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| To amend sections 9.41, 9.901, 101.543, 107.40, | 1 |
| 109.57, 109.572, 113.09, 113.11, 113.12, 117.45, | 2 |
| 117.46, 117.47, 117.48, 120.36, 120.52, 120.521, | 3 |
| 120.53, 121.37, 122.17, 122.171, 122.72, 122.73, | 4 |
| 122.74, 122.90, 124.09, 124.11, 124.134, 124.135, | 5 |
| 124.137, 124.138, 124.139, 124.14, 124.151, | 6 |
| 124.152, 124.18, 124.181, 124.182, 124.321, | 7 |
| 124.324, 124.327, 124.382, 124.384, 124.386, | 8 |
| 124.387, 124.389, 124.391, 124.82, 124.821, | 9 |
| 124.823, 124.84, 124.87, 125.21, 126.07, 126.21, | 10 |
| 126.22, 131.01, 131.02, 131.33, 133.01, 133.04, | 11 |
| 133.06, 133.12, 133.18, 141.08, 141.10, 145.70, | 12 |
| 173.14, 173.39, 173.391, 173.41, 184.20, 319.301, | 13 |
| 340.021, 742.57, 901.23, 927.39, 927.40, 927.41, | 14 |
| 927.42, 955.011, 955.16, 955.43, 1309.102, | 15 |
| 1309.520, 1309.521, 1317.07, 1321.02, 1333.11, | 16 |
| 1333.82, 1523.02, 1901.31, 1901.311, 1901.32, | 17 |
| 1901.33, 2151.357, 2152.44, 2305.2341, 2503.20, | 18 |
| 2913.01, 2913.02, 2921.321, 2923.46, 2925.44, | 19 |
| 2933.43, 3109.14, 3301.0714, 3302.021, 3307.32, | 20 |
| 3309.68, 3310.03, 3310.06, 3310.08, 3310.16, | 21 |
| 3311.057, 3313.29, 3313.372, 3313.61, 3313.64, | 22 |
| 3313.6410, 3313.813, 3314.02, 3314.03, 3314.08, | 23 |
| 3314.26, 3314.35, 3314.36, 3315.01, 3317.01, | 24 |
| 3317.015, 3317.02, 3317.021, 3317.022, 3317.024, | 25 |
| 3317.029, 3317.0216, 3317.03, 3317.051, 3317.053, | 26 |
| 3317.06, 3317.07, 3317.082, 3317.11, 3317.19, | 27 |
| 3318.052, 3318.37, 3319.17, 3323.091, 3323.13, | 28 |
| 3323.20, 3353.02, 3354.10, 3357.10, 3358.06, | 29 |
| 3362.01, 3365.02, 3375.121, 3381.15, 3381.17, | 30 |
| 3517.152, 3701.041, 3701.341, 3701.65, 3705.242, | 31 |
| 3718.02, 3734.57, 3735.67, 3745.114, 3769.087, | 32 |
| 3901.383, 3901.3814, 3905.43, 3917.04, 4109.01, | 33 |
| 4109.02, 4109.06, 4117.01, 4123.444, 4301.01, | 34 |
| 4303.17, 4303.181, 4303.182, 4303.29, 4731.22, | 35 |
| 4731.281, 4781.04, 4905.79, 5101.93, 5111.011, | 36 |
| 5111.0112, 5111.061, 5111.081, 5111.11, 5111.151, | 37 |
| 5111.161, 5111.162, 5111.20, 5111.222, 5111.231, | 38 |
| 5111.244, 5111.27, 5111.31, 5111.88, 5111.882, | 39 |
| 5111.889, 5111.8811, 5111.8812, 5112.08, 5112.18, | 40 |
| 5112.31, 5115.04, 5119.16, 5123.0413, 5123.196, | 41 |
| 5123.36, 5139.50, 5505.27, 5531.10, 5577.99, | 42 |
| 5703.21, 5703.57, 5705.03, 5705.091, 5705.19, | 43 |
| 5705.195, 5705.34, 5709.08, 5709.081, 5709.40, | 44 |
| 5709.42, 5709.43, 5709.73, 5709.74, 5709.75, | 45 |
| 5709.78, 5709.79, 5709.80, 5711.01, 5725.221, | 46 |
| 5727.06, 5727.85, 5729.05, 5733.01, 5733.352, | 47 |
| 5733.56, 5733.98, 5735.27, 5739.011, 5739.026, | 48 |
| 5739.211, 5741.031, 5743.025, 5743.03, 5743.04, | 49 |
| 5743.05, 5743.08, 5743.081, 5743.12, 5743.13, | 50 |
| 5743.15, 5743.18, 5743.33, 5743.34, 5743.35, | 51 |
| 5745.01, 5747.01, 5747.012, 5747.05, 5747.056, | 52 |
| 5747.11, 5747.331, 5748.01, 5748.02, 5751.01, | 53 |
| 5751.011, 5751.032, 5751.04, 5751.05, 5751.051, | 54 |
| 5751.10, 5751.20, 5751.21, 5751.22, 5751.53, | 55 |
| 5923.05, and 6121.02; to amend, for the purpose of | 56 |
| adopting new section numbers as indicated in | 57 |
| parentheses, sections 117.45 (126.35), 117.46 | 58 |
| (126.36), 117.47 (126.37), 117.48 (126.38), 173.41 | 59 |
| (173.394), 5101.93 (5111.178), 5111.081 | 60 |
| (5111.942), 5111.082 (5111.081), 5111.083 | 61 |
| (5111.082), 5111.084 (5111.083), and 5111.085 | 62 |
| (5111.084); to enact new sections 3325.12, | 63 |
| 3365.11, and 5111.18 and sections 124.392, | 64 |
| 131.022, 173.27, 307.761, 333.01, 333.02, 333.03, | 65 |
| 333.04, 333.05, 333.06, 333.07, 3310.11, 3310.12, | 66 |
| 3314.18, 3323.143, 3701.046, 3701.79, 4303.207, | 67 |
| 4503.105, 5111.0116, 5111.0117, 5111.0118, | 68 |
| 5111.101, 5111.163, 5111.8813, 5111.8814, | 69 |
| 5111.8815, 5111.8816, 5111.8817, 5111.941, | 70 |
| 5111.943, 5112.311, 5123.37, 5123.371, 5123.372, | 71 |
| 5123.373, 5123.374, 5123.375, 5502.261, 5531.101, | 72 |
| 5701.11, 5705.211, 5725.222, 5725.98, 5729.101, | 73 |
| 5729.102, 5729.98, 5743.021, 5743.321, 5748.011, | 74 |
| and 5919.19; and to repeal sections 124.822, | 75 |
| 124.92, 3325.12, 3325.17, 3365.11, 4732.04, and | 76 |
| 5111.18 of the Revised Code; to amend Section 3 of | 77 |
| Sub. H.B. 11 of the 126th General Assembly; to | 78 |
| amend Sections 203.09, 203.12, 203.12.12, 203.45, | 79 |
| 203.51, 203.54, 203.66, 203.69, 203.84, 203.87, | 80 |
| 203.99.01, 203.99.30, 203.99.48, 206.03, 206.09, | 81 |
| 206.09.12, 206.09.15, 206.09.21, 206.09.27, | 82 |
| 206.09.36, 206.09.39, 206.09.42, 206.09.61, | 83 |
| 206.09.63, 206.09.66, 206.09.84, 206.16, 206.42, | 84 |
| 206.42.09, 206.48, 206.66, 206.66.22, 206.66.23, | 85 |
| 206.66.36, 206.66.64, 206.66.66, 206.66.84, | 86 |
| 206.66.85, 206.66.91, 206.67.15, 206.67.21, | 87 |
| 206.99, 209.04, 209.06.06, 209.06.09, 209.09.06, | 88 |
| 209.09.18, 209.15, 209.18, 209.18.09, 209.24, | 89 |
| 209.30, 209.33, 209.36, 209.45, 209.63, 209.63.42, | 90 |
| 209.64.60, 209.72, 209.75, 209.78.03, 209.81, | 91 |
| 209.90.06, 212.03, 212.24, 212.27, 212.30, 212.33, | 92 |
| 557.12, and 612.36.03 of Am. Sub. H.B. 66 of the | 93 |
| 126th General Assembly; to amend Sections 23 and | 94 |
| 23.01 of Am. Sub. S.B. 189 of the 125th General | 95 |
| Assembly; to amend Sections 19.01, 20.01, 22.04, | 96 |
| 23.12, and 23.45 of Am. Sub. H.B. 16 of the 126th | 97 |
| General Assembly, as subsequently amended; to | 98 |
| amend Sections 203.06.06 and 203.06.24 of Am. Sub. | 99 |
| H.B. 68 of the 126th General Assembly, as | 100 |
| subsequently amended; to amend Section 22 of Am. | 101 |
| Sub. S.B. 189 of the 125th General Assembly, as | 102 |
| subsequently amended; to repeal Section 5 of Am. | 103 |
| Sub. S.B. 234 of the 125th General Assembly; and | 104 |
| to repeal Sections 315.03 and 557.09.09 of Am. | 105 |
| Sub. H.B. 66 of the 126th General Assembly to make | 106 |
| capital reappropriations for the biennium ending | 107 |
| June 30, 2008, to make certain supplemental and | 108 |
| capital appropriations and to provide | 109 |
| authorization and conditions for the operation of | 110 |
| state programs. | 111 |
| Section 101.01. That sections 9.41, 9.901, 101.543, 107.40, | 112 |
| 109.57, 109.572, 113.09, 113.11, 113.12, 117.45, 117.46, 117.47, | 113 |
| 117.48, 120.36, 120.52, 120.521, 120.53, 121.37, 122.17, 122.171, | 114 |
| 122.72, 122.73, 122.74, 122.90, 124.09, 124.11, 124.134, 124.135, | 115 |
| 124.137, 124.138, 124.139, 124.14, 124.151, 124.152, 124.18, | 116 |
| 124.181, 124.182, 124.321, 124.324, 124.327, 124.382, 124.384, | 117 |
| 124.386, 124.387, 124.389, 124.391, 124.82, 124.821, 124.823, | 118 |
| 124.84, 124.87, 125.21, 126.07, 126.21, 126.22, 131.01, 131.02, | 119 |
| 131.33, 133.01, 133.04, 133.06, 133.12, 133.18, 141.08, 141.10, | 120 |
| 145.70, 173.14, 173.39, 173.391, 173.41, 184.20, 319.301, 340.021, | 121 |
| 742.57, 901.23, 927.39, 927.40, 927.41, 927.42, 955.011, 955.16, | 122 |
| 955.43, 1309.102, 1309.520, 1309.521, 1317.07, 1321.02, 1333.11, | 123 |
| 1333.82, 1523.02, 1901.31, 1901.311, 1901.32, 1901.33, 2151.357, | 124 |
| 2152.44, 2305.2341, 2503.20, 2913.01, 2913.02, 2921.321, 2923.46, | 125 |
| 2925.44, 2933.43, 3109.14, 3301.0714, 3302.021, 3307.32, 3309.68, | 126 |
| 3310.03, 3310.06, 3310.08, 3310.16, 3311.057, 3313.29, 3313.372, | 127 |
| 3313.61, 3313.64, 3313.6410, 3313.813, 3314.02, 3314.03, 3314.08, | 128 |
| 3314.26, 3314.35, 3314.36, 3315.01, 3317.01, 3317.015, 3317.02, | 129 |
| 3317.021, 3317.022, 3317.024, 3317.029, 3317.0216, 3317.03, | 130 |
| 3317.051, 3317.053, 3317.06, 3317.07, 3317.082, 3317.11, 3317.19, | 131 |
| 3318.052, 3318.37, 3319.17, 3323.091, 3323.13, 3323.20, 3353.02, | 132 |
| 3354.10, 3357.10, 3358.06, 3362.01, 3365.02, 3375.121, 3381.15, | 133 |
| 3381.17, 3517.152, 3701.041, 3701.341, 3701.65, 3705.242, 3718.02, | 134 |
| 3734.57, 3735.67, 3745.114, 3769.087, 3901.383, 3901.3814, | 135 |
| 3905.43, 3917.04, 4109.01, 4109.02, 4109.06, 4117.01, 4123.444, | 136 |
| 4301.01, 4303.17, 4303.181, 4303.182, 4303.29, 4731.22, 4731.281, | 137 |
| 4781.04, 4905.79, 5101.93, 5111.011, 5111.0112, 5111.061, | 138 |
| 5111.081, 5111.11, 5111.151, 5111.161, 5111.162, 5111.20, | 139 |
| 5111.222, 5111.231, 5111.244, 5111.27, 5111.31, 5111.88, 5111.882, | 140 |
| 5111.889, 5111.8811, 5111.8812, 5112.08, 5112.18, 5112.31, | 141 |
| 5115.04, 5119.16, 5123.0413, 5123.196, 5123.36, 5139.50, 5505.27, | 142 |
| 5531.10, 5577.99, 5703.21, 5703.57, 5705.03, 5705.091, 5705.19, | 143 |
| 5705.195, 5705.34, 5709.08, 5709.081, 5709.40, 5709.42, 5709.43, | 144 |
| 5709.73, 5709.74, 5709.75, 5709.78, 5709.79, 5709.80, 5711.01, | 145 |
| 5725.221, 5727.06, 5727.85, 5729.05, 5733.01, 5733.352, 5733.56, | 146 |
| 5733.98, 5735.27, 5739.011, 5739.026, 5739.211, 5741.031, | 147 |
| 5743.025, 5743.03, 5743.04, 5743.05, 5743.08, 5743.081, 5743.12, | 148 |
| 5743.13, 5743.15, 5743.18, 5743.33, 5743.34, 5743.35, 5745.01, | 149 |
| 5747.01, 5747.012, 5747.05, 5747.056, 5747.11, 5747.331, 5748.01, | 150 |
| 5748.02, 5751.01, 5751.011, 5751.032, 5751.04, 5751.05, 5751.051, | 151 |
| 5751.10, 5751.20, 5751.21, 5751.22, 5751.53, 5923.05, and 6121.02 | 152 |
| be amended; that sections 117.45 (126.35), 117.46 (126.36), 117.47 | 153 |
| (126.37), 117.48 (126.38), 173.41 (173.394), 5101.93 (5111.178), | 154 |
| 5111.081 (5111.942), 5111.082 (5111.081), 5111.083 (5111.082), | 155 |
| 5111.084 (5111.083), and 5111.085 (5111.084) be amended for the | 156 |
| purpose of adopting new sections numbers as indicated in | 157 |
| parentheses; that new sections 3325.12, 3365.11, and 5111.18 and | 158 |
| sections 124.392, 131.022, 173.27, 307.761, 333.01, 333.02, | 159 |
| 333.03, 333.04, 333.05, 333.06, 333.07, 3310.11, 3310.12, 3314.18, | 160 |
| 3323.143, 3701.046, 3701.79, 4303.207, 4503.105, 5111.0116, | 161 |
| 5111.0117, 5111.0118, 5111.101, 5111.163, 5111.8813, 5111.8814, | 162 |
| 5111.8815, 5111.8816, 5111.8817, 5111.941, 5111.943, 5112.311, | 163 |
| 5123.37, 5123.371, 5123.372, 5123.373, 5123.374, 5123.375, | 164 |
| 5502.261, 5531.101, 5701.11, 5705.211, 5725.222, 5725.98, | 165 |
| 5729.101, 5729.102, 5729.98, 5743.021, 5743.321, 5748.011, and | 166 |
| 5919.19 of the Revised Code be enacted to read as follows: | 167 |
| Sec. 9.41. The | 168 |
|
management | 169 |
| district, general health district, or city school district | 170 |
| thereof, or civil service township, shall not draw, sign, issue, | 171 |
| or authorize the drawing, signing, or issuing of any warrant on | 172 |
| the treasurer of state or other disbursing officer of the state, | 173 |
| or the treasurer or other disbursing officer of any county, city, | 174 |
| or city school district thereof, or civil service township, to pay | 175 |
| any salary or other compensation to any officer, clerk, employee, | 176 |
| or other person in the classified service unless an estimate, | 177 |
| payroll, or account for such salary or compensation containing the | 178 |
| name of each person to be paid, bears the certificate of the | 179 |
| director of administrative services, or in the case of the service | 180 |
| of the city or civil service township, the certificate of the | 181 |
| civil service commission of the city or civil service township, or | 182 |
| in the case of the service of the county, the certificate of the | 183 |
| appointing authority, that the persons named in the estimate, | 184 |
| payroll, or account have been appointed, promoted, reduced, | 185 |
| suspended, or laid off, or are being employed in pursuance of | 186 |
| Chapter 124. of the Revised Code and the rules adopted thereunder. | 187 |
| Where estimates, payrolls, or accounts are prepared by | 188 |
| electronic data processing equipment, the director of | 189 |
| administrative services or the municipal or civil service township | 190 |
| civil service commission may develop methods for controlling the | 191 |
| input or verifying the output of such equipment to ensure | 192 |
| compliance with Chapter 124. of the Revised Code and the rules | 193 |
| adopted thereunder. Any estimates, payrolls, or accounts prepared | 194 |
| by these methods shall be subject to special audit at any time. | 195 |
| Any sum paid contrary to this section may be recovered from | 196 |
| any officer making such payment in contravention of law and of the | 197 |
| rules made in pursuance of law, or from any officer signing, | 198 |
| countersigning, or authorizing the signing or countersigning of | 199 |
| any warrant for the payment of the same, or from the sureties on | 200 |
| 201 | |
| state, maintained by a citizen resident therein. All moneys | 202 |
| recovered in any action brought under this section shall, when | 203 |
| collected, be paid into the state treasury or the treasury of the | 204 |
| appropriate civil division of the state, except that the plaintiff | 205 |
| in any action shall be entitled to recover | 206 |
| taxable costs of such action. | 207 |
| Sec. 9.901. (A)(1) All health care benefits provided to | 208 |
| persons employed by the public schools of this state shall be | 209 |
| provided by medical plans designed pursuant to this section by the | 210 |
| school employees health care board. The board, in consultation | 211 |
| with the superintendent of insurance, shall negotiate with and, in | 212 |
| accordance with the competitive selection procedures of Chapter | 213 |
| 125. of the Revised Code, contract with one or more insurance | 214 |
| companies authorized to do business in this state for the issuance | 215 |
| of the plans. Any or all of the medical plans designed by the | 216 |
| board may be self-insured. All self-insured plans adopted shall be | 217 |
| administered by the board in accordance with this section. As used | 218 |
| in this section, a "public school" means a school in a city, | 219 |
| local, exempted village, or joint vocational school district, and | 220 |
| includes the educational service centers associated with those | 221 |
| schools. | 222 |
| (2) Prior to soliciting proposals from insurance companies | 223 |
| for the issuance of medical plans, the board shall determine what | 224 |
| geographic regions exist in the state based on the availability of | 225 |
| providers, networks, costs, and other factors relating to | 226 |
| providing health care benefits. The board shall then determine | 227 |
| what medical plans are offered by school districts and existing | 228 |
| consortiums in the state. The board shall determine what medical | 229 |
| plan offered by a school district or existing consortium in the | 230 |
| region offers the lowest premium cost plan. | 231 |
| (3) The board shall develop a request for proposals and | 232 |
| solicit bids for medical plans for the school districts in a | 233 |
| region similar to the existing plans. The board shall also | 234 |
| determine the benefits offered by existing medical plans, the | 235 |
| employees' costs, and the cost-sharing arrangements used by public | 236 |
| schools participating in a consortium. The board shall determine | 237 |
| what strategies are used by the existing medical plans to manage | 238 |
| health care costs and shall study the potential benefits of state | 239 |
| or regional consortiums of public schools offering multiple health | 240 |
| care plans. | 241 |
| (4) As used in this section, a "medical plan" includes group | 242 |
| policies, contracts, and agreements that provide hospital, | 243 |
| surgical, or medical expense coverage, including self-insured | 244 |
| plans. A "medical plan" does not include an individual plan | 245 |
| offered to the employees of a public school, or a plan that | 246 |
| provides coverage only for specific disease or accidents, or a | 247 |
| hospital indemnity, medicare supplement, or other plan that | 248 |
| provides only supplemental benefits, paid for by the employees of | 249 |
| a public school. | 250 |
| (B) The school employees health care board is hereby created. | 251 |
| The school employees health care board shall consist of the | 252 |
| following nine members and shall include individuals with | 253 |
| experience with public school benefit programs, health care | 254 |
| industry providers, and medical plan beneficiaries: | 255 |
| (1) Three members appointed by the governor; | 256 |
| (2) Three members appointed by the president of the senate; | 257 |
| (3) Three members appointed by the speaker of the house of | 258 |
| representatives. | 259 |
| A member of the school employees health care board shall not | 260 |
| be employed by, represent, or in any way be affiliated with a | 261 |
| private entity that is providing services to the board, an | 262 |
| individual school district, employers, or employees in the state | 263 |
| of Ohio. | 264 |
| (C)(1) Members of the school employees health care board | 265 |
| shall serve four-year terms; however, one of each of the initial | 266 |
| members appointed under divisions (B)(1) to (3) of this section | 267 |
| shall be appointed to a term of one year. The initial appointments | 268 |
| under this section shall be made within forty-five days after | 269 |
| 270 |
| Members' terms shall end on the | 271 |
| 272 | |
| but a member shall continue to serve subsequent to the expiration | 273 |
| of the member's term until a successor is appointed. Any vacancy | 274 |
| occurring during a member's term shall be filled in the same | 275 |
| manner as the original appointment, except that the person | 276 |
| appointed to fill the vacancy shall be appointed to the remainder | 277 |
| of the unexpired term. | 278 |
| (2) Members shall serve without compensation but shall be | 279 |
| reimbursed from the school employees health care fund for actual | 280 |
| and necessary expenses incurred in the performance of their | 281 |
| official duties as members of the board. | 282 |
| (3) Members may be removed by their appointing authority for | 283 |
| misfeasance, malfeasance, incompetence, dereliction of duty, or | 284 |
| other just cause. | 285 |
| (D)(1) The governor shall call the first meeting of the | 286 |
| school employees health care board. At that meeting, and annually | 287 |
| thereafter, the board shall elect a chairperson and may elect | 288 |
| members to other positions on the board as the board considers | 289 |
| necessary or appropriate. The board shall meet at least four times | 290 |
| each calendar year and shall also meet at the call of the | 291 |
| chairperson or three or more board members. The chairperson shall | 292 |
| provide reasonable advance notice of the time and place of board | 293 |
| meetings to all members. | 294 |
| (2) A majority of the board constitutes a quorum for the | 295 |
| transaction of business at a board meeting. A majority vote of the | 296 |
| members present is necessary for official action. | 297 |
| (E) The school employees health care board shall conduct its | 298 |
| business at open meetings; however, the records of the board are | 299 |
| not public records for purposes of section 149.43 of the Revised | 300 |
| Code. | 301 |
| (F) The school employees health care fund is hereby created | 302 |
| in the state treasury. The public schools shall pay all school | 303 |
| employees health care board plan premiums in the manner prescribed | 304 |
| by the school employees health care board to the board for deposit | 305 |
| into the school employees health care fund. All funds in the | 306 |
| school employees health care fund shall be used solely for the | 307 |
| provision of health care benefits to public schools employees | 308 |
| pursuant to this section and related administrative costs. | 309 |
| Premiums received by the board or insurance companies contracted | 310 |
| pursuant to division (A) of this section are not subject to any | 311 |
| state insurance premium tax. | 312 |
| (G) The school employees health care board shall do all of | 313 |
| the following: | 314 |
| (1) Design multiple medical plans, including regional plans, | 315 |
| to provide, in the board's judgment, the optimal combination of | 316 |
| coverage, cost, choice, and stability of health cost benefits. The | 317 |
| board may establish more than one tier of premium rates for any | 318 |
| medical plan. The board shall establish regions as necessary for | 319 |
| the implementation of the board's medical plans. Plans and premium | 320 |
| rates may vary across the regions established by the board. | 321 |
| (2) Set an aggregate goal for employee and employer portions | 322 |
| of premiums for the board's medical plans so as to manage plan | 323 |
| participation and encourage the use of value-based plan | 324 |
| participation by employees; | 325 |
| (3) Set employer and employee plan copayments, deductibles, | 326 |
| exclusions, limitations, formularies, premium shares, and other | 327 |
| responsibilities; | 328 |
| (4) Include disease management and consumer education | 329 |
| programs, to the extent that the board determines is appropriate, | 330 |
| in all medical plans designed by the board, which programs shall | 331 |
| include, but are not limited to, wellness programs and other | 332 |
| measures designed to encourage the wise use of medical plan | 333 |
| coverage. These programs are not services or treatments for | 334 |
| purposes of section 3901.71 of the Revised Code. | 335 |
| (5) Create and distribute to the governor, the speaker of the | 336 |
| house of representatives, and the president of the senate, an | 337 |
| annual report covering the plan background; plan coverage options; | 338 |
| plan administration, including procedures for monitoring and | 339 |
| managing objectives, scope, and methodology; plan operations; | 340 |
| employee and employer contribution rates and the relationship | 341 |
| between the rates and the school employees health care fund | 342 |
| balance; a means to develop and maintain identity and evaluate | 343 |
| alternative employee and employer cost-sharing strategies; an | 344 |
| evaluation of the effectiveness of cost-saving services and | 345 |
| programs; an evaluation of efforts to control and manage member | 346 |
| eligibility and to insure that proper employee and employer | 347 |
| contributions are remitted to the trust fund; efforts to prevent | 348 |
| and detect fraud; and efforts to manage and monitor board | 349 |
| contracts; | 350 |
| (6) Utilize cost containment measures aligned with patient, | 351 |
| plan, and provider management strategies in developing and | 352 |
| managing medical plans. | 353 |
| (H) The sections in Chapter 3923. of the Revised Code | 354 |
| regulating public employee benefit plans are not applicable to the | 355 |
| medical plans designed pursuant to this section. | 356 |
| (I)(1) Public schools are not subject to this section prior | 357 |
| to the release of medical plans designed pursuant to this section. | 358 |
| (2) Prior to the school employees health care board's release | 359 |
| of the board's initial medical plans, the board shall contract | 360 |
| with an independent consultant to analyze costs related to | 361 |
| employee health care benefits provided by existing school district | 362 |
| plans in this state. The consultant shall determine the benefits | 363 |
| offered by existing medical plans, the employees' costs, and the | 364 |
| cost-sharing arrangements used by public schools either | 365 |
| participating in a consortium or by other means. The consultant | 366 |
| shall determine what strategies are used by the existing medical | 367 |
| plans to manage health care costs and shall study the potential | 368 |
| benefits of state or regional consortiums of public schools | 369 |
| offering multiple health care plans. Based on the findings of the | 370 |
| analysis, the consultant shall submit written recommendations to | 371 |
| the board for the development and implementation of a successful | 372 |
| program for pooling school districts' purchasing power for the | 373 |
| acquisition of employee medical plans. The consultant's | 374 |
| recommendations shall address, at a minimum, all of the following | 375 |
| issues: | 376 |
| (a) The establishment of regions for the provision of medical | 377 |
| plans, based on the availability of providers and plans in the | 378 |
| state at the time that the school employees health care board is | 379 |
| established; | 380 |
| (b) The use of regional preferred provider and closed panel | 381 |
| plans, health savings accounts, and alternative medical plans, to | 382 |
| stabilize both costs and the premiums charged school districts and | 383 |
| district employees; | 384 |
| (c) The development of a system to obtain eligibility data | 385 |
| and data compiled pursuant to the "Consolidated Omnibus Budget | 386 |
| Reconciliation Act of 1985 (COBRA)," 100 Stat. 227, 29 U.S.C. | 387 |
| 1161, as amended; | 388 |
| (d) The use of the competitive bidding process for regional | 389 |
| medical plans; | 390 |
| (e) The development of a timeline planning for the design and | 391 |
| use of board medical plans by not later than December 31, 2007; | 392 |
| (f) The use of information on claims and costs and of | 393 |
| information reported by districts pursuant to COBRA in analyzing | 394 |
| administrative and premium costs; | 395 |
| (g) The experience of states that have mandated statewide | 396 |
| medical plans for public school employees, including the | 397 |
| implementation strategies used by those states; | 398 |
| (h) Recommended strategies for the use of first-year roll-in | 399 |
| premiums in the transition from district medical plans to school | 400 |
| employees health care board plans; | 401 |
| (i) The option of allowing school districts to join an | 402 |
| existing regional consortium as an alternative to school employees | 403 |
| health care board plans; | 404 |
| (j) Mandatory and optional coverages to be offered by the | 405 |
| board's medical plans; | 406 |
| (k) Potential risks to the state from the use of medical | 407 |
| plans developed pursuant to this section; | 408 |
| (l) Any legislation needed to ensure the long-term financial | 409 |
| solvency and stability of a health care purchasing system; | 410 |
| (m) The potential impacts of any changes to the existing | 411 |
| purchasing structure on all of the following: | 412 |
| (i) Existing health care pooling and consortiums; | 413 |
| (ii) School district employees; | 414 |
| (iii) Individual school districts. | 415 |
| (n) Issues that could arise when school districts transition | 416 |
| from the existing purchasing structure to a new purchasing | 417 |
| structure; | 418 |
| (o) Strategies available to the board in the creation of fund | 419 |
| reserves and the need for stop-loss insurance coverage for | 420 |
| catastrophic losses; | 421 |
| (p) Any legislation needed to establish and maintain medical | 422 |
| plans designed pursuant to this section. The consultant shall | 423 |
| submit all legislative recommendations not later than December 31, | 424 |
| 425 | |
| and to the governor, the speaker of the house of representatives, | 426 |
| and the president of the senate. | 427 |
| (3) The public schools health care advisory committee is | 428 |
| hereby created under the school employees health care board. The | 429 |
| committee shall make recommendations to the school employees | 430 |
| health care board related to the board's accomplishment of the | 431 |
| duties assigned to the board under this section. The committee | 432 |
| shall consist of eighteen members. The governor, the speaker of | 433 |
| the house of representatives, and the president of the senate | 434 |
| shall each appoint a representative from the Ohio education | 435 |
| association, the Ohio school boards association, the Ohio | 436 |
| association of school business officials, the Ohio association of | 437 |
| health underwriters, an existing health care consortium serving | 438 |
| public schools, and a health insuring corporation licensed to do | 439 |
| business in Ohio and recommended by the Ohio association of health | 440 |
| plans. The initial appointees shall be appointed to a one-year | 441 |
| term not later than July 31, | 442 |
| on that date. Subsequent one-year appointments, to commence on the | 443 |
| thirty-first day of July of each year, shall be made in the same | 444 |
| manner. A member shall continue to serve subsequent to the | 445 |
| expiration of the member's term until the member's successor is | 446 |
| appointed. Any vacancy occurring during a member's term shall be | 447 |
| filled in the same manner as the original appointment, except that | 448 |
| the person appointed to fill the vacancy shall be appointed to the | 449 |
| remainder of the unexpired term. The governor shall call the first | 450 |
| meeting of each newly appointed committee. At that meeting the | 451 |
| board shall elect a chairperson who shall call the time and place | 452 |
| of future committee meetings. Committee members are not subject to | 453 |
| the conditions for eligibility set by division (B) of this section | 454 |
| for members of the school employees health care board. | 455 |
| (4) The school employees health care board shall submit a | 456 |
| written study to the governor and the general assembly not later | 457 |
| than January | 458 |
| with this section, and on the governance of the school employees | 459 |
| health care board. A copy of the board's plan of operation, | 460 |
| including audit provisions, shall accompany the report on the | 461 |
| board's governance and the report shall include the board's | 462 |
| recommendations on any legislation needed to enforce the | 463 |
| recommendations of the board on implementing the provisions of | 464 |
| this section. | 465 |
| (5) Not later than January 15, 2009, and not later than the | 466 |
| same day of each subsequent year, the school employees health care | 467 |
| board shall submit a written report to the governor and each | 468 |
| member of the general assembly, which report evaluates the | 469 |
| performance of school employees health care board medical plans | 470 |
| during the previous year. Districts offering employee health care | 471 |
| benefits through a plan offered by a consortium of two or more | 472 |
| districts, or a consortium of one or more districts and one or | 473 |
| more political subdivisions as defined in section 9.833 of the | 474 |
| Revised Code, representing five thousand or more employees as of | 475 |
| January 1, 2005, may request permission from the school employees | 476 |
| health care board to continue offering consortium plans to the | 477 |
| districts' employees at the discretion of the board. If the board | 478 |
| grants permission, the permission is valid for only one year but | 479 |
| may be renewed annually thereafter upon application to an approval | 480 |
| of the board. The board shall grant initial or continued approval | 481 |
| upon finding, based on an actuarial evaluation of the existing | 482 |
| consortium plan offerings, that benefit design, premium costs, | 483 |
| administrative cost, and other factors considered by the board are | 484 |
| equivalent to or lower than comparable costs of the board's plan | 485 |
| options offered to the local district. Age and gender adjustments, | 486 |
| benefit comparison adjustments, and the total cost of the | 487 |
| consortium plan, including administration, benefit cost, stop-loss | 488 |
| insurance, and all other expenses or information requested by the | 489 |
| board shall be presented to the board prior to the board's | 490 |
| decision to allow a local district to continue to offer health | 491 |
| care benefits under a consortium plan. A district shall not | 492 |
| participate in the consortium plan once the district has chosen to | 493 |
| offer plans designed by the board to the district's employees and | 494 |
| begins premium payments for deposit into the school employees | 495 |
| health care fund. | 496 |
| (6) Any districts providing medical plan coverage for the | 497 |
| employees of public schools, or that have provided coverage within | 498 |
| two years prior to | 499 |
| 29, 2005, shall provide nonidentifiable aggregate claims data for | 500 |
| the coverage to the school employees health care board or the | 501 |
| department of administrative services, without charge, within | 502 |
| thirty days after receiving a written request from the board or | 503 |
| the department. The claims data shall include data relating to | 504 |
| employee group benefit sets, demographics, and claims experience. | 505 |
| (J) The school employees health care board may contract with | 506 |
| other state agencies as the board deems necessary for the | 507 |
| implementation and operation of this section, based on | 508 |
| demonstrated experience and expertise in administration, | 509 |
| management, data handling, actuarial studies, quality assurance, | 510 |
| or other needed services. The school employees health care board | 511 |
| shall contract with the department of administrative services for | 512 |
| central services until the board is able to obtain such services | 513 |
| from other sources. The board shall reimburse the department of | 514 |
| administrative services for the reasonable cost of those services. | 515 |
| (K) The board's administrative functions shall include, but | 516 |
| are not limited to, the following: | 517 |
| (1) Maintaining reserves in the school employees health care | 518 |
| fund, reinsurance, and other measures that in the judgment of the | 519 |
| board will result in the long-term stability and solvency of the | 520 |
| medical plans designed by the board. The board shall bill school | 521 |
| districts, in proportion to a district's premium payments to all | 522 |
| premium payments paid into the school employees health care fund | 523 |
| during the previous year, in order to maintain necessary reserves, | 524 |
| reinsurance, and administrative and operating funds. Each school | 525 |
| district contributing to a board medical plan shall share any | 526 |
| losses due to the expense of claims paid by the plan. In the event | 527 |
| of a loss, the board may bill each district an amount, in | 528 |
| proportion to the district's premium payments to all premium | 529 |
| payments paid into the school employees health care fund during | 530 |
| the previous year, sufficient in total to cover the loss. The | 531 |
| state is not liable for any obligations of the school employees | 532 |
| health care board or the school employees health care fund, or for | 533 |
| expenses of public schools or school districts related to the | 534 |
| board's medical plans. | 535 |
| (2) Providing health care information, wellness programs, and | 536 |
| other preventive health care measures to medical plan | 537 |
| beneficiaries, to the extent that the board determines to be | 538 |
| appropriate; | 539 |
| (3) Coordinating contracts for services related to the | 540 |
| board's medical plans. Contracts shall be approved by the school | 541 |
| employees health care board. | 542 |
| (L) Not less than ninety days before coverage begins for | 543 |
| public school employees under medical plans designed by the school | 544 |
| employees health care board, a school district's board of | 545 |
| education shall provide detailed information about the medical | 546 |
| plans to the employees. | 547 |
| (M) Nothing in this section shall be construed as prohibiting | 548 |
| public schools or school districts from consulting with and | 549 |
| compensating insurance agents and brokers for professional | 550 |
| services. | 551 |
| (N) The department of administrative services shall report to | 552 |
| the governor, the speaker of the house of representatives, and the | 553 |
| president of the senate | 554 |
| 555 | |
| feasibility of achieving all of the following: | 556 |
| (1) Designing multiple medical plans to cover persons | 557 |
| employed by public institutions of higher education that achieve | 558 |
| an optimal combination of coverage, cost, choice, and stability, | 559 |
| which plans include both state and regional preferred provider | 560 |
| plans, set employee and employer premiums, and set employee plan | 561 |
| copayments, deductibles, exclusions, limitations, formularies, and | 562 |
| other responsibilities. For this purpose, "public institutions of | 563 |
| higher education" include, without limitation, state universities | 564 |
| and colleges, state community college districts, community college | 565 |
| districts, university branch districts, technical college | 566 |
| districts, and municipal universities. | 567 |
| (2) Maintaining reserves, reinsurance, and other measures to | 568 |
| insure the long-term stability and solvency of the medical plans; | 569 |
| (3) Providing appropriate health care information, wellness | 570 |
| programs, and other preventive health care measures to medical | 571 |
| plan beneficiaries; | 572 |
| (4) Coordinating contracts for services related to the | 573 |
| medical plans. | 574 |
| Sec. 101.543. | 575 |
| to produce an electronic record that is accessible to the public. | 576 |
| The daily journals of the senate and house of representatives | 577 |
| 578 | |
| of the
general assembly | 579 |
| 580 | |
| 581 | |
| the daily journals shall be retained for use in printing the final | 582 |
| journals. | 583 |
| The final journals and appendixes of the senate and house of | 584 |
| representatives | 585 |
| adjournment sine die and be bound in half law binding. The | 586 |
| respective journal of each house and its proper appendix shall | 587 |
| compose one volume unless the clerk of the senate or clerk of the | 588 |
| house of representatives, as the case may be, directs that they be | 589 |
| bound in separate volumes. | 590 |
| Sec. 107.40. (A) There is hereby created the governor's | 591 |
| residence advisory commission. The commission shall provide for | 592 |
| the preservation, restoration, acquisition, and conservation of | 593 |
| all decorations, objects of art, chandeliers, china, silver, | 594 |
| statues, paintings, furnishings, accouterments, and other | 595 |
| aesthetic materials that have been acquired, donated, loaned, or | 596 |
| otherwise obtained by the state for the governor's residence and | 597 |
| that have been approved by the commission. In addition, the | 598 |
| commission shall provide for the maintenance of plants that have | 599 |
| been acquired, donated, loaned, or otherwise obtained by the state | 600 |
| for the governor's residence and that have been approved by the | 601 |
| commission. | 602 |
| (B) The commission shall be responsible for the care, | 603 |
| provision, repair, and placement of furnishings and other objects | 604 |
| and accessories of the grounds and public areas of the first story | 605 |
| of the governor's residence and for the care and placement of | 606 |
| plants on the grounds. In exercising this responsibility, the | 607 |
| commission shall preserve
and seek to further establish | 608 |
| of the following: | 609 |
| (1) The authentic ambiance and decor of the historic era | 610 |
| during which the governor's residence was
constructed | 611 |
| (2) The grounds as a representation of Ohio's natural | 612 |
| ecosystems. | 613 |
| These duties shall not affect the obligation of the | 614 |
| department of administrative services to provide for the general | 615 |
| maintenance and operating expenses of the governor's residence. | 616 |
| (C) The commission shall
consist of | 617 |
| member shall be the director of administrative services or the | 618 |
| director's designee, who shall serve during the director's term of | 619 |
| office and shall serve as chairperson. One member shall be the | 620 |
| director of the Ohio historical society or the director's | 621 |
| designee, who shall serve during the director's term of office and | 622 |
| shall serve as vice-chairperson. One member shall represent the | 623 |
| Columbus landmarks foundation. One member shall represent the | 624 |
| Bexley historical society. One member shall be the mayor of the | 625 |
| city of Bexley, who shall serve during the mayor's term of office. | 626 |
| One member shall be the chief executive officer of the Franklin | 627 |
| park conservatory joint recreation district, who shall serve | 628 |
| during the term of employment as chief executive officer. The | 629 |
| remaining five members shall be appointed by the governor with the | 630 |
| advice and consent of the senate. The five members appointed by | 631 |
| the governor shall be persons with knowledge of Ohio history, | 632 |
| architecture, decorative arts, or historic preservation, and one | 633 |
| of those members shall have knowledge of landscape architecture, | 634 |
| garden design, horticulture, and plants native to this state. | 635 |
| (D) Of the initial appointees, the representative of the | 636 |
| Columbus landmarks foundation shall serve for a term expiring | 637 |
| December 31, 1996, and the representative of the Bexley historical | 638 |
| society shall serve for a term expiring December 31, 1997. Of the | 639 |
| five members appointed by the governor, three shall serve for | 640 |
| terms ending December 31, 1998, and two shall serve for terms | 641 |
| ending December 31, 1999. Thereafter, each term shall be for four | 642 |
| years, commencing on the first day of January and ending on the | 643 |
| last day of December. | 644 |
| landscape architecture, garden design, horticulture, and plants | 645 |
| native to this state initially shall be appointed upon the first | 646 |
| vacancy on the commission occurring on or after the effective date | 647 |
| of this amendment. | 648 |
| Each member shall hold office from the date of the member's | 649 |
| appointment until the end of the term for which the member was | 650 |
| appointed. Any member appointed to fill a vacancy occurring prior | 651 |
| to the end of the term for which the member's predecessor was | 652 |
| appointed shall hold office for the remainder of the term. Any | 653 |
| member shall continue in office subsequent to the expiration of | 654 |
| the term until the member's successor takes office. | 655 |
| (E) | 656 |
| and the affirmative vote of | 657 |
| approval of any action by the commission. | 658 |
| (F) After each initial member of the commission has been | 659 |
| appointed, the commission shall meet and select one member as | 660 |
| secretary and another as treasurer. Organizational meetings of the | 661 |
| commission shall be held at the time and place designated by call | 662 |
| of the chairperson. Meetings of the commission may be held | 663 |
| anywhere in the state and shall be in compliance with Chapters | 664 |
| 121. and 149. of the Revised Code. The commission may adopt, | 665 |
| pursuant to section 111.15 of the Revised Code, rules necessary to | 666 |
| carry out the purposes of this section. | 667 |
| (G) Members of the commission shall serve without | 668 |
| remuneration, but shall be compensated for actual and necessary | 669 |
| expenses incurred in the performance of their official duties. | 670 |
| (H) All expenses incurred in carrying out this section are | 671 |
| payable solely from money accrued under this section or | 672 |
| appropriated for these purposes by the general assembly, and the | 673 |
| commission shall incur no liability or obligation beyond such | 674 |
| money. | 675 |
| (I) The commission may accept any donation, gift, bequest, or | 676 |
| devise for the governor's residence or as an endowment for the | 677 |
| maintenance and care of the garden on the grounds of the | 678 |
| governor's residence in furtherance of its duties. Any revenue | 679 |
| received by the commission shall be deposited into the governor's | 680 |
| residence fund, which is hereby established in the state treasury, | 681 |
| for use by the commission in accordance with the performance of | 682 |
| its duties. All investment earnings of the fund shall be credited | 683 |
| to the fund. Title to all property acquired by the commission | 684 |
| shall be taken in the name of the state and shall be held for the | 685 |
| use and benefit of the commission. | 686 |
| (J) Nothing in this section limits the ability of a person or | 687 |
| other entity to purchase decorations, objects of art, chandeliers, | 688 |
| china, silver, statues, paintings, furnishings, accouterments, | 689 |
| plants, or other aesthetic materials for placement in the | 690 |
| governor's residence or on the grounds of the governor's residence | 691 |
| or donation to the commission. No such object or plant, however, | 692 |
| shall be placed on the grounds or public areas of the first story | 693 |
| of the governor's residence without the consent of the commission. | 694 |
| Sec. 109.57. (A)(1) The superintendent of the bureau of | 695 |
| criminal identification and investigation shall procure from | 696 |
| wherever procurable and file for record photographs, pictures, | 697 |
| descriptions, fingerprints, measurements, and other information | 698 |
| that may be pertinent of all persons who have been convicted of | 699 |
| committing within this state a felony, any crime constituting a | 700 |
| misdemeanor on the first offense and a felony on subsequent | 701 |
| offenses, or any misdemeanor described in division (A)(1)(a) of | 702 |
| section 109.572 of the Revised Code, of all children under | 703 |
| eighteen years of age who have been adjudicated delinquent | 704 |
| children for committing within this state an act that would be a | 705 |
| felony or an offense of violence if committed by an adult or who | 706 |
| have been convicted of or pleaded guilty to committing within this | 707 |
| state a felony or an offense of violence, and of all well-known | 708 |
| and habitual criminals. The person in charge of any county, | 709 |
| multicounty, municipal, municipal-county, or multicounty-municipal | 710 |
| jail or workhouse, community-based correctional facility, halfway | 711 |
| house, alternative residential facility, or state correctional | 712 |
| institution and the person in charge of any state institution | 713 |
| having custody of a person suspected of having committed a felony, | 714 |
| any crime constituting a misdemeanor on the first offense and a | 715 |
| felony on subsequent offenses, or any misdemeanor described in | 716 |
| division (A)(1)(a) of section 109.572 of the Revised Code or | 717 |
| having custody of a child under eighteen years of age with respect | 718 |
| to whom there is probable cause to believe that the child may have | 719 |
| committed an act that would be a felony or an offense of violence | 720 |
| if committed by an adult shall furnish such material to the | 721 |
| superintendent of the bureau. Fingerprints, photographs, or other | 722 |
| descriptive information of a child who is under eighteen years of | 723 |
| age, has not been arrested or otherwise taken into custody for | 724 |
| committing an act that would be a felony or an offense of violence | 725 |
| if committed by an adult, has not been adjudicated a delinquent | 726 |
| child for committing an act that would be a felony or an offense | 727 |
| of violence if committed by an adult, has not been convicted of or | 728 |
| pleaded guilty to committing a felony or an offense of violence, | 729 |
| and is not a child with respect to whom there is probable cause to | 730 |
| believe that the child may have committed an act that would be a | 731 |
| felony or an offense of violence if committed by an adult shall | 732 |
| not be procured by the superintendent or furnished by any person | 733 |
| in charge of any county, multicounty, municipal, municipal-county, | 734 |
| or multicounty-municipal jail or workhouse, community-based | 735 |
| correctional facility, halfway house, alternative residential | 736 |
| facility, or state correctional institution, except as authorized | 737 |
| in section 2151.313 of the Revised Code. | 738 |
| (2) Every clerk of a court of record in this state, other | 739 |
| than the supreme court or a court of appeals, shall send to the | 740 |
| superintendent of the bureau a weekly report containing a summary | 741 |
| of each case involving a felony, involving any crime constituting | 742 |
| a misdemeanor on the first offense and a felony on subsequent | 743 |
| offenses, involving a misdemeanor described in division (A)(1)(a) | 744 |
| of section 109.572 of the Revised Code, or involving an | 745 |
| adjudication in a case in which a child under eighteen years of | 746 |
| age was alleged to be a delinquent child for committing an act | 747 |
| that would be a felony or an offense of violence if committed by | 748 |
| an adult. The clerk of the court of common pleas shall include in | 749 |
| the report and summary the clerk sends under this division all | 750 |
| information described in divisions (A)(2)(a) to (f) of this | 751 |
| section regarding a case before the court of appeals that is | 752 |
| served by that clerk. The summary shall be written on the standard | 753 |
| forms furnished by the superintendent pursuant to division (B) of | 754 |
| this section and shall include the following information: | 755 |
| (a) The incident tracking number contained on the standard | 756 |
| forms furnished by the superintendent pursuant to division (B) of | 757 |
| this section; | 758 |
| (b) The style and number of the case; | 759 |
| (c) The date of arrest; | 760 |
| (d) The date that the person was convicted of or pleaded | 761 |
| guilty to the offense, adjudicated a delinquent child for | 762 |
| committing the act that would be a felony or an offense of | 763 |
| violence if committed by an adult, found not guilty of the | 764 |
| offense, or found not to be a delinquent child for committing an | 765 |
| act that would be a felony or an offense of violence if committed | 766 |
| by an adult, the date of an entry dismissing the charge, an entry | 767 |
| declaring a mistrial of the offense in which the person is | 768 |
| discharged, an entry finding that the person or child is not | 769 |
| competent to stand trial, or an entry of a nolle prosequi, or the | 770 |
| date of any other determination that constitutes final resolution | 771 |
| of the case; | 772 |
| (e) A statement of the original charge with the section of | 773 |
| the Revised Code that was alleged to be violated; | 774 |
| (f) If the person or child was convicted, pleaded guilty, or | 775 |
| was adjudicated a delinquent child, the sentence or terms of | 776 |
| probation imposed or any other disposition of the offender or the | 777 |
| delinquent child. | 778 |
| If the offense involved the disarming of a law enforcement | 779 |
| officer or an attempt to disarm a law enforcement officer, the | 780 |
| clerk shall clearly state that fact in the summary, and the | 781 |
| superintendent shall ensure that a clear statement of that fact is | 782 |
| placed in the bureau's records. | 783 |
| (3) The superintendent shall cooperate with and assist | 784 |
| sheriffs, chiefs of police, and other law enforcement officers in | 785 |
| the establishment of a complete system of criminal identification | 786 |
| and in obtaining fingerprints and other means of identification of | 787 |
| all persons arrested on a charge of a felony, any crime | 788 |
| constituting a misdemeanor on the first offense and a felony on | 789 |
| subsequent offenses, or a misdemeanor described in division | 790 |
| (A)(1)(a) of section 109.572 of the Revised Code and of all | 791 |
| children under eighteen years of age arrested or otherwise taken | 792 |
| into custody for committing an act that would be a felony or an | 793 |
| offense of violence if committed by an adult. The superintendent | 794 |
| also shall file for record the fingerprint impressions of all | 795 |
| persons confined in a county, multicounty, municipal, | 796 |
| municipal-county, or multicounty-municipal jail or workhouse, | 797 |
| community-based correctional facility, halfway house, alternative | 798 |
| residential facility, or state correctional institution for the | 799 |
| violation of state laws and of all children under eighteen years | 800 |
| of age who are confined in a county, multicounty, municipal, | 801 |
| municipal-county, or multicounty-municipal jail or workhouse, | 802 |
| community-based correctional facility, halfway house, alternative | 803 |
| residential facility, or state correctional institution or in any | 804 |
| facility for delinquent children for committing an act that would | 805 |
| be a felony or an offense of violence if committed by an adult, | 806 |
| and any other information that the superintendent may receive from | 807 |
| law enforcement officials of the state and its political | 808 |
| subdivisions. | 809 |
| (4) The superintendent shall carry out Chapter 2950. of the | 810 |
| Revised Code with respect to the registration of persons who are | 811 |
| convicted of or plead guilty to either a sexually oriented offense | 812 |
| that is not a registration-exempt sexually oriented offense or a | 813 |
| child-victim oriented offense and with respect to all other duties | 814 |
| imposed on the bureau under that chapter. | 815 |
| (5) The bureau shall perform centralized recordkeeping | 816 |
| functions for criminal history records and services in this state | 817 |
| for purposes of the national crime prevention and privacy compact | 818 |
| set forth in section 109.571 of the Revised Code and is the | 819 |
| criminal history record repository as defined in that section for | 820 |
| purposes of that compact. The superintendent or the | 821 |
| superintendent's designee is the compact officer for purposes of | 822 |
| that compact and shall carry out the responsibilities of the | 823 |
| compact officer specified in that compact. | 824 |
| (B) The superintendent shall prepare and furnish to every | 825 |
| county, multicounty, municipal, municipal-county, or | 826 |
| multicounty-municipal jail or workhouse, community-based | 827 |
| correctional facility, halfway house, alternative residential | 828 |
| facility, or state correctional institution and to every clerk of | 829 |
| a court in this state specified in division (A)(2) of this section | 830 |
| standard forms for reporting the information required under | 831 |
| division (A) of this section. The standard forms that the | 832 |
| superintendent prepares pursuant to this division may be in a | 833 |
| tangible format, in an electronic format, or in both tangible | 834 |
| formats and electronic formats. | 835 |
| (C) The superintendent may operate a center for electronic, | 836 |
| automated, or other data processing for the storage and retrieval | 837 |
| of information, data, and statistics pertaining to criminals and | 838 |
| to children under eighteen years of age who are adjudicated | 839 |
| delinquent children for committing an act that would be a felony | 840 |
| or an offense of violence if committed by an adult, criminal | 841 |
| activity, crime prevention, law enforcement, and criminal justice, | 842 |
| and may establish and operate a statewide communications network | 843 |
| to gather and disseminate information, data, and statistics for | 844 |
| the use of law enforcement agencies. The superintendent may | 845 |
| gather, store, retrieve, and disseminate information, data, and | 846 |
| statistics that pertain to children who are under eighteen years | 847 |
| of age and that are gathered pursuant to sections 109.57 to 109.61 | 848 |
| of the Revised Code together with information, data, and | 849 |
| statistics that pertain to adults and that are gathered pursuant | 850 |
| to those sections. In addition to any other authorized use of | 851 |
| information, data, and statistics of that nature, the | 852 |
| superintendent or the superintendent's designee may provide and | 853 |
| exchange the information, data, and statistics pursuant to the | 854 |
| national crime prevention and privacy compact as described in | 855 |
| division (A)(5) of this section. | 856 |
| (D) The information and materials furnished to the | 857 |
| superintendent pursuant to division (A) of this section and | 858 |
| information and materials furnished to any board or person under | 859 |
| division (F) or (G) of this section are not public records under | 860 |
| section 149.43 of the Revised Code. | 861 |
| (E) The attorney general shall adopt rules, in accordance | 862 |
| with Chapter 119. of the Revised Code, setting forth the procedure | 863 |
| by which a person may receive or release information gathered by | 864 |
| the superintendent pursuant to division (A) of this section. A | 865 |
| reasonable fee may be charged for this service. If a temporary | 866 |
| employment service submits a request for a determination of | 867 |
| whether a person the service plans to refer to an employment | 868 |
| position has been convicted of or pleaded guilty to an offense | 869 |
| listed in division (A)(1), (3), (4), (5), or (6) of section | 870 |
| 109.572 of the Revised Code, the request shall be treated as a | 871 |
| single request and only one fee shall be charged. | 872 |
| (F)(1) As used in division (F)(2) of this section, "head | 873 |
| start agency" means an entity in this state that has been approved | 874 |
| to be an agency for purposes of subchapter II of the "Community | 875 |
| Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831, | 876 |
| as amended. | 877 |
| (2)(a) In addition to or in conjunction with any request that | 878 |
| is required to be made under section 109.572, 2151.86, 3301.32, | 879 |
| 3301.541, 3319.39, 3701.881, 5104.012, 5104.013, 5123.081, | 880 |
| 5126.28, 5126.281, or 5153.111 of the Revised Code, the board of | 881 |
| education of any school district; the director of mental | 882 |
| retardation and developmental disabilities; any county board of | 883 |
| mental retardation and developmental disabilities; any entity | 884 |
| under contract with a county board of mental retardation and | 885 |
| developmental disabilities; the chief administrator of any | 886 |
| chartered nonpublic school; the chief administrator of any home | 887 |
| health agency; the chief administrator of or person operating any | 888 |
| child day-care center, type A family day-care home, or type B | 889 |
| family day-care home licensed or certified under Chapter 5104. of | 890 |
| the Revised Code; the administrator of any type C family day-care | 891 |
| home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st | 892 |
| general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st | 893 |
| general assembly; the chief administrator of any head start | 894 |
| agency; or the executive director of a public children services | 895 |
| agency may request that the superintendent of the bureau | 896 |
| investigate and determine, with respect to any individual who has | 897 |
| applied for employment in any position after October 2, 1989, or | 898 |
| any individual wishing to apply for employment with a board of | 899 |
| education may request, with regard to the individual, whether the | 900 |
| bureau has any information gathered under division (A) of this | 901 |
| section that pertains to that individual. On receipt of the | 902 |
| request, the superintendent shall determine whether that | 903 |
| information exists and, upon request of the person, board, or | 904 |
| entity requesting information, also shall request from the federal | 905 |
| bureau of investigation any criminal records it has pertaining to | 906 |
| that individual. The superintendent or the superintendent's | 907 |
| designee also may request criminal history records from other | 908 |
| states or the federal government pursuant to the national crime | 909 |
| prevention and privacy compact set forth in section 109.571 of the | 910 |
| Revised Code. Within thirty days of the date that the | 911 |
| superintendent receives a request, the superintendent shall send | 912 |
| to the board, entity, or person a report of any information that | 913 |
| the superintendent determines exists, including information | 914 |
| contained in records that have been sealed under section 2953.32 | 915 |
| of the Revised Code, and, within thirty days of its receipt, shall | 916 |
| send the board, entity, or person a report of any information | 917 |
| received from the federal bureau of investigation, other than | 918 |
| information the dissemination of which is prohibited by federal | 919 |
| law. | 920 |
| (b) When a board of education is required to receive | 921 |
| information under this section as a prerequisite to employment of | 922 |
| an individual pursuant to section 3319.39 of the Revised Code, it | 923 |
| may accept a certified copy of records that were issued by the | 924 |
| bureau of criminal identification and investigation and that are | 925 |
| presented by an individual applying for employment with the | 926 |
| district in lieu of requesting that information itself. In such a | 927 |
| case, the board shall accept the certified copy issued by the | 928 |
| bureau in order to make a photocopy of it for that individual's | 929 |
| employment application documents and shall return the certified | 930 |
| copy to the individual. In a case of that nature, a district only | 931 |
| shall accept a certified copy of records of that nature within one | 932 |
| year after the date of their issuance by the bureau. | 933 |
| (3) The state board of education may request, with respect to | 934 |
| any individual who has applied for employment after October 2, | 935 |
| 1989, in any position with the state board or the department of | 936 |
| education, any information that a school district board of | 937 |
| education is authorized to request under division (F)(2) of this | 938 |
| section, and the superintendent of the bureau shall proceed as if | 939 |
| the request has been received from a school district board of | 940 |
| education under division (F)(2) of this section. | 941 |
| (4) When the superintendent of the bureau receives a request | 942 |
| for information under section 3319.291 of the Revised Code, the | 943 |
| superintendent shall proceed as if the request has been received | 944 |
| from a school district board of education under division (F)(2) of | 945 |
| this section. | 946 |
| (5) When a recipient of a classroom reading improvement grant | 947 |
| paid under section 3301.86 of the Revised Code requests, with | 948 |
| respect to any individual who applies to participate in providing | 949 |
| any program or service funded in whole or in part by the grant, | 950 |
| the information that a school district board of education is | 951 |
| authorized to request under division (F)(2)(a) of this section, | 952 |
| the superintendent of the bureau shall proceed as if the request | 953 |
| has been received from a school district board of education under | 954 |
| division (F)(2)(a) of this section. | 955 |
| (G) In addition to or in conjunction with any request that is | 956 |
| required to be made under section | 957 |
| 3721.121, or 3722.151 of the Revised Code with respect to an | 958 |
| individual who has applied for employment in a position that | 959 |
| involves providing direct care to an older adult, the chief | 960 |
|
administrator of a | 961 |
| 962 | |
| 963 | |
| under Chapter 3721. of the Revised Code, adult day-care program | 964 |
| operated pursuant to rules adopted under section 3721.04 of the | 965 |
| Revised Code, or adult care facility may request that the | 966 |
| superintendent of the bureau investigate and determine, with | 967 |
| respect to any individual who has applied after January 27, 1997, | 968 |
| for employment in a position that does not involve providing | 969 |
| direct care to an older adult, whether the bureau has any | 970 |
| information gathered under division (A) of this section that | 971 |
| pertains
to that individual. | 972 |
| In addition to or in conjunction with any request that is | 973 |
| required to be made under section 173.27 of the Revised Code with | 974 |
| respect to an individual who has applied for employment in a | 975 |
| position that involves providing ombudsperson services to | 976 |
| residents of long-term care facilities or recipients of | 977 |
| community-based long-term care services, the state long-term care | 978 |
| ombudsperson, ombudsperson's designee, or director of health may | 979 |
| request that the superintendent investigate and determine, with | 980 |
| respect to any individual who has applied for employment in a | 981 |
| position that does not involve providing such ombudsperson | 982 |
| services, whether the bureau has any information gathered under | 983 |
| division (A) of this section that pertains to that applicant. | 984 |
| In addition to or in conjunction with any request that is | 985 |
| required to be made under section 173.394 of the Revised Code with | 986 |
| respect to an individual who has applied for employment in a | 987 |
| position that involves providing direct care to an individual, the | 988 |
| chief administrator of a community-based long-term care agency may | 989 |
| request that the superintendent investigate and determine, with | 990 |
| respect to any individual who has applied for employment in a | 991 |
| position that does not involve providing direct care, whether the | 992 |
| bureau has any information gathered under division (A) of this | 993 |
| section that pertains to that applicant. | 994 |
| On receipt of | 995 |
| superintendent shall determine whether that information exists | 996 |
|
and, on request of the | 997 |
| information, shall also request from the federal bureau of | 998 |
| investigation any
criminal records it has pertaining to | 999 |
| 1000 | |
| superintendent's designee also may request criminal history | 1001 |
| records from other states or the federal government pursuant to | 1002 |
| the national crime prevention and privacy compact set forth in | 1003 |
| section 109.571 of the Revised Code. Within thirty days of the | 1004 |
| date a request is received, the superintendent shall send to the | 1005 |
| 1006 | |
| exist, including information contained in records that have been | 1007 |
| sealed under section 2953.32 of the Revised Code, and, within | 1008 |
| thirty days of its
receipt, shall send the | 1009 |
| a report of any information received from the federal bureau of | 1010 |
| investigation, other than information the dissemination of which | 1011 |
| is prohibited by federal law. | 1012 |
| (H) Information obtained by a | 1013 |
| government entity or | 1014 |
| confidential and shall not be released or disseminated. | 1015 |
| (I) The superintendent may charge a reasonable fee for | 1016 |
| providing information or criminal records under division (F)(2) or | 1017 |
| (G) of this section. | 1018 |
| Sec. 109.572. (A)(1) Upon receipt of a request pursuant to | 1019 |
| section 121.08, 3301.32, 3301.541, 3319.39, 5104.012, 5104.013, or | 1020 |
| 5153.111 of the Revised Code, a completed form prescribed pursuant | 1021 |
| to division (C)(1) of this section, and a set of fingerprint | 1022 |
| impressions obtained in the manner described in division (C)(2) of | 1023 |
| this section, the superintendent of the bureau of criminal | 1024 |
| identification and investigation shall conduct a criminal records | 1025 |
| check in the manner described in division (B) of this section to | 1026 |
| determine whether any information exists that indicates that the | 1027 |
| person who is the subject of the request previously has been | 1028 |
| convicted of or pleaded guilty to any of the following: | 1029 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 1030 |
| 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 1031 |
| 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, | 1032 |
| 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, | 1033 |
| 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, | 1034 |
| 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, | 1035 |
| 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, | 1036 |
| 2925.06, or 3716.11 of the Revised Code, felonious sexual | 1037 |
| penetration in violation of former section 2907.12 of the Revised | 1038 |
| Code, a violation of section 2905.04 of the Revised Code as it | 1039 |
| existed prior to July 1, 1996, a violation of section 2919.23 of | 1040 |
| the Revised Code that would have been a violation of section | 1041 |
| 2905.04 of the Revised Code as it existed prior to July 1, 1996, | 1042 |
| had the violation been committed prior to that date, or a | 1043 |
| violation of section 2925.11 of the Revised Code that is not a | 1044 |
| minor drug possession offense; | 1045 |
| (b) A violation of an existing or former law of this state, | 1046 |
| any other state, or the United States that is substantially | 1047 |
| equivalent to any of the offenses listed in division (A)(1)(a) of | 1048 |
| this section. | 1049 |
| (2) On receipt of a request pursuant to section 5123.081 of | 1050 |
| the Revised Code with respect to an applicant for employment in | 1051 |
| any position with the department of mental retardation and | 1052 |
| developmental disabilities, pursuant to section 5126.28 of the | 1053 |
| Revised Code with respect to an applicant for employment in any | 1054 |
| position with a county board of mental retardation and | 1055 |
| developmental disabilities, or pursuant to section 5126.281 of the | 1056 |
| Revised Code with respect to an applicant for employment in a | 1057 |
| direct services position with an entity contracting with a county | 1058 |
| board for employment, a completed form prescribed pursuant to | 1059 |
| division (C)(1) of this section, and a set of fingerprint | 1060 |
| impressions obtained in the manner described in division (C)(2) of | 1061 |
| this section, the superintendent of the bureau of criminal | 1062 |
| identification and investigation shall conduct a criminal records | 1063 |
| check. The superintendent shall conduct the criminal records check | 1064 |
| in the manner described in division (B) of this section to | 1065 |
| determine whether any information exists that indicates that the | 1066 |
| person who is the subject of the request has been convicted of or | 1067 |
| pleaded guilty to any of the following: | 1068 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 1069 |
| 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 1070 |
| 2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, | 1071 |
| 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, | 1072 |
| 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, | 1073 |
| 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, | 1074 |
| 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, | 1075 |
| 2925.03, or 3716.11 of the Revised Code; | 1076 |
| (b) An existing or former municipal ordinance or law of this | 1077 |
| state, any other state, or the United States that is substantially | 1078 |
| equivalent to any of the offenses listed in division (A)(2)(a) of | 1079 |
| this section. | 1080 |
| (3) On receipt of a request pursuant to section | 1081 |
| 173.27, 173.394, 3712.09, 3721.121, or 3722.151 of the Revised | 1082 |
| Code, a completed form prescribed pursuant to division (C)(1) of | 1083 |
| this section, and a set of fingerprint impressions obtained in the | 1084 |
| manner described in division (C)(2) of this section, the | 1085 |
| superintendent of the bureau of criminal identification and | 1086 |
| investigation shall conduct a criminal records check with respect | 1087 |
| to any person who has applied for employment in a position | 1088 |
| 1089 | |
| criminal records check is required by those sections. The | 1090 |
| superintendent shall conduct the criminal records check in the | 1091 |
| manner described in division (B) of this section to determine | 1092 |
| whether any information exists that indicates that the person who | 1093 |
| is the subject of the request previously has been convicted of or | 1094 |
| pleaded guilty to any of the following: | 1095 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 1096 |
| 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 1097 |
| 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, | 1098 |
| 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, | 1099 |
| 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, | 1100 |
| 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, | 1101 |
| 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, | 1102 |
| 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, | 1103 |
| 2925.22, 2925.23, or 3716.11 of the Revised Code; | 1104 |
| (b) An existing or former law of this state, any other state, | 1105 |
| or the United States that is substantially equivalent to any of | 1106 |
| the offenses listed in division (A)(3)(a) of this section. | 1107 |
| (4) On receipt of a request pursuant to section 3701.881 of | 1108 |
| the Revised Code with respect to an applicant for employment with | 1109 |
| a home health agency as a person responsible for the care, | 1110 |
| custody, or control of a child, a completed form prescribed | 1111 |
| pursuant to division (C)(1) of this section, and a set of | 1112 |
| fingerprint impressions obtained in the manner described in | 1113 |
| division (C)(2) of this section, the superintendent of the bureau | 1114 |
| of criminal identification and investigation shall conduct a | 1115 |
| criminal records check. The superintendent shall conduct the | 1116 |
| criminal records check in the manner described in division (B) of | 1117 |
| this section to determine whether any information exists that | 1118 |
| indicates that the person who is the subject of the request | 1119 |
| previously has been convicted of or pleaded guilty to any of the | 1120 |
| following: | 1121 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 1122 |
| 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 1123 |
| 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, | 1124 |
| 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, | 1125 |
| 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, | 1126 |
| 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, | 1127 |
| 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, | 1128 |
| 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a | 1129 |
| violation of section 2925.11 of the Revised Code that is not a | 1130 |
| minor drug possession offense; | 1131 |
| (b) An existing or former law of this state, any other state, | 1132 |
| or the United States that is substantially equivalent to any of | 1133 |
| the offenses listed in division (A)(4)(a) of this section. | 1134 |
| (5) On receipt of a request pursuant to section 5111.95 or | 1135 |
| 5111.96 of the Revised Code with respect to an applicant for | 1136 |
| employment with a waiver agency participating in a department of | 1137 |
| job and family services administered home and community-based | 1138 |
| waiver program or an independent provider participating in a | 1139 |
| department administered home and community-based waiver program in | 1140 |
| a position that involves providing home and community-based waiver | 1141 |
| services to consumers with disabilities, a completed form | 1142 |
| prescribed pursuant to division (C)(1) of this section, and a set | 1143 |
| of fingerprint impressions obtained in the manner described in | 1144 |
| division (C)(2) of this section, the superintendent of the bureau | 1145 |
| of criminal identification and investigation shall conduct a | 1146 |
| criminal records check. The superintendent shall conduct the | 1147 |
| criminal records check in the manner described in division (B) of | 1148 |
| this section to determine whether any information exists that | 1149 |
| indicates that the person who is the subject of the request | 1150 |
| previously has been convicted of or pleaded guilty to any of the | 1151 |
| following: | 1152 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 1153 |
| 2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, | 1154 |
| 2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02, | 1155 |
| 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, | 1156 |
| 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, | 1157 |
| 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, | 1158 |
| 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40, | 1159 |
| 2913.43, 2913.47, 2913.51, 2919.12, 2919.24, 2919.25, 2921.36, | 1160 |
| 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, | 1161 |
| 2925.06, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the | 1162 |
| Revised Code, felonious sexual penetration in violation of former | 1163 |
| section 2907.12 of the Revised Code, a violation of section | 1164 |
| 2905.04 of the Revised Code as it existed prior to July 1, 1996, a | 1165 |
| violation of section 2919.23 of the Revised Code that would have | 1166 |
| been a violation of section 2905.04 of the Revised Code as it | 1167 |
| existed prior to July 1, 1996, had the violation been committed | 1168 |
| prior to that date; | 1169 |
| (b) An existing or former law of this state, any other state, | 1170 |
| or the United States that is substantially equivalent to any of | 1171 |
| the offenses listed in division (A)(5)(a) of this section. | 1172 |
| (6) On receipt of a request pursuant to section 3701.881 of | 1173 |
| the Revised Code with respect to an applicant for employment with | 1174 |
| a home health agency in a position that involves providing direct | 1175 |
| care to an older adult, a completed form prescribed pursuant to | 1176 |
| division (C)(1) of this section, and a set of fingerprint | 1177 |
| impressions obtained in the manner described in division (C)(2) of | 1178 |
| this section, the superintendent of the bureau of criminal | 1179 |
| identification and investigation shall conduct a criminal records | 1180 |
| check. The superintendent shall conduct the criminal records check | 1181 |
| in the manner described in division (B) of this section to | 1182 |
| determine whether any information exists that indicates that the | 1183 |
| person who is the subject of the request previously has been | 1184 |
| convicted of or pleaded guilty to any of the following: | 1185 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 1186 |
| 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 1187 |
| 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, | 1188 |
| 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, | 1189 |
| 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, | 1190 |
| 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, | 1191 |
| 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, | 1192 |
| 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, | 1193 |
| 2925.22, 2925.23, or 3716.11 of the Revised Code; | 1194 |
| (b) An existing or former law of this state, any other state, | 1195 |
| or the United States that is substantially equivalent to any of | 1196 |
| the offenses listed in division (A)(6)(a) of this section. | 1197 |
| (7) When conducting a criminal records check upon a request | 1198 |
| pursuant to section 3319.39 of the Revised Code for an applicant | 1199 |
| who is a teacher, in addition to the determination made under | 1200 |
| division (A)(1) of this section, the superintendent shall | 1201 |
| determine whether any information exists that indicates that the | 1202 |
| person who is the subject of the request previously has been | 1203 |
| convicted of or pleaded guilty to any offense specified in section | 1204 |
| 3319.31 of the Revised Code. | 1205 |
| (8) On a request pursuant to section 2151.86 of the Revised | 1206 |
| Code, a completed form prescribed pursuant to division (C)(1) of | 1207 |
| this section, and a set of fingerprint impressions obtained in the | 1208 |
| manner described in division (C)(2) of this section, the | 1209 |
| superintendent of the bureau of criminal identification and | 1210 |
| investigation shall conduct a criminal records check in the manner | 1211 |
| described in division (B) of this section to determine whether any | 1212 |
| information exists that indicates that the person who is the | 1213 |
| subject of the request previously has been convicted of or pleaded | 1214 |
| guilty to any of the following: | 1215 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 1216 |
| 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 1217 |
| 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, | 1218 |
| 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, | 1219 |
| 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, | 1220 |
| 2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, | 1221 |
| 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, | 1222 |
| 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a | 1223 |
| violation of section 2905.04 of the Revised Code as it existed | 1224 |
| prior to July 1, 1996, a violation of section 2919.23 of the | 1225 |
| Revised Code that would have been a violation of section 2905.04 | 1226 |
| of the Revised Code as it existed prior to July 1, 1996, had the | 1227 |
| violation been committed prior to that date, a violation of | 1228 |
| section 2925.11 of the Revised Code that is not a minor drug | 1229 |
| possession offense, or felonious sexual penetration in violation | 1230 |
| of former section 2907.12 of the Revised Code; | 1231 |
| (b) A violation of an existing or former law of this state, | 1232 |
| any other state, or the United States that is substantially | 1233 |
| equivalent to any of the offenses listed in division (A)(8)(a) of | 1234 |
| this section. | 1235 |
| (9) When conducting a criminal records check on a request | 1236 |
| pursuant to section 5104.013 of the Revised Code for a person who | 1237 |
| is an owner, licensee, or administrator of a child day-care center | 1238 |
| or type A family day-care home or an authorized provider of a | 1239 |
| certified type B family day-care home, the superintendent, in | 1240 |
| addition to the determination made under division (A)(1) of this | 1241 |
| section, shall determine whether any information exists that | 1242 |
| indicates that the person has been convicted of or pleaded guilty | 1243 |
| to any of the following: | 1244 |
| (a) A violation of section 2913.02, 2913.03, 2913.04, | 1245 |
| 2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, | 1246 |
| 2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, | 1247 |
| 2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2921.11, | 1248 |
| 2921.13, or 2923.01 of the Revised Code, a violation of section | 1249 |
| 2923.02 or 2923.03 of the Revised Code that relates to a crime | 1250 |
| specified in this division or division (A)(1)(a) of this section, | 1251 |
| or a second violation of section 4511.19 of the Revised Code | 1252 |
| within five years of the date of application for licensure or | 1253 |
| certification. | 1254 |
| (b) A violation of an existing or former law of this state, | 1255 |
| any other state, or the United States that is substantially | 1256 |
| equivalent to any of the offenses or violations described in | 1257 |
| division (A)(9)(a) of this section. | 1258 |
| (10) On receipt of a request for a criminal records check | 1259 |
| from an individual pursuant to section 4749.03 or 4749.06 of the | 1260 |
| Revised Code, accompanied by a completed copy of the form | 1261 |
| prescribed in division (C)(1) of this section and a set of | 1262 |
| fingerprint impressions obtained in a manner described in division | 1263 |
| (C)(2) of this section, the superintendent of the bureau of | 1264 |
| criminal identification and investigation shall conduct a criminal | 1265 |
| records check in the manner described in division (B) of this | 1266 |
| section to determine whether any information exists indicating | 1267 |
| that the person who is the subject of the request has been | 1268 |
| convicted of or pleaded guilty to a felony in this state or in any | 1269 |
| other state. If the individual indicates that a firearm will be | 1270 |
| carried in the course of business, the superintendent shall | 1271 |
| require information from the federal bureau of investigation as | 1272 |
| described in division (B)(2) of this section. The superintendent | 1273 |
| shall report the findings of the criminal records check and any | 1274 |
| information the federal bureau of investigation provides to the | 1275 |
| director of public safety. | 1276 |
| (11) Not later than thirty days after the date the | 1277 |
| superintendent receives the request, completed form, and | 1278 |
| fingerprint impressions, the superintendent shall send the person, | 1279 |
| board, or entity that made the request any information, other than | 1280 |
| information the dissemination of which is prohibited by federal | 1281 |
| law, the superintendent determines exists with respect to the | 1282 |
| person who is the subject of the request that indicates that the | 1283 |
| person previously has been convicted of or pleaded guilty to any | 1284 |
| offense listed or described in division (A)(1), (2), (3), (4), | 1285 |
| (5), (6), (7), (8), (9), or (10) of this section, as appropriate. | 1286 |
| The superintendent shall send the person, board, or entity that | 1287 |
| made the request a copy of the list of offenses specified in | 1288 |
| division (A)(1), (2), (3), (4), (5), (6), (7), (8), (9), or (10) | 1289 |
| of this section, as appropriate. If the request was made under | 1290 |
| section 3701.881 of the Revised Code with regard to an applicant | 1291 |
| who may be both responsible for the care, custody, or control of a | 1292 |
| child and involved in providing direct care to an older adult, the | 1293 |
| superintendent shall provide a list of the offenses specified in | 1294 |
| divisions (A)(4) and (6) of this section. | 1295 |
| (B) The superintendent shall conduct any criminal records | 1296 |
| check requested under section 121.08, | 1297 |
| 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, | 1298 |
| 3722.151, 4749.03, 4749.06, 5104.012, 5104.013, 5111.95, 5111.96, | 1299 |
| 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code as | 1300 |
| follows: | 1301 |
| (1) The superintendent shall review or cause to be reviewed | 1302 |
| any relevant information gathered and compiled by the bureau under | 1303 |
| division (A) of section 109.57 of the Revised Code that relates to | 1304 |
| the person who is the subject of the request, including any | 1305 |
| relevant information contained in records that have been sealed | 1306 |
| under section 2953.32 of the Revised Code; | 1307 |
| (2) If the request received by the superintendent asks for | 1308 |
| information from the federal bureau of investigation, the | 1309 |
| superintendent shall request from the federal bureau of | 1310 |
| investigation any information it has with respect to the person | 1311 |
| who is the subject of the request and shall review or cause to be | 1312 |
| reviewed any information the superintendent receives from that | 1313 |
| bureau. | 1314 |
| (3) The superintendent or the superintendent's designee may | 1315 |
| request criminal history records from other states or the federal | 1316 |
| government pursuant to the national crime prevention and privacy | 1317 |
| compact set forth in section 109.571 of the Revised Code. | 1318 |
| (C)(1) The superintendent shall prescribe a form to obtain | 1319 |
| the information necessary to conduct a criminal records check from | 1320 |
| any person for whom a criminal records check is required by | 1321 |
| section 121.08, | 1322 |
| 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, | 1323 |
| 4749.06, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, | 1324 |
| 5126.281, or 5153.111 of the Revised Code. The form that the | 1325 |
| superintendent prescribes pursuant to this division may be in a | 1326 |
| tangible format, in an electronic format, or in both tangible and | 1327 |
| electronic formats. | 1328 |
| (2) The superintendent shall prescribe standard impression | 1329 |
| sheets to obtain the fingerprint impressions of any person for | 1330 |
| whom a criminal records check is required by section 121.08, | 1331 |
| 1332 | |
| 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06, 5104.012, | 1333 |
| 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or | 1334 |
| 5153.111 of the Revised Code. Any person for whom a records check | 1335 |
| is required by any of those sections shall obtain the fingerprint | 1336 |
| impressions at a county sheriff's office, municipal police | 1337 |
| department, or any other entity with the ability to make | 1338 |
| fingerprint impressions on the standard impression sheets | 1339 |
| prescribed by the superintendent. The office, department, or | 1340 |
| entity may charge the person a reasonable fee for making the | 1341 |
| impressions. The standard impression sheets the superintendent | 1342 |
| prescribes pursuant to this division may be in a tangible format, | 1343 |
| in an electronic format, or in both tangible and electronic | 1344 |
| formats. | 1345 |
| (3) Subject to division (D) of this section, the | 1346 |
| superintendent shall prescribe and charge a reasonable fee for | 1347 |
| providing a criminal records check requested under section 121.08, | 1348 |
| 1349 | |
| 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06, 5104.012, | 1350 |
| 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or | 1351 |
| 5153.111 of the Revised Code. The person making a criminal records | 1352 |
| request under section 121.08, | 1353 |
| 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, | 1354 |
| 4749.03, 4749.06, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, | 1355 |
| 5126.28, 5126.281, or 5153.111 of the Revised Code shall pay the | 1356 |
| fee prescribed pursuant to this division. A person making a | 1357 |
| request under section 3701.881 of the Revised Code for a criminal | 1358 |
| records check for an applicant who may be both responsible for the | 1359 |
| care, custody, or control of a child and involved in providing | 1360 |
| direct care to an older adult shall pay one fee for the request. | 1361 |
| (4) The superintendent of the bureau of criminal | 1362 |
| identification and investigation may prescribe methods of | 1363 |
| forwarding fingerprint impressions and information necessary to | 1364 |
| conduct a criminal records check, which methods shall include, but | 1365 |
| not be limited to, an electronic method. | 1366 |
| (D) A determination whether any information exists that | 1367 |
| indicates that a person previously has been convicted of or | 1368 |
| pleaded guilty to any offense listed or described in division | 1369 |
| (A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or | 1370 |
| (b), (A)(5)(a) or (b), (A)(6), (A)(7)(a) or (b), (A)(8)(a) or (b), | 1371 |
| or (A)(9)(a) or (b) of this section that is made by the | 1372 |
| superintendent with respect to information considered in a | 1373 |
| criminal records check in accordance with this section is valid | 1374 |
| for the person who is the subject of the criminal records check | 1375 |
| for a period of one year from the date upon which the | 1376 |
| superintendent makes the determination. During the period in which | 1377 |
| the determination in regard to a person is valid, if another | 1378 |
| request under this section is made for a criminal records check | 1379 |
| for that person, the superintendent shall provide the information | 1380 |
| that is the basis for the superintendent's initial determination | 1381 |
| at a lower fee than the fee prescribed for the initial criminal | 1382 |
| records check. | 1383 |
| (E) As used in this section: | 1384 |
| (1) "Criminal records check" means any criminal records check | 1385 |
| conducted by the superintendent of the bureau of criminal | 1386 |
| identification and investigation in accordance with division (B) | 1387 |
| of this section. | 1388 |
| (2) "Home and community-based waiver services" and "waiver | 1389 |
| agency" have the same meanings as in section 5111.95 of the | 1390 |
| Revised Code. | 1391 |
| (3) "Independent provider" has the same meaning as in section | 1392 |
| 5111.96 of the Revised Code. | 1393 |
| (4) "Minor drug possession offense" has the same meaning as | 1394 |
| in section 2925.01 of the Revised Code. | 1395 |
| (5) "Older adult" means a person age sixty or older. | 1396 |
| Sec. 113.09. Except as provided in section 113.10 of the | 1397 |
| Revised Code, all moneys deposited with the treasurer of state, | 1398 |
| the disposition of which is not otherwise provided for by law, | 1399 |
| shall be credited to the general revenue fund, which is hereby | 1400 |
| created in the state treasury. If a warrant for the payment of | 1401 |
| money from the state treasury has been illegally or improperly | 1402 |
|
issued | 1403 |
| 1404 | |
| and payment of such warrant or excess has been made by the | 1405 |
| treasurer of state, the director of budget and management shall, | 1406 |
| unless the account of the appropriation from which it was paid has | 1407 |
| been closed, credit the amount collected to such appropriation; | 1408 |
| but,
if such account has been closed, | 1409 |
| the amount so collected to the fund on which the warrant was | 1410 |
| originally drawn. | 1411 |
| All investment earnings on moneys deposited in the state | 1412 |
| treasury shall be credited to the general revenue fund unless: | 1413 |
| (A) The disposition of the earnings is otherwise provided for | 1414 |
| by law; | 1415 |
| (B) The director | 1416 |
| plan approved under section 131.36 of the Revised Code that a | 1417 |
| different fund is entitled to the earnings. | 1418 |
| Sec. 113.11. No money shall be paid out of the state | 1419 |
| treasury or transferred elsewhere except on the warrant of the | 1420 |
| 1421 | |
| be paid out of a custodial fund of the treasurer of state except | 1422 |
| on proper order to the treasurer of state by the officer | 1423 |
| authorized by law to pay money out of the fund. | 1424 |
| The treasurer of state shall adopt rules prescribing the form | 1425 |
| and manner in which money may be paid out of the state treasury or | 1426 |
| a custodial fund of the treasurer of state. | 1427 |
| Sec. 113.12. The treasurer of state, on presentation, shall | 1428 |
| pay all warrants drawn on | 1429 |
| 1430 | |
| each month the treasurer of state shall surrender to the | 1431 |
| 1432 | |
| shall accept the receipt of the | 1433 |
| therefor. The receipt shall be held by the treasurer of state in | 1434 |
| place of such warrants and as evidence of their payment until an | 1435 |
| audit of the state treasury and the custodial funds of the | 1436 |
| treasurer of state has been completed. | 1437 |
| Sec. 120.36. (A) | 1438 |
| (5), or (6) of this section, if a person who is a defendant in a | 1439 |
| criminal case or a party in a case in juvenile court requests or | 1440 |
| is provided a state public defender, a county or joint county | 1441 |
| public defender, or any other counsel appointed by the court, the | 1442 |
| court in which the criminal case is initially filed or the | 1443 |
| juvenile court, whichever is applicable, shall assess, unless the | 1444 |
| application fee is waived or reduced, a non-refundable application | 1445 |
| fee of twenty-five dollars. | 1446 |
| The court shall direct the person to pay the application fee | 1447 |
| to the clerk of court. The person shall pay the application fee to | 1448 |
| the clerk of court at the time the person files an affidavit of | 1449 |
| indigency or a financial disclosure form with the court, a state | 1450 |
| public defender, a county or joint county public defender, or any | 1451 |
| other counsel appointed by the court or within seven days of that | 1452 |
| date. If the person does not pay the application fee within that | 1453 |
| seven-day period, the court shall assess the application fee at | 1454 |
| sentencing or at the final disposition of the case. | 1455 |
| | 1456 |
| 1457 | |
| 1458 | |
| 1459 | |
| 1460 | |
| 1461 | |
| 1462 | |
| 1463 | |
| 1464 | |
| 1465 | |
| 1466 | |
| 1467 |
| (2) For purposes of this section, a criminal case includes | 1468 |
| any case involving a violation of any provision of the Revised | 1469 |
| Code or of an ordinance of a municipal corporation for which the | 1470 |
| potential penalty includes loss of liberty and includes any | 1471 |
| contempt proceeding in which a court may impose a term of | 1472 |
| imprisonment. | 1473 |
| (3) In a juvenile court proceeding, the court shall not | 1474 |
| assess the application fee against a child if the court appoints a | 1475 |
| guardian ad litem for the child or the court appoints an attorney | 1476 |
| to represent the child at the request of a guardian ad litem. | 1477 |
| (4) The court shall not assess an application fee for a | 1478 |
| postconviction proceeding or when the defendant files an appeal. | 1479 |
| (5)(a) Except when the court assesses an application fee | 1480 |
| pursuant to division (A)(5)(b) of this section, the court shall | 1481 |
| assess an application fee when a person is charged with a | 1482 |
| violation of a community control sanction or a violation of a | 1483 |
| post-release control sanction. | 1484 |
| (b) If a charge of violating a community control sanction or | 1485 |
| post-release control sanction described in division (A)(5)(a) of | 1486 |
| this section results in a person also being charged with violating | 1487 |
| any provision of the Revised Code or an ordinance of a municipal | 1488 |
| corporation, the court shall only assess an application fee for | 1489 |
| the case that results from the additional charge. | 1490 |
| (6) If a case is transferred from one court to another court | 1491 |
| and the person failed to pay the application fee to the court that | 1492 |
| initially assessed the application fee, the court that initially | 1493 |
| assessed the fee shall remove the assessment, and the court to | 1494 |
| which the case was transferred shall assess the application fee. | 1495 |
| (7) The court shall assess an application fee pursuant to | 1496 |
| this section one time per case. | 1497 |
| 1498 | |
| For purposes of assessing the application fee, a case means one | 1499 |
| complete proceeding or trial held in one court for a person on an | 1500 |
| indictment, information, complaint, petition, citation, writ, | 1501 |
| motion, or other document initiating a case that arises out of a | 1502 |
| single incident or a series of related incidents, or when one | 1503 |
| individual is charged with two or more offenses that the court | 1504 |
| handles simultaneously. The court may waive or reduce the fee for | 1505 |
| a specific person in a specific case upon a finding that the | 1506 |
| person lacks financial resources that are sufficient to pay the | 1507 |
| fee or that payment of the fee would result in an undue hardship. | 1508 |
| (B) No court, state public defender, county or joint county | 1509 |
| public defender, or other counsel appointed by the court shall | 1510 |
| deny a person the assistance of counsel solely due to the person's | 1511 |
| failure to pay the application fee assessed pursuant to division | 1512 |
| (A) of this section. A person's present inability, failure, or | 1513 |
| refusal to pay the application fee shall not disqualify that | 1514 |
| person from legal representation. | 1515 |
| (C) The application fee assessed pursuant to division (A) of | 1516 |
| this section is separate from and in addition to any other amount | 1517 |
| assessed against a person who is found to be able to contribute | 1518 |
| toward the cost of the person's legal representation pursuant to | 1519 |
| division (D) of section 2941.51 of the Revised Code. | 1520 |
| (D) The clerk of the court that assessed the fees shall | 1521 |
| forward all application fees collected pursuant to this section to | 1522 |
| the county treasurer for deposit in the county treasury. The | 1523 |
| county shall retain eighty per cent of the application fees so | 1524 |
| collected to offset the costs of providing legal representation to | 1525 |
| indigent persons. | 1526 |
| the county auditor shall remit twenty per cent of the application | 1527 |
| fees so collected in the previous month to the state public | 1528 |
| defender. The state public defender shall deposit the remitted | 1529 |
| fees into the state treasury to the credit of the client payment | 1530 |
| fund created pursuant to division (B)(5) of section 120.04 of the | 1531 |
| Revised Code. The state public defender may use that money in | 1532 |
| accordance with that section. | 1533 |
|
(E) On or before the | 1534 |
| twentieth day of each month beginning in February of the year | 1535 |
| 2007, each clerk of court shall provide to the state public | 1536 |
| defender | 1537 |
| following: | 1538 |
|
(1) The number of persons in the previous | 1539 |
| who requested or were provided a state public defender, county or | 1540 |
| joint county public defender, or other counsel appointed by the | 1541 |
| court; | 1542 |
|
(2) The number of persons in the previous | 1543 |
| for whom the court waived the application fee pursuant to division | 1544 |
| (A) of this section; | 1545 |
|
(3) The dollar value of the | 1546 |
| assessed pursuant to division (A) of this section in the previous | 1547 |
| 1548 |
| (4) The amount of assessed application fees collected in the | 1549 |
| previous | 1550 |
| (5) The balance of unpaid assessed application fees at the | 1551 |
| open and close of the previous | 1552 |
| (F) As used in this section: | 1553 |
| (1) "Clerk of court" means the clerk of the court of common | 1554 |
| pleas of the county, the clerk of the juvenile court of the | 1555 |
| county, the clerk of the domestic relations division of the court | 1556 |
| of common pleas of the county, the clerk of the probate court of | 1557 |
| the county, the clerk of a municipal court in the county, the | 1558 |
| clerk of a county-operated municipal court, or the clerk of a | 1559 |
| county court in the county, whichever is applicable. | 1560 |
| (2) "County-operated municipal court" has the same meaning as | 1561 |
| in section 1901.03 of the Revised Code. | 1562 |
| Sec. 120.52. There is hereby established in the state | 1563 |
| treasury the legal aid fund, which shall be for the charitable | 1564 |
| public purpose of providing financial assistance to legal aid | 1565 |
| societies that provide civil legal services to indigents. The fund | 1566 |
| shall contain all funds credited to it by the treasurer of state | 1567 |
| pursuant to sections 1901.26, 1907.24, 2303.201, 3953.231, | 1568 |
| 4705.09,
and 4705.10 of the Revised Code | 1569 |
| 1570 | |
| 1571 |
| The treasurer of state may invest moneys contained in the | 1572 |
| legal aid fund in any manner authorized by the Revised Code for | 1573 |
| the investment of state moneys. However, no such investment shall | 1574 |
| interfere with any apportionment, allocation, or payment of moneys | 1575 |
| 1576 | |
| 120.53 of the Revised Code. | 1577 |
| 1578 |
| The state public defender, through the Ohio legal assistance | 1579 |
| foundation, shall administer the payment of moneys out of the | 1580 |
| fund. Four and one-half per cent of the moneys in the fund shall | 1581 |
| be reserved for the actual, reasonable costs of administering | 1582 |
| sections 120.51 to 120.55 and sections 1901.26, 1907.24, 2303.201, | 1583 |
| 3953.231, 4705.09, and 4705.10 of the Revised Code. Moneys that | 1584 |
| are reserved for administrative costs but that are not used for | 1585 |
| actual, reasonable administrative costs shall be set aside for use | 1586 |
| in the manner described in division (A) of section 120.521 of the | 1587 |
| Revised Code. The remainder of the moneys in the legal aid fund | 1588 |
| shall be distributed in accordance with section 120.53 of the | 1589 |
| Revised Code. The Ohio legal assistance foundation shall | 1590 |
| establish, in accordance with Chapter 119. of the Revised Code, | 1591 |
| rules governing the administration of the legal aid fund, | 1592 |
| including the programs established under sections 1901.26, | 1593 |
| 1907.24, 2303.201, 4705.09, and 4705.10 of the Revised Code | 1594 |
| regarding interest on interest-bearing trust accounts of an | 1595 |
| attorney, law firm, or legal professional association. | 1596 |
| Sec. 120.521. (A) The state public defender shall establish | 1597 |
| a charitable, tax exempt foundation, named the Ohio legal | 1598 |
| assistance foundation, to actively solicit and accept gifts, | 1599 |
| bequests, donations, and contributions for use in providing | 1600 |
| financial assistance to legal aid societies, enhancing or | 1601 |
| improving the delivery of civil legal services to indigents, and | 1602 |
| operating the foundation. The Ohio legal assistance foundation | 1603 |
| shall deposit all gifts, bequests, donations, and contributions | 1604 |
| accepted by it into the legal assistance foundation fund | 1605 |
| established under this section. If the state public defender, | 1606 |
| pursuant to section 120.52 of the Revised Code as it existed prior | 1607 |
| to the effective date of this section, established a charitable, | 1608 |
| tax exempt foundation named the Ohio legal assistance foundation | 1609 |
| and if that foundation is in existence on the day before the | 1610 |
| effective date of this section, that foundation shall continue in | 1611 |
| existence and shall serve as the Ohio legal assistance foundation | 1612 |
| described in this section. | 1613 |
| There is hereby established the legal assistance foundation | 1614 |
| fund, which shall be under the custody and control of the Ohio | 1615 |
| legal assistance foundation. The fund shall contain all moneys | 1616 |
| distributed to the Ohio legal assistance foundation pursuant to | 1617 |
| section 120.53 of the Revised Code and all gifts, bequests, | 1618 |
| donations, and contributions accepted by the Ohio legal assistance | 1619 |
| foundation under this section. | 1620 |
| The Ohio legal assistance foundation shall distribute or use | 1621 |
| all moneys in the legal assistance foundation fund for the | 1622 |
| charitable public purpose of providing financial assistance to | 1623 |
| legal aid societies that provide civil legal services to | 1624 |
| indigents, enhancing or improving the delivery of civil legal | 1625 |
| services to indigents, and operating the foundation. The Ohio | 1626 |
| legal assistance foundation shall establish rules governing the | 1627 |
| administration of the legal assistance foundation fund. | 1628 |
| The Ohio legal assistance foundation shall include, in the | 1629 |
| annual report it is required to make to the governor, the general | 1630 |
| assembly, and the supreme court pursuant to division (G)(2) of | 1631 |
| section 120.53 of the Revised Code, an audited financial statement | 1632 |
| on the distribution and use of the legal assistance foundation | 1633 |
| fund. No information contained in the statement shall identify or | 1634 |
| enable the identification of any person served by a legal aid | 1635 |
| society or in any way breach confidentiality. | 1636 |
| (B) A foundation is tax exempt for purposes of this section | 1637 |
| if the foundation is exempt from federal income taxation under | 1638 |
| subsection 501(a) of the "Internal Revenue Code of 1986," 100 | 1639 |
| Stat. 2085, 26 U.S.C. 501(a), as amended, and if the foundation | 1640 |
| has received from the internal revenue service a determination | 1641 |
| letter that is in effect stating that the foundation is exempt | 1642 |
| from federal income taxation under that subsection. | 1643 |
| Sec. 120.53. (A) A legal aid society that operates within | 1644 |
| the state may apply to the Ohio legal assistance foundation for | 1645 |
| financial assistance from the legal aid fund established by | 1646 |
| section 120.52 of the Revised Code to be used for the funding of | 1647 |
| the society during the calendar year following the calendar year | 1648 |
| in which application is made. | 1649 |
| (B) An application for financial assistance made under | 1650 |
| division (A) of this section shall be submitted by the first day | 1651 |
| of November of the calendar year preceding the calendar year for | 1652 |
| which financial assistance is desired and shall include all of the | 1653 |
| following: | 1654 |
| (1) Evidence that the applicant is incorporated in this state | 1655 |
| as a nonprofit corporation; | 1656 |
| (2) A list of the trustees of the applicant; | 1657 |
| (3) The proposed budget of the applicant for these funds for | 1658 |
| the following calendar year; | 1659 |
| (4) A summary of the services to be offered by the applicant | 1660 |
| in the following calendar year; | 1661 |
| (5) A specific description of the territory or constituency | 1662 |
| served by the applicant; | 1663 |
| (6) An estimate of the number of persons to be served by the | 1664 |
| applicant during the following calendar year; | 1665 |
| (7) A general description of the additional sources of the | 1666 |
| applicant's funding; | 1667 |
| (8) The amount of the applicant's total budget for the | 1668 |
| calendar year in which the application is filed that it will | 1669 |
| expend in that calendar year for legal services in each of the | 1670 |
| counties it serves; | 1671 |
| (9) A specific description of any services, programs, | 1672 |
| training, and legal technical assistance to be delivered by the | 1673 |
| applicant or by another person pursuant to a contract with the | 1674 |
| applicant, including, but not limited to, by private attorneys or | 1675 |
| through reduced fee plans, judicare panels, organized pro bono | 1676 |
| programs, and mediation programs. | 1677 |
| (C) The Ohio legal assistance foundation shall determine | 1678 |
| whether each applicant that filed an application for financial | 1679 |
| assistance under division (A) of this section in a calendar year | 1680 |
| is eligible for financial assistance under this section. To be | 1681 |
| eligible for such financial assistance, an applicant shall satisfy | 1682 |
| the criteria for being a legal aid society and shall be in | 1683 |
| compliance with the provisions of sections 120.51 to 120.55 of the | 1684 |
| Revised Code and with the rules and requirements the foundation | 1685 |
| establishes pursuant to section 120.52 of the Revised Code. The | 1686 |
| Ohio legal assistance foundation then, on or before the fifteenth | 1687 |
| day of December of the calendar year in which the application is | 1688 |
| filed, shall notify each such applicant, in writing, whether it is | 1689 |
| eligible for financial assistance under this section, and if it is | 1690 |
| eligible, estimate the amount that will be available for that | 1691 |
| applicant for each six-month distribution period, as determined | 1692 |
| under division (D) of this section. | 1693 |
| (D) The Ohio legal assistance foundation shall allocate | 1694 |
|
moneys contained in the legal aid fund | 1695 |
| distribution to applicants that filed their applications in the | 1696 |
|
previous calendar year and | 1697 |
| applicants. | 1698 |
| All moneys contained in the fund on the first day of
| 1699 |
| 1700 | |
| of the costs of administering sections 120.51 to 120.55 and | 1701 |
| sections 1901.26, 1907.24, 2303.201, 3953.231, 4705.09, and | 1702 |
| 4705.10 of the Revised Code that are authorized by section 120.52 | 1703 |
| of the Revised Code, according to this section and shall be | 1704 |
| distributed accordingly | 1705 |
| 1706 | |
| 1707 | |
| 1708 | |
| 1709 | |
| 1710 | |
| 1711 | |
| last day of the month following the month the moneys were | 1712 |
| received. In making the allocations under this section, the moneys | 1713 |
| in the fund that were generated pursuant to sections 1901.26, | 1714 |
| 1907.24, 2303.201, 3953.231, 4705.09, and 4705.10 of the Revised | 1715 |
| Code | 1716 |
| shall be apportioned as follows: | 1717 |
| (1) After deduction of the amount authorized and used for | 1718 |
| actual, reasonable administrative costs under section 120.52 of | 1719 |
| the Revised Code: | 1720 |
| (a) Five per cent of the moneys remaining in the fund shall | 1721 |
| be reserved for use in the manner described in division (A) of | 1722 |
| section 120.521 of the Revised Code or for distribution to legal | 1723 |
| aid societies that provide assistance to special population groups | 1724 |
| of their eligible clients, engage in special projects that have a | 1725 |
| substantial impact on their local service area or on significant | 1726 |
| segments of the state's poverty population, or provide legal | 1727 |
| training or support to other legal aid societies in the state; | 1728 |
| (b) After deduction of the amount described in division | 1729 |
| (D)(1)(a) of this section, one and three-quarters per cent of the | 1730 |
| moneys remaining in the fund shall be apportioned among entities | 1731 |
| that received financial assistance from the legal aid fund prior | 1732 |
| to the effective date of this amendment but that, on and after the | 1733 |
| effective date of this amendment, no longer qualify as a legal aid | 1734 |
| society that is eligible for financial assistance under this | 1735 |
| section. | 1736 |
| (c) After deduction of the amounts described in divisions | 1737 |
| (D)(1)(a) and (b) of this section, fifteen per cent of the moneys | 1738 |
| remaining in the fund shall be placed in the legal assistance | 1739 |
| foundation fund for use in the manner described in division (A) of | 1740 |
| section 120.521 of the Revised Code. | 1741 |
| (2) After deduction of the actual, reasonable administrative | 1742 |
| costs under section 120.52 of the Revised Code and after deduction | 1743 |
| of the amounts identified in divisions (D)(1)(a), (b), and (c) of | 1744 |
| this section, the remaining moneys shall be apportioned among the | 1745 |
| counties that are served by eligible legal aid societies that have | 1746 |
| applied for financial assistance under this section so that each | 1747 |
| such county is apportioned a portion of those moneys, based upon | 1748 |
| the ratio of the number of indigents who reside in that county to | 1749 |
| the total number of indigents who reside in all counties of this | 1750 |
| state that are served by eligible legal aid societies that have | 1751 |
| applied for financial assistance under this section. Subject to | 1752 |
| division (E) of this section, the moneys apportioned to a county | 1753 |
| under this division then shall be allocated to the eligible legal | 1754 |
| aid society that serves the county and that has applied for | 1755 |
| financial assistance under this section. For purposes of this | 1756 |
| division, the source of data identifying the number of indigent | 1757 |
| persons who reside in a county shall be the most recent decennial | 1758 |
| census figures from the United States department of commerce, | 1759 |
| division of census. | 1760 |
| (E) If the Ohio legal assistance foundation, in attempting to | 1761 |
| make an allocation of moneys under division (D)(2) of this | 1762 |
| section, determines that a county that has been apportioned money | 1763 |
| under that division is served by more than one eligible legal aid | 1764 |
| society that has applied for financial assistance under this | 1765 |
| section, the Ohio legal assistance foundation shall allocate the | 1766 |
| moneys that have been apportioned to that county under division | 1767 |
| (D)(2) of this section among all eligible legal aid societies that | 1768 |
| serve that county and that have applied for financial assistance | 1769 |
| under this section on a pro rata basis, so that each such eligible | 1770 |
| society is allocated a portion based upon the amount of its total | 1771 |
| budget expended in the prior calendar year for legal services in | 1772 |
| that county as compared to the total amount expended in the prior | 1773 |
| calendar year for legal services in that county by all eligible | 1774 |
| legal aid societies that serve that county and that have applied | 1775 |
| for financial assistance under this section. | 1776 |
| (F) Moneys allocated to eligible applicants under this | 1777 |
|
section shall be paid | 1778 |
| 1779 | |
| the calendar year following the calendar year in which the | 1780 |
| application is filed. | 1781 |
| (G)(1) A legal aid society that receives financial assistance | 1782 |
| in any calendar year under this section shall file an annual | 1783 |
| report with the Ohio legal assistance foundation detailing the | 1784 |
| number and types of cases handled, and the amount and types of | 1785 |
| legal training, legal technical assistance, and other service | 1786 |
| provided, by means of that financial assistance. No information | 1787 |
| contained in the report shall identify or enable the | 1788 |
| identification of any person served by the legal aid society or in | 1789 |
| any way breach client confidentiality. | 1790 |
| (2) The Ohio legal assistance foundation shall make an annual | 1791 |
| report to the governor, the general assembly, and the supreme | 1792 |
| court on the distribution and use of the legal aid fund. The | 1793 |
| foundation also shall include in the annual report an audited | 1794 |
| financial statement of all gifts, bequests, donations, | 1795 |
| contributions, and other moneys the foundation receives. No | 1796 |
| information contained in the report shall identify or enable the | 1797 |
| identification of any person served by a legal aid society, or in | 1798 |
| any way breach confidentiality. | 1799 |
| (H) A legal aid society may enter into agreements for the | 1800 |
| provision of services, programs, training, or legal technical | 1801 |
| assistance for the legal aid society or to indigent persons. | 1802 |
| Sec. 121.37. (A)(1) There is hereby created the Ohio family | 1803 |
| and children first cabinet council. The council shall be composed | 1804 |
| of the superintendent of public instruction and the directors of | 1805 |
| youth services, job and family services, mental health, health, | 1806 |
| alcohol and drug addiction services, mental retardation and | 1807 |
| developmental disabilities, and budget and management. The | 1808 |
| chairperson of the council shall be the governor or the governor's | 1809 |
| designee and shall establish procedures for the council's internal | 1810 |
| control and management. | 1811 |
| (2) The purpose of the cabinet council is to help families | 1812 |
| seeking government services. This section shall not be interpreted | 1813 |
| or applied to usurp the role of parents, but solely to streamline | 1814 |
| and coordinate existing government services for families seeking | 1815 |
| assistance for their children. | 1816 |
| In seeking to fulfill its purpose, the council may do any of | 1817 |
| the following: | 1818 |
| (a) Advise and make recommendations to the governor and | 1819 |
| general assembly regarding the provision of services to children; | 1820 |
| (b) Advise and assess local governments on the coordination | 1821 |
| of service delivery to children; | 1822 |
| (c) Hold meetings at such times and places as may be | 1823 |
| prescribed by the council's procedures and maintain records of the | 1824 |
| meetings, except that records identifying individual children are | 1825 |
| confidential and shall be disclosed only as provided by law; | 1826 |
| (d) Develop programs and projects, including pilot projects, | 1827 |
| to encourage coordinated efforts at the state and local level to | 1828 |
| improve the state's social service delivery system; | 1829 |
| (e) Enter into contracts with and administer grants to county | 1830 |
| family and children first councils, as well as other county or | 1831 |
| multicounty organizations to plan and coordinate service delivery | 1832 |
| between state agencies and local service providers for families | 1833 |
| and children; | 1834 |
| (f) Enter into contracts with and apply for grants from | 1835 |
| federal agencies or private organizations; | 1836 |
| (g) Enter into interagency agreements to encourage | 1837 |
| coordinated efforts at the state and local level to improve the | 1838 |
| state's social service delivery system. The agreements may include | 1839 |
| provisions regarding the receipt, transfer, and expenditure of | 1840 |
| funds; | 1841 |
| (h) Identify public and private funding sources for services | 1842 |
| provided to alleged or adjudicated unruly children and children | 1843 |
| who are at risk of being alleged or adjudicated unruly children, | 1844 |
| including regulations governing access to and use of the services; | 1845 |
| (i) Collect information provided by local communities | 1846 |
| regarding successful programs for prevention, intervention, and | 1847 |
| treatment of unruly behavior, including evaluations of the | 1848 |
| programs; | 1849 |
| (j) Identify and disseminate publications regarding alleged | 1850 |
| or adjudicated unruly children and children who are at risk of | 1851 |
| being alleged or adjudicated unruly children and regarding | 1852 |
| programs serving those types of children; | 1853 |
| (k) Maintain an inventory of strategic planning facilitators | 1854 |
| for use by government or nonprofit entities that serve alleged or | 1855 |
| adjudicated unruly children or children who are at risk of being | 1856 |
| alleged or adjudicated unruly children. | 1857 |
| (3) The cabinet council shall provide for the following: | 1858 |
| (a) Reviews of service and treatment plans for children for | 1859 |
| which such reviews are requested; | 1860 |
| (b) Assistance as the council determines to be necessary to | 1861 |
| meet the needs of children referred by county family and children | 1862 |
| first councils; | 1863 |
| (c) Monitoring and supervision of a statewide, comprehensive, | 1864 |
| coordinated, multi-disciplinary, interagency system for infants | 1865 |
| and toddlers with developmental disabilities or delays and their | 1866 |
| families, as established pursuant to federal grants received and | 1867 |
| administered by the department of health for early intervention | 1868 |
| services under the "Individuals with Disabilities Education Act of | 1869 |
| 2004," 20 U.S.C.A. 1400, as amended. | 1870 |
| (B)(1) Each board of county commissioners shall establish a | 1871 |
| county family and children first council. The board may invite any | 1872 |
| local public or private agency or group that funds, advocates, or | 1873 |
| provides services to children and families to have a | 1874 |
| representative become a permanent or temporary member of its | 1875 |
| county council. Each county council must include the following | 1876 |
| individuals: | 1877 |
| (a) At least three individuals who are not employed by an | 1878 |
| agency represented on the council and whose families are or have | 1879 |
| received services from an agency represented on the council or | 1880 |
| another county's council. Where possible, the number of members | 1881 |
| representing families shall be equal to twenty per cent of the | 1882 |
| council's membership. | 1883 |
| (b) The director of the board of alcohol, drug addiction, and | 1884 |
| mental health services that serves the county, or, in the case of | 1885 |
| a county that has a board of alcohol and drug addiction services | 1886 |
| and a community mental health board, the directors of both boards. | 1887 |
| If a board of alcohol, drug addiction, and mental health services | 1888 |
| covers more than one county, the director may designate a person | 1889 |
| to participate on the county's council. | 1890 |
| (c) The health commissioner, or the commissioner's designee, | 1891 |
| of the board of health of each city and general health district in | 1892 |
| the county. If the county has two or more health districts, the | 1893 |
| health commissioner membership may be limited to the commissioners | 1894 |
| of the two districts with the largest populations. | 1895 |
| (d) The director of the county department of job and family | 1896 |
| services; | 1897 |
| (e) The executive director of the public children services | 1898 |
| agency; | 1899 |
| (f) The superintendent of the county board of mental | 1900 |
| retardation and developmental disabilities; | 1901 |
| (g) The county's juvenile court judge senior in service or | 1902 |
| another judge of the juvenile court designated by the | 1903 |
| administrative judge or, where there is no administrative judge, | 1904 |
| by the judge senior in service; | 1905 |
| (h) The superintendent of the city, exempted village, or | 1906 |
| local school district with the largest number of pupils residing | 1907 |
| in the county, as determined by the department of education, which | 1908 |
| shall notify each board of county commissioners of its | 1909 |
| determination at least biennially; | 1910 |
| (i) A school superintendent representing all other school | 1911 |
| districts with territory in the county, as designated at a | 1912 |
| biennial meeting of the superintendents of those districts; | 1913 |
| (j) A representative of the municipal corporation with the | 1914 |
| largest population in the county; | 1915 |
| (k) The president of the board of county commissioners or an | 1916 |
| individual designated by the board; | 1917 |
| (l) A representative of the regional office of the department | 1918 |
| of youth services; | 1919 |
| (m) A representative of the county's head start agencies, as | 1920 |
| defined in section 3301.32 of the Revised Code; | 1921 |
| (n) A representative of the county's early intervention | 1922 |
| collaborative established pursuant to the federal early | 1923 |
| intervention program operated under the "Education of the | 1924 |
| Handicapped Act Amendments of 1986"; | 1925 |
| (o) A representative of a local nonprofit entity that funds, | 1926 |
| advocates, or provides services to children and families. | 1927 |
| Notwithstanding any other provision of law, the public | 1928 |
| members of a county council are not prohibited from serving on the | 1929 |
| council and making decisions regarding the duties of the council, | 1930 |
| including those involving the funding of joint projects and those | 1931 |
| outlined in the county's service coordination mechanism | 1932 |
| implemented pursuant to division (C) of this section. | 1933 |
| The cabinet council shall establish a state appeals process | 1934 |
| to resolve disputes among the members of a county council | 1935 |
| concerning whether reasonable responsibilities as members are | 1936 |
| being shared. The appeals process may be accessed only by a | 1937 |
| majority vote of the council members who are required to serve on | 1938 |
| the council. Upon appeal, the cabinet council may order that state | 1939 |
| funds for services to children and families be redirected to a | 1940 |
| county's board of county commissioners. | 1941 |
| (2) The purpose of the county council is to streamline and | 1942 |
| coordinate existing government services for families seeking | 1943 |
| services for their children. In seeking to fulfill its purpose, a | 1944 |
| county council shall provide for the following: | 1945 |
| (a) Referrals to the cabinet council of those children for | 1946 |
| whom the county council cannot provide adequate services; | 1947 |
| (b) Development and implementation of a process that annually | 1948 |
| evaluates and prioritizes services, fills service gaps where | 1949 |
| possible, and invents new approaches to achieve better results for | 1950 |
| families and children; | 1951 |
| (c) Participation in the development of a countywide, | 1952 |
| comprehensive, coordinated, multi-disciplinary, interagency system | 1953 |
| for infants and toddlers with developmental disabilities or delays | 1954 |
| and their families, as established pursuant to federal grants | 1955 |
| received and administered by the department of health for early | 1956 |
| intervention services under the "Education of the Handicapped Act | 1957 |
| Amendments of 1986"; | 1958 |
| (d) Maintenance of an accountability system to monitor the | 1959 |
| county council's progress in achieving results for families and | 1960 |
| children; | 1961 |
| (e) Establishment of a mechanism to ensure ongoing input from | 1962 |
| a broad representation of families who are receiving services | 1963 |
| within the county system. | 1964 |
| (3)(a) Except as provided in division (B)(3)(b) of this | 1965 |
| section, a county council shall comply with the policies, | 1966 |
| procedures, and activities prescribed by the rules or interagency | 1967 |
| agreements of a state department participating on the cabinet | 1968 |
| council whenever the county council performs a function subject to | 1969 |
| those rules or agreements. | 1970 |
| (b) On application of a county council, the cabinet council | 1971 |
| may grant an exemption from any rules or interagency agreements of | 1972 |
| a state department participating on the council if an exemption is | 1973 |
| necessary for the council to implement an alternative program or | 1974 |
| approach for service delivery to families and children. The | 1975 |
| application shall describe the proposed program or approach and | 1976 |
| specify the rules or interagency agreements from which an | 1977 |
| exemption is necessary. The cabinet council shall approve or | 1978 |
| disapprove the application in accordance with standards and | 1979 |
| procedures it shall adopt. If an application is approved, the | 1980 |
| exemption is effective only while the program or approach is being | 1981 |
| implemented, including a reasonable period during which the | 1982 |
| program or approach is being evaluated for effectiveness. | 1983 |
| (4)(a) Each county council shall designate an administrative | 1984 |
| agent for the council from among the following public entities: | 1985 |
| the board of alcohol, drug addiction, and mental health services, | 1986 |
| including a board of alcohol and drug addiction or a community | 1987 |
| mental health board if the county is served by separate boards; | 1988 |
| the board of county commissioners; any board of health of the | 1989 |
| county's city and general health districts; the county department | 1990 |
| of job and family services; the county agency responsible for the | 1991 |
| administration of children services pursuant to section 5153.15 of | 1992 |
| the Revised Code; the county board of mental retardation and | 1993 |
| developmental disabilities; any of the county's boards of | 1994 |
| education or governing boards of educational service centers; or | 1995 |
| the county's juvenile court. Any of the foregoing public entities, | 1996 |
| other than the board of county commissioners, may decline to serve | 1997 |
| as the council's administrative agent. | 1998 |
| A county council's administrative agent shall serve as the | 1999 |
| council's appointing authority for any employees of the council. | 2000 |
| The council shall file an annual budget with its administrative | 2001 |
| agent, with copies filed with the county auditor and with the | 2002 |
| board of county commissioners, unless the board is serving as the | 2003 |
| council's administrative agent. The council's administrative agent | 2004 |
| shall ensure that all expenditures are handled in accordance with | 2005 |
| policies, procedures, and activities prescribed by state | 2006 |
| departments in rules or interagency agreements that are applicable | 2007 |
| to the council's functions. | 2008 |
| The administrative agent for a county council may do any of | 2009 |
| the following on behalf of the council: | 2010 |
| (i) Enter into agreements or administer contracts with public | 2011 |
| or private entities to fulfill specific council business. Such | 2012 |
| agreements and contracts are exempt from the competitive bidding | 2013 |
| requirements of section 307.86 of the Revised Code if they have | 2014 |
| been approved by the county council and they are for the purchase | 2015 |
| of family and child welfare or child protection services or other | 2016 |
| social or job and family services for families and children. The | 2017 |
| approval of the county council is not required to exempt | 2018 |
| agreements or contracts entered into under section 5139.34, | 2019 |
| 5139.41, or 5139.43 of the Revised Code from the competitive | 2020 |
| bidding requirements of section 307.86 of the Revised Code. | 2021 |
| (ii) As determined by the council, provide financial | 2022 |
| stipends, reimbursements, or both, to family representatives for | 2023 |
| expenses related to council activity; | 2024 |
| (iii) Receive by gift, grant, devise, or bequest any moneys, | 2025 |
| lands, or other property for the purposes for which the council is | 2026 |
| established. The agent shall hold, apply, and dispose of the | 2027 |
| moneys, lands, or other property according to the terms of the | 2028 |
| gift, grant, devise, or bequest. Any interest or earnings shall be | 2029 |
| treated in the same manner and are subject to the same terms as | 2030 |
| the gift, grant, devise, or bequest from which it accrues. | 2031 |
| (b)(i) If the county council designates the board of county | 2032 |
| commissioners as its administrative agent, the board may, by | 2033 |
| resolution, delegate any of its powers and duties as | 2034 |
| administrative agent to an executive committee the board | 2035 |
| establishes from the membership of the county council. The board | 2036 |
| shall name to the executive committee at least the individuals | 2037 |
| described in divisions (B)(1)(a) to (i) of this section and may | 2038 |
| appoint the president of the board or another individual as the | 2039 |
| chair of the executive committee. The executive committee must | 2040 |
| include at least one family county council representative who does | 2041 |
| not have a family member employed by an agency represented on the | 2042 |
| council. | 2043 |
| (ii) The executive committee may, with the approval of the | 2044 |
| board, hire an executive director to assist the county council in | 2045 |
| administering its powers and duties. The executive director shall | 2046 |
| serve in the unclassified civil service at the pleasure of the | 2047 |
| executive committee. The executive director may, with the approval | 2048 |
| of the executive committee, hire other employees as necessary to | 2049 |
| properly conduct the county council's business. | 2050 |
| (iii) The board may require the executive committee to submit | 2051 |
| an annual budget to the board for approval and may amend or repeal | 2052 |
| the resolution that delegated to the executive committee its | 2053 |
| authority as the county council's administrative agent. | 2054 |
| (5) Two or more county councils may enter into an agreement | 2055 |
| to administer their county councils jointly by creating a regional | 2056 |
| family and children first council. A regional council possesses | 2057 |
| the same duties and authority possessed by a county council, | 2058 |
| except that the duties and authority apply regionally rather than | 2059 |
| to individual counties. Prior to entering into an agreement to | 2060 |
| create a regional council, the members of each county council to | 2061 |
| be part of the regional council shall meet to determine whether | 2062 |
| all or part of the members of each county council will serve as | 2063 |
| members of the regional council. | 2064 |
| (6) A board of county commissioners may approve a resolution | 2065 |
| by a majority vote of the board's members that requires the county | 2066 |
| council to submit a statement to the board each time the council | 2067 |
| proposes to enter into an agreement, adopt a plan, or make a | 2068 |
| decision, other than a decision pursuant to section 121.38 of the | 2069 |
| Revised Code, that requires the expenditure of funds for two or | 2070 |
| more families. The statement shall describe the proposed | 2071 |
| agreement, plan, or decision. | 2072 |
| Not later than fifteen days after the board receives the | 2073 |
| statement, it shall, by resolution approved by a majority of its | 2074 |
| members, approve or disapprove the agreement, plan, or decision. | 2075 |
| Failure of the board to pass a resolution during that time period | 2076 |
| shall be considered approval of the agreement, plan, or decision. | 2077 |
| An agreement, plan, or decision for which a statement is | 2078 |
| required to be submitted to the board shall be implemented only if | 2079 |
| it is approved by the board. | 2080 |
| (C) Each county shall develop a county service coordination | 2081 |
| mechanism. The county service coordination mechanism shall serve | 2082 |
| as the guiding document for coordination of services in the | 2083 |
| county. For children who also receive services under the help me | 2084 |
| grow program, the service coordination mechanism shall be | 2085 |
| consistent with rules adopted by the department of health under | 2086 |
| section 3701.61 of the Revised Code. All family service | 2087 |
| coordination plans shall be developed in accordance with the | 2088 |
| county service coordination mechanism. The mechanism shall be | 2089 |
| developed and approved with the participation of the county | 2090 |
| entities representing child welfare; mental retardation and | 2091 |
| developmental disabilities; alcohol, drug addiction, and mental | 2092 |
| health services; health; juvenile judges; education; the county | 2093 |
| family and children first council; and the county early | 2094 |
| intervention collaborative established pursuant to the federal | 2095 |
| early intervention program operated under the "Education of the | 2096 |
| Handicapped Act Amendments of 1986." The county shall establish an | 2097 |
| implementation schedule for the mechanism. The cabinet council may | 2098 |
| monitor the implementation and administration of each county's | 2099 |
| service coordination mechanism. | 2100 |
| Each mechanism shall include all of the following: | 2101 |
| (1) A procedure for an agency, including a juvenile court, or | 2102 |
| a family voluntarily seeking service coordination, to refer the | 2103 |
| child and family to the county council for service coordination in | 2104 |
| accordance with the | 2105 |
| (2) A procedure ensuring that a family and all appropriate | 2106 |
| staff from involved agencies, including a representative from the | 2107 |
| appropriate school district, are notified of and invited to | 2108 |
| participate in all family service coordination plan meetings; | 2109 |
| (3) A procedure that permits a family to initiate a meeting | 2110 |
| to develop or review the family's service coordination plan and | 2111 |
| allows the family to invite a family advocate, mentor, or support | 2112 |
| person of the family's choice to participate in any such meeting; | 2113 |
| (4) A procedure for ensuring that a family service | 2114 |
| coordination plan meeting is conducted | 2115 |
| each child who receives service coordination under the mechanism | 2116 |
| and for whom an emergency out-of-home placement | 2117 |
| 2118 | |
| placement is being considered. The meeting shall be conducted | 2119 |
| within ten days of | 2120 |
| 2121 | |
| conducted before a nonemergency out-of-home placement. The family | 2122 |
| service coordination plan shall outline how the county council | 2123 |
| members will jointly pay for services, where applicable, and | 2124 |
| provide services in the least restrictive environment. | 2125 |
| (5) A procedure for monitoring the progress and tracking the | 2126 |
| outcomes of each service coordination plan requested in the county | 2127 |
| including monitoring and tracking children in out-of-home | 2128 |
| placements to assure continued progress, appropriateness of | 2129 |
| placement, and continuity of care after discharge from placement | 2130 |
| with appropriate arrangements for housing, treatment, and | 2131 |
| education. | 2132 |
| (6) A procedure for protecting the confidentiality of all | 2133 |
| personal family information disclosed during service coordination | 2134 |
| meetings or contained in the comprehensive family service | 2135 |
| coordination plan. | 2136 |
| (7) A procedure for assessing the needs and strengths of any | 2137 |
| child or family that has been referred to the council for service | 2138 |
| coordination, including a child whose parent or custodian is | 2139 |
| voluntarily seeking services, and for ensuring that parents and | 2140 |
| custodians are afforded the opportunity to participate; | 2141 |
| (8) A procedure for development of a family service | 2142 |
| coordination plan described in division (D) of this section; | 2143 |
| (9) A local dispute resolution process to serve as the | 2144 |
| process that must be used first to resolve disputes among the | 2145 |
| agencies represented on the county council concerning the | 2146 |
| provision of services to children, including children who are | 2147 |
| abused, neglected, dependent, unruly, alleged unruly, or | 2148 |
| delinquent children and under the jurisdiction of the juvenile | 2149 |
| court and children whose parents or custodians are voluntarily | 2150 |
| seeking services. The local dispute resolution process shall | 2151 |
| comply with section 121.38 of the Revised Code. The local dispute | 2152 |
| resolution process shall be used to resolve disputes between a | 2153 |
| child's parents or custodians and the county council regarding | 2154 |
| service coordination. The county council shall inform the parents | 2155 |
| or custodians of their right to use the dispute resolution | 2156 |
| process. Parents or custodians shall use existing local agency | 2157 |
| grievance procedures to address disputes not involving service | 2158 |
| coordination. The dispute resolution process is in addition to and | 2159 |
| does not replace other rights or procedures that parents or | 2160 |
| custodians may have under other sections of the Revised Code. | 2161 |
| The cabinet council shall adopt rules in accordance with | 2162 |
| Chapter 119. of the Revised Code establishing an administrative | 2163 |
| review process to address problems that arise concerning the | 2164 |
| operation of a local dispute resolution process. | 2165 |
| Nothing in division (C)(4) of this section shall be | 2166 |
| interpreted as overriding or affecting decisions of a juvenile | 2167 |
| court regarding an out-of-home placement, long-term placement, or | 2168 |
| emergency out-of-home placement. | 2169 |
| (D) Each county shall develop a comprehensive family service | 2170 |
| coordination plan that does all of the following: | 2171 |
| (1) Designates service responsibilities among the various | 2172 |
| state and local agencies that provide services to children and | 2173 |
| their families, including children who are abused, neglected, | 2174 |
| dependent, unruly, or delinquent children and under the | 2175 |
| jurisdiction of the juvenile court and children whose parents or | 2176 |
| custodians are voluntarily seeking services; | 2177 |
| (2) Designates an individual, approved by the family, to | 2178 |
| track the progress of the family service coordination plan, | 2179 |
| schedule reviews as necessary, and facilitate the family service | 2180 |
| coordination plan meeting process; | 2181 |
| (3) Ensures that assistance and services to be provided are | 2182 |
| responsive to the strengths and needs of the family, as well as | 2183 |
| the family's culture, race, and ethnic group, by allowing the | 2184 |
| family to offer information and suggestions and participate in | 2185 |
| decisions. Identified assistance and services shall be provided in | 2186 |
| the least restrictive environment possible. | 2187 |
| (4) Includes a process for dealing with a child who is | 2188 |
| alleged to be an unruly child. The process shall include methods | 2189 |
| to divert the child from the juvenile court system; | 2190 |
| (5) Includes timelines for completion of goals specified in | 2191 |
| the plan with regular reviews scheduled to monitor progress toward | 2192 |
| those goals; | 2193 |
| (6) Includes a plan for dealing with short-term crisis | 2194 |
| situations and safety concerns. | 2195 |
| (E)(1) The process provided for under division (D)(4) of this | 2196 |
| section may include, but is not limited to, the following: | 2197 |
| (a) Designation of the person or agency to conduct the | 2198 |
| assessment of the child and the child's family as described in | 2199 |
| division (C)(7) of this section and designation of the instrument | 2200 |
| or instruments to be used to conduct the assessment; | 2201 |
| (b) An emphasis on the personal responsibilities of the child | 2202 |
| and the parental responsibilities of the parents, guardian, or | 2203 |
| custodian of the child; | 2204 |
| (c) Involvement of local law enforcement agencies and | 2205 |
| officials. | 2206 |
| (2) The method to divert a child from the juvenile court | 2207 |
| system that must be included in the service coordination process | 2208 |
| may include, but is not limited to, the following: | 2209 |
| (a) The preparation of a complaint under section 2151.27 of | 2210 |
| the Revised Code alleging that the child is an unruly child and | 2211 |
| notifying the child and the parents, guardian, or custodian that | 2212 |
| the complaint has been prepared to encourage the child and the | 2213 |
| parents, guardian, or custodian to comply with other methods to | 2214 |
| divert the child from the juvenile court system; | 2215 |
| (b) Conducting a meeting with the child, the parents, | 2216 |
| guardian, or custodian, and other interested parties to determine | 2217 |
| the appropriate methods to divert the child from the juvenile | 2218 |
| court system; | 2219 |
| (c) A method to provide to the child and the child's family a | 2220 |
| short-term respite from a short-term crisis situation involving a | 2221 |
| confrontation between the child and the parents, guardian, or | 2222 |
| custodian; | 2223 |
| (d) A program to provide a mentor to the child or the | 2224 |
| parents, guardian, or custodian; | 2225 |
| (e) A program to provide parenting education to the parents, | 2226 |
| guardian, or custodian; | 2227 |
| (f) An alternative school program for children who are truant | 2228 |
| from school, repeatedly disruptive in school, or suspended or | 2229 |
| expelled from school; | 2230 |
| (g) Other appropriate measures, including, but not limited | 2231 |
| to, any alternative methods to divert a child from the juvenile | 2232 |
| court system that are identified by the Ohio family and children | 2233 |
| first cabinet council. | 2234 |
| (F) Each county may review and revise the service | 2235 |
| coordination process described in division (D) of this section | 2236 |
| based on the availability of funds under Title IV-A of the "Social | 2237 |
| Security Act," 110 Stat. 2113 (1996), 42 U.S.C.A. 601, as amended, | 2238 |
| or to the extent resources are available from any other federal, | 2239 |
| state, or local funds. | 2240 |
| Sec. 122.17. (A) As used in this section: | 2241 |
| (1) "Full-time employee" means an individual who is employed | 2242 |
| for consideration for at least thirty-five hours a week, or who | 2243 |
| renders any other standard of service generally accepted by custom | 2244 |
| or specified by contract as full-time employment. | 2245 |
| (2) "New employee" means one of the following: | 2246 |
| (a) A full-time employee first employed by a taxpayer in the | 2247 |
| project that is the subject of the agreement after the taxpayer | 2248 |
| enters into a tax credit agreement with the tax credit authority | 2249 |
| under this section; | 2250 |
| (b) A full-time employee first employed by a taxpayer in the | 2251 |
| project that is the subject of the tax credit after the tax credit | 2252 |
| authority approves a project for a tax credit under this section | 2253 |
| in a public meeting, as long as the taxpayer enters into the tax | 2254 |
| credit agreement prepared by the department of development after | 2255 |
| such meeting within sixty days after receiving the agreement from | 2256 |
| the department. If the taxpayer fails to enter into the agreement | 2257 |
| within sixty days, "new employee" has the same meaning as under | 2258 |
| division (A)(2)(a) of this section. | 2259 |
| Under division (A)(2)(a) or (b) of this section, if the tax | 2260 |
| credit authority determines it appropriate, "new employee" also | 2261 |
| may include an employee re-hired or called back from lay-off to | 2262 |
| work in a new facility or on a new product or service established | 2263 |
| or produced by the taxpayer after entering into the agreement | 2264 |
| under this section or after the tax credit authority approves the | 2265 |
| tax credit in a public meeting. Except as otherwise provided in | 2266 |
| this paragraph, "new employee" does not include any employee of | 2267 |
| the taxpayer who was previously employed in this state by a | 2268 |
| related member of the taxpayer and whose employment was shifted to | 2269 |
| the taxpayer after the taxpayer entered into the tax credit | 2270 |
| agreement or after the tax credit authority approved the credit in | 2271 |
| a public meeting, or any employee of the taxpayer for which the | 2272 |
| taxpayer has been granted a certificate under division (B) of | 2273 |
| section 5709.66 of the Revised Code. However, if the taxpayer is | 2274 |
| engaged in the enrichment and commercialization of uranium or | 2275 |
| uranium products or is engaged in research and development | 2276 |
| activities related thereto and if the tax credit authority | 2277 |
| determines it appropriate, "new employee" may include an employee | 2278 |
| of the taxpayer who was previously employed in this state by a | 2279 |
| related member of the taxpayer and whose employment was shifted to | 2280 |
| the taxpayer after the taxpayer entered into the tax credit | 2281 |
| agreement or after the tax credit authority approved the credit in | 2282 |
| a public meeting. "New employee" does not include an employee of | 2283 |
| the taxpayer who is employed in an employment position that was | 2284 |
| relocated to a project from other operations of the taxpayer in | 2285 |
| this state or from operations of a related member of the taxpayer | 2286 |
| in this state. In addition, "new employee" does not include a | 2287 |
| child, grandchild, parent, or spouse, other than a spouse who is | 2288 |
| legally separated from the individual, of any individual who is an | 2289 |
| employee of the taxpayer and who has a direct or indirect | 2290 |
| ownership interest of at least five per cent in the profits, | 2291 |
| capital, or value of the taxpayer. Such ownership interest shall | 2292 |
| be determined in accordance with section 1563 of the Internal | 2293 |
| Revenue Code and regulations prescribed thereunder. | 2294 |
| (3) "New income tax revenue" means the total amount withheld | 2295 |
| under section 5747.06 of the Revised Code by the taxpayer during | 2296 |
| the taxable year, or during the calendar year that includes the | 2297 |
| tax period, from the compensation of new employees for the tax | 2298 |
| levied under Chapter 5747. of the Revised Code. | 2299 |
| (4) "Related member" has the same meaning as under division | 2300 |
| (A)(6) of section 5733.042 of the Revised Code without regard to | 2301 |
| division (B) of that section. | 2302 |
| (B) The tax credit authority may make grants under this | 2303 |
| section to foster job creation in this state. Such a grant shall | 2304 |
| take the form of a refundable credit allowed against the tax | 2305 |
| imposed by section 5725.18, 5729.03, 5733.06, or 5747.02 or levied | 2306 |
| under Chapter 5751. of the Revised Code. The credit shall be | 2307 |
| claimed for the taxable years or tax periods specified in the | 2308 |
| taxpayer's agreement with the tax credit authority under division | 2309 |
| (D) of this section. With respect to taxes imposed under section | 2310 |
| 5733.06 or 5747.02 or Chapter 5751. of the Revised Code, the | 2311 |
| credit shall be claimed in the order required under section | 2312 |
| 5733.98, 5747.98, or 5751.98 of the Revised Code. The amount of | 2313 |
| the credit available for a taxable year or for a calendar year | 2314 |
| that includes a tax period equals the new income tax revenue for | 2315 |
| that year multiplied by the percentage specified in the agreement | 2316 |
| with the tax credit authority. Any credit granted under this | 2317 |
| section against the tax imposed by section 5733.06 or 5747.02 of | 2318 |
| the Revised Code, to the extent not fully utilized against such | 2319 |
| tax for taxable years ending prior to 2008, shall automatically be | 2320 |
| converted without any action taken by the tax credit authority to | 2321 |
| a credit against the tax levied under Chapter 5751. of the Revised | 2322 |
| Code for tax periods beginning on or after July 1, 2008, provided | 2323 |
| that the person to whom the credit was granted is subject to such | 2324 |
| tax. The converted credit shall apply to those calendar years in | 2325 |
| which the remaining taxable years specified in the agreement end. | 2326 |
| (C) A taxpayer or potential taxpayer who proposes a project | 2327 |
| to create new jobs in this state may apply to the tax credit | 2328 |
| authority to enter into an agreement for a tax credit under this | 2329 |
| section. The director of development shall prescribe the form of | 2330 |
| the application. After receipt of an application, the authority | 2331 |
| may enter into an agreement with the taxpayer for a credit under | 2332 |
| this section if it determines all of the following: | 2333 |
| (1) The taxpayer's project will create new jobs in this | 2334 |
| state; | 2335 |
| (2) The taxpayer's project is economically sound and will | 2336 |
| benefit the people of this state by increasing opportunities for | 2337 |
| employment and strengthening the economy of this state; | 2338 |
| (3) Receiving the tax credit is a major factor in the | 2339 |
| taxpayer's decision to go forward with the project. | 2340 |
| (D) An agreement under this section shall include all of the | 2341 |
| following: | 2342 |
| (1) A detailed description of the project that is the subject | 2343 |
| of the agreement; | 2344 |
| (2) The term of the tax credit, which shall not exceed | 2345 |
| fifteen years, and the first taxable year, or first calendar year | 2346 |
| that includes a tax period, for which the credit may be claimed; | 2347 |
| (3) A requirement that the taxpayer shall maintain operations | 2348 |
| at the project location for at least twice the number of years as | 2349 |
| the term of the tax credit; | 2350 |
| (4) The percentage, as determined by the tax credit | 2351 |
| authority, of new income tax revenue that will be allowed as the | 2352 |
| amount of the credit for each taxable year or for each calendar | 2353 |
| year that includes a tax period; | 2354 |
| (5) A specific method for determining how many new employees | 2355 |
| are employed during a taxable year or during a calendar year that | 2356 |
| includes a tax period; | 2357 |
| (6) A requirement that the taxpayer annually shall report to | 2358 |
| the director of development the number of new employees, the new | 2359 |
| income tax revenue withheld in connection with the new employees, | 2360 |
| and any other information the director needs to perform the | 2361 |
| director's duties under this section; | 2362 |
| (7) A requirement that the director of development annually | 2363 |
| shall verify the amounts reported under division (D)(6) of this | 2364 |
| section, and after doing so shall issue a certificate to the | 2365 |
| taxpayer stating that the amounts have been verified; | 2366 |
| (8)(a) A provision requiring that the taxpayer, except as | 2367 |
| otherwise provided in division (D)(8)(b) of this section, shall | 2368 |
| not relocate employment positions from elsewhere in this state to | 2369 |
| the project site that is the subject of the agreement for the | 2370 |
| lesser of five years from the date the agreement is entered into | 2371 |
| or the number of years the taxpayer is entitled to claim the tax | 2372 |
| credit. | 2373 |
| (b) The taxpayer may relocate employment positions from | 2374 |
| elsewhere in this state to the project site that is the subject of | 2375 |
| the agreement if the director of development determines both of | 2376 |
| the following: | 2377 |
| (i) That the site from which the employment positions would | 2378 |
| be relocated is inadequate to meet market and industry conditions, | 2379 |
| expansion plans, consolidation plans, or other business | 2380 |
| considerations affecting the taxpayer; | 2381 |
| (ii) That the legislative authority of the county, township, | 2382 |
| or municipal corporation from which the employment positions would | 2383 |
| be relocated has been notified of the relocation. | 2384 |
| For purposes of this section, the movement of an employment | 2385 |
| position from one political subdivision to another political | 2386 |
| subdivision shall be considered a relocation of an employment | 2387 |
| position, but the transfer of an individual employee from one | 2388 |
| political subdivision to another political subdivision shall not | 2389 |
| be considered a relocation of an employment position as long as | 2390 |
| the individual's employment position in the first political | 2391 |
| subdivision is refilled. | 2392 |
| (E) If a taxpayer fails to meet or comply with any condition | 2393 |
| or requirement set forth in a tax credit agreement, the tax credit | 2394 |
| authority may amend the agreement to reduce the percentage or term | 2395 |
| of the tax credit. The reduction of the percentage or term shall | 2396 |
| take effect in the taxable year immediately following the taxable | 2397 |
| year in which the authority amends the agreement or in the first | 2398 |
| tax period beginning in the calendar year immediately following | 2399 |
| the calendar year in which the authority amends the agreement. If | 2400 |
| the taxpayer relocates employment positions in violation of the | 2401 |
| provision required under division (D)(8)(a) of this section, the | 2402 |
| taxpayer shall not claim the tax credit under section 5733.0610 of | 2403 |
| the Revised Code for any tax years following the calendar year in | 2404 |
| which the relocation occurs, or shall not claim the tax credit | 2405 |
| under section 5725.32, 5729.032, or 5747.058 of the Revised Code | 2406 |
| for the taxable year in which the relocation occurs and any | 2407 |
| subsequent taxable years, and shall not claim the tax credit under | 2408 |
| division (A) of section 5751.50 of the Revised Code for any tax | 2409 |
| period in the calendar year in which the relocation occurs and any | 2410 |
| subsequent tax periods. | 2411 |
| (F) Projects that consist solely of point-of-final-purchase | 2412 |
| retail facilities are not eligible for a tax credit under this | 2413 |
| section. If a project consists of both point-of-final-purchase | 2414 |
| retail facilities and nonretail facilities, only the portion of | 2415 |
| the project consisting of the nonretail facilities is eligible for | 2416 |
| a tax credit and only the new income tax revenue from new | 2417 |
| employees of the nonretail facilities shall be considered when | 2418 |
| computing the amount of the tax credit. If a warehouse facility is | 2419 |
| part of a point-of-final-purchase retail facility and supplies | 2420 |
| only that facility, the warehouse facility is not eligible for a | 2421 |
| tax credit. Catalog distribution centers are not considered | 2422 |
| point-of-final-purchase retail facilities for the purposes of this | 2423 |
| division, and are eligible for tax credits under this section. | 2424 |
| (G) Financial statements and other information submitted to | 2425 |
| the department of development or the tax credit authority by an | 2426 |
| applicant or recipient of a tax credit under this section, and any | 2427 |
| information taken for any purpose from such statements or | 2428 |
| information, are not public records subject to section 149.43 of | 2429 |
| the Revised Code. However, the chairperson of the authority may | 2430 |
| make use of the statements and other information for purposes of | 2431 |
| issuing public reports or in connection with court proceedings | 2432 |
| concerning tax credit agreements under this section. Upon the | 2433 |
| request of the tax commissioner or, if the applicant or recipient | 2434 |
| is an insurance company, upon the request of the superintendent of | 2435 |
| insurance, the chairperson of the authority shall provide to the | 2436 |
| commissioner or superintendent any statement or information | 2437 |
| submitted by an applicant or recipient of a tax credit in | 2438 |
| connection with the credit. The commissioner or superintendent | 2439 |
| shall preserve the confidentiality of the statement or | 2440 |
| information. | 2441 |
| (H) A taxpayer claiming a credit under this section shall | 2442 |
| submit to the tax commissioner or, if the taxpayer is an insurance | 2443 |
| company, to the superintendent of insurance, a copy of the | 2444 |
| director of development's certificate of verification under | 2445 |
| division (D)(7) of this section with the taxpayer's tax report or | 2446 |
| return for the taxable year or for the calendar year that includes | 2447 |
| the tax period. | 2448 |
| certificate with the report or return does not invalidate a claim | 2449 |
| for a credit if the taxpayer submits a copy of the certificate to | 2450 |
| the commissioner or superintendent within sixty days after the | 2451 |
| commissioner or superintendent requests it. | 2452 |
| (I) The director of development, after consultation with the | 2453 |
| tax commissioner and the superintendent of insurance and in | 2454 |
| accordance with Chapter 119. of the Revised Code, shall adopt | 2455 |
| rules necessary to implement this section. The rules may provide | 2456 |
| for recipients of tax credits under this section to be charged | 2457 |
| fees to cover administrative costs of the tax credit program. At | 2458 |
| the time the director gives public notice under division (A) of | 2459 |
| section 119.03 of the Revised Code of the adoption of the rules, | 2460 |
| the director shall submit copies of the proposed rules to the | 2461 |
| chairpersons of the standing committees on economic development in | 2462 |
| the senate and the house of representatives. | 2463 |
| (J) For the purposes of this section, a taxpayer may include | 2464 |
| a partnership, a corporation that has made an election under | 2465 |
| subchapter S of chapter one of subtitle A of the Internal Revenue | 2466 |
| Code, or any other business entity through which income flows as a | 2467 |
| distributive share to its owners. A credit received under this | 2468 |
| section by a partnership, S-corporation, or other such business | 2469 |
| entity shall be apportioned among the persons to whom the income | 2470 |
| or profit of the partnership, S-corporation, or other entity is | 2471 |
| distributed, in the same proportions as those in which the income | 2472 |
| or profit is distributed. | 2473 |
| (K) If the director of development determines that a taxpayer | 2474 |
| who has received a credit under this section is not complying with | 2475 |
| the requirement under division (D)(3) of this section, the | 2476 |
| director shall notify the tax credit authority of the | 2477 |
| noncompliance. After receiving such a notice, and after giving the | 2478 |
| taxpayer an opportunity to explain the noncompliance, the tax | 2479 |
| credit authority may require the taxpayer to refund to this state | 2480 |
| a portion of the credit in accordance with the following: | 2481 |
| (1) If the taxpayer maintained operations at the project | 2482 |
| location for at least one and one-half times the number of years | 2483 |
| of the term of the tax credit, an amount not exceeding twenty-five | 2484 |
| per cent of the sum of any previously allowed credits under this | 2485 |
| section; | 2486 |
| (2) If the taxpayer maintained operations at the project | 2487 |
| location for at least the number of years of the term of the tax | 2488 |
| credit, an amount not exceeding fifty per cent of the sum of any | 2489 |
| previously allowed credits under this section; | 2490 |
| (3) If the taxpayer maintained operations at the project | 2491 |
| location for less than the number of years of the term of the tax | 2492 |
| credit, an amount not exceeding one hundred per cent of the sum of | 2493 |
| any previously allowed credits under this section. | 2494 |
| In determining the portion of the tax credit to be refunded | 2495 |
| to this state, the tax credit authority shall consider the effect | 2496 |
| of market conditions on the taxpayer's project and whether the | 2497 |
| taxpayer continues to maintain other operations in this state. | 2498 |
| After making the determination, the authority shall certify the | 2499 |
| amount to be refunded to the tax commissioner or superintendent of | 2500 |
| insurance, as appropriate. If the amount is certified to the | 2501 |
| commissioner, the commissioner shall make an assessment for that | 2502 |
| amount against the taxpayer under Chapter 5733., 5747., or 5751. | 2503 |
| of the Revised Code. If the amount is certified to the | 2504 |
| superintendent, the superintendent shall make an assessment for | 2505 |
| that amount against the taxpayer under Chapter 5725. or 5729. of | 2506 |
| the Revised Code. The time limitations on assessments under those | 2507 |
| chapters do not apply to an assessment under this division, but | 2508 |
| the commissioner or superintendent, as appropriate, shall make the | 2509 |
| assessment within one year after the date the authority certifies | 2510 |
| to the commissioner or superintendent the amount to be refunded. | 2511 |
| (L) On or before the thirty-first day of March each year, the | 2512 |
| director of development shall submit a report to the governor, the | 2513 |
| president of the senate, and the speaker of the house of | 2514 |
| representatives on the tax credit program under this section. The | 2515 |
| report shall include information on the number of agreements that | 2516 |
| were entered into under this section during the preceding calendar | 2517 |
| year, a description of the project that is the subject of each | 2518 |
| such agreement, and an update on the status of projects under | 2519 |
| agreements entered into before the preceding calendar year. | 2520 |
| (M) There is hereby created the tax credit authority, which | 2521 |
| consists of the director of development and four other members | 2522 |
| appointed as follows: the governor, the president of the senate, | 2523 |
| and the speaker of the house of representatives each shall appoint | 2524 |
| one member who shall be a specialist in economic development; the | 2525 |
| governor also shall appoint a member who is a specialist in | 2526 |
| taxation. Of the initial appointees, the members appointed by the | 2527 |
| governor shall serve a term of two years; the members appointed by | 2528 |
| the president of the senate and the speaker of the house of | 2529 |
| representatives shall serve a term of four years. Thereafter, | 2530 |
| terms of office shall be for four years. Initial appointments to | 2531 |
| the authority shall be made within thirty days after January 13, | 2532 |
| 1993. Each member shall serve on the authority until the end of | 2533 |
| the term for which the member was appointed. Vacancies shall be | 2534 |
| filled in the same manner provided for original appointments. Any | 2535 |
| member appointed to fill a vacancy occurring prior to the | 2536 |
| expiration of the term for which the member's predecessor was | 2537 |
| appointed shall hold office for the remainder of that term. | 2538 |
| Members may be reappointed to the authority. Members of the | 2539 |
| authority shall receive their necessary and actual expenses while | 2540 |
| engaged in the business of the authority. The director of | 2541 |
| development shall serve as chairperson of the authority, and the | 2542 |
| members annually shall elect a vice-chairperson from among | 2543 |
| themselves. Three members of the authority constitute a quorum to | 2544 |
| transact and vote on the business of the authority. The majority | 2545 |
| vote of the membership of the authority is necessary to approve | 2546 |
| any such business, including the election of the vice-chairperson. | 2547 |
| The director of development may appoint a professional | 2548 |
| employee of the department of development to serve as the | 2549 |
| director's substitute at a meeting of the authority. The director | 2550 |
| shall make the appointment in writing. In the absence of the | 2551 |
| director from a meeting of the authority, the appointed substitute | 2552 |
| shall serve as chairperson. In the absence of both the director | 2553 |
| and the director's substitute from a meeting, the vice-chairperson | 2554 |
| shall serve as chairperson. | 2555 |
| (N) For purposes of the credits granted by this section | 2556 |
| against the taxes imposed under sections 5725.18 and 5729.03 of | 2557 |
| the Revised Code, "taxable year" means the period covered by the | 2558 |
| taxpayer's annual statement to the superintendent of insurance. | 2559 |
| Sec. 122.171. (A) As used in this section: | 2560 |
| (1) "Capital investment project" means a plan of investment | 2561 |
| at a project site for the acquisition, construction, renovation, | 2562 |
| or repair of buildings, machinery, or equipment, or for | 2563 |
| capitalized costs of basic research and new product development | 2564 |
| determined in accordance with generally accepted accounting | 2565 |
| principles, but does not include any of the following: | 2566 |
| (a) Payments made for the acquisition of personal property | 2567 |
| through operating leases; | 2568 |
| (b) Project costs paid before January 1, 2002; | 2569 |
| (c) Payments made to a related member as defined in section | 2570 |
| 5733.042 of the Revised Code or to an elected consolidated | 2571 |
| taxpayer or a combined taxpayer as defined in section 5751.01 of | 2572 |
| the Revised Code. | 2573 |
| (2) "Eligible business" means a business with Ohio operations | 2574 |
| satisfying all of the following: | 2575 |
| (a) Employed an average of at least one thousand employees in | 2576 |
| full-time employment positions at a project site during each of | 2577 |
| the twelve months preceding the application for a tax credit under | 2578 |
| this section; and | 2579 |
| (b) On or after January 1, 2002, has made payments for the | 2580 |
| capital investment project of either of the following: | 2581 |
| (i) At least two hundred million dollars in the aggregate at | 2582 |
| the project site during a period of three consecutive calendar | 2583 |
| years including the calendar year that includes a day of the | 2584 |
| taxpayer's taxable year or tax period with respect to which the | 2585 |
| credit is granted; | 2586 |
| (ii) If the average wage of all full-time employment | 2587 |
| positions at the project site is greater than four hundred per | 2588 |
| cent of the federal minimum wage, at least one hundred million | 2589 |
| dollars in the aggregate at the project site during a period of | 2590 |
| three consecutive calendar years including the calendar year that | 2591 |
| includes a day of the taxpayer's taxable year or tax period with | 2592 |
| respect to which the credit is granted. | 2593 |
| (c) Is engaged at the project site primarily as a | 2594 |
| manufacturer or is providing significant corporate administrative | 2595 |
| functions; | 2596 |
| (d) Has had a capital investment project reviewed and | 2597 |
| approved by the tax credit authority as provided in divisions (C), | 2598 |
| (D), and (E) of this section. | 2599 |
| (3) "Full-time employment position" means a position of | 2600 |
| employment for consideration for at least thirty-five hours a week | 2601 |
| that has been filled for at least one hundred eighty days | 2602 |
| immediately preceding the filing of an application under this | 2603 |
| section and for at least one hundred eighty days during each | 2604 |
| taxable year or each calendar year that includes a tax period with | 2605 |
| respect to which the credit is granted. | 2606 |
| (4) "Manufacturer" has the same meaning as in section | 2607 |
| 5739.011 of the Revised Code. | 2608 |
| (5) "Project site" means an integrated complex of facilities | 2609 |
| in this state, as specified by the tax credit authority under this | 2610 |
| section, within a fifteen-mile radius where a taxpayer is | 2611 |
| primarily operating as an eligible business. | 2612 |
| (6) "Applicable corporation" means a corporation satisfying | 2613 |
| all of the following: | 2614 |
| (a)(i) For the entire taxable year immediately preceding the | 2615 |
| tax year, the corporation develops software applications primarily | 2616 |
| to provide telecommunication billing and information services | 2617 |
| through outsourcing or licensing to domestic or international | 2618 |
| customers. | 2619 |
| (ii) Sales and licensing of software generated at least six | 2620 |
| hundred million dollars in revenue during the taxable year | 2621 |
| immediately preceding the tax year the corporation is first | 2622 |
| entitled to claim the credit provided under division (B) of this | 2623 |
| section. | 2624 |
| (b) For the entire taxable year immediately preceding the tax | 2625 |
| year, the corporation or one or more of its related members | 2626 |
| provides customer or employee care and technical support for | 2627 |
| clients through one or more contact centers within this state, and | 2628 |
| the corporation and its related members together have a daily | 2629 |
| average, based on a three-hundred-sixty-five-day year, of at least | 2630 |
| five hundred thousand successful customer contacts through one or | 2631 |
| more of their contact centers, wherever located. | 2632 |
| (c) The corporation is eligible for the credit under division | 2633 |
| (B) of this section for the tax year. | 2634 |
| (7) "Related member" has the same meaning as in section | 2635 |
| 5733.042 of the Revised Code as that section existed on the | 2636 |
| effective date of its amendment by Am. Sub. H.B. 215 of the 122nd | 2637 |
| general assembly, September 29, 1997. | 2638 |
| (8) "Successful customer contact" means a contact with an end | 2639 |
| user via telephone, including interactive voice recognition or | 2640 |
| similar means, where the contact culminates in a conversation or | 2641 |
| connection other than a busy signal or equipment busy. | 2642 |
| (9) "Telecommunications" means all forms of | 2643 |
| telecommunications service as defined in section 5739.01 of the | 2644 |
| Revised Code, and includes services in wireless, wireline, cable, | 2645 |
| broadband, internet protocol, and satellite. | 2646 |
| (10)(a) "Applicable difference" means the difference between | 2647 |
| the tax for the tax year under Chapter 5733. of the Revised Code | 2648 |
| applying the law in effect for that tax year, and the tax for that | 2649 |
| tax year if section 5733.042 of the Revised Code applied as that | 2650 |
| section existed on the effective date of its amendment by Am. Sub. | 2651 |
| H.B. 215 of the 122nd general assembly, September 29, 1997, | 2652 |
| subject to division (A)(10)(b) of this section. | 2653 |
| (b) If the tax rate set forth in division (B) of section | 2654 |
| 5733.06 of the Revised Code for the tax year is less than eight | 2655 |
| and one-half per cent, the tax calculated under division | 2656 |
| (A)(10)(a) of this section shall be computed by substituting a tax | 2657 |
| rate of eight and one-half per cent for the rate set forth in | 2658 |
| division (B) of section 5733.06 of the Revised Code for the tax | 2659 |
| year. | 2660 |
| (c) If the resulting difference is negative, the applicable | 2661 |
| tax difference for the tax year shall be zero. | 2662 |
| (B) The tax credit authority created under section 122.17 of | 2663 |
| the Revised Code may grant tax credits under this section for the | 2664 |
| purpose of fostering job retention in this state. Upon application | 2665 |
| by an eligible business and upon consideration of the | 2666 |
| recommendation of the director of budget and management, tax | 2667 |
| commissioner, and director of development under division (C) of | 2668 |
| this section, the tax credit authority may grant to an eligible | 2669 |
| business a nonrefundable credit against the tax imposed by section | 2670 |
|
5733.06 or 5747.02 | 2671 |
| Code for a period up to fifteen taxable years and against the tax | 2672 |
| levied by Chapter 5751. of the Revised Code for a period of up to | 2673 |
| fifteen calendar years. The credit shall be in an amount not | 2674 |
| exceeding seventy-five per cent of the Ohio income tax withheld | 2675 |
| from the employees of the eligible business occupying full-time | 2676 |
| employment positions at the project site during the calendar year | 2677 |
| that includes the last day of such business' taxable year or tax | 2678 |
| period with respect to which the credit is granted. The amount of | 2679 |
| the credit shall not be based on the Ohio income tax withheld from | 2680 |
| full-time employees for a calendar year prior to the calendar year | 2681 |
| in which the minimum investment requirement referred to in | 2682 |
| division (A)(2)(b) of this section is completed. The credit shall | 2683 |
| be claimed only for the taxable years or tax periods specified in | 2684 |
| the eligible business' agreement with the tax credit authority | 2685 |
| under division (E) of this section, but in no event shall the | 2686 |
| credit be claimed for a taxable year or tax period terminating | 2687 |
| before the date specified in the agreement. Any credit granted | 2688 |
| under this section against the tax imposed by section 5733.06 or | 2689 |
| 5747.02 of the Revised Code, to the extent not fully utilized | 2690 |
| against such tax for taxable years ending prior to 2008, shall | 2691 |
| automatically be converted without any action taken by the tax | 2692 |
| credit authority to a credit against the tax levied under Chapter | 2693 |
| 5751. of the Revised Code for tax periods beginning on or after | 2694 |
| July 1, 2008, provided that the person to whom the credit was | 2695 |
| granted is subject to such tax. The converted credit shall apply | 2696 |
| to those calendar years in which the remaining taxable years | 2697 |
| specified in the agreement end. | 2698 |
| The credit computed under this division is in addition to any | 2699 |
| credit allowed under division (M) of this section which the tax | 2700 |
| credit authority may also include in the agreement. | 2701 |
| Any unused portion of a tax credit may be carried forward for | 2702 |
| not more than three additional years after the year for which the | 2703 |
| credit is granted. | 2704 |
| (C) A taxpayer that proposes a capital investment project to | 2705 |
| retain jobs in this state may apply to the tax credit authority to | 2706 |
| enter into an agreement for a tax credit under this section. The | 2707 |
| director of development shall prescribe the form of the | 2708 |
| application. After receipt of an application, the authority shall | 2709 |
| forward copies of the application to the director of budget and | 2710 |
| management, the tax commissioner, and the director of development, | 2711 |
| each of whom shall review the application to determine the | 2712 |
| economic impact the proposed project would have on the state and | 2713 |
| the affected political subdivisions and shall submit a summary of | 2714 |
| their determinations and recommendations to the authority. | 2715 |
| (D) Upon review of the determinations and recommendations | 2716 |
| described in division (C) of this section, the tax credit | 2717 |
| authority may enter into an agreement with the taxpayer for a | 2718 |
| credit under this section if the authority determines all of the | 2719 |
| following: | 2720 |
| (1) The taxpayer's capital investment project will result in | 2721 |
| the retention of full-time employment positions in this state. | 2722 |
| (2) The taxpayer is economically sound and has the ability to | 2723 |
| complete the proposed capital investment project. | 2724 |
| (3) The taxpayer intends to and has the ability to maintain | 2725 |
| operations at the project site for at least twice the term of the | 2726 |
| credit. | 2727 |
| (4) Receiving the credit is a major factor in the taxpayer's | 2728 |
| decision to begin, continue with, or complete the project. | 2729 |
| (5) The political subdivisions in which the project is | 2730 |
| located have agreed to provide substantial financial support to | 2731 |
| the project. | 2732 |
| (E) An agreement under this section shall include all of the | 2733 |
| following: | 2734 |
| (1) A detailed description of the project that is the subject | 2735 |
| of the agreement, including the amount of the investment, the | 2736 |
| period over which the investment has been or is being made, and | 2737 |
| the number of full-time employment positions at the project site. | 2738 |
| (2) The method of calculating the number of full-time | 2739 |
| employment positions as specified in division (A)(3) of this | 2740 |
| section. | 2741 |
| (3) The term and percentage of the tax credit, and the first | 2742 |
| year for which the credit may be claimed. | 2743 |
| (4) A requirement that the taxpayer maintain operations at | 2744 |
| the project site for at least twice the number of years as the | 2745 |
| term of the credit. | 2746 |
| (5) A requirement that the taxpayer retain a specified number | 2747 |
| of full-time employment positions at the project site and within | 2748 |
| this state for the term of the credit, including a requirement | 2749 |
| that the taxpayer continue to employ at least one thousand | 2750 |
| employees in full-time employment positions at the project site | 2751 |
| during the entire term of any agreement, subject to division | 2752 |
| (E)(7) of this section. | 2753 |
| (6) A requirement that the taxpayer annually report to the | 2754 |
| director of development the number of full-time employment | 2755 |
| positions subject to the credit, the amount of tax withheld from | 2756 |
| employees in those positions, the amount of the payments made for | 2757 |
| the capital investment project, and any other information the | 2758 |
| director needs to perform the director's duties under this | 2759 |
| section. | 2760 |
| (7) A requirement that the director of development annually | 2761 |
| review the annual reports of the taxpayer to verify the | 2762 |
| information reported under division (E)(6) of this section and | 2763 |
| compliance with the agreement. Upon verification, the director | 2764 |
| shall issue a certificate to the taxpayer stating that the | 2765 |
| information has been verified and identifying the amount of the | 2766 |
| credit for the taxable year. Unless otherwise specified by the tax | 2767 |
| credit authority in a resolution and included as part of the | 2768 |
| agreement, the director shall not issue a certificate for any year | 2769 |
| in which the total number of filled full-time employment positions | 2770 |
| for each day of the calendar year divided by three hundred | 2771 |
| sixty-five is less than ninety per cent of the full-time | 2772 |
| employment positions specified in division (E)(5) of this section. | 2773 |
| In determining the number of full-time employment positions, no | 2774 |
| position shall be counted that is filled by an employee who is | 2775 |
| included in the calculation of a tax credit under section 122.17 | 2776 |
| of the Revised Code. | 2777 |
| (8)(a) A provision requiring that the taxpayer, except as | 2778 |
| otherwise provided in division (E)(8)(b) of this section, shall | 2779 |
| not relocate employment positions from elsewhere in this state to | 2780 |
| the project site that is the subject of the agreement for the | 2781 |
| lesser of five years from the date the agreement is entered into | 2782 |
| or the number of years the taxpayer is entitled to claim the | 2783 |
| credit. | 2784 |
| (b) The taxpayer may relocate employment positions from | 2785 |
| elsewhere in this state to the project site that is the subject of | 2786 |
| the agreement if the director of development determines both of | 2787 |
| the following: | 2788 |
| (i) That the site from which the employment positions would | 2789 |
| be relocated is inadequate to meet market and industry conditions, | 2790 |
| expansion plans, consolidation plans, or other business | 2791 |
| considerations affecting the taxpayer; | 2792 |
| (ii) That the legislative authority of the county, township, | 2793 |
| or municipal corporation from which the employment positions would | 2794 |
| be relocated has been notified of the relocation. | 2795 |
| For purposes of this section, the movement of an employment | 2796 |
| position from one political subdivision to another political | 2797 |
| subdivision shall be considered a relocation of an employment | 2798 |
| position unless the movement is confined to the project site. The | 2799 |
| transfer of an individual employee from one political subdivision | 2800 |
| to another political subdivision shall not be considered a | 2801 |
| relocation of an employment position as long as the individual's | 2802 |
| employment position in the first political subdivision is | 2803 |
| refilled. | 2804 |
| (9) A waiver by the taxpayer of any limitations periods | 2805 |
| relating to assessments or adjustments resulting from the | 2806 |
| taxpayer's failure to comply with the agreement. | 2807 |
| (F) If a taxpayer fails to meet or comply with any condition | 2808 |
| or requirement set forth in a tax credit agreement, the tax credit | 2809 |
| authority may amend the agreement to reduce the percentage or term | 2810 |
| of the credit. The reduction of the percentage or term shall take | 2811 |
| effect in the taxable year immediately following the taxable year | 2812 |
| in which the authority amends the agreement or in the first tax | 2813 |
| period beginning in the calendar year immediately following the | 2814 |
| calendar year in which the authority amends the agreement. If the | 2815 |
| taxpayer relocates employment positions in violation of the | 2816 |
| provision required under division (D)(8)(a) of this section, the | 2817 |
| taxpayer shall not claim the tax credit under section 5733.0610 of | 2818 |
| the Revised Code for any tax years following the calendar year in | 2819 |
| which the relocation occurs, shall not claim the tax credit under | 2820 |
| section 5747.058 of the Revised Code for the taxable year in which | 2821 |
| the relocation occurs and any subsequent taxable years, and shall | 2822 |
| not claim the tax credit under division (A) of section 5751.50 of | 2823 |
| the Revised Code for the tax period in which the relocation occurs | 2824 |
| and any subsequent tax periods. | 2825 |
| (G) Financial statements and other information submitted to | 2826 |
| the department of development or the tax credit authority by an | 2827 |
| applicant for or recipient of a tax credit under this section, and | 2828 |
| any information taken for any purpose from such statements or | 2829 |
| information, are not public records subject to section 149.43 of | 2830 |
| the Revised Code. However, the chairperson of the authority may | 2831 |
| make use of the statements and other information for purposes of | 2832 |
| issuing public reports or in connection with court proceedings | 2833 |
| concerning tax credit agreements under this section. Upon the | 2834 |
| request of the tax commissioner, the chairperson of the authority | 2835 |
| shall provide to the commissioner any statement or other | 2836 |
| information submitted by an applicant for or recipient of a tax | 2837 |
| credit in connection with the credit. The commissioner shall | 2838 |
| preserve the confidentiality of the statement or other | 2839 |
| information. | 2840 |
| (H) A taxpayer claiming a tax credit under this section shall | 2841 |
| submit to the tax commissioner a copy of the director of | 2842 |
| development's certificate of verification under division (E)(7) of | 2843 |
| this section with the taxpayer's tax report or return for the | 2844 |
| taxable year or for the calendar year that includes the tax | 2845 |
| period. | 2846 |
| certificate with the report or return does not invalidate a claim | 2847 |
| for a credit if the taxpayer submits a copy of the certificate to | 2848 |
| the commissioner within sixty days after the commissioner requests | 2849 |
| it. | 2850 |
| (I) For the purposes of this section, a taxpayer may include | 2851 |
| a partnership, a corporation that has made an election under | 2852 |
| subchapter S of chapter one of subtitle A of the Internal Revenue | 2853 |
| Code, or any other business entity through which income flows as a | 2854 |
| distributive share to its owners. A tax credit received under this | 2855 |
| section by a partnership, S-corporation, or other such business | 2856 |
| entity shall be apportioned among the persons to whom the income | 2857 |
| or profit of the partnership, S-corporation, or other entity is | 2858 |
| distributed, in the same proportions as those in which the income | 2859 |
| or profit is distributed. | 2860 |
| (J) If the director of development determines that a taxpayer | 2861 |
| that received a tax credit under this section is not complying | 2862 |
| with the requirement under division (E)(4) of this section, the | 2863 |
| director shall notify the tax credit authority of the | 2864 |
| noncompliance. After receiving such a notice, and after giving the | 2865 |
| taxpayer an opportunity to explain the noncompliance, the | 2866 |
| authority may terminate the agreement and require the taxpayer to | 2867 |
| refund to the state all or a portion of the credit claimed in | 2868 |
| previous years, as follows: | 2869 |
| (1) If the taxpayer maintained operations at the project site | 2870 |
| for less than the term of the credit, the amount required to be | 2871 |
| refunded shall not exceed the amount of any tax credits previously | 2872 |
| allowed and received under this section. | 2873 |
| (2) If the taxpayer maintained operations at the project site | 2874 |
| longer than the term of the credit but less than one and one-half | 2875 |
| times the term of the credit, the amount required to be refunded | 2876 |
| shall not exceed fifty per cent of the sum of any tax credits | 2877 |
| previously allowed and received under this section. | 2878 |
| (3) If the taxpayer maintained operations at the project site | 2879 |
| for at least one and one-half times the term of the credit but | 2880 |
| less than twice the term of the credit, the amount required to be | 2881 |
| refunded shall not exceed twenty-five per cent of the sum of any | 2882 |
| tax credits previously allowed and received under this section. | 2883 |
| In determining the portion of the credit to be refunded to | 2884 |
| this state, the authority shall consider the effect of market | 2885 |
| conditions on the taxpayer's project and whether the taxpayer | 2886 |
| continues to maintain other operations in this state. After making | 2887 |
| the determination, the authority shall certify the amount to be | 2888 |
| refunded to the tax commissioner. The commissioner shall make an | 2889 |
| assessment for that amount against the taxpayer under Chapter | 2890 |
| 5733., 5747., or 5751. of the Revised Code. The time limitations | 2891 |
| on assessments under those chapters do not apply to an assessment | 2892 |
| under this division, but the commissioner shall make the | 2893 |
| assessment within one year after the date the authority certifies | 2894 |
| to the commissioner the amount to be refunded. | 2895 |
| If the director of development determines that a taxpayer | 2896 |
| that received a tax credit under this section has reduced the | 2897 |
| number of employees agreed to under division (E)(5) of this | 2898 |
| section by more than ten per cent, the director shall notify the | 2899 |
| tax credit authority of the noncompliance. After receiving such | 2900 |
| notice, and after providing the taxpayer an opportunity to explain | 2901 |
| the noncompliance, the authority may amend the agreement to reduce | 2902 |
| the percentage or term of the tax credit. The reduction in the | 2903 |
| percentage or term shall take effect in the taxable year, or in | 2904 |
| the calendar year that includes the tax period, in which the | 2905 |
| authority amends the agreement. | 2906 |
| (K) The director of development, after consultation with the | 2907 |
| tax commissioner and in accordance with Chapter 119. of the | 2908 |
| Revised Code, shall adopt rules necessary to implement this | 2909 |
| section. The rules may provide for recipients of tax credits under | 2910 |
| this section to be charged fees to cover administrative costs of | 2911 |
| the tax credit program. At the time the director gives public | 2912 |
| notice under division (A) of section 119.03 of the Revised Code of | 2913 |
| the adoption of the rules, the director shall submit copies of the | 2914 |
| proposed rules to the chairpersons of the standing committees on | 2915 |
| economic development in the senate and the house of | 2916 |
| representatives. | 2917 |
| (L) On or before the thirty-first day of March of each year, | 2918 |
| the director of development shall submit a report to the governor, | 2919 |
| the president of the senate, and the speaker of the house of | 2920 |
| representatives on the tax credit program under this section. The | 2921 |
| report shall include information on the number of agreements that | 2922 |
| were entered into under this section during the preceding calendar | 2923 |
| year, a description of the project that is the subject of each | 2924 |
| such agreement, and an update on the status of projects under | 2925 |
| agreements entered into before the preceding calendar year. | 2926 |
| (M)(1) A nonrefundable credit shall be allowed to an | 2927 |
| applicable corporation and its related members in an amount equal | 2928 |
| to the applicable difference. The credit is in addition to the | 2929 |
| credit granted to the corporation or related members under | 2930 |
| division (B) of this section. The credit is subject to divisions | 2931 |
| (B) to (E) and division (J) of this section. | 2932 |
| (2) A person qualifying as an applicable corporation under | 2933 |
| this section for a tax year does not necessarily qualify as an | 2934 |
| applicable corporation for any other tax year. No person is | 2935 |
| entitled to the credit allowed under division (M) of this section | 2936 |
| for the tax year immediately following the taxable year during | 2937 |
| which the person fails to meet the requirements in divisions | 2938 |
| (A)(6)(a)(i) and (A)(6)(b) of this section. No person is entitled | 2939 |
| to the credit allowed under division (M) of this section for any | 2940 |
| tax year for which the person is not eligible for the credit | 2941 |
| provided under division (B) of this section. | 2942 |
| Sec. 122.72. (A) There is hereby created the minority | 2943 |
| development financing advisory board to assist in carrying out the | 2944 |
| programs created pursuant to sections 122.71 to | 2945 |
| the Revised Code. | 2946 |
| (B) The board shall consist of ten members. The director of | 2947 |
| development or the director's designee shall be a voting member on | 2948 |
| the board. Seven members shall be appointed by the governor with | 2949 |
| the advice and consent of the senate and selected because of their | 2950 |
| knowledge of and experience in industrial, business, and | 2951 |
| commercial financing, suretyship, construction, and their | 2952 |
| understanding of the problems of minority business enterprises; | 2953 |
| one member also shall be a member of the senate and appointed by | 2954 |
| the president of the senate, and one member also shall be a member | 2955 |
| of the house of representatives and appointed by the speaker of | 2956 |
| the house of representatives. With respect to the board, all of | 2957 |
| the following apply: | 2958 |
| (1) Not more than four of the members of the board appointed | 2959 |
| by the governor shall be of the same political party. | 2960 |
| (2) Each member shall hold office from the date of the | 2961 |
| member's appointment until the end of the term for which the | 2962 |
| member was appointed. | 2963 |
| (3) The terms of office for the seven members appointed by | 2964 |
| the governor shall be for seven years, commencing on the first day | 2965 |
| of October and ending on the thirtieth day of September of the | 2966 |
| seventh year, except that of the original seven members, three | 2967 |
| shall be appointed for three years and two shall be appointed for | 2968 |
| five years. | 2969 |
| (4) Any member of the board is eligible for reappointment. | 2970 |
| (5) Any member appointed to fill a vacancy occurring prior to | 2971 |
| the expiration of the term for which the member's predecessor was | 2972 |
| appointed shall hold office for the remainder of the predecessor's | 2973 |
| term. | 2974 |
| (6) Any member shall continue in office subsequent to the | 2975 |
| expiration date of the member's term until the member's successor | 2976 |
| takes office, or until a period of sixty days has elapsed, | 2977 |
| whichever occurs first. | 2978 |
| (7) Before entering upon official duties as a member of the | 2979 |
| board, each member shall take an oath as provided by Section 7 of | 2980 |
| Article XV, Ohio Constitution. | 2981 |
| (8) The governor may, at any time, remove any member | 2982 |
| appointed by the governor pursuant to section 3.04 of the Revised | 2983 |
| Code. | 2984 |
| (9) Notwithstanding section 101.26 of the Revised Code, | 2985 |
| members shall receive their necessary and actual expenses while | 2986 |
| engaged in the business of the board and shall be paid at the per | 2987 |
| diem rate of step 1 of pay range 31 of section 124.15 of the | 2988 |
| Revised Code. | 2989 |
| (10) Six members of the board constitute a quorum and the | 2990 |
| affirmative vote of six members is necessary for any action taken | 2991 |
| by the board. | 2992 |
| (11) In the event of the absence of a member appointed by the | 2993 |
| president of the senate or by the speaker of the house of | 2994 |
| representatives, either of the following persons may serve in the | 2995 |
| member's absence: | 2996 |
| (a) The president of the senate or the speaker of the house | 2997 |
| of representatives, whoever appointed the absent member; | 2998 |
| (b) A member of the senate or of the house of representatives | 2999 |
| of the same political party as the absent member, as designated by | 3000 |
| the president of the senate or the speaker of the house of | 3001 |
| representatives, whoever appointed the absent member. | 3002 |
| (12) The board shall annually elect one of its members as | 3003 |
| chairperson and another as vice-chairperson. | 3004 |
| Sec. 122.73. (A) The minority development financing advisory | 3005 |
| board and the director of development are invested with the powers | 3006 |
| and duties provided in sections 122.71 to
| 3007 |
| Revised Code, in order to promote the welfare of the people of the | 3008 |
| state by encouraging the establishment and expansion of minority | 3009 |
| business enterprises; to stabilize the economy; to provide | 3010 |
| employment; to assist in the development within the state of | 3011 |
| industrial, commercial, distribution, and research activities | 3012 |
| required for the people of the state, and for their gainful | 3013 |
| employment; or otherwise to create or preserve jobs and employment | 3014 |
| opportunities, or improve the economic welfare of the people of | 3015 |
| the state. It is hereby determined that the accomplishment of | 3016 |
| those purposes is essential so that the people of the state may | 3017 |
| maintain their present high standards of living in comparison with | 3018 |
| the people of other states and so that opportunities for | 3019 |
| employment and for favorable markets for the products of the | 3020 |
| state's natural resources, agriculture, and manufacturing shall be | 3021 |
| improved. It further is determined that it is necessary for the | 3022 |
| state to establish the programs authorized under sections 122.71 | 3023 |
| to | 3024 |
| development financing advisory board, and to invest it and the | 3025 |
| director of development with the powers and duties provided in | 3026 |
| sections 122.71 to | 3027 |
| (B) The minority development financing advisory board shall | 3028 |
| do all of the following: | 3029 |
| (1) Make recommendations to the director as to applications | 3030 |
| for assistance
pursuant to sections 122.71 to | 3031 |
| Revised Code. The board may revise its recommendations to reflect | 3032 |
| any changes in the proposed assistance made by the director. | 3033 |
| (2) Advise the director in the administration of sections | 3034 |
| 122.71 to | 3035 |
| (3) Adopt bylaws to govern the conduct of the business of the | 3036 |
| board. | 3037 |
| Sec. 122.74. (A)(1) The director of development shall do all | 3038 |
| of the following: | 3039 |
| (a) Receive applications for assistance under sections 122.71 | 3040 |
| to 122.89 of the Revised Code and applications from surety | 3041 |
| companies for bond guarantees under section 122.90 of the Revised | 3042 |
| Code, and, after processing but subject to division (A)(2) of this | 3043 |
| section, forward them to the minority development financing | 3044 |
| advisory board together with necessary supporting information; | 3045 |
| (b) Receive the recommendations of the board and make a final | 3046 |
| determination whether to approve the application for assistance; | 3047 |
| (c) Receive recommendations from a regional economic | 3048 |
| development entity for loans made under section 122.76 of the | 3049 |
| Revised Code and make a final determination, notwithstanding | 3050 |
| divisions (A)(1) and (2) of this section, whether to approve the | 3051 |
| proposed loan; | 3052 |
| (d) Transmit the director's determinations to approve | 3053 |
| assistance to the controlling board unless such assistance falls | 3054 |
| under section 122.90 of the Revised Code and has been previously | 3055 |
| approved by the controlling board, together with any information | 3056 |
| the controlling board requires for its review and decision as to | 3057 |
| whether to approve the assistance. | 3058 |
| (2) The director is not required to submit any determination, | 3059 |
| data, terms, or any other application materials or information to | 3060 |
| the minority development financing advisory board when provision | 3061 |
| of the assistance has been recommended to the director by a | 3062 |
| regional economic development entity or when an application for a | 3063 |
| surety company for bond guarantees under section 122.90 of the | 3064 |
| Revised Code has been previously approved by the controlling | 3065 |
| board. | 3066 |
| (B) The director may do all of the following: | 3067 |
| (1) Fix the rate of interest and charges to be made upon or | 3068 |
| with respect to moneys loaned or guaranteed by the director and | 3069 |
| the terms upon which mortgages and lease rentals may be guaranteed | 3070 |
| and the rates of charges to be made for them and make provisions | 3071 |
| for the operation of the funds established by the director in | 3072 |
| accordance with this section and sections 122.80, 122.88, and | 3073 |
| 122.90 of the Revised Code; | 3074 |
| (2) Loan and guarantee moneys from the fund established in | 3075 |
| accordance with section 122.80 of the Revised Code pursuant to and | 3076 |
| in compliance with sections 122.71 to 122.90 of the Revised Code. | 3077 |
| (3) Acquire in the name of the director any property of any | 3078 |
| kind or character in accordance with sections 122.71 to 122.90 of | 3079 |
| the Revised Code, by purchase, purchase at foreclosure, or | 3080 |
| exchange on such terms and in such manner as the director | 3081 |
| considers proper; | 3082 |
| (4) Make and enter into all contracts and agreements | 3083 |
| necessary or incidental to the performance of the director's | 3084 |
| duties and the exercise of the director's powers under sections | 3085 |
| 122.71 to 122.90 of the Revised Code; | 3086 |
| (5) Maintain, protect, repair, improve, and insure any | 3087 |
| property that the director has acquired and dispose of it by sale, | 3088 |
| exchange, or lease for the consideration and on the terms and in | 3089 |
| the manner as the director considers proper, but the director | 3090 |
| shall not operate any such property as a business except as the | 3091 |
| lessor of it; | 3092 |
| (6)(a) When the cost of any contract for the maintenance, | 3093 |
| protection, repair, or improvement of any property held by the | 3094 |
| director, other than compensation for personal services, involves | 3095 |
| an expenditure of more than fifty thousand dollars, the director | 3096 |
| shall make a written contract with the lowest responsive and | 3097 |
| responsible bidder in accordance with section 9.312 of the Revised | 3098 |
| Code after advertisement for not less than two consecutive weeks | 3099 |
| in a newspaper of general circulation in the county where such | 3100 |
| contract, or some substantial part of it, is to be performed, and | 3101 |
| in such other publications as the director determines, which | 3102 |
| notice shall state the general character of the work and the | 3103 |
| general character of the materials to be furnished, the place | 3104 |
| where plans and specifications therefor may be examined, and the | 3105 |
| time and place of receiving bids. | 3106 |
| (b) Each bid for a contract for the construction, demolition, | 3107 |
| alteration, repair, or reconstruction of an improvement shall | 3108 |
| contain the full name of every person interested in it and meet | 3109 |
| the requirements of section 153.54 of the Revised Code. | 3110 |
| (c) Each bid for a contract, except as provided in division | 3111 |
| (B)(6)(b) of this section, shall contain the full name of every | 3112 |
| person interested in it and shall be accompanied by bond or | 3113 |
| certified check on a solvent bank, in such amount as the director | 3114 |
| considers sufficient, that if the bid is accepted a contract will | 3115 |
| be entered into and the performance of the proposal secured. | 3116 |
| (d) The director may reject any and all bids. | 3117 |
| (e) A bond with good and sufficient surety, approved by the | 3118 |
| director, shall be required of every contractor awarded a contract | 3119 |
| except as provided in division (B)(6)(b) of this section, in an | 3120 |
| amount equal to at least fifty per cent of the contract price, | 3121 |
| conditioned upon faithful performance of the contract. | 3122 |
| (7) Employ or contract with financial consultants, | 3123 |
| appraisers, consulting engineers, superintendents, managers, | 3124 |
| construction and accounting experts, attorneys, and other | 3125 |
| employees and agents as are necessary in the director's judgment | 3126 |
| and fix their compensation; | 3127 |
| (8) Receive and accept grants, gifts, and contributions of | 3128 |
| money, property, labor, and other things of value to be held, | 3129 |
| used, and applied only for the purpose for which the grants, | 3130 |
| gifts, and contributions are made, from individuals, private and | 3131 |
| public corporations, from the United States or any agency thereof, | 3132 |
| from the state or any agency thereof, and from any political | 3133 |
| subdivision of the state, and may agree to repay any contribution | 3134 |
| of money or to return any property contributed or the value | 3135 |
| thereof at such times, in amounts, and on terms and conditions, | 3136 |
| excluding the payment of interest, as the director determines at | 3137 |
| the time the contribution is made, and may evidence the | 3138 |
| obligations by notes, bonds, or other written instruments; | 3139 |
| (9) Establish with the treasurer of state the funds provided | 3140 |
| in sections 122.80 and 122.88 of the Revised Code in addition to | 3141 |
| such funds as the director determines are necessary or proper; | 3142 |
| (10) Adopt rules under Chapter 119. of the Revised Code | 3143 |
| necessary to implement sections 122.71 to 122.90 of the Revised | 3144 |
| Code. | 3145 |
| (11) Do all acts and things necessary or proper to carry out | 3146 |
| the powers expressly granted and the duties imposed in sections | 3147 |
| 122.71 to 122.90 of the Revised Code. | 3148 |
| (C)(1) All expenses and obligations incurred by the director | 3149 |
| in carrying out the director's powers and in exercising the | 3150 |
| director's duties under sections 122.71 to 122.90 of the Revised | 3151 |
| Code shall be payable solely from revenues or other receipts or | 3152 |
| income of the director, from grants, gifts, and contributions, or | 3153 |
| funds established in accordance with such sections. Such sections | 3154 |
| do not authorize the director to incur indebtedness or to impose | 3155 |
| liability on the state or any political subdivision of the state. | 3156 |
| (2) Financial statements and other data submitted to the | 3157 |
| director by any corporation, partnership, or person in connection | 3158 |
| with financial assistance provided under sections 122.71 to 122.90 | 3159 |
| of the Revised Code, or any information taken from such statements | 3160 |
| or data for any purpose, shall not be open to public inspection. | 3161 |
| Sec. 122.90. (A) The director of development may guarantee | 3162 |
| bonds executed by sureties for minority businesses and EDGE | 3163 |
| business enterprises certified under section 123.152 of the | 3164 |
| Revised Code as principals on contracts with the state, any | 3165 |
| political subdivision or instrumentality, or any person as the | 3166 |
| obligee. The director, as guarantor, may exercise all the rights | 3167 |
| and powers of a company authorized by the department of insurance | 3168 |
| to guarantee bonds under Chapter 3929. of the Revised Code but | 3169 |
| otherwise is not subject to any laws related to a guaranty company | 3170 |
| under Title XXXIX of the Revised Code nor to any rules of the | 3171 |
| department of insurance. | 3172 |
| (B) The director shall adopt rules under Chapter 119. of the | 3173 |
| Revised Code to establish procedures for the application for bond | 3174 |
| guarantees and the review and approval of applications for bond | 3175 |
| guarantees submitted by sureties that execute bonds eligible for | 3176 |
| guarantees under division (A) of this section. | 3177 |
| (C) In accordance with rules adopted pursuant to this | 3178 |
| section, the director may guarantee up to ninety per cent of the | 3179 |
| loss incurred and paid by sureties on bonds guaranteed under | 3180 |
| division (A) of this section. | 3181 |
| (D) The penal sum amounts of all outstanding guarantees made | 3182 |
| by the director under this section shall not exceed three times | 3183 |
| the difference between the amount of moneys in the minority | 3184 |
| business bonding fund and available to the fund under division (B) | 3185 |
| of section 169.05 of the Revised Code and the amount of all | 3186 |
| outstanding bonds issued by the director in accordance with | 3187 |
| division (A) of section 122.89 of the Revised Code. | 3188 |
| (E) The director of development, with controlling board | 3189 |
| approval, may approve one application per fiscal year from each | 3190 |
| surety bond company for bond guarantees in an amount requested to | 3191 |
| support one fiscal year of that company's activity under this | 3192 |
| section. A surety bond company that applies for a bond guarantee | 3193 |
| under this division, whether or not the guarantee is approved, is | 3194 |
| not restricted from also applying for individual bond guarantees | 3195 |
| under division (A) of this section. | 3196 |
| Sec. 124.09. The director of administrative services shall | 3197 |
| do all of the following: | 3198 |
| (A) Prescribe, amend, and enforce administrative rules for | 3199 |
| the purpose of carrying out the functions, powers, and duties | 3200 |
| vested in and imposed upon the director by this chapter. Except | 3201 |
| in the case of rules adopted pursuant to section 124.14 of the | 3202 |
| Revised Code, the prescription, amendment, and enforcement of | 3203 |
| rules under this division are subject to approval, disapproval, or | 3204 |
| modification by the state personnel board of review. | 3205 |
| (B) Keep records of the director's proceedings and records of | 3206 |
| all applications for examinations and all examinations conducted | 3207 |
| by
the director. All | 3208 |
| proficiency assessments, and recommendations of former employers, | 3209 |
| shall be open to public inspection under reasonable regulations; | 3210 |
| provided the governor, or any person designated by the governor, | 3211 |
| may, for the purpose of investigation, have free access to all | 3212 |
| 3213 | |
| that this chapter, or the administrative rules of the director | 3214 |
| prescribed
under | 3215 |
| (C) Prepare, continue, and keep in the office of the | 3216 |
| department of administrative services a complete roster of all | 3217 |
| persons in the classified service who are paid directly by warrant | 3218 |
| of the | 3219 |
| roster shall be open to public inspection at all reasonable hours. | 3220 |
| It shall show in reference to each of those persons, the person's | 3221 |
| name, address, date of appointment to or employment in the | 3222 |
| classified service, and salary or compensation, the title of the | 3223 |
| place or office that the person holds, the nature of the duties of | 3224 |
| that place or office, and, in case of the person's removal or | 3225 |
| resignation, the date of the termination of that service. | 3226 |
| (D) Approve the establishment of all new positions in the | 3227 |
| civil service of the state and the reestablishment of abolished | 3228 |
|
positions | 3229 |
| (E) Require the abolishment of any position in the civil | 3230 |
| service of the state that is not filled after a period of twelve | 3231 |
| months unless it is determined that the position is seasonal in | 3232 |
|
nature or that the vacancy is otherwise justified | 3233 |
| (F) Make investigations concerning all matters touching the | 3234 |
| enforcement and effect of this chapter and the administrative | 3235 |
| rules of the director of administrative services prescribed under | 3236 |
| this chapter. In
the course of | 3237 |
| director or the director's deputy may administer oaths and | 3238 |
| affirmations and take testimony relative to any matter which the | 3239 |
| director has authority to investigate. | 3240 |
| (G) Have the power to subpoena and require the attendance and | 3241 |
| testimony of witnesses and the production of books, papers, public | 3242 |
| records, and other documentary evidence pertinent to the | 3243 |
| investigations, inquiries, or hearings on any matter which the | 3244 |
| director has authority to investigate, inquire into, or hear, and | 3245 |
| to examine them in relation to any matter which the director has | 3246 |
| authority to investigate, inquire into, or hear. Fees shall be | 3247 |
| allowed to
witnesses | 3248 |
| shall be paid
by the treasurer of state | 3249 |
| municipal or civil service township civil service commissions, by | 3250 |
| the county treasurer, for attendance and traveling, as is provided | 3251 |
| in section 2335.06 of the Revised Code for witnesses in courts of | 3252 |
| record. All officers in the civil service of the state or any of | 3253 |
|
the political subdivisions | 3254 |
| deputies, clerks, and employees shall attend and testify when | 3255 |
| summoned to do so by the director or the state personnel board of | 3256 |
| review. Depositions of witnesses may be taken by the director or | 3257 |
| the board, or any
member | 3258 |
| prescribed by law for like depositions in civil actions in the | 3259 |
| courts of common pleas. In case any person, in disobedience to any | 3260 |
| subpoena issued by the director or the board, or any member | 3261 |
| 3262 | |
| attend and testify to any matter regarding which the person may be | 3263 |
| lawfully interrogated, or produce any documentary evidence | 3264 |
| pertinent to any investigation, inquiry, or hearing, the court of | 3265 |
| common pleas of any county, or any judge
| 3266 |
| common pleas of any county, where | 3267 |
| or refusal occurs, upon application of the director or the board, | 3268 |
| or any member
| 3269 |
| service township civil service commission, or any commissioner | 3270 |
| 3271 | |
| compel obedience by attachment proceedings for contempt as in the | 3272 |
| case of disobedience of the requirements of a subpoena issued from | 3273 |
| 3274 | |
| court. | 3275 |
| (H) Make a report to the governor, on or before the first day | 3276 |
| of January of each year, showing the director's actions, the rules | 3277 |
|
and all exceptions | 3278 |
| recommendations for the more effectual accomplishment of the | 3279 |
| purposes of this chapter. The director shall also furnish any | 3280 |
| special reports to the governor whenever the governor requests | 3281 |
|
them. | 3282 |
| under the same regulations as are the reports of other state | 3283 |
| officers, boards, or commissions. | 3284 |
| Sec. 124.11. The civil service of the state and the several | 3285 |
| counties, cities, civil service townships, city health districts, | 3286 |
| general health districts, and city school districts
| 3287 |
| state shall be divided into the unclassified service and the | 3288 |
| classified service. | 3289 |
| (A) The unclassified service shall comprise the following | 3290 |
| positions, which shall not be included in the classified service, | 3291 |
| and which shall be exempt from all examinations required by this | 3292 |
| chapter: | 3293 |
| (1) All officers elected by popular vote or persons appointed | 3294 |
| to fill vacancies in | 3295 |
| (2) All election officers as defined in section 3501.01 of | 3296 |
| the Revised Code; | 3297 |
| (3) The members of all boards and commissions, and heads of | 3298 |
| principal departments, boards, and commissions appointed by the | 3299 |
| governor or by and with the governor's consent; and the members of | 3300 |
| all boards and commissions and all heads of departments appointed | 3301 |
| by the mayor, or, if there is no mayor, such other similar chief | 3302 |
|
appointing authority of any city or city school district | 3303 |
| Except as otherwise provided in division (A)(17) or (C) of this | 3304 |
| section, this chapter does not exempt the chiefs of police | 3305 |
| departments and chiefs of fire departments of cities or civil | 3306 |
| service townships
from the competitive classified service | 3307 |
| (4) The members of county or district licensing boards or | 3308 |
| commissions and boards of revision, and deputy county auditors; | 3309 |
| (5) All officers and employees elected or appointed by either | 3310 |
| or both branches of the general assembly, and | 3311 |
| the city legislative authority | 3312 |
| duties; | 3313 |
| (6) All commissioned, warrant, and noncommissioned officers | 3314 |
| and enlisted persons in the Ohio organized militia, including | 3315 |
| military appointees in the adjutant general's department; | 3316 |
| (7)(a) All presidents, business managers, administrative | 3317 |
| officers, superintendents, assistant superintendents, principals, | 3318 |
| deans, assistant deans, instructors, teachers, and such employees | 3319 |
| as are engaged in educational or research duties connected with | 3320 |
| the public school system, colleges, and universities, as | 3321 |
| determined by the governing body of the public school system, | 3322 |
| colleges, and universities; | 3323 |
| (b) The library staff of any library in the state supported | 3324 |
| wholly or in part at public expense. | 3325 |
| (8) Four clerical and administrative support employees for | 3326 |
|
each of the elective state officers | 3327 |
| administrative support employees for other elective officers and | 3328 |
| each of the principal appointive executive officers, boards, or | 3329 |
| commissions, except for civil service commissions, that are | 3330 |
| authorized to appoint such clerical and administrative support | 3331 |
| employees; | 3332 |
| (9) The deputies and assistants of state agencies authorized | 3333 |
| to act for and on behalf of the agency, or holding a fiduciary or | 3334 |
| administrative relation to that agency and those persons employed | 3335 |
| by and directly responsible to elected county officials or a | 3336 |
| county administrator and holding a fiduciary or administrative | 3337 |
| relationship to such elected county officials or county | 3338 |
| administrator, and the employees of such county officials whose | 3339 |
| fitness would be impracticable to determine by competitive | 3340 |
| examination, provided that division (A)(9) of this section shall | 3341 |
| not affect those persons in county employment in the classified | 3342 |
| service as of September 19, 1961. Nothing in division (A)(9) of | 3343 |
| this section applies to any position in a county department of job | 3344 |
| and family services created pursuant to Chapter 329. of the | 3345 |
| Revised Code. | 3346 |
| (10) Bailiffs, constables, official stenographers, and | 3347 |
| commissioners of courts of record, deputies of clerks of the | 3348 |
| courts of common pleas who supervise, or who handle public moneys | 3349 |
| or secured documents, and such officers and employees of courts of | 3350 |
| record and such deputies of clerks of the courts of common pleas | 3351 |
| as the director of administrative services finds it impracticable | 3352 |
| to determine their fitness by competitive examination; | 3353 |
| (11) Assistants to the attorney general, special counsel | 3354 |
| appointed or employed by the attorney general, assistants to | 3355 |
| county prosecuting attorneys, and assistants to city directors of | 3356 |
| law; | 3357 |
| (12) Such teachers and employees in the agricultural | 3358 |
| experiment stations; such students in normal schools, colleges, | 3359 |
| and universities of the state who are employed by the state or a | 3360 |
| political subdivision of the state in student or intern | 3361 |
| classifications; and such unskilled labor positions as the | 3362 |
| director of administrative services or any municipal civil service | 3363 |
| commission may find it impracticable to include in the competitive | 3364 |
| classified service; provided such exemptions shall be by order of | 3365 |
| the commission or the director, duly entered on the record of the | 3366 |
| commission or the director with the reasons for each such | 3367 |
| exemption; | 3368 |
| (13) Any physician or dentist who is a full-time employee of | 3369 |
| the department of mental health or the department of mental | 3370 |
| retardation and developmental disabilities or of an institution | 3371 |
| under the jurisdiction of either department; and physicians who | 3372 |
| are in residency programs at the institutions; | 3373 |
| (14) Up to twenty positions at each institution under the | 3374 |
| jurisdiction of the department of mental health or the department | 3375 |
| of mental retardation and developmental disabilities that the | 3376 |
| department director determines to be primarily administrative or | 3377 |
| managerial; and up to fifteen positions in any division of either | 3378 |
| department, excluding administrative assistants to the director | 3379 |
| and division chiefs, which are within the immediate staff of a | 3380 |
| division chief and which the director determines to be primarily | 3381 |
| and distinctively administrative and managerial; | 3382 |
| (15) Noncitizens of the United States employed by the state, | 3383 |
| or its counties or cities, as physicians or nurses who are duly | 3384 |
| licensed to practice their respective professions under the laws | 3385 |
| of | 3386 |
| disease hospitals, or institutions; | 3387 |
| (16) Employees of the governor's office; | 3388 |
| (17) Fire chiefs and chiefs of police in civil service | 3389 |
| townships appointed by boards of township trustees under section | 3390 |
| 505.38 or 505.49 of the Revised Code; | 3391 |
| (18) Executive directors, deputy directors, and program | 3392 |
| directors employed by boards of alcohol, drug addiction, and | 3393 |
| mental health services under Chapter 340. of the Revised Code, and | 3394 |
| secretaries of the executive directors, deputy directors, and | 3395 |
| program directors; | 3396 |
| (19) Superintendents, and management employees as defined in | 3397 |
| section 5126.20 of the Revised Code, of county boards of mental | 3398 |
| retardation and developmental disabilities; | 3399 |
| (20) Physicians, nurses, and other employees of a county | 3400 |
| hospital who are appointed pursuant to sections 339.03 and 339.06 | 3401 |
| of the Revised Code; | 3402 |
| (21) The executive director of the state medical board, who | 3403 |
| is appointed pursuant to division (B) of section 4731.05 of the | 3404 |
| Revised Code; | 3405 |
| (22) County directors of job and family services as provided | 3406 |
| in section 329.02 of the Revised Code and administrators appointed | 3407 |
| under section 329.021 of the Revised Code; | 3408 |
| (23) A director of economic development who is hired pursuant | 3409 |
| to division (A) of section 307.07 of the Revised Code; | 3410 |
| (24) Chiefs of construction and compliance, of operations and | 3411 |
| maintenance, and of licensing and certification in the division of | 3412 |
| industrial compliance in the department of commerce; | 3413 |
| (25) The executive director of a county transit system | 3414 |
| appointed under division (A) of section 306.04 of the Revised | 3415 |
| Code; | 3416 |
| (26) Up to five positions at each of the administrative | 3417 |
| departments listed in section 121.02 of the Revised Code and at | 3418 |
| the department of taxation, department of the adjutant general, | 3419 |
| department of education, Ohio board of regents, bureau of workers' | 3420 |
| compensation, industrial commission, state lottery commission, and | 3421 |
| public utilities commission of Ohio that the head of that | 3422 |
| administrative department or of that other state agency determines | 3423 |
| to be involved in policy development and implementation. The head | 3424 |
| of the administrative department or other state agency shall set | 3425 |
| the compensation for employees in these positions at a rate that | 3426 |
| is not less than the minimum compensation specified in pay range | 3427 |
| 41 but not more than the maximum compensation specified in pay | 3428 |
| range 44 of salary schedule E-2 in section 124.152 of the Revised | 3429 |
| Code. The authority to establish positions in the unclassified | 3430 |
| service under division (A)(26) of this section is in addition to | 3431 |
| and does not limit any other authority that an administrative | 3432 |
| department or state agency has under the Revised Code to establish | 3433 |
| positions, appoint employees, or set compensation. | 3434 |
| (27) Employees of the department of agriculture employed | 3435 |
| under section 901.09 of the Revised Code; | 3436 |
| (28) For cities, counties, civil service townships, city | 3437 |
| health districts, general health districts, and city school | 3438 |
| districts, the deputies and assistants of elective or principal | 3439 |
| executive officers authorized to act for and in the place of their | 3440 |
| principals or holding a fiduciary relation to their principals; | 3441 |
| (29) Employees who receive external interim, intermittent, or | 3442 |
| temporary appointments under division (B) of section 124.30 of the | 3443 |
| Revised Code; | 3444 |
| (30) Employees appointed to administrative staff positions | 3445 |
| for which an appointing authority is given specific statutory | 3446 |
| authority to set compensation; | 3447 |
| (31) Employees appointed to highway patrol cadet or highway | 3448 |
| patrol cadet candidate classifications. | 3449 |
| (B) The classified service shall comprise all persons in the | 3450 |
| employ of the state and the several counties, cities, city health | 3451 |
| districts, general health districts, and city school districts | 3452 |
| 3453 | |
| unclassified service. Upon the creation by the board of trustees | 3454 |
| of a civil service township civil service commission, the | 3455 |
| classified service shall also comprise, except as otherwise | 3456 |
| provided in division (A)(17) or (C) of this section, all persons | 3457 |
| in the employ of a civil service township police or fire | 3458 |
| 3459 | |
| employees. The classified service consists of two classes, which | 3460 |
| shall be designated as the competitive class and the unskilled | 3461 |
| labor class. | 3462 |
| (1) The competitive class shall include all positions and | 3463 |
| employments in the state and the counties, cities, city health | 3464 |
| districts, general health districts, and city school districts | 3465 |
| 3466 | |
| trustees of a civil service township of a township civil service | 3467 |
| commission, all positions in a civil service township police or | 3468 |
| fire | 3469 |
| employees, for which it is practicable to determine the merit and | 3470 |
| fitness of applicants by competitive examinations. Appointments | 3471 |
| shall be made to, or employment shall be given in, all positions | 3472 |
| in the competitive class that are not filled by promotion, | 3473 |
| reinstatement, transfer, or reduction, as provided in this | 3474 |
| chapter, and the rules of the director of administrative services, | 3475 |
| by appointment from those certified to the appointing officer in | 3476 |
| accordance with this chapter. | 3477 |
| (2) The unskilled labor class shall include ordinary | 3478 |
| unskilled laborers. Vacancies in the labor class shall be filled | 3479 |
| by appointment from lists of applicants registered by the director | 3480 |
| or a commission, as applicable. The director or the commission, by | 3481 |
| rule, shall require an applicant for registration in the labor | 3482 |
| class to furnish | 3483 |
| or commission considers proper with respect to age, residence, | 3484 |
| physical condition, ability to labor, honesty, sobriety, industry, | 3485 |
| capacity, and experience in the work or employment for which | 3486 |
| application is made. Laborers who fulfill the requirements shall | 3487 |
| be placed on the eligible list for the kind of labor or employment | 3488 |
| sought, and preference shall be given in employment in accordance | 3489 |
| with the rating received from | 3490 |
| tests. Upon the request of an appointing officer, stating the kind | 3491 |
| of labor needed, the pay and probable length of employment, and | 3492 |
| the number to be employed, the director or commission shall | 3493 |
| certify from the highest on the list double the number to be | 3494 |
| employed; from this number, the appointing officer shall appoint | 3495 |
| the number actually needed for the particular work. If more than | 3496 |
| one applicant receives the same rating, priority in time of | 3497 |
| application shall determine the order in which their names shall | 3498 |
| be certified for appointment. | 3499 |
| (C) A municipal or civil service township civil service | 3500 |
| commission may place volunteer firefighters who are paid on a | 3501 |
| fee-for-service basis in either the classified or the unclassified | 3502 |
| civil service. | 3503 |
| (D) This division does not apply to persons in the | 3504 |
| unclassified service who have the right to resume positions in the | 3505 |
| classified service under sections 4121.121, 5119.071, 5120.07, | 3506 |
| 5120.38, 5120.381, 5120.382, 5123.08, 5139.02, and 5501.19 of the | 3507 |
| Revised Code. | 3508 |
| An appointing authority whose employees are paid directly by | 3509 |
| warrant of the | 3510 |
| may appoint a person who holds a certified position in the | 3511 |
| classified service within the appointing authority's agency to a | 3512 |
| position in the unclassified service within that agency. A person | 3513 |
| appointed pursuant to this division to a position in the | 3514 |
| unclassified service shall retain the right to resume the position | 3515 |
| and status held by the person in the classified service | 3516 |
| immediately prior to the person's appointment to the position in | 3517 |
| the unclassified service, regardless of the number of positions | 3518 |
| the person
held in the unclassified service. | 3519 |
| employee's right to resume a position in the classified service | 3520 |
| may only be exercised when an appointing authority demotes the | 3521 |
| employee to a pay range lower than the employee's current pay | 3522 |
| range or revokes the employee's appointment to the unclassified | 3523 |
| service. An employee forfeits the right to resume a position in | 3524 |
| the classified service when the employee is removed from the | 3525 |
| position in the unclassified service due to incompetence, | 3526 |
| inefficiency, dishonesty, drunkenness, immoral conduct, | 3527 |
| insubordination, discourteous treatment of the public, neglect of | 3528 |
| duty, violation of this chapter or the rules of the director of | 3529 |
| administrative services, any other failure of good behavior, any | 3530 |
| other acts of misfeasance, malfeasance, or nonfeasance in office, | 3531 |
| or conviction of a felony. An employee also forfeits the right to | 3532 |
| resume a position in the classified service upon transfer to a | 3533 |
| different agency. | 3534 |
| Reinstatement to a position in the classified service shall | 3535 |
| be to a position substantially equal to that position in the | 3536 |
| classified service held previously, as certified by the director | 3537 |
| of administrative services. If the position the person previously | 3538 |
| held in the classified service has been placed in the unclassified | 3539 |
| service or is otherwise unavailable, the person shall be appointed | 3540 |
| to a position in the classified service within the appointing | 3541 |
| authority's agency that the director of administrative services | 3542 |
| certifies is comparable in compensation to the position the person | 3543 |
| previously held in the classified service. Service in the position | 3544 |
| in the unclassified service shall be counted as service in the | 3545 |
| position in the classified service held by the person immediately | 3546 |
| prior to the person's appointment to the position in the | 3547 |
| unclassified service. When a person is reinstated to a position in | 3548 |
| the classified service as provided in this division, the person is | 3549 |
| entitled to all rights, status, and benefits accruing to the | 3550 |
| position in the classified service during the person's time of | 3551 |
| service in the position in the unclassified service. | 3552 |
| Sec. 124.134. (A) Each full-time permanent state employee | 3553 |
| paid in accordance with section 124.152 of the Revised Code and | 3554 |
| those employees listed in divisions (B)(2) and (4) of section | 3555 |
| 124.14 of the Revised Code, after service of one year, shall have | 3556 |
| earned and will be due upon the attainment of the first year of | 3557 |
| employment, and annually thereafter, eighty hours of vacation | 3558 |
| leave with full pay. One year of service shall be computed on the | 3559 |
| basis of twenty-six biweekly pay periods. A full-time permanent | 3560 |
| state employee with five or more years of service shall have | 3561 |
| earned and is entitled to one hundred twenty hours of vacation | 3562 |
| leave with full pay. A full-time permanent state employee with ten | 3563 |
| or more years of service shall have earned and is entitled to one | 3564 |
| hundred sixty hours of vacation leave with full pay. A full-time | 3565 |
| permanent state employee with fifteen or more years of service | 3566 |
| shall have earned and is entitled to one hundred eighty hours of | 3567 |
| vacation leave with full pay. A full-time permanent state employee | 3568 |
| with twenty or more years of service shall have earned and is | 3569 |
| entitled to two hundred hours of vacation leave with full pay. A | 3570 |
| full-time permanent state employee with twenty-five or more years | 3571 |
| of service shall have earned and is entitled to two hundred forty | 3572 |
| hours of vacation leave with full pay. Such vacation leave shall | 3573 |
| accrue to the employee at the rate of three and one-tenth hours | 3574 |
| each biweekly period for those entitled to eighty hours per year; | 3575 |
| four and six-tenths hours each biweekly period for those entitled | 3576 |
| to one hundred twenty hours per year; six and two-tenths hours | 3577 |
| each biweekly period for those entitled to one hundred sixty hours | 3578 |
| per year; six and nine-tenths hours each biweekly period for those | 3579 |
| entitled to one hundred eighty hours per year; seven and | 3580 |
| seven-tenths hours each biweekly period for those entitled to two | 3581 |
| hundred hours per year; and nine and two-tenths hours each | 3582 |
| biweekly period for those entitled to two hundred forty hours per | 3583 |
| year. | 3584 |
| The amount of an employee's service shall be determined in | 3585 |
| accordance with the standard specified in section 9.44 of the | 3586 |
| Revised Code. Credit for prior service, including an increased | 3587 |
| vacation accrual rate and longevity supplement, shall take effect | 3588 |
| during the first pay period that begins immediately following the | 3589 |
| date the director of administrative services approves granting | 3590 |
| credit for that prior service. No employee, other than an employee | 3591 |
| who submits proof of prior service within ninety days after the | 3592 |
| date of the employee's hiring, shall receive any amount of | 3593 |
| vacation leave for the period prior to the date of the director's | 3594 |
| approval of the grant of credit for prior service. | 3595 |
| Part-time permanent employees who are paid in accordance with | 3596 |
| section 124.152 of the Revised Code and full-time permanent | 3597 |
| employees subject to this section who are in active pay status for | 3598 |
| less than eighty hours in a pay period shall earn vacation leave | 3599 |
| on a prorated basis. The ratio between the hours worked and the | 3600 |
| vacation hours earned by these classes of employees shall be the | 3601 |
| same as the ratio between the hours worked and the vacation hours | 3602 |
| earned by a full-time permanent employee with the same amount of | 3603 |
| service as provided for in this section. | 3604 |
| Vacation leave is not available for use until it appears on | 3605 |
| the employee's earning statement and the compensation described in | 3606 |
| the earning statement is available to the employee. | 3607 |
| (B) Employees granted leave under this section shall forfeit | 3608 |
| their right to take or to be paid for any vacation leave to their | 3609 |
| credit which is in excess of the accrual for three years. Such | 3610 |
| excess leave shall be eliminated from the employees' leave | 3611 |
| balance. If an employee's vacation leave credit is at, or will | 3612 |
| reach in the immediately following pay period, the maximum of the | 3613 |
| accrual for three years and the employee has been denied the use | 3614 |
| of vacation leave during the immediately preceding twelve months, | 3615 |
| the employee, at the employee's request, shall be paid in a pay | 3616 |
| period for the vacation leave the employee was denied, up to the | 3617 |
| maximum amount the employee would be entitled to be paid for in | 3618 |
| any pay period. An employee is not entitled to receive payment for | 3619 |
| vacation leave denied in any pay period in which the employee's | 3620 |
| vacation leave credit is not at, or will not reach in the | 3621 |
| immediately following pay period, the maximum of accrual for three | 3622 |
| years. Any vacation leave for which an employee receives payment | 3623 |
| shall be deducted from the employee's vacation leave balance. Such | 3624 |
| payment shall not be made for any leave accrued in the same | 3625 |
| calendar year in which the payment is made. | 3626 |
| (C) Upon separation from state service an employee granted | 3627 |
| leave under this section is entitled to compensation at the | 3628 |
| employee's current rate of pay for all unused vacation leave | 3629 |
| accrued under this section or section 124.13 of the Revised Code | 3630 |
| to the employee's credit. In case of transfer of an employee from | 3631 |
| one state agency to another, the employee shall retain the accrued | 3632 |
| and unused vacation leave. In case of death of an employee, such | 3633 |
| unused vacation leave shall be paid in accordance with section | 3634 |
| 2113.04 of the Revised Code, or to the employee's estate. An | 3635 |
| employee serving in a temporary work level or an interim | 3636 |
| appointment who is eligible to receive compensation under this | 3637 |
| division shall be compensated at the base rate of pay of the | 3638 |
| employee's normal classification. | 3639 |
| Sec. 124.135. (A) State employees are entitled to paid leave | 3640 |
| when summoned for jury duty by a court of competent jurisdiction | 3641 |
| 3642 |
| (B) State employees are entitled to paid leave when | 3643 |
| subpoenaed to appear before any court, commission, board, or other | 3644 |
| legally constituted body authorized by law to compel the | 3645 |
| attendance of witnesses | 3646 |
| 3647 | |
| a party to the action or proceeding involved or is subpoenaed as a | 3648 |
| result of secondary employment outside the service of the state. | 3649 |
| (C) Each full-time permanent state employee paid in | 3650 |
| accordance with section 124.152 of the Revised Code and those | 3651 |
| employees described in divisions (B)(2) and (4) of section 124.14 | 3652 |
| of the Revised Code also
may | 3653 |
| appointing authority's discretion, | 3654 |
| appointed to serve on advisory boards or commissions | 3655 |
| soliciting for charities for which payroll deductions are made. | 3656 |
| Sec. 124.137. There is hereby created in the state treasury | 3657 |
| the parental leave benefit fund. The director of administrative | 3658 |
| services shall use moneys credited to the fund solely for the | 3659 |
| payment of parental leave benefits available to employees paid by | 3660 |
| warrant of the | 3661 |
| and for payment of any direct and indirect costs that are | 3662 |
| attributable to consultants or a third-party administrator and | 3663 |
| that are necessary to administer this section. All investment | 3664 |
| earnings of the parental leave fund shall be credited to the fund. | 3665 |
| The director of administrative services, in consultation with | 3666 |
| the director of budget and management, shall determine a rate at | 3667 |
| which the payrolls of all state agencies with employees paid by | 3668 |
| warrant of the | 3669 |
| shall be charged each pay period that is sufficient to cover the | 3670 |
| costs of administering the parental leave benefit program. The | 3671 |
| rate shall be based on the total number of such employees and may | 3672 |
| be adjusted as the director of administrative services, in | 3673 |
| consultation with the director of budget and management, considers | 3674 |
| necessary. All money collected from the assessment shall be | 3675 |
| credited to the parental leave benefit fund. | 3676 |
| Sec. 124.138. The director of administrative services may | 3677 |
| establish paid leaves and employee benefits for eligible full-time | 3678 |
| fire fighters employed by the adjutant general's department that | 3679 |
| are comparable to paid leaves and employee benefits provided to | 3680 |
| other full-time permanent employees paid directly by warrant of | 3681 |
| the | 3682 |
| leaves and employee benefits established under this section shall | 3683 |
| be limited to fire fighters regularly scheduled to work at least | 3684 |
| one hundred four hours per biweekly pay period and shall be | 3685 |
| adjusted so that the ratio between the hours worked and the paid | 3686 |
| leave hours earned shall be the same as the ratio between the | 3687 |
| hours worked and the paid leave hours earned by full-time | 3688 |
| permanent employees with the same amount of accrued service. The | 3689 |
| director of administrative services shall adopt rules in | 3690 |
| accordance with Chapter 119. of the Revised Code governing any | 3691 |
| paid leaves and employee benefits established under this section. | 3692 |
| Sec. 124.139. (A) A full-time state employee shall receive up | 3693 |
| to two hundred forty hours of leave with pay during each calendar | 3694 |
| year to use during those hours when the employee is absent from | 3695 |
| work because of the employee's donation of any portion of an adult | 3696 |
| liver or because of the employee's donation of an adult kidney. | 3697 |
| (B) A full-time state employee shall receive up to fifty-six | 3698 |
| hours of leave with pay during each calendar year to use during | 3699 |
| those hours when the employee is absent from work because of the | 3700 |
| employee's donation of adult bone marrow. | 3701 |
| (C) An appointing authority shall compensate a full-time | 3702 |
| state employee who uses leave granted under division (A) or (B) of | 3703 |
| this section at the employee's regular rate of pay for those | 3704 |
| regular work hours during which the employee is absent from work. | 3705 |
| (D)(1) The director of administrative services, under section | 3706 |
| 124.04 of the Revised Code, shall provide information about this | 3707 |
| section to full-time employees who are paid directly by warrant of | 3708 |
| the | 3709 |
| (2) The appointing authority of full-time employees who are | 3710 |
|
not paid
directly by warrant of the | 3711 |
| budget and management shall periodically provide information about | 3712 |
| this section to those employees. | 3713 |
| Sec. 124.14. (A)(1) The director of administrative services | 3714 |
| shall establish, and may modify or repeal, by rule, a job | 3715 |
| classification plan for all positions, offices, and employments | 3716 |
| the salaries of which are paid in whole or in part by the state. | 3717 |
| The director shall group jobs within a classification so that the | 3718 |
| positions are similar enough in duties and responsibilities to be | 3719 |
| described by the same title, to have the same pay assigned with | 3720 |
| equity, and to have the same qualifications for selection applied. | 3721 |
| The director shall, by rule, assign a classification title to each | 3722 |
| classification within the classification plan. However, the | 3723 |
| director shall consider in establishing classifications, including | 3724 |
| classifications with parenthetical titles, and assigning pay | 3725 |
| ranges such factors as duties performed only on one shift, special | 3726 |
| skills in short supply in the labor market, recruitment problems, | 3727 |
| separation rates, comparative salary rates, the amount of training | 3728 |
| required, and other conditions affecting employment. The director | 3729 |
| shall describe the duties and responsibilities of the class and | 3730 |
| establish the qualifications for being employed in that position, | 3731 |
| and shall file with the secretary of state a copy of | 3732 |
| specifications for all of the classifications. The director shall | 3733 |
| file new, additional, or revised specifications with the secretary | 3734 |
| of state before being used. | 3735 |
| The director shall, by rule, assign each classification, | 3736 |
| either on a statewide basis or in particular counties or state | 3737 |
| institutions, to a pay range established under section 124.15 or | 3738 |
| section 124.152 of the Revised Code. The director may assign a | 3739 |
| classification to a pay range on a temporary basis for a period of | 3740 |
| time designated in the rule. The director may establish, by rule | 3741 |
| adopted under Chapter 119. of the Revised Code, experimental | 3742 |
| classification plans for some or all employees paid directly by | 3743 |
|
warrant of the | 3744 |
| The rule shall include specifications for each classification | 3745 |
| within the plan and shall specifically address compensation | 3746 |
| ranges, and methods for advancing within the ranges, for the | 3747 |
| classifications, which may be assigned to pay ranges other than | 3748 |
| the pay ranges established under section 124.15 or 124.152 of the | 3749 |
| Revised Code. | 3750 |
| (2) The director of administrative services may reassign to a | 3751 |
| proper classification those positions that have been assigned to | 3752 |
| an improper classification. If the compensation of an employee in | 3753 |
| such a reassigned position exceeds the maximum rate of pay for the | 3754 |
| employee's new classification, the employee shall be placed in pay | 3755 |
| step X and shall not receive an increase in compensation until the | 3756 |
| maximum rate of pay for that classification exceeds the employee's | 3757 |
| compensation. | 3758 |
| (3) The director may reassign an exempt employee, as defined | 3759 |
| in section 124.152 of the Revised Code, to a bargaining unit | 3760 |
| classification if the director determines that the bargaining unit | 3761 |
| classification is the proper classification for that employee. | 3762 |
| Notwithstanding Chapter 4117. of the Revised Code or instruments | 3763 |
| and contracts negotiated under it, such placements are at the | 3764 |
| director's discretion. | 3765 |
| (4) The director shall, by rule, assign related | 3766 |
| classifications, which form a career progression, to a | 3767 |
| classification series. The director shall, by rule, assign each | 3768 |
| classification in the classification plan a five-digit number, the | 3769 |
| first four digits of which shall denote the classification series | 3770 |
| to which the classification is assigned. When a career progression | 3771 |
| encompasses more than ten classifications, the director shall, by | 3772 |
| rule, identify the additional classifications belonging to a | 3773 |
| classification series. Such additional classifications shall be | 3774 |
| part of the classification series, notwithstanding the fact that | 3775 |
| the first four digits of the number assigned to the additional | 3776 |
| classifications do not correspond to the first four digits of the | 3777 |
| numbers assigned to other classifications in the classification | 3778 |
| series. | 3779 |
| (5) The director shall adopt rules in accordance with Chapter | 3780 |
| 119. of the Revised Code for the establishment of a classification | 3781 |
| plan for county agencies that elect not to use the services and | 3782 |
| facilities of a county personnel department. The rules shall | 3783 |
| include a methodology for the establishment of titles unique to | 3784 |
| county agencies, the use of state classification titles and | 3785 |
| classification specifications for common positions, the criteria | 3786 |
| for a county to meet in establishing its own classification plan, | 3787 |
| and the establishment of what constitutes a classification series | 3788 |
| for county agencies. | 3789 |
| (B) Division (A) of this section and sections 124.15 and | 3790 |
| 124.152 of the Revised Code do not apply to the following persons, | 3791 |
| positions, offices, and employments: | 3792 |
| (1) Elected officials; | 3793 |
| (2) Legislative employees, employees of the legislative | 3794 |
| service commission, employees in the office of the governor, | 3795 |
| employees who are in the unclassified civil service and exempt | 3796 |
| from collective bargaining coverage in the office of the secretary | 3797 |
| of state, auditor of state, treasurer of state, and attorney | 3798 |
| general, and employees of the supreme court; | 3799 |
| (3) Employees of a county children services board that | 3800 |
| establishes compensation rates under section 5153.12 of the | 3801 |
| Revised Code; | 3802 |
| (4) Any position for which the authority to determine | 3803 |
| compensation is given by law to another individual or entity; | 3804 |
| (5) Employees of the bureau of workers' compensation whose | 3805 |
| compensation the administrator of workers' compensation | 3806 |
| establishes under division (B) of section 4121.121 of the Revised | 3807 |
| Code. | 3808 |
| (C) The director may employ a consulting agency to aid and | 3809 |
| assist the director in carrying out this section. | 3810 |
| (D)(1) When the director proposes to modify a classification | 3811 |
| or the assignment of classes to appropriate pay ranges, the | 3812 |
| director shall send written notice of the proposed rule to the | 3813 |
| appointing authorities of the affected employees thirty days | 3814 |
| before the hearing on the proposed rule. The appointing | 3815 |
| authorities shall notify the affected employees regarding the | 3816 |
| proposed rule. The director shall also send such appointing | 3817 |
| authorities notice of any final rule which is adopted within ten | 3818 |
| days after adoption. | 3819 |
| (2) When the director proposes to reclassify any employee so | 3820 |
| that the employee is adversely affected, the director shall give | 3821 |
| to the employee affected and to the employee's appointing | 3822 |
| authority a written notice setting forth the proposed new | 3823 |
| classification, pay range, and salary. Upon the request of any | 3824 |
| classified employee who is not serving in a probationary period, | 3825 |
| the director shall perform a job audit to review the | 3826 |
| classification of the employee's position to determine whether the | 3827 |
| position is properly classified. The director shall give to the | 3828 |
| employee affected and to the employee's appointing authority a | 3829 |
| written notice of the director's determination whether or not to | 3830 |
| reclassify the position or to reassign the employee to another | 3831 |
| classification. An employee or appointing authority desiring a | 3832 |
| hearing shall file a written request for the hearing with the | 3833 |
| state personnel board of review within thirty days after receiving | 3834 |
| the notice. The board shall set the matter for a hearing and | 3835 |
| notify the employee and appointing authority of the time and place | 3836 |
| of the hearing. The employee, appointing authority, or any | 3837 |
| authorized representative of the employee who wishes to submit | 3838 |
| facts for the consideration of the board shall be afforded | 3839 |
| reasonable opportunity to do so. After the hearing, the board | 3840 |
| shall consider anew the reclassification and may order the | 3841 |
| reclassification of the employee and require the director to | 3842 |
| assign the employee to such appropriate classification as the | 3843 |
| facts and evidence warrant. As provided in division (A) of section | 3844 |
| 124.03 of the Revised Code, the board may determine the most | 3845 |
| appropriate classification for the position of any employee coming | 3846 |
| before the board, with or without a job audit. The board shall | 3847 |
| disallow any reclassification or reassignment classification of | 3848 |
| any employee when it finds that changes have been made in the | 3849 |
| duties and responsibilities of any particular employee for | 3850 |
| political, religious, or other unjust reasons. | 3851 |
| (E)(1) Employees of each county department of job and family | 3852 |
| services shall be paid a salary or wage established by the board | 3853 |
| of county commissioners. The provisions of section 124.18 of the | 3854 |
| Revised Code concerning the standard work week apply to employees | 3855 |
| of county departments of job and family services. A board of | 3856 |
| county commissioners may do either of the following: | 3857 |
| (a) Notwithstanding any other section of the Revised Code, | 3858 |
| supplement the sick leave, vacation leave, personal leave, and | 3859 |
| other benefits of any employee of the county department of job and | 3860 |
| family services of that county, if the employee is eligible for | 3861 |
| the supplement under a written policy providing for the | 3862 |
| supplement; | 3863 |
| (b) Notwithstanding any other section of the Revised Code, | 3864 |
| establish alternative schedules of sick leave, vacation leave, | 3865 |
| personal leave, or other benefits for employees not inconsistent | 3866 |
| with the provisions of a collective bargaining agreement covering | 3867 |
| the affected employees. | 3868 |
| (2) The provisions of division (E)(1) of this section do not | 3869 |
| apply to employees for whom the state employment relations board | 3870 |
| establishes appropriate bargaining units pursuant to section | 3871 |
| 4117.06 of the Revised Code, except in either of the following | 3872 |
| situations: | 3873 |
| (a) The employees for whom the state employment relations | 3874 |
| board establishes appropriate bargaining units elect no | 3875 |
| representative in a board-conducted representation election. | 3876 |
| (b) After the state employment relations board establishes | 3877 |
| appropriate bargaining units for such employees, all employee | 3878 |
| organizations withdraw from a representation election. | 3879 |
| (F) With respect to officers and employees of state-supported | 3880 |
| colleges and universities and except for the powers and duties of | 3881 |
| the state personnel board of review set forth in section 124.03 of | 3882 |
| the Revised Code, the powers, duties, and functions of the | 3883 |
| department of administrative services and of the director of | 3884 |
| administrative services specified in this chapter are hereby | 3885 |
| vested in and assigned to the boards of trustees of those colleges | 3886 |
| and universities, or those officers to whom the boards of trustees | 3887 |
| have delegated these powers, duties, and functions, subject to a | 3888 |
| periodic audit and review by the director. In exercising the | 3889 |
| powers, duties, and functions of the director, the boards of | 3890 |
| trustees or the officers to whom these powers, duties, and | 3891 |
| functions were delegated need not establish a job classification | 3892 |
| plan for unclassified employees and may proceed under section | 3893 |
| 111.15 of the Revised Code when exercising the director's | 3894 |
| rule-making authority. The adoption, amendment, rescission, and | 3895 |
| enforcement of rules under this division is not subject to | 3896 |
| approval, disapproval, or modification by the state personnel | 3897 |
| board of review. Nothing in this division shall be construed to | 3898 |
| limit the right of any classified employee who possesses the right | 3899 |
| of appeal to the state personnel board of review to continue to | 3900 |
| possess that right of appeal. | 3901 |
| Upon the director's determination or finding of the misuse by | 3902 |
| the board of trustees of or a designated officer of a | 3903 |
| state-supported college or university of the authority granted | 3904 |
| under this division, the director shall order and direct the | 3905 |
| personnel functions of that state-supported college or university | 3906 |
| until sections 124.01 to 124.64 of the Revised Code have been | 3907 |
| fully complied with. | 3908 |
| (G)(1) Each board of county commissioners may, by a | 3909 |
| resolution adopted by a majority of its members, establish a | 3910 |
| county personnel department to exercise the powers, duties, and | 3911 |
| functions specified in division (G) of this section. As used in | 3912 |
| division (G) of this section, "county personnel department" means | 3913 |
| a county personnel department established by a board of county | 3914 |
