixtures" means goods that have become so related to
particular real property that an interest in them arises under
real
property law.
(42)
"General intangible" means any personal property,
including
things in action, other than accounts, chattel paper,
commercial tort
claims, deposit accounts, documents, goods,
instruments, investment
property, letter-of-credit rights, letters
of credit, money, and oil,
gas, or other minerals before
extraction.
"General intangible"
includes payment intangibles and
software.
(43)
"Good faith" means honesty in fact and the observance
of
reasonable commercial standards of fair dealing.
(44)(a)
"Goods" means
all things that are movable when a
security interest
attaches.
"Goods"
includes (i) fixtures, (ii)
standing timber that is to be cut and removed under a
conveyance
or contract for sale, (iii) the unborn young of animals, (iv)
crops grown, growing, or to be grown, even if the crops
are
produced on trees, vines, or bushes, and (v) manufactured homes.
(b)
"Goods" also includes a computer program embedded in
goods
and any supporting information provided in connection with a
transaction
relating to the program if (i) the program is
associated with the goods in such a
manner
that it customarily is
considered part of the goods, or (ii) by becoming the owner of
the goods, a person acquires a
right to use the program in
connection with the goods.
(c)
"Goods" does not include a computer program embedded in
goods that consist solely
of
the medium in which the program is
embedded. "Goods" does not include accounts, chattel paper,
commercial tort claims,
deposit
accounts, documents, general
intangibles, instruments,
investment property,
letter-of-credit
rights,
letters of credit,
money, or oil, gas, or other minerals
before
extraction.
(45)
"Governmental unit" means a subdivision, agency,
department,
county, parish, municipal corporation, or other unit
of the
government of the
United States, a state, or a foreign
country.
"Governmental unit" includes an organization having a
separate
corporate existence if the organization is eligible to
issue debt
on which interest
is exempt from income taxation under
the laws of
the United
States.
(46)
"Health-care-insurance receivable" means an interest
in
or
claim under a policy of insurance that is a right to payment of
a monetary obligation for health-care goods
or services provided.
(47)(a)
"Instrument" means a negotiable instrument or
any
other
writing that evidences a right to the payment of a monetary
obligation, is not itself a security agreement or lease, and is
of
a type
that in ordinary course of business is transferred by
delivery
with any necessary indorsement or assignment.
(b)
"Instrument" does not
include (i) investment property,
(ii) letters of
credit, or (iii) writings that evidence a right to
payment
arising out
of the use of a credit or charge card or
information
contained on
or for use with the card.
(48)
"Inventory" means goods, other than farm products, that:
(a) Are leased by a person as lessor;
(b) Are held by a person for sale or lease or to be
furnished
under a contract of service;
(c) Are furnished by a person under a contract of
service;
or
(d) Consist of raw materials, work in process, or
materials
used or consumed in a business.
(49)
"Investment property" means a security, whether
certificated or uncertificated, a security entitlement, a
securities account, a commodity contract, or a commodity account.
(50)
"Jurisdiction of organization," with respect to a
registered
organization, means the jurisdiction under whose law
the organization is
organized.
(51)
"Letter-of-credit right" means a right to payment or
performance under a letter of credit, whether or not the
beneficiary has demanded or is at the time entitled to demand
payment or performance.
"Letter-of-credit right" does not include
the right of a beneficiary to demand payment or performance under
a letter of credit.
(52)
"Lien creditor" means:
(a) A creditor who has acquired a
lien on the property
involved by attachment, levy or the like;
(b) An assignee for benefit of creditors from the time of
assignment;
(c) A trustee in bankruptcy from the date of the
filing of
the petition; or
(d) A receiver in equity from the time of
appointment.
(53)
"Manufactured home" means a structure, transportable in
one
or more sections, that, in the traveling mode, is eight body
feet
or more in width or forty body feet or more in length, or,
when
erected on site, is three hundred twenty or more square feet,
and
that is built on a permanent chassis and designed to be used
as a
dwelling with or without a permanent foundation when
connected to
the required utilities, and includes the plumbing,
heating,
air conditioning, and electrical systems contained in the
structure.
"Manufactured home" includes any structure that meets
all of the requirements of this paragraph except the size
requirements and with respect to which the manufacturer
voluntarily
files a certification required by the United
States
secretary of housing and urban development
and complies with the
standards established under Title 42 of the
United States Code.
(54)
"Manufactured-home transaction" means a secured
transaction:
(a) That creates a purchase-money security interest in a
manufactured
home, other than a manufactured home held as
inventory; or
(b) In which a manufactured home, other than a manufactured
home
held
as inventory, is the primary collateral.
(55)
"Mortgage" means a consensual interest in real
property,
including fixtures, that secures payment or performance
of an
obligation.
(56)
"New debtor" means a person that becomes bound as debtor
under division (D) of section 1309.203 of the Revised Code by a
security
agreement
previously entered into by another person.
(57)(a)
"New value" means (i) money, (ii) money's worth in
property, services, or new credit, or (iii) release by a
transferee of
an interest in property previously transferred to
the transferee.
(b)
"New value" does not include an obligation substituted
for
another obligation.
(58)
"Noncash proceeds" means proceeds other than cash
proceeds.
(59)(a)
"Obligor" means a person who, with respect to an
obligation secured by a security interest in or an
agricultural
lien on the collateral, (i) owes payment or other
performance of
the
obligation, (ii) has provided property other
than the
collateral
to secure
payment or other performance of the
obligation, or (iii) is otherwise accountable in whole or in
part
for
payment or
other performance of the obligation.
(b)
"Obligor" does not include issuers or nominated persons
under
a letter of credit.
(60)
"Original debtor," except as used in division (C) of
section
1309.310 of the
Revised Code, means a person who, as
debtor, entered into a
security agreement to which a new debtor
has become bound under division (D) of section
1309.203 of the
Revised Code.
(61)
"Payment intangible" means a general intangible under
which
the account debtor's principal obligation is a monetary
obligation.
(62)
"Person related to," with respect to an individual,
means:
(a) The spouse of the individual;
(b) A brother, brother-in-law, sister, or sister-in-law of
the
individual;
(c) An ancestor or lineal descendant of the individual or
the
individual's spouse; or
(d) Any other relative, by blood or marriage, of the
individual
or the
individual's spouse who shares the same home
with the
individual.
(63)
"Person related to," with respect to an organization,
means:
(a) A person directly or indirectly controlling, controlled
by,
or under common control with the organization;
(b) An officer or director of, or a person performing
similar
functions with respect to, the organization;
(c) An officer or director of, or a person performing
similar
functions with respect to, a person described in division
(A)(63)(a) of this section;
(d) The spouse of an individual described in division
(A)(63)(a),
(b), or (c) of this section; or
(e) An individual who is related by blood or marriage to an
individual described in division (A)(63)(a),
(b), (c), or (d) of
this section and shares the same home with the individual.
(64)
"Proceeds," except as used in division (B) of section
1309.609 of the Revised Code, means the following property:
(a) Whatever is acquired upon the sale, lease, license,
exchange,
or other disposition of collateral;
(b) Whatever is collected on, or distributed on account of,
collateral;
(c) Rights arising out of collateral;
(d) To the extent of the value of collateral, claims arising
out
of the loss, nonconformity, or interference with the use of,
defects or
infringement of rights in, or
damage to the collateral;
or
(e) To the extent of the value of collateral and to the
extent
payable to the debtor or the secured party, insurance
payable by reason of the
loss or nonconformity
of, defects or
infringement of rights in, or damage to the
collateral.
(65)
"Promissory note" means an instrument that evidences a
promise to pay a monetary obligation, does not evidence an order
to pay,
and does not contain an acknowledgment by a bank that the
bank has
received for deposit a sum of money or funds.
(66)
"Proposal" means a record authenticated by a secured
party
that includes the terms on which the secured party is
willing to accept
collateral in full or partial satisfaction of
the obligation it secures
pursuant to sections 1309.620, 1309.621,
and 1309.622 of the
Revised Code.
(67)
"Public-finance transaction" means a secured
transaction
in
connection with which:
(a) Debt securities are issued;
(b) All or a portion of the securities issued have an
initial
stated maturity of at least twenty years; and
(c) The debtor, obligor, secured party, account debtor or
other
person obligated on collateral, assignor or assignee of a
secured obligation,
or assignor or assignee
of a security interest
is a state or a governmental unit of a
state.
(68)
"Pursuant to commitment," with respect to an advance
made or
other value given by a secured party, means pursuant to
the secured
party's obligation, whether or not a subsequent event
of default
or other event not within the secured party's control
has relieved
or may relieve the secured party from its obligation.
(69)
"Record," except as used in
"for record,"
"of record,"
"record or legal title," and
"record owner," means information
that is
inscribed on a tangible medium or that is stored in an
electronic or
other medium and is retrievable in perceivable form.
(70)
"Registered organization" means an organization
organized
solely under the law of a single state or the United
States
and as to which the state or the United States must
maintain
a public record showing the organization to have been
organized.
(71)
"Secondary obligor" means an obligor to the extent that:
(a) The obligor's obligation is secondary; or
(b) The obligor has a right of recourse with respect to an
obligation secured by collateral against the debtor, another
obligor, or
property of either.
(72)
"Secured party" means:
(a) A person in whose favor a security interest is created
or
provided for under a security agreement, whether or not any
obligation to
be secured is outstanding;
(b) A person that holds an agricultural lien;
(d) A person to whom accounts, chattel paper, payment
intangibles, or promissory notes have been sold;
(e) A trustee, indenture trustee, agent, collateral agent,
or
other representative in whose favor a security interest or
agricultural lien
is created or provided for; or
(f) A person who holds a security interest arising under
section
1302.42, 1302.49, 1302.85, 1304.20, 1305.18, or 1310.54 of
the
Revised Code.
(73)
"Security agreement" means an agreement that creates or
provides for a security interest.
(74)
"Send," in connection with a record or notification,
means:
(a) To deposit in the mail, deliver for transmission, or
transmit
by any other usual means of communication, with postage
or cost of
transmission provided for,
addressed to any address
reasonable under the circumstances; or
(b) To cause the record or notification to be received
within the
time that it would have been received if properly sent
under
division (A)(74)(a) of this section.
(75)
"Software" means a computer program and any supporting
information provided in connection with a transaction relating to
the
program.
"Software" does not include a computer program that
is
included in the definition of goods.
(76)
"State" means a state of the United States, the
District
of Columbia,
Puerto Rico, the
United States Virgin
Islands, or any
territory or insular
possession subject to the
jurisdiction of the
United
States.
(77)
"Supporting obligation" means a letter-of-credit right
or
secondary obligation that supports the payment or performance
of an
account, chattel paper, a document, a general intangible, an
instrument,
or investment property.
(78)
"Tangible chattel paper" means chattel paper evidenced
by a
record consisting of information that is inscribed on a
tangible
medium.
(79)
"Termination statement" means an amendment of a
financing
statement that:
(a) Identifies, by its file number, the initial financing
statement to which it relates; and
(b) Indicates either that it is a termination statement
or
that
the identified financing statement is no longer effective.
(80)
"Transmitting utility" means a person primarily
engaged
in
the business of:
(a) Operating a railroad, subway, street railway, or
trolley
bus;
(b) Transmitting communications electrically,
electromagnetically, or by light;
(c) Transmitting goods by pipeline or sewer; or
(d) Transmitting or producing and transmitting electricity,
steam, gas, or water.
(B) Other definitions applying to this chapter are:
(1)
"Applicant" has the same meaning as in section 1305.01
of
the
Revised
Code.
(2)
"Beneficiary" has the same meaning as in section 1305.01
of the
Revised
Code.
(3)
"Broker" has the same meaning as in section 1308.01 of
the
Revised
Code.
(4)
"Certificated security" has the same meaning as in
section 1308.01 of
the
Revised Code.
(5)
"Check" has the same meaning as in section 1303.03 of
the
Revised Code.
(6)
"Clearing corporation" has the same meaning as in
section
1308.01 of
the Revised Code.
(7)
"Contract for sale" has the same meaning as in section
1302.01 of the
Revised
Code.
(8)
"Customer" has the same meaning as in section 1304.01 of
the
Revised
Code.
(9)
"Entitlement holder" has the same meaning as in section
1308.01 of the
Revised
Code.
(10)
"Financial asset" has the same meaning as in section
1308.01 of the
Revised
Code.
(11)
"Holder in due course" has the same meaning as in
section 1303.32 of
the
Revised Code.
(12)
"Issuer," with respect to a letter of credit or
letter-of-credit right, has the same meaning as in section 1305.01
of
the
Revised
Code.
(13)
"Issuer," with respect to a security, has the same
meaning as
in section
1308.08 of the Revised Code.
(14)
"Lease,"
"lease agreement,"
"lease contract,"
"leasehold
interest,"
"lessee,"
"lessee in ordinary course of
business,"
"lessor,"
and
"lessor's residual interest" have the
same meanings
as in section 1310.01
of the Revised Code.
(15)
"Letter of credit" has the same meaning as in section
1305.01 of the Revised Code.
(16)
"Merchant" has the same meaning as in section 1302.01
of
the
Revised Code.
(17)
"Negotiable instrument" has the same meaning as in
section 1303.03 of
the Revised Code.
(18)
"Nominated person" has the same meaning as in section
1305.01 of the
Revised
Code.
(19)
"Note" has the same meaning as in section 1303.03 of
the
Revised Code.
(20)
"Proceeds of a letter of credit" has the same meaning
as
in section
1305.13 of the Revised Code.
(21)
"Prove" has the same meaning as in section 1303.01 of
the
Revised Code.
(22)
"Sale" has the same meaning as in division (A)(11) of
section 1302.01 of
the Revised Code.
(23)
"Securities account" has the same meaning as in section
1308.51 of
the
Revised
Code.
(24)
"Securities intermediary,"
"security,"
"security
certificate,"
"security entitlement," and
"uncertificated
security" have the
same meanings as in section 1308.01 of the
Revised Code.
(C) The terms and principles of construction and
interpretations
set forth in sections 1301.01 to 1301.14 of the
Revised Code
are applicable to this chapter.
Sec. 1309.520. (A) A filing office shall refuse to accept
a
record for filing for a reason specified in division (B) of
section 1309.516 of the Revised Code and may refuse to
accept a
record for filing only for a reason specified in that division. However, the secretary of state's office shall redact social security and employer identification numbers from filings posted on its web site.
(B) If a filing office refuses to accept a record for
filing, it
shall communicate to the person who presented the
record the fact of and
reason for the refusal and the date and
time the record
would have been filed had the filing office
accepted it. The
communication must be made at the time and in
the manner
prescribed by the applicable filing-office rule but, in
the case of a
filing
office described
in division (A)(2) of
section 1309.501 of the
Revised Code, in
no event more
than two
business days after the filing office
receives the
record.
(C) A filed financing statement that satisfies divisions
(A)
and
(B) of section 1309.502 of the Revised Code is
effective, even
if
the filing office is required to refuse to accept it for filing
under
division (A) of this section. However, section 1309.338 of
the Revised Code applies to a filed financing statement that
provides information described in division (B)(5) of section
1309.516 of the Revised Code that is incorrect at the time
the
financing statement is filed.
(D) If a record communicated to a filing office provides
information that relates to more than one debtor, sections
1309.501 to
1309.527 of the Revised Code apply as to each debtor
separately.
Sec. 1309.521. (A) A filing office that accepts written
records
may not refuse to accept a written initial financing
statement in the following form and format except for a reason
prescribed in division
(B) of section
1309.516 of the Revised
Code:
UCC FINANCING STATEMENTFollow instructions (front and back) carefully.
A. Name and phone of contact at filer (optional) |
|
................................................................. |
|
B. Send acknowledgment to: (name and address) |
|
.................................. |
|
.................................. |
|
.................................. |
The above space is for filing office use only. |
|
1. DEBTOR'S EXACT FULL LEGAL NAME |
|
(Insert only one debtor name [1a or 1b]. Do not abbreviate or |
|
combine names.) |
|
1a. Organization's name ......................................... |
|
or |
|
1b. Individual's last name ............. First name ............. |
|
Middle name ........................... Suffix .................. |
|
1c. Mailing address ............................................. |
|
City .......... State ....... Postal code ...... Country ........ |
|
1d. Tax ID Number: SSN or EIN ................................... |
|
Additional information regarding organization debtor |
|
1e1d. Type of organization ........................................ |
|
1f1e. Jurisdiction of organization ................................ |
|
2. ADDITIONAL DEBTOR'S EXACT FULL LEGAL NAME |
|
(Insert only one debtor name [2a or 2b]. Do not abbreviate or |
|
combine names.) |
|
2a. Organization's name ......................................... |
|
or |
|
2b. Individual's last name ............. First name ............. |
|
Middle name ........................... Suffix .................. |
|
2c. Mailing address ............................................. |
|
City .......... State ....... Postal code ...... Country ........ |
|
2d. Tax ID Number: SSN or EIN ................................... |
|
Additional information regarding organization debtor |
|
2e2d. Type of organization ........................................ |
|
2f2e. Jurisdiction of organization ................................ |
|
3. SECURED PARTY'S NAME (or name of total assignee of assignor |
|
S/P). Insert only one secured party name (3a or 3b). |
|
3a. Organization's name ......................................... |
|
or |
|
3b. Individual's last name ............. First name ............. |
|
Middle name ........................... Suffix .................. |
|
3c. Mailing address ............................................. |
|
City .......... State ....... Postal code ...... Country ........ |
|
4. This FINANCING STATEMENT covers the following collateral: |
|
................................................................. |
|
................................................................. |
|
................................................................. |
|
................................................................. |
|
5. ALTERNATIVE DESIGNATION (if applicable): |
|
[ ] Lessee/lessor [ ] Consignee/consignor [ ] Bailee/bailor |
|
[ ] Seller/buyer [ ] Ag. lien [ ] Non-UCC filing |
|
6. [ ] This FINANCING STATEMENT is to be filed [for record] (or |
|
recorded) in the REAL ESTATE
RECORDS. Attach addendum .......... |
|
[if applicable]. |
|
7. Check to REQUEST SEARCH REPORT(S) on debtor(s) |
|
[ADDITIONAL FEE] .......... [optional] |
|
[ ] All debtors [ ] Debtor 1 [ ] Debtor 2 |
|
8. OPTIONAL FILER REFERENCE DATA |
|
................................................................. |
|
................................................................. |
|
UCC FINANCING STATEMENT ADDENDUMFollow instructions (front and back) carefully.
9. NAME OF FIRST DEBTOR (1a OR 1b) ON RELATED FINANCING STATEMENT |
|
9a. Organization's name ......................................... |
|
or |
|
9b. Individual's last name ............. First name ............. |
|
Middle name ........................... Suffix .................. |
|
10. MISCELLANEOUS |
|
.................................. |
|
.................................. |
|
.................................. |
The above space is for filing office use only. |
|
11. ADDITIONAL DEBTOR'S EXACT FULL LEGAL NAME |
|
(Insert only one name [11a or 11b]. Do not abbreviate or combine |
|
names.) |
|
11a. Organization's name ........................................ |
|
or |
|
11b. Individual's last name ............. First name ............ |
|
Middle name ........................... Suffix .................. |
|
11c. Mailing address ............................................ |
|
City .......... State ....... Postal code ...... Country ........ |
|
11d. Tax ID Number: SSN or EIN .................................. |
|
Additional information regarding organization debtor |
|
11e11d. Type of organization ....................................... |
|
11f11e. Jurisdiction of organization ............................... |
|
12. [ ] ADDITIONAL SECURED PARTY'S or [ ] ASSIGNOR S/P'S NAME |
|
(Insert only one name [12a or 12b].) |
|
12a. Organization's name ........................................ |
|
or |
|
12b. Individual's last name ............. First name ............ |
|
Middle name ........................... Suffix .................. |
|
12c. Mailing address ............................................ |
|
City .......... State ....... Postal code ...... Country ........ |
|
13. This FINANCING STATEMENT covers [ ] timber to be cut or
|
|
[ ] as-extracted collateral, or is filed as a [ ] fixture filing. |
|
14. DESCRIPTION OF REAL ESTATE: |
|
................................................................. |
|
................................................................. |
|
................................................................. |
|
................................................................. |
|
15. Name and address of a RECORD OWNER of above-described real |
|
estate (if debtor does not have a record interest): |
|
................................................................. |
|
................................................................. |
|
................................................................. |
|
16. Additional collateral description: |
|
................................................................. |
|
................................................................. |
|
................................................................. |
|
................................................................. |
|
17. Check only if applicable and check only one box. |
|
Debtor is a [ ] Trust or [ ] Trustee acting with respect to |
|
property held in trust or [ ] Decedent's estate |
|
18. Check only if applicable and check only one box. |
|
[ ] |
Debtor is a transmitting utility |
|
[ ]
|
Filed in connection with a manufactured-home transaction -
|
|
|
effective 30 years |
|
[ ]
|
Filed in connection with a public-finance transaction - |
|
|
effective 30 years |
|
(B) A filing office that accepts written records may not
refuse
to accept a written record in the following form and format
except for a
reason prescribed
in division (B) of section 1309.516
of
the Revised Code:
UCC FINANCING STATEMENT AMENDMENTFollow instructions (front and back) carefully.
A. Name and phone of contact at filer (optional) |
................................................................ |
B. Send acknowledgment to: (name and address) |
.................................. |
.................................. |
.................................. |
The above space is for filing office use only. |
1a. INITIAL FINANCING STATEMENT FILE NUMBER .................... |
1b. [ ] This financing statement amendment is to be filed [for |
record] (or recorded) in the real estate records. |
2. [ ] TERMINATION: Effectiveness of the financing statement identified above is terminated with respect to security interest(s) of the secured party authorizing this termination statement. |
3. [ ] CONTINUATION: Effectiveness of the financing statement identified above with respect to security interest(s) of the secured party authorizing this continuation statement is continued for the additional period provided by applicable law. |
4. [ ] ASSIGNMENT (full or partial): Give name of assignee in item 7a or 7b and address of assignee in item 7c; and also give name of assignor in item 9. |
5. AMENDMENT (PARTY INFORMATION): This amendment affects [ ] Debtor |
or [ ] Secured Party of record. Check only one of these two boxes. |
Also check one of the following three boxes and provide appropriate information in items 6 and/or 7. |
[ ] |
CHANGE name and/or address. Give current record name in item 6a or 6b; also give new name (if name change) in item 7a or 7b and/or new address (if address change) in item 7c. |
[ ] |
DELETE name. Give record name to be deleted in item 6a or 6b. |
[ ]
|
ADD name. Complete item 7a or 7b, and also item 7c; also complete items 7d-7g (if applicable). |
6. CURRENT RECORD INFORMATION: |
6a. Organization's name ......................................... |
or |
6b. Individual's last name .................. First name ........ |
Middle name ................................. Suffix ............ |
7. CHANGED (NEW) OR ADDED INFORMATION: |
7a. Organization's name ......................................... |
or |
7b. Individual's last name .................. First name ........ |
Middle name ................................. Suffix ............ |
7c. Mailing address ............................................. |
City ........ State ....... Postal code ....... Country ......... |
7d. Tax ID Number: SSN or EIN ................................... |
Additional information regarding organization debtor |
7e7d. Type of organization ........................................ |
7f7e. Jurisdiction of organization ................................ |
8. AMENDMENT (COLLATERAL CHANGE). Check only one box. |
Describe collateral [ ] deleted or [ ] added, or give entire |
[ ] restated collateral description, or describe collateral |
[ ] assigned. |
................................................................. |
................................................................. |
................................................................. |
................................................................. |
9. NAME OF SECURED PARTY OF RECORD AUTHORIZING THIS AMENDMENT |
(name of assignor, if this is an assignment). If this is an |
amendment authorized by a debtor that adds collateral or adds |
the authorizing debtor, or if this is a termination authorized |
by a debtor, check here [ ] and enter name of debtor |
authorizing this amendment. |
9a. Organization's name ......................................... |
or |
9b. Individual's last name ................ First name .......... |
Middle name ............................... Suffix .............. |
10. OPTIONAL FILER REFERENCE DATA |
................................................................. |
UCC FINANCING STATEMENT AMENDMENT ADDENDUMFollow instructions (front and back) carefully.
11. INITIAL FINANCING STATEMENT FILE NUMBER (same as item 1a |
on amendment form) ............................................. |
12. NAME OF PARTY AUTHORIZING |
|
THIS AMENDMENT (same as item 9 |
|
on amendment form) |
|
12a. Organization's name
|
|
................................. |
|
or |
|
12b. Individual's last name |
|
................................. |
|
First name ...................... |
|
Middle name .......... Suffix ... |
The above space is for filing office use only. |
13. Use this space for additional information. |
................................................................... |
................................................................... |
................................................................... |
................................................................... |
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 one two hundred fifty 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. 1321.02. No person shall engage in the business of
lending money, credit, or choses in action in amounts of five
thousand dollars or less, or exact, contract for, or receive,
directly or indirectly, on or in connection with any such loan,
any interest and charges that in the aggregate are greater than
the interest and charges that the lender would be permitted to
charge for a loan of money if the lender were not a licensee,
without first having obtained a license from the division of financial
institutions under sections 1321.01 to 1321.19 of
the Revised Code.
Sections 1321.01 to 1321.19 of the Revised Code do not
apply to any person doing business under and as permitted by any
law of this state, another state, or the United States relating
to banks, savings banks, savings societies, trust companies,
credit unions, savings and loan associations substantially all
the business of which is confined to loans on real estate
mortgages and evidences of their own indebtedness; to
registrants
conducting business pursuant to sections 1321.51 to 1321.60 of
the Revised Code; to licensees conducting business
pursuant to
sections 1321.71 to 1321.83 of the Revised Code; or to licensees
doing business pursuant to sections 1315.35 to 1315.44 of the Revised Code; or to any entity who is licensed pursuant to Title XXXIX of the Revised Code, who makes advances or loans to any person who is licensed to sell insurance pursuant to that Title, and who is authorized in writing by that entity to sell insurance. No person
engaged in the business of selling tangible goods or services
related thereto may receive or retain a license under sections
1321.01 to 1321.19 of the Revised Code for such place of
business.
The first paragraph of this section applies to any person,
who by any device, subterfuge, or pretense, charges, contracts
for, or receives greater interest, consideration, or charges than
that authorized by this section for any such loan or use of money
or for any such loan, use, or sale of credit, or who for a fee or
any manner of compensation arranges or offers to find or arrange
for another person to make any such loan, use, or sale of credit.
This section does not preclude the acquiring, directly or
indirectly, by purchase or discount, of a bona fide obligation
for goods or services when such obligation is payable directly to
the person who provided the goods or services.
Any contract of loan in the making or collection of which
an act is done by the lender that violates this section is void
and the lender has no right to collect, receive, or retain any
principal, interest, or charges.
Sec. 1333.11. As used in sections 1333.11 to 1333.21 of
the
Revised Code:
(A) "Cost to the retailer" means the invoice cost of
cigarettes to the retailer, or the replacement cost of cigarettes
to the retailer within thirty days prior to the date of sale, in
the quantity last purchased, whichever is lower, less all trade
discounts except customary discounts for cash, to which shall be
added the cost of doing business by the retailer as evidenced by
the standards and the methods of accounting regularly employed by
the retailer in
the retailer's allocation
of overhead
costs and
expenses, paid or
incurred. "Cost to the retailer" must
include,
without
limitation, labor, including salaries of
executives and
officers,
rent, depreciation, selling costs,
maintenance of
equipment,
delivery costs, all types of licenses,
insurance,
advertising,
and taxes, exclusive of county cigarette
taxes paid
or payable on
the cigarettes. Where the sale to the
retailer is
on a cash and
carry basis, the cartage to the retail
outlet, if
performed or
paid for by the retailer, shall be added
to the
invoice cost of
the cigarettes to the retailer. In the
absence of
proof of a
lesser or higher cost by the retailer, the
cartage cost
shall be
three-fourths of one per cent of the invoice
cost of the
cigarettes to the retailer, not including the amount
added
thereto
by the wholesaler for the face value of state and
county
cigarette
tax stamps affixed to each package of cigarettes.
(B) In the absence of proof of a lesser or higher cost of
doing business by the retailer making the sale, the cost of doing
business to the retailer shall be
eight per cent of the
invoice
cost
of the cigarettes to the retailer exclusive of the
face
value
of
county cigarette taxes paid on the cigarettes or of
the
replacement cost of the cigarettes to the retailer within
thirty
days prior to the date of sale in the quantity last
purchased
exclusive of the face value of county cigarette taxes
paid on the
cigarettes, whichever is lower, less all trade
discounts except
customary discounts for cash.
(C) "Cost to the wholesaler" means the invoice cost of the
cigarettes to the wholesaler, or the replacement cost of the
cigarettes to the wholesaler within thirty days prior to the date
of sale, in the quantity last purchased, whichever is lower, less
all trade discounts except customary discounts for cash, to which
shall be added a wholesaler's markup to cover in part the cost of
doing business, which wholesaler's markup, in the absence of
proof
of a lesser or higher cost of doing business by the
wholesaler as
evidenced by the standards and methods of
accounting regularly
employed by
the wholesaler in
the wholesaler's allocation
of
overhead costs and expenses,
paid or incurred, including
without
limitation, labor, salaries of executives
and officers,
rent,
depreciation, selling costs, maintenance of equipment,
delivery,
delivery costs, all types of licenses, taxes, insurance,
and
advertising, shall be
three
and five-tenths per
cent of
such
invoice
cost of the
cigarettes to the wholesaler, to
which
shall
be added
the full
face value of state and county
cigarette
tax
stamps
affixed by
the wholesaler to each package of
cigarettes, or
of the
replacement cost of the cigarettes to the
wholesaler within
thirty
days prior to the date of sale in the
quantity last
purchased,
whichever is lower, less all trade
discounts except
customary
discounts for cash. Where the sale by
the wholesaler
to
the
retailer is on a cash and carry basis, the
wholesaler may,
in
the
absence of proof of a lesser or higher
cost, allow to the
retailer
an amount not to exceed three-fourths
of one per cent of
the "cost
to the wholesaler" excluding the
amount added thereto
for the face
value of state and county
cigarette tax stamps
affixed to each
package of cigarettes.
(D) Any person licensed to sell cigarettes as both a
wholesaler and a retailer, who does sell cigarettes at retail,
shall, in determining "cost to the retailer", first compute "cost
to the wholesaler" as provided in division (C) of this section;
that "cost to the wholesaler" shall then be used in lieu of
the
lower of either invoice cost or replacement cost less all
trade
discounts except customary discounts for cash in computing
"cost
to the retailer" as provided in divisions (A) and (B) of
this
section.
(E) In all advertisements, offers for sale, or sales
involving two or more items at a combined price and in all
advertisements, offers for sale, or sales involving the giving of
any concession of any kind, whether it be coupons or otherwise,
the retailer's or wholesaler's selling price shall not be below
the "cost to the retailer" or the "cost to wholesaler",
respectively, of all articles, products, commodities, and
concessions included in such transactions.
(F)(1) "Sell at retail," "sales at retail," and "retail
sales" include any transfer of title to tangible personal
property
for a valuable consideration made, in the ordinary
course of trade
or usual prosecution of the seller's business, to
the purchaser
for consumption or use.
(2) "Sell at wholesale," "sales at wholesale," and
"wholesale sales" include any such transfer of title to tangible
personal property for the purpose of resale.
(G) "Retailer" includes any person who is permitted to
sell
cigarettes at retail within this state under section 5743.15
of
the Revised Code.
(H) "Wholesaler" includes any person who is permitted to
sell cigarettes at wholesale within this state under
that
section.
(I) "Person" includes individuals, corporations,
partnerships, associations, joint-stock companies, business
trusts, unincorporated organizations, receivers, or trustees.
(J) "County cigarette taxes" means the taxes levied under
section 5743.021, 5743.024, or 5743.026 of the Revised Code.
Sec. 1333.82. As used in sections 1333.82 to 1333.87 of the
Revised Code:
(A)
"Alcoholic beverages" means beer and
wine as defined in
section 4301.01 of the Revised Code.
(B)
"Manufacturer" means a person, whether located in this
state or
elsewhere, who that manufactures or supplies alcoholic
beverages to distributors in
this state.
(C)
"Distributor" means a person who that sells or distributes
alcoholic beverages
to retail permit holders in the this state, but
does not include the state or any
of its political subdivisions.
(D)
"Franchise" means a contract or any other legal device
used to establish
a contractual relationship between a
manufacturer and a distributor.
(E)
"Good faith" means the duty of any party to any
franchise, and all
officers, employees, or agents of any party to
any
franchise, to act in a fair and equitable manner
toward each
other so as to guarantee each party freedom from coercion or
intimidation; except that recommendation, endorsement, exposition,
persuasion,
urging, or argument shall not be considered to
constitute
a lack of good faith or
coercion.
(F)
"Brand," as applied to wine, means a wine different from
any other wine
in respect to type, brand, trade name, or container
size.
(G)
"Sales area or territory" means an exclusive geographic
area
or territory that is assigned to a particular A or B permit
holder
and that either has one or more political subdivisions as
its
boundaries or consists of an area of land with readily
identifiable geographic boundaries.
"Sales area or territory"
does
not include, however, any particular retail location in an
exclusive geographic area or territory that is had been assigned to another
A or B permit holder before April 9, 2001.
Sec. 1523.02. If the governor approves the plans,
specifications, and estimates authorized by section 1523.01 of
the Revised Code, the chief of the division of water shall
thereupon proceed, as provided in sections 1523.02 to 1523.13 of
the Revised Code, to construct the improvements or to make
alterations in or to enlarge those already existing, in such
manner and form as is shown by such plans and specifications. In
order to provide the funds for such construction, alteration, or
enlargement, the chief shall issue and sell bonds of the state,
not in excess of the estimated cost of such improvements. The
bonds shall be issued in denominations of not less than one
hundred dollars payable as a whole or in series on or before
fifty years from the date thereof, with interest not to exceed
the rate provided in section 9.95 of the Revised Code, payable
either annually or semiannually.
The bonds shall show on their face the purpose for which
issued and shall create no liability upon or be considered an
indebtedness of the state, but both the principal and interest
shall be paid solely out of the proceeds arising from the
improvements constructed, altered, or enlarged by the chief, or
from the proceeds of the sale or foreclosure of the lien securing
the bonds on such improvement or such part thereof as is
constructed from the money realized from the sale of the bonds.
The form of the bonds shall be approved by the attorney
general, and they shall be signed by the governor and attested by
the director of natural resources and the chief. The bonds may
be issued as coupon bonds, payable to bearer only, or upon demand
of the owner or holder thereof as registered bonds.
Such bonds shall be sold by the chief to the highest bidder
therefor, but for not less than the par value thereof, with
accrued interest thereon, after thirty days' notice in at least
two newspapers of general circulation in the county where such
improvements are to be constructed, altered, or enlarged, setting
forth the nature, amount, rate of interest, and length of time
the bonds have to run, with the time and place of sale.
The treasurer of state shall be the treasurer of the fund
realized from the sale of such bonds, and the auditor of state
shall be the auditor of such fund. The proceeds of such sale
shall be turned over to the treasurer of state and shall be
deposited by him the treasurer of state in a solvent bank,
located either in Columbus or
in the county in which such improvements are located. Such
proceeds shall be kept by such bank in a fund to be known as the
water conservation improvement fund. Such fund shall be used to
acquire the necessary real estate and to construct such new
improvements and for no other purpose, except that the treasurer
of state may pay the interest on the bonds during the period of
condemnation and the construction, alteration, or enlargement of
such improvements out of the proceeds arising from the sale of
the bonds for a term not exceeding three years from the date on
which the bonds are issued. The bank shall give bond to the
state in such amount as the treasurer of state considers
advisable, and with surety to his the satisfaction of the
treasurer of state, for the benefit
of the holders of the bonds, and for the benefit of any
contractors performing labor or furnishing material for such
improvements, as provided by law, conditioned that it will safely
keep the money and will make no payments or disbursements
therefrom except as provided in sections 1523.01 to 1523.13 of
the Revised Code.
The treasurer of state shall hold such fund as trustee for
the holders of the bonds and for all persons performing labor or
furnishing material for the construction, alteration, or
enlargement of any improvement made under such sections. Such
funds shall not be turned into the state treasury, but shall be
deposited and disbursed by the treasurer of state as provided in
such sections. The interest coupons attached to such bonds shall
bear the signature of the treasurer of state, executed by him the
treasurer of state or
printed or lithographed thereon.
Both the interest and principal of such bonds shall be made
payable at the office of the treasurer of state in Columbus, and
shall be paid by the treasurer of state, without warrant of the
auditor of state or authority of the director of budget and
management, to the owner or holder of such bonds upon
presentation by the owner or holder of matured interest coupons
or bonds.
Sec. 1901.31. The clerk and deputy clerks of a municipal
court shall be selected, be compensated, give bond, and have
powers and duties as follows:
(A) There shall be a clerk of the court who is appointed
or
elected as follows:
(1)(a) Except in the Akron, Barberton, Cuyahoga
Falls,
Toledo,
Hamilton
county, Portage county,
and Wayne county municipal courts, if the
population of the
territory equals or exceeds one hundred
thousand at the regular
municipal election immediately preceding the
expiration of the
term of the present clerk, the clerk shall be
nominated and
elected by the qualified electors of the territory
in the manner
that is provided for the nomination and election of
judges in
section 1901.07 of the Revised Code.
The clerk so elected shall hold office for a term of six
years, which term shall commence on the first day of January
following the
clerk's election and continue until the clerk's
successor is elected
and qualified.
(b) In the Hamilton county municipal court, the clerk of
courts of Hamilton county shall be the clerk of the municipal
court and may appoint an assistant clerk who shall receive the
compensation, payable out of the treasury of Hamilton county in
semimonthly installments, that the board of county commissioners
prescribes. The clerk of courts of Hamilton county, acting as
the
clerk of the Hamilton county municipal court and assuming the
duties of that office, shall receive compensation at one-fourth
the rate that is prescribed for the clerks of courts of common
pleas as determined in accordance with the population of the
county and the rates set forth in sections 325.08 and 325.18 of
the Revised Code. This compensation shall be paid from the
county
treasury in semimonthly installments and is in addition to
the
annual compensation that is received for the performance of
the
duties of the clerk of courts of Hamilton county, as provided
in
sections 325.08 and 325.18 of the Revised Code.
(c) In the Portage county and Wayne county municipal
courts,
the clerks of courts of Portage county and Wayne county
shall be
the clerks, respectively, of the Portage county and
Wayne county
municipal courts and may appoint a chief deputy
clerk for each
branch that is established pursuant to section
1901.311 of the
Revised Code and assistant clerks as the judges
of the municipal
court determine are necessary, all of whom shall
receive the
compensation that the legislative authority
prescribes. The
clerks of courts of Portage county and Wayne
county, acting as the
clerks of the Portage county and Wayne
county municipal courts and
assuming the duties of these offices,
shall receive compensation
payable from the county treasury in semimonthly
installments at
one-fourth the rate that is prescribed for the clerks of
courts of
common pleas as determined in accordance with the population of
the
county and the rates set forth in sections 325.08 and 325.18
of the Revised
Code.
(d) Except as otherwise provided in division (A)(1)(d) of
this section, in the Akron municipal court, candidates for
election to the office of clerk of the court shall be nominated
by
primary election. The primary election shall be held on the
day
specified in the charter of the city of Akron for the
nomination
of municipal officers. Notwithstanding any contrary provision of section 3513.05 or
3513.257 of the
Revised Code, the declarations of candidacy and petitions of partisan candidates and the nominating petitions of
independent candidates for the office of clerk of the Akron municipal court
shall be signed by at least
fifty qualified electors
of the territory of the court.
The candidates shall file a declaration of candidacy and
petition, or a nominating petition, whichever is applicable, not
later than four p.m. of the seventy-fifth day before the day of
the primary election, in the form prescribed by section 3513.07
or
3513.261 of the Revised Code. The declaration of candidacy
and
petition, or the nominating petition, shall conform to the
applicable requirements of section 3513.05 or 3513.257 of the
Revised Code.
If no valid declaration of candidacy and petition is filed
by
any person for nomination as a candidate of a particular
political
party for election to the office of clerk of the Akron
municipal
court, a primary election shall not be held for the
purpose of
nominating a candidate of that party for election to
that office.
If only one person files a valid declaration of
candidacy and
petition for nomination as a candidate of a
particular political
party for election to that office, a primary
election shall not be
held for the purpose of nominating a
candidate of that party for
election to that office, and the
candidate shall be issued a
certificate of nomination in the
manner set forth in section
3513.02 of the Revised Code.
Declarations of candidacy and petitions, nominating
petitions, and certificates of nomination for the office of clerk
of the Akron municipal court shall contain a designation of the
term for which the candidate seeks election. At the following
regular municipal election, all candidates for the office shall
be
submitted to the qualified electors of the territory of the
court
in the manner that is provided in section 1901.07 of the
Revised
Code for the election of the judges of the court. The
clerk so
elected shall hold office for a term of six years, which
term
shall commence on the first day of January following the clerk's
election and continue until the clerk's successor is elected and
qualified.
(e) Except as otherwise provided in division
(A)(1)(e) of
this
section, in the Barberton municipal court, candidates for
election
to the office of clerk of the court shall be nominated by
primary
election. The primary election shall be held on the day
specified
in the charter of the city of Barberton for the
nomination of
municipal officers. Notwithstanding any contrary provision of section 3513.05 or
3513.257 of the
Revised Code, the declarations of candidacy and petitions of partisan candidates and the nominating petitions of
independent
candidates for the office of clerk of the Barberton municipal court shall be signed by at least
fifty qualified
electors of the territory of the court.
The candidates shall file a declaration of candidacy and
petition,
or a nominating petition, whichever is applicable, not
later than
four p.m. of the seventy-fifth day before the day of
the primary
election, in the form prescribed by section 3513.07 or
3513.261 of
the Revised Code. The declaration of candidacy and
petition,
or the nominating petition, shall conform to the
applicable requirements of
section 3513.05 or 3513.257 of the
Revised Code.
If no valid declaration of candidacy and petition is filed by
any
person for nomination as a candidate of a particular political
party for election to the office of clerk of the Barberton
municipal court, a primary election shall not be held for the
purpose of
nominating a candidate
of that party for election to
that office. If only one person files a valid
declaration of
candidacy and petition for nomination as a candidate of a
particular political party for election to that office, a primary
election shall not be held for the purpose of nominating a
candidate of that party for election to that office, and the
candidate shall be issued a certificate of nomination in the
manner set forth in section 3513.02 of the Revised Code.
Declarations of candidacy and petitions, nominating
petitions, and
certificates of nomination for the office of clerk
of the
Barberton municipal court shall contain a designation of
the term
for which the candidate seeks election. At the following
regular municipal
election, all
candidates for the office shall be
submitted to the qualified electors of the
territory of the
court
in the manner that is provided in section 1901.07 of the
Revised
Code for the election of the judges of the court.
The clerk so
elected shall hold office for a term of six years, which
term
shall commence on the first day of January following the
clerk's
election and continue until the clerk's successor is elected and
qualified.
(f) Except as otherwise provided in division
(A)(1)(f) of
this
section, in the Cuyahoga Falls municipal court, candidates
for
election to the office of clerk of the court shall be
nominated by primary
election. The primary election shall be held
on the day specified in the
charter of the city of Cuyahoga Falls
for the nomination of
municipal officers. Notwithstanding any contrary provision of section 3513.05 or
3513.257 of the
Revised Code, the declarations of candidacy and petitions of partisan candidates and the nominating petitions of
independent
candidates for the office of clerk of the Cuyahoga Falls municipal court shall be signed by at least
fifty qualified
electors of the territory of the court.
The candidates shall file a declaration of candidacy and
petition,
or a nominating petition, whichever is applicable, not
later than
four p.m. of the seventy-fifth day before the day of
the primary
election, in the form prescribed by section 3513.07 or
3513.261 of
the Revised Code. The declaration of candidacy and
petition, or
the nominating petition,
shall conform to the
applicable requirements of section
3513.05 or 3513.257 of the
Revised Code.
If no valid declaration of candidacy and petition is filed by
any
person for nomination as a candidate of a particular political
party for election to the office of clerk of the Cuyahoga
Falls
municipal court, a primary election shall not be held for the
purpose of nominating a candidate of that party for election to
that office. If only one person files a valid declaration of
candidacy and petition for nomination as a candidate of a
particular political party for election to that office, a primary
election shall not be held for the purpose of nominating a
candidate of that party for election to that office, and the
candidate shall be issued a certificate of nomination in the
manner set forth in section 3513.02 of the Revised Code.
Declarations of candidacy and petitions, nominating
petitions, and
certificates of nomination for the office of clerk
of the Cuyahoga
Falls municipal court shall contain a designation
of the term for
which the candidate seeks election. At the
following regular municipal
election, all candidates for the
office shall be submitted to the
qualified electors of the
territory of the court in the manner
that is provided in section
1901.07 of the Revised Code for
the
election of the judges of the
court. The clerk so elected shall hold office
for
a term of six
years, which term shall commence on the first day of
January
following the clerk's election and continue until the
clerk's
successor is elected and qualified.
(g) Except as otherwise provided in division
(A)(1)(g) of
this
section, in the Toledo municipal court, candidates for
election
to the office of clerk of the court shall be nominated by
primary
election. The primary election shall be held on the day
specified
in the charter of the city of Toledo for the nomination
of
municipal officers. Notwithstanding any contrary provision of section 3513.05 or 3513.257 of the
Revised Code, the declarations of candidacy and petitions of partisan candidates and the nominating petitions of independent
candidates for the office of clerk of the Toledo municipal court
shall be signed by at least fifty qualified
electors
of the territory of the court.
The candidates shall file a declaration of candidacy and
petition,
or a nominating petition, whichever is applicable, not
later than
four p.m. of the seventy-fifth day before the day of
the primary
election, in the form prescribed by section 3513.07 or
3513.261 of
the Revised Code. The declaration of candidacy and
petition,
or the nominating petition, shall conform to the
applicable requirements of
section 3513.05 or 3513.257 of the
Revised Code.
If no valid declaration of candidacy and petition is filed by
any
person for nomination as a candidate of a particular political
party for election to the office of clerk of the Toledo municipal
court, a primary election shall not be held for the purpose of
nominating a candidate
of that party for election to that office.
If only one person files a valid
declaration of
candidacy and
petition for nomination as a candidate of a
particular political
party for election to that office, a primary
election shall not be
held for the purpose of nominating a
candidate of that party for
election to that office, and the
candidate shall be issued a
certificate of nomination in the
manner set forth in section
3513.02 of the Revised Code.
Declarations of candidacy and petitions, nominating
petitions, and
certificates of nomination for the office of clerk
of the
Toledo municipal court shall contain a designation of the
term
for which the candidate seeks election. At the following
regular municipal
election, all
candidates for the office shall be
submitted to the qualified electors of the
territory of the
court
in the manner that is provided in section 1901.07 of the
Revised
Code for the election of the judges of the court.
The clerk so
elected shall hold office for a term of six years, which
term
shall commence on the first day of January following the
clerk's
election and continue until the clerk's successor is elected and
qualified.
(2)(a) Except for the Alliance, Auglaize county,
Brown
county, Columbiana
county, Lorain,
Massillon, and Youngstown
municipal courts, in a
municipal court
for which the population of
the territory is less
than one hundred thousand, the
clerk shall
be appointed by the court, and
the clerk shall hold
office until
the clerk's successor is
appointed and qualified.
(b) In the Alliance, Lorain, Massillon, and Youngstown
municipal courts, the clerk shall be elected for a term of office
as described in division (A)(1)(a) of this section.
(c) In the Auglaize county
and Brown county
municipal
courts, the
clerks of
courts of Auglaize
county
and Brown
county shall be the
clerks,
respectively, of the
Auglaize
county and Brown county municipal
courts and may appoint a
chief deputy clerk
for each branch that
is
established pursuant to
section 1901.311
of the Revised Code,
and
assistant clerks as the
judge of the
court determines are
necessary, all of whom shall
receive the
compensation that the
legislative authority
prescribes. The
clerks of courts of
Auglaize
county
and
Brown county, acting as the
clerks of the Auglaize county
and Brown
county
municipal
courts
and assuming the
duties of
these offices, shall
receive compensation
payable from
the county treasury in semimonthly
installments at
one-fourth the
rate that is prescribed for the clerks of
courts of
common pleas
as determined in accordance with the population of
the
county and
the rates set forth in sections 325.08 and 325.18
of the Revised
Code.
(d) In the Columbiana county municipal court, the clerk of
courts of
Columbiana county shall be the
clerk of the municipal
court, may appoint a chief deputy
clerk for each branch office
that is established pursuant to section
1901.311 of the Revised
Code, and may appoint any assistant clerks that
the judges of the
court determine are necessary. All of the chief deputy
clerks and
assistant clerks shall receive the compensation that the
legislative authority prescribes. The clerk of courts of
Columbiana county, acting as
the clerk of the Columbiana
county
municipal court and assuming the duties of that office,
shall
receive in either biweekly installments or semimonthly installments, as determined by the payroll administrator, compensation payable from the county treasury in
semimonthly installments at one-fourth the rate that is
prescribed
for the clerks of courts of common pleas as
determined in
accordance with the population of the county and
the rates set
forth in sections 325.08 and 325.18 of the
Revised Code.
(3) During the temporary absence of the clerk due to
illness, vacation, or other proper cause, the court may appoint a
temporary clerk, who shall be paid the same compensation,
have
the
same authority, and perform the same duties as the clerk.
(B) Except in the Hamilton county,
Portage county, and Wayne county municipal courts, if a vacancy
occurs in the office of the clerk of the Alliance, Lorain,
Massillon, or Youngstown municipal court or occurs in the office
of the clerk of a municipal court for which the population of the
territory equals or exceeds one hundred thousand because the
clerk
ceases to hold the office before the end of the clerk's term or
because a clerk-elect fails to take office, the vacancy shall be
filled, until a successor is elected and qualified, by a person
chosen by the residents of the territory of the court who are
members of the county central committee of the political party by
which the last occupant of that office or the clerk-elect was
nominated. Not less than five nor more than fifteen days after a
vacancy occurs, those members of that county central committee
shall meet to make an appointment to fill the vacancy. At least
four days before the date of the meeting, the chairperson or a
secretary of the county central committee shall notify each such
member of that county central committee by first class
mail of the
date, time, and place
of the meeting and its purpose. A majority
of all such members of
that county central committee constitutes a
quorum, and a
majority of the quorum is
required to make the
appointment. If the office so vacated was
occupied or was to be
occupied by a person not nominated at a
primary election, or if
the appointment was not made by the
committee members in
accordance with this division, the court
shall make an appointment
to fill the vacancy. A successor shall
be elected to fill the
office for the unexpired term at the first
municipal election that
is held more than one hundred twenty days
after the vacancy
occurred.
(C)(1) In a municipal court, other than the Auglaize county,
the Brown county,
the Columbiana county, and
the Lorain municipal
courts,
for which
the population of the
territory is
less than one
hundred thousand, the clerk of
the municipal
court
shall receive
the annual compensation that the
presiding
judge of the court
prescribes, if the revenue of the
court for the
preceding calendar
year, as
certified by the auditor
or chief
fiscal officer of the
municipal corporation
in which the
court is
located or, in the
case of a county-operated municipal
court, the
county auditor, is
equal to or greater than the
expenditures,
including any debt
charges, for the operation of the
court payable
under this
chapter
from the city treasury or, in the
case of a
county-operated
municipal
court, the county treasury for
that
calendar year, as
also certified by the
auditor or chief
fiscal
officer. If the
revenue of a municipal court, other
than
the
Auglaize county,
the
Brown county, the Columbiana county, and
the
Lorain municipal
courts, for which
the population of the
territory
is less than one
hundred thousand for
the preceding calendar year
as so
certified is
not equal to or
greater than those expenditures for
the
operation
of the court for
that calendar year as so certified,
the clerk of
a
municipal court
shall receive the annual
compensation that the
legislative
authority prescribes.
As used
in this division,
"revenue" means
the total of all costs and fees
that are collected
and paid to the
city
treasury or, in a
county-operated municipal
court, the county
treasury by the
clerk
of the municipal court
under division (F) of
this section and
all
interest received and
paid to the city
treasury or, in a
county-operated
municipal
court, the county
treasury in relation
to the costs and fees under
division (G) of
this section.
(2) In
a municipal court, other than the
Hamilton county, Portage
county, and Wayne
county
municipal courts, for which the population of the territory
is one
hundred thousand or more, and in the Lorain
municipal court, the
clerk of the municipal court
shall receive annual compensation in
a sum equal to eighty-five
per cent of the salary of a judge of
the court.
(3) The compensation
of a clerk described in division (C)(1)
or (2) of this
section is payable in semimonthly installments from
the same sources and
in the same manner as provided in section
1901.11 of the Revised
Code.
(D) Before entering upon the duties of the clerk's office,
the
clerk of a municipal court shall give bond of not less than
six
thousand dollars to be determined by the judges of the court,
conditioned upon the faithful performance of the clerk's duties.
(E) The clerk of a municipal court may do all of the
following: administer oaths, take affidavits, and issue
executions upon any judgment rendered in the court, including a
judgment for unpaid costs; issue, sign, and attach the seal of
the
court to all writs, process, subpoenas, and papers issuing
out of
the court; and approve all bonds, sureties, recognizances,
and
undertakings fixed by any judge of the court or by law. The clerk
may
refuse to accept for filing any pleading or paper submitted
for filing by a
person who has been found to be a vexatious
litigator under section 2323.52
of the Revised Code and who has
failed to obtain leave to proceed under that
section. The clerk
shall do all of the following: file and safely keep all
journals,
records, books, and papers belonging or appertaining to
the court;
record the proceedings of the court; perform all other
duties that
the judges of the court may prescribe; and keep a
book showing all
receipts and disbursements, which book shall be
open for public
inspection at all times.
The clerk shall prepare and maintain a general index, a
docket, and other records that the court, by rule, requires, all
of which shall be the public records of the court. In the
docket,
the clerk shall enter, at the time of the commencement of
an
action, the names of the parties in full, the names of the
counsel, and the nature of the proceedings. Under proper dates,
the clerk shall note the filing of the complaint, issuing of
summons or
other process, returns, and any subsequent pleadings.
The clerk
also shall enter all reports, verdicts, orders,
judgments, and
proceedings of the court, clearly specifying the
relief granted
or orders made in each action. The court may order
an extended
record of any of the above to be made and entered,
under the
proper action heading, upon the docket at the request of
any
party to the case, the expense of which record may be taxed as
costs in the case or may be required to be prepaid by the party
demanding the record, upon order of the court.
(F) The clerk of a municipal court shall receive, collect,
and issue receipts for all costs, fees, fines, bail, and other
moneys payable to the office or to any officer of the court. The
clerk
shall each month disburse to the proper persons or officers,
and
take receipts for, all costs, fees, fines, bail, and other
moneys
that the clerk collects. Subject to sections 3375.50 and
4511.193
of
the Revised Code and to any other section of the
Revised Code
that requires a specific manner of disbursement of
any moneys
received by a municipal court and except for the
Hamilton county,
Lawrence county, and Ottawa county municipal
courts, the clerk shall pay all
fines received for violation of
municipal ordinances into the
treasury of the municipal
corporation the ordinance of which was
violated and shall pay all
fines received for violation of
township resolutions adopted
pursuant to Chapter 504. of the
Revised Code into the treasury of
the township the resolution of
which was violated. Subject to
sections 1901.024 and 4511.193 of
the Revised Code, in the
Hamilton county, Lawrence county, and Ottawa county
municipal
courts, the clerk shall pay fifty per cent of the fines
received
for violation of municipal ordinances and fifty per cent
of the
fines received for violation of township resolutions
adopted
pursuant to Chapter 504. of the Revised Code into the
treasury of
the county. Subject to sections 3375.50, 3375.53,
4511.19, and
5503.04 of the Revised Code and to any other section
of the
Revised Code that requires a specific manner of
disbursement of
any moneys received by a municipal court, the
clerk shall pay all
fines collected for the violation of state
laws into the county
treasury. Except in a county-operated
municipal court, the clerk
shall pay all costs and fees the
disbursement of which is not
otherwise provided for in the
Revised
Code into the city treasury.
The clerk of a
county-operated
municipal court shall pay the costs
and fees the
disbursement of
which is not otherwise provided for
in the
Revised Code into the
county treasury. Moneys deposited as
security for costs shall be
retained pending the litigation. The
clerk shall keep a separate
account of all receipts and
disbursements in civil and criminal
cases, which shall be a
permanent public record of the office. On
the expiration of the
term of the clerk, the clerk shall deliver
the records to the
clerk's
successor. The clerk shall have other
powers and duties
as are prescribed by
rule or order of the court.
(G) All moneys paid into a municipal court shall be noted
on
the record of the case in which they are paid and shall be
deposited in a state or national bank, or a domestic savings and
loan association, as defined in section 1151.01 of the Revised
Code, that is selected by the clerk. Any interest received upon
the deposits shall be paid into the city treasury, except that, in
a county-operated municipal court, the interest shall be paid
into
the treasury of the county in which the court is located.
On the first Monday in January of each year, the clerk
shall
make a list of the titles of all cases in the court that
were
finally determined more than one year past in which there
remains
unclaimed in the possession of the clerk any funds, or
any part of
a deposit for security of costs not consumed by the
costs in the
case. The clerk shall give notice of the moneys to
the parties
who are entitled to the moneys or to their attorneys
of record.
All the moneys remaining unclaimed on the first day
of April of
each year shall be paid by the clerk to the city
treasurer, except
that, in a county-operated municipal court, the
moneys shall be
paid to the treasurer of the county in which the
court is located.
The treasurer shall pay any part of the
moneys at any time to the
person who has the right to the
moneys upon proper certification
of the clerk.
(H) Deputy clerks may be appointed by the clerk and shall
receive the compensation, payable in either biweekly installments or semimonthly installments, as determined by the payroll administrator, out
of the city treasury, that the clerk may prescribe, except that
the compensation of any deputy clerk of a county-operated
municipal court shall be paid out of the treasury of the county
in
which the court is located. Each deputy clerk shall take an
oath
of office before entering upon the duties of the deputy clerk's
office
and, when so qualified, may perform the duties appertaining
to the
office of the clerk. The clerk may require any of the
deputy
clerks to give bond of not less than three thousand
dollars,
conditioned for the faithful performance of the deputy
clerk's duties.
(I) For the purposes of this section, whenever the
population of the territory of a municipal court falls below one
hundred thousand but not below ninety thousand, and the
population
of the territory prior to the most recent regular
federal census
exceeded one hundred thousand, the legislative
authority of the
municipal corporation may declare, by
resolution, that the
territory shall be considered to have a
population of at least one
hundred thousand.
(J) The clerk or a deputy clerk shall be in attendance at
all sessions of the municipal court, although not necessarily in
the courtroom, and may administer oaths to witnesses and jurors
and receive verdicts.
Sec. 1901.311. A municipal court may establish one or more
branch offices and may appoint a special deputy clerk to
administer each branch office. Each special deputy clerk shall
take an oath of office before entering upon the duties of his
office, and, when so qualified, may perform any one or more of
the duties appertaining to the office of clerk, as the court
prescribes. Special deputy clerks appointed by the court
pursuant to this section shall receive such compensation payable
in either biweekly installments or semimonthly installments, as determined by the payroll administrator, out of the city treasury as the court
may prescribe, except that the compensation of any special deputy
clerk of a county-operated municipal court shall be payable out
of the treasury of the county in which the court is located. The
court may require any of the special deputy clerks to give bond
of not less than three thousand dollars, conditioned for the
faithful performance of his duties.
Sec. 1901.32. (A) The bailiffs and deputy bailiffs of a
municipal court shall be provided for, and their duties are, as
follows:
(1) Except for the Hamilton county municipal court, the
court shall appoint a bailiff who shall receive the annual
compensation that the court prescribes payable in either biweekly installments or semimonthly
installments, as determined by the payroll administrator, from the same sources and in the same manner as
provided in section 1901.11 of the Revised Code. The court may
provide that the chief of police of the municipal corporation or
a member of the police force be appointed by the court to be the
bailiff of the court. Before entering upon his the duties of
office, the
bailiff shall take an oath to faithfully perform the duties of
the office and shall give a bond of not less than three thousand
dollars, as the legislative authority prescribes, conditioned for
the faithful performance of his the duties as of
chief bailiff.
(2) Except for the Hamilton county municipal court, deputy
bailiffs may be appointed by the court. Deputy bailiffs shall
receive the compensation payable in semimonthly installments out
of the city treasury that the court prescribes, except that the
compensation of deputy bailiffs in a county-operated municipal
court shall be paid out of the treasury of the county in which
the court is located. Each deputy bailiff shall give a bond in
an amount not less than one thousand dollars, and, when so
qualified, he may perform the duties pertaining to the office of
chief
bailiff of the court.
(3) The bailiff and all deputy bailiffs of the Hamilton
county municipal court shall be appointed by the clerk and shall
receive the compensation payable in semimonthly installments out
of the treasury of Hamilton county that the clerk prescribes.
Each judge of the Hamilton county municipal court may appoint a
courtroom bailiff, each of whom shall receive the compensation
payable in semimonthly installments out of the treasury of
Hamilton county that the court prescribes.
(4) The legislative authority may purchase motor vehicles
for the use of the bailiffs and deputy bailiffs as the court
determines they need to perform the duties of their office. All
expenses, maintenance, and upkeep of the vehicles shall be paid
by the legislative authority upon approval by the court. Any
allowances, costs, and expenses for the operation of private
motor vehicles by bailiffs and deputy bailiffs for official
duties, including the cost of oil, gasoline, and maintenance,
shall be prescribed by the court and, subject to the approval of
the legislative authority, shall be paid from the city treasury,
except that the allowances, costs, and expenses for the bailiffs
and deputy bailiffs of a county-operated municipal court shall be
paid from the treasury of the county in which the court is
located.
(5) Every police officer of any municipal corporation and
police constable of a township within the territory of the court
is ex officio a deputy bailiff of the court in and for the
municipal corporation or township within in which he is
commissioned
as a police officer or police constable, and shall perform any
duties in respect to cases within his the officer or constable's
jurisdiction that are
required of him by a judge of the court, or by the clerk or a
bailiff or deputy bailiff of the court, without additional
compensation.
(6) The bailiff and deputy bailiffs shall perform for the
court services similar to those performed by the sheriff for the
court of common pleas and shall perform any other duties that are
requested by rule of court.
The bailiff or deputy bailiff may administer oaths to
witnesses and jurors and receive verdicts in the same manner and
form and to the same extent as the clerk or deputy clerks of the
court. The bailiff may approve all undertakings and bonds given
in actions of replevin and all redelivery bonds in attachments.
(B) In the Cleveland municipal court, the chief clerks and
all deputy clerks are in the classified civil service of the city
of Cleveland. The clerk, the chief deputy clerks, the probation
officers, one private secretary, one personal stenographer to the
clerk, and one personal bailiff to each judge are in the
unclassified civil service of the city of Cleveland. Upon demand
of the clerk, the civil service commission of the city of
Cleveland shall certify a list of those eligible for the position
of deputy clerk. From the list, the clerk shall designate chief
clerks and the number of deputy clerks that the legislative
authority determines are necessary.
Except as otherwise provided in this division, the bailiff,
chief deputy bailiffs, and all deputy bailiffs of the Cleveland
municipal court appointed after January 1, 1968, and the chief
housing specialist, housing specialists, and housing division
referees of the housing division of the Cleveland municipal court
appointed under section 1901.331 of the Revised Code are in the
unclassified civil service of the city of Cleveland. All deputy
bailiffs of the housing division of the Cleveland municipal court
appointed pursuant to that section are in the classified civil
service of the city of Cleveland. Upon the demand of the judge
of the housing division of the Cleveland municipal court, the
civil service commission of the city of Cleveland shall certify a
list of those eligible for the position of deputy bailiff of the
housing division. From the list, the judge of the housing
division shall designate the number of deputy bailiffs that he the
judge
determines are necessary.
The chief deputy clerks, the chief clerks, and all other
deputy clerks of the Cleveland municipal court shall receive the
compensation that the clerk prescribes. Except as provided in
division (A)(4)(a) of section 1901.331 of the Revised Code with
respect to officers and employees of the housing division of the
Cleveland municipal court, the bailiff, all deputy bailiffs, and
assignment room personnel of the Cleveland municipal court shall
receive the compensation that the court prescribes.
Any appointee under sections 1901.01 to 1901.37 of the
Revised Code may be dismissed or discharged by the same power
that appointed him the appointee. In the case of the removal of
any civil
service appointee under those sections, an appeal may be taken
from the decision of the civil service commission to the court of
common pleas of Cuyahoga county to determine the sufficiency of
the cause of removal. The appeal shall be taken within ten days
of the finding of the commission.
In the Cleveland municipal court, the presiding judge may
appoint on a full-time, per diem, or contractual basis any
official court reporters for the civil branch of the court that
the business of the court requires. The compensation of official
court reporters shall be determined by the presiding judge of the
court. The compensation shall be payable from the city treasury
and from the treasury of Cuyahoga county in the same proportion
as designated in section 1901.11 of the Revised Code for the
payment of compensation of municipal judges. In every trial in
which the services of a court reporter so appointed are requested
by the judge, any party, or the attorney for any party, there
shall be taxed for each day's services of the court reporter a
fee in the same amount as may be taxed for similar services in
the court of common pleas under section 2301.21 of the Revised
Code, to be collected as other costs in the case. The fees so
collected shall be paid quarterly by the clerk into the city
treasury and the treasury of Cuyahoga county in the same
proportion as the compensation for the court reporters is paid
from the city and county treasuries and shall be credited to the
general funds of the city and county treasuries.
(C) In the Hamilton county municipal court, all employees,
including the bailiff, deputy bailiff, and courtroom bailiffs,
are in the unclassified civil service.
Sec. 1901.33. (A) The judge or judges of a municipal court
may
appoint one or more interpreters, one or more mental
health
professionals, one
or more probation officers, an assignment
commissioner,
deputy assignment commissioners, and other court
aides
on a full-time, part-time, hourly, or other basis. Each
appointee shall
receive the compensation out of the city treasury
that the legislative
authority prescribes in either biweekly installments or semimonthly installments, as determined by the payroll administrator, except that in a
county-operated municipal
court they shall receive the
compensation out of the treasury of
the county in which the court
is located that the board of county
commissioners prescribes.
Probation officers have all the powers
of regular police officers
and shall perform any duties that are
designated by the judge or
judges of the court. Assignment
commissioners shall assign cases
for trial and perform any other
duties that the court directs.
The judge or judges may appoint one or more typists,
stenographers, statistical clerks, and official court reporters,
each of whom shall be paid the compensation out of the city
treasury that the legislative authority prescribes, except that in
a county-operated municipal court they shall be paid the
compensation out of the treasury of the county in which the court
is located that the board of county commissioners prescribes.
(B) If a municipal court appoints one or more probation
officers, those
officers shall constitute the municipal court
department of probation unless
the court designates other
employees as the department of probation for the
court.
(C) The chief probation officer may grant permission to a
probation officer
to carry firearms when required in the discharge
of the probation
officer's official
duties
if
the
probation officer
has
successfully
completed a basic firearm training
program that is
approved by
the
executive director of the Ohio peace officer
training
commission. A probation officer who has
been granted
permission to carry a firearm in the discharge of
the
probation
officer's
official duties annually shall successfully
complete a
firearms
requalification program in accordance with
section
109.801 of the Revised
Code.
(D) The judge or judges of a municipal court in which the
clerk
of the court is elected as provided in division
(A)(1)(a) or
(d) or
(A)(2)(b) of section 1901.31 of the Revised Code may
appoint an
administrative assistant. The administrative assistant
shall have charge of
personnel related matters of the court and
shall perform any other
administrative duties assigned by the
court. The administrative assistant
shall receive the
compensation out of the city treasury that the court
prescribes,
except that, in a county-operated municipal court, the
administrative assistant shall receive the compensation out of the
treasury of
the county in which the court is located that the
court prescribes.
Sec. 2151.357. (A)(1) In the manner prescribed by division (C)(1) or (2)
of section 3313.64 of the Revised Code, as applicable, the court, at the
time of
making any order that removes a child from the child's own
home or
that vests legal or permanent custody of the child in a person
other
than the child's parent
or a government agency, shall
determine the school
district that is to bear the cost of
educating the child. The
court shall make the
determination a
part of the order that provides for
the child's placement or
commitment. That school district shall bear the cost of educating the child unless and until the court modifies its order pursuant to division (A)(2) of this section.
(2) If, while the child is in the custody of a person other than the child's parent or a government agency, the department of education notifies the court that the place of residence of the child's parent has changed since the court issued its initial order, the court may modify its order to name a different school district to bear the cost of educating the child. The department may submit the notice to the court upon receipt, from the school district initially ordered to bear the cost of educating the child, of evidence acceptable to the department that the residence of the child's parent has changed since the court issued its initial order. In the notice to the court, the department shall recommend to the court whether a different district should be ordered to bear the cost of educating the child and, if so, which district should be so ordered. The department shall recommend to the court the district in which the child's parent currently resides or, if the parent's residence is not known, the district in which the parent's last known residence is located. If the department cannot determine any Ohio district in which the parent currently resides or has resided, the school district designated in the initial court order shall continue to bear the cost of educating the child.
The court may consider the content of a notice by the department of education under division (A)(2) of this section as conclusive evidence as to which school district should bear the cost of educating the child and may amend its order accordingly.
(B) Whenever a child is placed in a detention facility
established
under section 2152.41 of the Revised Code or a
juvenile facility
established under section 2151.65 of the Revised
Code, the child's school
district as determined by the court shall
pay the cost of educating the child
based on the per capita cost
of the educational facility within the detention
home or juvenile
facility.
(C) Whenever a child is placed by the court in a private
institution, school, or residential treatment center or
any other
private facility, the state shall pay to the court a subsidy to
help defray the expense of educating the child in an amount equal
to the product of the daily per capita educational cost of the
private
facility, as determined pursuant to this section, and the
number of days the child resides at the private facility, provided
that
the subsidy shall not exceed twenty-five
hundred dollars per
year per child. The daily per capita educational cost
of a
private facility shall be determined by dividing the actual
program cost
of the private facility or twenty-five hundred
dollars, whichever is less, by
three hundred sixty-five days or by
three hundred sixty-six days for years
that include February
twenty-ninth. The
state shall pay seventy-five per cent of the
total subsidy for each year
quarterly to the court. The state may
adjust the remaining twenty-five per
cent of the
total subsidy to
be paid to the court for each year to an amount that is less
than
twenty-five per cent of the total subsidy for that year based upon
the
availability of funds appropriated to the department of
education for the
purpose of subsidizing courts that place a child
in a private institution,
school, or residential treatment center
or any other private facility and
shall pay that adjusted amount
to the court at the end of the year.
Sec. 2152.44. (A)
As soon as practical after the
organization of the joint board of county
commissioners as
provided by section 2152.41 of the
Revised Code, the joint board
shall
appoint a board of not less than five trustees. The
board
shall hold office until the first annual meeting after the choice
of an
established site and buildings, or after the selection and
purchase of a
building site. At that time, the joint board of
county
commissioners shall
appoint a board of not less than five
trustees, one of whom shall hold office
for a term of one year,
one for a term of two years, one for
a term of
three years, half
of the remaining number for a term of four
years, and the
remainder for a term of five years. Annually thereafter,
the
joint board of
county commissioners shall appoint one or more
trustees, each of whom shall
hold office for a term of five
years, to succeed the trustee
or trustees
whose term of office
expires. A trustee may be
appointed to successive terms. Any
person appointed as a trustee shall
be recommended and approved
by the
juvenile court judge or judges of the county of which the
person resides.
At least one trustee shall reside in each county in the
district.
In districts composed of two counties, each county
shall be entitled to
not less than two trustees. In districts
composed of more than four
counties, the number of trustees shall
be sufficiently increased,
provided that there shall always be an
uneven number of trustees
on the board. The county in which a
district detention facility
is located shall have not less than
two trustees, who, in the
interim period between the regular
meetings of the trustees, shall
act as an executive committee in
the discharge of all business
pertaining to the facility.
The joint board of county commissioners may remove any
trustee for
good cause. The trustee appointed to fill any vacancy
shall hold the
office for the unexpired term of the predecessor
trustee.
(B) The
annual meeting of the board of trustees shall be
held
on the first Tuesday in May in each year.
A majority of the board
constitutes a quorum. Other board
meetings shall be
held at least quarterly. The juvenile court
judge of each county of the
district, or the judge's designee,
shall attend the
meetings. The members of the
board shall receive
no compensation for their services, except
their actual and
necessary expenses. The treasurer shall pay the member's
traveling expenses when properly certified.
(C) When the board of trustees does not choose an
established
institution in one of the counties of the district, it
may select a suitable
site for the erection of a district
detention
facility. The site must be easily accessible, conducive
to
health, economy in purchasing or in building, and the general
interest of the facility and its residents, and be as near as
practicable to the geographical center of the district.
In the interim between the selection and purchase of a site,
and the erection and occupancy of the district detention facility,
the joint
board
of county commissioners provided under section
2151.41 2152.41 of the Revised Code may delegate to the board of
trustees
any powers and duties
that, in its judgment, will be of general
interest or aid to the institution.
The joint board of
county
commissioners may appropriate a trustees' fund, to be expended by
the
trustees
for contracts, purchases, or other necessary expenses
of the facility. The trustees shall make a complete
settlement
with the joint board of county commissioners once each
six months,
or quarterly if required, and shall make to the board
of county
commissioners and to the juvenile court of each of the
counties a
full report of the condition of the facility and residents.
(D) The choice of an established site and buildings, or the
purchase of a site, stock, implements, and general farm equipment,
should
there be a farm, the erection of buildings, and the
completion and furnishing of the district detention facility for
occupancy, shall be in the hands of the joint board of county
commissioners organized under section 2152.41 of the Revised
Code.
The joint board of county commissioners may delegate all or a
portion of
these duties to the board of trustees, under any
restrictions that the joint board of county commissioners imposes.
When an established site and buildings are used for a
district
detention facility, the joint board of county
commissioners shall cause
the value of that site and those
buildings to be properly appraised.
This appraisal value, or in
case of the purchase of a site, the
purchase price and the cost of
all improvements thereto, shall be
paid by the counties comprising
the district, in proportion to the
taxable property of each
county, as shown by its tax duplicate.
(E) Once a district is established, the trustees shall
operate,
maintain, and manage the facility as provided in sections
2152.41 to
2152.43 of the Revised Code and, on and after the effective date of this amendment and notwithstanding any provision of the Revised Code to the contrary, may adopt bylaws regarding the daily operation, maintenance, and management of the facility. No bylaw adopted pursuant to this division may supersede any provision of the Revised Code.
Sec. 2305.2341. (A) The medical liability insurance reimbursement program is hereby established. Free clinics, including the clinics' staff and volunteer health care professionals and volunteer health care workers, may participate in the medical liability insurance reimbursement program established by this section. The coverage provided under the program shall be limited to claims that arise out of the diagnosis, treatment, and care of patients of free clinics, as defined in division (D)(1) of this section.
(B) A free clinic is eligible to receive reimbursement under the medical liability insurance reimbursement program for the premiums that the clinic pays for medical liability insurance coverage for the clinic, its staff, and volunteer health care professionals and health care workers. Free clinics shall register with the department of health by the thirty-first day of January of each year in order to participate in and to obtain reimbursement under the program. Free clinics shall provide all of the following to the department of health at the time of registration:
(1) A statement of the number of volunteer and paid health care professionals and health care workers providing health care services at the free clinic at that time;
(2) A statement of the number of health care services rendered by the free clinic during the previous fiscal year;
(3) A signed form acknowledging that the free clinic agrees to follow its medical liability insurer's risk management and loss prevention policies;
(4) A copy of the medical liability insurance policy purchased by the free clinic, or the policy's declaration page, and documentation of the premiums paid by the clinic.
(C) The department of health shall reimburse free clinics participating in the professional liability insurance reimbursement program for up to eighty per cent of the premiums that the free clinic pays for medical liability insurance coverage up to twenty thousand dollars. Appropriations to the department of health may be made from the general fund of the state for this purpose.
(D) As used in this section:
(1) "Free clinic" means a nonprofit organization exempt from federal income taxation under section 501(c)(3) of the "Internal Revenue Code of 1986," as amended, or a program component of a nonprofit organization, whose primary mission is to provide health care services for free or for a minimal administrative fee to individuals with limited resources. A free clinic facilitates the delivery of health care services through the use of volunteer health care professionals and voluntary care networks. For this purpose, a free clinic shall comply with all of the following:
(a) If a free clinic does request a minimal administrative fee, a free clinic shall not deny an individual access to its health care services based on an individual's ability to pay the fee.
(b) A free clinic shall not bill a patient for health care services rendered.
(c) Free clinics shall not perform operations, as defined by divisions (A)(9) and (F)(1)(b) of section 2305.234 of the Revised Code.
A clinic is not a free clinic if the clinic bills medicaid, medicare, or other third-party payers for health care services rendered at the clinic, and receives twenty-five per cent or more of the clinic's annual revenue from the third-party payments.
(2) "Health care professional" and "health care worker" have the same meanings as in section 2305.234 of the Revised Code.
Sec. 2503.20. When requested by the supreme court, the
reporter of the supreme court shall attend its sessions and
consultations and shall report and prepare its decisions for
publication under its direction. The reporter shall prepare for
publication and edit, tabulate, and index those opinions and
decisions of any court of appeals furnished him the reporter for
publication by any such court, and such opinions and decisions of any of the
inferior courts, as may be designated by him the reporter and
approved by the chief justice of the supreme court. No cases in any court of
appeals shall be reported for publication except those selected
by that court of appeals, or by a majority of the judges thereof.
The supreme court may appoint assistants necessary to carry
on the work of the reporter's office. The court shall fix the
compensation of each assistant, which compensation shall be paid
out of the state treasury upon the warrant of the auditor of
state director of budget and management.
Whenever a case is reported for publication, the syllabus
of such case shall be prepared by the judge delivering the
opinion, and approved by a majority of the members of the court.
Such report may be per curiam, or if an opinion is reported, such
opinion shall be written in as concise form as may be consistent
with a clear presentation of the law of the case. Opinions for
permanent publication in book form shall be furnished to the
reporter and to no other person. All such cases shall be
reported in accordance with this section before they are
recognized by and receive the official sanction of any court.
Sec. 2913.01. As used in this chapter, unless the context
requires
that a term be given a different meaning:
(A) "Deception" means knowingly deceiving another or
causing
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.
(B) "Defraud" means to knowingly obtain, by deception,
some
benefit for oneself or another, or to knowingly cause, by
deception, some detriment to another.
(C) "Deprive" means to do any of the following:
(1) Withhold property of another permanently, or for a
period that appropriates a substantial portion of its value or
use, or with purpose to restore it only upon payment of a reward
or other consideration;
(2) Dispose of property so as to make it unlikely that the
owner will recover it;
(3) Accept, use, or appropriate money, property, or
services, with purpose not to give proper consideration in return
for the money, property, or services, and without reasonable
justification or excuse for not giving proper consideration.
(D) "Owner" means, unless the context requires a different
meaning, any person, other than the actor, who is
the owner of,
who has possession or control of, or who has
any license
or
interest in property or services, even though the ownership,
possession, control, license, or interest is unlawful.
(E) "Services" include labor, personal services,
professional services, public utility services including wireless service as defined in division (F)(1) of section 4931.40 of the Revised Code, common carrier
services, and food, drink, transportation, entertainment, and
cable television services
and, for purposes of section 2913.04 of
the Revised Code, include cable services as defined in that
section.
(F) "Writing" means any computer software, document,
letter,
memorandum, note, paper, plate, data, film, or other
thing having
in or upon it any written, typewritten, or printed
matter, and any
token, stamp, seal, credit card,
badge, trademark, label, or other
symbol of value, right,
privilege, license, or identification.
(G) "Forge" means to fabricate or create, in whole or in
part and by any means, any spurious writing, or to make, execute,
alter, complete, reproduce, or otherwise purport to authenticate
any writing, when the writing in fact is not authenticated by
that
conduct.
(H) "Utter" means to issue, publish, transfer, use, put or
send into circulation, deliver, or display.
(I) "Coin machine" means any mechanical or electronic
device
designed to do both of the following:
(1) Receive a coin, bill, or token made for that purpose;
(2) In return for the insertion or deposit of a coin,
bill,
or token, automatically dispense property, provide a
service, or
grant a license.
(J) "Slug" means an object that, by virtue of its size,
shape, composition, or other quality, is capable of being
inserted
or deposited in a coin machine as an improper substitute
for a
genuine coin, bill, or token made for that purpose.
(K) "Theft offense" means any of the following:
(1) A violation of section 2911.01, 2911.02, 2911.11,
2911.12, 2911.13, 2911.31, 2911.32, 2913.02, 2913.03, 2913.04,
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31,
2913.32,
2913.33, 2913.34,
2913.40, 2913.42, 2913.43, 2913.44, 2913.45,
2913.47, former section
2913.47 or 2913.48, or section 2913.51,
2915.05,
or 2921.41 of the Revised Code;
(2) A violation of an existing or former municipal
ordinance
or law of this or any other state, or of the United
States,
substantially equivalent to any section listed in
division (K)(1)
of this section or a violation of section 2913.41, 2913.81,
or
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 of the United
States, involving robbery, burglary, breaking and entering,
theft,
embezzlement, wrongful conversion, forgery,
counterfeiting,
deceit, or fraud;
(4) A conspiracy or attempt to commit, or complicity in
committing, any offense under division (K)(1), (2), or (3) of this
section.
(L) "Computer services" includes, but is not limited to,
the
use of a computer system, computer network, computer program,
data
that is prepared for computer use, or data that is contained
within a computer system or computer network.
(M) "Computer" means an electronic device that performs
logical, arithmetic, and memory functions by the manipulation of
electronic or magnetic impulses. "Computer" includes, but is not
limited to, all input, output, processing, storage, computer
program, or communication facilities that are connected, or
related, in a computer system or network to an electronic
device
of that nature.
(N) "Computer system" means a computer and related
devices,
whether connected or unconnected, including, but not
limited to,
data input, output, and storage devices, data
communications
links, and computer programs and data that make
the system capable
of performing specified special purpose data
processing tasks.
(O) "Computer network" means a set of related and remotely
connected computers and communication facilities that includes
more than one computer system that has the capability to transmit
among the connected computers and communication facilities
through
the use of computer facilities.
(P) "Computer program" means an ordered set of data
representing coded instructions or statements that, when executed
by a computer, cause the computer to process data.
(Q) "Computer software" means computer programs,
procedures,
and other documentation associated with the operation
of a
computer system.
(R) "Data" means a representation of information,
knowledge,
facts, concepts, or instructions that are being or
have been
prepared in a formalized manner and that are intended
for use in a
computer, computer system, or computer
network. For
purposes
of
section 2913.47 of the Revised Code, "data" has the additional
meaning set forth in division (A) of that section.
(S) "Cable television service" means any services provided
by or through the facilities of any cable television system or
other similar closed circuit coaxial cable communications system,
or any microwave or similar transmission service used in
connection with any cable television system or other similar
closed circuit coaxial cable communications system.
(T) "Gain access" means to approach, instruct, communicate
with, store data in, retrieve data from, or otherwise make use of
any resources of a computer, computer system, or computer
network,
or any cable service or cable system both as defined in section
2913.04 of the Revised Code.
(U) "Credit card" includes, but is not limited to, a card,
code, device, or other means of access to a customer's account
for
the purpose of obtaining money, property, labor, or services
on
credit, or for initiating an electronic fund transfer at a
point-of-sale terminal, an automated teller machine, or a cash
dispensing machine. It also includes a county procurement card issued under section 301.29 of the Revised Code.
(V) "Electronic fund transfer" has the same meaning as in
92
Stat. 3728, 15 U.S.C.A. 1693a, as amended.
(W) "Rented property" means personal property in which the
right
of possession and use of the property is for a short and
possibly
indeterminate term in return for consideration; the
rentee generally controls
the duration of possession of the
property, within any applicable minimum or
maximum term; and the
amount of consideration generally is determined by the
duration of
possession of the property.
(X) "Telecommunication" means the origination,
emission,
dissemination, transmission, or reception of data, images,
signals,
sounds, or other intelligence or equivalence of
intelligence of
any nature over any communications system by any
method,
including, but not limited to, a fiber optic, electronic,
magnetic, optical, digital, or analog method.
(Y) "Telecommunications
device" means any instrument,
equipment, machine, or other
device that facilitates
telecommunication, including, but not
limited to, a computer,
computer network, computer chip, computer
circuit, scanner,
telephone, cellular telephone, pager, personal
communications
device, transponder, receiver, radio, modem, or
device that
enables the use of a modem.
(Z) "Telecommunications
service" means the providing,
allowing, facilitating, or
generating of any form of
telecommunication through the use of a
telecommunications device
over a telecommunications system.
(AA) "Counterfeit
telecommunications device" means a
telecommunications device that,
alone or with another
telecommunications device, has been altered,
constructed,
manufactured, or programmed to acquire, intercept, receive, or
otherwise facilitate the use of a telecommunications service or
information
service without the
authority or consent of the
provider of the telecommunications
service or information service.
"Counterfeit telecommunications device"
includes, but
is not
limited to, a clone telephone, clone microchip, tumbler
telephone,
or tumbler microchip; a wireless scanning device
capable of
acquiring, intercepting, receiving, or otherwise
facilitating the
use of telecommunications service or information service
without
immediate detection; or a device, equipment, hardware, or software
designed for, or capable of, altering or changing the electronic
serial number
in a wireless telephone.
(BB)(1) "Information
service" means, subject to division
(BB)(2) of this section, the
offering of a capability for
generating, acquiring, storing,
transforming, processing,
retrieving, utilizing, or making
available information via
telecommunications, including, but not
limited to, electronic
publishing.
(2) "Information service" does not include any use of a
capability of a type described in division
(BB)(1) of this section
for the
management, control, or operation of a telecommunications
system
or the management of a telecommunications service.
(CC) "Elderly person" means a person who is sixty-five
years
of age or older.
(DD) "Disabled adult" means a person who is eighteen years
of age
or older
and has some impairment of body or mind that makes
the person unable to work
at any substantially remunerative
employment that the person
otherwise would be able to perform and
that will, with reasonable
probability, continue for a period of
at least twelve months
without any present indication of recovery
from the impairment, or who is
eighteen years of age or older and
has been certified as permanently and
totally disabled by an
agency
of this state or the United States that has the function of
so classifying persons.
(EE) "Firearm" and "dangerous ordnance" have the same
meanings as
in section 2923.11 of the Revised Code.
(FF) "Motor vehicle" has the same meaning as in section
4501.01
of the Revised Code.
(GG) "Dangerous drug" has the same meaning as in section
4729.01
of the Revised Code.
(HH) "Drug abuse offense" has the same meaning as in section
2925.01 of the Revised Code.
(II)(1) "Computer hacking" means any of the following:
(a) Gaining access or attempting to gain access to all or part of a computer, computer system, or a computer network without express or implied authorization with the intent to defraud or with intent to commit a crime;
(b) Misusing computer or network services including, but not limited to, mail transfer programs, file transfer programs, proxy servers, and web servers by performing functions not authorized by the owner of the computer, computer system, or computer network or other person authorized to give consent. As used in this division, "misuse of computer and network services" includes, but is not limited to, the unauthorized use of any of the following:
(i) Mail transfer programs to send mail to persons other than the authorized users of that computer or computer network;
(ii) File transfer program proxy services or proxy servers to access other computers, computer systems, or computer networks;
(iii) Web servers to redirect users to other web pages or web servers.
(c)(i) Subject to division (II)(1)(c)(ii) of this section, using a group of computer programs commonly known as "port scanners" or "probes" to intentionally access any computer, computer system, or computer network without the permission of the owner of the computer, computer system, or computer network or other person authorized to give consent. The group of computer programs referred to in this division includes, but is not limited to, those computer programs that use a computer network to access a computer, computer system, or another computer network to determine any of the following: the presence or types of computers or computer systems on a network; the computer network's facilities and capabilities; the availability of computer or network services; the presence or versions of computer software including, but not limited to, operating systems, computer services, or computer contaminants; the presence of a known computer software deficiency that can be used to gain unauthorized access to a computer, computer system, or computer network; or any other information about a computer, computer system, or computer network not necessary for the normal and lawful operation of the computer initiating the access.
(ii) The group of computer programs referred to in division (II)(1)(c)(i) of this section does not include standard computer software used for the normal operation, administration, management, and test of a computer, computer system, or computer network including, but not limited to, domain name services, mail transfer services, and other operating system services, computer programs commonly called "ping," "tcpdump," and "traceroute" and other network monitoring and management computer software, and computer programs commonly known as "nslookup" and "whois" and other systems administration computer software.
(d) The intentional use of a computer, computer system, or a computer network in a manner that exceeds any right or permission granted by the owner of the computer, computer system, or computer network or other person authorized to give consent.
(2) "Computer hacking" does not include the introduction of a computer contaminant, as defined in section 2909.02 of the Revised Code, into a computer, computer system, computer program, or computer network.
(JJ) "Police dog or horse" and "service dog" have has the same meanings meaning as in section 2921.321 of the Revised Code.
(KK) "Anhydrous ammonia" is a compound formed by the combination of two gaseous elements, nitrogen and hydrogen, in the manner described in this division. Anhydrous ammonia is one part nitrogen to three parts hydrogen (NH3). Anhydrous ammonia by weight is fourteen parts nitrogen to three parts hydrogen, which is approximately eighty-two per cent nitrogen to eighteen per cent hydrogen.
(LL) "Assistance dog" has the same meaning as in section 955.011 of the Revised Code.
Sec. 2913.02. (A) No person, with purpose to deprive the
owner of property or services, shall knowingly obtain or exert
control over either the property or services in any of the
following ways:
(1) Without the consent of the owner or person authorized
to
give consent;
(2) Beyond the scope of the express or implied consent of
the owner or person authorized to give consent;
(B)(1) Whoever violates this section is guilty of theft.
(2) Except as otherwise
provided in this division or
division (B)(3), (4), (5), (6), (7), or (8) of
this section, a violation of
this section is petty theft, 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 or if the
property stolen is any of the
property listed in section 2913.71
of the Revised Code, a
violation of this section is theft, 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, a violation of this
section is grand
theft, a felony of the fourth degree. If the value of the
property or
services stolen is one hundred thousand dollars or
more and is less than five hundred thousand dollars, a
violation of this section is aggravated theft, a felony of
the
third degree.
If the value of the property or services is five hundred thousand dollars or more and is less than one million dollars, a violation of this section is aggravated theft, a felony of the second degree. If the value of the property or services
stolen is one million dollars or more, a violation of this section
is aggravated theft of one million dollars or more, a felony of
the first degree.
(3) Except as otherwise provided in division (B)(4),
(5),
(6), (7), or (8)
of this section, if the victim of the offense is an elderly
person or
disabled adult, a violation
of this section is theft
from an elderly person or disabled adult, and
division (B)(3) of
this section applies. Except as
otherwise provided in this
division, theft from an elderly person or disabled
adult is a
felony of the fifth degree. If the value of the property or
services stolen is five hundred dollars or more and is less than
five thousand dollars, theft from an elderly person or disabled
adult is a felony of the fourth degree. If the value of the
property or services stolen is five thousand dollars or more and
is less than twenty-five thousand dollars, theft from an elderly
person or disabled adult is a felony of the third degree. If the
value of the property or services stolen is twenty-five thousand
dollars or more and is less than one hundred thousand dollars,
theft from an elderly person or disabled adult is
a felony of the
second degree. If the value of the property or services stolen is one hundred thousand dollars or more, theft from an elderly person or disabled adult is a felony of the first degree.
(4) If the property stolen is a firearm or dangerous
ordnance,
a violation of
this section is grand theft, a felony of
the third degree, and there is a presumption in favor of the court imposing a prison term for the offense. The offender shall serve the prison term consecutively to any other prison term or mandatory prison term previously or subsequently imposed upon the offender.
(5) If the property stolen is a motor vehicle,
a violation
of this section
is grand theft of a motor vehicle, a felony of the
fourth degree.
(6) If the property stolen is any dangerous drug, a
violation of
this section is theft of drugs, a felony of the
fourth degree,
or, if the offender previously has been convicted
of a felony
drug abuse offense, a felony of the third degree.
(7) If the property stolen is a police dog or horse or a service an assistance dog and the offender knows or should know that the property stolen is a police dog or horse or service an assistance dog, a violation of this section is theft of a police dog or horse or service an assistance dog, a felony of the third degree.
(8) If the property stolen is anhydrous ammonia, a violation of this section is theft of anhydrous ammonia, a felony of the third degree.
(9) In addition to the penalties described in division
(B)(2) of this section, if the offender committed the violation by
causing a motor vehicle to leave the premises of an establishment
at which gasoline is offered for retail sale without the offender
making full payment for gasoline that was dispensed into the fuel
tank of the motor vehicle or into another container, the court
may do one of the following:
(a) Unless division (B)(9)(b) of this section applies,
suspend for not more than six months the offender's driver's license,
probationary driver's license, commercial driver's license,
temporary instruction permit, or nonresident operating privilege;
(b) If the offender's driver's license, probationary
driver's license, commercial driver's license, temporary
instruction permit, or nonresident operating privilege has
previously been suspended pursuant to division (B)(9)(a) of this
section, impose a class seven suspension of the offender's license, permit, or privilege from the range specified in division (A)(7) of section 4510.02 of the Revised Code, provided that the suspension shall be for at least six months.
(C) The sentencing court that suspends an offender's license,
permit, or nonresident operating privilege under division (B)(9)
of this section may grant the offender limited driving privileges during
the period of the suspension in accordance with Chapter 4510. of the Revised Code.
Sec. 2921.321. (A) No person shall knowingly cause, or
attempt to cause, physical harm to a police dog or horse in
either
of the following circumstances:
(1) The police dog or horse is assisting a law enforcement
officer in the performance of the officer's official duties
at the
time the
physical harm is caused or attempted.
(2) The police dog or horse is not assisting a law
enforcement officer in the performance of the officer's
official
duties at
the time the physical harm is caused or attempted, but
the
offender has actual knowledge that the dog or horse is a
police
dog or horse.
(B) No person shall recklessly do any of the following:
(1) Taunt, torment, or strike a police dog or horse;
(2) Throw an object or substance at a police dog or horse;
(3) Interfere with or obstruct a police dog or horse, or
interfere
with or obstruct a law enforcement officer who is being assisted by a
police dog
or horse, in a manner that does any of the following:
(a) Inhibits or restricts the law enforcement officer's
control of
the police dog or horse;
(b) Deprives the law enforcement officer of control of the
police
dog or horse;
(c) Releases the police dog or horse from its area of
control;
(d) Enters the area of control of the police dog or horse
without
the consent of the law enforcement officer, including
placing food or any
other object or substance into that area;
(e) Inhibits or restricts the ability of the police dog or horse to assist a law enforcement officer.
(4) Engage in any conduct that is likely to cause serious
physical injury or death to a police dog or horse;
(5) If the person is the owner, keeper, or harborer of a dog, fail to reasonably restrain the dog from taunting, tormenting, chasing, approaching in a menacing fashion or apparent attitude of attack, or attempting to bite or otherwise endanger a police dog or horse that at the time of the conduct is assisting a law enforcement officer in the performance of the officer's duties or that the person knows is a police dog or horse.
(C) No person shall knowingly cause, or attempt to cause,
physical harm to a service an assistance dog in either of the
following circumstances:
(1) The service dog is assisting or serving a blind,
deaf or hearing impaired, or mobility impaired person or person with a seizure disorder at the time the physical harm
is
caused or attempted.
(2) The service dog is not assisting or serving a
blind,
deaf or hearing impaired, or mobility impaired person or person with a seizure disorder at the time the physical
harm is
caused or attempted, but the offender has actual
knowledge that
the dog is a service an assistance dog.
(D) No person shall recklessly do any of the following:
(1) Taunt, torment, or strike a service an assistance dog;
(2) Throw an object or substance at a service an assistance dog;
(3) Interfere with or obstruct a service an assistance dog, or interfere with or obstruct a blind, deaf or hearing impaired, or mobility impaired person or person with a seizure disorder who is being assisted or served by a service an assistance dog, in a manner that does any of the following:
(a) Inhibits or restricts the assisted or served person's control of the service dog;
(b) Deprives the assisted or served person of control of the service dog;
(c) Releases the service dog from its area of control;
(d) Enters the area of control of the service dog without the consent of the assisted or served person, including placing food or any other object or substance into that area;
(e) Inhibits or restricts the ability of the service dog to assist the assisted or served person.
(4) Engage in any conduct that is likely to cause serious physical injury or death to a service an assistance dog;
(5) If the person is the owner, keeper, or harborer of a dog, fail to reasonably restrain the dog from taunting, tormenting, chasing, approaching in a menacing fashion or apparent attitude of attack, or attempting to bite or otherwise endanger a service an assistance dog that at the time of the conduct is assisting or serving a blind, deaf or hearing impaired, or mobility impaired person or person with a seizure disorder or that the person knows is a service an assistance dog.
(E)(1) Whoever violates division (A) of this section is
guilty of assaulting a police dog or horse. Except as otherwise
provided
in this division, assaulting a police dog or horse is a
misdemeanor of the
second degree. If the violation
results in the
death of the police dog or horse, assaulting a police dog
or horse is a
felony of the third degree. If the
violation results in serious
physical harm to the police dog or horse other
than its death,
assaulting a police dog or horse is a felony of
the fourth degree.
If the violation results in physical
harm to the police dog or
horse other than death or serious physical
harm, assaulting a
police dog or horse is a misdemeanor of the
first degree.
(2) Whoever violates division (B) of this section is guilty
of
harassing a police dog or horse. Except as otherwise provided
in this
division, harassing a police dog or horse is a
misdemeanor
of the second degree. If the violation results in the
death of
the police dog or horse, harassing a police dog or horse is a
felony of the third degree. If the violation results in serious
physical harm to the police dog or horse, but does not result in
its death,
harassing a police dog or horse, is a felony of the
fourth degree.
If the violation results in physical harm to the
police dog or
horse, but does not result in its death or in serious
physical harm to it,
harassing a police dog or horse is a
misdemeanor of the first degree.
(3) Whoever violates division (C) of this section
is guilty
of assaulting a service an assistance dog. Except as otherwise
provided in this division, assaulting a service an assistance dog
is a
misdemeanor of the second degree. If the
violation results
in the death of the service assistance dog, assaulting a
service an assistance dog
is a felony of the third
degree. If the violation results in
serious physical harm to the service assistance dog other
than its death, assaulting
a service an assistance dog is a
felony of the fourth degree. If
the violation results in
physical harm to the service assistance dog other than death
or serious physical
harm, assaulting a service an assistance dog
is a misdemeanor of
the first degree.
(4) Whoever violates division (D) of this section is guilty of harassing a service an assistance dog. Except as otherwise provided in this division, harassing a service an assistance dog is a misdemeanor of the second degree. If the violation results in the death of the service assistance dog, harassing a service an assistance dog is a felony of the third degree. If the violation results in serious physical harm to the service assistance dog, but does not result in its death, harassing a service an assistance dog is a felony of the fourth degree. If the violation results in physical harm to the service assistance dog, but does not result in its death or in serious physical harm to it, harassing a service an assistance dog is a misdemeanor of the first degree.
(5) In addition to any other sanction or penalty imposed for the offense under this section, Chapter 2929., or any other provision of the Revised Code, whoever violates division (A), (B), (C), or (D) of this section is responsible for the payment of all of the following:
(a) Any veterinary bill or bill for medication incurred as a result of the violation by the police department regarding a violation of division (A) or (B) of this section or by the blind, deaf or hearing impaired, or mobility impaired person or person with a seizure disorder assisted or served by the service assistance dog regarding a violation of division (C) or (D) of this section;
(b) The cost of any damaged equipment that results from the violation;
(c) If the violation did not result in the death of the police dog or horse or the service assistance dog that was the subject of the violation and if, as a result of that dog or horse being the subject of the violation, the dog or horse needs further training or retraining to be able to continue in the capacity of a police dog or horse or a service an assistance dog, the cost of any further training or retraining of that dog or horse by a law enforcement officer or by the blind, deaf or hearing impaired, or mobility impaired person or person with a seizure disorder assisted or served by the service assistance dog;
(d) If the violation resulted in the death of the police dog or horse or the service assistance dog that was the subject of the violation or resulted in serious physical harm to that dog or horse to the extent that the dog or horse needs to be replaced on either a temporary or a permanent basis, the cost of replacing that dog or horse and of any further training of a new police dog or horse or a new service assistance dog by a law enforcement officer or by the blind, deaf or hearing impaired, or mobility impaired person or person with a seizure disorder assisted or served by the service assistance dog, which replacement or training is required because of the death of or the serious physical harm to the dog or horse that was the subject of the violation.
(F) This section does not apply to a licensed veterinarian
whose conduct is
in accordance with Chapter 4741. of the Revised
Code.
(G) This section only applies to an offender who knows or should know at the time of the violation that the police dog or horse or service assistance dog that is the subject of a violation under this section is a police dog or horse or service an assistance dog.
(H) As used in this section:
(1)
"Physical harm" means any injury, illness, or other
physiological impairment, regardless of its gravity or duration.
(2)
"Police dog or horse" means a dog or horse that has
been
trained, and may be used, to assist law enforcement officers
in
the performance of their official duties.
(3)
"Serious physical harm" means any of the following:
(a) Any physical harm that carries a substantial risk of
death;
(b) Any physical harm that causes permanent maiming or that
involves some
temporary, substantial maiming;
(c) Any physical harm that causes acute pain of a duration
that results in
substantial suffering.
(4)
"Service Assistance dog," means a dog that serves as
a
guide or leader
for a blind person, serves as a listener for a
deaf
person, provides support or assistance for a mobility
impaired person, or serves as a seizure assistance, seizure response, or seizure alert dog for a person with any seizure disorder.
(5)
"Blind "blind," and
"mobility impaired person" have the same
meanings as in section 955.011 of the Revised Code.
Sec. 2923.46. (A) If property is seized pursuant to
section 2923.44 or 2923.45 of the Revised Code, it is considered 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
highway patrol federal 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 into the highway patrol justice contraband fund or the highway patrol treasury contraband fund, as applicable. The state highway patrol shall use and
account for that interest or other earnings in accordance with the applicable
federal law.
(c) Division (B) of this section and divisions
(D)(1) to (3) of section 2933.43 of the Revised Code do not apply to proceeds or
forfeited moneys received pursuant to federal law or to the interest or other
earnings that are derived from the investment of proceeds or forfeited moneys
received pursuant to federal law and that are described in division
(A)(4)(b) of this section.
(B) In addition to complying with any requirements imposed
by a court pursuant to section 2923.44 or 2923.45 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 that was used in a
violation of section 2923.42 of the Revised Code or in
an act of a juvenile that is a violation of section 2923.42 of the Revised Code shall be
given
to the law enforcement agency of the
municipal corporation or county in which the offense or act occurred if
that agency desires to have the vehicle, except that, if the
offense or act 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) 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.
(3) 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)(7) 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.
(4) 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)(7) of this section
or disposed of in another manner that the court that issued the
order of forfeiture considers proper under the circumstances.
(5) Obscene materials shall be destroyed.
(6) Beer, intoxicating liquor, and alcohol shall be
disposed of in accordance with division (D)(4) of section 2933.41
of the Revised Code.
(7) In the case of property not described in divisions
(B)(1) to (6) 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)(7) of this section or,
in the case of forfeited moneys, disposed of in accordance with division
(B)(7) 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)(7)(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 2923.44 of the Revised Code or division
(E) of section 2923.45 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)(7)(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)(7)(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 2923.44 to 2923.47 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)(7) of this section or following a sale by
application of division (B)(7)(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 2923.44 or 2923.45 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)(7) 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. 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 2923.44 of the Revised Code or an order of
civil forfeiture under section
2923.45 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 violation of section 2923.42 of the Revised Code or upon a juvenile who is
found by a juvenile court to be a delinquent child for an act
that is a violation of section 2923.42 of the Revised Code.
(E) Sections 2923.44 to 2923.47 of the Revised Code do not
prohibit a law enforcement officer from seeking the forfeiture of contraband
associated with a violation of section 2923.42 of the Revised Code pursuant to section
2933.43 of the Revised Code.
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 highway
patrol federal 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 into the highway patrol justice contraband fund or the highway patrol treasury contraband fund, as applicable. 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
federal equitable share account 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. 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
highway patrol state
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 highway patrol state 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 highway
patrol state
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
highway patrol state 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
highway patrol state 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
highway patrol state
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 highway
patrol state
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 highway patrol state 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
highway
patrol state 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)(i) If the state highway patrol receives from the United States department of justice 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 the proceeds into the highway patrol federal contraband,
forfeiture, and
other fund justice contraband fund, which is hereby created in the state treasury. All interest or other earnings derived from the
investment of the proceeds or forfeited moneys shall be credited to the fund. The state highway
patrol
shall use and account for that interest or other earnings
in accordance with
the applicable federal law.
(ii) If the state highway patrol receives from the United States department of the treasury 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 the proceeds into the highway patrol treasury contraband fund, which is hereby created in the state treasury. All interest or other earnings derived from the investment of the proceeds or forfeited moneys shall be credited to the fund. 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 the proceeds into the
department of
public safety investigative unit
federal equitable share account fund, which is hereby created in the state treasury. All interest
or other earnings derived
from the investment of the proceeds or
forfeited moneys shall be credited to the fund. 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. 3109.14. (A) As used in this section,
"birth record"
and
"certification of birth" have the meanings given in section
3705.01 of the Revised Code.
(B)(1) The director of health, a person authorized by the
director, a local commissioner of health, or a local registrar of
vital statistics shall charge and collect
a fee for each certified
copy of a
birth record, for each certification of birth, and for
each copy of a death record. Until October 1, 2001, the fee
shall be two dollars.
On
and after October 1, 2001, the The fee shall
be three dollars. The
fee is in addition to the fee imposed by
section 3705.24 or any
other section of the Revised Code. A local
commissioner of
health
or a local registrar of vital statistics
may retain an
amount of
each additional fee collected, not to
exceed
three per cent of the
amount of the additional fee, to be
used
for costs directly
related to the collection of the fee and
the
forwarding of the fee
to the treasurer of state. The additional fees collected, but not retained, under division (B)(1) of this section shall be forwarded to the treasurer of state not later than thirty days following the end of each quarter.
(2) Upon the filing for a divorce decree under section
3105.10
or a decree of dissolution under section 3105.65 of the
Revised
Code, a court of common pleas shall charge and collect a
fee. Until October 1, 2001, the fee shall be ten
dollars. On
and after October 1, 2001, the The fee shall be eleven
dollars. The
fee is in addition to any other court costs or fees.
The
county
clerk of courts may retain an amount of each additional
fee
collected, not to exceed three per cent of
the amount
of the
additional fee, to be used for costs directly related to
the
collection of the fee and the forwarding of the fee to the
treasurer of state. The additional fees collected, but not retained, under division (B)(2) of this section shall be forwarded to the treasurer of state not later than twenty days following the end of each month.
(C) The additional fees collected, but not retained, under
this
section during each month shall be forwarded not later than
the
tenth day of the immediately following month to the
treasurer
of
state, who shall deposit the fees forwarded under this section in the state treasury to the
credit of the children's trust fund, which is hereby created.
A
person or government entity that fails to forward the fees in a
timely manner, as determined by the treasurer of state, shall
forward to
the treasurer of state, in addition to the fees, a
penalty equal to ten per
cent
of the fees.
The treasurer of state shall invest the moneys in the fund,
and all earnings resulting from investment of the fund shall be
credited to the fund, except that actual administrative costs
incurred by the treasurer of state in administering the fund may
be deducted from the earnings resulting from investments. The
amount that may be deducted shall not exceed three per cent of
the
total amount of fees credited to the fund in each fiscal
year,
except that the children's trust fund board may approve an
amount
for actual administrative costs exceeding three per cent
but not
exceeding four per cent of such amount. The balance of
the
investment earnings shall be credited to the fund. Moneys
credited to the fund shall be used only for the purposes
described
in sections 3109.13 to 3109.18 of
the Revised Code.
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.
(d) The number of master teachers employed by each school district and each school building, once a definition of master teacher has been developed by the educator standards board pursuant to section 3319.61 of the Revised Code.
(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, the number of limited English proficient students in the district, 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.
(4) Any data required to be collected pursuant to federal law.
(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 or is employed by an entity with which the department contracts for the scoring of tests administered under section 3301.0711 or 3301.0712 of the Revised Code.
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, except as provided in section 3310.11 of the Revised Code, 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. 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)(d) of this section.
(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) 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 (C)(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. 3302.021. (A) Not earlier than July 1, 2005, and not later than July 1, 2007, the department of education shall implement a value-added progress dimension for school districts and buildings and shall incorporate the value-added progress dimension into the report cards and performance ratings issued for districts and buildings under section 3302.03 of the Revised Code.
The state board of education shall adopt rules, pursuant to Chapter 119. of the Revised Code, for the implementation of the value-added progress dimension. In adopting rules, the state board shall consult with the Ohio accountability task force established under division (D) of this section. The rules adopted under this division shall specify both of the following:
(1) A scale for describing the levels of academic progress in reading and mathematics relative to a standard year of academic growth in those subjects for each of grades three through eight;
(2) That the department shall maintain the confidentiality of individual student test scores and individual student reports in accordance with sections 3301.0711, 3301.0714, and 3319.321 of the Revised Code and federal law. The department may require school districts to use a unique identifier for each student for this purpose. Individual student test scores and individual student reports shall be made available only to a student's classroom teacher and other appropriate educational personnel and to the student's parent or guardian.
(B) The department shall use a system designed for collecting necessary data, calculating the value-added progress dimension, analyzing data, and generating reports, which system has been used previously by a non-profit organization led by the Ohio business community for at least one year in the operation of a pilot program in cooperation with school districts to collect and report student achievement data via electronic means and to provide information to the districts regarding the academic performance of individual students, grade levels, school buildings, and the districts as a whole.
(C) The department shall not pay more than two dollars per student for data analysis and reporting to implement the value-added progress dimension in the same manner and with the same services as under the pilot program described by division (B) of this section. However, nothing in this section shall preclude the department or any school district from entering into a contract for the provision of more services at a higher fee per student. Any data analysis conducted under this section by an entity under contract with the department shall be completed in accordance with timelines established by the superintendent of public instruction.
(D)(1) There is hereby established the Ohio accountability task force. The task force shall consist of the following thirteen members:
(a) The chairpersons and ranking minority members of the house of representatives and senate standing committees primarily responsible for education legislation, who shall be nonvoting members;
(b) One representative of the governor's office, appointed by the governor;
(c) The superintendent of public instruction, or the superintendent's designee;
(d) One representative of teacher employee organizations formed pursuant to Chapter 4117. of the Revised Code, appointed by the speaker of the house of representatives;
(e) One representative of school district boards of education, appointed by the president of the senate;
(f) One school district superintendent, appointed by the speaker of the house of representatives;
(g) One representative of business, appointed by the president of the senate;
(h) One representative of a non-profit organization led by the Ohio business community, appointed by the governor;
(i) One school building principal, appointed by the president of the senate;
(j) A member of the state board of education, appointed by the speaker of the house of representatives.
Initial appointed members of the task force shall serve until January 1, 2005. Thereafter, terms of office for appointed members shall be for two years, each term ending on the same day of the same month as did the term that it succeeds. Each appointed member shall hold office from the date of appointment until the end of the term for which the member was appointed. Members may be reappointed. Vacancies shall be filled in the same manner as the original appointment. 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.
The task force shall select from among its members a chairperson. The task force shall meet at least six times each calendar year and at other times upon the call of the chairperson to conduct its business. Members of the task force shall serve without compensation.
(2) The task force shall do all of the following:
(a) Examine the implementation of the value-added progress dimension by the department, including the system described in division (B) of this section, the reporting of performance data to school districts and buildings, and the provision of professional development on the interpretation of the data to classroom teachers and administrators;
(b) Periodically review any fees for data analysis and reporting paid by the department pursuant to division (C) of this section and determine if the fees are appropriate based upon the level of services provided;
(c) Periodically report to
the department and the state board on all issues related to the school district and building accountability system established under this chapter;
(d) Not later than seven years after its initial meeting, make recommendations to improve the school district and building accountability system established under this chapter. The task force shall adopt recommendations by a majority vote of its members. Copies of the recommendations shall be provided to the state board, the governor, the speaker of the house of representatives, and the president of the senate.
(e) Determine starting dates for the implementation of the value-added progress dimension and its incorporation into school district and building report cards and performance ratings.
Sec. 3307.32. All amounts due the state teachers
retirement system from the
state treasury pursuant to this chapter shall be promptly paid upon warrant of
the auditor of state director of budget and management pursuant to a voucher approved by the director of budget
and management.
Sec. 3309.68. All amounts due the school employees retirement system from the
state treasury pursuant to this chapter shall be promptly paid upon warrant of
the auditor of state director of budget and management pursuant to a voucher approved by the director of budget
and management.
Sec. 3310.03. (A) A student is an "eligible student" for purposes of the educational choice scholarship pilot program if the student satisfies both of the following conditions:
(a) Is enrolled in a school building that is operated by the student's resident district and that the department of education declared, in the most recent rating of school buildings published prior to the first day of July of the school year for which a scholarship is sought and in the two preceding school years, to be in a state of academic emergency or academic watch under section 3302.03 of the Revised Code;
(b) Is eligible to enroll in kindergarten in the school year for which a scholarship is sought and otherwise would be assigned under section 3319.01 of the Revised Code to a school building described in division (A)(1)(a) of this section;
(c) Is enrolled in a community school established under Chapter 3314. of the Revised Code but otherwise would be assigned under section 3319.01 of the Revised Code to a building described in division (A)(1)(a) of this section;
(d) Is eligible to enroll in kindergarten in the school year for which a scholarship is sought, or is enrolled in a community school established under Chapter 3314. of the Revised Code, and the student's resident district both:
(i) Has in force an intradistrict open enrollment policy under which no student in kindergarten or the community school student's grade level, respectively, is automatically assigned to a particular school building;
(ii) In the most recent rating of school districts published prior to the first day of July of the school year for which a scholarship is sought and in the preceding two school years, was declared to be in a state of academic emergency under section 3302.03 of the Revised Code.
(2) The student's resident district is not a school district in which the pilot project scholarship program is operating under sections 3313.974 to 3313.979 of the Revised Code.
(B) A student who receives a scholarship under the educational choice scholarship pilot program remains an eligible student and may continue to receive scholarships in subsequent school years until the student completes grade twelve, so long as all of the following apply:
(1) The student's resident district remains the same;
(2) The student takes each state test prescribed for the student's grade level under section 3301.0710 or 3301.0712 of the Revised Code while enrolled in a chartered nonpublic school;
(3) In each school year that the student is enrolled in a chartered nonpublic school, the student is absent from school for not more than twenty days that the school is open for instruction, not including absences due to illness or injury confirmed in writing by a physician.
(C) The superintendent shall cease awarding first-time scholarships with respect to a school building that, in the most recent ratings of school buildings published under section 3302.03 of the Revised Code prior to the first day of July of the school year, ceases to be in a state of academic emergency or academic watch. However, students who have received scholarships in the prior school year remain eligible students pursuant to division (B) of this section.
Sec. 3310.06.
It is the policy adopted by the general assembly that the educational choice scholarship pilot program shall be construed as one of several educational options available for students enrolled in academic emergency or academic watch school buildings. Students may be enrolled in the schools of the student's resident district, in a community school established under Chapter 3314. of the Revised Code, in the schools of another school district pursuant to an open enrollment policy adopted under section 3313.98 of the Revised Code, in a chartered nonpublic school with or without a scholarship under the educational choice scholarship pilot program, or in other schools as the law may provide.
Sec. 3310.08. (A) The amount paid for an eligible student under the educational choice
scholarship pilot program shall be
the lesser of
the
tuition of the chartered nonpublic school in which the
student is enrolled or the maximum amount prescribed in section 3310.09 of the Revised Code.
(B)(1) The department shall pay to the parent of each eligible student for whom a scholarship is awarded under the program, or to the student if at least eighteen years of age, periodic partial payments of the scholarship.
(2) The department shall
proportionately reduce or terminate the payments
for any student
who withdraws from a chartered nonpublic school prior to the end of the
school year.
(C)(1) The department shall deduct
from the payments made to each school
district under
Chapter 3317.
and, if necessary, sections 321.24 and 323.156 of
the
Revised
Code the amount of five thousand two hundred dollars for each eligible student awarded a scholarship under the educational choice scholarship pilot program who is entitled under section 3313.64 or 3313.65 of the Revised Code to attend school in the district. The amount deducted under this division funds scholarships for students under both the educational choice scholarship pilot program and the pilot project scholarship program under sections 3313.974 to 3313.979 of the Revised Code.
(2) If the department reduces or terminates payments to a parent or a student, as prescribed in division (B)(2) of this section, and the student re-enrolls enrolls in the schools of the student's resident district or in a community school, established under Chapter 3314. of the Revised Code, before the end of the school year, the department shall proportionally restore to the resident district the amount deducted for that student under division (C)(1) of this section.
(D) In the case of any school district from which a deduction is made under division (C) of this section, the department shall disclose on the district's SF-3 form, or any successor to that form used to calculate a district's state funding for operating expenses, a comparison of the following:
(1) The district's state base-cost payment, as calculated under division (A)(1) of section 3317.022 of the Revised Code prior to making the adjustments under divisions (A)(2) and (3) of that section, with the scholarship students included in the district's formula ADM;
(2) What the district's state base-cost payment would have been, as calculated under division (A)(1) of that section prior to making the adjustments under divisions (A)(2) and (3) of that section, if the scholarship students were not included in the district's formula ADM.
This comparison shall display both the aggregate difference between the amounts described in divisions (D)(1) and (2) of this section, and the quotient of that aggregate difference divided by the number of eligible students for whom deductions are made under division (C) of this section.
Sec. 3310.11. (A) Only for the purpose of administering the educational choice scholarship pilot program, the department of education may request from any of the following entities the data verification code assigned under division (D)(2) of section 3301.0714 of the Revised Code to any student who is seeking a scholarship under the program:
(1) The student's resident district;
(2) If applicable, the community school in which that student is enrolled;
(3) The independent contractor engaged to create and maintain student data verification codes.
(B) Upon a request by the department under division (A) of this section for the data verification code of a student seeking a scholarship or a request by the student's parent for that code, the school district or community school shall submit that code to the department or parent in the manner specified by the department. If the student has not been assigned a code, because the student will be entering kindergarten during the school year for which the scholarship is sought, the district shall assign a code to that student and submit the code to the department or parent by a date specified by the department. If the district does not assign a code to the student by the specified date, the department shall assign a code to that student.
The department annually shall submit to each school district the name and data verification code of each student residing in the district who is entering kindergarten, who has been awarded a scholarship under the program, and for whom the department has assigned a code under this division.
(C) For the purpose of administering the applicable tests prescribed under sections 3301.0710 and 3301.0712 of the Revised Code, as required by section 3310.14 of the Revised Code, the department shall provide to each chartered nonpublic school that enrolls a scholarship student the data verification code for that student.
(D) The department and each chartered nonpublic school that receives a data verification code under this section shall not release that code to any person except as provided by law.
Any document relative to this program that the department holds in its files that contains both a student's name or other personally identifiable information and the student's data verification code shall not be a public record under section 149.43 of the Revised Code.
Sec. 3310.12. Except as provided in division (D) of section 3310.11 of the Revised Code, documents relative to the educational choice scholarship pilot program that the department holds in its files are public records under section 149.43 of the Revised Code and may be released pursuant to that section subject to the provisions of section 3319.321 of the Revised Code and the "Family Educational Rights and Privacy Act of 1974," 88 Stat. 571, 20 U.S.C. 1232g, as amended.
Sec. 3310.16. (A) The state board of education shall adopt rules in accordance with Chapter 119. of the Revised Code prescribing procedures for the administration of the educational choice scholarship pilot program.
(B) The state board and the department of education shall not require chartered nonpublic schools to comply with any education laws or rules or other requirements that are not specified in sections 3310.01 to 3310.17 of the Revised Code or in rules necessary for the administration of the program, adopted under division (A) of this section, and that otherwise would not apply to a chartered nonpublic school.
Sec. 3311.057. (A) Any educational
service center that is
formed by merging two or more
educational service centers or
former county school districts
after July 1, 1995, but prior to
July 1,
2003, may determine the
number of members of its
governing
board
and whether the
members are to be
elected at
large or by
subdistrict, provided
each board shall have
an odd
number of
members.
(B) If an educational
service center described in division
(A) of this section is formed on or
after
the effective date of
this section, the The
governing board
of each service
center that
is
merging to form the new service
center shall
include identical
provisions for electing the new
service center's
governing board
in its
resolution adopted pursuant to
division (A)
of section
3311.053 of
the Revised Code. If there is any
transition period
between the
effective date of the merger of
the
service centers
and the
assumption of control of the new
service
center by the new
board,
the resolutions shall include
provisions
for an interim
governing
board which shall be
appointed to govern
the service
center until
the time the
new board is elected and
assumes control
of the
service center.
(C) If an educational
service center described in division
(A) of this section was formed
prior to
the effective date of this
section, the governing board
of the service center may adopt at
any time prior to
July 1,
2003, a resolution
setting forth
provisions for changing the number of members
and the manner of
electing its board and provisions for any
transitional period
between the abolition of the existing board
and the assumption of
control by the new board.
(D) Any provisions for
electing a governing board adopted
pursuant to division
(B) or
(C) of this section may provide
for
the election of members at large, may provide for the
establishment of
subdistricts within the district, or
may require
some members to be elected at large and some to be
elected from
subdistricts. If subdistricts are included, the
resolutions shall
specify the manner in which their boundaries
are to be drawn. The
provisions shall attempt to ensure that each elected member of the
board
represents an equal number of residents of the service
center.
To accomplish this, any subdistrict containing a multiple
of the
number of electors in another subdistrict, may elect
at-large
within that subdistrict, a number of board members equal
to the multiple that its population is of the population of the
other subdistrict.
(E)(D) The provisions for
selecting board members set forth in
the latest
resolution adopted pursuant to division
(B) or
(C) of
this section prior to
July 1,
2003, shall remain the
method
of
electing
board members within that educational
service
center.
Sec. 3313.29. The treasurer of each board of education
shall keep an account of all school funds of the district. The
treasurer shall receive all vouchers for payments and
disbursements made to and by the board and preserve such vouchers
for a period of ten years unless copied or reproduced according
to the procedure prescribed in section 9.01 of the Revised Code.
Thereafter, such vouchers may be destroyed by the treasurer upon
applying to and obtaining an order from the school district
records commission in the manner prescribed by section 149.41 of
the Revised Code, except that it shall not be necessary to copy
or reproduce such vouchers before their destruction. The
treasurer shall render a statement to the board and to the
superintendent of the school district, monthly, or more often if
required, showing the revenues and receipts from whatever sources
derived, the various appropriations made by the board, the
expenditures and disbursements therefrom, the purposes thereof,
the balances remaining in each appropriation, and the assets and
liabilities of the school district. At the end of the fiscal
year such statement shall be a complete exhibit of the financial
affairs of the school district which may be published and
distributed with the approval of the board. All monthly and
yearly statements as required in this section shall be available
for examination by the public.
On request of the principal or other chief administrator of
any nonpublic school located within the school district's
territory, the treasurer shall provide such principal or
administrator with an account of the moneys received by the
district under division (L)(I) of section 3317.024 of the
Revised
Code as reported to the district's board in the treasurer's most
recent monthly statement.
Sec. 3313.372. (A) As used in this section, "energy
conservation measure" means an installation or modification of an
installation in, or remodeling of, a building, to reduce energy
consumption. It includes:
(1) Insulation of the building structure and systems
within the building;
(2) Storm windows and doors, multiglazed windows and
doors, heat absorbing or heat reflective glazed and coated window
and door systems, additional glazing, reductions in glass area,
and other window and door system modifications that reduce energy
consumption;
(3) Automatic energy control systems;
(4) Heating, ventilating, or air conditioning system
modifications or replacements;
(5) Caulking and weatherstripping;
(6) Replacement or modification of lighting fixtures to
increase the energy efficiency of the system without increasing
the overall illumination of a facility, unless such increase in
illumination is necessary to conform to the applicable state or
local building code for the proposed lighting system;
(7) Energy recovery systems;
(8) Cogeneration systems that produce steam or forms of
energy such as heat, as well as electricity, for use primarily
within a building or complex of buildings;
(9) Any other modification, installation, or remodeling
approved by the Ohio school facilities commission as an energy conservation
measure.
(B) A board of education of a city, exempted village,
local, or joint vocational school district may enter into an
installment payment contract for the purchase and installation of
energy conservation measures. The provisions of such installment
payment contracts dealing with interest charges and financing
terms shall not be subject to the competitive bidding
requirements of section 3313.46 of the Revised Code, and shall be
on the following terms:
(1) Not less than one-fifteenth of the costs thereof shall be
paid within two years from the date of purchase.
(2) The remaining balance of the costs thereof shall be
paid within fifteen years from the date of purchase.
An installment payment contract entered into by a
board of education under this section shall require the board to
contract in accordance with division (A) of section 3313.46 of the Revised
Code
for the installation, modification, or remodeling of energy
conservation measures unless division (A) of section 3313.46 of the Revised
Code does not apply pursuant to division (B)(3) of that section.
(C) The board may issue the notes of the school district
signed by the president and the treasurer of the board and
specifying the terms of the purchase and securing the deferred
payments provided in this section, payable at the times provided
and bearing interest at a rate not exceeding the rate determined
as provided in section 9.95 of the Revised Code. The notes may
contain an option for prepayment and shall not be subject to
Chapter 133. of the Revised Code. In the resolution authorizing the notes,
the board may provide, without the vote of the electors of the district, for
annually levying and collecting taxes in amounts sufficient to pay the
interest on and retire the notes, except that the total net indebtedness
of the district without a vote of the electors incurred under this and
all other sections of the Revised Code, except section 3318.052 of the Revised Code, shall not exceed one per cent of the
district's tax valuation. Revenues derived from local
taxes or otherwise, for the purpose of conserving energy or for
defraying the current operating expenses of the district, may be
applied to the payment of interest and the retirement of such
notes. The notes may be sold at private sale or given to the
contractor under the installment payment contract authorized by
division (B) of this section.
(D) Debt incurred under this section shall not be included
in the calculation of the net indebtedness of a school district
under section 133.06 of the Revised Code.
(E) No school district board shall enter into an installment
payment contract under division (B) of this section unless it first
obtains a report of the costs of the energy conservation measures and the
savings thereof as described under division (G) of section 133.06
of the Revised Code as a requirement for issuing energy securities, makes a
finding that the
amount spent on such measures is not likely to exceed the amount of money it
would save in energy costs and resultant operational and maintenance costs as
described in that division, except that that finding shall cover the ensuing
fifteen years, and the Ohio school facilities commission determines that
the district board's findings are reasonable and approves the contract as
described in that division.
The district board shall monitor the savings and maintain a report of those
savings, which shall be available to the commission in the same manner as
required by division (G) of section 133.06 of the Revised Code in the case of
energy securities.
Sec. 3313.61. (A) A diploma shall be granted by the board
of education of any city, exempted village, or local school
district that operates a high school to any person to whom all of
the following apply:
(1) The person 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, provided that no school district shall require a student to remain in school for any specific number of semesters or other terms if the student completes the required curriculum early;
(2)
Subject to section 3313.614 of the Revised Code, the
person
either:
(a) Has attained at least the applicable scores
designated
under division (B) of section 3301.0710 of the Revised
Code on all
the tests required by that division unless the person
was excused
from taking any such test pursuant to
section 3313.532 of the
Revised Code or
unless
division (H)
or (L) of this section applies
to the person;
(b) Has satisfied the alternative conditions prescribed in
section 3313.615 of the Revised Code.
(3) The person is not eligible to receive an honors
diploma
granted pursuant to division (B) of this section.
Except as provided in divisions (C), (E),
(J), and (L) of
this
section, no diploma shall be granted under this
division to
anyone
except as provided under this division.
(B) In lieu of a diploma granted under division (A) of
this
section, an honors diploma shall be granted, in accordance
with
rules of the state board of education, by any such district
board
to anyone who successfully completes 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, who has attained
subject to section 3313.614 of the
Revised Code at least the applicable scores
designated under
division (B) of section 3301.0710 of the Revised
Code on all the
tests required by that division, or has satisfied the alternative
conditions prescribed in section 3313.615 of the Revised Code, and
who has met
additional
criteria established by the state board for
the
granting of such a
diploma. Except as provided in divisions
(C),
(E), and (J) of
this section, no honors
diploma shall be
granted
to anyone failing
to comply with this division and no more
than
one honors diploma
shall be granted to any student under this
division.
The state board shall adopt rules prescribing the granting
of
honors diplomas under this division. These rules may
prescribe
the granting of honors diplomas that recognize a
student's
achievement as a whole or that recognize a student's
achievement
in one or more specific subjects or both. In any
case, the rules
shall designate two or more criteria for the
granting of each type
of honors diploma the board establishes
under this division and
the number of such criteria that must be
met for the granting of
that type of diploma. The number of such
criteria for any type of
honors diploma shall be at least one
less than the total number of
criteria designated for that type
and no one or more particular
criteria shall be required of all
persons who are to be granted
that type of diploma.
(C) Any such district board administering any of the tests
required by section 3301.0710
or 3301.0712 of the Revised Code to
any person
requesting to take such test pursuant to division
(B)(8)(b)
of
section 3301.0711 of the Revised Code shall award
a
diploma to
such person if the person attains at least the
applicable
scores
designated under division (B) of section
3301.0710 of the Revised
Code on all the tests administered and if
the person has
previously
attained the applicable scores on all
the other tests
required by
division (B) of that section or has
been exempted or
excused from attaining the applicable score on
any such test pursuant to division
(H)
or (L) of this
section
or from taking any such test pursuant to section
3313.532 of the
Revised
Code.
(D) Each diploma awarded under this section shall be
signed
by the president and treasurer of the issuing board, the
superintendent of schools, and the principal of the high school.
Each diploma shall bear the date of its issue, be in such form as
the district board prescribes, and be paid for out of the
district's general fund.
(E) A person who is a resident of Ohio and is eligible
under
state board of education minimum standards to receive a
high
school diploma based in whole or in part on credits earned
while
an inmate of a correctional institution operated by the
state or
any political subdivision thereof, shall be granted such
diploma
by the correctional institution operating the programs in
which
such credits were earned, and by the board of education of
the
school district in which the inmate resided immediately prior
to
the inmate's placement in the institution. The diploma
granted by
the
correctional institution shall be signed by the director of
the
institution, and by the person serving as principal of the
institution's high school and shall bear the date of issue.
(F) Persons who are not residents of Ohio but who are
inmates of correctional institutions operated by the state or any
political subdivision thereof, and who are eligible under state
board of education minimum standards to receive a high school
diploma based in whole or in part on credits earned while an
inmate of the correctional institution, shall be granted a
diploma
by the correctional institution offering the program in
which the
credits were earned. The diploma granted by the
correctional
institution shall be signed by the director of the
institution and
by the person serving as principal of the
institution's high
school and shall bear the date of issue.
(G) The state board of education shall provide by rule for
the administration of the tests required by section 3301.0710 of
the Revised Code to inmates of correctional institutions.
(H) Any person to whom all of the following apply shall be
exempted from attaining the applicable score on the test in
social
studies designated under division (B) of section 3301.0710 of the
Revised Code or the test in
citizenship designated under
former
division (B) of section 3301.0710 of
the Revised Code
as it
existed prior to
September 11, 2001:
(1) The person is not a citizen of the United States;
(2) The person is not a permanent resident of the United
States;
(3) The person indicates no intention to
reside in the
United States after the completion of high school.
(I) Notwithstanding division (D) of section 3311.19 and
division (D) of section 3311.52 of the Revised Code, this section
and section 3311.611 of the Revised Code do not apply to the
board
of education of any joint vocational school district or any
cooperative education school district established pursuant to
divisions (A) to (C) of section 3311.52 of the Revised Code.
(J) Upon receipt of a notice under division (D) of
section
3325.08 of the Revised Code
that a student has received a diploma
under that section, the board of
education receiving the notice
may grant a high school diploma under this
section to the student,
except that such board shall grant the student a
diploma if the
student meets the graduation requirements that the student
would
otherwise have had to meet to receive a diploma from the district.
The
diploma granted under this section shall be of
the same type
the notice indicates the student received under section 3325.08
of
the Revised Code.
(K) As used in this division, "limited English proficient student"
has
the same
meaning as in division (C)(3) of section 3301.0711 of the
Revised Code.
Notwithstanding division (C)(3) of section 3301.0711 of the Revised Code, no limited English proficient student who has not attained the
applicable
scores designated under division (B) of section
3301.0710 of the
Revised Code on all
the tests
required by that
division shall be awarded a diploma under this
section.
(L) Any student described by division (A)(1) of this section
may be awarded a diploma without attaining the applicable scores
designated on the tests prescribed under division (B) of section
3301.0710 of the Revised Code provided an individualized education
program specifically exempts the student from attaining such
scores. This division does not negate the requirement for such a
student to take all such tests or alternate assessments required
by division (C)(1) of section 3301.0711 of the Revised Code for
the purpose of assessing student progress as required by federal
law.
Sec. 3313.64. (A) As used in this section and in section
3313.65 of the Revised Code:
(1)(a) Except as provided in division (A)(1)(b) of this section, "parent" means either parent, unless the parents are
separated or divorced or their marriage has been dissolved or
annulled, in which case
"parent" means the parent who is the
residential parent and legal custodian of the child. When a
child
is in the legal custody of a government agency or a person
other
than the child's natural or adoptive parent,
"parent" means
the
parent with residual parental rights, privileges, and
responsibilities. When a child is in the permanent custody of a
government agency or a person other than the child's natural or
adoptive parent,
"parent" means the parent who was divested of
parental
rights and responsibilities for the care of the child and
the
right to have the child live with the parent and be the legal
custodian
of the child and all residual parental rights,
privileges, and
responsibilities.
(b) When a child is the subject of a power of attorney
executed under sections 3109.51 to 3109.62 of the Revised Code,
"parent" means the grandparent designated as attorney in fact under the power of attorney.
When a child is the subject of a caretaker authorization affidavit
executed under sections 3109.64 to 3109.73 of the Revised Code,
"parent" means the grandparent that executed the affidavit.
(2)
"Legal custody,"
"permanent custody," and
"residual
parental rights, privileges, and responsibilities" have the same
meanings as in section 2151.011 of the Revised Code.
(3)
"School district" or
"district" means a city, local,
or
exempted village school district and excludes any school
operated
in an institution maintained by the department of youth
services.
(4) Except as used in division (C)(2) of this section,
"home" means a home, institution, foster home, group home,
or
other residential facility in this state that receives and
cares
for children, to which any of the following applies:
(a) The home is licensed, certified, or approved for such
purpose by the state or is maintained by the department of youth
services.
(b) The home is operated by a person who is licensed,
certified, or approved by the state to operate the home for such
purpose.
(c) The home accepted the child through a placement by a
person licensed, certified, or approved to place a child in such
a
home by the state.
(d) The home is a children's home created under section
5153.21 or 5153.36 of the Revised Code.
(5)
"Agency" means all of the following:
(a) A public children services agency;
(b) An organization that holds a certificate issued by the
Ohio department of job and family services in accordance
with the
requirements of section 5103.03 of the Revised Code and assumes
temporary or permanent custody of children through commitment,
agreement, or surrender, and places children in family homes for
the purpose of adoption;
(c) Comparable agencies of other states or countries that
have complied with applicable requirements of section 2151.39, or
sections 5103.20 to 5103.28 of the Revised Code.
(6) A child is placed for adoption if either of the
following occurs:
(a) An agency to which the child has been permanently
committed or surrendered enters into an agreement with a person
pursuant to section 5103.16 of the Revised Code for
the care and
adoption of the child.
(b) The child's natural parent places the child pursuant
to
section 5103.16 of the Revised Code with a person who will
care
for and adopt the child.
(7)
"Handicapped preschool child" means a handicapped
child,
as defined by division (A) of section 3323.01 of the
Revised Code,
who is at least three years of age but is not of
compulsory school
age, as defined in section 3321.01 of the
Revised Code, and who is
not currently enrolled in kindergarten.
(8)
"Child," unless otherwise indicated, includes
handicapped
preschool children.
(9) "Active duty" means active duty pursuant to an executive order of the president of the United States, an act of the congress of the United States, or section 5919.29 or 5923.21 of the Revised Code.
(B) Except as otherwise provided in section 3321.01 of the
Revised Code for admittance to kindergarten and first grade, a
child who is at least five but under twenty-two years of age and
any handicapped preschool child shall be admitted to school as
provided in this division.
(1) A child shall be admitted to the schools of the school
district in which the child's parent resides.
(2) A child who does not reside in the district where
the
child's parent resides shall be admitted to the schools of the
district
in which the child resides if any of the following
applies:
(a) The child is in the legal or permanent custody of a
government agency or a person other than the child's natural
or
adoptive
parent.
(b) The child resides in a home.
(c) The child requires special education.
(3) A child who is not entitled under division (B)(2) of
this section to be admitted to the schools of the district where
the child resides and who is residing with a resident of this
state with
whom the child has been placed for adoption shall be
admitted
to the
schools of the district where the child resides
unless either of
the following applies:
(a) The placement for adoption has been terminated.
(b) Another school district is required to admit the child
under division (B)(1) of this section.
Division (B) of this section does not prohibit the board of
education of a school district from placing a handicapped child
who resides in the district in a special education program
outside
of the district or its schools in compliance with Chapter
3323. of
the Revised Code.
(C) A district shall not charge tuition for children
admitted under division (B)(1) or (3) of this section. If the
district admits a child under division (B)(2) of this section,
tuition shall be paid to the district that admits the child as
follows:
(1) If the child receives special education in accordance
with Chapter 3323. of the Revised Code, the school district of residence, as defined in section 3323.01 of the Revised Code, shall pay tuition shall be paid for the child in
accordance with section 3323.091, 3323.13, 3323.14, or 3323.141
of
the Revised Code regardless of who has custody of the child or
whether the child resides in a home.
(2) Except For a child that does not receive special education in accordance with Chapter 3323. of the Revised Code, except as otherwise provided in division (C)(2)(d) of
this section, if the child is in the permanent or legal custody
of
a government agency or person other than the child's parent,
tuition shall be paid by:
(a) The district in which the child's parent resided at
the
time the court removed the child from home or at the time
the
court vested legal or permanent custody of the child in the
person
or government agency, whichever occurred first;
(b) If the parent's residence at the time the court
removed
the child from home or placed the child in the
legal or permanent
custody of the person or government agency is unknown,
tuition
shall be paid by the district in which the child resided
at the
time the child was removed from home or placed in
legal or
permanent custody, whichever occurred first;
(c) If a school district cannot be established under
division (C)(2)(a) or (b) of this section, tuition shall be paid
by the district determined as required by section 2151.357 of the
Revised Code by the court at the time it vests custody of the
child in the person or government agency;
(d) If at the time the court removed the child from
home or
vested legal or permanent custody of the child in the
person or
government agency, whichever occurred first, one parent
was in a
residential or correctional facility or a juvenile
residential
placement and the other parent, if living and not in
such a
facility or placement, was not known to reside in this
state,
tuition shall be paid by the district determined under
division
(D) of section 3313.65 of the Revised Code as the
district
required to pay any tuition while the parent was in such
facility
or placement;
(e) If the court has modified its order as to which district is responsible to bear the cost of educating the child pursuant to division (A)(2) of section 2151.357 of the Revised Code, the district determined to be responsible for that cost in the order so modified.
(3) If the child is not in the permanent or legal custody
of
a government agency or person other than the child's
parent and
the child
resides in a home, tuition shall be paid by one of the
following:
(a) The school district in which the child's parent
resides;
(b) If the child's parent is not a resident of this state,
the home in which the child resides.
(D) Tuition required to be paid under divisions (C)(2) and
(3)(a) of this section shall be computed in accordance with
section 3317.08 of the Revised Code. Tuition required to be paid
under division (C)(3)(b) of this section shall be computed in
accordance with section 3317.081 of the Revised Code. If a home
fails to pay the tuition required by division (C)(3)(b) of this
section, the board of education providing the education may
recover in a civil action the tuition and the expenses incurred
in
prosecuting the action, including court costs and reasonable
attorney's fees. If the prosecuting attorney or city director of
law represents the board in such action, costs and reasonable
attorney's fees awarded by the court, based upon the prosecuting
attorney's, director's, or one of their designee's time
spent
preparing
and presenting the case, shall be deposited in the
county or city
general fund.
(E) A board of education may enroll a child free of any
tuition obligation for a period not to exceed sixty days, on the
sworn statement of an adult resident of the district that the
resident has
initiated legal proceedings for custody of the child.
(F) In the case of any individual entitled to attend
school
under this division, no tuition shall be charged by the
school
district of attendance and no other school district shall
be
required to pay tuition for the individual's attendance.
Notwithstanding division (B), (C), or (E) of this section:
(1) All persons at least eighteen but under twenty-two
years
of age who live apart from their parents, support
themselves by
their own labor, and have not successfully
completed the high
school curriculum or the individualized
education program
developed for the person by the high school
pursuant to section
3323.08 of the Revised Code, are entitled to
attend school in the
district in which they reside.
(2) Any child under eighteen years of age who is married
is
entitled to attend school in the child's district of
residence.
(3) A child is entitled to attend school in the district
in
which either of the child's parents is employed if the
child has a
medical condition that may require emergency medical attention.
The parent of
a child entitled to attend school under division
(F)(3) of this section shall submit to the board of education of
the district in which the parent is employed a statement from the
child's physician certifying that the child's medical condition
may require emergency medical attention. The statement shall be
supported by such other evidence as the board may require.
(4) Any child residing with a person other than the child's
parent
is entitled, for a period not to exceed twelve months, to
attend
school in the district in which that person resides if the
child's parent files an affidavit with the superintendent of the
district in which the person with whom the child is living
resides
stating all of the following:
(a) That the parent is serving outside of the state in the
armed services of the United States;
(b) That the parent intends to reside in the district upon
returning to this state;
(c) The name and address of the person with whom the child
is living while the parent is outside the state.
(5) Any child under the age of twenty-two years who, after
the
death of a parent, resides in a school district other than the
district in which the child attended school at the time of the
parent's death is entitled to continue to attend school in the
district in which the child attended school at the time of the
parent's death for the remainder of the school year, subject to
approval of that district board.
(6) A child under the age of twenty-two years who resides
with a parent who is having a new house built in a school
district
outside the district where the parent is residing is
entitled to
attend school for a period of time in the district
where the new
house is being built. In order to be entitled to
such attendance,
the parent shall provide the district
superintendent with the
following:
(a) A sworn statement explaining the situation, revealing
the location of the house being built, and stating the parent's
intention to reside there upon its completion;
(b) A statement from the builder confirming that a new
house
is being built for the parent and that the house is at the
location indicated in the parent's statement.
(7) A child under the age of twenty-two years residing with
a
parent who has a contract to purchase a house in a school
district outside the district where the parent is residing and
who
is waiting upon the date of closing of the mortgage loan for
the
purchase of such house is entitled to attend school for a
period
of time in the district where the house is being
purchased. In
order to be entitled to such attendance, the
parent shall provide
the district superintendent with the
following:
(a) A sworn statement explaining the situation, revealing
the location of the house being purchased, and stating the
parent's intent to reside there;
(b) A statement from a real estate broker or bank officer
confirming that the parent has a contract to purchase the house,
that the parent is waiting upon the date of closing of the
mortgage loan, and that the house is at the location indicated in
the parent's statement.
The district superintendent shall establish a period of
time
not to exceed ninety days during which the child entitled to
attend school under division (F)(6) or (7) of this section may
attend without tuition obligation. A student attending a school
under division (F)(6) or (7) of this section shall be eligible to
participate in interscholastic athletics under the auspices of
that school, provided the board of education of the school
district where the student's parent resides, by a formal action,
releases the student to participate in interscholastic athletics
at the school where the student is attending, and provided the
student receives any authorization required by a public agency or
private organization of which the school district is a member
exercising authority over interscholastic sports.
(8) A child whose parent is a full-time employee of a
city,
local, or exempted village school district, or of an
educational
service center, may be admitted
to the schools of the district
where the child's parent is
employed, or in the case of a child
whose parent is employed by an
educational service center, in the
district that serves the location where
the parent's job is
primarily located,
provided the district board of education
establishes such an admission
policy by resolution adopted by a
majority of its members. Any
such policy shall take effect on the
first day of the school year
and the effective date of any
amendment or repeal may not be
prior to the first day of the
subsequent school year. The policy
shall be uniformly applied to
all such children and shall provide
for the admission of any such
child upon request of the parent. No child may
be admitted under
this policy after the first day of
classes of any school year.
(9) A child who is with the child's parent under the care
of
a
shelter for victims of domestic violence, as defined in section
3113.33 of the Revised Code, is entitled to attend school free in
the district in which the child is with the child's parent,
and no
other school
district shall be required to pay tuition for the
child's
attendance in
that school district.
The enrollment of a child in a school district under this
division shall not be denied due to a delay in the school
district's receipt of any records required under section 3313.672
of the Revised Code or any other records required for enrollment.
Any days of attendance and any credits earned by a child while
enrolled in a school district under this division shall be
transferred to and accepted by any school district in which the
child subsequently enrolls. The state board of education shall
adopt rules to ensure compliance with this division.
(10) Any child under the age of twenty-two years whose
parent
has moved out of the school district after the commencement
of
classes in the child's senior year of high school is entitled,
subject to the approval of that district board, to attend school
in the district in which the child attended school at the
time of
the parental move for the remainder of the school year and
for one
additional semester or equivalent term. A district board may
also
adopt a policy specifying extenuating circumstances under
which a
student may continue to attend school under division
(F)(10) of
this section for an additional period of time in order
to
successfully complete the high school curriculum for the
individualized education program developed for the student by the
high school pursuant to section 3323.08 of the Revised Code.
(11) As used in this division,
"grandparent" means a
parent
of a parent of a child. A child under the age of
twenty-two years
who is in the custody of the child's
parent, resides
with a
grandparent, and does not require special education is
entitled to
attend the schools of the district in which the
child's
grandparent resides, provided that, prior to such attendance in
any school year, the board of education of the school district in
which the child's grandparent resides and the board of
education
of the
school district in which the child's parent resides enter
into a written
agreement specifying that good cause exists for
such attendance,
describing the nature of this good cause, and
consenting to such
attendance.
In lieu of a consent form signed by a parent, a board of
education may request the grandparent of a child attending school
in the district in which the grandparent resides pursuant to
division (F)(11) of this section to complete any consent form
required by the district, including any authorization required by
sections 3313.712, 3313.713, and 3313.716 of the Revised Code.
Upon
request, the grandparent shall complete any consent form
required
by the district. A school district shall not incur any
liability
solely because of its receipt of a consent form from a
grandparent in lieu of a parent.
Division (F)(11) of this section does not
create, and shall
not be construed
as creating, a new cause of action or substantive
legal right
against a school district, a member of a board of
education, or
an employee of a school district. This section does
not affect,
and shall not be construed as affecting, any
immunities from
defenses to tort liability created or recognized
by Chapter 2744.
of the Revised Code for a school district,
member, or employee.
(12) A child under the age of twenty-two years is
entitled
to attend school in a school district other than the district in
which the
child is entitled to attend school under division (B),
(C),
or (E) of this section
provided that, prior to such
attendance in any school year, both of the
following occur:
(a) The superintendent of the district in which the child is
entitled to attend school under division (B),
(C), or (E)
of this
section contacts the superintendent of another district for
purposes
of
this division;
(b) The superintendents of both districts enter into
a
written agreement that consents to the attendance and specifies
that the
purpose of such attendance is to
protect the student's
physical or mental well-being or to deal with other
extenuating
circumstances deemed appropriate by the superintendents.
While an agreement is in effect under this division for a
student who is
not receiving special education under Chapter 3323.
of the Revised Code and
notwithstanding Chapter 3327. of the
Revised Code,
the board of education of neither school district
involved in the agreement is
required to provide transportation
for the student to and from the school
where the student attends.
A student attending a school of a district pursuant to this
division
shall be allowed to participate in all student
activities, including
interscholastic athletics, at the school
where the student is attending on the
same basis as any student
who has always attended the schools of that district
while of
compulsory school age.
(13) All school districts shall comply with the
"McKinney-Vento Homeless Assistance Act," 42 U.S.C.A. 11431 et
seq., for the education of homeless children. Each city, local,
and exempted village school district shall comply with the
requirements of that act governing the provision of a free,
appropriate public education, including public preschool, to each
homeless child.
When a child loses permanent housing and becomes a homeless
person, as defined in 42 U.S.C.A. 11481(5), or when a child who is
such a homeless person changes temporary living arrangements, the
child's parent or guardian shall have the option of enrolling the
child in either of the following:
(a) The child's school of origin, as defined in 42 U.S.C.A.
11432(g)(3)(C);
(b) The school that is operated by the school district in
which the shelter where the child currently resides is located and
that serves the geographic area in which the shelter is located.
(14) A child under the age of twenty-two years who resides with a person other than the child's parent is entitled to attend school in the school district in which that person resides if both of the following apply:
(a) That person has been appointed, through a military power of attorney executed under section 574(a) of the "National Defense Authorization Act for Fiscal Year 1994," 107 Stat. 1674 (1993), 10 U.S.C. 1044b, or through a comparable document necessary to complete a family care plan, as the parent's agent for the care, custody, and control of the child while the parent is on active duty as a member of the national guard or a reserve unit of the armed forces of the United States or because the parent is a member of the armed forces of the United States and is on a duty assignment away from the parent's residence.
(b) The military power of attorney or comparable document includes at least the authority to enroll the child in school.
The entitlement to attend school in the district in which the parent's agent under the military power of attorney or comparable document resides applies until the end of the school year in which the military power of attorney or comparable document expires.
(G) A board of education, after approving admission, may
waive tuition for students who will temporarily reside in the
district and who are either of the following:
(1) Residents or domiciliaries of a foreign nation who
request admission as foreign exchange students;
(2) Residents or domiciliaries of the United States but
not
of Ohio who request admission as participants in an exchange
program operated by a student exchange organization.
(H) Pursuant to sections 3311.211, 3313.90, 3319.01,
3323.04, 3327.04, and 3327.06 of the Revised Code, a child may
attend school or participate in a special education program in a
school district other than in the district where the child is
entitled to attend school under division (B) of this section.
(I)(1) Notwithstanding anything to the contrary in this section or section 3313.65 of the Revised Code, a child under twenty-two years of age may attend school in the school district in which the child, at the end of the first full week of October of the school year, was entitled to attend school as otherwise provided under this section or section 3313.65 of the Revised Code, if at that time the child was enrolled in the schools of the district but since that time the child or the child's parent has relocated to a new address located outside of that school district and within the same county as the child's or parent's address immediately prior to the relocation. The child may continue to attend school in the district, and at the school to which the child was assigned at the end of the first full week of October of the current school year, for the balance of the school year. Division (I)(1) of this section applies only if both of the following conditions are satisfied:
(a) The board of education of the school district in which the child was entitled to attend school at the end of the first full week in October and of the district to which the child or child's parent has relocated each has adopted a policy to enroll children described in division (I)(1) of this section.
(b) The child's parent provides written notification of the relocation outside of the school district to the superintendent of each of the two school districts.
(2) At the beginning of the school year following the school year in which the child or the child's parent relocated outside of the school district as described in division (I)(1) of this section, the child is not entitled to attend school in the school district under that division.
(3) Any person or entity owing tuition to the school district on behalf of the child at the end of the first full week in October, as provided in division (C) of this section, shall continue to owe such tuition to the district for the child's attendance under division (I)(1) of this section for the lesser of the balance of the school year or the balance of the time that the child attends school in the district under division (I)(1) of this section.
(4) A pupil who may attend school in the district under division (I)(1) of this section shall be entitled to transportation services pursuant to an agreement between the district and the district in which the child or child's parent has relocated unless the districts have not entered into such agreement, in which case the child shall be entitled to transportation services in the same manner as a pupil attending school in the district under interdistrict open enrollment as described in division (H) of section 3313.981 of the Revised Code, regardless of whether the district has adopted an open enrollment policy as described in division (B)(1)(b) or (c) of section 3313.98 of the Revised Code.
(J) This division does not apply to a child receiving
special education.
A school district required to pay tuition pursuant to
division (C)(2) or (3) of this section or section 3313.65 of the
Revised Code shall have an amount deducted under division
(F) of
section 3317.023 of the Revised Code equal to its own tuition
rate
for the same period of attendance. A school district
entitled to
receive tuition pursuant to division (C)(2) or (3) of
this section
or section 3313.65 of the Revised Code shall have an
amount
credited under division (F) of section 3317.023 of
the
Revised
Code equal to its own tuition rate for the same period of
attendance. If the tuition rate credited to the district of
attendance exceeds the rate deducted from the district required
to
pay tuition, the department of education shall pay the
district of
attendance the difference from amounts deducted from
all
districts' payments under division (F) of section
3317.023 of
the
Revised Code but not credited to other school districts under
such
division and from appropriations made for such purpose. The
treasurer of each school district shall, by the fifteenth day of
January and July, furnish the superintendent of public
instruction
a report of the names of each child who attended the
district's
schools under divisions (C)(2) and (3) of this section
or section
3313.65 of the Revised Code during the preceding six
calendar
months, the duration of the attendance of those
children, the
school district responsible for tuition on behalf
of the child,
and any other information that the superintendent
requires.
Upon receipt of the report the superintendent, pursuant to
division (F) of section 3317.023 of the Revised Code, shall
deduct
each district's tuition obligations under divisions (C)(2)
and (3)
of this section or section 3313.65 of the Revised Code
and pay to
the district of attendance that amount plus any amount
required to
be paid by the state.
(K) In the event of a disagreement, the superintendent of
public instruction shall determine the school district in which
the parent resides.
(L) Nothing in this section requires or authorizes, or
shall
be construed to require or authorize, the admission to a
public
school in this state of a pupil who has been permanently
excluded
from public school attendance by the superintendent of
public
instruction pursuant to sections 3301.121 and 3313.662 of
the
Revised Code.
(M) In accordance with division (B)(1) of this section, a child whose parent is a member of the national guard or a reserve unit of the armed forces of the United States and is called to active duty, or a child whose parent is a member of the armed forces of the United States and is ordered to a temporary duty assignment outside of the district, may continue to attend school in the district in which the child's parent lived before being called to active duty or ordered to a temporary duty assignment outside of the district, as long as the child's parent continues to be a resident of that district, and regardless of where the child lives as a result of the parent's active duty status or temporary duty assignment. However, the district is not responsible for providing transportation for the child if the child lives outside of the district as a result of the parent's active duty status or temporary duty assignment.
Sec. 3313.6410. This section applies to any school that is operated by a school district and in which the enrolled students work primarily on assignments in nonclassroom-based learning opportunities provided via an internet- or other computer-based instructional method.
(A) Any school to which this section applies shall withdraw from the school any student who, for two consecutive school years, has failed to participate in the spring administration of any test prescribed under section 3301.0710 or 3301.0712 of the Revised Code for the student's grade level and was not excused from the test pursuant to division (C)(1) or (3) of section 3301.0711 of the Revised Code, regardless of whether a waiver was granted for the student under division (E) of section 3317.03 of the Revised Code. The school shall report any such student's data verification code, as assigned pursuant to section 3301.0714 of the Revised Code, to the department of education to be added to the list maintained by the department under section 3314.26 of the Revised Code.
(B) No school to which this section applies shall receive any state funds under Chapter 3317. of the Revised Code for any enrolled student whose data verification code appears on the list maintained by the department under section 3314.26 of the Revised Code. Notwithstanding any provision of the Revised Code to the contrary, the parent of any such student shall pay tuition to the school district that operates the school in an amount equal to the state funds the district otherwise would receive for that student, as determined by the department. A school to which this section applies may withdraw any student for whom the parent does not pay tuition as required by this division.
Sec. 3313.813. (A) As used in this section:
(1) "Outdoor education center" means a public or nonprofit private entity
that provides to pupils enrolled in any public or chartered nonpublic
elementary or secondary school an outdoor educational curriculum that the
school considers to be part of its educational program.
(2) "Outside-school-hours care center" has the meaning established
in 7 C.F.R. 226.2.
(B) The state board of education shall
establish standards for a school lunch program, school breakfast
program, child and adult care food program, special food service
program
for children, summer food service program for children, special
milk program for children, food service equipment assistance
program, and commodity distribution program established under the
"National School Lunch Act," 60 Stat. 230 (1946), 42 U.S.C. 1751,
as amended, and the "Child Nutrition Act of 1966," 80 Stat. 885,
42 U.S.C. 1771, as amended. Any board of education of a school
district, nonprofit private school, outdoor education center,
child care institution, outside-school-hours care center, or
summer camp
desiring to participate in
such a program or required to participate under this section
shall, if eligible to participate under the "National School
Lunch Act," as amended, or the "Child Nutrition Act of 1966," as
amended, make application to the state board of education for
assistance. The board shall administer the allocation and
distribution of all state and federal funds for these programs.
(C) The state board of education shall require the board
of
education of each school district included under this division to establish
and
maintain a school breakfast
and, lunch, and summer food service program pursuant to the "National School Lunch Act" and
the "Child Nutrition Act of 1966.," as described in divisions (C)(1) to (4) of this section.
(1) The state board shall require the board of education
in each school district to establish a breakfast program in every
school where at least one-third one-fifth of the pupils in the school are
eligible under federal requirements for free breakfasts and to
establish a lunch program in every school where at least
one-third one-fifth of the pupils are eligible for free lunches. The board of education
required to establish a breakfast program under this division may make a
charge in accordance with federal requirements for each reduced price
breakfast or paid breakfast to cover the cost incurred in providing that meal.
(2) The state board shall require the board of education
in each school district to establish a breakfast program in every
school in which the parents of at least one-half of the children
enrolled in the school have requested that the breakfast program
be established. The board of education required to establish a
program under this division may make a charge for each meal to
cover all or part of the costs incurred in establishing such a
program.
(3) The state board of education shall require the board of education in each school district to establish one of the following for summer intervention services described in division (D) of section 3301.0711 and section 3313.608 of the Revised Code and any other summer intervention program required by law:
(a) An extension of the school breakfast program pursuant to the "National School Lunch Act" and the "Child Nutrition Act of 1966";
(b) An extension of the school lunch program pursuant to those acts;
(c) A summer food service program pursuant to those acts.
(4)(a) If the board of education of a school district determines that, for financial reasons, it cannot comply with division (C)(1) or (3) of this section, the district board may choose not to comply with either or both divisions, except as provided in division (C)(4)(b) of this section. The district board publicly shall communicate to the residents of the district, in the manner it determines appropriate, its decision not to comply.
(b) If a district board chooses not to comply with division (C)(1) of this section, the state board of education nevertheless shall require the district board to establish a breakfast program in every school where at least one-third of the pupils in the school are eligible under federal requirements for free breakfasts and to establish a lunch program in every school where at least one-third of the pupils are eligible for free lunches. The district board may make a charge in accordance with federal requirements for each reduced price breakfast or paid breakfast to cover the cost incurred in providing that meal.
(c) If a school district cannot for good cause comply with
the requirements of division (C)(1) or(2) or (4)(b) of
this section at the
time the state board determines that a district is subject to
these requirements, the state board of education shall grant a
reasonable extension of time. Good cause for an extension of
time shall include, but need not be limited to, economic
impossibility of compliance with the requirements at the time the
state board determines that a district is subject to them.
(D)(1) The state board of education shall accept the
application of any outdoor education center in the state making
application for participation in a program pursuant to division
(B) of this section.
(2) For purposes of participation in any program pursuant
to this section, the board shall certify any outdoor education
center making application as an educational unit that is part of
the educational system of the state, if the center:
(a) Meets the definition of an outdoor education center;
(b) Provides its outdoor education curriculum to pupils on
an overnight basis so that pupils are in residence at the center
for more than twenty-four consecutive hours;
(c) Operates under public or nonprofit private ownership
in a single building or complex of buildings.
(3) The board shall approve any outdoor education center
certified under this division for participation in the program
for which the center is making application on the same basis as
any other applicant for that program.
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.
(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 in nonclassroom-based learning opportunities provided via an internet- or other computer-based
instructional method that does not rely on regular classroom
instruction or via comprehensive instructional methods that include internet-based, other computer-based, and noncomputer-based learning opportunities.
(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;
(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 and a demonstrated record of financial responsibility.
(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 and the entity has a demonstrated record of successful implementation of educational programs.
(iv) The entity is not a community 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. Beginning on the effective date of this amendment September 29, 2005, adoption of the contract shall occur not later than the fifteenth day of March, and signing of the contract shall occur not later than the fifteenth day of May, prior to the school year in which the school will open. The governing authority shall notify the department of education when the contract has been signed. Subject to sections 3314.013 and 3314.014 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)(1) A new start-up school that is established prior to August 15, 2003, in an urban school district that is not also a big-eight school district may continue to operate after that date and the contract between the school's governing authority and the school's sponsor may be renewed, as provided under this chapter, after that date, 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 that date.
(2) A community school that was established prior to June 29, 1999, and is located in a county contiguous to the pilot project area and in a school district that is not a challenged school district may continue to operate after that date, provided the school complies with all provisions of this chapter. The contract between the school's governing authority and the school's sponsor may be renewed, but no additional start-up community school may be established in that district unless the district is a challenged school district.
Sec. 3314.03.
A copy of every contract entered into
under this section shall be filed with the superintendent of
public instruction.
(A) Each contract entered into
between a sponsor and the governing
authority of a
community school shall specify the following:
(1) That the school shall
be established as
either of the
following:
(a) A nonprofit
corporation established
under Chapter 1702.
of the Revised Code,
if established prior to April 8, 2003;
(b) A public benefit corporation established under Chapter
1702. of the Revised Code, if established after April 8, 2003;
(2) The education program of the school, including the
school's mission,
the characteristics of the students the school
is expected to attract, the ages and grades of students, and the
focus of the
curriculum;
(3) The academic goals to be achieved and the method of
measurement that
will be used to determine progress toward those
goals, which shall include the statewide
achievement
tests;
(4) Performance standards by which the success of the
school
will be evaluated by the sponsor. If the sponsor will evaluate the school in accordance with division (D) of section 3314.36 of the Revised Code, the contract shall specify the number of school years that the school will be evaluated under that division.
(5) The admission standards of section 3314.06 of the
Revised Code and, if applicable, section 3314.061 of the Revised Code;
(6)(a) Dismissal procedures;
(b) A requirement that the governing authority adopt an
attendance policy that includes a procedure for automatically
withdrawing a student from the school if the student without a
legitimate excuse fails to participate in one hundred five
consecutive hours of the learning opportunities offered to the
student.
(7) The ways by which the school will achieve racial and
ethnic balance
reflective of the community it serves;
(8) Requirements
for
financial audits by the
auditor of state. The contract shall require
financial records of
the school to be maintained in
the same manner as are financial
records of school districts, pursuant to
rules of the auditor of
state, and the audits shall be conducted in
accordance with
section 117.10 of the Revised Code.
(9) The facilities to be used and
their locations;
(10) Qualifications of teachers,
including a requirement
that the school's
classroom teachers be licensed in accordance
with sections 3319.22 to
3319.31 of the Revised Code, except that
a community school may engage
noncertificated persons to teach up
to twelve
hours per week pursuant to section 3319.301 of the
Revised Code;
(11) That the school will comply with the following
requirements:
(a) The school will provide learning opportunities to a
minimum
of twenty-five students for a minimum of nine
hundred
twenty hours per school year;
(b) The governing authority will
purchase liability
insurance, or otherwise provide for the
potential liability of the
school;
(c) The school will be
nonsectarian in its programs,
admission policies,
employment practices, and all other
operations, and will not be
operated by a sectarian school or
religious institution;
(d) The school will comply with
sections 9.90, 9.91, 109.65,
121.22,
149.43, 2151.358, 2151.421, 2313.18,
3301.0710, 3301.0711,
3301.0712,
3301.0715,
3313.50,
3313.608, 3313.6012,
3313.643,
3313.648, 3313.66, 3313.661,
3313.662,
3313.67,
3313.671,
3313.672,
3313.673, 3313.69, 3313.71, 3313.716,
3313.80,
3313.96,
3319.073, 3319.321, 3319.39, 3321.01,
3321.13, 3321.14,
3321.17,
3321.18, 3321.19, 3321.191, 3327.10, 4111.17,
4113.52, and
5705.391
and
Chapters 117., 1347.,
2744., 3365.,
3742., 4112., 4123.,
4141., and
4167. of
the Revised Code
as if it were a
school
district
and will comply with section
3301.0714 of the
Revised
Code in the manner specified in section
3314.17 of the
Revised
Code;
(e) The school shall comply with Chapter 102. of the Revised
Code except that
nothing in that chapter shall prohibit a
member
of the school's governing board from also being an employee
of the
school and nothing in that chapter or and section 2921.42 of
the
Revised Code shall prohibit a member of the
school's governing
board from having an interest in a
contract into which the
governing board enters
that is not a contract with a for-profit
firm for the operation or
management of a school under the
auspices of the governing
authority;
(f) The school will comply with sections 3313.61,
3313.611,
and 3313.614 of the Revised Code, except that the
requirement in
sections
3313.61 and 3313.611 of the Revised
Code that a person
must successfully
complete the curriculum
in
any high school prior
to receiving a
high school diploma may be
met by completing the
curriculum adopted by the
governing
authority of the community
school
rather than the curriculum
specified in Title XXXIII of the
Revised Code or any rules of the
state board of education;
(g) The school governing authority will submit
within four months after the end of each school year a
report
of
its activities and progress in meeting the goals and
standards of
divisions
(A)(3) and (4) of this section and its
financial status
to the
sponsor, the parents of all students
enrolled in the
school, and the legislative office of education
oversight. The
school will
collect and provide
any data that the
legislative
office of education oversight requests in
furtherance
of any study
or research that the general assembly requires the
office to
conduct, including the studies required under Section
50.39
of Am.
Sub. H.B. 215 of the
122nd general assembly and
Section 50.52.2 of
Am. Sub. H.B. 215 of the
122nd general
assembly, as amended.
(12) Arrangements for providing health and other benefits
to
employees;
(13) The length of the contract, which shall begin at the
beginning of an
academic year. No contract shall
exceed
five years
unless such contract has been renewed pursuant to
division (E) of this section.
(14) The governing authority of the school, which shall be
responsible for carrying out the provisions of the contract;
(15) A financial plan detailing an estimated school budget
for each year
of the period of the contract and specifying the
total estimated per pupil
expenditure amount for each such year.
The plan shall specify for
each year the base formula amount
that
will be used for purposes of funding calculations under section
3314.08
of the Revised Code. This base formula amount for any
year shall not exceed
the formula amount defined under section
3317.02
of the Revised Code. The plan may also
specify for any
year a percentage figure to be used for reducing the per pupil
amount of the subsidy calculated pursuant to
section 3317.029 of the Revised Code the school is to
receive that
year under section 3314.08 of the Revised Code.
(16) Requirements and procedures regarding the disposition
of
employees of the school in the event the contract is terminated
or not renewed pursuant to section 3314.07 of the Revised Code;
(17) Whether the school is to be created by
converting all
or part of an existing public school or is to be a new start-up
school, and if it is a converted public school, specification of
any duties or
responsibilities of an employer that the board of
education that operated the
school before conversion is delegating
to the governing board of the community
school with respect to all
or any specified group of employees provided the
delegation is not
prohibited by a collective bargaining agreement applicable
to such
employees;
(18) Provisions establishing procedures for resolving
disputes or
differences of opinion between the sponsor and the
governing authority of the
community school;
(19) A provision requiring the governing authority to adopt
a policy
regarding
the admission of students who reside outside
the district in which the school
is located. That policy shall
comply with the admissions procedures specified
in sections 3314.06 and 3314.061
of the Revised Code and, at the sole
discretion of the authority,
shall do one of the following:
(a) Prohibit the enrollment of students who reside outside
the
district in which the school is located;
(b) Permit the enrollment of students who reside in
districts
adjacent to the district in which the school is located;
(c) Permit the enrollment of students who reside in any
other
district in the state.
(20) A provision recognizing the authority of the department
of education to take over the sponsorship of the school in
accordance with the provisions of division (C) of section 3314.015
of the Revised Code;
(21) A provision recognizing the sponsor's authority to
assume the operation of a school under the conditions specified in
division (B) of section 3314.073 of the Revised Code;
(22) A provision recognizing both of the following:
(a) The authority of public health and safety officials to
inspect the facilities of the school and to order the facilities
closed if those officials find that the facilities are not in
compliance with health and safety laws and regulations;
(b) The authority of the
department of education as the
community school oversight body to
suspend the operation of the
school under section 3314.072 of the
Revised Code if the
department has evidence of conditions or
violations of law at the
school that pose an imminent danger to
the health and safety of
the school's students and employees and
the sponsor refuses to
take such action;
(23) A description of the learning opportunities that will
be offered to students including both classroom-based and
non-classroom-based learning opportunities that is in compliance
with criteria for student participation established by the
department under division (L)(2) of section 3314.08 of the Revised
Code;
(24) The school will comply with section 3302.04 of the Revised Code, including division (E) of that section to the extent possible, except that any action required to be taken by a school district pursuant to that section shall be taken by the sponsor of the school. However, the sponsor shall not be required to take any action described in division (F) of that section.
(25) Beginning in the 2006-2007 school year, the school will open for operation not later than the thirtieth day of September each school year, unless the mission of the school as specified under division (A)(2) of this section is solely to serve dropouts. In its initial year of operation, if the school fails to open by the thirtieth day of September, or within one year after the adoption of the contract pursuant to division (D) of section 3314.02 of the Revised Code if the mission of the school is solely to serve dropouts, the contract shall be void.
(B) The community school shall also submit to the sponsor a
comprehensive plan for the
school. The plan shall specify the
following:
(1) The process by which the governing authority of the
school will be
selected in the future;
(2) The management and administration of the school;
(3) If the community school is a currently existing
public
school, alternative arrangements
for current public school
students who choose
not to attend the school and teachers who
choose not to teach in
the school after conversion;
(4) The instructional program and educational philosophy of
the
school;
(5) Internal financial controls.
(C) A contract entered into under section 3314.02 of the
Revised
Code between a sponsor and the governing
authority of a
community school may provide for the community school governing
authority to make payments to the sponsor, which is hereby
authorized to
receive such payments as set forth in the contract
between the governing
authority and the sponsor.
The total amount
of such payments for oversight and monitoring of the school shall
not exceed three per cent of the total
amount of payments for
operating expenses that the school receives
from the state.
(D) The contract shall specify the duties of the sponsor
which shall be in accordance with the written agreement entered
into with the department of education under division (B) of
section 3314.015 of the Revised Code and shall include the
following:
(1) Monitor the community school's compliance with all laws
applicable to the school and with the terms of the contract;
(2) Monitor and evaluate the academic and fiscal
performance and the organization and operation of the community
school on at least an annual basis;
(3) Report on an annual basis the results of the evaluation
conducted under division (D)(2) of this section to the department
of education and to the parents of students enrolled in the
community school;
(4) Provide technical assistance to the community school
in complying with laws applicable to the school and terms of the
contract;
(5) Take steps to intervene in the school's operation to
correct problems in the school's overall
performance, declare the
school to be on probationary status
pursuant to section 3314.073
of the Revised Code, suspend the
operation of the school pursuant
to section 3314.072 of the
Revised Code, or terminate the contract
of the school pursuant to
section 3314.07 of the Revised Code as
determined necessary by the
sponsor;
(6) Have in place a plan of action to be undertaken in the
event the community school experiences financial difficulties or
closes prior to the end of a school year.
(E) Upon the expiration of a
contract entered into under
this section, the sponsor of a
community school may, with the
approval of the governing authority
of the school, renew that
contract for
a period of time determined by the sponsor, but not
ending earlier
than the end of any school year, if the sponsor
finds that the
school's compliance with applicable laws and terms
of the contract
and the school's progress in meeting the academic
goals prescribed
in the contract have been satisfactory. Any
contract that is renewed
under this division remains subject to
the provisions of sections
3314.07, 3314.072, and 3314.073 of the
Revised Code.
(F) If a community school fails to open for operation within one year after the contract entered into under this section is adopted pursuant to division (D) of section 3314.02 of the Revised Code or permanently closes prior to the expiration of the contract, the contract shall be void and the school shall not enter into a contract with any other sponsor. A school shall not be considered permanently closed because the operations of the school have been suspended pursuant to section 3314.072 of the Revised Code. Any contract that becomes void under this division shall not count toward any statewide limit on the number of such contracts prescribed by section 3314.013 of the Revised Code.