| commissioners under division (G)(1) of this section. | 3915 |
| (2) Each board of county commissioners may, by a resolution | 3916 |
| adopted by a majority of its members, designate the county | 3917 |
| personnel department of the county to exercise the powers, duties, | 3918 |
| and functions of the department of administrative services and the | 3919 |
| director of administrative services specified in sections 124.01 | 3920 |
| to 124.64 and Chapter 325. of the Revised Code, except for the | 3921 |
| powers and duties of the state personnel board of review, which | 3922 |
| powers and duties shall not be construed as having been modified | 3923 |
| or diminished in any manner by division (G)(2) of this section, | 3924 |
| with respect to the employees for whom the board of county | 3925 |
| commissioners is the appointing authority or co-appointing | 3926 |
| authority. Upon certification of a copy of the resolution by the | 3927 |
| board to the director, these powers, duties, and functions are | 3928 |
| vested in and assigned to the county personnel department with | 3929 |
| respect to the employees for whom the board of county | 3930 |
| commissioners is the appointing authority or co-appointing | 3931 |
| authority. The certification to the director shall be provided not | 3932 |
| later than one hundred twenty days before the first day of July of | 3933 |
| an odd-numbered year, and, following the certification, the | 3934 |
| powers, duties, and functions specified in sections 124.01 to | 3935 |
| 124.64 and Chapter 325. of the Revised Code shall be vested in and | 3936 |
| assigned to the county personnel department on that first day of | 3937 |
| July. Nothing in division (G)(2) of this section shall be | 3938 |
| construed to limit the right of any employee who possesses the | 3939 |
| right of appeal to the state personnel board of review to continue | 3940 |
| to possess that right of appeal. | 3941 |
| Any board of county commissioners that has established a | 3942 |
| county personnel department may contract with the department of | 3943 |
| administrative services, another political subdivision, or an | 3944 |
| appropriate public or private entity to provide competitive | 3945 |
| testing services or other appropriate services. | 3946 |
| (3) After the county personnel department of a county has | 3947 |
| assumed the powers, duties, and functions of the department of | 3948 |
| administrative services and the director as described in division | 3949 |
| (G)(2) of this section, any elected official, board, agency, or | 3950 |
| other appointing authority of that county may, upon notification | 3951 |
| to the director, elect to use the services and facilities of the | 3952 |
| county personnel department. Upon the acceptance by the director | 3953 |
| of such notification, the county personnel department shall | 3954 |
| exercise the powers, duties, and functions of the department of | 3955 |
| administrative services and the director as described in division | 3956 |
| (G)(2) of this section with respect to the employees of that | 3957 |
| elected official, board, agency, or other appointing authority. | 3958 |
| The notification to the director shall be provided not later than | 3959 |
| one hundred twenty days before the first day of July of an | 3960 |
| odd-numbered year, and, following the notification, the powers, | 3961 |
| duties, and functions specified in sections 124.01 to 124.64 and | 3962 |
| Chapter 325. of the Revised Code with respect to the employees of | 3963 |
| that elected official, board, agency, or other appointing | 3964 |
| authority shall be vested in and assigned to the county personnel | 3965 |
| department on that first day of July. Except for those employees | 3966 |
| under the jurisdiction of the county personnel department, the | 3967 |
| director shall continue to exercise these powers, duties, and | 3968 |
| functions with respect to employees of the county. | 3969 |
| (4) Each board of county commissioners that has established a | 3970 |
| county personnel department may, by a resolution adopted by a | 3971 |
| majority of its members, disband the county personnel department | 3972 |
| and return to the department of administrative services for the | 3973 |
| administration of sections 124.01 to 124.64 and Chapter 325. of | 3974 |
| the Revised Code. The board shall, not later than one hundred | 3975 |
| twenty days before the first day of July of an odd-numbered year, | 3976 |
| send the director a certified copy of the resolution disbanding | 3977 |
| the county personnel department. All powers, duties, and functions | 3978 |
| previously vested in and assigned to the county personnel | 3979 |
| department shall return to the director on that first day of July. | 3980 |
| (5) Any elected official, board, agency, or appointing | 3981 |
| authority of a county may return to the department of | 3982 |
| administrative services for the administration of sections 124.01 | 3983 |
| to 124.64 and Chapter 325. of the Revised Code. The elected | 3984 |
| official, board, agency, or appointing authority shall, not later | 3985 |
| than one hundred twenty days before the first day of July of an | 3986 |
| odd-numbered year, send the director a certified copy of the | 3987 |
| resolution that states its decision. All powers, duties, and | 3988 |
| functions previously vested in and assigned to the county | 3989 |
| personnel department with respect to the employees of that elected | 3990 |
| official, board, agency, or appointing authority shall return to | 3991 |
| the director on that first day of July. | 3992 |
| (6) The director, by rule adopted in accordance with Chapter | 3993 |
| 119. of the Revised Code, shall prescribe criteria and procedures | 3994 |
| for granting to each county personnel department the powers, | 3995 |
| duties, and functions of the department of administrative services | 3996 |
| and the director as described in division (G)(2) of this section | 3997 |
| with respect to the employees of an elected official, board, | 3998 |
| agency, or other appointing authority or co-appointing authority. | 3999 |
| The rules shall cover the following criteria and procedures: | 4000 |
| (a) The notification to the department of administrative | 4001 |
| services that an elected official, board, agency, or other | 4002 |
| appointing authority of a county has elected to use the services | 4003 |
| and facilities of the county personnel department; | 4004 |
| (b) A requirement that each county personnel department, in | 4005 |
| carrying out its duties, adhere to merit system principles with | 4006 |
| regard to employees of county departments of job and family | 4007 |
| services, child support enforcement agencies, and public child | 4008 |
| welfare agencies so that there is no threatened loss of federal | 4009 |
| funding for these agencies, and a requirement that the county be | 4010 |
| financially liable to the state for any loss of federal funds due | 4011 |
| to the action or inaction of the county personnel department. The | 4012 |
| costs associated with audits conducted to monitor compliance with | 4013 |
| division (G)(6)(b) of this section shall be borne equally by the | 4014 |
| department of administrative services and the county. | 4015 |
| (c) The termination of services and facilities rendered by | 4016 |
| the department of administrative services, to include rate | 4017 |
| adjustments, time periods for termination, and other related | 4018 |
| matters; | 4019 |
| (d) Authorization for the director of administrative services | 4020 |
| to conduct periodic audits and reviews of county personnel | 4021 |
| departments to guarantee the uniform application of this granting | 4022 |
| of the director's powers, duties, and functions. The costs of the | 4023 |
| audits and reviews shall be borne equally by the department of | 4024 |
| administrative services and the county for which the services were | 4025 |
| performed. | 4026 |
| (e) The dissemination of audit findings under division | 4027 |
| (G)(5)(d) of this section, any appeals process relating to adverse | 4028 |
| findings by the department, and the methods whereby the county | 4029 |
| personnel program will revert to the authority of the director of | 4030 |
| administrative services due to misuse or nonuniform application of | 4031 |
| the authority granted to the county under division (G)(2) or (3) | 4032 |
| of this section. | 4033 |
| (H) The director of administrative services shall establish | 4034 |
| the rate and method of compensation for all employees who are paid | 4035 |
| directly by warrant
of the | 4036 |
| management and who are serving in positions which the director of | 4037 |
| administrative services has determined impracticable to include in | 4038 |
| the state job classification plan. This division does not apply to | 4039 |
| elected officials, legislative employees, employees of the | 4040 |
| legislative service commission, employees who are in the | 4041 |
| unclassified civil service and exempt from collective bargaining | 4042 |
| coverage in the office of the secretary of state, auditor of | 4043 |
| state, treasurer of state, and attorney general, employees of the | 4044 |
| courts, employees of the bureau of workers' compensation whose | 4045 |
| compensation the administrator of workers' compensation | 4046 |
| establishes under division (B) of section 4121.121 of the Revised | 4047 |
| Code, or employees of an appointing authority authorized by law to | 4048 |
| fix the compensation of those employees. | 4049 |
| (I) The director shall set the rate of compensation for all | 4050 |
| intermittent, interim, seasonal, temporary, emergency, and casual | 4051 |
| employees who are not considered public employees under section | 4052 |
| 4117.01 of the Revised Code. Such employees are not entitled to | 4053 |
| receive employee benefits. This rate of compensation shall be | 4054 |
| equitable in terms of the rate of employees serving in the same or | 4055 |
| similar classifications. This division does not apply to elected | 4056 |
| officials, legislative employees, employees of the legislative | 4057 |
| service commission, employees who are in the unclassified civil | 4058 |
| service and exempt from collective bargaining coverage in the | 4059 |
| office of the secretary of state, auditor of state, treasurer of | 4060 |
| state, and attorney general, employees of the courts, employees of | 4061 |
| the bureau of workers' compensation whose compensation the | 4062 |
| administrator establishes under division (B) of section 4121.121 | 4063 |
| of the Revised Code, or employees of an appointing authority | 4064 |
| authorized by law to fix the compensation of those employees. | 4065 |
| Sec. 124.151. (A) As used in this section, "compensation" | 4066 |
| includes, but is not limited to, wages and salary, travel | 4067 |
| allowances paid pursuant to section 101.27 of the Revised Code, | 4068 |
| and benefits paid pursuant to sections 124.13, 124.19, 124.381, | 4069 |
| 124.382, 124.383, 124.384, 124.385, and 124.386 of the Revised | 4070 |
| Code. | 4071 |
| (B)(1) The compensation of any employee
| 4072 |
| 4073 | |
|
is paid by warrant
of the
| 4074 |
| management shall be paid by direct deposit. Each such employee | 4075 |
| shall provide to the appointing authority a written authorization | 4076 |
| for payment by direct deposit. The authorization shall include the | 4077 |
| designation of a financial institution equipped to accept direct | 4078 |
| deposits and the number of the account into which the deposit is | 4079 |
| to be made. The authorization shall remain in effect until | 4080 |
| withdrawn in writing by the employee or until dishonored by the | 4081 |
| financial institution. The director of administrative services | 4082 |
| shall provide by rule adopted under Chapter 119. of the Revised | 4083 |
| Code for the direct deposit in a financial institution of the | 4084 |
| compensation of an employee who fails to provide to the appointing | 4085 |
| authority a written authorization for payment by direct deposit. | 4086 |
| (2) Division (B)(1) of this section does not apply to an | 4087 |
| employee who was appointed to the employee's current position | 4088 |
| before June 5, 2002, who is a public employee as defined in | 4089 |
| section 4117.01 of the Revised Code, and whose applicable | 4090 |
| collective bargaining agreement does not require the employee to | 4091 |
| be paid by direct deposit. | 4092 |
| Sec. 124.152. (A)(1) Except as provided in divisions (A)(2) | 4093 |
| and (3) of this section, each exempt employee shall be paid a | 4094 |
| salary or wage in accordance with schedule E-1 or schedule E-2 of | 4095 |
| division (B) | 4096 |
| (2) Each exempt employee who holds a position in the | 4097 |
| unclassified civil service pursuant to division (A)(26) or (30) of | 4098 |
| section 124.11 of the Revised Code may be paid a salary or wage in | 4099 |
| accordance with schedule E-1, schedule E-1 for step seven only, or | 4100 |
| schedule E-2 of division (B) | 4101 |
| as applicable. | 4102 |
| (3)(a) Except as provided in division (A)(3)(b) of this | 4103 |
| section, each exempt employee who was paid a salary or wage at | 4104 |
| step 7 in the employee's pay range on June 28, 2003, in accordance | 4105 |
| with the applicable schedule E-1 of former section 124.152 of the | 4106 |
| Revised Code and who continued to be so paid on June 29, 2003, | 4107 |
| shall be paid a salary or wage in the corresponding pay range in | 4108 |
| schedule E-1 for step seven only of division | 4109 |
| section for as long as the employee remains in the position the | 4110 |
| employee held as of July 1, 2003. | 4111 |
| (b) Except as provided in division (A)(3)(c) of this section, | 4112 |
| if an exempt employee who is being paid a salary or wage in | 4113 |
| accordance with schedule E-1 for step seven only of division | 4114 |
| 4115 | |
| shall not receive a salary or wage for that position or any other | 4116 |
| position in the future in accordance with that schedule. | 4117 |
| (c) If an exempt employee who is being paid a salary or wage | 4118 |
| in accordance with schedule E-1 for step seven only of division | 4119 |
| 4120 | |
| to pay range 12 or above, the appointing authority has the | 4121 |
| discretion to assign the employee to be paid a salary or wage in | 4122 |
| the appropriate pay range for that position in accordance with | 4123 |
| schedule E-1 for step seven only, provided that the appointing | 4124 |
| authority so notifies the director of administrative services in | 4125 |
| writing at the time the employee is appointed to that position. | 4126 |
| (B) Beginning on the first day of the pay period that | 4127 |
|
includes July 1, | 4128 |
| in accordance with schedule E-1 or schedule E-2 of this section | 4129 |
| shall be paid a salary or wage in accordance with the following | 4130 |
| schedule of rates: | 4131 |
| Schedule E-1 | 4132 |
| 4133 |
| Step | Step | Step | Step | Step | Step | 4134 | |||||
| Range | 1 | 2 | 3 | 4 | 5 | 6 | 4135 | ||||
| 4136 | |||||||||||
| 4137 | |||||||||||
| 4138 | |||||||||||
| 4139 | |||||||||||
| 4140 | |||||||||||
| 4141 | |||||||||||
| 4142 | |||||||||||
| 4143 | |||||||||||
| 4144 | |||||||||||
| 4145 | |||||||||||
| 4146 | |||||||||||
| 4147 | |||||||||||
| 4148 | |||||||||||
| 4149 | |||||||||||
| 4150 | |||||||||||
| 4151 | |||||||||||
| 4152 | |||||||||||
| 4153 | |||||||||||
| 4154 | |||||||||||
| 4155 | |||||||||||
| 4156 | |||||||||||
| 4157 | |||||||||||
| 4158 | |||||||||||
| 4159 | |||||||||||
| 4160 | |||||||||||
| 4161 | |||||||||||
| 4162 | |||||||||||
| 4163 | |||||||||||
| 4164 | |||||||||||
| 4165 | |||||||||||
| 4166 | |||||||||||
| 4167 | |||||||||||
| 4168 | |||||||||||
| 4169 | |||||||||||
| 4170 | |||||||||||
| 4171 |
| 1 | Hourly | 9.40 | 9.82 | 10.24 | 10.68 | 4172 | |||||
| Annually | 19552 | 20426 | 21299 | 22214 | 4173 | ||||||
| 2 | Hourly | 11.40 | 11.88 | 12.40 | 12.94 | 4174 | |||||
| Annually | 23712 | 24710 | 25792 | 26915 | 4175 | ||||||
| 3 | Hourly | 11.94 | 12.48 | 13.03 | 13.60 | 4176 | |||||
| Annually | 24835 | 25958 | 27102 | 28288 | 4177 | ||||||
| 4 | Hourly | 12.54 | 13.10 | 13.72 | 14.34 | 4178 | |||||
| Annually | 26083 | 27248 | 28538 | 29827 | 4179 | ||||||
| 5 | Hourly | 13.15 | 13.75 | 14.34 | 14.97 | 4180 | |||||
| Annually | 27352 | 28600 | 29827 | 31138 | 4181 | ||||||
| 6 | Hourly | 13.86 | 14.43 | 15.07 | 15.69 | 4182 | |||||
| Annually | 28829 | 30014 | 31346 | 32635 | 4183 | ||||||
| 7 | Hourly | 14.72 | 15.27 | 15.88 | 16.44 | 17.08 | 4184 | ||||
| Annually | 30618 | 31762 | 33030 | 34195 | 35526 | 4185 | |||||
| 8 | Hourly | 15.56 | 16.24 | 16.95 | 17.71 | 18.46 | 4186 | ||||
| Annually | 32365 | 33779 | 35256 | 36837 | 38397 | 4187 | |||||
| 9 | Hourly | 16.60 | 17.46 | 18.32 | 19.23 | 20.21 | 4188 | ||||
| Annually | 34528 | 36317 | 38106 | 39998 | 42037 | 4189 | |||||
| 10 | Hourly | 17.91 | 18.89 | 19.90 | 21.05 | 22.18 | 4190 | ||||
| Annually | 37253 | 39291 | 41392 | 43784 | 46134 | 4191 | |||||
| 11 | Hourly | 19.50 | 20.64 | 21.84 | 23.06 | 24.38 | 4192 | ||||
| Annually | 40560 | 42931 | 45427 | 47965 | 50710 | 4193 | |||||
| 12 | Hourly | 21.51 | 22.72 | 23.94 | 25.27 | 26.68 | 28.13 | 4194 | |||
| Annually | 44741 | 47258 | 49795 | 52562 | 55494 | 58510 | 4195 | ||||
| 13 | Hourly | 23.71 | 25.01 | 26.39 | 27.80 | 29.36 | 30.96 | 4196 | |||
| Annually | 49317 | 52021 | 54891 | 57824 | 61069 | 64397 | 4197 | ||||
| 14 | Hourly | 26.08 | 27.55 | 29.03 | 30.62 | 32.35 | 34.15 | 4198 | |||
| Annually | 54246 | 57304 | 60382 | 63690 | 67288 | 71032 | 4199 | ||||
| 15 | Hourly | 28.64 | 30.25 | 31.96 | 33.72 | 35.59 | 37.55 | 4200 | |||
| Annually | 59571 | 62920 | 66477 | 70138 | 74027 | 78104 | 4201 | ||||
| 16 | Hourly | 31.58 | 33.33 | 35.17 | 37.14 | 39.19 | 41.43 | 4202 | |||
| Annually | 65686 | 69326 | 73154 | 77251 | 81515 | 86174 | 4203 | ||||
| 17 | Hourly | 34.80 | 36.72 | 38.78 | 40.92 | 43.20 | 45.61 | 4204 | |||
| Annually | 72384 | 76378 | 80662 | 85114 | 89856 | 94869 | 4205 | ||||
| 18 | Hourly | 38.35 | 40.47 | 42.75 | 45.10 | 47.60 | 50.26 | 4206 | |||
| Annually | 79768 | 84178 | 88920 | 93808 | 99008 | 104541 | 4207 |
| Schedule E-2 | 4208 |
| Range | Minimum | Maximum | 4209 | |||||
| 4210 | ||||||||
| 4211 | ||||||||
| 4212 | ||||||||
| 4213 | ||||||||
| 4214 | ||||||||
| 4215 | ||||||||
| 4216 | ||||||||
| 4217 | ||||||||
| 4218 | ||||||||
| 4219 | ||||||||
| 4220 | ||||||||
| 4221 | ||||||||
| 4222 | ||||||||
| 4223 | ||||||||
| 4224 | ||||||||
| 4225 | ||||||||
| 4226 | ||||||||
| 4227 |
| 41 | Hourly | 16.23 | 34.77 | 4228 | ||||
| Annually | 33758 | 72322 | 4229 | |||||
| 42 | Hourly | 17.89 | 38.41 | 4230 | ||||
| Annually | 37211 | 79893 | 4231 | |||||
| 43 | Hourly | 19.70 | 42.30 | 4232 | ||||
| Annually | 40976 | 87984 | 4233 | |||||
| 44 | Hourly | 21.73 | 46.21 | 4234 | ||||
| Annually | 45198 | 96117 | 4235 | |||||
| 45 | Hourly | 24.01 | 50.44 | 4236 | ||||
| Annually | 49941 | 104915 | 4237 | |||||
| 46 | Hourly | 26.43 | 55.13 | 4238 | ||||
| Annually | 54974 | 114670 | 4239 | |||||
| 47 | Hourly | 29.14 | 60.16 | 4240 | ||||
| Annually | 60611 | 125133 | 4241 | |||||
| 48 | Hourly | 32.14 | 65.65 | 4242 | ||||
| Annually | 66851 | 136552 | 4243 | |||||
| 49 | Hourly | 35.44 | 70.89 | 4244 | ||||
| Annually | 73715 | 147451 | 4245 |
| (C) | 4246 |
| 4247 | |
| 4248 | |
| 4249 | |
| 4250 |
| 4251 |
| 4252 |
| 4253 | |||||||||||
| 4254 | |||||||||||
| 4255 | |||||||||||
| 4256 | |||||||||||
| 4257 | |||||||||||
| 4258 | |||||||||||
| 4259 | |||||||||||
| 4260 | |||||||||||
| 4261 | |||||||||||
| 4262 | |||||||||||
| 4263 | |||||||||||
| 4264 | |||||||||||
| 4265 | |||||||||||
| 4266 | |||||||||||
| 4267 | |||||||||||
| 4268 | |||||||||||
| 4269 | |||||||||||
| 4270 | |||||||||||
| 4271 | |||||||||||
| 4272 | |||||||||||
| 4273 | |||||||||||
| 4274 | |||||||||||
| 4275 | |||||||||||
| 4276 | |||||||||||
| 4277 | |||||||||||
| 4278 | |||||||||||
| 4279 | |||||||||||
| 4280 | |||||||||||
| 4281 | |||||||||||
| 4282 | |||||||||||
| 4283 | |||||||||||
| 4284 | |||||||||||
| 4285 | |||||||||||
| 4286 | |||||||||||
| 4287 | |||||||||||
| 4288 | |||||||||||
| 4289 | |||||||||||
| 4290 |
| 4291 |
| 4292 | ||||||||
| 4293 | ||||||||
| 4294 | ||||||||
| 4295 | ||||||||
| 4296 | ||||||||
| 4297 | ||||||||
| 4298 | ||||||||
| 4299 | ||||||||
| 4300 | ||||||||
| 4301 | ||||||||
| 4302 | ||||||||
| 4303 | ||||||||
| 4304 | ||||||||
| 4305 | ||||||||
| 4306 | ||||||||
| 4307 | ||||||||
| 4308 | ||||||||
| 4309 | ||||||||
| 4310 |
| | 4311 |
| includes July 1, | 4312 |
| in accordance with schedule E-1 for step seven only shall be paid | 4313 |
| a salary or wage in accordance with the following schedule of | 4314 |
| rates: | 4315 |
| Schedule E-1 for Step Seven Only | 4316 |
| 4317 |
| Range | 4318 | |||||||
| 4319 | ||||||||
| 4320 | ||||||||
| 4321 | ||||||||
| 4322 | ||||||||
| 4323 | ||||||||
| 4324 | ||||||||
| 4325 | ||||||||
| 4326 | ||||||||
| 4327 | ||||||||
| 4328 | ||||||||
| 4329 | ||||||||
| 4330 | ||||||||
| 4331 | ||||||||
| 4332 |
| | 4333 |
| 4334 | |
| 4335 | |
| 4336 |
| 4337 |
| 4338 |
| 4339 | ||||||||
| 4340 | ||||||||
| 4341 | ||||||||
| 4342 | ||||||||
| 4343 | ||||||||
| 4344 | ||||||||
| 4345 | ||||||||
| 4346 | ||||||||
| 4347 | ||||||||
| 4348 | ||||||||
| 4349 | ||||||||
| 4350 | ||||||||
| 4351 | ||||||||
| 4352 | ||||||||
| 4353 |
| 12 | Hourly | 29.68 | 4354 | |||||
| Annually | 61734 | 4355 | ||||||
| 13 | Hourly | 32.66 | 4356 | |||||
| Annually | 67933 | 4357 | ||||||
| 14 | Hourly | 36.01 | 4358 | |||||
| Annually | 74901 | 4359 | ||||||
| 15 | Hourly | 39.61 | 4360 | |||||
| Annually | 82389 | 4361 | ||||||
| 16 | Hourly | 43.70 | 4362 | |||||
| Annually | 90896 | 4363 | ||||||
| 17 | Hourly | 48.13 | 4364 | |||||
| Annually | 100110 | 4365 | ||||||
| 18 | Hourly | 53.02 | 4366 | |||||
| Annually | 110282 | 4367 |
| | 4368 |
| permanent full-time or permanent part-time employee paid directly | 4369 |
|
by warrant of the | 4370 |
| management whose position is included in the job classification | 4371 |
| plan established under division (A) of section 124.14 of the | 4372 |
| Revised Code but who is not considered a public employee for the | 4373 |
| purposes of Chapter 4117. of the Revised Code. As used in this | 4374 |
| section, "exempt employee" also includes a permanent full-time or | 4375 |
| permanent part-time employee of the secretary of state, auditor of | 4376 |
| state, treasurer of state, or attorney general who has not been | 4377 |
| placed in an appropriate bargaining unit by the state employment | 4378 |
| relations board. | 4379 |
| Sec. 124.18. (A) Forty hours shall be the standard work week | 4380 |
| for all employees whose salary or wage is paid in whole or in part | 4381 |
| by the state or by any state-supported college or university. When | 4382 |
| any employee whose salary or wage is paid in whole or in part by | 4383 |
| the state or by any state-supported college or university is | 4384 |
| required by an authorized administrative authority to be in an | 4385 |
| active pay status more than forty hours in any calendar week, the | 4386 |
| employee shall be compensated for such time over forty hours, | 4387 |
| except as otherwise provided in this section, at one and one-half | 4388 |
| times the employee's regular rate of pay. The use of sick leave or | 4389 |
| any leave used in lieu of sick leave shall not be considered to be | 4390 |
| active pay status for the purposes of earning overtime or | 4391 |
| compensatory time by employees whose wages are paid directly by | 4392 |
| warrant of the | 4393 |
| A flexible-hours employee is not entitled to compensation for | 4394 |
| overtime work unless the employee's authorized administrative | 4395 |
| authority required the employee to be in active pay status for | 4396 |
| more than forty hours in a calendar week, regardless of the number | 4397 |
| of hours the employee works on any day in the same calendar week. | 4398 |
| Such compensation for overtime work shall be paid no later | 4399 |
| than at the conclusion of the next succeeding pay period. | 4400 |
| If the employee elects to take compensatory time off in lieu | 4401 |
| of overtime pay for any overtime worked, such compensatory time | 4402 |
| shall be granted by the employee's administrative superior, on a | 4403 |
| time and one-half basis, at a time mutually convenient to the | 4404 |
| employee
and the administrative superior. | 4405 |
| not available for use until it appears on the employee's earning | 4406 |
| statement and the compensation described in the earning statement | 4407 |
| is available to the employee. | 4408 |
| An employee may accrue compensatory time to a maximum of two | 4409 |
| hundred forty hours, except that public safety employees and other | 4410 |
| employees who meet the criteria established in the "Federal Fair | 4411 |
| Labor Standards Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, | 4412 |
| as amended, may accrue a maximum of four hundred eighty hours of | 4413 |
| compensatory time. An employee shall be paid at the employee's | 4414 |
| regular rate of pay for any hours of compensatory time accrued in | 4415 |
| excess of these maximum amounts if the employee has not used the | 4416 |
| compensatory time within one hundred eighty days after it is | 4417 |
| granted, if the employee transfers to another agency of the state, | 4418 |
| or if a change in the employee's status exempts the employee from | 4419 |
| the payment of overtime compensation. Upon the termination of | 4420 |
| employment, any employee with accrued but unused compensatory time | 4421 |
| shall be paid for that time at a rate that is the greater of the | 4422 |
| employee's final regular rate of pay or the employee's average | 4423 |
| regular rate of pay during the employee's last three years of | 4424 |
| employment with the state. | 4425 |
| No overtime, as described in this section, can be paid unless | 4426 |
| it has been authorized by the authorized administrative authority. | 4427 |
| Employees may be exempted from the payment of compensation as | 4428 |
| required by this section only under the criteria for exemption | 4429 |
| from the payment of overtime compensation established in the | 4430 |
| "Federal Fair Labor Standards Act of 1938," 52 Stat. 1060, 29 | 4431 |
| U.S.C.A. 207, 213, as amended. With the approval of the director | 4432 |
| of administrative services, the appointing authority may establish | 4433 |
| a policy to grant compensatory time or to pay compensation to | 4434 |
| state employees who are exempt from overtime compensation. With | 4435 |
| the approval of the board of county commissioners, a county human | 4436 |
| services department may establish a policy to grant compensatory | 4437 |
| time or to pay compensation to employees of the department who are | 4438 |
| exempt from overtime compensation. | 4439 |
| (B)(1) An employee, whose salary or wage is paid in whole or | 4440 |
| in part by the state, shall be paid for the holidays declared in | 4441 |
| section 124.19 of the Revised Code and shall not be required to | 4442 |
| work on those holidays, unless, in the opinion of the employee's | 4443 |
| responsible administrative authority, failure to work on those | 4444 |
| holidays would impair the public service. An employee paid | 4445 |
| directly by
warrant of the | 4446 |
| management who is scheduled to work on a holiday and who does not | 4447 |
| report to work the day before, the day of, or the day after the | 4448 |
| holiday due to an illness of the employee or of a member of the | 4449 |
| employee's immediate family shall not receive holiday pay as | 4450 |
| provided by this division, unless the employee can provide | 4451 |
| documentation of extenuating circumstances that prohibited the | 4452 |
| employee from so reporting to work. An employee also shall not be | 4453 |
| paid for a holiday unless the employee was in active pay status on | 4454 |
| the scheduled work day immediately preceding the holiday. | 4455 |
| (2) If any of the holidays declared in section 124.19 of the | 4456 |
| Revised Code falls on Saturday, the Friday immediately preceding | 4457 |
| shall be observed as the holiday. If any of the holidays declared | 4458 |
| in section 124.19 of the Revised Code falls on Sunday, the Monday | 4459 |
| immediately succeeding shall be observed as the holiday. Employees | 4460 |
| whose work schedules are based on the requirements of a | 4461 |
| seven-days-a-week work operation shall observe holidays on the | 4462 |
| actual days specified in section 124.19 of the Revised Code. | 4463 |
| (3) If an employee's work schedule is other than Monday | 4464 |
| through Friday, the employee shall be entitled to eight hours of | 4465 |
| holiday pay for holidays observed on the employee's day off | 4466 |
| regardless
of the day of the
week on which they are observed. | 4467 |
| (4) A full-time permanent employee is entitled to a minimum | 4468 |
| of eight hours of pay for each holiday regardless of the | 4469 |
| employee's work shift and work schedule. A flexible-hours employee | 4470 |
| 4471 | |
| 4472 | |
| normally scheduled to work in excess of eight hours on a day on | 4473 |
| which a holiday falls, either shall be required to work an | 4474 |
| alternate schedule for that week or shall receive additional | 4475 |
| holiday pay for the hours the employee is normally scheduled to | 4476 |
| work. Such an alternate schedule may require a flexible-hours | 4477 |
| employee to work five shifts consisting of eight hours each during | 4478 |
| the week including the holiday, and, in that case, the employee | 4479 |
| shall receive eight hours of holiday pay for the day the holiday | 4480 |
| is observed. | 4481 |
| (5) Part-time permanent
employees shall | 4482 |
| holiday pay | 4483 |
| 4484 | |
| upon the daily average of actual hours worked, excluding overtime | 4485 |
| hours worked, in the previous calendar quarter. The figure shall | 4486 |
| be calculated for the preceding calendar quarter on the first day | 4487 |
| of January, April, July, and October of each year. | 4488 |
| (6) When an employee who is eligible for overtime pay under | 4489 |
| this section is required by the employee's responsible | 4490 |
| administrative authority to work on the day observed as a holiday, | 4491 |
| the employee shall be entitled to pay for such time worked at one | 4492 |
| and one-half times the employee's regular rate of pay in addition | 4493 |
| to the employee's regular pay, or to be granted compensatory time | 4494 |
| off at time and one-half thereafter, at the employee's option. | 4495 |
| Payment at such rate shall be excluded in the calculation of hours | 4496 |
| in active pay status. | 4497 |
| (C) Each appointing authority may designate the number of | 4498 |
| employees in an agency who are flexible-hours employees. The | 4499 |
| appointing authority may establish for each flexible-hours | 4500 |
| employee a specified minimum number of hours to be worked each day | 4501 |
| that is consistent with the "Federal Fair Labor Standards Act of | 4502 |
| 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended. | 4503 |
| (D) This section shall be uniformly administered for | 4504 |
| employees as defined in section 124.01 of the Revised Code and by | 4505 |
| the personnel departments of state-supported colleges and | 4506 |
| universities for employees of state-supported colleges and | 4507 |
| universities. If employees are not paid directly by warrant of the | 4508 |
| 4509 | |
| subdivision shall determine whether the use of sick leave shall be | 4510 |
| considered to be active pay status for purposes of those employees | 4511 |
| earning overtime or compensatory time. | 4512 |
| (E) Policies relating to the payment of overtime pay or the | 4513 |
| granting of compensatory time off shall be adopted by the chief | 4514 |
| administrative officer of the house of representatives for | 4515 |
| employees of the house of representatives, by the clerk of the | 4516 |
| senate for employees of the senate, and by the director of the | 4517 |
| legislative service commission for all other legislative | 4518 |
| employees. | 4519 |
| (F) As used in this section, "regular rate of pay" means the | 4520 |
| base rate of pay an employee receives plus any pay supplements | 4521 |
| received pursuant to section 124.181 of the Revised Code. | 4522 |
| Sec. 124.181. (A) Except as provided in division (M) of this | 4523 |
| section, any employee paid in accordance with schedule B of | 4524 |
| section 124.15 or schedule E-1 or schedule E-1 for step seven only | 4525 |
| of section 124.152 of the Revised Code is eligible for the pay | 4526 |
| supplements provided in this section upon application by the | 4527 |
| appointing authority substantiating the employee's qualifications | 4528 |
| for the supplement and with the approval of the director of | 4529 |
| administrative services except as provided in division (E) of this | 4530 |
| section. | 4531 |
| (B)(1) Except as provided in section 124.183 of the Revised | 4532 |
| Code, in computing any of the pay supplements provided in this | 4533 |
| section for an employee paid in accordance with schedule B of | 4534 |
| section 124.15 of the Revised Code, the classification salary base | 4535 |
| shall be the minimum hourly rate of the pay range, provided in | 4536 |
| that section, in which the employee is assigned at the time of | 4537 |
| computation. | 4538 |
| (2) Except as provided in section 124.183 of the Revised | 4539 |
| Code, in computing any of the pay supplements provided in this | 4540 |
| section for an employee paid in accordance with schedule E-1 of | 4541 |
| section 124.152 of the Revised Code, the classification salary | 4542 |
| base shall be the minimum hourly rate of the pay range, provided | 4543 |
| in that section, in which the employee is assigned at the time of | 4544 |
| computation. | 4545 |
| (3) Except as provided in section 124.183 of the Revised | 4546 |
| Code, in computing any of the pay supplements provided in this | 4547 |
| section for an employee paid in accordance with schedule E-1 for | 4548 |
| step seven only of section 124.152 of the Revised Code, the | 4549 |
| classification salary base shall be the minimum hourly rate in the | 4550 |
| corresponding pay range, provided in schedule E-1 of that section, | 4551 |
| to which the employee is assigned at the time of the computation. | 4552 |
| (C) The effective date of any pay supplement, except as | 4553 |
| provided in section 124.183 of the Revised Code or unless | 4554 |
| otherwise provided in this section, shall be determined by the | 4555 |
| director. | 4556 |
| (D) The director shall, by rule, establish standards | 4557 |
| regarding the administration of this section. | 4558 |
| (E)(1) Except as otherwise provided in this division, | 4559 |
| beginning on the first day of the pay period within which the | 4560 |
| employee completes five years of total service with the state | 4561 |
| government or any of its political subdivisions, each employee in | 4562 |
| positions paid in accordance with schedule B of section 124.15 of | 4563 |
| the Revised Code or in accordance with schedule E-1 or schedule | 4564 |
| E-1 for step seven only of section 124.152 of the Revised Code | 4565 |
| shall receive an automatic salary adjustment equivalent to two and | 4566 |
| one-half per cent of the classification salary base, to the | 4567 |
| nearest whole cent. Each employee shall receive thereafter an | 4568 |
| annual adjustment equivalent to one-half of one per cent of the | 4569 |
| employee's classification salary base, to the nearest whole cent, | 4570 |
| for each additional year of qualified employment until a maximum | 4571 |
| of ten per cent of the employee's classification salary base is | 4572 |
| reached. The granting of longevity adjustments shall not be | 4573 |
| affected by promotion, demotion, or other changes in | 4574 |
| classification held by the employee, nor by any change in pay | 4575 |
| range for the employee's class or grade. Longevity pay adjustments | 4576 |
| shall become effective at the beginning of the pay period within | 4577 |
| which the employee completes the necessary length of service, | 4578 |
| except that when an employee requests credit for prior service, | 4579 |
| the effective date of the prior service credit and of any | 4580 |
| longevity adjustment shall be the first day of the pay period | 4581 |
| following approval of the credit by the director of administrative | 4582 |
| services. No employee, other than an employee who submits proof of | 4583 |
| prior service within ninety days after the date of the employee's | 4584 |
| hiring, shall receive any longevity adjustment for the period | 4585 |
| prior to the director's approval of a prior service credit. Time | 4586 |
| spent on authorized leave of absence shall be counted for this | 4587 |
| purpose. | 4588 |
| (2) An employee who has retired in accordance with the | 4589 |
| provisions of any retirement system offered by the state and who | 4590 |
| is employed by the state or any political subdivision of the state | 4591 |
| on or after June 24, 1987, shall not have prior service with the | 4592 |
| state or any political subdivision of the state counted for the | 4593 |
| purpose of determining the amount of the salary adjustment | 4594 |
| provided under this division. | 4595 |
| (3) There shall be a moratorium on employees' receipt under | 4596 |
| this division of credit for service with the state government or | 4597 |
| any of its political subdivisions during the period from July 1, | 4598 |
| 2003, through June 30, 2005. In calculating the number of years of | 4599 |
| total service under this division, no credit shall be included for | 4600 |
| service during the moratorium. The moratorium shall apply to the | 4601 |
| employees of the secretary of state, the auditor of state, the | 4602 |
| treasurer of state, and the attorney general, who are subject to | 4603 |
| this section unless the secretary of state, the auditor of state, | 4604 |
| the treasurer of state, or the attorney general decides to exempt | 4605 |
| the office's employees from the moratorium and so notifies the | 4606 |
| director of administrative services in writing on or before July | 4607 |
| 1, 2003. | 4608 |
| If an employee is exempt from the moratorium, receives credit | 4609 |
| for a period of service during the moratorium, and takes a | 4610 |
| position with another entity in the state government or any of its | 4611 |
| political subdivisions, either during or after the moratorium, and | 4612 |
| if that entity's employees are or were subject to the moratorium, | 4613 |
| the employee shall continue to retain the credit. However, if the | 4614 |
| moratorium is in effect upon the taking of the new position, the | 4615 |
| employee shall cease receiving additional credit as long as the | 4616 |
| employee is in the position, until the moratorium expires. | 4617 |
| (F) When an exceptional condition exists that creates a | 4618 |
| temporary or a permanent hazard for one or more positions in a | 4619 |
| class paid in accordance with schedule B of section 124.15 of the | 4620 |
| Revised Code or in accordance with schedule E-1 or schedule E-1 | 4621 |
| for step seven only of section 124.152 of the Revised Code, a | 4622 |
| special hazard salary adjustment may be granted for the time the | 4623 |
| employee is subjected to the hazardous condition. All special | 4624 |
| hazard conditions shall be identified for each position and | 4625 |
| incidence from information submitted to the director on an | 4626 |
| appropriate form provided by the director and categorized into | 4627 |
| standard conditions of: some unusual hazard not common to the | 4628 |
| class; considerable unusual hazard not common to the class; and | 4629 |
| exceptional hazard not common to the class. | 4630 |
| (1) A hazardous salary adjustment of five per cent of the | 4631 |
| employee's classification salary base may be applied in the case | 4632 |
| of some unusual hazardous condition not common to the class for | 4633 |
| those hours worked, or a fraction of those hours worked, while the | 4634 |
| employee was subject to the unusual hazard condition. | 4635 |
| (2) A hazardous salary adjustment of seven and one-half per | 4636 |
| cent of the employee's classification salary base may be applied | 4637 |
| in the case of some considerable hazardous condition not common to | 4638 |
| the class for those hours worked, or a fraction of those hours | 4639 |
| worked, while the employee was subject to the considerable hazard | 4640 |
| condition. | 4641 |
| (3) A hazardous salary adjustment of ten per cent of the | 4642 |
| employee's classification salary base may be applied in the case | 4643 |
| of some exceptional hazardous condition not common to the class | 4644 |
| for those hours worked, or a fraction of those hours worked, when | 4645 |
| the employee was subject to the exceptional hazard condition. | 4646 |
| (4) Each claim for temporary hazard pay shall be submitted as | 4647 |
| a separate payment and shall be subject to an administrative audit | 4648 |
| by the director as to the extent and duration of the employee's | 4649 |
| exposure to the hazardous condition. | 4650 |
| (G) When a full-time employee whose salary or wage is paid | 4651 |
|
directly by warrant of the | 4652 |
| management and who also is eligible for overtime under the "Fair | 4653 |
| Labor Standards Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, | 4654 |
| as amended, is ordered by the appointing authority to report back | 4655 |
| to work after termination of the employee's regular work schedule | 4656 |
| and the employee reports, the employee shall be paid for such | 4657 |
| time. The employee shall be entitled to four hours at the | 4658 |
| employee's total rate of pay or overtime compensation for the | 4659 |
| actual hours worked, whichever is greater. This division does not | 4660 |
| apply to work that is a continuation of or immediately preceding | 4661 |
| an employee's regular work schedule. | 4662 |
| (H) When a certain position or positions paid in accordance | 4663 |
| with schedule B of section 124.15 of the Revised Code or in | 4664 |
| accordance with schedule E-1 or schedule E-1 for step seven only | 4665 |
| of section 124.152 of the Revised Code require the ability to | 4666 |
| speak or write a language other than English, a special pay | 4667 |
| supplement may be granted to attract bilingual individuals, to | 4668 |
| encourage present employees to become proficient in other | 4669 |
| languages, or to retain qualified bilingual employees. The | 4670 |
| bilingual pay supplement provided in this division may be granted | 4671 |
| in the amount of five per cent of the employee's classification | 4672 |
| salary base for each required foreign language and shall remain in | 4673 |
| effect as long as the bilingual requirement exists. | 4674 |
| (I) The director of administrative services may establish a | 4675 |
| shift differential for employees. The differential shall be paid | 4676 |
| to employees in positions working in other than the regular or | 4677 |
| first shift. In those divisions or agencies where only one shift | 4678 |
| prevails, no shift differential shall be paid regardless of the | 4679 |
| hours of the day that are worked. The director and the appointing | 4680 |
| authority shall designate which positions shall be covered by this | 4681 |
| division. | 4682 |
| (J) Whenever an employee is assigned to work in a higher | 4683 |
| level position for a continuous period of more than two weeks but | 4684 |
| no more than two years because of a vacancy, the employee's pay | 4685 |
| may be established at a rate that is approximately four per cent | 4686 |
| above the employee's current base rate for the period the employee | 4687 |
| occupies the position, provided that this temporary occupancy is | 4688 |
| approved by the director. Employees paid under this division shall | 4689 |
| continue to receive any of the pay supplements due them under | 4690 |
| other divisions of this section based on the step one base rate | 4691 |
| for their normal classification. | 4692 |
| (K) If a certain position, or positions, within a class paid | 4693 |
| in accordance with schedule B of section 124.15 of the Revised | 4694 |
| Code or in accordance with schedule E-1 or schedule E-1 for step | 4695 |
| seven only of section 124.152 of the Revised Code are mandated by | 4696 |
| state or federal law or regulation or other regulatory agency or | 4697 |
| other certification authority to have special technical | 4698 |
| certification, registration, or licensing to perform the functions | 4699 |
| which are under the mandate, a special professional achievement | 4700 |
| pay supplement may be granted. This special professional | 4701 |
| achievement pay supplement shall not be granted when all | 4702 |
| incumbents in all positions in a class require a license as | 4703 |
| provided in the classification description published by the | 4704 |
| department of administrative services; to licensees where no | 4705 |
| special or extensive training is required; when certification is | 4706 |
| granted upon completion of a stipulated term of in-service | 4707 |
| training; when an appointing authority has required certification; | 4708 |
| or any other condition prescribed by the director. | 4709 |
| (1) Before this supplement may be applied, evidence as to the | 4710 |
| requirement must be provided by the agency for each position | 4711 |
| involved, and certification must be received from the director as | 4712 |
| to the director's concurrence for each of the positions so | 4713 |
| affected. | 4714 |
| (2) The professional achievement pay supplement provided in | 4715 |
| this division shall be granted in an amount up to ten per cent of | 4716 |
| the employee's classification salary base and shall remain in | 4717 |
| effect as long as the mandate exists. | 4718 |
| (L) Those employees assigned to teaching supervisory, | 4719 |
| principal, assistant principal, or superintendent positions who | 4720 |
| have attained a higher educational level than a basic bachelor's | 4721 |
| degree may receive an educational pay supplement to remain in | 4722 |
| effect as long as the employee's assignment and classification | 4723 |
| remain the same. | 4724 |
| (1) An educational pay supplement of two and one-half per | 4725 |
| cent of the employee's classification salary base may be applied | 4726 |
| upon the achievement of a bachelor's degree plus twenty quarter | 4727 |
| hours of postgraduate work. | 4728 |
| (2) An educational pay supplement of an additional five per | 4729 |
| cent of the employee's classification salary base may be applied | 4730 |
| upon achievement of a master's degree. | 4731 |
| (3) An educational pay supplement of an additional two and | 4732 |
| one-half per cent of the employee's classification salary base may | 4733 |
| be applied upon achievement of a master's degree plus thirty | 4734 |
| quarter hours of postgraduate work. | 4735 |
| (4) An educational pay supplement of five per cent of the | 4736 |
| employee's classification salary base may be applied when the | 4737 |
| employee is performing as a master teacher. | 4738 |
| (5) An educational pay supplement of five per cent of the | 4739 |
| employee's classification salary base may be applied when the | 4740 |
| employee is performing as a special education teacher. | 4741 |
| (6) Those employees in teaching supervisory, principal, | 4742 |
| assistant principal, or superintendent positions who are | 4743 |
| responsible for specific extracurricular activity programs shall | 4744 |
| receive overtime pay for those hours worked in excess of their | 4745 |
| normal schedule, at their straight time hourly rate up to a | 4746 |
| maximum of five per cent of their regular base salary in any | 4747 |
| calendar year. | 4748 |
| (M)(1) A state agency, board, or commission may establish a | 4749 |
| supplementary compensation schedule for those licensed physicians | 4750 |
| employed by the agency, board, or commission in positions | 4751 |
| requiring a licensed physician. The supplementary compensation | 4752 |
| schedule, together with the compensation otherwise authorized by | 4753 |
| this chapter, shall provide for the total compensation for these | 4754 |
| employees to range appropriately, but not necessarily uniformly, | 4755 |
| for each classification title requiring a licensed physician, in | 4756 |
| accordance with a schedule approved by the state controlling | 4757 |
| board. The individual salary levels recommended for each such | 4758 |
| physician employed shall be approved by the director. | 4759 |
| Notwithstanding section 124.11 of the Revised Code, such personnel | 4760 |
| are in the unclassified civil service. | 4761 |
| (2) The director of administrative services may approve | 4762 |
| supplementary compensation for the director of health, if the | 4763 |
| director is a licensed physician, in accordance with a | 4764 |
| supplementary compensation schedule approved under division (M)(1) | 4765 |
| of this section or in accordance with another supplementary | 4766 |
| compensation schedule the director of administrative services | 4767 |
| considers appropriate. The supplementary compensation shall not | 4768 |
| exceed twenty per cent of the director of health's base rate of | 4769 |
| pay. | 4770 |
| (N) Notwithstanding sections 117.28, 117.30, 117.33, 117.36, | 4771 |
| 117.42, and 131.02 of the Revised Code, the state shall not | 4772 |
| institute any civil action to recover and shall not seek | 4773 |
| reimbursement for overpayments made in violation of division (E) | 4774 |
| of this section or division (C) of section 9.44 of the Revised | 4775 |
| Code for the period starting after June 24, 1987, and ending on | 4776 |
| October 31, 1993. | 4777 |
| (O) Employees of the office of the treasurer of state who are | 4778 |
| exempt from collective bargaining coverage may be granted a merit | 4779 |
| pay supplement of up to one and one-half per cent of their step | 4780 |
| rate. The rate at which this supplement is granted shall be based | 4781 |
| on performance standards established by the treasurer of state. | 4782 |
| Any supplements granted under this division shall be administered | 4783 |
| on an annual basis. | 4784 |
| Sec. 124.182. (A) There is hereby created in the state | 4785 |
| treasury the professional development fund. The director of | 4786 |
| administrative services shall use moneys credited to the fund to | 4787 |
| pay for programs that provide professional development | 4788 |
| opportunities for employees who are exempt from collective | 4789 |
|
bargaining coverage and paid by warrant of the | 4790 |
| director of budget and management. The director of administrative | 4791 |
| services shall identify by rule adopted under Chapter 119. of the | 4792 |
| Revised Code programs for which payments from the fund shall be | 4793 |
| made. The fund also shall be used to pay any direct and indirect | 4794 |
| costs that are attributable to consultants or a third-party | 4795 |
| administrator and that are necessary to administer this section. | 4796 |
| All investment earnings of the fund shall be credited to it. | 4797 |
| (B) The director of administrative services, in consultation | 4798 |
| with the director of budget and management, shall determine a rate | 4799 |
| at which the payrolls of all participating state agencies with | 4800 |
| employees paid by warrant of
the | 4801 |
| budget and management shall be charged each pay period that is | 4802 |
| sufficient to cover the costs of administering the programs paid | 4803 |
| for with the moneys credited to the professional development fund. | 4804 |
| The rate shall be based on the total number of those employees and | 4805 |
| may be adjusted as the director of administrative services, in | 4806 |
| consultation with the director of budget and management, considers | 4807 |
| necessary. All moneys collected from the charge shall be credited | 4808 |
| to the professional development fund. | 4809 |
| (C) If the director of administrative services determines | 4810 |
| that additional appropriation amounts are necessary, the director | 4811 |
| may request that the director of budget and management increase | 4812 |
| the appropriation amounts. The additional appropriation amounts | 4813 |
| are hereby appropriated. | 4814 |
| Sec. 124.321. (A) Whenever it becomes necessary for an | 4815 |
| appointing authority to reduce its work force, the appointing | 4816 |
| authority shall lay off employees or abolish their positions in | 4817 |
| accordance with sections 124.321 to 124.327 of the Revised Code | 4818 |
| and the rules of the director of administrative services. | 4819 |
| (B)(1) Employees may be laid off as a result of a lack of | 4820 |
| funds within an appointing authority. For appointing authorities | 4821 |
| that employ persons whose salary or wage is paid by warrant of the | 4822 |
| 4823 | |
| of budget and management shall be responsible for determining | 4824 |
| whether a lack of funds exists. For appointing authorities that | 4825 |
| employ persons whose salary or wage is paid other than by warrant | 4826 |
| of the | 4827 |
| appointing authority itself shall determine whether a lack of | 4828 |
| funds exists and shall file a statement of rationale and | 4829 |
| supporting documentation with the director of administrative | 4830 |
| services prior to sending the layoff notice. | 4831 |
| (2) As used in this division, a "lack of funds" means an | 4832 |
| appointing authority has a current or projected deficiency of | 4833 |
| funding to maintain current, or to sustain projected, levels of | 4834 |
| staffing and operations. This section does not require any | 4835 |
| transfer of money between funds in order to offset a deficiency or | 4836 |
| projected deficiency of federal funding for a program. | 4837 |
| (3) The director of budget and management shall adopt rules, | 4838 |
| under Chapter 119. of the Revised Code, for agencies whose | 4839 |
|
employees are paid by warrant of the | 4840 |
| budget and management, for determining whether a lack of funds | 4841 |
| exists. | 4842 |
| (C)(1) Employees may be laid off as a result of lack of work | 4843 |
| within an appointing authority. For appointing authorities whose | 4844 |
|
employees are paid by warrant of the | 4845 |
| budget and management, the director of administrative services | 4846 |
| shall determine whether a lack of work exists. All other | 4847 |
| appointing authorities shall themselves determine whether a lack | 4848 |
| of work exists and shall file a statement of rationale and | 4849 |
| supporting documentation with the director of administrative | 4850 |
| services prior to sending the layoff notice. | 4851 |
| (2) As used in this division, a "lack of work" means an | 4852 |
| appointing authority has a current or projected temporary decrease | 4853 |
| in the workload, expected to last less than one year, that | 4854 |
| requires a reduction of current or projected staffing levels. The | 4855 |
| determination of a lack of work shall indicate the current or | 4856 |
| projected temporary decrease in the workload of an appointing | 4857 |
| authority and whether the current or projected staffing levels of | 4858 |
| the appointing authority will be excessive. | 4859 |
| (D)(1) Employees may be laid off as a result of abolishment | 4860 |
| of positions. As used in this division, "abolishment" means the | 4861 |
| deletion of a position or positions from the organization or | 4862 |
| structure of an appointing authority. | 4863 |
| For purposes of this division, an appointing authority may | 4864 |
| abolish positions for any one or any combination of the following | 4865 |
| reasons: as a result of a reorganization for the efficient | 4866 |
| operation of the appointing authority, for reasons of economy, or | 4867 |
| for lack of work. | 4868 |
| (2)(a) Reasons of economy permitting an appointing authority | 4869 |
| to abolish a position and to lay off the holder of that position | 4870 |
| under this division shall be determined at the time the appointing | 4871 |
| authority proposes to abolish the position. The reasons of economy | 4872 |
| shall be based on the appointing authority's estimated amount of | 4873 |
| savings with respect to salary, benefits, and other matters | 4874 |
| associated with the abolishment of the position, except that the | 4875 |
| reasons of economy associated with the position's abolishment | 4876 |
| instead may be based on the appointing authority's estimated | 4877 |
| amount of savings with respect to salary and benefits only, if: | 4878 |
| (i) Either the appointing authority's operating appropriation | 4879 |
| has been reduced by an executive or legislative action, or the | 4880 |
| appointing authority has a current or projected deficiency in | 4881 |
| funding to maintain current or projected levels of staffing and | 4882 |
| operations; and | 4883 |
| (ii) It files a notice of the position's abolishment with the | 4884 |
| director of administrative services within one year of the | 4885 |
| occurrence of the applicable circumstance described in division | 4886 |
| (D)(2)(a)(i) of this section. | 4887 |
| (b) The following principles apply when a circumstance | 4888 |
| described in division (D)(2)(a)(i) of this section would serve to | 4889 |
| authorize an appointing authority to abolish a position and to lay | 4890 |
| off the holder of the position under this division based on the | 4891 |
| appointing authority's estimated amount of savings with respect to | 4892 |
| salary and benefits only: | 4893 |
| (i) The position's abolishment shall be done in good faith | 4894 |
| and not as a subterfuge for discipline. | 4895 |
| (ii) If a circumstance affects a specific program only, the | 4896 |
| appointing authority only may abolish a position within that | 4897 |
| program. | 4898 |
| (iii) If a circumstance does not affect a specific program | 4899 |
| only, the appointing authority may identify a position that it | 4900 |
| considers appropriate for abolishment based on the reasons of | 4901 |
| economy. | 4902 |
| (3) Each appointing authority shall determine itself whether | 4903 |
| any position should be abolished and shall file a statement of | 4904 |
| rationale and supporting documentation with the director of | 4905 |
| administrative services prior to sending the notice of | 4906 |
| abolishment. | 4907 |
| If an abolishment results in a reduction of the work force, | 4908 |
| the appointing authority shall follow the procedures for laying | 4909 |
| off employees, subject to the following modifications: | 4910 |
| (a) The employee whose position has been abolished shall have | 4911 |
| the right to fill an available vacancy within the employee's | 4912 |
| classification. | 4913 |
| (b) If the employee whose position has been abolished has | 4914 |
| more retention points than any other employee serving in the same | 4915 |
| classification, the employee with the fewest retention points | 4916 |
| shall be displaced. | 4917 |
| (c) If the employee whose position has been abolished has the | 4918 |
| fewest retention points in the classification, the employee shall | 4919 |
| have the right to fill an available vacancy in a lower | 4920 |
| classification in the classification series. | 4921 |
| (d) If the employee whose position has been abolished has the | 4922 |
| fewest retention points in the classification, the employee shall | 4923 |
| displace the employee with the fewest retention points in the next | 4924 |
| or successively lower classification in the classification series. | 4925 |
| (E) Notwithstanding any contrary provision of the | 4926 |
| displacement procedure described in section 124.324 of the Revised | 4927 |
| Code for employees to displace other employees during a layoff, | 4928 |
| the director of administrative services may establish a paper | 4929 |
| lay-off process under which employees who are to be laid off or | 4930 |
| displaced may be required, before the date of their paper layoff, | 4931 |
| to preselect their options for displacing other employees. | 4932 |
| (F) The director of administrative services shall adopt rules | 4933 |
| under Chapter 119. of the Revised Code for the determination of | 4934 |
| lack of work within an appointing authority, for the abolishment | 4935 |
| of positions by an appointing authority, and for the | 4936 |
| implementation of this section. | 4937 |
| Sec. 124.324. (A) A laid-off employee has the right to | 4938 |
| displace the employee with the fewest retention points in the | 4939 |
| classification from which the employee was laid off or in a lower | 4940 |
| or equivalent classification, in the following order: | 4941 |
| (1) Within the classification from which the employee was | 4942 |
| laid off; | 4943 |
| (2) Within the classification series from which the employee | 4944 |
| was laid off; | 4945 |
| (3) Within a classification | 4946 |
| similar duties as the classification from which the employee was | 4947 |
| laid off, in accordance with the list published by the director of | 4948 |
| administrative services under division (B)(2) of section 124.311 | 4949 |
| of the Revised Code; | 4950 |
| (4) Within the classification the employee held immediately | 4951 |
| prior to holding the classification from which the employee was | 4952 |
| laid off. | 4953 |
| Divisions (A)(3) and (4) of this section shall not apply to | 4954 |
| employees of cities, city health districts, and counties, except | 4955 |
| for employees of county departments of job and family services. | 4956 |
| A laid-off employee in the classified service has the right | 4957 |
| to displace an employee with the fewest retention points in the | 4958 |
| classification that the laid-off employee held immediately prior | 4959 |
| to holding the classification from which the employee was laid | 4960 |
| off, if the laid-off employee was certified in the former | 4961 |
| classification. If a position in that classification does not | 4962 |
| exist, | 4963 |
| classification that the employee next previously held, and so on, | 4964 |
| subject to the same provisions. The employee may not displace | 4965 |
| employees in a classification if the employee does not meet the | 4966 |
| minimum qualifications of the
classification | 4967 |
| held the classification more than five years prior to the date on | 4968 |
| which the employee was laid off, except that failure to meet | 4969 |
| minimum qualifications shall not prevent the employee from | 4970 |
| displacing employees in the classification that the employee next | 4971 |
| previously held within that five-year period. | 4972 |
| If, after exercising displacement rights, an employee is | 4973 |
| subject to further layoff action, the employee's displacement | 4974 |
| rights shall be in accordance with the classification from which | 4975 |
| the employee was first laid off. | 4976 |
| The director shall verify the calculation of the retention | 4977 |
| points of all employees in an affected classification in | 4978 |
| accordance with section 124.325 of the Revised Code. | 4979 |
| (B) Following the order of layoff, an employee laid off in | 4980 |
| the classified civil service shall displace another employee | 4981 |
| within the same appointing authority or independent institution | 4982 |
| and layoff jurisdiction in the following manner: | 4983 |
| (1) Each laid-off employee possessing more retention points | 4984 |
| shall displace the employee with the fewest retention points in | 4985 |
| the next lower classification or successively lower classification | 4986 |
| in the same classification series | 4987 |
| provisional employee shall not have the right to displace a | 4988 |
| certified employee | 4989 |
| (2) Any employee displaced by an employee possessing more | 4990 |
| retention points shall displace the employee with the fewest | 4991 |
| retention points in the next lower classification or successively | 4992 |
|
lower classification in the same classification series | 4993 |
| that a displaced provisional employee shall not displace a | 4994 |
| certified employee. This process shall continue, if necessary, | 4995 |
| until the employee with the fewest retention points in the lowest | 4996 |
| classification of the classification series of the same appointing | 4997 |
| authority or independent institution has been reached and, if | 4998 |
| necessary, laid off. | 4999 |
| (C) Employees shall notify the appointing authority of their | 5000 |
| intention to exercise their displacement rights, within five days | 5001 |
| after receiving notice of layoff. This division does not apply if | 5002 |
| the director of administrative services has established a paper | 5003 |
| lay-off process pursuant to division (E) of section 124.321 of the | 5004 |
| Revised Code that includes a different notification requirement | 5005 |
| for employees exercising their displacement rights under that | 5006 |
| process. | 5007 |
| (D) No employee shall displace an employee for whose position | 5008 |
| or classification there exists special minimum qualifications, as | 5009 |
| established by a position description, by classification | 5010 |
| specifications, or by bona fide occupational qualification, unless | 5011 |
| the employee desiring to displace another employee possesses the | 5012 |
| requisite minimum qualifications for the position or | 5013 |
| classification. | 5014 |
| (E) If an employee exercising displacement rights must | 5015 |
| displace an employee in another county within the same layoff | 5016 |
| district, the displacement shall not be construed to be a | 5017 |
| transfer. | 5018 |
| (F) The director of administrative services shall
| 5019 |
| adopt rules | 5020 |
| implementation of this section. | 5021 |
| Sec. 124.327. (A) Employees who have been laid off or have, | 5022 |
|
by virtue of exercising their
| 5023 |
| been displaced to a lower classification in their classification | 5024 |
| series, shall be placed on appropriate layoff lists. Those | 5025 |
| employees with the most retention points within each category of | 5026 |
| order of layoff, as established in section 124.323 of the Revised | 5027 |
| Code, shall be placed at the top of the layoff list to be followed | 5028 |
| by employees ranked in descending total retention order. Laid-off | 5029 |
| employees shall be placed on layoff lists for each classification | 5030 |
| in the classification series equal to or lower than the | 5031 |
| classification in which the employee was employed at the time of | 5032 |
| layoff. | 5033 |
| (B) An employee who is laid off retains reinstatement rights | 5034 |
| in the agency from which the employee was laid off. Reinstatement | 5035 |
| rights continue for one year from the date of layoff. During this | 5036 |
| one-year period, in any layoff jurisdiction in which an appointing | 5037 |
| authority has an employee on a layoff list, the appointing | 5038 |
| authority shall not hire or promote anyone into a position within | 5039 |
| that classification until all laid-off persons on a layoff list | 5040 |
| for that classification who are qualified to perform the duties of | 5041 |
| the position are reinstated or decline the position when it is | 5042 |
| offered. | 5043 |
| (C) Each laid-off or displaced employee, in addition to | 5044 |
| reinstatement rights within the employee's appointing authority, | 5045 |
| shall have the right to reemployment with other agencies within | 5046 |
| the layoff jurisdiction, if the employee is qualified to perform | 5047 |
| the duties of the position, but only in the same classification | 5048 |
| from which the employee was initially laid off or displaced. | 5049 |
| Layoff lists for each appointing authority must be exhausted | 5050 |
| before jurisdictional reemployment layoff lists are used. | 5051 |
| (D) Any employee accepting or declining reinstatement to the | 5052 |
| same classification and same appointment type from which the | 5053 |
| employee was laid off or displaced shall be removed from the | 5054 |
| appointing authority's layoff list. | 5055 |
| (E) Any employee accepting or declining reemployment to the | 5056 |
| same classification and the same appointment type from which the | 5057 |
| employee was laid off or displaced shall be removed from the | 5058 |
| jurisdictional layoff list. | 5059 |
| (F) An employee who does not exercise the option to displace | 5060 |
| under section 124.324 of the Revised Code shall only be entitled | 5061 |
| to reinstatement or reemployment in the classification from which | 5062 |
| the employee was displaced or laid off. | 5063 |
| (G) An employee who declines reinstatement to a | 5064 |
| classification lower in the classification series than the | 5065 |
| classification from which the employee was laid off or displaced, | 5066 |
| shall thereafter only be entitled to reinstatement to a | 5067 |
| classification higher, up to and including the classification from | 5068 |
| which the employee was laid off or displaced, in the | 5069 |
| classification series than the classification that was declined. | 5070 |
| (H) Any employee reinstated or reemployed under this section | 5071 |
| shall not serve a probationary period upon reinstatement or | 5072 |
| reemployment except that an employee laid off during an original | 5073 |
| or promotional probationary period shall begin a new probationary | 5074 |
| period. | 5075 |
| (I) For the purposes of this section, employees whose salary | 5076 |
|
or wage is not paid directly by warrant of the | 5077 |
| director of budget and management shall be placed on layoff lists | 5078 |
| of their appointing authority only. | 5079 |
| Sec. 124.382. (A) As used in this section and sections | 5080 |
| 124.383, 124.386, 124.387, and 124.388 of the Revised Code: | 5081 |
| (1) | 5082 |
| 5083 |
| | 5084 |
| which the payroll is accumulated, as determined by the director of | 5085 |
| administrative services. | 5086 |
| | 5087 |
| an employee is eligible to receive pay, and includes, but is not | 5088 |
| limited to, vacation leave, sick leave, personal leave, | 5089 |
| bereavement leave, and administrative leave. | 5090 |
| | 5091 |
| employee is ineligible to receive pay and includes, but is not | 5092 |
| limited to, leave without pay, leave of absence, and disability | 5093 |
| leave. | 5094 |
| | 5095 |
| section 124.385 of the Revised Code. | 5096 |
| | 5097 |
| regular hours of duty total eighty hours in a pay period in a | 5098 |
| state agency and whose appointment is not for a limited period of | 5099 |
| time. | 5100 |
| | 5101 |
| under schedule B or C of section 124.15 of the Revised Code or | 5102 |
| under schedule E-1, schedule E-1 for step seven only, or schedule | 5103 |
| E-2 of section 124.152 of the Revised Code, plus any supplement | 5104 |
| provided under section 124.181 of the Revised Code, plus any | 5105 |
| supplements enacted into law which are added to schedule B or C of | 5106 |
| section 124.15 of the Revised Code or to schedule E-1, schedule | 5107 |
| E-1 for step seven only, or schedule E-2 of section 124.152 of the | 5108 |
| Revised Code. | 5109 |
| | 5110 |
| regular hours of duty total less than eighty hours in a pay period | 5111 |
| in a state agency and whose appointment is not for a limited | 5112 |
| period of time. | 5113 |
| (B) Each full-time permanent and part-time permanent employee | 5114 |
| whose salary or wage is paid directly by warrant of the
| 5115 |
| 5116 | |
| sick leave of three and one-tenth hours for each completed eighty | 5117 |
| hours of service, excluding overtime hours worked. Sick leave is | 5118 |
| not available for use until it appears on the employee's earning | 5119 |
| statement and the compensation described in the earning statement | 5120 |
| is available to the employee. | 5121 |
| (C) Any sick leave credit provided pursuant to division (B) | 5122 |
| of this section, remaining as of the last day of the pay period | 5123 |
| preceding the | 5124 |
| employee receives in December, shall be converted pursuant to | 5125 |
| section 124.383 of the Revised Code. | 5126 |
| (D) Employees may use sick leave, provided a credit balance | 5127 |
| is available, upon approval of the responsible administrative | 5128 |
| officer of the employing unit, for absence due to personal | 5129 |
| illness, pregnancy, injury, exposure to contagious disease that | 5130 |
| could be communicated to other employees, and illness, injury, or | 5131 |
| death in the employee's immediate family. When sick leave is | 5132 |
| used, it shall be deducted from the employee's credit on the basis | 5133 |
| of absence from previously scheduled work in such increments of an | 5134 |
| hour and at such a compensation rate as the director of | 5135 |
| administrative services determines. The appointing authority of | 5136 |
| each employing unit may require an employee to furnish a | 5137 |
| satisfactory, signed statement to justify the use of sick leave. | 5138 |
| If, after having utilized the credit provided by this | 5139 |
| section, an employee utilizes sick leave that was accumulated | 5140 |
| prior to November 15, 1981, compensation for such sick leave used | 5141 |
| shall be at a rate as the director determines. | 5142 |
| (E)(1) The previously accumulated sick leave balance of an | 5143 |
| employee who has been separated from the public service, for which | 5144 |
| separation payments pursuant to section 124.384 of the Revised | 5145 |
| Code have not been made, shall be placed to the employee's credit | 5146 |
| upon the employee's reemployment in the public service, if the | 5147 |
| reemployment takes place within ten years of the date on which the | 5148 |
| employee was last terminated from public service. | 5149 |
| (2) The previously accumulated sick leave balance of an | 5150 |
| employee who has separated from a school district shall be placed | 5151 |
| to the employee's credit upon the employee's appointment as an | 5152 |
| unclassified employee of the state department of education, if all | 5153 |
| of the following apply: | 5154 |
| (a) The employee accumulated the sick leave balance while | 5155 |
| employed by the school district. | 5156 |
| (b) The employee did not receive any separation payments for | 5157 |
| the sick leave balance. | 5158 |
| (c) The employee's employment with the department takes place | 5159 |
| within ten years after the date on which the employee separated | 5160 |
| from the school district. | 5161 |
| (F) An employee who transfers from one public agency to | 5162 |
| another shall be credited with the unused balance of the | 5163 |
| employee's accumulated sick leave. | 5164 |
| (G) The director of administrative services shall establish | 5165 |
| procedures to uniformly administer this section. No sick leave may | 5166 |
| be granted to a state employee upon or after the employee's | 5167 |
| retirement or termination of employment. | 5168 |
| Sec. 124.384. (A) Except as otherwise provided in this | 5169 |
| section, employees whose salaries or wages are paid by warrant of | 5170 |
|
the | 5171 |
| have accumulated sick leave under section 124.38 or 124.382 of the | 5172 |
| Revised Code shall be paid for a percentage of their accumulated | 5173 |
| balances, upon separation for any reason, including death but | 5174 |
| excluding retirement, at their last base rate of pay at the rate | 5175 |
| of one hour of pay for every two hours of accumulated balances. An | 5176 |
| employee who retires in accordance with any retirement plan | 5177 |
| offered by the state shall be paid upon retirement for each hour | 5178 |
| of the employee's accumulated sick leave balance at a rate of | 5179 |
| fifty-five per cent of the employee's last base rate of pay. | 5180 |
| An employee serving in a temporary work level or an interim | 5181 |
| appointment who elects to convert unused sick leave to cash shall | 5182 |
| do so at the base rate of pay of the employee's normal | 5183 |
| classification. If an employee dies, the employee's unused sick | 5184 |
| leave shall be paid in accordance with section 2113.04 of the | 5185 |
| Revised Code or to the employee's estate. | 5186 |
| In order to be eligible for the payment authorized by this | 5187 |
| section, an employee shall have at least one year of state service | 5188 |
| and shall request all or a portion of such payment no later than | 5189 |
| three years after separation from state service. No person is | 5190 |
| eligible to receive all or a portion of the payment authorized by | 5191 |
| this section at any time later than three years after the person's | 5192 |
| separation from state service. | 5193 |
| (B) Except as otherwise provided in this division, a person | 5194 |
| initially employed on or after July 5, 1987, by a state agency in | 5195 |
| which the employees' salaries or wages are paid directly by | 5196 |
|
warrant of the | 5197 |
| shall receive payment under this section only for sick leave | 5198 |
| accumulated while employed by state agencies in which the | 5199 |
| employees' salaries or wages are paid directly by warrant of the | 5200 |
| 5201 | |
| initially employed on or after July 5, 1987, by the state | 5202 |
| department of education as an unclassified employee shall receive | 5203 |
| payment under this section only for sick leave accumulated while | 5204 |
| employed by state agencies in which the employees' salaries or | 5205 |
| wages are paid
directly by warrant of the | 5206 |
| director of budget and management and for sick leave placed to the | 5207 |
| employee's credit under division (E)(2) of section 124.382 of the | 5208 |
| Revised Code. | 5209 |
| (C) For employees paid in accordance with section 124.152 of | 5210 |
| the Revised Code and those employees listed in divisions (B)(2) | 5211 |
| and (4) of section 124.14 of the Revised Code, the director of | 5212 |
|
administrative services, with the approval of the director of | 5213 |
| 5214 | |
| payment of accrued sick leave and vacation leave. | 5215 |
| Sec. 124.386. (A) Each full-time permanent employee paid in | 5216 |
| accordance with section 124.152 of the Revised Code and those | 5217 |
| full-time permanent employees listed in divisions (B)(2) and (4) | 5218 |
| of section 124.14 of the Revised Code shall be credited with | 5219 |
| thirty-two hours of personal leave each year. Each part-time | 5220 |
| permanent employee paid in accordance with section 124.152 of the | 5221 |
| Revised Code | 5222 |
| divisions (B)(2) and (4) of section 124.14 of the Revised Code | 5223 |
| shall receive a pro-rated personal leave credit as determined by | 5224 |
| rule of the director of administrative services. Such credit shall | 5225 |
| be made to each eligible employee in the first pay the employee | 5226 |
| receives in December. Employees, upon giving reasonable notice to | 5227 |
| the responsible administrative officer of the appointing | 5228 |
| authority, may use personal leave for absence due to mandatory | 5229 |
| court appearances, legal or business matters, family emergencies, | 5230 |
| unusual family obligations, medical appointments, weddings, | 5231 |
| religious holidays not listed in section 124.19 of the Revised | 5232 |
| Code, or any other matter of a personal nature. Personal leave may | 5233 |
| not be used on a holiday when an employee is scheduled to work. | 5234 |
| Personal leave is not available for use until it appears on | 5235 |
| the employee's earning statement and the compensation described in | 5236 |
| the earning statement is available to the employee. | 5237 |
| (B) When personal leave is used, it shall be deducted from | 5238 |
| the unused balance of the employee's personal leave on the basis | 5239 |
| of absence in such increments of an hour as the director of | 5240 |
| administrative services determines. Compensation for such leave | 5241 |
| shall be equal to the employee's base rate of pay. | 5242 |
| (C) A newly appointed full-time permanent employee or a | 5243 |
| nonfull-time employee who receives a full-time permanent | 5244 |
| appointment shall be credited with personal leave of thirty-two | 5245 |
| hours, less one and two-tenths hours for each pay period that has | 5246 |
|
elapsed following | 5247 |
| employee receives in December, until the first day of the pay | 5248 |
| period during which the appointment was effective. | 5249 |
| (D) The director of administrative services shall allow | 5250 |
| employees to elect one of the following options with respect to | 5251 |
| the unused balance of personal leave: | 5252 |
| (1) Carry forward the balance. The maximum credit that shall | 5253 |
| be available to an employee at any one time is forty hours. | 5254 |
| (2) Convert the balance to accumulated sick leave, to be used | 5255 |
| in the manner provided by section 124.382 of the Revised Code; | 5256 |
| (3) Receive a cash benefit. The cash benefit shall equal one | 5257 |
| hour of the employee's base rate of pay for every hour of unused | 5258 |
| credit that is converted. An employee serving in a temporary work | 5259 |
| level or an interim appointment who elects to convert unused | 5260 |
| personal leave to cash shall do so at the base rate of pay of the | 5261 |
| employee's normal classification. Such cash benefit shall not be | 5262 |
| subject to contributions to any of the retirement systems, either | 5263 |
| by the employee or the employer. | 5264 |
| (E) A full-time permanent employee who separates from state | 5265 |
| service or becomes ineligible to be credited with leave under this | 5266 |
| section shall receive a reduction of personal leave credit of one | 5267 |
| and two-tenths hours for each pay period that remains beginning | 5268 |
| with the first pay period following the date of separation or the | 5269 |
| effective date of the employee's ineligibility until the pay | 5270 |
| period preceding the next base pay period. After calculation of | 5271 |
| the reduction of an employee's personal leave credit, the employee | 5272 |
| is entitled to compensation for any remaining personal leave | 5273 |
| credit at the employee's current base rate of pay. If the | 5274 |
| reduction results in a number of hours less than zero, the cash | 5275 |
| equivalent value of such number of hours shall be deducted from | 5276 |
| any compensation that remains payable to the employee, or from the | 5277 |
| cash conversion value of any vacation or sick leave that remains | 5278 |
| credited to the employee. An employee serving in a temporary work | 5279 |
| level or an interim appointment who is eligible to receive | 5280 |
| compensation under this section shall be compensated at the base | 5281 |
| rate of pay of the employee's normal classification. | 5282 |
| (F) An employee who transfers from one public agency to | 5283 |
| another public agency in which the employee is eligible for the | 5284 |
| credit provided under this section shall be credited with the | 5285 |
| unused balance of personal leave. | 5286 |
| (G) The director of administrative services shall establish | 5287 |
| procedures to uniformly administer this section. No personal leave | 5288 |
| may be granted to a state employee upon or after retirement or | 5289 |
| termination of employment. | 5290 |
| Sec. 124.387. Each full-time permanent and part-time | 5291 |
| permanent employee whose salary or wage is paid directly by | 5292 |
| warrant of the | 5293 |
| shall be granted three days of bereavement leave with pay upon the | 5294 |
| death of a member of the employee's immediate family. Compensation | 5295 |
| for bereavement leave shall be equal to the employee's base rate | 5296 |
| of pay. | 5297 |
| Sec. 124.389. The director of administrative services may | 5298 |
| establish an employee exchange program for employees whose salary | 5299 |
| or wage is
paid directly
by warrant of the | 5300 |
| director of budget and management. The director of administrative | 5301 |
| services shall adopt rules in accordance with Chapter 119. of the | 5302 |
| Revised Code to provide for the administration of the program. | 5303 |
| Sec. 124.391. (A) As used in this section, "paid leave" | 5304 |
| means sick leave, personal leave, or vacation leave. | 5305 |
| (B) The director of administrative services may establish a | 5306 |
| program under which an employee paid directly by warrant of the | 5307 |
| 5308 | |
| employee's accrued but unused paid leave to another employee paid | 5309 |
|
directly by warrant of the | 5310 |
| management who has no accrued but unused paid leave and who has a | 5311 |
| critical need for it because of circumstances such as a serious | 5312 |
| illness or the serious illness of a member of the employee's | 5313 |
| immediate family. | 5314 |
| If the director of administrative services establishes a | 5315 |
| leave donation program under this division, the director shall | 5316 |
| adopt rules in accordance with Chapter 119. of the Revised Code to | 5317 |
| provide for the administration of the program. These rules shall | 5318 |
| include, but not be limited to, provisions that identify the | 5319 |
| circumstances under which leave may be donated and that specify | 5320 |
| the amount, types, and value of leave that may be donated. | 5321 |
| (C) At the discretion of the appropriate legislative | 5322 |
| authority, a county may implement a leave donation program, as | 5323 |
| provided in this section, for all county agencies or for one or | 5324 |
| more designated agencies within the county. | 5325 |
| Sec. 124.392. (A) As used in this section, "exempt employee" | 5326 |
| has the same meaning as in section 124.152 of the Revised Code. | 5327 |
| (B) The director of administrative services may establish a | 5328 |
| voluntary cost savings program for exempt employees. The director | 5329 |
| shall adopt rules in accordance with Chapter 119. of the Revised | 5330 |
| Code to provide for the administration of the program. | 5331 |
| Sec. 124.82. (A) Except as provided in division (D) of this | 5332 |
| section, the department of administrative services, in | 5333 |
| consultation with the superintendent of insurance, shall, in | 5334 |
| accordance with competitive selection procedures of Chapter 125. | 5335 |
| of the Revised Code, contract with an insurance company or a | 5336 |
| health plan in combination with an insurance company, authorized | 5337 |
| to do business in this state, for the issuance of a policy or | 5338 |
| contract of health, medical, hospital, dental, or surgical | 5339 |
| benefits, or any combination of those benefits, covering state | 5340 |
|
employees who are paid directly by
warrant of the | 5341 |
| director of budget and management, including elected state | 5342 |
| officials. The department may fulfill its obligation under this | 5343 |
| division by exercising its authority under division (A)(2) of | 5344 |
| section 124.81 of the Revised Code. | 5345 |
| (B) The department may, in addition, in consultation with the | 5346 |
| superintendent of insurance, negotiate and contract with health | 5347 |
| insuring corporations holding a certificate of authority under | 5348 |
| Chapter 1751. of the Revised Code, in their approved service areas | 5349 |
| only, for issuance of a contract or contracts of health care | 5350 |
| services, covering state employees who are paid directly by | 5351 |
|
warrant of the
| 5352 |
| including elected state
officials. | 5353 |
| 5354 | |
| with
one or more insurance | 5355 |
| 5356 | |
| provided that: | 5357 |
| (1) The amount of the premium or cost for such coverage | 5358 |
| contributed by the state, for an individual or for an individual | 5359 |
| and the individual's family, does not exceed that same amount of | 5360 |
| the premium or cost contributed by the state under division (A) of | 5361 |
| this section; | 5362 |
| (2) The employee be permitted to exercise the option as to | 5363 |
| which plan the employee will select under division (A) or (B) of | 5364 |
| this section, at a time that shall be determined by the | 5365 |
| department; | 5366 |
| (3) The health insuring corporations do not refuse to accept | 5367 |
| the employee, or the employee and the employee's family, if the | 5368 |
| employee exercises the option to select care provided by the | 5369 |
| corporations; | 5370 |
| (4) The employee may choose participation in only one of the | 5371 |
| plans sponsored by the department; | 5372 |
| (5) The director of health examines and certifies to the | 5373 |
| department that the quality and adequacy of care rendered by the | 5374 |
| health insuring corporations meet at least the standards of care | 5375 |
| provided by hospitals and physicians in that employee's community, | 5376 |
| who would be providing such care as would be covered by a contract | 5377 |
| awarded under division (A) of this section. | 5378 |
| (C) All or any portion of the cost, premium, or charge for | 5379 |
| the coverage in divisions (A) and (B) of this section may be paid | 5380 |
| in such manner or combination of manners as the department | 5381 |
| determines and may include the proration of health care costs, | 5382 |
| premiums, or charges for part-time employees. | 5383 |
| (D) Notwithstanding division (A) of this section, the | 5384 |
| department may provide benefits equivalent to those that may be | 5385 |
| paid under a policy or contract issued by an insurance company or | 5386 |
| a health plan pursuant to division (A) of this section. | 5387 |
| (E) This section does not prohibit the state office of | 5388 |
| collective bargaining from entering into an agreement with an | 5389 |
| employee representative for the purposes of providing fringe | 5390 |
| benefits, including, but not limited to, hospitalization, surgical | 5391 |
| care, major medical care, disability, dental care, vision care, | 5392 |
| medical care, hearing aids, prescription drugs, group life | 5393 |
| insurance, sickness and accident insurance, group legal services | 5394 |
| or other benefits, or any combination of those benefits, to | 5395 |
| employees paid
directly by warrant of the | 5396 |
| director of budget and management through a jointly administered | 5397 |
| trust fund. The employer's contribution for the cost of the | 5398 |
| benefit care shall be mutually agreed to in the collectively | 5399 |
| bargained agreement. The amount, type, and structure of fringe | 5400 |
| benefits provided under this division is subject to the | 5401 |
| determination of the board of trustees of the jointly administered | 5402 |
| trust fund. Notwithstanding any other provision of the Revised | 5403 |
| Code, competitive bidding does not apply to the purchase of fringe | 5404 |
| benefits for employees under this division when those benefits are | 5405 |
| provided through a jointly administered trust fund. | 5406 |
| (F) Members of state boards or commissions may be covered by | 5407 |
| any policy, contract, or plan of benefits or services described in | 5408 |
| division (A) or (B) of this section. Board or commission members | 5409 |
| who are appointed for a fixed term and who are compensated on a | 5410 |
| per meeting basis, or paid only for expenses, or receive a | 5411 |
| combination of per diem payments and expenses shall pay the entire | 5412 |
| amount of the premiums, costs, or charges for that coverage. | 5413 |
| Sec. 124.821. Each state agency shall pay the monthly | 5414 |
| enrollee premium for medical insurance coverage under Part B of | 5415 |
| "The Social Security Amendments of 1965," 79 Stat. 301, 42 U.S.C. | 5416 |
| 1395j, as amended, for state employees and elected state officials | 5417 |
| who are employed by or serve in the agency, are paid directly by | 5418 |
| warrant of the | 5419 |
| are sixty-five years of age or older, and are participating in the | 5420 |
| program of health insurance for the aged under Title XVIII of the | 5421 |
| "Social Security Act," 79 Stat. 286, 42 U.S.C. 1395, as amended. | 5422 |
| The cost of the premiums shall not be deducted from any employee's | 5423 |
| or official's wage or salary. | 5424 |
| The director of administrative services shall uniformly | 5425 |
| administer this section and shall, by rule, establish procedures | 5426 |
| for carrying out such administration. | 5427 |
| Sec. 124.823. The department of administrative services | 5428 |
| shall establish a pilot program under which it includes medical | 5429 |
| savings accounts as part of any package of health care benefit | 5430 |
| options offered to state employees and state elected officials | 5431 |
| paid by
warrant of the | 5432 |
| management. Except for the provisions in divisions (A) and (B) of | 5433 |
| section 3924.64 of the Revised Code concerning designation of an | 5434 |
| administrator, a medical savings account established as part of | 5435 |
| the program is subject to sections 3924.64 to 3924.74 of the | 5436 |
| Revised Code. | 5437 |
| The department is not required to offer the medical savings | 5438 |
| account option to any state employee who is covered under a | 5439 |
| collective bargaining agreement entered into pursuant to Chapter | 5440 |
| 4117. of the Revised Code, but a medical savings account option | 5441 |
| may be part of a package of health care benefit options offered | 5442 |
| pursuant to a collective bargaining agreement. The department may | 5443 |
| limit enrollment in the medical savings account program and may | 5444 |
| require state employees enrolled in it to contribute to their | 5445 |
| medical savings accounts. The department shall make both | 5446 |
| individual and family coverage available through the accounts. The | 5447 |
| program shall not increase the cost of providing health insurance | 5448 |
| to state employees. The department may end the program at any time | 5449 |
| not sooner than two years after it is established, except that the | 5450 |
| department may not end the program prior to providing six months' | 5451 |
| notice to the speaker of the house of representatives, president | 5452 |
| of the senate, minority leader of the house and minority leader of | 5453 |
| the senate, and the chairs of the standing committees of the | 5454 |
| senate and house of representatives with primary responsibility | 5455 |
| for health and insurance legislation. | 5456 |
| A state employee who chooses the medical savings account | 5457 |
| option shall have any state health, medical, hospital, dental, | 5458 |
| surgical, and vision benefits for which the employee is eligible | 5459 |
| provided through the medical savings account. The department, | 5460 |
| under section 124.81 or 124.82 of the Revised Code, shall contract | 5461 |
| for or otherwise provide a high-deductible policy or contract | 5462 |
| through which those benefits can be paid. | 5463 |
| The employee for whom a medical savings account is opened | 5464 |
| shall at the time the account is opened choose an administrator | 5465 |
| from a list of administrators designated by the department, one of | 5466 |
| which may be the insurer from which the department purchases the | 5467 |
| high-deductible policy or contract. If the employee fails to | 5468 |
| choose an administrator, the department shall designate an | 5469 |
| administrator. | 5470 |
| If an elected state official whose term commenced prior to | 5471 |
| the establishment of the program elects to participate in the | 5472 |
| medical savings account program, participation shall commence at | 5473 |
| the beginning of the term following establishment of the program. | 5474 |
| Sec. 124.84. (A) The department of administrative services, | 5475 |
| in consultation with the superintendent of insurance and subject | 5476 |
| to division (D) of this section, shall negotiate and contract with | 5477 |
| one or more insurance companies or health insuring corporations | 5478 |
| authorized to operate or do business in this state for the | 5479 |
| purchase of a policy of long-term care insurance covering all | 5480 |
|
state employees
who are paid directly by warrant of the | 5481 |
| 5482 | |
| officials. Any policy purchased under this division shall be | 5483 |
| negotiated and entered into in accordance with the competitive | 5484 |
| selection procedures specified in Chapter 125. of the Revised | 5485 |
| Code. As used in this section, "long-term care insurance" has the | 5486 |
| same meaning as in section 3923.41 of the Revised Code. | 5487 |
| (B) Any elected state official or state employee paid | 5488 |
|
directly by warrant of the | 5489 |
| management may elect to participate in any long-term care | 5490 |
| insurance policy purchased under division (A) of this section. All | 5491 |
| or any portion of the premium charged may be paid by the state. | 5492 |
| Participation in the policy may include the dependents and family | 5493 |
| members of the elected state official or state employee. | 5494 |
| If a participant in a long-term care insurance policy leaves | 5495 |
| employment, the participant and the participant's dependents and | 5496 |
| family members may, at their election, continue to participate in | 5497 |
| a policy established under this section. The manner of payment and | 5498 |
| the portion of premium charged the participant, dependent, and | 5499 |
| family member shall be established pursuant to division (E) of | 5500 |
| this section. | 5501 |
| (C) Any long-term care insurance policy purchased under this | 5502 |
| section or section 124.841 or 145.581 of the Revised Code shall | 5503 |
| provide for all of the following with respect to the premiums | 5504 |
| charged for the policy: | 5505 |
| (1) They shall be set at the entry age of the official or | 5506 |
| employee when first covered by the policy and shall not increase | 5507 |
| except as a class during coverage under the policy. | 5508 |
| (2) They shall be based on the class of all officials or | 5509 |
| employees covered by the policy. | 5510 |
| (3) They shall continue, pursuant to section 145.581 of the | 5511 |
| Revised Code, after the retirement of the official or employee who | 5512 |
| is covered under the policy, at the rate in effect on the date of | 5513 |
| the official's or employee's retirement. | 5514 |
| (D) Prior to entering into a contract with an insurance | 5515 |
| company or health insuring corporation for the purchase of a | 5516 |
| long-term care insurance policy under this section, the department | 5517 |
| shall request the superintendent of insurance to certify the | 5518 |
| financial condition of the company or corporation. The department | 5519 |
| shall not enter into the contract if, according to that | 5520 |
| certification, the company or corporation is insolvent, is | 5521 |
| determined by the superintendent to be potentially unable to | 5522 |
| fulfill its contractual obligations, or is placed under an order | 5523 |
| of rehabilitation or conservation by a court of competent | 5524 |
| jurisdiction or under an order of supervision by the | 5525 |
| superintendent. | 5526 |
| (E) The department shall adopt rules in accordance with | 5527 |
| section 111.15 of the Revised Code governing long-term care | 5528 |
| insurance purchased under this section. All or any portion of the | 5529 |
| premium charged the participants, dependents, and family members | 5530 |
| shall be paid in such manner or combination of manners as the | 5531 |
| department determines. | 5532 |
| Sec. 124.87. (A) There is hereby established in the state | 5533 |
| treasury the state employee health benefit fund for the sole | 5534 |
| purpose of enabling the department of administrative services to | 5535 |
| provide state employees with any benefits specified in division | 5536 |
| (A) of section 124.82 of the Revised Code. | 5537 |
| (B) The fund shall be under the supervision of the | 5538 |
| department. The department shall be responsible, under approved | 5539 |
| bonds, for all moneys coming into, and paid out of, the fund in | 5540 |
| accordance with this section and shall ensure that the fund is | 5541 |
| actuarially sound. Amounts from the fund may be used to pay direct | 5542 |
| and
indirect costs that are attributable to consultants or | 5543 |
| third-party
| 5544 |
| administer this section. | 5545 |
| (C) In carrying out its duties and responsibilities, the | 5546 |
| department shall do the following: | 5547 |
| (1) Adopt rules with regard to the administration of the | 5548 |
| fund; | 5549 |
| (2) With respect to benefits specified in division (A) of | 5550 |
| section 124.82 of the Revised Code, enter into a contract with a | 5551 |
| company authorized to do the business of sickness and accident | 5552 |
| insurance under Title XXXIX of the Revised Code or a professional | 5553 |
| claim administrator, to serve as administrator of that portion of | 5554 |
|
the fund set aside to provide | 5555 |
| division, a "professional claim administrator" means any person | 5556 |
| that has experience in the handling of insurance claims and has | 5557 |
| been determined by the department to be fully qualified, | 5558 |
| financially sound, and capable of meeting all of the service | 5559 |
| requirements of the contract of administration under such criteria | 5560 |
| as may be established by rules adopted by the department. With | 5561 |
| respect to the benefits specified in division (A) of section | 5562 |
| 124.82 of the Revised Code, if the fund is the secondary payor of | 5563 |
| these benefits, the amount the professional claim administrator | 5564 |
| may pay is limited to an amount that will yield a benefit no | 5565 |
| greater than the amount that would have been paid if the fund were | 5566 |
| the primary payor of these benefits. | 5567 |
| (3) Adopt rules governing the conditions under which an | 5568 |
| employee may participate in or withdraw from the fund, and the | 5569 |
| procedure by which the employee is to contribute to the fund; | 5570 |
| (4) Adopt rules to ensure that the fund is actuarially sound; | 5571 |
| (5) Adopt rules to ensure the integrity of the fund, and to | 5572 |
| ensure that the fund be used solely for the purpose specified in | 5573 |
| division (A) of this section. | 5574 |
| The department shall adopt all rules pursuant to this section | 5575 |
| in accordance with Chapter 119. of the Revised Code. | 5576 |
| (D) Amounts withheld from employees, amounts contributed by | 5577 |
| the state or from federal funds, and all amounts contributed by | 5578 |
| any state authority, shall be credited to the fund. All other | 5579 |
| income, including the income derived from any dividends and | 5580 |
| distributions, interest earned, premium rate adjustments, or other | 5581 |
| refunds, shall also be credited to the fund. Any amounts remaining | 5582 |
| in the fund after all premiums or subscription charges, and other | 5583 |
| expenses have been paid, shall be retained in the fund as a | 5584 |
| special reserve for adverse fluctuation. | 5585 |
| (E) All income derived from the investment of the fund shall | 5586 |
| accrue to the fund. | 5587 |
| (F) The department shall have prepared every year, by a | 5588 |
| competent actuary familiar with health and life insurance, a | 5589 |
| report showing a complete actuarial evaluation of the fund and the | 5590 |
| adequacy of the rates of contribution, which report shall contain | 5591 |
| 5592 | |
| department | 5593 |
| studies or evaluations to determine the adequacy of the rates of | 5594 |
|
contribution, and | 5595 |
| department, as recommended by the actuary, effective as of the | 5596 |
| first of any fiscal year thereafter. | 5597 |
| Sec. 125.21. The director of administrative services shall | 5598 |
| process payroll information for the purpose of payment for | 5599 |
| personal services of state officials and employees on the basis of | 5600 |
| rates of pay determined by pertinent law, the director, or other | 5601 |
| competent authority. | 5602 |
| Calculation of payrolls may be made after the conclusion of | 5603 |
| each pay period based upon the amount of time served as certified | 5604 |
| by the appropriate appointing authority. Payment for personal | 5605 |
| service rendered by an official or employee during any pay period | 5606 |
| shall be made no later than at the conclusion of the official's or | 5607 |
| employee's next succeeding pay period. | 5608 |
| The director of administrative services shall furnish to the | 5609 |
| 5610 | |
| data for drawing state official and employee pay warrants and | 5611 |
| preparing earning statements. These data shall include the rate at | 5612 |
| which paid; the time for which paid, including overtime and any | 5613 |
| other adjustments affecting the official's or employee's gross | 5614 |
| pay; all taxes withheld, including, whenever practicable, | 5615 |
| year-to-date figures on all taxes withheld; the amount of | 5616 |
| contribution to the appropriate retirement system; any voluntary | 5617 |
| deductions made in accordance with authorizations filed by the | 5618 |
| official or employee; and whether a direct deposit is to be made | 5619 |
| in accordance with an authorization filed by the official or | 5620 |
| employee. | 5621 |
| Amounts deducted from the salaries or wages of all officials | 5622 |
| and employees shall be transferred to the payroll withholding | 5623 |
| fund, which is hereby created in the state treasury for the | 5624 |
| purpose of consolidating all such deductions made in any month. | 5625 |
| Payments from this fund shall be made at intervals for the | 5626 |
| intended purpose of the deduction or for refund where it is | 5627 |
| determined that deductions were made in error. | 5628 |
| Sec. 126.07. No contract, agreement, or obligation involving | 5629 |
| the expenditure of money chargeable to an appropriation, nor any | 5630 |
| resolution or order for the expenditure of money chargeable to an | 5631 |
| appropriation, shall be valid and enforceable unless the director | 5632 |
| of budget and management first certifies that there is a balance | 5633 |
| in the appropriation not already obligated to pay existing | 5634 |
| obligations, in an amount at least equal to the portion of the | 5635 |
| contract, agreement, obligation, resolution, or order to be | 5636 |
| performed in the current fiscal year. Any written contract or | 5637 |
| agreement entered into by the state shall contain a clause stating | 5638 |
| that the obligations of the state are subject to this section. | 5639 |
| In order to make a payment from the state treasury, a state | 5640 |
| agency shall first submit to the director all invoices, claims, | 5641 |
| vouchers, and other evidentiary matter related to the payment. If | 5642 |
| the director approves payment to be made, the director shall | 5643 |
| 5644 | |
| draw a warrant as
provided in section | 5645 |
| Code. The director shall not approve payment to be made if the | 5646 |
| director finds that there is not an unobligated balance in the | 5647 |
| appropriation for the payment, that the payment is not for a valid | 5648 |
| claim against the state that is legally due, or that insufficient | 5649 |
| evidentiary matter has been submitted. If the director does not | 5650 |
| approve payment, the director shall notify the agency of the | 5651 |
| reasons the director has not given approval. | 5652 |
| In approving payments to be made under this section, the | 5653 |
| director, upon receipt of certification from the director of job | 5654 |
| and family services pursuant to section 4141.231 of the Revised | 5655 |
| Code, shall withhold from amounts otherwise payable to a person | 5656 |
| who is the subject of the director of jobs and family services' | 5657 |
| certification, the amount certified to be due and unpaid to the | 5658 |
| director of job and family services, and shall approve for payment | 5659 |
| to the director of job and family services, the amount withheld. | 5660 |
| Sec. 126.21. (A) The director of budget and management shall | 5661 |
| do all of the following: | 5662 |
| (1) Keep all necessary accounting records; | 5663 |
| (2) Prescribe and maintain the accounting system of the state | 5664 |
| and establish appropriate accounting procedures and charts of | 5665 |
| accounts; | 5666 |
| (3) Establish procedures for the use of written, electronic, | 5667 |
| optical, or other communications media for approving payment | 5668 |
| vouchers; | 5669 |
| (4) Reconcile, in the case of any variation between the | 5670 |
| amount of any appropriation and the aggregate amount of items of | 5671 |
| the appropriation, with the advice and assistance of the state | 5672 |
| agency affected by it and the legislative service commission, | 5673 |
| totals so as to correspond in the aggregate with the total | 5674 |
| appropriation. In the case of a conflict between the item and the | 5675 |
| total of which it is a part, the item shall be considered the | 5676 |
| intended appropriation. | 5677 |
| (5) Evaluate on an ongoing basis and, if necessary, recommend | 5678 |
| improvements to the internal controls used in state agencies; | 5679 |
| (6) Authorize the establishment of petty cash accounts. The | 5680 |
| director of budget and management may withdraw approval for any | 5681 |
| petty cash account and require the officer in charge to return to | 5682 |
| the state treasury any unexpended balance shown by the officer's | 5683 |
| accounts to be on hand. Any officer who is issued a warrant for | 5684 |
| petty cash shall render a detailed account of the expenditures of | 5685 |
| the petty cash and shall report when requested the balance of | 5686 |
| petty cash on hand at any time. | 5687 |
| (7) Process orders, invoices, vouchers, claims, and payrolls | 5688 |
| and prepare financial reports and statements; | 5689 |
| (8) Perform extensions, reviews, and compliance checks prior | 5690 |
| to approving a payment as the director considers necessary; | 5691 |
| (9) Issue the official comprehensive annual financial report | 5692 |
| of the state. The report shall cover all funds of the state | 5693 |
| reporting entity and shall include basic financial statements and | 5694 |
| required supplementary information prepared in accordance with | 5695 |
| generally accepted accounting principles and other information as | 5696 |
| the director provides. All state agencies, authorities, | 5697 |
| institutions, offices, retirement systems, and other component | 5698 |
| units of the state reporting entity as determined by the director | 5699 |
| shall furnish the director whatever financial statements and other | 5700 |
| information the director requests for the report, in the form, at | 5701 |
| the times, covering the periods, and with the attestation the | 5702 |
| director prescribes. The information for state institutions of | 5703 |
| higher education, as defined in section 3345.011 of the Revised | 5704 |
| Code, shall be submitted to the director by the Ohio board of | 5705 |
| regents. The board shall establish a due date by which each such | 5706 |
| institution shall submit the information to the board, but no such | 5707 |
| date shall be later than one hundred twenty days after the end of | 5708 |
| the state fiscal year unless a later date is approved by the | 5709 |
| director. | 5710 |
| (B) In addition to the director's duties under division (A) | 5711 |
| of this section, the director of budget and management may | 5712 |
| establish and administer one or more state payment card programs | 5713 |
| that permit or require state agencies to use a payment card to | 5714 |
| purchase equipment, materials, supplies, or services in accordance | 5715 |
|
with guidelines issued by the director.
| 5716 |
| 5717 | |
| 5718 | |
| payment card programs that the director establishes pursuant to | 5719 |
| this section. | 5720 |
| (C) In addition to the director's duties under divisions (A) | 5721 |
| and (B) of this section, the director may enter into any contract | 5722 |
| or agreement necessary for and incidental to the performance of | 5723 |
| the director's duties or the duties of the office of budget and | 5724 |
| management. | 5725 |
| Sec. 126.22. The director of budget and management may: | 5726 |
| (A) Perform | 5727 |
| design and implement accounting systems with state agencies; | 5728 |
| (B) Provide other accounting services, including the | 5729 |
| preparation and submission of reports; | 5730 |
| (C) Change any accounting code appearing in appropriations | 5731 |
| acts of the general assembly. | 5732 |
| | 5733 |
| budget and management shall draw warrants against the treasurer of | 5734 |
| state pursuant to all requests for
payment that the director | 5735 |
| 5736 | |
| Revised Code. | 5737 |
| (B) Unless the director of job and family services has | 5738 |
| provided for the making of payments by electronic benefit | 5739 |
| transfer, if a financial institution and account have been | 5740 |
| designated by the
participant or recipient, payment by the | 5741 |
| 5742 | |
| Ohio works first program pursuant to Chapter 5107. of the Revised | 5743 |
| Code or a recipient of disability financial assistance pursuant to | 5744 |
| Chapter 5115. of the Revised Code shall be made by direct deposit | 5745 |
| to the account of the participant or recipient in the financial | 5746 |
| institution. Payment by
the | 5747 |
| and management to a recipient of benefits distributed through the | 5748 |
| medium of electronic benefit transfer pursuant to section 5101.33 | 5749 |
| of the Revised Code shall be by electronic benefit transfer. | 5750 |
| Payment by the | 5751 |
| as compensation to an employee of the state who has, pursuant to | 5752 |
| section 124.151 of the Revised Code, designated a financial | 5753 |
| institution and account for the direct deposit of such payments | 5754 |
| shall be made by direct deposit to the account of the employee. | 5755 |
| Payment to any other payee who has designated a financial | 5756 |
| institution and account for the direct deposit of such payment may | 5757 |
| be made by direct deposit to the account of the payee in the | 5758 |
| financial institution as provided in section 9.37 of the Revised | 5759 |
| Code. | 5760 |
| 5761 | |
| 5762 | |
| 5763 | |
| 5764 | |
| director of budget and management or the
| 5765 |
| director's agent in a financial institution for the purpose of | 5766 |
| effectuating payment by direct deposit or electronic benefit | 5767 |
| transfer shall be maintained in accordance with section 135.18 of | 5768 |
| the Revised Code. | 5769 |
| (C) All other payments from the state treasury shall be made | 5770 |
| by paper warrants or by direct deposit payable to the respective | 5771 |
|
payees. The
| 5772 |
| mail the paper warrants to the respective payees or distribute | 5773 |
| them through other state agencies, whichever
the | 5774 |
| director determines to be the better procedure. | 5775 |
| (D) If the average per transaction cost the | 5776 |
| director of budget and management incurs in making direct deposits | 5777 |
| for a state agency exceeds the average per transaction cost the | 5778 |
| 5779 | |
| public offices during the same period of time,
the | 5780 |
| 5781 | |
| of direct deposits for the agency to the director of | 5782 |
| administrative services. The director of administrative services | 5783 |
| shall reimburse the | 5784 |
| management for such additional costs and add the amount to the | 5785 |
| processing charge assessed upon the state agency. | 5786 |
| | 5787 |
| budget and management is satisfied, by affidavit or otherwise, | 5788 |
| that any warrant on the state treasury
drawn by | 5789 |
| has been lost or destroyed prior to its presentation for payment, | 5790 |
| 5791 | |
| the lost or destroyed warrant; provided, that before issuing the | 5792 |
|
replacement, | 5793 |
| application therefor execute a formal agreement to indemnify the | 5794 |
| state for any loss or damage sustained on account of the issuance | 5795 |
| of the replacement and the subsequent presentation and payment of | 5796 |
| the original. The form of the agreement shall be prepared by the | 5797 |
| attorney general. The agreement when executed shall be filed with | 5798 |
| the | 5799 |
|
liable because of | 5800 |
| warrant drawn under this section. | 5801 |
| | 5802 |
| budget and management shall void any
warrant | 5803 |
| on the state treasury pursuant to Chapter 5733. or 5747. of the | 5804 |
| Revised Code that is not presented for payment to the treasurer of | 5805 |
| state within two years after the date of issuance and shall void | 5806 |
| any other warrant | 5807 |
| is not presented to the treasurer of state within ninety days | 5808 |
| after the date of issuance. | 5809 |
| (B) If a warrant voided pursuant to division (A) of this | 5810 |
| section was drawn against an appropriation of the current fiscal | 5811 |
| year and the holder of the voided warrant presents the warrant for | 5812 |
| reissuance, in the same fiscal year, to the state agency that made | 5813 |
| the payment originally, the agency shall prepare a voucher for the | 5814 |
| holder of the voided warrant, in the amount shown on the warrant | 5815 |
| that has been voided, against the same appropriation of the same | 5816 |
| fiscal year if the agency is satisfied that payment is proper. | 5817 |
| (C) If a warrant was drawn against an appropriation of the | 5818 |
| first fiscal year of the fiscal biennium and voided pursuant to | 5819 |
| division (A) of this section in either fiscal year of the biennium | 5820 |
| and if the holder of the voided warrant presents the warrant for | 5821 |
| reissuance, in the second fiscal year of the biennium, to the | 5822 |
| state agency that made the payment originally, the agency shall | 5823 |
| prepare a voucher for the holder of the voided warrant, in the | 5824 |
| amount shown on the warrant that has been voided, against funds | 5825 |
| transferred to the agency by the director | 5826 |
| pursuant to section 131.33 of the Revised Code, if the agency is | 5827 |
| satisfied that payment is proper. If no such funds are available | 5828 |
| for transfer, the agency shall prepare the voucher against any | 5829 |
| unexpended appropriations of the current fiscal year available to | 5830 |
| it. | 5831 |
| (D) If a warrant was drawn against an appropriation and, | 5832 |
| during the same biennium, was voided pursuant to division (A) of | 5833 |
| this section, and if, after that biennium, the holder of the | 5834 |
| voided warrant presents the warrant for reissuance to the state | 5835 |
| agency that made the payment originally, the agency shall prepare | 5836 |
| a voucher for the holder of the voided warrant, in the amount | 5837 |
| shown on the warrant that has been voided, against any | 5838 |
| appropriation of the current fiscal year made to the agency if the | 5839 |
| agency is satisfied that payment is proper. | 5840 |
| (E) If a warrant voided pursuant to division (A) of this | 5841 |
| section was drawn against an appropriation of a previous fiscal | 5842 |
| year and voided after that fiscal biennium and if the holder of | 5843 |
| the voided warrant presents the warrant for reissuance to the | 5844 |
| state agency that made the payment originally, the agency shall | 5845 |
|
forward the warrant to the director | 5846 |
| a request for reissuance. The director shall make payment to the | 5847 |
| holder of the voided warrant, in the amount shown on the warrant | 5848 |
| that has been voided, against an appropriation of the current | 5849 |
|
fiscal year made to the director | 5850 |
|
reissuance of voided warrants, if the director | 5851 |
| 5852 |
| | 5853 |
| and management shall furnish an earnings statement with each pay | 5854 |
| warrant issued to a state employee paid on a payroll voucher. The | 5855 |
| statement shall include a summary of the earnings information | 5856 |
| provided to the
| 5857 |
| 125.21 of the Revised Code. | 5858 |
| Sec. 131.01. As used in Chapters 113., 117., 123., 124., | 5859 |
| 125., 126., 127., and 131. of the Revised Code, and any statute | 5860 |
| that uses the terms in connection with state accounting or | 5861 |
| budgeting: | 5862 |
| (A) "Account" means any record, element, or summary in which | 5863 |
| financial transactions are identified and recorded as debit or | 5864 |
| credit transactions in order to summarize items of a similar | 5865 |
| nature or classification. | 5866 |
| (B) "Accounting procedure" means the arrangement of all | 5867 |
| processes which discover, record, and summarize financial | 5868 |
| information to produce financial statements and reports and to | 5869 |
| provide internal control. | 5870 |
| (C) "Accounting system" means the total structure of records | 5871 |
| and procedures which discover, record, classify, and report | 5872 |
| information on the financial position and operations of a | 5873 |
| governmental unit or any of its funds and organizational | 5874 |
| components. | 5875 |
| (D) "Allocation" means a portion of an appropriation which is | 5876 |
| designated for expenditure by specific organizational units or for | 5877 |
| special purposes, activities, or objects that do not relate to a | 5878 |
| period of time. | 5879 |
| (E) "Allotment" means all or part of an appropriation which | 5880 |
| may be encumbered or expended within a specific period of time. | 5881 |
| (F) "Appropriation" means an authorization granted by the | 5882 |
| general assembly to make expenditures and to incur obligations for | 5883 |
| specific purposes. | 5884 |
| (G) "Assets" means resources owned, controlled, or otherwise | 5885 |
| used or held by the state which have monetary value. | 5886 |
| (H) "Budget" means the plan of financial operation embodying | 5887 |
| an estimate of proposed expenditures and obligations for a given | 5888 |
| period and the proposed means of financing them. | 5889 |
| (I) "Direct deposit" is a form of electronic funds transfer | 5890 |
| in which money is electronically deposited into the account of a | 5891 |
| person or entity at a financial institution. | 5892 |
| (J) "Disbursement" means a payment made for any purpose. | 5893 |
| (K) "Electronic benefit transfer" means the electronic | 5894 |
| delivery of benefits through automated teller machines, point of | 5895 |
| sale terminals, or other electronic media pursuant to section | 5896 |
| 5101.33 of the Revised Code. | 5897 |
| (L) "Electronic funds transfer" means the electronic movement | 5898 |
| of funds via automated clearing house or wire transfer. | 5899 |
| (M) "Encumbrancing document" means a document reserving all | 5900 |
| or part of an appropriation. | 5901 |
| (N) "Expenditure" means a reduction of the balance of an | 5902 |
| appropriation after legal requirements have been met. | 5903 |
| (O) "Fund" means an independent fiscal and accounting entity | 5904 |
| with a self-balancing set of accounts recording cash or other | 5905 |
| resources, together with all related liabilities, obligations, | 5906 |
| reserves, and fund balances which are segregated for the purpose | 5907 |
| of carrying on specific activities or attaining certain objectives | 5908 |
| in accordance with special rules, restrictions, or limitations. | 5909 |
| (P) "Lapse" means the automatic termination of an | 5910 |
| appropriation at the end of the fiscal period for which it was | 5911 |
| appropriated. | 5912 |
| (Q) "Reappropriation" means an appropriation of a previous | 5913 |
| appropriation that is continued in force in a succeeding | 5914 |
| appropriation period. "Reappropriation" shall be equated with and | 5915 |
| incorporated in the term "appropriation." | 5916 |
| (R) "Voucher" means the document used to transmit a claim for | 5917 |
| payment and evidentiary matter related to the claim. | 5918 |
| (S) "Warrant" means an order drawn upon the treasurer of | 5919 |
|
state by the | 5920 |
| directing the treasurer of state to pay a specified amount, | 5921 |
| including an order to make a lump-sum payment to a financial | 5922 |
| institution for the transfer of funds by direct deposit or the | 5923 |
| drawdown of funds by electronic benefit transfer, and the | 5924 |
| resulting electronic transfer to or by the ultimate payees. | 5925 |
| The terms defined in this section shall be used, on all | 5926 |
| accounting forms, reports, formal rules, and budget requests | 5927 |
| produced by a state agency, only as defined in this section. | 5928 |
| Sec. 131.02. (A) | 5929 |
| section 4123.37 and division (J) of section 4123.511 of the | 5930 |
| Revised Code, whenever any amount is payable to the state, the | 5931 |
| officer, employee, or agent responsible for administering the law | 5932 |
| under which the amount is payable shall immediately proceed to | 5933 |
| collect the amount or cause the amount to be collected and shall | 5934 |
| pay the amount into the state treasury or into the appropriate | 5935 |
| custodial fund in the manner set forth pursuant to section 113.08 | 5936 |
| of the Revised Code. Except as otherwise provided in this | 5937 |
| division, if the amount is not paid within forty-five days after | 5938 |
| payment is due, the officer, employee, or agent shall certify the | 5939 |
| amount due to the attorney general, in the form and manner | 5940 |
| prescribed by the attorney general, and notify the director of | 5941 |
| budget and management thereof. In the case of an amount payable by | 5942 |
| a student enrolled in a state institution of higher education, the | 5943 |
| amount shall be certified within the later of forty-five days | 5944 |
| after the amount is due or the tenth day after the beginning of | 5945 |
| the next academic semester, quarter, or other session following | 5946 |
| the session for which the payment is payable. The attorney general | 5947 |
| may assess the collection cost to the amount certified in such | 5948 |
| manner and amount as prescribed by the attorney general. | 5949 |
| For the purposes of this section, the attorney general and | 5950 |
| the officer, employee, or agent responsible for administering the | 5951 |
| law under which the amount is payable shall agree on the time a | 5952 |
| payment is due, and that agreed upon time shall be one of the | 5953 |
| following times: | 5954 |
| (1) If a law, including an administrative rule, of this state | 5955 |
| prescribes the time a payment is required to be made or reported, | 5956 |
| when the payment is required by that law to be paid or reported. | 5957 |
| (2) If the payment is for services rendered, when the | 5958 |
| rendering of the services is completed. | 5959 |
| (3) If the payment is reimbursement for a loss, when the loss | 5960 |
| is incurred. | 5961 |
| (4) In the case of a fine or penalty for which a law or | 5962 |
| administrative rule does not prescribe a time for payment, when | 5963 |
| the fine or penalty is first assessed. | 5964 |
| (5) If the payment arises from a legal finding, judgment, or | 5965 |
| adjudication order, when the finding, judgment, or order is | 5966 |
| rendered or issued. | 5967 |
| (6) If the payment arises from an overpayment of money by the | 5968 |
| state to another person, when the overpayment is discovered. | 5969 |
| (7) The date on which the amount for which an individual is | 5970 |
| personally liable under section 5735.35, section 5739.33, or | 5971 |
| division (G) of section 5747.07 of the Revised Code is determined. | 5972 |
| (8) Upon proof of claim being filed in a bankruptcy case. | 5973 |
| (9) Any other appropriate time determined by the attorney | 5974 |
| general and the officer, employee, or agent responsible for | 5975 |
| administering the law under which the amount is payable on the | 5976 |
| basis of statutory requirements or ordinary business processes of | 5977 |
| the state agency to which the payment is owed. | 5978 |
| (B)(1) The attorney general shall give immediate notice by | 5979 |
| mail or otherwise to the party indebted of the nature and amount | 5980 |
| of the indebtedness. | 5981 |
| (2) If the amount payable to this state arises from a tax | 5982 |
| levied under Chapter 5733., 5739., 5741., or 5747. of the Revised | 5983 |
| Code, the notice also shall specify all of the following: | 5984 |
| (a) The assessment or case number; | 5985 |
| (b) The tax pursuant to which the assessment is made; | 5986 |
| (c) The reason for the liability, including, if applicable, | 5987 |
| that a penalty or interest is due; | 5988 |
| (d) An explanation of how and when interest will be added to | 5989 |
| the amount assessed; | 5990 |
| (e) That the attorney general and tax commissioner, acting | 5991 |
| together, have the authority, but are not required, to compromise | 5992 |
| the claim and accept payment over a reasonable time, if such | 5993 |
| actions are in the best interest of the state. | 5994 |
| (C) The attorney general shall collect the claim or secure a | 5995 |
| judgment and issue an execution for its collection. | 5996 |
| (D) Each claim shall bear interest, from the day on which the | 5997 |
| claim became due, at the rate per annum required by section | 5998 |
| 5703.47 of the Revised Code. | 5999 |
| (E) The attorney general and the chief officer of the agency | 6000 |
| reporting a claim, acting together, may do any of the following if | 6001 |
| such action is in the best interests of the state: | 6002 |
| (1) Compromise the claim; | 6003 |
| (2) Extend for a reasonable period the time for payment of | 6004 |
| the claim by agreeing to accept monthly or other periodic | 6005 |
| payments. The agreement may require security for payment of the | 6006 |
| claim. | 6007 |
| (3) Add fees to recover the cost of processing checks or | 6008 |
| other draft instruments returned for insufficient funds and the | 6009 |
| cost of providing electronic payment options. | 6010 |
| (F)(1) Except as provided in division (F)(2) of this section, | 6011 |
| if the attorney general finds, after investigation, that any claim | 6012 |
| due and owing to the state is uncollectible, the attorney general, | 6013 |
| with the consent of the chief officer of the agency reporting the | 6014 |
| claim, may do the following: | 6015 |
| (a) Sell, convey, or otherwise transfer the claim to one or | 6016 |
| more private entities for collection; | 6017 |
|
(b) Cancel the claim or cause it to be | 6018 |
| (2) The attorney general shall cancel or cause to be | 6019 |
| 6020 | |
| years after the date the claim is certified. | 6021 |
| (3) If information contained in a claim that is sold, | 6022 |
| conveyed, or transferred to a private entity pursuant to this | 6023 |
| section is confidential pursuant to federal law or a section of | 6024 |
| the Revised Code that implements a federal law governing | 6025 |
| confidentiality, such information remains subject to that law | 6026 |
| during and following the sale, conveyance, or transfer. | 6027 |
| Sec. 131.022. (A) As used in this section: | 6028 |
| (1) "Final overdue claim" means a claim that has been | 6029 |
| certified to the attorney general under section 131.02 of the | 6030 |
| Revised Code, that has been final for at least one year, and for | 6031 |
| which no arrangements have been made for the payment of the claim | 6032 |
| or, if arrangements for the payment of the claim have been made, | 6033 |
| the person owing the claim has failed to comply with the terms of | 6034 |
| the arrangement for more than thirty days. | 6035 |
| "Final overdue claim" includes collection costs incurred with | 6036 |
| respect to the claim that is the basis of the final overdue claim | 6037 |
| and assessed by the attorney general under division (A) of section | 6038 |
| 131.02 of the Revised Code, interest accreting to the claim under | 6039 |
| division (D) of that section, and fees added under division (E)(3) | 6040 |
| of that section. | 6041 |
| (2) "Final" means a claim has been finalized under the law | 6042 |
| providing for the imposition or determination of the amount due, | 6043 |
| and any time provided for appeal of the amount, legality, or | 6044 |
| validity of the claim has expired without an appeal having been | 6045 |
| filed in the manner provided by law. "Final" includes, but is not | 6046 |
| limited to, a final determination of the tax commissioner for | 6047 |
| which the time for appeal has expired without a notice of appeal | 6048 |
| having been filed. | 6049 |
| (B) If a claim is certified to the attorney general under | 6050 |
| section 131.02 of the Revised Code, at any time after the claim is | 6051 |
| a final overdue claim, the attorney general may, subject to the | 6052 |
| approval of the chief officer of the agency reporting the claim | 6053 |
| and of the controlling board, sell the claim to any person through | 6054 |
| a competitive process. If federal funds comprise all or a part of | 6055 |
| the claim, it may not be sold unless the chief officer determines | 6056 |
| that the sale of the claim will not have an adverse financial | 6057 |
| impact on the state due to any requirement of the state to repay | 6058 |
| the federal funds to the federal government. | 6059 |
| (C) The attorney general may consolidate any number of final | 6060 |
| overdue claims for sale under this section. | 6061 |
| (D) Not less than sixty days before first offering a final | 6062 |
| overdue claim for sale, the attorney general shall provide written | 6063 |
| notice, by ordinary mail, to the person owing the claim at that | 6064 |
| person's last known mailing address. The notice shall state the | 6065 |
| following: | 6066 |
| (1) The nature and amount of the claim; | 6067 |
| (2) The manner in which the person may contact the office of | 6068 |
| the attorney general to arrange terms for payment of the claim; | 6069 |
| (3) That if the person does not contact the office of the | 6070 |
| attorney general within sixty days after the date the notice is | 6071 |
| issued and arrange terms of payment of the claim all of the | 6072 |
| following apply: | 6073 |
| (a) The attorney general will offer the claim for sale to a | 6074 |
| private party for collection by that party by any legal means; | 6075 |
| (b) The person is deemed to be denied any right to seek and | 6076 |
| obtain a refund of any amount from which the claim arises if the | 6077 |
| applicable law otherwise allows for a refund of that nature; | 6078 |
| (c) Except as provided in division (I) of this section, the | 6079 |
| person is deemed to waive any right the person may have to | 6080 |
| confidentiality of information regarding the claim to the extent | 6081 |
| confidentiality is provided under any other section of the Revised | 6082 |
| Code. | 6083 |
| (E) Upon the sale of a final overdue claim under this | 6084 |
| section, the claim becomes the property of the purchaser, and the | 6085 |
| purchaser may sell or otherwise transfer the claim to any other | 6086 |
| person or otherwise dispose of the claim. The owner of the claim | 6087 |
| is entitled to all proceeds from the collection of the claim, | 6088 |
| except the owner of the claim shall reimburse the state for costs | 6089 |
| it incurs after the sale of the claim in assisting or facilitating | 6090 |
| the collection of the claim including, without limitation, costs | 6091 |
| of time expended by state employees. Purchasers or transferees of | 6092 |
| a final overdue claim are subject to any applicable laws governing | 6093 |
| collection of debts of the kind represented by the claim. | 6094 |
| (F) Upon the sale or transfer of a final overdue claim under | 6095 |
| this section, no refund shall be issued or paid to the person | 6096 |
| owing the claim for any part of the amount from which the claim | 6097 |
| arises. The sale or transfer of a claim under this section or | 6098 |
| division (F) of section 131.02 of the Revised Code shall not | 6099 |
| compromise any criminal, civil, or administrative action initiated | 6100 |
| by the state against any person owing the claim. | 6101 |
| (G) Except as provided in division (I) of this section, and | 6102 |
| notwithstanding any other section of the Revised Code, the | 6103 |
| attorney general, solely for the purpose of effecting the sale or | 6104 |
| transfer of a final overdue claim under this section, may disclose | 6105 |
| information about the person owing the claim that otherwise would | 6106 |
| be confidential under a section of the Revised Code, and the | 6107 |
| person shall have no right of action against that disclosure to | 6108 |
| the extent a right of that nature is available under that section. | 6109 |
| (H) The authority granted under this section is supplemental | 6110 |
| to the authority granted under section 131.02 of the Revised Code. | 6111 |
| (I) If information contained in a claim that is sold, | 6112 |
| conveyed, or transferred to a private entity pursuant to this | 6113 |
| section is confidential pursuant to federal law or a section of | 6114 |
| the Revised Code that implements a federal law governing | 6115 |
| confidentiality, such information remains subject to that law | 6116 |
| during and following the sale, conveyance, or transfer. A private | 6117 |
| entity to which a claim is sold, conveyed, or transferred is bound | 6118 |
| by all federal and state confidentiality requirements concerning | 6119 |
| such information. | 6120 |
| Sec. 131.33. No state agency shall incur an obligation which | 6121 |
| exceeds the agency's current appropriation authority. Unexpended | 6122 |
| balances of appropriations shall, at the close of the period for | 6123 |
| which the appropriations are made, revert to the funds from which | 6124 |
| the appropriations were made, except that the director of budget | 6125 |
| and management shall transfer such unexpended balances from the | 6126 |
| first fiscal year to the second fiscal year of an agency's | 6127 |
| appropriations to the extent necessary for voided warrants to be | 6128 |
| reissued pursuant to division (C) of section
| 6129 |
| Revised Code. | 6130 |
| Except as provided in this section, appropriations made to a | 6131 |
| specific fiscal year shall be expended only to pay liabilities | 6132 |
| incurred within that fiscal year. | 6133 |
| All payrolls shall be charged to the allotments of the fiscal | 6134 |
| quarters in which the applicable payroll vouchers are certified by | 6135 |
| the director of budget and management in accordance with section | 6136 |
| 126.07 of the Revised Code. As used in this section, "payrolls" | 6137 |
| means any payment made in accordance with section 125.21 of the | 6138 |
| Revised Code. | 6139 |
| Legal liabilities from prior fiscal years for which there is | 6140 |
| no reappropriation authority shall be discharged from the | 6141 |
| unencumbered balances of current appropriations. | 6142 |
| Sec. 133.01. As used in this chapter, in sections 9.95, | 6143 |
| 9.96, and 2151.655 of the Revised Code, in other sections of the | 6144 |
| Revised Code that make reference to this chapter unless the | 6145 |
| context does not permit, and in related proceedings, unless | 6146 |
| otherwise expressly provided: | 6147 |
| (A) "Acquisition" as applied to real or personal property | 6148 |
| includes, among other forms of acquisition, acquisition by | 6149 |
| exercise of a purchase option, and acquisition of interests in | 6150 |
| property, including, without limitation, easements and | 6151 |
| rights-of-way, and leasehold and other lease interests initially | 6152 |
| extending or extendable for a period of at least sixty months. | 6153 |
| (B) "Anticipatory securities" means securities, including | 6154 |
| notes, issued in anticipation of the issuance of other securities. | 6155 |
| (C) "Board of elections" means the county board of elections | 6156 |
| of the county in which the subdivision is located. If the | 6157 |
| subdivision is located in more than one county, "board of | 6158 |
| elections" means the county board of elections of the county that | 6159 |
| contains the largest portion of the population of the subdivision | 6160 |
| or that otherwise has jurisdiction in practice over and | 6161 |
| customarily handles election matters relating to the subdivision. | 6162 |
| (D) "Bond retirement fund" means the bond retirement fund | 6163 |
| provided for in section 5705.09 of the Revised Code, and also | 6164 |
| means a sinking fund or any other special fund, regardless of the | 6165 |
| name applied to it, established by or pursuant to law or the | 6166 |
| proceedings for the payment of debt charges. Provision may be made | 6167 |
| in the applicable proceedings for the establishment in a bond | 6168 |
| retirement fund of separate accounts relating to debt charges on | 6169 |
| particular securities, or on securities payable from the same or | 6170 |
| common sources, and for the application of moneys in those | 6171 |
| accounts only to specified debt charges on specified securities or | 6172 |
| categories of securities. Subject to law and any provisions in the | 6173 |
| applicable proceedings, moneys in a bond retirement fund or | 6174 |
| separate account in a bond retirement fund may be transferred to | 6175 |
| other funds and accounts. | 6176 |
| (E) "Capitalized interest" means all or a portion of the | 6177 |
| interest payable on securities from their date to a date stated or | 6178 |
| provided for in the applicable legislation, which interest is to | 6179 |
| be paid from the proceeds of the securities. | 6180 |
| (F) "Chapter 133. securities" means securities authorized by | 6181 |
| or issued pursuant to or in accordance with this chapter. | 6182 |
| (G) "County auditor" means the county auditor of the county | 6183 |
| in which the subdivision is located. If the subdivision is located | 6184 |
| in more than one county, "county auditor" means the county auditor | 6185 |
| of the county that contains the highest amount of the tax | 6186 |
| valuation of the subdivision or that otherwise has jurisdiction in | 6187 |
| practice over and customarily handles property tax matters | 6188 |
| relating to the subdivision. In the case of a county that has | 6189 |
| adopted a charter, "county auditor" means the officer who | 6190 |
| generally has the duties and functions provided in the Revised | 6191 |
| Code for a county auditor. | 6192 |
| (H) "Credit enhancement facilities" means letters of credit, | 6193 |
| lines of credit, stand-by, contingent, or firm securities purchase | 6194 |
| agreements, insurance, or surety arrangements, guarantees, and | 6195 |
| other arrangements that provide for direct or contingent payment | 6196 |
| of debt charges, for security or additional security in the event | 6197 |
| of nonpayment or default in respect of securities, or for making | 6198 |
| payment of debt charges to and at the option and on demand of | 6199 |
| securities holders or at the option of the issuer or upon certain | 6200 |
| conditions occurring under put or similar arrangements, or for | 6201 |
| otherwise supporting the credit or liquidity of the securities, | 6202 |
| and includes credit, reimbursement, marketing, remarketing, | 6203 |
| indexing, carrying, interest rate hedge, and subrogation | 6204 |
| agreements, and other agreements and arrangements for payment and | 6205 |
| reimbursement of the person providing the credit enhancement | 6206 |
| facility and the security for that payment and reimbursement. | 6207 |
| (I) "Current operating expenses" or "current expenses" means | 6208 |
| the lawful expenditures of a subdivision, except those for | 6209 |
| permanent improvements and for payments of debt charges of the | 6210 |
| subdivision. | 6211 |
| (J) "Debt charges" means the principal, including any | 6212 |
| mandatory sinking fund deposits and mandatory redemption payments, | 6213 |
| interest, and any redemption premium, payable on securities as | 6214 |
| those payments come due and are payable. The use of "debt charges" | 6215 |
| for this purpose does not imply that any particular securities | 6216 |
| constitute debt within the meaning of the Ohio Constitution or | 6217 |
| other laws. | 6218 |
| (K) "Financing costs" means all costs and expenses relating | 6219 |
| to the authorization, including any required election, issuance, | 6220 |
| sale, delivery, authentication, deposit, custody, clearing, | 6221 |
| registration, transfer, exchange, fractionalization, replacement, | 6222 |
| payment, and servicing of securities, including, without | 6223 |
| limitation, costs and expenses for or relating to publication and | 6224 |
| printing, postage, delivery, preliminary and final official | 6225 |
| statements, offering circulars, and informational statements, | 6226 |
| travel and transportation, underwriters, placement agents, | 6227 |
| investment bankers, paying agents, registrars, authenticating | 6228 |
| agents, remarketing agents, custodians, clearing agencies or | 6229 |
| corporations, securities depositories, financial advisory | 6230 |
| services, certifications, audits, federal or state regulatory | 6231 |
| agencies, accounting and computation services, legal services and | 6232 |
| obtaining approving legal opinions and other legal opinions, | 6233 |
| credit ratings, redemption premiums, and credit enhancement | 6234 |
| facilities. Financing costs may be paid from any moneys available | 6235 |
| for the purpose, including, unless otherwise provided in the | 6236 |
| proceedings, from the proceeds of the securities to which they | 6237 |
| relate and, as to future financing costs, from the same sources | 6238 |
| from which debt charges on the securities are paid and as though | 6239 |
| debt charges. | 6240 |
| (L) "Fiscal officer" means the following, or, in the case of | 6241 |
| absence or vacancy in the office, a deputy or assistant authorized | 6242 |
| by law or charter to act in the place of the named officer, or if | 6243 |
| there is no such authorization then the deputy or assistant | 6244 |
| authorized by legislation to act in the place of the named officer | 6245 |
| for purposes of this chapter, in the case of the following | 6246 |
| subdivisions: | 6247 |
| (1) A county, the county auditor; | 6248 |
| (2) A municipal corporation, the city auditor or village | 6249 |
| clerk or clerk-treasurer, or the officer who, by virtue of a | 6250 |
| charter, has the duties and functions provided in the Revised Code | 6251 |
| for the city auditor or village clerk or clerk-treasurer; | 6252 |
| (3) A school district, the treasurer of the board of | 6253 |
| education; | 6254 |
| (4) A regional water and sewer district, the secretary of the | 6255 |
| board of trustees; | 6256 |
| (5) A joint township hospital district, the treasurer of the | 6257 |
| district; | 6258 |
| (6) A joint ambulance district, the clerk of the board of | 6259 |
| trustees; | 6260 |
| (7) A joint recreation district, the person designated | 6261 |
| pursuant to section 755.15 of the Revised Code; | 6262 |
| (8) A detention facility district or a district organized | 6263 |
| under section 2151.65 of the Revised Code or a combined district | 6264 |
| organized under sections 2152.41 and 2151.65 of the Revised Code, | 6265 |
| the county auditor of the county designated by law to act as the | 6266 |
| auditor of the district; | 6267 |
| (9) A township, a fire district organized under division (C) | 6268 |
| of section 505.37 of the Revised Code, or a township police | 6269 |
| district, the fiscal officer of the township; | 6270 |
| (10) A joint fire district, the clerk of the board of | 6271 |
| trustees of that district; | 6272 |
| (11) A regional or county library district, the person | 6273 |
| responsible for the financial affairs of that district; | 6274 |
| (12) A joint solid waste management district, the fiscal | 6275 |
| officer appointed by the board of directors of the district under | 6276 |
| section 343.01 of the Revised Code; | 6277 |
| (13) A joint emergency medical services district, the person | 6278 |
| appointed as fiscal officer pursuant to division (D) of section | 6279 |
| 307.053 of the Revised Code; | 6280 |
| (14) A fire and ambulance district, the person appointed as | 6281 |
| fiscal officer under division (B) of section 505.375 of the | 6282 |
| Revised Code; | 6283 |
| (15) A subdivision described in division (MM)(17) of this | 6284 |
| section, the officer who is designated by law as or performs the | 6285 |
| functions of its chief fiscal officer. | 6286 |
| (M) "Fiscal year" has the same meaning as in section 9.34 of | 6287 |
| the Revised Code. | 6288 |
| (N) "Fractionalized interests in public obligations" means | 6289 |
| participations, certificates of participation, shares, or other | 6290 |
| instruments or agreements, separate from the public obligations | 6291 |
| themselves, evidencing ownership of interests in public | 6292 |
| obligations or of rights to receive payments of, or on account of, | 6293 |
| principal or interest or their equivalents payable by or on behalf | 6294 |
| of an obligor pursuant to public obligations. | 6295 |
| (O) "Fully registered securities" means securities in | 6296 |
| certificated or uncertificated form, registered as to both | 6297 |
| principal and interest in the name of the owner. | 6298 |
| (P) "Fund" means to provide for the payment of debt charges | 6299 |
| and expenses related to that payment at or prior to retirement by | 6300 |
| purchase, call for redemption, payment at maturity, or otherwise. | 6301 |
| (Q) "General obligation" means securities to the payment of | 6302 |
| debt charges on which the full faith and credit and the general | 6303 |
| property taxing power, including taxes within the tax limitation | 6304 |
| if available to the subdivision, of the subdivision are pledged. | 6305 |
| (R) "Interest" or "interest equivalent" means those payments | 6306 |
| or portions of payments, however denominated, that constitute or | 6307 |
| represent consideration for forbearing the collection of money, or | 6308 |
| for deferring the receipt of payment of money to a future time. | 6309 |
| (S) "Internal Revenue Code" means the "Internal Revenue Code | 6310 |
| of 1986," 100 Stat. 2085, 26 U.S.C.A. 1 et seq., as amended, and | 6311 |
| includes any laws of the United States providing for application | 6312 |
| of that code. | 6313 |
| (T) "Issuer" means any public issuer and any nonprofit | 6314 |
| corporation authorized to issue securities for or on behalf of any | 6315 |
| public issuer. | 6316 |
| (U) "Legislation" means an ordinance or resolution passed by | 6317 |
| a majority affirmative vote of the then members of the taxing | 6318 |
| authority unless a different vote is required by charter | 6319 |
| provisions governing the passage of the particular legislation by | 6320 |
| the taxing authority. | 6321 |
| (V) "Mandatory sinking fund redemption requirements" means | 6322 |
| amounts required by proceedings to be deposited in a bond | 6323 |
| retirement fund for the purpose of paying in any year or fiscal | 6324 |
| year by mandatory redemption prior to stated maturity the | 6325 |
| principal of securities that is due and payable, except for | 6326 |
| mandatory prior redemption requirements as provided in those | 6327 |
| proceedings, in a subsequent year or fiscal year. | 6328 |
| (W) "Mandatory sinking fund requirements" means amounts | 6329 |
| required by proceedings to be deposited in a year or fiscal year | 6330 |
| in a bond retirement fund for the purpose of paying the principal | 6331 |
| of securities that is due and payable in a subsequent year or | 6332 |
| fiscal year. | 6333 |
| (X) "Net indebtedness" has the same meaning as in division | 6334 |
| (A) of section 133.04 of the Revised Code. | 6335 |
| (Y) "Obligor," in the case of securities or fractionalized | 6336 |
| interests in public obligations issued by another person the debt | 6337 |
| charges or their equivalents on which are payable from payments | 6338 |
| made by a public issuer, means that public issuer. | 6339 |
| (Z) "One purpose" relating to permanent improvements means | 6340 |
| any one permanent improvement or group or category of permanent | 6341 |
| improvements for the same utility, enterprise, system, or project, | 6342 |
| development or redevelopment project, or for or devoted to the | 6343 |
| same general purpose, function, or use or for which | 6344 |
| self-supporting securities, based on the same or different sources | 6345 |
| of revenues, may be issued or for which special assessments may be | 6346 |
| levied by a single ordinance or resolution. "One purpose" | 6347 |
| includes, but is not limited to, in any case any off-street | 6348 |
| parking facilities relating to another permanent improvement, and: | 6349 |
| (1) Any number of roads, highways, streets, bridges, | 6350 |
| sidewalks, and viaducts; | 6351 |
| (2) Any number of off-street parking facilities; | 6352 |
| (3) In the case of a county, any number of permanent | 6353 |
| improvements for courthouse, jail, county offices, and other | 6354 |
| county buildings, and related facilities; | 6355 |
| (4) In the case of a school district, any number of | 6356 |
| facilities and buildings for school district purposes, and related | 6357 |
| facilities. | 6358 |
| (AA) "Outstanding," referring to securities, means securities | 6359 |
| that have been issued, delivered, and paid for, except any of the | 6360 |
| following: | 6361 |
| (1) Securities canceled upon surrender, exchange, or | 6362 |
| transfer, or upon payment or redemption; | 6363 |
| (2) Securities in replacement of which or in exchange for | 6364 |
| which other securities have been issued; | 6365 |
| (3) Securities for the payment, or redemption or purchase for | 6366 |
| cancellation prior to maturity, of which sufficient moneys or | 6367 |
| investments, in accordance with the applicable legislation or | 6368 |
| other proceedings or any applicable law, by mandatory sinking fund | 6369 |
| redemption requirements, mandatory sinking fund requirements, or | 6370 |
| otherwise, have been deposited, and credited for the purpose in a | 6371 |
| bond retirement fund or with a trustee or paying or escrow agent, | 6372 |
| whether at or prior to their maturity or redemption, and, in the | 6373 |
| case of securities to be redeemed prior to their stated maturity, | 6374 |
| notice of redemption has been given or satisfactory arrangements | 6375 |
| have been made for giving notice of that redemption, or waiver of | 6376 |
| that notice by or on behalf of the affected security holders has | 6377 |
| been filed with the subdivision or its agent for the purpose. | 6378 |
| (BB) "Paying agent" means the one or more banks, trust | 6379 |
| companies, or other financial institutions or qualified persons, | 6380 |
| including an appropriate office or officer of the subdivision, | 6381 |
| designated as a paying agent or place of payment of debt charges | 6382 |
| on the particular securities. | 6383 |
| (CC) "Permanent improvement" or "improvement" means any | 6384 |
| property, asset, or improvement certified by the fiscal officer, | 6385 |
| which certification is conclusive, as having an estimated life or | 6386 |
| period of usefulness of five years or more, and includes, but is | 6387 |
| not limited to, real estate, buildings, and personal property and | 6388 |
| interests in real estate, buildings, and personal property, | 6389 |
| equipment, furnishings, and site improvements, and reconstruction, | 6390 |
| rehabilitation, renovation, installation, improvement, | 6391 |
| enlargement, and extension of property, assets, or improvements so | 6392 |
| certified as having an estimated life or period of usefulness of | 6393 |
| five years or more. The acquisition of all the stock ownership of | 6394 |
| a corporation is the acquisition of a permanent improvement to the | 6395 |
| extent that the value of that stock is represented by permanent | 6396 |
| improvements. A permanent improvement for parking, highway, road, | 6397 |
| and street purposes includes resurfacing, but does not include | 6398 |
| ordinary repair. | 6399 |
| (DD) "Person" has the same meaning as in section 1.59 of the | 6400 |
| Revised Code and also includes any federal, state, interstate, | 6401 |
| regional, or local governmental agency, any subdivision, and any | 6402 |
| combination of those persons. | 6403 |
| (EE) "Proceedings" means the legislation, certifications, | 6404 |
| notices, orders, sale proceedings, trust agreement or indenture, | 6405 |
| mortgage, lease, lease-purchase agreement, assignment, credit | 6406 |
| enhancement facility agreements, and other agreements, | 6407 |
| instruments, and documents, as amended and supplemented, and any | 6408 |
| election proceedings, authorizing, or providing for the terms and | 6409 |
| conditions applicable to, or providing for the security or sale or | 6410 |
| award of, public obligations, and includes the provisions set | 6411 |
| forth or incorporated in those public obligations and proceedings. | 6412 |
| (FF) "Public issuer" means any of the following that is | 6413 |
| authorized by law to issue securities or enter into public | 6414 |
| obligations: | 6415 |
| (1) The state, including an agency, commission, officer, | 6416 |
| institution, board, authority, or other instrumentality of the | 6417 |
| state; | 6418 |
| (2) A taxing authority, subdivision, district, or other local | 6419 |
| public or governmental entity, and any combination or consortium, | 6420 |
| or public division, district, commission, authority, department, | 6421 |
| board, officer, or institution, thereof; | 6422 |
| (3) Any other body corporate and politic, or other public | 6423 |
| entity. | 6424 |
| (GG) "Public obligations" means both of the following: | 6425 |
| (1) Securities; | 6426 |
| (2) Obligations of a public issuer to make payments under | 6427 |
| installment sale, lease, lease purchase, or similar agreements, | 6428 |
| which obligations bear interest or interest equivalent. | 6429 |
| (HH) "Refund" means to fund and retire outstanding | 6430 |
| securities, including advance refunding with or without payment or | 6431 |
| redemption prior to maturity. | 6432 |
| (II) "Register" means the books kept and maintained by the | 6433 |
| registrar for registration, exchange, and transfer of registered | 6434 |
| securities. | 6435 |
| (JJ) "Registrar" means the person responsible for keeping the | 6436 |
| register for the particular registered securities, designated by | 6437 |
| or pursuant to the proceedings. | 6438 |
| (KK) "Securities" means bonds, notes, certificates of | 6439 |
| indebtedness, commercial paper, and other instruments in writing, | 6440 |
| including, unless the context does not admit, anticipatory | 6441 |
| securities, issued by an issuer to evidence its obligation to | 6442 |
| repay money borrowed, or to pay interest, by, or to pay at any | 6443 |
| future time other money obligations of, the issuer of the | 6444 |
| securities, but not including public obligations described in | 6445 |
| division (GG)(2) of this section. | 6446 |
| (LL) "Self-supporting securities" means securities or | 6447 |
| portions of securities issued for the purpose of paying costs of | 6448 |
| permanent improvements to the extent that receipts of the | 6449 |
| subdivision, other than the proceeds of taxes levied by that | 6450 |
| subdivision, derived from or with respect to the improvements or | 6451 |
| the operation of the improvements being financed, or the | 6452 |
| enterprise, system, project, or category of improvements of which | 6453 |
| the improvements being financed are part, are estimated by the | 6454 |
| fiscal officer to be sufficient to pay the current expenses of | 6455 |
| that operation or of those improvements or enterprise, system, | 6456 |
| project, or categories of improvements and the debt charges | 6457 |
| payable from those receipts on securities issued for the purpose. | 6458 |
| Until such time as the improvements or increases in rates and | 6459 |
| charges have been in operation or effect for a period of at least | 6460 |
| six months, the receipts therefrom, for purposes of this | 6461 |
| definition, shall be those estimated by the fiscal officer, except | 6462 |
| that those receipts may include, without limitation, payments made | 6463 |
| and to be made to the subdivision under leases or agreements in | 6464 |
| effect at the time the estimate is made. In the case of an | 6465 |
| operation, improvements, or enterprise, system, project, or | 6466 |
| category of improvements without at least a six-month history of | 6467 |
| receipts, the estimate of receipts by the fiscal officer, other | 6468 |
| than those to be derived under leases and agreements then in | 6469 |
| effect, shall be confirmed by the taxing authority. | 6470 |
| (MM) "Subdivision" means any of the following: | 6471 |
| (1) A county, including a county that has adopted a charter | 6472 |
| under Article X, Ohio Constitution; | 6473 |
| (2) A municipal corporation, including a municipal | 6474 |
| corporation that has adopted a charter under Article XVIII, Ohio | 6475 |
| Constitution; | 6476 |
| (3) A school district; | 6477 |
| (4) A regional water and sewer district organized under | 6478 |
| Chapter 6119. of the Revised Code; | 6479 |
| (5) A joint township hospital district organized under | 6480 |
| section 513.07 of the Revised Code; | 6481 |
| (6) A joint ambulance district organized under section 505.71 | 6482 |
| of the Revised Code; | 6483 |
| (7) A joint recreation district organized under division (C) | 6484 |
| of section 755.14 of the Revised Code; | 6485 |
| (8) A detention facility district organized under section | 6486 |
| 2152.41, a district organized under section 2151.65, or a combined | 6487 |
| district organized under sections 2152.41 and 2151.65 of the | 6488 |
| Revised Code; | 6489 |
| (9) A township police district organized under section 505.48 | 6490 |
| of the Revised Code; | 6491 |
| (10) A township; | 6492 |
| (11) A joint fire district organized under section 505.371 of | 6493 |
| the Revised Code; | 6494 |
| (12) A county library district created under section 3375.19 | 6495 |
| or a regional library district created under section 3375.28 of | 6496 |
| the Revised Code; | 6497 |
| (13) A joint solid waste management district organized under | 6498 |
| section 343.01 or 343.012 of the Revised Code; | 6499 |
| (14) A joint emergency medical services district organized | 6500 |
| under section 307.052 of the Revised Code; | 6501 |
| (15) A fire and ambulance district organized under section | 6502 |
| 505.375 of the Revised Code; | 6503 |
| (16) A fire district organized under division (C) of section | 6504 |
| 505.37 of the Revised Code; | 6505 |
| (17) Any other political subdivision or taxing district or | 6506 |
| other local public body or agency authorized by this chapter or | 6507 |
| other laws to issue Chapter 133. securities. | 6508 |
| (NN) "Taxing authority" means in the case of the following | 6509 |
| subdivisions: | 6510 |
| (1) A county, a county library district, or a regional | 6511 |
| library district, the board or boards of county commissioners, or | 6512 |
| other legislative authority of a county that has adopted a charter | 6513 |
| under Article X, Ohio Constitution, but with respect to such a | 6514 |
| library district acting solely as agent for the board of trustees | 6515 |
| of that district; | 6516 |
| (2) A municipal corporation, the legislative authority; | 6517 |
| (3) A school district, the board of education; | 6518 |
| (4) A regional water and sewer district, a joint ambulance | 6519 |
| district, a joint recreation district, a fire and ambulance | 6520 |
| district, or a joint fire district, the board of trustees of the | 6521 |
| district; | 6522 |
| (5) A joint township hospital district, the joint township | 6523 |
| hospital board; | 6524 |
| (6) A detention facility district or a district organized | 6525 |
| under section 2151.65 of the Revised Code, a combined district | 6526 |
| organized under sections 2152.41 and 2151.65 of the Revised Code, | 6527 |
| or a joint emergency medical services district, the joint board of | 6528 |
| county commissioners; | 6529 |
| (7) A township, a fire district organized under division (C) | 6530 |
| of section 505.37 of the Revised Code, or a township police | 6531 |
| district, the board of township trustees; | 6532 |
| (8) A joint solid waste management district organized under | 6533 |
| section 343.01 or 343.012 of the Revised Code, the board of | 6534 |
| directors of the district; | 6535 |
| (9) A subdivision described in division (MM)(17) of this | 6536 |
| section, the legislative or governing body or official. | 6537 |
| (OO) "Tax limitation" means the "ten-mill limitation" as | 6538 |
| defined in section 5705.02 of the Revised Code without diminution | 6539 |
| by reason of section 5705.313 of the Revised Code or otherwise, | 6540 |
| or, in the case of a municipal corporation or county with a | 6541 |
| different charter limitation on property taxes levied to pay debt | 6542 |
| charges on unvoted securities, that charter limitation. Those | 6543 |
| limitations shall be respectively referred to as the "ten-mill | 6544 |
| limitation" and the "charter tax limitation." | 6545 |
| (PP) "Tax valuation" means the aggregate of the valuations of | 6546 |
| property subject to ad valorem property taxation by the | 6547 |
| subdivision on the real property, personal property, and public | 6548 |
| utility property tax lists and duplicates most recently certified | 6549 |
| for collection, and shall be calculated without deductions of the | 6550 |
| valuations of otherwise taxable property exempt in whole or in | 6551 |
| part from taxation by reason of exemptions of certain amounts of | 6552 |
| taxable value under division (C) of section 5709.01 or section | 6553 |
| 323.152 of the Revised Code, or similar laws now or in the future | 6554 |
| in effect. | 6555 |
| For purposes of section 133.06 of the Revised Code, "tax | 6556 |
| valuation" shall not include the valuation of tangible personal | 6557 |
| property used in business, telephone or telegraph property, | 6558 |
| interexchange telecommunications company property, or personal | 6559 |
| property owned or leased by a railroad company and used in | 6560 |
| railroad operations listed under or described in section 5711.22, | 6561 |
| division (B) or (F) of section 5727.111, or section 5727.12 of the | 6562 |
| Revised Code. | 6563 |
| (QQ) "Year" means the calendar year. | 6564 |
| (RR) "Administrative agent," "agent," "commercial paper," | 6565 |
| "floating rate interest structure," "indexing agent," "interest | 6566 |
| rate hedge," "interest rate period," "put arrangement," and | 6567 |
| "remarketing agent" have the same meanings as in section 9.98 of | 6568 |
| the Revised Code. | 6569 |
| (SS) "Sales tax supported" means obligations to the payment | 6570 |
| of debt charges on which an additional sales tax or additional | 6571 |
| sales taxes have been pledged by the taxing authority of a county | 6572 |
| pursuant to section 133.081 of the Revised Code. | 6573 |
| Sec. 133.04. (A) As used in this chapter, "net indebtedness" | 6574 |
| means, as determined pursuant to this section, the principal | 6575 |
| amount of the outstanding securities of a subdivision less the | 6576 |
| amount held in a bond retirement fund to the extent such amount is | 6577 |
| not taken into account in determining the principal amount | 6578 |
| outstanding under division (AA) of section 133.01 of the Revised | 6579 |
| Code. For purposes of this definition, the principal amount of | 6580 |
| outstanding securities includes the principal amount of | 6581 |
| outstanding securities of another subdivision apportioned to the | 6582 |
| subdivision as a result of acquisition of territory, and excludes | 6583 |
| the principal amount of outstanding securities of the subdivision | 6584 |
| apportioned to another subdivision as a result of loss of | 6585 |
| territory and the payment or reimbursement obligations of the | 6586 |
| subdivision under credit enhancement facilities relating to | 6587 |
| outstanding securities. | 6588 |
| (B) In calculating the net indebtedness of a subdivision, | 6589 |
| none of the following securities, including anticipatory | 6590 |
| securities issued in anticipation of their issuance, shall be | 6591 |
| considered: | 6592 |
| (1) Securities issued in anticipation of the levy or | 6593 |
| collection of special assessments, either in original or refunded | 6594 |
| form; | 6595 |
| (2) Securities issued in anticipation of the collection of | 6596 |
| current revenues for the fiscal year or other period not to exceed | 6597 |
| twelve consecutive months, or securities issued in anticipation of | 6598 |
| the collection of the proceeds from a specifically identified | 6599 |
| voter-approved tax levy; | 6600 |
| (3) Securities issued for purposes described in section | 6601 |
| 133.12 of the Revised Code; | 6602 |
| (4) Securities issued under Chapter 122., 140., 165., 725., | 6603 |
| or 761. or section 131.23 of the Revised Code; | 6604 |
| (5) Securities issued to pay final judgments or | 6605 |
| court-approved settlements under authorizing laws and securities | 6606 |
| issued under section 2744.081 of the Revised Code; | 6607 |
| (6) Securities issued to pay costs of permanent improvements | 6608 |
| to the extent they are issued in anticipation of the receipt of, | 6609 |
| and are payable as to principal from, federal or state grants or | 6610 |
| distributions for, or legally available for, that principal or for | 6611 |
| the costs of those permanent improvements; | 6612 |
| (7) Securities issued to evidence loans from the state | 6613 |
| capital improvements fund pursuant to Chapter 164. of the Revised | 6614 |
| Code or from the state infrastructure bank pursuant to section | 6615 |
| 5531.09 of the Revised Code; | 6616 |
| (8) That percentage of the principal amount of general | 6617 |
| obligation securities issued by a county, township, or municipal | 6618 |
| corporation to pay the costs of permanent improvements equal to | 6619 |
| the percentage of the debt charges on those securities payable | 6620 |
| during the current fiscal year that the fiscal officer estimates | 6621 |
| can be paid during the current fiscal year from payments in lieu | 6622 |
| of taxes under section 1728.11, 1728.111, 5709.42, 5709.74, or | 6623 |
| 5709.79 of the Revised Code, and that the legislation authorizing | 6624 |
| the issuance of the securities pledges or covenants will be used | 6625 |
| for the payment of those debt charges; provided that the amount | 6626 |
| excluded from consideration under division (B)(8) of this section | 6627 |
| shall not exceed the lesser of thirty million dollars or one-half | 6628 |
| per cent of the subdivision's tax valuation in the case of a | 6629 |
| county or township, or one and one-tenth per cent of the | 6630 |
| subdivision's tax valuation in the case of a municipal | 6631 |
| corporation; | 6632 |
| (9) Securities issued in an amount equal to the property tax | 6633 |
| replacement payments received under section 5727.85 or 5727.86 of | 6634 |
| the Revised Code; | 6635 |
| | 6636 |
| tax replacement payments received under section 5751.21 or 5751.22 | 6637 |
| of the Revised Code; | 6638 |
| (11) Other securities, including self-supporting securities, | 6639 |
| excepted by law from the calculation of net indebtedness or from | 6640 |
| the application of this chapter; | 6641 |
| | 6642 |
| 1989, and then excepted from the calculation of net indebtedness | 6643 |
| or from the application of this chapter, and securities issued at | 6644 |
| any time to fund or refund those securities. | 6645 |
| Sec. 133.06. (A) A school district shall not incur, without | 6646 |
| a vote of the electors, net indebtedness that exceeds an amount | 6647 |
| equal to one-tenth of one per cent of its tax valuation, except as | 6648 |
| provided in divisions (G) and (H) of this section and in division | 6649 |
| (C) of section 3313.372 of the Revised Code, or as prescribed in | 6650 |
| section 3318.052 of the Revised Code, or as provided in division | 6651 |
| (J) of this section. | 6652 |
| (B) Except as provided in divisions (E), (F), and (I) of this | 6653 |
| section, a school district shall not incur net indebtedness that | 6654 |
| exceeds an amount equal to nine per cent of its tax valuation. | 6655 |
| (C) A school district shall not submit to a vote of the | 6656 |
| electors the question of the issuance of securities in an amount | 6657 |
| that will make the district's net indebtedness after the issuance | 6658 |
| of the securities exceed an amount equal to four per cent of its | 6659 |
| tax valuation, unless the superintendent of public instruction, | 6660 |
| acting under policies adopted by the state board of education, and | 6661 |
| the tax commissioner, acting under written policies of the | 6662 |
| commissioner, consent to the submission. A request for the | 6663 |
|
consents shall be made at least | 6664 |
| to the election
at which the question is to be submitted | 6665 |
| 6666 | |
| 6667 | |
| 6668 | |
| 6669 |
| The superintendent of public instruction shall certify to the | 6670 |
| district the superintendent's and the tax commissioner's decisions | 6671 |
| within thirty days after receipt of the request for consents. | 6672 |
| If the electors do not approve the issuance of securities at | 6673 |
| the election for which the superintendent of public instruction | 6674 |
| and tax commissioner consented to the submission of the question, | 6675 |
| the school district may submit the same question to the electors | 6676 |
| on the date that the next special election may be held under | 6677 |
| section 3501.01 of the Revised Code without submitting a new | 6678 |
| request for consent. If the school district seeks to submit the | 6679 |
| same question at any other subsequent election, the district shall | 6680 |
| first submit a new request for consent in accordance with this | 6681 |
| division. | 6682 |
| (D) In calculating the net indebtedness of a school district, | 6683 |
| none of the following shall be considered: | 6684 |
| (1) Securities issued to acquire school buses and other | 6685 |
| equipment used in transporting pupils or issued pursuant to | 6686 |
| division (D) of section 133.10 of the Revised Code; | 6687 |
| (2) Securities issued under division (F) of this section, | 6688 |
| under section 133.301 of the Revised Code, and, to the extent in | 6689 |
| excess of the limitation stated in division (B) of this section, | 6690 |
| under division (E) of this section; | 6691 |
| (3) Indebtedness resulting from the dissolution of a joint | 6692 |
| vocational school district under section 3311.217 of the Revised | 6693 |
| Code, evidenced by outstanding securities of that joint vocational | 6694 |
| school district; | 6695 |
| (4) Loans, evidenced by any securities, received under | 6696 |
| sections 3313.483, 3317.0210, 3317.0211, and 3317.64 of the | 6697 |
| Revised Code; | 6698 |
| (5) Debt incurred under section 3313.374 of the Revised Code; | 6699 |
| (6) Debt incurred pursuant to division (B)(5) of section | 6700 |
| 3313.37 of the Revised Code to acquire computers and related | 6701 |
| hardware; | 6702 |
| (7) Debt incurred under section 3318.042 of the Revised Code. | 6703 |
| (E) A school district may become a special needs district as | 6704 |
| to certain securities as provided in division (E) of this section. | 6705 |
| (1) A board of education, by resolution, may declare its | 6706 |
| school district to be a special needs district by determining both | 6707 |
| of the following: | 6708 |
| (a) The student population is not being adequately serviced | 6709 |
| by the existing permanent improvements of the district. | 6710 |
| (b) The district cannot obtain sufficient funds by the | 6711 |
| issuance of securities within the limitation of division (B) of | 6712 |
| this section to provide additional or improved needed permanent | 6713 |
| improvements in time to meet the needs. | 6714 |
| (2) The board of education shall certify a copy of that | 6715 |
| resolution to the superintendent of public instruction with a | 6716 |
| statistical report showing all of the following: | 6717 |
| (a) A history of and a projection of the growth of the | 6718 |
| student population; | 6719 |
| (b) The history of and a projection of the growth of the tax | 6720 |
| valuation; | 6721 |
| (c) The projected needs; | 6722 |
| (d) The estimated cost of permanent improvements proposed to | 6723 |
| meet such projected needs. | 6724 |
| (3) The superintendent of public instruction shall certify | 6725 |
| the district as an approved special needs district if the | 6726 |
| superintendent finds both of the following: | 6727 |
| (a) The district does not have available sufficient | 6728 |
| additional funds from state or federal sources to meet the | 6729 |
| projected needs. | 6730 |
| (b) The projection of the potential average growth of tax | 6731 |
| valuation during the next five years, according to the information | 6732 |
| certified to the superintendent and any other information the | 6733 |
| superintendent obtains, indicates a likelihood of potential | 6734 |
| average growth of tax valuation of the district during the next | 6735 |
| five years of an average of not less than three per cent per year. | 6736 |
| The findings and certification of the superintendent shall be | 6737 |
| conclusive. | 6738 |
| (4) An approved special needs district may incur net | 6739 |
| indebtedness by the issuance of securities in accordance with the | 6740 |
| provisions of this chapter in an amount that does not exceed an | 6741 |
| amount equal to the greater of the following: | 6742 |
| (a) Nine per cent of the sum of its tax valuation plus an | 6743 |
| amount that is the product of multiplying that tax valuation by | 6744 |
| the percentage by which the tax valuation has increased over the | 6745 |
| tax valuation on the first day of the sixtieth month preceding the | 6746 |
| month in which its board determines to submit to the electors the | 6747 |
| question of issuing the proposed securities; | 6748 |
| (b) Nine per cent of the sum of its tax valuation plus an | 6749 |
| amount that is the product of multiplying that tax valuation by | 6750 |
| the percentage, determined by the superintendent of public | 6751 |
| instruction, by which that tax valuation is projected to increase | 6752 |
| during the next ten years. | 6753 |
| (F) A school district may issue securities for emergency | 6754 |
| purposes, in a principal amount that does not exceed an amount | 6755 |
| equal to three per cent of its tax valuation, as provided in this | 6756 |
| division. | 6757 |
| (1) A board of education, by resolution, may declare an | 6758 |
| emergency if it determines both of the following: | 6759 |
| (a) School buildings or other necessary school facilities in | 6760 |
| the district have been wholly or partially destroyed, or condemned | 6761 |
| by a constituted public authority, or that such buildings or | 6762 |
| facilities are partially constructed, or so constructed or planned | 6763 |
| as to require additions and improvements to them before the | 6764 |
| buildings or facilities are usable for their intended purpose, or | 6765 |
| that corrections to permanent improvements are necessary to remove | 6766 |
| or prevent health or safety hazards. | 6767 |
| (b) Existing fiscal and net indebtedness limitations make | 6768 |
| adequate replacement, additions, or improvements impossible. | 6769 |
| (2) Upon the declaration of an emergency, the board of | 6770 |
| education may, by resolution, submit to the electors of the | 6771 |
| district pursuant to section 133.18 of the Revised Code the | 6772 |
| question of issuing securities for the purpose of paying the cost, | 6773 |
| in excess of any insurance or condemnation proceeds received by | 6774 |
| the district, of permanent improvements to respond to the | 6775 |
| emergency need. | 6776 |
| (3) The procedures for the election shall be as provided in | 6777 |
| section 133.18 of the Revised Code, except that: | 6778 |
| (a) The form of the ballot shall describe the emergency | 6779 |
| existing, refer to this division as the authority under which the | 6780 |
| emergency is declared, and state that the amount of the proposed | 6781 |
| securities exceeds the limitations prescribed by division (B) of | 6782 |
| this section; | 6783 |
| (b) The resolution required by division (B) of section 133.18 | 6784 |
| of the Revised Code shall be certified to the county auditor and | 6785 |
| the board of elections at least seventy-five days prior to the | 6786 |
| election; | 6787 |
| (c) The county auditor shall advise and, not later than | 6788 |
| sixty-five days before the election, confirm that advice by | 6789 |
| certification to, the board of education of the information | 6790 |
| required by division (C) of section 133.18 of the Revised Code; | 6791 |
| (d) The board of education shall then certify its resolution | 6792 |
| and the information required by division (D) of section 133.18 of | 6793 |
| the Revised Code to the board of elections not less than sixty | 6794 |
| days prior to the election. | 6795 |
| (4) Notwithstanding division (B) of section 133.21 of the | 6796 |
| Revised Code, the first principal payment of securities issued | 6797 |
| under this division may be set at any date not later than sixty | 6798 |
| months after the earliest possible principal payment otherwise | 6799 |
| provided for in that division. | 6800 |
| (G) The board of education may contract with an architect, | 6801 |
| professional engineer, or other person experienced in the design | 6802 |
| and implementation of energy conservation measures for an analysis | 6803 |
| and recommendations pertaining to installations, modifications of | 6804 |
| installations, or remodeling that would significantly reduce | 6805 |
| energy consumption in buildings owned by the district. The report | 6806 |
| shall include estimates of all costs of such installations, | 6807 |
| modifications, or remodeling, including costs of design, | 6808 |
| engineering, installation, maintenance, repairs, and debt service, | 6809 |
| and estimates of the amounts by which energy consumption and | 6810 |
| resultant operational and maintenance costs, as defined by the | 6811 |
| Ohio school facilities commission, would be reduced. | 6812 |
| If the board finds after receiving the report that the amount | 6813 |
| of money the district would spend on such installations, | 6814 |
| modifications, or remodeling is not likely to exceed the amount of | 6815 |
| money it would save in energy and resultant operational and | 6816 |
| maintenance costs over the ensuing fifteen years, the board may | 6817 |
| submit to the commission a copy of its findings and a request for | 6818 |
| approval to incur indebtedness to finance the making or | 6819 |
| modification of installations or the remodeling of buildings for | 6820 |
| the purpose of significantly reducing energy consumption. | 6821 |
| If the commission determines that the board's findings are | 6822 |
| reasonable, it shall approve the board's request. Upon receipt of | 6823 |
| the commission's approval, the district may issue securities | 6824 |
| without a vote of the electors in a principal amount not to exceed | 6825 |
| nine-tenths of one per cent of its tax valuation for the purpose | 6826 |
| of making such installations, modifications, or remodeling, but | 6827 |
| the total net indebtedness of the district without a vote of the | 6828 |
| electors incurred under this and all other sections of the Revised | 6829 |
| Code, except section 3318.052 of the Revised Code, shall not | 6830 |
| exceed one per cent of the district's tax valuation. | 6831 |
| So long as any securities issued under division (G) of this | 6832 |
| section remain outstanding, the board of education shall monitor | 6833 |
| the energy consumption and resultant operational and maintenance | 6834 |
| costs of buildings in which installations or modifications have | 6835 |
| been made or remodeling has been done pursuant to division (G) of | 6836 |
| this section and shall maintain and annually update a report | 6837 |
| documenting the reductions in energy consumption and resultant | 6838 |
| operational and maintenance cost savings attributable to such | 6839 |
| installations, modifications, or remodeling. The report shall be | 6840 |
| certified by an architect or engineer independent of any person | 6841 |
| that provided goods or services to the board in connection with | 6842 |
| the energy conservation measures that are the subject of the | 6843 |
| report. The resultant operational and maintenance cost savings | 6844 |
| shall be certified by the school district treasurer. The report | 6845 |
| shall be made available to the commission upon request. | 6846 |
| (H) With the consent of the superintendent of public | 6847 |
| instruction, a school district may incur without a vote of the | 6848 |
| electors net indebtedness that exceeds the amounts stated in | 6849 |
| divisions (A) and (G) of this section for the purpose of paying | 6850 |
| costs of permanent improvements, if and to the extent that both of | 6851 |
| the following conditions are satisfied: | 6852 |
| (1) The fiscal officer of the school district estimates that | 6853 |
| receipts of the school district from payments made under or | 6854 |
| pursuant to agreements entered into pursuant to section 725.02, | 6855 |
| 1728.10, 3735.671, 5709.081, 5709.082, 5709.40, 5709.41, 5709.62, | 6856 |
| 5709.63, 5709.632, 5709.73, 5709.78, or 5709.82 of the Revised | 6857 |
| Code, or distributions under division (C) of section 5709.43 of | 6858 |
| the Revised Code, or any combination thereof, are, after | 6859 |
| accounting for any appropriate coverage requirements, sufficient | 6860 |
| in time and amount, and are committed by the proceedings, to pay | 6861 |
| the debt charges on the securities issued to evidence that | 6862 |
| indebtedness and payable from those receipts, and the taxing | 6863 |
| authority of the district confirms the fiscal officer's estimate, | 6864 |
| which confirmation is approved by the superintendent of public | 6865 |
| instruction; | 6866 |
| (2) The fiscal officer of the school district certifies, and | 6867 |
| the taxing authority of the district confirms, that the district, | 6868 |
| at the time of the certification and confirmation, reasonably | 6869 |
| expects to have sufficient revenue available for the purpose of | 6870 |
| operating such permanent improvements for their intended purpose | 6871 |
| upon acquisition or completion thereof, and the superintendent of | 6872 |
| public instruction approves the taxing authority's confirmation. | 6873 |
| The maximum maturity of securities issued under division (H) | 6874 |
| of this section shall be the lesser of twenty years or the maximum | 6875 |
| maturity calculated under section 133.20 of the Revised Code. | 6876 |
| (I) A school district may incur net indebtedness by the | 6877 |
| issuance of securities in accordance with the provisions of this | 6878 |
| chapter in excess of the limit specified in division (B) or (C) of | 6879 |
| this section when necessary to raise the school district portion | 6880 |
|
of the
basic project cost | 6881 |
| necessary to participate in a project under Chapter 3318. of the | 6882 |
| Revised Code, including the cost of items designated by the Ohio | 6883 |
| school facilities commission as required locally funded | 6884 |
| initiatives and the cost for site acquisition. The school | 6885 |
| facilities commission shall notify the superintendent of public | 6886 |
| instruction whenever a school district will exceed either limit | 6887 |
| pursuant to this division. | 6888 |
| (J) A school district whose portion of the basic project cost | 6889 |
| of its classroom facilities project under sections 3318.01 to | 6890 |
| 3318.20 of the Revised Code is greater than or equal to one | 6891 |
| hundred million dollars may incur without a vote of the electors | 6892 |
| net indebtedness in an amount up to two per cent of its tax | 6893 |
| valuation through the issuance of general obligation securities in | 6894 |
| order to generate all or part of the amount of its portion of the | 6895 |
| basic project cost if the controlling board has approved the | 6896 |
| school facilities commission's conditional approval of the project | 6897 |
| under section 3318.04 of the Revised Code. The school district | 6898 |
| board and the Ohio school facilities commission shall include the | 6899 |
| dedication of the proceeds of such securities in the agreement | 6900 |
| entered into under section 3318.08 of the Revised Code. No state | 6901 |
| moneys shall be released for a project to which this section | 6902 |
| applies until the proceeds of any bonds issued under this section | 6903 |
| that are dedicated for the payment of the school district portion | 6904 |
| of the project are first deposited into the school district's | 6905 |
| project construction fund. | 6906 |
| Sec. 133.12. (A) If the tax commissioner determines that | 6907 |
| funds are not otherwise available for the purpose, the taxing | 6908 |
| authority of a subdivision having general property taxing power | 6909 |
| may issue general obligation securities in case of any of the | 6910 |
| following: | 6911 |
| (1) An epidemic or threatened epidemic, or during an unusual | 6912 |
| prevalence of a dangerous communicable disease, to defray those | 6913 |
| expenses that the board of health having jurisdiction within the | 6914 |
| subdivision considers necessary to prevent the spread of the | 6915 |
| epidemic or disease; | 6916 |
| (2) The destruction of an essential permanent improvement by | 6917 |
| fire, flood, or extraordinary catastrophe, to provide temporary | 6918 |
| necessary facilities in place of that permanent improvement; | 6919 |
| (3) A special election called after the adoption of the | 6920 |
| annual appropriation measure, to pay the costs of that election | 6921 |
| payable by the subdivision; | 6922 |
| (4) Within a quarantined area, the outbreak or infestation of | 6923 |
| the pest for which the quarantined area was established, to defray | 6924 |
| those expenses that the subdivision considers necessary to combat | 6925 |
| the pest, including removal or complete destruction of plants that | 6926 |
| are dead or dying from the pest. | 6927 |
| (B) One-half of the principal amount of the securities issued | 6928 |
| under this section prior to the effective date of this amendment | 6929 |
| shall mature on the first day of June next following the next | 6930 |
| February tax settlement at which, in accordance with the statutory | 6931 |
| tax budget procedure, a property tax to pay the debt charges on | 6932 |
| the securities can be included in the budget, and the other | 6933 |
| one-half of the principal amount shall mature on the next | 6934 |
| following first day of December. The last maturity of the | 6935 |
| securities issued under this section on and after the effective | 6936 |
| date of this amendment shall be not later than the last day of | 6937 |
| December of the tenth year following the year in which the | 6938 |
| securities are first issued. A property tax shall be levied to pay | 6939 |
| debt charges on | 6940 |
| (C) As used in this section: | 6941 |
| (1) "Pest" has the same meaning as in section 927.51 of the | 6942 |
| Revised Code. | 6943 |
| (2) "Quarantined area" has the same meaning as in section | 6944 |
| 927.39 of the Revise Code. | 6945 |
| Sec. 133.18. (A) The taxing authority of a subdivision may | 6946 |
| by legislation submit to the electors of the subdivision the | 6947 |
| question of issuing any general obligation bonds, for one purpose, | 6948 |
| that the subdivision has power or authority to issue. | 6949 |
| (B) When the taxing authority of a subdivision desires or is | 6950 |
| required by law to submit the question of a bond issue to the | 6951 |
| electors, it shall pass legislation that does all of the | 6952 |
| following: | 6953 |
| (1) Declares the necessity and purpose of the bond issue; | 6954 |
| (2) States the date of the authorized election at which the | 6955 |
| question shall be submitted to the electors; | 6956 |
| (3) States the amount, approximate date, estimated rate of | 6957 |
| interest, and maximum number of years over which the principal of | 6958 |
| the bonds may be paid; | 6959 |
| (4) Declares the necessity of levying a tax outside the tax | 6960 |
| limitation to pay the debt charges on the bonds and any | 6961 |
| anticipatory securities. | 6962 |
| The estimated rate of interest, and any statutory or charter | 6963 |
|
limit on interest
| 6964 |
| is subsequently amended, shall not be a limitation on the actual | 6965 |
| interest rate or rates on the securities when issued. | 6966 |
| (C)(1) The taxing authority shall certify a copy of the | 6967 |
| legislation passed under division (B) of this section to the | 6968 |
| county auditor. The county auditor shall promptly calculate and | 6969 |
| advise and, not later than seventy-five days before the election, | 6970 |
| confirm that advice by certification to, the taxing authority the | 6971 |
| estimated average annual property tax levy, expressed in cents or | 6972 |
| dollars and cents for each one hundred dollars of tax valuation | 6973 |
| and in mills for each one dollar of tax valuation, that the county | 6974 |
| auditor estimates to be required throughout the stated maturity of | 6975 |
| the bonds to pay the debt charges on the bonds. In calculating the | 6976 |
| estimated average annual property tax levy for this purpose, the | 6977 |
| county auditor shall assume that the bonds are issued in one | 6978 |
| series bearing interest and maturing in substantially equal | 6979 |
| principal amounts in each year over the maximum number of years | 6980 |
| over which the principal of the bonds may be paid as stated in | 6981 |
| that legislation, and that the amount of the tax valuation of the | 6982 |
| subdivision for the current year remains the same throughout the | 6983 |
| maturity of the bonds, except as otherwise provided in division | 6984 |
| (C)(2) of this section. If the tax valuation for the current year | 6985 |
| is not determined, the county auditor shall base the calculation | 6986 |
| on the estimated amount of the tax valuation submitted by the | 6987 |
| county auditor to the county budget commission. If the subdivision | 6988 |
| is located in more than one county, the county auditor shall | 6989 |
| obtain the assistance of the county auditors of the other | 6990 |
| counties, and those county auditors shall provide assistance, in | 6991 |
| establishing the tax valuation of the subdivision for purposes of | 6992 |
| certifying the estimated average annual property tax levy. | 6993 |
| (2) When considering the tangible personal property component | 6994 |
| of the tax valuation of the subdivision, the county auditor shall | 6995 |
| take into account the assessment percentages prescribed in section | 6996 |
| 5711.22 of the Revised Code. The tax commissioner may issue rules, | 6997 |
| orders, or instructions directing how the assessment percentages | 6998 |
| must be utilized. | 6999 |
| (D) After receiving the county auditor's advice under | 7000 |
| division (C) of this section, the taxing authority by legislation | 7001 |
| may determine to proceed with submitting the question of the issue | 7002 |
| of securities, and shall, not later than the seventy-fifth day | 7003 |
| before the day of the election, file the following with the board | 7004 |
| of elections: | 7005 |
| (1) Copies of the legislation provided for in divisions (B) | 7006 |
| and (D) of this section; | 7007 |
| (2) The amount of the estimated average annual property tax | 7008 |
| levy, expressed in cents or dollars and cents for each one hundred | 7009 |
| dollars of tax valuation and in mills for each one dollar of tax | 7010 |
| valuation, as estimated and certified to the taxing authority by | 7011 |
| the county auditor. | 7012 |
| (E)(1) The board of elections shall prepare the ballots and | 7013 |
| make other necessary arrangements for the submission of the | 7014 |
| question to the electors of the subdivision. If the subdivision is | 7015 |
| located in more than one county, the board shall inform the boards | 7016 |
| of elections of the other counties of the filings with it, and | 7017 |
| those other boards shall if appropriate make the other necessary | 7018 |
| arrangements for the election in their counties. The election | 7019 |
| shall be conducted, canvassed, and certified in the manner | 7020 |
| provided in Title XXXV of the Revised Code. | 7021 |
| (2) The election shall be held at the regular places for | 7022 |
| voting in the subdivision. If the electors of only a part of a | 7023 |
| precinct are qualified to vote at the election the board of | 7024 |
| elections may assign the electors in that part to an adjoining | 7025 |
| precinct, including an adjoining precinct in another county if the | 7026 |
| board of elections of the other county consents to and approves | 7027 |
| the assignment. Each elector so assigned shall be notified of that | 7028 |
| fact prior to the election by notice mailed by the board of | 7029 |
| elections, in such manner as it determines, prior to the election. | 7030 |
| (3) The board of elections shall publish a notice of the | 7031 |
| election, in one or more newspapers of general circulation in the | 7032 |
| subdivision, at least once no later than ten days prior to the | 7033 |
| election. The notice shall state all of the following: | 7034 |
| (a) The principal amount of the proposed bond issue; | 7035 |
| (b) The stated purpose for which the bonds are to be issued; | 7036 |
| (c) The maximum number of years over which the principal of | 7037 |
| the bonds may be paid; | 7038 |
| (d) The estimated additional average annual property tax | 7039 |
| levy, expressed in cents or dollars and cents for each one hundred | 7040 |
| dollars of tax valuation and in mills for each one dollar of tax | 7041 |
| valuation, to be levied outside the tax limitation, as estimated | 7042 |
| and certified to the taxing authority by the county auditor; | 7043 |
| (e) The first calendar year in which the tax is expected to | 7044 |
| be due. | 7045 |
| (F)(1) The form of the ballot to be used at the election | 7046 |
| shall be substantially either of the following, as applicable: | 7047 |
| (a) "Shall bonds be issued by the ............ (name of | 7048 |
| subdivision) for the purpose of ........... (purpose of the bond | 7049 |
| issue) in the principal amount of .......... (principal amount of | 7050 |
| the bond issue), to be repaid annually over a maximum period of | 7051 |
| .......... (the maximum number of years over which the principal | 7052 |
| of the bonds may be paid) years, and an annual levy of property | 7053 |
| taxes be made outside the .......... (as applicable, "ten-mill" or | 7054 |
| "...charter tax") limitation, estimated by the county auditor to | 7055 |
| average over the repayment period of the bond issue .......... | 7056 |
| (number of mills) mills for each one dollar of tax valuation, | 7057 |
| which amounts to .......... (rate expressed in cents or dollars | 7058 |
| and cents, such as "36 cents" or "$1.41") for each one hundred | 7059 |
| dollars of tax valuation, commencing in .......... (first year the | 7060 |
| tax will be levied), first due in calendar year .......... (first | 7061 |
| calendar year in which the tax shall be due), to pay the annual | 7062 |
| debt charges on the bonds, and to pay debt charges on any notes | 7063 |
| issued in anticipation of those bonds? | 7064 |
| 7065 |
| For the bond issue | 7066 | ||||
| Against the bond issue | " | 7067 |
| 7068 |
| (b) In the case of an election held pursuant to legislation | 7069 |
| adopted under section 3375.43 or 3375.431 of the Revised Code: | 7070 |
| "Shall bonds be issued for .......... (name of library) for | 7071 |
| the purpose of .......... (purpose of the bond issue), in the | 7072 |
| principal amount of .......... (amount of the bond issue) by | 7073 |
| .......... (the name of the subdivision that is to issue the bonds | 7074 |
| and levy the tax) as the issuer of the bonds, to be repaid | 7075 |
| annually over a maximum period of .......... (the maximum number | 7076 |
| of years over which the principal of the bonds may be paid) years, | 7077 |
| and an annual levy of property taxes be made outside the ten-mill | 7078 |
| limitation, estimated by the county auditor to average over the | 7079 |
| repayment period of the bond issue .......... (number of mills) | 7080 |
| mills for each one dollar of tax valuation, which amounts to | 7081 |
| .......... (rate expressed in cents or dollars and cents, such as | 7082 |
| "36 cents" or "$1.41") for each one hundred dollars of tax | 7083 |
| valuation, commencing in .......... (first year the tax will be | 7084 |
| levied), first due in calendar year .......... (first calendar | 7085 |
| year in which the tax shall be due), to pay the annual debt | 7086 |
| charges on the bonds, and to pay debt charges on any notes issued | 7087 |
| in anticipation of those bonds? | 7088 |
| 7089 |
| For the bond issue | 7090 | ||||
| Against the bond issue | " | 7091 |
| 7092 |
| (2) The purpose for which the bonds are to be issued shall be | 7093 |
| printed in the space indicated, in boldface type. | 7094 |
| (G) The board of elections shall promptly certify the results | 7095 |
| of the election to the tax commissioner, the county auditor of | 7096 |
| each county in which any part of the subdivision is located, and | 7097 |
| the fiscal officer of the subdivision. The election, including the | 7098 |
| proceedings for and result of the election, is incontestable other | 7099 |
| than in a contest filed under section 3515.09 of the Revised Code | 7100 |
| in which the plaintiff prevails. | 7101 |
| (H) If a majority of the electors voting upon the question | 7102 |
| vote for it, the taxing authority of the subdivision may proceed | 7103 |
| under sections 133.21 to 133.33 of the Revised Code with the | 7104 |
| issuance of the securities and with the levy and collection of a | 7105 |
| property tax outside the tax limitation during the period the | 7106 |
| securities are outstanding sufficient in amount to pay the debt | 7107 |
| charges on the securities, including debt charges on any | 7108 |
| anticipatory securities required to be paid from that tax. If | 7109 |
| legislation passed under section 133.22 or 133.23 of the Revised | 7110 |
| Code authorizing those securities is filed with the county auditor | 7111 |
| on or before the last day of November, the amount of the voted | 7112 |
| property tax levy required to pay debt charges or estimated debt | 7113 |
| charges on the securities payable in the following year shall if | 7114 |
| requested by the taxing authority be included in the taxes levied | 7115 |
| for collection in the following year under section 319.30 of the | 7116 |
| Revised Code. | 7117 |
| (I)(1) If, before any securities authorized at an election | 7118 |
| under this section are issued, the net indebtedness of the | 7119 |
| subdivision exceeds that applicable to that subdivision or those | 7120 |
| securities, then and so long as that is the case none of the | 7121 |
| securities may be issued. | 7122 |
| (2) No securities authorized at an election under this | 7123 |
| section may be initially issued after the first day of the sixth | 7124 |
| January following the election, but this period of limitation | 7125 |
| shall not run for any time during which any part of the permanent | 7126 |
| improvement for which the securities have been authorized, or the | 7127 |
| issuing or validity of any part of the securities issued or to be | 7128 |
| issued, or the related proceedings, is involved or questioned | 7129 |
| before a court or a commission or other tribunal, administrative | 7130 |
| agency, or board. | 7131 |
| (3) Securities representing a portion of the amount | 7132 |
| authorized at an election that are issued within the applicable | 7133 |
| limitation on net indebtedness are valid and in no manner affected | 7134 |
| by the fact that the balance of the securities authorized cannot | 7135 |
| be issued by reason of the net indebtedness limitation or lapse of | 7136 |
| time. | 7137 |
| (4) Nothing in this division (I) shall be interpreted or | 7138 |
| applied to prevent the issuance of securities in an amount to fund | 7139 |
| or refund anticipatory securities lawfully issued. | 7140 |
| (5) The limitations of divisions (I)(1) and (2) of this | 7141 |
| section do not apply to any securities authorized at an election | 7142 |
| under this section if at least ten per cent of the principal | 7143 |
| amount of the securities, including anticipatory securities, | 7144 |
| authorized has theretofore been issued, or if the securities are | 7145 |
| to be issued for the purpose of participating in any federally or | 7146 |
| state-assisted program. | 7147 |
| (6) The certificate of the fiscal officer of the subdivision | 7148 |
| is conclusive proof of the facts referred to in this division. | 7149 |
| Sec. 141.08. The chief justice of the supreme court shall | 7150 |
| receive | 7151 |
| performing | 7152 |
| in determining the disqualification or disability of any judge of | 7153 |
| the court of common pleas or of the court of appeals, to be paid | 7154 |
| from
the state treasury upon the warrant of the | 7155 |
| director of budget and management. | 7156 |
| Sec. 141.10. (A) In addition to the annual salary and | 7157 |
| expenses provided for in sections 141.04 and 2501.15 of the | 7158 |
| Revised Code, each judge of a court of appeals who holds court in | 7159 |
|
a county in which | 7160 |
| the judge's actual and necessary expenses incurred while so | 7161 |
| holding court. Those expenses shall be paid by the treasurer of | 7162 |
| state upon the warrant
of the | 7163 |
| and management. | 7164 |
| (B) In addition to the annual salary and expenses provided | 7165 |
| for in sections 141.04 and 2501.15 of the Revised Code, each judge | 7166 |
| of a court of appeals who is assigned by the chief justice of the | 7167 |
| supreme court to aid in disposing of business of a district other | 7168 |
| than that in which | 7169 |
| receive fifty dollars per day for each day of the assignment. The | 7170 |
| per diem compensation shall be paid from the treasury of the | 7171 |
| county to which the judge is so assigned upon the warrant of the | 7172 |
| auditor of that county. | 7173 |
| Sec. 145.70. All amounts due the public employees retirement | 7174 |
| system from the state treasury pursuant to this chapter shall be | 7175 |
| promptly paid upon warrant of
the | 7176 |
| budget and management pursuant to a voucher approved by the | 7177 |
| director | 7178 |
| Sec. 173.14. As used in sections 173.14 to | 7179 |
| the Revised Code: | 7180 |
| (A)(1) Except as otherwise provided in division (A)(2) of | 7181 |
| this section, "long-term care facility" includes any residential | 7182 |
| facility that provides personal care services for more than | 7183 |
| twenty-four hours for two or more unrelated adults, including all | 7184 |
| of the following: | 7185 |
| (a) A "nursing home," "residential care facility," or "home | 7186 |
| for the aging" as defined in section 3721.01 of the Revised Code; | 7187 |
| (b) A facility authorized to provide extended care services | 7188 |
| under Title XVIII of the "Social Security Act," 49 Stat. 620 | 7189 |
| (1935), 42 U.S.C. 301, as amended; | 7190 |
| (c) A county home or district home operated pursuant to | 7191 |
| Chapter 5155. of the Revised Code; | 7192 |
| (d) An "adult care facility" as defined in section 3722.01 of | 7193 |
| the Revised Code; | 7194 |
| (e) A facility approved by the veterans administration under | 7195 |
| section 104(a) of the "Veterans Health Care Amendments of 1983," | 7196 |
| 97 Stat. 993, 38 U.S.C. 630, as amended, and used exclusively for | 7197 |
| the placement and care of veterans; | 7198 |
| (f) An adult foster home certified under section 173.36 of | 7199 |
| the Revised Code. | 7200 |
| (2) "Long-term care facility" does not include a "residential | 7201 |
| facility" as defined in section 5119.22 of the Revised Code or a | 7202 |
| "residential facility" as defined in section 5123.19 of the | 7203 |
| Revised Code. | 7204 |
| (B) "Resident" means a resident of a long-term care facility | 7205 |
| and, where appropriate, includes a prospective, previous, or | 7206 |
| deceased resident of a long-term care facility. | 7207 |
| (C) "Community-based long-term care services" means health | 7208 |
| and social services provided to persons in their own homes or in | 7209 |
| community care settings, and includes any of the following: | 7210 |
| (1) Case management; | 7211 |
| (2) Home health care; | 7212 |
| (3) Homemaker services; | 7213 |
| (4) Chore services; | 7214 |
| (5) Respite care; | 7215 |
| (6) Adult day care; | 7216 |
| (7) Home-delivered meals; | 7217 |
| (8) Personal care; | 7218 |
| (9) Physical, occupational, and speech therapy; | 7219 |
| (10) Transportation; | 7220 |
| (11) Any other health and social services provided to persons | 7221 |
| that allow them to retain their independence in their own homes or | 7222 |
| in community care settings. | 7223 |
| (D) "Recipient" means a recipient of community-based | 7224 |
| long-term care services and, where appropriate, includes a | 7225 |
| prospective, previous, or deceased recipient of community-based | 7226 |
| long-term care services. | 7227 |
| (E) "Sponsor" means an adult relative, friend, or guardian | 7228 |
| who has an interest in or responsibility for the welfare of a | 7229 |
| resident or a recipient. | 7230 |
| (F) "Personal care services" has the same meaning as in | 7231 |
| section 3721.01 of the Revised Code. | 7232 |
| (G) "Regional long-term care ombudsperson program" means an | 7233 |
| entity, either public or private and nonprofit, designated as a | 7234 |
| regional long-term care ombudsperson program by the state | 7235 |
| long-term care ombudsperson. | 7236 |
| (H) "Representative of the office of the state long-term care | 7237 |
| ombudsperson program" means the state long-term care ombudsperson | 7238 |
| or a member of the ombudsperson's staff, or a person certified as | 7239 |
| a representative of the office under section 173.21 of the Revised | 7240 |
| Code. | 7241 |
| (I) "Area agency on aging" means an area agency on aging | 7242 |
| established under the "Older Americans Act of 1965," 79 Stat. 219, | 7243 |
| 42 U.S.C.A. 3001, as amended. | 7244 |
| Sec. 173.27. (A) As used in this section: | 7245 |
| (1) "Applicant" means a person who is under final | 7246 |
| consideration for employment with the office of the state | 7247 |
| long-term care ombudsperson program in a full-time, part-time, or | 7248 |
| temporary position that involves providing ombudsperson services | 7249 |
| to residents and recipients. "Applicant" includes a person who is | 7250 |
| under final consideration for employment as the state long-term | 7251 |
| care ombudsperson or the head of a regional long-term care | 7252 |
| ombudsperson program. "Applicant" does not include a person who | 7253 |
| provides ombudsperson services to residents and recipients as a | 7254 |
| volunteer without receiving or expecting to receive any form of | 7255 |
| remuneration other than reimbursement for actual expenses. | 7256 |
| (2) "Criminal records check" has the same meaning as in | 7257 |
| section 109.572 of the Revised Code. | 7258 |
| (B)(1) The state long-term care ombudsperson or the | 7259 |
| ombudsperson's designee shall request that the superintendent of | 7260 |
| the bureau of criminal identification and investigation conduct a | 7261 |
| criminal records check with respect to each applicant. However, if | 7262 |
| the applicant is under final consideration for employment as the | 7263 |
| state long-term care ombudsperson, the director of aging shall | 7264 |
| request that the superintendent conduct the criminal records | 7265 |
| check. If an applicant for whom a criminal records check request | 7266 |
| is required under this division does not present proof of having | 7267 |
| been a resident of this state for the five-year period immediately | 7268 |
| prior to the date the criminal records check is requested or | 7269 |
| provide evidence that within that five-year period the | 7270 |
| superintendent has requested information about the applicant from | 7271 |
| the federal bureau of investigation in a criminal records check, | 7272 |
| the ombudsperson, designee, or director shall request that the | 7273 |
| superintendent obtain information from the federal bureau of | 7274 |
| investigation as part of the criminal records check of the | 7275 |
| applicant. Even if an applicant for whom a criminal records check | 7276 |
| request is required under this division presents proof of having | 7277 |
| been a resident of this state for the five-year period, the | 7278 |
| ombudsperson, designee, or director may request that the | 7279 |
| superintendent include information from the federal bureau of | 7280 |
| investigation in the criminal records check. | 7281 |
| (2) A person required by division (B)(1) of this section to | 7282 |
| request a criminal records check shall do both of the following: | 7283 |
| (a) Provide to each applicant for whom a criminal records | 7284 |
| check request is required under that division a copy of the form | 7285 |
| prescribed pursuant to division (C)(1) of section 109.572 of the | 7286 |
| Revised Code and a standard fingerprint impression sheet | 7287 |
| prescribed pursuant to division (C)(2) of that section, and obtain | 7288 |
| the completed form and impression sheet from the applicant; | 7289 |
| (b) Forward the completed form and impression sheet to the | 7290 |
| superintendent of the bureau of criminal identification and | 7291 |
| investigation. | 7292 |
| (3) An applicant provided the form and fingerprint impression | 7293 |
| sheet under division (B)(2)(a) of this section who fails to | 7294 |
| complete the form or provide fingerprint impressions shall not be | 7295 |
| employed in any position for which a criminal records check is | 7296 |
| required by this section. | 7297 |
| (C)(1) Except as provided in rules adopted by the director of | 7298 |
| aging in accordance with division (F) of this section and subject | 7299 |
| to division (C)(2) of this section, the office of the state | 7300 |
| long-term care ombudsperson may not employ a person in a position | 7301 |
| that involves providing ombudsperson services to residents and | 7302 |
| recipients if the person has been convicted of or pleaded guilty | 7303 |
| to any of the following: | 7304 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 7305 |
| 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 7306 |
| 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, | 7307 |
| 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, | 7308 |
| 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, | 7309 |
| 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, | 7310 |
| 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, | 7311 |
| 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, | 7312 |
| 2925.22, 2925.23, or 3716.11 of the Revised Code. | 7313 |
| (b) A violation of an existing or former law of this state, | 7314 |
| any other state, or the United States that is substantially | 7315 |
| equivalent to any of the offenses listed in division (C)(1)(a) of | 7316 |
| this section. | 7317 |
| (2)(a) The office of the state long-term care ombudsperson | 7318 |
| program may employ conditionally an applicant for whom a criminal | 7319 |
| records check request is required under division (B) of this | 7320 |
| section prior to obtaining the results of a criminal records check | 7321 |
| regarding the individual, provided that the state long-term care | 7322 |
| ombudsperson, ombudsperson's designee, or director of aging shall | 7323 |
| request a criminal records check regarding the individual in | 7324 |
| accordance with division (B)(1) of this section not later than | 7325 |
| five business days after the individual begins conditional | 7326 |
| employment. | 7327 |
| (b) The office of the state long-term care ombudsperson | 7328 |
| program shall terminate the employment of an individual employed | 7329 |
| conditionally under division (C)(2)(a) of this section if the | 7330 |
| results of the criminal records check request under division (B) | 7331 |
| of this section, other than the results of any request for | 7332 |
| information from the federal bureau of investigation, are not | 7333 |
| obtained within the period ending sixty days after the date the | 7334 |
| request is made. Regardless of when the results of the criminal | 7335 |
| records check are obtained, if the results indicate that the | 7336 |
| individual has been convicted of or pleaded guilty to any of the | 7337 |
| offenses listed or described in division (C)(1) of this section, | 7338 |
| the office shall terminate the individual's employment unless the | 7339 |
| office chooses to employ the individual pursuant to division (F) | 7340 |
| of this section. Termination of employment under this division | 7341 |
| shall be considered just cause for discharge for purposes of | 7342 |
| division (D)(2) of section 4141.29 of the Revised Code if the | 7343 |
| individual makes any attempt to deceive the office about the | 7344 |
| individual's criminal record. | 7345 |
| (D)(1) The office of the state long-term care ombudsperson | 7346 |
| program shall pay to the bureau of criminal identification and | 7347 |
| investigation the fee prescribed pursuant to division (C)(3) of | 7348 |
| section 109.572 of the Revised Code for each criminal records | 7349 |
| check conducted pursuant to a request made under division (B) of | 7350 |
| this section. | 7351 |
| (2) The office of the state long-term care ombudsperson | 7352 |
| program may charge an applicant a fee not exceeding the amount the | 7353 |
| office pays under division (D)(1) of this section. The office may | 7354 |
| collect a fee only if the office notifies the applicant at the | 7355 |
| time of initial application for employment of the amount of the | 7356 |
| fee. | 7357 |
| (E) The report of any criminal records check conducted | 7358 |
| pursuant to a request made under this section is not a public | 7359 |
| record for the purposes of section 149.43 of the Revised Code and | 7360 |
| shall not be made available to any person other than the | 7361 |
| following: | 7362 |
| (1) The individual who is the subject of the criminal records | 7363 |
| check or the individual's representative; | 7364 |
| (2) The state long-term care ombudsperson, ombudsperson's | 7365 |
| designee, director of health, or the ombudsperson, designee, or | 7366 |
| director's representative; | 7367 |
| (3) If the state long-term care ombudsperson designates the | 7368 |
| head or other employee of a regional long-term care ombudsperson | 7369 |
| program to request a criminal records check under this section, a | 7370 |
| representative of the office of the state long-term care | 7371 |
| ombudsperson program who is responsible for monitoring the | 7372 |
| regional program's compliance with this section; | 7373 |
| (4) A court, hearing officer, or other necessary individual | 7374 |
| involved in a case dealing with a denial of employment of the | 7375 |
| applicant or dealing with employment or unemployment benefits of | 7376 |
| the applicant. | 7377 |
| (F) The director of aging shall adopt rules in accordance | 7378 |
| with Chapter 119. of the Revised Code to implement this section. | 7379 |
| The rules shall specify circumstances under which the office of | 7380 |
| the state long-term care ombudsperson program may employ a person | 7381 |
| who has been convicted of or pleaded guilty to an offense listed | 7382 |
| or described in division (C)(1) of this section but meets personal | 7383 |
| character standards set by the director. | 7384 |
| (G) The office of the state long-term care ombudsperson | 7385 |
| program shall inform each person, at the time of initial | 7386 |
| application for a position that involves providing ombudsperson | 7387 |
| services to residents and recipients, that the person is required | 7388 |
| to provide a set of fingerprint impressions and that a criminal | 7389 |
| records check is required to be conducted if the person comes | 7390 |
| under final consideration for employment. | 7391 |
| (H) In a tort or other civil action for damages that is | 7392 |
| brought as the result of an injury, death, or loss to person or | 7393 |
| property caused by an individual who the office of the state | 7394 |
| long-term care ombudsperson program employs in a position that | 7395 |
| involves providing ombudsperson services to residents and | 7396 |
| recipients, all of the following shall apply: | 7397 |
| (1) If the office employed the individual in good faith and | 7398 |
| reasonable reliance on the report of a criminal records check | 7399 |
| requested under this section, the office shall not be found | 7400 |
| negligent solely because of its reliance on the report, even if | 7401 |
| the information in the report is determined later to have been | 7402 |
| incomplete or inaccurate. | 7403 |
| (2) If the office employed the individual in good faith on a | 7404 |
| conditional basis pursuant to division (C)(2) of this section, the | 7405 |
| office shall not be found negligent solely because it employed the | 7406 |
| individual prior to receiving the report of a criminal records | 7407 |
| check requested under this section. | 7408 |
| (3) If the office in good faith employed the individual | 7409 |
| according to the personal character standards established in rules | 7410 |
| adopted under division (F) of this section, the office shall not | 7411 |
| be found negligent solely because the individual prior to being | 7412 |
| employed had been convicted of or pleaded guilty to an offense | 7413 |
| listed or described in division (C)(1) of this section. | 7414 |
| Sec. 173.39. (A) As used in sections 173.39 to | 7415 |
| 173.394 of the Revised Code | 7416 |
| (1) "Community-based long-term care agency" means a person or | 7417 |
| government entity that provides community-based long-term care | 7418 |
| services under a program the department of aging administers, | 7419 |
| regardless of whether the person or government entity is certified | 7420 |
| under section 173.391 or authorized to receive payment for the | 7421 |
| services from the department under section 173.392 of the Revised | 7422 |
| Code. "Community-based long-term care agency" includes a person or | 7423 |
| government entity that provides home and community-based services | 7424 |
| to older adults through the PASSPORT program created under section | 7425 |
| 173.40 of the Revised Code. | 7426 |
| (2) "Community-based long-term care services" has the same | 7427 |
| meaning as in section 173.14 of the Revised Code. | 7428 |
| (B) Except as provided in section 173.392 of the Revised | 7429 |
| Code, the department of aging may not pay a person or government | 7430 |
| entity for providing community-based long-term care services under | 7431 |
| a program the department administers unless the person or | 7432 |
| government entity is certified under section 173.391 of the | 7433 |
| Revised Code and provides the services. | 7434 |
| Sec. 173.391. (A) The department of aging or its designee | 7435 |
| shall do all of the following in accordance with Chapter 119. of | 7436 |
| the Revised Code: | 7437 |
| (1) Certify a person or government entity to provide | 7438 |
| community-based long-term care services under a program the | 7439 |
| department administers if the person or government entity | 7440 |
| satisfies the requirements for certification established by rules | 7441 |
| adopted under division (B) of this section; | 7442 |
| (2) When required to do so by rules adopted under division | 7443 |
| (B) of this section, take one or more of the following | 7444 |
| disciplinary actions against a person or government entity issued | 7445 |
| a certificate under division (A)(1) of this section: | 7446 |
| (a) Issue a written warning; | 7447 |
| (b) Require the submission of a plan of correction; | 7448 |
| (c) Suspend referrals; | 7449 |
| (d) Remove clients; | 7450 |
| (e) Impose a fiscal sanction such as a civil monetary penalty | 7451 |
| or an order that unearned funds be repaid; | 7452 |
| (f) Revoke the certificate; | 7453 |
| (g) Impose another sanction. | 7454 |
| (3) Hold hearings when there is a dispute between the | 7455 |
| department or its designee and a person or government entity | 7456 |
| concerning actions the department or its designee takes or does | 7457 |
| not take under division (A)(1) or (2)(c) to (g) of this section. | 7458 |
| (B) The director of aging shall adopt rules in accordance | 7459 |
| with Chapter 119. of the Revised Code establishing certification | 7460 |
| requirements and standards for determining which type of | 7461 |
| disciplinary action to take under division (A)(2) of this section | 7462 |
| in individual situations. The rules shall establish procedures for | 7463 |
| all of the following: | 7464 |
|
(1) Ensuring that | 7465 |
| agencies | 7466 |
| with | 7467 |
| (2) Evaluating the services provided to ensure that they are | 7468 |
| provided in a quality manner advantageous to the individual | 7469 |
| receiving the services; | 7470 |
| (3) Determining when to take disciplinary action under | 7471 |
| division (A)(2) of this section and which disciplinary action to | 7472 |
| take. | 7473 |
| (C) The procedures established in rules adopted under | 7474 |
| division (B)(2) of this section shall require that all of the | 7475 |
| following be considered as part of an evaluation: | 7476 |
| (1) The service provider's experience and financial | 7477 |
| responsibility; | 7478 |
| (2) The service provider's ability to comply with standards | 7479 |
| for the community-based long-term care services that the provider | 7480 |
| provides under a program the department administers; | 7481 |
| (3) The service provider's ability to meet the needs of the | 7482 |
| individuals served; | 7483 |
| (4) Any other factor the director considers relevant. | 7484 |
| (D) The rules adopted under division (B)(3) of this section | 7485 |
| shall specify that the reasons disciplinary action may be taken | 7486 |
| under division (A)(2) of this section include good cause, | 7487 |
| including misfeasance, malfeasance, nonfeasance, confirmed abuse | 7488 |
| or neglect, financial irresponsibility, or other conduct the | 7489 |
| director determines is injurious to the health or safety of | 7490 |
| individuals being served. | 7491 |
| | 7492 |
| (1) "Applicant" means a person who is under final | 7493 |
|
consideration for employment with a | 7494 |
| long-term care agency in a full-time, part-time, or temporary | 7495 |
|
position that involves providing
direct care to an | 7496 |
| individual. "Applicant" does not include a person who provides | 7497 |
| direct care as a volunteer without receiving or expecting to | 7498 |
| receive any form of remuneration other than reimbursement for | 7499 |
| actual expenses. | 7500 |
| (2) "Criminal records check" | 7501 |
| same | 7502 |
| | 7503 |
| 7504 | |
| 7505 | |
| 7506 |
| (B)(1) Except as provided in division (I) of this section, | 7507 |
| the chief administrator of a | 7508 |
| care agency shall request that the superintendent of the bureau of | 7509 |
| criminal identification and investigation conduct a criminal | 7510 |
| records check with respect to each applicant. If an applicant for | 7511 |
| whom a criminal records check request is required under this | 7512 |
| division does not present proof of having been a resident of this | 7513 |
| state for the five-year period immediately prior to the date the | 7514 |
| criminal records check is requested or provide evidence that | 7515 |
| within that five-year period the superintendent has requested | 7516 |
| information about the applicant from the federal bureau of | 7517 |
| investigation in a criminal records check, the chief administrator | 7518 |
| shall request that the superintendent obtain information from the | 7519 |
| federal bureau of investigation as part of the criminal records | 7520 |
| check of the applicant. Even if an applicant for whom a criminal | 7521 |
| records check request is required under this division presents | 7522 |
| proof of having been a resident of this state for the five-year | 7523 |
| period, the chief administrator may request that the | 7524 |
| superintendent include information from the federal bureau of | 7525 |
| investigation in the criminal records check. | 7526 |
| (2) A person required by division (B)(1) of this section to | 7527 |
| request a criminal records check shall do both of the following: | 7528 |
| (a) Provide to each applicant for whom a criminal records | 7529 |
| check request is required under that division a copy of the form | 7530 |
| prescribed pursuant to division (C)(1) of section 109.572 of the | 7531 |
| Revised Code and a standard fingerprint impression sheet | 7532 |
| prescribed pursuant to division (C)(2) of that section, and obtain | 7533 |
| the completed form and impression sheet from the applicant; | 7534 |
| (b) Forward the completed form and impression sheet to the | 7535 |
| superintendent of the bureau of criminal identification and | 7536 |
| investigation. | 7537 |
| (3) An applicant provided the form and fingerprint impression | 7538 |
| sheet under division (B)(2)(a) of this section who fails to | 7539 |
| complete the form or provide fingerprint impressions shall not be | 7540 |
| employed in any position for which a criminal records check is | 7541 |
| required by this section. | 7542 |
| (C)(1) Except as provided in rules adopted by the department | 7543 |
| of aging in accordance with division (F) of this section and | 7544 |
| subject to
division (C)(2) of this section,
no | 7545 |
| community-based long-term care agency shall employ a person in a | 7546 |
|
position that
involves providing direct care to an | 7547 |
| individual if the person has been convicted of or pleaded guilty | 7548 |
| to any of the following: | 7549 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 7550 |
| 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 7551 |
| 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, | 7552 |
| 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, | 7553 |
| 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, | 7554 |
| 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, | 7555 |
| 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, | 7556 |
| 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, | 7557 |
| 2925.22, 2925.23, or 3716.11 of the Revised Code. | 7558 |
| (b) A violation of an existing or former law of this state, | 7559 |
| any other state, or the United States that is substantially | 7560 |
| equivalent to any of the offenses listed in division (C)(1)(a) of | 7561 |
| this section. | 7562 |
| (2)(a) A | 7563 |
| employ conditionally an applicant for whom a criminal records | 7564 |
| check request is required under division (B) of this section prior | 7565 |
| to obtaining the results of a criminal records check regarding the | 7566 |
| individual, provided that the agency shall request a criminal | 7567 |
| records check regarding the individual in accordance with division | 7568 |
| (B)(1) of this section not later than five business days after the | 7569 |
| individual begins conditional employment. In the circumstances | 7570 |
| described in division
(I)(2) of this section, a
| 7571 |
| community-based long-term care agency may employ conditionally an | 7572 |
| applicant who has been referred to the
| 7573 |
| employment service that supplies full-time, part-time, or | 7574 |
|
temporary staff for positions involving the direct care of | 7575 |
| 7576 | |
| criminal records check is not required under division (B) of this | 7577 |
| section. | 7578 |
| (b) A
| 7579 |
| employs an individual conditionally under authority of division | 7580 |
| (C)(2)(a) of this section shall terminate the individual's | 7581 |
| employment if the results of the criminal records check request | 7582 |
| under division (B) of this section or described in division (I)(2) | 7583 |
| of this section, other than the results of any request for | 7584 |
| information from the federal bureau of investigation, are not | 7585 |
| obtained within the period ending sixty days after the date the | 7586 |
| request is made. Regardless of when the results of the criminal | 7587 |
| records check are obtained, if the results indicate that the | 7588 |
| individual has been convicted of or pleaded guilty to any of the | 7589 |
| offenses listed or described in division (C)(1) of this section, | 7590 |
| the agency shall terminate the individual's employment unless the | 7591 |
| agency chooses to employ the individual pursuant to division (F) | 7592 |
| of this section. Termination of employment under this division | 7593 |
| shall be considered just cause for discharge for purposes of | 7594 |
| division (D)(2) of section 4141.29 of the Revised Code if the | 7595 |
| individual makes any attempt to deceive the agency about the | 7596 |
| individual's criminal record. | 7597 |
| (D)(1) Each | 7598 |
| shall pay to the bureau of criminal identification and | 7599 |
| investigation the fee prescribed pursuant to division (C)(3) of | 7600 |
| section 109.572 of the Revised Code for each criminal records | 7601 |
| check conducted pursuant to a request made under division (B) of | 7602 |
| this section. | 7603 |
| (2) A | 7604 |
| charge an applicant a fee not exceeding the amount the agency pays | 7605 |
| under division (D)(1) of this section. An agency may collect a fee | 7606 |
| only if both of the following apply: | 7607 |
| (a) The agency notifies the person at the time of initial | 7608 |
| application for employment of the amount of the fee and that, | 7609 |
| unless the fee is paid, the person will not be considered for | 7610 |
| employment; | 7611 |
| (b) The | 7612 |
| Chapter 5111. of the Revised Code does not reimburse the agency | 7613 |
| the fee it pays under division (D)(1) of this section. | 7614 |
| (E) The report of any criminal records check conducted | 7615 |
| pursuant to a request made under this section is not a public | 7616 |
| record for the purposes of section 149.43 of the Revised Code and | 7617 |
| shall not be made available to any person other than the | 7618 |
| following: | 7619 |
| (1) The individual who is the subject of the criminal records | 7620 |
| check or the individual's representative; | 7621 |
| (2) The chief administrator of the agency requesting the | 7622 |
| criminal records check or the administrator's representative; | 7623 |
| (3) The administrator of any other facility, agency, or | 7624 |
| program that
provides direct care to | 7625 |
| is owned or operated by the same entity that owns or operates the | 7626 |
| 7627 |
| (4) The director of aging or a person authorized by the | 7628 |
| director to monitor a community-based long-term care agency's | 7629 |
| compliance with this section; | 7630 |
| (5) A court, hearing officer, or other necessary individual | 7631 |
| involved in a case dealing with a denial of employment of the | 7632 |
| applicant or dealing with employment or unemployment benefits of | 7633 |
| the applicant; | 7634 |
| | 7635 |
| and in accordance with, division (I)(1) or (2) of this section. | 7636 |
| (F) The department of aging shall adopt rules in accordance | 7637 |
| with Chapter 119. of the Revised Code to implement this section. | 7638 |
| The rules shall
specify
circumstances under which a | 7639 |
| community-based long-term care agency may employ a person who has | 7640 |
| been convicted of or pleaded guilty to an offense listed or | 7641 |
| described in division (C)(1) of this section but meets personal | 7642 |
| character standards set by the department. | 7643 |
| (G) The chief administrator of a | 7644 |
| long-term care agency shall inform each person, at the time of | 7645 |
| initial application for a position that involves providing direct | 7646 |
| care to an | 7647 |
| provide a set of fingerprint impressions and that a criminal | 7648 |
| records check is required to be conducted if the person comes | 7649 |
| under final consideration for employment. | 7650 |
| (H) In a tort or other civil action for damages that is | 7651 |
| brought as the result of an injury, death, or loss to person or | 7652 |
|
property caused by an individual who a
| 7653 |
| long-term care agency employs in a position that involves | 7654 |
| providing direct care to | 7655 |
| following shall apply: | 7656 |
| (1) If the agency employed the individual in good faith and | 7657 |
| reasonable reliance on the report of a criminal records check | 7658 |
| requested under this section, the agency shall not be found | 7659 |
| negligent solely because of its reliance on the report, even if | 7660 |
| the information in the report is determined later to have been | 7661 |
| incomplete or inaccurate; | 7662 |
| (2) If the agency employed the individual in good faith on a | 7663 |
| conditional basis pursuant to division (C)(2) of this section, the | 7664 |
| agency shall not be found negligent solely because it employed the | 7665 |
| individual prior to receiving the report of a criminal records | 7666 |
| check requested under this section; | 7667 |
| (3) If the agency in good faith employed the individual | 7668 |
| according to the personal character standards established in rules | 7669 |
| adopted under division (F) of this section, the agency shall not | 7670 |
| be found negligent solely because the individual prior to being | 7671 |
| employed had been convicted of or pleaded guilty to an offense | 7672 |
| listed or described in division (C)(1) of this section. | 7673 |
| (I)(1) The chief administrator of a | 7674 |
| long-term care agency is not required to request that the | 7675 |
| superintendent of the bureau of criminal identification and | 7676 |
| investigation conduct a criminal records check of an applicant if | 7677 |
| the applicant has been referred to the agency by an employment | 7678 |
| service that supplies full-time, part-time, or temporary staff for | 7679 |
| positions involving the direct care of | 7680 |
| and both of the following apply: | 7681 |
| (a) The chief administrator receives from the employment | 7682 |
| service or the applicant a report of the results of a criminal | 7683 |
| records check regarding the applicant that has been conducted by | 7684 |
| the superintendent within the one-year period immediately | 7685 |
| preceding the applicant's referral; | 7686 |
| (b) The report of the criminal records check demonstrates | 7687 |
| that the person has not been convicted of or pleaded guilty to an | 7688 |
| offense listed or described in division (C)(1) of this section, or | 7689 |
| the report demonstrates that the person has been convicted of or | 7690 |
| pleaded guilty to one or more of
those offenses, but the | 7691 |
| community-based long-term care agency chooses to employ the | 7692 |
| individual pursuant to division (F) of this section. | 7693 |
| (2) The chief administrator of a
| 7694 |
| long-term care agency is not required to request that the | 7695 |
| superintendent of the bureau of criminal identification and | 7696 |
| investigation conduct a criminal records check of an applicant and | 7697 |
| may employ the applicant conditionally as described in this | 7698 |
| division, if the applicant has been referred to the agency by an | 7699 |
| employment service that supplies full-time, part-time, or | 7700 |
| temporary staff for positions
involving the direct care of | 7701 |
| 7702 | |
| the employment service or the applicant a letter from the | 7703 |
| employment service that is on the letterhead of the employment | 7704 |
| service, dated, and signed by a supervisor or another designated | 7705 |
| official of the employment service and that states that the | 7706 |
| employment service has requested the superintendent to conduct a | 7707 |
| criminal records check regarding the applicant, that the requested | 7708 |
| criminal records check will include a determination of whether the | 7709 |
| applicant has been convicted of or pleaded guilty to any offense | 7710 |
| listed or described in division (C)(1) of this section, that, as | 7711 |
| of the date set forth on the letter, the employment service had | 7712 |
| not received the results of the criminal records check, and that, | 7713 |
| when the employment service receives the results of the criminal | 7714 |
| records check, it promptly will send a copy of the results to the | 7715 |
| 7716 | |
| community-based long-term care agency employs an applicant | 7717 |
| conditionally in accordance with this division, the employment | 7718 |
| service, upon its receipt of the results of the criminal records | 7719 |
| check, promptly shall send a copy of the
results to the | 7720 |
| community-based long-term care agency, and division (C)(2)(b) of | 7721 |
| this section applies regarding the conditional employment. | 7722 |
| Sec. 184.20. | 7723 |
| or a member of the third frontier advisory board shall not | 7724 |
| 7725 |
| | 7726 |
| Revised Code | 7727 |
| | 7728 |
| 7729 | |
| 7730 | |
| 7731 |
| | 7732 |
| forfeit the support | 7733 |
| amount forfeited to the third frontier commission. | 7734 |
| Sec. 307.761. A board of county commissioners may maintain | 7735 |
| and operate a facility to encourage the study of and promote the | 7736 |
| sciences and natural history, or it may contract with or | 7737 |
| contribute to a nonprofit corporation to develop, maintain, and | 7738 |
| operate such a facility if the nonprofit corporation is organized, | 7739 |
| in whole or in part, for the purpose of encouraging the study of | 7740 |
| and to promote the sciences and natural history. | 7741 |
| Sec. 319.301. (A) This section does not apply to any of the | 7742 |
| following: | 7743 |
| (1) Taxes levied at whatever rate is required to produce a | 7744 |
| specified amount of tax money, including a tax levied under | 7745 |
| section 5705.211 of the Revised Code, or an amount to pay debt | 7746 |
| charges; | 7747 |
| (2) Taxes levied within the one per cent limitation imposed | 7748 |
| by Section 2 of Article XII, Ohio Constitution; | 7749 |
| (3) Taxes provided for by the charter of a municipal | 7750 |
| corporation. | 7751 |
| (B) As used in this section: | 7752 |
| (1) "Real property" includes real property owned by a | 7753 |
| railroad. | 7754 |
| (2) "Carryover property" means all real property on the | 7755 |
| current year's tax list except: | 7756 |
| (a) Land and improvements that were not taxed by the district | 7757 |
| in both the preceding year and the current year; | 7758 |
| (b) Land and improvements that were not in the same class in | 7759 |
| both the preceding year and the current year. | 7760 |
| (3) "Effective tax rate" means with respect to each class of | 7761 |
| property: | 7762 |
| (a) The sum of the total taxes that would have been charged | 7763 |
| and payable for current expenses against real property in that | 7764 |
| class if each of the district's taxes were reduced for the current | 7765 |
| year under division (D)(1) of this section without regard to the | 7766 |
| application of division (E)(3) of this section divided by | 7767 |
| (b) The taxable value of all real property in that class. | 7768 |
| (4) "Taxes charged and payable" means the taxes charged and | 7769 |
| payable prior to any reduction required by section 319.302 of the | 7770 |
| Revised Code. | 7771 |
| (C) The tax commissioner shall make the determinations | 7772 |
| required by this section each year, without regard to whether a | 7773 |
| taxing district has territory in a county to which section 5715.24 | 7774 |
| of the Revised Code applies for that year. Separate determinations | 7775 |
| shall be made for each of the two classes established pursuant to | 7776 |
| section 5713.041 of the Revised Code. | 7777 |
| (D) With respect to each tax authorized to be levied by each | 7778 |
| taxing district, the tax commissioner, annually, shall do both of | 7779 |
| the following: | 7780 |
| (1) Determine by what percentage, if any, the sums levied by | 7781 |
| such tax against the carryover property in each class would have | 7782 |
| to be reduced for the tax to levy the same number of dollars | 7783 |
| against such property in that class in the current year as were | 7784 |
| charged against such property by such tax in the preceding year | 7785 |
| subsequent to the reduction made under this section but before the | 7786 |
| reduction made under section 319.302 of the Revised Code. In the | 7787 |
| case of a tax levied for the first time that is not a renewal of | 7788 |
| an existing tax, the commissioner shall determine by what | 7789 |
| percentage the sums that would otherwise be levied by such tax | 7790 |
| against carryover property in each class would have to be reduced | 7791 |
| to equal the amount that would have been levied if the full rate | 7792 |
| thereof had been imposed against the total taxable value of such | 7793 |
| property in the preceding tax year. A tax or portion of a tax that | 7794 |
| is designated a replacement levy under section 5705.192 of the | 7795 |
| Revised Code is not a renewal of an existing tax for purposes of | 7796 |
| this division. | 7797 |
| (2) Certify each percentage determined in division (D)(1) of | 7798 |
| this section, as adjusted under division (E) of this section, and | 7799 |
| the class of property to which that percentage applies to the | 7800 |
| auditor of each county in which the district has territory. The | 7801 |
| auditor, after complying with section 319.30 of the Revised Code, | 7802 |
| shall reduce the sum to be levied by such tax against each parcel | 7803 |
| of real property in the district by the percentage so certified | 7804 |
| for its class. Certification shall be made by the first day of | 7805 |
| September except in the case of a tax levied for the first time, | 7806 |
| in which case certification shall be made within fifteen days of | 7807 |
| the date the county auditor submits the information necessary to | 7808 |
| make the required determination. | 7809 |
| (E)(1) As used in division (E)(2) of this section, "pre-1982 | 7810 |
| joint vocational taxes" means, with respect to a class of | 7811 |
| property, the difference between the following amounts: | 7812 |
| (a) The taxes charged and payable in tax year 1981 against | 7813 |
| the property in that class for the current expenses of the joint | 7814 |
| vocational school district of which the school district is a part | 7815 |
| after making all reductions under this section; | 7816 |
| (b) The following percentage of the taxable value of all real | 7817 |
| property in that class: | 7818 |
| (i) In 1987, five one-hundredths of one per cent; | 7819 |
| (ii) In 1988, one-tenth of one per cent; | 7820 |
| (iii) In 1989, fifteen one-hundredths of one per cent; | 7821 |
| (iv) In 1990 and each subsequent year, two-tenths of one per | 7822 |
| cent. | 7823 |
| If the amount in division (E)(1)(b) of this section exceeds | 7824 |
| the amount in division (E)(1)(a) of this section, the pre-1982 | 7825 |
| joint vocational taxes shall be zero. | 7826 |
| As used in divisions (E)(2) and (3) of this section, "taxes | 7827 |
| charged and payable" has the same meaning as in division (B)(4) of | 7828 |
| this section and excludes any tax charged and payable in 1985 or | 7829 |
| thereafter under sections 5705.194 to 5705.197 or section 5705.213 | 7830 |
| of the Revised Code. | 7831 |
| (2) If in the case of a school district other than a joint | 7832 |
| vocational or cooperative education school district any percentage | 7833 |
| required to be used in division (D)(2) of this section for either | 7834 |
| class of property could cause the total taxes charged and payable | 7835 |
| for current expenses to be less than two per cent of the taxable | 7836 |
| value of all real property in that class that is subject to | 7837 |
| taxation by the district, the commissioner shall determine what | 7838 |
| percentages would cause the district's total taxes charged and | 7839 |
| payable for current expenses against that class, after all | 7840 |
| reductions that would otherwise be made under this section, to | 7841 |
| equal, when combined with the pre-1982 joint vocational taxes | 7842 |
| against that class, the lesser of the following: | 7843 |
| (a) The sum of the rates at which those taxes are authorized | 7844 |
| to be levied; | 7845 |
| (b) Two per cent of the taxable value of the property in that | 7846 |
| class. The auditor shall use such percentages in making the | 7847 |
| reduction required by this section for that class. | 7848 |
| (3)(a) If in the case of a joint vocational school district | 7849 |
| any percentage required to be used in division (D)(2) of this | 7850 |
| section for either class of property could cause the total taxes | 7851 |
| charged and payable for current expenses for that class to be less | 7852 |
| than the designated amount, the commissioner shall determine what | 7853 |
| percentages would cause the district's total taxes charged and | 7854 |
| payable for current expenses for that class, after all reductions | 7855 |
| that would otherwise be made under this section, to equal the | 7856 |
| designated amount. The auditor shall use such percentages in | 7857 |
| making the reductions required by this section for that class. | 7858 |
| (b) As used in division (E)(3)(a) of this section, the | 7859 |
| designated amount shall equal the taxable value of all real | 7860 |
| property in the class that is subject to taxation by the district | 7861 |
| times the lesser of the following: | 7862 |
| (i) Two-tenths of one per cent; | 7863 |
| (ii) The district's effective rate plus the following | 7864 |
| percentage for the year indicated: | 7865 |
| WHEN COMPUTING THE | 7866 | ||||
| TAXES CHARGED FOR | ADD THE FOLLOWING PERCENTAGE: | 7867 |
| 1987 | 0.025% | 7868 | |||
| 1988 | 0.05% | 7869 | |||
| 1989 | 0.075% | 7870 | |||
| 1990 | 0.1% | 7871 | |||
| 1991 | 0.125% | 7872 | |||
| 1992 | 0.15% | 7873 | |||
| 1993 | 0.175% | 7874 | |||
| 1994 and thereafter | 0.2% | 7875 |
| (F) No reduction shall be made under this section in the rate | 7876 |
| at which any tax is levied. | 7877 |
| (G) The commissioner may order a county auditor to furnish | 7878 |
|
any information
| 7879 |
| determinations required under division (D) or (E) of this section, | 7880 |
| and the auditor shall supply the information in the form and by | 7881 |
| the date specified in the order. If the auditor fails to comply | 7882 |
| with an order issued under this division, except for good cause as | 7883 |
| determined by the commissioner, the commissioner shall withhold | 7884 |
| from such county or taxing district therein fifty per cent of | 7885 |
| state revenues to local governments pursuant to section 5747.50 of | 7886 |
| the Revised Code or shall direct the department of education to | 7887 |
| withhold therefrom fifty per cent of state revenues to school | 7888 |
| districts pursuant to Chapter 3317. of the Revised Code. The | 7889 |
| commissioner shall withhold the distribution of such revenues | 7890 |
| until the county auditor has complied with this division, and the | 7891 |
| department shall withhold the distribution of such revenues until | 7892 |
| the commissioner has notified the department that the county | 7893 |
| auditor has complied with this division. | 7894 |
| (H) If the commissioner is unable to certify a tax reduction | 7895 |
| factor for either class of property in a taxing district located | 7896 |
| in more than one county by the last day of November because | 7897 |
| information required under division (G) of this section is | 7898 |
|
unavailable,
| 7899 |
| estimated tax reduction factor for that district for that class. | 7900 |
| The estimated factor shall be based upon an estimate of the | 7901 |
| unavailable information. Upon receipt of the actual information | 7902 |
| for a taxing district that received an estimated tax reduction | 7903 |
| factor, the commissioner shall compute the actual tax reduction | 7904 |
| factor and use that factor to compute the taxes that should have | 7905 |
| been charged and payable against each parcel of property for the | 7906 |
| year for which the estimated reduction factor was used. The amount | 7907 |
| by which the estimated factor resulted in an overpayment or | 7908 |
| underpayment in taxes on any parcel shall be added to or | 7909 |
| subtracted from the amount due on that parcel in the ensuing tax | 7910 |
| year. | 7911 |
| A percentage or a tax reduction factor determined or computed | 7912 |
| by the commissioner under this section shall be used solely for | 7913 |
| the purpose of reducing the sums to be levied by the tax to which | 7914 |
| it applies for the year for which it was determined or computed. | 7915 |
| It shall not be used in making any tax computations for any | 7916 |
| ensuing tax year. | 7917 |
| (I) In making the determinations under division (D)(1) of | 7918 |
| this section, the tax commissioner shall take account of changes | 7919 |
| in the taxable value of carryover property resulting from | 7920 |
| complaints filed under section 5715.19 of the Revised Code for | 7921 |
| determinations made for the tax year in which such changes are | 7922 |
| reported to the commissioner. Such changes shall be reported to | 7923 |
| the commissioner on the first abstract of real property filed with | 7924 |
| the commissioner under section 5715.23 of the Revised Code | 7925 |
| following the date on which the complaint is finally determined by | 7926 |
| the board of revision or by a court or other authority with | 7927 |
| jurisdiction on appeal. The tax commissioner shall account for | 7928 |
| such changes in making the determinations only for the tax year in | 7929 |
| which the change in valuation is reported. Such a valuation change | 7930 |
| shall not be used to recompute the percentages determined under | 7931 |
| division (D)(1) of this section for any prior tax year. | 7932 |
| Sec. 333.01. As used in this chapter: | 7933 |
| (A) "County sales and use tax" means the tax levied by a | 7934 |
| county under division (A) of section 5739.021 or division (A) of | 7935 |
| section 5741.021 of the Revised Code that is returned or | 7936 |
| distributed to the county under section 5739.21 or 5741.03 of the | 7937 |
| Revised Code. | 7938 |
| (B) "Impact facility" means a permanent structure, including | 7939 |
| all interior or exterior square footage used for educational or | 7940 |
| exhibition activities, that meets all of the following criteria: | 7941 |
| (1) It is used for the sale of tangible personal property or | 7942 |
| services; | 7943 |
| (2) At least ten per cent of the facility's total square | 7944 |
| footage is dedicated to educational or exhibition activities; | 7945 |
| (3) At least fifty million dollars is invested in land, | 7946 |
| buildings, infrastructure, and equipment for the facility at the | 7947 |
| site of the facility over a period of not more than two years; | 7948 |
| (4) An annualized average of at least one hundred fifty new | 7949 |
| full-time equivalent positions will be created and maintained at | 7950 |
| the facility; | 7951 |
| (5) More than fifty per cent of the visitors to the facility | 7952 |
| are reasonably anticipated to live at least one hundred miles from | 7953 |
| the facility. | 7954 |
| (C) "Qualifying investment" means a person's investment in | 7955 |
| land, buildings, infrastructure, and equipment for creating an | 7956 |
| impact facility. | 7957 |
| (D) "Full-time equivalent positions" means the total number | 7958 |
| of hours worked at a facility in a work week, divided by forty | 7959 |
| hours per week. | 7960 |
| Sec. 333.02. Before December 1, 2006, a board of county | 7961 |
| commissioners of a county that levies a county sales and use tax | 7962 |
| may enter into an agreement with any person that proposes to | 7963 |
| construct an impact facility in the county to provide payments to | 7964 |
| that person of up to seventy-five per cent of the county sales and | 7965 |
| use tax collected on each retail sale made by that person at the | 7966 |
| facility, for a term of up to ten years, or until the person's | 7967 |
| qualifying investment in the impact facility has been realized | 7968 |
| through the payments, whichever occurs first. | 7969 |
| Sec. 333.03. (A) A person seeking to enter into an agreement | 7970 |
| and obtain payments under section 333.02 of the Revised Code shall | 7971 |
| provide both of the following to the board of county | 7972 |
| commissioners: | 7973 |
| (1) A certification by the person's chief financial officer, | 7974 |
| or the equivalent if that position does not exist, that the | 7975 |
| criteria listed in division (B) of section 333.01 of the Revised | 7976 |
| Code will be met; and | 7977 |
| (2) An application on a form or in a format acceptable to the | 7978 |
| board that describes the proposed impact facility, including the | 7979 |
| projected level of investment in and new jobs to be created at the | 7980 |
| facility, the rationale used for determining that more than fifty | 7981 |
| per cent of the facility's visitors live at least one hundred | 7982 |
| miles from the facility, the types of activities to be conducted | 7983 |
| at the facility, the projected levels of sales to occur at the | 7984 |
| facility, a calculation of the facility's square footage that will | 7985 |
| be dedicated to educational or exhibition activities, and any | 7986 |
| other information the board of county commissioners reasonably | 7987 |
| requests about the expected operations of the facility. | 7988 |
| (B) The board of county commissioners shall request the | 7989 |
| director of development to certify that the proposed facility | 7990 |
| meets the criteria for an impact facility listed in division (B) | 7991 |
| of section 333.01 of the Revised Code. The board of county | 7992 |
| commissioners may, but need not, make findings of fact that a | 7993 |
| proposed facility meets the criteria for an impact facility listed | 7994 |
| in division (B) of section 333.01 of the Revised Code before or | 7995 |
| after requesting the certification. If the director of development | 7996 |
| certifies a proposed facility as an impact facility under this | 7997 |
| section, and if the board makes such findings, the findings and | 7998 |
| certification are conclusive and not subject to reopening at any | 7999 |
| time. | 8000 |
| Sec. 333.04. (A) After review of the items submitted under | 8001 |
| division (A) of section 333.03 of the Revised Code, and after | 8002 |
| receipt of the certification from the director of development | 8003 |
| under division (B) of that section, a board of county | 8004 |
| commissioners, before December 1, 2006, may enter into an | 8005 |
| agreement under section 333.02 of the Revised Code, provided that | 8006 |
| the board has determined all of the following: | 8007 |
| (1) The proposed impact facility is economically sound; | 8008 |
| (2) Construction of the proposed impact facility has not | 8009 |
| begun prior to the day the agreement is entered into; | 8010 |
| (3) The impact facility will benefit the county by increasing | 8011 |
| employment opportunities and strengthening the local and regional | 8012 |
| economy; and | 8013 |
| (4) Receiving payments from the board of county commissioners | 8014 |
| is a major factor in the person's decision to go forward with | 8015 |
| construction of the impact facility. | 8016 |
| (B) An agreement entered into under this section shall | 8017 |
| include all of the following: | 8018 |
| (1) A description of the impact facility that is the subject | 8019 |
| of the agreement, including the existing investment level, if any, | 8020 |
| the proposed amount of investments, the scheduled starting and | 8021 |
| completion dates for the facility, and the number and type of | 8022 |
| full-time equivalent positions to be created at the facility; | 8023 |
| (2) The percentage of the county sales and use tax collected | 8024 |
| at the impact facility that will be used to make payments to the | 8025 |
| person entering into the agreement; | 8026 |
| (3) The term of the payments and the first calendar quarter | 8027 |
| in which the person may apply for a payment under section 333.06 | 8028 |
| of the Revised Code; | 8029 |
| (4) A requirement that the amount of payments made to the | 8030 |
| person during the term established under division (B)(3) of this | 8031 |
| section shall not exceed the person's qualifying investment, and | 8032 |
| that all payments cease when that amount is reached; | 8033 |
| (5) A requirement that the person maintain operations at the | 8034 |
| impact facility for at least the term established under division | 8035 |
| (B)(3) of this section; | 8036 |
| (6) A requirement that the person annually certify to the | 8037 |
| board of county commissioners, on or before a date established by | 8038 |
| the board in the agreement, the level of investment in, the number | 8039 |
| of employees and type of full-time equivalent positions at, and | 8040 |
| the amount of county sales and use tax collected and remitted to | 8041 |
| the tax commissioner or treasurer of state from sales made at, the | 8042 |
| facility; | 8043 |
| (7) A provision stating that the creation of the proposed | 8044 |
| impact facility does not involve the relocation of more than ten | 8045 |
| full-time equivalent positions and two million dollars in taxable | 8046 |
| assets to the impact facility from another facility owned by the | 8047 |
| person, or a related member of the person, that is located in | 8048 |
| another political subdivision of this state, other than the | 8049 |
| political subdivision in which the impact facility is or will be | 8050 |
| located; | 8051 |
| (8) A provision stating that the person will not relocate | 8052 |
| more than ten full-time equivalent positions and two million | 8053 |
| dollars in taxable assets to the impact facility from another | 8054 |
| facility in another political subdivision of this state during the | 8055 |
| term of the payments without the written approval of the director | 8056 |
| of development; | 8057 |
| (9) A detailed explanation of how the person determined that | 8058 |
| more than fifty per cent of the visitors to the facility live at | 8059 |
| least one hundred miles from the facility. | 8060 |
| (C) For purposes of this section, the transfer of a full-time | 8061 |
| equivalent position or taxable asset from another political | 8062 |
| subdivision in this state to the political subdivision in which | 8063 |
| the impact facility is or will be located shall be considered a | 8064 |
| relocation, unless the person refills the full-time equivalent | 8065 |
| position, or replaces the taxable asset with an asset of equal or | 8066 |
| greater taxable value, within six months after the transfer. The | 8067 |
| person may not receive a payment under this chapter for any year | 8068 |
| in which more than ten relocations occurred without the written | 8069 |
| consent of the board of county commissioners. | 8070 |
| Sec. 333.05. (A) If a person fails to meet or comply with | 8071 |
| any provision of an agreement entered into under section 333.02 of | 8072 |
| the Revised Code, the board of county commissioners may amend the | 8073 |
| agreement to reduce the percentage or term, or both, of the | 8074 |
| payments the person is entitled to receive under the agreement. | 8075 |
| The reduction shall commence in the calendar quarter immediately | 8076 |
| following the calendar quarter in which the board amends the | 8077 |
| agreement. | 8078 |
| (B) A board of county commissioners shall submit to the | 8079 |
| department of development and to the tax commissioner a copy of | 8080 |
| each agreement entered into under section 333.02 of the Revised | 8081 |
| Code and any modifications to an agreement within thirty days | 8082 |
| after finalization or modification of the agreement. | 8083 |
| Sec. 333.06. (A) A person who has entered into an agreement | 8084 |
| with a board of county commissioners under section 333.02 of the | 8085 |
| Revised Code shall apply for payment with the county auditor on a | 8086 |
| form prescribed by the tax commissioner within sixty days after | 8087 |
| the end of each calendar quarter during which the agreement is in | 8088 |
| effect. Upon request of the county auditor, the tax commissioner | 8089 |
| shall provide to the county auditor the applicant's sales or use | 8090 |
| tax return information or any sales or use tax audit information, | 8091 |
| including information regarding state refunds of sales or use | 8092 |
| taxes, that the county auditor needs to determine the amount of | 8093 |
| the payment that should be made to the applicant. | 8094 |
| (B) On receipt of an application for payment under this | 8095 |
| section and review of the applicant's agreement with the board of | 8096 |
| county commissioners, the county auditor shall determine the | 8097 |
| amount of the payment the applicant shall receive as follows: | 8098 |
| (1) If the amount of the payment is not less than that | 8099 |
| claimed on the application, the county auditor shall certify the | 8100 |
| amount to the county treasurer, who shall make a payment to the | 8101 |
| applicant from the county sales and use tax revenues returned or | 8102 |
| distributed to the county under sections 5739.21 and 5741.03 of | 8103 |
| the Revised Code. Upon request of the board of county | 8104 |
| commissioners or the tax commissioner, the county auditor shall | 8105 |
| notify the board or the commissioner, or both, of the amount | 8106 |
| certified and the date the payment will be made. | 8107 |
| (2) If the amount of the payment is less than that claimed on | 8108 |
| the application, the county auditor shall notify the applicant and | 8109 |
| provide to the applicant the reasons why the payment is less than | 8110 |
| that claimed. If the applicant disagrees with the amount of the | 8111 |
| payment, the applicant may file an appeal with the tax | 8112 |
| commissioner pursuant to, and within the time prescribed by, | 8113 |
| section 333.07 of the Revised Code. To assist in reviewing the | 8114 |
| amount under appeal, the county auditor shall provide to the tax | 8115 |
| commissioner any information the commissioner requests. | 8116 |
| (C) A payment made under this section or under section 333.07 | 8117 |
| of the Revised Code shall not include interest. The amount of the | 8118 |
| payment shall be subject to adjustment by the county auditor, | 8119 |
| based on any refunds of the county sales and use tax that were | 8120 |
| made to the person arising from retail sales at the impact | 8121 |
| facility, including for calendar quarters in which such sales were | 8122 |
| made before the calendar quarter for which the person is | 8123 |
| requesting a payment under this section. | 8124 |
| Sec. 333.07. (A) An applicant who intends to file an appeal | 8125 |
| with the tax commissioner under division (B)(2) of section 333.06 | 8126 |
| of the Revised Code shall have sixty days from the date the county | 8127 |
| auditor mails the notice under that section, as shown by the | 8128 |
| United States postal service postmark, to file with the | 8129 |
| commissioner a notice of objection and to request a hearing. The | 8130 |
| notice of objection shall state the reasons why the applicant | 8131 |
| objects to the amount of the payment to be paid to the applicant | 8132 |
| by the county auditor. | 8133 |
| (B)(1) If an applicant who files an appeal with the tax | 8134 |
| commissioner under division (B)(2) of section 333.06 of the | 8135 |
| Revised Code does not file a notice of objection within the time | 8136 |
| limit prescribed under division (A) of this section, the tax | 8137 |
| commissioner shall take no further action and the county auditor's | 8138 |
| determination under section 333.06 of the Revised Code is final. | 8139 |
| (2)(a) If the applicant files a notice of objection and | 8140 |
| requests a hearing within the time limit prescribed by division | 8141 |
| (A) of this section, the tax commissioner shall assign a time and | 8142 |
| place for the hearing and notify the applicant of the time and | 8143 |
| place, but the commissioner may continue the hearing from time to | 8144 |
| time as necessary. After the hearing, the commissioner may make | 8145 |
| adjustments to the payment as the commissioner finds proper, and | 8146 |
| shall issue a final determination thereon. | 8147 |
| (b) If the applicant files a notice of objection within the | 8148 |
| time limit prescribed by division (A) of this section and does not | 8149 |
| request a hearing, but provides additional information within the | 8150 |
| time limit prescribed by division (A) of this section, the tax | 8151 |
| commissioner shall review the information, may make adjustments to | 8152 |
| the payment as the commissioner finds proper, and shall issue a | 8153 |
| final determination thereon. | 8154 |
| (C) The tax commissioner shall serve a copy of the | 8155 |
| commissioner's final determination under this section on the | 8156 |
| applicant that filed the appeal and on the county auditor, in the | 8157 |
| manner provided in section 5703.37 of the Revised Code. The final | 8158 |
| determination may be appealed by the applicant under section | 8159 |
| 5717.02 of the Revised Code. | 8160 |
| (D) If applicable, the county auditor shall certify to the | 8161 |
| county treasurer any payment due to a person pursuant to the tax | 8162 |
| commissioner's final determination under this section, adjusted | 8163 |
| for any changes that were made to the amount of the payment as the | 8164 |
| result of the appeal. | 8165 |
| Sec. 340.021. (A) In an alcohol, drug addiction, and mental | 8166 |
| health service district comprised of a county with a population of | 8167 |
| two hundred fifty thousand or more on October 10, 1989, the board | 8168 |
| of county commissioners shall, within thirty days of October 10, | 8169 |
| 1989, establish an alcohol and drug addiction services board as | 8170 |
| the entity responsible for providing alcohol and drug addiction | 8171 |
| services in the county, unless, prior to that date, the board | 8172 |
| adopts a resolution providing that the entity responsible for | 8173 |
| providing the services is a board of alcohol, drug addiction, and | 8174 |
| mental health services. If the board of county commissioners | 8175 |
| establishes an alcohol and drug addiction services board, the | 8176 |
| community mental health board established under former section | 8177 |
| 340.02 of the Revised Code shall serve as the entity responsible | 8178 |
| for providing mental health services in the county. A community | 8179 |
| mental health board has all the powers, duties, and obligations of | 8180 |
| a board of alcohol, drug addiction, and mental health services | 8181 |
| with regard to mental health services. An alcohol and drug | 8182 |
| addiction services board has all the powers, duties, and | 8183 |
| obligations of a board of alcohol, drug addiction, and mental | 8184 |
| health services with regard to alcohol and drug addiction | 8185 |
| services. Any provision of the Revised Code that refers to a board | 8186 |
| of alcohol, drug addiction, and mental health services with regard | 8187 |
| to mental health services also refers to a community mental health | 8188 |
| board and any provision that refers to a board of alcohol, drug | 8189 |
| addiction, and mental health services with regard to alcohol and | 8190 |
| drug addiction services also refers to an alcohol and drug | 8191 |
| addiction services board. | 8192 |
| An alcohol and drug addiction services board shall consist of | 8193 |
| eighteen members, six of whom shall be appointed by the director | 8194 |
| of alcohol and drug addiction services and twelve of whom shall be | 8195 |
| appointed by the board of county commissioners. Of the members | 8196 |
| appointed by the director, one shall be a person who has received | 8197 |
| or is receiving services for alcohol or drug addiction, one shall | 8198 |
| be a parent or relative of such a person, one shall be a | 8199 |
| professional in the field of alcohol or drug addiction services, | 8200 |
| and one shall be an advocate for persons receiving treatment for | 8201 |
| alcohol or drug addiction. The membership of the board shall, as | 8202 |
| nearly as possible, reflect the composition of the population of | 8203 |
| the service district as to race and sex. Members shall be | 8204 |
| residents of the service district and shall be interested in | 8205 |
| alcohol and drug addiction services. Requirements for membership, | 8206 |
| including prohibitions against certain family and business | 8207 |
| relationships, and terms of office shall be the same as those for | 8208 |
| members of boards of alcohol, drug addiction, and mental health | 8209 |
| services. | 8210 |
| A community mental health board shall consist of eighteen | 8211 |
| members, six of whom shall be appointed by the director of mental | 8212 |
| health and twelve of whom shall be appointed by the board of | 8213 |
| county commissioners. Of the members appointed by the director, | 8214 |
| one shall be a person who has received or is receiving mental | 8215 |
| health services, one shall be a parent or relative of such a | 8216 |
| person, one shall be a psychiatrist or a physician, and one shall | 8217 |
| be a mental health professional. The membership of the board as | 8218 |
| nearly as possible shall reflect the composition of the population | 8219 |
| of the service district as to race and sex. Members shall be | 8220 |
| residents of the service district and shall be interested in | 8221 |
| mental health services. Requirements for membership, including | 8222 |
| prohibitions against certain family and business relationships, | 8223 |
| and terms of office shall be the same as those for members of | 8224 |
| boards of alcohol, drug addiction, and mental health services. | 8225 |
| (B) If a board of county commissioners subject to division | 8226 |
| (A) of this section did not adopt a resolution providing for a | 8227 |
| board of alcohol, drug addiction, and mental health services, the | 8228 |
| board of county commissioners may | 8229 |
| establish such a board | 8230 |
| following procedures: | 8231 |
| (1) | 8232 |
| 8233 |
| | 8234 |
| 8235 | |
| 8236 | |
| 8237 | |
| 8238 | |
| the board of county commissioners shall adopt a resolution | 8239 |
| expressing its intent to establish a board of alcohol, drug | 8240 |
| addiction, and mental health services. | 8241 |
| (2) After adopting a resolution under division (B)(1) of this | 8242 |
| section, the board of county commissioners shall instruct the | 8243 |
| county's community mental health board and alcohol and drug | 8244 |
| addiction services board to prepare a report on the feasibility, | 8245 |
| process, and proposed plan to establish a board of alcohol, drug | 8246 |
| addiction, and mental health services. The board of county | 8247 |
| commissioners shall specify the date by which the report must be | 8248 |
| submitted to the board for its review. | 8249 |
| (3) After reviewing the report prepared under division (B)(2) | 8250 |
| of this section, the board may adopt a final resolution | 8251 |
| establishing a board of alcohol, drug addiction, and mental health | 8252 |
| services. A final resolution establishing such a board shall be | 8253 |
| adopted not later than July 1, 2007. | 8254 |
| Sec. 742.57. All amounts due the Ohio police and fire | 8255 |
| pension fund from the state treasury pursuant to this chapter | 8256 |
| shall be promptly paid
upon warrant of the | 8257 |
| director of budget and management pursuant to a voucher approved | 8258 |
| by the
director | 8259 |
| Sec. 901.23. (A) There is hereby created the farmland | 8260 |
|
preservation advisory board consisting of twelve voting members | 8261 |
| 8262 | |
| 8263 | |
| 8264 |
| (1) One member who is a county commissioner or a | 8265 |
| representative of a statewide organization that represents county | 8266 |
| commissioners; | 8267 |
| (2) One member who is a township trustee or a representative | 8268 |
| of a statewide organization that represents township trustees; | 8269 |
| (3) One representative of the Ohio state university; | 8270 |
| (4) One representative of a national nonprofit organization | 8271 |
| dedicated to the preservation of farmland; | 8272 |
| (5) | 8273 |
| 8274 |
| | 8275 |
| 8276 |
| | 8277 |
| | 8278 |
| 8279 | |
| 8280 | |
| office shall be staggered and shall be for three years, with each | 8281 |
| term ending on the same day of the same month as did the term that | 8282 |
| it succeeds. Each member shall hold office from the date of | 8283 |
| appointment until the end of the term for which the member was | 8284 |
| appointed, except that the term of any member who is a county | 8285 |
| commissioner or township trustee shall end when the member ceases | 8286 |
| to serve as a county commissioner or township trustee. | 8287 |
| Members may be reappointed. Vacancies shall be filled in the | 8288 |
| manner provided for original appointments. Any member appointed to | 8289 |
| fill a vacancy occurring prior to the expiration date of the term | 8290 |
| for which the member was appointed shall serve for the remainder | 8291 |
| of that term. A member shall continue to serve subsequent to the | 8292 |
| expiration date of the member's term until the member's successor | 8293 |
| takes office or until a period of sixty days has elapsed, | 8294 |
| whichever occurs first. Members shall serve at the pleasure of the | 8295 |
| director. | 8296 |
| The executive director of the office of farmland preservation | 8297 |
| in the department of agriculture or another employee of the | 8298 |
| department who is designated by the director shall serve as the | 8299 |
| nonvoting chairperson of the board. The director annually shall | 8300 |
| designate one member of the board to serve as its | 8301 |
| vice-chairperson. The board may adopt bylaws governing its | 8302 |
| operation and shall meet at a time when the director, or the | 8303 |
| director's designee, considers it appropriate in order for the | 8304 |
| board to provide advice as required under division (B) of this | 8305 |
| section. | 8306 |
| (B) The board shall provide advice to the director regarding | 8307 |
| all of the following: | 8308 |
| (1) The design and implementation of an agricultural easement | 8309 |
| purchase program; | 8310 |
| (2) The selection of applications that will be awarded | 8311 |
| matching grants under division (D) of section 901.22 of the | 8312 |
| Revised Code for the purchase of agricultural easements; | 8313 |
| (3) The design and implementation of any other statewide | 8314 |
| farmland protection measures that the director considers | 8315 |
| appropriate. | 8316 |
| (C) Serving as a member of the board does not constitute | 8317 |
| holding a public office or position of employment under the laws | 8318 |
| of this state and does not constitute grounds for removal of | 8319 |
| public officers or employees from their offices or positions of | 8320 |
| employment. | 8321 |
| (D) A board member shall be reimbursed for actual and | 8322 |
| necessary expenses incurred in the discharge of duties as a board | 8323 |
| member. | 8324 |
| Sec. 927.39. (A) As used in this section and in sections | 8325 |
| 927.40 to 927.42 of the Revised Code: | 8326 |
| (1) "Pest" has the same meaning as in section 927.51 of the | 8327 |
| Revised Code. | 8328 |
| (2) "Quarantined area" means an area that is quarantined by | 8329 |
| the director of agriculture under section 927.71 of the Revised | 8330 |
| Code or by the United States department of agriculture. | 8331 |
| (B) Counties, townships, and municipal corporations may, upon | 8332 |
| the vote of the board of county commissioners, the board of | 8333 |
| township trustees, or the legislative authority of any municipal | 8334 |
| corporation, purchase or rent
| 8335 |
| supplies designed to combat | 8336 |
| 8337 | |
| is established and may contract for the hire of necessary | 8338 |
| employees to operate such equipment and carry out sections 927.39 | 8339 |
| to 927.42 | 8340 |
| equipment or its use, supplies, and wages as are contracted for | 8341 |
| may be provided out of the general fund of such subdivision. | 8342 |
| Any two or more counties, townships, municipal corporations, | 8343 |
| or any combination of such subdivisions, may jointly contract for | 8344 |
| the purchase or
renting of such | 8345 |
| of such supplies, and for the hiring of such employees to conduct | 8346 |
| a joint effort to combat | 8347 |
| pest for which a quarantined area is established; the payment for | 8348 |
| such equipment, supplies, and labor may be made jointly, in such | 8349 |
| proportions as the board of county commissioners, the board of | 8350 |
| township trustees, or the legislative authority of a municipal | 8351 |
| corporation may agree upon, out of the general fund of any such | 8352 |
| subdivision. | 8353 |
| Sec. 927.40. The board of county commissioners, board of | 8354 |
| township trustees, or legislative authority of a municipal | 8355 |
| corporation may authorize an agent to enter upon any lands in a | 8356 |
| quarantined area within the subdivisions for the sole purpose of | 8357 |
|
inspecting such lands for the existence of | 8358 |
| 8359 | |
| established. Such powers of inspection may be exercised by any | 8360 |
| such subdivision, through its agent, solely to prepare a campaign | 8361 |
| within the subdivision against
| 8362 |
| which a quarantined area is established. | 8363 |
| Sec. 927.41. Upon the purchase or rental of | 8364 |
| equipment and the
purchase of supplies to combat | 8365 |
| 8366 | |
| established, the agents of the board of county commissioners, | 8367 |
| board of township trustees, or legislative authority of a | 8368 |
| municipal corporation may contact the owners of land in the | 8369 |
| quarantined area within the subdivision, to obtain permission to | 8370 |
| enter upon such lands to
| 8371 |
| combat that pest. After obtaining such permission, such agents may | 8372 |
| enter upon such land and | 8373 |
| pest as the owner agrees
| 8374 |
| county commissioners, board of township trustees, or legislative | 8375 |
| authority of the municipal corporation may charge
| 8376 |
| such | 8377 |
| 8378 |
| In the same manner, plants that are dead or dying | 8379 |
| 8380 | |
| pest may be removed or completely destroyed | 8381 |
| of the landowner. | 8382 |
| Sec. 927.42. (A) The board of county commissioners, the | 8383 |
| board of township trustees, or the legislative authority of any | 8384 |
| municipal corporation may obtain
the assistance of the | 8385 |
| department of agriculture | 8386 |
| department of agriculture upon any problem | 8387 |
| connection with combating dutch elm disease and phloem necrosis. | 8388 |
| (B) If the board of county commissioners, the board of | 8389 |
| township trustees, or the legislative authority of a municipal | 8390 |
| corporation issues general obligation securities under division | 8391 |
| (A)(4) of section 133.12 of the Revised Code, that board of county | 8392 |
| commissioners, board of township trustees, or legislative | 8393 |
| authority, whichever is applicable, shall do both of the | 8394 |
| following: | 8395 |
| (1) Notify the director of agriculture of that fact; | 8396 |
| (2) Coordinate and comply with the protocols and directives | 8397 |
| established by the director with respect to the quarantined area | 8398 |
| or the pest for which a quarantined area is established. | 8399 |
| Sec. 955.011. (A) When an application is made for | 8400 |
|
registration of | 8401 |
| 8402 | |
| 8403 | |
| 8404 | |
| 8405 | |
| 8406 | |
| 8407 | |
| means that the dog is | 8408 |
| 8409 | |
| assistance dog,
the owner of | 8410 |
| 8411 | |
| the dog shall
be exempt from any fee for | 8412 |
| Registration for
| 8413 |
| 8414 | |
| 8415 | |
| 8416 | |
| 8417 | |
| to annual renewal so long as the dog is | 8418 |
| an assistance dog. Certificates and tags stamped "Ohio | 8419 |
| Assistance Dog-Permanent Registration," with registration number, | 8420 |
| shall be issued upon registration of such a dog. Any certificate | 8421 |
| and tag stamped "Ohio Guide Dog-Permanent Registration" or "Ohio | 8422 |
| Hearing Dog-Permanent Registration," with registration number, | 8423 |
| that was issued for a dog in accordance with this section as it | 8424 |
|
existed prior to July 4, 1984, | 8425 |
| "Ohio Handicapped Assistance Dog-Permanent Registration," with | 8426 |
| registration number, that was issued for a dog in accordance with | 8427 |
| this section as it existed on and after July 5, 1984, | 8428 |
| prior to | 8429 |
| and any certificate and tag stamped "Ohio Service Dog-Permanent | 8430 |
| Registration," with registration number, that was issued for a dog | 8431 |
| in accordance with this section as it existed on and after | 8432 |
| November 26, 2004, but prior to the effective date of this | 8433 |
| amendment shall remain in effect as valid proof of the | 8434 |
| registration of the dog on and after | 8435 |
| 8436 | |
| dog registered in accordance with this section, upon proper proof | 8437 |
| of loss, shall be issued and no fee required. Each duplicate | 8438 |
| certificate and tag
that is issued shall be stamped "Ohio | 8439 |
| Assistance Dog-Permanent Registration." | 8440 |
| (B) As used in this section and in sections 955.16 and 955.43 | 8441 |
| of the Revised Code: | 8442 |
| (1) "Mobility impaired person" means any person, regardless | 8443 |
| of age, who is subject to a physiological defect or deficiency | 8444 |
| regardless of its cause, nature, or extent that renders the person | 8445 |
| unable to move about without the aid of crutches, a wheelchair, or | 8446 |
| any other form of support, or that limits the person's functional | 8447 |
| ability to ambulate, climb,
descend, sit, rise, or | 8448 |
| related function. "Mobility impaired person" includes a person | 8449 |
| with a neurological or psychological disability that limits the | 8450 |
| person's functional ability to ambulate, climb, descend, sit, | 8451 |
| rise, or perform any related function. "Mobility impaired person" | 8452 |
| also includes a person with a seizure disorder. | 8453 |
| (2) "Blind" means either of the following: | 8454 |
| (a) Vision twenty/two hundred or less in the better eye with | 8455 |
| proper correction | 8456 |
| (b) Field defect in the better eye with proper correction | 8457 |
| 8458 | |
| the visual field subtends an angle no greater than twenty degrees. | 8459 |
| (3) "Assistance dog" means a guide dog, hearing dog, or | 8460 |
| service dog that has been trained by a nonprofit special agency. | 8461 |
| (4) "Guide dog" means a dog that has been trained or is in | 8462 |
| training to assist a blind person. | 8463 |
| (5) "Hearing dog" means a dog that has been trained or is in | 8464 |
| training to assist a deaf or hearing-impaired person. | 8465 |
| (6) "Service dog" means a dog that has been trained or is in | 8466 |
| training to assist a mobility impaired person. | 8467 |
| Sec. 955.16. (A) Dogs that have been seized by the county | 8468 |
| dog warden and impounded shall be kept, housed, and fed for three | 8469 |
| days for the purpose of redemption, as provided by section 955.18 | 8470 |
| of the Revised Code, unless any of the following applies: | 8471 |
| (1) Immediate humane destruction of the dog is necessary | 8472 |
| because of obvious disease or injury. If the diseased or injured | 8473 |
| dog is registered, as determined from the current year's | 8474 |
| registration list maintained by the warden and the county auditor | 8475 |
| of the county where the dog is registered, the necessity of | 8476 |
| destroying the dog shall be certified by a licensed veterinarian | 8477 |
| or a registered veterinary technician. If the dog is not | 8478 |
| registered, the decision to destroy it shall be made by the | 8479 |
| warden. | 8480 |
| (2) The dog is currently registered on the registration list | 8481 |
| maintained by the warden and the auditor of the county where the | 8482 |
| dog is registered and the attempts to notify the owner, keeper, or | 8483 |
| harborer under section 955.12 of the Revised Code have failed, in | 8484 |
| which case the dog shall be kept, housed, and fed for fourteen | 8485 |
| days for the purpose of redemption. | 8486 |
| (3) The warden has contacted the owner, keeper, or harborer | 8487 |
| under section 955.12 of the Revised Code, and the owner, keeper, | 8488 |
| or harborer has requested that the dog remain in the pound or | 8489 |
| animal shelter until the owner, harborer, or keeper redeems the | 8490 |
| dog. The time for such redemption shall be not more than | 8491 |
| forty-eight hours following the end of the appropriate redemption | 8492 |
| period. | 8493 |
| At any time after such periods of redemption, any dog not | 8494 |
| redeemed shall be donated to any nonprofit special agency that is | 8495 |
|
engaged in the training of any type of assistance dogs | 8496 |
| 8497 | |
| 8498 | |
| requests that the dog be donated to it. Any dog not redeemed that | 8499 |
| is not requested by such an agency may be sold, except that no dog | 8500 |
| sold to a person other than a nonprofit teaching or research | 8501 |
| institution or organization of the type described in division (B) | 8502 |
| of this section shall be discharged from the pound or animal | 8503 |
| shelter until the animal has been registered and furnished with a | 8504 |
| valid registration tag. | 8505 |
| (B) Any dog that is not redeemed within the applicable period | 8506 |
| as specified in this section or section 955.12 of the Revised Code | 8507 |
| from the time notice is mailed to its owner, keeper, or harborer | 8508 |
| or is posted at the pound or animal shelter, as required by | 8509 |
| section 955.12 of the Revised Code, and that is not required to be | 8510 |
| donated to a nonprofit special agency engaged in the training of | 8511 |
| 8512 | |
| may, upon payment to the dog warden or poundkeeper of the sum of | 8513 |
| three dollars, be sold to any nonprofit Ohio institution or | 8514 |
| organization that is certified by the Ohio public health council | 8515 |
| as being engaged in teaching or research concerning the prevention | 8516 |
| and treatment of diseases of human beings or animals. Any dog that | 8517 |
| is donated to a nonprofit special agency engaged in the training | 8518 |
| of | 8519 |
| in accordance with division (A) of this section and any dog that | 8520 |
| is sold to any nonprofit teaching or research institution or | 8521 |
| organization shall be discharged from the pound or animal shelter | 8522 |
| without registration and may be kept by the agency or by the | 8523 |
| institution or organization without registration so long as the | 8524 |
| dog is being trained, or is being used for teaching and research | 8525 |
| purposes. | 8526 |
| Any institution or organization certified by the Ohio public | 8527 |
| health council that obtains dogs for teaching and research | 8528 |
| purposes pursuant to this section shall, at all reasonable times, | 8529 |
| make the dogs available for inspection by agents of the Ohio | 8530 |
| humane society, appointed pursuant to section 1717.04 of the | 8531 |
| Revised Code, and agents of county humane societies, appointed | 8532 |
| pursuant to section 1717.06 of the Revised Code, in order that the | 8533 |
| agents may prevent the perpetration of any act of cruelty, as | 8534 |
| defined in section 1717.01 of the Revised Code, to the dogs. | 8535 |
| (C) Any dog that the dog warden or poundkeeper is unable to | 8536 |
| dispose of, in the manner provided by this section and section | 8537 |
| 955.18 of the Revised Code, may be humanely destroyed, except that | 8538 |
| no dog shall be destroyed until twenty-four hours after it has | 8539 |
| been offered to a nonprofit teaching or research institution or | 8540 |
| organization, as provided in this section, that has made a request | 8541 |
| for dogs to the dog warden or poundkeeper. | 8542 |
| (D) An owner of a dog that is wearing a valid registration | 8543 |
| tag who presents the dog to the dog warden or poundkeeper may | 8544 |
| specify in writing that the dog shall not be offered to a | 8545 |
| nonprofit teaching or research institution or organization, as | 8546 |
| provided in this section. | 8547 |
| (E) A record of all dogs impounded, the disposition of the | 8548 |
| same, the owner's name and address, if known, and a statement of | 8549 |
| costs assessed against the dogs shall be kept by the poundkeeper, | 8550 |
|
and | 8551 |
| county treasurer quarterly. | 8552 |
| A record of all dogs received and the source that supplied | 8553 |
| them shall be kept, for a period of three years from the date of | 8554 |
| acquiring the dogs, by all institutions or organizations engaged | 8555 |
| in teaching or research concerning the prevention and treatment of | 8556 |
| diseases of human beings or animals. | 8557 |
| (F) No person shall destroy any dog by the use of a high | 8558 |
| altitude decompression chamber or by any method other than a | 8559 |
| method that immediately and painlessly renders the dog initially | 8560 |
| unconscious and subsequently dead. | 8561 |
| Sec. 955.43. (A) When either a blind, deaf or hearing | 8562 |
| impaired, or mobility impaired person or a trainer of an | 8563 |
| assistance dog is accompanied by | 8564 |
| 8565 | |
| 8566 | |
| 8567 | |
| 8568 | |
| 8569 | |
| 8570 | |
| trainer, as applicable, is entitled to the full and equal | 8571 |
| accommodations, advantages, facilities, and privileges of all | 8572 |
| public conveyances, hotels, lodging places, all places of public | 8573 |
| accommodation, amusement, or resort, all institutions of | 8574 |
| education, and other places to which the general public is | 8575 |
| invited, and may take the dog into such conveyances and places, | 8576 |
| subject only to the conditions and limitations applicable to all | 8577 |
| persons not so accompanied, except that: | 8578 |
| (1) The dog shall not occupy a seat in any public conveyance. | 8579 |
| (2) The dog shall be upon a leash while using the facilities | 8580 |
| of a common carrier. | 8581 |
| (3) Any dog in training to become | 8582 |
| 8583 | |
| insurance policy provided by the nonprofit special agency engaged | 8584 |
| in such work protecting members of the public against personal | 8585 |
| injury or property damage caused by the dog. | 8586 |
| (B) No person shall deprive a blind, deaf or hearing | 8587 |
| impaired, or mobility impaired person or a trainer of an | 8588 |
| assistance dog who is accompanied by an assistance dog of any of | 8589 |
| the advantages, facilities, or privileges provided in division (A) | 8590 |
| of this section, nor charge
the | 8591 |
| person or trainer a fee or charge for the dog. | 8592 |
| (C) As used in this section, "institutions of education" | 8593 |
| means: | 8594 |
| (1) Any state university or college as defined in section | 8595 |
| 3345.32 of the Revised Code; | 8596 |
| (2) Any private college or university that holds a | 8597 |
| certificate of authorization issued by the Ohio board of regents | 8598 |
| pursuant to Chapter 1713. of the Revised Code; | 8599 |
| (3) Any elementary or secondary school operated by a board of | 8600 |
| education; | 8601 |
| (4) Any chartered or nonchartered nonpublic elementary or | 8602 |
| secondary school; | 8603 |
| (5) Any school issued a certificate of registration by the | 8604 |
| state board of career colleges and schools. | 8605 |
| Sec. 1309.102. (A) As used in this chapter, unless the | 8606 |
| context requires otherwise: | 8607 |
| (1) "Accession" means goods that are physically united with | 8608 |
| other goods in such a manner that the identity of the original | 8609 |
| goods is not lost. | 8610 |
| (2)(a) "Account," except as used in "account for," means a | 8611 |
| right to payment of a monetary obligation, whether or not earned | 8612 |
| by performance, (i) for property that has been or is to be sold, | 8613 |
| leased, licensed, assigned, or otherwise disposed of, (ii) for | 8614 |
| services rendered or to be rendered, (iii) for a policy of | 8615 |
| insurance issued or to be issued, (iv) for a secondary obligation | 8616 |
| incurred or to be incurred, (v) for energy provided or to be | 8617 |
| provided, (vi) for the use or hire of a vessel under a charter or | 8618 |
| other contract, (vii) arising out of the use of a credit or charge | 8619 |
| card or information contained on or for use with the card, or | 8620 |
| (viii) as winnings in a lottery or other game of chance operated | 8621 |
| or sponsored by a state, governmental unit of a state, or person | 8622 |
| licensed or authorized to operate the game by a state or | 8623 |
| governmental unit of a state. | 8624 |
| (b) "Account" includes health-care insurance receivables. | 8625 |
| (c) "Account" does not include (i) rights to payment | 8626 |
| evidenced by chattel paper or an instrument, (ii) commercial tort | 8627 |
| claims, (iii) deposit accounts, (iv) investment property, (v) | 8628 |
| letter-of-credit rights or letters of credit, or (vi) rights to | 8629 |
| payment for money or funds advanced or sold, other than rights | 8630 |
| arising out of the use of a credit or charge card or information | 8631 |
| contained on or for use with the card. | 8632 |
| (3) "Account debtor" means a person who is obligated on an | 8633 |
| account, chattel paper, or general intangible. "Account debtor" | 8634 |
| does not include a person who is obligated to pay a negotiable | 8635 |
| instrument, even if the instrument constitutes part of chattel | 8636 |
| paper. | 8637 |
| (4) "Accounting," except as used in "accounting for," means a | 8638 |
| record: | 8639 |
| (a) Authenticated by a secured party; | 8640 |
| (b) Indicating the aggregate unpaid secured obligations as of | 8641 |
| a date not more than thirty-five days earlier or thirty-five days | 8642 |
| later than the date of the record; and | 8643 |
| (c) Identifying the components of the obligations in | 8644 |
| reasonable detail. | 8645 |
| (5) "Agricultural lien" means an interest, other than a | 8646 |
| security interest, in farm products: | 8647 |
| (a) That secures payment or performance of an obligation for: | 8648 |
| (i) Goods or services furnished in connection with a debtor's | 8649 |
| farming operation; or | 8650 |
| (ii) Rent on real property leased by a debtor in connection | 8651 |
| with its farming operation. | 8652 |
| (b) That is created by statute in favor of a person who: | 8653 |
| (i) In the ordinary course of business, furnished goods or | 8654 |
| services to a debtor in connection with the debtor's farming | 8655 |
| operation; or | 8656 |
| (ii) Leased real property to a debtor in connection with the | 8657 |
| debtor's farming operation; and | 8658 |
| (c) Whose effectiveness does not depend on the person's | 8659 |
| possession of the personal property. | 8660 |
| (6) "As-extracted collateral" means: | 8661 |
| (a) Oil, gas, or other minerals that are subject to a | 8662 |
| security interest that: | 8663 |
| (i) Is created by a debtor having an interest in the minerals | 8664 |
| before extraction; and | 8665 |
| (ii) Attaches to the minerals as extracted; or | 8666 |
| (b) Accounts arising out of the sale at the wellhead or | 8667 |
| minehead of oil, gas, or other minerals in which the debtor had an | 8668 |
| interest before extraction. | 8669 |
| (7) "Authenticate" means: | 8670 |
| (a) To sign; or | 8671 |
| (b) To execute or otherwise adopt a symbol, or encrypt or | 8672 |
| similarly process a record in whole or in part, with the present | 8673 |
| intent of the authenticating person to identify the person and | 8674 |
| adopt or accept a record. | 8675 |
| (8) "Bank" means an organization that is engaged in the | 8676 |
| business of banking. "Bank" includes savings banks, savings and | 8677 |
| loan associations, credit unions, and trust companies. | 8678 |
| (9) "Cash proceeds" means proceeds that are money, checks, | 8679 |
| deposit accounts, or the like. | 8680 |
| (10) "Certificate of title" means a certificate of title with | 8681 |
| respect to which a statute provides for the security interest in | 8682 |
| question to be indicated on the certificate as a condition or | 8683 |
| result of the security interest's obtaining priority over the | 8684 |
| rights of a lien creditor with respect to the collateral. | 8685 |
| (11)(a) "Chattel paper" means a record that evidences both a | 8686 |
| monetary obligation and a security interest in specific goods, a | 8687 |
| security interest in specific goods and software used in the | 8688 |
| goods, a security interest in specific goods and license of | 8689 |
| software used in the goods, a lease of specific goods, or a lease | 8690 |
| of specific goods and license of software used in the goods. | 8691 |
| As used in division (A)(11)(a) of this section, "monetary | 8692 |
| obligation" means a monetary obligation secured by the goods or | 8693 |
| owed under a lease of the goods and includes a monetary obligation | 8694 |
| with respect to software used in the goods. | 8695 |
| (b) If a transaction is evidenced by records that include an | 8696 |
| instrument or series of instruments, the group of records taken | 8697 |
| together constitutes chattel paper. | 8698 |
| (c) "Chattel paper" does not include (i) charters or other | 8699 |
| contracts involving the use or hire of a vessel or (ii) records | 8700 |
| that evidence a right to payment arising out of the use of a | 8701 |
| credit or charge card or information contained on or for use with | 8702 |
| the card. | 8703 |
| (12) "Collateral" means the property subject to a security | 8704 |
| interest or agricultural lien, including: | 8705 |
| (a) Proceeds to which a security interest attaches; | 8706 |
| (b) Accounts, chattel paper, payment intangibles, and | 8707 |
| promissory notes that have been sold; and | 8708 |
| (c) Goods that are the subject of a consignment. | 8709 |
| (13) "Commercial tort claim" means a claim arising in tort | 8710 |
| with respect to which: | 8711 |
| (a) The claimant is an organization; or | 8712 |
| (b) The claimant is an individual, and the claim: | 8713 |
| (i) Arose in the course of the claimant's business or | 8714 |
| profession; and | 8715 |
| (ii) Does not include damages arising out of personal injury | 8716 |
| to or the death of an individual. | 8717 |
| (14) "Commodity account" means an account maintained by a | 8718 |
| commodity intermediary in which a commodity contract is carried | 8719 |
| for a commodity customer. | 8720 |
| (15) "Commodity contract" means a commodity futures contract, | 8721 |
| an option on a commodity futures contract, a commodity option, or | 8722 |
| another contract if the contract or option is: | 8723 |
| (a) Traded on or subject to the rules of a board of trade | 8724 |
| that has been designated as a contract market for such a contract | 8725 |
| pursuant to the federal commodities laws; or | 8726 |
| (b) Traded on a foreign commodity board of trade, exchange, | 8727 |
| or market and is carried on the books of a commodity intermediary | 8728 |
| for a commodity customer. | 8729 |
| (16) "Commodity customer" means a person for whom a commodity | 8730 |
| intermediary carries a commodity contract on its books. | 8731 |
| (17) "Commodity intermediary" means a person that: | 8732 |
| (a) Is registered as a futures commission merchant under the | 8733 |
| federal commodities laws; or | 8734 |
| (b) In the ordinary course of its business provides clearance | 8735 |
| or settlement services for a board of trade that has been | 8736 |
| designated as a contract market pursuant to the federal | 8737 |
| commodities laws. | 8738 |
| (18) "Communicate" means: | 8739 |
| (a) To send a written or other tangible record; | 8740 |
| (b) To transmit a record by any means agreed upon by the | 8741 |
| persons sending and receiving the record; or | 8742 |
| (c) In the case of transmission of a record to or by a filing | 8743 |
| office, to transmit a record by any means prescribed by | 8744 |
| filing-office rule. | 8745 |
| (19) "Consignee" means a merchant to whom goods are delivered | 8746 |
| in a consignment. | 8747 |
| (20) "Consignment" means a transaction, regardless of its | 8748 |
| form, in which a person delivers goods to a merchant for the | 8749 |
| purpose of sale and: | 8750 |
| (a) The merchant: | 8751 |
| (i) Deals in goods of that kind under a name other than the | 8752 |
| name of the person making delivery; | 8753 |
| (ii) Is not an auctioneer; and | 8754 |
| (iii) Is not generally known by its creditors to be | 8755 |
| substantially engaged in selling the goods of others; | 8756 |
| (b) With respect to each delivery, the aggregate value of the | 8757 |
| goods is one thousand dollars or more at the time of delivery. | 8758 |
| (c) The goods are not consumer goods immediately before | 8759 |
| delivery; and | 8760 |
| (d) The transaction does not create a security interest that | 8761 |
| secures an obligation. | 8762 |
| (21) "Consignor" means a person that delivers goods to a | 8763 |
| consignee in a consignment. | 8764 |
| (22) "Consumer debtor" means a debtor in a consumer | 8765 |
| transaction. | 8766 |
| (23) "Consumer goods" means goods that are used or bought for | 8767 |
| use primarily for personal, family, or household purposes. | 8768 |
| (24) "Consumer-goods transaction" means a consumer | 8769 |
| transaction in which: | 8770 |
| (a) An individual incurs an obligation primarily for | 8771 |
| personal, family, or household purposes; and | 8772 |
| (b) A security interest in consumer goods secures the | 8773 |
| obligation. | 8774 |
| (25) "Consumer obligor" means an obligor who is an individual | 8775 |
| and who incurred the obligation as part of a transaction entered | 8776 |
| into primarily for personal, family, or household purposes. | 8777 |
| (26) "Consumer transaction" means a transaction in which: (a) | 8778 |
| an individual incurs an obligation primarily for personal, family, | 8779 |
| or household purposes, (b) a security interest secures the | 8780 |
| obligation, and (c) the collateral is held or acquired primarily | 8781 |
| for personal, family, or household purposes. "Consumer | 8782 |
| transaction" includes consumer-goods transactions. | 8783 |
| (27) "Continuation statement" means an amendment of a | 8784 |
| financing statement that: | 8785 |
| (a) Identifies, by its file number, the initial financing | 8786 |
| statement to which it relates; and | 8787 |
| (b) Indicates that it is a continuation statement for, or | 8788 |
| that it is filed to continue the effectiveness of, the identified | 8789 |
| financing statement. | 8790 |
| (28) "Debtor" means: | 8791 |
| (a) A person having an interest, other than a security | 8792 |
| interest or other lien, in the collateral, whether or not the | 8793 |
| person is an obligor; | 8794 |
| (b) A seller of accounts, chattel paper, payment intangibles, | 8795 |
| or promissory notes; or | 8796 |
| (c) A consignee. | 8797 |
| (29) "Deposit account" means a demand, time, savings, | 8798 |
| passbook, or similar account maintained with a bank but does not | 8799 |
| include investment property or accounts evidenced by an | 8800 |
| instrument. | 8801 |
| (30) "Document" means a document of title or a receipt of the | 8802 |
| type described in division (B) of section 1307.06 of the Revised | 8803 |
| Code. | 8804 |
| (31) "Electronic chattel paper" means chattel paper evidenced | 8805 |
| by a record consisting of information stored in an electronic | 8806 |
| medium. | 8807 |
| (32) "Encumbrance" means a right, other than an ownership | 8808 |
| interest, in real property. "Encumbrance" includes mortgages and | 8809 |
| other liens on real property. | 8810 |
| (33) "Equipment" means goods other than inventory, farm | 8811 |
| products, or consumer goods. | 8812 |
| (34) "Farm products" means goods, other than standing timber, | 8813 |
| with respect to which the debtor is engaged in a farming operation | 8814 |
| and that are: | 8815 |
| (a) Crops grown, growing, or to be grown, including: | 8816 |
| (i) Crops produced on trees, vines, and bushes; and | 8817 |
| (ii) Aquatic goods produced in aquacultural operations; | 8818 |
| (b) Livestock, born or unborn, including aquatic goods | 8819 |
| produced in aquacultural operations; | 8820 |
| (c) Supplies used or produced in a farming operation; or | 8821 |
| (d) Products of crops or livestock in their unmanufactured | 8822 |
| states. | 8823 |
| (35) "Farming operation" means raising, cultivating, | 8824 |
| propagating, fattening, grazing, or any other farming, livestock, | 8825 |
| or aquacultural operation. | 8826 |
| (36) "File number" means the number assigned to an initial | 8827 |
| financing statement under division (A) of section 1309.519 of the | 8828 |
| Revised Code. | 8829 |
| (37) "Filing office" means an office designated in section | 8830 |
| 1309.501 of the Revised Code as the place to file a financing | 8831 |
| statement. | 8832 |
| (38) "Filing-office rule" means a rule adopted under section | 8833 |
| 1309.526 of the Revised Code. | 8834 |
| (39) "Financing statement" means a record composed of an | 8835 |
| initial financing statement and any filed record or records | 8836 |
| relating to the initial financing statement. For the purposes of | 8837 |
| this chapter, financing statements filed for recording with the | 8838 |
| secretary of state shall not be required to include social | 8839 |
| security or employer identification numbers. | 8840 |
| (40) "Fixture filing" means the filing of a financing | 8841 |
| statement covering goods that are or are to become fixtures and | 8842 |
| satisfying divisions (A) and (B) of section 1309.502 of the | 8843 |
| Revised Code. "Fixture filing" includes the filing of a financing | 8844 |
| statement covering goods of a transmitting utility that are or are | 8845 |
| to become fixtures. | 8846 |
| (41) "Fixtures" means goods that have become so related to | 8847 |
| particular real property that an interest in them arises under | 8848 |
| real property law. | 8849 |
| (42) "General intangible" means any personal property, | 8850 |
| including things in action, other than accounts, chattel paper, | 8851 |
| commercial tort claims, deposit accounts, documents, goods, | 8852 |
| instruments, investment property, letter-of-credit rights, letters | 8853 |
| of credit, money, and oil, gas, or other minerals before | 8854 |
| extraction. "General intangible" includes payment intangibles and | 8855 |
| software. | 8856 |
| (43) "Good faith" means honesty in fact and the observance of | 8857 |
| reasonable commercial standards of fair dealing. | 8858 |
| (44)(a) "Goods" means all things that are movable when a | 8859 |
| security interest attaches. "Goods" includes (i) fixtures, (ii) | 8860 |
| standing timber that is to be cut and removed under a conveyance | 8861 |
| or contract for sale, (iii) the unborn young of animals, (iv) | 8862 |
| crops grown, growing, or to be grown, even if the crops are | 8863 |
| produced on trees, vines, or bushes, and (v) manufactured homes. | 8864 |
| (b) "Goods" also includes a computer program embedded in | 8865 |
| goods and any supporting information provided in connection with a | 8866 |
| transaction relating to the program if (i) the program is | 8867 |
| associated with the goods in such a manner that it customarily is | 8868 |
| considered part of the goods, or (ii) by becoming the owner of the | 8869 |
| goods, a person acquires a right to use the program in connection | 8870 |
| with the goods. | 8871 |
| (c) "Goods" does not include a computer program embedded in | 8872 |
| goods that consist solely of the medium in which the program is | 8873 |
| embedded. "Goods" does not include accounts, chattel paper, | 8874 |
| commercial tort claims, deposit accounts, documents, general | 8875 |
| intangibles, instruments, investment property, letter-of-credit | 8876 |
| rights, letters of credit, money, or oil, gas, or other minerals | 8877 |
| before extraction. | 8878 |
| (45) "Governmental unit" means a subdivision, agency, | 8879 |
| department, county, parish, municipal corporation, or other unit | 8880 |
| of the government of the United States, a state, or a foreign | 8881 |
| country. "Governmental unit" includes an organization having a | 8882 |
| separate corporate existence if the organization is eligible to | 8883 |
| issue debt on which interest is exempt from income taxation under | 8884 |
| the laws of the United States. | 8885 |
| (46) "Health-care-insurance receivable" means an interest in | 8886 |
| or claim under a policy of insurance that is a right to payment of | 8887 |
| a monetary obligation for health-care goods or services provided. | 8888 |
| (47)(a) "Instrument" means a negotiable instrument or any | 8889 |
| other writing that evidences a right to the payment of a monetary | 8890 |
| obligation, is not itself a security agreement or lease, and is of | 8891 |
| a type that in ordinary course of business is transferred by | 8892 |
| delivery with any necessary indorsement or assignment. | 8893 |
| (b) "Instrument" does not include (i) investment property, | 8894 |
| (ii) letters of credit, or (iii) writings that evidence a right to | 8895 |
| payment arising out of the use of a credit or charge card or | 8896 |
| information contained on or for use with the card. | 8897 |
| (48) "Inventory" means goods, other than farm products, that: | 8898 |
| (a) Are leased by a person as lessor; | 8899 |
| (b) Are held by a person for sale or lease or to be furnished | 8900 |
| under a contract of service; | 8901 |
| (c) Are furnished by a person under a contract of service; or | 8902 |
| (d) Consist of raw materials, work in process, or materials | 8903 |
| used or consumed in a business. | 8904 |
| (49) "Investment property" means a security, whether | 8905 |
| certificated or uncertificated, a security entitlement, a | 8906 |
| securities account, a commodity contract, or a commodity account. | 8907 |
| (50) "Jurisdiction of organization," with respect to a | 8908 |
| registered organization, means the jurisdiction under whose law | 8909 |
| the organization is organized. | 8910 |
| (51) "Letter-of-credit right" means a right to payment or | 8911 |
| performance under a letter of credit, whether or not the | 8912 |
| beneficiary has demanded or is at the time entitled to demand | 8913 |
| payment or performance. "Letter-of-credit right" does not include | 8914 |
| the right of a beneficiary to demand payment or performance under | 8915 |
| a letter of credit. | 8916 |
| (52) "Lien creditor" means: | 8917 |
| (a) A creditor who has acquired a lien on the property | 8918 |
| involved by attachment, levy or the like; | 8919 |
| (b) An assignee for benefit of creditors from the time of | 8920 |
| assignment; | 8921 |
| (c) A trustee in bankruptcy from the date of the filing of | 8922 |
| the petition; or | 8923 |
| (d) A receiver in equity from the time of appointment. | 8924 |
| (53) "Manufactured home" means a structure, transportable in | 8925 |
| one or more sections, that, in the traveling mode, is eight body | 8926 |
| feet or more in width or forty body feet or more in length, or, | 8927 |
| when erected on site, is three hundred twenty or more square feet, | 8928 |
| and that is built on a permanent chassis and designed to be used | 8929 |
| as a dwelling with or without a permanent foundation when | 8930 |
| connected to the required utilities, and includes the plumbing, | 8931 |
| heating, air conditioning, and electrical systems contained in the | 8932 |
| structure. "Manufactured home" includes any structure that meets | 8933 |
| all of the requirements of this paragraph except the size | 8934 |
| requirements and with respect to which the manufacturer | 8935 |
| voluntarily files a certification required by the United States | 8936 |
| secretary of housing and urban development and complies with the | 8937 |
| standards established under Title 42 of the United States Code. | 8938 |
| (54) "Manufactured-home transaction" means a secured | 8939 |
| transaction: | 8940 |
| (a) That creates a purchase-money security interest in a | 8941 |
| manufactured home, other than a manufactured home held as | 8942 |
| inventory; or | 8943 |
| (b) In which a manufactured home, other than a manufactured | 8944 |
| home held as inventory, is the primary collateral. | 8945 |
| (55) "Mortgage" means a consensual interest in real property, | 8946 |
| including fixtures, that secures payment or performance of an | 8947 |
| obligation. | 8948 |
| (56) "New debtor" means a person that becomes bound as debtor | 8949 |
| under division (D) of section 1309.203 of the Revised Code by a | 8950 |
| security agreement previously entered into by another person. | 8951 |
| (57)(a) "New value" means (i) money, (ii) money's worth in | 8952 |
| property, services, or new credit, or (iii) release by a | 8953 |
| transferee of an interest in property previously transferred to | 8954 |
| the transferee. | 8955 |
| (b) "New value" does not include an obligation substituted | 8956 |
| for another obligation. | 8957 |
| (58) "Noncash proceeds" means proceeds other than cash | 8958 |
| proceeds. | 8959 |
| (59)(a) "Obligor" means a person who, with respect to an | 8960 |
| obligation secured by a security interest in or an agricultural | 8961 |
| lien on the collateral, (i) owes payment or other performance of | 8962 |
| the obligation, (ii) has provided property other than the | 8963 |
| collateral to secure payment or other performance of the | 8964 |
| obligation, or (iii) is otherwise accountable in whole or in part | 8965 |
| for payment or other performance of the obligation. | 8966 |
| (b) "Obligor" does not include issuers or nominated persons | 8967 |
| under a letter of credit. | 8968 |
| (60) "Original debtor," except as used in division (C) of | 8969 |
| section 1309.310 of the Revised Code, means a person who, as | 8970 |
| debtor, entered into a security agreement to which a new debtor | 8971 |
| has become bound under division (D) of section 1309.203 of the | 8972 |
| Revised Code. | 8973 |
| (61) "Payment intangible" means a general intangible under | 8974 |
| which the account debtor's principal obligation is a monetary | 8975 |
| obligation. | 8976 |
| (62) "Person related to," with respect to an individual, | 8977 |
| means: | 8978 |
| (a) The spouse of the individual; | 8979 |
| (b) A brother, brother-in-law, sister, or sister-in-law of | 8980 |
| the individual; | 8981 |
| (c) An ancestor or lineal descendant of the individual or the | 8982 |
| individual's spouse; or | 8983 |
| (d) Any other relative, by blood or marriage, of the | 8984 |
| individual or the individual's spouse who shares the same home | 8985 |
| with the individual. | 8986 |
| (63) "Person related to," with respect to an organization, | 8987 |
| means: | 8988 |
| (a) A person directly or indirectly controlling, controlled | 8989 |
| by, or under common control with the organization; | 8990 |
| (b) An officer or director of, or a person performing similar | 8991 |
| functions with respect to, the organization; | 8992 |
| (c) An officer or director of, or a person performing similar | 8993 |
| functions with respect to, a person described in division | 8994 |
| (A)(63)(a) of this section; | 8995 |
| (d) The spouse of an individual described in division | 8996 |
| (A)(63)(a), (b), or (c) of this section; or | 8997 |
| (e) An individual who is related by blood or marriage to an | 8998 |
| individual described in division (A)(63)(a), (b), (c), or (d) of | 8999 |
| this section and shares the same home with the individual. | 9000 |
| (64) "Proceeds," except as used in division (B) of section | 9001 |
| 1309.609 of the Revised Code, means the following property: | 9002 |
| (a) Whatever is acquired upon the sale, lease, license, | 9003 |
| exchange, or other disposition of collateral; | 9004 |
| (b) Whatever is collected on, or distributed on account of, | 9005 |
| collateral; | 9006 |
| (c) Rights arising out of collateral; | 9007 |
| (d) To the extent of the value of collateral, claims arising | 9008 |
| out of the loss, nonconformity, or interference with the use of, | 9009 |
| defects or infringement of rights in, or damage to the collateral; | 9010 |
| or | 9011 |
| (e) To the extent of the value of collateral and to the | 9012 |
| extent payable to the debtor or the secured party, insurance | 9013 |
| payable by reason of the loss or nonconformity of, defects or | 9014 |
| infringement of rights in, or damage to the collateral. | 9015 |
| (65) "Promissory note" means an instrument that evidences a | 9016 |
| promise to pay a monetary obligation, does not evidence an order | 9017 |
| to pay, and does not contain an acknowledgment by a bank that the | 9018 |
| bank has received for deposit a sum of money or funds. | 9019 |
| (66) "Proposal" means a record authenticated by a secured | 9020 |
| party that includes the terms on which the secured party is | 9021 |
| willing to accept collateral in full or partial satisfaction of | 9022 |
| the obligation it secures pursuant to sections 1309.620, 1309.621, | 9023 |
| and 1309.622 of the Revised Code. | 9024 |
| (67) "Public-finance transaction" means a secured transaction | 9025 |
| in connection with which: | 9026 |
| (a) Debt securities are issued; | 9027 |
| (b) All or a portion of the securities issued have an initial | 9028 |
| stated maturity of at least twenty years; and | 9029 |
| (c) The debtor, obligor, secured party, account debtor or | 9030 |
| other person obligated on collateral, assignor or assignee of a | 9031 |
| secured obligation, or assignor or assignee of a security interest | 9032 |
| is a state or a governmental unit of a state. | 9033 |
| (68) "Pursuant to commitment," with respect to an advance | 9034 |
| made or other value given by a secured party, means pursuant to | 9035 |
| the secured party's obligation, whether or not a subsequent event | 9036 |
| of default or other event not within the secured party's control | 9037 |
| has relieved or may relieve the secured party from its obligation. | 9038 |
| (69) "Record," except as used in "for record," "of record," | 9039 |
| "record or legal title," and "record owner," means information | 9040 |
| that is inscribed on a tangible medium or that is stored in an | 9041 |
| electronic or other medium and is retrievable in perceivable form. | 9042 |
| (70) "Registered organization" means an organization | 9043 |
| organized solely under the law of a single state or the United | 9044 |
| States and as to which the state or the United States must | 9045 |
| maintain a public record showing the organization to have been | 9046 |
| organized. | 9047 |
| (71) "Secondary obligor" means an obligor to the extent that: | 9048 |
| (a) The obligor's obligation is secondary; or | 9049 |
| (b) The obligor has a right of recourse with respect to an | 9050 |
| obligation secured by collateral against the debtor, another | 9051 |
| obligor, or property of either. | 9052 |
| (72) "Secured party" means: | 9053 |
| (a) A person in whose favor a security interest is created or | 9054 |
| provided for under a security agreement, whether or not any | 9055 |
| obligation to be secured is outstanding; | 9056 |
| (b) A person that holds an agricultural lien; | 9057 |
| (c) A consignor; | 9058 |
| (d) A person to whom accounts, chattel paper, payment | 9059 |
| intangibles, or promissory notes have been sold; | 9060 |
| (e) A trustee, indenture trustee, agent, collateral agent, or | 9061 |
| other representative in whose favor a security interest or | 9062 |
| agricultural lien is created or provided for; or | 9063 |
| (f) A person who holds a security interest arising under | 9064 |
| section 1302.42, 1302.49, 1302.85, 1304.20, 1305.18, or 1310.54 of | 9065 |
| the Revised Code. | 9066 |
| (73) "Security agreement" means an agreement that creates or | 9067 |
| provides for a security interest. | 9068 |
| (74) "Send," in connection with a record or notification, | 9069 |
| means: | 9070 |
| (a) To deposit in the mail, deliver for transmission, or | 9071 |
| transmit by any other usual means of communication, with postage | 9072 |
| or cost of transmission provided for, addressed to any address | 9073 |
| reasonable under the circumstances; or | 9074 |
| (b) To cause the record or notification to be received within | 9075 |
| the time that it would have been received if properly sent under | 9076 |
| division (A)(74)(a) of this section. | 9077 |
| (75) "Software" means a computer program and any supporting | 9078 |
| information provided in connection with a transaction relating to | 9079 |
| the program. "Software" does not include a computer program that | 9080 |
| is included in the definition of goods. | 9081 |
| (76) "State" means a state of the United States, the District | 9082 |
| of Columbia, Puerto Rico, the United States Virgin Islands, or any | 9083 |
| territory or insular possession subject to the jurisdiction of the | 9084 |
| United States. | 9085 |
| (77) "Supporting obligation" means a letter-of-credit right | 9086 |
| or secondary obligation that supports the payment or performance | 9087 |
| of an account, chattel paper, a document, a general intangible, an | 9088 |
| instrument, or investment property. | 9089 |
| (78) "Tangible chattel paper" means chattel paper evidenced | 9090 |
| by a record consisting of information that is inscribed on a | 9091 |
| tangible medium. | 9092 |
| (79) "Termination statement" means an amendment of a | 9093 |
| financing statement that: | 9094 |
| (a) Identifies, by its file number, the initial financing | 9095 |
| statement to which it relates; and | 9096 |
| (b) Indicates either that it is a termination statement or | 9097 |
| that the identified financing statement is no longer effective. | 9098 |
| (80) "Transmitting utility" means a person primarily engaged | 9099 |
| in the business of: | 9100 |
| (a) Operating a railroad, subway, street railway, or trolley | 9101 |
| bus; | 9102 |
| (b) Transmitting communications electrically, | 9103 |
| electromagnetically, or by light; | 9104 |
| (c) Transmitting goods by pipeline or sewer; or | 9105 |
| (d) Transmitting or producing and transmitting electricity, | 9106 |
| steam, gas, or water. | 9107 |
| (B) Other definitions applying to this chapter are: | 9108 |
| (1) "Applicant" has the same meaning as in section 1305.01 of | 9109 |
| the Revised Code. | 9110 |
| (2) "Beneficiary" has the same meaning as in section 1305.01 | 9111 |
| of the Revised Code. | 9112 |
| (3) "Broker" has the same meaning as in section 1308.01 of | 9113 |
| the Revised Code. | 9114 |
| (4) "Certificated security" has the same meaning as in | 9115 |
| section 1308.01 of the Revised Code. | 9116 |
| (5) "Check" has the same meaning as in section 1303.03 of the | 9117 |
| Revised Code. | 9118 |
| (6) "Clearing corporation" has the same meaning as in section | 9119 |
| 1308.01 of the Revised Code. | 9120 |
| (7) "Contract for sale" has the same meaning as in section | 9121 |
| 1302.01 of the Revised Code. | 9122 |
| (8) "Customer" has the same meaning as in section 1304.01 of | 9123 |
| the Revised Code. | 9124 |
| (9) "Entitlement holder" has the same meaning as in section | 9125 |
| 1308.01 of the Revised Code. | 9126 |
| (10) "Financial asset" has the same meaning as in section | 9127 |
| 1308.01 of the Revised Code. | 9128 |
| (11) "Holder in due course" has the same meaning as in | 9129 |
| section 1303.32 of the Revised Code. | 9130 |
| (12) "Issuer," with respect to a letter of credit or | 9131 |
| letter-of-credit right, has the same meaning as in section 1305.01 | 9132 |
| of the Revised Code. | 9133 |
| (13) "Issuer," with respect to a security, has the same | 9134 |
| meaning as in section 1308.08 of the Revised Code. | 9135 |
| (14) "Lease," "lease agreement," "lease contract," "leasehold | 9136 |
| interest," "lessee," "lessee in ordinary course of business," | 9137 |
| "lessor," and "lessor's residual interest" have the same meanings | 9138 |
| as in section 1310.01 of the Revised Code. | 9139 |
| (15) "Letter of credit" has the same meaning as in section | 9140 |
| 1305.01 of the Revised Code. | 9141 |
| (16) "Merchant" has the same meaning as in section 1302.01 of | 9142 |
| the Revised Code. | 9143 |
| (17) "Negotiable instrument" has the same meaning as in | 9144 |
| section 1303.03 of the Revised Code. | 9145 |
| (18) "Nominated person" has the same meaning as in section | 9146 |
| 1305.01 of the Revised Code. | 9147 |
| (19) "Note" has the same meaning as in section 1303.03 of the | 9148 |
| Revised Code. | 9149 |
| (20) "Proceeds of a letter of credit" has the same meaning as | 9150 |
| in section 1305.13 of the Revised Code. | 9151 |
| (21) "Prove" has the same meaning as in section 1303.01 of | 9152 |
| the Revised Code. | 9153 |
| (22) "Sale" has the same meaning as in division (A)(11) of | 9154 |
| section 1302.01 of the Revised Code. | 9155 |
| (23) "Securities account" has the same meaning as in section | 9156 |
| 1308.51 of the Revised Code. | 9157 |
| (24) "Securities intermediary," "security," "security | 9158 |
| certificate," "security entitlement," and "uncertificated | 9159 |
| security" have the same meanings as in section 1308.01 of the | 9160 |
| Revised Code. | 9161 |
| (C) The terms and principles of construction and | 9162 |
| interpretations set forth in sections 1301.01 to 1301.14 of the | 9163 |
| Revised Code are applicable to this chapter. | 9164 |
| Sec. 1309.520. (A) A filing office shall refuse to accept a | 9165 |
| record for filing for a reason specified in division (B) of | 9166 |
| section 1309.516 of the Revised Code and may refuse to accept a | 9167 |
| record for filing only for a reason specified in that division. | 9168 |
| However, the secretary of state's office shall redact social | 9169 |
| security and employer identification numbers from filings posted | 9170 |
| on its web site. | 9171 |
| (B) If a filing office refuses to accept a record for filing, | 9172 |
| it shall communicate to the person who presented the record the | 9173 |
| fact of and reason for the refusal and the date and time the | 9174 |
| record would have been filed had the filing office accepted it. | 9175 |
| The communication must be made at the time and in the manner | 9176 |
| prescribed by the applicable filing-office rule but, in the case | 9177 |
| of a filing office described in division (A)(2) of section | 9178 |
| 1309.501 of the Revised Code, in no event more than two business | 9179 |
| days after the filing office receives the record. | 9180 |
| (C) A filed financing statement that satisfies divisions (A) | 9181 |
| and (B) of section 1309.502 of the Revised Code is effective, even | 9182 |
| if the filing office is required to refuse to accept it for filing | 9183 |
| under division (A) of this section. However, section 1309.338 of | 9184 |
| the Revised Code applies to a filed financing statement that | 9185 |
| provides information described in division (B)(5) of section | 9186 |
| 1309.516 of the Revised Code that is incorrect at the time the | 9187 |
| financing statement is filed. | 9188 |
| (D) If a record communicated to a filing office provides | 9189 |
| information that relates to more than one debtor, sections | 9190 |
| 1309.501 to 1309.527 of the Revised Code apply as to each debtor | 9191 |
| separately. | 9192 |
| Sec. 1309.521. (A) A filing office that accepts written | 9193 |
| records may not refuse to accept a written initial financing | 9194 |
| statement in the following form and format except for a reason | 9195 |
| prescribed in division (B) of section 1309.516 of the Revised | 9196 |
| Code: | 9197 |
| 9198 |
| 9199 |
| A. Name and phone of contact at filer (optional) | 9200 | |||
| ................................................................. | 9201 | |||
| B. Send acknowledgment to: (name and address) | 9202 | |||
| .................................. | 9203 | |||
| .................................. | 9204 | |||
| .................................. | The above space is for filing office use only. | 9205 | ||
| 1. DEBTOR'S EXACT FULL LEGAL NAME | 9206 | |||
| (Insert only one debtor name [1a or 1b]. Do not abbreviate or | 9207 | |||
| combine names.) | 9208 | |||
| 1a. Organization's name ......................................... | 9209 | |||
| or | 9210 | |||
| 1b. Individual's last name ............. First name ............. | 9211 | |||
| Middle name ........................... Suffix .................. | 9212 | |||
| 1c. Mailing address ............................................. | 9213 | |||
| City .......... State ....... Postal code ...... Country ........ | 9214 | |||
| 9215 | ||||
| Additional information regarding organization debtor | 9216 | |||
| 9217 | ||||
| 9218 | ||||
| 2. ADDITIONAL DEBTOR'S EXACT FULL LEGAL NAME | 9219 | |||
| (Insert only one debtor name [2a or 2b]. Do not abbreviate or | 9220 | |||
| combine names.) | 9221 | |||
| 2a. Organization's name ......................................... | 9222 | |||
| or | 9223 | |||
| 2b. Individual's last name ............. First name ............. | 9224 | |||
| Middle name ........................... Suffix .................. | 9225 | |||
| 2c. Mailing address ............................................. | 9226 | |||
| City .......... State ....... Postal code ...... Country ........ | 9227 | |||
| 9228 | ||||
| Additional information regarding organization debtor | 9229 | |||
| 9230 | ||||
| 9231 | ||||
| 3. SECURED PARTY'S NAME (or name of total assignee of assignor | 9232 | |||
| S/P). Insert only one secured party name (3a or 3b). | 9233 | |||
| 3a. Organization's name ......................................... | 9234 | |||
| or | 9235 | |||
| 3b. Individual's last name ............. First name ............. | 9236 | |||
| Middle name ........................... Suffix .................. | 9237 | |||
| 3c. Mailing address ............................................. | 9238 | |||
| City .......... State ....... Postal code ...... Country ........ | 9239 | |||
| 4. This FINANCING STATEMENT covers the following collateral: | 9240 | |||
| ................................................................. | 9241 | |||
| ................................................................. | 9242 | |||
| ................................................................. | 9243 | |||
| ................................................................. | 9244 | |||
| 5. ALTERNATIVE DESIGNATION (if applicable): | 9245 | |||
| [ ] Lessee/lessor [ ] Consignee/consignor [ ] Bailee/bailor | 9246 | |||
| [ ] Seller/buyer [ ] Ag. lien [ ] Non-UCC filing | 9247 | |||
| 6. [ ] This FINANCING STATEMENT is to be filed [for record] (or | 9248 | |||
| recorded) in the REAL ESTATE RECORDS. Attach addendum .......... | 9249 | |||
| [if applicable]. | 9250 | |||
| 7. Check to REQUEST SEARCH REPORT(S) on debtor(s) | 9251 | |||
| [ADDITIONAL FEE] .......... [optional] | 9252 | |||
| [ ] All debtors [ ] Debtor 1 [ ] Debtor 2 | 9253 | |||
| 8. OPTIONAL FILER REFERENCE DATA | 9254 | |||
| ................................................................. | 9255 | |||
| ................................................................. | 9256 | |||
| 9257 |
| 9258 |
| 9. NAME OF FIRST DEBTOR (1a OR 1b) ON RELATED FINANCING STATEMENT | 9259 | ||||
| 9a. Organization's name ......................................... | 9260 | ||||
| or | 9261 | ||||
| 9b. Individual's last name ............. First name ............. | 9262 | ||||
| Middle name ........................... Suffix .................. | 9263 | ||||
| 10. MISCELLANEOUS | 9264 | ||||
| .................................. | 9265 | ||||
| .................................. | 9266 | ||||
| .................................. | The above space is for filing office use only. | 9267 | |||
| 11. ADDITIONAL DEBTOR'S EXACT FULL LEGAL NAME | 9268 | ||||
| (Insert only one name [11a or 11b]. Do not abbreviate or combine | 9269 | ||||
| names.) | 9270 | ||||
| 11a. Organization's name ........................................ | 9271 | ||||
| or | 9272 | ||||
| 11b. Individual's last name ............. First name ............ | 9273 | ||||
| Middle name ........................... Suffix .................. | 9274 | ||||
| 11c. Mailing address ............................................ | 9275 | ||||
| City .......... State ....... Postal code ...... Country ........ | 9276 | ||||
| 9277 | |||||
| Additional information regarding organization debtor | 9278 | ||||
| 9279 | |||||
| 9280 | |||||
| 12. [ ] ADDITIONAL SECURED PARTY'S or [ ] ASSIGNOR S/P'S NAME | 9281 | ||||
| (Insert only one name [12a or 12b].) | 9282 | ||||
| 12a. Organization's name ........................................ | 9283 | ||||
| or | 9284 | ||||
| 12b. Individual's last name ............. First name ............ | 9285 | ||||
| Middle name ........................... Suffix .................. | 9286 | ||||
| 12c. Mailing address ............................................ | 9287 | ||||
| City .......... State ....... Postal code ...... Country ........ | 9288 | ||||
| 13. This FINANCING STATEMENT covers [ ] timber to be cut or | 9289 | ||||
| [ ] as-extracted collateral, or is filed as a [ ] fixture filing. | 9290 | ||||
| 14. DESCRIPTION OF REAL ESTATE: | 9291 | ||||
| ................................................................. | 9292 | ||||
| ................................................................. | 9293 | ||||
| ................................................................. | 9294 | ||||
| ................................................................. | 9295 | ||||
| 15. Name and address of a RECORD OWNER of above-described real | 9296 | ||||
| estate (if debtor does not have a record interest): | 9297 | ||||
| ................................................................. | 9298 | ||||
| ................................................................. | 9299 | ||||
| ................................................................. | 9300 | ||||
| 16. Additional collateral description: | 9301 | ||||
| ................................................................. | 9302 | ||||
| ................................................................. | 9303 | ||||
| ................................................................. | 9304 | ||||
| ................................................................. | 9305 | ||||
| 17. Check only if applicable and check only one box. | 9306 | ||||
| Debtor is a [ ] Trust or [ ] Trustee acting with respect to | 9307 | ||||
| property held in trust or [ ] Decedent's estate | 9308 | ||||
| 18. Check only if applicable and check only one box. | 9309 | ||||
| [ ] | Debtor is a transmitting utility | 9310 | |||
| [ ] | Filed in connection with a manufactured-home transaction - | 9311 | |||
| effective 30 years | 9312 | ||||
| [ ] | Filed in connection with a public-finance transaction - | 9313 | |||
| effective 30 years | 9314 | ||||
| (B) A filing office that accepts written records may not | 9315 |
| refuse to accept a written record in the following form and format | 9316 |
| except for a reason prescribed in division (B) of section 1309.516 | 9317 |
| of the Revised Code: | 9318 |
| 9319 |
| 9320 |
| A. Name and phone of contact at filer (optional) | 9321 | ||
| ................................................................ | 9322 | ||
| B. Send acknowledgment to: (name and address) | 9323 | ||
| .................................. | 9324 | ||
| .................................. | 9325 | ||
| .................................. | The above space is for filing office use only. | 9326 | |
| 1a. INITIAL FINANCING STATEMENT FILE NUMBER .................... | 9327 | ||
| 1b. [ ] This financing statement amendment is to be filed [for | 9328 | ||
| record] (or recorded) in the real estate records. | 9329 | ||
| 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. | 9330 | ||
| 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. | 9331 | ||
| 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. | 9332 | ||
| 5. AMENDMENT (PARTY INFORMATION): This amendment affects [ ] Debtor | 9333 | ||
| or [ ] Secured Party of record. Check only one of these two boxes. | 9334 | ||
| Also check one of the following three boxes and provide appropriate information in items 6 and/or 7. | 9335 | ||
| [ ] | 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. | 9336 | |
| [ ] | DELETE name. Give record name to be deleted in item 6a or 6b. | 9337 | |
| [ ] | ADD name. Complete item 7a or 7b, and also item 7c; also complete items 7d-7g (if applicable). | 9338 |
| 6. CURRENT RECORD INFORMATION: | 9339 | |
| 6a. Organization's name ......................................... | 9340 | |
| or | 9341 | |
| 6b. Individual's last name .................. First name ........ | 9342 | |
| Middle name ................................. Suffix ............ | 9343 | |
| 7. CHANGED (NEW) OR ADDED INFORMATION: | 9344 | |
| 7a. Organization's name ......................................... | 9345 | |
| or | 9346 | |
| 7b. Individual's last name .................. First name ........ | 9347 | |
| Middle name ................................. Suffix ............ | 9348 | |
| 7c. Mailing address ............................................. | 9349 | |
| City ........ State ....... Postal code ....... Country ......... | 9350 | |
| 9351 | ||
| Additional information regarding organization debtor | 9352 | |
| 9353 | ||
| 9354 | ||
| 8. AMENDMENT (COLLATERAL CHANGE). Check only one box. | 9355 | |
| Describe collateral [ ] deleted or [ ] added, or give entire | 9356 | |
| [ ] restated collateral description, or describe collateral | 9357 | |
| [ ] assigned. | 9358 | |
| ................................................................. | 9359 | |
| ................................................................. | 9360 | |
| ................................................................. | 9361 | |
| ................................................................. | 9362 | |
| 9. NAME OF SECURED PARTY OF RECORD AUTHORIZING THIS AMENDMENT | 9363 | |
| (name of assignor, if this is an assignment). If this is an | 9364 | |
| amendment authorized by a debtor that adds collateral or adds | 9365 | |
| the authorizing debtor, or if this is a termination authorized | 9366 | |
| by a debtor, check here [ ] and enter name of debtor | 9367 | |
| authorizing this amendment. | 9368 | |
| 9a. Organization's name ......................................... | 9369 | |
| or | 9370 | |
| 9b. Individual's last name ................ First name .......... | 9371 | |
| Middle name ............................... Suffix .............. | 9372 | |
| 10. OPTIONAL FILER REFERENCE DATA | 9373 | |
| ................................................................. | 9374 |
| 9375 |
| 9376 |
| 11. INITIAL FINANCING STATEMENT FILE NUMBER (same as item 1a | 9377 | ||
| on amendment form) ............................................. | 9378 | ||
| 12. NAME OF PARTY AUTHORIZING | 9379 | ||
| THIS AMENDMENT (same as item 9 | 9380 | ||
| on amendment form) | 9381 | ||
| 12a. Organization's name | 9382 | ||
| ................................. | 9383 | ||
| or | 9384 | ||
| 12b. Individual's last name | 9385 | ||
| ................................. | 9386 | ||
| First name ...................... | 9387 | ||
| Middle name .......... Suffix ... | The above space is for filing office use only. | 9388 | |
| 13. Use this space for additional information. | 9389 | ||
| ................................................................... | 9390 | ||
| ................................................................... | 9391 | ||
| ................................................................... | 9392 | ||
| ................................................................... | 9393 |
| Sec. 1317.07. No retail installment contract authorized by | 9394 |
| section 1317.03 of the Revised Code that is executed in connection | 9395 |
| with any retail installment sale shall evidence any indebtedness | 9396 |
| in excess of the time balance fixed in the written instrument in | 9397 |
| compliance with section 1317.04 of the Revised Code, but it may | 9398 |
| evidence in addition any agreements of the parties for the payment | 9399 |
| of delinquent charges, as provided for in section 1317.06 of the | 9400 |
| Revised Code, taxes, and any lawful fee actually paid out, or to | 9401 |
| be paid out, by the retail seller to any public officer for | 9402 |
| filing, recording, or releasing any instrument securing the | 9403 |
| payment of the obligation owed on any retail installment contract. | 9404 |
| No retail seller, directly or indirectly, shall charge, contract | 9405 |
| for, or receive from any retail buyer, any further or other amount | 9406 |
| for examination, service, brokerage, commission, expense, fee, or | 9407 |
| other thing of value. A documentary service charge customarily and | 9408 |
| presently being paid on May 9, 1949, in a particular business and | 9409 |
| area may be charged if the
charge does not exceed | 9410 |
| fifty dollars per sale. | 9411 |
| No retail seller shall use multiple agreements with respect | 9412 |
| to a single item or related items purchased at the same time, with | 9413 |
| intent to obtain a higher charge than would otherwise be permitted | 9414 |
| by Chapter 1317. of the Revised Code or to avoid disclosure of an | 9415 |
| annual percentage rate, nor by use of such agreements make any | 9416 |
| charge greater than that which would be permitted by Chapter 1317. | 9417 |
| of the Revised Code had a single agreement been used. | 9418 |
| Sec. 1321.02. No person shall engage in the business of | 9419 |
| lending money, credit, or choses in action in amounts of five | 9420 |
| thousand dollars or less, or exact, contract for, or receive, | 9421 |
| directly or indirectly, on or in connection with any such loan, | 9422 |
| any interest and charges that in the aggregate are greater than | 9423 |
| the interest and charges that the lender would be permitted to | 9424 |
| charge for a loan of money if the lender were not a licensee, | 9425 |
| without first having obtained a license from the division of | 9426 |
| financial institutions under sections 1321.01 to 1321.19 of the | 9427 |
| Revised Code. | 9428 |
| Sections 1321.01 to 1321.19 of the Revised Code do not apply | 9429 |
| to any person doing business under and as permitted by any law of | 9430 |
| this state, another state, or the United States relating to banks, | 9431 |
| savings banks, savings societies, trust companies, credit unions, | 9432 |
| savings and loan associations substantially all the business of | 9433 |
| which is confined to loans on real estate mortgages and evidences | 9434 |
| of their own indebtedness; to registrants conducting business | 9435 |
| pursuant to sections 1321.51 to 1321.60 of the Revised Code; to | 9436 |
| licensees conducting business pursuant to sections 1321.71 to | 9437 |
| 1321.83 of the Revised Code; | 9438 |
| pursuant to sections 1315.35 to 1315.44 of the Revised Code; or to | 9439 |
| any entity who is licensed pursuant to Title XXXIX of the Revised | 9440 |
| Code, who makes advances or loans to any person who is licensed to | 9441 |
| sell insurance pursuant to that Title, and who is authorized in | 9442 |
| writing by that entity to sell insurance. No person engaged in the | 9443 |
| business of selling tangible goods or services related thereto may | 9444 |
| receive or retain a license under sections 1321.01 to 1321.19 of | 9445 |
| the Revised Code for such place of business. | 9446 |
| The first paragraph of this section applies to any person, | 9447 |
| who by any device, subterfuge, or pretense, charges, contracts | 9448 |
| for, or receives greater interest, consideration, or charges than | 9449 |
| that authorized by this section for any such loan or use of money | 9450 |
| or for any such loan, use, or sale of credit, or who for a fee or | 9451 |
| any manner of compensation arranges or offers to find or arrange | 9452 |
| for another person to make any such loan, use, or sale of credit. | 9453 |
| This section does not preclude the acquiring, directly or | 9454 |
| indirectly, by purchase or discount, of a bona fide obligation for | 9455 |
| goods or services when such obligation is payable directly to the | 9456 |
| person who provided the goods or services. | 9457 |
| Any contract of loan in the making or collection of which an | 9458 |
| act is done by the lender that violates this section is void and | 9459 |
| the lender has no right to collect, receive, or retain any | 9460 |
| principal, interest, or charges. | 9461 |
| Sec. 1333.11. As used in sections 1333.11 to 1333.21 of the | 9462 |
| Revised Code: | 9463 |
| (A) "Cost to the retailer" means the invoice cost of | 9464 |
| cigarettes to the retailer, or the replacement cost of cigarettes | 9465 |
| to the retailer within thirty days prior to the date of sale, in | 9466 |
| the quantity last purchased, whichever is lower, less all trade | 9467 |
| discounts except customary discounts for cash, to which shall be | 9468 |
| added the cost of doing business by the retailer as evidenced by | 9469 |
| the standards and the methods of accounting regularly employed by | 9470 |
| the retailer in the retailer's allocation of overhead costs and | 9471 |
| expenses, paid or incurred. "Cost to the retailer" must include, | 9472 |
| without limitation, labor, including salaries of executives and | 9473 |
| officers, rent, depreciation, selling costs, maintenance of | 9474 |
| equipment, delivery costs, all types of licenses, insurance, | 9475 |
| advertising, and taxes, exclusive of county cigarette taxes paid | 9476 |
| or payable on the cigarettes. Where the sale to the retailer is on | 9477 |
| a cash and carry basis, the cartage to the retail outlet, if | 9478 |
| performed or paid for by the retailer, shall be added to the | 9479 |
| invoice cost of the cigarettes to the retailer. In the absence of | 9480 |
| proof of a lesser or higher cost by the retailer, the cartage cost | 9481 |
| shall be three-fourths of one per cent of the invoice cost of the | 9482 |
| cigarettes to the retailer, not including the amount added thereto | 9483 |
| by the wholesaler for the face value of state and county cigarette | 9484 |
| tax stamps affixed to each package of cigarettes. | 9485 |
| (B) In the absence of proof of a lesser or higher cost of | 9486 |
| doing business by the retailer making the sale, the cost of doing | 9487 |
| business to the retailer shall be eight per cent of the invoice | 9488 |
| cost of the cigarettes to the retailer exclusive of the face value | 9489 |
| of county cigarette taxes paid on the cigarettes or of the | 9490 |
| replacement cost of the cigarettes to the retailer within thirty | 9491 |
| days prior to the date of sale in the quantity last purchased | 9492 |
| exclusive of the face value of county cigarette taxes paid on the | 9493 |
| cigarettes, whichever is lower, less all trade discounts except | 9494 |
| customary discounts for cash. | 9495 |
| (C) "Cost to the wholesaler" means the invoice cost of the | 9496 |
| cigarettes to the wholesaler, or the replacement cost of the | 9497 |
| cigarettes to the wholesaler within thirty days prior to the date | 9498 |
| of sale, in the quantity last purchased, whichever is lower, less | 9499 |
| all trade discounts except customary discounts for cash, to which | 9500 |
| shall be added a wholesaler's markup to cover in part the cost of | 9501 |
| doing business, which wholesaler's markup, in the absence of proof | 9502 |
| of a lesser or higher cost of doing business by the wholesaler as | 9503 |
| evidenced by the standards and methods of accounting regularly | 9504 |
| employed by the wholesaler in the wholesaler's allocation of | 9505 |
| overhead costs and expenses, paid or incurred, including without | 9506 |
| limitation, labor, salaries of executives and officers, rent, | 9507 |
| depreciation, selling costs, maintenance of equipment, delivery, | 9508 |
| delivery costs, all types of licenses, taxes, insurance, and | 9509 |
| advertising, shall be three and five-tenths per cent of such | 9510 |
| invoice cost of the cigarettes to the wholesaler, to which shall | 9511 |
| be added the full face value of state and county cigarette tax | 9512 |
| stamps affixed by the wholesaler to each package of cigarettes, or | 9513 |
| of the replacement cost of the cigarettes to the wholesaler within | 9514 |
| thirty days prior to the date of sale in the quantity last | 9515 |
| purchased, whichever is lower, less all trade discounts except | 9516 |
| customary discounts for cash. Where the sale by the wholesaler to | 9517 |
| the retailer is on a cash and carry basis, the wholesaler may, in | 9518 |
| the absence of proof of a lesser or higher cost, allow to the | 9519 |
| retailer an amount not to exceed three-fourths of one per cent of | 9520 |
| the "cost to the wholesaler" excluding the amount added thereto | 9521 |
| for the face value of state and county cigarette tax stamps | 9522 |
| affixed to each package of cigarettes. | 9523 |
| (D) Any person licensed to sell cigarettes as both a | 9524 |
| wholesaler and a retailer, who does sell cigarettes at retail, | 9525 |
| shall, in determining "cost to the retailer", first compute "cost | 9526 |
| to the wholesaler" as provided in division (C) of this section; | 9527 |
| that "cost to the wholesaler" shall then be used in lieu of the | 9528 |
| lower of either invoice cost or replacement cost less all trade | 9529 |
| discounts except customary discounts for cash in computing "cost | 9530 |
| to the retailer" as provided in divisions (A) and (B) of this | 9531 |
| section. | 9532 |
| (E) In all advertisements, offers for sale, or sales | 9533 |
| involving two or more items at a combined price and in all | 9534 |
| advertisements, offers for sale, or sales involving the giving of | 9535 |
| any concession of any kind, whether it be coupons or otherwise, | 9536 |
| the retailer's or wholesaler's selling price shall not be below | 9537 |
| the "cost to the retailer" or the "cost to wholesaler", | 9538 |
| respectively, of all articles, products, commodities, and | 9539 |
| concessions included in such transactions. | 9540 |
| (F)(1) "Sell at retail," "sales at retail," and "retail | 9541 |
| sales" include any transfer of title to tangible personal property | 9542 |
| for a valuable consideration made, in the ordinary course of trade | 9543 |
| or usual prosecution of the seller's business, to the purchaser | 9544 |
| for consumption or use. | 9545 |
| (2) "Sell at wholesale," "sales at wholesale," and "wholesale | 9546 |
| sales" include any such transfer of title to tangible personal | 9547 |
| property for the purpose of resale. | 9548 |
| (G) "Retailer" includes any person who is permitted to sell | 9549 |
| cigarettes at retail within this state under section 5743.15 of | 9550 |
| the Revised Code. | 9551 |
| (H) "Wholesaler" includes any person who is permitted to sell | 9552 |
| cigarettes at wholesale within this state under that section. | 9553 |
| (I) "Person" includes individuals, corporations, | 9554 |
| partnerships, associations, joint-stock companies, business | 9555 |
| trusts, unincorporated organizations, receivers, or trustees. | 9556 |
| (J) "County cigarette taxes" means the taxes levied under | 9557 |
| section 5743.021, 5743.024, or 5743.026 of the Revised Code. | 9558 |
| Sec. 1333.82. As used in sections 1333.82 to 1333.87 of the | 9559 |
| Revised Code: | 9560 |
| (A) "Alcoholic beverages" means beer and wine as defined in | 9561 |
| section 4301.01 of the Revised Code. | 9562 |
| (B) "Manufacturer" means a person, whether located in this | 9563 |
|
state or
elsewhere, | 9564 |
| beverages to distributors in this state. | 9565 |
| (C)
"Distributor" means a person | 9566 |
| distributes
alcoholic beverages
to retail permit holders in | 9567 |
| this state, but does not include the state or any of its political | 9568 |
| subdivisions. | 9569 |
| (D) "Franchise" means a contract or any other legal device | 9570 |
| used to establish a contractual relationship between a | 9571 |
| manufacturer and a distributor. | 9572 |
| (E) "Good faith" means the duty of any party to any | 9573 |
| franchise, and all officers, employees, or agents of any party to | 9574 |
| any franchise, to act in a fair and equitable manner toward each | 9575 |
| other so as to guarantee each party freedom from coercion or | 9576 |
| intimidation; except that recommendation, endorsement, exposition, | 9577 |
| persuasion, urging, or argument shall not be considered to | 9578 |
| constitute a lack of good faith or coercion. | 9579 |
| (F) "Brand," as applied to wine, means a wine different from | 9580 |
| any other wine in respect to type, brand, trade name, or container | 9581 |
| size. | 9582 |
| (G) "Sales area or territory" means an exclusive geographic | 9583 |
| area or territory that is assigned to a particular A or B permit | 9584 |
| holder and that either has one or more political subdivisions as | 9585 |
| its boundaries or consists of an area of land with readily | 9586 |
| identifiable geographic boundaries. "Sales area or territory" does | 9587 |
| not include, however, any particular retail location in an | 9588 |
|
exclusive geographic area or territory that | 9589 |
| to another A or B permit holder before April 9, 2001. | 9590 |
| Sec. 1523.02. If the governor approves the plans, | 9591 |
| specifications, and estimates authorized by section 1523.01 of the | 9592 |
| Revised Code, the chief of the division of water shall thereupon | 9593 |
| proceed, as provided in sections 1523.02 to 1523.13 of the Revised | 9594 |
| Code, to construct the improvements or to make alterations in or | 9595 |
| to enlarge those already existing, in such manner and form as is | 9596 |
| shown by such plans and specifications. In order to provide the | 9597 |
| funds for such construction, alteration, or enlargement, the chief | 9598 |
| shall issue and sell bonds of the state, not in excess of the | 9599 |
| estimated cost of such improvements. The bonds shall be issued in | 9600 |
| denominations of not less than one hundred dollars payable as a | 9601 |
| whole or in series on or before fifty years from the date thereof, | 9602 |
| with interest not to exceed the rate provided in section 9.95 of | 9603 |
| the Revised Code, payable either annually or semiannually. | 9604 |
| The bonds shall show on their face the purpose for which | 9605 |
| issued and shall create no liability upon or be considered an | 9606 |
| indebtedness of the state, but both the principal and interest | 9607 |
| shall be paid solely out of the proceeds arising from the | 9608 |
| improvements constructed, altered, or enlarged by the chief, or | 9609 |
| from the proceeds of the sale or foreclosure of the lien securing | 9610 |
| the bonds on such improvement or such part thereof as is | 9611 |
| constructed from the money realized from the sale of the bonds. | 9612 |
| The form of the bonds shall be approved by the attorney | 9613 |
| general, and they shall be signed by the governor and attested by | 9614 |
| the director of natural resources and the chief. The bonds may be | 9615 |
| issued as coupon bonds, payable to bearer only, or upon demand of | 9616 |
| the owner or holder thereof as registered bonds. | 9617 |
| Such bonds shall be sold by the chief to the highest bidder | 9618 |
| therefor, but for not less than the par value thereof, with | 9619 |
| accrued interest thereon, after thirty days' notice in at least | 9620 |
| two newspapers of general circulation in the county where such | 9621 |
| improvements are to be constructed, altered, or enlarged, setting | 9622 |
| forth the nature, amount, rate of interest, and length of time the | 9623 |
| bonds have to run, with the time and place of sale. | 9624 |
| The treasurer of state shall be the treasurer of the fund | 9625 |
| realized from the sale of such bonds, and the auditor of state | 9626 |
| shall be the auditor of such fund. The proceeds of such sale shall | 9627 |
| be turned over to the treasurer of state and shall be deposited by | 9628 |
| 9629 | |
| Columbus or in the county in which such improvements are located. | 9630 |
| Such proceeds shall be kept by such bank in a fund to be known as | 9631 |
| the water conservation improvement fund. Such fund shall be used | 9632 |
| to acquire the necessary real estate and to construct such new | 9633 |
| improvements and for no other purpose, except that the treasurer | 9634 |
| of state may pay the interest on the bonds during the period of | 9635 |
| condemnation and the construction, alteration, or enlargement of | 9636 |
| such improvements out of the proceeds arising from the sale of the | 9637 |
| bonds for a term not exceeding three years from the date on which | 9638 |
| the bonds are issued. The bank shall give bond to the state in | 9639 |
| such amount as the treasurer of state considers advisable, and | 9640 |
| with surety to | 9641 |
| the benefit of the holders of the bonds, and for the benefit of | 9642 |
| any contractors performing labor or furnishing material for such | 9643 |
| improvements, as provided by law, conditioned that it will safely | 9644 |
| keep the money and will make no payments or disbursements | 9645 |
| therefrom except as provided in sections 1523.01 to 1523.13 of the | 9646 |
| Revised Code. | 9647 |
| The treasurer of state shall hold such fund as trustee for | 9648 |
| the holders of the bonds and for all persons performing labor or | 9649 |
| furnishing material for the construction, alteration, or | 9650 |
| enlargement of any improvement made under such sections. Such | 9651 |
| funds shall not be turned into the state treasury, but shall be | 9652 |
| deposited and disbursed by the treasurer of state as provided in | 9653 |
| such sections. The interest coupons attached to such bonds shall | 9654 |
|
bear the signature of the treasurer of state, executed by | 9655 |
| treasurer of state or printed or lithographed thereon. | 9656 |
| Both the interest and principal of such bonds shall be made | 9657 |
| payable at the office of the treasurer of state in Columbus, and | 9658 |
|
shall be paid by the treasurer of state, without warrant | 9659 |
| 9660 | |
| management, to the owner or holder of such bonds upon presentation | 9661 |
| by the owner or holder of matured interest coupons or bonds. | 9662 |
| Sec. 1901.31. The clerk and deputy clerks of a municipal | 9663 |
| court shall be selected, be compensated, give bond, and have | 9664 |
| powers and duties as follows: | 9665 |
| (A) There shall be a clerk of the court who is appointed or | 9666 |
| elected as follows: | 9667 |
| (1)(a) Except in the Akron, Barberton, Cuyahoga Falls, | 9668 |
| Toledo, Hamilton county, Portage county, and Wayne county | 9669 |
| municipal courts, if the population of the territory equals or | 9670 |
| exceeds one hundred thousand at the regular municipal election | 9671 |
| immediately preceding the expiration of the term of the present | 9672 |
| clerk, the clerk shall be nominated and elected by the qualified | 9673 |
| electors of the territory in the manner that is provided for the | 9674 |
| nomination and election of judges in section 1901.07 of the | 9675 |
| Revised Code. | 9676 |
| The clerk so elected shall hold office for a term of six | 9677 |
| years, which term shall commence on the first day of January | 9678 |
| following the clerk's election and continue until the clerk's | 9679 |
| successor is elected and qualified. | 9680 |
| (b) In the Hamilton county municipal court, the clerk of | 9681 |
| courts of Hamilton county shall be the clerk of the municipal | 9682 |
| court and may appoint an assistant clerk who shall receive the | 9683 |
| compensation, payable out of the treasury of Hamilton county in | 9684 |
| semimonthly installments, that the board of county commissioners | 9685 |
| prescribes. The clerk of courts of Hamilton county, acting as the | 9686 |
| clerk of the Hamilton county municipal court and assuming the | 9687 |
| duties of that office, shall receive compensation at one-fourth | 9688 |
| the rate that is prescribed for the clerks of courts of common | 9689 |
| pleas as determined in accordance with the population of the | 9690 |
| county and the rates set forth in sections 325.08 and 325.18 of | 9691 |
| the Revised Code. This compensation shall be paid from the county | 9692 |
| treasury in semimonthly installments and is in addition to the | 9693 |
| annual compensation that is received for the performance of the | 9694 |
| duties of the clerk of courts of Hamilton county, as provided in | 9695 |
| sections 325.08 and 325.18 of the Revised Code. | 9696 |
| (c) In the Portage county and Wayne county municipal courts, | 9697 |
| the clerks of courts of Portage county and Wayne county shall be | 9698 |
| the clerks, respectively, of the Portage county and Wayne county | 9699 |
| municipal courts and may appoint a chief deputy clerk for each | 9700 |
| branch that is established pursuant to section 1901.311 of the | 9701 |
| Revised Code and assistant clerks as the judges of the municipal | 9702 |
| court determine are necessary, all of whom shall receive the | 9703 |
| compensation that the legislative authority prescribes. The clerks | 9704 |
| of courts of Portage county and Wayne county, acting as the clerks | 9705 |
| of the Portage county and Wayne county municipal courts and | 9706 |
| assuming the duties of these offices, shall receive compensation | 9707 |
| payable from the county treasury in semimonthly installments at | 9708 |
| one-fourth the rate that is prescribed for the clerks of courts of | 9709 |
| common pleas as determined in accordance with the population of | 9710 |
| the county and the rates set forth in sections 325.08 and 325.18 | 9711 |
| of the Revised Code. | 9712 |
| (d) Except as otherwise provided in division (A)(1)(d) of | 9713 |
| this section, in the Akron municipal court, candidates for | 9714 |
| election to the office of clerk of the court shall be nominated by | 9715 |
| primary election. The primary election shall be held on the day | 9716 |
| specified in the charter of the city of Akron for the nomination | 9717 |
| of municipal officers. Notwithstanding any contrary provision of | 9718 |
| section 3513.05 or 3513.257 of the Revised Code, the declarations | 9719 |
| of candidacy and petitions of partisan candidates and the | 9720 |
| nominating petitions of independent candidates for the office of | 9721 |
| clerk of the Akron municipal court shall be signed by at least | 9722 |
| fifty qualified electors of the territory of the court. | 9723 |
| The candidates shall file a declaration of candidacy and | 9724 |
| petition, or a nominating petition, whichever is applicable, not | 9725 |
| later than four p.m. of the seventy-fifth day before the day of | 9726 |
| the primary election, in the form prescribed by section 3513.07 or | 9727 |
| 3513.261 of the Revised Code. The declaration of candidacy and | 9728 |
| petition, or the nominating petition, shall conform to the | 9729 |
| applicable requirements of section 3513.05 or 3513.257 of the | 9730 |
| Revised Code. | 9731 |
| If no valid declaration of candidacy and petition is filed by | 9732 |
| any person for nomination as a candidate of a particular political | 9733 |
| party for election to the office of clerk of the Akron municipal | 9734 |
| court, a primary election shall not be held for the purpose of | 9735 |
| nominating a candidate of that party for election to that office. | 9736 |
| If only one person files a valid declaration of candidacy and | 9737 |
| petition for nomination as a candidate of a particular political | 9738 |
| party for election to that office, a primary election shall not be | 9739 |
| held for the purpose of nominating a candidate of that party for | 9740 |
| election to that office, and the candidate shall be issued a | 9741 |
| certificate of nomination in the manner set forth in section | 9742 |
| 3513.02 of the Revised Code. | 9743 |
| Declarations of candidacy and petitions, nominating | 9744 |
| petitions, and certificates of nomination for the office of clerk | 9745 |
| of the Akron municipal court shall contain a designation of the | 9746 |
| term for which the candidate seeks election. At the following | 9747 |
| regular municipal election, all candidates for the office shall be | 9748 |
| submitted to the qualified electors of the territory of the court | 9749 |
| in the manner that is provided in section 1901.07 of the Revised | 9750 |
| Code for the election of the judges of the court. The clerk so | 9751 |
| elected shall hold office for a term of six years, which term | 9752 |
| shall commence on the first day of January following the clerk's | 9753 |
| election and continue until the clerk's successor is elected and | 9754 |
| qualified. | 9755 |
| (e) Except as otherwise provided in division (A)(1)(e) of | 9756 |
| this section, in the Barberton municipal court, candidates for | 9757 |
| election to the office of clerk of the court shall be nominated by | 9758 |
| primary election. The primary election shall be held on the day | 9759 |
| specified in the charter of the city of Barberton for the | 9760 |
| nomination of municipal officers. Notwithstanding any contrary | 9761 |
| provision of section 3513.05 or 3513.257 of the Revised Code, the | 9762 |
| declarations of candidacy and petitions of partisan candidates and | 9763 |
| the nominating petitions of independent candidates for the office | 9764 |
| of clerk of the Barberton municipal court shall be signed by at | 9765 |
| least fifty qualified electors of the territory of the court. | 9766 |
| The candidates shall file a declaration of candidacy and | 9767 |
| petition, or a nominating petition, whichever is applicable, not | 9768 |
| later than four p.m. of the seventy-fifth day before the day of | 9769 |
| the primary election, in the form prescribed by section 3513.07 or | 9770 |
| 3513.261 of the Revised Code. The declaration of candidacy and | 9771 |
| petition, or the nominating petition, shall conform to the | 9772 |
| applicable requirements of section 3513.05 or 3513.257 of the | 9773 |
| Revised Code. | 9774 |
| If no valid declaration of candidacy and petition is filed by | 9775 |
| any person for nomination as a candidate of a particular political | 9776 |
| party for election to the office of clerk of the Barberton | 9777 |
| municipal court, a primary election shall not be held for the | 9778 |
| purpose of nominating a candidate of that party for election to | 9779 |
| that office. If only one person files a valid declaration of | 9780 |
| candidacy and petition for nomination as a candidate of a | 9781 |
| particular political party for election to that office, a primary | 9782 |
| election shall not be held for the purpose of nominating a | 9783 |
| candidate of that party for election to that office, and the | 9784 |
| candidate shall be issued a certificate of nomination in the | 9785 |
| manner set forth in section 3513.02 of the Revised Code. | 9786 |
| Declarations of candidacy and petitions, nominating | 9787 |
| petitions, and certificates of nomination for the office of clerk | 9788 |
| of the Barberton municipal court shall contain a designation of | 9789 |
| the term for which the candidate seeks election. At the following | 9790 |
| regular municipal election, all candidates for the office shall be | 9791 |
| submitted to the qualified electors of the territory of the court | 9792 |
| in the manner that is provided in section 1901.07 of the Revised | 9793 |
| Code for the election of the judges of the court. The clerk so | 9794 |
| elected shall hold office for a term of six years, which term | 9795 |
| shall commence on the first day of January following the clerk's | 9796 |
| election and continue until the clerk's successor is elected and | 9797 |
| qualified. | 9798 |
| (f) Except as otherwise provided in division (A)(1)(f) of | 9799 |
| this section, in the Cuyahoga Falls municipal court, candidates | 9800 |
| for election to the office of clerk of the court shall be | 9801 |
| nominated by primary election. The primary election shall be held | 9802 |
| on the day specified in the charter of the city of Cuyahoga Falls | 9803 |
| for the nomination of municipal officers. Notwithstanding any | 9804 |
| contrary provision of section 3513.05 or 3513.257 of the Revised | 9805 |
| Code, the declarations of candidacy and petitions of partisan | 9806 |
| candidates and the nominating petitions of independent candidates | 9807 |
| for the office of clerk of the Cuyahoga Falls municipal court | 9808 |
| shall be signed by at least fifty qualified electors of the | 9809 |
| territory of the court. | 9810 |
| The candidates shall file a declaration of candidacy and | 9811 |
| petition, or a nominating petition, whichever is applicable, not | 9812 |
| later than four p.m. of the seventy-fifth day before the day of | 9813 |
| the primary election, in the form prescribed by section 3513.07 or | 9814 |
| 3513.261 of the Revised Code. The declaration of candidacy and | 9815 |
| petition, or the nominating petition, shall conform to the | 9816 |
| applicable requirements of section 3513.05 or 3513.257 of the | 9817 |
| Revised Code. | 9818 |
| If no valid declaration of candidacy and petition is filed by | 9819 |
| any person for nomination as a candidate of a particular political | 9820 |
| party for election to the office of clerk of the Cuyahoga Falls | 9821 |
| municipal court, a primary election shall not be held for the | 9822 |
| purpose of nominating a candidate of that party for election to | 9823 |
| that office. If only one person files a valid declaration of | 9824 |
| candidacy and petition for nomination as a candidate of a | 9825 |
| particular political party for election to that office, a primary | 9826 |
| election shall not be held for the purpose of nominating a | 9827 |
| candidate of that party for election to that office, and the | 9828 |
| candidate shall be issued a certificate of nomination in the | 9829 |
| manner set forth in section 3513.02 of the Revised Code. | 9830 |
| Declarations of candidacy and petitions, nominating | 9831 |
| petitions, and certificates of nomination for the office of clerk | 9832 |
| of the Cuyahoga Falls municipal court shall contain a designation | 9833 |
| of the term for which the candidate seeks election. At the | 9834 |
| following regular municipal election, all candidates for the | 9835 |
| office shall be submitted to the qualified electors of the | 9836 |
| territory of the court in the manner that is provided in section | 9837 |
| 1901.07 of the Revised Code for the election of the judges of the | 9838 |
| court. The clerk so elected shall hold office for a term of six | 9839 |
| years, which term shall commence on the first day of January | 9840 |
| following the clerk's election and continue until the clerk's | 9841 |
| successor is elected and qualified. | 9842 |
| (g) Except as otherwise provided in division (A)(1)(g) of | 9843 |
| this section, in the Toledo municipal court, candidates for | 9844 |
| election to the office of clerk of the court shall be nominated by | 9845 |
| primary election. The primary election shall be held on the day | 9846 |
| specified in the charter of the city of Toledo for the nomination | 9847 |
| of municipal officers. Notwithstanding any contrary provision of | 9848 |
| section 3513.05 or 3513.257 of the Revised Code, the declarations | 9849 |
| of candidacy and petitions of partisan candidates and the | 9850 |
| nominating petitions of independent candidates for the office of | 9851 |
| clerk of the Toledo municipal court shall be signed by at least | 9852 |
| fifty qualified electors of the territory of the court. | 9853 |
| The candidates shall file a declaration of candidacy and | 9854 |
| petition, or a nominating petition, whichever is applicable, not | 9855 |
| later than four p.m. of the seventy-fifth day before the day of | 9856 |
| the primary election, in the form prescribed by section 3513.07 or | 9857 |
| 3513.261 of the Revised Code. The declaration of candidacy and | 9858 |
| petition, or the nominating petition, shall conform to the | 9859 |
| applicable requirements of section 3513.05 or 3513.257 of the | 9860 |
| Revised Code. | 9861 |
| If no valid declaration of candidacy and petition is filed by | 9862 |
| any person for nomination as a candidate of a particular political | 9863 |
| party for election to the office of clerk of the Toledo municipal | 9864 |
| court, a primary election shall not be held for the purpose of | 9865 |
| nominating a candidate of that party for election to that office. | 9866 |
| If only one person files a valid declaration of candidacy and | 9867 |
| petition for nomination as a candidate of a particular political | 9868 |
| party for election to that office, a primary election shall not be | 9869 |
| held for the purpose of nominating a candidate of that party for | 9870 |
| election to that office, and the candidate shall be issued a | 9871 |
| certificate of nomination in the manner set forth in section | 9872 |
| 3513.02 of the Revised Code. | 9873 |
| Declarations of candidacy and petitions, nominating | 9874 |
| petitions, and certificates of nomination for the office of clerk | 9875 |
| of the Toledo municipal court shall contain a designation of the | 9876 |
| term for which the candidate seeks election. At the following | 9877 |
| regular municipal election, all candidates for the office shall be | 9878 |
| submitted to the qualified electors of the territory of the court | 9879 |
| in the manner that is provided in section 1901.07 of the Revised | 9880 |
| Code for the election of the judges of the court. The clerk so | 9881 |
| elected shall hold office for a term of six years, which term | 9882 |
| shall commence on the first day of January following the clerk's | 9883 |
| election and continue until the clerk's successor is elected and | 9884 |
| qualified. | 9885 |
| (2)(a) Except for the Alliance, Auglaize county, Brown | 9886 |
| county, Columbiana county, Lorain, Massillon, and Youngstown | 9887 |
| municipal courts, in a municipal court for which the population of | 9888 |
| the territory is less than one hundred thousand, the clerk shall | 9889 |
| be appointed by the court, and the clerk shall hold office until | 9890 |
| the clerk's successor is appointed and qualified. | 9891 |
| (b) In the Alliance, Lorain, Massillon, and Youngstown | 9892 |
| municipal courts, the clerk shall be elected for a term of office | 9893 |
| as described in division (A)(1)(a) of this section. | 9894 |
| (c) In the Auglaize county and Brown county municipal courts, | 9895 |
| the clerks of courts of Auglaize county and Brown county shall be | 9896 |
| the clerks, respectively, of the Auglaize county and Brown county | 9897 |
| municipal courts and may appoint a chief deputy clerk for each | 9898 |
| branch that is established pursuant to section 1901.311 of the | 9899 |
| Revised Code, and assistant clerks as the judge of the court | 9900 |
| determines are necessary, all of whom shall receive the | 9901 |
| compensation that the legislative authority prescribes. The clerks | 9902 |
| of courts of Auglaize county and Brown county, acting as the | 9903 |
| clerks of the Auglaize county and Brown county municipal courts | 9904 |
| and assuming the duties of these offices, shall receive | 9905 |
| compensation payable from the county treasury in semimonthly | 9906 |
| installments at one-fourth the rate that is prescribed for the | 9907 |
| clerks of courts of common pleas as determined in accordance with | 9908 |
| the population of the county and the rates set forth in sections | 9909 |
| 325.08 and 325.18 of the Revised Code. | 9910 |
| (d) In the Columbiana county municipal court, the clerk of | 9911 |
| courts of Columbiana county shall be the clerk of the municipal | 9912 |
| court, may appoint a chief deputy clerk for each branch office | 9913 |
| that is established pursuant to section 1901.311 of the Revised | 9914 |
| Code, and may appoint any assistant clerks that the judges of the | 9915 |
| court determine are necessary. All of the chief deputy clerks and | 9916 |
| assistant clerks shall receive the compensation that the | 9917 |
| legislative authority prescribes. The clerk of courts of | 9918 |
| Columbiana county, acting as the clerk of the Columbiana county | 9919 |
| municipal court and assuming the duties of that office, shall | 9920 |
| receive in either biweekly installments or semimonthly | 9921 |
| installments, as determined by the payroll administrator, | 9922 |
| compensation payable from the county treasury | 9923 |
| 9924 | |
| clerks of courts of common pleas as determined in accordance with | 9925 |
| the population of the county and the rates set forth in sections | 9926 |
| 325.08 and 325.18 of the Revised Code. | 9927 |
| (3) During the temporary absence of the clerk due to illness, | 9928 |
| vacation, or other proper cause, the court may appoint a temporary | 9929 |
| clerk, who shall be paid the same compensation, have the same | 9930 |
| authority, and perform the same duties as the clerk. | 9931 |
| (B) Except in the Hamilton county, Portage county, and Wayne | 9932 |
| county municipal courts, if a vacancy occurs in the office of the | 9933 |
| clerk of the Alliance, Lorain, Massillon, or Youngstown municipal | 9934 |
| court or occurs in the office of the clerk of a municipal court | 9935 |
| for which the population of the territory equals or exceeds one | 9936 |
| hundred thousand because the clerk ceases to hold the office | 9937 |
| before the end of the clerk's term or because a clerk-elect fails | 9938 |
| to take office, the vacancy shall be filled, until a successor is | 9939 |
| elected and qualified, by a person chosen by the residents of the | 9940 |
| territory of the court who are members of the county central | 9941 |
| committee of the political party by which the last occupant of | 9942 |
| that office or the clerk-elect was nominated. Not less than five | 9943 |
| nor more than fifteen days after a vacancy occurs, those members | 9944 |
| of that county central committee shall meet to make an appointment | 9945 |
| to fill the vacancy. At least four days before the date of the | 9946 |
| meeting, the chairperson or a secretary of the county central | 9947 |
| committee shall notify each such member of that county central | 9948 |
| committee by first class mail of the date, time, and place of the | 9949 |
| meeting and its purpose. A majority of all such members of that | 9950 |
| county central committee constitutes a quorum, and a majority of | 9951 |
| the quorum is required to make the appointment. If the office so | 9952 |
| vacated was occupied or was to be occupied by a person not | 9953 |
| nominated at a primary election, or if the appointment was not | 9954 |
| made by the committee members in accordance with this division, | 9955 |
| the court shall make an appointment to fill the vacancy. A | 9956 |
| successor shall be elected to fill the office for the unexpired | 9957 |
| term at the first municipal election that is held more than one | 9958 |
| hundred twenty days after the vacancy occurred. | 9959 |
| (C)(1) In a municipal court, other than the Auglaize county, | 9960 |
| the Brown county, the Columbiana county, and the Lorain municipal | 9961 |
| courts, for which the population of the territory is less than one | 9962 |
| hundred thousand, the clerk of the municipal court shall receive | 9963 |
| the annual compensation that the presiding judge of the court | 9964 |
| prescribes, if the revenue of the court for the preceding calendar | 9965 |
| year, as certified by the auditor or chief fiscal officer of the | 9966 |
| municipal corporation in which the court is located or, in the | 9967 |
| case of a county-operated municipal court, the county auditor, is | 9968 |
| equal to or greater than the expenditures, including any debt | 9969 |
| charges, for the operation of the court payable under this chapter | 9970 |
| from the city treasury or, in the case of a county-operated | 9971 |
| municipal court, the county treasury for that calendar year, as | 9972 |
| also certified by the auditor or chief fiscal officer. If the | 9973 |
| revenue of a municipal court, other than the Auglaize county, the | 9974 |
| Brown county, the Columbiana county, and the Lorain municipal | 9975 |
| courts, for which the population of the territory is less than one | 9976 |
| hundred thousand for the preceding calendar year as so certified | 9977 |
| is not equal to or greater than those expenditures for the | 9978 |
| operation of the court for that calendar year as so certified, the | 9979 |
| clerk of a municipal court shall receive the annual compensation | 9980 |
| that the legislative authority prescribes. As used in this | 9981 |
| division, "revenue" means the total of all costs and fees that are | 9982 |
| collected and paid to the city treasury or, in a county-operated | 9983 |
| municipal court, the county treasury by the clerk of the municipal | 9984 |
| court under division (F) of this section and all interest received | 9985 |
| and paid to the city treasury or, in a county-operated municipal | 9986 |
| court, the county treasury in relation to the costs and fees under | 9987 |
| division (G) of this section. | 9988 |
| (2) In a municipal court, other than the Hamilton county, | 9989 |
| Portage county, and Wayne county municipal courts, for which the | 9990 |
| population of the territory is one hundred thousand or more, and | 9991 |
| in the Lorain municipal court, the clerk of the municipal court | 9992 |
| shall receive annual compensation in a sum equal to eighty-five | 9993 |
| per cent of the salary of a judge of the court. | 9994 |
| (3) The compensation of a clerk described in division (C)(1) | 9995 |
| or (2) of this section is payable in semimonthly installments from | 9996 |
| the same sources and in the same manner as provided in section | 9997 |
| 1901.11 of the Revised Code. | 9998 |
| (D) Before entering upon the duties of the clerk's office, | 9999 |
| the clerk of a municipal court shall give bond of not less than | 10000 |
| six thousand dollars to be determined by the judges of the court, | 10001 |
| conditioned upon the faithful performance of the clerk's duties. | 10002 |
| (E) The clerk of a municipal court may do all of the | 10003 |
| following: administer oaths, take affidavits, and issue executions | 10004 |
| upon any judgment rendered in the court, including a judgment for | 10005 |
| unpaid costs; issue, sign, and attach the seal of the court to all | 10006 |
| writs, process, subpoenas, and papers issuing out of the court; | 10007 |
| and approve all bonds, sureties, recognizances, and undertakings | 10008 |
| fixed by any judge of the court or by law. The clerk may refuse to | 10009 |
| accept for filing any pleading or paper submitted for filing by a | 10010 |
| person who has been found to be a vexatious litigator under | 10011 |
| section 2323.52 of the Revised Code and who has failed to obtain | 10012 |
| leave to proceed under that section. The clerk shall do all of the | 10013 |
| following: file and safely keep all journals, records, books, and | 10014 |
| papers belonging or appertaining to the court; record the | 10015 |
| proceedings of the court; perform all other duties that the judges | 10016 |
| of the court may prescribe; and keep a book showing all receipts | 10017 |
| and disbursements, which book shall be open for public inspection | 10018 |
| at all times. | 10019 |
| The clerk shall prepare and maintain a general index, a | 10020 |
| docket, and other records that the court, by rule, requires, all | 10021 |
| of which shall be the public records of the court. In the docket, | 10022 |
| the clerk shall enter, at the time of the commencement of an | 10023 |
| action, the names of the parties in full, the names of the | 10024 |
| counsel, and the nature of the proceedings. Under proper dates, | 10025 |
| the clerk shall note the filing of the complaint, issuing of | 10026 |
| summons or other process, returns, and any subsequent pleadings. | 10027 |
| The clerk also shall enter all reports, verdicts, orders, | 10028 |
| judgments, and proceedings of the court, clearly specifying the | 10029 |
| relief granted or orders made in each action. The court may order | 10030 |
| an extended record of any of the above to be made and entered, | 10031 |
| under the proper action heading, upon the docket at the request of | 10032 |
| any party to the case, the expense of which record may be taxed as | 10033 |
| costs in the case or may be required to be prepaid by the party | 10034 |
| demanding the record, upon order of the court. | 10035 |
| (F) The clerk of a municipal court shall receive, collect, | 10036 |
| and issue receipts for all costs, fees, fines, bail, and other | 10037 |
| moneys payable to the office or to any officer of the court. The | 10038 |
| clerk shall each month disburse to the proper persons or officers, | 10039 |
| and take receipts for, all costs, fees, fines, bail, and other | 10040 |
| moneys that the clerk collects. Subject to sections 3375.50 and | 10041 |
| 4511.193 of the Revised Code and to any other section of the | 10042 |
| Revised Code that requires a specific manner of disbursement of | 10043 |
| any moneys received by a municipal court and except for the | 10044 |
| Hamilton county, Lawrence county, and Ottawa county municipal | 10045 |
| courts, the clerk shall pay all fines received for violation of | 10046 |
| municipal ordinances into the treasury of the municipal | 10047 |
| corporation the ordinance of which was violated and shall pay all | 10048 |
| fines received for violation of township resolutions adopted | 10049 |
| pursuant to Chapter 504. of the Revised Code into the treasury of | 10050 |
| the township the resolution of which was violated. Subject to | 10051 |
| sections 1901.024 and 4511.193 of the Revised Code, in the | 10052 |
| Hamilton county, Lawrence county, and Ottawa county municipal | 10053 |
| courts, the clerk shall pay fifty per cent of the fines received | 10054 |
| for violation of municipal ordinances and fifty per cent of the | 10055 |
| fines received for violation of township resolutions adopted | 10056 |
| pursuant to Chapter 504. of the Revised Code into the treasury of | 10057 |
| the county. Subject to sections 3375.50, 3375.53, 4511.19, and | 10058 |
| 5503.04 of the Revised Code and to any other section of the | 10059 |
| Revised Code that requires a specific manner of disbursement of | 10060 |
| any moneys received by a municipal court, the clerk shall pay all | 10061 |
| fines collected for the violation of state laws into the county | 10062 |
| treasury. Except in a county-operated municipal court, the clerk | 10063 |
| shall pay all costs and fees the disbursement of which is not | 10064 |
| otherwise provided for in the Revised Code into the city treasury. | 10065 |
| The clerk of a county-operated municipal court shall pay the costs | 10066 |
| and fees the disbursement of which is not otherwise provided for | 10067 |
| in the Revised Code into the county treasury. Moneys deposited as | 10068 |
| security for costs shall be retained pending the litigation. The | 10069 |
| clerk shall keep a separate account of all receipts and | 10070 |
| disbursements in civil and criminal cases, which shall be a | 10071 |
| permanent public record of the office. On the expiration of the | 10072 |
| term of the clerk, the clerk shall deliver the records to the | 10073 |
| clerk's successor. The clerk shall have other powers and duties as | 10074 |
| are prescribed by rule or order of the court. | 10075 |
| (G) All moneys paid into a municipal court shall be noted on | 10076 |
| the record of the case in which they are paid and shall be | 10077 |
| deposited in a state or national bank, or a domestic savings and | 10078 |
| loan association, as defined in section 1151.01 of the Revised | 10079 |
| Code, that is selected by the clerk. Any interest received upon | 10080 |
| the deposits shall be paid into the city treasury, except that, in | 10081 |
| a county-operated municipal court, the interest shall be paid into | 10082 |
| the treasury of the county in which the court is located. | 10083 |
| On the first Monday in January of each year, the clerk shall | 10084 |
| make a list of the titles of all cases in the court that were | 10085 |
| finally determined more than one year past in which there remains | 10086 |
| unclaimed in the possession of the clerk any funds, or any part of | 10087 |
| a deposit for security of costs not consumed by the costs in the | 10088 |
| case. The clerk shall give notice of the moneys to the parties who | 10089 |
| are entitled to the moneys or to their attorneys of record. All | 10090 |
| the moneys remaining unclaimed on the first day of April of each | 10091 |
| year shall be paid by the clerk to the city treasurer, except | 10092 |
| that, in a county-operated municipal court, the moneys shall be | 10093 |
| paid to the treasurer of the county in which the court is located. | 10094 |
| The treasurer shall pay any part of the moneys at any time to the | 10095 |
| person who has the right to the moneys upon proper certification | 10096 |
| of the clerk. | 10097 |
| (H) Deputy clerks may be appointed by the clerk and shall | 10098 |
| receive the compensation, payable in either biweekly installments | 10099 |
| or semimonthly installments, as determined by the payroll | 10100 |
| administrator, out of the city treasury, that the clerk may | 10101 |
| prescribe, except that the compensation of any deputy clerk of a | 10102 |
| county-operated municipal court shall be paid out of the treasury | 10103 |
| of the county in which the court is located. Each deputy clerk | 10104 |
| shall take an oath of office before entering upon the duties of | 10105 |
| the deputy clerk's office and, when so qualified, may perform the | 10106 |
| duties appertaining to the office of the clerk. The clerk may | 10107 |
| require any of the deputy clerks to give bond of not less than | 10108 |
| three thousand dollars, conditioned for the faithful performance | 10109 |
| of the deputy clerk's duties. | 10110 |
| (I) For the purposes of this section, whenever the population | 10111 |
| of the territory of a municipal court falls below one hundred | 10112 |
| thousand but not below ninety thousand, and the population of the | 10113 |
| territory prior to the most recent regular federal census exceeded | 10114 |
| one hundred thousand, the legislative authority of the municipal | 10115 |
| corporation may declare, by resolution, that the territory shall | 10116 |
| be considered to have a population of at least one hundred | 10117 |
| thousand. | 10118 |
| (J) The clerk or a deputy clerk shall be in attendance at all | 10119 |
| sessions of the municipal court, although not necessarily in the | 10120 |
| courtroom, and may administer oaths to witnesses and jurors and | 10121 |
| receive verdicts. | 10122 |
| Sec. 1901.311. A municipal court may establish one or more | 10123 |
| branch offices and may appoint a special deputy clerk to | 10124 |
| administer each branch office. Each special deputy clerk shall | 10125 |
| take an oath of office before entering upon the duties of his | 10126 |
| office, and, when so qualified, may perform any one or more of the | 10127 |
| duties appertaining to the office of clerk, as the court | 10128 |
| prescribes. Special deputy clerks appointed by the court pursuant | 10129 |
| to this section shall receive such compensation payable in either | 10130 |
| biweekly installments or semimonthly installments, as determined | 10131 |
| by the payroll administrator, out of the city treasury as the | 10132 |
| court may prescribe, except that the compensation of any special | 10133 |
| deputy clerk of a county-operated municipal court shall be payable | 10134 |
| out of the treasury of the county in which the court is located. | 10135 |
| The court may require any of the special deputy clerks to give | 10136 |
| bond of not less than three thousand dollars, conditioned for the | 10137 |
| faithful performance of his duties. | 10138 |
| Sec. 1901.32. (A) The bailiffs and deputy bailiffs of a | 10139 |
| municipal court shall be provided for, and their duties are, as | 10140 |
| follows: | 10141 |
| (1) Except for the Hamilton county municipal court, the court | 10142 |
| shall appoint a bailiff who shall receive the annual compensation | 10143 |
| that the court prescribes payable in either biweekly installments | 10144 |
| or semimonthly installments, as determined by the payroll | 10145 |
| administrator, from the same sources and in the same manner as | 10146 |
| provided in section 1901.11 of the Revised Code. The court may | 10147 |
| provide that the chief of police of the municipal corporation or a | 10148 |
| member of the police force be appointed by the court to be the | 10149 |
|
bailiff of the court. Before entering upon | 10150 |
| office, the bailiff shall take an oath to faithfully perform the | 10151 |
| duties of the office and shall give a bond of not less than three | 10152 |
| thousand dollars, as the legislative authority prescribes, | 10153 |
| conditioned for
the faithful performance | 10154 |
| chief bailiff. | 10155 |
| (2) Except for the Hamilton county municipal court, deputy | 10156 |
| bailiffs may be appointed by the court. Deputy bailiffs shall | 10157 |
| receive the compensation payable in semimonthly installments out | 10158 |
| of the city treasury that the court prescribes, except that the | 10159 |
| compensation of deputy bailiffs in a county-operated municipal | 10160 |
| court shall be paid out of the treasury of the county in which the | 10161 |
| court is located. Each deputy bailiff shall give a bond in an | 10162 |
| amount not less than one thousand dollars, and, when so qualified, | 10163 |
| 10164 | |
| bailiff of the court. | 10165 |
| (3) The bailiff and all deputy bailiffs of the Hamilton | 10166 |
| county municipal court shall be appointed by the clerk and shall | 10167 |
| receive the compensation payable in semimonthly installments out | 10168 |
| of the treasury of Hamilton county that the clerk prescribes. Each | 10169 |
| judge of the Hamilton county municipal court may appoint a | 10170 |
| courtroom bailiff, each of whom shall receive the compensation | 10171 |
| payable in semimonthly installments out of the treasury of | 10172 |
| Hamilton county that the court prescribes. | 10173 |
| (4) The legislative authority may purchase motor vehicles for | 10174 |
| the use of the bailiffs and deputy bailiffs as the court | 10175 |
| determines they need to perform the duties of their office. All | 10176 |
| expenses, maintenance, and upkeep of the vehicles shall be paid by | 10177 |
| the legislative authority upon approval by the court. Any | 10178 |
| allowances, costs, and expenses for the operation of private motor | 10179 |
| vehicles by bailiffs and deputy bailiffs for official duties, | 10180 |
| including the cost of oil, gasoline, and maintenance, shall be | 10181 |
| prescribed by the court and, subject to the approval of the | 10182 |
| legislative authority, shall be paid from the city treasury, | 10183 |
| except that the allowances, costs, and expenses for the bailiffs | 10184 |
| and deputy bailiffs of a county-operated municipal court shall be | 10185 |
| paid from the treasury of the county in which the court is | 10186 |
| located. | 10187 |
| (5) Every police officer of any municipal corporation and | 10188 |
| police constable of a township within the territory of the court | 10189 |
| is ex officio a deputy bailiff of the court in and for the | 10190 |
|
municipal corporation or township | 10191 |
| commissioned as a police officer or police constable, and shall | 10192 |
| perform any
duties in respect to cases within | 10193 |
| constable's
jurisdiction that are
required | 10194 |
| the court, or by the clerk or a bailiff or deputy bailiff of the | 10195 |
| court, without additional compensation. | 10196 |
| (6) The bailiff and deputy bailiffs shall perform for the | 10197 |
| court services similar to those performed by the sheriff for the | 10198 |
| court of common pleas and shall perform any other duties that are | 10199 |
| requested by rule of court. | 10200 |
| The bailiff or deputy bailiff may administer oaths to | 10201 |
| witnesses and jurors and receive verdicts in the same manner and | 10202 |
| form and to the same extent as the clerk or deputy clerks of the | 10203 |
| court. The bailiff may approve all undertakings and bonds given in | 10204 |
| actions of replevin and all redelivery bonds in attachments. | 10205 |
| (B) In the Cleveland municipal court, the chief clerks and | 10206 |
| all deputy clerks are in the classified civil service of the city | 10207 |
| of Cleveland. The clerk, the chief deputy clerks, the probation | 10208 |
| officers, one private secretary, one personal stenographer to the | 10209 |
| clerk, and one personal bailiff to each judge are in the | 10210 |
| unclassified civil service of the city of Cleveland. Upon demand | 10211 |
| of the clerk, the civil service commission of the city of | 10212 |
| Cleveland shall certify a list of those eligible for the position | 10213 |
| of deputy clerk. From the list, the clerk shall designate chief | 10214 |
| clerks and the number of deputy clerks that the legislative | 10215 |
| authority determines are necessary. | 10216 |
| Except as otherwise provided in this division, the bailiff, | 10217 |
| chief deputy bailiffs, and all deputy bailiffs of the Cleveland | 10218 |
| municipal court appointed after January 1, 1968, and the chief | 10219 |
| housing specialist, housing specialists, and housing division | 10220 |
| referees of the housing division of the Cleveland municipal court | 10221 |
| appointed under section 1901.331 of the Revised Code are in the | 10222 |
| unclassified civil service of the city of Cleveland. All deputy | 10223 |
| bailiffs of the housing division of the Cleveland municipal court | 10224 |
| appointed pursuant to that section are in the classified civil | 10225 |
| service of the city of Cleveland. Upon the demand of the judge of | 10226 |
| the housing division of the Cleveland municipal court, the civil | 10227 |
| service commission of the city of Cleveland shall certify a list | 10228 |
| of those eligible for the position of deputy bailiff of the | 10229 |
| housing division. From the list, the judge of the housing division | 10230 |
| shall designate the number of deputy bailiffs that | 10231 |
| determines are necessary. | 10232 |
| The chief deputy clerks, the chief clerks, and all other | 10233 |
| deputy clerks of the Cleveland municipal court shall receive the | 10234 |
| compensation that the clerk prescribes. Except as provided in | 10235 |
| division (A)(4)(a) of section 1901.331 of the Revised Code with | 10236 |
| respect to officers and employees of the housing division of the | 10237 |
| Cleveland municipal court, the bailiff, all deputy bailiffs, and | 10238 |
| assignment room personnel of the Cleveland municipal court shall | 10239 |
| receive the compensation that the court prescribes. | 10240 |
| Any appointee under sections 1901.01 to 1901.37 of the | 10241 |
| Revised Code may be dismissed or discharged by the same power that | 10242 |
| appointed | 10243 |
| civil service appointee under those sections, an appeal may be | 10244 |
| taken from the decision of the civil service commission to the | 10245 |
| court of common pleas of Cuyahoga county to determine the | 10246 |
| sufficiency of the cause of removal. The appeal shall be taken | 10247 |
| within ten days of the finding of the commission. | 10248 |
| In the Cleveland municipal court, the presiding judge may | 10249 |
| appoint on a full-time, per diem, or contractual basis any | 10250 |
| official court reporters for the civil branch of the court that | 10251 |
| the business of the court requires. The compensation of official | 10252 |
| court reporters shall be determined by the presiding judge of the | 10253 |
| court. The compensation shall be payable from the city treasury | 10254 |
| and from the treasury of Cuyahoga county in the same proportion as | 10255 |
| designated in section 1901.11 of the Revised Code for the payment | 10256 |
| of compensation of municipal judges. In every trial in which the | 10257 |
| services of a court reporter so appointed are requested by the | 10258 |
| judge, any party, or the attorney for any party, there shall be | 10259 |
| taxed for each day's services of the court reporter a fee in the | 10260 |
| same amount as may be taxed for similar services in the court of | 10261 |
| common pleas under section 2301.21 of the Revised Code, to be | 10262 |
| collected as other costs in the case. The fees so collected shall | 10263 |
| be paid quarterly by the clerk into the city treasury and the | 10264 |
| treasury of Cuyahoga county in the same proportion as the | 10265 |
| compensation for the court reporters is paid from the city and | 10266 |
| county treasuries and shall be credited to the general funds of | 10267 |
| the city and county treasuries. | 10268 |
| (C) In the Hamilton county municipal court, all employees, | 10269 |
| including the bailiff, deputy bailiff, and courtroom bailiffs, are | 10270 |
| in the unclassified civil service. | 10271 |
| Sec. 1901.33. (A) The judge or judges of a municipal court | 10272 |
| may appoint one or more interpreters, one or more mental health | 10273 |
| professionals, one or more probation officers, an assignment | 10274 |
| commissioner, deputy assignment commissioners, and other court | 10275 |
| aides on a full-time, part-time, hourly, or other basis. Each | 10276 |
| appointee shall receive the compensation out of the city treasury | 10277 |
| that the legislative authority prescribes in either biweekly | 10278 |
| installments or semimonthly installments, as determined by the | 10279 |
| payroll administrator, except that in a county-operated municipal | 10280 |
| court they shall receive the compensation out of the treasury of | 10281 |
| the county in which the court is located that the board of county | 10282 |
| commissioners prescribes. Probation officers have all the powers | 10283 |
| of regular police officers and shall perform any duties that are | 10284 |
| designated by the judge or judges of the court. Assignment | 10285 |
| commissioners shall assign cases for trial and perform any other | 10286 |
| duties that the court directs. | 10287 |
| The judge or judges may appoint one or more typists, | 10288 |
| stenographers, statistical clerks, and official court reporters, | 10289 |
| each of whom shall be paid the compensation out of the city | 10290 |
| treasury that the legislative authority prescribes, except that in | 10291 |
| a county-operated municipal court they shall be paid the | 10292 |
| compensation out of the treasury of the county in which the court | 10293 |
| is located that the board of county commissioners prescribes. | 10294 |
| (B) If a municipal court appoints one or more probation | 10295 |
| officers, those officers shall constitute the municipal court | 10296 |
| department of probation unless the court designates other | 10297 |
| employees as the department of probation for the court. | 10298 |
| (C) The chief probation officer may grant permission to a | 10299 |
| probation officer to carry firearms when required in the discharge | 10300 |
| of the probation officer's official duties if the probation | 10301 |
| officer has successfully completed a basic firearm training | 10302 |
| program that is approved by the executive director of the Ohio | 10303 |
| peace officer training commission. A probation officer who has | 10304 |
| been granted permission to carry a firearm in the discharge of the | 10305 |
| probation officer's official duties annually shall successfully | 10306 |
| complete a firearms requalification program in accordance with | 10307 |
| section 109.801 of the Revised Code. | 10308 |
| (D) The judge or judges of a municipal court in which the | 10309 |
| clerk of the court is elected as provided in division (A)(1)(a) or | 10310 |
| (d) or (A)(2)(b) of section 1901.31 of the Revised Code may | 10311 |
| appoint an administrative assistant. The administrative assistant | 10312 |
| shall have charge of personnel related matters of the court and | 10313 |
| shall perform any other administrative duties assigned by the | 10314 |
| court. The administrative assistant shall receive the compensation | 10315 |
| out of the city treasury that the court prescribes, except that, | 10316 |
| in a county-operated municipal court, the administrative assistant | 10317 |
| shall receive the compensation out of the treasury of the county | 10318 |
| in which the court is located that the court prescribes. | 10319 |
| Sec. 2151.357. (A)(1) In the manner prescribed by division | 10320 |
| (C)(1) or (2) of section 3313.64 of the Revised Code, as | 10321 |
| applicable, the court, at the time of making any order that | 10322 |
| removes a child from the child's own home or that vests legal or | 10323 |
| permanent custody of the child in a person other than the child's | 10324 |
| parent or a government agency, shall determine the school district | 10325 |
| that is to bear the cost of educating the child. The court shall | 10326 |
| make the determination a part of the order that provides for the | 10327 |
| child's placement or commitment. That school district shall bear | 10328 |
| the cost of educating the child unless and until the court | 10329 |
| modifies its order pursuant to division (A)(2) of this section. | 10330 |
| (2) If, while the child is in the custody of a person other | 10331 |
| than the child's parent or a government agency, the department of | 10332 |
| education notifies the court that the place of residence of the | 10333 |
| child's parent has changed since the court issued its initial | 10334 |
| order, the court may modify its order to name a different school | 10335 |
| district to bear the cost of educating the child. The department | 10336 |
| may submit the notice to the court upon receipt, from the school | 10337 |
| district initially ordered to bear the cost of educating the | 10338 |
| child, of evidence acceptable to the department that the residence | 10339 |
| of the child's parent has changed since the court issued its | 10340 |
| initial order. In the notice to the court, the department shall | 10341 |
| recommend to the court whether a different district should be | 10342 |
| ordered to bear the cost of educating the child and, if so, which | 10343 |
| district should be so ordered. The department shall recommend to | 10344 |
| the court the district in which the child's parent currently | 10345 |
| resides or, if the parent's residence is not known, the district | 10346 |
| in which the parent's last known residence is located. If the | 10347 |
| department cannot determine any Ohio district in which the parent | 10348 |
| currently resides or has resided, the school district designated | 10349 |
| in the initial court order shall continue to bear the cost of | 10350 |
| educating the child. | 10351 |
| The court may consider the content of a notice by the | 10352 |
| department of education under division (A)(2) of this section as | 10353 |
| conclusive evidence as to which school district should bear the | 10354 |
| cost of educating the child and may amend its order accordingly. | 10355 |
| (B) Whenever a child is placed in a detention facility | 10356 |
| established under section 2152.41 of the Revised Code or a | 10357 |
| juvenile facility established under section 2151.65 of the Revised | 10358 |
| Code, the child's school district as determined by the court shall | 10359 |
| pay the cost of educating the child based on the per capita cost | 10360 |
| of the educational facility within the detention home or juvenile | 10361 |
| facility. | 10362 |
| (C) Whenever a child is placed by the court in a private | 10363 |
| institution, school, or residential treatment center or any other | 10364 |
| private facility, the state shall pay to the court a subsidy to | 10365 |
| help defray the expense of educating the child in an amount equal | 10366 |
| to the product of the daily per capita educational cost of the | 10367 |
| private facility, as determined pursuant to this section, and the | 10368 |
| number of days the child resides at the private facility, provided | 10369 |
| that the subsidy shall not exceed twenty-five hundred dollars per | 10370 |
| year per child. The daily per capita educational cost of a private | 10371 |
| facility shall be determined by dividing the actual program cost | 10372 |
| of the private facility or twenty-five hundred dollars, whichever | 10373 |
| is less, by three hundred sixty-five days or by three hundred | 10374 |
| sixty-six days for years that include February twenty-ninth. The | 10375 |
| state shall pay seventy-five per cent of the total subsidy for | 10376 |
| each year quarterly to the court. The state may adjust the | 10377 |
| remaining twenty-five per cent of the total subsidy to be paid to | 10378 |
| the court for each year to an amount that is less than twenty-five | 10379 |
| per cent of the total subsidy for that year based upon the | 10380 |
| availability of funds appropriated to the department of education | 10381 |
| for the purpose of subsidizing courts that place a child in a | 10382 |
| private institution, school, or residential treatment center or | 10383 |
| any other private facility and shall pay that adjusted amount to | 10384 |
| the court at the end of the year. | 10385 |
| Sec. 2152.44. (A) As soon as practical after the | 10386 |
| organization of the joint board of county commissioners as | 10387 |
| provided by section 2152.41 of the Revised Code, the joint board | 10388 |
| shall appoint a board of not less than five trustees. The board | 10389 |
| shall hold office until the first annual meeting after the choice | 10390 |
| of an established site and buildings, or after the selection and | 10391 |
| purchase of a building site. At that time, the joint board of | 10392 |
| county commissioners shall appoint a board of not less than five | 10393 |
| trustees, one of whom shall hold office for a term of one year, | 10394 |
| one for a term of two years, one for a term of three years, half | 10395 |
| of the remaining number for a term of four years, and the | 10396 |
| remainder for a term of five years. Annually thereafter, the joint | 10397 |
| board of county commissioners shall appoint one or more trustees, | 10398 |
| each of whom shall hold office for a term of five years, to | 10399 |
| succeed the trustee or trustees whose term of office expires. A | 10400 |
| trustee may be appointed to successive terms. Any person appointed | 10401 |
| as a trustee shall be recommended and approved by the juvenile | 10402 |
| court judge or judges of the county of which the person resides. | 10403 |
| At least one trustee shall reside in each county in the | 10404 |
| district. In districts composed of two counties, each county | 10405 |
| shall be entitled to not less than two trustees. In districts | 10406 |
| composed of more than four counties, the number of trustees shall | 10407 |
| be sufficiently increased, provided that there shall always be an | 10408 |
| uneven number of trustees on the board. The county in which a | 10409 |
| district detention facility is located shall have not less than | 10410 |
| two trustees, who, in the interim period between the regular | 10411 |
| meetings of the trustees, shall act as an executive committee in | 10412 |
| the discharge of all business pertaining to the facility. | 10413 |
| The joint board of county commissioners may remove any | 10414 |
| trustee for good cause. The trustee appointed to fill any vacancy | 10415 |
| shall hold the office for the unexpired term of the predecessor | 10416 |
| trustee. | 10417 |
| (B) The annual meeting of the board of trustees shall be held | 10418 |
| on the first Tuesday in May in each year. | 10419 |
| A majority of the board constitutes a quorum. Other board | 10420 |
| meetings shall be held at least quarterly. The juvenile court | 10421 |
| judge of each county of the district, or the judge's designee, | 10422 |
| shall attend the meetings. The members of the board shall receive | 10423 |
| no compensation for their services, except their actual and | 10424 |
| necessary expenses. The treasurer shall pay the member's traveling | 10425 |
| expenses when properly certified. | 10426 |
| (C) When the board of trustees does not choose an established | 10427 |
| institution in one of the counties of the district, it may select | 10428 |
| a suitable site for the erection of a district detention facility. | 10429 |
| The site must be easily accessible, conducive to health, economy | 10430 |
| in purchasing or in building, and the general interest of the | 10431 |
| facility and its residents, and be as near as practicable to the | 10432 |
| geographical center of the district. | 10433 |
| In the interim between the selection and purchase of a site, | 10434 |
| and the erection and occupancy of the district detention facility, | 10435 |
| the joint board of county commissioners provided under section | 10436 |
| 10437 | |
| trustees any powers and duties that, in its judgment, will be of | 10438 |
| general interest or aid to the institution. The joint board of | 10439 |
| county commissioners may appropriate a trustees' fund, to be | 10440 |
| expended by the trustees for contracts, purchases, or other | 10441 |
| necessary expenses of the facility. The trustees shall make a | 10442 |
| complete settlement with the joint board of county commissioners | 10443 |
| once each six months, or quarterly if required, and shall make to | 10444 |
| the board of county commissioners and to the juvenile court of | 10445 |
| each of the counties a full report of the condition of the | 10446 |
| facility and residents. | 10447 |
| (D) The choice of an established site and buildings, or the | 10448 |
| purchase of a site, stock, implements, and general farm equipment, | 10449 |
| should there be a farm, the erection of buildings, and the | 10450 |
| completion and furnishing of the district detention facility for | 10451 |
| occupancy, shall be in the hands of the joint board of county | 10452 |
| commissioners organized under section 2152.41 of the Revised Code. | 10453 |
| The joint board of county commissioners may delegate all or a | 10454 |
| portion of these duties to the board of trustees, under any | 10455 |
| restrictions that the joint board of county commissioners imposes. | 10456 |
| When an established site and buildings are used for a | 10457 |
| district detention facility, the joint board of county | 10458 |
| commissioners shall cause the value of that site and those | 10459 |
| buildings to be properly appraised. This appraisal value, or in | 10460 |
| case of the purchase of a site, the purchase price and the cost of | 10461 |
| all improvements thereto, shall be paid by the counties comprising | 10462 |
| the district, in proportion to the taxable property of each | 10463 |
| county, as shown by its tax duplicate. | 10464 |
| (E) Once a district is established, the trustees shall | 10465 |
| operate, maintain, and manage the facility as provided in sections | 10466 |
| 2152.41 to 2152.43 of the Revised Code and, on and after the | 10467 |
| effective date of this amendment and notwithstanding any provision | 10468 |
| of the Revised Code to the contrary, may adopt bylaws regarding | 10469 |
| the daily operation, maintenance, and management of the facility. | 10470 |
| No bylaw adopted pursuant to this division may supersede any | 10471 |
| provision of the Revised Code. | 10472 |
| Sec. 2305.2341. (A) The medical liability insurance | 10473 |
| reimbursement program is hereby established. Free clinics, | 10474 |
| including the clinics' staff and volunteer health care | 10475 |
| professionals and volunteer health care workers, may participate | 10476 |
| in the medical liability insurance reimbursement program | 10477 |
| established by this section. The coverage provided under the | 10478 |
| program shall be limited to claims that arise out of the | 10479 |
| diagnosis, treatment, and care of patients of free clinics, as | 10480 |
| defined in division (D)(1) of this section. | 10481 |
| (B) A free clinic is eligible to receive reimbursement under | 10482 |
| the medical liability insurance reimbursement program for the | 10483 |
| premiums that the clinic pays for medical liability insurance | 10484 |
| coverage for the clinic, its staff, and volunteer health care | 10485 |
| professionals and health care workers. Free clinics shall register | 10486 |
| with the department of health by the thirty-first day of January | 10487 |
| of each year in order to participate in and to obtain | 10488 |
| reimbursement under the program. Free clinics shall provide all of | 10489 |
| the following to the department of health at the time of | 10490 |
| registration: | 10491 |
| (1) A statement of the number of volunteer and paid health | 10492 |
| care professionals and health care workers providing health care | 10493 |
| services at the free clinic at that time; | 10494 |
| (2) A statement of the number of health care services | 10495 |
| rendered by the free clinic during the previous fiscal year; | 10496 |
| (3) A signed form acknowledging that the free clinic agrees | 10497 |
| to follow its medical liability insurer's risk management and loss | 10498 |
| prevention policies; | 10499 |
| (4) A copy of the medical liability insurance policy | 10500 |
| purchased by the free clinic, or the policy's declaration page, | 10501 |
| and documentation of the premiums paid by the clinic. | 10502 |
| (C) The department of health shall reimburse free clinics | 10503 |
| participating in the professional liability insurance | 10504 |
| reimbursement program for up to eighty per cent of the premiums | 10505 |
| that the free clinic pays for medical liability insurance coverage | 10506 |
| up to twenty thousand dollars. Appropriations to the department of | 10507 |
| health may be made from the general fund of the state for this | 10508 |
| purpose. | 10509 |
| (D) As used in this section: | 10510 |
| (1) "Free clinic" means a nonprofit organization exempt from | 10511 |
| federal income taxation under section 501(c)(3) of the "Internal | 10512 |
| Revenue Code of 1986," as amended, or a program component of a | 10513 |
| nonprofit organization, whose primary mission is to provide health | 10514 |
| care services for free or for a minimal administrative fee to | 10515 |
| individuals with limited resources. A free clinic facilitates the | 10516 |
| delivery of health care services through the use of volunteer | 10517 |
| health care professionals and voluntary care networks. For this | 10518 |
| purpose, a free clinic shall comply with all of the following: | 10519 |
| (a) If a free clinic does request a minimal administrative | 10520 |
| fee, a free clinic shall not deny an individual access to its | 10521 |
| health care services based on an individual's ability to pay the | 10522 |
| fee. | 10523 |
| (b) A free clinic shall not bill a patient for health care | 10524 |
| services rendered. | 10525 |
| (c) Free clinics shall not perform operations, as defined by | 10526 |
| divisions (A)(9) and (F)(1)(b) of section 2305.234 of the Revised | 10527 |
| Code. | 10528 |
| A clinic is not a free clinic if the clinic bills medicaid, | 10529 |
| medicare, or other third-party payers for health care services | 10530 |
| rendered at the clinic, and receives twenty-five per cent or more | 10531 |
| of the clinic's annual revenue from the third-party payments. | 10532 |
| (2) "Health care professional" and "health care worker" have | 10533 |
| the same meanings as in section 2305.234 of the Revised Code. | 10534 |
| Sec. 2503.20. When requested by the supreme court, the | 10535 |
| reporter of the supreme court shall attend its sessions and | 10536 |
| consultations and shall report and prepare its decisions for | 10537 |
| publication under its direction. The reporter shall prepare for | 10538 |
| publication and edit, tabulate, and index those opinions and | 10539 |
|
decisions of any court of appeals furnished | 10540 |
| publication by any such court, and such opinions and decisions of | 10541 |
| any of the
inferior courts, as may be designated by | 10542 |
| reporter and approved by the chief justice of the supreme court. | 10543 |
| No cases in any court of appeals shall be reported for publication | 10544 |
| except those selected by that court of appeals, or by a majority | 10545 |
| of the judges thereof. | 10546 |
| The supreme court may appoint assistants necessary to carry | 10547 |
| on the work of the reporter's office. The court shall fix the | 10548 |
| compensation of each assistant, which compensation shall be paid | 10549 |
|
out of the state treasury upon the warrant of the | 10550 |
| director of budget and management. | 10551 |
| Whenever a case is reported for publication, the syllabus of | 10552 |
| such case shall be prepared by the judge delivering the opinion, | 10553 |
| and approved by a majority of the members of the court. Such | 10554 |
| report may be per curiam, or if an opinion is reported, such | 10555 |
| opinion shall be written in as concise form as may be consistent | 10556 |
| with a clear presentation of the law of the case. Opinions for | 10557 |
| permanent publication in book form shall be furnished to the | 10558 |
| reporter and to no other person. All such cases shall be reported | 10559 |
| in accordance with this section before they are recognized by and | 10560 |
| receive the official sanction of any court. | 10561 |
| Sec. 2913.01. As used in this chapter, unless the context | 10562 |
| requires that a term be given a different meaning: | 10563 |
| (A) "Deception" means knowingly deceiving another or causing | 10564 |
| another to be deceived by any false or misleading representation, | 10565 |
| by withholding information, by preventing another from acquiring | 10566 |
| information, or by any other conduct, act, or omission that | 10567 |
| creates, confirms, or perpetuates a false impression in another, | 10568 |
| including a false impression as to law, value, state of mind, or | 10569 |
| other objective or subjective fact. | 10570 |
| (B) "Defraud" means to knowingly obtain, by deception, some | 10571 |
| benefit for oneself or another, or to knowingly cause, by | 10572 |
| deception, some detriment to another. | 10573 |
| (C) "Deprive" means to do any of the following: | 10574 |
| (1) Withhold property of another permanently, or for a period | 10575 |
| that appropriates a substantial portion of its value or use, or | 10576 |
| with purpose to restore it only upon payment of a reward or other | 10577 |
| consideration; | 10578 |
| (2) Dispose of property so as to make it unlikely that the | 10579 |
| owner will recover it; | 10580 |
| (3) Accept, use, or appropriate money, property, or services, | 10581 |
| with purpose not to give proper consideration in return for the | 10582 |
| money, property, or services, and without reasonable justification | 10583 |
| or excuse for not giving proper consideration. | 10584 |
| (D) "Owner" means, unless the context requires a different | 10585 |
| meaning, any person, other than the actor, who is the owner of, | 10586 |
| who has possession or control of, or who has any license or | 10587 |
| interest in property or services, even though the ownership, | 10588 |
| possession, control, license, or interest is unlawful. | 10589 |
| (E) "Services" include labor, personal services, professional | 10590 |
| services, public utility services including wireless service as | 10591 |
| defined in division (F)(1) of section 4931.40 of the Revised Code, | 10592 |
| common carrier services, and food, drink, transportation, | 10593 |
| entertainment, and cable television services and, for purposes of | 10594 |
| section 2913.04 of the Revised Code, include cable services as | 10595 |
| defined in that section. | 10596 |
| (F) "Writing" means any computer software, document, letter, | 10597 |
| memorandum, note, paper, plate, data, film, or other thing having | 10598 |
| in or upon it any written, typewritten, or printed matter, and any | 10599 |
| token, stamp, seal, credit card, badge, trademark, label, or other | 10600 |
| symbol of value, right, privilege, license, or identification. | 10601 |
| (G) "Forge" means to fabricate or create, in whole or in part | 10602 |
| and by any means, any spurious writing, or to make, execute, | 10603 |
| alter, complete, reproduce, or otherwise purport to authenticate | 10604 |
| any writing, when the writing in fact is not authenticated by that | 10605 |
| conduct. | 10606 |
| (H) "Utter" means to issue, publish, transfer, use, put or | 10607 |
| send into circulation, deliver, or display. | 10608 |
| (I) "Coin machine" means any mechanical or electronic device | 10609 |
| designed to do both of the following: | 10610 |
| (1) Receive a coin, bill, or token made for that purpose; | 10611 |
| (2) In return for the insertion or deposit of a coin, bill, | 10612 |
| or token, automatically dispense property, provide a service, or | 10613 |
| grant a license. | 10614 |
| (J) "Slug" means an object that, by virtue of its size, | 10615 |
| shape, composition, or other quality, is capable of being inserted | 10616 |
| or deposited in a coin machine as an improper substitute for a | 10617 |
| genuine coin, bill, or token made for that purpose. | 10618 |
| (K) "Theft offense" means any of the following: | 10619 |
| (1) A violation of section 2911.01, 2911.02, 2911.11, | 10620 |
| 2911.12, 2911.13, 2911.31, 2911.32, 2913.02, 2913.03, 2913.04, | 10621 |
| 2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, | 10622 |
| 2913.33, 2913.34, 2913.40, 2913.42, 2913.43, 2913.44, 2913.45, | 10623 |
| 2913.47, former section 2913.47 or 2913.48, or section 2913.51, | 10624 |
| 2915.05, or 2921.41 of the Revised Code; | 10625 |
| (2) A violation of an existing or former municipal ordinance | 10626 |
| or law of this or any other state, or of the United States, | 10627 |
| substantially equivalent to any section listed in division (K)(1) | 10628 |
| of this section or a violation of section 2913.41, 2913.81, or | 10629 |
| 2915.06 of the Revised Code as it existed prior to July 1, 1996; | 10630 |
| (3) An offense under an existing or former municipal | 10631 |
| ordinance or law of this or any other state, or of the United | 10632 |
| States, involving robbery, burglary, breaking and entering, theft, | 10633 |
| embezzlement, wrongful conversion, forgery, counterfeiting, | 10634 |
| deceit, or fraud; | 10635 |
| (4) A conspiracy or attempt to commit, or complicity in | 10636 |
| committing, any offense under division (K)(1), (2), or (3) of this | 10637 |
| section. | 10638 |
| (L) "Computer services" includes, but is not limited to, the | 10639 |
| use of a computer system, computer network, computer program, data | 10640 |
| that is prepared for computer use, or data that is contained | 10641 |
| within a computer system or computer network. | 10642 |
| (M) "Computer" means an electronic device that performs | 10643 |
| logical, arithmetic, and memory functions by the manipulation of | 10644 |
| electronic or magnetic impulses. "Computer" includes, but is not | 10645 |
| limited to, all input, output, processing, storage, computer | 10646 |
| program, or communication facilities that are connected, or | 10647 |
| related, in a computer system or network to an electronic device | 10648 |
| of that nature. | 10649 |
| (N) "Computer system" means a computer and related devices, | 10650 |
| whether connected or unconnected, including, but not limited to, | 10651 |
| data input, output, and storage devices, data communications | 10652 |
| links, and computer programs and data that make the system capable | 10653 |
| of performing specified special purpose data processing tasks. | 10654 |
| (O) "Computer network" means a set of related and remotely | 10655 |
| connected computers and communication facilities that includes | 10656 |
| more than one computer system that has the capability to transmit | 10657 |
| among the connected computers and communication facilities through | 10658 |
| the use of computer facilities. | 10659 |
| (P) "Computer program" means an ordered set of data | 10660 |
| representing coded instructions or statements that, when executed | 10661 |
| by a computer, cause the computer to process data. | 10662 |
| (Q) "Computer software" means computer programs, procedures, | 10663 |
| and other documentation associated with the operation of a | 10664 |
| computer system. | 10665 |
| (R) "Data" means a representation of information, knowledge, | 10666 |
| facts, concepts, or instructions that are being or have been | 10667 |
| prepared in a formalized manner and that are intended for use in a | 10668 |
| computer, computer system, or computer network. For purposes of | 10669 |
| section 2913.47 of the Revised Code, "data" has the additional | 10670 |
| meaning set forth in division (A) of that section. | 10671 |
| (S) "Cable television service" means any services provided by | 10672 |
| or through the facilities of any cable television system or other | 10673 |
| similar closed circuit coaxial cable communications system, or any | 10674 |
| microwave or similar transmission service used in connection with | 10675 |
| any cable television system or other similar closed circuit | 10676 |
| coaxial cable communications system. | 10677 |
| (T) "Gain access" means to approach, instruct, communicate | 10678 |
| with, store data in, retrieve data from, or otherwise make use of | 10679 |
| any resources of a computer, computer system, or computer network, | 10680 |
| or any cable service or cable system both as defined in section | 10681 |
| 2913.04 of the Revised Code. | 10682 |
| (U) "Credit card" includes, but is not limited to, a card, | 10683 |
| code, device, or other means of access to a customer's account for | 10684 |
| the purpose of obtaining money, property, labor, or services on | 10685 |
| credit, or for initiating an electronic fund transfer at a | 10686 |
| point-of-sale terminal, an automated teller machine, or a cash | 10687 |
| dispensing machine. It also includes a county procurement card | 10688 |
| issued under section 301.29 of the Revised Code. | 10689 |
| (V) "Electronic fund transfer" has the same meaning as in 92 | 10690 |
| Stat. 3728, 15 U.S.C.A. 1693a, as amended. | 10691 |
| (W) "Rented property" means personal property in which the | 10692 |
| right of possession and use of the property is for a short and | 10693 |
| possibly indeterminate term in return for consideration; the | 10694 |
| rentee generally controls the duration of possession of the | 10695 |
| property, within any applicable minimum or maximum term; and the | 10696 |
| amount of consideration generally is determined by the duration of | 10697 |
| possession of the property. | 10698 |
| (X) "Telecommunication" means the origination, emission, | 10699 |
| dissemination, transmission, or reception of data, images, | 10700 |
| signals, sounds, or other intelligence or equivalence of | 10701 |
| intelligence of any nature over any communications system by any | 10702 |
| method, including, but not limited to, a fiber optic, electronic, | 10703 |
| magnetic, optical, digital, or analog method. | 10704 |
| (Y) "Telecommunications device" means any instrument, | 10705 |
| equipment, machine, or other device that facilitates | 10706 |
| telecommunication, including, but not limited to, a computer, | 10707 |
| computer network, computer chip, computer circuit, scanner, | 10708 |
| telephone, cellular telephone, pager, personal communications | 10709 |
| device, transponder, receiver, radio, modem, or device that | 10710 |
| enables the use of a modem. | 10711 |
| (Z) "Telecommunications service" means the providing, | 10712 |
| allowing, facilitating, or generating of any form of | 10713 |
| telecommunication through the use of a telecommunications device | 10714 |
| over a telecommunications system. | 10715 |
| (AA) "Counterfeit telecommunications device" means a | 10716 |
| telecommunications device that, alone or with another | 10717 |
| telecommunications device, has been altered, constructed, | 10718 |
| manufactured, or programmed to acquire, intercept, receive, or | 10719 |
| otherwise facilitate the use of a telecommunications service or | 10720 |
| information service without the authority or consent of the | 10721 |
| provider of the telecommunications service or information service. | 10722 |
| "Counterfeit telecommunications device" includes, but is not | 10723 |
| limited to, a clone telephone, clone microchip, tumbler telephone, | 10724 |
| or tumbler microchip; a wireless scanning device capable of | 10725 |
| acquiring, intercepting, receiving, or otherwise facilitating the | 10726 |
| use of telecommunications service or information service without | 10727 |
| immediate detection; or a device, equipment, hardware, or software | 10728 |
| designed for, or capable of, altering or changing the electronic | 10729 |
| serial number in a wireless telephone. | 10730 |
| (BB)(1) "Information service" means, subject to division | 10731 |
| (BB)(2) of this section, the offering of a capability for | 10732 |
| generating, acquiring, storing, transforming, processing, | 10733 |
| retrieving, utilizing, or making available information via | 10734 |
| telecommunications, including, but not limited to, electronic | 10735 |
| publishing. | 10736 |
| (2) "Information service" does not include any use of a | 10737 |
| capability of a type described in division (BB)(1) of this section | 10738 |
| for the management, control, or operation of a telecommunications | 10739 |
| system or the management of a telecommunications service. | 10740 |
| (CC) "Elderly person" means a person who is sixty-five years | 10741 |
| of age or older. | 10742 |
| (DD) "Disabled adult" means a person who is eighteen years of | 10743 |
| age or older and has some impairment of body or mind that makes | 10744 |
| the person unable to work at any substantially remunerative | 10745 |
| employment that the person otherwise would be able to perform and | 10746 |
| that will, with reasonable probability, continue for a period of | 10747 |
| at least twelve months without any present indication of recovery | 10748 |
| from the impairment, or who is eighteen years of age or older and | 10749 |
| has been certified as permanently and totally disabled by an | 10750 |
| agency of this state or the United States that has the function of | 10751 |
| so classifying persons. | 10752 |
| (EE) "Firearm" and "dangerous ordnance" have the same | 10753 |
| meanings as in section 2923.11 of the Revised Code. | 10754 |
| (FF) "Motor vehicle" has the same meaning as in section | 10755 |
| 4501.01 of the Revised Code. | 10756 |
| (GG) "Dangerous drug" has the same meaning as in section | 10757 |
| 4729.01 of the Revised Code. | 10758 |
| (HH) "Drug abuse offense" has the same meaning as in section | 10759 |
| 2925.01 of the Revised Code. | 10760 |
| (II)(1) "Computer hacking" means any of the following: | 10761 |
| (a) Gaining access or attempting to gain access to all or | 10762 |
| part of a computer, computer system, or a computer network without | 10763 |
| express or implied authorization with the intent to defraud or | 10764 |
| with intent to commit a crime; | 10765 |
| (b) Misusing computer or network services including, but not | 10766 |
| limited to, mail transfer programs, file transfer programs, proxy | 10767 |
| servers, and web servers by performing functions not authorized by | 10768 |
| the owner of the computer, computer system, or computer network or | 10769 |
| other person authorized to give consent. As used in this division, | 10770 |
| "misuse of computer and network services" includes, but is not | 10771 |
| limited to, the unauthorized use of any of the following: | 10772 |
| (i) Mail transfer programs to send mail to persons other than | 10773 |
| the authorized users of that computer or computer network; | 10774 |
| (ii) File transfer program proxy services or proxy servers to | 10775 |
| access other computers, computer systems, or computer networks; | 10776 |
| (iii) Web servers to redirect users to other web pages or web | 10777 |
| servers. | 10778 |
| (c)(i) Subject to division (II)(1)(c)(ii) of this section, | 10779 |
| using a group of computer programs commonly known as "port | 10780 |
| scanners" or "probes" to intentionally access any computer, | 10781 |
| computer system, or computer network without the permission of the | 10782 |
| owner of the computer, computer system, or computer network or | 10783 |
| other person authorized to give consent. The group of computer | 10784 |
| programs referred to in this division includes, but is not limited | 10785 |
| to, those computer programs that use a computer network to access | 10786 |
| a computer, computer system, or another computer network to | 10787 |
| determine any of the following: the presence or types of computers | 10788 |
| or computer systems on a network; the computer network's | 10789 |
| facilities and capabilities; the availability of computer or | 10790 |
| network services; the presence or versions of computer software | 10791 |
| including, but not limited to, operating systems, computer | 10792 |
| services, or computer contaminants; the presence of a known | 10793 |
| computer software deficiency that can be used to gain unauthorized | 10794 |
| access to a computer, computer system, or computer network; or any | 10795 |
| other information about a computer, computer system, or computer | 10796 |
| network not necessary for the normal and lawful operation of the | 10797 |
| computer initiating the access. | 10798 |
| (ii) The group of computer programs referred to in division | 10799 |
| (II)(1)(c)(i) of this section does not include standard computer | 10800 |
| software used for the normal operation, administration, | 10801 |
| management, and test of a computer, computer system, or computer | 10802 |
| network including, but not limited to, domain name services, mail | 10803 |
| transfer services, and other operating system services, computer | 10804 |
| programs commonly called "ping," "tcpdump," and "traceroute" and | 10805 |
| other network monitoring and management computer software, and | 10806 |
| computer programs commonly known as "nslookup" and "whois" and | 10807 |
| other systems administration computer software. | 10808 |
| (d) The intentional use of a computer, computer system, or a | 10809 |
| computer network in a manner that exceeds any right or permission | 10810 |
| granted by the owner of the computer, computer system, or computer | 10811 |
| network or other person authorized to give consent. | 10812 |
| (2) "Computer hacking" does not include the introduction of a | 10813 |
| computer contaminant, as defined in section 2909.02 of the Revised | 10814 |
| Code, into a computer, computer system, computer program, or | 10815 |
| computer network. | 10816 |
| (JJ) "Police dog or horse" | 10817 |
| same | 10818 |
| (KK) "Anhydrous ammonia" is a compound formed by the | 10819 |
| combination of two gaseous elements, nitrogen and hydrogen, in the | 10820 |
| manner described in this division. Anhydrous ammonia is one part | 10821 |
| nitrogen to three parts hydrogen (NH3). Anhydrous ammonia by | 10822 |
| weight is fourteen parts nitrogen to three parts hydrogen, which | 10823 |
| is approximately eighty-two per cent nitrogen to eighteen per cent | 10824 |
| hydrogen. | 10825 |
| (LL) "Assistance dog" has the same meaning as in section | 10826 |
| 955.011 of the Revised Code. | 10827 |
| Sec. 2913.02. (A) No person, with purpose to deprive the | 10828 |
| owner of property or services, shall knowingly obtain or exert | 10829 |
| control over either the property or services in any of the | 10830 |
| following ways: | 10831 |
| (1) Without the consent of the owner or person authorized to | 10832 |
| give consent; | 10833 |
| (2) Beyond the scope of the express or implied consent of the | 10834 |
| owner or person authorized to give consent; | 10835 |
| (3) By deception; | 10836 |
| (4) By threat; | 10837 |
| (5) By intimidation. | 10838 |
| (B)(1) Whoever violates this section is guilty of theft. | 10839 |
| (2) Except as otherwise provided in this division or division | 10840 |
| (B)(3), (4), (5), (6), (7), or (8) of this section, a violation of | 10841 |
| this section is petty theft, a misdemeanor of the first degree. If | 10842 |
| the value of the property or services stolen is five hundred | 10843 |
| dollars or more and is less than five thousand dollars or if the | 10844 |
| property stolen is any of the property listed in section 2913.71 | 10845 |
| of the Revised Code, a violation of this section is theft, a | 10846 |
| felony of the fifth degree. If the value of the property or | 10847 |
| services stolen is five thousand dollars or more and is less than | 10848 |
| one hundred thousand dollars, a violation of this section is grand | 10849 |
| theft, a felony of the fourth degree. If the value of the property | 10850 |
| or services stolen is one hundred thousand dollars or more and is | 10851 |
| less than five hundred thousand dollars, a violation of this | 10852 |
| section is aggravated theft, a felony of the third degree. If the | 10853 |
| value of the property or services is five hundred thousand dollars | 10854 |
| or more and is less than one million dollars, a violation of this | 10855 |
| section is aggravated theft, a felony of the second degree. If the | 10856 |
| value of the property or services stolen is one million dollars or | 10857 |
| more, a violation of this section is aggravated theft of one | 10858 |
| million dollars or more, a felony of the first degree. | 10859 |
| (3) Except as otherwise provided in division (B)(4), (5), | 10860 |
| (6), (7), or (8) of this section, if the victim of the offense is | 10861 |
| an elderly person or disabled adult, a violation of this section | 10862 |
| is theft from an elderly person or disabled adult, and division | 10863 |
| (B)(3) of this section applies. Except as otherwise provided in | 10864 |
| this division, theft from an elderly person or disabled adult is a | 10865 |
| felony of the fifth degree. If the value of the property or | 10866 |
| services stolen is five hundred dollars or more and is less than | 10867 |
| five thousand dollars, theft from an elderly person or disabled | 10868 |
| adult is a felony of the fourth degree. If the value of the | 10869 |
| property or services stolen is five thousand dollars or more and | 10870 |
| is less than twenty-five thousand dollars, theft from an elderly | 10871 |
| person or disabled adult is a felony of the third degree. If the | 10872 |
| value of the property or services stolen is twenty-five thousand | 10873 |
| dollars or more and is less than one hundred thousand dollars, | 10874 |
| theft from an elderly person or disabled adult is a felony of the | 10875 |
| second degree. If the value of the property or services stolen is | 10876 |
| one hundred thousand dollars or more, theft from an elderly person | 10877 |
| or disabled adult is a felony of the first degree. | 10878 |
| (4) If the property stolen is a firearm or dangerous | 10879 |
| ordnance, a violation of this section is grand theft, a felony of | 10880 |
| the third degree, and there is a presumption in favor of the court | 10881 |
| imposing a prison term for the offense. The offender shall serve | 10882 |
| the prison term consecutively to any other prison term or | 10883 |
| mandatory prison term previously or subsequently imposed upon the | 10884 |
| offender. | 10885 |
| (5) If the property stolen is a motor vehicle, a violation of | 10886 |
| this section is grand theft of a motor vehicle, a felony of the | 10887 |
| fourth degree. | 10888 |
| (6) If the property stolen is any dangerous drug, a violation | 10889 |
| of this section is theft of drugs, a felony of the fourth degree, | 10890 |
| or, if the offender previously has been convicted of a felony drug | 10891 |
| abuse offense, a felony of the third degree. | 10892 |
| (7) If the property stolen is a police dog or horse or | 10893 |
| 10894 | |
| that the property stolen is a police dog or horse or | 10895 |
| assistance dog, a violation of this section is theft of a police | 10896 |
| dog or horse or | 10897 |
| degree. | 10898 |
| (8) If the property stolen is anhydrous ammonia, a violation | 10899 |
| of this section is theft of anhydrous ammonia, a felony of the | 10900 |
| third degree. | 10901 |
| (9) In addition to the penalties described in division (B)(2) | 10902 |
| of this section, if the offender committed the violation by | 10903 |
| causing a motor vehicle to leave the premises of an establishment | 10904 |
| at which gasoline is offered for retail sale without the offender | 10905 |
| making full payment for gasoline that was dispensed into the fuel | 10906 |
| tank of the motor vehicle or into another container, the court may | 10907 |
| do one of the following: | 10908 |
| (a) Unless division (B)(9)(b) of this section applies, | 10909 |
| suspend for not more than six months the offender's driver's | 10910 |
| license, probationary driver's license, commercial driver's | 10911 |
| license, temporary instruction permit, or nonresident operating | 10912 |
| privilege; | 10913 |
| (b) If the offender's driver's license, probationary driver's | 10914 |
| license, commercial driver's license, temporary instruction | 10915 |
| permit, or nonresident operating privilege has previously been | 10916 |
| suspended pursuant to division (B)(9)(a) of this section, impose a | 10917 |
| class seven suspension of the offender's license, permit, or | 10918 |
| privilege from the range specified in division (A)(7) of section | 10919 |
| 4510.02 of the Revised Code, provided that the suspension shall be | 10920 |
| for at least six months. | 10921 |
| (C) The sentencing court that suspends an offender's license, | 10922 |
| permit, or nonresident operating privilege under division (B)(9) | 10923 |
| of this section may grant the offender limited driving privileges | 10924 |
| during the period of the suspension in accordance with Chapter | 10925 |
| 4510. of the Revised Code. | 10926 |
| Sec. 2921.321. (A) No person shall knowingly cause, or | 10927 |
| attempt to cause, physical harm to a police dog or horse in either | 10928 |
| of the following circumstances: | 10929 |
| (1) The police dog or horse is assisting a law enforcement | 10930 |
| officer in the performance of the officer's official duties at the | 10931 |
| time the physical harm is caused or attempted. | 10932 |
| (2) The police dog or horse is not assisting a law | 10933 |
| enforcement officer in the performance of the officer's official | 10934 |
| duties at the time the physical harm is caused or attempted, but | 10935 |
| the offender has actual knowledge that the dog or horse is a | 10936 |
| police dog or horse. | 10937 |
| (B) No person shall recklessly do any of the following: | 10938 |
| (1) Taunt, torment, or strike a police dog or horse; | 10939 |
| (2) Throw an object or substance at a police dog or horse; | 10940 |
| (3) Interfere with or obstruct a police dog or horse, or | 10941 |
| interfere with or obstruct a law enforcement officer who is being | 10942 |
| assisted by a police dog or horse, in a manner that does any of | 10943 |
| the following: | 10944 |
| (a) Inhibits or restricts the law enforcement officer's | 10945 |
| control of the police dog or horse; | 10946 |
| (b) Deprives the law enforcement officer of control of the | 10947 |
| police dog or horse; | 10948 |
| (c) Releases the police dog or horse from its area of | 10949 |
| control; | 10950 |
| (d) Enters the area of control of the police dog or horse | 10951 |
| without the consent of the law enforcement officer, including | 10952 |
| placing food or any other object or substance into that area; | 10953 |
| (e) Inhibits or restricts the ability of the police dog or | 10954 |
| horse to assist a law enforcement officer. | 10955 |
| (4) Engage in any conduct that is likely to cause serious | 10956 |
| physical injury or death to a police dog or horse; | 10957 |
| (5) If the person is the owner, keeper, or harborer of a dog, | 10958 |
| fail to reasonably restrain the dog from taunting, tormenting, | 10959 |
| chasing, approaching in a menacing fashion or apparent attitude of | 10960 |
| attack, or attempting to bite or otherwise endanger a police dog | 10961 |
| or horse that at the time of the conduct is assisting a law | 10962 |
| enforcement officer in the performance of the officer's duties or | 10963 |
| that the person knows is a police dog or horse. | 10964 |
| (C) No person shall knowingly cause, or attempt to cause, | 10965 |
|
physical harm to | 10966 |
| following circumstances: | 10967 |
| (1) The | 10968 |
| hearing impaired, or mobility impaired person | 10969 |
| 10970 | |
| attempted. | 10971 |
| (2) The | 10972 |
| or hearing impaired, or mobility impaired person | 10973 |
| 10974 | |
| attempted, but the offender has actual
knowledge that
the dog is | 10975 |
| 10976 |
| (D) No person shall recklessly do any of the following: | 10977 |
| (1) Taunt, torment, or strike | 10978 |
| (2) Throw an object or substance at | 10979 |
| dog; | 10980 |
| (3) Interfere with or obstruct | 10981 |
| or interfere with or obstruct a blind, deaf or hearing impaired, | 10982 |
| or mobility impaired person | 10983 |
| is being assisted or served by | 10984 |
| manner that does any of the following: | 10985 |
| (a) Inhibits or restricts the assisted or served person's | 10986 |
| control of the | 10987 |
| (b) Deprives the assisted or served person of control of the | 10988 |
| 10989 |
| (c) Releases the | 10990 |
| (d) Enters the area of control of the | 10991 |
| consent of the assisted or served person, including placing food | 10992 |
| or any other object or substance into that area; | 10993 |
| (e) Inhibits or restricts the ability of the | 10994 |
| assist the assisted or served person. | 10995 |
| (4) Engage in any conduct that is likely to cause serious | 10996 |
| physical injury or death to | 10997 |
| (5) If the person is the owner, keeper, or harborer of a dog, | 10998 |
| fail to reasonably restrain the dog from taunting, tormenting, | 10999 |
| chasing, approaching in a menacing fashion or apparent attitude of | 11000 |
| attack, or attempting to bite or otherwise endanger | 11001 |
| assistance dog that at the time of the conduct is assisting or | 11002 |
| serving a blind, deaf or hearing impaired, or mobility impaired | 11003 |
| person | 11004 |
| is | 11005 |
| (E)(1) Whoever violates division (A) of this section is | 11006 |
| guilty of assaulting a police dog or horse. Except as otherwise | 11007 |
| provided in this division, assaulting a police dog or horse is a | 11008 |
| misdemeanor of the second degree. If the violation results in the | 11009 |
| death of the police dog or horse, assaulting a police dog or horse | 11010 |
| is a felony of the third degree. If the violation results in | 11011 |
| serious physical harm to the police dog or horse other than its | 11012 |
| death, assaulting a police dog or horse is a felony of the fourth | 11013 |
| degree. If the violation results in physical harm to the police | 11014 |
| dog or horse other than death or serious physical harm, assaulting | 11015 |
| a police dog or horse is a misdemeanor of the first degree. | 11016 |
| (2) Whoever violates division (B) of this section is guilty | 11017 |
| of harassing a police dog or horse. Except as otherwise provided | 11018 |
| in this division, harassing a police dog or horse is a misdemeanor | 11019 |
| of the second degree. If the violation results in the death of the | 11020 |
| police dog or horse, harassing a police dog or horse is a felony | 11021 |
| of the third degree. If the violation results in serious physical | 11022 |
| harm to the police dog or horse, but does not result in its death, | 11023 |
| harassing a police dog or horse, is a felony of the fourth degree. | 11024 |
| If the violation results in physical harm to the police dog or | 11025 |
| horse, but does not result in its death or in serious physical | 11026 |
| harm to it, harassing a police dog or horse is a misdemeanor of | 11027 |
| the first degree. | 11028 |
| (3) Whoever violates division (C) of this section is guilty | 11029 |
|
of assaulting | 11030 |
|
provided in this division, assaulting | 11031 |
| is a misdemeanor of the second degree. If the violation results in | 11032 |
| the death of the | 11033 |
| assistance dog is a felony of the third degree. If the violation | 11034 |
| results in
serious physical harm to the | 11035 |
| other
than its death, assaulting
| 11036 |
| felony of the fourth degree. If the violation results in physical | 11037 |
| harm to the | 11038 |
| physical
harm, assaulting | 11039 |
| misdemeanor of the first degree. | 11040 |
| (4) Whoever violates division (D) of this section is guilty | 11041 |
| of harassing | 11042 |
| provided in this division, harassing | 11043 |
| is a misdemeanor of the second degree. If the violation results in | 11044 |
| the death of the | 11045 |
| assistance dog is a felony of the third degree. If the violation | 11046 |
| results in serious physical harm to the | 11047 |
| but does not result in its death, harassing | 11048 |
| assistance dog is a felony of the fourth degree. If the violation | 11049 |
| results in physical harm to the | 11050 |
| not result in its death or in serious physical harm to it, | 11051 |
| harassing | 11052 |
| first degree. | 11053 |
| (5) In addition to any other sanction or penalty imposed for | 11054 |
| the offense under this section, Chapter 2929., or any other | 11055 |
| provision of the Revised Code, whoever violates division (A), (B), | 11056 |
| (C), or (D) of this section is responsible for the payment of all | 11057 |
| of the following: | 11058 |
| (a) Any veterinary bill or bill for medication incurred as a | 11059 |
| result of the violation by the police department regarding a | 11060 |
| violation of division (A) or (B) of this section or by the blind, | 11061 |
| deaf or hearing impaired, or mobility impaired person | 11062 |
| 11063 | |
| assistance dog regarding a violation of division (C) or (D) of | 11064 |
| this section; | 11065 |
| (b) The cost of any damaged equipment that results from the | 11066 |
| violation; | 11067 |
| (c) If the violation did not result in the death of the | 11068 |
| police dog or horse or the | 11069 |
| subject of the violation and if, as a result of that dog or horse | 11070 |
| being the subject of the violation, the dog or horse needs further | 11071 |
| training or retraining to be able to continue in the capacity of a | 11072 |
| police dog or horse or | 11073 |
| any further training or retraining of that dog or horse by a law | 11074 |
| enforcement officer or by the blind, deaf or hearing impaired, or | 11075 |
| mobility impaired person | 11076 |
| assisted or served by the | 11077 |
| (d) If the violation resulted in the death of the police dog | 11078 |
| or horse or the | 11079 |
| violation or resulted in serious physical harm to that dog or | 11080 |
| horse to the extent that the dog or horse needs to be replaced on | 11081 |
| either a temporary or a permanent basis, the cost of replacing | 11082 |
| that dog or horse and of any further training of a new police dog | 11083 |
| or horse or a new | 11084 |
| officer or by the blind, deaf or hearing impaired, or mobility | 11085 |
| impaired person | 11086 |
| served by the | 11087 |
| training is required because of the death of or the serious | 11088 |
| physical harm to the dog or horse that was the subject of the | 11089 |
| violation. | 11090 |
| (F) This section does not apply to a licensed veterinarian | 11091 |
| whose conduct is in accordance with Chapter 4741. of the Revised | 11092 |
| Code. | 11093 |
| (G) This section only applies to an offender who knows or | 11094 |
| should know at the time of the violation that the police dog or | 11095 |
| horse or | 11096 |
| under this section is a police dog or horse or | 11097 |
| assistance dog. | 11098 |
| (H) As used in this section: | 11099 |
| (1) "Physical harm" means any injury, illness, or other | 11100 |
| physiological impairment, regardless of its gravity or duration. | 11101 |
| (2) "Police dog or horse" means a dog or horse that has been | 11102 |
| trained, and may be used, to assist law enforcement officers in | 11103 |
| the performance of their official duties. | 11104 |
| (3) "Serious physical harm" means any of the following: | 11105 |
| (a) Any physical harm that carries a substantial risk of | 11106 |
| death; | 11107 |
| (b) Any physical harm that causes permanent maiming or that | 11108 |
| involves some temporary, substantial maiming; | 11109 |
| (c) Any physical harm that causes acute pain of a duration | 11110 |
| that results in substantial suffering. | 11111 |
| (4)
" | 11112 |
| 11113 | |
| 11114 | |
| 11115 | |
| 11116 | |
| 11117 |
| | 11118 |
| same meanings as in section 955.011 of the Revised Code. | 11119 |
| Sec. 2923.46. (A) If property is seized pursuant to section | 11120 |
| 2923.44 or 2923.45 of the Revised Code, it is considered to be in | 11121 |
| the custody of the head of the law enforcement agency that seized | 11122 |
| it, and the head of that agency may do any of the following with | 11123 |
| respect to that property prior to its disposition in accordance | 11124 |
| with division (A)(4) or (B) of this section: | 11125 |
| (1) Place the property under seal; | 11126 |
| (2) Remove the property to a place that the head of that | 11127 |
| agency designates; | 11128 |
| (3) Request the issuance of a court order that requires any | 11129 |
| other appropriate municipal corporation, county, township, park | 11130 |
| district created pursuant to section 511.18 or 1545.01 of the | 11131 |
| Revised Code, or state law enforcement officer or other officer to | 11132 |
| take custody of the property and, if practicable, remove it to an | 11133 |
| appropriate location for eventual disposition in accordance with | 11134 |
| division (B) of this section; | 11135 |
| (4)(a) Seek forfeiture of the property pursuant to federal | 11136 |
| law. If the head of that agency seeks its forfeiture pursuant to | 11137 |
| federal law, the law enforcement agency shall deposit, use, and | 11138 |
| account for proceeds from a sale of the property upon its | 11139 |
| forfeiture, proceeds from another disposition of the property upon | 11140 |
| its forfeiture, or forfeited moneys it receives, in accordance | 11141 |
| with the applicable federal law and otherwise shall comply with | 11142 |
| that law. | 11143 |
| (b) If the state highway patrol seized the property and if | 11144 |
| the superintendent of the state highway patrol seeks its | 11145 |
| forfeiture pursuant to federal law, the appropriate governmental | 11146 |
| officials shall deposit | 11147 |
| 11148 | |
| earnings derived from the investment of the proceeds from a sale | 11149 |
| of the property upon its forfeiture, the proceeds from another | 11150 |
| disposition of the property upon its forfeiture, or the forfeited | 11151 |
| moneys into the highway patrol justice contraband fund or the | 11152 |
| highway patrol treasury contraband fund, as applicable. The state | 11153 |
| highway patrol shall use and account for that interest or other | 11154 |
| earnings in accordance with the applicable federal law. | 11155 |
| (c) Division (B) of this section and divisions (D)(1) to (3) | 11156 |
| of section 2933.43 of the Revised Code do not apply to proceeds or | 11157 |
| forfeited moneys received pursuant to federal law or to the | 11158 |
| interest or other earnings that are derived from the investment of | 11159 |
| proceeds or forfeited moneys received pursuant to federal law and | 11160 |
| that are described in division (A)(4)(b) of this section. | 11161 |
| (B) In addition to complying with any requirements imposed by | 11162 |
| a court pursuant to section 2923.44 or 2923.45 of the Revised | 11163 |
| Code, and the requirements imposed by those sections, in relation | 11164 |
| to the disposition of property forfeited to the state under either | 11165 |
| of those sections, the prosecuting attorney who is responsible for | 11166 |
| its disposition shall dispose of the property as follows: | 11167 |
| (1) Any vehicle that was used in a violation of section | 11168 |
| 2923.42 of the Revised Code or in an act of a juvenile that is a | 11169 |
| violation of section 2923.42 of the Revised Code shall be given to | 11170 |
| the law enforcement agency of the municipal corporation or county | 11171 |
| in which the offense or act occurred if that agency desires to | 11172 |
| have the vehicle, except that, if the offense or act occurred in a | 11173 |
| township or in a park district created pursuant to section 511.18 | 11174 |
| or 1545.01 of the Revised Code and a law enforcement officer | 11175 |
| employed by the township or the park district was involved in the | 11176 |
| seizure of the vehicle, the vehicle may be given to the law | 11177 |
| enforcement agency of that township or park district if that | 11178 |
| agency desires to have the vehicle, and except that, if the state | 11179 |
| highway patrol made the seizure of the vehicle, the vehicle may be | 11180 |
| given to the state highway patrol if it desires to have the | 11181 |
| vehicle. | 11182 |
| (2) Drugs shall be disposed of pursuant to section 3719.11 of | 11183 |
| the Revised Code or placed in the custody of the secretary of the | 11184 |
| treasury of the United States for disposal or use for medical or | 11185 |
| scientific purposes under applicable federal law. | 11186 |
| (3) Firearms and dangerous ordnance suitable for police work | 11187 |
| may be given to a law enforcement agency for that purpose. | 11188 |
| Firearms suitable for sporting use, or as museum pieces or | 11189 |
| collectors' items, may be disposed of by sale pursuant to division | 11190 |
| (B)(7) of this section. Other firearms and dangerous ordnance | 11191 |
| shall be destroyed by a law enforcement agency or shall be sent to | 11192 |
| the bureau of criminal identification and investigation for | 11193 |
| destruction by it. | 11194 |
| (4) Computers, computer networks, computer systems, and | 11195 |
| computer software suitable for police work may be given to a law | 11196 |
| enforcement agency for that purpose. Other computers, computer | 11197 |
| networks, computer systems, and computer software shall be | 11198 |
| disposed of by sale pursuant to division (B)(7) of this section or | 11199 |
| disposed of in another manner that the court that issued the order | 11200 |
| of forfeiture considers proper under the circumstances. | 11201 |
| (5) Obscene materials shall be destroyed. | 11202 |
| (6) Beer, intoxicating liquor, and alcohol shall be disposed | 11203 |
| of in accordance with division (D)(4) of section 2933.41 of the | 11204 |
| Revised Code. | 11205 |
| (7) In the case of property not described in divisions (B)(1) | 11206 |
| to (6) of this section and of property described in those | 11207 |
| divisions but not disposed of pursuant to them, the property shall | 11208 |
| be sold in accordance with division (B)(7) of this section or, in | 11209 |
| the case of forfeited moneys, disposed of in accordance with | 11210 |
| division (B)(7) of this section. If the property is to be sold, | 11211 |
| the prosecuting attorney shall cause a notice of the proposed sale | 11212 |
| of the property to be given in accordance with law, and the | 11213 |
| property shall be sold, without appraisal, at a public auction to | 11214 |
| the highest bidder for cash. The proceeds of a sale and forfeited | 11215 |
| moneys shall be applied in the following order: | 11216 |
| (a) First, to the payment of the costs incurred in connection | 11217 |
| with the seizure of, storage of, maintenance of, and provision of | 11218 |
| security for the property, the forfeiture proceeding or civil | 11219 |
| action, and, if any, the sale; | 11220 |
| (b) Second, the remaining proceeds or forfeited moneys after | 11221 |
| compliance with division (B)(7)(a) of this section, to the payment | 11222 |
| of the value of any legal right, title, or interest in the | 11223 |
| property that is possessed by a person who, pursuant to division | 11224 |
| (F) of section 2923.44 of the Revised Code or division (E) of | 11225 |
| section 2923.45 of the Revised Code, established the validity of | 11226 |
| and consequently preserved that legal right, title, or interest, | 11227 |
| including, but not limited to, any mortgage, perfected or other | 11228 |
| security interest, or other lien in the property. The value of | 11229 |
| these rights, titles, or interests shall be paid according to | 11230 |
| their record or other order of priority. | 11231 |
| (c) Third, the remaining proceeds or forfeited moneys after | 11232 |
| compliance with divisions (B)(7)(a) and (b) of this section, as | 11233 |
| follows: | 11234 |
| (i) If the forfeiture was ordered in a juvenile court, ten | 11235 |
| per cent to one or more alcohol and drug addiction treatment | 11236 |
| programs that are certified by the department of alcohol and drug | 11237 |
| addiction services under section 3793.06 of the Revised Code and | 11238 |
| that are specified in the order of forfeiture. A juvenile court | 11239 |
| shall not specify an alcohol or drug addiction treatment program | 11240 |
| in the order of forfeiture unless the program is a certified | 11241 |
| alcohol and drug addiction treatment program and, except as | 11242 |
| provided in division (B)(7)(c)(i) of this section, unless the | 11243 |
| program is located in the county in which the court that orders | 11244 |
| the forfeiture is located or in a contiguous county. If no | 11245 |
| certified alcohol and drug addiction treatment program is located | 11246 |
| in any of those counties, the juvenile court may specify in the | 11247 |
| order a certified alcohol and drug addiction treatment program | 11248 |
| located anywhere within this state. | 11249 |
| (ii) If the forfeiture was ordered in a juvenile court, | 11250 |
| ninety per cent, and if the forfeiture was ordered in a court | 11251 |
| other than a juvenile court, one hundred per cent to appropriate | 11252 |
| funds in accordance with divisions (D)(1)(c) and (2) of section | 11253 |
| 2933.43 of the Revised Code. The remaining proceeds or forfeited | 11254 |
| moneys so deposited shall be used only for the purposes authorized | 11255 |
| by those divisions and division (D)(3)(a)(ii) of that section. | 11256 |
| (C)(1) Sections 2923.44 to 2923.47 of the Revised Code do not | 11257 |
| preclude a financial institution that possessed a valid mortgage, | 11258 |
| security interest, or lien that is not satisfied prior to a sale | 11259 |
| under division (B)(7) of this section or following a sale by | 11260 |
| application of division (B)(7)(b) of this section, from commencing | 11261 |
| a civil action in any appropriate court in this or another state | 11262 |
| to obtain a deficiency judgment against the debtor if the | 11263 |
| financial institution otherwise would have been entitled to do so | 11264 |
| in this or another state. | 11265 |
| (2) Any law enforcement agency that obtains any vehicle | 11266 |
| pursuant to division (B)(1) of this section shall take the vehicle | 11267 |
| subject to the outstanding amount of any security interest or lien | 11268 |
| that attaches to the vehicle. | 11269 |
| (3) Nothing in this section impairs a mortgage, security | 11270 |
| interest, lien, or other interest of a financial institution in | 11271 |
| property that was the subject of a forfeiture order under section | 11272 |
| 2923.44 or 2923.45 of the Revised Code and that was sold or | 11273 |
| otherwise disposed of in a manner that does not conform to the | 11274 |
| requirements of division (B) of this section, or any right of a | 11275 |
| financial institution of that nature to commence a civil action in | 11276 |
| any appropriate court in this or another state to obtain a | 11277 |
| deficiency judgment against the debtor. | 11278 |
| (4) Following the sale under division (B)(7) of this section | 11279 |
| of any property that is required to be titled or registered under | 11280 |
| the law of this state, the prosecuting attorney responsible for | 11281 |
| the disposition of the property shall cause the state to issue an | 11282 |
| appropriate certificate of title or registration to the purchaser | 11283 |
| of the property. If, in a disposition of property pursuant to | 11284 |
| division (B) of this section, the state or a political subdivision | 11285 |
| is given any property that is required to be titled or registered | 11286 |
| under the law of this state, the prosecuting attorney responsible | 11287 |
| for the disposition of the property shall cause the state to issue | 11288 |
| an appropriate certificate of title or registration to itself or | 11289 |
| to the political subdivision. | 11290 |
| (D) Property that has been forfeited to the state pursuant to | 11291 |
| an order of criminal forfeiture under section 2923.44 of the | 11292 |
| Revised Code or an order of civil forfeiture under section 2923.45 | 11293 |
| of the Revised Code shall not be available for use to pay any fine | 11294 |
| imposed upon a person who is convicted of or pleads guilty to a | 11295 |
| violation of section 2923.42 of the Revised Code or upon a | 11296 |
| juvenile who is found by a juvenile court to be a delinquent child | 11297 |
| for an act that is a violation of section 2923.42 of the Revised | 11298 |
| Code. | 11299 |
| (E) Sections 2923.44 to 2923.47 of the Revised Code do not | 11300 |
| prohibit a law enforcement officer from seeking the forfeiture of | 11301 |
| contraband associated with a violation of section 2923.42 of the | 11302 |
| Revised Code pursuant to section 2933.43 of the Revised Code. | 11303 |
| Sec. 2925.44. (A) If property is seized pursuant to section | 11304 |
| 2925.42 or 2925.43 of the Revised Code, it is deemed to be in the | 11305 |
| custody of the head of the law enforcement agency that seized it, | 11306 |
| and the head of that agency may do any of the following with | 11307 |
| respect to that property prior to its disposition in accordance | 11308 |
| with division (A)(4) or (B) of this section: | 11309 |
| (1) Place the property under seal; | 11310 |
| (2) Remove the property to a place that the head of that | 11311 |
| agency designates; | 11312 |
| (3) Request the issuance of a court order that requires any | 11313 |
| other appropriate municipal corporation, county, township, park | 11314 |
| district created pursuant to section 511.18 or 1545.01 of the | 11315 |
| Revised Code, or state law enforcement officer or other officer to | 11316 |
| take custody of the property and, if practicable, remove it to an | 11317 |
| appropriate location for eventual disposition in accordance with | 11318 |
| division (B) of this section; | 11319 |
| (4)(a) Seek forfeiture of the property pursuant to federal | 11320 |
| law. If the head of that agency seeks its forfeiture pursuant to | 11321 |
| federal law, the law enforcement agency shall deposit, use, and | 11322 |
| account for proceeds from a sale of the property upon its | 11323 |
| forfeiture, proceeds from another disposition of the property upon | 11324 |
| its forfeiture, or forfeited moneys it receives, in accordance | 11325 |
| with the applicable federal law and otherwise shall comply with | 11326 |
| that law. | 11327 |
| (b) If the state highway patrol seized the property and if | 11328 |
| the superintendent of the state highway patrol seeks its | 11329 |
| forfeiture pursuant to federal law, the appropriate governmental | 11330 |
| officials shall deposit | 11331 |
| 11332 | |
| earnings derived from the investment of the proceeds from a sale | 11333 |
| of the property upon its forfeiture, the proceeds from another | 11334 |
| disposition of the property upon its forfeiture, or the forfeited | 11335 |
| moneys into the highway patrol justice contraband fund or the | 11336 |
| highway patrol treasury contraband fund, as applicable. The state | 11337 |
| highway patrol shall use and account for that interest or other | 11338 |
| earnings in accordance with the applicable federal law. | 11339 |
| (c) If the investigative unit of the department of public | 11340 |
| safety seized the property and if the director of public safety | 11341 |
| seeks its forfeiture pursuant to federal law, the appropriate | 11342 |
| governmental officials shall deposit into the department of public | 11343 |
| safety investigative unit federal equitable share account fund all | 11344 |
| interest or other earnings derived from the investment of the | 11345 |
| proceeds from a sale of the property upon its forfeiture, the | 11346 |
| proceeds from another disposition of the property upon its | 11347 |
| forfeiture, or the forfeited moneys. The department shall use and | 11348 |
| account for that interest or other earnings in accordance with the | 11349 |
| applicable federal law. | 11350 |
| (d) If the enforcement division of the department of taxation | 11351 |
| seized the property and if the tax commissioner seeks its | 11352 |
| forfeiture pursuant to federal law, the appropriate governmental | 11353 |
| officials shall deposit into the department of taxation | 11354 |
| enforcement fund all interest or other earnings derived from the | 11355 |
| investment of the proceeds from a sale of the property upon its | 11356 |
| forfeiture, the proceeds from another disposition of the property | 11357 |
| upon its forfeiture, or the forfeited moneys. The department shall | 11358 |
| use and account for that interest or other earnings in accordance | 11359 |
| with the applicable federal law. | 11360 |
| (e) Division (B) of this section and divisions (D)(1) to (3) | 11361 |
| of section 2933.43 of the Revised Code do not apply to proceeds or | 11362 |
| forfeited moneys received pursuant to federal law or to the | 11363 |
| interest or other earnings that are derived from the investment of | 11364 |
| proceeds or forfeited moneys received pursuant to federal law and | 11365 |
| that are described in division (A)(4)(b) or (d) of this section. | 11366 |
| (B) In addition to complying with any requirements imposed by | 11367 |
| a court pursuant to section 2925.42 or 2925.43 of the Revised | 11368 |
| Code, and the requirements imposed by those sections, in relation | 11369 |
| to the disposition of property forfeited to the state under either | 11370 |
| of those sections, the prosecuting attorney who is responsible for | 11371 |
| its disposition shall dispose of the property as follows: | 11372 |
| (1) Any vehicle, as defined in section 4501.01 of the Revised | 11373 |
| Code, that was used in a felony drug abuse offense or in an act | 11374 |
| that, if committed by an adult, would be a felony drug abuse | 11375 |
| offense shall be given to the law enforcement agency of the | 11376 |
| municipal corporation or county in which the offense occurred if | 11377 |
| that agency desires to have the vehicle, except that, if the | 11378 |
| offense occurred in a township or in a park district created | 11379 |
| pursuant to section 511.18 or 1545.01 of the Revised Code and a | 11380 |
| law enforcement officer employed by the township or the park | 11381 |
| district was involved in the seizure of the vehicle, the vehicle | 11382 |
| may be given to the law enforcement agency of that township or | 11383 |
| park district if that agency desires to have the vehicle, and | 11384 |
| except that, if the state highway patrol made the seizure of the | 11385 |
| vehicle, the vehicle may be given to the state highway patrol if | 11386 |
| it desires to have the vehicle. | 11387 |
| (2) Any drug paraphernalia that was used, possessed, sold, or | 11388 |
| manufactured in a violation of section 2925.14 of the Revised Code | 11389 |
| that would be a felony drug abuse offense or in a violation of | 11390 |
| that section committed by a juvenile that, if committed by an | 11391 |
| adult, would be a felony drug abuse offense, may be given to the | 11392 |
| law enforcement agency of the municipal corporation or county in | 11393 |
| which the offense occurred if that agency desires to have and can | 11394 |
| use the drug paraphernalia, except that, if the offense occurred | 11395 |
| in a township or in a park district created pursuant to section | 11396 |
| 511.18 or 1545.01 of the Revised Code and a law enforcement | 11397 |
| officer employed by the township or the park district was involved | 11398 |
| in the seizure of the drug paraphernalia, the drug paraphernalia | 11399 |
| may be given to the law enforcement agency of that township or | 11400 |
| park district if that agency desires to have and can use the drug | 11401 |
| paraphernalia. If the drug paraphernalia is not so given, it shall | 11402 |
| be disposed of by sale pursuant to division (B)(8) of this section | 11403 |
| or disposed of in another manner that the court that issued the | 11404 |
| order of forfeiture considers proper under the circumstances. | 11405 |
| (3) Drugs shall be disposed of pursuant to section 3719.11 of | 11406 |
| the Revised Code or placed in the custody of the secretary of the | 11407 |
| treasury of the United States for disposal or use for medical or | 11408 |
| scientific purposes under applicable federal law. | 11409 |
| (4) Firearms and dangerous ordnance suitable for police work | 11410 |
| may be given to a law enforcement agency for that purpose. | 11411 |
| Firearms suitable for sporting use, or as museum pieces or | 11412 |
| collectors' items, may be disposed of by sale pursuant to division | 11413 |
| (B)(8) of this section. Other firearms and dangerous ordnance | 11414 |
| shall be destroyed by a law enforcement agency or shall be sent to | 11415 |
| the bureau of criminal identification and investigation for | 11416 |
| destruction by it. As used in this division, "firearms" and | 11417 |
| "dangerous ordnance" have the same meanings as in section 2923.11 | 11418 |
| of the Revised Code. | 11419 |
| (5) Computers, computer networks, computer systems, and | 11420 |
| computer software suitable for police work may be given to a law | 11421 |
| enforcement agency for that purpose. Other computers, computer | 11422 |
| networks, computer systems, and computer software shall be | 11423 |
| disposed of by sale pursuant to division (B)(8) of this section or | 11424 |
| disposed of in another manner that the court that issued the order | 11425 |
| of forfeiture considers proper under the circumstances. As used in | 11426 |
| this division, "computers," "computer networks," "computer | 11427 |
| systems," and "computer software" have the same meanings as in | 11428 |
| section 2913.01 of the Revised Code. | 11429 |
| (6) Obscene materials shall be destroyed. | 11430 |
| (7) Beer, intoxicating liquor, and alcohol shall be disposed | 11431 |
| of in accordance with division (D)(4) of section 2933.41 of the | 11432 |
| Revised Code. | 11433 |
| (8) In the case of property not described in divisions (B)(1) | 11434 |
| to (7) of this section and of property described in those | 11435 |
| divisions but not disposed of pursuant to them, the property shall | 11436 |
| be sold in accordance with division (B)(8) of this section or, in | 11437 |
| the case of forfeited moneys, disposed of in accordance with | 11438 |
| division (B)(8) of this section. If the property is to be sold, | 11439 |
| the prosecuting attorney shall cause a notice of the proposed sale | 11440 |
| of the property to be given in accordance with law, and the | 11441 |
| property shall be sold, without appraisal, at a public auction to | 11442 |
| the highest bidder for cash. The proceeds of a sale and forfeited | 11443 |
| moneys shall be applied in the following order: | 11444 |
| (a) First, to the payment of the costs incurred in connection | 11445 |
| with the seizure of, storage of, maintenance of, and provision of | 11446 |
| security for the property, the forfeiture proceeding or civil | 11447 |
| action, and, if any, the sale; | 11448 |
| (b) Second, the remaining proceeds or forfeited moneys after | 11449 |
| compliance with division (B)(8)(a) of this section, to the payment | 11450 |
| of the value of any legal right, title, or interest in the | 11451 |
| property that is possessed by a person who, pursuant to division | 11452 |
| (F) of section 2925.42 of the Revised Code or division (E) of | 11453 |
| section 2925.43 of the Revised Code, established the validity of | 11454 |
| and consequently preserved that legal right, title, or interest, | 11455 |
| including, but not limited to, any mortgage, perfected or other | 11456 |
| security interest, or other lien in the property. The value of | 11457 |
| these rights, titles, or interests shall be paid according to | 11458 |
| their record or other order of priority. | 11459 |
| (c) Third, the remaining proceeds or forfeited moneys after | 11460 |
| compliance with divisions (B)(8)(a) and (b) of this section, as | 11461 |
| follows: | 11462 |
| (i) If the forfeiture was ordered in a juvenile court, ten | 11463 |
| per cent to one or more alcohol and drug addiction treatment | 11464 |
| programs that are certified by the department of alcohol and drug | 11465 |
| addiction services under section 3793.06 of the Revised Code and | 11466 |
| that are specified in the order of forfeiture. A juvenile court | 11467 |
| shall not specify an alcohol or drug addiction treatment program | 11468 |
| in the order of forfeiture unless the program is a certified | 11469 |
| alcohol and drug addiction treatment program and, except as | 11470 |
| provided in division (B)(8)(c)(i) of this section, unless the | 11471 |
| program is located in the county in which the court that orders | 11472 |
| the forfeiture is located or in a contiguous county. If no | 11473 |
| certified alcohol and drug addiction treatment program is located | 11474 |
| in any of those counties, the juvenile court may specify in the | 11475 |
| order a certified alcohol and drug addiction treatment program | 11476 |
| located anywhere within this state. | 11477 |
| (ii) If the forfeiture was ordered in a juvenile court, | 11478 |
| ninety per cent, and if the forfeiture was ordered in a court | 11479 |
| other than a juvenile court, one hundred per cent to appropriate | 11480 |
| funds in accordance with divisions (D)(1)(c) and (2) of section | 11481 |
| 2933.43 of the Revised Code. The remaining proceeds or forfeited | 11482 |
| moneys so deposited shall be used only for the purposes authorized | 11483 |
| by those divisions and division (D)(3)(a)(ii) of that section. | 11484 |
| (C)(1) Sections 2925.41 to 2925.45 of the Revised Code do not | 11485 |
| preclude a financial institution that possessed a valid mortgage, | 11486 |
| security interest, or lien that is not satisfied prior to a sale | 11487 |
| under division (B)(8) of this section or following a sale by | 11488 |
| application of division (B)(8)(b) of this section, from commencing | 11489 |
| a civil action in any appropriate court in this or another state | 11490 |
| to obtain a deficiency judgment against the debtor if the | 11491 |
| financial institution otherwise would have been entitled to do so | 11492 |
| in this or another state. | 11493 |
| (2) Any law enforcement agency that obtains any vehicle | 11494 |
| pursuant to division (B)(1) of this section shall take the vehicle | 11495 |
| subject to the outstanding amount of any security interest or lien | 11496 |
| that attaches to the vehicle. | 11497 |
| (3) Nothing in this section impairs a mortgage, security | 11498 |
| interest, lien, or other interest of a financial institution in | 11499 |
| property that was the subject of a forfeiture order under section | 11500 |
| 2925.42 or 2925.43 of the Revised Code and that was sold or | 11501 |
| otherwise disposed of in a manner that does not conform to the | 11502 |
| requirements of division (B) of this section, or any right of a | 11503 |
| financial institution of that nature to commence a civil action in | 11504 |
| any appropriate court in this or another state to obtain a | 11505 |
| deficiency judgment against the debtor. | 11506 |
| (4) Following the sale under division (B)(8) of this section | 11507 |
| of any property that is required to be titled or registered under | 11508 |
| the law of this state, the prosecuting attorney responsible for | 11509 |
| the disposition of the property shall cause the state to issue an | 11510 |
| appropriate certificate of title or registration to the purchaser | 11511 |
| of the property. Additionally, if, in a disposition of property | 11512 |
| pursuant to division (B) of this section, the state or a political | 11513 |
| subdivision is given any property that is required to be titled or | 11514 |
| registered under the law of this state, the prosecuting attorney | 11515 |
| responsible for the disposition of the property shall cause the | 11516 |
| state to issue an appropriate certificate of title or registration | 11517 |
| to itself or to the political subdivision. | 11518 |
| (D) Property that has been forfeited to the state pursuant to | 11519 |
| an order of criminal forfeiture under section 2925.42 of the | 11520 |
| Revised Code or an order of civil forfeiture under section 2925.43 | 11521 |
| of the Revised Code shall not be available for use to pay any fine | 11522 |
| imposed upon a person who is convicted of or pleads guilty to a | 11523 |
| felony drug abuse offense or upon any juvenile who is found by a | 11524 |
| juvenile court to be a delinquent child for an act that, if | 11525 |
| committed by an adult, would be a felony drug abuse offense. | 11526 |
| (E) Sections 2925.41 to 2925.45 of the Revised Code do not | 11527 |
| prohibit a law enforcement officer from seeking the forfeiture of | 11528 |
| contraband associated with a felony drug abuse offense pursuant to | 11529 |
| section 2933.43 of the Revised Code. | 11530 |
| Sec. 2933.43. (A)(1) Except as provided in this division or | 11531 |
| in section 2913.34 or sections 2923.44 to 2923.47 or 2925.41 to | 11532 |
| 2925.45 of the Revised Code, a law enforcement officer shall seize | 11533 |
| any contraband that has been, is being, or is intended to be used | 11534 |
| in violation of division (A) of section 2933.42 of the Revised | 11535 |
| Code. A law enforcement officer shall seize contraband that is a | 11536 |
| watercraft, motor vehicle, or aircraft and that has been, is | 11537 |
| being, or is intended to be used in violation of division (A) of | 11538 |
| section 2933.42 of the Revised Code only if the watercraft, motor | 11539 |
| vehicle, or aircraft is contraband because of its relationship to | 11540 |
| an underlying criminal offense that is a felony. | 11541 |
| Additionally, a law enforcement officer shall seize any | 11542 |
| watercraft, motor vehicle, aircraft, or other personal property | 11543 |
| that is classified as contraband under division (B) of section | 11544 |
| 2933.42 of the Revised Code if the underlying offense involved in | 11545 |
| the violation of division (A) of that section that resulted in the | 11546 |
| watercraft, motor vehicle, aircraft, or personal property being | 11547 |
| classified as contraband, is a felony. | 11548 |
| (2) If a law enforcement officer seizes property that is | 11549 |
| titled or registered under law, including a motor vehicle, | 11550 |
| pursuant to division (A)(1) of this section, the officer or the | 11551 |
| officer's employing law enforcement agency shall notify the owner | 11552 |
| of the seizure. The notification shall be given to the owner at | 11553 |
| the owner's last known address within seventy-two hours after the | 11554 |
| seizure, and may be given orally by any means, including | 11555 |
| telephone, or by certified mail, return receipt requested. | 11556 |
| If the officer or the officer's agency is unable to provide | 11557 |
| the notice required by this division despite reasonable, good | 11558 |
| faith efforts to do so, the exercise of the reasonable, good faith | 11559 |
| efforts constitutes fulfillment of the notice requirement imposed | 11560 |
| by this division. | 11561 |
| (B)(1) A motor vehicle seized pursuant to division (A)(1) of | 11562 |
| this section and the contents of the vehicle may be retained for a | 11563 |
| reasonable period of time, not to exceed seventy-two hours, for | 11564 |
| the purpose of inspection, investigation, and the gathering of | 11565 |
| evidence of any offense or illegal use. | 11566 |
| At any time prior to the expiration of the seventy-two-hour | 11567 |
| period, the law enforcement agency that seized the motor vehicle | 11568 |
| may petition the court of common pleas of the county that has | 11569 |
| jurisdiction over the underlying criminal case or administrative | 11570 |
| proceeding involved in the forfeiture for an extension of the | 11571 |
| seventy-two-hour period if the motor vehicle or its contents are | 11572 |
| needed as evidence or if additional time is needed for the | 11573 |
| inspection, investigation, or gathering of evidence. Upon the | 11574 |
| filing of such a petition, the court immediately shall schedule a | 11575 |
| hearing to be held at a time as soon as possible after the filing, | 11576 |
| but in no event at a time later than the end of the next business | 11577 |
| day subsequent to the day on which the petition was filed, and | 11578 |
| upon scheduling the hearing, immediately shall notify the owner of | 11579 |
| the vehicle, at the address at which notification of the seizure | 11580 |
| was provided under division (A) of this section, of the date, | 11581 |
| time, and place of the hearing. If the court, at the hearing, | 11582 |
| determines that the vehicle or its contents, or both, are needed | 11583 |
| as evidence or that additional time is needed for the inspection, | 11584 |
| investigation, or gathering of evidence, the court may grant the | 11585 |
| petition and issue an order authorizing the retention of the | 11586 |
| vehicle or its contents, or both, for an extended period as | 11587 |
| specified by the court in its order. An order extending a period | 11588 |
| of retention issued under this division may be renewed. | 11589 |
| If no petition for the extension of the initial | 11590 |
| seventy-two-hour period has been filed, prior to the expiration of | 11591 |
| that period, under this division, if the vehicle was not in the | 11592 |
| custody and control of the owner at the time of its seizure, and | 11593 |
| if, at the end of that seventy-two-hour period, the owner of the | 11594 |
| vehicle has not been charged with an offense or administrative | 11595 |
| violation that includes the use of the vehicle as an element and | 11596 |
| has not been charged with any other offense or administrative | 11597 |
| violation in the actual commission of which the motor vehicle was | 11598 |
| used, the vehicle and its contents shall be released to its owner | 11599 |
| or the owner's agent, provided that the law enforcement agency | 11600 |
| that seized the vehicle may require proof of ownership of the | 11601 |
| vehicle, proof of ownership or legal possession of the contents, | 11602 |
| and an affidavit of the owner that the owner neither knew of nor | 11603 |
| expressly or impliedly consented to the use of the vehicle that | 11604 |
| resulted in its forfeiture as conditions precedent to release. If | 11605 |
| a petition for the extension of the initial seventy-two-hour | 11606 |
| period has been filed, prior to the expiration of that period, | 11607 |
| under this division but the court does not grant the petition, if | 11608 |
| the vehicle was not in the custody and control of the owner at the | 11609 |
| time of its seizure, and if, at the end of that seventy-two-hour | 11610 |
| period, the owner of the vehicle has not been charged with an | 11611 |
| offense or administrative violation that includes the use of the | 11612 |
| vehicle as an element and has not been charged with any other | 11613 |
| offense or administrative violation in the actual commission of | 11614 |
| which the motor vehicle was used, the vehicle and its contents | 11615 |
| shall be released to its owner or the owner's agent, provided that | 11616 |
| the court may require the proof and affidavit described in the | 11617 |
| preceding sentence as conditions precedent to release. If the | 11618 |
| initial seventy-two-hour period has been extended under this | 11619 |
| division, the vehicle and its contents to which the extension | 11620 |
| applies may be retained in accordance with the extension order. | 11621 |
| If, at the end of that extended period, the owner of the vehicle | 11622 |
| has not been charged with an offense or administrative violation | 11623 |
| that includes the use of the vehicle as an element and has not | 11624 |
| been charged with any other offense or administrative violation in | 11625 |
| the actual commission of which the motor vehicle was used, and if | 11626 |
| the vehicle was not in the custody and control of the owner at the | 11627 |
| time of its seizure, the vehicle and its contents shall be | 11628 |
| released to its owner or the owner's agent, provided that the | 11629 |
| court may require the proof and affidavit described in the third | 11630 |
| preceding sentence as conditions precedent to release. In cases in | 11631 |
| which the court may require proof and affidavits as conditions | 11632 |
| precedent to release, the court also may require the posting of a | 11633 |
| bond, with sufficient sureties approved by the court, in an amount | 11634 |
| equal to the value of the property to be released, as determined | 11635 |
| by the court, and conditioned upon the return of the property to | 11636 |
| the court if it is forfeited under this section, as a further | 11637 |
| condition to release. If, at the end of the initial | 11638 |
| seventy-two-hour period or at the end of any extended period | 11639 |
| granted under this section, the owner has been charged with an | 11640 |
| offense or administrative violation that includes the use of the | 11641 |
| vehicle as an element or has been charged with another offense or | 11642 |
| administrative violation in the actual commission of which the | 11643 |
| motor vehicle was used, or if the vehicle was in the custody and | 11644 |
| control of the owner at the time of its seizure, the vehicle and | 11645 |
| its contents shall be retained pending disposition of the charge, | 11646 |
| provided that upon the filing of a motion for release by the | 11647 |
| owner, if the court determines that the motor vehicle or its | 11648 |
| contents, or both, are not needed as evidence in the underlying | 11649 |
| criminal case or administrative proceeding, the court may permit | 11650 |
| the release of the property that is not needed as evidence to the | 11651 |
| owner; as a condition precedent to a release of that nature, the | 11652 |
| court may require the owner to execute a bond with the court. Any | 11653 |
| bond so required shall be in an amount equal to the value of the | 11654 |
| property to be released, as determined by the court, shall have | 11655 |
| sufficient sureties approved by the court, and shall be | 11656 |
| conditioned upon the return of the property to the court to which | 11657 |
| it is forfeited under this section. | 11658 |
| The final disposition of a motor vehicle seized pursuant to | 11659 |
| division (A)(1) of this section shall be determined in accordance | 11660 |
| with division (C) of this section. | 11661 |
| (2) Pending a hearing pursuant to division (C) of this | 11662 |
| section, and subject to divisions (B)(1) and (C) of this section, | 11663 |
| any property lawfully seized pursuant to division (A) of this | 11664 |
| section because it was contraband of a type described in division | 11665 |
| (A)(13)(b), (d), (e), (f), (g), (h), (i), or (j) of section | 11666 |
| 2901.01 of the Revised Code shall not be subject to replevin or | 11667 |
| other action in any court and shall not be subject to release upon | 11668 |
| request of the owner, and no judgment shall be enforced against | 11669 |
| the property. Pending the hearing, and subject to divisions (B)(1) | 11670 |
| and (C) of this section, the property shall be kept in the custody | 11671 |
| of the law enforcement agency responsible for its seizure. | 11672 |
| Pending a hearing pursuant to division (C) of this section, | 11673 |
| and notwithstanding any provisions of division (B)(1) or (C) of | 11674 |
| this section to the contrary, any property lawfully seized | 11675 |
| pursuant to division (A) of this section because it was contraband | 11676 |
| of a type described in division (A)(13)(a) or (c) of section | 11677 |
| 2901.01 of the Revised Code shall not be subject to replevin or | 11678 |
| other action in any court and shall not be subject to release upon | 11679 |
| request of the owner, and no judgment shall be enforced against | 11680 |
| the property. Pending the hearing, and notwithstanding any | 11681 |
| provisions of division (B)(1) or (C) of this section to the | 11682 |
| contrary, the property shall be kept in the custody of the law | 11683 |
| enforcement agency responsible for its seizure. | 11684 |
| A law enforcement agency that seizes property under division | 11685 |
| (A) of this section because it was contraband of any type | 11686 |
| described in division (A)(13) of section 2901.01 or division (B) | 11687 |
| of section 2933.42 of the Revised Code shall maintain an accurate | 11688 |
| record of each item of property so seized, which record shall | 11689 |
| include the date on which each item was seized, the manner and | 11690 |
| date of its disposition, and if applicable, the name of the person | 11691 |
| who received the item; however, the record shall not identify or | 11692 |
| enable the identification of the individual officer who seized the | 11693 |
| item. The record of property of that nature that no longer is | 11694 |
| needed as evidence shall be open to public inspection during the | 11695 |
| agency's regular business hours. Each law enforcement agency that, | 11696 |
| during any calendar year, seizes property under division (A) of | 11697 |
| this section because it was contraband shall prepare a report | 11698 |
| covering the calendar year that cumulates all of the information | 11699 |
| contained in all of the records kept by the agency pursuant to | 11700 |
| this division for that calendar year, and shall send a copy of the | 11701 |
| cumulative report, no later than the first day of March in the | 11702 |
| calendar year following the calendar year covered by the report, | 11703 |
| to the attorney general. Each report received by the attorney | 11704 |
| general is a public record open for inspection under section | 11705 |
| 149.43 of the Revised Code. Not later than the fifteenth day of | 11706 |
| April in the calendar year in which the reports are received, the | 11707 |
| attorney general shall send to the president of the senate and the | 11708 |
| speaker of the house of representatives a written notification | 11709 |
| that does all of the following: | 11710 |
| (a) Indicates that the attorney general has received from law | 11711 |
| enforcement agencies reports of the type described in this | 11712 |
| division that cover the previous calendar year and indicates that | 11713 |
| the reports were received under this division; | 11714 |
| (b) Indicates that the reports are open for inspection under | 11715 |
| section 149.43 of the Revised Code; | 11716 |
| (c) Indicates that the attorney general will provide a copy | 11717 |
| of any or all of the reports to the president of the senate or the | 11718 |
| speaker of the house of representatives upon request. | 11719 |
| (C) The prosecuting attorney, village solicitor, city | 11720 |
| director of law, or similar chief legal officer who has | 11721 |
| responsibility for the prosecution of the underlying criminal case | 11722 |
| or administrative proceeding, or the attorney general if the | 11723 |
| attorney general has that responsibility, shall file a petition | 11724 |
| for the forfeiture, to the seizing law enforcement agency of the | 11725 |
| contraband seized pursuant to division (A) of this section. The | 11726 |
| petition shall be filed in the court that has jurisdiction over | 11727 |
| the underlying criminal case or administrative proceeding involved | 11728 |
| in the forfeiture. If the property was seized on the basis of both | 11729 |
| a criminal violation and an administrative regulation violation, | 11730 |
| the petition shall be filed by the officer and in the court that | 11731 |
| is appropriate in relation to the criminal case. | 11732 |
| The petitioner shall conduct or cause to be conducted a | 11733 |
| search of the appropriate public records that relate to the seized | 11734 |
| property for the purpose of determining, and shall make or cause | 11735 |
| to be made reasonably diligent inquiries for the purpose of | 11736 |
| determining, any person having an ownership or security interest | 11737 |
| in the property. The petitioner then shall give notice of the | 11738 |
| forfeiture proceedings by personal service or by certified mail, | 11739 |
| return receipt requested, to any persons known, because of the | 11740 |
| conduct of the search, the making of the inquiries, or otherwise, | 11741 |
| to have an ownership or security interest in the property, and | 11742 |
| shall publish notice of the proceedings once each week for two | 11743 |
| consecutive weeks in a newspaper of general circulation in the | 11744 |
| county in which the seizure occurred. The notices shall be | 11745 |
| personally served, mailed, and first published at least four weeks | 11746 |
| before the hearing. They shall describe the property seized; state | 11747 |
| the date and place of seizure; name the law enforcement agency | 11748 |
| that seized the property and, if applicable, that is holding the | 11749 |
| property; list the time, date, and place of the hearing; and state | 11750 |
| that any person having an ownership or security interest in the | 11751 |
| property may contest the forfeiture. | 11752 |
| If the property seized was determined by the seizing law | 11753 |
| enforcement officer to be contraband because of its relationship | 11754 |
| to an underlying criminal offense or administrative violation, no | 11755 |
| forfeiture hearing shall be held under this section unless the | 11756 |
| person pleads guilty to or is convicted of the commission of, or | 11757 |
| an attempt or conspiracy to commit, the offense or a different | 11758 |
| offense arising out of the same facts and circumstances or unless | 11759 |
| the person admits or is adjudicated to have committed the | 11760 |
| administrative violation or a different violation arising out of | 11761 |
| the same facts and circumstances; a forfeiture hearing shall be | 11762 |
| held in a case of that nature no later than forty-five days after | 11763 |
| the conviction or the admission or adjudication of the violation, | 11764 |
| unless the time for the hearing is extended by the court for good | 11765 |
| cause shown. The owner of any property seized because of its | 11766 |
| relationship to an underlying criminal offense or administrative | 11767 |
| violation may request the court to release the property to the | 11768 |
| owner. Upon receipt of a request of that nature, if the court | 11769 |
| determines that the property is not needed as evidence in the | 11770 |
| underlying criminal case or administrative proceeding, the court | 11771 |
| may permit the release of the property to the owner. As a | 11772 |
| condition precedent to a release of that nature, the court may | 11773 |
| require the owner to execute a bond with the court. Any bond so | 11774 |
| required shall have sufficient sureties approved by the court, | 11775 |
| shall be in a sum equal to the value of the property, as | 11776 |
| determined by the court, and shall be conditioned upon the return | 11777 |
| of the property to the court if the property is forfeited under | 11778 |
| this section. Any property seized because of its relationship to | 11779 |
| an underlying criminal offense or administrative violation shall | 11780 |
| be returned to its owner if charges are not filed in relation to | 11781 |
| that underlying offense or violation within thirty days after the | 11782 |
| seizure, if charges of that nature are filed and subsequently are | 11783 |
| dismissed, or if charges of that nature are filed and the person | 11784 |
| charged does not plead guilty to and is not convicted of the | 11785 |
| offense or does not admit and is not found to have committed the | 11786 |
| violation. | 11787 |
| If the property seized was determined by the seizing law | 11788 |
| enforcement officer to be contraband other than because of a | 11789 |
| relationship to an underlying criminal offense or administrative | 11790 |
| violation, the forfeiture hearing under this section shall be held | 11791 |
| no later than forty-five days after the seizure, unless the time | 11792 |
| for the hearing is extended by the court for good cause shown. | 11793 |
| Where possible, a court holding a forfeiture hearing under | 11794 |
| this section shall follow the Rules of Civil Procedure. When a | 11795 |
| hearing is conducted under this section, property shall be | 11796 |
| forfeited upon a showing, by a preponderance of the evidence, by | 11797 |
| the petitioner that the person from which the property was seized | 11798 |
| was in violation of division (A) of section 2933.42 of the Revised | 11799 |
| Code. If that showing is made, the court shall issue an order of | 11800 |
| forfeiture. If an order of forfeiture is issued in relation to | 11801 |
| contraband that was released to the owner or the owner's agent | 11802 |
| pursuant to this division or division (B)(1) of this section, the | 11803 |
| order shall require the owner to deliver the property, by a | 11804 |
| specified date, to the law enforcement agency that employed the | 11805 |
| law enforcement officer who made the seizure of the property, and | 11806 |
| the court shall deliver a copy of the order to the owner or send a | 11807 |
| copy of it by certified mail, return receipt requested, to the | 11808 |
| owner at the address to which notice of the seizure was given | 11809 |
| under division (A)(2) of this section. Except as otherwise | 11810 |
| provided in this division, all rights, interest, and title to the | 11811 |
| forfeited contraband vests in the state, effective from the date | 11812 |
| of seizure. | 11813 |
| No property shall be forfeited pursuant to this division if | 11814 |
| the owner of the property establishes, by a preponderance of the | 11815 |
| evidence, that the owner neither knew, nor should have known after | 11816 |
| a reasonable inquiry, that the property was used, or was likely to | 11817 |
| be used, in a crime or administrative violation. No bona fide | 11818 |
| security interest shall be forfeited pursuant to this division if | 11819 |
| the holder of the interest establishes, by a preponderance of the | 11820 |
| evidence, that the holder of the interest neither knew, nor should | 11821 |
| have known after a reasonable inquiry, that the property was used, | 11822 |
| or likely to be used, in a crime or administrative violation, that | 11823 |
| the holder of the interest did not expressly or impliedly consent | 11824 |
| to the use of the property in a crime or administrative violation, | 11825 |
| and that the security interest was perfected pursuant to law prior | 11826 |
| to the seizure. If the holder of the interest satisfies the court | 11827 |
| that these requirements are met, the interest shall be preserved | 11828 |
| by the court. In a case of that nature, the court shall either | 11829 |
| order that the agency to which the property is forfeited reimburse | 11830 |
| the holder of the interest to the extent of the preserved interest | 11831 |
| or order that the holder be paid for the interest from the | 11832 |
| proceeds of any sale pursuant to division (D) of this section. | 11833 |
| (D)(1) Contraband ordered forfeited pursuant to this section | 11834 |
| shall be disposed of pursuant to divisions (D)(1) to (7) of | 11835 |
| section 2933.41 of the Revised Code or, if the contraband is not | 11836 |
| described in those divisions, may be used, with the approval of | 11837 |
| the court, by the law enforcement agency that has custody of the | 11838 |
| contraband pursuant to division (D)(8) of that section. In the | 11839 |
| case of contraband not described in any of those divisions and of | 11840 |
| contraband not disposed of pursuant to any of those divisions, the | 11841 |
| contraband shall be sold in accordance with this division or, in | 11842 |
| the case of forfeited moneys, disposed of in accordance with this | 11843 |
| division. If the contraband is to be sold, the prosecuting | 11844 |
| attorney shall cause a notice of the proposed sale of the | 11845 |
| contraband to be given in accordance with law, and the property | 11846 |
| shall be sold, without appraisal, at a public auction to the | 11847 |
| highest bidder for cash. The proceeds of a sale and forfeited | 11848 |
| moneys shall be applied in the following order: | 11849 |
| (a) First, to the payment of the costs incurred in connection | 11850 |
| with the seizure of, storage of, maintenance of, and provision of | 11851 |
| security for the contraband, the forfeiture proceeding, and, if | 11852 |
| any, the sale; | 11853 |
| (b) Second, the remaining proceeds or forfeited moneys after | 11854 |
| compliance with division (D)(1)(a) of this section, to the payment | 11855 |
| of the balance due on any security interest preserved pursuant to | 11856 |
| division (C) of this section; | 11857 |
| (c) Third, the remaining proceeds or forfeited moneys after | 11858 |
| compliance with divisions (D)(1)(a) and (b) of this section, as | 11859 |
| follows: | 11860 |
| (i) If the forfeiture was ordered in a juvenile court, ten | 11861 |
| per cent to one or more alcohol and drug addiction treatment | 11862 |
| programs that are certified by the department of alcohol and drug | 11863 |
| addiction services under section 3793.06 of the Revised Code and | 11864 |
| that are specified in the order of forfeiture. A juvenile court | 11865 |
| shall not certify an alcohol or drug addiction treatment program | 11866 |
| in the order of forfeiture unless the program is a certified | 11867 |
| alcohol and drug addiction treatment program and, except as | 11868 |
| provided in division (D)(1)(c)(i) of this section, unless the | 11869 |
| program is located in the county in which the court that orders | 11870 |
| the forfeiture is located or in a contiguous county. If no | 11871 |
| certified alcohol and drug addiction treatment program is located | 11872 |
| in any of those counties, the juvenile court may specify in the | 11873 |
| order a certified alcohol and drug addiction treatment program | 11874 |
| located anywhere within this state. | 11875 |
| (ii) If the forfeiture was ordered in a juvenile court, | 11876 |
| ninety per cent, and if the forfeiture was ordered in a court | 11877 |
| other than a juvenile court, one hundred per cent to the law | 11878 |
| enforcement trust fund of the prosecuting attorney and to the law | 11879 |
| enforcement trust fund of the county sheriff if the county sheriff | 11880 |
| made the seizure, to the law enforcement trust fund of a municipal | 11881 |
| corporation if its police department made the seizure, to the law | 11882 |
| enforcement trust fund of a township if the seizure was made by a | 11883 |
| township police department, township police district police force, | 11884 |
| or office of a township constable, to the law enforcement trust | 11885 |
| fund of a park district created pursuant to section 511.18 or | 11886 |
| 1545.01 of the Revised Code if the seizure was made by the park | 11887 |
| district police force or law enforcement department, to the | 11888 |
| highway patrol state contraband, forfeiture, and other fund if the | 11889 |
| state highway patrol made the seizure, to the department of public | 11890 |
| safety investigative unit contraband, forfeiture, and other fund | 11891 |
| if the investigative unit of the department of public safety made | 11892 |
| the seizure, to the department of taxation enforcement fund if the | 11893 |
| department of taxation made the seizure, to the board of pharmacy | 11894 |
| drug law enforcement fund created by division (B)(1) of section | 11895 |
| 4729.65 of the Revised Code if the board made the seizure, or to | 11896 |
| the treasurer of state for deposit into the peace officer training | 11897 |
| commission fund if a state law enforcement agency, other than the | 11898 |
| state highway patrol, the investigative unit of the department of | 11899 |
| public safety, the enforcement division of the department of | 11900 |
| taxation, or the state board of pharmacy, made the seizure. The | 11901 |
| prosecuting attorney may decline to accept any of the remaining | 11902 |
| proceeds or forfeited moneys, and, if the prosecuting attorney so | 11903 |
| declines, the remaining proceeds or forfeited moneys shall be | 11904 |
| applied to the fund described in this division that relates to the | 11905 |
| law enforcement agency that made the seizure. | 11906 |
| A law enforcement trust fund shall be established by the | 11907 |
| prosecuting attorney of each county who intends to receive any | 11908 |
| remaining proceeds or forfeited moneys pursuant to this division, | 11909 |
| by the sheriff of each county, by the legislative authority of | 11910 |
| each municipal corporation, by the board of township trustees of | 11911 |
| each township that has a township police department, township | 11912 |
| police district police force, or office of the constable, and by | 11913 |
| the board of park commissioners of each park district created | 11914 |
| pursuant to section 511.18 or 1545.01 of the Revised Code that has | 11915 |
| a park district police force or law enforcement department, for | 11916 |
| the purposes of this division. There is hereby created in the | 11917 |
| state treasury the highway patrol state contraband, forfeiture, | 11918 |
| and other fund, the department of public safety investigative unit | 11919 |
| contraband, forfeiture, and other fund, the department of taxation | 11920 |
| enforcement fund, and the peace officer training commission fund, | 11921 |
| for the purposes described in this division. | 11922 |
| Proceeds or forfeited moneys distributed to any municipal | 11923 |
| corporation, township, or park district law enforcement trust fund | 11924 |
| shall be allocated from the fund by the legislative authority only | 11925 |
| to the police department of the municipal corporation, by the | 11926 |
| board of township trustees only to the township police department, | 11927 |
| township police district police force, or office of the constable, | 11928 |
| and by the board of park commissioners only to the park district | 11929 |
| police force or law enforcement department. | 11930 |
| Additionally, no proceeds or forfeited moneys shall be | 11931 |
| allocated to or used by the state highway patrol, the department | 11932 |
| of public safety, the department of taxation, the state board of | 11933 |
| pharmacy, or a county sheriff, prosecuting attorney, municipal | 11934 |
| corporation police department, township police department, | 11935 |
| township police district police force, office of the constable, or | 11936 |
| park district police force or law enforcement department unless | 11937 |
| the state highway patrol, department of public safety, department | 11938 |
| of taxation, state board of pharmacy, sheriff, prosecuting | 11939 |
| attorney, municipal corporation police department, township police | 11940 |
| department, township police district police force, office of the | 11941 |