Sec. 3314.08. (A) As used in this section:
(1)
"Base formula amount" means the
amount specified as such
in a community school's financial plan for a school
year pursuant
to division (A)(15) of section 3314.03 of the
Revised Code.
(2)
"Cost-of-doing-business factor" has the same meaning as
in section
3317.02 of the Revised Code.
(3)
"IEP" means an
individualized education program as
defined in section 3323.01 of
the Revised Code.
(4)
"Applicable
special education weight" means the
multiple
specified in section 3317.013
of
the Revised Code for a handicap
described
in that
section.
(5)
"Applicable vocational education weight" means:
(a) For a student enrolled in vocational education programs
or
classes described in division (A) of section 3317.014 of the
Revised Code, the
multiple specified in that division;
(b) For a student enrolled in vocational education programs
or
classes described in division (B) of section 3317.014 of the
Revised Code, the
multiple specified in that division.
(6)
"Entitled to attend school" means entitled to attend
school
in a district under section 3313.64 or 3313.65 of the
Revised
Code.
(7)
A community school student
is "included in the
poverty student count" of a school district if
the student is entitled to
attend school in the district and the
student's family receives assistance under the Ohio works first
program.
(8) "Poverty-based assistance reduction factor" means the
percentage figure,
if
any, for reducing the per pupil amount
of
poverty-based assistance 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)(G), (P)(L), and (R)(N) of section 3317.024, and sections 3317.029, 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), (M), (N), and (O) 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)
Twenty 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 poverty-based assistance reduction factor that applies to a
school
year.
(C) From the SF-3 payment made to a city, exempted village, or
local
school district and,
if necessary, from the payment made to the district under
sections 321.24 and 323.156 of the Revised Code, the
department of education
shall annually subtract the sum of the
amounts described in divisions (C)(1) to (9) of this section. However, when deducting payments on behalf of students enrolled in internet- or computer-based community schools, the department shall deduct only those amounts described in divisions (C)(1) and (2) of this section. Furthermore, 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 greater of the following:
(a) The fiscal year 2005 base
formula amount
of that community school
as adjusted by the school
district's fiscal year 2005 cost-of-doing-business factor;
(b) The sum of (the current base formula amount of that community school times the school district's current cost-of-doing-business factor) plus the per pupil amount of the base funding supplements specified in divisions (C)(1) to (4) of section 3317.012 of the Revised Code.
(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 poverty student
count
is multiplied by the per pupil amount of
poverty-based assistance the school district receives that
year pursuant
to
division (B) or (C) of section 3317.029 of
the
Revised
Code, as
adjusted by any poverty-based assistance reduction factor of that
community
school.
If
the district receives
poverty-based assistance 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 poverty student count,
as defined
in that section.
If
the
district receives
poverty-based assistance under division
(C) of section
3317.029 of the Revised
Code, the
per pupil
amount
of that aid for the
district
shall be calculated by the department.
(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
poverty-based assistance 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.
(6) 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 received under division (F) of section 3317.029 of the Revised Code, as adjusted by any poverty-based assistance reduction factor of that community school, is multiplied by the number of the district's students enrolled in the community school who are identified as limited-English proficient.
(7) 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 received under division (G) of section 3317.029 of the Revised Code, as adjusted by any poverty-based assistance reduction factor of that community school, is multiplied by the sum of the following:
(a) The number of the district's students enrolled in grades one through twelve in that community school;
(b) One-half of the number of the district's students enrolled in kindergarten in that community school.
The district's per pupil amount under division (G) of section 3317.029 of the Revised Code is the district's amount per teacher calculated under division (G)(1) or (2) of that section divided by 17, times a multiple of 0.40 in fiscal year 2006 and 0.70 in fiscal year 2007.
(8) 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 received under divisions (H) and (I) of section 3317.029 of the Revised Code, as adjusted by any poverty-based assistance reduction factor of that community school, is multiplied by the sum of the following:
(a) The number of the district's students enrolled in grades one through twelve in that community school;
(b) One-half of the number of the district's students enrolled in kindergarten in that community school.
The district's per pupil amount under divisions (H) and (I) of section 3317.029 of the Revised Code is the amount calculated under each division divided by the district's formula ADM, as defined in section 3317.02 of the Revised Code.
(9) An amount equal to the per pupil state parity aid funding calculated for the school district under either division (C) or (D) of section 3317.0217 of the Revised Code multiplied by the sum of the number of students in grades one through twelve, and one-half of the number of students in kindergarten, who are entitled to attend school in the district and are enrolled in a community school as reported under division (B)(1) of this section.
(D) The department shall annually pay to a community school
established under
this chapter the sum of the amounts described in divisions (D)(1) to (10) of this section. However, the department shall calculate and pay to each internet- or computer-based community school only the amounts described in divisions (D)(1) to (3) of this section. Furthermore, the sum of the payments to all community schools under divisions (D)(1), (2), and (4) to (10) 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) Subject to section 3314.085 of the Revised Code, 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 greater of the following:
(a) The community school's fiscal year 2005 base formula
amount,
as
adjusted by the fiscal year 2005 cost-of-doing-business factor of the
school
district in which the student is
entitled to attend school;
(b) The sum of (the community school's current base formula amount times the current cost-of-doing-business factor of the school district in which the student is entitled to attend school) plus the per pupil amount of the base funding supplements specified in divisions (C)(1) to (4) of section 3317.012 of the Revised Code.
(2) Prior to fiscal year 2007, the greater of the amount calculated under division (D)(2)(a) or (b) of this section, and in fiscal year 2007 and thereafter, the amount calculated under division (D)(2)(b) of this section:
(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 greater of (the community school's fiscal year 2005 base formula amount X the fiscal year 2005 cost-of-doing-business factor of the district where the student is entitled to attend school) or [(the school's current base formula amount times the current cost-of-doing-business factor of the school district where the student is entitled to attend school) plus the per pupil amount of the base funding supplements specified in divisions (C)(1) to (4) of section 3317.012 of the Revised Code]+ (the applicable
special education
weight X the 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 poverty student count is
multiplied by the per pupil
amount of poverty-based assistance that school district
receives that year pursuant to
division
(B) or (C) of
section
3317.029 of the Revised Code, as
adjusted by
any poverty-based assistance 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
poverty-based assistance 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.
(7) 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 identified as limited-English proficient is multiplied by the district's per pupil amount received under division (F) of section 3317.029 of the Revised Code, as adjusted by any poverty-based assistance reduction factor of the community school.
(8) 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 received under division (G) of section 3317.029 of the Revised Code, as adjusted by any poverty-based assistance reduction factor of the community school, is multiplied by the sum of the following:
(a) The number of the district's students enrolled in grades one through twelve in that community school;
(b) One-half of the number of the district's students enrolled in kindergarten in that community school.
The district's per pupil amount under division (G) of section 3317.029 of the Revised Code shall be determined as described in division (C)(7) of this section.
(9) 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 received under divisions (H) and (I) of section 3317.029 of the Revised Code, as adjusted by any poverty-based assistance reduction factor of the community school, is multiplied by the sum of the following:
(a) The number of the district's students enrolled in grades one through twelve in that community school;
(b) One-half of the number of the district's students enrolled in kindergarten in that community school.
The district's per pupil amount under divisions (H) and (I) of section 3317.029 of the Revised Code shall be determined as described in division (C)(8) of this section.
(10) 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 state parity aid funding calculated under either division (C) or (D) of section 3317.0217 of the Revised Code is multiplied by the sum of the number of that district's students enrolled in grades one through twelve, and one-half of the number of that district's students enrolled in kindergarten, in the community school as reported under division (B)(2)(a) and (b) 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 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
beginning on the later of the date on which the school both has received
documentation of the student's enrollment from a parent and the student has
commenced participation in learning opportunities as defined in
the contract with the sponsor, or thirty days prior to the date on which the student is entered into the education management information system established under section 3301.0714 of the Revised Code. 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. However, no internet- or computer-based community school shall be credited for any time a student spends participating in learning opportunities beyond ten hours within any period of twenty-four consecutive 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 or, if applicable to the student, in any community school that is required to provide the student with a computer pursuant to division (C) of section 3314.22 of the Revised Code, unless 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 operational 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
3314.22 of the Revised Code, relative to such student.
(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
community
school that
includes in its program the
provision of
computer
hardware and
software materials to
any student, if such
hardware
and software
materials have not been
delivered,
installed, and
activated for
each such student 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
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.
(P) The department shall not subtract from a school district's state aid account under division (C) of this section and shall not pay to a community school under division (D) of this section any amount for any of the following:
(1) Any student who has graduated from the twelfth grade of a public or nonpublic high school;
(2) Any student who is not a resident of the state;
(3) Any student who was enrolled in the community school 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) or (3) of that section, unless the superintendent of public instruction grants the student a waiver from the requirement to take the test and a parent is not paying tuition for the student pursuant to section 3314.26 of the Revised Code. The superintendent may grant a waiver only for good cause in accordance with rules adopted by the state board of education.
(4) Any student 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 enrollment in a community school not later than four years after termination of war or their honorable discharge. If, however, any such veteran elects to enroll in special courses organized for veterans for whom tuition is paid under federal law, or otherwise, the department shall not subtract from a school district's state aid account under division (C) of this section and shall not pay to a community school under division (D) of this section any amount for that veteran.
Sec. 3314.18. (A) Subject to division (C) of this section, the governing board of each community school shall establish a breakfast program pursuant to the
"National School Lunch Act," 60 Stat. 230 (1946), 42 U.S.C. 1751,
as amended, and the "Child Nutrition Act of 1966," 80 Stat. 885,
42 U.S.C. 1771, as amended, if at least one-fifth of the pupils in the school are
eligible under federal requirements for free breakfasts, and shall
establish a lunch program pursuant to those acts if at least
one-fifth of the pupils are eligible for free lunches. The governing board
required to establish a breakfast program under this division may make a
charge in accordance with federal requirements for each reduced price
breakfast or paid breakfast to cover the cost incurred in providing that meal.
(B) Subject to division (C) of this section, the governing board of each community school shall establish one of the following for summer intervention services described in division (D) of section 3301.0711 and section 3313.608 of the Revised Code and any other summer intervention program required by law:
(1) An extension of the school breakfast program pursuant to the "National School Lunch Act" and the "Child Nutrition Act of 1966";
(2) An extension of the school lunch program pursuant to those acts;
(3) A summer food service program pursuant to those acts.
(C) If the governing board of a community school determines that, for financial reasons, it cannot comply with division (A) or (B) of this section, the governing board may choose not to comply with either or both divisions. In that case, the governing board shall communicate to the parents of its students, in the manner it determines appropriate, its decision not to comply.
(D) The governing board of each community school required to establish a school breakfast, school lunch, or summer food service program under this section shall apply for state and federal funds allocated by the state board of education under division (B) of section 3313.813 of the Revised Code and shall comply with the state board's standards adopted under that division.
(E) This section does not apply to internet- or computer-based community schools.
Sec. 3314.26. (A) Each internet- or computer-based community school shall withdraw from the school any student who, for two consecutive school years, has failed to participate in the spring administration of any test prescribed under section 3301.0710 or 3301.0712 of the Revised Code for the student's grade level and was not excused from the test pursuant to division (C)(1) or (3) of section 3301.0711 of the Revised Code, regardless of whether a waiver was granted for the student under division (P)(3) of section 3314.08 of the Revised Code. The school shall report any such student's data verification code, as assigned pursuant to section 3301.0714 of the Revised Code, to the department of education. The department shall maintain a list of all data verification codes reported under this division and section 3313.6410 of the Revised Code and provide that list to each internet- or computer-based community school and to each school to which section 3313.6410 of the Revised Code applies.
(B) No internet- or computer-based community school shall receive any state funds under this chapter for any enrolled student whose data verification code appears on the list maintained by the department under division (A) of this section.
Notwithstanding any provision of the Revied Revised Code to the contrary, the parent of any such student shall pay tuition to the internet- or computer-based community school in an amount equal to the state funds the school otherwise would receive for that student, as determined by the department. An internet- or computer-based community school may withdraw any student for whom the parent does not pay tution tuition as required by this division.
Sec. 3314.35. (A) This section applies to any community school established under this chapter that meets one or more of the following criteria:
(1) The school is declared to be in need of continuous improvement, under an academic watch, or in a state of academic emergency pursuant to section 3302.03 of the Revised Code.
(2) The school has not been in operation for at least two full school years.
(3) The school does not offer any grade level for which an achievement test is prescribed under section 3301.0710 of the Revised Code or the number of students enrolled in each grade level offered by the school for which an achievement test is prescribed is too small to yield statistically reliable data about student performance, as determined by the department of education.
(B) Beginning in the 2006-2007 2007-2008 school year, each community school to which this section applies shall administer a reading and mathematics assessment approved by the department in the fall and spring of the school year to each student who is enrolled in any of grades one through twelve to measure the academic progress made by students during the school year. For each grade level, the community school shall administer the same assessment in the spring that the school administers in the fall.
(C) Each community school that administers the assessments required by division (B) of this section shall be responsible for all costs associated with the administration and scoring of the assessments. Each community school shall report the scores of all students taking the assessments to the department in a manner prescribed by the department.
(D) The department shall establish a list of nationally normed assessments in reading and mathematics that it approves for use by community schools under this section. The department may approve assessments in other subject areas, but no community school shall be required to administer an assessment in a subject area other than reading or mathematics under this section.
(E) The sponsor of any community school to which this section does not apply may elect to have the school administer reading and mathematics assessments in accordance with this section.
Sec. 3314.36. (A) Not later than July 1, 2006 2007, the state board of education shall adopt rules establishing reasonable standards for expected gains in student achievement between the fall and spring administrations of the reading and mathematics assessments administered under section 3314.35 of the Revised Code and for expected gains in the graduation rate.
(B) Any community school that is declared to be under an academic watch or in a state of academic emergency pursuant to section 3302.03 of the Revised Code after July 1, 2006 2007, or to which division (A)(3) of section 3314.35 of the Revised Code applies shall be subject to division (C) of this section beginning the next school year if either of the following apply to the school:
(1) The percentage of the school's total student population showing the expected gains in student achievement established under division (A) of this section on the reading or mathematics assessments administered most recently under section 3314.35 of the Revised Code is less than fifty-five per cent.
(2) The school offers a high school diploma but is not showing the expected gains in the graduation rate established under division (A) of this section.
A community school that has been in operation for one school year shall not be subject to division (C) of this section.
(C)(1) In the first school year that a community school is subject to division (C) of this section, if the school is an internet- or computer-based community school, the school shall not enroll any students in excess of the number of students the school enrolled at the conclusion of the preceding school year.
(2) In the second consecutive school year that a community school is subject to division (C) of this section, if the school is an internet- or computer-based community school, the school shall do both of the following:
(a) Continue to comply with division (C)(1) of this section;
(b) Withdraw from the school at the conclusion of the school year any student for whom any of the following conditions apply, unless the student's parent agrees to pay tuition to the school in an amount equal to the state funds the school otherwise would receive for that student as determined by the department of education:
(i) For two consecutive school years, the student has taken the reading and mathematics assessments administered under section 3314.35 of the Revised Code but has failed to show the expected gains in student achievement established under division (A) of this section for both reading and mathematics.
(ii) For two consecutive school years, the student has not taken one or more of the reading and mathematics assessments described in division (C)(2)(b)(i) of this section.
(iii) For one of two consecutive school years, the student took the reading and mathematics assessments described in division (C)(2)(b)(i) of this section but failed to show the expected gains in student achievement also described in that division for both reading and mathematics, and, for the other school year, the student did not take one or more of those assessments.
After the conclusion of the school year, the school shall not receive state funds for any student who is required to be withdrawn or for whom tuition is owed under division (C)(2)(b) of this section.
(3) In the third consecutive school year that any community school is subject to division (C) of this section, the following shall apply:
(a) If the school is an internet- or computer-based community school, the school shall continue to comply with division (C)(1)(a) of this section.
(b) The school shall be permanently closed at the conclusion of the school year.
(D) The sponsor of any community school that is declared to be in need of continuous improvement, effective, or excellent pursuant to section 3302.03 of the Revised Code and offers one or more grade levels for which an achievement test is prescribed under section 3301.0710 of the Revised Code may elect to evaluate the performance of the school in accordance with division (B) of this section, provided the school administers reading and mathematics assessments under section 3314.35 of the Revised Code. If the sponsor so elects, the evaluation method shall be used for a minimum of three school years and shall be specified in the contract required by section 3314.03 of the Revised Code. Nothing in this division requires the sponsor of a community school that elects to evaluate the school in accordance with division (B) of this section to take any action specified in division (C) of this section, unless the contract requires such action.
(E) In calculating the gains in student achievement demonstrated by a community school for the purposes of division (B) of this section, the department shall include the scores of all students who participated in the fall and spring administrations of the assessments administered under section 3314.35 of the Revised Code. If the school's participation rate for any grade level is less than ninety per cent, the department shall calculate the gains in academic achievement demonstrated by the students in that grade level as if the participation rate was ninety per cent by assuming a score of zero for each student that it is necessary to add to the participation rate to make that rate equal ninety per cent.
Sec. 3315.01. (A) Except as provided in division (B) of this section and
notwithstanding sections 3315.12 and 3315.14 of the Revised Code, the board of
education of any school district may adopt a resolution requiring the
treasurer of the district to credit the earnings made on the investment of the
principal of the moneys specified in the resolution to the fund from which the
earnings arose or any other fund of the district as the board specifies in its
resolution.
(B) This section does not apply to the earnings made on the investment of the
bond retirement fund, the sinking fund, a project construction fund
established pursuant to sections 3318.01 to 3318.20 of the Revised Code, or the
payments received by school
districts pursuant to division (L)(I) of section 3317.024 of
the Revised Code.
Sec. 3317.01. As used in this section and section 3317.011
of the Revised Code,
"school district," unless otherwise
specified, means any city, local, exempted village, joint
vocational, or cooperative education school district and
any
educational service center.
This chapter shall be administered by the state board of
education. The superintendent of public instruction shall
calculate the amounts payable to each school district and shall
certify the amounts payable to each eligible district to the
treasurer of the district as provided by this chapter. As soon as possible after such amounts are calculated, the superintendent shall certify to the treasurer of each school district the district's adjusted charge-off increase, as defined in section 5705.211 of the Revised Code. No moneys
shall be distributed pursuant to this chapter without the
approval
of the controlling board.
The state board of education shall, in accordance with
appropriations made by the general assembly, meet the financial
obligations of this chapter.
Annually, the department of education shall calculate and
report to each
school district the district's total state and
local funds for providing an
adequate basic education to the
district's nonhandicapped students, utilizing
the determination in
section 3317.012 of the Revised Code. In addition, the
department
shall
calculate and report separately for each school district the
district's total
state and local funds for providing an adequate
education for its handicapped
students, utilizing the
determinations in both sections 3317.012 and 3317.013
of the
Revised Code.
Not later than the thirty-first day of August of each fiscal
year,
the department of education shall provide to each school
district and
county MR/DD board a preliminary estimate of the
amount of funding
that the department calculates the district will
receive under each of
divisions (C)(1) and
(4) of section
3317.022
of the Revised Code. No later
than the first day of
December of
each fiscal year, the department shall
update that
preliminary
estimate.
Moneys distributed pursuant to this chapter shall be
calculated and paid on a fiscal year basis, beginning with the
first day of July and extending through the thirtieth day of
June.
The moneys appropriated for each fiscal year shall be
distributed
at least monthly to each school district unless
otherwise provided
for. The state board shall submit a yearly
distribution plan to
the controlling board at its
first meeting in July. The state
board shall submit any proposed midyear
revision of the plan to
the controlling
board in January. Any year-end revision of the
plan shall be submitted to
the controlling board in June. If
moneys appropriated for each
fiscal year are distributed other
than monthly, such distribution
shall be on the same basis for
each school district.
The total amounts paid each month shall constitute, as
nearly
as possible, one-twelfth of the total amount payable for
the
entire year.
Until fiscal year 2006 2007, payments made during the first six months of
the
fiscal year may be based on an estimate of the amounts
payable for
the entire year. Payments made in the last six
months shall be
based on the final calculation of the amounts
payable to each
school district for that fiscal year. Payments
made in the last
six months may be adjusted, if necessary, to
correct the amounts
distributed in the first six months, and to
reflect enrollment
increases when such are at least three per
cent.
Beginning in fiscal year 2006 2007, payments shall be calculated to reflect the biannual reporting of average daily membership. In fiscal year 2006 2007 and in each fiscal year thereafter, annualized periodic payments for July through December each school district shall be based on the district's student counts certified pursuant to section 3317.03 of the Revised Code for the first full week in October, and payments for January through June shall be based on the average of student counts certified pursuant to that section for the first full week of the previous October and the third full week in February. as follows:
the sum of one-half of the number of students reported
for the first full week in October plus one-half of the
average of the numbers reported for the first full week
in October and for the first full week in FebruaryExcept as
otherwise provided, payments under this chapter
shall be made only
to those school districts in which:
(A) The school district, except for any
educational service
center and any joint
vocational or cooperative education school
district, levies for
current operating expenses at least twenty
mills.
Levies for
joint vocational or cooperative education
school districts or
county school financing districts, limited to
or to the extent
apportioned to current expenses, shall be
included in this
qualification requirement. School district
income tax levies
under Chapter 5748. of the Revised Code, limited
to or to the
extent apportioned to current operating expenses,
shall be
included in this qualification requirement to the extent
determined by the tax commissioner under division (D) of
section
3317.021 of the Revised Code.
(B) The school year next preceding the fiscal year for
which
such payments are authorized meets the requirement of
section
3313.48 or 3313.481 of the Revised Code, with regard to
the
minimum number of days or hours school must be open for
instruction with pupils in attendance, for individualized
parent-teacher conference and reporting periods, and for
professional meetings of teachers. This requirement shall be
waived by the superintendent of public instruction if it had been
necessary for a school to be closed because of disease epidemic,
hazardous weather conditions, inoperability of school buses or
other equipment
necessary to the school's operation, damage to a
school building, or
other temporary circumstances due to utility
failure rendering
the school building unfit for school use,
provided that for those
school districts operating pursuant to
section 3313.48 of the
Revised Code the number of days the school
was actually open for
instruction with pupils in attendance and
for individualized
parent-teacher conference and reporting periods
is not less than
one hundred seventy-five, or for those school
districts operating
on a trimester plan the number of days the
school was actually
open for instruction with pupils in attendance
not less than
seventy-nine days in any trimester, for those school
districts
operating on a quarterly plan the number of days the
school was
actually open for instruction with pupils in attendance
not less
than fifty-nine days in any quarter, or for those school
districts operating on a pentamester plan the number of days the
school was actually open for instruction with pupils in
attendance
not less than forty-four days in any pentamester.
A school district shall not be considered to have failed to
comply with this division or section 3313.481 of the Revised Code
because schools were open for instruction but either twelfth
grade
students were excused from attendance for up to three days
or only
a portion of the kindergarten students were in attendance
for up
to three days in order to allow for the gradual
orientation to
school of such students.
The superintendent of public instruction shall waive the
requirements of this section with reference to the minimum number
of days or hours school must be in session with pupils in
attendance for the school year succeeding the school year in
which
a board of education initiates a plan of operation pursuant
to
section 3313.481 of the Revised Code. The minimum
requirements of
this section shall again be applicable to such a
district
beginning with the school year commencing the second
July
succeeding the initiation of one such plan, and for each
school
year thereafter.
A school district shall not be considered to have failed to
comply with
this division or section 3313.48 or 3313.481 of the
Revised Code because
schools were open for instruction but the
length of the regularly scheduled
school day, for any number of
days during the school year, was reduced by not
more than two
hours due to hazardous weather conditions.
(C) The school district has on file, and is paying in
accordance with, a teachers' salary schedule
which complies with
section 3317.13 of the Revised Code.
A board of education or governing board of an educational
service center which
has not conformed with other law
and the
rules pursuant thereto, shall not participate in the
distribution
of funds authorized by sections 3317.022 to
3317.0211, 3317.11,
3317.16, 3317.17, and 3317.19 of the Revised
Code, except for good
and sufficient reason established to the
satisfaction of the state
board of education and the state
controlling board.
All funds allocated to school districts under this chapter,
except those specifically allocated for other purposes, shall be
used to pay current operating expenses only.
Sec. 3317.015. (A) In addition to the information certified to
the department of education under division (A) of section 3317.021
of the Revised Code, the tax commissioner shall, at the same time, certify the
following information for each city, exempted village, and local school
district to be used for the same purposes as described under that division:
(1) The taxable value of the school district's carryover property, as defined in section
319.301 of the Revised Code, for the preceding tax year;
(2) The school district's increase in such carryover valuation value, if any, between
the second preceding tax year and the preceding tax year as used in
calculating the percentage reduction under section 319.301 of the Revised Code.
(B) In any For each fiscal year the department of education shall
calculate each school district's recognized valuation in the following
manner:
(1) For a school district located in a county in which a reappraisal or
triennial update occurred in the preceding tax year, the recognized valuation
equals the district's total taxable value for the preceding tax year minus
two-thirds times the increase in the carryover value from the second preceding
tax year to the preceding tax year.
(2) For a school district located in a county in which a reappraisal or
triennial update occurred in the second preceding tax year, the recognized
valuation equals the district's total taxable value for the preceding tax year
minus one-third times the increase in the carryover value from the third
preceding tax year to the second preceding tax year.
(3) For a school district located in a county in which a reappraisal or
triennial update occurred in the third preceding tax year, the recognized
valuation equals the district's total taxable value for the preceding tax
year.
Sec. 3317.02. As used in this chapter:
(A) Unless otherwise specified,
"school district" means
city,
local, and exempted village school districts.
(B)
"Formula amount" means the base cost for the fiscal year
specified in division (B)(4) of section 3317.012 of the
Revised Code.
(C)
"FTE basis" means a
count of students based on full-time
equivalency, in accordance
with rules adopted by the department of
education pursuant to
section 3317.03 of the Revised Code. In
adopting its rules under this
division, the department shall
provide for
counting any student in category one, two,
three,
four, five, or six
special
education ADM or in category one or two
vocational
education
ADM in the same proportion the student is
counted in
formula ADM.
(D)
"Formula
ADM" means, for a city, local, or exempted
village school
district, the number reported pursuant to
division
(A) of section 3317.03 of the Revised Code, and for a joint
vocational school district, the number reported pursuant to
division
(D) of section 3317.03 of the Revised Code. Beginning in fiscal year 2006 2007, for payments in which formula ADM is a factor, for the months of July through December, the formula ADM means for each school district for the fiscal year is the sum of one-half of the number reported in for October of that fiscal year, and for the months of January through June, formula ADM means plus one-half of the average of the numbers reported in the previous for October and in February of that fiscal year.
(E)
"Three-year average formula ADM" means the average of
formula ADMs for the
current and preceding two fiscal years.
(F)(1)
"Category one
special education ADM" means
the
average
daily membership of handicapped children receiving
special
education services for
the handicap
specified in
division (A)
of
section 3317.013 of the
Revised Code and reported
under
division
(B)(5) or
(D)(2)(b) of section 3317.03 of the
Revised
Code. Beginning in fiscal year 2007, the district's category one special education ADM for a fiscal year is the sum of one-half of the number reported for October of that fiscal year plus one-half of the average of the numbers reported for October and February of that fiscal year.
(2)
"Category two
special education ADM" means
the average
daily membership of handicapped children receiving
special
education services for those handicaps specified in
division (B)
of section 3317.013 of the Revised Code and reported under
division (B)(6) or (D)(2)(c) of section 3317.03 of
the Revised
Code. Beginning in fiscal year 2007, the district's category two special education ADM for a fiscal year is the sum of one-half of the number reported for October of that fiscal year plus one-half of the average of the numbers reported for October and February of that fiscal year.
(3)
"Category three special education ADM" means
the average
daily membership of students receiving special
education services
for
those handicaps specified in division (C) of section 3317.013
of the Revised Code, and
reported
under division
(B)(7) or
(D)(2)(d) of section 3317.03 of
the
Revised Code. Beginning in fiscal year 2007, the district's category three special education ADM for a fiscal year is the sum of one-half of the number reported for October of that fiscal year plus one-half of the average of the numbers reported for October and February of that fiscal year.
(4)
"Category four special
education ADM" means the average
daily membership of students
receiving special education services
for those handicaps specified
in division (D) of section 3317.013
of the Revised Code and
reported under division (B)(8) or
(D)(2)(e) of section 3317.03 of
the Revised Code. Beginning in fiscal year 2007, the district's category four special education ADM for a fiscal year is the sum of one-half of the number reported for October of that fiscal year plus one-half of the average of the numbers reported for October and February of that fiscal year.
(5) "Category five special education ADM" means the average
daily membership of students receiving special education services
for the handicap specified in division (E) of section 3317.013
of
the Revised Code and reported under division (B)(9) or
(D)(2)(f)
of section 3317.03 of the Revised Code. Beginning in fiscal year 2007, the district's category five special education ADM for a fiscal year is the sum of one-half of the number reported for October of that fiscal year plus one-half of the average of the numbers reported for October and February of that fiscal year.
(6) "Category six special education ADM" means the average
daily membership of students receiving special education services
for the handicap specified in division (F) of section 3317.013
of
the Revised Code and reported under division (B)(10) or
(D)(2)(g)
of section 3317.03 of the Revised Code. Beginning in fiscal year 2007, the district's category six special education ADM for a fiscal year is the sum of one-half of the number reported for October of that fiscal year plus one-half of the average of the numbers reported for October and February of that fiscal year.
(7) "Category one vocational education ADM"
means the
average
daily membership of students receiving vocational
education
services described in division (A) of section 3317.014
of the
Revised Code and reported under division (B)(11) or
(D)(2)(h)
of
section 3317.03 of the Revised Code. Beginning in fiscal year 2007, the district's category one vocational education ADM for a fiscal year is the sum of one-half of the number reported for October of that fiscal year plus one-half of the average of the numbers reported for October and February of that fiscal year.
(8)
"Category two vocational education ADM" means the
average
daily membership of students receiving vocational
education
services
described in division (B) of section 3317.014
of the
Revised Code and reported
under division (B)(12) or
(D)(2)(i) of
section
3317.03 of the Revised Code. Beginning in fiscal year 2007, the district's category two vocational education ADM for a fiscal year is the sum of one-half of the number reported for October of that fiscal year plus one-half of the average of the numbers reported for October and February of that fiscal year.
Beginning in fiscal year 2006, for payments in which category one through six special education ADM or category one or two vocational education ADM is a factor, for the months of July through December, those terms mean the numbers as described in division (F)(1) through (8) of this section, respectively, reported in October of that year, and for the months of January through June, those terms mean the average of the numbers as described in division (F)(1) through (8) of this section, respectively, reported in the previous October and in February.
(G)
"Handicapped preschool child" means a
handicapped child,
as defined in section 3323.01 of the
Revised Code, who is at least
age three
but is not of compulsory school age, as defined in
section
3321.01 of the Revised Code, and who is not currently
enrolled in
kindergarten.
(H)
"County MR/DD board" means a county
board of mental
retardation and developmental
disabilities.
(I)
"Recognized valuation" means the
amount calculated for a
school district pursuant to section
3317.015 of the Revised Code.
(J)
"Transportation ADM" means the number of
children
reported under division
(B)(13) of section 3317.03 of the
Revised
Code.
(K)
"Average efficient transportation use cost per
student"
means a statistical representation of
transportation costs as
calculated under division (D)(2) of section 3317.022 of the
Revised Code.
(L)
"Taxes charged and payable" means the taxes charged
and
payable against real and public utility property after making
the
reduction required by section 319.301 of the Revised Code,
plus
the taxes levied against tangible personal property.
(M)
"Total taxable value" means the sum
of the amounts
certified for a city, local, exempted village, or
joint vocational
school district under divisions (A)(1) and (2)
of section 3317.021
of the Revised Code.
(N)
"Cost-of-doing-business factor" means the amount
indicated in division (N)(1) or (2) of this section for the county in which a city,
local,
exempted village, or joint vocational school district is located.
If a
city, local, or exempted village school
district is located
in
more than one county,
the factor is the amount indicated for
the
county to which the
district is assigned by the state
department
of education. If a joint
vocational school district is
located in
more than one county, the factor is
the amount
indicated for the
county in which the joint vocational school with
the greatest
formula ADM operated by the district is
located.
(1) In fiscal year 2006, the cost-of-doing-business factor for each county is:
|
|
COST-OF-DOING-BUSINESS |
|
COUNTY |
FACTOR AMOUNT |
|
Adams |
1.00233 |
|
Allen |
1.01373 |
|
Ashland |
1.01980 |
|
Ashtabula |
1.02647 |
|
Athens |
1.00093 |
|
Auglaize |
1.01647 |
|
Belmont |
1.00427 |
|
Brown |
1.01180 |
|
Butler |
1.04307 |
|
Carroll |
1.00913 |
|
Champaign |
1.02973 |
|
Clark |
1.02980 |
|
Clermont |
1.03607 |
|
Clinton |
1.02193 |
|
Columbiana |
1.01427 |
|
Coshocton |
1.01153 |
|
Crawford |
1.01093 |
|
Cuyahoga |
1.04173 |
|
Darke |
1.02253 |
|
Defiance |
1.00973 |
|
Delaware |
1.03520 |
|
Erie |
1.02587 |
|
Fairfield |
1.02440 |
|
Fayette |
1.02127 |
|
Franklin |
1.04053 |
|
Fulton |
1.0220 |
|
Gallia |
1.00000 |
|
Geauga |
1.03340 |
|
Greene |
1.02960 |
|
Guernsey |
1.00440 |
|
Hamilton |
1.05000 |
|
Hancock |
1.01433 |
|
Hardin |
1.02373 |
|
Harrison |
1.00493 |
|
Henry |
1.02120 |
|
Highland |
1.00987 |
|
Hocking |
1.01253 |
|
Holmes |
1.01187 |
|
Huron |
1.01953 |
|
Jackson |
1.00920 |
|
Jefferson |
1.00487 |
|
Knox |
1.01860 |
|
Lake |
1.03493 |
|
Lawrence |
1.00540 |
|
Licking |
1.02540 |
|
Logan |
1.02567 |
|
Lorain |
1.03433 |
|
Lucas |
1.02600 |
|
Madison |
1.03253 |
|
Mahoning |
1.02307 |
|
Marion |
1.02040 |
|
Medina |
1.03573 |
|
Meigs |
1.00173 |
|
Mercer |
1.01353 |
|
Miami |
1.02740 |
|
Monroe |
1.00333 |
|
Montgomery |
1.03020 |
|
Morgan |
1.00593 |
|
Morrow |
1.02007 |
|
Muskingum |
1.00847 |
|
Noble |
1.00487 |
|
Ottawa |
1.03240 |
|
Paulding |
1.00767 |
|
Perry |
1.01067 |
|
Pickaway |
1.02607 |
|
Pike |
1.00687 |
|
Portage |
1.03147 |
|
Preble |
1.02947 |
|
Putnam |
1.01440 |
|
Richland |
1.01327 |
|
Ross |
1.01007 |
|
Sandusky |
1.02140 |
|
Scioto |
1.00080 |
|
Seneca |
1.01487 |
|
Shelby |
1.01853 |
|
Stark |
1.01700 |
|
Summit |
1.03613 |
|
Trumbull |
1.02340 |
|
Tuscarawas |
1.00593 |
|
Union |
1.03333 |
|
Van Wert |
1.00887 |
|
Vinton |
1.00633 |
|
Warren |
1.04387 |
|
Washington |
1.00400 |
|
Wayne |
1.02320 |
|
Williams |
1.01520 |
|
Wood |
1.02400 |
|
Wyandot |
1.01140 |
(2) In fiscal year 2007, the cost-of-doing-business factor for each county is:
|
|
COST-OF-DOING-BUSINESS |
|
COUNTY |
FACTOR AMOUNT |
|
Adams |
1.00117 |
|
Allen |
1.00687 |
|
Ashland |
1.00990 |
|
Ashtabula |
1.01323 |
|
Athens |
1.00047 |
|
Auglaize |
1.00823 |
|
Belmont |
1.00213 |
|
Brown |
1.00590 |
|
Butler |
1.02153 |
|
Carroll |
1.00457 |
|
Champaign |
1.01487 |
|
Clark |
1.01490 |
|
Clermont |
1.01803 |
|
Clinton |
1.01097 |
|
Columbiana |
1.00713 |
|
Coshocton |
1.00577 |
|
Crawford |
1.00547 |
|
Cuyahoga |
1.02087 |
|
Darke |
1.01127 |
|
Defiance |
1.00487 |
|
Delaware |
1.01760 |
|
Erie |
1.01293 |
|
Fairfield |
1.01220 |
|
Fayette |
1.01063 |
|
Franklin |
1.02027 |
|
Fulton |
1.01100 |
|
Gallia |
1.00000 |
|
Geauga |
1.01670 |
|
Greene |
1.01480 |
|
Guernsey |
1.00220 |
|
Hamilton |
1.02500 |
|
Hancock |
1.00717 |
|
Hardin |
1.01187 |
|
Harrison |
1.00247 |
|
Henry |
1.01060 |
|
Highland |
1.00493 |
|
Hocking |
1.00627 |
|
Holmes |
1.00593 |
|
Huron |
1.00977 |
|
Jackson |
1.00460 |
|
Jefferson |
1.00243 |
|
Knox |
1.00930 |
|
Lake |
1.01747 |
|
Lawrence |
1.00270 |
|
Licking |
1.01270 |
|
Logan |
1.01283 |
|
Lorain |
1.01717 |
|
Lucas |
1.01300 |
|
Madison |
1.01627 |
|
Mahoning |
1.01153 |
|
Marion |
1.01020 |
|
Medina |
1.01787 |
|
Meigs |
1.00087 |
|
Mercer |
1.00677 |
|
Miami |
1.01370 |
|
Monroe |
1.00167 |
|
Montgomery |
1.01510 |
|
Morgan |
1.00297 |
|
Morrow |
1.01003 |
|
Muskingum |
1.00423 |
|
Noble |
1.00243 |
|
Ottawa |
1.01620 |
|
Paulding |
1.00383 |
|
Perry |
1.00533 |
|
Pickaway |
1.01303 |
|
Pike |
1.00343 |
|
Portage |
1.01573 |
|
Preble |
1.01473 |
|
Putnam |
1.00720 |
|
Richland |
1.00663 |
|
Ross |
1.00503 |
|
Sandusky |
1.01070 |
|
Scioto |
1.00040 |
|
Seneca |
1.00743 |
|
Shelby |
1.00927 |
|
Stark |
1.00850 |
|
Summit |
1.01807 |
|
Trumbull |
1.01170 |
|
Tuscarawas |
1.00297 |
|
Union |
1.01667 |
|
Van Wert |
1.00443 |
|
Vinton |
1.00317 |
|
Warren |
1.02193 |
|
Washington |
1.00200 |
|
Wayne |
1.01160 |
|
Williams |
1.00760 |
|
Wood |
1.01200 |
|
Wyandot |
1.00570 |
(O)
"Tax exempt value" of a school district means the
amount
certified for a school district under division (A)(4) of
section
3317.021 of the Revised Code.
(P)
"Potential value" of a school district means the
recognized valuation of a school district plus
the tax
exempt
value
of
the district.
(Q)
"District median income" means the median Ohio
adjusted
gross income certified for a school district. On or before the
first
day of July of each year, the tax commissioner shall certify
to the
department of education for each city, exempted village,
and local school
district the median Ohio adjusted gross income of
the residents of
the school district determined on the basis of
tax returns filed for the
second preceding tax year by the
residents of the district.
(R)
"Statewide median income" means the median district
median
income of all city, exempted village, and local school
districts in the state.
(S)
"Income factor" for a city, exempted village, or local
school
district means the quotient obtained by dividing that
district's median income
by the statewide median income.
(T)
"Medically fragile
child" means a child to whom all of
the following apply:
(1) The child requires the services of a doctor of medicine
or osteopathic medicine at least once a week due to the
instability of the child's medical condition.
(2) The child requires the services of a registered nurse
on
a daily basis.
(3) The child is at risk of institutionalization in a
hospital, skilled nursing facility, or intermediate care facility
for the mentally retarded.
(U) A child may be identified as "other health
handicapped-major" if the child's condition meets the definition
of "other health impaired" established in rules adopted by the
state board of education prior to
July 1, 2001, and if either of the following apply:
(1) The child is identified as having a medical condition
that is among those listed by the superintendent of public
instruction as conditions where a substantial majority of cases
fall within the definition of "medically fragile child." The
superintendent of public instruction shall issue an initial list
no later than September 1, 2001.
(2) The child is determined by the superintendent of public
instruction to be a medically fragile child. A school district
superintendent may petition the superintendent of public
instruction for a determination that a child is a medically
fragile child.
(V) A child may be identified as "other health
handicapped-minor" if the child's condition meets the definition
of "other health impaired" established in rules adopted by the
state board of education prior to
July 1, 2001, but the child's condition does not meet
either of the
conditions specified in division (U)(1) or (2) of
this section.
(W) "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)(G), (P)(L), and (R)(N) of section 3317.024, and sections 3317.029, 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 of the Revised Code, divisions (B), (C), (D), (E), (K), (L), (M), (N), and (O) of section 3317.023, and division (C) of section 3317.20 of the Revised Code.
(X) "Property exemption value" means zero in fiscal year 2006, and in fiscal year 2007 and each fiscal year thereafter, the amount certified for a school district under divisions (A)(6) and (7) of section 3317.021 of the Revised Code.
Sec. 3317.021. (A) On or before the first day of June of
each year, the tax commissioner shall certify to the department
of
education the following information described in divisions (A)(1) to (8) of this section for each city, exempted
village, and local school district, and the information required
by divisions (A)(1) and (2) of this section for each joint
vocational school district, and it shall be used, along with the
information certified under division (B) of this section, in
making the computations for the district under
sections
3317.022, 3317.0216,
and 3317.0217 or
section 3317.16 of the Revised Code:.
(1) The taxable value of real and public utility real
property in the school district subject to taxation in the
preceding tax year, by class and by county of location;.
(2) The taxable value of tangible personal property,
including public utility personal property, subject to taxation
by
the district for the preceding tax year;.
(3)(a) The total property tax rate and total taxes charged
and payable for the current expenses for the preceding tax year
and the total property tax rate and the total taxes charged and
payable to a joint vocational district for the preceding tax year
that are limited to or to the extent apportioned to current
expenses;.
(b) The portion of the amount of taxes charged and payable
reported for each city, local, and exempted village school
district under
division (A)(3)(a) of this section attributable to
a
joint vocational school district.
(4) The value of all real and public utility real property
in the school district exempted from taxation minus both of the
following:
(a) The value of real and public utility real property in
the district owned by the United States government and used
exclusively for a public purpose;
(b) The value of real and public utility real property in
the district exempted from taxation under Chapter 725. or 1728. or
section
3735.67, 5709.40, 5709.41, 5709.62, 5709.63, 5709.632,
5709.73, or 5709.78 of
the Revised Code.
(5) The total
federal adjusted gross income of the
residents
of the school
district, based on tax returns filed by
the
residents of the
district, for the most recent year for which
this
information is
available;.
(6) The sum of the school district compensation value as indicated on the list of exempted property for the preceding tax year under section 5713.08 of the Revised Code as if such property had been assessed for taxation that year and the other compensation value for the school district, minus the amounts described in divisions (A)(6)(c) to (i) of this section. The portion of school district compensation value or other compensation value attributable to an incentive district exemption may be subtracted only once even if that incentive district satisfies more than one of the criteria in divisions (A)(6)(c) to (i) of this section.
(a) "School district compensation value" means the aggregate value of real property in the school district exempted from taxation pursuant to an ordinance or resolution adopted by the legislative authority of a municipal corporation under division (C) of section 5709.40 of the Revised Code or pursuant to a resolution adopted by a board of township trustees or board of county commissioners under, division (C) of section 5709.73, or division (B) of section 5709.78 of the Revised Code, respectively, but not including to the extent that the exempted value results in the charging of payments in lieu of taxes provided required to be paid to the school district under division (D)(1) or (2) of section 5709.40, division (D)(1) of section 5709.73, or division (C)(1) of section 5709.78 of the Revised Code, respectively, as indicated on the list of exempted property for the preceding tax year under section 5713.08 of the Revised Code and as if such property had been assessed for taxation that year, minus the following amounts:
(a) The aggregate value of the improvements to parcels of real property in the school district.
(b) "Other compensation value" means the quotient that results from dividing (i) the dollar value of compensation received by the school district during the preceding tax year pursuant to division (B), (C), or (D) of section 5709.82 of the Revised Code and the amounts received pursuant to an agreement as specified in division (D)(2) of section 5709.40, division (D) of section 5709.73, or division (C) of section 5709.78 of the Revised Code to the extent those amounts were not previously reported or included in division (A)(6)(a) of this section, and so that any such amount is reported only once under division (A)(6)(b) of this section, in relation to exemptions from taxation granted pursuant to an ordinance or resolution adopted under division (C) of section 5709.40, division (C) of section 5709.73, or division (B) of section 5709.78 of the Revised Code, by (ii) the real property tax rate in effect for the preceding tax year for nonresidential/agricultural real property after making the reductions required by section 319.301 of the Revised Code.
(c) The portion of school district compensation value or other compensation value that was exempted from taxation pursuant to such an ordinance or resolution for the preceding tax year, if the ordinance or resolution is adopted prior to January 1, 2006, and the legislative authority or board of township trustees or county commissioners, prior to January 1, 2006, executes a contract or agreement with a developer, whether for-profit or not-for-profit, with respect to the development of a project undertaken or to be undertaken and identified in the ordinance or resolution, and upon which parcels such project is being, or will be, undertaken;
(b) The product determined by multiplying (i) the aggregate value of the improvements to parcels of real property in the school district exempted from taxation pursuant to any such ordinance or resolution, minus the aggregate value of any improvement excluded pursuant to division (A)(6)(a) of this section, by (ii) a fraction, the numerator of which is the difference between (I) the amount of anticipated revenue such school district would have received in the preceding fiscal year if the real property exempted from taxation pursuant to such ordinance or resolution had not been exempted from taxation and (II) the aggregate amount of payments and other compensation received in the preceding fiscal year by the school district pursuant to all agreements between the school district and a legislative authority or board of township trustees or county commissioners that were entered into in relation to such ordinance or resolution, and the denominator of which is the amount of anticipated revenue such school district would have received in the preceding fiscal year if the real property exempted from taxation pursuant to such ordinance or resolution had not been exempted from taxation;
(c) The aggregate value of the improvements to parcels of real property in the school district exempted from taxation (d) The portion of school district compensation value that was exempted from taxation for the preceding tax year and for which payments in lieu of taxes for the preceding tax year were provided to the school district under division (D)(1) of section 5709.40 of the Revised Code.
(e) The portion of school district compensation value that was exempted from taxation for the preceding tax year pursuant to such an ordinance or resolution, if and to the extent that, on or before April 1, 2006, the fiscal officer of the municipal corporation that adopted the ordinance, or of the township or county that adopted the resolution, certifies and provides appropriate supporting documentation to the tax commissioner and the director of development that, based on hold-harmless provisions in any agreement between the school district and the legislative authority of the municipal corporation, board of township trustees, or board of county commissioners that was entered into on or before June 1, 2005, the ability or obligation of the municipal corporation, township, or county to repay bonds, notes, or other financial obligations issued or entered into prior to January 1, 2006, will be impaired, including obligations to or of any other body corporate and politic with whom the legislative authority of the municipal corporation or board of township trustees or county commissioners has entered into an agreement pertaining to the use of service payments derived from the improvements exempted;
(d) The aggregate value of the improvements to parcels of real property in the school district exempted from taxation (f) The portion of school district compensation value that was exempted from taxation for the preceding tax year pursuant to such an ordinance or resolution, if the ordinance or resolution is adopted prior to January 1, 2006, in a municipal corporation with a population that exceeds one hundred thousand, as shown by the most recent federal decennial census, that includes a major employment center and that is adjacent to historically distressed neighborhoods, if the legislative authority of the municipal corporation, the board of township trustees, or the board of county commissioners that exempted the property prepares an economic analysis that demonstrates that all taxes generated within the incentive district accruing to the state by reason of improvements constructed within the district during its existence exceed the amount the state pays the school district under section 3317.022 of the Revised Code attributable to such property exemption from the school district's recognized valuation. The analysis shall be submitted to and approved by the department of development prior to January 1, 2006, and the department shall not unreasonably withhold approval. Approval shall permit use of the aggregate value for the life of the incentive district as designated in the ordinance or resolution creating it.
(e) The aggregate value of the improvements to parcels of real property in the school district exempted from taxation (g) The portion of school district compensation value that was exempted from taxation for the preceding tax year under such an ordinance or resolution, if the ordinance or resolution is adopted prior to January 1, 2006, and if service payments have been pledged to be used for mixed-use riverfront entertainment development in any county with a population that exceeds six hundred thousand, as shown by the most recent federal decennial census;
(f) The aggregate value of the improvements to parcels of real property in the school district exempted from taxation (h) The portion of school district compensation value that was exempted from taxation for the preceding tax year under such an ordinance or resolution, if, prior to January 1, 2006, the legislative authority of a municipal corporation, board of township trustees, or board of county commissioners has pledged service payments for a designated transportation capacity project approved by the transportation review advisory council under Chapter 5512. of the Revised Code;
(g) The aggregate value of the improvements to parcels of real property in the school district exempted from taxation (i) The portion of school district compensation value that was exempted from taxation for the preceding tax year under such an ordinance or resolution if the legislative authority of a municipal corporation, board of township trustees, or board of county commissioners have, by January 1, 2006, pledged proceeds for designated transportation improvement projects that involve federal funds for which the proceeds are used to meet a local share match requirement for such funding.
As used in division (A)(6) of this section, "project" has the same meaning as in section 5709.40 of the Revised Code.
(7) The aggregate value of real property in the school district for which an exemption from taxation is granted by an ordinance or resolution adopted on or after January 1, 2006, under Chapter 725. or 1728., sections 3735.65 to 3735.70, or section 5709.62, 5709.63, 5709.632, 5709.84, or 5709.88 of the Revised Code, as indicated on the list of exempted property for the preceding tax year under section 5713.08 of the Revised Code and as if such property had been assessed for taxation that year, but not including compensation for tax revenue foregone pursuant to an agreement entered into on or after January 1, 2006, under section 5709.82 of the Revised Code, and minus the product determined by multiplying (a) the aggregate value of the real property in the school district exempted from taxation for the preceding tax year under any of the chapters or sections specified in this division, by (b) a fraction, the numerator of which is the difference between (i) the amount of anticipated revenue such school district would have received in for the preceding fiscal tax year if the real property exempted from taxation had not been exempted from taxation and (ii) the aggregate amount of payments in lieu of taxes on the exempt real property for the preceding tax year and other compensation received in for the preceding fiscal tax year by the school district pursuant to any agreements entered into on or after January 1, 2006, under section 5709.82 of the Revised Code between the school district and the legislative authority of a political subdivision that acted under the authority of a chapter or statute specified in this division, that were entered into in relation to such exemption, and the denominator of which is the amount of anticipated revenue such school district would have received in the preceding fiscal year if the real property exempted from taxation had not been exempted.
(8) For each school district receiving payments under division (B) or (C) of section 3317.0216 of the Revised Code during the current fiscal year, as included on the most recent list of such districts sent to the tax commissioner under division (F) of that section, the following:
(a) The portion of the total amount of taxes charged and payable for current expenses certified under division (A)(3)(a) of this section that is attributable to each new levy approved and charged in the preceding tax year and the respective tax rate of each of those new levies;
(b) The portion of the total taxes collected for current expenses under a school district income tax adopted pursuant to section 5748.03 or 5748.08 of the Revised Code, as certified under division (A)(2) of section 3317.08 of the Revised Code, that is attributable to each new school district income tax first effective in the current taxable year or in the preceding taxable year.
(B) On or before the first day of May each year, the tax
commissioner shall certify to the department of education the
total taxable real property value of railroads and, separately,
the total taxable tangible personal property value of all public
utilities for the preceding tax year, by school district and by
county of location.
(C) If a public utility has properly and timely filed a
petition for
reassessment under section 5727.47 of the Revised
Code with respect to an assessment issued
under section 5727.23 of
the Revised Code affecting taxable property
apportioned by the tax
commissioner to a school district, the taxable value of public
utility
tangible personal property
included in the certification
under divisions (A)(2) and (B)
of
this section for the school
district shall include only the amount of taxable
value on the
basis of
which the public utility paid tax for the preceding year
as provided in
division (B)(1) or (2)
of section 5727.47 of the
Revised Code.
(D) If on the basis of the information certified under
division (A) of this section, the department determines that any
district fails in any year to meet the qualification requirement
specified in division (A) of section 3317.01 of the Revised Code,
the department shall immediately request the tax commissioner to
determine the extent to which any school district income tax
levied by the district under Chapter 5748. of the Revised Code
shall be included in meeting that requirement. Within five days
of receiving such a request from the department, the tax
commissioner shall make the determination required by this
division and report the quotient obtained under division
(D)(3)
of
this section to the department. This quotient represents the
number of mills that the department shall include in determining
whether the district meets the qualification requirement of
division (A) of section 3317.01 of the Revised Code.
The tax commissioner shall make the determination required
by
this division as follows:
(1) Multiply one mill times the total taxable value of the
district as determined in divisions (A)(1) and (2) of this
section;
(2) Estimate the total amount of tax liability for the
current tax year under taxes levied by Chapter 5748. of the
Revised Code that are apportioned to current operating expenses
of
the district;
(3) Divide the amount estimated under division (D)(2) of
this section by the product obtained under division (D)(1)
of
this
section.
(E)(1) On or before June 1, 2006, and the first day of June April of each year thereafter, the director of development shall certify report to the department of education and the tax commissioner the total amount amounts of payments received by each city, local, exempted village, or joint vocational school district during for the preceding tax year pursuant to an agreement entered into under division (B) division (D) of section 5709.40, division (D) of section 5709.73, division (C) of section 5709.78, or division (B)(1), (B)(2), (C), or (D) of section 5709.82 of the Revised Code in relation to exemptions from taxation granted pursuant to an ordinance adopted by the legislative authority of a municipal corporation under division (C)(1) of section 5709.40 of the Revised Code, or a resolution adopted by a board of township trustees or board of county commissioners under division (C)(1) of section 5709.73 or division (B)(1) of section 5709.78 of the Revised Code, respectively. On or before April 1, 2006, and the first day of April March of each year thereafter, the treasurer of each city, local, exempted village, or joint vocational school district that has entered into such an agreement shall report to the director of development the total amount amounts of such payments the district received during for the preceding tax year pursuant to each such agreement as provided in this section. The state board of education, in accordance with sections 3319.31 and 3319.311 of the Revised Code, may suspend or revoke the license of a treasurer found to have willfully reported erroneous, inaccurate, or incomplete data under this division.
(2) On or before April 1, 2007, and the first day of April of each year thereafter, the director of development shall report to the department of education and to the tax commissioner the total amounts of payments received by each city, local, exempted village, or joint vocational school district for the preceding tax year pursuant to divisions (B), (C), and (D) of section 5709.82 of the Revised Code in relation to exemptions from taxation granted pursuant to ordinances or resolutions adopted on or after January 1, 2006, under Chapter 725. or 1728., sections 3735.65 to 3735.70, or section 5709.62, 5709.63, 5709.632, 5709.84, or 5709.88 of the Revised Code. On or before March 1, 2007, and the first day of March of each year thereafter, the treasurer of each city, local, exempted village, or joint vocational school district that has entered into such an agreement shall report to the director of development the total amounts of such payments the district received for the preceding tax year as provided by this section. The state board of education, in accordance with sections 3319.31 and 3319.311 of the Revised Code, may suspend or revoke the license of a treasurer found to have willfully reported erroneous, inaccurate, or incomplete data under this division.
Sec. 3317.022. (A) The department of education shall
compute
and distribute state base cost funding to
each school
district for the fiscal year
using
the
information obtained
under section
3317.021 of the Revised
Code in
the calendar year in
which the
fiscal year begins.
(1) Compute the following for each eligible district:
[(cost-of-doing-business factor X the formula amount X formula ADM) + the sum of the base funding supplements prescribed in divisions (C)(1) to (4) of section 3317.012 of the Revised Code] - [.023 x (the sum of recognized valuation and property exemption (value)]
If the difference obtained is a negative number, the
district's computation shall be zero.
(2) Compute both of the following for each school district:
(a) The difference of (i) the district's fiscal year 2005 base cost payment under the version of division (A)(1) of this section in effect in fiscal year 2005, minus (ii) the amount computed for the district for the current fiscal year under current division (A)(1) of this section;
(b) The following amount:
[(fiscal year 2005 base cost payment/fiscal year 2005 formula ADM) X current year formula ADM] minus the amount computed for the district under current division (A)(1) of this section
If one of the amounts computed under division (A)(2)(a) or (b) of this section is a positive amount, the department shall pay the district that amount in addition to the amount calculated under division (A)(1) of this section. If both amounts are positive amounts, the department shall pay the district the lesser of the two amounts in addition to the amount calculated under division (A)(1) of this section.
(3)(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)(3)(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)(3)(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 X the formula amount X formula ADM) + the sum of the base funding supplements prescribed in divisions (C)(1) to (4) of section 3317.012 of the Revised CodeThe 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, twenty-five thousand seven hundred
dollars in fiscal years 2003, 2004, and 2005, and twenty-six thousand five hundred dollars in fiscal years 2006 and 2007;
(ii) For a student in the district's category six special
education ADM, thirty thousand dollars in fiscal year 2002,
thirty thousand eight hundred forty dollars in fiscal years 2003, 2004, and 2005, and thirty-one thousand eight hundred dollars in fiscal years 2006 and 2007.
(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.
(4)(a) As used in this division, the "personnel
allowance"
means
thirty
thousand dollars
in fiscal
years 2002, 2003, 2004, , 2005, 2006, and 2007.
(b) For the provision of speech language pathology 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, provision of speech language pathology services, 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.
(6) In any fiscal year, a school district shall spend for the provision of speech language pathology services not less than the sum of the amount calculated under division (C)(1) of this section for the students in the district's category one special education ADM and the amount calculated under division (C)(4) of this section.
(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)(G) 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) 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 and three-tenths mills times the district's
recognized valuation. 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. 3317.024. 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)(I),
(O)(K), (P)(L), and (R)(N) 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)(G)
and (P)(L) of this
section, to educational service centers as
provided in section
3317.11 of the Revised Code; in the case of
divisions (E),
(M), (D) and (N)(J) of this section, to
county MR/DD
boards; in the case of division (R)(N)
of this section,
to joint
vocational school districts; in the
case of division (K)(H) of this
section, to
cooperative education school districts; and in the
case of division (Q)(M) 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)(B) 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)(C) 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)(D) An amount for the emergency purchase of school buses
as
provided for in section 3317.07 of the Revised Code;
(F)(E) 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)(F) 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)(G) An amount for the approved cost of transporting
eligible pupils with disabilities attending a special education program approved by the department of education 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)(H) 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)(I) 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)(J) 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)(K) 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)(L) 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
July 1, 2001,
plus fifteen
per cent of
that minimum salary
amount, plus two thousand six
hundred
seventy-eight
dollars.
(Q)(M) 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)(N) 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
$47,555 in fiscal
years 2004, 2005, 2006, and 2007.
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)
"Poverty percentage" means 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.
(2)
"Statewide
poverty percentage" means 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.
(3)
"Poverty index"
means the quotient obtained by dividing the
school district's poverty percentage
by the statewide
poverty percentage.
(4) "Poverty student count" means 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;.
(5) "Kindergarten ADM" means the number of
students reported
under section 3317.03 of the Revised Code as enrolled in
kindergarten, excluding any kindergarten students reported under division (B)(3)(e) or (f) of section 3317.03 of the Revised Code.
(6)
"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.
"Kindergarten through third grade ADM" shall not include any students reported under division (B)(3)(e) or (f) of section 3317.03 of the Revised Code.
(7)
"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.
(8)
"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.
(9)
"Buildings with the highest concentration of need"
means
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.
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 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 (K) of this
section to designate buildings
where the
Ohio works first
percentage in those grades equals or
exceeds the
district-wide
Ohio works first percentage.
(B) In addition to the
amounts required to be paid to a
school district under section
3317.022 of the Revised Code,
the department of education shall compute and distribute to each school district for poverty-based assistance the greater of the following:
(1) The amount the
district received in fiscal
year 2005 for disadvantaged pupil impact aid pursuant to Section 41.10 of Am. Sub. H.B. 95 of the 125th General Assembly, as amended, minus the amount deducted from the district under Section 16 of Am. Sub. S.B. 2 of the 125th General Assembly that year for payments to internet- and computer-based community schools;
(2) The sum of the
computations made under divisions (C) to (I) of
this section.
(C) A payment for academic intervention
programs,
if the district's poverty index is greater than or equal to 0.25, calculated as follows:
(1) If the district's poverty index is greater than or equal to 0.25, calculate the district's level one amount for large-group academic intervention for all students as follows:
(a) If the district's poverty index is greater than or equal to 0.25 but less than 0.75:
large-group intervention units X hourly rate X
level one hours X [(poverty index – 0.25)/0.5]
X phase-in percentage
(i) "Large-group intervention units" equals the district's formula ADM divided by 20;
(ii) "Hourly rate" equals $20.00 in fiscal year 2006 and $20.40 in fiscal year 2007;
(iii) "Level one hours" equals 25 hours;
(iv) "Phase-in percentage" equals 0.60 in fiscal year 2006 and 1.00 in fiscal year 2007.
(b) If the district's poverty index is greater than or equal to 0.75:
large-group intervention units X hourly rate X level one hours
X phase-in percentage
Where "large-group intervention units," "hourly rate," "level one hours," and "phase-in percentage" have the same meanings as in division (C)(1)(a) of this section.
(2) If the district's poverty index is greater than or equal to 0.75, calculate the district's level two amount for medium-group academic intervention for all students as follows:
(a) If the district's poverty index is greater than or equal to 0.75 but less than 1.50:
medium-group intervention units X hourly rate X
{level one hours + [25 hours X ((poverty index – 0.75)/0.75)]}X phase-in percentage(i) "Medium group intervention units" equals the district's formula ADM divided by 15;
(ii) "Hourly rate," "level one hours," and "phase-in percentage" have the same meanings as in division (C)(1)(a) of this section.
(b) If the district's poverty index is greater than or equal to 1.50:
medium-group intervention units X hourly rate X level two hours X phase-in percentage
(i) "Medium group intervention units" has the same meaning as in division (C)(2)(a)(i) of this section;
(ii) "Hourly rate" and "phase-in percentage" have the same meanings as in division (C)(1)(a) of this section;
(iii) "Level two hours" equals 50 hours.
(3) If the district's poverty index is greater than or equal to 1.50, calculate the district's level three amount for small-group academic intervention for impoverished students as follows:
(a) If the district's poverty index is greater than or equal to 1.50 but less than 2.50:
small group intervention units X hourly rate X
{level one hours + [level three hours X (poverty index – 1.50)]} X phase-in percentage
(i) "Small group intervention units" equals the quotient of (the district's poverty student count times 3) divided by 10;
(ii) "Hourly rate," "level one hours," and "phase-in percentage" have the same meanings as in division (C)(1)(a) of this section;
(iii) "Level three hours" equals 135 hours.
(b) If the district's poverty index is greater than or equal to 2.50:
small group intervention units X hourly rate X level three hours X phase-in percentage
(i) "Small group intervention units" has the same meaning as in division (C)(3)(a)(i) of this section;
(ii) "Hourly rate" and "phase-in percentage" have the same meanings as in division (C)(1)(a) of this section;
(iii) "Level three hours" equals 160 hours.
Any district that receives funds under division (C)(2) or (3) of this section annually shall submit to the department of education by a date established by the department a plan describing how the district will deploy those funds. The deployment measures described in that plan shall comply with any applicable spending requirements prescribed in division (J)(6) of this section or with any order issued by the superintendent of public instruction under section 3317.017 of the Revised Code.
(D) A payment for all-day kindergarten if the
poverty index of
the school district is greater
than or equal to
1.0 or if the
district's three-year average formula ADM exceeded
seventeen
thousand five hundred. In addition, the department shall make a payment under this division to any school district that, in a prior fiscal year, qualified for this payment and provided all-day kindergarten, regardless of changes to the district's poverty index. The department shall calculate the payment under this division 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
poverty index of the school
district as follows:
(a) If the
poverty index of the school district is less than
1.0, the
formula number of teachers is 50.0, which is the
number of
teachers per one thousand students at a student-teacher
ratio
of twenty to one;
(b) If the poverty index of the school
district is greater than
or equal to 1.0, but less than
1.5, the
formula number of teachers is calculated as
follows:
50.0 + {[(poverty index – 1.0)/0.5] X 16.667}Where 50.0 is the number of teachers per one thousand
students at a student-teacher ratio of twenty to one;
0.5 is
the interval from a
poverty index of 1.0 to a
poverty index of
1.5; and 16.667 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 to
one.
(c) If the
poverty index of the school district is greater than
or equal to
1.5, 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
50.0, which is the
number of teachers per one thousand students
at a student-teacher ratio of
twenty 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 compensation. For this purpose, the "statewide average teacher compensation" is $53,680 in fiscal year 2006 and $54,941 in fiscal year 2007, which includes an amount for the value of fringe benefits.
(F) A payment for services to limited English proficient students, if the district's poverty index is greater than or equal to 1.0 and the proportion of its students who are limited English proficient, as reported in 2003 on its school district report issued under section 3302.03 of the Revised Code for the 2002-2003 school year, is greater than or equal to 2.0%, calculated as follows:
(1) If the district's poverty index is greater than or equal to 1.0, but less than 1.75, determine the amount per limited English proficient student as follows:
{0.125 + [0.125 X ((poverty index - 1.0)/0.75)]} X formula amount(2) If the district's poverty index is greater than or equal to 1.75, the amount per limited English proficient student equals:
0.25 X formula amount(3) Multiply the per student amount determined for the district under division (F)(1) or (2) of this section by the number of the district's limited English proficient students, times a phase-in percentage of 0.40 in fiscal year 2006 and 0.70 in fiscal year 2007. For purposes of this calculation, the number of limited English proficient students for each district shall be the number determined by the department when it calculated the district's percentage of limited English proficient students for its school district report card issued in 2003 for the 2002-2003 school year.
Not later than December 31, 2006, the department of education shall recommend to the general assembly and the director of budget and management a method of identifying the number of limited English proficient students for purposes of calculating payments under this division after fiscal year 2007.
(G) A payment for professional development of teachers, if the district's poverty index is greater than or equal to 1.0, calculated as follows:
(1) If the district's poverty index is greater than or equal to 1.0, but less than 1.75, determine the amount per teacher as follows:
[(poverty index – 1.0)/ 0.75] X 0.045 X formula amount(2) If the district's poverty index is greater than or equal to 1.75, the amount per teacher equals:
0.045 X formula amount(3) Determine the number of teachers, as follows:
(formula ADM/17)(4) Multiply the per teacher amount determined for the district under division (G)(1) or (2) of this section by the number of teachers determined under division (G)(3) of this section, times a phase-in percentage of 0.40 in fiscal year 2006 and 0.70 in fiscal year 2007.
(H) A payment for dropout prevention, if the district is a big eight school district as defined in section 3314.02 of the Revised Code, calculated as follows:
0.005 X formula amount X poverty indexX formula ADM X phase-in percentageWhere "phase-in percentage" equals 0.40 in fiscal year 2006 and 0.70 in fiscal year 2007.
(I) An amount for community outreach, if the district is an urban school district as defined in section 3314.02 of the Revised Code, calculated as follows:
0.005 X formula amount X poverty index X formula ADM X phase-in percentageWhere "phase-in percentage" equals 0.40 in fiscal year 2006 and 0.70 in fiscal year 2007.
(J) This division applies only to school districts whose
poverty index is 1.0 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. To satisfy this requirement, a district may use funds paid under division (C), (F), (G), (H), or (I) of this section to provide all-day kindergarten in addition to the all-day kindergarten payment under division (D) of this section.
(2) Each Except as permitted under division (J)(1) of this section, each school district shall use its payment under division (F) of this section for one or more of the following purposes:
(a) To hire teachers for limited English proficient students or other personnel to provide intervention services for those students;
(b) To contract for intervention services for those students;
(c) To provide other services to assist those students in passing the third-grade reading achievement test, and to provide for those students the intervention services required by section 3313.608 of the Revised Code.
(3) Each Except as permitted under division (J)(1) of this section, each school district shall use its payment under division (G) of this section for professional development of teachers or other licensed personnel providing educational services to students only in one or more of the following areas:
(a) Data-based decision making;
(b) Standards-based curriculum models;
(c) Job-embedded professional development activities that are research-based, as defined in federal law.
In addition, each district shall use the payment only to implement programs identified on a list of eligible professional development programs provided by the department of education. The department annually shall provide the list to each district receiving a payment under division (G) of this section. However, a district may apply to the department for a waiver to implement an alternative professional development program in one or more of the areas specified in divisions (J)(3)(a) to (c) of this section. If the department grants the waiver, the district may use its payment under division (G) of this section to implement the alternative program.
(4) Each Except as permitted under division (J)(1) of this section, each big eight school district shall use its payment under division (H) of this section either for preventing at-risk students from dropping out of school, for safety and security measures described in division (J)(5)(b) of this section, for academic intervention services described in division (J)(6) of this section, or for a combination of those purposes. Not later than September 1, 2005, the department of education shall provide each big eight school district with a list of dropout prevention programs that it has determined are successful. The department subsequently may update the list. Each district that elects to use its payment under division (H) of this section for dropout prevention shall use the payment only to implement a dropout prevention program specified on the department's list. However, a district may apply to the department for a waiver to implement an alternative dropout prevention program. If the department grants the waiver, the district may use its payment under division (H) of this section to implement the alternative program.
(5) Each Except as permitted under division (J)(1) of this section, each urban school district that has a poverty index greater than or equal to 1.0 shall use its payment under division (I) of this section for one or a combination of the following purposes:
(a) To hire or contract for community liaison officers, attendance or truant officers, or safety and security personnel;
(b) To implement programs designed to ensure that schools are free of drugs and violence and have a disciplined environment conducive to learning;
(c) To implement academic intervention services
described in division (J)(6) of this section.
(6) Each Except as permitted under division (J)(1) of this section, each school district with a poverty index greater than or equal to 1.0 shall use the amount of its payment under division (C) of this section, and may use any amount of its payment under division (H) or (I) of this section, for academic intervention services 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, including intervention services required by section
3313.608 of the Revised Code. No Except as permitted under division (J)(1) of this section, no district shall spend any portion of its payment under division (C) of this section for any other purpose. Notwithstanding any provision to the contrary in Chapter 4117. of the Revised Code, no collective bargaining agreement entered into after the effective date of this amendment June 30, 2005, shall require use of the payment for any other purpose.
(7) Except as otherwise required by division (K) or
permitted under division (O) of this section,
all remaining funds
distributed under this section to districts with a poverty index greater than or equal to 1.0 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.
(K) Each district
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
(J)(7) of this section, but may
not spend
the money in other buildings unless the fifteen-to-one ratio
required by this division is attained.
(L)(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 (J) 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 (K) 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.
(M)(1) Each school district with a poverty index less than
1.0 and
a three-year average formula ADM exceeding seventeen thousand five
hundred that receives a payment under division (D) of this section 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.
To satisfy this requirement, a district may use funds paid under division (C) or (I) of this section to provide all-day kindergarten in addition to the all-day kindergarten payment under division (D) of this section.
(2) Each Except as permitted under division (M)(1) of this section, each school district with a poverty index less than 1.0 that receives a payment under division (C) of this section shall use its payment under that division in accordance with all requirements of division (J)(6) of this section.
(3) Each Except as permitted under division (M)(1) of this section, each school district with a poverty index less than 1.0 that receives a payment under division (I) of this section shall use its payment under that division for one or a combination of the following purposes:
(a) To hire or contract for community liaison officers, attendance or truant officers, or safety and security personnel;
(b) To implement programs designed to ensure that schools are free of drugs and violence and have a disciplined environment conducive to learning;
(c) To implement academic intervention services
described in division (J)(6) of this section.
(4) Each school district to which division (M)(1), (2), or (3) of this section applies shall expend the
remaining
funds received under this
section, and
any other
district with a
poverty index less than
1.0 shall expend
all funds received
under this
section, for any
of the following
purposes:
(a) The purchase of technology for
instructional purposes for remediation;
(b) All-day kindergarten;
(c) Reduction of class sizes in grades kindergarten through three, as described in division (J)(7) of this section;
(d) Summer school remediation;
(e) Dropout prevention programs approved by the department of education under division (J)(4) of this section;
(f) Guaranteeing that all third graders are
ready to
progress to more advanced work;
(g) Summer education and work programs;
(h) Adolescent pregnancy programs;
(i) Head start, preschool, early childhood education, or early learning programs;
(j) Reading improvement and remediation programs described
by the
department of education;
(k) Programs designed to ensure that schools
are free of
drugs and violence and have a disciplined
environment conducive to
learning;
(l) 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;
(m) School breakfasts provided pursuant to section
3313.813
of the Revised Code.
(N) 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.
(O)(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 (J)(7) 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. 3317.0216. (A) As used in this section:
(1) "Total taxes charged and payable for current
expenses"
means the sum of the taxes charged and payable as
certified under
division (A)(3)(a) of section 3317.021 of the
Revised Code less
any amounts reported under division (A)(3)(b) of that
section,
and
the tax distribution for the preceding year under any school
district income tax levied by the district pursuant to
Chapter
5748. of the Revised Code to the extent the
revenue from the
income tax is allocated or apportioned to current
expenses.
(2)
"Charge-off amount" means two and three-tenths per cent multipled multiplied by (the sum of recognized
valuation and property exemption value).
(3) Until fiscal year 2003, the "actual local share of
special education,
transportation, and vocational education
funding" for any school
district means the sum of the district's
attributed local shares
described in divisions (F)(1) to (3) of
section 3317.022 of the
Revised Code. Beginning in fiscal year
2003, the "actual local share of special education,
transportation, and vocational education funding" means that sum
minus the amount of any excess cost supplement
payment calculated
for the district under division (F) of
section 3317.022 of the
Revised Code.
(4) "Current expense revenues from the tangible property tax replacement fund" means payments received from the school district tangible property tax replacement fund or the general revenue fund under section 5751.21 of the Revised Code for fixed-rate levies for current expenses and for fixed-sum levies for current expenses, including school district emergency levies under sections 5705.194 to 5705.197 of the Revised Code.
(B) Upon receiving the certifications under section 3317.021
of
the Revised Code, the department of education shall determine
for each city,
local, and exempted village school district whether
the
district's charge-off amount is greater than the sum of the district's
total
taxes charged and payable for current
expenses and current expense revenues from the tangible property tax replacement fund, and if
the charge-off amount is greater,
shall pay the district the amount of the
difference. A
payment shall not be
made to any school district
for which the
computation under division
(A) of section 3317.022
of the Revised
Code
equals zero.
(C)(1) If a district's charge-off amount is equal to or
greater
than the sum of its total
taxes charged and
payable for current
expenses and current expense revenues from the tangible property tax replacement fund, the
department shall, in addition to
the payment
required under
division (B) of this section, pay the
district the
amount of
its actual local share of special
education,
transportation, and
vocational
education
funding.
(2) If a district's charge-off amount is less than the sum of its
total
taxes charged and payable for current expenses and current expense revenues from the tangible property tax replacement fund,
the department
shall pay the district any amount by
which
its
actual local share
of
special education,
transportation, and vocational education
funding exceeds the sum of its
total
taxes charged and payable for current
expenses and current expense revenues from the tangible property tax replacement fund minus its
charge-off amount.
(D) If a school district that received a payment under division (B) or (C) of this section in the prior fiscal year is ineligible for payment under those divisions in the current fiscal year, the department shall determine if the ineligibility is the result of a property tax or income tax levy approved by the district's voters to take effect in tax year 2005 or thereafter. If the department determines that is the case, and calculates that the levy causing the ineligibility exceeded by at least one mill the equivalent millage of the prior year's payment under divisions (B) and (C) of this section, the department shall make a payment to the district for the first three years that the district loses eligibility for payment under divisions (B) and (C) of this section, as follows:
(1) In the first year of ineligibility, the department shall pay the district seventy-five per cent of the amount it last paid the district under divisions (B) and (C) of this section.
(2) In the second year of ineligibility, the department shall pay the district fifty per cent of the amount it last paid the district under those divisions.
(3) In the third year of ineligibility, the department shall pay the district twenty-five per cent of the amount it last paid the district under those divisions.
(E) A district that receives payment under division (D) of this section and subsequently qualifies for payment under division (B) or (C) of this section is ineligible for future payments under division (D) of this section.
(F) To enable the department of education to make the determinations and to calculate payments under division (D) of this section, on the effective date of this amendment, and on or before the first day of March of each year thereafter, the department shall send to the tax commissioner a list of school districts receiving payments under division (B) or (C) of this section for the current fiscal year. On or before the first day of the following June, the tax commissioner shall certify to the department of education for those school districts the information required by division (A)(8) of section 3317.021 of the Revised Code.
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. Beginning in fiscal year 2006 2007, each superintendent also shall certify to the state board, for the schools under the superintendent's supervision, the formula ADM for the third first full week in February. If a school under the superintendent's supervision is closed for one or more days during that week due to hazardous weather conditions or other circumstances described in the first paragraph of division (B) of section 3317.01 of the Revised Code, the superintendent may apply to the superintendent of public instruction for a waiver, under which the superintendent of public instruction may exempt the district superintendent from certifying the formula ADM for that school for that week and specify an alternate week for certifying the formula ADM of that school.
The formula ADM 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;
(g) A chartered nonpublic school with a scholarship paid under section 3310.08 of the Revised Code.
(3) Twenty 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.
(5) In Beginning in fiscal year 2007, in the case of the report submitted for the third first full week in February, or the alternative week if specified by the superintendent of public instruction, the number of students reported under division (A)(1) or (2) of this section for the first full week of the preceding October but who since that week have received high school diplomas.
(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 for the same week for which formula ADM is certified:
(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
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:
(a) 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;
(b) 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;
(c) Enrolled in an adjacent or
other school district
under section 3313.98 of the Revised Code;
(d) Enrolled in a
community school
established under Chapter 3314.
of the Revised
Code that is not an internet- or computer-based community school as defined in section 3314.02 of the Revised Code, including any participation in a college
pursuant to Chapter
3365. of the Revised Code while enrolled in such community
school;
(e) Enrolled in an internet- or computer-based community school, as defined in section 3314.02 of the Revised Code, including any participation in a college pursuant to Chapter 3365. of the Revised Code while enrolled in the school;
(f) Enrolled in a chartered nonpublic school with a scholarship paid under section 3310.08 of the Revised Code;
(g) 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, excluding any student reported under division (B)(3)(e) of this section as enrolled in an internet- or computer-based community school, notwithstanding division (C) of section 3317.02 of the Revised Code and division (C)(3) of this section;
(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, excluding any student reported under division (B)(3)(e) of this section as enrolled in an internet- or computer-based community school, notwithstanding division (C) of section 3317.02 of the Revised Code and division (C)(3) of this section;
(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. Beginning in fiscal year 2006 2007, each superintendent also shall certify to the state superintendent the formula ADM for the third first full week in February. If a school operated by the joint vocational school district is closed for one or more days during that week due to hazardous weather conditions or other circumstances described in the first paragraph of division (B) of section 3317.01 of the Revised Code, the superintendent may apply to the superintendent of public instruction for a waiver, under which the superintendent of public instruction may exempt the district superintendent from certifying the formula ADM for that school for that week and specify an alternate week for certifying the formula ADM of that school.
The formula ADM, 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. In Beginning in fiscal year 2007, in the case of the report submitted for the third first week in February, or the alternative week if specified by the superintendent of public instruction, the superintendent of the joint vocational school district may include the number of students reported under division (D)(1) of this section for the first full week of the preceding October but who since that week have received high school diplomas.
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 for the same week for which formula ADM is certified:
(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 or nonpublic 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) or (3) 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 and a parent is not paying tuition for the pupil pursuant to section 3313.6410 of the Revised Code. 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 week
for which the formula ADM is being certified 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. Division (F)(1) of this section does not apply after fiscal year 2005 2006.
(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
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
department shall approve additional units for the fiscal year on
the
basis of such average daily membership. For each unit so
approved, the department 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 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, in the manner prescribed by the superintendent of public instruction, both of the following:
(i) The average daily membership of all handicapped children other than handicapped preschool children receiving services at the institution for each category of handicap described in divisions (A) to (F) of section 3317.013 of the Revised Code;
(ii) The average
daily
membership of all handicapped preschool children in classes or
programs
approved annually by the department of education for unit funding under section 3317.05 of the Revised Code.
(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
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 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 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 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. 3317.051. (A)(1) Notwithstanding sections 3317.05 and
3317.11
of the Revised Code, a unit funded pursuant to division
(P)(L) of section 3317.024 or division (A)(2)
of section
3317.052 of
the Revised Code shall not be approved for
state
funding in one
school
district, including any cooperative
education school
district or any educational service
center, to
the extent that
such unit provides programs in or services to
another district
which receives payment pursuant to section
3317.04 of the
Revised
Code.
(2) Any city, local, exempted village, or
cooperative
education school district or any
educational service center may
combine partial unit eligibility for
handicapped preschool
programs pursuant to
section 3317.05 of the Revised Code, and
such
combined partial units may be approved for state funding in one
school
district or service center.
(B) After units have been initially approved for any
fiscal
year under
section 3317.05 of the Revised Code, no unit shall be
subsequently
transferred
from a school district or educational
service center to another city,
exempted village, local, or
cooperative education school district or
educational
service
center or to an institution or
county MR/DD board solely for the
purpose of reducing the financial
obligations of the school
district in a fiscal year it receives payment
pursuant to section
3317.04 of the Revised Code.
Sec. 3317.053. (A) As used in this section:
(1)
"State share percentage" has the same meaning as in
section 3317.022
of the Revised Code.
(2)
"Dollar amount" means the amount shown in the following
table for the corresponding type of unit:
|
TYPE OF UNIT |
|
DOLLAR AMOUNT |
|
Division (B) of section 3317.05
|
|
|
|
of the Revised Code |
|
$8,334 |
|
Division (C) of that section |
|
$3,234 |
|
Division (E) of that section |
|
$5,550 |
(3)
"Average unit amount" means the amount shown in the
following table for the corresponding type of unit:
|
TYPE OF UNIT |
|
AVERAGE UNIT AMOUNT |
|
Division (B) of section 3317.05 |
|
|
|
of the Revised Code |
|
$7,799 |
|
Division (C) of that section |
|
$2,966 |
|
Division (E) of that section |
|
$5,251 |
(B) In the case of each unit described in division (B),
(C),
or (E) of section
3317.05 of the Revised Code and allocated to a
city, local, or exempted village school district, the
department
of education, in addition to the
amounts specified in division (P)(L)
of
section 3317.024 and sections
3317.052 and 3317.19
of
the
Revised Code, shall
pay a supplemental unit allowance equal to
the
sum of the following amounts:
(1) An amount equal to 50% of the average unit amount for
the unit;
(2) An amount equal to the percentage of the dollar amount
for the unit that
equals the district's state share percentage.
If, prior to the fifteenth day of May of a fiscal year, a
school district's
aid computed under section 3317.022 of the
Revised Code is recomputed
pursuant to section 3317.027 or
3317.028 of the Revised
Code, the department shall also recompute
the district's entitlement to
payment under this section utilizing
a new state share percentage.
Such new state share percentage
shall be determined using the
district's recomputed basic aid
amount pursuant to section
3317.027 or 3317.028 of the Revised
Code. During the last six months of the
fiscal year, the
department shall pay the district a sum equal to one-half of
the
recomputed payment in lieu of one-half the payment otherwise
calculated
under this section.
(C)(1) In the case of each unit allocated to an institution
pursuant to
division (A) of section
3317.05 of the Revised Code,
the
department, in addition to the amount specified in
section
3317.052 of the Revised Code, shall
pay a supplemental
unit
allowance of $7,227.
(2) In the case of each unit described in division (B) of section 3317.05 of the Revised
Code that is allocated to
any entity other than a city, exempted village, or
local school
district, the department, in addition to
the amount specified in
section
3317.052 of the Revised Code, shall pay a
supplemental
unit allowance of $7,799.
(3) In the case of each unit described in division (C)
of section 3317.05 of the Revised
Code and allocated to any
entity other than a city, exempted village, or local
school
district, the department, in addition to the
amounts specified in
section
3317.052 of the Revised Code, shall pay a
supplemental
unit allowance of $2,966.
(4) In the case of each unit described in division (E)
of
section 3317.05 of the Revised Code and allocated
to an
educational service center,
the department, in addition to the
amounts specified
in division (P)(L) of section 3317.024
of the
Revised Code, shall pay a supplemental unit
allowance of
$5,251.
Sec. 3317.06. Moneys paid to school districts under
division
(L)(I) of section 3317.024 of the Revised Code shall
be used
for the
following independent and fully severable purposes:
(A) To purchase such secular textbooks or electronic
textbooks as have
been
approved by the superintendent of public
instruction for use in
public schools in the state and to loan
such textbooks or electronic
textbooks to pupils
attending
nonpublic schools within the district or to their
parents and to
hire clerical personnel to administer such lending
program. Such
loans shall be based upon individual requests
submitted by such
nonpublic school pupils or parents. Such
requests shall be
submitted to the school district in which the
nonpublic school is
located. Such individual requests for the
loan of textbooks or
electronic textbooks shall, for administrative
convenience, be
submitted by the nonpublic school pupil or the pupil's
parent to
the nonpublic school, which shall prepare and submit
collective
summaries of the individual requests to the school district. As
used in this section:
(1) "Textbook" means any book or book
substitute that a
pupil uses as a consumable or
nonconsumable text, text substitute,
or text
supplement in a
particular class or program in the school
the pupil regularly
attends.
(2) "Electronic textbook" means computer software,
interactive
videodisc, magnetic media, CD-ROM, computer
courseware,
local and remote computer assisted instruction,
on-line service, electronic
medium, or other means of conveying
information to the student or otherwise
contributing to the
learning process through electronic means.
(B) To provide speech and hearing diagnostic services to
pupils attending nonpublic schools within the district. Such
service shall be provided in the nonpublic school attended by the
pupil receiving the service.
(C) To provide physician, nursing, dental, and optometric
services to pupils attending nonpublic schools within the
district. Such services shall be provided in the school attended
by the nonpublic school pupil receiving the service.
(D) To provide diagnostic psychological services to pupils
attending nonpublic schools within the district. Such services
shall be provided in the school attended by the pupil receiving
the service.
(E) To provide therapeutic psychological and speech and
hearing services to pupils attending nonpublic schools within the
district. Such services shall be provided in the public school,
in nonpublic schools, in public centers, or in mobile units
located on
or off of the nonpublic premises. If such services are
provided in the public
school or in public centers, transportation
to and from such facilities
shall be provided by the school
district in which the nonpublic
school is located.
(F) To provide guidance and counseling services to pupils
attending nonpublic schools within the district. Such services
shall be provided in the public school, in nonpublic schools, in
public centers, or
in mobile units located on or off of the
nonpublic premises. If such
services are provided in the public
school or in public centers,
transportation to and from such
facilities shall be provided by
the school district in which the
nonpublic school is located.
(G) To provide remedial services to pupils attending
nonpublic schools within the district. Such services shall be
provided in the public school, in nonpublic schools, in public
centers, or in
mobile units located on or off of the nonpublic
premises. If such
services are provided in
the public school or
in public centers, transportation to and
from such facilities
shall be provided by the school district in
which the nonpublic
school is located.
(H) To supply for use by pupils attending nonpublic
schools
within the district such standardized tests and scoring
services
as are in use in the public schools of the state;
(I) To provide programs for children who attend nonpublic
schools within the district and are handicapped children as
defined in division (A) of section 3323.01 of the Revised Code or
gifted children. Such programs shall be provided in the public
school, in nonpublic schools, in public centers, or in mobile
units located
on or
off of
the nonpublic premises. If such
programs are provided in the public school or
in public centers,
transportation to and from such facilities
shall be provided by
the school district in which the nonpublic
school is located.
(J) To hire clerical personnel to assist in the
administration of programs pursuant to divisions (B), (C), (D),
(E), (F), (G), and (I) of this section and to hire supervisory
personnel to supervise the providing of services and textbooks
pursuant to this section.
(K) To purchase
or lease any secular, neutral, and
nonideological
computer software (including site-licensing),
prerecorded
video
laserdiscs, digital video on demand (DVD),
compact discs, and
video cassette cartridges, wide area
connectivity and
related
technology as it relates to internet
access, mathematics or
science
equipment and
materials,
instructional materials, and
school library materials
that are in
general use in the public
schools of the
state and loan such items
to pupils attending
nonpublic schools within the district or to
their parents, and to
hire clerical personnel to administer the
lending program. Only
such items that are incapable of diversion
to
religious
use and
that are susceptible of loan to individual
pupils and are
furnished for the use of individual pupils shall be
purchased and
loaned under this division. As used in this
section,
"instructional
materials" means prepared learning
materials that
are secular, neutral, and
nonideological in
character and are of
benefit to the instruction of school
children, and may include
educational resources and services
developed by the eTech
Ohio
commission.
(L) To purchase
or lease instructional equipment, including
computer
hardware and
related equipment in general use in the
public
schools of the state, for
use
by pupils attending nonpublic
schools within the district and to loan such items to pupils
attending nonpublic schools within the district or to their
parents, and to
hire clerical personnel to administer the lending
program.
(M) To purchase mobile units to be used for the
provision of
services
pursuant to divisions (E), (F), (G),
and (I)
of this
section and to pay for necessary repairs and operating
costs
associated
with these units.
Clerical and supervisory personnel hired pursuant to
division
(J) of this section shall perform their services in the
public
schools, in nonpublic schools, public centers, or mobile units
where
the services are provided to the nonpublic school pupil,
except
that such personnel may accompany pupils to and from the
service sites when necessary to ensure the safety of the children
receiving the services.
All services provided pursuant to this section may be
provided under contract with
educational service centers,
the
department of health, city or general health districts, or
private
agencies whose personnel are properly licensed by an
appropriate
state board or agency.
Transportation of pupils provided pursuant to divisions
(E),
(F), (G), and (I) of this section shall be provided by the
school
district from its general funds and not from moneys paid
to it
under division (L)(I) of section 3317.024 of the Revised
Code unless
a special transportation request is submitted by the
parent of the
child receiving service pursuant to such divisions.
If such an
application is presented to the school district, it
may pay for
the transportation from moneys paid to it under
division (L)(I) of
section 3317.024 of the Revised Code.
No school district shall provide health or remedial
services
to nonpublic school pupils as authorized by this section
unless
such services are available to pupils attending the public
schools
within the district.
Materials, equipment, computer hardware or software,
textbooks,
electronic textbooks, and
health and remedial services
provided for the benefit of
nonpublic school pupils pursuant to
this section and the
admission of pupils to such nonpublic schools
shall be provided
without distinction as to race, creed, color, or
national origin
of such pupils or of their teachers.
No school district shall provide services, materials, or
equipment
that contain religious content for use in
religious
courses, devotional exercises, religious training, or
any other
religious activity.
As used in this section, "parent" includes a person
standing
in loco parentis to a child.
Notwithstanding section 3317.01 of the Revised Code,
payments
shall be made under this section to any city, local, or
exempted
village school district within which is located one or
more
nonpublic elementary or high schools
and any payments made to
school districts under division (L)(I) of section 3317.024 of the
Revised Code for purposes of this
section may be disbursed without
submission to and approval of the
controlling board.
The allocation of payments for materials, equipment,
textbooks, electronic textbooks, health services, and remedial
services to city, local,
and exempted village school districts
shall be on the basis of
the state board of education's estimated
annual average daily
membership in nonpublic elementary and high
schools located in
the district.
Payments made to city, local, and exempted village school
districts under this section shall be equal to specific
appropriations made for the purpose. All interest earned by a
school district on such payments shall be used by the district
for
the same purposes and in the same manner as the payments may
be
used.
The department of education shall adopt guidelines and
procedures under which such programs and services shall be
provided, under which districts shall be reimbursed for
administrative costs incurred in providing such programs and
services, and under which any unexpended balance of the amounts
appropriated by the general assembly to implement this section
may
be transferred to the auxiliary services personnel
unemployment
compensation fund established pursuant to section
4141.47 of the
Revised Code. The department shall also adopt
guidelines and
procedures limiting the purchase and loan of
the items
described
in division (K) of
this section to items that are in general use
in the public
schools of the state, that are incapable of
diversion to
religious use, and that are susceptible to individual
use rather
than classroom use. Within thirty days after the end
of each
biennium, each board of education shall remit to the
department
all moneys paid to it under division (L)(I) of section
3317.024 of the Revised Code and any interest earned on those
moneys that are
not required to pay expenses incurred under this
section during
the biennium for which the money was appropriated
and during
which the interest was earned. If a board of education
subsequently determines that the remittal of moneys leaves the
board with insufficient money to pay all valid expenses incurred
under this section during the biennium for which the remitted
money was appropriated, the board may apply to the department of
education for a refund of money, not to exceed the amount of the
insufficiency. If the department determines the expenses were
lawfully incurred and would have been lawful expenditures of the
refunded money, it shall certify its determination and the amount
of the refund to be made to the director of job and family
services who shall make a refund as
provided in section 4141.47 of
the Revised Code.
Sec. 3317.07. The state board of education shall establish
rules for the purpose of distributing subsidies for the purchase
of school buses under division (E)(D) 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 based on a per pupil allocation for eligible students.
The amount paid to a school district for buses purchased
for transportation of handicapped and nonpublic school pupils
shall be determined by a per pupil allocation based on the number of special education and nonpublic school pupils for whom transportation is provided.
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. 3317.082. As used in this section, "institution"
means a residential facility that receives and cares for children
maintained by the department of youth services and that operates
a school chartered by the state board of education under section
3301.16 of the Revised Code.
(A) On or before the thirty-first day of each January and
July, the superintendent of each institution that during the
six-month period immediately preceding each January or July
provided an elementary or secondary education for any child,
other than a child receiving special education under section
3323.091 of the Revised Code, shall prepare and submit to the
department of education, a statement for each such child
indicating the child's name, any school district responsible to
pay tuition for the child as determined by the superintendent in
accordance with division (C)(2) or (3) of section 3313.64 of the
Revised Code, and the period of time during that six-month period
that the child received an elementary or secondary education. If
any school district is responsible to pay tuition for any such
child, the department of education, no later than the immediately
succeeding last day of February or August, as applicable, shall
calculate the amount of the tuition of the district under section
3317.08 of the Revised Code for the period of time indicated on
the statement and do one of the following:
(1) If the tuition amount is equal to or less than the
amount of state basic aid funds payable to the district under
sections 3317.022 and 3317.023 of the Revised Code, pay to the
institution submitting the statement an amount equal to the
tuition amount, as provided under division (Q)(M) of section
3317.024 of the Revised Code, and deduct the tuition amount from
the state basic aid funds payable to the district, as provided
under division (F)(2) of section 3317.023 of the Revised
Code;
(2) If the tuition amount is greater than the amount of
state basic aid funds payable to the district under sections
3317.022 and 3317.023 of the Revised Code, require the district
to pay to the institution submitting the statement an amount
equal to the tuition amount.
(B) In the case of any disagreement about the school
district responsible to pay tuition for a child pursuant to this
section, the superintendent of public instruction shall make the
determination in any such case in accordance with division (C)(2)
or (3) of section 3313.64 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)(G) 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. 3317.19. (A) As used in this section, "total unit
allowance" means an amount equal to the sum of the following:
(1) The total of the salary allowances for the teachers
employed
in the cooperative education school district for all
units approved
under division (B) or (C) of section 3317.05 of the
Revised Code. The salary allowance for each unit shall equal 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.
(2) Fifteen per cent of the total
computed under division
(A)(1) of this section;
(3) The total of the unit operating allowances for all
approved units. The amount of each allowance shall equal
one of
the following:
(a) Eight thousand twenty-three dollars times the number
of
preschool handicapped units or fraction thereof approved for
the
year under division (B) of section 3317.05 of the Revised
Code;
(b) Two thousand one hundred thirty-two dollars times the
number of units or fraction thereof approved for the year under
division (C) of section 3317.05 of the Revised Code.
(B) The state board of education shall compute and
distribute to each cooperative education school district for each
fiscal year an amount equal to the sum of the following:
(1) An amount equal to the total of the amounts credited
to
the cooperative education school district pursuant to division
(K)
of section 3317.023 of the Revised Code;
(2) The total unit allowance;
(3) An amount for assisting in providing free lunches to
needy children and an amount for assisting needy school districts
in purchasing necessary equipment for food preparation pursuant
to
division (K)(H) of section 3317.024 of the Revised Code.
(C) If a cooperative education school
district has had
additional special education units approved for
the year under
division (F)(2) of section 3317.03 of the
Revised Code, the
district shall
receive an additional amount during the last half
of the fiscal
year. For each unit, the additional amount shall
equal fifty
per cent of the amount computed under division (A)
of
this section for a unit approved under division
(B) of section
3317.05 of the Revised Code.
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 permanent improvements, including
general permanent improvements, or a school district income
tax levied under Chapter 5748. of the Revised Code, the proceeds of either 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 and shall not count toward the limitations on unvoted indebtedness specified in division (G) of that section and in section 3313.372 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 or of a 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 and no 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, except that in the case of a school district income tax that amount shall be rounded up to the nearest one-fourth of one per cent.
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. 3318.37. (A)(1) As used in this section:
(a) "Large land area school district" means a school district with a territory of greater than three hundred 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 seventy-fifth percentiles as determined under section
3318.011 of the Revised Code.
(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.
(2) No school district 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
shall be eligible for assistance
under this
section, unless the district's entire classroom facilities plan consists of only a single building designed to house grades kindergarten through twelve and the district satisfies the conditions prescribed in divisions (A)(3)(a) and (b) of this section.
(3) No school district that participates in the school building assistance expedited local partnership program under section 3318.36 of the Revised Code shall receive assistance under the program established under this section unless 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 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. 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, unless the district's entire classroom facilities plan consists of only a single building designed to house grades kindergarten through twelve.
Sec. 3319.17. (A) As used in this section, "interdistrict
contract" means any contract or agreement entered into by
an educational service center governing board
and another board or other public entity pursuant to
section 3313.17, 3313.841, 3313.842,
3313.843, 3313.91, or 3323.08 of the Revised Code, including any
such contract or agreement for the provision of services funded
under division (L)(I) of section 3317.024 of the Revised Code
or
provided in any unit approved under section 3317.05 of
the Revised Code.
(B) When, for any of the following reasons that apply to
any city, exempted village, local, or joint vocational
school district or any educational service center, the board decides
that it will be necessary to reduce the number of teachers it
employs, it may make a reasonable reduction:
(1) In the case of any district or service center, return to duty of regular
teachers after leaves of absence including leaves provided pursuant to
division (B) of section 3314.10 of the Revised Code, suspension of schools,
territorial changes affecting the district or center, or financial reasons;
(2) In the case of any city, exempted village, local, or
joint vocational school district, decreased enrollment of pupils
in the district;
(3) In the case of any governing board of a
service center providing
any particular service directly to pupils pursuant to one or more
interdistrict contracts requiring such service, reduction in the
total number of pupils the governing board is required to
provide
with the service under all interdistrict contracts as a result of
the termination or nonrenewal of one or more of these
interdistrict contracts;
(4) In the case of any governing board
providing
any particular service that it does not provide directly to
pupils pursuant to one or more interdistrict contracts requiring
such service, reduction in the total level of the service the
governing board is required to provide under all interdistrict
contracts as a result of the termination or nonrenewal of one or
more of these interdistrict contracts.
(C) In making any such reduction, any city, exempted village,
local, or joint vocational school board shall proceed to suspend
contracts in accordance with the recommendation of the
superintendent of schools who shall, within each teaching field
affected, give preference first to teachers on continuing contracts and then
to teachers who have greater seniority. In making any such
reduction, any governing board of a service center shall
proceed to suspend
contracts in accordance with the recommendation of the
superintendent who shall, within each teaching field
or service area affected, give preference first to teachers on
continuing contracts and then to teachers who have greater seniority.
On a case-by-case basis, in lieu of suspending a contract in whole, a board may suspend a contract in part, so that an individual is required to work a percentage of the time the employee otherwise is required to work under the contract and receives a commensurate percentage of the full compensation the employee otherwise would receive under the contract.
The teachers whose continuing contracts are suspended by
any board pursuant to this section shall have the right of
restoration to continuing service status by that board in the
order of seniority of service in the district or service center if and when
teaching positions become vacant or are created for which any of
such teachers are or become qualified. No teacher whose continuing contract has been suspended pursuant to this section shall lose that right of restoration to continuing service status by reason of having declined recall to a position that is less than full-time or, if the teacher was not employed full-time just prior to suspension of the teacher's continuing contract, to a position requiring a lesser percentage of full-time employment than the position the teacher last held while employed in the district or service center.
(D) Notwithstanding any provision to the contrary in Chapter 4117. of the Revised Code, the requirements of this section prevail over any conflicting provisions of agreements between employee organizations and public employers entered into after the effective date of this amendment September 29, 2005.
Sec. 3323.091. (A) The department of mental health, the
department of mental retardation and developmental disabilities,
the department of youth services, and the department of
rehabilitation and correction shall establish and maintain
special
education programs for handicapped children in
institutions under
their jurisdiction according to standards
adopted by the state
board of education.
(B) The superintendent of
each state institution required to provide services under division (A) of this section, and each county MR/DD board,
providing special education for handicapped preschool children under this chapter
may apply to the
state department of education for unit funding,
which shall be
paid in accordance with sections
3317.052
and
3317.053 of the
Revised Code.
The superintendent of each state institution required to provide services under division (A) of this section may apply to the department of education for special education and related services weighted funding for handicapped children other than handicapped preschool children, calculated in accordance with section 3317.201 of the Revised Code.
Each county MR/DD board providing special education for handicapped children other than handicapped preschool children may apply to the department of education for base cost and special education and related services weighted funding calculated in accordance with section 3317.20 of the Revised Code.
(C) In addition to the authorization to apply for state funding described in division (B) of this section, each state institution required to provide services under division (A) of this section is entitled to tuition payments calculated in the manner described in division (C) of this section.
On or before the thirtieth day of June of each year,
the
superintendent of each institution that during the school
year
provided special education pursuant to this section shall
prepare
a statement for each handicapped child under twenty-two
years of
age who has received special education. The statement
shall
contain the child's name data verification code assigned pursuant to division (D)(2) of section 3301.0714 of the Revised Code and the name of the child's school
district of residence. Within sixty days after receipt of such
statement, the department of education shall perform one of the
following:
(1) For any child except a handicapped preschool child
described in division (C)(2) of this section, pay to the
institution submitting the statement an amount equal to the
tuition calculated under division (A) of section 3317.08 of the
Revised Code for the period covered by the statement, and deduct
the same from the amount of state funds, if any, payable under
sections 3317.022 and 3317.023 of the Revised Code, to the
child's
school district of residence or, if the amount of such
state funds
is insufficient, require the child's school district
of residence
to pay the institution submitting the statement an
amount equal to
the amount determined under this division.
(2) For any handicapped preschool child not included in a
unit approved under division (B) of section 3317.05 of the
Revised
Code, perform the following:
(a) Pay to the institution submitting the statement an
amount equal to the tuition calculated under division (B) of
section 3317.08 of the Revised Code for the period covered by the
statement, except that in calculating the tuition under that
section the operating expenses of the institution submitting the
statement under this section shall be used instead of the
operating expenses of the school district of residence;
(b) Deduct from the amount of state funds, if any, payable
under sections 3317.022 and 3317.023 of the Revised Code to the
child's school district of residence an amount equal to the
amount
paid under division (C)(2)(a) of this section.
Sec. 3323.13. (A) If a child who is a school resident of one
school district receives special education from another district,
the board of education of the district providing the education, subject to division (C) of this section,
may require the payment by the board of education of the district
of residence of a sum not to exceed one of the following, as
applicable:
(A)(1) For any child except a handicapped preschool child
described in division (B)(A)(2) of this section, the tuition of the
district providing the education for a child of normal needs of
the same school grade. The determination of the amount of such
tuition shall be in the manner provided for by
division (A) of section 3317.08 of the Revised Code.
(B)(2) For any handicapped preschool child not included in a
unit approved under division (B) of section 3317.05 of the
Revised Code, the tuition of the district providing the education
for the child as calculated under division (B) of section 3317.08
of the Revised Code.
(B) The board of the district of residence may contract with
the board of another district for the transportation of such
child into any school in such other district, on terms agreed
upon by such boards. Upon direction of the state board of
education, the board of the district of residence shall pay for
the child's transportation and the tuition.
(C) The board of education of a district providing the education for a child shall be entitled to require payment from the district of residence under this section or section 3323.14 of the Revised Code only if the district providing the education has done at least one of the following:
(1) Invited the district of residence to send representatives to attend the meetings of the team developing the child's individualized education program;
(2) Received from the district of residence a copy of the individualized education program or a multi-factored evaluation developed for the child by the district of residence;
(3) Informed the district of residence in writing that the district is providing the education for the child.
As used in division (C)(2) of this section, "multi-factored evaluation" means an evaluation, conducted by a multi-disciplinary team, of more than one area of the child's functioning so that no single procedure shall be the sole criterion for determining an appropriate educational program placement for the child.
Sec. 3323.143. If a handicapped child's custodial parent has made a unilateral placement of the child, the parent shall be responsible for payment of tuition to the program or facility the child is attending as a result of that placement as long as the district of residence has offered a free appropriate public education to that child. As used in this section, "unilateral placement" means withdrawing a handicapped child from a program or facility operated by the district of residence or from a program or facility with which the district of residence has arranged for education of the child and instead enrolling that child in another program or facility that is not a home, as defined in section 3313.64 of the Revised Code, or that is not a facility or program available to the child pursuant to an open enrollment policy under section 3313.98 or 3313.983 of the Revised Code.
Sec. 3323.20. On July 1, 2006, and on each first day of July thereafter, the department of education shall electronically report to the general assembly the number of handicapped preschool children who received services for which the department made a payment to any provider during the previous fiscal year, disaggregated according to each category area of handicap described in divisions (A) to (F) of section 3317.013 of the Revised Code, regardless of whether payment for services was based on the multiples prescribed in those divisions developmental deficiency identified by the department for the evaluation of such children.
Sec. 3325.12. Money deposited with the superintendent of the state school for the blind and the superintendent of the state school for the deaf by parents, relatives, guardians, and friends for the special benefit of any pupil shall remain in the hands of the respective superintendent for use accordingly. Each superintendent shall deposit the money into one or more personal deposit funds. Each superintendent shall keep itemized book accounts of the receipt and disposition of the money, which books shall be open at all times to the inspection of the superintendent of public instruction. The superintendent of the state school for the blind and the superintendent of the state school for the deaf each shall adopt rules governing the deposit, transfer, withdrawal, or investment of the money and the investment earnings of the money.
Whenever a pupil ceases to be enrolled in the state school for the blind or the state school for the deaf, if personal money of the pupil remains in the hands of the respective superintendent and no demand is made upon the superintendent by the pupil or the pupil's parent or guardian, the superintendent shall hold the money in a personal deposit fund for a period of at least one year. During that time, the superintendent shall make every effort possible to locate the pupil or the pupil's parent or guardian. If, at the end of this period, no demand has been made for the money held by the state school for the blind, the superintendent of the state school for the blind shall dispose of the money by transferring it to the state school for the blind student activity and work-study fund established by section 3325.11 of the Revised Code. If at the end of this period, no demand has been made for the money held by the state school for the deaf, the superintendent of the state school for the deaf shall dispose of the money by transferring it to the state school for the deaf educational program expenses fund established by section 3325.16 of the Revised Code.
Sec. 3353.02. (A) There is hereby created the eTech Ohio commission as an independent agency to advance education and accelerate the learning of the citizens of this state through technology. The commission shall provide leadership and support in extending the knowledge of the citizens of this state by promoting access to and use of all forms of educational technology, including educational television and radio, radio reading services, broadband networks, videotapes, compact discs, digital video on demand (DVD), and the internet. The commission also 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) The commission shall consist of thirteen members, nine of whom shall be voting members. Six of the voting members shall be representatives of the public. Of the representatives of the public, four shall be appointed by the governor with the advice and consent of the senate, one shall be appointed by the speaker of the house of representatives, and one shall be appointed by the president of the senate. The superintendent of public instruction or a designee of the superintendent, the chancellor of the Ohio board of regents or a designee of the chancellor, and the director of administrative services the office of information technology or a designee of the director shall be ex officio voting members. Of the nonvoting members, two shall be members of the house of representatives appointed by the speaker of the house of representatives and two shall be members of the senate appointed by the president of the senate. The members appointed from each chamber shall not be members of the same political party.
(C) Initial terms of office for members appointed by the governor shall be one year for one member, two years for one member, three years for one member, and four years for one member. At the first meeting of the commission, members appointed by the governor shall draw lots to determine the length of the term each member will serve. Thereafter, terms of office for members appointed by the governor shall be for four years. Terms of office for voting members appointed by the speaker of the house of representatives and the president of the senate shall be for four years. Any member who is a representative of the public may be reappointed by the member's respective appointing authority, but no such member may serve more than two consecutive four-year terms. Such a member may be removed by the member's respective appointing authority for cause.
Any legislative member appointed by the speaker of the house of representatives or the president of the senate who ceases to be a member of the legislative chamber from which the member was appointed shall cease to be a member of the commission. The speaker of the house of representatives and the president of the senate may remove their respective appointments to the commission at any time.
(D) 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 of the term for which the member's predecessor was appointed shall hold office for the remainder of that term. Any appointed member shall continue in office subsequent to the expiration of that member's term until the member's successor takes office or until a period of sixty days has elapsed, whichever occurs first.
(E) Members of the commission shall serve without compensation. The members who are representatives of the public shall be reimbursed, pursuant to office of budget and management guidelines, for actual and necessary expenses incurred in the performance of official duties.
(F) The governor shall appoint the chairperson of the commission from among the commission's voting members. The chairperson shall serve a term of two years and may be reappointed. The commission shall elect other officers as necessary from among its voting members and shall prescribe its rules of procedure.
(G) The commission shall establish advisory groups as needed to address topics of interest and to provide guidance to the commission regarding educational technology issues and the technology needs of educators, learners, and the public. Members of each advisory group shall be appointed by the commission and shall include representatives of individuals or organizations with an interest in the topic addressed by the advisory group.
Sec. 3354.10. (A) All funds under the control of a board
of trustees of a community college district, regardless of the
source thereof, may be deposited by such board to its credit in
banks or trust companies designated by it. Such banks or trust
companies shall furnish security for every such deposit to the
extent and in the manner provided in section 135.18 of the
Revised Code, but no such deposit shall otherwise be subject to
sections 135.01 to 135.21 of the Revised Code. Thereupon, such
funds may be disbursed by the board of trustees for the uses and
purposes of such district. No contract of the board involving
the expenditure of money shall become effective until there is
placed thereon by the treasurer as fiscal officer of the district
the certificate provided for by section 5705.41 of the Revised
Code.
(B) The board of trustees of a community college district
may by resolution provide that moneys of such district be
invested in obligations of such district, in bonds or other
obligations of the United States or those for which the payment
of principal and interest of which the faith of the United States
is pledged, bonds issued by the home owners' loan corporation
pursuant to the "Home Owners Loan Act of 1933," 48 Stat. 128, 12
U.S.C. 1461, and any amendments thereto, bonds of the state, and
bonds of any municipal corporation, village, county, township, or
other political subdivision of the state as to which there is no
default of principal, interest, or coupons. Such investments
shall not be made at a price in excess of the current market
value of such bonds or other interest-bearing obligations. The
board of trustees may by resolution sell such bonds or other
interest-bearing obligations for cash and for a sum not less than
their current market price provide for the investment of district funds. Investments may be made in securities of the United States government or of its agencies or instrumentalities, the treasurer of state's pooled investment program, obligations of this state or any political subdivision of this state, certificates of deposit of any national bank located in this state, written repurchase agreements with any eligible Ohio financial institution that is a member of the federal reserve system or federal home loan bank, money market funds, or bankers acceptances maturing in two hundred seventy days or less which are eligible for purchase by the federal reserve system, as a reserve.
(C) Any community college district is subject to audit by
the auditor of state, who shall furnish to the county or counties
which created the district a copy of the audit report.
Sec. 3357.10. (A) The board of trustees of a technical college
district shall elect a treasurer, who is not a member of the
board, to serve at its pleasure. The treasurer may be the person
serving as secretary under section 3357.06 of the Revised Code.
The treasurer shall be the fiscal officer of the district and
shall receive and disburse all funds of the district under the
direction of the board. No contract of the board involving the
expenditure of money shall become effective until the treasurer
certifies that there are funds of the board otherwise
unappropriated sufficient to provide therefor.
When the treasurer of the district ceases to hold such
office, the treasurer or the treasurer's
legal representatives shall deliver to the
board or to the treasurer's successor all moneys, books,
papers, and other
property of the district in the treasurer's possession as
treasurer. In case
of the death or incapacity of the treasurer, the treasurer's
legal
representatives shall, in like manner, deliver all moneys, books,
papers, and other property of the district to the board or to the
person named as the treasurer's successor.
(B) All funds under the control of a board of trustees of a
technical college district, regardless of the
source of the funds, may be deposited by the board to its credit in banks or
trust companies designated by it. The banks or trust companies shall furnish
security for every deposit to the extent and in the manner
provided in section 135.18 of the Revised Code, but no deposit shall otherwise
be subject
to sections 135.01 to 135.21 of the Revised Code. Funds deposited in
a bank or trust company may be disbursed by the board of trustees for the uses
and purposes of the district.
(C) The board may provide for the investment of district funds. Investments may be made in securities of the United States government or of its agencies or instrumentalities, the treasurer of state's pooled investment program, obligations of this state or any political subdivision of this state, certificates of deposit of any national bank located in this state, written repurchase agreements with any eligible Ohio financial institution that is a member of the federal reserve system or federal home loan bank, money market funds, or bankers acceptances maturing in two hundred seventy days or less which are eligible for purchase by the federal reserve system, as a reserve.
Sec. 3358.06. (A) The treasurer of each state community
college district shall be its fiscal officer, and he the
treasurer shall
receive and disburse all funds under the direction of the college
president. No contract of the college's board of trustees
involving the expenditure of money shall become effective until
the treasurer certifies that there are funds of the board
otherwise uncommitted and sufficient to provide therefor.
When the treasurer ceases to hold the office, he the treasurer
or his the treasurer's
legal representative shall deliver to his the treasurer's
successor or the
president all moneys, books, papers, and other property of the
college.
Before entering upon the discharge of his official duties, the
treasurer shall give bond to the state for the faithful
performance of his official duties and the proper accounting for
all
moneys coming into his the treasurer's care. The amount of the
bond shall be
determined by the board but shall not be for a sum less than the
estimated amount that may come into his the treasurer's control
at any time. The
bond shall be approved by the attorney general.
(B) The board of trustees may provide for the investment of district funds. Investments may be made in securities of the United States government or of its agencies or instrumentalities, the treasurer of state's pooled investment program, obligations of this state or any political subdivision of this state, certificates of deposit of any national bank located in this state, written repurchase agreements with any eligible Ohio financial institution that is a member of the federal reserve system or federal home loan bank, money market funds, or bankers acceptances maturing in two hundred seventy days or less which are eligible for purchase by the federal reserve system, as a reserve.
Sec. 3362.01. (A) There is hereby created a state
university to be known as "Shawnee state university." The
government of Shawnee state university 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 Shawnee state university, and their selection and
terms shall be in accordance with division (B) of this section.
The remaining trustees shall be appointed as follows: one for a
term of one year, one for a term of two years, one for a term of
three years, one for a term of four years, one for a term of five
years, one for a term of six years, one for a term of seven
years, one for a term of eight years, and one for a term of nine
years. Thereafter, terms shall be for nine years. All terms of
office shall commence on the first day of July and end on the
thirtieth day of June. At least five of the trustees, excluding
the two student members, shall be residents of territory that
constitutes the Shawnee state community college district on July 2, 1986.
Each trustee shall hold office from the date of
appointment until the end of the term for which the trustee
was appointed. Any trustee appointed to fill a vacancy occurring prior to the
expiration of the term for which the trustee's predecessor
was appointed shall hold office for the remainder of such term. Any trustee
shall continue in office subsequent to the expiration date of
the trustee's term until 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 more than six years
of such a term shall be eligible for reappointment until a period of four years has elapsed since the last day of the term for which the person previously served.
The trustees shall receive no compensation for their
services but shall be paid their reasonable and 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
Shawnee state university 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 July 1, 1988, and
shall expire on June 30, 1989, and the initial term of office of
the other student member shall commence on July 1, 1988, and
expire on June 30, 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 a student member cannot fulfill 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. 3365.02. There is hereby established the
post-secondary enrollment options program under which a secondary
grade student who is a resident of this state may enroll at a college, on a full- or part-time
basis, and complete nonsectarian courses for high school and
college credit.
Secondary grade students in a nonpublic school may
participate in the post-secondary enrollment options program if
the chief administrator of such school notifies the department of
education by the first day of April prior to the school year in
which the school's students will participate.
The state board of education, after consulting with the
board of regents, shall adopt rules governing the program. The
rules shall include:
(A) Requirements for school districts, community
schools, or participating
nonpublic schools to provide information about the program prior
to the first day of March of each year to all students enrolled
in grades eight through eleven;
(B) A requirement that a student or the student's parent
inform the
district board of education, the governing authority of a community
school, or the nonpublic school administrator
by the thirtieth day of March of the student's intent to
participate in the program during the following school year. The
rule shall provide that any student who fails to notify a
district board, the governing authority of a community
school, or the nonpublic school administrator by the
required date may not participate in the program during the
following school year without the written consent of the district
superintendent, the governing authority of a community
school, or the nonpublic school administrator.
(C) Requirements that school districts and community schools provide
counseling
services to students in grades eight through eleven and
to
their
parents before the students participate in the program under this
chapter to ensure that students and parents are fully aware of
the possible risks and consequences of participation. Counseling
information shall include without limitation:
(2) The process for granting academic credits;
(3) Financial arrangements for tuition, books, materials,
and fees;
(4) Criteria for any transportation aid;
(5) Available support services;
(7) The consequences of failing or not completing a course
in which the student enrolls and the effect of the grade attained
in the course being included in the student's grade point
average, if applicable;
(8) The effect of program participation on the student's
ability to complete the district's, community school's,
or nonpublic school's
graduation requirements;
(9) The academic and social responsibilities of students
and parents under the program;
(10) Information about and encouragement to use the
counseling services of the college in which the student intends
to enroll.
(D) A requirement that the student and the student's parent
sign a
form, provided by the school district or school, stating that they have
received the counseling required by division (C) of this section
and that they understand the responsibilities they must assume in
the program;
(E) The options required by section 3365.04 of the Revised
Code;
(F) A requirement that a student may not enroll in any
specific college course through the program if the student has taken high
school courses in the same subject area as that college course and has failed
to attain a cumulative grade point average of at least 3.0 on a 4.0 scale, or
the equivalent, in such completed high school courses;
(G) A requirement that a student or the student's parent will reimburse the state for the amount of state funds paid to a college for a course in which the student is enrolled under this chapter if the student does not attain a passing final grade in that course.
Sec. 3365.11. (A) If the superintendent of the school district or the chief administrator of the community school in which a participant is enrolled determines that the participant has not attained a passing final grade in a college course in which the participant enrolled under this chapter, the superintendent or chief administrator shall seek reimbursement from the participant or the participant's parent for the amount of state funds paid to the college on behalf of the participant for that college course. The board of education of the school district or the governing authority of the community school, in accordance with division (C) of section 3313.642 of the Revised Code, may withhold grades and credits received by the participant for district or community school courses taken by the participant until the participant or the participant's parent provides reimbursement.
(B) If the chief administrator of the nonpublic school in which a participant is enrolled determines that the participant has not attained a passing final grade in a college course in which the participant enrolled under this chapter, the chief administrator shall seek reimbursement from the participant or the participant's parent for the amount of state funds paid to the college on behalf of the participant for enrollment in that college course. Upon the collection of any funds from a participant or participant's parent under this division, the chief administrator of a nonpublic school shall send an amount equal to the funds collected to the superintendent of public instruction. The superintendent of public instruction shall credit that amount to the general revenue fund.
Sec. 3375.121. (A) In any municipal corporation, not
located in a county library district, which has a population of
not less than twenty-five thousand, and within which there is not
located a main library of a township, municipal, school district,
association, or county free public library, a library district
may be created by a resolution adopted by the legislative
authority of such that municipal corporation. No such resolution
shall be adopted after one year from June 20, 1977. Upon the
adoption of such a resolution, any branches of an existing library
which that are located in such that municipal corporation shall become the
property of the municipal library district created.
The municipal corporation and the board of trustees of the
public library maintaining any existing branches in such that
municipal corporation shall forthwith take appropriate action
transferring all title and interest in all property, both real
and personal, property located in such that municipal corporation in the name
of the library district maintaining such those branches in such that
municipal corporation to the municipal corporation adopting the
appropriate resolution. Upon transfer of such all title and interest
in such that property they, the branches shall become a part of, and be operated by,
the board of library trustees appointed by the mayor.
(B) In any municipal corporation which that has a population of
less than twenty-five thousand and which that has not less than one
hundred thousand dollars available from a bequest for the
establishment of a municipal library, the legislative authority
of such that municipal corporation may adopt, within one year after
June 20, 1977, a resolution creating a library district. Upon
the establishment of any such library district, the board of trustees of
any library operating a branch library in such that municipal
corporation shall not be required to transfer any property to the
newly established library.
(C) The board of library trustees of any library district created
under this section shall be composed of six members. Such Those
trustees shall be appointed by the mayor, to serve without
compensation, for a term of four years. In the first instance,
three of such those trustees shall be appointed for a term of two
years, and three of them shall be appointed for a term of four years. Vacancies shall be
filled by like appointment for the unexpired term. A library
district created under this section shall be governed in
accordance with and exercise such the authority as provided for in
sections 3375.32 to 3375.41 of the Revised Code.
Notwithstanding any contrary provision of section 3.24 of the Revised Code, the president of a board of township trustees may administer the oath of office to a person or persons representing the township on the board of library trustees of any library district created under this section, even if the geographical limits of the library district do not fall within the geographical limits of the township.
(D) Any library district created under this section is
eligible to participate in the proceeds of the county library and
local government support fund in accordance with section 5705.28
of the Revised Code.
(E) A municipal corporation may establish and operate a free
public library regardless of whether the municipal corporation is located in a
county library district or school library district, if all of the following
conditions are met:
(1) The facility in which the library is principally located is
transferred to the municipal corporation from the county library district or
school library district in which it is located prior to January 1,
1996;.
(2) The population of the municipal corporation is less than five hundred
when the library is transferred from the county library district or school
library district to the municipal corporation;.
(3) The municipal corporation does not establish a municipal library
district under this section;.
(4) The library does not receive any proceeds from the county library and local
government support fund under section 5747.48 of the Revised Code.
Sec. 3381.15. (A) The board of county commissioners of any county, the
legislative authority of any municipal corporation, and the board of township
trustees of any township, included within a regional arts and cultural
district may appropriate annually, from moneys to the credit of the general
fund of the county, the municipal corporation, or the township and not
otherwise appropriated, that portion of the expense of the district to be paid
by the county, municipal corporation, or township as provided in the
resolution creating or enlarging the district adopted under section 3381.03 of
the Revised Code, or by any amendment to the resolution.
(B) In addition to the authority granted to a board of county commissioners under division (A) of this section, a board of county commissioners in a county with a population of one million two hundred thousand or more may establish and provide local funding options for the support of arts and cultural organizations operating within the regional arts and cultural district in which the county is included.
Sec. 3381.17. From the funds available therefor from a tax
levy authorized under section 3381.16 or, if applicable, sections 5743.021 and 5743.321 of the Revised Code, a
regional arts and cultural district by action of its board of
trustees shall make annual grants to support the operating or
capital expenses of such of the arts or cultural organizations
located within the territory of the district as the board of
trustees shall determine; provided, however, that not more than
ten per cent of the amount granted in any calendar year shall be
granted to arts and cultural organizations that are not
qualifying arts or cultural organizations; and further provided
that prior to making any grants in any calendar year, the board
of trustees shall afford an opportunity for the presentation,
either in person or in writing, of the suggestions of any area
arts council, as defined in section 757.03 of the Revised Code,
located within the district. Any such grant to an arts or
cultural organization shall be on such terms and conditions as
the board considers advisable.
Sec. 3517.152. (A)(1) There is hereby created
the Ohio elections commission consisting of seven members.
Not later than forty-five days after
August 24, 1995,
the
speaker of the house of representatives and the leader in the senate of the
political party of which the speaker is a member shall jointly submit to the
governor a list of five persons who are affiliated with that political party.
Not later than forty-five days after
August 24, 1995, the
two legislative leaders in the two houses of the general assembly of the major
political party of which the speaker is not a member shall jointly submit to
the governor a list of five persons who are affiliated with the major
political
party of which the speaker is not a member. Not later than fifteen days after
receiving each list, the governor shall appoint three persons from each list
to
the commission. The governor shall appoint one person from each list to a
term
that ends on December 31, 1996, one person from each list to a term
that ends on December 31, 1997, and one person from each list to a
term that ends on December 31, 1998.
Not later than thirty days after the governor appoints these six
members,
they shall, by a majority vote, appoint to the commission a seventh member,
who shall not be affiliated with a political party. If the six members fail
to appoint the seventh member within this thirty-day period, the chief justice
of the supreme court, not later than thirty days after the end of the period
during which the six members were required to appoint a member, shall appoint
the seventh member, who shall not be affiliated with a political party. The
seventh member shall be appointed to a term that ends on December 31,
2001. Terms of the initial members appointed under this division
begin on January 1, 1996.
(2) If a vacancy occurs in the position of the seventh member, who is not
affiliated with a political party, the six remaining members by a majority
vote shall appoint, not later than forty-five days after
the date of the vacancy,
the seventh member of the commission, who shall not be affiliated with a
political party. If these members fail to appoint the seventh member within
this forty-five-day period, the chief justice of the
supreme court, within
fifteen days after the end of this period, shall appoint the seventh member,
who shall not be affiliated with a political party. If a vacancy occurs in
any of the other six positions on the commission, the legislative leaders of
the political party from whose list of persons the member being replaced was
appointed shall submit to the governor, not later than thirty days after the
date of the vacancy, a list of three persons who are affiliated with that
political party. Not later than fifteen days after receiving the list, the
governor, with the advice and consent of the senate,
shall appoint one person from the list to the commission.
(3) At no time shall more than six members of the
commission be affiliated with a political party, and, of these six
members, not more than three shall be affiliated with the same
political party.
(4) In making appointments to the commission, the
governor shall take into consideration the various
geographic areas of this state and shall appoint members
so that those areas are represented on the
commission in a balanced manner, to the extent feasible.
(5) Members of the commission
shall be registered electors and shall be of good moral
character.
(B) Each member of the
Ohio elections commission shall hold office from the date of the member's appointment
until the end of the term for which the member was appointed. A 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. 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. After the initial terms of office provided for in
division (A)(1) of this section, terms of office shall be
for five years.
(C) A vacancy in the Ohio elections
commission may be caused by death, resignation, or three absences
from commission meetings in a calendar year if those
absences are caused by reasons declared invalid by a
vote of five members of the remaining members of the commission.
(D) Each member of the Ohio elections commission while in the
performance of the business of the commission shall be entitled
to receive compensation at the rate of twenty-five thousand
dollars per year. Members shall be reimbursed for
expenses actually and necessarily incurred in the performance of
their duties.
(E) No member of the
Ohio elections commission shall serve more than one full term unless the terms
served are served nonconsecutively.
(F)(1) No member of the
Ohio elections commission shall do or be any of the following:
(a) Hold, or be a candidate for, a public
office;
(b) Serve on a committee supporting or opposing
a candidate or ballot question or issue;
(c) Be an officer of the state central
committee, a county central committee, or a district, city,
township, or other committee of a political party or an
officer of the executive committee of the state central
committee, a county central committee, or a district, city,
township, or other committee of a political party;
(d) Be a legislative agent as defined in
section 101.70 of the Revised Code or an
executive agency lobbyist as defined in section 121.60 of the
Revised Code;
(e) Solicit or be involved in soliciting
contributions on behalf of a candidate, campaign committee,
political party, political action committee, or political contributing entity;
(f) Be in the unclassified service under
section 124.11 of the Revised Code;
(g) Be a person or employee described in
divisions (C)(1) to (15) who is excluded from the definition of public employee pursuant to division (C) of section 4117.01 of the
Revised Code.
(2) No member or employee of the
commission shall make a contribution to, or for the benefit of,
a campaign committee or committee in support of or opposition
to a ballot question or issue, a political party, a legislative campaign fund,
a
political action committee, or a political contributing entity.
(G)(1) The members of the Ohio elections commission shall elect a
chairperson and a
vice-chairperson. At no time shall the
chairperson and vice-chairperson be
affiliated with the same political party. The
chairperson shall serve in that capacity for
one year and shall not serve as chairperson more than
twice during a term as a member of the commission. No two
successive chairpersons shall be affiliated with the
same political party.
(2) The commission shall meet at the call of the
chairperson or upon the written request of a majority of the members. The
meetings and hearings of the commission or a panel of
the commission under sections 3517.153 to 3517.157 of the Revised Code are
subject to section 121.22 of the Revised Code.
(3) The commission shall adopt rules for its procedures
in accordance with Chapter 119. of the Revised
Code. Five of the seven members constitute a quorum. Except
as otherwise provided in this section and in sections
3517.154 to 3517.157 of the Revised Code, no
action shall be taken without the concurrence of a majority of
the members.
(H)(1) The Ohio elections commission shall employ the
technical, professional, and clerical employees that are necessary
for it to carry out its duties.
(2)(a) Notwithstanding section 109.02
of the Revised Code, the commission shall
employ a full-time
attorney, and, as needed, one or more investigatory attorneys to conduct
investigations
for the commission or a panel of the commission. The
commission may employ or contract for the services of
additional attorneys, as needed. The full-time attorney shall do
all of the following:
(i) Serve as the commission's attorney in
regard to all legal matters, including representing the
commission at appeals from a final determination of the
commission, except that the full-time attorney shall not perform
the duties that an investigatory attorney is required or
requested to perform or that another attorney the commission
employs or contracts with for services is required or requested
to perform, and shall not represent the commission in any legal proceeding in
which the commission is a named party;
(ii) At the request of the commission or a
panel of the commission, be present at a hearing held under
sections 3517.154 to 3517.156 of the Revised Code
to rule on the admissibility of evidence and to advise on the
conduct of procedure;
(iii) Perform other duties as required by
rule of the commission.
(b) An attorney employed by or under contract
with the commission shall be licensed to practice law in this
state.
(3)(a) Except as otherwise provided in division
(H)(3)(b) of this section, at least five members of
the commission shall agree on the employment of a person, a
majority of the members shall agree on the discharge of an
employee, and a person employed by the commission shall serve
at the pleasure of the commission.
(b) At least five of the seven members shall agree on the discharge of an
investigatory attorney.
(I) There is hereby created in the state treasury the Ohio elections commission fund. All moneys credited to the fund shall be used solely for the purpose of paying expenses related to the operation of the Ohio elections commission.
Sec. 3701.041. (A) The employee assistance program is
hereby established for the purpose of referring state employees
paid by warrant of the auditor of state director of budget and management who are in need of
medical, social, or other services to providers of those
services.
The director of health, in consultation with the director
of budget and management, shall determine a rate at which the
payrolls of all state agencies with employees paid by warrant of
the auditor of state director of budget and management shall be charged each pay period that is
sufficient to cover the costs of administering the program. The
rate shall be based upon the total number of such employees and
may be adjusted as the director of health, in consultation with
the director of budget and management, considers necessary. All
money collected from the assessment shall be deposited in the
state treasury to the credit of the employee assistance general
services fund, which is hereby created. The fund shall be used
by the director of health to administer the program.
(B) Records of the identity, diagnosis, prognosis, or
treatment of any person that are maintained in connection with
the employee assistance program created in division (A) of this
section are not public records under section 149.43 of the
Revised Code and shall be disclosed only as provided in division
(C) of this section.
(C)(1) Records described in division (B) of this section
may be disclosed with the prior written consent of the person who
is the subject of the record.
(2) Records described in division (B) of this section may
be disclosed with or without the prior written consent of the
person who is the subject of the record under the following
conditions:
(a) To medical personnel to the extent necessary to meet a
bona fide medical emergency;
(b) To qualified personnel for the purpose of conducting
scientific research, management audits, financial audits, or
program evaluation, but the personnel shall not directly or
indirectly identify any person who is the subject of the record
in any report of the research, audit, or evaluation or in any
other manner;
(c) If authorized by an appropriate order of a court of
competent jurisdiction granted after a showing of good cause. In
determining good cause, the court shall weigh the public interest
and the need for disclosure against injury to the person who is
the subject of the record and to the employee assistance program.
Upon granting such an order, the court shall, in determining the
extent to which the disclosure of all or any part of any record
is necessary, impose appropriate safeguards against unauthorized
disclosure.
(D) Except as authorized by a court order described in
division (C)(2)(c) of this section, no record described in
division (B) of this section may be used to initiate or
substantiate criminal charges against the person who is the
subject of the record or to conduct any investigation of such a
person.
Sec. 3701.046. The director of health is authorized to make grants for women's health services from funds appropriated for that purpose by the general assembly.
None of the funds received through
grants for women's health services 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 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 examinations and laboratory testing; breast examinations and patient education on breast cancer; screening for cervical cancer; screening and treatment for sexually transmitted diseases 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 in a medical clinic setting by persons authorized under Chapter. 4731 of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery; authorized under Chapter 4730. of the Revised Code to practice as a physician assistant; licensed under Chapter 4723. of the Revised Code as a registered nurse or licensed practical nurse; or licensed under Chapter 4757. of the Revised Code as a social worker, independent social worker, professional clinical counselor, or professional counselor.
The director shall adopt rules under 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 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, sex, 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) Any charges for services provided by the program 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 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. The director shall issue a single request for proposals for all grants for women's health services. The director shall send a notification of this request for proposals to every local department of health in this state and shall place a notification on the department's web site. The director shall allow at least thirty days after issuing this notification before closing the period to receive applications.
After the closing date for receiving grant applications, the director shall first consider grant applications from 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.
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 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 may make grants to other applicants. Awards to other applicants may be made to those applicants that will offer all eight of the listed women's health services or that will offer all of the services except contraception. No applicant shall be discriminated against in the process of awarding these grant funds because the applicant does not provide contraception.
Sec. 3701.341. (A) The public health council, pursuant to
Chapter 119. and consistent with section 2317.56 of the Revised
Code, shall adopt rules relating to abortions and the following
subjects:
(1) Post-abortion procedures to protect the health of the
pregnant woman;
(3) Pathological reports;
(4)(3) Humane disposition of the product of human conception;
(B) The director of health shall implement the rules and
shall apply to the court of common pleas for temporary or
permanent injunctions restraining a violation or threatened
violation of the rules. This action is an additional remedy not
dependent on the adequacy of the remedy at law.
Sec. 3701.65. (A) There is hereby created in the state treasury
the
"choose life" fund. The fund shall consist of
the
contributions that are paid to the registrar of motor vehicles
by
applicants who voluntarily elect to obtain "choose life"
license
plates pursuant to section 4503.91 of the Revised Code and any money returned to the fund under division (E)(1)(d) of this section. All investment earnings of the fund shall be credited to the fund.
(B)(1) At least annually, the director of health shall distribute the money in the fund to any private, nonprofit organization that is eligible to receive funds under this section and that applies for funding under division (C) of this section.
(2) The director shall distribute the funds based on the county in which the organization applying for funding is located and in proportion to the number of "choose life" license plates issued during the preceding year to vehicles registered in each county. The director shall distribute funds allocated for a county to one or more eligible organizations located in contiguous counties if no eligible organization located within the county applies for funding. Within each county, eligible organizations that apply for funding shall share equally in the funds available for distribution to organizations located within that county.
(C) Any organization seeking funds under this section annually shall apply for distribution of the funds based on the county in which the organization is located. An organization may apply for funding in a contiguous county if it demonstrates that it provides services for pregnant women residing in that contiguous county. The director shall develop an application form and may determine the schedule and procedures that an organization shall follow when annually applying for funds. The application shall inform the applicant of the conditions for receiving and using funds under division (E) of this section. The application shall require evidence that the organization meets all of the following requirements:
(1) Is a private, nonprofit organization;
(2) Is committed to counseling pregnant women about the option of adoption;
(3) Provides services within the state to pregnant women who are planning to place their children for adoption, including counseling and meeting the material needs of the women;
(4) Does not charge women for any services received;
(5) Is not involved or associated with any abortion activities, including counseling for or referrals to abortion clinics, providing medical abortion-related procedures, or pro-abortion advertising;
(6) Does not discriminate in its provision of any services on the basis of race, religion, color, age, marital status, national origin, handicap, gender, or age.
(D) The director shall not distribute funds to an organization that does not provide verifiable evidence of the requirements specified in the application under division (C) of this section and shall not provide additional funds to any organization that fails to comply with division (E) of this section in regard to its previous receipt of funds under this section.
(E)(1) An organization receiving funds under this section shall do all of the following:
(a) Use not more than sixty per cent of the funds distributed to it for the material needs of pregnant women who are planning to place their children for adoption or for infants awaiting placement with adoptive parents, including clothing, housing, medical care, food, utilities, and transportation;
(b) Use not more than forty per cent of the funds distributed to it for counseling, training, or advertising;
(c) Not use any of the funds distributed to it for administrative expenses, legal expenses, or capital expenditures;
(d) Annually return to the fund created under division (A) of this section any unused money that exceeds ten per cent of the money distributed to the organization.
(2) The organization annually shall submit to the director an audited financial statement verifying its compliance with division (E)(1) of this section.
(F) The director, in accordance with Chapter 119. of the Revised Code, shall adopt rules to implement this section.
It is not the intent of the general assembly that the department create a new position within the department to implement and administer this section. It is the intent of the general assembly that the implementation and administration of this section be accomplished by existing department personnel.
Sec. 3701.79. (A) As used in this section:
(1) "Abortion" has the same meaning as in section 2919.11 of the Revised Code.
(2) "Abortion report" means a form completed pursuant to division (C) of this section.
(3) "Ambulatory surgical facility" has the same meaning as in section 3702.30 of the Revised Code.
(4)
"Department" means the department of health.
(5) "Hospital" means any building, structure, institution, or place devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment, and medical or surgical care for three or more unrelated individuals suffering from illness, disease, injury, or deformity, and regularly making available at least clinical laboratory services, diagnostic x-ray services, treatment facilities for surgery or obstetrical care, or other definitive medical treatment. "Hospital" does not include a "home" as defined in section 3721.01 of the Revised Code.
(6) "Physician's office" means an office or portion of an office that is used to provide medical or surgical services to the physician's patients. "Physician's office" does not mean an ambulatory surgical facility, a hospital, or a hospital emergency department.
(7)
"Postabortion care" means care given after the uterus has been evacuated by abortion.
(B) The department shall be responsible for collecting and collating abortion data reported to the department as required by this section.
(C) The attending physician shall complete an individual abortion report for each abortion the physician performs upon a woman. The report shall be confidential and shall not contain the woman's name. The report shall include, but is not limited to, all of the following, insofar as the patient makes the data available that is not within the physician's knowledge:
(2) The name and address of the facility in which the abortion was performed, and whether the facility is a hospital, ambulatory surgical facility, physician's office, or other facility;
(3) The date of the abortion;
(4) All of the following regarding the woman on whom the abortion was performed:
(a) Zip code of residence;
(e) Number of previous pregnancies;
(g) Number of living children;
(h) Number of previously induced abortions;
(i) Date of last induced abortion;
(j) Date of last live birth;
(k) Method of contraception at the time of conception;
(l) Date of the first day of the last menstrual period;
(m) Medical condition at the time of the abortion;
(o) The number of weeks of gestation at the time of the abortion.
(5) The type of abortion procedure performed;
(6) Complications by type;
(7) Type of procedure performed after the abortion;
(8) Type of family planning recommended;
(9) Type of additional counseling given;
(10) Signature of attending physician.
(D) The physician who completed the abortion report under division (C) of this section shall submit the abortion report to the department within fifteen days after the woman is discharged.
(E) The appropriate vital records report or certificate shall be made out after the twentieth week of gestation.
(F) A copy of the abortion report shall be made part of the medical record of the patient of the facility in which the abortion was performed.
(G) Each hospital shall file monthly and annual reports listing the total number of women who have undergone a post-twelve-week-gestation abortion and received postabortion care. The annual report shall be filed following the conclusion of the state's fiscal year. Each report shall be filed within thirty days after the end of the applicable reporting period.
(H) Each case in which a physician treats a post abortion complication shall be reported on a postabortion complication form. The report shall be made upon a form prescribed by the department, shall be signed by the attending physician, and shall be confidential.
(I)(1) Not later than the first day of October of each year, the department shall issue an annual report of the abortion data reported to the department for the previous calendar year as required by this section. The annual report shall include at least the following information:
(a) The total number of induced abortions;
(b) The number of abortions performed on Ohio and out-of-state residents;
(c) The number of abortions performed, sorted by each of the following:
(i) The age of the woman on whom the abortion was performed, using the following categories: under fifteen years of age, fifteen to nineteen years of age, twenty to twenty-four years of age, twenty-five to twenty-nine years of age, thirty to thirty-four years of age, thirty-five to thirty-nine years of age, forty to forty-four years of age, forty-five years of age or older;
(ii) The race and Hispanic ethnicity of the woman on whom the abortion was performed;
(iii) The education level of the woman on whom the abortion was performed, using the following categories or their equivalents: less than ninth grade, ninth through twelfth grade, one or more years of college;
(iv) The marital status of the woman on whom the abortion was performed;
(v) The number of living children of the woman on whom the abortion was performed, using the following categories: none, one, or two or more;
(vi) The number of weeks of gestation of the woman at the time the abortion was performed, using the following categories: less than nine weeks, nine to twelve weeks, thirteen to nineteen weeks, or twenty weeks or more;
(vii) The county in which the abortion was performed;
(viii) The type of abortion procedure performed;
(ix) The number of abortions previously performed on the woman on whom the abortion was performed;
(x) The type of facility in which the abortion was performed;
(xi) For Ohio residents, the county of residence of the woman on whom the abortion was performed.
(2) The report also shall indicate the number and type of the abortion complications reported to the department either on the abortion report required under division (C) of this section or the postabortion complication report required under division (H) of this section.
(3) In addition to the annual report required under division (I)(1) of this section, the department shall make available, on request, the number of abortions performed by zip code of residence.
(J) The director of health shall implement this section and shall apply to the court of common pleas for temporary or permanent injunctions restraining a violation or threatened violation of its requirements. This action is an additional remedy not dependent on the adequacy of the remedy at law.
Sec. 3705.242. (A)(1) The director of health, a person authorized by the director, a local commissioner of health, or a local registrar of vital statistics shall charge and collect a fee of one dollar and fifty cents for each certified copy of a birth record, each certification of birth, and each copy of a death record. The fee is in addition to the fee imposed by section 3705.24 or any other section of the Revised Code. A local commissioner of health or local registrar of vital statistics may retain an amount of each additional fee collected, not to exceed three per cent of the amount of the additional fee, to be used for costs directly related to the collection of the fee and the forwarding of the fee to the treasurer of state. The additional fees collected, but not retained, under division (A)(1) of this section shall be forwarded to the treasurer of state not later than thirty days following the end of each quarter.
(2) On the filing of a divorce decree under section 3105.10 or a decree of dissolution under section 3105.65 of the Revised Code, a court of common pleas shall charge and collect a fee of five dollars and fifty cents. The fee is in addition to any other court costs or fees. The county clerk of courts may retain an amount of each additional fee collected, not to exceed three per cent of the amount of the additional fee, to be used for costs directly related to the collection of the fee and the forwarding of the fee to the treasurer of state. The additional fees collected, but not retained, under division (A)(2) of this section shall be forwarded to the treasurer of state not later than twenty days following the end of each month.
(B) The additional fees collected, but not retained, under this section during each month shall be forwarded not later than the tenth day of the immediately following month to the treasurer of state, who shall deposit the fees forwarded under this section in the state treasury to the credit of the family violence prevention fund, which is hereby created. A person or government entity that fails to forward the fees in a timely manner, as determined by the treasurer of state, shall forward to the treasurer of state, in addition to the fees, a penalty equal to ten per cent of the fees.
The treasurer of state shall invest the moneys in the fund. All earnings resulting from investment of the fund shall be credited to the fund, except that actual administration costs incurred by the treasurer of state in administering the fund may be deducted from the earnings resulting from investments. The amount that may be deducted shall not exceed three per cent of the total amount of fees credited to the fund in each fiscal year. The balance of the investment earnings shall be credited to the fund.
(C) The director of public safety shall use money credited to the fund to provide grants to family violence shelters in Ohio.
Sec. 3718.02. (A) Not later sooner than one year after the effective
date of this section July 1, 2007, the public health council, in accordance
with Chapter 119. of the Revised Code, shall adopt, and
subsequently may amend and rescind, rules of general application
throughout the state to administer this chapter. Rules adopted
under division (A) of this section shall do at least all of the
following:
(1) Require that the appropriate board of health approve or disapprove the use of a sewage treatment system if it is not connected
to a sanitary sewerage system;
(2) Require that a board of health conduct a site evaluation
for any proposed installation of a sewage treatment
system;
(3) Prescribe standards for the siting, design, installation,
operation, monitoring, maintenance, and abandonment
of household
sewage treatment systems that may be used in this state. The standards shall
include at a
minimum all of the following:
(a) Soil absorption specifications;
(b) Specifications for discharging systems that do not conflict with provisions related to the national pollutant discharge elimination system permit program established in section 6111.03 of the Revised Code and rules adopted under it;
(c) Requirements for the maintenance of a system according
to the manufacturer's instructions, if available;
(d) Requirements and procedures under which a person may
demonstrate the required maintenance of a system in lieu of having
an inspection conducted when an inspection otherwise is required.
The rules also shall require that a system that has been or is sited or installed prior to or on the effective date of the rules and that is operating on that date shall be deemed approved unless the system is declared to be a public health nuisance by a board of health.
(4) Prescribe procedures for notification to boards of
health of the approval of a sewage treatment system or components of a system by the director of health under section 3718.04 of the Revised Code;
(5) Prescribe criteria and procedures under which boards of
health shall issue installation and operation permits for sewage treatment systems. The rules shall require as a condition of an installation permit that the installer of a system must warrant that the system was installed in accordance with all applicable rules and design requirements. In addition, the rules shall require a
board of health, not later than sixty days after the issuance of
an installation permit, to certify to the director on a
form provided by the director that the permit was issued.
(6) Require a board of health to inspect a sewage
treatment system not later than eighteen months after its installation to
ensure that the system is operating properly. The rules shall
require a board of health, not later than sixty days after the
inspection, to certify to the director on a form provided by the
director that the inspection was performed.
(7) Require a board of health to register installers,
service providers, and septage haulers that perform work within
the health district; prescribe criteria and procedures for the
registration; and prescribe criteria for a demonstration of competency as a part of the registration;
(8) Prescribe requirements for the collection,
transportation, disposal, and land application of domestic septage in this state
from a sewage treatment system;
(9) Require boards of health to maintain records that are
determined necessary to ascertain compliance with this chapter and
the rules adopted under it;
(10) Require a board of health and the manufacturer of a sewage treatment system, when possible, to provide instructions for the operation
and maintenance of the system. The rules shall authorize the
instructions to be posted on the department of health's web site and the
manufacturer's web site. In addition, the rules shall require a
board of health and a
manufacturer to provide a copy of the
operation and maintenance
instructions, if available, when a board
of health or a
manufacturer receives a
written request for
instructions.
(11) Prescribe criteria for the provision of written evidence of compliance with rules pertaining to household sewage treatment for purposes of sections 711.05 and 711.10 of the Revised Code;
(12) Prescribe minimum criteria and procedures under which
boards of health may establish household sewage treatment district
management programs for the purpose of providing a responsive
approach toward preventing or solving sewage treatment problems
resulting from household sewage treatment systems within the
districts established under the program. For purposes of division
(A)(12) of this section, a board of health may enter into a
contract with any entity to administer a household sewage
treatment district management program.
(13) Prescribe standards for the siting, design, installation, operation, monitoring, maintenance, and abandonment of small flow on-site sewage treatment systems that may be used in this state.
The council may adopt other rules under division (A) of this
section that it determines are necessary to implement this chapter
and to protect the public health and welfare.
At least sixty days prior to adopting a rule under division
(A) of this section, the council shall provide boards of health and any other interested parties an
opportunity to comment on the rule.
(B) In accordance with section 3709.20 or 3709.21 of the
Revised Code, as applicable, and subject to review by and approval
of the director under division (C) of section 3718.05 of the
Revised Code, a board of health may adopt rules necessary for the
public health providing for more stringent standards governing
household sewage treatment systems, installers, service providers,
or septage haulers than those established in rules of the public
health council adopted under division (A) of this section. A
board that intends to adopt such rules shall notify the department
of health of the rules at least ninety days prior to the proposed
date of adoption. The director shall approve or disapprove
any
such proposed rule within ninety days after receiving
notice of
it under this division. If the director fails to approve or disapprove a proposed rule within ninety days after receiving notice of it, the proposed rule shall be deemed approved.
Sec. 3734.57. (A) The following fees are hereby
levied on the transfer or
disposal of
solid wastes in this state:
(1) One dollar per ton on and after July 1, 2003, through June 30, 2008, one-half of the proceeds of which shall be deposited in the state treasury to the credit of the hazardous waste facility management fund created in section 3734.18 of the Revised Code and one-half of the proceeds of which shall be deposited in the state treasury to the credit of the hazardous waste clean-up fund created in section 3734.28 of the Revised Code;
(2) An additional one dollar per ton on
and after
July 1,
2003, through June 30,
2008, the proceeds of which shall be deposited in the state treasury to the credit of the solid waste fund, which is hereby created. The environmental protection agency shall use money in the solid waste fund 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 any rules adopted under them, providing compliance assistance to small businesses, and paying a share of the administrative costs of the environmental protection agency pursuant to section 3745.014 of the Revised Code.
(3) An additional one dollar and fifty cents per ton on and after July 1, 2005, through June 30, 2008, the proceeds of which shall be deposited in the state treasury to the credit of the environmental protection fund created in section 3745.015 of the Revised Code.
In the case of solid wastes that are taken to a solid waste transfer facility located in this state prior to being transported to for disposal at a solid waste disposal facility for disposal located in this state or outside of this state, the fees levied under this division shall be collected by the owner or operator of the transfer facility as a trustee for the state. The amount of fees required to be collected under this division at such a transfer facility shall equal the total tonnage of solid wastes received at the facility multiplied by the fees levied under this division. In the case of solid wastes that are not taken to a solid waste transfer facility located in this state prior to being transported to a solid waste disposal facility, the fees shall be collected by the owner or operator of the solid waste disposal facility as a trustee for the state. The amount of fees required to be collected under this division at such a disposal facility shall equal the total tonnage of solid wastes received at the facility that was not previously taken to a solid waste transfer facility located in this state multiplied by the fees levied under this division. Fees levied under this division do not apply to materials separated from a mixed waste stream for recycling by a generator or materials removed from the solid waste stream through recycling, as "recycling" is defined in rules adopted under section 3734.02 of the Revised Code.
The owner or operator of a solid waste transfer facility or disposal facility, as applicable, shall prepare and file with the director of
environmental protection each month a return indicating the total
tonnage of solid wastes received at the
facility during that month and the total amount of the fees required to be collected under this
division during that month. In addition, the owner or operator of a solid waste disposal facility shall indicate on the return the total tonnage of solid wastes received from transfer facilities located in this state during that month for which the fees were required to be collected by the transfer facilities. The monthly returns shall be filed on a form prescribed by the director. Not later than thirty days after the last day of the
month to which a return applies, the owner or operator shall
mail to the director the return for that month together with the
fees required to be collected under this division during that month as indicated on the return. If the return is filed and the amount of the fees due is paid in a timely manner as required in this division, the owner or operator may retain a discount of three-fourths of one per cent of the total amount of the fees that are required to be paid 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 thirty days after the last day of the month to which the return applies or are not remitted by the last day of an extension approved by the director, the owner or operator shall not retain the three-fourths of one per cent discount and shall pay an
additional ten per cent of the amount of the fees for each
month
that they are late. For purposes of calculating the late fee, the first month in which fees are late begins on the first day after the deadline has passed for timely submitting the return and fees, and one additional month shall be counted every thirty days thereafter.
The owner or operator of a solid waste facility may request a refund or credit of fees levied under this division and remitted to the director that have not been paid to the owner or operator. Such a request shall be made only if the fees have not been collected by the owner or operator, have become a debt that has become worthless or uncollectable for a period of six months or more, and may be claimed as a deduction, including a deduction claimed if the owner or operator keeps accounts on an accrual basis, under the "Internal Revenue Code of 1954," 68A Stat. 50, 26 U.S.C. 166, as amended, and regulations adopted under it. Prior to making a request for a refund or credit, an owner or operator shall make reasonable efforts to collect the applicable fees. A request for a refund or credit shall not include any costs resulting from those efforts to collect unpaid fees.
A request for a refund or credit of fees shall be made in writing, on a form prescribed by the director, and shall be supported by evidence that may be required in rules adopted by the director under this chapter. After reviewing the request, and if the request and evidence submitted with the request indicate that a refund or credit is warranted, the director shall grant a refund to the owner or operator or shall permit a credit to be taken by the owner or operator on a subsequent monthly return submitted by the owner or operator. The amount of a refund or credit shall not exceed an amount that is equal to ninety days' worth of fees owed to an owner or operator by a particular debtor of the owner or operator. A refund or credit shall not be granted by the director to an owner or operator more than once in any twelve-month period for fees owed to the owner or operator by a particular debtor.
If, after receiving a refund or credit from the director, an owner or operator receives payment of all or part of the fees, the owner or operator shall remit the fees with the next monthly return submitted to the director together with a written explanation of the reason for the submittal.
For purposes of computing the fees levied under this division or division (B) of this section, any solid waste transfer or disposal facility that does not use scales as a means of determining gate receipts shall use a conversion factor of three cubic yards per ton of solid waste or one cubic yard per ton for baled waste, as applicable.
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 paid by the customer or a political subdivision to the owner or operator of a solid
waste
transfer or disposal facility notwithstanding the existence of any provision in a contract that the customer or a political subdivision may have with the owner or operator or with a transporter of waste to the facility that would not require or allow such payment.
(B) For the purposes specified in division (G) of this 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.
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. A solid waste
management
district that levies fees under
this division on the basis of cubic yards shall do so in accordance with division (A) of this section.
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.
Prior to the approval of the solid waste management plan of
a 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. The committee shall determine if the resolution has been ratified in the same manner in which it determines if a draft solid waste management plan has been ratified under division (B) of section 3734.55 of the Revised Code.
The committee may amend the schedule of fees levied
pursuant
to a resolution adopted and
ratified under
this division by adopting a resolution
establishing the proposed
amount of the amended fees. The
committee may repeal the fees
levied pursuant to such a
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 new fees to be ratified or the fees to be repealed 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 or of the repeal of the fees. Collection
of any
fees
shall
commence or collection of repealed fees shall cease on the first day of the second month following the
month
in which notification is sent to the owner or operator.
Fees levied under this division also may be established, amended, or repealed by a solid waste management policy committee through the adoption of a new district solid waste management plan, the adoption of an amended plan, or the amendment of the plan or amended plan in accordance with sections 3734.55 and 3734.56 of the Revised Code or the adoption or amendment of a district plan in connection with a change in district composition under section 3734.521 of the Revised Code.
Not later than fourteen days after the director issues an
order approving a district's solid waste management plan, amended plan, or amendment to a plan or amended plan that
establishes, amends, or repeals a schedule of fees levied by the district,
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, if any. 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, 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, if any. Collection of any fees shall commence or collection of repealed fees shall cease on the first
day of the
second month following the month in which notification
is sent to
the owner or operator.
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 repeal 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 repeals 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 repeal 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 repeals 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.
If the schedule of fees that a solid waste management district is levying under divisions (B)(1) to (3) of this section is amended or repealed, the fees in effect immediately prior to the amendment or repeal shall continue to be collected until collection of the amended fees commences or collection of the repealed fees ceases, as applicable, as specified in this division. In the case of a change in district composition, money 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 repealed 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 (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.
(8) The director of environmental protection may issue an order exempting from the fees levied under this section solid wastes, including, but not limited to, scrap tires, that are generated, transferred, or disposed of as a result of a contract providing for the expenditure of public funds entered into by the administrator or regional administrator of the United States environmental protection agency, the director of environmental protection, or the director of administrative services on behalf of the director of environmental protection for the purpose of remediating conditions at a hazardous waste facility, solid waste facility, or other location at which the administrator or regional administrator or the director of environmental protection has reason to believe that there is a substantial threat to public health or safety or the environment or that the conditions are causing or contributing to air or water pollution or soil contamination. An order issued by the director of environmental protection under division (D)(8) of this section shall include a determination that the amount of the fees not received by a solid waste management district as a result of the order will not adversely impact the implementation and financing of the district's approved solid waste management plan and any approved amendments to the plan. Such an order is a final action of the director of environmental protection.
(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 fiscal officer of the township,
as appropriate, in accordance with
those rules.
(F) Moneys received by the treasurer or 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 fiscal officer of the township under that division
shall be paid into the general fund of the township. The
treasurer or other officer of the municipal corporation or
the township fiscal officer, 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 and the fiscal officers 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.
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 Except as provided in division (F) of this section, 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 Except as provided in division (F) of this section, 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.
(F) The owner of a dwelling constructed in a community reinvestment area may file an application for an exemption after the year the construction first became subject to taxation. The application shall be processed in accordance with the procedures prescribed under this section and shall be granted if the construction that is the subject of the application otherwise meets the requirements for an exemption under this section. If approved, the exemption sought in the application first applies in the year the application is filed. An exemption approved pursuant to this division continues only for those years remaining in the period described in division (D)(3) of this section. No exemption may be claimed for any year in that period that precedes the year in which the application is filed.
Sec. 3745.114. (A) A person that applies for a section 401 water quality certification under Chapter 6111. of the Revised Code and rules adopted under it shall pay an application fee of two hundred dollars at the time of application plus any of the following fees, as applicable:
(1) If the water resource to be impacted is a wetland, a review fee of five hundred dollars per acre of wetland to be impacted;
(2) If the water resource to be impacted is a stream one of the following fees, as applicable:
(a) For an ephemeral stream, a review fee of five dollars per linear foot of stream to be impacted, or two hundred dollars, whichever is greater;
(b) For an intermittent stream, a review fee of ten dollars per linear foot of stream to be impacted, or two hundred dollars, whichever is greater;
(c) For a perennial stream, a review fee of fifteen dollars per linear foot of stream to be impacted, or two hundred dollars, whichever is greater.
(3) If the water resource to be impacted is a lake, a review fee of three dollars per cubic yard of dredged or fill material to be moved.
(B) One-half of all applicable review fees levied under this section shall be due at the time of application for a section 401 water quality certification. The remainder of the fees shall be paid upon the final disposition of the application for a section 401 water quality certification. The total fee to be paid under this section shall not exceed twenty-five thousand dollars per application. However, if the applicant is a county, township, or municipal corporation in this state, the total fee to be paid shall not exceed five thousand dollars per application.
(C) All money collected under this section shall be transmitted 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.
(D) The fees established under this section do not apply to any state agency as defined in section 119.01 of the Revised Code or to the United States army corps of engineers.
(E) The fees established under this section do not apply to projects that are authorized by the environmental protection agency's general certifications of nationwide permits or general permits issued by the United States army corps of engineers. As used in this division, "general permit" and "nationwide permit" have the same meanings as in rules adopted under Chapter 6111. of the Revised Code.
(F) Coal mining and reclamation operations that are authorized under Chapter 1513. of the Revised Code are exempt from the fees established under this seciton section for one year after the effective date of this seciton the effective date of this amendment.
(G) As used in this section:
(1) "Ephemeral stream" means a stream that flows only in direct response to precipitation in the immediate watershed or in response to the melting of a cover of snow and ice and that has channel bottom that is always above the local water table.
(2) "Intermittent stream" means a stream that is below the local water table and flows for at least a part of each year and that obtains its flow from both surface runoff and ground water discharge.
(3) "Perennial stream" means a stream or a part of a stream that flows continuously during all of the calendar year as a result of ground water discharge or surface water runoff. "Perennial stream" does not include an intermittent stream or an ephemeral stream.
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. 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.
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 2006, and ending on and including June 30, 2005 2007, 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. 3901.383. (A) A
provider and a third-party payer may do
either of
the following:
(A)(1) Enter into a contractual agreement in under which payment of any
amount due
for rendering health care services is to be made by
the
third-party payer within
time periods shorter than those set
forth
in section
3901.381 of the Revised Code are applicable to the third-party payer in paying a claim for any amount due for health care services rendered by the provider;
(B)(2) Enter into a contractual
agreement in under which the timing
of payments by the third-party
payer is not directly related to
the receipt of a
claim form. The contractual
arrangement
may
include periodic
interim payment arrangements,
capitation
payment
arrangements,
or other periodic payment
arrangements
acceptable to
the provider and the
third-party payer. Under a capitation payment
arrangement, the third-party
payer
shall begin paying the
capitated amounts to the
beneficiary's
primary care provider
not
later than sixty days after the date the beneficiary
selects or is
assigned to the provider. Under any other contractual periodic
payment arrangement, the
contractual agreement shall state, with
specificity, the timing
of
payments by the third-party payer.
(B) Regardless of whether a third-party payer is exempted under division (D) of section 3901.3814 from sections 3901.38 and 3901.381 to 3901.3813 of the Revised Code, a provider and the third-party payer, including a third-party payer that provides coverage under the medicaid program, shall not enter into a contractual arrangement under which time periods longer than those provided for in paragraph (c)(1) of 42 C.F.R. 447.46 are applicable to the third-party payer in paying a claim for any amount due for health care services rendered by the provider.
Sec. 3901.3814. Sections 3901.38 and 3901.381 to
3901.3813
of the Revised Code do not apply to the following:
(A) Policies offering coverage that is regulated
under
Chapters 3935. and 3937. of the Revised Code;
(B) An employer's self-insurance plan and any of its
administrators, as defined in section 3959.01 of the Revised Code,
to the extent that federal law supersedes,
preempts, prohibits, or
otherwise precludes the application of any
provisions of those
sections to the plan and its administrators;
(C)(1) A third-party payer for coverage provided under the
medicare advantage program operated under Title
XVIII of the "Social Security Act," 49 Stat. 620 (1935),
42 U.S.C.A. 301, as amended;
(2)(D) A third-party payer for coverage provided under the medicaid program operated under Title XIX of the "Social Security Act," except that if a federal waiver applied for under section 5101.93 5111.178 of the Revised Code is granted or the director of job and family services determines that this provision can be implemented without a waiver, sections 3901.38 and 3901.381 to 3901.3813 of the Revised Code apply to claims submitted electronically or non-electronically that are made with respect to coverage of medicaid recipients by health insuring corporations licensed under Chapter 1751. of the Revised Code., instead of the prompt payment requirements of 42 C.F.R. 447.46;
(D)(E) A third-party payer for coverage provided under the
tricare program offered by the United States department of
defense.
Sec. 3905.43. No person, firm, association, partnership, company, or
corporation shall publish or distribute or receive and print for publication
or distribution any advertising matter in which insurance business is
solicited, unless such advertiser has complied with the laws of this state
regulating the business of insurance, and a certificate of such compliance is
issued by the superintendent of insurance.
Sec. 3917.04. (A)(1) If any employee of a political subdivision
or district of this state, or of an institution supported in
whole or in part by public funds, or any employee of this state,
authorizes in writing the auditor or other proper officer of the
political subdivision, district, or institution, or the state, of
which he the individual is an employee, to deduct from
his the employee's salary or wages the
premium or portion thereof of the premium agreed to be paid by him the employee
to an insurer
authorized to do business in the state for life, endowment,
accident, health, or health and accident insurance, annuities, or
hospitalization insurance, or salary savings plan, such the political
subdivision, district, or institution, or the state of which he the
individual is an employee may deduct from his the employee's
salary or wages such the premium, or portion thereof, of the premium agreed to be paid by said that
employee, and pay the same it to the insurer, provided, that life, endowment,
accident,
health, health and accident, and hospitalization insurance is
offered to the employee on a group basis and also that at least ten
per cent of the employees at any institution, or of any political
subdivision, or in any department, agency, bureau, district,
commission, or board voluntarily elect to participate in such that
group insurance.
Division (A)(1) of this section does not apply to employees paid by warrant of the director of budget and management.
(2) The auditor or other proper official officer of such a political
subdivision, district, or institution, or the state of which he an
individual is an employee may issue warrants covering salary or wage
deductions
which that have been authorized by such the employee in favor of the
insurer and in the amount so authorized by the employee.
(B)(1) The department of administrative services shall only offer employees paid by warrant of the director of budget and management voluntary supplemental benefit plans that are selected through a state-administered request for proposals process. If an employee authorizes the director of administrative services, in writing, to deduct the premium or a portion of the premium agreed to be paid by the employee to a voluntary supplemental benefit plan provider from the employee's salary or wages, the director may deduct this amount from the employee's salary or wages and pay it to the provider. Only those employees enrolled in a voluntary supplemental benefit plan on or before the effective date of this amendment may continue to participate in a plan that was not selected through a state-administered request for proposals process.
(2) The director of budget and management may issue warrants covering salary or wage deductions that have been authorized by employees paid by warrant of the director in favor of the voluntary supplemental benefit plan provider in the amount authorized by those employees.
Sec. 4109.01. As used in this chapter:
(A)
"Employ" means to permit or suffer to work.
(B)
"Employer" means the state, its political subdivisions,
and every person
who employs any individual.
(C)
"Enforcement official" means the director of
commerce or
the
director's authorized representative, the superintendent of
public
instruction or
the superintendent's
authorized
representative, any school attendance officer, any probation
officer, the director of health or the director of health's
authorized
representative, and any
representative of a local
department of health.
(D)
"Minor" means any person less than eighteen years of
age.
(E) "Seasonal amusement or recreational establishment" means both of the following:
(1) An amusement or recreational establishment that does not operate for more than seven months in any calendar year;
(2) An amusement or recreational establishment whose average receipts for any six months during the preceding calendar year were not more than thirty-three and one-third per cent of its average receipts for the other six months of that calendar year.
Sec. 4109.02. (A) Except as provided in division (B) of
this section or in section 4109.06 of the Revised Code, no minor
of compulsory school age shall be employed by any employer unless
the minor presents to the employer a proper age and schooling
certificate as a condition of employment.
A valid certificate constitutes conclusive evidence of the
age of the minor and of the employer's right to employ the minor
in occupations not denied by law to minors of that age under
section 4109.06 of the Revised Code or rules adopted
under that
section.
(B) The following minors Minors aged sixteen or seventeen
are not
required to provide an age and schooling certificate as a
condition
of employment:
(1) Those who if they are to be
employed during summer vacation
months after the last day of the
school term in the spring and
before the first day of the school
term in the fall, in
nonagricultural and nonhazardous employment
as defined by the
"Fair Labor Standards Act of 1938," 52 Stat.
1060, 29 U.S.C.A.
201, and similar state statutes, or in other
employment not
prohibited to minors age sixteen or seventeen by
law;
(2) Unless required by the superintendent of schools of the
school district where the minor resides
or by the chief
administrative officer of the nonpublic or community school the
child attends, those who are to be employed not
more than two
months before
the last day of the school term in the spring and
not more than two months
after the first day of the school term in
the fall by a seasonal amusement or
recreational establishment, on
the condition that the following
are satisfied:
(a) For the period prior to Memorial day and
after Labor day
while school
is in session, they are to be employed only for hours
that occur between the
end of the school day on Friday and eleven
p.m.
on Sunday.
(b) For the period from Memorial day until the last day
of
the school
term in the spring and from the first day of the school
term in the fall until
Labor day, they are to be employed only for
hours that occur between
the end of the school day and nine p.m.
on
Monday through Thursday and only for hours that occur
between
the end of the school day on Friday and eleven
p.m. on Sunday.
(C) To be hired
for the type of employment
described in
division (B) of this section, minors shall
provide the employer
with the following:
(1) Evidence of proof of age in the same manner as proof
of
age is provided the superintendent of schools
or chief
administrative officer under division
(A)(3) of section 3331.02
of
the Revised Code;
(2) A statement signed by the minor's parent or guardian
consenting to the proposed employment. For the purposes of this
section, in
the absence of a
parent or guardian, a person over
eighteen years of age with whom
the minor resides may sign the
statement.
(3) An age and schooling certificate if one is required
under division
(B)(2) of this section by the
superintendent of
schools of the school district where the minor resides
or by the
chief administrative officer of the nonpublic or community school
the child attends.
(D) As used in this section:
(1) "Labor day" and "Memorial day" have the same meanings as
provided for those days in section 1.14 of the Revised Code.
(2) "Seasonal amusement or recreational
establishment" means
both of the following:
(a) An amusement or recreational establishment that does
not
operate for
more than seven months in any calendar year;
(b) An amusement or recreational establishment whose
average
receipts for
any six months during the preceding calendar year
were not more than
thirty-three and one-third per cent of its
average receipts for the other six
months of that calendar year.
Sec. 4109.06. (A) This chapter does not apply to the following:
(1) Minors who are students working on any properly
guarded
machines in the manual training department of any school
when the
work is performed under the personal supervision of an
instructor;
(2) Students participating in a vocational program
approved
by the Ohio department of education;
(3) A minor participating in a play, pageant, or concert
produced by an outdoor historical drama corporation, a
professional traveling theatrical production, a professional
concert tour, or a personal appearance tour as a professional
motion picture star, or as an actor or performer in
motion
pictures or in radio or television productions in accordance with
the rules adopted pursuant to division (A) of section 4109.05 of
the Revised
Code;
(4) The participation, without remuneration of a minor and with
the consent of a parent or guardian, in a performance given by a
church, school, or academy, or at a concert or entertainment
given
solely for charitable purposes, or by a charitable or
religious
institution;
(5) Minors who are employed by their parents in
occupations other than occupations prohibited by rule adopted
under this chapter;
(6) Minors engaged in the delivery of newspapers to the
consumer;
(7) Minors who have received a high school diploma or a
certificate of attendance from an accredited secondary school or
a
certificate of high school equivalence;
(8) Minors who are currently heads of households or are
parents contributing to the support of their children;
(9) Minors engaged in lawn mowing, snow shoveling, and
other
related employment;
(10) Minors employed in agricultural employment in
connection with farms operated by their parents, grandparents, or
guardians where they are members of the guardians' household.
Minors are not exempt from this chapter if they reside in
agricultural labor camps as defined in section 3733.41 of the
Revised Code;
(11) Students participating in a program to serve as precinct officers as authorized by section 3501.22 of the Revised Code.
(B) Sections 4109.02, 4109.08, 4109.09, and 4109.11 of the
Revised Code do not apply to the following:
(1) Minors who work in a sheltered workshop operated by a
county board of mental retardation;
(2) Minors performing services for a nonprofit
organization
where the minor receives no compensation, except for
any expenses
incurred by the minor or except for meals provided
to the minor;
(3) Minors who are employed in agricultural employment and who do
not reside in agricultural labor camps.
(C) Division (D) of section 4109.07 of the Revised Code
does
not apply to minors who have their employment hours
established as
follows:
(1) A minor adjudicated to be an unruly child or
delinquent
child who, as a result of the adjudication, is placed
on probation
may either file a petition in the juvenile court in
whose
jurisdiction the minor resides, or apply to the
superintendent
or
to the chief administrative officer who
issued the minor's age and
schooling
certificate
pursuant to
section 3331.01 of the Revised
Code, alleging the restrictions on
the hours of
employment
described in division (D) of section
4109.07 of the
Revised Code
will cause a substantial hardship or
are not in the minor's
best
interests. Upon receipt of a petition
or application, the
court,
the superintendent,
or the chief
administrative officer, as
appropriate, shall consult with
the
person required to supervise
the minor on probation. If
after
that consultation, the court,
the
superintendent, or the chief
administrative officer finds the
minor has failed to show the
restrictions will result in a
substantial hardship or that the
restrictions are not in the
minor's best
interests, the court,
the superintendent, or the
chief administrative officer shall
uphold the
restrictions. If
after that consultation, the court,
the
superintendent, or the
chief administrative officer finds the
minor has shown the
restricted hours
will cause a substantial
hardship or are not in
the minor's best
interests, the court,
the superintendent, or the
chief administrative officer shall
establish
differing hours of
employment for the minor and notify
the minor
and the minor's
employer of those hours, which shall be
binding in
lieu of the
restrictions on the hours of employment
described in
division (D)
of section 4109.07 of the Revised Code.