| constable, or park district police force or law enforcement | 11942 |
| department has adopted a written internal control policy under | 11943 |
| division (D)(3) of this section that addresses the use of moneys | 11944 |
| received from the highway patrol state contraband, forfeiture, and | 11945 |
| other fund, the department of public safety investigative unit | 11946 |
| contraband, forfeiture, and other fund, the department of taxation | 11947 |
| enforcement fund, the board of pharmacy drug law enforcement fund, | 11948 |
| or the appropriate law enforcement trust fund. | 11949 |
| The highway patrol state contraband, forfeiture, and other | 11950 |
| fund, the department of public safety investigative unit | 11951 |
| contraband, forfeiture, and other fund, the department of taxation | 11952 |
| enforcement fund, and a law enforcement trust fund shall be | 11953 |
| expended only in accordance with the written internal control | 11954 |
| policy so adopted by the recipient, and, subject to the | 11955 |
| requirements specified in division (D)(3)(a)(ii) of this section, | 11956 |
| only to pay the costs of protracted or complex investigations or | 11957 |
| prosecutions, to provide reasonable technical training or | 11958 |
| expertise, to provide matching funds to obtain federal grants to | 11959 |
| aid law enforcement, in the support of DARE programs or other | 11960 |
| programs designed to educate adults or children with respect to | 11961 |
| the dangers associated with the use of drugs of abuse, to pay the | 11962 |
| costs of emergency action taken under section 3745.13 of the | 11963 |
| Revised Code relative to the operation of an illegal | 11964 |
| methamphetamine laboratory if the forfeited property or money | 11965 |
| involved was that of a person responsible for the operation of the | 11966 |
| laboratory, or for other law enforcement purposes that the | 11967 |
| superintendent of the state highway patrol, department of public | 11968 |
| safety, department of taxation, prosecuting attorney, county | 11969 |
| sheriff, legislative authority, board of township trustees, or | 11970 |
| board of park commissioners determines to be appropriate. The | 11971 |
| board of pharmacy drug law enforcement fund shall be expended only | 11972 |
| in accordance with the written internal control policy so adopted | 11973 |
| by the board and only in accordance with section 4729.65 of the | 11974 |
| Revised Code, except that it also may be expended to pay the costs | 11975 |
| of emergency action taken under section 3745.13 of the Revised | 11976 |
| Code relative to the operation of an illegal methamphetamine | 11977 |
| laboratory if the forfeited property or money involved was that of | 11978 |
| a person responsible for the operation of the laboratory. The | 11979 |
| highway patrol state contraband, forfeiture, and other fund, the | 11980 |
| department of public safety investigative unit contraband, | 11981 |
| forfeiture, and other fund, the department of taxation enforcement | 11982 |
| fund, the board of pharmacy drug law enforcement fund, and a law | 11983 |
| enforcement trust fund shall not be used to meet the operating | 11984 |
| costs of the state highway patrol, of the investigative unit of | 11985 |
| the department of public safety, of the department of taxation | 11986 |
| enforcement division, of the state board of pharmacy, of any | 11987 |
| political subdivision, or of any office of a prosecuting attorney | 11988 |
| or county sheriff that are unrelated to law enforcement. | 11989 |
| Proceeds and forfeited moneys that are paid into the state | 11990 |
| treasury to be deposited into the peace officer training | 11991 |
| commission fund shall be used by the commission only to pay the | 11992 |
| costs of peace officer training. | 11993 |
| Any sheriff or prosecuting attorney who receives proceeds or | 11994 |
| forfeited moneys pursuant to this division during any calendar | 11995 |
| year shall file a report with the county auditor, no later than | 11996 |
| the thirty-first day of January of the next calendar year, | 11997 |
| verifying that the proceeds and forfeited moneys were expended | 11998 |
| only for the purposes authorized by this division and division | 11999 |
| (D)(3)(a)(ii) of this section and specifying the amounts expended | 12000 |
| for each authorized purpose. Any municipal corporation police | 12001 |
| department that is allocated proceeds or forfeited moneys from a | 12002 |
| municipal corporation law enforcement trust fund pursuant to this | 12003 |
| division during any calendar year shall file a report with the | 12004 |
| legislative authority of the municipal corporation, no later than | 12005 |
| the thirty-first day of January of the next calendar year, | 12006 |
| verifying that the proceeds and forfeited moneys were expended | 12007 |
| only for the purposes authorized by this division and division | 12008 |
| (D)(3)(a)(ii) of this section and specifying the amounts expended | 12009 |
| for each authorized purpose. Any township police department, | 12010 |
| township police district police force, or office of the constable | 12011 |
| that is allocated proceeds or forfeited moneys from a township law | 12012 |
| enforcement trust fund pursuant to this division during any | 12013 |
| calendar year shall file a report with the board of township | 12014 |
| trustees of the township, no later than the thirty-first day of | 12015 |
| January of the next calendar year, verifying that the proceeds and | 12016 |
| forfeited moneys were expended only for the purposes authorized by | 12017 |
| this division and division (D)(3)(a)(ii) of this section and | 12018 |
| specifying the amounts expended for each authorized purpose. Any | 12019 |
| park district police force or law enforcement department that is | 12020 |
| allocated proceeds or forfeited moneys from a park district law | 12021 |
| enforcement trust fund pursuant to this division during any | 12022 |
| calendar year shall file a report with the board of park | 12023 |
| commissioners of the park district, no later than the thirty-first | 12024 |
| day of January of the next calendar year, verifying that the | 12025 |
| proceeds and forfeited moneys were expended only for the purposes | 12026 |
| authorized by this division and division (D)(3)(a)(ii) of this | 12027 |
| section and specifying the amounts expended for each authorized | 12028 |
| purpose. The superintendent of the state highway patrol shall file | 12029 |
| a report with the attorney general, no later than the thirty-first | 12030 |
| day of January of each calendar year, verifying that proceeds and | 12031 |
| forfeited moneys paid into the highway patrol state contraband, | 12032 |
| forfeiture, and other fund pursuant to this division during the | 12033 |
| prior calendar year were used by the state highway patrol during | 12034 |
| the prior calendar year only for the purposes authorized by this | 12035 |
| division and specifying the amounts expended for each authorized | 12036 |
| purpose. The executive director of the state board of pharmacy | 12037 |
| shall file a report with the attorney general, no later than the | 12038 |
| thirty-first day of January of each calendar year, verifying that | 12039 |
| proceeds and forfeited moneys paid into the board of pharmacy drug | 12040 |
| law enforcement fund during the prior calendar year were used only | 12041 |
| in accordance with section 4729.65 of the Revised Code and | 12042 |
| specifying the amounts expended for each authorized purpose. The | 12043 |
| peace officer training commission shall file a report with the | 12044 |
| attorney general, no later than the thirty-first day of January of | 12045 |
| each calendar year, verifying that proceeds and forfeited moneys | 12046 |
| paid into the peace officer training commission fund pursuant to | 12047 |
| this division during the prior calendar year were used by the | 12048 |
| commission during the prior calendar year only to pay the costs of | 12049 |
| peace officer training and specifying the amount used for that | 12050 |
| purpose. | 12051 |
| The tax commissioner shall file a report with the attorney | 12052 |
| general, not later than the thirty-first day of January of each | 12053 |
| calendar year, verifying that proceeds and forfeited moneys paid | 12054 |
| into the department of taxation enforcement fund pursuant to this | 12055 |
| division during the prior calendar year were used by the | 12056 |
| enforcement division during the prior calendar year to pay only | 12057 |
| the costs of enforcing the tax laws and specifying the amount used | 12058 |
| for that purpose. | 12059 |
| (2) If more than one law enforcement agency is substantially | 12060 |
| involved in the seizure of contraband that is forfeited pursuant | 12061 |
| to this section, the court ordering the forfeiture shall equitably | 12062 |
| divide the proceeds or forfeited moneys, after calculating any | 12063 |
| distribution to the law enforcement trust fund of the prosecuting | 12064 |
| attorney pursuant to division (D)(1)(c) of this section, among any | 12065 |
| county sheriff whose office is determined by the court to be | 12066 |
| substantially involved in the seizure, any legislative authority | 12067 |
| of a municipal corporation whose police department is determined | 12068 |
| by the court to be substantially involved in the seizure, any | 12069 |
| board of township trustees whose law enforcement agency is | 12070 |
| determined by the court to be substantially involved in the | 12071 |
| seizure, any board of park commissioners of a park district whose | 12072 |
| police force or law enforcement department is determined by the | 12073 |
| court to be substantially involved in the seizure, the state board | 12074 |
| of pharmacy if it is determined by the court to be substantially | 12075 |
| involved in the seizure, the investigative unit of the department | 12076 |
| of public safety if it is determined by the court to be | 12077 |
| substantially involved in the seizure, the enforcement division of | 12078 |
| the department of taxation if it is determined by the court to be | 12079 |
| substantially involved in the seizure and the state highway patrol | 12080 |
| if it is determined by the court to be substantially involved in | 12081 |
| the seizure. The proceeds or forfeited moneys shall be deposited | 12082 |
| in the respective law enforcement trust funds of the county | 12083 |
| sheriff, municipal corporation, township, and park district, the | 12084 |
| board of pharmacy drug law enforcement fund, the department of | 12085 |
| public safety investigative unit contraband, forfeiture, and other | 12086 |
| fund, the department of taxation enforcement fund, or the highway | 12087 |
| patrol state contraband, forfeiture, and other fund, in accordance | 12088 |
| with division (D)(1)(c) of this section. If a state law | 12089 |
| enforcement agency, other than the state highway patrol, the | 12090 |
| investigative unit of the department of public safety, the | 12091 |
| department of taxation, or the state board of pharmacy, is | 12092 |
| determined by the court to be substantially involved in the | 12093 |
| seizure, the state agency's equitable share of the proceeds and | 12094 |
| forfeited moneys shall be paid to the treasurer of state for | 12095 |
| deposit into the peace officer training commission fund. | 12096 |
| (3)(a)(i) Prior to being allocated or using any proceeds or | 12097 |
| forfeited moneys out of the highway patrol state contraband, | 12098 |
| forfeiture, and other fund, the department of public safety | 12099 |
| investigative unit contraband, forfeiture, and other fund, the | 12100 |
| department of taxation enforcement fund, the board of pharmacy | 12101 |
| drug law enforcement fund, or a law enforcement trust fund under | 12102 |
| division (D)(1)(c) of this section, the state highway patrol, the | 12103 |
| department of public safety, the department of taxation, the state | 12104 |
| board of pharmacy, and a county sheriff, prosecuting attorney, | 12105 |
| municipal corporation police department, township police | 12106 |
| department, township police district police force, office of the | 12107 |
| constable, or park district police force or law enforcement | 12108 |
| department shall adopt a written internal control policy that | 12109 |
| addresses the state highway patrol's, department of public | 12110 |
| safety's, department of taxation's, state board of pharmacy's, | 12111 |
| sheriff's, prosecuting attorney's, police department's, police | 12112 |
| force's, office of the constable's, or law enforcement | 12113 |
| department's use and disposition of all the proceeds and forfeited | 12114 |
| moneys received and that provides for the keeping of detailed | 12115 |
| financial records of the receipts of the proceeds and forfeited | 12116 |
| moneys, the general types of expenditures made out of the proceeds | 12117 |
| and forfeited moneys, the specific amount of each general type of | 12118 |
| expenditure, and the amounts, portions, and programs described in | 12119 |
| division (D)(3)(a)(ii) of this section. The policy shall not | 12120 |
| provide for or permit the identification of any specific | 12121 |
| expenditure that is made in an ongoing investigation. | 12122 |
| All financial records of the receipts of the proceeds and | 12123 |
| forfeited moneys, the general types of expenditures made out of | 12124 |
| the proceeds and forfeited moneys, the specific amount of each | 12125 |
| general type of expenditure by the state highway patrol, by the | 12126 |
| department of public safety, by the department of taxation, by the | 12127 |
| state board of pharmacy, and by a sheriff, prosecuting attorney, | 12128 |
| municipal corporation police department, township police | 12129 |
| department, township police district police force, office of the | 12130 |
| constable, or park district police force or law enforcement | 12131 |
| department, and the amounts, portions, and programs described in | 12132 |
| division (D)(3)(a)(ii) of this section are public records open for | 12133 |
| inspection under section 149.43 of the Revised Code. Additionally, | 12134 |
| a written internal control policy adopted under this division is a | 12135 |
| public record of that nature, and the state highway patrol, the | 12136 |
| department of public safety, the department of taxation, the state | 12137 |
| board of pharmacy, or the sheriff, prosecuting attorney, municipal | 12138 |
| corporation police department, township police department, | 12139 |
| township police district police force, office of the constable, or | 12140 |
| park district police force or law enforcement department that | 12141 |
| adopted it shall comply with it. | 12142 |
| (ii) The written internal control policy of a county sheriff, | 12143 |
| prosecuting attorney, municipal corporation police department, | 12144 |
| township police department, township police district police force, | 12145 |
| office of the constable, or park district police force or law | 12146 |
| enforcement department shall provide that at least ten per cent of | 12147 |
| the first one hundred thousand dollars of proceeds and forfeited | 12148 |
| moneys deposited during each calendar year in the sheriff's, | 12149 |
| prosecuting attorney's, municipal corporation's, township's, or | 12150 |
| park district's law enforcement trust fund pursuant to division | 12151 |
| (B)(7)(c)(ii) of section 2923.46 or division (B)(8)(c)(ii) of | 12152 |
| section 2925.44 of the Revised Code, and at least twenty per cent | 12153 |
| of the proceeds and forfeited moneys exceeding one hundred | 12154 |
| thousand dollars that are so deposited, shall be used in | 12155 |
| connection with community preventive education programs. The | 12156 |
| manner in which the described percentages are so used shall be | 12157 |
| determined by the sheriff, prosecuting attorney, department, | 12158 |
| police force, or office of the constable after the receipt and | 12159 |
| consideration of advice on appropriate community preventive | 12160 |
| education programs from the county's board of alcohol, drug | 12161 |
| addiction, and mental health services, from the county's alcohol | 12162 |
| and drug addiction services board, or through appropriate | 12163 |
| community dialogue. The financial records described in division | 12164 |
| (D)(3)(a)(i) of this section shall specify the amount of the | 12165 |
| proceeds and forfeited moneys deposited during each calendar year | 12166 |
| in the sheriff's, prosecuting attorney's, municipal corporation's, | 12167 |
| township's, or park district's law enforcement trust fund pursuant | 12168 |
| to division (B)(7)(c)(ii) of section 2923.46 or division | 12169 |
| (B)(8)(c)(ii) of section 2925.44 of the Revised Code, the portion | 12170 |
| of that amount that was used pursuant to the requirements of this | 12171 |
| division, and the community preventive education programs in | 12172 |
| connection with which the portion of that amount was so used. | 12173 |
| As used in this division, "community preventive education | 12174 |
| programs" includes, but is not limited to, DARE programs and other | 12175 |
| programs designed to educate adults or children with respect to | 12176 |
| the dangers associated with the use of drugs of abuse. | 12177 |
| (b) Each sheriff, prosecuting attorney, municipal corporation | 12178 |
| police department, township police department, township police | 12179 |
| district police force, office of the constable, or park district | 12180 |
| police force or law enforcement department that receives in any | 12181 |
| calendar year any proceeds or forfeited moneys out of a law | 12182 |
| enforcement trust fund under division (D)(1)(c) of this section or | 12183 |
| uses any proceeds or forfeited moneys in its law enforcement trust | 12184 |
| fund in any calendar year shall prepare a report covering the | 12185 |
| calendar year that cumulates all of the information contained in | 12186 |
| all of the public financial records kept by the sheriff, | 12187 |
| prosecuting attorney, municipal corporation police department, | 12188 |
| township police department, township police district police force, | 12189 |
| office of the constable, or park district police force or law | 12190 |
| enforcement department pursuant to division (D)(3)(a) of this | 12191 |
| section for that calendar year, and shall send a copy of the | 12192 |
| cumulative report, no later than the first day of March in the | 12193 |
| calendar year following the calendar year covered by the report, | 12194 |
| to the attorney general. | 12195 |
| The superintendent of the state highway patrol shall prepare | 12196 |
| a report covering each calendar year in which the state highway | 12197 |
| patrol uses any proceeds or forfeited moneys in the highway | 12198 |
| patrol state contraband, forfeiture, and other fund under division | 12199 |
| (D)(1)(c) of this section, that cumulates all of the information | 12200 |
| contained in all of the public financial records kept by the state | 12201 |
| highway patrol pursuant to division (D)(3)(a) of this section for | 12202 |
| that calendar year, and shall send a copy of the cumulative | 12203 |
| report, no later than the first day of March in the calendar year | 12204 |
| following the calendar year covered by the report, to the attorney | 12205 |
| general. | 12206 |
| The department of public safety shall prepare a report | 12207 |
| covering each fiscal year in which the department uses any | 12208 |
| proceeds or forfeited moneys in the department of public safety | 12209 |
| investigative unit contraband, forfeiture, and other fund under | 12210 |
| division (D)(1)(c) of this section that cumulates all of the | 12211 |
| information contained in all of the public financial records kept | 12212 |
| by the department pursuant to division (D)(3)(a) of this section | 12213 |
| for that fiscal year. The department shall send a copy of the | 12214 |
| cumulative report to the attorney general no later than the first | 12215 |
| day of August in the fiscal year following the fiscal year covered | 12216 |
| by the report. The director of public safety shall include in the | 12217 |
| report a verification that proceeds and forfeited moneys paid into | 12218 |
| the department of public safety investigative unit contraband, | 12219 |
| forfeiture, and other fund under division (D)(1)(c) of this | 12220 |
| section during the preceding fiscal year were used by the | 12221 |
| department during that fiscal year only for the purposes | 12222 |
| authorized by that division and shall specify the amount used for | 12223 |
| each authorized purpose. | 12224 |
| The tax commissioner shall prepare a report covering each | 12225 |
| calendar year in which the department of taxation enforcement | 12226 |
| division uses any proceeds or forfeited moneys in the department | 12227 |
| of taxation enforcement fund under division (D)(1)(c) of this | 12228 |
| section, that cumulates all of the information contained in all of | 12229 |
| the public financial records kept by the department of taxation | 12230 |
| enforcement division pursuant to division (D)(3)(a) of this | 12231 |
| section for that calendar year, and shall send a copy of the | 12232 |
| cumulative report, not later than the first day of March in the | 12233 |
| calendar year following the calendar year covered by the report, | 12234 |
| to the attorney general. | 12235 |
| The executive director of the state board of pharmacy shall | 12236 |
| prepare a report covering each calendar year in which the board | 12237 |
| uses any proceeds or forfeited moneys in the board of pharmacy | 12238 |
| drug law enforcement fund under division (D)(1)(c) of this | 12239 |
| section, that cumulates all of the information contained in all of | 12240 |
| the public financial records kept by the board pursuant to | 12241 |
| division (D)(3)(a) of this section for that calendar year, and | 12242 |
| shall send a copy of the cumulative report, no later than the | 12243 |
| first day of March in the calendar year following the calendar | 12244 |
| year covered by the report, to the attorney general. Each report | 12245 |
| received by the attorney general is a public record open for | 12246 |
| inspection under section 149.43 of the Revised Code. Not later | 12247 |
| than the fifteenth day of April in the calendar year in which the | 12248 |
| reports are received, the attorney general shall send to the | 12249 |
| president of the senate and the speaker of the house of | 12250 |
| representatives a written notification that does all of the | 12251 |
| following: | 12252 |
| (i) Indicates that the attorney general has received from | 12253 |
| entities or persons specified in this division reports of the type | 12254 |
| described in this division that cover the previous calendar year | 12255 |
| and indicates that the reports were received under this division; | 12256 |
| (ii) Indicates that the reports are open for inspection under | 12257 |
| section 149.43 of the Revised Code; | 12258 |
| (iii) Indicates that the attorney general will provide a copy | 12259 |
| of any or all of the reports to the president of the senate or the | 12260 |
| speaker of the house of representatives upon request. | 12261 |
| (4)(a) A law enforcement agency that receives pursuant to | 12262 |
| federal law proceeds from a sale of forfeited contraband, proceeds | 12263 |
| from another disposition of forfeited contraband, or forfeited | 12264 |
| contraband moneys shall deposit, use, and account for the proceeds | 12265 |
| or forfeited moneys in accordance with, and otherwise comply with, | 12266 |
| the applicable federal law. | 12267 |
| (b)(i) If the state highway patrol receives from the United | 12268 |
| States department of justice pursuant to federal law proceeds from | 12269 |
| a sale of forfeited contraband, proceeds from another disposition | 12270 |
| of forfeited contraband, or forfeited contraband moneys, the | 12271 |
| appropriate governmental officials shall deposit the proceeds into | 12272 |
| the highway patrol | 12273 |
| justice contraband fund, which is hereby created in the state | 12274 |
| treasury. All interest or other earnings derived from the | 12275 |
| investment of the proceeds or forfeited moneys shall be credited | 12276 |
| to the fund. The state highway patrol shall use and account for | 12277 |
| that interest or other earnings in accordance with the applicable | 12278 |
| federal law. | 12279 |
| (ii) If the state highway patrol receives from the United | 12280 |
| States department of the treasury pursuant to federal law proceeds | 12281 |
| from a sale of forfeited contraband, proceeds from another | 12282 |
| disposition of forfeited contraband, or forfeited contraband | 12283 |
| moneys, the appropriate governmental officials shall deposit the | 12284 |
| proceeds into the highway patrol treasury contraband fund, which | 12285 |
| is hereby created in the state treasury. All interest or other | 12286 |
| earnings derived from the investment of the proceeds or forfeited | 12287 |
| moneys shall be credited to the fund. The state highway patrol | 12288 |
| shall use and account for that interest or other earnings in | 12289 |
| accordance with the applicable federal law. | 12290 |
| (c) If the investigative unit of the department of public | 12291 |
| safety receives pursuant to federal law proceeds from a sale of | 12292 |
| forfeited contraband, proceeds from another disposition of | 12293 |
| forfeited contraband, or forfeited contraband moneys, the | 12294 |
| appropriate governmental officials shall deposit the proceeds into | 12295 |
| the department of public safety investigative unit federal | 12296 |
| equitable share account fund, which is hereby created in the state | 12297 |
| treasury. All interest or other earnings derived from the | 12298 |
| investment of the proceeds or forfeited moneys shall be credited | 12299 |
| to the fund. The department shall use and account for that | 12300 |
| interest or other earnings in accordance with the applicable | 12301 |
| federal law. | 12302 |
| (d) If the tax commissioner receives pursuant to federal law | 12303 |
| proceeds from a sale of forfeited contraband, proceeds from | 12304 |
| another disposition of forfeited contraband, or forfeited | 12305 |
| contraband moneys, the appropriate governmental officials shall | 12306 |
| deposit into the department of taxation enforcement fund all | 12307 |
| interest or other earnings derived from the investment of the | 12308 |
| proceeds or forfeited moneys. The department shall use and account | 12309 |
| for that interest or other earnings in accordance with the | 12310 |
| applicable federal law. | 12311 |
| (e) Divisions (D)(1) to (3) of this section do not apply to | 12312 |
| proceeds or forfeited moneys received pursuant to federal law or | 12313 |
| to the interest or other earnings that are derived from the | 12314 |
| investment of proceeds or forfeited moneys received pursuant to | 12315 |
| federal law and that are described in division (D)(4)(b) of this | 12316 |
| section. | 12317 |
| (E) Upon the sale pursuant to this section of any property | 12318 |
| that is required to be titled or registered under law, the state | 12319 |
| shall issue an appropriate certificate of title or registration to | 12320 |
| the purchaser. If the state is vested with title pursuant to | 12321 |
| division (C) of this section and elects to retain property that is | 12322 |
| required to be titled or registered under law, the state shall | 12323 |
| issue an appropriate certificate of title or registration. | 12324 |
| (F) Notwithstanding any provisions of this section to the | 12325 |
| contrary, any property that is lawfully seized in relation to a | 12326 |
| violation of section 2923.32 of the Revised Code shall be subject | 12327 |
| to forfeiture and disposition in accordance with sections 2923.32 | 12328 |
| to 2923.36 of the Revised Code; any property that is forfeited | 12329 |
| pursuant to section 2923.44 or 2923.45 of the Revised Code in | 12330 |
| relation to a violation of section 2923.42 of the Revised Code or | 12331 |
| in relation to an act of a juvenile that is a violation of section | 12332 |
| 2923.42 of the Revised Code may be subject to forfeiture and | 12333 |
| disposition in accordance with sections 2923.44 to 2923.47 of the | 12334 |
| Revised Code; and any property that is forfeited pursuant to | 12335 |
| section 2925.42 or 2925.43 of the Revised Code in relation to a | 12336 |
| felony drug abuse offense, as defined in section 2925.01 of the | 12337 |
| Revised Code, or in relation to an act that, if committed by an | 12338 |
| adult, would be a felony drug abuse offense of that nature, may be | 12339 |
| subject to forfeiture and disposition in accordance with sections | 12340 |
| 2925.41 to 2925.45 of the Revised Code or this section. | 12341 |
| (G) Any failure of a law enforcement officer or agency, a | 12342 |
| prosecuting attorney, village solicitor, city director of law, or | 12343 |
| similar chief legal officer, a court, or the attorney general to | 12344 |
| comply with any duty imposed by this section in relation to any | 12345 |
| property seized or with any other provision of this section in | 12346 |
| relation to any property seized does not affect the validity of | 12347 |
| the seizure of the property, provided the seizure itself was made | 12348 |
| in accordance with law, and is not and shall not be considered to | 12349 |
| be the basis for the suppression of any evidence resulting from | 12350 |
| the seizure of the property, provided the seizure itself was made | 12351 |
| in accordance with law. | 12352 |
| (H) Contraband that has been forfeited pursuant to division | 12353 |
| (C) of this section shall not be available for use to pay any fine | 12354 |
| imposed upon a person who is convicted of or pleads guilty to an | 12355 |
| underlying criminal offense or a different offense arising out of | 12356 |
| the same facts and circumstances. | 12357 |
| Sec. 3109.14. (A) As used in this section, "birth record" | 12358 |
| and "certification of birth" have the meanings given in section | 12359 |
| 3705.01 of the Revised Code. | 12360 |
| (B)(1) The director of health, a person authorized by the | 12361 |
| director, a local commissioner of health, or a local registrar of | 12362 |
| vital statistics shall charge and collect a fee for each certified | 12363 |
| copy of a birth record, for each certification of birth, and for | 12364 |
|
each copy of a death record. | 12365 |
| 12366 | |
| three dollars. The fee is in addition to the fee imposed by | 12367 |
| section 3705.24 or any other section of the Revised Code. A local | 12368 |
| commissioner of health or a local registrar of vital statistics | 12369 |
| may retain an amount of each additional fee collected, not to | 12370 |
| exceed three per cent of the amount of the additional fee, to be | 12371 |
| used for costs directly related to the collection of the fee and | 12372 |
| the forwarding of the fee to the treasurer of state. The | 12373 |
| additional fees collected, but not retained, under division (B)(1) | 12374 |
| of this section shall be forwarded to the treasurer of state not | 12375 |
| later than thirty days following the end of each quarter. | 12376 |
| (2) Upon the filing for a divorce decree under section | 12377 |
| 3105.10 or a decree of dissolution under section 3105.65 of the | 12378 |
| Revised Code, a court of common pleas shall charge and collect a | 12379 |
|
fee. | 12380 |
| 12381 | |
| fee is in addition to any other court costs or fees. The county | 12382 |
| clerk of courts may retain an amount of each additional fee | 12383 |
| collected, not to exceed three per cent of the amount of the | 12384 |
| additional fee, to be used for costs directly related to the | 12385 |
| collection of the fee and the forwarding of the fee to the | 12386 |
| treasurer of state. The additional fees collected, but not | 12387 |
| retained, under division (B)(2) of this section shall be forwarded | 12388 |
| to the treasurer of state not later than twenty days following the | 12389 |
| end of each month. | 12390 |
| (C) The | 12391 |
| 12392 | |
| 12393 | |
|
of
state | 12394 |
| in the state treasury to the credit of the children's trust fund, | 12395 |
| which is hereby created. A person or government entity that fails | 12396 |
| to forward the fees in a timely manner, as determined by the | 12397 |
| treasurer of state, shall forward to the treasurer of state, in | 12398 |
| addition to the fees, a penalty equal to ten per cent of the fees. | 12399 |
| The treasurer of state shall invest the moneys in the fund, | 12400 |
| and all earnings resulting from investment of the fund shall be | 12401 |
| credited to the fund, except that actual administrative costs | 12402 |
| incurred by the treasurer of state in administering the fund may | 12403 |
| be deducted from the earnings resulting from investments. The | 12404 |
| amount that may be deducted shall not exceed three per cent of the | 12405 |
| total amount of fees credited to the fund in each fiscal year, | 12406 |
| except that the children's trust fund board may approve an amount | 12407 |
| for actual administrative costs exceeding three per cent but not | 12408 |
| exceeding four per cent of such amount. The balance of the | 12409 |
| investment earnings shall be credited to the fund. Moneys credited | 12410 |
| to the fund shall be used only for the purposes described in | 12411 |
| sections 3109.13 to 3109.18 of the Revised Code. | 12412 |
| Sec. 3301.0714. (A) The state board of education shall adopt | 12413 |
| rules for a statewide education management information system. The | 12414 |
| rules shall require the state board to establish guidelines for | 12415 |
| the establishment and maintenance of the system in accordance with | 12416 |
| this section and the rules adopted under this section. The | 12417 |
| guidelines shall include: | 12418 |
| (1) Standards identifying and defining the types of data in | 12419 |
| the system in accordance with divisions (B) and (C) of this | 12420 |
| section; | 12421 |
| (2) Procedures for annually collecting and reporting the data | 12422 |
| to the state board in accordance with division (D) of this | 12423 |
| section; | 12424 |
| (3) Procedures for annually compiling the data in accordance | 12425 |
| with division (G) of this section; | 12426 |
| (4) Procedures for annually reporting the data to the public | 12427 |
| in accordance with division (H) of this section. | 12428 |
| (B) The guidelines adopted under this section shall require | 12429 |
| the data maintained in the education management information system | 12430 |
| to include at least the following: | 12431 |
| (1) Student participation and performance data, for each | 12432 |
| grade in each school district as a whole and for each grade in | 12433 |
| each school building in each school district, that includes: | 12434 |
| (a) The numbers of students receiving each category of | 12435 |
| instructional service offered by the school district, such as | 12436 |
| regular education instruction, vocational education instruction, | 12437 |
| specialized instruction programs or enrichment instruction that is | 12438 |
| part of the educational curriculum, instruction for gifted | 12439 |
| students, instruction for handicapped students, and remedial | 12440 |
| instruction. The guidelines shall require instructional services | 12441 |
| under this division to be divided into discrete categories if an | 12442 |
| instructional service is limited to a specific subject, a specific | 12443 |
| type of student, or both, such as regular instructional services | 12444 |
| in mathematics, remedial reading instructional services, | 12445 |
| instructional services specifically for students gifted in | 12446 |
| mathematics or some other subject area, or instructional services | 12447 |
| for students with a specific type of handicap. The categories of | 12448 |
| instructional services required by the guidelines under this | 12449 |
| division shall be the same as the categories of instructional | 12450 |
| services used in determining cost units pursuant to division | 12451 |
| (C)(3) of this section. | 12452 |
| (b) The numbers of students receiving support or | 12453 |
| extracurricular services for each of the support services or | 12454 |
| extracurricular programs offered by the school district, such as | 12455 |
| counseling services, health services, and extracurricular sports | 12456 |
| and fine arts programs. The categories of services required by the | 12457 |
| guidelines under this division shall be the same as the categories | 12458 |
| of services used in determining cost units pursuant to division | 12459 |
| (C)(4)(a) of this section. | 12460 |
| (c) Average student grades in each subject in grades nine | 12461 |
| through twelve; | 12462 |
| (d) Academic achievement levels as assessed by the testing of | 12463 |
| student achievement under sections 3301.0710 and 3301.0711 of the | 12464 |
| Revised Code; | 12465 |
| (e) The number of students designated as having a | 12466 |
| handicapping condition pursuant to division (C)(1) of section | 12467 |
| 3301.0711 of the Revised Code; | 12468 |
| (f) The numbers of students reported to the state board | 12469 |
| pursuant to division (C)(2) of section 3301.0711 of the Revised | 12470 |
| Code; | 12471 |
| (g) Attendance rates and the average daily attendance for the | 12472 |
| year. For purposes of this division, a student shall be counted as | 12473 |
| present for any field trip that is approved by the school | 12474 |
| administration. | 12475 |
| (h) Expulsion rates; | 12476 |
| (i) Suspension rates; | 12477 |
| (j) The percentage of students receiving corporal punishment; | 12478 |
| (k) Dropout rates; | 12479 |
| (l) Rates of retention in grade; | 12480 |
| (m) For pupils in grades nine through twelve, the average | 12481 |
| number of carnegie units, as calculated in accordance with state | 12482 |
| board of education rules; | 12483 |
| (n) Graduation rates, to be calculated in a manner specified | 12484 |
| by the department of education that reflects the rate at which | 12485 |
| students who were in the ninth grade three years prior to the | 12486 |
| current year complete school and that is consistent with | 12487 |
| nationally accepted reporting requirements; | 12488 |
| (o) Results of diagnostic assessments administered to | 12489 |
| kindergarten students as required under section 3301.0715 of the | 12490 |
| Revised Code to permit a comparison of the academic readiness of | 12491 |
| kindergarten students. However, no district shall be required to | 12492 |
| report to the department the results of any diagnostic assessment | 12493 |
| administered to a kindergarten student if the parent of that | 12494 |
| student requests the district not to report those results. | 12495 |
| (2) Personnel and classroom enrollment data for each school | 12496 |
| district, including: | 12497 |
| (a) The total numbers of licensed employees and nonlicensed | 12498 |
| employees and the numbers of full-time equivalent licensed | 12499 |
| employees and nonlicensed employees providing each category of | 12500 |
| instructional service, instructional support service, and | 12501 |
| administrative support service used pursuant to division (C)(3) of | 12502 |
| this section. The guidelines adopted under this section shall | 12503 |
| require these categories of data to be maintained for the school | 12504 |
| district as a whole and, wherever applicable, for each grade in | 12505 |
| the school district as a whole, for each school building as a | 12506 |
| whole, and for each grade in each school building. | 12507 |
| (b) The total number of employees and the number of full-time | 12508 |
| equivalent employees providing each category of service used | 12509 |
| pursuant to divisions (C)(4)(a) and (b) of this section, and the | 12510 |
| total numbers of licensed employees and nonlicensed employees and | 12511 |
| the numbers of full-time equivalent licensed employees and | 12512 |
| nonlicensed employees providing each category used pursuant to | 12513 |
| division (C)(4)(c) of this section. The guidelines adopted under | 12514 |
| this section shall require these categories of data to be | 12515 |
| maintained for the school district as a whole and, wherever | 12516 |
| applicable, for each grade in the school district as a whole, for | 12517 |
| each school building as a whole, and for each grade in each school | 12518 |
| building. | 12519 |
| (c) The total number of regular classroom teachers teaching | 12520 |
| classes of regular education and the average number of pupils | 12521 |
| enrolled in each such class, in each of grades kindergarten | 12522 |
| through five in the district as a whole and in each school | 12523 |
| building in the school district. | 12524 |
| (d) The number of master teachers employed by each school | 12525 |
| district and each school building, once a definition of master | 12526 |
| teacher has been developed by the educator standards board | 12527 |
| pursuant to section 3319.61 of the Revised Code. | 12528 |
| (3)(a) Student demographic data for each school district, | 12529 |
| including information regarding the gender ratio of the school | 12530 |
| district's pupils, the racial make-up of the school district's | 12531 |
| pupils, the number of limited English proficient students in the | 12532 |
| district, and an appropriate measure of the number of the school | 12533 |
| district's pupils who reside in economically disadvantaged | 12534 |
| households. The demographic data shall be collected in a manner to | 12535 |
| allow correlation with data collected under division (B)(1) of | 12536 |
| this section. Categories for data collected pursuant to division | 12537 |
| (B)(3) of this section shall conform, where appropriate, to | 12538 |
| standard practices of agencies of the federal government. | 12539 |
| (b) With respect to each student entering kindergarten, | 12540 |
| whether the student previously participated in a public preschool | 12541 |
| program, a private preschool program, or a head start program, and | 12542 |
| the number of years the student participated in each of these | 12543 |
| programs. | 12544 |
| (4) Any data required to be collected pursuant to federal | 12545 |
| law. | 12546 |
| (C) The education management information system shall include | 12547 |
| cost accounting data for each district as a whole and for each | 12548 |
| school building in each school district. The guidelines adopted | 12549 |
| under this section shall require the cost data for each school | 12550 |
| district to be maintained in a system of mutually exclusive cost | 12551 |
| units and shall require all of the costs of each school district | 12552 |
| to be divided among the cost units. The guidelines shall require | 12553 |
| the system of mutually exclusive cost units to include at least | 12554 |
| the following: | 12555 |
| (1) Administrative costs for the school district as a whole. | 12556 |
| The guidelines shall require the cost units under this division | 12557 |
| (C)(1) to be designed so that each of them may be compiled and | 12558 |
| reported in terms of average expenditure per pupil in formula ADM | 12559 |
| in the school district, as determined pursuant to section 3317.03 | 12560 |
| of the Revised Code. | 12561 |
| (2) Administrative costs for each school building in the | 12562 |
| school district. The guidelines shall require the cost units under | 12563 |
| this division (C)(2) to be designed so that each of them may be | 12564 |
| compiled and reported in terms of average expenditure per | 12565 |
| full-time equivalent pupil receiving instructional or support | 12566 |
| services in each building. | 12567 |
| (3) Instructional services costs for each category of | 12568 |
| instructional service provided directly to students and required | 12569 |
| by guidelines adopted pursuant to division (B)(1)(a) of this | 12570 |
| section. The guidelines shall require the cost units under | 12571 |
| division (C)(3) of this section to be designed so that each of | 12572 |
| them may be compiled and reported in terms of average expenditure | 12573 |
| per pupil receiving the service in the school district as a whole | 12574 |
| and average expenditure per pupil receiving the service in each | 12575 |
| building in the school district and in terms of a total cost for | 12576 |
| each category of service and, as a breakdown of the total cost, a | 12577 |
| cost for each of the following components: | 12578 |
| (a) The cost of each instructional services category required | 12579 |
| by guidelines adopted under division (B)(1)(a) of this section | 12580 |
| that is provided directly to students by a classroom teacher; | 12581 |
| (b) The cost of the instructional support services, such as | 12582 |
| services provided by a speech-language pathologist, classroom | 12583 |
| aide, multimedia aide, or librarian, provided directly to students | 12584 |
| in conjunction with each instructional services category; | 12585 |
| (c) The cost of the administrative support services related | 12586 |
| to each instructional services category, such as the cost of | 12587 |
| personnel that develop the curriculum for the instructional | 12588 |
| services category and the cost of personnel supervising or | 12589 |
| coordinating the delivery of the instructional services category. | 12590 |
| (4) Support or extracurricular services costs for each | 12591 |
| category of service directly provided to students and required by | 12592 |
| guidelines adopted pursuant to division (B)(1)(b) of this section. | 12593 |
| The guidelines shall require the cost units under division (C)(4) | 12594 |
| of this section to be designed so that each of them may be | 12595 |
| compiled and reported in terms of average expenditure per pupil | 12596 |
| receiving the service in the school district as a whole and | 12597 |
| average expenditure per pupil receiving the service in each | 12598 |
| building in the school district and in terms of a total cost for | 12599 |
| each category of service and, as a breakdown of the total cost, a | 12600 |
| cost for each of the following components: | 12601 |
| (a) The cost of each support or extracurricular services | 12602 |
| category required by guidelines adopted under division (B)(1)(b) | 12603 |
| of this section that is provided directly to students by a | 12604 |
| licensed employee, such as services provided by a guidance | 12605 |
| counselor or any services provided by a licensed employee under a | 12606 |
| supplemental contract; | 12607 |
| (b) The cost of each such services category provided directly | 12608 |
| to students by a nonlicensed employee, such as janitorial | 12609 |
| services, cafeteria services, or services of a sports trainer; | 12610 |
| (c) The cost of the administrative services related to each | 12611 |
| services category in division (C)(4)(a) or (b) of this section, | 12612 |
| such as the cost of any licensed or nonlicensed employees that | 12613 |
| develop, supervise, coordinate, or otherwise are involved in | 12614 |
| administering or aiding the delivery of each services category. | 12615 |
| (D)(1) The guidelines adopted under this section shall | 12616 |
| require school districts to collect information about individual | 12617 |
| students, staff members, or both in connection with any data | 12618 |
| required by division (B) or (C) of this section or other reporting | 12619 |
| requirements established in the Revised Code. The guidelines may | 12620 |
| also require school districts to report information about | 12621 |
| individual staff members in connection with any data required by | 12622 |
| division (B) or (C) of this section or other reporting | 12623 |
| requirements established in the Revised Code. The guidelines shall | 12624 |
| not authorize school districts to request social security numbers | 12625 |
| of individual students. The guidelines shall prohibit the | 12626 |
| reporting under this section of a student's name, address, and | 12627 |
| social security number to the state board of education or the | 12628 |
| department of education. The guidelines shall also prohibit the | 12629 |
| reporting under this section of any personally identifiable | 12630 |
| information about any student, except for the purpose of assigning | 12631 |
| the data verification code required by division (D)(2) of this | 12632 |
| section, to any other person unless such person is employed by the | 12633 |
| school district or the data acquisition site operated under | 12634 |
| section 3301.075 of the Revised Code and is authorized by the | 12635 |
| district or acquisition site to have access to such information or | 12636 |
| is employed by an entity with which the department contracts for | 12637 |
| the scoring of tests administered under section 3301.0711 or | 12638 |
| 3301.0712 of the Revised Code. The guidelines may require school | 12639 |
| districts to provide the social security numbers of individual | 12640 |
| staff members. | 12641 |
| (2) The guidelines shall provide for each school district or | 12642 |
| community school to assign a data verification code that is unique | 12643 |
| on a statewide basis over time to each student whose initial Ohio | 12644 |
| enrollment is in that district or school and to report all | 12645 |
| required individual student data for that student utilizing such | 12646 |
| code. The guidelines shall also provide for assigning data | 12647 |
| verification codes to all students enrolled in districts or | 12648 |
| community schools on the effective date of the guidelines | 12649 |
| established under this section. | 12650 |
| Individual student data shall be reported to the department | 12651 |
| through the data acquisition sites utilizing the code but, except | 12652 |
| as provided in section 3310.11 of the Revised Code, at no time | 12653 |
| shall the state board or the department have access to information | 12654 |
| that would enable any data verification code to be matched to | 12655 |
| personally identifiable student data. | 12656 |
| Each school district shall ensure that the data verification | 12657 |
| code is included in the student's records reported to any | 12658 |
| subsequent school district or community school in which the | 12659 |
| student enrolls. Any such subsequent district or school shall | 12660 |
| utilize the same identifier in its reporting of data under this | 12661 |
| section. | 12662 |
| (E) The guidelines adopted under this section may require | 12663 |
| school districts to collect and report data, information, or | 12664 |
| reports other than that described in divisions (A), (B), and (C) | 12665 |
| of this section for the purpose of complying with other reporting | 12666 |
| requirements established in the Revised Code. The other data, | 12667 |
| information, or reports may be maintained in the education | 12668 |
| management information system but are not required to be compiled | 12669 |
| as part of the profile formats required under division (G) of this | 12670 |
| section or the annual statewide report required under division (H) | 12671 |
| of this section. | 12672 |
| (F) Beginning with the school year that begins July 1, 1991, | 12673 |
| the board of education of each school district shall annually | 12674 |
| collect and report to the state board, in accordance with the | 12675 |
| guidelines established by the board, the data required pursuant to | 12676 |
| this section. A school district may collect and report these data | 12677 |
| notwithstanding section 2151.358 or 3319.321 of the Revised Code. | 12678 |
| (G) The state board shall, in accordance with the procedures | 12679 |
| it adopts, annually compile the data reported by each school | 12680 |
| district pursuant to division (D) of this section. The state board | 12681 |
| shall design formats for profiling each school district as a whole | 12682 |
| and each school building within each district and shall compile | 12683 |
| the data in accordance with these formats. These profile formats | 12684 |
| shall: | 12685 |
| (1) Include all of the data gathered under this section in a | 12686 |
| manner that facilitates comparison among school districts and | 12687 |
| among school buildings within each school district; | 12688 |
| (2) Present the data on academic achievement levels as | 12689 |
| assessed by the testing of student achievement maintained pursuant | 12690 |
| to division (B)(1)(d) of this section. | 12691 |
| (H)(1) The state board shall, in accordance with the | 12692 |
| procedures it adopts, annually prepare a statewide report for all | 12693 |
| school districts and the general public that includes the profile | 12694 |
| of each of the school districts developed pursuant to division (G) | 12695 |
| of this section. Copies of the report shall be sent to each school | 12696 |
| district. | 12697 |
| (2) The state board shall, in accordance with the procedures | 12698 |
| it adopts, annually prepare an individual report for each school | 12699 |
| district and the general public that includes the profiles of each | 12700 |
| of the school buildings in that school district developed pursuant | 12701 |
| to division (G) of this section. Copies of the report shall be | 12702 |
| sent to the superintendent of the district and to each member of | 12703 |
| the district board of education. | 12704 |
| (3) Copies of the reports received from the state board under | 12705 |
| divisions (H)(1) and (2) of this section shall be made available | 12706 |
| to the general public at each school district's offices. Each | 12707 |
| district board of education shall make copies of each report | 12708 |
| available to any person upon request and payment of a reasonable | 12709 |
| fee for the cost of reproducing the report. The board shall | 12710 |
| annually publish in a newspaper of general circulation in the | 12711 |
| school district, at least twice during the two weeks prior to the | 12712 |
| week in which the reports will first be available, a notice | 12713 |
| containing the address where the reports are available and the | 12714 |
| date on which the reports will be available. | 12715 |
| (I) Any data that is collected or maintained pursuant to this | 12716 |
| section and that identifies an individual pupil is not a public | 12717 |
| record for the purposes of section 149.43 of the Revised Code. | 12718 |
| (J) As used in this section: | 12719 |
| (1) "School district" means any city, local, exempted | 12720 |
| village, or joint vocational school district. | 12721 |
| (2) "Cost" means any expenditure for operating expenses made | 12722 |
| by a school district excluding any expenditures for debt | 12723 |
| retirement except for payments made to any commercial lending | 12724 |
| institution for any loan approved pursuant to section 3313.483 of | 12725 |
| the Revised Code. | 12726 |
| (K) Any person who removes data from the information system | 12727 |
| established under this section for the purpose of releasing it to | 12728 |
| any person not entitled under law to have access to such | 12729 |
| information is subject to section 2913.42 of the Revised Code | 12730 |
| prohibiting tampering with data. | 12731 |
| (L) Any time the department of education determines that a | 12732 |
| school district has taken any of the actions described under | 12733 |
| division (L)(1), (2), or (3) of this section, it shall make a | 12734 |
| report of the actions of the district, send a copy of the report | 12735 |
| to the superintendent of such school district, and maintain a copy | 12736 |
| of the report in its files: | 12737 |
| (1) The school district fails to meet any deadline | 12738 |
| established pursuant to this section for the reporting of any data | 12739 |
| to the education management information system; | 12740 |
| (2) The school district fails to meet any deadline | 12741 |
| established pursuant to this section for the correction of any | 12742 |
| data reported to the education management information system; | 12743 |
| (3) The school district reports data to the education | 12744 |
| management information system in a condition, as determined by the | 12745 |
| department, that indicates that the district did not make a good | 12746 |
| faith effort in reporting the data to the system. | 12747 |
| Any report made under this division shall include | 12748 |
| recommendations for corrective action by the school district. | 12749 |
| Upon making a report for the first time in a fiscal year, the | 12750 |
| department shall withhold ten per cent of the total amount due | 12751 |
| during that fiscal year under Chapter 3317. of the Revised Code to | 12752 |
| the school district to which the report applies. Upon making a | 12753 |
| second report in a fiscal year, the department shall withhold an | 12754 |
| additional twenty per cent of such total amount due during that | 12755 |
| fiscal year to the school district to which the report applies. | 12756 |
| The department shall not release such funds unless it determines | 12757 |
| that the district has taken corrective action. However, no such | 12758 |
| release of funds shall occur if the district fails to take | 12759 |
| corrective action within forty-five days of the date upon which | 12760 |
| the report was made by the department. | 12761 |
| (M) No data acquisition site or school district shall | 12762 |
| acquire, change, or update its student administration software | 12763 |
| package to manage and report data required to be reported to the | 12764 |
| department unless it converts to a student software package that | 12765 |
| is certified by the department. | 12766 |
| (N) The state board of education, in accordance with sections | 12767 |
| 3319.31 and 3319.311 of the Revised Code, may suspend or revoke a | 12768 |
| license as defined under division (A) of section 3319.31 of the | 12769 |
| Revised Code that has been issued to any school district employee | 12770 |
| found to have willfully reported erroneous, inaccurate, or | 12771 |
| incomplete data to the education management information system. | 12772 |
| (O) No person shall release or maintain any information about | 12773 |
| any student in violation of this section. Whoever violates this | 12774 |
| division is guilty of a misdemeanor of the fourth degree. | 12775 |
| (P) The department shall disaggregate the data collected | 12776 |
| under division (B)(1)(o) of this section according to the race and | 12777 |
| socioeconomic status of the students assessed. No data collected | 12778 |
| under that division shall be included on the report cards required | 12779 |
| by section 3302.03 of the Revised Code. | 12780 |
| (Q) If the department cannot compile any of the information | 12781 |
| required by division (C)(5) of section 3302.03 of the Revised Code | 12782 |
| based upon the data collected under this section, the department | 12783 |
| shall develop a plan and a reasonable timeline for the collection | 12784 |
| of any data necessary to comply with that division. | 12785 |
| Sec. 3302.021. (A) Not earlier than July 1, 2005, and not | 12786 |
| later than July 1, 2007, the department of education shall | 12787 |
| implement a value-added progress dimension for school districts | 12788 |
| and buildings and shall incorporate the value-added progress | 12789 |
| dimension into the report cards and performance ratings issued for | 12790 |
| districts and buildings under section 3302.03 of the Revised Code. | 12791 |
| The state board of education shall adopt rules, pursuant to | 12792 |
| Chapter 119. of the Revised Code, for the implementation of the | 12793 |
| value-added progress dimension. In adopting rules, the state board | 12794 |
| shall consult with the Ohio accountability task force established | 12795 |
| under division (D) of this section. The rules adopted under this | 12796 |
| division shall specify both of the following: | 12797 |
| (1) A scale for describing the levels of academic progress in | 12798 |
| reading and mathematics relative to a standard year of academic | 12799 |
| growth in those subjects for each of grades three through eight; | 12800 |
| (2) That the department shall maintain the confidentiality of | 12801 |
| individual student test scores and individual student reports in | 12802 |
| accordance with sections 3301.0711, 3301.0714, and 3319.321 of the | 12803 |
| Revised Code and federal law. The department may require school | 12804 |
| districts to use a unique identifier for each student for this | 12805 |
| purpose. Individual student test scores and individual student | 12806 |
| reports shall be made available only to a student's classroom | 12807 |
| teacher and other appropriate educational personnel and to the | 12808 |
| student's parent or guardian. | 12809 |
| (B) The department shall use a system designed for collecting | 12810 |
| necessary data, calculating the value-added progress dimension, | 12811 |
| analyzing data, and generating reports, which system has been used | 12812 |
| previously by a non-profit organization led by the Ohio business | 12813 |
| community for at least one year in the operation of a pilot | 12814 |
| program in cooperation with school districts to collect and report | 12815 |
| student achievement data via electronic means and to provide | 12816 |
| information to the districts regarding the academic performance of | 12817 |
| individual students, grade levels, school buildings, and the | 12818 |
| districts as a whole. | 12819 |
| (C) The department shall not pay more than two dollars per | 12820 |
| student for data analysis and reporting to implement the | 12821 |
| value-added progress dimension in the same manner and with the | 12822 |
| same services as under the pilot program described by division (B) | 12823 |
| of this section. However, nothing in this section shall preclude | 12824 |
| the department or any school district from entering into a | 12825 |
| contract for the provision of more services at a higher fee per | 12826 |
| student. Any data analysis conducted under this section by an | 12827 |
| entity under contract with the department shall be completed in | 12828 |
| accordance with timelines established by the superintendent of | 12829 |
| public instruction. | 12830 |
| (D)(1) There is hereby established the Ohio accountability | 12831 |
| task force. The task force shall consist of the following thirteen | 12832 |
| members: | 12833 |
| (a) The chairpersons and ranking minority members of the | 12834 |
| house of representatives and senate standing committees primarily | 12835 |
| responsible for education legislation, who shall be nonvoting | 12836 |
| members; | 12837 |
| (b) One representative of the governor's office, appointed by | 12838 |
| the governor; | 12839 |
| (c) The superintendent of public instruction, or the | 12840 |
| superintendent's designee; | 12841 |
| (d) One representative of teacher employee organizations | 12842 |
| formed pursuant to Chapter 4117. of the Revised Code, appointed by | 12843 |
| the speaker of the house of representatives; | 12844 |
| (e) One representative of school district boards of | 12845 |
| education, appointed by the president of the senate; | 12846 |
| (f) One school district superintendent, appointed by the | 12847 |
| speaker of the house of representatives; | 12848 |
| (g) One representative of business, appointed by the | 12849 |
| president of the senate; | 12850 |
| (h) One representative of a non-profit organization led by | 12851 |
| the Ohio business community, appointed by the governor; | 12852 |
| (i) One school building principal, appointed by the president | 12853 |
| of the senate; | 12854 |
| (j) A member of the state board of education, appointed by | 12855 |
| the speaker of the house of representatives. | 12856 |
| Initial appointed members of the task force shall serve until | 12857 |
| January 1, 2005. Thereafter, terms of office for appointed members | 12858 |
| shall be for two years, each term ending on the same day of the | 12859 |
| same month as did the term that it succeeds. Each appointed member | 12860 |
| shall hold office from the date of appointment until the end of | 12861 |
| the term for which the member was appointed. Members may be | 12862 |
| reappointed. Vacancies shall be filled in the same manner as the | 12863 |
| original appointment. Any member appointed to fill a vacancy | 12864 |
| occurring prior to the expiration of the term for which the | 12865 |
| member's predecessor was appointed shall hold office for the | 12866 |
| remainder of that term. | 12867 |
| The task force shall select from among its members a | 12868 |
| chairperson. The task force shall meet at least six times each | 12869 |
| calendar year and at other times upon the call of the chairperson | 12870 |
| to conduct its business. Members of the task force shall serve | 12871 |
| without compensation. | 12872 |
| (2) The task force shall do all of the following: | 12873 |
| (a) Examine the implementation of the value-added progress | 12874 |
| dimension by the department, including the system described in | 12875 |
| division (B) of this section, the reporting of performance data to | 12876 |
| school districts and buildings, and the provision of professional | 12877 |
| development on the interpretation of the data to classroom | 12878 |
| teachers and administrators; | 12879 |
| (b) Periodically review any fees for data analysis and | 12880 |
| reporting paid by the department pursuant to division (C) of this | 12881 |
| section and determine if the fees are appropriate based upon the | 12882 |
| level of services provided; | 12883 |
| (c) Periodically report to the department and the state board | 12884 |
| on all issues related to the school district and building | 12885 |
| accountability system established under this chapter; | 12886 |
| (d) Not later than seven years after its initial meeting, | 12887 |
| make recommendations to improve the school district and building | 12888 |
| accountability system established under this chapter. The task | 12889 |
| force shall adopt recommendations by a majority vote of its | 12890 |
| members. Copies of the recommendations shall be provided to the | 12891 |
| state board, the governor, the speaker of the house of | 12892 |
| representatives, and the president of the senate. | 12893 |
| (e) Determine starting dates for the implementation of the | 12894 |
| value-added progress dimension and its incorporation into school | 12895 |
| district and building report cards and performance ratings. | 12896 |
| Sec. 3307.32. All amounts due the state teachers retirement | 12897 |
| system from the state treasury pursuant to this chapter shall be | 12898 |
| promptly paid upon warrant of
the | 12899 |
| budget and management pursuant to a voucher approved by the | 12900 |
| director | 12901 |
| Sec. 3309.68. All amounts due the school employees | 12902 |
| retirement system from the state treasury pursuant to this chapter | 12903 |
| shall be promptly paid upon warrant of
the | 12904 |
| director of budget and management pursuant to a voucher approved | 12905 |
| by the director | 12906 |
| Sec. 3310.03. (A) A student is an "eligible student" for | 12907 |
| purposes of the educational choice scholarship pilot program if | 12908 |
| the student satisfies both of the following conditions: | 12909 |
| (1) The student either: | 12910 |
| (a) Is enrolled in a school building that is operated by the | 12911 |
| student's resident district and that the department of education | 12912 |
| declared, in the most recent rating of school buildings published | 12913 |
| prior to the first day of July of the school year for which a | 12914 |
| scholarship is sought and in the two preceding school years, to be | 12915 |
| in a state of academic emergency or academic watch under section | 12916 |
| 3302.03 of the Revised Code; | 12917 |
| (b) Is eligible to enroll in kindergarten in the school year | 12918 |
| for which a scholarship is sought and otherwise would be assigned | 12919 |
| under section 3319.01 of the Revised Code to a school building | 12920 |
| described in division (A)(1)(a) of this section; | 12921 |
| (c) Is enrolled in a community school established under | 12922 |
| Chapter 3314. of the Revised Code but otherwise would be assigned | 12923 |
| under section 3319.01 of the Revised Code to a building described | 12924 |
| in division (A)(1)(a) of this section; | 12925 |
| (d) Is eligible to enroll in kindergarten in the school year | 12926 |
| for which a scholarship is sought, or is enrolled in a community | 12927 |
| school established under Chapter 3314. of the Revised Code, and | 12928 |
| the student's resident district both: | 12929 |
| (i) Has in force an intradistrict open enrollment policy | 12930 |
| under which no student in kindergarten or the community school | 12931 |
| student's grade level, respectively, is automatically assigned to | 12932 |
| a particular school building; | 12933 |
| (ii) In the most recent rating of school districts published | 12934 |
| prior to the first day of July of the school year for which a | 12935 |
| scholarship is sought and in the preceding two school years, was | 12936 |
| declared to be in a state of academic emergency under section | 12937 |
| 3302.03 of the Revised Code. | 12938 |
| (2) The student's resident district is not a school district | 12939 |
| in which the pilot project scholarship program is operating under | 12940 |
| sections 3313.974 to 3313.979 of the Revised Code. | 12941 |
| (B) A student who receives a scholarship under the | 12942 |
| educational choice scholarship pilot program remains an eligible | 12943 |
| student and may continue to receive scholarships in subsequent | 12944 |
| school years until the student completes grade twelve, so long as | 12945 |
| all of the following apply: | 12946 |
| (1) The student's resident district remains the same; | 12947 |
| (2) The student takes each state test prescribed for the | 12948 |
| student's grade level under section 3301.0710 or 3301.0712 of the | 12949 |
| Revised Code while enrolled in a chartered nonpublic school; | 12950 |
| (3) In each school year that the student is enrolled in a | 12951 |
| chartered nonpublic school, the student is absent from school for | 12952 |
| not more than twenty days that the school is open for instruction, | 12953 |
| not including absences due to illness or injury confirmed in | 12954 |
| writing by a physician. | 12955 |
| (C) The superintendent shall cease awarding first-time | 12956 |
| scholarships with respect to a school building that, in the most | 12957 |
| recent ratings of school buildings published under section 3302.03 | 12958 |
| of the Revised Code prior to the first day of July of the school | 12959 |
| year, ceases to be in a state of academic emergency or academic | 12960 |
| watch. However, students who have received scholarships in the | 12961 |
| prior school year remain eligible students pursuant to division | 12962 |
| (B) of this section. | 12963 |
| Sec. 3310.06. It is the policy adopted by the general | 12964 |
| assembly that the educational choice scholarship pilot program | 12965 |
| shall be construed as one of several educational options available | 12966 |
| for students enrolled in academic emergency or academic watch | 12967 |
| school buildings. Students may be enrolled in the schools of the | 12968 |
| student's resident district, in a community school established | 12969 |
| under Chapter 3314. of the Revised Code, in the schools of another | 12970 |
| school district pursuant to an open enrollment policy adopted | 12971 |
| under section 3313.98 of the Revised Code, in a chartered | 12972 |
| nonpublic school with or without a scholarship under the | 12973 |
| educational choice scholarship pilot program, or in other schools | 12974 |
| as the law may provide. | 12975 |
| Sec. 3310.08. (A) The amount paid for an eligible student | 12976 |
| under the educational choice scholarship pilot program shall be | 12977 |
| the lesser of the tuition of the chartered nonpublic school in | 12978 |
| which the student is enrolled or the maximum amount prescribed in | 12979 |
| section 3310.09 of the Revised Code. | 12980 |
| (B)(1) The department shall pay to the parent of each | 12981 |
| eligible student for whom a scholarship is awarded under the | 12982 |
| program, or to the student if at least eighteen years of age, | 12983 |
| periodic partial payments of the scholarship. | 12984 |
| (2) The department shall proportionately reduce or terminate | 12985 |
| the payments for any student who withdraws from a chartered | 12986 |
| nonpublic school prior to the end of the school year. | 12987 |
| (C)(1) The department shall deduct from the payments made to | 12988 |
| each school district under Chapter 3317. and, if necessary, | 12989 |
| sections 321.24 and 323.156 of the Revised Code the amount of five | 12990 |
| thousand two hundred dollars for each eligible student awarded a | 12991 |
| scholarship under the educational choice scholarship pilot program | 12992 |
| who is entitled under section 3313.64 or 3313.65 of the Revised | 12993 |
| Code to attend school in the district. The amount deducted under | 12994 |
| this division funds scholarships for students under both the | 12995 |
| educational choice scholarship pilot program and the pilot project | 12996 |
| scholarship program under sections 3313.974 to 3313.979 of the | 12997 |
| Revised Code. | 12998 |
| (2) If the department reduces or terminates payments to a | 12999 |
| parent or a student, as prescribed in division (B)(2) of this | 13000 |
| section, and the student | 13001 |
| student's resident district or in a community school, established | 13002 |
| under Chapter 3314. of the Revised Code, before the end of the | 13003 |
| school year, the department shall proportionally restore to the | 13004 |
| resident district the amount deducted for that student under | 13005 |
| division (C)(1) of this section. | 13006 |
| (D) In the case of any school district from which a deduction | 13007 |
| is made under division (C) of this section, the department shall | 13008 |
| disclose on the district's SF-3 form, or any successor to that | 13009 |
| form used to calculate a district's state funding for operating | 13010 |
| expenses, a comparison of the following: | 13011 |
| (1) The district's state base-cost payment, as calculated | 13012 |
| under division (A)(1) of section 3317.022 of the Revised Code | 13013 |
| prior to making the adjustments under divisions (A)(2) and (3) of | 13014 |
| that section, with the scholarship students included in the | 13015 |
| district's formula ADM; | 13016 |
| (2) What the district's state base-cost payment would have | 13017 |
| been, as calculated under division (A)(1) of that section prior to | 13018 |
| making the adjustments under divisions (A)(2) and (3) of that | 13019 |
| section, if the scholarship students were not included in the | 13020 |
| district's formula ADM. | 13021 |
| This comparison shall display both the aggregate difference | 13022 |
| between the amounts described in divisions (D)(1) and (2) of this | 13023 |
| section, and the quotient of that aggregate difference divided by | 13024 |
| the number of eligible students for whom deductions are made under | 13025 |
| division (C) of this section. | 13026 |
| Sec. 3310.11. (A) Only for the purpose of administering the | 13027 |
| educational choice scholarship pilot program, the department of | 13028 |
| education may request from any of the following entities the data | 13029 |
| verification code assigned under division (D)(2) of section | 13030 |
| 3301.0714 of the Revised Code to any student who is seeking a | 13031 |
| scholarship under the program: | 13032 |
| (1) The student's resident district; | 13033 |
| (2) If applicable, the community school in which that student | 13034 |
| is enrolled; | 13035 |
| (3) The independent contractor engaged to create and maintain | 13036 |
| student data verification codes. | 13037 |
| (B) Upon a request by the department under division (A) of | 13038 |
| this section for the data verification code of a student seeking a | 13039 |
| scholarship or a request by the student's parent for that code, | 13040 |
| the school district or community school shall submit that code to | 13041 |
| the department or parent in the manner specified by the | 13042 |
| department. If the student has not been assigned a code, because | 13043 |
| the student will be entering kindergarten during the school year | 13044 |
| for which the scholarship is sought, the district shall assign a | 13045 |
| code to that student and submit the code to the department or | 13046 |
| parent by a date specified by the department. If the district does | 13047 |
| not assign a code to the student by the specified date, the | 13048 |
| department shall assign a code to that student. | 13049 |
| The department annually shall submit to each school district | 13050 |
| the name and data verification code of each student residing in | 13051 |
| the district who is entering kindergarten, who has been awarded a | 13052 |
| scholarship under the program, and for whom the department has | 13053 |
| assigned a code under this division. | 13054 |
| (C) For the purpose of administering the applicable tests | 13055 |
| prescribed under sections 3301.0710 and 3301.0712 of the Revised | 13056 |
| Code, as required by section 3310.14 of the Revised Code, the | 13057 |
| department shall provide to each chartered nonpublic school that | 13058 |
| enrolls a scholarship student the data verification code for that | 13059 |
| student. | 13060 |
| (D) The department and each chartered nonpublic school that | 13061 |
| receives a data verification code under this section shall not | 13062 |
| release that code to any person except as provided by law. | 13063 |
| Any document relative to this program that the department | 13064 |
| holds in its files that contains both a student's name or other | 13065 |
| personally identifiable information and the student's data | 13066 |
| verification code shall not be a public record under section | 13067 |
| 149.43 of the Revised Code. | 13068 |
| Sec. 3310.12. Except as provided in division (D) of section | 13069 |
| 3310.11 of the Revised Code, documents relative to the educational | 13070 |
| choice scholarship pilot program that the department holds in its | 13071 |
| files are public records under section 149.43 of the Revised Code | 13072 |
| and may be released pursuant to that section subject to the | 13073 |
| provisions of section 3319.321 of the Revised Code and the "Family | 13074 |
| Educational Rights and Privacy Act of 1974," 88 Stat. 571, 20 | 13075 |
| U.S.C. 1232g, as amended. | 13076 |
| Sec. 3310.16. (A) The state board of education shall adopt | 13077 |
| rules in accordance with Chapter 119. of the Revised Code | 13078 |
| prescribing procedures for the administration of the educational | 13079 |
| choice scholarship pilot program. | 13080 |
| (B) The state board and the department of education shall not | 13081 |
| require chartered nonpublic schools to comply with any education | 13082 |
| laws or rules or other requirements that are not specified in | 13083 |
| sections 3310.01 to 3310.17 of the Revised Code or in rules | 13084 |
| necessary for the administration of the program, adopted under | 13085 |
| division (A) of this section, and that otherwise would not apply | 13086 |
| to a chartered nonpublic school. | 13087 |
| Sec. 3311.057. (A) Any educational service center that is | 13088 |
| formed by merging two or more educational service centers or | 13089 |
|
former county school districts
| 13090 |
| 13091 | |
| board and whether the members are to be elected at large or by | 13092 |
| subdistrict, provided each board shall have an odd number of | 13093 |
| members. | 13094 |
| (B) | 13095 |
| 13096 | |
| 13097 | |
| is merging to form the new service center shall include identical | 13098 |
| provisions for electing the new service center's governing board | 13099 |
| in its resolution adopted pursuant to division (A) of section | 13100 |
| 3311.053 of the Revised Code. If there is any transition period | 13101 |
| between the effective date of the merger of the service centers | 13102 |
| and the assumption of control of the new service center by the new | 13103 |
| board, the resolutions shall include provisions for an interim | 13104 |
| governing board which shall be appointed to govern the service | 13105 |
| center until the time the new board is elected and assumes control | 13106 |
| of the service center. | 13107 |
| (C) | 13108 |
| 13109 | |
| 13110 | |
| 13111 | |
| 13112 | |
| 13113 | |
| 13114 | |
| 13115 |
| | 13116 |
|
pursuant to division
(B) | 13117 |
| the election of members at large, may provide for the | 13118 |
| establishment of subdistricts within the district, or may require | 13119 |
| some members to be elected at large and some to be elected from | 13120 |
| subdistricts. If subdistricts are included, the resolutions shall | 13121 |
| specify the manner in which their boundaries are to be drawn. The | 13122 |
| provisions shall attempt to ensure that each elected member of the | 13123 |
| board represents an equal number of residents of the service | 13124 |
| center. To accomplish this, any subdistrict containing a multiple | 13125 |
| of the number of electors in another subdistrict, may elect | 13126 |
| at-large within that subdistrict, a number of board members equal | 13127 |
| to the multiple that its population is of the population of the | 13128 |
| other subdistrict. | 13129 |
| | 13130 |
| in
the latest
resolution adopted pursuant to | 13131 |
| 13132 | |
| electing board members within that educational service center. | 13133 |
| Sec. 3313.29. The treasurer of each board of education shall | 13134 |
| keep an account of all school funds of the district. The treasurer | 13135 |
| shall receive all vouchers for payments and disbursements made to | 13136 |
| and by the board and preserve such vouchers for a period of ten | 13137 |
| years unless copied or reproduced according to the procedure | 13138 |
| prescribed in section 9.01 of the Revised Code. Thereafter, such | 13139 |
| vouchers may be destroyed by the treasurer upon applying to and | 13140 |
| obtaining an order from the school district records commission in | 13141 |
| the manner prescribed by section 149.41 of the Revised Code, | 13142 |
| except that it shall not be necessary to copy or reproduce such | 13143 |
| vouchers before their destruction. The treasurer shall render a | 13144 |
| statement to the board and to the superintendent of the school | 13145 |
| district, monthly, or more often if required, showing the revenues | 13146 |
| and receipts from whatever sources derived, the various | 13147 |
| appropriations made by the board, the expenditures and | 13148 |
| disbursements therefrom, the purposes thereof, the balances | 13149 |
| remaining in each appropriation, and the assets and liabilities of | 13150 |
| the school district. At the end of the fiscal year such statement | 13151 |
| shall be a complete exhibit of the financial affairs of the school | 13152 |
| district which may be published and distributed with the approval | 13153 |
| of the board. All monthly and yearly statements as required in | 13154 |
| this section shall be available for examination by the public. | 13155 |
| On request of the principal or other chief administrator of | 13156 |
| any nonpublic school located within the school district's | 13157 |
| territory, the treasurer shall provide such principal or | 13158 |
| administrator with an account of the moneys received by the | 13159 |
|
district under division | 13160 |
| Code as reported to the district's board in the treasurer's most | 13161 |
| recent monthly statement. | 13162 |
| Sec. 3313.372. (A) As used in this section, "energy | 13163 |
| conservation measure" means an installation or modification of an | 13164 |
| installation in, or remodeling of, a building, to reduce energy | 13165 |
| consumption. It includes: | 13166 |
| (1) Insulation of the building structure and systems within | 13167 |
| the building; | 13168 |
| (2) Storm windows and doors, multiglazed windows and doors, | 13169 |
| heat absorbing or heat reflective glazed and coated window and | 13170 |
| door systems, additional glazing, reductions in glass area, and | 13171 |
| other window and door system modifications that reduce energy | 13172 |
| consumption; | 13173 |
| (3) Automatic energy control systems; | 13174 |
| (4) Heating, ventilating, or air conditioning system | 13175 |
| modifications or replacements; | 13176 |
| (5) Caulking and weatherstripping; | 13177 |
| (6) Replacement or modification of lighting fixtures to | 13178 |
| increase the energy efficiency of the system without increasing | 13179 |
| the overall illumination of a facility, unless such increase in | 13180 |
| illumination is necessary to conform to the applicable state or | 13181 |
| local building code for the proposed lighting system; | 13182 |
| (7) Energy recovery systems; | 13183 |
| (8) Cogeneration systems that produce steam or forms of | 13184 |
| energy such as heat, as well as electricity, for use primarily | 13185 |
| within a building or complex of buildings; | 13186 |
| (9) Any other modification, installation, or remodeling | 13187 |
| approved by the Ohio school facilities commission as an energy | 13188 |
| conservation measure. | 13189 |
| (B) A board of education of a city, exempted village, local, | 13190 |
| or joint vocational school district may enter into an installment | 13191 |
| payment contract for the purchase and installation of energy | 13192 |
| conservation measures. The provisions of such installment payment | 13193 |
| contracts dealing with interest charges and financing terms shall | 13194 |
| not be subject to the competitive bidding requirements of section | 13195 |
| 3313.46 of the Revised Code, and shall be on the following terms: | 13196 |
| (1) Not less than one-fifteenth of the costs thereof shall be | 13197 |
| paid within two years from the date of purchase. | 13198 |
| (2) The remaining balance of the costs thereof shall be paid | 13199 |
| within fifteen years from the date of purchase. | 13200 |
| An installment payment contract entered into by a board of | 13201 |
| education under this section shall require the board to contract | 13202 |
| in accordance with division (A) of section 3313.46 of the Revised | 13203 |
| Code for the installation, modification, or remodeling of energy | 13204 |
| conservation measures unless division (A) of section 3313.46 of | 13205 |
| the Revised Code does not apply pursuant to division (B)(3) of | 13206 |
| that section. | 13207 |
| (C) The board may issue the notes of the school district | 13208 |
| signed by the president and the treasurer of the board and | 13209 |
| specifying the terms of the purchase and securing the deferred | 13210 |
| payments provided in this section, payable at the times provided | 13211 |
| and bearing interest at a rate not exceeding the rate determined | 13212 |
| as provided in section 9.95 of the Revised Code. The notes may | 13213 |
| contain an option for prepayment and shall not be subject to | 13214 |
| Chapter 133. of the Revised Code. In the resolution authorizing | 13215 |
| the notes, the board may provide, without the vote of the electors | 13216 |
| of the district, for annually levying and collecting taxes in | 13217 |
| amounts sufficient to pay the interest on and retire the notes, | 13218 |
| except that the total net indebtedness of the district without a | 13219 |
| vote of the electors incurred under this and all other sections of | 13220 |
| the Revised Code, except section 3318.052 of the Revised Code, | 13221 |
| shall not exceed one per cent of the district's tax valuation. | 13222 |
| Revenues derived from local taxes or otherwise, for the purpose of | 13223 |
| conserving energy or for defraying the current operating expenses | 13224 |
| of the district, may be applied to the payment of interest and the | 13225 |
| retirement of such notes. The notes may be sold at private sale or | 13226 |
| given to the contractor under the installment payment contract | 13227 |
| authorized by division (B) of this section. | 13228 |
| (D) Debt incurred under this section shall not be included in | 13229 |
| the calculation of the net indebtedness of a school district under | 13230 |
| section 133.06 of the Revised Code. | 13231 |
| (E) No school district board shall enter into an installment | 13232 |
| payment contract under division (B) of this section unless it | 13233 |
| first obtains a report of the costs of the energy conservation | 13234 |
| measures and the savings thereof as described under division (G) | 13235 |
| of section 133.06 of the Revised Code as a requirement for issuing | 13236 |
| energy securities, makes a finding that the amount spent on such | 13237 |
| measures is not likely to exceed the amount of money it would save | 13238 |
| in energy costs and resultant operational and maintenance costs as | 13239 |
| described in that division, except that that finding shall cover | 13240 |
| the ensuing fifteen years, and the Ohio school facilities | 13241 |
| commission determines that the district board's findings are | 13242 |
| reasonable and approves the contract as described in that | 13243 |
| division. | 13244 |
| The district board shall monitor the savings and maintain a | 13245 |
| report of those savings, which shall be available to the | 13246 |
| commission in the same manner as required by division (G) of | 13247 |
| section 133.06 of the Revised Code in the case of energy | 13248 |
| securities. | 13249 |
| Sec. 3313.61. (A) A diploma shall be granted by the board of | 13250 |
| education of any city, exempted village, or local school district | 13251 |
| that operates a high school to any person to whom all of the | 13252 |
| following apply: | 13253 |
| (1) The person has successfully completed the curriculum in | 13254 |
| any high school or the individualized education program developed | 13255 |
| for the person by any high school pursuant to section 3323.08 of | 13256 |
| the Revised Code, provided that no school district shall require a | 13257 |
| student to remain in school for any specific number of semesters | 13258 |
| or other terms if the student completes the required curriculum | 13259 |
| early; | 13260 |
| (2) Subject to section 3313.614 of the Revised Code, the | 13261 |
| person either: | 13262 |
| (a) Has attained at least the applicable scores designated | 13263 |
| under division (B) of section 3301.0710 of the Revised Code on all | 13264 |
| the tests required by that division unless the person was excused | 13265 |
| from taking any such test pursuant to section 3313.532 of the | 13266 |
| Revised Code or unless division (H) or (L) of this section applies | 13267 |
| to the person; | 13268 |
| (b) Has satisfied the alternative conditions prescribed in | 13269 |
| section 3313.615 of the Revised Code. | 13270 |
| (3) The person is not eligible to receive an honors diploma | 13271 |
| granted pursuant to division (B) of this section. | 13272 |
| Except as provided in divisions (C), (E), (J), and (L) of | 13273 |
| this section, no diploma shall be granted under this division to | 13274 |
| anyone except as provided under this division. | 13275 |
| (B) In lieu of a diploma granted under division (A) of this | 13276 |
| section, an honors diploma shall be granted, in accordance with | 13277 |
| rules of the state board of education, by any such district board | 13278 |
| to anyone who successfully completes the curriculum in any high | 13279 |
| school or the individualized education program developed for the | 13280 |
| person by any high school pursuant to section 3323.08 of the | 13281 |
| Revised Code, who has attained subject to section 3313.614 of the | 13282 |
| Revised Code at least the applicable scores designated under | 13283 |
| division (B) of section 3301.0710 of the Revised Code on all the | 13284 |
| tests required by that division, or has satisfied the alternative | 13285 |
| conditions prescribed in section 3313.615 of the Revised Code, and | 13286 |
| who has met additional criteria established by the state board for | 13287 |
| the granting of such a diploma. Except as provided in divisions | 13288 |
| (C), (E), and (J) of this section, no honors diploma shall be | 13289 |
| granted to anyone failing to comply with this division and no more | 13290 |
| than one honors diploma shall be granted to any student under this | 13291 |
| division. | 13292 |
| The state board shall adopt rules prescribing the granting of | 13293 |
| honors diplomas under this division. These rules may prescribe the | 13294 |
| granting of honors diplomas that recognize a student's achievement | 13295 |
| as a whole or that recognize a student's achievement in one or | 13296 |
| more specific subjects or both. In any case, the rules shall | 13297 |
| designate two or more criteria for the granting of each type of | 13298 |
| honors diploma the board establishes under this division and the | 13299 |
| number of such criteria that must be met for the granting of that | 13300 |
| type of diploma. The number of such criteria for any type of | 13301 |
| honors diploma shall be at least one less than the total number of | 13302 |
| criteria designated for that type and no one or more particular | 13303 |
| criteria shall be required of all persons who are to be granted | 13304 |
| that type of diploma. | 13305 |
| (C) Any such district board administering any of the tests | 13306 |
| required by section 3301.0710 or 3301.0712 of the Revised Code to | 13307 |
| any person requesting to take such test pursuant to division | 13308 |
| (B)(8)(b) of section 3301.0711 of the Revised Code shall award a | 13309 |
| diploma to such person if the person attains at least the | 13310 |
| applicable scores designated under division (B) of section | 13311 |
| 3301.0710 of the Revised Code on all the tests administered and if | 13312 |
| the person has previously attained the applicable scores on all | 13313 |
| the other tests required by division (B) of that section or has | 13314 |
| been exempted or excused from attaining the applicable score on | 13315 |
| any such test pursuant to division (H) or (L) of this section or | 13316 |
| from taking any such test pursuant to section 3313.532 of the | 13317 |
| Revised Code. | 13318 |
| (D) Each diploma awarded under this section shall be signed | 13319 |
| by the president and treasurer of the issuing board, the | 13320 |
| superintendent of schools, and the principal of the high school. | 13321 |
| Each diploma shall bear the date of its issue, be in such form as | 13322 |
| the district board prescribes, and be paid for out of the | 13323 |
| district's general fund. | 13324 |
| (E) A person who is a resident of Ohio and is eligible under | 13325 |
| state board of education minimum standards to receive a high | 13326 |
| school diploma based in whole or in part on credits earned while | 13327 |
| an inmate of a correctional institution operated by the state or | 13328 |
| any political subdivision thereof, shall be granted such diploma | 13329 |
| by the correctional institution operating the programs in which | 13330 |
| such credits were earned, and by the board of education of the | 13331 |
| school district in which the inmate resided immediately prior to | 13332 |
| the inmate's placement in the institution. The diploma granted by | 13333 |
| the correctional institution shall be signed by the director of | 13334 |
| the institution, and by the person serving as principal of the | 13335 |
| institution's high school and shall bear the date of issue. | 13336 |
| (F) Persons who are not residents of Ohio but who are inmates | 13337 |
| of correctional institutions operated by the state or any | 13338 |
| political subdivision thereof, and who are eligible under state | 13339 |
| board of education minimum standards to receive a high school | 13340 |
| diploma based in whole or in part on credits earned while an | 13341 |
| inmate of the correctional institution, shall be granted a diploma | 13342 |
| by the correctional institution offering the program in which the | 13343 |
| credits were earned. The diploma granted by the correctional | 13344 |
| institution shall be signed by the director of the institution and | 13345 |
| by the person serving as principal of the institution's high | 13346 |
| school and shall bear the date of issue. | 13347 |
| (G) The state board of education shall provide by rule for | 13348 |
| the administration of the tests required by section 3301.0710 of | 13349 |
| the Revised Code to inmates of correctional institutions. | 13350 |
| (H) Any person to whom all of the following apply shall be | 13351 |
| exempted from attaining the applicable score on the test in social | 13352 |
| studies designated under division (B) of section 3301.0710 of the | 13353 |
| Revised Code or the test in citizenship designated under former | 13354 |
| division (B) of section 3301.0710 of the Revised Code as it | 13355 |
| existed prior to September 11, 2001: | 13356 |
| (1) The person is not a citizen of the United States; | 13357 |
| (2) The person is not a permanent resident of the United | 13358 |
| States; | 13359 |
| (3) The person indicates no intention to reside in the United | 13360 |
| States after the completion of high school. | 13361 |
| (I) Notwithstanding division (D) of section 3311.19 and | 13362 |
| division (D) of section 3311.52 of the Revised Code, this section | 13363 |
| and section 3311.611 of the Revised Code do not apply to the board | 13364 |
| of education of any joint vocational school district or any | 13365 |
| cooperative education school district established pursuant to | 13366 |
| divisions (A) to (C) of section 3311.52 of the Revised Code. | 13367 |
| (J) Upon receipt of a notice under division (D) of section | 13368 |
| 3325.08 of the Revised Code that a student has received a diploma | 13369 |
| under that section, the board of education receiving the notice | 13370 |
| may grant a high school diploma under this section to the student, | 13371 |
| except that such board shall grant the student a diploma if the | 13372 |
| student meets the graduation requirements that the student would | 13373 |
| otherwise have had to meet to receive a diploma from the district. | 13374 |
| The diploma granted under this section shall be of the same type | 13375 |
| the notice indicates the student received under section 3325.08 of | 13376 |
| the Revised Code. | 13377 |
| (K) As used in this division, "limited English proficient | 13378 |
| student" has the same meaning as in division (C)(3) of section | 13379 |
| 3301.0711 of the Revised Code. | 13380 |
| Notwithstanding division (C)(3) of section 3301.0711 of the | 13381 |
| Revised Code, no limited English proficient student who has not | 13382 |
| attained the applicable scores designated under division (B) of | 13383 |
| section 3301.0710 of the Revised Code on all the tests required by | 13384 |
| that division shall be awarded a diploma under this section. | 13385 |
| (L) Any student described by division (A)(1) of this section | 13386 |
| may be awarded a diploma without attaining the applicable scores | 13387 |
| designated on the tests prescribed under division (B) of section | 13388 |
| 3301.0710 of the Revised Code provided an individualized education | 13389 |
| program specifically exempts the student from attaining such | 13390 |
| scores. This division does not negate the requirement for such a | 13391 |
| student to take all such tests or alternate assessments required | 13392 |
| by division (C)(1) of section 3301.0711 of the Revised Code for | 13393 |
| the purpose of assessing student progress as required by federal | 13394 |
| law. | 13395 |
| Sec. 3313.64. (A) As used in this section and in section | 13396 |
| 3313.65 of the Revised Code: | 13397 |
| (1)(a) Except as provided in division (A)(1)(b) of this | 13398 |
| section, "parent" means either parent, unless the parents are | 13399 |
| separated or divorced or their marriage has been dissolved or | 13400 |
| annulled, in which case "parent" means the parent who is the | 13401 |
| residential parent and legal custodian of the child. When a child | 13402 |
| is in the legal custody of a government agency or a person other | 13403 |
| than the child's natural or adoptive parent, "parent" means the | 13404 |
| parent with residual parental rights, privileges, and | 13405 |
| responsibilities. When a child is in the permanent custody of a | 13406 |
| government agency or a person other than the child's natural or | 13407 |
| adoptive parent, "parent" means the parent who was divested of | 13408 |
| parental rights and responsibilities for the care of the child and | 13409 |
| the right to have the child live with the parent and be the legal | 13410 |
| custodian of the child and all residual parental rights, | 13411 |
| privileges, and responsibilities. | 13412 |
| (b) When a child is the subject of a power of attorney | 13413 |
| executed under sections 3109.51 to 3109.62 of the Revised Code, | 13414 |
| "parent" means the grandparent designated as attorney in fact | 13415 |
| under the power of attorney. When a child is the subject of a | 13416 |
| caretaker authorization affidavit executed under sections 3109.64 | 13417 |
| to 3109.73 of the Revised Code, "parent" means the grandparent | 13418 |
| that executed the affidavit. | 13419 |
| (2) "Legal custody," "permanent custody," and "residual | 13420 |
| parental rights, privileges, and responsibilities" have the same | 13421 |
| meanings as in section 2151.011 of the Revised Code. | 13422 |
| (3) "School district" or "district" means a city, local, or | 13423 |
| exempted village school district and excludes any school operated | 13424 |
| in an institution maintained by the department of youth services. | 13425 |
| (4) Except as used in division (C)(2) of this section, "home" | 13426 |
| means a home, institution, foster home, group home, or other | 13427 |
| residential facility in this state that receives and cares for | 13428 |
| children, to which any of the following applies: | 13429 |
| (a) The home is licensed, certified, or approved for such | 13430 |
| purpose by the state or is maintained by the department of youth | 13431 |
| services. | 13432 |
| (b) The home is operated by a person who is licensed, | 13433 |
| certified, or approved by the state to operate the home for such | 13434 |
| purpose. | 13435 |
| (c) The home accepted the child through a placement by a | 13436 |
| person licensed, certified, or approved to place a child in such a | 13437 |
| home by the state. | 13438 |
| (d) The home is a children's home created under section | 13439 |
| 5153.21 or 5153.36 of the Revised Code. | 13440 |
| (5) "Agency" means all of the following: | 13441 |
| (a) A public children services agency; | 13442 |
| (b) An organization that holds a certificate issued by the | 13443 |
| Ohio department of job and family services in accordance with the | 13444 |
| requirements of section 5103.03 of the Revised Code and assumes | 13445 |
| temporary or permanent custody of children through commitment, | 13446 |
| agreement, or surrender, and places children in family homes for | 13447 |
| the purpose of adoption; | 13448 |
| (c) Comparable agencies of other states or countries that | 13449 |
| have complied with applicable requirements of section 2151.39, or | 13450 |
| sections 5103.20 to 5103.28 of the Revised Code. | 13451 |
| (6) A child is placed for adoption if either of the following | 13452 |
| occurs: | 13453 |
| (a) An agency to which the child has been permanently | 13454 |
| committed or surrendered enters into an agreement with a person | 13455 |
| pursuant to section 5103.16 of the Revised Code for the care and | 13456 |
| adoption of the child. | 13457 |
| (b) The child's natural parent places the child pursuant to | 13458 |
| section 5103.16 of the Revised Code with a person who will care | 13459 |
| for and adopt the child. | 13460 |
| (7) "Handicapped preschool child" means a handicapped child, | 13461 |
| as defined by division (A) of section 3323.01 of the Revised Code, | 13462 |
| who is at least three years of age but is not of compulsory school | 13463 |
| age, as defined in section 3321.01 of the Revised Code, and who is | 13464 |
| not currently enrolled in kindergarten. | 13465 |
| (8) "Child," unless otherwise indicated, includes handicapped | 13466 |
| preschool children. | 13467 |
| (9) "Active duty" means active duty pursuant to an executive | 13468 |
| order of the president of the United States, an act of the | 13469 |
| congress of the United States, or section 5919.29 or 5923.21 of | 13470 |
| the Revised Code. | 13471 |
| (B) Except as otherwise provided in section 3321.01 of the | 13472 |
| Revised Code for admittance to kindergarten and first grade, a | 13473 |
| child who is at least five but under twenty-two years of age and | 13474 |
| any handicapped preschool child shall be admitted to school as | 13475 |
| provided in this division. | 13476 |
| (1) A child shall be admitted to the schools of the school | 13477 |
| district in which the child's parent resides. | 13478 |
| (2) A child who does not reside in the district where the | 13479 |
| child's parent resides shall be admitted to the schools of the | 13480 |
| district in which the child resides if any of the following | 13481 |
| applies: | 13482 |
| (a) The child is in the legal or permanent custody of a | 13483 |
| government agency or a person other than the child's natural or | 13484 |
| adoptive parent. | 13485 |
| (b) The child resides in a home. | 13486 |
| (c) The child requires special education. | 13487 |
| (3) A child who is not entitled under division (B)(2) of this | 13488 |
| section to be admitted to the schools of the district where the | 13489 |
| child resides and who is residing with a resident of this state | 13490 |
| with whom the child has been placed for adoption shall be admitted | 13491 |
| to the schools of the district where the child resides unless | 13492 |
| either of the following applies: | 13493 |
| (a) The placement for adoption has been terminated. | 13494 |
| (b) Another school district is required to admit the child | 13495 |
| under division (B)(1) of this section. | 13496 |
| Division (B) of this section does not prohibit the board of | 13497 |
| education of a school district from placing a handicapped child | 13498 |
| who resides in the district in a special education program outside | 13499 |
| of the district or its schools in compliance with Chapter 3323. of | 13500 |
| the Revised Code. | 13501 |
| (C) A district shall not charge tuition for children admitted | 13502 |
| under division (B)(1) or (3) of this section. If the district | 13503 |
| admits a child under division (B)(2) of this section, tuition | 13504 |
| shall be paid to the district that admits the child as follows: | 13505 |
| (1) If the child receives special education in accordance | 13506 |
| with Chapter 3323. of the Revised Code, the school district of | 13507 |
| residence, as defined in section 3323.01 of the Revised Code, | 13508 |
| shall pay tuition | 13509 |
| section 3323.091, 3323.13, 3323.14, or 3323.141 of the Revised | 13510 |
| Code regardless of who has custody of the child or whether the | 13511 |
| child resides in a home. | 13512 |
| (2) | 13513 |
| education in accordance with Chapter 3323. of the Revised Code, | 13514 |
| except as otherwise provided in division (C)(2)(d) of this | 13515 |
| section, if the child is in the permanent or legal custody of a | 13516 |
| government agency or person other than the child's parent, tuition | 13517 |
| shall be paid by: | 13518 |
| (a) The district in which the child's parent resided at the | 13519 |
| time the court removed the child from home or at the time the | 13520 |
| court vested legal or permanent custody of the child in the person | 13521 |
| or government agency, whichever occurred first; | 13522 |
| (b) If the parent's residence at the time the court removed | 13523 |
| the child from home or placed the child in the legal or permanent | 13524 |
| custody of the person or government agency is unknown, tuition | 13525 |
| shall be paid by the district in which the child resided at the | 13526 |
| time the child was removed from home or placed in legal or | 13527 |
| permanent custody, whichever occurred first; | 13528 |
| (c) If a school district cannot be established under division | 13529 |
| (C)(2)(a) or (b) of this section, tuition shall be paid by the | 13530 |
| district determined as required by section 2151.357 of the Revised | 13531 |
| Code by the court at the time it vests custody of the child in the | 13532 |
| person or government agency; | 13533 |
| (d) If at the time the court removed the child from home or | 13534 |
| vested legal or permanent custody of the child in the person or | 13535 |
| government agency, whichever occurred first, one parent was in a | 13536 |
| residential or correctional facility or a juvenile residential | 13537 |
| placement and the other parent, if living and not in such a | 13538 |
| facility or placement, was not known to reside in this state, | 13539 |
| tuition shall be paid by the district determined under division | 13540 |
| (D) of section 3313.65 of the Revised Code as the district | 13541 |
| required to pay any tuition while the parent was in such facility | 13542 |
| or placement; | 13543 |
| (e) If the court has modified its order as to which district | 13544 |
| is responsible to bear the cost of educating the child pursuant to | 13545 |
| division (A)(2) of section 2151.357 of the Revised Code, the | 13546 |
| district determined to be responsible for that cost in the order | 13547 |
| so modified. | 13548 |
| (3) If the child is not in the permanent or legal custody of | 13549 |
| a government agency or person other than the child's parent and | 13550 |
| the child resides in a home, tuition shall be paid by one of the | 13551 |
| following: | 13552 |
| (a) The school district in which the child's parent resides; | 13553 |
| (b) If the child's parent is not a resident of this state, | 13554 |
| the home in which the child resides. | 13555 |
| (D) Tuition required to be paid under divisions (C)(2) and | 13556 |
| (3)(a) of this section shall be computed in accordance with | 13557 |
| section 3317.08 of the Revised Code. Tuition required to be paid | 13558 |
| under division (C)(3)(b) of this section shall be computed in | 13559 |
| accordance with section 3317.081 of the Revised Code. If a home | 13560 |
| fails to pay the tuition required by division (C)(3)(b) of this | 13561 |
| section, the board of education providing the education may | 13562 |
| recover in a civil action the tuition and the expenses incurred in | 13563 |
| prosecuting the action, including court costs and reasonable | 13564 |
| attorney's fees. If the prosecuting attorney or city director of | 13565 |
| law represents the board in such action, costs and reasonable | 13566 |
| attorney's fees awarded by the court, based upon the prosecuting | 13567 |
| attorney's, director's, or one of their designee's time spent | 13568 |
| preparing and presenting the case, shall be deposited in the | 13569 |
| county or city general fund. | 13570 |
| (E) A board of education may enroll a child free of any | 13571 |
| tuition obligation for a period not to exceed sixty days, on the | 13572 |
| sworn statement of an adult resident of the district that the | 13573 |
| resident has initiated legal proceedings for custody of the child. | 13574 |
| (F) In the case of any individual entitled to attend school | 13575 |
| under this division, no tuition shall be charged by the school | 13576 |
| district of attendance and no other school district shall be | 13577 |
| required to pay tuition for the individual's attendance. | 13578 |
| Notwithstanding division (B), (C), or (E) of this section: | 13579 |
| (1) All persons at least eighteen but under twenty-two years | 13580 |
| of age who live apart from their parents, support themselves by | 13581 |
| their own labor, and have not successfully completed the high | 13582 |
| school curriculum or the individualized education program | 13583 |
| developed for the person by the high school pursuant to section | 13584 |
| 3323.08 of the Revised Code, are entitled to attend school in the | 13585 |
| district in which they reside. | 13586 |
| (2) Any child under eighteen years of age who is married is | 13587 |
| entitled to attend school in the child's district of residence. | 13588 |
| (3) A child is entitled to attend school in the district in | 13589 |
| which either of the child's parents is employed if the child has a | 13590 |
| medical condition that may require emergency medical attention. | 13591 |
| The parent of a child entitled to attend school under division | 13592 |
| (F)(3) of this section shall submit to the board of education of | 13593 |
| the district in which the parent is employed a statement from the | 13594 |
| child's physician certifying that the child's medical condition | 13595 |
| may require emergency medical attention. The statement shall be | 13596 |
| supported by such other evidence as the board may require. | 13597 |
| (4) Any child residing with a person other than the child's | 13598 |
| parent is entitled, for a period not to exceed twelve months, to | 13599 |
| attend school in the district in which that person resides if the | 13600 |
| child's parent files an affidavit with the superintendent of the | 13601 |
| district in which the person with whom the child is living resides | 13602 |
| stating all of the following: | 13603 |
| (a) That the parent is serving outside of the state in the | 13604 |
| armed services of the United States; | 13605 |
| (b) That the parent intends to reside in the district upon | 13606 |
| returning to this state; | 13607 |
| (c) The name and address of the person with whom the child is | 13608 |
| living while the parent is outside the state. | 13609 |
| (5) Any child under the age of twenty-two years who, after | 13610 |
| the death of a parent, resides in a school district other than the | 13611 |
| district in which the child attended school at the time of the | 13612 |
| parent's death is entitled to continue to attend school in the | 13613 |
| district in which the child attended school at the time of the | 13614 |
| parent's death for the remainder of the school year, subject to | 13615 |
| approval of that district board. | 13616 |
| (6) A child under the age of twenty-two years who resides | 13617 |
| with a parent who is having a new house built in a school district | 13618 |
| outside the district where the parent is residing is entitled to | 13619 |
| attend school for a period of time in the district where the new | 13620 |
| house is being built. In order to be entitled to such attendance, | 13621 |
| the parent shall provide the district superintendent with the | 13622 |
| following: | 13623 |
| (a) A sworn statement explaining the situation, revealing the | 13624 |
| location of the house being built, and stating the parent's | 13625 |
| intention to reside there upon its completion; | 13626 |
| (b) A statement from the builder confirming that a new house | 13627 |
| is being built for the parent and that the house is at the | 13628 |
| location indicated in the parent's statement. | 13629 |
| (7) A child under the age of twenty-two years residing with a | 13630 |
| parent who has a contract to purchase a house in a school district | 13631 |
| outside the district where the parent is residing and who is | 13632 |
| waiting upon the date of closing of the mortgage loan for the | 13633 |
| purchase of such house is entitled to attend school for a period | 13634 |
| of time in the district where the house is being purchased. In | 13635 |
| order to be entitled to such attendance, the parent shall provide | 13636 |
| the district superintendent with the following: | 13637 |
| (a) A sworn statement explaining the situation, revealing the | 13638 |
| location of the house being purchased, and stating the parent's | 13639 |
| intent to reside there; | 13640 |
| (b) A statement from a real estate broker or bank officer | 13641 |
| confirming that the parent has a contract to purchase the house, | 13642 |
| that the parent is waiting upon the date of closing of the | 13643 |
| mortgage loan, and that the house is at the location indicated in | 13644 |
| the parent's statement. | 13645 |
| The district superintendent shall establish a period of time | 13646 |
| not to exceed ninety days during which the child entitled to | 13647 |
| attend school under division (F)(6) or (7) of this section may | 13648 |
| attend without tuition obligation. A student attending a school | 13649 |
| under division (F)(6) or (7) of this section shall be eligible to | 13650 |
| participate in interscholastic athletics under the auspices of | 13651 |
| that school, provided the board of education of the school | 13652 |
| district where the student's parent resides, by a formal action, | 13653 |
| releases the student to participate in interscholastic athletics | 13654 |
| at the school where the student is attending, and provided the | 13655 |
| student receives any authorization required by a public agency or | 13656 |
| private organization of which the school district is a member | 13657 |
| exercising authority over interscholastic sports. | 13658 |
| (8) A child whose parent is a full-time employee of a city, | 13659 |
| local, or exempted village school district, or of an educational | 13660 |
| service center, may be admitted to the schools of the district | 13661 |
| where the child's parent is employed, or in the case of a child | 13662 |
| whose parent is employed by an educational service center, in the | 13663 |
| district that serves the location where the parent's job is | 13664 |
| primarily located, provided the district board of education | 13665 |
| establishes such an admission policy by resolution adopted by a | 13666 |
| majority of its members. Any such policy shall take effect on the | 13667 |
| first day of the school year and the effective date of any | 13668 |
| amendment or repeal may not be prior to the first day of the | 13669 |
| subsequent school year. The policy shall be uniformly applied to | 13670 |
| all such children and shall provide for the admission of any such | 13671 |
| child upon request of the parent. No child may be admitted under | 13672 |
| this policy after the first day of classes of any school year. | 13673 |
| (9) A child who is with the child's parent under the care of | 13674 |
| a shelter for victims of domestic violence, as defined in section | 13675 |
| 3113.33 of the Revised Code, is entitled to attend school free in | 13676 |
| the district in which the child is with the child's parent, and no | 13677 |
| other school district shall be required to pay tuition for the | 13678 |
| child's attendance in that school district. | 13679 |
| The enrollment of a child in a school district under this | 13680 |
| division shall not be denied due to a delay in the school | 13681 |
| district's receipt of any records required under section 3313.672 | 13682 |
| of the Revised Code or any other records required for enrollment. | 13683 |
| Any days of attendance and any credits earned by a child while | 13684 |
| enrolled in a school district under this division shall be | 13685 |
| transferred to and accepted by any school district in which the | 13686 |
| child subsequently enrolls. The state board of education shall | 13687 |
| adopt rules to ensure compliance with this division. | 13688 |
| (10) Any child under the age of twenty-two years whose parent | 13689 |
| has moved out of the school district after the commencement of | 13690 |
| classes in the child's senior year of high school is entitled, | 13691 |
| subject to the approval of that district board, to attend school | 13692 |
| in the district in which the child attended school at the time of | 13693 |
| the parental move for the remainder of the school year and for one | 13694 |
| additional semester or equivalent term. A district board may also | 13695 |
| adopt a policy specifying extenuating circumstances under which a | 13696 |
| student may continue to attend school under division (F)(10) of | 13697 |
| this section for an additional period of time in order to | 13698 |
| successfully complete the high school curriculum for the | 13699 |
| individualized education program developed for the student by the | 13700 |
| high school pursuant to section 3323.08 of the Revised Code. | 13701 |
| (11) As used in this division, "grandparent" means a parent | 13702 |
| of a parent of a child. A child under the age of twenty-two years | 13703 |
| who is in the custody of the child's parent, resides with a | 13704 |
| grandparent, and does not require special education is entitled to | 13705 |
| attend the schools of the district in which the child's | 13706 |
| grandparent resides, provided that, prior to such attendance in | 13707 |
| any school year, the board of education of the school district in | 13708 |
| which the child's grandparent resides and the board of education | 13709 |
| of the school district in which the child's parent resides enter | 13710 |
| into a written agreement specifying that good cause exists for | 13711 |
| such attendance, describing the nature of this good cause, and | 13712 |
| consenting to such attendance. | 13713 |
| In lieu of a consent form signed by a parent, a board of | 13714 |
| education may request the grandparent of a child attending school | 13715 |
| in the district in which the grandparent resides pursuant to | 13716 |
| division (F)(11) of this section to complete any consent form | 13717 |
| required by the district, including any authorization required by | 13718 |
| sections 3313.712, 3313.713, and 3313.716 of the Revised Code. | 13719 |
| Upon request, the grandparent shall complete any consent form | 13720 |
| required by the district. A school district shall not incur any | 13721 |
| liability solely because of its receipt of a consent form from a | 13722 |
| grandparent in lieu of a parent. | 13723 |
| Division (F)(11) of this section does not create, and shall | 13724 |
| not be construed as creating, a new cause of action or substantive | 13725 |
| legal right against a school district, a member of a board of | 13726 |
| education, or an employee of a school district. This section does | 13727 |
| not affect, and shall not be construed as affecting, any | 13728 |
| immunities from defenses to tort liability created or recognized | 13729 |
| by Chapter 2744. of the Revised Code for a school district, | 13730 |
| member, or employee. | 13731 |
| (12) A child under the age of twenty-two years is entitled to | 13732 |
| attend school in a school district other than the district in | 13733 |
| which the child is entitled to attend school under division (B), | 13734 |
| (C), or (E) of this section provided that, prior to such | 13735 |
| attendance in any school year, both of the following occur: | 13736 |
| (a) The superintendent of the district in which the child is | 13737 |
| entitled to attend school under division (B), (C), or (E) of this | 13738 |
| section contacts the superintendent of another district for | 13739 |
| purposes of this division; | 13740 |
| (b) The superintendents of both districts enter into a | 13741 |
| written agreement that consents to the attendance and specifies | 13742 |
| that the purpose of such attendance is to protect the student's | 13743 |
| physical or mental well-being or to deal with other extenuating | 13744 |
| circumstances deemed appropriate by the superintendents. | 13745 |
| While an agreement is in effect under this division for a | 13746 |
| student who is not receiving special education under Chapter 3323. | 13747 |
| of the Revised Code and notwithstanding Chapter 3327. of the | 13748 |
| Revised Code, the board of education of neither school district | 13749 |
| involved in the agreement is required to provide transportation | 13750 |
| for the student to and from the school where the student attends. | 13751 |
| A student attending a school of a district pursuant to this | 13752 |
| division shall be allowed to participate in all student | 13753 |
| activities, including interscholastic athletics, at the school | 13754 |
| where the student is attending on the same basis as any student | 13755 |
| who has always attended the schools of that district while of | 13756 |
| compulsory school age. | 13757 |
| (13) All school districts shall comply with the | 13758 |
| "McKinney-Vento Homeless Assistance Act," 42 U.S.C.A. 11431 et | 13759 |
| seq., for the education of homeless children. Each city, local, | 13760 |
| and exempted village school district shall comply with the | 13761 |
| requirements of that act governing the provision of a free, | 13762 |
| appropriate public education, including public preschool, to each | 13763 |
| homeless child. | 13764 |
| When a child loses permanent housing and becomes a homeless | 13765 |
| person, as defined in 42 U.S.C.A. 11481(5), or when a child who is | 13766 |
| such a homeless person changes temporary living arrangements, the | 13767 |
| child's parent or guardian shall have the option of enrolling the | 13768 |
| child in either of the following: | 13769 |
| (a) The child's school of origin, as defined in 42 U.S.C.A. | 13770 |
| 11432(g)(3)(C); | 13771 |
| (b) The school that is operated by the school district in | 13772 |
| which the shelter where the child currently resides is located and | 13773 |
| that serves the geographic area in which the shelter is located. | 13774 |
| (14) A child under the age of twenty-two years who resides | 13775 |
| with a person other than the child's parent is entitled to attend | 13776 |
| school in the school district in which that person resides if both | 13777 |
| of the following apply: | 13778 |
| (a) That person has been appointed, through a military power | 13779 |
| of attorney executed under section 574(a) of the "National Defense | 13780 |
| Authorization Act for Fiscal Year 1994," 107 Stat. 1674 (1993), 10 | 13781 |
| U.S.C. 1044b, or through a comparable document necessary to | 13782 |
| complete a family care plan, as the parent's agent for the care, | 13783 |
| custody, and control of the child while the parent is on active | 13784 |
| duty as a member of the national guard or a reserve unit of the | 13785 |
| armed forces of the United States or because the parent is a | 13786 |
| member of the armed forces of the United States and is on a duty | 13787 |
| assignment away from the parent's residence. | 13788 |
| (b) The military power of attorney or comparable document | 13789 |
| includes at least the authority to enroll the child in school. | 13790 |
| The entitlement to attend school in the district in which the | 13791 |
| parent's agent under the military power of attorney or comparable | 13792 |
| document resides applies until the end of the school year in which | 13793 |
| the military power of attorney or comparable document expires. | 13794 |
| (G) A board of education, after approving admission, may | 13795 |
| waive tuition for students who will temporarily reside in the | 13796 |
| district and who are either of the following: | 13797 |
| (1) Residents or domiciliaries of a foreign nation who | 13798 |
| request admission as foreign exchange students; | 13799 |
| (2) Residents or domiciliaries of the United States but not | 13800 |
| of Ohio who request admission as participants in an exchange | 13801 |
| program operated by a student exchange organization. | 13802 |
| (H) Pursuant to sections 3311.211, 3313.90, 3319.01, 3323.04, | 13803 |
| 3327.04, and 3327.06 of the Revised Code, a child may attend | 13804 |
| school or participate in a special education program in a school | 13805 |
| district other than in the district where the child is entitled to | 13806 |
| attend school under division (B) of this section. | 13807 |
| (I)(1) Notwithstanding anything to the contrary in this | 13808 |
| section or section 3313.65 of the Revised Code, a child under | 13809 |
| twenty-two years of age may attend school in the school district | 13810 |
| in which the child, at the end of the first full week of October | 13811 |
| of the school year, was entitled to attend school as otherwise | 13812 |
| provided under this section or section 3313.65 of the Revised | 13813 |
| Code, if at that time the child was enrolled in the schools of the | 13814 |
| district but since that time the child or the child's parent has | 13815 |
| relocated to a new address located outside of that school district | 13816 |
| and within the same county as the child's or parent's address | 13817 |
| immediately prior to the relocation. The child may continue to | 13818 |
| attend school in the district, and at the school to which the | 13819 |
| child was assigned at the end of the first full week of October of | 13820 |
| the current school year, for the balance of the school year. | 13821 |
| Division (I)(1) of this section applies only if both of the | 13822 |
| following conditions are satisfied: | 13823 |
| (a) The board of education of the school district in which | 13824 |
| the child was entitled to attend school at the end of the first | 13825 |
| full week in October and of the district to which the child or | 13826 |
| child's parent has relocated each has adopted a policy to enroll | 13827 |
| children described in division (I)(1) of this section. | 13828 |
| (b) The child's parent provides written notification of the | 13829 |
| relocation outside of the school district to the superintendent of | 13830 |
| each of the two school districts. | 13831 |
| (2) At the beginning of the school year following the school | 13832 |
| year in which the child or the child's parent relocated outside of | 13833 |
| the school district as described in division (I)(1) of this | 13834 |
| section, the child is not entitled to attend school in the school | 13835 |
| district under that division. | 13836 |
| (3) Any person or entity owing tuition to the school district | 13837 |
| on behalf of the child at the end of the first full week in | 13838 |
| October, as provided in division (C) of this section, shall | 13839 |
| continue to owe such tuition to the district for the child's | 13840 |
| attendance under division (I)(1) of this section for the lesser of | 13841 |
| the balance of the school year or the balance of the time that the | 13842 |
| child attends school in the district under division (I)(1) of this | 13843 |
| section. | 13844 |
| (4) A pupil who may attend school in the district under | 13845 |
| division (I)(1) of this section shall be entitled to | 13846 |
| transportation services pursuant to an agreement between the | 13847 |
| district and the district in which the child or child's parent has | 13848 |
| relocated unless the districts have not entered into such | 13849 |
| agreement, in which case the child shall be entitled to | 13850 |
| transportation services in the same manner as a pupil attending | 13851 |
| school in the district under interdistrict open enrollment as | 13852 |
| described in division (H) of section 3313.981 of the Revised Code, | 13853 |
| regardless of whether the district has adopted an open enrollment | 13854 |
| policy as described in division (B)(1)(b) or (c) of section | 13855 |
| 3313.98 of the Revised Code. | 13856 |
| (J) This division does not apply to a child receiving special | 13857 |
| education. | 13858 |
| A school district required to pay tuition pursuant to | 13859 |
| division (C)(2) or (3) of this section or section 3313.65 of the | 13860 |
| Revised Code shall have an amount deducted under division (F) of | 13861 |
| section 3317.023 of the Revised Code equal to its own tuition rate | 13862 |
| for the same period of attendance. A school district entitled to | 13863 |
| receive tuition pursuant to division (C)(2) or (3) of this section | 13864 |
| or section 3313.65 of the Revised Code shall have an amount | 13865 |
| credited under division (F) of section 3317.023 of the Revised | 13866 |
| Code equal to its own tuition rate for the same period of | 13867 |
| attendance. If the tuition rate credited to the district of | 13868 |
| attendance exceeds the rate deducted from the district required to | 13869 |
| pay tuition, the department of education shall pay the district of | 13870 |
| attendance the difference from amounts deducted from all | 13871 |
| districts' payments under division (F) of section 3317.023 of the | 13872 |
| Revised Code but not credited to other school districts under such | 13873 |
| division and from appropriations made for such purpose. The | 13874 |
| treasurer of each school district shall, by the fifteenth day of | 13875 |
| January and July, furnish the superintendent of public instruction | 13876 |
| a report of the names of each child who attended the district's | 13877 |
| schools under divisions (C)(2) and (3) of this section or section | 13878 |
| 3313.65 of the Revised Code during the preceding six calendar | 13879 |
| months, the duration of the attendance of those children, the | 13880 |
| school district responsible for tuition on behalf of the child, | 13881 |
| and any other information that the superintendent requires. | 13882 |
| Upon receipt of the report the superintendent, pursuant to | 13883 |
| division (F) of section 3317.023 of the Revised Code, shall deduct | 13884 |
| each district's tuition obligations under divisions (C)(2) and (3) | 13885 |
| of this section or section 3313.65 of the Revised Code and pay to | 13886 |
| the district of attendance that amount plus any amount required to | 13887 |
| be paid by the state. | 13888 |
| (K) In the event of a disagreement, the superintendent of | 13889 |
| public instruction shall determine the school district in which | 13890 |
| the parent resides. | 13891 |
| (L) Nothing in this section requires or authorizes, or shall | 13892 |
| be construed to require or authorize, the admission to a public | 13893 |
| school in this state of a pupil who has been permanently excluded | 13894 |
| from public school attendance by the superintendent of public | 13895 |
| instruction pursuant to sections 3301.121 and 3313.662 of the | 13896 |
| Revised Code. | 13897 |
| (M) In accordance with division (B)(1) of this section, a | 13898 |
| child whose parent is a member of the national guard or a reserve | 13899 |
| unit of the armed forces of the United States and is called to | 13900 |
| active duty, or a child whose parent is a member of the armed | 13901 |
| forces of the United States and is ordered to a temporary duty | 13902 |
| assignment outside of the district, may continue to attend school | 13903 |
| in the district in which the child's parent lived before being | 13904 |
| called to active duty or ordered to a temporary duty assignment | 13905 |
| outside of the district, as long as the child's parent continues | 13906 |
| to be a resident of that district, and regardless of where the | 13907 |
| child lives as a result of the parent's active duty status or | 13908 |
| temporary duty assignment. However, the district is not | 13909 |
| responsible for providing transportation for the child if the | 13910 |
| child lives outside of the district as a result of the parent's | 13911 |
| active duty status or temporary duty assignment. | 13912 |
| Sec. 3313.6410. This section applies to any school that is | 13913 |
| operated by a school district and in which the enrolled students | 13914 |
| work primarily on assignments in nonclassroom-based learning | 13915 |
| opportunities provided via an internet- or other computer-based | 13916 |
| instructional method. | 13917 |
| (A) Any school to which this section applies shall withdraw | 13918 |
| from the school any student who, for two consecutive school years, | 13919 |
| has failed to participate in the spring administration of any test | 13920 |
| prescribed under section 3301.0710 or 3301.0712 of the Revised | 13921 |
| Code for the student's grade level and was not excused from the | 13922 |
| test pursuant to division (C)(1) or (3) of section 3301.0711 of | 13923 |
| the Revised Code, regardless of whether a waiver was granted for | 13924 |
| the student under division (E) of section 3317.03 of the Revised | 13925 |
| Code. The school shall report any such student's data verification | 13926 |
| code, as assigned pursuant to section 3301.0714 of the Revised | 13927 |
| Code, to the department of education to be added to the list | 13928 |
| maintained by the department under section 3314.26 of the Revised | 13929 |
| Code. | 13930 |
| (B) No school to which this section applies shall receive any | 13931 |
| state funds under Chapter 3317. of the Revised Code for any | 13932 |
| enrolled student whose data verification code appears on the list | 13933 |
| maintained by the department under section 3314.26 of the Revised | 13934 |
| Code. Notwithstanding any provision of the Revised Code to the | 13935 |
| contrary, the parent of any such student shall pay tuition to the | 13936 |
| school district that operates the school in an amount equal to the | 13937 |
| state funds the district otherwise would receive for that student, | 13938 |
| as determined by the department. A school to which this section | 13939 |
| applies may withdraw any student for whom the parent does not pay | 13940 |
| tuition as required by this division. | 13941 |
| Sec. 3313.813. (A) As used in this section: | 13942 |
| (1) "Outdoor education center" means a public or nonprofit | 13943 |
| private entity that provides to pupils enrolled in any public or | 13944 |
| chartered nonpublic elementary or secondary school an outdoor | 13945 |
| educational curriculum that the school considers to be part of its | 13946 |
| educational program. | 13947 |
| (2) "Outside-school-hours care center" has the meaning | 13948 |
| established in 7 C.F.R. 226.2. | 13949 |
| (B) The state board of education shall establish standards | 13950 |
| for a school lunch program, school breakfast program, child and | 13951 |
| adult care food program, special food service program for | 13952 |
| children, summer food service program for children, special milk | 13953 |
| program for children, food service equipment assistance program, | 13954 |
| and commodity distribution program established under the "National | 13955 |
| School Lunch Act," 60 Stat. 230 (1946), 42 U.S.C. 1751, as | 13956 |
| amended, and the "Child Nutrition Act of 1966," 80 Stat. 885, 42 | 13957 |
| U.S.C. 1771, as amended. Any board of education of a school | 13958 |
| district, nonprofit private school, outdoor education center, | 13959 |
| child care institution, outside-school-hours care center, or | 13960 |
| summer camp desiring to participate in such a program or required | 13961 |
| to participate under this section shall, if eligible to | 13962 |
| participate under the "National School Lunch Act," as amended, or | 13963 |
| the "Child Nutrition Act of 1966," as amended, make application to | 13964 |
| the state board of education for assistance. The board shall | 13965 |
| administer the allocation and distribution of all state and | 13966 |
| federal funds for these programs. | 13967 |
| (C) The state board of education shall require the board of | 13968 |
|
education of each school district | 13969 |
| establish
and
maintain a school breakfast
| 13970 |
| food service program pursuant to the "National School Lunch Act" | 13971 |
| and
the "Child Nutrition Act of 1966 | 13972 |
| (C)(1) to (4) of this section. | 13973 |
| (1) The state board shall require the board of education in | 13974 |
| each school district to establish a breakfast program in every | 13975 |
|
school where at least | 13976 |
| school are eligible under federal requirements for free breakfasts | 13977 |
| and to establish a lunch program in every school where at least | 13978 |
| 13979 | |
| The board of education required to establish a breakfast program | 13980 |
| under this division may make a charge in accordance with federal | 13981 |
| requirements for each reduced price breakfast or paid breakfast to | 13982 |
| cover the cost incurred in providing that meal. | 13983 |
| (2) The state board shall require the board of education in | 13984 |
| each school district to establish a breakfast program in every | 13985 |
| school in which the parents of at least one-half of the children | 13986 |
| enrolled in the school have requested that the breakfast program | 13987 |
| be established. The board of education required to establish a | 13988 |
| program under this division may make a charge for each meal to | 13989 |
| cover all or part of the costs incurred in establishing such a | 13990 |
| program. | 13991 |
| (3) The state board of education shall require the board of | 13992 |
| education in each school district to establish one of the | 13993 |
| following for summer intervention services described in division | 13994 |
| (D) of section 3301.0711 and section 3313.608 of the Revised Code | 13995 |
| and any other summer intervention program required by law: | 13996 |
| (a) An extension of the school breakfast program pursuant to | 13997 |
| the "National School Lunch Act" and the "Child Nutrition Act of | 13998 |
| 1966"; | 13999 |
| (b) An extension of the school lunch program pursuant to | 14000 |
| those acts; | 14001 |
| (c) A summer food service program pursuant to those acts. | 14002 |
| (4)(a) If the board of education of a school district | 14003 |
| determines that, for financial reasons, it cannot comply with | 14004 |
| division (C)(1) or (3) of this section, the district board may | 14005 |
| choose not to comply with either or both divisions, except as | 14006 |
| provided in division (C)(4)(b) of this section. The district board | 14007 |
| publicly shall communicate to the residents of the district, in | 14008 |
| the manner it determines appropriate, its decision not to comply. | 14009 |
| (b) If a district board chooses not to comply with division | 14010 |
| (C)(1) of this section, the state board of education nevertheless | 14011 |
| shall require the district board to establish a breakfast program | 14012 |
| in every school where at least one-third of the pupils in the | 14013 |
| school are eligible under federal requirements for free breakfasts | 14014 |
| and to establish a lunch program in every school where at least | 14015 |
| one-third of the pupils are eligible for free lunches. The | 14016 |
| district board may make a charge in accordance with federal | 14017 |
| requirements for each reduced price breakfast or paid breakfast to | 14018 |
| cover the cost incurred in providing that meal. | 14019 |
| (c) If a school district cannot for good cause comply with | 14020 |
|
the requirements of division (C) | 14021 |
| section at the time the state board determines that a district is | 14022 |
| subject to these requirements, the state board of education shall | 14023 |
| grant a reasonable extension of time. Good cause for an extension | 14024 |
| of time shall include, but need not be limited to, economic | 14025 |
| impossibility of compliance with the requirements at the time the | 14026 |
| state board determines that a district is subject to them. | 14027 |
| (D)(1) The state board of education shall accept the | 14028 |
| application of any outdoor education center in the state making | 14029 |
| application for participation in a program pursuant to division | 14030 |
| (B) of this section. | 14031 |
| (2) For purposes of participation in any program pursuant to | 14032 |
| this section, the board shall certify any outdoor education center | 14033 |
| making application as an educational unit that is part of the | 14034 |
| educational system of the state, if the center: | 14035 |
| (a) Meets the definition of an outdoor education center; | 14036 |
| (b) Provides its outdoor education curriculum to pupils on an | 14037 |
| overnight basis so that pupils are in residence at the center for | 14038 |
| more than twenty-four consecutive hours; | 14039 |
| (c) Operates under public or nonprofit private ownership in a | 14040 |
| single building or complex of buildings. | 14041 |
| (3) The board shall approve any outdoor education center | 14042 |
| certified under this division for participation in the program for | 14043 |
| which the center is making application on the same basis as any | 14044 |
| other applicant for that program. | 14045 |
| Sec. 3314.02. (A) As used in this chapter: | 14046 |
| (1) "Sponsor" means an entity listed in division (C)(1) of | 14047 |
| this section, which has been approved by the department of | 14048 |
| education to sponsor community schools and with which the | 14049 |
| governing authority of the proposed community school enters into a | 14050 |
| contract pursuant to this section. | 14051 |
| (2) "Pilot project area" means the school districts included | 14052 |
| in the territory of the former community school pilot project | 14053 |
| established by former Section 50.52 of Am. Sub. H.B. No. 215 of | 14054 |
| the 122nd general assembly. | 14055 |
| (3) "Challenged school district" means any of the following: | 14056 |
| (a) A school district that is part of the pilot project area; | 14057 |
| (b) A school district that is either in a state of academic | 14058 |
| emergency or in a state of academic watch under section 3302.03 of | 14059 |
| the Revised Code; | 14060 |
| (c) A big eight school district. | 14061 |
| (4) "Big eight school district" means a school district that | 14062 |
| for fiscal year 1997 had both of the following: | 14063 |
| (a) A percentage of children residing in the district and | 14064 |
| participating in the predecessor of Ohio works first greater than | 14065 |
| thirty per cent, as reported pursuant to section 3317.10 of the | 14066 |
| Revised Code; | 14067 |
| (b) An average daily membership greater than twelve thousand, | 14068 |
| as reported pursuant to former division (A) of section 3317.03 of | 14069 |
| the Revised Code. | 14070 |
| (5) "New start-up school" means a community school other than | 14071 |
| one created by converting all or part of an existing public | 14072 |
| school, as designated in the school's contract pursuant to | 14073 |
| division (A)(17) of section 3314.03 of the Revised Code. | 14074 |
| (6) "Urban school district" means one of the state's | 14075 |
| twenty-one urban school districts as defined in division (O) of | 14076 |
| section 3317.02 of the Revised Code as that section existed prior | 14077 |
| to July 1, 1998. | 14078 |
| (7) "Internet- or computer-based community school" means a | 14079 |
| community school established under this chapter in which the | 14080 |
| enrolled students work primarily from their residences on | 14081 |
| assignments in nonclassroom-based learning opportunities provided | 14082 |
| via an internet- or other computer-based instructional method that | 14083 |
| does not rely on regular classroom instruction or via | 14084 |
| comprehensive instructional methods that include internet-based, | 14085 |
| other computer-based, and noncomputer-based learning | 14086 |
| opportunities. | 14087 |
| (B) Any person or group of individuals may initially propose | 14088 |
| under this division the conversion of all or a portion of a public | 14089 |
| school to a community school. The proposal shall be made to the | 14090 |
| board of education of the city, local, or exempted village school | 14091 |
| district in which the public school is proposed to be converted. | 14092 |
| Upon receipt of a proposal, a board may enter into a preliminary | 14093 |
| agreement with the person or group proposing the conversion of the | 14094 |
| public school, indicating the intention of the board of education | 14095 |
| to support the conversion to a community school. A proposing | 14096 |
| person or group that has a preliminary agreement under this | 14097 |
| division may proceed to finalize plans for the school, establish a | 14098 |
| governing authority for the school, and negotiate a contract with | 14099 |
| the board of education. Provided the proposing person or group | 14100 |
| adheres to the preliminary agreement and all provisions of this | 14101 |
| chapter, the board of education shall negotiate in good faith to | 14102 |
| enter into a contract in accordance with section 3314.03 of the | 14103 |
| Revised Code and division (C) of this section. | 14104 |
| (C)(1) Any person or group of individuals may propose under | 14105 |
| this division the establishment of a new start-up school to be | 14106 |
| located in a challenged school district. The proposal may be made | 14107 |
| to any of the following entities: | 14108 |
| (a) The board of education of the district in which the | 14109 |
| school is proposed to be located; | 14110 |
| (b) The board of education of any joint vocational school | 14111 |
| district with territory in the county in which is located the | 14112 |
| majority of the territory of the district in which the school is | 14113 |
| proposed to be located; | 14114 |
| (c) The board of education of any other city, local, or | 14115 |
| exempted village school district having territory in the same | 14116 |
| county where the district in which the school is proposed to be | 14117 |
| located has the major portion of its territory; | 14118 |
| (d) The governing board of any educational service center; | 14119 |
| (e) A sponsoring authority designated by the board of | 14120 |
| trustees of any of the thirteen state universities listed in | 14121 |
| section 3345.011 of the Revised Code or the board of trustees | 14122 |
| itself as long as a mission of the proposed school to be specified | 14123 |
| in the contract under division (A)(2) of section 3314.03 of the | 14124 |
| Revised Code and as approved by the department of education under | 14125 |
| division (B)(2) of section 3314.015 of the Revised Code will be | 14126 |
| the practical demonstration of teaching methods, educational | 14127 |
| technology, or other teaching practices that are included in the | 14128 |
| curriculum of the university's teacher preparation program | 14129 |
| approved by the state board of education; | 14130 |
| (f) Any qualified tax-exempt entity under section 501(c)(3) | 14131 |
| of the Internal Revenue Code as long as all of the following | 14132 |
| conditions are satisfied: | 14133 |
| (i) The entity has been in operation for at least five years | 14134 |
| prior to applying to be a community school sponsor. | 14135 |
| (ii) The entity has assets of at least five hundred thousand | 14136 |
| dollars and a demonstrated record of financial responsibility. | 14137 |
| (iii) The department of education has determined that the | 14138 |
| entity is an education-oriented entity under division (B)(3) of | 14139 |
| section 3314.015 of the Revised Code and the entity has a | 14140 |
| demonstrated record of successful implementation of educational | 14141 |
| programs. | 14142 |
| (iv) The entity is not a community school. | 14143 |
| Any entity described in division (C)(1) of this section may | 14144 |
| enter into a preliminary agreement pursuant to division (C)(2) of | 14145 |
| this section with the proposing person or group. | 14146 |
| (2) A preliminary agreement indicates the intention of an | 14147 |
| entity described in division (C)(1) of this section to sponsor the | 14148 |
| community school. A proposing person or group that has such a | 14149 |
| preliminary agreement may proceed to finalize plans for the | 14150 |
| school, establish a governing authority as described in division | 14151 |
| (E) of this section for the school, and negotiate a contract with | 14152 |
| the entity. Provided the proposing person or group adheres to the | 14153 |
| preliminary agreement and all provisions of this chapter, the | 14154 |
| entity shall negotiate in good faith to enter into a contract in | 14155 |
| accordance with section 3314.03 of the Revised Code. | 14156 |
| (3) A new start-up school that is established in a school | 14157 |
| district while that district is either in a state of academic | 14158 |
| emergency or in a state of academic watch under section 3302.03 of | 14159 |
| the Revised Code may continue in existence once the school | 14160 |
| district is no longer in a state of academic emergency or academic | 14161 |
| watch, provided there is a valid contract between the school and a | 14162 |
| sponsor. | 14163 |
| (4) A copy of every preliminary agreement entered into under | 14164 |
| this division shall be filed with the superintendent of public | 14165 |
| instruction. | 14166 |
| (D) A majority vote of the board of a sponsoring entity and a | 14167 |
| majority vote of the members of the governing authority of a | 14168 |
| community school shall be required to adopt a contract and convert | 14169 |
| the public school to a community school or establish the new | 14170 |
|
start-up school. Beginning | 14171 |
| September 29, 2005, adoption of the contract shall occur not later | 14172 |
| than the fifteenth day of March, and signing of the contract shall | 14173 |
| occur not later than the fifteenth day of May, prior to the school | 14174 |
| year in which the school will open. The governing authority shall | 14175 |
| notify the department of education when the contract has been | 14176 |
| signed. Subject to sections 3314.013 and 3314.014 of the Revised | 14177 |
| Code, an unlimited number of community schools may be established | 14178 |
| in any school district provided that a contract is entered into | 14179 |
| for each community school pursuant to this chapter. | 14180 |
| (E) As used in this division, "immediate relatives" are | 14181 |
| limited to spouses, children, parents, grandparents, siblings, and | 14182 |
| in-laws. | 14183 |
| Each new start-up community school established under this | 14184 |
| chapter shall be under the direction of a governing authority | 14185 |
| which shall consist of a board of not less than five individuals | 14186 |
| who are not owners or employees, or immediate relatives of owners | 14187 |
| or employees, of any for-profit firm that operates or manages a | 14188 |
| school for the governing authority. | 14189 |
| No person shall serve on the governing authority or operate | 14190 |
| the community school under contract with the governing authority | 14191 |
| so long as the person owes the state any money or is in a dispute | 14192 |
| over whether the person owes the state any money concerning the | 14193 |
| operation of a community school that has closed. | 14194 |
| (F) Nothing in this chapter shall be construed to permit the | 14195 |
| establishment of a community school in more than one school | 14196 |
| district under the same contract. | 14197 |
| (G)(1) A new start-up school that is established prior to | 14198 |
| August 15, 2003, in an urban school district that is not also a | 14199 |
| big-eight school district may continue to operate after that date | 14200 |
| and the contract between the school's governing authority and the | 14201 |
| school's sponsor may be renewed, as provided under this chapter, | 14202 |
| after that date, but no additional new start-up schools may be | 14203 |
| established in such a district unless the district is a challenged | 14204 |
| school district as defined in this section as it exists on and | 14205 |
| after that date. | 14206 |
| (2) A community school that was established prior to June 29, | 14207 |
| 1999, and is located in a county contiguous to the pilot project | 14208 |
| area and in a school district that is not a challenged school | 14209 |
| district may continue to operate after that date, provided the | 14210 |
| school complies with all provisions of this chapter. The contract | 14211 |
| between the school's governing authority and the school's sponsor | 14212 |
| may be renewed, but no additional start-up community school may be | 14213 |
| established in that district unless the district is a challenged | 14214 |
| school district. | 14215 |
| Sec. 3314.03. A copy of every contract entered into under | 14216 |
| this section shall be filed with the superintendent of public | 14217 |
| instruction. | 14218 |
| (A) Each contract entered into between a sponsor and the | 14219 |
| governing authority of a community school shall specify the | 14220 |
| following: | 14221 |
| (1) That the school shall be established as either of the | 14222 |
| following: | 14223 |
| (a) A nonprofit corporation established under Chapter 1702. | 14224 |
| of the Revised Code, if established prior to April 8, 2003; | 14225 |
| (b) A public benefit corporation established under Chapter | 14226 |
| 1702. of the Revised Code, if established after April 8, 2003; | 14227 |
| (2) The education program of the school, including the | 14228 |
| school's mission, the characteristics of the students the school | 14229 |
| is expected to attract, the ages and grades of students, and the | 14230 |
| focus of the curriculum; | 14231 |
| (3) The academic goals to be achieved and the method of | 14232 |
| measurement that will be used to determine progress toward those | 14233 |
| goals, which shall include the statewide achievement tests; | 14234 |
| (4) Performance standards by which the success of the school | 14235 |
| will be evaluated by the sponsor. If the sponsor will evaluate the | 14236 |
| school in accordance with division (D) of section 3314.36 of the | 14237 |
| Revised Code, the contract shall specify the number of school | 14238 |
| years that the school will be evaluated under that division. | 14239 |
| (5) The admission standards of section 3314.06 of the Revised | 14240 |
| Code and, if applicable, section 3314.061 of the Revised Code; | 14241 |
| (6)(a) Dismissal procedures; | 14242 |
| (b) A requirement that the governing authority adopt an | 14243 |
| attendance policy that includes a procedure for automatically | 14244 |
| withdrawing a student from the school if the student without a | 14245 |
| legitimate excuse fails to participate in one hundred five | 14246 |
| consecutive hours of the learning opportunities offered to the | 14247 |
| student. | 14248 |
| (7) The ways by which the school will achieve racial and | 14249 |
| ethnic balance reflective of the community it serves; | 14250 |
| (8) Requirements for financial audits by the auditor of | 14251 |
| state. The contract shall require financial records of the school | 14252 |
| to be maintained in the same manner as are financial records of | 14253 |
| school districts, pursuant to rules of the auditor of state, and | 14254 |
| the audits shall be conducted in accordance with section 117.10 of | 14255 |
| the Revised Code. | 14256 |
| (9) The facilities to be used and their locations; | 14257 |
| (10) Qualifications of teachers, including a requirement that | 14258 |
| the school's classroom teachers be licensed in accordance with | 14259 |
| sections 3319.22 to 3319.31 of the Revised Code, except that a | 14260 |
| community school may engage noncertificated persons to teach up to | 14261 |
| twelve hours per week pursuant to section 3319.301 of the Revised | 14262 |
| Code; | 14263 |
| (11) That the school will comply with the following | 14264 |
| requirements: | 14265 |
| (a) The school will provide learning opportunities to a | 14266 |
| minimum of twenty-five students for a minimum of nine hundred | 14267 |
| twenty hours per school year; | 14268 |
| (b) The governing authority will purchase liability | 14269 |
| insurance, or otherwise provide for the potential liability of the | 14270 |
| school; | 14271 |
| (c) The school will be nonsectarian in its programs, | 14272 |
| admission policies, employment practices, and all other | 14273 |
| operations, and will not be operated by a sectarian school or | 14274 |
| religious institution; | 14275 |
| (d) The school will comply with sections 9.90, 9.91, 109.65, | 14276 |
| 121.22, 149.43, 2151.358, 2151.421, 2313.18, 3301.0710, 3301.0711, | 14277 |
| 3301.0712, 3301.0715, 3313.50, 3313.608, 3313.6012, 3313.643, | 14278 |
| 3313.648, 3313.66, 3313.661, 3313.662, 3313.67, 3313.671, | 14279 |
| 3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.80, 3313.96, | 14280 |
| 3319.073, 3319.321, 3319.39, 3321.01, 3321.13, 3321.14, 3321.17, | 14281 |
| 3321.18, 3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and | 14282 |
| 5705.391 and Chapters 117., 1347., 2744., 3365., 3742., 4112., | 14283 |
| 4123., 4141., and 4167. of the Revised Code as if it were a school | 14284 |
| district and will comply with section 3301.0714 of the Revised | 14285 |
| Code in the manner specified in section 3314.17 of the Revised | 14286 |
| Code; | 14287 |
| (e) The school shall comply with Chapter 102. | 14288 |
| 14289 | |
| 14290 | |
| 14291 | |
|
Revised Code | 14292 |
| 14293 | |
| 14294 | |
| 14295 | |
| 14296 |
| (f) The school will comply with sections 3313.61, 3313.611, | 14297 |
| and 3313.614 of the Revised Code, except that the requirement in | 14298 |
| sections 3313.61 and 3313.611 of the Revised Code that a person | 14299 |
| must successfully complete the curriculum in any high school prior | 14300 |
| to receiving a high school diploma may be met by completing the | 14301 |
| curriculum adopted by the governing authority of the community | 14302 |
| school rather than the curriculum specified in Title XXXIII of the | 14303 |
| Revised Code or any rules of the state board of education; | 14304 |
| (g) The school governing authority will submit within four | 14305 |
| months after the end of each school year a report of its | 14306 |
| activities and progress in meeting the goals and standards of | 14307 |
| divisions (A)(3) and (4) of this section and its financial status | 14308 |
| to the sponsor, the parents of all students enrolled in the | 14309 |
| school, and the legislative office of education oversight. The | 14310 |
| school will collect and provide any data that the legislative | 14311 |
| office of education oversight requests in furtherance of any study | 14312 |
| or research that the general assembly requires the office to | 14313 |
| conduct, including the studies required under Section 50.39 of Am. | 14314 |
| Sub. H.B. 215 of the 122nd general assembly and Section 50.52.2 of | 14315 |
| Am. Sub. H.B. 215 of the 122nd general assembly, as amended. | 14316 |
| (12) Arrangements for providing health and other benefits to | 14317 |
| employees; | 14318 |
| (13) The length of the contract, which shall begin at the | 14319 |
| beginning of an academic year. No contract shall exceed five years | 14320 |
| unless such contract has been renewed pursuant to division (E) of | 14321 |
| this section. | 14322 |
| (14) The governing authority of the school, which shall be | 14323 |
| responsible for carrying out the provisions of the contract; | 14324 |
| (15) A financial plan detailing an estimated school budget | 14325 |
| for each year of the period of the contract and specifying the | 14326 |
| total estimated per pupil expenditure amount for each such year. | 14327 |
| The plan shall specify for each year the base formula amount that | 14328 |
| will be used for purposes of funding calculations under section | 14329 |
| 3314.08 of the Revised Code. This base formula amount for any year | 14330 |
| shall not exceed the formula amount defined under section 3317.02 | 14331 |
| of the Revised Code. The plan may also specify for any year a | 14332 |
| percentage figure to be used for reducing the per pupil amount of | 14333 |
| the subsidy calculated pursuant to section 3317.029 of the Revised | 14334 |
| Code the school is to receive that year under section 3314.08 of | 14335 |
| the Revised Code. | 14336 |
| (16) Requirements and procedures regarding the disposition of | 14337 |
| employees of the school in the event the contract is terminated or | 14338 |
| not renewed pursuant to section 3314.07 of the Revised Code; | 14339 |
| (17) Whether the school is to be created by converting all or | 14340 |
| part of an existing public school or is to be a new start-up | 14341 |
| school, and if it is a converted public school, specification of | 14342 |
| any duties or responsibilities of an employer that the board of | 14343 |
| education that operated the school before conversion is delegating | 14344 |
| to the governing board of the community school with respect to all | 14345 |
| or any specified group of employees provided the delegation is not | 14346 |
| prohibited by a collective bargaining agreement applicable to such | 14347 |
| employees; | 14348 |
| (18) Provisions establishing procedures for resolving | 14349 |
| disputes or differences of opinion between the sponsor and the | 14350 |
| governing authority of the community school; | 14351 |
| (19) A provision requiring the governing authority to adopt a | 14352 |
| policy regarding the admission of students who reside outside the | 14353 |
| district in which the school is located. That policy shall comply | 14354 |
| with the admissions procedures specified in sections 3314.06 and | 14355 |
| 3314.061 of the Revised Code and, at the sole discretion of the | 14356 |
| authority, shall do one of the following: | 14357 |
| (a) Prohibit the enrollment of students who reside outside | 14358 |
| the district in which the school is located; | 14359 |
| (b) Permit the enrollment of students who reside in districts | 14360 |
| adjacent to the district in which the school is located; | 14361 |
| (c) Permit the enrollment of students who reside in any other | 14362 |
| district in the state. | 14363 |
| (20) A provision recognizing the authority of the department | 14364 |
| of education to take over the sponsorship of the school in | 14365 |
| accordance with the provisions of division (C) of section 3314.015 | 14366 |
| of the Revised Code; | 14367 |
| (21) A provision recognizing the sponsor's authority to | 14368 |
| assume the operation of a school under the conditions specified in | 14369 |
| division (B) of section 3314.073 of the Revised Code; | 14370 |
| (22) A provision recognizing both of the following: | 14371 |
| (a) The authority of public health and safety officials to | 14372 |
| inspect the facilities of the school and to order the facilities | 14373 |
| closed if those officials find that the facilities are not in | 14374 |
| compliance with health and safety laws and regulations; | 14375 |
| (b) The authority of the department of education as the | 14376 |
| community school oversight body to suspend the operation of the | 14377 |
| school under section 3314.072 of the Revised Code if the | 14378 |
| department has evidence of conditions or violations of law at the | 14379 |
| school that pose an imminent danger to the health and safety of | 14380 |
| the school's students and employees and the sponsor refuses to | 14381 |
| take such action; | 14382 |
| (23) A description of the learning opportunities that will be | 14383 |
| offered to students including both classroom-based and | 14384 |
| non-classroom-based learning opportunities that is in compliance | 14385 |
| with criteria for student participation established by the | 14386 |
| department under division (L)(2) of section 3314.08 of the Revised | 14387 |
| Code; | 14388 |
| (24) The school will comply with section 3302.04 of the | 14389 |
| Revised Code, including division (E) of that section to the extent | 14390 |
| possible, except that any action required to be taken by a school | 14391 |
| district pursuant to that section shall be taken by the sponsor of | 14392 |
| the school. However, the sponsor shall not be required to take any | 14393 |
| action described in division (F) of that section. | 14394 |
| (25) Beginning in the 2006-2007 school year, the school will | 14395 |
| open for operation not later than the thirtieth day of September | 14396 |
| each school year, unless the mission of the school as specified | 14397 |
| under division (A)(2) of this section is solely to serve dropouts. | 14398 |
| In its initial year of operation, if the school fails to open by | 14399 |
| the thirtieth day of September, or within one year after the | 14400 |
| adoption of the contract pursuant to division (D) of section | 14401 |
| 3314.02 of the Revised Code if the mission of the school is solely | 14402 |
| to serve dropouts, the contract shall be void. | 14403 |
| (B) The community school shall also submit to the sponsor a | 14404 |
| comprehensive plan for the school. The plan shall specify the | 14405 |
| following: | 14406 |
| (1) The process by which the governing authority of the | 14407 |
| school will be selected in the future; | 14408 |
| (2) The management and administration of the school; | 14409 |
| (3) If the community school is a currently existing public | 14410 |
| school, alternative arrangements for current public school | 14411 |
| students who choose not to attend the school and teachers who | 14412 |
| choose not to teach in the school after conversion; | 14413 |
| (4) The instructional program and educational philosophy of | 14414 |
| the school; | 14415 |
| (5) Internal financial controls. | 14416 |
| (C) A contract entered into under section 3314.02 of the | 14417 |
| Revised Code between a sponsor and the governing authority of a | 14418 |
| community school may provide for the community school governing | 14419 |
| authority to make payments to the sponsor, which is hereby | 14420 |
| authorized to receive such payments as set forth in the contract | 14421 |
| between the governing authority and the sponsor. The total amount | 14422 |
| of such payments for oversight and monitoring of the school shall | 14423 |
| not exceed three per cent of the total amount of payments for | 14424 |
| operating expenses that the school receives from the state. | 14425 |
| (D) The contract shall specify the duties of the sponsor | 14426 |
| which shall be in accordance with the written agreement entered | 14427 |
| into with the department of education under division (B) of | 14428 |
| section 3314.015 of the Revised Code and shall include the | 14429 |
| following: | 14430 |
| (1) Monitor the community school's compliance with all laws | 14431 |
| applicable to the school and with the terms of the contract; | 14432 |
| (2) Monitor and evaluate the academic and fiscal performance | 14433 |
| and the organization and operation of the community school on at | 14434 |
| least an annual basis; | 14435 |
| (3) Report on an annual basis the results of the evaluation | 14436 |
| conducted under division (D)(2) of this section to the department | 14437 |
| of education and to the parents of students enrolled in the | 14438 |
| community school; | 14439 |
| (4) Provide technical assistance to the community school in | 14440 |
| complying with laws applicable to the school and terms of the | 14441 |
| contract; | 14442 |
| (5) Take steps to intervene in the school's operation to | 14443 |
| correct problems in the school's overall performance, declare the | 14444 |
| school to be on probationary status pursuant to section 3314.073 | 14445 |
| of the Revised Code, suspend the operation of the school pursuant | 14446 |
| to section 3314.072 of the Revised Code, or terminate the contract | 14447 |
| of the school pursuant to section 3314.07 of the Revised Code as | 14448 |
| determined necessary by the sponsor; | 14449 |
| (6) Have in place a plan of action to be undertaken in the | 14450 |
| event the community school experiences financial difficulties or | 14451 |
| closes prior to the end of a school year. | 14452 |
| (E) Upon the expiration of a contract entered into under this | 14453 |
| section, the sponsor of a community school may, with the approval | 14454 |
| of the governing authority of the school, renew that contract for | 14455 |
| a period of time determined by the sponsor, but not ending earlier | 14456 |
| than the end of any school year, if the sponsor finds that the | 14457 |
| school's compliance with applicable laws and terms of the contract | 14458 |
| and the school's progress in meeting the academic goals prescribed | 14459 |
| in the contract have been satisfactory. Any contract that is | 14460 |
| renewed under this division remains subject to the provisions of | 14461 |
| sections 3314.07, 3314.072, and 3314.073 of the Revised Code. | 14462 |
| (F) If a community school fails to open for operation within | 14463 |
| one year after the contract entered into under this section is | 14464 |
| adopted pursuant to division (D) of section 3314.02 of the Revised | 14465 |
| Code or permanently closes prior to the expiration of the | 14466 |
| contract, the contract shall be void and the school shall not | 14467 |
| enter into a contract with any other sponsor. A school shall not | 14468 |
| be considered permanently closed because the operations of the | 14469 |
| school have been suspended pursuant to section 3314.072 of the | 14470 |
| Revised Code. Any contract that becomes void under this division | 14471 |
| shall not count toward any statewide limit on the number of such | 14472 |
| contracts prescribed by section 3314.013 of the Revised Code. | 14473 |
| Sec. 3314.08. (A) As used in this section: | 14474 |
| (1) "Base formula amount" means the amount specified as such | 14475 |
| in a community school's financial plan for a school year pursuant | 14476 |
| to division (A)(15) of section 3314.03 of the Revised Code. | 14477 |
| (2) "Cost-of-doing-business factor" has the same meaning as | 14478 |
| in section 3317.02 of the Revised Code. | 14479 |
| (3) "IEP" means an individualized education program as | 14480 |
| defined in section 3323.01 of the Revised Code. | 14481 |
| (4) "Applicable special education weight" means the multiple | 14482 |
| specified in section 3317.013 of the Revised Code for a handicap | 14483 |
| described in that section. | 14484 |
| (5) "Applicable vocational education weight" means: | 14485 |
| (a) For a student enrolled in vocational education programs | 14486 |
| or classes described in division (A) of section 3317.014 of the | 14487 |
| Revised Code, the multiple specified in that division; | 14488 |
| (b) For a student enrolled in vocational education programs | 14489 |
| or classes described in division (B) of section 3317.014 of the | 14490 |
| Revised Code, the multiple specified in that division. | 14491 |
| (6) "Entitled to attend school" means entitled to attend | 14492 |
| school in a district under section 3313.64 or 3313.65 of the | 14493 |
| Revised Code. | 14494 |
| (7) A community school student is "included in the poverty | 14495 |
| student count" of a school district if the student is entitled to | 14496 |
| attend school in the district and the student's family receives | 14497 |
| assistance under the Ohio works first program. | 14498 |
| (8) "Poverty-based assistance reduction factor" means the | 14499 |
| percentage figure, if any, for reducing the per pupil amount of | 14500 |
| poverty-based assistance a community school is entitled to receive | 14501 |
| pursuant to divisions (D)(5) and (6) of this section in any year, | 14502 |
| as specified in the school's financial plan for the year pursuant | 14503 |
| to division (A)(15) of section 3314.03 of the Revised Code. | 14504 |
| (9) "All-day kindergarten" has the same meaning as in section | 14505 |
| 3317.029 of the Revised Code. | 14506 |
| (10) "SF-3 payment" means the sum of the payments to a school | 14507 |
| district in a fiscal year under divisions (A), (C)(1), (C)(4), | 14508 |
| (D), (E), and (F) of section 3317.022, divisions | 14509 |
| and | 14510 |
| 3317.0217, 3317.04, 3317.05, 3317.052, and 3317.053 of the Revised | 14511 |
| Code after making the adjustments required by sections 3313.981 | 14512 |
| and 3313.979, divisions (B), (C), (D), (E), (K), (L), (M), (N), | 14513 |
| and (O) of section 3317.023, and division (C) of section 3317.20 | 14514 |
| of the Revised Code. | 14515 |
| (B) The state board of education shall adopt rules requiring | 14516 |
| both of the following: | 14517 |
| (1) The board of education of each city, exempted village, | 14518 |
| and local school district to annually report the number of | 14519 |
| students entitled to attend school in the district who are | 14520 |
| enrolled in grades one through twelve in a community school | 14521 |
| established under this chapter, the number of students entitled to | 14522 |
| attend school in the district who are enrolled in kindergarten in | 14523 |
| a community school, the number of those kindergartners who are | 14524 |
| enrolled in all-day kindergarten in their community school, and | 14525 |
| for each child, the community school in which the child is | 14526 |
| enrolled. | 14527 |
| (2) The governing authority of each community school | 14528 |
| established under this chapter to annually report all of the | 14529 |
| following: | 14530 |
| (a) The number of students enrolled in grades one through | 14531 |
| twelve and the number of students enrolled in kindergarten in the | 14532 |
| school who are not receiving special education and related | 14533 |
| services pursuant to an IEP; | 14534 |
| (b) The number of enrolled students in grades one through | 14535 |
| twelve and the number of enrolled students in kindergarten, who | 14536 |
| are receiving special education and related services pursuant to | 14537 |
| an IEP; | 14538 |
| (c) The number of students reported under division (B)(2)(b) | 14539 |
| of this section receiving special education and related services | 14540 |
| pursuant to an IEP for a handicap described in each of divisions | 14541 |
| (A) to (F) of section 3317.013 of the Revised Code; | 14542 |
| (d) The full-time equivalent number of students reported | 14543 |
| under divisions (B)(2)(a) and (b) of this section who are enrolled | 14544 |
| in vocational education programs or classes described in each of | 14545 |
| divisions (A) and (B) of section 3317.014 of the Revised Code that | 14546 |
| are provided by the community school; | 14547 |
| (e) Twenty per cent of the number of students reported under | 14548 |
| divisions (B)(2)(a) and (b) of this section who are not reported | 14549 |
| under division (B)(2)(d) of this section but who are enrolled in | 14550 |
| vocational education programs or classes described in each of | 14551 |
| divisions (A) and (B) of section 3317.014 of the Revised Code at a | 14552 |
| joint vocational school district under a contract between the | 14553 |
| community school and the joint vocational school district and are | 14554 |
| entitled to attend school in a city, local, or exempted village | 14555 |
| school district whose territory is part of the territory of the | 14556 |
| joint vocational district; | 14557 |
| (f) The number of enrolled preschool handicapped students | 14558 |
| receiving special education services in a state-funded unit; | 14559 |
| (g) The community school's base formula amount; | 14560 |
| (h) For each student, the city, exempted village, or local | 14561 |
| school district in which the student is entitled to attend school; | 14562 |
| (i) Any poverty-based assistance reduction factor that | 14563 |
| applies to a school year. | 14564 |
| (C) From the SF-3 payment made to a city, exempted village, | 14565 |
| or local school district and, if necessary, from the payment made | 14566 |
| to the district under sections 321.24 and 323.156 of the Revised | 14567 |
| Code, the department of education shall annually subtract the sum | 14568 |
| of the amounts described in divisions (C)(1) to (9) of this | 14569 |
| section. However, when deducting payments on behalf of students | 14570 |
| enrolled in internet- or computer-based community schools, the | 14571 |
| department shall deduct only those amounts described in divisions | 14572 |
| (C)(1) and (2) of this section. Furthermore, the aggregate amount | 14573 |
| deducted under this division shall not exceed the sum of the | 14574 |
| district's SF-3 payment and its payment under sections 321.24 and | 14575 |
| 323.156 of the Revised Code. | 14576 |
| (1) An amount equal to the sum of the amounts obtained when, | 14577 |
| for each community school where the district's students are | 14578 |
| enrolled, the number of the district's students reported under | 14579 |
| divisions (B)(2)(a), (b), and (e) of this section who are enrolled | 14580 |
| in grades one through twelve, and one-half the number of students | 14581 |
| reported under those divisions who are enrolled in kindergarten, | 14582 |
| in that community school is multiplied by the greater of the | 14583 |
| following: | 14584 |
| (a) The fiscal year 2005 base formula amount of that | 14585 |
| community school as adjusted by the school district's fiscal year | 14586 |
| 2005 cost-of-doing-business factor; | 14587 |
| (b) The sum of (the current base formula amount of that | 14588 |
| community school times the school district's current | 14589 |
| cost-of-doing-business factor) plus the per pupil amount of the | 14590 |
| base funding supplements specified in divisions (C)(1) to (4) of | 14591 |
| section 3317.012 of the Revised Code. | 14592 |
| (2) The sum of the amounts calculated under divisions | 14593 |
| (C)(2)(a) and (b) of this section: | 14594 |
| (a) For each of the district's students reported under | 14595 |
| division (B)(2)(c) of this section as enrolled in a community | 14596 |
| school in grades one through twelve and receiving special | 14597 |
| education and related services pursuant to an IEP for a handicap | 14598 |
| described in section 3317.013 of the Revised Code, the product of | 14599 |
| the applicable special education weight times the community | 14600 |
| school's base formula amount; | 14601 |
| (b) For each of the district's students reported under | 14602 |
| division (B)(2)(c) of this section as enrolled in kindergarten in | 14603 |
| a community school and receiving special education and related | 14604 |
| services pursuant to an IEP for a handicap described in section | 14605 |
| 3317.013 of the Revised Code, one-half of the amount calculated as | 14606 |
| prescribed in division (C)(2)(a) of this section. | 14607 |
| (3) For each of the district's students reported under | 14608 |
| division (B)(2)(d) of this section for whom payment is made under | 14609 |
| division (D)(4) of this section, the amount of that payment; | 14610 |
| (4) An amount equal to the sum of the amounts obtained when, | 14611 |
| for each community school where the district's students are | 14612 |
| enrolled, the number of the district's students enrolled in that | 14613 |
| community school who are included in the district's poverty | 14614 |
| student count is multiplied by the per pupil amount of | 14615 |
| poverty-based assistance the school district receives that year | 14616 |
| pursuant to division (B) or (C) of section 3317.029 of the Revised | 14617 |
| Code, as adjusted by any poverty-based assistance reduction factor | 14618 |
| of that community school. If the district receives poverty-based | 14619 |
| assistance under division (B) of that section, the per pupil | 14620 |
| amount of that aid is the quotient of the amount the district | 14621 |
| received under that division divided by the district's poverty | 14622 |
| student count, as defined in that section. If the district | 14623 |
| receives poverty-based assistance under division (C) of section | 14624 |
| 3317.029 of the Revised Code, the per pupil amount of that aid for | 14625 |
| the district shall be calculated by the department. | 14626 |
| (5) An amount equal to the sum of the amounts obtained when, | 14627 |
| for each community school where the district's students are | 14628 |
| enrolled, the district's per pupil amount of aid received under | 14629 |
| division (E) of section 3317.029 of the Revised Code, as adjusted | 14630 |
| by any poverty-based assistance reduction factor of the community | 14631 |
| school, is multiplied by the sum of the following: | 14632 |
| (a) The number of the district's students reported under | 14633 |
| division (B)(2)(a) of this section who are enrolled in grades one | 14634 |
| to three in that community school and who are not receiving | 14635 |
| special education and related services pursuant to an IEP; | 14636 |
| (b) One-half of the district's students who are enrolled in | 14637 |
| all-day or any other kindergarten class in that community school | 14638 |
| and who are not receiving special education and related services | 14639 |
| pursuant to an IEP; | 14640 |
| (c) One-half of the district's students who are enrolled in | 14641 |
| all-day kindergarten in that community school and who are not | 14642 |
| receiving special education and related services pursuant to an | 14643 |
| IEP. | 14644 |
| The district's per pupil amount of aid under division (E) of | 14645 |
| section 3317.029 of the Revised Code is the quotient of the amount | 14646 |
| the district received under that division divided by the | 14647 |
| district's kindergarten through third grade ADM, as defined in | 14648 |
| that section. | 14649 |
| (6) An amount equal to the sum of the amounts obtained when, | 14650 |
| for each community school where the district's students are | 14651 |
| enrolled, the district's per pupil amount received under division | 14652 |
| (F) of section 3317.029 of the Revised Code, as adjusted by any | 14653 |
| poverty-based assistance reduction factor of that community | 14654 |
| school, is multiplied by the number of the district's students | 14655 |
| enrolled in the community school who are identified as | 14656 |
| limited-English proficient. | 14657 |
| (7) An amount equal to the sum of the amounts obtained when, | 14658 |
| for each community school where the district's students are | 14659 |
| enrolled, the district's per pupil amount received under division | 14660 |
| (G) of section 3317.029 of the Revised Code, as adjusted by any | 14661 |
| poverty-based assistance reduction factor of that community | 14662 |
| school, is multiplied by the sum of the following: | 14663 |
| (a) The number of the district's students enrolled in grades | 14664 |
| one through twelve in that community school; | 14665 |
| (b) One-half of the number of the district's students | 14666 |
| enrolled in kindergarten in that community school. | 14667 |
| The district's per pupil amount under division (G) of section | 14668 |
| 3317.029 of the Revised Code is the district's amount per teacher | 14669 |
| calculated under division (G)(1) or (2) of that section divided by | 14670 |
| 17, times a multiple of 0.40 in fiscal year 2006 and 0.70 in | 14671 |
| fiscal year 2007. | 14672 |
| (8) An amount equal to the sum of the amounts obtained when, | 14673 |
| for each community school where the district's students are | 14674 |
| enrolled, the district's per pupil amount received under divisions | 14675 |
| (H) and (I) of section 3317.029 of the Revised Code, as adjusted | 14676 |
| by any poverty-based assistance reduction factor of that community | 14677 |
| school, is multiplied by the sum of the following: | 14678 |
| (a) The number of the district's students enrolled in grades | 14679 |
| one through twelve in that community school; | 14680 |
| (b) One-half of the number of the district's students | 14681 |
| enrolled in kindergarten in that community school. | 14682 |
| The district's per pupil amount under divisions (H) and (I) | 14683 |
| of section 3317.029 of the Revised Code is the amount calculated | 14684 |
| under each division divided by the district's formula ADM, as | 14685 |
| defined in section 3317.02 of the Revised Code. | 14686 |
| (9) An amount equal to the per pupil state parity aid funding | 14687 |
| calculated for the school district under either division (C) or | 14688 |
| (D) of section 3317.0217 of the Revised Code multiplied by the sum | 14689 |
| of the number of students in grades one through twelve, and | 14690 |
| one-half of the number of students in kindergarten, who are | 14691 |
| entitled to attend school in the district and are enrolled in a | 14692 |
| community school as reported under division (B)(1) of this | 14693 |
| section. | 14694 |
| (D) The department shall annually pay to a community school | 14695 |
| established under this chapter the sum of the amounts described in | 14696 |
| divisions (D)(1) to (10) of this section. However, the department | 14697 |
| shall calculate and pay to each internet- or computer-based | 14698 |
| community school only the amounts described in divisions (D)(1) to | 14699 |
| (3) of this section. Furthermore, the sum of the payments to all | 14700 |
| community schools under divisions (D)(1), (2), and (4) to (10) of | 14701 |
| this section for the students entitled to attend school in any | 14702 |
| particular school district shall not exceed the sum of that | 14703 |
| district's SF-3 payment and its payment under sections 321.24 and | 14704 |
| 323.156 of the Revised Code. If the sum of the payments calculated | 14705 |
| under those divisions for the students entitled to attend school | 14706 |
| in a particular school district exceeds the sum of that district's | 14707 |
| SF-3 payment and its payment under sections 321.24 and 323.156 of | 14708 |
| the Revised Code, the department shall calculate and apply a | 14709 |
| proration factor to the payments to all community schools under | 14710 |
| those divisions for the students entitled to attend school in that | 14711 |
| district. | 14712 |
| (1) Subject to section 3314.085 of the Revised Code, an | 14713 |
| amount equal to the sum of the amounts obtained when the number of | 14714 |
| students enrolled in grades one through twelve, plus one-half of | 14715 |
| the kindergarten students in the school, reported under divisions | 14716 |
| (B)(2)(a), (b), and (e) of this section who are not receiving | 14717 |
| special education and related services pursuant to an IEP for a | 14718 |
| handicap described in section 3317.013 of the Revised Code is | 14719 |
| multiplied by the greater of the following: | 14720 |
| (a) The community school's fiscal year 2005 base formula | 14721 |
| amount, as adjusted by the fiscal year 2005 cost-of-doing-business | 14722 |
| factor of the school district in which the student is entitled to | 14723 |
| attend school; | 14724 |
| (b) The sum of (the community school's current base formula | 14725 |
| amount times the current cost-of-doing-business factor of the | 14726 |
| school district in which the student is entitled to attend school) | 14727 |
| plus the per pupil amount of the base funding supplements | 14728 |
| specified in divisions (C)(1) to (4) of section 3317.012 of the | 14729 |
| Revised Code. | 14730 |
| (2) Prior to fiscal year 2007, the greater of the amount | 14731 |
| calculated under division (D)(2)(a) or (b) of this section, and in | 14732 |
| fiscal year 2007 and thereafter, the amount calculated under | 14733 |
| division (D)(2)(b) of this section: | 14734 |
| (a) The aggregate amount that the department paid to the | 14735 |
| community school in fiscal year 1999 for students receiving | 14736 |
| special education and related services pursuant to IEPs, excluding | 14737 |
| federal funds and state disadvantaged pupil impact aid funds; | 14738 |
| (b) The sum of the amounts calculated under divisions | 14739 |
| (D)(2)(b)(i) and (ii) of this section: | 14740 |
| (i) For each student reported under division (B)(2)(c) of | 14741 |
| this section as enrolled in the school in grades one through | 14742 |
| twelve and receiving special education and related services | 14743 |
| pursuant to an IEP for a handicap described in section 3317.013 of | 14744 |
| the Revised Code, the following amount: | 14745 |
| 14746 |
| 14747 |
| 14748 |
| 14749 |
| 14750 |
| 14751 |
| 14752 |
| 14753 |
| 14754 |
| 14755 |
| 14756 |
| (ii) For each student reported under division (B)(2)(c) of | 14757 |
| this section as enrolled in kindergarten and receiving special | 14758 |
| education and related services pursuant to an IEP for a handicap | 14759 |
| described in section 3317.013 of the Revised Code, one-half of the | 14760 |
| amount calculated under the formula prescribed in division | 14761 |
| (D)(2)(b)(i) of this section. | 14762 |
| (3) An amount received from federal funds to provide special | 14763 |
| education and related services to students in the community | 14764 |
| school, as determined by the superintendent of public instruction. | 14765 |
| (4) For each student reported under division (B)(2)(d) of | 14766 |
| this section as enrolled in vocational education programs or | 14767 |
| classes that are described in section 3317.014 of the Revised | 14768 |
| Code, are provided by the community school, and are comparable as | 14769 |
| determined by the superintendent of public instruction to school | 14770 |
| district vocational education programs and classes eligible for | 14771 |
| state weighted funding under section 3317.014 of the Revised Code, | 14772 |
| an amount equal to the applicable vocational education weight | 14773 |
| times the community school's base formula amount times the | 14774 |
| percentage of time the student spends in the vocational education | 14775 |
| programs or classes. | 14776 |
| (5) An amount equal to the sum of the amounts obtained when, | 14777 |
| for each school district where the community school's students are | 14778 |
| entitled to attend school, the number of that district's students | 14779 |
| enrolled in the community school who are included in the | 14780 |
| district's poverty student count is multiplied by the per pupil | 14781 |
| amount of poverty-based assistance that school district receives | 14782 |
| that year pursuant to division (B) or (C) of section 3317.029 of | 14783 |
| the Revised Code, as adjusted by any poverty-based assistance | 14784 |
| reduction factor of the community school. The per pupil amount of | 14785 |
| aid shall be determined as described in division (C)(4) of this | 14786 |
| section. | 14787 |
| (6) An amount equal to the sum of the amounts obtained when, | 14788 |
| for each school district where the community school's students are | 14789 |
| entitled to attend school, the district's per pupil amount of aid | 14790 |
| received under division (E) of section 3317.029 of the Revised | 14791 |
| Code, as adjusted by any poverty-based assistance reduction | 14792 |
| factor of the community school, is multiplied by the sum of the | 14793 |
| following: | 14794 |
| (a) The number of the district's students reported under | 14795 |
| division (B)(2)(a) of this section who are enrolled in grades one | 14796 |
| to three in that community school and who are not receiving | 14797 |
| special education and related services pursuant to an IEP; | 14798 |
| (b) One-half of the district's students who are enrolled in | 14799 |
| all-day or any other kindergarten class in that community school | 14800 |
| and who are not receiving special education and related services | 14801 |
| pursuant to an IEP; | 14802 |
| (c) One-half of the district's students who are enrolled in | 14803 |
| all-day kindergarten in that community school and who are not | 14804 |
| receiving special education and related services pursuant to an | 14805 |
| IEP. | 14806 |
| The district's per pupil amount of aid under division (E) of | 14807 |
| section 3317.029 of the Revised Code shall be determined as | 14808 |
| described in division (C)(5) of this section. | 14809 |
| (7) An amount equal to the sum of the amounts obtained when, | 14810 |
| for each school district where the community school's students are | 14811 |
| entitled to attend school, the number of that district's students | 14812 |
| enrolled in the community school who are identified as | 14813 |
| limited-English proficient is multiplied by the district's per | 14814 |
| pupil amount received under division (F) of section 3317.029 of | 14815 |
| the Revised Code, as adjusted by any poverty-based assistance | 14816 |
| reduction factor of the community school. | 14817 |
| (8) An amount equal to the sum of the amounts obtained when, | 14818 |
| for each school district where the community school's students are | 14819 |
| entitled to attend school, the district's per pupil amount | 14820 |
| received under division (G) of section 3317.029 of the Revised | 14821 |
| Code, as adjusted by any poverty-based assistance reduction factor | 14822 |
| of the community school, is multiplied by the sum of the | 14823 |
| following: | 14824 |
| (a) The number of the district's students enrolled in grades | 14825 |
| one through twelve in that community school; | 14826 |
| (b) One-half of the number of the district's students | 14827 |
| enrolled in kindergarten in that community school. | 14828 |
| The district's per pupil amount under division (G) of section | 14829 |
| 3317.029 of the Revised Code shall be determined as described in | 14830 |
| division (C)(7) of this section. | 14831 |
| (9) An amount equal to the sum of the amounts obtained when, | 14832 |
| for each school district where the community school's students are | 14833 |
| entitled to attend school, the district's per pupil amount | 14834 |
| received under divisions (H) and (I) of section 3317.029 of the | 14835 |
| Revised Code, as adjusted by any poverty-based assistance | 14836 |
| reduction factor of the community school, is multiplied by the sum | 14837 |
| of the following: | 14838 |
| (a) The number of the district's students enrolled in grades | 14839 |
| one through twelve in that community school; | 14840 |
| (b) One-half of the number of the district's students | 14841 |
| enrolled in kindergarten in that community school. | 14842 |
| The district's per pupil amount under divisions (H) and (I) | 14843 |
| of section 3317.029 of the Revised Code shall be determined as | 14844 |
| described in division (C)(8) of this section. | 14845 |
| (10) An amount equal to the sum of the amounts obtained when, | 14846 |
| for each school district where the community school's students are | 14847 |
| entitled to attend school, the district's per pupil amount of | 14848 |
| state parity aid funding calculated under either division (C) or | 14849 |
| (D) of section 3317.0217 of the Revised Code is multiplied by the | 14850 |
| sum of the number of that district's students enrolled in grades | 14851 |
| one through twelve, and one-half of the number of that district's | 14852 |
| students enrolled in kindergarten, in the community school as | 14853 |
| reported under division (B)(2)(a) and (b) of this section. | 14854 |
| (E)(1) If a community school's costs for a fiscal year for a | 14855 |
| student receiving special education and related services pursuant | 14856 |
| to an IEP for a handicap described in divisions (B) to (F) of | 14857 |
| section 3317.013 of the Revised Code exceed the threshold | 14858 |
| catastrophic cost for serving the student as specified in division | 14859 |
| (C)(3)(b) of section 3317.022 of the Revised Code, the school may | 14860 |
| submit to the superintendent of public instruction documentation, | 14861 |
| as prescribed by the superintendent, of all its costs for that | 14862 |
| student. Upon submission of documentation for a student of the | 14863 |
| type and in the manner prescribed, the department shall pay to the | 14864 |
| community school an amount equal to the school's costs for the | 14865 |
| student in excess of the threshold catastrophic costs. | 14866 |
| (2) The community school shall only report under division | 14867 |
| (E)(1) of this section, and the department shall only pay for, the | 14868 |
| costs of educational expenses and the related services provided to | 14869 |
| the student in accordance with the student's individualized | 14870 |
| education program. Any legal fees, court costs, or other costs | 14871 |
| associated with any cause of action relating to the student may | 14872 |
| not be included in the amount. | 14873 |
| (F) A community school may apply to the department of | 14874 |
| education for preschool handicapped or gifted unit funding the | 14875 |
| school would receive if it were a school district. Upon request of | 14876 |
| its governing authority, a community school that received unit | 14877 |
| funding as a school district-operated school before it became a | 14878 |
| community school shall retain any units awarded to it as a school | 14879 |
| district-operated school provided the school continues to meet | 14880 |
| eligibility standards for the unit. | 14881 |
| A community school shall be considered a school district and | 14882 |
| its governing authority shall be considered a board of education | 14883 |
| for the purpose of applying to any state or federal agency for | 14884 |
| grants that a school district may receive under federal or state | 14885 |
| law or any appropriations act of the general assembly. The | 14886 |
| governing authority of a community school may apply to any private | 14887 |
| entity for additional funds. | 14888 |
| (G) A board of education sponsoring a community school may | 14889 |
| utilize local funds to make enhancement grants to the school or | 14890 |
| may agree, either as part of the contract or separately, to | 14891 |
| provide any specific services to the community school at no cost | 14892 |
| to the school. | 14893 |
| (H) A community school may not levy taxes or issue bonds | 14894 |
| secured by tax revenues. | 14895 |
| (I) No community school shall charge tuition for the | 14896 |
| enrollment of any student. | 14897 |
| (J)(1)(a) A community school may borrow money to pay any | 14898 |
| necessary and actual expenses of the school in anticipation of the | 14899 |
| receipt of any portion of the payments to be received by the | 14900 |
| school pursuant to division (D) of this section. The school may | 14901 |
| issue notes to evidence such borrowing. The proceeds of the notes | 14902 |
| shall be used only for the purposes for which the anticipated | 14903 |
| receipts may be lawfully expended by the school. | 14904 |
| (b) A school may also borrow money for a term not to exceed | 14905 |
| fifteen years for the purpose of acquiring facilities. | 14906 |
| (2) Except for any amount guaranteed under section 3318.50 of | 14907 |
| the Revised Code, the state is not liable for debt incurred by the | 14908 |
| governing authority of a community school. | 14909 |
| (K) For purposes of determining the number of students for | 14910 |
| which divisions (D)(5) and (6) of this section applies in any | 14911 |
| school year, a community school may submit to the department of | 14912 |
| job and family services, no later than the first day of March, a | 14913 |
| list of the students enrolled in the school. For each student on | 14914 |
| the list, the community school shall indicate the student's name, | 14915 |
| address, and date of birth and the school district where the | 14916 |
| student is entitled to attend school. Upon receipt of a list under | 14917 |
| this division, the department of job and family services shall | 14918 |
| determine, for each school district where one or more students on | 14919 |
| the list is entitled to attend school, the number of students | 14920 |
| residing in that school district who were included in the | 14921 |
| department's report under section 3317.10 of the Revised Code. The | 14922 |
| department shall make this determination on the basis of | 14923 |
| information readily available to it. Upon making this | 14924 |
| determination and no later than ninety days after submission of | 14925 |
| the list by the community school, the department shall report to | 14926 |
| the state department of education the number of students on the | 14927 |
| list who reside in each school district who were included in the | 14928 |
| department's report under section 3317.10 of the Revised Code. In | 14929 |
| complying with this division, the department of job and family | 14930 |
| services shall not report to the state department of education any | 14931 |
| personally identifiable information on any student. | 14932 |
| (L) The department of education shall adjust the amounts | 14933 |
| subtracted and paid under divisions (C) and (D) of this section to | 14934 |
| reflect any enrollment of students in community schools for less | 14935 |
| than the equivalent of a full school year. The state board of | 14936 |
| education within ninety days after April 8, 2003, shall adopt in | 14937 |
| accordance with Chapter 119. of the Revised Code rules governing | 14938 |
| the payments to community schools under this section including | 14939 |
| initial payments in a school year and adjustments and reductions | 14940 |
| made in subsequent periodic payments to community schools and | 14941 |
| corresponding deductions from school district accounts as provided | 14942 |
| under divisions (C) and (D) of this section. For purposes of this | 14943 |
| section: | 14944 |
| (1) A student shall be considered enrolled in the community | 14945 |
| school for any portion of the school year the student is | 14946 |
| participating at a college under Chapter 3365. of the Revised | 14947 |
| Code. | 14948 |
| (2) A student shall be considered to be enrolled in a | 14949 |
| community school during a school year for the period of time | 14950 |
| beginning on the later of the date on which the school both has | 14951 |
| received documentation of the student's enrollment from a parent | 14952 |
| and the student has commenced participation in learning | 14953 |
| opportunities as defined in the contract with the sponsor, or | 14954 |
| thirty days prior to the date on which the student is entered into | 14955 |
| the education management information system established under | 14956 |
| section 3301.0714 of the Revised Code. For purposes of applying | 14957 |
| this division to a community school student, "learning | 14958 |
| opportunities" shall be defined in the contract, which shall | 14959 |
| describe both classroom-based and non-classroom-based learning | 14960 |
| opportunities and shall be in compliance with criteria and | 14961 |
| documentation requirements for student participation which shall | 14962 |
| be established by the department. Any student's instruction time | 14963 |
| in non-classroom-based learning opportunities shall be certified | 14964 |
| by an employee of the community school. A student's enrollment | 14965 |
| shall be considered to cease on the date on which any of the | 14966 |
| following occur: | 14967 |
| (a) The community school receives documentation from a parent | 14968 |
| terminating enrollment of the student. | 14969 |
| (b) The community school is provided documentation of a | 14970 |
| student's enrollment in another public or private school. | 14971 |
| (c) The community school ceases to offer learning | 14972 |
| opportunities to the student pursuant to the terms of the contract | 14973 |
| with the sponsor or the operation of any provision of this | 14974 |
| chapter. | 14975 |
| (3) A student's percentage of full-time equivalency shall be | 14976 |
| considered to be the percentage the hours of learning opportunity | 14977 |
| offered to that student is of nine hundred and twenty hours. | 14978 |
| However, no internet- or computer-based community school shall be | 14979 |
| credited for any time a student spends participating in learning | 14980 |
| opportunities beyond ten hours within any period of twenty-four | 14981 |
| consecutive hours. | 14982 |
| (M) The department of education shall reduce the amounts paid | 14983 |
| under division (D) of this section to reflect payments made to | 14984 |
| colleges under division (B) of section 3365.07 of the Revised | 14985 |
| Code. | 14986 |
| (N)(1) No student shall be considered enrolled in any | 14987 |
| internet- or computer-based community school or, if applicable to | 14988 |
| the student, in any community school that is required to provide | 14989 |
| the student with a computer pursuant to division (C) of section | 14990 |
| 3314.22 of the Revised Code, unless both of the following | 14991 |
| conditions are satisfied: | 14992 |
| (a) The student possesses or has been provided with all | 14993 |
| required hardware and software materials and all such materials | 14994 |
| are operational so that the student is capable of fully | 14995 |
| participating in the learning opportunities specified in the | 14996 |
| contract between the school and the school's sponsor as required | 14997 |
| by division (A)(23) of section 3314.03 of the Revised Code; | 14998 |
| (b) The school is in compliance with division (A)(1) or (2) | 14999 |
| of section 3314.22 of the Revised Code, relative to such student. | 15000 |
| (2) In accordance with policies adopted jointly by the | 15001 |
| superintendent of public instruction and the auditor of state, the | 15002 |
| department shall reduce the amounts otherwise payable under | 15003 |
| division (D) of this section to any community school that includes | 15004 |
| in its program the provision of computer hardware and software | 15005 |
| materials to any student, if such hardware and software materials | 15006 |
| have not been delivered, installed, and activated for each such | 15007 |
| student in a timely manner or other educational materials or | 15008 |
| services have not been provided according to the contract between | 15009 |
| the individual community school and its sponsor. | 15010 |
| The superintendent of public instruction and the auditor of | 15011 |
| state shall jointly establish a method for auditing any community | 15012 |
| school to which this division pertains to ensure compliance with | 15013 |
| this section. | 15014 |
| The superintendent, auditor of state, and the governor shall | 15015 |
| jointly make recommendations to the general assembly for | 15016 |
| legislative changes that may be required to assure fiscal and | 15017 |
| academic accountability for such schools. | 15018 |
| (O)(1) If the department determines that a review of a | 15019 |
| community school's enrollment is necessary, such review shall be | 15020 |
| completed and written notice of the findings shall be provided to | 15021 |
| the governing authority of the community school and its sponsor | 15022 |
| within ninety days of the end of the community school's fiscal | 15023 |
| year, unless extended for a period not to exceed thirty additional | 15024 |
| days for one of the following reasons: | 15025 |
| (a) The department and the community school mutually agree to | 15026 |
| the extension. | 15027 |
| (b) Delays in data submission caused by either a community | 15028 |
| school or its sponsor. | 15029 |
| (2) If the review results in a finding that additional | 15030 |
| funding is owed to the school, such payment shall be made within | 15031 |
| thirty days of the written notice. If the review results in a | 15032 |
| finding that the community school owes moneys to the state, the | 15033 |
| following procedure shall apply: | 15034 |
| (a) Within ten business days of the receipt of the notice of | 15035 |
| findings, the community school may appeal the department's | 15036 |
| determination to the state board of education or its designee. | 15037 |
| (b) The board or its designee shall conduct an informal | 15038 |
| hearing on the matter within thirty days of receipt of such an | 15039 |
| appeal and shall issue a decision within fifteen days of the | 15040 |
| conclusion of the hearing. | 15041 |
| (c) If the board has enlisted a designee to conduct the | 15042 |
| hearing, the designee shall certify its decision to the board. The | 15043 |
| board may accept the decision of the designee or may reject the | 15044 |
| decision of the designee and issue its own decision on the matter. | 15045 |
| (d) Any decision made by the board under this division is | 15046 |
| final. | 15047 |
| (3) If it is decided that the community school owes moneys to | 15048 |
| the state, the department shall deduct such amount from the | 15049 |
| school's future payments in accordance with guidelines issued by | 15050 |
| the superintendent of public instruction. | 15051 |
| (P) The department shall not subtract from a school | 15052 |
| district's state aid account under division (C) of this section | 15053 |
| and shall not pay to a community school under division (D) of this | 15054 |
| section any amount for any of the following: | 15055 |
| (1) Any student who has graduated from the twelfth grade of a | 15056 |
| public or nonpublic high school; | 15057 |
| (2) Any student who is not a resident of the state; | 15058 |
| (3) Any student who was enrolled in the community school | 15059 |
| during the previous school year when tests were administered under | 15060 |
| section 3301.0711 of the Revised Code but did not take one or more | 15061 |
| of the tests required by that section and was not excused pursuant | 15062 |
| to division (C)(1) or (3) of that section, unless the | 15063 |
| superintendent of public instruction grants the student a waiver | 15064 |
| from the requirement to take the test and a parent is not paying | 15065 |
| tuition for the student pursuant to section 3314.26 of the Revised | 15066 |
| Code. The superintendent may grant a waiver only for good cause in | 15067 |
| accordance with rules adopted by the state board of education. | 15068 |
| (4) Any student who has attained the age of twenty-two years, | 15069 |
| except for veterans of the armed services whose attendance was | 15070 |
| interrupted before completing the recognized twelve-year course of | 15071 |
| the public schools by reason of induction or enlistment in the | 15072 |
| armed forces and who apply for enrollment in a community school | 15073 |
| not later than four years after termination of war or their | 15074 |
| honorable discharge. If, however, any such veteran elects to | 15075 |
| enroll in special courses organized for veterans for whom tuition | 15076 |
| is paid under federal law, or otherwise, the department shall not | 15077 |
| subtract from a school district's state aid account under division | 15078 |
| (C) of this section and shall not pay to a community school under | 15079 |
| division (D) of this section any amount for that veteran. | 15080 |
| Sec. 3314.18. (A) Subject to division (C) of this section, | 15081 |
| the governing board of each community school shall establish a | 15082 |
| breakfast program pursuant to the "National School Lunch Act," 60 | 15083 |
| Stat. 230 (1946), 42 U.S.C. 1751, as amended, and the "Child | 15084 |
| Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1771, as amended, | 15085 |
| if at least one-fifth of the pupils in the school are eligible | 15086 |
| under federal requirements for free breakfasts, and shall | 15087 |
| establish a lunch program pursuant to those acts if at least | 15088 |
| one-fifth of the pupils are eligible for free lunches. The | 15089 |
| governing board required to establish a breakfast program under | 15090 |
| this division may make a charge in accordance with federal | 15091 |
| requirements for each reduced price breakfast or paid breakfast to | 15092 |
| cover the cost incurred in providing that meal. | 15093 |
| (B) Subject to division (C) of this section, the governing | 15094 |
| board of each community school shall establish one of the | 15095 |
| following for summer intervention services described in division | 15096 |
| (D) of section 3301.0711 and section 3313.608 of the Revised Code | 15097 |
| and any other summer intervention program required by law: | 15098 |
| (1) An extension of the school breakfast program pursuant to | 15099 |
| the "National School Lunch Act" and the "Child Nutrition Act of | 15100 |
| 1966"; | 15101 |
| (2) An extension of the school lunch program pursuant to | 15102 |
| those acts; | 15103 |
| (3) A summer food service program pursuant to those acts. | 15104 |
| (C) If the governing board of a community school determines | 15105 |
| that, for financial reasons, it cannot comply with division (A) or | 15106 |
| (B) of this section, the governing board may choose not to comply | 15107 |
| with either or both divisions. In that case, the governing board | 15108 |
| shall communicate to the parents of its students, in the manner it | 15109 |
| determines appropriate, its decision not to comply. | 15110 |
| (D) The governing board of each community school required to | 15111 |
| establish a school breakfast, school lunch, or summer food service | 15112 |
| program under this section shall apply for state and federal funds | 15113 |
| allocated by the state board of education under division (B) of | 15114 |
| section 3313.813 of the Revised Code and shall comply with the | 15115 |
| state board's standards adopted under that division. | 15116 |
| (E) This section does not apply to internet- or | 15117 |
| computer-based community schools. | 15118 |
| Sec. 3314.26. (A) Each internet- or computer-based community | 15119 |
| school shall withdraw from the school any student who, for two | 15120 |
| consecutive school years, has failed to participate in the spring | 15121 |
| administration of any test prescribed under section 3301.0710 or | 15122 |
| 3301.0712 of the Revised Code for the student's grade level and | 15123 |
| was not excused from the test pursuant to division (C)(1) or (3) | 15124 |
| of section 3301.0711 of the Revised Code, regardless of whether a | 15125 |
| waiver was granted for the student under division (P)(3) of | 15126 |
| section 3314.08 of the Revised Code. The school shall report any | 15127 |
| such student's data verification code, as assigned pursuant to | 15128 |
| section 3301.0714 of the Revised Code, to the department of | 15129 |
| education. The department shall maintain a list of all data | 15130 |
| verification codes reported under this division and section | 15131 |
| 3313.6410 of the Revised Code and provide that list to each | 15132 |
| internet- or computer-based community school and to each school to | 15133 |
| which section 3313.6410 of the Revised Code applies. | 15134 |
| (B) No internet- or computer-based community school shall | 15135 |
| receive any state funds under this chapter for any enrolled | 15136 |
| student whose data verification code appears on the list | 15137 |
| maintained by the department under division (A) of this section. | 15138 |
| Notwithstanding any provision of the | 15139 |
| the contrary, the parent of any such student shall pay tuition to | 15140 |
| the internet- or computer-based community school in an amount | 15141 |
| equal to the state funds the school otherwise would receive for | 15142 |
| that student, as determined by the department. An internet- or | 15143 |
| computer-based community school may withdraw any student for whom | 15144 |
| the parent does not pay | 15145 |
| division. | 15146 |
| Sec. 3314.35. (A) This section applies to any community | 15147 |
| school established under this chapter that meets one or more of | 15148 |
| the following criteria: | 15149 |
| (1) The school is declared to be in need of continuous | 15150 |
| improvement, under an academic watch, or in a state of academic | 15151 |
| emergency pursuant to section 3302.03 of the Revised Code. | 15152 |
| (2) The school has not been in operation for at least two | 15153 |
| full school years. | 15154 |
| (3) The school does not offer any grade level for which an | 15155 |
| achievement test is prescribed under section 3301.0710 of the | 15156 |
| Revised Code or the number of students enrolled in each grade | 15157 |
| level offered by the school for which an achievement test is | 15158 |
| prescribed is too small to yield statistically reliable data about | 15159 |
| student performance, as determined by the department of education. | 15160 |
| (B) Beginning in the | 15161 |
| community school to which this section applies shall administer a | 15162 |
| reading and mathematics assessment approved by the department in | 15163 |
| the fall and spring of the school year to each student who is | 15164 |
| enrolled in any of grades one through twelve to measure the | 15165 |
| academic progress made by students during the school year. For | 15166 |
| each grade level, the community school shall administer the same | 15167 |
| assessment in the spring that the school administers in the fall. | 15168 |
| (C) Each community school that administers the assessments | 15169 |
| required by division (B) of this section shall be responsible for | 15170 |
| all costs associated with the administration and scoring of the | 15171 |
| assessments. Each community school shall report the scores of all | 15172 |
| students taking the assessments to the department in a manner | 15173 |
| prescribed by the department. | 15174 |
| (D) The department shall establish a list of nationally | 15175 |
| normed assessments in reading and mathematics that it approves for | 15176 |
| use by community schools under this section. The department may | 15177 |
| approve assessments in other subject areas, but no community | 15178 |
| school shall be required to administer an assessment in a subject | 15179 |
| area other than reading or mathematics under this section. | 15180 |
| (E) The sponsor of any community school to which this section | 15181 |
| does not apply may elect to have the school administer reading and | 15182 |
| mathematics assessments in accordance with this section. | 15183 |
| Sec. 3314.36. (A) Not later than July 1, | 15184 |
| state board of education shall adopt rules establishing reasonable | 15185 |
| standards for expected gains in student achievement between the | 15186 |
| fall and spring administrations of the reading and mathematics | 15187 |
| assessments administered under section 3314.35 of the Revised Code | 15188 |
| and for expected gains in the graduation rate. | 15189 |
| (B) Any community school that is declared to be under an | 15190 |
| academic watch or in a state of academic emergency pursuant to | 15191 |
| section 3302.03 of the Revised Code after July 1, | 15192 |
| which division (A)(3) of section 3314.35 of the Revised Code | 15193 |
| applies shall be subject to division (C) of this section beginning | 15194 |
| the next school year if either of the following apply to the | 15195 |
| school: | 15196 |
| (1) The percentage of the school's total student population | 15197 |
| showing the expected gains in student achievement established | 15198 |
| under division (A) of this section on the reading or mathematics | 15199 |
| assessments administered most recently under section 3314.35 of | 15200 |
| the Revised Code is less than fifty-five per cent. | 15201 |
| (2) The school offers a high school diploma but is not | 15202 |
| showing the expected gains in the graduation rate established | 15203 |
| under division (A) of this section. | 15204 |
| A community school that has been in operation for one school | 15205 |
| year shall not be subject to division (C) of this section. | 15206 |
| (C)(1) In the first school year that a community school is | 15207 |
| subject to division (C) of this section, if the school is an | 15208 |
| internet- or computer-based community school, the school shall not | 15209 |
| enroll any students in excess of the number of students the school | 15210 |
| enrolled at the conclusion of the preceding school year. | 15211 |
| (2) In the second consecutive school year that a community | 15212 |
| school is subject to division (C) of this section, if the school | 15213 |
| is an internet- or computer-based community school, the school | 15214 |
| shall do both of the following: | 15215 |
| (a) Continue to comply with division (C)(1) of this section; | 15216 |
| (b) Withdraw from the school at the conclusion of the school | 15217 |
| year any student for whom any of the following conditions apply, | 15218 |
| unless the student's parent agrees to pay tuition to the school in | 15219 |
| an amount equal to the state funds the school otherwise would | 15220 |
| receive for that student as determined by the department of | 15221 |
| education: | 15222 |
| (i) For two consecutive school years, the student has taken | 15223 |
| the reading and mathematics assessments administered under section | 15224 |
| 3314.35 of the Revised Code but has failed to show the expected | 15225 |
| gains in student achievement established under division (A) of | 15226 |
| this section for both reading and mathematics. | 15227 |
| (ii) For two consecutive school years, the student has not | 15228 |
| taken one or more of the reading and mathematics assessments | 15229 |
| described in division (C)(2)(b)(i) of this section. | 15230 |
| (iii) For one of two consecutive school years, the student | 15231 |
| took the reading and mathematics assessments described in division | 15232 |
| (C)(2)(b)(i) of this section but failed to show the expected gains | 15233 |
| in student achievement also described in that division for both | 15234 |
| reading and mathematics, and, for the other school year, the | 15235 |
| student did not take one or more of those assessments. | 15236 |
| After the conclusion of the school year, the school shall not | 15237 |
| receive state funds for any student who is required to be | 15238 |
| withdrawn or for whom tuition is owed under division (C)(2)(b) of | 15239 |
| this section. | 15240 |
| (3) In the third consecutive school year that any community | 15241 |
| school is subject to division (C) of this section, the following | 15242 |
| shall apply: | 15243 |
| (a) If the school is an internet- or computer-based community | 15244 |
| school, the school shall continue to comply with division | 15245 |
| (C)(1)(a) of this section. | 15246 |
| (b) The school shall be permanently closed at the conclusion | 15247 |
| of the school year. | 15248 |
| (D) The sponsor of any community school that is declared to | 15249 |
| be in need of continuous improvement, effective, or excellent | 15250 |
| pursuant to section 3302.03 of the Revised Code and offers one or | 15251 |
| more grade levels for which an achievement test is prescribed | 15252 |
| under section 3301.0710 of the Revised Code may elect to evaluate | 15253 |
| the performance of the school in accordance with division (B) of | 15254 |
| this section, provided the school administers reading and | 15255 |
| mathematics assessments under section 3314.35 of the Revised Code. | 15256 |
| If the sponsor so elects, the evaluation method shall be used for | 15257 |
| a minimum of three school years and shall be specified in the | 15258 |
| contract required by section 3314.03 of the Revised Code. Nothing | 15259 |
| in this division requires the sponsor of a community school that | 15260 |
| elects to evaluate the school in accordance with division (B) of | 15261 |
| this section to take any action specified in division (C) of this | 15262 |
| section, unless the contract requires such action. | 15263 |
| (E) In calculating the gains in student achievement | 15264 |
| demonstrated by a community school for the purposes of division | 15265 |
| (B) of this section, the department shall include the scores of | 15266 |
| all students who participated in the fall and spring | 15267 |
| administrations of the assessments administered under section | 15268 |
| 3314.35 of the Revised Code. If the school's participation rate | 15269 |
| for any grade level is less than ninety per cent, the department | 15270 |
| shall calculate the gains in academic achievement demonstrated by | 15271 |
| the students in that grade level as if the participation rate was | 15272 |
| ninety per cent by assuming a score of zero for each student that | 15273 |
| it is necessary to add to the participation rate to make that rate | 15274 |
| equal ninety per cent. | 15275 |
| Sec. 3315.01. (A) Except as provided in division (B) of this | 15276 |
| section and notwithstanding sections 3315.12 and 3315.14 of the | 15277 |
| Revised Code, the board of education of any school district may | 15278 |
| adopt a resolution requiring the treasurer of the district to | 15279 |
| credit the earnings made on the investment of the principal of the | 15280 |
| moneys specified in the resolution to the fund from which the | 15281 |
| earnings arose or any other fund of the district as the board | 15282 |
| specifies in its resolution. | 15283 |
| (B) This section does not apply to the earnings made on the | 15284 |
| investment of the bond retirement fund, the sinking fund, a | 15285 |
| project construction fund established pursuant to sections 3318.01 | 15286 |
| to 3318.20 of the Revised Code, or the payments received by school | 15287 |
|
districts pursuant to division | 15288 |
| Revised Code. | 15289 |
| Sec. 3317.01. As used in this section and section 3317.011 | 15290 |
| of the Revised Code, "school district," unless otherwise | 15291 |
| specified, means any city, local, exempted village, joint | 15292 |
| vocational, or cooperative education school district and any | 15293 |
| educational service center. | 15294 |
| This chapter shall be administered by the state board of | 15295 |
| education. The superintendent of public instruction shall | 15296 |
| calculate the amounts payable to each school district and shall | 15297 |
| certify the amounts payable to each eligible district to the | 15298 |
| treasurer of the district as provided by this chapter. As soon as | 15299 |
| possible after such amounts are calculated, the superintendent | 15300 |
| shall certify to the treasurer of each school district the | 15301 |
| district's adjusted charge-off increase, as defined in section | 15302 |
| 5705.211 of the Revised Code. No moneys shall be distributed | 15303 |
| pursuant to this chapter without the approval of the controlling | 15304 |
| board. | 15305 |
| The state board of education shall, in accordance with | 15306 |
| appropriations made by the general assembly, meet the financial | 15307 |
| obligations of this chapter. | 15308 |
| Annually, the department of education shall calculate and | 15309 |
| report to each school district the district's total state and | 15310 |
| local funds for providing an adequate basic education to the | 15311 |
| district's nonhandicapped students, utilizing the determination in | 15312 |
| section 3317.012 of the Revised Code. In addition, the department | 15313 |
| shall calculate and report separately for each school district the | 15314 |
| district's total state and local funds for providing an adequate | 15315 |
| education for its handicapped students, utilizing the | 15316 |
| determinations in both sections 3317.012 and 3317.013 of the | 15317 |
| Revised Code. | 15318 |
| Not later than the thirty-first day of August of each fiscal | 15319 |
| year, the department of education shall provide to each school | 15320 |
| district and county MR/DD board a preliminary estimate of the | 15321 |
| amount of funding that the department calculates the district will | 15322 |
| receive under each of divisions (C)(1) and (4) of section 3317.022 | 15323 |
| of the Revised Code. No later than the first day of December of | 15324 |
| each fiscal year, the department shall update that preliminary | 15325 |
| estimate. | 15326 |
| Moneys distributed pursuant to this chapter shall be | 15327 |
| calculated and paid on a fiscal year basis, beginning with the | 15328 |
| first day of July and extending through the thirtieth day of June. | 15329 |
| The moneys appropriated for each fiscal year shall be distributed | 15330 |
| at least monthly to each school district unless otherwise provided | 15331 |
| for. The state board shall submit a yearly distribution plan to | 15332 |
| the controlling board at its first meeting in July. The state | 15333 |
| board shall submit any proposed midyear revision of the plan to | 15334 |
| the controlling board in January. Any year-end revision of the | 15335 |
| plan shall be submitted to the controlling board in June. If | 15336 |
| moneys appropriated for each fiscal year are distributed other | 15337 |
| than monthly, such distribution shall be on the same basis for | 15338 |
| each school district. | 15339 |
| The total amounts paid each month shall constitute, as nearly | 15340 |
| as possible, one-twelfth of the total amount payable for the | 15341 |
| entire year. | 15342 |
| Until fiscal year | 15343 |
| six months of the fiscal year may be based on an estimate of the | 15344 |
| amounts payable for the entire year. Payments made in the last six | 15345 |
| months shall be based on the final calculation of the amounts | 15346 |
| payable to each school district for that fiscal year. Payments | 15347 |
| made in the last six months may be adjusted, if necessary, to | 15348 |
| correct the amounts distributed in the first six months, and to | 15349 |
| reflect enrollment increases when such are at least three per | 15350 |
| cent. | 15351 |
| Beginning in fiscal year | 15352 |
| calculated to reflect the biannual reporting of average daily | 15353 |
| membership. In fiscal year | 15354 |
| thereafter, annualized periodic payments for | 15355 |
| each school district shall be based on the district's student | 15356 |
| counts certified pursuant to section 3317.03 of the Revised Code | 15357 |
| 15358 | |
| 15359 | |
| 15360 | |
| 15361 |
| 15362 |
| 15363 |
| 15364 |
| 15365 |
| Except as otherwise provided, payments under this chapter | 15366 |
| shall be made only to those school districts in which: | 15367 |
| (A) The school district, except for any educational service | 15368 |
| center and any joint vocational or cooperative education school | 15369 |
| district, levies for current operating expenses at least twenty | 15370 |
| mills. Levies for joint vocational or cooperative education | 15371 |
| school districts or county school financing districts, limited to | 15372 |
| or to the extent apportioned to current expenses, shall be | 15373 |
| included in this qualification requirement. School district income | 15374 |
| tax levies under Chapter 5748. of the Revised Code, limited to or | 15375 |
| to the extent apportioned to current operating expenses, shall be | 15376 |
| included in this qualification requirement to the extent | 15377 |
| determined by the tax commissioner under division (D) of section | 15378 |
| 3317.021 of the Revised Code. | 15379 |
| (B) The school year next preceding the fiscal year for which | 15380 |
| such payments are authorized meets the requirement of section | 15381 |
| 3313.48 or 3313.481 of the Revised Code, with regard to the | 15382 |
| minimum number of days or hours school must be open for | 15383 |
| instruction with pupils in attendance, for individualized | 15384 |
| parent-teacher conference and reporting periods, and for | 15385 |
| professional meetings of teachers. This requirement shall be | 15386 |
| waived by the superintendent of public instruction if it had been | 15387 |
| necessary for a school to be closed because of disease epidemic, | 15388 |
| hazardous weather conditions, inoperability of school buses or | 15389 |
| other equipment necessary to the school's operation, damage to a | 15390 |
| school building, or other temporary circumstances due to utility | 15391 |
| failure rendering the school building unfit for school use, | 15392 |
| provided that for those school districts operating pursuant to | 15393 |
| section 3313.48 of the Revised Code the number of days the school | 15394 |
| was actually open for instruction with pupils in attendance and | 15395 |
| for individualized parent-teacher conference and reporting periods | 15396 |
| is not less than one hundred seventy-five, or for those school | 15397 |
| districts operating on a trimester plan the number of days the | 15398 |
| school was actually open for instruction with pupils in attendance | 15399 |
| not less than seventy-nine days in any trimester, for those school | 15400 |
| districts operating on a quarterly plan the number of days the | 15401 |
| school was actually open for instruction with pupils in attendance | 15402 |
| not less than fifty-nine days in any quarter, or for those school | 15403 |
| districts operating on a pentamester plan the number of days the | 15404 |
| school was actually open for instruction with pupils in attendance | 15405 |
| not less than forty-four days in any pentamester. | 15406 |
| A school district shall not be considered to have failed to | 15407 |
| comply with this division or section 3313.481 of the Revised Code | 15408 |
| because schools were open for instruction but either twelfth grade | 15409 |
| students were excused from attendance for up to three days or only | 15410 |
| a portion of the kindergarten students were in attendance for up | 15411 |
| to three days in order to allow for the gradual orientation to | 15412 |
| school of such students. | 15413 |
| The superintendent of public instruction shall waive the | 15414 |
| requirements of this section with reference to the minimum number | 15415 |
| of days or hours school must be in session with pupils in | 15416 |
| attendance for the school year succeeding the school year in which | 15417 |
| a board of education initiates a plan of operation pursuant to | 15418 |
| section 3313.481 of the Revised Code. The minimum requirements of | 15419 |
| this section shall again be applicable to such a district | 15420 |
| beginning with the school year commencing the second July | 15421 |
| succeeding the initiation of one such plan, and for each school | 15422 |
| year thereafter. | 15423 |
| A school district shall not be considered to have failed to | 15424 |
| comply with this division or section 3313.48 or 3313.481 of the | 15425 |
| Revised Code because schools were open for instruction but the | 15426 |
| length of the regularly scheduled school day, for any number of | 15427 |
| days during the school year, was reduced by not more than two | 15428 |
| hours due to hazardous weather conditions. | 15429 |
| (C) The school district has on file, and is paying in | 15430 |
| accordance with, a teachers' salary schedule which complies with | 15431 |
| section 3317.13 of the Revised Code. | 15432 |
| A board of education or governing board of an educational | 15433 |
| service center which has not conformed with other law and the | 15434 |
| rules pursuant thereto, shall not participate in the distribution | 15435 |
| of funds authorized by sections 3317.022 to 3317.0211, 3317.11, | 15436 |
| 3317.16, 3317.17, and 3317.19 of the Revised Code, except for good | 15437 |
| and sufficient reason established to the satisfaction of the state | 15438 |
| board of education and the state controlling board. | 15439 |
| All funds allocated to school districts under this chapter, | 15440 |
| except those specifically allocated for other purposes, shall be | 15441 |
| used to pay current operating expenses only. | 15442 |
| Sec. 3317.015. (A) In addition to the information certified | 15443 |
| to the department of education under division (A) of section | 15444 |
| 3317.021 of the Revised Code, the tax commissioner shall, at the | 15445 |
| same time, certify the following information for each city, | 15446 |
| exempted village, and local school district to be used for the | 15447 |
| same purposes as described under that division: | 15448 |
| (1) The taxable value of the school district's carryover | 15449 |
| property, as defined in section 319.301 of the Revised Code, for | 15450 |
| the preceding tax year; | 15451 |
| (2) The | 15452 |
| 15453 | |
| the preceding tax year as used in calculating the percentage | 15454 |
| reduction under section 319.301 of the Revised Code. | 15455 |
| (B) | 15456 |
| shall calculate each school district's recognized valuation in the | 15457 |
| following manner: | 15458 |
| (1) For a school district located in a county in which a | 15459 |
| reappraisal or triennial update occurred in the preceding tax | 15460 |
| year, the recognized valuation equals the district's total taxable | 15461 |
| value for the preceding tax year minus two-thirds times the | 15462 |
| increase in the carryover value from the second preceding tax year | 15463 |
| to the preceding tax year. | 15464 |
| (2) For a school district located in a county in which a | 15465 |
| reappraisal or triennial update occurred in the second preceding | 15466 |
| tax year, the recognized valuation equals the district's total | 15467 |
| taxable value for the preceding tax year minus one-third times the | 15468 |
| increase in the carryover value from the third preceding tax year | 15469 |
| to the second preceding tax year. | 15470 |
| (3) For a school district located in a county in which a | 15471 |
| reappraisal or triennial update occurred in the third preceding | 15472 |
| tax year, the recognized valuation equals the district's total | 15473 |
| taxable value for the preceding tax year. | 15474 |
| Sec. 3317.02. As used in this chapter: | 15475 |
| (A) Unless otherwise specified, "school district" means city, | 15476 |
| local, and exempted village school districts. | 15477 |
| (B) "Formula amount" means the base cost for the fiscal year | 15478 |
| specified in division (B)(4) of section 3317.012 of the Revised | 15479 |
| Code. | 15480 |
| (C) "FTE basis" means a count of students based on full-time | 15481 |
| equivalency, in accordance with rules adopted by the department of | 15482 |
| education pursuant to section 3317.03 of the Revised Code. In | 15483 |
| adopting its rules under this division, the department shall | 15484 |
| provide for counting any student in category one, two, three, | 15485 |
| four, five, or six special education ADM or in category one or two | 15486 |
| vocational education ADM in the same proportion the student is | 15487 |
| counted in formula ADM. | 15488 |
| (D) "Formula ADM" means, for a city, local, or exempted | 15489 |
| village school district, the number reported pursuant to division | 15490 |
| (A) of section 3317.03 of the Revised Code, and for a joint | 15491 |
| vocational school district, the number reported pursuant to | 15492 |
| division (D) of section 3317.03 of the Revised Code. Beginning in | 15493 |
| fiscal year | 15494 |
| factor, | 15495 |
| 15496 | |
| one-half of the number reported | 15497 |
| year | 15498 |
| 15499 | |
| 15500 |
| (E) "Three-year average formula ADM" means the average of | 15501 |
| formula ADMs for the current and preceding two fiscal years. | 15502 |
| (F)(1) "Category one special education ADM" means the average | 15503 |
| daily membership of handicapped children receiving special | 15504 |
| education services for the handicap specified in division (A) of | 15505 |
| section 3317.013 of the Revised Code and reported under division | 15506 |
| (B)(5) or (D)(2)(b) of section 3317.03 of the Revised Code. | 15507 |
| Beginning in fiscal year 2007, the district's category one special | 15508 |
| education ADM for a fiscal year is the sum of one-half of the | 15509 |
| number reported for October of that fiscal year plus one-half of | 15510 |
| the average of the numbers reported for October and February of | 15511 |
| that fiscal year. | 15512 |
| (2) "Category two special education ADM" means the average | 15513 |
| daily membership of handicapped children receiving special | 15514 |
| education services for those handicaps specified in division (B) | 15515 |
| of section 3317.013 of the Revised Code and reported under | 15516 |
| division (B)(6) or (D)(2)(c) of section 3317.03 of the Revised | 15517 |
| Code. Beginning in fiscal year 2007, the district's category two | 15518 |
| special education ADM for a fiscal year is the sum of one-half of | 15519 |
| the number reported for October of that fiscal year plus one-half | 15520 |
| of the average of the numbers reported for October and February of | 15521 |
| that fiscal year. | 15522 |
| (3) "Category three special education ADM" means the average | 15523 |
| daily membership of students receiving special education services | 15524 |
| for those handicaps specified in division (C) of section 3317.013 | 15525 |
| of the Revised Code, and reported under division (B)(7) or | 15526 |
| (D)(2)(d) of section 3317.03 of the Revised Code. Beginning in | 15527 |
| fiscal year 2007, the district's category three special education | 15528 |
| ADM for a fiscal year is the sum of one-half of the number | 15529 |
| reported for October of that fiscal year plus one-half of the | 15530 |
| average of the numbers reported for October and February of that | 15531 |
| fiscal year. | 15532 |
| (4) "Category four special education ADM" means the average | 15533 |
| daily membership of students receiving special education services | 15534 |
| for those handicaps specified in division (D) of section 3317.013 | 15535 |
| of the Revised Code and reported under division (B)(8) or | 15536 |
| (D)(2)(e) of section 3317.03 of the Revised Code. Beginning in | 15537 |
| fiscal year 2007, the district's category four special education | 15538 |
| ADM for a fiscal year is the sum of one-half of the number | 15539 |
| reported for October of that fiscal year plus one-half of the | 15540 |
| average of the numbers reported for October and February of that | 15541 |
| fiscal year. | 15542 |
| (5) "Category five special education ADM" means the average | 15543 |
| daily membership of students receiving special education services | 15544 |
| for the handicap specified in division (E) of section 3317.013 of | 15545 |
| the Revised Code and reported under division (B)(9) or (D)(2)(f) | 15546 |
| of section 3317.03 of the Revised Code. Beginning in fiscal year | 15547 |
| 2007, the district's category five special education ADM for a | 15548 |
| fiscal year is the sum of one-half of the number reported for | 15549 |
| October of that fiscal year plus one-half of the average of the | 15550 |
| numbers reported for October and February of that fiscal year. | 15551 |
| (6) "Category six special education ADM" means the average | 15552 |
| daily membership of students receiving special education services | 15553 |
| for the handicap specified in division (F) of section 3317.013 of | 15554 |
| the Revised Code and reported under division (B)(10) or (D)(2)(g) | 15555 |
| of section 3317.03 of the Revised Code. Beginning in fiscal year | 15556 |
| 2007, the district's category six special education ADM for a | 15557 |
| fiscal year is the sum of one-half of the number reported for | 15558 |
| October of that fiscal year plus one-half of the average of the | 15559 |
| numbers reported for October and February of that fiscal year. | 15560 |
| (7) "Category one vocational education ADM" means the average | 15561 |
| daily membership of students receiving vocational education | 15562 |
| services described in division (A) of section 3317.014 of the | 15563 |
| Revised Code and reported under division (B)(11) or (D)(2)(h) of | 15564 |
| section 3317.03 of the Revised Code. Beginning in fiscal year | 15565 |
| 2007, the district's category one vocational education ADM for a | 15566 |
| fiscal year is the sum of one-half of the number reported for | 15567 |
| October of that fiscal year plus one-half of the average of the | 15568 |
| numbers reported for October and February of that fiscal year. | 15569 |
| (8) "Category two vocational education ADM" means the average | 15570 |
| daily membership of students receiving vocational education | 15571 |
| services described in division (B) of section 3317.014 of the | 15572 |
| Revised Code and reported under division (B)(12) or (D)(2)(i) of | 15573 |
| section 3317.03 of the Revised Code. Beginning in fiscal year | 15574 |
| 2007, the district's category two vocational education ADM for a | 15575 |
| fiscal year is the sum of one-half of the number reported for | 15576 |
| October of that fiscal year plus one-half of the average of the | 15577 |
| numbers reported for October and February of that fiscal year. | 15578 |
| | 15579 |
| 15580 | |
| 15581 | |
| 15582 | |
| 15583 | |
| 15584 | |
| 15585 | |
| 15586 | |
| 15587 |
| (G) "Handicapped preschool child" means a handicapped child, | 15588 |
| as defined in section 3323.01 of the Revised Code, who is at least | 15589 |
| age three but is not of compulsory school age, as defined in | 15590 |
| section 3321.01 of the Revised Code, and who is not currently | 15591 |
| enrolled in kindergarten. | 15592 |
| (H) "County MR/DD board" means a county board of mental | 15593 |
| retardation and developmental disabilities. | 15594 |
| (I) "Recognized valuation" means the amount calculated for a | 15595 |
| school district pursuant to section 3317.015 of the Revised Code. | 15596 |
| (J) "Transportation ADM" means the number of children | 15597 |
| reported under division (B)(13) of section 3317.03 of the Revised | 15598 |
| Code. | 15599 |
| (K) "Average efficient transportation use cost per student" | 15600 |
| means a statistical representation of transportation costs as | 15601 |
| calculated under division (D)(2) of section 3317.022 of the | 15602 |
| Revised Code. | 15603 |
| (L) "Taxes charged and payable" means the taxes charged and | 15604 |
| payable against real and public utility property after making the | 15605 |
| reduction required by section 319.301 of the Revised Code, plus | 15606 |
| the taxes levied against tangible personal property. | 15607 |
| (M) "Total taxable value" means the sum of the amounts | 15608 |
| certified for a city, local, exempted village, or joint vocational | 15609 |
| school district under divisions (A)(1) and (2) of section 3317.021 | 15610 |
| of the Revised Code. | 15611 |
| (N) "Cost-of-doing-business factor" means the amount | 15612 |
| indicated in division (N)(1) or (2) of this section for the county | 15613 |
| in which a city, local, exempted village, or joint vocational | 15614 |
| school district is located. If a city, local, or exempted village | 15615 |
| school district is located in more than one county, the factor is | 15616 |
| the amount indicated for the county to which the district is | 15617 |
| assigned by the state department of education. If a joint | 15618 |
| vocational school district is located in more than one county, the | 15619 |
| factor is the amount indicated for the county in which the joint | 15620 |
| vocational school with the greatest formula ADM operated by the | 15621 |
| district is located. | 15622 |
| (1) In fiscal year 2006, the cost-of-doing-business factor | 15623 |
| for each county is: | 15624 |
| COST-OF-DOING-BUSINESS | 15625 | |||
| COUNTY | FACTOR AMOUNT | 15626 | ||
| Adams | 1.00233 | 15627 | ||
| Allen | 1.01373 | 15628 | ||
| Ashland | 1.01980 | 15629 | ||
| Ashtabula | 1.02647 | 15630 | ||
| Athens | 1.00093 | 15631 | ||
| Auglaize | 1.01647 | 15632 | ||
| Belmont | 1.00427 | 15633 | ||
| Brown | 1.01180 | 15634 | ||
| Butler | 1.04307 | 15635 | ||
| Carroll | 1.00913 | 15636 | ||
| Champaign | 1.02973 | 15637 | ||
| Clark | 1.02980 | 15638 | ||
| Clermont | 1.03607 | 15639 | ||
| Clinton | 1.02193 | 15640 | ||
| Columbiana | 1.01427 | 15641 | ||
| Coshocton | 1.01153 | 15642 | ||
| Crawford | 1.01093 | 15643 | ||
| Cuyahoga | 1.04173 | 15644 | ||
| Darke | 1.02253 | 15645 | ||
| Defiance | 1.00973 | 15646 | ||
| Delaware | 1.03520 | 15647 | ||
| Erie | 1.02587 | 15648 | ||
| Fairfield | 1.02440 | 15649 | ||
| Fayette | 1.02127 | 15650 | ||
| Franklin | 1.04053 | 15651 | ||
| Fulton | 1.0220 | 15652 | ||
| Gallia | 1.00000 | 15653 | ||
| Geauga | 1.03340 | 15654 | ||
| Greene | 1.02960 | 15655 | ||
| Guernsey | 1.00440 | 15656 | ||
| Hamilton | 1.05000 | 15657 | ||
| Hancock | 1.01433 | 15658 | ||
| Hardin | 1.02373 | 15659 | ||
| Harrison | 1.00493 | 15660 | ||
| Henry | 1.02120 | 15661 | ||
| Highland | 1.00987 | 15662 | ||
| Hocking | 1.01253 | 15663 | ||
| Holmes | 1.01187 | 15664 | ||
| Huron | 1.01953 | 15665 | ||
| Jackson | 1.00920 | 15666 | ||
| Jefferson | 1.00487 | 15667 | ||
| Knox | 1.01860 | 15668 | ||
| Lake | 1.03493 | 15669 | ||
| Lawrence | 1.00540 | 15670 | ||
| Licking | 1.02540 | 15671 | ||
| Logan | 1.02567 | 15672 | ||
| Lorain | 1.03433 | 15673 | ||
| Lucas | 1.02600 | 15674 | ||
| Madison | 1.03253 | 15675 | ||
| Mahoning | 1.02307 | 15676 | ||
| Marion | 1.02040 | 15677 | ||
| Medina | 1.03573 | 15678 | ||
| Meigs | 1.00173 | 15679 | ||
| Mercer | 1.01353 | 15680 | ||
| Miami | 1.02740 | 15681 | ||
| Monroe | 1.00333 | 15682 | ||
| Montgomery | 1.03020 | 15683 | ||
| Morgan | 1.00593 | 15684 | ||
| Morrow | 1.02007 | 15685 | ||
| Muskingum | 1.00847 | 15686 | ||
| Noble | 1.00487 | 15687 | ||
| Ottawa | 1.03240 | 15688 | ||
| Paulding | 1.00767 | 15689 | ||
| Perry | 1.01067 | 15690 | ||
| Pickaway | 1.02607 | 15691 | ||
| Pike | 1.00687 | 15692 | ||
| Portage | 1.03147 | 15693 | ||
| Preble | 1.02947 | 15694 | ||
| Putnam | 1.01440 | 15695 | ||
| Richland | 1.01327 | 15696 | ||
| Ross | 1.01007 | 15697 | ||
| Sandusky | 1.02140 | 15698 | ||
| Scioto | 1.00080 | 15699 | ||
| Seneca | 1.01487 | 15700 | ||
| Shelby | 1.01853 | 15701 | ||
| Stark | 1.01700 | 15702 | ||
| Summit | 1.03613 | 15703 | ||
| Trumbull | 1.02340 | 15704 | ||
| Tuscarawas | 1.00593 | 15705 | ||
| Union | 1.03333 | 15706 | ||
| Van Wert | 1.00887 | 15707 | ||
| Vinton | 1.00633 | 15708 | ||
| Warren | 1.04387 | 15709 | ||
| Washington | 1.00400 | 15710 | ||
| Wayne | 1.02320 | 15711 | ||
| Williams | 1.01520 | 15712 | ||
| Wood | 1.02400 | 15713 | ||
| Wyandot | 1.01140 | 15714 |
| (2) In fiscal year 2007, the cost-of-doing-business factor | 15715 |
| for each county is: | 15716 |
| COST-OF-DOING-BUSINESS | 15717 | |||
| COUNTY | FACTOR AMOUNT | 15718 | ||
| Adams | 1.00117 | 15719 | ||
| Allen | 1.00687 | 15720 | ||
| Ashland | 1.00990 | 15721 | ||
| Ashtabula | 1.01323 | 15722 | ||
| Athens | 1.00047 | 15723 | ||
| Auglaize | 1.00823 | 15724 | ||
| Belmont | 1.00213 | 15725 | ||
| Brown | 1.00590 | 15726 | ||
| Butler | 1.02153 | 15727 | ||
| Carroll | 1.00457 | 15728 | ||
| Champaign | 1.01487 | 15729 | ||
| Clark | 1.01490 | 15730 | ||
| Clermont | 1.01803 | 15731 | ||
| Clinton | 1.01097 | 15732 | ||
| Columbiana | 1.00713 | 15733 | ||
| Coshocton | 1.00577 | 15734 | ||
| Crawford | 1.00547 | 15735 | ||
| Cuyahoga | 1.02087 | 15736 | ||
| Darke | 1.01127 | 15737 | ||
| Defiance | 1.00487 | 15738 | ||
| Delaware | 1.01760 | 15739 | ||
| Erie | 1.01293 | 15740 | ||
| Fairfield | 1.01220 | 15741 | ||
| Fayette | 1.01063 | 15742 | ||
| Franklin | 1.02027 | 15743 | ||
| Fulton | 1.01100 | 15744 | ||
| Gallia | 1.00000 | 15745 | ||
| Geauga | 1.01670 | 15746 | ||
| Greene | 1.01480 | 15747 | ||
| Guernsey | 1.00220 | 15748 | ||
| Hamilton | 1.02500 | 15749 | ||
| Hancock | 1.00717 | 15750 | ||
| Hardin | 1.01187 | 15751 | ||
| Harrison | 1.00247 | 15752 | ||
| Henry | 1.01060 | 15753 | ||
| Highland | 1.00493 | 15754 | ||
| Hocking | 1.00627 | 15755 | ||
| Holmes | 1.00593 | 15756 | ||
| Huron | 1.00977 | 15757 | ||
| Jackson | 1.00460 | 15758 | ||
| Jefferson | 1.00243 | 15759 | ||
| Knox | 1.00930 | 15760 | ||
| Lake | 1.01747 | 15761 | ||
| Lawrence | 1.00270 | 15762 | ||
| Licking | 1.01270 | 15763 | ||
| Logan | 1.01283 | 15764 | ||
| Lorain | 1.01717 | 15765 | ||
| Lucas | 1.01300 | 15766 | ||
| Madison | 1.01627 | 15767 | ||
| Mahoning | 1.01153 | 15768 | ||
| Marion | 1.01020 | 15769 | ||
| Medina | 1.01787 | 15770 | ||
| Meigs | 1.00087 | 15771 | ||
| Mercer | 1.00677 | 15772 | ||
| Miami | 1.01370 | 15773 | ||
| Monroe | 1.00167 | 15774 | ||
| Montgomery | 1.01510 | 15775 | ||
| Morgan | 1.00297 | 15776 | ||
| Morrow | 1.01003 | 15777 | ||
| Muskingum | 1.00423 | 15778 | ||
| Noble | 1.00243 | 15779 | ||
| Ottawa | 1.01620 | 15780 | ||
| Paulding | 1.00383 | 15781 | ||
| Perry | 1.00533 | 15782 | ||
| Pickaway | 1.01303 | 15783 | ||
| Pike | 1.00343 | 15784 | ||
| Portage | 1.01573 | 15785 | ||
| Preble | 1.01473 | 15786 | ||
| Putnam | 1.00720 | 15787 | ||
| Richland | 1.00663 | 15788 | ||
| Ross | 1.00503 | 15789 | ||
| Sandusky | 1.01070 | 15790 | ||
| Scioto | 1.00040 | 15791 | ||
| Seneca | 1.00743 | 15792 | ||
| Shelby | 1.00927 | 15793 | ||
| Stark | 1.00850 | 15794 | ||
| Summit | 1.01807 | 15795 | ||
| Trumbull | 1.01170 | 15796 | ||
| Tuscarawas | 1.00297 | 15797 | ||
| Union | 1.01667 | 15798 | ||
| Van Wert | 1.00443 | 15799 | ||
| Vinton | 1.00317 | 15800 | ||
| Warren | 1.02193 | 15801 | ||
| Washington | 1.00200 | 15802 | ||
| Wayne | 1.01160 | 15803 | ||
| Williams | 1.00760 | 15804 | ||
| Wood | 1.01200 | 15805 | ||
| Wyandot | 1.00570 | 15806 |
| (O) "Tax exempt value" of a school district means the amount | 15807 |
| certified for a school district under division (A)(4) of section | 15808 |
| 3317.021 of the Revised Code. | 15809 |
| (P) "Potential value" of a school district means the | 15810 |
| recognized valuation of a school district plus the tax exempt | 15811 |
| value of the district. | 15812 |
| (Q) "District median income" means the median Ohio adjusted | 15813 |
| gross income certified for a school district. On or before the | 15814 |
| first day of July of each year, the tax commissioner shall certify | 15815 |
| to the department of education for each city, exempted village, | 15816 |
| and local school district the median Ohio adjusted gross income of | 15817 |
| the residents of the school district determined on the basis of | 15818 |
| tax returns filed for the second preceding tax year by the | 15819 |
| residents of the district. | 15820 |
| (R) "Statewide median income" means the median district | 15821 |
| median income of all city, exempted village, and local school | 15822 |
| districts in the state. | 15823 |
| (S) "Income factor" for a city, exempted village, or local | 15824 |
| school district means the quotient obtained by dividing that | 15825 |
| district's median income by the statewide median income. | 15826 |
| (T) "Medically fragile child" means a child to whom all of | 15827 |
| the following apply: | 15828 |
| (1) The child requires the services of a doctor of medicine | 15829 |
| or osteopathic medicine at least once a week due to the | 15830 |
| instability of the child's medical condition. | 15831 |
| (2) The child requires the services of a registered nurse on | 15832 |
| a daily basis. | 15833 |
| (3) The child is at risk of institutionalization in a | 15834 |
| hospital, skilled nursing facility, or intermediate care facility | 15835 |
| for the mentally retarded. | 15836 |
| (U) A child may be identified as "other health | 15837 |
| handicapped-major" if the child's condition meets the definition | 15838 |
| of "other health impaired" established in rules adopted by the | 15839 |
| state board of education prior to July 1, 2001, and if either of | 15840 |
| the following apply: | 15841 |
| (1) The child is identified as having a medical condition | 15842 |
| that is among those listed by the superintendent of public | 15843 |
| instruction as conditions where a substantial majority of cases | 15844 |
| fall within the definition of "medically fragile child." The | 15845 |
| superintendent of public instruction shall issue an initial list | 15846 |
| no later than September 1, 2001. | 15847 |
| (2) The child is determined by the superintendent of public | 15848 |
| instruction to be a medically fragile child. A school district | 15849 |
| superintendent may petition the superintendent of public | 15850 |
| instruction for a determination that a child is a medically | 15851 |
| fragile child. | 15852 |
| (V) A child may be identified as "other health | 15853 |
| handicapped-minor" if the child's condition meets the definition | 15854 |
| of "other health impaired" established in rules adopted by the | 15855 |
| state board of education prior to July 1, 2001, but the child's | 15856 |
| condition does not meet either of the conditions specified in | 15857 |
| division (U)(1) or (2) of this section. | 15858 |
| (W) "SF-3 payment" means the sum of the payments to a school | 15859 |
| district in a fiscal year under divisions (A), (C)(1), (C)(4), | 15860 |
| (D), (E), and (F) of section 3317.022, divisions | 15861 |
| and | 15862 |
| 3317.0217, 3317.04, 3317.05, 3317.052, and 3317.053 of the Revised | 15863 |
| Code after making the adjustments required by sections 3313.981 | 15864 |
| and 3313.979 of the Revised Code, divisions (B), (C), (D), (E), | 15865 |
| (K), (L), (M), (N), and (O) of section 3317.023, and division (C) | 15866 |
| of section 3317.20 of the Revised Code. | 15867 |
| (X) "Property exemption value" means zero in fiscal year | 15868 |
| 2006, and in fiscal year 2007 and each fiscal year thereafter, the | 15869 |
| amount certified for a school district under divisions (A)(6) and | 15870 |
| (7) of section 3317.021 of the Revised Code. | 15871 |
| Sec. 3317.021. (A) On or before the first day of June of | 15872 |
| each year, the tax commissioner shall certify to the department of | 15873 |
|
education the | 15874 |
| to (8) of this section for each city, exempted village, and local | 15875 |
| school district, and the information required by divisions (A)(1) | 15876 |
| and (2) of this section for each joint vocational school district, | 15877 |
| and it shall be used, along with the information certified under | 15878 |
| division (B) of this section, in making the computations for the | 15879 |
| district under sections 3317.022, 3317.0216, and 3317.0217 or | 15880 |
|
section 3317.16 of the Revised Code | 15881 |
| (1) The taxable value of real and public utility real | 15882 |
| property in the school district subject to taxation in the | 15883 |
|
preceding tax year, by class and by county of location | 15884 |
| (2) The taxable value of tangible personal property, | 15885 |
| including public utility personal property, subject to taxation by | 15886 |
|
the district for the preceding tax year | 15887 |
| (3)(a) The total property tax rate and total taxes charged | 15888 |
| and payable for the current expenses for the preceding tax year | 15889 |
| and the total property tax rate and the total taxes charged and | 15890 |
| payable to a joint vocational district for the preceding tax year | 15891 |
| that are limited to or to the extent apportioned to current | 15892 |
|
expenses | 15893 |
| (b) The portion of the amount of taxes charged and payable | 15894 |
| reported for each city, local, and exempted village school | 15895 |
| district under division (A)(3)(a) of this section attributable to | 15896 |
| a joint vocational school district. | 15897 |
| (4) The value of all real and public utility real property in | 15898 |
| the school district exempted from taxation minus both of the | 15899 |
| following: | 15900 |
| (a) The value of real and public utility real property in the | 15901 |
| district owned by the United States government and used | 15902 |
| exclusively for a public purpose; | 15903 |
| (b) The value of real and public utility real property in the | 15904 |
| district exempted from taxation under Chapter 725. or 1728. or | 15905 |
| section 3735.67, 5709.40, 5709.41, 5709.62, 5709.63, 5709.632, | 15906 |
| 5709.73, or 5709.78 of the Revised Code. | 15907 |
| (5) The total federal adjusted gross income of the residents | 15908 |
| of the school district, based on tax returns filed by the | 15909 |
| residents of the district, for the most recent year for which this | 15910 |
|
information is
available | 15911 |
| (6) The sum of the school district compensation value as | 15912 |
| indicated on the list of exempted property for the preceding tax | 15913 |
| year under section 5713.08 of the Revised Code as if such property | 15914 |
| had been assessed for taxation that year and the other | 15915 |
| compensation value for the school district, minus the amounts | 15916 |
| described in divisions (A)(6)(c) to (i) of this section. The | 15917 |
| portion of school district compensation value or other | 15918 |
| compensation value attributable to an incentive district exemption | 15919 |
| may be subtracted only once even if that incentive district | 15920 |
| satisfies more than one of the criteria in divisions (A)(6)(c) to | 15921 |
| (i) of this section. | 15922 |
| (a) "School district compensation value" means the aggregate | 15923 |
| value of real property in the school district exempted from | 15924 |
| taxation pursuant to an ordinance or resolution adopted | 15925 |
| 15926 | |
| (C) of section 5709.40 | 15927 |
| 15928 | |
| 15929 | |
| division (B) of section 5709.78 of the Revised Code | 15930 |
| 15931 | |
| the charging of payments in lieu of taxes | 15932 |
| paid to the school district under division (D)(1) or (2) of | 15933 |
| section 5709.40, division (D) | 15934 |
| (C) | 15935 |
| 15936 | |
| 15937 | |
| 15938 | |
| 15939 |
| | 15940 |
| 15941 |
| (b) "Other compensation value" means the quotient that | 15942 |
| results from dividing (i) the dollar value of compensation | 15943 |
| received by the school district during the preceding tax year | 15944 |
| pursuant to division (B), (C), or (D) of section 5709.82 of the | 15945 |
| Revised Code and the amounts received pursuant to an agreement as | 15946 |
| specified in division (D)(2) of section 5709.40, division (D) of | 15947 |
| section 5709.73, or division (C) of section 5709.78 of the Revised | 15948 |
| Code to the extent those amounts were not previously reported or | 15949 |
| included in division (A)(6)(a) of this section, and so that any | 15950 |
| such amount is reported only once under division (A)(6)(b) of this | 15951 |
| section, in relation to exemptions from taxation granted pursuant | 15952 |
| to an ordinance or resolution adopted under division (C) of | 15953 |
| section 5709.40, division (C) of section 5709.73, or division (B) | 15954 |
| of section 5709.78 of the Revised Code, by (ii) the real property | 15955 |
| tax rate in effect for the preceding tax year for | 15956 |
| nonresidential/agricultural real property after making the | 15957 |
| reductions required by section 319.301 of the Revised Code. | 15958 |
| (c) The portion of school district compensation value or | 15959 |
| other compensation value that was exempted from taxation pursuant | 15960 |
| to such an ordinance or resolution for the preceding tax year, if | 15961 |
| the ordinance or resolution is adopted prior to January 1, 2006, | 15962 |
| and the legislative authority or board of township trustees or | 15963 |
| county commissioners, prior to January 1, 2006, executes a | 15964 |
| contract or agreement with a developer, whether for-profit or | 15965 |
| not-for-profit, with respect to the development of a project | 15966 |
| undertaken or to be undertaken and identified in the ordinance or | 15967 |
| resolution, and upon which parcels such project is being, or will | 15968 |
| be, undertaken; | 15969 |
| | 15970 |
| 15971 | |
| 15972 | |
| 15973 | |
| 15974 | |
| 15975 | |
| 15976 | |
| 15977 | |
| 15978 | |
| 15979 | |
| 15980 | |
| 15981 | |
| 15982 | |
| 15983 | |
| 15984 | |
| 15985 | |
| 15986 | |
| 15987 | |
| 15988 | |
| 15989 |
| | 15990 |
| 15991 | |
| The portion of school district compensation value that was | 15992 |
| exempted from taxation for the preceding tax year and for which | 15993 |
| payments in lieu of taxes for the preceding tax year were provided | 15994 |
| to the school district under division (D)(1) of section 5709.40 of | 15995 |
| the Revised Code. | 15996 |
| (e) The portion of school district compensation value that | 15997 |
| was exempted from taxation for the preceding tax year pursuant to | 15998 |
| such an ordinance or resolution, if and to the extent that, on or | 15999 |
| before April 1, 2006, the fiscal officer of the municipal | 16000 |
| corporation that adopted the ordinance, or of the township or | 16001 |
| county that adopted the resolution, certifies and provides | 16002 |
| appropriate supporting documentation to the tax commissioner and | 16003 |
| the director of development that, based on hold-harmless | 16004 |
| provisions in any agreement between the school district and the | 16005 |
| legislative authority of the municipal corporation, board of | 16006 |
| township trustees, or board of county commissioners that was | 16007 |
| entered into on or before June 1, 2005, the ability or obligation | 16008 |
| of the municipal corporation, township, or county to repay bonds, | 16009 |
| notes, or other financial obligations issued or entered into prior | 16010 |
| to January 1, 2006, will be impaired, including obligations to or | 16011 |
| of any other body corporate and politic with whom the legislative | 16012 |
| authority of the municipal corporation or board of township | 16013 |
| trustees or county commissioners has entered into an agreement | 16014 |
| pertaining to the use of service payments derived from the | 16015 |
| improvements exempted; | 16016 |
| | 16017 |
| 16018 | |
| The portion of school district compensation value that was | 16019 |
| exempted from taxation for the preceding tax year pursuant to such | 16020 |
| an ordinance or resolution, if the ordinance or resolution is | 16021 |
| adopted prior to January 1, 2006, in a municipal corporation with | 16022 |
| a population that exceeds one hundred thousand, as shown by the | 16023 |
| most recent federal decennial census, that includes a major | 16024 |
| employment center and that is adjacent to historically distressed | 16025 |
| neighborhoods, if the legislative authority of the municipal | 16026 |
| corporation | 16027 |
| 16028 | |
| economic analysis that demonstrates that all taxes generated | 16029 |
| within the incentive district accruing to the state by reason of | 16030 |
| improvements constructed within the district during its existence | 16031 |
| exceed the amount the state pays the school district under section | 16032 |
| 3317.022 of the Revised Code attributable to such property | 16033 |
| exemption from the school district's recognized valuation. The | 16034 |
| analysis shall be submitted to and approved by the department of | 16035 |
| development prior to January 1, 2006, and the department shall not | 16036 |
| unreasonably withhold approval. | 16037 |
| 16038 | |
| 16039 |
| | 16040 |
| 16041 | |
| The portion of school district compensation value that was | 16042 |
| exempted from taxation for the preceding tax year under such an | 16043 |
| ordinance or resolution, if the ordinance or resolution is adopted | 16044 |
| prior to January 1, 2006, and if service payments have been | 16045 |
| pledged to be used for mixed-use riverfront entertainment | 16046 |
| development in any county with a population that exceeds six | 16047 |
| hundred thousand, as shown by the most recent federal decennial | 16048 |
| census; | 16049 |
| | 16050 |
| 16051 | |
| The portion of school district compensation value that was | 16052 |
| exempted from taxation for the preceding tax year under such an | 16053 |
| ordinance or resolution, if, prior to January 1, 2006, the | 16054 |
| legislative authority of a municipal corporation, board of | 16055 |
| township trustees, or board of county commissioners has pledged | 16056 |
| service payments for a designated transportation capacity project | 16057 |
| approved by the transportation review advisory council under | 16058 |
| Chapter 5512. of the Revised Code; | 16059 |
| | 16060 |
| 16061 | |
| The portion of school district compensation value that was | 16062 |
| exempted from taxation for the preceding tax year under such an | 16063 |
| ordinance or resolution if the legislative authority of a | 16064 |
| municipal corporation, board of township trustees, or board of | 16065 |
| county commissioners have, by January 1, 2006, pledged proceeds | 16066 |
| for designated transportation improvement projects that involve | 16067 |
| federal funds for which the proceeds are used to meet a local | 16068 |
| share match requirement for such funding. | 16069 |
| As used in division (A)(6) of this section, "project" has the | 16070 |
| same meaning as in section 5709.40 of the Revised Code. | 16071 |
| (7) The aggregate value of real property in the school | 16072 |
| district for which an exemption from taxation is granted by an | 16073 |
| ordinance or resolution adopted on or after January 1, 2006, under | 16074 |
| Chapter 725. or 1728., sections 3735.65 to 3735.70, or section | 16075 |
| 5709.62, 5709.63, 5709.632, 5709.84, or 5709.88 of the Revised | 16076 |
| Code, as indicated on the list of exempted property for the | 16077 |
| preceding tax year under section 5713.08 of the Revised Code and | 16078 |
| as if such property had been assessed for taxation that year, | 16079 |
| 16080 | |
| 16081 | |
| 16082 | |
| multiplying (a) the aggregate value of the real property in the | 16083 |
| school district exempted from taxation for the preceding tax year | 16084 |
| under any of the chapters or sections specified in this division, | 16085 |
| by (b) a fraction, the numerator of which is the difference | 16086 |
| between (i) the amount of anticipated revenue such school district | 16087 |
| would have received | 16088 |
| real property exempted from taxation had not been exempted from | 16089 |
| taxation and (ii) the aggregate amount of payments in lieu of | 16090 |
| taxes on the exempt real property for the preceding tax year and | 16091 |
| other compensation received | 16092 |
| by the school district pursuant to any agreements entered into on | 16093 |
| or after January 1, 2006, under section 5709.82 of the Revised | 16094 |
| Code between the school district and the legislative authority of | 16095 |
| a political subdivision that acted under the authority of a | 16096 |
| chapter or statute specified in this division, that were entered | 16097 |
| into in relation to such exemption, and the denominator of which | 16098 |
| is the amount of anticipated revenue such school district would | 16099 |
| have received in the preceding fiscal year if the real property | 16100 |
| exempted from taxation had not been exempted. | 16101 |
| (8) For each school district receiving payments under | 16102 |
| division (B) or (C) of section 3317.0216 of the Revised Code | 16103 |
| during the current fiscal year, as included on the most recent | 16104 |
| list of such districts sent to the tax commissioner under division | 16105 |
| (F) of that section, the following: | 16106 |
| (a) The portion of the total amount of taxes charged and | 16107 |
| payable for current expenses certified under division (A)(3)(a) of | 16108 |
| this section that is attributable to each new levy approved and | 16109 |
| charged in the preceding tax year and the respective tax rate of | 16110 |
| each of those new levies; | 16111 |
| (b) The portion of the total taxes collected for current | 16112 |
| expenses under a school district income tax adopted pursuant to | 16113 |
| section 5748.03 or 5748.08 of the Revised Code, as certified under | 16114 |
| division (A)(2) of section 3317.08 of the Revised Code, that is | 16115 |
| attributable to each new school district income tax first | 16116 |
| effective in the current taxable year or in the preceding taxable | 16117 |
| year. | 16118 |
| (B) On or before the first day of May each year, the tax | 16119 |
| commissioner shall certify to the department of education the | 16120 |
| total taxable real property value of railroads and, separately, | 16121 |
| the total taxable tangible personal property value of all public | 16122 |
| utilities for the preceding tax year, by school district and by | 16123 |
| county of location. | 16124 |
| (C) If a public utility has properly and timely filed a | 16125 |
| petition for reassessment under section 5727.47 of the Revised | 16126 |
| Code with respect to an assessment issued under section 5727.23 of | 16127 |
| the Revised Code affecting taxable property apportioned by the tax | 16128 |
| commissioner to a school district, the taxable value of public | 16129 |
| utility tangible personal property included in the certification | 16130 |
| under divisions (A)(2) and (B) of this section for the school | 16131 |
| district shall include only the amount of taxable value on the | 16132 |
| basis of which the public utility paid tax for the preceding year | 16133 |
| as provided in division (B)(1) or (2) of section 5727.47 of the | 16134 |
| Revised Code. | 16135 |
| (D) If on the basis of the information certified under | 16136 |
| division (A) of this section, the department determines that any | 16137 |
| district fails in any year to meet the qualification requirement | 16138 |
| specified in division (A) of section 3317.01 of the Revised Code, | 16139 |
| the department shall immediately request the tax commissioner to | 16140 |
| determine the extent to which any school district income tax | 16141 |
| levied by the district under Chapter 5748. of the Revised Code | 16142 |
| shall be included in meeting that requirement. Within five days of | 16143 |
| receiving such a request from the department, the tax commissioner | 16144 |
| shall make the determination required by this division and report | 16145 |
| the quotient obtained under division (D)(3) of this section to the | 16146 |
| department. This quotient represents the number of mills that the | 16147 |
| department shall include in determining whether the district meets | 16148 |
| the qualification requirement of division (A) of section 3317.01 | 16149 |
| of the Revised Code. | 16150 |
| The tax commissioner shall make the determination required by | 16151 |
| this division as follows: | 16152 |
| (1) Multiply one mill times the total taxable value of the | 16153 |
| district as determined in divisions (A)(1) and (2) of this | 16154 |
| section; | 16155 |
| (2) Estimate the total amount of tax liability for the | 16156 |
| current tax year under taxes levied by Chapter 5748. of the | 16157 |
| Revised Code that are apportioned to current operating expenses of | 16158 |
| the district; | 16159 |
| (3) Divide the amount estimated under division (D)(2) of this | 16160 |
| section by the product obtained under division (D)(1) of this | 16161 |
| section. | 16162 |
| (E)(1) On or before June 1, 2006, and the first day of | 16163 |
| April of each year thereafter, the director of development shall | 16164 |
| 16165 | |
| commissioner the total | 16166 |
| city, local, exempted village, or joint vocational school district | 16167 |
| 16168 | |
| 16169 | |
| (D) of section 5709.73, division (C) of section 5709.78, or | 16170 |
| division (B)(1), (B)(2), (C), or (D) of section 5709.82 of the | 16171 |
| Revised Code in relation to exemptions from taxation granted | 16172 |
| pursuant to an ordinance adopted by the legislative authority of a | 16173 |
| municipal corporation under division (C) | 16174 |
| the Revised Code, or a resolution adopted by a board of township | 16175 |
| trustees or board of county commissioners under division (C) | 16176 |
| section 5709.73 or division (B) | 16177 |
| Revised Code, respectively. On or before April 1, 2006, and the | 16178 |
| first day of | 16179 |
| each city, local, exempted village, or joint vocational school | 16180 |
| district that has entered into such an agreement shall report to | 16181 |
| the director of development the total | 16182 |
| payments the district received | 16183 |
| 16184 | |
| state board of education, in accordance with sections 3319.31 and | 16185 |
| 3319.311 of the Revised Code, may suspend or revoke the license of | 16186 |
| a treasurer found to have willfully reported erroneous, | 16187 |
| inaccurate, or incomplete data under this division. | 16188 |
| (2) On or before April 1, 2007, and the first day of April of | 16189 |
| each year thereafter, the director of development shall report to | 16190 |
| the department of education and to the tax commissioner the total | 16191 |
| amounts of payments received by each city, local, exempted | 16192 |
| village, or joint vocational school district for the preceding tax | 16193 |
| year pursuant to divisions (B), (C), and (D) of section 5709.82 of | 16194 |
| the Revised Code in relation to exemptions from taxation granted | 16195 |
| pursuant to ordinances or resolutions adopted on or after January | 16196 |
| 1, 2006, under Chapter 725. or 1728., sections 3735.65 to 3735.70, | 16197 |
| or section 5709.62, 5709.63, 5709.632, 5709.84, or 5709.88 of the | 16198 |
| Revised Code. On or before March 1, 2007, and the first day of | 16199 |
| March of each year thereafter, the treasurer of each city, local, | 16200 |
| exempted village, or joint vocational school district that has | 16201 |
| entered into such an agreement shall report to the director of | 16202 |
| development the total amounts of such payments the district | 16203 |
| received for the preceding tax year as provided by this section. | 16204 |
| The state board of education, in accordance with sections 3319.31 | 16205 |
| and 3319.311 of the Revised Code, may suspend or revoke the | 16206 |
| license of a treasurer found to have willfully reported erroneous, | 16207 |
| inaccurate, or incomplete data under this division. | 16208 |
| Sec. 3317.022. (A) The department of education shall compute | 16209 |
| and distribute state base cost funding to each school district for | 16210 |
| the fiscal year using the information obtained under section | 16211 |
| 3317.021 of the Revised Code in the calendar year in which the | 16212 |
| fiscal year begins. | 16213 |
| (1) Compute the following for each eligible district: | 16214 |
| 16215 |
| 16216 |
| 16217 |
| 16218 |
| 16219 |
| 16220 |
| 16221 |
| If the difference obtained is a negative number, the | 16222 |
| district's computation shall be zero. | 16223 |
| (2) Compute both of the following for each school district: | 16224 |
| (a) The difference of (i) the district's fiscal year 2005 | 16225 |
| base cost payment under the version of division (A)(1) of this | 16226 |
| section in effect in fiscal year 2005, minus (ii) the amount | 16227 |
| computed for the district for the current fiscal year under | 16228 |
| current division (A)(1) of this section; | 16229 |
| (b) The following amount: | 16230 |
| 16231 |
| 16232 |
| 16233 |
| 16234 |
| 16235 |
| If one of the amounts computed under division (A)(2)(a) or | 16236 |
| (b) of this section is a positive amount, the department shall pay | 16237 |
| the district that amount in addition to the amount calculated | 16238 |
| under division (A)(1) of this section. If both amounts are | 16239 |
| positive amounts, the department shall pay the district the lesser | 16240 |
| of the two amounts in addition to the amount calculated under | 16241 |
| division (A)(1) of this section. | 16242 |
| (3)(a) For each school district for which the tax exempt | 16243 |
| value of the district equals or exceeds twenty-five per cent of | 16244 |
| the potential value of the district, the department of education | 16245 |
| shall calculate the difference between the district's tax exempt | 16246 |
| value and twenty-five per cent of the district's potential value. | 16247 |
| (b) For each school district to which division (A)(3)(a) of | 16248 |
| this section applies, the department shall adjust the recognized | 16249 |
| valuation used in the calculation under division (A)(1) of this | 16250 |
| section by subtracting from it the amount calculated under | 16251 |
| division (A)(3)(a) of this section. | 16252 |
| (B) As used in this section: | 16253 |
| (1) The "total special education weight" for a district means | 16254 |
| the sum of the following amounts: | 16255 |
| (a) The district's category one special education ADM | 16256 |
| multiplied by the multiple specified in division (A) of section | 16257 |
| 3317.013 of the Revised Code; | 16258 |
| (b) The district's category two special education ADM | 16259 |
| multiplied by the multiple specified in division (B) of section | 16260 |
| 3317.013 of the Revised Code; | 16261 |
| (c) The district's category three special education ADM | 16262 |
| multiplied by the multiple specified in division (C) of section | 16263 |
| 3317.013 of the Revised Code; | 16264 |
| (d) The district's category four special education ADM | 16265 |
| multiplied by the multiple specified in division (D) of section | 16266 |
| 3317.013 of the Revised Code; | 16267 |
| (e) The district's category five special education ADM | 16268 |
| multiplied by the multiple specified in division (E) of section | 16269 |
| 3317.013 of the Revised Code; | 16270 |
| (f) The district's category six special education ADM | 16271 |
| multiplied by the multiple specified in division (F) of section | 16272 |
| 3317.013 of the Revised Code. | 16273 |
| (2) "State share percentage" means the percentage calculated | 16274 |
| for a district as follows: | 16275 |
| (a) Calculate the state base cost funding amount for the | 16276 |
| district for the fiscal year under division (A) of this section. | 16277 |
| If the district would not receive any state base cost funding for | 16278 |
| that year under that division, the district's state share | 16279 |
| percentage is zero. | 16280 |
| (b) If the district would receive state base cost funding | 16281 |
| under that division, divide that amount by an amount equal to the | 16282 |
| following: | 16283 |
| 16284 |
| 16285 |
| 16286 |
| 16287 |
| 16288 |
| The resultant number is the district's state share | 16289 |
| percentage. | 16290 |
| (3) "Related services" includes: | 16291 |
| (a) Child study, special education supervisors and | 16292 |
| coordinators, speech and hearing services, adaptive physical | 16293 |
| development services, occupational or physical therapy, teacher | 16294 |
| assistants for handicapped children whose handicaps are described | 16295 |
| in division (B) of section 3317.013 or division (F)(3) of section | 16296 |
| 3317.02 of the Revised Code, behavioral intervention, interpreter | 16297 |
| services, work study, nursing services, and specialized | 16298 |
| integrative services as those terms are defined by the department; | 16299 |
| (b) Speech and language services provided to any student with | 16300 |
| a handicap, including any student whose primary or only handicap | 16301 |
| is a speech and language handicap; | 16302 |
| (c) Any related service not specifically covered by other | 16303 |
| state funds but specified in federal law, including but not | 16304 |
| limited to, audiology and school psychological services; | 16305 |
| (d) Any service included in units funded under former | 16306 |
| division (O)(1) of section 3317.023 of the Revised Code; | 16307 |
| (e) Any other related service needed by handicapped children | 16308 |
| in accordance with their individualized education plans. | 16309 |
| (4) The "total vocational education weight" for a district | 16310 |
| means the sum of the following amounts: | 16311 |
| (a) The district's category one vocational education ADM | 16312 |
| multiplied by the multiple specified in division (A) of section | 16313 |
| 3317.014 of the Revised Code; | 16314 |
| (b) The district's category two vocational education ADM | 16315 |
| multiplied by the multiple specified in division (B) of section | 16316 |
| 3317.014 of the Revised Code. | 16317 |
| (C)(1) The department shall compute and distribute state | 16318 |
| special education and related services additional weighted costs | 16319 |
| funds to each school district in accordance with the following | 16320 |
| formula: | 16321 |
| 16322 |
| 16323 |
| 16324 |
| 16325 |
| (2) The attributed local share of special education and | 16326 |
| related services additional weighted costs equals: | 16327 |
| 16328 |
| 16329 |
| 16330 |
| (3)(a) The department shall compute and pay in accordance | 16331 |
| with this division additional state aid to school districts for | 16332 |
| students in categories two through six special education ADM. If a | 16333 |
| district's costs for the fiscal year for a student in its | 16334 |
| categories two through six special education ADM exceed the | 16335 |
| threshold catastrophic cost for serving the student, the district | 16336 |
| may submit to the superintendent of public instruction | 16337 |
| documentation, as prescribed by the superintendent, of all its | 16338 |
| costs for that student. Upon submission of documentation for a | 16339 |
| student of the type and in the manner prescribed, the department | 16340 |
| shall pay to the district an amount equal to the sum of the | 16341 |
| following: | 16342 |
| (i) One-half of the district's costs for the student in | 16343 |
| excess of the threshold catastrophic cost; | 16344 |
| (ii) The product of one-half of the district's costs for the | 16345 |
| student in excess of the threshold catastrophic cost multiplied by | 16346 |
| the district's state share percentage. | 16347 |
| (b) For purposes of division (C)(3)(a) of this section, the | 16348 |
| threshold catastrophic cost for serving a student equals: | 16349 |
| (i) For a student in the school district's category two, | 16350 |
| three, four, or five special education ADM, twenty-five thousand | 16351 |
| dollars in fiscal year 2002, twenty-five thousand seven hundred | 16352 |
| dollars in fiscal years 2003, 2004, and 2005, and twenty-six | 16353 |
| thousand five hundred dollars in fiscal years 2006 and 2007; | 16354 |
| (ii) For a student in the district's category six special | 16355 |
| education ADM, thirty thousand dollars in fiscal year 2002, thirty | 16356 |
| thousand eight hundred forty dollars in fiscal years 2003, 2004, | 16357 |
| and 2005, and thirty-one thousand eight hundred dollars in fiscal | 16358 |
| years 2006 and 2007. | 16359 |
| (c) The district shall only report under division (C)(3)(a) | 16360 |
| of this section, and the department shall only pay for, the costs | 16361 |
| of educational expenses and the related services provided to the | 16362 |
| student in accordance with the student's individualized education | 16363 |
| program. Any legal fees, court costs, or other costs associated | 16364 |
| with any cause of action relating to the student may not be | 16365 |
| included in the amount. | 16366 |
| (4)(a) As used in this division, the "personnel allowance" | 16367 |
|
means
thirty
thousand dollars
in fiscal
years 2002, 2003, 2004, | 16368 |
| 2005, 2006, and 2007. | 16369 |
| (b) For the provision of speech language pathology services | 16370 |
| to students, including students who do not have individualized | 16371 |
| education programs prepared for them under Chapter 3323. of the | 16372 |
| Revised Code, and for no other purpose, the department of | 16373 |
| education shall pay each school district an amount calculated | 16374 |
| under the following formula: | 16375 |
| 16376 |
| 16377 |
| 16378 |
| (5) In any fiscal year, a school district shall spend for | 16379 |
| purposes that the department designates as approved for special | 16380 |
| education and related services expenses at least the amount | 16381 |
| calculated as follows: | 16382 |
| 16383 |
| 16384 |
| 16385 |
| 16386 |
| The purposes approved by the department for special education | 16387 |
| expenses shall include, but shall not be limited to, | 16388 |
| identification of handicapped children, compliance with state | 16389 |
| rules governing the education of handicapped children and | 16390 |
| prescribing the continuum of program options for handicapped | 16391 |
| children, provision of speech language pathology services, and the | 16392 |
| portion of the school district's overall administrative and | 16393 |
| overhead costs that are attributable to the district's special | 16394 |
| education student population. | 16395 |
| The department shall require school districts to report data | 16396 |
| annually to allow for monitoring compliance with division (C)(5) | 16397 |
| of this section. The department shall annually report to the | 16398 |
| governor and the general assembly the amount of money spent by | 16399 |
| each school district for special education and related services. | 16400 |
| (6) In any fiscal year, a school district shall spend for the | 16401 |
| provision of speech language pathology services not less than the | 16402 |
| sum of the amount calculated under division (C)(1) of this section | 16403 |
| for the students in the district's category one special education | 16404 |
| ADM and the amount calculated under division (C)(4) of this | 16405 |
| section. | 16406 |
| (D)(1) As used in this division: | 16407 |
| (a) "Daily bus miles per student" equals the number of bus | 16408 |
| miles traveled per day, divided by transportation base. | 16409 |
| (b) "Transportation base" equals total student count as | 16410 |
| defined in section 3301.011 of the Revised Code, minus the number | 16411 |
| of students enrolled in preschool handicapped units, plus the | 16412 |
| number of nonpublic school students included in transportation | 16413 |
| ADM. | 16414 |
| (c) "Transported student percentage" equals transportation | 16415 |
| ADM divided by transportation base. | 16416 |
| (d) "Transportation cost per student" equals total operating | 16417 |
| costs for board-owned or contractor-operated school buses divided | 16418 |
| by transportation base. | 16419 |
| (2) Analysis of student transportation cost data has resulted | 16420 |
| in a finding that an average efficient transportation use cost per | 16421 |
| student can be calculated by means of a regression formula that | 16422 |
| has as its two independent variables the number of daily bus miles | 16423 |
| per student and the transported student percentage. For fiscal | 16424 |
| year 1998 transportation cost data, the average efficient | 16425 |
| transportation use cost per student is expressed as follows: | 16426 |
| 16427 |
| 16428 |
| The department of education shall annually determine the | 16429 |
| average efficient transportation use cost per student in | 16430 |
| accordance with the principles stated in division (D)(2) of this | 16431 |
| section, updating the intercept and regression coefficients of the | 16432 |
| regression formula modeled in this division, based on an annual | 16433 |
| statewide analysis of each school district's daily bus miles per | 16434 |
| student, transported student percentage, and transportation cost | 16435 |
| per student data. The department shall conduct the annual update | 16436 |
| using data, including daily bus miles per student, transported | 16437 |
| student percentage, and transportation cost per student data, from | 16438 |
| the prior fiscal year. The department shall notify the office of | 16439 |
| budget and management of such update by the fifteenth day of | 16440 |
| February of each year. | 16441 |
| (3) In addition to funds paid under divisions (A), (C), and | 16442 |
| (E) of this section, each district with a transported student | 16443 |
| percentage greater than zero shall receive a payment equal to a | 16444 |
| percentage of the product of the district's transportation base | 16445 |
| from the prior fiscal year times the annually updated average | 16446 |
| efficient transportation use cost per student, times an inflation | 16447 |
| factor of two and eight tenths per cent to account for the | 16448 |
| one-year difference between the data used in updating the formula | 16449 |
| and calculating the payment and the year in which the payment is | 16450 |
| made. The percentage shall be the following percentage of that | 16451 |
| product specified for the corresponding fiscal year: | 16452 |
| FISCAL YEAR | PERCENTAGE | 16453 | |||
| 2000 | 52.5% | 16454 | |||
| 2001 | 55% | 16455 | |||
| 2002 | 57.5% | 16456 | |||
| 2003 and thereafter | The greater of 60% or the district's state share percentage | 16457 |
| The payments made under division (D)(3) of this section each | 16458 |
| year shall be calculated based on all of the same prior year's | 16459 |
| data used to update the formula. | 16460 |
| (4) In addition to funds paid under divisions (D)(2) and (3) | 16461 |
| of this section, a school district shall receive a rough road | 16462 |
| subsidy if both of the following apply: | 16463 |
| (a) Its county rough road percentage is higher than the | 16464 |
| statewide rough road percentage, as those terms are defined in | 16465 |
| division (D)(5) of this section; | 16466 |
| (b) Its district student density is lower than the statewide | 16467 |
| student density, as those terms are defined in that division. | 16468 |
| (5) The rough road subsidy paid to each district meeting the | 16469 |
| qualifications of division (D)(4) of this section shall be | 16470 |
| calculated in accordance with the following formula: | 16471 |
| 16472 |
| 16473 |
| where: | 16474 |
| (a) "Per rough mile subsidy" equals the amount calculated in | 16475 |
| accordance with the following formula: | 16476 |
| 16477 |
| 16478 |
| 16479 |
| (i) "Maximum rough road percentage" means the highest county | 16480 |
| rough road percentage in the state. | 16481 |
| (ii) "County rough road percentage" equals the percentage of | 16482 |
| the mileage of state, municipal, county, and township roads that | 16483 |
| is rated by the department of transportation as type A, B, C, E2, | 16484 |
| or F in the county in which the school district is located or, if | 16485 |
| the district is located in more than one county, the county to | 16486 |
| which it is assigned for purposes of determining its | 16487 |
| cost-of-doing-business factor. | 16488 |
| (iii) "Statewide rough road percentage" means the percentage | 16489 |
| of the statewide total mileage of state, municipal, county, and | 16490 |
| township roads that is rated as type A, B, C, E2, or F by the | 16491 |
| department of transportation. | 16492 |
| (b) "Total rough road miles" means a school district's total | 16493 |
| bus miles traveled in one year times its county rough road | 16494 |
| percentage. | 16495 |
| (c) "Density multiplier" means a figure calculated in | 16496 |
| accordance with the following formula: | 16497 |
| 16498 |
| 16499 |
| 16500 |
| (i) "Minimum student density" means the lowest district | 16501 |
| student density in the state. | 16502 |
| (ii) "District student density" means a school district's | 16503 |
| transportation base divided by the number of square miles in the | 16504 |
| district. | 16505 |
| (iii) "Statewide student density" means the sum of the | 16506 |
| transportation bases for all school districts divided by the sum | 16507 |
| of the square miles in all school districts. | 16508 |
| (6) In addition to funds paid under divisions (D)(2) to (5) | 16509 |
| of this section, each district shall receive in accordance with | 16510 |
| rules adopted by the state board of education a payment for | 16511 |
| students transported by means other than board-owned or | 16512 |
| contractor-operated buses and whose transportation is not funded | 16513 |
|
under division | 16514 |
| rules shall include provisions for school district reporting of | 16515 |
| such students. | 16516 |
| (E)(1) The department shall compute and distribute state | 16517 |
| vocational education additional weighted costs funds to each | 16518 |
| school district in accordance with the following formula: | 16519 |
| 16520 |
| 16521 |
| 16522 |
| In any fiscal year, a school district receiving funds under | 16523 |
| division (E)(1) of this section shall spend those funds only for | 16524 |
| the purposes that the department designates as approved for | 16525 |
| vocational education expenses. Vocational educational expenses | 16526 |
| approved by the department shall include only expenses connected | 16527 |
| to the delivery of career-technical programming to | 16528 |
| career-technical students. The department shall require the school | 16529 |
| district to report data annually so that the department may | 16530 |
| monitor the district's compliance with the requirements regarding | 16531 |
| the manner in which funding received under division (E)(1) of this | 16532 |
| section may be spent. | 16533 |
| (2) The department shall compute for each school district | 16534 |
| state funds for vocational education associated services in | 16535 |
| accordance with the following formula: | 16536 |
| 16537 |
| 16538 |
| 16539 |
| In any fiscal year, a school district receiving funds under | 16540 |
| division (E)(2) of this section, or through a transfer of funds | 16541 |
| pursuant to division (L) of section 3317.023 of the Revised Code, | 16542 |
| shall spend those funds only for the purposes that the department | 16543 |
| designates as approved for vocational education associated | 16544 |
| services expenses, which may include such purposes as | 16545 |
| apprenticeship coordinators, coordinators for other vocational | 16546 |
| education services, vocational evaluation, and other purposes | 16547 |
| designated by the department. The department may deny payment | 16548 |
| under division (E)(2) of this section to any district that the | 16549 |
| department determines is not operating those services or is using | 16550 |
| funds paid under division (E)(2) of this section, or through a | 16551 |
| transfer of funds pursuant to division (L) of section 3317.023 of | 16552 |
| the Revised Code, for other purposes. | 16553 |
| (F) The actual local share in any fiscal year for the | 16554 |
| combination of special education and related services additional | 16555 |
| weighted costs funding calculated under division (C)(1) of this | 16556 |
| section, transportation funding calculated under divisions (D)(2) | 16557 |
| and (3) of this section, and vocational education and associated | 16558 |
| services additional weighted costs funding calculated under | 16559 |
| divisions (E)(1) and (2) of this section shall not exceed for any | 16560 |
| school district the product of three and three-tenths mills times | 16561 |
| the district's recognized valuation. The department annually shall | 16562 |
| pay each school district as an excess cost supplement any amount | 16563 |
| by which the sum of the district's attributed local shares for | 16564 |
| that funding exceeds that product. For purposes of calculating the | 16565 |
| excess cost supplement: | 16566 |
| (1) The attributed local share for special education and | 16567 |
| related services additional weighted costs funding is the amount | 16568 |
| specified in division (C)(2) of this section. | 16569 |
| (2) The attributed local share of transportation funding | 16570 |
| equals the difference of the total amount calculated for the | 16571 |
| district using the formula developed under division (D)(2) of this | 16572 |
| section minus the actual amount paid to the district after | 16573 |
| applying the percentage specified in division (D)(3) of this | 16574 |
| section. | 16575 |
| (3) The attributed local share of vocational education and | 16576 |
| associated services additional weighted costs funding is the | 16577 |
| amount determined as follows: | 16578 |
| 16579 |
| 16580 |
| 16581 |
| 16582 |
| Sec. 3317.024. In addition to the moneys paid to eligible | 16583 |
| school districts pursuant to section 3317.022 of the Revised Code, | 16584 |
| moneys appropriated for the education programs in divisions (A) to | 16585 |
| 16586 | |
| shall be distributed to school districts meeting the requirements | 16587 |
| of section 3317.01 of the Revised Code; in the case of divisions | 16588 |
| 16589 | |
| as provided in section 3317.11 of the Revised Code; in the case of | 16590 |
|
divisions | 16591 |
| MR/DD
boards; in the case of division | 16592 |
| joint
vocational school districts; in the
case of division | 16593 |
| of this section, to cooperative education school districts; and in | 16594 |
| the
case of division | 16595 |
| defined under section 3317.082 of the Revised Code providing | 16596 |
| elementary or secondary education programs to children other than | 16597 |
| children receiving special education under section 3323.091 of the | 16598 |
| Revised Code. The following shall be distributed monthly, | 16599 |
| quarterly, or annually as may be determined by the state board of | 16600 |
| education: | 16601 |
| (A) | 16602 |
| 16603 | |
| 16604 |
| | 16605 |
| state school district for the operation of each high school and | 16606 |
| each elementary school maintained within such district and for | 16607 |
| capital improvements for such schools. Such amounts shall be | 16608 |
| determined on the basis of standards adopted by the state board of | 16609 |
| education. | 16610 |
| | 16611 |
| for children of migrant workers who are unable to be in attendance | 16612 |
| in an Ohio school during the entire regular school year. The | 16613 |
| amounts shall be determined on the basis of standards adopted by | 16614 |
| the state board of education, except that payment shall be made | 16615 |
| only for subjects regularly offered by the school district | 16616 |
| providing the classes. | 16617 |
| | 16618 |
| testing, and counseling programs approved by the state board of | 16619 |
| education. The amount shall be determined on the basis of | 16620 |
| standards adopted by the state board of education. | 16621 |
| | 16622 |
| as provided for in section 3317.07 of the Revised Code; | 16623 |
| | 16624 |
| tuition for a child in an institution maintained by the department | 16625 |
| of youth services pursuant to section 3317.082 of the Revised | 16626 |
| Code, provided the child was not included in the calculation of | 16627 |
| the district's average daily membership for the preceding school | 16628 |
| year. | 16629 |
| | 16630 |
| 16631 | |
| 16632 | |
| 16633 | |
| 16634 | |
| 16635 | |
| 16636 |
| | 16637 |
| district participating in programs approved by the state board of | 16638 |
| education. The amount shall be determined on the basis of | 16639 |
| standards adopted by the state board of education. | 16640 |
| | 16641 |
| 16642 | |
| 16643 | |
| 16644 | |
| 16645 | |
| 16646 | |
| 16647 | |
| 16648 | |
| 16649 | |
| 16650 |
| | 16651 |
| eligible pupils with disabilities attending a special education | 16652 |
| program approved by the department of education whom it is | 16653 |
| impossible or impractical to transport by regular school bus in | 16654 |
| the course of regular route transportation provided by the | 16655 |
| district or service center. No district or service center is | 16656 |
| eligible to receive a payment under this division for the cost of | 16657 |
| transporting any pupil whom it transports by regular school bus | 16658 |
| and who is included in the district's transportation ADM. The | 16659 |
| state board of education shall establish standards and guidelines | 16660 |
| for use by the department of education in determining the approved | 16661 |
| cost of such transportation for each district or service center. | 16662 |
| | 16663 |
| cooperative education school district, pursuant to section 3313.81 | 16664 |
| of the Revised Code to assist in providing free lunches to needy | 16665 |
| children and an amount to assist needy school districts in | 16666 |
| purchasing necessary equipment for food preparation. The amounts | 16667 |
| shall be determined on the basis of rules adopted by the state | 16668 |
| board of education. | 16669 |
| | 16670 |
| attending a chartered nonpublic elementary or high school within | 16671 |
| the district. The amount shall equal the amount appropriated for | 16672 |
| the implementation of section 3317.06 of the Revised Code divided | 16673 |
| by the average daily membership in grades kindergarten through | 16674 |
| twelve in nonpublic elementary and high schools within the state | 16675 |
| as determined during the first full week in October of each school | 16676 |
| year. | 16677 |
| | 16678 |
| the basis of standards adopted by the state board of education, | 16679 |
| for the approved cost of transportation required for children | 16680 |
| attending special education programs operated by the county MR/DD | 16681 |
| board under section 3323.09 of the Revised Code; | 16682 |
| | 16683 |
| 16684 | |
| 16685 |
| | 16686 |
| mentor teacher program that complies with rules of the state board | 16687 |
| of education. No school district shall be required to establish or | 16688 |
| maintain such a program in any year unless sufficient funds are | 16689 |
| appropriated to cover the district's total costs for the program. | 16690 |
| | 16691 |
| service center for the total number of gifted units approved | 16692 |
| pursuant to section 3317.05 of the Revised Code. The amount for | 16693 |
| each such unit shall be the sum of the minimum salary for the | 16694 |
| teacher of the unit, calculated on the basis of the teacher's | 16695 |
| training level and years of experience pursuant to the salary | 16696 |
| schedule prescribed in the version of section 3317.13 of the | 16697 |
| Revised Code in effect prior to July 1, 2001, plus fifteen per | 16698 |
| cent of that minimum salary amount, plus two thousand six hundred | 16699 |
| seventy-eight dollars. | 16700 |
| | 16701 |
| 3317.082 of the Revised Code providing elementary or secondary | 16702 |
| education to children other than children receiving special | 16703 |
| education under section 3323.091 of the Revised Code. This amount | 16704 |
| for any institution in any fiscal year shall equal the total of | 16705 |
| all tuition amounts required to be paid to the institution under | 16706 |
| division (A)(1) of section 3317.082 of the Revised Code. | 16707 |
| | 16708 |
| school district that operates a "graduation, reality, and | 16709 |
| dual-role skills" (GRADS) program for pregnant and parenting | 16710 |
| students that is approved by the department. The amount of the | 16711 |
| payment shall be the district's state share percentage, as defined | 16712 |
| in section 3317.022 or 3317.16 of the Revised Code, times the | 16713 |
| GRADS personnel allowance times the full-time-equivalent number of | 16714 |
| GRADS teachers approved by the department. The GRADS personnel | 16715 |
| allowance is $47,555 in fiscal years 2004, 2005, 2006, and 2007. | 16716 |
| The state board of education or any other board of education | 16717 |
| or governing board may provide for any resident of a district or | 16718 |
| educational service center territory any educational service for | 16719 |
| which funds are made available to the board by the United States | 16720 |
| under the authority of public law, whether such funds come | 16721 |
| directly or indirectly from the United States or any agency or | 16722 |
| department thereof or through the state or any agency, department, | 16723 |
| or political subdivision thereof. | 16724 |
| Sec. 3317.029. (A) As used in this section: | 16725 |
| (1) "Poverty percentage" means the quotient obtained by | 16726 |
| dividing the five-year average number of children ages five to | 16727 |
| seventeen residing in the school district and living in a family | 16728 |
| receiving assistance under the Ohio works first program or an | 16729 |
| antecedent program known as TANF or ADC, as certified or adjusted | 16730 |
| under section 3317.10 of the Revised Code, by the district's | 16731 |
| three-year average formula ADM. | 16732 |
| (2) "Statewide poverty percentage" means the five-year | 16733 |
| average of the total number of children ages five to seventeen | 16734 |
| years residing in the state and receiving assistance under the | 16735 |
| Ohio works first program or an antecedent program known as TANF or | 16736 |
| ADC, divided by the sum of the three-year average formula ADMs for | 16737 |
| all school districts in the state. | 16738 |
| (3) "Poverty index" means the quotient obtained by dividing | 16739 |
| the school district's poverty percentage by the statewide poverty | 16740 |
| percentage. | 16741 |
| (4) "Poverty student count" means the five-year average | 16742 |
| number of children ages five to seventeen residing in the school | 16743 |
| district and living in a family receiving assistance under the | 16744 |
| Ohio works first program or an antecedent program known as TANF or | 16745 |
| ADC, as certified under section 3317.10
of the Revised
Code | 16746 |
| (5) "Kindergarten ADM" means the number of students reported | 16747 |
| under section 3317.03 of the Revised Code as enrolled in | 16748 |
| kindergarten, excluding any kindergarten students reported under | 16749 |
| division (B)(3)(e) or (f) of section 3317.03 of the Revised Code. | 16750 |
| (6) "Kindergarten through third grade ADM" means the amount | 16751 |
| calculated as follows: | 16752 |
| (a) Multiply the kindergarten ADM by the sum of one plus the | 16753 |
| all-day kindergarten percentage; | 16754 |
| (b) Add the number of students in grades one through three; | 16755 |
| (c) Subtract from the sum calculated under division (A)(6)(b) | 16756 |
| of this section the number of special education students in grades | 16757 |
| kindergarten through three. | 16758 |
| "Kindergarten through third grade ADM" shall not include any | 16759 |
| students reported under division (B)(3)(e) or (f) of section | 16760 |
| 3317.03 of the Revised Code. | 16761 |
| (7) "All-day kindergarten" means a kindergarten class that is | 16762 |
| in session five days per week for not less than the same number of | 16763 |
| clock hours each day as for pupils in grades one through six. | 16764 |
| (8) "All-day kindergarten percentage" means the percentage of | 16765 |
| a district's actual total number of students enrolled in | 16766 |
| kindergarten who are enrolled in all-day kindergarten. | 16767 |
| (9) "Buildings with the highest concentration of need" means | 16768 |
| the school buildings in a district with percentages of students in | 16769 |
| grades kindergarten through three receiving assistance under Ohio | 16770 |
| works first at least as high as the district-wide percentage of | 16771 |
| students receiving such assistance. | 16772 |
| If, in any fiscal year, the information provided by the | 16773 |
| department of job and family services under section 3317.10 of the | 16774 |
| Revised Code is insufficient to determine the Ohio works first | 16775 |
| percentage in each building, "buildings with the highest | 16776 |
| concentration of need" has the meaning given in rules that the | 16777 |
| department of education shall adopt. The rules shall base the | 16778 |
| definition of "buildings with the highest concentration of need" | 16779 |
| on family income of students in grades kindergarten through three | 16780 |
| in a manner that, to the extent possible with available data, | 16781 |
| approximates the intent of this division and division (K) of this | 16782 |
| section to designate buildings where the Ohio works first | 16783 |
| percentage in those grades equals or exceeds the district-wide | 16784 |
| Ohio works first percentage. | 16785 |
| (B) In addition to the amounts required to be paid to a | 16786 |
| school district under section 3317.022 of the Revised Code, the | 16787 |
| department of education shall compute and distribute to each | 16788 |
| school district for poverty-based assistance the greater of the | 16789 |
| following: | 16790 |
| (1) The amount the district received in fiscal year 2005 for | 16791 |
| disadvantaged pupil impact aid pursuant to Section 41.10 of Am. | 16792 |
| Sub. H.B. 95 of the 125th General Assembly, as amended, minus the | 16793 |
| amount deducted from the district under Section 16 of Am. Sub. | 16794 |
| S.B. 2 of the 125th General Assembly that year for payments to | 16795 |
| internet- and computer-based community schools; | 16796 |
| (2) The sum of the computations made under divisions (C) to | 16797 |
| (I) of this section. | 16798 |
| (C) A payment for academic intervention programs, if the | 16799 |
| district's poverty index is greater than or equal to 0.25, | 16800 |
| calculated as follows: | 16801 |
| (1) If the district's poverty index is greater than or equal | 16802 |
| to 0.25, calculate the district's level one amount for large-group | 16803 |
| academic intervention for all students as follows: | 16804 |
| (a) If the district's poverty index is greater than or equal | 16805 |
| to 0.25 but less than 0.75: | 16806 |
| 16807 |
| 16808 |
| 16809 |
| Where: | 16810 |
| (i) "Large-group intervention units" equals the district's | 16811 |
| formula ADM divided by 20; | 16812 |
| (ii) "Hourly rate" equals $20.00 in fiscal year 2006 and | 16813 |
| $20.40 in fiscal year 2007; | 16814 |
| (iii) "Level one hours" equals 25 hours; | 16815 |
| (iv) "Phase-in percentage" equals 0.60 in fiscal year 2006 | 16816 |
| and 1.00 in fiscal year 2007. | 16817 |
| (b) If the district's poverty index is greater than or equal | 16818 |
| to 0.75: | 16819 |
| 16820 |
| 16821 |
| Where "large-group intervention units," "hourly rate," "level | 16822 |
| one hours," and "phase-in percentage" have the same meanings as in | 16823 |
| division (C)(1)(a) of this section. | 16824 |
| (2) If the district's poverty index is greater than or equal | 16825 |
| to 0.75, calculate the district's level two amount for | 16826 |
| medium-group academic intervention for all students as follows: | 16827 |
| (a) If the district's poverty index is greater than or equal | 16828 |
| to 0.75 but less than 1.50: | 16829 |
| 16830 |
| 16831 |
| 16832 |
| Where: | 16833 |
| (i) "Medium group intervention units" equals the district's | 16834 |
| formula ADM divided by 15; | 16835 |
| (ii) "Hourly rate," "level one hours," and "phase-in | 16836 |
| percentage" have the same meanings as in division (C)(1)(a) of | 16837 |
| this section. | 16838 |
| (b) If the district's poverty index is greater than or equal | 16839 |
| to 1.50: | 16840 |
| 16841 |
| 16842 |
| Where: | 16843 |
| (i) "Medium group intervention units" has the same meaning as | 16844 |
| in division (C)(2)(a)(i) of this section; | 16845 |
| (ii) "Hourly rate" and "phase-in percentage" have the same | 16846 |
| meanings as in division (C)(1)(a) of this section; | 16847 |
| (iii) "Level two hours" equals 50 hours. | 16848 |
| (3) If the district's poverty index is greater than or equal | 16849 |
| to 1.50, calculate the district's level three amount for | 16850 |
| small-group academic intervention for impoverished students as | 16851 |
| follows: | 16852 |
| (a) If the district's poverty index is greater than or equal | 16853 |
| to 1.50 but less than 2.50: | 16854 |
| 16855 |
| 16856 |
| 16857 |
| Where: | 16858 |
| (i) "Small group intervention units" equals the quotient of | 16859 |
| (the district's poverty student count times 3) divided by 10; | 16860 |
| (ii) "Hourly rate," "level one hours," and "phase-in | 16861 |
| percentage" have the same meanings as in division (C)(1)(a) of | 16862 |
| this section; | 16863 |
| (iii) "Level three hours" equals 135 hours. | 16864 |
| (b) If the district's poverty index is greater than or equal | 16865 |
| to 2.50: | 16866 |
| 16867 |
| 16868 |
| Where: | 16869 |
| (i) "Small group intervention units" has the same meaning as | 16870 |
| in division (C)(3)(a)(i) of this section; | 16871 |
| (ii) "Hourly rate" and "phase-in percentage" have the same | 16872 |
| meanings as in division (C)(1)(a) of this section; | 16873 |
| (iii) "Level three hours" equals 160 hours. | 16874 |
| Any district that receives funds under division (C)(2) or (3) | 16875 |
| of this section annually shall submit to the department of | 16876 |
| education by a date established by the department a plan | 16877 |
| describing how the district will deploy those funds. The | 16878 |
| deployment measures described in that plan shall comply with any | 16879 |
| applicable spending requirements prescribed in division (J)(6) of | 16880 |
| this section or with any order issued by the superintendent of | 16881 |
| public instruction under section 3317.017 of the Revised Code. | 16882 |
| (D) A payment for all-day kindergarten if the poverty index | 16883 |
| of the school district is greater than or equal to 1.0 or if the | 16884 |
| district's three-year average formula ADM exceeded seventeen | 16885 |
| thousand five hundred. In addition, the department shall make a | 16886 |
| payment under this division to any school district that, in a | 16887 |
| prior fiscal year, qualified for this payment and provided all-day | 16888 |
| kindergarten, regardless of changes to the district's poverty | 16889 |
| index. The department shall calculate the payment under this | 16890 |
| division by multiplying the all-day kindergarten percentage by the | 16891 |
| kindergarten ADM and multiplying that product by the formula | 16892 |
| amount. | 16893 |
| (E) A class-size reduction payment based on calculating the | 16894 |
| number of new teachers necessary to achieve a lower | 16895 |
| student-teacher ratio, as follows: | 16896 |
| (1) Determine or calculate a formula number of teachers per | 16897 |
| one thousand students based on the poverty index of the school | 16898 |
| district as follows: | 16899 |
| (a) If the poverty index of the school district is less than | 16900 |
| 1.0, the formula number of teachers is 50.0, which is the number | 16901 |
| of teachers per one thousand students at a student-teacher ratio | 16902 |
| of twenty to one; | 16903 |
| (b) If the poverty index of the school district is greater | 16904 |
| than or equal to 1.0, but less than 1.5, the formula number of | 16905 |
| teachers is calculated as follows: | 16906 |
| 16907 |
| Where 50.0 is the number of teachers per one thousand | 16908 |
| students at a student-teacher ratio of twenty to one; 0.5 is the | 16909 |
| interval from a poverty index of 1.0 to a poverty index of 1.5; | 16910 |
| and 16.667 is the difference in the number of teachers per one | 16911 |
| thousand students at a student-teacher ratio of fifteen to one and | 16912 |
| the number of teachers per one thousand students at a | 16913 |
| student-teacher ratio of twenty to one. | 16914 |
| (c) If the poverty index of the school district is greater | 16915 |
| than or equal to 1.5, the formula number of teachers is 66.667, | 16916 |
| which is the number of teachers per one thousand students at a | 16917 |
| student-teacher ratio of fifteen to one. | 16918 |
| (2) Multiply the formula number of teachers determined or | 16919 |
| calculated in division (E)(1) of this section by the kindergarten | 16920 |
| through third grade ADM for the district and divide that product | 16921 |
| by one thousand; | 16922 |
| (3) Calculate the number of new teachers as follows: | 16923 |
| (a) Multiply the kindergarten through third grade ADM by | 16924 |
| 50.0, which is the number of teachers per one thousand students at | 16925 |
| a student-teacher ratio of twenty to one, and divide that product | 16926 |
| by one thousand; | 16927 |
| (b) Subtract the quotient obtained in division (E)(3)(a) of | 16928 |
| this section from the product in division (E)(2) of this section. | 16929 |
| (4) Multiply the greater of the difference obtained under | 16930 |
| division (E)(3) of this section or zero by the statewide average | 16931 |
| teachers compensation. For this purpose, the "statewide average | 16932 |
| teacher compensation" is $53,680 in fiscal year 2006 and $54,941 | 16933 |
| in fiscal year 2007, which includes an amount for the value of | 16934 |
| fringe benefits. | 16935 |
| (F) A payment for services to limited English proficient | 16936 |
| students, if the district's poverty index is greater than or equal | 16937 |
| to 1.0 and the proportion of its students who are limited English | 16938 |
| proficient, as reported in 2003 on its school district report | 16939 |
| issued under section 3302.03 of the Revised Code for the 2002-2003 | 16940 |
| school year, is greater than or equal to 2.0%, calculated as | 16941 |
| follows: | 16942 |
| (1) If the district's poverty index is greater than or equal | 16943 |
| to 1.0, but less than 1.75, determine the amount per limited | 16944 |
| English proficient student as follows: | 16945 |
| 16946 |
| 16947 |
| (2) If the district's poverty index is greater than or equal | 16948 |
| to 1.75, the amount per limited English proficient student equals: | 16949 |
| 16950 |
| (3) Multiply the per student amount determined for the | 16951 |
| district under division (F)(1) or (2) of this section by the | 16952 |
| number of the district's limited English proficient students, | 16953 |
| times a phase-in percentage of 0.40 in fiscal year 2006 and 0.70 | 16954 |
| in fiscal year 2007. For purposes of this calculation, the number | 16955 |
| of limited English proficient students for each district shall be | 16956 |
| the number determined by the department when it calculated the | 16957 |
| district's percentage of limited English proficient students for | 16958 |
| its school district report card issued in 2003 for the 2002-2003 | 16959 |
| school year. | 16960 |
| Not later than December 31, 2006, the department of education | 16961 |
| shall recommend to the general assembly and the director of budget | 16962 |
| and management a method of identifying the number of limited | 16963 |
| English proficient students for purposes of calculating payments | 16964 |
| under this division after fiscal year 2007. | 16965 |
| (G) A payment for professional development of teachers, if | 16966 |
| the district's poverty index is greater than or equal to 1.0, | 16967 |
| calculated as follows: | 16968 |
| (1) If the district's poverty index is greater than or equal | 16969 |
| to 1.0, but less than 1.75, determine the amount per teacher as | 16970 |
| follows: | 16971 |
| 16972 |
| (2) If the district's poverty index is greater than or equal | 16973 |
| to 1.75, the amount per teacher equals: | 16974 |
| 16975 |
| (3) Determine the number of teachers, as follows: | 16976 |
| 16977 |
| (4) Multiply the per teacher amount determined for the | 16978 |
| district under division (G)(1) or (2) of this section by the | 16979 |
| number of teachers determined under division (G)(3) of this | 16980 |
| section, times a phase-in percentage of 0.40 in fiscal year 2006 | 16981 |
| and 0.70 in fiscal year 2007. | 16982 |
| (H) A payment for dropout prevention, if the district is a | 16983 |
| big eight school district as defined in section 3314.02 of the | 16984 |
| Revised Code, calculated as follows: | 16985 |
| 16986 |
| 16987 |
| Where "phase-in percentage" equals 0.40 in fiscal year 2006 | 16988 |
| and 0.70 in fiscal year 2007. | 16989 |
| (I) An amount for community outreach, if the district is an | 16990 |
| urban school district as defined in section 3314.02 of the Revised | 16991 |
| Code, calculated as follows: | 16992 |
| 16993 |
| 16994 |
| Where "phase-in percentage" equals 0.40 in fiscal year 2006 | 16995 |
| and 0.70 in fiscal year 2007. | 16996 |
| (J) This division applies only to school districts whose | 16997 |
| poverty index is 1.0 or greater. | 16998 |
| (1) Each school district subject to this division shall first | 16999 |
| utilize funds received under this section so that, when combined | 17000 |
| with other funds of the district, sufficient funds exist to | 17001 |
| provide all-day kindergarten to at least the number of children in | 17002 |
| the district's all-day kindergarten percentage. To satisfy this | 17003 |
| requirement, a district may use funds paid under division (C), | 17004 |
| (F), (G), (H), or (I) of this section to provide all-day | 17005 |
| kindergarten in addition to the all-day kindergarten payment under | 17006 |
| division (D) of this section. | 17007 |
| (2) | 17008 |
| section, each school district shall use its payment under division | 17009 |
| (F) of this section for one or more of the following purposes: | 17010 |
| (a) To hire teachers for limited English proficient students | 17011 |
| or other personnel to provide intervention services for those | 17012 |
| students; | 17013 |
| (b) To contract for intervention services for those students; | 17014 |
| (c) To provide other services to assist those students in | 17015 |
| passing the third-grade reading achievement test, and to provide | 17016 |
| for those students the intervention services required by section | 17017 |
| 3313.608 of the Revised Code. | 17018 |
| (3) | 17019 |
| section, each school district shall use its payment under division | 17020 |
| (G) of this section for professional development of teachers or | 17021 |
| other licensed personnel providing educational services to | 17022 |
| students only in one or more of the following areas: | 17023 |
| (a) Data-based decision making; | 17024 |
| (b) Standards-based curriculum models; | 17025 |
| (c) Job-embedded professional development activities that are | 17026 |
| research-based, as defined in federal law. | 17027 |
| In addition, each district shall use the payment only to | 17028 |
| implement programs identified on a list of eligible professional | 17029 |
| development programs provided by the department of education. The | 17030 |
| department annually shall provide the list to each district | 17031 |
| receiving a payment under division (G) of this section. However, a | 17032 |
| district may apply to the department for a waiver to implement an | 17033 |
| alternative professional development program in one or more of the | 17034 |
| areas specified in divisions (J)(3)(a) to (c) of this section. If | 17035 |
| the department grants the waiver, the district may use its payment | 17036 |
| under division (G) of this section to implement the alternative | 17037 |
| program. | 17038 |
| (4) | 17039 |
| section, each big eight school district shall use its payment | 17040 |
| under division (H) of this section either for preventing at-risk | 17041 |
| students from dropping out of school, for safety and security | 17042 |
| measures described in division (J)(5)(b) of this section, for | 17043 |
| academic intervention services described in division (J)(6) of | 17044 |
| this section, or for a combination of those purposes. Not later | 17045 |
| than September 1, 2005, the department of education shall provide | 17046 |
| each big eight school district with a list of dropout prevention | 17047 |
| programs that it has determined are successful. The department | 17048 |
| subsequently may update the list. Each district that elects to use | 17049 |
| its payment under division (H) of this section for dropout | 17050 |
| prevention shall use the payment only to implement a dropout | 17051 |
| prevention program specified on the department's list. However, a | 17052 |
| district may apply to the department for a waiver to implement an | 17053 |
| alternative dropout prevention program. If the department grants | 17054 |
| the waiver, the district may use its payment under division (H) of | 17055 |
| this section to implement the alternative program. | 17056 |
| (5) | 17057 |
| section, each urban school district that has a poverty index | 17058 |
| greater than or equal to 1.0 shall use its payment under division | 17059 |
| (I) of this section for one or a combination of the following | 17060 |
| purposes: | 17061 |
| (a) To hire or contract for community liaison officers, | 17062 |
| attendance or truant officers, or safety and security personnel; | 17063 |
| (b) To implement programs designed to ensure that schools are | 17064 |
| free of drugs and violence and have a disciplined environment | 17065 |
| conducive to learning; | 17066 |
| (c) To implement academic intervention services described in | 17067 |
| division (J)(6) of this section. | 17068 |
| (6) | 17069 |
| section, each school district with a poverty index greater than or | 17070 |
| equal to 1.0 shall use the amount of its payment under division | 17071 |
| (C) of this section, and may use any amount of its payment under | 17072 |
| division (H) or (I) of this section, for academic intervention | 17073 |
| services for students who have failed or are in danger of failing | 17074 |
| any of the tests administered pursuant to section 3301.0710 of the | 17075 |
| Revised Code, including intervention services required by section | 17076 |
|
3313.608 of the Revised Code. | 17077 |
| division (J)(1) of this section, no district shall spend any | 17078 |
| portion of its payment under division (C) of this section for any | 17079 |
| other purpose. Notwithstanding any provision to the contrary in | 17080 |
| Chapter 4117. of the Revised Code, no collective bargaining | 17081 |
| agreement entered into after | 17082 |
| June 30, 2005, shall require use of the payment for any other | 17083 |
| purpose. | 17084 |
| (7) Except as otherwise required by division (K) or permitted | 17085 |
| under division (O) of this section, all remaining funds | 17086 |
| distributed under this section to districts with a poverty index | 17087 |
| greater than or equal to 1.0 shall be utilized for the purpose of | 17088 |
| the third grade guarantee. The third grade guarantee consists of | 17089 |
| increasing the amount of instructional attention received per | 17090 |
| pupil in kindergarten through third grade, either by reducing the | 17091 |
| ratio of students to instructional personnel or by increasing the | 17092 |
| amount of instruction and curriculum-related activities by | 17093 |
| extending the length of the school day or the school year. | 17094 |
| School districts may implement a reduction of the ratio of | 17095 |
| students to instructional personnel through any or all of the | 17096 |
| following methods: | 17097 |
| (a) Reducing the number of students in a classroom taught by | 17098 |
| a single teacher; | 17099 |
| (b) Employing full-time educational aides or educational | 17100 |
| paraprofessionals issued a permit or license under section | 17101 |
| 3319.088 of the Revised Code; | 17102 |
| (c) Instituting a team-teaching method that will result in a | 17103 |
| lower student-teacher ratio in a classroom. | 17104 |
| Districts may extend the school day either by increasing the | 17105 |
| amount of time allocated for each class, increasing the number of | 17106 |
| classes provided per day, offering optional academic-related | 17107 |
| after-school programs, providing curriculum-related extra | 17108 |
| curricular activities, or establishing tutoring or remedial | 17109 |
| services for students who have demonstrated an educational need. | 17110 |
| In accordance with section 3319.089 of the Revised Code, a | 17111 |
| district extending the school day pursuant to this division may | 17112 |
| utilize a participant of the work experience program who has a | 17113 |
| child enrolled in a public school in that district and who is | 17114 |
| fulfilling the work requirements of that program by volunteering | 17115 |
| or working in that public school. If the work experience program | 17116 |
| participant is compensated, the school district may use the funds | 17117 |
| distributed under this section for all or part of the | 17118 |
| compensation. | 17119 |
| Districts may extend the school year either through adding | 17120 |
| regular days of instruction to the school calendar or by providing | 17121 |
| summer programs. | 17122 |
| (K) Each district shall not expend any funds received under | 17123 |
| division (E) of this section in any school buildings that are not | 17124 |
| buildings with the highest concentration of need, unless there is | 17125 |
| a ratio of instructional personnel to students of no more than | 17126 |
| fifteen to one in each kindergarten and first grade class in all | 17127 |
| buildings with the highest concentration of need. This division | 17128 |
| does not require that the funds used in buildings with the highest | 17129 |
| concentration of need be spent solely to reduce the ratio of | 17130 |
| instructional personnel to students in kindergarten and first | 17131 |
| grade. A school district may spend the funds in those buildings in | 17132 |
| any manner permitted by division (J)(7) of this section, but may | 17133 |
| not spend the money in other buildings unless the fifteen-to-one | 17134 |
| ratio required by this division is attained. | 17135 |
| (L)(1) By the first day of August of each fiscal year, each | 17136 |
| school district wishing to receive any funds under division (D) of | 17137 |
| this section shall submit to the department of education an | 17138 |
| estimate of its all-day kindergarten percentage. Each district | 17139 |
| shall update its estimate throughout the fiscal year in the form | 17140 |
| and manner required by the department, and the department shall | 17141 |
| adjust payments under this section to reflect the updates. | 17142 |
| (2) Annually by the end of December, the department of | 17143 |
| education, utilizing data from the information system established | 17144 |
|
under section 3301.0714
of the Revised Code | 17145 |
| 17146 | |
| determine for each school district subject to division (J) of this | 17147 |
| section whether in the preceding fiscal year the district's ratio | 17148 |
| of instructional personnel to students and its number of | 17149 |
| kindergarten students receiving all-day kindergarten appear | 17150 |
| reasonable, given the amounts of money the district received for | 17151 |
| that fiscal year pursuant to divisions (D) and (E) of this | 17152 |
| section. If the department is unable to verify from the data | 17153 |
| available that students are receiving reasonable amounts of | 17154 |
| instructional attention and all-day kindergarten, given the funds | 17155 |
| the district has received under this section and that class-size | 17156 |
| reduction funds are being used in school buildings with the | 17157 |
| highest concentration of need as required by division (K) of this | 17158 |
| section, the department shall conduct a more intensive | 17159 |
| investigation to ensure that funds have been expended as required | 17160 |
| by this section. The department shall file an annual report of its | 17161 |
| findings under this division with the chairpersons of the | 17162 |
| committees in each house of the general assembly dealing with | 17163 |
| finance and education. | 17164 |
| (M)(1) Each school district with a poverty index less than | 17165 |
|
1.0 | 17166 |
| 17167 | |
| of this section shall first utilize funds received under this | 17168 |
| section so that, when combined with other funds of the district, | 17169 |
| sufficient funds exist to provide all-day kindergarten to at least | 17170 |
| the number of children in the district's all-day kindergarten | 17171 |
| percentage. To satisfy this requirement, a district may use funds | 17172 |
| paid under division (C) or (I) of this section to provide all-day | 17173 |
| kindergarten in addition to the all-day kindergarten payment under | 17174 |
| division (D) of this section. | 17175 |
| (2) | 17176 |
| section, each school district with a poverty index less than 1.0 | 17177 |
| that receives a payment under division (C) of this section shall | 17178 |
| use its payment under that division in accordance with all | 17179 |
| requirements of division (J)(6) of this section. | 17180 |
| (3) | 17181 |
| section, each school district with a poverty index less than 1.0 | 17182 |
| that receives a payment under division (I) of this section shall | 17183 |
| use its payment under that division for one or a combination of | 17184 |
| the following purposes: | 17185 |
| (a) To hire or contract for community liaison officers, | 17186 |
| attendance or truant officers, or safety and security personnel; | 17187 |
| (b) To implement programs designed to ensure that schools are | 17188 |
| free of drugs and violence and have a disciplined environment | 17189 |
| conducive to learning; | 17190 |
| (c) To implement academic intervention services described in | 17191 |
| division (J)(6) of this section. | 17192 |
| (4) Each school district to which division (M)(1), (2), or | 17193 |
| (3) of this section applies shall expend the remaining funds | 17194 |
| received under this section, and any other district with a poverty | 17195 |
| index less than 1.0 shall expend all funds received under this | 17196 |
| section, for any of the following purposes: | 17197 |
| (a) The purchase of technology for instructional purposes for | 17198 |
| remediation; | 17199 |
| (b) All-day kindergarten; | 17200 |
| (c) Reduction of class sizes in grades kindergarten through | 17201 |
| three, as described in division (J)(7) of this section; | 17202 |
| (d) Summer school remediation; | 17203 |
| (e) Dropout prevention programs approved by the department of | 17204 |
| education under division (J)(4) of this section; | 17205 |
| (f) Guaranteeing that all third graders are ready to progress | 17206 |
| to more advanced work; | 17207 |
| (g) Summer education and work programs; | 17208 |
| (h) Adolescent pregnancy programs; | 17209 |
| (i) Head start, preschool, early childhood education, or | 17210 |
| early learning programs; | 17211 |
| (j) Reading improvement and remediation programs described by | 17212 |
| the department of education; | 17213 |
| (k) Programs designed to ensure that schools are free of | 17214 |
| drugs and violence and have a disciplined environment conducive to | 17215 |
| learning; | 17216 |
| (l) Furnishing, free of charge, materials used in courses of | 17217 |
| instruction, except for the necessary textbooks or electronic | 17218 |
| textbooks required to be furnished without charge pursuant to | 17219 |
| section 3329.06 of the Revised Code, to pupils living in families | 17220 |
| participating in Ohio works first in accordance with section | 17221 |
| 3313.642 of the Revised Code; | 17222 |
| (m) School breakfasts provided pursuant to section 3313.813 | 17223 |
| of the Revised Code. | 17224 |
| (N) If at any time the superintendent of public instruction | 17225 |
| determines that a school district receiving funds under division | 17226 |
| (D) of this section has enrolled less than the all-day | 17227 |
| kindergarten percentage reported for that fiscal year, the | 17228 |
| superintendent shall withhold from the funds otherwise due the | 17229 |
| district under this section a proportional amount as determined by | 17230 |
| the difference in the certified all-day kindergarten percentage | 17231 |
| and the percentage actually enrolled in all-day kindergarten. | 17232 |
| The superintendent shall also withhold an appropriate amount | 17233 |
| of funds otherwise due a district for any other misuse of funds | 17234 |
| not in accordance with this section. | 17235 |
| (O)(1) A district may use a portion of the funds calculated | 17236 |
| for it under division (D) of this section to modify or purchase | 17237 |
| classroom space to provide all-day kindergarten, if both of the | 17238 |
| following conditions are met: | 17239 |
| (a) The district certifies to the department, in a manner | 17240 |
| acceptable to the department, that it has a shortage of space for | 17241 |
| providing all-day kindergarten. | 17242 |
| (b) The district provides all-day kindergarten to the number | 17243 |
| of children in the all-day kindergarten percentage it certified | 17244 |
| under this section. | 17245 |
| (2) A district may use a portion of the funds described in | 17246 |
| division (J)(7) of this section to modify or purchase classroom | 17247 |
| space to enable it to further reduce class size in grades | 17248 |
| kindergarten through two with a goal of attaining class sizes of | 17249 |
| fifteen students per licensed teacher. To do so, the district must | 17250 |
| certify its need for additional space to the department, in a | 17251 |
| manner satisfactory to the department. | 17252 |
| Sec. 3317.0216. (A) As used in this section: | 17253 |
| (1) "Total taxes charged and payable for current expenses" | 17254 |
| means the sum of the taxes charged and payable as certified under | 17255 |
| division (A)(3)(a) of section 3317.021 of the Revised Code less | 17256 |
| any amounts reported under division (A)(3)(b) of that section, and | 17257 |
| the tax distribution for the preceding year under any school | 17258 |
| district income tax levied by the district pursuant to Chapter | 17259 |
| 5748. of the Revised Code to the extent the revenue from the | 17260 |
| income tax is allocated or apportioned to current expenses. | 17261 |
| (2) "Charge-off amount" means two and three-tenths per cent | 17262 |
| 17263 | |
| property exemption value). | 17264 |
| (3) Until fiscal year 2003, the "actual local share of | 17265 |
| special education, transportation, and vocational education | 17266 |
| funding" for any school district means the sum of the district's | 17267 |
| attributed local shares described in divisions (F)(1) to (3) of | 17268 |
| section 3317.022 of the Revised Code. Beginning in fiscal year | 17269 |
| 2003, the "actual local share of special education, | 17270 |
| transportation, and vocational education funding" means that sum | 17271 |
| minus the amount of any excess cost supplement payment calculated | 17272 |
| for the district under division (F) of section 3317.022 of the | 17273 |
| Revised Code. | 17274 |
| (4) "Current expense revenues from the tangible property tax | 17275 |
| replacement fund" means payments received from the school district | 17276 |
| tangible property tax replacement fund or the general revenue fund | 17277 |
| under section 5751.21 of the Revised Code for fixed-rate levies | 17278 |
| for current expenses and for fixed-sum levies for current | 17279 |
| expenses, including school district emergency levies under | 17280 |
| sections 5705.194 to 5705.197 of the Revised Code. | 17281 |
| (B) Upon receiving the certifications under section 3317.021 | 17282 |
| of the Revised Code, the department of education shall determine | 17283 |
| for each city, local, and exempted village school district whether | 17284 |
| the district's charge-off amount is greater than the sum of the | 17285 |
| district's total taxes charged and payable for current expenses | 17286 |
| and current expense revenues from the tangible property tax | 17287 |
| replacement fund, and if the charge-off amount is greater, shall | 17288 |
| pay the district the amount of the difference. A payment shall not | 17289 |
| be made to any school district for which the computation under | 17290 |
| division (A) of section 3317.022 of the Revised Code equals zero. | 17291 |
| (C)(1) If a district's charge-off amount is equal to or | 17292 |
| greater than the sum of its total taxes charged and payable for | 17293 |
| current expenses and current expense revenues from the tangible | 17294 |
| property tax replacement fund, the department shall, in addition | 17295 |
| to the payment required under division (B) of this section, pay | 17296 |
| the district the amount of its actual local share of special | 17297 |
| education, transportation, and vocational education funding. | 17298 |
| (2) If a district's charge-off amount is less than the sum of | 17299 |
| its total taxes charged and payable for current expenses and | 17300 |
| current expense revenues from the tangible property tax | 17301 |
| replacement fund, the department shall pay the district any amount | 17302 |
| by which its actual local share of special education, | 17303 |
| transportation, and vocational education funding exceeds the sum | 17304 |
| of its total taxes charged and payable for current expenses and | 17305 |
| current expense revenues from the tangible property tax | 17306 |
| replacement fund minus its charge-off amount. | 17307 |
| (D) If a school district that received a payment under | 17308 |
| division (B) or (C) of this section in the prior fiscal year is | 17309 |
| ineligible for payment under those divisions in the current fiscal | 17310 |
| year, the department shall determine if the ineligibility is the | 17311 |
| result of a property tax or income tax levy approved by the | 17312 |
| district's voters to take effect in tax year 2005 or thereafter. | 17313 |
| If the department determines that is the case, and calculates that | 17314 |
| the levy causing the ineligibility exceeded by at least one mill | 17315 |
| the equivalent millage of the prior year's payment under divisions | 17316 |
| (B) and (C) of this section, the department shall make a payment | 17317 |
| to the district for the first three years that the district loses | 17318 |
| eligibility for payment under divisions (B) and (C) of this | 17319 |
| section, as follows: | 17320 |
| (1) In the first year of ineligibility, the department shall | 17321 |
| pay the district seventy-five per cent of the amount it last paid | 17322 |
| the district under divisions (B) and (C) of this section. | 17323 |
| (2) In the second year of ineligibility, the department shall | 17324 |
| pay the district fifty per cent of the amount it last paid the | 17325 |
| district under those divisions. | 17326 |
| (3) In the third year of ineligibility, the department shall | 17327 |
| pay the district twenty-five per cent of the amount it last paid | 17328 |
| the district under those divisions. | 17329 |
| (E) A district that receives payment under division (D) of | 17330 |
| this section and subsequently qualifies for payment under division | 17331 |
| (B) or (C) of this section is ineligible for future payments under | 17332 |
| division (D) of this section. | 17333 |
| (F) To enable the department of education to make the | 17334 |
| determinations and to calculate payments under division (D) of | 17335 |
| this section, on the effective date of this amendment, and on or | 17336 |
| before the first day of March of each year thereafter, the | 17337 |
| department shall send to the tax commissioner a list of school | 17338 |
| districts receiving payments under division (B) or (C) of this | 17339 |
| section for the current fiscal year. On or before the first day of | 17340 |
| the following June, the tax commissioner shall certify to the | 17341 |
| department of education for those school districts the information | 17342 |
| required by division (A)(8) of section 3317.021 of the Revised | 17343 |
| Code. | 17344 |
| Sec. 3317.03. Notwithstanding divisions (A)(1), (B)(1), and | 17345 |
| (C) of this section, any student enrolled in kindergarten more | 17346 |
| than half time shall be reported as one-half student under this | 17347 |
| section. | 17348 |
| (A) The superintendent of each city and exempted village | 17349 |
| school district and of each educational service center shall, for | 17350 |
| the schools under the superintendent's supervision, certify to the | 17351 |
| state board of education on or before the fifteenth day of October | 17352 |
| in each year for the first full school week in October the formula | 17353 |
|
ADM. Beginning in fiscal year | 17354 |
| shall certify to the state board, for the schools under the | 17355 |
| superintendent's supervision, the formula ADM for the | 17356 |
| full week in February. If a school under the superintendent's | 17357 |
| supervision is closed for one or more days during that week due to | 17358 |
| hazardous weather conditions or other circumstances described in | 17359 |
| the first paragraph of division (B) of section 3317.01 of the | 17360 |
| Revised Code, the superintendent may apply to the superintendent | 17361 |
| of public instruction for a waiver, under which the superintendent | 17362 |
| of public instruction may exempt the district superintendent from | 17363 |
| certifying the formula ADM for that school for that week and | 17364 |
| specify an alternate week for certifying the formula ADM of that | 17365 |
| school. | 17366 |
| The formula ADM shall consist of the average daily membership | 17367 |
| during such week of the sum of the following: | 17368 |
| (1) On an FTE basis, the number of students in grades | 17369 |
| kindergarten through twelve receiving any educational services | 17370 |
| from the district, except that the following categories of | 17371 |
| students shall not be included in the determination: | 17372 |
| (a) Students enrolled in adult education classes; | 17373 |
| (b) Adjacent or other district students enrolled in the | 17374 |
| district under an open enrollment policy pursuant to section | 17375 |
| 3313.98 of the Revised Code; | 17376 |
| (c) Students receiving services in the district pursuant to a | 17377 |
| compact, cooperative education agreement, or a contract, but who | 17378 |
| are entitled to attend school in another district pursuant to | 17379 |
| section 3313.64 or 3313.65 of the Revised Code; | 17380 |
| (d) Students for whom tuition is payable pursuant to sections | 17381 |
| 3317.081 and 3323.141 of the Revised Code. | 17382 |
| (2) On an FTE basis, the number of students entitled to | 17383 |
| attend school in the district pursuant to section 3313.64 or | 17384 |
| 3313.65 of the Revised Code, but receiving educational services in | 17385 |
| grades kindergarten through twelve from one or more of the | 17386 |
| following entities: | 17387 |
| (a) A community school pursuant to Chapter 3314. of the | 17388 |
| Revised Code, including any participation in a college pursuant to | 17389 |
| Chapter 3365. of the Revised Code while enrolled in such community | 17390 |
| school; | 17391 |
| (b) An alternative school pursuant to sections 3313.974 to | 17392 |
| 3313.979 of the Revised Code as described in division (I)(2)(a) or | 17393 |
| (b) of this section; | 17394 |
| (c) A college pursuant to Chapter 3365. of the Revised Code, | 17395 |
| except when the student is enrolled in the college while also | 17396 |
| enrolled in a community school pursuant to Chapter 3314. of the | 17397 |
| Revised Code; | 17398 |
| (d) An adjacent or other school district under an open | 17399 |
| enrollment policy adopted pursuant to section 3313.98 of the | 17400 |
| Revised Code; | 17401 |
| (e) An educational service center or cooperative education | 17402 |
| district; | 17403 |
| (f) Another school district under a cooperative education | 17404 |
| agreement, compact, or contract; | 17405 |
| (g) A chartered nonpublic school with a scholarship paid | 17406 |
| under section 3310.08 of the Revised Code. | 17407 |
| (3) Twenty per cent of the number of students enrolled in a | 17408 |
| joint vocational school district or under a vocational education | 17409 |
| compact, excluding any students entitled to attend school in the | 17410 |
| district under section 3313.64 or 3313.65 of the Revised Code who | 17411 |
| are enrolled in another school district through an open enrollment | 17412 |
| policy as reported under division (A)(2)(d) of this section and | 17413 |
| then enroll in a joint vocational school district or under a | 17414 |
| vocational education compact; | 17415 |
| (4) The number of handicapped children, other than | 17416 |
| handicapped preschool children, entitled to attend school in the | 17417 |
| district pursuant to section 3313.64 or 3313.65 of the Revised | 17418 |
| Code who are placed with a county MR/DD board, minus the number of | 17419 |
| such children placed with a county MR/DD board in fiscal year | 17420 |
| 1998. If this calculation produces a negative number, the number | 17421 |
| reported under division (A)(4) of this section shall be zero. | 17422 |
|
(5) | 17423 |
| report submitted for the | 17424 |
| alternative week if specified by the superintendent of public | 17425 |
| instruction, the number of students reported under division (A)(1) | 17426 |
| or (2) of this section for the first full week of the preceding | 17427 |
| October but who since that week have received high school | 17428 |
| diplomas. | 17429 |
| (B) To enable the department of education to obtain the data | 17430 |
| needed to complete the calculation of payments pursuant to this | 17431 |
| chapter, in addition to the formula ADM, each superintendent shall | 17432 |
| report separately the following student counts for the same week | 17433 |
| for which formula ADM is certified: | 17434 |
| (1) The total average daily membership in regular day classes | 17435 |
| included in the report under division (A)(1) or (2) of this | 17436 |
| section for kindergarten, and each of grades one through twelve in | 17437 |
| schools under the superintendent's supervision; | 17438 |
| (2) The number of all handicapped preschool children enrolled | 17439 |
| as of the first day of December in classes in the district that | 17440 |
| are eligible for approval under division (B) of section 3317.05 | 17441 |
| of the Revised Code and the number of those classes, which shall | 17442 |
| be reported not later than the fifteenth day of December, in | 17443 |
| accordance with rules adopted under that section; | 17444 |
| (3) The number of children entitled to attend school in the | 17445 |
| district pursuant to section 3313.64 or 3313.65 of the Revised | 17446 |
| Code who are: | 17447 |
| (a) Participating in a pilot project scholarship program | 17448 |
| established under sections 3313.974 to 3313.979 of the Revised | 17449 |
| Code as described in division (I)(2)(a) or (b) of this section; | 17450 |
| (b) Enrolled in a college under Chapter 3365. of the Revised | 17451 |
| Code, except when the student is enrolled in the college while | 17452 |
| also enrolled in a community school pursuant to Chapter 3314. of | 17453 |
| the Revised Code; | 17454 |
| (c) Enrolled in an adjacent or other school district under | 17455 |
| section 3313.98 of the Revised Code; | 17456 |
| (d) Enrolled in a community school established under Chapter | 17457 |
| 3314. of the Revised Code that is not an internet- or | 17458 |
| computer-based community school as defined in section 3314.02 of | 17459 |
| the Revised Code, including any participation in a college | 17460 |
| pursuant to Chapter 3365. of the Revised Code while enrolled in | 17461 |
| such community school; | 17462 |
| (e) Enrolled in an internet- or computer-based community | 17463 |
| school, as defined in section 3314.02 of the Revised Code, | 17464 |
| including any participation in a college pursuant to Chapter 3365. | 17465 |
| of the Revised Code while enrolled in the school; | 17466 |
| (f) Enrolled in a chartered nonpublic school with a | 17467 |
| scholarship paid under section 3310.08 of the Revised Code; | 17468 |
| (g) Participating in a program operated by a county MR/DD | 17469 |
| board
or a state
institution | 17470 |
| (4) The number of pupils enrolled in joint vocational | 17471 |
| schools; | 17472 |
| (5) The average daily membership of handicapped children | 17473 |
| reported under division (A)(1) or (2) of this section receiving | 17474 |
| special education services for the category one handicap described | 17475 |
| in division (A) of section 3317.013 of the Revised Code; | 17476 |
| (6) The average daily membership of handicapped children | 17477 |
| reported under division (A)(1) or (2) of this section receiving | 17478 |
| special education services for category two handicaps described in | 17479 |
| division (B) of section 3317.013 of the Revised Code; | 17480 |
| (7) The average daily membership of handicapped children | 17481 |
| reported under division (A)(1) or (2) of this section receiving | 17482 |
| special education services for category three handicaps described | 17483 |
| in division (C) of section 3317.013 of the Revised Code; | 17484 |
| (8) The average daily membership of handicapped children | 17485 |
| reported under division (A)(1) or (2) of this section receiving | 17486 |
| special education services for category four handicaps described | 17487 |
| in division (D) of section 3317.013 of the Revised Code; | 17488 |
| (9) The average daily membership of handicapped children | 17489 |
| reported under division (A)(1) or (2) of this section receiving | 17490 |
| special education services for the category five handicap | 17491 |
| described in division (E) of section 3317.013 of the Revised Code; | 17492 |
| (10) The average daily membership of handicapped children | 17493 |
| reported under division (A)(1) or (2) of this section receiving | 17494 |
| special education services for category six handicaps described in | 17495 |
| division (F) of section 3317.013 of the Revised Code; | 17496 |
| (11) The average daily membership of pupils reported under | 17497 |
| division (A)(1) or (2) of this section enrolled in category one | 17498 |
| vocational education programs or classes, described in division | 17499 |
| (A) of section 3317.014 of the Revised Code, operated by the | 17500 |
| school district or by another district, other than a joint | 17501 |
| vocational school district, or by an educational service center, | 17502 |
| excluding any student reported under division (B)(3)(e) of this | 17503 |
| section as enrolled in an internet- or computer-based community | 17504 |
| school, notwithstanding division (C) of section 3317.02 of the | 17505 |
| Revised Code and division (C)(3) of this section; | 17506 |
| (12) The average daily membership of pupils reported under | 17507 |
| division (A)(1) or (2) of this section enrolled in category two | 17508 |
| vocational education programs or services, described in division | 17509 |
| (B) of section 3317.014 of the Revised Code, operated by the | 17510 |
| school district or another school district, other than a joint | 17511 |
| vocational school district, or by an educational service center, | 17512 |
| excluding any student reported under division (B)(3)(e) of this | 17513 |
| section as enrolled in an internet- or computer-based community | 17514 |
| school, notwithstanding division (C) of section 3317.02 of the | 17515 |
| Revised Code and division (C)(3) of this section; | 17516 |
| (13) The average number of children transported by the school | 17517 |
| district on board-owned or contractor-owned and -operated buses, | 17518 |
| reported in accordance with rules adopted by the department of | 17519 |
| education; | 17520 |
| (14)(a) The number of children, other than handicapped | 17521 |
| preschool children, the district placed with a county MR/DD board | 17522 |
| in fiscal year 1998; | 17523 |
| (b) The number of handicapped children, other than | 17524 |
| handicapped preschool children, placed with a county MR/DD board | 17525 |
| in the current fiscal year to receive special education services | 17526 |
| for the category one handicap described in division (A) of section | 17527 |
| 3317.013 of the Revised Code; | 17528 |
| (c) The number of handicapped children, other than | 17529 |
| handicapped preschool children, placed with a county MR/DD board | 17530 |
| in the current fiscal year to receive special education services | 17531 |
| for category two handicaps described in division (B) of section | 17532 |
| 3317.013 of the Revised Code; | 17533 |
| (d) The number of handicapped children, other than | 17534 |
| handicapped preschool children, placed with a county MR/DD board | 17535 |
| in the current fiscal year to receive special education services | 17536 |
| for category three handicaps described in division (C) of section | 17537 |
| 3317.013 of the Revised Code; | 17538 |
| (e) The number of handicapped children, other than | 17539 |
| handicapped preschool children, placed with a county MR/DD board | 17540 |
| in the current fiscal year to receive special education services | 17541 |
| for category four handicaps described in division (D) of section | 17542 |
| 3317.013 of the Revised Code; | 17543 |
| (f) The number of handicapped children, other than | 17544 |
| handicapped preschool children, placed with a county MR/DD board | 17545 |
| in the current fiscal year to receive special education services | 17546 |
| for the category five handicap described in division (E) of | 17547 |
| section 3317.013 of the Revised Code; | 17548 |
| (g) The number of handicapped children, other than | 17549 |
| handicapped preschool children, placed with a county MR/DD board | 17550 |
| in the current fiscal year to receive special education services | 17551 |
| for category six handicaps described in division (F) of section | 17552 |
| 3317.013 of the Revised Code. | 17553 |
| (C)(1) Except as otherwise provided in this section for | 17554 |
| kindergarten students, the average daily membership in divisions | 17555 |
| (B)(1) to (12) of this section shall be based upon the number of | 17556 |
| full-time equivalent students. The state board of education shall | 17557 |
| adopt rules defining full-time equivalent students and for | 17558 |
| determining the average daily membership therefrom for the | 17559 |
| purposes of divisions (A), (B), and (D) of this section. | 17560 |
| (2) A student enrolled in a community school established | 17561 |
| under Chapter 3314. of the Revised Code shall be counted in the | 17562 |
| formula ADM and, if applicable, the category one, two, three, | 17563 |
| four, five, or six special education ADM of the school district in | 17564 |
| which the student is entitled to attend school under section | 17565 |
| 3313.64 or 3313.65 of the Revised Code for the same proportion of | 17566 |
| the school year that the student is counted in the enrollment of | 17567 |
| the community school for purposes of section 3314.08 of the | 17568 |
| Revised Code. | 17569 |
| (3) No child shall be counted as more than a total of one | 17570 |
| child in the sum of the average daily memberships of a school | 17571 |
| district under division (A), divisions (B)(1) to (12), or division | 17572 |
| (D) of this section, except as follows: | 17573 |
| (a) A child with a handicap described in section 3317.013 of | 17574 |
| the Revised Code may be counted both in formula ADM and in | 17575 |
| category one, two, three, four, five, or six special education ADM | 17576 |
| and, if applicable, in category one or two vocational education | 17577 |
| ADM. As provided in division (C) of section 3317.02 of the Revised | 17578 |
| Code, such a child shall be counted in category one, two, three, | 17579 |
| four, five, or six special education ADM in the same proportion | 17580 |
| that the child is counted in formula ADM. | 17581 |
| (b) A child enrolled in vocational education programs or | 17582 |
| classes described in section 3317.014 of the Revised Code may be | 17583 |
| counted both in formula ADM and category one or two vocational | 17584 |
| education ADM and, if applicable, in category one, two, three, | 17585 |
| four, five, or six special education ADM. Such a child shall be | 17586 |
| counted in category one or two vocational education ADM in the | 17587 |
| same proportion as the percentage of time that the child spends in | 17588 |
| the vocational education programs or classes. | 17589 |
| (4) Based on the information reported under this section, the | 17590 |
| department of education shall determine the total student count, | 17591 |
| as defined in section 3301.011 of the Revised Code, for each | 17592 |
| school district. | 17593 |
| (D)(1) The superintendent of each joint vocational school | 17594 |
| district shall certify to the superintendent of public instruction | 17595 |
| on or before the fifteenth day of October in each year for the | 17596 |
| first full school week in October the formula ADM. Beginning in | 17597 |
| fiscal year | 17598 |
| the state superintendent the formula ADM for the | 17599 |
| week in February. If a school operated by the joint vocational | 17600 |
| school district is closed for one or more days during that week | 17601 |
| due to hazardous weather conditions or other circumstances | 17602 |
| described in the first paragraph of division (B) of section | 17603 |
| 3317.01 of the Revised Code, the superintendent may apply to the | 17604 |
| superintendent of public instruction for a waiver, under which the | 17605 |
| superintendent of public instruction may exempt the district | 17606 |
| superintendent from certifying the formula ADM for that school for | 17607 |
| that week and specify an alternate week for certifying the formula | 17608 |
| ADM of that school. | 17609 |
| The formula ADM, except as otherwise provided in this | 17610 |
| division, shall consist of the average daily membership during | 17611 |
| such week, on an FTE basis, of the number of students receiving | 17612 |
| any educational services from the district, including students | 17613 |
| enrolled in a community school established under Chapter 3314. of | 17614 |
| the Revised Code who are attending the joint vocational district | 17615 |
| under an agreement between the district board of education and the | 17616 |
| governing authority of the community school and are entitled to | 17617 |
| attend school in a city, local, or exempted village school | 17618 |
| district whose territory is part of the territory of the joint | 17619 |
|
vocational district. | 17620 |
| of the report submitted for the | 17621 |
| the alternative week if specified by the superintendent of public | 17622 |
| instruction, the superintendent of the joint vocational school | 17623 |
| district may include the number of students reported under | 17624 |
| division (D)(1) of this section for the first full week of the | 17625 |
| preceding October but who since that week have received high | 17626 |
| school diplomas. | 17627 |
| The following categories of students shall not be included in | 17628 |
| the determination made under division (D)(1) of this section: | 17629 |
| (a) Students enrolled in adult education classes; | 17630 |
| (b) Adjacent or other district joint vocational students | 17631 |
| enrolled in the district under an open enrollment policy pursuant | 17632 |
| to section 3313.98 of the Revised Code; | 17633 |
| (c) Students receiving services in the district pursuant to a | 17634 |
| compact, cooperative education agreement, or a contract, but who | 17635 |
| are entitled to attend school in a city, local, or exempted | 17636 |
| village school district whose territory is not part of the | 17637 |
| territory of the joint vocational district; | 17638 |
| (d) Students for whom tuition is payable pursuant to sections | 17639 |
| 3317.081 and 3323.141 of the Revised Code. | 17640 |
| (2) To enable the department of education to obtain the data | 17641 |
| needed to complete the calculation of payments pursuant to this | 17642 |
| chapter, in addition to the formula ADM, each superintendent shall | 17643 |
| report separately the average daily membership included in the | 17644 |
| report under division (D)(1) of this section for each of the | 17645 |
| following categories of students for the same week for which | 17646 |
| formula ADM is certified: | 17647 |
| (a) Students enrolled in each grade included in the joint | 17648 |
| vocational district schools; | 17649 |
| (b) Handicapped children receiving special education services | 17650 |
| for the category one handicap described in division (A) of section | 17651 |
| 3317.013 of the Revised Code; | 17652 |
| (c) Handicapped children receiving special education services | 17653 |
| for the category two handicaps described in division (B) of | 17654 |
| section 3317.013 of the Revised Code; | 17655 |
| (d) Handicapped children receiving special education services | 17656 |
| for category three handicaps described in division (C) of section | 17657 |
| 3317.013 of the Revised Code; | 17658 |
| (e) Handicapped children receiving special education services | 17659 |
| for category four handicaps described in division (D) of section | 17660 |
| 3317.013 of the Revised Code; | 17661 |
| (f) Handicapped children receiving special education services | 17662 |
| for the category five handicap described in division (E) of | 17663 |
| section 3317.013 of the Revised Code; | 17664 |
| (g) Handicapped children receiving special education services | 17665 |
| for category six handicaps described in division (F) of section | 17666 |
| 3317.013 of the Revised Code; | 17667 |
| (h) Students receiving category one vocational education | 17668 |
| services, described in division (A) of section 3317.014 of the | 17669 |
| Revised Code; | 17670 |
| (i) Students receiving category two vocational education | 17671 |
| services, described in division (B) of section 3317.014 of the | 17672 |
| Revised Code. | 17673 |
| The superintendent of each joint vocational school district | 17674 |
| shall also indicate the city, local, or exempted village school | 17675 |
| district in which each joint vocational district pupil is entitled | 17676 |
| to attend school pursuant to section 3313.64 or 3313.65 of the | 17677 |
| Revised Code. | 17678 |
| (E) In each school of each city, local, exempted village, | 17679 |
| joint vocational, and cooperative education school district there | 17680 |
| shall be maintained a record of school membership, which record | 17681 |
| shall accurately show, for each day the school is in session, the | 17682 |
| actual membership enrolled in regular day classes. For the purpose | 17683 |
| of determining average daily membership, the membership figure of | 17684 |
| any school shall not include any pupils except those pupils | 17685 |
| described by division (A) of this section. The record of | 17686 |
| membership for each school shall be maintained in such manner that | 17687 |
| no pupil shall be counted as in membership prior to the actual | 17688 |
| date of entry in the school and also in such manner that where for | 17689 |
| any cause a pupil permanently withdraws from the school that pupil | 17690 |
| shall not be counted as in membership from and after the date of | 17691 |
| such withdrawal. There shall not be included in the membership of | 17692 |
| any school any of the following: | 17693 |
| (1) Any pupil who has graduated from the twelfth grade of a | 17694 |
| public or nonpublic high school; | 17695 |
| (2) Any pupil who is not a resident of the state; | 17696 |
| (3) Any pupil who was enrolled in the schools of the district | 17697 |
| during the previous school year when tests were administered under | 17698 |
| section 3301.0711 of the Revised Code but did not take one or more | 17699 |
| of the tests required by that section and was not excused pursuant | 17700 |
| to division (C)(1) or (3) of that section; | 17701 |
| (4) Any pupil who has attained the age of twenty-two years, | 17702 |
| except for veterans of the armed services whose attendance was | 17703 |
| interrupted before completing the recognized twelve-year course of | 17704 |
| the public schools by reason of induction or enlistment in the | 17705 |
| armed forces and who apply for reenrollment in the public school | 17706 |
| system of their residence not later than four years after | 17707 |
| termination of war or their honorable discharge. | 17708 |
| If, however, any veteran described by division (E)(4) of this | 17709 |
| section elects to enroll in special courses organized for veterans | 17710 |
| for whom tuition is paid under the provisions of federal laws, or | 17711 |
| otherwise, that veteran shall not be included in average daily | 17712 |
| membership. | 17713 |
| Notwithstanding division (E)(3) of this section, the | 17714 |
| membership of any school may include a pupil who did not take a | 17715 |
| test required by section 3301.0711 of the Revised Code if the | 17716 |
| superintendent of public instruction grants a waiver from the | 17717 |
| requirement to take the test to the specific pupil and a parent is | 17718 |
| not paying tuition for the pupil pursuant to section 3313.6410 of | 17719 |
| the Revised Code. The superintendent may grant such a waiver only | 17720 |
| for good cause in accordance with rules adopted by the state board | 17721 |
| of education. | 17722 |
| Except as provided in divisions (B)(2) and (F) of this | 17723 |
| section, the average daily membership figure of any local, city, | 17724 |
| exempted village, or joint vocational school district shall be | 17725 |
| determined by dividing the figure representing the sum of the | 17726 |
| number of pupils enrolled during each day the school of attendance | 17727 |
| is actually open for instruction during the week for which the | 17728 |
| formula ADM is being certified by the total number of days the | 17729 |
| school was actually open for instruction during that week. For | 17730 |
| purposes of state funding, "enrolled" persons are only those | 17731 |
| pupils who are attending school, those who have attended school | 17732 |
| during the current school year and are absent for authorized | 17733 |
| reasons, and those handicapped children currently receiving home | 17734 |
| instruction. | 17735 |
| The average daily membership figure of any cooperative | 17736 |
| education school district shall be determined in accordance with | 17737 |
| rules adopted by the state board of education. | 17738 |
| (F)(1) If the formula ADM for the first full school week in | 17739 |
| February is at least three per cent greater than that certified | 17740 |
| for the first full school week in the preceding October, the | 17741 |
| superintendent of schools of any city, exempted village, or joint | 17742 |
| vocational school district or educational service center shall | 17743 |
| certify such increase to the superintendent of public instruction. | 17744 |
| Such certification shall be submitted no later than the fifteenth | 17745 |
| day of February. For the balance of the fiscal year, beginning | 17746 |
| with the February payments, the superintendent of public | 17747 |
| instruction shall use the increased formula ADM in calculating or | 17748 |
| recalculating the amounts to be allocated in accordance with | 17749 |
| section 3317.022 or 3317.16 of the Revised Code. In no event shall | 17750 |
| the superintendent use an increased membership certified to the | 17751 |
| superintendent after the fifteenth day of February. Division | 17752 |
| (F)(1) of this section does not apply after fiscal year | 17753 |
| (2) If on the first school day of April the total number of | 17754 |
| classes or units for handicapped preschool children that are | 17755 |
| eligible for approval under division (B) of section 3317.05 of the | 17756 |
| Revised Code exceeds the number of units that have been approved | 17757 |
| for the year under that division, the superintendent of schools of | 17758 |
| any city, exempted village, or cooperative education school | 17759 |
| district or educational service center shall make the | 17760 |
| certifications required by this section for that day. If the | 17761 |
| department determines additional units can be approved for the | 17762 |
| fiscal year within any limitations set forth in the acts | 17763 |
| appropriating moneys for the funding of such units, the department | 17764 |
| shall approve additional units for the fiscal year on the basis of | 17765 |
| such average daily membership. For each unit so approved, the | 17766 |
| department shall pay an amount computed in the manner prescribed | 17767 |
| in section 3317.052 or 3317.19 and section 3317.053 of the Revised | 17768 |
| Code. | 17769 |
| (3) If a student attending a community school under Chapter | 17770 |
| 3314. of the Revised Code is not included in the formula ADM | 17771 |
| certified for the school district in which the student is entitled | 17772 |
| to attend school under section 3313.64 or 3313.65 of the Revised | 17773 |
| Code, the department of education shall adjust the formula ADM of | 17774 |
| that school district to include the community school student in | 17775 |
| accordance with division (C)(2) of this section, and shall | 17776 |
| recalculate the school district's payments under this chapter for | 17777 |
| the entire fiscal year on the basis of that adjusted formula ADM. | 17778 |
| This requirement applies regardless of whether the student was | 17779 |
| enrolled, as defined in division (E) of this section, in the | 17780 |
| community school during the first full school week in October. | 17781 |
| (G)(1)(a) The superintendent of an institution operating a | 17782 |
| special education program pursuant to section 3323.091 of the | 17783 |
| Revised Code shall, for the programs under such superintendent's | 17784 |
| supervision, certify to the state board of education, in the | 17785 |
| manner prescribed by the superintendent of public instruction, | 17786 |
| both of the following: | 17787 |
| (i) The average daily membership of all handicapped children | 17788 |
| other than handicapped preschool children receiving services at | 17789 |
| the institution for each category of handicap described in | 17790 |
| divisions (A) to (F) of section 3317.013 of the Revised Code; | 17791 |
| (ii) The average daily membership of all handicapped | 17792 |
| preschool children in classes or programs approved annually by the | 17793 |
| department of education for unit funding under section 3317.05 of | 17794 |
| the Revised Code. | 17795 |
| (b) The superintendent of an institution with vocational | 17796 |
| education units approved under division (A) of section 3317.05 of | 17797 |
| the Revised Code shall, for the units under the superintendent's | 17798 |
| supervision, certify to the state board of education the average | 17799 |
| daily membership in those units, in the manner prescribed by the | 17800 |
| superintendent of public instruction. | 17801 |
| (2) The superintendent of each county MR/DD board that | 17802 |
| maintains special education classes under section 3317.20 of the | 17803 |
| Revised Code or units approved pursuant to section 3317.05 of the | 17804 |
| Revised Code shall do both of the following: | 17805 |
| (a) Certify to the state board, in the manner prescribed by | 17806 |
| the board, the average daily membership in classes under section | 17807 |
| 3317.20 of the Revised Code for each school district that has | 17808 |
| placed children in the classes; | 17809 |
| (b) Certify to the state board, in the manner prescribed by | 17810 |
| the board, the number of all handicapped preschool children | 17811 |
| enrolled as of the first day of December in classes eligible for | 17812 |
| approval under division (B) of section 3317.05 of the Revised | 17813 |
| Code, and the number of those classes. | 17814 |
| (3)(a) If on the first school day of April the number of | 17815 |
| classes or units maintained for handicapped preschool children by | 17816 |
| the county MR/DD board that are eligible for approval under | 17817 |
| division (B) of section 3317.05 of the Revised Code is greater | 17818 |
| than the number of units approved for the year under that | 17819 |
| division, the superintendent shall make the certification required | 17820 |
| by this section for that day. | 17821 |
| (b) If the department determines that additional classes or | 17822 |
| units can be approved for the fiscal year within any limitations | 17823 |
| set forth in the acts appropriating moneys for the funding of the | 17824 |
| classes and units described in division (G)(3)(a) of this section, | 17825 |
| the department shall approve and fund additional units for the | 17826 |
| fiscal year on the basis of such average daily membership. For | 17827 |
| each unit so approved, the department shall pay an amount computed | 17828 |
| in the manner prescribed in sections 3317.052 and 3317.053 of the | 17829 |
| Revised Code. | 17830 |
| (H) Except as provided in division (I) of this section, when | 17831 |
| any city, local, or exempted village school district provides | 17832 |
| instruction for a nonresident pupil whose attendance is | 17833 |
| unauthorized attendance as defined in section 3327.06 of the | 17834 |
| Revised Code, that pupil's membership shall not be included in | 17835 |
| that district's membership figure used in the calculation of that | 17836 |
| district's formula ADM or included in the determination of any | 17837 |
| unit approved for the district under section 3317.05 of the | 17838 |
| Revised Code. The reporting official shall report separately the | 17839 |
| average daily membership of all pupils whose attendance in the | 17840 |
| district is unauthorized attendance, and the membership of each | 17841 |
| such pupil shall be credited to the school district in which the | 17842 |
| pupil is entitled to attend school under division (B) of section | 17843 |
| 3313.64 or section 3313.65 of the Revised Code as determined by | 17844 |
| the department of education. | 17845 |
| (I)(1) A city, local, exempted village, or joint vocational | 17846 |
| school district admitting a scholarship student of a pilot project | 17847 |
| district pursuant to division (C) of section 3313.976 of the | 17848 |
| Revised Code may count such student in its average daily | 17849 |
| membership. | 17850 |
| (2) In any year for which funds are appropriated for pilot | 17851 |
| project scholarship programs, a school district implementing a | 17852 |
| state-sponsored pilot project scholarship program that year | 17853 |
| pursuant to sections 3313.974 to 3313.979 of the Revised Code may | 17854 |
| count in average daily membership: | 17855 |
| (a) All children residing in the district and utilizing a | 17856 |
| scholarship to attend kindergarten in any alternative school, as | 17857 |
| defined in section 3313.974 of the Revised Code; | 17858 |
| (b) All children who were enrolled in the district in the | 17859 |
| preceding year who are utilizing a scholarship to attend any such | 17860 |
| alternative school. | 17861 |
| (J) The superintendent of each cooperative education school | 17862 |
| district shall certify to the superintendent of public | 17863 |
| instruction, in a manner prescribed by the state board of | 17864 |
| education, the applicable average daily memberships for all | 17865 |
| students in the cooperative education district, also indicating | 17866 |
| the city, local, or exempted village district where each pupil is | 17867 |
| entitled to attend school under section 3313.64 or 3313.65 of the | 17868 |
| Revised Code. | 17869 |
| Sec. 3317.051. (A)(1) Notwithstanding sections 3317.05 and | 17870 |
| 3317.11 of the Revised Code, a unit funded pursuant to division | 17871 |
| 17872 | |
| of the Revised Code shall not be approved for state funding in one | 17873 |
| school district, including any cooperative education school | 17874 |
| district or any educational service center, to the extent that | 17875 |
| such unit provides programs in or services to another district | 17876 |
| which receives payment pursuant to section 3317.04 of the Revised | 17877 |
| Code. | 17878 |
| (2) Any city, local, exempted village, or cooperative | 17879 |
| education school district or any educational service center may | 17880 |
| combine partial unit eligibility for handicapped preschool | 17881 |
| programs pursuant to section 3317.05 of the Revised Code, and such | 17882 |
| combined partial units may be approved for state funding in one | 17883 |
| school district or service center. | 17884 |
| (B) After units have been initially approved for any fiscal | 17885 |
| year under section 3317.05 of the Revised Code, no unit shall be | 17886 |
| subsequently transferred from a school district or educational | 17887 |
| service center to another city, exempted village, local, or | 17888 |
| cooperative education school district or educational service | 17889 |
| center or to an institution or county MR/DD board solely for the | 17890 |
| purpose of reducing the financial obligations of the school | 17891 |
| district in a fiscal year it receives payment pursuant to section | 17892 |
| 3317.04 of the Revised Code. | 17893 |
| Sec. 3317.053. (A) As used in this section: | 17894 |
| (1) "State share percentage" has the same meaning as in | 17895 |
| section 3317.022 of the Revised Code. | 17896 |
| (2) "Dollar amount" means the amount shown in the following | 17897 |
| table for the corresponding type of unit: | 17898 |
| TYPE OF UNIT | DOLLAR AMOUNT | 17899 | |||
| Division (B) of section 3317.05 | 17900 | ||||
| of the Revised Code | $8,334 | 17901 | |||
| Division (C) of that section | $3,234 | 17902 | |||
| Division (E) of that section | $5,550 | 17903 |
| (3) "Average unit amount" means the amount shown in the | 17904 |
| following table for the corresponding type of unit: | 17905 |
| TYPE OF UNIT | AVERAGE UNIT AMOUNT | 17906 | |||
| Division (B) of section 3317.05 | 17907 | ||||
| of the Revised Code | $7,799 | 17908 | |||
| Division (C) of that section | $2,966 | 17909 | |||
| Division (E) of that section | $5,251 | 17910 |
| (B) In the case of each unit described in division (B), (C), | 17911 |
| or (E) of section 3317.05 of the Revised Code and allocated to a | 17912 |
| city, local, or exempted village school district, the department | 17913 |
| of education, in addition to the amounts specified in division | 17914 |
| 17915 | |
| the Revised Code, shall pay a supplemental unit allowance equal to | 17916 |
| the sum of the following amounts: | 17917 |
| (1) An amount equal to 50% of the average unit amount for the | 17918 |
| unit; | 17919 |
| (2) An amount equal to the percentage of the dollar amount | 17920 |
| for the unit that equals the district's state share percentage. | 17921 |
| If, prior to the fifteenth day of May of a fiscal year, a | 17922 |
| school district's aid computed under section 3317.022 of the | 17923 |
| Revised Code is recomputed pursuant to section 3317.027 or | 17924 |
| 3317.028 of the Revised Code, the department shall also recompute | 17925 |
| the district's entitlement to payment under this section utilizing | 17926 |
| a new state share percentage. Such new state share percentage | 17927 |
| shall be determined using the district's recomputed basic aid | 17928 |
| amount pursuant to section 3317.027 or 3317.028 of the Revised | 17929 |
| Code. During the last six months of the fiscal year, the | 17930 |
| department shall pay the district a sum equal to one-half of the | 17931 |
| recomputed payment in lieu of one-half the payment otherwise | 17932 |
| calculated under this section. | 17933 |
| (C)(1) In the case of each unit allocated to an institution | 17934 |
| pursuant to division (A) of section 3317.05 of the Revised Code, | 17935 |
| the department, in addition to the amount specified in section | 17936 |
| 3317.052 of the Revised Code, shall pay a supplemental unit | 17937 |
| allowance of $7,227. | 17938 |
| (2) In the case of each unit described in division (B) of | 17939 |
| section 3317.05 of the Revised Code that is allocated to any | 17940 |
| entity other than a city, exempted village, or local school | 17941 |
| district, the department, in addition to the amount specified in | 17942 |
| section 3317.052 of the Revised Code, shall pay a supplemental | 17943 |
| unit allowance of $7,799. | 17944 |
| (3) In the case of each unit described in division (C) of | 17945 |
| section 3317.05 of the Revised Code and allocated to any entity | 17946 |
| other than a city, exempted village, or local school district, the | 17947 |
| department, in addition to the amounts specified in section | 17948 |
| 3317.052 of the Revised Code, shall pay a supplemental unit | 17949 |
| allowance of $2,966. | 17950 |
| (4) In the case of each unit described in division (E) of | 17951 |
| section 3317.05 of the Revised Code and allocated to an | 17952 |
| educational service center, the department, in addition to the | 17953 |
|
amounts specified
in division | 17954 |
| Revised Code, shall pay a supplemental unit allowance of $5,251. | 17955 |
| Sec. 3317.06. Moneys paid to school districts under division | 17956 |
| 17957 | |
| the following independent and fully severable purposes: | 17958 |
| (A) To purchase such secular textbooks or electronic | 17959 |
| textbooks as have been approved by the superintendent of public | 17960 |
| instruction for use in public schools in the state and to loan | 17961 |
| such textbooks or electronic textbooks to pupils attending | 17962 |
| nonpublic schools within the district or to their parents and to | 17963 |
| hire clerical personnel to administer such lending program. Such | 17964 |
| loans shall be based upon individual requests submitted by such | 17965 |
| nonpublic school pupils or parents. Such requests shall be | 17966 |
| submitted to the school district in which the nonpublic school is | 17967 |
| located. Such individual requests for the loan of textbooks or | 17968 |
| electronic textbooks shall, for administrative convenience, be | 17969 |
| submitted by the nonpublic school pupil or the pupil's parent to | 17970 |
| the nonpublic school, which shall prepare and submit collective | 17971 |
| summaries of the individual requests to the school district. As | 17972 |
| used in this section: | 17973 |
| (1) "Textbook" means any book or book substitute that a pupil | 17974 |
| uses as a consumable or nonconsumable text, text substitute, or | 17975 |
| text supplement in a particular class or program in the school the | 17976 |
| pupil regularly attends. | 17977 |
| (2) "Electronic textbook" means computer software, | 17978 |
| interactive videodisc, magnetic media, CD-ROM, computer | 17979 |
| courseware, local and remote computer assisted instruction, | 17980 |
| on-line service, electronic medium, or other means of conveying | 17981 |
| information to the student or otherwise contributing to the | 17982 |
| learning process through electronic means. | 17983 |
| (B) To provide speech and hearing diagnostic services to | 17984 |
| pupils attending nonpublic schools within the district. Such | 17985 |
| service shall be provided in the nonpublic school attended by the | 17986 |
| pupil receiving the service. | 17987 |
| (C) To provide physician, nursing, dental, and optometric | 17988 |
| services to pupils attending nonpublic schools within the | 17989 |
| district. Such services shall be provided in the school attended | 17990 |
| by the nonpublic school pupil receiving the service. | 17991 |
| (D) To provide diagnostic psychological services to pupils | 17992 |
| attending nonpublic schools within the district. Such services | 17993 |
| shall be provided in the school attended by the pupil receiving | 17994 |
| the service. | 17995 |
| (E) To provide therapeutic psychological and speech and | 17996 |
| hearing services to pupils attending nonpublic schools within the | 17997 |
| district. Such services shall be provided in the public school, in | 17998 |
| nonpublic schools, in public centers, or in mobile units located | 17999 |
| on or off of the nonpublic premises. If such services are provided | 18000 |
| in the public school or in public centers, transportation to and | 18001 |
| from such facilities shall be provided by the school district in | 18002 |
| which the nonpublic school is located. | 18003 |
| (F) To provide guidance and counseling services to pupils | 18004 |
| attending nonpublic schools within the district. Such services | 18005 |
| shall be provided in the public school, in nonpublic schools, in | 18006 |
| public centers, or in mobile units located on or off of the | 18007 |
| nonpublic premises. If such services are provided in the public | 18008 |
| school or in public centers, transportation to and from such | 18009 |
| facilities shall be provided by the school district in which the | 18010 |
| nonpublic school is located. | 18011 |
| (G) To provide remedial services to pupils attending | 18012 |
| nonpublic schools within the district. Such services shall be | 18013 |
| provided in the public school, in nonpublic schools, in public | 18014 |
| centers, or in mobile units located on or off of the nonpublic | 18015 |
| premises. If such services are provided in the public school or in | 18016 |
| public centers, transportation to and from such facilities shall | 18017 |
| be provided by the school district in which the nonpublic school | 18018 |
| is located. | 18019 |
| (H) To supply for use by pupils attending nonpublic schools | 18020 |
| within the district such standardized tests and scoring services | 18021 |
| as are in use in the public schools of the state; | 18022 |
| (I) To provide programs for children who attend nonpublic | 18023 |
| schools within the district and are handicapped children as | 18024 |
| defined in division (A) of section 3323.01 of the Revised Code or | 18025 |
| gifted children. Such programs shall be provided in the public | 18026 |
| school, in nonpublic schools, in public centers, or in mobile | 18027 |
| units located on or off of the nonpublic premises. If such | 18028 |
| programs are provided in the public school or in public centers, | 18029 |
| transportation to and from such facilities shall be provided by | 18030 |
| the school district in which the nonpublic school is located. | 18031 |
| (J) To hire clerical personnel to assist in the | 18032 |
| administration of programs pursuant to divisions (B), (C), (D), | 18033 |
| (E), (F), (G), and (I) of this section and to hire supervisory | 18034 |
| personnel to supervise the providing of services and textbooks | 18035 |
| pursuant to this section. | 18036 |
| (K) To purchase or lease any secular, neutral, and | 18037 |
| nonideological computer software (including site-licensing), | 18038 |
| prerecorded video laserdiscs, digital video on demand (DVD), | 18039 |
| compact discs, and video cassette cartridges, wide area | 18040 |
| connectivity and related technology as it relates to internet | 18041 |
| access, mathematics or science equipment and materials, | 18042 |
| instructional materials, and school library materials that are in | 18043 |
| general use in the public schools of the state and loan such items | 18044 |
| to pupils attending nonpublic schools within the district or to | 18045 |
| their parents, and to hire clerical personnel to administer the | 18046 |
| lending program. Only such items that are incapable of diversion | 18047 |
| to religious use and that are susceptible of loan to individual | 18048 |
| pupils and are furnished for the use of individual pupils shall be | 18049 |
| purchased and loaned under this division. As used in this section, | 18050 |
| "instructional materials" means prepared learning materials that | 18051 |
| are secular, neutral, and nonideological in character and are of | 18052 |
| benefit to the instruction of school children, and may include | 18053 |
| educational resources and services developed by the eTech Ohio | 18054 |
| commission. | 18055 |
| (L) To purchase or lease instructional equipment, including | 18056 |
| computer hardware and related equipment in general use in the | 18057 |
| public schools of the state, for use by pupils attending nonpublic | 18058 |
| schools within the district and to loan such items to pupils | 18059 |
| attending nonpublic schools within the district or to their | 18060 |
| parents, and to hire clerical personnel to administer the lending | 18061 |
| program. | 18062 |
| (M) To purchase mobile units to be used for the provision of | 18063 |
| services pursuant to divisions (E), (F), (G), and (I) of this | 18064 |
| section and to pay for necessary repairs and operating costs | 18065 |
| associated with these units. | 18066 |
| Clerical and supervisory personnel hired pursuant to division | 18067 |
| (J) of this section shall perform their services in the public | 18068 |
| schools, in nonpublic schools, public centers, or mobile units | 18069 |
| where the services are provided to the nonpublic school pupil, | 18070 |
| except that such personnel may accompany pupils to and from the | 18071 |
| service sites when necessary to ensure the safety of the children | 18072 |
| receiving the services. | 18073 |
| All services provided pursuant to this section may be | 18074 |
| provided under contract with educational service centers, the | 18075 |
| department of health, city or general health districts, or private | 18076 |
| agencies whose personnel are properly licensed by an appropriate | 18077 |
| state board or agency. | 18078 |
| Transportation of pupils provided pursuant to divisions (E), | 18079 |
| (F), (G), and (I) of this section shall be provided by the school | 18080 |
| district from its general funds and not from moneys paid to it | 18081 |
|
under division | 18082 |
| unless a special transportation request is submitted by the parent | 18083 |
| of the child receiving service pursuant to such divisions. If | 18084 |
| such an application is presented to the school district, it may | 18085 |
| pay for the transportation from moneys paid to it under division | 18086 |
| 18087 |
| No school district shall provide health or remedial services | 18088 |
| to nonpublic school pupils as authorized by this section unless | 18089 |
| such services are available to pupils attending the public schools | 18090 |
| within the district. | 18091 |
| Materials, equipment, computer hardware or software, | 18092 |
| textbooks, electronic textbooks, and health and remedial services | 18093 |
| provided for the benefit of nonpublic school pupils pursuant to | 18094 |
| this section and the admission of pupils to such nonpublic schools | 18095 |
| shall be provided without distinction as to race, creed, color, or | 18096 |
| national origin of such pupils or of their teachers. | 18097 |
| No school district shall provide services, materials, or | 18098 |
| equipment that contain religious content for use in religious | 18099 |
| courses, devotional exercises, religious training, or any other | 18100 |
| religious activity. | 18101 |
| As used in this section, "parent" includes a person standing | 18102 |
| in loco parentis to a child. | 18103 |
| Notwithstanding section 3317.01 of the Revised Code, payments | 18104 |
| shall be made under this section to any city, local, or exempted | 18105 |
| village school district within which is located one or more | 18106 |
| nonpublic elementary or high schools and any payments made to | 18107 |
|
school districts under division | 18108 |
| Revised Code for purposes of this section may be disbursed without | 18109 |
| submission to and approval of the controlling board. | 18110 |
| The allocation of payments for materials, equipment, | 18111 |
| textbooks, electronic textbooks, health services, and remedial | 18112 |
| services to city, local, and exempted village school districts | 18113 |
| shall be on the basis of the state board of education's estimated | 18114 |
| annual average daily membership in nonpublic elementary and high | 18115 |
| schools located in the district. | 18116 |
| Payments made to city, local, and exempted village school | 18117 |
| districts under this section shall be equal to specific | 18118 |
| appropriations made for the purpose. All interest earned by a | 18119 |
| school district on such payments shall be used by the district for | 18120 |
| the same purposes and in the same manner as the payments may be | 18121 |
| used. | 18122 |
| The department of education shall adopt guidelines and | 18123 |
| procedures under which such programs and services shall be | 18124 |
| provided, under which districts shall be reimbursed for | 18125 |
| administrative costs incurred in providing such programs and | 18126 |
| services, and under which any unexpended balance of the amounts | 18127 |
| appropriated by the general assembly to implement this section may | 18128 |
| be transferred to the auxiliary services personnel unemployment | 18129 |
| compensation fund established pursuant to section 4141.47 of the | 18130 |
| Revised Code. The department shall also adopt guidelines and | 18131 |
| procedures limiting the purchase and loan of the items described | 18132 |
| in division (K) of this section to items that are in general use | 18133 |
| in the public schools of the state, that are incapable of | 18134 |
| diversion to religious use, and that are susceptible to individual | 18135 |
| use rather than classroom use. Within thirty days after the end of | 18136 |
| each biennium, each board of education shall remit to the | 18137 |
|
department
all moneys paid to it under division | 18138 |
| 3317.024 of the Revised Code and any interest earned on those | 18139 |
| moneys that are not required to pay expenses incurred under this | 18140 |
| section during the biennium for which the money was appropriated | 18141 |
| and during which the interest was earned. If a board of education | 18142 |
| subsequently determines that the remittal of moneys leaves the | 18143 |
| board with insufficient money to pay all valid expenses incurred | 18144 |
| under this section during the biennium for which the remitted | 18145 |
| money was appropriated, the board may apply to the department of | 18146 |
| education for a refund of money, not to exceed the amount of the | 18147 |
| insufficiency. If the department determines the expenses were | 18148 |
| lawfully incurred and would have been lawful expenditures of the | 18149 |
| refunded money, it shall certify its determination and the amount | 18150 |
| of the refund to be made to the director of job and family | 18151 |
| services who shall make a refund as provided in section 4141.47 of | 18152 |
| the Revised Code. | 18153 |
| Sec. 3317.07. The state board of education shall establish | 18154 |
| rules for the purpose of distributing subsidies for the purchase | 18155 |
|
of school buses under division | 18156 |
| Revised Code. | 18157 |
| No school bus subsidy payments shall be paid to any district | 18158 |
| unless such district can demonstrate that pupils residing more | 18159 |
| than one mile from the school could not be transported without | 18160 |
| such additional aid. | 18161 |
| The amount paid to a county MR/DD board for buses purchased | 18162 |
| for transportation of children in special education programs | 18163 |
| operated by the board shall be based on a per pupil allocation for | 18164 |
| eligible students. | 18165 |
| The amount paid to a school district for buses purchased for | 18166 |
| transportation of handicapped and nonpublic school pupils shall be | 18167 |
| determined by a per pupil allocation based on the number of | 18168 |
| special education and nonpublic school pupils for whom | 18169 |
| transportation is provided. | 18170 |
| The state board of education shall adopt a formula to | 18171 |
| determine the amount of payments that shall be distributed to | 18172 |
| school districts to purchase school buses for pupils other than | 18173 |
| handicapped or nonpublic school pupils. | 18174 |
| If any district or MR/DD board obtains bus services for pupil | 18175 |
| transportation pursuant to a contract, such district or board may | 18176 |
| use payments received under this section to defray the costs of | 18177 |
| contracting for bus services in lieu of for purchasing buses. | 18178 |
| If the department of education determines that a county MR/DD | 18179 |
| board no longer needs a school bus because the board no longer | 18180 |
| transports children to a special education program operated by the | 18181 |
| board, or if the department determines that a school district no | 18182 |
| longer needs a school bus to transport pupils to a nonpublic | 18183 |
| school or special education program, the department may reassign a | 18184 |
| bus that was funded with payments provided pursuant to this | 18185 |
| section for the purpose of transporting such pupils. The | 18186 |
| department may reassign a bus to a county MR/DD board or school | 18187 |
| district that transports children to a special education program | 18188 |
| designated in the children's individualized education plans, or to | 18189 |
| a school district that transports pupils to a nonpublic school, | 18190 |
| and needs an additional school bus. | 18191 |
| Sec. 3317.082. As used in this section, "institution" means | 18192 |
| a residential facility that receives and cares for children | 18193 |
| maintained by the department of youth services and that operates a | 18194 |
| school chartered by the state board of education under section | 18195 |
| 3301.16 of the Revised Code. | 18196 |
| (A) On or before the thirty-first day of each January and | 18197 |
| July, the superintendent of each institution that during the | 18198 |
| six-month period immediately preceding each January or July | 18199 |
| provided an elementary or secondary education for any child, other | 18200 |
| than a child receiving special education under section 3323.091 of | 18201 |
| the Revised Code, shall prepare and submit to the department of | 18202 |
| education, a statement for each such child indicating the child's | 18203 |
| name, any school district responsible to pay tuition for the child | 18204 |
| as determined by the superintendent in accordance with division | 18205 |
| (C)(2) or (3) of section 3313.64 of the Revised Code, and the | 18206 |
| period of time during that six-month period that the child | 18207 |
| received an elementary or secondary education. If any school | 18208 |
| district is responsible to pay tuition for any such child, the | 18209 |
| department of education, no later than the immediately succeeding | 18210 |
| last day of February or August, as applicable, shall calculate the | 18211 |
| amount of the tuition of the district under section 3317.08 of the | 18212 |
| Revised Code for the period of time indicated on the statement and | 18213 |
| do one of the following: | 18214 |
| (1) If the tuition amount is equal to or less than the amount | 18215 |
| of state basic aid funds payable to the district under sections | 18216 |
| 3317.022 and 3317.023 of the Revised Code, pay to the institution | 18217 |
| submitting the statement an amount equal to the tuition amount, as | 18218 |
| provided under division | 18219 |
| Code, and deduct the tuition amount from the state basic aid funds | 18220 |
| payable to the district, as provided under division (F)(2) of | 18221 |
| section 3317.023 of the Revised Code; | 18222 |
| (2) If the tuition amount is greater than the amount of state | 18223 |
| basic aid funds payable to the district under sections 3317.022 | 18224 |
| and 3317.023 of the Revised Code, require the district to pay to | 18225 |
| the institution submitting the statement an amount equal to the | 18226 |
| tuition amount. | 18227 |
| (B) In the case of any disagreement about the school district | 18228 |
| responsible to pay tuition for a child pursuant to this section, | 18229 |
| the superintendent of public instruction shall make the | 18230 |
| determination in any such case in accordance with division (C)(2) | 18231 |
| or (3) of section 3313.64 of the Revised Code. | 18232 |
| Sec. 3317.11. (A) As used in this section: | 18233 |
| (1) "Client school district" means a city or exempted village | 18234 |
| school district that has entered into an agreement under section | 18235 |
| 3313.843 of the Revised Code to receive any services from an | 18236 |
| educational service center. | 18237 |
| (2) "Service center ADM" means the sum of the total student | 18238 |
| counts of all local school districts within an educational service | 18239 |
| center's territory and all of the service center's client school | 18240 |
| districts. | 18241 |
| (3) "Total student count" has the same meaning as in section | 18242 |
| 3301.011 of the Revised Code. | 18243 |
| (B)(1) The governing board of each educational service center | 18244 |
| shall provide supervisory services to each local school district | 18245 |
| within the service center's territory. Each city or exempted | 18246 |
| village school district that enters into an agreement under | 18247 |
| section 3313.843 of the Revised Code for a governing board to | 18248 |
| provide any services also is considered to be provided supervisory | 18249 |
| services by the governing board. Except as provided in division | 18250 |
| (B)(2) of this section, the supervisory services shall not exceed | 18251 |
| one supervisory teacher for the first fifty classroom teachers | 18252 |
| required to be employed in the districts, as calculated under | 18253 |
| section 3317.023 of the Revised Code, and one for each additional | 18254 |
| one hundred required classroom teachers, as so calculated. | 18255 |
| The supervisory services shall be financed annually through | 18256 |
| supervisory units. Except as provided in division (B)(2) of this | 18257 |
| section, the number of supervisory units assigned to each district | 18258 |
| shall not exceed one unit for the first fifty classroom teachers | 18259 |
| required to be employed in the district, as calculated under | 18260 |
| section 3317.023 of the Revised Code, and one for each additional | 18261 |
| one hundred required classroom teachers, as so calculated. The | 18262 |
| cost of each supervisory unit shall be the sum of: | 18263 |
| (a) The minimum salary prescribed by section 3317.13 of the | 18264 |
| Revised Code for the licensed supervisory employee of the | 18265 |
| governing board; | 18266 |
| (b) An amount equal to fifteen per cent of the salary | 18267 |
| prescribed by section 3317.13 of the Revised Code; | 18268 |
| (c) An allowance for necessary travel expenses, limited to | 18269 |
| the lesser of two hundred twenty-three dollars and sixteen cents | 18270 |
| per month or two thousand six hundred seventy-eight dollars per | 18271 |
| year. | 18272 |
| (2) If a majority of the boards of education, or | 18273 |
| superintendents acting on behalf of the boards, of the local and | 18274 |
| client school districts receiving services from the educational | 18275 |
| service center agree to receive additional supervisory services | 18276 |
| and to pay the cost of a corresponding number of supervisory units | 18277 |
| in excess of the services and units specified in division (B)(1) | 18278 |
| of this section, the service center shall provide the additional | 18279 |
| services as agreed to by the majority of districts to, and the | 18280 |
| department of education shall apportion the cost of the | 18281 |
| corresponding number of additional supervisory units pursuant to | 18282 |
| division (B)(3) of this section among, all of the service center's | 18283 |
| local and client school districts. | 18284 |
| (3) The department shall apportion the total cost for all | 18285 |
| supervisory units among the service center's local and client | 18286 |
| school districts based on each district's total student count. The | 18287 |
| department shall deduct each district's apportioned share pursuant | 18288 |
| to division (E) of section 3317.023 of the Revised Code and pay | 18289 |
| the apportioned share to the service center. | 18290 |
| (C) The department annually shall deduct from each local and | 18291 |
| client school district of each educational service center, | 18292 |
| pursuant to division (E) of section 3317.023 of the Revised Code, | 18293 |
| and pay to the service center an amount equal to six dollars and | 18294 |
| fifty cents times the school district's total student count. The | 18295 |
| board of education, or the superintendent acting on behalf of the | 18296 |
| board, of any local or client school district may agree to pay an | 18297 |
| amount in excess of six dollars and fifty cents per student in | 18298 |
| total student count. If a majority of the boards of education, or | 18299 |
| superintendents acting on behalf of the boards, of the local | 18300 |
| school districts within a service center's territory approve an | 18301 |
| amount in excess of six dollars and fifty cents per student in | 18302 |
| total student count, the department shall deduct the approved | 18303 |
| excess per student amount from all of the local school districts | 18304 |
| within the service center's territory and pay the excess amount to | 18305 |
| the service center. | 18306 |
| (D) The department shall pay each educational service center | 18307 |
| the amounts due to it from school districts pursuant to contracts, | 18308 |
| compacts, or agreements under which the service center furnishes | 18309 |
| services to the districts or their students. In order to receive | 18310 |
| payment under this division, an educational service center shall | 18311 |
| furnish either a copy of the contract, compact, or agreement | 18312 |
| clearly indicating the amounts of the payments, or a written | 18313 |
| statement that clearly indicates the payments owed and is signed | 18314 |
| by the superintendent or treasurer of the responsible school | 18315 |
| district. The amounts paid to service centers under this division | 18316 |
| shall be deducted from payments to school districts pursuant to | 18317 |
| division (K)(3) of section 3317.023 of the Revised Code. | 18318 |
| (E) Each school district's deduction under this section and | 18319 |
| divisions (E) and (K)(3) of section 3317.023 of the Revised Code | 18320 |
| shall be made from the total payment computed for the district | 18321 |
| under this chapter, after making any other adjustments in that | 18322 |
| payment required by law. | 18323 |
| (F)(1) Except as provided in division (F)(2) of this section, | 18324 |
| the department annually shall pay the governing board of each | 18325 |
| educational service center state funds equal to thirty-seven | 18326 |
| dollars times its service center ADM. | 18327 |
| (2) The department annually shall pay state funds equal to | 18328 |
| forty dollars and fifty-two cents times the service center ADM to | 18329 |
| each educational service center comprising territory that was | 18330 |
| included in the territory of at least three former service centers | 18331 |
| or county school districts, which former centers or districts | 18332 |
| engaged in one or more mergers under section 3311.053 of the | 18333 |
| Revised Code to form the present center. | 18334 |
| (G) Each city, exempted village, local, joint vocational, or | 18335 |
| cooperative education school district shall pay to the governing | 18336 |
| board of an educational service center any amounts agreed to for | 18337 |
| each child enrolled in the district who receives special education | 18338 |
| and related services or career-technical education from the | 18339 |
| educational service center, unless these educational services are | 18340 |
| provided pursuant to a contract, compact, or agreement for which | 18341 |
| the department deducts and transfers payments under division (D) | 18342 |
| of this section and division (K)(3) of section 3317.023 of the | 18343 |
| Revised Code. | 18344 |
| (H) An educational service center: | 18345 |
| (1) May provide special education and career-technical | 18346 |
| education to students in its local or client school districts; | 18347 |
| (2) Is eligible for transportation funding under division | 18348 |
| 18349 | |
| subsidies for the purchase of school buses under section 3317.07 | 18350 |
| of the Revised Code; | 18351 |
| (3) May apply for and receive gifted education units and | 18352 |
| provide gifted education services to students in its local or | 18353 |
| client school districts; | 18354 |
| (4) May conduct driver education for high school students in | 18355 |
| accordance with Chapter 4508. of the Revised Code. | 18356 |
| Sec. 3317.19. (A) As used in this section, "total unit | 18357 |
| allowance" means an amount equal to the sum of the following: | 18358 |
| (1) The total of the salary allowances for the teachers | 18359 |
| employed in the cooperative education school district for all | 18360 |
| units approved under division (B) or (C) of section 3317.05 of the | 18361 |
| Revised Code. The salary allowance for each unit shall equal the | 18362 |
| minimum salary for the teacher of the unit calculated on the basis | 18363 |
| of the teacher's training level and years of experience pursuant | 18364 |
| to the salary schedule prescribed in the version of section | 18365 |
|
3317.13 of the Revised Code
in effect prior to
| 18366 |
| 18367 |
| (2) Fifteen per cent of the total computed under division | 18368 |
| (A)(1) of this section; | 18369 |
| (3) The total of the unit operating allowances for all | 18370 |
| approved units. The amount of each allowance shall equal one of | 18371 |
| the following: | 18372 |
| (a) Eight thousand twenty-three dollars times the number of | 18373 |
| preschool handicapped units or fraction thereof approved for the | 18374 |
| year under division (B) of section 3317.05 of the Revised Code; | 18375 |
| (b) Two thousand one hundred thirty-two dollars times the | 18376 |
| number of units or fraction thereof approved for the year under | 18377 |
| division (C) of section 3317.05 of the Revised Code. | 18378 |
| (B) The state board of education shall compute and distribute | 18379 |
| to each cooperative education school district for each fiscal year | 18380 |
| an amount equal to the sum of the following: | 18381 |
| (1) An amount equal to the total of the amounts credited to | 18382 |
| the cooperative education school district pursuant to division (K) | 18383 |
| of section 3317.023 of the Revised Code; | 18384 |
| (2) The total unit allowance; | 18385 |
| (3) An amount for assisting in providing free lunches to | 18386 |
| needy children and an amount for assisting needy school districts | 18387 |
| in purchasing necessary equipment for food preparation pursuant to | 18388 |
|
division | 18389 |
| (C) If a cooperative education school district has had | 18390 |
| additional special education units approved for the year under | 18391 |
| division (F)(2) of section 3317.03 of the Revised Code, the | 18392 |
| district shall receive an additional amount during the last half | 18393 |
| of the fiscal year. For each unit, the additional amount shall | 18394 |
| equal fifty per cent of the amount computed under division (A) of | 18395 |
| this section for a unit approved under division (B) of section | 18396 |
| 3317.05 of the Revised Code. | 18397 |
| Sec. 3318.052. At any time after the electors of a school | 18398 |
| district have approved either or both a property tax levied under | 18399 |
| section 5705.21 or 5705.218 of the Revised Code for the purpose of | 18400 |
| permanent improvements, including general permanent improvements, | 18401 |
| or a school district income tax levied under Chapter 5748. of the | 18402 |
| Revised Code, the proceeds of either of which, pursuant to the | 18403 |
| ballot measures approved by the electors, are not so restricted | 18404 |
| that they cannot be used to pay the costs of a project or | 18405 |
| maintaining classroom facilities, the school district board may: | 18406 |
| (A) Within one year following the date of the certification | 18407 |
| of the conditional approval of the school district's classroom | 18408 |
| facilities project by the Ohio school facilities commission, enter | 18409 |
| into a written agreement with the commission, which may be part of | 18410 |
| an agreement entered into under section 3318.08 of the Revised | 18411 |
| Code, and in which the school district board covenants and agrees | 18412 |
| to do one or both of the following: | 18413 |
| (1) Apply a specified amount of available proceeds of that | 18414 |
| property tax levy, of that school district income tax, or of | 18415 |
| securities issued under this section, or of proceeds from any two | 18416 |
| or more of those sources, to pay all or part of the district's | 18417 |
| portion of the basic project cost of its classroom facilities | 18418 |
| project; | 18419 |
| (2) Apply available proceeds of either or both a property tax | 18420 |
| levied under section 5705.21 or 5705.218 of the Revised Code in | 18421 |
| effect for a continuing period of time, or of a school district | 18422 |
| income tax levied under Chapter 5748. of the Revised Code in | 18423 |
| effect for a continuing period of time to the payment of costs of | 18424 |
| maintaining the classroom facilities. | 18425 |
| (B) Receive, as a credit against the amount of bonds required | 18426 |
| under sections 3318.05 and 3318.06 of the Revised Code, to be | 18427 |
| approved by the electors of the district and issued by the | 18428 |
| district board for the district's portion of the basic project | 18429 |
| cost of its classroom facilities project in order for the district | 18430 |
| to receive state assistance for the project, an amount equal to | 18431 |
| the specified amount that the district board covenants and agrees | 18432 |
| with the commission to apply as set forth in division (A)(1) of | 18433 |
| this section; | 18434 |
| (C) Receive, as a credit against the amount of the tax levy | 18435 |
| required under sections 3318.05 and 3318.06 of the Revised Code, | 18436 |
| to be approved by the electors of the district to pay the costs of | 18437 |
| maintaining the classroom facilities in order to receive state | 18438 |
| assistance for the classroom facilities project, an amount | 18439 |
| equivalent to the specified amount of proceeds the school district | 18440 |
| board covenants and agrees with the commission to apply as | 18441 |
| referred to in division (A)(2) of this section; | 18442 |
| (D) Apply proceeds of either or both a school district income | 18443 |
| tax levied under Chapter 5748. of the Revised Code that may | 18444 |
| lawfully be used to pay the costs of a classroom facilities | 18445 |
| project or of a tax levied under section 5705.21 or 5705.218 of | 18446 |
| the Revised Code to the payment of debt charges on and financing | 18447 |
| costs related to securities issued under this section; | 18448 |
| (E) Issue securities to provide moneys to pay all or part of | 18449 |
| the district's portion of the basic project cost of its classroom | 18450 |
| facilities project in accordance with an agreement entered into | 18451 |
| under division (A) of this section. Securities issued under this | 18452 |
| section shall be Chapter 133. securities and may be issued as | 18453 |
| general obligation securities or issued in anticipation of a | 18454 |
| school district income tax or as property tax anticipation notes | 18455 |
| under section 133.24 of the Revised Code. The district board's | 18456 |
| resolution authorizing the issuance and sale of general obligation | 18457 |
| securities under this section shall conform to the applicable | 18458 |
| requirements of section 133.22 or 133.23 of the Revised Code. | 18459 |
| Securities issued under this section shall have principal payments | 18460 |
| during each year after the year of issuance over a period of not | 18461 |
| more than twenty-three years and, if so determined by the district | 18462 |
| board, during the year of issuance. Securities issued under this | 18463 |
| section shall not be included in the calculation of net | 18464 |
| indebtedness of the district under section 133.06 of the Revised | 18465 |
| Code and shall not count toward the limitations on unvoted | 18466 |
| indebtedness specified in division (G) of that section and in | 18467 |
| section 3313.372 of the Revised Code, if the resolution of the | 18468 |
| district board authorizing their issuance and sale includes | 18469 |
| covenants to appropriate annually from lawfully available proceeds | 18470 |
| of a property tax levied under section 5705.21 or 5705.218 of the | 18471 |
| Revised Code or of a school district income tax levied under | 18472 |
| Chapter 5748. of the Revised Code and to continue to levy and | 18473 |
| collect the tax in amounts necessary to pay the debt charges on | 18474 |
| and financing costs related to the securities as they become due. | 18475 |
| No property tax levied under section 5705.21 or 5705.218 of the | 18476 |
| Revised Code and no school district income tax levied under | 18477 |
| Chapter 5748. of the Revised Code that is pledged, or that the | 18478 |
| school district board has covenanted to levy, collect, and | 18479 |
| appropriate annually, to pay the debt charges on and financing | 18480 |
| costs related to securities issued under this section shall be | 18481 |
| repealed while those securities are outstanding. If such a tax is | 18482 |
| reduced by the electors of the district or by the district board | 18483 |
| while those securities are outstanding, the school district board | 18484 |
| shall continue to levy and collect the tax under the authority of | 18485 |
| the original election authorizing the tax at a rate in each year | 18486 |
| that the board reasonably estimates will produce an amount in that | 18487 |
| year equal to the debt charges on the securities in that year, | 18488 |
| except that in the case of a school district income tax that | 18489 |
| amount shall be rounded up to the nearest one-fourth of one per | 18490 |
| cent. | 18491 |
| No state moneys shall be released for a project to which this | 18492 |
| section applies until the proceeds of the tax securities issued | 18493 |
| under this section that are dedicated for the payment of the | 18494 |
| district portion of the basic project cost of its classroom | 18495 |
| facilities project are first deposited into the district's project | 18496 |
| construction fund. | 18497 |
| Sec. 3318.37. (A)(1) As used in this section: | 18498 |
| (a) "Large land area school district" means a school district | 18499 |
| with a territory of greater than three hundred square miles in any | 18500 |
| percentile as determined under section 3318.011 of the Revised | 18501 |
| Code. | 18502 |
| (b) "Low wealth school district" means a school district in | 18503 |
|
the
first through | 18504 |
| under section 3318.011 of the Revised Code. | 18505 |
| (c) A "school district with an exceptional need for immediate | 18506 |
| classroom facilities assistance" means a low wealth or large land | 18507 |
| area school district with an exceptional need for new facilities | 18508 |
| in order to protect the health and safety of all or a portion of | 18509 |
| its students. | 18510 |
| (2) No school district reasonably expected to be eligible for | 18511 |
| state assistance under sections 3318.01 to 3318.20 of the Revised | 18512 |
| Code within three fiscal years after the year of the application | 18513 |
| for assistance under this section shall be eligible for | 18514 |
| assistance under this section, unless the district's entire | 18515 |
| classroom facilities plan consists of only a single building | 18516 |
| designed to house grades kindergarten through twelve and the | 18517 |
| district satisfies the conditions prescribed in divisions | 18518 |
| (A)(3)(a) and (b) of this section. | 18519 |
| (3) No school district that participates in the school | 18520 |
| building assistance expedited local partnership program under | 18521 |
| section 3318.36 of the Revised Code shall receive assistance under | 18522 |
| the program established under this section unless the following | 18523 |
| conditions are satisfied: | 18524 |
| (a) The district board adopted a resolution certifying its | 18525 |
| intent to participate in the school building assistance expedited | 18526 |
| local partnership program under section 3318.36 of the Revised | 18527 |
| Code prior to September 14, 2000. | 18528 |
| (b) The district was selected by the Ohio school facilities | 18529 |
| commission for participation in the school building assistance | 18530 |
| expedited local partnership program under section 3318.36 of the | 18531 |
| Revised Code in the manner prescribed by the commission under that | 18532 |
| section as it existed prior to September 14, 2000. | 18533 |
| (B)(1) There is hereby established the exceptional needs | 18534 |
| school facilities assistance program. Under the program, the Ohio | 18535 |
| school facilities commission may set aside from the moneys | 18536 |
| annually appropriated to it for classroom facilities assistance | 18537 |
| projects up to twenty-five per cent for assistance to school | 18538 |
| districts with exceptional needs for immediate classroom | 18539 |
| facilities assistance. | 18540 |
| (2)(a) After consulting with education and construction | 18541 |
| experts, the commission shall adopt guidelines for identifying | 18542 |
| school districts with an exceptional need for immediate classroom | 18543 |
| facilities assistance. | 18544 |
| (b) The guidelines shall include application forms and | 18545 |
| instructions for school districts to use in applying for | 18546 |
| assistance under this section. | 18547 |
| (3) The commission shall evaluate the classroom facilities, | 18548 |
| and the need for replacement classroom facilities from the | 18549 |
| applications received under this section. The commission, | 18550 |
| utilizing the guidelines adopted under division (B)(2)(a) of this | 18551 |
| section, shall prioritize the school districts to be assessed. | 18552 |
| Notwithstanding section 3318.02 of the Revised Code, the | 18553 |
| commission may conduct on-site evaluation of the school districts | 18554 |
| prioritized under this section and approve and award funds until | 18555 |
| such time as all funds set aside under division (B)(1) of this | 18556 |
| section have been encumbered. However, the commission need not | 18557 |
| conduct the evaluation of facilities if the commission determines | 18558 |
| that a district's assessment conducted under section 3318.36 of | 18559 |
| the Revised Code is sufficient for purposes of this section. | 18560 |
| (4) Notwithstanding division (A) of section 3318.05 of the | 18561 |
| Revised Code, the school district's portion of the basic project | 18562 |
| cost under this section shall be the "required percentage of the | 18563 |
| basic project costs," as defined in division (K) of section | 18564 |
| 3318.01 of the Revised Code. | 18565 |
| (5) Except as otherwise specified in this section, any | 18566 |
| project undertaken with assistance under this section shall comply | 18567 |
| with all provisions of sections 3318.01 to 3318.20 of the Revised | 18568 |
| Code. A school district may receive assistance under sections | 18569 |
| 3318.01 to 3318.20 of the Revised Code for the remainder of the | 18570 |
| district's classroom facilities needs as assessed under this | 18571 |
| section when the district is eligible for such assistance pursuant | 18572 |
| to section 3318.02 of the Revised Code, but any classroom facility | 18573 |
| constructed with assistance under this section shall not be | 18574 |
| included in a district's project at that time unless the | 18575 |
| commission determines the district has experienced the increased | 18576 |
| enrollment specified in division (B)(1) of section 3318.04 of the | 18577 |
| Revised Code. | 18578 |
| (C) No school district shall receive assistance under this | 18579 |
| section for a classroom facility that has been included in the | 18580 |
| discrete part of the district's classroom facilities needs | 18581 |
| identified and addressed in the district's project pursuant to an | 18582 |
| agreement entered into under section 3318.36 of the Revised Code, | 18583 |
| unless the district's entire classroom facilities plan consists of | 18584 |
| only a single building designed to house grades kindergarten | 18585 |
| through twelve. | 18586 |
| Sec. 3319.17. (A) As used in this section, "interdistrict | 18587 |
| contract" means any contract or agreement entered into by an | 18588 |
| educational service center governing board and another board or | 18589 |
| other public entity pursuant to section 3313.17, 3313.841, | 18590 |
| 3313.842, 3313.843, 3313.91, or 3323.08 of the Revised Code, | 18591 |
| including any such contract or agreement for the provision of | 18592 |
| services funded
under division | 18593 |
| Revised Code or provided in any unit approved under section | 18594 |
| 3317.05 of the Revised Code. | 18595 |
| (B) When, for any of the following reasons that apply to any | 18596 |
| city, exempted village, local, or joint vocational school district | 18597 |
| or any educational service center, the board decides that it will | 18598 |
| be necessary to reduce the number of teachers it employs, it may | 18599 |
| make a reasonable reduction: | 18600 |
| (1) In the case of any district or service center, return to | 18601 |
| duty of regular teachers after leaves of absence including leaves | 18602 |
| provided pursuant to division (B) of section 3314.10 of the | 18603 |
| Revised Code, suspension of schools, territorial changes | 18604 |
| affecting the district or center, or financial reasons; | 18605 |
| (2) In the case of any city, exempted village, local, or | 18606 |
| joint vocational school district, decreased enrollment of pupils | 18607 |
| in the district; | 18608 |
| (3) In the case of any governing board of a service center | 18609 |
| providing any particular service directly to pupils pursuant to | 18610 |
| one or more interdistrict contracts requiring such service, | 18611 |
| reduction in the total number of pupils the governing board is | 18612 |
| required to provide with the service under all interdistrict | 18613 |
| contracts as a result of the termination or nonrenewal of one or | 18614 |
| more of these interdistrict contracts; | 18615 |
| (4) In the case of any governing board providing any | 18616 |
| particular service that it does not provide directly to pupils | 18617 |
| pursuant to one or more interdistrict contracts requiring such | 18618 |
| service, reduction in the total level of the service the governing | 18619 |
| board is required to provide under all interdistrict contracts as | 18620 |
| a result of the termination or nonrenewal of one or more of these | 18621 |
| interdistrict contracts. | 18622 |
| (C) In making any such reduction, any city, exempted village, | 18623 |
| local, or joint vocational school board shall proceed to suspend | 18624 |
| contracts in accordance with the recommendation of the | 18625 |
| superintendent of schools who shall, within each teaching field | 18626 |
| affected, give preference first to teachers on continuing | 18627 |
| contracts and then to teachers who have greater seniority. In | 18628 |
| making any such reduction, any governing board of a service center | 18629 |
| shall proceed to suspend contracts in accordance with the | 18630 |
| recommendation of the superintendent who shall, within each | 18631 |
| teaching field or service area affected, give preference first to | 18632 |
| teachers on continuing contracts and then to teachers who have | 18633 |
| greater seniority. | 18634 |
| On a case-by-case basis, in lieu of suspending a contract in | 18635 |
| whole, a board may suspend a contract in part, so that an | 18636 |
| individual is required to work a percentage of the time the | 18637 |
| employee otherwise is required to work under the contract and | 18638 |
| receives a commensurate percentage of the full compensation the | 18639 |
| employee otherwise would receive under the contract. | 18640 |
| The teachers whose continuing contracts are suspended by any | 18641 |
| board pursuant to this section shall have the right of restoration | 18642 |
| to continuing service status by that board in the order of | 18643 |
| seniority of service in the district or service center if and when | 18644 |
| teaching positions become vacant or are created for which any of | 18645 |
| such teachers are or become qualified. No teacher whose continuing | 18646 |
| contract has been suspended pursuant to this section shall lose | 18647 |
| that right of restoration to continuing service status by reason | 18648 |
| of having declined recall to a position that is less than | 18649 |
| full-time or, if the teacher was not employed full-time just prior | 18650 |
| to suspension of the teacher's continuing contract, to a position | 18651 |
| requiring a lesser percentage of full-time employment than the | 18652 |
| position the teacher last held while employed in the district or | 18653 |
| service center. | 18654 |
| (D) Notwithstanding any provision to the contrary in Chapter | 18655 |
| 4117. of the Revised Code, the requirements of this section | 18656 |
| prevail over any conflicting provisions of agreements between | 18657 |
| employee organizations and public employers entered into after | 18658 |
| 18659 |
| Sec. 3323.091. (A) The department of mental health, the | 18660 |
| department of mental retardation and developmental disabilities, | 18661 |
| the department of youth services, and the department of | 18662 |
| rehabilitation and correction shall establish and maintain special | 18663 |
| education programs for handicapped children in institutions under | 18664 |
| their jurisdiction according to standards adopted by the state | 18665 |
| board of education. | 18666 |
| (B) The superintendent of each state institution required to | 18667 |
| provide services under division (A) of this section, and each | 18668 |
| county MR/DD board, providing special education for handicapped | 18669 |
| preschool children under this chapter may apply to the state | 18670 |
| department of education for unit funding, which shall be paid in | 18671 |
| accordance with sections 3317.052 and 3317.053 of the Revised | 18672 |
| Code. | 18673 |
| The superintendent of each state institution required to | 18674 |
| provide services under division (A) of this section may apply to | 18675 |
| the department of education for special education and related | 18676 |
| services weighted funding for handicapped children other than | 18677 |
| handicapped preschool children, calculated in accordance with | 18678 |
| section 3317.201 of the Revised Code. | 18679 |
| Each county MR/DD board providing special education for | 18680 |
| handicapped children other than handicapped preschool children may | 18681 |
| apply to the department of education for base cost and special | 18682 |
| education and related services weighted funding calculated in | 18683 |
| accordance with section 3317.20 of the Revised Code. | 18684 |
| (C) In addition to the authorization to apply for state | 18685 |
| funding described in division (B) of this section, each state | 18686 |
| institution required to provide services under division (A) of | 18687 |
| this section is entitled to tuition payments calculated in the | 18688 |
| manner described in division (C) of this section. | 18689 |
| On or before the thirtieth day of June of each year, the | 18690 |
| superintendent of each institution that during the school year | 18691 |
| provided special education pursuant to this section shall prepare | 18692 |
| a statement for each handicapped child under twenty-two years of | 18693 |
| age who has received special education. The statement shall | 18694 |
|
contain the child's | 18695 |
| to division (D)(2) of section 3301.0714 of the Revised Code and | 18696 |
| the name of the child's school district of residence. Within sixty | 18697 |
| days after receipt of such statement, the department of education | 18698 |
| shall perform one of the following: | 18699 |
| (1) For any child except a handicapped preschool child | 18700 |
| described in division (C)(2) of this section, pay to the | 18701 |
| institution submitting the statement an amount equal to the | 18702 |
| tuition calculated under division (A) of section 3317.08 of the | 18703 |
| Revised Code for the period covered by the statement, and deduct | 18704 |
| the same from the amount of state funds, if any, payable under | 18705 |
| sections 3317.022 and 3317.023 of the Revised Code, to the child's | 18706 |
| school district of residence or, if the amount of such state funds | 18707 |
| is insufficient, require the child's school district of residence | 18708 |
| to pay the institution submitting the statement an amount equal to | 18709 |
| the amount determined under this division. | 18710 |
| (2) For any handicapped preschool child not included in a | 18711 |
| unit approved under division (B) of section 3317.05 of the Revised | 18712 |
| Code, perform the following: | 18713 |
| (a) Pay to the institution submitting the statement an amount | 18714 |
| equal to the tuition calculated under division (B) of section | 18715 |
| 3317.08 of the Revised Code for the period covered by the | 18716 |
| statement, except that in calculating the tuition under that | 18717 |
| section the operating expenses of the institution submitting the | 18718 |
| statement under this section shall be used instead of the | 18719 |
| operating expenses of the school district of residence; | 18720 |
| (b) Deduct from the amount of state funds, if any, payable | 18721 |
| under sections 3317.022 and 3317.023 of the Revised Code to the | 18722 |
| child's school district of residence an amount equal to the amount | 18723 |
| paid under division (C)(2)(a) of this section. | 18724 |
| Sec. 3323.13. (A) If a child who is a school resident of one | 18725 |
| school district receives special education from another district, | 18726 |
| the board of education of the district providing the education, | 18727 |
| subject to division (C) of this section, may require the payment | 18728 |
| by the board of education of the district of residence of a sum | 18729 |
| not to exceed one of the following, as applicable: | 18730 |
| | 18731 |
|
described in division | 18732 |
| the district providing the education for a child of normal needs | 18733 |
| of the same school grade. The determination of the amount of such | 18734 |
| tuition shall be in the manner provided for by division (A) of | 18735 |
| section 3317.08 of the Revised Code. | 18736 |
| | 18737 |
| unit approved under division (B) of section 3317.05 of the Revised | 18738 |
| Code, the tuition of the district providing the education for the | 18739 |
| child as calculated under division (B) of section 3317.08 of the | 18740 |
| Revised Code. | 18741 |
| (B) The board of the district of residence may contract with | 18742 |
| the board of another district for the transportation of such child | 18743 |
| into any school in such other district, on terms agreed upon by | 18744 |
| such boards. Upon direction of the state board of education, the | 18745 |
| board of the district of residence shall pay for the child's | 18746 |
| transportation and the tuition. | 18747 |
| (C) The board of education of a district providing the | 18748 |
| education for a child shall be entitled to require payment from | 18749 |
| the district of residence under this section or section 3323.14 of | 18750 |
| the Revised Code only if the district providing the education has | 18751 |
| done at least one of the following: | 18752 |
| (1) Invited the district of residence to send representatives | 18753 |
| to attend the meetings of the team developing the child's | 18754 |
| individualized education program; | 18755 |
| (2) Received from the district of residence a copy of the | 18756 |
| individualized education program or a multi-factored evaluation | 18757 |
| developed for the child by the district of residence; | 18758 |
| (3) Informed the district of residence in writing that the | 18759 |
| district is providing the education for the child. | 18760 |
| As used in division (C)(2) of this section, "multi-factored | 18761 |
| evaluation" means an evaluation, conducted by a multi-disciplinary | 18762 |
| team, of more than one area of the child's functioning so that no | 18763 |
| single procedure shall be the sole criterion for determining an | 18764 |
| appropriate educational program placement for the child. | 18765 |
| Sec. 3323.143. If a handicapped child's custodial parent has | 18766 |
| made a unilateral placement of the child, the parent shall be | 18767 |
| responsible for payment of tuition to the program or facility the | 18768 |
| child is attending as a result of that placement as long as the | 18769 |
| district of residence has offered a free appropriate public | 18770 |
| education to that child. As used in this section, "unilateral | 18771 |
| placement" means withdrawing a handicapped child from a program or | 18772 |
| facility operated by the district of residence or from a program | 18773 |
| or facility with which the district of residence has arranged for | 18774 |
| education of the child and instead enrolling that child in another | 18775 |
| program or facility that is not a home, as defined in section | 18776 |
| 3313.64 of the Revised Code, or that is not a facility or program | 18777 |
| available to the child pursuant to an open enrollment policy under | 18778 |
| section 3313.98 or 3313.983 of the Revised Code. | 18779 |
| Sec. 3323.20. On July 1, 2006, and on each first day of July | 18780 |
| thereafter, the department of education shall electronically | 18781 |
| report to the general assembly the number of handicapped preschool | 18782 |
| children who received services for which the department made a | 18783 |
| payment to any provider during the previous fiscal year, | 18784 |
| disaggregated according to each | 18785 |
| 18786 | |
| 18787 | |
| 18788 | |
| deficiency identified by the department for the evaluation of such | 18789 |
| children. | 18790 |
| Sec. 3325.12. Money deposited with the superintendent of the | 18791 |
| state school for the blind and the superintendent of the state | 18792 |
| school for the deaf by parents, relatives, guardians, and friends | 18793 |
| for the special benefit of any pupil shall remain in the hands of | 18794 |
| the respective superintendent for use accordingly. Each | 18795 |
| superintendent shall deposit the money into one or more personal | 18796 |
| deposit funds. Each superintendent shall keep itemized book | 18797 |
| accounts of the receipt and disposition of the money, which books | 18798 |
| shall be open at all times to the inspection of the superintendent | 18799 |
| of public instruction. The superintendent of the state school for | 18800 |
| the blind and the superintendent of the state school for the deaf | 18801 |
| each shall adopt rules governing the deposit, transfer, | 18802 |
| withdrawal, or investment of the money and the investment earnings | 18803 |
| of the money. | 18804 |
| Whenever a pupil ceases to be enrolled in the state school | 18805 |
| for the blind or the state school for the deaf, if personal money | 18806 |
| of the pupil remains in the hands of the respective superintendent | 18807 |
| and no demand is made upon the superintendent by the pupil or the | 18808 |
| pupil's parent or guardian, the superintendent shall hold the | 18809 |
| money in a personal deposit fund for a period of at least one | 18810 |
| year. During that time, the superintendent shall make every effort | 18811 |
| possible to locate the pupil or the pupil's parent or guardian. | 18812 |
| If, at the end of this period, no demand has been made for the | 18813 |
| money held by the state school for the blind, the superintendent | 18814 |
| of the state school for the blind shall dispose of the money by | 18815 |
| transferring it to the state school for the blind student activity | 18816 |
| and work-study fund established by section 3325.11 of the Revised | 18817 |
| Code. If at the end of this period, no demand has been made for | 18818 |
| the money held by the state school for the deaf, the | 18819 |
| superintendent of the state school for the deaf shall dispose of | 18820 |
| the money by transferring it to the state school for the deaf | 18821 |
| educational program expenses fund established by section 3325.16 | 18822 |
| of the Revised Code. | 18823 |
| Sec. 3353.02. (A) There is hereby created the eTech Ohio | 18824 |
| commission as an independent agency to advance education and | 18825 |
| accelerate the learning of the citizens of this state through | 18826 |
| technology. The commission shall provide leadership and support in | 18827 |
| extending the knowledge of the citizens of this state by promoting | 18828 |
| access to and use of all forms of educational technology, | 18829 |
| including educational television and radio, radio reading | 18830 |
| services, broadband networks, videotapes, compact discs, digital | 18831 |
| video on demand (DVD), and the internet. The commission also shall | 18832 |
| administer programs to provide financial and other assistance to | 18833 |
| school districts and other educational institutions for the | 18834 |
| acquisition and utilization of educational technology. | 18835 |
| The commission is a body corporate and politic, an agency of | 18836 |
| the state performing essential governmental functions of the | 18837 |
| state. | 18838 |
| (B) The commission shall consist of thirteen members, nine of | 18839 |
| whom shall be voting members. Six of the voting members shall be | 18840 |
| representatives of the public. Of the representatives of the | 18841 |
| public, four shall be appointed by the governor with the advice | 18842 |
| and consent of the senate, one shall be appointed by the speaker | 18843 |
| of the house of representatives, and one shall be appointed by the | 18844 |
| president of the senate. The superintendent of public instruction | 18845 |
| or a designee of the superintendent, the chancellor of the Ohio | 18846 |
| board of regents or a designee of the chancellor, and the director | 18847 |
| of | 18848 |
| a designee of the director shall be ex officio voting members. Of | 18849 |
| the nonvoting members, two shall be members of the house of | 18850 |
| representatives appointed by the speaker of the house of | 18851 |
| representatives and two shall be members of the senate appointed | 18852 |
| by the president of the senate. The members appointed from each | 18853 |
| chamber shall not be members of the same political party. | 18854 |
| (C) Initial terms of office for members appointed by the | 18855 |
| governor shall be one year for one member, two years for one | 18856 |
| member, three years for one member, and four years for one member. | 18857 |
| At the first meeting of the commission, members appointed by the | 18858 |
| governor shall draw lots to determine the length of the term each | 18859 |
| member will serve. Thereafter, terms of office for members | 18860 |
| appointed by the governor shall be for four years. Terms of office | 18861 |
| for voting members appointed by the speaker of the house of | 18862 |
| representatives and the president of the senate shall be for four | 18863 |
| years. Any member who is a representative of the public may be | 18864 |
| reappointed by the member's respective appointing authority, but | 18865 |
| no such member may serve more than two consecutive four-year | 18866 |
| terms. Such a member may be removed by the member's respective | 18867 |
| appointing authority for cause. | 18868 |
| Any legislative member appointed by the speaker of the house | 18869 |
| of representatives or the president of the senate who ceases to be | 18870 |
| a member of the legislative chamber from which the member was | 18871 |
| appointed shall cease to be a member of the commission. The | 18872 |
| speaker of the house of representatives and the president of the | 18873 |
| senate may remove their respective appointments to the commission | 18874 |
| at any time. | 18875 |
| (D) Vacancies among appointed members shall be filled in the | 18876 |
| manner provided for original appointments. Any member appointed to | 18877 |
| fill a vacancy occurring prior to the expiration of the term for | 18878 |
| which the member's predecessor was appointed shall hold office for | 18879 |
| the remainder of that term. Any appointed member shall continue in | 18880 |
| office subsequent to the expiration of that member's term until | 18881 |
| the member's successor takes office or until a period of sixty | 18882 |
| days has elapsed, whichever occurs first. | 18883 |
| (E) Members of the commission shall serve without | 18884 |
| compensation. The members who are representatives of the public | 18885 |
| shall be reimbursed, pursuant to office of budget and management | 18886 |
| guidelines, for actual and necessary expenses incurred in the | 18887 |
| performance of official duties. | 18888 |
| (F) The governor shall appoint the chairperson of the | 18889 |
| commission from among the commission's voting members. The | 18890 |
| chairperson shall serve a term of two years and may be | 18891 |
| reappointed. The commission shall elect other officers as | 18892 |
| necessary from among its voting members and shall prescribe its | 18893 |
| rules of procedure. | 18894 |
| (G) The commission shall establish advisory groups as needed | 18895 |
| to address topics of interest and to provide guidance to the | 18896 |
| commission regarding educational technology issues and the | 18897 |
| technology needs of educators, learners, and the public. Members | 18898 |
| of each advisory group shall be appointed by the commission and | 18899 |
| shall include representatives of individuals or organizations with | 18900 |
| an interest in the topic addressed by the advisory group. | 18901 |
| Sec. 3354.10. (A) All funds under the control of a board of | 18902 |
| trustees of a community college district, regardless of the source | 18903 |
| thereof, may be deposited by such board to its credit in banks or | 18904 |
| trust companies designated by it. Such banks or trust companies | 18905 |
| shall furnish security for every such deposit to the extent and in | 18906 |
| the manner provided in section 135.18 of the Revised Code, but no | 18907 |
| such deposit shall otherwise be subject to sections 135.01 to | 18908 |
| 135.21 of the Revised Code. Thereupon, such funds may be disbursed | 18909 |
| by the board of trustees for the uses and purposes of such | 18910 |
| district. No contract of the board involving the expenditure of | 18911 |
| money shall become effective until there is placed thereon by the | 18912 |
| treasurer as fiscal officer of the district the certificate | 18913 |
| provided for by section 5705.41 of the Revised Code. | 18914 |
| (B) The board of trustees of a community college district may | 18915 |
| 18916 | |
| 18917 | |
| 18918 | |
| 18919 | |
| 18920 | |
| 18921 | |
| 18922 | |
| 18923 | |
| 18924 | |
| 18925 | |
| 18926 | |
| 18927 | |
| 18928 | |
| 18929 | |
| 18930 | |
| Investments may be made in securities of the United States | 18931 |
| government or of its agencies or instrumentalities, the treasurer | 18932 |
| of state's pooled investment program, obligations of this state or | 18933 |
| any political subdivision of this state, certificates of deposit | 18934 |
| of any national bank located in this state, written repurchase | 18935 |
| agreements with any eligible Ohio financial institution that is a | 18936 |
| member of the federal reserve system or federal home loan bank, | 18937 |
| money market funds, or bankers acceptances maturing in two hundred | 18938 |
| seventy days or less which are eligible for purchase by the | 18939 |
| federal reserve system, as a reserve. | 18940 |
| (C) Any community college district is subject to audit by the | 18941 |
| auditor of state, who shall furnish to the county or counties | 18942 |
| which created the district a copy of the audit report. | 18943 |
| Sec. 3357.10. (A) The board of trustees of a technical | 18944 |
| college district shall elect a treasurer, who is not a member of | 18945 |
| the board, to serve at its pleasure. The treasurer may be the | 18946 |
| person serving as secretary under section 3357.06 of the Revised | 18947 |
| Code. The treasurer shall be the fiscal officer of the district | 18948 |
| and shall receive and disburse all funds of the district under the | 18949 |
| direction of the board. No contract of the board involving the | 18950 |
| expenditure of money shall become effective until the treasurer | 18951 |
| certifies that there are funds of the board otherwise | 18952 |
| unappropriated sufficient to provide therefor. | 18953 |
| When the treasurer of the district ceases to hold such | 18954 |
| office, the treasurer or the treasurer's legal representatives | 18955 |
| shall deliver to the board or to the treasurer's successor all | 18956 |
| moneys, books, papers, and other property of the district in the | 18957 |
| treasurer's possession as treasurer. In case of the death or | 18958 |
| incapacity of the treasurer, the treasurer's legal representatives | 18959 |
| shall, in like manner, deliver all moneys, books, papers, and | 18960 |
| other property of the district to the board or to the person named | 18961 |
| as the treasurer's successor. | 18962 |
| (B) All funds under the control of a board of trustees of a | 18963 |
| technical college district, regardless of the source of the funds, | 18964 |
| may be deposited by the board to its credit in banks or trust | 18965 |
| companies designated by it. The banks or trust companies shall | 18966 |
| furnish security for every deposit to the extent and in the manner | 18967 |
| provided in section 135.18 of the Revised Code, but no deposit | 18968 |
| shall otherwise be subject to sections 135.01 to 135.21 of the | 18969 |
| Revised Code. Funds deposited in a bank or trust company may be | 18970 |
| disbursed by the board of trustees for the uses and purposes of | 18971 |
| the district. | 18972 |
| (C) The board may provide for the investment of district | 18973 |
| funds. Investments may be made in securities of the United States | 18974 |
| government or of its agencies or instrumentalities, the treasurer | 18975 |
| of state's pooled investment program, obligations of this state or | 18976 |
| any political subdivision of this state, certificates of deposit | 18977 |
| of any national bank located in this state, written repurchase | 18978 |
| agreements with any eligible Ohio financial institution that is a | 18979 |
| member of the federal reserve system or federal home loan bank, | 18980 |
| money market funds, or bankers acceptances maturing in two hundred | 18981 |
| seventy days or less which are eligible for purchase by the | 18982 |
| federal reserve system, as a reserve. | 18983 |
| Sec. 3358.06. (A) The treasurer of each state community | 18984 |
|
college district shall be its fiscal officer, and | 18985 |
| shall receive and disburse all funds under the direction of the | 18986 |
| college president. No contract of the college's board of trustees | 18987 |
| involving the expenditure of money shall become effective until | 18988 |
| the treasurer certifies that there are funds of the board | 18989 |
| otherwise uncommitted and sufficient to provide therefor. | 18990 |
| When the treasurer ceases to hold the office, | 18991 |
| treasurer
or | 18992 |
| deliver to | 18993 |
| moneys, books, papers, and other property of the college. | 18994 |
| Before entering upon the discharge of | 18995 |
| the treasurer shall give bond to the state for the faithful | 18996 |
|
performance of | 18997 |
|
all
moneys coming into | 18998 |
| bond shall be determined by the board but shall not be for a sum | 18999 |
| less than the
estimated amount that may come into | 19000 |
| treasurer's control at any time. The bond shall be approved by the | 19001 |
| attorney general. | 19002 |
| (B) The board of trustees may provide for the investment of | 19003 |
| district funds. Investments may be made in securities of the | 19004 |
| United States government or of its agencies or instrumentalities, | 19005 |
| the treasurer of state's pooled investment program, obligations of | 19006 |
| this state or any political subdivision of this state, | 19007 |
| certificates of deposit of any national bank located in this | 19008 |
| state, written repurchase agreements with any eligible Ohio | 19009 |
| financial institution that is a member of the federal reserve | 19010 |
| system or federal home loan bank, money market funds, or bankers | 19011 |
| acceptances maturing in two hundred seventy days or less which are | 19012 |
| eligible for purchase by the federal reserve system, as a reserve. | 19013 |
| Sec. 3362.01. (A) There is hereby created a state university | 19014 |
| to be known as "Shawnee state university." The government of | 19015 |
| Shawnee state university is vested in a board of eleven trustees | 19016 |
| who shall be appointed by the governor with the advice and consent | 19017 |
| of the senate. Two of the trustees shall be students at Shawnee | 19018 |
| state university, and their selection and terms shall be in | 19019 |
| accordance with division (B) of this section. The remaining | 19020 |
| trustees shall be appointed as follows: one for a term of one | 19021 |
| year, one for a term of two years, one for a term of three years, | 19022 |
| one for a term of four years, one for a term of five years, one | 19023 |
| for a term of six years, one for a term of seven years, one for a | 19024 |
| term of eight years, and one for a term of nine years. Thereafter, | 19025 |
| terms shall be for nine years. All terms of office shall commence | 19026 |
| on the first day of July and end on the
thirtieth day of June. | 19027 |
| 19028 | |
| 19029 | |
| 19030 |
| Each trustee shall hold office from the date of appointment | 19031 |
| until the end of the term for which the trustee was appointed. Any | 19032 |
| trustee appointed to fill a vacancy occurring prior to the | 19033 |
| expiration of the term for which the trustee's predecessor was | 19034 |
| appointed shall hold office for the remainder of such term. Any | 19035 |
| trustee shall continue in office subsequent to the expiration date | 19036 |
| of the trustee's term until the trustee's successor takes office, | 19037 |
| or until a period of sixty days has elapsed, whichever occurs | 19038 |
| first. No person who has served a full nine-year term or more than | 19039 |
| six years of such a term shall be eligible for reappointment until | 19040 |
| a period of four years has elapsed since the last day of the term | 19041 |
| for which the person previously served. | 19042 |
| The trustees shall receive no compensation for their services | 19043 |
| but shall be paid their reasonable and necessary expenses while | 19044 |
| engaged in the discharge of their official duties. | 19045 |
| A majority of the board constitutes a quorum. | 19046 |
| (B) The student members of the board of trustees of Shawnee | 19047 |
| state university have no voting power on the board. Student | 19048 |
| members shall not be considered as members of the board in | 19049 |
| determining whether a quorum is present. Student members shall not | 19050 |
| be entitled to attend executive sessions of the board. The student | 19051 |
| members of the board shall be appointed by the governor, with the | 19052 |
| advice and consent of the senate, from a group of five candidates | 19053 |
| selected pursuant to a procedure adopted by the university's | 19054 |
| student governments and approved by the university's board of | 19055 |
| trustees. The initial term of office of one of the student members | 19056 |
| shall commence on July 1, 1988, and shall expire on June 30, 1989, | 19057 |
| and the initial term of office of the other student member shall | 19058 |
| commence on July 1, 1988, and expire on June 30, 1990. Thereafter, | 19059 |
| terms of office of student members shall be for two years, each | 19060 |
| term ending on the same day of the same month of the year as the | 19061 |
| term it succeeds. In the event a student member cannot fulfill a | 19062 |
| two-year term, a replacement shall be selected to fill the | 19063 |
| unexpired term in the same manner used to make the original | 19064 |
| selection. | 19065 |
| Sec. 3365.02. There is hereby established the post-secondary | 19066 |
| enrollment options program under which a secondary grade student | 19067 |
| who is a resident of this state may enroll at a college, on a | 19068 |
| full- or part-time basis, and complete nonsectarian courses for | 19069 |
| high school and college credit. | 19070 |
| Secondary grade students in a nonpublic school may | 19071 |
| participate in the post-secondary enrollment options program if | 19072 |
| the chief administrator of such school notifies the department of | 19073 |
| education by the first day of April prior to the school year in | 19074 |
| which the school's students will participate. | 19075 |
| The state board of education, after consulting with the board | 19076 |
| of regents, shall adopt rules governing the program. The rules | 19077 |
| shall include: | 19078 |
| (A) Requirements for school districts, community schools, or | 19079 |
| participating nonpublic schools to provide information about the | 19080 |
| program prior to the first day of March of each year to all | 19081 |
| students enrolled in grades eight through eleven; | 19082 |
| (B) A requirement that a student or the student's parent | 19083 |
| inform the district board of education, the governing authority of | 19084 |
| a community school, or the nonpublic school administrator by the | 19085 |
| thirtieth day of March of the student's intent to participate in | 19086 |
| the program during the following school year. The rule shall | 19087 |
| provide that any student who fails to notify a district board, the | 19088 |
| governing authority of a community school, or the nonpublic school | 19089 |
| administrator by the required date may not participate in the | 19090 |
| program during the following school year without the written | 19091 |
| consent of the district superintendent, the governing authority of | 19092 |
| a community school, or the nonpublic school administrator. | 19093 |
| (C) Requirements that school districts and community schools | 19094 |
| provide counseling services to students in grades eight through | 19095 |
| eleven and to their parents before the students participate in the | 19096 |
| program under this chapter to ensure that students and parents are | 19097 |
| fully aware of the possible risks and consequences of | 19098 |
| participation. Counseling information shall include without | 19099 |
| limitation: | 19100 |
| (1) Program eligibility; | 19101 |
| (2) The process for granting academic credits; | 19102 |
| (3) Financial arrangements for tuition, books, materials, and | 19103 |
| fees; | 19104 |
| (4) Criteria for any transportation aid; | 19105 |
| (5) Available support services; | 19106 |
| (6) Scheduling; | 19107 |
| (7) The consequences of failing or not completing a course in | 19108 |
| which the student enrolls and the effect of the grade attained in | 19109 |
| the course being included in the student's grade point average, if | 19110 |
| applicable; | 19111 |
| (8) The effect of program participation on the student's | 19112 |
| ability to complete the district's, community school's, or | 19113 |
| nonpublic school's graduation requirements; | 19114 |
| (9) The academic and social responsibilities of students and | 19115 |
| parents under the program; | 19116 |
| (10) Information about and encouragement to use the | 19117 |
| counseling services of the college in which the student intends to | 19118 |
| enroll. | 19119 |
| (D) A requirement that the student and the student's parent | 19120 |
| sign a form, provided by the school district or school, stating | 19121 |
| that they have received the counseling required by division (C) of | 19122 |
| this section and that they understand the responsibilities they | 19123 |
| must assume in the program; | 19124 |
| (E) The options required by section 3365.04 of the Revised | 19125 |
| Code; | 19126 |
| (F) A requirement that a student may not enroll in any | 19127 |
| specific college course through the program if the student has | 19128 |
| taken high school courses in the same subject area as that college | 19129 |
| course and has failed to attain a cumulative grade point average | 19130 |
| of at least 3.0 on a 4.0 scale, or the equivalent, in such | 19131 |
| completed high school courses | 19132 |
| | 19133 |
| 19134 | |
| 19135 | |
| 19136 | |
| 19137 |
| Sec. 3365.11. (A) If the superintendent of the school | 19138 |
| district or the chief administrator of the community school in | 19139 |
| which a participant is enrolled determines that the participant | 19140 |
| has not attained a passing final grade in a college course in | 19141 |
| which the participant enrolled under this chapter, the | 19142 |
| superintendent or chief administrator shall seek reimbursement | 19143 |
| from the participant or the participant's parent for the amount of | 19144 |
| state funds paid to the college on behalf of the participant for | 19145 |
| that college course. The board of education of the school district | 19146 |
| or the governing authority of the community school, in accordance | 19147 |
| with division (C) of section 3313.642 of the Revised Code, may | 19148 |
| withhold grades and credits received by the participant for | 19149 |
| district or community school courses taken by the participant | 19150 |
| until the participant or the participant's parent provides | 19151 |
| reimbursement. | 19152 |
| (B) If the chief administrator of the nonpublic school in | 19153 |
| which a participant is enrolled determines that the participant | 19154 |
| has not attained a passing final grade in a college course in | 19155 |
| which the participant enrolled under this chapter, the chief | 19156 |
| administrator shall seek reimbursement from the participant or the | 19157 |
| participant's parent for the amount of state funds paid to the | 19158 |
| college on behalf of the participant for enrollment in that | 19159 |
| college course. Upon the collection of any funds from a | 19160 |
| participant or participant's parent under this division, the chief | 19161 |
| administrator of a nonpublic school shall send an amount equal to | 19162 |
| the funds collected to the superintendent of public instruction. | 19163 |
| The superintendent of public instruction shall credit that amount | 19164 |
| to the general revenue fund. | 19165 |
| Sec. 3375.121. (A) In any municipal corporation, not located | 19166 |
| in a county library district, which has a population of not less | 19167 |
| than twenty-five thousand, and within which there is not located a | 19168 |
| main library of a township, municipal, school district, | 19169 |
| association, or county free public library, a library district may | 19170 |
| be created by a resolution adopted by the legislative authority of | 19171 |
| 19172 | |
| adopted after one year from June 20, 1977. Upon the adoption of | 19173 |
| such a resolution, any branches of an existing library
| 19174 |
| are located in | 19175 |
| property of the municipal library district created. | 19176 |
| The municipal corporation and the board of trustees of the | 19177 |
|
public library maintaining any existing branches in | 19178 |
| municipal corporation shall forthwith take appropriate action | 19179 |
|
transferring all title and interest in all | 19180 |
| personal | 19181 |
| the name
of the library district maintaining | 19182 |
| in | 19183 |
| adopting the
appropriate resolution. Upon transfer of | 19184 |
| title and interest
in | 19185 |
| become a part of, and be operated by, the board of library | 19186 |
| trustees appointed by the mayor. | 19187 |
| (B) In any municipal corporation | 19188 |
| of
less than twenty-five thousand and | 19189 |
| one hundred thousand dollars available from a bequest for the | 19190 |
| establishment of a municipal library, the legislative authority of | 19191 |
| 19192 | |
| June 20, 1977, a resolution creating a library district. Upon the | 19193 |
| establishment of any such library district, the board of trustees | 19194 |
| of
any library operating a branch library in | 19195 |
| corporation shall not be required to transfer any property to the | 19196 |
| newly established library. | 19197 |
| (C) The board of library trustees of any library district | 19198 |
| created
under this section shall be composed of six members. | 19199 |
| Those trustees shall be appointed by the mayor, to serve without | 19200 |
| compensation, for a term of four years. In the first instance, | 19201 |
|
three of | 19202 |
| years, and three of them shall be appointed for a term of four | 19203 |
| years. Vacancies shall be filled by like appointment for the | 19204 |
| unexpired term. A library district created under this section | 19205 |
| shall be governed in
accordance with and exercise | 19206 |
| authority | 19207 |
| Revised Code. | 19208 |
| Notwithstanding any contrary provision of section 3.24 of the | 19209 |
| Revised Code, the president of a board of township trustees may | 19210 |
| administer the oath of office to a person or persons representing | 19211 |
| the township on the board of library trustees of any library | 19212 |
| district created under this section, even if the geographical | 19213 |
| limits of the library district do not fall within the geographical | 19214 |
| limits of the township. | 19215 |
| (D) Any library district created under this section is | 19216 |
| eligible to participate in the proceeds of the county library and | 19217 |
| local government support fund in accordance with section 5705.28 | 19218 |
| of the Revised Code. | 19219 |
| (E) A municipal corporation may establish and operate a free | 19220 |
| public library regardless of whether the municipal corporation is | 19221 |
| located in a county library district or school library district, | 19222 |
| if all of the following conditions are met: | 19223 |
| (1) The facility in which the library is principally located | 19224 |
| is transferred to the municipal corporation from the county | 19225 |
| library district or school library district in which it is located | 19226 |
| prior to January 1,
1996 | 19227 |
| (2) The population of the municipal corporation is less than | 19228 |
| five hundred when the library is transferred from the county | 19229 |
| library district or school library district to the municipal | 19230 |
| corporation | 19231 |
| (3) The municipal corporation does not establish a municipal | 19232 |
| library
district under this section | 19233 |
| (4) The library does not receive any proceeds from the county | 19234 |
| library and local government support fund under section 5747.48 of | 19235 |
| the Revised Code. | 19236 |
| Sec. 3381.15. | 19237 |
| county, the legislative authority of any municipal corporation, | 19238 |
| and the board of township trustees of any township, included | 19239 |
| within a regional arts and cultural district may appropriate | 19240 |
| annually, from moneys to the credit of the general fund of the | 19241 |
| county, the municipal corporation, or the township and not | 19242 |
| otherwise appropriated, that portion of the expense of the | 19243 |
| district to be paid by the county, municipal corporation, or | 19244 |
| township as provided in the resolution creating or enlarging the | 19245 |
| district adopted under section 3381.03 of the Revised Code, or by | 19246 |
| any amendment to the resolution. | 19247 |
| | 19248 |
| 19249 | |
| 19250 | |
| 19251 | |
| 19252 | |
| 19253 | |
| 19254 |
| Sec. 3381.17. From the funds available therefor from a tax | 19255 |
| levy authorized under section 3381.16 or, if applicable, sections | 19256 |
| 5743.021 and 5743.321 of the Revised Code, a regional arts and | 19257 |
| cultural district by action of its board of trustees shall make | 19258 |
| annual grants to support the operating or capital expenses of such | 19259 |
| of the arts or cultural organizations located within the territory | 19260 |
| of the district as the board of trustees shall determine; | 19261 |
| provided, however, that not more than ten per cent of the amount | 19262 |
| granted in any calendar year shall be granted to arts and cultural | 19263 |
| organizations that are not qualifying arts or cultural | 19264 |
| organizations; and further provided that prior to making any | 19265 |
| grants in any calendar year, the board of trustees shall afford an | 19266 |
| opportunity for the presentation, either in person or in writing, | 19267 |
| of the suggestions of any area arts council, as defined in section | 19268 |
| 757.03 of the Revised Code, located within the district. Any such | 19269 |
| grant to an arts or cultural organization shall be on such terms | 19270 |
| and conditions as the board considers advisable. | 19271 |
| Sec. 3517.152. (A)(1) There is hereby created the Ohio | 19272 |
| elections commission consisting of seven members. | 19273 |
| Not later than forty-five days after August 24, 1995, the | 19274 |
| speaker of the house of representatives and the leader in the | 19275 |
| senate of the political party of which the speaker is a member | 19276 |
| shall jointly submit to the governor a list of five persons who | 19277 |
| are affiliated with that political party. Not later than | 19278 |
| forty-five days after August 24, 1995, the two legislative leaders | 19279 |
| in the two houses of the general assembly of the major political | 19280 |
| party of which the speaker is not a member shall jointly submit to | 19281 |
| the governor a list of five persons who are affiliated with the | 19282 |
| major political party of which the speaker is not a member. Not | 19283 |
| later than fifteen days after receiving each list, the governor | 19284 |
| shall appoint three persons from each list to the commission. The | 19285 |
| governor shall appoint one person from each list to a term that | 19286 |
| ends on December 31, 1996, one person from each list to a term | 19287 |
| that ends on December 31, 1997, and one person from each list to a | 19288 |
| term that ends on December 31, 1998. | 19289 |
| Not later than thirty days after the governor appoints these | 19290 |
| six members, they shall, by a majority vote, appoint to the | 19291 |
| commission a seventh member, who shall not be affiliated with a | 19292 |
| political party. If the six members fail to appoint the seventh | 19293 |
| member within this thirty-day period, the chief justice of the | 19294 |
| supreme court, not later than thirty days after the end of the | 19295 |
| period during which the six members were required to appoint a | 19296 |
| member, shall appoint the seventh member, who shall not be | 19297 |
| affiliated with a political party. The seventh member shall be | 19298 |
| appointed to a term that ends on December 31, 2001. Terms of the | 19299 |
| initial members appointed under this division begin on January 1, | 19300 |
| 1996. | 19301 |
| (2) If a vacancy occurs in the position of the seventh | 19302 |
| member, who is not affiliated with a political party, the six | 19303 |
| remaining members by a majority vote shall appoint, not later than | 19304 |
| forty-five days after the date of the vacancy, the seventh member | 19305 |
| of the commission, who shall not be affiliated with a political | 19306 |
| party. If these members fail to appoint the seventh member within | 19307 |
| this forty-five-day period, the chief justice of the supreme | 19308 |
| court, within fifteen days after the end of this period, shall | 19309 |
| appoint the seventh member, who shall not be affiliated with a | 19310 |
| political party. If a vacancy occurs in any of the other six | 19311 |
| positions on the commission, the legislative leaders of the | 19312 |
| political party from whose list of persons the member being | 19313 |
| replaced was appointed shall submit to the governor, not later | 19314 |
| than thirty days after the date of the vacancy, a list of three | 19315 |
| persons who are affiliated with that political party. Not later | 19316 |
| than fifteen days after receiving the list, the governor, with the | 19317 |
| advice and consent of the senate, shall appoint one person from | 19318 |
| the list to the commission. | 19319 |
| (3) At no time shall more than six members of the commission | 19320 |
| be affiliated with a political party, and, of these six members, | 19321 |
| not more than three shall be affiliated with the same political | 19322 |
| party. | 19323 |
| (4) In making appointments to the commission, the governor | 19324 |
| shall take into consideration the various geographic areas of this | 19325 |
| state and shall appoint members so that those areas are | 19326 |
| represented on the commission in a balanced manner, to the extent | 19327 |
| feasible. | 19328 |
| (5) Members of the commission shall be registered electors | 19329 |
| and shall be of good moral character. | 19330 |
| (B) Each member of the Ohio elections commission shall hold | 19331 |
| office from the date of the member's appointment until the end of | 19332 |
| the term for which the member was appointed. A member appointed to | 19333 |
| fill a vacancy occurring prior to the expiration of the term for | 19334 |
| which the member's predecessor was appointed shall hold office for | 19335 |
| the remainder of that term. A member shall continue in office | 19336 |
| subsequent to the expiration date of the member's term until the | 19337 |
| member's successor takes office or until a period of sixty days | 19338 |
| has elapsed, whichever occurs first. After the initial terms of | 19339 |
| office provided for in division (A)(1) of this section, terms of | 19340 |
| office shall be for five years. | 19341 |
| (C) A vacancy in the Ohio elections commission may be caused | 19342 |
| by death, resignation, or three absences from commission meetings | 19343 |
| in a calendar year if those absences are caused by reasons | 19344 |
| declared invalid by a vote of five members of the remaining | 19345 |
| members of the commission. | 19346 |
| (D) Each member of the Ohio elections commission while in the | 19347 |
| performance of the business of the commission shall be entitled to | 19348 |
| receive compensation at the rate of twenty-five thousand dollars | 19349 |
| per year. Members shall be reimbursed for expenses actually and | 19350 |
| necessarily incurred in the performance of their duties. | 19351 |
| (E) No member of the Ohio elections commission shall serve | 19352 |
| more than one full term unless the terms served are served | 19353 |
| nonconsecutively. | 19354 |
| (F)(1) No member of the Ohio elections commission shall do or | 19355 |
| be any of the following: | 19356 |
| (a) Hold, or be a candidate for, a public office; | 19357 |
| (b) Serve on a committee supporting or opposing a candidate | 19358 |
| or ballot question or issue; | 19359 |
| (c) Be an officer of the state central committee, a county | 19360 |
| central committee, or a district, city, township, or other | 19361 |
| committee of a political party or an officer of the executive | 19362 |
| committee of the state central committee, a county central | 19363 |
| committee, or a district, city, township, or other committee of a | 19364 |
| political party; | 19365 |
| (d) Be a legislative agent as defined in section 101.70 of | 19366 |
| the Revised Code or an executive agency lobbyist as defined in | 19367 |
| section 121.60 of the Revised Code; | 19368 |
| (e) Solicit or be involved in soliciting contributions on | 19369 |
| behalf of a candidate, campaign committee, political party, | 19370 |
| political action committee, or political contributing entity; | 19371 |
| (f) Be in the unclassified service under section 124.11 of | 19372 |
| the Revised Code; | 19373 |
| (g) Be a person or employee | 19374 |
| 19375 | |
| pursuant to division (C) of section 4117.01 of the Revised Code. | 19376 |
| (2) No member or employee of the commission shall make a | 19377 |
| contribution to, or for the benefit of, a campaign committee or | 19378 |
| committee in support of or opposition to a ballot question or | 19379 |
| issue, a political party, a legislative campaign fund, a | 19380 |
| political action committee, or a political contributing entity. | 19381 |
| (G)(1) The members of the Ohio elections commission shall | 19382 |
| elect a chairperson and a vice-chairperson. At no time shall the | 19383 |
| chairperson and vice-chairperson be affiliated with the same | 19384 |
| political party. The chairperson shall serve in that capacity for | 19385 |
| one year and shall not serve as chairperson more than twice during | 19386 |
| a term as a member of the commission. No two successive | 19387 |
| chairpersons shall be affiliated with the same political party. | 19388 |
| (2) The commission shall meet at the call of the chairperson | 19389 |
| or upon the written request of a majority of the members. The | 19390 |
| meetings and hearings of the commission or a panel of the | 19391 |
| commission under sections 3517.153 to 3517.157 of the Revised Code | 19392 |
| are subject to section 121.22 of the Revised Code. | 19393 |
| (3) The commission shall adopt rules for its procedures in | 19394 |
| accordance with Chapter 119. of the Revised Code. Five of the | 19395 |
| seven members constitute a quorum. Except as otherwise provided in | 19396 |
| this section and in sections 3517.154 to 3517.157 of the Revised | 19397 |
| Code, no action shall be taken without the concurrence of a | 19398 |
| majority of the members. | 19399 |
| (H)(1) The Ohio elections commission shall employ the | 19400 |
| technical, professional, and clerical employees that are necessary | 19401 |
| for it to carry out its duties. | 19402 |
| (2)(a) Notwithstanding section 109.02 of the Revised Code, | 19403 |
| the commission shall employ a full-time attorney, and, as needed, | 19404 |
| one or more investigatory attorneys to conduct investigations for | 19405 |
| the commission or a panel of the commission. The commission may | 19406 |
| employ or contract for the services of additional attorneys, as | 19407 |
| needed. The full-time attorney shall do all of the following: | 19408 |
| (i) Serve as the commission's attorney in regard to all legal | 19409 |
| matters, including representing the commission at appeals from a | 19410 |
| final determination of the commission, except that the full-time | 19411 |
| attorney shall not perform the duties that an investigatory | 19412 |
| attorney is required or requested to perform or that another | 19413 |
| attorney the commission employs or contracts with for services is | 19414 |
| required or requested to perform, and shall not represent the | 19415 |
| commission in any legal proceeding in which the commission is a | 19416 |
| named party; | 19417 |
| (ii) At the request of the commission or a panel of the | 19418 |
| commission, be present at a hearing held under sections 3517.154 | 19419 |
| to 3517.156 of the Revised Code to rule on the admissibility of | 19420 |
| evidence and to advise on the conduct of procedure; | 19421 |
| (iii) Perform other duties as required by rule of the | 19422 |
| commission. | 19423 |
| (b) An attorney employed by or under contract with the | 19424 |
| commission shall be licensed to practice law in this state. | 19425 |
| (3)(a) Except as otherwise provided in division (H)(3)(b) of | 19426 |
| this section, at least five members of the commission shall agree | 19427 |
| on the employment of a person, a majority of the members shall | 19428 |
| agree on the discharge of an employee, and a person employed by | 19429 |
| the commission shall serve at the pleasure of the commission. | 19430 |
| (b) At least five of the seven members shall agree on the | 19431 |
| discharge of an investigatory attorney. | 19432 |
| (I) There is hereby created in the state treasury the Ohio | 19433 |
| elections commission fund. All moneys credited to the fund shall | 19434 |
| be used solely for the purpose of paying expenses related to the | 19435 |
| operation of the Ohio elections commission. | 19436 |
| Sec. 3701.041. (A) The employee assistance program is hereby | 19437 |
| established for the purpose of referring state employees paid by | 19438 |
| warrant of the | 19439 |
| who are in need of medical, social, or other services to providers | 19440 |
| of those services. | 19441 |
| The director of health, in consultation with the director of | 19442 |
| budget and management, shall determine a rate at which the | 19443 |
| payrolls of all state agencies with employees paid by warrant of | 19444 |
|
the | 19445 |
| charged each pay period that is sufficient to cover the costs of | 19446 |
| administering the program. The rate shall be based upon the total | 19447 |
| number of such employees and may be adjusted as the director of | 19448 |
| health, in consultation with the director of budget and | 19449 |
| management, considers necessary. All money collected from the | 19450 |
| assessment shall be deposited in the state treasury to the credit | 19451 |
| of the employee assistance general services fund, which is hereby | 19452 |
| created. The fund shall be used by the director of health to | 19453 |
| administer the program. | 19454 |
| (B) Records of the identity, diagnosis, prognosis, or | 19455 |
| treatment of any person that are maintained in connection with the | 19456 |
| employee assistance program created in division (A) of this | 19457 |
| section are not public records under section 149.43 of the Revised | 19458 |
| Code and shall be disclosed only as provided in division (C) of | 19459 |
| this section. | 19460 |
| (C)(1) Records described in division (B) of this section may | 19461 |
| be disclosed with the prior written consent of the person who is | 19462 |
| the subject of the record. | 19463 |
| (2) Records described in division (B) of this section may be | 19464 |
| disclosed with or without the prior written consent of the person | 19465 |
| who is the subject of the record under the following conditions: | 19466 |
| (a) To medical personnel to the extent necessary to meet a | 19467 |
| bona fide medical emergency; | 19468 |
| (b) To qualified personnel for the purpose of conducting | 19469 |
| scientific research, management audits, financial audits, or | 19470 |
| program evaluation, but the personnel shall not directly or | 19471 |
| indirectly identify any person who is the subject of the record in | 19472 |
| any report of the research, audit, or evaluation or in any other | 19473 |
| manner; | 19474 |
| (c) If authorized by an appropriate order of a court of | 19475 |
| competent jurisdiction granted after a showing of good cause. In | 19476 |
| determining good cause, the court shall weigh the public interest | 19477 |
| and the need for disclosure against injury to the person who is | 19478 |
| the subject of the record and to the employee assistance program. | 19479 |
| Upon granting such an order, the court shall, in determining the | 19480 |
| extent to which the disclosure of all or any part of any record is | 19481 |
| necessary, impose appropriate safeguards against unauthorized | 19482 |
| disclosure. | 19483 |
| (D) Except as authorized by a court order described in | 19484 |
| division (C)(2)(c) of this section, no record described in | 19485 |
| division (B) of this section may be used to initiate or | 19486 |
| substantiate criminal charges against the person who is the | 19487 |
| subject of the record or to conduct any investigation of such a | 19488 |
| person. | 19489 |
| Sec. 3701.046. The director of health is authorized to make | 19490 |
| grants for women's health services from funds appropriated for | 19491 |
| that purpose by the general assembly. | 19492 |
| None of the funds received through grants for women's health | 19493 |
| services shall be used to provide abortion services. None of the | 19494 |
| funds received through these grants shall be used for counseling | 19495 |
| for or referrals for abortion, except in the case of a medical | 19496 |
| emergency. These funds shall be distributed by the director to | 19497 |
| programs that the department of health determines will provide | 19498 |
| services that are physically and financially separate from | 19499 |
| abortion-providing and abortion-promoting activities, and that do | 19500 |
| not include counseling for or referrals for abortion, other than | 19501 |
| in the case of medical emergency. | 19502 |
| These women's health services include and are limited to the | 19503 |
| following: pelvic examinations and laboratory testing; breast | 19504 |
| examinations and patient education on breast cancer; screening for | 19505 |
| cervical cancer; screening and treatment for sexually transmitted | 19506 |
| diseases and HIV screening; voluntary choice of contraception, | 19507 |
| including abstinence and natural family planning; patient | 19508 |
| education and pre-pregnancy counseling on the dangers of smoking, | 19509 |
| alcohol, and drug use during pregnancy; education on sexual | 19510 |
| coercion and violence in relationships; and prenatal care or | 19511 |
| referral for prenatal care. These health care services shall be | 19512 |
| provided in a medical clinic setting by persons authorized under | 19513 |
| Chapter. 4731 of the Revised Code to practice medicine and surgery | 19514 |
| or osteopathic medicine and surgery; authorized under Chapter | 19515 |
| 4730. of the Revised Code to practice as a physician assistant; | 19516 |
| licensed under Chapter 4723. of the Revised Code as a registered | 19517 |
| nurse or licensed practical nurse; or licensed under Chapter 4757. | 19518 |
| of the Revised Code as a social worker, independent social worker, | 19519 |
| professional clinical counselor, or professional counselor. | 19520 |
| The director shall adopt rules under Chapter 119. of the | 19521 |
| Revised Code specifying reasonable eligibility standards that must | 19522 |
| be met to receive the state funding and provide reasonable methods | 19523 |
| by which a grantee wishing to be eligible for federal funding may | 19524 |
| comply with these requirements for state funding without losing | 19525 |
| its eligibility for federal funding. | 19526 |
| Each applicant for these funds shall provide sufficient | 19527 |
| assurance to the director of all of the following: | 19528 |
| (A) The program shall not discriminate in the provision of | 19529 |
| services based on an individual's religion, race, national origin, | 19530 |
| handicapping condition, age, sex, number of pregnancies, or | 19531 |
| marital status; | 19532 |
| (B) The program shall provide services without subjecting | 19533 |
| individuals to any coercion to accept services or to employ any | 19534 |
| particular methods of family planning; | 19535 |
| (C) Acceptance of services shall be solely on a voluntary | 19536 |
| basis and may not be made a prerequisite to eligibility for, or | 19537 |
| receipt of, any other service, assistance from, or participation | 19538 |
| in, any other program of the service provider; | 19539 |
| (D) Any charges for services provided by the program shall be | 19540 |
| based on the patient's ability to pay and priority in the | 19541 |
| provision of services shall be given to persons from low-income | 19542 |
| families. | 19543 |
| In distributing these grant funds, the director shall give | 19544 |
| priority to grant requests from local departments of health for | 19545 |
| women's health services to be provided directly by personnel of | 19546 |
| the local department of health. The director shall issue a single | 19547 |
| request for proposals for all grants for women's health services. | 19548 |
| The director shall send a notification of this request for | 19549 |
| proposals to every local department of health in this state and | 19550 |
| shall place a notification on the department's web site. The | 19551 |
| director shall allow at least thirty days after issuing this | 19552 |
| notification before closing the period to receive applications. | 19553 |
| After the closing date for receiving grant applications, the | 19554 |
| director shall first consider grant applications from local | 19555 |
| departments of health that apply for grants for women's health | 19556 |
| services to be provided directly by personnel of the local | 19557 |
| department of health. Local departments of health that apply for | 19558 |
| grants for women's health services to be provided directly by | 19559 |
| personnel of the local department of health need not provide all | 19560 |
| the listed women's health services in order to qualify for a | 19561 |
| grant. However, in prioritizing awards among local departments of | 19562 |
| health that qualify for funding under this paragraph, the director | 19563 |
| may consider, among other reasonable factors, the | 19564 |
| comprehensiveness of the women's health services to be offered, | 19565 |
| provided that no local department of health shall be discriminated | 19566 |
| against in the process of awarding these grant funds because the | 19567 |
| applicant does not provide contraception. | 19568 |
| If funds remain after awarding grants to all local | 19569 |
| departments of health that qualify for the priority, the director | 19570 |
| may make grants to other applicants. Awards to other applicants | 19571 |
| may be made to those applicants that will offer all eight of the | 19572 |
| listed women's health services or that will offer all of the | 19573 |
| services except contraception. No applicant shall be discriminated | 19574 |
| against in the process of awarding these grant funds because the | 19575 |
| applicant does not provide contraception. | 19576 |
| Sec. 3701.341. (A) The public health council, pursuant to | 19577 |
| Chapter 119. and consistent with section 2317.56 of the Revised | 19578 |
| Code, shall adopt rules relating to abortions and the following | 19579 |
| subjects: | 19580 |
| (1) Post-abortion procedures to protect the health of the | 19581 |
| pregnant woman; | 19582 |
| (2) | 19583 |
| | 19584 |
| | 19585 |
| | 19586 |
| (B) The director of health shall implement the rules and | 19587 |
| shall apply to the court of common pleas for temporary or | 19588 |
| permanent injunctions restraining a violation or threatened | 19589 |
| violation of the rules. This action is an additional remedy not | 19590 |
| dependent on the adequacy of the remedy at law. | 19591 |
| Sec. 3701.65. (A) There is hereby created in the state | 19592 |
| treasury the "choose life" fund. The fund shall consist of the | 19593 |
| contributions that are paid to the registrar of motor vehicles by | 19594 |
| applicants who voluntarily elect to obtain "choose life" license | 19595 |
| plates pursuant to section 4503.91 of the Revised Code and any | 19596 |
| money returned to the fund under division (E)(1)(d) of this | 19597 |
| section. All investment earnings of the fund shall be credited to | 19598 |
| the fund. | 19599 |
| (B)(1) At least annually, the director of health shall | 19600 |
| distribute the money in the fund to any private, nonprofit | 19601 |
| organization that is eligible to receive funds under this section | 19602 |
| and that applies for funding under division (C) of this section. | 19603 |
| (2) The director shall distribute the funds based on the | 19604 |
| county in which the organization applying for funding is located | 19605 |
| and in proportion to the number of "choose life" license plates | 19606 |
| issued during the preceding year to vehicles registered in each | 19607 |
| county. The director shall distribute funds allocated for a county | 19608 |
| to one or more eligible organizations located in contiguous | 19609 |
| counties if no eligible organization located within the county | 19610 |
| applies for funding. Within each county, eligible organizations | 19611 |
| that apply for funding shall share equally in the funds available | 19612 |
| for distribution to organizations located within that county. | 19613 |
| (C) Any organization seeking funds under this section | 19614 |
| annually shall apply for distribution of the funds based on the | 19615 |
| county in which the organization is located. An organization may | 19616 |
| apply for funding in a contiguous county if it demonstrates that | 19617 |
| it provides services for pregnant women residing in that | 19618 |
| contiguous county. The director shall develop an application form | 19619 |
| and may determine the schedule and procedures that an organization | 19620 |
| shall follow when annually applying for funds. The application | 19621 |
| shall inform the applicant of the conditions for receiving and | 19622 |
| using funds under division (E) of this section. The application | 19623 |
| shall require evidence that the organization meets all of the | 19624 |
| following requirements: | 19625 |
| (1) Is a private, nonprofit organization; | 19626 |
| (2) Is committed to counseling pregnant women about the | 19627 |
| option of adoption; | 19628 |
| (3) Provides services within the state to pregnant women who | 19629 |
| are planning to place their children for adoption, including | 19630 |
| counseling and meeting the material needs of the women; | 19631 |
| (4) Does not charge women for any services received; | 19632 |
| (5) Is not involved or associated with any abortion | 19633 |
| activities, including counseling for or referrals to abortion | 19634 |
| clinics, providing medical abortion-related procedures, or | 19635 |
| pro-abortion advertising; | 19636 |
| (6) Does not discriminate in its provision of any services on | 19637 |
| the basis of race, religion, color, age, marital status, national | 19638 |
| origin, handicap, gender, or age. | 19639 |
| (D) The director shall not distribute funds to an | 19640 |
| organization that does not provide verifiable evidence of the | 19641 |
| requirements specified in the application under division (C) of | 19642 |
| this section and shall not provide additional funds to any | 19643 |
| organization that fails to comply with division (E) of this | 19644 |
| section in regard to its previous receipt of funds under this | 19645 |
| section. | 19646 |
| (E)(1) An organization receiving funds under this section | 19647 |
| shall do all of the following: | 19648 |
| (a) Use not more than sixty per cent of the funds distributed | 19649 |
| to it for the material needs of pregnant women who are planning to | 19650 |
| place their children for adoption or for infants awaiting | 19651 |
| placement with adoptive parents, including clothing, housing, | 19652 |
| medical care, food, utilities, and transportation; | 19653 |
| (b) Use not more than forty per cent of the funds distributed | 19654 |
| to it for counseling, training, or advertising; | 19655 |
| (c) Not use any of the funds distributed to it for | 19656 |
| administrative expenses, legal expenses, or capital expenditures; | 19657 |
| (d) Annually return to the fund created under division (A) of | 19658 |
| this section any unused money that exceeds ten per cent of the | 19659 |
| money distributed to the organization. | 19660 |
| (2) The organization annually shall submit to the director an | 19661 |
| audited financial statement verifying its compliance with division | 19662 |
| (E)(1) of this section. | 19663 |
| (F) The director, in accordance with Chapter 119. of the | 19664 |
| Revised Code, shall adopt rules to implement this section. | 19665 |
| It is not the intent of the general assembly that the | 19666 |
| department create a new position within the department to | 19667 |
| implement and administer this section. It is the intent of the | 19668 |
| general assembly that the implementation and administration of | 19669 |
| this section be accomplished by existing department personnel. | 19670 |
| Sec. 3701.79. (A) As used in this section: | 19671 |
| (1) "Abortion" has the same meaning as in section 2919.11 of | 19672 |
| the Revised Code. | 19673 |
| (2) "Abortion report" means a form completed pursuant to | 19674 |
| division (C) of this section. | 19675 |
| (3) "Ambulatory surgical facility" has the same meaning as in | 19676 |
| section 3702.30 of the Revised Code. | 19677 |
| (4) "Department" means the department of health. | 19678 |
| (5) "Hospital" means any building, structure, institution, or | 19679 |
| place devoted primarily to the maintenance and operation of | 19680 |
| facilities for the diagnosis, treatment, and medical or surgical | 19681 |
| care for three or more unrelated individuals suffering from | 19682 |
| illness, disease, injury, or deformity, and regularly making | 19683 |
| available at least clinical laboratory services, diagnostic x-ray | 19684 |
| services, treatment facilities for surgery or obstetrical care, or | 19685 |
| other definitive medical treatment. "Hospital" does not include a | 19686 |
| "home" as defined in section 3721.01 of the Revised Code. | 19687 |
| (6) "Physician's office" means an office or portion of an | 19688 |
| office that is used to provide medical or surgical services to the | 19689 |
| physician's patients. "Physician's office" does not mean an | 19690 |
| ambulatory surgical facility, a hospital, or a hospital emergency | 19691 |
| department. | 19692 |
| (7) "Postabortion care" means care given after the uterus has | 19693 |
| been evacuated by abortion. | 19694 |
| (B) The department shall be responsible for collecting and | 19695 |
| collating abortion data reported to the department as required by | 19696 |
| this section. | 19697 |
| (C) The attending physician shall complete an individual | 19698 |
| abortion report for each abortion the physician performs upon a | 19699 |
| woman. The report shall be confidential and shall not contain the | 19700 |
| woman's name. The report shall include, but is not limited to, all | 19701 |
| of the following, insofar as the patient makes the data available | 19702 |
| that is not within the physician's knowledge: | 19703 |
| (1) Patient number; | 19704 |
| (2) The name and address of the facility in which the | 19705 |
| abortion was performed, and whether the facility is a hospital, | 19706 |
| ambulatory surgical facility, physician's office, or other | 19707 |
| facility; | 19708 |
| (3) The date of the abortion; | 19709 |
| (4) All of the following regarding the woman on whom the | 19710 |
| abortion was performed: | 19711 |
| (a) Zip code of residence; | 19712 |
| (b) Age; | 19713 |
| (c) Race; | 19714 |
| (d) Marital status; | 19715 |
| (e) Number of previous pregnancies; | 19716 |
| (f) Years of education; | 19717 |
| (g) Number of living children; | 19718 |
| (h) Number of previously induced abortions; | 19719 |
| (i) Date of last induced abortion; | 19720 |
| (j) Date of last live birth; | 19721 |
| (k) Method of contraception at the time of conception; | 19722 |
| (l) Date of the first day of the last menstrual period; | 19723 |
| (m) Medical condition at the time of the abortion; | 19724 |
| (n) Rh-type; | 19725 |
| (o) The number of weeks of gestation at the time of the | 19726 |
| abortion. | 19727 |
| (5) The type of abortion procedure performed; | 19728 |
| (6) Complications by type; | 19729 |
| (7) Type of procedure performed after the abortion; | 19730 |
| (8) Type of family planning recommended; | 19731 |
| (9) Type of additional counseling given; | 19732 |
| (10) Signature of attending physician. | 19733 |
| (D) The physician who completed the abortion report under | 19734 |
| division (C) of this section shall submit the abortion report to | 19735 |
| the department within fifteen days after the woman is discharged. | 19736 |
| (E) The appropriate vital records report or certificate shall | 19737 |
| be made out after the twentieth week of gestation. | 19738 |
| (F) A copy of the abortion report shall be made part of the | 19739 |
| medical record of the patient of the facility in which the | 19740 |
| abortion was performed. | 19741 |
| (G) Each hospital shall file monthly and annual reports | 19742 |
| listing the total number of women who have undergone a | 19743 |
| post-twelve-week-gestation abortion and received postabortion | 19744 |
| care. The annual report shall be filed following the conclusion of | 19745 |
| the state's fiscal year. Each report shall be filed within thirty | 19746 |
| days after the end of the applicable reporting period. | 19747 |
| (H) Each case in which a physician treats a post abortion | 19748 |
| complication shall be reported on a postabortion complication | 19749 |
| form. The report shall be made upon a form prescribed by the | 19750 |
| department, shall be signed by the attending physician, and shall | 19751 |
| be confidential. | 19752 |
| (I)(1) Not later than the first day of October of each year, | 19753 |
| the department shall issue an annual report of the abortion data | 19754 |
| reported to the department for the previous calendar year as | 19755 |
| required by this section. The annual report shall include at least | 19756 |
| the following information: | 19757 |
| (a) The total number of induced abortions; | 19758 |
| (b) The number of abortions performed on Ohio and | 19759 |
| out-of-state residents; | 19760 |
| (c) The number of abortions performed, sorted by each of the | 19761 |
| following: | 19762 |
| (i) The age of the woman on whom the abortion was performed, | 19763 |
| using the following categories: under fifteen years of age, | 19764 |
| fifteen to nineteen years of age, twenty to twenty-four years of | 19765 |
| age, twenty-five to twenty-nine years of age, thirty to | 19766 |
| thirty-four years of age, thirty-five to thirty-nine years of age, | 19767 |
| forty to forty-four years of age, forty-five years of age or | 19768 |
| older; | 19769 |
| (ii) The race and Hispanic ethnicity of the woman on whom the | 19770 |
| abortion was performed; | 19771 |
| (iii) The education level of the woman on whom the abortion | 19772 |
| was performed, using the following categories or their | 19773 |
| equivalents: less than ninth grade, ninth through twelfth grade, | 19774 |
| one or more years of college; | 19775 |
| (iv) The marital status of the woman on whom the abortion was | 19776 |
| performed; | 19777 |
| (v) The number of living children of the woman on whom the | 19778 |
| abortion was performed, using the following categories: none, one, | 19779 |
| or two or more; | 19780 |
| (vi) The number of weeks of gestation of the woman at the | 19781 |
| time the abortion was performed, using the following categories: | 19782 |
| less than nine weeks, nine to twelve weeks, thirteen to nineteen | 19783 |
| weeks, or twenty weeks or more; | 19784 |
| (vii) The county in which the abortion was performed; | 19785 |
| (viii) The type of abortion procedure performed; | 19786 |
| (ix) The number of abortions previously performed on the | 19787 |
| woman on whom the abortion was performed; | 19788 |
| (x) The type of facility in which the abortion was performed; | 19789 |
| (xi) For Ohio residents, the county of residence of the woman | 19790 |
| on whom the abortion was performed. | 19791 |
| (2) The report also shall indicate the number and type of the | 19792 |
| abortion complications reported to the department either on the | 19793 |
| abortion report required under division (C) of this section or the | 19794 |
| postabortion complication report required under division (H) of | 19795 |
| this section. | 19796 |
| (3) In addition to the annual report required under division | 19797 |
| (I)(1) of this section, the department shall make available, on | 19798 |
| request, the number of abortions performed by zip code of | 19799 |
| residence. | 19800 |
| (J) The director of health shall implement this section and | 19801 |
| shall apply to the court of common pleas for temporary or | 19802 |
| permanent injunctions restraining a violation or threatened | 19803 |
| violation of its requirements. This action is an additional remedy | 19804 |
| not dependent on the adequacy of the remedy at law. | 19805 |
| Sec. 3705.242. (A)(1) The director of health, a person | 19806 |
| authorized by the director, a local commissioner of health, or a | 19807 |
| local registrar of vital statistics shall charge and collect a fee | 19808 |
| of one dollar and fifty cents for each certified copy of a birth | 19809 |
| record, each certification of birth, and each copy of a death | 19810 |
| record. The fee is in addition to the fee imposed by section | 19811 |
| 3705.24 or any other section of the Revised Code. A local | 19812 |
| commissioner of health or local registrar of vital statistics may | 19813 |
| retain an amount of each additional fee collected, not to exceed | 19814 |
| three per cent of the amount of the additional fee, to be used for | 19815 |
| costs directly related to the collection of the fee and the | 19816 |
| forwarding of the fee to the treasurer of state. The additional | 19817 |
| fees collected, but not retained, under division (A)(1) of this | 19818 |
| section shall be forwarded to the treasurer of state not later | 19819 |
| than thirty days following the end of each quarter. | 19820 |
| (2) On the filing of a divorce decree under section 3105.10 | 19821 |
| or a decree of dissolution under section 3105.65 of the Revised | 19822 |
| Code, a court of common pleas shall charge and collect a fee of | 19823 |
| five dollars and fifty cents. The fee is in addition to any other | 19824 |
| court costs or fees. The county clerk of courts may retain an | 19825 |
| amount of each additional fee collected, not to exceed three per | 19826 |
| cent of the amount of the additional fee, to be used for costs | 19827 |
| directly related to the collection of the fee and the forwarding | 19828 |
| of the fee to the treasurer of state. The additional fees | 19829 |
| collected, but not retained, under division (A)(2) of this section | 19830 |
| shall be forwarded to the treasurer of state not later than twenty | 19831 |
| days following the end of each month. | 19832 |
| (B) The | 19833 |
| 19834 | |
| 19835 | |
| of state | 19836 |
| in the state treasury to the credit of the family violence | 19837 |
| prevention fund, which is hereby created. A person or government | 19838 |
| entity that fails to forward the fees in a timely manner, as | 19839 |
| determined by the treasurer of state, shall forward to the | 19840 |
| treasurer of state, in addition to the fees, a penalty equal to | 19841 |
| ten per cent of the fees. | 19842 |
| The treasurer of state shall invest the moneys in the fund. | 19843 |
| All earnings resulting from investment of the fund shall be | 19844 |
| credited to the fund, except that actual administration costs | 19845 |
| incurred by the treasurer of state in administering the fund may | 19846 |
| be deducted from the earnings resulting from investments. The | 19847 |
| amount that may be deducted shall not exceed three per cent of the | 19848 |
| total amount of fees credited to the fund in each fiscal year. The | 19849 |
| balance of the investment earnings shall be credited to the fund. | 19850 |
| (C) The director of public safety shall use money credited to | 19851 |
| the fund to provide grants to family violence shelters in Ohio. | 19852 |
| Sec. 3718.02. (A) Not | 19853 |
| 19854 | |
| council, in accordance with Chapter 119. of the Revised Code, | 19855 |
| shall adopt, and subsequently may amend and rescind, rules of | 19856 |
| general application throughout the state to administer this | 19857 |
| chapter. Rules adopted under division (A) of this section shall do | 19858 |
| at least all of the following: | 19859 |
| (1) Require that the appropriate board of health approve or | 19860 |
| disapprove the use of a sewage treatment system if it is not | 19861 |
| connected to a sanitary sewerage system; | 19862 |
| (2) Require that a board of health conduct a site evaluation | 19863 |
| for any proposed installation of a sewage treatment system; | 19864 |
| (3) Prescribe standards for the siting, design, installation, | 19865 |
| operation, monitoring, maintenance, and abandonment of household | 19866 |
| sewage treatment systems that may be used in this state. The | 19867 |
| standards shall include at a minimum all of the following: | 19868 |
| (a) Soil absorption specifications; | 19869 |
| (b) Specifications for discharging systems that do not | 19870 |
| conflict with provisions related to the national pollutant | 19871 |
| discharge elimination system permit program established in section | 19872 |
| 6111.03 of the Revised Code and rules adopted under it; | 19873 |
| (c) Requirements for the maintenance of a system according to | 19874 |
| the manufacturer's instructions, if available; | 19875 |
| (d) Requirements and procedures under which a person may | 19876 |
| demonstrate the required maintenance of a system in lieu of having | 19877 |
| an inspection conducted when an inspection otherwise is required. | 19878 |
| The rules also shall require that a system that has been or | 19879 |
| is sited or installed prior to or on the effective date of the | 19880 |
| rules and that is operating on that date shall be deemed approved | 19881 |
| unless the system is declared to be a public health nuisance by a | 19882 |
| board of health. | 19883 |
| (4) Prescribe procedures for notification to boards of health | 19884 |
| of the approval of a sewage treatment system or components of a | 19885 |
| system by the director of health under section 3718.04 of the | 19886 |
| Revised Code; | 19887 |
| (5) Prescribe criteria and procedures under which boards of | 19888 |
| health shall issue installation and operation permits for sewage | 19889 |
| treatment systems. The rules shall require as a condition of an | 19890 |
| installation permit that the installer of a system must warrant | 19891 |
| that the system was installed in accordance with all applicable | 19892 |
| rules and design requirements. In addition, the rules shall | 19893 |
| require a board of health, not later than sixty days after the | 19894 |
| issuance of an installation permit, to certify to the director on | 19895 |
| a form provided by the director that the permit was issued. | 19896 |
| (6) Require a board of health to inspect a sewage treatment | 19897 |
| system not later than eighteen months after its installation to | 19898 |
| ensure that the system is operating properly. The rules shall | 19899 |
| require a board of health, not later than sixty days after the | 19900 |
| inspection, to certify to the director on a form provided by the | 19901 |
| director that the inspection was performed. | 19902 |
| (7) Require a board of health to register installers, service | 19903 |
| providers, and septage haulers that perform work within the health | 19904 |
| district; prescribe criteria and procedures for the registration; | 19905 |
| and prescribe criteria for a demonstration of competency as a part | 19906 |
| of the registration; | 19907 |
| (8) Prescribe requirements for the collection, | 19908 |
| transportation, disposal, and land application of domestic septage | 19909 |
| in this state from a sewage treatment system; | 19910 |
| (9) Require boards of health to maintain records that are | 19911 |
| determined necessary to ascertain compliance with this chapter and | 19912 |
| the rules adopted under it; | 19913 |
| (10) Require a board of health and the manufacturer of a | 19914 |
| sewage treatment system, when possible, to provide instructions | 19915 |
| for the operation and maintenance of the system. The rules shall | 19916 |
| authorize the instructions to be posted on the department of | 19917 |
| health's web site and the manufacturer's web site. In addition, | 19918 |
| the rules shall require a board of health and a manufacturer to | 19919 |
| provide a copy of the operation and maintenance instructions, if | 19920 |