(2) Any minor to whom division (C)(1) of this section does
not apply may either file a petition in the juvenile court in
whose jurisdiction the person resides, or apply to the
superintendent
or to the chief
administrative officer who issued
the minor's age and schooling
certificate
pursuant to section
3331.01 of the Revised Code,
alleging
the restrictions on the hours
of
employment described in
division (D) of section 4109.07 of the
Revised Code will cause a
substantial hardship or are not in the
minor's
best interests.
If, as a result of a petition or application, the court,
the
superintendent,
or the chief administrative officer, as
appropriate, finds the minor has failed to
show such restrictions
will result in a substantial hardship or
that the restrictions are
not in the minor's best interests, the
court,
the
superintendent,
or the chief administrative officer shall uphold
the restrictions.
If the court, the superintendent, or the chief
administrative officer
finds the minor has shown the restricted
hours
will cause a
substantial hardship or are not in the minor's
best
interests, the
court, the superintendent, or the chief
administrative officer shall
establish the hours
of employment for
the minor and shall notify
the minor and the
minor's employer of
those hours.
(D) Section 4109.03, divisions (A) and (C) of section 4109.02, and division (B) of section 4109.08 of the Revised Code do not apply to minors who are sixteen or seventeen years of age and who are employed at a seasonal amusement or recreational establishment.
(E) As used in this section, "certificate of high school
equivalence" means a statement issued by the state board of
education or an equivalent agency of another state that the
holder
of the statement has achieved 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.
Sec. 4117.01. As used in this chapter:
(A) "Person," in addition to those included in division
(C)
of section 1.59 of the Revised Code, includes employee
organizations, public employees, and public employers.
(B) "Public employer" means the state or any political
subdivision of the state located entirely within the state,
including, without limitation, any municipal corporation with a
population of at least five thousand according to the most recent
federal decennial census; county; township with a population of
at
least five thousand in the unincorporated area of the township
according to the most recent federal decennial census; school
district; governing authority of a community school established
under Chapter
3314. of the Revised Code; state institution of
higher learning; public or
special district; state agency,
authority, commission, or
board; or other branch of public
employment.
(C) "Public employee" means any person holding a position
by
appointment or employment in the service of a public employer,
including any person working pursuant to a contract between a
public employer and a private employer and over whom the national
labor relations board has declined jurisdiction on the basis that
the involved employees are employees of a public employer,
except:
(1) Persons holding elective office;
(2) Employees of the general assembly and employees of any
other legislative body of the public employer whose principal
duties are directly related to the legislative functions of the
body;
(3) Employees on the staff of the governor or the chief
executive of the public employer whose principal duties are
directly related to the performance of the executive functions of
the governor or the chief executive;
(4) Persons who are members of the Ohio organized militia,
while training or performing duty under section 5919.29 or 5923.12
of the
Revised Code;
(5) Employees of the state employment relations board;
(6) Confidential employees;
(7) Management level employees;
(8) Employees and officers of the courts, assistants to
the
attorney general, assistant prosecuting attorneys, and
employees
of the clerks of courts who perform a judicial
function;
(9) Employees of a public official who act in a fiduciary
capacity, appointed pursuant to section 124.11 of the Revised
Code;
(11) Students whose primary purpose is educational
training,
including graduate assistants or associates, residents,
interns,
or other students working as part-time public employees
less than
fifty per cent of the normal year in the employee's
bargaining
unit;
(12) Employees of county boards of election;
(13) Seasonal and casual employees as determined by the
state employment relations board;
(14) Part-time faculty members of an institution of higher
education;
(15) Employees of the state personnel board of review;
(16) Participants
in a work activity,
developmental
activity, or alternative work activity under sections 5107.40 to
5107.69
of the
Revised Code who perform a
service for a public
employer that the public employer needs but is not
performed by an
employee of the public employer
if the participant is
not engaged
in paid employment or subsidized employment pursuant to the
activity;
(17) Employees included in the career professional service
of the department
of transportation under section 5501.20 of the
Revised Code;
(18) Employees who must be licensed to practice law in this
state to perform their duties as employees.
(D) "Employee organization" means any labor or bona fide
organization in which public employees participate and that
exists
for the purpose, in whole or in part, of dealing with
public
employers concerning grievances, labor disputes, wages,
hours,
terms, and other conditions of employment.
(E) "Exclusive representative" means the employee
organization certified or recognized as an exclusive
representative under section 4117.05 of the Revised Code.
(F) "Supervisor" means any individual who has authority,
in
the interest of the public employer, to hire, transfer,
suspend,
lay off, recall, promote, discharge, assign, reward, or
discipline
other public employees; to responsibly direct them; to
adjust
their grievances; or to effectively recommend such action,
if the
exercise of that authority is not of a merely routine or
clerical
nature, but requires the use of independent judgment,
provided
that:
(1) Employees of school districts who are department
chairpersons or consulting teachers shall not be deemed
supervisors;
(2) With respect to members of a police or fire
department,
no person shall be deemed a supervisor except the
chief of the
department or those individuals who, in the absence
of the chief,
are authorized to exercise the authority and
perform the duties of
the chief of the department. Where prior
to June 1, 1982, a
public employer pursuant to a judicial
decision, rendered in
litigation to which the public employer was
a party, has declined
to engage in collective bargaining with
members of a police or
fire department on the basis that those
members are supervisors,
those members of a police or fire
department do not have the
rights specified in this chapter for
the purposes of future
collective bargaining. The state
employment relations board shall
decide all disputes concerning
the application of division (F)(2)
of this section.
(3) With respect to faculty members of a state institution
of higher education, heads of departments or divisions are
supervisors; however, no other faculty member or group of faculty
members is a supervisor solely because the faculty member or
group
of faculty members participate in decisions with respect to
courses, curriculum, personnel, or other matters of academic
policy;
(4) No teacher as defined in section 3319.09 of the
Revised
Code shall be designated as a supervisor or a management
level
employee unless the teacher is employed under a contract governed
by
section 3319.01, 3319.011, or 3319.02 of the Revised Code and
is assigned to a position for which a
license deemed to be for
administrators under state board rules is
required pursuant to
section 3319.22 of the Revised Code.
(G) "To bargain collectively" means to perform the mutual
obligation of the public employer, by its representatives, and
the
representatives of its employees to negotiate in good faith
at
reasonable times and places with respect to wages, hours,
terms,
and other conditions of employment and the continuation,
modification, or deletion of an existing provision of a
collective
bargaining agreement, with the intention of reaching
an agreement,
or to resolve questions arising under the
agreement. "To bargain
collectively" includes executing a written contract
incorporating
the terms of any agreement reached. The obligation
to bargain
collectively does not mean that either party is
compelled to agree
to a proposal nor does it require the making
of a concession.
(H) "Strike" means continuous concerted action in failing to
report
to duty; willful absence from one's position; or stoppage
of work in
whole from the full, faithful, and proper performance
of the duties of
employment, for the purpose of inducing,
influencing, or coercing a change in
wages, hours, terms, and
other conditions of employment. "Strike" does not
include a
stoppage of work by employees in good faith because of dangerous
or
unhealthful working conditions at the place of employment that
are abnormal to
the place of employment.
(I) "Unauthorized strike" includes, but is not limited to,
concerted
action during the term or extended term of a collective
bargaining agreement
or during the pendency of the settlement
procedures set forth in section
4117.14 of the Revised Code in
failing to report to duty; willful absence from
one's position;
stoppage of work; slowdown, or abstinence in whole or in part
from
the full, faithful, and proper performance of the duties of
employment
for the purpose of inducing, influencing, or coercing a
change in wages,
hours, terms, and other conditions of employment.
"Unauthorized strike"
includes any such action, absence, stoppage,
slowdown, or abstinence when done
partially or intermittently,
whether during or after the expiration of the
term or extended
term of a collective bargaining agreement or during or after
the
pendency of the settlement procedures set forth in section 4117.14
of the
Revised Code.
(J) "Professional employee" means any employee engaged in
work that is predominantly intellectual, involving the
consistent
exercise of discretion and judgment in its performance
and
requiring knowledge of an advanced type in a field of science
or
learning customarily acquired by a prolonged course in an
institution of higher learning or a hospital, as distinguished
from a general academic education or from an apprenticeship; or
an
employee who has completed the courses of specialized
intellectual
instruction and is performing related work under the
supervision
of a professional person to become qualified as
a professional
employee.
(K) "Confidential employee" means any employee who works
in
the personnel offices of a public employer and deals with
information to be used by the public employer in collective
bargaining; or any employee who works in a close continuing
relationship with public officers or representatives directly
participating in collective bargaining on behalf of the employer.
(L) "Management level employee" means an individual who
formulates policy on behalf of the public employer, who
responsibly directs the implementation of policy, or who may
reasonably be required on behalf of the public employer to assist
in the preparation for the conduct of collective negotiations,
administer collectively negotiated agreements, or have a major
role in personnel administration. Assistant superintendents,
principals, and assistant principals whose employment is governed
by section 3319.02 of the Revised Code are management level
employees. With respect to members of a faculty of a state
institution of higher education, no person is a management level
employee because of the person's involvement in the formulation or
implementation of academic or institution policy.
(M) "Wages" means hourly rates of pay, salaries, or other
forms of compensation for services rendered.
(N) "Member of a police department" means a person who is
in
the employ of a police department of a municipal corporation
as a
full-time regular police officer as the result of
an appointment
from a duly established civil service eligibility
list or under
section 737.15 or 737.16 of the Revised Code, a
full-time deputy
sheriff appointed under section 311.04 of the
Revised Code, a
township constable appointed under section
509.01 of the Revised
Code, or a member of a township police
district police department
appointed under section 505.49 of the
Revised Code.
(O) "Members of the state highway patrol" means highway
patrol troopers and radio operators appointed under section
5503.01 of the Revised Code.
(P) "Member of a fire department" means a person who is in
the employ of a fire department of a municipal corporation or a
township as a fire cadet, full-time regular firefighter, or
promoted rank as the result of an appointment from a duly
established civil
service eligibility list or under section
505.38, 709.012, or 737.22 of the
Revised Code.
(Q) "Day" means calendar day.
Sec. 4123.444. (A) As used in this section and section 4123.445 of the Revised Code:
(1) "Bureau of workers' compensation funds" means any fund specified in Chapter 4121., 4123., 4127., or 4131. of the Revised Code that the administrator of workers' compensation has the authority to invest, in accordance with the administrator's investment authority under section 4123.44 of the Revised Code.
(2) "Investment manager" means any person with whom the administrator of workers' compensation contracts pursuant to section 4123.44 of the Revised Code to facilitate the investment of assets of bureau of workers' compensation funds.
(3) "Business entity" means any person with whom an investment manager contracts for the investment of assets of bureau of workers' compensation funds.
(4) "Financial or investment crime" means any criminal offense involving theft, receiving stolen property, embezzlement, forgery, fraud, passing bad checks, money laundering, drug trafficking, or any criminal offense involving money or securities, as set forth in Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of the Revised Code or other law of this state, or the laws of any other state or the United States that are substantially equivalent to those offenses.
(B)(1) Before entering into a contract with an investment manager to invest bureau of workers' compensation funds, the administrator shall do both of the following:
(a) Request from any investment manager with whom the administrator wishes to contract for those investments a list of all employees who will be investing assets of bureau of workers' compensation funds. The list shall specify each employee's state of residence for the five years prior to the date of the administrator's request.
(b) Request that the superintendent of the bureau of criminal investigation and identification conduct a criminal records check in accordance with this section and section 109.579 of the Revised Code with respect to every employee the investment manager names in that list.
(2) After an investment manager enters into a contract with the administrator to invest bureau of workers' compensation funds and before an investment manager enters into a contract with a business entity to facilitate those investments, the investment manager shall request from any business entity with whom the investment manager wishes to contract to make those investments a list of all employees who will be investing assets of the bureau of workers' compensation funds. The list shall specify each employee's state of residence for the five years prior to the investment manager's request. The investment manager shall forward to the administrator the list received from the business entity. The administrator shall request the superintendent to conduct a criminal records check in accordance with this section and section 109.579 of the Revised Code with respect to every employee the business entity names in that list. Upon receipt of the results of the criminal records check, the administrator shall forward a copy of those results to advise the investment manager whether the results were favorable or unfavorable.
(3) If, after a contract has been entered into between the administrator and an investment manager or between an investment manager and a business entity for the investment of assets of bureau of workers' compensation funds, the investment manager or business entity wishes to have an employee who was not the subject of a criminal records check under division (B)(1) or (B)(2) of this section invest assets of the bureau of workers' compensation funds, that employee shall be the subject of a criminal records check pursuant to this section and section 109.579 of the Revised Code prior to handling the investment of assets of those funds. The investment manager shall submit to the administrator the name of that employee along with the employee's state of residence for the five years prior to the date in which the administrator requests the criminal records check. The administrator shall request that the superintendent conduct a criminal records check on that employee pursuant to this section and section 109.579 of the Revised Code.
(C)(1) If an employee who is the subject of a criminal records check pursuant to division (B) of this section has not been a resident of this state for the five-year period immediately prior to the time the criminal records check is requested or does not provide evidence that within that five-year period the superintendent has requested information about the employee from the federal bureau of investigation in a criminal records check, the administrator shall request that the superintendent obtain information from the federal bureau of investigation as a part of the criminal records check for the employee. If the employee has been a resident of this state for at least that five-year period, the administrator may, but is not required to, request that the superintendent request and include in the criminal records check information about that employee from the federal bureau of investigation.
(2) The administrator shall provide to an investment manager a copy of the form prescribed pursuant to division (C)(1) of section 109.579 of the Revised Code and a standard impression sheet for each employee for whom a criminal records check must be performed, to obtain fingerprint impressions as prescribed pursuant to division (C)(2) of section 109.579 of the Revised Code. The investment manager shall obtain the completed form and impression sheet either directly from each employee or from a business entity and shall forward the completed form and sheet to the administrator, who shall forward these forms and sheets to the superintendent.
(3) Any employee who receives a copy of the form and the impression sheet pursuant to division (C)(2) of this 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 complete the impression sheets in the manner prescribed in division (C)(2) of section 109.579 of the Revised Code.
(D) For each criminal records check the administrator requests under this section, at the time the administrator makes a request the administrator shall pay to the superintendent the fee the superintendent prescribes pursuant to division (E) of section 109.579 of the Revised Code.
Sec. 4301.01. (A) As used in the Revised Code:
(1)
"Intoxicating liquor" and
"liquor" include all liquids
and compounds, other than beer, containing one-half of one per
cent or more of
alcohol by volume which are fit to use for
beverage purposes,
from whatever source and by whatever process
produced, by
whatever name called, and whether
they are
medicated,
proprietary, or patented.
"Intoxicating
liquor" and
"liquor" include wine even if it contains less than
four per cent
of alcohol by volume, mixed beverages even if they contain less
than
four per cent of alcohol by volume, cider, alcohol, and all
solids and
confections which contain any alcohol.
(2) Except as used in sections 4301.01 to 4301.20, 4301.22
to 4301.52, 4301.56, 4301.70, 4301.72, and 4303.01 to 4303.36 of
the Revised Code,
"sale" and
"sell" include exchange, barter,
gift, offer for sale, sale, distribution and delivery of any
kind,
and the transfer of title or possession of beer and
intoxicating
liquor either by constructive or actual delivery by
any means or
devices whatever, including the sale of beer or
intoxicating
liquor by means of a controlled access alcohol and
beverage
cabinet pursuant to section 4301.21 of the Revised Code.
"Sale"
and
"sell" do not include the
mere solicitation of orders for
beer
or intoxicating liquor from the holders of permits issued by
the
division of liquor control authorizing the sale of the
beer or
intoxicating liquor, but no solicitor shall solicit
any such
orders until the solicitor has been registered with
the division
pursuant to section 4303.25
of the Revised Code.
(3)
"Vehicle" includes all means of transportation by
land,
by water, or by air, and everything made use of in any way
for
such transportation.
(B) As used in
this chapter:
(1)
"Alcohol" means ethyl alcohol, whether rectified or
diluted with water or not, whatever its origin may be, and
includes synthetic ethyl alcohol.
"Alcohol" does not include
denatured alcohol and wood alcohol.
(2)
"Beer"
includes
all
beverages
brewed or
fermented
wholly
or in part from
malt products
and
containing
one-half of one
per
cent or more, but not more than
twelve per
cent, of alcohol by
volume.
(3)
"Wine" includes all liquids fit to use for beverage
purposes containing not less than one-half of one per cent of
alcohol by volume and not more than twenty-one per cent of
alcohol
by volume, which is made from the fermented juices of
grapes,
fruits, or other agricultural products, except that as used
in
sections 4301.13, 4301.421, 4301.422,
4301.432, and 4301.44 of the
Revised Code, and, for
purposes of determining the rate of the tax
that applies, division
(B) of section 4301.43 of the Revised Code,
"wine" does not include cider.
(4)
"Mixed beverages," such as bottled and prepared
cordials,
cocktails, and highballs, are products obtained by
mixing any type
of whiskey, neutral spirits, brandy, gin, or
other
distilled
spirits with, or over, carbonated or plain water,
pure
juices from
flowers and plants, and other flavoring
materials.
The completed
product shall contain not less than
one-half of one
per cent of
alcohol by volume and not more than
twenty-one per
cent of alcohol
by volume.
(5)
"Spirituous liquor" includes all intoxicating liquors
containing more than twenty-one per cent of alcohol by volume.
(6)
"Sealed container" means any container having a
capacity
of not more than one hundred twenty-eight fluid ounces,
the
opening of which is closed to prevent the entrance of air.
(7)
"Person" includes firms and corporations.
(8)
"Manufacture" includes all processes by which beer or
intoxicating liquor is produced, whether by distillation,
rectifying, fortifying, blending, fermentation, or brewing, or in
any other manner.
(9)
"Manufacturer" means any person engaged in the
business
of manufacturing beer or intoxicating liquor.
(10)
"Wholesale distributor" and
"distributor" means a
person
engaged in the business of selling to retail dealers for
purposes
of resale.
(11)
"Hotel" has the
same meaning as in section 3731.01
of
the
Revised Code, subject to the exceptions mentioned in
section
3731.03 of the Revised Code.
(12)
"Restaurant" means a place located in a permanent
building provided with space and accommodations wherein, in
consideration of the payment of money, hot meals are habitually
prepared, sold, and served at noon and evening, as the principal
business of the place.
"Restaurant"
does not include pharmacies,
confectionery stores, lunch stands, night clubs, and filling
stations.
(13)
"Club" means a corporation or association of
individuals
organized in good faith for social, recreational,
benevolent,
charitable, fraternal, political, patriotic, or
athletic purposes,
which is the owner, lessor, or occupant of a
permanent building or
part of a permanent building
operated
solely for
those
purposes,
membership in which entails the
prepayment of regular
dues, and
includes the place so operated.
(14)
"Night club" means a place operated for profit, where
food is served for consumption on the premises and one or more
forms of amusement are provided or permitted for a consideration
that may be in the form of a cover charge or may be
included in
the price of the food and beverages, or both, purchased by
patrons.
(15)
"At retail" means for use or consumption by the
purchaser and not for resale.
(16)
"Pharmacy" means an establishment, as defined in
section
4729.01 of the Revised Code, that is under
the management
or
control of a licensed pharmacist in
accordance with section
4729.27 of the Revised Code.
(17)
"Enclosed shopping center" means a group of retail
sales
and service business establishments that face into an
enclosed
mall, share common ingress, egress, and parking
facilities, and
are situated on a tract of land that contains an
area of not less
than five hundred thousand square feet.
"Enclosed shopping
center" also includes not more than one
business establishment
that is located within a free-standing
building on such a tract of
land, so long as the sale of beer and
intoxicating liquor on the
tract of land was approved in an
election held under former
section 4301.353 of the Revised Code.
(18)
"Controlled access alcohol and beverage cabinet"
means
a
closed container, either refrigerated, in whole or in
part, or
nonrefrigerated, access to the interior of which is
restricted by
means of a device that requires the use of a
key,
magnetic card,
or similar device and from which beer,
intoxicating liquor, other
beverages, or food may be sold.
(19)
"Community facility" means either of the following:
(a) Any convention, sports, or entertainment facility or
complex,
or any combination of these, that is used by or
accessible to the general
public and that is owned or operated in
whole or in part by the state, a state
agency, or a political
subdivision of the state or that is leased from, or
located on
property owned by or leased from, the state, a state agency, a
political subdivision of the state, or a convention facilities
authority
created pursuant to section 351.02 of the Revised Code;
(b) An area designated as a community entertainment district
pursuant to section 4301.80 of the Revised Code.
(20)
"Low-alcohol beverage" means any brewed or fermented
malt product, or
any product
made from the fermented juices of
grapes, fruits, or other
agricultural products, that contains
either no alcohol or less
than one-half of one per cent of alcohol
by volume. The beverages described
in division (B)(20) of this
section do not
include a soft drink such as root beer, birch beer,
or ginger
beer.
(21)
"Cider" means all liquids fit to use for
beverage
purposes
that contain one-half of one per cent of alcohol by
volume, but not more than
six per cent of alcohol by weight, and
that are made through
the normal alcoholic
fermentation of the
juice of sound, ripe apples, including, without
limitation,
flavored, sparkling, or carbonated cider and cider made from pure
condensed apple must.
(22)
"Sales area or territory" means an exclusive geographic
area
or territory that is assigned to a particular A or B permit
holder
and that either has one or more political subdivisions as
its
boundaries or consists of an area of land with readily
identifiable geographic boundaries.
"Sales area or territory"
does
not include, however, any particular retail location in an
exclusive geographic area or territory that is had been assigned to another
A or B permit holder before April 9, 2001.
Sec. 4303.17. (A)(1) Permit D-4 may be
issued to a club that has been in existence for three years or
more prior to the issuance of 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 four hundred sixty-nine dollars.
No D-4 permit
shall be granted or retained until all elected officers of the
organization controlling the club have filed with the
division
of liquor control a statement, signed under oath, certifying that the club is
operated in the interest of the membership of a reputable
organization, which is maintained by a dues paying membership, and
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. The bond shall be declared forfeited in the full
amount of the penal sum of the bond for any false statement
contained in that statement, 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 that 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.
(2) 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 that unit.
(B) 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 bingo game as described in division (S)(1) 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
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.
(C) Notwithstanding any contrary provision of sections 4301.32 to 4301.41, division (C)(1) of section 4303.29, and section 4305.14 of the Revised Code, the holder of a D-4 permit may transfer the location of the permit and sell beer and wine at the new location if that location is in an election precinct in which the sale of beer and wine, but not spirituous liquor, otherwise is permitted by law.
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 or is owned by a state institution of higher education as defined in section 3345.011 of the Revised Code or a private college or university,
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 D-5a permits
that may be issued.
The fee for this permit is two
thousand three hundred
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 two
thousand three hundred
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 five hundred 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 two
thousand three hundred
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 one thousand two
hundred 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 two
thousand three hundred
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 eight hundred seventy-five dollars.
(H)(1) 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 any of the following:
(a) A fine arts museum, provided that the nonprofit organization has no less
than five one thousand five hundred bona fide members possessing
full membership
privileges;
(b) A community arts center. As used in division (H)(1)(b) of this section, "community arts center" means a facility that provides arts programming to the community in more than one arts discipline, including, but not limited to, exhibits of works of art and performances by both professional and amateur artists.
(c) A community theater, provided that the nonprofit organization is a member of the Ohio arts council and the American community theatre association and has been in existence for not less than ten years. As used in division (H)(1)(c) of this section, "community theater" means a facility that contains at least one hundred fifty seats and has a primary function of presenting live theatrical performances and providing recreational opportunities to the community.
(2) 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.
(3) The fee
for a D-5h permit is one
thousand 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 one hundred 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, excluding wine sales, do not exceed
twenty-five per cent of its total gross receipts.
(6) It has at least one of the following characteristics:
(a) The value of its real and personal property exceeds
seven hundred twenty-five thousand
dollars.
(b) It is located on property that is owned or leased by the state or a state agency, and its owner or operator has authorization from the state or the state agency that owns or leases the property to obtain a D-5i permit.
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, excluding wine 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 retail food establishment or 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 the D-5i
permit is
two thousand three hundred 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 meets one of the following qualifications:
(a) It is located in a
municipal corporation
with a population of at least one hundred
thousand.
(b) It is located in a municipal corporation with a population of at least twenty thousand, and either of the following applies:
(i) It contains an amusement park the rides of which have been issued a permit by the department of agriculture under Chapter 1711. of the Revised Code.
(ii) Not less than fifty million dollars will be invested in development and construction in the community entertainment district's area located in the municipal corporation.
(c) It is located in a township with a population of at least forty thousand.
(d) It is located in a municipal corporation with a population of at least ten thousand, and not less than seventy million dollars will be invested in development and construction in the community entertainment district's area located in the municipal corporation.
(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 two thousand
three hundred
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 eight
hundred
seventy-five dollars.
Sec. 4303.182. (A) Except as
otherwise provided in
divisions
(B) to
(G)(J) 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-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 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) Permit D-6 shall be issued to the holder of any D permit for a premises that is licensed under Chapter 3717. of the Revised Code and that is located at a ski area to allow sale under the D-6 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.
As used in this division, "ski area" means a ski area as defined in section 4169.01 of the Revised Code, provided that the passenger tramway operator at that area is registered under section 4169.03 of the Revised Code.
(J) Permit D-6 shall be issued to the holder of a D-5j permit for a permit premises that is located in a community entertainment district, as defined in section 4301.80 of the Revised Code, that was approved by the legislative authority of a municipal corporation under that section between October 1 and October 15, 2005, to allow sale under the 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.
(K) 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.
(K)(L) The fee for the D-6 permit is five
hundred
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
four
hundred dollars when it is issued to the
holder of a
C-2
permit.
Sec. 4303.207. (A) As used in this section:
(1) "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 of whose net earnings is not distributable to, its members, trustees, directors, officers, or other private persons.
(2) "Qualified golf event" means a golf tournament or other golf competition event that meets all of the following requirements:
(a) It is hosted by the nonprofit organization to which an F-7 permit is issued.
(b) It is sanctioned by a recognized national golf organization.
(c) It includes the sale of food for consumption on the premises for which an F-7 permit is issued.
(d) Contributions to charity are made from the proceeds of the event that equal in the aggregate at least two hundred thousand dollars.
(3) "Recognized national golf organization" means any of the following:
(a) The United States golf association;
(b) The professional golf association of America (PGA);
(c) The PGA tour, including the champions tour and the nationwide tour;
(e) The successors of any organization listed in divisions (A)(3)(a) to (d) of this section.
(B) An F-7 permit may be issued to a nonprofit organization to sell beer, wine, mixed beverages, and spirituous liquor by the individual drink at a qualified golf event being held on premises located in a political subdivision or part of a political subdivision where the sale of beer, wine, mixed beverages, and spirituous liquor is otherwise permitted by law on that day, if both of the following requirements are met:
(1) The superintendent of liquor control is satisfied that the organization is a nonprofit organization. For this purpose, the superintendent may accept as proof a sworn statement by the president or other chief executive officer of the applicant organization.
(2) The superintendent is satisfied that the event for which the F-7 permit is sought to be issued is a qualified golf event. For this purpose, the superintendent may accept as proof a sworn statement by the president or other chief executive officer of the applicant organization.
(C) The premises for which the F-7 permit is issued shall meet all of the following requirements:
(1) Be owned or leased by the nonprofit organization to which the F-7 permit issued;
(2) Be limited to areas in which the qualified golf event is conducted and to other areas that are contiguous to those areas in which the qualified golf event is conducted, which areas are specifically designated for food and beverage consumption and hospitality for the qualified golf event;
(4) Be sufficiently restricted to allow proper supervision of use of the permit by state and local law enforcement personnel.
(D) A nonprofit organization to which an F-7 permit is issued shall be held responsible for any conduct that violates the laws pertaining to the sale of beer, wine, mixed beverages, or spirituous liquor.
(E) The division of liquor control shall prepare and make available an F-7 permit application form and may require applicants for the permit to provide information that, in addition to the information required by this section, is necessary for the administration of this section.
(F) An F-7 permit shall be effective for a period not to exceed eight consecutive days. The division of liquor control shall not issue more than two F-7 permits per calendar year to the same nonprofit organization. The fee for an F-7 permit is four hundred fifty dollars.
Sec. 4303.29. (A) No permit, other than an H permit,
shall
be issued to a firm or partnership unless all the members
of
the
firm or partnership are citizens of the United States and
a
majority have resided in this state for one year prior to
application for
the permit. No permit, other than an H
permit,
shall be issued to an individual who is not a
citizen of
the
United States who has resided in this state for at least one
year
prior to application for
the permit. No permit, other
than an E
or H permit, shall be issued to any corporation
organized under
the laws of any country, territory, or state other
than
this
state
until it has furnished the division of liquor
control with
evidence that it has complied with the laws of this
state
relating
to the transaction of business in this state.
The division may refuse to issue any permit to or refuse
to
renew any permit of any person convicted of any felony that is
reasonably related to the person's fitness to operate a
liquor
permit
business in this state. No holder of a permit shall sell,
assign, transfer, or pledge
the permit without the written
consent of the division.
(B)(1) No more than one of each type of C or D
permit
shall
be issued to any one person, firm, or corporation in
any
county
having a population of less than twenty-five thousand,
and
no more
than one of each type of C or D
permit shall
be issued to any one
person, firm, or corporation for any
additional twenty-five
thousand or major fraction thereof in any
county having a greater
population than twenty-five thousand,
provided that, in the case
of D-3, D-3a, D-4, and D-5 permits, no
more than one permit shall
be issued to any one person, firm, or
corporation in any county
having a population of less than fifty
thousand, and no more than
one such permit
shall be issued to any
one person, firm, or
corporation for any
additional fifty thousand
or major fraction
thereof in any county
having a greater
population than fifty
thousand.
(2) No D-3 permit shall be issued to any club unless
the
club has been continuously engaged in the activity specified
in
section 4303.15 of the Revised Code, as a qualification for
that
class of permit, for two years at the time
the
permit is issued.
(3)(a) Subject to division (B)(3)(b) of this section, upon
application by properly qualified persons, one C-1 and C-2 permit
shall be issued for each one thousand population or part
of that
population,
and one D-1 and D-2 permit shall be issued for
each
two thousand
population or part
of that population,
in each
municipal corporation and in
the unincorporated area of
each
township.
Subject to division (B)(3)(b) of this section, not more
than
one D-3, D-4, or D-5 permit shall be issued for each two
thousand
population or part
of that population in any municipal
corporation and in
the unincorporated area of any township,
except
that, in any city
of a population of fifty-five thousand or
more,
one D-3 permit may
be issued for each fifteen hundred
population
or part
of that population.
(b)(i) Division (B)(3)(a) of this
section
does not
prohibit the transfer of
location or the transfer of
ownership and
location of a C-1, C-2,
D-1, D-2, D-3, or D-5
permit
from a
municipal corporation or the
unincorporated area of
a
township in
which the number of permits
of that class exceeds
the
number of
such permits authorized to be
issued under division
(B)(3)(a) of
this section to an economic
development project
located in another
municipal corporation or
the unincorporated
area of another
township in which no additional
permits of that
class may be
issued
to the applicant under
division (B)(3)(a) of
this section,
but the transfer of location
or transfer of ownership and location
of the permit may occur only
if the applicant notifies
the
municipal corporation or township to
which the location of the
permit will be transferred regarding the
transfer and that
municipal corporation or township acknowledges
in
writing to the
division of liquor control, at the time the
application for the
transfer of location or transfer of ownership
and location of the
permit is filed, that the transfer will be to
an economic
development project. This acknowledgment by the
municipal
corporation or township does not prohibit it from
requesting a
hearing under section 4303.26 of the Revised Code.
The applicant
is
eligible to apply for and receive the transfer of
location of
the
permit under division (B)(3)(b) of this section if
all permits
of
that class that may be issued under division
(B)(3)(a) of this
section in the applicable municipal corporation
or unincorporated
area of the township have already been issued or
if the number of
applications filed for permits of that class in
that municipal
corporation or the unincorporated area of that
township exceed the
number of permits of that class that may be
issued there under
division (B)(3)(a) of this section.
A permit
transferred under division (B)(3)(b) of this section
may be
subsequently transferred to a different owner at the same
location, or to the same owner or a different owner at a different
location in the same municipal
corporation or in the
unincorporated area of the same township, as
long as the same or
new location meets the economic development project criteria set
forth in this section.
(ii) Factors that shall be used to determine the designation
of
an
economic development project include, but are not limited
to,
architectural certification of the plans and the cost of the
project, the number of jobs that will be created by the project,
projected earnings of the project, projected tax revenues for the
political subdivisions in which the project will be located, and
the amount of financial investment in the project. The
superintendent of
liquor control shall determine whether the
existing or
proposed business that is seeking a permit described
in division
(B)(3)(b) of this section qualifies as an economic
development
project and, if the superintendent determines that it
so
qualifies, shall designate the business as an economic
development project.
(4) Nothing in this section shall be construed to restrict
the issuance of a permit to a municipal corporation for use at a
municipally owned airport at which commercial airline companies
operate regularly scheduled flights on which space is available
to
the public. A municipal corporation applying for a permit for
such a municipally owned airport is exempt, in regard to that
application, from the population restrictions contained in this
section and from population quota restrictions contained in any
rule of the liquor control commission. A municipal corporation
applying for a D-1, D-2, D-3, D-4, or D-5 permit for such a
municipally owned airport is subject to section 4303.31 of the
Revised Code.
(5) Nothing in this section shall be construed to prohibit
the issuance of a D permit to the board of trustees of a
soldiers'
memorial for a premises located at a soldiers' memorial
established pursuant to Chapter 345. of the Revised Code. An
application for a D permit by
the board for
those
premises is
exempt from the population restrictions contained in
this section
and from the population quota restrictions contained
in any rule
of the liquor control commission. The location of a D
permit
issued to the board
for
those
premises
shall not be
transferred. A board of trustees of a soldiers' memorial
applying
for a D-1, D-2, D-3, D-4, or D-5 permit for
the
soldiers'
memorial is subject to section 4303.31 of the Revised
Code.
(6) Nothing in this section shall be construed to restrict
the issuance of a permit for a premises located at a golf course
owned by a municipal corporation, township, or county, owned by a
park district created under Chapter 1545. of the Revised Code, or
owned by the state. The location of such a permit issued on or
after September 26, 1984, for a premises located at such a golf
course shall not be transferred. Any application for such a
permit is exempt from the population quota restrictions contained
in this section and from the population quota restrictions
contained in any rule of the liquor control commission. A
municipal corporation, township, county, park district, or state
agency applying for a D-1, D-2, D-3, D-4, or D-5 permit for such
a
golf course is subject to section 4303.31 of the Revised Code.
(7) As used in division (B)(7) of this section, "fair" has
the same meaning as in section 991.01 of the Revised Code,;
"state
fairgrounds" means the property that is held by the state
for the
purpose of conducting fairs, expositions, and exhibits
and that is
maintained and managed by the Ohio expositions
commission under
section 991.03 of the Revised Code, and; "capitol
square" has the
same meaning as in section 105.41 of the Revised Code; and "Ohio judicial center" means the site of the Ohio supreme court and its grounds.
Nothing in this section shall be construed to restrict the
issuance of one or more D permits to one or more applicants for
all or a part of either the state fairgrounds or, capitol square, or the Ohio judicial center.
An
application for a D
permit for the state fairgrounds or, capitol
square, or the Ohio judicial center is exempt from the
population
quota restrictions contained
in this section and from the
population quota restrictions
contained in any rule of the liquor
control commission. The
location of a D permit issued for the
state fairgrounds or, capitol
square, or the Ohio judicial center shall not be transferred. An applicant
for a
D-1, D-2,
D-3, or D-5 permit for the state fairgrounds is not
subject to
section 4303.31 of the Revised Code.
Pursuant to section 1711.09 of the Revised Code, the holder
of a D permit issued for the state fairgrounds shall not deal in
spirituous liquor at the state fairgrounds during, or for one
week
before or for three days after, any fair held at the state
fairgrounds.
(8) Nothing in this section shall be construed to prohibit
the issuance of a D permit for a premises located at a zoological
park at which sales have been approved in an election held under
former section 4301.356 of the Revised Code. An application for a
D
permit for such a premises is exempt from the population
restrictions contained in this section, from the population quota
restrictions contained in any rule of the liquor control
commission, and from section 4303.31 of the Revised Code. The
location of a D permit issued for a premises at such a zoological
park shall not be transferred, and no quota or other restrictions
shall be placed on the number of D permits that may be issued for
a premises at such a zoological park.
(C)(1) No D-3, D-4, D-5, or D-5a permit shall be issued in
any election precinct in any municipal
corporation or in any
election precinct in
the unincorporated area of any township, in
which at the
November, 1933, election a majority of the electors
voting
thereon in the municipal corporation or in the
unincorporated
area of the township voted against the repeal of
Section 9 of
Article XV, Ohio Constitution, unless the sale of
spirituous
liquor by the glass is authorized by a majority vote of
the
electors voting on the question in the precinct at an election
held pursuant
to
this section or by a
majority vote of the
electors of the precinct voting on question (C) at a
special local
option
election held in the precinct pursuant to
section 4301.35
of the Revised Code. Upon the request of an
elector, the board of
elections of the county that encompasses
the precinct shall
furnish the elector
with a copy of the instructions prepared by
the secretary of
state under division (P) of section 3501.05 of
the Revised Code
and, within fifteen days after the request, a
certificate of the
number of signatures required for a valid
petition under this
section.
Upon the petition of thirty-five per cent of the total
number
of voters voting in any such precinct for the office of governor
at the
preceding general
election, filed with the board of
elections of the county in
which such precinct is located not
later than seventy-five days before a general election,
the
board
shall prepare ballots and hold an election at such general
election upon the question of allowing spirituous liquor to be
sold by the glass in such precinct.
The
ballots shall be
approved
in form by the secretary of state. The
results of
the election
shall be certified by the board to the
secretary of
state, who
shall certify the
results to the division.
(2) No holder of a class D-3 permit issued for a boat or
vessel shall sell spirituous liquor in any precinct, in which the
election provided for in this section may be held, unless the
sale
of
spirituous liquor by the drink has been authorized by vote
of
the electors as provided in this section or in section 4301.35
of
the Revised Code.
(D) Any holder of a C or D permit whose permit premises
were
purchased in 1986 or 1987 by the state of Ohio or any state
agency
for highway purposes shall be issued the same permit at
another
location notwithstanding any quota restrictions contained
in this
chapter or in any rule of the liquor control commission.
Sec. 4503.105. (A) A motor vehicle renting dealer may charge each vehicle renter a separate vehicle license fee to recover the dealer's cost related to the annual vehicle registration, license plates, and title fees imposed upon vehicles in the dealer's fleet under Title XLV of the Revised Code. Any dealer who separately charges a vehicle license fee shall do all of the following:
(1) Make a good faith estimate of the average per day per vehicle portion of the dealer's total annual registration, license plates, and title fees paid in this state for its rental fleet during the calendar year;
(2) Separately itemize and charge the vehicle license fee in the rental agreement between the dealer and a renter, and specifically describe the vehicle license fee in the rental agreement as the estimated average per day per vehicle portion of the dealer's total annual registration, license plates, and title fees;
(3) In any advertisement made in this state that describes vehicle rental rates for vehicles available for rent in this state, include a statement that the renter is required to pay the vehicle license fee and disclose the maximum daily charge for the vehicle license fee.
(B) Any dealer who separately charges a vehicle license fee shall not charge, collect, or retain any amount in excess of the actual average per day per vehicle portion of the dealer's total annual registration, license plates, and title fees paid in this state for its rental fleet during the calendar year. If a dealer recovers the dealer's actual costs related to the annual vehicle registration, license plates, and title fees, the dealer shall cease to itemize and charge such costs in any rental agreement during that calendar year.
(C)
As used in this section, "motor vehicle renting dealer" has the same meaning as in section 4549.65 of the Revised Code.
Sec. 4731.22. (A) The state medical board,
by an
affirmative vote of not fewer than six of its members,
may revoke
or may
refuse to grant a certificate to a person found by the
board to
have committed fraud during the administration of the
examination for a certificate to practice or to have
committed
fraud, misrepresentation, or deception in applying for
or securing
any certificate to practice or certificate of
registration issued
by the board.
(B) The board, by an affirmative
vote of not fewer than
six
members, shall, to the extent permitted by law, limit,
revoke, or
suspend an individual's certificate to
practice, refuse to
register an individual, refuse
to reinstate a certificate, or
reprimand or place on
probation the
holder of a certificate for
one or more of the following reasons:
(1) Permitting one's name or one's certificate to practice
or
certificate of
registration to be used by a person, group, or
corporation when
the individual concerned is not actually
directing the treatment
given;
(2) Failure to maintain
minimal standards applicable to the
selection or administration of drugs, or failure to employ
acceptable
scientific methods in the selection of drugs or other
modalities
for treatment of disease;
(3) Selling, giving away, personally furnishing,
prescribing, or
administering drugs for other than legal and
legitimate therapeutic purposes
or a plea of guilty to, a judicial
finding of guilt of, or a
judicial finding of eligibility for
intervention in
lieu of conviction
of, a violation of any federal
or state law regulating the possession,
distribution, or use of
any drug;
(4) Willfully betraying a professional confidence.
For purposes of this division, "willfully betraying a
professional
confidence" does not include providing any
information, documents, or reports
to a child fatality review
board under sections 307.621 to 307.629 of the
Revised Code and
does not include the making of a report of an
employee's use of a
drug of abuse, or a report of a condition of
an employee other
than one involving the use of a drug of abuse,
to the employer of
the employee as described in division (B) of
section 2305.33 of
the Revised Code.
Nothing in this division
affects the immunity
from
civil liability conferred by that section upon a physician
who
makes either type of report in accordance with division (B) of
that section. As used in this division, "employee," "employer,"
and "physician" have the same meanings as in section 2305.33 of
the Revised Code.
(5) Making a false, fraudulent,
deceptive, or misleading
statement
in the solicitation of or advertising
for patients; in
relation
to the practice of medicine and surgery, osteopathic
medicine
and surgery, podiatric medicine and surgery, or a
limited branch of medicine;
or in securing or attempting to secure
any certificate
to practice or certificate of registration issued
by the board.
As used in this division, "false, fraudulent, deceptive, or
misleading statement" means a statement that includes a
misrepresentation of fact, is likely to mislead or deceive
because
of a failure to disclose material facts, is intended or
is likely
to create false or unjustified expectations of
favorable results,
or includes representations or implications
that in reasonable
probability will cause an ordinarily prudent
person to
misunderstand or be deceived.
(6) A departure from, or the failure to conform to,
minimal
standards of care of similar practitioners under the same
or
similar circumstances, whether or not actual injury to a
patient
is established;
(7) Representing, with the purpose of obtaining
compensation
or other advantage as personal gain or for
any other
person, that
an incurable disease or injury, or other incurable
condition, can
be permanently cured;
(8) The obtaining of, or attempting to obtain, money or
anything of value by fraudulent misrepresentations in the course
of practice;
(9) A plea of guilty to, a judicial finding of guilt
of, or
a judicial finding of eligibility for
intervention in lieu of
conviction for, a felony;
(10) Commission of an act that constitutes a felony in
this
state, regardless of the jurisdiction in which the act was
committed;
(11) A plea of guilty to, a judicial finding of guilt
of, or
a judicial finding of eligibility for
intervention in lieu of
conviction for, a misdemeanor committed in the course of practice;
(12) Commission of an act in the course of practice that
constitutes a
misdemeanor
in this state, regardless of the
jurisdiction in which the act was
committed;
(13) A plea of guilty to, a judicial finding of guilt
of, or
a judicial finding of eligibility for
intervention in lieu of
conviction for, a misdemeanor involving moral turpitude;
(14) Commission of an act involving moral turpitude that
constitutes a
misdemeanor
in this state, regardless of the
jurisdiction in which the act was
committed;
(15) Violation of the conditions of limitation placed by
the
board upon a certificate to practice;
(16) Failure to pay license renewal fees specified in this
chapter;
(17) Except as authorized in section 4731.31 of the Revised
Code,
engaging in the division of fees
for referral of patients,
or the
receiving of a thing of value in return for a specific
referral of a patient
to utilize a particular service or business;
(18) Subject to section 4731.226 of the Revised Code,
violation of
any provision of a code of ethics
of the American
medical association, the American osteopathic
association, the
American podiatric medical association, or any
other national
professional organizations that
the board specifies by
rule. The
state medical board shall
obtain and keep on file current copies
of the codes of ethics of
the various national professional
organizations. The
individual whose certificate is being
suspended or
revoked
shall not be found to have violated any
provision of a code of
ethics of an organization not appropriate
to the
individual's profession.
For purposes of this division, a "provision of a code
of
ethics of a national professional organization" does not
include
any provision that would preclude the making of a
report by a
physician of an employee's use of a drug of abuse, or
of a
condition of an employee other than one involving the use of
a
drug of abuse, to the employer of the employee as described in
division (B) of section 2305.33 of the Revised Code. Nothing
in
this division affects the
immunity from civil liability conferred
by that section upon a
physician who makes either type of report
in accordance with
division (B) of that section. As used in this
division,
"employee," "employer," and "physician" have the same
meanings as
in section 2305.33 of the Revised Code.
(19) Inability to practice according to acceptable and
prevailing standards of care by reason of mental illness or
physical illness, including, but not limited to, physical
deterioration that adversely affects cognitive, motor, or
perceptive skills.
In enforcing this division, the board, upon a
showing of a
possible violation, may compel any individual
authorized to
practice by this chapter or
who has
submitted an application
pursuant to this chapter
to submit to a mental examination,
physical
examination, including an HIV test, or both a mental
and
a physical
examination. The expense of the
examination is the
responsibility of the individual compelled to be
examined.
Failure
to submit to a mental or physical examination
or consent
to an HIV
test ordered by the board
constitutes an admission of
the
allegations against the
individual
unless the failure is due
to
circumstances beyond the individual's control,
and a default
and
final order may be entered without the taking
of testimony or
presentation of evidence. If the board finds an
individual unable
to practice because of the reasons
set forth in
this division, the
board shall require the individual
to submit to
care, counseling,
or treatment by physicians approved or
designated by the board, as
a condition for initial, continued,
reinstated, or renewed
authority to practice. An
individual
affected under this division
shall be
afforded an opportunity to demonstrate to the board the
ability to
resume practice in compliance with acceptable and
prevailing
standards under the provisions of the individual's
certificate.
For the
purpose of this division, any individual who
applies for or receives a certificate to
practice under this
chapter accepts the privilege of
practicing in
this state and, by
so doing, shall be
deemed to have given consent to submit to a
mental or
physical examination when directed to do so in writing
by the
board, and to have waived all objections to the
admissibility of
testimony or examination reports that constitute
a privileged
communication.
(20) Except when civil penalties are imposed under section
4731.225
or 4731.281 of the Revised Code, and subject to section
4731.226 of the Revised Code, violating or
attempting to violate,
directly or indirectly, or assisting in or
abetting the violation
of, or conspiring to violate, any
provisions of this chapter or
any rule promulgated by the board.
This division does not apply to a violation or attempted
violation of, assisting in or abetting the violation of, or a
conspiracy to violate, any provision of this chapter or any rule
adopted by the board that would preclude the making
of a
report by
a physician of an employee's use of a drug of abuse, or
of a
condition of an employee other than one involving the use of
a
drug of abuse, to the employer of the employee as described in
division (B) of section 2305.33 of the Revised Code. Nothing
in
this division affects the
immunity from civil liability conferred
by that section upon a
physician who makes either type of report
in accordance with
division (B) of that section. As used in this
division,
"employee," "employer," and "physician" have the same
meanings as
in section 2305.33 of the Revised Code.
(21) The violation of section 3701.79 of the Revised Code or of any abortion rule adopted by the
public health council pursuant to section 3701.341 of the Revised
Code;
(22) Any of the following actions taken by the agency
responsible for regulating the practice of medicine and surgery,
osteopathic
medicine and surgery, podiatric medicine and surgery,
or the limited branches of medicine in
another jurisdiction, for
any reason other than the
nonpayment of fees: the
limitation,
revocation, or suspension of an individual's license
to practice;
acceptance of an
individual's license surrender; denial of a
license; refusal to
renew or reinstate
a license; imposition of
probation; or
issuance of an order of censure or other reprimand;
(23) The violation of section 2919.12 of the Revised Code
or
the performance or inducement of an abortion upon a pregnant
woman
with actual knowledge that the conditions specified in
division
(B) of section 2317.56 of the Revised Code have not been
satisfied
or with a heedless indifference as to whether those
conditions
have been satisfied, unless an affirmative defense as
specified in
division (H)(2) of that section would apply in a
civil action
authorized by division (H)(1) of that section;
(24) The revocation, suspension, restriction, reduction,
or
termination of clinical privileges by the United
States department
of
defense or department of veterans
affairs or the termination or
suspension of a certificate of
registration to prescribe drugs by
the drug enforcement
administration of the United States
department of
justice;
(25) Termination or suspension from participation in the
medicare or
medicaid
programs by the department of health and
human services or other
responsible agency for any act or acts
that also would
constitute a violation of division (B)(2), (3),
(6), (8), or (19)
of this section;
(26) Impairment of ability to practice according to
acceptable and prevailing standards of care because of habitual
or
excessive use or abuse of drugs, alcohol, or other substances
that
impair ability to practice.
For the purposes of this division, any individual authorized
to practice
by this chapter accepts
the privilege of
practicing in
this state subject to supervision by the board. By
filing an
application for or
holding a
certificate to practice under this
chapter, an
individual shall
be deemed to have given consent to
submit to a mental or
physical examination when ordered to do so
by the board in
writing, and to have waived all objections to the
admissibility
of testimony or examination reports that constitute
privileged
communications.
If it has reason to believe that any individual authorized to
practice by
this chapter or any applicant for
certification to
practice suffers such impairment, the board may compel
the
individual to submit to a mental or physical examination, or
both.
The expense of the examination is the
responsibility of the
individual
compelled to be examined. Any
mental or physical
examination required under this division shall
be undertaken by a
treatment provider or physician who is qualified to
conduct the
examination and who is chosen by the
board.
Failure to submit to a mental or physical
examination ordered
by the board constitutes an admission of the
allegations against
the individual unless the failure is due to
circumstances beyond
the individual's control, and a default and
final order may be
entered without the taking of testimony or
presentation of
evidence. If the board determines that the
individual's ability
to practice is impaired, the board shall
suspend the individual's
certificate or deny the
individual's application and shall require
the individual, as a condition for initial, continued,
reinstated,
or renewed certification to practice, to
submit to treatment.
Before being eligible to apply for reinstatement of a
certificate suspended under this division, the
impaired
practitioner shall
demonstrate to the board the ability
to resume
practice in
compliance with acceptable and prevailing standards of
care under
the provisions of the practitioner's certificate. The
demonstration shall
include, but shall not be limited to, the
following:
(a) Certification from a treatment provider approved under
section 4731.25 of the Revised Code that the
individual has
successfully completed any required inpatient treatment;
(b) Evidence of continuing full compliance with an
aftercare
contract or consent agreement;
(c) Two written reports indicating that the individual's
ability to practice has been assessed and that the individual has
been found capable of practicing according to acceptable and
prevailing
standards of care. The reports shall be made by
individuals or
providers approved by the board for making the
assessments and
shall describe the basis for their determination.
The board may reinstate a certificate suspended under
this
division after that demonstration and after the individual has
entered into a written consent agreement.
When the impaired practitioner resumes practice, the board
shall
require continued
monitoring of the individual. The
monitoring shall include, but not be
limited to, compliance with
the written consent agreement entered
into before reinstatement or
with conditions imposed by board
order after a hearing, and, upon
termination of the consent
agreement, submission to the board for
at least two years of
annual written progress reports made under
penalty of perjury
stating whether the individual has maintained
sobriety.
(27) A second or subsequent violation of section 4731.66
or
4731.69 of the Revised Code;
(28) Except as provided in division (N) of this section:
(a) Waiving the payment of all or any part of a
deductible
or copayment that a patient, pursuant to a health
insurance or
health care policy, contract, or plan that covers
the individual's
services, otherwise would be
required
to pay if the waiver is used
as an enticement to a patient or group of
patients to receive
health care services from that
individual;
(b) Advertising that the individual will waive the
payment
of all or
any part of a deductible or copayment that a patient,
pursuant to
a health insurance or health care policy, contract, or
plan that
covers the individual's services, otherwise would
be
required to pay.
(29) Failure to use universal blood and body fluid
precautions established by rules adopted under section 4731.051
of
the Revised Code;
(30) Failure to provide notice to, and receive
acknowledgment of the
notice from, a patient when required by
section 4731.143 of the Revised Code
prior to providing
nonemergency professional services, or failure to maintain
that
notice in the patient's file;
(31) Failure of a physician supervising a physician
assistant to
maintain supervision in accordance with the
requirements of Chapter
4730. of the Revised Code and the rules
adopted under that chapter;
(32) Failure of a physician or podiatrist to enter into a
standard care
arrangement with a clinical nurse specialist,
certified nurse-midwife, or
certified nurse practitioner with whom
the physician or podiatrist is in
collaboration pursuant to
section 4731.27 of the Revised Code
or failure to fulfill the
responsibilities of collaboration after entering
into a standard
care arrangement;
(33) Failure to comply with the terms of a consult agreement
entered into with a pharmacist pursuant to section 4729.39 of the
Revised Code;
(34) Failure to cooperate in an investigation conducted by
the board under division (F) of this section, including
failure to
comply with a subpoena or order issued by the board
or failure to
answer truthfully a question presented by the
board at a
deposition or in written interrogatories, except that
failure to
cooperate with an investigation shall not constitute
grounds for
discipline under this section if a court of
competent jurisdiction
has issued an order that either quashes a
subpoena or permits the
individual to withhold the testimony or
evidence in issue;
(35) Failure to supervise an acupuncturist in accordance
with
Chapter 4762. of the Revised Code and the board's rules for
supervision of an
acupuncturist;
(36) Failure to supervise an anesthesiologist assistant in
accordance with
Chapter 4760. of the Revised Code and the board's
rules for supervision of an
anesthesiologist assistant;
(37) Assisting suicide as defined in section 3795.01 of the
Revised Code.
(C) Disciplinary actions taken by the board under divisions
(A) and (B) of this section shall be taken pursuant to an
adjudication under Chapter 119. of the Revised Code, except that
in lieu of an
adjudication, the board may enter into a consent
agreement with an
individual to resolve an allegation of a
violation of this chapter or any rule
adopted under it. A consent
agreement, when ratified by an
affirmative vote of not fewer than
six members of the board,
shall constitute the findings and order
of the board with
respect to the matter addressed in the
agreement. If the board
refuses to ratify a consent agreement,
the admissions and
findings contained in the consent agreement
shall be of no force
or effect.
If the board takes disciplinary action against an individual
under division (B) of this section for a second or subsequent plea
of guilty to, or judicial finding of guilt of, a violation of
section 2919.123 of the Revised Code, the disciplinary action
shall consist of a suspension of the individual's certificate to
practice for a period of at least one year or, if determined
appropriate by the board, a more serious sanction involving the
individual's certificate to practice. Any consent agreement
entered into under this division with an individual that pertains
to a second or subsequent plea of guilty to, or judicial finding
of guilt of, a violation of that section shall provide for a
suspension of the individual's certificate to practice for a
period of at least one year or, if determined appropriate by the
board, a more serious sanction involving the individual's
certificate to practice.
(D) For purposes of divisions (B)(10), (12), and (14) of
this
section, the commission of the act may be established by a
finding by the board, pursuant to an adjudication under
Chapter
119. of the Revised Code, that the individual committed the act.
The board
does not have jurisdiction under those divisions if
the
trial court renders a final judgment in the individual's favor and
that judgment is based upon an
adjudication on
the merits. The
board has jurisdiction under those
divisions if the trial court
issues an order of
dismissal upon technical or procedural grounds.
(E) The sealing of conviction records by any court shall
have
no effect upon a prior board order entered under this section
or upon the board's jurisdiction to take action under this section
if,
based upon a plea of guilty,
a judicial finding of guilt, or a
judicial finding of eligibility for intervention in
lieu of
conviction, the board issued a notice of opportunity for
a hearing
prior to the court's order to seal the records. The
board shall
not be required to seal, destroy, redact, or
otherwise modify its
records to reflect the court's sealing of
conviction records.
(F)(1) The board shall investigate evidence that appears
to
show that a person has violated any provision of this
chapter or
any rule adopted under it. Any person may report to the board
in
a signed writing
any information that the person may have that
appears to show a
violation of any provision of this chapter or
any rule
adopted under it. In the absence of bad
faith, any
person who reports information of that nature or who testifies
before the board in any adjudication conducted under
Chapter 119.
of the Revised Code shall not be liable
in damages in a civil
action as a result of the report or
testimony. Each
complaint or
allegation of a violation received by the
board shall be assigned
a case number and shall be recorded by
the board.
(2) Investigations of alleged violations of this chapter or
any rule
adopted under it shall
be supervised by the supervising
member elected by the board in
accordance with section 4731.02 of
the Revised Code and by the
secretary as provided in section
4731.39 of the Revised Code. The president
may designate another
member of the board to
supervise the investigation in place of the
supervising member. No member of
the board who supervises the
investigation of a case
shall participate in further adjudication
of the case.
(3) In investigating a possible violation of
this chapter or
any rule adopted
under this chapter, the board
may administer
oaths, order the taking of depositions, issue
subpoenas, and
compel the attendance of witnesses and production
of books,
accounts, papers, records, documents, and testimony, except
that a
subpoena for patient record information shall not be issued
without
consultation with the attorney general's office and
approval of
the secretary and supervising member
of the board.
Before issuance of a
subpoena for patient record information, the
secretary and supervising member shall
determine
whether there is
probable cause to believe that the complaint filed alleges a
violation of this chapter or any rule adopted under it and that
the records
sought are relevant
to the alleged violation and
material to the investigation.
The subpoena may apply only to
records that cover a
reasonable period of time surrounding the
alleged violation.
On failure to comply with any subpoena
issued by the board
and after reasonable notice to the person
being subpoenaed, the
board may move for an order compelling the
production of persons
or records pursuant to the Rules of Civil
Procedure.
A subpoena issued by the board may be served by a sheriff,
the sheriff's deputy, or a board employee designated by the
board.
Service of a subpoena issued by the board may be
made by
delivering a copy of the subpoena to the
person named therein,
reading it to the person, or leaving it at
the person's usual
place of residence. When the person being
served is a person
whose practice is authorized by this chapter,
service of the
subpoena may be made by certified mail,
restricted delivery,
return receipt requested, and the subpoena
shall be deemed served
on the date delivery is made or the date
the person refuses to
accept delivery.
A sheriff's deputy who serves a subpoena shall receive the
same fees as a
sheriff. Each witness who
appears before the board
in
obedience to a subpoena shall receive the fees
and mileage
provided for witnesses in civil cases in the courts
of common
pleas.
(4) All hearings and investigations of the board shall be
considered civil actions for the purposes of section 2305.252 of
the Revised Code.
(5) Information received by the board pursuant to an
investigation is confidential and not subject to discovery in any
civil
action.
The board shall conduct all investigations and proceedings
in
a manner that protects the
confidentiality of patients and persons
who file complaints with the
board. The
board shall not make
public the names or any other identifying
information about
patients or complainants unless proper consent is
given or, in the
case of a patient, a
waiver of the patient privilege exists under
division (B) of
section 2317.02 of the Revised Code, except that
consent
or a waiver of that nature is not required if the board
possesses reliable and
substantial evidence that no bona fide
physician-patient
relationship exists.
The board may
share any information it receives pursuant to
an investigation, including
patient records and patient record
information, with law
enforcement agencies, other licensing
boards, and other
governmental
agencies that are prosecuting,
adjudicating, or investigating alleged
violations of statutes or
administrative rules. An agency
or board that receives the
information shall comply with the same
requirements regarding
confidentiality as those with which the state medical
board must
comply, notwithstanding any conflicting provision
of the Revised
Code or procedure
of the agency or board that applies when it is
dealing with
other information in its possession. In a judicial
proceeding,
the information
may
be admitted into evidence only in
accordance with
the Rules of Evidence, but the court shall require
that appropriate measures are taken to ensure that
confidentiality
is maintained with respect to any part of the information that
contains names or other identifying information about patients or
complainants
whose confidentiality was protected by the state
medical board when the
information was in the board's possession.
Measures to ensure confidentiality
that may be taken by the court
include sealing its records or deleting
specific information
from
its records.
(6) On a quarterly basis, the board shall prepare a report
that documents the disposition of all cases during the preceding
three months. The report shall contain the following information
for each case with which the board has completed its activities:
(a) The case number assigned to the complaint or alleged
violation;
(b) The type of certificate to practice, if
any, held by the
individual against whom the complaint is
directed;
(c) A description of the allegations contained in the
complaint;
(d) The disposition of the case.
The report shall state how many cases are still pending
and
shall be prepared in a manner that
protects the identity
of each
person involved in each case. The report shall be a
public record
under section 149.43 of the Revised Code.
(G) If the secretary and supervising member determine that
there is clear and convincing evidence that
an individual has
violated division (B) of this section and that the
individual's
continued practice presents a
danger of
immediate and serious harm
to the public, they may recommend that
the board suspend the
individual's
certificate to practice without a
prior hearing.
Written allegations shall be prepared for consideration by the
board.
The board, upon review of those allegations and by an
affirmative vote
of not fewer than six of its members, excluding
the secretary and
supervising member, may suspend a certificate
without a prior
hearing. A telephone conference call may be
utilized for
reviewing the allegations and taking the vote on the
summary suspension.
The board shall issue a written order of suspension by
certified mail or in person in accordance with section 119.07 of
the Revised Code. The order shall not be subject to
suspension
by
the court during pendency of any appeal filed under section
119.12
of the Revised Code. If the individual
subject to the summary
suspension requests
an adjudicatory hearing by the board, the date
set for the
hearing shall be within fifteen days, but not earlier
than seven
days, after the individual
requests the hearing,
unless
otherwise agreed to by both the board and the individual.
Any summary suspension imposed under this division shall
remain in effect, unless reversed on appeal, until a final
adjudicative order issued by the board pursuant to this section
and Chapter 119. of the Revised Code becomes effective. The
board
shall issue its final adjudicative order within sixty days
after
completion of its hearing. A failure to issue the order
within
sixty days shall result in dissolution of the summary
suspension
order but shall not invalidate any subsequent, final
adjudicative
order.
(H) If the board takes action under division
(B)(9), (11),
or (13) of this section and the judicial
finding of guilt, guilty
plea, or judicial finding of
eligibility for intervention in lieu
of conviction is
overturned on appeal,
upon
exhaustion of the
criminal appeal, a petition for reconsideration
of the order may
be filed with the board along with appropriate
court documents.
Upon receipt of a petition of that
nature and supporting court
documents, the board shall reinstate the
individual's certificate
to practice. The
board may then hold an adjudication under
Chapter 119. of the Revised Code to
determine whether the
individual
committed
the act in question. Notice of an
opportunity for a hearing
shall be given in accordance with
Chapter 119. of the Revised Code. If the
board finds, pursuant to
an adjudication held under this division,
that the individual
committed
the act or if
no hearing is requested, the board may
order any of the sanctions
identified under division (B) of this
section.
(I) The certificate to practice issued to an individual
under
this chapter and the individual's practice in this
state are
automatically suspended as of the date of the individual's second
or subsequent plea of guilty to, or judicial finding of guilt of,
a violation of section 2919.123 of the Revised Code, or the date the individual pleads
guilty to, is found by a judge
or jury to be guilty of, or is
subject to a judicial
finding of eligibility for intervention in
lieu of conviction in this state
or treatment or intervention in
lieu of conviction in another
jurisdiction for
any of the
following
criminal offenses in this state or a
substantially
equivalent criminal offense in another jurisdiction: aggravated
murder, murder, voluntary
manslaughter, felonious assault,
kidnapping, rape, sexual
battery, gross sexual imposition,
aggravated arson, aggravated
robbery, or aggravated burglary.
Continued
practice after suspension shall be considered practicing
without a certificate.
The board shall notify the
individual subject to the
suspension by certified mail or in person in
accordance with
section 119.07 of the Revised Code. If an
individual whose
certificate is automatically suspended under this
division fails to make a
timely request for an adjudication under
Chapter 119. of the
Revised Code,
the board shall do whichever of the
following is applicable:
(1) If the automatic suspension under this division is for a
second or subsequent plea of guilty to, or judicial finding of
guilt of, a violation of section 2919.123 of the Revised Code, the
board shall enter an order suspending the individual's certificate
to practice for a period of at least one year or, if determined
appropriate by the board, imposing a more serious sanction
involving the individual's certificate to practice.
(2) In all circumstances in which division (I)(1) of this section does not
apply, enter a final order permanently
revoking the
individual's certificate to practice.
(J) If the board is required by
Chapter 119. of the Revised
Code to give notice of an
opportunity for a hearing and if the
individual subject to the notice
does not timely request a
hearing
in accordance with section
119.07 of the Revised Code, the board
is not required
to hold a hearing, but may adopt, by an
affirmative vote of
not fewer than
six of its members, a final
order that contains the board's
findings. In that final order,
the board may order any of the
sanctions identified under division
(A) or (B) of this section.
(K) Any action taken by the board under division (B) of
this
section resulting in a suspension from practice shall be
accompanied by a written statement of the conditions under which
the individual's certificate to practice may be
reinstated. The
board
shall adopt rules governing conditions to be imposed for
reinstatement. Reinstatement of a certificate suspended pursuant
to division (B) of this section requires an affirmative vote of
not fewer than six members of the board.
(L) When the board
refuses to grant a certificate to an
applicant,
revokes an individual's
certificate to practice,
refuses to register an applicant, or
refuses to reinstate an
individual's certificate to practice,
the board may specify that
its action is permanent. An
individual subject to a permanent
action taken by the board is
forever thereafter ineligible to hold
a certificate to practice
and the board shall not accept an
application for reinstatement of the
certificate or for issuance
of a new certificate.
(M) Notwithstanding any other provision of the Revised
Code,
all of the following apply:
(1) The surrender of a certificate issued under this
chapter
shall not be effective
unless or until accepted by the board.
Reinstatement of a
certificate surrendered to the board requires
an affirmative vote
of not fewer than six members of the board.
(2) An application for a certificate made
under the
provisions of this chapter
may not be withdrawn without approval
of the board.
(3) Failure by an individual to renew a certificate
of
registration in accordance with this chapter shall not remove or
limit the
board's
jurisdiction to take any disciplinary action
under this section
against the individual.
(N) Sanctions shall not be imposed under division
(B)(28) of
this section against any person who
waives deductibles and
copayments as follows:
(1) In compliance with the health benefit plan that
expressly allows such a practice. Waiver of the deductibles or
copayments shall be made only with the full knowledge and consent
of
the plan purchaser, payer, and third-party administrator.
Documentation of
the consent shall be made available to the board
upon request.
(2) For professional services rendered to any other person
authorized to practice pursuant to this chapter,
to the extent
allowed by this
chapter and rules adopted by the board.
(O) Under the board's investigative duties described in
this
section and subject to division (F) of this section, the
board
shall
develop and implement a quality intervention program
designed to improve
through remedial
education the clinical and
communication skills of individuals authorized
under this chapter
to practice medicine and surgery, osteopathic medicine and
surgery, and podiatric medicine and surgery. In
developing and
implementing the quality intervention program, the board may do
all of the following:
(1) Offer in appropriate cases as determined by the board an
educational
and assessment program pursuant to an investigation
the
board conducts under this section;
(2) Select providers of educational and assessment services,
including a
quality intervention program panel of case reviewers;
(3) Make referrals to educational and
assessment service
providers and
approve individual educational programs recommended
by those providers. The
board shall monitor the progress of each
individual
undertaking a recommended individual educational
program.
(4) Determine what constitutes successful completion of an
individual educational program and require further monitoring of
the
individual who completed the program or other
action that the
board determines to be appropriate;
(5) Adopt rules in accordance with Chapter 119. of the
Revised Code to
further
implement the quality intervention
program.
An individual who participates in an individual
educational
program pursuant
to this division shall pay the financial
obligations arising from that
educational program.
Sec. 4731.281. (A) On or before the deadline established
under division
(B) of this section for applying for renewal
of a
certificate of registration, each person
holding a certificate
under this chapter to practice medicine and
surgery, osteopathic
medicine and surgery, or podiatric
medicine and surgery shall
certify to the state medical board that in the preceding two years
the person
has completed one
hundred hours of continuing medical
education. The
certification shall be made upon the application
for biennial
registration submitted pursuant to division
(B) of
this section. The board shall adopt rules providing for pro rata
reductions by
month of the number of hours of continuing education
required
for persons who are in their first registration period,
who have a
registration period of less than two years due to
initial implementation of
the staggered renewal schedule
established under division (B) of this
section, who have
been
disabled due to illness or accident, or who have been
absent from
the country.
In determining whether a course, program, or activity
qualifies for credit as continuing medical education, the board
shall approve all continuing medical education taken
by persons
holding a certificate to practice medicine and surgery
that is
certified by the Ohio state medical association,
all continuing
medical education taken by
persons holding a certificate to
practice osteopathic medicine
and surgery that is certified by the
Ohio osteopathic
association, and all continuing medical
education
taken by persons holding a certificate to practice
podiatry that
is certified by the Ohio podiatric medical
association. Each
person holding a certificate
to practice under this chapter
shall
be given sufficient choice of continuing education programs
to
ensure that the person has had a reasonable opportunity to
participate
in continuing education programs that are relevant to
the person's
medical
practice in terms of subject matter and
level.
The board may
require a random sample of persons holding a
certificate to
practice under this chapter to submit materials
documenting
completion of the continuing medical education
requirement during
the preceding registration period, but this
provision shall not
limit the board's authority to investigate
pursuant to section
4731.22 of the Revised Code.
(B)(1) Every person holding a certificate under this chapter
to
practice medicine and surgery, osteopathic medicine and
surgery,
or podiatric medicine and surgery wishing to renew that
certificate shall
apply to the board for a certificate of
registration upon an application furnished by the board, and pay
to the
board at the time of application a fee of three
hundred
five dollars, according to the following
schedule:
(a) Persons whose last name begins with the letters "A"
through
"B," on or before April 1, 2001, and the first day of
April of
every odd-numbered year thereafter;
(b) Persons whose last name begins with the letters "C"
through
"D," on or before January 1, 2001, and the first day of
January
of every odd-numbered year thereafter;
(c) Persons whose last name begins with the
letters "E"
through "G," on or before October 1,
2000, and the first
day of
October of every
even-numbered year thereafter;
(d) Persons whose last name begins
with the letters "H"
through
"K," on or before July 1, 2000, and the first day
of July
of every even-numbered year thereafter;
(e) Persons whose last name begins with the
letters "L"
through
"M," on or before April 1, 2000, and the first
day of
April of every even-numbered year thereafter;
(f) Persons whose last name begins with the
letters "N"
through
"R," on or before
January 1, 2000, and the first
day of
January of every
even-numbered year thereafter;
(g) Persons whose last name begins
with the letters "S," on
or before October 1, 1999, and the
first day of October of every
odd-numbered year thereafter;
(h) Persons whose last name begins
with the letters "T"
through "Z," on or before
July 1, 1999, and the first day of July
of every
odd-numbered year thereafter.
The board shall deposit the
fee in accordance with section
4731.24 of
the Revised Code, except that the
board shall deposit
twenty dollars of the fee into the state
treasury
to the credit of
the physician loan repayment fund
created by
section 3702.78 of
the Revised Code.
(2) The board shall mail or cause to be mailed to every
person
registered to practice medicine and surgery, osteopathic
medicine
and surgery, or podiatric medicine and surgery, an
application for registration
addressed to the person's last known
post-office address or
may cause the application to be sent to
the
person through the
secretary of any recognized medical,
osteopathic, or podiatric
society, according to the following
schedule:
(a) To persons whose last name begins with the letters "A"
through "B," on or before January 1, 2001, and the first
day of
January of every odd-numbered year thereafter;
(b) To persons whose last name begins with the
letters "C"
through "D," on or before
October 1, 2000, and the first day of
October of every
even-numbered year thereafter;
(c) To persons whose last name begins with the
letters "E"
through
"G," on or before
July 1, 2000, and the first day
of July
of every even-numbered
year thereafter;
(d) To persons whose last name begins
with the letters "H"
through
"K," on or before
April 1, 2000, and the first
day of
April of every
even-numbered year thereafter;
(e) To persons whose last name begins with the
letters "L"
through
"M," on or before
January 1, 2000, and the first
day of
January of every
even-numbered year thereafter;
(f) To persons whose last name begins with the
letters "N"
through
"R," on or before
October 1, 1999, and the first
day of
October of every
odd-numbered year thereafter;
(g) To persons whose last name begins
with the letters "S,"
on or
before July 1, 1999, and the
first day of July of every
odd-numbered year thereafter;
(h) To persons whose last name begins
with the letters "T"
through
"Z," on or before
April 1, 1999, and the first
day of
April of every
odd-numbered year thereafter;
Failure of any person to receive an application from
the
board shall not excuse the person from the requirements
contained
in
this section. The application shall contain proper spaces for
the
applicant's signature and the insertion of the required
information, including a statement that the person has
fulfilled
the
continuing education requirements imposed by this section.
The applicant shall write or cause to be written upon the
application so furnished the applicant's full name,
principal
practice
address and residence address, the number of the
applicant's
certificate to
practice, and any other facts for the
identification of the
applicant as a person holding a certificate
to practice under
this chapter as the board considers necessary.
The
applicant shall include with the application a list of the
names and addresses
of any clinical nurse specialists, certified
nurse-midwives, or certified
nurse practitioners with whom the
applicant is currently collaborating,
as defined in section
4723.01 of the Revised Code.
The applicant shall
execute
and
deliver the application to the board by mail or in
person. Every
person
registered under this section shall give written notice to
the
board of any change of principal practice address or residence
address or in the list within thirty days of the change.
The applicant shall report any criminal offense that
constitutes grounds for refusal of registration under section
4731.22 of the Revised Code to which the applicant has pleaded
guilty, of which the applicant has been
found guilty, or
for which
the applicant has been found eligible for
intervention
in lieu of
conviction, since last
signing an application for
a certificate of
registration.
(C) The board shall issue to any person holding a
certificate
under this chapter to practice medicine and surgery,
osteopathic
medicine and surgery, or podiatric medicine and
surgery, upon application and
qualification therefor in accordance
with this section, a
certificate of registration under the seal of
the board. A
certificate of registration shall be valid for a
two-year period,
commencing on
the first day of the third month
after the registration fee
is due and expiring on the last day of
the month two years
thereafter.
The board shall publish
and
cause to be mailed to each person
registered under this section,
upon request, a printed list of the
persons so registered.
(D) Failure of any certificate holder to register and comply
with this section shall operate automatically to suspend the
holder's
certificate to practice. Continued
practice after the
suspension of the certificate to practice shall be considered as
practicing in violation of section 4731.41,
4731.43, or 4731.60 of
the Revised Code.
If the
certificate has been suspended
pursuant to this division for two years or
less, it may be
reinstated. The
board shall reinstate a certificate to practice
for failure to register upon an applicant's submission of the
biennial registration fee, the
applicable monetary penalty, and
certification by signature of the
applicant that the applicant has
completed the requisite
continuing medical education. The penalty
for reinstatement shall be
fifty dollars.
If the certificate has
been suspended pursuant to this division for more
than two years,
it may be restored. In accordance with section 4731.222 of the
Revised Code,
the board may restore a certificate to practice for
failure to register upon
an
applicant's submission of a
restoration application, the biennial registration
fee, and the
applicable monetary penalty. The penalty for restoration shall
be
one hundred dollars. The board shall deposit the penalties in
accordance with section 4731.24 of the Revised
Code.
(E) If an individual certifies completion of the number of
hours
and
type of continuing medical education required to receive
a
certificate of registration or reinstatement of a certificate to
practice, and the board finds through the random samples it
conducts under this section or through any other means that the
individual did not complete the requisite continuing medical
education, the board may impose a civil penalty of not more than
five thousand dollars. The board's finding shall be made
pursuant
to an adjudication under Chapter 119. of the
Revised Code and by
an affirmative vote of not
fewer than six members.
A civil penalty imposed under this division may be in
addition to or in lieu of any other action the board may take
under section 4731.22 of the Revised Code. The
board shall
deposit civil penalties in accordance with section
4731.24 of the
Revised Code.
(F) The state medical board may obtain information not
protected by statutory or common law privilege from courts and
other sources concerning malpractice claims against any person
holding a certificate to practice under this chapter or
practicing
as provided in section 4731.36 of the Revised Code.
(G) Each mailing sent by the board under division (B)(2) of this section to a person registered to practice medicine and surgery or osteopathic medicine and surgery shall inform the applicant of the reporting requirement established by division (H) of section 3701.79 of the Revised Code. At the discretion of the board, the information may be included on the application or on an accompanying page.
Sec. 4781.04. (A) The manufactured homes commission shall adopt rules pursuant to Chapter 119. of the Revised Code to do all of the following:
(1) Establish uniform standards that govern the installation of manufactured housing. The standards shall Not later than one hundred eighty days after the secretary of the United States department of housing and urban development adopts model standards for the installation of manufactured housing or amends those standards, the commission shall amend its standards as necessary to be consistent with, and not less stringent than, the model standards for the design and installation of manufactured housing adopted by the secretary of the United States department of housing and urban development adopts or any manufacturers' standards that the secretary determines are equal to or not less stringent than the model standards.
(2) Govern the inspection of the installation of manufactured housing. The rules shall specify that the department of health or a licensor, as determined by the director of health, shall conduct all inspections of the installation of manufactured housing located in manufactured home parks to determine compliance with the uniform installation standards the commission establishes pursuant to this section. The rules shall specify that all installation inspections in a manufactured home park the department of health or the licensor conducts shall be conducted by a person who has completed an installation training course approved by the commission pursuant to division (B) of section 4781.04 of the Revised Code.
As used in division (A)(2) of this section, "licensor" has the same meaning as in section 3733.01 of the Revised Code.
(3) Govern the design, construction, installation, approval, and inspection of foundations and the base support systems for manufactured housing. The rules shall specify that the department of health or the licensor, as determined by the director of health, shall conduct all inspections of the installation, foundations, and base support systems of manufactured housing located in manufactured home parks to determine compliance with the uniform installation standards and foundation and base support system design the commission establishes pursuant to this section. The rules shall specify that all foundation and base support system inspections in a manufactured home park the department of health or the licensor conducts shall be conducted by a person who has completed an installation training course approved by the commission pursuant to division (B) of section 4781.04 of the Revised Code.
As used in division (A)(3) of this section, "licensor" has the same meaning as in section 3733.01 of the Revised Code.
(4) Govern the training, experience, and education requirements for manufactured housing installers;
(5) Establish a code of ethics for manufactured housing installers;
(6) Govern the issuance, revocation, and suspension of licenses to manufactured housing installers;
(7) Establish fees for the issuance and renewal of licenses, for conducting inspections to determine an applicant's compliance with this chapter and the rules adopted pursuant to it, and for the commission's expenses incurred in implementing this chapter;
(8) Establish conditions under which a licensee may enter into contracts to fulfill the licensee's responsibilities;
(9) Govern the investigation of complaints concerning any violation of this chapter or the rules adopted pursuant to it or complaints involving the conduct of any licensed manufactured housing installer or person installing manufactured housing without a license;
(10) Establish a dispute resolution program for the timely resolution of warranty issues involving new manufactured homes, disputes regarding responsibility for the correction or repair of defects in manufactured housing, and the installation of manufactured housing. The rules shall provide for the timely resolution of disputes between manufacturers, retailers, and installers regarding the correction or repair of defects in manufactured housing that are reported by the purchaser of the home during the one-year period beginning on the date of installation of the home. The rules also shall provide that decisions made regarding the dispute under the program are not binding upon the purchaser of the home or the other parties involved in the dispute unless the purchaser so agrees in a written acknowledgement that the purchaser signs and delivers to the program within ten business days after the decision is issued.
(11) Establish the requirements and procedures for the certification of building departments and building department personnel pursuant to section 4781.07 of the Revised Code;
(12) Establish fees to be charged to building departments and building department personnel applying for certification and renewal of certification pursuant to section 4781.07 of the Revised Code;
(13) Carry out any other provision of this chapter.
(B) The manufactured homes commission shall do all of the following:
(1) Prepare and administer a licensure examination to determine an applicant's knowledge of manufactured housing installation and other aspects of installation the commission determines appropriate;
(2) Select, provide, or procure appropriate examination questions and answers for the licensure examination and establish the criteria for successful completion of the examination;
(3) Prepare and distribute any application form this chapter requires;
(4) Receive applications for licenses and renewal of licenses and issue licenses to qualified applicants;
(5) Establish procedures for processing, approving, and disapproving applications for licensure;
(6) Retain records of applications for licensure, including all application materials submitted and a written record of the action taken on each application;
(7) Review the design and plans for manufactured housing installations, foundations, and support systems;
(8) Inspect a sample of homes at a percentage the commission determines to evaluate the construction and installation of manufactured housing installations, foundations, and support systems to determine compliance with the standards the commission adopts;
(9) Investigate complaints concerning violations of this chapter or the rules adopted pursuant to it, or the conduct of any manufactured housing installer;
(10) Determine appropriate disciplinary actions for violations of this chapter;
(11) Conduct audits and inquiries of manufactured housing installers as appropriate for the enforcement of this chapter. The commission, or any person the commission employs for the purpose, may review and audit the business records of any manufactured housing installer during normal business hours.
(12) Approve an installation training course, which may be offered by the Ohio manufactured homes association or other entity;
(13) Perform any function or duty necessary to administer this chapter and the rules adopted pursuant to it.
Sec. 4905.79. Any telephone company, as defined in section
5727.01 of the Revised Code, or, as authorized by the public utilities commission, any affiliate of such a company, that is required to provide provides 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 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. 5111.011. (A) As used in this section:
(1) "Intermediate care facility for the mentally retarded" has the same meaning as in section 5111.20 of the Revised Code.
(2) "Nursing facility" has the same meaning as in section 5111.20 of the Revised Code.
(3) "Institutionalized individual" means an individual who
is a patient in a nursing facility or who receives home and
community-based services under a federal waiver granted the
department of job and family services under 42 U.S.C.
1396a(10)(A)(ii)(VI).
(B) Subject to this section, the The director of
job and family services shall, pursuant to section 111.15
of the Revised Code,
adopt rules establishing eligibility requirements for the medicaid program and defining,. The rules shall be adopted pursuant to section 111.15 of the Revised Code and shall be consistent with federal and state law, the
term "resources" as used in this section. The rules shall include rules that do all of the following:
(C) In determining eligibility for the medicaid program, the following shall apply with respect to real property used by an aged, blind or disabled applicant or recipient as a homestead or principal place of residence:
(1) The value of the
property shall be the maximum allowed under
Title XVI of the "Social Security Act," 86 Stat. 1329 (1972), 42 U.S.C. 1381;
(2) Except as provided in division (C)(3) of this section, the department of job and family services may consider the property to not be the homestead or principal place of residence of the applicant or recipient if the applicant or recipient resides in a nursing facility, intermediate care facility for the mentally retarded, or other medical institution for thirteen months or longer.
(3) Division (C)(2) of this section does not apply if any of the following individuals reside in the applicant's or recipient's real property used as a homestead or principal place of residence:
(a) The applicant's or recipient's spouse;
(b) A son or daughter of the applicant or recipient, if the son or daughter is under twenty-one years of age or blind or disabled in accordance with rules adopted by the director of job and family services;
(c) A son or daughter of the applicant or recipient, if the son or daughter is financially dependent on the applicant or recipient for housing in accordance with rules adopted by the director of job and family services;
(d) A sibling of the applicant or recipient, if the sibling has a verified equity and ownership interest in the real property and has resided in the real property for at least one year immediately before the date the applicant or recipient was admitted to the nursing facility, intermediate care facility for the mentally retarded, or other medical institution.
(D) Except as provided in division (G) of this
section,
no person is eligible for the medicaid program if on or
prior to December 31, 1989, the person has transferred real
or personal property for the purpose of securing medicaid eligibility and the transfer occurred
during the two years preceding the person's application. In
order to secure compliance with this division, the director of job and
family services
shall require all applicants for medicaid to submit
true and correct copies of any federal income or gift tax form or
schedule filed, singly or jointly, by the applicant during the
preceding five taxable years. Such copies, and the information
disclosed thereon, shall be used solely for the purpose of
determining the probability of whether the applicant has
transferred assets in violation of this division. The director
shall provide for the confidentiality and return of any copies of
forms or schedules submitted under this division. Where such
copies reveal the probability that an applicant has transferred
assets in violation of this division, a presumption arises that
the applicant has transferred assets in violation of this
division, and the director shall deny the application until the
applicant submits a true and accurate expenditure statement to
the director that shows the applicant did not violate this
division. The director of job and family services shall adopt rules to
implement this provision.
(E)(1) Except as provided in divisions (E)(2) and (G) of this
section, an institutionalized individual who is otherwise
eligible for medicaid shall be ineligible for nursing
facility services or services provided under a home and
community-based waiver for a period specified in rules adopted
under division (E)(3) of this section if the institutionalized
individual or individual's spouse, on or after January 1, 1990, transfers resources for less than
fair market value at
any time during or after the five-year period immediately prior
to either of the following:
(a) The date the individual becomes an institutionalized
individual if the individual is eligible for medicaid on that date;
(b) The date the individual applies for medicaid
while an institutionalized individual.
(2) The director shall apply to the United States secretary of health and human services for a waiver of federal law governing the medicaid program as necessary for the implementation of the five-year look-back period provided for by division (E)(1) of this section. If a waiver is not approved, the look-back period shall be the period of time specified in 42 U.S.C. 1396p(c).
(3) The director shall adopt rules specifying, for
the
purpose of division (E)(1) of this section, the length of the
period of ineligibility due to transfers of resources for less than fair market value on or after the look-back date. The period of ineligibility shall begin
with the month in which the resources were transferred. The
rules shall be consistent with Title XIX of the "Social Security
Act," 79 Stat. 286 (1965), 42 U.S.C. 1396. The department shall allow exceptions to the period of
ineligibility to the extent that exceptions are permitted by that
title. An exception based on undue hardship to the
institutionalized individual shall be allowed only so long as the
individual cooperates with the department or the county department of
job and family
services in securing the return of
transferred resources.
(4) To secure compliance with this division, the
department may require applicants for and recipients of medicaid, as a condition of eligibility, to provide
documentation of their income and resources up to five years
prior to the date the individual becomes an institutionalized individual if the individual is eligible for medicaid on that date or the date the individual applies for medicaid while an institutionalized individual. Documentation may include, but
is not limited to, tax returns, records from financial
institutions, and real property records.
(F) The director shall, by rule adopted in
accordance
with section 111.15 of the Revised Code, establish standards
consistent with federal law for allocating income and resources
as income and resources of the spouse, children, parents, or
stepparents of a recipient of or applicant for medicaid.;
(2) Define the term "resources" as used in division (A)(1) of this section;
(3) Specify the number of months that is to be used for the purpose of the term "look-back date" used in section 5111.0116 of the Revised Code;
(4) Establish processes to be used to determine both of the following:
(a) The date an institutionalized individual's ineligibility for services under section 5111.0116 of the Revised Code is to begin;
(b) The number of months an institutionalized individual's ineligibility for such services is to continue.
(5) Establish exceptions to the period of ineligibility that an institutionalized individual would otherwise be subject to under section 5111.0116 of the Revised Code;
(6) Define the term "other medicaid-funded long-term care services" as used in sections 5111.0117 and 5111.0118 of the Revised Code;
(7) For the purpose of division (C)(2)(c) of section 5111.0117 of the Revised Code, establish the process to determine whether the child of an aged, blind, or disabled individual is financially dependent on the individual for housing.
(B) Notwithstanding any provision of state law,
including statutes, administrative rules, common law, and court
rules, regarding real or personal property or domestic relations,
the standards established under this rules adopted under division (A)(1) of this section shall be used to
determine eligibility for medicaid.
(G) The director
may, by rule adopted in accordance with section 111.15 of the
Revised
Code, exempt individuals who
apply for or receive medicaid that may be provided
pursuant to division (C) of
section 5111.01 of the Revised
Code from some or all of the
requirements of this section.
Sec. 5111.0112. (A) Not later than July 1, 2006, the director of job and family services
shall
institute a copayment program under the medicaid program. The To the extent permitted by federal law, the copayment program shall establish a copayment requirement for only dental services, vision services, nonemergency emergency department services, and prescription drugs, other than generic drugs, to the extent permitted by federal statutes and regulations. The
director shall adopt rules under section 5111.02 of the
Revised Code governing the
copayment program.
(B) The copayment program shall, to the extent permitted by federal law, provide for all of the following with regard to any providers participating in the medicaid program:
(1) No provider shall refuse to provide a service to a medicaid recipient who is unable to pay a required copayment for the service.
(2) Division (B)(1) of this section shall not be considered to do either of the following with regard to a medicaid recipient who is unable to pay a required copayment:
(a) Relieve the medicaid recipient from the obligation to pay a copayment;
(b) Prohibit the provider from attempting to collect an unpaid copayment.
(3) No Except as provided in division (C) of this section, no provider shall waive a medicaid recipient's obligation to pay the provider a copayment.
(4) No provider or drug manufacturer, including the manufacturer's representative, employee, independent contractor, or agent, shall pay any copayment on behalf of a medicaid recipient.
(5) If it is the routine business practice of the provider to refuse service to any individual who owes an outstanding debt to the provider, the provider may consider an unpaid copayment imposed by the copayment program as an outstanding debt and may refuse service to a medicaid recipient who owes the provider an outstanding debt. If the provider intends to refuse service to a medicaid recipient who owes the provider an outstanding debt, the provider shall notify the individual of the provider's intent to refuse services.
(C) In the case of a provider that is a hospital, the copayment program shall permit the hospital to take action to collect a copayment by providing, at the time services are rendered to a medicaid recipient, notice that a copayment may be owed. If the hospital provides the notice and chooses not to take any further action to pursue collection of the copayment, the prohibition against waiving copayments specified in division (B)(3) of this section does not apply.
Sec. 5111.0116. (A) As used in this section:
(1) "Assets" include all of an individual's income and resources and those of the individual's spouse, including any income or resources the individual or spouse is entitled to but does not receive because of action by any of the following:
(a) The individual or spouse;
(b) A person or government entity, including a court or administrative agency, with legal authority to act in place of or on behalf of the individual or spouse;
(c) A person or government entity, including a court or administrative agency, acting at the direction or on the request of the individual or spouse.
(2) "Home and community-based services" means home and community-based services furnished under a medicaid waiver granted by the United States secretary of health and human services under 42 U.S.C. 1396n(c) or (d).
(3) "Institutionalized individual" means a resident of a nursing facility, an inpatient in a medical institution for whom a payment is made based on a level of care provided in a nursing facility, or an individual described in 42 U.S.C. 1396a(a)(10)(A)(ii)(VI).
(4) "Look-back date" means the date that is a number of months specified in rules adopted under section 5111.011 of the Revised Code immediately before either of the following:
(a) The date an individual becomes an institutionalized individual if the individual is eligible for medicaid on that date;
(b) The date an individual applies for medicaid while an institutionalized individual.
(5) "Nursing facility" has the same meaning as in section 5111.20 of the Revised Code.
(6) "Nursing facility equivalent services" means services that are covered by the medicaid program, equivalent to nursing facility services, provided by an institution that provides the same level of care as a nursing facility, and provided to an inpatient of the institution who is a medicaid recipient eligible for medicaid-covered nursing facility equivalent services.
(7) "Nursing facility services" means nursing facility services covered by the medicaid program that a nursing facility provides to a resident of the nursing facility who is a medicaid recipient eligible for medicaid-covered nursing facility services.
(B) Except as provided in rules adopted under section 5111.011 of the Revised Code, an institutionalized individual is ineligible for nursing facility services, nursing facility equivalent services, and home and community-based services if the individual or individual's spouse disposes of assets for less than fair market value on or after the look-back date. The institutionalized individual's ineligibility shall begin on a date determined in accordance with rules adopted under section 5111.011 of the Revised Code and shall continue for a number of months determined in accordance with such rules.
(C) To secure compliance with this section, the director of job and family services may require an individual, as a condition of initial or continued eligibility for medicaid, to provide documentation of the individual's assets up to five years before the date the individual becomes an institutionalized individual if the individual is eligible for medicaid on that date or the date the individual applies for medicaid while an institutionalized individual. Documentation may include tax returns, records from financial institutions, and real property records.
Sec. 5111.0117. (A) As used in this section and section 5111.0118 of the Revised Code:
(1) "ICF/MR services" means intermediate care facility for the mentally retarded services covered by the medicaid program that an intermediate care facility for the mentally retarded provides to a resident of the facility who is a medicaid recipient eligible for medicaid-covered intermediate care facility for the mentally retarded services.
(2) "Intermediate care facility for the mentally retarded" has the same meaning as in section 5111.20 of the Revised Code.
(3) "Nursing facility" has the same meaning as in section 5111.20 of the Revised Code.
(4) "Nursing facility services" means nursing facility services covered by the medicaid program that a nursing facility provides to a resident of the nursing facility who is a medicaid recipient eligible for medicaid-covered nursing facility services.
(5) "Other medicaid-funded long-term care services" has the meaning specified in rules adopted under section 5111.011 of the Revised Code.
(B) Except as provided by division (C) of this section and for the purpose of determining whether an aged, blind, or disabled individual is eligible for nursing facility services, ICF/MR services, or other medicaid-funded long-term care services, the director of job and family services may consider an aged, blind, or disabled individual's real property to not be the individual's homestead or principal place of residence once the individual has resided in a nursing facility, intermediate care facility for the mentally retarded, or other medical institution for at least thirteen months.
(C) Division (B) of this section does not apply to an individual if any of the following reside in the individual's real property that, because of this division, continues to be considered the individual's homestead or principal place of residence:
(1) The individual's spouse;
(2) The individual's child if any of the following apply:
(a) The child is under twenty-one years of age.
(b) The child is considered blind or disabled under 42 U.S.C. 1382c.
(c) The child is financially dependent on the individual for housing as determined in accordance with rules adopted under section 5111.011 of the Revised Code.
(3) The individual's sibling if the sibling has a verified equity interest in the real property and resided in the real property for at least one year immediately before the date the individual was admitted to the nursing facility, intermediate care facility for the mentally retarded, or other medical institution.
Sec. 5111.0118. (A) Except as otherwise provided by this section, no individual shall qualify for nursing facility services or other medicaid-funded long-term care services if the individual's equity interest in the individual's home exceeds five hundred thousand dollars. The director of job and family services shall increase this amount effective January 1, 2011, and the first day of each year thereafter, by the percentage increase in the consumer price index for all urban consumers (all items; United States city average), rounded to the nearest one thousand dollars.
(B) This section does not apply to an individual if either of the following applies:
(1) Either of the following lawfully reside in the individual's home:
(a) The individual's spouse;
(b) The individual's child if the child is under twenty-one years of age or, under 42 U.S.C. 1382c, considered blind or disabled.
(2) The individual qualifies, pursuant to the process established under division (C) of this section, for a waiver of this section due to a demonstrated hardship.
(C) The director shall establish a process by which individuals may obtain a waiver of this section due to a demonstrated hardship. The process shall be consistent with the process for such waivers established by the United States secretary of health and human services under 42 U.S.C. 1396p(f)(4).
(D) Nothing in this section shall be construed as preventing an individual from using a reverse mortgage or home equity loan to reduce the individual's total equity interest in the home.
Sec. 5111.061. (A) The department of job and family services may recover a medicaid payment or portion of a payment made to a provider to which the provider is not entitled. The recovery may occur at any time if the department notifies the provider of the overpayment during the five-year period immediately following the end of the state fiscal year in which the overpayment was made.
(B) Among the overpayments that may be recovered under this section are the following:
(1) Payment for a service, or a day of service, not rendered;
(2) Payment for a day of service at a full per diem rate that should have been paid at a percentage of the full per diem rate;
(3) Payment for a service, or day of service, that was paid by, or partially paid by, a third-party, as defined in section 5101.571 of the Revised Code, and the third-party's payment or partial payment was not offset against the amount paid by the medicaid program to reduce or eliminate the amount that was paid by the medicaid program;
(4) Payment when a medicaid recipient's responsibility for payment was understated and resulted in an overpayment to the provider.
(C) During the period specified in division (A) of this section, the The department may recover an overpayment under this section prior to or after any of the following:
(1) Adjudication of a final fiscal audit that section 5111.06 of the Revised Code requires to be conducted in accordance with Chapter 119. of the Revised Code;
(2) Adjudication of a finding under any other provision of this chapter or the rules adopted under it;
(3) Expiration of the time to issue a final fiscal audit that section 5111.06 of the Revised Code requires to be conducted in accordance with Chapter 119. of the Revised Code;
(4) Expiration of the time to issue a finding under any other provision of this chapter or the rules adopted under it.
(D)(1) Subject to division (D)(2) of this section, the recovery of an overpayment under this section does not preclude the department from subsequently doing the following:
(a) Issuing a final fiscal audit in accordance with Chapter 119. of the Revised Code, as required under section 5111.06 of the Revised Code;
(b) Issuing a finding under any other provision of this chapter or the rules adopted under it.
(2) A final fiscal audit or finding issued subsequent to the recovery of an overpayment under this section shall be reduced by the amount of the prior recovery, as appropriate.
(E) Nothing in this section limits the department's authority to recover overpayments pursuant to any other provision of the Revised Code.
Sec. 5111.082 5111.081. 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. The department may receive a supplemental rebate negotiated under the program for a drug dispensed to a medicaid recipient pursuant to a prescription or a drug purchased by a medicaid provider for administration to a medicaid recipient in the provider's primary place of business.
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.
Sec. 5111.083 5111.082. (A) As used in this section:
(1) "State maximum allowable cost" means the per unit amount the department of job and family services reimburses a terminal distributor of dangerous drugs for a prescription drug included in the state maximum allowable cost program established under division (B) of this section. "State maximum allowable cost" excludes dispensing fees and copayments, coinsurance, or other cost-sharing charges, if any.
(2) "Terminal distributor of dangerous drugs" has the same meaning as in section 4729.01 of the Revised Code.
(B) The director of job and family services shall establish a state maximum allowable cost program for purposes of managing reimbursement to terminal distributors of dangerous drugs for prescription drugs identified by the director pursuant to this division. The director shall do all of the following with respect to the program:
(1) Identify and create a list of prescription drugs to be included in the program.
(2) Update the list of prescription drugs described in division (B)(1) of this section on a weekly basis.
(3) Review the state maximum allowable cost for each drug included on the list described in division (B)(1) of this section on a weekly basis.
(C) The director may adopt rules in accordance with Chapter 119. of the Revised Code to implement this section.
Sec. 5111.084 5111.083. (A) As used in this section, "licensed health professional authorized to prescribe drugs" has the same meaning as in section 4729.01 of the Revised Code.
(B) The director of job and family services may establish an e-prescribing system for the medicaid program under which a medicaid provider who is a licensed health professional authorized to prescribe drugs shall use an electronic system to prescribe a drug for a medicaid recipient when required to do so by division (C) of this section. The e-prescribing system shall eliminate the need for such medicaid providers to make prescriptions for medicaid recipients by handwriting or telephone. The e-prescribing system also shall provide such medicaid providers with an up-to-date, clinically relevant drug information database and a system of electronically monitoring medicaid recipients' medical history, drug regimen compliance, and fraud and abuse.
(C) If the director establishes an e-prescribing system under division (B) of this section, the director shall do all of the following:
(1) Require that a medicaid provider who is a licensed health professional authorized to prescribe drugs use the e-prescribing system during a fiscal year if the medicaid provider was one of the ten medicaid providers who, during the calendar year that precedes that fiscal year, issued the most prescriptions for medicaid recipients receiving hospital services;
(2) Before the beginning of each fiscal year, determine the ten medicaid providers that issued the most prescriptions for medicaid recipients receiving hospital services during the calendar year that precedes the upcoming fiscal year and notify those medicaid providers that they must use the e-prescribing system for the upcoming fiscal year;
(3) Seek the most federal financial participation available for the development and implementation of the e-prescribing system.
Sec. 5111.085 5111.084.
There is hereby established the pharmacy
and
therapeutics committee of the department of job and family
services. The
committee
shall consist of nine members and shall
be appointed by the director
of job and family services. The
membership of the
committee shall include: three
pharmacists
licensed under Chapter 4729. of the Revised Code; two doctors of
medicine and two doctors of osteopathy licensed under Chapter
4731. of the
Revised Code; a registered nurse licensed under
Chapter 4723. of the Revised
Code; and a pharmacologist who has a
doctoral degree. The committee shall
elect one of its members as
chairperson.
Sec. 5111.101. (A) As used in this section, "federal health care programs" has the same meaning as in 42 U.S.C. 1320a-7b(f).
(B) Each person and government entity that receives or makes medicaid payments in a calendar year that total five million dollars or more shall, as a condition of receiving such payments, do all of the following:
(1) Provide each of the person or government entity's employees (including management employees), contractors, and agents, detailed, written information about the role of all of the following in preventing and detecting fraud, waste, and abuse in federal health care programs:
(a) Federal false claims law under 31 U.S.C. 3729 to 3733;
(b) Federal administrative remedies for false claims and statements available under 31 U.S.C. 3801 to 3812;
(c) Sections 124.341, 2913.40, 2913.401, and 2921.13 of the Revised Code and any other state laws pertaining to civil or criminal penalties for false claims and statements;
(d) Whistleblower protections under the laws specified in divisions (B)(1)(a) to (c) of this section.
(2) Include in the written information provided under division (B)(1) of this section detailed information about the person or government entity's policies and procedures for preventing and detecting fraud, waste, and abuse.
(3) Include in the person or government entity's employee handbook a specific discussion of the laws specified in division (B)(1) of this section, the rights of employees to be protected as whistleblowers, and the person or government entity's policies and procedures for preventing and detecting fraud, waste, and abuse.
Sec. 5111.11. (A) As used in this section and section 5111.111 of the Revised Code:
(1) "Estate" includes both of the following:
(a) All real and personal property and other assets to be
administered
under Title XXI of the Revised Code and property that would be administered
under that title if not for section 2113.03 or 2113.031 of the
Revised Code;
(b) Any other real and personal property and other assets in which an individual had any legal title or interest at the time of death (to the extent of the interest), including assets conveyed to a survivor, heir, or assign of the individual through joint tenancy, tenancy in common, survivorship, life estate, living trust, or other arrangement.
(2) "Institution" means a nursing facility, intermediate care facility for the mentally retarded, or a medical institution.
(3) "Intermediate care facility for the mentally retarded" and "nursing facility" have the same meanings as in section 5111.20 of the Revised Code.
(4) "Permanently institutionalized individual" means an individual to whom all of the following apply:
(a) Is an inpatient in an institution;
(b) Is required, as a condition of the medicaid program paying for the individual's services in the institution, to spend for costs of medical or nursing care all of the individual's income except for an amount for personal needs specified by the department of job and family services;
(c) Cannot reasonably be expected to be discharged from the institution and return home as determined by the department of job and family services.
(5)
"Qualified state long-term care insurance partnership program" means the program established under section 5111.18 of the Revised Code.
(6) "Time of death" shall not be construed to mean a time after which a legal title or interest in real or personal property or other asset may pass by survivorship or other operation of law due to the death of the decedent or terminate by reason of the decedent's death.
(B) To the extent permitted by federal law, the department of job and family services shall
institute
an estate recovery program under which the department shall, except as provided in divisions (C) and, (D), and (E) of this section, do both of the following:
(1) For the costs of medicaid services the medicaid program correctly paid or will pay on behalf of a permanently institutionalized individual of any age, seek adjustment or recovery from the individual's estate or on the sale of property of the individual or spouse that is subject to a lien imposed under section 5111.111 of the Revised Code;
(2) For the costs of medicaid services the medicaid program correctly paid or will pay on behalf of an individual fifty-five years of age or older who is not a permanently institutionalized individual, seek adjustment or recovery from the individual's estate.
(C)(1) No adjustment or recovery may be made under division (B)(1) of this section from a permanently institutionalized individual's estate or on the sale of property of a permanently institutionalized individual that is subject to a lien imposed under section 5111.111 of the Revised Code or under division (B)(2) of this section from an individual's estate while either of the following are alive:
(a) The spouse of the permanently institutionalized individual or individual;
(b) The son or daughter of a permanently institutionalized individual or individual if the son or daughter is under age twenty-one or, under 42 U.S.C. 1382c, is considered blind or disabled.
(2) No adjustment or recovery may be made under division (B)(1) of this section from a permanently institutionalized individual's home that is subject to a lien imposed under section 5111.111 of the Revised Code while either of the following lawfully reside in the home:
(a) The permanently institutionalized individual's sibling who resided in the home for at least one year immediately before the date of the permanently institutionalized individual's admission to the institution and on a continuous basis since that time;
(b) The permanently institutionalized individual's son or daughter who provided care to the permanently institutionalized individual that delayed the permanently institutionalized individual's institutionalization and resided in the home for at least two years immediately before the date of the permanently institutionalized individual's admission to the institution and on a continuous basis since that time.
(D) In the case of a participant of the qualified state long-term care insurance partnership program, adjustment or recovery required by this section may be reduced in accordance with rules adopted under division (G) of this section.
(E) The department shall, in accordance with procedures and criteria established in rules adopted under division (G) of this section, waive seeking an adjustment or recovery otherwise required by this section if the director of job and family
services determines that adjustment or
recovery would work an undue hardship. The department may limit the duration of the waiver to the period during which the undue hardship exists.
The director, in accordance with
Chapter 119. of the Revised Code, shall adopt rules regarding the estate recovery program, including rules that establish procedures and criteria for
waiver of adjustment or recovery due to an undue hardship. These rules shall meet the
standards
specified by the United States secretary of
health and human
services under 42 U.S.C.
1396p(b)(3), as amended.
(E)(F) For the purpose of determining whether an individual meets the definition of "permanently institutionalized individual" established for this section, a rebuttable presumption exists that the individual cannot reasonably be expected to be discharged from an institution and return home if either of the following is the case:
(1) The individual declares that he or she does not intend to return home.
(2) The individual has been an inpatient in an institution for at least six months.
(G) The director of job and family services shall adopt rules in accordance with Chapter 119. of the Revised Code regarding the estate recovery program, including rules that do both of the following:
(1) For the purpose of division (D) of this section and consistent with 42 U.S.C. 1396p(b)(1)(C), provide for reducing an adjustment or recovery in the case of a participant of the qualified state long-term care insurance partnership program;
(2) For the purpose of division (E) of this section and consistent with the standards specified by the United States secretary of health and human services under 42 U.S.C. 1396p(b)(3), establish procedures and criteria for waiving adjustment or recovery due to an undue hardship.
Sec. 5111.151. (A) This section applies to eligibility determinations for all cases involving medical assistance medicaid 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 medicaid or the individual's spouse.
(8) "Recipient" is an individual who receives medical assistance benefits medicaid 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 medicaid qualifying trust if all of the following apply:
(a) The trust was established on or prior to August 10, 1993.
(b) The trust was not established by a will.
(c) The trust was established by an applicant or recipient.
(d) The applicant or recipient is or may become the beneficiary of all or part of the trust.
(e) Payment from the trust is determined by one or more trustees who are permitted to exercise any discretion with respect to the distribution to the applicant or recipient.
(2) If a trust meets the requirement of division (D)(1) of this section, the amount of the trust that is considered by the county department of job and family services as an available resource to the applicant or recipient shall be the maximum amount of payments permitted under the terms of the trust to be distributed to the applicant or recipient, assuming the full exercise of discretion by the trustee or trustees. The maximum amount shall include only amounts that are permitted to be distributed but are not distributed from either the income or principal of the trust.
(3) Amounts that are actually distributed from a Medicaid medicaid qualifying trust to a beneficiary for any purpose shall be treated in accordance with rules adopted by the department of job and family services governing income.
(4) Availability of a medicaid qualifying trust shall be considered without regard to any of the following:
(a) Whether or not the trust is irrevocable or was established for purposes other than to enable a grantor to qualify for medicaid, medical assistance for covered families and children, or as a qualified medicare beneficiary, specified low-income medicare beneficiary, qualifying individual-1, or qualifying individual-2;
(b) Whether or not the trustee actually exercises discretion.
(5) If any real or personal property is transferred to a medicaid qualifying trust that is not distributable to the applicant or recipient, the transfer shall be considered an improper transfer disposition of resources assets and shall be subject to section 5111.0116 of the Revised Code and rules to implement that section adopted by the department of job and family services governing improper transfers of resources under section 5111.011 of the Revised Code.
(6) The baseline date for the look-back period for transfers disposition of assets involving a medicaid qualifying 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 medicaid qualifying trusts:
(a) If a medicaid qualifying 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 medicaid qualifying 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 the 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 medicaid qualifying 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 shall be 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 medicaid.
(E)(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 (E)(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 disposition of resources assets and shall be subject to section 5111.0116 of the Revised Code and rules to implement that section adopted by the department of job and family services governing improper transfers of resources under section 5111.011 of the Revised Code.
(3) A trust that meets the requirements of division (E)(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 disposition of resources assets and shall be subject to section 5111.0116 of the Revised Code and rules to implement that section adopted by the department of job and family services governing improper transfers of resources under section 5111.011 of the Revised Code.
(d) The date of the transfer disposition 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 disposed asset 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 assets after the foreclosure date shall be considered a separate transfer disposition.
(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 dispositions 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 shall be 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 medicaid.
(F) 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 medicaid paid on behalf of the applicant or recipient.
(b) If a special needs trust meets the requirements of division (F)(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 (F) 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 disposition of resources assets.
(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 medicaid 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 medicaid. 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 medicaid. 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 medicaid 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 disposition of resources assets. 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 (F)(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 (F)(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 2006 is two hundred fourteen twenty-two 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 (F)(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.
(G)(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 (G)(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 (G)(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 medicaid 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 medicaid 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 (G)(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 (G)(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 disposition of assets.
Sec. 5111.161. (A) There is hereby created the medicaid care management working group, consisting of the following members:
(1) Three individuals representing medicaid health insuring corporations, as defined in section 5111.176 of the Revised Code, one appointed by the president of the senate, one appointed by the speaker of the house of representatives, and one appointed by the governor;
(2) One individual representing programs that provide enhanced care management services, appointed by the governor;
(3) Four individuals representing health care professional and trade associations, appointed as follows:
(a) One representative of the American academy of pediatrics, appointed by the president of the senate;
(b) One representative of the American academy of family physicians, appointed by the speaker of the house of representatives;
(c) One representative of the Ohio state medical association, appointed by the president of the senate;
(d) One representative of the Ohio hospital association, appointed by the speaker of the house of representatives.
(4) One individual representing behavioral health professional and trade associations, appointed by the speaker of the house of representatives;
(5) Two individuals representing consumer advocates, one appointed by the president of the senate and one appointed by the speaker of the house of representatives;
(6) One individual representing county departments of job and family services, appointed by the president of the senate;
(7) Three individuals representing the business community, one appointed by the president of the senate, one appointed by the speaker of the house of representatives, and one appointed by the governor;
(8) One individual representing providers of services that the state has the option of providing under federal medicaid law. The individual shall be appointed by the president of the senate from among one nomination each from the Ohio optometric association, the Ohio dental association, and the Ohio podiatric medical association.
(9) The director of job and family services or the director's designee;
(9)(10) The director of health or the director's designee;
(10)(11) The director of aging or the director's designee.
(B) The members of the working group shall serve at the pleasure of their appointing authorities. Vacancies shall be filled in the manner provided for original appointments.
(C) The working group shall develop guidelines that the department of job and family services may consider when entering into contracts under section 5111.17 of the Revised Code with managed care organizations for purposes of the care management system established under section 5111.16 of the Revised Code. The working group shall consult regularly with the departments of insurance, alcohol and drug addiction services, mental health, and mental retardation and developmental disabilities and the rehabilitation services commission.
In developing the guidelines, the working group shall do all of the following:
(1) Examine the best practice standards used in managed care programs and other health care and related systems to maximize patient and provider satisfaction, maintain quality of care, and obtain cost-effectiveness;
(2) Consider the most effective means of facilitating the expansion of the care management system and increasing consistency within the system;
(3) Make recommendations for coordinating the regulatory relationships involved in the medicaid care management system;
(4) Make recommendations for improving the resolution of contracting issues among the providers involved in the care management system;
(5) Make recommendations that the department may consider when developing and implementing the financial incentive program under division (B) of section 5111.17 of the Revised Code to improve and reward positive health outcomes through managed care contracts. In making these recommendations, the working group shall include all of the following:
(a) Standards and procedures by which care management contractors may receive financial incentives for positive health outcomes measured on an individual basis;
(b) Specific measures of positive health outcomes, particularly among individuals with high-risk health conditions;
(c) Criteria for determining what constitutes a completed health outcome;
(d) Methods of funding the program without requiring an increase in appropriations.
(D) The working group shall prepare an annual report on its activities and shall submit the report to the president of the senate, speaker of the house of representatives, and governor. The report shall include any findings and recommendations the working group considers relevant to its duties. The working group shall complete an initial report not later than December 31, 2005. Each year thereafter, the working group shall complete its annual report by the last day of December.
Sec. 5111.162. (A) As used in this section, "medicaid:
(1) "Emergency services" has the same meaning as in section 1932(b)(2) of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396u-2(b)(2), as amended.
(2) "Medicaid managed care organization" means a managed care organization that has entered into a contract with the department of job and family services pursuant to section 5111.17 of the Revised Code.
(B) Except as provided in division (C) of this section, when a participant in the care management system established under section 5111.16 of the Revised Code is enrolled in a medicaid managed care organization and the organization refers the participant to receive services, other than emergency services provided on or after January 1, 2007, at a hospital that participates in the medicaid program but is not under contract with the organization, the hospital shall provide the service for which the referral was made and shall accept from the organization, as payment in full, the amount derived from the reimbursement rate used by the department to reimburse other hospitals of the same type for providing the same service to a medicaid recipient who is not enrolled in a medicaid managed care organization.
(C) A hospital is not subject to division (B) of this section if all of the following are the case:
(1) The hospital is located in a county in which participants in the care management system are required before January 1, 2006, to be enrolled in a medicaid managed care organization that is a health insuring corporation;
(2) The hospital has entered into a contract before January 1, 2006, with at least one health insuring corporation serving the participants specified in division (C)(1) of this section;
(3) The hospital remains under contract with at least one health insuring corporation serving participants in the care management system who are required to be enrolled in a health insuring corporation.
(D) The director of job and family services shall adopt rules specifying the circumstances under which a medicaid managed care organization is permitted to refer a participant in the care management system to a hospital that is not under contract with the organization. The director may adopt any other rules necessary to implement this section. All rules adopted under this section shall be adopted in accordance with Chapter 119. of the Revised Code.
Sec. 5111.163. (A) As used in this section:
(1) "Emergency services" has the same meaning as in section 1932(b)(2) of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396u-2(b)(2), as amended.
(2) "Medicaid managed care organization" has the same meaning as in section 5111.162 of the Revised Code.
(3) "Provider" has the same meaning as in section 5111.06 of the Revised Code.
(B) When a participant in the care management system established under section 5111.16 of the Revised Code is enrolled in a medicaid managed care organization and receives emergency services on or after January 1, 2007, from a provider that is not under contract with the organization, the provider shall accept from the organization, as payment in full, not more than the amounts (less any payments for indirect costs of medical education and direct costs of graduate medical education) that the provider could collect if the participant received medicaid other than through enrollment in a managed care organization.
Sec. 5101.93 5111.178. (A) The director of job and family services shall determine whether a waiver of federal medicaid requirements is necessary to fulfill the requirements of section 3901.3814 of the Revised Code. If the director determines a waiver is necessary, the department of job and family services shall apply to the United States secretary of health and human services for the waiver.
(B)(1) If the director determines that section 3901.3814 of the Revised Code can be implemented without a waiver or a waiver is granted, the department shall notify the department of insurance that the section can be implemented. Implementation of the section shall be effective eighteen months after the notice is sent.
(2) At the time the notice is given under division (B)(1) of this section, the department shall also give notice to each health insuring corporation that provides coverage to medicaid recipients. The notice shall inform the corporation that sections 3901.38 and 3901.381 to 3901.3814 of the Revised Code apply to claims for services rendered to recipients on the date determined under division (B)(1) of this section, instead of the prompt payment requirements of 42 C.F.R. 447.46. That date shall be specified in the notice.
Sec. 5111.18. Not later than September 1, 2007, the director of job and family services shall establish a qualified state long-term care insurance partnership program consistent with the definition of that term in 42 U.S.C. 1396p(b)(1)(C)(iii). An individual participating in the program who is subject to the medicaid estate recovery program instituted under section 5111.11 of the Revised Code shall be eligible for the reduced adjustment or recovery under division (D) of that section.
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. 5111.20. As used in sections 5111.20 to 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) "Ancillary and support costs" means all reasonable costs incurred by a nursing facility other than direct care costs or capital costs. "Ancillary and support costs" includes, but is not limited to, costs of activities, social services, pharmacy consultants, habilitation supervisors, qualified mental retardation professionals, program directors, medical and habilitation records, program supplies, incontinence supplies, food, enterals, dietary supplies and personnel, laundry, housekeeping, security, administration, medical equipment, utilities, liability insurance, bookkeeping, purchasing department, human resources, communications, travel, dues, license fees, subscriptions, home office costs not otherwise allocated, legal services, accounting services, minor equipment, maintenance and repairs, help-wanted advertising, informational advertising, start-up costs, organizational expenses, other interest, property insurance, employee training and staff development, employee benefits, payroll taxes, and workers' compensation premiums or costs for self-insurance claims and related costs as specified in rules adopted by the director of job and family services under section 5111.02 of the Revised Code, for personnel listed in this division. "Ancillary and support 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.
(C)
"Capital costs" means costs of ownership and, in the case of an intermediate care facility for the mentally retarded, costs of
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 5111.251 of the
Revised Code;
(iii) Except as provided in division (B) of this section, equipment;
(iv) In the case of an intermediate care facility for the mentally retarded, 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 (K) 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 capital costs in accordance with a
provider's practice.
(2)
"Costs of nonextensive renovation" means the actual
expense incurred by an intermediate care facility for the mentally retarded for
depreciation or amortization and interest on
renovations that are not
extensive renovations.
(D)
"Capital lease" and
"operating lease" shall be construed
in accordance
with generally accepted accounting principles.
(E)
"Case-mix score" means the measure determined under
section 5111.232 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.
(F)
"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.
(G)
"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.
(H)
"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, habilitation staff, qualified mental retardation
professionals, program directors, respiratory therapists,
habilitation supervisors, and except as provided in division
(G)(H)(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 (H)(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 (H)(1) of this section, for nursing facilities only, direct care costs include costs of habilitation staff (other than habilitation supervisors), medical supplies, emergency oxygen, habilitation supplies, and universal precautions supplies.
(3) In addition to the costs specified in division (H)(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, audiologists, habilitation staff (including habilitation supervisors), qualified mental retardation professionals, program directors, social services staff, activities staff, psychologists and psychology assistants, and social workers and counselors;
(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 under section 5111.02 of the Revised Code, for personnel
listed in division
(H)(3)(a) of this section.
(4) Costs of other direct-care resources that are
specified
as direct care costs in rules adopted under section 5111.02 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) "Franchise permit fee" means the fee imposed by sections 3721.50 to 3721.58 of the Revised Code.
(K)
"Indirect care costs" means all reasonable costs incurred by an intermediate care facility for the mentally retarded other
than direct care costs, other protected costs, or capital costs.
"Indirect care costs" includes but is not limited to costs of
habilitation supplies, pharmacy consultants, medical and
habilitation records, program supplies, incontinence supplies,
food, enterals, dietary supplies and personnel, laundry,
housekeeping, security, administration, liability insurance,
bookkeeping, purchasing department, human resources,
communications, travel, dues, license fees, subscriptions, home
office costs not otherwise allocated, legal services, accounting
services,
minor equipment,
maintenance and repairs, help-wanted
advertising, informational
advertising, start-up costs,
organizational expenses, other
interest, property insurance,
employee training and staff
development, employee benefits,
payroll taxes, and workers' compensation
premiums or costs for
self-insurance claims and related costs as
specified in rules
adopted under section 5111.02 of the Revised Code, for personnel
listed in
this division. Notwithstanding division (C)(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.
(L)
"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. 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.
(M)
"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.
(N)
"Maintenance and repair expenses" means, except as
provided in division (BB)(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.
(O) "Medicaid days" means all days during which a resident who is a Medicaid recipient eligible for nursing facility services occupies a bed in a nursing facility that is included in the nursing facility's certified capacity under Title XIX. Therapeutic or hospital leave days for which payment is made under section 5111.33 of the Revised Code are considered Medicaid days proportionate to the percentage of the nursing facility's per resident per day rate paid for those days.
(P)
"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 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 and is certified as a
skilled nursing
facility by the director in accordance with Title
XVIII.
(Q) "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.
(R) "Other protected costs" means costs incurred by an intermediate care facility for the mentally retarded 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 under section 5111.02 of
the Revised Code.
(S)(1)
"Owner" means any person or government entity that has
at least five per cent ownership or interest, either directly,
indirectly, or in any combination, in any of the following regarding a nursing facility or
intermediate care facility for the mentally retarded:
(a) The land on which the facility is located;
(b) The structure in which the facility is located;
(c) Any mortgage, contract for deed, or other obligation secured in whole or in part by the land or structure on or in which the facility is located;
(d) Any lease or sublease of the land or structure on or in which the facility is located.
(2) "Owner" does not mean a holder of a debenture or bond related to the nursing facility or intermediate care facility for the mentally retarded and purchased at public issue or a regulated lender that has made a loan related to the facility unless the holder or lender operates the facility directly or through a subsidiary.
(T)
"Patient" includes
"resident."
(U) Except as provided in divisions (U)(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 5111.241 of the
Revised Code,
"per diem" means an intermediate care facility for the mentally retarded'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 5111.251 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.
(V)
"Provider" means an operator with a provider agreement.
(W)
"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 medicaid program.
(X)
"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.
(Y)
"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.
(Z)
"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.
(AA)
"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) Stepparent, stepchild, stepbrother, or stepsister;
(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.
(BB)
"Renovation" and
"extensive renovation" mean:
(1) Any betterment, improvement, or restoration of an 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 intermediate care
facilities for the mentally retarded started on or after July 1,
1993:
(a)
"Renovation" means the betterment, improvement, or
restoration of an 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 (BB)(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.
(CC) "Title XIX" means Title XIX of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended.
(DD) "Title XVIII" means Title XVIII of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended.
Sec. 5111.222. (A) Except as otherwise provided by sections 5111.20 to 5111.33 of the Revised Code and by division (B) of this section, the payments that the department of job and family services shall agree to make to the provider of a nursing facility pursuant to a provider agreement shall equal the sum of all of the following:
(1) The rate for direct care costs determined for the nursing facility under section 5111.231 of the Revised Code;
(2) The rate for ancillary and support costs determined for the nursing facility's ancillary and support cost peer group under section 5111.24 of the Revised Code;
(3) The rate for tax costs determined for the nursing facility under section 5111.242 of the Revised Code;
(4) The rate for franchise permit fees determined for the nursing facility under section 5111.243 of the Revised Code;
(5) The quality incentive payment paid to the nursing facility's quality tier group facility under section 5111.244 of the Revised Code;
(6) The median rate for capital costs for the nursing facilities in the nursing facility's capital costs peer group as determined under section 5111.25 of the Revised Code.
(B) The department shall adjust the payment rates otherwise determined under division divisions (A)(1), (2), (3), and (6) of this section as directed by the general assembly through the enactment of law governing medicaid payments to providers of nursing facilities, including any law that does either of the following:
(1) Establishes factors by which the payments rates are to be adjusted;
(2) Establishes a methodology for phasing in the rates determined for fiscal year 2006 under uncodified law the general assembly enacts to rates determined for subsequent fiscal years under sections 5111.20 to 5111.33 of the Revised Code.
Sec. 5111.231. (A) As used in this section, "applicable calendar year" means the following:
(1) For the purpose of the department of job and family services' initial determination under division (D) of this section of each peer group's cost per case-mix unit, calendar year 2003;
(2) For the purpose of the department's subsequent determinations under division (D) of this section of each peer group's cost per case-mix unit, the calendar year the department selects.
(B) The department of job and family services shall pay a provider for each of the provider's eligible nursing facilities a per resident per day rate for direct care costs determined semi-annually semiannually by multiplying the cost per case-mix unit determined under division (D) of this section for the facility's peer group by the facility's semiannual case-mix score determined under section 5111.232 of the Revised Code.
(C) For the purpose of determining nursing facilities' rate for direct care costs, the department shall establish three peer groups.
Each nursing facility located in any of the following counties shall be placed in peer group one: Brown, Butler, Clermont, Clinton, Hamilton, and Warren.
Each nursing facility located in any of the following counties shall be placed in peer group two: Ashtabula, Champaign, Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette, Franklin, Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking, Lorain, Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow, Ottawa, Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit, Union, and Wood.
Each nursing facility located in any of the following counties shall be placed in peer group three: Adams, Allen, Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana, Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin, Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson, Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe, Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland, Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton, Washington, Wayne, Williams, and Wyandot.
(D)(1) At least once every ten years, the department shall determine a cost per case-mix unit for each peer group established under division (C) of this section. A cost per case-mix unit determined under this division for a peer group shall be used for subsequent years until the department redetermines it. To determine a peer group's cost per case-mix unit, the department shall do all of the following:
(a) Determine the cost per case-mix unit for each nursing facility in the peer group for the applicable calendar year by dividing each facility's desk-reviewed, actual, allowable, per diem direct care costs for the applicable calendar year by the facility's annual average case-mix score determined under section 5111.232 of the Revised Code for the applicable calendar year.
(b) Subject to division (D)(2) of this section, identify which nursing facility in the peer group is at the twenty-fifth percentile of the cost per case-mix units determined under division (D)(1)(a) of this section.
(c) Calculate the amount that is seven per cent above the cost per case-mix unit determined under division (D)(1)(a) of this section for the nursing facility identified under division (D)(1)(b) of this section.
(d) Multiply the amount calculated under division (D)(1)(c) of this section by the rate of inflation for the eighteen-month period beginning on the first day of July of the applicable calendar year and ending the last day of December of the calendar year immediately following the applicable calendar year using the employment cost index for total compensation, health services component, published by the United States bureau of labor statistics.
(2) In making the identification under division (D)(1)(b) of this section, the department shall exclude both of the following:
(a) Nursing facilities that participated in the medicaid program under the same provider for less than twelve months in the applicable calendar year;
(b) Nursing facilities whose direct care costs are cost per case-mix unit is more than one standard deviation from the mean desk-reviewed, actual, allowable, per diem direct care cost per case-mix unit for all nursing facilities in the nursing facility's peer group for the applicable calendar year.
(3) The department shall not redetermine a peer group's cost per case-mix unit under this division based on additional information that it receives after the peer group's per case-mix unit is determined. The department shall redetermine a peer group's cost per case-mix unit only if it made an error in determining the peer group's cost per case-mix unit based on information available to the department at the time of the original determination.
Sec. 5111.244. (A) As used in this section, "deficiency" and "standard survey" have the same meanings as in section 5111.35 of the Revised Code.
(B) Each fiscal year, the department of job and family services shall pay the provider of each nursing facility placed in the first, second, and third quality tier groups established under division (C) of this section a quality incentive payment. Nursing facilities placed in the first group shall receive the highest payment. Nursing facilities placed in the second group shall receive the second highest payment. Nursing facilities placed in the third group shall receive the third highest payment. Nursing facilities placed in the fourth group shall receive no payment. The amount of a quality incentive payment paid to a provider for a fiscal year shall be based on the number of points the provider's nursing facility is awarded under division (C) of this section for that fiscal year. The amount of a quality incentive payment paid to a provider of a nursing facility that is awarded no points may be zero. The mean payment for fiscal year 2007, weighted by medicaid days, shall be two per cent of the average rate for all nursing facilities calculated under sections 5111.20 to 5111.33 of the Revised Code, excluding this section three dollars per medicaid day. Nursing facilities placed in the fourth group shall be included for the purpose of determining the mean payment. The department shall adjust the mean payment for subsequent fiscal years by the same adjustment factors the department uses to adjust, pursuant to division (B) of section 5111.222 of the Revised Code, nursing facilities' rates otherwise determined under divisions (A)(1), (2), (3), and (6) of that section.
(C) Each year, the department shall establish four quality tier groups. Each group shall consist of one quarter of all nursing facilities participating in the medicaid program. The first group shall consist of the quarter of nursing facilities individually awarded the most number of points under division (D) of this section. The second group shall consist of the quarter of nursing facilities individually awarded the second most number of points under division (D) of this section. The third group shall consist of the quarter of nursing facilities individually awarded the third most number of points under division (D) of this section. The fourth group shall consist of the quarter of nursing facilities individually awarded the least number of points under division (D) of this section.
(D) Each year (1) Except as provided by division (C)(2) of this section, the department shall annually award each nursing facility participating in the medicaid program one point for each of the following accountability measures the facility meets:
(1)(a) The facility had no health deficiencies on the facility's most recent standard survey.
(2)(b) The facility had no health deficiencies with a scope and severity level greater than E, as determined under nursing facility certification standards established under Title XIX, on the facility's most recent standard survey.
(3)(c) The facility's resident satisfaction is above the statewide average.
(4)(d) The facility's family satisfaction is above the statewide average.
(5)(e) The number of hours the facility employs nurses is above the statewide average.
(6)(f) The facility's employee retention rate is above the average for the facility's peer group established in division (C) of section 5111.231 of the Revised Code.
(7)(g) The facility's occupancy rate is above the statewide average.
(8)(h) The facility's medicaid utilization rate is above the statewide average.
(9)(i) The facility's case-mix score is above the statewide average.
(E)(2) The department shall award points pursuant to division (C)(1)(c) or (d) of this section only for a fiscal year immediately following a calendar year for which a survey of resident or family satisfaction has been conducted under section 173.47 of the Revised Code.
(D) The director of job and family services shall adopt rules under section 5111.02 of the Revised Code as necessary to implement this section. The rules shall include rules establishing the system for awarding points under division (D)(C) of this section.
Sec. 5111.27. (A) The department of job and family
services shall
conduct a desk review of each cost report it receives under
section 5111.26 of the Revised Code. Based on the desk review,
the department shall make a preliminary determination of whether
the reported costs are allowable costs. The department shall
notify each provider of whether any of the reported costs are
preliminarily determined not to be allowable, the rate
calculation under sections 5111.20 to 5111.33 of the Revised
Code that results from that determination, and the reasons for
the determination and resulting rate. The department shall allow
the provider to verify the calculation and submit additional
information.
(B) The department may conduct an audit, as defined by rule adopted under section 5111.02 of the
Revised Code, of any cost report and shall notify the
provider of its findings.
Audits shall be conducted by auditors under contract with
or employed by the department. The decision whether to conduct
an audit and the scope of the audit, which may be a desk or field
audit, shall be determined based on prior performance of the
provider and may be based on a risk analysis or other evidence
that gives the department reason to believe that the provider has
reported costs improperly. A desk or field audit may be
performed annually, but is required whenever a provider does not
pass the risk analysis tolerance factors. The department shall
issue the audit report no later than three years after the cost
report is filed, or upon the completion of a desk or field audit
on the report or a report for a subsequent cost reporting period,
whichever is earlier. During the time within which the
department may issue an audit report, the provider may amend the
cost report upon discovery of a material error or material
additional information. The department shall review the amended
cost report for accuracy and notify the provider of its
determination.
The department may establish a contract for the auditing of
facilities by outside firms. Each contract entered into by
bidding shall be effective for one to two years. The department
shall establish an audit manual and program which shall require
that all field audits, conducted either pursuant to a contract or
by department employees:
(1) Comply with the applicable rules prescribed pursuant
to Titles XVIII and XIX;
(2) Consider generally accepted auditing standards
prescribed by the American institute of certified public
accountants;
(3) Include a written summary as to whether the costs
included in the report examined during the audit are allowable
and are presented fairly in accordance with generally accepted
accounting principles and department rules, and whether, in all
material respects, allowable costs are documented, reasonable,
and related to patient care;
(4) Are conducted by accounting firms or auditors who,
during the period of the auditors' professional engagement or
employment and during the period covered by the cost reports, do
not have nor are committed to acquire any direct or indirect
financial interest in the ownership, financing, or operation of a
nursing facility or intermediate care facility for the mentally
retarded in this state;
(5) Are conducted by accounting firms or auditors who, as
a condition of the contract or employment, shall not audit any
facility that has been a client of the firm or auditor;
(6) Are conducted by auditors who are otherwise
independent as determined by the standards of independence
established by the American institute of certified public
accountants;
(7) Are completed within the time period specified by the
department;
(8) Provide to the provider complete written
interpretations that explain in detail the application of all
relevant contract provisions, regulations, auditing standards,
rate formulae, and departmental policies, with explanations and
examples, that are sufficient to permit the provider to calculate
with reasonable certainty those costs that are allowable and the
rate to which the provider's facility is entitled.
For the purposes of division (B)(4) of this section, employment of a member of
an auditor's family by a nursing facility or intermediate care facility for
the mentally retarded that the auditor does not review does not constitute a
direct or indirect financial interest in the ownership, financing, or
operation of the facility.
(C) The department, pursuant to rules adopted under section 5111.02 of the Revised Code, may conduct an
exception review of assessment data submitted under
section 5111.232 of the Revised Code. The department may conduct
an exception review based on the findings of a certification
survey conducted by the department of health, a risk analysis, or
prior performance of the provider.
Exception reviews shall be conducted at the facility by
appropriate health professionals under contract with or employed by the
department of job and family services. The professionals may review
resident assessment
forms and supporting documentation, conduct interviews, and
observe residents to identify any patterns or trends of
inaccurate assessments and resulting inaccurate case-mix scores.
The rules shall establish an exception review program that
requires that exception reviews do all of the following:
(1) Comply with Titles XVIII and XIX;
(2) Provide a written summary that states whether the
resident assessment forms have been completed accurately;
(3) Are conducted by health professionals who, during the
period of their professional engagement or employment with the department,
neither have nor are committed to acquire any direct or indirect
financial interest in the ownership, financing, or operation of a
nursing facility or intermediate care facility for the mentally
retarded in this state;
(4) Are conducted by health professionals who, as a
condition of their engagement or employment with the department, shall not
review any
provider that has been a client of the professional.
For the purposes of division (C)(3) of this section, employment of a member of
a health professional's family by a nursing facility or intermediate care
facility for the mentally retarded that the professional does not review does
not constitute a direct or indirect financial interest in the ownership,
financing, or operation of the facility.
If an exception review is conducted before the effective
date of the rate that is based on the case-mix data
subject to the review and the review results in findings that
exceed tolerance levels specified in the rules adopted under this
division, the department, in accordance with those rules, may use
the findings to recalculate individual resident case-mix scores,
quarterly average facility case-mix scores, and annual average
facility case-mix scores. The department may use the
recalculated quarterly and annual facility average case-mix
scores to calculate the facility's rate for direct care costs for
the appropriate calendar quarter or quarters.
(D) The department shall prepare a written summary of any
audit disallowance or exception review finding that is made after
the effective date of the rate that is based on the cost or
case-mix data. Where the provider is pursuing judicial or
administrative remedies in good faith regarding the disallowance
or finding, the department shall not withhold from the
provider's current payments any amounts the department claims to be due from
the provider pursuant to section 5111.28 of the Revised Code.
(E) The department shall not reduce rates calculated under
sections 5111.20 to 5111.33 of the Revised Code on the basis that
the provider charges a lower rate to any resident who is not
eligible for the medicaid program.
(F) The department shall adjust the rates calculated under
sections 5111.20 to 5111.33 of the Revised Code to account for
reasonable additional costs that must be incurred by nursing
facilities and intermediate care facilities for the mentally
retarded to comply with requirements of federal or state
statutes, rules, or policies enacted or amended after January 1,
1992, or with orders issued by state or local fire authorities.
Sec. 5111.31. (A) Every provider agreement with the provider of a nursing
facility or intermediate care facility for the mentally retarded
shall:
(1) Prohibit the provider 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 medicaid recipient. For the purposes of this
division, a medicaid recipient 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) Except as provided by division (B)(1) of this section, include any part of the facility that meets standards
for certification of compliance with federal and state laws and
rules for participation in the medicaid program.
(3) Prohibit the provider 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 provider from failing or
refusing to accept a patient because the patient is, becomes,
or may, as a patient in the facility, become a medicaid recipient if less than eighty per cent of
the patients in the facility are medicaid recipients.
(B)(1) Except as provided by division (B)(2) of this section, the following are not required to be included in a provider agreement unless otherwise required by federal law:
(a) Beds added during the period beginning July 1, 1987, and ending July 1, 1993, to a nursing home licensed under Chapter 3721. of the Revised Code;
(b) Beds in an intermediate care facility for the mentally retarded that are designated for respite care under a medicaid waiver component operated pursuant to a waiver sought under section 5111.87 of the Revised Code;
(c) Beds that are converted to providing home and community-based services under the ICF/MR conversion pilot program authorized by a waiver sought under division (B)(1) of section 5111.88 of the Revised Code.
(2) If a provider chooses to include a bed specified in division (B)(1)(a) of this section in a provider agreement, the bed may not be removed from the provider agreement unless the provider withdraws the facility in which the bed is located from the medicaid program.
(C) Nothing in this section shall bar a provider that is a religious organization operating a religious or
denominational nursing facility or intermediate care facility for
the mentally retarded from giving preference to persons of
the same religion or denomination. Nothing in this section shall
bar any provider from giving preference to persons with whom
the provider has contracted to provide continuing care.
(D) Nothing in this section shall bar the provider of a county home
organized under Chapter 5155. of the Revised Code from admitting
residents exclusively from the county in which the county home is
located.
(E) No provider of a nursing facility or intermediate care facility for
the mentally retarded for which a provider agreement is in
effect shall violate the provider contract obligations imposed
under this section.
(F) Nothing in divisions (A) and (C) of this section shall
bar a provider from retaining patients who have resided in the
provider's facility for not less than one year as private pay patients and
who subsequently become medicaid recipients, but refusing to accept as a patient any person
who is or may, as a patient in the facility, become a medicaid recipient, if all of the following
apply:
(1) The provider does not refuse to retain any patient who
has resided in the provider's facility for not less than one year as a
private pay patient because the patient becomes a medicaid recipient, except as necessary to comply with
division (F)(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. 5111.88. (A) As used in sections 5111.88 to 5111.8812 5111.8817 of the Revised Code:
"Administrative agency" means the department of job and family services or, if the department assigns the day-to-day administration of the ICF/MR conversion pilot program to the department of mental retardation and developmental disabilities pursuant to section 5111.887 of the Revised Code, the department of mental retardation and developmental disabilities.
"ICF/MR conversion pilot program" means the medicaid waiver component authorized by a waiver sought under division (B)(1) of this section.
"ICF/MR services" means intermediate care facility for the mentally retarded services covered by the medicaid program that an intermediate care facility for the mentally retarded provides to a resident of the facility who is a medicaid recipient eligible for medicaid-covered intermediate care facility for the mentally retarded services.
"Intermediate care facility for the mentally retarded" has the same meaning as in section 5111.20 of the Revised Code.
"Medicaid waiver component" has the same meaning as in section 5111.85 of the Revised Code.
(B) By July 1, 2006, or as soon thereafter as practical, but not later than January 1, 2007, the director of job and family services shall, after consulting with and receiving input from the ICF/MR conversion advisory council, submit both of the following to the United States secretary of health and human services:
(1) An application for a waiver authorizing the ICF/MR conversion pilot program under which intermediate care facilities for the mentally retarded, other than such facilities operated by the department of mental retardation and developmental disabilities, may volunteer to convert in whole or in part from providing intermediate care facility for the mentally retarded services to providing home and community-based services and individuals with mental retardation or a developmental disability who are eligible for ICF/MR services may volunteer to receive instead home and community-based services;
(2) An amendment to the state medicaid plan to authorize the director, beginning on the first day that the ICF/MR conversion pilot program begins implementation under section 5111.882 of the Revised Code and except as provided by section 5111.8811 of the Revised Code, to refuse to enter into or amend a medicaid provider agreement with the operator of an intermediate care facility for the mentally retarded if the provider agreement or amendment would authorize the operator to receive medicaid payments for more intermediate care facility for the mentally retarded beds than the operator receives on the day before that day.
(C) The director shall notify the governor, speaker and minority leader of the house of representatives, and president and minority leader of the senate when the director submits the application for the ICF/MR conversion pilot program under division (B)(1) of this section and the amendment to the state medicaid plan under division (B)(2) of this section. The director is not required to submit the application and the amendment at the same time.
Sec. 5111.882. If the United States secretary of health and human services approves the waiver requested under division (B)(1) of section 5111.88 of the Revised Code, the administrative agency shall implement the ICF/MR conversion pilot program for not less than three years as follows:
(A) Permit no more than two hundred individuals to participate in the program at one time;
(B) Select, from among volunteers only, enough intermediate care facilities for the mentally retarded to convert in whole or in part from providing ICF/MR services to providing home and community-based services as necessary to accommodate each individual participating in the program and ensure that the facilities selected for conversion cease, except as provided by section 5111.8811 of the Revised Code, to provide any ICF/MR services once the conversion takes place;
(C) Subject to division (A) of this section, permit individuals who reside in an intermediate care facility for the mentally retarded that converts in whole or in part to providing home and community-based services to choose whether to participate in the program or, if the facility ceases to have enough ICF/MR-certified beds for the individual, to transfer to another intermediate care facility for the mentally retarded that is not converting has an available ICF/MR-certified bed for the individual;
(D) Ensure that no individual receiving ICF/MR services on the effective date of this section suffers an interruption in medicaid-covered services that the individual is eligible to receive;
(E) Collect information as necessary for the evaluation required by section 5111.889 of the Revised Code;
(F) After consulting with the ICF/MR conversion advisory council, make adjustments to the program that the administrative agency and, if the administrative agency is not the department of job and family services, the department agree are both necessary for the program to be implemented more effectively and consistent with the terms of the waiver authorizing the program. No adjustment may be made that expands the size or scope of the program.
Sec. 5111.889. (A) The administrative agency, in consultation with the ICF/MR conversion advisory council, shall conduct an evaluation of the ICF/MR conversion pilot program. All of the following shall be examined as part of the evaluation:
(1) The effectiveness of the home and community-based services provided under the program in meeting the health and welfare needs of the individuals participating in the program as identified in the individuals' written individual service plans;
(2) The satisfaction of the individuals participating in the program with the home and community-based services;
(3) The impact that the conversion in whole or in part from providing ICF/MR services to providing home and community-based services has on the intermediate care facilities for the mentally retarded that so convert;
(4) The program's cost effectiveness, including administrative cost effectiveness;
(5) Feedback about the program from the individuals participating in the program, such individuals' families and guardians, county boards of mental retardation and developmental disabilities, and providers of home and community-based services under the program;
(6) Other matters the administrative agency considers appropriate for evaluation.
(B) The administrative agency, in consultation with the ICF/MR conversion advisory council, shall prepare two reports of the evaluation conducted under this section. The initial report shall be finished not sooner than the last day of the ICF/MR conversion pilot program's first year of operation. The final report shall be finished not sooner than the last day of the program's second year of operation. The administrative agency shall provide a copy of each report to the governor, president and minority leader of the senate, and speaker and minority leader of the house of representatives.
Sec. 5111.8811. An intermediate care facility for the mentally retarded that converts in whole or in part from providing ICF/MR services to providing home and community-based services under the ICF/MR conversion pilot program may reconvert the converted beds to providing ICF/MR services after the program terminates unless either any of the following is the case:
(A) The program, following the general assembly's enactment of law authorizing the program's statewide implementation, is implemented statewide;
(B) The facility no longer meets the requirements for certification as an intermediate care facility for the mentally retarded;
(C) The facility no longer meets the requirements for licensure as a residential facility under section 5123.19 of the Revised Code or, if the facility is eligible under section 5123.192 of the Revised Code to be licensed as a nursing home, the requirements for licensure as a nursing home under section 3721.02 or 3721.09 of the Revised Code.
Sec. 5111.8812. (A) Subject to division (B) of this section and beginning not later than two and one-half years after the date the ICF/MR conversion pilot program terminates, the department of mental retardation and developmental disabilities shall be responsible for a portion of the nonfederal share of medicaid expenditures for ICF/MR services provided by incurred for any beds of an intermediate care facility for the mentally retarded that reconverts are reconverted to providing ICF/MR services under section 5111.8811 of the Revised Code. The portion for which the department shall be responsible shall be the portion that the department and department of job and family services specify in an agreement.
(B) The department of mental retardation and developmental disabilities shall not be responsible for any portion of the nonfederal share of medicaid expenditures for ICF/MR services incurred for any beds of an intermediate care facility for the mentally retarded that are in excess of the number of beds the facility had while participating in the ICF/MR conversion pilot program.
Sec. 5111.8813. The operator of an intermediate care facility for the mentally retarded that converts only in part from providing ICF/MR services to providing home and community-based services under the ICF/MR conversion pilot program shall place the beds that convert in a distinct part of the facility that houses the intermediate care facility for the mentally retarded.
Sec. 5111.8814. An intermediate care facility for the mentally retarded that converts in whole to providing home and community-based services under the ICF/MR conversion pilot program shall either be licensed as a residential facility under section 5123.19 of the Revised Code or certified to provide supported living under section 5126.431 of the Revised Code. If an intermediate care facility for the mentally retarded converts in part to providing such home and community-based services, the distinct part of the facility that provides the home and community-based services shall either be licensed as a residential facility under section 5123.19 of the Revised Code or certified to provide supported living under section 5126.431 of the Revised Code. The facility or distinct part of the facility shall be licensed as a residential facility rather than certified to provide supported living if it meets the definition of "residential facility" in section 5123.19 of the Revised Code.
Sec. 5111.8815. (A) Not later than thirty days after the date a resident of an intermediate care facility for the mentally retarded is enrolled in the ICF/MR conversion pilot program, the operator of the intermediate care facility for the mentally retarded shall do the following regardless of whether the resident resides in a distinct part of a facility that also houses the intermediate care facility for the mentally retarded:
(1) If the intermediate care facility for the mentally retarded is licensed as a residential facility under section 5123.19 of the Revised Code, notify the director of mental retardation and developmental disabilities of the resident's enrollment;
(2) If the intermediate care facility for the mentally retarded is licensed as a nursing home under section 3721.02 of the Revised Code, notify the director of health of the resident's enrollment;
(3) If the intermediate care facility for the mentally retarded is licensed as a nursing home by a political subdivision under section 3721.09 of the Revised Code, notify the officials of the political subdivision of the resident's enrollment.
(B) The director of mental retardation and developmental disabilities, director of health, and officials of a political subdivision shall reduce the licensed capacity of a residential facility or nursing home by the number of the residential facility's or nursing home's residents who enroll in the ICF/MR conversion pilot program. The director of job and family services shall be notified of each reduction in licensed capacity made under this section.
Sec. 5111.8816. Not later than thirty days after the date an intermediate care facility for the mentally retarded converts in whole or in part to providing home and community-based services under the ICF/MR conversion pilot program, the operator of the facility shall notify the director of job and family services of the number of beds that converted. The director of job and family services shall notify the director of health of the operator's notice. The director of health shall reduce the facility's certified capacity by the number of beds that convert. The director of health shall notify the director of job and family services whenever the director of health takes action under this section.
Sec. 5111.8817. On receipt of notice from the director of health under section 5111.8816 of the Revised Code that the director has reduced the certified capacity of an intermediate care facility for the mentally retarded, the director of job and family services shall amend the facility's medicaid provider agreement to reflect the facility's reduced certified capacity or, if the facility's certified capacity is reduced to zero, terminate the facility's medicaid provider agreement.
Sec. 5111.941. The medicaid revenue and collections fund is hereby created in the state treasury. Except as otherwise provided by statute or as authorized by the controlling board, the non-federal share of all medicaid-related revenues, collections, and recoveries shall be credited to the fund. The department of job and family services shall use money credited to the fund to pay for medicaid services and contracts.
Sec. 5111.081 5111.942. (A) The prescription drug rebates fund is hereby
created in the state treasury. All Both of the following shall be credited to the fund:
(1) The non-federal share of all rebates paid by drug
manufacturers to the department of job and family services in
accordance with a rebate agreement required by 42 U.S.C.A. 1396r-8
shall be credited to the fund. The;
(2) The non-federal share of all supplemental rebates paid by drug manufacturers to the department of job and family services in accordance with the supplemental drug rebate program established under section 5111.081 of the Revised Code.
(B) The department of job and family
services shall use money credited to the prescription drug rebates fund to pay for medicaid
services and contracts.
Sec. 5111.943. (A) The health care - federal fund is hereby created in the state treasury. All of the following shall be credited to the fund:
(1) Funds that division (B) of section 5112.18 of the Revised Code requires be credited to the fund;
(2) The federal share of all rebates paid by drug manufacturers to the department of job and family services in accordance with a rebate agreement required by 42 U.S.C. 1396r-8;
(3) The federal share of all supplemental rebates paid by drug manufacturers to the department of job and family services in accordance with the supplemental drug rebate program established under section 5111.081 of the Revised Code;
(4) Except as otherwise provided by statute or as authorized by the controlling board, the federal share of all other medicaid-related revenues, collections, and recoveries.
(B) All money credited to the health care - federal fund pursuant to division (B) of section 5112.18 of the Revised Code shall be used solely for distributing funds to hospitals under section 5112.08 of the Revised Code. The department of job and family services shall use all other money credited to the fund to pay for other medicaid services and contracts.
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 recipients of financial or medical assistance 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 created under section 5112.18 of the Revised Code and the
hospital care assurance match portion of the health care - federal fund
created under section 5111.943 of the Revised Code that is credited to that fund pursuant to division (B) of section 5112.18
of the Revised Code is are 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 and portion are
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. 5112.18. (A) Except as provided in section 5112.19
of
the Revised Code, all payments of assessments by hospitals
under
section 5112.06 of the Revised Code and all
intergovernmental
transfers under section 5112.07 of the Revised Code
shall be
deposited in the state treasury to the credit of
the hospital care
assurance program fund, hereby created. All
investment earnings
of the hospital care assurance program fund
shall be credited to
the fund. The department of job and
family services
shall
maintain records that show the amount of money in the
hospital
care assurance program fund at any time that has been
paid by each
hospital and the amount of any investment earnings
on that amount.
All moneys credited to the hospital care
assurance program fund
shall be used solely to make payments to
hospitals under division
(D) of this section and
section 5112.08 of the Revised Code.
(B) All federal matching funds received as a result of
the
department distributing funds from the
hospital care assurance
program fund to hospitals under section 5112.08 of the Revised
Code
shall be credited to the hospital care assurance match health care - federal fund,
which is hereby created in the state treasury under section 5111.943 of the Revised Code. All money
credited
to the hospital care assurance match fund shall be used
solely for
distributing funds to hospitals
under section 5112.08 of the
Revised
Code.
(C) All distributions of funds to hospitals under
section
5112.08 of the Revised Code are
conditional on:
(1) Expiration of the time for appeals under section
5112.09
of the Revised Code without the filing of an appeal, or
on court
determinations, in the event of appeals, that the
hospital is
entitled to the funds;
(2) The availability of sufficient moneys in the hospital
care assurance program fund and the hospital care assurance match
fund sum of the following being sufficient to distribute the funds after
the final determination of any
appeals;:
(a) The available money in the hospital care assurance program fund;
(b) The available portion of the money in the health care - federal fund that is credited to that fund pursuant to division (B) of this section.
(3) The hospital's compliance with section 5112.17 of the
Revised Code.
(D) If an audit conducted by the department of the amounts
of payments made and funds received by hospitals under sections
5112.06, 5112.07, and 5112.08 of the Revised Code identifies
amounts that, due to errors by the department, a hospital should
not have been required to pay but did pay, should have been
required to pay but did not pay, should not have received but did
receive, or should have received but did not receive, the
department shall:
(1) Make payments to any hospital that the audit reveals
paid amounts it should not have been required to pay or did not
receive amounts it should have received;
(2) Take action to recover from a hospital any amounts
that
the audit reveals it should have been required to pay but
did not
pay or that it should not have received but did receive.
Payments made under division (D)(1) of this section shall
be
made from the hospital care assurance program fund. Amounts
recovered under division (D)(2) of this section shall be
deposited
to the credit of that fund. Any hospital may appeal
the amount
the hospital is to be paid under division (D)(1) or
the amount
that is to be recovered from the hospital under
division (D)(2) of
this section to the court of common pleas of
Franklin county.
Sec. 5112.31. The department of job and family services shall do all of the following:
(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 sixty-three cents multiplied, except as adjusted under section 5112.311 of the Revised Code, 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) Beginning July 1, 2007, 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.
(C) 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, take all necessary actions to
cease implementation of those sections in accordance with rules adopted under
section 5112.39 of the Revised Code.
Sec. 5112.311. If, under section 5111.8816 of the Revised Code, the certified capacity of an intermediate care facility for the mentally retarded is reduced, the department of job and family services shall adjust the franchise permit fee the facility was assessed under section 5112.31 of the Revised Code accordingly. If, under section 5111.8811 of the Revised Code, the certified capacity of an intermediate care facility for the mentally retarded is increased, the department may adjust the franchise permit fee the facility was assessed under section 5112.31 of the Revised Code accordingly.
Sec. 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.
(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 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. Financial assistance payments shall
be distributed in accordance with sections 117.45 126.35, 319.16, and
329.03 of the Revised Code.
Sec. 5119.16. As used in this section, "free clinic" has the same meaning as in section 2305.2341 of the Revised Code.
(A) The department of mental health is hereby
designated to provide certain goods and services for the
department of mental health, the department of mental retardation
and developmental disabilities, the department of rehabilitation
and correction, the department of youth services, and other
state, county, or municipal agencies requesting such goods and
services when the department of mental health determines that it
is in the public interest, and considers it advisable, to provide
these goods and services. The department of mental health also
may provide goods and services to agencies operated by the United
States government and to public or private nonprofit agencies, other than free clinics, that are
funded in whole or in part by the state if the public or private
nonprofit agencies are designated for participation in this
program by the director of mental health for community mental
health agencies, the director of mental retardation and
developmental disabilities for community mental retardation and
developmental disabilities agencies, the director of
rehabilitation and correction for community rehabilitation and
correction agencies, or the director of youth services for
community youth services agencies. The director of aging may
designate for participation community agencies holding a contract
with an area agency on aging established under the "Older
Americans Act," 79 Stat. 219, 42 U.S.C.A. 3001, as amended.
Designated
Designated community agencies shall receive goods and services
through the department of mental health only in those cases where
the designating state agency certifies that providing such goods
and services to the agency will conserve public resources to the
benefit of the public and where the provision of such goods and
services is considered feasible by the department of mental
health.
Purchases of goods or services under this section are not
subject to section 307.86 of the Revised Code.
(A)(B) The department of mental health may permit free clinics to purchase certain goods and services to the extent the purchases fall within the exemption to the Robinson-Patman Act, 15 U.S.C. 13 et seq., applicable to non-profit institutions, in 15 U.S.C. 13c, as amended.
(C) The goods and services to be provided by the
department of mental health under divisions (A) and (B) of this section may include:
(1) Procurement, storage, processing, and distribution of
food and professional consultation on food operations;
(2) Procurement, storage, and distribution of medical and
laboratory supplies, dental supplies, medical records, forms,
optical supplies, and sundries, subject to section 5120.135
of the Revised Code;
(3) Procurement, storage, repackaging, distribution, and
dispensing of drugs, the provision of professional pharmacy
consultation, and drug information services;
(4) Other goods and services as may be agreed to.
(B)(D) The department of mental health shall provide the
goods and services designated in division (A)(C) of this section to
its institutions and to state-operated community-based mental
health services.
(C)(E) After consultation with and advice from the director
of mental retardation and developmental disabilities, the
director of rehabilitation and correction, and the director of
youth services, the department of mental health shall provide the
goods and services designated in division (A)(C) of this section to
the department of mental retardation and developmental
disabilities, the department of rehabilitation and correction,
and the department of youth services.
(D)(F) The cost of administration of this section shall be
determined by the department of mental health and paid by the
agencies or free clinics receiving the goods and services to the department for
deposit in the state treasury to the credit of the mental health
fund, which is hereby created. The fund shall be used to pay the
cost of administration of this section to the department.
(E)(G) If the goods or services designated in division (A)(C) of
this section are not provided in a satisfactory manner by the
department of mental health to the agencies described in division (A) of this section, the director of mental retardation
and developmental disabilities, the director of rehabilitation
and correction, the director of youth services, or the managing
officer of a department of mental health institution shall
attempt to resolve unsatisfactory service with the director of
mental health. If, after such attempt, the provision of goods or
services continues to be unsatisfactory, the director or officer
shall notify the director of mental health. If within thirty
days of such notice the department of mental health does not
provide the specified goods and services in a satisfactory
manner, the director of mental retardation and developmental
disabilities, the director of rehabilitation and correction, the
director of youth services, or the managing officer of the
department of mental health institution shall notify the director
of mental health of the director's or managing officer's
intent to
cease purchasing goods and services from the department. Following a
sixty-day cancellation period from the date of such notice, the department of
mental
retardation, department of rehabilitation and correction,
department of youth services, or the department of mental health
institution may obtain the goods and services from a source other
than the department of mental health, if the department certifies
to the department of administrative services that the
requirements of this division have been met.
(F)(H) Whenever a state agency fails to make a payment for
goods and services provided under this section within thirty-one
days after the date the payment was due, the office of budget and
management may transfer moneys from the state agency to the
department of mental health. The amount transferred shall not
exceed the amount of overdue payments. Prior to making a
transfer under this division, the office of budget and management
shall apply any credits the state agency has accumulated in
payments for goods and services provided under this section.
(I) Purchases of goods and services under this section are not subject to section 307.86 of the Revised Code.
Sec. 5123.0413. (A) The department of mental retardation and
developmental disabilities, in consultation with the department of
job and family services, office of budget and management, and
county boards of mental retardation
and developmental
disabilities, shall adopt rules in accordance with Chapter 119. of
the Revised Code no later than January 1, 2002, establishing a
method of paying for
extraordinary costs, including extraordinary
costs for services to
individuals with mental retardation or other
developmental
disability, and ensure the availability of adequate
funds in the
event a county property tax levy for services for
individuals with
mental retardation or other developmental
disability fails. The rules may provide for using and managing one either
or more both of the following:
(1) County MR/DD medicaid reserve funds established in
accordance with section 5705.091 of the Revised Code;
(2) A state MR/DD risk fund, which is hereby created in the
state treasury;
(3)(2) A state insurance against MR/DD risk fund, which is
hereby created in the state treasury.
(B) Beginning January 1, 2002, the department of job and
family services may not request approval from the United States
secretary of health and human services to increase the number of
slots for home and community-based services until the rules
required by division (A) of this section are in effect.
Sec. 5123.196. (A) Except as provided in divisions division (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 Except as provided in division (D) of this section, 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 that cease to be residential facility beds on or after July 1, 2003, because a residential facility license is revoked, terminated, or not renewed for any reason or is surrendered in accordance with section 5123.19 of the Revised Code and after the issuance of an adjudication order pursuant to Chapter 119. of the Revised Code;
(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 that ceases to be a residential facility bed 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 unless the reason the bed ceases to be a residential facility bed is because it is converted to providing home and community-based services under the ICF/MR conversion pilot program that is authorized by a waiver sought under division (B)(1) of section 5111.88 of the Revised Code.
(D) The director shall increase the number of beds determined under division (B) of this section if necessary to enable the operator of a residential facility to do either of the following:
(1) Obtain a residential facility license as required by section 5111.8814 of the Revised Code;
(2) Reconvert beds to providing ICF/MR services under section 5111.8811 of the Revised Code.
(E) 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.
(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. 5123.36. (A) To the extent funds are available and
on application by a county boards board of mental retardation and
developmental disabilities or private nonprofit agencies
agency incorporated to provide mental retardation or developmental
disability services, state participation in the director of mental retardation and developmental disabilities may enter into an agreement with the county board or agency to assist the county board or agency with a mental retardation or
developmental disability construction programs may be approved by
the director of mental retardation and developmental disabilities
as follows:
(1) The project. Except as provided by division (B) of this section, the director may approve the provision of provide up to ninety
per cent of the total project cost where circumstances warrant.
(2). The director may, where circumstances warrant, use
existing facilities or other in-kind match for the local share of
the communities' share of the cost.
(B) Upon the recommendation of the director, for programs
projects of the highest priority of the department of mental retardation
and developmental disabilities, state participation may be
approved by the controlling board in amounts that vary from the
amount authorized under division (A)(1) of this section may authorize the director to provide more than ninety per cent of the total cost of a project under this section.
(C) A county board is eligible for funds under this
section for a project bid on or after January 1, 1992, under
either section 153.07 or 307.86 of the Revised Code, as long as
all other applicable requirements were followed.
(D) The director may not assist a project under this section unless the controlling board or director of budget and management also approves the project pursuant to section 126.14 of the Revised Code.
Sec. 5123.37. A county board of mental retardation and developmental disabilities or private, nonprofit agency that receives state funds pursuant to an agreement with the director of mental retardation and developmental disabilities under section 5123.36 of the Revised Code to acquire a facility may apply to the director for approval to sell the facility before the terms of the agreement expire for the purpose of acquiring a replacement facility to be used to provide mental retardation or developmental disability services to individuals the county board or agency serves. The application shall be made on a form the director shall prescribe. The county board or agency shall include in the application the specific purpose for which the replacement facility is to be used. The director may refuse to approve the application if the director determines that any of the following apply:
(A) The application is incomplete or indicates that the county board or agency is unable to purchase a replacement facility.
(B) The replacement facility would not be used to continue to provide mental retardation or developmental disability services that the director determines are appropriate for the individuals the county board or agency serves.
(C) The county board or agency has failed to comply with a provision of Chapter 5123. or 5126. of the Revised Code or a rule adopted by the director.
(D) Approving the application would be inconsistent with the plans and priorities of the department of mental retardation and developmental disabilities.
Sec. 5123.371. If the director of mental retardation and developmental disabilities approves an application submitted under section 5123.37 of the Revised Code, the county board of mental retardation and developmental disabilities or private, nonprofit agency that submitted the application shall, after selling the facility for which the county board or agency received approval to sell, pay to the director the portion of the proceeds that equals the amount that the director determines the county board or agency owes the department of mental retardation and developmental disabilities, including the department's security interest in the facility, for the state funds used to acquire the facility.
Sec. 5123.372. If the director of mental retardation and developmental disabilities approves an application submitted under section 5123.37 of the Revised Code, the director shall establish a deadline by which the county board of mental retardation and developmental disabilities or private, nonprofit agency that submitted the application must notify the director that the county board or agency is ready to acquire a replacement facility to be used for the purpose stated in the application. The director may extend the deadline as many times as the director determines necessary.
Sec. 5123.373. If, on or before the deadline or, if any, the last extended deadline established under section 5123.372 of the Revised Code for a county board of mental retardation and developmental disabilities or private, nonprofit agency, the county board or agency notifies the director of mental retardation and developmental disabilities that the county board or agency is ready to acquire the replacement facility, the director shall enter into an agreement with the county board or agency that provides for the director to pay to the county board or agency a percentage of the cost of acquiring the replacement facility. The agreement shall specify the amount that the director shall pay. The amount may be the amount of the security interest that the department of mental retardation and developmental disabilities had in the previous facility or a different amount. The agreement may provide for the department to hold a security interest in the replacement facility.
Sec. 5123.374. (A) The director of mental retardation and developmental disabilities may rescind approval of an application submitted under section 5123.37 of the Revised Code if either of the following occurs:
(1) The county board of mental retardation and developmental disabilities or private, nonprofit agency that submitted the application fails, on or before the deadline or, if any, the last extended deadline established under section 5123.372 of the Revised Code for the county board or agency, to notify the director that the county board or agency is ready to acquire the replacement facility.
(2) The county board or agency at any time notifies the director that the county board or agency no longer intends to acquire a replacement facility.
(B) If the director rescinds approval of an application, the director shall use any funds the county board or agency paid to the director under section 5123.371 of the Revised Code to assist mental retardation or developmental disabilities construction projects under section 5123.36 of the Revised Code.
Sec. 5123.375. The MR/DD community capital replacement facilities fund is hereby created in the state treasury. The director of mental retardation and developmental disabilities shall credit all amounts paid to the director under section 5123.371 of the Revised Code to the fund. The director shall use the money in the fund as follows:
(A) To make payments to county boards of mental retardation and developmental disabilities and private, nonprofit agencies pursuant to agreements entered into under section 5123.373 of the Revised Code;
(B) To provide, pursuant to section 5123.374 of the Revised Code, assistance for mental retardation or developmental disabilities construction projects under section 5123.36 of the Revised Code.
Sec. 5139.50. (A) The release authority of the department
of
youth services is hereby
created as a bureau in
the
department.
The release authority shall consist of five members
who are
appointed by the director of youth services and who have
the
qualifications specified in division
(B) of this section. The
members of the release authority shall
devote their full time to
the duties of the release
authority and shall neither seek nor
hold other public office. The members
shall be in the
unclassified civil service.
(B) A person appointed as a member of the release
authority
shall have a bachelor's degree from an accredited
college or
university or equivalent relevant experience and shall have the
skills, training, or
experience necessary to analyze issues of
law, administration,
and public policy. The membership of the
release authority
shall represent, insofar as practicable, the
diversity found in
the children in the legal custody of the
department of youth
services.
In appointing the five members, the director shall ensure
that the appointments include all of the following:
(1) At least four members who have five or more years
of
experience in criminal justice, juvenile justice, or an equivalent
relevant
profession;
(2) At least one member who has experience in victim
services or advocacy or who has been a victim of a crime or is a
family member of a victim;
(3) At least one member who has experience in direct
care
services to delinquent children;
(4) At least one member who holds a juris doctor degree
from
an accredited college or university.
(C) The initial
appointments of members of the release
authority shall be for a
term of six years for the chairperson and
one member, a term of
four years for two members, and a term of
two years for one
member. Thereafter, members shall be appointed
for six-year
terms. At the conclusion of a term, a member shall
hold office
until the appointment and qualification of the
member's
successor. The director shall fill a vacancy occurring
before
the expiration of a term for the remainder of that term
and, if a
member is on extended leave or
disability status for
more
than thirty work
days, may appoint an interim member to
fulfill
the duties of that
member.
A member may be reappointed,
but a
member may serve no more than two
consecutive terms
regardless of
the length of the member's initial term. A
member
may be removed
for good
cause by the director.
(D) The director of youth services
shall designate as
chairperson of the release authority one of
the members who has
experience in criminal justice, juvenile
justice, or an equivalent
relevant profession. The chairperson
shall be a managing officer
of the department,
shall supervise the members of the board and
the other staff in the bureau,
and shall perform all duties and
functions necessary
to
ensure that the release authority
discharges its responsibilities. The
chairperson
shall serve as
the official spokesperson for the release
authority.
(E) The release
authority shall do all of the following:
(1) Serve as the final and sole authority for making
decisions, in the interests of public safety and the children
involved, regarding the release and
discharge of all children
committed to the legal custody of the
department of youth
services, except children placed by a juvenile
court on judicial
release to court supervision or on judicial release
to
department of youth services supervision,
children who have
not
completed a prescribed minimum period of time or prescribed period
of time
in a secure facility, or children who are required to
remain in a secure
facility until they attain twenty-one years of
age;
(2) Establish written policies and procedures for conducting
reviews of the status for all youth in the custody of
the
department, setting or modifying dates of release and
discharge,
specifying the duration, terms, and
conditions of release to be
carried out in supervised release subject to the
addition of
additional consistent terms and conditions by a court in
accordance with section 5139.51 of the Revised Code,
and giving a
child notice of all reviews;
(3) Maintain records of its official actions,
decisions,
orders, and hearing summaries and make the records
accessible in
accordance with division
(D) of section 5139.05 of the Revised
Code;
(4) Cooperate with public and private agencies,
communities,
private groups, and individuals for the development
and
improvement of its services;
(5) Collect, develop, and maintain statistical
information
regarding its services and decisions;
(6) Submit to the director an annual report that includes
a
description of the operations of the release authority, an
evaluation
of its effectiveness, recommendations for statutory,
budgetary,
or other changes necessary to improve its
effectiveness, and any
other information required by the director.
(F) The release
authority may do any of the following:
(1) Conduct inquiries, investigations, and reviews
and hold
hearings and other proceedings necessary to properly
discharge its
responsibilities;
(2) Issue subpoenas, enforceable in a court of law, to
compel a person to appear, give testimony, or produce
documentary
information or other tangible items relating to a
matter under
inquiry, investigation, review, or hearing;
(3) Administer oaths and receive testimony of persons
under
oath;
(4) Request assistance, services, and information from
a
public agency to enable the authority to discharge its
responsibilities and receive the assistance, services, and
information from
the public agency in a reasonable period of time;
(5) Request from a public agency or any other entity that
provides or has provided services to a child committed to the
department's legal custody information to enable the release
authority to properly discharge its responsibilities with
respect
to that child and receive the information from the public agency
or
other entity in a reasonable period of time.
(G)
The
release authority may delegate responsibilities to
hearing
officers or other designated staff under the release
authority's
auspices. However, the release authority shall
not
delegate its authority
to
make final decisions regarding policy or
the release of a
child.
The release authority shall adopt a written policy and
procedures governing appeals
of its release and discharge
decisions.
(H) The legal staff
of the department of youth services
shall provide assistance
to
the release authority in the
formulation of policy and in its
handling of individual cases.
Sec. 5502.261. A board of county commissioners that has entered into an agreement to establish a countywide emergency management agency may appropriate money from its general fund to support the functions and operations of the agency, including the development, acquisition, operation, and maintenance of a countywide public safety communication system and any communication devices, radios, and other equipment necessary for the system's operation and use. Money appropriated under this section may be expended to purchase and maintain the assets or equipment of the agency, including equipment used by the personnel of other political subdivisions that have entered into the agreement with the board establishing the agency. Money also may be appropriated under this section directly to a political subdivision that has entered into the agreement with the board establishing the agency, to enable the political subdivision to purchase communication devices, radios, and other equipment necessary for the countywide public safety communication system's operation and use.
Sec. 5505.27. All amounts due the state highway patrol retirement system from
the state treasury pursuant to this chapter shall be promptly paid upon
warrant
of the auditor of state director of budget and management pursuant to a voucher approved by the director of
budget and management.
Sec. 5531.10. (A) As used in this chapter:
(1) "Bond proceedings" means the resolution, order, trust
agreement, indenture, lease, lease-purchase agreements, and other
agreements, amendments and
supplements to the foregoing, or any one or more or combination
thereof, authorizing or providing for the terms and conditions
applicable to, or providing for the security or liquidity of,
obligations issued pursuant to this section, and the provisions
contained in such obligations.
(2) "Bond service charges" means principal, including
mandatory sinking fund requirements for retirement of
obligations, and interest, and redemption premium, if any,
required to be paid by the state on obligations.
(3) "Bond service fund" means the applicable fund and
accounts therein created for and pledged to the payment of bond
service charges, which may be, or may be part of, the state infrastructure
bank revenue bond service fund created by division (R) of
this
section including all moneys and investments, and earnings from
investments, credited and to be credited thereto.
(4) "Issuing authority" means the treasurer of state, or
the officer who by law performs the functions of the treasurer of state.
(5) "Obligations" means bonds, notes, or other evidence of
obligation including interest coupons pertaining thereto, issued
pursuant to this section.
(6) "Pledged receipts" means moneys accruing
to the state from the lease, lease-purchase, sale, or other
disposition, or use, of qualified projects,
and from the repayment, including
interest, of loans made from proceeds received from the sale of
obligations; accrued interest received from the sale of
obligations; income from the investment of the special funds;
any gifts, grants, donations, and pledges, and receipts
therefrom, available for the payment of bond service charges; and any amounts
in the state infrastructure bank pledged to the payment of such charges. If the amounts in the state infrastructure bank are insufficient for the payment of such charges, "pledged receipts" also means moneys that are apportioned by the United States secretary of transportation under United States Code, Title XXIII, as amended, or any successor legislation, or under any other federal law relating to aid for highways, and that are to be received as a grant by the state, to the extent the state is not prohibited by state or federal law from using such moneys and the moneys are pledged to the payment of such bond service charges.