| available, when a board of health or a manufacturer receives a | 19921 |
| written request for instructions. | 19922 |
| (11) Prescribe criteria for the provision of written evidence | 19923 |
| of compliance with rules pertaining to household sewage treatment | 19924 |
| for purposes of sections 711.05 and 711.10 of the Revised Code; | 19925 |
| (12) Prescribe minimum criteria and procedures under which | 19926 |
| boards of health may establish household sewage treatment district | 19927 |
| management programs for the purpose of providing a responsive | 19928 |
| approach toward preventing or solving sewage treatment problems | 19929 |
| resulting from household sewage treatment systems within the | 19930 |
| districts established under the program. For purposes of division | 19931 |
| (A)(12) of this section, a board of health may enter into a | 19932 |
| contract with any entity to administer a household sewage | 19933 |
| treatment district management program. | 19934 |
| (13) Prescribe standards for the siting, design, | 19935 |
| installation, operation, monitoring, maintenance, and abandonment | 19936 |
| of small flow on-site sewage treatment systems that may be used in | 19937 |
| this state. | 19938 |
| The council may adopt other rules under division (A) of this | 19939 |
| section that it determines are necessary to implement this chapter | 19940 |
| and to protect the public health and welfare. | 19941 |
| At least sixty days prior to adopting a rule under division | 19942 |
| (A) of this section, the council shall provide boards of health | 19943 |
| and any other interested parties an opportunity to comment on the | 19944 |
| rule. | 19945 |
| (B) In accordance with section 3709.20 or 3709.21 of the | 19946 |
| Revised Code, as applicable, and subject to review by and approval | 19947 |
| of the director under division (C) of section 3718.05 of the | 19948 |
| Revised Code, a board of health may adopt rules necessary for the | 19949 |
| public health providing for more stringent standards governing | 19950 |
| household sewage treatment systems, installers, service providers, | 19951 |
| or septage haulers than those established in rules of the public | 19952 |
| health council adopted under division (A) of this section. A board | 19953 |
| that intends to adopt such rules shall notify the department of | 19954 |
| health of the rules at least ninety days prior to the proposed | 19955 |
| date of adoption. The director shall approve or disapprove any | 19956 |
| such proposed rule within ninety days after receiving notice of it | 19957 |
| under this division. If the director fails to approve or | 19958 |
| disapprove a proposed rule within ninety days after receiving | 19959 |
| notice of it, the proposed rule shall be deemed approved. | 19960 |
| Sec. 3734.57. (A) The following fees are hereby levied on | 19961 |
| the transfer or disposal of solid wastes in this state: | 19962 |
| (1) One dollar per ton on and after July 1, 2003, through | 19963 |
| June 30, 2008, one-half of the proceeds of which shall be | 19964 |
| deposited in the state treasury to the credit of the hazardous | 19965 |
| waste facility management fund created in section 3734.18 of the | 19966 |
| Revised Code and one-half of the proceeds of which shall be | 19967 |
| deposited in the state treasury to the credit of the hazardous | 19968 |
| waste clean-up fund created in section 3734.28 of the Revised | 19969 |
| Code; | 19970 |
| (2) An additional one dollar per ton on and after July 1, | 19971 |
| 2003, through June 30, 2008, the proceeds of which shall be | 19972 |
| deposited in the state treasury to the credit of the solid waste | 19973 |
| fund, which is hereby created. The environmental protection agency | 19974 |
| shall use money in the solid waste fund to pay the costs of | 19975 |
| administering and enforcing the laws pertaining to solid wastes, | 19976 |
| infectious wastes, and construction and demolition debris, | 19977 |
| including, without limitation, ground water evaluations related to | 19978 |
| solid wastes, infectious wastes, and construction and demolition | 19979 |
| debris, under this chapter and Chapter 3714. of the Revised Code | 19980 |
| and any rules adopted under them, providing compliance assistance | 19981 |
| to small businesses, and paying a share of the administrative | 19982 |
| costs of the environmental protection agency pursuant to section | 19983 |
| 3745.014 of the Revised Code. | 19984 |
| (3) An additional one dollar and fifty cents per ton on and | 19985 |
| after July 1, 2005, through June 30, 2008, the proceeds of which | 19986 |
| shall be deposited in the state treasury to the credit of the | 19987 |
| environmental protection fund created in section 3745.015 of the | 19988 |
| Revised Code. | 19989 |
| In the case of solid wastes that are taken to a solid waste | 19990 |
| transfer facility located in this state prior to being transported | 19991 |
| 19992 | |
| located in this state or outside of this state, the fees levied | 19993 |
| under this division shall be collected by the owner or operator of | 19994 |
| the transfer facility as a trustee for the state. The amount of | 19995 |
| fees required to be collected under this division at such a | 19996 |
| transfer facility shall equal the total tonnage of solid wastes | 19997 |
| received at the facility multiplied by the fees levied under this | 19998 |
| division. In the case of solid wastes that are not taken to a | 19999 |
| solid waste transfer facility located in this state prior to being | 20000 |
| transported to a solid waste disposal facility, the fees shall be | 20001 |
| collected by the owner or operator of the solid waste disposal | 20002 |
| facility as a trustee for the state. The amount of fees required | 20003 |
| to be collected under this division at such a disposal facility | 20004 |
| shall equal the total tonnage of solid wastes received at the | 20005 |
| facility that was not previously taken to a solid waste transfer | 20006 |
| facility located in this state multiplied by the fees levied under | 20007 |
| this division. Fees levied under this division do not apply to | 20008 |
| materials separated from a mixed waste stream for recycling by a | 20009 |
| generator or materials removed from the solid waste stream through | 20010 |
| recycling, as "recycling" is defined in rules adopted under | 20011 |
| section 3734.02 of the Revised Code. | 20012 |
| The owner or operator of a solid waste transfer facility or | 20013 |
| disposal facility, as applicable, shall prepare and file with the | 20014 |
| director of environmental protection each month a return | 20015 |
| indicating the total tonnage of solid wastes received at the | 20016 |
| facility during that month and the total amount of the fees | 20017 |
| required to be collected under this division during that month. In | 20018 |
| addition, the owner or operator of a solid waste disposal facility | 20019 |
| shall indicate on the return the total tonnage of solid wastes | 20020 |
| received from transfer facilities located in this state during | 20021 |
| that month for which the fees were required to be collected by the | 20022 |
| transfer facilities. The monthly returns shall be filed on a form | 20023 |
| prescribed by the director. Not later than thirty days after the | 20024 |
| last day of the month to which a return applies, the owner or | 20025 |
| operator shall mail to the director the return for that month | 20026 |
| together with the fees required to be collected under this | 20027 |
| division during that month as indicated on the return. If the | 20028 |
| return is filed and the amount of the fees due is paid in a timely | 20029 |
| manner as required in this division, the owner or operator may | 20030 |
| retain a discount of three-fourths of one per cent of the total | 20031 |
| amount of the fees that are required to be paid as indicated on | 20032 |
| the return. | 20033 |
| The owner or operator may request an extension of not more | 20034 |
| than thirty days for filing the return and remitting the fees, | 20035 |
| provided that the owner or operator has submitted such a request | 20036 |
| in writing to the director together with a detailed description of | 20037 |
| why the extension is requested, the director has received the | 20038 |
| request not later than the day on which the return is required to | 20039 |
| be filed, and the director has approved the request. If the fees | 20040 |
| are not remitted within thirty days after the last day of the | 20041 |
| month to which the return applies or are not remitted by the last | 20042 |
| day of an extension approved by the director, the owner or | 20043 |
| operator shall not retain the three-fourths of one per cent | 20044 |
| discount and shall pay an additional ten per cent of the amount of | 20045 |
| the fees for each month that they are late. For purposes of | 20046 |
| calculating the late fee, the first month in which fees are late | 20047 |
| begins on the first day after the deadline has passed for timely | 20048 |
| submitting the return and fees, and one additional month shall be | 20049 |
| counted every thirty days thereafter. | 20050 |
| The owner or operator of a solid waste facility may request a | 20051 |
| refund or credit of fees levied under this division and remitted | 20052 |
| to the director that have not been paid to the owner or operator. | 20053 |
| Such a request shall be made only if the fees have not been | 20054 |
| collected by the owner or operator, have become a debt that has | 20055 |
| become worthless or uncollectable for a period of six months or | 20056 |
| more, and may be claimed as a deduction, including a deduction | 20057 |
| claimed if the owner or operator keeps accounts on an accrual | 20058 |
| basis, under the "Internal Revenue Code of 1954," 68A Stat. 50, 26 | 20059 |
| U.S.C. 166, as amended, and regulations adopted under it. Prior to | 20060 |
| making a request for a refund or credit, an owner or operator | 20061 |
| shall make reasonable efforts to collect the applicable fees. A | 20062 |
| request for a refund or credit shall not include any costs | 20063 |
| resulting from those efforts to collect unpaid fees. | 20064 |
| A request for a refund or credit of fees shall be made in | 20065 |
| writing, on a form prescribed by the director, and shall be | 20066 |
| supported by evidence that may be required in rules adopted by the | 20067 |
| director under this chapter. After reviewing the request, and if | 20068 |
| the request and evidence submitted with the request indicate that | 20069 |
| a refund or credit is warranted, the director shall grant a refund | 20070 |
| to the owner or operator or shall permit a credit to be taken by | 20071 |
| the owner or operator on a subsequent monthly return submitted by | 20072 |
| the owner or operator. The amount of a refund or credit shall not | 20073 |
| exceed an amount that is equal to ninety days' worth of fees owed | 20074 |
| to an owner or operator by a particular debtor of the owner or | 20075 |
| operator. A refund or credit shall not be granted by the director | 20076 |
| to an owner or operator more than once in any twelve-month period | 20077 |
| for fees owed to the owner or operator by a particular debtor. | 20078 |
| If, after receiving a refund or credit from the director, an | 20079 |
| owner or operator receives payment of all or part of the fees, the | 20080 |
| owner or operator shall remit the fees with the next monthly | 20081 |
| return submitted to the director together with a written | 20082 |
| explanation of the reason for the submittal. | 20083 |
| For purposes of computing the fees levied under this division | 20084 |
| or division (B) of this section, any solid waste transfer or | 20085 |
| disposal facility that does not use scales as a means of | 20086 |
| determining gate receipts shall use a conversion factor of three | 20087 |
| cubic yards per ton of solid waste or one cubic yard per ton for | 20088 |
| baled waste, as applicable. | 20089 |
| The fees levied under this division and divisions (B) and (C) | 20090 |
| of this section are in addition to all other applicable fees and | 20091 |
| taxes and shall be paid by the customer or a political subdivision | 20092 |
| to the owner or operator of a solid waste transfer or disposal | 20093 |
| facility notwithstanding the existence of any provision in a | 20094 |
| contract that the customer or a political subdivision may have | 20095 |
| with the owner or operator or with a transporter of waste to the | 20096 |
| facility that would not require or allow such payment. | 20097 |
| (B) For the purposes specified in division (G) of this | 20098 |
| section, the solid waste management policy committee of a county | 20099 |
| or joint solid waste management district may levy fees upon the | 20100 |
| following activities: | 20101 |
| (1) The disposal at a solid waste disposal facility located | 20102 |
| in the district of solid wastes generated within the district; | 20103 |
| (2) The disposal at a solid waste disposal facility within | 20104 |
| the district of solid wastes generated outside the boundaries of | 20105 |
| the district, but inside this state; | 20106 |
| (3) The disposal at a solid waste disposal facility within | 20107 |
| the district of solid wastes generated outside the boundaries of | 20108 |
| this state. | 20109 |
| The solid waste management plan of the county or joint | 20110 |
| district approved under section 3734.521 or 3734.55 of the Revised | 20111 |
| Code and any amendments to it, or the resolution adopted under | 20112 |
| this division, as appropriate, shall establish the rates of the | 20113 |
| fees levied under divisions (B)(1), (2), and (3) of this section, | 20114 |
| if any, and shall specify whether the fees are levied on the basis | 20115 |
| of tons or cubic yards as the unit of measurement. A solid waste | 20116 |
| management district that levies fees under this division on the | 20117 |
| basis of cubic yards shall do so in accordance with division (A) | 20118 |
| of this section. | 20119 |
| The fee levied under division (B)(1) of this section shall be | 20120 |
| not less than one dollar per ton nor more than two dollars per | 20121 |
| ton, the fee levied under division (B)(2) of this section shall be | 20122 |
| not less than two dollars per ton nor more than four dollars per | 20123 |
| ton, and the fee levied under division (B)(3) of this section | 20124 |
| shall be not more than the fee levied under division (B)(1) of | 20125 |
| this section. | 20126 |
| Prior to the approval of the solid waste management plan of a | 20127 |
| district under section 3734.55 of the Revised Code, the solid | 20128 |
| waste management policy committee of a district may levy fees | 20129 |
| under this division by adopting a resolution establishing the | 20130 |
| proposed amount of the fees. Upon adopting the resolution, the | 20131 |
| committee shall deliver a copy of the resolution to the board of | 20132 |
| county commissioners of each county forming the district and to | 20133 |
| the legislative authority of each municipal corporation and | 20134 |
| township under the jurisdiction of the district and shall prepare | 20135 |
| and publish the resolution and a notice of the time and location | 20136 |
| where a public hearing on the fees will be held. Upon adopting the | 20137 |
| resolution, the committee shall deliver written notice of the | 20138 |
| adoption of the resolution; of the amount of the proposed fees; | 20139 |
| and of the date, time, and location of the public hearing to the | 20140 |
| director and to the fifty industrial, commercial, or institutional | 20141 |
| generators of solid wastes within the district that generate the | 20142 |
| largest quantities of solid wastes, as determined by the | 20143 |
| committee, and to their local trade associations. The committee | 20144 |
| shall make good faith efforts to identify those generators within | 20145 |
| the district and their local trade associations, but the | 20146 |
| nonprovision of notice under this division to a particular | 20147 |
| generator or local trade association does not invalidate the | 20148 |
| proceedings under this division. The publication shall occur at | 20149 |
| least thirty days before the hearing. After the hearing, the | 20150 |
| committee may make such revisions to the proposed fees as it | 20151 |
| considers appropriate and thereafter, by resolution, shall adopt | 20152 |
| the revised fee schedule. Upon adopting the revised fee schedule, | 20153 |
| the committee shall deliver a copy of the resolution doing so to | 20154 |
| the board of county commissioners of each county forming the | 20155 |
| district and to the legislative authority of each municipal | 20156 |
| corporation and township under the jurisdiction of the district. | 20157 |
| Within sixty days after the delivery of a copy of the resolution | 20158 |
| adopting the proposed revised fees by the policy committee, each | 20159 |
| such board and legislative authority, by ordinance or resolution, | 20160 |
| shall approve or disapprove the revised fees and deliver a copy of | 20161 |
| the ordinance or resolution to the committee. If any such board or | 20162 |
| legislative authority fails to adopt and deliver to the policy | 20163 |
| committee an ordinance or resolution approving or disapproving the | 20164 |
| revised fees within sixty days after the policy committee | 20165 |
| delivered its resolution adopting the proposed revised fees, it | 20166 |
| shall be conclusively presumed that the board or legislative | 20167 |
| authority has approved the proposed revised fees. The committee | 20168 |
| shall determine if the resolution has been ratified in the same | 20169 |
| manner in which it determines if a draft solid waste management | 20170 |
| plan has been ratified under division (B) of section 3734.55 of | 20171 |
| the Revised Code. | 20172 |
| The committee may amend the schedule of fees levied pursuant | 20173 |
| to a resolution adopted and ratified under this division by | 20174 |
| adopting a resolution establishing the proposed amount of the | 20175 |
| amended fees. The committee may repeal the fees levied pursuant to | 20176 |
| such a resolution by adopting a resolution proposing to repeal | 20177 |
| them. Upon adopting such a resolution, the committee shall proceed | 20178 |
| to obtain ratification of the resolution in accordance with this | 20179 |
| division. | 20180 |
| Not later than fourteen days after declaring the new fees to | 20181 |
| be ratified or the fees to be repealed under this division, the | 20182 |
| committee shall notify by certified mail the owner or operator of | 20183 |
| each solid waste disposal facility that is required to collect the | 20184 |
| fees of the ratification and the amount of the fees or of the | 20185 |
| repeal of the fees. Collection of any fees shall commence or | 20186 |
| collection of repealed fees shall cease on the first day of the | 20187 |
| second month following the month in which notification is sent to | 20188 |
| the owner or operator. | 20189 |
| Fees levied under this division also may be established, | 20190 |
| amended, or repealed by a solid waste management policy committee | 20191 |
| through the adoption of a new district solid waste management | 20192 |
| plan, the adoption of an amended plan, or the amendment of the | 20193 |
| plan or amended plan in accordance with sections 3734.55 and | 20194 |
| 3734.56 of the Revised Code or the adoption or amendment of a | 20195 |
| district plan in connection with a change in district composition | 20196 |
| under section 3734.521 of the Revised Code. | 20197 |
| Not later than fourteen days after the director issues an | 20198 |
| order approving a district's solid waste management plan, amended | 20199 |
| plan, or amendment to a plan or amended plan that establishes, | 20200 |
| amends, or repeals a schedule of fees levied by the district, the | 20201 |
| committee shall notify by certified mail the owner or operator of | 20202 |
| each solid waste disposal facility that is required to collect the | 20203 |
| fees of the approval of the plan or amended plan, or the amendment | 20204 |
| to the plan, as appropriate, and the amount of the fees, if any. | 20205 |
| In the case of an initial or amended plan approved under section | 20206 |
| 3734.521 of the Revised Code in connection with a change in | 20207 |
| district composition, other than one involving the withdrawal of a | 20208 |
| county from a joint district, the committee, within fourteen days | 20209 |
| after the change takes effect pursuant to division (G) of that | 20210 |
| section, shall notify by certified mail the owner or operator of | 20211 |
| each solid waste disposal facility that is required to collect the | 20212 |
| fees that the change has taken effect and of the amount of the | 20213 |
| fees, if any. Collection of any fees shall commence or collection | 20214 |
| of repealed fees shall cease on the first day of the second month | 20215 |
| following the month in which notification is sent to the owner or | 20216 |
| operator. | 20217 |
| If, in the case of a change in district composition involving | 20218 |
| the withdrawal of a county from a joint district, the director | 20219 |
| completes the actions required under division (G)(1) or (3) of | 20220 |
| section 3734.521 of the Revised Code, as appropriate, forty-five | 20221 |
| days or more before the beginning of a calendar year, the policy | 20222 |
| committee of each of the districts resulting from the change that | 20223 |
| obtained the director's approval of an initial or amended plan in | 20224 |
| connection with the change, within fourteen days after the | 20225 |
| director's completion of the required actions, shall notify by | 20226 |
| certified mail the owner or operator of each solid waste disposal | 20227 |
| facility that is required to collect the district's fees that the | 20228 |
| change is to take effect on the first day of January immediately | 20229 |
| following the issuance of the notice and of the amount of the fees | 20230 |
| or amended fees levied under divisions (B)(1) to (3) of this | 20231 |
| section pursuant to the district's initial or amended plan as so | 20232 |
| approved or, if appropriate, the repeal of the district's fees by | 20233 |
| that initial or amended plan. Collection of any fees set forth in | 20234 |
| such a plan or amended plan shall commence on the first day of | 20235 |
| January immediately following the issuance of the notice. If such | 20236 |
| an initial or amended plan repeals a schedule of fees, collection | 20237 |
| of the fees shall cease on that first day of January. | 20238 |
| If, in the case of a change in district composition involving | 20239 |
| the withdrawal of a county from a joint district, the director | 20240 |
| completes the actions required under division (G)(1) or (3) of | 20241 |
| section 3734.521 of the Revised Code, as appropriate, less than | 20242 |
| forty-five days before the beginning of a calendar year, the | 20243 |
| director, on behalf of each of the districts resulting from the | 20244 |
| change that obtained the director's approval of an initial or | 20245 |
| amended plan in connection with the change proceedings, shall | 20246 |
| notify by certified mail the owner or operator of each solid waste | 20247 |
| disposal facility that is required to collect the district's fees | 20248 |
| that the change is to take effect on the first day of January | 20249 |
| immediately following the mailing of the notice and of the amount | 20250 |
| of the fees or amended fees levied under divisions (B)(1) to (3) | 20251 |
| of this section pursuant to the district's initial or amended plan | 20252 |
| as so approved or, if appropriate, the repeal of the district's | 20253 |
| fees by that initial or amended plan. Collection of any fees set | 20254 |
| forth in such a plan or amended plan shall commence on the first | 20255 |
| day of the second month following the month in which notification | 20256 |
| is sent to the owner or operator. If such an initial or amended | 20257 |
| plan repeals a schedule of fees, collection of the fees shall | 20258 |
| cease on the first day of the second month following the month in | 20259 |
| which notification is sent to the owner or operator. | 20260 |
| If the schedule of fees that a solid waste management | 20261 |
| district is levying under divisions (B)(1) to (3) of this section | 20262 |
| is amended or repealed, the fees in effect immediately prior to | 20263 |
| the amendment or repeal shall continue to be collected until | 20264 |
| collection of the amended fees commences or collection of the | 20265 |
| repealed fees ceases, as applicable, as specified in this | 20266 |
| division. In the case of a change in district composition, money | 20267 |
| so received from the collection of the fees of the former | 20268 |
| districts shall be divided among the resulting districts in | 20269 |
| accordance with division (B) of section 343.012 of the Revised | 20270 |
| Code and the agreements entered into under division (B) of section | 20271 |
| 343.01 of the Revised Code to establish the former and resulting | 20272 |
| districts and any amendments to those agreements. | 20273 |
| For the purposes of the provisions of division (B) of this | 20274 |
| section establishing the times when newly established or amended | 20275 |
| fees levied by a district are required to commence and the | 20276 |
| collection of fees that have been amended or repealed is required | 20277 |
| to cease, "fees" or "schedule of fees" includes, in addition to | 20278 |
| fees levied under divisions (B)(1) to (3) of this section, those | 20279 |
| levied under section 3734.573 or 3734.574 of the Revised Code. | 20280 |
| (C) For the purposes of defraying the added costs to a | 20281 |
| municipal corporation or township of maintaining roads and other | 20282 |
| public facilities and of providing emergency and other public | 20283 |
| services, and compensating a municipal corporation or township for | 20284 |
| reductions in real property tax revenues due to reductions in real | 20285 |
| property valuations resulting from the location and operation of a | 20286 |
| solid waste disposal facility within the municipal corporation or | 20287 |
| township, a municipal corporation or township in which such a | 20288 |
| solid waste disposal facility is located may levy a fee of not | 20289 |
| more than twenty-five cents per ton on the disposal of solid | 20290 |
| wastes at a solid waste disposal facility located within the | 20291 |
| boundaries of the municipal corporation or township regardless of | 20292 |
| where the wastes were generated. | 20293 |
| The legislative authority of a municipal corporation or | 20294 |
| township may levy fees under this division by enacting an | 20295 |
| ordinance or adopting a resolution establishing the amount of the | 20296 |
| fees. Upon so doing the legislative authority shall mail a | 20297 |
| certified copy of the ordinance or resolution to the board of | 20298 |
| county commissioners or directors of the county or joint solid | 20299 |
| waste management district in which the municipal corporation or | 20300 |
| township is located or, if a regional solid waste management | 20301 |
| authority has been formed under section 343.011 of the Revised | 20302 |
| Code, to the board of trustees of that regional authority, the | 20303 |
| owner or operator of each solid waste disposal facility in the | 20304 |
| municipal corporation or township that is required to collect the | 20305 |
| fee by the ordinance or resolution, and the director of | 20306 |
| environmental protection. Although the fees levied under this | 20307 |
| division are levied on the basis of tons as the unit of | 20308 |
| measurement, the legislative authority, in its ordinance or | 20309 |
| resolution levying the fees under this division, may direct that | 20310 |
| the fees be levied on the basis of cubic yards as the unit of | 20311 |
| measurement based upon a conversion factor of three cubic yards | 20312 |
| per ton generally or one cubic yard per ton for baled wastes. | 20313 |
| Not later than five days after enacting an ordinance or | 20314 |
| adopting a resolution under this division, the legislative | 20315 |
| authority shall so notify by certified mail the owner or operator | 20316 |
| of each solid waste disposal facility that is required to collect | 20317 |
| the fee. Collection of any fee levied on or after March 24, 1992, | 20318 |
| shall commence on the first day of the second month following the | 20319 |
| month in which notification is sent to the owner or operator. | 20320 |
| (D)(1) The fees levied under divisions (A), (B), and (C) of | 20321 |
| this section do not apply to the disposal of solid wastes that: | 20322 |
| (a) Are disposed of at a facility owned by the generator of | 20323 |
| the wastes when the solid waste facility exclusively disposes of | 20324 |
| solid wastes generated at one or more premises owned by the | 20325 |
| generator regardless of whether the facility is located on a | 20326 |
| premises where the wastes are generated; | 20327 |
| (b) Are disposed of at facilities that exclusively dispose of | 20328 |
| wastes that are generated from the combustion of coal, or from the | 20329 |
| combustion of primarily coal in combination with scrap tires, that | 20330 |
| is not combined in any way with garbage at one or more premises | 20331 |
| owned by the generator. | 20332 |
| (2) Except as provided in section 3734.571 of the Revised | 20333 |
| Code, any fees levied under division (B)(1) of this section apply | 20334 |
| to solid wastes originating outside the boundaries of a county or | 20335 |
| joint district that are covered by an agreement for the joint use | 20336 |
| of solid waste facilities entered into under section 343.02 of the | 20337 |
| Revised Code by the board of county commissioners or board of | 20338 |
| directors of the county or joint district where the wastes are | 20339 |
| generated and disposed of. | 20340 |
| (3) When solid wastes, other than solid wastes that consist | 20341 |
| of scrap tires, are burned in a disposal facility that is an | 20342 |
| incinerator or energy recovery facility, the fees levied under | 20343 |
| divisions (A), (B), and (C) of this section shall be levied upon | 20344 |
| the disposal of the fly ash and bottom ash remaining after burning | 20345 |
| of the solid wastes and shall be collected by the owner or | 20346 |
| operator of the sanitary landfill where the ash is disposed of. | 20347 |
| (4) When solid wastes are delivered to a solid waste transfer | 20348 |
| facility, the fees levied under divisions (B) and (C) of this | 20349 |
| section shall be levied upon the disposal of solid wastes | 20350 |
| transported off the premises of the transfer facility for disposal | 20351 |
| and shall be collected by the owner or operator of the solid waste | 20352 |
| disposal facility where the wastes are disposed of. | 20353 |
| (5) The fees levied under divisions (A), (B), and (C) of this | 20354 |
| section do not apply to sewage sludge that is generated by a waste | 20355 |
| water treatment facility holding a national pollutant discharge | 20356 |
| elimination system permit and that is disposed of through | 20357 |
| incineration, land application, or composting or at another | 20358 |
| resource recovery or disposal facility that is not a landfill. | 20359 |
| (6) The fees levied under divisions (A), (B), and (C) of this | 20360 |
| section do not apply to solid wastes delivered to a solid waste | 20361 |
| composting facility for processing. When any unprocessed solid | 20362 |
| waste or compost product is transported off the premises of a | 20363 |
| composting facility and disposed of at a landfill, the fees levied | 20364 |
| under divisions (A), (B), and (C) of this section shall be | 20365 |
| collected by the owner or operator of the landfill where the | 20366 |
| unprocessed waste or compost product is disposed of. | 20367 |
| (7) When solid wastes that consist of scrap tires are | 20368 |
| processed at a scrap tire recovery facility, the fees levied under | 20369 |
| divisions (A), (B), and (C) of this section shall be levied upon | 20370 |
| the disposal of the fly ash and bottom ash or other solid wastes | 20371 |
| remaining after the processing of the scrap tires and shall be | 20372 |
| collected by the owner or operator of the solid waste disposal | 20373 |
| facility where the ash or other solid wastes are disposed of. | 20374 |
| (8) The director of environmental protection may issue an | 20375 |
| order exempting from the fees levied under this section solid | 20376 |
| wastes, including, but not limited to, scrap tires, that are | 20377 |
| generated, transferred, or disposed of as a result of a contract | 20378 |
| providing for the expenditure of public funds entered into by the | 20379 |
| administrator or regional administrator of the United States | 20380 |
| environmental protection agency, the director of environmental | 20381 |
| protection, or the director of administrative services on behalf | 20382 |
| of the director of environmental protection for the purpose of | 20383 |
| remediating conditions at a hazardous waste facility, solid waste | 20384 |
| facility, or other location at which the administrator or regional | 20385 |
| administrator or the director of environmental protection has | 20386 |
| reason to believe that there is a substantial threat to public | 20387 |
| health or safety or the environment or that the conditions are | 20388 |
| causing or contributing to air or water pollution or soil | 20389 |
| contamination. An order issued by the director of environmental | 20390 |
| protection under division (D)(8) of this section shall include a | 20391 |
| determination that the amount of the fees not received by a solid | 20392 |
| waste management district as a result of the order will not | 20393 |
| adversely impact the implementation and financing of the | 20394 |
| district's approved solid waste management plan and any approved | 20395 |
| amendments to the plan. Such an order is a final action of the | 20396 |
| director of environmental protection. | 20397 |
| (E) The fees levied under divisions (B) and (C) of this | 20398 |
| section shall be collected by the owner or operator of the solid | 20399 |
| waste disposal facility where the wastes are disposed of as a | 20400 |
| trustee for the county or joint district and municipal corporation | 20401 |
| or township where the wastes are disposed of. Moneys from the fees | 20402 |
| levied under division (B) of this section shall be forwarded to | 20403 |
| the board of county commissioners or board of directors of the | 20404 |
| district in accordance with rules adopted under division (H) of | 20405 |
| this section. Moneys from the fees levied under division (C) of | 20406 |
| this section shall be forwarded to the treasurer or such other | 20407 |
| officer of the municipal corporation as, by virtue of the charter, | 20408 |
| has the duties of the treasurer or to the fiscal officer of the | 20409 |
| township, as appropriate, in accordance with those rules. | 20410 |
| (F) Moneys received by the treasurer or other officer of the | 20411 |
| municipal corporation under division (E) of this section shall be | 20412 |
| paid into the general fund of the municipal corporation. Moneys | 20413 |
| received by the fiscal officer of the township under that division | 20414 |
| shall be paid into the general fund of the township. The treasurer | 20415 |
| or other officer of the municipal corporation or the township | 20416 |
| fiscal officer, as appropriate, shall maintain separate records of | 20417 |
| the moneys received from the fees levied under division (C) of | 20418 |
| this section. | 20419 |
| (G) Moneys received by the board of county commissioners or | 20420 |
| board of directors under division (E) of this section or section | 20421 |
| 3734.571, 3734.572, 3734.573, or 3734.574 of the Revised Code | 20422 |
| shall be paid to the county treasurer, or other official acting in | 20423 |
| a similar capacity under a county charter, in a county district or | 20424 |
| to the county treasurer or other official designated by the board | 20425 |
| of directors in a joint district and kept in a separate and | 20426 |
| distinct fund to the credit of the district. If a regional solid | 20427 |
| waste management authority has been formed under section 343.011 | 20428 |
| of the Revised Code, moneys received by the board of trustees of | 20429 |
| that regional authority under division (E) of this section shall | 20430 |
| be kept by the board in a separate and distinct fund to the credit | 20431 |
| of the district. Moneys in the special fund of the county or joint | 20432 |
| district arising from the fees levied under division (B) of this | 20433 |
| section and the fee levied under division (A) of section 3734.573 | 20434 |
| of the Revised Code shall be expended by the board of county | 20435 |
| commissioners or directors of the district in accordance with the | 20436 |
| district's solid waste management plan or amended plan approved | 20437 |
| under section 3734.521, 3734.55, or 3734.56 of the Revised Code | 20438 |
| exclusively for the following purposes: | 20439 |
| (1) Preparation of the solid waste management plan of the | 20440 |
| district under section 3734.54 of the Revised Code, monitoring | 20441 |
| implementation of the plan, and conducting the periodic review and | 20442 |
| amendment of the plan required by section 3734.56 of the Revised | 20443 |
| Code by the solid waste management policy committee; | 20444 |
| (2) Implementation of the approved solid waste management | 20445 |
| plan or amended plan of the district, including, without | 20446 |
| limitation, the development and implementation of solid waste | 20447 |
| recycling or reduction programs; | 20448 |
| (3) Providing financial assistance to boards of health within | 20449 |
| the district, if solid waste facilities are located within the | 20450 |
| district, for enforcement of this chapter and rules, orders, and | 20451 |
| terms and conditions of permits, licenses, and variances adopted | 20452 |
| or issued under it, other than the hazardous waste provisions of | 20453 |
| this chapter and rules adopted and orders and terms and conditions | 20454 |
| of permits issued under those provisions; | 20455 |
| (4) Providing financial assistance to each county within the | 20456 |
| district to defray the added costs of maintaining roads and other | 20457 |
| public facilities and of providing emergency and other public | 20458 |
| services resulting from the location and operation of a solid | 20459 |
| waste facility within the county under the district's approved | 20460 |
| solid waste management plan or amended plan; | 20461 |
| (5) Pursuant to contracts entered into with boards of health | 20462 |
| within the district, if solid waste facilities contained in the | 20463 |
| district's approved plan or amended plan are located within the | 20464 |
| district, for paying the costs incurred by those boards of health | 20465 |
| for collecting and analyzing samples from public or private water | 20466 |
| wells on lands adjacent to those facilities; | 20467 |
| (6) Developing and implementing a program for the inspection | 20468 |
| of solid wastes generated outside the boundaries of this state | 20469 |
| that are disposed of at solid waste facilities included in the | 20470 |
| district's approved solid waste management plan or amended plan; | 20471 |
| (7) Providing financial assistance to boards of health within | 20472 |
| the district for the enforcement of section 3734.03 of the Revised | 20473 |
| Code or to local law enforcement agencies having jurisdiction | 20474 |
| within the district for enforcing anti-littering laws and | 20475 |
| ordinances; | 20476 |
| (8) Providing financial assistance to boards of health of | 20477 |
| health districts within the district that are on the approved list | 20478 |
| under section 3734.08 of the Revised Code to defray the costs to | 20479 |
| the health districts for the participation of their employees | 20480 |
| responsible for enforcement of the solid waste provisions of this | 20481 |
| chapter and rules adopted and orders and terms and conditions of | 20482 |
| permits, licenses, and variances issued under those provisions in | 20483 |
| the training and certification program as required by rules | 20484 |
| adopted under division (L) of section 3734.02 of the Revised Code; | 20485 |
| (9) Providing financial assistance to individual municipal | 20486 |
| corporations and townships within the district to defray their | 20487 |
| added costs of maintaining roads and other public facilities and | 20488 |
| of providing emergency and other public services resulting from | 20489 |
| the location and operation within their boundaries of a | 20490 |
| composting, energy or resource recovery, incineration, or | 20491 |
| recycling facility that either is owned by the district or is | 20492 |
| furnishing solid waste management facility or recycling services | 20493 |
| to the district pursuant to a contract or agreement with the board | 20494 |
| of county commissioners or directors of the district; | 20495 |
| (10) Payment of any expenses that are agreed to, awarded, or | 20496 |
| ordered to be paid under section 3734.35 of the Revised Code and | 20497 |
| of any administrative costs incurred pursuant to that section. In | 20498 |
| the case of a joint solid waste management district, if the board | 20499 |
| of county commissioners of one of the counties in the district is | 20500 |
| negotiating on behalf of affected communities, as defined in that | 20501 |
| section, in that county, the board shall obtain the approval of | 20502 |
| the board of directors of the district in order to expend moneys | 20503 |
| for administrative costs incurred. | 20504 |
| Prior to the approval of the district's solid waste | 20505 |
| management plan under section 3734.55 of the Revised Code, moneys | 20506 |
| in the special fund of the district arising from the fees shall be | 20507 |
| expended for those purposes in the manner prescribed by the solid | 20508 |
| waste management policy committee by resolution. | 20509 |
| Notwithstanding division (G)(6) of this section as it existed | 20510 |
| prior to October 29, 1993, or any provision in a district's solid | 20511 |
| waste management plan prepared in accordance with division | 20512 |
| (B)(2)(e) of section 3734.53 of the Revised Code as it existed | 20513 |
| prior to that date, any moneys arising from the fees levied under | 20514 |
| division (B)(3) of this section prior to January 1, 1994, may be | 20515 |
| expended for any of the purposes authorized in divisions (G)(1) to | 20516 |
| (10) of this section. | 20517 |
| (H) The director shall adopt rules in accordance with Chapter | 20518 |
| 119. of the Revised Code prescribing procedures for collecting and | 20519 |
| forwarding the fees levied under divisions (B) and (C) of this | 20520 |
| section to the boards of county commissioners or directors of | 20521 |
| county or joint solid waste management districts and to the | 20522 |
| treasurers or other officers of municipal corporations and the | 20523 |
| fiscal officers of townships. The rules also shall prescribe the | 20524 |
| dates for forwarding the fees to the boards and officials and may | 20525 |
| prescribe any other requirements the director considers necessary | 20526 |
| or appropriate to implement and administer divisions (A), (B), and | 20527 |
| (C) of this section. | 20528 |
| Sec. 3735.67. (A) The owner of real property located in a | 20529 |
| community reinvestment area and eligible for exemption from | 20530 |
| taxation under a resolution adopted pursuant to section 3735.66 of | 20531 |
| the Revised Code may file an application for an exemption from | 20532 |
| real property taxation of a percentage of the assessed valuation | 20533 |
| of a new structure or remodeling, completed after the effective | 20534 |
| date of the resolution adopted pursuant to section 3735.66 of the | 20535 |
| Revised Code, with the housing officer designated pursuant to | 20536 |
| section 3735.66 of the Revised Code for the community reinvestment | 20537 |
| area in which the property is located. If any part of the new | 20538 |
| structure or remodeling that would be exempted is of real property | 20539 |
| to be used for commercial or industrial purposes, the legislative | 20540 |
| authority and the owner of the property shall enter into a written | 20541 |
| agreement pursuant to section 3735.671 of the Revised Code prior | 20542 |
| to commencement of construction or remodeling; if such an | 20543 |
| agreement is subject to approval by the board of education of the | 20544 |
| school district within the territory of which the property is or | 20545 |
| will be located, the agreement shall not be formally approved by | 20546 |
| the legislative authority until the board of education approves | 20547 |
| the agreement in the manner prescribed by that section. | 20548 |
| (B) The housing officer shall verify the construction of the | 20549 |
| new structure or the cost of the remodeling and the facts asserted | 20550 |
| in the application. The housing officer shall determine whether | 20551 |
| the construction or the cost of the remodeling meets the | 20552 |
| requirements for an exemption under this section. In cases | 20553 |
| involving a structure of historical or architectural significance, | 20554 |
| the housing officer shall not determine whether the remodeling | 20555 |
| meets the requirements for a tax exemption unless the | 20556 |
| appropriateness of the remodeling has been certified, in writing, | 20557 |
| by the society, association, agency, or legislative authority that | 20558 |
| has designated the structure or by any organization or person | 20559 |
| authorized, in writing, by such society, association, agency, or | 20560 |
| legislative authority to certify the appropriateness of the | 20561 |
| remodeling. | 20562 |
| (C) If the construction or remodeling meets the requirements | 20563 |
| for exemption, the housing officer shall forward the application | 20564 |
| to the county auditor with a certification as to the division of | 20565 |
| this section under which the exemption is granted, and the period | 20566 |
| and percentage of the exemption as determined by the legislative | 20567 |
| authority pursuant to that division. If the construction or | 20568 |
| remodeling is of commercial or industrial property and the | 20569 |
| legislative authority is not required to certify a copy of a | 20570 |
| resolution under section 3735.671 of the Revised Code, the housing | 20571 |
| officer shall comply with the notice requirements prescribed under | 20572 |
| section 5709.83 of the Revised Code, unless the board has adopted | 20573 |
| a resolution under that section waiving its right to receive such | 20574 |
| a notice. | 20575 |
| (D) | 20576 |
| the tax exemption shall first apply in the year the construction | 20577 |
| or remodeling would first be taxable but for this section. In the | 20578 |
| case of remodeling that qualifies for exemption, a percentage, not | 20579 |
| to exceed one hundred per cent, of the amount by which the | 20580 |
| remodeling increased the assessed value of the structure shall be | 20581 |
| exempted from real property taxation. In the case of construction | 20582 |
| of a structure that qualifies for exemption, a percentage, not to | 20583 |
| exceed one hundred per cent, of the assessed value of the | 20584 |
| structure shall be exempted from real property taxation. In either | 20585 |
| case, the percentage shall be the percentage set forth in the | 20586 |
| agreement if the structure or remodeling is to be used for | 20587 |
| commercial or industrial purposes, or the percentage set forth in | 20588 |
| the resolution describing the community reinvestment area if the | 20589 |
| structure or remodeling is to be used for residential purposes. | 20590 |
| The construction of new structures and the remodeling of | 20591 |
| existing structures are hereby declared to be a public purpose for | 20592 |
| which exemptions from real property taxation may be granted for | 20593 |
| the following periods: | 20594 |
| (1) For every dwelling containing not more than two family | 20595 |
| units located within the same community reinvestment area and upon | 20596 |
| which the cost of remodeling is at least two thousand five hundred | 20597 |
| dollars, a period to be determined by the legislative authority | 20598 |
| adopting the resolution describing the community reinvestment area | 20599 |
| where the dwelling is located, but not exceeding ten years; | 20600 |
| (2) For every dwelling containing more than two units and | 20601 |
| commercial or industrial properties, located within the same | 20602 |
| community reinvestment area, upon which the cost of remodeling is | 20603 |
| at least five thousand dollars, a period to be determined by the | 20604 |
| legislative authority adopting the resolution, but not exceeding | 20605 |
| twelve years; | 20606 |
| (3) | 20607 |
| for construction of every dwelling, and commercial or industrial | 20608 |
| structure located within the same community reinvestment area, a | 20609 |
| period to be determined by the legislative authority adopting the | 20610 |
| resolution, but not exceeding fifteen years. | 20611 |
| (E) Any person, board, or officer authorized by section | 20612 |
| 5715.19 of the Revised Code to file complaints with the county | 20613 |
| board of revision may file a complaint with the housing officer | 20614 |
| challenging the continued exemption of any property granted an | 20615 |
| exemption under this section. A complaint against exemption shall | 20616 |
| be filed prior to the thirty-first day of December of the tax year | 20617 |
| for which taxation of the property is requested. The housing | 20618 |
| officer shall determine whether the property continues to meet the | 20619 |
| requirements for exemption and shall certify the housing officer's | 20620 |
| findings to the complainant. If the housing officer determines | 20621 |
| that the property does not meet the requirements for exemption, | 20622 |
| the housing officer shall notify the county auditor, who shall | 20623 |
| correct the tax list and duplicate accordingly. | 20624 |
| (F) The owner of a dwelling constructed in a community | 20625 |
| reinvestment area may file an application for an exemption after | 20626 |
| the year the construction first became subject to taxation. The | 20627 |
| application shall be processed in accordance with the procedures | 20628 |
| prescribed under this section and shall be granted if the | 20629 |
| construction that is the subject of the application otherwise | 20630 |
| meets the requirements for an exemption under this section. If | 20631 |
| approved, the exemption sought in the application first applies in | 20632 |
| the year the application is filed. An exemption approved pursuant | 20633 |
| to this division continues only for those years remaining in the | 20634 |
| period described in division (D)(3) of this section. No exemption | 20635 |
| may be claimed for any year in that period that precedes the year | 20636 |
| in which the application is filed. | 20637 |
| Sec. 3745.114. (A) A person that applies for a section 401 | 20638 |
| water quality certification under Chapter 6111. of the Revised | 20639 |
| Code and rules adopted under it shall pay an application fee of | 20640 |
| two hundred dollars at the time of application plus any of the | 20641 |
| following fees, as applicable: | 20642 |
| (1) If the water resource to be impacted is a wetland, a | 20643 |
| review fee of five hundred dollars per acre of wetland to be | 20644 |
| impacted; | 20645 |
| (2) If the water resource to be impacted is a stream one of | 20646 |
| the following fees, as applicable: | 20647 |
| (a) For an ephemeral stream, a review fee of five dollars per | 20648 |
| linear foot of stream to be impacted, or two hundred dollars, | 20649 |
| whichever is greater; | 20650 |
| (b) For an intermittent stream, a review fee of ten dollars | 20651 |
| per linear foot of stream to be impacted, or two hundred dollars, | 20652 |
| whichever is greater; | 20653 |
| (c) For a perennial stream, a review fee of fifteen dollars | 20654 |
| per linear foot of stream to be impacted, or two hundred dollars, | 20655 |
| whichever is greater. | 20656 |
| (3) If the water resource to be impacted is a lake, a review | 20657 |
| fee of three dollars per cubic yard of dredged or fill material to | 20658 |
| be moved. | 20659 |
| (B) One-half of all applicable review fees levied under this | 20660 |
| section shall be due at the time of application for a section 401 | 20661 |
| water quality certification. The remainder of the fees shall be | 20662 |
| paid upon the final disposition of the application for a section | 20663 |
| 401 water quality certification. The total fee to be paid under | 20664 |
| this section shall not exceed twenty-five thousand dollars per | 20665 |
| application. However, if the applicant is a county, township, or | 20666 |
| municipal corporation in this state, the total fee to be paid | 20667 |
| shall not exceed five thousand dollars per application. | 20668 |
| (C) All money collected under this section shall be | 20669 |
| transmitted to the treasurer of state for deposit into the state | 20670 |
| treasury to the credit of the surface water protection fund | 20671 |
| created in section 6111.038 of the Revised Code. | 20672 |
| (D) The fees established under this section do not apply to | 20673 |
| any state agency as defined in section 119.01 of the Revised Code | 20674 |
| or to the United States army corps of engineers. | 20675 |
| (E) The fees established under this section do not apply to | 20676 |
| projects that are authorized by the environmental protection | 20677 |
| agency's general certifications of nationwide permits or general | 20678 |
| permits issued by the United States army corps of engineers. As | 20679 |
| used in this division, "general permit" and "nationwide permit" | 20680 |
| have the same meanings as in rules adopted under Chapter 6111. of | 20681 |
| the Revised Code. | 20682 |
| (F) Coal mining and reclamation operations that are | 20683 |
| authorized under Chapter 1513. of the Revised Code are exempt from | 20684 |
| the fees established under this | 20685 |
| 20686 | |
| amendment. | 20687 |
| (G) As used in this section: | 20688 |
| (1) "Ephemeral stream" means a stream that flows only in | 20689 |
| direct response to precipitation in the immediate watershed or in | 20690 |
| response to the melting of a cover of snow and ice and that has | 20691 |
| channel bottom that is always above the local water table. | 20692 |
| (2) "Intermittent stream" means a stream that is below the | 20693 |
| local water table and flows for at least a part of each year and | 20694 |
| that obtains its flow from both surface runoff and ground water | 20695 |
| discharge. | 20696 |
| (3) "Perennial stream" means a stream or a part of a stream | 20697 |
| that flows continuously during all of the calendar year as a | 20698 |
| result of ground water discharge or surface water runoff. | 20699 |
| "Perennial stream" does not include an intermittent stream or an | 20700 |
| ephemeral stream. | 20701 |
| Sec. 3769.087. (A) In addition to the commission of eighteen | 20702 |
| per cent retained by each permit holder as provided in section | 20703 |
| 3769.08 of the Revised Code, each permit holder shall retain an | 20704 |
| additional amount equal to four per cent of the total of all | 20705 |
| moneys wagered on each racing day on all wagering pools other than | 20706 |
| win, place, and show, of which amount retained an amount equal to | 20707 |
| three per cent of the total of all moneys wagered on each racing | 20708 |
| day on those pools shall be paid by check, draft, or money order | 20709 |
| to the tax commissioner, as a tax. Subject to the restrictions | 20710 |
| contained in divisions (B), (C), and (M) of section 3769.08 of the | 20711 |
| Revised Code, from such additional moneys paid to the tax | 20712 |
| commissioner: | 20713 |
| (1) Four-sixths shall be allocated to fund distribution as | 20714 |
| provided in division (M) of section 3769.08 of the Revised Code. | 20715 |
| (2) One-twelfth shall be paid into the Ohio fairs fund | 20716 |
| created by section 3769.082 of the Revised Code. | 20717 |
| (3) One-twelfth of the additional moneys paid to the tax | 20718 |
| commissioner by thoroughbred racing permit holders shall be paid | 20719 |
| into the Ohio thoroughbred race fund created by section 3769.083 | 20720 |
| of the Revised Code. | 20721 |
| (4) One-twelfth of the additional moneys paid to the tax | 20722 |
| commissioner by harness horse racing permit holders shall be paid | 20723 |
| to the Ohio standardbred development fund created by section | 20724 |
| 3769.085 of the Revised Code. | 20725 |
| (5) One-twelfth of the additional moneys paid to the tax | 20726 |
| commissioner by quarter horse racing permit holders shall be paid | 20727 |
| to the Ohio quarter horse development fund created by section | 20728 |
| 3769.086 of the Revised Code. | 20729 |
| (6) One-sixth shall be paid into the state racing commission | 20730 |
| operating fund created by section 3769.03 of the Revised Code. | 20731 |
| The remaining one per cent that is retained of the total of | 20732 |
| all moneys wagered on each racing day on all pools other than win, | 20733 |
| place, and show, shall be retained by racing permit holders, and, | 20734 |
| except as otherwise provided in section 3769.089 of the Revised | 20735 |
| Code, racing permit holders shall use one-half for purse money and | 20736 |
| retain one-half. | 20737 |
| (B) In addition to the commission of eighteen per cent | 20738 |
| retained by each permit holder as provided in section 3769.08 of | 20739 |
| the Revised Code and the additional amount retained by each permit | 20740 |
| holder as provided in division (A) of this section, each permit | 20741 |
| holder shall retain an additional amount equal to one-half of one | 20742 |
| per cent of the total of all moneys wagered on each racing day on | 20743 |
| all wagering pools other than win, place, and show. Except as | 20744 |
| provided in division (C) of this section, from the additional | 20745 |
| amount retained under this division, each permit holder shall | 20746 |
| retain an amount equal to one-quarter of one per cent of the total | 20747 |
| of all moneys wagered on each racing day on all pools other than | 20748 |
| win, place, and show and shall pay that amount by check, draft, or | 20749 |
| money order to the tax commissioner, as a tax. The tax | 20750 |
| commissioner shall pay the amount of the tax received under this | 20751 |
| division to the state racing commission operating fund created by | 20752 |
| section 3769.03 of the Revised Code. | 20753 |
| Except as provided in division (C) of this section, the | 20754 |
| remaining one-quarter of one per cent that is retained from the | 20755 |
| total of all moneys wagered on each racing day on all pools other | 20756 |
| than win, place, and show shall be retained by the permit holder, | 20757 |
| and the permit holder shall use one-half for purse money and | 20758 |
| retain one-half. | 20759 |
| (C) During the period commencing on July 1, | 20760 |
| ending on and including June 30, | 20761 |
| retained by each permit holder under division (B) of this section | 20762 |
| shall be paid by check, draft, or money order to the tax | 20763 |
| commissioner, as a tax. The tax commissioner shall pay the amount | 20764 |
| of the tax received under this division to the state racing | 20765 |
| commission operating fund created by section 3769.03 of the | 20766 |
| Revised Code. | 20767 |
| Sec. 3901.383. (A) A provider and a third-party payer may do | 20768 |
| either of the following: | 20769 |
| | 20770 |
| 20771 | |
| 20772 | |
| those set forth in section 3901.381 of the Revised Code are | 20773 |
| applicable to the third-party payer in paying a claim for any | 20774 |
| amount due for health care services rendered by the provider; | 20775 |
| | 20776 |
| timing of payments by the third-party payer is not directly | 20777 |
| related to the receipt of a claim form. The contractual | 20778 |
| arrangement may include periodic interim payment arrangements, | 20779 |
| capitation payment arrangements, or other periodic payment | 20780 |
| arrangements acceptable to the provider and the third-party payer. | 20781 |
| Under a capitation payment arrangement, the third-party payer | 20782 |
| shall begin paying the capitated amounts to the beneficiary's | 20783 |
| primary care provider not later than sixty days after the date the | 20784 |
| beneficiary selects or is assigned to the provider. Under any | 20785 |
| other contractual periodic payment arrangement, the contractual | 20786 |
| agreement shall state, with specificity, the timing of payments by | 20787 |
| the third-party payer. | 20788 |
| (B) Regardless of whether a third-party payer is exempted | 20789 |
| under division (D) of section 3901.3814 from sections 3901.38 and | 20790 |
| 3901.381 to 3901.3813 of the Revised Code, a provider and the | 20791 |
| third-party payer, including a third-party payer that provides | 20792 |
| coverage under the medicaid program, shall not enter into a | 20793 |
| contractual arrangement under which time periods longer than those | 20794 |
| provided for in paragraph (c)(1) of 42 C.F.R. 447.46 are | 20795 |
| applicable to the third-party payer in paying a claim for any | 20796 |
| amount due for health care services rendered by the provider. | 20797 |
| Sec. 3901.3814. Sections 3901.38 and 3901.381 to 3901.3813 of | 20798 |
| the Revised Code do not apply to the following: | 20799 |
| (A) Policies offering coverage that is regulated under | 20800 |
| Chapters 3935. and 3937. of the Revised Code; | 20801 |
| (B) An employer's self-insurance plan and any of its | 20802 |
| administrators, as defined in section 3959.01 of the Revised Code, | 20803 |
| to the extent that federal law supersedes, preempts, prohibits, or | 20804 |
| otherwise precludes the application of any provisions of those | 20805 |
| sections to the plan and its administrators; | 20806 |
| (C) | 20807 |
| medicare advantage program operated under Title XVIII of the | 20808 |
| "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as | 20809 |
| amended; | 20810 |
| | 20811 |
| medicaid program operated under Title XIX of the "Social Security | 20812 |
| Act," except that if a federal waiver applied for under section | 20813 |
| 20814 | |
| job and family services determines that this provision can be | 20815 |
| implemented without a waiver, sections 3901.38 and 3901.381 to | 20816 |
| 3901.3813 of the Revised Code apply to claims submitted | 20817 |
| electronically or non-electronically that are made with respect to | 20818 |
| coverage of medicaid recipients by health insuring corporations | 20819 |
| licensed under Chapter 1751. of the Revised Code | 20820 |
| prompt payment requirements of 42 C.F.R. 447.46; | 20821 |
| | 20822 |
| tricare program offered by the United States department of | 20823 |
| defense. | 20824 |
| Sec. 3905.43. No person, firm, association, partnership, | 20825 |
| company, or corporation shall publish or distribute or receive and | 20826 |
| print for publication or distribution any advertising matter in | 20827 |
| which insurance business is solicited, unless such advertiser has | 20828 |
| complied with the laws of this state regulating the business of | 20829 |
| insurance | 20830 |
| 20831 |
| Sec. 3917.04. (A)(1) If any employee of a political | 20832 |
| subdivision or district of this state, or of an institution | 20833 |
| supported in
whole or in part by public funds, | 20834 |
| 20835 | |
| officer of the
political subdivision, district, or institution, | 20836 |
| 20837 | |
| from
| 20838 |
| 20839 | |
| insurer authorized to do business in the state for life, | 20840 |
| endowment, accident, health, or health and accident insurance, | 20841 |
| annuities, or hospitalization insurance, or salary savings plan, | 20842 |
| 20843 | |
| 20844 | |
| 20845 | |
| 20846 | |
| and pay | 20847 |
| endowment, accident, health, health and accident, and | 20848 |
| hospitalization insurance is offered to the employee on a group | 20849 |
| basis and also that at least ten per cent of the employees at any | 20850 |
| institution, or of any political subdivision, or in any | 20851 |
| department, agency, bureau, district, commission, or board | 20852 |
| voluntarily elect to participate in | 20853 |
| Division (A)(1) of this section does not apply to employees | 20854 |
| paid by warrant of the director of budget and management. | 20855 |
| (2) The | 20856 |
| political
subdivision, district, or institution | 20857 |
| which | 20858 |
| salary or wage
deductions
| 20859 |
| the employee in favor of the insurer and in the amount so | 20860 |
| authorized by the employee. | 20861 |
| (B)(1) The department of administrative services shall only | 20862 |
| offer employees paid by warrant of the director of budget and | 20863 |
| management voluntary supplemental benefit plans that are selected | 20864 |
| through a state-administered request for proposals process. If an | 20865 |
| employee authorizes the director of administrative services, in | 20866 |
| writing, to deduct the premium or a portion of the premium agreed | 20867 |
| to be paid by the employee to a voluntary supplemental benefit | 20868 |
| plan provider from the employee's salary or wages, the director | 20869 |
| may deduct this amount from the employee's salary or wages and pay | 20870 |
| it to the provider. Only those employees enrolled in a voluntary | 20871 |
| supplemental benefit plan on or before the effective date of this | 20872 |
| amendment may continue to participate in a plan that was not | 20873 |
| selected through a state-administered request for proposals | 20874 |
| process. | 20875 |
| (2) The director of budget and management may issue warrants | 20876 |
| covering salary or wage deductions that have been authorized by | 20877 |
| employees paid by warrant of the director in favor of the | 20878 |
| voluntary supplemental benefit plan provider in the amount | 20879 |
| authorized by those employees. | 20880 |
| Sec. 4109.01. As used in this chapter: | 20881 |
| (A) "Employ" means to permit or suffer to work. | 20882 |
| (B) "Employer" means the state, its political subdivisions, | 20883 |
| and every person who employs any individual. | 20884 |
| (C) "Enforcement official" means the director of commerce or | 20885 |
| the director's authorized representative, the superintendent of | 20886 |
| public instruction or the superintendent's authorized | 20887 |
| representative, any school attendance officer, any probation | 20888 |
| officer, the director of health or the director of health's | 20889 |
| authorized representative, and any representative of a local | 20890 |
| department of health. | 20891 |
| (D) "Minor" means any person less than eighteen years of age. | 20892 |
| (E) "Seasonal amusement or recreational establishment" means | 20893 |
| both of the following: | 20894 |
| (1) An amusement or recreational establishment that does not | 20895 |
| operate for more than seven months in any calendar year; | 20896 |
| (2) An amusement or recreational establishment whose average | 20897 |
| receipts for any six months during the preceding calendar year | 20898 |
| were not more than thirty-three and one-third per cent of its | 20899 |
| average receipts for the other six months of that calendar year. | 20900 |
| Sec. 4109.02. (A) Except as provided in division (B) of this | 20901 |
| section or in section 4109.06 of the Revised Code, no minor of | 20902 |
| compulsory school age shall be employed by any employer unless the | 20903 |
| minor presents to the employer a proper age and schooling | 20904 |
| certificate as a condition of employment. | 20905 |
| A valid certificate constitutes conclusive evidence of the | 20906 |
| age of the minor and of the employer's right to employ the minor | 20907 |
| in occupations not denied by law to minors of that age under | 20908 |
| section 4109.06 of the Revised Code or rules adopted under that | 20909 |
| section. | 20910 |
| (B) | 20911 |
| not required to provide an age and schooling certificate as a | 20912 |
|
condition
of employment | 20913 |
| | 20914 |
| vacation months after the last day of the school term in the | 20915 |
| spring and before the first day of the school term in the fall, in | 20916 |
| nonagricultural and nonhazardous employment as defined by the | 20917 |
| "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29 U.S.C.A. | 20918 |
| 201, and similar state statutes, or in other employment not | 20919 |
|
prohibited to minors age sixteen or seventeen by
law | 20920 |
| | 20921 |
| 20922 | |
| 20923 | |
| 20924 | |
| 20925 | |
| 20926 | |
| 20927 | |
| 20928 |
| | 20929 |
| 20930 | |
| 20931 | |
| 20932 |
| | 20933 |
| 20934 | |
| 20935 | |
| 20936 | |
| 20937 | |
| 20938 |
| (C) To be hired for the type of employment described in | 20939 |
| division (B) of this section, minors shall provide the employer | 20940 |
| with the following: | 20941 |
| (1) Evidence of proof of age in the same manner as proof of | 20942 |
| age is provided the superintendent of schools or chief | 20943 |
| administrative officer under division (A)(3) of section 3331.02 of | 20944 |
| the Revised Code; | 20945 |
| (2) A statement signed by the minor's parent or guardian | 20946 |
| consenting to the proposed employment. For the purposes of this | 20947 |
| section, in the absence of a parent or guardian, a person over | 20948 |
| eighteen years of age with whom the minor resides may sign the | 20949 |
| statement. | 20950 |
| | 20951 |
| 20952 | |
| 20953 | |
| 20954 | |
| 20955 |
| | 20956 |
| | 20957 |
| 20958 |
| | 20959 |
| 20960 |
| | 20961 |
| 20962 |
| | 20963 |
| 20964 | |
| 20965 | |
| 20966 |
| Sec. 4109.06. (A) This chapter does not apply to the | 20967 |
| following: | 20968 |
| (1) Minors who are students working on any properly guarded | 20969 |
| machines in the manual training department of any school when the | 20970 |
| work is performed under the personal supervision of an instructor; | 20971 |
| (2) Students participating in a vocational program approved | 20972 |
| by the Ohio department of education; | 20973 |
| (3) A minor participating in a play, pageant, or concert | 20974 |
| produced by an outdoor historical drama corporation, a | 20975 |
| professional traveling theatrical production, a professional | 20976 |
| concert tour, or a personal appearance tour as a professional | 20977 |
| motion picture star, or as an actor or performer in motion | 20978 |
| pictures or in radio or television productions in accordance with | 20979 |
| the rules adopted pursuant to division (A) of section 4109.05 of | 20980 |
| the Revised Code; | 20981 |
| (4) The participation, without remuneration of a minor and | 20982 |
| with the consent of a parent or guardian, in a performance given | 20983 |
| by a church, school, or academy, or at a concert or entertainment | 20984 |
| given solely for charitable purposes, or by a charitable or | 20985 |
| religious institution; | 20986 |
| (5) Minors who are employed by their parents in occupations | 20987 |
| other than occupations prohibited by rule adopted under this | 20988 |
| chapter; | 20989 |
| (6) Minors engaged in the delivery of newspapers to the | 20990 |
| consumer; | 20991 |
| (7) Minors who have received a high school diploma or a | 20992 |
| certificate of attendance from an accredited secondary school or a | 20993 |
| certificate of high school equivalence; | 20994 |
| (8) Minors who are currently heads of households or are | 20995 |
| parents contributing to the support of their children; | 20996 |
| (9) Minors engaged in lawn mowing, snow shoveling, and other | 20997 |
| related employment; | 20998 |
| (10) Minors employed in agricultural employment in connection | 20999 |
| with farms operated by their parents, grandparents, or guardians | 21000 |
| where they are members of the guardians' household. Minors are not | 21001 |
| exempt from this chapter if they reside in agricultural labor | 21002 |
| camps as defined in section 3733.41 of the Revised Code; | 21003 |
| (11) Students participating in a program to serve as precinct | 21004 |
| officers as authorized by section 3501.22 of the Revised Code. | 21005 |
| (B) Sections 4109.02, 4109.08, 4109.09, and 4109.11 of the | 21006 |
| Revised Code do not apply to the following: | 21007 |
| (1) Minors who work in a sheltered workshop operated by a | 21008 |
| county board of mental retardation; | 21009 |
| (2) Minors performing services for a nonprofit organization | 21010 |
| where the minor receives no compensation, except for any expenses | 21011 |
| incurred by the minor or except for meals provided to the minor; | 21012 |
| (3) Minors who are employed in agricultural employment and | 21013 |
| who do not reside in agricultural labor camps. | 21014 |
| (C) Division (D) of section 4109.07 of the Revised Code does | 21015 |
| not apply to minors who have their employment hours established as | 21016 |
| follows: | 21017 |
| (1) A minor adjudicated to be an unruly child or delinquent | 21018 |
| child who, as a result of the adjudication, is placed on probation | 21019 |
| may either file a petition in the juvenile court in whose | 21020 |
| jurisdiction the minor resides, or apply to the superintendent or | 21021 |
| to the chief administrative officer who issued the minor's age and | 21022 |
| schooling certificate pursuant to section 3331.01 of the Revised | 21023 |
| Code, alleging the restrictions on the hours of employment | 21024 |
| described in division (D) of section 4109.07 of the Revised Code | 21025 |
| will cause a substantial hardship or are not in the minor's best | 21026 |
| interests. Upon receipt of a petition or application, the court, | 21027 |
| the superintendent, or the chief administrative officer, as | 21028 |
| appropriate, shall consult with the person required to supervise | 21029 |
| the minor on probation. If after that consultation, the court, the | 21030 |
| superintendent, or the chief administrative officer finds the | 21031 |
| minor has failed to show the restrictions will result in a | 21032 |
| substantial hardship or that the restrictions are not in the | 21033 |
| minor's best interests, the court, the superintendent, or the | 21034 |
| chief administrative officer shall uphold the restrictions. If | 21035 |
| after that consultation, the court, the superintendent, or the | 21036 |
| chief administrative officer finds the minor has shown the | 21037 |
| restricted hours will cause a substantial hardship or are not in | 21038 |
| the minor's best interests, the court, the superintendent, or the | 21039 |
| chief administrative officer shall establish differing hours of | 21040 |
| employment for the minor and notify the minor and the minor's | 21041 |
| employer of those hours, which shall be binding in lieu of the | 21042 |
| restrictions on the hours of employment described in division (D) | 21043 |
| of section 4109.07 of the Revised Code. | 21044 |
| (2) Any minor to whom division (C)(1) of this section does | 21045 |
| not apply may either file a petition in the juvenile court in | 21046 |
| whose jurisdiction the person resides, or apply to the | 21047 |
| superintendent or to the chief administrative officer who issued | 21048 |
| the minor's age and schooling certificate pursuant to section | 21049 |
| 3331.01 of the Revised Code, alleging the restrictions on the | 21050 |
| hours of employment described in division (D) of section 4109.07 | 21051 |
| of the Revised Code will cause a substantial hardship or are not | 21052 |
| in the minor's best interests. | 21053 |
| If, as a result of a petition or application, the court, the | 21054 |
| superintendent, or the chief administrative officer, as | 21055 |
| appropriate, finds the minor has failed to show such restrictions | 21056 |
| will result in a substantial hardship or that the restrictions are | 21057 |
| not in the minor's best interests, the court, the superintendent, | 21058 |
| or the chief administrative officer shall uphold the restrictions. | 21059 |
| If the court, the superintendent, or the chief administrative | 21060 |
| officer finds the minor has shown the restricted hours will cause | 21061 |
| a substantial hardship or are not in the minor's best interests, | 21062 |
| the court, the superintendent, or the chief administrative officer | 21063 |
| shall establish the hours of employment for the minor and shall | 21064 |
| notify the minor and the minor's employer of those hours. | 21065 |
| (D) Section 4109.03, divisions (A) and (C) of section | 21066 |
| 4109.02, and division (B) of section 4109.08 of the Revised Code | 21067 |
| do not apply to minors who are sixteen or seventeen years of age | 21068 |
| and who are employed at a seasonal amusement or recreational | 21069 |
| establishment. | 21070 |
| (E) As used in this section, "certificate of high school | 21071 |
| equivalence" means a statement issued by the state board of | 21072 |
| education or an equivalent agency of another state that the holder | 21073 |
| of the statement has achieved the equivalent of a high school | 21074 |
| education as measured by scores obtained on the tests of general | 21075 |
| educational development published by the American council on | 21076 |
| education. | 21077 |
| Sec. 4117.01. As used in this chapter: | 21078 |
| (A) "Person," in addition to those included in division (C) | 21079 |
| of section 1.59 of the Revised Code, includes employee | 21080 |
| organizations, public employees, and public employers. | 21081 |
| (B) "Public employer" means the state or any political | 21082 |
| subdivision of the state located entirely within the state, | 21083 |
| including, without limitation, any municipal corporation with a | 21084 |
| population of at least five thousand according to the most recent | 21085 |
| federal decennial census; county; township with a population of at | 21086 |
| least five thousand in the unincorporated area of the township | 21087 |
| according to the most recent federal decennial census; school | 21088 |
| district; governing authority of a community school established | 21089 |
| under Chapter 3314. of the Revised Code; state institution of | 21090 |
| higher learning; public or special district; state agency, | 21091 |
| authority, commission, or board; or other branch of public | 21092 |
| employment. | 21093 |
| (C) "Public employee" means any person holding a position by | 21094 |
| appointment or employment in the service of a public employer, | 21095 |
| including any person working pursuant to a contract between a | 21096 |
| public employer and a private employer and over whom the national | 21097 |
| labor relations board has declined jurisdiction on the basis that | 21098 |
| the involved employees are employees of a public employer, except: | 21099 |
| (1) Persons holding elective office; | 21100 |
| (2) Employees of the general assembly and employees of any | 21101 |
| other legislative body of the public employer whose principal | 21102 |
| duties are directly related to the legislative functions of the | 21103 |
| body; | 21104 |
| (3) Employees on the staff of the governor or the chief | 21105 |
| executive of the public employer whose principal duties are | 21106 |
| directly related to the performance of the executive functions of | 21107 |
| the governor or the chief executive; | 21108 |
| (4) Persons who are members of the Ohio organized militia, | 21109 |
| while training or performing duty under section 5919.29 or 5923.12 | 21110 |
| of the Revised Code; | 21111 |
| (5) Employees of the state employment relations board; | 21112 |
| (6) Confidential employees; | 21113 |
| (7) Management level employees; | 21114 |
| (8) Employees and officers of the courts, assistants to the | 21115 |
| attorney general, assistant prosecuting attorneys, and employees | 21116 |
| of the clerks of courts who perform a judicial function; | 21117 |
| (9) Employees of a public official who act in a fiduciary | 21118 |
| capacity, appointed pursuant to section 124.11 of the Revised | 21119 |
| Code; | 21120 |
| (10) Supervisors; | 21121 |
| (11) Students whose primary purpose is educational training, | 21122 |
| including graduate assistants or associates, residents, interns, | 21123 |
| or other students working as part-time public employees less than | 21124 |
| fifty per cent of the normal year in the employee's bargaining | 21125 |
| unit; | 21126 |
| (12) Employees of county boards of election; | 21127 |
| (13) Seasonal and casual employees as determined by the state | 21128 |
| employment relations board; | 21129 |
| (14) Part-time faculty members of an institution of higher | 21130 |
| education; | 21131 |
| (15) Employees of the state personnel board of review; | 21132 |
| (16) Participants in a work activity, developmental activity, | 21133 |
| or alternative work activity under sections 5107.40 to 5107.69 of | 21134 |
| the Revised Code who perform a service for a public employer that | 21135 |
| the public employer needs but is not performed by an employee of | 21136 |
| the public employer if the participant is not engaged in paid | 21137 |
| employment or subsidized employment pursuant to the activity; | 21138 |
| (17) Employees included in the career professional service of | 21139 |
| the department of transportation under section 5501.20 of the | 21140 |
|
Revised Code | 21141 |
| | 21142 |
| 21143 |
| (D) "Employee organization" means any labor or bona fide | 21144 |
| organization in which public employees participate and that exists | 21145 |
| for the purpose, in whole or in part, of dealing with public | 21146 |
| employers concerning grievances, labor disputes, wages, hours, | 21147 |
| terms, and other conditions of employment. | 21148 |
| (E) "Exclusive representative" means the employee | 21149 |
| organization certified or recognized as an exclusive | 21150 |
| representative under section 4117.05 of the Revised Code. | 21151 |
| (F) "Supervisor" means any individual who has authority, in | 21152 |
| the interest of the public employer, to hire, transfer, suspend, | 21153 |
| lay off, recall, promote, discharge, assign, reward, or discipline | 21154 |
| other public employees; to responsibly direct them; to adjust | 21155 |
| their grievances; or to effectively recommend such action, if the | 21156 |
| exercise of that authority is not of a merely routine or clerical | 21157 |
| nature, but requires the use of independent judgment, provided | 21158 |
| that: | 21159 |
| (1) Employees of school districts who are department | 21160 |
| chairpersons or consulting teachers shall not be deemed | 21161 |
| supervisors; | 21162 |
| (2) With respect to members of a police or fire department, | 21163 |
| no person shall be deemed a supervisor except the chief of the | 21164 |
| department or those individuals who, in the absence of the chief, | 21165 |
| are authorized to exercise the authority and perform the duties of | 21166 |
| the chief of the department. Where prior to June 1, 1982, a public | 21167 |
| employer pursuant to a judicial decision, rendered in litigation | 21168 |
| to which the public employer was a party, has declined to engage | 21169 |
| in collective bargaining with members of a police or fire | 21170 |
| department on the basis that those members are supervisors, those | 21171 |
| members of a police or fire department do not have the rights | 21172 |
| specified in this chapter for the purposes of future collective | 21173 |
| bargaining. The state employment relations board shall decide all | 21174 |
| disputes concerning the application of division (F)(2) of this | 21175 |
| section. | 21176 |
| (3) With respect to faculty members of a state institution of | 21177 |
| higher education, heads of departments or divisions are | 21178 |
| supervisors; however, no other faculty member or group of faculty | 21179 |
| members is a supervisor solely because the faculty member or group | 21180 |
| of faculty members participate in decisions with respect to | 21181 |
| courses, curriculum, personnel, or other matters of academic | 21182 |
| policy; | 21183 |
| (4) No teacher as defined in section 3319.09 of the Revised | 21184 |
| Code shall be designated as a supervisor or a management level | 21185 |
| employee unless the teacher is employed under a contract governed | 21186 |
| by section 3319.01, 3319.011, or 3319.02 of the Revised Code and | 21187 |
| is assigned to a position for which a license deemed to be for | 21188 |
| administrators under state board rules is required pursuant to | 21189 |
| section 3319.22 of the Revised Code. | 21190 |
| (G) "To bargain collectively" means to perform the mutual | 21191 |
| obligation of the public employer, by its representatives, and the | 21192 |
| representatives of its employees to negotiate in good faith at | 21193 |
| reasonable times and places with respect to wages, hours, terms, | 21194 |
| and other conditions of employment and the continuation, | 21195 |
| modification, or deletion of an existing provision of a collective | 21196 |
| bargaining agreement, with the intention of reaching an agreement, | 21197 |
| or to resolve questions arising under the agreement. "To bargain | 21198 |
| collectively" includes executing a written contract incorporating | 21199 |
| the terms of any agreement reached. The obligation to bargain | 21200 |
| collectively does not mean that either party is compelled to agree | 21201 |
| to a proposal nor does it require the making of a concession. | 21202 |
| (H) "Strike" means continuous concerted action in failing to | 21203 |
| report to duty; willful absence from one's position; or stoppage | 21204 |
| of work in whole from the full, faithful, and proper performance | 21205 |
| of the duties of employment, for the purpose of inducing, | 21206 |
| influencing, or coercing a change in wages, hours, terms, and | 21207 |
| other conditions of employment. "Strike" does not include a | 21208 |
| stoppage of work by employees in good faith because of dangerous | 21209 |
| or unhealthful working conditions at the place of employment that | 21210 |
| are abnormal to the place of employment. | 21211 |
| (I) "Unauthorized strike" includes, but is not limited to, | 21212 |
| concerted action during the term or extended term of a collective | 21213 |
| bargaining agreement or during the pendency of the settlement | 21214 |
| procedures set forth in section 4117.14 of the Revised Code in | 21215 |
| failing to report to duty; willful absence from one's position; | 21216 |
| stoppage of work; slowdown, or abstinence in whole or in part from | 21217 |
| the full, faithful, and proper performance of the duties of | 21218 |
| employment for the purpose of inducing, influencing, or coercing a | 21219 |
| change in wages, hours, terms, and other conditions of employment. | 21220 |
| "Unauthorized strike" includes any such action, absence, stoppage, | 21221 |
| slowdown, or abstinence when done partially or intermittently, | 21222 |
| whether during or after the expiration of the term or extended | 21223 |
| term of a collective bargaining agreement or during or after the | 21224 |
| pendency of the settlement procedures set forth in section 4117.14 | 21225 |
| of the Revised Code. | 21226 |
| (J) "Professional employee" means any employee engaged in | 21227 |
| work that is predominantly intellectual, involving the consistent | 21228 |
| exercise of discretion and judgment in its performance and | 21229 |
| requiring knowledge of an advanced type in a field of science or | 21230 |
| learning customarily acquired by a prolonged course in an | 21231 |
| institution of higher learning or a hospital, as distinguished | 21232 |
| from a general academic education or from an apprenticeship; or an | 21233 |
| employee who has completed the courses of specialized intellectual | 21234 |
| instruction and is performing related work under the supervision | 21235 |
| of a professional person to become qualified as a professional | 21236 |
| employee. | 21237 |
| (K) "Confidential employee" means any employee who works in | 21238 |
| the personnel offices of a public employer and deals with | 21239 |
| information to be used by the public employer in collective | 21240 |
| bargaining; or any employee who works in a close continuing | 21241 |
| relationship with public officers or representatives directly | 21242 |
| participating in collective bargaining on behalf of the employer. | 21243 |
| (L) "Management level employee" means an individual who | 21244 |
| formulates policy on behalf of the public employer, who | 21245 |
| responsibly directs the implementation of policy, or who may | 21246 |
| reasonably be required on behalf of the public employer to assist | 21247 |
| in the preparation for the conduct of collective negotiations, | 21248 |
| administer collectively negotiated agreements, or have a major | 21249 |
| role in personnel administration. Assistant superintendents, | 21250 |
| principals, and assistant principals whose employment is governed | 21251 |
| by section 3319.02 of the Revised Code are management level | 21252 |
| employees. With respect to members of a faculty of a state | 21253 |
| institution of higher education, no person is a management level | 21254 |
| employee because of the person's involvement in the formulation or | 21255 |
| implementation of academic or institution policy. | 21256 |
| (M) "Wages" means hourly rates of pay, salaries, or other | 21257 |
| forms of compensation for services rendered. | 21258 |
| (N) "Member of a police department" means a person who is in | 21259 |
| the employ of a police department of a municipal corporation as a | 21260 |
| full-time regular police officer as the result of an appointment | 21261 |
| from a duly established civil service eligibility list or under | 21262 |
| section 737.15 or 737.16 of the Revised Code, a full-time deputy | 21263 |
| sheriff appointed under section 311.04 of the Revised Code, a | 21264 |
| township constable appointed under section 509.01 of the Revised | 21265 |
| Code, or a member of a township police district police department | 21266 |
| appointed under section 505.49 of the Revised Code. | 21267 |
| (O) "Members of the state highway patrol" means highway | 21268 |
| patrol troopers and radio operators appointed under section | 21269 |
| 5503.01 of the Revised Code. | 21270 |
| (P) "Member of a fire department" means a person who is in | 21271 |
| the employ of a fire department of a municipal corporation or a | 21272 |
| township as a fire cadet, full-time regular firefighter, or | 21273 |
| promoted rank as the result of an appointment from a duly | 21274 |
| established civil service eligibility list or under section | 21275 |
| 505.38, 709.012, or 737.22 of the Revised Code. | 21276 |
| (Q) "Day" means calendar day. | 21277 |
| Sec. 4123.444. (A) As used in this section and section | 21278 |
| 4123.445 of the Revised Code: | 21279 |
| (1) "Bureau of workers' compensation funds" means any fund | 21280 |
| specified in Chapter 4121., 4123., 4127., or 4131. of the Revised | 21281 |
| Code that the administrator of workers' compensation has the | 21282 |
| authority to invest, in accordance with the administrator's | 21283 |
| investment authority under section 4123.44 of the Revised Code. | 21284 |
| (2) "Investment manager" means any person with whom the | 21285 |
| administrator of workers' compensation contracts pursuant to | 21286 |
| section 4123.44 of the Revised Code to facilitate the investment | 21287 |
| of assets of bureau of workers' compensation funds. | 21288 |
| (3) "Business entity" means any person with whom an | 21289 |
| investment manager contracts for the investment of assets of | 21290 |
| bureau of workers' compensation funds. | 21291 |
| (4) "Financial or investment crime" means any criminal | 21292 |
| offense involving theft, receiving stolen property, embezzlement, | 21293 |
| forgery, fraud, passing bad checks, money laundering, drug | 21294 |
| trafficking, or any criminal offense involving money or | 21295 |
| securities, as set forth in Chapters 2909., 2911., 2913., 2915., | 21296 |
| 2921., 2923., and 2925. of the Revised Code or other law of this | 21297 |
| state, or the laws of any other state or the United States that | 21298 |
| are substantially equivalent to those offenses. | 21299 |
| (B)(1) Before entering into a contract with an investment | 21300 |
| manager to invest bureau of workers' compensation funds, the | 21301 |
| administrator shall do both of the following: | 21302 |
| (a) Request from any investment manager with whom the | 21303 |
| administrator wishes to contract for those investments a list of | 21304 |
| all employees who will be investing assets of bureau of workers' | 21305 |
| compensation funds. The list shall specify each employee's state | 21306 |
| of residence for the five years prior to the date of the | 21307 |
| administrator's request. | 21308 |
| (b) Request that the superintendent of the bureau of criminal | 21309 |
| investigation and identification conduct a criminal records check | 21310 |
| in accordance with this section and section 109.579 of the Revised | 21311 |
| Code with respect to every employee the investment manager names | 21312 |
| in that list. | 21313 |
| (2) After an investment manager enters into a contract with | 21314 |
| the administrator to invest bureau of workers' compensation funds | 21315 |
| and before an investment manager enters into a contract with a | 21316 |
| business entity to facilitate those investments, the investment | 21317 |
| manager shall request from any business entity with whom the | 21318 |
| investment manager wishes to contract to make those investments a | 21319 |
| list of all employees who will be investing assets of the bureau | 21320 |
| of workers' compensation funds. The list shall specify each | 21321 |
| employee's state of residence for the five years prior to the | 21322 |
| investment manager's request. The investment manager shall forward | 21323 |
| to the administrator the list received from the business entity. | 21324 |
| The administrator shall request the superintendent to conduct a | 21325 |
| criminal records check in accordance with this section and section | 21326 |
| 109.579 of the Revised Code with respect to every employee the | 21327 |
| business entity names in that list. Upon receipt of the results of | 21328 |
| the criminal records check, the administrator shall | 21329 |
| 21330 | |
| results were favorable or unfavorable. | 21331 |
| (3) If, after a contract has been entered into between the | 21332 |
| administrator and an investment manager or between an investment | 21333 |
| manager and a business entity for the investment of assets of | 21334 |
| bureau of workers' compensation funds, the investment manager or | 21335 |
| business entity wishes to have an employee who was not the subject | 21336 |
| of a criminal records check under division (B)(1) or (B)(2) of | 21337 |
| this section invest assets of the bureau of workers' compensation | 21338 |
| funds, that employee shall be the subject of a criminal records | 21339 |
| check pursuant to this section and section 109.579 of the Revised | 21340 |
| Code prior to handling the investment of assets of those funds. | 21341 |
| The investment manager shall submit to the administrator the name | 21342 |
| of that employee along with the employee's state of residence for | 21343 |
| the five years prior to the date in which the administrator | 21344 |
| requests the criminal records check. The administrator shall | 21345 |
| request that the superintendent conduct a criminal records check | 21346 |
| on that employee pursuant to this section and section 109.579 of | 21347 |
| the Revised Code. | 21348 |
| (C)(1) If an employee who is the subject of a criminal | 21349 |
| records check pursuant to division (B) of this section has not | 21350 |
| been a resident of this state for the five-year period immediately | 21351 |
| prior to the time the criminal records check is requested or does | 21352 |
| not provide evidence that within that five-year period the | 21353 |
| superintendent has requested information about the employee from | 21354 |
| the federal bureau of investigation in a criminal records check, | 21355 |
| the administrator shall request that the superintendent obtain | 21356 |
| information from the federal bureau of investigation as a part of | 21357 |
| the criminal records check for the employee. If the employee has | 21358 |
| been a resident of this state for at least that five-year period, | 21359 |
| the administrator may, but is not required to, request that the | 21360 |
| superintendent request and include in the criminal records check | 21361 |
| information about that employee from the federal bureau of | 21362 |
| investigation. | 21363 |
| (2) The administrator shall provide to an investment manager | 21364 |
| a copy of the form prescribed pursuant to division (C)(1) of | 21365 |
| section 109.579 of the Revised Code and a standard impression | 21366 |
| sheet for each employee for whom a criminal records check must be | 21367 |
| performed, to obtain fingerprint impressions as prescribed | 21368 |
| pursuant to division (C)(2) of section 109.579 of the Revised | 21369 |
| Code. The investment manager shall obtain the completed form and | 21370 |
| impression sheet either directly from each employee or from a | 21371 |
| business entity and shall forward the completed form and sheet to | 21372 |
| the administrator, who shall forward these forms and sheets to the | 21373 |
| superintendent. | 21374 |
| (3) Any employee who receives a copy of the form and the | 21375 |
| impression sheet pursuant to division (C)(2) of this section and | 21376 |
| who is requested to complete the form and provide a set of | 21377 |
| fingerprint impressions shall complete the form or provide all the | 21378 |
| information necessary to complete the form and shall complete the | 21379 |
| impression sheets in the manner prescribed in division (C)(2) of | 21380 |
| section 109.579 of the Revised Code. | 21381 |
| (D) For each criminal records check the administrator | 21382 |
| requests under this section, at the time the administrator makes a | 21383 |
| request the administrator shall pay to the superintendent the fee | 21384 |
| the superintendent prescribes pursuant to division (E) of section | 21385 |
| 109.579 of the Revised Code. | 21386 |
| Sec. 4301.01. (A) As used in the Revised Code: | 21387 |
| (1) "Intoxicating liquor" and "liquor" include all liquids | 21388 |
| and compounds, other than beer, containing one-half of one per | 21389 |
| cent or more of alcohol by volume which are fit to use for | 21390 |
| beverage purposes, from whatever source and by whatever process | 21391 |
| produced, by whatever name called, and whether they are medicated, | 21392 |
| proprietary, or patented. "Intoxicating liquor" and "liquor" | 21393 |
| include wine even if it contains less than four per cent of | 21394 |
| alcohol by volume, mixed beverages even if they contain less than | 21395 |
| four per cent of alcohol by volume, cider, alcohol, and all solids | 21396 |
| and confections which contain any alcohol. | 21397 |
| (2) Except as used in sections 4301.01 to 4301.20, 4301.22 to | 21398 |
| 4301.52, 4301.56, 4301.70, 4301.72, and 4303.01 to 4303.36 of the | 21399 |
| Revised Code, "sale" and "sell" include exchange, barter, gift, | 21400 |
| offer for sale, sale, distribution and delivery of any kind, and | 21401 |
| the transfer of title or possession of beer and intoxicating | 21402 |
| liquor either by constructive or actual delivery by any means or | 21403 |
| devices whatever, including the sale of beer or intoxicating | 21404 |
| liquor by means of a controlled access alcohol and beverage | 21405 |
| cabinet pursuant to section 4301.21 of the Revised Code. "Sale" | 21406 |
| and "sell" do not include the mere solicitation of orders for beer | 21407 |
| or intoxicating liquor from the holders of permits issued by the | 21408 |
| division of liquor control authorizing the sale of the beer or | 21409 |
| intoxicating liquor, but no solicitor shall solicit any such | 21410 |
| orders until the solicitor has been registered with the division | 21411 |
| pursuant to section 4303.25 of the Revised Code. | 21412 |
| (3) "Vehicle" includes all means of transportation by land, | 21413 |
| by water, or by air, and everything made use of in any way for | 21414 |
| such transportation. | 21415 |
| (B) As used in this chapter: | 21416 |
| (1) "Alcohol" means ethyl alcohol, whether rectified or | 21417 |
| diluted with water or not, whatever its origin may be, and | 21418 |
| includes synthetic ethyl alcohol. "Alcohol" does not include | 21419 |
| denatured alcohol and wood alcohol. | 21420 |
| (2) "Beer" includes all beverages brewed or fermented wholly | 21421 |
| or in part from malt products and containing one-half of one per | 21422 |
| cent or more, but not more than twelve per cent, of alcohol by | 21423 |
| volume. | 21424 |
| (3) "Wine" includes all liquids fit to use for beverage | 21425 |
| purposes containing not less than one-half of one per cent of | 21426 |
| alcohol by volume and not more than twenty-one per cent of alcohol | 21427 |
| by volume, which is made from the fermented juices of grapes, | 21428 |
| fruits, or other agricultural products, except that as used in | 21429 |
| sections 4301.13, 4301.421, 4301.422, 4301.432, and 4301.44 of the | 21430 |
| Revised Code, and, for purposes of determining the rate of the tax | 21431 |
| that applies, division (B) of section 4301.43 of the Revised Code, | 21432 |
| "wine" does not include cider. | 21433 |
| (4) "Mixed beverages," such as bottled and prepared cordials, | 21434 |
| cocktails, and highballs, are products obtained by mixing any type | 21435 |
| of whiskey, neutral spirits, brandy, gin, or other distilled | 21436 |
| spirits with, or over, carbonated or plain water, pure juices from | 21437 |
| flowers and plants, and other flavoring materials. The completed | 21438 |
| product shall contain not less than one-half of one per cent of | 21439 |
| alcohol by volume and not more than twenty-one per cent of alcohol | 21440 |
| by volume. | 21441 |
| (5) "Spirituous liquor" includes all intoxicating liquors | 21442 |
| containing more than twenty-one per cent of alcohol by volume. | 21443 |
| (6) "Sealed container" means any container having a capacity | 21444 |
| of not more than one hundred twenty-eight fluid ounces, the | 21445 |
| opening of which is closed to prevent the entrance of air. | 21446 |
| (7) "Person" includes firms and corporations. | 21447 |
| (8) "Manufacture" includes all processes by which beer or | 21448 |
| intoxicating liquor is produced, whether by distillation, | 21449 |
| rectifying, fortifying, blending, fermentation, or brewing, or in | 21450 |
| any other manner. | 21451 |
| (9) "Manufacturer" means any person engaged in the business | 21452 |
| of manufacturing beer or intoxicating liquor. | 21453 |
| (10) "Wholesale distributor" and "distributor" means a person | 21454 |
| engaged in the business of selling to retail dealers for purposes | 21455 |
| of resale. | 21456 |
| (11) "Hotel" has the same meaning as in section 3731.01 of | 21457 |
| the Revised Code, subject to the exceptions mentioned in section | 21458 |
| 3731.03 of the Revised Code. | 21459 |
| (12) "Restaurant" means a place located in a permanent | 21460 |
| building provided with space and accommodations wherein, in | 21461 |
| consideration of the payment of money, hot meals are habitually | 21462 |
| prepared, sold, and served at noon and evening, as the principal | 21463 |
| business of the place. "Restaurant" does not include pharmacies, | 21464 |
| confectionery stores, lunch stands, night clubs, and filling | 21465 |
| stations. | 21466 |
| (13) "Club" means a corporation or association of individuals | 21467 |
| organized in good faith for social, recreational, benevolent, | 21468 |
| charitable, fraternal, political, patriotic, or athletic purposes, | 21469 |
| which is the owner, lessor, or occupant of a permanent building or | 21470 |
| part of a permanent building operated solely for those purposes, | 21471 |
| membership in which entails the prepayment of regular dues, and | 21472 |
| includes the place so operated. | 21473 |
| (14) "Night club" means a place operated for profit, where | 21474 |
| food is served for consumption on the premises and one or more | 21475 |
| forms of amusement are provided or permitted for a consideration | 21476 |
| that may be in the form of a cover charge or may be included in | 21477 |
| the price of the food and beverages, or both, purchased by | 21478 |
| patrons. | 21479 |
| (15) "At retail" means for use or consumption by the | 21480 |
| purchaser and not for resale. | 21481 |
| (16) "Pharmacy" means an establishment, as defined in section | 21482 |
| 4729.01 of the Revised Code, that is under the management or | 21483 |
| control of a licensed pharmacist in accordance with section | 21484 |
| 4729.27 of the Revised Code. | 21485 |
| (17) "Enclosed shopping center" means a group of retail sales | 21486 |
| and service business establishments that face into an enclosed | 21487 |
| mall, share common ingress, egress, and parking facilities, and | 21488 |
| are situated on a tract of land that contains an area of not less | 21489 |
| than five hundred thousand square feet. "Enclosed shopping center" | 21490 |
| also includes not more than one business establishment that is | 21491 |
| located within a free-standing building on such a tract of land, | 21492 |
| so long as the sale of beer and intoxicating liquor on the tract | 21493 |
| of land was approved in an election held under former section | 21494 |
| 4301.353 of the Revised Code. | 21495 |
| (18) "Controlled access alcohol and beverage cabinet" means a | 21496 |
| closed container, either refrigerated, in whole or in part, or | 21497 |
| nonrefrigerated, access to the interior of which is restricted by | 21498 |
| means of a device that requires the use of a key, magnetic card, | 21499 |
| or similar device and from which beer, intoxicating liquor, other | 21500 |
| beverages, or food may be sold. | 21501 |
| (19) "Community facility" means either of the following: | 21502 |
| (a) Any convention, sports, or entertainment facility or | 21503 |
| complex, or any combination of these, that is used by or | 21504 |
| accessible to the general public and that is owned or operated in | 21505 |
| whole or in part by the state, a state agency, or a political | 21506 |
| subdivision of the state or that is leased from, or located on | 21507 |
| property owned by or leased from, the state, a state agency, a | 21508 |
| political subdivision of the state, or a convention facilities | 21509 |
| authority created pursuant to section 351.02 of the Revised Code; | 21510 |
| (b) An area designated as a community entertainment district | 21511 |
| pursuant to section 4301.80 of the Revised Code. | 21512 |
| (20) "Low-alcohol beverage" means any brewed or fermented | 21513 |
| malt product, or any product made from the fermented juices of | 21514 |
| grapes, fruits, or other agricultural products, that contains | 21515 |
| either no alcohol or less than one-half of one per cent of alcohol | 21516 |
| by volume. The beverages described in division (B)(20) of this | 21517 |
| section do not include a soft drink such as root beer, birch beer, | 21518 |
| or ginger beer. | 21519 |
| (21) "Cider" means all liquids fit to use for beverage | 21520 |
| purposes that contain one-half of one per cent of alcohol by | 21521 |
| volume, but not more than six per cent of alcohol by weight, and | 21522 |
| that are made through the normal alcoholic fermentation of the | 21523 |
| juice of sound, ripe apples, including, without limitation, | 21524 |
| flavored, sparkling, or carbonated cider and cider made from pure | 21525 |
| condensed apple must. | 21526 |
| (22) "Sales area or territory" means an exclusive geographic | 21527 |
| area or territory that is assigned to a particular A or B permit | 21528 |
| holder and that either has one or more political subdivisions as | 21529 |
| its boundaries or consists of an area of land with readily | 21530 |
| identifiable geographic boundaries. "Sales area or territory" does | 21531 |
| not include, however, any particular retail location in an | 21532 |
|
exclusive geographic area or territory that | 21533 |
| to another A or B permit holder before April 9, 2001. | 21534 |
| Sec. 4303.17. (A)(1) Permit D-4 may be issued to a club that | 21535 |
| has been in existence for three years or more prior to the | 21536 |
| issuance of the permit to sell beer and any intoxicating liquor to | 21537 |
| its members only, in glass or container, for consumption on the | 21538 |
| premises where sold. The fee for this permit is four hundred | 21539 |
| sixty-nine dollars. | 21540 |
| No D-4 permit shall be granted or retained until all elected | 21541 |
| officers of the organization controlling the club have filed with | 21542 |
| the division of liquor control a statement, signed under oath, | 21543 |
| certifying that the club is operated in the interest of the | 21544 |
| membership of a reputable organization, which is maintained by a | 21545 |
| dues paying membership, and setting forth the amount of initiation | 21546 |
| fee and yearly dues. | 21547 |
| 21548 | |
| 21549 | |
| 21550 | |
| 21551 | |
| 21552 |
| The roster of membership of a D-4 permit holder shall be | 21553 |
| submitted under oath on the request of the superintendent of | 21554 |
| liquor control. Any information acquired by the superintendent or | 21555 |
| the division with respect to that membership shall not be open to | 21556 |
| public inspection or examination and may be divulged by the | 21557 |
| superintendent and the division only in hearings before the liquor | 21558 |
| control commission or in a court action in which the division or | 21559 |
| the superintendent is named a party. | 21560 |
| (2) The requirement that a club shall have been in existence | 21561 |
| for three years in order to qualify for a D-4 permit does not | 21562 |
| apply to units of organizations chartered by congress or to a | 21563 |
| subsidiary unit of a national fraternal organization if the parent | 21564 |
| organization has been in existence for three years or more at the | 21565 |
| time application for a permit is made
by | 21566 |
| (B) No rule or order of the division or commission shall | 21567 |
| prohibit a charitable organization that holds a D-4 permit from | 21568 |
| selling or serving beer or intoxicating liquor under its permit in | 21569 |
| a portion of its premises merely because that portion of its | 21570 |
| premises is used at other times for the conduct of a bingo game as | 21571 |
| described in division (S)(1) of section 2915.01 of the Revised | 21572 |
| Code. However, such an organization shall not sell or serve beer | 21573 |
| or intoxicating liquor or permit beer or intoxicating liquor to be | 21574 |
| consumed or seen in the same location in its premises where a | 21575 |
| bingo game as described in division (S)(1) of section 2915.01 of | 21576 |
| the Revised Code is being conducted while the game is being | 21577 |
| conducted. As used in this division, "charitable organization" | 21578 |
| has the same meaning as in division (H) of section 2915.01 of the | 21579 |
| Revised Code. | 21580 |
| (C) Notwithstanding any contrary provision of sections | 21581 |
| 4301.32 to 4301.41, division (C)(1) of section 4303.29, and | 21582 |
| section 4305.14 of the Revised Code, the holder of a D-4 permit | 21583 |
| may transfer the location of the permit and sell beer and wine at | 21584 |
| the new location if that location is in an election precinct in | 21585 |
| which the sale of beer and wine, but not spirituous liquor, | 21586 |
| otherwise is permitted by law. | 21587 |
| Sec. 4303.181. (A) Permit D-5a may be issued either to the | 21588 |
| owner or operator of a hotel or motel that is required to be | 21589 |
| licensed under section 3731.03 of the Revised Code, that contains | 21590 |
| at least fifty rooms for registered transient guests or is owned | 21591 |
| by a state institution of higher education as defined in section | 21592 |
| 3345.011 of the Revised Code or a private college or university, | 21593 |
| and that qualifies under the other requirements of this section, | 21594 |
| or to the owner or operator of a restaurant specified under this | 21595 |
| section, to sell beer and any intoxicating liquor at retail, only | 21596 |
| by the individual drink in glass and from the container, for | 21597 |
| consumption on the premises where sold, and to registered guests | 21598 |
| in their rooms, which may be sold by means of a controlled access | 21599 |
| alcohol and beverage cabinet in accordance with division (B) of | 21600 |
| section 4301.21 of the Revised Code; and to sell the same products | 21601 |
| in the same manner and amounts not for consumption on the premises | 21602 |
| as may be sold by holders of D-1 and D-2 permits. The premises of | 21603 |
| the hotel or motel shall include a retail food establishment or a | 21604 |
| food service operation licensed pursuant to Chapter 3717. of the | 21605 |
| Revised Code that operates as a restaurant for purposes of this | 21606 |
| chapter and that is affiliated with the hotel or motel and within | 21607 |
| or contiguous to the hotel or motel, and that serves food within | 21608 |
| the hotel or motel, but the principal business of the owner or | 21609 |
| operator of the hotel or motel shall be the accommodation of | 21610 |
| transient guests. In addition to the privileges authorized in this | 21611 |
| division, the holder of a D-5a permit may exercise the same | 21612 |
| privileges as the holder of a D-5 permit. | 21613 |
| The owner or operator of a hotel, motel, or restaurant who | 21614 |
| qualified for and held a D-5a permit on August 4, 1976, may, if | 21615 |
| the owner or operator held another permit before holding a D-5a | 21616 |
| permit, either retain a D-5a permit or apply for the permit | 21617 |
| formerly held, and the division of liquor control shall issue the | 21618 |
| permit for which the owner or operator applies and formerly held, | 21619 |
| notwithstanding any quota. | 21620 |
| A D-5a permit shall not be transferred to another location. | 21621 |
| No quota restriction shall be placed on the number of D-5a permits | 21622 |
| that may be issued. | 21623 |
| The fee for this permit is two thousand three hundred | 21624 |
| forty-four dollars. | 21625 |
| (B) Permit D-5b may be issued to the owner, operator, tenant, | 21626 |
| lessee, or occupant of an enclosed shopping center to sell beer | 21627 |
| and intoxicating liquor at retail, only by the individual drink in | 21628 |
| glass and from the container, for consumption on the premises | 21629 |
| where sold; and to sell the same products in the same manner and | 21630 |
| amount not for consumption on the premises as may be sold by | 21631 |
| holders of D-1 and D-2 permits. In addition to the privileges | 21632 |
| authorized in this division, the holder of a D-5b permit may | 21633 |
| exercise the same privileges as a holder of a D-5 permit. | 21634 |
| A D-5b permit shall not be transferred to another location. | 21635 |
| One D-5b permit may be issued at an enclosed shopping center | 21636 |
| containing at least two hundred twenty-five thousand, but less | 21637 |
| than four hundred thousand, square feet of floor area. | 21638 |
| Two D-5b permits may be issued at an enclosed shopping center | 21639 |
| containing at least four hundred thousand square feet of floor | 21640 |
| area. No more than one D-5b permit may be issued at an enclosed | 21641 |
| shopping center for each additional two hundred thousand square | 21642 |
| feet of floor area or fraction of that floor area, up to a maximum | 21643 |
| of five D-5b permits for each enclosed shopping center. The number | 21644 |
| of D-5b permits that may be issued at an enclosed shopping center | 21645 |
| shall be determined by subtracting the number of D-3 and D-5 | 21646 |
| permits issued in the enclosed shopping center from the number of | 21647 |
| D-5b permits that otherwise may be issued at the enclosed shopping | 21648 |
| center under the formulas provided in this division. Except as | 21649 |
| provided in this section, no quota shall be placed on the number | 21650 |
| of D-5b permits that may be issued. Notwithstanding any quota | 21651 |
| provided in this section, the holder of any D-5b permit first | 21652 |
| issued in accordance with this section is entitled to its renewal | 21653 |
| in accordance with section 4303.271 of the Revised Code. | 21654 |
| The holder of a D-5b permit issued before April 4, 1984, | 21655 |
| whose tenancy is terminated for a cause other than nonpayment of | 21656 |
| rent, may return the D-5b permit to the division of liquor | 21657 |
| control, and the division shall cancel that permit. Upon | 21658 |
| cancellation of that permit and upon the permit holder's payment | 21659 |
| of taxes, contributions, premiums, assessments, and other debts | 21660 |
| owing or accrued upon the date of cancellation to this state and | 21661 |
| its political subdivisions and a filing with the division of a | 21662 |
| certification of that payment, the division shall issue to that | 21663 |
| person either a D-5 permit, or a D-1, a D-2, and a D-3 permit, as | 21664 |
| that person requests. The division shall issue the D-5 permit, or | 21665 |
| the D-1, D-2, and D-3 permits, even if the number of D-1, D-2, | 21666 |
| D-3, or D-5 permits currently issued in the municipal corporation | 21667 |
| or in the unincorporated area of the township where that person's | 21668 |
| proposed premises is located equals or exceeds the maximum number | 21669 |
| of such permits that can be issued in that municipal corporation | 21670 |
| or in the unincorporated area of that township under the | 21671 |
| population quota restrictions contained in section 4303.29 of the | 21672 |
| Revised Code. Any D-1, D-2, D-3, or D-5 permit so issued shall not | 21673 |
| be transferred to another location. If a D-5b permit is canceled | 21674 |
| under the provisions of this paragraph, the number of D-5b permits | 21675 |
| that may be issued at the enclosed shopping center for which the | 21676 |
| D-5b permit was issued, under the formula provided in this | 21677 |
| division, shall be reduced by one if the enclosed shopping center | 21678 |
| was entitled to more than one D-5b permit under the formula. | 21679 |
| The fee for this permit is two thousand three hundred | 21680 |
| forty-four dollars. | 21681 |
| (C) Permit D-5c may be issued to the owner or operator of a | 21682 |
| retail food establishment or a food service operation licensed | 21683 |
| pursuant to Chapter 3717. of the Revised Code that operates as a | 21684 |
| restaurant for purposes of this chapter and that qualifies under | 21685 |
| the other requirements of this section to sell beer and any | 21686 |
| intoxicating liquor at retail, only by the individual drink in | 21687 |
| glass and from the container, for consumption on the premises | 21688 |
| where sold, and to sell the same products in the same manner and | 21689 |
| amounts not for consumption on the premises as may be sold by | 21690 |
| holders of D-1 and D-2 permits. In addition to the privileges | 21691 |
| authorized in this division, the holder of a D-5c permit may | 21692 |
| exercise the same privileges as the holder of a D-5 permit. | 21693 |
| To qualify for a D-5c permit, the owner or operator of a | 21694 |
| retail food establishment or a food service operation licensed | 21695 |
| pursuant to Chapter 3717. of the Revised Code that operates as a | 21696 |
| restaurant for purposes of this chapter, shall have operated the | 21697 |
| restaurant at the proposed premises for not less than twenty-four | 21698 |
| consecutive months immediately preceding the filing of the | 21699 |
| application for the permit, have applied for a D-5 permit no later | 21700 |
| than December 31, 1988, and appear on the division's quota waiting | 21701 |
| list for not less than six months immediately preceding the filing | 21702 |
| of the application for the permit. In addition to these | 21703 |
| requirements, the proposed D-5c permit premises shall be located | 21704 |
| within a municipal corporation and further within an election | 21705 |
| precinct that, at the time of the application, has no more than | 21706 |
| twenty-five per cent of its total land area zoned for residential | 21707 |
| use. | 21708 |
| A D-5c permit shall not be transferred to another location. | 21709 |
| No quota restriction shall be placed on the number of such permits | 21710 |
| that may be issued. | 21711 |
| Any person who has held a D-5c permit for at least two years | 21712 |
| may apply for a D-5 permit, and the division of liquor control | 21713 |
| shall issue the D-5 permit notwithstanding the quota restrictions | 21714 |
| contained in section 4303.29 of the Revised Code or in any rule of | 21715 |
| the liquor control commission. | 21716 |
| The fee for this permit is one thousand five hundred | 21717 |
| sixty-three dollars. | 21718 |
| (D) Permit D-5d may be issued to the owner or operator of a | 21719 |
| retail food establishment or a food service operation licensed | 21720 |
| pursuant to Chapter 3717. of the Revised Code that operates as a | 21721 |
| restaurant for purposes of this chapter and that is located at an | 21722 |
| airport operated by a board of county commissioners pursuant to | 21723 |
| section 307.20 of the Revised Code, at an airport operated by a | 21724 |
| port authority pursuant to Chapter 4582. of the Revised Code, or | 21725 |
| at an airport operated by a regional airport authority pursuant to | 21726 |
| Chapter 308. of the Revised Code. The holder of a D-5d permit may | 21727 |
| sell beer and any intoxicating liquor at retail, only by the | 21728 |
| individual drink in glass and from the container, for consumption | 21729 |
| on the premises where sold, and may sell the same products in the | 21730 |
| same manner and amounts not for consumption on the premises where | 21731 |
| sold as may be sold by the holders of D-1 and D-2 permits. In | 21732 |
| addition to the privileges authorized in this division, the holder | 21733 |
| of a D-5d permit may exercise the same privileges as the holder of | 21734 |
| a D-5 permit. | 21735 |
| A D-5d permit shall not be transferred to another location. | 21736 |
| No quota restrictions shall be placed on the number of such | 21737 |
| permits that may be issued. | 21738 |
| The fee for this permit is two thousand three hundred | 21739 |
| forty-four dollars. | 21740 |
| (E) Permit D-5e may be issued to any nonprofit organization | 21741 |
| that is exempt from federal income taxation under the "Internal | 21742 |
| Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501(c)(3), as | 21743 |
| amended, or that is a charitable organization under any chapter of | 21744 |
| the Revised Code, and that owns or operates a riverboat that meets | 21745 |
| all of the following: | 21746 |
| (1) Is permanently docked at one location; | 21747 |
| (2) Is designated as an historical riverboat by the Ohio | 21748 |
| historical society; | 21749 |
| (3) Contains not less than fifteen hundred square feet of | 21750 |
| floor area; | 21751 |
| (4) Has a seating capacity of fifty or more persons. | 21752 |
| The holder of a D-5e permit may sell beer and intoxicating | 21753 |
| liquor at retail, only by the individual drink in glass and from | 21754 |
| the container, for consumption on the premises where sold. | 21755 |
| A D-5e permit shall not be transferred to another location. | 21756 |
| No quota restriction shall be placed on the number of such permits | 21757 |
| that may be issued. The population quota restrictions contained | 21758 |
| in section 4303.29 of the Revised Code or in any rule of the | 21759 |
| liquor control commission shall not apply to this division, and | 21760 |
| the division shall issue a D-5e permit to any applicant who meets | 21761 |
| the requirements of this division. However, the division shall not | 21762 |
| issue a D-5e permit if the permit premises or proposed permit | 21763 |
| premises are located within an area in which the sale of | 21764 |
| spirituous liquor by the glass is prohibited. | 21765 |
| The fee for this permit is one thousand two hundred nineteen | 21766 |
| dollars. | 21767 |
| (F) Permit D-5f may be issued to the owner or operator of a | 21768 |
| retail food establishment or a food service operation licensed | 21769 |
| under Chapter 3717. of the Revised Code that operates as a | 21770 |
| restaurant for purposes of this chapter and that meets all of the | 21771 |
| following: | 21772 |
| (1) It contains not less than twenty-five hundred square feet | 21773 |
| of floor area. | 21774 |
| (2) It is located on or in, or immediately adjacent to, the | 21775 |
| shoreline of, a navigable river. | 21776 |
| (3) It provides docking space for twenty-five boats. | 21777 |
| (4) It provides entertainment and recreation, provided that | 21778 |
| not less than fifty per cent of the business on the permit | 21779 |
| premises shall be preparing and serving meals for a consideration. | 21780 |
| In addition, each application for a D-5f permit shall be | 21781 |
| accompanied by a certification from the local legislative | 21782 |
| authority that the issuance of the D-5f permit is not inconsistent | 21783 |
| with that political subdivision's comprehensive development plan | 21784 |
| or other economic development goal as officially established by | 21785 |
| the local legislative authority. | 21786 |
| The holder of a D-5f permit may sell beer and intoxicating | 21787 |
| liquor at retail, only by the individual drink in glass and from | 21788 |
| the container, for consumption on the premises where sold. | 21789 |
| A D-5f permit shall not be transferred to another location. | 21790 |
| The division of liquor control shall not issue a D-5f permit | 21791 |
| if the permit premises or proposed permit premises are located | 21792 |
| within an area in which the sale of spirituous liquor by the glass | 21793 |
| is prohibited. | 21794 |
| A fee for this permit is two thousand three hundred | 21795 |
| forty-four dollars. | 21796 |
| As used in this division, "navigable river" means a river | 21797 |
| that is also a "navigable water" as defined in the "Federal Power | 21798 |
| Act," 94 Stat. 770 (1980), 16 U.S.C. 796. | 21799 |
| (G) Permit D-5g may be issued to a nonprofit corporation that | 21800 |
| is either the owner or the operator of a national professional | 21801 |
| sports museum. The holder of a D-5g permit may sell beer and any | 21802 |
| intoxicating liquor at retail, only by the individual drink in | 21803 |
| glass and from the container, for consumption on the premises | 21804 |
| where sold. The holder of a D-5g permit shall sell no beer or | 21805 |
| intoxicating liquor for consumption on the premises where sold | 21806 |
| after one a.m. A D-5g permit shall not be transferred to another | 21807 |
| location. No quota restrictions shall be placed on the number of | 21808 |
| D-5g permits that may be issued. The fee for this permit is one | 21809 |
| thousand eight hundred seventy-five dollars. | 21810 |
| (H)(1) Permit D-5h may be issued to any nonprofit | 21811 |
| organization that is exempt from federal income taxation under the | 21812 |
| "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. | 21813 |
| 501(c)(3), as amended, that owns or operates any of the following: | 21814 |
| (a) A fine arts museum, provided that the nonprofit | 21815 |
| organization has no less
than | 21816 |
| fide members possessing full membership privileges; | 21817 |
| (b) A community arts center. As used in division (H)(1)(b) of | 21818 |
| this section, "community arts center" means a facility that | 21819 |
| provides arts programming to the community in more than one arts | 21820 |
| discipline, including, but not limited to, exhibits of works of | 21821 |
| art and performances by both professional and amateur artists. | 21822 |
| (c) A community theater, provided that the nonprofit | 21823 |
| organization is a member of the Ohio arts council and the American | 21824 |
| community theatre association and has been in existence for not | 21825 |
| less than ten years. As used in division (H)(1)(c) of this | 21826 |
| section, "community theater" means a facility that contains at | 21827 |
| least one hundred fifty seats and has a primary function of | 21828 |
| presenting live theatrical performances and providing recreational | 21829 |
| opportunities to the community. | 21830 |
| (2) The holder of a D-5h permit may sell beer and any | 21831 |
| intoxicating liquor at retail, only by the individual drink in | 21832 |
| glass and from the container, for consumption on the premises | 21833 |
| where sold. The holder of a D-5h permit shall sell no beer or | 21834 |
| intoxicating liquor for consumption on the premises where sold | 21835 |
| after one a.m. A D-5h permit shall not be transferred to another | 21836 |
| location. No quota restrictions shall be placed on the number of | 21837 |
| D-5h permits that may be issued. | 21838 |
| (3) The fee for a D-5h permit is one thousand eight hundred | 21839 |
| seventy-five dollars. | 21840 |
| (I) Permit D-5i may be issued to the owner or operator of a | 21841 |
| retail food establishment or a food service operation licensed | 21842 |
| under Chapter 3717. of the Revised Code that operates as a | 21843 |
| restaurant for purposes of this chapter and that meets all of the | 21844 |
| following requirements: | 21845 |
| (1) It is located in a municipal corporation or a township | 21846 |
| with a population of one hundred thousand or less. | 21847 |
| (2) It has inside seating capacity for at least one hundred | 21848 |
| forty persons. | 21849 |
| (3) It has at least four thousand square feet of floor area. | 21850 |
| (4) It offers full-course meals, appetizers, and sandwiches. | 21851 |
| (5) Its receipts from beer and liquor sales, excluding wine | 21852 |
| sales, do not exceed twenty-five per cent of its total gross | 21853 |
| receipts. | 21854 |
| (6) It has at least one of the following characteristics: | 21855 |
| (a) The value of its real and personal property exceeds seven | 21856 |
| hundred twenty-five thousand dollars. | 21857 |
| (b) It is located on property that is owned or leased by the | 21858 |
| state or a state agency, and its owner or operator has | 21859 |
| authorization from the state or the state agency that owns or | 21860 |
| leases the property to obtain a D-5i permit. | 21861 |
| The holder of a D-5i permit shall cause an independent audit | 21862 |
| to be performed at the end of one full year of operation following | 21863 |
| issuance of the permit in order to verify the requirements of | 21864 |
| division (I)(5) of this section. The results of the independent | 21865 |
| audit shall be transmitted to the division. Upon determining that | 21866 |
| the receipts of the holder from beer and liquor sales, excluding | 21867 |
| wine sales, exceeded twenty-five per cent of its total gross | 21868 |
| receipts, the division shall suspend the permit of the permit | 21869 |
| holder under section 4301.25 of the Revised Code and may allow the | 21870 |
| permit holder to elect a forfeiture under section 4301.252 of the | 21871 |
| Revised Code. | 21872 |
| The holder of a D-5i permit may sell beer and any | 21873 |
| intoxicating liquor at retail, only by the individual drink in | 21874 |
| glass and from the container, for consumption on the premises | 21875 |
| where sold, and may sell the same products in the same manner and | 21876 |
| amounts not for consumption on the premises where sold as may be | 21877 |
| sold by the holders of D-1 and D-2 permits. The holder of a D-5i | 21878 |
| permit shall sell no beer or intoxicating liquor for consumption | 21879 |
| on the premises where sold after two-thirty a.m. In addition to | 21880 |
| the privileges authorized in this division, the holder of a D-5i | 21881 |
| permit may exercise the same privileges as the holder of a D-5 | 21882 |
| permit. | 21883 |
| A D-5i permit shall not be transferred to another location. | 21884 |
| The division of liquor control shall not renew a D-5i permit | 21885 |
| unless the retail food establishment or food service operation for | 21886 |
| which it is issued continues to meet the requirements described in | 21887 |
| divisions (I)(1) to (6) of this section. No quota restrictions | 21888 |
| shall be placed on the number of D-5i permits that may be issued. | 21889 |
| The fee for the D-5i permit is two thousand three hundred | 21890 |
| forty-four dollars. | 21891 |
| (J)(1) Permit D-5j may be issued to the owner or the operator | 21892 |
| of a retail food establishment or a food service operation | 21893 |
| licensed under Chapter 3717. of the Revised Code to sell beer and | 21894 |
| intoxicating liquor at retail, only by the individual drink in | 21895 |
| glass and from the container, for consumption on the premises | 21896 |
| where sold and to sell beer and intoxicating liquor in the same | 21897 |
| manner and amounts not for consumption on the premises where sold | 21898 |
| as may be sold by the holders of D-1 and D-2 permits. The holder | 21899 |
| of a D-5j permit may exercise the same privileges, and shall | 21900 |
| observe the same hours of operation, as the holder of a D-5 | 21901 |
| permit. | 21902 |
| (2) The D-5j permit shall be issued only within a community | 21903 |
| entertainment district that is designated under section 4301.80 of | 21904 |
| the Revised Code and that meets one of the following | 21905 |
| qualifications: | 21906 |
| (a) It is located in a municipal corporation with a | 21907 |
| population of at least one hundred thousand. | 21908 |
| (b) It is located in a municipal corporation with a | 21909 |
| population of at least twenty thousand, and either of the | 21910 |
| following applies: | 21911 |
| (i) It contains an amusement park the rides of which have | 21912 |
| been issued a permit by the department of agriculture under | 21913 |
| Chapter 1711. of the Revised Code. | 21914 |
| (ii) Not less than fifty million dollars will be invested in | 21915 |
| development and construction in the community entertainment | 21916 |
| district's area located in the municipal corporation. | 21917 |
| (c) It is located in a township with a population of at least | 21918 |
| forty thousand. | 21919 |
| (d) It is located in a municipal corporation with a | 21920 |
| population of at least ten thousand, and not less than seventy | 21921 |
| million dollars will be invested in development and construction | 21922 |
| in the community entertainment district's area located in the | 21923 |
| municipal corporation. | 21924 |
| (3) The location of a D-5j permit may be transferred only | 21925 |
| within the geographic boundaries of the community entertainment | 21926 |
| district in which it was issued and shall not be transferred | 21927 |
| outside the geographic boundaries of that district. | 21928 |
| (4) Not more than one D-5j permit shall be issued within each | 21929 |
| community entertainment district for each five acres of land | 21930 |
| located within the district. Not more than fifteen D-5j permits | 21931 |
| may be issued within a single community entertainment district. | 21932 |
| Except as otherwise provided in division (J)(4) of this section, | 21933 |
| no quota restrictions shall be placed upon the number of D-5j | 21934 |
| permits that may be issued. | 21935 |
| (5) The fee for a D-5j permit is two thousand three hundred | 21936 |
| forty-four dollars. | 21937 |
| (K)(1) Permit D-5k may be issued to any nonprofit | 21938 |
| organization that is exempt from federal income taxation under the | 21939 |
| "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. | 21940 |
| 501(c)(3), as amended, that is the owner or operator of a | 21941 |
| botanical garden recognized by the American association of | 21942 |
| botanical gardens and arboreta, and that has not less than | 21943 |
| twenty-five hundred bona fide members. | 21944 |
| (2) The holder of a D-5k permit may sell beer and any | 21945 |
| intoxicating liquor at retail, only by the individual drink in | 21946 |
| glass and from the container, on the premises where sold. | 21947 |
| (3) The holder of a D-5k permit shall sell no beer or | 21948 |
| intoxicating liquor for consumption on the premises where sold | 21949 |
| after one a.m. | 21950 |
| (4) A D-5k permit shall not be transferred to another | 21951 |
| location. | 21952 |
| (5) No quota restrictions shall be placed on the number of | 21953 |
| D-5k permits that may be issued. | 21954 |
| (6) The fee for the D-5k permit is one thousand eight hundred | 21955 |
| seventy-five dollars. | 21956 |
| Sec. 4303.182. (A) Except as otherwise provided in divisions | 21957 |
|
(B) to
| 21958 |
| holder of an A-1-A, A-2, C-2, D-2, D-3, D-3a, D-4, D-4a, D-5, | 21959 |
| D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k, | 21960 |
| or D-7 permit to allow sale under that permit between the hours of | 21961 |
| ten a.m. and midnight, or between the hours of one p.m. and | 21962 |
| midnight, on Sunday, as applicable, if that sale has been | 21963 |
| authorized under section 4301.361, 4301.364, 4301.365, or 4301.366 | 21964 |
| of the Revised Code and under the restrictions of that | 21965 |
| authorization. | 21966 |
| (B) Permit D-6 shall be issued to the holder of any permit, | 21967 |
| including a D-4a and D-5d permit, authorizing the sale of | 21968 |
| intoxicating liquor issued for a premises located at any publicly | 21969 |
| owned airport, as defined in section 4563.01 of the Revised Code, | 21970 |
| at which commercial airline companies operate regularly scheduled | 21971 |
| flights on which space is available to the public, to allow sale | 21972 |
| under such permit between the hours of ten a.m. and midnight on | 21973 |
| Sunday, whether or not that sale has been authorized under section | 21974 |
| 4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code. | 21975 |
| (C) Permit D-6 shall be issued to the holder of a D-5a | 21976 |
| permit, and to the holder of a D-3 or D-3a permit who is the owner | 21977 |
| or operator of a hotel or motel that is required to be licensed | 21978 |
| under section 3731.03 of the Revised Code, that contains at least | 21979 |
| fifty rooms for registered transient guests, and that has on its | 21980 |
| premises a retail food establishment or a food service operation | 21981 |
| licensed pursuant to Chapter 3717. of the Revised Code that | 21982 |
| operates as a restaurant for purposes of this chapter and is | 21983 |
| affiliated with the hotel or motel and within or contiguous to the | 21984 |
| hotel or motel and serving food within the hotel or motel, to | 21985 |
| allow sale under such permit between the hours of ten a.m. and | 21986 |
| midnight on Sunday, whether or not that sale has been authorized | 21987 |
| under section 4301.361, 4301.364, 4301.365, or 4301.366 of the | 21988 |
| Revised Code. | 21989 |
| (D) The holder of a D-6 permit that is issued to a sports | 21990 |
| facility may make sales under the permit between the hours of | 21991 |
| eleven a.m. and midnight on any Sunday on which a professional | 21992 |
| baseball, basketball, football, hockey, or soccer game is being | 21993 |
| played at the sports facility. As used in this division, "sports | 21994 |
| facility" means a stadium or arena that has a seating capacity of | 21995 |
| at least four thousand and that is owned or leased by a | 21996 |
| professional baseball, basketball, football, hockey, or soccer | 21997 |
| franchise or any combination of those franchises. | 21998 |
| (E) Permit D-6 shall be issued to the holder of any permit | 21999 |
| that authorizes the sale of beer or intoxicating liquor and that | 22000 |
| is issued to a premises located in or at the Ohio historical | 22001 |
| society area or the state fairgrounds, as defined in division (B) | 22002 |
| of section 4301.40 of the Revised Code, to allow sale under that | 22003 |
| permit between the hours of ten a.m. and midnight on Sunday, | 22004 |
| whether or not that sale has been authorized under section | 22005 |
| 4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code. | 22006 |
| (F) Permit D-6 shall be issued to the holder of any permit | 22007 |
| that authorizes the sale of intoxicating liquor and that is issued | 22008 |
| to an outdoor performing arts center to allow sale under that | 22009 |
| permit between the hours of one p.m. and midnight on Sunday, | 22010 |
| whether or not that sale has been authorized under section | 22011 |
| 4301.361 of the Revised Code. A D-6 permit issued under this | 22012 |
| division is subject to the results of an election, held after the | 22013 |
| D-6 permit is issued, on question (B)(4) as set forth in section | 22014 |
| 4301.351 of the Revised Code. Following the end of the period | 22015 |
| during which an election may be held on question (B)(4) as set | 22016 |
| forth in that section, sales of intoxicating liquor may continue | 22017 |
| at an outdoor performing arts center under a D-6 permit issued | 22018 |
| under this division, unless an election on that question is held | 22019 |
| during the permitted period and a majority of the voters voting in | 22020 |
| the precinct on that question vote "no." | 22021 |
| As used in this division, "outdoor performing arts center" | 22022 |
| means an outdoor performing arts center that is located on not | 22023 |
| less than eight hundred acres of land and that is open for | 22024 |
| performances from the first day of April to the last day of | 22025 |
| October of each year. | 22026 |
| (G) Permit D-6 shall be issued to the holder of any permit | 22027 |
| that authorizes the sale of beer or intoxicating liquor and that | 22028 |
| is issued to a golf course owned by the state, a conservancy | 22029 |
| district, a park district created under Chapter 1545. of the | 22030 |
| Revised Code, or another political subdivision to allow sale under | 22031 |
| that permit between the hours of ten a.m. and midnight on Sunday, | 22032 |
| whether or not that sale has been authorized under section | 22033 |
| 4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code. | 22034 |
| (H) Permit D-6 shall be issued to the holder of a D-5g permit | 22035 |
| to allow sale under that permit between the hours of ten a.m. and | 22036 |
| midnight on Sunday, whether or not that sale has been authorized | 22037 |
| under section 4301.361, 4301.364, 4301.365, or 4301.366 of the | 22038 |
| Revised Code. | 22039 |
| (I) Permit D-6 shall be issued to the holder of any D permit | 22040 |
| for a premises that is licensed under Chapter 3717. of the Revised | 22041 |
| Code and that is located at a ski area to allow sale under the D-6 | 22042 |
| permit between the hours of ten a.m. and midnight on Sunday, | 22043 |
| whether or not that sale has been authorized under section | 22044 |
| 4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code. | 22045 |
| As used in this division, "ski area" means a ski area as | 22046 |
| defined in section 4169.01 of the Revised Code, provided that the | 22047 |
| passenger tramway operator at that area is registered under | 22048 |
| section 4169.03 of the Revised Code. | 22049 |
| (J) Permit D-6 shall be issued to the holder of a D-5j permit | 22050 |
| for a permit premises that is located in a community entertainment | 22051 |
| district, as defined in section 4301.80 of the Revised Code, that | 22052 |
| was approved by the legislative authority of a municipal | 22053 |
| corporation under that section between October 1 and October 15, | 22054 |
| 2005, to allow sale under the permit between the hours of ten a.m. | 22055 |
| and midnight on Sunday, whether or not that sale has been | 22056 |
| authorized under section 4301.361, 4301.364, 4301.365, or 4301.366 | 22057 |
| of the Revised Code. | 22058 |
| (K) If the restriction to licensed premises where the sale of | 22059 |
| food and other goods and services exceeds fifty per cent of the | 22060 |
| total gross receipts of the permit holder at the premises is | 22061 |
| applicable, the division of liquor control may accept an affidavit | 22062 |
| from the permit holder to show the proportion of the permit | 22063 |
| holder's gross receipts derived from the sale of food and other | 22064 |
| goods and services. If the liquor control commission determines | 22065 |
| that affidavit to have been false, it shall revoke the permits of | 22066 |
| the permit holder at the premises concerned. | 22067 |
| | 22068 |
| when it is issued to the holder of an A-1-A, A-2, D-2, D-3, D-3a, | 22069 |
| D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, | 22070 |
| D-5i, D-5j, D-5k, or D-7 permit. The fee for the D-6 permit is | 22071 |
| four hundred dollars when it is issued to the holder of a C-2 | 22072 |
| permit. | 22073 |
| Sec. 4303.207. (A) As used in this section: | 22074 |
| (1) "Nonprofit organization" means any unincorporated | 22075 |
| association or nonprofit corporation that is not formed for the | 22076 |
| pecuniary gain or profit of, and whose net earnings or any part of | 22077 |
| whose net earnings is not distributable to, its members, trustees, | 22078 |
| directors, officers, or other private persons. | 22079 |
| (2) "Qualified golf event" means a golf tournament or other | 22080 |
| golf competition event that meets all of the following | 22081 |
| requirements: | 22082 |
| (a) It is hosted by the nonprofit organization to which an | 22083 |
| F-7 permit is issued. | 22084 |
| (b) It is sanctioned by a recognized national golf | 22085 |
| organization. | 22086 |
| (c) It includes the sale of food for consumption on the | 22087 |
| premises for which an F-7 permit is issued. | 22088 |
| (d) Contributions to charity are made from the proceeds of | 22089 |
| the event that equal in the aggregate at least two hundred | 22090 |
| thousand dollars. | 22091 |
| (3) "Recognized national golf organization" means any of the | 22092 |
| following: | 22093 |
| (a) The United States golf association; | 22094 |
| (b) The professional golf association of America (PGA); | 22095 |
| (c) The PGA tour, including the champions tour and the | 22096 |
| nationwide tour; | 22097 |
| (d) The LPGA tour; | 22098 |
| (e) The successors of any organization listed in divisions | 22099 |
| (A)(3)(a) to (d) of this section. | 22100 |
| (B) An F-7 permit may be issued to a nonprofit organization | 22101 |
| to sell beer, wine, mixed beverages, and spirituous liquor by the | 22102 |
| individual drink at a qualified golf event being held on premises | 22103 |
| located in a political subdivision or part of a political | 22104 |
| subdivision where the sale of beer, wine, mixed beverages, and | 22105 |
| spirituous liquor is otherwise permitted by law on that day, if | 22106 |
| both of the following requirements are met: | 22107 |
| (1) The superintendent of liquor control is satisfied that | 22108 |
| the organization is a nonprofit organization. For this purpose, | 22109 |
| the superintendent may accept as proof a sworn statement by the | 22110 |
| president or other chief executive officer of the applicant | 22111 |
| organization. | 22112 |
| (2) The superintendent is satisfied that the event for which | 22113 |
| the F-7 permit is sought to be issued is a qualified golf event. | 22114 |
| For this purpose, the superintendent may accept as proof a sworn | 22115 |
| statement by the president or other chief executive officer of the | 22116 |
| applicant organization. | 22117 |
| (C) The premises for which the F-7 permit is issued shall | 22118 |
| meet all of the following requirements: | 22119 |
| (1) Be owned or leased by the nonprofit organization to which | 22120 |
| the F-7 permit issued; | 22121 |
| (2) Be limited to areas in which the qualified golf event is | 22122 |
| conducted and to other areas that are contiguous to those areas in | 22123 |
| which the qualified golf event is conducted, which areas are | 22124 |
| specifically designated for food and beverage consumption and | 22125 |
| hospitality for the qualified golf event; | 22126 |
| (3) Be clearly defined; | 22127 |
| (4) Be sufficiently restricted to allow proper supervision of | 22128 |
| use of the permit by state and local law enforcement personnel. | 22129 |
| (D) A nonprofit organization to which an F-7 permit is issued | 22130 |
| shall be held responsible for any conduct that violates the laws | 22131 |
| pertaining to the sale of beer, wine, mixed beverages, or | 22132 |
| spirituous liquor. | 22133 |
| (E) The division of liquor control shall prepare and make | 22134 |
| available an F-7 permit application form and may require | 22135 |
| applicants for the permit to provide information that, in addition | 22136 |
| to the information required by this section, is necessary for the | 22137 |
| administration of this section. | 22138 |
| (F) An F-7 permit shall be effective for a period not to | 22139 |
| exceed eight consecutive days. The division of liquor control | 22140 |
| shall not issue more than two F-7 permits per calendar year to the | 22141 |
| same nonprofit organization. The fee for an F-7 permit is four | 22142 |
| hundred fifty dollars. | 22143 |
| Sec. 4303.29. (A) No permit, other than an H permit, shall | 22144 |
| be issued to a firm or partnership unless all the members of the | 22145 |
| firm or partnership are citizens of the United States and a | 22146 |
| majority have resided in this state for one year prior to | 22147 |
| application for the permit. No permit, other than an H permit, | 22148 |
| shall be issued to an individual who is not a citizen of the | 22149 |
| United States who has resided in this state for at least one year | 22150 |
| prior to application for the permit. No permit, other than an E or | 22151 |
| H permit, shall be issued to any corporation organized under the | 22152 |
| laws of any country, territory, or state other than this state | 22153 |
| until it has furnished the division of liquor control with | 22154 |
| evidence that it has complied with the laws of this state relating | 22155 |
| to the transaction of business in this state. | 22156 |
| The division may refuse to issue any permit to or refuse to | 22157 |
| renew any permit of any person convicted of any felony that is | 22158 |
| reasonably related to the person's fitness to operate a liquor | 22159 |
| permit business in this state. No holder of a permit shall sell, | 22160 |
| assign, transfer, or pledge the permit without the written consent | 22161 |
| of the division. | 22162 |
| (B)(1) No more than one of each type of C or D permit shall | 22163 |
| be issued to any one person, firm, or corporation in any county | 22164 |
| having a population of less than twenty-five thousand, and no more | 22165 |
| than one of each type of C or D permit shall be issued to any one | 22166 |
| person, firm, or corporation for any additional twenty-five | 22167 |
| thousand or major fraction thereof in any county having a greater | 22168 |
| population than twenty-five thousand, provided that, in the case | 22169 |
| of D-3, D-3a, D-4, and D-5 permits, no more than one permit shall | 22170 |
| be issued to any one person, firm, or corporation in any county | 22171 |
| having a population of less than fifty thousand, and no more than | 22172 |
| one such permit shall be issued to any one person, firm, or | 22173 |
| corporation for any additional fifty thousand or major fraction | 22174 |
| thereof in any county having a greater population than fifty | 22175 |
| thousand. | 22176 |
| (2) No D-3 permit shall be issued to any club unless the club | 22177 |
| has been continuously engaged in the activity specified in section | 22178 |
| 4303.15 of the Revised Code, as a qualification for that class of | 22179 |
| permit, for two years at the time the permit is issued. | 22180 |
| (3)(a) Subject to division (B)(3)(b) of this section, upon | 22181 |
| application by properly qualified persons, one C-1 and C-2 permit | 22182 |
| shall be issued for each one thousand population or part of that | 22183 |
| population, and one D-1 and D-2 permit shall be issued for each | 22184 |
| two thousand population or part of that population, in each | 22185 |
| municipal corporation and in the unincorporated area of each | 22186 |
| township. | 22187 |
| Subject to division (B)(3)(b) of this section, not more than | 22188 |
| one D-3, D-4, or D-5 permit shall be issued for each two thousand | 22189 |
| population or part of that population in any municipal corporation | 22190 |
| and in the unincorporated area of any township, except that, in | 22191 |
| any city of a population of fifty-five thousand or more, one D-3 | 22192 |
| permit may be issued for each fifteen hundred population or part | 22193 |
| of that population. | 22194 |
| (b)(i) Division (B)(3)(a) of this section does not prohibit | 22195 |
| the transfer of location or the transfer of ownership and location | 22196 |
| of a C-1, C-2, D-1, D-2, D-3, or D-5 permit from a municipal | 22197 |
| corporation or the unincorporated area of a township in which the | 22198 |
| number of permits of that class exceeds the number of such permits | 22199 |
| authorized to be issued under division (B)(3)(a) of this section | 22200 |
| to an economic development project located in another municipal | 22201 |
| corporation or the unincorporated area of another township in | 22202 |
| which no additional permits of that class may be issued to the | 22203 |
| applicant under division (B)(3)(a) of this section, but the | 22204 |
| transfer of location or transfer of ownership and location of the | 22205 |
| permit may occur only if the applicant notifies the municipal | 22206 |
| corporation or township to which the location of the permit will | 22207 |
| be transferred regarding the transfer and that municipal | 22208 |
| corporation or township acknowledges in writing to the division of | 22209 |
| liquor control, at the time the application for the transfer of | 22210 |
| location or transfer of ownership and location of the permit is | 22211 |
| filed, that the transfer will be to an economic development | 22212 |
| project. This acknowledgment by the municipal corporation or | 22213 |
| township does not prohibit it from requesting a hearing under | 22214 |
| section 4303.26 of the Revised Code. The applicant is eligible to | 22215 |
| apply for and receive the transfer of location of the permit under | 22216 |
| division (B)(3)(b) of this section if all permits of that class | 22217 |
| that may be issued under division (B)(3)(a) of this section in the | 22218 |
| applicable municipal corporation or unincorporated area of the | 22219 |
| township have already been issued or if the number of applications | 22220 |
| filed for permits of that class in that municipal corporation or | 22221 |
| the unincorporated area of that township exceed the number of | 22222 |
| permits of that class that may be issued there under division | 22223 |
| (B)(3)(a) of this section. | 22224 |
| A permit transferred under division (B)(3)(b) of this section | 22225 |
| may be subsequently transferred to a different owner at the same | 22226 |
| location, or to the same owner or a different owner at a different | 22227 |
| location in the same municipal corporation or in the | 22228 |
| unincorporated area of the same township, as long as the same or | 22229 |
| new location meets the economic development project criteria set | 22230 |
| forth in this section. | 22231 |
| (ii) Factors that shall be used to determine the designation | 22232 |
| of an economic development project include, but are not limited | 22233 |
| to, architectural certification of the plans and the cost of the | 22234 |
| project, the number of jobs that will be created by the project, | 22235 |
| projected earnings of the project, projected tax revenues for the | 22236 |
| political subdivisions in which the project will be located, and | 22237 |
| the amount of financial investment in the project. The | 22238 |
| superintendent of liquor control shall determine whether the | 22239 |
| existing or proposed business that is seeking a permit described | 22240 |
| in division (B)(3)(b) of this section qualifies as an economic | 22241 |
| development project and, if the superintendent determines that it | 22242 |
| so qualifies, shall designate the business as an economic | 22243 |
| development project. | 22244 |
| (4) Nothing in this section shall be construed to restrict | 22245 |
| the issuance of a permit to a municipal corporation for use at a | 22246 |
| municipally owned airport at which commercial airline companies | 22247 |
| operate regularly scheduled flights on which space is available to | 22248 |
| the public. A municipal corporation applying for a permit for such | 22249 |
| a municipally owned airport is exempt, in regard to that | 22250 |
| application, from the population restrictions contained in this | 22251 |
| section and from population quota restrictions contained in any | 22252 |
| rule of the liquor control commission. A municipal corporation | 22253 |
| applying for a D-1, D-2, D-3, D-4, or D-5 permit for such a | 22254 |
| municipally owned airport is subject to section 4303.31 of the | 22255 |
| Revised Code. | 22256 |
| (5) Nothing in this section shall be construed to prohibit | 22257 |
| the issuance of a D permit to the board of trustees of a soldiers' | 22258 |
| memorial for a premises located at a soldiers' memorial | 22259 |
| established pursuant to Chapter 345. of the Revised Code. An | 22260 |
| application for a D permit by the board for those premises is | 22261 |
| exempt from the population restrictions contained in this section | 22262 |
| and from the population quota restrictions contained in any rule | 22263 |
| of the liquor control commission. The location of a D permit | 22264 |
| issued to the board for those premises shall not be transferred. A | 22265 |
| board of trustees of a soldiers' memorial applying for a D-1, D-2, | 22266 |
| D-3, D-4, or D-5 permit for the soldiers' memorial is subject to | 22267 |
| section 4303.31 of the Revised Code. | 22268 |
| (6) Nothing in this section shall be construed to restrict | 22269 |
| the issuance of a permit for a premises located at a golf course | 22270 |
| owned by a municipal corporation, township, or county, owned by a | 22271 |
| park district created under Chapter 1545. of the Revised Code, or | 22272 |
| owned by the state. The location of such a permit issued on or | 22273 |
| after September 26, 1984, for a premises located at such a golf | 22274 |
| course shall not be transferred. Any application for such a permit | 22275 |
| is exempt from the population quota restrictions contained in this | 22276 |
| section and from the population quota restrictions contained in | 22277 |
| any rule of the liquor control commission. A municipal | 22278 |
| corporation, township, county, park district, or state agency | 22279 |
| applying for a D-1, D-2, D-3, D-4, or D-5 permit for such a golf | 22280 |
| course is subject to section 4303.31 of the Revised Code. | 22281 |
| (7) As used in division (B)(7) of this section, "fair" has | 22282 |
|
the same meaning as in section 991.01 of the Revised Code | 22283 |
| fairgrounds" means the property that is held by the state for the | 22284 |
| purpose of conducting fairs, expositions, and exhibits and that is | 22285 |
| maintained and managed by the Ohio expositions commission under | 22286 |
|
section 991.03 of the Revised Code | 22287 |
| same meaning as in section 105.41 of the Revised Code; and "Ohio | 22288 |
| judicial center" means the site of the Ohio supreme court and its | 22289 |
| grounds. | 22290 |
| Nothing in this section shall be construed to restrict the | 22291 |
| issuance of one or more D permits to one or more applicants for | 22292 |
|
all or a part of | 22293 |
| or the Ohio judicial center. An application for a D permit for the | 22294 |
| state fairgrounds | 22295 |
| is exempt from the population quota restrictions contained in this | 22296 |
| section and from the population quota restrictions contained in | 22297 |
| any rule of the liquor control commission. The location of a D | 22298 |
| permit issued for the
state fairgrounds | 22299 |
| Ohio judicial center shall not be transferred. An applicant for a | 22300 |
| D-1, D-2, D-3, or D-5 permit for the state fairgrounds is not | 22301 |
| subject to section 4303.31 of the Revised Code. | 22302 |
| Pursuant to section 1711.09 of the Revised Code, the holder | 22303 |
| of a D permit issued for the state fairgrounds shall not deal in | 22304 |
| spirituous liquor at the state fairgrounds during, or for one week | 22305 |
| before or for three days after, any fair held at the state | 22306 |
| fairgrounds. | 22307 |
| (8) Nothing in this section shall be construed to prohibit | 22308 |
| the issuance of a D permit for a premises located at a zoological | 22309 |
| park at which sales have been approved in an election held under | 22310 |
| former section 4301.356 of the Revised Code. An application for a | 22311 |
| D permit for such a premises is exempt from the population | 22312 |
| restrictions contained in this section, from the population quota | 22313 |
| restrictions contained in any rule of the liquor control | 22314 |
| commission, and from section 4303.31 of the Revised Code. The | 22315 |
| location of a D permit issued for a premises at such a zoological | 22316 |
| park shall not be transferred, and no quota or other restrictions | 22317 |
| shall be placed on the number of D permits that may be issued for | 22318 |
| a premises at such a zoological park. | 22319 |
| (C)(1) No D-3, D-4, D-5, or D-5a permit shall be issued in | 22320 |
| any election precinct in any municipal corporation or in any | 22321 |
| election precinct in the unincorporated area of any township, in | 22322 |
| which at the November, 1933, election a majority of the electors | 22323 |
| voting thereon in the municipal corporation or in the | 22324 |
| unincorporated area of the township voted against the repeal of | 22325 |
| Section 9 of Article XV, Ohio Constitution, unless the sale of | 22326 |
| spirituous liquor by the glass is authorized by a majority vote of | 22327 |
| the electors voting on the question in the precinct at an election | 22328 |
| held pursuant to this section or by a majority vote of the | 22329 |
| electors of the precinct voting on question (C) at a special local | 22330 |
| option election held in the precinct pursuant to section 4301.35 | 22331 |
| of the Revised Code. Upon the request of an elector, the board of | 22332 |
| elections of the county that encompasses the precinct shall | 22333 |
| furnish the elector with a copy of the instructions prepared by | 22334 |
| the secretary of state under division (P) of section 3501.05 of | 22335 |
| the Revised Code and, within fifteen days after the request, a | 22336 |
| certificate of the number of signatures required for a valid | 22337 |
| petition under this section. | 22338 |
| Upon the petition of thirty-five per cent of the total number | 22339 |
| of voters voting in any such precinct for the office of governor | 22340 |
| at the preceding general election, filed with the board of | 22341 |
| elections of the county in which such precinct is located not | 22342 |
| later than seventy-five days before a general election, the board | 22343 |
| shall prepare ballots and hold an election at such general | 22344 |
| election upon the question of allowing spirituous liquor to be | 22345 |
| sold by the glass in such precinct. The ballots shall be approved | 22346 |
| in form by the secretary of state. The results of the election | 22347 |
| shall be certified by the board to the secretary of state, who | 22348 |
| shall certify the results to the division. | 22349 |
| (2) No holder of a class D-3 permit issued for a boat or | 22350 |
| vessel shall sell spirituous liquor in any precinct, in which the | 22351 |
| election provided for in this section may be held, unless the sale | 22352 |
| of spirituous liquor by the drink has been authorized by vote of | 22353 |
| the electors as provided in this section or in section 4301.35 of | 22354 |
| the Revised Code. | 22355 |
| (D) Any holder of a C or D permit whose permit premises were | 22356 |
|
purchased in 1986 or 1987 by the state | 22357 |
| for highway purposes shall be issued the same permit at another | 22358 |
| location notwithstanding any quota restrictions contained in this | 22359 |
| chapter or in any rule of the liquor control commission. | 22360 |
| Sec. 4503.105. (A) A motor vehicle renting dealer may charge | 22361 |
| each vehicle renter a separate vehicle license fee to recover the | 22362 |
| dealer's cost related to the annual vehicle registration, license | 22363 |
| plates, and title fees imposed upon vehicles in the dealer's fleet | 22364 |
| under Title XLV of the Revised Code. Any dealer who separately | 22365 |
| charges a vehicle license fee shall do all of the following: | 22366 |
| (1) Make a good faith estimate of the average per day per | 22367 |
| vehicle portion of the dealer's total annual registration, license | 22368 |
| plates, and title fees paid in this state for its rental fleet | 22369 |
| during the calendar year; | 22370 |
| (2) Separately itemize and charge the vehicle license fee in | 22371 |
| the rental agreement between the dealer and a renter, and | 22372 |
| specifically describe the vehicle license fee in the rental | 22373 |
| agreement as the estimated average per day per vehicle portion of | 22374 |
| the dealer's total annual registration, license plates, and title | 22375 |
| fees; | 22376 |
| (3) In any advertisement made in this state that describes | 22377 |
| vehicle rental rates for vehicles available for rent in this | 22378 |
| state, include a statement that the renter is required to pay the | 22379 |
| vehicle license fee and disclose the maximum daily charge for the | 22380 |
| vehicle license fee. | 22381 |
| (B) Any dealer who separately charges a vehicle license fee | 22382 |
| shall not charge, collect, or retain any amount in excess of the | 22383 |
| actual average per day per vehicle portion of the dealer's total | 22384 |
| annual registration, license plates, and title fees paid in this | 22385 |
| state for its rental fleet during the calendar year. If a dealer | 22386 |
| recovers the dealer's actual costs related to the annual vehicle | 22387 |
| registration, license plates, and title fees, the dealer shall | 22388 |
| cease to itemize and charge such costs in any rental agreement | 22389 |
| during that calendar year. | 22390 |
| (C) As used in this section, "motor vehicle renting dealer" | 22391 |
| has the same meaning as in section 4549.65 of the Revised Code. | 22392 |
| Sec. 4731.22. (A) The state medical board, by an affirmative | 22393 |
| vote of not fewer than six of its members, may revoke or may | 22394 |
| refuse to grant a certificate to a person found by the board to | 22395 |
| have committed fraud during the administration of the examination | 22396 |
| for a certificate to practice or to have committed fraud, | 22397 |
| misrepresentation, or deception in applying for or securing any | 22398 |
| certificate to practice or certificate of registration issued by | 22399 |
| the board. | 22400 |
| (B) The board, by an affirmative vote of not fewer than six | 22401 |
| members, shall, to the extent permitted by law, limit, revoke, or | 22402 |
| suspend an individual's certificate to practice, refuse to | 22403 |
| register an individual, refuse to reinstate a certificate, or | 22404 |
| reprimand or place on probation the holder of a certificate for | 22405 |
| one or more of the following reasons: | 22406 |
| (1) Permitting one's name or one's certificate to practice or | 22407 |
| certificate of registration to be used by a person, group, or | 22408 |
| corporation when the individual concerned is not actually | 22409 |
| directing the treatment given; | 22410 |
| (2) Failure to maintain minimal standards applicable to the | 22411 |
| selection or administration of drugs, or failure to employ | 22412 |
| acceptable scientific methods in the selection of drugs or other | 22413 |
| modalities for treatment of disease; | 22414 |
| (3) Selling, giving away, personally furnishing, prescribing, | 22415 |
| or administering drugs for other than legal and legitimate | 22416 |
| therapeutic purposes or a plea of guilty to, a judicial finding of | 22417 |
| guilt of, or a judicial finding of eligibility for intervention in | 22418 |
| lieu of conviction of, a violation of any federal or state law | 22419 |
| regulating the possession, distribution, or use of any drug; | 22420 |
| (4) Willfully betraying a professional confidence. | 22421 |
| For purposes of this division, "willfully betraying a | 22422 |
| professional confidence" does not include providing any | 22423 |
| information, documents, or reports to a child fatality review | 22424 |
| board under sections 307.621 to 307.629 of the Revised Code and | 22425 |
| does not include the making of a report of an employee's use of a | 22426 |
| drug of abuse, or a report of a condition of an employee other | 22427 |
| than one involving the use of a drug of abuse, to the employer of | 22428 |
| the employee as described in division (B) of section 2305.33 of | 22429 |
| the Revised Code. Nothing in this division affects the immunity | 22430 |
| from civil liability conferred by that section upon a physician | 22431 |
| who makes either type of report in accordance with division (B) of | 22432 |
| that section. As used in this division, "employee," "employer," | 22433 |
| and "physician" have the same meanings as in section 2305.33 of | 22434 |
| the Revised Code. | 22435 |
| (5) Making a false, fraudulent, deceptive, or misleading | 22436 |
| statement in the solicitation of or advertising for patients; in | 22437 |
| relation to the practice of medicine and surgery, osteopathic | 22438 |
| medicine and surgery, podiatric medicine and surgery, or a limited | 22439 |
| branch of medicine; or in securing or attempting to secure any | 22440 |
| certificate to practice or certificate of registration issued by | 22441 |
| the board. | 22442 |
| As used in this division, "false, fraudulent, deceptive, or | 22443 |
| misleading statement" means a statement that includes a | 22444 |
| misrepresentation of fact, is likely to mislead or deceive because | 22445 |
| of a failure to disclose material facts, is intended or is likely | 22446 |
| to create false or unjustified expectations of favorable results, | 22447 |
| or includes representations or implications that in reasonable | 22448 |
| probability will cause an ordinarily prudent person to | 22449 |
| misunderstand or be deceived. | 22450 |
| (6) A departure from, or the failure to conform to, minimal | 22451 |
| standards of care of similar practitioners under the same or | 22452 |
| similar circumstances, whether or not actual injury to a patient | 22453 |
| is established; | 22454 |
| (7) Representing, with the purpose of obtaining compensation | 22455 |
| or other advantage as personal gain or for any other person, that | 22456 |
| an incurable disease or injury, or other incurable condition, can | 22457 |
| be permanently cured; | 22458 |
| (8) The obtaining of, or attempting to obtain, money or | 22459 |
| anything of value by fraudulent misrepresentations in the course | 22460 |
| of practice; | 22461 |
| (9) A plea of guilty to, a judicial finding of guilt of, or a | 22462 |
| judicial finding of eligibility for intervention in lieu of | 22463 |
| conviction for, a felony; | 22464 |
| (10) Commission of an act that constitutes a felony in this | 22465 |
| state, regardless of the jurisdiction in which the act was | 22466 |
| committed; | 22467 |
| (11) A plea of guilty to, a judicial finding of guilt of, or | 22468 |
| a judicial finding of eligibility for intervention in lieu of | 22469 |
| conviction for, a misdemeanor committed in the course of practice; | 22470 |
| (12) Commission of an act in the course of practice that | 22471 |
| constitutes a misdemeanor in this state, regardless of the | 22472 |
| jurisdiction in which the act was committed; | 22473 |
| (13) A plea of guilty to, a judicial finding of guilt of, or | 22474 |
| a judicial finding of eligibility for intervention in lieu of | 22475 |
| conviction for, a misdemeanor involving moral turpitude; | 22476 |
| (14) Commission of an act involving moral turpitude that | 22477 |
| constitutes a misdemeanor in this state, regardless of the | 22478 |
| jurisdiction in which the act was committed; | 22479 |
| (15) Violation of the conditions of limitation placed by the | 22480 |
| board upon a certificate to practice; | 22481 |
| (16) Failure to pay license renewal fees specified in this | 22482 |
| chapter; | 22483 |
| (17) Except as authorized in section 4731.31 of the Revised | 22484 |
| Code, engaging in the division of fees for referral of patients, | 22485 |
| or the receiving of a thing of value in return for a specific | 22486 |
| referral of a patient to utilize a particular service or business; | 22487 |
| (18) Subject to section 4731.226 of the Revised Code, | 22488 |
| violation of any provision of a code of ethics of the American | 22489 |
| medical association, the American osteopathic association, the | 22490 |
| American podiatric medical association, or any other national | 22491 |
| professional organizations that the board specifies by rule. The | 22492 |
| state medical board shall obtain and keep on file current copies | 22493 |
| of the codes of ethics of the various national professional | 22494 |
| organizations. The individual whose certificate is being suspended | 22495 |
| or revoked shall not be found to have violated any provision of a | 22496 |
| code of ethics of an organization not appropriate to the | 22497 |
| individual's profession. | 22498 |
| For purposes of this division, a "provision of a code of | 22499 |
| ethics of a national professional organization" does not include | 22500 |
| any provision that would preclude the making of a report by a | 22501 |
| physician of an employee's use of a drug of abuse, or of a | 22502 |
| condition of an employee other than one involving the use of a | 22503 |
| drug of abuse, to the employer of the employee as described in | 22504 |
| division (B) of section 2305.33 of the Revised Code. Nothing in | 22505 |
| this division affects the immunity from civil liability conferred | 22506 |
| by that section upon a physician who makes either type of report | 22507 |
| in accordance with division (B) of that section. As used in this | 22508 |
| division, "employee," "employer," and "physician" have the same | 22509 |
| meanings as in section 2305.33 of the Revised Code. | 22510 |
| (19) Inability to practice according to acceptable and | 22511 |
| prevailing standards of care by reason of mental illness or | 22512 |
| physical illness, including, but not limited to, physical | 22513 |
| deterioration that adversely affects cognitive, motor, or | 22514 |
| perceptive skills. | 22515 |
| In enforcing this division, the board, upon a showing of a | 22516 |
| possible violation, may compel any individual authorized to | 22517 |
| practice by this chapter or who has submitted an application | 22518 |
| pursuant to this chapter to submit to a mental examination, | 22519 |
| physical examination, including an HIV test, or both a mental and | 22520 |
| a physical examination. The expense of the examination is the | 22521 |
| responsibility of the individual compelled to be examined. Failure | 22522 |
| to submit to a mental or physical examination or consent to an HIV | 22523 |
| test ordered by the board constitutes an admission of the | 22524 |
| allegations against the individual unless the failure is due to | 22525 |
| circumstances beyond the individual's control, and a default and | 22526 |
| final order may be entered without the taking of testimony or | 22527 |
| presentation of evidence. If the board finds an individual unable | 22528 |
| to practice because of the reasons set forth in this division, the | 22529 |
| board shall require the individual to submit to care, counseling, | 22530 |
| or treatment by physicians approved or designated by the board, as | 22531 |
| a condition for initial, continued, reinstated, or renewed | 22532 |
| authority to practice. An individual affected under this division | 22533 |
| shall be afforded an opportunity to demonstrate to the board the | 22534 |
| ability to resume practice in compliance with acceptable and | 22535 |
| prevailing standards under the provisions of the individual's | 22536 |
| certificate. For the purpose of this division, any individual who | 22537 |
| applies for or receives a certificate to practice under this | 22538 |
| chapter accepts the privilege of practicing in this state and, by | 22539 |
| so doing, shall be deemed to have given consent to submit to a | 22540 |
| mental or physical examination when directed to do so in writing | 22541 |
| by the board, and to have waived all objections to the | 22542 |
| admissibility of testimony or examination reports that constitute | 22543 |
| a privileged communication. | 22544 |
| (20) Except when civil penalties are imposed under section | 22545 |
| 4731.225 or 4731.281 of the Revised Code, and subject to section | 22546 |
| 4731.226 of the Revised Code, violating or attempting to violate, | 22547 |
| directly or indirectly, or assisting in or abetting the violation | 22548 |
| of, or conspiring to violate, any provisions of this chapter or | 22549 |
| any rule promulgated by the board. | 22550 |
| This division does not apply to a violation or attempted | 22551 |
| violation of, assisting in or abetting the violation of, or a | 22552 |
| conspiracy to violate, any provision of this chapter or any rule | 22553 |
| adopted by the board that would preclude the making of a report by | 22554 |
| a physician of an employee's use of a drug of abuse, or of a | 22555 |
| condition of an employee other than one involving the use of a | 22556 |
| drug of abuse, to the employer of the employee as described in | 22557 |
| division (B) of section 2305.33 of the Revised Code. Nothing in | 22558 |
| this division affects the immunity from civil liability conferred | 22559 |
| by that section upon a physician who makes either type of report | 22560 |
| in accordance with division (B) of that section. As used in this | 22561 |
| division, "employee," "employer," and "physician" have the same | 22562 |
| meanings as in section 2305.33 of the Revised Code. | 22563 |
| (21) The violation of section 3701.79 of the Revised Code or | 22564 |
| of any abortion rule adopted by the public health council pursuant | 22565 |
| to section 3701.341 of the Revised Code; | 22566 |
| (22) Any of the following actions taken by the agency | 22567 |
| responsible for regulating the practice of medicine and surgery, | 22568 |
| osteopathic medicine and surgery, podiatric medicine and surgery, | 22569 |
| or the limited branches of medicine in another jurisdiction, for | 22570 |
| any reason other than the nonpayment of fees: the limitation, | 22571 |
| revocation, or suspension of an individual's license to practice; | 22572 |
| acceptance of an individual's license surrender; denial of a | 22573 |
| license; refusal to renew or reinstate a license; imposition of | 22574 |
| probation; or issuance of an order of censure or other reprimand; | 22575 |
| (23) The violation of section 2919.12 of the Revised Code or | 22576 |
| the performance or inducement of an abortion upon a pregnant woman | 22577 |
| with actual knowledge that the conditions specified in division | 22578 |
| (B) of section 2317.56 of the Revised Code have not been satisfied | 22579 |
| or with a heedless indifference as to whether those conditions | 22580 |
| have been satisfied, unless an affirmative defense as specified in | 22581 |
| division (H)(2) of that section would apply in a civil action | 22582 |
| authorized by division (H)(1) of that section; | 22583 |
| (24) The revocation, suspension, restriction, reduction, or | 22584 |
| termination of clinical privileges by the United States department | 22585 |
| of defense or department of veterans affairs or the termination or | 22586 |
| suspension of a certificate of registration to prescribe drugs by | 22587 |
| the drug enforcement administration of the United States | 22588 |
| department of justice; | 22589 |
| (25) Termination or suspension from participation in the | 22590 |
| medicare or medicaid programs by the department of health and | 22591 |
| human services or other responsible agency for any act or acts | 22592 |
| that also would constitute a violation of division (B)(2), (3), | 22593 |
| (6), (8), or (19) of this section; | 22594 |
| (26) Impairment of ability to practice according to | 22595 |
| acceptable and prevailing standards of care because of habitual or | 22596 |
| excessive use or abuse of drugs, alcohol, or other substances that | 22597 |
| impair ability to practice. | 22598 |
| For the purposes of this division, any individual authorized | 22599 |
| to practice by this chapter accepts the privilege of practicing in | 22600 |
| this state subject to supervision by the board. By filing an | 22601 |
| application for or holding a certificate to practice under this | 22602 |
| chapter, an individual shall be deemed to have given consent to | 22603 |
| submit to a mental or physical examination when ordered to do so | 22604 |
| by the board in writing, and to have waived all objections to the | 22605 |
| admissibility of testimony or examination reports that constitute | 22606 |
| privileged communications. | 22607 |
| If it has reason to believe that any individual authorized to | 22608 |
| practice by this chapter or any applicant for certification to | 22609 |
| practice suffers such impairment, the board may compel the | 22610 |
| individual to submit to a mental or physical examination, or both. | 22611 |
| The expense of the examination is the responsibility of the | 22612 |
| individual compelled to be examined. Any mental or physical | 22613 |
| examination required under this division shall be undertaken by a | 22614 |
| treatment provider or physician who is qualified to conduct the | 22615 |
| examination and who is chosen by the board. | 22616 |
| Failure to submit to a mental or physical examination ordered | 22617 |
| by the board constitutes an admission of the allegations against | 22618 |
| the individual unless the failure is due to circumstances beyond | 22619 |
| the individual's control, and a default and final order may be | 22620 |
| entered without the taking of testimony or presentation of | 22621 |
| evidence. If the board determines that the individual's ability to | 22622 |
| practice is impaired, the board shall suspend the individual's | 22623 |
| certificate or deny the individual's application and shall require | 22624 |
| the individual, as a condition for initial, continued, reinstated, | 22625 |
| or renewed certification to practice, to submit to treatment. | 22626 |
| Before being eligible to apply for reinstatement of a | 22627 |
| certificate suspended under this division, the impaired | 22628 |
| practitioner shall demonstrate to the board the ability to resume | 22629 |
| practice in compliance with acceptable and prevailing standards of | 22630 |
| care under the provisions of the practitioner's certificate. The | 22631 |
| demonstration shall include, but shall not be limited to, the | 22632 |
| following: | 22633 |
| (a) Certification from a treatment provider approved under | 22634 |
| section 4731.25 of the Revised Code that the individual has | 22635 |
| successfully completed any required inpatient treatment; | 22636 |
| (b) Evidence of continuing full compliance with an aftercare | 22637 |
| contract or consent agreement; | 22638 |
| (c) Two written reports indicating that the individual's | 22639 |
| ability to practice has been assessed and that the individual has | 22640 |
| been found capable of practicing according to acceptable and | 22641 |
| prevailing standards of care. The reports shall be made by | 22642 |
| individuals or providers approved by the board for making the | 22643 |
| assessments and shall describe the basis for their determination. | 22644 |
| The board may reinstate a certificate suspended under this | 22645 |
| division after that demonstration and after the individual has | 22646 |
| entered into a written consent agreement. | 22647 |
| When the impaired practitioner resumes practice, the board | 22648 |
| shall require continued monitoring of the individual. The | 22649 |
| monitoring shall include, but not be limited to, compliance with | 22650 |
| the written consent agreement entered into before reinstatement or | 22651 |
| with conditions imposed by board order after a hearing, and, upon | 22652 |
| termination of the consent agreement, submission to the board for | 22653 |
| at least two years of annual written progress reports made under | 22654 |
| penalty of perjury stating whether the individual has maintained | 22655 |
| sobriety. | 22656 |
| (27) A second or subsequent violation of section 4731.66 or | 22657 |
| 4731.69 of the Revised Code; | 22658 |
| (28) Except as provided in division (N) of this section: | 22659 |
| (a) Waiving the payment of all or any part of a deductible or | 22660 |
| copayment that a patient, pursuant to a health insurance or health | 22661 |
| care policy, contract, or plan that covers the individual's | 22662 |
| services, otherwise would be required to pay if the waiver is used | 22663 |
| as an enticement to a patient or group of patients to receive | 22664 |
| health care services from that individual; | 22665 |
| (b) Advertising that the individual will waive the payment of | 22666 |
| all or any part of a deductible or copayment that a patient, | 22667 |
| pursuant to a health insurance or health care policy, contract, or | 22668 |
| plan that covers the individual's services, otherwise would be | 22669 |
| required to pay. | 22670 |
| (29) Failure to use universal blood and body fluid | 22671 |
| precautions established by rules adopted under section 4731.051 of | 22672 |
| the Revised Code; | 22673 |
| (30) Failure to provide notice to, and receive acknowledgment | 22674 |
| of the notice from, a patient when required by section 4731.143 of | 22675 |
| the Revised Code prior to providing nonemergency professional | 22676 |
| services, or failure to maintain that notice in the patient's | 22677 |
| file; | 22678 |
| (31) Failure of a physician supervising a physician assistant | 22679 |
| to maintain supervision in accordance with the requirements of | 22680 |
| Chapter 4730. of the Revised Code and the rules adopted under that | 22681 |
| chapter; | 22682 |
| (32) Failure of a physician or podiatrist to enter into a | 22683 |
| standard care arrangement with a clinical nurse specialist, | 22684 |
| certified nurse-midwife, or certified nurse practitioner with whom | 22685 |
| the physician or podiatrist is in collaboration pursuant to | 22686 |
| section 4731.27 of the Revised Code or failure to fulfill the | 22687 |
| responsibilities of collaboration after entering into a standard | 22688 |
| care arrangement; | 22689 |
| (33) Failure to comply with the terms of a consult agreement | 22690 |
| entered into with a pharmacist pursuant to section 4729.39 of the | 22691 |
| Revised Code; | 22692 |
| (34) Failure to cooperate in an investigation conducted by | 22693 |
| the board under division (F) of this section, including failure to | 22694 |
| comply with a subpoena or order issued by the board or failure to | 22695 |
| answer truthfully a question presented by the board at a | 22696 |
| deposition or in written interrogatories, except that failure to | 22697 |
| cooperate with an investigation shall not constitute grounds for | 22698 |
| discipline under this section if a court of competent jurisdiction | 22699 |
| has issued an order that either quashes a subpoena or permits the | 22700 |
| individual to withhold the testimony or evidence in issue; | 22701 |
| (35) Failure to supervise an acupuncturist in accordance with | 22702 |
| Chapter 4762. of the Revised Code and the board's rules for | 22703 |
| supervision of an acupuncturist; | 22704 |
| (36) Failure to supervise an anesthesiologist assistant in | 22705 |
| accordance with Chapter 4760. of the Revised Code and the board's | 22706 |
| rules for supervision of an anesthesiologist assistant; | 22707 |
| (37) Assisting suicide as defined in section 3795.01 of the | 22708 |
| Revised Code. | 22709 |
| (C) Disciplinary actions taken by the board under divisions | 22710 |
| (A) and (B) of this section shall be taken pursuant to an | 22711 |
| adjudication under Chapter 119. of the Revised Code, except that | 22712 |
| in lieu of an adjudication, the board may enter into a consent | 22713 |
| agreement with an individual to resolve an allegation of a | 22714 |
| violation of this chapter or any rule adopted under it. A consent | 22715 |
| agreement, when ratified by an affirmative vote of not fewer than | 22716 |
| six members of the board, shall constitute the findings and order | 22717 |
| of the board with respect to the matter addressed in the | 22718 |
| agreement. If the board refuses to ratify a consent agreement, the | 22719 |
| admissions and findings contained in the consent agreement shall | 22720 |
| be of no force or effect. | 22721 |
| If the board takes disciplinary action against an individual | 22722 |
| under division (B) of this section for a second or subsequent plea | 22723 |
| of guilty to, or judicial finding of guilt of, a violation of | 22724 |
| section 2919.123 of the Revised Code, the disciplinary action | 22725 |
| shall consist of a suspension of the individual's certificate to | 22726 |
| practice for a period of at least one year or, if determined | 22727 |
| appropriate by the board, a more serious sanction involving the | 22728 |
| individual's certificate to practice. Any consent agreement | 22729 |
| entered into under this division with an individual that pertains | 22730 |
| to a second or subsequent plea of guilty to, or judicial finding | 22731 |
| of guilt of, a violation of that section shall provide for a | 22732 |
| suspension of the individual's certificate to practice for a | 22733 |
| period of at least one year or, if determined appropriate by the | 22734 |
| board, a more serious sanction involving the individual's | 22735 |
| certificate to practice. | 22736 |
| (D) For purposes of divisions (B)(10), (12), and (14) of this | 22737 |
| section, the commission of the act may be established by a finding | 22738 |
| by the board, pursuant to an adjudication under Chapter 119. of | 22739 |
| the Revised Code, that the individual committed the act. The board | 22740 |
| does not have jurisdiction under those divisions if the trial | 22741 |
| court renders a final judgment in the individual's favor and that | 22742 |
| judgment is based upon an adjudication on the merits. The board | 22743 |
| has jurisdiction under those divisions if the trial court issues | 22744 |
| an order of dismissal upon technical or procedural grounds. | 22745 |
| (E) The sealing of conviction records by any court shall have | 22746 |
| no effect upon a prior board order entered under this section or | 22747 |
| upon the board's jurisdiction to take action under this section | 22748 |
| if, based upon a plea of guilty, a judicial finding of guilt, or a | 22749 |
| judicial finding of eligibility for intervention in lieu of | 22750 |
| conviction, the board issued a notice of opportunity for a hearing | 22751 |
| prior to the court's order to seal the records. The board shall | 22752 |
| not be required to seal, destroy, redact, or otherwise modify its | 22753 |
| records to reflect the court's sealing of conviction records. | 22754 |
| (F)(1) The board shall investigate evidence that appears to | 22755 |
| show that a person has violated any provision of this chapter or | 22756 |
| any rule adopted under it. Any person may report to the board in a | 22757 |
| signed writing any information that the person may have that | 22758 |
| appears to show a violation of any provision of this chapter or | 22759 |
| any rule adopted under it. In the absence of bad faith, any person | 22760 |
| who reports information of that nature or who testifies before the | 22761 |
| board in any adjudication conducted under Chapter 119. of the | 22762 |
| Revised Code shall not be liable in damages in a civil action as a | 22763 |
| result of the report or testimony. Each complaint or allegation of | 22764 |
| a violation received by the board shall be assigned a case number | 22765 |
| and shall be recorded by the board. | 22766 |
| (2) Investigations of alleged violations of this chapter or | 22767 |
| any rule adopted under it shall be supervised by the supervising | 22768 |
| member elected by the board in accordance with section 4731.02 of | 22769 |
| the Revised Code and by the secretary as provided in section | 22770 |
| 4731.39 of the Revised Code. The president may designate another | 22771 |
| member of the board to supervise the investigation in place of the | 22772 |
| supervising member. No member of the board who supervises the | 22773 |
| investigation of a case shall participate in further adjudication | 22774 |
| of the case. | 22775 |
| (3) In investigating a possible violation of this chapter or | 22776 |
| any rule adopted under this chapter, the board may administer | 22777 |
| oaths, order the taking of depositions, issue subpoenas, and | 22778 |
| compel the attendance of witnesses and production of books, | 22779 |
| accounts, papers, records, documents, and testimony, except that a | 22780 |
| subpoena for patient record information shall not be issued | 22781 |
| without consultation with the attorney general's office and | 22782 |
| approval of the secretary and supervising member of the board. | 22783 |
| Before issuance of a subpoena for patient record information, the | 22784 |
| secretary and supervising member shall determine whether there is | 22785 |
| probable cause to believe that the complaint filed alleges a | 22786 |
| violation of this chapter or any rule adopted under it and that | 22787 |
| the records sought are relevant to the alleged violation and | 22788 |
| material to the investigation. The subpoena may apply only to | 22789 |
| records that cover a reasonable period of time surrounding the | 22790 |
| alleged violation. | 22791 |
| On failure to comply with any subpoena issued by the board | 22792 |
| and after reasonable notice to the person being subpoenaed, the | 22793 |
| board may move for an order compelling the production of persons | 22794 |
| or records pursuant to the Rules of Civil Procedure. | 22795 |
| A subpoena issued by the board may be served by a sheriff, | 22796 |
| the sheriff's deputy, or a board employee designated by the board. | 22797 |
| Service of a subpoena issued by the board may be made by | 22798 |
| delivering a copy of the subpoena to the person named therein, | 22799 |
| reading it to the person, or leaving it at the person's usual | 22800 |
| place of residence. When the person being served is a person whose | 22801 |
| practice is authorized by this chapter, service of the subpoena | 22802 |
| may be made by certified mail, restricted delivery, return receipt | 22803 |
| requested, and the subpoena shall be deemed served on the date | 22804 |
| delivery is made or the date the person refuses to accept | 22805 |
| delivery. | 22806 |
| A sheriff's deputy who serves a subpoena shall receive the | 22807 |
| same fees as a sheriff. Each witness who appears before the board | 22808 |
| in obedience to a subpoena shall receive the fees and mileage | 22809 |
| provided for witnesses in civil cases in the courts of common | 22810 |
| pleas. | 22811 |
| (4) All hearings and investigations of the board shall be | 22812 |
| considered civil actions for the purposes of section 2305.252 of | 22813 |
| the Revised Code. | 22814 |
| (5) Information received by the board pursuant to an | 22815 |
| investigation is confidential and not subject to discovery in any | 22816 |
| civil action. | 22817 |
| The board shall conduct all investigations and proceedings in | 22818 |
| a manner that protects the confidentiality of patients and persons | 22819 |
| who file complaints with the board. The board shall not make | 22820 |
| public the names or any other identifying information about | 22821 |
| patients or complainants unless proper consent is given or, in the | 22822 |
| case of a patient, a waiver of the patient privilege exists under | 22823 |
| division (B) of section 2317.02 of the Revised Code, except that | 22824 |
| consent or a waiver of that nature is not required if the board | 22825 |
| possesses reliable and substantial evidence that no bona fide | 22826 |
| physician-patient relationship exists. | 22827 |
| The board may share any information it receives pursuant to | 22828 |
| an investigation, including patient records and patient record | 22829 |
| information, with law enforcement agencies, other licensing | 22830 |
| boards, and other governmental agencies that are prosecuting, | 22831 |
| adjudicating, or investigating alleged violations of statutes or | 22832 |
| administrative rules. An agency or board that receives the | 22833 |
| information shall comply with the same requirements regarding | 22834 |
| confidentiality as those with which the state medical board must | 22835 |
| comply, notwithstanding any conflicting provision of the Revised | 22836 |
| Code or procedure of the agency or board that applies when it is | 22837 |
| dealing with other information in its possession. In a judicial | 22838 |
| proceeding, the information may be admitted into evidence only in | 22839 |
| accordance with the Rules of Evidence, but the court shall require | 22840 |
| that appropriate measures are taken to ensure that confidentiality | 22841 |
| is maintained with respect to any part of the information that | 22842 |
| contains names or other identifying information about patients or | 22843 |
| complainants whose confidentiality was protected by the state | 22844 |
| medical board when the information was in the board's possession. | 22845 |
| Measures to ensure confidentiality that may be taken by the court | 22846 |
| include sealing its records or deleting specific information from | 22847 |
| its records. | 22848 |
| (6) On a quarterly basis, the board shall prepare a report | 22849 |
| that documents the disposition of all cases during the preceding | 22850 |
| three months. The report shall contain the following information | 22851 |
| for each case with which the board has completed its activities: | 22852 |
| (a) The case number assigned to the complaint or alleged | 22853 |
| violation; | 22854 |
| (b) The type of certificate to practice, if any, held by the | 22855 |
| individual against whom the complaint is directed; | 22856 |
| (c) A description of the allegations contained in the | 22857 |
| complaint; | 22858 |
| (d) The disposition of the case. | 22859 |
| The report shall state how many cases are still pending and | 22860 |
| shall be prepared in a manner that protects the identity of each | 22861 |
| person involved in each case. The report shall be a public record | 22862 |
| under section 149.43 of the Revised Code. | 22863 |
| (G) If the secretary and supervising member determine that | 22864 |
| there is clear and convincing evidence that an individual has | 22865 |
| violated division (B) of this section and that the individual's | 22866 |
| continued practice presents a danger of immediate and serious harm | 22867 |
| to the public, they may recommend that the board suspend the | 22868 |
| individual's certificate to practice without a prior hearing. | 22869 |
| Written allegations shall be prepared for consideration by the | 22870 |
| board. | 22871 |
| The board, upon review of those allegations and by an | 22872 |
| affirmative vote of not fewer than six of its members, excluding | 22873 |
| the secretary and supervising member, may suspend a certificate | 22874 |
| without a prior hearing. A telephone conference call may be | 22875 |
| utilized for reviewing the allegations and taking the vote on the | 22876 |
| summary suspension. | 22877 |
| The board shall issue a written order of suspension by | 22878 |
| certified mail or in person in accordance with section 119.07 of | 22879 |
| the Revised Code. The order shall not be subject to suspension by | 22880 |
| the court during pendency of any appeal filed under section 119.12 | 22881 |
| of the Revised Code. If the individual subject to the summary | 22882 |
| suspension requests an adjudicatory hearing by the board, the date | 22883 |
| set for the hearing shall be within fifteen days, but not earlier | 22884 |
| than seven days, after the individual requests the hearing, unless | 22885 |
| otherwise agreed to by both the board and the individual. | 22886 |
| Any summary suspension imposed under this division shall | 22887 |
| remain in effect, unless reversed on appeal, until a final | 22888 |
| adjudicative order issued by the board pursuant to this section | 22889 |
| and Chapter 119. of the Revised Code becomes effective. The board | 22890 |
| shall issue its final adjudicative order within sixty days after | 22891 |
| completion of its hearing. A failure to issue the order within | 22892 |
| sixty days shall result in dissolution of the summary suspension | 22893 |
| order but shall not invalidate any subsequent, final adjudicative | 22894 |
| order. | 22895 |
| (H) If the board takes action under division (B)(9), (11), or | 22896 |
| (13) of this section and the judicial finding of guilt, guilty | 22897 |
| plea, or judicial finding of eligibility for intervention in lieu | 22898 |
| of conviction is overturned on appeal, upon exhaustion of the | 22899 |
| criminal appeal, a petition for reconsideration of the order may | 22900 |
| be filed with the board along with appropriate court documents. | 22901 |
| Upon receipt of a petition of that nature and supporting court | 22902 |
| documents, the board shall reinstate the individual's certificate | 22903 |
| to practice. The board may then hold an adjudication under Chapter | 22904 |
| 119. of the Revised Code to determine whether the individual | 22905 |
| committed the act in question. Notice of an opportunity for a | 22906 |
| hearing shall be given in accordance with Chapter 119. of the | 22907 |
| Revised Code. If the board finds, pursuant to an adjudication held | 22908 |
| under this division, that the individual committed the act or if | 22909 |
| no hearing is requested, the board may order any of the sanctions | 22910 |
| identified under division (B) of this section. | 22911 |
| (I) The certificate to practice issued to an individual under | 22912 |
| this chapter and the individual's practice in this state are | 22913 |
| automatically suspended as of the date of the individual's second | 22914 |
| or subsequent plea of guilty to, or judicial finding of guilt of, | 22915 |
| a violation of section 2919.123 of the Revised Code, or the date | 22916 |
| the individual pleads guilty to, is found by a judge or jury to be | 22917 |
| guilty of, or is subject to a judicial finding of eligibility for | 22918 |
| intervention in lieu of conviction in this state or treatment or | 22919 |
| intervention in lieu of conviction in another jurisdiction for any | 22920 |
| of the following criminal offenses in this state or a | 22921 |
| substantially equivalent criminal offense in another jurisdiction: | 22922 |
| aggravated murder, murder, voluntary manslaughter, felonious | 22923 |
| assault, kidnapping, rape, sexual battery, gross sexual | 22924 |
| imposition, aggravated arson, aggravated robbery, or aggravated | 22925 |
| burglary. Continued practice after suspension shall be considered | 22926 |
| practicing without a certificate. | 22927 |
| The board shall notify the individual subject to the | 22928 |
| suspension by certified mail or in person in accordance with | 22929 |
| section 119.07 of the Revised Code. If an individual whose | 22930 |
| certificate is automatically suspended under this division fails | 22931 |
| to make a timely request for an adjudication under Chapter 119. of | 22932 |
| the Revised Code, the board shall do whichever of the following is | 22933 |
| applicable: | 22934 |
| (1) If the automatic suspension under this division is for a | 22935 |
| second or subsequent plea of guilty to, or judicial finding of | 22936 |
| guilt of, a violation of section 2919.123 of the Revised Code, the | 22937 |
| board shall enter an order suspending the individual's certificate | 22938 |
| to practice for a period of at least one year or, if determined | 22939 |
| appropriate by the board, imposing a more serious sanction | 22940 |
| involving the individual's certificate to practice. | 22941 |
| (2) In all circumstances in which division (I)(1) of this | 22942 |
| section does not apply, enter a final order permanently revoking | 22943 |
| the individual's certificate to practice. | 22944 |
| (J) If the board is required by Chapter 119. of the Revised | 22945 |
| Code to give notice of an opportunity for a hearing and if the | 22946 |
| individual subject to the notice does not timely request a hearing | 22947 |
| in accordance with section 119.07 of the Revised Code, the board | 22948 |
| is not required to hold a hearing, but may adopt, by an | 22949 |
| affirmative vote of not fewer than six of its members, a final | 22950 |
| order that contains the board's findings. In that final order, the | 22951 |
| board may order any of the sanctions identified under division (A) | 22952 |
| or (B) of this section. | 22953 |
| (K) Any action taken by the board under division (B) of this | 22954 |
| section resulting in a suspension from practice shall be | 22955 |
| accompanied by a written statement of the conditions under which | 22956 |
| the individual's certificate to practice may be reinstated. The | 22957 |
| board shall adopt rules governing conditions to be imposed for | 22958 |
| reinstatement. Reinstatement of a certificate suspended pursuant | 22959 |
| to division (B) of this section requires an affirmative vote of | 22960 |
| not fewer than six members of the board. | 22961 |
| (L) When the board refuses to grant a certificate to an | 22962 |
| applicant, revokes an individual's certificate to practice, | 22963 |
| refuses to register an applicant, or refuses to reinstate an | 22964 |
| individual's certificate to practice, the board may specify that | 22965 |
| its action is permanent. An individual subject to a permanent | 22966 |
| action taken by the board is forever thereafter ineligible to hold | 22967 |
| a certificate to practice and the board shall not accept an | 22968 |
| application for reinstatement of the certificate or for issuance | 22969 |
| of a new certificate. | 22970 |
| (M) Notwithstanding any other provision of the Revised Code, | 22971 |
| all of the following apply: | 22972 |
| (1) The surrender of a certificate issued under this chapter | 22973 |
| shall not be effective unless or until accepted by the board. | 22974 |
| Reinstatement of a certificate surrendered to the board requires | 22975 |
| an affirmative vote of not fewer than six members of the board. | 22976 |
| (2) An application for a certificate made under the | 22977 |
| provisions of this chapter may not be withdrawn without approval | 22978 |
| of the board. | 22979 |
| (3) Failure by an individual to renew a certificate of | 22980 |
| registration in accordance with this chapter shall not remove or | 22981 |
| limit the board's jurisdiction to take any disciplinary action | 22982 |
| under this section against the individual. | 22983 |
| (N) Sanctions shall not be imposed under division (B)(28) of | 22984 |
| this section against any person who waives deductibles and | 22985 |
| copayments as follows: | 22986 |
| (1) In compliance with the health benefit plan that expressly | 22987 |
| allows such a practice. Waiver of the deductibles or copayments | 22988 |
| shall be made only with the full knowledge and consent of the plan | 22989 |
| purchaser, payer, and third-party administrator. Documentation of | 22990 |
| the consent shall be made available to the board upon request. | 22991 |
| (2) For professional services rendered to any other person | 22992 |
| authorized to practice pursuant to this chapter, to the extent | 22993 |
| allowed by this chapter and rules adopted by the board. | 22994 |
| (O) Under the board's investigative duties described in this | 22995 |
| section and subject to division (F) of this section, the board | 22996 |
| shall develop and implement a quality intervention program | 22997 |
| designed to improve through remedial education the clinical and | 22998 |
| communication skills of individuals authorized under this chapter | 22999 |
| to practice medicine and surgery, osteopathic medicine and | 23000 |
| surgery, and podiatric medicine and surgery. In developing and | 23001 |
| implementing the quality intervention program, the board may do | 23002 |
| all of the following: | 23003 |
| (1) Offer in appropriate cases as determined by the board an | 23004 |
| educational and assessment program pursuant to an investigation | 23005 |
| the board conducts under this section; | 23006 |
| (2) Select providers of educational and assessment services, | 23007 |
| including a quality intervention program panel of case reviewers; | 23008 |
| (3) Make referrals to educational and assessment service | 23009 |
| providers and approve individual educational programs recommended | 23010 |
| by those providers. The board shall monitor the progress of each | 23011 |
| individual undertaking a recommended individual educational | 23012 |
| program. | 23013 |
| (4) Determine what constitutes successful completion of an | 23014 |
| individual educational program and require further monitoring of | 23015 |
| the individual who completed the program or other action that the | 23016 |
| board determines to be appropriate; | 23017 |
| (5) Adopt rules in accordance with Chapter 119. of the | 23018 |
| Revised Code to further implement the quality intervention | 23019 |
| program. | 23020 |
| An individual who participates in an individual educational | 23021 |
| program pursuant to this division shall pay the financial | 23022 |
| obligations arising from that educational program. | 23023 |
| Sec. 4731.281. (A) On or before the deadline established | 23024 |
| under division (B) of this section for applying for renewal of a | 23025 |
| certificate of registration, each person holding a certificate | 23026 |
| under this chapter to practice medicine and surgery, osteopathic | 23027 |
| medicine and surgery, or podiatric medicine and surgery shall | 23028 |
| certify to the state medical board that in the preceding two years | 23029 |
| the person has completed one hundred hours of continuing medical | 23030 |
| education. The certification shall be made upon the application | 23031 |
| for biennial registration submitted pursuant to division (B) of | 23032 |
| this section. The board shall adopt rules providing for pro rata | 23033 |
| reductions by month of the number of hours of continuing education | 23034 |
| required for persons who are in their first registration period, | 23035 |
| who have a registration period of less than two years due to | 23036 |
| initial implementation of the staggered renewal schedule | 23037 |
| established under division (B) of this section, who have been | 23038 |
| disabled due to illness or accident, or who have been absent from | 23039 |
| the country. | 23040 |
| In determining whether a course, program, or activity | 23041 |
| qualifies for credit as continuing medical education, the board | 23042 |
| shall approve all continuing medical education taken by persons | 23043 |
| holding a certificate to practice medicine and surgery that is | 23044 |
| certified by the Ohio state medical association, all continuing | 23045 |
| medical education taken by persons holding a certificate to | 23046 |
| practice osteopathic medicine and surgery that is certified by the | 23047 |
| Ohio osteopathic association, and all continuing medical education | 23048 |
| taken by persons holding a certificate to practice podiatry that | 23049 |
| is certified by the Ohio podiatric medical association. Each | 23050 |
| person holding a certificate to practice under this chapter shall | 23051 |
| be given sufficient choice of continuing education programs to | 23052 |
| ensure that the person has had a reasonable opportunity to | 23053 |
| participate in continuing education programs that are relevant to | 23054 |
| the person's medical practice in terms of subject matter and | 23055 |
| level. | 23056 |
| The board may require a random sample of persons holding a | 23057 |
| certificate to practice under this chapter to submit materials | 23058 |
| documenting completion of the continuing medical education | 23059 |
| requirement during the preceding registration period, but this | 23060 |
| provision shall not limit the board's authority to investigate | 23061 |
| pursuant to section 4731.22 of the Revised Code. | 23062 |
| (B)(1) Every person holding a certificate under this chapter | 23063 |
| to practice medicine and surgery, osteopathic medicine and | 23064 |
| surgery, or podiatric medicine and surgery wishing to renew that | 23065 |
| certificate shall apply to the board for a certificate of | 23066 |
| registration upon an application furnished by the board, and pay | 23067 |
| to the board at the time of application a fee of three hundred | 23068 |
| five dollars, according to the following schedule: | 23069 |
| (a) Persons whose last name begins with the letters "A" | 23070 |
| through "B," on or before April 1, 2001, and the first day of | 23071 |
| April of every odd-numbered year thereafter; | 23072 |
| (b) Persons whose last name begins with the letters "C" | 23073 |
| through "D," on or before January 1, 2001, and the first day of | 23074 |
| January of every odd-numbered year thereafter; | 23075 |
| (c) Persons whose last name begins with the letters "E" | 23076 |
| through "G," on or before October 1, 2000, and the first day of | 23077 |
| October of every even-numbered year thereafter; | 23078 |
| (d) Persons whose last name begins with the letters "H" | 23079 |
| through "K," on or before July 1, 2000, and the first day of July | 23080 |
| of every even-numbered year thereafter; | 23081 |
| (e) Persons whose last name begins with the letters "L" | 23082 |
| through "M," on or before April 1, 2000, and the first day of | 23083 |
| April of every even-numbered year thereafter; | 23084 |
| (f) Persons whose last name begins with the letters "N" | 23085 |
| through "R," on or before January 1, 2000, and the first day of | 23086 |
| January of every even-numbered year thereafter; | 23087 |
| (g) Persons whose last name begins with the letters "S," on | 23088 |
| or before October 1, 1999, and the first day of October of every | 23089 |
| odd-numbered year thereafter; | 23090 |
| (h) Persons whose last name begins with the letters "T" | 23091 |
| through "Z," on or before July 1, 1999, and the first day of July | 23092 |
| of every odd-numbered year thereafter. | 23093 |
| The board shall deposit the fee in accordance with section | 23094 |
| 4731.24 of the Revised Code, except that the board shall deposit | 23095 |
| twenty dollars of the fee into the state treasury to the credit of | 23096 |
| the physician loan repayment fund created by section 3702.78 of | 23097 |
| the Revised Code. | 23098 |
| (2) The board shall mail or cause to be mailed to every | 23099 |
| person registered to practice medicine and surgery, osteopathic | 23100 |
| medicine and surgery, or podiatric medicine and surgery, an | 23101 |
| application for registration addressed to the person's last known | 23102 |
| post-office address or may cause the application to be sent to the | 23103 |
| person through the secretary of any recognized medical, | 23104 |
| osteopathic, or podiatric society, according to the following | 23105 |
| schedule: | 23106 |
| (a) To persons whose last name begins with the letters "A" | 23107 |
| through "B," on or before January 1, 2001, and the first day of | 23108 |
| January of every odd-numbered year thereafter; | 23109 |
| (b) To persons whose last name begins with the letters "C" | 23110 |
| through "D," on or before October 1, 2000, and the first day of | 23111 |
| October of every even-numbered year thereafter; | 23112 |
| (c) To persons whose last name begins with the letters "E" | 23113 |
| through "G," on or before July 1, 2000, and the first day of July | 23114 |
| of every even-numbered year thereafter; | 23115 |
| (d) To persons whose last name begins with the letters "H" | 23116 |
| through "K," on or before April 1, 2000, and the first day of | 23117 |
| April of every even-numbered year thereafter; | 23118 |
| (e) To persons whose last name begins with the letters "L" | 23119 |
| through "M," on or before January 1, 2000, and the first day of | 23120 |
| January of every even-numbered year thereafter; | 23121 |
| (f) To persons whose last name begins with the letters "N" | 23122 |
| through "R," on or before October 1, 1999, and the first day of | 23123 |
| October of every odd-numbered year thereafter; | 23124 |
| (g) To persons whose last name begins with the letters "S," | 23125 |
| on or before July 1, 1999, and the first day of July of every | 23126 |
| odd-numbered year thereafter; | 23127 |
| (h) To persons whose last name begins with the letters "T" | 23128 |
| through "Z," on or before April 1, 1999, and the first day of | 23129 |
| April of every odd-numbered year thereafter; | 23130 |
| Failure of any person to receive an application from the | 23131 |
| board shall not excuse the person from the requirements contained | 23132 |
| in this section. The application shall contain proper spaces for | 23133 |
| the applicant's signature and the insertion of the required | 23134 |
| information, including a statement that the person has fulfilled | 23135 |
| the continuing education requirements imposed by this section. | 23136 |
| The applicant shall write or cause to be written upon the | 23137 |
| application so furnished the applicant's full name, principal | 23138 |
| practice address and residence address, the number of the | 23139 |
| applicant's certificate to practice, and any other facts for the | 23140 |
| identification of the applicant as a person holding a certificate | 23141 |
| to practice under this chapter as the board considers necessary. | 23142 |
| The applicant shall include with the application a list of the | 23143 |
| names and addresses of any clinical nurse specialists, certified | 23144 |
| nurse-midwives, or certified nurse practitioners with whom the | 23145 |
| applicant is currently collaborating, as defined in section | 23146 |
| 4723.01 of the Revised Code. The applicant shall execute and | 23147 |
| deliver the application to the board by mail or in person. Every | 23148 |
| person registered under this section shall give written notice to | 23149 |
| the board of any change of principal practice address or residence | 23150 |
| address or in the list within thirty days of the change. | 23151 |
| The applicant shall report any criminal offense that | 23152 |
| constitutes grounds for refusal of registration under section | 23153 |
| 4731.22 of the Revised Code to which the applicant has pleaded | 23154 |
| guilty, of which the applicant has been found guilty, or for which | 23155 |
| the applicant has been found eligible for intervention in lieu of | 23156 |
| conviction, since last signing an application for a certificate of | 23157 |
| registration. | 23158 |
| (C) The board shall issue to any person holding a certificate | 23159 |
| under this chapter to practice medicine and surgery, osteopathic | 23160 |
| medicine and surgery, or podiatric medicine and surgery, upon | 23161 |
| application and qualification therefor in accordance with this | 23162 |
| section, a certificate of registration under the seal of the | 23163 |
| board. A certificate of registration shall be valid for a two-year | 23164 |
| period, commencing on the first day of the third month after the | 23165 |
| registration fee is due and expiring on the last day of the month | 23166 |
| two years thereafter. | 23167 |
| The board shall publish and cause to be mailed to each person | 23168 |
| registered under this section, upon request, a printed list of the | 23169 |
| persons so registered. | 23170 |
| (D) Failure of any certificate holder to register and comply | 23171 |
| with this section shall operate automatically to suspend the | 23172 |
| holder's certificate to practice. Continued practice after the | 23173 |
| suspension of the certificate to practice shall be considered as | 23174 |
| practicing in violation of section 4731.41, 4731.43, or 4731.60 of | 23175 |
| the Revised Code. If the certificate has been suspended pursuant | 23176 |
| to this division for two years or less, it may be reinstated. The | 23177 |
| board shall reinstate a certificate to practice for failure to | 23178 |
| register upon an applicant's submission of the biennial | 23179 |
| registration fee, the applicable monetary penalty, and | 23180 |
| certification by signature of the applicant that the applicant has | 23181 |
| completed the requisite continuing medical education. The penalty | 23182 |
| for reinstatement shall be fifty dollars. If the certificate has | 23183 |
| been suspended pursuant to this division for more than two years, | 23184 |
| it may be restored. In accordance with section 4731.222 of the | 23185 |
| Revised Code, the board may restore a certificate to practice for | 23186 |
| failure to register upon an applicant's submission of a | 23187 |
| restoration application, the biennial registration fee, and the | 23188 |
| applicable monetary penalty. The penalty for restoration shall be | 23189 |
| one hundred dollars. The board shall deposit the penalties in | 23190 |
| accordance with section 4731.24 of the Revised Code. | 23191 |
| (E) If an individual certifies completion of the number of | 23192 |
| hours and type of continuing medical education required to receive | 23193 |
| a certificate of registration or reinstatement of a certificate to | 23194 |
| practice, and the board finds through the random samples it | 23195 |
| conducts under this section or through any other means that the | 23196 |
| individual did not complete the requisite continuing medical | 23197 |
| education, the board may impose a civil penalty of not more than | 23198 |
| five thousand dollars. The board's finding shall be made pursuant | 23199 |
| to an adjudication under Chapter 119. of the Revised Code and by | 23200 |
| an affirmative vote of not fewer than six members. | 23201 |
| A civil penalty imposed under this division may be in | 23202 |
| addition to or in lieu of any other action the board may take | 23203 |
| under section 4731.22 of the Revised Code. The board shall deposit | 23204 |
| civil penalties in accordance with section 4731.24 of the Revised | 23205 |
| Code. | 23206 |
| (F) The state medical board may obtain information not | 23207 |
| protected by statutory or common law privilege from courts and | 23208 |
| other sources concerning malpractice claims against any person | 23209 |
| holding a certificate to practice under this chapter or practicing | 23210 |
| as provided in section 4731.36 of the Revised Code. | 23211 |
| (G) Each mailing sent by the board under division (B)(2) of | 23212 |
| this section to a person registered to practice medicine and | 23213 |
| surgery or osteopathic medicine and surgery shall inform the | 23214 |
| applicant of the reporting requirement established by division (H) | 23215 |
| of section 3701.79 of the Revised Code. At the discretion of the | 23216 |
| board, the information may be included on the application or on an | 23217 |
| accompanying page. | 23218 |
| Sec. 4781.04. (A) The manufactured homes commission shall | 23219 |
| adopt rules pursuant to Chapter 119. of the Revised Code to do all | 23220 |
| of the following: | 23221 |
| (1) Establish uniform standards that govern the installation | 23222 |
| of manufactured housing. | 23223 |
| hundred eighty days after the secretary of the United States | 23224 |
| department of housing and urban development adopts model standards | 23225 |
| for the installation of manufactured housing or amends those | 23226 |
| standards, the commission shall amend its standards as necessary | 23227 |
| to be consistent with, and not less stringent than, the model | 23228 |
| standards for the design and installation of manufactured housing | 23229 |
| 23230 | |
| 23231 | |
| standards that the secretary determines are equal to or not less | 23232 |
| stringent than the model standards. | 23233 |
| (2) Govern the inspection of the installation of manufactured | 23234 |
| housing. The rules shall specify that the department of health or | 23235 |
| a licensor, as determined by the director of health, shall conduct | 23236 |
| all inspections of the installation of manufactured housing | 23237 |
| located in manufactured home parks to determine compliance with | 23238 |
| the uniform installation standards the commission establishes | 23239 |
| pursuant to this section. The rules shall specify that all | 23240 |
| installation inspections in a manufactured home park the | 23241 |
| department of health or the licensor conducts shall be conducted | 23242 |
| by a person who has completed an installation training course | 23243 |
| approved by the commission pursuant to division (B) of section | 23244 |
| 4781.04 of the Revised Code. | 23245 |
| As used in division (A)(2) of this section, "licensor" has | 23246 |
| the same meaning as in section 3733.01 of the Revised Code. | 23247 |
| (3) Govern the design, construction, installation, approval, | 23248 |
| and inspection of foundations and the base support systems for | 23249 |
| manufactured housing. The rules shall specify that the department | 23250 |
| of health or the licensor, as determined by the director of | 23251 |
| health, shall conduct all inspections of the installation, | 23252 |
| foundations, and base support systems of manufactured housing | 23253 |
| located in manufactured home parks to determine compliance with | 23254 |
| the uniform installation standards and foundation and base support | 23255 |
| system design the commission establishes pursuant to this section. | 23256 |
| The rules shall specify that all foundation and base support | 23257 |
| system inspections in a manufactured home park the department of | 23258 |
| health or the licensor conducts shall be conducted by a person who | 23259 |
| has completed an installation training course approved by the | 23260 |
| commission pursuant to division (B) of section 4781.04 of the | 23261 |
| Revised Code. | 23262 |
| As used in division (A)(3) of this section, "licensor" has | 23263 |
| the same meaning as in section 3733.01 of the Revised Code. | 23264 |
| (4) Govern the training, experience, and education | 23265 |
| requirements for manufactured housing installers; | 23266 |
| (5) Establish a code of ethics for manufactured housing | 23267 |
| installers; | 23268 |
| (6) Govern the issuance, revocation, and suspension of | 23269 |
| licenses to manufactured housing installers; | 23270 |
| (7) Establish fees for the issuance and renewal of licenses, | 23271 |
| for conducting inspections to determine an applicant's compliance | 23272 |
| with this chapter and the rules adopted pursuant to it, and for | 23273 |
| the commission's expenses incurred in implementing this chapter; | 23274 |
| (8) Establish conditions under which a licensee may enter | 23275 |
| into contracts to fulfill the licensee's responsibilities; | 23276 |
| (9) Govern the investigation of complaints concerning any | 23277 |
| violation of this chapter or the rules adopted pursuant to it or | 23278 |
| complaints involving the conduct of any licensed manufactured | 23279 |
| housing installer or person installing manufactured housing | 23280 |
| without a license; | 23281 |
| (10) Establish a dispute resolution program for the timely | 23282 |
| resolution of warranty issues involving new manufactured homes, | 23283 |
| disputes regarding responsibility for the correction or repair of | 23284 |
| defects in manufactured housing, and the installation of | 23285 |
| manufactured housing. The rules shall provide for the timely | 23286 |
| resolution of disputes between manufacturers, retailers, and | 23287 |
| installers regarding the correction or repair of defects in | 23288 |
| manufactured housing that are reported by the purchaser of the | 23289 |
| home during the one-year period beginning on the date of | 23290 |
| installation of the home. The rules also shall provide that | 23291 |
| decisions made regarding the dispute under the program are not | 23292 |
| binding upon the purchaser of the home or the other parties | 23293 |
| involved in the dispute unless the purchaser so agrees in a | 23294 |
| written acknowledgement that the purchaser signs and delivers to | 23295 |
| the program within ten business days after the decision is issued. | 23296 |
| (11) Establish the requirements and procedures for the | 23297 |
| certification of building departments and building department | 23298 |
| personnel pursuant to section 4781.07 of the Revised Code; | 23299 |
| (12) Establish fees to be charged to building departments and | 23300 |
| building department personnel applying for certification and | 23301 |
| renewal of certification pursuant to section 4781.07 of the | 23302 |
| Revised Code; | 23303 |
| (13) Carry out any other provision of this chapter. | 23304 |
| (B) The manufactured homes commission shall do all of the | 23305 |
| following: | 23306 |
| (1) Prepare and administer a licensure examination to | 23307 |
| determine an applicant's knowledge of manufactured housing | 23308 |
| installation and other aspects of installation the commission | 23309 |
| determines appropriate; | 23310 |
| (2) Select, provide, or procure appropriate examination | 23311 |
| questions and answers for the licensure examination and establish | 23312 |
| the criteria for successful completion of the examination; | 23313 |
| (3) Prepare and distribute any application form this chapter | 23314 |
| requires; | 23315 |
| (4) Receive applications for licenses and renewal of licenses | 23316 |
| and issue licenses to qualified applicants; | 23317 |
| (5) Establish procedures for processing, approving, and | 23318 |
| disapproving applications for licensure; | 23319 |
| (6) Retain records of applications for licensure, including | 23320 |
| all application materials submitted and a written record of the | 23321 |
| action taken on each application; | 23322 |
| (7) Review the design and plans for manufactured housing | 23323 |
| installations, foundations, and support systems; | 23324 |
| (8) Inspect a sample of homes at a percentage the commission | 23325 |
| determines to evaluate the construction and installation of | 23326 |
| manufactured housing installations, foundations, and support | 23327 |
| systems to determine compliance with the standards the commission | 23328 |
| adopts; | 23329 |
| (9) Investigate complaints concerning violations of this | 23330 |
| chapter or the rules adopted pursuant to it, or the conduct of any | 23331 |
| manufactured housing installer; | 23332 |
| (10) Determine appropriate disciplinary actions for | 23333 |
| violations of this chapter; | 23334 |
| (11) Conduct audits and inquiries of manufactured housing | 23335 |
| installers as appropriate for the enforcement of this chapter. The | 23336 |
| commission, or any person the commission employs for the purpose, | 23337 |
| may review and audit the business records of any manufactured | 23338 |
| housing installer during normal business hours. | 23339 |
| (12) Approve an installation training course, which may be | 23340 |
| offered by the Ohio manufactured homes association or other | 23341 |
| entity; | 23342 |
| (13) Perform any function or duty necessary to administer | 23343 |
| this chapter and the rules adopted pursuant to it. | 23344 |
| Sec. 4905.79. Any telephone company, as defined in section | 23345 |
| 5727.01 of the Revised Code, or, as authorized by the public | 23346 |
| utilities commission, any affiliate of such a company, that | 23347 |
| 23348 | |
| implemented after March 27, 1991, to aid the communicatively | 23349 |
| impaired in accessing the telephone network shall be allowed a tax | 23350 |
| credit for the costs of any such program under section 5733.56 of | 23351 |
| the Revised Code. Relative to any
such program, the | 23352 |
| 23353 | |
| interested parties to intervene and participate in any proceeding | 23354 |
| or part of a proceeding brought before the commission pursuant to | 23355 |
| this section. The commission shall adopt rules it considers | 23356 |
| necessary to carry out this section. | 23357 |
| Sec. 5111.011. (A) | 23358 |
| | 23359 |
| 23360 |
| | 23361 |
| 23362 |
| | 23363 |
| 23364 | |
| 23365 | |
| 23366 | |
| 23367 |
| | 23368 |
| family services shall | 23369 |
| 23370 | |
| medicaid program | 23371 |
| pursuant to section 111.15 of the Revised Code and shall be | 23372 |
| consistent with federal and state law | 23373 |
| 23374 | |
| the following: | 23375 |
| (1) Establish | 23376 |
| | 23377 |
| 23378 | |
| 23379 | |
| 23380 |
| | 23381 |
| 23382 | |
| 23383 |
| | 23384 |
| 23385 | |
| 23386 | |
| 23387 | |
| 23388 | |
| 23389 | |
| 23390 |
| | 23391 |
| 23392 | |
| 23393 |
| | 23394 |
| | 23395 |
| 23396 | |
| 23397 | |
| 23398 |
| | 23399 |
| 23400 | |
| 23401 | |
| 23402 |
| | 23403 |
| 23404 | |
| 23405 | |
| 23406 | |
| 23407 | |
| 23408 |
| | 23409 |
| 23410 | |
| 23411 | |
| 23412 | |
| 23413 | |
| 23414 | |
| 23415 | |
| 23416 | |
| 23417 | |
| 23418 | |
| 23419 | |
| 23420 | |
| 23421 | |
| 23422 | |
| 23423 | |
| 23424 | |
| 23425 | |
| 23426 | |
| 23427 | |
| 23428 | |
| 23429 | |
| 23430 | |
| 23431 |
| | 23432 |
| 23433 | |
| 23434 | |
| 23435 | |
| 23436 | |
| 23437 | |
| 23438 | |
| 23439 | |
| 23440 |
| | 23441 |
| 23442 | |
| 23443 |
| | 23444 |
| 23445 |
| | 23446 |
| 23447 | |
| 23448 | |
| 23449 | |
| 23450 | |
| 23451 |
| | 23452 |
| 23453 | |
| 23454 | |
| 23455 | |
| 23456 | |
| 23457 | |
| 23458 | |
| 23459 | |
| 23460 | |
| 23461 | |
| 23462 | |
| 23463 | |
| 23464 | |
| 23465 |
| | 23466 |
| 23467 | |
| 23468 | |
| 23469 | |
| 23470 | |
| 23471 | |
| 23472 | |
| 23473 | |
| 23474 |
| | 23475 |
| 23476 | |
| with federal law for allocating income and resources as income and | 23477 |
| resources of the spouse, children, parents, or stepparents of a | 23478 |
| recipient of or applicant for medicaid | 23479 |
| (2) Define the term "resources" as used in division (A)(1) of | 23480 |
| this section; | 23481 |
| (3) Specify the number of months that is to be used for the | 23482 |
| purpose of the term "look-back date" used in section 5111.0116 of | 23483 |
| the Revised Code; | 23484 |
| (4) Establish processes to be used to determine both of the | 23485 |
| following: | 23486 |
| (a) The date an institutionalized individual's ineligibility | 23487 |
| for services under section 5111.0116 of the Revised Code is to | 23488 |
| begin; | 23489 |
| (b) The number of months an institutionalized individual's | 23490 |
| ineligibility for such services is to continue. | 23491 |
| (5) Establish exceptions to the period of ineligibility that | 23492 |
| an institutionalized individual would otherwise be subject to | 23493 |
| under section 5111.0116 of the Revised Code; | 23494 |
| (6) Define the term "other medicaid-funded long-term care | 23495 |
| services" as used in sections 5111.0117 and 5111.0118 of the | 23496 |
| Revised Code; | 23497 |
| (7) For the purpose of division (C)(2)(c) of section | 23498 |
| 5111.0117 of the Revised Code, establish the process to determine | 23499 |
| whether the child of an aged, blind, or disabled individual is | 23500 |
| financially dependent on the individual for housing. | 23501 |
| (B) Notwithstanding any provision of state law, including | 23502 |
| statutes, administrative rules, common law, and court rules, | 23503 |
| regarding real or personal property or domestic relations, the | 23504 |
| standards established under | 23505 |
| (A)(1) of this section shall be used to determine eligibility for | 23506 |
| medicaid. | 23507 |
| | 23508 |
| 23509 | |
| 23510 | |
| 23511 | |
| 23512 |
| Sec. 5111.0112. (A) Not later than July 1, 2006, the | 23513 |
| director of job and family services shall institute a copayment | 23514 |
| program under the medicaid program. | 23515 |
| federal law, the copayment program shall establish a copayment | 23516 |
| requirement for only dental services, vision services, | 23517 |
| nonemergency emergency department services, and prescription | 23518 |
| drugs, other than generic drugs | 23519 |
| 23520 | |
| under section 5111.02 of the Revised Code governing the copayment | 23521 |
| program. | 23522 |
| (B) The copayment program shall, to the extent permitted by | 23523 |
| federal law, provide for all of the following with regard to any | 23524 |
| providers participating in the medicaid program: | 23525 |
| (1) No provider shall refuse to provide a service to a | 23526 |
| medicaid recipient who is unable to pay a required copayment for | 23527 |
| the service. | 23528 |
| (2) Division (B)(1) of this section shall not be considered | 23529 |
| to do either of the following with regard to a medicaid recipient | 23530 |
| who is unable to pay a required copayment: | 23531 |
| (a) Relieve the medicaid recipient from the obligation to pay | 23532 |
| a copayment; | 23533 |
| (b) Prohibit the provider from attempting to collect an | 23534 |
| unpaid copayment. | 23535 |
|
(3) | 23536 |
| provider shall waive a medicaid recipient's obligation to pay the | 23537 |
| provider a copayment. | 23538 |
| (4) No provider or drug manufacturer, including the | 23539 |
| manufacturer's representative, employee, independent contractor, | 23540 |
| or agent, shall pay any copayment on behalf of a medicaid | 23541 |
| recipient. | 23542 |
| (5) If it is the routine business practice of the provider to | 23543 |
| refuse service to any individual who owes an outstanding debt to | 23544 |
| the provider, the provider may consider an unpaid copayment | 23545 |
| imposed by the copayment program as an outstanding debt and may | 23546 |
| refuse service to a medicaid recipient who owes the provider an | 23547 |
| outstanding debt. If the provider intends to refuse service to a | 23548 |
| medicaid recipient who owes the provider an outstanding debt, the | 23549 |
| provider shall notify the individual of the provider's intent to | 23550 |
| refuse services. | 23551 |
| (C) In the case of a provider that is a hospital, the | 23552 |
| copayment program shall permit the hospital to take action to | 23553 |
| collect a copayment by providing, at the time services are | 23554 |
| rendered to a medicaid recipient, notice that a copayment may be | 23555 |
| owed. If the hospital provides the notice and chooses not to take | 23556 |
| any further action to pursue collection of the copayment, the | 23557 |
| prohibition against waiving copayments specified in division | 23558 |
| (B)(3) of this section does not apply. | 23559 |
| Sec. 5111.0116. (A) As used in this section: | 23560 |
| (1) "Assets" include all of an individual's income and | 23561 |
| resources and those of the individual's spouse, including any | 23562 |
| income or resources the individual or spouse is entitled to but | 23563 |
| does not receive because of action by any of the following: | 23564 |
| (a) The individual or spouse; | 23565 |
| (b) A person or government entity, including a court or | 23566 |
| administrative agency, with legal authority to act in place of or | 23567 |
| on behalf of the individual or spouse; | 23568 |
| (c) A person or government entity, including a court or | 23569 |
| administrative agency, acting at the direction or on the request | 23570 |
| of the individual or spouse. | 23571 |
| (2) "Home and community-based services" means home and | 23572 |
| community-based services furnished under a medicaid waiver granted | 23573 |
| by the United States secretary of health and human services under | 23574 |
| 42 U.S.C. 1396n(c) or (d). | 23575 |
| (3) "Institutionalized individual" means a resident of a | 23576 |
| nursing facility, an inpatient in a medical institution for whom a | 23577 |
| payment is made based on a level of care provided in a nursing | 23578 |
| facility, or an individual described in 42 U.S.C. | 23579 |
| 1396a(a)(10)(A)(ii)(VI). | 23580 |
| (4) "Look-back date" means the date that is a number of | 23581 |
| months specified in rules adopted under section 5111.011 of the | 23582 |
| Revised Code immediately before either of the following: | 23583 |
| (a) The date an individual becomes an institutionalized | 23584 |
| individual if the individual is eligible for medicaid on that | 23585 |
| date; | 23586 |
| (b) The date an individual applies for medicaid while an | 23587 |
| institutionalized individual. | 23588 |
| (5) "Nursing facility" has the same meaning as in section | 23589 |
| 5111.20 of the Revised Code. | 23590 |
| (6) "Nursing facility equivalent services" means services | 23591 |
| that are covered by the medicaid program, equivalent to nursing | 23592 |
| facility services, provided by an institution that provides the | 23593 |
| same level of care as a nursing facility, and provided to an | 23594 |
| inpatient of the institution who is a medicaid recipient eligible | 23595 |
| for medicaid-covered nursing facility equivalent services. | 23596 |
| (7) "Nursing facility services" means nursing facility | 23597 |
| services covered by the medicaid program that a nursing facility | 23598 |
| provides to a resident of the nursing facility who is a medicaid | 23599 |
| recipient eligible for medicaid-covered nursing facility services. | 23600 |
| (B) Except as provided in rules adopted under section | 23601 |
| 5111.011 of the Revised Code, an institutionalized individual is | 23602 |
| ineligible for nursing facility services, nursing facility | 23603 |
| equivalent services, and home and community-based services if the | 23604 |
| individual or individual's spouse disposes of assets for less than | 23605 |
| fair market value on or after the look-back date. The | 23606 |
| institutionalized individual's ineligibility shall begin on a date | 23607 |
| determined in accordance with rules adopted under section 5111.011 | 23608 |
| of the Revised Code and shall continue for a number of months | 23609 |
| determined in accordance with such rules. | 23610 |
| (C) To secure compliance with this section, the director of | 23611 |
| job and family services may require an individual, as a condition | 23612 |
| of initial or continued eligibility for medicaid, to provide | 23613 |
| documentation of the individual's assets up to five years before | 23614 |
| the date the individual becomes an institutionalized individual if | 23615 |
| the individual is eligible for medicaid on that date or the date | 23616 |
| the individual applies for medicaid while an institutionalized | 23617 |
| individual. Documentation may include tax returns, records from | 23618 |
| financial institutions, and real property records. | 23619 |
| Sec. 5111.0117. (A) As used in this section and section | 23620 |
| 5111.0118 of the Revised Code: | 23621 |
| (1) "ICF/MR services" means intermediate care facility for | 23622 |
| the mentally retarded services covered by the medicaid program | 23623 |
| that an intermediate care facility for the mentally retarded | 23624 |
| provides to a resident of the facility who is a medicaid recipient | 23625 |
| eligible for medicaid-covered intermediate care facility for the | 23626 |
| mentally retarded services. | 23627 |
| (2) "Intermediate care facility for the mentally retarded" | 23628 |
| has the same meaning as in section 5111.20 of the Revised Code. | 23629 |
| (3) "Nursing facility" has the same meaning as in section | 23630 |
| 5111.20 of the Revised Code. | 23631 |
| (4) "Nursing facility services" means nursing facility | 23632 |
| services covered by the medicaid program that a nursing facility | 23633 |
| provides to a resident of the nursing facility who is a medicaid | 23634 |
| recipient eligible for medicaid-covered nursing facility services. | 23635 |
| (5) "Other medicaid-funded long-term care services" has the | 23636 |
| meaning specified in rules adopted under section 5111.011 of the | 23637 |
| Revised Code. | 23638 |
| (B) Except as provided by division (C) of this section and | 23639 |
| for the purpose of determining whether an aged, blind, or disabled | 23640 |
| individual is eligible for nursing facility services, ICF/MR | 23641 |
| services, or other medicaid-funded long-term care services, the | 23642 |
| director of job and family services may consider an aged, blind, | 23643 |
| or disabled individual's real property to not be the individual's | 23644 |
| homestead or principal place of residence once the individual has | 23645 |
| resided in a nursing facility, intermediate care facility for the | 23646 |
| mentally retarded, or other medical institution for at least | 23647 |
| thirteen months. | 23648 |
| (C) Division (B) of this section does not apply to an | 23649 |
| individual if any of the following reside in the individual's real | 23650 |
| property that, because of this division, continues to be | 23651 |
| considered the individual's homestead or principal place of | 23652 |
| residence: | 23653 |
| (1) The individual's spouse; | 23654 |
| (2) The individual's child if any of the following apply: | 23655 |
| (a) The child is under twenty-one years of age. | 23656 |
| (b) The child is considered blind or disabled under 42 U.S.C. | 23657 |
| 1382c. | 23658 |
| (c) The child is financially dependent on the individual for | 23659 |
| housing as determined in accordance with rules adopted under | 23660 |
| section 5111.011 of the Revised Code. | 23661 |
| (3) The individual's sibling if the sibling has a verified | 23662 |
| equity interest in the real property and resided in the real | 23663 |
| property for at least one year immediately before the date the | 23664 |
| individual was admitted to the nursing facility, intermediate care | 23665 |
| facility for the mentally retarded, or other medical institution. | 23666 |
| Sec. 5111.0118. (A) Except as otherwise provided by this | 23667 |
| section, no individual shall qualify for nursing facility services | 23668 |
| or other medicaid-funded long-term care services if the | 23669 |
| individual's equity interest in the individual's home exceeds five | 23670 |
| hundred thousand dollars. The director of job and family services | 23671 |
| shall increase this amount effective January 1, 2011, and the | 23672 |
| first day of each year thereafter, by the percentage increase in | 23673 |
| the consumer price index for all urban consumers (all items; | 23674 |
| United States city average), rounded to the nearest one thousand | 23675 |
| dollars. | 23676 |
| (B) This section does not apply to an individual if either of | 23677 |
| the following applies: | 23678 |
| (1) Either of the following lawfully reside in the | 23679 |
| individual's home: | 23680 |
| (a) The individual's spouse; | 23681 |
| (b) The individual's child if the child is under twenty-one | 23682 |
| years of age or, under 42 U.S.C. 1382c, considered blind or | 23683 |
| disabled. | 23684 |
| (2) The individual qualifies, pursuant to the process | 23685 |
| established under division (C) of this section, for a waiver of | 23686 |
| this section due to a demonstrated hardship. | 23687 |
| (C) The director shall establish a process by which | 23688 |
| individuals may obtain a waiver of this section due to a | 23689 |
| demonstrated hardship. The process shall be consistent with the | 23690 |
| process for such waivers established by the United States | 23691 |
| secretary of health and human services under 42 U.S.C. | 23692 |
| 1396p(f)(4). | 23693 |
| (D) Nothing in this section shall be construed as preventing | 23694 |
| an individual from using a reverse mortgage or home equity loan to | 23695 |
| reduce the individual's total equity interest in the home. | 23696 |
| Sec. 5111.061. (A) The department of job and family services | 23697 |
| may recover a medicaid payment or portion of a payment made to a | 23698 |
| provider to which the provider is not entitled | 23699 |
| 23700 | |
| overpayment during the five-year period immediately following the | 23701 |
| end of the state fiscal year in which the overpayment was made. | 23702 |
| (B) Among the overpayments that may be recovered under this | 23703 |
| section are the following: | 23704 |
| (1) Payment for a service, or a day of service, not rendered; | 23705 |
| (2) Payment for a day of service at a full per diem rate that | 23706 |
| should have been paid at a percentage of the full per diem rate; | 23707 |
| (3) Payment for a service, or day of service, that was paid | 23708 |
| by, or partially paid by, a third-party, as defined in section | 23709 |
| 5101.571 of the Revised Code, and the third-party's payment or | 23710 |
| partial payment was not offset against the amount paid by the | 23711 |
| medicaid program to reduce or eliminate the amount that was paid | 23712 |
| by the medicaid program; | 23713 |
| (4) Payment when a medicaid recipient's responsibility for | 23714 |
| payment was understated and resulted in an overpayment to the | 23715 |
| provider. | 23716 |
| (C) | 23717 |
| 23718 | |
| section prior to or after any of the following: | 23719 |
| (1) Adjudication of a final fiscal audit that section 5111.06 | 23720 |
| of the Revised Code requires to be conducted in accordance with | 23721 |
| Chapter 119. of the Revised Code; | 23722 |
| (2) Adjudication of a finding under any other provision of | 23723 |
| this chapter or the rules adopted under it; | 23724 |
| (3) Expiration of the time to issue a final fiscal audit that | 23725 |
| section 5111.06 of the Revised Code requires to be conducted in | 23726 |
| accordance with Chapter 119. of the Revised Code; | 23727 |
| (4) Expiration of the time to issue a finding under any other | 23728 |
| provision of this chapter or the rules adopted under it. | 23729 |
| (D)(1) Subject to division (D)(2) of this section, the | 23730 |
| recovery of an overpayment under this section does not preclude | 23731 |
| the department from subsequently doing the following: | 23732 |
| (a) Issuing a final fiscal audit in accordance with Chapter | 23733 |
| 119. of the Revised Code, as required under section 5111.06 of the | 23734 |
| Revised Code; | 23735 |
| (b) Issuing a finding under any other provision of this | 23736 |
| chapter or the rules adopted under it. | 23737 |
| (2) A final fiscal audit or finding issued subsequent to the | 23738 |
| recovery of an overpayment under this section shall be reduced by | 23739 |
| the amount of the prior recovery, as appropriate. | 23740 |
| (E) Nothing in this section limits the department's authority | 23741 |
| to recover overpayments pursuant to any other provision of the | 23742 |
| Revised Code. | 23743 |
| | 23744 |
| services, in rules adopted under section 5111.02 of the Revised | 23745 |
| Code, may establish and implement a supplemental drug rebate | 23746 |
| program under which drug manufacturers may be required to provide | 23747 |
| the department of job and family services a supplemental rebate as | 23748 |
| a condition of having the drug manufacturers' drug products | 23749 |
| covered by the medicaid program without prior approval. The | 23750 |
| department may receive a supplemental rebate negotiated under the | 23751 |
| program for a drug dispensed to a medicaid recipient pursuant to a | 23752 |
| prescription or a drug purchased by a medicaid provider for | 23753 |
| administration to a medicaid recipient in the provider's primary | 23754 |
| place of business. If necessary, the director may apply to the | 23755 |
| United States secretary of health and human services for a waiver | 23756 |
| of federal statutes and regulations to establish the supplemental | 23757 |
| drug rebate program. | 23758 |
| If the director establishes a supplemental drug rebate | 23759 |
| program, the director shall consult with drug manufacturers | 23760 |
| regarding the establishment and implementation of the program. | 23761 |
| | 23762 |
| (1) "State maximum allowable cost" means the per unit amount | 23763 |
| the department of job and family services reimburses a terminal | 23764 |
| distributor of dangerous drugs for a prescription drug included in | 23765 |
| the state maximum allowable cost program established under | 23766 |
| division (B) of this section. "State maximum allowable cost" | 23767 |
| excludes dispensing fees and copayments, coinsurance, or other | 23768 |
| cost-sharing charges, if any. | 23769 |
| (2) "Terminal distributor of dangerous drugs" has the same | 23770 |
| meaning as in section 4729.01 of the Revised Code. | 23771 |
| (B) The director of job and family services shall establish a | 23772 |
| state maximum allowable cost program for purposes of managing | 23773 |
| reimbursement to terminal distributors of dangerous drugs for | 23774 |
| prescription drugs identified by the director pursuant to this | 23775 |
| division. The director shall do all of the following with respect | 23776 |
| to the program: | 23777 |
| (1) Identify and create a list of prescription drugs to be | 23778 |
| included in the program. | 23779 |
| (2) Update the list of prescription drugs described in | 23780 |
| division (B)(1) of this section on a weekly basis. | 23781 |
| (3) Review the state maximum allowable cost for each drug | 23782 |
| included on the list described in division (B)(1) of this section | 23783 |
| on a weekly basis. | 23784 |
| (C) The director may adopt rules in accordance with Chapter | 23785 |
| 119. of the Revised Code to implement this section. | 23786 |
| | 23787 |
| "licensed health professional authorized to prescribe drugs" has | 23788 |
| the same meaning as in section 4729.01 of the Revised Code. | 23789 |
| (B) The director of job and family services may establish an | 23790 |
| e-prescribing system for the medicaid program under which a | 23791 |
| medicaid provider who is a licensed health professional authorized | 23792 |
| to prescribe drugs shall use an electronic system to prescribe a | 23793 |
| drug for a medicaid recipient when required to do so by division | 23794 |
| (C) of this section. The e-prescribing system shall eliminate the | 23795 |
| need for such medicaid providers to make prescriptions for | 23796 |
| medicaid recipients by handwriting or telephone. The e-prescribing | 23797 |
| system also shall provide such medicaid providers with an | 23798 |
| up-to-date, clinically relevant drug information database and a | 23799 |
| system of electronically monitoring medicaid recipients' medical | 23800 |
| history, drug regimen compliance, and fraud and abuse. | 23801 |
| (C) If the director establishes an e-prescribing system under | 23802 |
| division (B) of this section, the director shall do all of the | 23803 |
| following: | 23804 |
| (1) Require that a medicaid provider who is a licensed health | 23805 |
| professional authorized to prescribe drugs use the e-prescribing | 23806 |
| system during a fiscal year if the medicaid provider was one of | 23807 |
| the ten medicaid providers who, during the calendar year that | 23808 |
| precedes that fiscal year, issued the most prescriptions for | 23809 |
| medicaid recipients receiving hospital services; | 23810 |
| (2) Before the beginning of each fiscal year, determine the | 23811 |
| ten medicaid providers that issued the most prescriptions for | 23812 |
| medicaid recipients receiving hospital services during the | 23813 |
| calendar year that precedes the upcoming fiscal year and notify | 23814 |
| those medicaid providers that they must use the e-prescribing | 23815 |
| system for the upcoming fiscal year; | 23816 |
| (3) Seek the most federal financial participation available | 23817 |
| for the development and implementation of the e-prescribing | 23818 |
| system. | 23819 |
| | 23820 |
| pharmacy and therapeutics committee of the department of job and | 23821 |
| family services. The committee shall consist of nine members and | 23822 |
| shall be appointed by the director of job and family services. The | 23823 |
| membership of the committee shall include: three pharmacists | 23824 |
| licensed under Chapter 4729. of the Revised Code; two doctors of | 23825 |
| medicine and two doctors of osteopathy licensed under Chapter | 23826 |
| 4731. of the Revised Code; a registered nurse licensed under | 23827 |
| Chapter 4723. of the Revised Code; and a pharmacologist who has a | 23828 |
| doctoral degree. The committee shall elect one of its members as | 23829 |
| chairperson. | 23830 |
| Sec. 5111.101. (A) As used in this section, "federal health | 23831 |
| care programs" has the same meaning as in 42 U.S.C. 1320a-7b(f). | 23832 |
| (B) Each person and government entity that receives or makes | 23833 |
| medicaid payments in a calendar year that total five million | 23834 |
| dollars or more shall, as a condition of receiving such payments, | 23835 |
| do all of the following: | 23836 |
| (1) Provide each of the person or government entity's | 23837 |
| employees (including management employees), contractors, and | 23838 |
| agents, detailed, written information about the role of all of the | 23839 |
| following in preventing and detecting fraud, waste, and abuse in | 23840 |
| federal health care programs: | 23841 |
| (a) Federal false claims law under 31 U.S.C. 3729 to 3733; | 23842 |
| (b) Federal administrative remedies for false claims and | 23843 |
| statements available under 31 U.S.C. 3801 to 3812; | 23844 |
| (c) Sections 124.341, 2913.40, 2913.401, and 2921.13 of the | 23845 |
| Revised Code and any other state laws pertaining to civil or | 23846 |
| criminal penalties for false claims and statements; | 23847 |
| (d) Whistleblower protections under the laws specified in | 23848 |
| divisions (B)(1)(a) to (c) of this section. | 23849 |
| (2) Include in the written information provided under | 23850 |
| division (B)(1) of this section detailed information about the | 23851 |
| person or government entity's policies and procedures for | 23852 |
| preventing and detecting fraud, waste, and abuse. | 23853 |
| (3) Include in the person or government entity's employee | 23854 |
| handbook a specific discussion of the laws specified in division | 23855 |
| (B)(1) of this section, the rights of employees to be protected as | 23856 |
| whistleblowers, and the person or government entity's policies and | 23857 |
| procedures for preventing and detecting fraud, waste, and abuse. | 23858 |
| Sec. 5111.11. (A) As used in this section and section | 23859 |
| 5111.111 of the Revised Code: | 23860 |
| (1) "Estate" includes both of the following: | 23861 |
| (a) All real and personal property and other assets to be | 23862 |
| administered under Title XXI of the Revised Code and property that | 23863 |
| would be administered under that title if not for section 2113.03 | 23864 |
| or 2113.031 of the Revised Code; | 23865 |
| (b) Any other real and personal property and other assets in | 23866 |
| which an individual had any legal title or interest at the time of | 23867 |
| death (to the extent of the interest), including assets conveyed | 23868 |