(7) "Special funds" or "funds" means, except where the
context does not permit, the bond service fund, and any other
funds, including reserve funds, created under the bond
proceedings, and the state infrastructure bank revenue bond service fund
created by division (R) of this section to the extent
provided in the bond proceedings, including all moneys and investments, and
earnings from investment, credited and to be credited thereto.
(8) "State infrastructure project" means any public
transportation project undertaken by the state, including, but not limited to,
all components of any such project, as described in division (D) of
section 5531.09 of the Revised Code.
(9) "District obligations" means bonds, notes, or other evidence of obligation including interest coupons pertaining thereto, issued to finance a qualified project by a transportation improvement district created pursuant to section 5540.02 of the Revised Code, of which the principal, including mandatory sinking fund requirements for retirement of such obligations, and interest and redemption premium, if any, are payable by the department of transportation.
(B) The issuing authority, after giving written
notice to the director of budget and management and upon the certification
by the director of transportation to the issuing
authority of the amount of moneys or additional moneys needed either for
state infrastructure projects or to provide financial assistance for any
of the purposes for which the state
infrastructure bank may be used under section 5531.09 of the Revised Code,
or needed for capitalized
interest, funding reserves, and paying costs and expenses
incurred in connection with the issuance, carrying, securing,
paying, redeeming, or retirement of the obligations or any
obligations refunded thereby, including payment of costs and
expenses relating to letters of credit, lines of credit,
insurance, put agreements, standby purchase agreements, indexing,
marketing, remarketing and administrative arrangements, interest
swap or hedging agreements, and any other credit enhancement,
liquidity, remarketing, renewal, or refunding arrangements, all
of which are authorized by this section, shall issue obligations of the state
under this section in the
required amount. The proceeds of such obligations, except for the
portion to be deposited in special funds, including reserve
funds, as may be provided in the bond proceedings, shall as
provided in the bond proceedings be credited to the infrastructure bank
obligations fund of the state infrastructure
bank created by section 5531.09
of the Revised Code and disbursed as provided in the bond proceedings for such obligations. The issuing authority may appoint trustees, paying
agents, transfer agents, and authenticating
agents, and may retain the services of financial
advisors, accounting experts, and attorneys, and retain or
contract for the services of marketing, remarketing, indexing,
and administrative agents, other consultants, and independent
contractors, including printing services, as are necessary in the
issuing authority's judgment to carry out this section. The
costs of such services are payable from funds of the
state infrastructure bank.
(C) Except as otherwise provided in this division, the The holders or owners of such obligations shall have
no right to have moneys raised by taxation by the state of
Ohio obligated or pledged, and moneys so raised shall not
be obligated or pledged,
for the payment of bond service charges. The municipal corporations and counties may pledge and obligate moneys received pursuant to sections 4501.04, 5709.42, 5709.79, 5735.23, 5735.27, and 5735.291 of the Revised Code to the payment of amounts payable by those municipal corporations and counties to the state infrastructure bank pursuant to section 5531.09 of the Revised Code, and the bond proceedings for obligations may provide that such payments shall constitute pledged receipts, provided such moneys are obligated, pledged, and paid only with respect to obligations issued exclusively for public transportation projects. The right of such holders
and owners to the payment of bond service charges is limited to all
or that portion of the pledged receipts and those special funds
pledged thereto pursuant to the bond proceedings for such obligations
in accordance
with this section, and each such obligation shall bear on its
face a statement to that effect. Moneys received as repayment of loans made by the state infrastructure bank pursuant to section 5531.09 of the Revised Code shall not be considered moneys raised by taxation by the state of Ohio regardless of the source of the moneys.
(D) Obligations shall be authorized by order
of the issuing authority and the bond proceedings shall provide
for the purpose thereof and the principal amount or amounts, and
shall provide for or authorize the manner or agency for
determining the principal maturity or maturities, not exceeding
twenty-five years from the date of issuance, the interest rate or
rates or the maximum interest rate, the date of the obligations
and the dates of payment of interest thereon, their denomination,
and the establishment within or without the state of a place or
places of payment of bond service charges. Sections 9.98 to
9.983 of the Revised Code are applicable to obligations issued
under this section. The purpose of such
obligations may be stated in the bond proceedings in terms
describing the general purpose or purposes to be served. The
bond proceedings also shall provide, subject to the provisions of
any other applicable bond proceedings, for the pledge of all, or
such part as the issuing authority may
determine, of the pledged
receipts and the applicable special fund or funds to the payment
of bond service charges, which pledges may be made either prior
or subordinate to other expenses, claims, or payments, and may be
made to secure the obligations on a parity with obligations
theretofore or thereafter issued, if and to the extent provided
in the bond proceedings. The pledged receipts and special funds
so pledged and thereafter received by the state immediately
are subject to the lien of such pledge without any physical delivery
thereof or further act, and the lien of any such pledges is valid
and binding against all parties having claims of any kind against
the state or any governmental agency of the state, irrespective
of whether such parties have notice thereof, and shall create a
perfected security interest for all purposes of Chapter 1309. of the Revised
Code, without the necessity for separation or
delivery of funds or for the filing or recording of the bond
proceedings by which such pledge is created or any certificate,
statement, or other document with respect thereto; and the pledge
of such pledged receipts and special funds is effective and the
money therefrom and thereof may be applied to the purposes for
which pledged without necessity for any act of appropriation.
Every pledge, and every covenant and agreement made with respect
thereto, made in the bond proceedings may therein be extended to
the benefit of the owners and holders of obligations authorized
by this section, and to any trustee therefor, for the further
security of the payment of the bond service charges.
(E) The bond proceedings may contain additional provisions
as to:
(1) The redemption of obligations prior to maturity at the
option of the issuing authority at such price or prices and under
such terms and conditions as are provided in the bond
proceedings;
(2) Other terms of the obligations;
(3) Limitations on the issuance of additional obligations;
(4) The terms of any trust agreement or indenture securing
the obligations or under which the same may be issued;
(5) The deposit, investment, and application of special
funds, and the safeguarding of moneys on hand or on deposit,
without regard to Chapter 131. or 135. of the Revised Code, but
subject to any special provisions of this section with
respect
to particular funds or moneys, provided that any bank or trust
company which acts as depository of any moneys in the special
funds may furnish such indemnifying bonds or may pledge such
securities as required by the issuing authority;
(6) Any or every provision of the bond proceedings being
binding upon such officer, board, commission, authority, agency,
department, or other person or body as may from time to time have
the authority under law to take such actions as may be necessary
to perform all or any part of the duty required by such
provision;
(7) Any provision that may be made in a trust agreement or
indenture;
(8) Any other or additional agreements with the holders of
the obligations, or the trustee therefor, relating to the
obligations or the security therefor, including the assignment of
mortgages or other security
relating to financial assistance for qualified projects under section
5531.09 of the Revised Code.
(F) The obligations may have the great seal of the state
or a facsimile thereof affixed thereto or printed thereon. The
obligations and any coupons pertaining to obligations shall be
signed or bear the facsimile signature of the issuing authority.
Any obligations or coupons may be executed by the person who, on
the date of execution, is the proper issuing authority although
on the date of such bonds or coupons such person was not the
issuing authority. In case the issuing authority whose signature
or a facsimile of whose signature appears on any such obligation
or coupon ceases to be the issuing authority before delivery
thereof, such signature or facsimile nevertheless is valid
and sufficient for all purposes as if the former issuing
authority had remained the issuing
authority until such delivery; and in case the seal to be affixed
to obligations has been changed after a facsimile of the seal has
been imprinted on such obligations, such facsimile seal shall
continue to be sufficient as to such obligations and obligations
issued in substitution or exchange therefor.
(G) All obligations are negotiable instruments and
securities under Chapter 1308. of the Revised Code, subject to
the provisions of the bond proceedings as to registration. The
obligations may be issued in coupon or in registered form, or
both, as the issuing authority determines. Provision may be made
for the registration of any obligations with coupons attached
thereto as to principal alone or as to both principal and
interest, their exchange for obligations so registered, and for
the conversion or reconversion into obligations with coupons
attached thereto of any obligations registered as to both
principal and interest, and for reasonable charges for such
registration, exchange, conversion, and reconversion.
(H) Obligations may be sold at public sale or at private
sale, as determined in the bond proceedings.
(I) Pending preparation of definitive obligations, the
issuing authority may issue interim receipts or certificates
which shall be exchanged for such definitive obligations.
(J) In the discretion of the issuing authority,
obligations may be secured additionally by a trust agreement or
indenture between the issuing authority and a corporate trustee
which may be any trust company or bank having its principal place
of business within the state. Any such agreement or indenture
may contain the order authorizing the issuance of
the obligations, any provisions that may be contained in any bond
proceedings, and other provisions which are customary or
appropriate in an agreement or indenture of such type, including,
but not limited to:
(1) Maintenance of each pledge, trust agreement,
indenture, or other instrument comprising part of the bond
proceedings until the state has fully paid the bond service
charges on the obligations secured thereby, or provision therefor
has been made;
(2) In the event of default in any payments required to be
made by the bond proceedings, or any other agreement of the
issuing authority made as a part of the contract under which the
obligations were issued, enforcement of such payments or
agreement by mandamus, the appointment of a receiver, suit in
equity, action at law, or any combination of the foregoing;
(3) The rights and remedies of the holders of obligations
and of the trustee, and provisions for protecting and enforcing
them, including limitations on the rights of individual holders of
obligations;
(4) The replacement of any obligations that become
mutilated or are destroyed, lost, or stolen;
(5) Such other provisions as the trustee and the issuing
authority agree upon, including limitations, conditions, or
qualifications relating to any of the foregoing.
(K) Any holder of obligations or a trustee under the bond
proceedings, except to the extent that the holder's or
trustee's rights are restricted
by the bond proceedings, may by any suitable form of legal
proceedings, protect and enforce any rights under the laws of
this state or granted by such bond proceedings. Such rights
include the right to compel the performance of all duties of the
issuing authority and the director of transportation required by the bond
proceedings or sections 5531.09 and 5531.10 of the
Revised Code; to enjoin unlawful activities; and in the
event of
default with respect to the payment of any bond service charges
on any obligations or in the performance of any covenant or
agreement on the part of the issuing authority or the director of
transportation in the bond
proceedings, to apply to a court having jurisdiction of the cause
to appoint a receiver to receive and administer the pledged
receipts and special funds, other than those in the custody of
the treasurer of state, which are pledged to the payment of the
bond service charges on such obligations or which are the subject
of the covenant or agreement, with full power to pay, and to
provide for payment of bond service charges on, such obligations,
and with such powers, subject to the direction of the court, as
are accorded receivers in general equity cases, excluding any
power to pledge additional revenues or receipts or other income
or moneys of the state or local
governmental entities, or agencies
thereof, to the payment of such principal and
interest and excluding the power to take possession of, mortgage,
or cause the sale or otherwise dispose of any project facilities.
Each duty of the issuing authority and the issuing
authority's officers and employees, and of each state or local
governmental
agency and its officers, members, or employees, undertaken
pursuant to the bond proceedings or any loan, loan
guarantee, lease, lease-purchase agreement, or
other agreement made under authority of section
5531.09 of the Revised Code, and in every agreement by
or with the issuing authority,
is hereby established as a duty of the issuing authority, and of
each such officer, member, or employee having authority to
perform such duty, specifically enjoined by the law resulting
from an office, trust, or station within the meaning of section
2731.01 of the Revised Code.
The person who is at the time the issuing authority, or the
issuing authority's officers or employees, are not liable in
their personal capacities on any obligations issued by the
issuing authority or any agreements of or with the issuing
authority.
(L) The issuing authority may authorize and issue
obligations for the refunding, including funding and retirement,
and advance refunding with or without payment or redemption prior
to maturity, of any obligations previously issued by the issuing
authority or district obligations. Such refunding obligations may be issued in amounts sufficient
for payment of the principal amount of the prior obligations or district obligations, any
redemption premiums thereon, principal maturities of any such
obligations or district obligations maturing prior to the redemption of the remaining
obligations or district obligations on a parity therewith, interest accrued or to accrue
to the maturity dates or dates of redemption of such obligations or district obligations,
and any expenses incurred or to be
incurred in connection with such issuance and such refunding,
funding, and retirement. Subject to the bond proceedings
therefor, the portion of proceeds of the sale of refunding obligations
issued under this division to be applied to bond service charges
on the prior obligations or district obligations shall be credited to an appropriate
account held by the trustee for such prior or new obligations or
to the appropriate account in the bond service fund for such
obligations or district obligations. Obligations authorized under this division shall be
deemed to be issued for those purposes for which such prior
obligations or district obligations were issued and are subject to the provisions of this
section pertaining to other obligations, except as otherwise
provided in this section. The
last maturity of obligations authorized under this division shall not be later
than twenty-five years from the date of issuance of the original securities
issued for the original purpose.
(M) The authority to issue obligations under this section
includes authority to issue obligations in the form of bond
anticipation notes and to renew the same from time to time by the
issuance of new notes. The holders of such notes or interest
coupons pertaining thereto shall have a right to be paid solely
from the pledged receipts and special funds that may be pledged
to the payment of the bonds anticipated, or from the proceeds of
such bonds or renewal notes, or both, as the issuing authority
provides in the order authorizing such notes. Such
notes may be additionally secured by covenants of the issuing
authority to the effect that the issuing authority and the state
will do such or all things necessary for the issuance of such
bonds or renewal notes in the appropriate amount, and apply the
proceeds thereof to the extent necessary, to make full payment of
the principal of and interest on such notes at the time or times
contemplated, as provided in such order. For such
purpose, the issuing authority may issue bonds or renewal notes
in such principal amount and upon such terms as may be necessary
to provide funds to pay when required the principal of and
interest on such notes, notwithstanding any limitations
prescribed by or for purposes of this section. Subject to this
division, all provisions for and references to obligations in
this section are applicable to notes authorized under this
division.
The issuing authority in the bond proceedings authorizing
the issuance of bond anticipation notes shall set forth for such
bonds an estimated interest rate and a schedule of principal
payments for such bonds and the annual maturity dates thereof.
(N) Obligations issued under this section are lawful
investments for banks, societies for savings, savings and loan
associations, deposit guarantee associations, trust companies,
trustees, fiduciaries, insurance companies, including domestic
for life and domestic not for life, trustees or other officers
having charge of sinking and bond retirement or other special
funds of political subdivisions and taxing districts of this
state, the commissioners of the sinking fund of the state, the
administrator of workers' compensation, the state teachers retirement
system, the public employees retirement system, the school
employees retirement system, and the Ohio police and
fire pension fund, notwithstanding any other
provisions
of the Revised Code or rules adopted pursuant thereto by any
agency of the state with respect to investments by
them, and are also acceptable as security for the deposit of
public moneys.
(O) Unless otherwise provided in any applicable bond
proceedings, moneys to the credit of or in the special funds
established by or pursuant to this section may be invested by or
on behalf of the issuing authority only in notes, bonds, or other
obligations of the United States, or of any agency or
instrumentality of the United States, obligations guaranteed
as to principal and interest by the United States,
obligations of this state or
any political subdivision of this state, and certificates of deposit of
any national bank located in this state and any bank, as defined
in section 1101.01 of the Revised Code, subject to inspection by
the superintendent of financial institutions. If the law
or the instrument
creating a trust pursuant to division (J) of this section
expressly permits investment in direct obligations of the United
States or an agency of the United States, unless
expressly prohibited by the
instrument, such moneys also may be invested in no-front-end-load
money market mutual funds consisting exclusively of obligations
of the United States or an agency of the United
States and in repurchase
agreements, including those issued by the fiduciary itself,
secured by obligations of the United States or an agency of
the United States;
and in collective
investment funds as defined in division (A) of section
1111.01 of the Revised Code and consisting exclusively
of any
such securities.
The income from such investments shall be credited to such funds
as the issuing authority determines, and such investments may be
sold at such times as the issuing authority determines or
authorizes.
(P) Provision may be made in the applicable bond
proceedings for the establishment of separate accounts in the
bond service fund and for the application of such accounts only
to the specified bond service charges on obligations pertinent to
such accounts and bond service fund and for other accounts
therein within the general purposes of such fund. Unless
otherwise provided in any applicable bond proceedings, moneys to
the credit of or in the several special funds established
pursuant to this section shall be disbursed on the order of the
treasurer of state, provided that no such order is required for
the payment from the bond service fund when due of bond service
charges on obligations.
(Q)(1) The issuing authority may pledge
all, or such portion
as the issuing authority determines, of the pledged receipts to
the payment of bond service charges on obligations issued under
this section, and for the establishment and maintenance of any
reserves, as provided in the bond proceedings, and make other
provisions therein with respect to pledged receipts as authorized
by this chapter, which provisions are controlling notwithstanding
any other provisions of law pertaining thereto.
(2) An action taken under division
(Q)(2) of this section does not limit the
generality of division (Q)(1) of this section, and is subject to
division (C) of this section and, if and to the extent otherwise
applicable, Section 13 of Article VIII,
Ohio Constitution. The bond proceedings may contain a
covenant that, in the event the pledged
receipts primarily pledged and required to be used for the payment of bond
service charges on obligations issued under this section, and for the
establishment and maintenance of any reserves, as provided in the bond
proceedings, are insufficient to make any such payment in full when due, or to
maintain any such reserve, the director of transportation shall so notify the
governor, and shall determine to what extent, if any, the payment may be made
or moneys may be restored to the reserves from lawfully available moneys
previously appropriated for that purpose to the department of transportation.
The covenant also may
provide that if the payments are not made or the moneys are not immediately
and
fully restored to the reserves from such moneys, the director shall
promptly submit to the governor and to the director of budget and management a
written request for either or both of the following:
(a) That the next biennial budget submitted by the governor to
the general assembly include an amount to be appropriated from lawfully
available
moneys to the department for the purpose of and sufficient for the payment in
full of bond service charges previously due and for the full
replenishment of the reserves;
(b) That the general assembly be requested to increase
appropriations from lawfully available moneys for
the department in the current biennium sufficient for the purpose of and for
the payment in full of bond service charges previously due and to come due in
the biennium and for the full replenishment of the reserves.
The director of transportation shall include with such requests a
recommendation that the
payment of the bond service charges and the replenishment of the reserves be
made in the interest of maximizing the benefits of the state infrastructure
bank. Any such covenant shall not obligate or purport to obligate the state
to
pay the bond service charges on such bonds or notes or to deposit moneys
in a reserve established for such payments other than from moneys that may be
lawfully available and appropriated for that purpose during the then-current
biennium.
(R) There is hereby created the state infrastructure bank revenue
bond service fund, which shall be in the custody of the treasurer of
state but shall not be a part of the
state treasury. All moneys received by or on account of the
issuing authority or state agencies and required by the
applicable bond proceedings, consistent with this section, to be
deposited, transferred, or credited to the bond service fund, and all
other moneys transferred or allocated to or received for the purposes of the
fund, shall be deposited and credited to such fund and to any
separate accounts therein, subject to applicable provisions of
the bond proceedings, but without necessity for any act of
appropriation. The state infrastructure
bank
revenue bond service fund is a trust fund and is
hereby pledged to the payment of bond service charges to the
extent provided in the applicable bond proceedings, and payment
thereof from such fund shall be made or provided for by the
treasurer of state in accordance with such bond proceedings
without necessity for any act of appropriation.
(S) The obligations issued pursuant to this section, the transfer
thereof, and the income therefrom, including any profit made on the sale
thereof, shall at all times be free from taxation within this state.
Sec. 5531.101. (A) Municipal corporations, counties, and townships may not use revenue raised under section 5735.29 of the Revised Code to repay loans made by the state infrastructure bank under section 5531.09 of the Revised Code if both of the following apply:
(1) The loans were made for highway, road, or street projects begun prior to March 31, 2003.
(a) Results from the increase in the tax imposed under section 5735.29 of the Revised Code pursuant to the amendment of the section by Am. Sub. H.B. 87 of the 125th General Assembly; and
(b) Is distributed under section 5735.291 of the Revised Code.
(B) While the loans described in division (A)(1) of this section are outstanding, the tax commissioner shall notify municipal corporations, counties, and townships receiving the revenue described in division (A)(2) of this section of the amount that cannot be used for the loan repayments.
Sec. 5577.99. (A) Whoever violates the weight provisions
of
sections 5577.01 to 5577.07 or the weight provisions in regard
to
highways under section 5577.04 of the Revised Code shall be
fined
eighty dollars for the first two thousand pounds, or
fraction
thereof, of overload; for overloads in excess of two
thousand
pounds, but not in excess of five thousand pounds, such
person
shall be fined one hundred dollars, and in addition
thereto one
dollar per one hundred pounds of overload; for
overloads in excess
of five thousand pounds, but not in excess of
ten thousand pounds,
such person shall be fined one hundred
thirty dollars and in
addition thereto two dollars per one
hundred pounds of overload,
or imprisoned not more than thirty
days, or both. For all
overloads in excess of ten thousand
pounds such person shall be
fined one hundred sixty dollars, and
in addition thereto three
dollars per one hundred pounds of
overload, or imprisoned not more
than thirty days, or both.
Whoever violates the weight provisions
of vehicle and load
relating to gross load limits shall be fined
not less than one
hundred dollars. No penalty prescribed in this
division shall be
imposed on any vehicle combination if the
overload on any axle
does not exceed one thousand pounds, and if
the immediately
preceding or following axle, excepting the front
axle of the
vehicle combination, is underloaded by the same or a
greater
amount. For purposes of this division, two axles on one
vehicle
less than eight feet apart, shall be considered as one
axle.
(B) Whoever violates the weight provisions of section
5571.071 5577.071 or 5577.08 or the weight provisions in regard to bridges
under section 5577.09, and whoever exceeds the carrying capacity
specified under section 5591.42 of the Revised Code, shall be
fined eighty dollars for the first two thousand pounds, or
fraction thereof, of overload; for overloads in excess of two
thousand pounds, but not in excess of five thousand pounds, the
person shall be fined one hundred dollars, and in addition
thereto
one dollar per one hundred pounds of overload; for
overloads in
excess of five thousand pounds, but not in excess of
ten thousand
pounds, the person shall be fined one hundred thirty
dollars, and
in addition thereto two dollars per one hundred
pounds of
overload, or imprisoned not more than thirty days, or
both. For
all overloads in excess of ten thousand pounds, the
person shall
be fined one hundred sixty dollars, and in addition
thereto three
dollars per one hundred pounds of overload, or
imprisoned not more
than thirty days, or both.
Notwithstanding any other provision of the Revised Code
that
specifies a procedure for the distribution of fines, all
fines
collected pursuant to division (B) of this section shall be paid into the
treasury
of the county and credited to any fund for the
maintenance and
repair of roads, highways, bridges, or culverts.
(C) Whoever violates any other provision of sections
5577.01
to 5577.09 of the Revised Code
is guilty of a minor misdemeanor on a
first offense;
on a
second or subsequent
offense, such person
is guilty of a misdemeanor of the
fourth degree.
(D) Whoever violates section 5577.10 of the Revised Code
shall be fined not more than five thousand dollars or imprisoned
for not less than thirty days nor more than six months, or both.
(E) Whoever violates section 5577.11 of the Revised Code
shall be fined not more than twenty-five dollars.
Sec. 5701.11. (A) Except as provided under division (B) of this section, any reference in Title LVII of the Revised Code to the Internal Revenue Code, to the Internal Revenue Code "as amended," to other laws of the United States, or to other laws of the United States, "as amended" means the Internal Revenue Code or other laws of the United States as they exist on the effective date of this section as enacted by H.B. 530 of the 126th general assembly. This section does not apply to any reference to the Internal Revenue Code or to other laws of the United States as of a date certain specifying the day, month, and year.
(B) For purposes of applying section 5733.04, 5745.01, or 5747.01 of the Revised Code to a taxpayer's taxable year ending in 2005, and also to the subsequent taxable year if it ends before the effective date of this section, a taxpayer may irrevocably elect to incorporate the provisions of the Internal Revenue Code or other laws of the United States that are in effect for federal income tax purposes for those taxable years if those provisions differ from the provisions that would otherwise be incorporated into section 5733.04, 5745.01, or 5747.01 of the Revised Code for those taxable years under division (A) of this section. The filing of a report or return by the taxpayer for the taxable year ending in 2005 that incorporates the provisions of the Internal Revenue Code or other laws of the United States applicable for federal income tax purposes to that taxable year, without adjustments to reverse the effects of any differences between those provisions and the provisions that would otherwise be incorporated under division (A) of this section, constitutes the making of an irrevocable election under this division for that taxable year and for the subsequent taxable year if it ends before the effective date of this section.
Sec. 5703.21. (A) Except as provided in divisions (B) and
(C) of this section, no agent
of the department of taxation,
except in the agent's report to the department or when called on
to
testify in any court or proceeding, shall divulge any
information
acquired by the agent as to the transactions,
property, or business
of any person while acting or claiming to
act under orders of the
department. Whoever violates this
provision shall thereafter be
disqualified from acting as an
officer or employee or in any
other capacity under appointment or
employment of the department.
(B)(1) For purposes of an audit pursuant to section 117.15
of the Revised Code, or an audit of the department pursuant to
Chapter 117. of the Revised Code, or an audit, pursuant to that
chapter, the objective of which is to express an opinion on a
financial report or statement prepared or issued pursuant to
division (A)(7) or (9) of section
126.21 of
the Revised Code, the
officers and employees of the auditor of state charged with
conducting the audit shall have access to and the right to
examine
any state tax returns and state tax return information in
the
possession of the department to the extent that the
access
and
examination are necessary for purposes of the audit. Any
information acquired as the result of that access and
examination
shall not be divulged for any purpose other than as required for
the audit or unless the officers and employees are required
to
testify in a court or proceeding under compulsion of legal
process. Whoever violates this provision shall thereafter be
disqualified from acting as an officer or employee or in any
other
capacity under appointment or employment of the auditor of
state.
(2) As provided by section 6103(d)(2) of the Internal
Revenue Code, any federal tax returns or federal tax information
that the department has acquired from the internal revenue
service, through federal and state statutory authority, may be
disclosed to the auditor of state solely for purposes of an audit
of the department.
(C) Division (A) of this section does not prohibit
any of
the following:
(1) Divulging information contained in applications,
complaints, and
related documents filed with the department under
section 5715.27
of the Revised Code or in applications filed with
the department
under section 5715.39 of the Revised Code;
(2) Providing
information to the office of child support
within the department of job and family services pursuant to
section 3125.43 of the Revised
Code;
(3) Disclosing to the board of
motor vehicle collision
repair registration any information
in the possession of the
department that is necessary for the
board to
verify the existence
of an applicant's valid vendor's license and
current state tax
identification number under section 4775.07 of the
Revised Code;
(4) Providing information to the administrator
of workers'
compensation pursuant
to section 4123.591 of the Revised Code;
(5) Providing to the attorney general
information the
department obtains
under division (J) of section 1346.01 of the
Revised Code;
(6) Permitting properly authorized officers, employees, or
agents of a
municipal corporation from inspecting reports or
information pursuant to
rules adopted under section 5745.16 of the
Revised Code;
(7) Providing information regarding the name, account
number, or business
address of a holder of a vendor's
license
issued pursuant to section 5739.17 of the Revised Code, a holder
of a
direct payment permit issued pursuant to section 5739.031 of
the
Revised Code, or a seller having a use tax account maintained
pursuant to
section 5741.17 of the Revised Code, or information
regarding the active or inactive status of a vendor's license,
direct payment permit, or seller's use tax account;
(8) Releasing invoices or invoice information furnished under
section 4301.433 of
the Revised Code pursuant to
that section;
(9) Providing to a county auditor notices or documents concerning or affecting the taxable value of property in the county auditor's county. Unless authorized by law to disclose documents so provided, the county auditor shall not disclose such documents;
(10) Providing to a county auditor sales or use tax return or audit information under section 333.06 of the Revised Code.
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 the office of information technology 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 committee 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 committee 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. 5705.03. (A) The taxing authority of each subdivision
may
levy taxes
annually, subject to the limitations of sections
5705.01 to 5705.47
of the Revised Code, on the real and personal
property within the subdivision
for the purpose of paying the
current operating expenses of the subdivision
and
acquiring or
constructing permanent improvements. The taxing authority of
each
subdivision and taxing unit shall, subject to the limitations of
such
sections,
levy such taxes annually as are necessary to pay
the interest and sinking fund
on and retire at maturity the bonds,
notes, and certificates of indebtedness
of
such subdivision and
taxing unit, including levies in anticipation of which
the
subdivision or taxing unit has incurred indebtedness.
(B)(1) When a taxing authority determines that it is
necessary
to levy a tax outside the ten-mill limitation for any purpose
authorized by the Revised Code, the taxing authority shall
certify
to
the county auditor a resolution or ordinance requesting that
the county
auditor
certify to the taxing authority the total
current tax valuation of the
subdivision, and the number of mills
required to generate a specified amount
of
revenue, or the dollar
amount of revenue that would be generated by a
specified
number of
mills. The resolution or ordinance shall state the purpose of the
tax, whether the tax is an additional levy or a renewal or a
replacement of an
existing tax, and the section of the Revised
Code
authorizing submission of the question of
the tax. If a
subdivision is located in more than one county, the county
auditor
shall obtain from the county auditor of each other county in which
the
subdivision is located the current tax valuation for the
portion of the
subdivision in that county.
The county auditor
shall issue the certification to the taxing authority within ten
days after receiving the taxing authority's resolution or
ordinance requesting it.
(2) When considering the tangible personal property component of the tax valuation of the subdivision, the county auditor shall take into account the assessment percentages prescribed in section 5711.22 of the Revised Code. The tax commissioner may issue rules, orders, or instructions directing how the assessment percentages must be utilized.
(3) If, upon receiving the certification from the
county auditor,
the taxing authority proceeds with the submission of the
question
of the tax to electors, the taxing authority shall certify its
resolution
or ordinance, accompanied by a copy of the county
auditor's certification, to the proper county board of elections
in the manner and within
the
time prescribed by the section of the
Revised Code governing
submission of the question, and
shall
include with its certification the rate of the tax levy, expressed
in
mills for each one dollar in tax valuation
as estimated by the
county auditor.
The county board of elections shall not submit the
question of the tax to electors unless a copy of the county
auditor's certification accompanies the resolution or ordinance
the taxing authority certifies to the board.
Before requesting a
taxing authority to
submit a tax
levy, any agency or
authority authorized to make that request shall first request the
certification from the county auditor
provided under this section.
(4) This division is supplemental to, and not in derogation of,
any similar
requirement governing the certification by the county
auditor of the tax
valuation
of a subdivision or necessary tax
rates for the purposes of the submission of
the question of a tax
in excess of the ten-mill limitation, including sections
133.18
and 5705.195 of the Revised Code.
(C) All
taxes levied on
property shall be extended on the
tax duplicate by the county auditor of the
county in which the
property is located, and shall be collected by the county
treasurer of such county in the same manner and under the same
laws
and rules as are prescribed for the assessment and collection
of county
taxes. The proceeds of any tax levied by or for any
subdivision when received
by its fiscal officer shall be deposited
in its treasury to the credit of the
appropriate fund.
Sec. 5705.091. The board of county commissioners of each
county shall establish a county mental retardation and
developmental disabilities general fund. Notwithstanding
sections
5705.09 and section 5705.10 of the Revised Code, proceeds from
levies
under section 5705.222 and division (L) of section 5705.19
of the
Revised Code shall be deposited to the credit of the
county mental
retardation and developmental disabilities general
fund. Accounts
shall be established within the county mental
retardation and
developmental disabilities general fund for each
of the several
particular purposes of the levies as specified in
the resolutions
under which the levies were approved, and
proceeds from different
levies that were approved for the same
particular purpose shall be
credited to accounts for that
purpose. Other money received by
the county for the purposes of
Chapters 3323. and 5126. of the
Revised Code and not required by
state or federal law to be
deposited to the credit of a different
fund shall also be
deposited to the credit of the county mental
retardation and
developmental disabilities general fund, in an
account appropriate
to the particular purpose for which the money
was received.
Unless
otherwise provided by law, an unexpended
balance at the end
of a
fiscal year in any account in the county
mental retardation
and
developmental disabilities general fund
shall be appropriated
the
next fiscal year to the same fund.
A county board of mental retardation and developmental
disabilities may request, by resolution, that the board of county
commissioners establish a county mental retardation and
developmental disabilities capital fund for money to be used for
acquisition, construction, or improvement of capital facilities
or
acquisition of capital equipment used in providing services to
mentally retarded and developmentally disabled persons. The
county board of mental retardation and developmental disabilities
shall transmit a certified copy of the resolution to the board of
county commissioners. Upon receiving the resolution, the board
of
county commissioners shall establish a county mental
retardation
and developmental disabilities capital fund.
A county board shall request, by resolution, that the board
of county commissioners establish a county MR/DD medicaid reserve
fund. On
receipt of the resolution, the board of county
commissioners shall
establish a county MR/DD medicaid reserve
fund. The portion of
federal revenue funds that the county board
earns for providing
medicaid case
management services and home and community-based
services that is
needed for the county board to pay for
extraordinary costs,
including extraordinary costs for services to
individuals with
mental retardation or other developmental
disability, and ensure
the availability of adequate funds in the
event a county property
tax levy for services for individuals with
mental retardation or
other developmental disability fails shall
be deposited into the
fund. The county board shall use money in
the fund for those
purposes in accordance with rules adopted under section 5123.0413
of the Revised Code.
Sec. 5705.19. This section does not apply to school
districts or county school financing districts.
The taxing authority of any subdivision at any time and in
any year, by vote of two-thirds of all the members of the taxing
authority, may declare by resolution and certify the resolution
to
the board of elections not less than seventy-five days before
the
election upon which it will be voted that the amount of taxes
that
may be raised within the ten-mill limitation will be
insufficient
to provide for the necessary requirements of the
subdivision and
that it is necessary to levy a tax in excess of
that limitation
for any of the following purposes:
(A) For current expenses of the subdivision, except that
the
total levy for current expenses of a detention facility
district
or district organized under section 2151.65 of the Revised Code
shall not exceed two mills and that the total levy for current
expenses of a combined district organized under sections
2151.65
and 2152.41 of the Revised Code shall not exceed four mills;
(B) For the payment of debt charges on certain described
bonds, notes, or certificates of indebtedness of the subdivision
issued subsequent to January 1, 1925;
(C) For the debt charges on all bonds, notes, and
certificates of indebtedness issued and authorized to be issued
prior to January 1, 1925;
(D) For a public library of, or supported by, the
subdivision under whatever law organized or authorized to be
supported;
(E) For a municipal university, not to exceed two mills
over
the limitation of one mill prescribed in section 3349.13 of
the
Revised Code;
(F) For the construction or acquisition of any specific
permanent improvement or class of improvements that the taxing
authority of the subdivision may include in a single bond issue;
(G) For the general construction, reconstruction,
resurfacing, and repair of streets, roads, and bridges in
municipal corporations, counties, or townships;
(H) For
parks and recreational purposes;
(I) For the purpose of providing and maintaining fire
apparatus, appliances, buildings, or sites therefor, or sources
of
water supply and materials therefor, or the establishment and
maintenance of lines of fire alarm telegraph, or the payment of
permanent, part-time, or volunteer firefighters or
firefighting
companies to operate the same, including the payment of the
firefighter employers'
contribution required under section
742.34
of
the Revised Code, or the purchase of ambulance
equipment, or
the provision of ambulance, paramedic, or other emergency
medical
services
operated by a fire department or firefighting
company;
(J) For the purpose of providing and maintaining motor
vehicles, communications, other equipment, buildings, and sites for such buildings used directly in
the
operation of a police department, or the payment of salaries
of
permanent police personnel, including the payment of the
police
officer employers' contribution
required under section 742.33
of
the Revised Code, or the payment of the costs incurred by
townships as a result of contracts made with other political
subdivisions in order to obtain police protection, or the
provision of ambulance or emergency medical services operated by a
police
department;
(K) For the maintenance and operation of a county home or
detention
facility;
(L) For community mental retardation and developmental
disabilities programs and services pursuant to Chapter 5126. of
the Revised Code, except that the procedure for such levies shall
be as provided in section 5705.222 of the Revised Code;
(M) For regional planning;
(N) For a county's share of the cost of maintaining and
operating schools, district detention facilities, forestry
camps,
or
other facilities, or any combination thereof, established under
section 2151.65 or 2152.41 of the Revised Code or both
of those
sections;
(O) For providing for flood defense, providing and
maintaining a flood wall or pumps, and other purposes to prevent
floods;
(P) For maintaining and operating sewage disposal plants
and
facilities;
(Q) For the purpose of purchasing, acquiring,
constructing,
enlarging, improving, equipping, repairing,
maintaining, or
operating, or any combination of the foregoing, a
county transit
system pursuant to sections 306.01 to 306.13 of
the Revised Code,
or of making any payment to a board of
county commissioners
operating a transit system or a county transit
board pursuant to
section 306.06 of the Revised Code;
(R) For the subdivision's share of the cost of acquiring
or
constructing any schools, forestry camps, detention
facilities,
or
other facilities, or any combination thereof, under section
2151.65 or 2152.41 of the Revised Code or both of
those sections;
(S) For the prevention, control, and abatement of air
pollution;
(T) For maintaining and operating cemeteries;
(U) For providing ambulance service, emergency medical
service, or both;
(V) For providing for the collection and disposal of
garbage
or refuse, including yard waste;
(W) For the payment of the police officer
employers'
contribution or the firefighter
employers' contribution
required
under sections 742.33 and 742.34 of the Revised Code;
(X) For the construction and maintenance of a drainage
improvement pursuant to section 6131.52 of the Revised Code;
(Y) For providing or maintaining senior citizens services
or
facilities as authorized by section 307.694, 307.85, 505.70, or
505.706 or division (EE) of section 717.01 of the Revised Code;
(Z) For the provision and maintenance of zoological park
services and facilities as authorized under section 307.76 of the
Revised Code;
(AA) For the maintenance and operation of a free public
museum of art, science, or history;
(BB) For the establishment and operation of a 9-1-1
system,
as defined in section 4931.40 of the Revised Code;
(CC) For the purpose of acquiring, rehabilitating, or
developing rail property or rail service. As used in this
division, "rail property" and "rail service" have the same
meanings as in section 4981.01 of the Revised Code. This
division
applies only to a county, township, or municipal
corporation.
(DD) For the purpose of acquiring property for,
constructing, operating, and maintaining community centers as
provided for in section 755.16 of the Revised Code;
(EE) For the creation and operation of an office or joint
office of economic development, for any economic development
purpose of the office, and to otherwise provide for the
establishment and operation of a program of economic development
pursuant to sections 307.07 and 307.64 of the Revised Code;
(FF) For the purpose of acquiring, establishing,
constructing, improving, equipping, maintaining, or operating, or
any combination of the foregoing, a township airport, landing
field, or other air navigation facility pursuant to section
505.15
of the Revised Code;
(GG) For the payment of costs incurred by a township as a
result of a contract made with a county pursuant to section
505.263 of the Revised Code in order to pay all or any part of
the
cost of constructing, maintaining, repairing, or operating a
water
supply improvement;
(HH) For a board of township trustees to acquire, other
than
by appropriation, an ownership interest in land, water, or
wetlands, or to restore or maintain land, water, or wetlands in
which the board has an ownership interest, not for purposes
of
recreation, but for the purposes of protecting and preserving the
natural, scenic, open, or wooded condition of the land, water, or
wetlands against modification or encroachment resulting from
occupation, development, or other use, which may be styled as
protecting or preserving "greenspace" in the resolution, notice of
election,
or ballot form;
(II) For the support by a county of a crime victim
assistance program that is provided and maintained by a county
agency or a private, nonprofit corporation or association under
section 307.62 of the Revised Code;
(JJ) For any or all of the purposes set forth in divisions
(I) and (J) of this section. This division applies only to a
township.
(KK) For a countywide public safety communications system
under section 307.63 of the Revised Code. This division applies
only to counties.
(LL) For the support by a county of criminal justice
services under section 307.45 of the Revised Code;
(MM) For the purpose of maintaining and operating a jail
or
other detention facility as defined in section 2921.01 of the
Revised Code;
(NN) For purchasing, maintaining, or improving, or any
combination of the foregoing, real estate on which to hold
agricultural
fairs. This division applies only to a county.
(OO) For constructing, rehabilitating, repairing, or
maintaining
sidewalks, walkways, trails, bicycle pathways, or
similar improvements, or
acquiring ownership interests in land
necessary for the foregoing
improvements;
(PP) For both of the purposes set forth in divisions (G)
and
(OO) of this section.
(QQ) For both of the purposes set forth in divisions (H) and
(HH) of this section. This division applies only to a township.
(RR) For the legislative authority of a municipal
corporation, board of county commissioners of a county, or board
of township trustees of a township to acquire agricultural
easements, as defined in section 5301.67 of the
Revised Code, and
to supervise and
enforce the easements.
(SS) For both of the purposes set forth in divisions (BB)
and (KK) of this section. This division applies only to a county.
(TT) For the maintenance and operation of a facility that is organized in whole or in part to promote the sciences and natural history under section 307.761 of the Revised Code.
The resolution shall be confined to the
purpose or purposes
described in one division of this section, to which the revenue
derived therefrom shall be applied. The existence in any other
division of this section of authority to levy a tax for any part
or all of the same purpose or purposes does not preclude the use
of such revenues for any part of the purpose or purposes of the
division under which the resolution is adopted.
The resolution shall specify the amount of the increase in
rate that it is necessary to levy, the purpose of that
increase in
rate, and the
number of years during which the increase in rate
shall be in
effect, which may or may not include a levy upon the
duplicate of
the current year. The number of years may be any
number not
exceeding five, except as follows:
(1) When the additional rate is for the payment of debt
charges, the increased rate shall be for the life of the
indebtedness.
(2) When the additional rate is for any of the following,
the
increased rate shall be for a continuing period of time:
(a) For the current expenses for a detention facility
district, a district organized under section 2151.65 of the
Revised Code, or a combined district organized under sections
2151.65 and 2152.41 of the Revised Code;
(b) For providing a county's share of the cost of
maintaining and operating schools, district detention
facilities,
forestry camps, or other facilities, or any combination
thereof,
established under section 2151.65 or 2152.41 of the
Revised Code
or under both of those sections.
(3) When the additional rate is for
either of the
following,
the increased rate may be for a continuing period of
time:
(a) For the purposes set forth in division (I), (J), (U),
or
(KK) of this section;
(b) For the maintenance and operation of a joint
recreation
district.
(4) When the increase is for the purpose
or purposes set
forth in
division (D), (G),
(H), (CC), or (PP) of this section,
the
tax
levy
may be for any
specified number of
years or for a
continuing
period of time, as
set forth in the
resolution.
(5) When the additional rate is for the purpose described
in
division (Z) of this section, the increased rate shall be for
any
number of years not exceeding ten.
A levy for
one of the purposes set forth in division
(G),
(I), (J), or
(U) of this section may be
reduced
pursuant to
section 5705.261 or 5705.31 of the Revised
Code. A
levy for
one
of the purposes set forth in division
(G),
(I), (J), or
(U) of
this section may
also be
terminated
or permanently reduced by the
taxing authority
if it
adopts a
resolution stating that the
continuance of the levy
is
unnecessary
and the levy shall be
terminated or that the
millage
is excessive
and the levy shall be
decreased by a
designated
amount.
A resolution of a detention facility district, a district
organized under section 2151.65 of the Revised Code, or a
combined
district organized under both sections
2151.65 and 2152.41 of the
Revised Code may include both current
expenses and
other purposes,
provided that the resolution shall apportion the
annual rate of
levy between the current expenses and the other
purpose or
purposes. The apportionment need not be the same for
each year of
the levy, but the respective portions of the rate
actually levied
each year for the current expenses and the other
purpose or
purposes shall be limited by the apportionment.
Whenever a board of county commissioners, acting either as
the taxing authority of its county or as the taxing authority of
a
sewer district or subdistrict created under Chapter 6117. of
the
Revised Code, by resolution declares it necessary to levy a
tax in
excess of the ten-mill limitation for the purpose of
constructing,
improving, or extending sewage disposal plants or
sewage systems,
the tax may be in effect for any number of years
not exceeding
twenty, and the proceeds of the tax,
notwithstanding
the general
provisions of this section, may be used to pay debt
charges on any
obligations issued and outstanding on behalf of
the subdivision
for the purposes enumerated in this paragraph,
provided that any
such obligations have been specifically
described in the
resolution.
The resolution shall go into immediate effect upon its
passage, and no publication of the resolution is necessary other
than that provided for in the notice of election.
When the electors of a subdivision have approved a tax levy
under this section, the taxing authority of the subdivision may
anticipate a fraction of the proceeds of the levy and issue
anticipation notes in accordance with section 5705.191 or
5705.193
of the Revised Code.
Sec. 5705.195. Within five days after the resolution is
certified to the county auditor as provided by section 5705.194
of the Revised Code, the auditor shall calculate and certify to
the taxing authority the annual levy, expressed in dollars and
cents for each one hundred dollars of valuation as well as in
mills for each one dollar of valuation, throughout the life of
the levy which will be required to produce the annual amount set
forth in the resolution assuming that the amount of the tax list
of such subdivision remains throughout the life of the levy the
same as the amount of the tax list for the current year, and if
this is not determined, the estimated amount submitted by the
auditor to the county budget commission. Thereupon When considering the tangible personal property component of the tax valuation of the subdivision, the county auditor shall take into account the assessment percentages prescribed in section 5711.22 of the Revised Code. The tax commissioner may issue rules, orders, or instructions directing how the assessment percentages must be utilized.
Upon receiving the certification from the county auditor, if the
taxing authority desires to proceed with the submission of the
question it shall, not less than seventy-five days before the day
of such election, certify its resolution, together with the
amount of the average tax levy, expressed in dollars and cents
for each one hundred dollars of valuation as well as in mills for
each one dollar of valuation, estimated by the auditor, and the
number of years the levy is to run to the board of elections of
the county which shall prepare the ballots and make other
necessary arrangements for the submission of the question to the
voters of the subdivision.
Sec. 5705.211. (A) As used in this section:
(1) "Adjusted charge-off increase" for a tax year means two and three-tenths per cent of the cumulative carryover property value increase.
(2) "Cumulative carryover property value increase" means the sum of the increases in carryover value certified under division (B)(2) of section 3317.015 of the Revised Code and included in a school district's total taxable value in the computation of recognized valuation under division (B) of that section for all fiscal years from the fiscal year that ends in the first tax year a levy under this section is extended on the tax list of real and public utility property until and including the fiscal year that ends in the current tax year.
(3) "Taxes charged and payable" means the taxes charged and payable from a tax levy extended on the real and public utility property tax list and the general list of personal property before any reduction under section 319.302, 323.152, or 323.158 of the Revised Code.
(B) The board of education of a city, local, or exempted village school district may adopt a resolution proposing the levy of a tax in excess of the ten-mill limitation for the purpose of paying the current operating expenses of the district. If the resolution is approved as provided in division (D) of this section, the tax may be levied at such a rate each tax year that the total taxes charged and payable from the levy equals the adjusted charge-off increase for the tax year or equals a lesser amount as prescribed under division (C) of this section. The tax may be levied for a continuing period of time or for a specific number of years, but not fewer than five years, as provided in the resolution. The tax may not be placed on the tax list for a tax year beginning before the first day of January following adoption of the resolution. A board of education may not adopt a resolution under this section proposing to levy a tax under this section concurrently with any other tax levied by the board under this section.
(C) After the first year a tax is levied under this section, the rate of the tax in any year shall not exceed the rate, estimated by the county auditor, that would cause the sums levied from the tax against carryover property to exceed one hundred four per cent of the sums levied from the tax against carryover property in the preceding year. A board of education imposing a tax under this section may specify in the resolution imposing the tax that the percentage shall be less than one hundred four per cent, but the percentage shall not be less than one hundred per cent. At any time after a resolution adopted under this section is approved by a majority of electors as provided in division (D) of this section, the board of education, by resolution, may decrease the percentage specified in the resolution levying the tax.
(D) A resolution adopted under this section shall state that the purpose of the tax is to pay current operating expenses of the district, and shall specify the first year in which the tax is to be levied, the number of years the tax will be levied or that it will be levied for a continuing period of time, and the election at which the question of the tax is to appear on the ballot, which shall be a general or special election consistent with the requirements of section 3501.01 of the Revised Code. If the board of education specifies a percentage less than one hundred four per cent pursuant to division (C) of this section, the percentage shall be specified in the resolution.
Upon adoption of the resolution, the board of education may certify a copy of the resolution to the proper county board of elections. The copy of the resolution shall be certified to the board of elections not later than seventy-five days before the day of the election at which the question of the tax is to appear on the ballot. Upon receiving a timely certified copy of such a resolution, the board of elections shall make the necessary arrangements for the submission of the question to the electors of the school district, and the election shall be conducted, canvassed, and certified in the same manner as regular elections in the school district for the election of members of the board of education. Notice of the election shall be published in one or more newspapers of general circulation in the school district once per week for four consecutive weeks. The notice shall state that the purpose of the tax is for the current operating expenses of the school district, the first year the tax is to be levied, the number of years the tax is to be levied or that it is to be levied for a continuing period of time, that the tax is to be levied each year in an amount estimated to offset decreases in state base cost funding caused by appreciation in real estate values, and that the estimated additional tax in any year shall not exceed the previous year's by more than four per cent, or a lesser percentage specified in the resolution levying the tax, except for increases caused by the addition of new taxable property.
The question shall be submitted as a separate proposition but may be printed on the same ballot with any other proposition submitted at the same election other than the election of officers.
The form of the ballot shall be substantially as follows:
"An additional tax for the benefit of (name of school district) for the purpose of paying the current operating expenses of the district, for .......... (number of years or for continuing period of time), at a rate sufficient to offset any reduction in basic state funding caused by appreciation in real estate values? This levy will permit variable annual growth in revenue up to . . . . .(amount specified by school district) per cent for the duration of the levy.
|
|
For the tax levy |
|
|
|
Against the tax levy |
" |
If a majority of the electors of the school district voting on the question vote in favor of the question, the board of elections shall certify the results of the election to the board of education and to the tax commissioner immediately after the canvass.
(E) When preparing any estimate of the contemplated receipts from a tax levied pursuant to this section for the purposes of sections 5705.28 to 5705.40 of the Revised Code, and in preparing to certify the tax under section 5705.34 of the Revised Code, a board of education authorized to levy such a tax shall use information supplied by the department of education to determine the adjusted charge-off increase for the tax year for which that certification is made. If the board levied a tax under this section in the preceding tax year, the sum to be certified for collection from the tax shall not exceed the sum that would exceed the limitation imposed under division (C) of this section. At the request of the board of education or the treasurer of the school district, the county auditor shall assist the board of education in determining the rate or sum that may be levied under this section.
The board of education shall certify the sum authorized to be levied to the county auditor, and, for the purpose of the county auditor determining the rate at which the tax is to be levied in the tax year, the sum so certified shall be the sum to be raised by the tax unless the sum exceeds the limitation imposed by division (C) of this section. A tax levied pursuant to this section shall not be levied at a rate in excess of the rate estimated by the county auditor to produce the sum certified by the board of education before the reductions under sections 319.302, 323.152, and 323.158 of the Revised Code. Notwithstanding section 5705.34 of the Revised Code, a board of education authorized to levy a tax under this section shall certify the tax to the county auditor before the first day of October of the tax year in which the tax is to be levied, or at a later date as approved by the tax commissioner.
Sec. 5705.34. When the budget commission has completed its
work with respect
to a tax budget
or other information required to
be provided under section 5705.281 of the Revised Code, it shall
certify its action to the taxing authority,
together
with an
estimate by the county auditor of the rate of each tax necessary
to be
levied by the taxing authority within its subdivision or
taxing unit, and what
part thereof is in excess of, and what part
within, the ten-mill tax
limitation. The certification shall also
indicate the date on
which each tax levied by the taxing authority
will expire.
If a taxing authority levies a tax for a fixed sum of money
or to pay debt
charges for the tax year for which the tax budget
is prepared, and
a payment on account of that tax
is payable to
the taxing authority for the tax year
under section 5727.85 or,
5727.86, 5751.21, or 5751.22 of the Revised Code, the county auditor,
when estimating
the rate at which
the tax shall be levied in the current year,
shall estimate the rate necessary
to raise the required sum less
the estimated amount of any payments made for
the tax year to a
taxing unit for fixed-sum levies under those sections
5727.85 and
5727.86 of the
Revised Code. The estimated rate shall be the rate
of the
levy that the budget commission certifies with its action
under this
section.
Each taxing authority, by ordinance or resolution, shall
authorize the necessary tax levies and certify them to the county
auditor
before the first day of October in each year, or at such
later date as is
approved by the tax commissioner, except that the
certification by a board of
education shall be made by the first
day of April or at such later date as is
approved by the
commissioner, and except that a township board of park
commissioners that is appointed by the board of township trustees
and oversees
a township park district that contains only
unincorporated territory shall
authorize only those taxes approved
by, and only at the rate approved by, the
board of township
trustees as required by division (C) of section 511.27 of
the
Revised Code. If the levying of a tax to be placed on the
duplicate of
the current year is approved by the electors of the
subdivision under sections
5705.01 to 5705.47 of the Revised Code;
if the rate of a school district tax
is increased due to the
repeal of a school district income tax and property
tax rate
reduction at an election held pursuant to section 5748.04 of the
Revised Code; or if refunding bonds to refund all or a part of the
principal
of bonds payable from a tax levy for the ensuing fiscal
year are issued or
sold and in the process of delivery, the budget
commission shall reconsider
and revise its action on the budget of
the subdivision or school library
district for whose benefit the
tax is to be levied after the returns of such
election are fully
canvassed, or after the issuance or sale of such refunding
bonds
is certified to it.
Sec. 5709.08. (A)(1) Real or personal property belonging to the state or United
States used exclusively for a public purpose, and public property used
exclusively for a public purpose, shall be exempt from taxation. Real
(2) For purposes of division (A)(1) of this section, real and personal property owned by the state, even when the property is leased or otherwise operated by a private party, and used as public service facilities described in section 1501.07 of the Revised Code, as concessions or other special projects described in division (F) of section 1531.06 of the Revised Code, as refuge harbors or marine recreational facilities described in section 1547.72 of the Revised Code, or areas described in section 1503.03 of the Revised Code, is hereby declared to be public property "used exclusively for a public purpose."
(B) Real and
personal property, when devoted to public use and not held for pecuniary
profit, owned by an adjoining state or any political subdivision or agency of
such adjoining state, which would be exempt from taxation if owned by the
state
of Ohio or a political subdivision or agency thereof, shall be exempt from
taxation providing that such adjoining state exempts from taxation real and
personal property devoted to public use and not held for pecuniary profit,
owned by the state of Ohio or any political subdivision or agency thereof,
which would be exempt from taxation if owned by the adjoining state or
political subdivision or agency thereof.
Sec. 5709.081. (A) Real and tangible personal property
owned by a political subdivision that is a public recreational
facility for athletic events shall be exempt from taxation if all
of the following apply:
(1) The property is controlled and managed by a political
subdivision or a county-related corporation or by a similar
corporation under the direct control of a political subdivision
and whose members and trustees are chosen or appointed by the
subdivision;
(2) All revenues and receipts derived by the subdivision
or
corporation that controls and manages the property, after
deducting amounts needed to pay necessary expenses for the
operation and management of the property, accrue to the political
subdivision owning the property;
(3) The property is not occupied and used for more than
seven days in any calendar month by any private entity for profit
or for more than a total of fifteen days in any calendar month by
all such private entities for profit;
(4) The property is under the direction and control of the
political subdivision or managing corporation whenever it is
being
used by a private entity for profit;
(5) The primary user or users of the property, if such a
primary user exists, are controlled and managed by the political
subdivision or corporation that controls and manages the
property.
(B) Tangible personal property, and all buildings,
structures, fixtures, and improvements, and fixtures of any kind on to the land,
that are constructed or, in the case of personal property,
acquired after March 2,
1992, and are part of or used in a public
recreational facility used
by a major league professional athletic
team
or a class A to class AAA minor league affiliate of a major
league baseball team for a significant
portion of its home
schedule,
and land acquired by a political subdivision in 1999 for
such purposes or originally leased from a political subdivision, such political subdivision qualifying as such pursuant to division (G) of this section, in 1998 for such purposes, are
declared to be public property
used for a
public purpose and are
exempt from taxation, if all of
the
following apply:
(1) Such property, or the land upon which such property is located if such land was originally leased in 1998 from a political subdivision that qualifies as such pursuant to division (G) of this section, is owned by one or more political
subdivisions or by a corporation controlled by such subdivisions;
(2) Such property was or is any of the following:
(a) Constructed or, in the case of personal property,
acquired pursuant to an agreement with a municipal corporation to
implement a development, redevelopment, or renewal plan for an
area declared by the municipal corporation to be a slum or
blighted area, as those terms are defined in section 725.01 of
the
Revised Code;
(b) Financed in whole or in part with public obligations
as
defined in section 5709.76 of the Revised Code
or otherwise paid
for in whole or in part by one or more political subdivisions;
(c) An improvement or addition to property defined in
division (B)(2)(a) or (b) of this section.
(3) Such property is controlled and managed by
either of
the following:
(a) One or more
of the political subdivisions or the
corporation that owns it;
(b) A designee, tenant, or agent of such political
subdivision or
subdivisions or corporation pursuant to a
management, lease, or
similar
written agreement.
(4) The primary user or users of such property, if a
primary
user or primary users exist,
either:
(a)
Are controlled and managed by one or more of the
political subdivisions or the corporation that owns the property;
or
(b)
Operate under leases, licenses, management
agreements,
or
similar arrangements with, and providing for the
payment of
rents,
revenues, or other remuneration to, one or more
of the
political
subdivisions or the corporation that owns the
property.
(5) Any residual cash accrues to the political subdivision
or subdivisions that own the property or that control the
corporation that owns the property, and is used for the public
purposes of the subdivision or subdivisions. As used in division
(B)(5) of this section, "residual cash" means any revenue and
receipts derived from the property by the political subdivision
or
subdivisions or corporation that owns the property and that
are
available for unencumbered use by the political subdivision
or
subdivisions or corporation, after deducting amounts needed to
make necessary expenditures, pay debt service, and provide for
working capital related to the ownership, management, operation,
and use of the property, including payments of taxes on the
taxable part of the public recreational facility, contractually
obligated payments or deposits into reserves or otherwise, and
service payments under section 307.699 of the Revised Code.
(C) The exemption provided in division (B) of this section
also applies to both of the following:
(1) The property during its construction or, in the case
of
tangible personal property, acquisition during the
construction
period, if the owner meets the condition of division
(B)(1) of
this section and has agreements that provide for the
satisfaction
of all other conditions of division (B) of this
section upon the
completion of the construction;
(2) Any improvement or addition made after March 2,
1992, to
a
public recreational
facility that was constructed before March
2, 1992,
as long as all other
conditions in
division (B) of this
section are met.
(D) A corporation that owns property exempt from taxation
under division (B) of this section is a public body for the
purposes of section 121.22 of the Revised Code. The
corporation's
records are public records for the purposes of
section 149.43 of
the Revised Code, except records related to
matters set forth in
division (G) of section 121.22 of the
Revised Code and records
related to negotiations that are not yet
completed for financing,
leases, or other agreements.
(E) The exemption under division (B) of this section
applies
to property that is owned by the political subdivision or
subdivisions or the corporation that owns the public recreational
facility. Tangible personal property owned by users, managers,
or
lessees of the facility is taxable when used in the public
recreational facility.
(F) Nothing in this section or in any
other section of the
Revised Code prohibits or otherwise
precludes an agreement between
a political subdivision, or a
corporation controlled by a
political subdivision, that owns or
operates a public recreational
facility that is exempted from
taxation under division (A) or
(B)
of this section and the board of education of a school
district or
the legislative authority of a municipal corporation, or both, in
which all or a part of that facility is located,
providing for
payments to the school district or municipal corporation, or
both,
in lieu of taxes that otherwise would be charged against real and
tangible personal property exempted from taxation under this
section, for
a period of time and under such terms and conditions
as the
legislative authority of the political subdivision and the
board
of education or municipal legislative authority, or both,
may agree, which
agreements are hereby specifically authorized.
(G) As used in this section, "political subdivision" includes the state or an agency of the state if the city, local, or exempted village school district in which the property is situated expressly consents to exempting the property from taxation.
Sec. 5709.40. (A) As used in this section:
(1)
"Blighted area" and "impacted city" have the same
meanings as in section 1728.01 of the Revised Code.
(2)
"Business day" means a day of the week excluding
Saturday,
Sunday, and a legal holiday as defined under section
1.14 of the Revised Code.
(3) "Housing renovation" means a project carried out for
residential purposes.
(4)
"Improvement" means
the increase in the assessed
value
of
any real
property that would first appear on
the
tax
list and
duplicate of real and public utility property
after the
effective
date of an ordinance adopted
under this section were it
not for the
exemption
granted
by that ordinance.
(5) "Incentive district" means an area not more than three
hundred acres in size enclosed by a continuous boundary in which a project is being, or will be, undertaken and
having
one or more of the following distress characteristics:
(a) At least fifty-one per cent of the residents of the
district have incomes of less than eighty per cent of the median
income of residents of the political subdivision in which the
district 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;
(b) The average rate of unemployment in the district during
the most recent twelve-month period for which data are available
is equal to at least one hundred fifty per cent of the average
rate of unemployment for this state for the same period.
(c) At least twenty per cent of the people residing in the
district live at or below the poverty level as defined in the
federal Housing and Community Development Act of 1974, 42 U.S.C.
5301, as amended, and regulations adopted pursuant to that act.
(d) The district is a blighted area.
(e) The district is in a situational distress area as
designated by the director of development under division (F) of
section 122.23 of the Revised Code.
(f) As certified by the engineer for the political
subdivision, the public infrastructure serving the district is
inadequate to meet the development needs of the district as
evidenced by a written economic
development plan or urban renewal
plan for the district that has been adopted by the legislative
authority of the
subdivision.
(g) The district is comprised entirely of unimproved land
that is located in a distressed area as defined in section 122.23
of the Revised Code.
(6) "Project" means development activities undertaken on one
or more
parcels, including, but not limited to, construction,
expansion,
and
alteration of buildings or structures, demolition,
remediation, and site
development, and any building or structure
that results from those
activities.
(7) "Public infrastructure improvement" includes, but is not
limited to,
public roads and highways; water and sewer lines;
environmental
remediation; land acquisition, including acquisition
in aid of industry, commerce, distribution, or research;
demolition, including demolition on private property when
determined to be necessary for economic development purposes;
stormwater and flood remediation projects, including such
projects on private property when determined to be necessary for
public health, safety, and welfare; the provision of
gas,
electric, and communications service facilities; and the
enhancement of public waterways through improvements that allow
for greater public access. "Public infrastructure improvement" does not include police or fire equipment.
(B) The legislative authority of a municipal
corporation, by
ordinance, may declare improvements to
certain parcels of
real
property
located in the municipal corporation to be a
public
purpose.
Improvements with respect to a parcel that is used or to
be used for residential
purposes
may be
declared a public purpose
under this
division only
if
the parcel is
located in a blighted
area of an impacted city.
Except as
otherwise provided in with the approval under
division
(D) of
this
section of the board of education of each city, local, or exempted village school district within which the improvements are located, not more than seventy-five per cent
of an
improvement
thus declared to be a public purpose may be
exempted
from real
property taxation for a period of not more than ten years. The ordinance shall specify the
percentage of the
improvement to be exempted from taxation and the life of the exemption.
An ordinance adopted or amended under this division shall
designate the specific public infrastructure improvements made, to
be made, or in
the process of being made by the municipal
corporation that
directly benefit, or that once made will directly
benefit, the parcels for which improvements are declared to be a
public purpose.
The service payments provided for in section 5709.42
of the
Revised Code shall be used to finance the public
infrastructure improvements
designated in the ordinance or, for the
purpose described in
division (D)(1) of this section or as provided in section 5709.43 of the Revised Code.
(C)(1) The legislative authority of a municipal corporation may
adopt an ordinance creating an incentive district and declaring
improvements to parcels within the district to be a public purpose
and, except as provided in division (F) of this section, exempt from taxation as provided in this section, but no legislative authority of a municipal corporation that has a population that exceeds twenty-five thousand, as shown by the most recent federal decennial census, shall adopt an ordinance that creates an incentive district if, as a result of adopting the ordinance, more than the sum of the taxable value of real property in the proposed district for the preceding tax year and the taxable value of all real property in the municipal corporation that would have been taxable in the preceding year were it not for the fact that the property was in an existing incentive district and therefore exempt from taxation exceeds twenty-five per cent of the municipal corporation's taxable value, as of the first day of January of the year in which the ordinance takes effect, is subject to an exemption because of an incentive district. The twenty-five per cent limitation does not apply to an incentive district that was created by an ordinance adopted prior to January 1, 2006, unless the legislative authority creates an additional incentive district after that date taxable value of real property in the municipal corporation for the preceding tax year. The
ordinance shall delineate the boundary of the district and
specifically identify each parcel within the district. A district
may not include any parcel that is or has been exempted from
taxation under division (B) of this section or that is or has been
within another district created under this division. An
ordinance may create more than one such district, and
more than
one ordinance may be adopted under division (C)(1) of this section.
(2) Not later than thirty days prior to adopting an ordinance under division (C)(1) of this section, if the municipal corporation intends to apply for exemptions from taxation under section 5709.911 of the Revised Code on behalf of owners of real property located within the proposed incentive district, the legislative authority of a municipal corporation shall conduct a public hearing on the proposed ordinance. Not later than thirty days prior to the public hearing, the legislative authority shall give notice of the public hearing and the proposed ordinance by first class mail to every real property owner whose property is located within the boundaries of the proposed incentive district that is the subject of the proposed ordinance.
(3)(a) An
ordinance adopted under division (C)(1) of this section shall specify the life of
the incentive
district and the percentage of the improvements to be exempted,
shall designate the public infrastructure improvements made,
to be made, or in the process of being made,
that
benefit or serve, or, once made, will benefit or serve parcels in the district.
The ordinance also shall identify one or more specific projects being, or to be, undertaken in the district that place additional demand on the public infrastructure improvements designated in the ordinance. The project identified may, but need not be, the project under division (C)(3)(b) of this section that places real property in use for commercial or industrial purposes. Except as otherwise permitted under that division, the service
payments
provided for in section 5709.42 of the Revised
Code shall
be used
to finance the designated public infrastructure
improvements or, for the
purpose
described in division (D)(1) or (E) of
this section, or as provided in section 5709.43 of the Revised Code.
An ordinance adopted under division (C)(1) of this section on or after the effective date of this amendment shall not designate police or fire equipment as public infrastructure improvements, and no service payment provided for in section 5709.42 of the Revised Code and received by the municipal corporation under the ordinance shall be used for police or fire equipment.
(b) An ordinance adopted under division (C)(1) of this section may authorize the
use of service payments provided for in section 5709.42 of the
Revised Code for the purpose of housing renovations within the incentive
district, provided that the ordinance also designates public
infrastructure improvements that benefit or serve the district,
and that a project within the district places real property in use
for commercial or industrial purposes. Service payments may be
used to finance or support loans, deferred loans, and grants to
persons for the purpose of housing renovations within the
district. The ordinance shall
designate the parcels within the
district that are eligible for
housing renovation. The ordinance
shall state separately the
amounts or the percentages of the
expected aggregate service
payments that are designated for each
public infrastructure
improvement and for the general purpose of
housing renovations.
(4) Except with
the
approval of the board of education of each
city, local, or
exempted village school district within the
territory of which the incentive
district is or will be located, and subject to division (E) of this section, the life of
an incentive district shall not
exceed ten years, and the percentage of
improvements to be
exempted shall not exceed seventy-five per
cent. With
approval of the board of education, the life of a district may be not more
than thirty
years, and the percentage of improvements to be
exempted may be
not more than one hundred per cent. The approval
(5) Approval of a board of education shall be obtained in the
manner provided in division (D) of this section for exemptions
under division (B) of this section, except that the notice to the
board of education shall delineate the boundaries of the district,
specifically identify each parcel within the district, identify
each anticipated improvement in the district, provide an estimate
of the true value in money of each such improvement, specify the
life of the district and the percentage of improvements that would
be exempted, and indicate the date on which the legislative
authority intends to adopt the ordinance.
(D)(1) If the ordinance declaring
improvements to a
parcel
to be a public purpose
or creating an incentive district specifies
that
payments in lieu of
taxes
provided for in section 5709.42 of
the Revised Code
shall be
paid
to the city, local, or exempted
village school district in
which
the parcel or incentive district
is located in the
amount of the taxes that would
have
been payable to the
school
district if the improvements had
not
been exempted from taxation,
the
percentage of the improvement
that may be exempted from
taxation may exceed
seventy-five per
cent, and the exemption may
be granted for up to thirty
years,
without the
approval of the
board of education as otherwise
required under division
(D)(2)
of
this section.
(2) Improvements
with respect to a parcel may be exempted
from taxation
under division (B) of this section, and improvements to parcels within an incentive district may be exempted from taxation under division (C) of this section, for up to
ten
years or, with the
approval under this paragraph of the board
of
education of the
city, local, or exempted village school
district
within
which the
parcel or district is
located, for up to thirty years. The
percentage of the
improvement exempted from taxation may, with
such approval,
exceed
seventy-five per cent, but shall not exceed
one hundred
per cent.
Not later than forty-five business days
prior
to
adopting
an
ordinance under this section
declaring
improvements to
be a public
purpose that is subject to approval by a board of education under this division, the legislative authority
shall
deliver to
the board of
education a notice stating its
intent to
adopt an ordinance making
that declaration. The
notice regarding improvements with respect to a parcel under division (B) of this section
shall
identify the
parcels for which improvements are to be
exempted from taxation, provide an
estimate of the true value in
money of the improvements, specify
the period for
which the
improvements would be exempted from
taxation and the percentage of
the improvement that would be
exempted, and indicate
the date on
which the legislative
authority intends to
adopt the ordinance. The notice regarding improvements to parcels within an incentive district under division (C) of this section shall delineate the boundaries of the district, specifically identify each parcel within the district, identify each anticipated improvement in the district, provide an estimate of the true value in money of each such improvement, specify the life of the district and the percentage of improvements that would be exempted, and indicate the date on which the legislative authority intends to adopt the ordinance.
The board of education,
by resolution
adopted by a majority of the
board, may approve the
exemption for
the period or for the
exemption percentage specified
in the
notice,; may disapprove the
exemption for the number of
years in
excess of ten, may disapprove
the exemption for the
percentage of
the improvement to be exempted
in excess of
seventy-five per
cent, or both,; or may approve the
exemption on
the condition that
the legislative authority and the
board
negotiate an agreement
providing for compensation to the
school
district equal in value
to a percentage of the amount of
taxes
exempted in the eleventh
and subsequent years of the
exemption
period or, in the case of
exemption percentages in
excess of
seventy-five per cent,
compensation equal in value to a
percentage
of the taxes that
would be payable on the portion of
the
improvement in excess of
seventy-five per cent were that
portion
to be subject to
taxation, or other mutually agreeable compensation. The
(3) The board of education shall
certify
its resolution to
the legislative authority not later than
fourteen days prior to
the date the legislative authority intends
to adopt the ordinance
as indicated in the notice. If the board of
education and the
legislative authority negotiate a mutually
acceptable
compensation agreement, the ordinance may declare the
improvements a public purpose for the number of years specified
in
the ordinance or, in the case of exemption percentages in
excess
of seventy-five per cent, for the exemption percentage
specified
in the ordinance. In either case, if the board and the
legislative authority fail to negotiate a mutually acceptable
compensation agreement, the ordinance may declare the
improvements
a public purpose for not more than ten years, but and
shall not exempt
more than seventy-five per cent of the
improvements from taxation. If the board
fails to certify a
resolution
to the legislative authority within
the time
prescribed by this
division, the legislative authority
thereupon
may adopt the
ordinance and may declare the improvements
a public
purpose for up
to thirty years, or, in the case of
exemption
percentages proposed
in excess of seventy-five per cent,
for the
exemption percentage
specified in the ordinance. The
legislative authority may adopt
the ordinance at any time after
the board of education certifies
its resolution approving the
exemption to the legislative
authority, or, if the board
approves
the exemption on the
condition that a mutually
acceptable
compensation agreement be
negotiated, at any time
after the
compensation agreement is agreed
to by the board and
the
legislative authority.
(3)(4) If a board of education has adopted a resolution waiving
its right to approve exemptions from taxation under this section and the resolution
remains in effect, approval of exemptions by the
board is not
required under this division (D) of this section. If a board of
education has adopted
a resolution allowing a legislative
authority to deliver the
notice required under division
(D)(2) of this section fewer than forty-five business
days prior to the legislative
authority's adoption of the
ordinance, the legislative authority shall deliver
the notice to
the board not later than
the number of days prior to such adoption
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.
(4)(5) If the legislative authority is not required by
division
(D)(1), (2), or (3) of this
section to notify the
board of
education
of the legislative authority's intent to declare
improvements to
be a public purpose, the legislative authority
shall comply with
the notice requirements imposed 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.
(E)(1) If a proposed ordinance under division (C)(1) of this section exempts improvements with respect to a parcel within an incentive district for more than ten years, or the percentage of the improvement exempted from taxation exceeds seventy-five per cent, not later than forty-five business days prior to adopting the ordinance the legislative authority of the municipal corporation shall deliver to the board of county commissioners of the county within which the incentive district is or will be located a notice that states its intent to adopt an ordinance creating an incentive district. The notice shall include a copy of the proposed ordinance, identify the parcels for which improvements are to be exempted from taxation, provide an estimate of the true value in money of the improvements, specify the period of time for which the improvements would be exempted from taxation, specify the percentage of the improvements that would be exempted from taxation, and indicate the date on which the legislative authority intends to adopt the ordinance.
(2) The board of county commissioners, by resolution adopted by a majority of the board, may object to the exemption for the number of years in excess of ten, may object to the exemption for the percentage of the improvement to be exempted in excess of seventy-five per cent, or both, or may accept either or both exemptions. If the board of county commissioners objects, the board may negotiate an a mutually acceptable compensation agreement with the legislative authority that provides. In no case shall the compensation provided to the board exceed the property taxes foregone due to the exemption. If the board of county commissioners objects, and the board and legislative authority fail to negotiate a mutually acceptable compensation agreement, the ordinance adopted under division (C)(1) of this section shall provide to the board compensation in the eleventh and subsequent years of the exemption period compensation equal in value to not more than fifty per cent of the taxes that would be payable to the county or, if the board's objection includes an objection to an exemption percentage in excess of seventy-five per cent, compensation equal in value to not more than fifty per cent of the taxes that would be payable to the county, on the portion of the improvement in excess of seventy-five per cent, were that portion to be subject to taxation. The board of county commissioners shall certify its resolution to the legislative authority not later than thirty days after receipt of the notice.
(3) If the board of county commissioners does not object or fails to certify its resolution objecting to an exemption within thirty days after receipt of the notice, the legislative authority may adopt the ordinance, and no compensation shall be provided to the board of county commissioners. If the board timely certifies its resolution objecting to the ordinance, the legislative authority may adopt the ordinance at any time after the a mutually acceptable compensation agreement is agreed to by the board and the legislative authority, or, if no compensation agreement is negotiated, at any time after the legislative authority agrees in the proposed ordinance to provide compensation to the board of fifty per cent of the taxes that would be payable to the county in the eleventh and subsequent years of the exemption period or on the portion of the improvement in excess of seventy-five per cent, were that portion to be subject to taxation.
(F) Any of the following property tax levies that are enacted Service payments in lieu of taxes that are attributable to any amount by which the effective tax rate of either a renewal levy with an increase or a replacement levy exceeds the effective tax rate of the levy renewed or replaced, or that are attributable to an additional levy, for a levy authorized by the voters for any of the following purposes on or after January 1, 2006, and after the date which are provided pursuant to an ordinance creating an incentive district under division (C)(1) of this section that is adopted on or after January 1, 2006, under division (C)(1) of this section shall be levied on property that was exempted from taxation distributed to the appropriate taxing authority as required under division (C) of section 5709.42 of the Revised Code in an amount equal to the amount of taxes from that additional levy or from the increase in the effective tax rate of such renewal or replacement levy that would have been payable to that taxing authority from the following levies were it not for the exemption authorized under division (C) of this section, and revenues collected from such levies shall not be used to provide service payments under this section:
(1) A tax levied under division (L) of section 5705.19 or section 5705.191 of the Revised Code for community mental retardation and developmental disabilities programs and services pursuant to Chapter 5126. of the Revised Code;
(2) A tax levied under division (Y) of section 5705.19 of the Revised Code for providing or maintaining senior citizens services or facilities;
(3) A tax levied under section 5705.22 of the Revised Code for county hospitals;
(4) A tax levied by a joint-county district or by a county under section 5705.19, 5705.191, or 5705.221 of the Revised Code for alcohol, drug addiction, and mental health services or facilities;
(5) A tax levied under section 5705.23 of the Revised Code for library purposes;
(6) A tax levied under section 5705.24 of the Revised Code for the support of children services and the placement and care of children;
(7) A tax levied under division (Z) of section 5705.19 of the Revised Code for the provision and maintenance of zoological park services and facilities under section 307.76 of the Revised Code;
(8) A tax levied under section 511.27 or division (H) of section 5705.19 of the Revised Code for the support of township park districts;
(9) A tax levied under division (A), (F), or (H) of section 5705.19 of the Revised Code for parks and recreational purposes of a joint recreation district organized pursuant to division (B) of section 755.14 of the Revised Code;
(10) A tax levied under section 1545.20 or 1545.21 of the Revised Code for park district purposes;
(11) A tax levied under section 5705.191 of the Revised Code for the purpose of making appropriations for public assistance; human or social services; public relief; public welfare; public health and hospitalization; and support of general hospitals;
(12) A tax levied under section 3709.29 of the Revised Code for a general health district program.
(G) An exemption
from taxation granted under this
section
commences
with the tax year specified in the
ordinance so long as the year specified in the ordinance commences after the effective date of the ordinance. If the ordinance specifies a year commencing before the effective date of the resolution or specifies no year whatsoever, the exemption commences with the tax year in which an exempted improvement first appears on the tax list and duplicate of real and public utility property and that commences after the effective date of the ordinance.
Except
as otherwise provided in this division, the
exemption ends
on the
date specified in the ordinance as the
date
the improvement
ceases
to be a public purpose
or the incentive
district expires,
or
ends
on the date on
which
the public
infrastructure
improvements
and
housing renovations are paid in
full from the
municipal
public
improvement tax increment
equivalent fund
established
under
division (A) of section 5709.43
of the Revised
Code,
whichever
occurs first. The exemption of an improvement
with respect to a
parcel or within an incentive district
may end on a later date, as
specified in
the ordinance, if
the
legislative authority and the
board of
education of the city,
local, or exempted village school
district
within
which the
parcel or district is
located have entered into a
compensation agreement
under
section
5709.82 of the Revised Code
with respect to the
improvement
or
district, and
the board of
education has approved
the term of
the
exemption
under division
(D)(2) of this section,
but in
no case shall
the improvement be
exempted
from taxation for
more
than thirty
years.
Exemptions
shall be claimed and
allowed
in the same
manner as in the case of
other real property
exemptions. If an
exemption status changes
during a year, the
procedure for the
apportionment of the taxes
for that year is the
same as in the
case of other changes in tax
exemption status
during the year.
(H)
Additional
municipal financing of
public
infrastructure
improvements
and
housing renovations may be
provided by
any
methods that the
municipal corporation may
otherwise use for
financing such
improvements or renovations. If the municipal
corporation issues
bonds or notes
to finance the public
infrastructure improvements
and housing
renovations and pledges
money from the municipal
public
improvement tax increment
equivalent fund to pay the
interest on
and principal of the bonds
or notes, the bonds or
notes are not
subject to Chapter 133. of
the Revised Code.
(I) The municipal corporation, not later than fifteen
days
after the adoption of
an ordinance
under this section, shall
submit to the director of
development a
copy of the ordinance. On
or before the
thirty-first day of
March
of each year, the
municipal corporation
shall submit a status
report to the director
of development. The report shall indicate, in the manner
prescribed by
the director, the progress of
the project during
each year that
an exemption remains in
effect, including a
summary of the
receipts from service payments in lieu of taxes;
expenditures of
money from the funds created under section 5709.43
of the Revised
Code; a description of the public infrastructure
improvements and
housing renovations financed with such
expenditures; and a
quantitative summary of changes in employment
and private
investment resulting from each project.
(J) Nothing in this section shall be construed to prohibit a
legislative authority from declaring to be a public purpose
improvements with respect to more than one parcel.
Sec. 5709.42. (A) A municipal corporation that has declared an
improvement to be a public purpose under section 5709.40 or
5709.41 of the Revised Code may require the owner of any
structure located on the parcel to make annual service payments
in lieu of taxes to the county treasurer on or before the final
dates for payment of real property taxes. Each such payment
shall be charged and collected in the same manner and in the same
amount as the real property taxes that would have been charged
and payable against the improvement if it were not exempt from
taxation. If any reduction in the levies otherwise applicable to
such exempt property is made by the county budget commission
under section 5705.31 of the Revised Code, the amount of the
service payment in lieu of taxes shall be calculated as if such
reduction in levies had not been made.
(B) Moneys collected as service payments in lieu of taxes shall
be distributed at the same time and in the same manner as real
property tax payments. However, subject to division (C) of this section or section 5709.913 of the Revised Code, the entire amount so collected
shall be distributed to the municipal corporation in which the
improvement is located. If an ordinance adopted under section 5709.40 or
5709.41 of the
Revised Code
specifies that service payments shall be paid to the city,
local, or exempted village school district in which the improvements are
located, the county treasurer shall distribute the portion of the service
payments to that school district in an amount equal to the property tax
payments the school district would have received from the portion of the
improvements exempted from taxation had the improvements not been exempted, as
directed in the ordinance. The treasurer shall maintain a record
of
the service payments in lieu of taxes made from property in each
municipal corporation.
(C) If annual service payments in lieu of taxes are required under this section, the county treasurer shall distribute to the appropriate taxing authorities the portion of the service payments that represents payments required under division (F) of section 5709.40 of the Revised Code.
(D) Nothing in this section or section 5709.40 or 5709.41 of
the Revised Code affects the taxes levied against that portion of
the value of any parcel of property that is not exempt from
taxation.
Sec. 5709.43. (A) A municipal corporation that grants a
tax
exemption under section 5709.40 of the Revised Code shall
establish a municipal public improvement tax increment equivalent
fund into which shall
be deposited service payments in lieu of
taxes distributed to the
municipal corporation
under
section
5709.42 of the Revised Code.
If the legislative authority of the
municipal
corporation has adopted an ordinance under division (C)
of section
5709.40 of the Revised Code, the municipal corporation
shall
establish at least one account in that fund with respect to
ordinances adopted under division (B) of that section, and one
account with respect to each incentive district created in an ordinance
adopted under division (C) of that section. If an ordinance
adopted under division (C) of section 5709.40 of the Revised Code
also authorizes the use of service payments for housing
renovations within the district, the municipal corporation shall
establish separate accounts for the service payments designated
for public infrastructure improvements and for the service
payments authorized for the purpose of housing renovations. Money
in
an account
of
the municipal public improvement tax
increment
equivalent fund
shall be used to finance the
public
infrastructure improvements
designated in, or the housing
renovations authorized by, the ordinance
with respect to which
the account is established;
in the case
of an account established
with respect to an ordinance
adopted
under division (C) of that
section, money in the account
shall be
used to finance the public
infrastructure improvements
designated, or the housing renovations
authorized, for each incentive
district created in the ordinance. Money in
an account shall not
be
used to finance or support housing
renovations that take place
after the incentive district has expired. The
municipal corporation also
may
deposit into
any of those accounts
municipal income tax revenue
that has
been
designated by
ordinance to finance
the
public
infrastructure improvements
and
housing renovations.
(B) A municipal corporation may establish an urban
redevelopment tax increment equivalent fund, by resolution or
ordinance of its legislative authority, into which shall be
deposited service payments in lieu of taxes distributed to the
municipal corporation by the county treasurer as provided in
section 5709.42 of the Revised Code for improvements exempt from
taxation pursuant to an ordinance adopted under section 5709.41 of the
Revised Code. Moneys deposited in the urban redevelopment tax
increment equivalent fund shall be used for such purposes as are
authorized in the resolution or ordinance establishing the fund.
The municipal corporation also may deposit into the urban
redevelopment tax increment equivalent fund municipal income tax
revenue that has been dedicated to fund any of the purposes for
which the fund is established.
(C)(1)(a) A municipal corporation also may distribute money in
the
municipal public improvement tax increment equivalent fund or
the
urban redevelopment tax increment equivalent fund to any
school
district in which the exempt property is located, in an
amount not
to exceed the amount of real property taxes that such
school
district would have received from the improvement if it
were not
exempt from taxation, or use money in either or both funds to
finance
specific public improvements benefiting the school
district. The resolution
or ordinance
establishing the fund shall
set forth the percentage of such
maximum amount that will be
distributed to any affected school
district or used to finance
specific public improvements benefiting the school
district.
(b) A municipal corporation also may distribute money in the municipal public improvement tax increment equivalent fund or the urban redevelopment tax increment equivalent fund as follows:
(i) To a board of county commissioners, in the amount that is owed to the board pursuant to division (E) of section 5709.40 of the Revised Code;
(ii) To a county in accordance with section 5709.913 of the Revised Code.
(2) Money from an account in a municipal public improvement tax increment equivalent fund or from an urban redevelopment tax increment equivalent fund may be distributed under division (C)(1)(b) of this section, regardless of the date a resolution or an ordinance was adopted under section 5709.40 or 5709.41 of the Revised Code that prompted the establishment of the account or the establishment of the urban redevelopment tax increment equivalent fund, even if the resolution or ordinance was adopted prior to the effective date of this amendment.
(D) Any incidental surplus remaining in the municipal
public
improvement tax increment equivalent fund
or an account of that
fund, or
in the urban
redevelopment tax increment equivalent fund,
upon
dissolution
of the account or fund shall be transferred
to
the
general fund of the municipal
corporation.
Sec. 5709.73. (A) As used in this section and section
5709.74 of the Revised Code:
(1) "Business day" means a day of the week excluding
Saturday, Sunday, and a legal holiday as defined in section 1.14
of the
Revised Code.
(2) "Further improvements" or
"improvements" means the
increase in the assessed value of
real property
that
would first appear
on the tax list and duplicate of real and
public utility property
after
the effective date of a resolution
adopted under
this section
were it not for the exemption granted
by
that resolution.
For purposes of
division (B) of this section,
"improvements" do not include any
property used or to be used for
residential
purposes.
(3) "Housing renovation" means a project carried out for
residential purposes.
(4) "Incentive district" has the same meaning as in section
5709.40 of the Revised Code, except that a blighted area is in the
unincorporated area of a township.
(5) "Project" and "public infrastructure improvement" have
the same meanings as in section 5709.40 of the Revised Code.
(B) A board of township trustees may, by unanimous
vote,
adopt a resolution that declares to be a public purpose any
public
infrastructure
improvements made that are necessary for the
development
of
certain parcels of land located in the
unincorporated area of
the
township. Except as otherwise provided
in with the approval under division
(D) of
this section of the board of education of each city, local, or exempted village school district within which the improvements are located, the resolution may
exempt from
real
property
taxation not more than seventy-five per
cent of
further
improvements to a parcel of land that directly
benefits
from
the
public
infrastructure improvements, for a period of not more than ten years. The resolution shall specify the
percentage of the
further improvements to be exempted and the life of the exemption.
(C)(1) A board of township trustees may adopt, by unanimous
vote, a resolution creating an incentive district and declaring
improvements to parcels within the district to be a public purpose
and, except as provided in division (F) of this section, exempt from taxation as provided in this section, but no board of township trustees of a township that has a population that exceeds twenty-five thousand, as shown by the most recent federal decennial census, shall adopt a resolution that creates an incentive district if, as a result of adopting the resolution, more than the sum of the taxable value of real property in the proposed district for the preceding tax year and the taxable value of all real property in the township that would have been taxable in the preceding year were it not for the fact that the property was in an existing incentive district and therefore exempt from taxation exceeds twenty-five per cent of the township's taxable value, as of the first day of January of the year in which the resolution takes effect, is subject to exemption because of an incentive district. The twenty-five per cent limitation does not apply to an incentive district that was created by a resolution adopted prior to January 1, 2006, unless the board creates an additional incentive district after that date taxable value of real property in the township for the preceding tax year. The
district shall be located within the unincorporated area of the
township and shall not include any territory that is included
within a district created under division (B) of section 5709.78 of
the Revised Code. The resolution shall delineate the boundary of
the district and specifically identify each parcel within the
district. A district may not include any parcel that is or has
been exempted from taxation under division (B) of this section or
that is or has been within another district created under this
division. A resolution may create more than one district,
and more than one resolution may be adopted under division (C)(1) of this section.
(2) Not later than thirty days prior to adopting a resolution under division (C)(1) of this section, if the township intends to apply for exemptions from taxation under section 5709.911 of the Revised Code on behalf of owners of real property located within the proposed incentive district, the board shall conduct a public hearing on the proposed resolution. Not later than thirty days prior to the public hearing, the board shall give notice of the public hearing and the proposed resolution by first class mail to every real property owner whose property is located within the boundaries of the proposed incentive district that is the subject of the proposed resolution.
(3)(a) A resolution adopted under division (C)(1) of this section shall specify the life of
the incentive district and the percentage of the improvements to be exempted, shall designate the public infrastructure improvements made,
to be made, or in the process of being made,
that benefit or serve, or, once made, will benefit or serve parcels in the district. The resolution also shall identify one or more specific projects being, or to be, undertaken in the district that place additional demand on the public infrastructure improvements designated in the resolution. The project identified may, but need not be, the project under division (C)(3)(b) of this section that places real property in use for commercial or industrial purposes.
A resolution adopted under division (C)(1) of this section on or after the effective date of this amendment shall not designate police or fire equipment as public infrastructure improvements, and no service payment provided for in section 5709.74 of the Revised Code and received by the township under the resolution shall be used for police or fire equipment.
(b) A resolution adopted under division (C)(1) of this section may authorize the
use of service payments provided for in section 5709.74 of the
Revised Code for the purpose of housing renovations within the incentive
district, provided that the resolution also designates public
infrastructure improvements that benefit or serve the district,
and that a project within the district places real property in use
for commercial or industrial purposes. Service payments may be
used to finance or support loans, deferred loans, and grants to
persons for the purpose of housing renovations within the
district. The resolution shall
designate the parcels within the
district that are eligible for
housing renovations. The
resolution shall state separately the
amount or the percentages of
the expected aggregate service
payments that are designated for
each public infrastructure
improvement and for the purpose of
housing renovations.
(4) Except with the
approval of the board of education of each
city, local, or
exempted village school district within the
territory of which the incentive
district is or will be located, and subject to division (E) of this section, the life of
an incentive district shall not
exceed ten years, and the percentage of
improvements to be
exempted shall not exceed seventy-five per
cent. With
approval of the board of education, the life of a district may be not more
than thirty
years, and the percentage of improvements to be
exempted may be
not more than one hundred per cent. The approval
(5) Approval of a board of education shall be obtained in the
manner provided in division (D) of this section for exemptions
under division (B) of this section, except that the notice to the
board of education shall delineate the boundaries of the district,
specifically identify each parcel within the district, identify
each anticipated improvement in the district, provide an estimate
of the true value in money of each such improvement, specify the
life of the district and the percentage of improvements that would
be exempted, and indicate the date on which the board of township
trustees intends to adopt the resolution.
(D) Improvements
with respect to a parcel may be exempted
from taxation
under division (B) of this section, and improvements to parcels within an incentive district may be exempted from taxation under division (C) of this section, for up to
ten
years or, with the
approval of the board of education of the
city,
local, or exempted
village school district within
which the
parcel or district is located, for
up to
thirty
years. The percentage of the
improvements exempted
from
taxation
may, with such approval,
exceed seventy-five per
cent,
but shall
not exceed one hundred per
cent. Not later than
forty-five
business days prior to adopting a
resolution under this
section
declaring improvements to be a
public purpose that is subject to approval by a board of education under this division,
the board
of township
trustees shall deliver to the board
of education a
notice
stating
its intent to
adopt a resolution
making that declaration.
The
notice regarding improvements with respect to a parcel under division (B) of this section shall
identify the
parcels
for which improvements are to be exempted from taxation,
provide
an estimate of the true value in money of
the
improvements,
specify the period for which the improvements
would
be exempted
from
taxation and the percentage of the
improvements
that would be
exempted, and
indicate the date on
which the board
of township trustees
intends to adopt the
resolution. The notice regarding improvements made under division (C) of this section to parcels within an incentive district shall delineate the boundaries of the district, specifically identify each parcel within the district, identify each anticipated improvement in the district, provide an estimate of the true value in money of each such improvement, specify the life of the district and the percentage of improvements that would be exempted, and indicate the date on which the board of township trustees intends to adopt the resolution. The
board of
education, by
resolution adopted by a
majority of the
board, may
approve the
exemption for the period
or for the
exemption
percentage specified
in the notice,; may
disapprove the
exemption
for the number of
years in excess of
ten, may disapprove
the
exemption for the
percentage of the
improvements to be
exempted in
excess of
seventy-five per cent,
or both,; or may
approve the
exemption on
the condition that the
board of township trustees
and the
board of
education negotiate an
agreement providing for
compensation to the
school district equal
in value to a percentage
of the amount of
taxes exempted in the
eleventh and subsequent
years of the
exemption period or, in the
case of exemption
percentages in
excess of seventy-five per cent,
compensation equal
in value to a
percentage of the taxes that
would be payable on the
portion of
the improvements in excess of
seventy-five per cent
were that
portion to be subject to
taxation, or other mutually agreeable compensation. The
The board of
education shall
certify its resolution to
the board of township trustees
not later than
fourteen days prior to the
date the board of township
trustees intends to
adopt the resolution as
indicated in the
notice. If the
board of education and
the board of township trustees
negotiate a mutually
acceptable
compensation agreement, the
resolution may declare the
improvements a public purpose for the
number of years specified
in
the resolution or, in the case of
exemption percentages in
excess
of seventy-five per cent, for the
exemption percentage
specified
in the resolution. In either case,
if the board of
education and
the board of township trustees fail to
negotiate a mutually
acceptable
compensation agreement, the
resolution may declare the
improvements a public purpose for not
more than ten years, but and
shall not exempt more than seventy-five
per cent of the
improvements from taxation. If the board of education fails
to
certify a resolution
to the board of township trustees within the time
prescribed by this
section, the board of township trustees thereupon may
adopt the resolution
and may declare the improvements a public
purpose for up to thirty
years or, in the case of exemption
percentages proposed in excess
of seventy-five per cent, for the
exemption percentage specified
in the resolution. The board of
township trustees may adopt the
resolution at any time after the
board of education certifies its
resolution approving the
exemption to the board of township
trustees, or, if the board of
education approves the exemption on
the condition that a
mutually
acceptable compensation agreement be
negotiated, at any
time after
the compensation agreement is agreed
to by the board
of education
and the board of township trustees.
If a board of education has adopted a resolution waiving
its
right to approve exemptions from taxation under this section and the resolution
remains in effect, approval of such exemptions by the board of
education is not required under
this division (D) of this section. If a
board of
education has adopted a resolution
allowing a board of
township
trustees to deliver the notice
required under
this division (D) of this section
fewer
than
forty-five business days prior to adoption of the resolution
by
the board
of township trustees, the board of
township trustees
shall deliver the notice to the board of
education not later than
the number of days prior to the
adoption as prescribed by the
board of education in its
resolution. If a board of education
adopts a resolution waiving
its right to approve exemptions or
shortening the notification
period, the board of education shall
certify a copy of the
resolution to the board of township
trustees. If the board of
education rescinds the resolution,
it shall certify notice of
the rescission to the board of township
trustees.
If the board of township trustees is not required by
this
division (D) of this section
to
notify the board of education
of the
board of township trustees' intent to
declare improvements to be a
public
purpose, the board of township trustees
shall comply with the notice
requirements imposed under section
5709.83 of the Revised Code
before taking formal action to adopt
the resolution making that
declaration, unless the board of
education has adopted a
resolution
under that section waiving its
right to receive the
notice.
(E)(1) If a proposed resolution under division (C)(1) of this section exempts improvements with respect to a parcel within an incentive district for more than ten years, or the percentage of the improvement exempted from taxation exceeds seventy-five per cent, not later than forty-five business days prior to adopting the ordinance resolution the board of township trustees shall deliver to the board of county commissioners of the county within which the incentive district is or will be located a notice that states its intent to adopt a resolution creating an incentive district. The notice shall include a copy of the proposed resolution, identify the parcels for which improvements are to be exempted from taxation, provide an estimate of the true value in money of the improvements, specify the period of time for which the improvements would be exempted from taxation, specify the percentage of the improvements that would be exempted from taxation, and indicate the date on which the board of township trustees intends to adopt the resolution.
(2) The board of county commissioners, by resolution adopted by a majority of the board, may object to the exemption for the number of years in excess of ten, may object to the exemption for the percentage of the improvement to be exempted in excess of seventy-five per cent, or both, or may accept either or both exemptions. If the board of county commissioners objects, the board may negotiate an a mutually acceptable compensation agreement with the board of township trustees that provides. In no case shall the compensation provided to the board of county commissioners exceed the property taxes foregone due to the exemption. If the board of county commissioners objects, and the board of county commissioners and board of township trustees fail to negotiate a mutually acceptable compensation agreement, the resolution adopted under division (C)(1) of this section shall provide to the board of county commissioners compensation in the eleventh and subsequent years of the exemption period compensation equal in value to not more than fifty per cent of the taxes that would be payable to the county or, if the board of county commissioner's objection includes an objection to an exemption percentage in excess of seventy-five per cent, compensation equal in value to not more than fifty per cent of the taxes that would be payable to the county, on the portion of the improvement in excess of seventy-five per cent, were that portion to be subject to taxation. The board of county commissioners shall certify its resolution to the board of township trustees not later than thirty days after receipt of the notice.
(3) If the board of county commissioners does not object or fails to certify its resolution objecting to an exemption within thirty days after receipt of the notice, the board of township trustees may adopt its resolution, and no compensation shall be provided to the board of county commissioners. If the board of county commissioners timely certifies its resolution objecting to the trustees' resolution, the board of township trustees may adopt its resolution at any time after the a mutually acceptable compensation agreement is agreed to by the board of county commissioners and the board of township trustees, or, if no compensation agreement is negotiated, at any time after the board of township trustees agrees in the proposed resolution to provide compensation to the board of county commissioners of fifty per cent of the taxes that would be payable to the county in the eleventh and subsequent years of the exemption period or on the portion of the improvement in excess of seventy-five per cent, were that portion to be subject to taxation.
(F) Any of the following property tax levies that are enacted Service payments in lieu of taxes that are attributable to any amount by which the effective tax rate of either a renewal levy with an increase or a replacement levy exceeds the effective tax rate of the levy renewed or replaced, or that are attributable to an additional levy, for a levy authorized by the voters for any of the following purposes on or after January 1, 2006, and after the date an ordinance which are provided pursuant to a resolution creating an incentive district under division (C)(1) of this section that is adopted on or after January 1, 2006, under division (C)(1) of this section shall be levied on property that was exempted from taxation distributed to the appropriate taxing authority as required under division (C) of section 5709.74 of the Revised Code in an amount equal to the amount of taxes from that additional levy or from the increase in the effective tax rate of such renewal or replacement levy that would have been payable to that taxing authority from the following levies were it not for the exemption authorized under division (C) of this section and revenues collected from such levies shall not be used to provide service payments under this section:
(1) A tax levied under division (L) of section 5705.19 or section 5705.191 of the Revised Code for community mental retardation and developmental disabilities programs and services pursuant to Chapter 5126. of the Revised Code;
(2) A tax levied under division (Y) of section 5705.19 of the Revised Code for providing or maintaining senior citizens services or facilities;
(3) A tax levied under section 5705.22 of the Revised Code for county hospitals;
(4) A tax levied by a joint-county district or by a county under section 5705.19, 5705.191, or 5705.221 of the Revised Code for alcohol, drug addiction, and mental health services or families;
(5) A tax levied under section 5705.23 of the Revised Code for library purposes;
(6) A tax levied under section 5705.24 of the Revised Code for the support of children services and the placement and care of children;
(7) A tax levied under division (Z) of section 5705.19 of the Revised Code for the provision and maintenance of zoological park services and facilities under section 307.76 of the Revised Code;
(8) A tax levied under section 511.27 or division (H) of section 5705.19 of the Revised Code for the support of township park districts;
(9) A tax levied under division (A), (F), or (H) of section 5705.19 of the Revised Code for parks and recreational purposes of a joint recreation district organized pursuant to division (B) of section 755.14 of the Revised Code;
(10) A tax levied under section 1545.20 or 1545.21 of the Revised Code for park district purposes;
(11) A tax levied under section 5705.191 of the Revised Code for the purpose of making appropriations for public assistance; human or social services; public relief; public welfare; public health and hospitalization; and support of general hospitals;
(12) A tax levied under section 3709.29 of the Revised Code for a general health district program.
(G) An exemption
from taxation granted under this
section
commences
with the tax year specified in the resolution that begins so long as the year specified in the resolution commences after the effective date of the
resolution.
If the resolution specifies a year commencing before the effective date of the resolution or specifies no year whatsoever, the exemption commences with the tax year in which an exempted improvement first appears on the tax list and duplicate of real and public utility property and that commences after the effective date of the resolution. Except as otherwise provided in this division,
the exemption ends
on the date specified in the resolution as
the
date the
improvement ceases to be a public purpose
or the
incentive
district expires, or ends
on the
date on which
the
public
infrastructure improvements
and housing renovations are
paid in
full from
the
township public
improvement tax increment
equivalent
fund
established under
section 5709.75 of the Revised
Code,
whichever
occurs first. The exemption of an improvement with
respect to a parcel or within an incentive district may end on a
later date, as
specified in the
resolution, if the board of
township trustees and
the board
of
education of the city, local,
or exempted village
school
district
within which
the
parcel or district is located
have entered into a
compensation agreement
under
section 5709.82
of the Revised Code
with respect to the
improvement
or district
and the board of
education has approved
the term of
the exemption
under division
(D) of this
section, but in
no case shall
the improvement be
exempted
from taxation for more
than thirty
years. The board of
township
trustees may, by
majority vote,
adopt a resolution
permitting the
township to enter
into such
agreements as the board
finds
necessary or appropriate
to provide
for the construction
or
undertaking of
public
infrastructure improvements
and housing
renovations. Any
exemption shall
be claimed and allowed
in the
same or a similar
manner as in the
case of other real
property
exemptions. If an
exemption status
changes during a tax
year, the
procedure for the
apportionment of
the taxes for that
year is the
same as in the
case of other
changes in tax exemption
status
during the year.
(H) The board
of township trustees may issue the notes of
the township to finance
all costs pertaining to the construction
or undertaking of public
infrastructure improvements
and housing
renovations made pursuant to this section. The notes
shall be
signed by the
board and attested by the signature of the
township
fiscal officer, shall
bear interest not to exceed the rate
provided in
section 9.95 of
the Revised Code, and are not subject
to Chapter
133. of the
Revised Code. The resolution authorizing
the issuance
of the
notes shall pledge the funds of the township
public
improvement
tax increment equivalent fund established
pursuant to
section
5709.75 of the Revised Code to pay the
interest on and
principal
of the notes. The notes, which may
contain a clause
permitting
prepayment at the option of the board,
shall be offered
for sale
on the open market or given to the
vendor or contractor
if no
sale is made.
(I) The township, not later than fifteen days after the
adoption of a resolution
under this
section, shall submit to the
director of development a copy of
the
resolution. On or before
the thirty-first day of March
of each
year,
the township shall
submit a status report to the director
of
development. The
report shall indicate, in the manner
prescribed by the director,
the progress of the project during
each
year that the exemption
remains in effect, including a
summary of the receipts from
service payments in lieu of taxes;
expenditures of money from
funds the fund created under section 5709.75 of
the Revised Code; a
description of the public infrastructure
improvements
and housing
renovations financed with the
expenditures; and a quantitative
summary of
changes in private investment resulting
from each
project.
(J) Nothing in this section shall be construed to prohibit a
board of township trustees from declaring to be a public purpose
improvements with respect to more than one parcel.
(K) A board of township trustees that adopted a resolution
under this section prior to July 21, 1994, may amend that
resolution to include any additional public infrastructure
improvement. A board of township trustees that seeks by the
amendment to utilize money from its township public improvement
tax increment equivalent fund for land acquisition in aid of
industry, commerce, distribution, or research, demolition on
private property, or stormwater and flood remediation projects may
do so provided that the board currently is a party to a
hold-harmless agreement with the board of education of the city,
local, or exempted village school district within the territory of
which are located the parcels that are subject to an exemption.
For the purposes of this division, a "hold-harmless agreement"
means an agreement under which the board of township trustees
agrees to compensate the school district for one hundred per cent
of the tax revenue that the school district would have received
from further improvements to parcels designated in the resolution
were it not for the exemption granted by the resolution.
Sec. 5709.74. (A) A township that has declared an improvement
to
be a public purpose under section 5709.73 of the Revised Code
may
require the owner of the parcel to make annual service
payments in
lieu of taxes to the county treasurer on or before
the final dates
for payment of real property taxes. Each payment
shall be charged
and collected in the same manner and in the same
amount as the
real property taxes that would have been charged
and payable
against any improvement made on the parcel if it were
not exempt
from taxation. If any reduction in the levies
otherwise
applicable to the exempt property is made by the county
budget
commission under section 5705.31 of the Revised Code, the
amount
of the service payment in lieu of taxes shall be
calculated as if
a reduction in levies had not been made. A
township shall not
require an owner to make annual service
payments in lieu of taxes
pursuant to this section after the date
on which the township has
been paid back in full for the public
infrastructure improvements
made pursuant to sections 5709.73 to 5709.75 of the
Revised Code.
(B) Moneys collected as service payments in lieu of taxes shall
be distributed at the same time and in the same manner as real
property tax payments. However, subject to division (C) of this section or section 5709.913 of the Revised Code, the entire amount so collected
shall be distributed to the township in which the improvement is
located. If a parcel upon which moneys are collected as service
payments in lieu of taxes is annexed to a municipal corporation,
the service payments shall continue to be collected and
distributed to the township in which the parcel was located
before
its annexation until the township is paid back in full for
the
cost of
any public infrastructure improvements it made on the
parcel. The
treasurer shall maintain a record of the service
payments in lieu
of taxes made from property in each township.
(C) If annual service payments in lieu of taxes are required under this section, the county treasurer shall distribute to the appropriate taxing authorities the portion of the service payments that represent payments required under division (F) of section 5709.73 of the Revised Code.
(D) Nothing in this section or section 5709.73 of the Revised
Code affects the taxes levied against that portion of the value
of
any parcel of property that is not exempt from taxation.
Sec. 5709.75. (A) Any township that receives service payments
in
lieu of taxes under section 5709.74 of the Revised Code shall
establish a township public improvement tax increment equivalent
fund into which
those payments shall be deposited.
If
the board
of
township trustees has adopted a resolution under
division (C)
of
section 5709.73 of the Revised Code, the township
shall
establish
at least one account in that fund with respect to
resolutions
adopted under division (B) of that section, and one
account with
respect to each incentive district created by a resolution
adopted under
division (C) of that section. If a resolution
adopted under
division (C) of section 5709.73 of the Revised Code
also
authorizes the use of service payments for housing
renovations
within the incentive district, the township shall establish
separate
accounts for the service payments designated for public
infrastructure improvements and for the service payments
authorized for the purpose of housing renovations.
(B) Except as otherwise provided in division (C) or (D) of this section, money
deposited in
an account of the township public improvement tax increment equivalent fund shall be used by the township
to pay the
costs of public
infrastructure improvements
designated
in or
the housing renovations authorized by the resolution with
respect
to
which the account is established, including any
interest on and
principal of the
notes; in the case of an account
established with
respect to a resolution adopted under division
(C) of that
section, money in the account shall be used to finance
the public
infrastructure
improvements designated, or the housing
renovations
authorized, for each incentive district created in the
resolution.
Money in
an account shall not be used to finance or
support housing
renovations that take place after the incentive district has
expired.
(C)(1)(a) A
township may also distribute money in
such an
account to
any
school district in which the exempt
property is
located in an
amount not to exceed the amount of real
property
taxes that such
school district would have received from
the
improvement if it
were not exempt from taxation. The
resolution
establishing the
fund shall set forth the percentage of
such
maximum amount that
will be distributed to any affected
school
district.
(b) A township also may distribute money in such an account as follows:
(i) To a board of county commissioners, in the amount that is owed to the board pursuant to division (E) of section 5709.73 of the Revised Code;
(ii) To a county in accordance with section 5709.913 of the Revised Code.
(2) Money from an account in a township public improvement tax increment equivalent fund may be distributed under division (C)(1)(b) of this section, regardless of the date a resolution was adopted under section 5709.73 of the Revised Code that prompted the establishment of the account, even if the resolution was adopted prior to the effective date of this amendment.
(D) On or before January 1, 2007, a board of township trustees that adopted a resolution under division (B) of section 5709.73 of the Revised Code before January 1, 1995, and that, with respect to property exempted under such a resolution, is party to a hold-harmless agreement, may appropriate and expend unencumbered money in the fund to pay current public safety expenses of the township. A township appropriating and expending money under this division shall reimburse the fund for the sum so appropriated and expended not later than the day the exemption granted under the resolution expires. For the purposes of this division, a "hold-harmless agreement" is an agreement with the board of education of a city, local, or exempted village school district under which the board of township trustees agrees to compensate the school district for one hundred per cent of the tax revenue the school district would have received from improvements to parcels designated in the resolution were it not for the exemption granted by the resolution.
(E) Any
incidental surplus remaining in the township
public
improvement
tax increment equivalent fund
or an account
of
that
fund
upon
dissolution
of the account or fund shall be
transferred
to the
general fund of the township.
Sec. 5709.78. (A) A board of county commissioners may,
by
resolution, declare improvements to
certain parcels of
real
property
located in the unincorporated territory of the
county to
be a
public purpose. Except as otherwise provided in with the approval under
division
(C)
of this section of the board of education of each city, local, or exempted village school district within which the improvements are located, not more than
seventy-five per cent of
an
improvement thus declared to be a
public purpose may be
exempted
from real property taxation, for a period of not more than ten years. The resolution shall
specify the
percentage of the
improvement to be exempted and the life of the exemption.
A resolution adopted under this division shall designate
the
specific public infrastructure improvements made, to be made,
or
in the process of being made by the county that directly
benefit,
or that once made will directly benefit, the parcels for which
improvements are declared to be a public purpose. The
service
payments provided for in section 5709.79 of the Revised
Code shall
be used to finance the public infrastructure
improvements
designated in the resolution, or as provided in section 5709.80 of the Revised Code.
(B)(1) A board of county commissioners may adopt a resolution
creating an incentive district and declaring improvements to
parcels within the district to be a public purpose and, except as provided in division (E) of this section, exempt from
taxation as provided in this section, but no board of county commissioners of a county that has a population that exceeds twenty-five thousand, as shown by the most recent federal decennial census, shall adopt a resolution that creates an incentive district if, as a result of adopting the resolution, more than the sum of the taxable value of real property in the proposed district for the preceding tax year and the taxable value of all real property in the county that would have been taxable in the preceding year were it not for the fact that the property was in an existing incentive district and therefore exempt from taxation exceeds twenty-five per cent of the county's taxable value, as of the first day of January of the year in which the resolution takes effect, is subject to exemption because of an incentive district. The twenty-five per cent limitation does not apply to an incentive district that was created by a resolution adopted prior to January 1, 2006, unless the board creates an additional incentive district after that date taxable value of real property in the county for the preceding tax year. The district shall be
located within the unincorporated territory of the county and
shall not include any territory that is included within a district
created under division (C) of section 5709.73 of the Revised Code.
The resolution shall delineate the boundary of the district and
specifically identify each parcel within the district. A district
may not include any parcel that is or has been exempted from
taxation under division (A) of this section or that is or has been
within another district created under this division. A resolution
may create more than one such district, and more
than one
resolution may be adopted under division (B)(1) of this section.
(2) Not later than thirty days prior to adopting a resolution under division (B)(1) of this section, if the county intends to apply for exemptions from taxation under section 5709.911 of the Revised Code on behalf of owners of real property located within the proposed incentive district, the board of county commissioners shall conduct a public hearing on the proposed resolution. Not later than thirty days prior to the public hearing, the board shall give notice of the public hearing and the proposed resolution by first class mail to every real property owner whose property is located within the boundaries of the proposed incentive district that is the subject of the proposed resolution. The board also shall provide the notice by first class mail to the clerk of each township in which the proposed incentive district will be located.
(3)(a) A
resolution adopted under division (B)(1) of this section shall specify the life of
the incentive
district and the percentage of the improvements to be exempted,
shall designate the public infrastructure improvements made,
to be made, or in the process of being made,
that
benefit or serve, or, once made, will benefit or serve parcels in the district. The resolution also shall identify one or more specific projects being, or to be, undertaken in the district that place additional demand on the public infrastructure improvements designated in the resolution. The project identified may, but need not be, the project under division (B)(3)(b) of this section that places real property in use for commercial or industrial purposes.
A resolution adopted under division (B)(1) of this section on or after the effective date of this amendment shall not designate police or fire equipment as public infrastructure improvements, and no service payment provided for in section 5709.79 of the Revised Code and received by the county under the resolution shall be used for police or fire equipment.
(b) A resolution adopted under division (B)(1) of this section may authorize the
use of service payments provided for in section 5709.79 of the
Revised Code for the purpose of housing renovations within the incentive
district, provided that the resolution also designates public
infrastructure improvements that benefit or serve the district,
and that a project within the district places real property in use
for commercial or industrial purposes. Service payments may be
used to finance or support loans, deferred loans, and grants to
persons for the purpose of housing renovations within the
district. The resolution shall
designate the parcels within the
district that are eligible for
housing renovations. The
resolution shall state separately the
amount or the percentages of
the expected aggregate service
payments that are designated for
each public infrastructure
improvement and for the purpose of
housing renovations.
(4) Except with the
approval of the board of education of each
city, local, or
exempted village school district within the
territory of which the incentive
district is or will be located, and subject to division (D) of this section, the life of
an incentive district shall not
exceed ten years, and the percentage of
improvements to be
exempted shall not exceed seventy-five per
cent. With
approval of the board of education, the life of a district may be not more
than thirty
years, and the percentage of improvements to be
exempted may be
not more than one hundred per cent. The approval
(5) Approval of a board of education shall be obtained in the
manner provided in division (C) of this section for exemptions
under division (A) of this section, except that the notice to the
board of education shall delineate the boundaries of the district,
specifically identify each parcel within the district, identify
each anticipated improvement in the district, provide an estimate
of the true value in money of each such improvement, specify the
life of the district and the percentage of improvements that would
be exempted, and indicate the date on which the board of county
commissioners intends to adopt the resolution.
(C)(1) Improvements
with respect to a parcel may be
exempted
from taxation
under division (A) of this section, and improvements to parcels within an incentive district may be exempted from taxation under division (B) of this section, for up
to
ten
years or,
with the approval of the board of education of
the
city,
local, or
exempted village school district within
which the
parcel or district is
located, for
up to thirty
years. The percentage of the
improvements exempted
from taxation
may, with such approval,
exceed seventy-five per
cent, but shall
not exceed one hundred per
cent. Not later than
forty-five
business days prior to adopting a
resolution under this
section
declaring improvements to be a
public purpose that is subject to the approval of a board of education under this division,
the board of
county
commissioners shall deliver to
the board of
education a notice
stating its intent to
adopt a
resolution making that declaration.
The
notice regarding improvements with respect to a parcel under division (A) of this section shall
identify the
parcels for which improvements are to be exempted from taxation,
provide an estimate of
the true value in money of
the
improvements,
specify the period
for which the improvements
would
be exempted from taxation and the
percentage of the
improvements
that would be
exempted, and
indicate the date on
which the board
of
county
commissioners
intends to adopt the
resolution. The notice regarding improvements to parcels within an incentive district under division (B) of this section shall delineate the boundaries of the district, specifically identify each parcel within the district, identify each anticipated improvement in the district, provide an estimate of the true value in money of each such improvement, specify the life of the district and the percentage of improvements that would be exempted, and indicate the date on which the board of county commissioners intends to adopt the resolution.
The board
of
education, by
resolution adopted by a
majority of the
board,
may
approve the
exemption for the period
or for the
exemption
percentage specified
in the notice,; may
disapprove the
exemption
for the number of
years in excess of
ten, may disapprove
the
exemption for the
percentage of the
improvements to be
exempted in
excess of
seventy-five per cent,
or both,; or may
approve the
exemption on
the condition that the
board of
county
commissioners
and the
board
of education negotiate an
agreement
providing for
compensation to
the school district equal
in value
to a percentage
of the amount
of taxes exempted in the
eleventh
and subsequent
years of the
exemption period or, in the
case of
exemption
percentages in
excess of seventy-five per cent,
compensation equal
in value to a
percentage of the taxes that
would be payable on the
portion of
the improvements in excess of
seventy-five per cent
were that
portion to be subject to
taxation, or other mutually agreeable compensation.
The
(2) The board of
education shall
certify its resolution to
the board
of
county
commissioners not
later than fourteen days prior to
the date
the
board of
county
commissioners intends to adopt its
resolution as
indicated in the
notice. If the board of
education and the
board of
county
commissioners negotiate a mutually
acceptable
compensation
agreement, the resolution of the board of
county
commissioners may
declare the improvements a public purpose for
the number of years
specified in that resolution or, in the case
of exemption
percentages in excess of seventy-five per cent, for
the exemption
percentage specified in the resolution. In either
case, if the
board of education and the board of
county
commissioners
fail to
negotiate a mutually acceptable compensation
agreement,
the
resolution may declare the improvements a public
purpose for
not
more than ten years, but and shall not exempt more
than
seventy-five
per cent of the improvements from taxation. If the board
of education fails to certify
a resolution
to the board of
county
commissioners within the time
prescribed by
this section, the
board of
county commissioners thereupon
may
adopt the resolution
and may
declare the improvements a public
purpose for up to thirty
years
or, in the case of exemption
percentages proposed in excess
of
seventy-five per cent, for the
exemption percentage specified
in
the resolution. The board of
county commissioners may adopt
the
resolution at any time after
the board of education certifies
its
resolution approving the
exemption to the board of county
commissioners, or, if the board
of education approves the
exemption on the condition that a
mutually acceptable compensation
agreement be negotiated, at any
time after the compensation
agreement is agreed to by the board
of
education and the board of
county commissioners.
(2)(3) If a board of education has adopted a resolution
waiving
its right to approve exemptions from taxation under this section and the
resolution
remains in effect, approval of such exemptions by the
board of
education is not required under division
(C)(1) of
this section.
If a
board of education has adopted a resolution
allowing a board
of
county commissioners to deliver the notice
required under
division
(C)(1) of this section fewer
than
forty-five business
days prior to approval of the resolution
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 exemptions 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.
(D)(1) If a proposed resolution under division (B)(1) of this section exempts improvements with respect to a parcel within an incentive district for more than ten years, or the percentage of the improvement exempted from taxation exceeds seventy-five per cent, not later than forty-five business days prior to adopting the ordinance resolution the board of county commissioners shall deliver to the board of township trustees of any township or legislative authority of any municipal corporation within which the incentive district is or will be located a notice that states its intent to adopt a resolution creating an incentive district. The notice shall include a copy of the proposed resolution, identify the parcels for which improvements are to be exempted from taxation, provide an estimate of the true value in money of the improvements, specify the period of time for which the improvements would be exempted from taxation, specify the percentage of the improvements that would be exempted from taxation, and indicate the date on which the board intends to adopt the resolution.
(2) The board of township trustees or legislative authority of the municipal corporation, or both, by resolution adopted by a majority of the board, may object to the exemption for the number of years in excess of ten, may object to the exemption for the percentage of the improvement to be exempted in excess of seventy-five per cent, or both, or may accept either or both exemptions. If the board of township trustees or legislative authority, or both, objects, the board of township trustees or legislative authority may negotiate an a mutually acceptable compensation agreement with the board of county commissioners that provides. In no case shall the compensation provided to the board of township trustees exceed the property taxes foregone due to the exemption. If the board of township trustees objects, and the board of township trustees and the board of county commissioners fail to negotiate a mutually acceptable compensation agreement, the resolution adopted under division (B)(1) of this section shall provide to the board of township trustees or legislative authority, or both, compensation in the eleventh and subsequent years of the exemption period compensation equal in value to not more than fifty per cent of the taxes that would be payable to the township or municipal corporation or, if the board of township trustee's objection includes an objection to an exemption percentage in excess of seventy-five per cent, compensation equal in value to not more than fifty per cent of the taxes that would be payable to the township on the portion of the improvement in excess of seventy-five per cent, were that portion to be subject to taxation. The board of township trustees and legislative authority shall certify its resolution to the board of county commissioners not later than thirty days after receipt of the notice.
(3) If the board of township trustees and the legislative authority of the municipal corporation does not object or fails to certify a resolution objecting to an exemption within thirty days after receipt of the notice, the board of county commissioners may adopt its resolution, and no compensation shall be provided to the board of township trustees or legislative authority. If both the board of township trustees or legislative authority of the municipal corporation certify resolutions certifies its resolution objecting to the commissioners' resolution, the board of county commissioners may adopt its resolution at any time after both a mutually acceptable compensation agreements are agreement is agreed to by the board of county commissioners and the respective party to the agreement board of township trustees. If either the board of township trustees or legislative authority of the municipal corporation certify certifies a resolution objecting to the commissioners' resolution, the board of county commissioners may adopt its resolution at any time after the a mutually acceptable compensation agreement is agreed to by the board of county commissioners and the board or legislative authority of township trustees, or, if no compensation agreement is negotiated, at any time after the board of county commissioners agrees in the proposed resolution to provide compensation to the board of township trustees or legislative authority, or to both, of fifty per cent of the taxes that would be payable to the township or municipal corporation in the eleventh and subsequent years of the exemption period or on the portion of the improvement in excess of seventy-five per cent, were that portion to be subject to taxation.
(E) Any of the following property tax levies that are enacted Service payments in lieu of taxes that are attributable to any amount by which the effective tax rate of either a renewal levy with an increase or a replacement levy exceeds the effective tax rate of the levy renewed or replaced, or that are attributable to an additional levy, for a levy authorized by the voters for any of the following purposes on or after January 1, 2006, and after the date an ordinance which are provided pursuant to a resolution creating an incentive district under division (B)(1) of this section that is adopted on or after January 1, 2006, under division (C)(1) of this section shall be levied on property that was exempted from taxation distributed to the appropriate taxing authority as required under division (D) of section 5709.79 of the Revised Code in an amount equal to the amount of taxes from that additional levy or from the increase in the effective tax rate of such renewal or replacement levy that would have been payable to that taxing authority from the following levies were it not for the exemption authorized under division (C)(B) of this section and revenues collected from such levies shall not be used to provide service payments under this section:
(1) A tax levied under division (L) of section 5705.19 or section 5705.191 of the Revised Code for community mental retardation and developmental disabilities programs and services pursuant to Chapter 5126. of the Revised Code;
(2) A tax levied under division (Y) of section 5705.19 of the Revised Code for providing or maintaining senior citizens services or facilities;
(3) A tax levied under section 5705.22 of the Revised Code for county hospitals;
(4) A tax levied by a joint-county district or by a county under section 5705.19, 5705.191, or 5705.221 of the Revised Code for alcohol, drug addiction, and mental health services or facilities;
(5) A tax levied under section 5705.23 of the Revised Code for library purposes;
(6) A tax levied under section 5705.24 of the Revised Code for the support of children services and the placement and care of children;
(7) A tax levied under division (Z) of section 5705.19 of the Revised Code for the provision and maintenance of zoological park services and facilities under section 307.76 of the Revised Code;
(8) A tax levied under section 511.27 or division (H) of section 5705.19 of the Revised Code for the support of township park districts;
(9) A tax levied under division (A), (F), or (H) of section 5705.19 of the Revised Code for parks and recreational purposes of a joint recreation district organized pursuant to division (B) of section 755.14 of the Revised Code;
(10) A tax levied under section 1545.20 or 1545.21 of the Revised Code for park district purposes;
(11) A tax levied under section 5705.191 of the Revised Code for the purpose of making appropriations for public assistance; human or social services; public relief; public welfare; public health and hospitalization; and support of general hospitals;
(12) A tax levied under section 3709.29 of the Revised Code for a general health district program.
(F) An exemption
from taxation granted under this
section
commences
with the tax year specified in the resolution that begins so long as the year specified in the resolution commences after the effective date of the
resolution.
If the resolution specifies a year commencing before the effective date of the resolution or specifies no year whatsoever, the exemption commences with the tax year in which an exempted improvement first appears on the tax list and duplicate of real and public utility property and that commences after the effective date of the resolution. Except
as otherwise provided in this division,
the exemption ends
on the
date specified in the resolution as
the
date the
improvement
ceases to be a public purpose
or the
incentive
district expires,
or
ends on the
date
on which the
county can no
longer require
annual service
payments
in lieu of
taxes under
section 5709.79 of
the Revised
Code,
whichever occurs
first. The
exemption of an
improvement with respect to a parcel or within an incentive district may end on a
later
date, as
specified
in the resolution, if the board of
commissioners
and the
board of
education of the city, local, or
exempted
village school
district
within
which the
parcel or district is
located
have entered into a
compensation
agreement under section
5709.82
of the Revised Code
with respect
to the improvement
or
district,
and the board of
education has approved the
term of the
exemption
under division
(C)(1) of this section, but in no case
shall the
improvement be
exempted from
taxation for
more than
thirty years.
Exemptions
shall be
claimed
and allowed in the same
or a similar
manner as in
the
case of
other real property
exemptions. If an
exemption
status
changes
during a tax year, the
procedure for the
apportionment of
the
taxes for that year is the
same as in the
case of other
changes in
tax exemption status
during the year.
(G) If the board of
county commissioners is not required
by
this section to notify the board of
education
of the board of
county commissioners' intent to declare
improvements to
be a
public purpose, the board of
county
commissioners shall comply
with
the notice requirements imposed
under section 5709.83 of the
Revised Code before taking formal
action to adopt the resolution
making that declaration, unless the
board of education has adopted
a
resolution
under that section
waiving its right to receive such
a notice.
(H) The county, not later than fifteen days after the
adoption of a resolution
under this
section, shall submit to the
director of development a copy of
the
resolution. On or before
the thirty-first day of March
of each
year,
the county shall
submit a status report to the director of
development. The
report
shall indicate, in the manner
prescribed by the director,
the
progress of the project during
each
year that
an exemption
remains in effect, including a
summary of the receipts from
service payments in lieu of taxes;
expenditures of money from
funds the fund created under section 5709.75 5709.80 of
the Revised Code; a
description of the public infrastructure
improvements
and housing
renovations financed with such
expenditures; and a quantitative
summary of
changes in employment
and private investment resulting
from each
project.
(I) Nothing in this section shall be construed to prohibit a
board of county commissioners from declaring to be a public
purpose improvements with respect to more than one parcel.
Sec. 5709.79. (A) A
board of county
commissioners that adopts a
resolution under
section 5709.78 of the Revised Code shall in the
resolution
require that the owner of the improvement make annual
service
payments in lieu of taxes to the county treasurer on or
before
the final dates for payment of real property taxes. Each
such
payment shall be charged and collected in the same manner and
in
the same amount as the real property taxes that would have been
charged and payable against the improvement if its value were not
exempt from taxation. If any reduction in the levies otherwise
applicable to the improvement is made by the county budget
commission under section 5705.31 of the Revised Code, the amount
of the service payment in lieu of taxes shall be calculated as if
the reduction in levies had not been made.
(B) The county shall not require the owner to make annual
service
payments in lieu of taxes pursuant to this section after
the date
on which one of the following occurs:
(A)(1) If bonds or notes were not issued under section
307.082
or 5709.81 of the Revised Code for any public
infrastructure
improvements benefiting the
parcel on which the
improvement
is
located,
or for any housing renovations within an incentive
district, and if service payments were not pledged
pursuant to
division (B) of section 5709.81 of the Revised Code,
the date the
county has collected sufficient money in the
applicable account of
the redevelopment tax equivalent fund to
pay the cost of
constructing or repairing the public
infrastructure improvements
designated in, or the housing renovations authorized by, the
resolution adopted
under section 5709.78 of the
Revised Code;
(B)(2) If service payments were pledged under division (B) of
section 5709.81 of the Revised Code to secure payment of any
obligation issued to finance the public infrastructure
improvement
and housing renovations, the date the purposes for which the
payments were
pledged are paid in full;
(C)(3) If bonds or notes were issued under section 307.082 or
5709.81 of the Revised Code, the date the interest on and
principal of such bonds and notes have been paid in full.
(C) Money collected as service payments in lieu of taxes shall
be
distributed at the same time and in the same manner as real
property tax payments. However, subject to division (D) of this section or section 5709.914 of the Revised Code, the entire amount so collected
shall be distributed to the county in which the
parcel is
located.
The county treasurer shall maintain a record of the
service
payments in lieu of taxes made for each
parcel. If
a
parcel upon
which moneys are collected as service payments
in lieu
of taxes
is annexed to a municipal corporation, the
service
payments shall
continue to be collected and distributed to
the
county until the
date described in division (A), (B), or (C)(1), (2), or (3)
of
this section.
(D) The county treasurer shall distribute to the appropriate taxing authorities the portion of the annual service payments in lieu of taxes that represents payments required under division (E) of section 5709.78 of the Revised Code.
(E) Nothing in this section or section 5709.78 of the Revised
Code affects the taxes levied against that portion of the value
of
any
parcel that is not exempt from taxation.
Sec. 5709.80. (A) The board of county commissioners of a
county
that receives service payments in lieu of taxes under
section
5709.79 of the Revised Code shall
establish a
redevelopment tax
equivalent fund into which
those payments shall
be
deposited.
Separate accounts
shall be established in the fund for each
resolution adopted by
the board of county commissioners under
section 5709.78 of the
Revised Code.
If the board of county
commissioners has adopted a
resolution under division (B) of that
section, the county shall
establish an account for each incentive district
created in that resolution.
If a resolution adopted under division
(B) of section 5709.78 of
the Revised Code also authorizes the use
of service payments for
housing renovations within the incentive district,
the county shall
establish separate accounts for the service
payments designated
for public infrastructure improvements and for
the service
payments authorized for the purpose of housing
renovations.
Moneys
(B) Moneys
deposited into each account of the fund
shall
be used by
the
county to pay the cost of constructing or
repairing
the public
infrastructure improvements designated in, or the
housing
renovations authorized by,
the resolution,
or for each incentive
district
for
which
the
account is established, to pay the
interest
on and
principal
of
bonds or notes issued under division
(B) of
section
307.082 or
division (A) of section 5709.81 of the
Revised
Code, or
for the
purposes pledged under division (B) of
section
5709.81 of
the
Revised Code.
Money in an account shall not be used to finance
or
support housing renovations that take place after the incentive district
has
expired. The
(C)(1)(a) The board of county
commissioners
may also
distribute
money in an account to any
school district in
which the
exempt
property is located in an
amount not to exceed
the amount
of real
property taxes that such
school district would
have
received from
the improvement if it
were not exempt from
taxation.
The
resolution under which an
account is established
shall set
forth
the percentage of such
maximum amount that will be
distributed to
any affected school
district. An
(b) A board of county commissioners also may distribute money in such an account as follows:
(i) To a board of township trustees or legislative authority of a municipal corporation, as applicable, in the amount that is owed to the board of township trustees or legislative authority pursuant to division (D) of section 5709.78 of the Revised Code;
(ii) To a township in accordance with section 5709.914 of the Revised Code.
(2) Money from an account in the redevelopment tax equivalent fund may be distributed under division (C)(1)(b) of this section, regardless of the date a resolution was adopted under section 5709.78 of the Revised Code that prompted the establishment of the account, even if the resolution was adopted prior to the effective date of this amendment.
(D) An account dissolves
upon
fulfillment of the purposes
for which money in the account
may
be used. An incidental
surplus remaining in an account
upon
its
dissolution shall be
transferred to the general fund of
the
county.
Sec. 5711.01. As used in this chapter:
(A) "Taxable property" includes all the kinds of property
mentioned in division (B) of section 5709.01 and section 5709.02
of the Revised Code, and also the amount or value as of the date
of conversion of all taxable property converted into bonds or
other securities not taxed on or after the first day of November
in the year preceding the date of listing, and of all other
taxable property converted into deposits after the date as of
which deposits are required to be listed in such year, except in
the usual course of the taxpayer's business, to the extent the
taxpayer may
hold or control such bonds, securities, or deposits on such day,
without deduction for indebtedness created in the purchase of
such bonds or securities from the taxpayer's credits.
"Taxable
property" does not include such investments and deposits as are
taxable at the source as provided in sections 5725.01 to 5725.26
of the Revised Code, surrender values under policies of
insurance, or any tangible personal property acquired from a
public utility or interexchange telecommunications company as
defined in section 5727.01 of the Revised Code, and leased back
to the public utility or interexchange telecommunications company
pursuant to a sale and leaseback transaction as defined in
division (I) of section 5727.01 of the Revised Code. For tax year 2007 and thereafter, "taxable property" of a telephone, telegraph, or interexchange telecommunications company, as defined in section 5727.01 of the Revised Code, includes property subject to such a sale and leaseback transaction.
For tax year 2007 and thereafter, taxable property leased to a telephone, telegraph, or interexchange telecommunications company, as defined in section 5727.01 of the Revised Code, shall be listed and assessed by the owner of the property at the percentage of true value in money required under division (H) of section 5711.22 of the Revised Code.
(B) "Taxpayer" means any owner of taxable property,
including property exempt under division (C) of section 5709.01
of the Revised Code, and includes every person residing in, or
incorporated or organized by or under the laws of this state, or
doing business in this state, or owning or having a beneficial
interest in taxable personal property in this state and every
fiduciary required by sections 5711.01 to 5711.36 of the Revised
Code, to make a return for or on behalf of another. For tax year 2007 and thereafter, "taxpayer" includes telephone companies, telegraph companies, and interexchange telecommunications company as defined in section 5727.01 of the Revised Code. The tax
commissioner may by rule define and designate the taxpayer, as to
any taxable property which would not otherwise be required by
this section to be returned; and any such rule shall be
considered supplementary to the enumeration of kinds of taxpayers
following:
(1) Individuals of full age and sound mind residing in
this state;
(2) Partnerships, corporations, associations, and
joint-stock companies, under whatever laws organized or existing,
doing business or having taxable property in this state; and
corporations incorporated by or organized under the laws of this
state, wherever their actual business is conducted;
(3) Fiduciaries appointed by any court in this state or
having title, possession, or custody of taxable personal property
in this state or engaged in business in this state;
(4) Unincorporated mutual funds.
Taxpayer excludes all individuals, partnerships,
corporations, associations, and joint-stock companies, their
executors, administrators, and receivers who are defined in Title
LVII of the Revised Code as financial institutions, dealers in
intangibles, domestic insurance companies, or public utilities,
except to the extent they may be required by sections 5711.01 to
5711.36 of the Revised Code, to make returns as fiduciaries, or
by section 5725.26 of the Revised Code, to make returns of
property leased, or held for the purpose of leasing, to others if
the owner or lessor of the property acquired it for the sole
purpose of leasing it to others or to the extent that property is
taxable under section 5725.25 of the Revised Code.
(C) "Return" means the taxpayer's annual report of taxable
property.
(D) "List" means the designation, in a return, of the
description of taxable property, the valuation or amount thereof,
the name of the owner, and the taxing district where assessable.
(E) "Taxing district" means, in the case of property
assessable on the classified tax list and duplicate, a municipal
corporation or the territory in a county outside the limits of
all municipal corporations therein; in the case of property
assessable on the general tax list and duplicate, a municipal
corporation or township, or part thereof, in which the aggregate
rate of taxation is uniform.
(F) "Assessor" includes the tax commissioner and the
county auditor as deputy of the commissioner.
(G) "Fiduciary" includes executors, administrators,
parents, guardians, receivers, assignees, official custodians,
factors, bailees, lessees, agents, attorneys, and employees, but
does not include trustees unless the sense so requires.
(H) "General tax list and duplicate" means the books or
records containing the assessments of property subject to local
tax levies.
(I) "Classified tax list and duplicate" means the books or
records containing the assessments of property not subject to
local tax levies.
(J) "Investment company" means any corporation, the shares
of which are regularly offered for sale to the public, engaged
solely in the business of investing and reinvesting funds in real
property or investments, or holding or selling real property or
investments for the purpose of realizing income or profit which
is distributed to its shareholders. Investment company does not
include any dealer in intangibles, as defined in section 5725.01
of the Revised Code.
(K) "Unincorporated mutual fund" means any partnership,
each partner of which is a corporation, engaged solely in the
business of investing and reinvesting funds in investments, or
holding or selling investments for the purpose of realizing
income or profit which is distributed to its partners and which
is subject to Chapter 1707. of the Revised Code. An
unincorporated mutual fund does not include any dealer in
intangibles as defined in section 5725.01 of the Revised Code.
Sec. 5725.221. For the purposes of this section, interest
shall be computed at a rate per calendar month, rounded to the
nearest one-hundredth of one per cent, equal to one-twelfth of
the rate per annum prescribed by section 5703.47 of the Revised
Code for the calendar year that includes the month for which the
interest accrues.
(A) When taxes levied by sections section 3737.71, 5707.03 and, or 5725.18 of
the Revised Code are assessed as the result of a tax return being
filed late, the treasurer of state shall add interest to the
taxes due. The interest shall accrue from the first day of the
month following the last day on which such taxes were required to
be paid, had the assessment been certified by the date
prescribed, to the last day of the month preceding the date on
which the assessment was certified, and shall be computed on the
taxes due.
(B) If an assessment has been certified pursuant to
section 5711.13, 5725.08, 5725.16, 5725.20, or 5727.15 5725.222 of the
Revised Code and an amended or final assessment is certified for
the same taxpayer and the same tax year, the treasurer of state
shall add interest to the deficiency or excess. The interest
shall be computed on the excess or deficiency, and shall be
accrued in the following manner:
(1) On a deficiency, interest shall accrue from the first
day of the month following the last day on which the previous
assessment was required to be paid, to the last day of the month
preceding the date on which the amended or final assessment is
certified;
(2) On an excess, interest shall be allowed from the first
day of the month following the date of payment of the previous
assessment, to the last day of the month preceding the date on
which the amended or final assessment is certified.
Sec. 5725.222. (A) An application to refund to a domestic insurance company any taxes imposed by section 3737.71 of the Revised Code or this chapter that are overpaid, paid illegally or erroneously, or paid on any illegal, erroneous, or excessive assessment, with interest thereon as provided by section 5725.221 of the Revised Code, shall be filed with the superintendent of insurance, on the form prescribed by the superintendent, within three years after the date of the illegal, erroneous, or excessive payment of the tax. No refund shall be allowed unless an application has been filed in accordance with this section. The time limit imposed under this division may be extended if both the domestic insurance company and the superintendent of insurance agree in writing to the extension.
(B) Except as otherwise provided in this division, the superintendent may make an assessment against a domestic insurance company for any deficiency for the period for which a report, tax return, or tax payment is due for any taxes imposed by section 3737.71 of the Revised Code or this chapter, based on any information in the superintendent's possession. No assessment shall be made against a domestic insurance company more than three years after the later of the final date the report, tax return, or tax payment subject to the assessment was required to be filed or paid, or the date the report or tax return was filed, provided that there shall be no bar if the domestic insurance company failed to file the required report or tax return or if the deficiency results from fraud or any felonious act. The time limit may be extended if both the domestic insurance company and the superintendent agree in writing to the extension. For the purposes of this division, an assessment is made on the date the notification of the assessment is sent by the department of insurance or the date of an invoice for the assessment from the treasurer of state, whichever is earlier.
Sec. 5725.98. (A) To provide a uniform procedure for calculating the amount of tax imposed by section 5725.18 of the Revised Code that is due under this chapter, a taxpayer shall claim any credits and offsets against tax liability to which it is entitled in the following order:
(1) The credit for an insurance company or insurance company group under section 5729.031 of the Revised Code.
(2) The credit for eligible employee training costs under section 5725.31 of the Revised Code.
(3) The credit under section 5725.19 of the Revised Code for losses on loans made under the Ohio venture capital authority program under sections 150.01 to 150.10 of the Revised Code if the taxpayer elected a nonrefundable credit under section 150.07 of the Revised Code.
(4) The offset of assessments by the Ohio life and health insurance guaranty association permitted by section 3956.20 of the Revised Code.
(5) The refundable credit for Ohio job creation under section 5725.32 of the Revised Code.
(6) The credit under section 5729.08 of the Revised Code for losses on loans made under the Ohio venture capital program under sections 150.01 to 150.10 of the Revised Code if the taxpayer elected a refundable credit under section 150.07 of the Revised Code.
(B) For any credit except the credits enumerated in divisions (A)(5) and (6) of this section, the amount of the credit for a taxable year shall not exceed the tax due after allowing for any other credit that precedes it in the order required under this section. Any excess amount of a particular credit may be carried forward if authorized under the section creating that credit. Nothing in this chapter shall be construed to allow a taxpayer to claim, directly or indirectly, a credit more than once for a taxable year.
Sec. 5727.06. (A) Except as otherwise provided by law,
the following constitutes the taxable property of a public
utility, interexchange telecommunications company, or public utility property lessor that shall be
assessed by the tax commissioner:
(1) For tax years before tax year 2006:
(a) In the case of a railroad company, all real property
and tangible personal property owned or operated by the railroad
company in this state on the thirty-first day of December of the
preceding year;
(b) In the case of a water transportation company, all tangible personal
property, except watercraft, owned or operated by the water transportation
company in this state on the thirty-first day of December of the preceding
year and all watercraft owned or operated by the water transportation company
in this state during the preceding calendar year;
(c) In the case of all other public utilities and
interexchange telecommunications companies, all tangible personal
property that on the thirty-first day of December of the
preceding year was both located in this state and:
(i) Owned by the public utility or interexchange
telecommunications company; or
(ii) Leased by the public utility or interexchange
telecommunications company under a sale and leaseback
transaction.
(2) For tax years 2006, 2007, and 2008:
(a) In the case of a railroad company, all real property used in railroad operations and tangible personal property owned or operated by the railroad company in this state on the thirty-first day of December of the preceding year;
(b) In the case of a water transportation company, all tangible personal property, except watercraft, owned or operated by the water transportation company in this state on the thirty-first day of December of the preceding year and all watercraft owned or operated by the water transportation company in this state during the preceding calendar year;
(c) In the case of all other public utilities except telephone and telegraph companies, all tangible personal property that on the thirty-first day of December of the preceding year was both located in this state and either owned by the public utility or leased by the public utility under a sale and leaseback transaction.
(3) For tax year 2009 and each tax year thereafter:
(a) In the case of a railroad company, all real property used in railroad operations and tangible personal property owned or operated by the railroad company in this state on the thirty-first day of December of the preceding year;
(b) In the case of a water transportation company, all tangible personal property, except watercraft, owned or operated by the water transportation company in this state on the thirty-first day of December of the preceding year and all watercraft owned or operated by the water transportation company in this state during the preceding calendar year;
(c) In the case of all other public utilities except telephone and telegraph companies, all tangible personal property that on the thirty-first day of December of the preceding year was both located in this state and either owned by the public utility or leased by the public utility under a sale and leaseback transaction;
(d) In the case of a public utility property lessor, all personal property that on the thirty-first day of December of the preceding year was both located in this state and leased, in other than a sale and leaseback transaction, to an interexchange telecommunications company or a public utility other than a railroad company, telephone, telegraph, or water transportation company. The assessment rate used under section 5727.111 of the Revised Code shall be based on the assessment rate that would apply if the interexchange telecommunications company or public utility owned the property.
(4) For tax years 2005 and 2006, in the case of telephone, telegraph, or interexchange telecommunications companies, all tangible personal property that on the thirty-first day of December of the preceding year was both located in this state and either owned by the telephone, telegraph, or interexchange telecommunications company or leased by the telephone, telegraph, or interexchange telecommunications company under a sale and leaseback transaction.
(5) For tax year 2007 and thereafter, in the case of telephone, telegraph, or interexchange telecommunications companies, all tangible personal property shall be listed and assessed for taxation under Chapter 5711. of the Revised Code.
(B) This division applies to tax years before tax year 2007.
In the case of an interexchange telecommunications
company, all taxable property shall be subject to the provisions
of this chapter and shall be valued by the commissioner in
accordance with division (A) of section 5727.11 of the Revised
Code. A person
described
by this division shall file the report required by section
5727.08 of the Revised Code. Persons described in this division
shall not be considered taxpayers, as defined in division (B) of
section 5711.01 of the Revised Code, and shall not be required to
file a return and list their taxable property under any provision
of Chapter 5711. of the Revised Code.
(C) The lien of the state for taxes levied each year on
the real and personal property of public utilities and
interexchange telecommunications companies and on the personal property of public utility property lessors shall attach thereto
on the thirty-first day of December of the preceding year.
(D) Property that is required by division (A)(3)(b) of
this section to be assessed by the tax commissioner under this
chapter shall not be listed by the owner of the property under
Chapter 5711. of the Revised Code.
(E) The tax commissioner may adopt rules governing the
listing of the taxable property of public utilities and
interexchange telecommunications companies and the determination
of true value.
Sec. 5727.85. (A) By the thirty-first day of July of
each
year, beginning in 2002 and
ending in 2016, the department of
education shall determine the following for
each school district
and each joint vocational school district
eligible for payment
under division
(C)
or (D) of this section:
(1) The state education aid offset, which is the difference
obtained by subtracting the amount described in division
(A)(1)(b)
of this section from the amount described in division
(A)(1)(a) of
this section:
(a) The state education aid computed for the school district
or joint vocational school district
for
the current fiscal year
as of the
thirty-first day of July;
(b) The state education aid that would be computed for the
school
district
or joint vocational school district for the
current fiscal year
as of the thirty-first day of July if the
recognized valuation
included the tax
value loss for
the school
district
or joint vocational school district.
(2) The
greater of zero or the difference obtained by
subtracting the state
education
aid offset determined under
division (A)(1) of this
section from
the fixed-rate levy loss
certified under division
(J) of
section
5727.84 of
the Revised
Code for all taxing
districts in each
school district
and joint
vocational school district.
By the fifth day of August of each such year, the department
of education
shall certify the amount so
determined
under division
(A)(1) of this section to the director of budget
and management.
(B) Not later than the thirty-first day of October of
the
years 2006 through 2016, the
department of education shall
determine all of the following for each
school district:
(1) The amount obtained by subtracting the district's state
education aid computed for fiscal year 2002 from the district's
state
education aid computed for the current fiscal year;
(2) The inflation-adjusted property tax loss. The
inflation-adjusted property tax loss equals the fixed-rate levy
loss, excluding the tax loss from levies within the ten-mill
limitation to pay debt charges,
determined
under division (G) of
section 5727.84 of the
Revised
Code for all taxing districts in
each school district, plus
the
product obtained by multiplying that
loss by the cumulative
percentage
increase in the consumer price
index from January 1,
2002, to the
thirtieth day of June of the
current year.
(3) The difference obtained by subtracting the amount
computed
under division (B)(1) from the amount of the
inflation-adjusted
property tax loss. If this difference is zero
or a negative number, no
further payments shall be made under
division (C) of this
section to the school district from the
school district property tax
replacement fund.
(C)
The department of education
shall pay from the school
district property
tax replacement fund
to
each school district
all of the
following:
(1) In February 2002, one-half of the fixed-rate levy loss
certified under division
(J) of section 5727.84 of the
Revised
Code
between the
twenty-first and twenty-eighth days of February.
(2) From August 2002 through August 2006 2017, one-half of
the
amount
calculated for that fiscal year under division
(A)(2) of
this section
between the twenty-first and twenty-eighth
days of
August and of February, provided the difference computed under division (B)(3) of this section is not less than or equal to zero.
(3) From February 2007 through August 2016, one-half of
the
amount
calculated for that calendar year under division
(B)(3) of
this section
between the twenty-first and
twenty-eighth days of
August and
of February.
(4) For taxes levied within the ten-mill limitation for debt
purposes in tax year 1998 in the case of electric company tax
value losses, and in tax year 1999 in the case of natural gas
company tax value losses, payments shall be made equal to one
hundred per cent of the loss computed as if the tax were a
fixed-rate levy, but those payments shall extend from fiscal year
2006 through fiscal year 2016.
The department of education shall report to each school
district the apportionment of the payments among the school
district's funds based on the certifications under division (J) of
section 5727.84 of the Revised Code.
(D) Not later than January 1, 2002, for all taxing
districts
in
each joint vocational school district, the tax commissioner
shall certify to
the
department
of education the
fixed-rate levy
loss determined
under
division
(G) of section
5727.84 of the
Revised
Code. From
February 2002 to
August 2016,
the
department
shall pay from
the school
district property tax
replacement fund
to the
joint vocational
school district one-half
of the
amount
calculated for that fiscal year under
division
(A)(2) of this
section between the twenty-first and
twenty-eighth
days of August
and of February.
(E)(1) Not later than January 1, 2002, for each fixed-sum
levy levied
by each school district
or joint vocational school
district and for each year for
which a determination is made
under division
(H) of section 5727.84
of the Revised Code that a
fixed-sum levy loss is to be reimbursed, the
tax commissioner
shall certify to the
department
of education the
fixed-sum levy
loss determined under
that
division. The
certification shall
cover a time period sufficient
to include all
fixed-sum
levies
for which the tax commissioner
made such a
determination. The
department shall pay from
the
school district
property tax
replacement fund to the
school
district or joint vocational
school district one-half
of the
fixed-sum levy
loss so certified
for each year
between the
twenty-first and twenty-eighth days of
August and of February.
(2) Beginning in 2003, by the thirty-first day of
January of
each year, the tax commissioner shall review the
certification
originally made
under division (E)(1) of this section. If the
commissioner
determines that a
debt levy that had been
scheduled
to be reimbursed in
the current
year has expired, a
revised
certification for that and all
subsequent years shall be
made to
the
department of
education.
(F) If the balance of the half-mill equalization fund created under section 3318.18 of the Revised Code is insufficient to make the full amount of payments required under division (D) of that section, the department of education, at the end of the third quarter of the fiscal year, shall certify to the director of budget and management the amount of the deficiency, and the director shall transfer an amount equal to the deficiency from the school district property tax replacement fund to the half-mill equalization fund.
(G)
Beginning in August 2002,
and ending in May 2017,
the director of budget and management
shall transfer from the
school district property tax replacement
fund to the general
revenue fund each of the following:
(1) Between the twenty-eighth day of August and the fifth
day of September, the lesser of one-half of the amount certified
for that fiscal year under division (A)(2) of this section or the
balance in the school district property tax replacement fund;
(2) Between the first and fifth days of May, the lesser of
one-half of the amount certified for that fiscal year under
division (A)(2) of this section or the balance in the school
district property tax replacement fund.
(H) On the first day of June each year, the director of budget and management shall transfer any balance remaining in the school district property tax replacement fund after the payments have been made under divisions (C), (D), (E), (F), and (G) of this section to the half-mill equalization fund created under section 3318.18 of the Revised Code.
(I) From fiscal year 2002 through fiscal year 2016,
if the
total amount in the school district property tax
replacement fund
is insufficient to make all payments under
divisions (C), (D),
(E), and (F) of this section
at the time the payments are
to be made, the
director
of budget and management shall transfer
from the general
revenue
fund to the school district property tax
replacement fund
the
difference between the total amount to be
paid and the total
amount in the school district property tax
replacement fund, except that no transfer shall be made by reason of a deficiency to the extent that it results from the amendment of section 5727.84 of the Revised Code by Amended Substitute House Bill No. 95 of the 125th general assembly.
(J) If all of the territory of a school
district
or
joint vocational school district is merged with an existing district, or if a part of the territory of a school district or joint vocational school district is
transferred
to
an existing or new district,
the department of education, in
consultation
with the tax commissioner, shall adjust the
payments
made under
this section as follows:
(1) For the merger of all of the territory of two or more districts, the fixed-rate levy loss and the fixed-sum levy loss of the successor district shall be equal to the sum of the fixed-rate levy losses and the fixed-sum levy losses for each of the districts involved in the merger.
(2) For the transfer of a part of one district's territory to an existing district, the amount of the fixed-rate levy loss that is transferred to the recipient district shall be an amount equal to the transferring district's total fixed-rate levy loss times a fraction, the numerator of which is the value of electric company tangible personal property located in the part of the territory that was transferred, and the denominator of which is the total value of electric company tangible personal property located in the entire district from which the territory was transferred. The value of electric company tangible personal property under this division shall be determined for the most recent year for which data is available. Fixed-sum levy losses for both districts shall be determined under division (J)(4) of this section.
(3) For the transfer of a part of the territory of one or more districts to create a new district:
(a) If the new district is created on or after January 1, 2000, but before January 1, 2005, the new district shall be paid its current fixed-rate levy loss through August 2006 2008. From February 2007 2009 to August 2016, the new district shall be paid the lesser of: (i) the amount calculated under division (B)(C)(2) of this section or (ii) an amount determined under equal to the new district's fixed-rate levy loss multiplied by the percentage prescribed by the following schedule in division (A)(1) of section 5727.86 of the Revised Code, as if for this purpose the new district was a local taxing unit under that section. Fixed-sum:
YEAR |
PERCENTAGE |
2009 |
75% |
2010 |
70% |
2011 |
70% |
2012 |
60% |
2013 |
50% |
2014 |
40% |
2015 |
24% |
2016 |
11.5% |
2017 and thereafter |
0% |
Fixed-sum levy losses for the districts shall be determined under division (J)(4) of this section.
(b) If the new district is created on or after January 1, 2005, the new district shall be deemed not to have any fixed-rate levy loss or, except as provided in division (J)(4) of this section, fixed-sum levy loss. The district or districts from which the territory was transferred shall have no reduction in their fixed-rate levy loss, or, except as provided in division (J)(4) of this section, their fixed-sum levy loss.
(4) If a recipient district under division (J)(2) of this section or a new district under division (J)(3)(a) or (b) of this section takes on debt from one or more of the districts from which territory was transferred, and any of the districts transferring the territory had fixed-sum levy losses, the department of education, in consultation with the tax commissioner, shall make an equitable division of the fixed-sum levy losses.
(K) There is hereby created the public utility
property
tax
study
committee, effective January 1, 2011. The committee
shall
consist
of the following seven members: the tax
commissioner,
three
members of the senate appointed by the
president of the
senate,
and three members of the house of
representatives
appointed by the
speaker of the house of
representatives. The
appointments shall
be made not later than
January 31, 2011. The
tax commissioner shall be the
chairperson of
the committee.
The committee shall study the extent to which each school
district
or joint vocational school district has been compensated,
under
sections 5727.84 and 5727.85 of the Revised Code as enacted
by
Substitute Senate Bill No. 3 of the 123rd general assembly and
any
subsequent acts, for the property tax loss caused by the
reduction
in the assessment rates for natural gas, electric, and
rural electric company
tangible personal property. Not later than
June 30, 2011, the
committee shall issue a report of its findings,
including any
recommendations for providing additional
compensation for the
property tax loss or regarding remedial
legislation, to the
president of the senate and the speaker of the
house of
representatives, at which time the committee shall cease
to exist.
The department of taxation and department of education shall
provide such information and assistance as is required for the
committee to carry out its duties.
Sec. 5729.05. On or before October 15, 1965 and on or
before the fifteenth day of October each succeeding year, each
foreign insurance company shall pay to the treasurer of state an
amount equal to one-half of the previous calendar year's tax, before credits,
which was assessed and paid under section 5729.03 3737.71 of the Revised
Code and this chapter. This payment shall be considered as a partial payment of
the tax upon the business done in this state during the calendar
year in which the payment date provided by this paragraph is
contained.
At the time of filing its annual statement, each foreign
insurance company shall pay to the treasurer of state the tax
assessable under section 5729.03 3737.71 of the Revised Code and this chapter, calculated
by such company from such annual statement. The company may
deduct the part of such tax already paid as a partial payment.
The superintendent shall determine the correctness of the
reports and statements of insurance companies, compute the annual
tax provided for in such sections, and, on or before the
fifteenth day of May, prepare and furnish to the treasurer of
state lists of all taxable companies, showing as to each company
the whole amount of the annual tax computed by him the
superintendent. The treasurer of state, after deducting the tax already
paid, shall promptly notify each such company of any amount due, which amount
shall be paid by each such company to the treasurer of state by
the fifteenth day of June next succeeding. If a company has for
any reason overpaid or was illegally or erroneously assessed or
charged for collection a larger amount of tax than its annual tax
as computed by the superintendent of insurance and an application for refund was timely filed under section 5729.102 of the Revised Code, a refund of the
excess amount shall be paid from the tax refund fund created by
section 5703.052 of the Revised Code.
Sec. 5729.101. For the purposes of this section, interest shall be computed at a rate per calendar month, rounded to the nearest one-hundredth of one per cent, equal to one-twelfth of the rate per annum prescribed by section 5703.47 of the Revised Code for the calendar year that includes the month for which the interest accrues.
(A) When taxes levied by this chapter or by section 3737.71 of the Revised Code are assessed as the result of a tax return being filed late, the treasurer of state shall add interest to the taxes due. The interest shall accrue from the first day of the month following the last day on which the taxes were required to be paid had the assessment been certified by the date prescribed, to the last day of the month preceding the date on which the assessment was certified, and shall be computed on the basis of the taxes due.
(B) If an assessment has been certified pursuant to this chapter and an amended or final assessment is certified for the same taxpayer and the same tax year, the treasurer of state shall add interest to the deficiency or excess. The interest shall be computed on the excess or deficiency and shall accrue as follows:
(1) On a deficiency, interest shall accrue from the first day of the month following the last day on which the previous assessment was required to be paid to the last day of the month preceding the date on which the amended or final assessment is certified.
(2) On an excess, interest shall be allowed from the first day of the month following the date of payment of the previous assessment to the last day of the month preceding the date on which the amended or final assessment is certified.
Sec. 5729.102. (A) An application to refund to a foreign insurance company any taxes imposed by section 3737.71 of the Revised Code or this chapter that are overpaid, paid illegally or erroneously, or paid on any illegal, erroneous, or excessive assessment, with interest thereon as provided by section 5729.101 of the Revised Code, shall be filed with the superintendent of insurance, on the form prescribed by the superintendent, within three years after the date of the illegal, erroneous, or excessive payment of the tax. No refund shall be allowed unless an application has been filed in accordance with this section. The time limit imposed under this division may be extended if both the foreign insurance company and the superintendent of insurance agree in writing to the extension.
(B) Except as otherwise provided in this division, the superintendent may make an assessment against a foreign insurance company for any deficiency for the period for which a report, tax return, or tax payment is due for any taxes imposed by section 3737.71 of the Revised Code or this chapter, based on any information in the superintendent's possession. No assessment shall be made against a foreign insurance company more than three years after the later of the final date the report, tax return, or tax payment subject to the assessment was required to be filed or paid, or the date the report or tax return was filed, provided that there shall be no bar if the foreign insurance company failed to file the required report or tax return or if the deficiency results from fraud or any felonious act. The time limit may be extended if both the foreign insurance company and the superintendent agree in writing to the extension. For the purposes of this division, an assessment is made on the date the notification of the assessment is sent by the department of insurance or the date of an invoice for the assessment from the treasurer of state, whichever is earlier.
Sec. 5729.98. (A) To provide a uniform procedure for calculating the amount of tax due under this chapter, a taxpayer shall claim any credits and offsets against tax liability to which it is entitled in the following order:
(1) The credit for an insurance company or insurance company group under section 5729.031 of the Revised Code.
(2) The credit for eligible employee training costs under section 5729.07 of the Revised Code.
(3) The credit under section 5729.08 of the Revised Code for losses on loans made under the Ohio venture capital program under sections 150.01 to 150.10 of the Revised Code if the taxpayer elected a nonrefundable credit under section 150.07 of the Revised Code.
(4) The offset of assessments by the Ohio life and health insurance guaranty association against tax liability permitted by section 3956.20 of the Revised Code.
(5) The refundable credit for Ohio job creation under section 5729.032 of the Revised Code.
(6) The credit under section 5729.08 of the Revised Code for losses on loans made under the Ohio venture capital program under sections 150.01 to 150.10 of the Revised Code if the taxpayer elected a refundable credit under section 150.07 of the Revised Code.
(B) For any credit except the credits enumerated in divisions (A)(5) and (6) of this section, the amount of the credit for a taxable year shall not exceed the tax due after allowing for any other credit that precedes it in the order required under this section. Any excess amount of a particular credit may be carried forward if authorized under the section creating that credit. Nothing in this chapter shall be construed to allow a taxpayer to claim, directly or indirectly, a credit more than once for a taxable year.
Sec. 5733.01. (A) The tax provided by this chapter for
domestic corporations shall be the amount charged against each
corporation organized for profit under the laws of this state and
each nonprofit corporation organized pursuant to Chapter
1729. of
the Revised Code, except as provided in sections 5733.09
and
5733.10 of the Revised Code, for the privilege of exercising
its
franchise during the calendar year in which that amount is
payable, and the tax provided by this chapter for foreign
corporations shall be the amount charged against each corporation
organized for profit and each nonprofit corporation organized or
operating in the same or similar manner as nonprofit corporations
organized under Chapter 1729. of the Revised Code, under the laws
of any state or country other than this state, except as provided
in
sections 5733.09 and 5733.10 of the Revised Code, for the
privilege of doing business in this state, owning or using a part
or all of its capital or property in this state, holding a
certificate of compliance with the laws of this state authorizing
it to do business in this state, or otherwise having nexus in or
with
this state under the
Constitution of the
United
States,
during the calendar year in which
that amount is payable.
(B) A corporation is subject to the tax imposed by section
5733.06 of the Revised Code
for each calendar year that it is so
organized, doing
business, owning or using a part or all of its
capital or
property, holding a certificate of compliance, or
otherwise having nexus in or with
this state under the
Constitution of the
United
States,
on the first day
of January of
that calendar year.
(C) Any corporation subject to this chapter that is not
subject to the federal income tax shall file its returns and
compute its tax liability as required by this chapter in the same
manner as if that corporation were subject to the federal income
tax.
(D) For purposes of this chapter, a federally chartered
financial institution shall be deemed to be organized under the
laws of the state within which its principal office is located.
(E) For purposes of this chapter, any person, as defined in section 5701.01
of the Revised
Code, shall be
treated as a
corporation
if the person
is classified for federal
income tax
purposes as an association taxable as a corporation, and an equity interest in the person shall be treated as capital stock of the person.
(F) For the purposes of this chapter, "disregarded entity"
has the same meaning as in division (D) of section 5745.01 of the
Revised Code.
(1) A person's interest in a disregarded entity, whether
held directly or
indirectly, shall be treated as the person's
ownership of the
assets and liabilities of the disregarded entity,
and the income, including gain or loss,
shall be included in the
person's net income under this chapter.
(2) Any sale, exchange, or other disposition of the
person's
interest in the disregarded entity, whether held directly
or
indirectly,
shall be treated as a sale, exchange, or other
disposition of the
person's share of the disregarded entity's
underlying assets or liabilities, and the gain or
loss from such
sale, exchange, or disposition shall be included in
the person's
net income under this chapter.
(3) The disregarded entity's payroll, property, and sales
factors shall be
included in the person's factors.
(G) The tax a corporation is required to pay under this chapter shall be as follows:
(1)(a) For financial institutions, the greater of the minimum payment required under division (E) of section 5733.06 of the Revised Code or the difference between all taxes charged the financial institution under this chapter, without regard to division (G)(2) of this section, less any credits allowable against such tax.
(b) A corporation satisfying the description in division (E)(5), (6), (7), (8), or (10) of section 5751.01 of the Revised Code that is not a financial institution, insurance company, or dealer in intangibles is subject to the taxes imposed under this chapter as a corporation and not subject to tax as a financial institution, and shall pay the greater of the minimum payment required under division (E) of section 5733.06 of the Revised Code or the difference between all the taxes charged under this chapter, without regard to division (G)(2) of this section, less any credits allowable against such tax.
(2) For all corporations other than those persons described in division (G)(1)(a) or (b) of this section, the amount under division (G)(2)(a) of this section applicable to the tax year specified less the amount under division (G)(2)(b) of this section:
(a)(i) For tax year 2005, the greater of the minimum payment required under division (E) of section 5733.06 of the Revised Code or the difference between all taxes charged the corporation under this chapter and any credits allowable against such tax;
(ii) For tax year 2006, the greater of the minimum payment required under division (E) of section 5733.06 of the Revised Code or four-fifths of the difference between all taxes charged the corporation under this chapter and any credits allowable against such tax except the qualifying pass-through entity tax credit described in division (A)(30) and the refundable credits described in divisions (A)(31), (32), and (33), and (34) of section 5733.98 of the Revised Code;
(iii) For tax year 2007, the greater of the minimum payment required under division (E) of section 5733.06 of the Revised Code or three-fifths of the difference between all taxes charged the corporation under this chapter and any credits allowable against such tax except the qualifying pass-through entity tax credit described in division (A)(30) and the refundable credits described in divisions (A)(31), (32), and (33), and (34) of section 5733.98 of the Revised Code;
(iv) For tax year 2008, the greater of the minimum payment required under division (E) of section 5733.06 of the Revised Code or two-fifths of the difference between all taxes charged the corporation under this chapter and any credits allowable against such tax except the qualifying pass-through entity tax credit described in division (A)(30) and the refundable credits described in divisions (A)(31), (32), and (33), and (34) of section 5733.98 of the Revised Code;
(v) For tax year 2009, the greater of the minimum payment required under division (E) of section 5733.06 of the Revised Code or one-fifth of the difference between all taxes charged the corporation under this chapter and any credits allowable against such tax except the qualifying pass-through entity tax credit described in division (A)(30) and the refundable credits described in divisions (A)(31), (32), and (33) of section 5733.98 of the Revised Code;
(vi) For tax year 2010 and each tax year thereafter, no tax.
(b) A corporation shall subtract from the amount calculated under division (G)(2)(a)(ii), (iii), (iv), or (v) of this section any qualifying pass-through entity tax credit described in division (A)(30) and any refundable credits described in divisions (A)(31), (32), and (33), and (34) of section 5733.98 of the Revised Code to which the corporation is entitled. Any unused qualifying pass-through entity tax credit is not refundable.
(c) For the purposes of computing the amount of a credit that may be carried forward to a subsequent tax year under division (G)(2) of this section, a credit is utilized against the tax for a tax year to the extent the credit applies against the tax for that tax year, even if the difference is then multiplied by the applicable fraction under division (G)(2)(a) of this section.
(3) Nothing in division (G) of this section eliminates or reduces the tax imposed by section 5733.41 of the Revised Code on a qualifying pass-through entity.
Sec. 5733.352. (A) As used in this section:
(1) "Borrower" means any person that receives a loan from the director of development under section 166.21 of the Revised Code, regardless of whether the borrower is subject to the taxes imposed by sections 5733.06, 5733.065, and 5733.066 of the Revised Code.
(2) "Related member" has the same meaning as in section 5733.042 of the Revised Code.
(3) "Qualified research and development loan payments" has the same meaning as in division (D) of section 166.21 of the Revised Code.
(B) Beginning with tax year 2004, and in the case of a corporation subject to division (G)(2) of section 5733.01 of the Revised Code ending with tax year 2008, a nonrefundable credit is allowed against the taxes imposed by sections 5733.06, 5733.065, and 5733.066 of the Revised Code equal to a borrower's qualified research and development loan payments made during the calendar year immediately preceding the tax year for which the credit is claimed. The amount of the credit for a tax year shall not exceed one hundred fifty thousand dollars. No taxpayer is entitled to claim a credit under this section unless it has obtained a certificate issued by the director of development under division (D) of section 166.21 of the Revised Code and submits a copy of the certificate with its report for the taxable year. Failure to submit a copy of the certificate with the report does not invalidate a claim for a credit if the taxpayer submits a copy of the certificate within sixty days after the tax commissioner requests it. The credit shall be claimed in the order required under section 5733.98 of the Revised Code. The credit, to the extent it exceeds the taxpayer's tax liability for the tax year after allowance for any other credits that precede the credit under this section in that order, shall be carried forward to the next succeeding tax year or years until fully used. A corporation subject to division (G)(2) of section 5733.01 of the Revised Code may carry forward any credit not fully utilized by tax year 2008 and apply it against the tax levied by Chapter 5751. of the Revised Code to the extent allowed under section 5751.52 of the Revised Code.
(C) A borrower entitled to a credit under this section may assign the credit, or a portion thereof, to any of the following:
(1) A related member of that borrower;
(2) The owner or lessee of the eligible research and development project;
(3) A related member of the owner or lessee of the eligible research and development project.
A borrower making an assignment under this division shall provide written notice of the assignment to the tax commissioner and the director of development, in such form as the tax commissioner prescribes, before the credit that was assigned is used. The assignor may not claim the credit to the extent it was assigned to an assignee. The assignee may claim the credit only to the extent the assignor has not claimed it.
(D) If any taxpayer is a partner in a partnership or a member in a limited liability company treated as a partnership for federal income tax purposes, the taxpayer shall be allowed the taxpayer's distributive or proportionate share of the credit available through the partnership or limited liability company.
(E) The aggregate credit against the taxes imposed by sections 5733.06, 5733.065, 5733.066, and 5747.02 of the Revised Code that may be claimed under this section and section 5747.331 of the Revised Code by a borrower as a result of qualified research and development loan payments attributable during a calendar year to any one loan shall not exceed one hundred fifty thousand dollars.
Sec. 5733.56. Beginning in (A)(1) For tax year 2005, a telephone company taxpayer 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 taxpayer 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.
(2) A telephone company taxpayer shall claim the credit under division (A)(1) of this section 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, after allowance for any other credits preceding this credit in the order set forth in section 5733.98 of the Revised Code, the commissioner shall credit the excess against taxes due under that section 5733.06 of the Revised Code for succeeding tax years until the full amount of the credit is granted. Nothing
(B) For each of tax years 2006, 2007, and 2008, a taxpayer 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 refundable credit against the tax imposed by section 5733.06 of the Revised Code. For each tax year, the amount of the credit is the cost incurred by the taxpayer during that tax year's taxable year for providing the telephone service program. No cost incurred with respect to the credit that is allowable for a tax year shall be considered for purposes of computing the credit allowable for any other tax year.
(C) If the tax commissioner ascertains that any credit claimed pursuant to this section by a taxpayer was not correct, the commissioner shall ascertain the proper credit. No cost incurred after December 31, 2007, shall be considered for purposes of computing any credit allowed by this section.
(D) Nothing in this section authorizes a telephone company taxpayer to claim a credit under this section for any costs incurred for in providing a telephone service program for which it is either claiming a credit under former section 5727.44 of the Revised Code or receiving reimbursement for its costs under any other provision of the Revised Code.
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) For tax year 2005, 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
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 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 centers 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 For tax year 2005, the credit for providing programs to aid the communicatively impaired under division (A) of section 5733.56 of the Revised Code;
(29) The research and development credit under section 5733.352 of the Revised Code;
(30) For tax years 2006 and subsequent tax years, the credit for taxes paid by a qualifying pass-through entity allowed under section 5733.0611 of the Revised Code;
(31) The refundable jobs creation credit under
division
(A)
of section
5733.0610 of the Revised Code;
(32) The refundable credit for tax withheld under
division
(B)(2) of section 5747.062 of the Revised Code;
(33) 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;
(34) For tax years 2006, 2007, and 2008, the refundable credit allowable under division (B) of section 5733.56 of the Revised Code.