| to a survivor, heir, or assign of the individual through joint | 23869 |
| tenancy, tenancy in common, survivorship, life estate, living | 23870 |
| trust, or other arrangement. | 23871 |
| (2) "Institution" means a nursing facility, intermediate care | 23872 |
| facility for the mentally retarded, or a medical institution. | 23873 |
| (3) "Intermediate care facility for the mentally retarded" | 23874 |
| and "nursing facility" have the same meanings as in section | 23875 |
| 5111.20 of the Revised Code. | 23876 |
| (4) "Permanently institutionalized individual" means an | 23877 |
| individual to whom all of the following apply: | 23878 |
| (a) Is an inpatient in an institution; | 23879 |
| (b) Is required, as a condition of the medicaid program | 23880 |
| paying for the individual's services in the institution, to spend | 23881 |
| for costs of medical or nursing care all of the individual's | 23882 |
| income except for an amount for personal needs specified by the | 23883 |
| department of job and family services; | 23884 |
| (c) Cannot reasonably be expected to be discharged from the | 23885 |
| institution and return home as determined by the department of job | 23886 |
| and family services. | 23887 |
| (5) "Qualified state long-term care insurance partnership | 23888 |
| program" means the program established under section 5111.18 of | 23889 |
| the Revised Code. | 23890 |
| (6) "Time of death" shall not be construed to mean a time | 23891 |
| after which a legal title or interest in real or personal property | 23892 |
| or other asset may pass by survivorship or other operation of law | 23893 |
| due to the death of the decedent or terminate by reason of the | 23894 |
| decedent's death. | 23895 |
| (B) To the extent permitted by federal law, the department of | 23896 |
| job and family services shall institute an estate recovery program | 23897 |
| under which the department shall, except as provided in divisions | 23898 |
| (C) | 23899 |
| (1) For the costs of medicaid services the medicaid program | 23900 |
| correctly paid or will pay on behalf of a permanently | 23901 |
| institutionalized individual of any age, seek adjustment or | 23902 |
| recovery from the individual's estate or on the sale of property | 23903 |
| of the individual or spouse that is subject to a lien imposed | 23904 |
| under section 5111.111 of the Revised Code; | 23905 |
| (2) For the costs of medicaid services the medicaid program | 23906 |
| correctly paid or will pay on behalf of an individual fifty-five | 23907 |
| years of age or older who is not a permanently institutionalized | 23908 |
| individual, seek adjustment or recovery from the individual's | 23909 |
| estate. | 23910 |
| (C)(1) No adjustment or recovery may be made under division | 23911 |
| (B)(1) of this section from a permanently institutionalized | 23912 |
| individual's estate or on the sale of property of a permanently | 23913 |
| institutionalized individual that is subject to a lien imposed | 23914 |
| under section 5111.111 of the Revised Code or under division | 23915 |
| (B)(2) of this section from an individual's estate while either of | 23916 |
| the following are alive: | 23917 |
| (a) The spouse of the permanently institutionalized | 23918 |
| individual or individual; | 23919 |
| (b) The son or daughter of a permanently institutionalized | 23920 |
| individual or individual if the son or daughter is under age | 23921 |
| twenty-one or, under 42 U.S.C. 1382c, is considered blind or | 23922 |
| disabled. | 23923 |
| (2) No adjustment or recovery may be made under division | 23924 |
| (B)(1) of this section from a permanently institutionalized | 23925 |
| individual's home that is subject to a lien imposed under section | 23926 |
| 5111.111 of the Revised Code while either of the following | 23927 |
| lawfully reside in the home: | 23928 |
| (a) The permanently institutionalized individual's sibling | 23929 |
| who resided in the home for at least one year immediately before | 23930 |
| the date of the permanently institutionalized individual's | 23931 |
| admission to the institution and on a continuous basis since that | 23932 |
| time; | 23933 |
| (b) The permanently institutionalized individual's son or | 23934 |
| daughter who provided care to the permanently institutionalized | 23935 |
| individual that delayed the permanently institutionalized | 23936 |
| individual's institutionalization and resided in the home for at | 23937 |
| least two years immediately before the date of the permanently | 23938 |
| institutionalized individual's admission to the institution and on | 23939 |
| a continuous basis since that time. | 23940 |
| (D) In the case of a participant of the qualified state | 23941 |
| long-term care insurance partnership program, adjustment or | 23942 |
| recovery required by this section may be reduced in accordance | 23943 |
| with rules adopted under division (G) of this section. | 23944 |
| (E) The department shall, in accordance with procedures and | 23945 |
| criteria established in rules adopted under division (G) of this | 23946 |
| section, waive seeking an adjustment or recovery otherwise | 23947 |
| required by this section if the director of job and family | 23948 |
| services determines that adjustment or recovery would work an | 23949 |
| undue hardship. The department may limit the duration of the | 23950 |
| waiver to the period during which the undue hardship exists. | 23951 |
| | 23952 |
| 23953 | |
| 23954 | |
| 23955 | |
| 23956 | |
| 23957 | |
| 23958 |
| | 23959 |
| meets the definition of "permanently institutionalized individual" | 23960 |
| established for this section, a rebuttable presumption exists that | 23961 |
| the individual cannot reasonably be expected to be discharged from | 23962 |
| an institution and return home if either of the following is the | 23963 |
| case: | 23964 |
| (1) The individual declares that he or she does not intend to | 23965 |
| return home. | 23966 |
| (2) The individual has been an inpatient in an institution | 23967 |
| for at least six months. | 23968 |
| (G) The director of job and family services shall adopt rules | 23969 |
| in accordance with Chapter 119. of the Revised Code regarding the | 23970 |
| estate recovery program, including rules that do both of the | 23971 |
| following: | 23972 |
| (1) For the purpose of division (D) of this section and | 23973 |
| consistent with 42 U.S.C. 1396p(b)(1)(C), provide for reducing an | 23974 |
| adjustment or recovery in the case of a participant of the | 23975 |
| qualified state long-term care insurance partnership program; | 23976 |
| (2) For the purpose of division (E) of this section and | 23977 |
| consistent with the standards specified by the United States | 23978 |
| secretary of health and human services under 42 U.S.C. | 23979 |
| 1396p(b)(3), establish procedures and criteria for waiving | 23980 |
| adjustment or recovery due to an undue hardship. | 23981 |
| Sec. 5111.151. (A) This section applies to eligibility | 23982 |
| determinations for all cases involving | 23983 |
| provided pursuant to this chapter, qualified medicare | 23984 |
| beneficiaries, specified low-income medicare beneficiaries, | 23985 |
| qualifying individuals-1, qualifying individuals-2, and medical | 23986 |
| assistance for covered families and children. | 23987 |
| (B) As used in this section: | 23988 |
| (1) "Trust" means any arrangement in which a grantor | 23989 |
| transfers real or personal property to a trust with the intention | 23990 |
| that it be held, managed, or administered by at least one trustee | 23991 |
| for the benefit of the grantor or beneficiaries. "Trust" includes | 23992 |
| any legal instrument or device similar to a trust. | 23993 |
| (2) "Legal instrument or device similar to a trust" includes, | 23994 |
| but is not limited to, escrow accounts, investment accounts, | 23995 |
| partnerships, contracts, and other similar arrangements that are | 23996 |
| not called trusts under state law but are similar to a trust and | 23997 |
| to which all of the following apply: | 23998 |
| (a) The property in the trust is held, managed, retained, or | 23999 |
| administered by a trustee. | 24000 |
| (b) The trustee has an equitable, legal, or fiduciary duty to | 24001 |
| hold, manage, retain, or administer the property for the benefit | 24002 |
| of the beneficiary. | 24003 |
| (c) The trustee holds identifiable property for the | 24004 |
| beneficiary. | 24005 |
| (3) "Grantor" is a person who creates a trust, including all | 24006 |
| of the following: | 24007 |
| (a) An individual; | 24008 |
| (b) An individual's spouse; | 24009 |
| (c) A person, including a court or administrative body, with | 24010 |
| legal authority to act in place of or on behalf of an individual | 24011 |
| or an individual's spouse; | 24012 |
| (d) A person, including a court or administrative body, that | 24013 |
| acts at the direction or on request of an individual or the | 24014 |
| individual's spouse. | 24015 |
| (4) "Beneficiary" is a person or persons, including a | 24016 |
| grantor, who benefits in some way from a trust. | 24017 |
| (5) "Trustee" is a person who manages a trust's principal and | 24018 |
| income for the benefit of the beneficiaries. | 24019 |
| (6) "Person" has the same meaning as in section 1.59 of the | 24020 |
| Revised Code and includes an individual, corporation, business | 24021 |
| trust, estate, trust, partnership, and association. | 24022 |
|
(7) "Applicant" is an individual who applies for | 24023 |
| 24024 |
|
(8) "Recipient" is an individual who receives | 24025 |
| 24026 |
| (9) "Revocable trust" is a trust that can be revoked by the | 24027 |
| grantor or the beneficiary, including all of the following, even | 24028 |
| if the terms of the trust state that it is irrevocable: | 24029 |
| (a) A trust that provides that the trust can be terminated | 24030 |
| only by a court; | 24031 |
| (b) A trust that terminates on the happening of an event, but | 24032 |
| only if the event occurs at the direction or control of the | 24033 |
| grantor, beneficiary, or trustee. | 24034 |
| (10) "Irrevocable trust" is a trust that cannot be revoked by | 24035 |
| the grantor or terminated by a court and that terminates only on | 24036 |
| the occurrence of an event outside of the control or direction of | 24037 |
| the beneficiary or grantor. | 24038 |
| (11) "Payment" is any disbursal from the principal or income | 24039 |
| of the trust, including actual cash, noncash or property | 24040 |
| disbursements, or the right to use and occupy real property. | 24041 |
| (12) "Payments to or for the benefit of the applicant or | 24042 |
| recipient" is a payment to any person resulting in a direct or | 24043 |
| indirect benefit to the applicant or recipient. | 24044 |
| (13) "Testamentary trust" is a trust that is established by a | 24045 |
| will and does not take effect until after the death of the person | 24046 |
| who created the trust. | 24047 |
| (C) If an applicant or recipient is a beneficiary of a trust, | 24048 |
| the county department of job and family services shall determine | 24049 |
| what type of trust it is and shall treat the trust in accordance | 24050 |
| with the appropriate provisions of this section and rules adopted | 24051 |
| by the department of job and family services governing trusts. The | 24052 |
| county department of job and family services may determine that | 24053 |
| the trust or portion of the trust is one of the following: | 24054 |
| (1) A countable resource; | 24055 |
| (2) Countable income; | 24056 |
| (3) A countable resource and countable income; | 24057 |
| (4) Not a countable resource or countable income. | 24058 |
| (D)(1) A trust or legal instrument or device similar to a | 24059 |
| trust shall be considered a medicaid qualifying trust if all of | 24060 |
| the following apply: | 24061 |
| (a) The trust was established on or prior to August 10, 1993. | 24062 |
| (b) The trust was not established by a will. | 24063 |
| (c) The trust was established by an applicant or recipient. | 24064 |
| (d) The applicant or recipient is or may become the | 24065 |
| beneficiary of all or part of the trust. | 24066 |
| (e) Payment from the trust is determined by one or more | 24067 |
| trustees who are permitted to exercise any discretion with respect | 24068 |
| to the distribution to the applicant or recipient. | 24069 |
| (2) If a trust meets the requirement of division (D)(1) of | 24070 |
| this section, the amount of the trust that is considered by the | 24071 |
| county department of job and family services as an available | 24072 |
| resource to the applicant or recipient shall be the maximum amount | 24073 |
| of payments permitted under the terms of the trust to be | 24074 |
| distributed to the applicant or recipient, assuming the full | 24075 |
| exercise of discretion by the trustee or trustees. The maximum | 24076 |
| amount shall include only amounts that are permitted to be | 24077 |
| distributed but are not distributed from either the income or | 24078 |
| principal of the trust. | 24079 |
| (3) Amounts that are actually distributed from a | 24080 |
| medicaid qualifying trust to a beneficiary for any purpose shall | 24081 |
| be treated in accordance with rules adopted by the department of | 24082 |
| job and family services governing income. | 24083 |
| (4) Availability of a medicaid qualifying trust shall be | 24084 |
| considered without regard to any of the following: | 24085 |
| (a) Whether or not the trust is irrevocable or was | 24086 |
| established for purposes other than to enable a grantor to qualify | 24087 |
| for medicaid, medical assistance for covered families and | 24088 |
| children, or as a qualified medicare beneficiary, specified | 24089 |
| low-income medicare beneficiary, qualifying individual-1, or | 24090 |
| qualifying individual-2; | 24091 |
| (b) Whether or not the trustee actually exercises discretion. | 24092 |
| (5) If any real or personal property is transferred to a | 24093 |
| medicaid qualifying trust that is not distributable to the | 24094 |
| applicant or recipient, the transfer shall be considered an | 24095 |
| improper | 24096 |
| subject to section 5111.0116 of the Revised Code and rules to | 24097 |
| implement that section adopted | 24098 |
| 24099 | |
| 5111.011 of the Revised Code. | 24100 |
| (6) The baseline date for the look-back period for | 24101 |
| disposition of assets involving a medicaid qualifying trust shall | 24102 |
| be the date on which the applicant or recipient is both | 24103 |
| institutionalized and first applies for | 24104 |
| 24105 | |
| 24106 |
| | 24107 |
| 24108 | |
| 24109 | |
| 24110 | |
| 24111 | |
| 24112 | |
| 24113 | |
| 24114 |
| | 24115 |
| 24116 | |
| 24117 | |
| 24118 | |
| 24119 | |
| 24120 | |
| 24121 | |
| 24122 | |
| 24123 | |
| 24124 |
| | 24125 |
| 24126 | |
| 24127 | |
| 24128 | |
| 24129 | |
| 24130 | |
| 24131 | |
| 24132 |
| (E)(1) A trust or legal instrument or device similar to a | 24133 |
| trust shall be considered a self-settled trust if all of the | 24134 |
| following apply: | 24135 |
| (a) The trust was established on or after August 11, 1993. | 24136 |
| (b) The trust was not established by a will. | 24137 |
| (c) The trust was established by an applicant or recipient, | 24138 |
| spouse of an applicant or recipient, or a person, including a | 24139 |
| court or administrative body, with legal authority to act in place | 24140 |
| of or on behalf of an applicant, recipient, or spouse, or acting | 24141 |
| at the direction or on request of an applicant, recipient, or | 24142 |
| spouse. | 24143 |
| (2) A trust that meets the requirements of division (E)(1) of | 24144 |
| this section and is a revocable trust shall be treated by the | 24145 |
| county department of job and family services as follows: | 24146 |
| (a) The corpus of the trust shall be considered a resource | 24147 |
| available to the applicant or recipient. | 24148 |
| (b) Payments from the trust to or for the benefit of the | 24149 |
| applicant or recipient shall be considered unearned income of the | 24150 |
| applicant or recipient. | 24151 |
| (c) Any other payments from the trust shall be considered an | 24152 |
| improper | 24153 |
| subject to section 5111.0116 of the Revised Code and rules to | 24154 |
| implement that section adopted | 24155 |
| 24156 | |
| 5111.011 of the Revised Code. | 24157 |
| (3) A trust that meets the requirements of division (E)(1) of | 24158 |
| this section and is an irrevocable trust shall be treated by the | 24159 |
| county department of job and family services as follows: | 24160 |
| (a) If there are any circumstances under which payment from | 24161 |
| the trust could be made to or for the benefit of the applicant or | 24162 |
| recipient, including a payment that can be made only in the | 24163 |
| future, the portion from which payments could be made shall be | 24164 |
| considered a resource available to the applicant or recipient. The | 24165 |
| county department of job and family services shall not take into | 24166 |
| account when payments can be made. | 24167 |
| (b) Any payment that is actually made to or for the benefit | 24168 |
| of the applicant or recipient from either the corpus or income | 24169 |
| shall be considered unearned income. | 24170 |
| (c) If a payment is made to someone other than to the | 24171 |
| applicant or recipient and the payment is not for the benefit of | 24172 |
| the applicant or recipient, the payment shall be considered an | 24173 |
| improper | 24174 |
| subject to section 5111.0116 of the Revised Code and rules to | 24175 |
| implement that section adopted | 24176 |
| 24177 | |
| 5111.011 of the Revised Code. | 24178 |
|
(d) The date of the | 24179 |
| of the date of establishment of the trust or the date of the | 24180 |
| occurrence of the event. | 24181 |
|
(e) When determining the value of the | 24182 |
| disposed asset under this provision, the value of the trust shall | 24183 |
| be its value on the date payment to the applicant or recipient was | 24184 |
| foreclosed. | 24185 |
| (f) Any income earned or other resources added subsequent to | 24186 |
| the foreclosure date shall be added to the total value of the | 24187 |
| trust. | 24188 |
| (g) Any payments to or for the benefit of the applicant or | 24189 |
| recipient after the foreclosure date but prior to the application | 24190 |
| date shall be subtracted from the total value. Any other payments | 24191 |
| shall not be subtracted from the value. | 24192 |
|
(h) Any addition of | 24193 |
| date shall be considered a separate | 24194 |
| (4) If a trust is funded with assets of another person or | 24195 |
| persons in addition to assets of the applicant or recipient, the | 24196 |
| applicable provisions of this section and rules adopted by the | 24197 |
| department of job and family services governing trusts shall apply | 24198 |
| only to the portion of the trust attributable to the applicant or | 24199 |
| recipient. | 24200 |
| (5) The availability of a self-settled trust shall be | 24201 |
| considered without regard to any of the following: | 24202 |
| (a) The purpose for which the trust is established; | 24203 |
| (b) Whether the trustees have exercised or may exercise | 24204 |
| discretion under the trust; | 24205 |
| (c) Any restrictions on when or whether distributions may be | 24206 |
| made from the trust; | 24207 |
| (d) Any restrictions on the use of distributions from the | 24208 |
| trust. | 24209 |
|
(6) The baseline date for the look-back period for | 24210 |
| dispositions of assets involving a self-settled trust shall be the | 24211 |
| date on which the applicant or recipient is both institutionalized | 24212 |
| and first applies for | 24213 |
| 24214 | |
| 24215 |
| | 24216 |
| 24217 | |
| 24218 | |
| 24219 | |
| 24220 | |
| 24221 | |
| 24222 | |
| 24223 |
| | 24224 |
| 24225 | |
| 24226 | |
| 24227 | |
| 24228 | |
| 24229 | |
| 24230 | |
| 24231 | |
| 24232 | |
| 24233 |
| | 24234 |
| 24235 | |
| 24236 | |
| 24237 | |
| 24238 | |
| 24239 | |
| 24240 | |
| 24241 |
| (F) The principal or income from any of the following shall | 24242 |
| be exempt from being counted as a resource by a county department | 24243 |
| of job and family services: | 24244 |
| (1)(a) A special needs trust that meets all of the following | 24245 |
| requirements: | 24246 |
| (i) The trust contains assets of an applicant or recipient | 24247 |
| under sixty-five years of age and may contain the assets of other | 24248 |
| individuals. | 24249 |
| (ii) The applicant or recipient is disabled as defined in | 24250 |
| rules adopted by the department of job and family services. | 24251 |
| (iii) The trust is established for the benefit of the | 24252 |
| applicant or recipient by a parent, grandparent, legal guardian, | 24253 |
| or a court. | 24254 |
| (iv) The trust requires that on the death of the applicant or | 24255 |
| recipient the state will receive all amounts remaining in the | 24256 |
| trust up to an amount equal to the total amount of | 24257 |
| 24258 |
| (b) If a special needs trust meets the requirements of | 24259 |
| division (F)(1)(a) of this section and has been established for a | 24260 |
| disabled applicant or recipient under sixty-five years of age, the | 24261 |
| exemption for the trust granted pursuant to division (F) of this | 24262 |
| section shall continue after the disabled applicant or recipient | 24263 |
| becomes sixty-five years of age if the applicant or recipient | 24264 |
| continues to be disabled as defined in rules adopted by the | 24265 |
| department of job and family services. Except for income earned by | 24266 |
| the trust, the grantor shall not add to or otherwise augment the | 24267 |
| trust after the applicant or recipient attains sixty-five years of | 24268 |
| age. An addition or augmentation of the trust by the applicant or | 24269 |
| recipient with the applicant's own assets after the applicant or | 24270 |
| recipient attains sixty-five years of age shall be treated as an | 24271 |
| improper | 24272 |
| (c) Cash distributions to the applicant or recipient shall be | 24273 |
| counted as unearned income. All other distributions from the trust | 24274 |
| shall be treated as provided in rules adopted by the department of | 24275 |
| job and family services governing in-kind income. | 24276 |
| (d) Transfers of assets to a special needs trust shall not be | 24277 |
| treated as an improper transfer of resources. Assets held prior to | 24278 |
| the transfer to the trust shall be considered as countable assets | 24279 |
| or countable income or countable assets and income. | 24280 |
| (2)(a) A qualifying income trust that meets all of the | 24281 |
| following requirements: | 24282 |
| (i) The trust is composed only of pension, social security, | 24283 |
| and other income to the applicant or recipient, including | 24284 |
| accumulated interest in the trust. | 24285 |
| (ii) The income is received by the individual and the right | 24286 |
| to receive the income is not assigned or transferred to the trust. | 24287 |
| (iii) The trust requires that on the death of the applicant | 24288 |
| or recipient the state will receive all amounts remaining in the | 24289 |
| trust up to an amount equal to the total amount of | 24290 |
| 24291 |
| (b) No resources shall be used to establish or augment the | 24292 |
| trust. | 24293 |
| (c) If an applicant or recipient has irrevocably transferred | 24294 |
| or assigned the applicant's or recipient's right to receive income | 24295 |
| to the trust, the trust shall not be considered a qualifying | 24296 |
| income trust by the county department of job and family services. | 24297 |
| (d) Income placed in a qualifying income trust shall not be | 24298 |
| counted in determining an applicant's or recipient's eligibility | 24299 |
| for | 24300 |
| place any income directly into a qualifying income trust without | 24301 |
| those funds adversely affecting the applicant's or recipient's | 24302 |
| eligibility for | 24303 |
| the trust that remains in the trust shall not be considered as | 24304 |
| income to the applicant or recipient. | 24305 |
| (e) All income placed in a qualifying income trust shall be | 24306 |
| combined with any countable income not placed in the trust to | 24307 |
| arrive at a base income figure to be used for spend down | 24308 |
| calculations. | 24309 |
| (f) The base income figure shall be used for post-eligibility | 24310 |
| deductions, including personal needs allowance, monthly income | 24311 |
| allowance, family allowance, and medical expenses not subject to | 24312 |
| third party payment. Any income remaining shall be used toward | 24313 |
| payment of patient liability. Payments made from a qualifying | 24314 |
| income trust shall not be combined with the base income figure for | 24315 |
| post-eligibility calculations. | 24316 |
| (g) The base income figure shall be used when determining the | 24317 |
| spend down budget for the applicant or recipient. Any income | 24318 |
| remaining after allowable deductions are permitted as provided | 24319 |
| under rules adopted by the department of job and family services | 24320 |
| shall be considered the applicant's or recipient's spend down | 24321 |
| liability. | 24322 |
| (3)(a) A pooled trust that meets all of the following | 24323 |
| requirements: | 24324 |
| (i) The trust contains the assets of the applicant or | 24325 |
| recipient of any age who is disabled as defined in rules adopted | 24326 |
| by the department of job and family services. | 24327 |
| (ii) The trust is established and managed by a nonprofit | 24328 |
| association. | 24329 |
| (iii) A separate account is maintained for each beneficiary | 24330 |
| of the trust but, for purposes of investment and management of | 24331 |
| funds, the trust pools the funds in these accounts. | 24332 |
| (iv) Accounts in the trust are established by the applicant | 24333 |
| or recipient, the applicant's or recipient's parent, grandparent, | 24334 |
| or legal guardian, or a court solely for the benefit of | 24335 |
| individuals who are disabled. | 24336 |
| (v) The trust requires that, to the extent that any amounts | 24337 |
| remaining in the beneficiary's account on the death of the | 24338 |
| beneficiary are not retained by the trust, the trust pay to the | 24339 |
| state the amounts remaining in the trust up to an amount equal to | 24340 |
| the total amount of | 24341 |
| the beneficiary. | 24342 |
| (b) Cash distributions to the applicant or recipient shall be | 24343 |
| counted as unearned income. All other distributions from the trust | 24344 |
| shall be treated as provided in rules adopted by the department of | 24345 |
| job and family services governing in-kind income. | 24346 |
| (c) Transfers of assets to a pooled trust shall not be | 24347 |
| treated as an improper | 24348 |
| Assets held prior to the transfer to the trust shall be considered | 24349 |
| as countable assets, countable income, or countable assets and | 24350 |
| income. | 24351 |
| (4) A supplemental services trust that meets the requirements | 24352 |
| of section 1339.51 of the Revised Code and to which all of the | 24353 |
| following apply: | 24354 |
| (a) A person may establish a supplemental services trust | 24355 |
| pursuant to section 1339.51 of the Revised Code only for another | 24356 |
| person who is eligible to receive services through one of the | 24357 |
| following agencies: | 24358 |
| (i) The department of mental retardation and developmental | 24359 |
| disabilities; | 24360 |
| (ii) A county board of mental retardation and developmental | 24361 |
| disabilities; | 24362 |
| (iii) The department of mental health; | 24363 |
| (iv) A board of alcohol, drug addiction, and mental health | 24364 |
| services. | 24365 |
| (b) A county department of job and family services shall not | 24366 |
| determine eligibility for another agency's program. An applicant | 24367 |
| or recipient shall do one of the following: | 24368 |
| (i) Provide documentation from one of the agencies listed in | 24369 |
| division (F)(4)(a) of this section that establishes that the | 24370 |
| applicant or recipient was determined to be eligible for services | 24371 |
| from the agency at the time of the creation of the trust; | 24372 |
| (ii) Provide an order from a court of competent jurisdiction | 24373 |
| that states that the applicant or recipient was eligible for | 24374 |
| services from one of the agencies listed in division (F)(4)(a) of | 24375 |
| this section at the time of the creation of the trust. | 24376 |
| (c) At the time the trust is created, the trust principal | 24377 |
| does not exceed the maximum amount permitted. The maximum amount | 24378 |
| permitted in calendar year | 24379 |
| twenty-two thousand dollars. Each year thereafter, the maximum | 24380 |
| amount permitted is the prior year's amount plus two thousand | 24381 |
| dollars. | 24382 |
| (d) A county department of job and family services shall | 24383 |
| review the trust to determine whether it complies with the | 24384 |
| provisions of section 1339.51 of the Revised Code. | 24385 |
| (e) Payments from supplemental services trusts shall be | 24386 |
| exempt as long as the payments are for supplemental services as | 24387 |
| defined in rules adopted by the department of job and family | 24388 |
| services. All supplemental services shall be purchased by the | 24389 |
| trustee and shall not be purchased through direct cash payments to | 24390 |
| the beneficiary. | 24391 |
| (f) If a trust is represented as a supplemental services | 24392 |
| trust and a county department of job and family services | 24393 |
| determines that the trust does not meet the requirements provided | 24394 |
| in division (F)(4) of this section and section 1339.51 of the | 24395 |
| Revised Code, the county department of job and family services | 24396 |
| shall not consider it an exempt trust. | 24397 |
| (G)(1) A trust or legal instrument or device similar to a | 24398 |
| trust shall be considered a trust established by an individual for | 24399 |
| the benefit of the applicant or recipient if all of the following | 24400 |
| apply: | 24401 |
| (a) The trust is created by a person other than the applicant | 24402 |
| or recipient. | 24403 |
| (b) The trust names the applicant or recipient as a | 24404 |
| beneficiary. | 24405 |
| (c) The trust is funded with assets or property in which the | 24406 |
| applicant or recipient has never held an ownership interest prior | 24407 |
| to the establishment of the trust. | 24408 |
| (2) Any portion of a trust that meets the requirements of | 24409 |
| division (G)(1) of this section shall be an available resource | 24410 |
| only if the trust permits the trustee to expend principal, corpus, | 24411 |
| or assets of the trust for the applicant's or recipient's medical | 24412 |
| care, care, comfort, maintenance, health, welfare, general well | 24413 |
| being, or any combination of these purposes. | 24414 |
| (3) A trust that meets the requirements of division (G)(1) of | 24415 |
| this section shall be considered an available resource even if the | 24416 |
| trust contains any of the following types of provisions: | 24417 |
| (a) A provision that prohibits the trustee from making | 24418 |
| payments that would supplant or replace | 24419 |
| medicaid or other public assistance; | 24420 |
| (b) A provision that prohibits the trustee from making | 24421 |
| payments that would impact or have an effect on the applicant's or | 24422 |
| recipient's right, ability, or opportunity to receive | 24423 |
| 24424 |
| (c) A provision that attempts to prevent the trust or its | 24425 |
| corpus or principal from being counted as an available resource. | 24426 |
| (4) A trust that meets the requirements of division (G)(1) of | 24427 |
| this section shall not be counted as an available resource if at | 24428 |
| least one of the following circumstances applies: | 24429 |
| (a) If a trust contains a clear statement requiring the | 24430 |
| trustee to preserve a portion of the trust for another beneficiary | 24431 |
| or remainderman, that portion of the trust shall not be counted as | 24432 |
| an available resource. Terms of a trust that grant discretion to | 24433 |
| preserve a portion of the trust shall not qualify as a clear | 24434 |
| statement requiring the trustee to preserve a portion of the | 24435 |
| trust. | 24436 |
| (b) If a trust contains a clear statement requiring the | 24437 |
| trustee to use a portion of the trust for a purpose other than | 24438 |
| medical care, care, comfort, maintenance, welfare, or general well | 24439 |
| being of the applicant or recipient, that portion of the trust | 24440 |
| shall not be counted as an available resource. Terms of a trust | 24441 |
| that grant discretion to limit the use of a portion of the trust | 24442 |
| shall not qualify as a clear statement requiring the trustee to | 24443 |
| use a portion of the trust for a particular purpose. | 24444 |
| (c) If a trust contains a clear statement limiting the | 24445 |
| trustee to making fixed periodic payments, the trust shall not be | 24446 |
| counted as an available resource and payments shall be treated in | 24447 |
| accordance with rules adopted by the department of job and family | 24448 |
| services governing income. Terms of a trust that grant discretion | 24449 |
| to limit payments shall not qualify as a clear statement requiring | 24450 |
| the trustee to make fixed periodic payments. | 24451 |
| (d) If a trust contains a clear statement that requires the | 24452 |
| trustee to terminate the trust if it is counted as an available | 24453 |
| resource, the trust shall not be counted as an available resource. | 24454 |
| Terms of a trust that grant discretion to terminate the trust do | 24455 |
| not qualify as a clear statement requiring the trustee to | 24456 |
| terminate the trust. | 24457 |
| (e) If a person obtains a judgment from a court of competent | 24458 |
| jurisdiction that expressly prevents the trustee from using part | 24459 |
| or all of the trust for the medical care, care, comfort, | 24460 |
| maintenance, welfare, or general well being of the applicant or | 24461 |
| recipient, the trust or that portion of the trust subject to the | 24462 |
| court order shall not be counted as a resource. | 24463 |
| (f) If a trust is specifically exempt from being counted as | 24464 |
| an available resource by a provision of the Revised Code, rules, | 24465 |
| or federal law, the trust shall not be counted as a resource. | 24466 |
| (g) If an applicant or recipient presents a final judgment | 24467 |
| from a court demonstrating that the applicant or recipient was | 24468 |
| unsuccessful in a civil action against the trustee to compel | 24469 |
| payments from the trust, the trust shall not be counted as an | 24470 |
| available resource. | 24471 |
| (h) If an applicant or recipient presents a final judgment | 24472 |
| from a court demonstrating that in a civil action against the | 24473 |
| trustee the applicant or recipient was only able to compel limited | 24474 |
| or periodic payments, the trust shall not be counted as an | 24475 |
| available resource and payments shall be treated in accordance | 24476 |
| with rules adopted by the department of job and family services | 24477 |
| governing income. | 24478 |
| (i) If an applicant or recipient provides written | 24479 |
| documentation showing that the cost of a civil action brought to | 24480 |
| compel payments from the trust would be cost prohibitive, the | 24481 |
| trust shall not be counted as an available resource. | 24482 |
| (5) Any actual payments to the applicant or recipient from a | 24483 |
| trust that meet the requirements of division (G)(1) of this | 24484 |
| section, including trusts that are not counted as an available | 24485 |
| resource, shall be treated as provided in rules adopted by the | 24486 |
| department of job and family services governing income. Payments | 24487 |
| to any person other than the applicant or recipient shall not be | 24488 |
| considered income to the applicant or recipient. Payments from the | 24489 |
| trust to a person other than the applicant or recipient shall not | 24490 |
| be considered an improper | 24491 |
| Sec. 5111.161. (A) There is hereby created the medicaid care | 24492 |
| management working group, consisting of the following members: | 24493 |
| (1) Three individuals representing medicaid health insuring | 24494 |
| corporations, as defined in section 5111.176 of the Revised Code, | 24495 |
| one appointed by the president of the senate, one appointed by the | 24496 |
| speaker of the house of representatives, and one appointed by the | 24497 |
| governor; | 24498 |
| (2) One individual representing programs that provide | 24499 |
| enhanced care management services, appointed by the governor; | 24500 |
| (3) Four individuals representing health care professional | 24501 |
| and trade associations, appointed as follows: | 24502 |
| (a) One representative of the American academy of pediatrics, | 24503 |
| appointed by the president of the senate; | 24504 |
| (b) One representative of the American academy of family | 24505 |
| physicians, appointed by the speaker of the house of | 24506 |
| representatives; | 24507 |
| (c) One representative of the Ohio state medical association, | 24508 |
| appointed by the president of the senate; | 24509 |
| (d) One representative of the Ohio hospital association, | 24510 |
| appointed by the speaker of the house of representatives. | 24511 |
| (4) One individual representing behavioral health | 24512 |
| professional and trade associations, appointed by the speaker of | 24513 |
| the house of representatives; | 24514 |
| (5) Two individuals representing consumer advocates, one | 24515 |
| appointed by the president of the senate and one appointed by the | 24516 |
| speaker of the house of representatives; | 24517 |
| (6) One individual representing county departments of job and | 24518 |
| family services, appointed by the president of the senate; | 24519 |
| (7) Three individuals representing the business community, | 24520 |
| one appointed by the president of the senate, one appointed by the | 24521 |
| speaker of the house of representatives, and one appointed by the | 24522 |
| governor; | 24523 |
| (8) One individual representing providers of services that | 24524 |
| the state has the option of providing under federal medicaid law. | 24525 |
| The individual shall be appointed by the president of the senate | 24526 |
| from among one nomination each from the Ohio optometric | 24527 |
| association, the Ohio dental association, and the Ohio podiatric | 24528 |
| medical association. | 24529 |
| (9) The director of job and family services or the director's | 24530 |
| designee; | 24531 |
| | 24532 |
| | 24533 |
| (B) The members of the working group shall serve at the | 24534 |
| pleasure of their appointing authorities. Vacancies shall be | 24535 |
| filled in the manner provided for original appointments. | 24536 |
| (C) The working group shall develop guidelines that the | 24537 |
| department of job and family services may consider when entering | 24538 |
| into contracts under section 5111.17 of the Revised Code with | 24539 |
| managed care organizations for purposes of the care management | 24540 |
| system established under section 5111.16 of the Revised Code. The | 24541 |
| working group shall consult regularly with the departments of | 24542 |
| insurance, alcohol and drug addiction services, mental health, and | 24543 |
| mental retardation and developmental disabilities and the | 24544 |
| rehabilitation services commission. | 24545 |
| In developing the guidelines, the working group shall do all | 24546 |
| of the following: | 24547 |
| (1) Examine the best practice standards used in managed care | 24548 |
| programs and other health care and related systems to maximize | 24549 |
| patient and provider satisfaction, maintain quality of care, and | 24550 |
| obtain cost-effectiveness; | 24551 |
| (2) Consider the most effective means of facilitating the | 24552 |
| expansion of the care management system and increasing consistency | 24553 |
| within the system; | 24554 |
| (3) Make recommendations for coordinating the regulatory | 24555 |
| relationships involved in the medicaid care management system; | 24556 |
| (4) Make recommendations for improving the resolution of | 24557 |
| contracting issues among the providers involved in the care | 24558 |
| management system; | 24559 |
| (5) Make recommendations that the department may consider | 24560 |
| when developing and implementing the financial incentive program | 24561 |
| under division (B) of section 5111.17 of the Revised Code to | 24562 |
| improve and reward positive health outcomes through managed care | 24563 |
| contracts. In making these recommendations, the working group | 24564 |
| shall include all of the following: | 24565 |
| (a) Standards and procedures by which care management | 24566 |
| contractors may receive financial incentives for positive health | 24567 |
| outcomes measured on an individual basis; | 24568 |
| (b) Specific measures of positive health outcomes, | 24569 |
| particularly among individuals with high-risk health conditions; | 24570 |
| (c) Criteria for determining what constitutes a completed | 24571 |
| health outcome; | 24572 |
| (d) Methods of funding the program without requiring an | 24573 |
| increase in appropriations. | 24574 |
| (D) The working group shall prepare an annual report on its | 24575 |
| activities and shall submit the report to the president of the | 24576 |
| senate, speaker of the house of representatives, and governor. The | 24577 |
| report shall include any findings and recommendations the working | 24578 |
| group considers relevant to its duties. The working group shall | 24579 |
| complete an initial report not later than December 31, 2005. Each | 24580 |
| year thereafter, the working group shall complete its annual | 24581 |
| report by the last day of December. | 24582 |
| Sec. 5111.162. (A) As used in this section | 24583 |
| (1) "Emergency services" has the same meaning as in section | 24584 |
| 1932(b)(2) of the "Social Security Act," 79 Stat. 286 (1965), 42 | 24585 |
| U.S.C. 1396u-2(b)(2), as amended. | 24586 |
| (2) "Medicaid managed care organization" means a managed care | 24587 |
| organization that has entered into a contract with the department | 24588 |
| of job and family services pursuant to section 5111.17 of the | 24589 |
| Revised Code. | 24590 |
| (B) Except as provided in division (C) of this section, when | 24591 |
| a participant in the care management system established under | 24592 |
| section 5111.16 of the Revised Code is enrolled in a medicaid | 24593 |
| managed care organization and the organization refers the | 24594 |
| participant to receive services, other than emergency services | 24595 |
| provided on or after January 1, 2007, at a hospital that | 24596 |
| participates in the medicaid program but is not under contract | 24597 |
| with the organization, the hospital shall provide the service for | 24598 |
| which the referral was made and shall accept from the | 24599 |
| organization, as payment in full, the amount derived from the | 24600 |
| reimbursement rate used by the department to reimburse other | 24601 |
| hospitals of the same type for providing the same service to a | 24602 |
| medicaid recipient who is not enrolled in a medicaid managed care | 24603 |
| organization. | 24604 |
| (C) A hospital is not subject to division (B) of this section | 24605 |
| if all of the following are the case: | 24606 |
| (1) The hospital is located in a county in which participants | 24607 |
| in the care management system are required before January 1, 2006, | 24608 |
| to be enrolled in a medicaid managed care organization that is a | 24609 |
| health insuring corporation; | 24610 |
| (2) The hospital has entered into a contract before January | 24611 |
| 1, 2006, with at least one health insuring corporation serving the | 24612 |
| participants specified in division (C)(1) of this section; | 24613 |
| (3) The hospital remains under contract with at least one | 24614 |
| health insuring corporation serving participants in the care | 24615 |
| management system who are required to be enrolled in a health | 24616 |
| insuring corporation. | 24617 |
| (D) The director of job and family services shall adopt rules | 24618 |
| specifying the circumstances under which a medicaid managed care | 24619 |
| organization is permitted to refer a participant in the care | 24620 |
| management system to a hospital that is not under contract with | 24621 |
| the organization. The director may adopt any other rules necessary | 24622 |
| to implement this section. All rules adopted under this section | 24623 |
| shall be adopted in accordance with Chapter 119. of the Revised | 24624 |
| Code. | 24625 |
| Sec. 5111.163. (A) As used in this section: | 24626 |
| (1) "Emergency services" has the same meaning as in section | 24627 |
| 1932(b)(2) of the "Social Security Act," 79 Stat. 286 (1965), 42 | 24628 |
| U.S.C. 1396u-2(b)(2), as amended. | 24629 |
| (2) "Medicaid managed care organization" has the same meaning | 24630 |
| as in section 5111.162 of the Revised Code. | 24631 |
| (3) "Provider" has the same meaning as in section 5111.06 of | 24632 |
| the Revised Code. | 24633 |
| (B) When a participant in the care management system | 24634 |
| established under section 5111.16 of the Revised Code is enrolled | 24635 |
| in a medicaid managed care organization and receives emergency | 24636 |
| services on or after January 1, 2007, from a provider that is not | 24637 |
| under contract with the organization, the provider shall accept | 24638 |
| from the organization, as payment in full, not more than the | 24639 |
| amounts (less any payments for indirect costs of medical education | 24640 |
| and direct costs of graduate medical education) that the provider | 24641 |
| could collect if the participant received medicaid other than | 24642 |
| through enrollment in a managed care organization. | 24643 |
| | 24644 |
| services shall determine whether a waiver of federal medicaid | 24645 |
| requirements is necessary to fulfill the requirements of section | 24646 |
| 3901.3814 of the Revised Code. If the director determines a waiver | 24647 |
| is necessary, the department of job and family services shall | 24648 |
| apply to the United States secretary of health and human services | 24649 |
| for the waiver. | 24650 |
| (B)(1) If the director determines that section 3901.3814 of | 24651 |
| the Revised Code can be implemented without a waiver or a waiver | 24652 |
| is granted, the department shall notify the department of | 24653 |
| insurance that the section can be implemented. Implementation of | 24654 |
| the section shall be effective eighteen months after the notice is | 24655 |
| sent. | 24656 |
| (2) At the time the notice is given under division (B)(1) of | 24657 |
| this section, the department shall also give notice to each health | 24658 |
| insuring corporation that provides coverage to medicaid | 24659 |
| recipients. The notice shall inform the corporation that sections | 24660 |
| 3901.38 and 3901.381 to 3901.3814 of the Revised Code apply to | 24661 |
| claims for services rendered to recipients on the date determined | 24662 |
| under division (B)(1) of this section, instead of the prompt | 24663 |
| payment requirements of 42 C.F.R. 447.46. That date shall be | 24664 |
| specified in the notice. | 24665 |
| Sec. 5111.18. Not later than September 1, 2007, the director | 24666 |
| of job and family services shall establish a qualified state | 24667 |
| long-term care insurance partnership program consistent with the | 24668 |
| definition of that term in 42 U.S.C. 1396p(b)(1)(C)(iii). An | 24669 |
| individual participating in the program who is subject to the | 24670 |
| medicaid estate recovery program instituted under section 5111.11 | 24671 |
| of the Revised Code shall be eligible for the reduced adjustment | 24672 |
| or recovery under division (D) of that section. | 24673 |
| The director of job and family services may adopt rules in | 24674 |
| accordance with Chapter 119. of the Revised Code as necessary to | 24675 |
| implement this section. | 24676 |
| Sec. 5111.20. As used in sections 5111.20 to 5111.34 of the | 24677 |
| Revised Code: | 24678 |
| (A) "Allowable costs" are those costs determined by the | 24679 |
| department of job and family services to be reasonable and do not | 24680 |
| include fines paid under sections 5111.35 to 5111.61 and section | 24681 |
| 5111.99 of the Revised Code. | 24682 |
| (B) "Ancillary and support costs" means all reasonable costs | 24683 |
| incurred by a nursing facility other than direct care costs or | 24684 |
| capital costs. "Ancillary and support costs" includes, but is not | 24685 |
| limited to, costs of activities, social services, pharmacy | 24686 |
| consultants, habilitation supervisors, qualified mental | 24687 |
| retardation professionals, program directors, medical and | 24688 |
| habilitation records, program supplies, incontinence supplies, | 24689 |
| food, enterals, dietary supplies and personnel, laundry, | 24690 |
| housekeeping, security, administration, medical equipment, | 24691 |
| utilities, liability insurance, bookkeeping, purchasing | 24692 |
| department, human resources, communications, travel, dues, license | 24693 |
| fees, subscriptions, home office costs not otherwise allocated, | 24694 |
| legal services, accounting services, minor equipment, maintenance | 24695 |
| and repairs, help-wanted advertising, informational advertising, | 24696 |
| start-up costs, organizational expenses, other interest, property | 24697 |
| insurance, employee training and staff development, employee | 24698 |
| benefits, payroll taxes, and workers' compensation premiums or | 24699 |
| costs for self-insurance claims and related costs as specified in | 24700 |
| rules adopted by the director of job and family services under | 24701 |
| section 5111.02 of the Revised Code, for personnel listed in this | 24702 |
| division. "Ancillary and support costs" also means the cost of | 24703 |
| equipment, including vehicles, acquired by operating lease | 24704 |
| executed before December 1, 1992, if the costs are reported as | 24705 |
| administrative and general costs on the facility's cost report for | 24706 |
| the cost reporting period ending December 31, 1992. | 24707 |
| (C) "Capital costs" means costs of ownership and, in the case | 24708 |
| of an intermediate care facility for the mentally retarded, costs | 24709 |
| of nonextensive renovation. | 24710 |
| (1) "Cost of ownership" means the actual expense incurred for | 24711 |
| all of the following: | 24712 |
| (a) Depreciation and interest on any capital assets that cost | 24713 |
| five hundred dollars or more per item, including the following: | 24714 |
| (i) Buildings; | 24715 |
| (ii) Building improvements that are not approved as | 24716 |
| nonextensive renovations under section 5111.251 of the Revised | 24717 |
| Code; | 24718 |
| (iii) Except as provided in division (B) of this section, | 24719 |
| equipment; | 24720 |
| (iv) In the case of an intermediate care facility for the | 24721 |
| mentally retarded, extensive renovations; | 24722 |
| (v) Transportation equipment. | 24723 |
| (b) Amortization and interest on land improvements and | 24724 |
| leasehold improvements; | 24725 |
| (c) Amortization of financing costs; | 24726 |
| (d) Except as provided in division (K) of this section, lease | 24727 |
| and rent of land, building, and equipment. | 24728 |
| The costs of capital assets of less than five hundred dollars | 24729 |
| per item may be considered capital costs in accordance with a | 24730 |
| provider's practice. | 24731 |
| (2) "Costs of nonextensive renovation" means the actual | 24732 |
| expense incurred by an intermediate care facility for the mentally | 24733 |
| retarded for depreciation or amortization and interest on | 24734 |
| renovations that are not extensive renovations. | 24735 |
| (D) "Capital lease" and "operating lease" shall be construed | 24736 |
| in accordance with generally accepted accounting principles. | 24737 |
| (E) "Case-mix score" means the measure determined under | 24738 |
| section 5111.232 of the Revised Code of the relative direct-care | 24739 |
| resources needed to provide care and habilitation to a resident of | 24740 |
| a nursing facility or intermediate care facility for the mentally | 24741 |
| retarded. | 24742 |
| (F) "Date of licensure," for a facility originally licensed | 24743 |
| as a nursing home under Chapter 3721. of the Revised Code, means | 24744 |
| the date specific beds were originally licensed as nursing home | 24745 |
| beds under that chapter, regardless of whether they were | 24746 |
| subsequently licensed as residential facility beds under section | 24747 |
| 5123.19 of the Revised Code. For a facility originally licensed as | 24748 |
| a residential facility under section 5123.19 of the Revised Code, | 24749 |
| "date of licensure" means the date specific beds were originally | 24750 |
| licensed as residential facility beds under that section. | 24751 |
| (1) If nursing home beds licensed under Chapter 3721. of the | 24752 |
| Revised Code or residential facility beds licensed under section | 24753 |
| 5123.19 of the Revised Code were not required by law to be | 24754 |
| licensed when they were originally used to provide nursing home or | 24755 |
| residential facility services, "date of licensure" means the date | 24756 |
| the beds first were used to provide nursing home or residential | 24757 |
| facility services, regardless of the date the present provider | 24758 |
| obtained licensure. | 24759 |
| (2) If a facility adds nursing home beds or residential | 24760 |
| facility beds or extensively renovates all or part of the facility | 24761 |
| after its original date of licensure, it will have a different | 24762 |
| date of licensure for the additional beds or extensively renovated | 24763 |
| portion of the facility, unless the beds are added in a space that | 24764 |
| was constructed at the same time as the previously licensed beds | 24765 |
| but was not licensed under Chapter 3721. or section 5123.19 of the | 24766 |
| Revised Code at that time. | 24767 |
| (G) "Desk-reviewed" means that costs as reported on a cost | 24768 |
| report submitted under section 5111.26 of the Revised Code have | 24769 |
| been subjected to a desk review under division (A) of section | 24770 |
| 5111.27 of the Revised Code and preliminarily determined to be | 24771 |
| allowable costs. | 24772 |
| (H) "Direct care costs" means all of the following: | 24773 |
| (1)(a) Costs for registered nurses, licensed practical | 24774 |
| nurses, and nurse aides employed by the facility; | 24775 |
| (b) Costs for direct care staff, administrative nursing | 24776 |
|
staff, medical directors, | 24777 |
| 24778 | |
| therapists,
| 24779 |
| division
| 24780 |
| qualifying them to provide therapy; | 24781 |
| (c) Costs of purchased nursing services; | 24782 |
| (d) Costs of quality assurance; | 24783 |
| (e) Costs of training and staff development, employee | 24784 |
| benefits, payroll taxes, and workers' compensation premiums or | 24785 |
| costs for self-insurance claims and related costs as specified in | 24786 |
| rules adopted by the director of job and family services in | 24787 |
| accordance with Chapter 119. of the Revised Code, for personnel | 24788 |
| listed in divisions (H)(1)(a), (b), and (d) of this section; | 24789 |
| (f) Costs of consulting and management fees related to direct | 24790 |
| care; | 24791 |
| (g) Allocated direct care home office costs. | 24792 |
| (2) In addition to the costs specified in division (H)(1) of | 24793 |
| this section, for nursing facilities only, direct care costs | 24794 |
| include costs of habilitation staff (other than habilitation | 24795 |
| supervisors), medical supplies, emergency oxygen, habilitation | 24796 |
| supplies, and universal precautions supplies. | 24797 |
| (3) In addition to the costs specified in division (H)(1) of | 24798 |
| this section, for intermediate care facilities for the mentally | 24799 |
| retarded only, direct care costs include both of the following: | 24800 |
| (a) Costs for physical therapists and physical therapy | 24801 |
| assistants, occupational therapists and occupational therapy | 24802 |
| assistants, speech therapists, audiologists, habilitation staff | 24803 |
| (including habilitation supervisors), qualified mental retardation | 24804 |
| professionals, program directors, social services staff, | 24805 |
| activities staff, psychologists and psychology assistants, and | 24806 |
| social workers and counselors; | 24807 |
| (b) Costs of training and staff development, employee | 24808 |
| benefits, payroll taxes, and workers' compensation premiums or | 24809 |
| costs for self-insurance claims and related costs as specified in | 24810 |
| rules adopted under section 5111.02 of the Revised Code, for | 24811 |
| personnel listed in division (H)(3)(a) of this section. | 24812 |
| (4) Costs of other direct-care resources that are specified | 24813 |
| as direct care costs in rules adopted under section 5111.02 of the | 24814 |
| Revised Code. | 24815 |
| (I) "Fiscal year" means the fiscal year of this state, as | 24816 |
| specified in section 9.34 of the Revised Code. | 24817 |
| (J) "Franchise permit fee" means the fee imposed by sections | 24818 |
| 3721.50 to 3721.58 of the Revised Code. | 24819 |
| (K) "Indirect care costs" means all reasonable costs incurred | 24820 |
| by an intermediate care facility for the mentally retarded other | 24821 |
| than direct care costs, other protected costs, or capital costs. | 24822 |
| "Indirect care costs" includes but is not limited to costs of | 24823 |
| habilitation supplies, pharmacy consultants, medical and | 24824 |
| habilitation records, program supplies, incontinence supplies, | 24825 |
| food, enterals, dietary supplies and personnel, laundry, | 24826 |
| housekeeping, security, administration, liability insurance, | 24827 |
| bookkeeping, purchasing department, human resources, | 24828 |
| communications, travel, dues, license fees, subscriptions, home | 24829 |
| office costs not otherwise allocated, legal services, accounting | 24830 |
| services, minor equipment, maintenance and repairs, help-wanted | 24831 |
| advertising, informational advertising, start-up costs, | 24832 |
| organizational expenses, other interest, property insurance, | 24833 |
| employee training and staff development, employee benefits, | 24834 |
| payroll taxes, and workers' compensation premiums or costs for | 24835 |
| self-insurance claims and related costs as specified in rules | 24836 |
| adopted under section 5111.02 of the Revised Code, for personnel | 24837 |
| listed in this division. Notwithstanding division (C)(1) of this | 24838 |
| section, "indirect care costs" also means the cost of equipment, | 24839 |
| including vehicles, acquired by operating lease executed before | 24840 |
| December 1, 1992, if the costs are reported as administrative and | 24841 |
| general costs on the facility's cost report for the cost reporting | 24842 |
| period ending December 31, 1992. | 24843 |
| (L) "Inpatient days" means all days during which a resident, | 24844 |
| regardless of payment source, occupies a bed in a nursing facility | 24845 |
| or intermediate care facility for the mentally retarded that is | 24846 |
| included in the facility's certified capacity under Title XIX. | 24847 |
| Therapeutic or hospital leave days for which payment is made under | 24848 |
| section 5111.33 of the Revised Code are considered inpatient days | 24849 |
| proportionate to the percentage of the facility's per resident per | 24850 |
| day rate paid for those days. | 24851 |
| (M) "Intermediate care facility for the mentally retarded" | 24852 |
| means an intermediate care facility for the mentally retarded | 24853 |
| certified as in compliance with applicable standards for the | 24854 |
| medicaid program by the director of health in accordance with | 24855 |
| Title XIX. | 24856 |
| (N) "Maintenance and repair expenses" means, except as | 24857 |
| provided in division (BB)(2) of this section, expenditures that | 24858 |
| are necessary and proper to maintain an asset in a normally | 24859 |
| efficient working condition and that do not extend the useful life | 24860 |
| of the asset two years or more. "Maintenance and repair expenses" | 24861 |
| includes but is not limited to the cost of ordinary repairs such | 24862 |
| as painting and wallpapering. | 24863 |
| (O) "Medicaid days" means all days during which a resident | 24864 |
| who is a Medicaid recipient eligible for nursing facility services | 24865 |
| occupies a bed in a nursing facility that is included in the | 24866 |
| nursing facility's certified capacity under Title XIX. Therapeutic | 24867 |
| or hospital leave days for which payment is made under section | 24868 |
| 5111.33 of the Revised Code are considered Medicaid days | 24869 |
| proportionate to the percentage of the nursing facility's per | 24870 |
| resident per day rate paid for those days. | 24871 |
| (P) "Nursing facility" means a facility, or a distinct part | 24872 |
| of a facility, that is certified as a nursing facility by the | 24873 |
| director of health in accordance with Title XIX and is not an | 24874 |
| intermediate care facility for the mentally retarded. "Nursing | 24875 |
| facility" includes a facility, or a distinct part of a facility, | 24876 |
| that is certified as a nursing facility by the director of health | 24877 |
| in accordance with Title XIX and is certified as a skilled nursing | 24878 |
| facility by the director in accordance with Title XVIII. | 24879 |
| (Q) "Operator" means the person or government entity | 24880 |
| responsible for the daily operating and management decisions for a | 24881 |
| nursing facility or intermediate care facility for the mentally | 24882 |
| retarded. | 24883 |
| (R) "Other protected costs" means costs incurred by an | 24884 |
| intermediate care facility for the mentally retarded for medical | 24885 |
| supplies; real estate, franchise, and property taxes; natural gas, | 24886 |
| fuel oil, water, electricity, sewage, and refuse and hazardous | 24887 |
| medical waste collection; allocated other protected home office | 24888 |
| costs; and any additional costs defined as other protected costs | 24889 |
| in rules adopted under section 5111.02 of the Revised Code. | 24890 |
| (S)(1) "Owner" means any person or government entity that has | 24891 |
| at least five per cent ownership or interest, either directly, | 24892 |
| indirectly, or in any combination, in any of the following | 24893 |
| regarding a nursing facility or intermediate care facility for the | 24894 |
| mentally retarded: | 24895 |
| (a) The land on which the facility is located; | 24896 |
| (b) The structure in which the facility is located; | 24897 |
| (c) Any mortgage, contract for deed, or other obligation | 24898 |
| secured in whole or in part by the land or structure on or in | 24899 |
| which the facility is located; | 24900 |
| (d) Any lease or sublease of the land or structure on or in | 24901 |
| which the facility is located. | 24902 |
| (2) "Owner" does not mean a holder of a debenture or bond | 24903 |
| related to the nursing facility or intermediate care facility for | 24904 |
| the mentally retarded and purchased at public issue or a regulated | 24905 |
| lender that has made a loan related to the facility unless the | 24906 |
| holder or lender operates the facility directly or through a | 24907 |
| subsidiary. | 24908 |
| (T) "Patient" includes "resident." | 24909 |
| (U) Except as provided in divisions (U)(1) and (2) of this | 24910 |
| section, "per diem" means a nursing facility's or intermediate | 24911 |
| care facility for the mentally retarded's actual, allowable costs | 24912 |
| in a given cost center in a cost reporting period, divided by the | 24913 |
| facility's inpatient days for that cost reporting period. | 24914 |
| (1) When calculating indirect care costs for the purpose of | 24915 |
| establishing rates under section 5111.241 of the Revised Code, | 24916 |
| "per diem" means an intermediate care facility for the mentally | 24917 |
| retarded's actual, allowable indirect care costs in a cost | 24918 |
| reporting period divided by the greater of the facility's | 24919 |
| inpatient days for that period or the number of inpatient days the | 24920 |
| facility would have had during that period if its occupancy rate | 24921 |
| had been eighty-five per cent. | 24922 |
| (2) When calculating capital costs for the purpose of | 24923 |
| establishing rates under section 5111.251 of the Revised Code, | 24924 |
| "per diem" means a facility's actual, allowable capital costs in a | 24925 |
| cost reporting period divided by the greater of the facility's | 24926 |
| inpatient days for that period or the number of inpatient days the | 24927 |
| facility would have had during that period if its occupancy rate | 24928 |
| had been ninety-five per cent. | 24929 |
| (V) "Provider" means an operator with a provider agreement. | 24930 |
| (W) "Provider agreement" means a contract between the | 24931 |
| department of job and family services and the operator of a | 24932 |
| nursing facility or intermediate care facility for the mentally | 24933 |
| retarded for the provision of nursing facility services or | 24934 |
| intermediate care facility services for the mentally retarded | 24935 |
| under the medicaid program. | 24936 |
| (X) "Purchased nursing services" means services that are | 24937 |
| provided in a nursing facility by registered nurses, licensed | 24938 |
| practical nurses, or nurse aides who are not employees of the | 24939 |
| facility. | 24940 |
| (Y) "Reasonable" means that a cost is an actual cost that is | 24941 |
| appropriate and helpful to develop and maintain the operation of | 24942 |
| patient care facilities and activities, including normal standby | 24943 |
| costs, and that does not exceed what a prudent buyer pays for a | 24944 |
| given item or services. Reasonable costs may vary from provider to | 24945 |
| provider and from time to time for the same provider. | 24946 |
| (Z) "Related party" means an individual or organization that, | 24947 |
| to a significant extent, has common ownership with, is associated | 24948 |
| or affiliated with, has control of, or is controlled by, the | 24949 |
| provider. | 24950 |
| (1) An individual who is a relative of an owner is a related | 24951 |
| party. | 24952 |
| (2) Common ownership exists when an individual or individuals | 24953 |
| possess significant ownership or equity in both the provider and | 24954 |
| the other organization. Significant ownership or equity exists | 24955 |
| when an individual or individuals possess five per cent ownership | 24956 |
| or equity in both the provider and a supplier. Significant | 24957 |
| ownership or equity is presumed to exist when an individual or | 24958 |
| individuals possess ten per cent ownership or equity in both the | 24959 |
| provider and another organization from which the provider | 24960 |
| purchases or leases real property. | 24961 |
| (3) Control exists when an individual or organization has the | 24962 |
| power, directly or indirectly, to significantly influence or | 24963 |
| direct the actions or policies of an organization. | 24964 |
| (4) An individual or organization that supplies goods or | 24965 |
| services to a provider shall not be considered a related party if | 24966 |
| all of the following conditions are met: | 24967 |
| (a) The supplier is a separate bona fide organization. | 24968 |
| (b) A substantial part of the supplier's business activity of | 24969 |
| the type carried on with the provider is transacted with others | 24970 |
| than the provider and there is an open, competitive market for the | 24971 |
| types of goods or services the supplier furnishes. | 24972 |
| (c) The types of goods or services are commonly obtained by | 24973 |
| other nursing facilities or intermediate care facilities for the | 24974 |
| mentally retarded from outside organizations and are not a basic | 24975 |
| element of patient care ordinarily furnished directly to patients | 24976 |
| by the facilities. | 24977 |
| (d) The charge to the provider is in line with the charge for | 24978 |
| the goods or services in the open market and no more than the | 24979 |
| charge made under comparable circumstances to others by the | 24980 |
| supplier. | 24981 |
| (AA) "Relative of owner" means an individual who is related | 24982 |
| to an owner of a nursing facility or intermediate care facility | 24983 |
| for the mentally retarded by one of the following relationships: | 24984 |
| (1) Spouse; | 24985 |
| (2) Natural parent, child, or sibling; | 24986 |
| (3) Adopted parent, child, or sibling; | 24987 |
| (4) Stepparent, stepchild, stepbrother, or stepsister; | 24988 |
| (5) Father-in-law, mother-in-law, son-in-law, | 24989 |
| daughter-in-law, brother-in-law, or sister-in-law; | 24990 |
| (6) Grandparent or grandchild; | 24991 |
| (7) Foster caregiver, foster child, foster brother, or foster | 24992 |
| sister. | 24993 |
| (BB) "Renovation" and "extensive renovation" mean: | 24994 |
| (1) Any betterment, improvement, or restoration of an | 24995 |
| intermediate care facility for the mentally retarded started | 24996 |
| before July 1, 1993, that meets the definition of a renovation or | 24997 |
| extensive renovation established in rules adopted by the director | 24998 |
| of job and family services in effect on December 22, 1992. | 24999 |
| (2) In the case of betterments, improvements, and | 25000 |
| restorations of intermediate care facilities for the mentally | 25001 |
| retarded started on or after July 1, 1993: | 25002 |
| (a) "Renovation" means the betterment, improvement, or | 25003 |
| restoration of an intermediate care facility for the mentally | 25004 |
| retarded beyond its current functional capacity through a | 25005 |
| structural change that costs at least five hundred dollars per | 25006 |
| bed. A renovation may include betterment, improvement, | 25007 |
| restoration, or replacement of assets that are affixed to the | 25008 |
| building and have a useful life of at least five years. A | 25009 |
| renovation may include costs that otherwise would be considered | 25010 |
| maintenance and repair expenses if they are an integral part of | 25011 |
| the structural change that makes up the renovation project. | 25012 |
| "Renovation" does not mean construction of additional space for | 25013 |
| beds that will be added to a facility's licensed or certified | 25014 |
| capacity. | 25015 |
| (b) "Extensive renovation" means a renovation that costs more | 25016 |
| than sixty-five per cent and no more than eighty-five per cent of | 25017 |
| the cost of constructing a new bed and that extends the useful | 25018 |
| life of the assets for at least ten years. | 25019 |
| For the purposes of division (BB)(2) of this section, the | 25020 |
| cost of constructing a new bed shall be considered to be forty | 25021 |
| thousand dollars, adjusted for the estimated rate of inflation | 25022 |
| from January 1, 1993, to the end of the calendar year during which | 25023 |
| the renovation is completed, using the consumer price index for | 25024 |
| shelter costs for all urban consumers for the north central | 25025 |
| region, as published by the United States bureau of labor | 25026 |
| statistics. | 25027 |
| The department of job and family services may treat a | 25028 |
| renovation that costs more than eighty-five per cent of the cost | 25029 |
| of constructing new beds as an extensive renovation if the | 25030 |
| department determines that the renovation is more prudent than | 25031 |
| construction of new beds. | 25032 |
| (CC) "Title XIX" means Title XIX of the "Social Security | 25033 |
| Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended. | 25034 |
| (DD) "Title XVIII" means Title XVIII of the "Social Security | 25035 |
| Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended. | 25036 |
| Sec. 5111.222. (A) Except as otherwise provided by sections | 25037 |
| 5111.20 to 5111.33 of the Revised Code and by division (B) of this | 25038 |
| section, the payments that the department of job and family | 25039 |
| services shall agree to make to the provider of a nursing facility | 25040 |
| pursuant to a provider agreement shall equal the sum of all of the | 25041 |
| following: | 25042 |
| (1) The rate for direct care costs determined for the nursing | 25043 |
| facility under section 5111.231 of the Revised Code; | 25044 |
| (2) The rate for ancillary and support costs determined for | 25045 |
| the nursing facility's ancillary and support cost peer group under | 25046 |
| section 5111.24 of the Revised Code; | 25047 |
| (3) The rate for tax costs determined for the nursing | 25048 |
| facility under section 5111.242 of the Revised Code; | 25049 |
| (4) The rate for franchise permit fees determined for the | 25050 |
| nursing facility under section 5111.243 of the Revised Code; | 25051 |
| (5) The quality incentive payment paid to the nursing | 25052 |
| 25053 | |
| the Revised Code; | 25054 |
| (6) The median rate for capital costs for the nursing | 25055 |
| facilities in the nursing facility's capital costs peer group as | 25056 |
| determined under section 5111.25 of the Revised Code. | 25057 |
|
(B) The department shall adjust the | 25058 |
| determined under | 25059 |
| this section as directed by the general assembly through the | 25060 |
| enactment of law governing medicaid payments to providers of | 25061 |
| nursing facilities, including any law that does either of the | 25062 |
| following: | 25063 |
|
(1) Establishes factors by which the | 25064 |
| adjusted; | 25065 |
| (2) Establishes a methodology for phasing in the rates | 25066 |
| determined for fiscal year 2006 under uncodified law the general | 25067 |
| assembly enacts to rates determined for subsequent fiscal years | 25068 |
| under sections 5111.20 to 5111.33 of the Revised Code. | 25069 |
| Sec. 5111.231. (A) As used in this section, "applicable | 25070 |
| calendar year" means the following: | 25071 |
| (1) For the purpose of the department of job and family | 25072 |
| services' initial determination under division (D) of this section | 25073 |
| of each peer group's cost per case-mix unit, calendar year 2003; | 25074 |
| (2) For the purpose of the department's subsequent | 25075 |
| determinations under division (D) of this section of each peer | 25076 |
| group's cost per case-mix unit, the calendar year the department | 25077 |
| selects. | 25078 |
| (B) The department of job and family services shall pay a | 25079 |
| provider for each of the provider's eligible nursing facilities a | 25080 |
| per resident per day rate for direct care costs determined | 25081 |
| 25082 | |
| unit determined under division (D) of this section for the | 25083 |
| facility's peer group by the facility's semiannual case-mix score | 25084 |
| determined under section 5111.232 of the Revised Code. | 25085 |
| (C) For the purpose of determining nursing facilities' rate | 25086 |
| for direct care costs, the department shall establish three peer | 25087 |
| groups. | 25088 |
| Each nursing facility located in any of the following | 25089 |
| counties shall be placed in peer group one: Brown, Butler, | 25090 |
| Clermont, Clinton, Hamilton, and Warren. | 25091 |
| Each nursing facility located in any of the following | 25092 |
| counties shall be placed in peer group two: Ashtabula, Champaign, | 25093 |
| Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette, Franklin, | 25094 |
| Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking, Lorain, | 25095 |
| Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow, Ottawa, | 25096 |
| Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit, Union, | 25097 |
| and Wood. | 25098 |
| Each nursing facility located in any of the following | 25099 |
| counties shall be placed in peer group three: Adams, Allen, | 25100 |
| Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana, | 25101 |
| Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin, | 25102 |
| Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson, | 25103 |
| Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe, | 25104 |
| Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland, | 25105 |
| Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton, | 25106 |
| Washington, Wayne, Williams, and Wyandot. | 25107 |
| (D)(1) At least once every ten years, the department shall | 25108 |
| determine a cost per case-mix unit for each peer group established | 25109 |
| under division (C) of this section. A cost per case-mix unit | 25110 |
| determined under this division for a peer group shall be used for | 25111 |
| subsequent years until the department redetermines it. To | 25112 |
| determine a peer group's cost per case-mix unit, the department | 25113 |
| shall do all of the following: | 25114 |
| (a) Determine the cost per case-mix unit for each nursing | 25115 |
| facility in the peer group for the applicable calendar year by | 25116 |
| dividing each facility's desk-reviewed, actual, allowable, per | 25117 |
| diem direct care costs for the applicable calendar year by the | 25118 |
| facility's annual average case-mix score determined under section | 25119 |
| 5111.232 of the Revised Code for the applicable calendar year. | 25120 |
| (b) Subject to division (D)(2) of this section, identify | 25121 |
| which nursing facility in the peer group is at the twenty-fifth | 25122 |
| percentile of the cost per case-mix units determined under | 25123 |
| division (D)(1)(a) of this section. | 25124 |
| (c) Calculate the amount that is seven per cent above the | 25125 |
| cost per case-mix unit determined under division (D)(1)(a) of this | 25126 |
| section for the nursing facility identified under division | 25127 |
| (D)(1)(b) of this section. | 25128 |
| (d) Multiply the amount calculated under division (D)(1)(c) | 25129 |
| of this section by the rate of inflation for the eighteen-month | 25130 |
| period beginning on the first day of July of the applicable | 25131 |
| calendar year and ending the last day of December of the calendar | 25132 |
| year immediately following the applicable calendar year using the | 25133 |
| employment cost index for total compensation, health services | 25134 |
| component, published by the United States bureau of labor | 25135 |
| statistics. | 25136 |
| (2) In making the identification under division (D)(1)(b) of | 25137 |
| this section, the department shall exclude both of the following: | 25138 |
| (a) Nursing facilities that participated in the medicaid | 25139 |
| program under the same provider for less than twelve months in the | 25140 |
| applicable calendar year; | 25141 |
|
(b) Nursing facilities whose | 25142 |
| case-mix unit is more than one standard deviation from the mean | 25143 |
| 25144 | |
| case-mix unit for all nursing facilities in the nursing facility's | 25145 |
| peer group for the applicable calendar year. | 25146 |
| (3) The department shall not redetermine a peer group's cost | 25147 |
| per case-mix unit under this division based on additional | 25148 |
| information that it receives after the peer group's per case-mix | 25149 |
| unit is determined. The department shall redetermine a peer | 25150 |
| group's cost per case-mix unit only if it made an error in | 25151 |
| determining the peer group's cost per case-mix unit based on | 25152 |
| information available to the department at the time of the | 25153 |
| original determination. | 25154 |
| Sec. 5111.244. (A) As used in this section, "deficiency" and | 25155 |
| "standard survey" have the same meanings as in section 5111.35 of | 25156 |
| the Revised Code. | 25157 |
| (B) Each fiscal year, the department of job and family | 25158 |
| services shall pay the provider of each nursing facility | 25159 |
| 25160 | |
| 25161 | |
| 25162 | |
| 25163 | |
| 25164 | |
| 25165 | |
| 25166 | |
| The amount of a quality incentive payment paid to a provider for a | 25167 |
| fiscal year shall be based on the number of points the provider's | 25168 |
| nursing facility is awarded under division (C) of this section for | 25169 |
| that fiscal year. The amount of a quality incentive payment paid | 25170 |
| to a provider of a nursing facility that is awarded no points may | 25171 |
| be zero. The mean payment for fiscal year 2007, weighted by | 25172 |
| medicaid days, shall be | 25173 |
| 25174 | |
| 25175 | |
| medicaid day. | 25176 |
| 25177 | |
| department shall adjust the mean payment for subsequent fiscal | 25178 |
| years by the same adjustment factors the department uses to | 25179 |
| adjust, pursuant to division (B) of section 5111.222 of the | 25180 |
| Revised Code, nursing facilities' rates otherwise determined under | 25181 |
| divisions (A)(1), (2), (3), and (6) of that section. | 25182 |
| (C) | 25183 |
| 25184 | |
| 25185 | |
| 25186 | |
| 25187 | |
| 25188 | |
| 25189 | |
| 25190 | |
| 25191 | |
| 25192 | |
| 25193 | |
| 25194 | |
| 25195 |
| | 25196 |
| this section, the department shall annually award each nursing | 25197 |
| facility participating in the medicaid program one point for each | 25198 |
| of the following accountability measures the facility meets: | 25199 |
| | 25200 |
| facility's most recent standard survey. | 25201 |
| | 25202 |
| and severity level greater than E, as determined under nursing | 25203 |
| facility certification standards established under Title XIX, on | 25204 |
| the facility's most recent standard survey. | 25205 |
| | 25206 |
| statewide average. | 25207 |
| | 25208 |
| statewide average. | 25209 |
| | 25210 |
| above the statewide average. | 25211 |
| | 25212 |
| average for the facility's peer group established in division (C) | 25213 |
| of section 5111.231 of the Revised Code. | 25214 |
| | 25215 |
| average. | 25216 |
| | 25217 |
| statewide average. | 25218 |
| | 25219 |
| average. | 25220 |
| | 25221 |
| (C)(1)(c) or (d) of this section only for a fiscal year | 25222 |
| immediately following a calendar year for which a survey of | 25223 |
| resident or family satisfaction has been conducted under section | 25224 |
| 173.47 of the Revised Code. | 25225 |
| (D) The director of job and family services shall adopt rules | 25226 |
| under section 5111.02 of the Revised Code as necessary to | 25227 |
| implement this section. The rules shall include rules establishing | 25228 |
| the system for awarding points under division | 25229 |
| section. | 25230 |
| Sec. 5111.27. (A) The department of job and family services | 25231 |
| shall conduct a desk review of each cost report it receives under | 25232 |
| section 5111.26 of the Revised Code. Based on the desk review, the | 25233 |
| department shall make a preliminary determination of whether the | 25234 |
| reported costs are allowable costs. The department shall notify | 25235 |
| each provider of whether any of the reported costs are | 25236 |
| preliminarily determined not to be allowable, the rate calculation | 25237 |
| under sections 5111.20 to 5111.33 of the Revised Code that results | 25238 |
| from that determination, and the reasons for the determination and | 25239 |
| resulting rate. The department shall allow the provider to verify | 25240 |
| the calculation and submit additional information. | 25241 |
| (B) The department may conduct an audit, as defined by rule | 25242 |
| adopted under section 5111.02 of the Revised Code, of any cost | 25243 |
| report and shall notify the provider of its findings. | 25244 |
| Audits shall be conducted by auditors under contract with or | 25245 |
| employed by the department. The decision whether to conduct an | 25246 |
| audit and the scope of the audit, which may be a desk or field | 25247 |
| audit, shall be determined based on prior performance of the | 25248 |
| provider and may be based on a risk analysis or other evidence | 25249 |
| that gives the department reason to believe that the provider has | 25250 |
| reported costs improperly. A desk or field audit may be performed | 25251 |
| annually, but is required whenever a provider does not pass the | 25252 |
| risk analysis tolerance factors. The department shall issue the | 25253 |
| audit report no later than three years after the cost report is | 25254 |
| filed, or upon the completion of a desk or field audit on the | 25255 |
| report or a report for a subsequent cost reporting period, | 25256 |
| whichever is earlier. During the time within which the department | 25257 |
| may issue an audit report, the provider may amend the cost report | 25258 |
| upon discovery of a material error or material additional | 25259 |
| information. The department shall review the amended cost report | 25260 |
| for accuracy and notify the provider of its determination. | 25261 |
| The department may establish a contract for the auditing of | 25262 |
| facilities by outside firms. Each contract entered into by bidding | 25263 |
| shall be effective for one to two years. The department shall | 25264 |
| establish an audit manual and program which shall require that all | 25265 |
| field audits, conducted either pursuant to a contract or by | 25266 |
| department employees: | 25267 |
| (1) Comply with the applicable rules prescribed pursuant to | 25268 |
| Titles XVIII and XIX; | 25269 |
| (2) Consider generally accepted auditing standards prescribed | 25270 |
| by the American institute of certified public accountants; | 25271 |
| (3) Include a written summary as to whether the costs | 25272 |
| included in the report examined during the audit are allowable and | 25273 |
| are presented fairly in accordance with generally accepted | 25274 |
| accounting principles and department rules, and whether, in all | 25275 |
| material respects, allowable costs are documented, reasonable, and | 25276 |
| related to patient care; | 25277 |
| (4) Are conducted by accounting firms or auditors who, during | 25278 |
| the period of the auditors' professional engagement or employment | 25279 |
| and during the period covered by the cost reports, do not have nor | 25280 |
| are committed to acquire any direct or indirect financial interest | 25281 |
| in the ownership, financing, or operation of a nursing facility or | 25282 |
| intermediate care facility for the mentally retarded in this | 25283 |
| state; | 25284 |
| (5) Are conducted by accounting firms or auditors who, as a | 25285 |
| condition of the contract or employment, shall not audit any | 25286 |
| facility that has been a client of the firm or auditor; | 25287 |
| (6) Are conducted by auditors who are otherwise independent | 25288 |
| as determined by the standards of independence established by the | 25289 |
| American institute of certified public accountants; | 25290 |
| (7) Are completed within the time period specified by the | 25291 |
| department; | 25292 |
| (8) Provide to the provider complete written interpretations | 25293 |
| that explain in detail the application of all relevant contract | 25294 |
| provisions, regulations, auditing standards, rate formulae, and | 25295 |
| departmental policies, with explanations and examples, that are | 25296 |
| sufficient to permit the provider to calculate with reasonable | 25297 |
| certainty those costs that are allowable and the rate to which the | 25298 |
| provider's facility is entitled. | 25299 |
| For the purposes of division (B)(4) of this section, | 25300 |
| employment of a member of an auditor's family by a nursing | 25301 |
| facility or intermediate care facility for the mentally retarded | 25302 |
| that the auditor does not review does not constitute a direct or | 25303 |
| indirect financial interest in the ownership, financing, or | 25304 |
| operation of the facility. | 25305 |
| (C) The department, pursuant to rules adopted under section | 25306 |
| 5111.02 of the Revised Code, may conduct an exception review of | 25307 |
| assessment data submitted under section 5111.232 of the Revised | 25308 |
| Code. The department may conduct an exception review based on the | 25309 |
| findings of a certification survey conducted by the department of | 25310 |
| health, a risk analysis, or prior performance of the provider. | 25311 |
| Exception reviews shall be conducted at the facility by | 25312 |
| appropriate health professionals under contract with or employed | 25313 |
| by the department of job and family services. The professionals | 25314 |
| may review resident assessment forms and supporting documentation, | 25315 |
| conduct interviews, and observe residents to identify any patterns | 25316 |
| or trends of inaccurate assessments and resulting inaccurate | 25317 |
| case-mix scores. | 25318 |
| The rules shall establish an exception review program that | 25319 |
| requires that exception reviews do all of the following: | 25320 |
| (1) Comply with Titles XVIII and XIX; | 25321 |
| (2) Provide a written summary that states whether the | 25322 |
| resident assessment forms have been completed accurately; | 25323 |
| (3) Are conducted by health professionals who, during the | 25324 |
| period of their professional engagement or employment with the | 25325 |
| department, neither have nor are committed to acquire any direct | 25326 |
| or indirect financial interest in the ownership, financing, or | 25327 |
| operation of a nursing facility or intermediate care facility for | 25328 |
| the mentally retarded in this state; | 25329 |
| (4) Are conducted by health professionals who, as a condition | 25330 |
| of their engagement or employment with the department, shall not | 25331 |
| review any provider that has been a client of the professional. | 25332 |
| For the purposes of division (C)(3) of this section, | 25333 |
| employment of a member of a health professional's family by a | 25334 |
| nursing facility or intermediate care facility for the mentally | 25335 |
| retarded that the professional does not review does not constitute | 25336 |
| a direct or indirect financial interest in the ownership, | 25337 |
| financing, or operation of the facility. | 25338 |
| If an exception review is conducted before the effective date | 25339 |
| of the rate that is based on the case-mix data subject to the | 25340 |
| review and the review results in findings that exceed tolerance | 25341 |
| levels specified in the rules adopted under this division, the | 25342 |
| department, in accordance with those rules, may use the findings | 25343 |
| to recalculate individual resident case-mix scores, quarterly | 25344 |
| average facility case-mix scores, and annual average facility | 25345 |
| case-mix scores. The department may use the recalculated quarterly | 25346 |
| and annual facility average case-mix scores to calculate the | 25347 |
| facility's rate for direct care costs for the appropriate calendar | 25348 |
| quarter or quarters. | 25349 |
| (D) The department shall prepare a written summary of any | 25350 |
| audit disallowance or exception review finding that is made after | 25351 |
| the effective date of the rate that is based on the cost or | 25352 |
| case-mix data. Where the provider is pursuing judicial or | 25353 |
| administrative remedies in good faith regarding the disallowance | 25354 |
| or finding, the department shall not withhold from the provider's | 25355 |
| current payments any amounts the department claims to be due from | 25356 |
| the provider pursuant to section 5111.28 of the Revised Code. | 25357 |
| (E) The department shall not reduce rates calculated under | 25358 |
| sections 5111.20 to 5111.33 of the Revised Code on the basis that | 25359 |
| the provider charges a lower rate to any resident who is not | 25360 |
| eligible for the medicaid program. | 25361 |
| (F) The department shall adjust the rates calculated under | 25362 |
| sections 5111.20 to 5111.33 of the Revised Code to account for | 25363 |
|
reasonable additional costs that must be incurred by | 25364 |
| 25365 | |
| retarded to comply with requirements of federal or state statutes, | 25366 |
| rules, or policies enacted or amended after January 1, 1992, or | 25367 |
| with orders issued by state or local fire authorities. | 25368 |
| Sec. 5111.31. (A) Every provider agreement with the provider | 25369 |
| of a nursing facility or intermediate care facility for the | 25370 |
| mentally retarded shall: | 25371 |
| (1) Prohibit the provider from failing or refusing to retain | 25372 |
| as a patient any person because the person is, becomes, or may, as | 25373 |
| a patient in the facility, become a medicaid recipient. For the | 25374 |
| purposes of this division, a medicaid recipient who is a patient | 25375 |
| in a facility shall be considered a patient in the facility during | 25376 |
| any hospital stays totaling less than twenty-five days during any | 25377 |
| twelve-month period. Recipients who have been identified by the | 25378 |
| department of job and family services or its designee as requiring | 25379 |
| the level of care of an intermediate care facility for the | 25380 |
| mentally retarded shall not be subject to a maximum period of | 25381 |
| absences during which they are considered patients if prior | 25382 |
| authorization of the department for visits with relatives and | 25383 |
| friends and participation in therapeutic programs is obtained | 25384 |
| under rules adopted under section 5111.02 of the Revised Code. | 25385 |
| (2) Except as provided by division (B)(1) of this section, | 25386 |
| include any part of the facility that meets standards for | 25387 |
| certification of compliance with federal and state laws and rules | 25388 |
| for participation in the medicaid program. | 25389 |
| (3) Prohibit the provider from discriminating against any | 25390 |
| patient on the basis of race, color, sex, creed, or national | 25391 |
| origin. | 25392 |
| (4) Except as otherwise prohibited under section 5111.55 of | 25393 |
| the Revised Code, prohibit the provider from failing or refusing | 25394 |
| to accept a patient because the patient is, becomes, or may, as a | 25395 |
| patient in the facility, become a medicaid recipient if less than | 25396 |
| eighty per cent of the patients in the facility are medicaid | 25397 |
| recipients. | 25398 |
| (B)(1) Except as provided by division (B)(2) of this section, | 25399 |
| the following are not required to be included in a provider | 25400 |
| agreement unless otherwise required by federal law: | 25401 |
| (a) Beds added during the period beginning July 1, 1987, and | 25402 |
| ending July 1, 1993, to a nursing home licensed under Chapter | 25403 |
| 3721. of the Revised Code; | 25404 |
| (b) Beds in an intermediate care facility for the mentally | 25405 |
| retarded that are designated for respite care under a medicaid | 25406 |
| waiver component operated pursuant to a waiver sought under | 25407 |
| section 5111.87 of the Revised Code; | 25408 |
| (c) Beds that are converted to providing home and | 25409 |
| community-based services under the ICF/MR conversion pilot program | 25410 |
| authorized by a waiver sought under division (B)(1) of section | 25411 |
| 5111.88 of the Revised Code. | 25412 |
| (2) If a provider chooses to include a bed specified in | 25413 |
| division (B)(1)(a) of this section in a provider agreement, the | 25414 |
| bed may not be removed from the provider agreement unless the | 25415 |
| provider withdraws the facility in which the bed is located from | 25416 |
| the medicaid program. | 25417 |
| (C) Nothing in this section shall bar a provider that is a | 25418 |
| religious organization operating a religious or denominational | 25419 |
| nursing facility or intermediate care facility for the mentally | 25420 |
| retarded from giving preference to persons of the same religion or | 25421 |
| denomination. Nothing in this section shall bar any provider from | 25422 |
| giving preference to persons with whom the provider has | 25423 |
| contracted to provide continuing care. | 25424 |
| (D) Nothing in this section shall bar the provider of a | 25425 |
| county home organized under Chapter 5155. of the Revised Code from | 25426 |
| admitting residents exclusively from the county in which the | 25427 |
| county home is located. | 25428 |
| (E) No provider of a nursing facility or intermediate care | 25429 |
| facility for the mentally retarded for which a provider agreement | 25430 |
| is in effect shall violate the provider contract obligations | 25431 |
| imposed under this section. | 25432 |
| (F) Nothing in divisions (A) and (C) of this section shall | 25433 |
| bar a provider from retaining patients who have resided in the | 25434 |
| provider's facility for not less than one year as private pay | 25435 |
| patients and who subsequently become medicaid recipients, but | 25436 |
| refusing to accept as a patient any person who is or may, as a | 25437 |
| patient in the facility, become a medicaid recipient, if all of | 25438 |
| the following apply: | 25439 |
| (1) The provider does not refuse to retain any patient who | 25440 |
| has resided in the provider's facility for not less than one year | 25441 |
| as a private pay patient because the patient becomes a medicaid | 25442 |
| recipient, except as necessary to comply with division (F)(2) of | 25443 |
| this section; | 25444 |
| (2) The number of medicaid recipients retained under this | 25445 |
| division does not at any time exceed ten per cent of all the | 25446 |
| patients in the facility; | 25447 |
| (3) On July 1, 1980, all the patients in the facility were | 25448 |
| private pay patients. | 25449 |
| Sec. 5111.88. (A) As used in sections 5111.88 to | 25450 |
| 5111.8817 of the Revised Code: | 25451 |
| "Administrative agency" means the department of job and | 25452 |
| family services or, if the department assigns the day-to-day | 25453 |
| administration of the ICF/MR conversion pilot program to the | 25454 |
| department of mental retardation and developmental disabilities | 25455 |
| pursuant to section 5111.887 of the Revised Code, the department | 25456 |
| of mental retardation and developmental disabilities. | 25457 |
| "ICF/MR conversion pilot program" means the medicaid waiver | 25458 |
| component authorized by a waiver sought under division (B)(1) of | 25459 |
| this section. | 25460 |
| "ICF/MR services" means intermediate care facility for the | 25461 |
| mentally retarded services covered by the medicaid program that an | 25462 |
| intermediate care facility for the mentally retarded provides to a | 25463 |
| resident of the facility who is a medicaid recipient eligible for | 25464 |
| medicaid-covered intermediate care facility for the mentally | 25465 |
| retarded services. | 25466 |
| "Intermediate care facility for the mentally retarded" has | 25467 |
| the same meaning as in section 5111.20 of the Revised Code. | 25468 |
| "Medicaid waiver component" has the same meaning as in | 25469 |
| section 5111.85 of the Revised Code. | 25470 |
| (B) By July 1, 2006, or as soon thereafter as practical, but | 25471 |
| not later than January 1, 2007, the director of job and family | 25472 |
| services shall, after consulting with and receiving input from the | 25473 |
| ICF/MR conversion advisory council, submit both of the following | 25474 |
| to the United States secretary of health and human services: | 25475 |
| (1) An application for a waiver authorizing the ICF/MR | 25476 |
| conversion pilot program under which intermediate care facilities | 25477 |
| for the mentally retarded, other than such facilities operated by | 25478 |
| the department of mental retardation and developmental | 25479 |
| disabilities, may volunteer to convert in whole or in part from | 25480 |
| providing intermediate care facility for the mentally retarded | 25481 |
| services to providing home and community-based services and | 25482 |
| individuals with mental retardation or a developmental disability | 25483 |
| who are eligible for ICF/MR services may volunteer to receive | 25484 |
| instead home and community-based services; | 25485 |
| (2) An amendment to the state medicaid plan to authorize the | 25486 |
| director, beginning on the first day that the ICF/MR conversion | 25487 |
| pilot program begins implementation under section 5111.882 of the | 25488 |
| Revised Code and except as provided by section 5111.8811 of the | 25489 |
| Revised Code, to refuse to enter into or amend a medicaid provider | 25490 |
| agreement with the operator of an intermediate care facility for | 25491 |
| the mentally retarded if the provider agreement or amendment would | 25492 |
| authorize the operator to receive medicaid payments for more | 25493 |
| intermediate care facility for the mentally retarded beds than the | 25494 |
| operator receives on the day before that day. | 25495 |
| (C) The director shall notify the governor, speaker and | 25496 |
| minority leader of the house of representatives, and president and | 25497 |
| minority leader of the senate when the director submits the | 25498 |
| application for the ICF/MR conversion pilot program under division | 25499 |
| (B)(1) of this section and the amendment to the state medicaid | 25500 |
| plan under division (B)(2) of this section. The director is not | 25501 |
| required to submit the application and the amendment at the same | 25502 |
| time. | 25503 |
| Sec. 5111.882. If the United States secretary of health and | 25504 |
| human services approves the waiver requested under division (B)(1) | 25505 |
| of section 5111.88 of the Revised Code, the administrative agency | 25506 |
| shall implement the ICF/MR conversion pilot program for not less | 25507 |
| than three years as follows: | 25508 |
| (A) Permit no more than two hundred individuals to | 25509 |
| participate in the program at one time; | 25510 |
| (B) Select, from among volunteers only, enough intermediate | 25511 |
| care facilities for the mentally retarded to convert in whole or | 25512 |
| in part from providing ICF/MR services to providing home and | 25513 |
| community-based services as necessary to accommodate each | 25514 |
| individual participating in the program | 25515 |
| 25516 | |
| 25517 | |
| 25518 |
| (C) Subject to division (A) of this section, permit | 25519 |
| individuals who reside in an intermediate care facility for the | 25520 |
| mentally retarded that converts in whole or in part to providing | 25521 |
| home and community-based services to choose whether to participate | 25522 |
| in the program or, if the facility ceases to have enough | 25523 |
| ICF/MR-certified beds for the individual, to transfer to another | 25524 |
| intermediate care facility for the mentally retarded that | 25525 |
| 25526 | |
| individual; | 25527 |
| (D) Ensure that no individual receiving ICF/MR services | 25528 |
| 25529 | |
| medicaid-covered services that the individual is eligible to | 25530 |
| receive; | 25531 |
| (E) Collect information as necessary for the evaluation | 25532 |
| required by section 5111.889 of the Revised Code; | 25533 |
| (F) After consulting with the ICF/MR conversion advisory | 25534 |
| council, make adjustments to the program that the administrative | 25535 |
| agency and, if the administrative agency is not the department of | 25536 |
| job and family services, the department agree are both necessary | 25537 |
| for the program to be implemented more effectively and consistent | 25538 |
| with the terms of the waiver authorizing the program. No | 25539 |
| adjustment may be made that expands the size or scope of the | 25540 |
| program. | 25541 |
| Sec. 5111.889. (A) The administrative agency, in | 25542 |
| consultation with the ICF/MR conversion advisory council, shall | 25543 |
| conduct an evaluation of the ICF/MR conversion pilot program. All | 25544 |
| of the following shall be examined as part of the evaluation: | 25545 |
| (1) The effectiveness of the home and community-based | 25546 |
| services provided under the program in meeting the health and | 25547 |
| welfare needs of the individuals participating in the program as | 25548 |
| identified in the individuals' written individual service plans; | 25549 |
| (2) The satisfaction of the individuals participating in the | 25550 |
| program with the home and community-based services; | 25551 |
| (3) The impact that the conversion in whole or in part from | 25552 |
| providing ICF/MR services to providing home and community-based | 25553 |
| services has on the intermediate care facilities for the mentally | 25554 |
| retarded that so convert; | 25555 |
| (4) The program's cost effectiveness, including | 25556 |
| administrative cost effectiveness; | 25557 |
| (5) Feedback about the program from the individuals | 25558 |
| participating in the program, such individuals' families and | 25559 |
| guardians, county boards of mental retardation and developmental | 25560 |
| disabilities, and providers of home and community-based services | 25561 |
| under the program; | 25562 |
| (6) Other matters the administrative agency considers | 25563 |
| appropriate for evaluation. | 25564 |
| (B) The administrative agency, in consultation with the | 25565 |
| ICF/MR conversion advisory council, shall prepare two reports of | 25566 |
| the evaluation conducted under this section. The initial report | 25567 |
| shall be finished not sooner than the last day of the ICF/MR | 25568 |
| conversion pilot program's first year of operation. The final | 25569 |
| report shall be finished not sooner than the last day of the | 25570 |
| program's second year of operation. The administrative agency | 25571 |
| shall provide a copy of each report to the governor, president and | 25572 |
| minority leader of the senate, and speaker and minority leader of | 25573 |
| the house of representatives. | 25574 |
| Sec. 5111.8811. An intermediate care facility for the | 25575 |
| mentally retarded that converts in whole or in part from providing | 25576 |
| ICF/MR services to providing home and community-based services | 25577 |
| under the ICF/MR conversion pilot program may reconvert the | 25578 |
| converted beds to providing ICF/MR services after the program | 25579 |
| terminates unless | 25580 |
| (A) The program, following the general assembly's enactment | 25581 |
| of law authorizing the program's statewide implementation, is | 25582 |
| implemented statewide; | 25583 |
| (B) The facility no longer meets the requirements for | 25584 |
| certification as an intermediate care facility for the mentally | 25585 |
| retarded; | 25586 |
| (C) The facility no longer meets the requirements for | 25587 |
| licensure as a residential facility under section 5123.19 of the | 25588 |
| Revised Code or, if the facility is eligible under section | 25589 |
| 5123.192 of the Revised Code to be licensed as a nursing home, the | 25590 |
| requirements for licensure as a nursing home under section 3721.02 | 25591 |
| or 3721.09 of the Revised Code. | 25592 |
| Sec. 5111.8812. (A) Subject to division (B) of this section | 25593 |
| and beginning not later than two and one-half years after the date | 25594 |
| the ICF/MR conversion pilot program terminates, the department of | 25595 |
| mental retardation and developmental disabilities shall be | 25596 |
| responsible for a portion of the nonfederal share of medicaid | 25597 |
| expenditures for ICF/MR services | 25598 |
| of an intermediate care facility for the mentally retarded that | 25599 |
| 25600 | |
| section 5111.8811 of the Revised Code. The portion for which the | 25601 |
| department shall be responsible shall be the portion that the | 25602 |
| department and department of job and family services specify in an | 25603 |
| agreement. | 25604 |
| (B) The department of mental retardation and developmental | 25605 |
| disabilities shall not be responsible for any portion of the | 25606 |
| nonfederal share of medicaid expenditures for ICF/MR services | 25607 |
| incurred for any beds of an intermediate care facility for the | 25608 |
| mentally retarded that are in excess of the number of beds the | 25609 |
| facility had while participating in the ICF/MR conversion pilot | 25610 |
| program. | 25611 |
| Sec. 5111.8813. The operator of an intermediate care | 25612 |
| facility for the mentally retarded that converts only in part from | 25613 |
| providing ICF/MR services to providing home and community-based | 25614 |
| services under the ICF/MR conversion pilot program shall place the | 25615 |
| beds that convert in a distinct part of the facility that houses | 25616 |
| the intermediate care facility for the mentally retarded. | 25617 |
| Sec. 5111.8814. An intermediate care facility for the | 25618 |
| mentally retarded that converts in whole to providing home and | 25619 |
| community-based services under the ICF/MR conversion pilot program | 25620 |
| shall either be licensed as a residential facility under section | 25621 |
| 5123.19 of the Revised Code or certified to provide supported | 25622 |
| living under section 5126.431 of the Revised Code. If an | 25623 |
| intermediate care facility for the mentally retarded converts in | 25624 |
| part to providing such home and community-based services, the | 25625 |
| distinct part of the facility that provides the home and | 25626 |
| community-based services shall either be licensed as a residential | 25627 |
| facility under section 5123.19 of the Revised Code or certified to | 25628 |
| provide supported living under section 5126.431 of the Revised | 25629 |
| Code. The facility or distinct part of the facility shall be | 25630 |
| licensed as a residential facility rather than certified to | 25631 |
| provide supported living if it meets the definition of | 25632 |
| "residential facility" in section 5123.19 of the Revised Code. | 25633 |
| Sec. 5111.8815. (A) Not later than thirty days after the | 25634 |
| date a resident of an intermediate care facility for the mentally | 25635 |
| retarded is enrolled in the ICF/MR conversion pilot program, the | 25636 |
| operator of the intermediate care facility for the mentally | 25637 |
| retarded shall do the following regardless of whether the resident | 25638 |
| resides in a distinct part of a facility that also houses the | 25639 |
| intermediate care facility for the mentally retarded: | 25640 |
| (1) If the intermediate care facility for the mentally | 25641 |
| retarded is licensed as a residential facility under section | 25642 |
| 5123.19 of the Revised Code, notify the director of mental | 25643 |
| retardation and developmental disabilities of the resident's | 25644 |
| enrollment; | 25645 |
| (2) If the intermediate care facility for the mentally | 25646 |
| retarded is licensed as a nursing home under section 3721.02 of | 25647 |
| the Revised Code, notify the director of health of the resident's | 25648 |
| enrollment; | 25649 |
| (3) If the intermediate care facility for the mentally | 25650 |
| retarded is licensed as a nursing home by a political subdivision | 25651 |
| under section 3721.09 of the Revised Code, notify the officials of | 25652 |
| the political subdivision of the resident's enrollment. | 25653 |
| (B) The director of mental retardation and developmental | 25654 |
| disabilities, director of health, and officials of a political | 25655 |
| subdivision shall reduce the licensed capacity of a residential | 25656 |
| facility or nursing home by the number of the residential | 25657 |
| facility's or nursing home's residents who enroll in the ICF/MR | 25658 |
| conversion pilot program. The director of job and family services | 25659 |
| shall be notified of each reduction in licensed capacity made | 25660 |
| under this section. | 25661 |
| Sec. 5111.8816. Not later than thirty days after the date an | 25662 |
| intermediate care facility for the mentally retarded converts in | 25663 |
| whole or in part to providing home and community-based services | 25664 |
| under the ICF/MR conversion pilot program, the operator of the | 25665 |
| facility shall notify the director of job and family services of | 25666 |
| the number of beds that converted. The director of job and family | 25667 |
| services shall notify the director of health of the operator's | 25668 |
| notice. The director of health shall reduce the facility's | 25669 |
| certified capacity by the number of beds that convert. The | 25670 |
| director of health shall notify the director of job and family | 25671 |
| services whenever the director of health takes action under this | 25672 |
| section. | 25673 |
| Sec. 5111.8817. On receipt of notice from the director of | 25674 |
| health under section 5111.8816 of the Revised Code that the | 25675 |
| director has reduced the certified capacity of an intermediate | 25676 |
| care facility for the mentally retarded, the director of job and | 25677 |
| family services shall amend the facility's medicaid provider | 25678 |
| agreement to reflect the facility's reduced certified capacity or, | 25679 |
| if the facility's certified capacity is reduced to zero, terminate | 25680 |
| the facility's medicaid provider agreement. | 25681 |
| Sec. 5111.941. The medicaid revenue and collections fund is | 25682 |
| hereby created in the state treasury. Except as otherwise provided | 25683 |
| by statute or as authorized by the controlling board, the | 25684 |
| non-federal share of all medicaid-related revenues, collections, | 25685 |
| and recoveries shall be credited to the fund. The department of | 25686 |
| job and family services shall use money credited to the fund to | 25687 |
| pay for medicaid services and contracts. | 25688 |
| | 25689 |
| fund is hereby
created in the state treasury. | 25690 |
| following shall be credited to the fund: | 25691 |
| (1) The non-federal share of all rebates paid by drug | 25692 |
| manufacturers to the department of job and family services in | 25693 |
| accordance with a rebate agreement required by 42 U.S.C.A. 1396r-8 | 25694 |
| 25695 |
| (2) The non-federal share of all supplemental rebates paid by | 25696 |
| drug manufacturers to the department of job and family services in | 25697 |
| accordance with the supplemental drug rebate program established | 25698 |
| under section 5111.081 of the Revised Code. | 25699 |
| (B) The department of job and family services shall use money | 25700 |
| credited to the prescription drug rebates fund to pay for medicaid | 25701 |
| services and contracts. | 25702 |
| Sec. 5111.943. (A) The health care - federal fund is hereby | 25703 |
| created in the state treasury. All of the following shall be | 25704 |
| credited to the fund: | 25705 |
| (1) Funds that division (B) of section 5112.18 of the Revised | 25706 |
| Code requires be credited to the fund; | 25707 |
| (2) The federal share of all rebates paid by drug | 25708 |
| manufacturers to the department of job and family services in | 25709 |
| accordance with a rebate agreement required by 42 U.S.C. 1396r-8; | 25710 |
| (3) The federal share of all supplemental rebates paid by | 25711 |
| drug manufacturers to the department of job and family services in | 25712 |
| accordance with the supplemental drug rebate program established | 25713 |
| under section 5111.081 of the Revised Code; | 25714 |
| (4) Except as otherwise provided by statute or as authorized | 25715 |
| by the controlling board, the federal share of all other | 25716 |
| medicaid-related revenues, collections, and recoveries. | 25717 |
| (B) All money credited to the health care - federal fund | 25718 |
| pursuant to division (B) of section 5112.18 of the Revised Code | 25719 |
| shall be used solely for distributing funds to hospitals under | 25720 |
| section 5112.08 of the Revised Code. The department of job and | 25721 |
| family services shall use all other money credited to the fund to | 25722 |
| pay for other medicaid services and contracts. | 25723 |
| Sec. 5112.08. The director of job and family services shall | 25724 |
| adopt rules under section 5112.03 of the Revised Code establishing | 25725 |
| a methodology to pay hospitals that is sufficient to expend all | 25726 |
| money in the indigent care pool. Under the rules: | 25727 |
| (A) The department of job and family services may classify | 25728 |
| similar hospitals into groups and allocate funds for distribution | 25729 |
| within each group. | 25730 |
| (B) The department shall establish a method of allocating | 25731 |
| funds to hospitals, taking into consideration the relative amount | 25732 |
| of indigent care provided by each hospital or group of hospitals. | 25733 |
| The amount to be allocated shall be based on any combination of | 25734 |
| the following indicators of indigent care that the director | 25735 |
| considers appropriate: | 25736 |
| (1) Total costs, volume, or proportion of services to | 25737 |
| recipients of the medical assistance program, including recipients | 25738 |
| enrolled in health insuring corporations; | 25739 |
| (2) Total costs, volume, or proportion of services to | 25740 |
| low-income patients in addition to recipients of the medical | 25741 |
| assistance program, which may include recipients of Title V of the | 25742 |
| "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as | 25743 |
| amended, and recipients of financial or medical assistance | 25744 |
| provided under Chapter 5115. of the Revised Code; | 25745 |
| (3) The amount of uncompensated care provided by the hospital | 25746 |
| or group of hospitals; | 25747 |
| (4) Other factors that the director considers to be | 25748 |
| appropriate indicators of indigent care. | 25749 |
| (C) The department shall distribute funds to each hospital or | 25750 |
| group of hospitals in a manner that first may provide for an | 25751 |
| additional distribution to individual hospitals that provide a | 25752 |
| high proportion of indigent care in relation to the total care | 25753 |
| provided by the hospital or in relation to other hospitals. The | 25754 |
| department shall establish a formula to distribute the remainder | 25755 |
| of the funds. The formula shall be consistent with section 1923 of | 25756 |
| the "Social Security Act," 42 U.S.C.A. 1396r-4, as amended, shall | 25757 |
| be based on any combination of the indicators of indigent care | 25758 |
| listed in division (B) of this section that the director considers | 25759 |
| appropriate. | 25760 |
| (D) The department shall distribute funds to each hospital in | 25761 |
| installments not later than ten working days after the deadline | 25762 |
| established in rules for each hospital to pay an installment on | 25763 |
| its assessment under section 5112.06 of the Revised Code. In the | 25764 |
| case of a governmental hospital that makes intergovernmental | 25765 |
| transfers, the department shall pay an installment under this | 25766 |
| section not later than ten working days after the earlier of that | 25767 |
| deadline or the deadline established in rules for the governmental | 25768 |
| hospital to pay an installment on its intergovernmental transfer. | 25769 |
| If the amount in the hospital care assurance program fund created | 25770 |
| under section 5112.18 of the Revised Code and the
| 25771 |
| 25772 | |
| under section 5111.943 of the Revised Code that is credited to | 25773 |
| that fund pursuant to division (B) of section 5112.18 of the | 25774 |
| Revised Code | 25775 |
| for which hospitals are eligible to receive in any period, the | 25776 |
| department shall reduce the amount of each distribution by the | 25777 |
| percentage by which the amount | 25778 |
| The department shall distribute to hospitals any amounts not | 25779 |
| distributed in the period in which they are due as soon as moneys | 25780 |
| are available in the funds. | 25781 |
| Sec. 5112.18. (A) Except as provided in section 5112.19 of | 25782 |
| the Revised Code, all payments of assessments by hospitals under | 25783 |
| section 5112.06 of the Revised Code and all intergovernmental | 25784 |
| transfers under section 5112.07 of the Revised Code shall be | 25785 |
| deposited in the state treasury to the credit of the hospital care | 25786 |
| assurance program fund, hereby created. All investment earnings of | 25787 |
| the hospital care assurance program fund shall be credited to the | 25788 |
| fund. The department of job and family services shall maintain | 25789 |
| records that show the amount of money in the hospital care | 25790 |
| assurance program fund at any time that has been paid by each | 25791 |
| hospital and the amount of any investment earnings on that amount. | 25792 |
| All moneys credited to the hospital care assurance program fund | 25793 |
| shall be used solely to make payments to hospitals under division | 25794 |
| (D) of this section and section 5112.08 of the Revised Code. | 25795 |
| (B) All federal matching funds received as a result of the | 25796 |
| department distributing funds from the hospital care assurance | 25797 |
| program fund to hospitals under section 5112.08 of the Revised | 25798 |
|
Code
shall be credited to the | 25799 |
| care - federal fund | 25800 |
| under section 5111.943 of the Revised Code. | 25801 |
| 25802 | |
| 25803 | |
| 25804 |
| (C) All distributions of funds to hospitals under section | 25805 |
| 5112.08 of the Revised Code are conditional on: | 25806 |
| (1) Expiration of the time for appeals under section 5112.09 | 25807 |
| of the Revised Code without the filing of an appeal, or on court | 25808 |
| determinations, in the event of appeals, that the hospital is | 25809 |
| entitled to the funds; | 25810 |
| (2) The | 25811 |
| 25812 | |
| 25813 | |
| after
the final determination of any
appeals | 25814 |
| (a) The available money in the hospital care assurance | 25815 |
| program fund; | 25816 |
| (b) The available portion of the money in the health care - | 25817 |
| federal fund that is credited to that fund pursuant to division | 25818 |
| (B) of this section. | 25819 |
| (3) The hospital's compliance with section 5112.17 of the | 25820 |
| Revised Code. | 25821 |
| (D) If an audit conducted by the department of the amounts of | 25822 |
| payments made and funds received by hospitals under sections | 25823 |
| 5112.06, 5112.07, and 5112.08 of the Revised Code identifies | 25824 |
| amounts that, due to errors by the department, a hospital should | 25825 |
| not have been required to pay but did pay, should have been | 25826 |
| required to pay but did not pay, should not have received but did | 25827 |
| receive, or should have received but did not receive, the | 25828 |
| department shall: | 25829 |
| (1) Make payments to any hospital that the audit reveals paid | 25830 |
| amounts it should not have been required to pay or did not receive | 25831 |
| amounts it should have received; | 25832 |
| (2) Take action to recover from a hospital any amounts that | 25833 |
| the audit reveals it should have been required to pay but did not | 25834 |
| pay or that it should not have received but did receive. | 25835 |
| Payments made under division (D)(1) of this section shall be | 25836 |
| made from the hospital care assurance program fund. Amounts | 25837 |
| recovered under division (D)(2) of this section shall be deposited | 25838 |
| to the credit of that fund. Any hospital may appeal the amount the | 25839 |
| hospital is to be paid under division (D)(1) or the amount that is | 25840 |
| to be recovered from the hospital under division (D)(2) of this | 25841 |
| section to the court of common pleas of Franklin county. | 25842 |
| Sec. 5112.31. The department of job and family services | 25843 |
| shall do all of the following: | 25844 |
| (A) For the purpose of providing home and community-based | 25845 |
| services for mentally retarded and developmentally disabled | 25846 |
| persons, annually assess each intermediate care facility for the | 25847 |
| mentally retarded a franchise permit fee equal to nine dollars and | 25848 |
| sixty-three cents multiplied, except as adjusted under section | 25849 |
| 5112.311 of the Revised Code, by the product of the following: | 25850 |
| (1) The number of beds certified under Title XIX of the | 25851 |
| "Social Security Act" on the first day of May of the calendar year | 25852 |
| in which the assessment is determined pursuant to division (A) of | 25853 |
| section 5112.33 of the Revised Code; | 25854 |
| (2) The number of days in the fiscal year beginning on the | 25855 |
| first day of July of the same calendar year. | 25856 |
| (B) Beginning July 1, 2007, and the first day of each July | 25857 |
| thereafter, adjust fees determined under division (A) of this | 25858 |
| section in accordance with the composite inflation factor | 25859 |
| established in rules adopted under section 5112.39 of the Revised | 25860 |
| Code. | 25861 |
| (C) If the United States secretary of health and human | 25862 |
| services determines that the franchise permit fee established by | 25863 |
| sections 5112.30 to 5112.39 of the Revised Code would be an | 25864 |
| impermissible health care-related tax under section 1903(w) of the | 25865 |
| "Social Security Act," 42 U.S.C.A. 1396b(w), as amended, take all | 25866 |
| necessary actions to cease implementation of those sections in | 25867 |
| accordance with rules adopted under section 5112.39 of the Revised | 25868 |
| Code. | 25869 |
| Sec. 5112.311. If, under section 5111.8816 of the Revised | 25870 |
| Code, the certified capacity of an intermediate care facility for | 25871 |
| the mentally retarded is reduced, the department of job and family | 25872 |
| services shall adjust the franchise permit fee the facility was | 25873 |
| assessed under section 5112.31 of the Revised Code accordingly. | 25874 |
| If, under section 5111.8811 of the Revised Code, the certified | 25875 |
| capacity of an intermediate care facility for the mentally | 25876 |
| retarded is increased, the department may adjust the franchise | 25877 |
| permit fee the facility was assessed under section 5112.31 of the | 25878 |
| Revised Code accordingly. | 25879 |
| Sec. 5115.04. (A) The department of job and family services | 25880 |
| shall supervise and administer the disability financial assistance | 25881 |
| program, except that the department may require county departments | 25882 |
| of job and family services to perform any administrative function | 25883 |
| specified in rules adopted by the director of job and family | 25884 |
| services. | 25885 |
| (B) If the department requires county departments to perform | 25886 |
| administrative functions under this section, the director shall | 25887 |
| adopt rules in accordance with section 111.15 of the Revised Code | 25888 |
| governing the performance of the functions to be performed by | 25889 |
| county departments. County departments shall perform the functions | 25890 |
| in accordance with the rules. The director shall conduct | 25891 |
| investigations to determine whether disability financial | 25892 |
| assistance is being administered in compliance with the Revised | 25893 |
| Code and rules adopted by the director. | 25894 |
| (C) If disability financial assistance payments are made by | 25895 |
| the county department of job and family services, the department | 25896 |
| shall advance sufficient funds to provide the county treasurer | 25897 |
| with the amount estimated for the payments. Financial assistance | 25898 |
| payments shall
be distributed in accordance with sections | 25899 |
| 126.35, 319.16, and 329.03 of the Revised Code. | 25900 |
| Sec. 5119.16. As used in this section, "free clinic" has the | 25901 |
| same meaning as in section 2305.2341 of the Revised Code. | 25902 |
| (A) The department of mental health is hereby designated to | 25903 |
| provide certain goods and services for the department of mental | 25904 |
| health, the department of mental retardation and developmental | 25905 |
| disabilities, the department of rehabilitation and correction, the | 25906 |
| department of youth services, and other state, county, or | 25907 |
| municipal agencies requesting such goods and services when the | 25908 |
| department of mental health determines that it is in the public | 25909 |
| interest, and considers it advisable, to provide these goods and | 25910 |
| services. The department of mental health also may provide goods | 25911 |
| and services to agencies operated by the United States government | 25912 |
| and to public or private nonprofit agencies, other than free | 25913 |
| clinics, that are funded in whole or in part by the state if the | 25914 |
| public or private nonprofit agencies are designated for | 25915 |
| participation in this program by the director of mental health for | 25916 |
| community mental health agencies, the director of mental | 25917 |
| retardation and developmental disabilities for community mental | 25918 |
| retardation and developmental disabilities agencies, the director | 25919 |
| of rehabilitation and correction for community rehabilitation and | 25920 |
| correction agencies, or the director of youth services for | 25921 |
|
community youth services agencies. | 25922 |
| 25923 | |
| 25924 | |
| 25925 | |
| 25926 |
| Designated community agencies shall receive goods and | 25927 |
| services through the department of mental health only in those | 25928 |
| cases where the designating state agency certifies that providing | 25929 |
| such goods and services to the agency will conserve public | 25930 |
| resources to the benefit of the public and where the provision of | 25931 |
| such goods and services is considered feasible by the department | 25932 |
| of mental health. | 25933 |
| | 25934 |
| 25935 |
| | 25936 |
| clinics to purchase certain goods and services to the extent the | 25937 |
| purchases fall within the exemption to the Robinson-Patman Act, 15 | 25938 |
| U.S.C. 13 et seq., applicable to non-profit institutions, in 15 | 25939 |
| U.S.C. 13c, as amended. | 25940 |
| (C) The goods and services to be provided by the department | 25941 |
| of mental health under divisions (A) and (B) of this section may | 25942 |
| include: | 25943 |
| (1) Procurement, storage, processing, and distribution of | 25944 |
| food and professional consultation on food operations; | 25945 |
| (2) Procurement, storage, and distribution of medical and | 25946 |
| laboratory supplies, dental supplies, medical records, forms, | 25947 |
| optical supplies, and sundries, subject to section 5120.135 of the | 25948 |
| Revised Code; | 25949 |
| (3) Procurement, storage, repackaging, distribution, and | 25950 |
| dispensing of drugs, the provision of professional pharmacy | 25951 |
| consultation, and drug information services; | 25952 |
| (4) Other goods and services as may be agreed to. | 25953 |
| | 25954 |
|
goods and services designated in division | 25955 |
| to its institutions and to state-operated community-based mental | 25956 |
| health services. | 25957 |
| | 25958 |
| of mental retardation and developmental disabilities, the director | 25959 |
| of rehabilitation and correction, and the director of youth | 25960 |
| services, the department of mental health shall provide the goods | 25961 |
| and services designated in division | 25962 |
| department of mental retardation and developmental disabilities, | 25963 |
| the department of rehabilitation and correction, and the | 25964 |
| department of youth services. | 25965 |
| | 25966 |
| determined by the department of mental health and paid by the | 25967 |
| agencies or free clinics receiving the goods and services to the | 25968 |
| department for deposit in the state treasury to the credit of the | 25969 |
| mental health fund, which is hereby created. The fund shall be | 25970 |
| used to pay the cost of administration of this section to the | 25971 |
| department. | 25972 |
| | 25973 |
| of this section are not provided in a satisfactory manner by the | 25974 |
| department of mental health to the agencies described in division | 25975 |
| (A) of this section, the director of mental retardation and | 25976 |
| developmental disabilities, the director of rehabilitation and | 25977 |
| correction, the director of youth services, or the managing | 25978 |
| officer of a department of mental health institution shall attempt | 25979 |
| to resolve unsatisfactory service with the director of mental | 25980 |
| health. If, after such attempt, the provision of goods or services | 25981 |
| continues to be unsatisfactory, the director or officer shall | 25982 |
| notify the director of mental health. If within thirty days of | 25983 |
| such notice the department of mental health does not provide the | 25984 |
| specified goods and services in a satisfactory manner, the | 25985 |
| director of mental retardation and developmental disabilities, the | 25986 |
| director of rehabilitation and correction, the director of youth | 25987 |
| services, or the managing officer of the department of mental | 25988 |
| health institution shall notify the director of mental health of | 25989 |
| the director's or managing officer's intent to cease purchasing | 25990 |
| goods and services from the department. Following a sixty-day | 25991 |
| cancellation period from the date of such notice, the department | 25992 |
| of mental retardation, department of rehabilitation and | 25993 |
| correction, department of youth services, or the department of | 25994 |
| mental health institution may obtain the goods and services from a | 25995 |
| source other than the department of mental health, if the | 25996 |
| department certifies to the department of administrative services | 25997 |
| that the requirements of this division have been met. | 25998 |
| | 25999 |
| goods and services provided under this section within thirty-one | 26000 |
| days after the date the payment was due, the office of budget and | 26001 |
| management may transfer moneys from the state agency to the | 26002 |
| department of mental health. The amount transferred shall not | 26003 |
| exceed the amount of overdue payments. Prior to making a transfer | 26004 |
| under this division, the office of budget and management shall | 26005 |
| apply any credits the state agency has accumulated in payments for | 26006 |
| goods and services provided under this section. | 26007 |
| (I) Purchases of goods and services under this section are | 26008 |
| not subject to section 307.86 of the Revised Code. | 26009 |
| Sec. 5123.0413. (A) The department of mental retardation and | 26010 |
| developmental disabilities, in consultation with the department of | 26011 |
| job and family services, office of budget and management, and | 26012 |
| county boards of mental retardation and developmental | 26013 |
| disabilities, shall adopt rules in accordance with Chapter 119. of | 26014 |
| the Revised Code no later than January 1, 2002, establishing a | 26015 |
| method of paying for extraordinary costs, including extraordinary | 26016 |
| costs for services to individuals with mental retardation or other | 26017 |
| developmental disability, and ensure the availability of adequate | 26018 |
| funds in the event a county property tax levy for services for | 26019 |
| individuals with mental retardation or other developmental | 26020 |
|
disability fails. The rules may provide for using and managing | 26021 |
| either
or | 26022 |
| (1) | 26023 |
| 26024 |
| | 26025 |
| state treasury; | 26026 |
| | 26027 |
| hereby created in the state treasury. | 26028 |
| (B) Beginning January 1, 2002, the department of job and | 26029 |
| family services may not request approval from the United States | 26030 |
| secretary of health and human services to increase the number of | 26031 |
| slots for home and community-based services until the rules | 26032 |
| required by division (A) of this section are in effect. | 26033 |
| Sec. 5123.196. (A) Except as provided in | 26034 |
| (F) of this section, the director of mental retardation and | 26035 |
| developmental disabilities shall not issue a license under section | 26036 |
| 5123.19 of the Revised Code on or after July 1, 2003, if issuance | 26037 |
| will result in there being more beds in all residential facilities | 26038 |
| licensed under that section than is permitted under division (B) | 26039 |
| of this section. | 26040 |
| (B) | 26041 |
| the maximum number of beds for the purpose of division (A) of this | 26042 |
| section shall not exceed ten thousand eight hundred thirty-eight | 26043 |
| minus, except as provided in division (C) of this section, both of | 26044 |
| the following: | 26045 |
| (1) The number of such beds that cease to be residential | 26046 |
| facility beds on or after July 1, 2003, because a residential | 26047 |
| facility license is revoked, terminated, or not renewed for any | 26048 |
| reason or is surrendered in accordance with section 5123.19 of the | 26049 |
| Revised Code and after the issuance of an adjudication order | 26050 |
| pursuant to Chapter 119. of the Revised Code; | 26051 |
| (2) The number of such beds for which a licensee voluntarily | 26052 |
| converts to use for supported living on or after July 1, 2003. | 26053 |
| (C) The director is not required to reduce the maximum number | 26054 |
| of beds pursuant to division (B) of this section by a bed that | 26055 |
| ceases to be a residential facility bed if the director determines | 26056 |
| that the bed is needed to provide services to an individual with | 26057 |
| mental retardation or a developmental disability who resided in | 26058 |
| the residential facility in which the bed was located unless the | 26059 |
| reason the bed ceases to be a residential facility bed is because | 26060 |
| it is converted to providing home and community-based services | 26061 |
| under the ICF/MR conversion pilot program that is authorized by a | 26062 |
| waiver sought under division (B)(1) of section 5111.88 of the | 26063 |
| Revised Code. | 26064 |
| (D) The director shall increase the number of beds determined | 26065 |
| under division (B) of this section if necessary to enable the | 26066 |
| operator of a residential facility to do either of the following: | 26067 |
| (1) Obtain a residential facility license as required by | 26068 |
| section 5111.8814 of the Revised Code; | 26069 |
| (2) Reconvert beds to providing ICF/MR services under section | 26070 |
| 5111.8811 of the Revised Code. | 26071 |
| (E) The director shall maintain an up-to-date written record | 26072 |
| of the maximum number of residential facility beds provided for by | 26073 |
| division (B) of this section. | 26074 |
| (F) The director may issue an interim license under division | 26075 |
| (R) of section 5123.19 of the Revised Code and issue, pursuant to | 26076 |
| rules adopted under division (G)(11) of that section, a waiver | 26077 |
| allowing a residential facility to admit more residents than the | 26078 |
| facility is licensed to admit regardless of whether the interim | 26079 |
| license or waiver will result in there being more beds in all | 26080 |
| residential facilities licensed under that section than is | 26081 |
| permitted under division (B) of this section. | 26082 |
| Sec. 5123.36. (A) To the extent funds are available and on | 26083 |
| application by a county | 26084 |
|
developmental disabilities or private nonprofit | 26085 |
| incorporated to provide mental retardation or developmental | 26086 |
|
disability services, | 26087 |
| retardation and developmental disabilities may enter into an | 26088 |
| agreement with the county board or agency to assist the county | 26089 |
| board or agency with a mental retardation or developmental | 26090 |
| disability construction | 26091 |
| 26092 |
| | 26093 |
| section, the director may | 26094 |
| ninety per cent of the total project cost where circumstances | 26095 |
| warrant | 26096 |
| | 26097 |
| existing facilities or other in-kind match for the local share of | 26098 |
| the communities' share of the cost. | 26099 |
| (B) Upon the recommendation of the director, for | 26100 |
| projects of the highest priority of the department of mental | 26101 |
| retardation
and developmental disabilities, | 26102 |
| 26103 | |
| 26104 | |
| authorize the director to provide more than ninety per cent of the | 26105 |
| total cost of a project under this section. | 26106 |
| (C) A county board is eligible for funds under this section | 26107 |
| for a project bid on or after January 1, 1992, under either | 26108 |
| section 153.07 or 307.86 of the Revised Code, as long as all other | 26109 |
| applicable requirements were followed. | 26110 |
| (D) The director may not assist a project under this section | 26111 |
| unless the controlling board or director of budget and management | 26112 |
| also approves the project pursuant to section 126.14 of the | 26113 |
| Revised Code. | 26114 |
| Sec. 5123.37. A county board of mental retardation and | 26115 |
| developmental disabilities or private, nonprofit agency that | 26116 |
| receives state funds pursuant to an agreement with the director of | 26117 |
| mental retardation and developmental disabilities under section | 26118 |
| 5123.36 of the Revised Code to acquire a facility may apply to the | 26119 |
| director for approval to sell the facility before the terms of the | 26120 |
| agreement expire for the purpose of acquiring a replacement | 26121 |
| facility to be used to provide mental retardation or developmental | 26122 |
| disability services to individuals the county board or agency | 26123 |
| serves. The application shall be made on a form the director shall | 26124 |
| prescribe. The county board or agency shall include in the | 26125 |
| application the specific purpose for which the replacement | 26126 |
| facility is to be used. The director may refuse to approve the | 26127 |
| application if the director determines that any of the following | 26128 |
| apply: | 26129 |
| (A) The application is incomplete or indicates that the | 26130 |
| county board or agency is unable to purchase a replacement | 26131 |
| facility. | 26132 |
| (B) The replacement facility would not be used to continue to | 26133 |
| provide mental retardation or developmental disability services | 26134 |
| that the director determines are appropriate for the individuals | 26135 |
| the county board or agency serves. | 26136 |
| (C) The county board or agency has failed to comply with a | 26137 |
| provision of Chapter 5123. or 5126. of the Revised Code or a rule | 26138 |
| adopted by the director. | 26139 |
| (D) Approving the application would be inconsistent with the | 26140 |
| plans and priorities of the department of mental retardation and | 26141 |
| developmental disabilities. | 26142 |
| Sec. 5123.371. If the director of mental retardation and | 26143 |
| developmental disabilities approves an application submitted under | 26144 |
| section 5123.37 of the Revised Code, the county board of mental | 26145 |
| retardation and developmental disabilities or private, nonprofit | 26146 |
| agency that submitted the application shall, after selling the | 26147 |
| facility for which the county board or agency received approval to | 26148 |
| sell, pay to the director the portion of the proceeds that equals | 26149 |
| the amount that the director determines the county board or agency | 26150 |
| owes the department of mental retardation and developmental | 26151 |
| disabilities, including the department's security interest in the | 26152 |
| facility, for the state funds used to acquire the facility. | 26153 |
| Sec. 5123.372. If the director of mental retardation and | 26154 |
| developmental disabilities approves an application submitted under | 26155 |
| section 5123.37 of the Revised Code, the director shall establish | 26156 |
| a deadline by which the county board of mental retardation and | 26157 |
| developmental disabilities or private, nonprofit agency that | 26158 |
| submitted the application must notify the director that the county | 26159 |
| board or agency is ready to acquire a replacement facility to be | 26160 |
| used for the purpose stated in the application. The director may | 26161 |
| extend the deadline as many times as the director determines | 26162 |
| necessary. | 26163 |
| Sec. 5123.373. If, on or before the deadline or, if any, the | 26164 |
| last extended deadline established under section 5123.372 of the | 26165 |
| Revised Code for a county board of mental retardation and | 26166 |
| developmental disabilities or private, nonprofit agency, the | 26167 |
| county board or agency notifies the director of mental retardation | 26168 |
| and developmental disabilities that the county board or agency is | 26169 |
| ready to acquire the replacement facility, the director shall | 26170 |
| enter into an agreement with the county board or agency that | 26171 |
| provides for the director to pay to the county board or agency a | 26172 |
| percentage of the cost of acquiring the replacement facility. The | 26173 |
| agreement shall specify the amount that the director shall pay. | 26174 |
| The amount may be the amount of the security interest that the | 26175 |
| department of mental retardation and developmental disabilities | 26176 |
| had in the previous facility or a different amount. The agreement | 26177 |
| may provide for the department to hold a security interest in the | 26178 |
| replacement facility. | 26179 |
| Sec. 5123.374. (A) The director of mental retardation and | 26180 |
| developmental disabilities may rescind approval of an application | 26181 |
| submitted under section 5123.37 of the Revised Code if either of | 26182 |
| the following occurs: | 26183 |
| (1) The county board of mental retardation and developmental | 26184 |
| disabilities or private, nonprofit agency that submitted the | 26185 |
| application fails, on or before the deadline or, if any, the last | 26186 |
| extended deadline established under section 5123.372 of the | 26187 |
| Revised Code for the county board or agency, to notify the | 26188 |
| director that the county board or agency is ready to acquire the | 26189 |
| replacement facility. | 26190 |
| (2) The county board or agency at any time notifies the | 26191 |
| director that the county board or agency no longer intends to | 26192 |
| acquire a replacement facility. | 26193 |
| (B) If the director rescinds approval of an application, the | 26194 |
| director shall use any funds the county board or agency paid to | 26195 |
| the director under section 5123.371 of the Revised Code to assist | 26196 |
| mental retardation or developmental disabilities construction | 26197 |
| projects under section 5123.36 of the Revised Code. | 26198 |
| Sec. 5123.375. The MR/DD community capital replacement | 26199 |
| facilities fund is hereby created in the state treasury. The | 26200 |
| director of mental retardation and developmental disabilities | 26201 |
| shall credit all amounts paid to the director under section | 26202 |
| 5123.371 of the Revised Code to the fund. The director shall use | 26203 |
| the money in the fund as follows: | 26204 |
| (A) To make payments to county boards of mental retardation | 26205 |
| and developmental disabilities and private, nonprofit agencies | 26206 |
| pursuant to agreements entered into under section 5123.373 of the | 26207 |
| Revised Code; | 26208 |
| (B) To provide, pursuant to section 5123.374 of the Revised | 26209 |
| Code, assistance for mental retardation or developmental | 26210 |
| disabilities construction projects under section 5123.36 of the | 26211 |
| Revised Code. | 26212 |
| Sec. 5139.50. (A) The release authority of the department of | 26213 |
| youth services is hereby created as a bureau in the department. | 26214 |
| The release authority shall consist of five members who are | 26215 |
| appointed by the director of youth services and who have the | 26216 |
| qualifications specified in division (B) of this section. The | 26217 |
| members of the release authority shall devote their full time to | 26218 |
| the duties of the release authority and shall neither seek nor | 26219 |
| hold other public office. The members shall be in the unclassified | 26220 |
| civil service. | 26221 |
| (B) A person appointed as a member of the release authority | 26222 |
| shall have a bachelor's degree from an accredited college or | 26223 |
| university or equivalent relevant experience and shall have the | 26224 |
| skills, training, or experience necessary to analyze issues of | 26225 |
| law, administration, and public policy. The membership of the | 26226 |
| release authority shall represent, insofar as practicable, the | 26227 |
| diversity found in the children in the legal custody of the | 26228 |
| department of youth services. | 26229 |
| In appointing the five members, the director shall ensure | 26230 |
| that the appointments include all of the following: | 26231 |
| (1) At least four members who have five or more years of | 26232 |
| experience in criminal justice, juvenile justice, or an equivalent | 26233 |
| relevant profession; | 26234 |
| (2) At least one member who has experience in victim services | 26235 |
| or advocacy or who has been a victim of a crime or is a family | 26236 |
| member of a victim; | 26237 |
| (3) At least one member who has experience in direct care | 26238 |
|
services to delinquent children | 26239 |
| | 26240 |
| 26241 |
| (C) The initial appointments of members of the release | 26242 |
| authority shall be for a term of six years for the chairperson and | 26243 |
| one member, a term of four years for two members, and a term of | 26244 |
| two years for one member. Thereafter, members shall be appointed | 26245 |
| for six-year terms. At the conclusion of a term, a member shall | 26246 |
| hold office until the appointment and qualification of the | 26247 |
| member's successor. The director shall fill a vacancy occurring | 26248 |
| before the expiration of a term for the remainder of that term | 26249 |
| and, if a member is on extended leave or disability status for | 26250 |
| more than thirty work days, may appoint an interim member to | 26251 |
| fulfill the duties of that member. A member may be reappointed, | 26252 |
| but a member may serve no more than two consecutive terms | 26253 |
| regardless of the length of the member's initial term. A member | 26254 |
| may be removed for good cause by the director. | 26255 |
| (D) The director of youth services shall designate as | 26256 |
| chairperson of the release authority one of the members who has | 26257 |
| experience in criminal justice, juvenile justice, or an equivalent | 26258 |
| relevant profession. The chairperson shall be a managing officer | 26259 |
| of the department, shall supervise the members of the board and | 26260 |
| the other staff in the bureau, and shall perform all duties and | 26261 |
| functions necessary to ensure that the release authority | 26262 |
| discharges its responsibilities. The chairperson shall serve as | 26263 |
| the official spokesperson for the release authority. | 26264 |
| (E) The release authority shall do all of the following: | 26265 |
| (1) Serve as the final and sole authority for making | 26266 |
| decisions, in the interests of public safety and the children | 26267 |
| involved, regarding the release and discharge of all children | 26268 |
| committed to the legal custody of the department of youth | 26269 |
| services, except children placed by a juvenile court on judicial | 26270 |
| release to court supervision or on judicial release to department | 26271 |
| of youth services supervision, children who have not completed a | 26272 |
| prescribed minimum period of time or prescribed period of time in | 26273 |
| a secure facility, or children who are required to remain in a | 26274 |
| secure facility until they attain twenty-one years of age; | 26275 |
| (2) Establish written policies and procedures for conducting | 26276 |
| reviews of the status for all youth in the custody of the | 26277 |
| department, setting or modifying dates of release and discharge, | 26278 |
| specifying the duration, terms, and conditions of release to be | 26279 |
| carried out in supervised release subject to the addition of | 26280 |
| additional consistent terms and conditions by a court in | 26281 |
| accordance with section 5139.51 of the Revised Code, and giving a | 26282 |
| child notice of all reviews; | 26283 |
| (3) Maintain records of its official actions, decisions, | 26284 |
| orders, and hearing summaries and make the records accessible in | 26285 |
| accordance with division (D) of section 5139.05 of the Revised | 26286 |
| Code; | 26287 |
| (4) Cooperate with public and private agencies, communities, | 26288 |
| private groups, and individuals for the development and | 26289 |
| improvement of its services; | 26290 |
| (5) Collect, develop, and maintain statistical information | 26291 |
| regarding its services and decisions; | 26292 |
| (6) Submit to the director an annual report that includes a | 26293 |
| description of the operations of the release authority, an | 26294 |
| evaluation of its effectiveness, recommendations for statutory, | 26295 |
| budgetary, or other changes necessary to improve its | 26296 |
| effectiveness, and any other information required by the director. | 26297 |
| (F) The release authority may do any of the following: | 26298 |
| (1) Conduct inquiries, investigations, and reviews and hold | 26299 |
| hearings and other proceedings necessary to properly discharge its | 26300 |
| responsibilities; | 26301 |
| (2) Issue subpoenas, enforceable in a court of law, to compel | 26302 |
| a person to appear, give testimony, or produce documentary | 26303 |
| information or other tangible items relating to a matter under | 26304 |
| inquiry, investigation, review, or hearing; | 26305 |
| (3) Administer oaths and receive testimony of persons under | 26306 |
| oath; | 26307 |
| (4) Request assistance, services, and information from a | 26308 |
| public agency to enable the authority to discharge its | 26309 |
| responsibilities and receive the assistance, services, and | 26310 |
| information from the public agency in a reasonable period of time; | 26311 |
| (5) Request from a public agency or any other entity that | 26312 |
| provides or has provided services to a child committed to the | 26313 |
| department's legal custody information to enable the release | 26314 |
| authority to properly discharge its responsibilities with respect | 26315 |
| to that child and receive the information from the public agency | 26316 |
| or other entity in a reasonable period of time. | 26317 |
| (G) The release authority may delegate responsibilities to | 26318 |
| hearing officers or other designated staff under the release | 26319 |
| authority's auspices. However, the release authority shall not | 26320 |
| delegate its authority to make final decisions regarding policy or | 26321 |
| the release of a child. | 26322 |
| The release authority shall adopt a written policy and | 26323 |
| procedures governing appeals of its release and discharge | 26324 |
| decisions. | 26325 |
| (H) The legal staff of the department of youth services shall | 26326 |
| provide assistance to the release authority in the formulation of | 26327 |
| policy and in its handling of individual cases. | 26328 |
| Sec. 5502.261. A board of county commissioners that has | 26329 |
| entered into an agreement to establish a countywide emergency | 26330 |
| management agency may appropriate money from its general fund to | 26331 |
| support the functions and operations of the agency, including the | 26332 |
| development, acquisition, operation, and maintenance of a | 26333 |
| countywide public safety communication system and any | 26334 |
| communication devices, radios, and other equipment necessary for | 26335 |
| the system's operation and use. Money appropriated under this | 26336 |
| section may be expended to purchase and maintain the assets or | 26337 |
| equipment of the agency, including equipment used by the personnel | 26338 |
| of other political subdivisions that have entered into the | 26339 |
| agreement with the board establishing the agency. Money also may | 26340 |
| be appropriated under this section directly to a political | 26341 |
| subdivision that has entered into the agreement with the board | 26342 |
| establishing the agency, to enable the political subdivision to | 26343 |
| purchase communication devices, radios, and other equipment | 26344 |
| necessary for the countywide public safety communication system's | 26345 |
| operation and use. | 26346 |
| Sec. 5505.27. All amounts due the state highway patrol | 26347 |
| retirement system from the state treasury pursuant to this chapter | 26348 |
| shall be promptly paid upon
warrant
of the | 26349 |
| director of budget and management pursuant to a voucher approved | 26350 |
| by the director | 26351 |
| Sec. 5531.10. (A) As used in this chapter: | 26352 |
| (1) "Bond proceedings" means the resolution, order, trust | 26353 |
| agreement, indenture, lease, lease-purchase agreements, and other | 26354 |
| agreements, amendments and supplements to the foregoing, or any | 26355 |
| one or more or combination thereof, authorizing or providing for | 26356 |
| the terms and conditions applicable to, or providing for the | 26357 |
| security or liquidity of, obligations issued pursuant to this | 26358 |
| section, and the provisions contained in such obligations. | 26359 |
| (2) "Bond service charges" means principal, including | 26360 |
| mandatory sinking fund requirements for retirement of obligations, | 26361 |
| and interest, and redemption premium, if any, required to be paid | 26362 |
| by the state on obligations. | 26363 |
| (3) "Bond service fund" means the applicable fund and | 26364 |
| accounts therein created for and pledged to the payment of bond | 26365 |
| service charges, which may be, or may be part of, the state | 26366 |
| infrastructure bank revenue bond service fund created by division | 26367 |
| (R) of this section including all moneys and investments, and | 26368 |
| earnings from investments, credited and to be credited thereto. | 26369 |
| (4) "Issuing authority" means the treasurer of state, or the | 26370 |
| officer who by law performs the functions of the treasurer of | 26371 |
| state. | 26372 |
| (5) "Obligations" means bonds, notes, or other evidence of | 26373 |
| obligation including interest coupons pertaining thereto, issued | 26374 |
| pursuant to this section. | 26375 |
| (6) "Pledged receipts" means moneys accruing to the state | 26376 |
| from the lease, lease-purchase, sale, or other disposition, or | 26377 |
| use, of qualified projects, and from the repayment, including | 26378 |
| interest, of loans made from proceeds received from the sale of | 26379 |
| obligations; accrued interest received from the sale of | 26380 |
| obligations; income from the investment of the special funds; any | 26381 |
| gifts, grants, donations, and pledges, and receipts therefrom, | 26382 |
| available for the payment of bond service charges; and any amounts | 26383 |
| in the state infrastructure bank pledged to the payment of such | 26384 |
| charges. If the amounts in the state infrastructure bank are | 26385 |
| insufficient for the payment of such charges, "pledged receipts" | 26386 |
| also means moneys that are apportioned by the United States | 26387 |
| secretary of transportation under United States Code, Title XXIII, | 26388 |
| as amended, or any successor legislation, or under any other | 26389 |
| federal law relating to aid for highways, and that are to be | 26390 |
| received as a grant by the state, to the extent the state is not | 26391 |
| prohibited by state or federal law from using such moneys and the | 26392 |
| moneys are pledged to the payment of such bond service charges. | 26393 |
| (7) "Special funds" or "funds" means, except where the | 26394 |
| context does not permit, the bond service fund, and any other | 26395 |
| funds, including reserve funds, created under the bond | 26396 |
| proceedings, and the state infrastructure bank revenue bond | 26397 |
| service fund created by division (R) of this section to the extent | 26398 |
| provided in the bond proceedings, including all moneys and | 26399 |
| investments, and earnings from investment, credited and to be | 26400 |
| credited thereto. | 26401 |
| (8) "State infrastructure project" means any public | 26402 |
| transportation project undertaken by the state, including, but not | 26403 |
| limited to, all components of any such project, as described in | 26404 |
| division (D) of section 5531.09 of the Revised Code. | 26405 |
| (9) "District obligations" means bonds, notes, or other | 26406 |
| evidence of obligation including interest coupons pertaining | 26407 |
| thereto, issued to finance a qualified project by a transportation | 26408 |
| improvement district created pursuant to section 5540.02 of the | 26409 |
| Revised Code, of which the principal, including mandatory sinking | 26410 |
| fund requirements for retirement of such obligations, and interest | 26411 |
| and redemption premium, if any, are payable by the department of | 26412 |
| transportation. | 26413 |
| (B) The issuing authority, after giving written notice to the | 26414 |
| director of budget and management and upon the certification by | 26415 |
| the director of transportation to the issuing authority of the | 26416 |
| amount of moneys or additional moneys needed either for state | 26417 |
| infrastructure projects or to provide financial assistance for any | 26418 |
| of the purposes for which the state infrastructure bank may be | 26419 |
| used under section 5531.09 of the Revised Code, or needed for | 26420 |
| capitalized interest, funding reserves, and paying costs and | 26421 |
| expenses incurred in connection with the issuance, carrying, | 26422 |
| securing, paying, redeeming, or retirement of the obligations or | 26423 |
| any obligations refunded thereby, including payment of costs and | 26424 |
| expenses relating to letters of credit, lines of credit, | 26425 |
| insurance, put agreements, standby purchase agreements, indexing, | 26426 |
| marketing, remarketing and administrative arrangements, interest | 26427 |
| swap or hedging agreements, and any other credit enhancement, | 26428 |
| liquidity, remarketing, renewal, or refunding arrangements, all of | 26429 |
| which are authorized by this section, shall issue obligations of | 26430 |
| the state under this section in the required amount. The proceeds | 26431 |
| of such obligations, except for the portion to be deposited in | 26432 |
| special funds, including reserve funds, as may be provided in the | 26433 |
| bond proceedings, shall as provided in the bond proceedings be | 26434 |
| credited to the infrastructure bank obligations fund of the state | 26435 |
| infrastructure bank created by section 5531.09 of the Revised Code | 26436 |
| and disbursed as provided in the bond proceedings for such | 26437 |
| obligations. The issuing authority may appoint trustees, paying | 26438 |
| agents, transfer agents, and authenticating agents, and may retain | 26439 |
| the services of financial advisors, accounting experts, and | 26440 |
| attorneys, and retain or contract for the services of marketing, | 26441 |
| remarketing, indexing, and administrative agents, other | 26442 |
| consultants, and independent contractors, including printing | 26443 |
| services, as are necessary in the issuing authority's judgment to | 26444 |
| carry out this section. The costs of such services are payable | 26445 |
| from funds of the state infrastructure bank. | 26446 |
| (C) | 26447 |
| holders or owners of such obligations shall have no right to have | 26448 |
| moneys raised by taxation by the state of Ohio obligated or | 26449 |
| pledged, and moneys so raised shall not be obligated or pledged, | 26450 |
|
for the payment of bond service charges. | 26451 |
| 26452 | |
| 26453 | |
| 26454 | |
| 26455 | |
| 26456 | |
| 26457 | |
| 26458 | |
| 26459 | |
| 26460 | |
| The right of such holders and owners to the payment of bond | 26461 |
| service charges is limited to all or that portion of the pledged | 26462 |
| receipts and those special funds pledged thereto pursuant to the | 26463 |
| bond proceedings for such obligations in accordance with this | 26464 |
| section, and each such obligation shall bear on its face a | 26465 |
| statement to that effect. Moneys received as repayment of loans | 26466 |
| made by the state infrastructure bank pursuant to section 5531.09 | 26467 |
| of the Revised Code shall not be considered moneys raised by | 26468 |
| taxation by the state of Ohio regardless of the source of the | 26469 |
| moneys. | 26470 |
| (D) Obligations shall be authorized by order of the issuing | 26471 |
| authority and the bond proceedings shall provide for the purpose | 26472 |
| thereof and the principal amount or amounts, and shall provide for | 26473 |
| or authorize the manner or agency for determining the principal | 26474 |
| maturity or maturities, not exceeding twenty-five years from the | 26475 |
| date of issuance, the interest rate or rates or the maximum | 26476 |
| interest rate, the date of the obligations and the dates of | 26477 |
| payment of interest thereon, their denomination, and the | 26478 |
| establishment within or without the state of a place or places of | 26479 |
| payment of bond service charges. Sections 9.98 to 9.983 of the | 26480 |
| Revised Code are applicable to obligations issued under this | 26481 |
| section. The purpose of such obligations may be stated in the bond | 26482 |
| proceedings in terms describing the general purpose or purposes to | 26483 |
| be served. The bond proceedings also shall provide, subject to the | 26484 |
| provisions of any other applicable bond proceedings, for the | 26485 |
| pledge of all, or such part as the issuing authority may | 26486 |
| determine, of the pledged receipts and the applicable special fund | 26487 |
| or funds to the payment of bond service charges, which pledges may | 26488 |
| be made either prior or subordinate to other expenses, claims, or | 26489 |
| payments, and may be made to secure the obligations on a parity | 26490 |
| with obligations theretofore or thereafter issued, if and to the | 26491 |
| extent provided in the bond proceedings. The pledged receipts and | 26492 |
| special funds so pledged and thereafter received by the state | 26493 |
| immediately are subject to the lien of such pledge without any | 26494 |
| physical delivery thereof or further act, and the lien of any such | 26495 |
| pledges is valid and binding against all parties having claims of | 26496 |
| any kind against the state or any governmental agency of the | 26497 |
| state, irrespective of whether such parties have notice thereof, | 26498 |
| and shall create a perfected security interest for all purposes of | 26499 |
| Chapter 1309. of the Revised Code, without the necessity for | 26500 |
| separation or delivery of funds or for the filing or recording of | 26501 |
| the bond proceedings by which such pledge is created or any | 26502 |
| certificate, statement, or other document with respect thereto; | 26503 |
| and the pledge of such pledged receipts and special funds is | 26504 |
| effective and the money therefrom and thereof may be applied to | 26505 |
| the purposes for which pledged without necessity for any act of | 26506 |
| appropriation. Every pledge, and every covenant and agreement | 26507 |
| made with respect thereto, made in the bond proceedings may | 26508 |
| therein be extended to the benefit of the owners and holders of | 26509 |
| obligations authorized by this section, and to any trustee | 26510 |
| therefor, for the further security of the payment of the bond | 26511 |
| service charges. | 26512 |
| (E) The bond proceedings may contain additional provisions as | 26513 |
| to: | 26514 |
| (1) The redemption of obligations prior to maturity at the | 26515 |
| option of the issuing authority at such price or prices and under | 26516 |
| such terms and conditions as are provided in the bond proceedings; | 26517 |
| (2) Other terms of the obligations; | 26518 |
| (3) Limitations on the issuance of additional obligations; | 26519 |
| (4) The terms of any trust agreement or indenture securing | 26520 |
| the obligations or under which the same may be issued; | 26521 |
| (5) The deposit, investment, and application of special | 26522 |
| funds, and the safeguarding of moneys on hand or on deposit, | 26523 |
| without regard to Chapter 131. or 135. of the Revised Code, but | 26524 |
| subject to any special provisions of this section with respect to | 26525 |
| particular funds or moneys, provided that any bank or trust | 26526 |
| company which acts as depository of any moneys in the special | 26527 |
| funds may furnish such indemnifying bonds or may pledge such | 26528 |
| securities as required by the issuing authority; | 26529 |
| (6) Any or every provision of the bond proceedings being | 26530 |
| binding upon such officer, board, commission, authority, agency, | 26531 |
| department, or other person or body as may from time to time have | 26532 |
| the authority under law to take such actions as may be necessary | 26533 |
| to perform all or any part of the duty required by such provision; | 26534 |
| (7) Any provision that may be made in a trust agreement or | 26535 |
| indenture; | 26536 |
| (8) Any other or additional agreements with the holders of | 26537 |
| the obligations, or the trustee therefor, relating to the | 26538 |
| obligations or the security therefor, including the assignment of | 26539 |
| mortgages or other security relating to financial assistance for | 26540 |
| qualified projects under section 5531.09 of the Revised Code. | 26541 |
| (F) The obligations may have the great seal of the state or a | 26542 |
| facsimile thereof affixed thereto or printed thereon. The | 26543 |
| obligations and any coupons pertaining to obligations shall be | 26544 |
| signed or bear the facsimile signature of the issuing authority. | 26545 |
| Any obligations or coupons may be executed by the person who, on | 26546 |
| the date of execution, is the proper issuing authority although on | 26547 |
| the date of such bonds or coupons such person was not the issuing | 26548 |
| authority. In case the issuing authority whose signature or a | 26549 |
| facsimile of whose signature appears on any such obligation or | 26550 |
| coupon ceases to be the issuing authority before delivery thereof, | 26551 |
| such signature or facsimile nevertheless is valid and sufficient | 26552 |
| for all purposes as if the former issuing authority had remained | 26553 |
| the issuing authority until such delivery; and in case the seal to | 26554 |
| be affixed to obligations has been changed after a facsimile of | 26555 |
| the seal has been imprinted on such obligations, such facsimile | 26556 |
| seal shall continue to be sufficient as to such obligations and | 26557 |
| obligations issued in substitution or exchange therefor. | 26558 |
| (G) All obligations are negotiable instruments and securities | 26559 |
| under Chapter 1308. of the Revised Code, subject to the provisions | 26560 |
| of the bond proceedings as to registration. The obligations may be | 26561 |
| issued in coupon or in registered form, or both, as the issuing | 26562 |
| authority determines. Provision may be made for the registration | 26563 |
| of any obligations with coupons attached thereto as to principal | 26564 |
| alone or as to both principal and interest, their exchange for | 26565 |
| obligations so registered, and for the conversion or reconversion | 26566 |
| into obligations with coupons attached thereto of any obligations | 26567 |
| registered as to both principal and interest, and for reasonable | 26568 |
| charges for such registration, exchange, conversion, and | 26569 |
| reconversion. | 26570 |
| (H) Obligations may be sold at public sale or at private | 26571 |
| sale, as determined in the bond proceedings. | 26572 |
| (I) Pending preparation of definitive obligations, the | 26573 |
| issuing authority may issue interim receipts or certificates which | 26574 |
| shall be exchanged for such definitive obligations. | 26575 |
| (J) In the discretion of the issuing authority, obligations | 26576 |
| may be secured additionally by a trust agreement or indenture | 26577 |
| between the issuing authority and a corporate trustee which may be | 26578 |
| any trust company or bank having its principal place of business | 26579 |
| within the state. Any such agreement or indenture may contain the | 26580 |
| order authorizing the issuance of the obligations, any provisions | 26581 |
| that may be contained in any bond proceedings, and other | 26582 |
| provisions which are customary or appropriate in an agreement or | 26583 |
| indenture of such type, including, but not limited to: | 26584 |
| (1) Maintenance of each pledge, trust agreement, indenture, | 26585 |
| or other instrument comprising part of the bond proceedings until | 26586 |
| the state has fully paid the bond service charges on the | 26587 |
| obligations secured thereby, or provision therefor has been made; | 26588 |
| (2) In the event of default in any payments required to be | 26589 |
| made by the bond proceedings, or any other agreement of the | 26590 |
| issuing authority made as a part of the contract under which the | 26591 |
| obligations were issued, enforcement of such payments or agreement | 26592 |
| by mandamus, the appointment of a receiver, suit in equity, action | 26593 |
| at law, or any combination of the foregoing; | 26594 |
| (3) The rights and remedies of the holders of obligations and | 26595 |
| of the trustee, and provisions for protecting and enforcing them, | 26596 |
| including limitations on the rights of individual holders of | 26597 |
| obligations; | 26598 |
| (4) The replacement of any obligations that become mutilated | 26599 |
| or are destroyed, lost, or stolen; | 26600 |
| (5) Such other provisions as the trustee and the issuing | 26601 |
| authority agree upon, including limitations, conditions, or | 26602 |
| qualifications relating to any of the foregoing. | 26603 |
| (K) Any holder of obligations or a trustee under the bond | 26604 |
| proceedings, except to the extent that the holder's or trustee's | 26605 |
| rights are restricted by the bond proceedings, may by any suitable | 26606 |
| form of legal proceedings, protect and enforce any rights under | 26607 |
| the laws of this state or granted by such bond proceedings. Such | 26608 |
| rights include the right to compel the performance of all duties | 26609 |
| of the issuing authority and the director of transportation | 26610 |
| required by the bond proceedings or sections 5531.09 and 5531.10 | 26611 |
| of the Revised Code; to enjoin unlawful activities; and in the | 26612 |
| event of default with respect to the payment of any bond service | 26613 |
| charges on any obligations or in the performance of any covenant | 26614 |
| or agreement on the part of the issuing authority or the director | 26615 |
| of transportation in the bond proceedings, to apply to a court | 26616 |
| having jurisdiction of the cause to appoint a receiver to receive | 26617 |
| and administer the pledged receipts and special funds, other than | 26618 |
| those in the custody of the treasurer of state, which are pledged | 26619 |
| to the payment of the bond service charges on such obligations or | 26620 |
| which are the subject of the covenant or agreement, with full | 26621 |
| power to pay, and to provide for payment of bond service charges | 26622 |
| on, such obligations, and with such powers, subject to the | 26623 |
| direction of the court, as are accorded receivers in general | 26624 |
| equity cases, excluding any power to pledge additional revenues or | 26625 |
| receipts or other income or moneys of the state or local | 26626 |
| governmental entities, or agencies thereof, to the payment of such | 26627 |
| principal and interest and excluding the power to take possession | 26628 |
| of, mortgage, or cause the sale or otherwise dispose of any | 26629 |
| project facilities. | 26630 |
| Each duty of the issuing authority and the issuing | 26631 |
| authority's officers and employees, and of each state or local | 26632 |
| governmental agency and its officers, members, or employees, | 26633 |
| undertaken pursuant to the bond proceedings or any loan, loan | 26634 |
| guarantee, lease, lease-purchase agreement, or other agreement | 26635 |
| made under authority of section 5531.09 of the Revised Code, and | 26636 |
| in every agreement by or with the issuing authority, is hereby | 26637 |
| established as a duty of the issuing authority, and of each such | 26638 |
| officer, member, or employee having authority to perform such | 26639 |
| duty, specifically enjoined by the law resulting from an office, | 26640 |
| trust, or station within the meaning of section 2731.01 of the | 26641 |
| Revised Code. | 26642 |
| The person who is at the time the issuing authority, or the | 26643 |
| issuing authority's officers or employees, are not liable in their | 26644 |
| personal capacities on any obligations issued by the issuing | 26645 |
| authority or any agreements of or with the issuing authority. | 26646 |
| (L) The issuing authority may authorize and issue obligations | 26647 |
| for the refunding, including funding and retirement, and advance | 26648 |
| refunding with or without payment or redemption prior to maturity, | 26649 |
| of any obligations previously issued by the issuing authority or | 26650 |
| district obligations. Such refunding obligations may be issued in | 26651 |
| amounts sufficient for payment of the principal amount of the | 26652 |
| prior obligations or district obligations, any redemption premiums | 26653 |
| thereon, principal maturities of any such obligations or district | 26654 |
| obligations maturing prior to the redemption of the remaining | 26655 |
| obligations or district obligations on a parity therewith, | 26656 |
| interest accrued or to accrue to the maturity dates or dates of | 26657 |
| redemption of such obligations or district obligations, and any | 26658 |
| expenses incurred or to be incurred in connection with such | 26659 |
| issuance and such refunding, funding, and retirement. Subject to | 26660 |
| the bond proceedings therefor, the portion of proceeds of the sale | 26661 |
| of refunding obligations issued under this division to be applied | 26662 |
| to bond service charges on the prior obligations or district | 26663 |
| obligations shall be credited to an appropriate account held by | 26664 |
| the trustee for such prior or new obligations or to the | 26665 |
| appropriate account in the bond service fund for such obligations | 26666 |
| or district obligations. Obligations authorized under this | 26667 |
| division shall be deemed to be issued for those purposes for which | 26668 |
| such prior obligations or district obligations were issued and are | 26669 |
| subject to the provisions of this section pertaining to other | 26670 |
| obligations, except as otherwise provided in this section. The | 26671 |
| last maturity of obligations authorized under this division shall | 26672 |
| not be later than twenty-five years from the date of issuance of | 26673 |
| the original securities issued for the original purpose. | 26674 |
| (M) The authority to issue obligations under this section | 26675 |
| includes authority to issue obligations in the form of bond | 26676 |
| anticipation notes and to renew the same from time to time by the | 26677 |
| issuance of new notes. The holders of such notes or interest | 26678 |
| coupons pertaining thereto shall have a right to be paid solely | 26679 |
| from the pledged receipts and special funds that may be pledged to | 26680 |
| the payment of the bonds anticipated, or from the proceeds of such | 26681 |
| bonds or renewal notes, or both, as the issuing authority provides | 26682 |
| in the order authorizing such notes. Such notes may be | 26683 |
| additionally secured by covenants of the issuing authority to the | 26684 |
| effect that the issuing authority and the state will do such or | 26685 |
| all things necessary for the issuance of such bonds or renewal | 26686 |
| notes in the appropriate amount, and apply the proceeds thereof to | 26687 |
| the extent necessary, to make full payment of the principal of and | 26688 |
| interest on such notes at the time or times contemplated, as | 26689 |
| provided in such order. For such purpose, the issuing authority | 26690 |
| may issue bonds or renewal notes in such principal amount and upon | 26691 |
| such terms as may be necessary to provide funds to pay when | 26692 |
| required the principal of and interest on such notes, | 26693 |
| notwithstanding any limitations prescribed by or for purposes of | 26694 |
| this section. Subject to this division, all provisions for and | 26695 |
| references to obligations in this section are applicable to notes | 26696 |
| authorized under this division. | 26697 |
| The issuing authority in the bond proceedings authorizing the | 26698 |
| issuance of bond anticipation notes shall set forth for such bonds | 26699 |
| an estimated interest rate and a schedule of principal payments | 26700 |
| for such bonds and the annual maturity dates thereof. | 26701 |
| (N) Obligations issued under this section are lawful | 26702 |
| investments for banks, societies for savings, savings and loan | 26703 |
| associations, deposit guarantee associations, trust companies, | 26704 |
| trustees, fiduciaries, insurance companies, including domestic for | 26705 |
| life and domestic not for life, trustees or other officers having | 26706 |
| charge of sinking and bond retirement or other special funds of | 26707 |
| political subdivisions and taxing districts of this state, the | 26708 |
| commissioners of the sinking fund of the state, the administrator | 26709 |
| of workers' compensation, the state teachers retirement system, | 26710 |
| the public employees retirement system, the school employees | 26711 |
| retirement system, and the Ohio police and fire pension fund, | 26712 |
| notwithstanding any other provisions of the Revised Code or rules | 26713 |
| adopted pursuant thereto by any agency of the state with respect | 26714 |
| to investments by them, and are also acceptable as security for | 26715 |
| the deposit of public moneys. | 26716 |
| (O) Unless otherwise provided in any applicable bond | 26717 |
| proceedings, moneys to the credit of or in the special funds | 26718 |
| established by or pursuant to this section may be invested by or | 26719 |
| on behalf of the issuing authority only in notes, bonds, or other | 26720 |
| obligations of the United States, or of any agency or | 26721 |
| instrumentality of the United States, obligations guaranteed as to | 26722 |
| principal and interest by the United States, obligations of this | 26723 |
| state or any political subdivision of this state, and certificates | 26724 |
| of deposit of any national bank located in this state and any | 26725 |
| bank, as defined in section 1101.01 of the Revised Code, subject | 26726 |
| to inspection by the superintendent of financial institutions. If | 26727 |
| the law or the instrument creating a trust pursuant to division | 26728 |
| (J) of this section expressly permits investment in direct | 26729 |
| obligations of the United States or an agency of the United | 26730 |
| States, unless expressly prohibited by the instrument, such moneys | 26731 |
| also may be invested in no-front-end-load money market mutual | 26732 |
| funds consisting exclusively of obligations of the United States | 26733 |
| or an agency of the United States and in repurchase agreements, | 26734 |
| including those issued by the fiduciary itself, secured by | 26735 |
| obligations of the United States or an agency of the United | 26736 |
| States; and in collective investment funds as defined in division | 26737 |
| (A) of section 1111.01 of the Revised Code and consisting | 26738 |
| exclusively of any such securities. The income from such | 26739 |
| investments shall be credited to such funds as the issuing | 26740 |
| authority determines, and such investments may be sold at such | 26741 |
| times as the issuing authority determines or authorizes. | 26742 |
| (P) Provision may be made in the applicable bond proceedings | 26743 |
| for the establishment of separate accounts in the bond service | 26744 |
| fund and for the application of such accounts only to the | 26745 |
| specified bond service charges on obligations pertinent to such | 26746 |
| accounts and bond service fund and for other accounts therein | 26747 |
| within the general purposes of such fund. Unless otherwise | 26748 |
| provided in any applicable bond proceedings, moneys to the credit | 26749 |
| of or in the several special funds established pursuant to this | 26750 |
| section shall be disbursed on the order of the treasurer of state, | 26751 |
| provided that no such order is required for the payment from the | 26752 |
| bond service fund when due of bond service charges on obligations. | 26753 |
| (Q)(1) The issuing authority may pledge all, or such portion | 26754 |
| as the issuing authority determines, of the pledged receipts to | 26755 |
| the payment of bond service charges on obligations issued under | 26756 |
| this section, and for the establishment and maintenance of any | 26757 |
| reserves, as provided in the bond proceedings, and make other | 26758 |
| provisions therein with respect to pledged receipts as authorized | 26759 |
| by this chapter, which provisions are controlling notwithstanding | 26760 |
| any other provisions of law pertaining thereto. | 26761 |
| (2) An action taken under division (Q)(2) of this section | 26762 |
| does not limit the generality of division (Q)(1) of this section, | 26763 |
| and is subject to division (C) of this section and, if and to the | 26764 |
| extent otherwise applicable, Section 13 of Article VIII, Ohio | 26765 |
| Constitution. The bond proceedings may contain a covenant that, in | 26766 |
| the event the pledged receipts primarily pledged and required to | 26767 |
| be used for the payment of bond service charges on obligations | 26768 |
| issued under this section, and for the establishment and | 26769 |
| maintenance of any reserves, as provided in the bond proceedings, | 26770 |
| are insufficient to make any such payment in full when due, or to | 26771 |
| maintain any such reserve, the director of transportation shall so | 26772 |
| notify the governor, and shall determine to what extent, if any, | 26773 |
| the payment may be made or moneys may be restored to the reserves | 26774 |
| from lawfully available moneys previously appropriated for that | 26775 |
| purpose to the department of transportation. The covenant also | 26776 |
| may provide that if the payments are not made or the moneys are | 26777 |
| not immediately and fully restored to the reserves from such | 26778 |
| moneys, the director shall promptly submit to the governor and to | 26779 |
| the director of budget and management a written request for either | 26780 |
| or both of the following: | 26781 |
| (a) That the next biennial budget submitted by the governor | 26782 |
| to the general assembly include an amount to be appropriated from | 26783 |
| lawfully available moneys to the department for the purpose of and | 26784 |
| sufficient for the payment in full of bond service charges | 26785 |
| previously due and for the full replenishment of the reserves; | 26786 |
| (b) That the general assembly be requested to increase | 26787 |
| appropriations from lawfully available moneys for the department | 26788 |
| in the current biennium sufficient for the purpose of and for the | 26789 |
| payment in full of bond service charges previously due and to come | 26790 |
| due in the biennium and for the full replenishment of the | 26791 |
| reserves. | 26792 |
| The director of transportation shall include with such | 26793 |
| requests a recommendation that the payment of the bond service | 26794 |
| charges and the replenishment of the reserves be made in the | 26795 |
| interest of maximizing the benefits of the state infrastructure | 26796 |
| bank. Any such covenant shall not obligate or purport to obligate | 26797 |
| the state to pay the bond service charges on such bonds or notes | 26798 |
| or to deposit moneys in a reserve established for such payments | 26799 |
| other than from moneys that may be lawfully available and | 26800 |
| appropriated for that purpose during the then-current biennium. | 26801 |
| (R) There is hereby created the state infrastructure bank | 26802 |
| revenue bond service fund, which shall be in the custody of the | 26803 |
| treasurer of state but shall not be a part of the state treasury. | 26804 |
| All moneys received by or on account of the issuing authority or | 26805 |
| state agencies and required by the applicable bond proceedings, | 26806 |
| consistent with this section, to be deposited, transferred, or | 26807 |
| credited to the bond service fund, and all other moneys | 26808 |
| transferred or allocated to or received for the purposes of the | 26809 |
| fund, shall be deposited and credited to such fund and to any | 26810 |
| separate accounts therein, subject to applicable provisions of the | 26811 |
| bond proceedings, but without necessity for any act of | 26812 |
| appropriation. The state infrastructure bank revenue bond service | 26813 |
| fund is a trust fund and is hereby pledged to the payment of bond | 26814 |
| service charges to the extent provided in the applicable bond | 26815 |
| proceedings, and payment thereof from such fund shall be made or | 26816 |
| provided for by the treasurer of state in accordance with such | 26817 |
| bond proceedings without necessity for any act of appropriation. | 26818 |
| (S) The obligations issued pursuant to this section, the | 26819 |
| transfer thereof, and the income therefrom, including any profit | 26820 |
| made on the sale thereof, shall at all times be free from taxation | 26821 |
| within this state. | 26822 |
| Sec. 5531.101. (A) Municipal corporations, counties, and | 26823 |
| townships may not use revenue raised under section 5735.29 of the | 26824 |
| Revised Code to repay loans made by the state infrastructure bank | 26825 |
| under section 5531.09 of the Revised Code if both of the following | 26826 |
| apply: | 26827 |
| (1) The loans were made for highway, road, or street projects | 26828 |
| begun prior to March 31, 2003. | 26829 |
| (2) The revenue: | 26830 |
| (a) Results from the increase in the tax imposed under | 26831 |
| section 5735.29 of the Revised Code pursuant to the amendment of | 26832 |
| the section by Am. Sub. H.B. 87 of the 125th General Assembly; and | 26833 |
| (b) Is distributed under section 5735.291 of the Revised | 26834 |
| Code. | 26835 |
| (B) While the loans described in division (A)(1) of this | 26836 |
| section are outstanding, the tax commissioner shall notify | 26837 |
| municipal corporations, counties, and townships receiving the | 26838 |
| revenue described in division (A)(2) of this section of the amount | 26839 |
| that cannot be used for the loan repayments. | 26840 |
| Sec. 5577.99. (A) Whoever violates the weight provisions of | 26841 |
| sections 5577.01 to 5577.07 or the weight provisions in regard to | 26842 |
| highways under section 5577.04 of the Revised Code shall be fined | 26843 |
| eighty dollars for the first two thousand pounds, or fraction | 26844 |
| thereof, of overload; for overloads in excess of two thousand | 26845 |
| pounds, but not in excess of five thousand pounds, such person | 26846 |
| shall be fined one hundred dollars, and in addition thereto one | 26847 |
| dollar per one hundred pounds of overload; for overloads in excess | 26848 |
| of five thousand pounds, but not in excess of ten thousand pounds, | 26849 |
| such person shall be fined one hundred thirty dollars and in | 26850 |
| addition thereto two dollars per one hundred pounds of overload, | 26851 |
| or imprisoned not more than thirty days, or both. For all | 26852 |
| overloads in excess of ten thousand pounds such person shall be | 26853 |
| fined one hundred sixty dollars, and in addition thereto three | 26854 |
| dollars per one hundred pounds of overload, or imprisoned not more | 26855 |
| than thirty days, or both. Whoever violates the weight provisions | 26856 |
| of vehicle and load relating to gross load limits shall be fined | 26857 |
| not less than one hundred dollars. No penalty prescribed in this | 26858 |
| division shall be imposed on any vehicle combination if the | 26859 |
| overload on any axle does not exceed one thousand pounds, and if | 26860 |
| the immediately preceding or following axle, excepting the front | 26861 |
| axle of the vehicle combination, is underloaded by the same or a | 26862 |
| greater amount. For purposes of this division, two axles on one | 26863 |
| vehicle less than eight feet apart, shall be considered as one | 26864 |
| axle. | 26865 |
| (B) Whoever violates the weight provisions of section | 26866 |
| 26867 | |
| bridges under section 5577.09, and whoever exceeds the carrying | 26868 |
| capacity specified under section 5591.42 of the Revised Code, | 26869 |
| shall be fined eighty dollars for the first two thousand pounds, | 26870 |
| or fraction thereof, of overload; for overloads in excess of two | 26871 |
| thousand pounds, but not in excess of five thousand pounds, the | 26872 |
| person shall be fined one hundred dollars, and in addition thereto | 26873 |
| one dollar per one hundred pounds of overload; for overloads in | 26874 |
| excess of five thousand pounds, but not in excess of ten thousand | 26875 |
| pounds, the person shall be fined one hundred thirty dollars, and | 26876 |
| in addition thereto two dollars per one hundred pounds of | 26877 |
| overload, or imprisoned not more than thirty days, or both. For | 26878 |
| all overloads in excess of ten thousand pounds, the person shall | 26879 |
| be fined one hundred sixty dollars, and in addition thereto three | 26880 |
| dollars per one hundred pounds of overload, or imprisoned not more | 26881 |
| than thirty days, or both. | 26882 |
| Notwithstanding any other provision of the Revised Code that | 26883 |
| specifies a procedure for the distribution of fines, all fines | 26884 |
| collected pursuant to division (B) of this section shall be paid | 26885 |
| into the treasury of the county and credited to any fund for the | 26886 |
| maintenance and repair of roads, highways, bridges, or culverts. | 26887 |
| (C) Whoever violates any other provision of sections 5577.01 | 26888 |
| to 5577.09 of the Revised Code is guilty of a minor misdemeanor on | 26889 |
| a first offense; on a second or subsequent offense, such person is | 26890 |
| guilty of a misdemeanor of the fourth degree. | 26891 |
| (D) Whoever violates section 5577.10 of the Revised Code | 26892 |
| shall be fined not more than five thousand dollars or imprisoned | 26893 |
| for not less than thirty days nor more than six months, or both. | 26894 |
| (E) Whoever violates section 5577.11 of the Revised Code | 26895 |
| shall be fined not more than twenty-five dollars. | 26896 |
| Sec. 5701.11. (A) Except as provided under division (B) of | 26897 |
| this section, any reference in Title LVII of the Revised Code to | 26898 |
| the Internal Revenue Code, to the Internal Revenue Code "as | 26899 |
| amended," to other laws of the United States, or to other laws of | 26900 |
| the United States, "as amended" means the Internal Revenue Code or | 26901 |
| other laws of the United States as they exist on the effective | 26902 |
| date of this section as enacted by H.B. 530 of the 126th general | 26903 |
| assembly. This section does not apply to any reference to the | 26904 |
| Internal Revenue Code or to other laws of the United States as of | 26905 |
| a date certain specifying the day, month, and year. | 26906 |
| (B) For purposes of applying section 5733.04, 5745.01, or | 26907 |
| 5747.01 of the Revised Code to a taxpayer's taxable year ending in | 26908 |
| 2005, and also to the subsequent taxable year if it ends before | 26909 |
| the effective date of this section, a taxpayer may irrevocably | 26910 |
| elect to incorporate the provisions of the Internal Revenue Code | 26911 |
| or other laws of the United States that are in effect for federal | 26912 |
| income tax purposes for those taxable years if those provisions | 26913 |
| differ from the provisions that would otherwise be incorporated | 26914 |
| into section 5733.04, 5745.01, or 5747.01 of the Revised Code for | 26915 |
| those taxable years under division (A) of this section. The filing | 26916 |
| of a report or return by the taxpayer for the taxable year ending | 26917 |
| in 2005 that incorporates the provisions of the Internal Revenue | 26918 |
| Code or other laws of the United States applicable for federal | 26919 |
| income tax purposes to that taxable year, without adjustments to | 26920 |
| reverse the effects of any differences between those provisions | 26921 |
| and the provisions that would otherwise be incorporated under | 26922 |
| division (A) of this section, constitutes the making of an | 26923 |
| irrevocable election under this division for that taxable year and | 26924 |
| for the subsequent taxable year if it ends before the effective | 26925 |
| date of this section. | 26926 |
| Sec. 5703.21. (A) Except as provided in divisions (B) and | 26927 |
| (C) of this section, no agent of the department of taxation, | 26928 |
| except in the agent's report to the department or when called on | 26929 |
| to testify in any court or proceeding, shall divulge any | 26930 |
| information acquired by the agent as to the transactions, | 26931 |
| property, or business of any person while acting or claiming to | 26932 |
| act under orders of the department. Whoever violates this | 26933 |
| provision shall thereafter be disqualified from acting as an | 26934 |
| officer or employee or in any other capacity under appointment or | 26935 |
| employment of the department. | 26936 |
| (B)(1) For purposes of an audit pursuant to section 117.15 of | 26937 |
| the Revised Code, or an audit of the department pursuant to | 26938 |
| Chapter 117. of the Revised Code, or an audit, pursuant to that | 26939 |
| chapter, the objective of which is to express an opinion on a | 26940 |
| financial report or statement prepared or issued pursuant to | 26941 |
| division (A)(7) or (9) of section 126.21 of the Revised Code, the | 26942 |
| officers and employees of the auditor of state charged with | 26943 |
| conducting the audit shall have access to and the right to examine | 26944 |
| any state tax returns and state tax return information in the | 26945 |
| possession of the department to the extent that the access and | 26946 |
| examination are necessary for purposes of the audit. Any | 26947 |
| information acquired as the result of that access and examination | 26948 |
| shall not be divulged for any purpose other than as required for | 26949 |
| the audit or unless the officers and employees are required to | 26950 |
| testify in a court or proceeding under compulsion of legal | 26951 |
| process. Whoever violates this provision shall thereafter be | 26952 |
| disqualified from acting as an officer or employee or in any other | 26953 |
| capacity under appointment or employment of the auditor of state. | 26954 |
| (2) As provided by section 6103(d)(2) of the Internal Revenue | 26955 |
| Code, any federal tax returns or federal tax information that the | 26956 |
| department has acquired from the internal revenue service, through | 26957 |
| federal and state statutory authority, may be disclosed to the | 26958 |
| auditor of state solely for purposes of an audit of the | 26959 |
| department. | 26960 |
| (C) Division (A) of this section does not prohibit any of the | 26961 |
| following: | 26962 |
| (1) Divulging information contained in applications, | 26963 |
| complaints, and related documents filed with the department under | 26964 |
| section 5715.27 of the Revised Code or in applications filed with | 26965 |
| the department under section 5715.39 of the Revised Code; | 26966 |
| (2) Providing information to the office of child support | 26967 |
| within the department of job and family services pursuant to | 26968 |
| section 3125.43 of the Revised Code; | 26969 |
| (3) Disclosing to the board of motor vehicle collision repair | 26970 |
| registration any information in the possession of the department | 26971 |
| that is necessary for the board to verify the existence of an | 26972 |
| applicant's valid vendor's license and current state tax | 26973 |
| identification number under section 4775.07 of the Revised Code; | 26974 |
| (4) Providing information to the administrator of workers' | 26975 |
| compensation pursuant to section 4123.591 of the Revised Code; | 26976 |
| (5) Providing to the attorney general information the | 26977 |
| department obtains under division (J) of section 1346.01 of the | 26978 |
| Revised Code; | 26979 |
| (6) Permitting properly authorized officers, employees, or | 26980 |
| agents of a municipal corporation from inspecting reports or | 26981 |
| information pursuant to rules adopted under section 5745.16 of the | 26982 |
| Revised Code; | 26983 |
| (7) Providing information regarding the name, account number, | 26984 |
| or business address of a holder of a vendor's license issued | 26985 |
| pursuant to section 5739.17 of the Revised Code, a holder of a | 26986 |
| direct payment permit issued pursuant to section 5739.031 of the | 26987 |
| Revised Code, or a seller having a use tax account maintained | 26988 |
| pursuant to section 5741.17 of the Revised Code, or information | 26989 |
| regarding the active or inactive status of a vendor's license, | 26990 |
| direct payment permit, or seller's use tax account; | 26991 |
| (8) Releasing invoices or invoice information furnished under | 26992 |
| section 4301.433 of the Revised Code pursuant to that section; | 26993 |
| (9) Providing to a county auditor notices or documents | 26994 |
| concerning or affecting the taxable value of property in the | 26995 |
| county auditor's county. Unless authorized by law to disclose | 26996 |
| documents so provided, the county auditor shall not disclose such | 26997 |
| documents; | 26998 |
| (10) Providing to a county auditor sales or use tax return or | 26999 |
| audit information under section 333.06 of the Revised Code. | 27000 |
| Sec. 5703.57. (A) As used in this section, "Ohio business | 27001 |
| gateway" has the same meaning as in section 718.051 of the Revised | 27002 |
| Code. | 27003 |
| (B) There is hereby created the Ohio business gateway | 27004 |
| steering committee to direct the continuing development of the | 27005 |
| Ohio business gateway and to oversee its operations. The committee | 27006 |
| shall provide general oversight regarding operation of the Ohio | 27007 |
| business gateway and shall recommend to the department of | 27008 |
| administrative services enhancements that will improve the Ohio | 27009 |
| business gateway. The committee shall consider all banking, | 27010 |
| technological, administrative, and other issues associated with | 27011 |
| the Ohio business gateway and shall make recommendations regarding | 27012 |
| the type of reporting forms or other tax documents to be filed | 27013 |
| through the Ohio business gateway. | 27014 |
| (C) The committee shall consist of: | 27015 |
| (1) The following members, appointed by the governor with the | 27016 |
| advice and consent of the senate: | 27017 |
| (a) Not more than two representatives of the business | 27018 |
| community; | 27019 |
| (b) Not more than three representatives of municipal tax | 27020 |
| administrators; and | 27021 |
| (c) Not more than two tax practitioners. | 27022 |
| (2) The following ex officio members: | 27023 |
| (a) The director or other highest officer of each state | 27024 |
| agency that has tax reporting forms or other tax documents filed | 27025 |
| with it through the Ohio business gateway or the director's | 27026 |
| designee; | 27027 |
| (b) The secretary of state or the secretary of state's | 27028 |
| designee; | 27029 |
| (c) The treasurer of state or the treasurer of state's | 27030 |
| designee; | 27031 |
| (d) The director of budget and management or the director's | 27032 |
| designee; | 27033 |
|
(e) The director of | 27034 |
| information technology or the director's designee; and | 27035 |
| (f) The tax commissioner or the tax commissioner's designee. | 27036 |
| An appointed member shall serve until the member resigns or | 27037 |
| is removed by the governor. Vacancies shall be filled in the same | 27038 |
| manner as original appointments. | 27039 |
| (D) A vacancy on the committee does not impair the right of | 27040 |
| the other members to exercise all the functions of the committee. | 27041 |
| The presence of a majority of the members of the committee | 27042 |
| constitutes a quorum for the conduct of business of the committee. | 27043 |
| The concurrence of at least a majority of the members of the | 27044 |
| committee is necessary for any action to be taken by the | 27045 |
| committee. On request, each member of the committee shall be | 27046 |
| reimbursed for the actual and necessary expenses incurred in the | 27047 |
| discharge of the member's duties. | 27048 |
| (E) The committee is a part of the department of taxation for | 27049 |
| administrative purposes. | 27050 |
| (F) Each year, the governor shall select a member of the | 27051 |
| committee to serve as chairperson. The chairperson shall appoint | 27052 |
| an official or employee of the department of taxation to act as | 27053 |
| the committee's secretary. The secretary shall keep minutes of the | 27054 |
| committee's meetings and a journal of all meetings, proceedings, | 27055 |
| findings, and determinations of the committee. | 27056 |
| (G) The committee shall hire professional, technical, and | 27057 |
| clerical staff needed to support its activities. | 27058 |
| (H) The committee shall meet as often as necessary to perform | 27059 |
| its duties. | 27060 |
| Sec. 5705.03. (A) The taxing authority of each subdivision | 27061 |
| may levy taxes annually, subject to the limitations of sections | 27062 |
| 5705.01 to 5705.47 of the Revised Code, on the real and personal | 27063 |
| property within the subdivision for the purpose of paying the | 27064 |
| current operating expenses of the subdivision and acquiring or | 27065 |
| constructing permanent improvements. The taxing authority of each | 27066 |
| subdivision and taxing unit shall, subject to the limitations of | 27067 |
| such sections, levy such taxes annually as are necessary to pay | 27068 |
| the interest and sinking fund on and retire at maturity the bonds, | 27069 |
| notes, and certificates of indebtedness of such subdivision and | 27070 |
| taxing unit, including levies in anticipation of which the | 27071 |
| subdivision or taxing unit has incurred indebtedness. | 27072 |
| (B)(1) When a taxing authority determines that it is | 27073 |
| necessary to levy a tax outside the ten-mill limitation for any | 27074 |
| purpose authorized by the Revised Code, the taxing authority shall | 27075 |
| certify to the county auditor a resolution or ordinance requesting | 27076 |
| that the county auditor certify to the taxing authority the total | 27077 |
| current tax valuation of the subdivision, and the number of mills | 27078 |
| required to generate a specified amount of revenue, or the dollar | 27079 |
| amount of revenue that would be generated by a specified number of | 27080 |
| mills. The resolution or ordinance shall state the purpose of the | 27081 |
| tax, whether the tax is an additional levy or a renewal or a | 27082 |
| replacement of an existing tax, and the section of the Revised | 27083 |
| Code authorizing submission of the question of the tax. If a | 27084 |
| subdivision is located in more than one county, the county auditor | 27085 |
| shall obtain from the county auditor of each other county in which | 27086 |
| the subdivision is located the current tax valuation for the | 27087 |
| portion of the subdivision in that county. The county auditor | 27088 |
| shall issue the certification to the taxing authority within ten | 27089 |
| days after receiving the taxing authority's resolution or | 27090 |
| ordinance requesting it. | 27091 |
| (2) When considering the tangible personal property component | 27092 |
| of the tax valuation of the subdivision, the county auditor shall | 27093 |
| take into account the assessment percentages prescribed in section | 27094 |
| 5711.22 of the Revised Code. The tax commissioner may issue rules, | 27095 |
| orders, or instructions directing how the assessment percentages | 27096 |
| must be utilized. | 27097 |
| (3) If, upon receiving the certification from the county | 27098 |
| auditor, the taxing authority proceeds with the submission of the | 27099 |
| question of the tax to electors, the taxing authority shall | 27100 |
| certify its resolution or ordinance, accompanied by a copy of the | 27101 |
| county auditor's certification, to the proper county board of | 27102 |
| elections in the manner and within the time prescribed by the | 27103 |
| section of the Revised Code governing submission of the question, | 27104 |
| and shall include with its certification the rate of the tax levy, | 27105 |
| expressed in mills for each one dollar in tax valuation as | 27106 |
| estimated by the county auditor. The county board of elections | 27107 |
| shall not submit the question of the tax to electors unless a copy | 27108 |
| of the county auditor's certification accompanies the resolution | 27109 |
| or ordinance the taxing authority certifies to the board. Before | 27110 |
| requesting a taxing authority to submit a tax levy, any agency or | 27111 |
| authority authorized to make that request shall first request the | 27112 |
| certification from the county auditor provided under this section. | 27113 |
| (4) This division is supplemental to, and not in derogation | 27114 |
| of, any similar requirement governing the certification by the | 27115 |
| county auditor of the tax valuation of a subdivision or necessary | 27116 |
| tax rates for the purposes of the submission of the question of a | 27117 |
| tax in excess of the ten-mill limitation, including sections | 27118 |
| 133.18 and 5705.195 of the Revised Code. | 27119 |
| (C) All taxes levied on property shall be extended on the tax | 27120 |
| duplicate by the county auditor of the county in which the | 27121 |
| property is located, and shall be collected by the county | 27122 |
| treasurer of such county in the same manner and under the same | 27123 |
| laws and rules as are prescribed for the assessment and collection | 27124 |
| of county taxes. The proceeds of any tax levied by or for any | 27125 |
| subdivision when received by its fiscal officer shall be deposited | 27126 |
| in its treasury to the credit of the appropriate fund. | 27127 |
| Sec. 5705.091. The board of county commissioners of each | 27128 |
| county shall establish a county mental retardation and | 27129 |
|
developmental disabilities general fund. Notwithstanding
| 27130 |
| 27131 | |
| levies under section 5705.222 and division (L) of section 5705.19 | 27132 |
| of the Revised Code shall be deposited to the credit of the county | 27133 |
| mental retardation and developmental disabilities general fund. | 27134 |
| Accounts shall be established within the county mental retardation | 27135 |
| and developmental disabilities general fund for each of the | 27136 |
| several particular purposes of the levies as specified in the | 27137 |
| resolutions under which the levies were approved, and proceeds | 27138 |
| from different levies that were approved for the same particular | 27139 |
| purpose shall be credited to accounts for that purpose. Other | 27140 |
| money received by the county for the purposes of Chapters 3323. | 27141 |
| and 5126. of the Revised Code and not required by state or federal | 27142 |
| law to be deposited to the credit of a different fund shall also | 27143 |
| be deposited to the credit of the county mental retardation and | 27144 |
| developmental disabilities general fund, in an account appropriate | 27145 |
| to the particular purpose for which the money was received. Unless | 27146 |
| otherwise provided by law, an unexpended balance at the end of a | 27147 |
| fiscal year in any account in the county mental retardation and | 27148 |
| developmental disabilities general fund shall be appropriated the | 27149 |
| next fiscal year to the same fund. | 27150 |
| A county board of mental retardation and developmental | 27151 |
| disabilities may request, by resolution, that the board of county | 27152 |
| commissioners establish a county mental retardation and | 27153 |
| developmental disabilities capital fund for money to be used for | 27154 |
| acquisition, construction, or improvement of capital facilities or | 27155 |
| acquisition of capital equipment used in providing services to | 27156 |
| mentally retarded and developmentally disabled persons. The county | 27157 |
| board of mental retardation and developmental disabilities shall | 27158 |
| transmit a certified copy of the resolution to the board of county | 27159 |
| commissioners. Upon receiving the resolution, the board of county | 27160 |
| commissioners shall establish a county mental retardation and | 27161 |
| developmental disabilities capital fund. | 27162 |
| | 27163 |
| 27164 | |
| 27165 | |
| 27166 | |
| 27167 | |
| 27168 | |
| 27169 | |
| 27170 | |
| 27171 | |
| 27172 | |
| 27173 | |
| 27174 | |
| 27175 | |
| 27176 | |
| 27177 |
| Sec. 5705.19. This section does not apply to school | 27178 |
| districts or county school financing districts. | 27179 |
| The taxing authority of any subdivision at any time and in | 27180 |
| any year, by vote of two-thirds of all the members of the taxing | 27181 |
| authority, may declare by resolution and certify the resolution to | 27182 |
| the board of elections not less than seventy-five days before the | 27183 |
| election upon which it will be voted that the amount of taxes that | 27184 |
| may be raised within the ten-mill limitation will be insufficient | 27185 |
| to provide for the necessary requirements of the subdivision and | 27186 |
| that it is necessary to levy a tax in excess of that limitation | 27187 |
| for any of the following purposes: | 27188 |
| (A) For current expenses of the subdivision, except that the | 27189 |
| total levy for current expenses of a detention facility district | 27190 |
| or district organized under section 2151.65 of the Revised Code | 27191 |
| shall not exceed two mills and that the total levy for current | 27192 |
| expenses of a combined district organized under sections 2151.65 | 27193 |
| and 2152.41 of the Revised Code shall not exceed four mills; | 27194 |
| (B) For the payment of debt charges on certain described | 27195 |
| bonds, notes, or certificates of indebtedness of the subdivision | 27196 |
| issued subsequent to January 1, 1925; | 27197 |
| (C) For the debt charges on all bonds, notes, and | 27198 |
| certificates of indebtedness issued and authorized to be issued | 27199 |
| prior to January 1, 1925; | 27200 |
| (D) For a public library of, or supported by, the subdivision | 27201 |
| under whatever law organized or authorized to be supported; | 27202 |
| (E) For a municipal university, not to exceed two mills over | 27203 |
| the limitation of one mill prescribed in section 3349.13 of the | 27204 |
| Revised Code; | 27205 |
| (F) For the construction or acquisition of any specific | 27206 |
| permanent improvement or class of improvements that the taxing | 27207 |
| authority of the subdivision may include in a single bond issue; | 27208 |
| (G) For the general construction, reconstruction, | 27209 |
| resurfacing, and repair of streets, roads, and bridges in | 27210 |
| municipal corporations, counties, or townships; | 27211 |
| (H) For parks and recreational purposes; | 27212 |
| (I) For the purpose of providing and maintaining fire | 27213 |
| apparatus, appliances, buildings, or sites therefor, or sources of | 27214 |
| water supply and materials therefor, or the establishment and | 27215 |
| maintenance of lines of fire alarm telegraph, or the payment of | 27216 |
| permanent, part-time, or volunteer firefighters or firefighting | 27217 |
| companies to operate the same, including the payment of the | 27218 |
| firefighter employers' contribution required under section 742.34 | 27219 |
| of the Revised Code, or the purchase of ambulance equipment, or | 27220 |
| the provision of ambulance, paramedic, or other emergency medical | 27221 |
| services operated by a fire department or firefighting company; | 27222 |
| (J) For the purpose of providing and maintaining motor | 27223 |
| vehicles, communications, other equipment, buildings, and sites | 27224 |
| for such buildings used directly in the operation of a police | 27225 |
| department, or the payment of salaries of permanent police | 27226 |
| personnel, including the payment of the police officer employers' | 27227 |
| contribution required under section 742.33 of the Revised Code, or | 27228 |
| the payment of the costs incurred by townships as a result of | 27229 |
| contracts made with other political subdivisions in order to | 27230 |
| obtain police protection, or the provision of ambulance or | 27231 |
| emergency medical services operated by a police department; | 27232 |
| (K) For the maintenance and operation of a county home or | 27233 |
| detention facility; | 27234 |
| (L) For community mental retardation and developmental | 27235 |
| disabilities programs and services pursuant to Chapter 5126. of | 27236 |
| the Revised Code, except that the procedure for such levies shall | 27237 |
| be as provided in section 5705.222 of the Revised Code; | 27238 |
| (M) For regional planning; | 27239 |
| (N) For a county's share of the cost of maintaining and | 27240 |
| operating schools, district detention facilities, forestry camps, | 27241 |
| or other facilities, or any combination thereof, established under | 27242 |
| section 2151.65 or 2152.41 of the Revised Code or both of those | 27243 |
| sections; | 27244 |
| (O) For providing for flood defense, providing and | 27245 |
| maintaining a flood wall or pumps, and other purposes to prevent | 27246 |
| floods; | 27247 |
| (P) For maintaining and operating sewage disposal plants and | 27248 |
| facilities; | 27249 |
| (Q) For the purpose of purchasing, acquiring, constructing, | 27250 |
| enlarging, improving, equipping, repairing, maintaining, or | 27251 |
| operating, or any combination of the foregoing, a county transit | 27252 |
| system pursuant to sections 306.01 to 306.13 of the Revised Code, | 27253 |
| or of making any payment to a board of county commissioners | 27254 |
| operating a transit system or a county transit board pursuant to | 27255 |
| section 306.06 of the Revised Code; | 27256 |
| (R) For the subdivision's share of the cost of acquiring or | 27257 |
| constructing any schools, forestry camps, detention facilities, | 27258 |
| or other facilities, or any combination thereof, under section | 27259 |
| 2151.65 or 2152.41 of the Revised Code or both of those sections; | 27260 |
| (S) For the prevention, control, and abatement of air | 27261 |
| pollution; | 27262 |
| (T) For maintaining and operating cemeteries; | 27263 |
| (U) For providing ambulance service, emergency medical | 27264 |
| service, or both; | 27265 |
| (V) For providing for the collection and disposal of garbage | 27266 |
| or refuse, including yard waste; | 27267 |
| (W) For the payment of the police officer employers' | 27268 |
| contribution or the firefighter employers' contribution required | 27269 |
| under sections 742.33 and 742.34 of the Revised Code; | 27270 |
| (X) For the construction and maintenance of a drainage | 27271 |
| improvement pursuant to section 6131.52 of the Revised Code; | 27272 |
| (Y) For providing or maintaining senior citizens services or | 27273 |
| facilities as authorized by section 307.694, 307.85, 505.70, or | 27274 |
| 505.706 or division (EE) of section 717.01 of the Revised Code; | 27275 |
| (Z) For the provision and maintenance of zoological park | 27276 |
| services and facilities as authorized under section 307.76 of the | 27277 |
| Revised Code; | 27278 |
| (AA) For the maintenance and operation of a free public | 27279 |
| museum of art, science, or history; | 27280 |
| (BB) For the establishment and operation of a 9-1-1 system, | 27281 |
| as defined in section 4931.40 of the Revised Code; | 27282 |
| (CC) For the purpose of acquiring, rehabilitating, or | 27283 |
| developing rail property or rail service. As used in this | 27284 |
| division, "rail property" and "rail service" have the same | 27285 |
| meanings as in section 4981.01 of the Revised Code. This division | 27286 |
| applies only to a county, township, or municipal corporation. | 27287 |
| (DD) For the purpose of acquiring property for, constructing, | 27288 |
| operating, and maintaining community centers as provided for in | 27289 |
| section 755.16 of the Revised Code; | 27290 |
| (EE) For the creation and operation of an office or joint | 27291 |
| office of economic development, for any economic development | 27292 |
| purpose of the office, and to otherwise provide for the | 27293 |
| establishment and operation of a program of economic development | 27294 |
| pursuant to sections 307.07 and 307.64 of the Revised Code; | 27295 |
| (FF) For the purpose of acquiring, establishing, | 27296 |
| constructing, improving, equipping, maintaining, or operating, or | 27297 |
| any combination of the foregoing, a township airport, landing | 27298 |
| field, or other air navigation facility pursuant to section 505.15 | 27299 |
| of the Revised Code; | 27300 |
| (GG) For the payment of costs incurred by a township as a | 27301 |
| result of a contract made with a county pursuant to section | 27302 |
| 505.263 of the Revised Code in order to pay all or any part of the | 27303 |
| cost of constructing, maintaining, repairing, or operating a water | 27304 |
| supply improvement; | 27305 |
| (HH) For a board of township trustees to acquire, other than | 27306 |
| by appropriation, an ownership interest in land, water, or | 27307 |
| wetlands, or to restore or maintain land, water, or wetlands in | 27308 |
| which the board has an ownership interest, not for purposes of | 27309 |
| recreation, but for the purposes of protecting and preserving the | 27310 |
| natural, scenic, open, or wooded condition of the land, water, or | 27311 |
| wetlands against modification or encroachment resulting from | 27312 |
| occupation, development, or other use, which may be styled as | 27313 |
| protecting or preserving "greenspace" in the resolution, notice of | 27314 |
| election, or ballot form; | 27315 |
| (II) For the support by a county of a crime victim assistance | 27316 |
| program that is provided and maintained by a county agency or a | 27317 |
| private, nonprofit corporation or association under section 307.62 | 27318 |
| of the Revised Code; | 27319 |
| (JJ) For any or all of the purposes set forth in divisions | 27320 |
| (I) and (J) of this section. This division applies only to a | 27321 |
| township. | 27322 |
| (KK) For a countywide public safety communications system | 27323 |
| under section 307.63 of the Revised Code. This division applies | 27324 |
| only to counties. | 27325 |
| (LL) For the support by a county of criminal justice services | 27326 |
| under section 307.45 of the Revised Code; | 27327 |
| (MM) For the purpose of maintaining and operating a jail or | 27328 |
| other detention facility as defined in section 2921.01 of the | 27329 |
| Revised Code; | 27330 |
| (NN) For purchasing, maintaining, or improving, or any | 27331 |
| combination of the foregoing, real estate on which to hold | 27332 |
| agricultural fairs. This division applies only to a county. | 27333 |
| (OO) For constructing, rehabilitating, repairing, or | 27334 |
| maintaining sidewalks, walkways, trails, bicycle pathways, or | 27335 |
| similar improvements, or acquiring ownership interests in land | 27336 |
| necessary for the foregoing improvements; | 27337 |
| (PP) For both of the purposes set forth in divisions (G) and | 27338 |
| (OO) of this section. | 27339 |
| (QQ) For both of the purposes set forth in divisions (H) and | 27340 |
| (HH) of this section. This division applies only to a township. | 27341 |
| (RR) For the legislative authority of a municipal | 27342 |
| corporation, board of county commissioners of a county, or board | 27343 |
| of township trustees of a township to acquire agricultural | 27344 |
| easements, as defined in section 5301.67 of the Revised Code, and | 27345 |
| to supervise and enforce the easements. | 27346 |
| (SS) For both of the purposes set forth in divisions (BB) and | 27347 |
| (KK) of this section. This division applies only to a county. | 27348 |
| (TT) For the maintenance and operation of a facility that is | 27349 |
| organized in whole or in part to promote the sciences and natural | 27350 |
| history under section 307.761 of the Revised Code. | 27351 |
| The resolution shall be confined to the purpose or purposes | 27352 |
| described in one division of this section, to which the revenue | 27353 |
| derived therefrom shall be applied. The existence in any other | 27354 |
| division of this section of authority to levy a tax for any part | 27355 |
| or all of the same purpose or purposes does not preclude the use | 27356 |
| of such revenues for any part of the purpose or purposes of the | 27357 |
| division under which the resolution is adopted. | 27358 |
| The resolution shall specify the amount of the increase in | 27359 |
| rate that it is necessary to levy, the purpose of that increase in | 27360 |
| rate, and the number of years during which the increase in rate | 27361 |
| shall be in effect, which may or may not include a levy upon the | 27362 |
| duplicate of the current year. The number of years may be any | 27363 |
| number not exceeding five, except as follows: | 27364 |
| (1) When the additional rate is for the payment of debt | 27365 |
| charges, the increased rate shall be for the life of the | 27366 |
| indebtedness. | 27367 |
| (2) When the additional rate is for any of the following, the | 27368 |
| increased rate shall be for a continuing period of time: | 27369 |
| (a) For the current expenses for a detention facility | 27370 |
| district, a district organized under section 2151.65 of the | 27371 |
| Revised Code, or a combined district organized under sections | 27372 |
| 2151.65 and 2152.41 of the Revised Code; | 27373 |
| (b) For providing a county's share of the cost of maintaining | 27374 |
| and operating schools, district detention facilities, forestry | 27375 |
| camps, or other facilities, or any combination thereof, | 27376 |
| established under section 2151.65 or 2152.41 of the Revised Code | 27377 |
| or under both of those sections. | 27378 |
| (3) When the additional rate is for either of the following, | 27379 |
| the increased rate may be for a continuing period of time: | 27380 |
| (a) For the purposes set forth in division (I), (J), (U), or | 27381 |
| (KK) of this section; | 27382 |
| (b) For the maintenance and operation of a joint recreation | 27383 |
| district. | 27384 |
| (4) When the increase is for the purpose or purposes set | 27385 |
| forth in division (D), (G), (H), (CC), or (PP) of this section, | 27386 |
| the tax levy may be for any specified number of years or for a | 27387 |
| continuing period of time, as set forth in the resolution. | 27388 |
| (5) When the additional rate is for the purpose described in | 27389 |
| division (Z) of this section, the increased rate shall be for any | 27390 |
| number of years not exceeding ten. | 27391 |
| A levy for one of the purposes set forth in division (G), | 27392 |
| (I), (J), or (U) of this section may be reduced pursuant to | 27393 |
| section 5705.261 or 5705.31 of the Revised Code. A levy for one of | 27394 |
| the purposes set forth in division (G), (I), (J), or (U) of this | 27395 |
| section may also be terminated or permanently reduced by the | 27396 |
| taxing authority if it adopts a resolution stating that the | 27397 |
| continuance of the levy is unnecessary and the levy shall be | 27398 |
| terminated or that the millage is excessive and the levy shall be | 27399 |
| decreased by a designated amount. | 27400 |
| A resolution of a detention facility district, a district | 27401 |
| organized under section 2151.65 of the Revised Code, or a combined | 27402 |
| district organized under both sections 2151.65 and 2152.41 of the | 27403 |
| Revised Code may include both current expenses and other purposes, | 27404 |
| provided that the resolution shall apportion the annual rate of | 27405 |
| levy between the current expenses and the other purpose or | 27406 |
| purposes. The apportionment need not be the same for each year of | 27407 |
| the levy, but the respective portions of the rate actually levied | 27408 |
| each year for the current expenses and the other purpose or | 27409 |
| purposes shall be limited by the apportionment. | 27410 |
| Whenever a board of county commissioners, acting either as | 27411 |
| the taxing authority of its county or as the taxing authority of a | 27412 |
| sewer district or subdistrict created under Chapter 6117. of the | 27413 |
| Revised Code, by resolution declares it necessary to levy a tax in | 27414 |
| excess of the ten-mill limitation for the purpose of constructing, | 27415 |
| improving, or extending sewage disposal plants or sewage systems, | 27416 |
| the tax may be in effect for any number of years not exceeding | 27417 |
| twenty, and the proceeds of the tax, notwithstanding the general | 27418 |
| provisions of this section, may be used to pay debt charges on any | 27419 |
| obligations issued and outstanding on behalf of the subdivision | 27420 |
| for the purposes enumerated in this paragraph, provided that any | 27421 |
| such obligations have been specifically described in the | 27422 |
| resolution. | 27423 |
| The resolution shall go into immediate effect upon its | 27424 |
| passage, and no publication of the resolution is necessary other | 27425 |
| than that provided for in the notice of election. | 27426 |
| When the electors of a subdivision have approved a tax levy | 27427 |
| under this section, the taxing authority of the subdivision may | 27428 |
| anticipate a fraction of the proceeds of the levy and issue | 27429 |
| anticipation notes in accordance with section 5705.191 or 5705.193 | 27430 |
| of the Revised Code. | 27431 |
| Sec. 5705.195. Within five days after the resolution is | 27432 |
| certified to the county auditor as provided by section 5705.194 of | 27433 |
| the Revised Code, the auditor shall calculate and certify to the | 27434 |
| taxing authority the annual levy, expressed in dollars and cents | 27435 |
| for each one hundred dollars of valuation as well as in mills for | 27436 |
| each one dollar of valuation, throughout the life of the levy | 27437 |
| which will be required to produce the annual amount set forth in | 27438 |
| the resolution assuming that the amount of the tax list of such | 27439 |
| subdivision remains throughout the life of the levy the same as | 27440 |
| the amount of the tax list for the current year, and if this is | 27441 |
| not determined, the estimated amount submitted by the auditor to | 27442 |
| the county budget commission. | 27443 |
| tangible personal property component of the tax valuation of the | 27444 |
| subdivision, the county auditor shall take into account the | 27445 |
| assessment percentages prescribed in section 5711.22 of the | 27446 |
| Revised Code. The tax commissioner may issue rules, orders, or | 27447 |
| instructions directing how the assessment percentages must be | 27448 |
| utilized. | 27449 |
| Upon receiving the certification from the county auditor, if | 27450 |
| the taxing authority desires to proceed with the submission of the | 27451 |
| question it shall, not less than seventy-five days before the day | 27452 |
| of such election, certify its resolution, together with the amount | 27453 |
| of the average tax levy, expressed in dollars and cents for each | 27454 |
| one hundred dollars of valuation as well as in mills for each one | 27455 |
| dollar of valuation, estimated by the auditor, and the number of | 27456 |
| years the levy is to run to the board of elections of the county | 27457 |
| which shall prepare the ballots and make other necessary | 27458 |
| arrangements for the submission of the question to the voters of | 27459 |
| the subdivision. | 27460 |
| Sec. 5705.211. (A) As used in this section: | 27461 |
| (1) "Adjusted charge-off increase" for a tax year means two | 27462 |
| and three-tenths per cent of the cumulative carryover property | 27463 |
| value increase. | 27464 |
| (2) "Cumulative carryover property value increase" means the | 27465 |
| sum of the increases in carryover value certified under division | 27466 |
| (B)(2) of section 3317.015 of the Revised Code and included in a | 27467 |
| school district's total taxable value in the computation of | 27468 |
| recognized valuation under division (B) of that section for all | 27469 |
| fiscal years from the fiscal year that ends in the first tax year | 27470 |
| a levy under this section is extended on the tax list of real and | 27471 |
| public utility property until and including the fiscal year that | 27472 |
| ends in the current tax year. | 27473 |
| (3) "Taxes charged and payable" means the taxes charged and | 27474 |
| payable from a tax levy extended on the real and public utility | 27475 |
| property tax list and the general list of personal property before | 27476 |
| any reduction under section 319.302, 323.152, or 323.158 of the | 27477 |
| Revised Code. | 27478 |
| (B) The board of education of a city, local, or exempted | 27479 |
| village school district may adopt a resolution proposing the levy | 27480 |
| of a tax in excess of the ten-mill limitation for the purpose of | 27481 |
| paying the current operating expenses of the district. If the | 27482 |
| resolution is approved as provided in division (D) of this | 27483 |
| section, the tax may be levied at such a rate each tax year that | 27484 |
| the total taxes charged and payable from the levy equals the | 27485 |
| adjusted charge-off increase for the tax year or equals a lesser | 27486 |
| amount as prescribed under division (C) of this section. The tax | 27487 |
| may be levied for a continuing period of time or for a specific | 27488 |
| number of years, but not fewer than five years, as provided in the | 27489 |
| resolution. The tax may not be placed on the tax list for a tax | 27490 |
| year beginning before the first day of January following adoption | 27491 |
| of the resolution. A board of education may not adopt a resolution | 27492 |
| under this section proposing to levy a tax under this section | 27493 |
| concurrently with any other tax levied by the board under this | 27494 |
| section. | 27495 |
| (C) After the first year a tax is levied under this section, | 27496 |
| the rate of the tax in any year shall not exceed the rate, | 27497 |
| estimated by the county auditor, that would cause the sums levied | 27498 |
| from the tax against carryover property to exceed one hundred four | 27499 |
| per cent of the sums levied from the tax against carryover | 27500 |
| property in the preceding year. A board of education imposing a | 27501 |
| tax under this section may specify in the resolution imposing the | 27502 |
| tax that the percentage shall be less than one hundred four per | 27503 |
| cent, but the percentage shall not be less than one hundred per | 27504 |
| cent. At any time after a resolution adopted under this section is | 27505 |
| approved by a majority of electors as provided in division (D) of | 27506 |
| this section, the board of education, by resolution, may decrease | 27507 |
| the percentage specified in the resolution levying the tax. | 27508 |
| (D) A resolution adopted under this section shall state that | 27509 |
| the purpose of the tax is to pay current operating expenses of the | 27510 |
| district, and shall specify the first year in which the tax is to | 27511 |
| be levied, the number of years the tax will be levied or that it | 27512 |
| will be levied for a continuing period of time, and the election | 27513 |
| at which the question of the tax is to appear on the ballot, which | 27514 |
| shall be a general or special election consistent with the | 27515 |
| requirements of section 3501.01 of the Revised Code. If the board | 27516 |
| of education specifies a percentage less than one hundred four per | 27517 |
| cent pursuant to division (C) of this section, the percentage | 27518 |
| shall be specified in the resolution. | 27519 |
| Upon adoption of the resolution, the board of education may | 27520 |
| certify a copy of the resolution to the proper county board of | 27521 |
| elections. The copy of the resolution shall be certified to the | 27522 |
| board of elections not later than seventy-five days before the day | 27523 |
| of the election at which the question of the tax is to appear on | 27524 |
| the ballot. Upon receiving a timely certified copy of such a | 27525 |
| resolution, the board of elections shall make the necessary | 27526 |
| arrangements for the submission of the question to the electors of | 27527 |
| the school district, and the election shall be conducted, | 27528 |
| canvassed, and certified in the same manner as regular elections | 27529 |
| in the school district for the election of members of the board of | 27530 |
| education. Notice of the election shall be published in one or | 27531 |
| more newspapers of general circulation in the school district once | 27532 |
| per week for four consecutive weeks. The notice shall state that | 27533 |
| the purpose of the tax is for the current operating expenses of | 27534 |
| the school district, the first year the tax is to be levied, the | 27535 |
| number of years the tax is to be levied or that it is to be levied | 27536 |
| for a continuing period of time, that the tax is to be levied each | 27537 |
| year in an amount estimated to offset decreases in state base cost | 27538 |
| funding caused by appreciation in real estate values, and that the | 27539 |
| estimated additional tax in any year shall not exceed the previous | 27540 |
| year's by more than four per cent, or a lesser percentage | 27541 |
| specified in the resolution levying the tax, except for increases | 27542 |
| caused by the addition of new taxable property. | 27543 |
| The question shall be submitted as a separate proposition but | 27544 |
| may be printed on the same ballot with any other proposition | 27545 |
| submitted at the same election other than the election of | 27546 |
| officers. | 27547 |
| The form of the ballot shall be substantially as follows: | 27548 |
| "An additional tax for the benefit of (name of school | 27549 |
| district) for the purpose of paying the current operating expenses | 27550 |
| of the district, for .......... (number of years or for continuing | 27551 |
| period of time), at a rate sufficient to offset any reduction in | 27552 |
| basic state funding caused by appreciation in real estate values? | 27553 |
| This levy will permit variable annual growth in revenue up to . . | 27554 |
| . . .(amount specified by school district) per cent for the | 27555 |
| duration of the levy. | 27556 |
| 27557 |
| For the tax levy | 27558 | ||||
| Against the tax levy | " | 27559 |
| 27560 |
| If a majority of the electors of the school district voting | 27561 |
| on the question vote in favor of the question, the board of | 27562 |
| elections shall certify the results of the election to the board | 27563 |
| of education and to the tax commissioner immediately after the | 27564 |
| canvass. | 27565 |
| (E) When preparing any estimate of the contemplated receipts | 27566 |
| from a tax levied pursuant to this section for the purposes of | 27567 |
| sections 5705.28 to 5705.40 of the Revised Code, and in preparing | 27568 |
| to certify the tax under section 5705.34 of the Revised Code, a | 27569 |
| board of education authorized to levy such a tax shall use | 27570 |
| information supplied by the department of education to determine | 27571 |
| the adjusted charge-off increase for the tax year for which that | 27572 |
| certification is made. If the board levied a tax under this | 27573 |
| section in the preceding tax year, the sum to be certified for | 27574 |
| collection from the tax shall not exceed the sum that would exceed | 27575 |
| the limitation imposed under division (C) of this section. At the | 27576 |
| request of the board of education or the treasurer of the school | 27577 |
| district, the county auditor shall assist the board of education | 27578 |
| in determining the rate or sum that may be levied under this | 27579 |
| section. | 27580 |
| The board of education shall certify the sum authorized to be | 27581 |
| levied to the county auditor, and, for the purpose of the county | 27582 |
| auditor determining the rate at which the tax is to be levied in | 27583 |
| the tax year, the sum so certified shall be the sum to be raised | 27584 |
| by the tax unless the sum exceeds the limitation imposed by | 27585 |
| division (C) of this section. A tax levied pursuant to this | 27586 |
| section shall not be levied at a rate in excess of the rate | 27587 |
| estimated by the county auditor to produce the sum certified by | 27588 |
| the board of education before the reductions under sections | 27589 |
| 319.302, 323.152, and 323.158 of the Revised Code. Notwithstanding | 27590 |
| section 5705.34 of the Revised Code, a board of education | 27591 |
| authorized to levy a tax under this section shall certify the tax | 27592 |
| to the county auditor before the first day of October of the tax | 27593 |
| year in which the tax is to be levied, or at a later date as | 27594 |
| approved by the tax commissioner. | 27595 |
| Sec. 5705.34. When the budget commission has completed its | 27596 |
| work with respect to a tax budget or other information required to | 27597 |
| be provided under section 5705.281 of the Revised Code, it shall | 27598 |
| certify its action to the taxing authority, together with an | 27599 |
| estimate by the county auditor of the rate of each tax necessary | 27600 |
| to be levied by the taxing authority within its subdivision or | 27601 |
| taxing unit, and what part thereof is in excess of, and what part | 27602 |
| within, the ten-mill tax limitation. The certification shall also | 27603 |
| indicate the date on which each tax levied by the taxing authority | 27604 |
| will expire. | 27605 |
| If a taxing authority levies a tax for a fixed sum of money | 27606 |
| or to pay debt charges for the tax year for which the tax budget | 27607 |
| is prepared, and a payment on account of that tax is payable to | 27608 |
|
the taxing authority for the tax year
under section 5727.85 | 27609 |
| 5727.86, 5751.21, or 5751.22 of the Revised Code, the county | 27610 |
| auditor, when estimating the rate at which the tax shall be levied | 27611 |
| in the current year, shall estimate the rate necessary to raise | 27612 |
| the required sum less the estimated amount of any payments made | 27613 |
| for the tax year to a taxing unit for fixed-sum levies under those | 27614 |
| sections
| 27615 |
| rate shall be the rate of the levy that the budget commission | 27616 |
| certifies with its action under this section. | 27617 |
| Each taxing authority, by ordinance or resolution, shall | 27618 |
| authorize the necessary tax levies and certify them to the county | 27619 |
| auditor before the first day of October in each year, or at such | 27620 |
| later date as is approved by the tax commissioner, except that the | 27621 |
| certification by a board of education shall be made by the first | 27622 |
| day of April or at such later date as is approved by the | 27623 |
| commissioner, and except that a township board of park | 27624 |
| commissioners that is appointed by the board of township trustees | 27625 |
| and oversees a township park district that contains only | 27626 |
| unincorporated territory shall authorize only those taxes approved | 27627 |
| by, and only at the rate approved by, the board of township | 27628 |
| trustees as required by division (C) of section 511.27 of the | 27629 |
| Revised Code. If the levying of a tax to be placed on the | 27630 |
| duplicate of the current year is approved by the electors of the | 27631 |
| subdivision under sections 5705.01 to 5705.47 of the Revised Code; | 27632 |
| if the rate of a school district tax is increased due to the | 27633 |
| repeal of a school district income tax and property tax rate | 27634 |
| reduction at an election held pursuant to section 5748.04 of the | 27635 |
| Revised Code; or if refunding bonds to refund all or a part of the | 27636 |
| principal of bonds payable from a tax levy for the ensuing fiscal | 27637 |
| year are issued or sold and in the process of delivery, the budget | 27638 |
| commission shall reconsider and revise its action on the budget of | 27639 |
| the subdivision or school library district for whose benefit the | 27640 |
| tax is to be levied after the returns of such election are fully | 27641 |
| canvassed, or after the issuance or sale of such refunding bonds | 27642 |
| is certified to it. | 27643 |
| Sec. 5709.08. (A)(1) Real or personal property belonging to | 27644 |
| the state or United States used exclusively for a public purpose, | 27645 |
| and public property used exclusively for a public purpose, shall | 27646 |
| be exempt from taxation. | 27647 |
| (2) For purposes of division (A)(1) of this section, real and | 27648 |
| personal property owned by the state, even when the property is | 27649 |
| leased or otherwise operated by a private party, and used as | 27650 |
| public service facilities described in section 1501.07 of the | 27651 |
| Revised Code, as concessions or other special projects described | 27652 |
| in division (F) of section 1531.06 of the Revised Code, as refuge | 27653 |
| harbors or marine recreational facilities described in section | 27654 |
| 1547.72 of the Revised Code, or areas described in section 1503.03 | 27655 |
| of the Revised Code, is hereby declared to be public property | 27656 |
| "used exclusively for a public purpose." | 27657 |
| (B) Real and personal property, when devoted to public use | 27658 |
| and not held for pecuniary profit, owned by an adjoining state or | 27659 |
| any political subdivision or agency of such adjoining state, which | 27660 |
| would be exempt from taxation if owned by the state of Ohio or a | 27661 |
| political subdivision or agency thereof, shall be exempt from | 27662 |
| taxation providing that such adjoining state exempts from taxation | 27663 |
| real and personal property devoted to public use and not held for | 27664 |
| pecuniary profit, owned by the state of Ohio or any political | 27665 |
| subdivision or agency thereof, which would be exempt from taxation | 27666 |
| if owned by the adjoining state or political subdivision or agency | 27667 |
| thereof. | 27668 |
| Sec. 5709.081. (A) Real and tangible personal property owned | 27669 |
| by a political subdivision that is a public recreational facility | 27670 |
| for athletic events shall be exempt from taxation if all of the | 27671 |
| following apply: | 27672 |
| (1) The property is controlled and managed by a political | 27673 |
| subdivision or a county-related corporation or by a similar | 27674 |
| corporation under the direct control of a political subdivision | 27675 |
| and whose members and trustees are chosen or appointed by the | 27676 |
| subdivision; | 27677 |
| (2) All revenues and receipts derived by the subdivision or | 27678 |
| corporation that controls and manages the property, after | 27679 |
| deducting amounts needed to pay necessary expenses for the | 27680 |
| operation and management of the property, accrue to the political | 27681 |
| subdivision owning the property; | 27682 |
| (3) The property is not occupied and used for more than seven | 27683 |
| days in any calendar month by any private entity for profit or for | 27684 |
| more than a total of fifteen days in any calendar month by all | 27685 |
| such private entities for profit; | 27686 |
| (4) The property is under the direction and control of the | 27687 |
| political subdivision or managing corporation whenever it is being | 27688 |
| used by a private entity for profit; | 27689 |
| (5) The primary user or users of the property, if such a | 27690 |
| primary user exists, are controlled and managed by the political | 27691 |
| subdivision or corporation that controls and manages the property. | 27692 |
| (B) Tangible personal property, and all buildings, | 27693 |
|
structures, fixtures, and improvements | 27694 |
| 27695 | |
| property, acquired after March 2, 1992, and are part of or used in | 27696 |
| a public recreational facility used by a major league professional | 27697 |
| athletic team or a class A to class AAA minor league affiliate of | 27698 |
| a major league baseball team for a significant portion of its home | 27699 |
| schedule, and land acquired by a political subdivision in 1999 for | 27700 |
| such purposes or originally leased from a political subdivision, | 27701 |
| such political subdivision qualifying as such pursuant to division | 27702 |
| (G) of this section, in 1998 for such purposes, are declared to be | 27703 |
| public property used for a public purpose and are exempt from | 27704 |
| taxation, if all of the following apply: | 27705 |
| (1) Such property, or the land upon which such property is | 27706 |
| located if such land was originally leased in 1998 from a | 27707 |
| political subdivision that qualifies as such pursuant to division | 27708 |
| (G) of this section, is owned by one or more political | 27709 |
| subdivisions or by a corporation controlled by such subdivisions; | 27710 |
| (2) Such property was or is any of the following: | 27711 |
| (a) Constructed or, in the case of personal property, | 27712 |
| acquired pursuant to an agreement with a municipal corporation to | 27713 |
| implement a development, redevelopment, or renewal plan for an | 27714 |
| area declared by the municipal corporation to be a slum or | 27715 |
| blighted area, as those terms are defined in section 725.01 of the | 27716 |
| Revised Code; | 27717 |
| (b) Financed in whole or in part with public obligations as | 27718 |
| defined in section 5709.76 of the Revised Code or otherwise paid | 27719 |
| for in whole or in part by one or more political subdivisions; | 27720 |
| (c) An improvement or addition to property defined in | 27721 |
| division (B)(2)(a) or (b) of this section. | 27722 |
| (3) Such property is controlled and managed by either of the | 27723 |
| following: | 27724 |
| (a) One or more of the political subdivisions or the | 27725 |
| corporation that owns it; | 27726 |
| (b) A designee, tenant, or agent of such political | 27727 |
| subdivision or subdivisions or corporation pursuant to a | 27728 |
| management, lease, or similar written agreement. | 27729 |
| (4) The primary user or users of such property, if a primary | 27730 |
| user or primary users exist, either: | 27731 |
| (a) Are controlled and managed by one or more of the | 27732 |
| political subdivisions or the corporation that owns the property; | 27733 |
| or | 27734 |
| (b) Operate under leases, licenses, management agreements, or | 27735 |
| similar arrangements with, and providing for the payment of rents, | 27736 |
| revenues, or other remuneration to, one or more of the political | 27737 |
| subdivisions or the corporation that owns the property. | 27738 |
| (5) Any residual cash accrues to the political subdivision or | 27739 |
| subdivisions that own the property or that control the corporation | 27740 |
| that owns the property, and is used for the public purposes of the | 27741 |
| subdivision or subdivisions. As used in division (B)(5) of this | 27742 |
| section, "residual cash" means any revenue and receipts derived | 27743 |
| from the property by the political subdivision or subdivisions or | 27744 |
| corporation that owns the property and that are available for | 27745 |
| unencumbered use by the political subdivision or subdivisions or | 27746 |
| corporation, after deducting amounts needed to make necessary | 27747 |
| expenditures, pay debt service, and provide for working capital | 27748 |
| related to the ownership, management, operation, and use of the | 27749 |
| property, including payments of taxes on the taxable part of the | 27750 |
| public recreational facility, contractually obligated payments or | 27751 |
| deposits into reserves or otherwise, and service payments under | 27752 |
| section 307.699 of the Revised Code. | 27753 |
| (C) The exemption provided in division (B) of this section | 27754 |
| also applies to both of the following: | 27755 |
| (1) The property during its construction or, in the case of | 27756 |
| tangible personal property, acquisition during the construction | 27757 |
| period, if the owner meets the condition of division (B)(1) of | 27758 |
| this section and has agreements that provide for the satisfaction | 27759 |
| of all other conditions of division (B) of this section upon the | 27760 |
| completion of the construction; | 27761 |
| (2) Any improvement or addition made after March 2, 1992, to | 27762 |
| a public recreational facility that was constructed before March | 27763 |
| 2, 1992, as long as all other conditions in division (B) of this | 27764 |
| section are met. | 27765 |
| (D) A corporation that owns property exempt from taxation | 27766 |
| under division (B) of this section is a public body for the | 27767 |
| purposes of section 121.22 of the Revised Code. The corporation's | 27768 |
| records are public records for the purposes of section 149.43 of | 27769 |
| the Revised Code, except records related to matters set forth in | 27770 |
| division (G) of section 121.22 of the Revised Code and records | 27771 |
| related to negotiations that are not yet completed for financing, | 27772 |
| leases, or other agreements. | 27773 |
| (E) The exemption under division (B) of this section applies | 27774 |
| to property that is owned by the political subdivision or | 27775 |
| subdivisions or the corporation that owns the public recreational | 27776 |
| facility. Tangible personal property owned by users, managers, or | 27777 |
| lessees of the facility is taxable when used in the public | 27778 |
| recreational facility. | 27779 |
| (F) Nothing in this section or in any other section of the | 27780 |
| Revised Code prohibits or otherwise precludes an agreement between | 27781 |
| a political subdivision, or a corporation controlled by a | 27782 |
| political subdivision, that owns or operates a public recreational | 27783 |
| facility that is exempted from taxation under division (A) or (B) | 27784 |
| of this section and the board of education of a school district or | 27785 |
| the legislative authority of a municipal corporation, or both, in | 27786 |
| which all or a part of that facility is located, providing for | 27787 |
| payments to the school district or municipal corporation, or both, | 27788 |
| in lieu of taxes that otherwise would be charged against real and | 27789 |
| tangible personal property exempted from taxation under this | 27790 |
| section, for a period of time and under such terms and conditions | 27791 |
| as the legislative authority of the political subdivision and the | 27792 |
| board of education or municipal legislative authority, or both, | 27793 |
| may agree, which agreements are hereby specifically authorized. | 27794 |
| (G) As used in this section, "political subdivision" includes | 27795 |
| the state or an agency of the state if the city, local, or | 27796 |
| exempted village school district in which the property is situated | 27797 |
| expressly consents to exempting the property from taxation. | 27798 |
| Sec. 5709.40. (A) As used in this section: | 27799 |
| (1) "Blighted area" and "impacted city" have the same | 27800 |
| meanings as in section 1728.01 of the Revised Code. | 27801 |
| (2) "Business day" means a day of the week excluding | 27802 |
| Saturday, Sunday, and a legal holiday as defined under section | 27803 |
| 1.14 of the Revised Code. | 27804 |
| (3) "Housing renovation" means a project carried out for | 27805 |
| residential purposes. | 27806 |
| (4) "Improvement" means the increase in the assessed value of | 27807 |
| any real property that would first appear on the tax list and | 27808 |
| duplicate of real and public utility property after the effective | 27809 |
| date of an ordinance adopted under this section were it not for | 27810 |
| the exemption granted by that ordinance. | 27811 |
| (5) "Incentive district" means an area not more than three | 27812 |
| hundred acres in size enclosed by a continuous boundary in which a | 27813 |
| project is being, or will be, undertaken and having one or more of | 27814 |
| the following distress characteristics: | 27815 |
| (a) At least fifty-one per cent of the residents of the | 27816 |
| district have incomes of less than eighty per cent of the median | 27817 |
| income of residents of the political subdivision in which the | 27818 |
| district is located, as determined in the same manner specified | 27819 |
| under section 119(b) of the "Housing and Community Development Act | 27820 |
| of 1974," 88 Stat. 633, 42 U.S.C. 5318, as amended; | 27821 |
| (b) The average rate of unemployment in the district during | 27822 |
| the most recent twelve-month period for which data are available | 27823 |
| is equal to at least one hundred fifty per cent of the average | 27824 |
| rate of unemployment for this state for the same period. | 27825 |
| (c) At least twenty per cent of the people residing in the | 27826 |
| district live at or below the poverty level as defined in the | 27827 |
| federal Housing and Community Development Act of 1974, 42 U.S.C. | 27828 |
| 5301, as amended, and regulations adopted pursuant to that act. | 27829 |
| (d) The district is a blighted area. | 27830 |
| (e) The district is in a situational distress area as | 27831 |
| designated by the director of development under division (F) of | 27832 |
| section 122.23 of the Revised Code. | 27833 |
| (f) As certified by the engineer for the political | 27834 |
| subdivision, the public infrastructure serving the district is | 27835 |
| inadequate to meet the development needs of the district as | 27836 |
| evidenced by a written economic development plan or urban renewal | 27837 |
| plan for the district that has been adopted by the legislative | 27838 |
| authority of the subdivision. | 27839 |
| (g) The district is comprised entirely of unimproved land | 27840 |
| that is located in a distressed area as defined in section 122.23 | 27841 |
| of the Revised Code. | 27842 |
| (6) "Project" means development activities undertaken on one | 27843 |
| or more parcels, including, but not limited to, construction, | 27844 |
| expansion, and alteration of buildings or structures, demolition, | 27845 |
| remediation, and site development, and any building or structure | 27846 |
| that results from those activities. | 27847 |
| (7) "Public infrastructure improvement" includes, but is not | 27848 |
| limited to, public roads and highways; water and sewer lines; | 27849 |
| environmental remediation; land acquisition, including acquisition | 27850 |
| in aid of industry, commerce, distribution, or research; | 27851 |
| demolition, including demolition on private property when | 27852 |
| determined to be necessary for economic development purposes; | 27853 |
| stormwater and flood remediation projects, including such projects | 27854 |
| on private property when determined to be necessary for public | 27855 |
| health, safety, and welfare; the provision of gas, electric, and | 27856 |
| communications service facilities; and the enhancement of public | 27857 |
| waterways through improvements that allow for greater public | 27858 |
| access. | 27859 |
| 27860 |
| (B) The legislative authority of a municipal corporation, by | 27861 |
| ordinance, may declare improvements to certain parcels of real | 27862 |
| property located in the municipal corporation to be a public | 27863 |
| purpose. Improvements with respect to a parcel that is used or to | 27864 |
| be used for residential purposes may be declared a public purpose | 27865 |
| under this division only if the parcel is located in a blighted | 27866 |
|
area of an impacted city.