(B) For any credit except the
credits enumerated
in divisions (A) (31), (32), and (33), and (34) 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. 5735.27. (A) There is hereby created in the state
treasury the gasoline excise tax fund, which shall be distributed
in the following manner:
(1) The amount credited pursuant to divisions (B)(2)(a)
and (C)(2)(a) of section 5735.23 of the Revised Code shall be
distributed among municipal corporations. The amount paid to
each municipal corporation shall be that proportion of the amount
to be so distributed that the number of motor vehicles registered
within the municipal corporation bears to the total number of
motor vehicles registered within all the municipal corporations
of this state during the preceding motor vehicle registration
year. When a new village is incorporated, the registrar of motor
vehicles shall determine from the applications on file in the
bureau of motor vehicles the number of motor vehicles located
within the territory comprising the village during the entire
registration year in which the municipal corporation was
incorporated. The registrar shall forthwith certify the number
of motor vehicles so determined to the tax commissioner for use
in distributing motor vehicle fuel tax funds to the village
until the village is qualified to participate in the
distribution of the funds pursuant to this division. The number
of motor vehicle registrations shall be determined by the
official records of the bureau of motor vehicles. The amount
received by each municipal corporation shall be used to plan,
construct, reconstruct, repave, widen, maintain, repair, clear,
and clean public highways, roads, and streets; to maintain and
repair bridges and viaducts; to purchase, erect, and maintain
street and traffic signs and markers; to pay the costs
apportioned to the municipal corporation under section 4907.47 of
the Revised Code; to purchase, erect, and maintain traffic lights
and signals; to pay the principal, interest, and charges on bonds
and other obligations issued pursuant to Chapter 133. of the
Revised Code or incurred pursuant to section 5531.09 of the Revised Code for the purpose of acquiring or constructing roads,
highways, bridges, or viaducts or acquiring or making other
highway improvements for which the municipal corporation may
issue bonds; and to supplement revenue already available for these
purposes.
(2) The amount credited pursuant to division (B) of
section 5735.26 of the Revised Code shall be distributed among
the municipal corporations within the state, in the proportion
which the number of motor vehicles registered within each
municipal corporation bears to the total number of motor vehicles
registered within all the municipal corporations of the state
during the preceding calendar year, as shown by the official
records of the bureau of motor vehicles, and shall be expended by
each municipal corporation to plan, construct, reconstruct,
repave, widen, maintain, repair, clear, and clean public
highways, roads and streets; 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 costs apportioned to the municipal
corporation under section 4907.47 of the Revised Code; to pay the
principal, interest, and charges on bonds and other obligations
issued pursuant to Chapter 133. of the Revised Code or incurred pursuant to section 5531.09 of the Revised Code for the
purpose of acquiring or constructing roads, highways, bridges, or
viaducts or acquiring or making other highway improvements for
which the municipal corporation may issue bonds; and to
supplement revenue already available for these purposes.
(3) The amount credited pursuant to divisions (B)(2)(b)
and (C)(2)(c) of section 5735.23 of the Revised Code shall be
paid in equal proportions to the county treasurer of each county
within the state and shall be used only for the purposes of
planning, maintaining, and repairing the county system of public
roads and highways within the county; the planning,
construction, and repair of walks or paths along county roads in
congested areas; the planning, construction, purchase, lease,
and maintenance of
suitable buildings for the housing and repair of county road
machinery, housing of supplies, and housing of personnel associated
with the machinery and supplies; the
payment of costs apportioned to the county under section 4907.47
of the Revised Code; the payment of principal, interest, and
charges on bonds and other obligations issued pursuant to Chapter
133. of the Revised Code or incurred pursuant to section 5531.09 of the Revised Code for the purpose of acquiring or
constructing roads, highways, bridges, or viaducts or acquiring
or making other highway improvements for which the board of
county commissioners may issue bonds under that chapter; and the
purchase, installation, and maintenance of traffic signal lights.
(4) The amount credited pursuant to division (C) of
section 5735.26 of the Revised Code shall be paid in equal
proportions to the county treasurer of each county for the
purposes of planning, maintaining, constructing, widening, and
reconstructing the county system of public roads and highways;
paying principal, interest, and charges on bonds and other
obligations issued pursuant to Chapter 133. of the Revised Code
or incurred pursuant to section 5531.09 of the Revised Code for the purpose of acquiring or constructing roads, highways,
bridges, or viaducts or acquiring or making other highway
improvements for which the board of county commissioners may
issue bonds under that chapter; and paying costs apportioned to
the county under section 4907.47 of the Revised Code.
(5)(a) The amount credited pursuant to division (D) of
section 5735.26 and division (C)(2)(b) of section 5735.23 of the
Revised Code shall be divided in equal proportions among the
townships within the state.
(b) As used in division (A)(5)(b) of this section, the "formula amount" for any township is the amount that would be allocated to that township if fifty per cent of the amount credited to townships pursuant to section 5735.291 of the Revised Code were allocated among townships in the state proportionate to the number of lane miles within the boundaries of the respective townships, as determined annually by the department of transportation, and the other fifty per cent of the amount credited pursuant to section 5735.291 of the Revised Code were allocated among townships in the state proportionate to the number of motor vehicles registered within the respective townships, as determined annually by the records of the bureau of motor vehicles.
Beginning on August 15, 2003, the tax levied by section 5735.29 of the Revised Code shall be partially allocated to provide funding for townships. Each township shall receive the greater of the following two calculations:
(i) The total statewide amount credited to townships under division (A) of section 5735.291 of the Revised Code divided by the number of townships in the state at the time of the calculation;
(ii) Seventy per cent of the formula amount for that township.
(c) The total difference between the amount of money credited to townships under division (A) of section 5735.291 of the Revised Code and the total amount of money required to make all the payments specified in division (A)(5)(b) of this section shall be deducted, in accordance with division (B) of section 5735.291 of the Revised Code, from the revenues resulting from the tax levied pursuant to section 5735.29 of the Revised Code prior to crediting portions of such revenues to counties, municipal corporations, and the highway operating fund.
(d) All amounts credited pursuant to divisions (A)(5)(a) and (b) of this section shall be paid to the county
treasurer of each county for the total amount payable to the
townships within each of the counties. The county treasurer
shall pay to each township within the county its
proportional share of the funds, which shall be expended by each
township for the sole purpose only for the purposes of planning, constructing,
maintaining, widening, and reconstructing the public roads and
highways within the township, paying principal, interest, and charges on obligations incurred pursuant to section 5531.09 of the Revised Code, and paying costs apportioned to
the township under section 4907.47 of the Revised Code.
No part of the funds designated for road and highway purposes shall be used for any purpose except
to pay in whole or part the contract price of any such work done
by contract, or to pay the cost of labor in planning,
constructing, widening, and reconstructing such roads and
highways, and the cost of materials forming a part of the
improvement; provided that the funds may be used for the
purchase of road machinery and equipment and for the planning,
construction, and maintenance of suitable buildings for housing
road machinery and equipment, and that all such improvement of
roads shall be under supervision and direction of the county
engineer as provided in section 5575.07 of the Revised Code. No
obligation against the funds shall be incurred unless plans and
specifications for the improvement, approved by the county
engineer, are on file in the office of the township fiscal officer, and
all contracts for material and for work done by contract shall be
approved by the county engineer before being signed by the board
of township trustees. The board of township trustees of any
township may pass a resolution permitting the board of county
commissioners to expend the township's share of the funds, or
any portion of it, for the improvement of the roads within the
township as may be designated in the resolution.
All investment earnings of the fund shall be credited to
the fund.
(B) Amounts credited to the highway operating fund
pursuant to divisions (B)(2)(c) and (C)(2)(d) of section 5735.23
and division (A) of section 5735.26 of the Revised Code shall be
expended in the following manner:
(1) The amount credited pursuant to divisions (B)(2)(c)
and (C)(2)(d) of section 5735.23 of the Revised Code shall be
apportioned to and expended by the department of transportation
for the purposes of planning, maintaining, repairing, and keeping
in passable condition for travel the roads and highways of the
state required by law to be maintained by the department; paying
the costs apportioned to the state under section 4907.47 of the
Revised Code; paying 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; and paying the costs of the
department of public safety in administering and enforcing the
state law relating to the registration and operation of motor
vehicles.
(2) The amount credited pursuant to division (A) of
section 5735.26 of the Revised Code shall be used for paying the
state's share of the cost of planning, constructing, widening,
maintaining, and reconstructing the state highways; paying 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; and also for supplying the state's share of the
cost of eliminating railway grade crossings upon such highways
and costs apportioned to the state under section 4907.47 of the
Revised Code. The director of transportation may expend portions
of such amount upon extensions of state highways within municipal
corporations or upon portions of state highways within municipal
corporations, as is provided by law.
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 and, solely for the purposes of division (B)(12) of this section, a person who meets all the qualifications of that division.
(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 (B)(43)(42)(g) of section 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;
(12) Machinery and equipment, detergents, supplies, solvents, and any other tangible personal property located at a manufacturing facility that are used in the process of removing soil, dirt, or other contaminants from, or otherwise preparing in a suitable condition for use, towels, linens, articles of clothing, floor mats, mop heads, or other similar items, to be supplied to a consumer as part of laundry and dry cleaning services as defined in division (BB) of section 5739.01 of the Revised Code, only when the towels, linens, articles of clothing, floor mats, mop heads, or other similar items belong to the provider of the services.
(C) For purposes of division (B)(43)(42)(g) of section 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 (B)(43)(42)(g) of section 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. 5739.026. (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;
(10) To provide revenue for the provision of ambulance, paramedic, or other emergency medical services.
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
be subject to a referendum as provided in
sections 305.31
to 305.41 of the Revised Code. Unless the resolution is adopted as an emergency measure, or is to be submitted to the electors of the county under division (D)(2)(a) of this section, the resolution shall be adopted at least one hundred twenty days prior to the date on which the tax or the increased rate of tax is to go into effect. 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), (9), and (10) of
this section, or is
exclusively
for one of the
purposes set forth in division (A)(1), (2), (4),
(5), (6),
(7), (9), or (10) 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), (9), and (10) 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
sixty-fifth day
following the
date the
board of
county commissioners
and tax
commissioner 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 the tax
commissioner
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 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
next following the sixty-fifth day after 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 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. 5739.211. (A) The moneys received by a county
levying an additional sales tax pursuant to section 5739.021 of
the Revised Code shall be deposited in the county general fund to
be expended for any purpose for which general fund moneys of the
county may be used, including the acquisition or construction of
permanent improvements or to make payments in accordance with section 333.06 or 333.07 of the Revised Code, or in the bond retirement fund for the
payment of debt service charges on notes or bonds of the county
issued for the acquisition or construction or of permanent
improvements. The amounts to be deposited in each of such funds
shall be determined by the board of county commissioners.
(B) The moneys received by a county levying an additional
sales tax pursuant to section 5739.026 of the Revised Code shall
be deposited in a separate fund, which shall be allocated and
distributed in accordance with the resolution adopted under such
section. Moneys allocated for the purpose of division (A)(4) of
section 5739.026 of the Revised Code shall be transferred to and
disbursed from the community improvements fund in the county
treasury. Notwithstanding section 135.351 of the Revised Code,
if an allocation of moneys to a convention facilities authority
or a transit authority is required pursuant to division (C) of
section 5739.026 of the Revised Code, the county shall pay and
distribute each authority's share of any such moneys to its
fiscal officer within five business days of the date of their
receipt by the county. If the moneys allocated under such
division are not so paid, the county shall pay to such authority
any interest that the county has received or will receive on such
moneys that accrues from the date the county received the moneys,
together with the principal amount of such moneys.
(C) The moneys received by a transit authority levying an
additional sales tax pursuant to section 5739.023 of the Revised
Code shall be deposited in such fund or funds of the transit
authority as determined by the legislative authority of the
transit authority to be expended for any purpose for which a
county transit board or the board of county commissioners operating a
county transit system, in the case of a county, or the board of
trustees of a regional transit authority, in the case of a
regional transit authority, may expend moneys under their
control, including the purchase, acquisition, construction,
replacement, improvement, extension, or enlargement of permanent
improvements and for the payment of debt service charges on notes
or bonds of the transit authority.
Sec. 5741.031. (A) The funds received by a county levying
an additional use tax pursuant to section 5741.021 of the Revised
Code shall be deposited in the county general fund to be expended
for any purpose for which general fund moneys of the county may
be used, including the acquisition or construction of permanent
improvements or to make payments in accordance with section 333.06 or 333.07 of the Revised Code, or in the bond retirement fund for the payment of
debt service charges on notes or bonds of the county issued for
the acquisition or construction of permanent improvements, or in
the bond retirement fund for the payment of debt service charges
on notes or bonds of the county issued for the acquisition or
construction of permanent improvements. The amounts to be
deposited in each of such funds shall be determined by the board
of county commissioners.
(B) The moneys received by a county levying an additional
use tax pursuant to section 5741.023 of the Revised Code shall be
deposited in a separate fund, which shall be allocated,
distributed, and used in accordance with the resolution adopted
under section 5739.026 of the Revised Code. Moneys allocated for
the purpose of division (A)(4) of section 5739.026 of the Revised
Code shall be transferred to and disbursed from the community
improvements fund in the county treasury. Notwithstanding
section 135.351 of the Revised Code, if an allocation of moneys
to a convention facilities authority or a transit authority is
required pursuant to division (C) of section 5739.026 of the
Revised Code, the county shall pay and distribute each
authority's share of any such moneys to its fiscal officer within
five business days of the date of their receipt by the county. If the moneys
allocated under such division are not so paid, the
county shall pay to such authority any interest that the county
has received or will receive on such moneys that accrues from the
date the county received the moneys, together with the principal
amount of such moneys.
(C) The funds received by a transit authority levying an
additional use tax pursuant to section 5741.022 of the Revised
Code shall be deposited in such fund or funds of the transit
authority as determined by the legislative authority of the
transit authority to be expended for any purpose for which a
county transit board or the board of county commissioners operating a
county transit system, in the case of a county, or the board of
trustees of a regional transit authority, in the case of a
regional transit authority, may expend moneys under their
control, including the purchase, acquisition, construction,
replacement, improvement, extension, or enlargement of permanent
improvements or in the bond retirement fund for the payment of
debt service charges on notes or bonds of the transit authority.
Sec. 5743.021. (A) As used in this section, "qualifying regional arts and cultural district" means a regional arts and cultural district created under section 3381.04 of the Revised Code in a county having a population of one million two hundred thousand or more according to the 2000 federal decennial census.
(B) For one or more of the purposes for which a tax may be levied under section 3381.16 of the Revised Code and for the purposes of paying the expenses of administering the tax and the expenses charged by a board of elections to hold an election on a question submitted under this section, the board of county commissioners of a county that has within its territorial boundaries a qualifying regional arts and cultural district may levy a tax on the sale of cigarettes sold for resale at retail in the county composing the district. The rate of the tax, when added to the rate of any other tax concurrently levied by the board under this section, shall not exceed fifteen mills per cigarette, and shall be computed on each cigarette sold. Only one sale of the same article shall be used in computing the amount of tax due. The tax may be levied for any number of years not exceeding ten years.
The tax shall be levied pursuant to a resolution of the
board of county commissioners approved by a majority of the electors in
the county voting on the question of levying the tax. The
resolution shall specify the rate of the tax, the number of years
the tax will be levied, and the purposes for which the tax is
levied. The election may be held on the date of a general, primary, or
special election held not sooner than seventy-five days after the
date the board certifies its resolution to the board of
elections. If approved by the electors, the tax shall take
effect on the first day of the month specified in the resolution
but not sooner than the first day of the month that is at least
sixty days after the certification of the election results by the
board of elections. A copy of the resolution levying the tax
shall be certified to the tax commissioner at least sixty days
prior to the date on which the tax is to become effective.
(C) The form of the ballot in an election held under this section shall be as follows, or in any other form acceptable to the secretary of state:
"For the purpose of .......... (insert the purpose or purposes of the tax), shall an excise tax be levied throughout .......... County for the benefit of the ........... (name of the qualifying regional arts and cultural district) on the sale of cigarettes at wholesale at the rate of .... mills per cigarette for ..... years?
|
|
For the tax |
|
|
|
Against the tax |
" |
(D) The treasurer of state shall credit all moneys arising from taxes
levied on behalf of each district under this section and section
5743.321 of the Revised Code as follows:
(1) To the tax refund fund created by section 5703.052 of
the Revised Code, amounts equal to the refunds from each tax
levied under this section certified by the tax commissioner
pursuant to section 5743.05 of the Revised Code;
(2) Following the crediting of amounts pursuant to
division (D)(1) of this section:
(a) To the permissive tax distribution fund created under
section 4301.423 of the Revised Code, an
amount equal to ninety-eight per cent of the remainder collected;
(b) To the local excise tax administrative fund, which is
hereby created in the state treasury, an amount equal to two per
cent of such remainder, for use by the tax commissioner in
defraying costs incurred in administering the tax.
On or before the second working day of each month, the
treasurer of state shall certify to the tax commissioner the
amount of taxes levied on behalf of each district under sections 5743.021 and
5743.321 of the Revised Code and paid to the treasurer of state during the preceding
month.
On or before the tenth day of each month, the tax
commissioner shall distribute the amount credited to the
permissive tax distribution fund during the preceding month by
providing for payment of the appropriate amount to the county
treasurer of the county in which the tax is levied.
Sec. 5743.025. In addition to the return required by
section 5743.03 of the Revised Code, each retail dealer in a
county levying in which a tax is levied under section 5743.021, 5743.024, or
5743.026 of the Revised Code
shall, within thirty days after the date on which a tax levied
under such section the tax takes effect, make and file a return, on forms
prescribed by the tax commissioner, showing the total number of
cigarettes which such retail dealer had on hand as of the
beginning of business on the date on which the tax takes effect,
and such other information as the commissioner deems necessary
for the administration of section 5743.021, 5743.024, or 5743.026 of the Revised
Code. Each retail dealer shall deliver the return together with a
remittance of the additional amount of tax due on the cigarettes
shown on such return to the treasurer of state. The treasurer of
state shall stamp or otherwise mark on the return the date it was
received and shall also show thereon by stamp or otherwise
the tax payment remitted with the return. Thereafter, the
treasurer of state shall immediately transmit all returns filed
under this section to the tax commissioner. Any retail dealer
who fails to file a return under this section shall, for each day
the retail dealer so fails, forfeit and pay into the state
treasury the sum of
one dollar as revenue arising from the tax imposed by section 5743.021,
5743.024, or 5743.026 of the Revised Code, and such sum may be
collected by
assessment in the manner provided in section 5743.081 of the
Revised Code. For thirty days after the effective date of a tax
imposed by section 5743.021, 5743.024, or 5743.026 of the Revised Code, a retail
dealer
may possess for sale or sell in the
county in which
the tax is levied cigarettes not bearing the stamp or impression
required
by section 5743.03 of the Revised Code to evidence payment of the
county tax but on which the tax has or will be paid.
Sec. 5743.03. (A) Except as provided in section 5743.04 of
the
Revised Code, the taxes imposed under sections 5743.02, 5743.021,
5743.024, and 5743.026 of the Revised Code
shall be paid
by the
purchase of
stamps. A stamp shall be affixed to each
package of an aggregate
denomination not less than the amount of
the tax upon
the
contents thereof. The stamp, so affixed, shall
be prima-facie
evidence of payment of the tax.
Except as is
provided in the
rules prescribed by the tax commissioner under
authority of
sections 5743.01 to 5743.20 of the Revised Code, and
unless tax
stamps have been previously affixed, they shall be so
affixed by
each wholesale dealer, and canceled by writing or
stamping across
the face thereof the number assigned to such
wholesale dealer by
the tax commissioner for that purpose, prior
to the delivery of
any cigarettes to any person in this state, or
in the case of a
tax levied pursuant to section 5743.021, 5743.024, or
5743.026 of the Revised
Code,
prior to the delivery of cigarettes
to any person in the
county
in which the tax is levied.
(B) Except as provided in the rules prescribed by the
commissioner under authority of sections 5743.01 to 5743.20 of
the
Revised Code,
each retail dealer, within twenty-four hours after
the
receipt of any cigarettes at the retail dealer's place
of business, shall inspect the cigarettes to ensure that tax stamps are affixed. The inspection shall be completed before the cigarettes are delivered to any person in this state, or,
in the
case of a tax levied pursuant to section 5743.021, 5743.024, or
5743.026 of the
Revised
Code, before the cigarettes are delivered to any
person in the county
in which the tax is levied.
(C) Whenever any cigarettes are found in the place of
business
of any retail dealer without proper tax stamps affixed
thereto
and canceled, it is presumed that such cigarettes are kept
therein in violation of sections 5743.01 to 5743.20 of the
Revised
Code.
(D) Each wholesale dealer who
purchases
cigarettes without proper tax stamps affixed thereto
shall, on or
before the thirty-first day of the month following
the close of
each semiannual period, which period shall end on the
thirtieth
day of June and the thirty-first day of December of each
year,
make and file a return of the preceding semiannual period,
on
such form as is prescribed by the tax commissioner, showing the
dealer's entire purchases and sales of cigarettes and stamps or
impressions for such semiannual period and accurate inventories
as
of the beginning and end of each semiannual period of
cigarettes,
stamped or unstamped; cigarette tax stamps affixed or
unaffixed
and unused meter impressions; and such other
information as the
commissioner finds necessary to the proper
administration of
sections 5743.01 to 5743.20 of the Revised
Code. The commissioner
may extend the time for making and filing
returns and may remit
all or any part of amounts of penalties
that may become due
under
sections 5743.01 to 5743.20 of the
Revised Code. The
wholesale dealer shall deliver the
return together with
a remittance
of the tax deficiency reported
thereon to the
treasurer of state.
The treasurer of state shall
stamp or
otherwise mark on the return
the date it was received and shall
also
show thereon by stamp or
otherwise a payment
or nonpayment of
the deficiency shown by the
return. Thereafter,
the treasurer of
state shall immediately
transmit all returns
filed under this
section to the commissioner.
(E) Any wholesale dealer who fails to file a return
under this section and
the rules of the commissioner, other than a
report required pursuant to division (F) of this section, may be
required, for each
day the dealer
so fails, to
forfeit and pay
into the state treasury the sum of one dollar as
revenue arising
from the tax imposed by sections 5743.01 to
5743.20 of the Revised
Code and such sum may be collected by
assessment in the manner
provided in section 5743.081 of the
Revised Code. If the
commissioner finds it
necessary in
order to insure the payment of
the tax imposed by sections
5743.01 to 5743.20 of the Revised
Code, the commissioner may require
returns and
payments to be made
other than semiannually. The returns shall
be signed by the
wholesale dealer or an authorized
agent thereof.
(F) Each person required to file a tax return under section
5743.03, 5743.52, or 5743.62 of the Revised Code shall report to
the commissioner the quantity of all cigarettes and roll-your-own
cigarette tobacco sold in Ohio for each brand not covered by the
tobacco master settlement agreement for which the person is liable
for the taxes levied under section 5743.02, 5743.51, or 5743.62 of
the Revised Code.
As used in this division, "tobacco master settlement
agreement" has the same meaning as in section 183.01 of the
Revised Code.
(G) The report required by division (F) of this section
shall be made on a form prescribed by the commissioner and shall
be filed not later than the last day of each month for the
previous month, except that if the commissioner determines that
the quantity reported by a person does not warrant monthly
reporting, the commissioner may authorize reporting at less
frequent intervals. The commissioner may assess a penalty of not
more than two hundred fifty dollars for each month or portion
thereof that a person fails to timely file a required report, and
such sum may be collected by assessment in the manner provided in
section 5743.081 of the Revised Code. All
money collected under
this division shall be considered as revenue
arising from the
taxes imposed by sections 5743.01 to 5743.20 of
the Revised Code.
Sec. 5743.04. The tax commissioner shall design and
procure
the stamps provided for in section 5743.03 of the Revised
Code and
shall enforce and administer sections 5743.01 to 5743.44
of the
Revised Code. With respect to packages containing any
number of
cigarettes other than twenty, if the commissioner finds
that it is
practicable to collect the taxes levied under
sections 5743.02, 5743.021,
5743.024, and
5743.026 of the Revised Code by
any method
other
than that provided in this section and section
5743.03 of
the
Revised Code,
the commissioner may by rule
prescribe such
other
method for payment of the taxes upon such packages of
cigarettes
as will adequately protect the revenue; provided, that
in any
case
where the commissioner prescribes that the taxes upon
such
packages of cigarettes shall be paid on the basis of returns
filed
by a wholesale or retail dealer, said returns, together
with
a
remittance of all taxes due as shown thereon, shall be
filed
with
the treasurer of state not later than the tenth day of
the
month
following the month in which such cigarettes are sold
in
this
state. The commissioner may promulgate rules in
accordance
with
sections 119.01 to 119.13 of the Revised Code as
the
commissioner
deems necessary to carry out sections
5743.01 to
5743.44 of
the
Revised Code and may adopt different detailed rules
applicable to
diverse methods and conditions of sale of
cigarettes, prescribing,
in each class of cases, upon whom, as
between the wholesale dealer
and the retail dealer, the primary
duty of affixing stamps shall
rest, and the manner in which
stamps
shall be affixed. A copy of
such rules shall be furnished
to
every licensed dealer as provided
in sections 119.01 to 119.13
of
the Revised Code. Any such rule
so furnished which excuses a
wholesale dealer from affixing stamps
under the circumstances of
the particular case shall be a defense
in the prosecution of such
dealer for violation of section 5743.03
of the Revised Code.
The commissioner,
after determining that it
is
practicable
to evidence payment of the taxes levied under
sections 5743.02, 5743.021,
5743.024, and 5743.026 of the Revised
Code by impression made by
a
metering device, shall by resolution
provide that such metering
device may be used in lieu of the
stamps otherwise provided for
in
section 5743.03 of the Revised
Code. The commissioner may
authorize any wholesale or retail
dealer to use the metering
device approved by
the
commissioner. Such device before
being
used shall be
sealed by
the treasurer of state, and shall be used
only in
accordance with
the rules prescribed by the commissioner.
Wholesale and retail dealers authorized to use said device
shall prepay the tax represented by meter impressions and shall
deliver the metering device to the treasurer of state or county
treasurer in the county in which the place of business of any
wholesaler or retailer is located if such treasurer is designated
by the treasurer of state, who shall seal the meter in accordance
with the prepayments so made.
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 5743.021, 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 5743.021, 5743.024, or 5743.026 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
dealers in this state and to
wholesale dealers outside this state on credit. 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, with surety to the
satisfaction of the 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 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. 5743.08. Whenever the tax commissioner discovers any
cigarettes which are being shipped, or which have been shipped, or transported in violation of section 2927.023 of the Revised Code, or discovers cigarettes, subject to the taxes levied under section 5743.02, 5743.021,
5743.024, or 5743.026 of the Revised Code,
and upon
which the
taxes have not been paid or that are held for sale or distribution in violation of any other provision of this chapter, the commissioner may seize and
take
possession of such cigarettes, which shall thereupon be
forfeited
to the state, and the commissioner, within a
reasonable time
thereafter sell or destroy the
forfeited cigarettes. If the commissioner sells cigarettes under this section, the commissioner shall use proceeds from the sale to pay the costs incurred in the proceedings. Any proceeds remaining after all costs have been paid shall be considered revenue arising from the taxes levied under this chapter. Seizure and sale shall not be deemed to
relieve any
person from the fine or imprisonment
provided for
violation of
sections 5743.01 to 5743.20 of the
Revised Code.
A sale shall
be made where it is
most convenient and economical.
The
tax
commissioner may order the
destruction of the forfeited
cigarettes
if the quantity or quality of the
cigarettes is not
sufficient to
warrant their sale.
Sec. 5743.081. (A) If any wholesale dealer or retail
dealer
fails to pay the tax levied under section 5743.02, 5743.021,
5743.024, or
5743.026 of the Revised Code
as required by sections
5743.01 to
5743.20 of the Revised Code, and by the
rules of the
tax
commissioner, or fails to collect the tax from
the purchaser
or
consumer, the commissioner may make an
assessment against the
wholesale or retail dealer based upon any
information in the
commissioner's possession.
The commissioner may make an assessment against any
wholesale
or retail dealer who fails to file a return required by
section
5743.03 or 5743.025 of the Revised Code.
No assessment shall be made against any wholesale or retail
dealer for any taxes imposed under section 5743.02, 5743.021, 5743.024, or
5743.026 of the Revised Code more than
three years
after the last
day of the calendar month
that immediately
follows
the
semiannual
period prescribed in section 5743.03 of the
Revised
Code in
which
the sale was made, or more than three years
after
the semiannual
return for such period is filed, whichever is
later. This section
does not bar an assessment against any
wholesale or retail dealer
who fails to file a return as required
by section
5743.025 or
5743.03
of the Revised Code, or
who files
a
fraudulent return.
A penalty of up to thirty per cent may be added to
the amount
of every assessment made under this section. The commissioner
may
adopt rules providing for the imposition and remission of
penalties
added to
assessments made under this section.
The commissioner shall give the party assessed written
notice
of the assessment
in the manner
provided in section 5703.37 of
the Revised
Code.
The notice shall specify separately any portion
of the
assessment
that represents a county tax.
With the notice,
the commissioner shall provide instructions on how to petition for
reassessment and request a hearing on the petition.
(B) Unless the party
assessed files with the
tax
commissioner within sixty
days
after
service of the notice of
assessment, either personally
or by
certified mail, a
written
petition for reassessment
signed by
the party
assessed or
that
party's
authorized agent
having
knowledge of the facts, the
assessment
becomes
final
and the
amount of the assessment
is due
and payable from
the party
assessed to the treasurer of
state.
The
petition shall
indicate
the objections of the party
assessed,
but
additional
objections
may be raised in writing if
received
by
the
commissioner prior to the date shown on
the final
determination.
If the petition
has been properly filed, the commissioner
shall
proceed under
section 5703.60 of the Revised Code.
(C) After an assessment becomes final, if any portion of
the
assessment remains unpaid, including accrued interest, a
certified
copy of the
tax
commissioner's entry making the assessment final
may
be filed in
the office of the clerk of the court of common
pleas
in the
county in which the wholesale or retail dealer's
place of
business is located or the county in which the party
assessed
resides. If the party assessed maintains no place of
business in
this state and is not a resident of this state, the
certified
copy
of the entry may be filed in the office of the
clerk of the
court
of common pleas of Franklin county.
Immediately upon the filing of the
commissioner's
entry,
the
clerk shall enter a judgment for the
state
against the party
assessed in the amount shown on the entry.
The
judgment may be
filed by the clerk in a loose-leaf book
entitled
"special
judgments for state cigarette sales tax," and
shall have the same
effect as
other judgments. Execution shall
issue upon the
judgment upon
the request of the tax commissioner,
and all laws
applicable to
sales on execution shall apply to sales
made under
the judgment,
except as otherwise provided in sections
5743.01 to
5743.20 of the Revised
Code.
The portion of the assessment not paid within
sixty days
after the assessment was issued shall bear
interest
at the rate
per annum prescribed by section 5703.47 of the
Revised Code from
the day the
commissioner issues the assessment until it is
paid.
Interest shall be paid
in the same manner as the
tax and
may
be
collected by the issuance of an
assessment under this
section.
(D) All money collected by the
tax commissioner under this
section shall be paid to the treasurer of state, and when paid
shall be considered as revenue arising from the taxes imposed by
sections 5743.01 to 5743.20 of the Revised Code.
Sec. 5743.12. No person shall make a false entry upon an
invoice, package, or
container of cigarettes upon which an entry
is required by sections 5743.01 to
5743.20 of the Revised Code,
nor shall any person present any such false entry
for the
inspection of the tax commissioner with intent to evade the tax
levied
under section 5743.02, 5743.021,
5743.024, or
5743.026 of
the
Revised Code.
Sec. 5743.13. No person shall falsely or fraudulently make,
forge, alter, or
counterfeit any stamp prescribed by the tax
commissioner under section 5743.03
of the Revised Code, or cause
to be falsely or fraudulently made, forged,
altered, or
counterfeited any such stamp, or possess any counterfeiting
device,
or knowingly and willfully utter, publish, pass, or tender
as true, any such
false, altered, forged, or counterfeited stamp,
or use more than once any such
stamp for the purpose of evading
the tax levied under section 5743.02, 5743.021,
5743.024, or
5743.026 of
the Revised Code.
Sec. 5743.15. (A) No person shall engage in this state in the wholesale
or retail business of trafficking in cigarettes or in the business of a manufacturer or importer of cigarettes
without having a license to conduct each such activity issued by a county auditor under division (B) of this section or the tax commissioner under division (E) of this section, except that on dissolution of
a partnership by death, the surviving partner may operate under
the license of the partnership until expiration of the license,
and 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 succeeded
in possession by such heir, representative, receiver, or trustee
in bankruptcy.
(B) Each applicant for a license to engage in the wholesale or retail business of trafficking in cigarettes under this section, annually,
on or before the fourth Monday of May, shall make and deliver to
the county auditor of the county in which the applicant
desires to engage in
the wholesale or retail business of trafficking in cigarettes,
upon a blank furnished by such auditor for that purpose, a
statement showing the name of the applicant, each place in the
county where the applicant's business is conducted, the nature of
the business, and any other information the tax commissioner
requires in the form of statement prescribed by the
commissioner. If the applicant is a firm, partnership, or association other than a corporation, the application shall state the name and address of each of its members. If the applicant is a corporation, the application shall state the name and address of each of its officers. At the time
of making the application required by this section, every person
desiring to engage in the wholesale business of trafficking in
cigarettes shall pay into the county treasury a license tax in
the sum of two hundred dollars, or if desiring to engage in the
retail business of trafficking in cigarettes, a license tax in
the sum of thirty dollars for each of the first five places where
the person proposes to carry on such business and twenty-five
dollars for
each additional place. Each place of business shall be deemed
such space, under lease or license to, or under the control of,
or under the supervision of the applicant, as is contained in one
or more contiguous, adjacent, or adjoining buildings constituting
an industrial plant or a place of business operated by, or under
the control of, one person, or under one roof and connected by
doors, halls, stairways, or elevators, which space may contain
any number of points at which cigarettes are offered for sale,
provided that each additional point at which cigarettes are
offered for sale shall be listed in the application.
Upon receipt of the application
and exhibition of the county treasurer's receipt showing the
payment of the tax, the county auditor shall issue to the
applicant a license for each place of business designated in the
application, authorizing the applicant to engage in such business
at such place for one year commencing on the fourth Monday of
May. Companies operating club or dining cars or other cars upon
which cigarettes are sold shall obtain licenses at railroad
terminals within the state, under such rules as are prescribed by
the commissioner. The form of the license shall be prescribed by
the commissioner. A duplicate license may be obtained from the
county auditor upon payment of a fifty cent fee if the original
license is lost, destroyed, or defaced. When an application is
filed after the fourth Monday of May, the license tax required to
be paid shall be proportioned in amount to the remainder of the
license year, except that it shall not be less than one fifth of
the whole amount in any one year.
The holder of a wholesale or retail dealer's cigarette
license may transfer the license to a place of business within
the same county other than that designated on the license or may
assign the license to another person for use in the same county
on condition that the licensee or assignee, whichever is
applicable, make application to the county auditor therefor, upon
forms approved by the commissioner and the payment of a fee of
one dollar into the county treasury.
(C)(1) The wholesale cigarette license tax revenue
collected under this section shall be distributed as follows:
(a) Thirty-seven and one-half per cent shall be paid upon
the warrant of the county auditor into the treasury of the
municipal corporation or township in which the place of business
for which the tax revenue was received is located;
(b) Fifteen per cent shall be credited to the general fund
of the county;
(c) Forty-seven and one-half per cent shall be paid into
the cigarette tax enforcement fund created by division (C) of
this section.
(2) The revenue collected from the thirty dollar tax
imposed upon the first five places of business of a person
engaged in the retail business of trafficking in cigarettes shall
be distributed as follows:
(a) Sixty-two and one-half per cent shall be paid upon the
warrant of the county auditor into the treasury of the municipal
corporation or township in which the places of business for which
the tax revenue was received are located;
(b) Twenty-two and one-half per cent shall be credited to
the general fund of the county;
(c) Fifteen per cent shall be paid into the cigarette tax
enforcement fund created by division (C) of this section.
(3) The remainder of the revenues and fines collected
under this section and the penal laws relating to cigarettes
shall be distributed as follows:
(a) Three-fourths shall be paid upon the warrant of the
county auditor into the treasury of the municipal corporation or
township in which the place of business, on account of which the
revenues and fines were received, is located;
(b) One-fourth shall be credited to the general fund of
the county.
(D) There is hereby created within the state treasury the
cigarette tax enforcement fund for the purpose of providing funds
to assist in paying the costs of enforcing sections 1333.11 to
1333.21 and Chapter 5743. of the Revised Code.
The portion of cigarette license tax revenues received by a
county auditor during the annual application period that ends
before the fourth Monday in May which is required to be deposited
in the cigarette tax enforcement fund shall be sent to the
treasurer of state by the thirtieth day of June each year. The
portion of license tax money received by each county auditor
after the fourth Monday in May which is required to be deposited
in the cigarette tax enforcement fund shall be sent to the
treasurer of state by the thirty-first day of December.
(E)(1) Every person who desires to engage in the business of a manufacturer or importer of cigarettes shall, annually, on or before the fourth Monday of May, make and deliver to the tax commissioner, upon a blank furnished by the commissioner for that purpose, a statement showing the name of the applicant, the nature of the applicant's business, and any other information required by the commissioner. If the applicant is a firm, partnership, or association other than a corporation, the applicant shall state the name and address of each of its members. If the applicant is a corporation, the applicant shall state the name and address of each of its officers.
Upon receipt of the application, the commissioner shall issue to the applicant a license authorizing the applicant to engage in the business of manufacturer or importer, whichever the case may be, for one year commencing on the fourth Monday of May.
(2) The issuing of a license under division (E)(1) of this section to a manufacturer does not excuse a manufacturer from the certification process required under section 1346.05 of the Revised Code. A manufacturer who is issued a license issued under division (E)(1) of this section to a manufacturer and who is not listed on the directory required under section 1346.05 of the Revised Code shall cease to be valid and shall be revoked by the commissioner as provided in section 5743.18 of the Revised Code not be permitted to sell cigarettes in this state other than to a licensed cigarette wholesaler for sale outside this state. Such a manufacturer shall provide documentation to the commissioner evidencing that the cigarettes are legal for sale in another state.
(3) The tax commissioner may adopt rules necessary to administer division (E) of this section.
Sec. 5743.18. Upon notice and hearing in accordance with sections 119.01 to 119.13 of the Revised Code, the tax commissioner may revoke any manufacturer, importer, wholesale, or retail cigarette license for violation of sections 5743.01 to 5743.21 of the Revised Code. In the case of a wholesale or retail cigarette license, a certified copy of the order revoking such license shall be transmitted to the county auditor of the county in which the license was issued. In the case of a license issued to a manufacturer, the commissioner shall immediately revoke any such license upon the manufacturer's removal from the directory under section 1346.05 of the Revised Code, such manufacturer shall not be permitted to sell cigarettes in this state other than to a licensed cigarette wholesaler for sale outside this state. Such a manufacturer shall provide documentation to the commissioner evidencing that the cigarettes are legal for sale in another state.
Sec. 5743.321. For the same purposes for which it levies a tax under section 5743.021 of the Revised Code, the board of county commissioners of a county that has within its territorial boundaries a qualifying regional arts and cultural district and that
levies a tax under that section, by
resolution adopted by a majority of the board, shall levy a tax at the
same rate on the use, consumption, or storage for consumption of
cigarettes by consumers in the county in which that tax is levied, provided that the tax
shall not apply if the tax levied by section 5743.021 of the
Revised Code has been paid. The tax shall take effect on the
date that a tax levied under that section takes effect, and shall remain in effect as long as the tax
levied under that section remains effective.
Sec. 5743.33. Except as provided in section 5747.331 of the Revised Code, every person who has acquired cigarettes for
use, storage, or other consumption subject to the tax levied
under
section 5743.32, 5743.321, 5743.323, or
5743.324 of the Revised
Code,
shall, on or before the fifteenth day of the month following
receipt of such cigarettes, file with the tax commissioner a
return showing the amount of cigarettes acquired, together with
remittance of the tax thereon. No such person shall transport
within this state, cigarettes that have a wholesale value in
excess of three hundred dollars, unless
that person has obtained
consent
to transport the cigarettes from the department of
taxation prior
to
such transportation. Such consent shall not be
required if the
applicable taxes levied under sections 5743.02, 5743.021, 5743.024, and
5743.026 of the Revised Code have been
paid. Application for the
consent shall be in the form prescribed
by the tax
commissioner.
Every person transporting such cigarettes shall possess the
consent while transporting or possessing the cigarettes
within
this state and shall produce the consent upon request of
any law
enforcement officer or authorized agent of the tax
commissioner.
Any person transporting such cigarettes without the consent
required by this section, shall be subject to the provisions of
this chapter, including the applicable taxes imposed by under sections
5743.02, 5743.021, 5743.024, and 5743.026 of the
Revised Code.
Sec. 5743.34. If any person required to pay the tax levied
under section
5743.32, 5743.321,
5743.323, or 5743.324 of the
Revised Code,
fails to make remittance,
the tax commissioner may
issue an
assessment against that
person based on any
information
in the
commissioner's possession.
Sections 5743.081 and 5743.082 of the Revised Code relating
to the assessments
or findings, appeals from assessments or
findings, the effect of assessments
or findings before or after
hearing and before or after filing the same in the
office of the
clerk of the court of common pleas, and all sections relating to
the procedure, authority, duties, liabilities, powers, and
privileges of the
person assessed, the commissioner, the clerk,
and all other public officials,
shall be applicable to assessments
made pursuant to this section.
Sec. 5743.35. No person required by section 5743.33 of the
Revised Code to
file a return with the tax commissioner shall fail
to make such return, or
fail to pay the applicable taxes levied
under section 5743.32, 5743.321,
5743.323, or 5743.324 of the
Revised Code,
or fail to pay any lawful
assessment issued by the
commissioner.
Sec. 5745.01. As used in this chapter:
(A)
"Electric company,"
"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 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 difference for that qualifying asset
if the book-tax
difference is greater than zero, and shall
increase its federal
taxable income by the absolute value of the
amount of the book-tax
difference for that qualifying asset if
the book-tax
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,
"book-tax 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 it existed on December 31, 2001 amended.
(I)
"Ohio net income" means the amount determined under
division
(B) of section 5745.02 of the Revised Code.
Sec. 5747.01. Except as otherwise expressly provided or
clearly appearing from the context, any term used in this chapter that is not otherwise defined in this section
has the same meaning as when used in a comparable context in the
laws of the United
States
relating to federal income taxes or if not used in a comparable context in those laws, has the same meaning as in section 5733.40 of the Revised Code. Any reference in this chapter to the Internal Revenue Code includes other laws of the United States relating to federal income taxes.
(A) "Adjusted gross income" or "Ohio adjusted gross
income"
means
federal adjusted gross income, as defined and used in the
Internal
Revenue Code, adjusted as provided in this section:
(1) Add interest or dividends on obligations or securities
of any state or of any political subdivision or authority of any
state, other than this state and its subdivisions and authorities.
(2) Add interest or dividends on obligations of any
authority, commission, instrumentality, territory, or possession
of the United States
to the extent that
the interest or dividends
are exempt from federal income taxes
but
not from state income
taxes.
(3) Deduct interest or dividends on obligations of the
United States and its territories and possessions or of any
authority, commission, or instrumentality of the United States to
the extent
that the interest or dividends are included in federal
adjusted gross income but exempt
from state income taxes under the
laws of the United States.
(4) Deduct disability and survivor's benefits to the
extent
included in federal adjusted gross income.
(5) Deduct benefits under Title II of the Social Security
Act and tier 1 railroad retirement benefits to the extent
included
in federal adjusted gross income under section 86 of the
Internal
Revenue Code.
(6)
In the case of a taxpayer who is a beneficiary of
a
trust that makes an accumulation distribution as defined in
section 665 of the Internal Revenue Code,
add, for the
beneficiary's taxable years
beginning before 2002,
the portion, if
any, of
such distribution
that does not exceed the
undistributed
net
income of the trust for
the three taxable years
preceding the
taxable year in which the
distribution is made
to
the extent that the portion was not included in the trust's
taxable income for any of the trust's taxable years beginning in
2002 or thereafter.
"Undistributed
net
income of a trust" means
the taxable income of
the trust
increased
by (a)(i) the additions
to adjusted gross
income
required under
division (A) of this
section and (ii) the
personal
exemptions
allowed to the trust
pursuant to section
642(b) of the
Internal
Revenue Code, and
decreased by (b)(i) the
deductions to
adjusted
gross income
required under division (A) of
this
section,
(ii) the
amount of
federal income taxes attributable
to
such
income, and
(iii) the
amount of taxable income that has
been
included in the
adjusted
gross income of a beneficiary by
reason
of a prior
accumulation
distribution. Any undistributed
net
income included
in the
adjusted gross income of a beneficiary
shall reduce the
undistributed net income of the trust commencing
with the earliest
years of the accumulation period.
(7) Deduct the amount of wages and salaries, if any, not
otherwise allowable as a deduction but that would have been
allowable as a deduction in computing federal adjusted gross
income for the taxable year, had the targeted jobs credit allowed
and determined under sections 38, 51, and 52 of the Internal
Revenue Code not been in effect.
(8) Deduct any interest or interest equivalent on public
obligations and purchase obligations to the extent
that the
interest or interest equivalent is included in
federal adjusted
gross income.
(9) Add any loss or deduct any gain resulting from the
sale,
exchange, or other disposition of public obligations to the
extent
that the loss has been deducted or the gain has been
included in
computing federal adjusted gross income.
(10)
Deduct or add amounts, as provided under section
5747.70 of the
Revised
Code, related to contributions to variable
college savings program
accounts made or tuition units purchased
pursuant to Chapter
3334. of the Revised Code.
(11)(a) Deduct, to the extent not otherwise allowable as a
deduction or
exclusion in computing federal or Ohio adjusted gross
income for the taxable
year, the amount the taxpayer paid during
the taxable year for medical care
insurance and qualified
long-term care insurance for the taxpayer, the
taxpayer's spouse,
and dependents. No deduction for medical care insurance
under
division (A)(11) of this section shall be allowed either to any
taxpayer
who is eligible to participate in any subsidized health
plan maintained by any
employer of the taxpayer or of the
taxpayer's spouse, or to any taxpayer who
is entitled to, or on
application would be entitled to, benefits under part A of Title
XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.
301, as amended. For the purposes of division (A)(11)(a) of this
section, "subsidized health plan" means a health plan for which
the employer pays any portion of the plan's cost. The deduction
allowed under division (A)(11)(a) of this section shall be the net
of any related premium refunds, related premium reimbursements, or
related insurance premium dividends received during the taxable
year.
(b) Deduct, to the extent not otherwise deducted or excluded
in
computing federal or Ohio adjusted gross income during the
taxable
year, the amount the taxpayer paid during the taxable
year, not
compensated for by any insurance or otherwise, for
medical care of
the taxpayer, the taxpayer's spouse, and
dependents, to the extent
the expenses exceed seven and one-half
per cent of the taxpayer's
federal adjusted gross income.
(c) For purposes of division (A)(11) of this section,
"medical
care" has the meaning given in section 213 of the
Internal Revenue
Code, subject to the special rules, limitations,
and exclusions
set forth therein, and "qualified long-term care"
has the same
meaning given in section 7702(B)(b)B(c) of the Internal
Revenue Code.
(12)(a) Deduct any amount included in federal adjusted gross
income solely because the amount represents a reimbursement or
refund of expenses that in any year the taxpayer had
deducted as
an itemized deduction pursuant to section 63 of the
Internal
Revenue Code and applicable United States
department of the
treasury regulations.
The deduction otherwise allowed under
division (A)(12)(a) of this section shall be reduced to the extent
the reimbursement is attributable to an amount the taxpayer
deducted under this section in any taxable year.
(b) Add any amount not otherwise included in Ohio adjusted
gross
income for any taxable year to the extent that the amount is
attributable to the recovery during the taxable year of any amount
deducted or excluded in computing federal or Ohio adjusted gross
income in any taxable year.
(13) Deduct any portion of the deduction described in
section 1341(a)(2) of the Internal Revenue Code, for repaying
previously reported income received under a claim of right, that
meets both of the following requirements:
(a) It is allowable for repayment of an item that was
included in the taxpayer's adjusted gross income for a prior
taxable year and did not qualify for a credit under division (A)
or (B) of section 5747.05 of the Revised Code for that year;
(b) It does not otherwise reduce the taxpayer's adjusted
gross income for the current or any other taxable year.
(14) Deduct an amount equal to the deposits made to, and
net
investment earnings of, a medical savings account during the
taxable year,
in accordance with section 3924.66 of the Revised
Code. The deduction
allowed by division (A)(14) of this section
does not apply to medical
savings account deposits and earnings
otherwise deducted or excluded for the
current or any other
taxable year from the taxpayer's federal adjusted gross
income.
(15)(a) Add an amount equal to the funds withdrawn from a
medical
savings account during the taxable year, and the net
investment earnings on
those funds, when the funds withdrawn were
used for any purpose other than to
reimburse an account holder
for, or to pay, eligible medical expenses, in
accordance with
section 3924.66 of the Revised Code;
(b) Add the amounts distributed from a medical savings
account
under division (A)(2) of section 3924.68 of the Revised
Code during the
taxable year.
(16) Add any amount claimed as a credit under section
5747.059 of the Revised
Code to the extent that such amount
satisfies either of the following:
(a) The amount was deducted or excluded from the computation
of the
taxpayer's federal adjusted gross income as required to be
reported for the
taxpayer's taxable year under the Internal
Revenue Code;
(b) The amount resulted in a reduction of the taxpayer's
federal adjusted
gross income as required to be reported for any
of the taxpayer's taxable
years under the Internal Revenue Code.
(17) Deduct the amount contributed by the taxpayer to an
individual development account program established by a county
department of
job and family services pursuant to sections 329.11
to
329.14 of the Revised Code for
the purpose of matching funds
deposited by program participants. On request
of
the tax
commissioner, the taxpayer shall provide any information that, in
the
tax commissioner's opinion, is necessary to establish the
amount deducted
under
division (A)(17) of this section.
(18) Beginning in taxable year 2001 but not for any taxable year beginning after December 31, 2005, if the taxpayer is
married
and files a joint return and the
combined federal adjusted
gross income of the taxpayer and the taxpayer's
spouse for the
taxable year does not exceed one hundred thousand dollars, or
if
the taxpayer is single and has a federal adjusted gross income for
the
taxable
year not exceeding fifty thousand dollars, deduct
amounts paid during the
taxable year for qualified tuition and
fees paid to an eligible institution
for the taxpayer, the
taxpayer's spouse, or any dependent of the taxpayer, who
is a
resident of this state and is enrolled in or attending a program
that
culminates in a degree or diploma at an eligible institution.
The deduction
may be claimed only to the extent that qualified
tuition and fees are not
otherwise deducted or excluded for any
taxable year from federal or
Ohio adjusted gross income. The
deduction
may not be claimed for educational expenses for which
the taxpayer claims a
credit under section 5747.27 of the Revised
Code.
(19) Add any reimbursement received during the taxable year
of any amount
the taxpayer deducted under division (A)(18) of this
section in any
previous taxable year to the extent the amount is
not otherwise included in
Ohio adjusted gross income.
(20)(a)(i) Add five-sixths of the amount of depreciation
expense allowed by subsection (k) of section 168 of the Internal
Revenue Code, including the taxpayer's proportionate or
distributive share of the amount of depreciation expense allowed
by that subsection to a pass-through entity in which the taxpayer
has a direct or indirect ownership interest.
(ii) Add five-sixths of the amount of qualifying section 179 depreciation expense, including a person's proportionate or distributive share of the amount of qualifying section 179 depreciation expense allowed to any pass-through entity in which the person has a direct or indirect ownership. For the purposes of this division, "qualifying section 179 depreciation expense" means the difference between (I) the amount of depreciation expense directly or indirectly allowed to the taxpayer under section 179 of the Internal Revenue Code, and (II) the amount of depreciation expense directly or indirectly allowed to the taxpayer under section 179 of the Internal Revenue Code as that section existed on December 31, 2002.
The tax
commissioner, under procedures established by the commissioner,
may waive the add-backs related to a pass-through entity if the
taxpayer owns, directly or indirectly, less than five per cent of
the pass-through entity.
(b) Nothing in division (A)(20) of this section shall be
construed to adjust or modify the adjusted basis of any asset.
(c) To the extent the add-back required under division
(A)(20)(a) of this section is attributable to property generating
nonbusiness income or loss allocated under section 5747.20 of the
Revised Code, the add-back shall be sitused to the same location
as the nonbusiness income or loss generated by the property for
the purpose of determining the credit under division (A) of
section 5747.05 of the Revised Code. Otherwise, the add-back
shall be apportioned, subject to one or more of the four
alternative methods of apportionment enumerated in section 5747.21
of the Revised Code.
(d) For the purposes of division (A) of this section, net operating loss carryback and carryforward shall not include five-sixths of the allowance of any net operating loss deduction carryback or carryforward to the taxable year to the extent such loss resulted from depreciation allowed by section 168(k) of the Internal Revenue Code and by the qualifying section 179 depreciation expense amount.
(21)(a) If the taxpayer was required to add an amount under
division (A)(20)(a) of this section for a taxable year, deduct
one-fifth of the amount so added for each of the five succeeding
taxable years.
(b) If the amount deducted under division (A)(21)(a) of
this
section is attributable to an add-back allocated under
division
(A)(20)(c) of this section, the amount deducted shall be
sitused
to the same location. Otherwise, the add-back shall be
apportioned using the apportionment factors for the taxable year
in which the deduction is taken, subject to one or more of the
four alternative methods of apportionment enumerated in section
5747.21 of the Revised Code.
(c) No deduction is available under division (A)(21)(a) of this section with regard to any depreciation allowed by section 168(k) of the Internal Revenue Code and by the qualifying section 179 depreciation expense amount to the extent that such depreciation resulted in or increased a federal net operating loss carryback or carryforward to a taxable year to which division (A)(20)(d) of this section does not apply.
(22) Deduct, to the extent not otherwise deducted or excluded in computing federal or Ohio adjusted gross income for the taxable year, the amount the taxpayer received during the taxable year as reimbursement for life insurance premiums under section 5919.31 of the Revised Code.
(23) Deduct, to the extent not otherwise deducted or excluded in computing federal or Ohio adjusted gross income for the taxable year, the amount the taxpayer received during the taxable year as a death benefit paid by the adjutant general under section 5919.33 of the Revised Code.
(B) "Business income" means income, including gain or loss,
arising from
transactions, activities, and sources in the regular
course of a
trade or business and includes income, gain, or loss
from
real property, tangible
property, and
intangible
property if
the acquisition, rental,
management, and
disposition
of the
property constitute integral
parts of the
regular course of
a
trade or business operation.
"Business income"
includes income,
including gain or loss, from a
partial or
complete liquidation of
a business, including, but not
limited to,
gain or loss from the
sale or other disposition of
goodwill.
(C) "Nonbusiness income" means all income other than
business income and may include, but is not limited to,
compensation, rents and royalties from real or tangible personal
property, capital gains, interest, dividends and distributions,
patent or copyright royalties, or lottery winnings, prizes, and
awards.
(D) "Compensation" means any form of remuneration paid to
an
employee for personal services.
(E) "Fiduciary" means a guardian, trustee, executor,
administrator, receiver, conservator, or any other person acting
in any fiduciary capacity for any individual, trust, or estate.
(F) "Fiscal year" means an accounting period of twelve
months ending on the last day of any month other than December.
(G) "Individual" means any natural person.
(H) "Internal Revenue Code" means the "Internal Revenue
Code
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.
(I) "Resident" means
any of the following, provided that
division (I)(3) of this section applies only to taxable years of a
trust beginning in 2002 or thereafter:
(1) An individual who is domiciled in this state, subject
to
section 5747.24 of the Revised Code;
(2) The estate of a decedent who at the time of death
was
domiciled in this state. The domicile tests of section
5747.24 of
the Revised Code and any election under section
5747.25 of the
Revised Code are not controlling for purposes of
division (I)(2)
of this section.
(3)
A
trust that, in whole or part, resides in this state.
If
only part of a trust resides in this state, the trust is a
resident only with respect to that part.
For the purposes of
division (I)(3) of this section:
(a) A trust resides in this state
for the trust's current
taxable year to
the extent, as described in division (I)(3)(d) of
this section, that
the trust consists directly or indirectly,
in whole or
in part,
of assets, net of any related
liabilities, that were
transferred, or caused to be transferred,
directly or indirectly,
to the trust by any of the following:
(i) A person, a court, or a governmental
entity or instrumentality on account of the death of a decedent, but only if the trust is described in division (I)(3)(e)(i)
or (ii) of this section;
(ii) A person who
was domiciled in this state
for the purposes of
this chapter when the person directly or indirectly transferred
assets to an irrevocable trust, but only if at least one of the
trust's qualifying beneficiaries is domiciled in this state for
the purposes of this chapter during all or some portion of the
trust's current taxable year;
(iii) A person who was domiciled in this state
for the
purposes of this chapter when the trust
document or instrument
or
part of the trust
document or instrument became irrevocable, but
only if at least
one
of
the trust's qualifying beneficiaries is a resident domiciled in
this state for the purposes of
this chapter
during all or some
portion of the trust's current taxable year. If a trust document or instrument became irrevocable upon the death of a person who at the time of death was domiciled in this state for purposes of this chapter, that person is a person described in division (I)(3)(a)(iii) of this section.
(b) A trust is
irrevocable to
the extent that the transferor is not
considered to
be the owner
of the net assets of the trust under sections 671 to
678 of the
Internal
Revenue Code.
(c) With respect to a trust other than a charitable lead
trust, "qualifying beneficiary" has the same meaning as "potential
current beneficiary" as defined in section 1361(e)(2) of the
Internal Revenue Code, and with respect to a charitable lead trust
"qualifying beneficiary" is any current, future, or contingent
beneficiary, but with respect to any trust "qualifying
beneficiary" excludes a person or a governmental entity or
instrumentality to any of which a contribution would qualify for
the charitable deduction under section 170 of the Internal Revenue
Code.
(d) For the purposes of division (I)(3)(a) of this section,
the extent to which a trust consists directly or indirectly, in
whole or in part, of assets, net of any related liabilities, that
were transferred directly or indirectly, in whole or part, to the
trust by any of the sources enumerated in that division shall be
ascertained by multiplying the fair market value of the trust's
assets, net of related liabilities, by the qualifying ratio, which
shall be computed as follows:
(i) The first time the trust receives assets, the numerator
of the qualifying ratio is the fair market value of those assets
at that time, net of any related liabilities, from sources
enumerated in division (I)(3)(a) of this section. The denominator
of the qualifying ratio is the fair market value of all the
trust's assets at that time, net of any related liabilities.
(ii) Each subsequent time the trust receives assets, a
revised qualifying ratio shall be computed. The numerator of the
revised qualifying ratio is the sum of (1) the fair market value
of the trust's assets immediately prior to the subsequent
transfer, net of any related liabilities, multiplied by the
qualifying ratio last computed without regard to the subsequent
transfer, and (2) the fair market value of the subsequently
transferred assets at the time transferred, net of any related
liabilities, from sources enumerated in division (I)(3)(a) of this
section. The denominator of the revised qualifying ratio is the
fair market value of all the trust's assets immediately after the
subsequent transfer, net of any related liabilities.
(iii) Whether a transfer to the trust is by or from any of the sources enumerated in division (I)(3)(a) of this section shall be ascertained without regard to the domicile of the trust's beneficiaries.
(e) For the purposes of division (I)(3)(a)(i) of this
section:
(i) A trust is described in division (I)(3)(e)(i) of this
section if the trust is a testamentary trust and the testator of
that testamentary trust was domiciled in this state at the time of
the testator's death for purposes of the taxes levied under
Chapter 5731. of the Revised Code.
(ii) A trust is described in division (I)(3)(e)(ii) of this
section if the transfer is a qualifying transfer described in any
of divisions (I)(3)(f)(i) to (vi) of this section, the trust is an
irrevocable inter vivos trust, and at least one of the trust's
qualifying beneficiaries is domiciled in this state for purposes
of this chapter during all or some portion of the trust's current
taxable year.
(f) For the purposes of division (I)(3)(e)(ii) of this
section, a "qualifying transfer" is a transfer of assets, net of
any related liabilities, directly or indirectly to a trust, if the
transfer is described in any of the following:
(i) The transfer is made to a trust, created by the
decedent before the decedent's death and while the decedent was
domiciled in this state for the purposes of this chapter, and,
prior to the death of the decedent, the trust became irrevocable
while the decedent was domiciled in this state for the purposes of
this chapter.
(ii) The transfer is made to a trust to which the decedent,
prior to the decedent's death, had directly or indirectly
transferred assets, net of any related liabilities, while the
decedent was domiciled in this state for the purposes of this
chapter, and prior to the death of the decedent the trust became
irrevocable while the decedent was domiciled in this state for the
purposes of this chapter.
(iii) The transfer is made on account of a contractual
relationship existing directly or indirectly between the
transferor and either the decedent or the estate of the decedent
at any time prior to the date of the decedent's death, and the
decedent was domiciled in this state at the time of death for
purposes of the taxes levied under Chapter 5731. of the Revised
Code.
(iv) The transfer is made to a trust on account of a
contractual relationship existing directly or indirectly between
the transferor and another person who at the time of the
decedent's death was domiciled in this state for purposes of this
chapter.
(v) The transfer is made to a trust on account of the will
of a testator.
(vi) The transfer is made to a trust created by or caused
to be created by a court, and the trust was directly or indirectly
created in connection with or as a result of the death of an
individual who, for purposes of the taxes levied under Chapter
5731. of the Revised Code, was domiciled in this state at the time
of the individual's death.
(g) The tax commissioner may adopt rules to ascertain the
part
of
a trust residing in this state.
(J) "Nonresident" means an individual or estate that is
not
a resident. An individual who is a resident for only part of
a
taxable year is a nonresident for the remainder of that taxable
year.
(K) "Pass-through entity" has the same meaning as in section
5733.04 of the
Revised Code.
(L) "Return" means the notifications and reports required
to
be filed pursuant to this chapter for the purpose of reporting
the
tax due and includes declarations of estimated tax when so
required.
(M) "Taxable year" means the calendar year or the
taxpayer's
fiscal year ending during the calendar year, or
fractional part
thereof, upon which the adjusted gross income is
calculated
pursuant to this chapter.
(N) "Taxpayer" means any person subject to the tax imposed
by section 5747.02 of the Revised Code or any pass-through entity
that
makes the election under division (D) of section 5747.08 of
the Revised Code.
(O) "Dependents" means dependents as defined in the
Internal
Revenue Code and as claimed in the taxpayer's federal
income tax
return for the taxable year or which the taxpayer
would have been
permitted to claim had the taxpayer filed a
federal income
tax
return.
(P) "Principal county of employment" means, in the case of
a
nonresident, the county within the state in which a taxpayer
performs services for an employer or, if those services are
performed in more than one county, the county in which the major
portion of the services are performed.
(Q) As used in sections 5747.50 to 5747.55 of the Revised
Code:
(1) "Subdivision" means any county, municipal corporation,
park district, or township.
(2) "Essential local government purposes" includes all
functions that any subdivision is required by general law to
exercise, including like functions that are exercised under a
charter adopted pursuant to the Ohio Constitution.
(R) "Overpayment" means any amount already paid that
exceeds
the figure determined to be the correct amount of the
tax.
(S) "Taxable income"
or "Ohio taxable income" applies
only
to estates
and
trusts,
and means
federal
taxable income, as
defined and used in the
Internal
Revenue Code,
adjusted as
follows:
(1) Add interest or dividends, net of ordinary, necessary,
and reasonable expenses not deducted in computing federal taxable
income, on obligations or securities
of any state or of any
political subdivision or authority of any
state, other than this
state and its subdivisions and
authorities, but only to the
extent that such net amount is not otherwise includible in Ohio
taxable income and is described in either division (S)(1)(a) or
(b) of this section:
(a) The net amount is not attributable to the S portion of
an electing small business trust and has not been distributed to
beneficiaries for the taxable year;
(b) The net amount is attributable to the S portion of an
electing small business trust for the taxable year.
(2) Add interest or dividends, net of ordinary, necessary,
and reasonable expenses not deducted in computing federal taxable
income, on obligations of any
authority, commission,
instrumentality, territory, or possession
of the United States
to
the extent that
the interest or dividends are exempt from federal
income taxes
but
not from state income taxes, but only to the
extent that such net amount is not otherwise includible in Ohio
taxable income and is described in either division (S)(1)(a) or
(b) of this section;
(3) Add the amount of personal exemption allowed to the
estate pursuant to section 642(b) of the Internal Revenue Code;
(4) Deduct interest or dividends, net of related expenses
deducted in computing federal taxable income, on obligations of
the
United States and its territories and possessions or of any
authority, commission, or instrumentality of the United States
to
the extent
that
the interest or dividends are exempt from state
taxes under the laws of the United
States, but only to the extent
that such amount is included in federal taxable income and is
described in either division (S)(1)(a) or (b) of this section;
(5) Deduct the amount of wages and salaries, if any, not
otherwise allowable as a deduction but that would have been
allowable as a deduction in computing federal taxable income for
the taxable year, had the targeted jobs credit allowed under
sections 38, 51, and 52 of the Internal Revenue Code not been in
effect, but only to the extent such amount relates either to
income included in federal taxable income for the taxable year or
to income of the S portion of an electing small business trust for
the taxable year;
(6) Deduct any interest or interest equivalent, net of
related expenses deducted in computing federal taxable income, on
public
obligations and purchase obligations, but only to the
extent
that such net amount relates either to income included in
federal taxable income
for the taxable year or to income of the S
portion of an electing small business trust for the taxable year;
(7) Add any loss or deduct any gain resulting from sale,
exchange, or other disposition of public obligations to the
extent
that such loss has been deducted or such gain has been
included in
computing either federal taxable income
or income of the S portion
of an electing small business trust for the taxable year;
(8) Except in the case of the final return of an estate,
add
any amount deducted by the taxpayer on both its Ohio estate
tax
return pursuant to section 5731.14 of the Revised Code, and
on its
federal income tax return in determining
federal taxable income;
(9)(a) Deduct any amount included in federal taxable income
solely because the amount represents a reimbursement or refund of
expenses that in a previous year the decedent had deducted as an
itemized deduction pursuant to section 63 of the Internal Revenue
Code and applicable treasury regulations.
The deduction otherwise
allowed under division (S)(9)(a) of this section shall be reduced
to the extent the reimbursement is attributable to an amount the
taxpayer or decedent deducted under this section in any taxable
year.
(b) Add any amount not otherwise included in Ohio taxable
income
for any taxable year to the extent that the amount is
attributable
to the recovery during the taxable year of any amount
deducted or
excluded in computing federal or Ohio taxable income
in any
taxable year, but only to the extent such amount has not
been distributed
to beneficiaries for the taxable year.
(10) Deduct any portion of the deduction described in
section 1341(a)(2) of the Internal Revenue Code, for repaying
previously reported income received under a claim of right, that
meets both of the following requirements:
(a) It is allowable for repayment of an item that was
included in the taxpayer's taxable income or the decedent's
adjusted gross income for a prior taxable year and did not
qualify
for a credit under division (A) or (B) of section 5747.05
of the
Revised Code for that year.
(b) It does not otherwise reduce the taxpayer's taxable
income or the decedent's adjusted gross income for the current or
any other taxable year.
(11) Add any amount claimed as a credit under section
5747.059
of the Revised Code to the extent that the amount
satisfies
either of the following:
(a) The amount was deducted or excluded from the computation
of the
taxpayer's federal taxable income as required to be
reported for the
taxpayer's taxable year under the Internal
Revenue Code;
(b) The amount resulted in a reduction in the taxpayer's
federal taxable
income as required to be reported for any of the
taxpayer's taxable years
under the Internal Revenue Code.
(12) Deduct any amount, net of related expenses deducted in
computing federal taxable income, that a trust is required to
report
as
farm income on its federal income tax return, but only
if the
assets of the trust include at least ten acres of land
satisfying
the definition of "land devoted exclusively to
agricultural use"
under section 5713.30 of the Revised Code,
regardless of whether
the land is valued for tax purposes as such
land under sections
5713.30 to 5713.38 of the Revised Code.
If the
trust is a
pass-though pass-through entity investor, section 5747.231 of the
Revised Code
applies in ascertaining if the trust is eligible to
claim the
deduction provided by division (S)(12) of this section
in
connection with the pass-through entity's farm income.
Except for farm income attributable to the S portion of an
electing small business trust, the deduction provided by division
(S)(12) of this section is allowed only to the extent that the
trust has not distributed such farm income.
Division (S)(12) of
this
section applies only to taxable years of a trust beginning
in
2002 or thereafter.
(13) Add the net amount of income described in section 641(c)
of the Internal Revenue Code to the extent that amount is not
included in federal taxable income.
(14) Add or deduct the amount the taxpayer would be
required
to add or deduct under division (A)(20) or (21) of this
section if
the taxpayer's
Ohio taxable income were computed in the same
manner as
an individual's
Ohio adjusted gross income is computed
under
this
section. In the case of a trust, division (S)(14) of
this
section
applies only to any of the trust's taxable years
beginning
in
2002 or thereafter.
(T) "School district income" and "school district income
tax" have the same meanings as in section 5748.01 of the Revised
Code.
(U) As used in divisions (A)(8), (A)(9), (S)(6), and
(S)(7)
of this section, "public obligations," "purchase
obligations," and
"interest or interest equivalent" have the same
meanings as in
section 5709.76 of the Revised Code.
(V) "Limited liability company" means any limited
liability
company formed under Chapter 1705. of the Revised Code
or under
the laws of any other state.
(W) "Pass-through entity investor" means any person who,
during any portion
of a taxable year of a pass-through entity, is
a partner, member, shareholder,
or
equity investor in that
pass-through
entity.
(X) "Banking day" has the same meaning as in section 1304.01
of the Revised
Code.
(Y) "Month" means a calendar month.
(Z) "Quarter" means the first three months, the second three
months, the
third three months, or the last three months of the
taxpayer's taxable year.
(AA)(1) "Eligible institution" means a state university or
state
institution of higher education as defined in section
3345.011 of the Revised Code, or a
private, nonprofit college,
university, or other post-secondary institution
located in this
state that possesses a certificate of authorization issued by
the
Ohio board of regents pursuant to Chapter 1713. of the Revised
Code or a
certificate of registration issued by the state board of
career colleges and schools under Chapter 3332. of the Revised
Code.
(2) "Qualified tuition and fees" means tuition and fees
imposed by an
eligible institution as a condition of enrollment or
attendance, not exceeding
two thousand five hundred dollars in
each of the individual's first two years
of post-secondary
education. If the individual is a part-time student,
"qualified
tuition and fees" includes tuition and fees paid for the academic
equivalent of the first two years of post-secondary education
during a maximum
of five taxable years, not exceeding a total of
five thousand dollars.
"Qualified tuition and fees" does not
include:
(a) Expenses for any course or activity involving sports,
games,
or hobbies unless the course or activity is part of the
individual's degree or
diploma program;
(b) The cost of books, room and board, student activity
fees,
athletic fees, insurance expenses, or other expenses
unrelated to the
individual's academic course of instruction;
(c) Tuition, fees, or other expenses paid or reimbursed
through
an employer, scholarship, grant in aid, or other
educational benefit program.
(BB)(1) "Modified business
income" means the business income
included in a trust's
Ohio taxable
income after such taxable
income is
first reduced by the
qualifying
trust amount, if any.
(2) "Qualifying
trust amount" of a trust means capital gains
and
losses from the sale, exchange, or other disposition of equity
or
ownership
interests in, or debt obligations of, a
qualifying
investee to the extent included in the trust's
Ohio
taxable income, but
only if the
following requirements are satisfied:
(a) The book value of the qualifying
investee's
physical assets in this state and everywhere, as of the last day
of the qualifying investee's fiscal or calendar year ending
immediately prior to the date on which the trust recognizes the
gain or loss, is available to the trust.
(b) The requirements of section 5747.011 of the Revised Code
are satisfied for the trust's taxable year in which the trust
recognizes the gain or loss.
Any gain or loss that is not a qualifying trust amount is
modified business income, qualifying investment income, or
modified nonbusiness income, as the
case may be.
(3) "Modified nonbusiness income" means a trust's
Ohio
taxable
income other than modified business income, other than
the
qualifying
trust amount, and other than qualifying investment
income, as defined in section 5747.012 of the Revised Code, to the
extent such qualifying investment income is not otherwise part of
modified business income.
(4) "Modified
Ohio taxable income" applies only to trusts,
and
means the sum of the
amounts described in divisions
(BB)(4)(a) to (c) of this section:
(a)
The fraction,
calculated under section 5747.013, and applying
section 5747.231 of the Revised Code, multiplied by the sum of the following amounts:
(i) The trust's modified business income;
(ii) The trust's qualifying investment income, as defined
in section 5747.012 of the Revised Code, but only to the extent
the qualifying investment income does not otherwise constitute
modified business income and does not otherwise constitute a
qualifying trust amount.
(b) The qualifying
trust amount multiplied by
a
fraction, the numerator of which is the sum of the
book value of
the
qualifying investee's physical assets in this state
on the last day of the qualifying
investee's fiscal or calendar year ending immediately prior to the
day on which the trust recognizes the qualifying trust amount, and
the denominator of which is the sum of the book value of the
qualifying investee's total physical assets everywhere
on the last day of the qualifying investee's
fiscal or calendar year ending immediately prior to the day on
which the trust recognizes the qualifying trust amount.
If, for a
taxable year, the trust
recognizes a qualifying
trust amount
with
respect to more than one
qualifying investee, the amount
described
in division (BB)(4)(b)
of this section shall equal the
sum of the
products so computed
for each such qualifying
investee.
(c)(i) With respect to a trust or
portion of a trust that is a resident as ascertained in accordance
with division (I)(3)(d) of this section, its modified nonbusiness
income.
(ii) With respect to a trust or portion of a trust that is
not a resident as ascertained in accordance with division
(I)(3)(d) of this section, the amount of its modified nonbusiness
income satisfying the descriptions in divisions (B)(2) to (5) of
section 5747.20 of the Revised Code, except as otherwise provided in division (BB)(4)(c)(ii) of this section. With respect to a trust or portion of a trust that is not a resident as ascertained in accordance with division (I)(3)(d) of this section, the trust's portion of modified nonbusiness income recognized from the sale, exchange, or other disposition of a debt interest in or equity interest in a section 5747.212 entity, as defined in section 5747.212 of the Revised Code, without regard to division (A) of that section, shall not be allocated to this state in accordance with section 5747.20 of the Revised Code but shall be apportioned to this state in accordance with division (B) of section 5747.212 of the Revised Code without regard to division (A) of that section.
If the allocation and apportionment of a trust's income
under
divisions (BB)(4)(a) and (c) of this section do not fairly
represent the modified
Ohio taxable income of the trust in this
state,
the alternative methods described in division (C) of
section
5747.21 of the Revised Code may be applied in the manner
and to
the same extent provided in that section.
(5)(a) Except as set forth in division
(BB)(5)(b) of this section, "qualifying investee" means a person
in which a trust
has an equity or ownership interest, or a person
or unit of
government the debt obligations of either of which are
owned by a
trust.
For the purposes of division (BB)(2)(a) of this
section and for the purpose of computing the fraction described in
division (BB)(4)(b) of this section, all of the following apply:
(i) If the qualifying investee is a member of a qualifying
controlled group on the last day of the qualifying investee's
fiscal or calendar year ending immediately prior to the date on
which the trust recognizes the gain or loss, then "qualifying
investee" includes all persons in the qualifying controlled group
on such last day.
(ii) If the qualifying investee, or if the qualifying
investee and any members of the
qualifying controlled group of
which the qualifying investee is a
member on the last day of the
qualifying investee's fiscal or
calendar year ending immediately
prior to the date on which the
trust recognizes the gain or loss,
separately or cumulatively own,
directly or indirectly, on the
last day of the qualifying
investee's fiscal or calendar year
ending immediately prior to the
date on which the trust recognizes
the qualifying trust amount, more
than fifty per cent of the
equity of a pass-through entity, then
the qualifying investee and
the other members are deemed to own
the proportionate share of the
pass-through entity's physical
assets which the pass-through
entity directly or indirectly owns
on the last day of the
pass-through entity's calendar or fiscal
year ending within or
with the last day of the qualifying
investee's fiscal or calendar
year ending immediately prior to the
date on which the trust
recognizes the qualifying trust amount.
(iii) For the purposes of division (BB)(5)(a)(iii) of this
section, "upper level
pass-through entity" means a pass-through
entity directly or
indirectly owning any equity of another
pass-through entity, and
"lower level pass-through
entity" means
that other pass-through entity.
An upper level pass-through entity, whether or not it is
also a qualifying investee, is deemed to own, on the last day of
the upper level pass-through entity's calendar or fiscal year, the
proportionate share of the lower level pass-through entity's
physical assets that the lower level pass-through entity directly
or indirectly owns on the last day of the lower level pass-through
entity's calendar or fiscal year ending within or with the last
day of the upper level pass-through entity's fiscal or calendar
year. If the upper level pass-through entity directly and
indirectly owns less than fifty per cent of the equity of the
lower level pass-through entity on each day of the upper level
pass-through entity's calendar or fiscal year in which or with
which ends the calendar or fiscal year of the lower level
pass-through entity and if, based upon clear and convincing
evidence, complete information about the location and cost of the
physical assets of the lower pass-through entity is not available
to the upper level pass-through entity, then solely for purposes
of ascertaining if a gain or loss constitutes a qualifying trust
amount, the upper level pass-through entity shall be deemed as
owning no equity of the lower level pass-through entity for each
day during the upper level pass-through entity's calendar or
fiscal year in which or with which ends the lower level
pass-through entity's calendar or fiscal year. Nothing in
division (BB)(5)(a)(iii) of this section shall be construed to
provide for any deduction or
exclusion in computing any trust's
Ohio taxable income.
(b) With respect to a trust that is not a resident for the
taxable year and with respect to a part of a trust that is not a
resident for the taxable year, "qualifying investee" for that
taxable year does not include a C corporation if both of the
following apply:
(i) During the taxable year the trust or part of the trust
recognizes a gain or loss from the sale, exchange, or other
disposition of equity or ownership interests in, or debt
obligations of, the C corporation.
(ii) Such gain or loss constitutes nonbusiness income.
(6) "Available" means information is such that a person
is able to learn of the information by the due date plus
extensions, if any, for filing the return for the taxable year in
which the trust recognizes the gain or loss.
(CC) "Qualifying controlled group" has the same meaning as
in section 5733.04 of the Revised Code.
(DD) "Related member" has the same meaning as in section
5733.042 of the Revised Code.
(EE)(1) For the purposes of division (EE) of this section:
(a) "Qualifying person" means any person other than a qualifying corporation.
(b) "Qualifying corporation" means any person classified for federal income tax purposes as an association taxable as a corporation, except either of the following:
(i) A corporation that has made an election under subchapter S, chapter one, subtitle A, of the Internal Revenue Code for its taxable year ending within, or on the last day of, the investor's taxable year;
(ii) A subsidiary that is wholly owned by any corporation that has made an election under subchapter S, chapter one, subtitle A of the Internal Revenue Code for its taxable year ending within, or on the last day of, the investor's taxable year.
(2) For the purposes of this chapter, unless expressly stated otherwise, no qualifying person indirectly owns any asset directly or indirectly owned by any qualifying corporation.
(FF) For purposes of this chapter and Chapter 5751. of the Revised Code:
(1) "Trust" does not include a qualified pre-income tax trust.
(2) A "qualified pre-income tax trust" is any pre-income tax trust that makes a qualifying pre-income tax trust election as described in division (FF)(3) of this section.
(3) A "qualifying pre-income tax trust election" is an election by a pre-income tax trust to subject to the tax imposed by section 5751.02 of the Revised Code the pre-income tax trust and all pass-through entities of which the trust owns or controls, directly, indirectly, or constructively through related interests, five per cent or more of the ownership or equity interests. The trustee shall notify the tax commissioner in writing of the election on or before April 15, 2006. The election, if timely made, shall be effective on and after January 1, 2006, and shall apply for all tax periods and tax years until revoked by the trustee of the trust.
(4) A "pre-income tax trust" is a trust that satisfies all of the following requirements:
(a) The document or instrument creating the trust was executed by the grantor before January 1, 1972;
(b) The trust became irrevocable upon the creation of the trust; and
(c) The grantor was domiciled in this state at the time the trust was created.
Sec. 5747.012. This section applies for the purposes of
divisions (BB)(3) and (BB)(4)(a)(ii) of section 5747.01 of the
Revised Code.
(A) As used in this section:
(1)(a) Except as set forth in division (A)(1)(b) of this
section, "qualifying investment income" means the portion of a
qualifying investment pass-through entity's net income
attributable to transaction fees in connection with the
acquisition, ownership, or disposition of intangible property;
loan fees; financing fees; consent fees; waiver fees; application
fees; net management fees; dividend income; interest income; net
capital gains from the sale or exchange or other disposition of
intangible property; and all types and classifications of income
attributable to distributive shares of income from other
pass-through entities.
(b)(i) Notwithstanding division (A)(1)(a) of this section,
"qualifying investment income" does not include any part of the
qualifying investment pass-through entity's net capital gain
which, after the application of section 5747.231 of the Revised
Code with respect to a trust, would also constitute a qualifying
trust amount.
(ii) Notwithstanding division (A)(1)(a) of this section,
"qualifying investment income" does not include any part of the
qualifying investment pass-through entity's net income
attributable to the portion of a distributive share of income
directly or indirectly from another pass-through entity to the
extent such portion constitutes the other pass-through entity's
net capital gain which, after the application of section 5747.231
of the Revised Code with respect to a trust, would also constitute
a qualifying trust amount.
(2) "Qualifying investment pass-through entity" means an
investment pass-through entity, as defined in section 5733.401 of
the Revised Code, subject to the following qualifications:
(a) "Forty per cent" shall be substituted for "ninety per
cent" wherever "ninety per cent" appears in section 5733.401 of
the Revised Code.
(b) The pass-through entity must have been formed or
organized as an entity prior to June 5, 2002, and must exist as a pass-through entity for all of the taxable year of the trust.
(c) The qualifying section 5747.012 trust or related
persons to the qualifying section 5747.012 trust must directly or
indirectly own at least five per cent of the equity of the
investment pass-through entity each day of the entity's fiscal or
calendar year
ending within or with the last day of the qualifying
section
5747.012 trust's taxable year;
(d) During the investment pass-through entity's calendar or
fiscal year ending within or with the last day of the qualifying
section 5747.012 trust's taxable year, the qualifying section 5747.012 trust or related persons of or to
the qualifying section 5747.012 trust must, on each day of the
investment pass-through entity's year, own directly, or own
through equity investments in other pass-through entities, more
than sixty per cent of the equity of the investment pass-through
entity.
(B) "Qualifying section 5747.012 trust" means a trust
satisfying one of the following:
(1) The trust was created prior to, and was irrevocable on,
June 5, 2002; or
(2) If the trust was created after June 4, 2002, or if
the trust became irrevocable after June 4, 2002, then at least
eighty per cent of the assets transferred to the trust must have
been previously owned by related persons to the trust or by a
trust created prior to June 5, 2002, under which the creator did
not retain the power to change beneficiaries, amend the trust, or
revoke the trust. For purposes of division (B)(2) of this
section, the power to
substitute property of equal value shall not
be considered to be a
power to change beneficiaries, amend the
trust, or revoke the
trust.
(C) For the purposes of this section, "related persons"
means the family of a qualifying individual beneficiary, as
defined in
division (A)(5) of section 5747.011 of the Revised
Code. For the
purposes of this division, "family" has the same
meaning as in
division (A)(6) of section 5747.011 of the Revised
Code.
(D) For the purposes of applying divisions (A)(2)(c),
(A)(2)(d), and (B)(2) of this section, the related persons or the
qualifying section 5747.012 trust, as the case may be, shall be
deemed to own the equity of the investment pass-through entity
after the application of division (B) of section 5747.011 of the
Revised Code.
(E) "Irrevocable" has the same meaning as in division
(I)(3)(b) of section 5747.01 of the Revised Code.
(F) Nothing in this section requires any item of income,
gain, or loss not satisfying the definition of qualifying
investment income
to be treated as modified nonbusiness income.
Any item of income,
gain, or loss that is not qualifying
investment income is modified
business income, modified
nonbusiness income, or a qualifying
trust amount, as the case may
be.
Sec. 5747.05. As used in this section, "income tax"
includes
both a tax on net income and a tax measured by net
income.
The following credits shall be allowed against the income
tax
imposed by section 5747.02 of the Revised Code
on individuals and
estates:
(A)(1) The amount of tax otherwise due under section
5747.02
of the Revised Code on such portion of the adjusted gross
income
of any nonresident taxpayer that is not allocable to this
state
pursuant to sections 5747.20 to 5747.23 of the Revised
Code;
(2) The credit provided under this division shall not
exceed
the portion of the total tax due under section 5747.02 of
the
Revised Code that the amount of the nonresident taxpayer's
adjusted gross income not allocated to this state pursuant to
sections 5747.20 to 5747.23 of the Revised Code bears to the
total
adjusted gross income of the nonresident taxpayer derived
from all
sources everywhere.
(3) The tax commissioner may enter into an agreement with
the taxing authorities of any state or of the District of
Columbia
that imposes an income tax to provide that compensation
paid in
this state to a nonresident taxpayer shall not be subject
to the
tax levied in section 5747.02 of the Revised Code so long
as
compensation paid in such other state or in the District of
Columbia to a resident taxpayer shall likewise not be subject to
the income tax of such other state or of the District of
Columbia.
(B) The lesser of division (B)(1) or (2) of this section:
(1) The amount of tax otherwise due under section 5747.02
of
the Revised Code on such portion of the adjusted gross income
of a
resident taxpayer that in another state or in the District
of
Columbia is subjected to an income tax. The credit provided
under
division (B)(1) of this section shall not exceed the
portion of
the total tax due under section 5747.02 of the Revised
Code that
the amount of the resident taxpayer's adjusted gross
income
subjected to an income tax in the other state or in the
District
of Columbia bears to the total adjusted gross income of
the
resident taxpayer derived from all sources everywhere.
(2) The amount of income tax liability to another state or
the District of Columbia on the portion of the adjusted gross
income of a resident taxpayer that in another state or in the
District of Columbia is subjected to an income tax. The credit
provided under division (B)(2) of this section shall not exceed
the amount of tax otherwise due under section 5747.02 of the
Revised Code.
(3) If the credit provided under division (B) of this
section is affected by a change in either the portion of adjusted
gross income of a resident taxpayer subjected to an income tax in
another state or the District of Columbia or the amount of income
tax liability that has been paid to another state or the District
of Columbia, the taxpayer shall report the change to the tax
commissioner within sixty days of the change in such form as the
commissioner requires.
(a) In the case of an underpayment, the report shall be
accompanied by payment of any additional tax due as a result of
the reduction in credit together with interest on the additional
tax and is a return subject to assessment under section 5747.13
of
the Revised Code solely for the purpose of assessing any
additional tax due under this division, together with any
applicable penalty and interest. It shall not reopen the
computation of the taxpayer's tax liability under this chapter
from a previously filed return no longer subject to assessment
except to the extent that such liability is affected by an
adjustment to the credit allowed by division (B) of this section.
(b) In the case of an overpayment, an application for
refund
may be filed under this division within the sixty day
period
prescribed for filing the report even if it is beyond the
period
prescribed in section 5747.11 of the Revised Code if it
otherwise
conforms to the requirements of such section. An
application
filed under this division shall only claim refund of
overpayments
resulting from an adjustment to the credit allowed
by division (B)
of this section unless it is also filed within
the time prescribed
in section 5747.11 of the Revised Code. It
shall not reopen the
computation of the taxpayer's tax liability
except to the extent
that such liability is affected by an
adjustment to the credit
allowed by division (B) of this section.
(4) No credit shall be allowed under division (B) of this section to the extent that for any taxable year for income tax paid or accrued to another state or to the District of Columbia if the taxpayer, when computing federal adjusted gross income, has directly or indirectly deducted, or was required to directly or indirectly deduct, the amount of that income tax liability to another state or the District of Columbia in computing federal adjusted gross income.
(C) For a taxpayer sixty-five years of age or older during
the taxable year, a credit for such year equal to fifty dollars
for each
return
required to be filed under section 5747.08 of the
Revised Code.
(D) A taxpayer sixty-five years of age or older during the
taxable year who has received a lump-sum distribution from a
pension, retirement, or profit-sharing plan in the taxable year
may elect to receive a credit under this division in lieu of the
credit to which
the taxpayer is entitled under division (C)
of
this
section. A taxpayer making such election shall receive a
credit
for the taxable year equal to fifty dollars times the
taxpayer's
expected remaining life as shown by annuity tables
issued under
the provisions of the Internal Revenue Code and in
effect for the
calendar year which includes the last day of the
taxable year. A
taxpayer making an election under this division
is not entitled
to the credit authorized under division (C) of
this section in
subsequent taxable years except that if such
election was made
prior to July 1, 1983, the taxpayer is entitled
to one-half the
credit authorized under such division in
subsequent taxable years
but may not make another election under
this division.
(E) A taxpayer who is not sixty-five years of age or older
during the taxable year who has received a lump-sum distribution
from a pension, retirement, or profit-sharing plan in a taxable
year ending on or before July 31, 1991, may elect to take a
credit
against the tax otherwise due under this chapter for such
year
equal to fifty dollars times the expected remaining life of
a
taxpayer sixty-five years of age as shown by annuity tables
issued
under the provisions of the Internal Revenue Code and in
effect
for the calendar year which includes the last day of the
taxable
year. A taxpayer making an election under this division
is not
entitled to a credit under division (C) or (D) of this
section in
any subsequent year except that if such election was
made prior to
July 1, 1983, the taxpayer is entitled to one-half
the credit
authorized under division (C) of this section in
subsequent years
but may not make another election under this
division. No
taxpayer may make an election under this division
for a taxable
year ending on or after August 1, 1991.
(F) A taxpayer making an election under either division
(D)
or (E) of this section may make only one such election in the
taxpayer's lifetime.
(G)(1) On a joint return filed by a husband and wife, each
of whom had adjusted gross income of at least five hundred
dollars, exclusive of interest, dividends and distributions,
royalties, rent, and capital gains, a credit equal to the
percentage shown in the table contained in this division of the
amount of tax due after allowing for any other credit that
precedes the credit
under this division in the order required
under section 5747.98 of the Revised
Code.
(2) The credit to which a taxpayer is entitled under this
division in any taxable year is the percentage shown in column B
that corresponds with the taxpayer's adjusted gross income, less
exemptions for the taxable year:
IF THE ADJUSTED GROSS INCOME, LESS EXEMPTIONS, FOR THE TAX YEAR
IS: |
|
THE CREDIT FOR THE TAXABLE YEAR IS: |
$25,000 or less |
|
20% |
More than $25,000 but not more than $50,000 |
|
15% |
More than $50,000 but not more than $75,000 |
|
10% |
More than $75,000 |
|
5% |
(3) The credit allowed under this division shall not
exceed
six hundred fifty dollars in any taxable year.
(H) No claim for credit under this section shall be
allowed
unless the claimant furnishes such supporting information
as the
tax commissioner prescribes by rules. Each credit under this
section
shall be claimed in the order required under section
5747.98 of the Revised
Code.
(I) An individual who is a resident for part of a taxable
year and a nonresident for the remainder of the taxable year is
allowed the credits under divisions (A) and (B) of this section
in
accordance with rules prescribed by the tax commissioner. In
no
event shall the same income be subject to both credits.
(J) The credit allowed under division (A) of this section
shall be calculated based upon the amount of tax due under
section
5747.02 of the Revised Code after subtracting any other
credits
that precede the credit under that division in the order required
under section 5747.98 of the Revised Code. The credit allowed
under division
(B) of this section shall be calculated based upon
the amount of
tax due under section 5747.02 of the Revised Code
after
subtracting any other credits that precede the credit under
that division in
the order required under section 5747.98 of
the
Revised Code.
(K) No credit shall be allowed under division (B) of this
section unless the taxpayer furnishes such proof as the tax
commissioner shall require that the income tax liability has been
paid to another state or the District of Columbia.
(L) No credit shall be allowed under division (B) of this
section for compensation that is not subject to the income tax of
another state or the District of Columbia as the result of an
agreement entered into by the tax commissioner under division
(A)(3) of this section.
Sec. 5747.056. For taxable years beginning in 2005 or thereafter, a credit shall be allowed per return against the tax imposed by section 5747.02 of the Revised Code for an individual whose a return not filed by an estate or trust that indicates Ohio adjusted gross income less exemptions is of ten thousand dollars or less. For taxable years beginning in 2005, the credit shall equal one hundred seven dollars. For taxable years beginning in 2006, the credit shall equal one hundred two dollars. For taxable years beginning in 2007, the credit shall equal ninety-eight dollars. For taxable years beginning in 2008, the credit shall equal ninety-three dollars. For taxable years beginning in 2009 or thereafter, the credit shall equal eighty-eight dollars. The credit shall be claimed in the order required under section 5747.98 of the Revised Code.
Sec. 5747.11. (A) The tax commissioner shall refund to
employers, qualifying entities, or taxpayers, with
respect to any tax imposed under
section 5733.41, 5747.02, or 5747.41, or
Chapter 5748. of the Revised Code:
(1) Overpayments of more than one dollar;
(2) Amounts in excess of one dollar paid illegally or
erroneously;
(3) Amounts in excess of one dollar paid on an illegal,
erroneous, or excessive assessment.
(B) Except as otherwise provided under divisions (D) and (E) of this section,
applications for refund shall be filed with the tax
commissioner, on the form prescribed by the commissioner,
within four years from the date of the illegal, erroneous, or excessive
payment of the tax, or within any additional period allowed by division
(B)(3)(b) of section 5747.05, division (B) of section 5747.10,
division (A) of section 5747.13, or division (C) of
section 5747.45 of the Revised Code.
On filing of the refund application, the commissioner shall
determine the amount of refund due and certify such 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. Payment shall be made as provided in division (C) of
section 117.45 126.35 of the Revised Code.
(C)(1) Interest shall be allowed and paid upon any illegal or
erroneous assessment in excess of one dollar in respect of the
tax imposed under section 5747.02 or Chapter 5748. of the
Revised Code at the rate per annum prescribed by section 5703.47
of the Revised Code from the date of the payment of the illegal
or erroneous assessment until the date the refund of such amount
is paid. If such refund results from the filing of a return or
report, or the payment accompanying such return or report, by an
employer or taxpayer, rather than from an assessment by the
commissioner, such interest shall run from a period ninety days
after the final filing date of the annual return until the date
the refund is paid.
(2) Interest shall be allowed and paid at the rate per annum
prescribed by section 5703.47 of the Revised Code upon any
overpayment in excess of one dollar in respect of the tax imposed
under section 5747.02 or Chapter 5748. of the Revised Code from
the date of the overpayment until the date of the refund of the
overpayment, except that if any overpayment is refunded within
ninety days after the final filing date of the annual return or
ninety days after the return is filed, whichever is later, no
interest shall be allowed on such overpayment. If the
overpayment results from the carryback of a net operating loss or
net capital loss to a previous taxable year, the overpayment is
deemed not to have been made prior to the filing date, including
any extension thereof, for the taxable year in which the net
operating loss or net capital loss arises. For purposes of the
payment of interest on overpayments, no amount of tax, for any
taxable year, shall be treated as having been paid before the
date on which the tax return for that year was due without regard
to any extension of time for filing such return.
(3) Interest shall be allowed at the rate per annum prescribed by
section 5703.47 of the Revised Code on amounts refunded with respect to the
taxes imposed under
sections 5733.41 and 5747.41 of the Revised Code. The interest shall run from
whichever of the following days is
the latest until the day the refund is paid: the day the
illegal, erroneous, or excessive payment was made; the ninetieth
day after the final day the annual report was required to be
filed under section 5747.42 of the Revised Code; or the ninetieth day after
the day that report was filed.
(D) "Ninety days" shall be substituted for "four years" in division (B) of
this section if the taxpayer satisfies both of the following conditions:
(1) The taxpayer has applied for a refund based in whole or in part upon
section 5747.059 of the Revised Code;
(2) The taxpayer asserts that either the imposition or collection of the tax
imposed or charged by this chapter or any portion of such tax violates the
Constitution of the United States or the Constitution of Ohio.
(E)(1) Division (E)(2) of this section applies only if all of the following
conditions are satisfied:
(a) A qualifying entity pays an amount of the tax imposed by section 5733.41
or 5747.41 of the Revised Code;
(b) The taxpayer is a qualifying investor as to that qualifying entity;
(c) The taxpayer did not claim the credit provided for in section 5747.059 of
the Revised Code as to the tax described in division (E)(1)(a) of this
section;
(d) The four-year period described in division (B) of this section has ended
as to the taxable year for which the taxpayer otherwise would have claimed
that credit.
(2) A taxpayer shall file an application for refund pursuant to division (E)
of this section within one year after the date the payment described in
division (E)(1)(a) of this section is made. An application filed under
division (E)(2) of this section shall claim refund only of overpayments
resulting from the taxpayer's failure to claim the credit described in
division (E)(1)(c) of this section. Nothing in division (E) of this section
shall be construed to relieve a taxpayer from complying with division (A)(16)
of section 5747.01 of the Revised Code.
Sec. 5747.331. (A) As used in this section:
(1) "Borrower" means any person that receives a loan from the director of development under section 166.21 of the Revised Code, regardless of whether the borrower is subject to the tax imposed by section 5747.02 of the Revised Code.
(2) "Related member" has the same meaning as in section 5733.042 of the Revised Code.
(3) "Qualified research and development loan payments" has the same meaning as in division (D) of section 166.21 of the Revised Code.
(B) Beginning with taxable year 2003 and ending with taxable years beginning in 2007, a nonrefundable credit is allowed against the tax imposed by section 5747.02 of the Revised Code equal to a borrower's qualified research and development loan payments made during the calendar year that includes the last day of the taxable year for which the credit is claimed. The amount of the credit for a taxable year shall not exceed one hundred fifty thousand dollars. No taxpayer is entitled to claim a credit under this section unless it has obtained a certificate issued by the director of development under division (D) of section 166.21 of the Revised Code and submits a copy of the certificate with its report for the taxable year. Failure to submit a copy of the certificate with the report does not invalidate a claim for a credit if the taxpayer submits a copy of the certificate within sixty days after the tax commissioner requests it. The credit shall be claimed in the order required under section 5747.98 of the Revised Code. The credit, to the extent it exceeds the taxpayer's tax liability for the taxable year after allowance for any other credits that precede the credit under this section in that order, shall be carried forward to the next succeeding taxable year or years until fully used. Any credit not fully utilized by the taxable year beginning in 2007 may be carried forward and applied against the tax levied by Chapter 5751. of the Revised Code to the extent allowed by section 5751.52 of the Revised Code.
(C) A borrower entitled to a credit under this section may assign the credit, or a portion thereof, to any of the following:
(1) A related member of that borrower;
(2) The owner or lessee of the eligible research and development project;
(3) A related member of the owner or lessee of the eligible research and development project.
A borrower making an assignment under this division shall provide written notice of the assignment to the tax commissioner and the director of development, in such form as the tax commissioner prescribes, before the credit that was assigned is used. The assignor may not claim the credit to the extent it was assigned to an assignee. The assignee may claim the credit only to the extent the assignor has not claimed it.
(D) If any taxpayer is a shareholder in an S corporation, a partner in a partnership, or a member in a limited liability company treated as a partnership for federal income tax purposes, the taxpayer shall be allowed the taxpayer's distributive or proportionate share of the credit available through the S corporation, partnership, or limited liability company.
(E) The aggregate credit against the taxes imposed by sections 5733.06, 5733.065, 5733.066, and 5747.02 of the Revised Code that may be claimed under this section and section 5733.352 of the Revised Code by a borrower as a result of qualified research and development loan payments attributable during a calendar year to any one loan shall not exceed one hundred fifty thousand dollars.
Sec. 5748.01. As used in this chapter:
(A) "School district income tax" means an income tax
adopted under one of the following:
(1) Former section 5748.03 of the Revised Code as it
existed prior to its repeal by Amended Substitute House Bill No.
291 of the 115th general assembly;
(2) Section 5748.03 of the Revised Code as enacted in
Substitute Senate Bill No. 28 of the 118th general assembly;
(3) Section 5748.08 of the Revised Code as enacted in Amended
Substitute Senate Bill
No. 17 of the 122nd general assembly.
(B) "Individual" means an individual subject to the tax
levied by section 5747.02 of the Revised Code.
(C) "Estate" means an estate subject to the tax levied by
section 5747.02 of the Revised Code.
(D) "Taxable year" means a taxable year as defined in
division (M) of section 5747.01 of the Revised Code.
(E) "Taxable income" means:
(1) In the case of an individual, one of the following, as specified in the resolution imposing the tax:
(a) Ohio adjusted gross income
for the taxable year as defined in division (A) of section
5747.01 of the Revised Code, less the exemptions provided by
section 5747.02 of the Revised Code, and less military pay and allowances the deduction of which has been authorized pursuant to section 5748.011 of the Revised Code;
(b) Wages, salaries, tips, and other employee compensation to the extent included in Ohio adjusted gross income as defined in section 5747.01 of the Revised Code, less military pay and allowances the deduction of which has been authorized pursuant to section 5748.011 of the Revised Code, and net earnings from self-employment, as defined in section 1402(a) of the Internal Revenue Code, to the extent included in Ohio adjusted gross income.
(2) In the case of an estate, taxable income for the
taxable year as defined in division (S) of section 5747.01 of the
Revised Code.
(F) Except as provided in section 5747.25 of the Revised
Code, "resident" of the school district means:
(1) An individual who is a resident of this state as
defined in division (I) of section 5747.01 of the Revised Code
during all or a portion of the taxable year and who, during all
or a portion of such period of state residency, is domiciled in
the school district or lives in and maintains a permanent place
of abode in the school district;
(2) An estate of a decedent who, at the time of death,
was domiciled in the school district.
(G) "School district income" means:
(1) With respect to an individual, the portion of the
taxable income of an individual that is received by the
individual during the portion of the taxable year that the
individual is a resident of the school district and the school
district income tax is in effect in that school district. An
individual may have school district income with respect to more
than one school district.
(2) With respect to an estate, the taxable income of the
estate for the portion of the taxable year that the school
district income tax is in effect in that school district.
(H) "Taxpayer" means an individual or estate having school
district income upon which a school district income tax is
imposed.
(I) "School district purposes" means any of the purposes
for which a tax may be levied pursuant to section 5705.21 of the
Revised Code.
Sec. 5748.011. The board of education of a school district that levies a school district income tax under this chapter may, by resolution, authorize individuals to deduct, in computing an individual's taxable income under section 5748.01 of the Revised Code, military pay and allowances received by the individual during the taxable year for service in the United States army, air force, navy, marine corps, or coast guard or reserve components thereof or the national guard if the military pay and allowances were received by the individual while the individual was stationed outside this state. A deduction authorized pursuant to this section may be claimed only to the extent the military pay and allowances are included in an individual's federal adjusted gross income, as defined and used in the Internal Revenue Code, and are not otherwise allowable as a deduction or exclusion in computing the individual's federal or Ohio adjusted gross income for the taxable year as defined in section 5747.01 of the Revised Code. A copy of the resolution shall be provided to the tax commissioner upon its adoption. A resolution authorizing the deduction shall specify the taxable year with respect to which the deduction first applies, provided that the deduction cannot apply with respect to any taxable year that commences sooner than seventy-five days after the date on which the tax commissioner receives the resolution.
Sec. 5748.02. (A) The board of education of any school
district, except a joint vocational school district,
may declare, by resolution, the necessity of raising annually a
specified amount of money for school district purposes. The resolution shall specify whether the income that is to be subject to the tax is taxable income of individuals and estates as defined in divisions (E)(1)(a) and (2) of section 5748.01 of the Revised Code or taxable income of individuals as defined in division (E)(1)(b) of that section. A copy
of the resolution shall be certified to the tax commissioner no
later than eighty-five days prior to the date of the election at
which the board intends to propose a levy under this section.
Upon receipt of the copy of the resolution, the tax commissioner
shall estimate both of the following:
(1) The property tax rate that would have to be imposed in
the current year by the district to produce an equivalent amount
of money;
(2) The income tax rate that would have had to have been
in effect for the current year to produce an equivalent amount of
money from a school district income tax.
Within ten days of receiving the copy of the board's
resolution, the commissioner shall prepare these estimates and
certify them to the board. Upon receipt of the certification,
the board may adopt a resolution proposing an income tax under
division (B) of this section at the estimated rate contained in
the certification rounded to the nearest one-fourth of one per
cent. The commissioner's certification applies only to the
board's proposal to levy an income tax at the election for which
the board requested the certification. If the board intends to
submit a proposal to levy an income tax at any other election, it
shall request another certification for that election in the
manner prescribed in this division.
(B)(1) Upon the receipt of a certification from the tax
commissioner under division (A) of this section, a majority of
the members of a board of education may adopt a resolution
proposing the levy of an annual tax for school district purposes
on school district income. The
proposed levy may be for a continuing period of time or for a
specified number of years. The resolution shall set forth the
purpose for which the tax is to be imposed, the rate of the tax,
which shall be the rate set forth in the commissioner's
certification rounded to the nearest one-fourth of one per cent,
the number of years the tax will be levied or that it will be
levied for a continuing period of time, the date on which the tax
shall take effect, which shall be the first day of January of any
year following the year in which the question is submitted, and
the date of the election at which the proposal shall be submitted
to the electors of the district, which shall be on the date of a
primary, general, or special election the date of which is
consistent with section 3501.01 of the Revised Code. The resolution shall specify whether the income that is to be subject to the tax is taxable income of individuals and estates as defined in divisions (E)(1)(a) and (2) of section 5748.01 of the Revised Code or taxable income of individuals as defined in division (E)(1)(b) of that section. The specification shall be the same as the specification in the resolution adopted and certified under division (A) of this section. If
the board of education currently imposes an income tax pursuant
to this chapter that is due to expire and
a question is submitted under this section for a proposed income tax to take
effect upon the expiration of the existing tax,
the board may specify in the resolution that the proposed tax renews the
expiring tax and is not an additional income tax, provided that the tax rate
being proposed is no higher than the tax rate that is currently imposed.
(2) A board of education adopting a resolution under
division (B)(1) of this section proposing a school district
income tax for a continuing period of time and limited to the
purpose of current expenses may propose in that resolution to
reduce the rate or rates of one or more of the school district's
property taxes levied for a continuing period of time in excess
of the ten-mill limitation for the purpose of current expenses.
The reduction in the rate of a property tax may be any amount,
expressed in mills per one dollar in valuation, not exceeding the
rate at which the tax is authorized to be levied. The reduction
in the rate of a tax shall first take effect for the tax year
that includes the day on which the school district income tax
first takes effect, and shall continue for each tax year that
both the school district income tax and the property tax levy are
in effect.
In addition to the matters required to be set forth in the
resolution under division (B)(1) of this section, a resolution
containing a proposal to reduce the rate of one or more property
taxes shall state for each such tax the maximum rate at which it
currently may be levied and the maximum rate at which the tax
could be levied after the proposed reduction, expressed in mills
per one dollar in valuation, and that the tax is levied for a
continuing period of time.
If a board of education proposes to reduce the rate of one
or more property taxes under division (B)(2) of this section, the
board, when it makes the certification required under division
(A) of this section, shall designate the specific levy or levies
to be reduced, the maximum rate at which each levy currently is
authorized to be levied, and the rate by which each levy is
proposed to be reduced. The tax commissioner, when making the
certification to the board under division (A) of this section,
also shall certify the reduction in the total effective tax rate
for current expenses for each class of property that would have
resulted if the proposed reduction in the rate or rates had been
in effect the previous tax year. As used in this paragraph,
"effective tax rate" has the same meaning as in section 323.08 of
the Revised Code.
(C) A resolution adopted under division (B) of this
section shall go into immediate effect upon its passage, and no
publication of the resolution shall be necessary other than that
provided for in the notice of election. Immediately after its
adoption and at least seventy-five days prior to the election at
which the question will appear on the ballot, a copy of the
resolution shall be certified to the board of elections of the
proper county, which shall submit the proposal to the electors on
the date specified in the resolution. The form of the ballot
shall be as provided in section 5748.03 of the Revised Code.
Publication of notice of the election shall be made in one or
more newspapers of general circulation in the county once a week
for four consecutive weeks. The notice shall contain the time
and place of the election and the question to be submitted to the
electors. The question covered by the resolution shall be
submitted as a separate proposition, but may be printed on the
same ballot with any other proposition submitted at the same
election, other than the election of officers.
(D) No board of education shall submit the question of a
tax on school district income to the electors of the district
more than twice in any calendar year. If a board submits the
question twice in any calendar year, one of the elections on the
question shall be held on the date of the general election.
(E)(1) No board of education may submit to the electors of the district the question of a tax on school district income on the taxable income of individuals as defined in division (E)(1)(b) of section 5748.01 of the Revised Code if that tax would be in addition to an existing tax on the taxable income of individuals and estates as defined in divisions (E)(1)(a) and (2) of that section.
(2) No board of education may submit to the electors of the district the question of a tax on school district income on the taxable income of individuals and estates as defined in divisions (E)(1)(a) and (2) of section 5748.01 of the Revised Code if that tax would be in addition to an existing tax on the taxable income of individuals as defined in division (E)(1)(b) of that section.
Sec. 5751.01. As used in this chapter:
(A) "Person" means, but is not limited to, individuals, combinations of individuals of any form, receivers, assignees, trustees in bankruptcy, firms, companies, joint-stock companies, business trusts, estates, partnerships, limited liability partnerships, limited liability companies, associations, joint ventures, clubs, societies, for-profit corporations, S corporations, qualified subchapter S subsidiaries, qualified subchapter S trusts, trusts, entities that are disregarded for federal income tax purposes, and any other entities. "Person" does not include nonprofit organizations or the state, its agencies, its instrumentalities, and its political subdivisions.
(B) "Consolidated elected taxpayer" means a group of two or more persons treated as a single taxpayer for purposes of this chapter as the result of an election made under section 5751.011 of the Revised Code.
(C) "Combined taxpayer" means a group of two or more persons treated as a single taxpayer for purposes of this chapter under section 5751.012 of the Revised Code.
(D) "Taxpayer" means any person, or any group of persons in the case of a consolidated elected taxpayer or combined taxpayer treated as one taxpayer, required to register or pay tax under this chapter. "Taxpayer" does not include excluded persons.
(E) "Excluded person" means any of
the following:
(1) Any person with not more than one hundred fifty thousand dollars of taxable gross receipts during the calendar year. Division (E)(1) of this section does not apply to a person that is a member of a group that is a consolidated elected taxpayer or a combined taxpayer;
(2) A public utility that paid the excise tax imposed by section 5727.24 or 5727.30 of the Revised Code based on one or more measurement periods that include the entire tax period under this chapter, except that a public utility that is a combined company is a taxpayer with regard to the following gross receipts:
(a) Taxable gross receipts directly attributed to a public utility activity, but not directly attributed to an activity that is subject to the excise tax imposed by section 5727.24 or 5727.30 of the Revised Code;
(b) Taxable gross receipts that cannot be directly attributed to any activity, multiplied by a fraction whose numerator is the taxable gross receipts described in division (E)(2)(a) of this section and whose denominator is the total taxable gross receipts that can be directly attributed to any activity;
(c) Except for any differences resulting from the use of an accrual basis method of accounting for purposes of determining gross receipts under this chapter and the use of the cash basis method of accounting for purposes of determining gross receipts under section 5727.24 of the Revised Code, the gross receipts directly attributed to the activity of a natural gas company shall be determined in a manner consistent with division (D) of section 5727.03 of the Revised Code.
As used in division (E)(2) of this section, "combined company" and "public utility" have the same meanings as in section 5727.01 of the Revised Code.
(3) A financial institution, as defined in section 5725.01 of the Revised Code, that paid the corporation franchise tax charged by division (D) of section 5733.06 of the Revised Code based on one or more taxable years that include the entire tax period under this chapter;
(4) A dealer in intangibles, as defined in section 5725.01 of the Revised Code, that paid the dealer in intangibles tax levied by division (D) of section 5707.03 of the Revised Code based on one or more measurement periods that include the entire tax period under this chapter;
(5) A financial holding company as defined in the "Bank Holding Company Act," 12 U.S.C. 1841(p);
(6) A bank holding company as defined in the "Bank Holding Company Act," 12 U.S.C. 1841(a);
(7) A savings and loan holding company as defined in the "Home Owners Loan Act," 12 U.S.C. 1467a(a)(1)(D) that is engaging only in activities or investments permissible for a financial holding company under 12 U.S.C. 1843(k);
(8) A person directly or indirectly owned by one or more financial institutions, financial holding companies, bank holding companies, or savings and loan holding companies described in division (E)(3), (5), (6), or (7) of this section that is engaged in activities permissible for a financial holding company under 12 U.S.C. 1843(k), except that any such person held pursuant to merchant banking authority under 12 U.S.C. 1843(k)(4)(H) or 12 U.S.C. 1843(k)(4)(I) is not an excluded person, or a person directly or indirectly owned by one or more insurance companies described in division (E)(9) of this section that is authorized to do the business of insurance in this state.
For the purposes of division (E)(8) of this section, a person owns another person under the following circumstances:
(a) In the case of corporations issuing capital stock, one corporation owns another corporation if it owns fifty per cent or more of the other corporation's capital stock with current voting rights;
(b) In the case of a limited liability company, one person owns the company if that person's membership interest, as defined in section 1705.01 of the Revised Code, is fifty per cent or more of the combined membership interests of all persons owning such interests in the company;
(c) In the case of a partnership, trust, or other unincorporated business organization other than a limited liability company, one person owns the organization if, under the articles of organization or other instrument governing the affairs of the organization, that person has a beneficial interest in the organization's profits, surpluses, losses, or distributions of fifty per cent or more of the combined beneficial interests of all persons having such an interest in the organization;
(d) In the case of multiple ownership, the ownership interests of more than one person may be aggregated to meet the fifty per cent ownership tests in this division only when each such owner is described in division (E)(3), (5), (6), or (7) of this section and is engaged in activities permissible for a financial holding company under 12 U.S.C. 1843(k) or is a person directly or indirectly owned by one or more insurance companies described in division (E)(9) of this section that is authorized to do the business of insurance in this state;
(9) A domestic insurance company or foreign insurance company, as defined in section 5725.01 of the Revised Code, that paid the insurance company premiums tax imposed by section 5725.18 or Chapter 5729. of the Revised Code based on one or more measurement periods that include the entire tax period under this chapter;
(10) A person that solely facilitates or services one or more securitizations or similar transactions for any person described in division (E)(3), (5), (6), (7), (8), or (9) of this section. For purposes of this division, "securitization" means transferring one or more assets to one or more persons and then issuing securities backed by the right to receive payment from the asset or assets so transferred.
(11) Except as otherwise provided in this division, a pre-income tax trust as defined in division (FF)(4) of section 5747.01 of the Revised Code and any pass-through entity of which such pre-income tax trust owns or controls, directly, indirectly, or constructively through related interests, more than five per cent of the ownership or equity interests. If the pre-income tax trust has made a qualifying pre-income tax trust election under division (FF)(3) of section 5747.01 of the Revised Code, then the trust and the pass-through entities of which it owns or controls, directly, indirectly, or constructively through related interests, more than five per cent of the ownership or equity interests, shall not be excluded persons for purposes of the tax imposed under section 5751.02 of the Revised Code.
(F) Except as otherwise provided in divisions (F)(2), (3), and (4), and (5) of this section, "gross receipts" means the total amount realized by a person, without deduction for the cost of goods sold or other expenses incurred, that contributes to the production of gross income of the person, including the fair market value of any property and any services received, and any debt transferred or forgiven as consideration.
(1) The following are examples of gross receipts:
(a) Amounts realized from the sale, exchange, or other disposition of the taxpayer's property to or with another;
(b) Amounts realized from the taxpayer's performance of services for another;
(c) Amounts realized from another's use or possession of the taxpayer's property or capital;
(d) Any combination of the foregoing amounts.
(2) "Gross receipts" excludes the following amounts:
(a) Interest income except interest on credit sales;
(b) Dividends and distributions from corporations, and distributive or proportionate shares of receipts and income from a pass-through entity as defined under section 5733.04 of the Revised Code;
(c) Receipts from the sale, exchange, or other disposition of an asset described in section 1221 or 1231 of the Internal Revenue Code, without regard to the length of time the person held the asset;
(d) Proceeds received attributable to the repayment, maturity, or redemption of the principal of a loan, bond, mutual fund, certificate of deposit, or marketable instrument;
(e) The principal amount received under a repurchase agreement or on account of any transaction properly characterized as a loan to the person;
(f) Contributions received by a trust, plan, or other arrangement, any of which is described in section 501(a) of the Internal Revenue Code, or to which Title 26, Subtitle A, Chapter 1, Subchapter (D) of the Internal Revenue Code applies;
(g) Compensation, whether current or deferred, and whether in cash or in kind, received or to be received by an employee, former employee, or the employee's legal successor for services rendered to or for an employer, including reimbursements received by or for an individual for medical or education expenses, health insurance premiums, or employee expenses, or on account of a dependent care spending account, legal services plan, any cafeteria plan described in section 125 of the Internal Revenue Code, or any similar employee reimbursement;
(h) Proceeds received from the issuance of the taxpayer's own stock, options, warrants, puts, or calls, or from the sale of the taxpayer's treasury stock;
(i) Proceeds received on the account of payments from life insurance policies;
(j) Gifts or charitable contributions received, membership dues received, and payments received for educational courses, meetings, meals, or similar payments to a trade, professional, or other similar association; fundraising receipts received by any person when any excess receipts are donated or used exclusively for charitable purposes; and proceeds received by a nonprofit organization including proceeds realized with regard to its unrelated business taxable income;
(k) Damages received as the result of litigation in excess of amounts that, if received without litigation, would be gross receipts;
(l) Property, money, and other amounts received or acquired by an agent on behalf of another in excess of the agent's commission, fee, or other remuneration;
(m) Tax refunds and, other tax benefit recoveries, and reimbursements for the tax imposed under this chapter made by entities that are part of the same combined taxpayer or consolidated elected taxpayer group, and reimbursements made by entities that are not members of a combined taxpayer or consolidated elected taxpayer group that are required to be made for economic parity among multiple owners of an entity whose tax obligation under this chapter is required to be reported and paid entirely by one owner, pursuant to the requirements of sections 5751.011 and 5751.012 of the Revised Code;
(o) Contributions to capital;
(p) Sales or use taxes collected as a vendor or an out-of-state seller on behalf of the taxing jurisdiction from a consumer or other taxes the taxpayer is required by law to collect directly from a purchaser and remit to a local, state, or federal tax authority;
(q) In the case of receipts from the sale of cigarettes or tobacco products by a wholesale dealer, retail dealer, distributor, manufacturer, or seller, all as defined in section 5743.01 of the Revised Code, an amount equal to the federal and state excise taxes paid by any person on or for such cigarettes or tobacco products under subtitle E of the Internal Revenue Code or Chapter 5743. of the Revised Code;
(r) In the case of receipts from the sale of motor fuel by a licensed motor fuel dealer, licensed retail dealer, or licensed permissive motor fuel dealer, all as defined in section 5735.01 of the Revised Code, an amount equal to federal and state excise taxes paid by any person on such motor fuel under section 4081 of the Internal Revenue Code or Chapter 5735. of the Revised Code;
(s) In the case of receipts from the sale of beer or intoxicating liquor, as defined in section 4301.01 of the Revised Code, by a person holding a permit issued under Chapter 4301. or 4303. of the Revised Code, an amount equal to federal and state excise taxes paid by any person on or for such beer or intoxicating liquor under subtitle E of the Internal Revenue Code or Chapter 4301. or 4305. of the Revised Code;
(t) Receipts realized by a new motor vehicle dealer or used motor vehicle dealer, as defined in section 4517.01 of the Revised Code, from the sale or other transfer of a motor vehicle, as defined in that section, to another motor vehicle dealer for the purpose of resale by the transferee motor vehicle dealer, but only if the sale or other transfer was based upon the transferee's need to meet a specific customer's preference for a motor vehicle;
(u) Receipts from a financial institution described in division (E)(3) of this section for services provided to the financial institution in connection with the issuance, processing, servicing, and management of loans or credit accounts, if such financial institution and the recipient of such receipts have at least fifty per cent of their ownership interests owned or controlled, directly or constructively through related interests, by common owners;
(v) Receipts realized from administering anti-neoplastic drugs and other cancer chemotherapy, biologicals, therapeutic agents, and supportive drugs in a physician's office to patients with cancer;
(w) Funds received or used by a mortgage broker that is not a dealer in intangibles, other than fees or other consideration, pursuant to a table-funding mortgage loan or warehouse-lending mortgage loan. Terms used in division (F)(2)(x)(w) of this section have the same meanings as in section 1322.01 of the Revised Code, except "mortgage broker" means a person assisting a buyer in obtaining a mortgage loan for a fee or other consideration paid by the buyer or a lender, or a person engaged in table-funding or warehouse-lending mortgage loans that are first lien mortgage loans.
(x) Property, money, and other amounts received by a professional employer organization, as defined in section 4125.01 of the Revised Code, from a client employer, as defined in that section, in excess of the administrative fee charged by the professional employer organization to the client employer;
(y) In the case of amounts retained as commissions by a permit holder under Chapter 3769. of the Revised Code, an amount equal to the amounts specified under that chapter that must be paid to or collected by the tax commissioner as a tax and the amounts specified under that chapter to be used as purse money;
(z) Qualifying distribution center receipts.
(i) For purposes of division (F)(2)(z) of this section:
(I) "Qualifying distribution center receipts" means receipts of a supplier from qualified property that is delivered to a qualified distribution center, multiplied by a quantity that equals one minus the Ohio delivery percentage.
(II) "Qualified property" means tangible personal property delivered to a qualified distribution center that is shipped to that qualified distribution center solely for further shipping by the qualified distribution center to another location in this state or elsewhere. "Further shipping" includes storing and repackaging such property into smaller or larger bundles, so long as such property is not subject to further manufacturing or processing.
(III) "Qualified distribution center" means a warehouse or other similar facility in this state that, for the qualifying year, is operated by a person that is not part of a combined taxpayer group and that has a qualifying certificate. However, all warehouses or other similar facilities that are operated by persons in the same taxpayer group and that are located within one mile of each other shall be treated as one qualified distribution center.
(IV) "Qualifying year" means the calendar year to which the qualifying certificate applies.
(V) "Qualifying period" means the period of the first day of July of the second year preceding the qualifying year through the thirtieth day of June of the year preceding the qualifying year.
(VI) "Qualifying certificate" means an annual application approved by the tax commissioner from an operator of a distribution center that has filed an application as prescribed by the commissioner and paid the annual fee for the qualifying certificate on or before the first day of September prior to the qualifying year or forty-five days after the opening of the distribution center, whichever is later. The application and annual fee shall be filed and paid for each qualified distribution center.
The applicant must substantiate to the commissioner's satisfaction that, for the qualifying period, all persons operating the distribution center have more than fifty per cent of the cost of the qualified property shipped to a location such that it would be sitused outside this state under the provisions of division (E) of section 5751.033 of the Revised Code. The applicant must also substantiate that the distribution center cumulatively had costs from its suppliers equal to or exceeding five hundred million dollars during the qualifying period. (For purposes of division (F)(2)(z)(i)(VI) of this section, "supplier" excludes any person that is part of the consolidated elected taxpayer group, if applicable, of the operator of the qualified distribution center.) The commissioner may require the applicant to have an independent certified public accountant certify that the calculation of the minimum thresholds required for a qualified distribution center by the operator of a distribution center has been made in accordance with generally accepted accounting principles. The commissioner shall issue or deny the issuance of a certificate within sixty days after the receipt of the application. A denial is subject to appeal under section 5717.02 of the Revised Code. If the operator files a timely appeal under section 5717.02 of the Revised Code, the operator shall be granted a qualifying certificate, provided that the operator is liable for any tax, interest, or penalty upon amounts claimed as qualifying distribution center receipts, other than those receipts exempt under division (C)(1) of section 5751.011 of the Revised Code, that would have otherwise not been owed by its suppliers if the qualifying certificate was valid.
(VII) "Ohio delivery percentage" means the proportion of the total property delivered to a destination inside Ohio from the qualified distribution center during the qualifying period compared with total deliveries from such distribution center everywhere during the qualifying period.
(ii) If the distribution center is new and was not open for the entire qualifying period, the operator of the distribution center may request that the commissioner grant a qualifying certificate. If the certificate is granted and it is later determined that more than fifty per cent of the qualified property during that year was not shipped to a location such that it would be sitused outside of this state under the provisions of division (E) of section 5751.033 of the Revised Code or if it is later determined that the person that operates the distribution center had average monthly costs from its suppliers of less than forty million dollars during that year, then the operator of the distribution center shall be liable for any tax, interest, or penalty upon amounts claimed as qualifying distribution center receipts, other than those receipts exempt under division (C)(1) of section 5751.011 of the Revised Code, that would have not otherwise been owed by its suppliers during the qualifying year if the qualifying certificate was valid. (For purposes of division (F)(2)(z)(ii) of this section, "supplier" excludes any person that is part of the consolidated elected taxpayer group, if applicable, of the operator of the qualified distribution center.)
(iii) When filing an application for a qualifying certificate under division (F)(2)(z)(i)(VI) of this section, the operator of a qualified distribution center also shall provide documentation, as the commissioner requires, for the commissioner to ascertain the Ohio delivery percentage. The commissioner, upon issuing the qualifying certificate, also shall certify the Ohio delivery percentage. The operator of the qualified distribution center may appeal the commissioner's certification of the Ohio delivery percentage in the same manner as an appeal is taken from the denial of a qualifying certificate under division (F)(2)(z)(i)(VI) of this section.
Within thirty days after all appeals have been exhausted, the operator of the qualified distribution center shall notify the affected suppliers of qualified property that such suppliers are required to file, within sixty days after receiving notice from the operator of the qualified distribution center, amended reports for the impacted calendar quarter or quarters or calendar year, whichever the case may be. Any additional tax liability or tax overpayment shall be subject to interest but shall not be subject to the imposition of any penalty so long as the amended returns are timely filed. The supplier of tangible personal property delivered to the qualified distribution center shall include in its report of taxable gross receipts the receipts from the total sales of property delivered to the qualified distribution center for the calendar quarter or calendar year, whichever the case may be, multiplied by the Ohio delivery percentage for the qualifying year. Nothing in division (F)(2)(z)(iii) of this section shall be construed as imposing liability on the operator of a qualified distribution center for the tax imposed by this chapter arising from any change to the Ohio delivery percentage.
(iv) In the case where the distribution center is new and not open for the entire qualifying period, the operator shall make a good faith estimate of an Ohio delivery percentage for use by suppliers in their reports of taxable gross receipts for the remainder of the qualifying period. The operator of the facility shall disclose to the suppliers that such Ohio delivery percentage is an estimate and is subject to recalculation. By the due date of the next application for a qualifying certificate, the operator shall determine the actual Ohio delivery percentage for the estimated qualifying period and proceed as provided in division (F)(2)(z)(iii) of this section with respect to the calculation and recalculation of the Ohio delivery percentage. The supplier is required to file, within sixty days after receiving notice from the operator of the qualified distribution center, amended reports for the impacted calendar quarter or quarters or calendar year, whichever the case may be. Any additional tax liability or tax overpayment shall be subject to interest but shall not be subject to the imposition of any penalty so long as the amended returns are timely filed.
(v) Qualifying certificates and Ohio delivery percentages issued by the commissioner shall be open to public inspection and shall be timely published by the commissioner. A supplier relying in good faith on a certificate issued under this division shall not be subject to tax on the qualifying distribution center receipts under division (F)(2)(z) of this section. A person receiving a qualifying certificate is responsible for paying the tax, interest, and penalty upon amounts claimed as qualifying distribution center receipts that would not otherwise have been owed by the supplier if the qualifying certificate were available when it is later determined that the qualifying certificate should not have been issued because the statutory requirements were in fact not met.
(vi) The annual fee for a qualifying certificate shall be one hundred thousand dollars for each qualified distribution center. If a qualifying certificate is not issued, the annual fee is subject to refund after the exhaustion of all appeals provided for in division (F)(2)(z)(i)(VI) of this section. The fee imposed under this division may be assessed in the same manner as the tax imposed under this chapter. The first one hundred thousand dollars of the annual application fees collected each calendar year shall be credited to the commercial activity tax administrative fund. The remainder of the annual application fees collected shall be distributed in the same manner required under section 5751.20 of the Revised Code.
(vii) The tax commissioner may require that adequate security be posted by the operator of the distribution center on appeal when the commissioner disagrees that the applicant has met the minimum thresholds for a qualified distribution center as set forth in divisions (F)(2)(z)(i)(VI) and (F)(2)(z)(ii) of this section.
(aa) Any receipts for which the tax imposed by this chapter is prohibited by the constitution or laws of the United States or the constitution of this state.
(3)
In the case of a taxpayer when acting as a real estate broker, "gross receipts" includes only the portion of any fee for the service of a real estate broker, or service of a real estate salesperson associated with that broker, that is retained by the broker and not paid to an associated real estate salesperson or another real estate broker. For the purposes of this division, "real estate broker" and "real estate salesperson" have the same meanings as in section 4735.01 of the Revised Code.
(4) A taxpayer's method of accounting for gross receipts for a tax period shall be the same as the taxpayer's method of accounting for federal income tax purposes for the taxpayer's federal taxable year that includes the tax period. If a taxpayer's method of accounting for federal income tax purposes changes, its method of accounting for gross receipts under this chapter shall be changed accordingly.
In calculating gross receipts, the following shall be deducted to the extent included as a gross receipt in the current tax period or reported as taxable gross receipts in a prior tax period:
(a) Cash discounts allowed and taken;
(b) Returns and allowances;
(c) Bad debts from receipts upon which the tax imposed by this chapter was paid in a prior quarterly tax payment period. For the purposes of this division, "bad debts" mean any debts that have become worthless or uncollectible between the preceding and current quarterly tax payment periods, have been uncollected for at least six months, and may be claimed as a deduction under section 166 of the Internal Revenue Code and the regulations adopted pursuant thereto, or that could be claimed as such if the taxpayer kept its accounts on the accrual basis. "Bad debts" does not include uncollectible amounts on property that remains in the possession of the taxpayer until the full purchase price is paid, expenses in attempting to collect any account receivable or for any portion of the debt recovered, and repossessed property;
(d) Any amount realized from the sale of an account receivable but only to the extent the receipts from the underlying transaction giving rise to the account receivable were included in the gross receipts of the taxpayer.
(G) "Taxable gross receipts" means gross receipts sitused to this state under section 5751.033 of the Revised Code.
(H) A person has "substantial nexus with this state" if any of the following applies. The person:
(1) Owns or uses a part or all of its capital in this state;
(2) Holds a certificate of compliance with the laws of this state authorizing the person to do business in this state;
(3) Has bright-line presence in this state;
(4) Otherwise has nexus with this state to an extent that the person can be required to remit the tax imposed under this chapter under the constitution of the United States.
(I) A person has "bright-line presence" in this state for a reporting period and for the remaining portion of the calendar year if any of the following applies. The person:
(1) Has at any time during the calendar year property in this state with an aggregate value of at least fifty thousand dollars. For the purpose of division (I)(1) of this section, owned property is valued at original cost and rented property is valued at eight times the net annual rental charge.
(2) Has during the calendar year payroll in this state of at least fifty thousand dollars. Payroll in this state includes all of the following:
(a) Any amount subject to withholding by the person under section 5747.06 of the Revised Code;
(b) Any other amount the person pays as compensation to an individual under the supervision or control of the person for work done in this state; and
(c) Any amount the person pays for services performed in this state on its behalf by another.
(3) Has during the calendar year taxable gross receipts in this state of at least five hundred thousand dollars.
(4) Has at any time during the calendar year within this state at least twenty-five per cent of the person's total property, total payroll, or total sales gross receipts.
(5) Is domiciled in this state as an individual or for corporate, commercial, or other business purposes.
(J) "Tangible personal property" has the same meaning as in section 5739.01 of the Revised Code.
(K) "Internal Revenue Code" means the Internal Revenue Code of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended. Any term used in this chapter that is not otherwise defined has the same meaning as when used in a 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.
(L) "Calendar quarter" means a three-month period ending on the thirty-first day of March, the thirtieth day of June, the thirtieth day of September, or the thirty-first day of December.
(M) "Tax period" means the calendar quarter or calendar year on the basis of which a taxpayer is required to pay the tax imposed under this chapter.
(N) "Calendar year taxpayer" means a taxpayer for which the tax period is a calendar year.
(O) "Calendar quarter taxpayer" means a taxpayer for which the tax period is a calendar quarter.
(P) "Agent" means a person authorized by another person to act on its behalf to undertake a transaction for the other, including any of the following:
(1) A person receiving a fee to sell financial instruments;
(2) A person retaining only a commission from a transaction with the other proceeds from the transaction being remitted to another person;
(3) A person issuing licenses and permits under section 1533.13 of the Revised Code;
(4) A lottery sales agent holding a valid license issued under section 3770.05 of the Revised Code;
(5) A person acting as an agent of the division of liquor control under section 4301.17 of the Revised Code.
(Q) "Received" includes amounts accrued under the accrual method of accounting.
Sec. 5751.011. (A) A group of two or more persons may elect to be a consolidated elected taxpayer for the purposes of this chapter if the group satisfies all of the following requirements:
(1) The group elects to include all persons, including persons enumerated in divisions (E)(2) to (10) of section 5751.01 of the Revised Code, having at least eighty per cent, or having at least fifty per cent, of the value of their ownership interests owned or controlled, directly or constructively through related interests, by common owners during all or any portion of the tax period, together with the common owners. At the election of the group, all foreign corporations meeting entities that are not incorporated or formed under the laws of a state or of the United States and that meet the elected ownership test shall either be included in the group or all shall be excluded from the group. The group shall notify the tax commissioner of the foregoing elections at the time of filing the initial registration required under section 5751.04 of the Revised Code before the due date of the return in which the election is to become effective. If fifty per cent of the value of a person's ownership interests is owned or controlled by each of two consolidated elected taxpayer groups formed under the fifty per cent ownership or control test, that person is a member of each group for the purposes of this section, and each group shall include in the group's taxable gross receipts fifty per cent of that person's taxable gross receipts. Otherwise, all of that person's taxable gross receipts shall be included in the taxable gross receipts of the consolidated elected taxpayer group of which the person is a member. In no event shall the ownership or control of fifty per cent of the value of a person's ownership interests by two otherwise unrelated groups form the basis for consolidating the groups into a single consolidated elected taxpayer group or permit any exclusion under division (C) of this section of taxable gross receipts between members of the two groups. Division (A)(3) of this section applies with respect to the elections described in this division.
(2) The group applies to the tax commissioner for approval makes the election to be treated as a consolidated elected taxpayer pursuant to in the manner prescribed under division (D) of this section.
(3) The Subject to review and audit by the tax commissioner, the group agrees that if the commissioner approves the election, all of the following apply:
(a) The group shall file reports as a single taxpayer for at least the next eight calendar quarters following the election so long as at least two or more of the members of the group meet the requirements of division (A)(1) of this section.
(b) Before the expiration of the eighth such calendar quarter, the group shall notify the commissioner if it elects to cancel its designation as a consolidated elected taxpayer. If the group does not so notify the tax commissioner, the election remains in effect for another eight calendar quarters.
(c) If, at any time during any of those eight calendar quarters following the election, a former member of the group no longer meets the requirements under division (A)(1) of this section, that member shall report and pay the tax imposed under this chapter separately, as a member of a combined taxpayer, or, if the former member satisfies such requirements with respect to another consolidated elected group, as a member of that consolidated elected group.
(d) The group agrees to the application of division (B) of this section.
(B) A group of persons making the election under this section shall report and pay tax on all of the group's taxable gross receipts even if substantial nexus with this state does not exist for one or more persons in the group.
(C)(1) A consolidated elected taxpayer shall exclude taxable gross receipts between its members and taxable gross receipts received by a person enumerated in divisions (E)(2) to (10) of section 5751.01 of the Revised Code, except for taxable gross receipts received by a member described in division (E)(4) of section 5751.01 of the Revised Code that is not a qualifying dealer as defined in section 5725.24 of the Revised Code. Except as provided in division (C)(2) of this section, nothing in this section shall have the effect of excluding taxable gross receipts received from persons that are not members of the group.
(2) Gross receipts related to the sale or transmission of electricity through the use of an intermediary regional transmission organization approved by the federal energy regulatory commission shall be excluded from taxable gross receipts under division (C)(1) of this section if all other requirements of that division are met, even if the receipts are from and to the same member of the group.
(D) To make the election to be a consolidated elected taxpayer, a group of persons shall apply to notify the tax commissioner of the election in the manner prescribed by the commissioner and pay the commissioner a registration fee equal to the lesser of two hundred dollars or twenty dollars for each person in the group. No additional fee shall be imposed for the addition of new members to the group once the group has remitted a fee in the amount of two hundred dollars. The application election shall be filed made and the fee paid before the later of the beginning of the first calendar quarter to which the election applies or November 15, 2005. The fee shall be collected and used in the same manner as provided in section 5751.04 of the Revised Code.
The election shall be made on a form prescribed by the tax commissioner for that purpose and shall be signed by one or more individuals with authority, separately or together, to make a binding election on behalf of all persons in the group. The tax commissioner shall approve a group's election if the group satisfies the requirements of division (A) of this section.
Any person acquired or formed after the filing of the registration shall be included in the group if the person meets the requirements of division (A)(1) of this section, and the group shall notify the tax commissioner of any additions to the group with the next tax return it files with the commissioner.
(E) Each member of a consolidated elected taxpayer is jointly and severally liable for the tax imposed by this chapter and any penalties or interest thereon. The tax commissioner may require one person in the group to be the taxpayer for purposes of registration and remittance of the tax, but all members of the group are subject to assessment under section 5751.09 of the Revised Code.
Sec. 5751.032. (A) As used in this section:
(1) "CAT" refers to the tax levied by this chapter.
(2) "CAT collected" means, with regard to a CAT test period, the net amount of CAT, exclusive of registration fees, received in the period after subtracting any CAT refunded in the period.
(3) "First CAT test period" means the twenty-four month period beginning July 1, 2005, and ending June 30, 2007.
(4) "Second CAT test period" means the twelve-month period beginning July 1, 2008, and ending June 30, 2009.
(5) "Third CAT test period" means the twelve-month period beginning July 1, 2010, and ending June 30, 2011.
(B) Not later than the last day of September immediately following the end of each CAT test period, the tax commissioner shall compute the amount of CAT collected during that test period. If the amount is less than ninety per cent or greater than one hundred ten per cent of the prescribed CAT collections for that period, the commissioner shall proceed as provided in division (C) or (D) of this section, as applicable. For the purposes of division (B) of this section, the prescribed CAT collections for the CAT test periods are as follows:
(1) For the first CAT test period, eight hundred fifteen million dollars;
(2) For the second CAT test period, one billion one hundred ninety million dollars less any amount credited to the commercial activity tax reduction fund with regard to the first CAT test period;
(3) For the third CAT test period, one billion six hundred ten million dollars less any amount credited to the commercial activity tax reduction fund with regard to the second CAT test period.
(C)(1) If the amount of CAT collected during a CAT test period is less than ninety per cent of the prescribed CAT collections for that test period, the tax commissioner shall determine a new tax rate equal to the tax rate that would have yielded the prescribed CAT collections during that test period. The tax rate shall be the rate that would have to be imposed under division (A) of section 5751.03 of the Revised Code before any applicable phase-in percentages under section 5751.031 of the Revised Code or otherwise provided by law to yield the prescribed CAT collection after applying any applicable phase-in percentages.
(2) If the amount of CAT collected during a CAT test period exceeds one hundred ten per cent of the prescribed CAT collections for that test period, the tax commissioner shall determine a new tax rate equal to the tax rate that would have yielded the prescribed CAT collections during that test period less one-half of the amount of the excess that was certified to the director of budget and management for the test period under division (D) of this section. The tax rate shall be the rate that would have to be imposed under division (A) of section 5751.03 of the Revised Code before any applicable phase-in percentages under section 5751.031 of the Revised Code or otherwise provided by law to yield the prescribed CAT collection after applying any applicable phase-in percentages.
(3) A new tax rate computed under division (C)(1) or (2) of this section shall be expressed as a number of mills per dollar, rounded to the nearest one-hundredth of one mill. The rate shall be rounded upward by one-hundredth of one mill only if the next decimal digit is five or more.
(4) Not later than the last day of September following the end of the CAT test period on the basis of which a new tax rate is computed, the tax commissioner shall certify the new tax rate to the governor, the president of the senate, the speaker of the house of representatives, and all other members of the general assembly. The commissioner shall publish the new tax rate by journal entry and provide notice of the new tax rate to taxpayers. The new tax rate shall be the rate imposed under division (A) of section 5751.03 of the Revised Code beginning with the ensuing calendar year, and is subject to any applicable phase-in percentages provided for under section 5751.031 of the Revised Code.
(D) If the amount of CAT collected during a CAT test period exceeds one hundred ten per cent of the prescribed CAT collections for that test period, the tax commissioner shall certify the excess amount to the director of budget and management not later than the last day of September immediately following the end of that test period. The director shall forthwith transfer from the general revenue fund one-half of the amount of the excess so certified to the commercial activity tax refund fund, which is hereby created in the state treasury, and the remaining one-half of the amount of the excess to the budget stabilization fund. All money credited to the commercial activity tax refund fund shall be applied to reimburse the general revenue fund, school district tangible property tax replacement fund, and local government tangible property tax replacement fund for the diminution in revenue caused by the credit provided under division (D) of section 5751.03 of the Revised Code. On or before the last day of May, August, and October of the calendar year that begins after the end of the test period, and on or before the last day of February of the following calendar year, the director of budget and management shall transfer one-fourth of the amount that had been transferred to the commercial activity tax refund fund to each of those funds in the proportions specified under division (B) of section 5751.21 of the Revised Code.
In the calendar year that begins immediately after the year in which a transfer is made to the commercial activity tax refund fund, the tax commissioner shall compute the amount to be credited, under division (D) of section 5751.03 of the Revised Code, to each taxpayer that paid in full the tax imposed under this chapter for the calendar year in which the transfer was made. The credit allowed to each such taxpayer shall equal the amount transferred to the commercial activity tax refund fund multiplied by a fraction, the numerator of which is the amount of tax paid by that taxpayer for that calendar year and the denominator of which is the total of the taxes paid by all such taxpayers for which the credit is allowed. The credit applies only to the calendar year that begins immediately after the year in which a transfer is made to the commercial activity tax refund fund under this division."
(E) It is the intent of the General Assembly to conduct a review of the prescribed CAT collections and rate adjustments provided for under divisions (A) to (D) of this section every two years in conjunction with its biennial budget deliberations, and to establish lower prescribed CAT collections or reduce the rate of tax levied under this chapter on the basis of the following three factors:
(1) The revenue yield of the tax;
(2) The condition of the Ohio economy;
(3) Savings realized by ongoing reform to medicaid and other policy initiatives.
Sec. 5751.04. (A) Not later than the later of November 15, 2005, or thirty days after a person first has more than one hundred fifty thousand dollars in taxable gross receipts in a calendar year, each person subject to this chapter shall register with the tax commissioner on the form prescribed by the commissioner. The form shall include the following:
(2) If applicable, the name of the state or country under the laws of which the person is incorporated;
(3) If applicable, the location of a person's principal office, and, in the case of a foreign corporation, the location of its principal place of business in this state and the name and address of the officer or agent of the corporation in charge of the business in this state;
(4) If applicable, the names of the person's president, secretary, treasurer, and statutory agent designated pursuant to section 1703.041 of the Revised Code, with the post office address of each;
(5) The kind of business in which the person is engaged, including applicable business or industry codes;
(6) The If required by the tax commissioner, the date of the beginning of the person's annual accounting period that includes the first day of January of the taxable calendar year;
(7) If the person is not a corporation or a sole proprietor, the names of all the person's owners and officers, if required by the tax commissioner;
(8) The person's federal employer identification number or numbers or, if those are not applicable, the person's social security number or equivalent;
(9) All other information that the commissioner requires to administer and enforce this chapter.
(B) Except as otherwise provided in this division, each person registering with the tax commissioner as required by division (A) of this section shall pay a registration fee. The fee shall be in the amount of fifteen dollars if a person registers electronically and twenty dollars if a person does not register electronically. The registration fee shall be paid in the manner prescribed by the tax commissioner at the same time the registration is due if a person is subject to the tax imposed under this chapter before January 1, 2006. If a person first becomes subject to the tax after that date, the registration fee is payable with the first tax period return the person is required to file as prescribed by section 5751.051 of the Revised Code. If a registration fee is not paid when due, an additional fee is imposed in the amount of one hundred dollars per month or part thereof the fee is outstanding, not to exceed one thousand dollars. The tax commissioner may abate the additional fee. The fee imposed under this division may be assessed in the same manner as the tax imposed under this chapter. Proceeds from the fee shall be credited to the commercial activity tax administrative fund, which is hereby created in the state treasury for the commissioner to use in implementing and administering the tax imposed under this chapter.
No registration fee is payable by a person for a calendar year if the person first begins business operations in this state after the thirtieth day of November of that calendar year or if the person's taxable gross receipts for the calendar year exceed one hundred fifty thousand dollars but do not exceed one hundred fifty thousand dollars as of the first day of December of the calendar year.
Registration fees paid under this section, excluding any additional fee imposed for late payment of the registration fee, shall be credited against the first payment of tax payable under section 5751.03 of the Revised Code after the registration fee is paid.
(C) If a person that has registered under this section is no longer a taxpayer subject to this chapter, including no longer being a taxpayer because of the application of division (E)(1) of section 5751.01 of the Revised Code, the person shall notify the commissioner that the person's registration should be cancelled.
Sec. 5751.05. (A) If a person subject to this chapter anticipates that the person's taxable gross receipts will be less than one million dollars or less in calendar year 2006, the person may elect to be a calendar year taxpayer. If a person is not required to be registered under this section for calendar year 2006 and anticipates that the person's taxable gross receipts will be less than one million dollars or less in the first calendar year the person is required to register under this section, the person may elect to be a calendar year taxpayer.
(B) Any person that is a calendar year taxpayer pursuant to an election under division (A) of this section shall become a calendar quarter taxpayer in the subsequent calendar year if the person's taxable gross receipts for the prior calendar year are more than one million dollars or more, and shall remain a calendar quarter taxpayer until the person notifies the tax commissioner, and receives approval in writing from the tax commissioner, to switch back to being a calendar year taxpayer. Nothing in this division prohibits a person that has elected to be a calendar year taxpayer from notifying the tax commissioner, using the procedures prescribed by the commissioner, that it is switching back to being a calendar quarter taxpayer.
(C) Any taxpayer that is not a calendar year taxpayer pursuant to this section is a calendar quarter taxpayer. The tax commissioner may grant written approval for a calendar quarter taxpayer to use an alternative reporting schedule or estimate the amount of tax due for a calendar quarter if the taxpayer demonstrates to the commissioner the need for such a deviation. The commissioner may adopt a rule to apply division (C) of this section to a group of taxpayers without the taxpayers having to receive written approval from the commissioner.
Sec. 5751.051. (A)(1) Not later than forty days after the end of each calendar quarter, every taxpayer other than a calendar year taxpayer shall file with the tax commissioner a tax return in such form as the commissioner prescribes. The return shall include, but is not limited to, the amount of the taxpayer's taxable gross receipts for the calendar quarter and shall indicate the amount of tax due under section 5751.03 of the Revised Code for the calendar quarter.
(2)(a) Subject to division (C) of section 5751.05 of the Revised Code, a calendar quarter taxpayer shall report the taxable gross receipts for that calendar quarter.
(b) With respect to taxable gross receipts incorrectly reported in a calendar quarter that has a lower tax rate, the tax shall be computed at the tax rate in effect for the quarterly return in which such receipts should have been reported. Nothing in division (A)(2)(b) of this section prohibits a taxpayer from filing an application for refund under section 5751.08 of the Revised Code with regard to the incorrect reporting of taxable gross receipts discovered after filing the annual return described in division (A)(3) of this section.
A tax return shall not be deemed to be an incorrect reporting of taxable gross receipts for the purposes of division (A)(2)(b) of this section if the return reflects between ninety-five and one hundred five per cent of the actual taxable gross receipts for the calendar quarter.
(3) The tax return filed for the fourth calendar quarter of a calendar year is the annual return for the privilege tax imposed by this chapter. Such return shall report any additional taxable gross receipts not previously reported in the calendar year and shall adjust for any over-reported taxable gross receipts in the calendar year. If the taxpayer ceases to be a taxpayer before the end of the calendar year, the last return the taxpayer is required to file shall be the annual return for the taxpayer and the taxpayer shall report any additional taxable gross receipts not previously reported in the calendar year and shall adjust for any over-reported taxable gross receipts in the calendar year.
(4) Because the tax imposed by this chapter is a privilege tax, the tax rate with respect to taxable gross receipts for a calendar quarter is not fixed until the end of the measurement period for each calendar quarter. Subject to division (A)(2)(b) of this section, the total amount of taxable gross receipts reported for a given calendar quarter shall be subject to the tax rate in effect in that quarter.
(5) Not later than forty days after the end of each calendar year, every calendar year taxpayer shall file with the tax commissioner a tax return in such form as the commissioner prescribes. The return shall include, but is not limited to, the amount of the taxpayer's taxable gross receipts for the calendar year and shall indicate the amount of tax due under section 5751.03 of the Revised Code for the calendar year.
(B)(1) A person that first becomes subject to the tax imposed under this chapter during a calendar quarter on or after January 1, 2006, shall pay the minimum tax imposed under division (B) of section 5751.03 of the Revised Code along with the registration fee imposed under this section, if applicable, on or before the day the return is required to be filed for that quarter under division (A)(1) of this section, regardless of whether the person elects to be a calendar year taxpayer under section 5751.05 of the Revised Code.
(2) The amount of the minimum tax for a person subject to division (B)(1) of this section shall be reduced to seventy-five dollars if the registration is timely filed after the first day of May and before the first day of December January of the following calendar year.
Sec. 5751.10. If any person liable for the tax imposed under this chapter sells the trade or business, disposes in any manner other than in the regular course of business at least seventy-five per cent of assets of the trade or business, or quits the trade or business, any tax owed by such person shall become due and payable immediately, and the person shall pay the tax under this section, including any applicable penalties and interest, within fifteen forty-five days after the date of selling or quitting the trade or business. The person's successor shall withhold a sufficient amount of the purchase money to cover the amount due and unpaid until the former owner produces a receipt from the tax commissioner showing that the amounts are paid or a certificate indicating that no taxes are due. If a purchaser fails to withhold purchase money, that person is personally liable up to the purchase money amount, for such amounts that are unpaid during the operation of the business by the former owner.
The tax commissioner may adopt rules regarding the issuance of certificates under this section, including the waiver of the need for a certificate if certain criteria are met.
Sec. 5751.20. (A) As used in sections 5751.20 to 5751.22 of the Revised Code:
(1) "School district," "joint vocational school district," "local taxing unit," "state education aid," "recognized valuation," "fixed-rate levy," and "fixed-sum levy" have the same meanings as used in section 5727.84 of the Revised Code.
(2) "State education aid offset" means the amount determined for each school district or joint vocational school district under division (A)(1) of section 5751.21 of the Revised Code.
(3) "Machinery and equipment property tax value loss" means the amount determined under division (C)(1) of this section.
(4) "Inventory property tax value loss" means the amount determined under division (C)(2) of this section.
(5) "Furniture and fixtures property tax value loss" means the amount determined under division (C)(3) of this section.
(6)
"Machinery and equipment fixed-rate levy loss" means the amount determined under division (D)(1) of this section.
(7) "Inventory fixed-rate levy loss" means the amount determined under division (D)(2) of this section.
(8) "Furniture and fixtures fixed-rate levy loss" means the amount determined under division (D)(3) of this section.
(9) "Total fixed-rate levy loss" means the sum of the machinery and equipment fixed-rate levy loss, the inventory fixed-rate levy loss, the furniture and fixtures fixed-rate levy loss, and the telephone company fixed-rate levy loss.
(10)
"Fixed-sum levy loss" means the amount determined under division (E) of this section.
(11) "Machinery and equipment" means personal property subject to the assessment rate specified in division (F) of section 5711.22 of the Revised Code.
(12) "Inventory" means personal property subject to the assessment rate specified in division (E) of section 5711.22 of the Revised Code.
(13) "Furniture and fixtures" means personal property subject to the assessment rate specified in division (G) of section 5711.22 of the Revised Code.
(14) "Qualifying levies" are levies in effect for tax year 2004 or applicable to tax year 2005 or approved at an election conducted before September 1, 2005, and first levied in tax year 2006. For the purpose of determining the rate of a qualifying levy authorized by section 5705.212 or 5705.213 of the Revised Code, the rate shall be the rate that would be in effect for tax year 2010.
(15) "Telephone property" means tangible personal property of a telephone, telegraph, or interexchange telecommunications company subject to an assessment rate specified in section 5727.111 of the Revised Code in tax year 2004.
(16) "Telephone property tax value loss" means the amount determined under division (C)(4) of this section.
(17) "Telephone property fixed-rate levy loss" means the amount determined under division (D)(4) of this section.
(B) The commercial activities tax receipts fund is hereby created in the state treasury and shall consist of money arising from the tax imposed under this chapter. All money in that fund shall be credited for each fiscal year in the following percentages to the general revenue fund, to the school district tangible property tax replacement fund, which is hereby created in the state treasury for the purpose of making the payments described in section 5751.21 of the Revised Code, and to the local government tangible property tax replacement fund, which is hereby created in the state treasury for the purpose of making the payments described in section 5751.22 of the Revised Code, in the following percentages:
Fiscal year |
General Revenue Fund |
School District Tangible Property Tax Replacement Fund |
Local Government Tangible Property Tax Replacement Fund |
2006 |
67.7% |
22.6% |
9.7% |
2007 |
0% |
70.0% |
30.0% |
2008 |
0% |
70.0% |
30.0% |
2009 |
0% |
70.0% |
30.0% |
2010 |
0% |
70.0% |
30.0% |
2011 |
0% |
70.0% |
30.0% |
2012 |
5.3% |
70.0% |
24.7% |
2013 |
19.4% |
70.0% |
10.6% |
2014 |
14.1% |
70.0% |
15.9% |
2015 |
17.6% |
70.0% |
12.4% |
2016 |
21.1% |
70.0% |
8.9% |
2017 |
24.6% |
70.0% |
5.4% |
2018 |
28.1% |
70.0% |
1.9% |
2019 and thereafter |
100% |
0% |
0% |
(C) Not later than September 15, 2005, the tax commissioner shall determine for each school district, joint vocational school district, and local taxing unit its machinery and equipment, inventory property, furniture and fixtures property, and telephone property tax value losses, which are the applicable amounts described in divisions (C)(1), (2), (3), and (4) of this section, except as provided in division (C)(5) of this section:
(1) Machinery and equipment property tax value loss is the taxable value of machinery and equipment property as reported by taxpayers for tax year 2004 multiplied by:
(a) For tax year 2006, thirty-three and eight-tenths per cent;
(b) For tax year 2007, sixty-one and three-tenths per cent;
(c) For tax year 2008, eighty-three per cent;
(d) For tax year 2009 and thereafter, one hundred per cent.
(2) Inventory property tax value loss is the taxable value of inventory property as reported by taxpayers for tax year 2004 multiplied by:
(a) For tax year 2006, a fraction, the numerator of which is five and three-fourths and the denominator of which is twenty-three;
(b) For tax year 2007, a fraction, the numerator of which is nine and one-half and the denominator of which is twenty-three;
(c) For tax year 2008, a fraction, the numerator of which is thirteen and one-fourth and the denominator of which is twenty-three;
(d) For tax year 2009 and thereafter a fraction, the numerator of which is seventeen and the denominator of which is twenty-three.
(3) Furniture and fixtures property tax value loss is the taxable value of furniture and fixture property as reported by taxpayers for tax year 2004 multiplied by:
(a) For tax year 2006, twenty-five per cent;
(b) For tax year 2007, fifty per cent;
(c) For tax year 2008, seventy-five per cent;
(d) For tax year 2009 and thereafter, one hundred per cent.
The taxable value of property reported by taxpayers used in divisions (C)(1), (2), and (3) of this section shall be such values as determined to be final by the tax commissioner as of August 31, 2005. Such determinations shall be final except for any correction of a clerical error that was made prior to August 31, 2005, by the tax commissioner.
(4) Telephone property tax value loss is the taxable value of telephone property as taxpayers would have reported that property for tax year 2004 if the assessment rate for all telephone property for that year were twenty-five per cent, multiplied by:
(a) For tax year 2006, zero per cent;
(b) For tax year 2007, zero per cent;
(c) For tax year 2008, zero per cent;
(d) For tax year 2009, sixty per cent;
(e) For tax year 2010, eighty per cent;
(f) For tax year 2011 and thereafter, one hundred per cent.
(5) Division (C)(5) of this section applies to any school district, joint vocational school district, or local taxing unit in a county in which is located a facility currently or formerly devoted to the enrichment or commercialization of uranium or uranium products, and for which the total taxable value of property listed on the general tax list of personal property for any tax year from tax year 2001 to tax year 2004 was fifty per cent or less of the taxable value of such property listed on the general tax list of personal property for the next preceding tax year.
In computing the property tax value losses under divisions (C)(1), (2), and (3) of this section for any school district, joint vocational school district, or local taxing unit to which division (C)(5) of this section applies, the taxable value of such property as listed on the general tax list of personal property for tax year 2000 shall be substituted for the taxable value of such property as reported by taxpayers for tax year 2004, in the taxing district containing the uranium facility, if the taxable value listed for tax year 2000 is greater than the taxable value reported by taxpayers for tax year 2004. For the purpose of making the computations under divisions (C)(1), (2), and (3) of this section, the tax year 2000 valuation is to be allocated to machinery and equipment, inventory, and furniture and fixtures property in the same proportions as the tax year 2004 values.
To facilitate the calculations required under division (C) of this section, the county auditor, upon request from the tax commissioner, shall provide by August 1, 2005, the values of machinery and equipment, inventory, and furniture and fixtures for all single-county personal property taxpayers for tax year 2004.
(D) Not later than September 15, 2005, the tax commissioner shall determine for each tax year from 2006 through 2009 for each school district, joint vocational school district, and local taxing unit its machinery and equipment, inventory, and furniture and fixtures fixed-rate levy losses, and for each tax year from 2006 through 2011 its telephone property fixed-rate levy loss, which are the applicable amounts described in divisions (D)(1), (2), (3), and (4) of this section:
(1) The machinery and equipment fixed-rate levy loss is the machinery and equipment property tax value loss multiplied by the sum of the tax rates of fixed-rate qualifying levies.
(2) The inventory fixed-rate loss is the inventory property tax value loss multiplied by the sum of the tax rates of fixed-rate qualifying levies.
(3) The furniture and fixtures fixed-rate levy loss is the furniture and fixture property tax value loss multiplied by the sum of the tax rates of fixed-rate qualifying levies.
(4) The telephone property fixed-rate levy loss is the telephone property tax value loss multiplied by the sum of the tax rates of fixed-rate qualifying levies.
(E)
Not later than September 15, 2005, the tax commissioner shall determine for each school district, joint vocational school district, and local taxing unit its fixed-sum levy loss. The fixed-sum levy loss is the amount obtained by subtracting the amount described in division (E)(2) of this section from the amount described in division (E)(1) of this section:
(1) The sum of the machinery and equipment property tax value loss, the inventory property tax value loss, and the furniture and fixtures property tax value loss, and, for 2008 through 2017 the telephone property tax value loss of the district or unit multiplied by the sum of the fixed-sum tax rates of qualifying levies. For 2006 through 2010, this computation shall include all qualifying levies remaining in effect for the current tax year and any school district emergency levies that are qualifying levies not remaining in effect for the current year. For 2011 through 2017, this computation shall include only qualifying levies remaining in effect for the current year. For purposes of this computation, a qualifying school district emergency levy remains in effect in a year after 2010 only if, for 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 2004 less the amount of the payment certified under this division for 2006.
(2) The total taxable value in tax year 2004 less the sum of the machinery and equipment, inventory, furniture and fixtures, and telephone property tax value losses in each school district, joint vocational school district, and local taxing unit multiplied by one-half of one mill per dollar.
(3) For the calculations in divisions (E)(1) and (2) of this section, the tax value losses are those that would be calculated for tax year 2009 under divisions (C)(1), (2), and (3) of this section and for tax year 2011 under division (C)(4) of this section.
(4) To facilitate the calculation under divisions (D) and (E) of this section, not later than September 1, 2005, any school district, joint vocational school district, or local taxing unit that has a qualifying levy that was approved at an election conducted during 2005 before September 1, 2005, shall certify to the tax commissioner a copy of the county auditor's certificate of estimated property tax millage for such levy as required under division (B) of section 5705.03 of the Revised Code, which is the rate that shall be used in the calculations under such divisions.
If the amount determined under division (E) of this section for any school district, joint vocational school district, or local taxing unit is greater than zero, that amount shall equal the reimbursement to be paid pursuant to division (D) of section 5751.21 or division (A)(3) of section 5751.22 of the Revised Code, and the one-half of one mill that is subtracted under division (E)(2) of this section shall be apportioned among all contributing fixed-sum levies in the proportion that each levy bears to the sum of all fixed-sum levies within each school district, joint vocational school district, or local taxing unit.
(F) Not later than October 1, 2005, the tax commissioner shall certify to the department of education for every school district and joint vocational school district the machinery and equipment, inventory, furniture and fixtures, and telephone property tax value losses determined under division (C) of this section, the machinery and equipment, inventory, furniture and fixtures, and telephone fixed-rate levy losses determined under division (D) of this section, and the fixed-sum levy losses calculated under division (E) of this section. The calculations under divisions (D) and (E) of this section shall separately display the levy loss for each levy eligible for reimbursement.
(G) Not later than October 1, 2005, the tax commissioner shall certify the amount of the fixed-sum levy losses to the county auditor of each county in which a school district, joint vocational school district, or local taxing unit with a fixed-sum levy loss reimbursement has territory.
Sec. 5751.21. (A) Not later than the thirty-first day of July of 2007 through 2017, the department of education shall determine the following for each school district and each joint vocational school district eligible for payment under division (B) of this section:
(1) The state education aid offset, which is the difference obtained by subtracting the amount described in division (A)(1)(b) of this section from the amount described in division (A)(1)(a) of this section:
(a) The state education aid computed for the school district or joint vocational school district for the current fiscal year as of the thirty-first day of July;
(b) The state education aid that would be computed for the school district or joint vocational school district for the current fiscal year as of the thirty-first day of July if the recognized valuation included the machinery and equipment, inventory, furniture and fixtures, and telephone property tax value losses for the school district or joint vocational school district for the second preceding tax year.
(2) The greater of zero or the difference obtained by subtracting the state education aid offset determined under division (A)(1) of this section from the sum of the machinery and equipment fixed-rate levy loss, the inventory fixed-rate levy loss, furniture and fixtures fixed-rate levy loss, and telephone property fixed-rate levy loss certified under division (F) of section 5751.20 of the Revised Code for all taxing districts in each school district and joint vocational school district for the second preceding tax year.
By the fifth day of August of each such year, the department of education shall certify the amount so determined under division (A)(1) of this section to the director of budget and management.
(B) The department of education shall pay from the school district tangible property tax replacement fund to each school district and joint vocational school district all of the following for fixed-rate levy losses certified under division (F) of section 5751.20 of the Revised Code:
(1) On or before May 31, 2006, one-seventh of the total fixed-rate levy loss for tax year 2006;
(2) On or before August 31, 2006, and October 31, 2006, one-half of six-sevenths of the total fixed-rate levy loss fox for tax year 2006;
(3) On or before May 31, 2007, one-seventh of the total fixed-rate levy loss for tax year 2007;
(4) On or before August 31, 2007, and October 31, 2007, forty-three per cent of the amount determined under division (A)(2) of this section for fiscal year 2008, but not less than zero, plus one-half of six-sevenths of the difference between the total fixed-rate levy loss for tax year 2007 and the total fixed-rate levy loss for tax year 2006.
(5) On or before May 31, 2008, fourteen per cent of the amount determined under division (A)(2) of this section for fiscal year 2008, but not less than zero, plus one-seventh of the difference between the total fixed-rate levy loss for tax year 2008 and the total fixed-rate levy loss for tax year 2006.
(6) On or before August 31, 2008, and October 31, 2008, forty-three per cent of the amount determined under division (A)(2) of this section for fiscal year 2009, but not less than zero, plus one-half of six-sevenths of the difference between the total fixed-rate levy loss in tax year 2008 and the total fixed-rate levy loss in tax year 2007.
(7) On or before May 31, 2009, fourteen per cent of the amount determined under division (A)(2) of this section for fiscal year 2009, but not less than zero, plus one-seventh of the difference between the total fixed-rate levy loss for tax year 2009 and the total fixed-rate levy loss for tax year 2007.
(8) On or before August 31, 2009, and October 31, 2009, forth-three forty-three per cent of the amount determined under division (A)(2) of this section for fiscal year 2010, but not less than zero, plus one-half of six-sevenths of the difference between the total fixed-rate levy loss in tax year 2009 and the total fixed-rate levy loss in tax year 2008.
(9) On or before May 31, 2010, fourteen per cent of the amount determined under division (A)(2) of this section for fiscal year 2010, but not less than zero, plus one-seventh of the difference between the total fixed-rate levy loss in tax year 2010 and the total fixed-rate levy loss in tax year 2008.
(10) On or before August 31, 2010, and October 31, 2010, one-third of the amount determined under division (A)(2) of this section for fiscal year 2011, but not less than zero, plus one-half of six-sevenths of the difference between the telephone property fixed-rate levy loss for tax year 2010 and the telephone property fixed-rate levy loss for tax year 2009.
(11) On or before May 31, 2011, fourteen per cent of the amount determined under division (A)(2) of this section for fiscal year 2011, but not less than zero, plus one-seventh of the difference between the telephone property fixed-rate levy loss for tax year 2011 and the telephone property fixed-rate levy loss for tax year 2009.
(12) On or before August 31, 2011, October 31, 2011, and May 31, 2012, the amount determined under division (A)(2) of this section multiplied by a fraction, the numerator of which is fourteen and the denominator of which is seventeen, but not less than zero, multiplied by one-third, plus one-half of six-sevenths of the difference between the telephone property fixed-rate levy loss for tax year 2011 and the telephone property fixed-rate levy loss for tax year 2010.
(13) On or before May 31, 2012, fourteen per cent of the amount determined under division (A)(2) of this section for fiscal year 2012, multiplied by a fraction, the numerator of which is fourteen and the denominator of which is seventeen, plus one-seventh of the difference between the telephone property fixed-rate levy loss for tax year 2011 and the telephone property fixed-rate levy loss for tax year 2010.
(14) On or before August 31, 2012, October 31, 2012, and May 31, 2013, the amount determined under division (A)(2) of this section multiplied by a fraction, the numerator of which is eleven and the denominator of which is seventeen, but not less than zero, multiplied by one-third.
(15) On or before August 31, 2013, October 31, 2013, and May 31, 2014, the amount determined under division (A)(2) of this section multiplied by a fraction, the numerator of which is nine and the denominator of which is seventeen, but not less than zero, multiplied by one-third.
(16) On or before August 31, 2014, October 31, 2014, and May 31, 2015, the amount determined under division (A)(2) of this section multiplied by a fraction, the numerator of which is seven and the denominator of which is seventeen, but not less than zero, multiplied by one-third.
(17) On or before August 31, 2015, October 31, 2015, and May 31, 2016, the amount determined under division (A)(2) of this section multiplied by a fraction, the numerator of which is five and the denominator of which is seventeen, but not less than zero, multiplied by one-third.
(18) On or before August 31, 2016, October 31, 2016, and May 31, 2017, the amount determined under division (A)(2) of this section multiplied by a fraction, the numerator of which is three and the denominator of which is seventeen, but not less than zero, multiplied by one-third.
(19) On or before August 31, 2017, October 31, 2017, and May 31, 2018, the amount determined under division (A)(2) of this section multiplied by a fraction, the numerator of which is one and the denominator of which is seventeen, but not less than zero, multiplied by one-third.
(20) After May 31, 2018, no payments shall be made under this section.
The department of education shall report to each school district and joint vocational school district the apportionment of the payments among the school district's or joint vocational school district's funds based on the certifications under division (F) of section 5751.20 of the Revised Code.
Any qualifying levy that is a fixed-rate levy that is not applicable to a tax year after 2010 does not qualify for any reimbursement after the tax year to which it is last applicable.
(C) For taxes levied within the ten-mill limitation for debt purposes in tax year 2005, payments shall be made equal to one hundred per cent of the loss computed as if the tax were a fixed-rate levy, but those payments shall extend from fiscal year 2006 through fiscal year 2018, as long as the qualifying levy continues to be used for debt purposes. If the purpose of such a qualifying levy is changed, that levy becomes subject to the payments determined in division (B) of this section.
(D)(1) Not later than January 1, 2006, for each fixed-sum levy of each school district or joint vocational school district and for each year for which a determination is made under division (F) of section 5751.20 of the Revised Code that a fixed-sum levy loss is to be reimbursed, the tax commissioner shall certify to the department of education the fixed-sum levy loss determined under that division. The certification shall cover a time period sufficient to include all fixed-sum levies for which the commissioner made such a determination. The department shall pay from the school district property tax replacement fund to the school district or joint vocational school district one-third of the fixed-sum levy loss so certified for each year on or before the last day of May, August, and November October of the current year.
(2) Beginning in 2006, by the first day of January of each year, the tax commissioner shall review the certification originally made under division (D)(1) of this section. If the commissioner determines that a debt levy that had been scheduled to be reimbursed in the current year has expired, a revised certification for that and all subsequent years shall be made to the department of education.
(E) Beginning in September 2007 and through June 2018, the director of budget and management shall transfer from the school district tangible property tax replacement fund to the general revenue fund each of the following:
(1) On the first day of September, the lesser of one-fourth of the amount certified for that fiscal year under division (A)(1) of this section or the balance in the school district tangible property tax replacement fund;
(2) On the first day of December, the lesser of one-fourth of the amount certified for that fiscal year under division (A)(1) of this section or the balance in the school district tangible property tax replacement fund;
(3) On the first day of March, the lesser of one-fourth of the amount certified for that fiscal year under division (A)(1) of this section or the balance in the school district tangible property tax replacement fund;
(4) On the first day of June, the lesser of one-fourth of the amount certified for that fiscal year under division (A)(1) of this section or the balance in the school district tangible property tax replacement fund.
(F) For each of the fiscal years 2006 through 2018, if the total amount in the school district tangible property tax replacement fund is insufficient to make all payments under divisions (B), (C), or and (D) of this section at the times the payments are to be made, the director of budget and management shall transfer from the general revenue fund to the school district tangible property tax replacement fund the difference between the total amount to be paid and the amount in the school district tangible property tax replacement fund. For each fiscal year after 2018, at the time payments under division (D) of this section are to be made, the director of budget and management shall transfer from the general revenue fund to the school district property tax replacement fund the amount necessary to make such payments.
(G) On the fifteenth day of June of 2006 through 2011, the director of budget and management may transfer any balance in the school district tangible property tax replacement fund to the general revenue fund. At the end of fiscal years 2012 through 2018, any balance in the school district tangible property tax replacement fund shall remain in the fund to be used in future fiscal years for school purposes.
(H) If all of the territory of a school district or joint vocational school district is merged with another district, or if a part of the territory of a school district or joint vocational school district is transferred to an existing or newly created district, the department of education, in consultation with the tax commissioner, shall adjust the payments made under this section as follows:
(1) For a merger of two or more districts, the machinery and equipment, inventory, furniture and fixtures, and telephone property fixed-rate levy losses and the fixed-sum levy losses of the successor district shall be equal to the sum of the machinery and equipment, inventory, furniture and fixtures, and telephone property fixed-rate levy losses and debt levy losses as determined in section 5751.20 of the Revised Code, for each of the districts involved in the merger.
(2) If property is transferred from one district to a previously existing district, the amount of machinery and equipment, inventory, furniture and fixtures, and telephone property fixed-rate levy losses that shall be transferred to the recipient district shall be an amount equal to the total machinery and equipment, inventory, furniture and fixtures, and telephone property fixed-rate levy losses times a fraction, the numerator of which is the value of business tangible personal property on the land being transferred in the most recent year for which data are available, and the denominator of which is the total value of business tangible personal property in the district from which the land is being transferred in the most recent year for which data are available.
(3) After December 31, 2004, if property is transferred from one or more districts to a district that is newly created out of the transferred property, the newly created district shall be deemed not to have any machinery and equipment, inventory, furniture and fixtures, or telephone property fixed-rate levy losses and the districts from which the property was transferred shall have no reduction in their machinery and equipment, inventory, furniture and fixtures, and telephone property fixed-rate levy losses.
(4) If the recipient district under division (H)(2) of this section or the newly created district under divisions (H)(3) of this section is assuming debt from one or more of the districts from which the property was transferred and any of the districts losing the property had fixed-sum levy losses, the department of education, in consultation with the tax commissioner, shall make an equitable division of the fixed-sum levy loss reimbursements.
Sec. 5751.22. (A) Not later than January 1, 2006, the tax commissioner shall compute the payments to be made to each local taxing unit for each year according to divisions (A)(1), (2), (3), and (4) of this section, and shall distribute the payments in the manner prescribed by division (C) of this section. The calculation of the fixed-sum levy loss shall cover a time period sufficient to include all fixed-sum levies for which the commissioner determined, pursuant to division (E) of section 5751.20 of the Revised Code, that a fixed-sum levy loss is to be reimbursed.
(1) Except as provided in division (A)(4) of this section, for machinery and equipment, inventory, and furniture and fixtures fixed-rate levy losses determined under division (D) of section 5751.20 of the Revised Code, payments shall be made in an amount equal to each of those losses multiplied by the following:
(a) For tax years 2006 through 2010, one hundred per cent;
(b) For tax year 2011, a fraction, the numerator of which is fourteen and the denominator of which is seventeen;
(c) For tax year 2012, a fraction, the numerator of which is eleven and the denominator of which is seventeen;
(d) For tax year 2013, a fraction, the numerator of which is nine and the denominator of which is seventeen;
(e) For tax year 2014, a fraction, the numerator of which is seven and the denominator of which is seventeen;
(f) For tax year 2015, a fraction, the numerator of which is five and the denominator of which is seventeen;
(g) For tax year 2016, a fraction, the numerator of which is three and the denominator of which is seventeen;
(h) For tax year 2017, a fraction, the numerator of which is one and the denominator of which is seventeen;
(i) For tax years 2018 and thereafter, no fixed-rate payments shall be made.
Any qualifying levy that is a fixed-rate levy that is not applicable to a tax year after 2010 shall not qualify for any reimbursement after the tax year to which it is last applicable.
(2) Except as provided in division (A)(4) of this section, for telephone property fixed-rate levy losses determined under division (D)(4) of section 5751.20 of the Revised Code, payments shall be made in an amount equal to each of those losses multiplied by the following:
(a) For tax years 2009 through 2011, one hundred per cent;
(b) For tax year 2012, seven-eighths;
(c) For tax year 2013, six-eighths;
(d) For tax year 2014, five-eighths;
(e) For tax year 2015, four-eighths;
(f) For tax year 2016, three-eighths;
(g) For tax year 2017, two-eighths;
(h) For tax year 2018, one-eighth;
(i) For tax years 2019 and thereafter, no fixed-rate payments shall be made.
Any qualifying levy that is a fixed-rate levy that is not applicable to a tax year after 2011 shall not qualify for any reimbursement after the tax year to which it is last applicable.
(3) For fixed-sum levy losses determined under division (E) of section 5751.20 of the Revised Code, payments shall be made in the amount of one hundred per cent of the fixed-sum levy loss for payments required to be made in 2006 and thereafter.
(4) For taxes levied within the ten-mill limitation for debt purposes in tax year 2005, payments shall be made based on the schedule in division (A)(1) of this section for each of the calendar years 2006 through 2010. For each of the calendar years 2011 through 2017, the percentages for calendar year 2010 shall be used, as long as the qualifying levy continues to be used for debt purposes. If the purpose of such a qualifying levy is changed, that levy becomes subject to the payment schedules in divisions (A)(1)(a) to (h) of this section. No payments shall be made for such levies after calendar year 2017.
(B) Beginning in 2007, by the thirty-first day of January of each year, the tax commissioner shall review the calculation originally made under division (A) of this section of the fixed-sum levy losses determined under division (E) of section 5751.20 of the Revised Code. If the commissioner determines that a fixed-sum levy that had been scheduled to be reimbursed in the current year has expired, a revised calculation for that and all subsequent years shall be made.
(C) Payments to local taxing units required to be made under division (A) of this section shall be paid from the local government tangible property tax replacement fund to the county undivided income tax fund in the proper county treasury. Beginning in May 2006, one-third one-seventh of the amount certified under that division shall be paid by the last day of May, each year, and three-sevenths shall be paid by the last day of August, and October each year. Within forty-five days after receipt of such payments, the county treasurer shall distribute amounts determined under division (A) of this section to the proper local taxing unit as if they had been levied and collected as taxes, and the local taxing unit shall apportion the amounts so received among its funds in the same proportions as if those amounts had been levied and collected as taxes.
(D) For each of the fiscal years 2006 through 2019, if the total amount in the local government tangible property tax replacement fund is insufficient to make all payments under division (C) of this section at the times the payments are to be made, the director of budget and management shall transfer from the general revenue fund to the local government tangible property tax replacement fund the difference between the total amount to be paid and the amount in the local government tangible property tax replacement fund. For each fiscal year after 2019, at the time payments under division (A)(2) of this section are to be made, the director of budget and management shall transfer from the general revenue fund to the local government property tax replacement fund the amount necessary to make such payments.
(E) On the fifteenth day of June of each year from 2006 through 2018, the director of budget and management may transfer any balance in the local government tangible property tax replacement fund to the general revenue fund.
(F) If all or a part of the territories of two or more local taxing units are merged, or unincorporated territory of a township is annexed by a municipal corporation, the tax commissioner shall adjust the payments made under this section to each of the local taxing units in proportion to the tax value loss apportioned to the merged or annexed territory, or as otherwise provided by a written agreement between the legislative authorities of the local taxing units certified to the commissioner not later than the first day of June of the calendar year in which the payment is to be made.
Sec. 5751.53. (A) As used in this section:
(1) "Net income" and "taxable year" have the same meanings as in section 5733.04 of the Revised Code.
(2) "Franchise tax year" means "tax year" as defined in section 5733.04 of the Revised Code.
(3) "Deductible temporary differences" and "taxable temporary differences" have the same meanings as those terms have for purposes of paragraph 13 of the statement of financial accounting standards, number 109.
(4) "Qualifying taxpayer" means a taxpayer under this chapter that has a qualifying Ohio net operating loss carryforward equal to or greater than the qualifying amount.
(5) "Qualifying Ohio net operating loss carryforward" means an Ohio net operating loss carryforward that the taxpayer could deduct in whole or in part for franchise tax year 2006 under section 5733.04 of the Revised Code but for the application of division (H) of this section. A qualifying Ohio net operating loss carryforward shall not exceed the amount of loss carryforward from franchise tax year 2005 as reported by the taxpayer either on a franchise tax report for franchise tax year 2005 pursuant to section 5733.02 of the Revised Code or on an amended franchise tax report prepared in good faith for such year and filed before July 1, 2006.
(6) "Disallowed Ohio net operating loss carryforward" means the lesser of the amounts described in division (A)(6)(a) or (b) of this section, but the amounts described in divisions (A)(6)(a) and (b) of this section shall each be reduced by the qualifying amount.
(a) The qualifying taxpayer's qualifying Ohio net operating loss carryforward;
(b) The Ohio net operating loss carryforward amount that the qualifying taxpayer used to compute the related deferred tax asset reflected on its books and records on the last day of its taxable year ending in 2004, adjusted for return to accrual, but this amount shall be reduced by the qualifying related valuation allowance amount. For the purposes of this section, the "qualifying related valuation allowance amount" is the amount of Ohio net operating loss reflected in the qualifying taxpayer's computation of the valuation allowance account, as shown on its books and records on the last day of its taxable year ending in 2004, with respect to the deferred tax asset relating to its Ohio net operating loss carryforward amount.
(7) "Other net deferred tax items apportioned to this state" is the product of (a) the amount of other net deferred tax items and (b) the fraction described in division (B)(2) of section 5733.05 for the qualifying taxpayer's franchise tax year 2005.
(8)(a) Subject to divisions (A)(8)(b) to (d) of this section, the "amount of other net deferred tax items" is the difference between (i) the qualifying taxpayer's deductible temporary differences, net of related valuation allowance amounts, shown on the qualifying taxpayer's books and records on the last day of its taxable year ending in 2004, and (ii) the qualifying taxpayer's taxable temporary differences as shown on those books and records on that date. The amount of other net deferred tax items may be less than zero.
(b) For the purposes of computing the amount of the qualifying taxpayer's other net deferred tax items described in division (A)(8)(a) of this section, any credit carryforward allowed under Chapter 5733. of the Revised Code shall be excluded from the amount of deductible temporary differences to the extent such credit carryforward amount, net of any related valuation allowance amount, is otherwise included in the qualifying taxpayer's deductible temporary differences, net of related valuation allowance amounts, shown on the qualifying taxpayer's books and records on the last day of the qualifying taxpayer's taxable year ending in 2004.
(c) No portion of the disallowed Ohio net operating loss carryforward shall be included in the computation of the amount of the qualifying taxpayer's other net deferred tax items described in division (A)(8)(a) of this section.
(d) In no event shall the amount of other net deferred tax items apportioned to this state exceed twenty-five per cent of the qualifying Ohio net operating loss carryforward.
(9) "Amortizable amount" means:
(a) If the qualifying taxpayer's other net deferred tax items apportioned to this state is equal to or greater than zero, eight per cent of the sum of the qualifying taxpayer's disallowed Ohio net operating loss carryforward and the qualifying taxpayer's other net deferred tax items apportioned to this state;
(b) If the amount of the qualifying taxpayer's other net deferred tax items apportioned to this state is less than zero and if the absolute value of the amount of qualifying taxpayer's other net deferred tax items apportioned to this state is less than the qualifying taxpayer's disallowed net operating loss, eight per cent of the difference between the qualifying taxpayer's disallowed net operating loss carryforward and the absolute value of the qualifying taxpayer's other net deferred tax items apportioned to this state;
(c) If the amount of the qualifying taxpayer's other net deferred tax items apportioned to this state is less than zero and if the absolute value of the amount of qualifying taxpayer's other net deferred tax items apportioned to this state is equal to or greater than the qualifying taxpayer's disallowed net operating loss, zero.
(10) "Books and records" means the qualifying taxpayer's books, records, and all other information, all of which the qualifying taxpayer maintains and uses to prepare and issue its financial statements in accordance with generally accepted accounting principles.
(11)(a) Except as modified by division (A)(11)(b) of this section, "qualifying amount" means fifty million dollars per person.
(b) If for franchise tax year 2005 the person was a member of a combined franchise tax report, as provided by section 5733.052 of the Revised Code, the "qualifying amount" is, in the aggregate, fifty million dollars for all members of that combined franchise tax report, and for purposes of divisions (A)(6)(a) and (b) of this section, those members shall allocate to each member any portion of the fifty million dollar amount. The total amount allocated to the members who are qualifying taxpayers shall equal fifty million dollars.
(B) For each calendar period beginning prior to January 1, 2030, there is hereby allowed a nonrefundable tax credit against the tax levied each year by this chapter on each qualifying taxpayer, on each consolidated elected taxpayer having one or more qualifying taxpayers as a member, and on each combined taxpayer having one or more qualifying taxpayers as a member. The credit shall be claimed in the order specified in section 5751.98 of the Revised Code and is allowed only to reduce the first one-half of any tax remaining after allowance of the credits that precede it in section 5751.98 of the Revised Code. No credit under division (B) of this section shall be allowed against the second one-half of such remaining tax.
Except as otherwise limited by divisions (C) and (D) of this section, the maximum amount of the nonrefundable credit that may be used against the first one-half of the remaining tax for each calendar year is as follows:
(1) For calendar year 2010, ten per cent of the amortizable amount;
(2) For calendar year 2011, twenty per cent of the amortizable amount, less all amounts previously used;
(3) For calendar year 2012, thirty per cent of the amortizable amount, less all amounts previously used;
(4) For calendar year 2013, forty per cent of the amortizable amount, less all amounts previously used;
(5) For calendar year 2014, fifty per cent of the amortizable amount, less all amounts previously used;
(6) For calendar year 2015, sixty per cent of the amortizable amount, less all amounts previously used;
(7) For calendar year 2016, seventy per cent of the amortizable amount, less all amounts previously used;
(8) For calendar year 2017, eighty per cent of the amortizable amount, less all amounts previously used;
(9) For calendar year 2018, ninety per cent of the amortizable amount, less all amounts previously used;
(10) For each of calendar years 2019 through 2029, one hundred per cent of the amortizable amount, less all amounts used in all previous years.
In no event shall the cumulative credit used for calendar years 2010 through 2029 exceed one hundred per cent of the amortizable amount.
(C)(1) Except as otherwise set forth in division (C)(2) of this section, a refundable credit is allowed in calendar year 2030 for any portion of the qualifying taxpayer's amortizable amount that is not used in accordance with division (B) of this section against the tax levied by this chapter on all taxpayers.
(2) Division (C)(1) of this section shall not apply and no refundable credit shall be available to any person if during any portion of the calendar year 2030 the person is not subject to the tax imposed by this chapter.
(D) Not later than June 30, 2006, each qualifying taxpayer, consolidated elected taxpayer, or combined taxpayer that will claim for any year the credit allowed in divisions (B) and (C) of this section shall file with the tax commissioner a report setting forth the amortizable amount available to such taxpayer and all other related information that the commissioner, by rule, requires. If the taxpayer does not timely file the report or fails to provide timely all information required by this division, the taxpayer is precluded from claiming any credit amounts described in divisions (B) and (C) of this section. Unless extended by mutual consent, the tax commissioner may, until June 30, 2010, audit the accuracy of the amortizable amount available to each taxpayer that will claim the credit, and adjust the amortizable amount or, if appropriate, issue any assessment or final determination, as applicable, necessary to correct any errors found upon audit.
(E) For the purpose of calculating the amortizable amount, if the tax commissioner ascertains that any portion of that amount is the result of a sham transaction as described in section 5703.56 of the Revised Code, the commissioner shall reduce the amortizable amount by two times the adjustment.
(F) If one entity transfers all or a portion of its assets and equity to another entity as part of an entity organization or reorganization or subsequent entity organization or reorganization for which no gain or loss is recognized in whole or in part for federal income tax purposes under the Internal Revenue Code, the credits allowed by this section shall be computed in a manner consistent with that used to compute the portion, if any, of federal net operating losses allowed to the respective entities under the Internal Revenue Code. The tax commissioner may prescribe forms or rules for making the computations required by this division.
(G)(1) Except as provided in division (F) of this section, no person shall pledge, collateralize, hypothecate, assign, convey, sell, exchange, or otherwise dispose of any or all tax credits, or any portion of any or all tax credits allowed under this section.
(2) No credit allowed under this section is subject to execution, attachment, lien, levy, or other judicial proceeding.
(H)(1)(a) Except as set forth in division (H)(1)(b) of this section and notwithstanding division (I)(1) of section 5733.04 of the Revised Code to the contrary, each person timely and fully complying with the reporting requirements set forth in division (D) of this section shall not claim, and shall not be entitled to claim, any deduction or adjustment for any Ohio net operating loss carried forward to any one or more franchise tax years after franchise tax year 2005.
(b) Division (H)(1)(a) of this section applies only to the portion of the Ohio net operating loss represented by the disallowed Ohio net operating loss carryforward.
(2) Notwithstanding division (I) of section 5733.04 of the Revised Code to the contrary, with respect to all franchise tax years after franchise tax year 2005, each person timely and fully complying with the reporting requirements set forth in division (D) of this section shall not claim, and shall not be entitled to claim, any deduction, exclusion, or adjustment with respect to deductible temporary differences reflected on the person's books and records on the last day of its taxable year ending in 2004.
(3)(a) Except as set forth in division (H)(3)(b) of this section and notwithstanding division (I) of section 5733.04 of the Revised Code to the contrary, with respect to all franchise tax years after franchise tax year 2005, each person timely and fully complying with the reporting requirements set forth in division (D) of this section shall exclude from Ohio net income all taxable temporary differences reflected on the person's books and records on the last day of its taxable year ending in 2004.
(b) In no event shall the exclusion provided by division (H)(3)(a) of this section for any franchise tax year exceed the amount of the taxable temporary differences otherwise included in Ohio net income for that year.
(4) Divisions (H)(2) and (3) of this section shall apply only to the extent such items were used in the calculations of the credit provided by this section.
Sec. 5919.19. (A) There is hereby created the commemorative Ohio national guard service medal. The adjutant general shall design the medal and administer the program for its distribution. Former members of the Ohio national guard who have been honorably or medically discharged or released from service in the Ohio national guard are eligible, upon application, to receive the medal.
Eligible persons who apply to receive the medal shall submit to the adjutant general a copy of their DD-214 form or NGB-22 form and a fee in an amount to be determined by the adjutant general. The adjutant general shall set the fee at an amount necessary to cover the cost of producing the medal.
(B) There is hereby created in the state treasury the national guard service medal fund. Fees collected from applicants for the medal as well as any appropriations made by the general assembly for purposes of the medal program shall be paid into the state treasury to the credit of the fund. The fund shall be used to pay for the production of the medal.
Sec. 5923.05. (A)(1) Permanent public employees who are
members
of the
Ohio organized militia or members of other reserve
components of
the armed forces of the United States, including the
Ohio
national
guard, are entitled to a leave of absence from their
respective
positions without loss of pay for the time they are
performing
service in the uniformed services,
for periods of up
to one month, for each
calendar year in which
they are performing
service in the
uniformed services.
(2) As used in this section:
(a) "Calendar year" means the
year beginning on the
first
day
of January and ending on the last
day of December.
(b) "Month" means twenty-two eight-hour work days
or
one
hundred seventy-six hours within one calendar year.
(c) "Permanent public employees" and "uniformed services"
have the same meanings as in section 5903.01 of the Revised Code.
(d) "State agency" means any department, bureau, board,
commission, office, or other organized body established by the
constitution or laws of this state for the exercise of any
function of state government, the general assembly, all
legislative agencies, the supreme court, the court of claims, and
the state-supported institutions of higher education.
(B) Except as otherwise provided in division
(D) of this
section, any permanent public employee
who is employed by a
political subdivision, who is entitled to the
leave provided
under division (A) of this section, and who is
called or ordered
to
the uniformed services for longer than a
month, for each
calendar
year in which the employee performed
service in the
uniformed
services, because of an executive order
issued by the
president of
the
United States, because of an act of congress,
or
because of an order to perform duty issued by the governor
pursuant to section 5919.29 of the Revised Code
is entitled,
during the
period designated
in the order or act, to
a leave of
absence and
to be paid, during each
monthly pay period
of that
leave of
absence, the
lesser of the following:
(1) The difference between the permanent public employee's
gross monthly wage or
salary as
a permanent public
employee and
the sum of
the permanent public employee's gross
uniformed pay and
allowances received that month;
(2) Five hundred dollars.
(C)
Except as otherwise provided in division (D) of this
section, any permanent public employee who is employed by a state
agency, who is entitled to the leave provided under division
(A)
of this section, and who is called or ordered to the uniformed
services for longer than a month, for each calendar year in which
the employee performed service in the uniformed services, because
of an executive order issued by the president of the United
States, because of an act of congress, or because of an order to
perform duty issued by the governor pursuant to section 5919.29 or 5923.21 of
the Revised Code is entitled, during the period designated in
the
order or act, to a leave of absence and to be paid, during
each
monthly pay period of that leave of absence, the difference
between the permanent public employee's gross monthly wage or
salary as a permanent public employee and the sum of the permanent
public employee's gross uniformed pay and allowances received that
month.
(D) No permanent public employee shall receive payments
under division (B)
or (C) of this section if the sum of the
permanent
public employee's gross
uniformed pay and allowances
received in a
pay period exceeds the employee's gross
wage or
salary as a
permanent public employee for that
period or if the
permanent
public employee is receiving pay
under division (A) of
this
section.
(E) Any political subdivision of the state, as defined in
section
2744.01 of
the Revised Code, may elect to
pay any of its
permanent public employees who are entitled to the
leave provided
under division (A) of this section and who are
called or ordered
to the uniformed services
for longer than one month, for each
calendar year in which
the employee performed service in the
uniformed services,
because of an executive order issued by the
president or an act
of congress, such payments, in addition to
those
payments required by division (B) of this section, as may be
authorized by the legislative authority of the political
subdivision.
(F) Each permanent public employee who is entitled to
leave
provided under division (A) of this section shall submit to
the
permanent public employee's appointing authority the
published
order authorizing the
call or order to the uniformed services or a
written statement from the appropriate
military commander
authorizing that service, prior to
being
credited
with
that
leave.
(G) Any permanent public employee of a political
subdivision
whose employment is governed by a collective
bargaining agreement
with provision for the
performance of service
in the uniformed
services shall
abide by the terms of that
collective bargaining
agreement with
respect to the performance of
that service,
except
that no collective bargaining
agreement
may afford fewer
rights
and benefits than are conferred under this
section.
Sec. 6121.02. There is hereby created the Ohio water
development authority. Such authority is a body both corporate
and politic in this state, and the carrying out of its purposes
and the exercise by it of the powers conferred by Chapter 6121.
of the Revised Code this chapter shall be held to be, and are hereby
determined to be, essential governmental functions and public
purposes of the state, but the authority is not immune from
liability by reason thereof. The authority is subject to all
provisions of law generally applicable to state agencies which that do
not conflict with this chapter.
The authority shall consist of eight members as follows:
five members appointed by the governor, with the advice and
consent of the senate, no more than three of whom shall be
members of the same political party, and the directors of natural
resources, environmental protection, and development, who shall
be members ex officio without compensation. The director of development may designate a person in the unclassified civil service to serve in the director's place as a member of the authority notwithstanding section 121.05 of the Revised Code. The appointive
members shall be residents of the state, and shall have been
qualified electors therein for a period of at least five years
next preceding their appointment. Appointed members' terms of
office shall be for eight years, commencing on the second day of
July and ending on the first day of July. 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 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. A member of the authority is eligible
for reappointment. Each appointed member of the authority,
before entering upon the performance of the duties of the
office, shall take an oath as provided
by Section 7 of Article XV, Ohio Constitution. The governor may
at any time remove any member of the authority for misfeasance,
nonfeasance, or malfeasance in office.
The authority shall elect one of its appointed members as
chairperson and another as
vice-chairperson, and shall appoint a
secretary-treasurer who need not be a member of the authority.
Four members of the authority shall constitute a quorum, and the
affirmative vote of four members shall be necessary for any
action taken by vote of the authority. No vacancy in the
membership of the authority shall impair the rights of a quorum
by such vote to exercise all the rights and perform all the
duties of the authority.
Before the issuance of any water development revenue bonds
under Chapter 6121. of the Revised Code this chapter, each appointed member of
the authority shall give a surety bond to the state in the penal
sum of twenty-five thousand dollars and the secretary-treasurer
shall give such a bond in the penal sum of fifty thousand
dollars, each such surety bond to be conditioned upon the
faithful performance of the duties of the office, to be executed
by a surety company authorized to transact business in this
state, and to be approved by the governor and filed in the office
of the secretary of state. Each appointed member of the
authority shall receive an annual salary of five thousand
dollars, payable in monthly installments, and is entitled to health
care benefits comparable to those generally available to state officers and
employees under section 124.82 of the Revised Code. If Section 20 of
Article II, Ohio Constitution, prohibits
the Ohio water development authority from paying all or a part of the
cost of health care benefits on behalf of a member of the authority for the
remainder of an existing term, the member may receive these benefits by paying
their total cost from the member's own financial resources, including paying
by means of deductions from the member's salary. Each member shall
be reimbursed for actual expenses necessarily incurred in the
performance of official duties. All expenses incurred in
carrying out such sections this chapter shall be payable solely from funds provided under
Chapter 6121. of the Revised Code this chapter, or appropriated for such
purpose by the general assembly and no liability or obligation
shall be incurred by the authority beyond the extent to which
moneys have been provided under such sections this chapter or such
appropriations.
Section 101.02. That existing sections 9.41, 9.901, 101.543, 107.40, 109.57, 109.572, 113.09, 113.11, 113.12, 117.45, 117.46, 117.47, 117.48, 120.36, 120.52, 120.521, 120.53, 121.37, 122.17, 122.171, 122.72, 122.73, 122.74, 122.90, 124.09, 124.11, 124.134, 124.135, 124.137, 124.138, 124.139, 124.14, 124.151, 124.152, 124.18, 124.181, 124.182, 124.321, 124.324, 124.327, 124.382, 124.384, 124.386, 124.387, 124.389, 124.391, 124.82, 124.821, 124.823, 124.84, 124.87, 125.21, 126.07, 126.21, 126.22, 131.01, 131.02, 131.33, 133.01, 133.04, 133.06, 133.12, 133.18, 141.08, 141.10, 145.70, 173.14, 173.39, 173.391, 173.41, 184.20, 319.301, 340.021, 742.57, 901.23, 927.39, 927.40, 927.41, 927.42, 955.011, 955.16, 955.43, 1309.102, 1309.520, 1309.521, 1317.07, 1321.02, 1333.11, 1333.82, 1523.02, 1901.31, 1901.311, 1901.32, 1901.33, 2151.357, 2152.44, 2305.2341, 2503.20, 2913.01, 2913.02, 2921.321, 2923.46, 2925.44, 2933.43, 3109.14, 3301.0714, 3302.021, 3307.32, 3309.68, 3310.03, 3310.06, 3310.08, 3310.16, 3311.057, 3313.29, 3313.372, 3313.61, 3313.64, 3313.6410, 3313.813, 3314.02, 3314.03, 3314.08, 3314.26, 3314.35, 3314.36, 3315.01, 3317.01, 3317.015, 3317.02, 3317.021, 3317.022, 3317.024, 3317.029, 3317.0216, 3317.03, 3317.051, 3317.053, 3317.06, 3317.07, 3317.082, 3317.11, 3317.19, 3318.052, 3318.37, 3319.17, 3323.091, 3323.13, 3323.20, 3353.02, 3354.10, 3357.10, 3358.06, 3362.01, 3365.02, 3375.121, 3381.15, 3381.17, 3517.152, 3701.041, 3701.341, 3701.65, 3705.242, 3718.02, 3734.57, 3735.67, 3745.114, 3769.087, 3901.383, 3901.3814, 3905.43, 3917.04, 4109.01, 4109.02, 4109.06, 4117.01, 4123.444, 4301.01, 4303.17, 4303.181, 4303.182, 4303.29, 4731.22, 4731.281, 4781.04, 4905.79, 5101.93, 5111.011, 5111.0112, 5111.061, 5111.081, 5111.082, 5111.083, 5111.084, 5111.085, 5111.11, 5111.151, 5111.161, 5111.162, 5111.20, 5111.222, 5111.231, 5111.244, 5111.27, 5111.31, 5111.88, 5111.882, 5111.889, 5111.8811, 5111.8812, 5112.08, 5112.18, 5112.31, 5115.04, 5119.16, 5123.0413, 5123.196, 5123.36, 5139.50, 5505.27, 5531.10, 5577.99, 5703.21, 5703.57, 5705.03, 5705.091, 5705.19, 5705.195, 5705.34, 5709.08, 5709.081, 5709.40, 5709.42, 5709.43, 5709.73, 5709.74, 5709.75, 5709.78, 5709.79, 5709.80, 5711.01, 5725.221, 5727.06, 5727.85, 5729.05, 5733.01, 5733.352, 5733.56, 5733.98, 5735.27, 5739.011, 5739.026, 5739.211, 5741.031, 5743.025, 5743.03, 5743.04, 5743.05, 5743.08, 5743.081, 5743.12, 5743.13, 5743.15, 5743.18, 5743.33, 5743.34, 5743.35, 5745.01, 5747.01, 5747.012, 5747.05, 5747.056, 5747.11, 5747.331, 5748.01, 5748.02, 5751.01, 5751.011, 5751.032, 5751.04, 5751.05, 5751.051, 5751.10, 5751.20, 5751.21, 5751.22, 5751.53, 5923.05, and 6121.02 of the Revised Code are hereby repealed.
Section 105.01. That sections 124.822, 124.92, 3325.12, 3325.17, 3365.11, 4732.04, and 5111.18 of the Revised Code are hereby repealed.
Section 203.10. All items set forth in Sections 203.20 and 203.30 of
this
act are
hereby appropriated out of any moneys in the General
Revenue Fund (GRF) that
are not otherwise appropriated:
Section 203.20. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES
CAP-786 |
|
Rural Areas Community Improvements |
|
$ |
45,000 |
CAP-817 |
|
Urban Areas Community Improvements |
|
$ |
918,900 |
Total Department of Administrative Services |
|
$ |
963,900 |
RURAL AREAS COMMUNITY IMPROVEMENTS
From the foregoing appropriation item CAP-786, Rural Areas
Community
Improvements, grants shall be made for the following
projects:
$20,000 for the Red Mill Creek Water
Retention Basin and $25,000 for the Lawrence County Water Projects.
URBAN AREAS COMMUNITY IMPROVEMENTS
From the foregoing appropriation item CAP-817, Urban Areas
Community
Improvements, grants shall be made for the following
projects: $50,000 for the Brown
Senior Center
Renovations; $100,000 for Project AHEAD Facility
Improvements;
$75,000 for the J. Frank-Troy Senior Citizens Center; $50,000 for the Beech Acres Family Center; $23,900 for the Canton Jewish Women's Center;
$450,000 for the Gateway Social Services Building; $50,000 for the Loew
Field Improvements; $20,000 for the Harvard Community Services
Center Renovation
& Expansion; $20,000 for the Collinwood
Community Service Center Repair
& Renovation; and $80,000 for
Bowman Park - City of Toledo.
Section 203.30. DNR DEPARTMENT OF NATURAL RESOURCES
CAP-823 |
|
Cost Sharing-Pollution Abatement |
|
$ |
22,538 |
CAP-942 |
|
Local Parks Projects |
|
$ |
80,225 |
CAP-999 |
|
Geographic Information Management System |
|
$ |
1,085 |
Total Department of Natural Resources |
|
$ |
103,847 |
TOTAL GRF General Revenue Fund |
|
$ |
1,067,747 |
From the foregoing appropriation item CAP-942, Local Parks Projects, $75,000 shall be granted for the Liberty Township Playground.
Section 203.40. No expenditures shall be made from any of the
items appropriated from the General Revenue Fund in Sections 203.20 and 203.30 of
this act until the funds are released by the
Controlling
Board.
Section 205.10. All items set forth in this section are hereby
appropriated out of any moneys in the state treasury to the
credit
of the Wildlife Fund (Fund 015) that are not otherwise
appropriated:
DNR DEPARTMENT OF NATURAL RESOURCES
CAP-117 |
|
Cooper Hollow Wildlife Area |
|
$ |
4,815 |
CAP-161 |
|
Tranquility Wildlife Area |
|
$ |
1,286 |
CAP-216 |
|
Killbuck Creek Wildlife Area |
|
$ |
550 |
CAP-387 |
|
Access Development |
|
$ |
2,459,274 |
CAP-702 |
|
Upgrade Underground Fuel Tanks |
|
$ |
134,945 |
CAP-703 |
|
Cap Abandoned Water Wells |
|
$ |
57,125 |
CAP-754 |
|
Tiffin River Wildlife Area |
|
$ |
1,000 |
CAP-834 |
|
Appraisal Fees - Statewide |
|
$ |
52,445 |
CAP-852 |
|
Wildlife Area Building Development/Renovation |
|
$ |
3,376,004 |
CAP-881 |
|
Dam Rehabilitation |
|
$ |
500,000 |
CAP-995 |
|
Boundary Protection |
|
$ |
100,000 |
Total Department of Natural Resources |
|
$ |
6,687,444 |
TOTAL Wildlife Fund |
|
$ |
6,687,444 |
Section 207.10. The items set forth in this section are hereby
appropriated out of
any moneys in the state treasury to the credit
of the Public School Building
Fund (Fund 021) that are not
otherwise appropriated:
SFC SCHOOL FACILITIES COMMISSION
CAP-622 |
|
Public School Buildings |
|
$ |
30,219,647 |
CAP-778 |
|
Exceptional Needs |
|
$ |
1,440,286 |
CAP-783 |
|
Emergency School Building Assistance |
|
$ |
15,000,000 |
Total School Facilities Commission |
|
$ |
46,659,933 |
TOTAL Public School Building Fund |
|
$ |
46,659,933 |
Section 209.10. The items set forth in this section are hereby
appropriated out
of any moneys in the state treasury to the credit
of the Highway Safety Fund
(Fund 036) that are not otherwise
appropriated:
DHS DEPARTMENT OF PUBLIC SAFETY
CAP-045 |
|
Platform Scales Improvements |
|
$ |
400,000 |
CAP-072 |
|
Patrol Academy Infrastructure Improvements |
|
$ |
750,000 |
CAP-077 |
|
Van Wert Patrol Post |
|
$ |
31,567 |
CAP-079 |
|
Ironton Patrol Post |
|
$ |
1,900,000 |
Total Department of Public Safety |
|
$ |
3,081,567 |
TOTAL Highway Safety Fund |
|
$ |
3,081,567 |
Section 211.10. All items set forth in this section are hereby
appropriated out of any moneys in the state treasury to the
credit
of the Waterways Safety Fund (Fund 086) that are not
otherwise
appropriated:
DNR DEPARTMENT OF NATURAL RESOURCES
CAP-082 |
|
Lake Loramie State Park |
|
$ |
128,617 |
CAP-205 |
|
Deer Creek State Park |
|
$ |
360,000 |
CAP-324 |
|
Cooperative Funding for Boating Facilities |
|
$ |
10,934,559 |
CAP-390 |
|
State Park Maintenance Facility Development |
|
$ |
1,821,093 |
CAP-934 |
|
Operations Facilities Development |
|
$ |
1,141,508 |
Total Department of Natural Resources |
|
$ |
14,385,777 |
TOTAL Waterways Safety Fund |
|
$ |
14,385,777 |
Section 213.10. All items set forth in this section are hereby
appropriated out
of any moneys in the state treasury to the credit
of the Underground Parking
Garage Operating Fund (Fund 208) that
are not otherwise appropriated:
CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD
CAP-004 |
|
Emergency Generator and Lighting System |
|
$ |
200,000 |
CAP-008 |
|
Install Garage Oil Interceptor System |
|
$ |
60,000 |
CAP-009 |
|
Garage Fire Suppression System |
|
$ |
706,631 |
Total Capitol Square Review and Advisory Board |
|
$ |
966,631 |
TOTAL Underground Parking Garage Operating Fund |
|
$ |
966,631 |
UNDERGROUND PARKING GARAGE FIRE SUPPRESSION SYSTEM
Appropriation item CAP-009, Garage Fire Suppression System, in the Underground Parking Garage Operating Fund (Fund 208), shall be used for completion of the second and final phase of a fire suppression system in the Statehouse garage. Notwithstanding any section of the Revised Code, any transfer or disbursement of moneys from appropriation item CAP-009, Garage Fire Suppression System, for this purpose shall be subject to Controlling Board approval.
Section 215.10. The items set forth in this section are hereby appropriated out of any moneys in the state treasury to the credit of the Nursing Home - Federal Fund (Fund 319) that are not otherwise appropriated:
OVH OHIO VETERANS' HOME
430-776 |
|
Mechanical Systems Upgrade |
|
$ |
1,560,000 |
430-777 |
|
Secrest Kitchen Improvements |
|
$ |
260,000 |
430-778 |
|
Corridor Renovations |
|
$ |
325,000 |
430-781 |
|
Secrest/Veterans' Hall Roof Replacement |
|
$ |
552,500 |
Total Ohio Veterans' Home |
|
$ |
2,697,500 |
TOTAL Nursing Home - Federal Fund |
|
$ |
2,697,500 |
Section 217.10. All items set forth in this section are hereby
appropriated out of any moneys in the state treasury to the credit
of the Army National Guard Service Contract Fund (Fund 342) that are not
otherwise appropriated:
ADJ ADJUTANT GENERAL
CAP-065 |
|
Local Armory Construction/Federal |
|
$ |
5,845,553 |
Total Adjutant General |
|
$ |
5,845,553 |
TOTAL Army National Guard Service Contract Fund |
|
$ |
5,845,553 |
Section 219.10. All items set forth in this section are hereby appropriated out of any moneys in the state treasury to the credit of the Special Administrative Fund (Fund 4A9) that are not otherwise appropriated:
JFS DEPARTMENT OF JOB AND FAMILY SERVICES
CAP-027 |
|
Various Renovations - Local Offices |
|
$ |
2,076,956 |
CAP-702 |
|
Central Office Building Renovations |
|
$ |
16,000,000 |
Total Department of Job and Family Services |
|
$ |
18,076,956 |
TOTAL Special Administrative Fund |
|
$ |
18,076,956 |
CENTRAL OFFICE BUILDING RENOVATIONS SPENDING AND REPAYMENT PLAN
Funds appropriated in the foregoing appropriation item CAP-702, Central Office Building Renovations, are to be released for expenditure only after approval of the Unemployment Compensation Advisory Council created under section 4141.08 of the Revised Code. The amount to be released shall be based on a spending plan, which may include a repayment schedule, approved by the Council. Once approval is received, the Director of Job and Family Services shall request the Director of Budget and Management or the Controlling Board to release the appropriation.
Section 221.10. The items set forth in this section are hereby appropriated out of any moneys in the state treasury to the credit of the Community Match Armories Fund (Fund 5U8) that are not otherwise appropriated:
ADJ ADJUTANT GENERAL
CAP-066 |
|
Armory Construction/Local |
|
$ |
4,273,922 |
Total Adjutant General |
|
$ |
4,273,922 |
TOTAL Community Match Armories Fund |
|
$ |
4,273,922 |
Section 223.10. The items set forth in this section are hereby appropriated out of any moneys in the state treasury to the credit of the State Fire Marshal Fund (Fund 546) that are not otherwise appropriated:
COM DEPARTMENT OF COMMERCE
CAP-015 |
|
Site Improvements |
|
$ |
646 |
CAP-016 |
|
MARCS Radio Communication |
|
$ |
33,187 |
Total Department of Commerce |
|
$ |
33,833 |
TOTAL State Fire Marshal Fund |
|
$ |
33,833 |
Section 225.10. The items set forth in this section are hereby
appropriated out of any moneys in the state treasury to the
credit
of the Veterans' Home Improvement Fund (Fund 604) that
are not
otherwise appropriated:
OVH OHIO VETERANS' HOME
CAP-776 |
|
Mechanical Systems Upgrade |
|
$ |
811,800 |
CAP-777 |
|
Secrest Kitchen Improvements |
|
$ |
95,318 |
CAP-778 |
|
Corridor Renovations |
|
$ |
120,344 |
CAP-779 |
|
Service Building |
|
$ |
33,410 |
CAP-781 |
|
Secrest/Veterans' Hall Roof Replacement |
|
$ |
293,378 |
CAP-782 |
|
HVAC Controls Upgrade |
|
$ |
135,000 |
CAP-783 |
|
Resident Security Upgrade |
|
$ |
50,000 |
CAP-784 |
|
Multipurpose/Employee Locker Room |
|
$ |
228,680 |
Total Ohio Veterans' Home |
|
$ |
1,767,930 |
TOTAL Veterans' Home Improvement Fund |
|
$ |
1,767,930 |
Section 227.10. 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 |
|
$ |
107,244,971 |
CAP-784 |
|
Exceptional Needs Program |
|
$ |
7,097,377 |
Total School Facilities Commission |
|
$ |
114,342,348 |
TOTAL Education Facilities Trust Fund |
|
$ |
114,342,348 |
Section 229.10. All items set forth in this section are hereby
appropriated out of any moneys in the state treasury to the credit
of the Clean Ohio Revitalization Fund (Fund 003) that are not otherwise appropriated:
DEV DEPARTMENT OF DEVELOPMENT
CAP-001 |
|
Clean Ohio Revitalization |
|
$ |
40,702,351 |
CAP-002 |
|
Clean Ohio Assistance |
|
$ |
13,208,076 |
Total Department of Development |
|
$ |
53,910,427 |
TOTAL Clean Ohio Revitalization Fund |
|
$ |
53,910,427 |
Section 231.10. All items set forth in this section are hereby appropriated out of any moneys in the state treasury to the credit of the Job Ready Site Development Fund (Fund 012) that are not otherwise appropriated:
DEV DEPARTMENT OF DEVELOPMENT
CAP-003 |
|
Job Ready Site Development |
|
$ |
30,000,000 |
Total Department of Development |
|
$ |
30,000,000 |
TOTAL Job Ready Site Development Fund |
|
$ |
30,000,000 |
Section 233.10. All items set forth in this section are hereby
appropriated out of any moneys in the state treasury to the
credit
of the Highway Safety Building Fund (Fund 025) that are not otherwise appropriated:
DHS DEPARTMENT OF PUBLIC SAFETY
CAP-047 |
|
Public Safety Office Building |
|
$ |
2,710,400 |
CAP-068 |
|
Alum Creek Warehouse Renovations |
|
$ |
84,207 |
CAP-069 |
|
Centre School Renovations |
|
$ |
20,219 |
CAP-070 |
|
Canton One Stop Shop |
|
$ |
731,000 |
CAP-076 |
|
Investigative Unit MARCS Equipment |
|
$ |
15,877 |
Total Department of Public Safety |
|
$ |
3,561,703 |
TOTAL Highway Safety Building Fund |
|
$ |
3,561,703 |
Section 235.10. All items set forth in Sections 235.20 to 236.20 of this act
are
hereby
appropriated out
of any moneys in the state treasury to
the
credit
of the Administrative
Building Fund (Fund 026) that are not otherwise appropriated:
Section 235.20. ADJ ADJUTANT GENERAL
CAP-032 |
|
Upgrade Underground Storage Tanks |
|
$ |
46,078 |
CAP-034 |
|
Asbestos Abatement - Various Facilities |
|
$ |
6,392 |
CAP-036 |
|
Roof Replacement - Various Facilities |
|
$ |
337,408 |
CAP-038 |
|
Electrical System - Various Facilities |
|
$ |
164,912 |
CAP-039 |
|
Camp Perry Facility Improvements |
|
$ |
235,272 |
CAP-044 |
|
Replace Windows/Doors - Various Facilities |
|
$ |
257,459 |
CAP-045 |
|
Plumbing Renovations - Various Facilities |
|
$ |
283,022 |
CAP-046 |
|
Paving Renovations - Various Facilities |
|
$ |
788,000 |
CAP-050 |
|
HVAC Systems - Various Facilities |
|
$ |
193,552 |
CAP-054 |
|
Construct Camp Perry Administration Building |
|
$ |
6,540 |
CAP-056 |
|
Masonry Renovations - Various Facilities |
|
$ |
181,096 |
CAP-057 |
|
Sewer Improvement - Rickenbacker |
|
$ |
1,300 |
CAP-059 |
|
Construct Bowling Green Armory |
|
$ |
14,151 |
CAP-060 |
|
Facility Protection Measures |
|
$ |
463,246 |
CAP-061 |
|
Repair/Renovate Waste Water System |
|
$ |
200,000 |
CAP-068 |
|
Norwalk Armory Storage Facility |
|
$ |
15,000 |
CAP-069 |
|
Construct Marysville Armory/Community Center |
|
$ |
2,883,475 |
Total Adjutant General |
|
$ |
6,076,903 |
The foregoing appropriation item CAP-059, Construct Bowling
Green Armory, shall be used to fund the state's share of the cost
of building a basic armory in the Bowling Green area, including
the cost of site acquisition, site preparation, and planning and
design. Appropriations shall not be released for this item
without a certification by the Adjutant General to the Director of
Budget and Management that sufficient moneys have been allocated
for the federal share of the cost of construction.
The amount reappropriated for appropriation item CAP-059, Construct Bowling Green Armory, is the unencumbered and unallotted balance as of June 30, 2006, in appropriation item CAP-059, Construct Bowling Green Armory, plus $14,151.
Section 235.30. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES
CAP-809 |
|
Hazardous Substance Abatement |
|
$ |
1,609,476 |
CAP-811 |
|
Health/EPA Laboratory Facilities |
|
$ |
1,116,354 |
CAP-822 |
|
Americans with Disabilities Act |
|
$ |
1,598,416 |
CAP-826 |
|
Office Services Building Renovation |
|
$ |
86,483 |
CAP-827 |
|
Statewide Communications System |
|
$ |
16,943,803 |
CAP-834 |
|
Capital Project Management System |
|
$ |
1,157,600 |
CAP-835 |
|
Energy Conservation Projects |
|
$ |
890,085 |
CAP-837 |
|
Major Computer Purchases |
|
$ |
1,476,068 |
CAP-838 |
|
SOCC Renovations |
|
$ |
1,399,122 |
CAP-844 |
|
Hamilton State/Local Government Center -
Planning |
|
$ |
57,500 |
CAP-849 |
|
Facility Planning and Development |
|
$ |
3,492,200 |
CAP-850 |
|
Education Building Renovations |
|
$ |
14,649 |
CAP-852 |
|
North High Building Complex Renovations |
|
$ |
11,534,496 |
CAP-855 |
|
Office Space Planning |
|
$ |
5,274,502 |
CAP-856 |
|
Governor's Residence Security Update |
|
$ |
6,433 |
CAP-859 |
|
eSecure Ohio |
|
$ |
2,626,921 |
CAP-860 |
|
Structured Cabling |
|
$ |
403,518 |
CAP-864 |
|
eGovernment Infrastructure |
|
$ |
1,297,400 |
CAP-865 |
|
DAS Building Security |
|
$ |
140,852 |
CAP-866 |
|
OH*1 Network |
|
$ |
4,000,000 |
CAP-867 |
|
Lausche Building Connector |
|
$ |
1,307,200 |
CAP-868 |
|
Riversouth Development |
|
$ |
18,500,000 |
Total Department of Administrative Services |
|
$ |
74,933,078 |
HAZARDOUS SUBSTANCE ABATEMENT IN STATE FACILITIES
The foregoing appropriation item CAP-809, Hazardous Substance
Abatement, shall be used to fund the removal of asbestos, PCB,
radon gas, and other contamination hazards from state facilities.
Prior to the release of funds for asbestos abatement, the
Department of Administrative Services shall review proposals from
state agencies to use these funds for asbestos abatement projects
based on criteria developed by the Department of Administrative
Services. Upon a determination by the Department of
Administrative
Services that the requesting agency cannot fund the
asbestos
abatement project or other toxic materials removal
through
existing capital and operating appropriations, the
Department may
request the release of funds for such projects by
the Controlling
Board. State agencies intending to fund asbestos
abatement or
other toxic materials removal through existing
capital and
operating appropriations shall notify the Director of
Administrative Services of the nature and scope prior to
commencing the project.
Only agencies that have received appropriations for capital
projects from the Administrative Building Fund (Fund 026) are
eligible to receive funding from this item. Public school
districts are not eligible.
IMPLEMENTATION OF AMERICANS WITH DISABILITIES ACT
The foregoing appropriation item CAP-822, Americans with
Disabilities Act, shall be used to renovate state-owned facilities
to provide access for physically disabled persons in accordance
with Title II of the Americans with Disabilities Act.
Prior to the release of funds for renovation, state agencies
shall
perform self-evaluations of state-owned facilities
identifying
barriers to access to service. State agencies shall
prioritize
access barriers and develop a transition plan for the
removal of
these barriers. The Department of Administrative
Services shall
review proposals from state agencies to use these
funds for
Americans with Disabilities Act renovations.
Only agencies that have received appropriations for capital
projects from the Administrative Building Fund (Fund 026) are eligible
to receive funding from this item. Public school districts are
not
eligible.
MARCS STEERING COMMITTEE AND STATEWIDE COMMUNICATIONS SYSTEM
There is hereby continued a Multi-Agency Radio Communications
System (MARCS) Steering Committee consisting of the designees of
the
Directors of the Office of Information Technology, Public Safety, Natural
Resources, Transportation, Rehabilitation and Correction, and
Budget and Management. The Director of the Office of Information Technology or
the Director's designee shall chair the Committee. The Committee
shall provide assistance to the Director of the Office of Information Technology for effective and efficient implementation of the MARCS
system as well as develop policies for the ongoing management of
the system. Upon dates prescribed by the Directors of
the Office of Information Technology and Budget and Management, the MARCS
Steering Committee shall report to the Directors on the
progress
of MARCS implementation and the development of policies
related to
the system.
The foregoing appropriation item CAP-827, Statewide
Communications
System, shall be used to purchase or construct the
components of
MARCS that are not
specific to any one agency. The
equipment may include, but is not
limited to, multi-agency
equipment at the Emergency Operations
Center/Joint Dispatch
Facility, computer and telecommunication
equipment used for the
functioning and integration of the system,
communications towers,
tower sites, tower equipment, and
linkages among towers and
between towers and the State of Ohio
Network for Integrated
Communication (SONIC) system. The Director
of the Office of Information Technology shall, with the concurrence of the
MARCS Steering
Committee, determine the specific use of funds.
The amount reappropriated for the foregoing appropriation item CAP-827, Statewide Communications System, is the unencumbered and unallotted balance as of June 30, 2006, in appropriation item CAP-827, Statewide Communications System, plus $623,665.11.
Spending from this appropriation item shall not be subject to
Chapters 123. and 153. of the Revised Code.
ENERGY CONSERVATION PROJECTS
The foregoing appropriation item CAP-835, Energy Conservation
Projects, shall be used to perform energy conservation
renovations, including the United States Environmental Protection
Agency's Energy Star Program, in state-owned facilities. Prior to
the release of funds for renovation, state agencies shall have
performed a comprehensive energy audit for each project. The
Department of Administrative Services shall review and approve
proposals from state agencies to use these funds for energy
conservation.
Public school districts and state-supported and
state-assisted
institutions of higher education are not eligible
for funding from
this item.
NORTH HIGH BUILDING COMPLEX RENOVATIONS
The amount reappropriated for the foregoing appropriation item CAP-852, North High Building Complex Renovations, is the unencumbered and unallotted balance as of June 30, 2006, in appropriation item CAP-852, North High Building Complex Renovations, plus the sum of the unencumbered and unallotted balance for appropriation item CAP-813, Heer Building Renovation as of June 30, 2006.
Section 235.40. AGR DEPARTMENT OF AGRICULTURE
CAP-025 |
|
Building Renovations |
|
$ |
5,020 |
CAP-029 |
|
Administration Building Renovation |
|
$ |
541 |
CAP-033 |
|
Site Electrical/Utility Improvement |
|
$ |
15,420 |
CAP-037 |
|
Consumer Lab/Weights/Measures Equip |
|
$ |
6,428 |
CAP-039 |
|
Renovate Weights/Measures Building |
|
$ |
307,655 |
CAP-042 |
|
Reynoldsburg Complex Security |
|
$ |
110,000 |
CAP-043 |
|
Building and Grounds Renovation |
|
$ |
501,863 |
CAP-044 |
|
Renovate Building 4 |
|
$ |
59,832 |
CAP-049 |
|
Consumer Analytical Laboratory |
|
$ |
110,000 |
CAP-050 |
|
Plant Industries Building Planning |
|
$ |
650,000 |
Total Department of Agriculture |
|
$ |
1,766,759 |
Section 235.50. AGO ATTORNEY GENERAL
CAP-715 |
|
Expand/Renovate Richfield Lab |
|
$ |
51,942 |
Total Attorney General |
|
$ |
51,942 |
EXPAND/RENOVATE RICHFIELD LAB
The amount reappropriated for appropriation item CAP-715, Expand/Renovate Richfield Lab, is the unencumbered and unallotted balance as of June 30, 2006, in appropriation item CAP-715, Expand/Renovate Richfield Lab, plus $39,403.
Section 235.60. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD
CAP-010 |
|
Capitol Rotunda Renovations |
|
$ |
1,607,515 |
CAP-015 |
|
Sound System Upgrades |
|
$ |
136,118 |
Total Capitol Square Review and Advisory Board |
|
$ |
1,743,633 |
Section 235.70. EXP EXPOSITIONS COMMISSION
CAP-037 |
|
Electric and Lighting Upgrade |
|
$ |
2,400,000 |
CAP-046 |
|
Land Acquisition |
|
$ |
5,240 |
CAP-056 |
|
Building Renovations - 2 |
|
$ |
1,609,813 |
CAP-057 |
|
HVAC Planning |
|
$ |
2,001 |
CAP-063 |
|
Facility Improvements and Modernization Plan |
|
$ |
131,771 |
CAP-064 |
|
Replacement of Water Lines |
|
$ |
16,209 |
CAP-068 |
|
Masonry Renovations |
|
$ |
59,824 |
CAP-069 |
|
Restroom Renovations |
|
$ |
9,559 |
CAP-072 |
|
Emergency Renovations and Equipment Replacement |
|
$ |
783,523 |
Total Expositions Commission |
|
$ |
5,017,940 |
FACILITY IMPROVEMENTS AND MODERNIZATION PLAN
The amount reappropriated for the foregoing appropriation item CAP-063, Facility Improvements and Modernization Plan, is the unencumbered and unallotted balance as of June 30, 2006, in appropriation item CAP-063, Facility Improvements and Modernization Plan, plus $131,771.
Section 235.80. DNR DEPARTMENT OF NATURAL RESOURCES
CAP-741 |
|
High Band Radio System |
|
$ |
107,336 |
CAP-742 |
|
Fountain Square Building and Telephone System Improvements |
|
$ |
1,403,088 |
CAP-744 |
|
Multi-Agency Radio Communications Equipment |
|
$ |
2,412,559 |
CAP-747 |
|
DNR Fairgrounds Areas Upgrading |
|
$ |
500,000 |
CAP-867 |
|
Reclamation Facility Renovation and Development |
|
$ |
225,000 |
CAP-928 |
|
Handicapped Accessibility |
|
$ |
39,654 |
CAP-934 |
|
District Office Renovations and Development |
|
$ |
761,147 |
Total Department of Natural Resources |
|
$ |
5,448,784 |
Section 235.90. DHS DEPARTMENT OF PUBLIC SAFETY
CAP-053 |
|
Construct EMA/EOC and Office Building |
|
$ |
6,605 |
CAP-054 |
|
Multi-Agency Radio Communications System |
|
$ |
587,511 |
CAP-067 |
|
VHF Radio System Improvements |
|
$ |
224,464 |
CAP-078 |
|
Upgrade/Replacement - State EOC Equipment |
|
$ |
950,762 |
CAP-081 |
|
National Weather Radio Coverage |
|
$ |
162,900 |
Total Department of Public Safety |
|
$ |
1,932,242 |
Section 236.10. OSB SCHOOL FOR THE BLIND
CAP-728 |
|
New School Lighting |
|
$ |
184,500 |
CAP-745 |
|
Roof Improvements on the School and Cottage |
|
$ |
164,186 |
CAP-751 |
|
Upgrade Fire Alarm System |
|
$ |
73,192 |
CAP-757 |
|
Bathroom Handicapped Accessibility |
|
$ |
20,956 |
CAP-764 |
|
Electric System Improvements |
|
$ |
29,774 |
CAP-772 |
|
Boiler Replacement |
|
$ |
233,240 |
CAP-774 |
|
Glass Windows/East Wall of Natatorium |
|
$ |
63,726 |
CAP-775 |
|
Renovation of Science Lab Greenhouse |
|
$ |
58,850 |
CAP-776 |
|
Renovating Recreation Area |
|
$ |
213,900 |
CAP-777 |
|
New Classrooms/Secondary MH Program |
|
$ |
880,407 |
CAP-778 |
|
Renovation of Student Health Service Area |
|
$ |
144,375 |
CAP-779 |
|
Replacement of Cottage Windows |
|
$ |
208,725 |
CAP-780 |
|
Residential Renovations |
|
$ |
7,043 |
CAP-781 |
|
Food Prep Area/Air Conditioning |
|
$ |
67,250 |
Total Ohio School for the Blind |
|
$ |
2,350,124 |
Section 236.20. OSD SCHOOL FOR THE DEAF
CAP-776 |
|
Dormitory Renovations |
|
$ |
2,833 |
CAP-777 |
|
Boilers, Blowers, Central School Complex |
|
$ |
748,144 |
CAP-778 |
|
Central Warehouse |
|
$ |
676,624 |
CAP-779 |
|
Storage Barn |
|
$ |
330,850 |
Total Ohio School for the Deaf |
|
$ |
1,758,451 |
Total Administrative Building Fund |
|
$ |
101,079,856 |
Section 239.10. All items set forth in this section are hereby
appropriated out of any moneys in the state treasury to the
credit
of the Adult Correctional Building Fund (Fund 027) that are not otherwise appropriated:
DRC DEPARTMENT OF REHABILITATION AND CORRECTIONSTATEWIDE AND CENTRAL OFFICE PROJECTS
CAP-002 |
|
Local Jails |
|
$ |
1,852,736 |
CAP-003 |
|
Community-Based Correctional Facilities |
|
$ |
10,119,077 |
CAP-004 |
|
Site Renovations |
|
$ |
618,891 |
CAP-007 |
|
Asbestos Removal |
|
$ |
380,624 |
CAP-008 |
|
Powerhouse/Utility Improvements |
|
$ |
2,507,048 |
CAP-009 |
|
Water System/Plant Improvements |
|
$ |
4,613,277 |
CAP-010 |
|
Industrial Equipment - Statewide |
|
$ |
373,291 |
CAP-011 |
|
Roof/Window Renovations - Statewide |
|
$ |
601,320 |
CAP-012 |
|
Shower/Restroom Improvements |
|
$ |
1,142,680 |
CAP-017 |
|
Security Improvements - Statewide |
|
$ |
7,583,533 |
CAP-026 |
|
Waste Water Treatment Facilities |
|
$ |
41,087 |
CAP-041 |
|
Community Residential Program |
|
$ |
5,566,687 |
CAP-109 |
|
Statewide Fire Alarm Systems |
|
$ |
69,080 |
CAP-111 |
|
General Building Renovations |
|
$ |
33,465,948 |
CAP-129 |
|
Water Treatment Plants - Statewide |
|
$ |
651,500 |
CAP-141 |
|
Multi-Agency Radio System Equipment |
|
$ |
835,604 |
CAP-142 |
|
Various Medical Services |
|
$ |
755,818 |
CAP-143 |
|
Perimeter, Lighting, Alarm, Sallyports |
|
$ |
659,236 |
CAP-186 |
|
Close Custody Prison and Camp |
|
$ |
5,000,000 |
CAP-187 |
|
Mandown Alert Communication System - Statewide |
|
$ |
3,172,907 |
CAP-188 |
|
Manufacturing/Storage Building Additions - Statewide |
|
$ |
159,300 |
CAP-189 |
|
Tuck-pointing - Statewide |
|
$ |
27,754 |
CAP-238 |
|
Electrical Systems Upgrades |
|
$ |
175,025 |
CAP-239 |
|
Emergency Projects |
|
$ |
1,532,617 |
CAP-240 |
|
State Match for Federal Prison Construction Funds |
|
$ |
1,625,319 |
CAP-302 |
|
OPI Shops Renovation - Statewide |
|
$ |
75,000 |
Total Statewide and Central Office Projects |
|
$ |
83,605,359 |
BELMONT CORRECTIONAL INSTITUTION
CAP-358 |
|
Soft Start Capacitors |
|
$ |
28,928 |
Total Belmont Correctional Institution |
|
$ |
28,928 |
CHILLICOTHE CORRECTIONAL INSTITUTION
CAP-177 |
|
Convert Warehouse to Dormitory |
|
$ |
596 |
CAP-190 |
|
Utility Improvements |
|
$ |
117,500 |
CAP-258 |
|
Sewer Upgrades |
|
$ |
267,092 |
Total Chillicothe Correctional Institution |
|
$ |
385,188 |
CORRECTIONAL RECEPTION CENTER
CAP-333 |
|
HVAC Upgrade - CRC |
|
$ |
1,500 |
CAP-334 |
|
Roof Renovation - CRC |
|
$ |
705 |
Total Correctional Reception Center |
|
$ |
2,205 |
CORRECTIONS MEDICAL CENTER
CAP-362 |
|
Parking Lot Improvements |
|
$ |
80,895 |
Total Corrections Medical Center |
|
$ |
80,895 |
CORRECTIONS TRAINING ACADEMY
CAP-342 |
|
Asbestos Abatement/HVAC Upgrade - CTA |
|
$ |
913,710 |
Total Corrections Training Academy |
|
$ |
913,710 |
DAYTON CORRECTIONAL INSTITUTION
CAP-195 |
|
Hot Water System Improvements - DCI |
|
$ |
400,000 |
CAP-242 |
|
Shower Renovations - DCI |
|
$ |
58,929 |
CAP-352 |
|
Site Drainage Improvement |
|
$ |
3,500 |
Total Dayton Correctional Institution |
|
$ |
462,429 |
FRANKLIN PRE-RELEASE CENTER
CAP-316 |
|
Roof Renovation - FPRC |
|
$ |
1,200 |
Total Franklin Pre-Release Center |
|
$ |
1,200 |
GRAFTON CORRECTIONAL INSTITUTION
CAP-339 |
|
Residential Treatment Unit - ADD - GCI |
|
$ |
1,500 |
CAP-359 |
|
Roof Replacement - GCI |
|
$ |
918,916 |
Total Grafton Correctional Institution |
|
$ |
920,416 |
LEBANON CORRECTIONAL INSTITUTION
CAP-118 |
|
Water Tower Renovations |
|
$ |
1,174 |
CAP-119 |
|
Masonry Improvements - LECI |
|
$ |
3,063 |
CAP-198 |
|
Water Treatment Plant - LECI |
|
$ |
1,269,008 |
CAP-285 |
|
Bar Screen Replacement |
|
$ |
1,203 |
CAP-332 |
|
Electric Distribution and Transformer |
|
$ |
101,000 |
CAP-361 |
|
Dietary Floor Renovation |
|
$ |
18,040 |
Total Lebanon Correctional Institution |
|
$ |
1,393,488 |
LONDON CORRECTIONAL INSTITUTION
CAP-245 |
|
Bridge Replacement - LOCI |
|
$ |
2,865 |
CAP-261 |
|
Roof Replacement |
|
$ |
1,028 |
CAP-308 |
|
Electric Upgrades - LOCI |
|
$ |
250,000 |
Total London Correctional Institution |
|
$ |
253,893 |
LORAIN CORRECTIONAL INSTITUTION
CAP-303 |
|
Auger Replacement - LLORCL |
|
$ |
500 |
CAP-348 |
|
Door and Lock Replacement - LRCI |
|
$ |
1,500 |
CAP-353 |
|
Roof Renovations - LRCI |
|
$ |
15,000 |
Total Lorain Correctional Institution |
|
$ |
17,000 |
MADISON CORRECTIONAL INSTITUTION
CAP-288 |
|
Water Softener System - Madison |
|
$ |
1,500 |
Total Madison Correctional Institution |
|
$ |
1,500 |
MANSFIELD CORRECTIONAL INSTITUTION
CAP-305 |
|
Site Improvements - MNCI |
|
$ |
314,375 |
CAP-307 |
|
Network Wiring - MNCI |
|
$ |
155,073 |
CAP-356 |
|
Security Fence Upgrade - MNCI |
|
$ |
456,537 |
Total Mansfield Correctional Institution |
|
$ |
925,985 |
MARION CORRECTIONAL INSTITUTION
CAP-208 |
|
Hot Water Tank Replacement |
|
$ |
151,750 |
CAP-246 |
|
Exterior Window Replacement - MCI |
|
$ |
1,075 |
CAP-329 |
|
Concrete Floor Replacement - MCI |
|
$ |
866 |
Total Marion Correctional Institution |
|
$ |
153,691 |
OHIO REFORMATORY FOR WOMEN
CAP-165 |
|
Master Plan Building/Renovations - ORW |
|
$ |
59,585 |
CAP-210 |
|
Replacement Dormitory - ORW |
|
$ |
772,090 |
CAP-212 |
|
Powerhouse Renovation
& Replumbing |
|
$ |
1,250,000 |
CAP-267 |
|
Renovate ARN Dorms |
|
$ |
761 |
CAP-326 |
|
Control Center Expansion - ORW |
|
$ |
1,500 |
CAP-327 |
|
Roof Replacement - ORW |
|
$ |
168,852 |
Total Ohio Reformatory for Women |
|
$ |
2,252,788 |
OHIO STATE PENITENTIARY
CAP-363 |
|
Fence Security Systms - OSP |
|
$ |
12,700 |
Total Ohio State Penitentiary |
|
$ |
12,700 |
PICKAWAY CORRECTIONAL INSTITUTION
CAP-228 |
|
Power House Improvements |
|
$ |
1,000 |
CAP-274 |
|
Replacement of Segregation Housing |
|
$ |
4,806,750 |
CAP-312 |
|
Waste Water Treatment Plant |
|
$ |
6,767,175 |
CAP-357 |
|
Emergency Generator Repair - PCI |
|
$ |
1,080,993 |
Total Pickaway Correctional Institution |
|
$ |
12,655,918 |
RICHLAND CORRECTIONAL INSTITUTION
CAP-360 |
|
Dormitory Exterior Stairs - RICI |
|
$ |
271,278 |
Total Richland Correctional Institution |
|
$ |
271,278 |
ROSS CORRECTIONAL INSTITUTION
CAP-276 |
|
Rubberized Roof Replacement |
|
$ |
38,863 |
CAP-311 |
|
Water Tower Renovation - RCI |
|
$ |
1,600 |
CAP-331 |
|
Security Upgrades and Improvements |
|
$ |
76,600 |
Total Ross Correctional Institution |
|
$ |
117,063 |
SOUTHEASTERN CORRECTIONAL INSTITUTION
CAP-167 |
|
Master Plan Building/Renovations - SCI |
|
$ |
8,569 |
CAP-336 |
|
Waste Water Treatment Plant Improvements - SCI |
|
$ |
421,952 |
Total Southeastern Correctional Institution |
|
$ |
430,521 |
SOUTHERN OHIO CORRECTIONAL FACILITY
CAP-279 |
|
Powerhouse Domestic Hot Water Replacement |
|
$ |
150,664 |
Total Southern Ohio Correctional Facility |
|
$ |
150,664 |
TOTAL Department of Rehabilitation and Correction |
|
$ |
105,036,819 |
TOTAL Adult Correctional Building Fund |
|
$ |
105,036,819 |
Section 239.20. LOCAL JAILS
From the foregoing appropriation item, CAP-002, Local Jails,
the Department of Rehabilitation and Correction shall designate
the projects involving the construction and renovation of county,
multicounty, municipal-county, and multicounty-municipal jail
facilities and workhouses, including correctional centers
authorized under sections 153.61 and 307.93 of the Revised Code,
for which the Ohio Building Authority is authorized to issue
obligations. Notwithstanding any provisions to the contrary
in
Chapter 152. or 153. of the Revised Code, the
Department of
Rehabilitation and Correction may
coordinate, review, and monitor
the drawdown and use of funds for
the renovation or construction
of projects for which designated
funds are provided.
The funding authorized under this section shall not be
applied to any such facilities that are not designated by the
Department of Rehabilitation and Correction. The amount of
funding authorized under this section that may be applied to a
project designated for initial funding after July 1,
2000, involving
the construction or renovation of a county,
multicounty,
municipal-county, and multicounty-municipal jail
facilities and
workhouses, including correctional centers
authorized under
sections 153.61 and 307.93 of the Revised Code,
shall not exceed
$35,000 per bed of the total allowable cost of
the project in the
case of construction of county and
municipal-county jail
facilities, workhouses, and correctional
centers, or multicounty
or multicounty-municipal jail facilities,
workhouses, and
correctional centers and shall not exceed 30 per
cent of the total
allowable cost of the project in the case of
renovation of county,
multicounty, municipal-county, and
multicounty-municipal jail
facilities, workhouses, and
correctional centers. If a political
subdivision is in the
planning phase of constructing a multicounty
or
multicounty-municipal jail facility, workhouse, or correctional
center on or before the effective date of this section, the
Department of Rehabilitation and Correction shall fund that
facility at $42,000 per bed. Multicounty or multicounty-municipal
jail facility construction projects initiated after the effective
date of this section may be considered for, but are not entitled
to be awarded, funding at $42,000 per bed. The higher per bed
award is at the discretion of the Department of Rehabilitation and
Correction and is contingent upon available funds, the impact of
the project, and inclusion of at least three counties in the
project.
The cost-per-bed funding authorized under this section that
may be applied to a construction project shall not exceed the
actual cost-per-bed of the project. The 30 per cent funding
authorized under this section that may be applied to a renovation
project shall not exceed $35,000 per bed of the total allowable
cost of the project.
The funding authorized under this section shall not be
applied to any project involving the construction of a county,
multicounty, municipal-county, or multicounty-municipal jail
facility or workhouse, including a correctional center established
under sections 153.61 and 307.93 of the Revised Code, unless the
facility, workhouse, or correctional center will be built in
compliance with "The Minimum Standards for Jails in Ohio" and the
plans have been approved under section 5120.10 of the
Revised
Code. In addition, the funding authorized under this
section
shall not be applied to any project involving the
renovation of a
county, multicounty, municipal-county, or
multicounty-municipal
jail facility or workhouse, including a
correctional center
established under sections 153.61 and 307.93
of the Revised
Code,
unless the renovation is for the purpose of
bringing the
facility,
workhouse, or correctional center into
compliance with
"The
Minimum Standards for Jails in Ohio" and the
plans have been
approved under section 5120.10 of the
Revised Code.
Section 239.30. COMMUNITY-BASED CORRECTIONAL FACILITIES
The Department of Rehabilitation and Correction may designate
to the Ohio Building Authority the sites
of, and, notwithstanding
any provisions to the contrary in Chapter 152. or 153. of the
Revised Code, may review the
renovation or construction of the
single county and district
community-based correctional facilities
funded by the foregoing
appropriation item CAP-003,
Community-Based Correctional
Facilities.
Section 239.40. COMMUNITY RESIDENTIAL PROGRAM RENOVATIONS
The foregoing appropriation item CAP-041, Community
Residential Program, may be used by the Department of
Rehabilitation and Correction, under sections
5120.103, 5120.104,
and 5120.105 of the Revised Code, to provide
for the construction
or renovation of halfway house facilities for
offenders eligible
for community supervision by the Department of
Rehabilitation and
Correction.
Section 241.10. All items set forth in this section are hereby
appropriated out of any moneys in the state treasury to the
credit
of the Juvenile Correctional Building Fund (Fund 028) that are not otherwise appropriated:
DYS DEPARTMENT OF YOUTH SERVICES
CAP-801 |
|
Fire Suppression/Safety/Security |
|
$ |
2,400,980 |
CAP-803 |
|
General Institutional Renovations |
|
$ |
5,638,025 |
CAP-812 |
|
Community Rehabilitation Centers |
|
$ |
151,991 |
CAP-821 |
|
Construct Maximum Security Facility |
|
$ |
134,795 |
CAP-823 |
|
Cuyahoga Boys School Renovation and Expansion |
|
$ |
42,198 |
CAP-828 |
|
Multi-Agency Radio System Equipment |
|
$ |
61,539 |
CAP-829 |
|
Local Juvenile Detention Centers |
|
$ |
692,623 |
CAP-831 |
|
Gym Expansion - Cuyahoga Hills Boys School |
|
$ |
145,546 |
CAP-833 |
|
Security Renovations - Indian River |
|
$ |
5,340 |
CAP-834 |
|
Health and Safety Unit - Riverview |
|
$ |
196,092 |
CAP-837 |
|
Sanitary Safety/Renovations Indian River |
|
$ |
1,400,756 |
CAP-838 |
|
EDU and Programming Expansion - ORV |
|
$ |
1,400,000 |
Total Department of Youth Services |
|
$ |
12,269,885 |
TOTAL Juvenile Correctional Building Fund |
|
$ |
12,269,885 |
Section 241.20. COMMUNITY REHABILITATION CENTERS
From the foregoing appropriation item CAP-812, Community
Rehabilitation Centers, the Department of Youth Services shall
designate the projects involving the construction and renovation
of single county and multicounty community corrections
facilities
for which the Ohio Building Authority is authorized to
issue
obligations.
The Department of Youth Services is authorized to review
and
approve the renovation and construction of projects for which
funds are provided. The proceeds of any obligations authorized
under this section shall not be applied to any such facilities
that are not designated and approved by the Department of Youth
Services.
The Department of Youth Services shall adopt guidelines to
accept and review applications and designate projects. The
guidelines shall require the county or counties to justify the
need for the facility and to comply with timelines for the
submission of documentation pertaining to the site, program, and
construction.
For purposes of this section,
"community corrections
facilities" has the same meaning as in section
5139.36 of the
Revised Code.
Section 241.30. LOCAL JUVENILE DETENTION CENTERS
From the foregoing appropriation item CAP-829, Local Juvenile
Detention
Centers, the Department of Youth Services shall
designate the projects
involving the construction and renovation
of county and multicounty juvenile
detention centers for which
the
Ohio Building Authority is authorized to issue
obligations.
The Department of Youth Services is authorized to review and
approve the
renovation and construction of projects for which
funds are provided. The
proceeds of any obligations authorized
under this section shall not be applied
to any such facilities
that are not designated by the Department of Youth
Services.
The Department of Youth Services shall comply with the
guidelines set forth
in this section, accept and review
applications,
designate projects, and determine the amount of
state match
funding to be applied to each project. The department
shall, with
the
advice
of the county or counties participating in
a project,
determine the funded
design capacity of the detention
centers that
are designated to receive
funding. Notwithstanding
any provisions
to the contrary contained in Chapter
152. or 153.
of the Revised
Code, the Department of Youth Services may
coordinate, review, and monitor the drawdown and use of funds
for
the renovation and construction of projects for which designated
funds are
provided.
(A) The Department of Youth Services shall develop a
weighted numerical
formula to determine the amount, if any, of
state match that may be provided
to a single or multicounty
detention center project. The formula shall
include the factors
specified below in division (A)(1) of this section and
may include
the factors specified below in division (A)(2) of this section.
The weight assigned to the factors specified in division (A)(1) of
this
section shall be not less than twice the weight assigned to
factors specified
in division (A)(2) of this section.
(1)(a) The number of detention center beds needed in the
county or
group of
counties, as estimated by the Department of
Youth Services, is significantly
more than the number of beds
currently available;
(b) Any existing detention center in the county or group
of
counties does not meet health, safety, or security standards for
detention
centers as established
by the Department of Youth
Services;
(c) The Department of Youth Services projects that the
county or group of
counties have a need for a sufficient number of
detention beds to make the
project economically viable.
(2)(a) The percentage of children in the county or group
of
counties living below the poverty level is above the state
average;
(b) The per capita income in the county or group of
counties
is below the state average.
(B) The formula developed by the Department of Youth
Services shall
yield a percentage of state match ranging from 0 to
60 per cent based
on the above factors.
Notwithstanding the
foregoing provisions, if a single
county or
multicounty system
currently has no detention center beds, or if
the projected need
for detention center beds as estimated by the
Department of
Youth
Services is greater than 120 per cent of
current detention center
bed
capacity, then the percentage of
state match shall be 60
per
cent. To determine the dollar amount
of the state match for new
construction projects, the percentage
of state match is multiplied
by
$125,000 per bed for
detention centers with a designated
capacity of 99 beds
or less,
and by $130,000 per bed for detention
centers with a design
capacity
of 100 beds or more. To determine
the dollar amount of
the state match for
renovation projects the
percentage match shall
be multiplied by the actual
cost of the
renovation, provided that
the cost of the renovation does not
exceed $100,000 per bed. The
funding authorized under this section
that may be
applied to a
construction or renovation project shall
not exceed the actual
cost of the project.
The funding authorized under this section shall not be
applied to any project
unless the detention center will be built
in compliance with health, safety,
and security standards for
detention centers as established by the Department
of Youth
Services. In addition, the funding authorized under this section
shall not be applied to the renovation of a detention center
unless the
renovation is for the purpose of increasing the number
of beds in the center,
or to meet health, safety, or security
standards for detention centers as
established by the Department
of Youth Services.
Section 243.10. All items set forth in this section are hereby
appropriated out of any moneys in the state treasury to the credit
of the Cultural and Sports Facilities Building Fund (Fund 030) that are not otherwise appropriated:
AFC CULTURAL FACILITIES COMMISSION
CAP-003 |
|
Center of Science and Industry - Toledo |
|
$ |
7,542 |
CAP-033 |
|
Woodward Opera House Renovation |
|
$ |
1,150,000 |
CAP-038 |
|
Center Exhibit Replacement |
|
$ |
816,000 |
CAP-042 |
|
Statewide Site Exhibit/Renovation & Construction |
|
$ |
123,000 |
CAP-043 |
|
Statewide Site Repairs |
|
$ |
200,100 |
CAP-046 |
|
Cincinnati Museum Center Improvements |
|
$ |
250,000 |
CAP-053 |
|
Powers Auditorium Improvements |
|
$ |
250,000 |
CAP-055 |
|
Waco Museum
& Aviation Learning Center |
|
$ |
500,000 |
CAP-058 |
|
Cedar Bog Nature Preserve Education Center |
|
$ |
766,200 |
CAP-064 |
|
Bramley Historic House |
|
$ |
75,000 |
CAP-065 |
|
Beck Center for the Cultural Arts |
|
$ |
100,000 |
CAP-066 |
|
Delaware County Cultural Arts Center |
|
$ |
40,000 |
CAP-071 |
|
Cleveland Institute of Music |
|
$ |
1,500,000 |
CAP-072 |
|
West Side Arts Consortium |
|
$ |
138,000 |
CAP-073 |
|
Ice Arena Development |
|
$ |
5,500,000 |
CAP-074 |
|
Stan Hywet Hall & Gardens |
|
$ |
1,000,000 |
CAP-075 |
|
McKinley Museum Improvements |
|
$ |
125,000 |
CAP-076 |
|
Spring Hill Historic Home |
|
$ |
125,000 |
CAP-079 |
|
Lorain Palace Civic Theatre |
|
$ |
200,000 |
CAP-080 |
|
Great Lakes Historical Society |
|
$ |
150,000 |
CAP-745 |
|
Historic Sites and Museums |
|
$ |
604,453 |
CAP-753 |
|
Buffington Island State Memorial |
|
$ |
73,500 |
CAP-769 |
|
Rankin House State Memorial |
|
$ |
192,000 |
CAP-781 |
|
Historical Center Archives/Library |
|
$ |
624,000 |
CAP-784 |
|
Ohio Historical Center Rehabilitation |
|
$ |
1,523,737 |
CAP-789 |
|
Neil Armstrong Air and Space Museum Improvements |
|
$ |
103,516 |
CAP-809 |
|
Cincinnati Ballet Facility Improvements |
|
$ |
450,000 |
CAP-814 |
|
Crawford Museum of Transportation
& Industry |
|
$ |
2,500,000 |
CAP-820 |
|
Historical Center Ohio Village Buildings |
|
$ |
502,000 |
CAP-821 |
|
Lorain County Historical Society |
|
$ |
300,000 |
CAP-822 |
|
Armory Youth Center |
|
$ |
40,000 |
CAP-823 |
|
Marion Palace Theatre |
|
$ |
1,575,000 |
CAP-824 |
|
McConnellsville Opera House |
|
$ |
75,000 |
CAP-825 |
|
Secrest Auditorium |
|
$ |
75,000 |
CAP-826 |
|
Renaissance Theatre |
|
$ |
700,000 |
CAP-827 |
|
Trumpet in the Land |
|
$ |
100,000 |
CAP-829 |
|
Mid-Ohio Valley Players |
|
$ |
80,000 |
CAP-830 |
|
The Anchorage |
|
$ |
50,000 |
CAP-834 |
|
Galion Historic Big Four Depot Restoration |
|
$ |
170,000 |
CAP-835 |
|
Jamestown Opera House |
|
$ |
125,000 |
CAP-837 |
|
Lake County Historical Society |
|
$ |
250,000 |
CAP-839 |
|
Hancock Historical Society |
|
$ |
75,000 |
CAP-840 |
|
Riversouth Development |
|
$ |
1,000,000 |
CAP-841 |
|
Ft. Piqua Hotel |
|
$ |
200,000 |
CAP-843 |
|
Marina District Amphitheatre and Related Development |
|
$ |
2,000,000 |
CAP-844 |
|
Chas. A. Eulett Education Center/Appalachian Museum |
|
$ |
1,850,000 |
CAP-845 |
|
Lima Historic Athletic Field |
|
$ |
100,000 |
CAP-846 |
|
Butler Palace Theatre |
|
$ |
200,000 |
CAP-847 |
|
Voice Of America Museum |
|
$ |
275,000 |
CAP-848 |
|
Oxford Arts Center ADA Project |
|
$ |
72,000 |
CAP-849 |
|
Clark County Community Arts Expansion Project |
|
$ |
500,000 |
CAP-850 |
|
Westcott House Historic Site |
|
$ |
75,000 |
CAP-851 |
|
Gen. Lytle Homestead-Harmony Hill |
|
$ |
50,000 |
CAP-852 |
|
Miami Township Community Amphitheatre |
|
$ |
50,000 |
CAP-853 |
|
Western Reserve Historical Society |
|
$ |
1,000,000 |
CAP-854 |
|
Steamship Mather Museum |
|
$ |
100,000 |
CAP-855 |
|
Rock and Roll Hall of Fame |
|
$ |
250,000 |
CAP-858 |
|
Strongsville Historic Building |
|
$ |
100,000 |
CAP-859 |
|
Arts Castle |
|
$ |
100,000 |
CAP-860 |
|
Great Lakes Historical Society |
|
$ |
325,000 |
CAP-861 |
|
Ohio
Glass Museum |
|
$ |
250,000 |
CAP-863 |
|
Ariel Theatre |
|
$ |
100,000 |
CAP-864 |
|
Bellbrook/Sugarcreek Historical Society |
|
$ |
10,000 |
CAP-867 |
|
Ensemble Theatre |
|
$ |
450,000 |
CAP-868 |
|
Taft Museum |
|
$ |
500,000 |
CAP-869 |
|
Art Academy of Cincinnati |
|
$ |
100,000 |
CAP-870 |
|
Riverbend Pavilion Improvements |
|
$ |
250,000 |
CAP-871 |
|
Cincinnati Art and Technical Academy - Longworth Hall |
|
$ |
100,000 |
CAP-872 |
|
Music Hall: Over-The-Rhine |
|
$ |
750,000 |
CAP-873 |
|
John Bloomfield Home Restoration |
|
$ |
115,000 |
CAP-874 |
|
Malinta Historical Society Caboose Exhibit |
|
$ |
6,000 |
CAP-875 |
|
Hocking County Historic Society - Schempp House |
|
$ |
10,000 |
CAP-876 |
|
Art Deco Markay Theatre |
|
$ |
200,000 |
CAP-877 |
|
Harvey Wells House |
|
$ |
100,000 |
CAP-879 |
|
Broad Street Historical Renovation |
|
$ |
300,000 |
CAP-880 |
|
Amherst Historical Society |
|
$ |
35,000 |
CAP-881 |
|
COSI - Toledo |
|
$ |
1,580,000 |
CAP-882 |
|
Ohio Theatre - Toledo |
|
$ |
100,000 |
CAP-883 |
|
Chester Academy Historic Site Renovation |
|
$ |
25,000 |
CAP-884 |
|
Bradford Ohio Railroad Museum |
|
$ |
100,000 |
CAP-885 |
|
Montgomery County Historical Society Archives |
|
$ |
100,000 |
CAP-886 |
|
Nelson T. Gant Historic Homestead |
|
$ |
25,000 |
CAP-887 |
|
Aurora Outdoor Sports Complex |
|
$ |
50,000 |
CAP-888 |
|
Preble County Historical Society |
|
$ |
100,000 |
CAP-889 |
|
Tecumseh Sugarloaf Mountain Amphitheatre |
|
$ |
120,000 |
CAP-890 |
|
Pro Football Hall of Fame |
|
$ |
400,000 |
CAP-891 |
|
Maps Air Museum |
|
$ |
15,000 |
CAP-892 |
|
Foundation Community Theatre |
|
$ |
50,000 |
CAP-893 |
|
William McKinley Library Restoration |
|
$ |
250,000 |
CAP-896 |
|
Richard Howe House |
|
$ |
100,000 |
CAP-897 |
|
Ward-Thomas Museum |
|
$ |
30,000 |
CAP-898 |
|
Packard Music Hall Renovation Project |
|
$ |
1,075,000 |
CAP-899 |
|
Holland Theatre |
|
$ |
100,000 |
CAP-900 |
|
Van Wert Historical Society |
|
$ |
32,000 |
CAP-901 |
|
Warren County Historical Society |
|
$ |
225,000 |
CAP-902 |
|
Marietta Colony Theatre |
|
$ |
335,000 |
CAP-903 |
|
West Salem Village Opera House |
|
$ |
92,000 |
CAP-904 |
|
Beavercreek Community Theater |
|
$ |
100,000 |
CAP-905 |
|
Smith Orr Homestead |
|
$ |
100,000 |
Total Cultural Facilities Commission |
|
$ |
39,831,048 |
TOTAL Cultural and Sports Facilities Building Fund |
|
$ |
39,831,048 |
The amount reappropriated for the foregoing appropriation item CAP-073, Ice Arena Development, is the unencumbered and unalloted balance, as of June 30, 2006, in appropriation item CAP-073, Ice Arena Development, which prior to July 1, 2006, was named "Marina District/Ice Arena Development," plus $2,000,000.
Notwithstanding any provision of law to the contrary, on July 1, 2006, or as soon thereafter as possible, the Director of Budget and Management shall transfer $2,000,000 from CAP-843, Marina District Amphitheatre and Related Development, which prior to July 1, 2006, was named "Marina District/Ice Arena Development," to CAP-073, Ice Arena Development.
The foregoing appropriation item CAP-073, Ice Arena Development, shall by used by the City of Toledo for the development of an ice arena in the City of Toledo.
MARINA DISTRICT AMPHITHEATRE AND RELATED DEVELOPMENT
The amount reappropriated for the foregoing appropriation item CAP-843, Marina District Amphitheatre and Related Development, is the unencumbered and unalloted balance, as of June 30, 2006, in appropriation item CAP-843, Marina District Amphitheatre and Related Development, which prior to July 1, 2006, was named "Marina District/Ice Arena Development," minus $2,000,000.
The foregoing appropriation item CAP-843, Marina District Amphitheatre and Related Development, shall be used by the City of Toledo for the development of an amphitheatre and related developments in the Marina District of Toledo.
PACKARD MUSIC HALL RENOVATIONS PROJECT
The amount reappropriated for the foregoing appropriation item CAP-898, Packard Music Hall Renovation Project, is the unencumbered and unalloted balance, as of June 30, 2006, in appropriation item CAP-898, Packard Music Hall Renovation Project, plus $975,000 of the unencumbered and unalloted balance, as of June 30, 2006, in appropriation item CAP-063, Robins Theatre Renovations.
Section 245.10. All items set forth in this section are hereby
appropriated out of any moneys in the state treasury to the
credit
of the Ohio Parks and Natural Resources Fund (Fund 031) that are not otherwise appropriated:
DNR DEPARTMENT OF NATURAL RESOURCESSTATEWIDE AND LOCAL PROJECTS
CAP-012 |
|
Land Acquisition |
|
$ |
1,708,039 |
CAP-024 |
|
Statewide Boundary and Miscellaneous Surveying |
|
$ |
43,895 |
CAP-702 |
|
Upgrade Underground Fuel Storage Tanks |
|
$ |
520,050 |
CAP-703 |
|
Cap Abandoned Water Wells |
|
$ |
69,123 |
CAP-748 |
|
Local Parks Projects - Statewide |
|
$ |
2,091,973 |
CAP-750 |
|
Quilter CCC Camp |
|
$ |
46,400 |
CAP-751 |
|
City of Portsmouth Launch Ramp |
|
$ |
1,800 |
CAP-753 |
|
Project Planning |
|
$ |
1,791,151 |
CAP-766 |
|
South Fork Licking Watershed Study |
|
$ |
2,469 |
CAP-768 |
|
Grand River Wildlife Area |
|
$ |
2,700 |
CAP-817 |
|
Riffe CCC Camp |
|
$ |
1,709 |
CAP-834 |
|
Appraisal Fees - Statewide |
|
$ |
79,615 |
CAP-835 |
|
Civilian Conservation Facilities |
|
$ |
346,280 |
CAP-844 |
|
Put-In-Bay Township Port Authority |
|
$ |
79,784 |
CAP-868 |
|
New Philadelphia Office Relocation |
|
$ |
1,500,000 |
CAP-874 |
|
Lake Erie Access |
|
$ |
5,070 |
CAP-876 |
|
Statewide Trails Program |
|
$ |
963 |
CAP-881 |
|
Dam Rehabilitation |
|
$ |
18,554,846 |
CAP-928 |
|
Handicapped Accessibility |
|
$ |
77,950 |
CAP-929 |
|
Hazardous Waste/Asbestos Abatement |
|
$ |
57,361 |
CAP-931 |
|
Wastewater/Water Systems Upgrades |
|
$ |
5,406,599 |
CAP-934 |
|
Operations Facilities Development |
|
$ |
354,291 |
CAP-995 |
|
Boundary Protection |
|
$ |
32,426 |
CAP-999 |
|
Geographic Information Management System |
|
$ |
62,650 |
Total Statewide and Local Projects |
|
$ |
32,837,144 |
DIVISION OF FORESTRY
CAP-021 |
|
Mohican State Forest |
|
$ |
1,200 |
CAP-030 |
|
Shawnee State Forest |
|
$ |
1,300 |
CAP-071 |
|
Statewide Forestry Facility Improvements |
|
$ |
277,620 |
CAP-073 |
|
Brush Creek State Forest |
|
$ |
5,850 |
CAP-129 |
|
Zanesville Nursery |
|
$ |
9,500 |
CAP-841 |
|
Operations and Maintenance Facility Development and
Renovation |
|
$ |
450,548 |
Total Division of Forestry |
|
$ |
746,018 |
DIVISION OF NATURAL AREAS AND PRESERVES
CAP-006 |
|
Little Beaver Creek Nature Preserve |
|
$ |
1,500 |
CAP-826 |
|
Natural Areas and Preserves Maintenance/Facility Development |
|
$ |
482,556 |
CAP-831 |
|
Lake Katherine |
|
$ |
17,299 |
CAP-980 |
|
Old Woman Creek |
|
$ |
2,969 |
Total Division of Natural Areas |
|
$ |
504,324 |
DIVISION OF PARKS AND RECREATION
CAP-003 |
|
Barkcamp State Park |
|
$ |
3,025 |
CAP-004 |
|
Burr Oak State Park |
|
$ |
7,400 |
CAP-005 |
|
Cowan Lake State Park |
|
$ |
9,337 |
CAP-010 |
|
East Harbor State Park |
|
$ |
38,129 |
CAP-016 |
|
Hueston Woods State Park |
|
$ |
7,300 |
CAP-017 |
|
Indian Lake State Park |
|
$ |
2,569 |
CAP-019 |
|
Lake Hope State Park |
|
$ |
22,695 |
CAP-022 |
|
Muskingum River Lock #2 |
|
$ |
20,000 |
CAP-025 |
|
Punderson Lake State Park |
|
$ |
5,997 |
CAP-027 |
|
Rocky Fork State Park |
|
$ |
28,212 |
CAP-029 |
|
Salt Fork State Park |
|
$ |
1,017 |
CAP-032 |
|
West Branch State Park |
|
$ |
3,243 |
CAP-051 |
|
Buck Creek State Park |
|
$ |
25,500 |
CAP-060 |
|
East Fork State Park |
|
$ |
51,942 |
CAP-064 |
|
Geneva State Park |
|
$ |
5,838 |
CAP-068 |
|
Kennedy Stone House |
|
$ |
15,000 |
CAP-069 |
|
Hocking Hills State Park |
|
$ |
11,725 |
CAP-081 |
|
Jackson Lake State Park |
|
$ |
19,416 |
CAP-083 |
|
John Bryan State Park Shelter Construction |
|
$ |
30,000 |
CAP-084 |
|
Findley State Park General Improvements |
|
$ |
12,500 |
CAP-089 |
|
Mosquito Lake State Park |
|
$ |
28,000 |
CAP-093 |
|
Portage Lakes State Park |
|
$ |
129,944 |
CAP-114 |
|
Beaver Creek State Park |
|
$ |
12,000 |
CAP-222 |
|
Wolf Run State Park |
|
$ |
21,787 |
CAP-234 |
|
State Parks, Campgrounds, Lodges, and Cabins |
|
$ |
1,666,051 |
CAP-305 |
|
Maumee Bay State Park |
|
$ |
900 |
CAP-331 |
|
Park Boating Facilities |
|
$ |
5,226,013 |
CAP-390 |
|
State Park Maintenance/Facility Development |
|
$ |
1,484,882 |
CAP-716 |
|
Muskingum River Parkway Locks |
|
$ |
7,116 |
CAP-815 |
|
Mary Jane Thurston State Park |
|
$ |
2,200 |
CAP-825 |
|
Marblehead Lighthouse State Park |
|
$ |
564 |
CAP-829 |
|
Sycamore State Park |
|
$ |
500 |
CAP-836 |
|
State Park Renovations/Upgrading |
|
$ |
709,026 |
CAP-851 |
|
Cleveland Lakefront |
|
$ |
146,371 |
CAP-916 |
|
Lake Milton State Park |
|
$ |
5,882 |
CAP-949 |
|
Muskingum Lock #3 |
|
$ |
3,700 |
CAP-954 |
|
Muskingum Lock #4 |
|
$ |
93,942 |
Total Division of Parks and Recreation |
|
$ |
9,859,723 |
DIVISION OF SOIL AND WATER CONSERVATION
CAP-086 |
|
Scippo Creek Conservation |
|
$ |
75,000 |
Total Division of Soil and Water Conservation |
|
$ |
75,000 |
DIVISION OF WATER
CAP-705 |
|
Rehabilitate Canals, Hydraulic Works, and Support Facilities |
|
$ |
2,867,787 |
CAP-730 |
|
Miami and Erie Canal |
|
$ |
700 |
CAP-819 |
|
Rehabilitate/Automate - Ohio Ground Water Observation Well
Network |
|
$ |
68,383 |
CAP-820 |
|
Automated Stream, Lake, and Ground Water Data Collection |
|
$ |
509,396 |
CAP-828 |
|
Ohio and Erie Canal Rehabilitation |
|
$ |
205,572 |
CAP-848 |
|
Hazardous Dam Repair - Statewide |
|
$ |
220,000 |
Total Division of Water |
|
$ |
3,871,838 |
TOTAL Department of Natural Resources |
|
$ |
47,894,047 |
TOTAL OHIO PARKS AND NATURAL RESOURCES FUND |
|
$ |
47,894,047 |
Section 245.20. MOSQUITO LAKE STATE PARK
The amount reappropriated for the foregoing appropriation item CAP-089, Mosquito Lake State Park, is the unencumbered and unalloted balance, as of June 30, 2006, in appropriation item CAP-089, Mosquito Lake State Park, plus $25,000 of the unencumbered and unalloted balance, as of June 30, 2006, in appropriation item CAP-063, Robins Theatre Renovations, in the Cultural and Sports Facilities Building Fund (Fund 030).
Of the foregoing appropriation item CAP-089, Mosquito Lake State Park, up to $25,000 shall be used to conduct a state park lodge feasibility study.
LOCAL PARKS PROJECTS - STATEWIDE
The amount reappropriated for the foregoing appropriation
item CAP-748, Local
Parks Projects - Statewide, is
$1,573,564
plus the unencumbered and
unallotted balance as of June
30, 2006,
in item CAP-748, Local Parks Projects
- Statewide, plus the unencumbered and unallotted balance as of June 30, 2006, in item CAP-862, Goll Wood Homestead in the Cultural and Sports Facilities Building Fund (Fund 030). The
$1,573,564
represents amounts that were previously
appropriated,
allocated to
counties pursuant to division (D) of section
1557.06
of the
Revised Code, and encumbered for local project grants. The
encumbrances for these local projects in the various counties
shall be
canceled by the Director of Natural Resources or the
Director of Budget and
Management. The Director of Natural
Resources shall allocate the $1,573,564
to
the same counties the
moneys were originally allocated to, in the amount of
the canceled
encumbrances.
Of the foregoing appropriation item CAP-748, Local Parks Projects - Statewide, $50,000 shall be used for the Goll Wood Homestead.
Of the foregoing appropriation item CAP-881, Dam
Rehabilitation, up to
$970,000 shall be used to rehabilitate the
Muskingum River Locks and Dams.
Section 245.30. For the projects appropriated in Section 245.10
of
this
act, the Ohio
Department of Natural Resources shall
periodically prepare and submit to the
Director of Budget and
Management the estimated design, planning, and
engineering costs
of capital-related work to be done by the Department of
Natural
Resources for each project. Based on the estimates, the Director
of
Budget and Management may release appropriations from the
foregoing
appropriation item CAP-753, Project Planning, within the Ohio Parks and Natural Resources Fund (Fund 031) to pay for
design, planning, and
engineering costs incurred by the Department
of Natural Resources for such
projects. Upon release of the
appropriations by the Director of Budget and
Management, the
Department of Natural Resources shall pay for these expenses
from
Fund 4S9, Capital Expenses, and be reimbursed by the Ohio Parks and Natural Resources Fund (Fund 031) using an
intrastate voucher.
Section 247.10. 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) that are not otherwise appropriated:
SFC SCHOOL FACILITIES COMMISSION
CAP-770 |
|
School Building Program Assistance |
|
$ |
183,784,236 |
CAP-779 |
|
Exceptional Needs |
|
$ |
5,846,594 |
CAP-785 |
|
Vocation Facilities Assistance Program |
|
$ |
574,722 |
Total School Facilities Commission |
|
$ |
190,205,552 |
TOTAL School Building Program Assistance Fund |
|
$ |
190,205,552 |
Section 249.10. All items set forth in Sections 249.20 to 249.40
of
this act
are
hereby
appropriated out of any moneys in the state
treasury to the
credit of the Mental Health Facilities Improvement
Fund (Fund
033) that are not otherwise appropriated:
Section 249.20. ADA DEPARTMENT OF ALCOHOL AND DRUG ADDICTION
SERVICES
CAP-002 |
|
Community Assistance Projects |
|
$ |
3,088,902 |
Total Department of Alcohol and Drug Addiction |
|
|
|
Services |
|
$ |
3,088,902 |
COMMUNITY ASSISTANCE PROJECTS
Of the foregoing appropriation item CAP-002, Community Assistance Projects, $207,624 shall be used to continue renovations for the Oak House Women's Residential Treatment Facility.
Section 249.30. DMH DEPARTMENT OF MENTAL HEALTH
STATEWIDE AND CENTRAL OFFICE PROJECTS
CAP-092 |
|
Hazardous Materials Abatement |
|
$ |
382,281 |
CAP-479 |
|
Community Assistance Projects |
|
$ |
4,726,308 |
CAP-906 |
|
Campus Consolidation - Automation |
|
$ |
2,668,974 |
CAP-943 |
|
Dietary Delivery Systems |
|
$ |
6,534 |
CAP-946 |
|
Demolition |
|
$ |
263,542 |
CAP-976 |
|
Life Safety/Critical Plant Renovations |
|
$ |
69,354 |
CAP-977 |
|
Patient Care/Environment Improvement |
|
$ |
1,605,463 |
CAP-978 |
|
Infrastructure Renovations |
|
$ |
7,444,890 |
CAP-981 |
|
Emergency Improvements |
|
$ |
2,843,566 |
CAP-984 |
|
Patient Environment Improvement Consolidation |
|
$ |
176,853 |
Total Department of Mental Health |
|
$ |
20,187,765 |
Section 249.40. DMR DEPARTMENT OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES
STATEWIDE PROJECTS
CAP-001 |
|
Asbestos Abatement |
|
$ |
1,026,917 |
CAP-480 |
|
Community Assistance Projects |
|
$ |
13,020,936 |
CAP-901 |
|
Razing of Buildings |
|
$ |
80,013 |
CAP-912 |
|
Telecommunications Systems Improvement |
|
$ |
9,454 |
CAP-941 |
|
Emergency Generator Replacement |
|
$ |
140,580 |
CAP-955 |
|
Statewide Developmental Centers |
|
$ |
1,985,066 |
CAP-981 |
|
Emergency Improvements |
|
$ |
231,846 |
Total Statewide and Central Office Projects |
|
$ |
16,494,812 |
STATEWIDE DEVELOPMENTAL CENTERS
The amount reappropriated for the foregoing appropriation item CAP-955, Statewide Developmental Centers, is the unencumbered and unallotted balance as of June 30, 2006, plus the sum of the unencumbered and unallotted balances for appropriation item CAP-791, Jonathan Hall Renovation; CAP-795, Ruby Hall Renovation; and CAP-940, Sewage Treatment Plant Renovation as of June 30, 2006.
COMMUNITY ASSISTANCE PROJECTS
The foregoing appropriation item CAP-480, Community
Assistance Projects, may be used to provide community assistance
funds for the 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 are
subject to
the prevailing wage provisions in section 176.05 of
the
Revised
Code.
The amount reappropriated for the foregoing appropriation
item CAP-480, Community Assistance Projects, is the unencumbered and unallotted balance as of June 30, 2006, in
appropriation item CAP-480, Community Assistance Projects, minus
$250,000.
STATEWIDE DEVELOPMENTAL CENTERS
CAMBRIDGE DEVELOPMENTAL CENTER
CAP-711 |
|
Residential Renovations - CAMDC |
|
$ |
41,981 |
CAP-910 |
|
HVAC Renovations - Residential Buildings |
|
$ |
1,000 |
CAP-913 |
|
Cambridge HVAC Upgrade - Activity Center |
|
$ |
3,538 |
CAP-969 |
|
Utility Upgrade Centerwide |
|
|
5,960 |
Total Cambridge Developmental Center |
|
$ |
52,479 |
COLUMBUS DEVELOPMENTAL CENTER
CAP-852 |
|
Fire Alarm System Improvements |
|
$ |
5,500 |
CAP-958 |
|
Columbus Developmental Center |
|
$ |
11,794 |
Total Columbus Developmental Center |
|
$ |
17,294 |
GALLIPOLIS DEVELOPMENTAL CENTER
CAP-723 |
|
HVAC Replacements |
|
$ |
12,615 |
CAP-959 |
|
Gallipolis Developmental Center |
|
$ |
35,244 |
Total Gallipolis Developmental Center |
|
$ |
47,859 |
MONTGOMERY DEVELOPMENTAL CENTER
CAP-960 |
|
Montgomery Developmental Center |
|
$ |
2,159 |
Total Montgomery Developmental Center |
|
$ |
2,159 |
MOUNT VERNON DEVELOPMENTAL CENTER
CAP-080 |
|
Renovate Main Kitchen - Rian Hall |
|
$ |
19,210 |
CAP-962 |
|
Mount Vernon Developmental Center |
|
$ |
481,912 |
Total Mount Vernon Developmental Center |
|
$ |
501,122 |
NORTHWEST OHIO DEVELOPMENTAL CENTER
CAP-947 |
|
Replace Chiller |
|
$ |
8,535 |
CAP-963 |
|
Northwest Ohio Developmental Center |
|
$ |
79,096 |
Total Northwest Ohio Developmental Center |
|
$ |
87,631 |
SOUTHWEST OHIO DEVELOPMENTAL CENTER
CAP-863 |
|
Residential Renovation - HVAC Upgrade |
|
$ |
139,189 |
CAP-964 |
|
Southwest Ohio Developmental Center |
|
$ |
78,983 |
CAP-976 |
|
Renovation Program and Support Services Building |
|
$ |
3,900 |
Total Southwest Ohio Developmental Center |
|
$ |
222,072 |
TIFFIN DEVELOPMENTAL CENTER
CAP-931 |
|
Roof and Exterior Renovations |
|
$ |
19,666 |
CAP-966 |
|
Tiffin Developmental Center |
|
$ |
27,175 |
Total Tiffin Developmental Center |
|
$ |
46,841 |
WARRENSVILLE DEVELOPMENTAL CENTER
CAP-867 |
|
Residential Renovations - WDC |
|
$ |
5,057 |
CAP-900 |
|
Water Line Replacement - WDC |
|
$ |
16,267 |
CAP-936 |
|
HVAC Renovations |
|
$ |
4,873 |
CAP-950 |
|
ADA Compliance - WDC |
|
$ |
3,628 |
CAP-967 |
|
Warrensville Developmental Center |
|
$ |
48,032 |
Total Warrensville Developmental Center |
|
$ |
77,857 |
YOUNGSTOWN DEVELOPMENTAL CENTER
CAP-968 |
|
Youngstown Developmental Center |
|
$ |
69,681 |
Total Youngstown Developmental Center |
|
$ |
69,681 |
TOTAL Department of Mental Retardation |
|
|
|
and Developmental Disabilities |
|
$ |
17,619,807 |
TOTAL Mental Health Facilities Improvement Fund |
|
$ |
40,896,474 |
Section 249.50. The foregoing appropriations
for
the Department of
Alcohol and Drug Addiction Services,
CAP-002,
Community Assistance Projects;
Department of Mental
Health,
CAP-479, Community Assistance Projects; and
Department of
Mental
Retardation and Developmental Disabilities, CAP-480, Community
Assistance
Projects, may
be used on facilities constructed or to
be
constructed pursuant to Chapter
340., 3793., 5119., 5123., or
5126. of the Revised Code or the authority
granted by
section
154.20 of the Revised Code and the rules adopted pursuant to those
chapters and that section
and shall be distributed by the
Department
of Alcohol and Drug Addiction Services, the Department
of Mental Health, and
the Department of Mental Retardation and
Developmental Disabilities, subject
to Controlling Board approval.
Section 249.60. (A) No capital improvement appropriations
made
in
Sections 249.20 to 249.40 of this act shall be released for
planning
or for
improvement, renovation, or
construction or
acquisition of
capital facilities if a governmental agency, as
defined in section
154.01 of the Revised Code, does not own the
real property
that
constitutes the capital facilities or on which
the capital
facilities
are or will be located. This restriction
does not
apply in any of the
following circumstances:
(1) The governmental agency has a long-term (at least
fifteen years) lease
of, or other interest (such as an easement)
in, the real property.
(2) In the case of an appropriation for capital facilities
that, because of their unique
nature or location, will be
owned
or
be part of facilities owned
by a separate nonprofit
organization
and
made available to the
governmental agency for its
use, the
nonprofit organization either owns or
has
a long-term (at least
fifteen years)
lease of the real
property or
other capital
facility to be improved,
renovated,
constructed, or
acquired and
has entered into a joint or
cooperative use
agreement, approved by
the Department of Mental
Health,
Department
of Mental
Retardation
and Developmental
Disabilities, or
Department of Alcohol and Drug
Addiction
Services, whichever is
applicable, with the governmental
agency
for that
agency's use of
and right to use the capital
facilities
to be financed and, if
applicable, improved, the value
of such use
or right to use being,
as
determined by the parties,
reasonably
related to the amount of
the
appropriation.
(B) In the case of capital facilities referred to in
division (A)(2) of this
section, the joint or cooperative use
agreement shall include, as a minimum,
provisions that:
(1) Specify the extent and nature of that joint or
cooperative use, extending
for no fewer than fifteen years, with
the value of such use or right to use to
be, as determined by the
parties and approved by the applicable department,
reasonably
related to the amount of the appropriation;
(2) Provide for pro rata reimbursement to the state should
the arrangement
for joint or cooperative use by a governmental
agency be terminated;
(3) Provide that procedures to be followed during the
capital improvement
process will comply with appropriate
applicable state statutes and rules,
including provisions of this
act.
Section 251.10. All items set forth in Sections 251.20 to 256.80
of
this act
are hereby appropriated out of any moneys in the
state
treasury to
the credit
of the Higher Education Improvement
Fund
(Fund 034) that are not otherwise appropriated:
Section 251.20. ETC ETECH OHIO
CAP-001 |
|
Educational Television and Radio Equipment |
|
$ |
1,889,477 |
CAP-002 |
|
Educational Broadcasting Fiber Optic Network |
|
$ |
51,748 |
Total eTech Ohio |
|
$ |
1,941,225 |
EDUCATIONAL TELEVISION AND RADIO EQUIPMENT
The foregoing appropriation item CAP-001, Educational
Television and Radio
Equipment, shall be used to provide
broadcasting, transmission, and production
equipment to Ohio
public radio and television stations, radio reading
services, and the eTech Ohio Commission.
EDUCATIONAL BROADCASTING FIBER OPTIC NETWORK
The foregoing appropriation item CAP-002, Educational
Broadcasting
Fiber Optic Network, shall be used to link the Ohio
public radio and
television stations,
radio reading services, and the
Educational Telecommunications Network for the
reception and
transmission of digital communications through fiber optic cable
or other technology.
Section 251.30. BOR BOARD OF REGENTS
CAP-029 |
|
Ohio Library And Information Network |
|
$ |
3,500,000 |
CAP-030 |
|
Supercomputer Center Expansion |
|
$ |
228,599 |
CAP-032 |
|
Research Facility Investment Loans/Grants |
|
$ |
2,401,427 |
CAP-061 |
|
Central State Rehabilitation |
|
$ |
207,012 |
CAP-068 |
|
Third Frontier Project |
|
$ |
50,000,001 |
CAP-071 |
|
Center for Transitional and Applied Genomics |
|
$ |
500,000 |
CAP-072 |
|
Cleveland Clinic Heart Center Infrastructure |
|
$ |
5,000,000 |
CAP-073 |
|
Technology Incubator for Market-Ready Applications |
|
$ |
2,000,000 |
CAP-077 |
|
Center For Structural Biology |
|
$ |
1,000,000 |
CAP-078 |
|
One Cleveland Broadband Network |
|
$ |
500,000 |
CAP-079 |
|
Central Ohio Technology Corridor - Dublin |
|
$ |
500,000 |
CAP-080 |
|
OSU Supercomputer Center Aerospace |
|
$ |
50,000 |
CAP-081 |
|
Youngstown Market Ready Incubator |
|
$ |
750,000 |
Total Board of Regents |
|
$ |
66,637,039 |
Section 251.40. RESEARCH FACILITY ACTION AND INVESTMENT
FUNDS
The foregoing appropriation item CAP-032, Research Facility Investment Loans/Grants, shall be used for a program of grants
to be administered by the Board of Regents to provide timely
availability of
capital facilities for research programs and
research-oriented instructional
programs at or involving
state-supported and state-assisted institutions of
higher
education.
The Board of Regents shall adopt rules under Chapter 119. of
the Revised Code relative to the application for and approval of
projects
funded from appropriation item CAP-032, Research Facility
Investment Loans/Grants.
The rules shall be reviewed and
approved by the Legislative
Committee on Education Oversight. The
Board of Regents shall inform the
President of the Senate and the
Speaker of the House of Representatives of each project
application for
funding received. Each project receiving a
commitment for funding by the
Board of Regents under the rules
shall be reported to the President of the
Senate and the Speaker
of the House of Representatives.
Section 251.50. REPAYMENT OF RESEARCH FACILITY INVESTMENT LOANS/GRANTS
MONEYS
Notwithstanding any provision of law to the contrary, all
repayments of
Research Facility Investment Loans/Grants loans
shall be made to the Bond
Service
Account in the Higher Education
Bond Service Trust Fund.
Institutions of higher education shall make timely repayments
of Research
Facility Investment Loans/Grants 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.
Section 251.60. THIRD FRONTIER PROJECT
The foregoing appropriation item CAP-068, Third Frontier Project, shall be used to acquire, renovate, or construct facilities and purchase equipment for research programs, technology development, product development, and commercialization programs at or involving state-supported and state-assisted institutions of higher education. The funds shall be used to make grants awarded on a competitive basis, and shall be administered by the Third Frontier Commission. Expenditure of these funds shall comply with Section 2n of Article VIII, Ohio Constitution, and sections 151.01 and 151.04 of the Revised Code for the period beginning July 1, 2006, and ending June 30, 2008.
The Third Frontier Commission shall develop guidelines relative to the application for and selection of projects funded from appropriation item CAP-068, Third Frontier Project. The commission may develop these guidelines in consultation with other interested parties. The Board of Regents and all state-assisted and state-supported institutions of higher education shall take all actions necessary to implement grants awarded by the Third Frontier Commission.
The foregoing appropriation item CAP-068, Third Frontier Project, for which an appropriation is made from the Higher Education Improvement Fund (Fund 034), is determined to consist of capital improvements and capital facilities for state-supported and state-assisted institutions of higher education, and is designated for the capital facilities to which proceeds of obligations in the Higher Education Improvement Fund (Fund 034) are to be applied.
Section 251.80. REIMBURSEMENT FOR PROJECT COSTS
Appropriations made in Sections 251.30 to 256.80 of this act
for
purposes of the costs of capital facilities', the interim
financing of which the particular institution has previously
issued its own obligations anticipating the possibility of future
state appropriations to pay all or a portion of such costs, as
contemplated in division (B) of section 3345.12 of the Revised
Code, shall be paid directly to the institution or the paying
agent for those outstanding obligations in the full principal
amount of those obligations then to be paid from the anticipated
appropriation and shall be timely applied to the retirement of a
like principal amount of the institution's obligations.
Appropriations made in Sections 251.30 to 256.80 of this act
for
purposes of the costs of capital facilities, all or a portion
of
which costs the particular institution has paid from the
institution's moneys that were temporarily available and which
expenditures were reasonably expected at the time of the advance by the institution and the state to be reimbursed from the
proceeds of obligations issued by the state, shall be directly
paid to the institution in the full amounts of those payments and
shall be timely applied to the reimbursement of those temporarily
available moneys. All reimbursements are subject to review and approval through the capital release process.
Section 251.90. UAK UNIVERSITY OF AKRON
CAP-008 |
|
Basic Renovations |
|
$ |
4,512,104 |
CAP-047 |
|
Polsky Building Renovation |
|
$ |
1,421,625 |
CAP-049 |
|
Basic Renovations - Wayne |
|
$ |
313,880 |
CAP-054 |
|
Auburn Science/Whitby Rehabilitation |
|
$ |
9,697,799 |
CAP-061 |
|
Asbestos Abatement |
|
$ |
47,861 |
CAP-063 |
|
Child Care Facility |
|
$ |
4,428 |
CAP-076 |
|
Supercritical Fluid Technology |
|
$ |
30,251 |
CAP-077 |
|
Leigh Hall Rehabilitation |
|
$ |
766,457 |
CAP-087 |
|
Global PVC Research Consortium |
|
$ |
7,144 |
CAP-091 |
|
Student Affairs Building |
|
$ |
53,082 |
CAP-097 |
|
Ohio NMR Consortium |
|
$ |
96,500 |
CAP-098 |
|
Guzzetta Hall Addition |
|
$ |
77,848 |
CAP-099 |
|
D Wing Expansion |
|
$ |
243,750 |
CAP-100 |
|
Classroom Office Addition - Design |
|
$ |
120,120 |
CAP-101 |
|
National Polymer Processing Center |
|
$ |
1,000,000 |
CAP-104 |
|
Nanoscale Polymers Manufacturing |
|
$ |
124,366 |
CAP-111 |
|
500 MHz NMR Spectrometer |
|
$ |
117,444 |
CAP-113 |
|
Student & Administrative Services Building - Phase 2 |
|
$ |
362,196 |
CAP-114 |
|
Facility Enhancement Building H - Phase 2 |
|
$ |
628,277 |
CAP-115 |
|
Medina County University Center |
|
$ |
1,000,000 |
CAP-116 |
|
Fir Hill Plaza Renovations |
|
$ |
1,249,743 |
CAP-117 |
|
Shrank Hall Renovation |
|
$ |
1,342,414 |
Total
University of Akron |
|
$ |
23,217,289 |
Section 252.10. BGU BOWLING GREEN STATE UNIVERSITY
CAP-009 |
|
Basic Renovations |
|
$ |
7,386,239 |
CAP-060 |
|
Basic Renovations - Firelands |
|
$ |
459,399 |
CAP-074 |
|
Instructional and Data Processing Equipment |
|
$ |
1,426,543 |
CAP-078 |
|
Asbestos Abatement |
|
$ |
1,584 |
CAP-088 |
|
ADA Modifications |
|
$ |
19,544 |
CAP-091 |
|
Child Care Facility |
|
$ |
49,406 |
CAP-094 |
|
Materials Network |
|
$ |
90,981 |
CAP-102 |
|
Network Infrastructure - Phase 1 |
|
$ |
244,131 |
CAP-108 |
|
Tunnel Upgrade - Phase 2 |
|
$ |
98,820 |
CAP-110 |
|
Hannah Hall Rehabilitation |
|
$ |
2,005,522 |
CAP-112 |
|
Biology Lab Renovation |
|
$ |
12,533,708 |
CAP-113 |
|
Campus-Wide Paving/Sidewalk Upgrade |
|
$ |
352,700 |
CAP-114 |
|
Student Learning |
|
$ |
13,149 |
CAP-115 |
|
Video Teaching Network |
|
$ |
5,436 |
CAP-118 |
|
Kinetic Spectrometry Consortium |
|
$ |
77,671 |
CAP-119 |
|
Admissions Visitor Center |
|
$ |
3,000,000 |
CAP-120 |
|
Theatre/Performing Arts Complex |
|
$ |
8,750,000 |
CAP-121 |
|
University Hall Rehabilitation |
|
$ |
1,174,981 |
CAP-124 |
|
Administration Building Fire Alarm System |
|
$ |
83,986 |
CAP-125 |
|
Campus-Wide Carpet Upgrade |
|
$ |
329,700 |
CAP-126 |
|
Reroof East, West, and North Buildings |
|
$ |
600,000 |
CAP-127 |
|
Instructional Laboratory - Phase 1 |
|
$ |
123,735 |
CAP-128 |
|
Perrysburg Heights Multipurpose Facility |
|
$ |
500,000 |
CAP-129 |
|
Wood County Senior Kitchen Project |
|
$ |
500,000 |
Total Bowling Green State University |
|
$ |
39,827,235 |
The amount reappropriated for the foregoing appropriation
item CAP-009, Basic Renovations, is the sum of the
unencumbered and unallotted balances as of June 30, 2006, in
appropriation items CAP-009, Basic Renovations; CAP-093, Pedestrian Mall Project; CAP-104, Jerome Library Renovations; CAP-105, Administration Building Elevators; and CAP-117, Administration Building Chiller.
Section 252.20. CSU CENTRAL STATE UNIVERSITY
CAP-022 |
|
Basic Renovations |
|
$ |
676,223 |
CAP-068 |
|
Instructional and Data Processing Replacement |
|
$ |
85,065 |
CAP-084 |
|
Academic Facility - Phase 1 |
|
$ |
3,791,729 |
Total Central State University |
|
$ |
4,553,017 |
Section 252.30. UCN UNIVERSITY OF CINCINNATI
CAP-009 |
|
Basic Renovations |
|
$ |
512,716 |
CAP-018 |
|
Basic Renovations - Clermont |
|
$ |
298,701 |
CAP-054 |
|
Raymond Walters Renovations |
|
$ |
428,426 |
CAP-119 |
|
Instructional & Data Processing Equipment |
|
$ |
12,537 |
CAP-122 |
|
Infrastructure Assessment |
|
$ |
2,518 |
CAP-128 |
|
Science and Allied Health Building - Walters |
|
$ |
118,748 |
CAP-131 |
|
Convention Center |
|
$ |
2,500,000 |
CAP-137 |
|
MSB Otolaryngology |
|
$ |
1,228 |
CAP-141 |
|
ADA Modifications |
|
$ |
49,860 |
CAP-142 |
|
ADA Modifications - Clermont |
|
$ |
6,039 |
CAP-158 |
|
Molecular Components/Simulation Network |
|
$ |
16,817 |
CAP-171 |
|
Asbestos - Rieveschl Hall |
|
$ |
107,550 |
CAP-173 |
|
Surface Engineering |
|
$ |
24,503 |
CAP-174 |
|
Classroom/Teaching Lab Renovations |
|
$ |
89,236 |
CAP-176 |
|
Network Expansion |
|
$ |
19,000 |
CAP-180 |
|
Rapid Prototype Process |
|
$ |
41,626 |
CAP-187 |
|
MSB Small Group Learning Spaces |
|
$ |
1,125 |
CAP-193 |
|
Nano Particles |
|
$ |
1,103 |
CAP-194 |
|
Transgenic Core Capacity |
|
$ |
1,633 |
CAP-195 |
|
Thin Film Analysis |
|
$ |
110,452 |
CAP-196 |
|
Electronic Reconstruction |
|
$ |
1,784 |
CAP-197 |
|
Med Center Technology |
|
$ |
1,546 |
CAP-198 |
|
TC/Dyer Rehabilitation - Phase 1A |
|
$ |
8,532 |
CAP-203 |
|
Zimmer Plaza
& Auditorium Rehabilitation |
|
$ |
5,919 |
CAP-205 |
|
Medical Science Building Rehabilitation |
|
$ |
3,626,342 |
CAP-206 |
|
One Stop Services Center |
|
$ |
97,535 |
CAP-207 |
|
Central Campus Infrastructure |
|
$ |
287,593 |
CAP-208 |
|
Security System Upgrade |
|
$ |
50,000 |
CAP-209 |
|
Library Renovations |
|
$ |
800,500 |
CAP-218 |
|
Creation of a P3 Facility |
|
$ |
500 |
CAP-223 |
|
Teachers College/Dyer Hall Rehabilitation - Phase 2 |
|
$ |
986,560 |
CAP-224 |
|
Van Wormer Administrative Building Rehabilitation |
|
$ |
25,425 |
CAP-226 |
|
Holocaust Archives |
|
$ |
47,580 |
CAP-237 |
|
Biomedical Engineering |
|
$ |
17,145 |
CAP-250 |
|
Student Services |
|
$ |
111,750 |
CAP-262 |
|
Central Campus Renovations |
|
$ |
8,442 |
CAP-263 |
|
Swift Rehabilitation |
|
$ |
9,667 |
CAP-264 |
|
McMicken Window Replacement |
|
$ |
66,882 |
CAP-265 |
|
Rieveschl/Crosley Rehab/Expansion |
|
$ |
720,764 |
CAP-268 |
|
800 MHz Radio System |
|
$ |
15,000 |
CAP-270 |
|
CAS HVAC Upgrades |
|
$ |
4,005 |
CAP-273 |
|
Help Phones |
|
$ |
43,754 |
CAP-278 |
|
Structural Biology |
|
$ |
59,533 |
CAP-279 |
|
Developmental Neurobiology |
|
$ |
500,000 |
CAP-285 |
|
MSB Library Computer Lab Renovation |
|
$ |
13,519 |
CAP-286 |
|
CAS Fire Alarm Upgrade |
|
$ |
35,273 |
CAP-287 |
|
Classroom Security System |
|
$ |
39,827 |
CAP-290 |
|
Mainframe Computing Alliance |
|
$ |
16,351 |
CAP-291 |
|
Proteomics in the Post Genome Era |
|
$ |
30,860 |
CAP-292 |
|
Nanoscale Hybrid Materials |
|
$ |
79,677 |
CAP-293 |
|
Accelerated Maturation of Materials |
|
$ |
632 |
CAP-295 |
|
Edwards Corridors Tile |
|
$ |
1,178 |
CAP-304 |
|
GRi Building F240 Renovation |
|
$ |
5,393 |
CAP-305 |
|
Peters-Jones Building Restroom Upgrade |
|
$ |
1,943 |
CAP-311 |
|
Gas Turbine Spray Combustion |
|
$ |
150,000 |
CAP-314 |
|
Bridging the Skills Gap |
|
$ |
593,912 |
CAP-317 |
|
Gibson House Fire Alarm |
|
$ |
16,041 |
CAP-318 |
|
MSb Interim-FM Relocation |
|
$ |
14,673 |
CAP-319 |
|
Elevator Cylinder Replacements |
|
$ |
36,725 |
CAP-320 |
|
HPB G58 - Network Office Renovation |
|
$ |
2,414 |
CAP-327 |
|
Electronic Systems Emulation |
|
$ |
60,000 |
CAP-329 |
|
Uptown Consortium Renovations/Turner plc |
|
$ |
250,000 |
CAP-330 |
|
Blegen Windows |
|
$ |
72,778 |
CAP-331 |
|
West Campus GFCI Lab Upgrades |
|
$ |
8,125 |
CAP-332 |
|
Blegen ADA Upgrade |
|
$ |
9,973 |
CAP-334 |
|
Lindner Fire Alarm Upgrade |
|
$ |
279,138 |
CAP-335 |
|
People Working Cooperatively |
|
$ |
100,000 |
CAP-336 |
|
Advanced Oxidation Technologies |
|
$ |
62,262 |
CAP-337 |
|
CAS Electrical Upgrades |
|
$ |
36,821 |
CAP-338 |
|
Live Tissue Imaging |
|
$ |
77,319 |
CAP-340 |
|
Lean Product Development |
|
$ |
1,000,000 |
CAP-341 |
|
Clermont Snyder Masonry Restoration |
|
$ |
3,950 |
CAP-345 |
|
Proctor Elevator Improvements |
|
$ |
279,388 |
Total University of Cincinnati |
|
$ |
15,118,748 |
The amount reappropriated for the foregoing appropriation item CAP-009, Basic Renovations, is the sum of the unencumbered and unallotted balances as of June 30, 2006, in appropriation items CAP-009, Basic Renovations; CAP-276, Health Professionals Building G44E Renovation; CAP-289, Medical Science Building Data Electronic RM Walls; CAP-296, Rieveschl HVAC & Safety Upgrades; CAP-322, Condensate Pump/Reheat; and CAP-323, Old Chemistry Window Replacement.
The amount reappropriated for the foregoing appropriation item CAP-141, ADA Modifications, is the sum of the unencumbered and unallotted balances as of June 30, 2006, in appropriation items CAP-141, ADA Modifications and CAP-307, Lindner ADA Upgrades.
CLASSROOM/TEACHING LAB RENOVATIONS
The amount reappropriated for the foregoing appropriation item CAP-174, Classroom/Teaching Lab Renovations, is the sum of the unencumbered and unallotted balances as of June 30, 2006, in appropriation items CAP-174, Classroom/Teaching Lab Renovations; CAP-201, WC Faculty Media Center; and CAP-228, Medical Science Building Level G, 1 & 2 Lab Upgrades.
CRITICAL BUILDING COMPONENT RENOVATIONS
The amount reappropriated for the foregoing appropriation item CAP-177, Critical Building Component Renovations, is the sum of the unencumbered and unallotted balances as of June 30, 2006, in appropriation items CAP-177, Critical Building Component Renovations; CAP-188, HPB/Wherry Service Entrances; and CAP-202, Baldwin Hall Rehabilitation - Phase 1.
The amount reappropriated for the foregoing appropriation item CAP-206, One Stop Services Center, is the sum of the unencumbered and unallotted balances as of June 30, 2006, in appropriation items CAP-206, One Stop Services Center, plus $102,568.
Section 252.40. CLS CLEVELAND STATE UNIVERSITY
CAP-023 |
|
Basic Renovations |
|
$ |
5,058,958 |
CAP-067 |
|
17th - 18th Street Block |
|
$ |
222,280 |
CAP-084 |
|
Neighborhood Centers Renovations |
|
$ |
500,000 |
CAP-088 |
|
Asbestos Abatement |
|
$ |
870,077 |
CAP-092 |
|
Handicapped Requirements |
|
$ |
572 |
CAP-112 |
|
Land Acquisitions |
|
$ |
9,264 |
CAP-114 |
|
Geographic Information Systems |
|
$ |
41,067 |
CAP-125 |
|
College of Education Building |
|
$ |
17,235,047 |
CAP-126 |
|
Electrical System Upgrades - Phase 2 |
|
$ |
773,658 |
CAP-127 |
|
Fire Alarm System Upgrade |
|
$ |
400,000 |
CAP-128 |
|
Property Acquisition |
|
$ |
1,120,237 |
CAP-138 |
|
Student Services |
|
$ |
59,333 |
CAP-139 |
|
Landscape, Sidewalk Replacement |
|
$ |
5,845 |
CAP-142 |
|
Rhodes Tower Library Roof Replacement |
|
$ |
178,169 |
CAP-144 |
|
Rhodes Tower Plaza Renovation - Phase 2 |
|
$ |
690 |
CAP-148 |
|
Cleveland Institute of Art |
|
$ |
1,000,000 |
CAP-150 |
|
Campus Fire Alarm Upgrade |
|
$ |
762,085 |
CAP-151 |
|
Plant Growth Facility |
|
$ |
60,000 |
CAP-152 |
|
Rhodes Tower Data Center Relocation |
|
$ |
920,131 |
CAP-153 |
|
University Annex-Vacate and Demolition |
|
$ |
49,390 |
CAP-154 |
|
Main Classroom Stair Tower & Entry |
|
$ |
1,500,000 |
CAP-157 |
|
Child Care Matching Grant |
|
$ |
221,987 |
CAP-158 |
|
Utility Upgrade Southwest Campus |
|
$ |
473,931 |
Total Cleveland State University |
|
$ |
31,462,721 |
NEIGHBORHOOD CENTERS RENOVATIONS
The amount reappropriated for the foregoing appropriation item CAP-084, Neighborhood Centers Renovations, is the total of the unencumbered and unalloted balances, of as June 30, 2006, in appropriations items CAP-856, Friendly Inn Settlement House Historic Site, and CAP-857, Merrick House Historic Site, in the Cultural and Sports Facilities Building Fund (Fund 030).
Of the foregoing appropriation item CAP-084, Neighborhood Centers Renovations, $250,000 shall be used for renovations to the Friendly Inn Settlement House and $250,000 shall be used for renovations to the Merrick House.
CLEVELAND INSTITUTE OF ART
The amount reappropriated for the foregoing appropriation item CAP-148, Cleveland Institute of Art, is the unencumbered and unalloted balance, as of June 30, 2006, in appropriation item CAP-069, Cleveland Institute of Art, in the Cultural and Sports Facilities Building Fund (Fund 030).
Section 252.50. KSU KENT STATE UNIVERSITY
CAP-022 |
|
Basic Renovations |
|
$ |
4,092,258 |
CAP-098 |
|
Trumbull Branch Addition |
|
$ |
13,972 |
CAP-105 |
|
Basic Renovations - East Liverpool |
|
$ |
234,847 |
CAP-106 |
|
Basic Renovations - Geauga |
|
$ |
45,607 |
CAP-107 |
|
Basic Renovations - Salem |
|
$ |
126,662 |
CAP-108 |
|
Basic Renovations - Stark |
|
$ |
325,358 |
CAP-110 |
|
Basic Renovations - Ashtabula |
|
$ |
426,827 |
CAP-111 |
|
Basic Renovations - Trumbull |
|
$ |
613,808 |
CAP-112 |
|
Basic Renovations - Tuscarawas |
|
$ |
171,699 |
CAP-122 |
|
Faculty Office Addition - Salem |
|
$ |
12,072 |
CAP-126 |
|
HVAC Renovations - Ashtabula |
|
$ |
5,545 |
CAP-128 |
|
Roof Renovations - Ashtabula |
|
$ |
1,435 |
CAP-137 |
|
LCI/Materials Science Building |
|
$ |
6,025 |
CAP-140 |
|
Road Improvements - Trumbull |
|
$ |
12,282 |
CAP-143 |
|
Liquid Crystals |
|
$ |
114,319 |
CAP-144 |
|
Instruction and Data Processing Equipment |
|
$ |
1,994,905 |
CAP-154 |
|
Separation Science |
|
$ |
1,497 |
CAP-156 |
|
Boiler Plant Controls and Building Alterations |
|
$ |
6,738 |
CAP-159 |
|
Electrical Substation/Fiber Optic Network |
|
$ |
6,526 |
CAP-162 |
|
Science and Technology Building - Trumbull |
|
$ |
125,374 |
CAP-164 |
|
ADA Modifications - Ashtabula |
|
$ |
6,772 |
CAP-167 |
|
ADA Modifications - Salem |
|
$ |
5,312 |
CAP-173 |
|
Child Care Facility |
|
$ |
18,650 |
CAP-176 |
|
Midway Drive Utilities Tunnel - II |
|
$ |
1,522 |
CAP-184 |
|
Distributed Computation/Visualization |
|
$ |
33,833 |
CAP-188 |
|
Child Care Funds - East Liverpool |
|
$ |
90,000 |
CAP-189 |
|
Child Care Funds - Tuscarawas |
|
$ |
19,847 |
CAP-190 |
|
Child Care Funds - Ashtabula |
|
$ |
12,500 |
CAP-194 |
|
Child Care - Salem |
|
$ |
100,000 |
CAP-195 |
|
Child Care - Geauga |
|
$ |
20,666 |
CAP-196 |
|
Technology Improvements - Ashtabula |
|
$ |
216,911 |
CAP-198 |
|
Technology Improvements - Salem |
|
$ |
5,648 |
CAP-199 |
|
Technology Improvements - Trumbull |
|
$ |
69,205 |
CAP-200 |
|
Technology Improvements - Tuscarawas |
|
$ |
18,638 |
CAP-206 |
|
Child Care Facility |
|
$ |
2,637 |
CAP-207 |
|
Kent Hall Planning and Addition |
|
$ |
156,000 |
CAP-210 |
|
Rooftop Air Handler |
|
$ |
600 |
CAP-212 |
|
Technology Building and Parking |
|
$ |
2,406,053 |
CAP-220 |
|
Campus Steam System Evaluation
& Upgrade |
|
$ |
58,034 |
CAP-226 |
|
GIS Technology |
|
$ |
1,637 |
CAP-227 |
|
3D Microscopy Imaging |
|
$ |
81,194 |
CAP-228 |
|
Exterior Site Improvements |
|
$ |
2,159 |
CAP-232 |
|
Ohio NMR Consortium |
|
$ |
80,800 |
CAP-233 |
|
Environmental Technology Consortium |
|
$ |
56,850 |
CAP-234 |
|
Terrace Drive Heating Plant Rehabilitation I |
|
$ |
12,161 |
CAP-235 |
|
Rehabilitation of Franklin Hall - Planning |
|
$ |
11,887,383 |
CAP-237 |
|
Classroom Building Interior Renovation - Tuscarawas |
|
$ |
21,923 |
CAP-239 |
|
Classroom Building Roof, Coping, Fascia Restoration |
|
$ |
581,919 |
CAP-241 |
|
Main Hall Selective Interior Renovations - Phase 1 |
|
$ |
1,338 |
CAP-243 |
|
Classroom Building Interior Renovations - East Liverpool |
|
$ |
113,456 |
CAP-246 |
|
Tuscarawas Wing C Penthouse Roof Replacement |
|
$ |
83,560 |
CAP-248 |
|
Mary Patterson Building Boiler Replacement |
|
$ |
3,473 |
CAP-252 |
|
Ohio Organic Semiconductor |
|
$ |
73,412 |
CAP-254 |
|
Theoretical Liquid Crystal Physics |
|
$ |
500,000 |
CAP-255 |
|
Music & Speech - HVAC/Chiller Replacement |
|
$ |
27,264 |
CAP-256 |
|
Stockdale Electrical System Upgrade |
|
$ |
814 |
CAP-258 |
|
Business Administration Air Handling Unit and Roof Replacement |
|
$ |
8,687 |
CAP-260 |
|
Land Acquisitions & Improvements - East Liverpool |
|
$ |
638,419 |
CAP-261 |
|
Addition/Renovation Classrooms - Geauga |
|
$ |
246,878 |
CAP-262 |
|
Gym Renovation Planning - Salem |
|
$ |
490,213 |
CAP-265 |
|
Science Lab Addition - Trumbull |
|
$ |
991,786 |
CAP-266 |
|
Fine & Performing Arts Center - Tuscarawas |
|
$ |
844,655 |
CAP-267 |
|
Columbiana County Port Authority |
|
$ |
13,125 |
CAP-268 |
|
Canton Convention Center |
|
$ |
735,000 |
CAP-269 |
|
Blossom Music Center |
|
$ |
2,512,500 |
CAP-270 |
|
Geauga Science Laboratories |
|
$ |
36,880 |
Total Kent State University |
|
$ |
31,628,070 |
REHABILITATION OF FRANKLIN HALL
The amount reappropriated for the foregoing appropriation item CAP-235, Rehabilitation of Franklin Hall - Planning, is the unencumbered and unallotted balance as of June 30, 2006, appropriation item CAP-235, Rehabilitation of Franklin Hall - Planning, plus $38,917.
Section 252.60. MUN MIAMI UNIVERSITY
CAP-018 |
|
Basic Renovations |
|
$ |
4,616,362 |
CAP-066 |
|
Basic Renovations - Hamilton |
|
$ |
514,779 |
CAP-069 |
|
Basic Renovations - Middletown |
|
$ |
683,071 |
CAP-081 |
|
Cooperative Regional Library Depository SW |
|
$ |
2,546 |
CAP-083 |
|
Campus Avenue Building Renovation |
|
$ |
26,794 |
CAP-085 |
|
Alumni Hall Rehabilitation - Phase I |
|
$ |
972 |
CAP-088 |
|
Hoyt Hall Rehabilitation |
|
$ |
7,339 |
CAP-089 |
|
High Voltage Electric |
|
$ |
351,155 |
CAP-096 |
|
McGuffey Hall Rehabilitation |
|
$ |
52,271 |
CAP-098 |
|
Computer Network Installation |
|
$ |
17,589 |
CAP-099 |
|
King Library Rehabilitation |
|
$ |
1,865 |
CAP-103 |
|
ADA Modifications - Middletown |
|
$ |
2,798 |
CAP-105 |
|
Plant Response/Environmental Stress |
|
$ |
72,641 |
CAP-109 |
|
Molecular Microbial Biology |
|
$ |
67,500 |
CAP-110 |
|
Micromachining Technology |
|
$ |
507,540 |
CAP-112 |
|
Chilled Water Loop Phase I - Hamilton |
|
$ |
5,954 |
CAP-113 |
|
Special Academic/Administrative Projects - Hamilton |
|
$ |
663,199 |
CAP-115 |
|
Special Academic/Administrative Projects - Middletown |
|
$ |
735,287 |
CAP-121 |
|
Southwestern Book Depository |
|
$ |
150,820 |
CAP-123 |
|
Phillips Hall Rehabilitation |
|
$ |
127,297 |
CAP-127 |
|
Campus Steam Distribution - Phase I |
|
$ |
1,820,046 |
CAP-130 |
|
MacMillan Rehabilitation/Multicultural Center |
|
$ |
1,500 |
CAP-131 |
|
Miami University Learning Center |
|
$ |
1,001,515 |
CAP-132 |
|
Mass Spectrum Consortium |
|
$ |
14,590 |
CAP-143 |
|
Warfield Hall Rehabilitation |
|
$ |
61,104 |
CAP-145 |
|
Campus Chilled Water Efficiency |
|
$ |
816,587 |
CAP-146 |
|
Information Technology System Upgrade |
|
$ |
1,363,490 |
CAP-149 |
|
Parrish Auditorium Rehabilitation |
|
$ |
625,000 |
CAP-155 |
|
Protein Solution Structural Analysis |
|
$ |
500,000 |
CAP-156 |
|
Teraherta Spectroscopysystem |
|
$ |
100,000 |
CAP-157 |
|
Presser Hall Rehabilitation |
|
$ |
3,015,740 |
CAP-159 |
|
DNA Sequencing |
|
$ |
93,552 |
Total Miami University |
|
$ |
18,020,903 |
The amount reappropriated for the foregoing appropriation item CAP-018, Basic Renovations, is the sum of the unencumbered and unallotted balances as of June 30, 2006, in appropriation items CAP-018, Basic Renovations; CAP-111, Roudebush Hall Rehabilitation; and CAP-117, North Campus Refrigeration/Chilled Water.
Section 252.70. OSU OHIO STATE UNIVERSITY
CAP-074 |
|
Basic Renovations |
|
$ |
19,255,664 |
CAP-149 |
|
Basic Renovations - Regional Campuses |
|
$ |
2,083,163 |
CAP-198 |
|
Brown Hall Annex Replacement |
|
$ |
6,213 |
CAP-254 |
|
Basic Renovations - ATI |
|
$ |
127,444 |
CAP-255 |
|
Supplemental Renovations - OARDC |
|
$ |
2,826,343 |
CAP-256 |
|
Supplemental Renovations - Regional |
|
$ |
191,955 |
CAP-258 |
|
Dreese Lab Addition |
|
$ |
12,340 |
CAP-261 |
|
Bioscience/Parks Hall Addition |
|
$ |
12,584 |
CAP-269 |
|
Greenhouse Modernization |
|
$ |
40,982 |
CAP-271
|
|
Horticulture/Entomology Greenhouse - OARDC |
|
$ |
15,344 |
CAP-292 |
|
Life Sciences Research Building |
|
$ |
202,898 |
CAP-302 |
|
Food Science
& Technology Building |
|
$ |
89,990 |
CAP-306 |
|
Heart
& Lung Institute |
|
$ |
32,437 |
CAP-311 |
|
Superconducting Radiation |
|
$ |
65,094 |
CAP-313 |
|
Brain Tumor Research Center |
|
$ |
6,001 |
CAP-314 |
|
Engineering Center Net Shape Manufacturing |
|
$ |
20,730 |
CAP-315 |
|
Membrane Protein Typology |
|
$ |
8,835 |
CAP-316 |
|
Instructional and Data Processing Equipment |
|
$ |
198,844 |
CAP-321 |
|
Fine Particle Technologies
|
|
$ |
157,936 |
CAP-323 |
|
Advanced Plasma Engineering |
|
$ |
22,379 |
CAP-324 |
|
Plasma Ramparts |
|
$ |
1,150 |
CAP-326 |
|
IN-SITU AL-BE Composites |
|
$ |
1,733 |
CAP-335 |
|
Jay Cooke Residence - Roof and Windows |
|
$ |
86,668 |
CAP-347 |
|
Asbestos Abatement |
|
$ |
5,325 |
CAP-349 |
|
Materials Network |
|
$ |
91,983 |
CAP-350 |
|
Bio-Technology Consortium |
|
$ |
42,378 |
CAP-352 |
|
Analytical Electron Microscope |
|
$ |
375,000 |
CAP-353 |
|
High Temp Alloys
& Alluminoids |
|
$ |
220,000 |
CAP-357 |
|
Supplemental Renovations - ATI |
|
$ |
33,969 |
CAP-361 |
|
Maintenance, Receiving, and Storage Facility - Marion |
|
$ |
58,646 |
CAP-362 |
|
McPherson Lab Rehabilitation
|
|
$ |
10,278 |
CAP-368
|
|
Heart and Lung Institute |
|
$ |
101,808 |
CAP-374 |
|
ADA Modifications |
|
$ |
178,870 |
CAP-375 |
|
ADA Modifications - ATI |
|
$ |
41,936 |
CAP-376 |
|
ADA Modifications - Lima |
|
$ |
95,538 |
CAP-377 |
|
ADA Modifications - Mansfield |
|
$ |
15,253 |
CAP-387 |
|
Titanium Alloys |
|
$ |
54,912 |
CAP-394 |
|
ATI/OARDC Roof Replacements |
|
$ |
13,913 |
CAP-398 |
|
Advanced Manufacturing |
|
$ |
38,579 |
CAP-399 |
|
Manufacturing Processes/Materials |
|
$ |
62,574 |
CAP-401 |
|
Terhertz Studies |
|
$ |
35,294 |
CAP-406 |
|
Marion Park/Road/Sidewalk/Lights |
|
$ |
2,750 |
CAP-413 |
|
Pomerene Lighting/Wiring |
|
$ |
249,584 |
CAP-419 |
|
NMR Consortium |
|
$ |
75,116 |
CAP-420 |
|
Versatile Film Facility |
|
$ |
62,872 |
CAP-421 |
|
OCARNET |
|
$ |
5,916 |
CAP-422 |
|
Bioprocessing Research |
|
$ |
1,905 |
CAP-423 |
|
Localized Corrosion Research |
|
$ |
6,128 |
CAP-424 |
|
ATM Testbed |
|
$ |
3,633 |
CAP-425 |
|
Physical Sciences Building |
|
$ |
27,748 |
CAP-427 |
|
Morrill Hall Remodeling - Vacated Library Space - Marion |
|
$ |
1,347,191 |
CAP-431 |
|
Sisson Hall Replacement |
|
$ |
5,571 |
CAP-436 |
|
Machinery Acoustics |
|
$ |
3,804 |
CAP-439 |
|
Sensors and
Measurements |
|
$ |
15,115 |
CAP-440 |
|
Polymer Magnets |
|
$ |
1,099 |
CAP-458 |
|
A1 Alloy Corrosion |
|
$ |
14,292 |
CAP-484 |
|
Page Hall Planning |
|
$ |
7,210 |
CAP-485 |
|
Botany
& Zoology Building Planning |
|
$ |
207,932 |
CAP-486 |
|
Larkins Hall Addition/Renovation Planning |
|
$ |
26,206 |
CAP-487 |
|
Robinson Laboratory Planning |
|
$ |
149,100 |
CAP-488 |
|
Don Scott Field Replacement Barns |
|
$ |
1,495,619 |
CAP-489 |
|
Galvin Hall 3rd Floor Renovation - Lima |
|
$ |
22,135 |
CAP-491 |
|
Horticultural Operations Center - ATI |
|
$ |
1,474,400 |
CAP-492 |
|
OARDC Feed Mill |
|
$ |
5,598,644 |
CAP-499 |
|
Biological Sciences Cooling Tower |
|
$ |
6,930 |
CAP-509 |
|
Mount Hall HVAC Modifications |
|
$ |
40,982 |
CAP-519 |
|
Ohio Biomedical Consortium on Medical
Therapeutic Micro Devices |
|
$ |
49,275 |
CAP-520 |
|
Plant and Microbe Functional Genomics
Facilities |
|
$ |
16,259 |
CAP-523 |
|
Consortium for Novem Microfabrications
Methods of Medical Devices in Non-Silicon Materials |
|
$ |
193,886 |
CAP-524 |
|
Bone
& Mineral Metabolism Research Lab |
|
$ |
5,845 |
CAP-531 |
|
Animal
& Plant Biology Level 3 |
|
$ |
8,133,780 |
CAP-534 |
|
Main Library Rehabilitation |
|
$ |
9,320,846 |
CAP-535 |
|
Psychology Building
|
|
$ |
2,128,529 |
CAP-536 |
|
Thorne Hall and Gowley Hall Renovations - Phase 3 |
|
$ |
199,799 |
CAP-539 |
|
Nanosecond Infrared Measurement |
|
$ |
2,588 |
CAP-550 |
|
Millimeter/Submillimeter Instrument |
|
$ |
5,919 |
CAP-552 |
|
X-Ray Powder Diffractometer |
|
$ |
558 |
CAP-554 |
|
Deconvolution Microscope |
|
$ |
1,101 |
CAP-556 |
|
Heart/Lung Institute Animal Facility |
|
$ |
13,140 |
CAP-564 |
|
Denney Hall Renovation - Phase I |
|
$ |
18,495 |
CAP-565 |
|
Ion Mass Spectrometry |
|
$ |
6,594 |
CAP-568 |
|
Role of Molecular Interfaces |
|
$ |
17,554 |
CAP-572 |
|
New Millimeter Spectrometer |
|
$ |
714 |
CAP-574 |
|
Noncredit Job Training - Marion |
|
$ |
2,933 |
CAP-576 |
|
1224 Kinnear Road - Bale |
|
$ |
11,722 |
CAP-577 |
|
Non-Silicon Micromachining |
|
$ |
73,991 |
CAP-579 |
|
Veterinary Hospital Auditorium Renovation |
|
$ |
7,736 |
CAP-586 |
|
Electroscience Lab Renovation |
|
$ |
5,853 |
CAP-587 |
|
OARDC Boiler Replacement |
|
$ |
622,757 |
CAP-590 |
|
Supercomputer Center Expansion |
|
$ |
6,804,275 |
CAP-596 |
|
Information Literacy |
|
$ |
135,574 |
CAP-597 |
|
Online Business Major |
|
$ |
5,768 |
CAP-599 |
|
Renovation of Graves Hall |
|
$ |
68,196 |
CAP-602 |
|
OARDC Wooster Phone System Replacement |
|
$ |
467,398 |
CAP-605 |
|
Utility - North Tunnel Steamline Upgrade |
|
$ |
111,981 |
CAP-608 |
|
Dual Beam Characterization |
|
$ |
150,000 |
CAP-616 |
|
Environmental Technology Consortium |
|
$ |
11,297 |
CAP-617 |
|
Campbell, University, and Evans Hall |
|
$ |
87,439 |
CAP-620 |
|
School of Music - Planning |
|
$ |
1,500 |
CAP-622 |
|
Western Branch Headquarters & Machinery Building |
|
$ |
779,525 |
CAP-624 |
|
Muck Crops Branch/Shop Building Replacement |
|
$ |
756,336 |
CAP-625 |
|
Hazardous Waste Handling/Storage Building |
|
$ |
1,103,062 |
CAP-626 |
|
Agriculture/Engineering Building Renovation & Addition |
|
$ |
200,000 |
CAP-628 |
|
Wood County Center for Agriculture |
|
$ |
1,000,000 |
CAP-629 |
|
Community Heritage Art Gallery - Lima |
|
$ |
100,000 |
CAP-631 |
|
Health Psychology |
|
$ |
250,000 |
CAP-632 |
|
Nanotechnology Molecular Assembly |
|
$ |
500,000 |
CAP-633 |
|
Networking and Communication |
|
$ |
500,000 |
CAP-634 |
|
Planetary Gear |
|
$ |
125,000 |
CAP-635 |
|
X-Ray Fluorenscence Spectrometer |
|
$ |
2,283 |
CAP-636 |
|
Precision Navigation |
|
$ |
85,000 |
CAP-637 |
|
Welding & Metal Working |
|
$ |
200,000 |
CAP-638 |
|
Spin Driven Electronics |
|
$ |
6,436 |
CAP-639 |
|
Inductively Coupled Plasma Etching |
|
$ |
126,729 |
CAP-641 |
|
Accelerated Metals |
|
$ |
1,020,331 |
CAP-642 |
|
Mathematical Biosciences Institute |
|
$ |
54,863 |
CAP-646 |
|
Mershon Auditorium HVAC System
Improvements |
|
$ |
2,098 |
CAP-647 |
|
Molecular Microdevices |
|
$ |
14,033 |
CAP-648 |
|
Research Center HVAC System Improvements |
|
$ |
17,088 |
CAP-649 |
|
Infrared Absorption Measurements |
|
$ |
2,899 |
CAP-650 |
|
Dark Fiber |
|
$ |
3,983,440 |
CAP-651 |
|
Shared Data Backup System |
|
$ |
20,922 |
CAP-653 |
|
Third Frontier Network Testbed |
|
$ |
280,564 |
CAP-654 |
|
Distributed Learning Workshop |
|
$ |
270,000 |
CAP-656 |
|
Accelerated Maturation of Materials |
|
$ |
209,702 |
CAP-657 |
|
Nanoscale Polymers Manufacturing |
|
$ |
629,699 |
CAP-658 |
|
Hydrogen Production and Storage |
|
$ |
32,396 |
CAP-659 |
|
Ohio Organic Semiconductor |
|
$ |
367,587 |
CAP-663 |
|
Comprehensive Cancer - Chiller Replacement |
|
$ |
42,687 |
CAP-664 |
|
Kottman Hall - 103 Central Classroom |
|
$ |
19,285 |
CAP-668 |
|
West Campus Chilled Water & Scott Hall |
|
$ |
16,139 |
CAP-669 |
|
McCracken Power Plant Spill Control |
|
$ |
268,508 |
CAP-670 |
|
Glacial Assessment |
|
$ |
22,764 |
CAP-672 |
|
Chemical Vapor Deposition |
|
$ |
13,500 |
CAP-674 |
|
Parks Hall Chiller Replacement |
|
$ |
135,360 |
CAP-675 |
|
Hybrid Electric Vehicle Modeling |
|
$ |
504,536 |
CAP-676 |
|
Computational Nanotechnology |
|
$ |
500,000 |
CAP-677 |
|
Townshend Hall - Roof Replacement |
|
$ |
328,772 |
CAP-678 |
|
Center For Materials Design |
|
$ |
1,037 |
CAP-681 |
|
Vet Hospital Roof Replacement Phase II |
|
$ |
85,645 |
CAP-682 |
|
Hopkins Hall Phase II Priorities I, II |
|
$ |
108,052 |
CAP-683 |
|
Bioscience 6th Floor Renovation - Priority |
|
$ |
983,186 |
CAP-684 |
|
Ohio Commons For Digital Education |
|
$ |
118,924 |
CAP-685 |
|
Postle Hall Fire Alarm Replacement |
|
$ |
116,441 |
CAP-686 |
|
NonCredit Job Education & Training |
|
$ |
21,104 |
CAP-687 |
|
Campus South Dorms Renovation/Improvements |
|
$ |
950,000 |
CAP-688 |
|
Bricker Hall Roof Replacement |
|
$ |
23,123 |
CAP-694 |
|
Neuroscience Center Core |
|
$ |
193,991 |
CAP-696 |
|
Campus Grounds-Exterior Lighting - Phase VIII |
|
$ |
33,814 |
CAP-697 |
|
930 Kinnear Road Renovations |
|
$ |
773,303 |
CAP-698 |
|
Waterman Lab & Don Scott Field |
|
$ |
652,752 |
CAP-699 |
|
Lincoln Tower Renovations - Phase 1 |
|
$ |
477,626 |
CAP-700 |
|
Coe Corrosion Coop |
|
$ |
58,750 |
CAP-701 |
|
OSU Cancer Program Expansion |
|
$ |
2,000,000 |
CAP-702 |
|
Smith Laboratory Rehabilitation |
|
$ |
2,800,000 |
CAP-704 |
|
Warner Library and Student Center |
|
$ |
1,789,324 |
CAP-705 |
|
Hopewell Hall Science Suite |
|
$ |
508,408 |
CAP-706 |
|
Atomic Force Microscopy |
|
$ |
180,000 |
CAP-707 |
|
Interactive Applications |
|
$ |
463,018 |
CAP-712 |
|
OSU Mansfield - Third Street Project |
|
$ |
234,000 |
CAP-714 |
|
Health Psychology |
|
$ |
150,000 |
CAP-716 |
|
Ohio Bioproducts Innovation Center |
|
$ |
9,689,847 |
CAP-717 |
|
Center for Materials Design |
|
$ |
602,615 |
CAP-718 |
|
Specialized Planetary Gears |
|
$ |
150,000 |
CAP-719 |
|
OSU Agricultural Building |
|
$ |
1,500,000 |
CAP-720 |
|
Automated Afm System |
|
$ |
180,000 |
CAP-721 |
|
Integrated Wireless Communication |
|
$ |
141,000 |
Total Ohio State University |
|
$ |
105,955,671 |
The amount reappropriated for the foregoing appropriation item CAP-074, Basic Renovations, is the sum of the unencumbered and unallotted balance as of June 30, 2006, in appropriation item CAP-074, Basic Renovations, plus $6,927.
OARDC THORNE & GOURLEY HALL
The amount reappropriated for the foregoing appropriation item CAP-274, OARDC Thorne & Gourley Hall shall be $1,007.
WOOD COUNTY CENTER FOR AGRICULTURE
Of the foregoing appropriation item CAP-628, Wood County Center for Agriculture, up to $300,000 shall be used for building renovations to the OSU Extension Office/Ag Business Enhancement Center.
Section 252.80. OHU OHIO UNIVERSITY
CAP-020 |
|
Basic Renovations |
|
$ |
3,869,311 |
CAP-021 |
|
Conservancy District Assessment |
|
$ |
8,807 |
CAP-086 |
|
Memorial Auditorium Rehabilitation |
|
$ |
10,033 |
CAP-095 |
|
Basic Renovations - Eastern |
|
$ |
492,525 |
CAP-099 |
|
Basic Renovations - Zanesville |
|
$ |
164,438 |
CAP-113 |
|
Basic Renovations - Chillicothe |
|
$ |
393,668 |
CAP-114 |
|
Basic Renovations - Ironton |
|
$ |
209,359 |
CAP-115 |
|
Bennett Hall HVAC/Lab - Chillicothe |
|
$ |
214,952 |
CAP-117 |
|
Porter Hall Rehabilitation |
|
$ |
26,531 |
CAP-119 |
|
Biomedical Research Center |
|
$ |
10,120 |
CAP-120 |
|
Ridges Auditorium Rehabilitation |
|
$ |
1,177 |
CAP-136 |
|
Gymnasium Development - Eastern |
|
$ |
89,067 |
CAP-141 |
|
College of Health and Human Services |
|
$ |
8,693 |
CAP-142 |
|
Health Professions Labs - Phase I |
|
$ |
66,354 |
CAP-145 |
|
Asbestos Abatement |
|
$ |
5,094 |
CAP-148 |
|
RTVC Building Asbestos Abatement |
|
$ |
1,037 |
CAP-152 |
|
Gordy Hall Addition and Rehabilitation |
|
$ |
940 |
CAP-155 |
|
Brasee Hall Rehabilitation - Lancaster |
|
$ |
73,635 |
CAP-157 |
|
ADA Modifications |
|
$ |
13,425 |
CAP-160 |
|
ADA Modifications - Ironton |
|
$ |
9,113 |
CAP-161 |
|
ADA Modifications - Lancaster |
|
$ |
20,345 |
CAP-164 |
|
Southeast Library Warehouse |
|
$ |
85,367 |
CAP-172 |
|
Elson Hall Rehabilitation -
Zanesville |
|
$ |
359,572 |
CAP-183 |
|
Central Classroom Building |
|
$ |
36,595 |
CAP-186 |
|
Ellis Hall Partial Renovation |
|
$ |
7,080 |
CAP-189 |
|
Conference Center Planning - Lancaster |
|
$ |
500,358 |
CAP-190 |
|
Center for Public Policy |
|
$ |
29,589 |
CAP-191 |
|
District Water Cooling |
|
$ |
17,030 |
CAP-192 |
|
Plant and Microbe Functional Genomics Facilities |
|
$ |
38,358 |
CAP-200 |
|
Building Acquisition/Renovation - Eastern |
|
$ |
373,182 |
CAP-202 |
|
Putnam Hall Rehabilitation |
|
$ |
3,507 |
CAP-206 |
|
Human Resources Training Center |
|
$ |
1,116 |
CAP-208 |
|
Student Services |
|
$ |
15,278 |
CAP-209 |
|
Creativity Through Technology |
|
$ |
147,891 |
CAP-212 |
|
Exterior Site Improvement |
|
$ |
23,436 |
CAP-213 |
|
Daycare Center |
|
$ |
447,950 |
CAP-214 |
|
Science/Fine Arts Renovation - Phase 2 |
|
$ |
874,713 |
CAP-215 |
|
Land-Use Plan/Future Development |
|
$ |
5,100 |
CAP-219 |
|
Mainframe Computing Alliance |
|
$ |
10,000 |
CAP-221 |
|
Tunnel 5 Rehabilitation |
|
$ |
68,344 |
CAP-222 |
|
Clippinger Lab Planning |
|
$ |
112,709 |
CAP-223 |
|
Alden Library Planning |
|
$ |
150,000 |
CAP-224 |
|
University Center Replacement |
|
$ |
113,900 |
CAP-225 |
|
Lausche Heating Plant |
|
$ |
1,580,338 |
CAP-226 |
|
New Grounds Maintenance Building |
|
$ |
259,064 |
CAP-227 |
|
Chillicothe Parking & Roadway |
|
$ |
480,000 |
CAP-228 |
|
Shoemaker Center Air Conditioning |
|
$ |
271,000 |
CAP-230 |
|
Kettering Medical Center - Nixon |
|
$ |
450,000 |
CAP-232 |
|
Child Care Matching Grant |
|
$ |
221,987 |
Total Ohio University |
|
$ |
12,372,088 |
The amount reappropriated for the foregoing appropriation item CAP-020, Basic Renovations, is the sum of the unencumbered and unallotted balance as of June 30, 2006, in appropriation item CAP-020, Basic Renovations, plus $25,204.
HEALTH PROFESSIONAL LABS - PHASE 1
The amount reappropriated for the foregoing appropriation item CAP-142, Health Professions Labs - Phase 1, is the sum of the unencumbered and unallotted balance as of June 30, 2006, in appropriation item CAP-142, Health Professions LABS - Phase 1, plus $33,046.
GORDY HALL ADDITION & REHABILITATION
The amount reappropriated for the foregoing appropriation item CAP-152, Gordy Hall Addition & Rehabilitation, is the sum of the unencumbered and unallotted balance as of June 30, 2006, in appropriation item CAP-152, Gordy Hall Addition & Rehabilitation, plus $12,650.
The amount reappropriated for the foregoing appropriation item CAP-190, Center for Public Policy, is the sum of the unencumbered and unallotted balance as of June 30, 2006, in appropriation item CAP-190, Center for Public Policy, plus $3,255.
PUTNAM HALL REHABILITATION
The amount reappropriated for the foregoing appropriation item CAP-202, Putnam Hall Rehabilitation, is the sum of the unencumbered and unallotted balance as of June 30, 2006, in appropriation item CAP-202, Putnam Hall Rehabilitation, plus $5,482.
Section 252.90. SSC SHAWNEE STATE UNIVERSITY
CAP-004 |
|
Basic Renovations |
|
$ |
612,759 |
CAP-008 |
|
Massie Hall Renovation |
|
$ |
33,186 |
CAP-010 |
|
Land Acquisition |
|
$ |
56,267 |
CAP-016 |
|
Library Building |
|
$ |
10,777 |
CAP-017 |
|
Math/Science Building |
|
$ |
10,065 |
CAP-029 |
|
Fine Arts Class and Lab Building |
|
$ |
108,704 |
CAP-030 |
|
Utilities and Landscaping |
|
$ |
4,679 |
CAP-037 |
|
ADA Modifications |
|
$ |
53,188 |
CAP-039 |
|
Central Heating Plant Replacement |
|
$ |
7,665 |
CAP-040 |
|
Chiller Replacement |
|
$ |
12,054 |
CAP-041 |
|
Kricker Hall Renovation |
|
$ |
1,932 |
CAP-042 |
|
Sidewalk/Plaza Replacement |
|
$ |
250,276 |
CAP-043 |
|
Communication/Data Upgrade |
|
$ |
23,079 |
CAP-044 |
|
Land Acquisition |
|
$ |
571,511 |
CAP-045 |
|
Rehabilitation of Health Sciences Building - Phase I |
|
$ |
122,189 |
CAP-046 |
|
Digital Infrastructure |
|
$ |
55,803 |
CAP-047 |
|
Natatorium Rehabilitation |
|
$ |
21,987 |
CAP-048 |
|
Facilities Building Renovation |
|
$ |
223,120 |
CAP-051 |
|
Rhodes Center Rehabilitation |
|
$ |
1,315,586 |
Total Shawnee State University |
|
$ |
3,494,827 |
The amount reappropriated for the foregoing appropriation item CAP-010, Land Acquisition, is the sum of the unencumbered and unallotted balance as of June 30, 2006, in appropriation item CAP-010, Land Acquisition, plus $1,150.
The amount reappropriated for the foregoing appropriation item CAP-035, Plaza/Road/Landscaping, shall be $24,522.
Section 253.10. UTO UNIVERSITY OF TOLEDO
CAP-010 |
|
Basic Renovations |
|
$ |
6,069,480 |
CAP-073 |
|
ADA Modifications |
|
$ |
2,434 |
CAP-077 |
|
Tribology |
|
$ |
192,296 |
CAP-083 |
|
Bowman-Oddy Rehabilitation - Phase 2 |
|
$ |
32,196 |
CAP-091 |
|
Greenhouse Improvements |
|
$ |
11,675 |
CAP-094 |
|
Plant Operations Renovation |
|
$ |
450,000 |
CAP-096 |
|
Health
& Human Services Rehabilitation - Phase I |
|
$ |
327,288 |
CAP-105 |
|
Gillham Hall Rehabilitation |
|
$ |
2,999,373 |
CAP-109 |
|
Student Services |
|
$ |
70,929 |
CAP-110 |
|
Distributed Learning Courses |
|
$ |
858 |
CAP-112 |
|
Campus Signage Improvements |
|
$ |
185,572 |
CAP-115 |
|
Palmer Hall - 3rd Floor Classroom Renovations |
|
$ |
4,879 |
CAP-116 |
|
Bowman-Oddy-North Wing Renovations |
|
$ |
695,909 |
CAP-121 |
|
Emergency Phone System Upgrades |
|
$ |
29,895 |
CAP-122 |
|
Bowman-Oddy Instructional Labs |
|
$ |
1,080,000 |
CAP-125 |
|
University Computer Center Roof Replacement |
|
$ |
19,000 |
CAP-126 |
|
Health & Human Services South Roof Replacement |
|
$ |
11,481 |
CAP-127 |
|
Westwood Building Rehabilitation |
|
$ |
4,107,000 |
CAP-128 |
|
Rocket Hall Renovation |
|
$ |
813,000 |
CAP-129 |
|
Science - Lab Building |
|
$ |
3,006,304 |
CAP-130 |
|
Rehabilitate/Expand Classroom Building |
|
$ |
2,200,000 |
Total University of Toledo |
|
$ |
22,309,569 |
HEALTH AND HUMAN SERVICES REHABILITATION - PHASE I
The amount reappropriated for the foregoing appropriation item CAP-096, Health & Human Services Rehabilitation - Phase I, is the sum of the unencumbered and unallotted balance as of June 30, 2006, in appropriation item CAP-096, Health & Human Services Rehabilitation - Phase I, plus $19,808.11.
Section 253.20. WSU WRIGHT STATE UNIVERSITY
CAP-015 |
|
Basic Renovations |
|
$ |
2,646,778 |
CAP-064 |
|
Basic Renovations - Lake |
|
$ |
98,582 |
CAP-080 |
|
Library Access Consolidation System |
|
$ |
4,400,080 |
CAP-093 |
|
Information Technology Center |
|
$ |
23,860 |
CAP-102 |
|
Specialized Communication |
|
$ |
7,791 |
CAP-114 |
|
Environmental Technology Consortium |
|
$ |
6,298 |
CAP-116 |
|
Rike Hall Renovation - Planning |
|
$ |
2,200,000 |
CAP-117 |
|
Electrical Infrastructure - Phase 1 |
|
$ |
305,296 |
CAP-119 |
|
Science Lab Renovations - Planning |
|
$ |
5,898,819 |
CAP-120 |
|
Lake Campus University Center |
|
$ |
2,007,909 |
CAP-122 |
|
Accelerated Maturation of Materials |
|
$ |
26,621 |
CAP-124 |
|
Video Analysis Content Extraction |
|
$ |
81,834 |
CAP-127 |
|
Rehabilitate Festival Playhouse |
|
$ |
440,000 |
CAP-128 |
|
Glenn Helen Preserve Eco Art Classroom |
|
$ |
25,000 |
CAP-130 |
|
Creative Arts HVAC Upgrade |
|
$ |
5,300 |
CAP-131 |
|
Advanced Data Manager |
|
$ |
250,000 |
CAP-132 |
|
Montgomery County Port Authority |
|
$ |
1,000,000 |
Total Wright State University |
|
$ |
19,424,168 |
The amount reappropriated for the foregoing appropriation
item CAP-015, Basic Renovations, is the sum of the
unencumbered
and unallotted balance as of June 30, 2006, in
appropriation items
CAP-015, Basic Renovations; and CAP-071, New Academic Building.
LIBRARY ACCESS CONSOLIDATION SYSTEM
The amount reappropriated for the foregoing appropriation
item CAP-080,
Library Access Consolidation System, is the
sum of the unencumbered and unallotted balance as of June 30, 2006,
in
appropriation item CAP-080, Library Access Consolidation
System, plus $81,413.
Section 253.30. YSU YOUNGSTOWN STATE UNIVERSITY
CAP-014 |
|
Basic Renovations |
|
$ |
2,921,385 |
CAP-066 |
|
Asbestos Abatement |
|
$ |
48,154 |
CAP-099 |
|
Todd Hall Renovations |
|
$ |
146,979 |
CAP-108 |
|
Electronic Campus Infrastructure/Technology |
|
$ |
2,722 |
CAP-112 |
|
Beeghly Center Rehabilitation |
|
$ |
13,429 |
CAP-113 |
|
Campus Development |
|
$ |
1,430,337 |
CAP-114 |
|
Chiller and Steamline Replacement - Phase 3 |
|
$ |
92,003 |
CAP-117 |
|
Ward Beecher/HVAC Upgrade |
|
$ |
133,987 |
CAP-124 |
|
Classroom Updates |
|
$ |
155,948 |
CAP-125 |
|
Campus - Wide Building System Upgrades |
|
$ |
858,349 |
CAP-126 |
|
Technology Upgrades |
|
$ |
962,153 |
CAP-130 |
|
Residential Technology Integration |
|
$ |
34,072 |
CAP-131 |
|
Masonry Restoration |
|
$ |
111,580 |
CAP-132 |
|
Youngstown Convocation Center |
|
$ |
2,000,000 |
Total Youngstown State University |
|
$ |
8,911,098 |
The amount reappropriated for the foregoing appropriation item CAP-014, Basic Renovations, is the sum of the unencumbered and unallotted balance as of June 30, 2006, in appropriation item CAP-014, Basic Renovations, plus $33,680.
Section 253.40. MCO MEDICAL UNIVERSITY OF OHIO
CAP-049 |
|
Center for Classrooms of the Future |
|
$ |
5,169 |
CAP-053 |
|
ADA Modifications |
|
$ |
1,531 |
CAP-062 |
|
Waterproofing |
|
$ |
3,381 |
CAP-066 |
|
Core Research Facility |
|
$ |
3,739,440 |
CAP-076 |
|
Supplemental Renovations |
|
$ |
990,789 |
CAP-078 |
|
Clinical Academic Renovation |
|
$ |
536,150 |
CAP-080 |
|
2005 Campus Waterproof/Roof Replacements |
|
$ |
3,834 |
Total Medical University of Ohio |
|
$ |
5,280,294 |
Section 253.50. NEM NORTHEASTERN OHIO UNIVERSITIES COLLEGE OF
MEDICINE
CAP-018 |
|
Basic Renovations |
|
$ |
407,517 |
CAP-022 |
|
Cooperating Regional Library Depository |
|
$ |
452,200 |
CAP-042 |
|
Outdoor Athletic Facilities |
|
$ |
15,450 |
CAP-048 |
|
Rehabilitation of Multidisciplinary Labs |
|
$ |
1,346,879 |
CAP-049 |
|
Renovation of Liebelt and Olson Halls |
|
$ |
34,325 |
Total Northeastern Ohio Universities College of Medicine |
|
$ |
2,256,371 |
REHAB OF MULTIDISCIPLINARY LABS
The amount reappropriated for the foregoing appropriation item CAP-048, Rehabilitation of Multidisciplinary Labs, is the sum of the unencumbered and unallotted balances as of June 30, 2006, in appropriation items CAP-048, Rehabilitation of Multidisciplinary Labs and CAP-034, ADA Modifications, plus $928.
Section 253.60. CWR CASE WESTERN RESERVE UNIVERSITY
CAP-005 |
|
Northeast Ohio Biomedical Research Consortium |
|
$ |
33,750 |
CAP-013 |
|
Ohio MEMSnet |
|
$ |
17,579 |
CAP-016 |
|
Ohio Pharmacological Sciences Consortium |
|
$ |
9,892 |
CAP-022 |
|
Developing and Improving Institutional Animal Resources |
|
$ |
64,144 |
CAP-028 |
|
Ohio MicroMD: The Ohio BioMEMS Consortium on Medical Therapeutic Microdevices |
|
$ |
11,002 |
CAP-029 |
|
Consortium for Novel Microfabrication Methods of Mesoscale Devices in Non-Silicon Materials |
|
$ |
10,612 |
CAP-031 |
|
Research in Propulsion Systems for Future Vehicles |
|
$ |
31,738 |
CAP-032 |
|
Center for Fire & Explosion Science & Technology |
|
$ |
32,749 |
CAP-036 |
|
Ohio Eminent Scholar for Fuel Cells |
|
$ |
105,000 |
CAP-039 |
|
Ohio Organic Semiconductor Consortium |
|
$ |
67,749 |
CAP-042 |
|
Nanoscale Hybrid Materials: Novel Synthesis, Characterization and Applications |
|
$ |
1,080 |
CAP-043 |
|
Ohio Organic Semiconductor Consortium |
|
$ |
500 |
CAP-044 |
|
Stem Cell and Regenerative Medicine |
|
$ |
500,000 |
CAP-047 |
|
Condensed Matter Physics |
|
$ |
500,000 |
CAP-048 |
|
Center for Chemical Dynamics |
|
$ |
159,076 |
Total Case Western Reserve University |
|
$ |
1,544,871 |
Section 253.70. CTC CINCINNATI STATE TECHNICAL AND COMMUNITY
COLLEGE
CAP-008 |
|
Interior Renovations |
|
$ |
2,258 |
CAP-013 |
|
Basic Renovations |
|
$ |
1,161,143 |
CAP-016 |
|
Health Professions Building Planning |
|
$ |
1,468 |
CAP-017 |
|
Instructional and Data Processing Equipment |
|
$ |
361,277 |
CAP-030 |
|
Student Life/Education Building |
|
$ |
2,865,422 |
CAP-032 |
|
Child Care Facility |
|
$ |
63,235 |
CAP-035 |
|
Install Kiosks |
|
$ |
150,450 |
CAP-037 |
|
Classroom Technology Enhancements |
|
$ |
792,372 |
Total Cincinnati State Community College |
|
$ |
5,397,625 |
Section 253.80. CLT CLARK STATE COMMUNITY COLLEGE
CAP-006 |
|
Basic Renovations |
|
$ |
1,099,828 |
CAP-034 |
|
ADA Modifications |
|
$ |
28,451 |
CAP-041 |
|
Student Technology Center |
|
$ |
1,270,607 |
CAP-044 |
|
Child Care Matching Grant |
|
$ |
130,000 |
Total Clark State Community College |
|
$ |
2,528,886 |
Section 253.90. CTI COLUMBUS STATE COMMUNITY COLLEGE
CAP-006 |
|
Basic Renovations |
|
$ |
2,219,129 |
CAP-033 |
|
Child Care Facility |
|
$ |
89,510 |
CAP-040 |
|
Building "D" Planning |
|
$ |
2,285,557 |
CAP-043 |
|
Building "E" Planning |
|
$ |
1,022,862 |
CAP-053 |
|
Childcare Matching Grant |
|
$ |
75,000 |
Total Columbus State Community College |
|
$ |
5,692,058 |
The amount reappropriated for the foregoing appropriation item CAP-006, Basic Renovations, is the unencumbered and unallotted balance as of June 30, 2006, in appropriation item CAP-006, Basic Renovations, plus $3,662.
The amount reappropriated for the foregoing appropriation item CAP-040, Building "D" Planning, is the unencumbered and unallotted balance as of June 30, 2006, in appropriation item CAP-040, Building "D" Planning, plus $9,582.
The amount reappropriated for the foregoing appropriation item CAP-043, Building "E" Planning, is the sum of the unencumbered and unallotted balances as of June 30, 2006, in appropriation items CAP-043, Building "E" Planning, and CAP-037, Academic Center "C."
Section 254.10. CCC CUYAHOGA COMMUNITY COLLEGE
CAP-031 |
|
Basic Renovations |
|
$ |
2,907,779 |
CAP-064 |
|
Technology Learning Center - Western |
|
$ |
43,096 |
CAP-073 |
|
Noncredit Job Training |
|
$ |
7,177 |
CAP-076 |
|
Distance Learning |
|
$ |
139,287 |
CAP-079 |
|
Cleveland Art Museum - Improvements |
|
$ |
3,000,000 |
CAP-084 |
|
Literacy Initiative |
|
$ |
202,020 |
CAP-090 |
|
Building A Expansion Module - Western |
|
$ |
5,689,241 |
CAP-093 |
|
Corporate College East |
|
$ |
57,750 |
CAP-094 |
|
College-Wide Wayfinding Signage System |
|
$ |
1,067,510 |
CAP-095 |
|
College-Wide Asset Protection & Building |
|
$ |
1,491,522 |
CAP-096 |
|
Healthcare Technology Building - Eastern |
|
$ |
6,050,264 |
CAP-097 |
|
WVIZ Technical Center/Play House Square |
|
$ |
750,000 |
Total Cuyahoga Community College |
|
$ |
21,405,646 |
The amount reappropriated for the foregoing appropriation item CAP-031, Basic Renovations, is the sum of the unencumbered and unallotted balances as of June 30, 2006, in appropriation items CAP-031, Basic Renovations; CAP-087, Center for Nursing and Health Careers; CAP-088, Corporate College; and CAP-089, East I Renovations Phase 2 - Eastern.
Section 254.20. ESC EDISON STATE COMMUNITY COLLEGE
CAP-006 |
|
Basic Renovations |
|
$ |
649,311 |
CAP-011 |
|
Roadway Construction |
|
$ |
16,696 |
CAP-014 |
|
Student Activities Area |
|
$ |
13,398 |
CAP-018 |
|
Master Plan Update |
|
$ |
15,243 |
CAP-021 |
|
Student Services |
|
$ |
13,683 |
Total Edison State Community College |
|
$ |
708,331 |
Section 254.30. JTC JEFFERSON COMMUNITY COLLEGE
CAP-022 |
|
Basic Renovations |
|
$ |
210,806 |
CAP-031 |
|
Law Enforcement/Engineering Lab Renovations |
|
$ |
56,172 |
CAP-041 |
|
Campus Master Plan |
|
$ |
189,442 |
Total Jefferson Community College |
|
$ |
456,420 |
Section 254.40. LCC LAKELAND COMMUNITY COLLEGE
CAP-006 |
|
Basic Renovations |
|
$ |
1,148,687 |
CAP-036 |
|
Noncredit Job Training |
|
$ |
172,170 |
CAP-037 |
|
Building East End Project |
|
$ |
985,000 |
CAP-038 |
|
HVAC Upgrades/Rehabilitation |
|
$ |
960,300 |
CAP-040 |
|
Roadway and Drainage Improvements |
|
$ |
77,084 |
CAP-043 |
|
Mooreland Educational Center Rehabilitation |
|
$ |
65,150 |
CAP-044 |
|
Industrial Skills Training Program |
|
$ |
178,200 |
CAP-045 |
|
Instructional Use Building |
|
$ |
2,433,264 |
Total Lakeland Community College |
|
$ |
6,019,855 |
Section 254.50. LOR LORAIN COUNTY COMMUNITY COLLEGE
CAP-005 |
|
Basic Renovations |
|
$ |
909,693 |
CAP-042 |
|
Virtual Lab Courses |
|
$ |
84,970 |
CAP-043 |
|
Great Lakes Business Growth Center |
|
$ |
435,000 |
CAP-044 |
|
Learning Technology Center |
|
$ |
8,857,919 |
Total Lorain County Community College |
|
$ |
10,287,582 |
The amount reappropriated for the foregoing appropriation item CAP-005, Basic Renovation, is the sum of the unencumbered and unallotted balance as of June 30, 2006, in appropriation item CAP-005, Basic Renovations, plus $23,600.
Section 254.60. NTC NORTHWEST STATE COMMUNITY COLLEGE
CAP-003 |
|
Basic Renovations |
|
$ |
525,209 |
CAP-013 |
|
Classroom
& Engineering Building |
|
$ |
9,917 |
CAP-022 |
|
Branch Campus Facility |
|
$ |
400,000 |
Total Northwest State Community
College |
|
$ |
935,126 |
Section 254.70. OTC OWENS COMMUNITY COLLEGE
CAP-019 |
|
Basic Renovations |
|
$ |
1,490,497 |
CAP-037 |
|
Education Center |
|
$ |
5,463 |
CAP-039 |
|
Services Building Phase 2 - Finley |
|
$ |
3,160,268 |
Total Owens Community College |
|
$ |
4,656,228 |
Section 254.80. RGC RIO GRANDE COMMUNITY COLLEGE
CAP-005 |
|
Basic Renovations |
|
$ |
1,027,918 |
CAP-012 |
|
Instructional and Data Processing Equipment |
|
$ |
72,035 |
CAP-013 |
|
College of Business |
|
$ |
998 |
CAP-022 |
|
Child Care Facility |
|
$ |
35,000 |
CAP-025 |
|
Student and Community Center |
|
$ |
125,000 |
CAP-026 |
|
Supplemental Renovations |
|
$ |
200,000 |
Total Rio Grande Community College |
|
$ |
1,460,951 |
Section 254.90. SCC SINCLAIR COMMUNITY COLLEGE
CAP-007 |
|
Basic Renovations |
|
$ |
1,691,235 |
CAP-034 |
|
Advanced Educational Applications Center - Phase I |
|
$ |
40,000 |
CAP-042 |
|
Autolab/Fire Science Facility |
|
$ |
3,500 |
CAP-055 |
|
Distance Learning |
|
$ |
1,870 |
CAP-056 |
|
Information Literacy |
|
$ |
300,053 |
CAP-061 |
|
Accelerated Product Development |
|
$ |
500,000 |
Total Sinclair Community College |
|
$ |
2,536,658 |
Section 255.10. SOC SOUTHERN STATE COMMUNITY COLLEGE
CAP-010 |
|
Basic Renovations |
|
$ |
81,365 |
CAP-011 |
|
Supplemental Renovations |
|
$ |
100,000 |
Total Southern State Community College |
|
$ |
181,365 |
Section 255.20. TTC TERRA STATE COMMUNITY COLLEGE
CAP-009 |
|
Basic Renovations |
|
$ |
294,222 |
CAP-015 |
|
Child Care Facility |
|
$ |
166,148 |
CAP-018 |
|
Nursing Online |
|
$ |
3,873 |
CAP-020 |
|
New Health and Science Building |
|
$ |
2,967,947 |
Total Terra State Community College |
|
$ |
3,432,190 |
Section 255.30. WTC WASHINGTON STATE COMMUNITY COLLEGE
CAP-006 |
|
Basic Renovations |
|
$ |
231,224 |
CAP-009 |
|
Instructional and Data Processing Equipment |
|
$ |
92,363 |
CAP-012 |
|
ADA Modifications |
|
$ |
14,575 |
CAP-019 |
|
Industrial Certifications |
|
$ |
4,000 |
CAP-020 |
|
Child Care Matching Grant |
|
$ |
43,000 |
Total Washington State Community College |
|
$ |
385,162 |
Section 255.40. BTC BELMONT TECHNICAL COLLEGE
CAP-008 |
|
Basic Renovations |
|
$ |
813,671 |
CAP-014 |
|
Main Building Renovation - Phase 3 |
|
$ |
49,137 |
CAP-016 |
|
Industrial and Data Processing Equipment |
|
$ |
85,628 |
CAP-019 |
|
ADA Modifications |
|
$ |
49,915 |
Total Belmont Technical College |
|
$ |
998,351 |
Section 255.50. COT CENTRAL OHIO TECHNICAL COLLEGE
CAP-003 |
|
Basic Renovations |
|
$ |
9,857 |
CAP-013 |
|
Hopewell Hall Science Suite |
|
$ |
354,765 |
CAP-014 |
|
Founders Hopewell Halls |
|
$ |
5,158 |
Total Central Ohio Technical College |
|
$ |
369,780 |
Section 255.60. HTC HOCKING TECHNICAL COLLEGE
CAP-019 |
|
Basic Renovations |
|
$ |
638,185 |
CAP-024 |
|
Building Addition |
|
$ |
5,270 |
CAP-027 |
|
Instructional and Data Processing Equipment |
|
$ |
288,546 |
CAP-028 |
|
College Hall Rehabilitation |
|
$ |
3,769 |
CAP-032 |
|
Public Safety Service |
|
$ |
57,065 |
CAP-033 |
|
Light and Oakley Halls |
|
$ |
41,129 |
CAP-039 |
|
Student Services |
|
$ |
9,752 |
CAP-041 |
|
Flexible Manufacturing Center |
|
$ |
205,000 |
CAP-042 |
|
McClenaghan Center Expansion |
|
$ |
1,283,437 |
CAP-044 |
|
Hocking College Fire and Emergency Training Center |
|
$ |
250,000 |
Total Hocking Technical College |
|
$ |
2,782,153 |
Section 255.70. LTC JAMES RHODES STATE COLLEGE
CAP-004 |
|
Basic Renovations |
|
$ |
1,123,167 |
CAP-006 |
|
Building Renovations |
|
$ |
5,000 |
CAP-007 |
|
Training and Education Facility |
|
$ |
79,934 |
CAP-008 |
|
Instructional and Data Processing Equipment |
|
$ |
290,732 |
CAP-009 |
|
Life and Physical Sciences |
|
$ |
10,133 |
Total James Rhodes State College |
|
$ |
1,508,965 |
Section 255.80. MAT ZANE STATE COLLEGE
CAP-007 |
|
Basic Renovations |
|
$ |
498,234 |
CAP-017 |
|
Basic Capacity Grant |
|
$ |
1,390,645 |
CAP-021 |
|
Lighting/HVAC Replacement |
|
$ |
175,000 |
Total Zane State College |
|
$ |
2,063,879 |
Section 255.90. MTC MARION TECHNICAL COLLEGE
CAP-004 |
|
Basic Renovations |
|
$ |
103,485 |
CAP-006 |
|
Instructional and Data Processing Equipment |
|
$ |
71,786 |
CAP-012 |
|
Technical Education Center |
|
$ |
38,622 |
Total Marion Technical College |
|
$ |
213,893 |
Section 256.10. NCC NORTH CENTRAL TECHNICAL COLLEGE
CAP-003 |
|
Basic Renovations |
|
$ |
586,030 |
CAP-009 |
|
ADA Modifications |
|
$ |
25,000 |
CAP-013 |
|
Engineering Center Renovation |
|
$ |
6,272 |
CAP-014 |
|
Kee Hall Roof Replacement |
|
$ |
509,000 |
CAP-015 |
|
Richland/Braintree Incubator |
|
$ |
250,000 |
CAP-018 |
|
Fallerius Center Rehabilitation |
|
$ |
482,406 |
Total North Central Technical College |
|
$ |
1,858,708 |
The amount reappropriated for the foregoing appropriation item CAP-003, Basic Renovations, is the sum of the unencumbered and unallotted balance as of June 30, 2006, in appropriation item CAP-003, Basic Renovations, plus $5,563.
FALLERIUS CENTER REHABILITATION
The amount reappropriated for the foregoing appropriation item CAP-018, Fallerius Center Rehabilitation, is the sum of the unencumbered and unallotted balance as of June 30, 2006, in appropriation item CAP-018, Fallerius Center Phase II Rehabilitation, plus $7,797.
Section 256.20. STC STARK TECHNICAL COLLEGE
CAP-004 |
|
Basic Renovations |
|
$ |
496,210 |
CAP-027 |
|
Information Technology Learning Center |
|
$ |
921 |
CAP-037 |
|
Fuel Cell Initiative |
|
$ |
2,862 |
CAP-038 |
|
General Study Faculty Offices |
|
$ |
1,378,892 |
Total Stark Technical College |
$ |
1,878,885 |
TOTAL HIGHER EDUCATION IMPROVEMENT FUND |
|
$ |
491,713,902 |
Section 256.30. For all of the foregoing appropriation items
from the Higher Education Improvement Fund (Fund 034) that require
local funds to be contributed by any state-supported or
state-assisted institution of higher education, the Board of
Regents shall not recommend that any funds be released until the
recipient institution demonstrates to the Board of Regents and the
Office of Budget and Management that the local funds contribution
requirement has been secured or satisfied. The local funds shall
be in addition to the foregoing appropriations.
Section 256.40. None of the foregoing capital improvements
appropriations for state-supported or state-assisted institutions
of higher education shall be expended until the particular
appropriation has been recommended for release by the Board of
Regents and released by the Director of Budget and Management or
the Controlling Board. Either the institution concerned, or the
Board of Regents with the concurrence of the institution
concerned, may initiate the request to the Director of Budget and
Management or the Controlling Board for the release of the
particular appropriations.
Section 256.50. (A) No capital improvement appropriations made
in Sections 251.30 to 256.80, 289.10, 289.20, 291.10, and 291.20 of this act shall be released for
planning or for
improvement, renovation, construction, or
acquisition of capital
facilities if the institution of higher
education or the state
does not own the real property on which the
capital facilities are
or will be located. This restriction does
not apply in any of the
following circumstances:
(1) The institution has a long-term (at least fifteen years)
lease of, or other interest (such as an easement) in, the real
property.
(2) The Board of Regents certifies to the Controlling Board
that undue delay will occur if planning does not proceed while the
property or property interest acquisition process continues. In
this case,
funds may be released upon approval of the Controlling
Board to
pay for planning through the development of schematic
drawings
only.
(3) In the case of an appropriation for capital facilities
that, because of their unique nature or location, will be owned or
will be part of facilities owned by a separate nonprofit
organization or public body and made available to the
institution of higher education for its use, the nonprofit
organization or public body either owns or has a long-term (at
least fifteen years) lease of the real property or other capital
facility to be improved, renovated, constructed, or acquired and
has entered into a joint or cooperative use agreement, approved by
the Board of Regents, with the institution of higher education
that meets the requirements of division (C) of this section.
(B) Any foregoing appropriations which require cooperation
between a technical college and a branch campus of a university
may be released by the Controlling Board upon recommendation by
the Board of Regents that the facilities proposed by the
institutions are:
(1) The result of a joint planning effort by the university
and the technical college, satisfactory to the Board of Regents;
(2) Facilities that will meet the needs of the region in
terms of technical and general education, taking into
consideration the totality of facilities which will be available
after the completion of these projects;
(3) Planned to permit maximum joint use by the university and
technical college of the totality of facilities which will be
available upon their completion;
(4) To be located on or adjacent to the branch campus of the
university.
(C) In the case of capital
facilities referred to in division (A)(3) of this section, the
joint or cooperative use agreements shall include, as a minimum,
provisions that:
(1) Specify the extent and nature of that joint or
cooperative use, extending for not fewer than fifteen years, with
the value of such use or right to use to be, as determined by the
parties and approved by the Board of Regents, reasonably related
to the amount of the appropriations;
(2) Provide for pro rata reimbursement to the state should
the arrangement for joint or cooperative use be terminated;
(3) Provide that procedures to be followed during the capital
improvement process will comply with appropriate applicable state
laws and rules, including provisions of this act;
(4) Provide for payment or reimbursement to the institution
of its administrative costs incurred as a result of the facilities
project, not to exceed 1.5 per cent of the appropriated amount.
(D) Upon the recommendation of the Board of Regents, the
Controlling Board may approve the transfer of appropriations for
projects requiring cooperation between institutions from one
institution to another institution, with the approval of both
institutions.
(E) Notwithstanding section 127.14 of the Revised Code, the
Controlling Board, upon the recommendation of the Board of
Regents, may transfer amounts appropriated to the Board of Regents
to accounts of state-supported or state-assisted institutions
created for that same purpose.
Section 256.60. The requirements of Chapters 123. and 153. of
the Revised Code, with respect to the powers and duties of the
Director of Administrative Services in the procedure for and award
of contracts for capital improvement projects, and the
requirements of section 127.16 of the Revised Code, with respect
to the Controlling Board, do not apply to projects of community
college districts and technical college districts.
Section 256.70. Those institutions locally administering
capital
improvement projects pursuant to sections 3345.50 and 3345.51 of the
Revised
Code may:
(A) Establish charges for recovering costs directly related
to project administration as defined by the Director of
Administrative Services. The Department of Administrative
Services shall review and approve these administrative charges
when such charges are in excess of 1.5 per cent of the total
construction budget.
(B) Seek reimbursement from state capital appropriations to
the institution for the in-house design services performed by the
institution for such capital projects. Acceptable charges shall
be limited to design document preparation work that is done by the
institution. These reimbursable design costs shall be shown as
"A/E fees" within the project's budget that is submitted to the
Controlling Board or the Director of Budget and Management as part
of a request for release of funds. The reimbursement for in-house
design may not exceed seven per cent of the estimated construction
cost.
Section 256.80. The Board of Regents shall adopt rules regarding the release of moneys from all the foregoing appropriations for capital facilities for all state-supported and state-assisted institutions of higher education.
Section 259.10. All items set forth in this section are hereby
appropriated out
of any moneys in the state treasury to the credit
of the Parks and Recreation
Improvement Fund (Fund 035) that are not otherwise appropriated:
DNR DEPARTMENT OF NATURAL RESOURCES
CAP-004 |
|
Burr Oak State Park |
|
$ |
177,314 |
CAP-005 |
|
Cowan Lake State Park |
|
$ |
3,680 |
CAP-011 |
|
Findley State Park |
|
$ |
22,856 |
CAP-012 |
|
Land Acquisition |
|
$ |
243,663 |
CAP-016 |
|
Hueston Woods State Park |
|
$ |
5,733 |
CAP-017 |
|
Indian Lake State Park |
|
$ |
15,388 |
CAP-019 |
|
Lake Hope State Park |
|
$ |
7,276 |
CAP-025 |
|
Punderson State Park |
|
$ |
6,263 |
CAP-029 |
|
Salt Fork State Park |
|
$ |
799 |
CAP-045 |
|
Mary J. Thurston State Park Marina/Dock |
|
$ |
301,000 |
CAP-051 |
|
Buck Creek State Park |
|
$ |
750 |
CAP-064 |
|
Geneva State Park |
|
$ |
24,592 |
CAP-069 |
|
Hocking Hills State Park |
|
$ |
525 |
CAP-093 |
|
Portage Lakes State Park |
|
$ |
143,310 |
CAP-113 |
|
East Harbor State Park Shoreline Stabilization |
|
$ |
850,000 |
CAP-162 |
|
Shawnee State Park |
|
$ |
760 |
CAP-205 |
|
Deer Creek State Park |
|
$ |
128,551 |
CAP-234 |
|
State Parks Campgrounds, Lodges, and Cabins |
|
$ |
4,169,570 |
CAP-331 |
|
Park Boating Facilities |
|
$ |
9,195,011 |
CAP-390 |
|
State Park Maintenance Facility Development |
|
$ |
737,751 |
CAP-701 |
|
Buckeye Lake Dam Rehabilitation |
|
$ |
4,000,000 |
CAP-702 |
|
Upgrade Underground Storage Tanks |
|
$ |
247,976 |
CAP-703 |
|
Cap Abandoned Water Wells |
|
$ |
1,495 |
CAP-716 |
|
Muskingum River Lock and Dam |
|
$ |
180,000 |
CAP-718 |
|
Grand Lake St. Mary's State Park |
|
$ |
451,882 |
CAP-719 |
|
Indian Lake State Park |
|
$ |
16,480 |
CAP-727 |
|
Riverfront Improvements |
|
$ |
1,005,000 |
CAP-744 |
|
Multi-Agency Radio Communication Equipment |
|
$ |
425,000 |
CAP-748 |
|
Local Parks Projects |
|
$ |
1,228,825 |
CAP-787 |
|
Scioto Riverfront Improvements |
|
$ |
33,861 |
CAP-790 |
|
Paint Creek State Park Campground Electricity |
|
$ |
2,300 |
CAP-821 |
|
State Park Dredging and Shoreline Protection |
|
$ |
14,000 |
CAP-827 |
|
Cuyahoga Valley Scenic Railroad |
|
$ |
1,000,000 |
CAP-845 |
|
Caesar Creek State Park |
|
$ |
109,575 |
CAP-848 |
|
Hazardous Dam Repair/Statewide |
|
$ |
1,325,000 |
CAP-876 |
|
Statewide Trails Program |
|
$ |
1,889,848 |
CAP-927 |
|
Mohican State Park |
|
$ |
72,470 |
CAP-928 |
|
Handicapped Accessibility |
|
$ |
50,000 |
CAP-929 |
|
Hazardous Waste/Asbestos Abatement |
|
$ |
49,383 |
CAP-931 |
|
Wastewater/Water Systems Upgrade |
|
$ |
3,604,700 |
Total Department of Natural Resources |
|
$ |
31,742,587 |
TOTAL Parks and Recreation Improvement Fund |
|
$ |
31,742,587 |
Section 259.20. RIVERFRONT IMPROVEMENTS
Of the foregoing reappropriation item CAP-727, Riverfront Improvements, $1,000,000 shall be used for the Riverfront West Park Development - Cincinnati Park Board, Hamilton County.
The following projects shall be funded from the foregoing reappropriation item CAP-748, Local Parks Projects: $50,000 for Liberty Township Playground project; $25,000 for the Cleveland Police and Firefighters Memorial Park project; $750,000 for the Banks Park project; $25,000 for the Early Hill Park project; $10,000 for the Wellington Soccer Field Park project; and $10,000 for the Greenwich Township Baseball Field Park Improvements project.
Of the foregoing reappropriation item CAP-876, Statewide Trails Program, $16,500 shall be used for the South Milford Road Bike Trail Project.
All reimbursements received from the federal government for
any expenditures made pursuant to Sections 259.10 and 259.20 of this act shall be deposited
in the state treasury to the credit of the Parks and Recreation
Improvement Fund.
Section 259.30. For the appropriations in Section 259.10 of this act, the Department of Natural Resources shall periodically prepare and submit to the Director of Budget and Management the estimated design, planning, and engineering costs of capital-related work to be done by the Department of Natural Resources for each project. Based on the estimates, the Director of Budget and Management may release appropriations from the foregoing appropriation item CAP-753, Project Planning, within the Parks and Recreation Improvement Fund (Fund 035), to pay for design, planning, and engineering costs incurred by the Department of Natural Resources for the projects. Upon release of the appropriations by the Director of Budget and Management, the Department of Natural Resources shall pay for these expenses from the Parks Capital Expenses Fund (Fund 227), and be reimbursed by the Parks and Recreation Improvement Fund (Fund 035) using an intrastate voucher.
Section 259.40. (A) No capital improvement appropriations made
in Sections 249.20 to 249.40 of this act shall be released for planning or for
improvement, renovation, construction, or acquisition of capital
facilities if a governmental agency, as defined in section 154.01
of the Revised Code, does not own the real property that
constitutes the capital facilities or on which the capital
facilities are or will be located. This restriction does not apply
in any of the following circumstances:
(1) The governmental agency has a long-term (at least fifteen
years) lease of, or other interest (such as an easement) in, the
real property.
(2) In the case of an appropriation for capital facilities
for parks and recreation that, because of their unique nature or
location, will be owned or will be part of facilities owned by a
separate nonprofit organization and made available to the
governmental agency for its use, the
nonprofit organization either owns or has a long-term (at least
fifteen years) lease of the real property or other capital
facility to be improved, renovated, constructed, or acquired and
has entered into a joint or cooperative use agreement, approved by
the Department of Natural Resources, with the governmental agency
for that agency's use of and right to use the capital facilities
to be financed and, if applicable, improved, the value of such use
or right to use being, as determined by the parties, reasonably
related to the amount of the appropriation.
(B) In the case of capital facilities referred to in division
(A)(2) of this section, the joint or cooperative use agreement
shall include, as a minimum, provisions that:
(1) Specify the extent and nature of that joint or
cooperative use, extending for not fewer than fifteen years, with
the value of such use or right to use to be, as determined by the
parties and approved by the applicable department, reasonably
related to the amount of the appropriation;
(2) Provide for pro rata reimbursement to the state should
the arrangement for joint or cooperative use by a governmental
agency be terminated; and
(3) Provide that procedures to be followed during the capital
improvement process will comply with appropriate applicable state
laws and rules, including provisions of this act.
Section 263.10. All items set forth in this section are hereby
appropriated out of any moneys in the state treasury to the credit
of the State Capital Improvements Fund (Fund 038) that are not otherwise appropriated:
PWC PUBLIC WORKS COMMISSIONOhio Small Government Capital Improvement Commission
CAP-150 |
|
Local Public Infrastructure |
|
$ |
6,650,225 |
CIF-000 |
|
Ohio Small Government Capital Improvement |
|
$ |
25,422,212 |
CIF-001 |
|
Infrastructure - District 1 |
|
$ |
31,170,885 |
CIF-002 |
|
Infrastructure - District 2 |
|
$ |
12,243,374 |
CIF-003 |
|
Infrastructure - District 3 |
|
$ |
21,652,949 |
CIF-004 |
|
Infrastructure - District 4 |
|
$ |
11,447,335 |
CIF-005 |
|
Infrastructure - District 5 |
|
$ |
8,542,288 |
CIF-006 |
|
Infrastructure - District 6 |
|
$ |
10,958,857 |
CIF-007 |
|
Infrastructure - District 7 |
|
$ |
12,155,980 |
CIF-008 |
|
Infrastructure - District 8 |
|
$ |
12,272,116 |
CIF-009 |
|
Infrastructure - District 9 |
|
$ |
7,541,982 |
CIF-010 |
|
Infrastructure - District 10 |
|
$ |
20,352,120 |
CIF-011 |
|
Infrastructure - District 11 |
|
$ |
11,000,253 |
CIF-012 |
|
Infrastructure - District 12 |
|
$ |
9,703,960 |
CIF-013 |
|
Infrastructure - District 13 |
|
$ |
6,051,165 |
CIF-014 |
|
Infrastructure - District 14 |
|
$ |
5,871,489 |
CIF-015 |
|
Infrastructure - District 15 |
|
$ |
8,298,905 |
CIF-016 |
|
Infrastructure - District 16 |
|
$ |
11,218,488 |
CIF-017 |
|
Infrastructure - District 17 |
|
$ |
8,580,458 |
CIF-018 |
|
Infrastructure - District 18 |
|
$ |
7,050,617 |
CIF-019 |
|
Infrastructure - District 19 |
|
$ |
9,556,745 |
CIF-020 |
|
Emergency Set Aside |
|
$ |
4,616,381 |
CIF-021 |
|
Small Counties Program |
|
$ |
381,676 |
Total Public Works Commission |
|
$ |
262,740,460 |
TOTAL State Capital Improvement Fund |
|
$ |
262,740,460 |
The appropriations in this section
shall be used in
accordance with sections 164.01
to 164.12 of the Revised Code.
All
expenditures made from these
appropriations shall be approved
by
the Director of the Public
Works Commission. The Director of
the
Public Works Commission
shall not allocate funds in amounts
greater than those amounts
appropriated by the General Assembly.
Section 265.10. All items set forth in this section are hereby
appropriated out
of any moneys in the state treasury to the credit
of the State
Capital Improvements Revolving Loan Fund (Fund 040)
and
derived from repayments of loans made to local
subdivisions
for
capital
improvements, investment earnings on
moneys in the
fund,
and
moneys obtained from federal or private
grants or from
other
sources for the purpose of making loans for
the purpose of
financing or assisting in the financing of the cost
of capital
improvement projects of local subdivisions:
PWC PUBLIC WORKS COMMISSION
CAP-151 |
|
Revolving Loan |
|
$ |
509,862 |
RLF-001 |
|
Revolving Loan Fund-District 1 |
|
$ |
8,126,096 |
RLF-002 |
|
Revolving Loan Fund-District 2 |
|
$ |
5,380,729 |
RLF-003 |
|
Revolving Loan Fund-District 3 |
|
$ |
8,530,418 |
RLF-004 |
|
Revolving Loan Fund-District 4 |
|
$ |
4,146,430 |
RLF-005 |
|
Revolving Loan Fund-District 5 |
|
$ |
2,409,654 |
RLF-006 |
|
Revolving Loan Fund-District 6 |
|
$ |
2,262,865 |
RLF-007 |
|
Revolving Loan Fund-District 7 |
|
$ |
2,979,413 |
RLF-008 |
|
Revolving Loan Fund-District 8 |
|
$ |
2,284,775 |
RLF-009 |
|
Revolving Loan Fund-District 9 |
|
$ |
2,373,304 |
RLF-010 |
|
Revolving Loan Fund-District 10 |
|
$ |
3,934,237 |
RLF-011 |
|
Revolving Loan Fund-District 11 |
|
$ |
2,606,192 |
RLF-012 |
|
Revolving Loan Fund-District 12 |
|
$ |
3,766,538 |
RLF-013 |
|
Revolving Loan Fund-District 13 |
|
$ |
1,194,287 |
RLF-014 |
|
Revolving Loan Fund-District 14 |
|
$ |
1,811,638 |
RLF-015 |
|
Revolving Loan Fund-District 15 |
|
$ |
1,483,685 |
RLF-016 |
|
Revolving Loan Fund-District 16 |
|
$ |
2,576,025 |
RLF-017 |
|
Revolving Loan Fund-District 17 |
|
$ |
2,410,368 |
RLF-018 |
|
Revolving Loan Fund-District 18 |
|
$ |
2,692,408 |
RLF-019 |
|
Revolving Loan Fund-District 19 |
|
$ |
1,984,226 |
RLF-020 |
|
Small Government Program |
|
$ |
2,030,053 |
RLF-021 |
|
Emergency Program |
|
$ |
153,272 |
Total Public Works Commission |
|
$ |
65,646,475 |
TOTAL State Capital Improvements Revolving Loan Fund |
|
$ |
65,646,475 |
The appropriations in this section shall be used in
accordance
with sections 164.01 to 164.12 of the Revised Code.
All
expenditures made from these appropriations shall be approved
by
the Director of the Public Works Commission. The Director of
the
Public Works Commission shall not allocate funds in amounts
greater than those amounts appropriated by the General Assembly.
Section 265.20. All items set forth in this section
are hereby
appropriated out of any moneys in the state treasury to
the credit
of the Clean Ohio Conservation Fund (Fund 056) that are not otherwise appropriated:
PWC PUBLIC WORKS COMMISSION
COF-001 |
|
Clean Ohio-District 1 |
|
$ |
4,283,924 |
COF-002 |
|
Clean Ohio-District 2 |
|
$ |
2,156,940 |
COF-003 |
|
Clean Ohio-District 3 |
|
$ |
4,871,620 |
COF-004 |
|
Clean Ohio-District 4 |
|
$ |
1,883,778 |
COF-005 |
|
Clean Ohio-District 5 |
|
$ |
2,526,379 |
COF-006 |
|
Clean Ohio-District 6 |
|
$ |
1,814,066 |
COF-007 |
|
Clean Ohio-District 7 |
|
$ |
477,005 |
COF-008 |
|
Clean Ohio-District 8 |
|
$ |
1,654,808 |
COF-009 |
|
Clean Ohio-District 9 |
|
$ |
101,338 |
COF-010 |
|
Clean Ohio-District 10 |
|
$ |
2,158,673 |
COF-011 |
|
Clean Ohio-District 11 |
|
$ |
2,601,882 |
COF-012 |
|
Clean Ohio-District 12 |
|
$ |
884,124 |
COF-013 |
|
Clean Ohio-District 13 |
|
$ |
2,746,579 |
COF-014 |
|
Clean Ohio-District 14 |
|
$ |
4,056,729 |
COF-015 |
|
Clean Ohio-District 15 |
|
$ |
1,987,710 |
COF-016 |
|
Clean Ohio-District 16 |
|
$ |
2,772,449 |
COF-017 |
|
Clean Ohio-District 17 |
|
$ |
2,862,321 |
COF-018 |
|
Clean Ohio-District 18 |
|
$ |
3,096,644 |
COF-019 |
|
Clean Ohio-District 19 |
|
$ |
379,417 |
Total Public Works Commission |
|
$ |
43,316,386 |
TOTAL Clean Ohio Conservation Fund |
|
$ |
43,316,386 |
Section 267.10. All items set forth in this section are hereby
appropriated out of any moneys in the state treasury to the credit
of the Clean Ohio Agricultural Easement Fund (Fund 057) that are not otherwise appropriated:
AGR DEPARTMENT OF AGRICULTURE
CAP-047 |
|
Clean Ohio Agricultural Easement |
|
$ |
5,892,856 |
Total Department of Agriculture |
|
$ |
5,892,856 |
TOTAL Clean Ohio Agricultural Easement Fund |
|
$ |
5,892,856 |
AGRICULTURAL EASEMENT PURCHASE
The foregoing appropriation item CAP-047, Clean Ohio
Agricultural Easement, shall be used in accordance with
sections 901.21, 901.22, and 5301.67 to 5301.70 of the Revised
Code.
Section 269.10. All items set forth in this section are hereby
appropriated out of any moneys in the state treasury to the credit
of the Clean Ohio Trail Fund (Fund 061) that are not otherwise appropriated:
DNR DEPARTMENT OF NATURAL RESOURCES
CAP-014 |
|
Clean Ohio Trail Fund |
|
$ |
6,344,000 |
Total Department of Natural Resources |
|
$ |
6,344,000 |
TOTAL Clean Ohio Trail Fund |
|
$ |
6,344,000 |
Section 269.20. CLEAN OHIO TRAIL
The amount reappropriated for the foregoing appropriation item CAP-014, Clean Ohio Trail, is $700,000 plus the unencumbered and unallotted balance as of June 30, 2006, in item CAP-014, Clean Ohio Trail. The $700,000 represents amounts that were previously appropriated, allocated to nonprofit organizations and local political subdivisions pursuant to division (C) of section 1519.05 of the Revised Code, and encumbered for local project grants. The encumbrances for these local projects shall be cancelled by the Director of Natural Resources or the Director of Budget and Management. The Director of Natural Resources shall allocate the $700,000 to new local project grants meeting the requirements of section 1519.05 of the Revised Code.
Section 271.10. All items set forth in this section are hereby appropriated out of any moneys in the state treasury to the credit of the Clean Ohio Revitalization Fund (Fund 003) that are not otherwise appropriated:
DEV DEPARTMENT OF DEVELOPMENT
CAP-001 |
|
Clean Ohio Revitalization |
|
$ |
43,000,000 |
CAP-002 |
|
Clean Ohio Assistance |
|
$ |
10,000,000 |
Total Department of Development |
|
$ |
53,000,000 |
TOTAL Clean Ohio Assistance Fund |
|
$ |
53,000,000 |
Section 271.20. CLEAN OHIO REVITALIZATION
The Treasurer of State is hereby authorized to issue and sell, in accordance with Section 2o of Article VIII, Ohio Constitution, and pursuant to sections 151.01 and 151.40 of the Revised Code, original obligations in an aggregate principal amount not to exceed $50,000,000, in addition to the original issuance of obligations heretofore authorized by prior acts of the General Assembly. These authorized obligations shall be issued and sold from time to time, subject to applicable constitutional and statutory limitations, as needed to ensure sufficient moneys to the credit of the Clean Ohio Revitalization Fund (Fund 003) to pay costs of revitalization projects.
Section 273.10. All items set forth in this section are hereby appropriated out of any moneys in the state treasury to the credit of the Job Ready Sites Fund (Fund 012) that are not otherwise appropriated:
DEV DEPARTMENT OF DEVELOPMENT
CAP-003 |
|
Job Ready Sites |
|
$ |
30,000,000 |
Total Department of Development |
|
$ |
30,000,000 |
TOTAL Job Ready Sites Fund |
|
$ |
30,000,000 |
Section 273.20. JOB READY SITES DEVELOPMENT
The Ohio Public Facilities Commission, upon request of the Department of Development, is hereby authorized to issue and sell, in accordance with Section 2p of Article VIII, Ohio Constitution, and pursuant to sections 151.01 and 151.11 of the Revised Code, original obligations of the State of Ohio in an aggregate amount not to exceed $30,000,000 in addition to the original issuance of obligations heretofore authorized by prior acts of the General Assembly. These authorized obligations shall be issued and sold from time to time, subject to applicable constitutional and statutory limitations, as needed to ensure sufficient moneys to the credit of the Job Ready Sites Fund (Fund 012) to pay costs of sites and facilities.
Section 275.10. All items set forth in this section are hereby appropriated out of any moneys in the state treasury to the credit of the Public School Building Fund (Fund 021) that are not otherwise appropriated:
SFC SCHOOL FACILITIES COMMISSION
CAP-622 |
|
Public School Building |
|
$ |
80,000,000 |
Total School Facilities Commission |
|
$ |
80,000,000 |
TOTAL Public School Building Fund |
|
$ |
80,000,000 |
Section 277.10. All items set forth in this section are hereby appropriated out of any moneys in the state treasury to the credit of the Administrative Building Fund (Fund 026) that are not otherwise appropriated:
CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD
CAP-020 |
|
Cupola Gutters and Ancillary Roof Improvements |
|
$ |
380,000 |
CAP-021 |
|
Exterior Walkway Plaza Repairs |
|
$ |
1,159,000 |
CAP-023 |
|
ADA Specific Sidewalk Ramp Replacement |
|
$ |
71,500 |
Total Capitol Square Review and Advisory Board |
|
$ |
1,610,500 |
EXP EXPOSITIONS COMMISSION
CAP-073 |
|
Asset Procurement |
|
$ |
500,000 |
Total Expositions Commission |
|
$ |
500,000 |
DNR DEPARTMENT OF NATURAL RESOURCES
CAP-744 |
|
MARCS Equipment |
|
$ |
1,000,000 |
Total Department of Natural Resources |
|
$ |
1,000,000 |
TOTAL Administrative Building Fund |
|
$ |
3,110,500 |
Section 277.20. ADMINISTRATIVE BUILDINGS
The Ohio Building Authority is hereby authorized to issue and sell, in accordance with Section 2i of Article VIII, Ohio Constitution, and Chapter 152. and other applicable sections of the Revised Code, original obligations in an aggregate principal amount not to exceed $4,000,000 in addition to the original issuance of obligations heretofore authorized by prior acts of the General Assembly. These authorized obligations shall be issued and sold from time to time, subject to applicable constitutional and statutory limitations, as needed to ensure sufficient moneys to the credit of the Administrative Building Fund (Fund 026) to pay costs of authorized capital facilities.
Section 279.10. All items set forth in this section are hereby appropriated out of any moneys in the state treasury to the credit of the Adult Correctional Building Fund (Fund 027) that are not otherwise appropriated:
DRC DEPARTMENT OF REHABILITATION AND CORRECTION
CAP-008 |
|
Powerhouse/Utility Improvements |
|
$ |
1,147,237 |
CAP-009 |
|
Water System/Plant Improvements |
|
$ |
3,510,000 |
CAP-017 |
|
Security Improvements - Statewide |
|
$ |
7,191,750 |
CAP-111 |
|
General Building Renovations |
|
$ |
16,176,003 |
CAP-238 |
|
Electric System Upgrade |
|
$ |
2,000,000 |
Total Department of Rehabilitation and Correction |
|
$ |
30,024,990 |
TOTAL Adult Correctional Building Fund |
|
$ |
30,024,990 |
Section 279.20. DRC - ADULT CORRECTION BUILDINGS
The Ohio Building Authority is hereby authorized to issue and sell, in accordance with Section 2i of Article VIII, Ohio Constitution, and Chapter 152. and section 307.021 of the Revised Code, original obligations in an aggregate principal amount not to exceed $20,000,000 in addition to the original issuance of obligations heretofore authorized by prior acts of the General Assembly. These authorized obligations shall be issued and sold from time to time, subject to applicable constitutional and statutory limitations, as needed to ensure sufficient moneys to the credit of the Adult Correctional Building Fund (Fund 027) to pay costs of rehabilitation and correction related capital facilities.
Section 281.10. All items set forth in this section are hereby appropriated out of any moneys in the state treasury to the credit of the Juvenile Correctional Building Fund (Fund 028) that are not otherwise appropriated:
DYS DEPARTMENT OF YOUTH SERVICES
CAP-801 |
|
Fire Suppression/Safety/Security |
|
$ |
1,750,000 |
Total Department of Youth Services |
|
$ |
1,750,000 |
TOTAL Juvenile Correctional Building Fund |
|
$ |
1,750,000 |
Section 281.20. DYS - JUVENILE CORRECTION BUILDINGS
The Ohio Building Authority is hereby authorized to issue and sell, in accordance with Section 2i of Article VIII, Ohio Constitution, and Chapter 152. and other applicable sections of the Revised Code, original obligations in an aggregate principal amount not to exceed $2,000,000 in addition to the original issuance of obligations heretofore authorized by prior acts of the General Assembly. These authorized obligations shall be issued and sold from time to time, subject to applicable constitutional and statutory limitations, as needed to ensure sufficient moneys to the credit of the Juvenile Correctional Building Fund (Fund 028) to pay costs of juvenile correction related capital facilities.
Section 283.10. All items set forth in this section are hereby appropriated out of any moneys in the state treasury to the credit of the Ohio Parks and Natural Resources Fund (Fund 031) that are not otherwise appropriated:
DNR DEPARTMENT OF NATURAL RESOURCES
CAP-753 |
|
Project Planning |
|
$ |
1,050,000 |
CAP-881 |
|
DAM Rehabilitation |
|
$ |
4,000,000 |
Total Department of Natural Resources |
|
$ |
5,050,000 |
TOTAL Ohio Parks and Natural Resources Fund |
|
$ |
5,050,000 |
Section 283.20. DNR - NATUREWORKS
The Ohio Public Facilities Commission is hereby authorized to issue and sell, in accordance with Section 2l of Article VIII, Ohio Constitution, and pursuant to sections 151.01 and 151.05 of the Revised Code, original obligations of the State of Ohio in an aggregate amount not to exceed $5,000,000 in addition to the original issuance of obligations heretofore authorized by prior acts of the General Assembly. These authorized obligations shall be issued and sold from time to time, subject to applicable constitutional and statutory limitations, as needed to ensure sufficient moneys to the credit of the Ohio Parks and Natural Resources Fund (Fund 031) to pay costs of natural resources capital improvements.
Section 285.10. 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) that are not otherwise appropriated:
SFC SCHOOL FACILITIES COMMISSION
CAP-770 |
|
School Facilities Program Assistance |
|
$ |
585,000,000 |
Total School Facilities Commission |
|
$ |
585,000,000 |
TOTAL School Building Program Assistance Fund |
|
$ |
585,000,000 |
Section 285.20. PUBLIC SCHOOL BUILDING ASSISTANCE
The Ohio Public Facilities Commission is hereby authorized to issue and sell, in accordance with Section 2n of Article VIII, Ohio Constitution, and pursuant to sections 151.01 and 151.03 of the Revised Code, original obligations of the State of Ohio in an aggregate amount not to exceed $580,000,000 in addition to the original issuance of obligations heretofore authorized by prior acts of the General Assembly. These authorized obligations shall be issued and sold from time to time, subject to applicable constitutional and statutory limitations, as needed to ensure sufficient moneys to the credit of the School Building Program Assistance Fund (Fund 032) to pay the State's share of the costs of capital facilities for a system of common schools throughout the State.
Section 287.10. All items set forth in this section are hereby appropriated out of any moneys in the state treasury to the credit of the Mental Health Facilities Improvement Fund (Fund 033) that are not otherwise appropriated:
DMH DEPARTMENT OF MENTAL HEALTH
CAP-986 |
|
Campus Consolidation |
|
$ |
5,500,000 |
Total Department of Mental Health |
|
$ |
5,500,000 |
TOTAL Mental Health Facilities Improvement Fund |
|
$ |
5,500,000 |
Section 287.20. DMH/DMR - MENTAL HEALTH FACILITY IMPROVEMENT FUND 033
The Treasurer of State is hereby authorized to issue and sell, in accordance with Section 2i of Article VIII, Ohio Constitution, Chapter 154. and particularly section 154.20 of the Revised Code, original obligations in an aggregate principal amount not to exceed $5,000,000, in addition to the original issuance of obligations heretofore authorized by prior acts of the General Assembly. These authorized obligations shall be issued and sold from time to time, subject to applicable constitutional and statutory limitations, as needed to ensure sufficient moneys to the credit of the Mental Health Facilities Improvement Fund (Fund 033) to pay costs of capital facilities for mental hygiene and retardation.
Section 289.10. All items set forth in this section are hereby appropriated out of any moneys in the state treasury to the credit of the Higher Education Improvement Fund (Fund 034) that are not otherwise appropriated. The appropriations made in this act are in addition to any other capital appropriations made for the 2007-2008 biennium.
BOR BOARD OF REGENTS
Higher Education Improvement Fund
CAP-029 |
|
|
Ohio Library and Information Network |
|
|
|
|
$ |
3,500,000 |
CAP-068 |
|
|
Third Frontier Project |
|
|
|
|
$ |
50,000,000 |
Total Board of Regents |
|
|
|
|
$ |
53,500,000 |
TOTAL Higher Education Improvement Fund |
|
|
|
|
$ |
53,500,000 |
Section 289.20. BOR - HIGHER EDUCATION IMPROVEMENT
The Ohio Public Facilities Commission is hereby authorized to issue and sell, in accordance with Section 2n of Article VIII, Ohio Constitution, and pursuant to sections 151.01 and 151.04 of the Revised Code, original obligations of the State of Ohio in an aggregate amount not to exceed $54,000,000 in addition to the original issuance of obligations heretofore authorized by prior acts of the General Assembly. These authorized obligations shall be issued and sold from time to time, subject to applicable constitutional and statutory limitations, as needed to ensure sufficient moneys to the credit of the Higher Education Improvement Fund (Fund 034) to pay costs of capital facilities for state-supported and state-assisted institutions of higher education.
Section 291.10. THIRD FRONTIER PROJECT
The foregoing appropriation item CAP-068, Third Frontier
Project, shall be used to acquire, renovate, or construct
facilities and purchase equipment for research programs, technology
development, product development, and commercialization programs
at or involving state-supported and state-assisted institutions of
higher education. The funds shall be used to make grants awarded
on a competitive basis, and shall be administered by the Third
Frontier Commission. Expenditure of the funds shall comply with
Section 2n of Article VIII, Ohio Constitution, and sections 151.01
and 151.04 of the Revised Code for the period beginning July 1,
2006, and ending June 30, 2008.
The Third Frontier Commission shall develop guidelines
relative to the application for and selection of projects funded
from appropriation item CAP-068, Third Frontier Project. The
commission may develop the guidelines in consultation with other
interested parties. The Board of Regents and all state-assisted
and state-supported institutions of higher education shall take
all actions necessary to implement grants awarded by the Third
Frontier Commission.
The foregoing appropriation item CAP-068, Third Frontier
Project, for which an appropriation is made from the Higher
Education Improvement Fund (Fund 034), is determined to consist of
capital improvements and capital facilities for state-supported
and state-assisted institutions of higher education, and is
designated for the capital facilities to which proceeds of
obligations in the Higher Education Improvement Fund (Fund 034)
are to be applied.
Section 291.20. The appropriations made in Section 289.10 are subject to Sections 256.30, 256.40, 256.50, 256.60, 256.70, and 256.80 of this act.
Section 293.10. All items set forth in this section are hereby appropriated out of any moneys in the state treasury to the credit of the Parks and Recreation Improvement Fund (Fund 035) that are not otherwise appropriated:
DNR DEPARTMENT OF NATURAL RESOURCES
CAP-099 |
|
South Bass Island State Park |
|
$ |
1,500,000 |
Total Department of Natural Resources |
|
$ |
1,500,000 |
TOTAL Parks and Recreation Improvement Fund |
|
$ |
1,500,000 |
Section 293.20. DNR - PARKS AND RECREATION IMPROVEMENT
The Treasurer of State is hereby authorized to issue and sell, in accordance with Section 2i of Article VIII, Ohio Constitution, Chapter 154. and particularly section 154.22 of the Revised Code, original obligations in an aggregate principal amount not to exceed $2,000,000, in addition to the original issuance of obligations heretofore authorized by prior acts of the General Assembly. These authorized obligations shall be issued and sold from time to time, subject to applicable constitutional and statutory limitations, as needed to ensure sufficient moneys to the credit of the Parks and Recreation Improvement Fund (Fund 035) to pay costs of capital facilities for parks and recreation.
Section 295.10. All items set forth in this section are hereby
appropriated out of any moneys in the state treasury to the credit
of the State Capital Improvements Fund (Fund 038) that are not otherwise appropriated:
PWC PUBLIC WORKS COMMISSION
CAP-150 |
|
Local Public Infrastructure |
|
$ |
120,000,000 |
Total Public Works Commission |
|
$ |
120,000,000 |
TOTAL State Capital Improvements Fund |
|
$ |
120,000,000 |
The foregoing appropriation item CAP-150, Local Public
Infrastructure, shall
be used in accordance with sections 164.01
to 164.12 of the Revised Code. The
Director of the Public Works
Commission may certify to the Director of Budget
and Management
that a need exists to appropriate investment earnings to be
used
in accordance with sections 164.01 to 164.12 of the Revised Code.
If the
Director of Budget and Management determines pursuant to
division (D) of
section 164.08 and section 164.12 of the Revised
Code that investment earnings
are available to support additional
appropriations, such amounts are hereby
appropriated.
Section 295.20. The Ohio Public Facilities Commission is hereby authorized to issue and sell, in accordance with Section 2m of Article VIII, Ohio Constitution, and pursuant to sections 151.01 and 151.08 of the Revised Code, original obligations of the state, in an aggregate principal amount not to exceed $120,000,000, in addition to the original obligations heretofore authorized by prior acts of the General Assembly. These authorized obligations shall be issued and sold from time to time, subject to applicable constitutional and statutory limitations, as needed to ensure sufficient moneys to the credit of the State Capital Improvements Fund (Fund 038) to pay costs of the state in financing or assisting in the financing of local subdivision capital improvement projects.
Section 297.10. All items set forth in this section are hereby
appropriated out of
any moneys in the state treasury to the credit
of the State Capital
Improvements Revolving Loan Fund (Fund 040).
Revenues to the State Capital
Improvements Revolving Loan Fund
shall consist of all repayments of loans made
to local
subdivisions for capital improvements, investment earnings on
moneys
in the fund, and moneys obtained from federal or private
grants or from other
sources for the purpose of making loans for
the purpose of financing or
assisting in the financing of the cost
of capital improvement projects of
local
subdivisions.
PWC PUBLIC WORKS COMMISSION
CAP-151 |
|
Revolving Loan |
|
$ |
24,100,000 |
Total Public Works Commission |
|
$ |
24,100,000 |
TOTAL State Capital Improvements Revolving |
|
|
|
Loan Fund |
|
$ |
24,100,000 |
The foregoing appropriation item CAP-151, Revolving Loan,
shall be used in
accordance with sections 164.01 to 164.12 of the
Revised Code.
Section 299.10. All items set forth in this section are hereby appropriated out of any moneys in the state treasury to the credit of the Clean Ohio Conservation Fund (Fund 056) that are not otherwise appropriated:
PWC PUBLIC WORKS COMMISSION
CAP-152 |
|
Clean Ohio Conservation |
|
$ |
37,500,000 |
Total Public Works Commission |
|
$ |
37,500,000 |
TOTAL Clean Ohio Conservation Fund |
|
$ |
37,500,000 |
The foregoing appropriation item CAP-152, Clean Ohio Conservation, shall be used in accordance with sections 164.20 to 164.27 of the Revised Code. If the Public Works Commission receives refunds due to project overpayments that are discovered during the post-project audit, the Director of the Public Works Commission may certify to the Director of Budget and Management that refunds have been received. If the Director of Budget and Management determines that the project refunds are available to support additional appropriations, such amounts are hereby appropriated.
Section 301.10. All items set forth in this section are hereby appropriated out of any moneys in the state treasury to the credit of the Clean Ohio Agricultural Easement Fund (Fund 057) that are not otherwise appropriated:
AGR DEPARTMENT OF AGRICULTURE
CAP-047 |
|
Clean Ohio Agricultural Easement |
|
$ |
6,250,000 |
Total Department of Agriculture |
|
$ |
6,250,000 |
TOTAL Clean Ohio Agricultural Easement Fund |
|
$ |
6,250,000 |
Section 301.20. All items set forth in this section are hereby appropriated out of any moneys in the state treasury to the credit of the Clean Ohio Trail Fund (Fund 061) that are not otherwise appropriated:
DNR DEPARTMENT OF NATURAL RESOURCES
CAP-014 |
|
Clean Ohio Trail |
|
$ |
6,250,000 |
Total Department of Natural Resources |
|
$ |
6,250,000 |
TOTAL Clean Ohio Trail Fund |
|
$ |
6,250,000 |
Section 301.30. The Ohio Public Facilities Commission is hereby authorized to issue and sell, in accordance with Section 2o of Article VIII, Ohio Constitution, and pursuant to sections 151.01 and 151.09 of the Revised Code, original obligations of the state in an aggregate amount not to exceed $50,000,000 in addition to the original issuance of obligations heretofore authorized by prior acts of the General Assembly. These authorized obligations shall be issued and sold from time to time, subject to applicable constitutional and statutory limitations, as needed to ensure sufficient moneys to the credit of the Clean Ohio Conservation Fund (Fund 056), the Clean Ohio Agricultural Easement Fund (Fund 057), and the Clean Ohio Trail Fund (Fund 061) to pay costs of conservation projects.
Section 303.10. All items set forth in this section are hereby appropriated out of any moneys in the state treasury to the credit of the State Fire Marshal Fund (Fund 546) that are not otherwise appropriated:
COM DEPARTMENT OF COMMERCE
CAP-114 |
|
Office and Dorm Addition |
|
$ |
1,908,000 |
Total Department of Commerce |
|
$ |
1,908,000 |
TOTAL State Fire Marshal Fund |
|
$ |
1,908,000 |
Section 305.10. All items set forth in this section are hereby appropriated out of any moneys in the state treasury to the credit of the Veterans' Home Improvement Fund (Fund 604) that are not otherwise appropriated:
OVH OHIO VETERANS' HOME
CAP-781 |
|
Secrest/Veterans' Hall Roof Replacement |
|
$ |
552,500 |
Total Ohio Veterans' Home |
|
$ |
552,500 |
TOTAL Veterans' Home Improvement Fund |
|
$ |
552,500 |
Section 401.10. CERTIFICATION OF AVAILABILITY OF MONEYS
No moneys that require release shall be expended from any
appropriation
contained in this act without
certification of the
Director of Budget and Management that there are
sufficient moneys
in the state treasury in the fund from which the
appropriation is
made. Such certification made by the Office of Budget and
Management shall be based on estimates of revenue, receipts, and
expenses.
Nothing herein shall be construed as a limitation on
the authority of the
Director of Budget and Management as granted
in section 126.07 of the Revised
Code.
Section 401.20. LIMITATION ON USE OF CAPITAL APPROPRIATIONS
The appropriations made in this act, excluding
those made to the State Capital Improvement Fund (Fund 038) and
the State
Capital Improvements Revolving Loan Fund (Fund 040) for
buildings or structures, including remodeling and renovations,
are
limited to:
(A) Acquisition of real property or interest in real
property;
(B) Buildings and structures, which includes construction,
demolition, complete heating, lighting, and lighting fixtures,
and
all necessary utilities, ventilating, plumbing, sprinkling,
and
sewer systems, when such systems are authorized or necessary;
(C) Architectural, engineering, and professional services
expenses directly related to the projects;
(D) Machinery that is a part of structures at the time of
initial acquisition or construction;
(E) Acquisition, development, and deployment of new computer
systems, including the redevelopment or integration of existing
and new computer systems, but excluding regular or ongoing
maintenance or support agreements;
(F) Equipment that meets all the following criteria:
(1) The equipment is essential in bringing the facility up
to its intended use.
(2) The unit cost of the equipment, and not the individual
parts of a unit, is about $100 or more.
(3) The equipment has a useful life of five years or more.
(4) The equipment is necessary for the functioning of the
particular facility or project.
No equipment shall be paid for from these appropriations that
is
not an integral part
of or directly related to the
basic
purpose or function of a
project for which moneys are
appropriated. This paragraph does not apply to appropriation line items for equipment.
Section 401.30. CONTINGENCY RESERVE REQUIREMENT
Any request for release of capital
appropriations by the
Director of Budget and Management or the
Controlling Board of
capital appropriations for projects, the
contracts for which are
awarded by the Department of
Administrative Services,
shall contain a
contingency reserve, the
amount of which shall be
determined by
the Department of
Administrative Services, for payment of
unanticipated project
expenses. Any amount deducted from the
encumbrance for a
contractor's contract as an assessment for
liquidated damages
shall be added to the encumbrance for the
contingency reserve.
Contingency reserve funds shall be used to
pay costs resulting
from unanticipated job conditions, to comply
with rulings
regarding building and other codes, to pay costs
related to errors
or omissions in contract documents, to pay costs associated with
changes in the scope of work, and to pay
the cost of settlements
and judgments related to the project.
Any funds remaining upon completion of a project, may, upon approval of the Controlling Board, be
released for the use of the institution to which the
appropriation
was made for another capital facilities project or
projects.
Section 401.40. AGENCY ADMINISTRATION OF CAPITAL FACILITIES
PROJECTS
Notwithstanding sections 123.01 and 123.15 of the Revised
Code,
the Director of Administrative Services may authorize the
Departments of Mental Health, Mental Retardation and Developmental
Disabilities, Alcohol and Drug Addiction Services, Agriculture,
Jobs and Family Services,
Rehabilitation and Correction, Youth
Services, Public Safety,
Transportation, the Ohio
Veterans'
Home, and the
Rehabilitation Services Commission to
administer any
capital
facilities projects when the estimated cost,
including
design
fees, construction, equipment, and contingency amounts,
is
less
than $1,500,000. Requests for authorization to administer
capital
facilities projects shall be made in writing to the
Director of
Administrative Services by the respective state agency
within
sixty days after the effective date of the act in which the
General Assembly initially makes an appropriation for the project. Upon the release of funds for such projects by the Controlling Board or the Director of Budget and Management, the agency may administer the capital project or projects for which agency administration has been authorized without the supervision, control, or approval of the Director of Administrative Services.
The state agency authorized by the Director of
Administrative Services to administer capital facilities projects
pursuant to this section shall comply with the applicable procedures and
guidelines established in Chapter 153. of the Revised Code.
Section 401.50. SATISFACTION OF JUDGMENTS AND SETTLEMENTS
AGAINST
THE STATE
Except as otherwise provided in this section, an
appropriation contained in this act or any other act may be used
for the purpose of satisfying judgments, settlements, or
administrative awards ordered or approved by the Court of Claims
or by any other court of competent jurisdiction in connection with
civil actions against the state. This authorization shall not
apply to appropriations to be applied to or used for payment of
guarantees by or on behalf of the state or for payments under
lease agreements relating to or debt service on bonds, notes, or
other obligations of the state. Notwithstanding any other section
of law to the contrary, this authorization includes appropriations
from funds into which proceeds or direct obligations of the state
are deposited only to the extent that the judgment, settlement, or
administrative award is for or represents capital costs for which
the appropriation may otherwise be used and is consistent with the
purpose for which any related obligations were issued or entered into. 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 401.60. CAPITAL RELEASES BY THE DIRECTOR OF BUDGET AND MANAGEMENT
Notwithstanding section 126.14 of the Revised
Code, appropriations for appropriation items CAP-002, Local Jails,
and CAP-003, Community-Based Correctional Facilities, appropriated
from the Adult Correctional Building Fund (Fund 027) to the
Department of Rehabilitation and Correction shall be released upon
the written approval of the Director of Budget and Management. The
appropriations from the Public School Building Fund (Fund 021),
the Education Facilities Trust Fund (Fund N87), and the School
Building Program Assistance Fund (Fund 032) to the School
Facilities Commission, from the Transportation
Building Fund
(Fund 029) to the Department of Transportation,
from the Clean
Ohio Conservation Fund (Fund 056) to the
Public Works Commission,
and appropriations from the State
Capital Improvement Fund (Fund
038) and the State Capital
Improvements Revolving Loan Fund (Fund
040) to the Public Works
Commission shall be released upon
presentation of a request to
release the funds, by the agency to
which the appropriation has
been made, to the Director of Budget
and Management.
Section 401.70. PREVAILING WAGE REQUIREMENT
Except as provided in section 4115.04 of the
Revised
Code, no moneys appropriated or reappropriated by the
126th
General Assembly shall be used for the construction of
public
improvements, as defined in section 4115.03 of the Revised
Code,
unless the mechanics, laborers, or workers engaged therein
are
paid the prevailing rate of wages as prescribed in section
4115.04
of the Revised Code. Nothing in this section shall affect
the
wages and salaries established for state employees under the
provisions of Chapter 124. of the Revised Code, or collective
bargaining agreements entered into by the state pursuant to
Chapter 4117. of the Revised Code, while engaged on force account
work, nor shall this section interfere with the use of inmate and
patient labor by the state.
Section 401.80. CAPITAL FACILITIES LEASES
Capital facilities for which appropriations are made from the
Highway Safety Building Fund (Fund 025), the Administrative Building Fund (Fund 026), the Adult Correctional
Building Fund (Fund 027), and the Juvenile Correctional Building Fund
(Fund 028) may
be leased by the Ohio Building Authority to the Department of
Public Safety, the Department of Youth Services, the
Department of Administrative Services, and the Department of
Rehabilitation and Correction, and other agreements may be made by
the Ohio Building Authority and the departments with respect to
the use or purchase of such capital facilities, or subject to the
approval of the director of the department or the commission, the
Ohio Building Authority may lease such capital facilities to, and
make other agreements with respect to the use or purchase thereof
with, any governmental agency or nonprofit corporation having
authority under law to own, lease, or operate such capital
facilities. The director of the department or the commission may
sublease such capital facilities to, and make other agreements
with respect to the use or purchase thereof with, any such
governmental agency or nonprofit corporation, which may include
provisions for transmittal of receipts of that agency or nonprofit
corporation of any charges for the use of such facilities, all
upon such terms and conditions as the parties may agree upon and
any other provision of law affecting the leasing, acquisition, or
disposition of capital facilities by such parties.
Section 401.90. AUTHORIZATION OF THE DIRECTOR OF BUDGET AND MANAGEMENT
The Director of Budget and Management shall
authorize
both of the following:
(A) The initial release of moneys for projects from the
funds into which proceeds of direct obligations of the state are
deposited.
(B) The expenditure or encumbrance of moneys from
funds
into
which proceeds of direct obligations are deposited, only after
determining to the director's satisfaction that either of the
following apply:
(1) The application of such moneys to the particular project
will
not negatively affect any exemption or exclusion from federal
income tax of the
interest or interest equivalent
on obligations,
issued to provide moneys to the
particular fund.
(2) Moneys for the project will come from the proceeds of
obligations, the interest on which is not so excluded or exempt
and
which have been authorized as
"taxable obligations" by the
issuing
authority.
The director shall report any nonrelease of
moneys
pursuant
to this section to the Governor, the presiding
officer of
each
house of the General Assembly, and the agency for
the use of
which
the project is intended.
Section 403.10. OHIO ADMINISTRATIVE KNOWLEDGE SYSTEM PROJECT
The Ohio Administrative Knowledge System (OAKS) shall be an enterprise resource planning system that replaces the state's central services infrastructure systems, including, but not limited to, the central accounting system, the human resources/payroll system, the capital improvements projects tracking system, the fixed assets management system, and the procurement system. The Department of Administrative Services, in conjunction with the Office of Budget and Management, may acquire the system, including, but not limited to, the enterprise resource planning software and installation and implementation thereof pursuant to Chapter 125. of the Revised Code. Any lease-purchase arrangement utilized under Chapter 125. of the Revised Code, including any fractionalized interest therein as defined in division (N) of section 133.01 of the Revised Code, shall provide at the end of the lease periods that OAKS becomes the property of the state.
Section 403.20. 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 hereby appropriated.
Section 403.30. REAPPROPRIATION OF UNEXPENDED ENCUMBERED
BALANCES
OF CAPITAL APPROPRIATIONS
(A) An unexpended balance of a capital appropriation or
reappropriation that a state agency has lawfully encumbered prior
to the close of a capital biennium is hereby reappropriated for
the following capital biennium from the fund from which it was
originally appropriated or was reappropriated and shall be used
only for the purpose of discharging the encumbrance in the
following capital biennium. For those encumbered appropriations or
reappropriations, any Controlling Board approval previously
granted and referenced by the encumbering document remains in
effect until the encumbrance is discharged in the following
capital biennium or until the encumbrance expires at the end of
the following capital biennium.
(B) At the end of the reappropriation period provided for by
division (A) of this section, an unexpended balance of a capital
appropriation or reappropriation that remains encumbered at the
end of that period is hereby reappropriated for the next capital
biennium from the fund from which it was originally appropriated
or was reappropriated and shall be used only for the purpose of
discharging the encumbrance in the next capital biennium. For
those encumbered appropriations or reappropriations, any
Controlling Board approval previously granted and referenced by
the encumbering document remains in effect until the encumbrance
is discharged in the next capital biennium or until the
encumbrance expires at the end of the next capital biennium.
(C) At the end of the reappropriation period provided for by
division (B) of this section, a reappropriation made pursuant to
division (B) of this section shall lapse, and the encumbrance
shall expire.
(D) If an encumbrance expired pursuant to division (C) of
this section, the Director of Budget and Management may
re-establish the encumbrance as provided in this division. If a
reappropriation for a project is made by the General Assembly for
the biennium immediately following the biennium in which an
encumbrance for that project expired, the Director of Budget and
Management may re-establish the encumbrance in an amount not to
exceed the amount of the expired encumbrance, in the name of the
contractor named in the expired encumbrance, and for the same
purpose specified in the expired encumbrance. The encumbrance
amount shall be in addition to the amount of the reappropriation and is hereby reappropriated. The
amount re-encumbered shall be used only for the purpose of
discharging the encumbrance in the capital biennium for which the
reappropriation was made. For those re-encumbered
reappropriations, any Controlling Board approval previously
granted and referenced by the expired encumbering document remains
in effect until the encumbrance is discharged or expires at the
end of the capital biennium for which the reappropriation was
made. If any portion of the amount re-encumbered by the Director
of Budget and Management under this division is not expended prior
to the close of the capital biennium for which the reappropriation
was made, that amount is hereby reappropriated for the following
capital biennium as provided for in division (A) of this section
and subject to the provisions of division (A) of this section.
Section 403.40. Capital reappropriations in this act that have
been
released by the Controlling Board or the Director of Budget
and
Management between June 30, 2004, and July 1, 2006, do not
require
further approval or release prior to being encumbered.
Funds
reappropriated in excess of such prior releases shall be
released
in accordance with applicable provisions of this act.
Section 403.50. Unless otherwise specified, the
reappropriations
made
in this act represent the unencumbered and
unallotted
balances of
prior years' capital improvements
appropriations
estimated to be
available on June 30, 2006. The
actual
balances
on
June 30, 2006, for the
appropriation items in
this act are
hereby reappropriated.
Additionally, there is hereby
reappropriated the unencumbered and
unallotted balances on June
30, 2006, of any appropriation items either
reappropriated in
Am. Sub.
S.B. 189 of the 125th General Assembly
or appropriated in
Am. Sub. H.B. 16 of the 126th
General Assembly, or created by the
Controlling Board pursuant to section 127.15 of the Revised Code
from appropriation items in Am. Sub. S.B. 189 of the 125th General Assembly and Am. Sub. H.B. 16 of the 126th General Assembly, and this act,
if the Director
of Budget
and Management
determines that such
balances are needed
to
complete the projects
for which they were
reappropriated or
appropriated. The appropriation items
and
amounts that are
reappropriated by this act shall be reported
to
the Controlling
Board within 30 days after the effective date
of
this section.
Section 403.60. No appropriation for a health care facility
authorized
under this act may be released until the requirements
of sections
3702.51 to 3702.68 of the Revised Code have been met.
Section 403.70. All proceeds received by the state as a result
of
litigation, judgments, settlements, or claims, filed by or on
behalf of any state agency as defined by section 1.60 of the
Revised Code or any state-supported or state-assisted institution of
higher education, for damages or costs resulting from the use,
removal, or hazard abatement of asbestos materials shall be
deposited in the Asbestos Abatement Distribution Fund (Fund 674).
All funds
deposited into the Asbestos Abatement Distribution Fund
are hereby appropriated to the Attorney General. To the extent
practicable, the proceeds placed in the Asbestos Abatement
Distribution Fund shall be divided among the state agencies and
state-supported or state-assisted institutions of higher education
in accordance with the general provisions of the litigation
regarding the percentage of recovery. Distribution of the
proceeds
to each state agency or state-supported or state-assisted
institution of higher education shall be made in accordance with
the Asbestos Abatement Distribution Plan to be developed by the
Attorney General, the Division of Public Works within the
Department of Administrative Services, and the Office of Budget
and Management.
In those circumstances where asbestos litigation proceeds are
for
reimbursement of expenditures made with funds outside the
state
treasury or damages to buildings not constructed with state
appropriations, direct payments shall be made to the affected
institutions of higher education. Any proceeds received for
reimbursement of expenditures made with funds within the state
treasury or damages to buildings occupied by state agencies shall
be distributed to the affected agencies with an intrastate
transfer voucher to the funds identified in the Asbestos Abatement
Distribution Plan.
Such proceeds shall be used for additional asbestos abatement
or
encapsulation projects, or for other capital improvements,
except
that proceeds distributed to the General Revenue Fund and
other
funds that are not bond improvement funds may be used for
any
purpose. The Controlling Board may, for bond improvement
funds,
create appropriation items or increase appropriation
authority in
existing appropriation items equaling the amount of
such proceeds.
Such amounts approved by the Controlling Board are
hereby
appropriated. Such proceeds deposited in bond improvement
funds
shall not be expended until released by the Controlling
Board,
which shall require certification by the Director of Budget
and
Management that such proceeds are sufficient and available to
fund
the additional anticipated expenditures.
Section 403.80. OBLIGATIONS ISSUED UNDER CHAPTER 151. OF THE REVISED CODE
The capital improvements for which appropriations are made in this act from the Ohio Parks and Natural Resources Fund (Fund 031), the School Building Program Assistance Fund (Fund 032), the Higher Education Improvement Fund (Fund 034), the State Capital Improvements Fund (Fund 038), the Clean Ohio Conservation Fund (Fund 056), the Clean Ohio Agricultural Easement Fund (Fund 057), and the Clean Ohio Trail Fund (Fund 061) are determined to be capital improvements and capital facilities for natural resources, a statewide system of common schools, state-supported and state-assisted institutions of higher education, local subdivision capital improvement projects, and conservation purposes (under the Clean Ohio Program) and are designated as capital facilities to which proceeds of obligations issued under Chapter 151. of the Revised Code are to be applied.
Section 403.90. OBLIGATIONS ISSUED UNDER CHAPTER 152. OF THE REVISED CODE
The capital improvements for which
appropriations are
made in this act from 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), and the Transportation Building Fund (Fund
029)
are
determined to be capital
improvements and capital facilities
for
housing state agencies and
branches of state government and
are
designated as capital
facilities to which proceeds of
obligations
issued under Chapter
152. of the Revised Code are to
be applied.
Section 405.10. OBLIGATIONS ISSUED UNDER CHAPTER 154. OF THE REVISED CODE
The capital improvements for which appropriations are made in this act from the Cultural and Sports Facilities Building Fund (Fund 030), the Mental Health Facilities Improvement Fund (Fund 033), and the Parks and Recreation Improvement Fund (Fund 035) are determined to be capital improvements and capital facilities for housing state agencies and branches of government, mental hygiene and retardation, and parks and recreation and are designated as capital facilities to which proceeds of obligations issued under Chapter 154. of the Revised Code are to be applied.
Section 405.20. Upon the request of the agency to which a
capital
project appropriation item is appropriated, the Director
of Budget
and Management may transfer open encumbrance amounts
between separate
encumbrances for the project appropriation item
to the extent
that any reductions in encumbrances are agreed to by
the
contracting vendor and the agency.
Section 405.30. Any proceeds received by the state as
the
result of litigation or a settlement agreement related to any
liability for the planning, design, engineering, construction, or
constructed management of such facilities operated by the
Department of Administrative Services shall be deposited into the
Administrative Building Fund
(Fund 026).
Section 405.40. Sections 203.10 to 405.30 of this act shall remain in
full
force and effect commencing on July 1, 2006, and terminating
on
June 30, 2008, for the purpose of drawing money from the state
treasury in payment of liabilities lawfully incurred hereunder,
and on June 30, 2008, and not before, the moneys hereby
appropriated shall lapse into the funds from which they are
severally appropriated. If, under Section 1c of Article II, Ohio Constitution, Section 1c, Sections 203.10 to 405.30 of this act do not take effect
until
after July 1, 2006, Sections 203.10 to 405.30 of this act shall be
and
remain in full force and effect commencing on that later
effective
date.
Section 405.50. TRANSFERS TO THE SCHOOL DISTRICT SOLVENCY ASSISTANCE FUND (FUND 5H3)
Notwithstanding any provision of law to the contrary, upon the request of the Superintendent of Public Instruction, the Director of Budget and Management may make transfers of cash to the School District Solvency Assistance Fund (Fund 5H3) from any Department of Education administered fund or the General Revenue Fund to maintain sufficient cash balances in the School District Solvency Assistance Fund (Fund 5H3) in fiscal years 2006 and 2007 for providing assistance and grants to school districts to enable them to remain solvent and to pay unforeseeable expenses of a temporary or emergency nature that they are unable to pay from existing resources. The Director of Budget and Management shall notify the members of the Controlling Board of any such transfers.
This section is not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, this section goes into immediate effect when this act becomes law.
Section 405.60. The amendment of section 6301.03 of the Revised Code by Am. Sub. S.B. 189 of the 125th General Assembly applies on and after July 1, 2004. Local areas and sub-recipients of a local area may continue to use the public assistance fund to facilitate close out of workforce development activities conducted pursuant to the "Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C. 2801, as amended, or Chapter 6301. of the Revised Code that occurred prior to July 1, 2004.
Section 506.03. (A) If money deposited into an escrow account under section 153.63 of the Revised Code by the Department of Administrative Services has not been released pursuant to that section due to the failure of the contractor, within three years, to give notice requesting release, the money shall be released pursuant to division (B) of this section to the Director of Administrative Services, who shall deposit it to the credit of the State Architect's Fund created under section 123.10 of the Revised Code.
(B) Notwithstanding section 153.63 of the Revised Code, the escrow agent in charge of the money described in division (A) of this section shall release the money to the Director if all of the following occur:
(1) The Director notifies the contractor of the existence of the escrowed amount in writing, sent by certified mail to the contractor's last known address and to the last known address of the contractor's statutory agent, if such agent exists;
(2) In the event a mechanics lien has been filed against the contractor pursuant to sections 1311.25 to 1311.32 of the Revised Code for labor performed or materials supplied in connection with the project, the Director notifies the lien claimant of the existence of the escrowed amount in writing, sent by certified mail to the lien claimant's last known address and to the last known address of the lien claimant's statutory agent, if such agent exists;
(3) The contractor or statutory agent and, if applicable, the lien claimant or statutory agent fail to respond to the notice by the date that is sixty days after the date the notice is sent.
(C) Money released to the Director pursuant to this section shall be considered an additional fee related to the administration of the contract for which the escrow deposit was made.
Section 512.03. CASH TRANSFER TO DEPARTMENT OF HEALTH'S GENERAL OBLIGATIONS FUND
Not later than 30 days after the effective date of this section, the Director of Budget and Management shall transfer $103,981.68 cash from the Adjutant General's Department's Camp Perry Clubhouse and Rental Fund (Fund 536) to the Department of Health's General Obligations Fund (Fund 392).
Section 512.03.03. DEPARTMENT OF EDUCATION APPROPRIATION TRANSFERS
The Director of Budget and Management, in consultation with the Superintendent of Public Instruction, may transfer up to $200,000 in fiscal year 2006 and up to $300,000 in fiscal year 2007 of unspent and unencumbered balances of General Revenue Fund appropriation items within the Department of Education to GRF appropriation item 200-421, Alternative Education Programs. The funds transferred shall be used for the administration of the Educational Choice Scholarship Pilot Program. All funds transferred under this section are hereby appropriated.
Section 512.06. TRANSFERS TO STATE NEED-BASED FINANCIAL AID PROGRAMS
In fiscal year 2006, if the Chancellor of the Board of Regents determines that additional funds are needed to support the distribution of state need-based financial aid in accordance with section 3333.12 of the Revised Code, the Chancellor shall recommend the reallocation of unencumbered and unobligated appropriation balances of General Revenue Fund appropriation items within the Board of Regents to GRF appropriation item 235-503, Ohio Instructional Grants. If the Director of Budget and Management determines that such a reallocation is required, the Director may transfer those identified unencumbered and unobligated funds within the Board of Regents as necessary to GRF appropriation item 235-503, Ohio Instructional Grants. The amounts transferred to appropriation item 235-503, Ohio Instructional Grants, are hereby appropriated. If those unencumbered and unobligated funds are not sufficient to support the distribution of state need-based financial aid in accordance with section 3333.12 of the Revised Code in fiscal year 2006, the Director of Budget and Management may increase the appropriation from the General Revenue Fund of appropriation item 235-503, Ohio Instructional Grants, in fiscal year 2006 by up to $30,000,000.
In fiscal year 2007, if the Chancellor of the Board of Regents determines that additional funds are needed to support the distribution of state need-based financial aid in accordance with sections 3333.12 and 3333.122 of the Revised Code, the Chancellor shall recommend the reallocation of unencumbered and unobligated appropriation balances of General Revenue Fund appropriation items within the Board of Regents to GRF appropriation items 235-503, Ohio Instructional Grants, and 235-563, Ohio College Opportunity Grant. If the Director of Budget and Management determines that such a reallocation is required, the Director may transfer those identified unencumbered and unobligated funds within the Board of Regents as necessary to GRF appropriation items 235-503, Ohio Instructional Grants, and 235-563, Ohio College Opportunity Grant. The amounts transferred to appropriation items 235-503, Ohio Instructional Grants, and 235-563, Ohio College Opportunity Grant, are hereby appropriated. If those unencumbered and unobligated funds are not sufficient to support the distribution of state need-based financial aid in accordance with sections 3333.12 and 3333.122 of the Revised Code in fiscal year 2007, the Director of Budget and Management may increase the appropriation from the General Revenue Fund of appropriation items 235-503, Ohio Instructional Grants, and 235-563, Ohio College Opportunity Grant, in fiscal year 2007. The combined increase to appropriation items 235-503, Ohio Instructional Grants, and 235-563, Ohio College Opportunity Grant, authorized under this section shall not exceed $30,000,000 in fiscal year 2007.
Section 512.12. DEPARTMENT OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES
By June 30, 2006, or as soon as possible thereafter, the Director of Budget and Management shall, to fulfill the requirement of section 5123.23 of the Revised Code, transfer $4,163.90 cash from the Miscellaneous Revenue Fund (Fund 152 in the Department of Mental Retardation and Developmental Disabilities) to the General Revenue Fund.
Section 512.15. TRANSFER TO DEPARTMENT OF JOB AND FAMILY SERVICES FOR PACE PAYMENTS
The Director of Job and Family Services and the Director of Aging may certify on a quarterly basis to the Director of Budget and Management the nonfederal amount paid to PACE providers for Medicaid services. On receipt of the certification, the Director of Budget and Management may:
(1) Transfer appropriations equal to the amount certified from GRF appropriation item 490-421, PACE, to GRF appropriation item 600-525, Health Care/Medicaid;
(2) Increase the appropriation of GRF appropriation item 600-525, Health Care/Medicaid, by the corresponding federal share; and
(3) Decrease the appropriation in appropriation item 490-621, PACE-Federal, (Fund 3C4) by the corresponding federal share.
Section 512.18. TRANSFER TO THE DEPARTMENT OF JOB AND FAMILY SERVICES FROM THE DEPARTMENT OF EDUCATION
Transfers from the Department of Education to the Department of Job and Family Services pursuant to section 3317.023 of the Revised Code are hereby appropriated to appropriation item 600-671, Medicaid Program Support. Federal funds generated by expenditure of the transfers are hereby appropriated to appropriation item 600-623, Health Care Federal. Within seven days after initiating the transfer, the Director of Job and Family Services shall notify the Director of Budget and Management of the transfer.
Section 515.03. (A) The Director of Budget and Management shall, on the effective date of this section, supersede and replace the Auditor of State in all matters relating to the drawing of warrants for the payment or transfer of money from the state treasury (referred to in this section as "the payment function"). With respect to the payment function, the Director shall succeed to and perform all of the duties, powers, and obligations of the Auditor of State provided for by law.
(B) Any aspect of the payment function commenced but not completed by the Auditor of State on the effective date of this section shall be completed by the Director or the staff of the Office of Budget and Management in the same manner, and with the same effect, as if completed by the Auditor of State or the staff of the Auditor of State. Any validation, cure, right, privilege, remedy, obligation, or liability related to the payment function is not lost or impaired by reason of the transfer required by this section and shall be administered by the Office of Budget and Management. All of the rules, orders, and determinations of the Auditor of State in relation to the payment function continue in effect as rules, orders, and determinations of the Director of Budget and Management until modified or rescinded by the Director. At the request of the Auditor of State and if necessary to ensure the integrity of the numbering of the Administrative Code, the Director of the Legislative Service Commission shall renumber rules of the Auditor of State in relation to the payment function to reflect the transfer to the Director of Budget and Management.
(C) Subject to the lay-off provisions of sections 124.321 to 124.328 of the Revised Code, the Auditor of State and the Director of Budget and Management shall identify the employees of the Auditor of State assigned to or responsible for the payment function who shall be transferred to the Office of Budget and Management. The transfer shall take effect on July 1, 2007, or as soon as possible thereafter.
(D) Whenever the Auditor of State in relation to the payment function is referred to in any law, contract, or other document, the reference shall be deemed to refer to the Director of Budget and Management.
(E) Any action or proceeding that is related to the payment function and is pending on the effective date of this section is not affected by the transfer and shall be prosecuted or defended in the name of the Director of Budget and Management or the Office of Budget and Management. In all such actions and proceedings the Director or the Office, upon application to the court, shall be substituted as a party.
Section 515.06. (A) The Director of Administrative Services, the Director of Agriculture, the Director of Health, and the Director of Environmental Protection shall enter into a memorandum of understanding concerning the co-location at the Department of Agriculture's campus in Reynoldsburg of the Department of Agriculture, Department of Health, and Ohio Environmental Protection Agency laboratory and related office and storage facilities. The memorandum shall include the agreed upon obligations and responsibilities of the agencies relative to the facilities, and it and any later revision shall not take effect unless approved by the Director of Budget and Management.
(B) Notwithstanding division (A)(12) of section 123.01 of the Revised Code, and as shall be specified in the memorandum, the Department of Agriculture shall be responsible for the maintenance and care of the co-located facilities, the cost of which care shall be itemized and proportionately allocated among the Department of Agriculture, the Department of Health, and the Ohio Environmental Protection Agency. Except for this requirement, nothing in this section affects the authority of the Department of Administrative Services under section 123.01 of the Revised Code.
(C) If required, the Office of Budget and Management and Department of Administrative Services shall assist in addressing issues regarding the memorandum's implementation.
Section 606.05. That Section 3 of Sub. H.B. 11 of the 126th General Assembly be amended to read as follows:
Sec. 3. (A) Notwithstanding anything to the contrary in division (E)(D) of section 3317.024 of the Revised Code, in section 3317.07 of the Revised Code or in rules adopted under that section, or in Section 206.09.21 of Am. Sub. H.B. 66 of the 126th General Assembly, during fiscal year 2006 only, upon receipt of a waiver granted by the Superintendent of Public Instruction a school district, educational service center, or county MR/DD board may use the portion of the funds paid under appropriation item 200-503, Bus Purchase Allowance, as approved in the waiver for purchasing fuel for school buses.
(B) In the manner specified by the Superintendent of Public Instruction for purposes of this section, a school district, educational service center, or county MR/DD board may apply to the Superintendent for a waiver to use funds paid during fiscal year 2006 under appropriation item 200-503, Bus Purchase Allowance, to purchase fuel for school buses. The Superintendent shall require the school district, educational service center, or county MR/DD board to report to the Superintendent by December 31, 2005, its total expenditures for fuel for buses in fiscal year 2005 and its estimated expenditures for fuel for buses in fiscal year 2006. The Superintendent may grant a waiver to a school district, educational service center, or county MR/DD board only if the following conditions are met:
(1) The district, service center, or county MR/DD board demonstrates to the Superintendent's satisfaction that it has a sufficient supply of buses or contracted bus service to meet its pupil transportation obligations for fiscal year 2006 without spending all or part of its allocation of funds under appropriation item 200-503, Bus Purchase Allowance.
(2) The district's, service center's, or county MR/DD board's estimate of expenditures for fuel for buses in fiscal year 2006 is higher than its expenditures for fuel for buses in fiscal year 2005.
The Superintendent shall prescribe in the waiver the portion of those funds allocated to the school district, service center, or county MR/DD board under appropriation item 200-503, Bus Purchase Allowance, that may be used for purchasing fuel for buses, which portion shall not exceed the difference between the estimated expenditures for fuel for buses in fiscal year 2006 and the expenditures for fuel for buses in fiscal year 2005.
(C) Not later than July 31, 2006, each school district, educational service center, and county MR/DD board that receives a waiver under this section shall report to the Superintendent of Public Instruction its actual expenditures to purchase fuel for school buses in fiscal year 2006. If the Superintendent determines that the district, service center, or county MR/DD board did not spend all of the funds from appropriation item 200-503, Bus Purchase Allowance, prescribed in the waiver to purchase fuel for buses, the district, service center, or county MR/DD board shall allocate the remainder of those funds for school bus purchases in fiscal year 2007.
(D) The Office of Pupil Transportation within the Department of Education may audit school districts, educational service centers, and county MR/DD boards that apply for waivers to ensure the accuracy of the data reported under this section. If the Office finds that a district, service center, or county MR/DD board has reported data inaccurately, the Department shall apply division (L) of section 3301.0714 of the Revised Code to that district, service center, or county MR/DD board.
Section 606.06. That existing Section 3 of Sub. H.B. 11 of the 126th General Assembly is hereby repealed.
Section 606.17. That Sections 203.09, 203.12, 203.12.12, 203.45, 203.51, 203.54,
203.66, 203.69, 203.84, 203.87, 203.99.01, 203.99.30, 203.99.48, 206.03, 206.09, 206.09.12, 206.09.15, 206.09.21, 206.09.27, 206.09.36, 206.09.39, 206.09.42, 206.09.61, 206.09.63, 206.09.66, 206.09.84, 206.16, 206.42, 206.42.09, 206.48, 206.66, 206.66.22, 206.66.23, 206.66.36, 206.66.64, 206.66.66, 206.66.84, 206.66.85, 206.66.91, 206.67.15, 206.67.21, 206.99, 209.04, 209.06.06, 209.06.09, 209.09.06, 209.09.18, 209.15, 209.18, 209.18.09, 209.24, 209.30, 209.33, 209.36, 209.45, 209.63, 209.63.42, 209.64.60, 209.72, 209.75, 209.78.03, 209.81, 209.90.06, 212.03, 212.24, 212.27, 212.30, 212.33, 557.12, and 612.36.03 of Am. Sub. H.B. 66 of the 126th General Assembly be amended to read as follows:
Sec. 203.09. ADJ ADJUTANT GENERAL
GRF |
745-401 |
|
Ohio Military Reserve |
|
$ |
15,188 |
|
$ |
15,188 |
GRF |
745-404 |
|
Air National Guard |
|
$ |
1,939,762 |
|
$ |
1,939,762 |
GRF |
745-407 |
|
National Guard Benefits |
|
$ |
1,400,000 |
|
$ |
1,400,000 |
GRF |
745-409 |
|
Central Administration |
|
$ |
3,949,590 |
|
$ |
3,949,590 |
GRF |
745-499 |
|
Army National Guard |
|
$ |
4,086,222 |
|
$ |
4,086,222 |
GRF |
745-502 |
|
Ohio National Guard Unit Fund |
|
$ |
102,973 |
|
$ |
102,973 |
TOTAL GRF General Revenue Fund |
|
$ |
11,493,735 |
|
$ |
11,493,735 |
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 |
|
Ohio National Guard Facility 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 Agreement |
|
$ |
12,174,760 |
|
$ |
12,174,760 |
3R8 |
745-603 |
|
Counter Drug Operations |
|
$ |
25,000 |
|
$ |
25,000 |
341 |
745-615 |
|
Air National Guard Base Security |
|
$ |
2,424,740 |
|
$ |
2,424,740 |
342 |
745-616 |
|
Army National Guard Agreement |
|
$ |
8,686,893 |
|
$ |
8,686,893 |
TOTAL FED Federal Special Revenue Fund Group |
|
$ |
23,311,393 |
|
$ |
23,311,393 |
State Special Revenue Fund Group
5DN |
745-618 |
|
Service Medal Production |
|
$ |
1,500 |
|
$ |
0 |
5U8 |
745-613 |
|
Community Match Armories |
|
$ |
90,000 |
|
$ |
91,800 |
528 |
745-605 |
|
Marksmanship Activities |
|
$ |
126,078 |
|
$ |
128,600 |
TOTAL SSR State Special Revenue Fund Group |
|
$ |
216,078 217,578 |
|
$ |
220,400 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
36,870,306 36,871,806 |
|
$ |
36,874,628 |
The foregoing appropriation item 745-407, National Guard Benefits, shall be used for purposes of sections 5919.31 and 5919.33 of the Revised Code, and for administrative costs of the associated programs.
For active duty members of the Ohio National Guard who died after October 7, 2001, while performing active duty, the death benefit, pursuant to section 5919.33 of the Revised Code, shall be paid to the beneficiary or beneficiaries designated on the member's Servicemembers' Group Life Insurance Policy.
Of the foregoing appropriation item 745-409, Central Administration, $50,000 in each fiscal year shall be used for the purpose of paying expenses related to state active duty of members of the Ohio organized militia, in accordance with a proclamation of the Governor. Expenses include, but are not limited to, the cost of equipment, supplies, and services, as determined by the Adjutant General's Department.
NATIONAL GUARD SERVICE MEDAL PRODUCTION
The foregoing appropriation item 745-618, Service Medal Production, shall be used to cover costs of production of the Commemorative National Guard Service Medal pursuant to section 5919.19 of the Revised Code.
CASH TRANSFER TO NATIONAL GUARD SERVICE MEDAL FUND
At the request of the Adjutant General, the Director of Budget and Management may transfer up to $1,500 cash from the General Revenue Fund to the National Guard Service Medal Fund (Fund 5DN) in fiscal year 2006.
Sec. 203.12. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES
GRF |
100-403 |
|
Public School Employee Benefits |
|
$ |
1,200,000 |
|
$ |
1,500,000 |
GRF |
100-404 |
|
CRP Procurement Program |
|
$ |
248,040 |
|
$ |
268,040 |
GRF |
100-405 |
|
Agency Audit Expenses |
|
$ |
329,000 |
|
$ |
329,000 |
GRF |
100-406 |
|
County
& University Human Resources Services |
|
$ |
60,000 280,000 |
|
$ |
60,000 940,000 |
GRF |
100-410 |
|
Veterans' Records Conversion |
|
$ |
69,000 |
|
$ |
48,600 |
GRF |
100-418 |
|
Web Sites and Business Gateway |
|
$ |
3,275,280 |
|
$ |
3,275,280 |
GRF |
100-419 |
|
IT Security Infrastructure |
|
$ |
1,636,247 |
|
$ |
1,636,247 |
GRF |
100-421 |
|
OAKS Project Implementation |
|
$ |
484,000 |
|
$ |
410,839 |
GRF |
100-433 |
|
State of Ohio Computer Center |
|
$ |
4,991,719 |
|
$ |
4,991,719 |
GRF |
100-439 |
|
Equal Opportunity Certification Programs |
|
$ |
726,481 |
|
$ |
728,384 |
GRF |
100-447 |
|
OBA - Building Rent Payments |
|
$ |
115,740,400 |
|
$ |
116,091,300 |
GRF |
100-448 |
|
OBA - Building Operating Payments |
|
$ |
25,393,250 |
|
$ |
25,647,183 |
GRF |
100-449 |
|
DAS - Building Operating Payments |
|
$ |
4,160,383 |
|
$ |
4,170,623 |
GRF |
100-451 |
|
Minority Affairs |
|
$ |
47,000 |
|
$ |
47,000 |
GRF |
100-734 |
|
Major Maintenance - State Bldgs |
|
$ |
50,000 |
|
$ |
50,000 |
GRF |
102-321 |
|
Construction Compliance |
|
$ |
1,190,959 |
|
$ |
1,206,779 |
GRF |
130-321 |
|
State Agency Support Services |
|
$ |
2,693,788 |
|
$ |
2,668,986 |
TOTAL GRF General Revenue Fund |
|
$ |
162,295,547 162,515,547 |
|
$ |
163,129,980 164,009,980 |
General Services Fund Group
112 |
100-616 |
|
DAS Administration |
|
$ |
5,221,393 |
|
$ |
5,299,427 |
115 |
100-632 |
|
Central Service Agency |
|
$ |
466,517 |
|
$ |
485,178 860,878 |
117 |
100-644 |
|
General Services Division - Operating |
|
$ |
6,834,247 |
|
$ |
7,245,772 |
122 |
100-637 |
|
Fleet Management |
|
$ |
4,025,043 |
|
$ |
4,032,968 |
125 |
100-622 |
|
Human Resources Division - Operating |
|
$ |
18,864,179 |
|
$ |
19,220,614 |
127 |
100-627 |
|
Vehicle Liability Insurance |
|
$ |
3,344,644 |
|
$ |
3,344,644 |
128 |
100-620 |
|
Collective Bargaining |
|
$ |
3,410,952 |
|
$ |
3,410,952 |
130 |
100-606 |
|
Risk Management Reserve |
|
$ |
223,904 |
|
$ |
223,904 |
131 |
100-639 |
|
State Architect's Office |
|
$ |
6,977,274 |
|
$ |
7,047,427 |
132 |
100-631 |
|
DAS Building Management |
|
$ |
10,721,430 |
|
$ |
11,066,228 |
133 |
100-607 |
|
IT Services Delivery |
|
$ |
81,418,432 |
|
$ |
80,345,564 |
188 |
100-649 |
|
Equal Opportunity Division - Operating |
|
$ |
993,378 |
|
$ |
1,010,256 |
201 |
100-653 |
|
General Services Resale Merchandise |
|
$ |
1,553,000 |
|
$ |
1,553,000 |
210 |
100-612 |
|
State Printing |
|
$ |
5,931,421 |
|
$ |
5,931,421 |
229 |
100-630 |
|
IT Governance |
|
$ |
18,531,812 |
|
$ |
17,601,712 |
4N6 |
100-617 |
|
Major IT Purchases |
|
$ |
10,617,166 |
|
$ |
10,617,166 |
4P3 |
100-603 |
|
DAS Information Services |
|
$ |
5,902,099 |
|
$ |
6,117,004 |
427 |
100-602 |
|
Investment Recovery |
|
$ |
5,580,208 |
|
$ |
5,683,564 |
5C2 |
100-605 |
|
MARCS Administration |
|
$ |
9,268,178 |
|
$ |
9,268,178 |
5C3 |
100-608 |
|
Skilled Trades |
|
$ |
1,406,278 |
|
$ |
1,434,982 |
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 |
|
$ |
936,129 |
|
$ |
936,129 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
216,927,684 |
|
$ |
216,576,090 216,951,790 |
Federal Special Revenue Fund Group
3AJ |
100-623 |
|
Information Technology Grants |
|
$ |
82,048 |
|
$ |
82,048 |
TOTAL FSR Federal Special Revenue Fund Group |
|
$ |
82,048 |
|
$ |
82,048 |
124 |
100-629 |
|
Payroll Deductions |
|
$ |
2,050,000,000 |
|
$ |
2,050,000,000 |
TOTAL AGY Agency Fund Group |
|
$ |
2,050,000,000 |
|
$ |
2,050,000,000 |
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 |
|
$ |
2,429,325,279 2,429,545,279 |
|
$ |
2,429,808,118 2,431,063,818 |
Sec. 203.12.12. CENTRAL SERVICE AGENCY FUND
The Director of Budget and Management may transfer up to
$363,851
in fiscal year 2006 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
$45,184 in fiscal
year
2006 from the State
Medical
Board
Operating Fund (Fund 5C6)
to the Central Service
Agency Fund
(Fund
115). The Director of Budget and Management may transfer up to $625 in fiscal year 2006 from the Motor Vehicle Collision Repair Registration Fund (Fund 5H9) 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 an automated application for the
professional
licensing
boards, and to support
their
licensing functions in fiscal year 2006. The amount
of the cash
transfers is
appropriated to
appropriation item
100-632,
Central
Service
Agency.
The Department of Administrative Services shall establish charges for recovering the costs of maintaining an automated application for the professional licensing boards and for the costs of supporting licensing functions in fiscal year 2007. In establishing these charges for fiscal year 2007 any changes from the method used to calculate fiscal year 2006 costs to be recovered via transfer of funds or any changes from the type of costs recovered through fiscal year 2006 transfers are subject to Controlling Board approval. The charges shall be billed to the professional licensing boards and deposited via intrastate transfer vouchers to the credit of the Central Service Agency Fund (Fund 115). Total Department of Administrative Services charges for the maintenance and support of the licensing system in fiscal year 2007 shall not exceed $375,700.
Sec. 203.45. ATH ATHLETIC COMMISSION
General Services Fund Group
4K9 |
175-609 |
|
Operating Expenses |
|
$ |
248,150 |
|
$ |
0 255,850 |
TOTAL GSF General Services Fund Group |
|
$ |
248,150 |
|
$ |
0 255,850 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
248,150 |
|
$ |
0 255,850 |
Sec. 203.51. AUD AUDITOR OF STATE
GRF |
070-321 |
|
Operating Expenses |
|
$ |
29,014,425 29,334,425 |
|
$ |
28,964,425 29,144,425 |
GRF |
070-403 |
|
Fiscal Watch/Emergency Technical Assistance |
|
$ |
500,000 |
|
$ |
500,000 |
GRF |
070-405 |
|
Electronic Data Processing - Auditing and Administration |
|
$ |
823,193 |
|
$ |
823,193 |
GRF |
070-406 |
|
Uniform Accounting Network/Technology Improvements Fund |
|
$ |
1,588,538 |
|
$ |
1,588,538 |
TOTAL GRF General Revenue Fund |
|
$ |
31,926,156 32,246,156 |
|
$ |
31,876,156 32,056,156 |
Auditor of State Fund Group
R06 |
070-604 |
|
Continuous Receipts |
|
$ |
35,000 |
|
$ |
35,000 |
109 |
070-601 |
|
Public Audit Expense - Intra-State |
|
$ |
9,300,000 12,000,000 |
|
$ |
9,300,000 12,000,000 |
422 |
070-601 |
|
Public Audit Expense - Local Government |
|
$ |
31,104,840 |
|
$ |
31,104,840 |
584 |
070-603 |
|
Training Program |
|
$ |
131,250 181,250 |
|
$ |
131,250 181,250 |
675 |
070-605 |
|
Uniform Accounting Network |
|
$ |
3,317,336 |
|
$ |
3,317,336 |
TOTAL AUS AUD Auditor of State Fund |
|
|
|
|
|
|
Group |
|
$ |
43,888,426 46,638,426 |
|
$ |
43,888,426 46,638,426 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
75,814,582 78,884,582 |
|
$ |
75,764,582 78,694,582 |
BILLING PRACTICES PILOT REVIEW
Of the foregoing appropriation item 070-321, Operating Expenses, $50,000 shall be used by the Auditor of State to conduct a pilot review of the billing practices of facilities licensed by the Department of Mental Health and the Department of Job and Family Services that serve children in a residential setting for whom mental health treatment services are provided. In conducting this review, the Auditor of State shall have access to any information, records, or other data that would otherwise be available to any federal, state, or local public agency that provides funding to the facility.
The Auditor of State shall prepare a report on the conclusions of the pilot review, and shall furnish copies of the report to the Governor, the Speaker of the House of Representatives, and the President of the Senate, as well as to the majority and minority leaders of the House of Representatives and the Senate, by June 30, 2006.
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 2006 is
transferred to fiscal year 2007 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 2006 is transferred to fiscal year 2007
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 2006 is transferred to fiscal year
2007 to pay
the costs of developing and implementing the
Uniform
Accounting Network and technology improvements for the
Office of
the Auditor of State.
Sec. 203.54. BRB BOARD OF BARBER EXAMINERS
General Services Fund Group
4K9 |
877-609 |
|
Operating Expenses |
|
$ |
568,126 |
|
$ |
0 567,119 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
568,126 |
|
$ |
0 567,119 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
568,126 |
|
$ |
0 567,119 |
Sec. 203.66. CDP CHEMICAL DEPENDENCY PROFESSIONALS BOARD
General Services Fund Group
4K9 |
930-609 |
|
Operating Expenses |
|
$ |
452,976 |
|
$ |
0 452,729 |
TOTAL GSF General Services Fund Group |
|
$ |
452,976 |
|
$ |
0 452,729 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
452,976 |
|
$ |
0 452,729 |
Sec. 203.69. CHR STATE CHIROPRACTIC BOARD
General Services Fund Group
4K9 |
878-609 |
|
Operating Expenses |
|
$ |
605,278 |
|
$ |
0 621,621 |
TOTAL GSF General Services Fund Group |
|
$ |
605,278 |
|
$ |
0 621,621 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
605,278 |
|
$ |
0 621,621 |
Sec. 203.84. COS STATE BOARD OF COSMETOLOGY
General Services Fund Group
4K9 |
879-609 |
|
Operating Expenses |
|
$ |
2,929,630 |
|
$ |
0 2,951,179 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
2,929,630 |
|
$ |
0 2,951,179 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
2,929,630 |
|
$ |
0 2,951,179 |
Sec. 203.87. CSW COUNSELOR, SOCIAL WORKER, AND MARRIAGE AND FAMILY THERAPIST BOARD
General Services Fund Group
4K9 |
899-609 |
|
Operating Expenses |
|
$ |
1,058,445 |
|
$ |
0 1,057,519 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
1,058,445 |
|
$ |
0 1,057,519 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,058,445 |
|
$ |
0 1,057,519 |
Sec. 203.99.01. OPERATING EXPENSES
Of the foregoing appropriation item 195-321, Operating Expenses, $50,000 in fiscal year 2006 and $35,000 in fiscal year 2007 shall be used for by Crawford County to hire an employee to act as a for local economic development coordinator for Crawford, Hancock, Richland, and Marion Counties purposes.
Sec. 203.99.30. 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, $25,000 in each fiscal year shall be used for the Lorain County Visitors Bureau.
Of the foregoing appropriation item 195-507, Travel and Tourism Grants, $25,000 in each fiscal year shall be used for the Sandusky/Erie County Visitors and Convention Bureau.
Of the foregoing appropriation item 195-507, Travel and Tourism Grants, $25,000 in each fiscal year shall be used for the Ottawa County Convention and Visitors Bureau.
Of the foregoing appropriation item 195-507, Travel and Tourism Grants, $50,000 in each fiscal year shall be used for the Greene County Convention and Visitors Bureau.
Of the foregoing appropriation item 195-507, Travel and Tourism Grants, $45,000 in each fiscal year shall be used for the Warren County Convention and Visitors Bureau.
Of the foregoing appropriation item 195-507, Travel and Tourism Grants, $25,000 in each fiscal year shall be used for grants to the Wood County Economic Development Commission.
Of the foregoing appropriation item 195-507, Travel and Tourism Grants, $50,000 in each fiscal year shall be used for the Wright Dunbar Historical Site.
Of the foregoing appropriation item 195-507, Travel and Tourism Grants, up to $120,000 in each fiscal year may be used to support the outdoor dramas "Trumpet in the Land," "Blue Jacket," and "Tecumseh!".
Of the foregoing appropriation item 195-507, Travel and Tourism Grants, $40,000 in each fiscal year shall be used for the Cincinnati Film Commission and $40,000 in each fiscal year shall be used for the Cleveland Film Commission.
Of the foregoing appropriation item 195-507, Travel and Tourism Grants, $100,000 in each fiscal year shall be used for the Cleveland Institute of Art.
Of the foregoing appropriation item 195-507, Travel and Tourism Grants, up to $500,000 in each fiscal year shall be used for grants to The International Center for the Preservation of Wild Animals.
Of the foregoing appropriation item 195-507, Travel and Tourism Grants, $50,000 in each fiscal year shall be used for the Lake Shore Railway Association, Inc.
Of the foregoing appropriation item 195-507, Travel and Tourism Grants, $50,000 in each fiscal year shall be used for the Ohio River Trails program.
Of the foregoing appropriation item 195-507, Travel and Tourism Grants, $12,500 in each fiscal year shall be used for the Morgan County Community Improvement Corporation.
Of the foregoing appropriation item 195-507, Travel and Tourism Grants, $25,000 in fiscal year 2006 shall be used for the Ohio Buckeye Junior Hereford Association.
Of the foregoing appropriation item 195-507, Travel and Tourism Grants, $100,000 in fiscal year 2006 shall be used for grants to the NCR U.S. Senior Open.
Of the foregoing appropriation item 195-507, Travel and Tourism Grants, $5,000 in each fiscal year shall be used for the Canton Football Hall of Fame Festival.
Sec. 203.99.48. 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 each 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 under division (B) of section
166.03 of the Revised Code.
Notwithstanding Chapter 166. of the Revised Code, up to $5,000,000 in cash each fiscal year may be transferred from the Facilities Establishment Fund (Fund 037) to the Shovel Ready Sites Fund (Fund 5CA). The transfer is subject to Controlling Board approval under division (B) of section 166.03 of the Revised Code.
Notwithstanding Chapter 166. of the Revised Code, up to
$10,950,000 $16,425,000 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
$3,000,000 each 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 under
section 166.03 of the Revised Code.
Notwithstanding Chapter 166. of the Revised Code, up to
$1,000,000 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. The
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 under
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) is entitled to
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 under 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
$3,000,000
each 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 under
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
each 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 under
section 166.03 of the Revised Code.
INNOVATION OHIO LOAN FUND
The foregoing appropriation item 195-664, Innovation Ohio, shall be used to provide for innovation Ohio purposes, including loan guarantees and loans under Chapter 166. and particularly sections 166.12 to 166.16 of the Revised Code.
The foregoing appropriation item 195-665, Research and Development, shall be used to provide for research and development purposes, including loans, under Chapter 166. and particularly sections 166.17 to 166.21 of the Revised Code.
Sec. 206.03. OBD OHIO BOARD OF DIETETICS
General Services Fund Group
4K9 |
860-609 |
|
Operating Expenses |
|
$ |
332,495 |
|
$ |
0 330,320 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
332,495 |
|
$ |
0 330,320 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
332,495 |
|
$ |
0 330,320 |
Sec. 206.09. EDU DEPARTMENT OF EDUCATION
GRF |
200-100 |
|
Personal Services |
|
$ |
9,880,406 |
|
$ |
10,880,655 |
GRF |
200-320 |
|
Maintenance and Equipment |
|
$ |
4,344,235 |
|
$ |
4,344,235 |
GRF |
200-408 |
|
Early Childhood Education |
|
$ |
19,002,195 |
|
$ |
19,002,195 |
GRF |
200-410 |
|
Educator Training |
|
$ |
19,302,057 |
|
$ |
19,802,057 |
GRF |
200-416 |
|
Career-Technical Education Match |
|
$ |
2,233,195 |
|
$ |
2,233,195 |
GRF |
200-420 |
|
Computer/Application/ Network Development |
|
$ |
5,361,525 |
|
$ |
5,361,525 |
GRF |
200-421 |
|
Alternative Education Programs |
|
$ |
13,907,665 |
|
$ |
13,732,665 |
GRF |
200-422 |
|
School Management Assistance |
|
$ |
2,683,208 |
|
$ |
2,710,572 |
GRF |
200-424 |
|
Policy Analysis |
|
$ |
556,687 |
|
$ |
556,687 |
GRF |
200-425 |
|
Tech Prep Consortia Support |
|
$ |
2,069,217 |
|
$ |
2,069,217 |
GRF |
200-426 |
|
Ohio Educational Computer Network |
|
$ |
30,446,197 |
|
$ |
30,446,197 |
GRF |
200-427 |
|
Academic Standards |
|
$ |
11,607,753 |
|
$ |
11,679,181 |
GRF |
200-431 |
|
School Improvement Initiatives |
|
$ |
21,813,649 |
|
$ |
23,842,828 |
GRF |
200-433 |
|
Reading/Writing Improvement-Professional Development |
|
$ |
16,165,000 |
|
$ |
16,165,000 |
GRF |
200-437 |
|
Student Assessment |
|
$ |
54,445,234 |
|
$ |
60,011,935 |
GRF |
200-439 |
|
Accountability/Report Cards |
|
$ |
3,878,850 |
|
$ |
7,457,290 |
GRF |
200-442 |
|
Child Care Licensing |
|
$ |
1,302,495 |
|
$ |
1,302,495 |
GRF |
200-445 |
|
OhioReads Volunteer Support |
|
$ |
3,905,000 |
|
$ |
3,905,000 |
GRF |
200-446 |
|
Education Management Information System |
|
$ |
15,674,805 |
|
$ |
15,674,805 |
GRF |
200-447 |
|
GED Testing |
|
$ |
1,544,360 |
|
$ |
1,544,360 |
GRF |
200-448 |
|
Educator Preparation |
|
$ |
1,651,000 |
|
$ |
1,651,000 |
GRF |
200-455 |
|
Community Schools |
|
$ |
2,942,094 |
|
$ |
2,942,094 |
GRF |
200-502 |
|
Pupil Transportation |
|
$ |
412,330,728 |
|
$ |
420,577,343 |
GRF |
200-503 |
|
Bus Purchase
Allowance |
|
$ |
8,600,000 |
|
$ |
14,000,000 |
GRF |
200-505 |
|
School Lunch Match |
|
$ |
8,998,025 |
|
$ |
8,998,025 |
GRF |
200-509 |
|
Adult Literacy Education |
|
$ |
8,669,738 |
|
$ |
8,669,738 |
GRF |
200-511 |
|
Auxiliary Services |
|
$ |
127,903,356 |
|
$ |
127,903,356 |
GRF |
200-514 |
|
Postsecondary Adult Career-Technical Education |
|
$ |
19,481,875 |
|
$ |
19,481,875 |
GRF |
200-521 |
|
Gifted Pupil Program |
|
$ |
46,910,068 |
|
$ |
47,157,293 |
GRF |
200-532 |
|
Nonpublic Administrative Cost Reimbursement |
|
$ |
56,762,916 |
|
$ |
58,068,463 |
GRF |
200-540 |
|
Special Education Enhancements |
|
$ |
134,169,606 |
|
$ |
135,430,125 |
GRF |
200-545 |
|
Career-Technical Education Enhancements |
|
$ |
10,169,442 |
|
$ |
9,225,569 |
GRF |
200-550 |
|
Foundation Funding |
|
$ |
5,579,031,663 |
|
$ |
5,709,057,366 |
GRF |
200-558 |
|
Emergency Loan Interest Subsidy |
|
$ |
1,388,164 |
|
$ |
651,404 |
GRF |
200-566 |
|
Reading/Writing Improvement-Classroom Grants |
|
$ |
12,062,336 |
|
$ |
12,062,336 |
GRF |
200-578 |
|
Safe and Supportive Schools |
|
$ |
1,218,555 |
|
$ |
1,218,555 |
GRF |
200-901 |
|
Property Tax Allocation - Education |
|
$ |
764,626,987 |
|
$ |
728,793,318 |
GRF |
200-906 |
|
Tangible Tax Exemption - Education |
|
$ |
42,830,487 |
|
$ |
32,122,865 |
TOTAL GRF General Revenue Fund |
|
$ |
7,479,870,773 |
|
$ |
7,590,732,819 |
General Services Fund Group
138 |
200-606 |
|
Computer Services-Operational Support |
|
$ |
7,600,091 |
|
$ |
7,600,091 |
4D1 |
200-602 |
|
Ohio Prevention/Education Resource Center |
|
$ |
832,000 |
|
$ |
832,000 |
4L2 |
200-681 |
|
Teacher Certification and Licensure |
|
$ |
5,497,158 |
|
$ |
5,628,332 |
452 |
200-638 |
|
Miscellaneous Educational Services |
|
$ |
400,000 |
|
$ |
400,000 |
5H3 |
200-687 |
|
School District Solvency Assistance |
|
$ |
18,000,000 |
|
$ |
18,000,000 |
596 |
200-656 |
|
Ohio Career Information System |
|
$ |
529,761 |
|
$ |
529,761 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
32,859,010 |
|
$ |
32,990,184 |
Federal Special Revenue Fund Group
3AF |
200-603 |
|
Schools Medicaid Administrative Claims |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
3C5 |
200-661 |
|
Early Childhood Education |
|
$ |
23,874,338 |
|
$ |
23,874,338 |
3D1 |
200-664 |
|
Drug Free Schools |
|
$ |
13,347,966 |
|
$ |
13,347,966 |
3D2 |
200-667 |
|
Honors Scholarship Program |
|
$ |
5,812,903 |
|
$ |
5,833,965 |
3H9 |
200-605 |
|
Head Start Collaboration Project |
|
$ |
275,000 |
|
$ |
275,000 |
3L6 |
200-617 |
|
Federal School Lunch |
|
$ |
220,256,132 |
|
$ |
227,583,653 |
3L7 |
200-618 |
|
Federal School Breakfast |
|
$ |
56,382,851 |
|
$ |
58,405,608 |
3L8 |
200-619 |
|
Child/Adult Food Programs |
|
$ |
66,590,622 |
|
$ |
67,915,843 |
3L9 |
200-621 |
|
Career-Technical Education Basic Grant |
|
$ |
48,029,701 |
|
$ |
48,029,701 |
3M0 |
200-623 |
|
ESEA Title 1A |
|
$ |
440,260,178 |
|
$ |
461,026,070 |
3M1 |
200-678 |
|
Innovative Education |
|
$ |
11,800,000 |
|
$ |
11,800,000 |
3M2 |
200-680 |
|
Individuals with Disabilities Education Act |
|
$ |
513,058,569 |
|
$ |
605,581,547 |
3S2 |
200-641 |
|
Education Technology |
|
$ |
20,800,000 |
|
$ |
20,800,000 |
3T4 |
200-613 |
|
Public Charter Schools |
|
$ |
22,000,000 |
|
$ |
22,000,000 |
3U2 |
200-662 |
|
Teacher Quality Enhancement Grants |
|
$ |
795,280 |
|
$ |
795,280 |
3X5 |
200-684 |
|
School Renovation/IDEA |
|
$ |
2,200,000 |
|
$ |
0 |
3Y2 |
200-688 |
|
21st Century Community Learning Centers |
|
$ |
30,681,554 |
|
$ |
30,681,554 |
3Y4 |
200-632 |
|
Reading First |
|
$ |
50,775,637 |
|
$ |
31,215,798 |
3Y5 |
200-634 |
|
Community Service Grants |
|
$ |
1,000,000 |
|
$ |
0 |
3Y6 |
200-635 |
|
Improving Teacher Quality |
|
$ |
107,000,000 |
|
$ |
107,000,000 |
3Y7 |
200-689 |
|
English Language Acquisition |
|
$ |
8,500,000 |
|
$ |
9,000,000 |
3Y8 |
200-639 |
|
Rural and Low Income |
|
$ |
1,700,000 |
|
$ |
1,700,000 |
3Z2 |
200-690 |
|
State Assessments |
|
$ |
12,681,031 |
|
$ |
12,883,799 |
3Z3 |
200-645 |
|
Consolidated USDE
Administration |
|
$ |
9,200,000 |
|
$ |
9,200,000 |
309 |
200-601 |
|
Educationally Disadvantaged |
|
$ |
19,658,846 |
|
$ |
19,658,846 |
366 |
200-604 |
|
Adult
Basic Education |
|
$ |
18,500,000 |
|
$ |
18,500,000 |
367 |
200-607 |
|
School Food Services |
|
$ |
11,383,637 |
|
$ |
11,666,732 |
368 |
200-614 |
|
Veterans' Training |
|
$ |
672,961 |
|
$ |
691,130 |
369 |
200-616 |
|
Career-Technical Education Federal Enhancement |
|
$ |
6,500,000 |
|
$ |
6,500,000 |
370 |
200-624 |
|
Education of Exceptional Children |
|
$ |
2,386,610 |
|
$ |
2,386,610 |
371 |
200-631 |
|
Immigrant Education Opportunities |
|
$ |
400,000 |
|
$ |
400,000 |
374 |
200-647 |
|
Troops to Teachers |
|
$ |
1,600,000 |
|
$ |
0 |
378 |
200-660 |
|
Learn and Serve |
|
$ |
1,200,000 |
|
$ |
1,200,000 |
TOTAL FED Federal Special |
|
|
|
|
|
|
Revenue Fund Group |
|
$ |
1,730,323,816 |
|
$ |
1,830,953,440 |
State Special Revenue Fund Group
4R7 |
200-695 |
|
Indirect Operational Support |
|
$ |
5,382,864 |
|
$ |
5,449,748 |
4V7 |
200-633 |
|
Interagency Operational Support |
|
$ |
500,000 |
|
$ |
500,000 |
454 |
200-610 |
|
Guidance and Testing |
|
$ |
400,000 |
|
$ |
400,000 |
455 |
200-608 |
|
Commodity Foods |
|
$ |
24,000,000 |
|
$ |
24,000,000 |
5BB |
200-696 |
|
State Action for Education Leadership |
|
$ |
1,200,000 |
|
$ |
1,200,000 |
5BJ |
200-626 |
|
Half-Mill Maintenance Equalization |
|
$ |
0 |
|
$ |
10,700,000 |
5U2 |
200-685 |
|
National Education Statistics |
|
$ |
300,000 |
|
$ |
300,000 |
5W2 |
200-663 |
|
Early Learning Initiative |
|
$ |
106,580,000 |
|
$ |
127,456,000 |
598 |
200-659 |
|
Auxiliary Services Reimbursement |
|
$ |
1,328,910 |
|
$ |
1,328,910 |
620 |
200-615 |
|
Educational Improvement Grants |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
140,691,774 |
|
$ |
172,334,658 |
Lottery Profits Education Fund Group
017 |
200-612 |
|
Foundation Funding |
|
$ |
606,208,300 |
|
$ |
606,296,800 |
017 |
200-682 |
|
Lease Rental Payment Reimbursement |
|
$ |
31,691,700 |
|
$ |
31,603,200 |
TOTAL LPE Lottery Profits |
|
|
|
|
|
|
Education Fund Group |
|
$ |
637,900,000 |
|
$ |
637,900,000 |
Revenue Distribution Fund Group
047 |
200-909 |
|
School District Property Tax Replacement-Business |
|
$ |
49,350,000 67,350,000 |
|
$ |
369,054,000 420,000,000 |
053 |
200-900 |
|
School District Property Tax Replacement-Utility |
|
$ |
116,647,522 |
|
$ |
101,647,522 |
TOTAL RDF Revenue Distribution |
|
|
|
|
|
|
Fund Group |
|
$ |
165,997,522 183,997,522 |
|
$ |
470,701,522 521,647,522 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
10,187,642,895 10,205,642,895 |
|
$ |
10,735,612,623 10,786,558,623 |
Sec. 206.09.12. COMPUTER/APPLICATION/NETWORK DEVELOPMENT
The foregoing appropriation item 200-420, Computer/Application/Network
Development, shall be used to support the development and
implementation of information technology solutions
designed to
improve the performance
and services 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, up to $6,227,310 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 up to $6,408,074 $6,161,074 in each fiscal
year shall be used for the renewal
of successful implementation 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 in which
the grant will not serve as the
program's
primary source of
funding. These grants shall be
administered by the
Department of
Education.
The Department of Education may waive
compliance with any
minimum education standard established under section
3301.07 of
the Revised Code for any alternative school that
receives a grant
under this section on
the grounds that the waiver will enable the
program to more effectively
educate students enrolled in the
alternative school.
Of the foregoing appropriation item 200-421, Alternative
Education Programs, up to $422,281 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, $247,000 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, up to $675,000 in fiscal year 2006 and up to $500,000 in fiscal year 2007 may be used by the Department of Education to administer the Educational Choice Scholarship Pilot Program established under section 3310.02 of the Revised Code.
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, $100,000 in each fiscal year shall be used for the Youth Opportunities United, Inc.
SCHOOL MANAGEMENT ASSISTANCE
Of the foregoing appropriation item 200-422, School
Management Assistance, up to $1,315,000 in each fiscal year shall be used by the Auditor of State in consultation with the Department of Education for
expenses incurred in the Auditor of State's role relating to
fiscal caution, fiscal watch, and fiscal emergency activities as defined in Chapter 3316. of the
Revised Code and may also be used to conduct performance audits consistent with the recommendations of the Governor's Blue Ribbon Task Force on Financing Student Success, with priority given to districts in fiscal distress. 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 under section 3301.07
of the
Revised Code.
Of the foregoing appropriation item 200-426, Ohio Educational
Computer
Network, up to $18,136,691 in each fiscal year shall be used by the Department of
Education to support connection of
all public school buildings and participating chartered nonpublic schools 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, any
community school established under Chapter 3314. of the Revised
Code, any educational service center building used for
instructional purposes, 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 $1,700,000 in each fiscal year shall be used for the Union Catalog
and InfOhio Network.
Of the foregoing appropriation item 200-426, Ohio Educational Computer Network, up to $8,338,468 in each fiscal year shall 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.
Of the foregoing appropriation item 200-426, Ohio Educational Computer Network, up to $769,223 in each fiscal year shall be used for the INFOhio Network to support the provision of electronic resources with priority given to resources that support the teaching of state academic content standards to all public schools. Consideration shall be given by the Department of Education to coordinating the allocation of these moneys with the efforts of Libraries Connect Ohio, whose members include OhioLINK, the Ohio Public Information Network, and the State Library of Ohio.
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. This technical assistance shall include, but not be restricted to, development and maintenance of adequate computer software systems to support network activities. 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 $747,912 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.
Of the foregoing appropriation item 200-427, Academic Standards, $150,000 in each fiscal year shall be used by the Department in combination with funding earmarked for this purpose in the Board of Regents' budget under appropriation item 235-321, Operating Expenses. Such funding shall be used to support Ohio's Partnership for Continued Learning at the direction of the Office of the Governor. Ohio's Partnership for Continued Learning replaces and broadens the former Joint Council of the Department of Education and the Board of Regents. The Partnership shall advise and make recommendations to promote collaboration among relevant state entities in an effort to help local communities develop coherent and successful "P-16" learning systems. The Governor, or the Governor's designee, shall serve as the chairperson.
Of the foregoing appropriation item 200-427, Academic Standards, $1,000,000 in each fiscal year shall be used for Project Lead the Way leadership and management oversight and initial and continuing support of Project Lead the Way workforce development programs in participating school districts. Project Lead the Way is a program that supports students interested in pursuing engineering professions and stimulates growth of career pathways that meet business and industry workforce needs.
Of the foregoing appropriation item 200-427, Academic Standards, up to $2,600,000 in each fiscal year shall be used for intensive teacher professional development institutes that focus on classroom implementation of the mathematics standards.
Of the foregoing appropriation item 200-427, Academic Standards, $200,000 in each fiscal year may be used to support the Ohio Resource Center for Math and Science.
Of the foregoing appropriation item 200-427, Academic Standards, up to $282,000 in each fiscal year shall be used for the JASON Expedition project that provides statewide access to JASON Expedition content. Funds shall be used to provide professional development training for teachers participating in the project, statewide management, and a seventy-five per cent subsidy for statewide licensing of JASON Expedition content with priority given to content aligned with state academic content standards for approximately 90,000 middle school students statewide.
Of the foregoing appropriation item 200-427, Academic Standards, $285,000 in each fiscal year shall be used for the Ohio Science Institute (OSCI).
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.
Sec. 206.09.15. SCHOOL IMPROVEMENT INITIATIVES
Of the foregoing appropriation item 200-431, School Improvement Initiatives, $300,000 in fiscal year 2006 and $450,000 in fiscal year 2007 shall be used for Ohio's Rural Appalachian Leadership Development Initiative.
Of the foregoing appropriation item 200-431, School Improvement Initiatives, up to $601,165 in each fiscal year shall be used by the Department of Education to contract with educational media centers to provide Ohio public schools with instructional resources and services with priority given to resources and services aligned with state academic content standards.
Of the foregoing appropriation item 200-431, School
Improvement Initiatives,
up to $13,972,949 in fiscal year 2006 and $13,672,678 in fiscal year 2007 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, to support a statewide comprehensive system of field relations that support local educators' abilities to foster academic achievement in the students they serve, 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. The field relations system 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 200-431, School Improvement Initiatives, up to $315,000 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, $1,574,535 in fiscal year 2006 and $2,753,985 in fiscal year 2007 shall be used in conjunction with funding provided in the Board of Regents' budget under appropriation item 235-434, College Readiness and Access, to create early college high schools, which are small, autonomous schools that blend high school and college into a coherent educational program. The funds shall be distributed according to guidelines established by the Department of Education and the Board of Regents.
Of the foregoing appropriation item 200-431, School Improvement Initiatives, up to $2,935,000 in fiscal year 2006 and up to $4,935,000 in fiscal year 2007 shall be used in partnership with nonprofit groups with expertise in converting existing large urban high schools into small, personalized high schools. Districts eligible for such funding include the Urban 21 high schools, as defined in division (O) of section 3317.02 of the Revised Code as it existed prior to July 1, 1998.
Of the foregoing appropriation item 200-431, School Improvement Initiatives, up to $65,000 in each fiscal year shall be provided to Southern State Community College for the Pilot Post-Secondary Enrollment Options Program with Miami Trace High School.
Of the foregoing appropriation item 200-431, School Improvement Initiatives, $1,000,000 in each fiscal year shall be used to support Jobs for Ohio Graduates (JOG). The Department of Education shall require a two-to-one match of local funding to state funding before releasing these funds to JOG.
Of the foregoing appropriation item 200-431, School Improvement Initiatives, $50,000 in each fiscal year shall be used for the Big City Schools Program in Cincinnati.
Of the foregoing appropriation item 200-431, School Improvement Initiatives, $1,000,000 shall be used in fiscal year 2006 to support Improved Solutions for Urban Students (ISUS) in Dayton.
READING/WRITING IMPROVEMENT-PROFESSIONAL DEVELOPMENT
Of the foregoing appropriation item 200-433, Reading/Writing
Improvement-Professional Development, up to $9,790,000 in each fiscal year shall be used
for educator training in literacy for classroom teachers,
administrators, and literacy specialists.
Of the foregoing appropriation item 200-433, Reading/Writing Improvement-Professional Development, up to $5,000,000 in each fiscal year shall be used to support literacy professional development partnerships between the Department of Education, higher education institutions, literacy networks, and school districts.
Of the foregoing appropriation item 200-433, Reading/Writing Improvement–Professional Development, up to $900,000 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 set-aside also may be used to conduct evaluations of the impact and effectiveness of Reading Recovery and other reading improvement programs.
Of the foregoing appropriation item 200-433, Reading/Writing Improvement-Professional Development, up to $250,000 in each fiscal year shall be used for the Waterford Early Reading Program.
The remainder of appropriation item 200-433, Reading/Writing Improvement-Professional Development, shall be used by the Department of Education to provide administrative support of literacy professional development programs.
The foregoing 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
Of the foregoing appropriation item 200-439, Accountability/Report Cards, up to $200,100 in fiscal year 2006 and up to $3,778,540 in fiscal year 2007 shall be used by the Department of Education to incorporate a statewide pilot value-added progress dimension into performance ratings for school districts and to train regional specialists. This funding shall be used in consultation with a credible nonprofit organization with expertise in value-added progress dimensions.
The remainder of the 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 under section 3302.03 of the Revised Code.
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 under sections 3301.52 to 3301.59
of the Revised Code.
OHIOREADS VOLUNTEER SUPPORT
The foregoing appropriation item 200-445, OhioReads
Volunteer Support,
may be allocated by the Department of Education for volunteer coordinators in
public school buildings, for background checks for volunteers, to evaluate
programs, and to develop, implement, and support literacy improvement activities and interventions for students in grades kindergarten through twelve.
Sec. 206.09.21. 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 $58,115,428 in fiscal year 2006 and up to $59,277,737 in fiscal year 2007 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)(J) 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.
Notwithstanding the distribution formula outlined in division (D) of section 3317.022 of the Revised Code, each school district shall receive an additional two per cent in state funding for transportation in fiscal year 2006 over what was received in fiscal year 2005, and the local share of transportation costs that is used in the calculation of the charge-off supplement and excess cost supplement for each school district in fiscal year 2006 shall be increased by two per cent from that used in calculations in fiscal year 2005.
Notwithstanding the distribution formula outlined in division (D) of section 3317.022 of the Revised Code, each school district shall receive an additional two per cent in state funding for transportation in fiscal year 2007 over what was received in fiscal year 2006, and the local share of transportation costs that is used in the calculation of the charge-off supplement and excess cost supplement for each school district in fiscal year 2007 shall be increased by two per cent from that used in calculations in fiscal year 2006.
The Department of Education shall recommend a new formula for allocating state funds for transportation costs. The Department shall submit the recommendation to the Director of Budget and Management, the Speaker of the House of Representatives, and the President of the Senate not later than July 1, 2006.
School districts not receiving state funding for transportation in fiscal year 2005 under division (D) of section 3317.022 of the Revised Code shall not receive state funding for transportation in fiscal year 2006 or fiscal year 2007.
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.
Sec. 206.09.27. 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 under division (P)(L) 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
$4,700,000 in each fiscal year may
be used as an additional
supplement for identifying gifted
students under Chapter 3324. of the
Revised Code.
Of the foregoing appropriation item 200-521, Gifted Pupil
Program, the
Department of Education may expend up to $940,000
in each fiscal
year for the Summer Honors Institute for
gifted freshman and
sophomore high school students. Up to
$65,800
in each fiscal year shall be used for the Ohio
Summer School for
the
Gifted (Martin Essex Program).
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.
Sec. 206.09.36. FOUNDATION FUNDING
The foregoing appropriation item 200-550, Foundation Funding,
includes $85,000,000 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. Upon certification by the
Department of Education, in consultation with the Department of Taxation, to the Director of Budget and
Management of the actual state aid offset, the cash transfer from fund Fund 053, appropriation item 200-900, School District Property Tax Replacement - Utility, shall be decreased or increased by the Director of Budget and Management to match the certification in accordance with section 5727.84 of the Revised Code.
Of the foregoing appropriation item 200-550, Foundation
Funding,
up to $425,000 shall be expended in each fiscal year for
court payments under section 2151.357 of the
Revised Code; an amount shall be available in each fiscal year for the cost of reappraisal guarantee under 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 under division (R)(N)
of section 3317.024 of the Revised Code; an amount shall be
available in each fiscal year to make
payments to school
districts under division (A)(3) of section 3317.022
of the
Revised Code; an amount shall be available in each fiscal year to
make payments to school districts under 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 under
division (C) of section 3317.0212 of the Revised Code; and up
to $30,000,000 in
each fiscal year shall be
reserved for
payments under sections 3317.026,
3317.027,
and 3317.028 of
the Revised Code
except that the
Controlling
Board may increase
the $30,000,000
amount if presented
with such a
request from the
Department of
Education. Of the
foregoing
appropriation item
200-550, Foundation
Funding,
up to
$18,000,000 in fiscal year 2006 and up to $19,000,000 in fiscal year 2007 shall be used to
provide
additional
state aid to school districts for special
education
students under 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
under
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
under 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 under division (C)(1) of section 3317.022 and division (D)(1) of section 3317.16 of the Revised Code.
Of the foregoing appropriation item 200-550, Foundation Funding, an amount shall be available in each fiscal year to be used by the Department of Education for transitional aid for school districts and joint vocational school districts. Funds shall be distributed under the sections of this act entitled "TRANSITIONAL AID FOR CITY, LOCAL, AND EXEMPTED VILLAGE SCHOOL DISTRICTS" AND and "TRANSITIONAL AID FOR JOINT VOCATIONAL SCHOOL DISTRICTS."
Of the foregoing appropriation item 200-550, Foundation
Funding, up
to $1,000,000 in each fiscal year shall be
used by the
Department of Education for a 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 of this act entitled "PRIVATE TREATMENT FACILITY PROJECT."
Of the foregoing appropriation item 200-550, Foundation
Funding,
up to
$3,700,000 in each fiscal year
shall be used for school breakfast
programs. Of this amount, up to
$900,000
shall be used in each fiscal
year by the Department of Education to contract with the Children's Hunger Alliance to expand access to child nutrition programs consistent with the organization's continued ability to meet specified performance measures as detailed in the contract. Of this amount, the Children's Hunger Alliance shall use at least $150,000 in each fiscal year to subcontract with an appropriate organization or organizations to expand summer food participation in underserved areas of the state, consistent with those organizations' continued ability to meet specified performance measures as detailed in the subcontracts. 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 under section 3313.813 of the
Revised Code, at
a rate decided by the Department.
Of the foregoing appropriation item 200-550, Foundation Funding, up to $8,800,000 in fiscal year 2006 and up to $8,600,000 in fiscal year 2007 shall be used to operate the school choice program in the Cleveland Municipal School District under sections 3313.974 to 3313.979 of the Revised Code.
Of the portion of the funds distributed to the Cleveland Municipal
School
District under this section, up to $10,401,887 in fiscal year 2006 and up to
$11,901,887 in fiscal year 2007 shall be used to operate the school
choice program
in the Cleveland Municipal School District under sections
3313.974 to 3313.979 of the Revised Code.
Of the foregoing appropriation item 200-550, Foundation Funding, $250,000 in fiscal year 2006 shall be provided to the Julie Billiart School for operating expenses of the school.
The remaining portion of appropriation item 200-550, Foundation
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, teacher training and experience
funding, poverty-based assistance, parity aid, charge-off supplement, and excess cost supplement under sections
3317.022, 3317.023, 3317.029, 3317.0212, 3317.0216, 3317.0217, and
3317.16 of
the Revised Code.
Appropriation items 200-502, Pupil Transportation,
200-521, Gifted Pupil Program,
200-540, Special Education Enhancements, and 200-550, Foundation Funding, 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 under 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 or use excess funds from other general revenue fund appropriation items in the Department of Education's budget in each fiscal year, in
order to meet state formula aid obligations. If it is determined
that it is necessary to transfer funds among these appropriation
items or to transfer funds from other General Revenue Fund appropriations in the Department of Education's budget to meet state formula aid obligations, the Department of
Education shall seek approval from the Controlling Board to
transfer funds as needed.
Sec. 206.09.39. TRANSITIONAL AID FOR CITY, LOCAL, AND EXEMPTED VILLAGE SCHOOL DISTRICTS
(A) The Department of Education shall distribute funds within appropriation item 200-550, Foundation Funding, for transitional aid in each fiscal year to each qualifying city, local, and exempted village school district.
In fiscal years 2006 and 2007, the Department shall pay transitional aid to each city, local, or exempted village school district that experiences any decrease in its SF-3 funding plus charge-off supplement for the current fiscal year from its SF-3 funding plus charge-off supplement for the previous fiscal year. The amount of the transitional aid payment shall equal the difference between the district's SF-3 funding plus charge-off supplement for the current fiscal year and its SF-3 funding plus charge-off supplement for the previous fiscal year.
(B)(1) Subject to divisions (B)(2) and (3) of this section, the "SF-3 funding plus charge-off supplement" for each city, local, and exempted village school district in for fiscal years 2006 and 2007 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)(N) 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) Poverty-Based Assistance under section 3317.029 of the Revised Code;
(h) Gifted education units under section 3317.05 of the Revised Code;
(i) Transportation under the section of this act entitled "PUPIL TRANSPORTATION";
(j) The excess cost supplement under division (F) of section 3317.022 of the Revised Code;
(k) Parity aid under section 3317.0217 of the Revised Code;
(l) The reappraisal guarantee under division (C) of section 3317.04 of the Revised Code;
(m) The charge-off supplement under section 3317.0216 of the Revised Code.
(2) For purposes of calculating transitional aid in for fiscal year 2006, a district's fiscal year 2005 SF-3 funding plus charge-off supplement is the difference of (a) the sum of the amounts described in divisions (A) to (O) of Section 41.37 of Am. Sub. H.B. 95 of the 125th General Assembly, as amended, plus any transitional aid paid to the district under that section, that the district actually received in for fiscal year 2005, as determined based on the final reconciliation of data by the Department, minus (b) the amount of parity aid and the amount of disadvantaged pupil impact aid deducted for that year under division (C)(6) of section 3314.08 of the Revised Code, as that section existed that year, and Section 16 of Am. Sub. S.B. 2 of the 125th General Assembly on behalf of students entitled to attend school in the district who were enrolled in Internet- and computer-based community schools. For purposes of calculating transitional aid in for fiscal year 2007, a district's fiscal year 2006 SF-3 funding plus charge-off supplement is the sum of the amounts described in divisions (B)(1)(a) to (n)(m) of this section, plus any transitional aid paid to the district under this section, that the district actually received in for fiscal year 2006, as determined based on the final reconciliation of data by the Department.
(3) The SF-3 funding plus charge-off supplement in for each fiscal year for each district is the sum of the amounts specified in divisions (B)(1)(a) to (n)(m) and (B)(2) of this section less any general revenue fund spending reductions ordered by the Governor under section 126.05 of the Revised Code.
(C)(1) When calculating the reappraisal guarantee under division (C) or (D) of section 3317.04 of the Revised Code in for fiscal year 2006, the Department shall:
(a) Include in a school district's fiscal year 2005 payments any transitional aid paid to the district in for fiscal year 2005 under Section 41.37 of Am. Sub. H.B. 95 of the 125th General Assembly, as amended;
(b) Subtract from a school district's fiscal year 2005 payments the amount of parity aid and the amount of disadvantaged pupil impact aid deducted for that year under division (C)(6) of section 3314.08 of the Revised Code, as that section existed that year, and Section 16 of Am. Sub. S.B. 2 of the 125th General Assembly on behalf of students entitled to attend school in the district who were enrolled in Internet- and computer-based community schools.
(2) When calculating the reappraisal guarantee under division (C) or (D) of section 3317.04 of the Revised Code in for fiscal year 2007, the Department shall include in a school district's fiscal year 2006 payments any transitional aid paid to the district in for fiscal year 2006 under this section.
(3) When calculating the reappraisal guarantee under division (C) or (D) of section 3317.04 of the Revised Code in for fiscal year 2008, the Department shall include in a school district's fiscal year 2007 payments any transitional aid paid to the district in for fiscal year 2007 under this section.
Sec. 206.09.42. TRANSITIONAL AID FOR JOINT VOCATIONAL SCHOOL DISTRICTS
(A) The Department of Education shall distribute funds within appropriation item 200-550, Foundation Funding, for transitional aid in each fiscal year to each joint vocational school district that experiences a decrease in its joint vocational funding for the current fiscal year from the previous fiscal year. The Department shall distribute to each such district transitional aid in an amount equal to the decrease in the district's joint vocational funding from the previous fiscal year.
(B)(1) Subject to divisions (B)(2) and (3) of this section, a district's joint vocational funding equals the sum of the following:
(a) Base-cost funding under division (B) of section 3317.16 of the Revised Code;
(b) Special education and related services additional weighted funding under division (D)(1) of section 3317.16 of the Revised Code;
(c) Speech services funding under division (D)(2) of section 3317.16 of the Revised Code;
(d) Vocational education additional weighted funding under division (C) of section 3317.16 of the Revised Code;
(e) GRADS funding under division (R)(N) of section 3317.024 of the Revised Code;
(f) The state aid guarantee under division (H) of section 3317.16 of the Revised Code.
(2) For purposes of calculating transitional aid in for fiscal year 2007, a district's fiscal year 2006 joint vocational funding is the sum of the amounts described in divisions (B)(1)(a) to (f)(e) of this section, plus any transitional aid paid to the district under this section, that the district actually received in for fiscal year 2006, as determined based on the final reconciliation of data by the Department.
(3) The joint vocational funding in for each fiscal year for each district is the sum of the amounts specified in divisions (B)(1)(a) to (f) and (B)(2) of this section less any general revenue fund spending reductions ordered by the Governor under section 126.05 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.
Sec. 206.09.61. GENERAL REVENUE FUND TRANSFERS TO SCHOOL DISTRICT PROPERTY TAX REPLACEMENT – BUSINESS (FUND 047)
Notwithstanding any provision of law to the contrary, in fiscal year 2006 and fiscal year 2007 the Director of Budget and Management shall may transfer $10,010,000 in fiscal year 2006 and $70,210,000 in fiscal year 2007 from the General Revenue Fund to appropriation item 200-909, the School District Property Tax Replacement – Business Fund (Fund 047) in the Department of Education. The funds shall be used, those amounts necessary to make payments to reimburse school districts and joint vocational districts under section 5751.21 of the Revised Code. Also, in fiscal year 2006 and fiscal year 2007, the Director of Budget and Management may make temporary transfers to ensure sufficient balances in the School District Property Tax Replacement - Business Fund (Fund 047) and to replenish the General Revenue Fund for such transfers.
Sec. 206.09.63. SCHOOL DISTRICT PROPERTY TAX REPLACEMENT - BUSINESS
The foregoing appropriation item, 200-909, School District Property Tax Replacement – Business, in Fund 047, 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 under section 5751.21 of the Revised Code. If it is determined by the Director of Budget and Management that additional appropriations are necessary for this purpose, such amounts are hereby appropriated.
SCHOOL DISTRICT PROPERTY TAX REPLACEMENT - UTILITY
The foregoing appropriation item 200-900, School District
Property Tax Replacement-Utility, in Fund 053, 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 under section 5727.85 of the Revised Code.
*Sec. 206.09.66. 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.
Sec. 206.09.84. (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 or 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. A child who has been identified as having a "pervasive developmental disorder - not otherwise specified (PPD-NOS)" shall be considered to be an autistic child for purposes of this section.
(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; or
(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 2006 and 2007, 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, by another public entity, 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 twenty 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 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 once the individualized education program is finalized. A scholarship under this section shall not be awarded to the parent of a child while the child's individualized education program is being developed by the school district in which the child is entitled to attend school, or while any administrative or judicial mediation or proceedings with respect to the content of the child's individualized education program are pending. A scholarship under this section shall not be used for a child to attend a public special education program that operates 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 for a child to attend a community school established under Chapter 3314. of the Revised Code. However, nothing in this section or in any rule adopted by the State Board of Education shall prohibit a parent whose child attends a public special education program under a contract, compact, or other bilateral agreement, or a parent whose child attends a community school, from applying for and accepting a scholarship under this section so that the parent may withdraw the child from that program or community school and use the scholarship for the child to attend a special education program for which the parent is required to pay for services for the child. 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. The Department shall make no payments to the parent of a child while any administrative or judicial mediation or proceedings with respect to the content of the child's individualized education program are pending.
(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 under 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.
Sec. 206.16. FUN STATE BOARD OF EMBALMERS AND FUNERAL
DIRECTORS
General Services Fund Group
4K9 |
881-609 |
|
Operating Expenses |
|
$ |
598,933 |
|
$ |
0 598,706 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
598,933 |
|
$ |
0 598,706 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
598,933 |
|
$ |
0 598,706 |
Sec. 206.42. DOH DEPARTMENT OF HEALTH
GRF |
440-407 |
|
Animal Borne Disease and Prevention |
|
$ |
2,452,101 |
|
$ |
2,452,101 |
GRF |
440-412 |
|
Cancer Incidence Surveillance System |
|
$ |
1,002,619 |
|
$ |
1,002,619 |
GRF |
440-413 |
|
Local Health Department Support |
|
$ |
3,786,794 |
|
$ |
3,786,794 |
GRF |
440-416 |
|
Child and Family Health Services |
|
$ |
9,682,874 |
|
$ |
9,582,874 |
GRF |
440-418 |
|
Immunizations |
|
$ |
8,600,615 |
|
$ |
9,400,615 |
GRF |
440-431 |
|
Free Clinic Liability Insurance |
|
$ |
275,000 |
|
$ |
325,000 |
GRF |
440-444 |
|
AIDS Prevention and Treatment |
|
$ |
7,158,127 |
|
$ |
7,158,127 |
GRF |
440-446 |
|
Infectious Disease Prevention |
|
$ |
200,000 |
|
$ |
200,000 |
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 |
|
$ |
10,253,728 |
|
$ |
10,253,728 |
GRF |
440-454 |
|
Local Environmental Health |
|
$ |
889,752 |
|
$ |
889,752 |
GRF |
440-459 |
|
Help Me Grow |
|
$ |
9,323,797 |
|
$ |
9,323,797 |
GRF |
440-461 |
|
Center for Vital and Health Stats |
|
$ |
3,629,535 |
|
$ |
3,629,535 |
GRF |
440-505 |
|
Medically Handicapped Children |
|
$ |
9,591,784 |
|
$ |
8,791,784 |
GRF |
440-507 |
|
Targeted Health Care Services Over 21 |
|
$ |
1,631,023 |
|
$ |
1,631,023 |
|
|
|
|
|
|
1,581,023 |
|
|
1,681,023 |
TOTAL GRF General Revenue Fund |
|
$ |
75,587,016 |
|
$ |
75,537,016 |
|
|
|
75,537,016 |
|
|
75,587,016 |
General Services Fund Group
142 |
440-618 |
|
Agency Health Services |
|
$ |
2,461,915 |
|
$ |
2,561,915 |
211 |
440-613 |
|
Central Support Indirect Costs |
|
$ |
26,584,707 |
|
$ |
26,584,707 |
473 |
440-622 |
|
Lab Operating Expenses |
|
$ |
4,154,045 |
|
$ |
4,154,045 |
683 |
440-633 |
|
Employee Assistance Program |
|
$ |
1,208,214 |
|
$ |
1,208,214 |
698 |
440-634 |
|
Nurse Aide Training |
|
$ |
170,000 |
|
$ |
170,000 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
34,578,881 |
|
$ |
34,678,881 |
Federal Special Revenue Fund Group
320 |
440-601 |
|
Maternal Child Health Block Grant |
|
$ |
28,779,322 |
|
$ |
29,025,635 |
387 |
440-602 |
|
Preventive Health Block Grant |
|
$ |
7,755,005 |
|
$ |
7,826,659 |
389 |
440-604 |
|
Women, Infants, and Children |
|
$ |
219,920,083 |
|
$ |
230,077,451 |
391 |
440-606 |
|
Medicaid/Medicare |
|
$ |
24,211,198 |
|
$ |
24,850,959 |
392 |
440-618 |
|
Federal Public Health Programs |
|
$ |
126,678,202 |
|
$ |
127,677,458 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
407,343,810 |
|
$ |
419,458,162 |
State Special Revenue Fund Group
4D6 |
440-608 |
|
Genetics Services |
|
$ |
2,617,000 |
|
$ |
2,617,000 |
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 |
|
Non-Governmental Grants and Awards |
|
$ |
144,119 |
|
$ |
144,119 |
4T4 |
440-603 |
|
Child Highway Safety |
|
$ |
233,894 |
|
$ |
233,894 |
4V6 |
440-641 |
|
Save Our Sight |
|
$ |
1,767,994 |
|
$ |
1,767,994 |
470 |
440-618 |
|
Fee Supported Programs |
|
$ |
16,025,194 |
|
$ |
16,025,194 |
471 |
440-619 |
|
Certificate of Need |
|
$ |
581,572 |
|
$ |
594,572 |
477 |
440-627 |
|
Medically Handicapped Children Audit |
|
$ |
3,800,000 |
|
$ |
3,693,016 |
5BL |
440-638 |
|
Healthy Ohioans |
|
$ |
5,000,000 |
|
$ |
0 |
5B5 |
440-616 |
|
Quality, Monitoring, and Inspection |
|
$ |
838,479 |
|
$ |
838,479 |
5CB |
440-640 |
|
Poison Control Centers |
|
$ |
200,000 |
|
$ |
200,000 |
5C0 |
440-615 |
|
Alcohol Testing and Permit |
|
$ |
1,455,405 |
|
$ |
1,455,405 |
5D6 |
440-620 |
|
Second Chance Trust |
|
$ |
1,054,951 |
|
$ |
1,054,951 |
5G4 |
440-639 |
|
Adoption Services |
|
$ |
20,000 |
|
$ |
20,000 |
5L1 |
440-623 |
|
Nursing Facility Technical Assistance Program |
|
$ |
617,517 |
|
$ |
617,517 |
610 |
440-626 |
|
Radiation Emergency Response |
|
$ |
850,000 |
|
$ |
850,000 |
666 |
440-607 |
|
Medically Handicapped Children - County Assessments |
|
$ |
14,320,687 |
|
$ |
14,320,687 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
50,572,156 |
|
$ |
45,478,172 |
Holding Account Redistribution Fund Group
R14 |
440-631 |
|
Vital Statistics |
|
$ |
70,000 |
|
$ |
70,000 |
R48 |
440-625 |
|
Refunds, Grants Reconciliation, and Audit Settlements |
|
$ |
20,000 |
|
$ |
20,000 |
TOTAL 090 Holding Account |
|
|
|
|
|
|
Redistribution Fund Group |
|
$ |
90,000 |
|
$ |
90,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
568,171,863 |
|
$ |
575,242,231 |
|
|
|
568,121,863 |
|
|
575,292,231 |
Sec. 206.42.09. IMMUNIZATIONS
Of the foregoing appropriation item 440-418, Immunizations, $800,000 in fiscal year 2007 shall be used for the purchase of varicella vaccines.
FREE CLINIC LIABILITY INSURANCE
Of the foregoing appropriation item 440-431, Free Clinic Liability Insurance, up to $20,000 in each fiscal year may be used by the Department of Health for administrative expenses related to the Medical Liability Insurance Reimbursement Program. The remainder in each fiscal year shall be used to pay for medical liability insurance for free clinics, including the clinics' staff and volunteer health care professionals and volunteer health care workers. The necessity and feasibility of the program shall be reviewed as part of the next biennial budget.
HIV/AIDS PREVENTION/TREATMENT
Of the foregoing appropriation item 440-444, AIDS
Prevention
and Treatment, not more than $6.7 million
per
fiscal year
shall be used to assist persons with HIV/AIDS
in acquiring
HIV-related medications.
INFECTIOUS DISEASE PREVENTION
The foregoing appropriation item 440-446, Infectious
Disease Prevention, 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, Help Me Grow, 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.
TARGETED HEALTH CARE SERVICES OVER 21
In each fiscal year, of the foregoing appropriation item 440-507, Targeted Health Care Services Over 21, $731,023 shall be used to administer the cystic fibrosis program and implement the Hemophilia Insurance Premium Payment Program.
Of the foregoing appropriation item 440-507, Targeted Health Care Services Over 21, $900,000 $850,000 in fiscal year 2006 and $950,000 in each fiscal year 2007 shall be used to provide essential medications and to pay the copayments for drugs approved by the Department of Health and covered by Medicare Part D that are dispensed to Bureau for Children with Medical Handicaps (BCMH) participants, in accordance with the section of this act entitled "BCMH - MEDICARE PART D COPAYMENTS" for the cystic fibrosis program.
MATERNAL CHILD HEALTH BLOCK GRANT
Of the foregoing appropriation item 440-601, Maternal Child
Health Block Grant
(Fund 320), $2,091,299 shall be used in each
fiscal year for the purposes of
abstinence-only education. The
Director of Health shall develop guidelines
for the establishment
of abstinence programs for teenagers with the purpose of
decreasing unplanned pregnancies and abortion. The guidelines
shall be
developed under 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) created 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 under division (E) of section 3701.023
of the
Revised Code.
Sec. 206.48. SPA COMMISSION ON HISPANIC/LATINO AFFAIRS
GRF |
148-100 |
|
Personal Services |
|
$ |
145,880 |
|
$ |
145,880 |
GRF |
148-200 |
|
Maintenance |
|
$ |
35,901 |
|
$ |
35,901 |
TOTAL GRF General Revenue Fund |
|
$ |
181,781 |
|
$ |
181,781 |
General Services Fund Group
601 |
148-602 |
|
Gifts and Miscellaneous |
|
$ |
20,000 |
|
$ |
20,000 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
20,000 |
|
$ |
20,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
201,781 |
|
$ |
201,781 |
GRF TRANSFER TO FUND 601, GIFTS AND MISCELLANEOUS
Prior to June 30, 2006, the Director of Budget and Management may transfer $5,850 in cash from the General Revenue Fund to Fund 601, Gifts and Miscellaneous Fund.
Sec. 206.66. JFS DEPARTMENT OF JOB AND FAMILY SERVICES
GRF |
600-321 |
|
Support Services |
|
|
|
|
|
|
|
|
|
State |
|
$ |
63,797,907 |
|
$ |
60,565,397 |
|
|
|
Federal |
|
$ |
8,114,493 |
|
$ |
8,454,541 |
|
|
|
Support Services Total |
|
$ |
71,912,400 |
|
$ |
69,019,938 |
GRF |
600-410 |
|
TANF State |
|
$ |
272,619,061 |
|
$ |
272,619,061 |
GRF |
600-413 |
|
Child Care Match/Maintenance of Effort |
|
$ |
84,120,596 |
|
$ |
84,120,596 |
GRF |
600-416 |
|
Computer Projects |
|
|
|
|
|
|
|
|
|
State |
|
$ |
114,516,710 |
|
$ |
117,226,021 |
|
|
|
Federal |
|
$ |
37,579,198 |
|
$ |
34,255,465 |
|
|
|
Computer Projects Total |
|
$ |
152,095,908 |
|
$ |
151,481,486 |
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 |
600-423 |
|
Office of Children and Families |
|
$ |
5,408,020 |
|
$ |
5,431,690 |
GRF |
600-425 |
|
Office of Ohio Health Plans |
|
|
|
|
|
|
|
|
|
State |
|
$ |
24,803,631 |
|
$ |
24,054,873 |
|
|
|
Federal |
|
$ |
26,539,544 |
|
$ |
25,810,409 |
|
|
|
Office of Ohio Health Plans Total |
|
$ |
51,343,175 |
|
$ |
49,865,282 |
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 |
600-512 |
|
Non-TANF Disaster Assistance |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
GRF |
600-513 |
|
Disability Medical Assistance |
|
$ |
19,500,000 23,833,050 |
|
$ |
25,500,000 31,166,950 |
GRF |
600-521 |
|
Entitlement Administration - Local |
|
$ |
151,206,401 |
|
$ |
151,206,401 |
GRF |
600-523 |
|
Children and Families Subsidy |
|
$ |
69,438,543 |
|
$ |
69,438,543 |
GRF |
600-525 |
|
Health Care/Medicaid |
|
|
|
|
|
|
|
|
|
State |
|
$ |
3,751,848,959 3,741,848,959 |
|
$ |
3,795,940,675 3,786,408,432 |
|
|
|
Federal |
|
$ |
5,612,109,788 5,597,010,257 |
|
$ |
5,731,692,576 5,717,586,895 |
|
|
|
Health Care Total |
|
$ |
9,363,958,747 9,338,859,216 |
|
$ |
9,527,633,251 9,503,995,327 |
GRF |
600-526 |
|
Medicare Part D |
|
$ |
155,349,266 |
|
$ |
339,578,325 |
GRF |
600-528 |
|
Adoption Services |
|
|
|
|
|
|
|
|
|
State |
|
$ |
33,698,298 |
|
$ |
35,516,130 |
|
|
|
Federal |
|
$ |
40,331,807 |
|
$ |
43,022,485 |
|
|
|
Adoption Services Total |
|
$ |
74,030,105 |
|
$ |
78,538,615 |
GRF |
600-529 |
|
Capital Compensation Program |
|
$ |
$10,000,000 |
|
$ |
0 |
TOTAL GRF General Revenue Fund |
|
|
|
|
|
|
|
|
|
State |
|
$ |
4,777,417,244 4,801,250,294 |
|
$ |
5,006,307,564 5,027,942,271 |
|
|
|
Federal |
|
$ |
5,744,174,880 5,709,575,299 |
|
$ |
5,868,735,476 5,829,129,795 |
|
|
|
GRF Total |
|
$ |
10,521,592,074 10,510,825,593 |
|
$ |
10,875,043,040 10,857,072,066 |
General Services Fund Group
4A8 |
600-658 |
|
Child Support Collections |
|
$ |
26,680,794 |
|
$ |
26,680,794 |
4R4 |
600-665 |
|
BCII Services/Fees |
|
$ |
36,974 |
|
$ |
36,974 |
5C9 |
600-671 |
|
Medicaid Program Support |
|
$ |
73,015,021 |
|
$ |
63,947,536 |
5N1 |
600-677 |
|
County Technologies |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
613 |
600-645 |
|
Training Activities |
|
$ |
135,000 |
|
$ |
135,000 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
100,867,789 |
|
$ |
91,800,304 |
Federal Special Revenue Fund Group
3AW |
600-675 |
|
Faith Based Initiatives |
|
$ |
750,000 |
|
$ |
750,000 |
3A2 |
600-641 |
|
Emergency Food Distribution |
|
$ |
2,600,000 |
|
$ |
2,800,000 |
3BB 3F0 |
600-635 |
|
Children's Hospitals - Federal |
|
$ |
9,000,000 |
|
$ |
9,000,000 |
3D3 |
600-648 |
|
Children's Trust Fund Federal |
|
$ |
2,040,524 |
|
$ |
2,040,524 |
3F0 |
600-623 |
|
Health Care Federal |
|
$ |
616,011,784 |
|
$ |
771,889,193 1,119,728,886 |
3F0 |
600-650 |
|
Hospital Care Assurance Match |
|
$ |
343,239,047 |
|
$ |
343,239,047 |
3G5 |
600-655 |
|
Interagency Reimbursement |
|
$ |
1,364,802,369 |
|
$ |
1,426,954,440 |
3H7 |
600-617 |
|
Child Care Federal |
|
$ |
208,000,000 |
|
$ |
208,000,000 |
3N0 |
600-628 |
|
IV-E Foster Care Maintenance |
|
$ |
153,963,142 |
|
$ |
153,963,142 |
3S5 |
600-622 |
|
Child Support Projects |
|
$ |
534,050 |
|
$ |
534,050 |
3V0 |
600-688 |
|
Workforce Investment Act |
|
$ |
208,322,037 |
|
$ |
208,097,948 |
3V4 |
600-678 |
|
Federal Unemployment Programs |
|
$ |
153,435,545 |
|
$ |
157,202,750 |
3V4 |
600-679 |
|
Unemployment Compensation Review Commission - Federal |
|
$ |
3,829,430 |
|
$ |
3,800,573 |
3V6 |
600-689 |
|
TANF Block Grant |
|
$ |
767,104,142 |
|
$ |
792,483,200 |
3W3 |
600-659 |
|
TANF/Title XX Transfer |
|
$ |
8,000,000 |
|
$ |
5,400,000 |
327 |
600-606 |
|
Child Welfare |
|
$ |
33,160,190 |
|
$ |
33,090,786 |
331 |
600-686 |
|
Federal Operating |
|
$ |
43,966,134 |
|
$ |
44,929,546 |
384 |
600-610 |
|
Food Stamps and State Administration |
|
$ |
188,238,706 |
|
$ |
181,250,799 |
385 |
600-614 |
|
Refugee Services |
|
$ |
6,083,829 |
|
$ |
6,542,439 |
395 |
600-616 |
|
Special Activities/Child and Family Services |
|
$ |
4,567,112 |
|
$ |
4,564,877 |
396 |
600-620 |
|
Social Services Block Grant |
|
$ |
120,993,012 |
|
$ |
121,004,222 |
397 |
600-626 |
|
Child Support |
|
$ |
287,468,576 |
|
$ |
287,468,576 |
398 |
600-627 |
|
Adoption Maintenance/
Administration |
|
$ |
314,639,519 |
|
$ |
314,639,519 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
4,840,749,148 |
|
$ |
5,079,645,631 5,427,485,324 |
State Special Revenue Fund Group
198 |
600-647 |
|
Children's Trust Fund |
|
$ |
6,788,522 |
|
$ |
6,788,522 |
4A9 |
600-607 |
|
Unemployment Compensation Administration Fund |
|
$ |
10,811,527 |
|
$ |
10,811,527 |
4A9 |
600-694 |
|
Unemployment Compensation Review Commission |
|
$ |
3,188,473 |
|
$ |
3,188,473 |
4E3 |
600-605 |
|
Nursing Home Assessments |
|
$ |
4,759,914 |
|
$ |
4,759,914 |
4E7 |
600-604 |
|
Child and Family Services Collections |
|
$ |
1,237,500 |
|
$ |
300,000 |
4F1 |
600-609 |
|
Foundation Grants/Child and Family Services |
|
$ |
61,420 |
|
$ |
61,420 |
4J5 |
600-613 |
|
Nursing Facility Bed Assessments |
|
$ |
34,613,984 |
|
$ |
34,613,984 |
4J5 |
600-618 |
|
Residential State Supplement Payments |
|
$ |
15,700,000 |
|
$ |
15,700,000 |
4K1 |
600-621 |
|
ICF/MR Bed Assessments |
|
$ |
20,074,255 |
|
$ |
20,064,131 |
4R3 |
600-687 |
|
Banking Fees |
|
$ |
800,000 |
|
$ |
800,000 |
4Z1 |
600-625 |
|
HealthCare Compliance |
|
$ |
10,000,000 |
|
$ |
10,000,000 |
5AA |
600-673 |
|
Ohio's Best Rx Administration |
|
$ |
5,000,000 |
|
$ |
5,000,000 |
5AX |
600-697 |
|
Public Assistance Reconciliation |
|
$ |
60,000,000 |
|
$ |
0 |
5BE |
600-693 |
|
Child Support Operating |
|
$ |
5,000,000 |
|
$ |
5,000,000 |
5BG |
600-653 |
|
Managed Care Assessment |
|
$ |
18,795,483 |
|
$ |
99,410,121 |
5CR |
600-636 |
|
Children's Hospitals - State |
|
$ |
6,000,000 |
|
$ |
6,000,000 |
5DB |
600-637 |
|
Military Injury Grants |
|
$ |
0 |
|
$ |
2,000,000 |
5DL |
600-639 |
|
Medicaid Revenue and Collections |
|
$ |
0 |
|
$ |
56,927,358 |
5F2 |
600-667 |
|
Building Consolidation |
|
$ |
250,000 |
|
$ |
250,000 |
5F3 |
600-668 |
|
Building Consolidation |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
5P5 |
600-692 |
|
Health Care Services Prescription Drug Rebate - State |
|
$ |
828,587,776 |
|
$ |
538,301,761 179,307,452 |
5Q9 |
600-619 |
|
Supplemental Inpatient Hospital Payments |
|
$ |
56,125,998 |
|
$ |
56,125,998 |
5R2 |
600-608 |
|
Medicaid-Nursing Facilities |
|
$ |
160,192,055 |
|
$ |
176,63
2,090 |
5S3 |
600-629 |
|
MR/DD Medicaid Administration and Oversight |
|
$ |
1,620,960 |
|
$ |
1,620,960 |
5U3 |
600-654 |
|
Health Care Services Administration |
|
$ |
10,115,870 |
|
$ |
15,474,709 |
5U6 |
600-663 |
|
Children and Family Support |
|
$ |
4,929,717 |
|
$ |
4,929,717 |
5Z9 |
600-672 |
|
TANF Quality Control Reinvestments |
|
$ |
647,409 |
|
$ |
688,421 |
651 |
600-649 |
|
Hospital Care Assurance
Program Fund |
|
$ |
231,893,404 |
|
$ |
231,893,404 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
1,498,194,267 |
|
$ |
1,249,415,152 949,348,201 |
192 |
600-646 |
|
Support Intercept - Federal |
|
$ |
110,000,000 |
|
$ |
110,000,000 |
5B6 |
600-601 |
|
Food Stamp Intercept |
|
$ |
2,000,000 |
|
$ |
2,000,000 |
583 |
600-642 |
|
Support Intercept - State |
|
$ |
16,000,000 |
|
$ |
16,000,000 |
TOTAL AGY Agency Fund Group |
|
$ |
128,000,000 |
|
$ |
128,000,000 |
Holding Account Redistribution Fund Group
R12 |
600-643 |
|
Refunds and Audit Settlements |
|
$ |
3,600,000 |
|
$ |
3,600,000 |
R13 |
600-644 |
|
Forgery Collections |
|
$ |
10,000 |
|
$ |
10,000 |
TOTAL 090 Holding Account Redistribution Fund Group |
|
$ |
3,610,000 |
|
$ |
3,610,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
17,093,013,278 17,082,246,797 |
|
$ |
17,427,514,127 17,457,315,895 |
MEDICAID REVENUE AND COLLECTIONS - STATE
The foregoing appropriation item 600-639, Medicaid Revenue and Collections, shall be used by the Department of Job and Family Services to pay for Medicaid services and contracts.
Sec. 206.66.22. FISCAL YEAR 2006 MEDICAID REIMBURSEMENT SYSTEM FOR NURSING FACILITIES
(A) As used in this section:
"2003 cost report" means a complete and adequate Medicaid cost report covering calendar year 2003 filed with the Department of Job and Family Services under section 5111.26 of the Revised Code.
"Change of operator," "entering operator," and "exiting operator" have the same meanings as in section 5111.65 of the Revised Code.
"Franchise permit fee" means the fee imposed by sections 3721.50 to 3721.58 of the Revised Code.
"Nursing facility" and "provider" have the same meaning meanings as in section 5111.20 of the Revised Code.
"Nursing facility services" means nursing facility services covered by the Medicaid program that a nursing facility provides to a resident of the nursing facility who is a Medicaid recipient eligible for Medicaid-covered nursing facility services.
"Reviewable activity" has the same meaning as in section 3702.51 of the Revised Code.
(B) Except as otherwise provided in this section, the provider of a nursing facility that has a valid Medicaid provider agreement on June 30, 2005, and a valid Medicaid provider agreement for fiscal year 2006 shall be paid, for nursing facility services the nursing facility provides during fiscal year 2006, the sum of the following:
(1) The rate the provider is paid for nursing facility services the nursing facility provides on June 30, 2005;
(2) Unless the nursing facility is exempt from paying the franchise permit fee, one dollar and ninety-five cents.
(C) If a nursing facility undergoes a change of operator on July 1, 2005, the entering operator shall be paid, for nursing facility services the nursing facility provides during fiscal year 2006, the rate paid to the exiting operator for nursing facility services that the nursing facility provided on June 30, 2005, plus, if the entering operator pays the franchise permit fee, one dollar and ninety-five cents. If a nursing facility undergoes a change of operator during the period beginning July 2, 2005, and ending June 30, 2006, the entering operator shall be paid, for nursing facility services the nursing facility provides during the period beginning on the effective date of the change of operator and ending June 30, 2006, the rate paid to the exiting operator for nursing facility services that the nursing facility provided on the day immediately before the effective date of the change of operator.
(D) If, during fiscal year 2006, a nursing facility obtains certification as a nursing facility from the Director of Health and begins participation in the Medicaid program, the provider of the nursing facility shall be paid, for nursing facility services the nursing facility provides during the period beginning on the date the nursing facility begins participation in the Medicaid program and ending June 30, 2006, a rate that is the median of all rates paid to providers of nursing facilities on July 1, 2005.
(E) If, during fiscal year 2007 2006, one or more Medicaid certified beds are added to a nursing facility with a valid Medicaid provider agreement for fiscal year 2006, the provider of the nursing facility shall be paid a rate for the new beds that is the same as the nursing facility's rate for the Medicaid certified beds that are in the nursing facility on the day before the new beds are added.
(F) If the United States Centers for Medicare and Medicaid Services requires that the franchise permit fee be reduced or eliminated, the Department of Job and Family Services shall reduce the amount it pays providers of nursing facilities under this section as necessary to reflect the loss to the state of the revenue and federal financial participation generated from the franchise permit fee.
(G)(1) A nursing facility's rate established under this section shall not be subject to any adjustments except as follows:
(a) An for an adjustment resulting from an audit of the nursing facility's 2003 cost report may be applied to a rate established under this section for the nursing facility not later than three years after the first day of the fiscal year for which the rate is established.
(b) the nursing facility's rate established under this section may be adjusted pursuant to a process established in rules adopted under section 5111.02 of the Revised Code to reflect a change in the nursing facility's capital costs due to any of the following:
(i) A change of provider agreement that goes into effect before July 1, 2005, and for which a rate adjustment is not implemented before June 30, 2005;
(ii) A reviewable activity for which a certificate of need application is filed with the Director of Health before July 1, 2005, costs are incurred before June 30, 2005, and a rate adjustment is not implemented before June 30, 2005;
(iii) An activity that the Director of Health, before July 1, 2005, rules is not a reviewable activity and for which costs are incurred before June 30, 2005, and a rate adjustment is not implemented before June 30, 2005.
(H) The Department of Job and Family Services shall follow this section in determining the rate to be paid to the provider of a nursing facility under the Medicaid program for nursing facility services provided during fiscal year 2006 notwithstanding anything to the contrary in sections 5111.20 to 5111.33 of the Revised Code.
Sec. 206.66.23. FISCAL YEAR 2007 MEDICAID REIMBURSEMENT SYSTEM FOR NURSING FACILITIES
(A) As used in this section:
"Franchise permit fee" means the fee imposed by sections 3721.50 to 3721.58 of the Revised Code.
"Nursing facility" and "provider" have the same meanings as in section 5111.20 of the Revised Code.
"Nursing facility services" means nursing facility services covered by the Medicaid program that a nursing facility provides to a resident of the nursing facility who is a Medicaid recipient eligible for Medicaid-covered nursing facility services.
(B) Except as provided in division (C) of this section, the provider of a nursing facility that has a valid Medicaid provider agreement on June 30, 2006, and a valid Medicaid provider agreement for fiscal year 2007 shall be paid, for nursing facility services the nursing facility provides during fiscal year 2007, the rate determined as follows:
(1) Determine the rate for the nursing facility under sections 5111.20 to 5111.33 of the Revised Code;
(2) Increase the rate determined under division (B)(1) of this section by two per cent;
(3) Increase the rate determined under division (B)(2) of this section by two per cent.
(C) If the rate determined for a nursing facility under sections 5111.20 to 5111.33 of the Revised Code division (B) of this section for nursing facility services provided during fiscal year 2007 is more than one hundred two per cent of the rate the provider is paid for nursing facility services the nursing facility provides on June 30, 2006, the Department of Job and Family Services shall reduce the nursing facility's fiscal year 2007 rate so that the rate is no more than one hundred two per cent of the nursing facility's rate for June 30, 2006. If the rate determined for a nursing facility under sections 5111.20 to 5111.33 of the Revised Code for nursing facility services provided during fiscal year 2007 is less than ninety-eight per cent of the rate the provider was paid for nursing facility services the nursing facility provides on June 30, 2006, the Department shall increase the nursing facility's fiscal year 2007 rate so that the rate is no less than ninety-eight per cent of the nursing facility's rate for June 30, 2006.
(D) If the United States Centers for Medicare and Medicaid Services requires that the franchise permit fee be reduced or eliminated, the Department of Job and Family Services shall reduce the amount it pays providers of nursing facilities under this section as necessary to reflect the loss to the state of the revenue and federal financial participation generated from the franchise permit fee.
(E) The Department of Job and Family Services shall follow this section in determining the rate to be paid to the provider of a nursing facility that has a valid Medicaid provider agreement on June 30, 2006, and a valid Medicaid provider agreement for fiscal year 2007 notwithstanding anything to the contrary in sections 5111.20 to 5111.33 of the Revised Code.
Sec. 206.66.36. ASSISTED LIVING MEDICAID WAIVER PROGRAM
(A) As used in this section, "Assisted Living Program" has the same meaning as in section 5111.89 of the Revised Code.
(B) After the Department of Job and Family Services enters into a contract with the Department of Aging under section 5111.91 of the Revised Code for the Department of Aging to administer the Assisted Living Program, the Director of Job and Family Services shall quarterly certify to the Director of Budget and Management the estimated costs of amounts to be transferred from the state and federal shares for the Assisted Living Program for the upcoming quarter. The estimate shall include the state and federal share of the costs. On receipt of the certified estimated costs certification for an upcoming quarter, the Director of Budget and Management shall do all both of the following:
(1) Transfer the state share of the certified amount of the estimated costs from GRF appropriation item 600-525, Health Care/Medicaid, to GRF appropriation item 490-422, Assisted Living, and reduce appropriation item 600-525, Health Care/Medicaid, by the corresponding federal share;
(2) Transfer the federal share of the amount of the estimated costs from GRF appropriation item 600-525, Health Care/Medicaid, to Fund 3C4, appropriation item 490-622, Assisted Living - Federal;
(3) Increase the appropriation in JFS Fund 3G5, appropriation item 600-655, Interagency Reimbursement, by the federal share of the certified amount of the estimated costs.
(C) The funds that the Director of Budget and Management transfers and increases under this section are hereby appropriated.
Sec. 206.66.64. INDIVIDUALS MOVED FROM NURSING FACILITIES TO PASSPORT
(A) As used in this section:
(1) "Area agency on aging" has the same meaning as in section 173.14 of the Revised Code.
(2) "Long-Term Care Consultation Program" means the program the Department of Aging is required to develop under section 173.42 of the Revised Code.
(3) "Long-Term Care Consultation Program administrator" or "administrator" means the Department of Aging or, if the Department contracts with an area agency on aging or other entity to administer the Long-Term Care Consultation Program for a particular area, that agency or entity.
(4) "Nursing facility" has the same meaning as in section 5111.20 of the Revised Code.
(5) "PASSPORT program" means the program created under section 173.40 of the Revised Code.
(B) Each month during fiscal years 2006 and 2007, each area agency on aging shall determine whether individuals who reside in the area that the area agency on aging serves and are on a waiting list for the PASSPORT program have been admitted to a nursing facility. If an area agency on aging determines that such an individual has been admitted to a nursing facility, the agency shall notify the Long-Term Care Consultation Program administrator serving the area in which the individual resides about the determination. The administrator shall determine whether the PASSPORT program is appropriate for the individual and whether the individual would rather participate in the PASSPORT program than continue residing in the nursing facility. If the administrator determines that the PASSPORT program is appropriate for the individual and the individual would rather participate in the PASSPORT program than continue residing in the nursing facility, the administrator shall so notify the Department of Aging. On receipt of the notice from the administrator, the Department of Aging shall approve the enrollment of the individual in the PASSPORT program regardless of whether other individuals who are not in a nursing facility are ahead of the individual on the PASSPORT program's waiting list. Each quarter, the Department of Aging shall certify to the Director of Budget and Management the estimated increase in costs of the PASSPORT program total expenditures made for the individuals enrolled in the PASSPORT program pursuant to this section.
(C) On a quarterly basis, on receipt of the certified costs expenditures, the Director of Budget and Management shall do all of the following:
(1) Transfer the state share of the amount of the estimated costs actual expenditures from GRF appropriation item 600-525, Health Care/Medicaid, to GRF appropriation item 490-403, PASSPORT, for the remainder of the biennium;
(2) Increase the appropriation in Ohio Department of Aging Fund 3C4, appropriation item 490-607, PASSPORT, by the federal share of the amount of the estimated costs actual expenditures;
(3) Increase the appropriation in JFS Fund 3G5, appropriation item 600-655, Interagency Reimbursement, by the federal share of the amount of the estimated costs actual expenditures.
The funds that the Director of Budget and Management transfers and increases under this division are hereby appropriated.
(D) The individuals placed in the PASSPORT program pursuant to this section shall be in addition to the individuals placed in the PASSPORT program during fiscal years 2006 and 2007 based on the amount of money that is in GRF appropriation item 490-403, PASSPORT; Fund 4J4, appropriation item 490-610, PASSPORT/Residential State Supplement; Fund 4U9, appropriation item 490-602, PASSPORT Fund; and Fund 3C4, appropriation item 490-607, PASSPORT, before any transfers to GRF appropriation item 490-403, PASSPORT, and Fund 3C4, appropriation item 490-607, PASSPORT, are made under this section.
(E) The Director of Job and Family Services shall do both of the following:
(1) Submit to the United States Secretary of Health and Human Services an amendment to the Medicaid waiver authorizing the PASSPORT program as necessary for the implementation of this section;
(2) By not later than December 31, 2006, submit to the General Assembly a report regarding the number of individuals placed in the PASSPORT program pursuant to this section and the costs incurred and savings achieved as a result of the individuals being placed in the PASSPORT program.
Sec. 206.66.66. OHIO ACCESS SUCCESS PROJECT
Notwithstanding any limitations in sections
3721.51 and
3721.56 of the Revised Code, in each fiscal year, cash
from 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 2006 and up to $350,000 in fiscal year 2007 to provide one-time transitional benefits under the Ohio Access Success Project that the Director of Job and Family Services may establish under section 5111.88 of the Revised Code.
Sec. 206.66.84. CHILDREN'S TRUST FUND
Notwithstanding sections 3109.13 to 3109.18 of the Revised Code, in fiscal year years 2006 and 2007, the Director of Budget and Management shall transfer $1,500,000 cash from the Children's Trust Fund (Fund 198 in the Department of Job and Family Services) to the Partnerships for Success Fund (Fund 5BH in the Department of Youth Services). On or before January 1, 2007 2008, the Director of Budget and Management shall transfer to the Children's Trust Fund (Fund 198) any amount of cash that remains unspent in the Partnerships for Success Fund (Fund 5BH).
Sec. 206.66.85. 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 solely for distributing funds to hospitals under section
5112.18 5112.08 of the Revised
Code.
Sec. 206.66.91. The Department of Job and Family Services shall retain in each fiscal year $1,500,000 of the federal incentives that are described in division (A) of section 3125.19 of the Revised Code and authorized by 42 U.S.C. 658a that the Department of Job and Family Services receives from the United States Department of Human Services to reimburse the Department of Job and Family Services for the state share of payments made by the Department of Job and Family Services for mandatory contracts utilized by county child support enforcement agencies in the program of child support enforcement authorized by sections 3125.03 and 3125.11 of the Revised Code. This revenue shall be deposited in the Child Support Operating Fund (Fund 5BE in the Department of Job and Family Services).
Sec. 206.67.15. PRESCRIPTION DRUG REBATE FUND
The foregoing appropriation item 600-692, Health Care
Services Prescription Drug Rebate - State, shall be used by the Department of Job and Family
Services in accordance with section 5111.081 of the Revised Code to pay for Medicaid services and contracts. Moneys recovered by the Department for either hospital settlements or 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) under section 5111.94 of the Revised Code, shall also be deposited into Fund 5P5.
On July 1, 2006, or as soon as possible thereafter, the Director of Job and Family Services shall certify to the Director of Budget and Management the federal share of the balance of the Prescription Drug Rebates Fund created under section 5111.942 of the Revised Code. On receipt of the certification, the Director of Budget and Management shall transfer the federal share to the Health Care - Federal Fund created under section 5111.943 of the Revised Code.
Sec. 206.67.21. TRANSFER OF TOBACCO MASTER SETTLEMENT AGREEMENT FUNDS TO SUPPORT THE AGED, BLIND, AND DISABLED MANAGED CARE PROGRAM
(A) Not later than June 30, 2006, the Director of Job and Family Services, in conjunction with the Office of Budget and Management, shall determine the amount necessary to implement the Aged, Blind, and Disabled Managed Care Program established under section 5111.16 of the Revised Code.
(B) Notwithstanding section 183.02 of the Revised Code, on July 1, 2006, or as soon as possible thereafter, the Director of Budget and Management shall transfer cash equal to the state share of the amount determined pursuant to division (A) of this section from the Tobacco Master Settlement Agreement Fund (Fund 087) to the ABD Managed Care Program – State Fund (Fund 5BZ in the Department of Job and Family Services), which is hereby created. Of the tobacco revenue that is credited to the Tobacco Master Settlement Agreement Fund (Fund 087) in fiscal year 2006, the share that is determined pursuant to section 183.02 of the Revised Code to be the amount transferred by the Director of Budget and Management from the Tobacco Master Settlement Agreement Fund (Fund 087) to the Tobacco Use Prevention and Cessation Trust Fund (Fund H87) shall be reduced by the amount that is transferred from the Tobacco Master Settlement Agreement Fund (Fund 087) to the ABD Managed Care Program – State Fund (Fund 5BZ) in accordance with this section. The amount transferred under this division is hereby appropriated to appropriation item 600-698, ABD Managed Care Program – State.
(C) The Department of Job and Family Services shall deposit federal reimbursement received for the Aged, Blind, and Disabled Managed Care Program into the ABD Managed Care Program Hospital Care Assurance Match Fund – Federal Fund (Fund 3AZ 3F0), which is hereby created. Amounts deposited into Fund 3AZ 3F0 pursuant to this section are hereby appropriated to appropriation item 600-699, ABD Managed Care Program – Federal.
Sec. 206.99. MHC MANUFACTURED HOMES COMMISSION
General Services Fund Group
4K9 |
996-609 |
|
Operating Expenses |
|
$ |
272,500 |
|
$ |
0 254,500 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
272,500 |
|
$ |
0 254,500 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
272,500 |
|
$ |
0 254,500 |
Sec. 209.04. AMB MEDICAL TRANSPORTATION BOARD
General Services Fund Group
4N1 |
915-601 |
|
Operating Expenses |
|
$ |
388,450 |
|
$ |
0 388,450 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
388,450 |
|
$ |
0 388,450 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
388,450 |
|
$ |
0 388,450 |
Sec. 209.06.06. DIVISION OF MENTAL HEALTH - COMMUNITY SUPPORT
SERVICES
GRF |
335-404 |
|
Behavioral Health Services-Children |
|
$ |
5,865,265 |
|
$ |
6,865,265 |
GRF |
335-405 |
|
Family & Children First |
|
$ |
2,260,000 |
|
$ |
2,260,000 |
GRF |
335-419 |
|
Community Medication Subsidy |
|
$ |
12,292,848 7,959,798 |
|
$ |
13,626,748 7,959,798 |
GRF |
335-505 |
|
Local Mental Health Systems of Care |
|
$ |
94,687,868 |
|
$ |
99,687,868 |
TOTAL GRF General Revenue Fund |
|
$ |
115,105,981 110,772,931 |
|
$ |
122,439,881 116,772,931 |
General Services Fund Group
4P9 |
335-604 |
|
Community Mental Health Projects |
|
$ |
250,000 |
|
$ |
250,000 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
250,000 |
|
$ |
250,000 |
Federal Special Revenue Fund Group
3A6 |
335-608 |
|
Federal Miscellaneous |
|
$ |
1,089,699 |
|
$ |
678,699 |
3A7 |
335-612 |
|
Social Services Block Grant |
|
$ |
8,657,288 |
|
$ |
8,657,288 |
3A8 |
335-613 |
|
Federal Grant - Community Mental Health Board Subsidy |
|
$ |
2,407,040 |
|
$ |
2,407,040 |
3A9 |
335-614 |
|
Mental Health Block Grant |
|
$ |
14,969,400 |
|
$ |
14,969,400 |
3B1 |
335-635 |
|
Community Medicaid Expansion |
|
$ |
264,088,404 |
|
$ |
282,807,902 |
TOTAL FED Federal Special Revenue Fund Group |
|
$ |
291,211,831 |
|
$ |
309,520,329 |
State Special Revenue Fund Group
5AU |
335-615 |
|
Behavioral Healthcare |
|
$ |
4,690,000 |
|
$ |
4,690,000 |
5CH |
335-622 |
|
Residential State Supplement |
|
$ |
1,500,000 |
|
$ |
1,500,000 |
632 |
335-616 |
|
Community Capital Replacement |
|
$ |
350,000 |
|
$ |
350,000 |
TOTAL SSR State Special Revenue Fund Group |
|
$ |
6,540,000 |
|
$ |
6,540,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
413,107,812 408,774,762 |
|
$ |
438,750,210 433,083,260 |
DEPARTMENT TOTAL |
|
|
|
|
|
|
GENERAL REVENUE FUND |
|
$ |
561,012,510 556,679,460 |
|
$ |
578,783,810 573,116,860 |
DEPARTMENT TOTAL |
|
|
|
|
|
|
GENERAL SERVICES FUND GROUP |
|
$ |
115,901,936 |
|
$ |
120,196,482 |
DEPARTMENT TOTAL |
|
|
|
|
|
|
FEDERAL SPECIAL REVENUE |
|
|
|
|
|
|
FUND GROUP |
|
$ |
311,131,959 |
|
$ |
329,461,338 |
DEPARTMENT TOTAL |
|
|
|
|
|
|
STATE SPECIAL REVENUE FUND GROUP |
|
$ |
12,266,164 |
|
$ |
12,266,164 |
DEPARTMENT TOTAL |
|
|
|
|
|
|
TOTAL DEPARTMENT OF MENTAL HEALTH |
|
$ |
1,000,312,569 995,979,519 |
|
$ |
1,040,707,794 1,035,040,844 |
Sec. 209.06.09. 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.
Of the foregoing appropriation item 335-419, Community Medication Subsidy, $4,333,050 in fiscal year 2006 and $5,666,950 in fiscal year 2007 shall be used to provide services to persons who meet criteria that is consistent with the criteria for the Disability Medical Assistance Program.
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 under 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 2006 and not less than $34,818,917 in fiscal year 2007 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 - CHILDREN
The foregoing appropriation item 335-404, Behavioral Health Services-Children, shall be used to provide behavioral health services for children and their families. Behavioral health services include mental health and alcohol and other drug treatment services and other necessary supports.
Of the foregoing appropriation item 335-404, Behavioral Health Services-Children, an amount up to $4.5 million in fiscal year 2006 and $5.5 million in fiscal year 2007 shall be distributed to local Alcohol, Drug Addiction, and Mental Health Boards; Community Mental Health Boards; and Alcohol and Drug Addiction Boards, based upon a formula and an approved children's behavioral health transformation plan developed and endorsed by the local Family and Children First Council with the leadership from the Alcohol, Drug Addiction, and Mental Health Board, or the Community Mental Health Board, and the Alcohol and Drug Addiction Services Board. The use of these funds shall be approved by a team of state and local stakeholders appointed by the Ohio Family and Children First Cabinet Council. This team shall be appointed not later than July 1, 2005, and shall include, but not be limited to, all of the following:
(A) At least one representative from each of the Departments of Alcohol and Drug Addiction Services, Mental Health, Education, Health, Job and Family Services, Mental Retardation and Developmental Disabilities, and the Department of Youth Services;
(B) At least one person representing local public children's services agencies;
(C) At least one person representing juvenile courts;
(D) At least one person representing local Alcohol, Drug Addiction, and Mental Health Boards; Community Mental Health Boards; and Alcohol and Drug Addiction Boards;
(E) At least one person representing local Family and Children First Council Coordinators;
(F) At least one family representative.
Children's behavioral health transformation plans shall be congruent with the development and implementation of the process described in division (B)(2)(b) of section 121.37 of the Revised Code and shall address all of the following as determined by a team of state and local stakeholders appointed by the Ohio Family and Children First Cabinet Council:
(A) Specific strategies and actions for use of all funds allocated for the Access to Better Care Initiative by all Ohio Family and Children First Cabinet Council agencies that will further the transformation of the local Children's Behavioral Health Care System;
(B) Providing services to children with behavioral health disorders, particularly those with intensive needs, and their families, across all child-serving systems, including child welfare and juvenile justice and for those youth whose parents would otherwise have to relinquish custody to obtain needed behavioral health services;
(C) Assuring that families are included in all service planning activities and have access to advocates to assist them if they choose;
(D) Implementation of home-based services and other alternatives to out-of-home placement;
(E) Assuring that all individual service plans for children and their families address the academic achievement of the child;
(F) Coordinating the most efficient and effective use of federal, state, and local funds to meet the needs of children and their families.
Funds may be used to support the following services and activities:
(A) Mental health services provided by the Ohio Department of Mental Health certified agencies and alcohol and other drug services provided by Department of Alcohol and Drug Addiction Services certified agencies;
(B) Services and supports for children and their families that further the implementation of their individual service plans;
(C) Treatment services in out-of-home settings, including residential facilities, when other alternatives are not available or feasible;
(D) Administrative support for efforts associated with this initiative;
(E) These funds shall not be used to supplant existing efforts.
The Ohio Family and Children First Cabinet Council appointed team shall approve the plans for local behavioral health services and ensure the plans are components of and properly coordinated with the county service coordination plan as defined in section 121.37 of the Revised Code. In addition to approving the plans for new behavioral health funding, this team shall design a mechanism to provide technical assistance to local communities, monitor the plans, and may, as part of the monitoring role, conduct site visits.
Of the foregoing appropriation item 335-404, Behavioral Health Services-Children, an amount up to $1.0 million in fiscal year 2006 and $1.0 million in fiscal year 2007 shall be used to support projects, as determined by the Ohio Family and Children First Cabinet Council, in select areas around the state to focus on improving behavioral health services for children involved in the child welfare and juvenile justice systems. At least one of these projects shall focus on services for adolescent girls that are involved in or at risk of involvement with the juvenile justice system.
Of the foregoing appropriation item 335-405, Family & Children First, an amount up to $500,000 in fiscal year 2006 and $500,000 in fiscal year 2007 shall be used for children who do not have behavioral health disorders but require assistance through the County Family and Children First Council.
RESIDENTIAL STATE SUPPLEMENT
The foregoing appropriation item 335-622, Residential State Supplement, shall be used to provide subsidized support for licensed adult care facilities which serve individuals with mental illness.
Sec. 209.09.06. COMMUNITY SERVICES
GRF |
322-405 |
|
State Use Program |
|
$ |
20,000 |
|
$ |
0 |
GRF |
322-413 |
|
Residential and Support
Services |
|
$ |
7,423,021 |
|
$ |
7,423,021 |
GRF |
322-416 |
|
Waiver State Match |
|
$ |
103,090,738 |
|
$ |
104,397,504 |
GRF |
322-417 |
|
Supported Living |
|
$ |
43,160,198 |
|
$ |
43,160,198 |
GRF |
322-451 |
|
Family Support Services |
|
$ |
6,938,898 |
|
$ |
6,938,898 |
GRF |
322-452 |
|
Service and Support Administration |
|
$ |
8,672,730 |
|
$ |
8,672,730 |
GRF |
322-501 |
|
County Boards Subsidies |
|
$ |
32,193,542 |
|
$ |
32,193,542 |
GRF |
322-503 |
|
Tax Equity |
|
$ |
14,500,000 |
|
$ |
14,500,000 |
TOTAL GRF General Revenue Fund |
|
$ |
215,999,127 |
|
$ |
217,285,893 |
General Services Fund Group
4J6 |
322-645 |
|
Intersystem Services for Children |
|
$ |
300,000 |
|
$ |
0 |
4U4 |
322-606 |
|
Community MR and DD Trust |
|
$ |
300,000 |
|
$ |
50,000 |
4V1 |
322-611 |
|
Family and Children First |
|
$ |
40,000 |
|
$ |
0 |
488 |
322-603 |
|
Provider Audit Refunds |
|
$ |
350,000 |
|
$ |
350,000 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
990,000 |
|
$ |
400,000 |
Federal Special Revenue Fund Group
3A4 |
322-605 |
|
Community Program Support |
|
$ |
1,500,000 |
|
$ |
1,500,000 |
3A5 |
322-613 |
|
DD Council Grants |
|
$ |
3,204,240 |
|
$ |
3,204,240 |
3G6 |
322-639 |
|
Medicaid Waiver |
|
$ |
373,772,814 |
|
$ |
373,772,814 |
3M7 |
322-650 |
|
CAFS Medicaid |
|
$ |
125,924,299 |
|
$ |
103,773,730 |
325 |
322-608 |
|
Grants for Infants and Families with Disabilities
|
|
$ |
1,763,165 |
|
$ |
1,763,165 |
325 |
322-612 |
|
Community Social Service Programs
|
|
$ |
11,500,000 |
|
$ |
11,500,000 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
517,664,518 |
|
$ |
495,513,949 |
State Special Revenue Fund Group
4K8 |
322-604 |
|
Waiver - Match |
|
$ |
12,000,000 |
|
$ |
12,000,000 |
5DJ |
322-625 |
|
Targeted Case Management Match |
|
$ |
9,340,000 |
|
$ |
20,280,000 |
5DJ |
322-626 |
|
Targeted Case Management Services |
|
$ |
23,350,000 |
|
$ |
50,070,000 |
5H0 |
322-619 |
|
Medicaid Repayment |
|
$ |
25,000 |
|
$ |
25,000 |
5Z1 |
322-624 |
|
County Board Waiver Match |
|
$ |
82,000,000 |
|
$ |
82,000,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
94,025,000 126,715,000 |
|
$ |
94,025,000 164,375,000 |
TOTAL ALL COMMUNITY SERVICES |
|
|
|
|
|
|
BUDGET FUND GROUPS |
|
$ |
828,678,645 861,368,645 |
|
$ |
807,224,842 877,574,842 |
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 under 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 Am. Sub. H.B. 66 of the 126th General Assembly 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 because of 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 2006 and 2007 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 method utilized by the department to determine each residential facilities wavier and individual options provider's allocation of such funds in fiscal year 2005 shall be used for allocation purposes to such providers in fiscal years 2006 and 2007, 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 under sections 5126.40 to 5126.47 of the Revised Code and paying 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 Am. Sub. H.B. 66 of the 126th General Assembly 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 Am. Sub. H.B. 66 of the 126th General Assembly 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 also may 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 Am. Sub. H.B. 66 of the 126th General Assembly to transfer to the Director of Job and Family Services funds to pay such nonfederal share.
STATE SUBSIDIES TO MR/DD BOARDS
Notwithstanding section 5126.12 of the Revised Code, for fiscal year 2006, the Department shall, if sufficient funds as determined by the Department are available, use the foregoing appropriation item 322-501, County Boards Subsidies, to pay each county board of mental retardation and developmental disabilities an amount that is equal to the amount such board received in fiscal year 2005. If the Department determines that there are not sufficient funds available in appropriation item 322-501, County Boards Subsidies, for this purpose, the Department shall pay to each county board an amount that is proportionate to the amount such board received in fiscal year 2005. Proportionality shall be determined by comparing the payment a county board received in a category in fiscal year 2005 to the total payments distributed to all county boards for such category in fiscal year 2005. For fiscal year 2007, the Department shall pay to each county board an amount that is determined by an allocation formula to be developed by the Department that considers the applicable factors in section 5126.12 of the Revised Code.
The Department also may 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 Am. Sub. H.B. 66 of the 126th General Assembly to transfer to the Director of Job and Family Services funds to pay such nonfederal share.
NONFEDERAL MATCH FOR ACTIVE TREATMENT SERVICES
Pursuant to an agreement between the county board and the Director of Mental Retardation and Developmental Disabilities, a county may pledge funds from its state allocation from GRF appropriation item 322-501, County Boards Subsidies, to cover the cost of providing the nonfederal match for active treatment services that the county provides to residents of the Department's developmental centers. The Director of Mental Retardation and Developmental Disabilities is authorized to transfer, through intrastate transfer vouchers, cash from these pledges from GRF appropriation item 322-501, County Boards Subsidies, to Fund 489, Mental Retardation Operating. Any other county funds received by the Department from county boards for active treatment shall be deposited in Fund 489, Mental Retardation Operating.
The foregoing appropriation item 322-604, Waiver - Match (Fund
4K8),
shall be used as state matching funds for the home and
community-based
waivers.
COUNTY BOARD WAIVER MATCH
The Director of Mental Retardation and Developmental Disabilities shall transfer, through intrastate transfer vouchers, cash from any allowable General Revenue Fund appropriation item to Fund 5Z1, appropriation item 322-624, County Board Waiver Match. (The amounts being transferred reflect the amounts that county boards pledge from their state General Revenue Funds allocations to cover the cost of providing the non-federal match for waiver services.)
TRANSFER OF FUNDS FOR THE FAMILY AND CHILDREN FIRST CABINET COUNCIL TO THE DEPARTMENT OF MENTAL HEALTH
On July 1, 2005, or as soon as possible thereafter, the Director of Mental Retardation and Developmental Disabilities shall certify the remaining cash balance in Fund 4V1, Miscellaneous Use, to the Director of Budget and Management. Upon receipt of the certification, the Director of Budget and Management shall transfer that amount and re-establish existing encumbrances in the Department of Mental Health, Fund 232, Family and Children First Administration Fund. When this transfer has been completed, Fund 4V1 shall be abolished.
On November 1, 2005, or as soon as possible thereafter, the Director of Mental Retardation and Developmental Disabilities shall certify the remaining cash balance in Fund 4J6, Youth Cluster, to the Director of Budget and Management, who upon receipt shall transfer that amount to the General Revenue Fund and increase the Department of Mental Health's GRF appropriation item 335-404, Behavioral Health Services-Children, by the same amount. When this transfer has been completed, Fund 4J6 shall be abolished.
TARGETED CASE MANAGEMENT SERVICES
The Departments of Mental Retardation and Developmental Disabilities and Job and Family Services may enter into an interagency agreement under which the Department of Mental Retardation and Developmental Disabilities shall pay the Department of Job and Family Services the nonfederal portion of the cost of targeted case management services and the Department of Job and Family Services shall pay the total cost of targeted case management claims.
Quarterly, the Director of Mental Retardation and Developmental Disabilities, in consultation with the Director of Job and Family Services, shall estimate the cost, less any adjustments from the previous quarter, of the nonfederal share of targeted case management for claims with service dates after December 31, 2005, and shall certify this amount to the Director of Budget and Management. Notwithstanding any other provision of law to the contrary, the Director of Budget and Management may transfer cash equal to the amount certified from any Department of Mental Retardation and Developmental Disabilities fund identified by the Director of Mental Retardation and Developmental Disabilities to the Department of Job and Family Services Fund 5C9, Medicaid Program Support.
County boards of mental retardation and developmental disabilities shall pay the nonfederal portion of targeted case management costs to the Department of Mental Retardation and Developmental Disabilities. Notwithstanding any other provision of law to the contrary, county boards of mental retardation and developmental disabilities may pledge funds from any appropriation line item to pay for the nonfederal costs of targeted case management. The Director of Mental Retardation and Developmental Disabilities shall withhold any amount owed to the department from subsequent disbursements from any appropriation line item or money otherwise due to a nonpaying county. The Director of Mental Retardation and Developmental Disabilities may transfer cash, through intrastate transfer vouchers, from any Department of Mental Retardation and Developmental Disabilities appropriation line item to Fund 5DJ.
The Director of Budget and Management may increase the appropriation level of the Department of Job and Family Services appropriation item 600-671, Medicaid Program Support, by $9,340,000 in fiscal year 2006 and by $20,280,000 in fiscal year 2007. The Director may then increase the appropriation level for the Department of Job and Family Services Fund 3F0, appropriation item 600-623, Health Care Federal, by the corresponding federal amount in fiscal year 2006 and fiscal year 2007.
Sec. 209.09.18. RESIDENTIAL FACILITIES
GRF |
323-321 |
|
Residential Facilities
|
|
$ |
101,764,366 |
|
$ |
100,457,600 |
|
|
|
Operations |
|
|
|
|
|
|
TOTAL GRF General Revenue Fund |
|
$ |
101,764,366 |
|
$ |
100,457,600 |
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 |
|
Developmental Center Operation Expenses
|
|
$ |
120,000,000 |
|
$ |
120,000,000 |
325 |
323-608 |
|
Foster Grandparent Program
|
|
$ |
575,000 |
|
$ |
575,000 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
120,575,000 |
|
$ |
120,575,000 |
State Special Revenue Fund Group
221 |
322-620 |
|
Supplement Service Trust |
|
$ |
150,000 |
|
$ |
150,000 |
489 |
323-632 |
|
Developmental Center Direct Care Support |
|
$ |
12,125,628 |
|
$ |
12,125,628 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
12,275,628 |
|
$ |
12,275,628 |
TOTAL ALL RESIDENTIAL FACILITIES |
|
|
|
|
|
|
BUDGET FUND GROUPS |
|
$ |
235,527,171 |
|
$ |
234,220,405 |
DEPARTMENT TOTAL |
|
|
|
|
|
|
GENERAL REVENUE FUND |
|
$ |
352,880,570 |
|
$ |
353,397,967 |
DEPARTMENT TOTAL |
|
|
|
|
|
|
GENERAL SERVICES FUND GROUP |
|
$ |
2,202,177 |
|
$ |
1,612,177 |
DEPARTMENT TOTAL |
|
|
|
|
|
|
FEDERAL SPECIAL REVENUE FUND GROUP |
|
$ |
652,727,850 |
|
$ |
630,577,281 |
DEPARTMENT TOTAL |
|
|
|
|
|
|
STATE SPECIAL REVENUE FUND GROUP |
|
$ |
114,300,628 146,990,628 |
|
$ |
114,300,628 184,650,628 |
TOTAL DEPARTMENT OF MENTAL |
|
|
|
|
|
|
RETARDATION AND DEVELOPMENTAL |
|
|
|
|
|
|
DISABILITIES |
|
$ |
1,122,111,225 1,154,801,225 |
|
$ |
1,099,888,053 1,170,238,053 |
Sec. 209.15. CRB MOTOR VEHICLE COLLISION REPAIR
REGISTRATION BOARD
General Service Fund Group
5H9 |
865-609 |
|
Operating Expenses - CRB |
|
$ |
325,047 |
|
$ |
0 334,995 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
325,047 |
|
$ |
0 334,995 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
325,047 |
|
$ |
0 334,995 |
Sec. 209.18. DNR DEPARTMENT OF NATURAL RESOURCES
GRF |
725-401 |
|
Wildlife-GRF Central Support |
|
$ |
1,000,000 1,315,000 |
|
$ |
1,000,000 1,365,000 |
GRF |
725-404 |
|
Fountain Square Rental Payments - OBA |
|
$ |
1,025,300 |
|
$ |
1,092,000 |
GRF |
725-407 |
|
Conservation Reserve Enhancement Program |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
GRF |
725-413 |
|
OPFC Lease Rental Payments |
|
$ |
18,699,100 |
|
$ |
20,962,800 |
GRF |
725-423 |
|
Stream and Ground Water Gauging |
|
$ |
311,910 |
|
$ |
311,910 |
GRF |
725-425 |
|
Wildlife License Reimbursement |
|
$ |
646,319 |
|
$ |
646,319 |
GRF |
725-456 |
|
Canal Lands |
|
$ |
332,859 |
|
$ |
332,859 |
GRF |
725-502 |
|
Soil and Water Districts |
|
$ |
9,836,436 |
|
$ |
9,836,436 |
GRF |
725-903 |
|
Natural Resources General Obligation Debt Service |
|
$ |
25,866,000 |
|
$ |
24,359,100 |
GRF |
727-321 |
|
Division of Forestry |
|
$ |
8,541,511 |
|
$ |
8,541,511 |
GRF |
728-321 |
|
Division of Geological Survey |
|
$ |
1,630,000 |
|
$ |
1,630,000 |
GRF |
729-321 |
|
Office of Information Technology |
|
$ |
440,895 |
|
$ |
440,895 |
GRF |
730-321 |
|
Division of Parks and Recreation |
|
$ |
37,874,841 |
|
$ |
39,874,841 |
GRF |
731-321 |
|
Office of Coastal Management |
|
$ |
259,707 |
|
$ |
259,707 |
GRF |
733-321 |
|
Division of Water |
|
$ |
3,257,619 |
|
$ |
3,207,619 |
GRF |
736-321 |
|
Division of Engineering |
|
$ |
3,118,703 |
|
$ |
3,118,703 |
GRF |
737-321 |
|
Division of Soil and Water |
|
$ |
4,074,788 |
|
$ |
4,074,788 |
GRF |
738-321 |
|
Division of Real Estate and Land Management |
|
$ |
2,291,874 |
|
$ |
2,291,874 |
GRF |
741-321 |
|
Division of Natural Areas and Preserves |
|
$ |
3,009,505 |
|
$ |
3,009,505 |
GRF |
744-321 |
|
Division of Mineral
Resources Management |
|
$ |
3,068,167 |
|
$ |
3,068,167 |
TOTAL GRF General Revenue Fund |
|
$ |
126,285,534 |
|
$ |
129,059,034 |
|
|
|
126,600,534 |
|
|
129,424,034 |
General Services Fund Group
155 |
725-601 |
|
Departmental Projects |
|
$ |
3,135,821 |
|
$ |
3,011,726 |
157 |
725-651 |
|
Central Support Indirect |
|
$ |
6,528,675 |
|
$ |
6,528,675 |
204 |
725-687 |
|
Information Services |
|
$ |
4,676,627 |
|
$ |
4,676,627 |
206 |
725-689 |
|
REALM Support Services |
|
$ |
475,000 |
|
$ |
475,000 |
207 |
725-690 |
|
Real Estate Services |
|
$ |
64,000 |
|
$ |
64,000 |
223 |
725-665 |
|
Law Enforcement Administration |
|
$ |
2,096,225 |
|
$ |
2,096,225 |
227 |
725-406 |
|
Parks Projects Personnel |
|
$ |
175,000 |
|
$ |
110,000 |
4D5 |
725-618 |
|
Recycled Materials |
|
$ |
50,000 |
|
$ |
50,000 |
4S9 |
725-622 |
|
NatureWorks Personnel |
|
$ |
472,648 |
|
$ |
307,648 |
4X8 |
725-662 |
|
Water Resources Council |
|
$ |
125,000 |
|
$ |
125,000 |
430 |
725-671 |
|
Canal Lands |
|
$ |
797,582 |
|
$ |
847,582 |
508 |
725-684 |
|
Natural Resources Publications |
|
$ |
157,792 |
|
$ |
157,792 |
510 |
725-631 |
|
Maintenance - State-owned Residences |
|
$ |
260,849 |
|
$ |
260,849 |
516 |
725-620 |
|
Water Management |
|
$ |
2,442,956 |
|
$ |
2,459,120 |
635 |
725-664 |
|
Fountain Square Facilities Management |
|
$ |
3,182,223 |
|
$ |
3,190,223 |
697 |
725-670 |
|
Submerged Lands |
|
$ |
542,011 |
|
$ |
542,011 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
25,182,409 |
|
$ |
24,902,478 |
Federal Special Revenue Fund Group
3B3 |
725-640 |
|
Federal Forest Pass-Thru |
|
$ |
150,000 |
|
$ |
150,000 |
3B4 |
725-641 |
|
Federal Flood Pass-Thru |
|
$ |
350,000 |
|
$ |
350,000 |
3B5 |
725-645 |
|
Federal Abandoned Mine Lands |
|
$ |
14,310,497 |
|
$ |
14,307,666 |
3B6 |
725-653 |
|
Federal Land and Water Conservation Grants |
|
$ |
5,000,000 |
|
$ |
5,000,000 |
3B7 |
725-654 |
|
Reclamation -
Regulatory |
|
$ |
2,107,292 |
|
$ |
2,107,291 |
3P0 |
725-630 |
|
Natural Areas and Preserves - Federal |
|
$ |
315,000 |
|
$ |
315,000 |
3P1 |
725-632 |
|
Geological Survey - Federal |
|
$ |
479,651 |
|
$ |
479,651 |
3P2 |
725-642 |
|
Oil and Gas-Federal |
|
$ |
362,933 |
|
$ |
367,912 |
3P3 |
725-650 |
|
Coastal Management - Federal |
|
$ |
1,592,923 |
|
$ |
1,607,686 |
3P4 |
725-660 |
|
Water - Federal |
|
$ |
419,766 |
|
$ |
420,525 |
3R5 |
725-673 |
|
Acid Mine Drainage Abatement/Treatment |
|
$ |
2,225,000 |
|
$ |
2,225,000 |
3Z5 |
725-657 |
|
REALM-Federal |
|
$ |
1,578,871 |
|
$ |
1,578,871 |
328 |
725-603 |
|
Forestry Federal |
|
$ |
1,813,827 |
|
$ |
2,228,081 |
332 |
725-669 |
|
Federal Mine Safety Grant |
|
$ |
258,102 |
|
$ |
258,102 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
30,963,862 |
|
$ |
31,395,785 |
State Special Revenue Fund Group
4J2 |
725-628 |
|
Injection Well Review |
|
$ |
93,957 |
|
$ |
79,957 |
4M7 |
725-631 |
|
Wildfire Suppression |
|
$ |
100,000 |
|
$ |
100,000 |
4U6 |
725-668 |
|
Scenic Rivers Protection |
|
$ |
407,100 |
|
$ |
407,100 |
5BV |
725-683 |
|
Soil and Water Districts |
|
$ |
1,850,000 |
|
$ |
1,850,000 |
5B3 |
725-674 |
|
Mining Regulation |
|
$ |
28,850 |
|
$ |
28,850 |
5BV |
725-683 |
|
Soil and Water Districts |
|
$ |
1,850,000 |
|
$ |
1,850,000 |
5P2 |
725-634 |
|
Wildlife Boater Angler Administration |
|
$ |
4,200,000 |
|
$ |
3,500,000 |
509 |
725-602 |
|
State Forest |
|
$ |
2,291,664 |
|
$ |
2,591,664 |
511 |
725-646 |
|
Ohio Geological Mapping |
|
$ |
549,310 |
|
$ |
549,310 |
512 |
725-605 |
|
State Parks Operations |
|
$ |
26,814,288 |
|
$ |
26,814,288 |
512 |
725-680 |
|
Parks Facilities Maintenance |
|
$ |
2,576,240 |
|
$ |
2,576,240 |
514 |
725-606 |
|
Lake Erie Shoreline |
|
$ |
612,075 |
|
$ |
657,113 |
518 |
725-643 |
|
Oil and Gas Permit Fees |
|
$ |
2,674,377 |
|
$ |
2,674,378 |
518 |
725-677 |
|
Oil and Gas Well Plugging |
|
$ |
1,200,000 |
|
$ |
1,200,000 |
521 |
725-627 |
|
Off-Road Vehicle Trails |
|
$ |
143,490 |
|
$ |
143,490 |
522 |
725-656 |
|
Natural Areas Checkoff Funds |
|
$ |
1,550,670 |
|
$ |
1,550,670 |
526 |
725-610 |
|
Strip Mining Administration Fee |
|
$ |
1,932,492 |
|
$ |
1,932,492 |
527 |
725-637 |
|
Surface Mining Administration |
|
$ |
2,312,815 |
|
$ |
2,322,702 |
529 |
725-639 |
|
Unreclaimed Land Fund |
|
$ |
623,356 |
|
$ |
631,257 |
531 |
725-648 |
|
Reclamation Forfeiture |
|
$ |
2,061,861 |
|
$ |
2,062,237 |
532 |
725-644 |
|
Litter Control and Recycling |
|
$ |
7,100,000 |
|
$ |
7,100,000 |
586 |
725-633 |
|
Scrap Tire Program |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
615 |
725-661 |
|
Dam Safety |
|
$ |
365,223 |
|
$ |
365,223 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
60,487,768 |
|
$ |
60,136,971 |
061 |
725-405 |
|
Clean Ohio Operating |
|
$ |
155,000 |
|
$ |
155,000 |
TOTAL CLF Clean Ohio Fund Group |
|
$ |
155,000 |
|
$ |
155,000 |
015 |
740-401 |
|
Division of Wildlife Conservation |
|
$ |
49,447,500 |
|
$ |
50,447,500 |
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 |
|
$ |
1,500,000 |
|
$ |
1,500,000 |
819 |
725-685 |
|
Ohio River Management |
|
$ |
128,584 |
|
$ |
128,584 |
TOTAL WLF Wildlife Fund Group |
|
$ |
57,163,418 |
|
$ |
58,163,418 |
Waterways Safety Fund Group
086 |
725-414 |
|
Waterways Improvement |
|
$ |
3,792,343 |
|
$ |
3,792,343 |
086 |
725-418 |
|
Buoy Placement |
|
$ |
52,182 |
|
$ |
52,182 |
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 |
|
$ |
20,027,909 |
|
$ |
20,086,681 |
5AW |
725-682 |
|
Watercraft Revolving Loans |
|
$ |
3,000,000 |
|
$ |
1,000,000 |
TOTAL WSF Waterways Safety Fund |
|
|
|
|
|
|
Group |
|
$ |
27,953,097 |
|
$ |
26,011,869 |
Holding Account Redistribution Fund Group
R17 |
725-659 |
|
Performance Cash Bond Refunds |
|
$ |
374,263 |
|
$ |
374,263 |
R43 |
725-624 |
|
Forestry |
|
$ |
2,500,000 |
|
$ |
1,500,000 |
TOTAL 090 Holding Account |
|
|
|
|
|
|
Redistribution Fund Group |
|
$ |
2,874,263 |
|
$ |
1,874,263 |
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 |
|
$ |
331,086,195 |
|
$ |
331,719,662 |
|
|
|
331,401,195 |
|
|
332,084,662 |
Sec. 209.18.09. 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. The foregoing appropriation item 725-683, Soil and Water Districts, shall be expended for the purposes described above, except that the funding source for this appropriation shall be a fee applied on the disposal of construction and demolition debris as provided in section 1515.14 of the Revised Code, as amended by this act Am. Sub. H.B. 66 of the 126th General Assembly.
Of the foregoing appropriation item 725-502, Soil and Water Districts, $25,000 in each fiscal year shall be used for the Conservation Action Project.
Of the foregoing appropriation item, 725-683, Soil and Water Districts, $200,000 in each fiscal year shall be used to support the Heidelberg College Water Quality Laboratory.
Of the foregoing appropriation item 725-683, Soil and Water Districts, $100,000 in each fiscal year shall be used to support the Muskingum Watershed Conservancy District.
Of the foregoing appropriation item 725-683, Soil and Water Districts, $100,000 in each fiscal year shall be used to support the Indian Lake Watershed in Logan County.
Of the foregoing appropriation item 733-321, Division of Water, $50,000 in fiscal year 2006 shall be used for the Fairport Harbor Port Authority boat launch in Lake County.
The
Director of Budget and Management shall transfer an amount certified by the Director of Natural Resources from the Central Support Indirect Fund (Fund 157) to the Law Enforcement Administration Fund (Fund 223) and the Information Services Fund (Fund 204) to implement a direct cost recovery plan.
STATE PARK DEPRECIATION RESERVE
The foregoing appropriation item 725-680, Parks Facilities Maintenance, shall be used by the Division of Parks and Recreation to maintain state park revenue producing facilities in the best economic operating condition and to repair and replace equipment used in the operation of state park revenue producing facilities.
Upon certification of the Director of Natural Resources, the Director of Budget and Management shall transfer the cash balance in the Depreciation Reserve Fund (Fund 161), which is abolished in section 1541.221 of the Revised Code, as amended by this act Am. Sub. H.B. 66 of the 126th General Assembly, to the State Park Fund (Fund 512), which is created in section 1541.22 of the Revised Code. All outstanding encumbrances shall be cancelled canceled on October 1, 2005.
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.
LITTER CONTROL AND RECYCLING
Of the foregoing appropriation item, 725-644, Litter Control and Recycling, not more than $1,500,000 may be used in each fiscal year for the administration of the Recycling and Litter Prevention program.
CLEAN OHIO OPERATING EXPENSES
The foregoing appropriation item 725-405, Clean Ohio Operating, shall be used by the Department of Natural Resources in administering section 1519.05 of the Revised Code.
Of the foregoing appropriation item 739-401, Division of
Watercraft, not more than $200,000 in each fiscal year shall be
expended for the purchase of equipment for marine patrols
qualifying for funding from the Department of Natural Resources
pursuant to section 1547.67 of the Revised Code. Proposals for
equipment shall accompany the submission of documentation for
receipt of a marine patrol subsidy pursuant to section 1547.67 of
the Revised Code and shall be loaned to eligible marine patrols
pursuant to a cooperative agreement between the Department of
Natural Resources and the eligible marine patrol.
WATERCRAFT REVOLVING LOAN PROGRAM
Upon certification by the Director of Natural Resources, the Director of Budget and Management shall transfer an amount not to exceed $3,000,000 in fiscal year 2006 and not to exceed $1,000,000 in fiscal year 2007 so certified from the Waterways Safety Fund (Fund 086) to the Watercraft Revolving Loans Fund (Fund 5AW). The moneys shall be used pursuant to section 1547.721 of the Revised Code.
PARKS CAPITAL EXPENSES FUND
There is hereby created in the state treasury the Parks Capital Expenses Fund (Fund 227). The fund shall be used to pay for design, engineering, and planning costs incurred by the Department of Natural Resources for capital parks projects.
The Director of Natural Resources shall submit to the Director of Budget and Management the estimated design, engineering, and planning costs of capital-related work to be done by Department of Natural Resources staff for parks projects. If the Director of Budget and Management approves the estimated costs, the Director may release appropriations from appropriation item 725-406, Parks Projects Personnel, for those purposes. Upon release of the appropriations, the Department of Natural Resources shall pay for these expenses from the Parks Capital Expenses Fund (Fund 227). Expenses paid from Fund 227 shall be reimbursed by the Parks and Recreation Improvement Fund (Fund 035) using an intrastate transfer voucher. In fiscal year 2006 the Director of Budget and Management shall transfer, using an intrastate transfer voucher, $20,000 from the Parks and Recreation Improvement Fund (Fund 035) to the Parks Capital Expenses Fund (Fund 227).
Sec. 209.24. PYT OCCUPATIONAL THERAPY, PHYSICAL THERAPY, AND ATHLETIC TRAINERS BOARD
General Services Fund Group
4K9 |
890-609 |
|
Operating Expenses |
|
$ |
824,057 |
|
$ |
0 836,529 |
TOTAL GSF General Services Fund Group |
|
$ |
824,057 |
|
$ |
0 836,529 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
824,057 |
|
$ |
0 836,529 |
Sec. 209.30. ODB OHIO OPTICAL DISPENSERS BOARD
General Services Fund Group
4K9 |
894-609 |
|
Operating Expenses |
|
$ |
316,517 |
|
$ |
0 312,656 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
316,517 |
|
$ |
0 312,656 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
316,517 |
|
$ |
0 312,656 |
Sec. 209.33. OPT STATE BOARD OF OPTOMETRY
General Services Fund Group
4K9 |
885-609 |
|
Operating Expenses |
|
$ |
336,771 |
|
$ |
0 336,771 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
336,771 |
|
$ |
0 336,771 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
336,771 |
|
$ |
0 336,771 |
Sec. 209.36. OPP STATE BOARD OF ORTHOTICS, PROSTHETICS, AND
PEDORTHICS
General Services Fund Group
4K9 |
973-609 |
|
Operating Expenses |
|
$ |
99,571 |
|
$ |
0 106,035 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
99,571 |
|
$ |
0 106,035 |
TOTAL ALL BUDGET FUND
GROUPS |
|
$ |
99,571 |
|
$ |
0 106,035 |
Sec. 209.45. PSY STATE BOARD OF PSYCHOLOGY
General Services Fund Group
4K9 |
882-609 |
|
Operating Expenses |
|
$ |
566,112 |
|
$ |
0 586,565 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
566,112 |
|
$ |
0 586,565 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
566,112 |
|
$ |
0 586,565 |
Sec. 209.63. BOR BOARD OF REGENTS
GRF |
235-321 |
|
Operating Expenses |
|
$ |
2,897,659 |
|
$ |
2,966,351 |
GRF |
235-401 |
|
Lease Rental Payments |
|
$ |
200,619,200 |
|
$ |
200,795,300 |
GRF |
235-402 |
|
Sea Grants |
|
$ |
231,925 |
|
$ |
231,925 |
GRF |
235-406 |
|
Articulation and Transfer |
|
$ |
2,900,000 |
|
$ |
2,900,000 |
GRF |
235-408 |
|
Midwest Higher Education Compact |
|
$ |
90,000 |
|
$ |
90,000 |
GRF |
235-409 |
|
Information System |
|
$ |
1,146,510 |
|
$ |
1,175,172 |
GRF |
235-414 |
|
State Grants and Scholarship Administration |
|
$ |
1,352,811 |
|
$ |
1,382,881 |
GRF |
235-415 |
|
Jobs Challenge |
|
$ |
9,348,300 |
|
$ |
9,348,300 |
GRF |
235-417 |
|
Ohio Learning Network |
|
$ |
3,119,496 |
|
$ |
3,119,496 |
GRF |
235-418 |
|
Access Challenge |
|
$ |
73,513,302 |
|
$ |
73,004,671 |
GRF |
235-420 |
|
Success Challenge |
|
$ |
52,601,934 |
|
$ |
52,601,934 |
GRF |
235-428 |
|
Appalachian New Economy Partnership |
|
$ |
1,176,068 |
|
$ |
1,176,068 |
GRF |
235-433 |
|
Economic Growth Challenge |
|
$ |
20,343,097 |
|
$ |
23,186,194 |
GRF |
235-434 |
|
College Readiness and Access |
|
$ |
6,375,975 |
|
$ |
7,655,425 |
GRF |
235-435 |
|
Teacher Improvement Initiatives |
|
$ |
2,697,506 |
|
$ |
2,697,506 |
GRF |
235-451 |
|
Eminent Scholars |
|
$ |
0 |
|
$ |
1,370,988 |
GRF |
235-455 |
|
EnterpriseOhio Network |
|
$ |
1,373,941 |
|
$ |
1,373,941 |
GRF |
235-474 |
|
Area Health Education Centers Program Support |
|
$ |
1,571,756 |
|
$ |
1,571,756 |
GRF |
235-501 |
|
State Share of Instruction |
|
$ |
1,559,096,031 |
|
$ |
1,589,096,031 |
GRF |
235-502 |
|
Student Support Services |
|
$ |
795,790 |
|
$ |
795,790 |
GRF |
235-503 |
|
Ohio Instructional
Grants |
|
$ |
121,151,870 |
|
$ |
92,496,969 |
GRF |
235-504 |
|
War Orphans Scholarships |
|
$ |
4,672,321 |
|
$ |
4,672,321 |
GRF |
235-507 |
|
OhioLINK |
|
$ |
6,887,824 |
|
$ |
6,887,824 |
GRF |
235-508 |
|
Air Force Institute of Technology |
|
$ |
1,925,345 |
|
$ |
1,925,345 |
GRF |
235-510 |
|
Ohio Supercomputer Center |
|
$ |
4,271,195 |
|
$ |
4,271,195 |
GRF |
235-511 |
|
Cooperative Extension Service |
|
$ |
25,644,863 |
|
$ |
25,644,863 |
GRF |
235-513 |
|
Ohio University Voinovich Center |
|
$ |
336,082 |
|
$ |
336,082 |
GRF |
235-515 |
|
Case Western Reserve University School of Medicine |
|
$ |
3,011,271 |
|
$ |
3,011,271 |
GRF |
235-518 |
|
Capitol Scholarship Program |
|
$ |
125,000 |
|
$ |
125,000 |
GRF |
235-519 |
|
Family Practice |
|
$ |
4,548,470 |
|
$ |
4,548,470 |
GRF |
235-520 |
|
Shawnee State Supplement |
|
$ |
1,918,830 |
|
$ |
1,822,889 |
GRF |
235-521 |
|
The Ohio State University Glenn Institute |
|
$ |
286,082 |
|
$ |
286,082 |
GRF |
235-524 |
|
Police and Fire Protection |
|
$ |
171,959 |
|
$ |
171,959 |
GRF |
235-525 |
|
Geriatric Medicine |
|
$ |
750,110 |
|
$ |
750,110 |
GRF |
235-526 |
|
Primary Care Residencies |
|
$ |
2,245,688 |
|
$ |
2,245,688 |
GRF |
235-527 |
|
Ohio Aerospace Institute |
|
$ |
1,764,957 |
|
$ |
1,764,957 |
GRF |
235-530 |
|
Academic Scholarships |
|
$ |
7,800,000 |
|
$ |
7,800,000 |
GRF |
235-531 |
|
Student Choice Grants |
|
$ |
50,853,276 |
|
$ |
52,985,376 |
GRF |
235-534 |
|
Student Workforce Development Grants |
|
$ |
2,137,500 |
|
$ |
2,137,500 |
GRF |
235-535 |
|
Ohio Agricultural Research and Development Center |
|
$ |
35,955,188 |
|
$ |
35,955,188 |
GRF |
235-536 |
|
The Ohio State University Clinical Teaching |
|
$ |
13,565,885 |
|
$ |
13,565,885 |
GRF |
235-537 |
|
University of Cincinnati Clinical Teaching |
|
$ |
11,157,756 |
|
$ |
11,157,756 |
GRF |
235-538 |
|
Medical University of Ohio at Toledo Clinical Teaching |
|
$ |
8,696,866 |
|
$ |
8,696,866 |
GRF |
235-539 |
|
Wright State University Clinical Teaching |
|
$ |
4,225,107 |
|
$ |
4,225,107 |
GRF |
235-540 |
|
Ohio University Clinical Teaching |
|
$ |
4,084,540 |
|
$ |
4,084,540 |
GRF |
235-541 |
|
Northeastern Ohio Universities College of Medicine Clinical Teaching |
|
$ |
4,200,945 |
|
$ |
4,200,945 |
GRF |
235-543 |
|
Ohio College of Podiatric Medicine Clinic Subsidy |
|
$ |
250,000 |
|
$ |
250,000 |
GRF |
235-547 |
|
School of International Business |
|
$ |
450,000 |
|
$ |
450,000 |
GRF |
235-549 |
|
Part-time Student Instructional Grants |
|
$ |
14,457,721 |
|
$ |
10,534,617 |
GRF |
235-552 |
|
Capital Component |
|
$ |
19,058,863 19,059,866 |
|
$ |
19,058,863 19,059,866 |
GRF |
235-553 |
|
Dayton Area Graduate Studies Institute |
|
$ |
2,806,599 |
|
$ |
2,806,599 |
GRF |
235-554 |
|
Priorities in Collaborative Graduate Education |
|
$ |
2,355,548 |
|
$ |
2,355,548 |
GRF |
235-555 |
|
Library Depositories |
|
$ |
1,696,458 |
|
$ |
1,696,458 |
GRF |
235-556 |
|
Ohio Academic Resources Network |
|
$ |
3,727,223 |
|
$ |
3,727,223 |
GRF |
235-558 |
|
Long-term Care Research |
|
$ |
211,047 |
|
$ |
211,047 |
GRF |
235-561 |
|
Bowling Green State University Canadian Studies Center |
|
$ |
100,015 |
|
$ |
100,015 |
GRF |
235-563 |
|
Ohio College Opportunity Grant |
|
$ |
0 |
|
$ |
58,144,139 |
GRF |
235-572 |
|
The Ohio State University Clinic Support |
|
$ |
1,277,019 |
|
$ |
1,277,019 |
GRF |
235-583 |
|
Urban University Program |
|
$ |
4,992,937 |
|
$ |
4,992,937 |
GRF |
235-587 |
|
Rural University Projects |
|
$ |
1,147,889 |
|
$ |
1,147,889 |
GRF |
235-596 |
|
Hazardous Materials Program |
|
$ |
360,435 |
|
$ |
360,435 |
GRF |
235-599 |
|
National Guard
Scholarship Program |
|
$ |
15,128,472 |
|
$ |
16,611,063 |
GRF |
235-909 |
|
Higher Education General Obligation Debt Service |
|
$ |
137,600,300 |
|
$ |
152,114,100 |
TOTAL GRF General Revenue Fund |
|
$ |
2,469,260,757 2,469,261,760 |
|
$ |
2,548,147,869 2,548,148,872 |
General Services Fund Group
220 |
235-614 |
|
Program Approval and Reauthorization |
|
$ |
400,000 |
|
$ |
400,000 |
456 |
235-603 |
|
Sales and Services |
|
$ |
700,000 |
|
$ |
900,000 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
1,100,000 |
|
$ |
1,300,000 |
Federal Special Revenue Fund Group
3H2 |
235-608 |
|
Human Services Project |
|
$ |
1,500,000 |
|
$ |
1,500,000 |
3H2 |
235-622 |
|
Medical Collaboration Network |
|
$ |
3,346,143 |
|
$ |
3,346,143 |
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 |
|
$ |
1,370,691 |
|
$ |
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 |
235-617 |
|
Improving Teacher Quality Grant |
|
$ |
2,900,000 |
|
$ |
2,900,000 |
312 |
235-619 |
|
Ohio Supercomputer Center |
|
$ |
6,000,000 |
|
$ |
6,000,000 |
312 |
235-621 |
|
Science Education Network |
|
$ |
1,686,970 |
|
$ |
1,686,970 |
312 |
235-631 |
|
Federal Grants |
|
$ |
250,590 |
|
$ |
250,590 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
20,221,014 |
|
$ |
20,221,014 |
State Special Revenue Fund Group
4E8 |
235-602 |
|
Higher Educational Facility Commission Administration |
|
$ |
55,000 |
|
$ |
55,000 |
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 |
|
$ |
2,184,870 |
|
$ |
2,184,870 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
2,492,766,641 2,492,767,644 |
|
$ |
2,571,853,753 2,571,854,756 |
Sec. 209.63.42. COLLEGE READINESS AND ACCESS
Appropriation item 235-434, College Readiness and Access,
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 such as the Ohio College Access Network, the state match for the federal Gaining Early Awareness and Readiness for Undergraduate Program, and early awareness initiatives. The appropriation item shall also be used 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 235-434, College Readiness and Access, $798,684 in fiscal year 2006 and $822,645 in fiscal year 2007 shall be distributed to the Ohio Appalachian Center for Higher Education at Shawnee State University. The board of directors of the Center shall consist of the presidents of Shawnee State University, Ohio University, Belmont Technical College, Hocking College, Jefferson Community College, Zane State College, Rio Grande Community College, Southern State Community College, and Washington State Community College; the president of Ohio University or a designee of the president; 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 235-434, College Readiness and Access, $169,553 in fiscal year 2006 and $174,640 in fiscal year 2007 shall be distributed to Miami University for the Student Achievement in Research and Scholarship (STARS) Program.
Of the foregoing appropriation item 235-434, College Readiness and Access, $1,574,535 in fiscal year 2006 and $2,753,985 in fiscal year 2007 shall be used in conjunction with funding provided in the Ohio Department of Education budget under appropriation item 200-431, School Improvement Initiatives, to support the Early College High School Pilot Program. The funds shall be distributed according to guidelines established by the Department of Education and the Board of Regents.
Sec. 209.64.60. RURAL UNIVERSITY PROJECTS
Of the foregoing appropriation item 235-587, Rural University
Projects,
Bowling Green State University shall receive $263,783 in each fiscal year, Miami University shall receive $245,320 in each fiscal year, and Ohio University shall receive $575,015 in each fiscal year. 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 Regional Development 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, $15,942 in each fiscal year shall be used to support the Washington State Community College day care center.
Of the foregoing appropriation item 235-587, Rural University Projects, $47,829 in each fiscal year shall be used to support the COAD/ILGARD/GOA Appalachian Leadership Initiative.
Sec. 209.72. RSC REHABILITATION SERVICES COMMISSION
GRF |
415-100 |
|
Personal Services |
|
$ |
8,851,468 |
|
$ |
8,851,468 |
GRF |
415-402 |
|
Independent Living Council |
|
$ |
12,280 |
|
$ |
12,280 400,000 |
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 |
|
$ |
226,012 |
|
$ |
226,012 |
GRF |
415-506 |
|
Services for People with Disabilities |
|
$ |
12,185,215 |
|
$ |
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 |
|
$ |
24,296,832 |
|
$ |
24,296,832 24,684,552 |
General Services Fund Group
4W5 |
415-606 |
|
Program Management Expenses |
|
$ |
18,557,040 |
|
$ |
18,557,040 |
467 |
415-609 |
|
Business Enterprise Operating Expenses |
|
$ |
1,632,082 |
|
$ |
1,632,082 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
20,189,122 |
|
$ |
20,189,122 |
Federal Special Revenue Fund Group
3L1 |
415-601 |
|
Social Security Personal Care Assistance |
|
$ |
3,743,740 |
|
$ |
3,743,740 |
3L1 |
415-605 |
|
Social Security Community Centers for the Deaf |
|
$ |
1,100,488 |
|
$ |
1,100,488 |
3L1 |
415-607 |
|
Social Security Administration Cost |
|
$ |
175,860 |
|
$ |
175,860 |
3L1 |
415-608 |
|
Social Security Special Programs/Assistance |
|
$ |
2,246,991 |
|
$ |
131,716 |
3L1 |
415-610 |
|
Social Security Vocational Rehabilitation |
|
$ |
1,336,324 |
|
$ |
1,338,324 |
3L1 |
415-614 |
|
Social Security Independent Living |
|
$ |
154,942 |
|
$ |
0 |
3L4 |
415-612 |
|
Federal Independent Living Centers or Services |
|
$ |
894,662 |
|
$ |
686,520 |
3L4 |
415-615 |
|
Federal - Supported Employment |
|
$ |
1,338,191 |
|
$ |
1,338,191 |
3L4 |
415-617 |
|
Independent Living/Vocational Rehabilitation Programs |
|
$ |
1,508,885 |
|
$ |
1,608,885 |
317 |
415-620 |
|
Disability Determination |
|
$ |
82,870,347 |
|
$ |
87,999,369 |
379 |
415-616 |
|
Federal - Vocational Rehabilitation |
|
$ |
123,565,158 |
|
$ |
119,998,470 |
TOTAL FED Federal Special |
|
|
|
|
|
|
Revenue Fund Group |
|
$ |
218,935,588 |
|
$ |
218,121,563 |
State Special Revenue Fund Group
4L1 |
415-619 |
|
Services for Rehabilitation |
|
$ |
4,500,000 |
|
$ |
4,500,000 |
468 |
415-618 |
|
Third Party Funding |
|
$ |
1,055,407 |
|
$ |
1,105,407 |
TOTAL SSR State Special |
|
|
|
|
|
|
Revenue Fund Group |
|
$ |
5,555,407 |
|
$ |
5,605,407 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
268,976,949 |
|
$ |
268,212,924 268,600,644 |
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 Rehabilitation Services Commission shall provide the Department of Mental Health a quarterly
report stating the
numbers served, numbers
placed
in employment, average hourly wage,
and average hours worked.
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, up to $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
each fiscal year shall be provided
to the Brain Injury Trust Fund. The remaining
appropriation 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 415-508, Services for the Deaf, shall be used to supplement Social Security reimbursement funds used to provide grants to community centers for the deaf. These funds shall not be used in lieu of Social Security reimbursement funds.
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.
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 under 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.
PROGRAM MANAGEMENT EXPENSES
The foregoing appropriation item 415-606, Program Management
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/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, high tech high schools, training, and brain injury grants.
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 enable them to achieve competitive
employment. This appropriation 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 enable them to achieve a noncompetitive
employment goal.
PILOT PROGRAM FOR VOCATIONAL REHABILITATION
During fiscal years 2006 and 2007, 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 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). During 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 not later than December 15, 2007. The report shall include a recommendation to either continue or discontinue the pilot program in the next biennium.
Sec. 209.75. RCB RESPIRATORY CARE BOARD
General Services Fund Group
4K9 |
872-609 |
|
Operating Expenses |
|
$ |
441,987 |
|
$ |
0 450,520 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
441,987 |
|
$ |
0 450,520 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
441,987 |
|
$ |
0 450,520 |
Sec. 209.78.03. GENERAL REVENUE FUND TRANSFERS TO LOCAL GOVERNMENT PROPERTY TAX REPLACEMENT – BUSINESS (FUND 081)
Notwithstanding any provision of law to the contrary, in fiscal year 2006 and fiscal year 2007, the Director of Budget and Management shall may transfer $4,290,000 in fiscal year 2006 and $30,090,000 in fiscal year 2007 from the General Revenue Fund to appropriation item 110-900, the Local Government Property Tax Replacement – Business (Fund 081) in the Revenue Distribution Fund. The funds shall be used, those amounts necessary to reimburse local taxing units under section 5751.22 of the Revised Code. Also, in fiscal year 2006 and fiscal year 2007, the Director of Budget and Management may make temporary transfers from the General Revenue Fund to ensure sufficient balances in the Local Government Property Tax Replacement - Business Fund (Fund 081) and to replenish the General Revenue Fund for such transfers.
Sec. 209.81. SAN BOARD OF SANITARIAN REGISTRATION
General Services Fund Group
4K9 |
893-609 |
|
Operating Expenses |
|
$ |
134,279 |
|
$ |
0 138,551 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
134,279 |
|
$ |
0 138,551 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
134,279 |
|
$ |
0 138,551 |
Sec. 209.90.06. 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 seventy-five per cent of
adjusted valuation per pupil on the
current ranking of
school districts established under 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.
Sec. 212.03. SPE BOARD OF SPEECH-LANGUAGE PATHOLOGY
& AUDIOLOGY
General Services Fund Group
4K9 |
886-609 |
|
Operating Expenses |
|
$ |
408,864 |
|
$ |
0 415,000 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
408,864 |
|
$ |
0 415,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
408,864 |
|
$ |
0 415,000 |
Sec. 212.24. OVH OHIO VETERANS' HOME
GRF |
430-100 |
|
Personal Services |
|
$ |
20,629,914 21,429,914 |
|
$ |
21,030,031 21,830,031 |
GRF |
430-200 |
|
Maintenance |
|
$ |
6,396,200 7,246,200 |
|
$ |
6,396,200 7,246,200 |
TOTAL GRF General Revenue Fund |
|
$ |
27,026,114 28,676,114 |
|
$ |
27,426,231 29,076,231 |
General Services Fund Group
484 |
430-603 |
|
Rental and Service Revenue |
|
$ |
882,737 |
|
$ |
882,737 |
TOTAL GSF General Services Fund Group |
|
$ |
882,737 |
|
$ |
882,737 |
Federal Special Revenue Fund Group
3L2 |
430-601 |
|
Federal VA Per Diem Grant |
|
$ |
14,990,510 |
|
$ |
15,290,320 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
14,990,510 |
|
$ |
15,290,320 |
State Special Revenue Fund Group
4E2 |
430-602 |
|
Veterans Home Operating |
|
$ |
8,322,731 |
|
$ |
8,530,800 |
604 |
430-604 |
|
Veterans Home Improvement |
|
$ |
770,096 |
|
$ |
770,096 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
9,092,827 |
|
$ |
9,300,896 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
51,992,188 53,642,188 |
|
$ |
52,900,184 54,550,184 |
Notwithstanding any other provision of law to the contrary, in fiscal year 2006 and in fiscal year 2007, the Director of Budget and Management may transfer cash from SSR Fund 604, Veterans Home Improvement Fund, to SSR Fund 4E2, Veterans Home Operating Fund. Any cash transfer described in this section shall be used in accordance with section 5907.131 of the Revised Code. The amount transferred by the Director is hereby appropriated to foregoing SSR appropriation item 430-602, Veterans Home Operating (Fund 4E2).
Within thirty days after the conclusion of each fiscal quarter, the Ohio Veterans' Home Agency shall submit a report on the status of the Agency's fiscal operations to 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.
Sec. 212.27. 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 |
|
$ |
49,453 |
|
$ |
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 |
|
$ |
302,328 |
|
$ |
302,328 |
VII AMVETS
GRF |
753-501 |
|
State Support |
|
$ |
287,919 |
|
$ |
287,919 |
VAV DISABLED AMERICAN VETERANS
GRF |
754-501 |
|
State Support |
|
$ |
216,308 |
|
$ |
216,308 |
VMC MARINE CORPS LEAGUE
GRF |
756-501 |
|
State Support |
|
$ |
115,972 |
|
$ |
115,972 |
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 |
|
$ |
246,615 |
|
$ |
246,615 |
TOTAL GRF General Revenue Fund |
|
$ |
1,634,619 |
|
$ |
1,634,619 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,634,619 |
|
$ |
1,634,619 |
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.
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.
VAL AMERICAN LEGION OF OHIO
Of the foregoing appropriation item 752-501, State Support, VAL American Legion, at least $50,000 in each fiscal year shall be used to fund service officer expenses.
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. Additionally, at least $50,000 shall be used in each fiscal year to fund service officer expenses. The Director of Budget and Management shall release these funds upon
the
presentation of an itemized receipt, approved by the Governor's Office of Veterans Affairs, from the association for reasonable and
appropriate
expenses
incurred while performing these duties. The
association shall
establish
uniform procedures for reimbursing
member commissions.
Of the foregoing appropriation item 753-501, State Support, AMVETS, at least $50,000 shall be used in each fiscal year to fund service officer expenses.
VAV DISABLED AMERICAN VETERANS
Of the foregoing appropriation item 754-501, State Support, VAV Disabled American Veterans, at least $50,000 in each fiscal year shall be used to fund service officer expenses.
Of the foregoing appropriation item 756-501, State Support, VMC Marine Corps League, at least $30,000 in each fiscal year shall be used to fund service officer expenses.
VFW VETERANS OF FOREIGN WARS
Of the foregoing appropriation item 758-501, State Support, VFW Veterans of Foreign Wars, at least $50,000 in each fiscal year shall be used to fund service officer expenses.
Sec. 212.30. DVM STATE VETERINARY MEDICAL BOARD
General Services Fund Group
4K9 |
888-609 |
|
Operating Expenses |
|
$ |
293,691 |
|
$ |
0 307,000 |
5BU |
888-602 |
|
Veterinary Student Loan Program |
|
$ |
60,000 |
|
$ |
0 60,000 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
353,691 |
|
$ |
0 367,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
353,691 |
|
$ |
0 367,000 |
CASH TRANSFER TO VETERINARY STUDENT LOAN PROGRAM FUND (FUND 5BU)
On July 1, 2005, or as soon as possible thereafter, the Director of Budget and Management shall transfer $60,000 in cash from the Occupational Licensing and Regulatory Fund (Fund 4K9) to the Veterinary Student Loan Program Fund (Fund 5BU), which is hereby created. The amount of the transfer is hereby appropriated.
VETERINARY STUDENT LOAN PROGRAM
The foregoing appropriation item 888-602, Veterinary Student Loan Program, shall be used by the Veterinary Medical Licensing Board to implement a student loan repayment program for veterinary students focusing on large animal populations, public health, or regulatory veterinary medicine.
Sec. 212.33. DYS DEPARTMENT OF YOUTH SERVICES
GRF |
470-401 |
|
RECLAIM Ohio |
|
$ |
177,016,683 |
|
$ |
182,084,588 |
GRF |
470-412 |
|
Lease Rental Payments |
|
$ |
20,267,500 |
|
$ |
21,882,700 |
GRF |
470-510 |
|
Youth Services |
|
$ |
18,608,587 |
|
$ |
18,608,587 |
GRF |
472-321 |
|
Parole Operations |
|
$ |
14,358,995 |
|
$ |
14,962,871 |
GRF |
477-321 |
|
Administrative Operations |
|
$ |
14,239,494 |
|
$ |
14,754,420 |
TOTAL GRF General Revenue Fund |
|
$ |
244,491,259 |
|
$ |
252,293,166 |
General Services Fund Group
175 |
470-613 |
|
Education Reimbursement |
|
$ |
10,112,529 |
|
$ |
9,450,598 |
4A2 |
470-602 |
|
Child Support |
|
$ |
320,641 |
|
$ |
328,657 |
4G6 |
470-605 |
|
General Operational Funds |
|
$ |
10,000 |
|
$ |
10,000 |
479 |
470-609 |
|
Employee Food Service |
|
$ |
141,466 |
|
$ |
137,666 |
523 |
470-621 |
|
Wellness Program |
|
$ |
46,937 |
|
$ |
0 |
6A5 |
470-616 |
|
Building Demolition |
|
$ |
31,100 |
|
$ |
0 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
10,662,673 |
|
$ |
9,926,921 |
Federal Special Revenue Fund Group
3V5 |
470-604 |
|
Juvenile Justice/Delinquency Prevention |
|
$ |
4,254,745 |
|
$ |
4,254,746 |
3W0 |
470-611 |
|
Federal Juvenile Programs FFY 02 |
|
$ |
222,507 |
|
$ |
0 |
3Z8 |
470-625 |
|
Federal Juvenile Programs FFY 04 |
|
$ |
1,500,001 |
|
$ |
773,812 |
3Z9 |
470-626 |
|
Federal Juvenile Programs FFY 05 |
|
$ |
465,000 |
|
$ |
0 |
321 |
470-601 |
|
Education |
|
$ |
1,422,580 |
|
$ |
1,465,399 |
321 |
470-603 |
|
Juvenile Justice Prevention |
|
$ |
1,981,169 |
|
$ |
2,006,505 |
321 |
470-606 |
|
Nutrition |
|
$ |
2,471,550 |
|
$ |
2,470,655 |
321 |
470-614 |
|
Title IV-E Reimbursements |
|
$ |
4,960,589 |
|
$ |
6,012,361 |
321 |
470-617 |
|
Americorps Programs |
|
$ |
456,000 |
|
$ |
463,700 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
17,734,141 |
|
$ |
17,447,178 |
State Special Revenue Fund Group
147 |
470-612 |
|
Vocational Education |
|
$ |
1,937,784 |
|
$ |
2,009,866 |
4W3 |
470-618 |
|
Help Me Grow |
|
$ |
11,000 |
|
$ |
11,000 |
5BH |
470-628 |
|
Partnerships for Success |
|
$ |
1,500,000 |
|
$ |
1,500,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
3,448,784 |
|
$ |
3,520,866 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
276,336,857 |
|
$ |
283,188,131 |
Of the foregoing appropriation item 470-401, RECLAIM Ohio, $25,000 in each fiscal year shall be distributed directly to the Lighthouse Youth Services Wrap-Around Program.
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, 2005, to June
30,
2007, under the primary leases and agreements for
facilities made under Chapter 152. of the Revised Code, but limited to the aggregate amount of $42,150,200. 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 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 may be used
for
capital expenses related to the education program.
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.
In fiscal year 2006, the The foregoing appropriation item 470-628, Partnerships for Success, shall be used to support the Partnerships for Success Project. On or before January 1, 2007 2008, the Director of Budget and Management shall transfer any amount of cash that remains unspent in the Partnerships for Success Fund (Fund 5BH) to the Children's Trust Fund (Fund 198).
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.
Sec. 557.12. ADJUSTMENT TO LOCAL GOVERNMENT DISTRIBUTIONS
(A) On or before the seventh day of each month of the period July 2005 through June 2007, 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, under divisions (B) to (G) of this section.
(B) Notwithstanding sections 5727.45, 5727.84, 5733.12, 5739.21, 5741.03, and 5747.03 of the Revised Code to the contrary, for each month in the period July 1, 2005, through June 30, 2007, from the utility excise, kilowatt-hour, corporation franchise, sales and use, and personal income taxes collected:
(1) An amount shall first be credited to the Local Government Fund equal to the amount credited to that fund from that tax according to the schedule in divisions (C), (D), (E), and (F) of this section;
(2) An amount shall next be credited to the Local Government Revenue Assistance Fund equal to the amount credited to that fund from that tax according to the schedule in divisions (C), (D), (E), and (F) of this section;
(3) An amount shall next be credited to the Library and Local Government Support Fund equal to the amount credited to that fund from that tax according to the schedule in division (G) of this section.
To the extent the amounts credited under divisions (B) through to (G) of this section exceed the amounts that otherwise would have been credited under sections 5727.45, 5727.84, 5733.12, 5739.21, 5741.03, and 5747.03 of the Revised Code, the amounts credited to the general revenue fund General Revenue Fund shall be reduced. To the extent the amounts credited under divisions (B) through to (G) of this section are less than the amounts that otherwise would have been credited under sections 5727.45, 5727.84, 5733.12, 5739.21, 5741.03, and 5747.03 of the Revised Code, the amounts credited to the general revenue fund General Revenue Fund shall be increased. After the appropriate amounts are credited to funds under division (B) of this section, additional adjustments may be required in June 2006 and June 2007 pursuant to division (I) of this section.
(C) Pursuant to divisions (B)(1) and (2) of this section, the amounts shall be credited from the corporation franchise, sales and use, and personal income taxes to each respective fund as follows:
(1) In July 2005, one hundred per cent of the amount credited in July 2004; in July 2006, one hundred per cent of the amount credited in July 2005;
(2) In August 2005, one hundred per cent of the amount credited in August 2004; in August 2006, one hundred per cent of the amount credited in August 2005;
(3) In September 2005, one hundred per cent of the amount credited in September 2004; in September 2006, one hundred per cent of the amount credited in September 2005;
(4) In October 2005, one hundred per cent of the amount credited in October 2004; in October 2006, one hundred per cent of the amount credited in October 2005;
(5) In November 2005, one hundred per cent of the amount credited in November 2004; in November 2006, one hundred per cent of the amount credited in November 2005;
(6) In December 2005, one hundred per cent of the amount credited in December 2004; in December 2006, one hundred per cent of the amount credited in December 2005;
(7) In January 2006, one hundred per cent of the amount credited in January 2005; in January 2007, one hundred per cent of the amount credited in January 2006;
(8) In February 2006, one hundred per cent of the amount credited in February 2005; in February 2007, one hundred per cent of the amount credited in February 2006;
(9) In March 2006, one hundred per cent of the amount credited in March 2005; in March 2007, one hundred per cent of the amount credited in March 2006;
(10) In April 2006, one hundred per cent of the amount credited in April 2005; in April 2007, one hundred per cent of the amount credited in April 2006;
(11) In May 2006, one hundred per cent of the amount credited in May 2005; in May 2007, one hundred per cent of the amount credited in May 2006;
(12) In June 2006, one hundred per cent of the amount credited in June 2005; in June 2007, one hundred per cent of the amount credited in June 2006.
(D) Pursuant to divisions (B)(1) and (2) of this section, from the public utility excise tax, amounts shall be credited to the Local Government Fund and the Local Government Revenue Assistance Fund as follows:
(1) In July 2005 and July 2006, no amount shall be credited to the Local Government Fund and no amount shall be credited to the Local Government Revenue Assistance Fund;
(2) In August 2005 and August 2006, no amount shall be credited to the Local Government Fund or to the Local Government Revenue Assistance Fund;
(3) In September 2005 and September 2006, no amount shall be credited to the Local Government Fund or to the Local Government Revenue Assistance Fund;
(4) In October 2005 and October 2006, thirty per cent of $7,870,426.16 shall be credited to the Local Government Fund and thirty per cent of $1,124,346.59 shall be credited to the Local Government Revenue Assistance Fund;
(5) In November 2005 and November 2006, thirty per cent of $1,045,731.11 shall be credited to the Local Government Fund and thirty per cent of $149,390.15 shall be credited to the Local Government Revenue Assistance Fund;
(6) In December 2005 and December 2006, thirty per cent of $1,210,041.67 shall be credited to the Local Government Fund and thirty per cent of $172,863.13 shall be credited to the Local Government Revenue Assistance Fund;
(7) In January 2006 and January 2007, no amount shall be credited to the Local Government Fund or to the Local Government Revenue Assistance Fund;
(8) In February 2006 and February 2007, thirty per cent of $1,515,069.22 shall be credited to the Local Government Fund and thirty per cent of $216,438.43 shall be credited to the Local Government Revenue Assistance Fund;
(9) In March 2006 and March 2007, thirty per cent of $7,859,958.57 shall be credited to the Local Government Fund and thirty per cent of $1,122,851.24 shall be credited to the Local Government Revenue Assistance Fund;
(10) In April 2006 and April 2007, no amount shall be credited to the Local Government Fund or to the Local Government Revenue Assistance Fund;
(11) In May 2006 and May 2007, thirty per cent of $3,300,718.22 shall be credited to the Local Government Fund and thirty per cent of $471,531.17 shall be credited to the Local Government Revenue Assistance Fund;
(12) In June 2006 and June 2007, thirty per cent of $9,344,500.89 shall be credited to the Local Government Fund and thirty per cent of $1,334,928.70 shall be credited to the Local Government Revenue Assistance Fund.
(E) Pursuant to divisions (B)(1) and (2) of this section, from the kilowatt-hour tax, amounts shall be credited to the Local Government Fund and the Local Government Revenue Assistance Fund as follows:
(1) In July 2005 and July 2006, no amount shall be credited to the Local Government Fund and no amount shall be credited to the Local Government Revenue Assistance Fund;
(2) In August 2005 and August 2006, no amount shall be credited to the Local Government Fund or to the Local Government Revenue Assistance Fund;
(3) In September 2005, and September 2006, no amount shall be credited to the Local Government Fund or to the Local Government Revenue Assistance Fund;
(4) In October 2005 and October 2006, seventy per cent of $7,870,426.16 shall be credited to the Local Government Fund and seventy per cent of $1,124,346.59 shall be credited to the Local Government Revenue Assistance Fund;
(5) In November 2005 and November 2006, seventy per cent of $1,045,731.11 shall be credited to the Local Government Fund and seventy per cent of $149,390.15 shall be credited to the Local Government Revenue Assistance Fund;
(6) In December 2005 and December 2006, seventy per cent of $1,210,041.67 shall be credited to the Local Government Fund and seventy per cent of $172,863.13 shall be credited to the Local Government Revenue Assistance Fund;
(7) In January 2006 and January 2007, no amount shall be credited to the Local Government Fund or to the Local Government Revenue Assistance Fund;
(8) In February 2006 and February 2007, seventy per cent of $1,515,069.22 shall be credited to the Local Government Fund and seventy per cent of $216,438.43 shall be credited to the Local Government Revenue Assistance Fund;
(9) In March 2006 and March 2007, seventy per cent of $7,859,958.57 shall be credited to the Local Government Fund and seventy per cent of $1,122,851.24 shall be credited to the Local Government Revenue Assistance Fund;
(10) In April 2006 and April 2007, no amount shall be credited to the Local Government Fund or to the Local Government Revenue Assistance Fund;
(11) In May 2006 and May 2007, seventy per cent of $3,300,718.22 shall be credited to the Local Government Fund and seventy per cent of $471,531.17 shall be credited to the Local Government Revenue Assistance Fund;
(12) In June 2006 and June 2007, seventy per cent of $9,344,500.89 shall be credited to the Local Government Fund and seventy per cent of $1,334,928.70 shall be credited to the Local Government Revenue Assistance Fund.
(F) Notwithstanding the amounts required to be credited pursuant to division (C) of this section, the amount credited in June 2006 and June 2007 to the Local Government Fund and the Local Government Revenue Assistance Fund from the personal income tax shall be net of a reduction that may be required by division (I) of this section.
(G) Pursuant to division (B)(3) of this section, amounts shall be credited from the personal income tax to the Library and Local Government Support Fund as follows:
(1) In July 2005, one hundred per cent of the amount credited in July 2004; in July 2006, one hundred per cent of the amount credited in July 2005;
(2) In August 2005, one hundred per cent of the amount credited in August 2004; in August 2006, one hundred per cent of the amount credited in August 2005;
(3) In September 2005, one hundred per cent of the amount credited in September 2004; in September 2006, one hundred per cent of the amount credited in September 2005;
(4) In October 2005, one hundred per cent of the amount credited in October 2004; in October 2006, one hundred per cent of the amount credited in October 2005;
(5) In November 2005, one hundred per cent of the amount credited in November 2004; in November 2006, one hundred per cent of the amount credited in November 2005;
(6) In December 2005, one hundred per cent of the amount credited in December 2004; in December 2006, one hundred per cent of the amount credited in December 2005;
(7) In January 2006, one hundred per cent of the amount credited in January 2005; in January 2007, one hundred per cent of the amount credited in January 2006;
(8) In February 2006, one hundred per cent of the amount credited in February 2005; in February 2007, one hundred per cent of the amount credited in February 2006;
(9) In March 2006, one hundred per cent of the amount credited in March 2005; in March 2007, one hundred per cent of the amount credited in March 2006;
(10) In April 2006, one hundred per cent of the amount credited in April 2005; in April 2007, one hundred per cent of the amount credited in April 2006;
(11) In May 2006, one hundred per cent of the amount credited in May 2005; in May 2007, one hundred per cent of the amount credited in May 2006;
(12) In June 2006, one hundred per cent of the amount credited in June 2005, less any reduction that may be required by division (I) of this section; in June 2007, one hundred per cent of the amount credited in June 2006, less any reduction that may be required by division (I) of this section.
(H) The total amount credited to the Local Government Fund, the Local Government Revenue Assistance Fund, and the Library and Local Government Support Fund in each month during the period July 2005 through June 2007 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 August 1, 2004, through July 31, 2005.
(2) Each municipal corporation 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 August 1, 2004, through July 31, 2005.
(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 August 1, 2004, through July 31, 2005.
(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 August 1, 2004, through July 31, 2005.
(I) The Tax Commissioner shall do each of the following:
(1) By June 7, 2006, the Commissioner shall subtract the amount calculated in division (I)(1)(b) of this section from the amount calculated in division (I)(1)(a) of this section. If the amount in division (I)(1)(a) of this section is greater than the amount in division (I)(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 2006. 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 (I)(1)(a) of this section exceeds the amount in division (I)(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 2005 through May 2006. The sum computed in division (I)(1)(a) of this section shall exclude any dealer in intangibles tax revenues credited to the Local Government Fund.
(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 2005 through May 2006, 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, 2007, the Commissioner shall subtract the amount calculated in division (I)(2)(b) of this section from the amount calculated in division (I)(2)(a) of this section. If the amount in division (I)(2)(a) of this section is greater than the amount in division (I)(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 2007. 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 (I)(2)(a) of this section exceeds the amount in division (I)(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 2006 through May 2007. The sum computed in division (I)(2)(a) of this section shall exclude any dealer in intangibles tax revenues credited to the Local Government Fund and shall be prior to any reduction required by division (I)(1) of this section.
(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 2006 through May 2007, 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 2006 or June 2007 of the period July 1, 2005, through July 31, 2007, 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 (I)(1) and (2) of this section. If the respective calculations made in June 2006 and June 2007 pursuant to divisions (I)(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.
(J) For the 2005, 2006, and 2007 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 2005, July 2006, and July 2007 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. At the discretion of the Tax Commissioner, the Tax Commissioner may report to each county auditor additional revised estimates of the 2005, 2006, or 2007 distributions at any time during the period July 1, 2005, through July 31, 2007.
(K) During the period July 1, 2005, through July 31, 2007, the Director of Budget and Management shall issue such 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.
(L) No subdivision shall receive a proportionate share from the county undivided local government fund or county undivided local government revenue assistance fund during the period July 1, 2005, through June 30, 2007, that is less than the proportionate share the subdivision received from that fund during the period July 1, 2004, through June 30, 2005, unless the subdivision consents to receive the lesser proportionate share. Division (L) of this section does not apply to a decrease in the proportionate share of a county as a subdivision under division (H) of section 5747.51, division (E) of section 5747.53, division (H) of section 5747.62, or division (E) of section 5747.63 of the Revised Code.
Sec. 612.36.03. (A) Except as otherwise provided in division divisions (B)(1) and (2) of this section, the amendments to section 3301.0711 of the Revised Code by Am. Sub. H.B. 66 of the 126th General Assembly are not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, the amendments go into immediate effect when H.B. 530 of the 126th General Assembly becomes law.
(B)(1) The amendments to division (G) of section 3301.0711 of the Revised Code by Am. Sub. H.B. 66 of the 126th General Assembly are subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1c and section 1.471 of the Revised Code, the amendments take effect July 1, 2006. If, however, a referendum petition is filed against the amendments, the amendments, unless rejected at the referendum, take effect at the earliest time permitted by law that is on or after the effective date specified in this division.
(B)(2) The amendments to division (N) of section 3301.0711 of the Revised Code by Am. Sub. H.B. 66 of the 126th General Assembly are not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, the amendments go into immediate effect.
Section 606.18. That existing Sections 203.09, 203.12, 203.12.12, 203.45, 203.51, 203.54, 203.66, 203.69, 203.84, 203.87, 203.99.01, 203.99.30, 203.99.48, 206.03, 206.09, 206.09.12, 206.09.15, 206.09.21, 206.09.27, 206.09.36, 206.09.39, 206.09.42, 206.09.61, 206.09.63, 206.09.66, 206.09.84, 206.16, 206.42, 206.42.09, 206.48, 206.66, 206.66.22, 206.66.23, 206.66.36, 206.66.64, 206.66.66, 206.66.84, 206.66.85, 206.66.91, 206.67.15, 206.67.21, 206.99, 209.04, 209.06.06, 209.06.09, 209.09.06, 209.09.18, 209.15, 209.18, 209.18.09, 209.24, 209.30, 209.33, 209.36, 209.45, 209.63, 209.63.42, 209.64.60, 209.72, 209.75, 209.78.03, 209.81, 209.90.06, 212.03, 212.24, 212.27, 212.30, 212.33, 557.12, and 612.36.03 of Am. Sub. H.B. 66 of the 126th General Assembly are hereby repealed.
Section 606.18.03. COMPENSATION FOR NURSING FACILITY AND ICF/MR CAPITAL COSTS
The appropriation item 600-529, Capital Compensation Program, shall be used to make payments to nursing facilities and intermediate care facilities for the mentally retarded under Section 606.18.06 of this act.
The unencumbered balance of appropriation item 600-529, Capital Compensation Program, at the end of fiscal year 2006 is hereby appropriated to fiscal year 2007 for use under the same appropriation item.
Section 606.18.06. FISCAL YEARS 2006 AND 2007 PAYMENTS TO CERTAIN NURSING FACILITIES AND ICFs/MR
(A) As used in this section:
"Capital costs," "cost of ownership," and "renovation" have the same meanings as in section 5111.20 of the Revised Code as that section existed on June 30, 2005.
"Change of operator" has the same meaning as in section 5111.65 of the Revised Code.
"ICF/MR" means an intermediate care facility for the mentally retarded.
"Inpatient days," "intermediate care facility for the mentally retarded," "Medicaid days," and "nursing facility" have the same meanings as in section 5111.20 of the Revised Code.
"Reviewable activity" has the same meaning as in section 3702.51 of the Revised Code.
(B) The following qualify for per diem payments under this section:
(1) A nursing facility to which both of the following apply:
(a) Both of the following occurred during fiscal year 2006 or 2007:
(i) The facility obtained certification as a nursing facility from the Director of Health.
(ii) The facility began participating in the Medicaid program.
(b) An application for a certificate of need for the nursing facility was filed with the Director of Health before June 15, 2005.
(2) An ICF/MR to which both of the following apply:
(a) Both of the following occurred during fiscal year 2006 or 2007:
(i) The facility obtained certification as an intermediate care facility for the mentally retarded from the Director of Health.
(ii) The facility began participating in the Medicaid program.
(b) At least one of the following occurred before June 30, 2005:
(i) Any materials or equipment for the facility were delivered.
(ii) Preparations for the physical site of the facility, including, if applicable, excavation, began.
(iii) Actual work on the facility began.
(3) A nursing facility to which all of the following apply:
(a) The nursing facility does not qualify for a payment pursuant to division (B)(1) of this section.
(b) The nursing facility, before June 30, 2007, completes a capital project for which a certificate of need was filed with the Director of Health before June 15, 2005, and for which at least one of the following occurred before July 1, 2005, or, if the capital project is undertaken to comply with rules adopted by the Public Health Council regarding resident room size or occupancy, before June 30, 2007:
(i) Any materials or equipment for the capital project were delivered;
(ii) Preparations for the physical site of the capital project, including, if applicable, excavation, began;
(iii) Actual work on the capital project began.
(c) The costs of the capital project are not fully reflected in the capital costs portion of the nursing facility's Medicaid reimbursement per diem rate on June 30, 2005.
(d) The nursing facility files a three-month projected capital cost report with the Director of Job and Family Services not later than sixty days after the later of the effective date of this section or the date the capital project is completed.
(4) An ICF/MR to which all of the following apply:
(a) The ICF/MR does not qualify for a payment pursuant to division (B)(2) of this section.
(b) The ICF/MR, before June 30, 2007, completes a capital project for which at least one of the following occurred before July 1, 2005:
(i) Any materials or equipment for the capital project were delivered.
(ii) Preparations for the physical site of the capital project, including, if applicable, excavation, began.
(iii) Actual work on the capital project began.
(c) The costs of the capital project are not fully reflected in the capital costs portion of the ICF/MR's Medicaid reimbursement per diem rate on June 30, 2005.
(d) The ICF/MR files a three-month projected capital cost report with the Director of Job and Family Services not later than sixty days after the later of the effective date of this section or the date the capital project is completed.
(5) A nursing facility that, before June 30, 2007, completes an activity to which all of the following apply:
(a) A request was filed with the Director of Health before July 1, 2005, for a determination of whether the activity is a reviewable activity and the Director determined that the activity is not a reviewable activity.
(b) At least one of the following occurred before July 1, 2005, or, if the nursing facility undertakes the activity to comply with rules adopted by the Public Health Council regarding resident room size or occupancy, before June 30, 2007:
(i) Any materials or equipment for the activity were delivered.
(ii) Preparations for the physical site of the activity, including, if applicable, excavation, began.
(iii) Actual work on the activity began.
(c) The costs of the activity are not fully reflected in the capital costs portion of the nursing facility's Medicaid reimbursement per diem rate on June 30, 2005.
(d) The nursing facility files a three-month projected capital cost report with the Director of Job and Family Services not later than sixty days after the later of the effective date of this section or the date the activity is completed.
(6) A nursing facility or ICF/MR that, before June 30, 2007, completes a renovation to which all of the following apply:
(a) The Director of Job and Family Services approved the renovation before July 1, 2005.
(b) At least one of the following occurred before July 1, 2005, or, if the facility undertakes the renovation to comply with rules adopted by the Public Health Council regarding resident room size or occupancy, before June 30, 2007:
(i) Any materials or equipment for the renovation were delivered.
(ii) Preparations for the physical site of the renovation, including, if applicable, excavation, began.
(iii) Actual work on the renovation began.
(c) The costs of the renovation are not fully reflected in the capital costs portion of the facility's Medicaid reimbursement per diem rate on June 30, 2005.
(d) The facility files a three-month projected capital cost report with the Director of Job and Family Services not later than sixty days after the later of the effective date of this section or the date the renovation is completed.
(C) If a nursing facility qualifies for per diem payments pursuant to division (B)(1) of this section for fiscal year 2006, the nursing facility's per diem payments under this section for fiscal year 2006 shall equal the difference between the capital costs portion of nursing facility's Medicaid reimbursement per diem rate determined under Section 206.66.22 of Am. Sub. H.B. 66 of the 126th General Assembly, as amended by this act, and the lesser of the following:
(1) Eighty-eight and sixty-five hundredths per cent of the nursing facility's cost of ownership as reported on a three-month projected capital cost report divided by the greater of the number of inpatient days the nursing facility is expected to have during the period covered by the projected capital cost report or the number of inpatient days the nursing facility would have during that period if the nursing facility's occupancy rate was eighty per cent.
(2) The maximum capital per diem rate in effect for fiscal year 2005 for nursing facilities.
(D) If a nursing facility qualifies for per diem payments pursuant to division (B)(1) of this section for fiscal year 2007, the nursing facility's per diem payments under this section for fiscal year 2007 shall equal the difference between the capital costs portion of the nursing facility's Medicaid reimbursement per diem rate determined under Section 206.66.23 of Am. Sub. H.B. 66 of the 126th General Assembly, as amended by this act, and the lesser of the following:
(1) Eighty-eight and sixty-five hundredths per cent of the nursing facility's cost of ownership as reported on a three-month projected capital cost report divided by the greater of the number of inpatient days the nursing facility is expected to have during the period covered by the projected capital cost report or the number of inpatient days the nursing facility would have during that period if the nursing facility's occupancy rate was eighty per cent.
(2) The maximum capital per diem rate in effect for fiscal year 2005 for nursing facilities.
(E) If an ICF/MR qualifies for per diem payments pursuant to division (B)(2) of this section, the ICF/MR's per diem payments under this section shall equal the difference between the capital costs portion of the ICF/MR's Medicaid reimbursement per diem rate determined under Section 206.66.25 of Am. Sub. H.B. 66 of the 126th General Assembly and the lesser of the following:
(1) The ICF/MR's cost of ownership as reported on a three-month projected capital cost report divided by the greater of the number of inpatient days the ICF/MR is expected to have during the period covered by the projected capital cost report or the number of inpatient days the ICF/MR would have during that period if the ICF/MR's occupancy rate was eighty per cent.
(2) The maximum capital per diem rate in effect for fiscal year 2005 for ICFs/MR.
(F) The per diem payments paid for fiscal year 2006 to a nursing facility that qualifies for the payments pursuant to division (B)(3) or (5) of this section shall equal the difference between the capital costs portion of the nursing facility's Medicaid reimbursement per diem rate determined under Section 206.66.22 of Am. Sub. H.B. 66 of the 126th General Assembly, as amended by this act, and the lesser of the following:
(1) Eighty-eight and sixty-five hundredths per cent of the nursing facility's cost of ownership as reported on a three-month projected capital cost report divided by the greater of the number of inpatient days the nursing facility is expected to have during the period covered by the projected capital cost report or the number of inpatient days the nursing facility would have during that period if the nursing facility's occupancy rate was ninety-five per cent.
(2) The maximum capital per diem rate in effect for fiscal year 2005 for nursing facilities.
(G) The per diem payments paid for fiscal year 2007 to a nursing facility that qualifies for the payments pursuant to division (B)(3) or (5) of this section shall equal the difference between the capital costs portion of the nursing facility's Medicaid reimbursement per diem rate determined under Section 206.66.23 of Am. Sub. H.B. 66 of the 126th General Assembly, as amended by this act, and the lesser of the following:
(1) Eighty-eight and sixty-five hundredths per cent of the nursing facility's cost of ownership as reported on a three-month projected capital cost report divided by the greater of the number of inpatient days the nursing facility is expected to have during the period covered by the projected capital cost report or the number of inpatient days the nursing facility would have during that period if the nursing facility's occupancy rate was ninety-five per cent.
(2) The maximum capital per diem rate in effect for fiscal year 2005 for nursing facilities.
(H) The per diem payments paid to an ICF/MR that qualifies for the payments pursuant to division (B)(4) of this section shall equal the difference between the capital costs portion of the ICF/MR's Medicaid reimbursement per diem rate determined under Section 206.66.25 of Am. Sub. H.B. 66 of the 126th General Assembly and the lesser of the following:
(1) The ICF/MR's cost of ownership as reported on a three-month projected capital cost report divided by the greater of the number of inpatient days the ICF/MR is expected to have during the period covered by the projected capital cost report or the number of inpatient days the ICF/MR would have during that period if the ICF/MR's occupancy rate was ninety-five per cent.
(2) The maximum capital per diem rate in effect for fiscal year 2005 for ICFs/MR.
(I) The per diem payments paid to a nursing facility that qualifies for the payments pursuant to division (B)(6) of this section shall equal eighty-five per cent of the nursing facility's capital costs for the renovation as reported on a three-month projected capital cost report divided by the greater of the number of inpatient days the nursing facility is expected to have during the period covered by the projected capital cost report or the number of inpatient days the nursing facility would have during that period if the nursing facility's occupancy rate was ninety-five per cent.
(J) The per diem payments paid to an ICF/MR that qualifies for the payments pursuant to division (B)(6) of this section shall equal the ICF/MR's capital costs for the renovation as reported on a three-month projected capital cost report divided by the greater of the number of inpatient days the ICF/MR is expected to have during the period covered by the projected capital cost report or the number of inpatient days the ICF/MR would have during that period if the ICF/MR's occupancy rate was ninety-five per cent.
(K) All of the following apply to the per diem payments made under this section:
(1) No nursing facility or ICF/MR shall qualify for the payments before the following:
(a) In the case of a nursing facility or ICF/MR that qualifies for the payments pursuant to division (B)(1) or (2) of this section, the later of January 1, 2006, or the date the nursing facility or ICF/MR begins to participate in the Medicaid program;
(b) In the case of a nursing facility or ICF/MR that qualifies for the payments pursuant to division (B)(3), (4), (5), or (6) of this section, the later of January 1, 2006, or the date the capital project, activity, or renovation is placed into service.
(2) All nursing facilities and ICFs/MR's eligibility for the payments shall cease at the earlier of the following:
(b) The date that the total amount of the payments equals ten million dollars.
(3) The payments made for the last quarter that the payments are made may be reduced proportionately as necessary to avoid spending more than ten million dollars under this section.
(4) The per diem payments shall be made for quarterly periods by multiplying the per diem determined for a nursing facility or ICF/MR by the number of Medicaid days the facility has for the quarter the payment is made.
(5) Any per diem payments to be made to a nursing facility or ICF/MR for a quarter ending before July 2006 shall be made not later than September 30, 2006.
(6) Any per diem payments to be made to a nursing facility or ICF/MR for a quarter beginning after June 2006 shall be made not later than three months after the last day of the quarter for which the payments are made.
(7) A change of operator shall not cause the payments to a nursing facility or ICF/MR to cease.
(8) The payments shall only be made to a nursing facility or ICF/MR for the quarters during fiscal years 2006 and 2007 for which the facility has a valid Medicaid provider agreement.
(9) The payments shall be in addition to a nursing facility or ICF/MR's Medicaid reimbursement per diem rate calculated under Section 206.66.22, 206.66.23, or 206.66.25 of Am. Sub. H.B. 66 of the 126th General Assembly, as, in the case of Sections 206.66.22 and 206.66.23, amended by this act.
(L) The Director of Job and Family Services shall monitor, on a quarterly basis, the per diem payments made to nursing facilities and ICFs/MR under this section to ensure that no more than a total of ten million dollars is spent under this section.
(M) The determinations that the Director of Job and Family Services makes under this section are not subject to appeal under Chapter 119. of the Revised Code.
(N)
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. The Director's failure to adopt the rules does not affect the requirement that the per diem payments be made under this section.
Section 606.18.09. BCMH – MEDICARE PART D COPAYMENTS
(A) As used in this section:
(1) "Approved drug" means a drug approved by the Department of Health for the program for medically handicapped children or program for adults with cystic fibrosis that is a covered part D drug on the formulary of a participant's plan.
(2) "Copayment" means a dollar amount charged for, or a percentage of the total price of, an approved drug prescribed for a participant that meets all of the following criteria:
(a) Is assessed by the participant's plan either at the time the prescription for the drug is presented or the drug is dispensed;
(b) Is not otherwise covered by the participant's plan or any other third party benefits, including any benefits provided by a government entity;
(c) Is not a premium or deductible.
(3) "Covered part D drug" has the same meaning as in section 101(e) of the "Medicare Prescription Drug, Improvement, and Modernization Act of 2003," Pub. L. No. 108-173, 117 Stat. 2066, as amended.
(4) "Participant" means an individual enrolled in the program for medically handicapped children or the program for adults with cystic fibrosis.
(5) "Pharmacist" means a person licensed under Chapter 4729. of the Revised Code to engage in the practice of pharmacy.
(6) "Pharmacy" has the same meaning as in section 4729.01 of the Revised Code.
(7) "Pharmacy provider" means a pharmacist or pharmacy that has entered into a provider agreement with the Department of Health for purposes of the program for medically handicapped children or the program for adults with cystic fibrosis.
(8) "Plan" means a health plan providing qualified prescription drug coverage under the "Medicare Prescription Drug, Improvement, and Modernization Act of 2003," Pub. L. No. 108-173, 117 Stat. 2066, as amended.
(9) "Program for medically handicapped children" and "program for adults with cystic fibrosis" mean the programs established under section 3701.023 of the Revised Code.
(B) For fiscal year 2007 only, the Department of Health shall pay a pharmacy provider for a copayment.
(C) The Public Health Council may adopt rules as necessary to implement this section. The rules may be initially adopted as emergency rules.
Section 606.23. That Sections 19.01, 20.01, 22.04, 23.12, and 23.45 of Am. Sub. H.B. 16 of the 126th General Assembly, as amended by Am. Sub. H.B. 66 of the 126th General Assembly, be amended to read as follows:
Sec. 19.01. All items set forth in this section are hereby
appropriated out of any moneys in the state treasury to the credit
of the Cultural and Sports Facilities Building Fund (Fund 030) that are not
otherwise appropriated.
AFC CULTURAL FACILITIES COMMISSION
CAP-010 |
|
Sandusky State Theatre Improvements |
|
$ |
325,000 |
CAP-013 |
|
Stambaugh Hall Improvements |
|
$ |
250,000 |
CAP-033 |
|
Woodward Opera House Renovation |
|
$ |
100,000 |
CAP-038 |
|
Center Exhibit Replacement |
|
$ |
816,000 |
CAP-043 |
|
Statewide Site Repairs |
|
$ |
100,000 |
CAP-044 |
|
National Underground Railroad Freedom Center |
|
$ |
4,150,000 |
CAP-046 |
|
Cincinnati Museum Center Improvements |
|
$ |
250,000 |
CAP-052 |
|
Akron Art Museum |
|
$ |
1,012,500 |
CAP-053 |
|
Powers Auditorium Improvements - Eleanor Beecher Flad Pavilion |
|
$ |
250,000 |
CAP-065 |
|
Beck Center for the Cultural Arts |
|
$ |
100,000 |
CAP-069 |
|
Cleveland Institute of Art |
|
$ |
250,000 |
CAP-071 |
|
Cleveland Institute of Music |
|
$ |
750,000 |
CAP-073 |
|
Marina District/Ice Arena Development |
|
$ |
3,500,000 |
CAP-074 |
|
Stan Hywet Hall & Gardens - West Vista Restoration |
|
$ |
750,000 |
CAP-745 |
|
Emergency Repairs |
|
$ |
838,560 |
CAP-769 |
|
Rankin House State Memorial |
|
$ |
192,000 |
CAP-781 |
|
Archives and Library Automation |
|
$ |
624,000 |
CAP-784 |
|
Center Rehabilitation |
|
$ |
960,000 |
CAP-806 |
|
Grant Boyhood Home Improvements |
|
$ |
480,000 |
CAP-812 |
|
Schuster Arts Center |
|
$ |
5,500,000 |
CAP-823 |
|
Marion Palace Theatre |
|
$ |
750,000 |
CAP-826 |
|
Renaissance Theatre |
|
$ |
750,000 |
CAP-834 |
|
Galion Historic Big Four Depot Restoration |
|
$ |
170,000 |
CAP-835 |
|
Jamestown Opera House |
|
$ |
125,000 |
CAP-844 |
|
Charles A. Eulett Education Center/Edge of Appalachia Museum Center |
|
$ |
1,850,000 |
CAP-845 |
|
Lima Historic Athletic Field |
|
$ |
100,000 |
CAP-846 |
|
Butler Palace Theatre |
|
$ |
200,000 |
CAP-847 |
|
Voice of America Museum |
|
$ |
275,000 |
CAP-848 |
|
Oxford Arts Center ADA Project |
|
$ |
72,000 |
CAP-849 |
|
Clark County Community Arts
Expansion Project |
|
$ |
500,000 |
CAP-850 |
|
Westcott House Historic Site |
|
$ |
75,000 |
CAP-851 |
|
General Lytle Homestead - Harmony Hill |
|
$ |
50,000 |
CAP-852 |
|
Miami Township Community Amphitheatre |
|
$ |
50,000 |
CAP-853 |
|
Western Reserve Historical Society |
|
$ |
1,000,000 |
CAP-854 |
|
Steamship Mather Museum |
|
$ |
100,000 |
CAP-855 |
|
Rock and Roll Hall of Fame |
|
$ |
250,000 |
CAP-856 |
|
Friendly Inn Settlement House Historic Site |
|
$ |
250,000 |
CAP-857 |
|
Merrick House Historic Site |
|
$ |
250,000 |
CAP-858 |
|
Strongsville Historic Building |
|
$ |
100,000 |
CAP-859 |
|
Arts Castle |
|
$ |
100,000 |
CAP-860 |
|
Great Lakes Historical Society |
|
$ |
325,000 |
CAP-861 |
|
Ohio Glass Museum |
|
$ |
250,000 |
CAP-862 |
|
Goll Wood Homestead |
|
$ |
50,000 |
CAP-863 |
|
Ariel Theatre |
|
$ |
100,000 |
CAP-864 |
|
Bellbrook/Sugarcreek Historical Society |
|
$ |
10,000 |
CAP-866 |
|
Sports Facilities Improvements - Cincinnati |
|
$ |
4,350,000 |
CAP-867 |
|
Ensemble Theatre |
|
$ |
450,000 |
CAP-868 |
|
Taft Museum |
|
$ |
500,000 |
CAP-869 |
|
Art Academy of Cincinnati |
|
$ |
100,000 |
CAP-870 |
|
Riverbend Pavilion Improvements |
|
$ |
250,000 |
CAP-871 |
|
Cincinnati Art & Technology Academy
- Longworth Hall |
|
$ |
100,000 |
CAP-872 |
|
Music Hall: Over-The-Rhine |
|
$ |
750,000 |
CAP-873 |
|
John Bloomfield
Home Restoration |
|
$ |
115,000 |
CAP-874 |
|
Malinta Historical Society Caboose Exhibit |
|
$ |
6,000 |
CAP-875 |
|
Hocking County Historical Society - Schempp House |
|
$ |
10,000 |
CAP-876 |
|
Art Deco Markay Theater |
|
$ |
200,000 |
CAP-877 |
|
Harvey Wells House |
|
$ |
100,000 |
CAP-878 |
|
Bryn Du |
|
$ |
250,000 |
CAP-879 |
|
Broad Street Historical Renovation |
|
$ |
300,000 |
CAP-880 |
|
Amherst Historical Society |
|
$ |
35,000 |
CAP-881 |
|
COSI - Toledo |
|
$ |
1,900,000 |
CAP-882 |
|
Ohio Theatre - Toledo |
|
$ |
100,000 |
CAP-883 |
|
Chester Academy Historic Site Renovations |
|
$ |
25,000 |
CAP-884 |
|
Bradford Ohio Railroad Museum |
|
$ |
100,000 |
CAP-885 |
|
Montgomery County Historical Society Archives |
|
$ |
100,000 |
CAP-886 |
|
Nelson T. Gant Historic Homestead |
|
$ |
25,000 |
CAP-887 |
|
Aurora Outdoor Sports Complex |
|
$ |
50,000 |
CAP-888 |
|
Preble County Historical Society |
|
$ |
100,000 |
CAP-889 |
|
Tecumseh Sugarloaf Mountain Amphitheatre |
|
$ |
120,000 |
CAP-890 |
|
Pro Football Hall of Fame |
|
$ |
400,000 |
CAP-891 |
|
MAPS Air Museum |
|
$ |
15,000 |
CAP-892 |
|
Foundation Community Theatre |
|
$ |
50,000 |
CAP-893 |
|
William McKinley Library Restoration |
|
$ |
250,000 |
CAP-894 |
|
Hale Farm & Village |
|
$ |
250,000 |
CAP-896 |
|
Richard Howe House |
|
$ |
100,000 |
CAP-897 |
|
Ward-Thomas Museum |
|
$ |
30,000 |
CAP-898 |
|
Packard Music Hall Renovation Project |
|
$ |
100,000 1,075,000 |
CAP-899 |
|
Holland Theatre |
|
$ |
100,000 |
CAP-900 |
|
Van Wert Historical Society |
|
$ |
32,000 |
CAP-901 |
|
Warren County Historical Society |
|
$ |
225,000 |
CAP-902 |
|
Marietta Colony Theatre |
|
$ |
335,000 |
CAP-903 |
|
West Salem Village Opera House |
|
$ |
92,000 |
CAP-904 |
|
Beavercreek Community
Theater |
|
$ |
100,000 |
CAP-905 |
|
Smith Orr Homestead |
|
$ |
100,000 |
Total Cultural Facilities Commission |
|
$ |
41,165,060 41,340,060 |
TOTAL Cultural and Sports Facilities Building Fund |
|
$ |
41,165,060 41,340,060 |
Sec. 20.01. All items set forth in this section are
hereby
appropriated out of any moneys in the state treasury to the
credit
of the Ohio Parks and Natural Resources Fund (Fund 031)
that are
not otherwise appropriated.
DNR DEPARTMENT OF NATURAL RESOURCESSTATEWIDE AND LOCAL PROJECTS
CAP-012 |
|
Land Acquisition |
|
$ |
750,000 |
CAP-051 |
|
Buck Creek State Park - Camp/Dock Renovations |
|
$ |
25,000 |
CAP-060 |
|
East Fork State Park Renovation |
|
$ |
50,000 |
CAP-068 |
|
Kennedy Stone House |
|
$ |
15,000 |
CAP-080 |
|
Atwood Lake Conservancy District |
|
$ |
75,000 |
CAP-083 |
|
John Bryan State Park Shelter Construction |
|
$ |
30,000 |
CAP-084 |
|
Findley State Park General Improvements |
|
$ |
12,500 |
CAP-086 |
|
Scippo Creek Conservation |
|
$ |
75,000 |
CAP-087 |
|
Belpre City Swimming Pool |
|
$ |
125,000 |
CAP-705 |
|
Ohio-Erie Canal Tuscarawas River Logjam Removal |
|
$ |
25,000 |
CAP-748 |
|
Local Parks Projects - Statewide |
|
$ |
2,511,079 |
|
|
|
|
|
2,561,079 |
CAP-753 |
|
Project Planning |
|
$ |
1,144,316 |
CAP-881 |
|
Dam Rehabilitation |
|
$ |
5,000,000 |
CAP-931 |
|
Wastewater/Water Systems Upgrades |
|
$ |
2,900,000 |
Total Statewide and Local Projects |
|
$ |
12,737,895 12,787,895 |
Total Department of Natural Resources |
|
$ |
12,737,895 |
|
|
|
12,787,895 |
TOTAL Ohio Parks and Natural Resources Fund |
|
$ |
12,737,895 |
|
|
|
12,787,895 |
Of the foregoing appropriation item CAP-748, Local Parks Projects - Statewide, $50,000 shall be used for the Goll Wood Homestead.
Sec. 22.04. DMR DEPARTMENT OF MENTAL RETARDATION AND
DEVELOPMENTAL DISABILITIES
STATEWIDE AND CENTRAL OFFICE PROJECTS
CAP-480 |
|
Community Assistance Projects |
|
$ |
9,475,000 |
CAP-955 |
|
Statewide Development Centers |
|
$ |
3,257,257 |
Total Statewide and Central Office Projects |
|
$ |
12,732,257 |
TOTAL Department of Mental Retardation and Developmental Disabilities |
|
$ |
12,732,257 |
TOTAL MENTAL HEALTH FACILITIES IMPROVEMENT FUND |
|
$ |
22,782,257 |
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, $200,000 shall be used for the Achievement Centers for Children and $250,000 shall be used for Bellefaire Jewish Children's Bureau.
Notwithstanding any other provision of law to the contrary, of the foregoing appropriation item CAP-480, $250,000 shall be used for the Julie Billart facility and $75,000 shall be used for the Hanson Home.
Sec. 23.12. CLS CLEVELAND STATE UNIVERSITY
CAP-023 |
|
Basic Renovations |
|
$ |
3,267,875 |
CAP-084 |
|
Neighborhood Centers Renovations |
|
$ |
500,000 |
CAP-125 |
|
College of Education Building |
|
$ |
8,057,262 |
CAP-148 |
|
Cleveland Institute of Art |
|
$ |
1,000,000 |
CAP-152 |
|
Rhodes Tower-Data Center Relocation |
|
$ |
1,000,000 |
CAP-153 |
|
University Annex-Vacation and Demolition |
|
$ |
49,390 |
CAP-154 |
|
Main Classroom Stair Tower & Entry |
|
$ |
1,500,000 |
CAP-155 |
|
Cleveland Playhouse |
|
$ |
250,000 |
CAP-156 |
|
Physical Education Building Rehabilitation |
|
$ |
1,000,000 |
Total Cleveland State University |
|
$ |
15,124,527 16,624,527 |
NEIGHBORHOOD CENTERS RENOVATIONS
Of the foregoing appropriation item CAP-084, Neighborhood Centers Renovations, $250,000 shall be used for renovations to the Friendly Inn Settlement House and $250,000 shall be used for renovations to the Merrick House.
Sec. 23.45. STC STARK TECHNICAL COLLEGE
CAP-004 |
|
Basic Renovations |
|
$ |
438,295 |
CAP-035 |
|
Business Technologies Addition Rehabilitation |
|
$ |
1,378,892 |
CAP-037 |
|
Fuel Cell Initiative |
|
$ |
250,000 |
Total Stark Technical College |
|
$ |
2,067,187 |
Total Board of Regents and State |
|
|
|
Institutions of Higher Education |
|
$ |
490,956,498 492,456,498 |
TOTAL Higher Education Improvement Fund |
|
$ |
492,883,536 492,456,498 |
Section 606.24. That existing Sections 19.01, 20.01, 22.04, 23.12, and 23.45 of Am. Sub. H.B. 16 of the 126th General Assembly, as amended by Am. Sub. H.B. 66 of the 126th General Assembly, are hereby repealed.
Section 606.29. That Sections 203.06.06 and 203.06.24 of Am. Sub. H.B. 68 of the 126th General Assembly, as amended by Am. Sub. H.B. 66 of the 126th General Assembly, be amended to read as follows:
Sec. 203.06.06. ENFORCEMENT
State Highway Safety Fund Group
036 |
764-033 |
|
Minor Capital Projects |
|
$ |
1,250,000 |
|
$ |
1,250,000 |
036 |
764-321 |
|
Operating Expense - Highway Patrol |
|
$ |
229,293,561 |
|
$ |
237,364,988 |
036 |
764-605 |
|
Motor Carrier Enforcement Expenses |
|
$ |
2,643,022 |
|
$ |
2,670,911 |
5AY |
764-688 |
|
Traffic Safety Operating |
|
$ |
3,082,962 |
|
$ |
1,999,437 |
83C |
764-630 |
|
Contraband, Forfeiture, Other |
|
$ |
622,894 |
|
$ |
622,894 |
83F |
764-657 |
|
Law Enforcement Automated Data System |
|
$ |
7,324,524 |
|
$ |
7,544,260 |
83G |
764-633 |
|
OMVI Fines |
|
$ |
820,927 |
|
$ |
820,927 |
83J |
764-693 |
|
Highway Patrol Justice Contraband |
|
$ |
2,100,000 |
|
$ |
2,100,000 |
83T |
764-694 |
|
Highway Patrol Treasury Contraband |
|
$ |
21,000 |
|
$ |
21,000 |
831 |
764-610 |
|
Patrol - Federal |
|
$ |
2,430,950 |
|
$ |
2,455,484 |
831 |
764-659 |
|
Transportation Enforcement - Federal |
|
$ |
4,880,671 |
|
$ |
5,027,091 |
837 |
764-602 |
|
Turnpike Policing |
|
$ |
9,942,621 |
|
$ |
10,240,900 |
838 |
764-606 |
|
Patrol Reimbursement |
|
$ |
222,108 |
|
$ |
222,108 |
840 |
764-607 |
|
State Fair Security |
|
$ |
1,496,283 |
|
$ |
1,496,283 |
840 |
764-617 |
|
Security and Investigations |
|
$ |
8,145,192 |
|
$ |
8,145,192 |
840 |
764-626 |
|
State Fairgrounds Police Force |
|
$ |
788,375 |
|
$ |
788,375 |
841 |
764-603 |
|
Salvage and Exchange - Highway Patrol |
|
$ |
1,305,954 |
|
$ |
1,339,399 |
TOTAL HSF State Highway Safety |
|
|
|
|
|
|
Fund Group |
|
$ |
274,250,044 276,371,044 |
|
$ |
281,988,249 284,109,249 |
General Services Fund Group
4S2 |
764-660 |
|
MARCS Maintenance |
|
$ |
252,432 |
|
$ |
262,186 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
|
$ |
252,432 |
|
$ |
262,186 |
Federal Special Revenue Fund Group
3BF |
764-692 |
|
Federal Contraband, Forfeiture, and Other |
|
$ |
1,942,040 |
|
$ |
1,942,040 |
TOTAL FED Federal Special Revenue Fund Group |
|
$ |
1,942,040 |
|
$ |
1,942,040 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Enforcement |
|
$ |
276,444,516 276,623,476 |
|
$ |
284,192,475 284,371,435 |
CASH TRANSFER TO HIGHWAY PATROL FEDERAL CONTRABAND, FORFEITURE, AND OTHER FUND (FUND 3BF)
On July 1, 2005, or as soon thereafter as possible, notwithstanding any other provision of law to the contrary, the Director of Budget and Management shall transfer $1,942,040 in cash from the Highway Patrol State Contraband, Forfeiture, and Other Fund (Fund 83C) in the State Highway Safety Fund Group to the Highway Patrol Federal Contraband, Forfeiture, and Other Fund (Fund 3BF) in the Federal Special Revenue Fund Group.
CASH TRANSFERS FROM THE HIGHWAY PATROL FEDERAL CONTRABAND, FORFEITURE, AND OTHER FUND (FUND 3BF)
On the effective date of this section, or as soon as practicable thereafter, the Director of Public Safety and the Director of Budget and Management shall do all of the following:
(A) The Director of Public Safety shall certify to the Director of Budget and Management the amount of the cash balance credited to the Highway Patrol Federal Contraband, Forfeiture, and Other Fund (Fund 3BF) that consists of proceeds received by the State Highway Patrol from the United States Department of Justice pursuant to federal law from a sale of forfeited contraband, proceeds from another disposition of forfeited contraband, or forfeited contraband moneys, and any related investment or other earnings, and the Director of Budget and Management shall transfer that certified amount in cash to the credit of the Highway Patrol Justice Contraband Fund (Fund 83J);
(B) The Director of Public Safety shall certify to the Director of Budget and Management the amount of the cash balance credited to the Highway Patrol Federal Contraband, Forfeiture, and Other Fund (Fund 3BF) that consists of proceeds received by the State Highway Patrol from the United States Department of Treasury pursuant to federal law from a sale of forfeited contraband, proceeds from another disposition of forfeited contraband, or forfeited contraband moneys, and any related investment or other earnings, and the Director of Budget and Management shall transfer that certified amount in cash to the credit of the Highway Patrol Treasury Contraband Fund (Fund 83T).
Upon completion of the cash transfers specified in divisions (A) and (B) of this section, the Highway Patrol Federal Contraband, Forfeiture, and Other Fund is abolished. The Director of Budget and Management shall cancel any existing encumbrances against appropriation item 764-692, Federal Contraband, Forfeiture, and Other, and re-establish them against appropriation items 764-693, Highway Patrol Justice Contraband, and 764-694, Highway Patrol Treasury Contraband, as appropriate, for the same purpose and to the same vendor. As determined by the Director, the appropriation authority necessary to re-establish those encumbrances is hereby authorized.
COLLECTIVE BARGAINING INCREASES
Notwithstanding division (D) of section 127.14 and division
(B)
of section 131.35 of the Revised Code, except for the General
Revenue
Fund, the Controlling Board may, upon the request of
either the
Director of Budget and Management, or the Department of
Public
Safety
with the approval of the Director of Budget and
Management,
increase
appropriations for any fund, as necessary for
the Department of
Public Safety, to assist in paying the costs of
increases in
employee
compensation that have occurred pursuant to
collective bargaining agreements under Chapter 4117. of the
Revised Code and, for exempt employees, under section 124.152 of
the Revised Code.
Sec. 203.06.24. REVENUE DISTRIBUTION
Holding Account Redistribution Fund Group
R24 |
762-619 |
|
Unidentified Public Safety Receipts |
|
$ |
1,885,000 |
|
$ |
1,885,000 |
R52 |
762-623 |
|
Security Deposits |
|
$ |
250,000 |
|
$ |
250,000 |
TOTAL 090 Holding Account |
|
|
|
|
|
|
Redistribution Fund Group |
|
$ |
2,135,000 |
|
$ |
2,135,000 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Revenue Distribution |
|
$ |
2,135,000 |
|
$ |
2,135,000 |
TRANSFER OF CASH BALANCE FROM FUND R27, HIGHWAY PATROL FEE REFUND FUND
On July 1, 2005, or as soon as possible thereafter, the Director of Budget and Management shall transfer the cash balance in the Highway Patrol Fee Refund Fund (Fund R27) created in former section 4501.12 of the Revised Code to the Unidentified Public Safety Receipts Fund (Fund R24).
TOTAL Department of Public Safety
TOTAL HSF State Highway Safety |
|
|
|
|
|
|
Fund Group |
|
$ |
459,009,425 461,130,425 |
|
$ |
464,841,856 466,962,856 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
3,634,144 |
|
$ |
3,634,144 |
TOTAL LCF Liquor Control |
|
|
|
|
|
|
Fund Group |
|
$ |
10,120,365 |
|
$ |
10,423,976 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
752,432 |
|
$ |
762,186 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
168,045,804 166,103,764 |
|
$ |
168,056,664 166,114,624 |
TOTAL AGY Agency Fund Group |
|
$ |
100,000 |
|
$ |
100,000 |
TOTAL 090 Holding Account Redistribution |
|
|
|
|
|
|
Fund Group |
|
$ |
2,135,000 |
|
$ |
2,135,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
643,797,170 643,976,130 |
|
$ |
649,953,826 650,132,786 |
Section 606.30. That existing Sections 203.06.06 and 203.06.24 of Am. Sub. H.B. 68 of the 126th General Assembly, as amended by Am. Sub. H.B. 66 of the 126th General Assembly, are hereby repealed.
Section 609.05. That Sections 23 and 23.01 of Am. Sub. S.B. 189 of the 125th General Assembly be amended to read as follows:
Sec. 23. All items set forth in this section are hereby
appropriated out of any moneys in the state treasury to the
credit
of the Ohio Parks and Natural Resources Fund (Fund 031) that are not otherwise appropriated:
DNR DEPARTMENT OF NATURAL RESOURCESSTATEWIDE AND LOCAL PROJECTS
CAP-012 |
|
Land Acquisition |
|
$ |
958,039 |
CAP-702 |
|
Upgrade Underground Fuel Storage Tanks |
|
$ |
999,294 |
CAP-703 |
|
Cap Abandoned Water Wells |
|
$ |
189,482 |
CAP-748 |
|
Local Parks Projects - Statewide |
|
$ |
3,406,183 |
CAP-751 |
|
City of Portsmouth Launch Ramp |
|
$ |
15,989 |
CAP-753 |
|
Project Planning |
|
$ |
118,360 |
CAP-766 |
|
South Fork Licking Watershed Study |
|
$ |
600 |
CAP-768 |
|
Grand River Wildlife Area |
|
$ |
2,700 |
CAP-788 |
|
Community Recreation Projects |
|
$ |
60,000 |
CAP-799 |
|
Village of Nelville Boat Ramp |
|
$ |
140,727 |
CAP-800 |
|
City of Gallipolis Courtesy Dock |
|
$ |
8,700 |
CAP-814 |
|
North of Rush Run Wildlife Area |
|
$ |
200 |
CAP-834 |
|
Appraisal Fees - Statewide |
|
$ |
77,265 |
CAP-844 |
|
Put-In-Bay Township Port Authority |
|
$ |
79,784 |
CAP-868 |
|
New Philadelphia Office Relocation |
|
$ |
1,500,000 |
CAP-881 |
|
Dam Rehabilitation |
|
$ |
14,998,701 |
CAP-900 |
|
City of Huron Docks |
|
$ |
46,786 |
CAP-928 |
|
Handicapped Accessibility |
|
$ |
743,285 |
CAP-929 |
|
Hazardous Waste/Asbestos Abatement |
|
$ |
102,857 |
CAP-931 |
|
Wastewater/Water Systems Upgrades |
|
$ |
9,439,572 |
CAP-932 |
|
Wetlands/Waterfront Acquisition |
|
$ |
223,481 |
CAP-934 |
|
Operations Facilities Development |
|
$ |
1,486,438 |
CAP-963 |
|
Fairpoint Harbor Port Authority |
|
$ |
103,293 |
CAP-995 |
|
Boundary Protection |
|
$ |
32,426 |
CAP-999 |
|
Geographic Information Management System |
|
$ |
779,501 |
Total Statewide and Local Projects |
|
$ |
35,513,663 |
DIVISION OF CIVILIAN CONSERVATION
CAP-750 |
|
Quilter CCC Camp |
|
$ |
900 |
CAP-817 |
|
Riffe CCC Camp |
|
$ |
1,309 |
CAP-835 |
|
Civilian Conservation Facilities |
|
$ |
1,847,074 |
Total Division of Civilian Conservation |
|
$ |
1,849,283 |
DIVISION OF FORESTRY
CAP-021 |
|
Mohican State Forest |
|
$ |
1,200 |
CAP-030 |
|
Shawnee State Forest |
|
$ |
1,300 |
CAP-073 |
|
Brush Creek State Forest |
|
$ |
5,850 |
CAP-146 |
|
Zaleski State Forest |
|
$ |
200 |
CAP-213 |
|
Shade River State Forest |
|
$ |
200 |
CAP-841 |
|
Operations and Maintenance Facility Development and
Renovation |
|
$ |
1,489,212 |
CAP-977 |
|
Fernwood State Forest |
|
$ |
7,181 |
Total Division of Forestry |
|
$ |
1,505,143 |
DIVISION OF MINERAL RESOURCES MANAGEMENT
CAP-867 |
|
Reclamation Facilities Renovation and Development |
|
$ |
19,500 |
Total Division of Mineral Resources Management |
|
$ |
19,500 |
DIVISION OF NATURAL AREAS AND PRESERVES
CAP-006 |
|
Little Beaver Creek Nature Preserve |
|
$ |
1,500 |
CAP-826 |
|
Natural Areas and Preserves Maintenance/Facility Development |
|
$ |
788,056 |
CAP-831 |
|
Lake Katherine |
|
$ |
17,699 |
CAP-870 |
|
Little Miami Scenic River |
|
$ |
4,800 |
Total Division of Natural Areas |
|
$ |
812,055 |
DIVISION OF PARKS AND RECREATION
CAP-003 |
|
Barkcamp State Park |
|
$ |
3,025 |
CAP-005 |
|
Cowan Lake State Park |
|
$ |
34,684 |
CAP-010 |
|
East Harbor State Park |
|
$ |
41,329 |
CAP-016 |
|
Hueston Woods State Park |
|
$ |
2,500 |
CAP-017 |
|
Indian Lake State Park |
|
$ |
2,319 |
CAP-018 |
|
Kelleys Island State Park |
|
$ |
5,700 |
CAP-019 |
|
Lake Hope State Park |
|
$ |
500 |
CAP-025 |
|
Punderson Lake State Park |
|
$ |
8,997 |
CAP-026 |
|
Pymatuning State Park |
|
$ |
2,650 |
CAP-032 |
|
West Branch State Park |
|
$ |
6,243 |
CAP-037 |
|
Kiser Lake State Park |
|
$ |
10,616 |
CAP-051 |
|
Buck Creek State Park |
|
$ |
500 |
CAP-052 |
|
Buckeye Lake State Park |
|
$ |
74,746 |
CAP-060 |
|
East Fork State Park |
|
$ |
1,709 |
CAP-064 |
|
Geneva State Park |
|
$ |
750 |
CAP-069 |
|
Hocking Hills State Park |
|
$ |
472 |
CAP-089 |
|
Mosquito Lake State Park |
|
$ |
2,789 27,789 |
CAP-093 |
|
Portage Lakes State Park |
|
$ |
44,676 |
CAP-114 |
|
Beaver Creek State Park |
|
$ |
12,000 |
CAP-119 |
|
Forked Run State Park |
|
$ |
5,123 |
CAP-169 |
|
Lake White State Park |
|
$ |
3,100 |
CAP-222 |
|
Wolf Run State Park |
|
$ |
205,787 |
CAP-234 |
|
State Parks, Campgrounds, Lodges, and Cabins |
|
$ |
3,431,369 |
CAP-305 |
|
Maumee Bay State Park |
|
$ |
900 |
CAP-331 |
|
Park Boating Facilities |
|
$ |
5,411,873 |
CAP-390 |
|
State Park Maintenance/Facility Development |
|
$ |
1,803,182 |
CAP-718 |
|
Grand Lake St. Marys State Park |
|
$ |
7,490 |
CAP-719 |
|
Indian Lake State Park |
|
$ |
7,610 |
CAP-758 |
|
Muskingum River Parkway Lock #7 |
|
$ |
1,146 |
CAP-795 |
|
Headlands Beach State Park |
|
$ |
25,160 |
CAP-815 |
|
Mary Jane Thurston State Park |
|
$ |
4,700 |
CAP-825 |
|
Marblehead Lighthouse State Park |
|
$ |
1,233 |
CAP-829 |
|
Sycamore State Park |
|
$ |
500 |
CAP-836 |
|
State Park Renovations/Upgrading |
|
$ |
3,254,137 |
CAP-851 |
|
Cleveland Lakefront |
|
$ |
47,051 |
CAP-916 |
|
Lake Milton State Park |
|
$ |
46,509 |
Total Division of Parks and Recreation |
|
$ |
14,513,075 14,538,075 |
DIVISION OF SOIL AND WATER CONSERVATION
CAP-810 |
|
New Facilities at Farm Science Review |
|
$ |
500 |
Total Division of Soil and Water Conservation |
|
$ |
500 |
DIVISION OF WATER
CAP-705 |
|
Rehabilitate Canals, Hydraulic Works, and Support Facilities |
|
$ |
3,781,222 |
CAP-730 |
|
Miami and Erie Canal |
|
$ |
700 |
CAP-819 |
|
Rehabilitate/Automate - Ohio Ground Water Observation Well
Network |
|
$ |
294,266 |
CAP-820 |
|
Automated Stream, Lake, and Ground Water Data Collection |
|
$ |
509,396 |
CAP-822 |
|
Flood Hazard Information Studies |
|
$ |
5,518 |
CAP-848 |
|
Hazardous Dam Repair - Statewide |
|
$ |
267,000 |
Total Division of Water |
|
$ |
4,858,102 |
TOTAL Department of Natural Resources |
|
$ |
59,071,321 59,096,321 |
TOTAL Ohio Parks and Natural Resources Fund |
|
$ |
59,071,321 59,096,321 |
Sec. 23.01. LAND ACQUISITION
Of the foregoing appropriation item CAP-012, Land
Acquisition, $300,000 shall
be used by the City of Mentor to
purchase property for the Mentor Marsh.
The amount reappropriated for the foregoing appropriation item CAP-089, Mosquito Lake State Park, is the unencumbered and unallotted balance as of June 30, 2004, in appropriation item CAP-089, Mosquito Lake State Park, plus $25,000. Of the foregoing appropriation item CAP-089, Mosquito Lake State Park, up to $25,000 shall be used to conduct a state lodge feasibility study.
MIAMI AND ERIE CANAL IMPROVEMENTS
Of the foregoing appropriation item CAP-705, Rehabilitate
Canals, Hydraulic
Works, and Support Facilities, at least
$1,250,000 shall be used for Miami and
Erie Canal improvements.
LOCAL PARKS PROJECTS - STATEWIDE
The amount reappropriated for the foregoing appropriation
item CAP-748, Local
Parks Projects - Statewide, is
$840,879
plus the unencumbered and
unallotted balance as of June
30, 2004,
in item CAP-748, Local Parks Projects
- Statewide. The
$840,879
represents amounts that were previously
appropriated,
allocated to
counties pursuant to division (D) of section
1557.06
of the
Revised Code, and encumbered for local project grants. The
encumbrances for these local projects in the various counties
shall be
canceled by the Director of Natural Resources or the
Director of Budget and
Management. The Director of Natural
Resources shall allocate the $840,879
to
the same counties the
moneys were originally allocated to, in the amount of
the canceled
encumbrances.
Of the foregoing appropriation item CAP-881, Dam
Rehabilitation, up to
$5,000,000 shall be used to rehabilitate the
Muskingum River Locks and Dams.
Section 609.06. That existing Sections 23 and 23.01 of Am. Sub. S.B. 189 of the 125th General Assembly are hereby repealed.
Section 609.11. That Section 22 of Am. Sub. S.B. 189 of the 125th General Assembly, as most recently amended by Am. Sub. H.B. 66 of the 126th General Assembly, be amended to read as follows:
Sec. 22. All items set forth in this section are hereby
appropriated out of any moneys in the state treasury to the credit
of the Cultural and Sports Facilities Building Fund (Fund 030) that are not otherwise appropriated:
AFC CULTURAL FACILITIES COMMISSION
CAP-003 |
|
Center of Science and Industry - Toledo |
|
$ |
12,268 |
CAP-004 |
|
Valentine Theatre |
|
$ |
1,111 |
CAP-005 |
|
Center of Science and Industry - Columbus |
|
$ |
181,636 |
CAP-010 |
|
Sandusky State Theatre Improvements |
|
$ |
1,000,000 |
CAP-017 |
|
Zion Center of the National Afro-American Museum |
|
$ |
488,232 |
CAP-021 |
|
Ohio Historical Center - Archives and Library Shelving |
|
$ |
2,395 |
CAP-033 |
|
Woodward Opera House Renovation |
|
$ |
1,050,000 |
CAP-037 |
|
Canton Palace Theatre Renovations |
|
$ |
1,066,126 |
CAP-038 |
|
Center Exhibit Replacement |
|
$ |
750,000 |
CAP-042 |
|
Statewide Site Exhibit/Renovation & Construction |
|
$ |
625,000 |
CAP-043 |
|
Statewide Site Repairs |
|
$ |
454,000 |
CAP-046 |
|
Cincinnati Museum Center Improvements |
|
$ |
500,000 |
CAP-052 |
|
Akron Art Museum |
|
$ |
6,634,666 |
CAP-053 |
|
Powers Auditorium Improvements |
|
$ |
200,000 |
CAP-055 |
|
Waco Museum
& Aviation Learning Center |
|
$ |
500,000 |
CAP-057 |
|
Comprehensive Master Plan |
|
$ |
180,000 |
CAP-058 |
|
Cedar Bog Nature Preserve Education Center |
|
$ |
766,200 |
CAP-061 |
|
Statewide Arts Facilities Planning |
|
$ |
35,931 |
CAP-063 |
|
Robins Theatre Renovations |
|
$ |
1,000,000 |
CAP-064 |
|
Bramley Historic House |
|
$ |
75,000 |
CAP-066 |
|
Delaware County Cultural Arts Center |
|
$ |
40,000 |
CAP-068 |
|
Perry County Historical Society |
|
$ |
100,000 |
CAP-069 |
|
Cleveland Institute of Art |
|
$ |
750,000 |
CAP-071 |
|
Cleveland Institute of Music |
|
$ |
750,000 |
CAP-072 |
|
West Side Arts Consortium |
|
$ |
138,000 |
CAP-074 |
|
Stan Hywet Hall & Gardens |
|
$ |
250,000 |
CAP-075 |
|
McKinley Museum Improvements |
|
$ |
125,000 |
CAP-076 |
|
Spring Hill Historic Home |
|
$ |
125,000 |
CAP-077 |
|
Western Reserve Ballet Improvements |
|
$ |
100,000 |
CAP-078 |
|
Midland Theatre |
|
$ |
175,000 |
CAP-079 |
|
Lorain Palace Civic Theatre |
|
$ |
200,000 |
CAP-080 |
|
Great Lakes Historical Society |
|
$ |
150,000 |
CAP-734 |
|
Hayes Presidential Center |
|
$ |
75,000 |
CAP-745 |
|
Historic Sites and Museums |
|
$ |
750,000 |
CAP-753 |
|
Buffington Island State Memorial |
|
$ |
91,500 |
CAP-770 |
|
Serpent Mound State Memorial |
|
$ |
295,000 |
CAP-784 |
|
Ohio Historical Center Rehabilitation |
|
$ |
673,700 |
CAP-786 |
|
Piqua/Ft Picakawillany Acquisition and Improvements |
|
$ |
136,000 |
CAP-789 |
|
Neil Armstrong Air and Space Museum Improvements |
|
$ |
103,516 |
CAP-791 |
|
Harrison Tomb and Site Renovations |
|
$ |
149,500 |
CAP-796 |
|
Moundbuilders State Memorial |
|
$ |
530,000 |
CAP-806 |
|
Grant Boyhood Home Improvements |
|
$ |
68,333 |
CAP-809 |
|
Cincinnati Ballet Facility Improvements |
|
$ |
450,000 |
CAP-810 |
|
Toledo Museum of Art Improvements |
|
$ |
2,000,000 |
CAP-814 |
|
Crawford Museum of Transportation
& Industry |
|
$ |
2,500,000 |
CAP-820 |
|
Historical Center Ohio Village Buildings |
|
$ |
502,000 |
CAP-821 |
|
Lorain County Historical Society |
|
$ |
300,000 |
CAP-822 |
|
Madison County Historic Schoolhouse Armory Youth Center |
|
$ |
40,000 |
CAP-823 |
|
Marion Palace Theatre |
|
$ |
825,000 |
CAP-824 |
|
McConnellsville Opera House |
|
$ |
75,000 |
CAP-825 |
|
Secrest Auditorium |
|
$ |
75,000 |
CAP-826 |
|
Renaissance Theatre |
|
$ |
50,000 |
CAP-827 |
|
Trumpet in the Land |
|
$ |
100,000 |
CAP-829 |
|
Mid Ohio Valley Players |
|
$ |
80,000 |
CAP-830 |
|
The Anchorage |
|
$ |
50,000 |
CAP-831 |
|
Wayne County Historical Society |
|
$ |
300,000 |
CAP-833 |
|
Promont House Museum |
|
$ |
200,000 |
CAP-837 |
|
Lake County Historical Society |
|
$ |
250,000 |
CAP-839 |
|
Hancock Historical Society |
|
$ |
75,000 |
CAP-840 |
|
Riversouth Development |
|
$ |
1,000,000 |
CAP-841 |
|
Ft. Piqua Hotel |
|
$ |
200,000 |
CAP-843 |
|
Marina District/Ice Arena Development |
|
$ |
4,000,000 |
Total Cultural Facilities Commission |
|
$ |
34,370,114 32,620,114 |
TOTAL CULTURAL Cultural and Sports Facilities Building Fund |
|
$ |
34,370,114 32,620,114 |
COSI COLUMBUS - LOCAL ADMINISTRATION OF CAPITAL PROJECT
CONTRACTS
Notwithstanding division (A) of section 3383.07 of the
Revised Code, the Ohio Cultural Facilities Commission, with
respect to the foregoing appropriation item CAP-005, Center of
Science and Industry - Columbus, may administer all
or part of
capital facilities project contracts involving exhibit
fabrication
and installation as determined by the Department of
Administrative
Services, the Center of Science and Industry -
Columbus, and the
Ohio Cultural Facilities Commission in
review of the
project plans. The Ohio Cultural Facilities
Commission
shall enter into a contract with the Center of Science
and
Industry - Columbus to administer the exhibit fabrication and
installation contracts and such contracts are not subject to
Chapter 123. or 153. of the Revised Code.
SPORTS FACILITIES IMPROVEMENTS - AKRON
The amount reappropriated to the Cultural and Sports Facilities Building Fund (Fund 030), CAP-024, Sports Facilities Improvements - Akron, is the unallotted and unencumbered balance in the Sports Facilities Building Fund (Fund 024), CAP-024, Sports Facilities Improvements - Akron.
The amount reappropriated to the Cultural and Sports Facilities Building Fund (Fund 030), CAP-025, Reds Hall of Fame, is the unallotted and unencumbered balance in the Sports Facilities Building Fund (Fund 024), CAP-025, Reds Hall of Fame.
The amount reappropriated for the foregoing appropriation item CAP-052, Akron Art Museum, is the unencumbered and unallotted balance as of June 30, 2004, in appropriation item CAP-052, Akron Art Museum, plus $1,634,666.
The amount reappropriated for the foregoing appropriation item CAP-829, Mid Ohio Valley Players, is the unencumbered and unallotted balance as of June 30, 2004, in appropriation item CAP-829, Mid Ohio Valley Players, plus $30,000.
The amount reappropriated for the foregoing appropriation item CAP-840, Riversouth Development, is the unencumbered and unallotted balance as of June 30, 2004, in appropriation item CAP-840, Riversouth Development, minus $9,000,000.
MARINA DISTRICT/ICE ARENA DEVELOPMENT
The amount reappropriated to the Cultural and Sports Facilities Building Fund (Fund 030), CAP-843, Marina District/Ice Arena Development, is the unallotted and unencumbered balance in the Sports Facilities Building Fund (Fund 024), CAP-073, Marina District/Ice Arena Development.
Section 609.12. That existing Section 22 of Am. Sub. S.B. 189 of the 125th General Assembly, as most recently amended by Am. Sub. H.B. 66 of the 126th General Assembly, is hereby repealed.
Section 690.03. That Section 315.03 of Am. Sub. H.B. 66 of the 126th General Assembly is hereby repealed.
Section 690.06. That Section 557.09.09 of Am. Sub. H.B. 66 of the 126th General Assembly is hereby repealed effective December 31, 2006.
Section 690.09. That Section 5 of Am. Sub. S.B. 234 of the 125th General Assembly is hereby repealed.
Section 701.03. On or before February 20, 2007, each clerk of court, as defined in section 120.36 of the Revised Code, shall provide to the State Public Defender a report including all of the following for the calendar year 2006:
(A) The number of persons who requested or were provided a state public defender, county or joint county public defender, or other counsel appointed by the court;
(B) The number of persons for whom the court waived the application fee pursuant to division (A) of section 120.36 of the Revised Code;
(C) The dollar value of the application fees assessed pursuant to division (A) of section 120.36 of the Revised Code;
(D) The amount of assessed application fees collected;
(E) The balance of unpaid assessed application fees at the open and close of the calendar year.
Section 703.03. TRANSFER PROVISIONS FOR ESTABLISHMENT OF AN ADAMH BOARD
If a board of county commissioners establishes a board of alcohol, drug addiction, and mental health services (ADAMH board) pursuant to division (B) of section 340.021 of the Revised Code, the ADAMH board shall possess all the rights, privileges, immunities, powers, franchises, and authority of the county's community mental health board and alcohol and drug addiction services board, and all property of every description, and every interest therein, and all obligations of or belonging to or due to the community mental health board and alcohol and drug addiction services board shall thereafter be taken and deemed to be transferred to and vested into the ADAMH board without further act or deed.
Section 709.03. The membership on the Farmland Preservation Advisory Board of the representative of the Natural Resources Conservation Service in the United States Department of Agriculture is hereby terminated pursuant to amendments to section 901.23 of the Revised Code made by this act. The remainder of the term of that member shall be served by the member who is required to be appointed by the Director of Agriculture to represent soil and water conservation interests under that section as amended by this act.
Section 709.06. (A) The Department of Agriculture shall refund money collected from the fee established under division (B)(3) of section 907.14 of the Revised Code, as that section existed prior to its amendment by Sub. S.B. 189 of the 126th General Assembly, to either or both of the following:
(1) Vegetable seed labelers who sold vegetable seeds in hermetically sealed containers of eight ounces or less with a seed count of 1,000 seeds or more from January 1, 2004, through December 31, 2005;
(2) Flower seed labelers who sold flower seeds in hermetically sealed containers of eight ounces or less containing more than 300 seeds from January 1, 2004, through December 31, 2005.
(B) The Department shall notify those seed labelers who may be eligible for a refund under this section. The Department may request, and a seed labeler who may be eligible for a refund under this section shall provide, any information that the Department requests in order to determine if the seed labeler is eligible for a refund under this section. The Department has exclusive discretion in determining eligibility for refunds under this section.
(C) The Director of Agriculture shall use money appropriated to the Commercial Feed, Fertilizer, Seed, and Lime Inspection and Laboratory Fund created in section 905.38 of the Revised Code to pay the refunds authorized under this section.
Section 733.03. Not later than six months after the effective date of this section, the Department of Education shall develop and submit to the Education Committee of the Senate and of the House of Representatives a proposal for an appropriate penalty to be applied to school districts and community schools that intentionally report to the Department inaccurate data regarding formula ADM or community school ADM and other student attendance numbers required under section 3314.08 or 3317.03 of the Revised Code and shall provide public testimony on the proposal before those committees. Copies of the proposal also shall be submitted to the President and Minority Leader of the Senate and the Speaker and Minority Leader of the House of Representatives. In developing the proposal, the Department also shall examine the penalties prescribed by law and shall provide legislative recommendations regarding those penalties.
Section 737.03. The requirement in section 3718.02 of the Revised Code as it results from this act that rules be adopted not sooner than July 1, 2007, supersedes the requirement in the section as it resulted from Sub. H.B. 231 of the 125th General Assembly that the rules be adopted not later than May 6, 2006.
Section 753.03. (A) The Governor is hereby authorized to execute a deed in the name of the state conveying to Wayne County Community Improvement Corporation, and its successors and assigns, all of the state's right, title, and interest in the following described real estate that has been determined as no longer required for state purposes:
Situated in the Township of Wooster, County of Wayne, State of Ohio, and known as part of the Southwest Quarter of Section 12, T-15, R-13, and more fully described as follows:
COMMENCING at the Northwest Corner of the Southwest Quarter of Section 12 and bounded by the following courses,
1) Thence S 87°50'00" E along the north line of the Southwest Quarter of Section 12 a distance of 2,620.06 feet to the Northeast Corner of the Southwest Quarter of Section 12,
2) Thence, S 2°53'14" W along the east line of the Southwest Quarter of Section 12 a distance of 432.21 feet to an iron pin.
3) Thence, N 87°50'00" W and parallel with the north line of the Southwest Quarter of Section 12 a distance of 2,621.13 feet to a point on the Southwest Quarter of Section 12,
4) Thence, N 3°01'41" E along the west line of the Southwest Quarter of Section 12 a distance of 432.23 feet to the PLACE OF BEGINNING containing 26.000 acres, more or less. All iron pins set are a 5/8 inch iron bar, 30 inches in length, with a yellow plastic cap marked "RUDOLPH 6449".
Basis of Bearings: Survey "MM" 491 Wayne County Survey Records, S 87°50'00" E on the north line of the Southwest Quarter of Section 12, Wooster Township. This description prepared from a field survey by: R.G. Rudolph Surveying, Inc. by: RONALD G. RUDOLPH P.S. 6449, January 5, 1995, Job No. 8441. See Wayne County Survey Record Volume "NN" Page 412. Prior Instrument Reference: Volume 720, Page 770, of the Deed Records of Wayne County, Ohio. Parcel Number 5602376004
(B) Consideration for the conveyance of the real estate described in division (A) of this section is a purchase price equal to the appraised value of the real estate plus the cost of the appraisal of the real estate.
(C) Upon payment of the purchase price, the Auditor of State, with the assistance of the Attorney General, shall prepare a deed to the real estate described in division (A) of this section. The deed shall state the consideration. The deed shall be executed by the Governor in the name of the state, countersigned by the Secretary of State, sealed with the Great Seal of the state, and presented for recording in the Office of the Auditor of State. Wayne County Community Improvement Corporation shall present the deed for recording in the office of the Wayne County Recorder.
(D) The net proceeds of the sale of the real estate described in division (A) of this section shall be deposited in the state treasury to the credit of the Residential Facilities Support Fund 152 within the Department of Mental Retardation and Developmental Disabilities.
(E) This section shall expire two years after its effective date.
Section 755.03. (A) There is hereby created the Ohio Transportation Task Force consisting of the following twenty-four members: three members of the House of Representatives, all of whom shall be appointed by the Speaker of the House of Representatives and not more than two of whom shall be from the same political party as the Speaker of the House of Representatives; three members of the Senate, all of whom shall be appointed by the President of the Senate and not more than two of whom shall be from the same political party as the President of the Senate; the Director of Development or the Director's designee; the Director of Public Safety or the Director's designee; the Director of Transportation or the Director's designee; the Superintendent of the State Highway Patrol or the Superintendent's designee; nine members appointed jointly by the Speaker of the House of Representatives and the President of the Senate, with each such member being selected from a list of three individuals with the Ohio Aggregates Association, the Ohio Coal Association, the Ohio Farm Bureau, the Ohio Trucking Association, the County Engineers Association of Ohio, the Ohio Municipal League, the Ohio Township Association, the Ohio Association of Regional Councils, and the Ohio Manufacturers' Association each submitting such a list to the Speaker of the House of Representatives and the President of the Senate for their consideration; three additional members appointed jointly by the Speaker of the House of Representatives and the President of the Senate, with one member representing the industry that transports freight by air, one member representing the industry that transports freight by water, and one member representing the industry that transports freight by rail; and one person appointed by the Speaker of the House of Representatives and one person appointed by the President of the Senate, both of whom shall represent the general public.
All initial appointments to the Task Force shall be made not later than sixty days after the effective date of this section. Vacancies shall be filled in the same manner provided for original appointments.
The Speaker of the House of Representatives and the President of the Senate each shall appoint a co-chairperson of the Task Force from among the appointees who are members of their respective chambers of the General Assembly. The Task Force may elect from among its members any other officers it considers advisable. The co-chairpersons shall call the first meeting of the Task Force not later than thirty days after the last member has been appointed.
The Legislative Service Commission shall provide any staff or services the Task Force may require.
(B) The Task Force shall examine and evaluate the state's ability to provide for the safe and efficient movement of freight within this state during the next two decades including all of the following:
(1) The state's policies on transportation infrastructure development, funding, and investment;
(2) The benefits of public investment in transportation infrastructure;
(3) The statutes and rules that impact the transportation of freight, including the weight provisions and permit requirements of existing law.
The Task Force shall make recommendations to enhance the state's ability to provide for the safe and efficient movement of freight within this state during that future time period.
The Task Force also may consider or evaluate existing statewide freight studies and data, Ohio Department of Transportation policies on safety and congestion, multi-modal projects, national freight perspectives, transportation initiatives of other states in these areas, and potential revenue options. The Task Force may evaluate these items to determine how they may affect the state's ability to provide for the safe and efficient movement of freight within this state during the next two decades.
(C) Not later than December 15, 2007, the Task Force shall issue a report containing its findings and recommendations. The Task Force shall send a copy of the report to the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the President of the Senate, the Minority Leader of the Senate, and the Governor. Upon issuance of the report, the Task Force shall cease to exist.
Section 757.03. The Tax Commissioner's certification to the Department of Education in 2006 for the data described in division (A)(6) of section 3317.021 of the Revised Code shall be made on or before August 1, 2006.
Section 757.05. A person that paid the registration fee under section 5751.04 of the Revised Code before December 1, 2005, but subsequently determines the person is not subject to the tax imposed under Section 557.09 of Am. Sub. H.B. 66 of the 126th General Assembly and the tax imposed under Chapter 5751. of the Revised Code is entitled to a refund of the registration fee in the manner prescribed by section 5751.08 of the Revised Code, as an erroneous payment of tax, if the person cancels the person's registration before May 10, 2006. Such a person is not subject to the minimum tax imposed under Section 557.09 of Am. Sub. H.B. 66 of the 126th General Assembly for the semi-annual period from July 1, 2005, through December 31, 2005, or the minimum tax imposed under section 5751.03 of the Revised Code for calendar year 2006. No refund shall be issued under this section to any person that was allowed a credit for the registration fee against the person's tax liability for any tax period.
Section 757.06. (A) As used in this section, "qualified property" means real and tangible personal
property that satisfies all of the following
qualifications:
(1) The property is currently owned by an entity defined under division (D)(1) of section 5709.07 of the Revised Code;
(2) The current owner purchased the property from an entity defined under division (D)(1) of section 5709.07 of the Revised Code; and
(3) The property was exempted from taxation under division (A)(2) of section 5709.07 of the Revised Code before the previous owner's acquisition of the property.
(B) Notwithstanding division (A) of section 5715.27 of the Revised Code, when qualified property
has not received tax exemption for tax year 2003
due to a failure to timely file an application for exemption for that year, the previous owner of the property, at any time on or before sixty days
after the effective date of this section, may file with the Tax Commissioner
an application requesting that, pursuant to this section, the property be placed on the tax exempt list
and that all unpaid taxes, penalties, and interest on the property for tax year 2003 be abated.
(C) 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 for tax year 2003 and that all unpaid
taxes, penalties, and interest for that year be abated, but only if the Commissioner finds that the property met the qualifications for exemption under division (A)(2) of section 5709.07 of the Revised Code for tax year 2003.
(D) 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, but only if the applicant files a notice with the Tax Commissioner requesting consideration under this section before this section expires.
(E) This section expires six months after the effective date of this section.
Section 757.09. (A) As used in this section, "qualified property" means real and tangible personal property that satisfies all of the following conditions:
(1) The property is currently owned by a municipal corporation;
(2) The current owner of the property acquired the property from an entity that operated a hospital and that was exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986; and
(3) That entity had previously filed an application for exemption that was dismissed after the property was transferred to the municipal corporation.
(B) Notwithstanding section 5713.081 and division (A) of section 5715.27 of the Revised Code, when qualified property has not received an exemption from taxation for tax years 2001 through 2004 due to the dismissal of a timely filed application for exemption filed after the qualified property had been transferred to the current owner and if the qualified property otherwise satisfied the qualifications for exemption under section 5709.12 or 5709.121 of the Revised Code for those years, the prior owner of the property, at any time on or before sixty days after the effective date of this section, may file an application with the Tax Commissioner requesting that, pursuant to this section, the property be placed on the tax exempt list of the county and that unpaid taxes, penalties, and interest on the property for those years be abated or remitted.
(C) Upon receiving an application filed pursuant to this section, the Tax Commissioner shall determine if the qualified property that is the subject of the application satisfied the qualifications for exemption under section 5709.12 or 5709.121 of the Revised Code for tax years 2001 through 2004 and whether the applicant satisfies the other qualifications set forth in this section, and if the qualified property qualified for exemption and the applicant satisfies those other qualifications, the Commissioner shall issue an order directing that the property be placed on the tax exempt list of the county for tax years 2001 through 2004 and that all unpaid taxes, penalties, and interest for those years be abated or remitted.
(D) The Tax Commissioner may apply this section to any qualified property that is the subject of an application for exemption pending before the Commissioner on the effective date of this section without requiring that the prior owner of the qualified property file an additional application so long as the prior owner files a notice with the Tax Commissioner requesting consideration of the pending application under this section prior to the expiration date of this section.
(E) This section expires on the last day of the sixth month following the effective date of this section.
Section 757.09.03. The amendment by this act of section 5709.08 of the Revised Code is a clarification of existing law and shall apply to all applications for a tax exemption pending on the amendment's effective date or filed with the Tax Commissioner on or after that date.
Section 757.12. Section 5709.081 of the Revised Code, as amended by this act, is remedial in nature and applies to the tax years at issue in any application for exemption from taxation pending before the Tax Commissioner, the Board of Tax Appeals, any Court of Appeals, or the Supreme Court on the effective date of this section and to the property that is the subject of the application.
Section 757.15. Section 5725.222 of the Revised Code, as enacted by this act, applies to taxes due or paid before, on, or after the effective date of that section, but no statute of limitation under division (A) or (B) of that section shall expire before thirty days after the effective date of that section.
Section 757.18. Section 5729.102 of the Revised Code, as enacted by this act, applies to taxes due or paid before, on, or after the effective date of that section, but no statute of limitation under division (A) or (B) of that section shall expire before thirty days after the effective date of that section.
Section 757.21. The credit allowed under section 5733.56 of the Revised Code for providing programs to aid the communicatively impaired shall be allowed in tax year 2006 and thereafter based on the amendments made to sections 4905.79, 5733.01, 5733.56, and 5733.98 of the Revised Code by this act.
Section 757.24. (A) As used in this section, "qualifying year" and "qualifying certificate" have the same meanings as in division (F)(2)(z)(ii) of section 5751.01 of the Revised Code.
(B) An application for a qualifying certificate for qualifying year 2007 shall be filed on or before September 1, 2006, in accordance with the procedures prescribed in division (F)(2)(z)(i)(VI) of section 5751.01 of the Revised Code.
Section 803.03. The amendment by this act of section 9.901 of the Revised Code neither confirms nor orders the implementation of the provisions of the section that have become law but that are not effective because of Section 611.03 of H.B. 66 of the 126th General Assembly. The provisions of section 9.901 of the Revised Code that have become law but that are not effective because of Section 611.03 of H.B. 66 of the 126th General Assembly continue not in effect, pending enactment of a law confirming and ordering their implementation as contemplated by the latter section. The not-in-effect provisions of section 9.901 of the Revised Code are presented in this act in compliance with the substantive rule of form contained in the second sentence of Ohio Constitution, Article II, Section 15(D) and to negate any implication they are being repealed.
Section 806.03. The items of law of which the sections of law contained in this act are composed, and their applications, are independent and severable. If any item of law that constitutes the whole or part of a section of law contained in this act, or if any application of any item of law that constitutes the whole or part of a 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.
Section 812.03. Except as otherwise specifically provided in this act, the amendment or enactment of the sections of law contained in this act, and the items of law of which the amendments or enactments are composed, are subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1c and section 1.471 of the Revised Code, the amendment or enactment of the sections of law contained in this act, and the items of law of which the amendments or enactments 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 amendment or enactment, or against any item of law of which any such amendment or enactment is composed, the amendment or enactment, or item, unless rejected at the referendum, takes effect at the earliest time permitted by law.
Section 812.06. Except as otherwise specifically provided in this act, the repeal by this act of a 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 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 812.09. The amendment or enactment by this act of the sections of law listed in this section, and the items of law of which the amendments or enactments are composed, are subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1c and section 1.471 of the Revised Code, the amendments or enactments, and the items of law of which the amendments or enactments are composed, take effect as specified in this section. If, however, a referendum petition is filed against any such amendment or enactment, or against any item of law of which any such amendment or enactment is composed, the amendment or enactment, unless rejected at the referendum, goes into effect at the earliest time permitted by law that is on or after the effective date specified in this section.
Sections 9.41, 113.09, 113.11, 113.12, 117.45 (126.35), 117.46 (126.36), 117.47 (126.37), 117.48 (126.38), 124.137, 124.138, 124.139, 124.14, 124.181, 124.182, 124.327, 124.384, 124.387, 124.389, 124.391, 124.821, 124.823, 124.84, 125.21, 126.07, 126.21, 126.22, 131.01, 131.33, 141.08, 141.10, 145.70, 742.57, 1523.02, 2503.20, 3307.32, 3309.68, 3701.041, 5115.04, 5505.27, and 5747.11 of the Revised Code take effect December 1, 2006.
Section 515.03 of this act takes effect December 1, 2006.
Section 812.12. The repeal by this act of the sections of law listed in this section is subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1c and section 1.471 of the Revised Code, the repeals take effect as specified in this section. If, however, a referendum petition is filed against any such repeal, the repeal, unless rejected at the referendum, goes into effect at the earliest time permitted by law that is on or after the effective date specified in this section.
The repeal of section 4732.04 of the Revised Code takes effect July 1, 2007.
Section 815.03. The amendment or enactment by this act of the sections of law listed in this section, and the items of law of which the amendments or enactments 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 amendments or enactments, and the items of law of which the amendments or enactments are composed, go into immediate effect when this act becomes law.
Sections 133.01, 133.06, 184.20, 2305.2341, 2923.46, 2925.44, 2933.43, 3301.0714, 3310.03, 3310.06, 3310.08, 3310.11, 3310.12, 3310.16, 3313.372, 3314.35, 3314.36, 3317.021, 3317.029, 3317.0216, 3318.052, 3745.114, 3769.087, 4781.04, 5111.011, 5111.0116, 5111.0117, 5111.0118, 5111.061, 5111.151, 5111.20, 5111.231, 5111.27, 5123.36, 5123.37, 5123.371, 5123.372, 5123.373, 5123.374, 5123.375, and 5919.19 of the Revised Code.
The repeal and reenactment of section 3325.12 of the Revised Code.
Sections 203.09, 203.12, 203.12.12, 203.45, 203.51, 203.54, 203.66, 203.69, 203.84, 203.87, 203.99.01, 203.99.30, 203.99.48, 206.03, 206.09, 206.09.12, 206.09.15, 206.09.36, 206.09.61, 206.09.63, 206.09.84, 206.16, 206.42, 206.42.09, 206.48, 206.66.22, 206.66.23, 206.66.36, 206.66.64, 206.66.66, 206.66.84, 206.66.91, 206.67.21, 206.99, 209.04, 209.06.06, 209.06.09, 209.09.06, 209.09.18, 209.15, 209.18, 209.18.09, 209.24, 209.30, 209.33, 209.36, 209.45, 209.63, 209.63.42, 209.64.60, 209.72, 209.75, 209.78.03, 209.81, 212.03, 212.24, 212.27, 212.30, 212.33, 557.12, and 612.36.03 of Am. Sub. H.B. 66 of the 126th General Assembly.
Sections 203.06.06 and 203.06.24 of Am. Sub. H.B. 68 of the 126th General Assembly.
Sections 506.03, 512.03, 512.03.03, 512.06, 512.12, 512.15, 512.18, 515.06, 606.18.03, 606.18.06, 606.18.09, and 757.03 of this act.
Sections 815.03, 815.06, 815.09, 821.03, 821.06.06, 821.09, 827.03, and 831.03 of this act.
Section 815.06. The repeal by this act of the sections of law listed in this section 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 3325.17 of the Revised Code.
Section 315.03 of Am. Sub. H.B. 66 of the 126th General Assembly.
Section 815.09. The amendment or enactment by this act of the sections of law listed in this section, and the items of law of which the amendments or enactments 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 amendments or enactments, and the items of law of which amendments or enactments are composed, go into effect as specified in this section.
Sections 5111.081 (5111.942), 5111.082 (5111.081), 5111.083 (5111.082), 5111.084 (5111.083), 5111.085 (5111.084), 5111.941, 5111.943, 5112.08, and 5112.18 of the Revised Code take effect July 1, 2006.
Sections 206.66.85 and 206.67.15 of Am. Sub. H.B. 66 of the 126th General Assembly take effect July 1, 2006.
Section 818.03. The amendment or enactment by this act of the sections of law listed in this section, and the items of law of which the amendments or enactments are composed, provide for or are essential to implementation of a tax levy. Therefore, under Ohio Constitution, Article II, Section 1d, the amendments and enactments, and the items of which the amendments and enactments are composed, are not subject to the referendum and go into immediate effect when this act becomes law.
Sections 122.17, 122.171, 133.04, 133.18, 307.761, 5701.11, 5705.03, 5705.19, 5705.195, 5705.34, 5709.08, 5709.081, 5709.40, 5709.42, 5709.43, 5709.73, 5709.74, 5709.75, 5709.78, 5709.79, 5709.80, 5711.01, 5725.221, 5725.222, 5725.98, 5727.06, 5727.85, 5729.05, 5729.101, 5729.102, 5729.98, 5733.352, 5739.026, 5743.15, 5743.18, 5745.01, 5747.012, 5747.05, 5747.056, 5747.331, 5748.02, 5751.011, 5751.032, 5751.04, 5751.05, 5751.051, 5751.10, 5751.20, 5751.21, 5751.22, and 5751.53 of the Revised Code.
Sections 757.05, 757.06, 757.09, 757.09.03, 757.12, 757.15, 757.18, and 831.06 of this act.
Sections 818.03, 821.06, and 821.06.03 of this act.
Section 821.03. (A) Except as otherwise provided in division (B) of this section, the amendments by this act to sections 124.09, 124.11, 124.151, 124.152, 124.18, 124.321, 124.382, 124.82, and 3917.04 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 an amendment, the amendment, unless rejected at the referendum, takes effect at the earliest time permitted by law.
(B) The amendments by this act to sections 124.09, 124.11, 124.151, 124.152, 124.18, 124.321, 124.382, 124.82, and 3917.04 of the Revised Code that change references to the "warrant of the auditor of state" to the "warrant of the director of budget and management," or add references to the "warrant of the director of budget and management," 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 December 1, 2006. If, however, a referendum petition is filed against an amendment, the amendment, unless rejected at the referendum, takes effect at the earliest time that is on or after the effective date specified in this division.
Until December 1, 2006, the references in section 3917.04 of the Revised Code to the "warrant of the director of budget and management" shall be construed as references to the "warrant of the auditor of state."
Section 821.06. (A) Except as otherwise provided in division (B) of this section, the amendments by this act to section 5747.01 of the Revised Code provide for or are essential to implementation of a tax levy. Therefore, under Ohio Constitution, Article II, Section 1d, the amendments are not subject to the referendum and go into immediate effect when this act becomes law.
(B) The amendments adding divisions (A)(22) and (23) to section 5747.01 of the Revised Code are subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1c, 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 either amendment, the amendment, unless rejected at the referendum, takes effect at the earliest time permitted by law.
Section 821.06.03. (A) Except as otherwise provided in division (B) of this section, the amendments by this act to section 5751.01 of the Revised Code, provide for or are essential to implementation of a tax levy. Therefore, under Ohio Constitution, Article II, Section 1d, the amendments are not subject to the referendum and go into immediate effect when this act becomes law.
(B) The amendment of this act adding division (F)(2)(z) to section 5751.01 of the Revised Code is subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1c and section 1.471 of the Revised Code, the amendment takes effect January 1, 2007. If, however, a referendum petition is filed against the amendment, the amendment, unless rejected at the referendum, goes into effect at the earliest time permitted by law that is on or after the effective date specified in this division.
Section 821.06.06. (A) Except as otherwise provided in division (B) of this section, the amendments by this act to Sections 206.09.39 and 206.09.42 of Am. Sub. H.B. 66 of the 126th General Assembly are not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d, and section 1.471 of the Revised Code, the amendments go into immediate effect when this act becomes law.
(B) The amendments by this act to division (B)(1)(e) of Section 206.09.39 and division (B)(1)(e) of Section 206.09.42 of Am. Sub. H.B. 66 of the 126th General Assembly are subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1c, and section 1.471 of the Revised Code, the amendments take effect on the ninety-first day after this act is filed with the Secretary of State. If, however, a referendum petition is filed against either amendment, the amendment, unless rejected at the referendum, takes effect at the earliest time permitted by law.
Section 821.09. (A) Except as otherwise provided in division (B) of this section, the amendments by this act to Section 206.66 of Am. Sub. H.B. 66 of the 126th General Assembly are not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d, and section 1.471 of the Revised Code, the amendments go into immediate effect when this act becomes law.
(B) The amendments by this act to Section 206.66 of Am. Sub. H.B. 66 of the 126th General Assembly that adjust appropriation items 600-623, Health Care Federal, and 600-692, Prescription Drug Rebate-State creates item 600-639, Medicaid Revenue Collections, are not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d, and section 1.471 of the Revised Code, the amendments take effect July 1, 2006.
Section 827.03. The amendment of Section 612.36.03 of Am. Sub. H.B. 66 of the 126th General Assembly by sections 606.17 and 606.18 of this act, intended to accelerate the effective date of the amendments to divisions (A) and (I) of section 3301.0711 of the Revised Code, by Am. Sub. H.B. 66 of the 126th General Assembly, from July 1, 2006, to the effective date of this section.
Section 831.03. 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 following sections, presented in this act as composites of the sections as amended by the acts indicated, are the resulting versions of the sections in effect prior to the effective date of the sections as presented in this act:
Section 109.572 of the Revised Code as amended by both Am. Sub. H.B. 11 and Am. Sub. H.B. 117 of
the 125th General Assembly and Am. Sub. H.B. 68 of the 126th General Assembly.
Section 133.04 of the Revised Code as amended by both
Am.
H.B. 76 and Am. Sub. S.B. 3 of the 123rd General Assembly.
Section 2913.01 of the Revised Code as amended by Am. Sub. H.B. 361, Am. Sub. H.B. 369, Sub. H.B. 536, and Am. Sub. S.B. 146, all of
the 125th General Assembly.
Section 4731.22 of the Revised Code as amended by both Sub. H.B. 126 and Am. Sub. S.B. 80 of the 125th General Assembly.
Section 5709.73 of the Revised Code as amended by both Am. Sub. H.B. 66 and Sub. S.B.107 of
the 126th General Assembly.
Section 5735.27 of the Revised Code as amended by both Am. Sub. H.B. 68 and Sub. S.B. 107 of the 126th General Assembly.
Section 5743.081 of the Revised Code as amended by both Sub. S.B. 200 and Am. Sub. S.B. 261 of
the 124th General Assembly.
The finding in this section takes effect at the same time as the section referenced in the finding takes effect.
Section 831.06. The amendments by this act of the first paragraph of division (F) of section 5751.01, of division (F)(2)(w) of section 5751.01, of the first paragraph of section 5751.032, and of divisions (A)(7) and (A)(8)(c) of section 5751.032 of the Revised Code are nonsubstantive corrections of errors in Chapter 5751. of the Revised Code.