Except | 27867 |
| approval under division (D) of this section of the board of | 27868 |
| education of each city, local, or exempted village school district | 27869 |
| within which the improvements are located, not more than | 27870 |
| seventy-five per cent of an improvement thus declared to be a | 27871 |
| public purpose may be exempted from real property taxation for a | 27872 |
| period of not more than ten years. The ordinance shall specify the | 27873 |
| percentage of the improvement to be exempted from taxation and the | 27874 |
| life of the exemption. | 27875 |
| An ordinance adopted or amended under this division shall | 27876 |
| designate the specific public infrastructure improvements made, to | 27877 |
| be made, or in the process of being made by the municipal | 27878 |
| corporation that directly benefit, or that once made will directly | 27879 |
| benefit, the parcels for which improvements are declared to be a | 27880 |
| public purpose. The service payments provided for in section | 27881 |
| 5709.42 of the Revised Code shall be used to finance the public | 27882 |
|
infrastructure improvements
designated in the ordinance | 27883 |
| the purpose described in division (D)(1) of this section or as | 27884 |
| provided in section 5709.43 of the Revised Code. | 27885 |
| (C)(1) The legislative authority of a municipal corporation | 27886 |
| may adopt an ordinance creating an incentive district and | 27887 |
| declaring improvements to parcels within the district to be a | 27888 |
| public purpose and, except as provided in division (F) of this | 27889 |
| section, exempt from taxation as provided in this section, but no | 27890 |
| legislative authority of a municipal corporation that has a | 27891 |
| population that exceeds twenty-five thousand, as shown by the most | 27892 |
| recent federal decennial census, shall adopt an ordinance that | 27893 |
| creates an incentive district if | 27894 |
| 27895 | |
| in the proposed district for the preceding tax year and the | 27896 |
| taxable value of all real property in the municipal corporation | 27897 |
| that would have been taxable in the preceding year were it not for | 27898 |
| the fact that the property was in an existing incentive district | 27899 |
| and therefore exempt from taxation exceeds twenty-five per cent of | 27900 |
| the | 27901 |
| 27902 | |
| 27903 | |
| 27904 | |
| 27905 | |
| 27906 | |
| 27907 | |
| in the municipal corporation for the preceding tax year. The | 27908 |
| ordinance shall delineate the boundary of the district and | 27909 |
| specifically identify each parcel within the district. A district | 27910 |
| may not include any parcel that is or has been exempted from | 27911 |
| taxation under division (B) of this section or that is or has been | 27912 |
| within another district created under this division. An ordinance | 27913 |
| may create more than one such district, and more than one | 27914 |
| ordinance may be adopted under division (C)(1) of this section. | 27915 |
| (2) Not later than thirty days prior to adopting an ordinance | 27916 |
| under division (C)(1) of this section, if the municipal | 27917 |
| corporation intends to apply for exemptions from taxation under | 27918 |
| section 5709.911 of the Revised Code on behalf of owners of real | 27919 |
| property located within the proposed incentive district, the | 27920 |
| legislative authority of a municipal corporation shall conduct a | 27921 |
| public hearing on the proposed ordinance. Not later than thirty | 27922 |
| days prior to the public hearing, the legislative authority shall | 27923 |
| give notice of the public hearing and the proposed ordinance by | 27924 |
| first class mail to every real property owner whose property is | 27925 |
| located within the boundaries of the proposed incentive district | 27926 |
| that is the subject of the proposed ordinance. | 27927 |
| (3)(a) An ordinance adopted under division (C)(1) of this | 27928 |
| section shall specify the life of the incentive district and the | 27929 |
| percentage of the improvements to be exempted, shall designate the | 27930 |
| public infrastructure improvements made, to be made, or in the | 27931 |
| process of being made, that benefit or serve, or, once made, will | 27932 |
| benefit or serve parcels in the district. The ordinance also shall | 27933 |
| identify one or more specific projects being, or to be, undertaken | 27934 |
| in the district that place additional demand on the public | 27935 |
| infrastructure improvements designated in the ordinance. The | 27936 |
| project identified may, but need not be, the project under | 27937 |
| division (C)(3)(b) of this section that places real property in | 27938 |
| use for commercial or industrial purposes. Except as otherwise | 27939 |
| permitted under that division, the service payments provided for | 27940 |
| in section 5709.42 of the Revised Code shall be used to finance | 27941 |
| the designated public infrastructure
improvements | 27942 |
| purpose described in division (D)(1) or (E) of this section, or as | 27943 |
| provided in section 5709.43 of the Revised Code. | 27944 |
| An ordinance adopted under division (C)(1) of this section on | 27945 |
| or after the effective date of this amendment shall not designate | 27946 |
| police or fire equipment as public infrastructure improvements, | 27947 |
| and no service payment provided for in section 5709.42 of the | 27948 |
| Revised Code and received by the municipal corporation under the | 27949 |
| ordinance shall be used for police or fire equipment. | 27950 |
| (b) An ordinance adopted under division (C)(1) of this | 27951 |
| section may authorize the use of service payments provided for in | 27952 |
| section 5709.42 of the Revised Code for the purpose of housing | 27953 |
| renovations within the incentive district, provided that the | 27954 |
| ordinance also designates public infrastructure improvements that | 27955 |
| benefit or serve the district, and that a project within the | 27956 |
| district places real property in use for commercial or industrial | 27957 |
| purposes. Service payments may be used to finance or support | 27958 |
| loans, deferred loans, and grants to persons for the purpose of | 27959 |
| housing renovations within the district. The ordinance shall | 27960 |
| designate the parcels within the district that are eligible for | 27961 |
| housing renovation. The ordinance shall state separately the | 27962 |
| amounts or the percentages of the expected aggregate service | 27963 |
| payments that are designated for each public infrastructure | 27964 |
| improvement and for the general purpose of housing renovations. | 27965 |
| (4) Except with the approval of the board of education of | 27966 |
| each city, local, or exempted village school district within the | 27967 |
| territory of which the incentive district is or will be located, | 27968 |
| and subject to division (E) of this section, the life of an | 27969 |
| incentive district shall not exceed ten years, and the percentage | 27970 |
| of improvements to be exempted shall not exceed seventy-five per | 27971 |
| cent. With approval of the board of education, the life of a | 27972 |
| district may be not more than thirty years, and the percentage of | 27973 |
| improvements to be exempted may be not more than one hundred per | 27974 |
| cent. The approval | 27975 |
| | 27976 |
|
manner provided in division (D) of this section | 27977 |
| 27978 | |
| 27979 | |
| 27980 | |
| 27981 | |
| 27982 | |
| 27983 | |
| 27984 | |
| 27985 |
| (D)(1) If the ordinance declaring improvements to a parcel to | 27986 |
| be a public purpose or creating an incentive district specifies | 27987 |
| that payments in lieu of taxes provided for in section 5709.42 of | 27988 |
| the Revised Code shall be paid to the city, local, or exempted | 27989 |
| village school district in which the parcel or incentive district | 27990 |
| is located in the amount of the taxes that would have been payable | 27991 |
| to the school district if the improvements had not been exempted | 27992 |
| from taxation, the percentage of the improvement that may be | 27993 |
| exempted from taxation may exceed seventy-five per cent, and the | 27994 |
| exemption may be granted for up to thirty years, without the | 27995 |
| approval of the board of education as otherwise required under | 27996 |
| division (D)(2) of this section. | 27997 |
| (2) Improvements with respect to a parcel may be exempted | 27998 |
| from taxation under division (B) of this section, and improvements | 27999 |
| to parcels within an incentive district may be exempted from | 28000 |
| taxation under division (C) of this section, for up to ten years | 28001 |
| or, with the approval under this paragraph of the board of | 28002 |
| education of the city, local, or exempted village school district | 28003 |
| within which the parcel or district is located, for up to thirty | 28004 |
| years. The percentage of the improvement exempted from taxation | 28005 |
| may, with such approval, exceed seventy-five per cent, but shall | 28006 |
| not exceed one hundred per cent. Not later than forty-five | 28007 |
| business days prior to adopting an ordinance under this section | 28008 |
| declaring improvements to be a public purpose that is subject to | 28009 |
| approval by a board of education under this division, the | 28010 |
| legislative authority shall deliver to the board of education a | 28011 |
| notice stating its intent to adopt an ordinance making that | 28012 |
| declaration. The notice regarding improvements with respect to a | 28013 |
| parcel under division (B) of this section shall identify the | 28014 |
| parcels for which improvements are to be exempted from taxation, | 28015 |
| provide an estimate of the true value in money of the | 28016 |
| improvements, specify the period for which the improvements would | 28017 |
| be exempted from taxation and the percentage of the improvement | 28018 |
| that would be exempted, and indicate the date on which the | 28019 |
| legislative authority intends to adopt the ordinance. The notice | 28020 |
| regarding improvements to parcels within an incentive district | 28021 |
| under division (C) of this section shall delineate the boundaries | 28022 |
| of the district, specifically identify each parcel within the | 28023 |
| district, identify each anticipated improvement in the district, | 28024 |
| provide an estimate of the true value in money of each such | 28025 |
| improvement, specify the life of the district and the percentage | 28026 |
| of improvements that would be exempted, and indicate the date on | 28027 |
| which the legislative authority intends to adopt the ordinance. | 28028 |
| The board of education, by resolution adopted by a majority of the | 28029 |
| board, may approve the exemption for the period or for the | 28030 |
|
exemption percentage specified
in the
notice | 28031 |
| exemption for the number of years in excess of ten, may disapprove | 28032 |
| the exemption for the percentage of the improvement to be exempted | 28033 |
|
in excess of
seventy-five per
cent, or both | 28034 |
| exemption on the condition that the legislative authority and the | 28035 |
| board negotiate an agreement providing for compensation to the | 28036 |
| school district equal in value to a percentage of the amount of | 28037 |
| taxes exempted in the eleventh and subsequent years of the | 28038 |
| exemption period or, in the case of exemption percentages in | 28039 |
| excess of seventy-five per cent, compensation equal in value to a | 28040 |
| percentage of the taxes that would be payable on the portion of | 28041 |
| the improvement in excess of seventy-five per cent were that | 28042 |
| portion to be subject to taxation, or other mutually agreeable | 28043 |
| compensation. | 28044 |
| (3) The board of education shall certify its resolution to | 28045 |
| the legislative authority not later than fourteen days prior to | 28046 |
| the date the legislative authority intends to adopt the ordinance | 28047 |
| as indicated in the notice. If the board of education and the | 28048 |
| legislative authority negotiate a mutually acceptable compensation | 28049 |
| agreement, the ordinance may declare the improvements a public | 28050 |
| purpose for the number of years specified in the ordinance or, in | 28051 |
| the case of exemption percentages in excess of seventy-five per | 28052 |
| cent, for the exemption percentage specified in the ordinance. In | 28053 |
| either case, if the board and the legislative authority fail to | 28054 |
| negotiate a mutually acceptable compensation agreement, the | 28055 |
| ordinance may declare the improvements a public purpose for not | 28056 |
| more than ten years, | 28057 |
| seventy-five per cent of the improvements from taxation. If the | 28058 |
| board fails to certify a resolution to the legislative authority | 28059 |
| within the time prescribed by this division, the legislative | 28060 |
| authority thereupon may adopt the ordinance and may declare the | 28061 |
| improvements a public purpose for up to thirty years, or, in the | 28062 |
| case of exemption percentages proposed in excess of seventy-five | 28063 |
| per cent, for the exemption percentage specified in the ordinance. | 28064 |
| The legislative authority may adopt the ordinance at any time | 28065 |
| after the board of education certifies its resolution approving | 28066 |
| the exemption to the legislative authority, or, if the board | 28067 |
| approves the exemption on the condition that a mutually acceptable | 28068 |
| compensation agreement be negotiated, at any time after the | 28069 |
| compensation agreement is agreed to by the board and the | 28070 |
| legislative authority. | 28071 |
| | 28072 |
| waiving its right to approve exemptions from taxation under this | 28073 |
| section and the resolution remains in effect, approval of | 28074 |
| exemptions by the
board is not
required under | 28075 |
| this section. If a board of education has adopted a resolution | 28076 |
| allowing a legislative authority to deliver the notice required | 28077 |
| under division
(D) | 28078 |
| business days prior to the legislative authority's adoption of the | 28079 |
| ordinance, the legislative authority shall deliver the notice to | 28080 |
| the board not later than the number of days prior to such adoption | 28081 |
| as prescribed by the board in its resolution. If a board of | 28082 |
| education adopts a resolution waiving its right to approve | 28083 |
| agreements or shortening the notification period, the board shall | 28084 |
| certify a copy of the resolution to the legislative authority. If | 28085 |
| the board of education rescinds such a resolution, it shall | 28086 |
| certify notice of the rescission to the legislative authority. | 28087 |
| | 28088 |
|
division
(D) | 28089 |
| of education of the legislative authority's intent to declare | 28090 |
| improvements to be a public purpose, the legislative authority | 28091 |
| shall comply with the notice requirements imposed under section | 28092 |
| 5709.83 of the Revised Code, unless the board has adopted a | 28093 |
| resolution under that section waiving its right to receive such a | 28094 |
| notice. | 28095 |
| (E)(1) If a proposed ordinance under division (C)(1) of this | 28096 |
| section exempts improvements with respect to a parcel within an | 28097 |
| incentive district for more than ten years, or the percentage of | 28098 |
| the improvement exempted from taxation exceeds seventy-five per | 28099 |
| cent, not later than forty-five business days prior to adopting | 28100 |
| the ordinance the legislative authority of the municipal | 28101 |
| corporation shall deliver to the board of county commissioners of | 28102 |
| the county within which the incentive district | 28103 |
| located a notice that states its intent to adopt an ordinance | 28104 |
| creating an incentive district. The notice shall include a copy of | 28105 |
| the proposed ordinance, identify the parcels for which | 28106 |
| improvements are to be exempted from taxation, provide an estimate | 28107 |
| of the true value in money of the improvements, specify the period | 28108 |
| of time for which the improvements would be exempted from | 28109 |
| taxation, specify the percentage of the improvements that would be | 28110 |
| exempted from taxation, and indicate the date on which the | 28111 |
| legislative authority intends to adopt the ordinance. | 28112 |
| (2) The board of county commissioners, by resolution adopted | 28113 |
| by a majority of the board, may object to the exemption for the | 28114 |
| number of years in excess of ten, may object to the exemption for | 28115 |
| the percentage of the improvement to be exempted in excess of | 28116 |
| seventy-five per cent, or both | 28117 |
| 28118 | |
| board may negotiate | 28119 |
| agreement with the legislative authority | 28120 |
| shall the compensation provided to the board exceed the property | 28121 |
| taxes foregone due to the exemption. If the board of county | 28122 |
| commissioners objects, and the board and legislative authority | 28123 |
| fail to negotiate a mutually acceptable compensation agreement, | 28124 |
| the ordinance adopted under division (C)(1) of this section shall | 28125 |
| provide to the board compensation in the eleventh and subsequent | 28126 |
| years of the exemption period | 28127 |
| more than fifty per cent of the taxes that would be payable to the | 28128 |
| county or, if the board's objection includes an objection to an | 28129 |
| exemption percentage in excess of seventy-five per cent, | 28130 |
| compensation equal in value to not more than fifty per cent of the | 28131 |
| taxes that would be payable to the county, on the portion of the | 28132 |
| improvement in excess of seventy-five per cent, were that portion | 28133 |
| to be subject to taxation. The board of county commissioners shall | 28134 |
| certify its resolution to the legislative authority not later than | 28135 |
| thirty days after receipt of the notice. | 28136 |
| (3) If the board of county commissioners does not object or | 28137 |
| fails to certify its resolution objecting to an exemption within | 28138 |
| thirty days after receipt of the notice, the legislative authority | 28139 |
| may adopt the ordinance, and no compensation shall be provided to | 28140 |
| the board of county commissioners. If the board timely certifies | 28141 |
| its resolution objecting to the ordinance, the legislative | 28142 |
| authority may adopt the ordinance at any time after | 28143 |
| acceptable compensation agreement is agreed to by the board and | 28144 |
| the legislative authority, or, if no compensation agreement is | 28145 |
| negotiated, at any time after the legislative authority agrees in | 28146 |
| the proposed ordinance to provide compensation to the board of | 28147 |
| fifty per cent of the taxes that would be payable to the county in | 28148 |
| the eleventh and subsequent years of the exemption period or on | 28149 |
| the portion of the improvement in excess of seventy-five per cent, | 28150 |
| were that portion to be subject to taxation. | 28151 |
| (F) | 28152 |
| Service payments in lieu of taxes that are attributable to any | 28153 |
| amount by which the effective tax rate of either a renewal levy | 28154 |
| with an increase or a replacement levy exceeds the effective tax | 28155 |
| rate of the levy renewed or replaced, or that are attributable to | 28156 |
| an additional levy, for a levy authorized by the voters for any of | 28157 |
| the following purposes on or after January 1, 2006, and | 28158 |
| 28159 | |
| incentive district under division (C)(1) of this section that is | 28160 |
| adopted on or after January 1, 2006, | 28161 |
| 28162 | |
| 28163 | |
| required under division (C) of section 5709.42 of the Revised Code | 28164 |
| in an amount equal to the amount of taxes from that additional | 28165 |
| levy or from the increase in the effective tax rate of such | 28166 |
| renewal or replacement levy that would have been payable to that | 28167 |
| taxing authority from the following levies were it not for the | 28168 |
| exemption authorized under division (C) of this section | 28169 |
| 28170 | |
| 28171 |
| (1) A tax levied under division (L) of section 5705.19 or | 28172 |
| section 5705.191 of the Revised Code for community mental | 28173 |
| retardation and developmental disabilities programs and services | 28174 |
| pursuant to Chapter 5126. of the Revised Code; | 28175 |
| (2) A tax levied under division (Y) of section 5705.19 of the | 28176 |
| Revised Code for providing or maintaining senior citizens services | 28177 |
| or facilities; | 28178 |
| (3) A tax levied under section 5705.22 of the Revised Code | 28179 |
| for county hospitals; | 28180 |
| (4) A tax levied by a joint-county district or by a county | 28181 |
| under section 5705.19, 5705.191, or 5705.221 of the Revised Code | 28182 |
| for alcohol, drug addiction, and mental health services or | 28183 |
| facilities; | 28184 |
| (5) A tax levied under section 5705.23 of the Revised Code | 28185 |
| for library purposes; | 28186 |
| (6) A tax levied under section 5705.24 of the Revised Code | 28187 |
| for the support of children services and the placement and care of | 28188 |
| children; | 28189 |
| (7) A tax levied under division (Z) of section 5705.19 of the | 28190 |
| Revised Code for the provision and maintenance of zoological park | 28191 |
| services and facilities under section 307.76 of the Revised Code; | 28192 |
| (8) A tax levied under section 511.27 or division (H) of | 28193 |
| section 5705.19 of the Revised Code for the support of township | 28194 |
| park districts; | 28195 |
| (9) A tax levied under division (A), (F), or (H) of section | 28196 |
| 5705.19 of the Revised Code for parks and recreational purposes of | 28197 |
| a joint recreation district organized pursuant to division (B) of | 28198 |
| section 755.14 of the Revised Code; | 28199 |
| (10) A tax levied under section 1545.20 or 1545.21 of the | 28200 |
| Revised Code for park district purposes; | 28201 |
| (11) A tax levied under section 5705.191 of the Revised Code | 28202 |
| for the purpose of making appropriations for public assistance; | 28203 |
| human or social services; public relief; public welfare; public | 28204 |
| health and hospitalization; and support of general hospitals; | 28205 |
| (12) A tax levied under section 3709.29 of the Revised Code | 28206 |
| for a general health district program. | 28207 |
| (G) An exemption from taxation granted under this section | 28208 |
| commences with the tax year specified in the ordinance so long as | 28209 |
| the year specified in the ordinance commences after the effective | 28210 |
| date of the ordinance. If the ordinance specifies a year | 28211 |
| commencing before the effective date of the resolution or | 28212 |
| specifies no year whatsoever, the exemption commences with the tax | 28213 |
| year in which an exempted improvement first appears on the tax | 28214 |
| list and duplicate of real and public utility property and that | 28215 |
| commences after the effective date of the ordinance. Except as | 28216 |
| otherwise provided in this division, the exemption ends on the | 28217 |
| date specified in the ordinance as the date the improvement ceases | 28218 |
| to be a public purpose or the incentive district expires, or ends | 28219 |
| on the date on which the public infrastructure improvements and | 28220 |
| housing renovations are paid in full from the municipal public | 28221 |
| improvement tax increment equivalent fund established under | 28222 |
| division (A) of section 5709.43 of the Revised Code, whichever | 28223 |
| occurs first. The exemption of an improvement with respect to a | 28224 |
| parcel or within an incentive district may end on a later date, as | 28225 |
| specified in the ordinance, if the legislative authority and the | 28226 |
| board of education of the city, local, or exempted village school | 28227 |
| district within which the parcel or district is located have | 28228 |
| entered into a compensation agreement under section 5709.82 of the | 28229 |
| Revised Code
with respect to the
improvement
| 28230 |
| board of education has approved the term of the exemption under | 28231 |
| division (D)(2) of this section, but in no case shall the | 28232 |
| improvement be exempted from taxation for more than thirty years. | 28233 |
| Exemptions shall be claimed and allowed in the same manner as in | 28234 |
| the case of other real property exemptions. If an exemption status | 28235 |
| changes during a year, the procedure for the apportionment of the | 28236 |
| taxes for that year is the same as in the case of other changes in | 28237 |
| tax exemption status during the year. | 28238 |
| (H) Additional municipal financing of public infrastructure | 28239 |
| improvements and housing renovations may be provided by any | 28240 |
| methods that the municipal corporation may otherwise use for | 28241 |
| financing such improvements or renovations. If the municipal | 28242 |
| corporation issues bonds or notes to finance the public | 28243 |
| infrastructure improvements and housing renovations and pledges | 28244 |
| money from the municipal public improvement tax increment | 28245 |
| equivalent fund to pay the interest on and principal of the bonds | 28246 |
| or notes, the bonds or notes are not subject to Chapter 133. of | 28247 |
| the Revised Code. | 28248 |
| (I) The municipal corporation, not later than fifteen days | 28249 |
| after the adoption of an ordinance under this section, shall | 28250 |
| submit to the director of development a copy of the ordinance. On | 28251 |
| or before the thirty-first day of March of each year, the | 28252 |
| municipal corporation shall submit a status report to the director | 28253 |
| of development. The report shall indicate, in the manner | 28254 |
| prescribed by the director, the progress of the project during | 28255 |
| each year that an exemption remains in effect, including a summary | 28256 |
| of the receipts from service payments in lieu of taxes; | 28257 |
| expenditures of money from the funds created under section 5709.43 | 28258 |
| of the Revised Code; a description of the public infrastructure | 28259 |
| improvements and housing renovations financed with such | 28260 |
| expenditures; and a quantitative summary of changes in employment | 28261 |
| and private investment resulting from each project. | 28262 |
| (J) Nothing in this section shall be construed to prohibit a | 28263 |
| legislative authority from declaring to be a public purpose | 28264 |
| improvements with respect to more than one parcel. | 28265 |
| Sec. 5709.42. (A) A municipal corporation that has declared | 28266 |
| an improvement to be a public purpose under section 5709.40 or | 28267 |
| 5709.41 of the Revised Code may require the owner of any structure | 28268 |
| located on the parcel to make annual service payments in lieu of | 28269 |
| taxes to the county treasurer on or before the final dates for | 28270 |
| payment of real property taxes. Each such payment shall be charged | 28271 |
| and collected in the same manner and in the same amount as the | 28272 |
| real property taxes that would have been charged and payable | 28273 |
| against the improvement if it were not exempt from taxation. If | 28274 |
| any reduction in the levies otherwise applicable to such exempt | 28275 |
| property is made by the county budget commission under section | 28276 |
| 5705.31 of the Revised Code, the amount of the service payment in | 28277 |
| lieu of taxes shall be calculated as if such reduction in levies | 28278 |
| had not been made. | 28279 |
| (B) Moneys collected as service payments in lieu of taxes | 28280 |
| shall be distributed at the same time and in the same manner as | 28281 |
| real property tax payments. However, subject to division (C) of | 28282 |
| this section or section 5709.913 of the Revised Code, the entire | 28283 |
| amount so collected shall be distributed to the municipal | 28284 |
| corporation in which the improvement is located. If an ordinance | 28285 |
| adopted under section 5709.40 or 5709.41 of the Revised Code | 28286 |
| specifies that service payments shall be paid to the city, local, | 28287 |
| or exempted village school district in which the improvements are | 28288 |
| located, the county treasurer shall distribute the portion of the | 28289 |
| service payments to that school district in an amount equal to the | 28290 |
| property tax payments the school district would have received from | 28291 |
| the portion of the improvements exempted from taxation had the | 28292 |
| improvements not been exempted, as directed in the ordinance. The | 28293 |
| treasurer shall maintain a record of the service payments in lieu | 28294 |
| of taxes made from property in each municipal corporation. | 28295 |
| (C) If annual service payments in lieu of taxes are required | 28296 |
| under this section, the county treasurer shall distribute to the | 28297 |
| appropriate taxing authorities the portion of the service payments | 28298 |
| that represents payments required under division (F) of section | 28299 |
| 5709.40 of the Revised Code. | 28300 |
| (D) Nothing in this section or section 5709.40 or 5709.41 of | 28301 |
| the Revised Code affects the taxes levied against that portion of | 28302 |
| the value of any parcel of property that is not exempt from | 28303 |
| taxation. | 28304 |
| Sec. 5709.43. (A) A municipal corporation that grants a tax | 28305 |
| exemption under section 5709.40 of the Revised Code shall | 28306 |
| establish a municipal public improvement tax increment equivalent | 28307 |
| fund into which shall be deposited service payments in lieu of | 28308 |
| taxes distributed to the municipal corporation under section | 28309 |
| 5709.42 of the Revised Code. If the legislative authority of the | 28310 |
| municipal corporation has adopted an ordinance under division (C) | 28311 |
| of section 5709.40 of the Revised Code, the municipal corporation | 28312 |
| shall establish at least one account in that fund with respect to | 28313 |
| ordinances adopted under division (B) of that section, and one | 28314 |
| account with respect to each incentive district created in an | 28315 |
| ordinance adopted under division (C) of that section. If an | 28316 |
| ordinance adopted under division (C) of section 5709.40 of the | 28317 |
| Revised Code also authorizes the use of service payments for | 28318 |
| housing renovations within the district, the municipal corporation | 28319 |
| shall establish separate accounts for the service payments | 28320 |
| designated for public infrastructure improvements and for the | 28321 |
| service payments authorized for the purpose of housing | 28322 |
| renovations. Money in an account of the municipal public | 28323 |
| improvement tax increment equivalent fund shall be used to finance | 28324 |
| the public infrastructure improvements designated in, or the | 28325 |
| housing renovations authorized by, the ordinance with respect to | 28326 |
| which the account is established; in the case of an account | 28327 |
| established with respect to an ordinance adopted under division | 28328 |
| (C) of that section, money in the account shall be used to finance | 28329 |
| the public infrastructure improvements designated, or the housing | 28330 |
| renovations authorized, for each incentive district created in the | 28331 |
| ordinance. Money in an account shall not be used to finance or | 28332 |
| support housing renovations that take place after the incentive | 28333 |
| district has expired. The municipal corporation also may deposit | 28334 |
| into any of those accounts municipal income tax revenue that has | 28335 |
| been designated by ordinance to finance the public infrastructure | 28336 |
| improvements and housing renovations. | 28337 |
| (B) A municipal corporation may establish an urban | 28338 |
| redevelopment tax increment equivalent fund, by resolution or | 28339 |
| ordinance of its legislative authority, into which shall be | 28340 |
| deposited service payments in lieu of taxes distributed to the | 28341 |
| municipal corporation by the county treasurer as provided in | 28342 |
| section 5709.42 of the Revised Code for improvements exempt from | 28343 |
| taxation pursuant to an ordinance adopted under section 5709.41 of | 28344 |
| the Revised Code. Moneys deposited in the urban redevelopment tax | 28345 |
| increment equivalent fund shall be used for such purposes as are | 28346 |
| authorized in the resolution or ordinance establishing the fund. | 28347 |
| The municipal corporation also may deposit into the urban | 28348 |
| redevelopment tax increment equivalent fund municipal income tax | 28349 |
| revenue that has been dedicated to fund any of the purposes for | 28350 |
| which the fund is established. | 28351 |
| (C)(1)(a) A municipal corporation | 28352 |
| in the municipal public improvement tax increment equivalent fund | 28353 |
| or the urban redevelopment tax increment equivalent fund to any | 28354 |
| school district in which the exempt property is located, in an | 28355 |
| amount not to exceed the amount of real property taxes that such | 28356 |
| school district would have received from the improvement if it | 28357 |
| were not exempt from taxation, or use money in either or both | 28358 |
| funds to finance specific public improvements benefiting the | 28359 |
| school district. The resolution or ordinance establishing the fund | 28360 |
| shall set forth the percentage of such maximum amount that will be | 28361 |
| distributed to any affected school district or used to finance | 28362 |
| specific public improvements benefiting the school district. | 28363 |
| (b) A municipal corporation also may distribute money in the | 28364 |
| municipal public improvement tax increment equivalent fund or the | 28365 |
| urban redevelopment tax increment equivalent fund as follows: | 28366 |
| (i) To a board of county commissioners, in the amount that is | 28367 |
| owed to the board pursuant to division (E) of section 5709.40 of | 28368 |
| the Revised Code; | 28369 |
| (ii) To a county in accordance with section 5709.913 of the | 28370 |
| Revised Code. | 28371 |
| (2) Money from an account in a municipal public improvement | 28372 |
| tax increment equivalent fund or from an urban redevelopment tax | 28373 |
| increment equivalent fund may be distributed under division | 28374 |
| (C)(1)(b) of this section, regardless of the date a resolution or | 28375 |
| an ordinance was adopted under section 5709.40 or 5709.41 of the | 28376 |
| Revised Code that prompted the establishment of the account or the | 28377 |
| establishment of the urban redevelopment tax increment equivalent | 28378 |
| fund, even if the resolution or ordinance was adopted prior to the | 28379 |
| effective date of this amendment. | 28380 |
| (D) Any incidental surplus remaining in the municipal public | 28381 |
| improvement tax increment equivalent fund or an account of that | 28382 |
| fund, or in the urban redevelopment tax increment equivalent fund, | 28383 |
| upon dissolution of the account or fund shall be transferred to | 28384 |
| the general fund of the municipal corporation. | 28385 |
| Sec. 5709.73. (A) As used in this section and section | 28386 |
| 5709.74 of the Revised Code: | 28387 |
| (1) "Business day" means a day of the week excluding | 28388 |
| Saturday, Sunday, and a legal holiday as defined in section 1.14 | 28389 |
| of the Revised Code. | 28390 |
| (2) "Further improvements" or "improvements" means the | 28391 |
| increase in the assessed value of real property that would first | 28392 |
| appear on the tax list and duplicate of real and public utility | 28393 |
| property after the effective date of a resolution adopted under | 28394 |
| this section were it not for the exemption granted by that | 28395 |
| resolution. For purposes of division (B) of this section, | 28396 |
| "improvements" do not include any property used or to be used for | 28397 |
| residential purposes. | 28398 |
| (3) "Housing renovation" means a project carried out for | 28399 |
| residential purposes. | 28400 |
| (4) "Incentive district" has the same meaning as in section | 28401 |
| 5709.40 of the Revised Code, except that a blighted area is in the | 28402 |
| unincorporated area of a township. | 28403 |
| (5) "Project" and "public infrastructure improvement" have | 28404 |
| the same meanings as in section 5709.40 of the Revised Code. | 28405 |
| (B) A board of township trustees may, by unanimous vote, | 28406 |
| adopt a resolution that declares to be a public purpose any public | 28407 |
| infrastructure improvements made that are necessary for the | 28408 |
| development of certain parcels of land located in the | 28409 |
|
unincorporated area of
the
township. Except | 28410 |
| 28411 | |
| board of education of each city, local, or exempted village school | 28412 |
| district within which the improvements are located, the resolution | 28413 |
| may exempt from real property taxation not more than seventy-five | 28414 |
| per cent of further improvements to a parcel of land that directly | 28415 |
| benefits from the public infrastructure improvements, for a period | 28416 |
| of not more than ten years. The resolution shall specify the | 28417 |
| percentage of the further improvements to be exempted and the life | 28418 |
| of the exemption. | 28419 |
| (C)(1) A board of township trustees may adopt, by unanimous | 28420 |
| vote, a resolution creating an incentive district and declaring | 28421 |
| improvements to parcels within the district to be a public purpose | 28422 |
| and, except as provided in division (F) of this section, exempt | 28423 |
| from taxation as provided in this section, but no board of | 28424 |
| township trustees of a township that has a population that exceeds | 28425 |
| twenty-five thousand, as shown by the most recent federal | 28426 |
| decennial census, shall adopt a resolution that creates an | 28427 |
| incentive district if | 28428 |
| 28429 | |
| proposed district for the preceding tax year and the taxable value | 28430 |
| of all real property in the township that would have been taxable | 28431 |
| in the preceding year were it not for the fact that the property | 28432 |
| was in an existing incentive district and therefore exempt from | 28433 |
| taxation exceeds twenty-five per cent of the | 28434 |
| 28435 | |
| 28436 | |
| 28437 | |
| 28438 | |
| 28439 | |
| 28440 | |
| real property in the township for the preceding tax year. The | 28441 |
| district shall be located within the unincorporated area of the | 28442 |
| township and shall not include any territory that is included | 28443 |
| within a district created under division (B) of section 5709.78 of | 28444 |
| the Revised Code. The resolution shall delineate the boundary of | 28445 |
| the district and specifically identify each parcel within the | 28446 |
| district. A district may not include any parcel that is or has | 28447 |
| been exempted from taxation under division (B) of this section or | 28448 |
| that is or has been within another district created under this | 28449 |
| division. A resolution may create more than one district, and more | 28450 |
| than one resolution may be adopted under division (C)(1) of this | 28451 |
| section. | 28452 |
| (2) Not later than thirty days prior to adopting a resolution | 28453 |
| under division (C)(1) of this section, if the township intends to | 28454 |
| apply for exemptions from taxation under section 5709.911 of the | 28455 |
| Revised Code on behalf of owners of real property located within | 28456 |
| the proposed incentive district, the board shall conduct a public | 28457 |
| hearing on the proposed resolution. Not later than thirty days | 28458 |
| prior to the public hearing, the board shall give notice of the | 28459 |
| public hearing and the proposed resolution by first class mail to | 28460 |
| every real property owner whose property is located within the | 28461 |
| boundaries of the proposed incentive district that is the subject | 28462 |
| of the proposed resolution. | 28463 |
| (3)(a) A resolution adopted under division (C)(1) of this | 28464 |
| section shall specify the life of the incentive district and the | 28465 |
| percentage of the improvements to be exempted, shall designate the | 28466 |
| public infrastructure improvements made, to be made, or in the | 28467 |
| process of being made, that benefit or serve, or, once made, will | 28468 |
| benefit or serve parcels in the district. The resolution also | 28469 |
| shall identify one or more specific projects being, or to be, | 28470 |
| undertaken in the district that place additional demand on the | 28471 |
| public infrastructure improvements designated in the resolution. | 28472 |
| The project identified may, but need not be, the project under | 28473 |
| division (C)(3)(b) of this section that places real property in | 28474 |
| use for commercial or industrial purposes. | 28475 |
| A resolution adopted under division (C)(1) of this section on | 28476 |
| or after the effective date of this amendment shall not designate | 28477 |
| police or fire equipment as public infrastructure improvements, | 28478 |
| and no service payment provided for in section 5709.74 of the | 28479 |
| Revised Code and received by the township under the resolution | 28480 |
| shall be used for police or fire equipment. | 28481 |
| (b) A resolution adopted under division (C)(1) of this | 28482 |
| section may authorize the use of service payments provided for in | 28483 |
| section 5709.74 of the Revised Code for the purpose of housing | 28484 |
| renovations within the incentive district, provided that the | 28485 |
| resolution also designates public infrastructure improvements that | 28486 |
| benefit or serve the district, and that a project within the | 28487 |
| district places real property in use for commercial or industrial | 28488 |
| purposes. Service payments may be used to finance or support | 28489 |
| loans, deferred loans, and grants to persons for the purpose of | 28490 |
| housing renovations within the district. The resolution shall | 28491 |
| designate the parcels within the district that are eligible for | 28492 |
| housing renovations. The resolution shall state separately the | 28493 |
| amount or the percentages of the expected aggregate service | 28494 |
| payments that are designated for each public infrastructure | 28495 |
| improvement and for the purpose of housing renovations. | 28496 |
| (4) Except with the approval of the board of education of | 28497 |
| each city, local, or exempted village school district within the | 28498 |
| territory of which the incentive district is or will be located, | 28499 |
| and subject to division (E) of this section, the life of an | 28500 |
| incentive district shall not exceed ten years, and the percentage | 28501 |
| of improvements to be exempted shall not exceed seventy-five per | 28502 |
| cent. With approval of the board of education, the life of a | 28503 |
| district may be not more than thirty years, and the percentage of | 28504 |
| improvements to be exempted may be not more than one hundred per | 28505 |
| cent. The approval | 28506 |
| | 28507 |
|
manner provided in division (D) of this section f | 28508 |
| 28509 | |
| 28510 | |
| 28511 | |
| 28512 | |
| 28513 | |
| 28514 | |
| 28515 | |
| 28516 |
| (D) Improvements with respect to a parcel may be exempted | 28517 |
| from taxation under division (B) of this section, and improvements | 28518 |
| to parcels within an incentive district may be exempted from | 28519 |
| taxation under division (C) of this section, for up to ten years | 28520 |
| or, with the approval of the board of education of the city, | 28521 |
| local, or exempted village school district within which the parcel | 28522 |
| or district is located, for up to thirty years. The percentage of | 28523 |
| the improvements exempted from taxation may, with such approval, | 28524 |
| exceed seventy-five per cent, but shall not exceed one hundred per | 28525 |
| cent. Not later than forty-five business days prior to adopting a | 28526 |
| resolution under this section declaring improvements to be a | 28527 |
| public purpose that is subject to approval by a board of education | 28528 |
| under this division, the board of township trustees shall deliver | 28529 |
| to the board of education a notice stating its intent to adopt a | 28530 |
| resolution making that declaration. The notice regarding | 28531 |
| improvements with respect to a parcel under division (B) of this | 28532 |
| section shall identify the parcels for which improvements are to | 28533 |
| be exempted from taxation, provide an estimate of the true value | 28534 |
| in money of the improvements, specify the period for which the | 28535 |
| improvements would be exempted from taxation and the percentage of | 28536 |
| the improvements that would be exempted, and indicate the date on | 28537 |
| which the board of township trustees intends to adopt the | 28538 |
| resolution. The notice regarding improvements made under division | 28539 |
| (C) of this section to parcels within an incentive district shall | 28540 |
| delineate the boundaries of the district, specifically identify | 28541 |
| each parcel within the district, identify each anticipated | 28542 |
| improvement in the district, provide an estimate of the true value | 28543 |
| in money of each such improvement, specify the life of the | 28544 |
| district and the percentage of improvements that would be | 28545 |
| exempted, and indicate the date on which the board of township | 28546 |
| trustees intends to adopt the resolution. The board of education, | 28547 |
| by resolution adopted by a majority of the board, may approve the | 28548 |
| exemption for the period or for the exemption percentage specified | 28549 |
|
in the notice | 28550 |
| years in excess of ten, may disapprove the exemption for the | 28551 |
| percentage of the improvements to be exempted in excess of | 28552 |
|
seventy-five per cent,
or both | 28553 |
| the condition that the board of township trustees and the board of | 28554 |
| education negotiate an agreement providing for compensation to the | 28555 |
| school district equal in value to a percentage of the amount of | 28556 |
| taxes exempted in the eleventh and subsequent years of the | 28557 |
| exemption period or, in the case of exemption percentages in | 28558 |
| excess of seventy-five per cent, compensation equal in value to a | 28559 |
| percentage of the taxes that would be payable on the portion of | 28560 |
| the improvements in excess of seventy-five per cent were that | 28561 |
| portion to be subject to taxation, or other mutually agreeable | 28562 |
| compensation. | 28563 |
| The board of education shall certify its resolution to the | 28564 |
| board of township trustees not later than fourteen days prior to | 28565 |
| the date the board of township trustees intends to adopt the | 28566 |
| resolution as indicated in the notice. If the board of education | 28567 |
| and the board of township trustees negotiate a mutually acceptable | 28568 |
| compensation agreement, the resolution may declare the | 28569 |
| improvements a public purpose for the number of years specified in | 28570 |
| the resolution or, in the case of exemption percentages in excess | 28571 |
| of seventy-five per cent, for the exemption percentage specified | 28572 |
| in the resolution. In either case, if the board of education and | 28573 |
| the board of township trustees fail to negotiate a mutually | 28574 |
| acceptable compensation agreement, the resolution may declare the | 28575 |
|
improvements a public purpose for not
more than ten years, | 28576 |
| shall not exempt more than seventy-five per cent of the | 28577 |
| improvements from taxation. If the board of education fails to | 28578 |
| certify a resolution to the board of township trustees within the | 28579 |
| time prescribed by this section, the board of township trustees | 28580 |
| thereupon may adopt the resolution and may declare the | 28581 |
| improvements a public purpose for up to thirty years or, in the | 28582 |
| case of exemption percentages proposed in excess of seventy-five | 28583 |
| per cent, for the exemption percentage specified in the | 28584 |
| resolution. The board of township trustees may adopt the | 28585 |
| resolution at any time after the board of education certifies its | 28586 |
| resolution approving the exemption to the board of township | 28587 |
| trustees, or, if the board of education approves the exemption on | 28588 |
| the condition that a mutually acceptable compensation agreement be | 28589 |
| negotiated, at any time after the compensation agreement is agreed | 28590 |
| to by the board of education and the board of township trustees. | 28591 |
| If a board of education has adopted a resolution waiving its | 28592 |
| right to approve exemptions from taxation under this section and | 28593 |
| the resolution remains in effect, approval of such exemptions by | 28594 |
| the board of
education is not required under
| 28595 |
| this section. If a board of education has adopted a resolution | 28596 |
| allowing a board of township trustees to deliver the notice | 28597 |
|
required under
| 28598 |
| forty-five business days prior to adoption of the resolution by | 28599 |
| the board of township trustees, the board of township trustees | 28600 |
| shall deliver the notice to the board of education not later than | 28601 |
| the number of days prior to the adoption as prescribed by the | 28602 |
| board of education in its resolution. If a board of education | 28603 |
| adopts a resolution waiving its right to approve exemptions or | 28604 |
| shortening the notification period, the board of education shall | 28605 |
| certify a copy of the resolution to the board of township | 28606 |
| trustees. If the board of education rescinds the resolution, it | 28607 |
| shall certify notice of the rescission to the board of township | 28608 |
| trustees. | 28609 |
| If the board of township trustees is not required by
| 28610 |
| division (D) of this section to notify the board of education of | 28611 |
| the board of township trustees' intent to declare improvements to | 28612 |
| be a public purpose, the board of township trustees shall comply | 28613 |
| with the notice requirements imposed under section 5709.83 of the | 28614 |
| Revised Code before taking formal action to adopt the resolution | 28615 |
| making that declaration, unless the board of education has adopted | 28616 |
| a resolution under that section waiving its right to receive the | 28617 |
| notice. | 28618 |
| (E)(1) If a proposed resolution under division (C)(1) of this | 28619 |
| section exempts improvements with respect to a parcel within an | 28620 |
| incentive district for more than ten years, or the percentage of | 28621 |
| the improvement exempted from taxation exceeds seventy-five per | 28622 |
| cent, not later than forty-five business days prior to adopting | 28623 |
| the | 28624 |
| deliver to the board of county commissioners of the county within | 28625 |
| which the incentive district is or will be located a notice that | 28626 |
| states its intent to adopt a resolution creating an incentive | 28627 |
| district. The notice shall include a copy of the proposed | 28628 |
| resolution, identify the parcels for which improvements are to be | 28629 |
| exempted from taxation, provide an estimate of the true value in | 28630 |
| money of the improvements, specify the period of time for which | 28631 |
| the improvements would be exempted from taxation, specify the | 28632 |
| percentage of the improvements that would be exempted from | 28633 |
| taxation, and indicate the date on which the board of township | 28634 |
| trustees intends to adopt the resolution. | 28635 |
| (2) The board of county commissioners, by resolution adopted | 28636 |
| by a majority of the board, may object to the exemption for the | 28637 |
| number of years in excess of ten, may object to the exemption for | 28638 |
| the percentage of the improvement to be exempted in excess of | 28639 |
| seventy-five per cent, or both | 28640 |
| 28641 | |
| board may negotiate | 28642 |
| agreement with the board of township trustees | 28643 |
| case shall the compensation provided to the board of county | 28644 |
| commissioners exceed the property taxes foregone due to the | 28645 |
| exemption. If the board of county commissioners objects, and the | 28646 |
| board of county commissioners and board of township trustees fail | 28647 |
| to negotiate a mutually acceptable compensation agreement, the | 28648 |
| resolution adopted under division (C)(1) of this section shall | 28649 |
| provide to the board of county commissioners compensation in the | 28650 |
| eleventh and subsequent years of the exemption period | 28651 |
| equal in value to not more than fifty per cent of the taxes that | 28652 |
| would be payable to the county or, if the board of county | 28653 |
| commissioner's objection includes an objection to an exemption | 28654 |
| percentage in excess of seventy-five per cent, compensation equal | 28655 |
| in value to not more than fifty per cent of the taxes that would | 28656 |
| be payable to the county, on the portion of the improvement in | 28657 |
| excess of seventy-five per cent, were that portion to be subject | 28658 |
| to taxation. The board of county commissioners shall certify its | 28659 |
| resolution to the board of township trustees not later than thirty | 28660 |
| days after receipt of the notice. | 28661 |
| (3) If the board of county commissioners does not object or | 28662 |
| fails to certify its resolution objecting to an exemption within | 28663 |
| thirty days after receipt of the notice, the board of township | 28664 |
| trustees may adopt its resolution, and no compensation shall be | 28665 |
| provided to the board of county commissioners. If the board of | 28666 |
| county commissioners timely certifies its resolution objecting to | 28667 |
| the trustees' resolution, the board of township trustees may adopt | 28668 |
| its resolution at any time after | 28669 |
| compensation agreement is agreed to by the board of county | 28670 |
| commissioners and the board of township trustees, or, if no | 28671 |
| compensation agreement is negotiated, at any time after the board | 28672 |
| of township trustees agrees in the proposed resolution to provide | 28673 |
| compensation to the board of county commissioners of fifty per | 28674 |
| cent of the taxes that would be payable to the county in the | 28675 |
| eleventh and subsequent years of the exemption period or on the | 28676 |
| portion of the improvement in excess of seventy-five per cent, | 28677 |
| were that portion to be subject to taxation. | 28678 |
| (F) | 28679 |
| Service payments in lieu of taxes that are attributable to any | 28680 |
| amount by which the effective tax rate of either a renewal levy | 28681 |
| with an increase or a replacement levy exceeds the effective tax | 28682 |
| rate of the levy renewed or replaced, or that are attributable to | 28683 |
| an additional levy, for a levy authorized by the voters for any of | 28684 |
| the following purposes on or after January 1, 2006, and | 28685 |
| 28686 | |
| creating an incentive district under division (C)(1) of this | 28687 |
| section that is adopted on or after January 1, 2006, | 28688 |
| 28689 | |
| 28690 | |
| authority as required under division (C) of section 5709.74 of the | 28691 |
| Revised Code in an amount equal to the amount of taxes from that | 28692 |
| additional levy or from the increase in the effective tax rate of | 28693 |
| such renewal or replacement levy that would have been payable to | 28694 |
| that taxing authority from the following levies were it not for | 28695 |
| the exemption authorized under division (C) of this section | 28696 |
| 28697 | |
| 28698 |
| (1) A tax levied under division (L) of section 5705.19 or | 28699 |
| section 5705.191 of the Revised Code for community mental | 28700 |
| retardation and developmental disabilities programs and services | 28701 |
| pursuant to Chapter 5126. of the Revised Code; | 28702 |
| (2) A tax levied under division (Y) of section 5705.19 of the | 28703 |
| Revised Code for providing or maintaining senior citizens services | 28704 |
| or facilities; | 28705 |
| (3) A tax levied under section 5705.22 of the Revised Code | 28706 |
| for county hospitals; | 28707 |
| (4) A tax levied by a joint-county district or by a county | 28708 |
| under section 5705.19, 5705.191, or 5705.221 of the Revised Code | 28709 |
| for alcohol, drug addiction, and mental health services or | 28710 |
| families; | 28711 |
| (5) A tax levied under section 5705.23 of the Revised Code | 28712 |
| for library purposes; | 28713 |
| (6) A tax levied under section 5705.24 of the Revised Code | 28714 |
| for the support of children services and the placement and care of | 28715 |
| children; | 28716 |
| (7) A tax levied under division (Z) of section 5705.19 of the | 28717 |
| Revised Code for the provision and maintenance of zoological park | 28718 |
| services and facilities under section 307.76 of the Revised Code; | 28719 |
| (8) A tax levied under section 511.27 or division (H) of | 28720 |
| section 5705.19 of the Revised Code for the support of township | 28721 |
| park districts; | 28722 |
| (9) A tax levied under division (A), (F), or (H) of section | 28723 |
| 5705.19 of the Revised Code for parks and recreational purposes of | 28724 |
| a joint recreation district organized pursuant to division (B) of | 28725 |
| section 755.14 of the Revised Code; | 28726 |
| (10) A tax levied under section 1545.20 or 1545.21 of the | 28727 |
| Revised Code for park district purposes; | 28728 |
| (11) A tax levied under section 5705.191 of the Revised Code | 28729 |
| for the purpose of making appropriations for public assistance; | 28730 |
| human or social services; public relief; public welfare; public | 28731 |
| health and hospitalization; and support of general hospitals; | 28732 |
| (12) A tax levied under section 3709.29 of the Revised Code | 28733 |
| for a general health district program. | 28734 |
| (G) An exemption from taxation granted under this section | 28735 |
|
commences
with the tax year specified in the resolution | 28736 |
| 28737 | |
| after the effective date of the resolution. If the resolution | 28738 |
| specifies a year commencing before the effective date of the | 28739 |
| resolution or specifies no year whatsoever, the exemption | 28740 |
| commences with the tax year in which an exempted improvement first | 28741 |
| appears on the tax list and duplicate of real and public utility | 28742 |
| property and that commences after the effective date of the | 28743 |
| resolution. Except as otherwise provided in this division, the | 28744 |
| exemption ends on the date specified in the resolution as the date | 28745 |
| the improvement ceases to be a public purpose or the incentive | 28746 |
| district expires, or ends on the date on which the public | 28747 |
| infrastructure improvements and housing renovations are paid in | 28748 |
| full from the township public improvement tax increment equivalent | 28749 |
| fund established under section 5709.75 of the Revised Code, | 28750 |
| whichever occurs first. The exemption of an improvement with | 28751 |
| respect to a parcel or within an incentive district may end on a | 28752 |
| later date, as specified in the resolution, if the board of | 28753 |
| township trustees and the board of education of the city, local, | 28754 |
| or exempted village school district within which the parcel or | 28755 |
| district is located have entered into a compensation agreement | 28756 |
| under section 5709.82 of the Revised Code with respect to the | 28757 |
|
improvement
| 28758 |
| the term of the exemption under division (D) of this section, but | 28759 |
| in no case shall the improvement be exempted from taxation for | 28760 |
| more than thirty years. The board of township trustees may, by | 28761 |
| majority vote, adopt a resolution permitting the township to enter | 28762 |
| into such agreements as the board finds necessary or appropriate | 28763 |
| to provide for the construction or undertaking of public | 28764 |
| infrastructure improvements and housing renovations. Any exemption | 28765 |
| shall be claimed and allowed in the same or a similar manner as in | 28766 |
| the case of other real property exemptions. If an exemption status | 28767 |
| changes during a tax year, the procedure for the apportionment of | 28768 |
| the taxes for that year is the same as in the case of other | 28769 |
| changes in tax exemption status during the year. | 28770 |
| (H) The board of township trustees may issue the notes of the | 28771 |
| township to finance all costs pertaining to the construction or | 28772 |
| undertaking of public infrastructure improvements and housing | 28773 |
| renovations made pursuant to this section. The notes shall be | 28774 |
| signed by the board and attested by the signature of the township | 28775 |
| fiscal officer, shall bear interest not to exceed the rate | 28776 |
| provided in section 9.95 of the Revised Code, and are not subject | 28777 |
| to Chapter 133. of the Revised Code. The resolution authorizing | 28778 |
| the issuance of the notes shall pledge the funds of the township | 28779 |
| public improvement tax increment equivalent fund established | 28780 |
| pursuant to section 5709.75 of the Revised Code to pay the | 28781 |
| interest on and principal of the notes. The notes, which may | 28782 |
| contain a clause permitting prepayment at the option of the board, | 28783 |
| shall be offered for sale on the open market or given to the | 28784 |
| vendor or contractor if no sale is made. | 28785 |
| (I) The township, not later than fifteen days after the | 28786 |
| adoption of a resolution under this section, shall submit to the | 28787 |
| director of development a copy of the resolution. On or before the | 28788 |
| thirty-first day of March of each year, the township shall submit | 28789 |
| a status report to the director of development. The report shall | 28790 |
| indicate, in the manner prescribed by the director, the progress | 28791 |
| of the project during each year that the exemption remains in | 28792 |
| effect, including a summary of the receipts from service payments | 28793 |
| in lieu of taxes;
expenditures of money from
| 28794 |
| created under section 5709.75 of the Revised Code; a description | 28795 |
| of the public infrastructure improvements and housing renovations | 28796 |
| financed with the expenditures; and a quantitative summary of | 28797 |
| changes in private investment resulting from each project. | 28798 |
| (J) Nothing in this section shall be construed to prohibit a | 28799 |
| board of township trustees from declaring to be a public purpose | 28800 |
| improvements with respect to more than one parcel. | 28801 |
| (K) A board of township trustees that adopted a resolution | 28802 |
| under this section prior to July 21, 1994, may amend that | 28803 |
| resolution to include any additional public infrastructure | 28804 |
| improvement. A board of township trustees that seeks by the | 28805 |
| amendment to utilize money from its township public improvement | 28806 |
| tax increment equivalent fund for land acquisition in aid of | 28807 |
| industry, commerce, distribution, or research, demolition on | 28808 |
| private property, or stormwater and flood remediation projects may | 28809 |
| do so provided that the board currently is a party to a | 28810 |
| hold-harmless agreement with the board of education of the city, | 28811 |
| local, or exempted village school district within the territory of | 28812 |
| which are located the parcels that are subject to an exemption. | 28813 |
| For the purposes of this division, a "hold-harmless agreement" | 28814 |
| means an agreement under which the board of township trustees | 28815 |
| agrees to compensate the school district for one hundred per cent | 28816 |
| of the tax revenue that the school district would have received | 28817 |
| from further improvements to parcels designated in the resolution | 28818 |
| were it not for the exemption granted by the resolution. | 28819 |
| Sec. 5709.74. (A) A township that has declared an | 28820 |
| improvement to be a public purpose under section 5709.73 of the | 28821 |
| Revised Code may require the owner of the parcel to make annual | 28822 |
| service payments in lieu of taxes to the county treasurer on or | 28823 |
| before the final dates for payment of real property taxes. Each | 28824 |
| payment shall be charged and collected in the same manner and in | 28825 |
| the same amount as the real property taxes that would have been | 28826 |
| charged and payable against any improvement made on the parcel if | 28827 |
| it were not exempt from taxation. If any reduction in the levies | 28828 |
| otherwise applicable to the exempt property is made by the county | 28829 |
| budget commission under section 5705.31 of the Revised Code, the | 28830 |
| amount of the service payment in lieu of taxes shall be calculated | 28831 |
| as if a reduction in levies had not been made. A township shall | 28832 |
| not require an owner to make annual service payments in lieu of | 28833 |
| taxes pursuant to this section after the date on which the | 28834 |
| township has been paid back in full for the public infrastructure | 28835 |
| improvements made pursuant to sections 5709.73 to 5709.75 of the | 28836 |
| Revised Code. | 28837 |
| (B) Moneys collected as service payments in lieu of taxes | 28838 |
| shall be distributed at the same time and in the same manner as | 28839 |
| real property tax payments. However, subject to division (C) of | 28840 |
| this section or section 5709.913 of the Revised Code, the entire | 28841 |
| amount so collected shall be distributed to the township in which | 28842 |
| the improvement is located. If a parcel upon which moneys are | 28843 |
| collected as service payments in lieu of taxes is annexed to a | 28844 |
| municipal corporation, the service payments shall continue to be | 28845 |
| collected and distributed to the township in which the parcel was | 28846 |
| located before its annexation until the township is paid back in | 28847 |
| full for the cost of any public infrastructure improvements it | 28848 |
| made on the parcel. The treasurer shall maintain a record of the | 28849 |
| service payments in lieu of taxes made from property in each | 28850 |
| township. | 28851 |
| (C) If annual service payments in lieu of taxes are required | 28852 |
| under this section, the county treasurer shall distribute to the | 28853 |
| appropriate taxing authorities the portion of the service payments | 28854 |
| that represent payments required under division (F) of section | 28855 |
| 5709.73 of the Revised Code. | 28856 |
| (D) Nothing in this section or section 5709.73 of the Revised | 28857 |
| Code affects the taxes levied against that portion of the value of | 28858 |
| any parcel of property that is not exempt from taxation. | 28859 |
| Sec. 5709.75. (A) Any township that receives service payments | 28860 |
| in lieu of taxes under section 5709.74 of the Revised Code shall | 28861 |
| establish a township public improvement tax increment equivalent | 28862 |
| fund into which those payments shall be deposited. If the board of | 28863 |
| township trustees has adopted a resolution under division (C) of | 28864 |
| section 5709.73 of the Revised Code, the township shall establish | 28865 |
| at least one account in that fund with respect to resolutions | 28866 |
| adopted under division (B) of that section, and one account with | 28867 |
| respect to each incentive district created by a resolution adopted | 28868 |
| under division (C) of that section. If a resolution adopted under | 28869 |
| division (C) of section 5709.73 of the Revised Code also | 28870 |
| authorizes the use of service payments for housing renovations | 28871 |
| within the incentive district, the township shall establish | 28872 |
| separate accounts for the service payments designated for public | 28873 |
| infrastructure improvements and for the service payments | 28874 |
| authorized for the purpose of housing renovations. | 28875 |
| (B) Except as otherwise provided in division (C) or (D) of | 28876 |
| this section, money deposited in an account of the township public | 28877 |
| improvement tax increment equivalent fund shall be used by the | 28878 |
| township to pay the costs of public infrastructure improvements | 28879 |
| designated in or the housing renovations authorized by the | 28880 |
| resolution with respect to which the account is established, | 28881 |
| including any interest on and principal of the notes; in the case | 28882 |
| of an account established with respect to a resolution adopted | 28883 |
| under division (C) of that section, money in the account shall be | 28884 |
| used to finance the public infrastructure improvements designated, | 28885 |
| or the housing renovations authorized, for each incentive district | 28886 |
| created in the resolution. Money in an account shall not be used | 28887 |
| to finance or support housing renovations that take place after | 28888 |
| the incentive district has expired. | 28889 |
| (C)(1)(a) A
township may | 28890 |
| account to any school district in which the exempt property is | 28891 |
| located in an amount not to exceed the amount of real property | 28892 |
| taxes that such school district would have received from the | 28893 |
| improvement if it were not exempt from taxation. The resolution | 28894 |
| establishing the fund shall set forth the percentage of such | 28895 |
| maximum amount that will be distributed to any affected school | 28896 |
| district. | 28897 |
| (b) A township also may distribute money in such an account | 28898 |
| as follows: | 28899 |
| (i) To a board of county commissioners, in the amount that is | 28900 |
| owed to the board pursuant to division (E) of section 5709.73 of | 28901 |
| the Revised Code; | 28902 |
| (ii) To a county in accordance with section 5709.913 of the | 28903 |
| Revised Code. | 28904 |
| (2) Money from an account in a township public improvement | 28905 |
| tax increment equivalent fund may be distributed under division | 28906 |
| (C)(1)(b) of this section, regardless of the date a resolution was | 28907 |
| adopted under section 5709.73 of the Revised Code that prompted | 28908 |
| the establishment of the account, even if the resolution was | 28909 |
| adopted prior to the effective date of this amendment. | 28910 |
| (D) On or before January 1, 2007, a board of township | 28911 |
| trustees that adopted a resolution under division (B) of section | 28912 |
| 5709.73 of the Revised Code before January 1, 1995, and that, with | 28913 |
| respect to property exempted under such a resolution, is party to | 28914 |
| a hold-harmless agreement, may appropriate and expend unencumbered | 28915 |
| money in the fund to pay current public safety expenses of the | 28916 |
| township. A township appropriating and expending money under this | 28917 |
| division shall reimburse the fund for the sum so appropriated and | 28918 |
| expended not later than the day the exemption granted under the | 28919 |
| resolution expires. For the purposes of this division, a | 28920 |
| "hold-harmless agreement" is an agreement with the board of | 28921 |
| education of a city, local, or exempted village school district | 28922 |
| under which the board of township trustees agrees to compensate | 28923 |
| the school district for one hundred per cent of the tax revenue | 28924 |
| the school district would have received from improvements to | 28925 |
| parcels designated in the resolution were it not for the exemption | 28926 |
| granted by the resolution. | 28927 |
| (E) Any incidental surplus remaining in the township public | 28928 |
| improvement tax increment equivalent fund or an account of that | 28929 |
| fund upon dissolution of the account or fund shall be transferred | 28930 |
| to the general fund of the township. | 28931 |
| Sec. 5709.78. (A) A board of county commissioners may, by | 28932 |
| resolution, declare improvements to certain parcels of real | 28933 |
| property located in the unincorporated territory of the county to | 28934 |
|
be a
public purpose. Except | 28935 |
| approval under division (C) of this section of the board of | 28936 |
| education of each city, local, or exempted village school district | 28937 |
| within which the improvements are located, not more than | 28938 |
| seventy-five per cent of an improvement thus declared to be a | 28939 |
| public purpose may be exempted from real property taxation, for a | 28940 |
| period of not more than ten years. The resolution shall specify | 28941 |
| the percentage of the improvement to be exempted and the life of | 28942 |
| the exemption. | 28943 |
| A resolution adopted under this division shall designate the | 28944 |
| specific public infrastructure improvements made, to be made, or | 28945 |
| in the process of being made by the county that directly benefit, | 28946 |
| or that once made will directly benefit, the parcels for which | 28947 |
| improvements are declared to be a public purpose. The service | 28948 |
| payments provided for in section 5709.79 of the Revised Code shall | 28949 |
| be used to finance the public infrastructure improvements | 28950 |
| designated in the resolution, or as provided in section 5709.80 of | 28951 |
| the Revised Code. | 28952 |
| (B)(1) A board of county commissioners may adopt a resolution | 28953 |
| creating an incentive district and declaring improvements to | 28954 |
| parcels within the district to be a public purpose and, except as | 28955 |
| provided in division (E) of this section, exempt from taxation as | 28956 |
| provided in this section, but no board of county commissioners of | 28957 |
| a county that has a population that exceeds twenty-five thousand, | 28958 |
| as shown by the most recent federal decennial census, shall adopt | 28959 |
| a resolution that creates an incentive district if | 28960 |
| 28961 | |
| real property in the proposed district for the preceding tax year | 28962 |
| and the taxable value of all real property in the county that | 28963 |
| would have been taxable in the preceding year were it not for the | 28964 |
| fact that the property was in an existing incentive district and | 28965 |
| therefore exempt from taxation exceeds twenty-five per cent of the | 28966 |
| 28967 | |
| 28968 | |
| 28969 | |
| 28970 | |
| 28971 | |
| 28972 | |
| taxable value of real property in the county for the preceding tax | 28973 |
| year. The district shall be located within the unincorporated | 28974 |
| territory of the county and shall not include any territory that | 28975 |
| is included within a district created under division (C) of | 28976 |
| section 5709.73 of the Revised Code. The resolution shall | 28977 |
| delineate the boundary of the district and specifically identify | 28978 |
| each parcel within the district. A district may not include any | 28979 |
| parcel that is or has been exempted from taxation under division | 28980 |
| (A) of this section or that is or has been within another district | 28981 |
| created under this division. A resolution may create more than one | 28982 |
| such district, and more than one resolution may be adopted under | 28983 |
| division (B)(1) of this section. | 28984 |
| (2) Not later than thirty days prior to adopting a resolution | 28985 |
| under division (B)(1) of this section, if the county intends to | 28986 |
| apply for exemptions from taxation under section 5709.911 of the | 28987 |
| Revised Code on behalf of owners of real property located within | 28988 |
| the proposed incentive district, the board of county commissioners | 28989 |
| shall conduct a public hearing on the proposed resolution. Not | 28990 |
| later than thirty days prior to the public hearing, the board | 28991 |
| shall give notice of the public hearing and the proposed | 28992 |
| resolution by first class mail to every real property owner whose | 28993 |
| property is located within the boundaries of the proposed | 28994 |
| incentive district that is the subject of the proposed resolution. | 28995 |
| The board also shall provide the notice by first class mail to the | 28996 |
| clerk of each township in which the proposed incentive district | 28997 |
| will be located. | 28998 |
| (3)(a) A resolution adopted under division (B)(1) of this | 28999 |
| section shall specify the life of the incentive district and the | 29000 |
| percentage of the improvements to be exempted, shall designate the | 29001 |
| public infrastructure improvements made, to be made, or in the | 29002 |
| process of being made, that benefit or serve, or, once made, will | 29003 |
| benefit or serve parcels in the district. The resolution also | 29004 |
| shall identify one or more specific projects being, or to be, | 29005 |
| undertaken in the district that place additional demand on the | 29006 |
| public infrastructure improvements designated in the resolution. | 29007 |
| The project identified may, but need not be, the project under | 29008 |
| division (B)(3)(b) of this section that places real property in | 29009 |
| use for commercial or industrial purposes. | 29010 |
| A resolution adopted under division (B)(1) of this section on | 29011 |
| or after the effective date of this amendment shall not designate | 29012 |
| police or fire equipment as public infrastructure improvements, | 29013 |
| and no service payment provided for in section 5709.79 of the | 29014 |
| Revised Code and received by the county under the resolution shall | 29015 |
| be used for police or fire equipment. | 29016 |
| (b) A resolution adopted under division (B)(1) of this | 29017 |
| section may authorize the use of service payments provided for in | 29018 |
| section 5709.79 of the Revised Code for the purpose of housing | 29019 |
| renovations within the incentive district, provided that the | 29020 |
| resolution also designates public infrastructure improvements that | 29021 |
| benefit or serve the district, and that a project within the | 29022 |
| district places real property in use for commercial or industrial | 29023 |
| purposes. Service payments may be used to finance or support | 29024 |
| loans, deferred loans, and grants to persons for the purpose of | 29025 |
| housing renovations within the district. The resolution shall | 29026 |
| designate the parcels within the district that are eligible for | 29027 |
| housing renovations. The resolution shall state separately the | 29028 |
| amount or the percentages of the expected aggregate service | 29029 |
| payments that are designated for each public infrastructure | 29030 |
| improvement and for the purpose of housing renovations. | 29031 |
| (4) Except with the approval of the board of education of | 29032 |
| each city, local, or exempted village school district within the | 29033 |
| territory of which the incentive district is or will be located, | 29034 |
| and subject to division (D) of this section, the life of an | 29035 |
| incentive district shall not exceed ten years, and the percentage | 29036 |
| of improvements to be exempted shall not exceed seventy-five per | 29037 |
| cent. With approval of the board of education, the life of a | 29038 |
| district may be not more than thirty years, and the percentage of | 29039 |
| improvements to be exempted may be not more than one hundred per | 29040 |
| cent. The approval | 29041 |
| | 29042 |
|
manner provided in division (C) of this section | 29043 |
| 29044 | |
| 29045 | |
| 29046 | |
| 29047 | |
| 29048 | |
| 29049 | |
| 29050 | |
| 29051 |
| (C)(1) Improvements with respect to a parcel may be exempted | 29052 |
| from taxation under division (A) of this section, and improvements | 29053 |
| to parcels within an incentive district may be exempted from | 29054 |
| taxation under division (B) of this section, for up to ten years | 29055 |
| or, with the approval of the board of education of the city, | 29056 |
| local, or exempted village school district within which the parcel | 29057 |
| or district is located, for up to thirty years. The percentage of | 29058 |
| the improvements exempted from taxation may, with such approval, | 29059 |
| exceed seventy-five per cent, but shall not exceed one hundred per | 29060 |
| cent. Not later than forty-five business days prior to adopting a | 29061 |
| resolution under this section declaring improvements to be a | 29062 |
| public purpose that is subject to the approval of a board of | 29063 |
| education under this division, the board of county commissioners | 29064 |
| shall deliver to the board of education a notice stating its | 29065 |
| intent to adopt a resolution making that declaration. The notice | 29066 |
| regarding improvements with respect to a parcel under division (A) | 29067 |
| of this section shall identify the parcels for which improvements | 29068 |
| are to be exempted from taxation, provide an estimate of the true | 29069 |
| value in money of the improvements, specify the period for which | 29070 |
| the improvements would be exempted from taxation and the | 29071 |
| percentage of the improvements that would be exempted, and | 29072 |
| indicate the date on which the board of county commissioners | 29073 |
| intends to adopt the resolution. The notice regarding improvements | 29074 |
| to parcels within an incentive district under division (B) of this | 29075 |
| section shall delineate the boundaries of the district, | 29076 |
| specifically identify each parcel within the district, identify | 29077 |
| each anticipated improvement in the district, provide an estimate | 29078 |
| of the true value in money of each such improvement, specify the | 29079 |
| life of the district and the percentage of improvements that would | 29080 |
| be exempted, and indicate the date on which the board of county | 29081 |
| commissioners intends to adopt the resolution. The board of | 29082 |
| education, by resolution adopted by a majority of the board, may | 29083 |
| approve the exemption for the period or for the exemption | 29084 |
|
percentage specified
in the notice | 29085 |
| for the number of years in excess of ten, may disapprove the | 29086 |
| exemption for the percentage of the improvements to be exempted in | 29087 |
|
excess of
seventy-five per cent,
or both | 29088 |
| exemption on the condition that the board of county commissioners | 29089 |
| and the board of education negotiate an agreement providing for | 29090 |
| compensation to the school district equal in value to a percentage | 29091 |
| of the amount of taxes exempted in the eleventh and subsequent | 29092 |
| years of the exemption period or, in the case of exemption | 29093 |
| percentages in excess of seventy-five per cent, compensation equal | 29094 |
| in value to a percentage of the taxes that would be payable on the | 29095 |
| portion of the improvements in excess of seventy-five per cent | 29096 |
| were that portion to be subject to taxation, or other mutually | 29097 |
| agreeable compensation.
| 29098 |
| (2) The board of education shall certify its resolution to | 29099 |
| the board of county commissioners not later than fourteen days | 29100 |
| prior to the date the board of county commissioners intends to | 29101 |
| adopt its resolution as indicated in the notice. If the board of | 29102 |
| education and the board of county commissioners negotiate a | 29103 |
| mutually acceptable compensation agreement, the resolution of the | 29104 |
| board of county commissioners may declare the improvements a | 29105 |
| public purpose for the number of years specified in that | 29106 |
| resolution or, in the case of exemption percentages in excess of | 29107 |
| seventy-five per cent, for the exemption percentage specified in | 29108 |
| the resolution. In either case, if the board of education and the | 29109 |
| board of county commissioners fail to negotiate a mutually | 29110 |
| acceptable compensation agreement, the resolution may declare the | 29111 |
| improvements a public
purpose for
not
more than ten years, | 29112 |
| shall not exempt more than seventy-five per cent of the | 29113 |
| improvements from taxation. If the board of education fails to | 29114 |
| certify a resolution to the board of county commissioners within | 29115 |
| the time prescribed by this section, the board of county | 29116 |
| commissioners thereupon may adopt the resolution and may declare | 29117 |
| the improvements a public purpose for up to thirty years or, in | 29118 |
| the case of exemption percentages proposed in excess of | 29119 |
| seventy-five per cent, for the exemption percentage specified in | 29120 |
| the resolution. The board of county commissioners may adopt the | 29121 |
| resolution at any time after the board of education certifies its | 29122 |
| resolution approving the exemption to the board of county | 29123 |
| commissioners, or, if the board of education approves the | 29124 |
| exemption on the condition that a mutually acceptable compensation | 29125 |
| agreement be negotiated, at any time after the compensation | 29126 |
| agreement is agreed to by the board of education and the board of | 29127 |
| county commissioners. | 29128 |
| | 29129 |
| waiving its right to approve exemptions from taxation under this | 29130 |
| section and the resolution remains in effect, approval of such | 29131 |
| exemptions by the board of education is not required under | 29132 |
| division
(C) | 29133 |
| adopted a resolution allowing a board of county commissioners to | 29134 |
| deliver the notice
required under
division
(C) | 29135 |
| fewer than forty-five business days prior to approval of the | 29136 |
| resolution by the board of county commissioners, the board of | 29137 |
| county commissioners shall deliver the notice to the board of | 29138 |
| education not later than the number of days prior to such approval | 29139 |
| as prescribed by the board of education in its resolution. If a | 29140 |
| board of education adopts a resolution waiving its right to | 29141 |
| approve exemptions or shortening the notification period, the | 29142 |
| board of education shall certify a copy of the resolution to the | 29143 |
| board of county commissioners. If the board of education rescinds | 29144 |
| such a resolution, it shall certify notice of the rescission to | 29145 |
| the board of county commissioners. | 29146 |
| (D)(1) If a proposed resolution under division (B)(1) of this | 29147 |
| section exempts improvements with respect to a parcel within an | 29148 |
| incentive district for more than ten years, or the percentage of | 29149 |
| the improvement exempted from taxation exceeds seventy-five per | 29150 |
| cent, not later than forty-five business days prior to adopting | 29151 |
| the | 29152 |
| deliver to the board of township trustees of any township | 29153 |
| 29154 | |
| the incentive district is or will be located a notice that states | 29155 |
| its intent to adopt a resolution creating an incentive district. | 29156 |
| The notice shall include a copy of the proposed resolution, | 29157 |
| identify the parcels for which improvements are to be exempted | 29158 |
| from taxation, provide an estimate of the true value in money of | 29159 |
| the improvements, specify the period of time for which the | 29160 |
| improvements would be exempted from taxation, specify the | 29161 |
| percentage of the improvements that would be exempted from | 29162 |
| taxation, and indicate the date on which the board intends to | 29163 |
| adopt the resolution. | 29164 |
| (2) The board of township trustees | 29165 |
| 29166 | |
| majority of the board, may object to the exemption for the number | 29167 |
| of years in excess of ten, may object to the exemption for the | 29168 |
| percentage of the improvement to be exempted in excess of | 29169 |
| seventy-five per cent, or both | 29170 |
| 29171 | |
| 29172 | |
| 29173 | |
| compensation agreement with the board of county commissioners | 29174 |
| 29175 | |
| of township trustees exceed the property taxes foregone due to the | 29176 |
| exemption. If the board of township trustees objects, and the | 29177 |
| board of township trustees and the board of county commissioners | 29178 |
| fail to negotiate a mutually acceptable compensation agreement, | 29179 |
| the resolution adopted under division (B)(1) of this section shall | 29180 |
| provide to the board of township trustees | 29181 |
| 29182 | |
| years of the exemption period | 29183 |
| more than fifty per cent of the taxes that would be payable to the | 29184 |
| township | 29185 |
| trustee's objection includes an objection to an exemption | 29186 |
| percentage in excess of seventy-five per cent, compensation equal | 29187 |
| in value to not more than fifty per cent of the taxes that would | 29188 |
| be payable to the township on the portion of the improvement in | 29189 |
| excess of seventy-five per cent, were that portion to be subject | 29190 |
| to taxation. The board of township trustees | 29191 |
| 29192 | |
| commissioners not later than thirty days after receipt of the | 29193 |
| notice. | 29194 |
| (3) If the board of township trustees | 29195 |
| 29196 | |
| certify a resolution objecting to an exemption within thirty days | 29197 |
| after receipt of the notice, the board of county commissioners may | 29198 |
| adopt its resolution, and no compensation shall be provided to the | 29199 |
| board of township trustees | 29200 |
| board of township trustees | 29201 |
| 29202 | |
| objecting to the commissioners' resolution, the board of county | 29203 |
| commissioners may adopt its resolution at any time after | 29204 |
| mutually acceptable compensation | 29205 |
| agreed to by the board of county commissioners and the | 29206 |
| 29207 | |
| board of township trustees | 29208 |
| 29209 | |
| the commissioners' resolution, the board of county commissioners | 29210 |
| may adopt its resolution at any time after | 29211 |
| acceptable compensation agreement is agreed to by the board of | 29212 |
| county commissioners and the board | 29213 |
| township trustees, or, if no compensation agreement is negotiated, | 29214 |
| at any time after the board of county commissioners | 29215 |
| proposed resolution to provide compensation to the board of | 29216 |
| township trustees | 29217 |
| per cent of the taxes that would be payable to the township | 29218 |
| 29219 | |
| exemption period or on the portion of the improvement in excess of | 29220 |
| seventy-five per cent, were that portion to be subject to | 29221 |
| taxation. | 29222 |
| (E) | 29223 |
| Service payments in lieu of taxes that are attributable to any | 29224 |
| amount by which the effective tax rate of either a renewal levy | 29225 |
| with an increase or a replacement levy exceeds the effective tax | 29226 |
| rate of the levy renewed or replaced, or that are attributable to | 29227 |
| an additional levy, for a levy authorized by the voters for any of | 29228 |
| the following purposes on or after January 1, 2006, and | 29229 |
| 29230 | |
| creating an incentive district under division (B)(1) of this | 29231 |
| section that is adopted on or after January 1, 2006, | 29232 |
| 29233 | |
| 29234 | |
| authority as required under division (D) of section 5709.79 of the | 29235 |
| Revised Code in an amount equal to the amount of taxes from that | 29236 |
| additional levy or from the increase in the effective tax rate of | 29237 |
| such renewal or replacement levy that would have been payable to | 29238 |
| that taxing authority from the following levies were it not for | 29239 |
| the exemption authorized under division | 29240 |
| 29241 | |
| 29242 |
| (1) A tax levied under division (L) of section 5705.19 or | 29243 |
| section 5705.191 of the Revised Code for community mental | 29244 |
| retardation and developmental disabilities programs and services | 29245 |
| pursuant to Chapter 5126. of the Revised Code; | 29246 |
| (2) A tax levied under division (Y) of section 5705.19 of the | 29247 |
| Revised Code for providing or maintaining senior citizens services | 29248 |
| or facilities; | 29249 |
| (3) A tax levied under section 5705.22 of the Revised Code | 29250 |
| for county hospitals; | 29251 |
| (4) A tax levied by a joint-county district or by a county | 29252 |
| under section 5705.19, 5705.191, or 5705.221 of the Revised Code | 29253 |
| for alcohol, drug addiction, and mental health services or | 29254 |
| facilities; | 29255 |
| (5) A tax levied under section 5705.23 of the Revised Code | 29256 |
| for library purposes; | 29257 |
| (6) A tax levied under section 5705.24 of the Revised Code | 29258 |
| for the support of children services and the placement and care of | 29259 |
| children; | 29260 |
| (7) A tax levied under division (Z) of section 5705.19 of the | 29261 |
| Revised Code for the provision and maintenance of zoological park | 29262 |
| services and facilities under section 307.76 of the Revised Code; | 29263 |
| (8) A tax levied under section 511.27 or division (H) of | 29264 |
| section 5705.19 of the Revised Code for the support of township | 29265 |
| park districts; | 29266 |
| (9) A tax levied under division (A), (F), or (H) of section | 29267 |
| 5705.19 of the Revised Code for parks and recreational purposes of | 29268 |
| a joint recreation district organized pursuant to division (B) of | 29269 |
| section 755.14 of the Revised Code; | 29270 |
| (10) A tax levied under section 1545.20 or 1545.21 of the | 29271 |
| Revised Code for park district purposes; | 29272 |
| (11) A tax levied under section 5705.191 of the Revised Code | 29273 |
| for the purpose of making appropriations for public assistance; | 29274 |
| human or social services; public relief; public welfare; public | 29275 |
| health and hospitalization; and support of general hospitals; | 29276 |
| (12) A tax levied under section 3709.29 of the Revised Code | 29277 |
| for a general health district program. | 29278 |
| (F) An exemption from taxation granted under this section | 29279 |
|
commences
with the tax year specified in the resolution | 29280 |
| 29281 | |
| after the effective date of the resolution. If the resolution | 29282 |
| specifies a year commencing before the effective date of the | 29283 |
| resolution or specifies no year whatsoever, the exemption | 29284 |
| commences with the tax year in which an exempted improvement first | 29285 |
| appears on the tax list and duplicate of real and public utility | 29286 |
| property and that commences after the effective date of the | 29287 |
| resolution. Except as otherwise provided in this division, the | 29288 |
| exemption ends on the date specified in the resolution as the date | 29289 |
| the improvement ceases to be a public purpose or the incentive | 29290 |
| district expires, or ends on the date on which the county can no | 29291 |
| longer require annual service payments in lieu of taxes under | 29292 |
| section 5709.79 of the Revised Code, whichever occurs first. The | 29293 |
| exemption of an improvement with respect to a parcel or within an | 29294 |
| incentive district may end on a later date, as specified in the | 29295 |
| resolution, if the board of commissioners and the board of | 29296 |
| education of the city, local, or exempted village school district | 29297 |
| within which the parcel or district is located have entered into a | 29298 |
| compensation agreement under section 5709.82 of the Revised Code | 29299 |
|
with respect
to the improvement
| 29300 |
| education has approved the term of the exemption under division | 29301 |
| (C)(1) of this section, but in no case shall the improvement be | 29302 |
| exempted from taxation for more than thirty years. Exemptions | 29303 |
| shall be claimed and allowed in the same or a similar manner as in | 29304 |
| the case of other real property exemptions. If an exemption status | 29305 |
| changes during a tax year, the procedure for the apportionment of | 29306 |
| the taxes for that year is the same as in the case of other | 29307 |
| changes in tax exemption status during the year. | 29308 |
| (G) If the board of county commissioners is not required by | 29309 |
| this section to notify the board of education of the board of | 29310 |
| county commissioners' intent to declare improvements to be a | 29311 |
| public purpose, the board of county commissioners shall comply | 29312 |
| with the notice requirements imposed under section 5709.83 of the | 29313 |
| Revised Code before taking formal action to adopt the resolution | 29314 |
| making that declaration, unless the board of education has adopted | 29315 |
| a resolution under that section waiving its right to receive such | 29316 |
| a notice. | 29317 |
| (H) The county, not later than fifteen days after the | 29318 |
| adoption of a resolution under this section, shall submit to the | 29319 |
| director of development a copy of the resolution. On or before the | 29320 |
| thirty-first day of March of each year, the county shall submit a | 29321 |
| status report to the director of development. The report shall | 29322 |
| indicate, in the manner prescribed by the director, the progress | 29323 |
| of the project during each year that an exemption remains in | 29324 |
| effect, including a summary of the receipts from service payments | 29325 |
| in lieu of taxes;
expenditures of money from
| 29326 |
| created under section | 29327 |
| description of the public infrastructure improvements and housing | 29328 |
| renovations financed with such expenditures; and a quantitative | 29329 |
| summary of changes in employment and private investment resulting | 29330 |
| from each project. | 29331 |
| (I) Nothing in this section shall be construed to prohibit a | 29332 |
| board of county commissioners from declaring to be a public | 29333 |
| purpose improvements with respect to more than one parcel. | 29334 |
| Sec. 5709.79. (A) A board of county commissioners that | 29335 |
| adopts a resolution under section 5709.78 of the Revised Code | 29336 |
| shall in the resolution require that the owner of the improvement | 29337 |
| make annual service payments in lieu of taxes to the county | 29338 |
| treasurer on or before the final dates for payment of real | 29339 |
| property taxes. Each such payment shall be charged and collected | 29340 |
| in the same manner and in the same amount as the real property | 29341 |
| taxes that would have been charged and payable against the | 29342 |
| improvement if its value were not exempt from taxation. If any | 29343 |
| reduction in the levies otherwise applicable to the improvement is | 29344 |
| made by the county budget commission under section 5705.31 of the | 29345 |
| Revised Code, the amount of the service payment in lieu of taxes | 29346 |
| shall be calculated as if the reduction in levies had not been | 29347 |
| made. | 29348 |
| (B) The county shall not require the owner to make annual | 29349 |
| service payments in lieu of taxes pursuant to this section after | 29350 |
| the date on which one of the following occurs: | 29351 |
| | 29352 |
| 307.082 or 5709.81 of the Revised Code for any public | 29353 |
| infrastructure improvements benefiting the parcel on which the | 29354 |
| improvement is located, or for any housing renovations within an | 29355 |
| incentive district, and if service payments were not pledged | 29356 |
| pursuant to division (B) of section 5709.81 of the Revised Code, | 29357 |
| the date the county has collected sufficient money in the | 29358 |
| applicable account of the redevelopment tax equivalent fund to pay | 29359 |
| the cost of constructing or repairing the public infrastructure | 29360 |
| improvements designated in, or the housing renovations authorized | 29361 |
| by, the resolution adopted under section 5709.78 of the Revised | 29362 |
| Code; | 29363 |
| | 29364 |
| section 5709.81 of the Revised Code to secure payment of any | 29365 |
| obligation issued to finance the public infrastructure improvement | 29366 |
| and housing renovations, the date the purposes for which the | 29367 |
| payments were pledged are paid in full; | 29368 |
| | 29369 |
| 5709.81 of the Revised Code, the date the interest on and | 29370 |
| principal of such bonds and notes have been paid in full. | 29371 |
| (C) Money collected as service payments in lieu of taxes | 29372 |
| shall be distributed at the same time and in the same manner as | 29373 |
| real property tax payments. However, subject to division (D) of | 29374 |
| this section or section 5709.914 of the Revised Code, the entire | 29375 |
| amount so collected shall be distributed to the county in which | 29376 |
| the parcel is located. The county treasurer shall maintain a | 29377 |
| record of the service payments in lieu of taxes made for each | 29378 |
| parcel. If a parcel upon which moneys are collected as service | 29379 |
| payments in lieu of taxes is annexed to a municipal corporation, | 29380 |
| the service payments shall continue to be collected and | 29381 |
| distributed to the county until the date described in division | 29382 |
| 29383 |
| (D) The county treasurer shall distribute to the appropriate | 29384 |
| taxing authorities the portion of the annual service payments in | 29385 |
| lieu of taxes that represents payments required under division (E) | 29386 |
| of section 5709.78 of the Revised Code. | 29387 |
| (E) Nothing in this section or section 5709.78 of the Revised | 29388 |
| Code affects the taxes levied against that portion of the value of | 29389 |
| any parcel that is not exempt from taxation. | 29390 |
| Sec. 5709.80. (A) The board of county commissioners of a | 29391 |
| county that receives service payments in lieu of taxes under | 29392 |
| section 5709.79 of the Revised Code shall establish a | 29393 |
| redevelopment tax equivalent fund into which those payments shall | 29394 |
| be deposited. Separate accounts shall be established in the fund | 29395 |
| for each resolution adopted by the board of county commissioners | 29396 |
| under section 5709.78 of the Revised Code. If the board of county | 29397 |
| commissioners has adopted a resolution under division (B) of that | 29398 |
| section, the county shall establish an account for each incentive | 29399 |
| district created in that resolution. If a resolution adopted under | 29400 |
| division (B) of section 5709.78 of the Revised Code also | 29401 |
| authorizes the use of service payments for housing renovations | 29402 |
| within the incentive district, the county shall establish separate | 29403 |
| accounts for the service payments designated for public | 29404 |
| infrastructure improvements and for the service payments | 29405 |
| authorized for the purpose of housing
renovations.
| 29406 |
| (B) Moneys deposited into each account of the fund shall be | 29407 |
| used by the county to pay the cost of constructing or repairing | 29408 |
| the public infrastructure improvements designated in, or the | 29409 |
| housing renovations authorized by, the resolution, or for each | 29410 |
| incentive district for which the account is established, to pay | 29411 |
| the interest on and principal of bonds or notes issued under | 29412 |
| division (B) of section 307.082 or division (A) of section 5709.81 | 29413 |
| of the Revised Code, or for the purposes pledged under division | 29414 |
| (B) of section 5709.81 of the Revised Code. Money in an account | 29415 |
| shall not be used to finance or support housing renovations that | 29416 |
| take place after the incentive district
has
expired. | 29417 |
| (C)(1)(a) The board of county
commissioners
may | 29418 |
| distribute money in an account to any school district in which the | 29419 |
| exempt property is located in an amount not to exceed the amount | 29420 |
| of real property taxes that such school district would have | 29421 |
| received from the improvement if it were not exempt from taxation. | 29422 |
| The resolution under which an account is established shall set | 29423 |
| forth the percentage of such maximum amount that will be | 29424 |
|
distributed to
any affected school
district. | 29425 |
| (b) A board of county commissioners also may distribute money | 29426 |
| in such an account as follows: | 29427 |
| (i) To a board of township trustees or legislative authority | 29428 |
| of a municipal corporation, as applicable, in the amount that is | 29429 |
| owed to the board of township trustees or legislative authority | 29430 |
| pursuant to division (D) of section 5709.78 of the Revised Code; | 29431 |
| (ii) To a township in accordance with section 5709.914 of the | 29432 |
| Revised Code. | 29433 |
| (2) Money from an account in the redevelopment tax equivalent | 29434 |
| fund may be distributed under division (C)(1)(b) of this section, | 29435 |
| regardless of the date a resolution was adopted under section | 29436 |
| 5709.78 of the Revised Code that prompted the establishment of the | 29437 |
| account, even if the resolution was adopted prior to the effective | 29438 |
| date of this amendment. | 29439 |
| (D) An account dissolves upon fulfillment of the purposes for | 29440 |
| which money in the account may be used. An incidental surplus | 29441 |
| remaining in an account upon its dissolution shall be transferred | 29442 |
| to the general fund of the county. | 29443 |
| Sec. 5711.01. As used in this chapter: | 29444 |
| (A) "Taxable property" includes all the kinds of property | 29445 |
| mentioned in division (B) of section 5709.01 and section 5709.02 | 29446 |
| of the Revised Code, and also the amount or value as of the date | 29447 |
| of conversion of all taxable property converted into bonds or | 29448 |
| other securities not taxed on or after the first day of November | 29449 |
| in the year preceding the date of listing, and of all other | 29450 |
| taxable property converted into deposits after the date as of | 29451 |
| which deposits are required to be listed in such year, except in | 29452 |
| the usual course of the taxpayer's business, to the extent the | 29453 |
| taxpayer may hold or control such bonds, securities, or deposits | 29454 |
| on such day, without deduction for indebtedness created in the | 29455 |
| purchase of such bonds or securities from the taxpayer's credits. | 29456 |
| "Taxable property" does not include such investments and deposits | 29457 |
| as are taxable at the source as provided in sections 5725.01 to | 29458 |
| 5725.26 of the Revised Code, surrender values under policies of | 29459 |
| insurance, or any tangible personal property acquired from a | 29460 |
| public utility or interexchange telecommunications company as | 29461 |
|
defined in section 5727.01 of the Revised Code | 29462 |
| the public utility or interexchange telecommunications company | 29463 |
| pursuant to a sale and leaseback transaction as defined in | 29464 |
| division (I) of section 5727.01 of the Revised Code. For tax year | 29465 |
| 2007 and thereafter, "taxable property" of a telephone, telegraph, | 29466 |
| or interexchange telecommunications company, as defined in section | 29467 |
| 5727.01 of the Revised Code, includes property subject to such a | 29468 |
| sale and leaseback transaction. | 29469 |
| For tax year 2007 and thereafter, taxable property leased to | 29470 |
| a telephone, telegraph, or interexchange telecommunications | 29471 |
| company, as defined in section 5727.01 of the Revised Code, shall | 29472 |
| be listed and assessed by the owner of the property at the | 29473 |
| percentage of true value in money required under division (H) of | 29474 |
| section 5711.22 of the Revised Code. | 29475 |
| (B) "Taxpayer" means any owner of taxable property, including | 29476 |
| property exempt under division (C) of section 5709.01 of the | 29477 |
| Revised Code, and includes every person residing in, or | 29478 |
| incorporated or organized by or under the laws of this state, or | 29479 |
| doing business in this state, or owning or having a beneficial | 29480 |
| interest in taxable personal property in this state and every | 29481 |
| fiduciary required by sections 5711.01 to 5711.36 of the Revised | 29482 |
| Code, to make a return for or on behalf of another. For tax year | 29483 |
| 2007 and thereafter, "taxpayer" includes telephone companies, | 29484 |
| telegraph companies, and interexchange telecommunications company | 29485 |
| as defined in section 5727.01 of the Revised Code. The tax | 29486 |
| commissioner may by rule define and designate the taxpayer, as to | 29487 |
| any taxable property which would not otherwise be required by this | 29488 |
| section to be returned; and any such rule shall be considered | 29489 |
| supplementary to the enumeration of kinds of taxpayers following: | 29490 |
| (1) Individuals of full age and sound mind residing in this | 29491 |
| state; | 29492 |
| (2) Partnerships, corporations, associations, and joint-stock | 29493 |
| companies, under whatever laws organized or existing, doing | 29494 |
| business or having taxable property in this state; and | 29495 |
| corporations incorporated by or organized under the laws of this | 29496 |
| state, wherever their actual business is conducted; | 29497 |
| (3) Fiduciaries appointed by any court in this state or | 29498 |
| having title, possession, or custody of taxable personal property | 29499 |
| in this state or engaged in business in this state; | 29500 |
| (4) Unincorporated mutual funds. | 29501 |
| Taxpayer excludes all individuals, partnerships, | 29502 |
| corporations, associations, and joint-stock companies, their | 29503 |
| executors, administrators, and receivers who are defined in Title | 29504 |
| LVII of the Revised Code as financial institutions, dealers in | 29505 |
| intangibles, domestic insurance companies, or public utilities, | 29506 |
| except to the extent they may be required by sections 5711.01 to | 29507 |
| 5711.36 of the Revised Code, to make returns as fiduciaries, or by | 29508 |
| section 5725.26 of the Revised Code, to make returns of property | 29509 |
| leased, or held for the purpose of leasing, to others if the owner | 29510 |
| or lessor of the property acquired it for the sole purpose of | 29511 |
| leasing it to others or to the extent that property is taxable | 29512 |
| under section 5725.25 of the Revised Code. | 29513 |
| (C) "Return" means the taxpayer's annual report of taxable | 29514 |
| property. | 29515 |
| (D) "List" means the designation, in a return, of the | 29516 |
| description of taxable property, the valuation or amount thereof, | 29517 |
| the name of the owner, and the taxing district where assessable. | 29518 |
| (E) "Taxing district" means, in the case of property | 29519 |
| assessable on the classified tax list and duplicate, a municipal | 29520 |
| corporation or the territory in a county outside the limits of all | 29521 |
| municipal corporations therein; in the case of property assessable | 29522 |
| on the general tax list and duplicate, a municipal corporation or | 29523 |
| township, or part thereof, in which the aggregate rate of taxation | 29524 |
| is uniform. | 29525 |
| (F) "Assessor" includes the tax commissioner and the county | 29526 |
| auditor as deputy of the commissioner. | 29527 |
| (G) "Fiduciary" includes executors, administrators, parents, | 29528 |
| guardians, receivers, assignees, official custodians, factors, | 29529 |
| bailees, lessees, agents, attorneys, and employees, but does not | 29530 |
| include trustees unless the sense so requires. | 29531 |
| (H) "General tax list and duplicate" means the books or | 29532 |
| records containing the assessments of property subject to local | 29533 |
| tax levies. | 29534 |
| (I) "Classified tax list and duplicate" means the books or | 29535 |
| records containing the assessments of property not subject to | 29536 |
| local tax levies. | 29537 |
| (J) "Investment company" means any corporation, the shares of | 29538 |
| which are regularly offered for sale to the public, engaged solely | 29539 |
| in the business of investing and reinvesting funds in real | 29540 |
| property or investments, or holding or selling real property or | 29541 |
| investments for the purpose of realizing income or profit which is | 29542 |
| distributed to its shareholders. Investment company does not | 29543 |
| include any dealer in intangibles, as defined in section 5725.01 | 29544 |
| of the Revised Code. | 29545 |
| (K) "Unincorporated mutual fund" means any partnership, each | 29546 |
| partner of which is a corporation, engaged solely in the business | 29547 |
| of investing and reinvesting funds in investments, or holding or | 29548 |
| selling investments for the purpose of realizing income or profit | 29549 |
| which is distributed to its partners and which is subject to | 29550 |
| Chapter 1707. of the Revised Code. An unincorporated mutual fund | 29551 |
| does not include any dealer in intangibles as defined in section | 29552 |
| 5725.01 of the Revised Code. | 29553 |
| Sec. 5725.221. For the purposes of this section, interest | 29554 |
| shall be computed at a rate per calendar month, rounded to the | 29555 |
| nearest one-hundredth of one per cent, equal to one-twelfth of the | 29556 |
| rate per annum prescribed by section 5703.47 of the Revised Code | 29557 |
| for the calendar year that includes the month for which the | 29558 |
| interest accrues. | 29559 |
| (A) When taxes levied by | 29560 |
| 29561 | |
| a tax return being filed late, the treasurer of state shall add | 29562 |
| interest to the taxes due. The interest shall accrue from the | 29563 |
| first day of the month following the last day on which such taxes | 29564 |
| were required to be paid, had the assessment been certified by the | 29565 |
| date prescribed, to the last day of the month preceding the date | 29566 |
| on which the assessment was certified, and shall be computed on | 29567 |
| the taxes due. | 29568 |
| (B) If an assessment has been certified pursuant to section | 29569 |
| 5711.13, 5725.08, 5725.16, 5725.20, or | 29570 |
| Revised Code and an amended or final assessment is certified for | 29571 |
| the same taxpayer and the same tax year, the treasurer of state | 29572 |
| shall add interest to the deficiency or excess. The interest shall | 29573 |
| be computed on the excess or deficiency, and shall be accrued in | 29574 |
| the following manner: | 29575 |
| (1) On a deficiency, interest shall accrue from the first day | 29576 |
| of the month following the last day on which the previous | 29577 |
| assessment was required to be paid, to the last day of the month | 29578 |
| preceding the date on which the amended or final assessment is | 29579 |
| certified; | 29580 |
| (2) On an excess, interest shall be allowed from the first | 29581 |
| day of the month following the date of payment of the previous | 29582 |
| assessment, to the last day of the month preceding the date on | 29583 |
| which the amended or final assessment is certified. | 29584 |
| Sec. 5725.222. (A) An application to refund to a domestic | 29585 |
| insurance company any taxes imposed by section 3737.71 of the | 29586 |
| Revised Code or this chapter that are overpaid, paid illegally or | 29587 |
| erroneously, or paid on any illegal, erroneous, or excessive | 29588 |
| assessment, with interest thereon as provided by section 5725.221 | 29589 |
| of the Revised Code, shall be filed with the superintendent of | 29590 |
| insurance, on the form prescribed by the superintendent, within | 29591 |
| three years after the date of the illegal, erroneous, or excessive | 29592 |
| payment of the tax. No refund shall be allowed unless an | 29593 |
| application has been filed in accordance with this section. The | 29594 |
| time limit imposed under this division may be extended if both the | 29595 |
| domestic insurance company and the superintendent of insurance | 29596 |
| agree in writing to the extension. | 29597 |
| (B) Except as otherwise provided in this division, the | 29598 |
| superintendent may make an assessment against a domestic insurance | 29599 |
| company for any deficiency for the period for which a report, tax | 29600 |
| return, or tax payment is due for any taxes imposed by section | 29601 |
| 3737.71 of the Revised Code or this chapter, based on any | 29602 |
| information in the superintendent's possession. No assessment | 29603 |
| shall be made against a domestic insurance company more than three | 29604 |
| years after the later of the final date the report, tax return, or | 29605 |
| tax payment subject to the assessment was required to be filed or | 29606 |
| paid, or the date the report or tax return was filed, provided | 29607 |
| that there shall be no bar if the domestic insurance company | 29608 |
| failed to file the required report or tax return or if the | 29609 |
| deficiency results from fraud or any felonious act. The time limit | 29610 |
| may be extended if both the domestic insurance company and the | 29611 |
| superintendent agree in writing to the extension. For the purposes | 29612 |
| of this division, an assessment is made on the date the | 29613 |
| notification of the assessment is sent by the department of | 29614 |
| insurance or the date of an invoice for the assessment from the | 29615 |
| treasurer of state, whichever is earlier. | 29616 |
| Sec. 5725.98. (A) To provide a uniform procedure for | 29617 |
| calculating the amount of tax imposed by section 5725.18 of the | 29618 |
| Revised Code that is due under this chapter, a taxpayer shall | 29619 |
| claim any credits and offsets against tax liability to which it is | 29620 |
| entitled in the following order: | 29621 |
| (1) The credit for an insurance company or insurance company | 29622 |
| group under section 5729.031 of the Revised Code. | 29623 |
| (2) The credit for eligible employee training costs under | 29624 |
| section 5725.31 of the Revised Code. | 29625 |
| (3) The credit under section 5725.19 of the Revised Code for | 29626 |
| losses on loans made under the Ohio venture capital authority | 29627 |
| program under sections 150.01 to 150.10 of the Revised Code if the | 29628 |
| taxpayer elected a nonrefundable credit under section 150.07 of | 29629 |
| the Revised Code. | 29630 |
| (4) The offset of assessments by the Ohio life and health | 29631 |
| insurance guaranty association permitted by section 3956.20 of the | 29632 |
| Revised Code. | 29633 |
| (5) The refundable credit for Ohio job creation under section | 29634 |
| 5725.32 of the Revised Code. | 29635 |
| (6) The credit under section 5729.08 of the Revised Code for | 29636 |
| losses on loans made under the Ohio venture capital program under | 29637 |
| sections 150.01 to 150.10 of the Revised Code if the taxpayer | 29638 |
| elected a refundable credit under section 150.07 of the Revised | 29639 |
| Code. | 29640 |
| (B) For any credit except the credits enumerated in divisions | 29641 |
| (A)(5) and (6) of this section, the amount of the credit for a | 29642 |
| taxable year shall not exceed the tax due after allowing for any | 29643 |
| other credit that precedes it in the order required under this | 29644 |
| section. Any excess amount of a particular credit may be carried | 29645 |
| forward if authorized under the section creating that credit. | 29646 |
| Nothing in this chapter shall be construed to allow a taxpayer to | 29647 |
| claim, directly or indirectly, a credit more than once for a | 29648 |
| taxable year. | 29649 |
| Sec. 5727.06. (A) Except as otherwise provided by law, the | 29650 |
| following constitutes the taxable property of a public utility, | 29651 |
| interexchange telecommunications company, or public utility | 29652 |
| property lessor that shall be assessed by the tax commissioner: | 29653 |
| (1) For tax years before tax year 2006: | 29654 |
| (a) In the case of a railroad company, all real property and | 29655 |
| tangible personal property owned or operated by the railroad | 29656 |
| company in this state on the thirty-first day of December of the | 29657 |
| preceding year; | 29658 |
| (b) In the case of a water transportation company, all | 29659 |
| tangible personal property, except watercraft, owned or operated | 29660 |
| by the water transportation company in this state on the | 29661 |
| thirty-first day of December of the preceding year and all | 29662 |
| watercraft owned or operated by the water transportation company | 29663 |
| in this state during the preceding calendar year; | 29664 |
| (c) In the case of all other public utilities and | 29665 |
| interexchange telecommunications companies, all tangible personal | 29666 |
| property that on the thirty-first day of December of the preceding | 29667 |
| year was both located in this state and: | 29668 |
| (i) Owned by the public utility or interexchange | 29669 |
| telecommunications company; or | 29670 |
| (ii) Leased by the public utility or interexchange | 29671 |
| telecommunications company under a sale and leaseback transaction. | 29672 |
| (2) For tax years 2006, 2007, and 2008: | 29673 |
| (a) In the case of a railroad company, all real property used | 29674 |
| in railroad operations and tangible personal property owned or | 29675 |
| operated by the railroad company in this state on the thirty-first | 29676 |
| day of December of the preceding year; | 29677 |
| (b) In the case of a water transportation company, all | 29678 |
| tangible personal property, except watercraft, owned or operated | 29679 |
| by the water transportation company in this state on the | 29680 |
| thirty-first day of December of the preceding year and all | 29681 |
| watercraft owned or operated by the water transportation company | 29682 |
| in this state during the preceding calendar year; | 29683 |
| (c) In the case of all other public utilities except | 29684 |
| telephone and telegraph companies, all tangible personal property | 29685 |
| that on the thirty-first day of December of the preceding year was | 29686 |
| both located in this state and either owned by the public utility | 29687 |
| or leased by the public utility under a sale and leaseback | 29688 |
| transaction. | 29689 |
| (3) For tax year 2009 and each tax year thereafter: | 29690 |
| (a) In the case of a railroad company, all real property used | 29691 |
| in railroad operations and tangible personal property owned or | 29692 |
| operated by the railroad company in this state on the thirty-first | 29693 |
| day of December of the preceding year; | 29694 |
| (b) In the case of a water transportation company, all | 29695 |
| tangible personal property, except watercraft, owned or operated | 29696 |
| by the water transportation company in this state on the | 29697 |
| thirty-first day of December of the preceding year and all | 29698 |
| watercraft owned or operated by the water transportation company | 29699 |
| in this state during the preceding calendar year; | 29700 |
| (c) In the case of all other public utilities except | 29701 |
| telephone and telegraph companies, all tangible personal property | 29702 |
| that on the thirty-first day of December of the preceding year was | 29703 |
| both located in this state and either owned by the public utility | 29704 |
| or leased by the public utility under a sale and leaseback | 29705 |
| transaction; | 29706 |
| (d) In the case of a public utility property lessor, all | 29707 |
| personal property that on the thirty-first day of December of the | 29708 |
| preceding year was both located in this state and leased, in other | 29709 |
| than a sale and leaseback transaction, to | 29710 |
| 29711 | |
| railroad | 29712 |
| company. The assessment rate used under section 5727.111 of the | 29713 |
| Revised Code shall be based on the assessment rate that would | 29714 |
| apply if the | 29715 |
| utility owned the property. | 29716 |
| (4) For tax years 2005 and 2006, in the case of telephone, | 29717 |
| telegraph, or interexchange telecommunications companies, all | 29718 |
| tangible personal property that on the thirty-first day of | 29719 |
| December of the preceding year was both located in this state and | 29720 |
| either owned by the telephone, telegraph, or interexchange | 29721 |
| telecommunications company or leased by the telephone, telegraph, | 29722 |
| or interexchange telecommunications company under a sale and | 29723 |
| leaseback transaction. | 29724 |
| (5) For tax year 2007 and thereafter, in the case of | 29725 |
| telephone, telegraph, or interexchange telecommunications | 29726 |
| companies, all tangible personal property shall be listed and | 29727 |
| assessed for taxation under Chapter 5711. of the Revised Code. | 29728 |
| (B) This division applies to tax years before tax year 2007. | 29729 |
| In the case of an interexchange telecommunications company, | 29730 |
| all taxable property shall be subject to the provisions of this | 29731 |
| chapter and shall be valued by the commissioner in accordance with | 29732 |
| division (A) of section 5727.11 of the Revised Code. A person | 29733 |
| described by this division shall file the report required by | 29734 |
| section 5727.08 of the Revised Code. Persons described in this | 29735 |
| division shall not be considered taxpayers, as defined in division | 29736 |
| (B) of section 5711.01 of the Revised Code, and shall not be | 29737 |
| required to file a return and list their taxable property under | 29738 |
| any provision of Chapter 5711. of the Revised Code. | 29739 |
| (C) The lien of the state for taxes levied each year on the | 29740 |
| real and personal property of public utilities and interexchange | 29741 |
| telecommunications companies and on the personal property of | 29742 |
| public utility property lessors shall attach thereto on the | 29743 |
| thirty-first day of December of the preceding year. | 29744 |
| (D) Property that is required by division (A)(3)(b) of this | 29745 |
| section to be assessed by the tax commissioner under this chapter | 29746 |
| shall not be listed by the owner of the property under Chapter | 29747 |
| 5711. of the Revised Code. | 29748 |
| (E) The tax commissioner may adopt rules governing the | 29749 |
| listing of the taxable property of public utilities and | 29750 |
| interexchange telecommunications companies and the determination | 29751 |
| of true value. | 29752 |
| Sec. 5727.85. (A) By the thirty-first day of July of each | 29753 |
| year, beginning in 2002 and ending in 2016, the department of | 29754 |
| education shall determine the following for each school district | 29755 |
| and each joint vocational school district eligible for payment | 29756 |
| under division (C) or (D) of this section: | 29757 |
| (1) The state education aid offset, which is the difference | 29758 |
| obtained by subtracting the amount described in division (A)(1)(b) | 29759 |
| of this section from the amount described in division (A)(1)(a) of | 29760 |
| this section: | 29761 |
| (a) The state education aid computed for the school district | 29762 |
| or joint vocational school district for the current fiscal year as | 29763 |
| of the thirty-first day of July; | 29764 |
| (b) The state education aid that would be computed for the | 29765 |
| school district or joint vocational school district for the | 29766 |
| current fiscal year as of the thirty-first day of July if the | 29767 |
| recognized valuation included the tax value loss for the school | 29768 |
| district or joint vocational school district. | 29769 |
| (2) The greater of zero or the difference obtained by | 29770 |
| subtracting the state education aid offset determined under | 29771 |
| division (A)(1) of this section from the fixed-rate levy loss | 29772 |
| certified under division (J) of section 5727.84 of the Revised | 29773 |
| Code for all taxing districts in each school district and joint | 29774 |
| vocational school district. | 29775 |
| By the fifth day of August of each such year, the department | 29776 |
| of education shall certify the amount so determined under division | 29777 |
| (A)(1) of this section to the director of budget and management. | 29778 |
| (B) Not later than the thirty-first day of October of the | 29779 |
| years 2006 through 2016, the department of education shall | 29780 |
| determine all of the following for each school district: | 29781 |
| (1) The amount obtained by subtracting the district's state | 29782 |
| education aid computed for fiscal year 2002 from the district's | 29783 |
| state education aid computed for the current fiscal year; | 29784 |
| (2) The inflation-adjusted property tax loss. The | 29785 |
| inflation-adjusted property tax loss equals the fixed-rate levy | 29786 |
| loss, excluding the tax loss from levies within the ten-mill | 29787 |
| limitation to pay debt charges, determined under division (G) of | 29788 |
| section 5727.84 of the Revised Code for all taxing districts in | 29789 |
| each school district, plus the product obtained by multiplying | 29790 |
| that loss by the cumulative percentage increase in the consumer | 29791 |
| price index from January 1, 2002, to the thirtieth day of June of | 29792 |
| the current year. | 29793 |
| (3) The difference obtained by subtracting the amount | 29794 |
| computed under division (B)(1) from the amount of the | 29795 |
| inflation-adjusted property tax loss. If this difference is zero | 29796 |
| or a negative number, no further payments shall be made under | 29797 |
| division (C) of this section to the school district from the | 29798 |
| school district property tax replacement fund. | 29799 |
| (C) The department of education shall pay from the school | 29800 |
| district property tax replacement fund to each school district all | 29801 |
| of the following: | 29802 |
| (1) In February 2002, one-half of the fixed-rate levy loss | 29803 |
| certified under division (J) of section 5727.84 of the Revised | 29804 |
| Code between the twenty-first and twenty-eighth days of February. | 29805 |
| (2) From August 2002 through August | 29806 |
| the amount calculated for that fiscal year under division (A)(2) | 29807 |
| of this section between the twenty-first and twenty-eighth days of | 29808 |
| August and of February, provided the difference computed under | 29809 |
| division (B)(3) of this section is not less than or equal to zero. | 29810 |
| | 29811 |
| 29812 | |
| 29813 | |
| 29814 |
| | 29815 |
| purposes in tax year 1998 in the case of electric company tax | 29816 |
| value losses, and in tax year 1999 in the case of natural gas | 29817 |
| company tax value losses, payments shall be made equal to one | 29818 |
| hundred per cent of the loss computed as if the tax were a | 29819 |
| fixed-rate levy, but those payments shall extend from fiscal year | 29820 |
| 2006 through fiscal year 2016. | 29821 |
| The department of education shall report to each school | 29822 |
| district the apportionment of the payments among the school | 29823 |
| district's funds based on the certifications under division (J) of | 29824 |
| section 5727.84 of the Revised Code. | 29825 |
| (D) Not later than January 1, 2002, for all taxing districts | 29826 |
| in each joint vocational school district, the tax commissioner | 29827 |
| shall certify to the department of education the fixed-rate levy | 29828 |
| loss determined under division (G) of section 5727.84 of the | 29829 |
| Revised Code. From February 2002 to August 2016, the department | 29830 |
| shall pay from the school district property tax replacement fund | 29831 |
| to the joint vocational school district one-half of the amount | 29832 |
| calculated for that fiscal year under division (A)(2) of this | 29833 |
| section between the twenty-first and twenty-eighth days of August | 29834 |
| and of February. | 29835 |
| (E)(1) Not later than January 1, 2002, for each fixed-sum | 29836 |
| levy levied by each school district or joint vocational school | 29837 |
| district and for each year for which a determination is made under | 29838 |
| division (H) of section 5727.84 of the Revised Code that a | 29839 |
| fixed-sum levy loss is to be reimbursed, the tax commissioner | 29840 |
| shall certify to the department of education the fixed-sum levy | 29841 |
| loss determined under that division. The certification shall cover | 29842 |
| a time period sufficient to include all fixed-sum levies for which | 29843 |
| the tax commissioner made such a determination. The department | 29844 |
| shall pay from the school district property tax replacement fund | 29845 |
| to the school district or joint vocational school district | 29846 |
| one-half of the fixed-sum levy loss so certified for each year | 29847 |
| between the twenty-first and twenty-eighth days of August and of | 29848 |
| February. | 29849 |
| (2) Beginning in 2003, by the thirty-first day of January of | 29850 |
| each year, the tax commissioner shall review the certification | 29851 |
| originally made under division (E)(1) of this section. If the | 29852 |
| commissioner determines that a debt levy that had been scheduled | 29853 |
| to be reimbursed in the current year has expired, a revised | 29854 |
| certification for that and all subsequent years shall be made to | 29855 |
| the department of education. | 29856 |
| (F) If the balance of the half-mill equalization fund created | 29857 |
| under section 3318.18 of the Revised Code is insufficient to make | 29858 |
| the full amount of payments required under division (D) of that | 29859 |
| section, the department of education, at the end of the third | 29860 |
| quarter of the fiscal year, shall certify to the director of | 29861 |
| budget and management the amount of the deficiency, and the | 29862 |
| director shall transfer an amount equal to the deficiency from the | 29863 |
| school district property tax replacement fund to the half-mill | 29864 |
| equalization fund. | 29865 |
| (G) Beginning in August 2002, and ending in May 2017, the | 29866 |
| director of budget and management shall transfer from the school | 29867 |
| district property tax replacement fund to the general revenue fund | 29868 |
| each of the following: | 29869 |
| (1) Between the twenty-eighth day of August and the fifth day | 29870 |
| of September, the lesser of one-half of the amount certified for | 29871 |
| that fiscal year under division (A)(2) of this section or the | 29872 |
| balance in the school district property tax replacement fund; | 29873 |
| (2) Between the first and fifth days of May, the lesser of | 29874 |
| one-half of the amount certified for that fiscal year under | 29875 |
| division (A)(2) of this section or the balance in the school | 29876 |
| district property tax replacement fund. | 29877 |
| (H) On the first day of June each year, the director of | 29878 |
| budget and management shall transfer any balance remaining in the | 29879 |
| school district property tax replacement fund after the payments | 29880 |
| have been made under divisions (C), (D), (E), (F), and (G) of this | 29881 |
| section to the half-mill equalization fund created under section | 29882 |
| 3318.18 of the Revised Code. | 29883 |
| (I) From fiscal year 2002 through fiscal year 2016, if the | 29884 |
| total amount in the school district property tax replacement fund | 29885 |
| is insufficient to make all payments under divisions (C), (D), | 29886 |
| (E), and (F) of this section at the time the payments are to be | 29887 |
| made, the director of budget and management shall transfer from | 29888 |
| the general revenue fund to the school district property tax | 29889 |
| replacement fund the difference between the total amount to be | 29890 |
| paid and the total amount in the school district property tax | 29891 |
| replacement fund, except that no transfer shall be made by reason | 29892 |
| of a deficiency to the extent that it results from the amendment | 29893 |
| of section 5727.84 of the Revised Code by Amended Substitute House | 29894 |
| Bill No. 95 of the 125th general assembly. | 29895 |
| (J) If all of the territory of a school district or joint | 29896 |
| vocational school district is merged with an existing district, or | 29897 |
| if a part of the territory of a school district or joint | 29898 |
| vocational school district is transferred to an existing or new | 29899 |
| district, the department of education, in consultation with the | 29900 |
| tax commissioner, shall adjust the payments made under this | 29901 |
| section as follows: | 29902 |
| (1) For the merger of all of the territory of two or more | 29903 |
| districts, the fixed-rate levy loss and the fixed-sum levy loss of | 29904 |
| the successor district shall be equal to the sum of the fixed-rate | 29905 |
| levy losses and the fixed-sum levy losses for each of the | 29906 |
| districts involved in the merger. | 29907 |
| (2) For the transfer of a part of one district's territory to | 29908 |
| an existing district, the amount of the fixed-rate levy loss that | 29909 |
| is transferred to the recipient district shall be an amount equal | 29910 |
| to the transferring district's total fixed-rate levy loss times a | 29911 |
| fraction, the numerator of which is the value of electric company | 29912 |
| tangible personal property located in the part of the territory | 29913 |
| that was transferred, and the denominator of which is the total | 29914 |
| value of electric company tangible personal property located in | 29915 |
| the entire district from which the territory was transferred. The | 29916 |
| value of electric company tangible personal property under this | 29917 |
| division shall be determined for the most recent year for which | 29918 |
| data is available. Fixed-sum levy losses for both districts shall | 29919 |
| be determined under division (J)(4) of this section. | 29920 |
| (3) For the transfer of a part of the territory of one or | 29921 |
| more districts to create a new district: | 29922 |
| (a) If the new district is created on or after January 1, | 29923 |
| 2000, but before January 1, 2005, the new district shall be paid | 29924 |
| its current fixed-rate levy loss through August | 29925 |
| February | 29926 |
| the lesser of: (i) the amount calculated under division | 29927 |
| of this section or (ii) an amount | 29928 |
| new district's fixed-rate levy loss multiplied by the percentage | 29929 |
| prescribed by the following schedule | 29930 |
| 29931 | |
| 29932 |
| YEAR | PERCENTAGE | 29933 | |
| 2009 | 75% | 29934 | |
| 2010 | 70% | 29935 | |
| 2011 | 70% | 29936 | |
| 2012 | 60% | 29937 | |
| 2013 | 50% | 29938 | |
| 2014 | 40% | 29939 | |
| 2015 | 24% | 29940 | |
| 2016 | 11.5% | 29941 | |
| 2017 and thereafter | 0% | 29942 |
| Fixed-sum levy losses for the districts shall be determined | 29943 |
| under division (J)(4) of this section. | 29944 |
| (b) If the new district is created on or after January 1, | 29945 |
| 2005, the new district shall be deemed not to have any fixed-rate | 29946 |
| levy loss or, except as provided in division (J)(4) of this | 29947 |
| section, fixed-sum levy loss. The district or districts from which | 29948 |
| the territory was transferred shall have no reduction in their | 29949 |
| fixed-rate levy loss, or, except as provided in division (J)(4) of | 29950 |
| this section, their fixed-sum levy loss. | 29951 |
| (4) If a recipient district under division (J)(2) of this | 29952 |
| section or a new district under division (J)(3)(a) or (b) of this | 29953 |
| section takes on debt from one or more of the districts from which | 29954 |
| territory was transferred, and any of the districts transferring | 29955 |
| the territory had fixed-sum levy losses, the department of | 29956 |
| education, in consultation with the tax commissioner, shall make | 29957 |
| an equitable division of the fixed-sum levy losses. | 29958 |
| (K) There is hereby created the public utility property tax | 29959 |
| study committee, effective January 1, 2011. The committee shall | 29960 |
| consist of the following seven members: the tax commissioner, | 29961 |
| three members of the senate appointed by the president of the | 29962 |
| senate, and three members of the house of representatives | 29963 |
| appointed by the speaker of the house of representatives. The | 29964 |
| appointments shall be made not later than January 31, 2011. The | 29965 |
| tax commissioner shall be the chairperson of the committee. | 29966 |
| The committee shall study the extent to which each school | 29967 |
| district or joint vocational school district has been compensated, | 29968 |
| under sections 5727.84 and 5727.85 of the Revised Code as enacted | 29969 |
| by Substitute Senate Bill No. 3 of the 123rd general assembly and | 29970 |
| any subsequent acts, for the property tax loss caused by the | 29971 |
| reduction in the assessment rates for natural gas, electric, and | 29972 |
| rural electric company tangible personal property. Not later than | 29973 |
| June 30, 2011, the committee shall issue a report of its findings, | 29974 |
| including any recommendations for providing additional | 29975 |
| compensation for the property tax loss or regarding remedial | 29976 |
| legislation, to the president of the senate and the speaker of the | 29977 |
| house of representatives, at which time the committee shall cease | 29978 |
| to exist. | 29979 |
| The department of taxation and department of education shall | 29980 |
| provide such information and assistance as is required for the | 29981 |
| committee to carry out its duties. | 29982 |
| Sec. 5729.05. On | 29983 |
| the fifteenth day of October each | 29984 |
| insurance company shall pay to the treasurer of state an amount | 29985 |
| equal to one-half of the previous calendar year's tax, before | 29986 |
| credits,
which was assessed and paid under section | 29987 |
| of the Revised Code and this chapter. This payment shall be | 29988 |
| considered as a partial payment of the tax upon the business done | 29989 |
| in this state during the calendar year in which the payment date | 29990 |
| provided by this paragraph is contained. | 29991 |
| At the time of filing its annual statement, each foreign | 29992 |
| insurance company shall pay to the treasurer of state the tax | 29993 |
|
assessable under section | 29994 |
| this chapter, calculated by such company from such annual | 29995 |
| statement. The company may deduct the part of such tax already | 29996 |
| paid as a partial payment. | 29997 |
| The superintendent shall determine the correctness of the | 29998 |
| reports and statements of insurance companies, compute the annual | 29999 |
|
tax | 30000 |
| day of May, prepare and furnish to the treasurer of state lists of | 30001 |
| all taxable companies, showing as to each company the whole amount | 30002 |
| of the annual tax computed by | 30003 |
| treasurer of state, after deducting the tax already paid, shall | 30004 |
| promptly notify each such company of any amount due, which amount | 30005 |
| shall be paid by each such company to the treasurer of state by | 30006 |
| the fifteenth day of June next succeeding. If a company has for | 30007 |
| any reason overpaid or was illegally or erroneously assessed or | 30008 |
| charged for collection a larger amount of tax than its annual tax | 30009 |
| as computed by the superintendent of insurance and an application | 30010 |
| for refund was timely filed under section 5729.102 of the Revised | 30011 |
| Code, a refund of the excess amount shall be paid from the tax | 30012 |
| refund fund created by section 5703.052 of the Revised Code. | 30013 |
| Sec. 5729.101. For the purposes of this section, interest | 30014 |
| shall be computed at a rate per calendar month, rounded to the | 30015 |
| nearest one-hundredth of one per cent, equal to one-twelfth of the | 30016 |
| rate per annum prescribed by section 5703.47 of the Revised Code | 30017 |
| for the calendar year that includes the month for which the | 30018 |
| interest accrues. | 30019 |
| (A) When taxes levied by this chapter or by section 3737.71 | 30020 |
| of the Revised Code are assessed as the result of a tax return | 30021 |
| being filed late, the treasurer of state shall add interest to the | 30022 |
| taxes due. The interest shall accrue from the first day of the | 30023 |
| month following the last day on which the taxes were required to | 30024 |
| be paid had the assessment been certified by the date prescribed, | 30025 |
| to the last day of the month preceding the date on which the | 30026 |
| assessment was certified, and shall be computed on the basis of | 30027 |
| the taxes due. | 30028 |
| (B) If an assessment has been certified pursuant to this | 30029 |
| chapter and an amended or final assessment is certified for the | 30030 |
| same taxpayer and the same tax year, the treasurer of state shall | 30031 |
| add interest to the deficiency or excess. The interest shall be | 30032 |
| computed on the excess or deficiency and shall accrue as follows: | 30033 |
| (1) On a deficiency, interest shall accrue from the first day | 30034 |
| of the month following the last day on which the previous | 30035 |
| assessment was required to be paid to the last day of the month | 30036 |
| preceding the date on which the amended or final assessment is | 30037 |
| certified. | 30038 |
| (2) On an excess, interest shall be allowed from the first | 30039 |
| day of the month following the date of payment of the previous | 30040 |
| assessment to the last day of the month preceding the date on | 30041 |
| which the amended or final assessment is certified. | 30042 |
| Sec. 5729.102. (A) An application to refund to a foreign | 30043 |
| insurance company any taxes imposed by section 3737.71 of the | 30044 |
| Revised Code or this chapter that are overpaid, paid illegally or | 30045 |
| erroneously, or paid on any illegal, erroneous, or excessive | 30046 |
| assessment, with interest thereon as provided by section 5729.101 | 30047 |
| of the Revised Code, shall be filed with the superintendent of | 30048 |
| insurance, on the form prescribed by the superintendent, within | 30049 |
| three years after the date of the illegal, erroneous, or excessive | 30050 |
| payment of the tax. No refund shall be allowed unless an | 30051 |
| application has been filed in accordance with this section. The | 30052 |
| time limit imposed under this division may be extended if both the | 30053 |
| foreign insurance company and the superintendent of insurance | 30054 |
| agree in writing to the extension. | 30055 |
| (B) Except as otherwise provided in this division, the | 30056 |
| superintendent may make an assessment against a foreign insurance | 30057 |
| company for any deficiency for the period for which a report, tax | 30058 |
| return, or tax payment is due for any taxes imposed by section | 30059 |
| 3737.71 of the Revised Code or this chapter, based on any | 30060 |
| information in the superintendent's possession. No assessment | 30061 |
| shall be made against a foreign insurance company more than three | 30062 |
| years after the later of the final date the report, tax return, or | 30063 |
| tax payment subject to the assessment was required to be filed or | 30064 |
| paid, or the date the report or tax return was filed, provided | 30065 |
| that there shall be no bar if the foreign insurance company failed | 30066 |
| to file the required report or tax return or if the deficiency | 30067 |
| results from fraud or any felonious act. The time limit may be | 30068 |
| extended if both the foreign insurance company and the | 30069 |
| superintendent agree in writing to the extension. For the purposes | 30070 |
| of this division, an assessment is made on the date the | 30071 |
| notification of the assessment is sent by the department of | 30072 |
| insurance or the date of an invoice for the assessment from the | 30073 |
| treasurer of state, whichever is earlier. | 30074 |
| Sec. 5729.98. (A) To provide a uniform procedure for | 30075 |
| calculating the amount of tax due under this chapter, a taxpayer | 30076 |
| shall claim any credits and offsets against tax liability to which | 30077 |
| it is entitled in the following order: | 30078 |
| (1) The credit for an insurance company or insurance company | 30079 |
| group under section 5729.031 of the Revised Code. | 30080 |
| (2) The credit for eligible employee training costs under | 30081 |
| section 5729.07 of the Revised Code. | 30082 |
| (3) The credit under section 5729.08 of the Revised Code for | 30083 |
| losses on loans made under the Ohio venture capital program under | 30084 |
| sections 150.01 to 150.10 of the Revised Code if the taxpayer | 30085 |
| elected a nonrefundable credit under section 150.07 of the Revised | 30086 |
| Code. | 30087 |
| (4) The offset of assessments by the Ohio life and health | 30088 |
| insurance guaranty association against tax liability permitted by | 30089 |
| section 3956.20 of the Revised Code. | 30090 |
| (5) The refundable credit for Ohio job creation under section | 30091 |
| 5729.032 of the Revised Code. | 30092 |
| (6) The credit under section 5729.08 of the Revised Code for | 30093 |
| losses on loans made under the Ohio venture capital program under | 30094 |
| sections 150.01 to 150.10 of the Revised Code if the taxpayer | 30095 |
| elected a refundable credit under section 150.07 of the Revised | 30096 |
| Code. | 30097 |
| (B) For any credit except the credits enumerated in divisions | 30098 |
| (A)(5) and (6) of this section, the amount of the credit for a | 30099 |
| taxable year shall not exceed the tax due after allowing for any | 30100 |
| other credit that precedes it in the order required under this | 30101 |
| section. Any excess amount of a particular credit may be carried | 30102 |
| forward if authorized under the section creating that credit. | 30103 |
| Nothing in this chapter shall be construed to allow a taxpayer to | 30104 |
| claim, directly or indirectly, a credit more than once for a | 30105 |
| taxable year. | 30106 |
| Sec. 5733.01. (A) The tax provided by this chapter for | 30107 |
| domestic corporations shall be the amount charged against each | 30108 |
| corporation organized for profit under the laws of this state and | 30109 |
| each nonprofit corporation organized pursuant to Chapter 1729. of | 30110 |
| the Revised Code, except as provided in sections 5733.09 and | 30111 |
| 5733.10 of the Revised Code, for the privilege of exercising its | 30112 |
| franchise during the calendar year in which that amount is | 30113 |
| payable, and the tax provided by this chapter for foreign | 30114 |
| corporations shall be the amount charged against each corporation | 30115 |
| organized for profit and each nonprofit corporation organized or | 30116 |
| operating in the same or similar manner as nonprofit corporations | 30117 |
| organized under Chapter 1729. of the Revised Code, under the laws | 30118 |
| of any state or country other than this state, except as provided | 30119 |
| in sections 5733.09 and 5733.10 of the Revised Code, for the | 30120 |
| privilege of doing business in this state, owning or using a part | 30121 |
| or all of its capital or property in this state, holding a | 30122 |
| certificate of compliance with the laws of this state authorizing | 30123 |
| it to do business in this state, or otherwise having nexus in or | 30124 |
| with this state under the Constitution of the United States, | 30125 |
| during the calendar year in which that amount is payable. | 30126 |
| (B) A corporation is subject to the tax imposed by section | 30127 |
| 5733.06 of the Revised Code for each calendar year that it is so | 30128 |
| organized, doing business, owning or using a part or all of its | 30129 |
| capital or property, holding a certificate of compliance, or | 30130 |
| otherwise having nexus in or with this state under the | 30131 |
| Constitution of the United States, on the first day of January of | 30132 |
| that calendar year. | 30133 |
| (C) Any corporation subject to this chapter that is not | 30134 |
| subject to the federal income tax shall file its returns and | 30135 |
| compute its tax liability as required by this chapter in the same | 30136 |
| manner as if that corporation were subject to the federal income | 30137 |
| tax. | 30138 |
| (D) For purposes of this chapter, a federally chartered | 30139 |
| financial institution shall be deemed to be organized under the | 30140 |
| laws of the state within which its principal office is located. | 30141 |
| (E) For purposes of this chapter, any person, as defined in | 30142 |
| section 5701.01 of the Revised Code, shall be treated as a | 30143 |
| corporation if the person is classified for federal income tax | 30144 |
| purposes as an association taxable as a corporation, and an equity | 30145 |
| interest in the person shall be treated as capital stock of the | 30146 |
| person. | 30147 |
| (F) For the purposes of this chapter, "disregarded entity" | 30148 |
| has the same meaning as in division (D) of section 5745.01 of the | 30149 |
| Revised Code. | 30150 |
| (1) A person's interest in a disregarded entity, whether held | 30151 |
| directly or indirectly, shall be treated as the person's ownership | 30152 |
| of the assets and liabilities of the disregarded entity, and the | 30153 |
| income, including gain or loss, shall be included in the person's | 30154 |
| net income under this chapter. | 30155 |
| (2) Any sale, exchange, or other disposition of the person's | 30156 |
| interest in the disregarded entity, whether held directly or | 30157 |
| indirectly, shall be treated as a sale, exchange, or other | 30158 |
| disposition of the person's share of the disregarded entity's | 30159 |
| underlying assets or liabilities, and the gain or loss from such | 30160 |
| sale, exchange, or disposition shall be included in the person's | 30161 |
| net income under this chapter. | 30162 |
| (3) The disregarded entity's payroll, property, and sales | 30163 |
| factors shall be included in the person's factors. | 30164 |
| (G) The tax a corporation is required to pay under this | 30165 |
| chapter shall be as follows: | 30166 |
| (1)(a) For financial institutions, the greater of the minimum | 30167 |
| payment required under division (E) of section 5733.06 of the | 30168 |
| Revised Code or the difference between all taxes charged the | 30169 |
| financial institution under this chapter, without regard to | 30170 |
| division (G)(2) of this section, less any credits allowable | 30171 |
| against such tax. | 30172 |
| (b) A corporation satisfying the description in division | 30173 |
| (E)(5), (6), (7), (8), or (10) of section 5751.01 of the Revised | 30174 |
| Code that is not a financial institution, insurance company, or | 30175 |
| dealer in intangibles is subject to the taxes imposed under this | 30176 |
| chapter as a corporation and not subject to tax as a financial | 30177 |
| institution, and shall pay the greater of the minimum payment | 30178 |
| required under division (E) of section 5733.06 of the Revised Code | 30179 |
| or the difference between all the taxes charged under this | 30180 |
| chapter, without regard to division (G)(2) of this section, less | 30181 |
| any credits allowable against such tax. | 30182 |
| (2) For all corporations other than those persons described | 30183 |
| in division (G)(1)(a) or (b) of this section, the amount under | 30184 |
| division (G)(2)(a) of this section applicable to the tax year | 30185 |
| specified less the amount under division (G)(2)(b) of this | 30186 |
| section: | 30187 |
| (a)(i) For tax year 2005, the greater of the minimum payment | 30188 |
| required under division (E) of section 5733.06 of the Revised Code | 30189 |
| or the difference between all taxes charged the corporation under | 30190 |
| this chapter and any credits allowable against such tax; | 30191 |
| (ii) For tax year 2006, the greater of the minimum payment | 30192 |
| required under division (E) of section 5733.06 of the Revised Code | 30193 |
| or four-fifths of the difference between all taxes charged the | 30194 |
| corporation under this chapter and any credits allowable against | 30195 |
| such tax except the qualifying pass-through entity tax credit | 30196 |
| described in division (A)(30) and the refundable credits described | 30197 |
| in divisions (A)(31), (32), | 30198 |
| of the Revised Code; | 30199 |
| (iii) For tax year 2007, the greater of the minimum payment | 30200 |
| required under division (E) of section 5733.06 of the Revised Code | 30201 |
| or three-fifths of the difference between all taxes charged the | 30202 |
| corporation under this chapter and any credits allowable against | 30203 |
| such tax except the qualifying pass-through entity tax credit | 30204 |
| described in division (A)(30) and the refundable credits described | 30205 |
| in divisions (A)(31), (32), | 30206 |
| of the Revised Code; | 30207 |
| (iv) For tax year 2008, the greater of the minimum payment | 30208 |
| required under division (E) of section 5733.06 of the Revised Code | 30209 |
| or two-fifths of the difference between all taxes charged the | 30210 |
| corporation under this chapter and any credits allowable against | 30211 |
| such tax except the qualifying pass-through entity tax credit | 30212 |
| described in division (A)(30) and the refundable credits described | 30213 |
| in divisions (A)(31), (32), | 30214 |
| of the Revised Code; | 30215 |
| (v) For tax year 2009, the greater of the minimum payment | 30216 |
| required under division (E) of section 5733.06 of the Revised Code | 30217 |
| or one-fifth of the difference between all taxes charged the | 30218 |
| corporation under this chapter and any credits allowable against | 30219 |
| such tax except the qualifying pass-through entity tax credit | 30220 |
| described in division (A)(30) and the refundable credits described | 30221 |
| in divisions (A)(31), (32), and (33) of section 5733.98 of the | 30222 |
| Revised Code; | 30223 |
| (vi) For tax year 2010 and each tax year thereafter, no tax. | 30224 |
| (b) A corporation shall subtract from the amount calculated | 30225 |
| under division (G)(2)(a)(ii), (iii), (iv), or (v) of this section | 30226 |
| any qualifying pass-through entity tax credit described in | 30227 |
| division (A)(30) and any refundable credits described in divisions | 30228 |
| (A)(31), (32), | 30229 |
| Revised Code to which the corporation is entitled. Any unused | 30230 |
| qualifying pass-through entity tax credit is not refundable. | 30231 |
| (c) For the purposes of computing the amount of a credit that | 30232 |
| may be carried forward to a subsequent tax year under division | 30233 |
| (G)(2) of this section, a credit is utilized against the tax for a | 30234 |
| tax year to the extent the credit applies against the tax for that | 30235 |
| tax year, even if the difference is then multiplied by the | 30236 |
| applicable fraction under division (G)(2)(a) of this section. | 30237 |
| (3) Nothing in division (G) of this section eliminates or | 30238 |
| reduces the tax imposed by section 5733.41 of the Revised Code on | 30239 |
| a qualifying pass-through entity. | 30240 |
| Sec. 5733.352. (A) As used in this section: | 30241 |
| (1) "Borrower" means any person that receives a loan from the | 30242 |
| director of development under section 166.21 of the Revised Code, | 30243 |
| regardless of whether the borrower is subject to the taxes imposed | 30244 |
| by sections 5733.06, 5733.065, and 5733.066 of the Revised Code. | 30245 |
| (2) "Related member" has the same meaning as in section | 30246 |
| 5733.042 of the Revised Code. | 30247 |
| (3) "Qualified research and development loan payments" has | 30248 |
| the same meaning as in division (D) of section 166.21 of the | 30249 |
| Revised Code. | 30250 |
| (B) Beginning with tax year 2004, and in the case of a | 30251 |
| corporation subject to division (G)(2) of section 5733.01 of the | 30252 |
| Revised Code ending with tax year 2008, a nonrefundable credit is | 30253 |
| allowed against the taxes imposed by sections 5733.06, 5733.065, | 30254 |
| and 5733.066 of the Revised Code equal to a borrower's qualified | 30255 |
| research and development loan payments made during the calendar | 30256 |
| year immediately preceding the tax year for which the credit is | 30257 |
| claimed. The amount of the credit for a tax year shall not exceed | 30258 |
| one hundred fifty thousand dollars. No taxpayer is entitled to | 30259 |
| claim a credit under this section unless it has obtained a | 30260 |
| certificate issued by the director of development under division | 30261 |
| (D) of section 166.21 of the Revised Code and submits a copy of | 30262 |
| the certificate with its report for the taxable year. Failure to | 30263 |
| submit a copy of the certificate with the report does not | 30264 |
| invalidate a claim for a credit if the taxpayer submits a copy of | 30265 |
| the certificate within sixty days after the tax commissioner | 30266 |
| requests it. The credit shall be claimed in the order required | 30267 |
| under section 5733.98 of the Revised Code. The credit, to the | 30268 |
| extent it exceeds the taxpayer's tax liability for the tax year | 30269 |
| after allowance for any other credits that precede the credit | 30270 |
| under this section in that order, shall be carried forward to the | 30271 |
| next succeeding tax year or years until fully used. A corporation | 30272 |
| subject to division (G)(2) of section 5733.01 of the Revised Code | 30273 |
| may carry forward any credit not fully utilized by tax year 2008 | 30274 |
| and apply it against the tax levied by Chapter 5751. of the | 30275 |
| Revised Code to the extent allowed under section 5751.52 of the | 30276 |
| Revised Code. | 30277 |
| (C) A borrower entitled to a credit under this section may | 30278 |
| assign the credit, or a portion thereof, to any of the following: | 30279 |
| (1) A related member of that borrower; | 30280 |
| (2) The owner or lessee of the eligible research and | 30281 |
| development project; | 30282 |
| (3) A related member of the owner or lessee of the eligible | 30283 |
| research and development project. | 30284 |
| A borrower making an assignment under this division shall | 30285 |
| provide written notice of the assignment to the tax commissioner | 30286 |
| and the director of development, in such form as the tax | 30287 |
| commissioner prescribes, before the credit that was assigned is | 30288 |
| used. The assignor may not claim the credit to the extent it was | 30289 |
| assigned to an assignee. The assignee may claim the credit only to | 30290 |
| the extent the assignor has not claimed it. | 30291 |
| (D) If any taxpayer is a partner in a partnership or a member | 30292 |
| in a limited liability company treated as a partnership for | 30293 |
| federal income tax purposes, the taxpayer shall be allowed the | 30294 |
| taxpayer's distributive or proportionate share of the credit | 30295 |
| available through the partnership or limited liability company. | 30296 |
| (E) The aggregate credit against the taxes imposed by | 30297 |
| sections 5733.06, 5733.065, 5733.066, and 5747.02 of the Revised | 30298 |
| Code that may be claimed under this section and section 5747.331 | 30299 |
| of the Revised Code by a borrower as a result of qualified | 30300 |
| research and development loan payments attributable during a | 30301 |
| calendar year to any one loan shall not exceed one hundred fifty | 30302 |
| thousand dollars. | 30303 |
| Sec. 5733.56. | 30304 |
| 30305 | |
| program to aid the communicatively impaired in accessing the | 30306 |
| telephone network under section 4905.79 of the Revised Code is | 30307 |
| allowed a nonrefundable credit against the tax imposed by section | 30308 |
| 5733.06 of the Revised Code. The amount of the credit is the cost | 30309 |
| incurred by the | 30310 |
| service program during its taxable year, excluding any costs | 30311 |
| incurred prior to July 1, 2004. | 30312 |
| 30313 | |
| 30314 | |
| 30315 |
| (2) A | 30316 |
| division (A)(1) of this section in the order required by section | 30317 |
| 5733.98 of the Revised Code. If the credit exceeds the total taxes | 30318 |
| due under section 5733.06 of the Revised Code for the tax year, | 30319 |
| after allowance for any other credits preceding this credit in the | 30320 |
| order set forth in section 5733.98 of the Revised Code, the | 30321 |
| commissioner shall credit the excess against taxes due under | 30322 |
| section 5733.06 of the Revised Code for succeeding tax years until | 30323 |
| the full amount of the credit is granted. | 30324 |
| (B) For each of tax years 2006, 2007, and 2008, a taxpayer | 30325 |
| that provides any telephone service program to aid the | 30326 |
| communicatively impaired in accessing the telephone network under | 30327 |
| section 4905.79 of the Revised Code is allowed a refundable credit | 30328 |
| against the tax imposed by section 5733.06 of the Revised Code. | 30329 |
| For each tax year, the amount of the credit is the cost incurred | 30330 |
| by the taxpayer during that tax year's taxable year for providing | 30331 |
| the telephone service program. No cost incurred with respect to | 30332 |
| the credit that is allowable for a tax year shall be considered | 30333 |
| for purposes of computing the credit allowable for any other tax | 30334 |
| year. | 30335 |
| (C) If the tax commissioner ascertains that any credit | 30336 |
| claimed pursuant to this section by a taxpayer was not correct, | 30337 |
| the commissioner shall ascertain the proper credit. No cost | 30338 |
| incurred after December 31, 2007, shall be considered for purposes | 30339 |
| of computing any credit allowed by this section. | 30340 |
|
(D) Nothing in this section authorizes a | 30341 |
| taxpayer to claim a credit under this section for any costs | 30342 |
| incurred | 30343 |
| is either claiming a credit under former section 5727.44 of the | 30344 |
| Revised Code or receiving reimbursement for its costs under any | 30345 |
| other provision of the Revised Code. | 30346 |
| Sec. 5733.98. (A) To provide a uniform procedure for | 30347 |
| calculating the amount of tax imposed by section 5733.06 of the | 30348 |
| Revised Code that is due under this chapter, a taxpayer shall | 30349 |
| claim any credits to which it is entitled in the following order, | 30350 |
| except as otherwise provided in section 5733.058 of the Revised | 30351 |
| Code: | 30352 |
| (1) For tax year 2005, the credit for taxes paid by a | 30353 |
| qualifying pass-through entity allowed under section 5733.0611 of | 30354 |
| the Revised Code; | 30355 |
| (2) The credit allowed for financial institutions under | 30356 |
| section 5733.45 of the Revised Code; | 30357 |
| (3) The credit for qualifying affiliated groups under section | 30358 |
| 5733.068 of the Revised Code; | 30359 |
| (4) The subsidiary corporation credit under section 5733.067 | 30360 |
| of the Revised Code; | 30361 |
| (5) The savings and loan assessment credit under section | 30362 |
| 5733.063 of the Revised Code; | 30363 |
| (6) The credit for recycling and litter prevention donations | 30364 |
| under section 5733.064 of the Revised Code; | 30365 |
| (7) The credit for employers that enter into agreements with | 30366 |
| child day-care centers under section 5733.36 of the Revised Code; | 30367 |
| (8) The credit for employers that reimburse employee child | 30368 |
| care expenses under section 5733.38 of the Revised Code; | 30369 |
| (9) The credit for maintaining railroad active grade crossing | 30370 |
| warning devices under section 5733.43 of the Revised Code; | 30371 |
| (10) The credit for purchases of lights and reflectors under | 30372 |
| section 5733.44 of the Revised Code; | 30373 |
| (11) The job retention credit under division (B) of section | 30374 |
| 5733.0610 of the Revised Code; | 30375 |
| (12) The credit for losses on loans made under the Ohio | 30376 |
| venture capital program under sections 150.01 to 150.10 of the | 30377 |
| Revised Code if the taxpayer elected a nonrefundable credit under | 30378 |
| section 150.07 of the Revised Code; | 30379 |
| (13) The credit for purchases of new manufacturing machinery | 30380 |
| and equipment under section 5733.31 or section 5733.311 of the | 30381 |
| Revised Code; | 30382 |
| (14) The second credit for purchases of new manufacturing | 30383 |
| machinery and equipment under section 5733.33 of the Revised Code; | 30384 |
| (15) The job training credit under section 5733.42 of the | 30385 |
| Revised Code; | 30386 |
| (16) The credit for qualified research expenses under section | 30387 |
| 5733.351 of the Revised Code; | 30388 |
| (17) The enterprise zone credit under section 5709.66 of the | 30389 |
| Revised Code; | 30390 |
| (18) The credit for the eligible costs associated with a | 30391 |
| voluntary action under section 5733.34 of the Revised Code; | 30392 |
| (19) The credit for employers that establish on-site child | 30393 |
| day-care centers under section 5733.37 of the Revised Code; | 30394 |
| (20) The ethanol plant investment credit under section | 30395 |
| 5733.46 of the Revised Code; | 30396 |
| (21) The credit for purchases of qualifying grape production | 30397 |
| property under section 5733.32 of the Revised Code; | 30398 |
| (22) The export sales credit under section 5733.069 of the | 30399 |
| Revised Code; | 30400 |
| (23) The credit for research and development and technology | 30401 |
| transfer investors under section 5733.35 of the Revised Code; | 30402 |
| (24) The enterprise zone credits under section 5709.65 of the | 30403 |
| Revised Code; | 30404 |
| (25) The credit for using Ohio coal under section 5733.39 of | 30405 |
| the Revised Code; | 30406 |
| (26) The credit for small telephone companies under section | 30407 |
| 5733.57 of the Revised Code; | 30408 |
| (27) The credit for eligible nonrecurring 9-1-1 charges under | 30409 |
| section 5733.55 of the Revised Code; | 30410 |
| (28) | 30411 |
| to aid the communicatively impaired under division (A) of section | 30412 |
| 5733.56 of the Revised Code; | 30413 |
| (29) The research and development credit under section | 30414 |
| 5733.352 of the Revised Code; | 30415 |
| (30) For tax years 2006 and subsequent tax years, the credit | 30416 |
| for taxes paid by a qualifying pass-through entity allowed under | 30417 |
| section 5733.0611 of the Revised Code; | 30418 |
| (31) The refundable jobs creation credit under division (A) | 30419 |
| of section 5733.0610 of the Revised Code; | 30420 |
| (32) The refundable credit for tax withheld under division | 30421 |
| (B)(2) of section 5747.062 of the Revised Code; | 30422 |
| (33) The credit for losses on loans made to the Ohio venture | 30423 |
| capital program under sections 150.01 to 150.10 of the Revised | 30424 |
| Code if the taxpayer elected a refundable credit under section | 30425 |
| 150.07 of the Revised Code; | 30426 |
| (34) For tax years 2006, 2007, and 2008, the refundable | 30427 |
| credit allowable under division (B) of section 5733.56 of the | 30428 |
| Revised Code. | 30429 |
| (B) For any credit except the credits enumerated in divisions | 30430 |
| (A) (31), (32), | 30431 |
| the credit for a tax year shall not exceed the tax due after | 30432 |
| allowing for any other credit that precedes it in the order | 30433 |
| required under this section. Any excess amount of a particular | 30434 |
| credit may be carried forward if authorized under the section | 30435 |
| creating that credit. | 30436 |
| Sec. 5735.27. (A) There is hereby created in the state | 30437 |
| treasury the gasoline excise tax fund, which shall be distributed | 30438 |
| in the following manner: | 30439 |
| (1) The amount credited pursuant to divisions (B)(2)(a) and | 30440 |
| (C)(2)(a) of section 5735.23 of the Revised Code shall be | 30441 |
| distributed among municipal corporations. The amount paid to each | 30442 |
| municipal corporation shall be that proportion of the amount to be | 30443 |
| so distributed that the number of motor vehicles registered within | 30444 |
| the municipal corporation bears to the total number of motor | 30445 |
| vehicles registered within all the municipal corporations of this | 30446 |
| state during the preceding motor vehicle registration year. When a | 30447 |
| new village is incorporated, the registrar of motor vehicles shall | 30448 |
| determine from the applications on file in the bureau of motor | 30449 |
| vehicles the number of motor vehicles located within the territory | 30450 |
| comprising the village during the entire registration year in | 30451 |
| which the municipal corporation was incorporated. The registrar | 30452 |
| shall forthwith certify the number of motor vehicles so determined | 30453 |
| to the tax commissioner for use in distributing motor vehicle fuel | 30454 |
| tax funds to the village until the village is qualified to | 30455 |
| participate in the distribution of the funds pursuant to this | 30456 |
| division. The number of motor vehicle registrations shall be | 30457 |
| determined by the official records of the bureau of motor | 30458 |
| vehicles. The amount received by each municipal corporation shall | 30459 |
| be used to plan, construct, reconstruct, repave, widen, maintain, | 30460 |
| repair, clear, and clean public highways, roads, and streets; to | 30461 |
| maintain and repair bridges and viaducts; to purchase, erect, and | 30462 |
| maintain street and traffic signs and markers; to pay the costs | 30463 |
| apportioned to the municipal corporation under section 4907.47 of | 30464 |
| the Revised Code; to purchase, erect, and maintain traffic lights | 30465 |
| and signals; to pay the principal, interest, and charges on bonds | 30466 |
| and other obligations issued pursuant to Chapter 133. of the | 30467 |
| Revised Code or incurred pursuant to section 5531.09 of the | 30468 |
| Revised Code for the purpose of acquiring or constructing roads, | 30469 |
| highways, bridges, or viaducts or acquiring or making other | 30470 |
| highway improvements for which the municipal corporation may issue | 30471 |
| bonds; and to supplement revenue already available for these | 30472 |
| purposes. | 30473 |
| (2) The amount credited pursuant to division (B) of section | 30474 |
| 5735.26 of the Revised Code shall be distributed among the | 30475 |
| municipal corporations within the state, in the proportion which | 30476 |
| the number of motor vehicles registered within each municipal | 30477 |
| corporation bears to the total number of motor vehicles registered | 30478 |
| within all the municipal corporations of the state during the | 30479 |
| preceding calendar year, as shown by the official records of the | 30480 |
| bureau of motor vehicles, and shall be expended by each municipal | 30481 |
| corporation to plan, construct, reconstruct, repave, widen, | 30482 |
| maintain, repair, clear, and clean public highways, roads and | 30483 |
| streets; to maintain and repair bridges and viaducts; to purchase, | 30484 |
| erect, and maintain street and traffic signs and markers; to | 30485 |
| purchase, erect, and maintain traffic lights and signals; to pay | 30486 |
| costs apportioned to the municipal corporation under section | 30487 |
| 4907.47 of the Revised Code; to pay the principal, interest, and | 30488 |
| charges on bonds and other obligations issued pursuant to Chapter | 30489 |
| 133. of the Revised Code or incurred pursuant to section 5531.09 | 30490 |
| of the Revised Code for the purpose of acquiring or constructing | 30491 |
| roads, highways, bridges, or viaducts or acquiring or making other | 30492 |
| highway improvements for which the municipal corporation may issue | 30493 |
| bonds; and to supplement revenue already available for these | 30494 |
| purposes. | 30495 |
| (3) The amount credited pursuant to divisions (B)(2)(b) and | 30496 |
| (C)(2)(c) of section 5735.23 of the Revised Code shall be paid in | 30497 |
| equal proportions to the county treasurer of each county within | 30498 |
| the state and shall be used only for the purposes of planning, | 30499 |
| maintaining, and repairing the county system of public roads and | 30500 |
| highways within the county; the planning, construction, and repair | 30501 |
| of walks or paths along county roads in congested areas; the | 30502 |
| planning, construction, purchase, lease, and maintenance of | 30503 |
| suitable buildings for the housing and repair of county road | 30504 |
| machinery, housing of supplies, and housing of personnel | 30505 |
| associated with the machinery and supplies; the payment of costs | 30506 |
| apportioned to the county under section 4907.47 of the Revised | 30507 |
| Code; the payment of principal, interest, and charges on bonds and | 30508 |
| other obligations issued pursuant to Chapter 133. of the Revised | 30509 |
| Code or incurred pursuant to section 5531.09 of the Revised Code | 30510 |
| for the purpose of acquiring or constructing roads, highways, | 30511 |
| bridges, or viaducts or acquiring or making other highway | 30512 |
| improvements for which the board of county commissioners may issue | 30513 |
| bonds under that chapter; and the purchase, installation, and | 30514 |
| maintenance of traffic signal lights. | 30515 |
| (4) The amount credited pursuant to division (C) of section | 30516 |
| 5735.26 of the Revised Code shall be paid in equal proportions to | 30517 |
| the county treasurer of each county for the purposes of planning, | 30518 |
| maintaining, constructing, widening, and reconstructing the county | 30519 |
| system of public roads and highways; paying principal, interest, | 30520 |
| and charges on bonds and other obligations issued pursuant to | 30521 |
| Chapter 133. of the Revised Code or incurred pursuant to section | 30522 |
| 5531.09 of the Revised Code for the purpose of acquiring or | 30523 |
| constructing roads, highways, bridges, or viaducts or acquiring or | 30524 |
| making other highway improvements for which the board of county | 30525 |
| commissioners may issue bonds under that chapter; and paying costs | 30526 |
| apportioned to the county under section 4907.47 of the Revised | 30527 |
| Code. | 30528 |
| (5)(a) The amount credited pursuant to division (D) of | 30529 |
| section 5735.26 and division (C)(2)(b) of section 5735.23 of the | 30530 |
| Revised Code shall be divided in equal proportions among the | 30531 |
| townships within the state. | 30532 |
| (b) As used in division (A)(5)(b) of this section, the | 30533 |
| "formula amount" for any township is the amount that would be | 30534 |
| allocated to that township if fifty per cent of the amount | 30535 |
| credited to townships pursuant to section 5735.291 of the Revised | 30536 |
| Code were allocated among townships in the state proportionate to | 30537 |
| the number of lane miles within the boundaries of the respective | 30538 |
| townships, as determined annually by the department of | 30539 |
| transportation, and the other fifty per cent of the amount | 30540 |
| credited pursuant to section 5735.291 of the Revised Code were | 30541 |
| allocated among townships in the state proportionate to the number | 30542 |
| of motor vehicles registered within the respective townships, as | 30543 |
| determined annually by the records of the bureau of motor | 30544 |
| vehicles. | 30545 |
| Beginning on August 15, 2003, the tax levied by section | 30546 |
| 5735.29 of the Revised Code shall be partially allocated to | 30547 |
| provide funding for townships. Each township shall receive the | 30548 |
| greater of the following two calculations: | 30549 |
| (i) The total statewide amount credited to townships under | 30550 |
| division (A) of section 5735.291 of the Revised Code divided by | 30551 |
| the number of townships in the state at the time of the | 30552 |
| calculation; | 30553 |
| (ii) Seventy per cent of the formula amount for that | 30554 |
| township. | 30555 |
| (c) The total difference between the amount of money credited | 30556 |
| to townships under division (A) of section 5735.291 of the Revised | 30557 |
| Code and the total amount of money required to make all the | 30558 |
| payments specified in division (A)(5)(b) of this section shall be | 30559 |
| deducted, in accordance with division (B) of section 5735.291 of | 30560 |
| the Revised Code, from the revenues resulting from the tax levied | 30561 |
| pursuant to section 5735.29 of the Revised Code prior to crediting | 30562 |
| portions of such revenues to counties, municipal corporations, and | 30563 |
| the highway operating fund. | 30564 |
| (d) All amounts credited pursuant to divisions (A)(5)(a) and | 30565 |
| (b) of this section shall be paid to the county treasurer of each | 30566 |
| county for the total amount payable to the townships within each | 30567 |
| of the counties. The county treasurer shall pay to each township | 30568 |
| within the county its proportional share of the funds, which | 30569 |
| shall be expended by each
township | 30570 |
| the purposes of planning, constructing, maintaining, widening, and | 30571 |
| reconstructing the public roads and highways within the township, | 30572 |
| paying principal, interest, and charges on obligations incurred | 30573 |
| pursuant to section 5531.09 of the Revised Code, and paying costs | 30574 |
| apportioned to the township under section 4907.47 of the Revised | 30575 |
| Code. | 30576 |
| No part of the funds designated for road and highway purposes | 30577 |
| shall be used for any purpose except to pay in whole or part the | 30578 |
| contract price of any such work done by contract, or to pay the | 30579 |
| cost of labor in planning, constructing, widening, and | 30580 |
| reconstructing such roads and highways, and the cost of materials | 30581 |
| forming a part of the improvement; provided that the funds may be | 30582 |
| used for the purchase of road machinery and equipment and for the | 30583 |
| planning, construction, and maintenance of suitable buildings for | 30584 |
| housing road machinery and equipment, and that all such | 30585 |
| improvement of roads shall be under supervision and direction of | 30586 |
| the county engineer as provided in section 5575.07 of the Revised | 30587 |
| Code. No obligation against the funds shall be incurred unless | 30588 |
| plans and specifications for the improvement, approved by the | 30589 |
| county engineer, are on file in the office of the township fiscal | 30590 |
| officer, and all contracts for material and for work done by | 30591 |
| contract shall be approved by the county engineer before being | 30592 |
| signed by the board of township trustees. The board of township | 30593 |
| trustees of any township may pass a resolution permitting the | 30594 |
| board of county commissioners to expend the township's share of | 30595 |
| the funds, or any portion of it, for the improvement of the roads | 30596 |
| within the township as may be designated in the resolution. | 30597 |
| All investment earnings of the fund shall be credited to the | 30598 |
| fund. | 30599 |
| (B) Amounts credited to the highway operating fund pursuant | 30600 |
| to divisions (B)(2)(c) and (C)(2)(d) of section 5735.23 and | 30601 |
| division (A) of section 5735.26 of the Revised Code shall be | 30602 |
| expended in the following manner: | 30603 |
| (1) The amount credited pursuant to divisions (B)(2)(c) and | 30604 |
| (C)(2)(d) of section 5735.23 of the Revised Code shall be | 30605 |
| apportioned to and expended by the department of transportation | 30606 |
| for the purposes of planning, maintaining, repairing, and keeping | 30607 |
| in passable condition for travel the roads and highways of the | 30608 |
| state required by law to be maintained by the department; paying | 30609 |
| the costs apportioned to the state under section 4907.47 of the | 30610 |
| Revised Code; paying that portion of the construction cost of a | 30611 |
| highway project which a county, township, or municipal corporation | 30612 |
| normally would be required to pay, but which the director of | 30613 |
| transportation, pursuant to division (B) of section 5531.08 of the | 30614 |
| Revised Code, determines instead will be paid from moneys in the | 30615 |
| highway operating fund; and paying the costs of the department of | 30616 |
| public safety in administering and enforcing the state law | 30617 |
| relating to the registration and operation of motor vehicles. | 30618 |
| (2) The amount credited pursuant to division (A) of section | 30619 |
| 5735.26 of the Revised Code shall be used for paying the state's | 30620 |
| share of the cost of planning, constructing, widening, | 30621 |
| maintaining, and reconstructing the state highways; paying that | 30622 |
| portion of the construction cost of a highway project which a | 30623 |
| county, township, or municipal corporation normally would be | 30624 |
| required to pay, but which the director of transportation, | 30625 |
| pursuant to division (B) of section 5531.08 of the Revised Code, | 30626 |
| determines instead will be paid from moneys in the highway | 30627 |
| operating fund; and also for supplying the state's share of the | 30628 |
| cost of eliminating railway grade crossings upon such highways and | 30629 |
| costs apportioned to the state under section 4907.47 of the | 30630 |
| Revised Code. The director of transportation may expend portions | 30631 |
| of such amount upon extensions of state highways within municipal | 30632 |
| corporations or upon portions of state highways within municipal | 30633 |
| corporations, as is provided by law. | 30634 |
| Sec. 5739.011. (A) As used in this section: | 30635 |
| (1) "Manufacturer" means a person who is engaged in | 30636 |
| manufacturing, processing, assembling, or refining a product for | 30637 |
| sale and, solely for the purposes of division (B)(12) of this | 30638 |
| section, a person who meets all the qualifications of that | 30639 |
| division. | 30640 |
| (2) "Manufacturing facility" means a single location where a | 30641 |
| manufacturing operation is conducted, including locations | 30642 |
| consisting of one or more buildings or structures in a contiguous | 30643 |
| area owned or controlled by the manufacturer. | 30644 |
| (3) "Materials handling" means the movement of the product | 30645 |
| being or to be manufactured, during which movement the product is | 30646 |
| not undergoing any substantial change or alteration in its state | 30647 |
| or form. | 30648 |
| (4) "Testing" means a process or procedure to identify the | 30649 |
| properties or assure the quality of a material or product. | 30650 |
| (5) "Completed product" means a manufactured item that is in | 30651 |
| the form and condition as it will be sold by the manufacturer. An | 30652 |
| item is completed when all processes that change or alter its | 30653 |
| state or form or enhance its value are finished, even though the | 30654 |
| item subsequently will be tested to ensure its quality or be | 30655 |
| packaged for storage or shipment. | 30656 |
| (6) "Continuous manufacturing operation" means the process in | 30657 |
| which raw materials or components are moved through the steps | 30658 |
| whereby manufacturing occurs. Materials handling of raw materials | 30659 |
| or parts from the point of receipt or preproduction storage or of | 30660 |
| a completed product, to or from storage, to or from packaging, or | 30661 |
| to the place from which the completed product will be shipped, is | 30662 |
| not a part of a continuous manufacturing operation. | 30663 |
| (B) For purposes of division (B) | 30664 |
| 5739.02 of the Revised Code, the "thing transferred" includes, but | 30665 |
| is not limited to, any of the following: | 30666 |
| (1) Production machinery and equipment that act upon the | 30667 |
| product or machinery and equipment that treat the materials or | 30668 |
| parts in preparation for the manufacturing operation; | 30669 |
| (2) Materials handling equipment that moves the product | 30670 |
| through a continuous manufacturing operation; equipment that | 30671 |
| temporarily stores the product during the manufacturing operation; | 30672 |
| or, excluding motor vehicles licensed to operate on public | 30673 |
| highways, equipment used in intraplant or interplant transfers of | 30674 |
| work in process where the plant or plants between which such | 30675 |
| transfers occur are manufacturing facilities operated by the same | 30676 |
| person; | 30677 |
| (3) Catalysts, solvents, water, acids, oil, and similar | 30678 |
| consumables that interact with the product and that are an | 30679 |
| integral part of the manufacturing operation; | 30680 |
| (4) Machinery, equipment, and other tangible personal | 30681 |
| property used during the manufacturing operation that control, | 30682 |
| physically support, produce power for, lubricate, or are otherwise | 30683 |
| necessary for the functioning of production machinery and | 30684 |
| equipment and the continuation of the manufacturing operation; | 30685 |
| (5) Machinery, equipment, fuel, power, material, parts, and | 30686 |
| other tangible personal property used to manufacture machinery, | 30687 |
| equipment, or other tangible personal property used in | 30688 |
| manufacturing a product for sale; | 30689 |
| (6) Machinery, equipment, and other tangible personal | 30690 |
| property used by a manufacturer to test raw materials, the product | 30691 |
| being manufactured, or the completed product; | 30692 |
| (7) Machinery and equipment used to handle or temporarily | 30693 |
| store scrap that is intended to be reused in the manufacturing | 30694 |
| operation at the same manufacturing facility; | 30695 |
| (8) Coke, gas, water, steam, and similar substances used in | 30696 |
| the manufacturing operation; machinery and equipment used for, and | 30697 |
| fuel consumed in, producing or extracting those substances; | 30698 |
| machinery, equipment, and other tangible personal property used to | 30699 |
| treat, filter, pump, or otherwise make the substance suitable for | 30700 |
| use in the manufacturing operation; and machinery and equipment | 30701 |
| used for, and fuel consumed in, producing electricity for use in | 30702 |
| the manufacturing operation; | 30703 |
| (9) Machinery, equipment, and other tangible personal | 30704 |
| property used to transport or transmit electricity, coke, gas, | 30705 |
| water, steam, or similar substances used in the manufacturing | 30706 |
| operation from the point of generation, if produced by the | 30707 |
| manufacturer, or from the point where the substance enters the | 30708 |
| manufacturing facility, if purchased by the manufacturer, to the | 30709 |
| manufacturing operation; | 30710 |
| (10) Machinery, equipment, and other tangible personal | 30711 |
| property that treats, filters, cools, refines, or otherwise | 30712 |
| renders water, steam, acid, oil, solvents, or similar substances | 30713 |
| used in the manufacturing operation reusable, provided that the | 30714 |
| substances are intended for reuse and not for disposal, sale, or | 30715 |
| transportation from the manufacturing facility; | 30716 |
| (11) Parts, components, and repair and installation services | 30717 |
| for items described in division (B) of this section; | 30718 |
| (12) Machinery and equipment, detergents, supplies, solvents, | 30719 |
| and any other tangible personal property located at a | 30720 |
| manufacturing facility that are used in the process of removing | 30721 |
| soil, dirt, or other contaminants from, or otherwise preparing in | 30722 |
| a suitable condition for use, towels, linens, articles of | 30723 |
| clothing, floor mats, mop heads, or other similar items, to be | 30724 |
| supplied to a consumer as part of laundry and dry cleaning | 30725 |
| services as defined in division (BB) of section 5739.01 of the | 30726 |
| Revised Code, only when the towels, linens, articles of clothing, | 30727 |
| floor mats, mop heads, or other similar items belong to the | 30728 |
| provider of the services. | 30729 |
| (C) For purposes of division (B) | 30730 |
| 5739.02 of the Revised Code, the "thing transferred" does not | 30731 |
| include any of the following: | 30732 |
| (1) Tangible personal property used in administrative, | 30733 |
| personnel, security, inventory control, record-keeping, ordering, | 30734 |
| billing, or similar functions; | 30735 |
| (2) Tangible personal property used in storing raw materials | 30736 |
| or parts prior to the commencement of the manufacturing operation | 30737 |
| or used to handle or store a completed product, including storage | 30738 |
| that actively maintains a completed product in a marketable state | 30739 |
| or form; | 30740 |
| (3) Tangible personal property used to handle or store scrap | 30741 |
| or waste intended for disposal, sale, or other disposition, other | 30742 |
| than reuse in the manufacturing operation at the same | 30743 |
| manufacturing facility; | 30744 |
| (4) Tangible personal property that is or is to be | 30745 |
| incorporated into realty; | 30746 |
| (5) Machinery, equipment, and other tangible personal | 30747 |
| property used for ventilation, dust or gas collection, humidity or | 30748 |
| temperature regulation, or similar environmental control, except | 30749 |
| machinery, equipment, and other tangible personal property that | 30750 |
| totally regulates the environment in a special and limited area of | 30751 |
| the manufacturing facility where the regulation is essential for | 30752 |
| production to occur; | 30753 |
| (6) Tangible personal property used for the protection and | 30754 |
| safety of workers, unless the property is attached to or | 30755 |
| incorporated into machinery and equipment used in a continuous | 30756 |
| manufacturing operation; | 30757 |
| (7) Tangible personal property used to store fuel, water, | 30758 |
| solvents, acid, oil, or similar items consumed in the | 30759 |
| manufacturing operation; | 30760 |
| (8) Machinery, equipment, and other tangible personal | 30761 |
| property used to clean, repair, or maintain real or personal | 30762 |
| property in the manufacturing facility; | 30763 |
| (9) Motor vehicles registered for operation on public | 30764 |
| highways. | 30765 |
| (D) For purposes of division (B) | 30766 |
| 5739.02 of the Revised Code, if the "thing transferred" is a | 30767 |
| machine used by a manufacturer in both a taxable and an exempt | 30768 |
| manner, it shall be totally taxable or totally exempt from | 30769 |
| taxation based upon its quantified primary use. If the "things | 30770 |
| transferred" are fungibles, they shall be taxed based upon the | 30771 |
| proportion of the fungibles used in a taxable manner. | 30772 |
| Sec. 5739.026. (A) A board of county commissioners may levy | 30773 |
| a tax of one-fourth or one-half of one per cent on every retail | 30774 |
| sale in the county, except sales of watercraft and outboard motors | 30775 |
| required to be titled pursuant to Chapter 1548. of the Revised | 30776 |
| Code and sales of motor vehicles, and may increase an existing | 30777 |
| rate of one-fourth of one per cent to one-half of one per cent, to | 30778 |
| pay the expenses of administering the tax and, except as provided | 30779 |
| in division (A)(6) of this section, for any one or more of the | 30780 |
| following purposes provided that the aggregate levy for all such | 30781 |
| purposes does not exceed one-half of one per cent: | 30782 |
| (1) To provide additional revenues for the payment of bonds | 30783 |
| or notes issued in anticipation of bonds issued by a convention | 30784 |
| facilities authority established by the board of county | 30785 |
| commissioners under Chapter 351. of the Revised Code and to | 30786 |
| provide additional operating revenues for the convention | 30787 |
| facilities authority; | 30788 |
| (2) To provide additional revenues for a transit authority | 30789 |
| operating in the county; | 30790 |
| (3) To provide additional revenue for the county's general | 30791 |
| fund; | 30792 |
| (4) To provide additional revenue for permanent improvements | 30793 |
| within the county to be distributed by the community improvements | 30794 |
| board in accordance with section 307.283 and to pay principal, | 30795 |
| interest, and premium on bonds issued under section 307.284 of the | 30796 |
| Revised Code; | 30797 |
| (5) To provide additional revenue for the acquisition, | 30798 |
| construction, equipping, or repair of any specific permanent | 30799 |
| improvement or any class or group of permanent improvements, which | 30800 |
| improvement or class or group of improvements shall be enumerated | 30801 |
| in the resolution required by division (D) of this section, and to | 30802 |
| pay principal, interest, premium, and other costs associated with | 30803 |
| the issuance of bonds or notes in anticipation of bonds issued | 30804 |
| pursuant to Chapter 133. of the Revised Code for the acquisition, | 30805 |
| construction, equipping, or repair of the specific permanent | 30806 |
| improvement or class or group of permanent improvements; | 30807 |
| (6) To provide revenue for the implementation and operation | 30808 |
| of a 9-1-1 system in the county. If the tax is levied or the rate | 30809 |
| increased exclusively for such purpose, the tax shall not be | 30810 |
| levied or the rate increased for more than five years. At the end | 30811 |
| of the last year the tax is levied or the rate increased, any | 30812 |
| balance remaining in the special fund established for such purpose | 30813 |
| shall remain in that fund and be used exclusively for such purpose | 30814 |
| until the fund is completely expended, and, notwithstanding | 30815 |
| section 5705.16 of the Revised Code, the board of county | 30816 |
| commissioners shall not petition for the transfer of money from | 30817 |
| such special fund, and the tax commissioner shall not approve such | 30818 |
| a petition. | 30819 |
| If the tax is levied or the rate increased for such purpose | 30820 |
| for more than five years, the board of county commissioners also | 30821 |
| shall levy the tax or increase the rate of the tax for one or more | 30822 |
| of the purposes described in divisions (A)(1) to (5) of this | 30823 |
| section and shall prescribe the method for allocating the revenues | 30824 |
| from the tax each year in the manner required by division (C) of | 30825 |
| this section. | 30826 |
| (7) To provide additional revenue for the operation or | 30827 |
| maintenance of a detention facility, as that term is defined under | 30828 |
| division (F) of section 2921.01 of the Revised Code; | 30829 |
| (8) To provide revenue to finance the construction or | 30830 |
| renovation of a sports facility, but only if the tax is levied for | 30831 |
| that purpose in the manner prescribed by section 5739.028 of the | 30832 |
| Revised Code. | 30833 |
| As used in division (A)(8) of this section: | 30834 |
| (a) "Sports facility" means a facility intended to house | 30835 |
| major league professional athletic teams. | 30836 |
| (b) "Constructing" or "construction" includes providing | 30837 |
| fixtures, furnishings, and equipment. | 30838 |
| (9) To provide additional revenue for the acquisition of | 30839 |
| agricultural easements, as defined in section 5301.67 of the | 30840 |
| Revised Code; to pay principal, interest, and premium on bonds | 30841 |
| issued under section 133.60 of the Revised Code; and for the | 30842 |
| supervision and enforcement of agricultural easements held by the | 30843 |
| county; | 30844 |
| (10) To provide revenue for the provision of ambulance, | 30845 |
| paramedic, or other emergency medical services. | 30846 |
| Pursuant to section 755.171 of the Revised Code, a board of | 30847 |
| county commissioners may pledge and contribute revenue from a tax | 30848 |
| levied for the purpose of division (A)(5) of this section to the | 30849 |
| payment of debt charges on bonds issued under section 755.17 of | 30850 |
| the Revised Code. | 30851 |
| The rate of tax shall be a multiple of one-fourth of one per | 30852 |
| cent, unless a portion of the rate of an existing tax levied under | 30853 |
| section 5739.023 of the Revised Code has been reduced, and the | 30854 |
| rate of tax levied under this section has been increased, pursuant | 30855 |
| to section 5739.028 of the Revised Code, in which case the | 30856 |
| aggregate of the rates of tax levied under this section and | 30857 |
| section 5739.023 of the Revised Code shall be a multiple of | 30858 |
| one-fourth of one per cent. The tax shall be levied and the rate | 30859 |
| increased pursuant to a resolution adopted by a majority of the | 30860 |
| members of the board. The board shall deliver a certified copy of | 30861 |
| the resolution to the tax commissioner, not later than the | 30862 |
| sixty-fifth day prior to the date on which the tax is to become | 30863 |
| effective, which shall be the first day of a calendar quarter. | 30864 |
| Prior to the adoption of any resolution to levy the tax or to | 30865 |
| increase the rate of tax exclusively for the purpose set forth in | 30866 |
| division (A)(3) of this section, the board of county commissioners | 30867 |
| shall conduct two public hearings on the resolution, the second | 30868 |
| hearing to be no fewer than three nor more than ten days after the | 30869 |
| first. Notice of the date, time, and place of the hearings shall | 30870 |
| be given by publication in a newspaper of general circulation in | 30871 |
| the county once a week on the same day of the week for two | 30872 |
| consecutive weeks, the second publication being no fewer than ten | 30873 |
| nor more than thirty days prior to the first hearing. Except as | 30874 |
| provided in division (E) of this section, the resolution shall be | 30875 |
| subject to a referendum as provided in sections 305.31 to 305.41 | 30876 |
| of the Revised Code. | 30877 |
| 30878 | |
| 30879 | |
| 30880 | |
| 30881 | |
| 30882 | |
| necessary for the immediate preservation of the public peace, | 30883 |
| health, or safety, it must receive an affirmative vote of all of | 30884 |
| the members of the board of county commissioners and shall state | 30885 |
| the reasons for the necessity. | 30886 |
| If the tax is for more than one of the purposes set forth in | 30887 |
| divisions (A)(1) to (7), (9), and (10) of this section, or is | 30888 |
| exclusively for one of the purposes set forth in division (A)(1), | 30889 |
| (2), (4), (5), (6), (7), (9), or (10) of this section, the | 30890 |
| resolution shall not go into effect unless it is approved by a | 30891 |
| majority of the electors voting on the question of the tax. | 30892 |
| (B) The board of county commissioners shall adopt a | 30893 |
| resolution under section 351.02 of the Revised Code creating the | 30894 |
| convention facilities authority, or under section 307.283 of the | 30895 |
| Revised Code creating the community improvements board, before | 30896 |
| adopting a resolution levying a tax for the purpose of a | 30897 |
| convention facilities authority under division (A)(1) of this | 30898 |
| section or for the purpose of a community improvements board under | 30899 |
| division (A)(4) of this section. | 30900 |
| (C)(1) If the tax is to be used for more than one of the | 30901 |
| purposes set forth in divisions (A)(1) to (7), (9), and (10) of | 30902 |
| this section, the board of county commissioners shall establish | 30903 |
| the method that will be used to determine the amount or proportion | 30904 |
| of the tax revenue received by the county during each year that | 30905 |
| will be distributed for each of those purposes, including, if | 30906 |
| applicable, provisions governing the reallocation of a convention | 30907 |
| facilities authority's allocation if the authority is dissolved | 30908 |
| while the tax is in effect. The allocation method may provide that | 30909 |
| different proportions or amounts of the tax shall be distributed | 30910 |
| among the purposes in different years, but it shall clearly | 30911 |
| describe the method that will be used for each year. Except as | 30912 |
| otherwise provided in division (C)(2) of this section, the | 30913 |
| allocation method established by the board is not subject to | 30914 |
| amendment during the life of the tax. | 30915 |
| (2) Subsequent to holding a public hearing on the proposed | 30916 |
| amendment, the board of county commissioners may amend the | 30917 |
| allocation method established under division (C)(1) of this | 30918 |
| section for any year, if the amendment is approved by the | 30919 |
| governing board of each entity whose allocation for the year would | 30920 |
| be reduced by the proposed amendment. In the case of a tax that is | 30921 |
| levied for a continuing period of time, the board may not so amend | 30922 |
| the allocation method for any year before the sixth year that the | 30923 |
| tax is in effect. | 30924 |
| (a) If the additional revenues provided to the convention | 30925 |
| facilities authority are pledged by the authority for the payment | 30926 |
| of convention facilities authority revenue bonds for as long as | 30927 |
| such bonds are outstanding, no reduction of the authority's | 30928 |
| allocation of the tax shall be made for any year except to the | 30929 |
| extent that the reduced authority allocation, when combined with | 30930 |
| the authority's other revenues pledged for that purpose, is | 30931 |
| sufficient to meet the debt service requirements for that year on | 30932 |
| such bonds. | 30933 |
| (b) If the additional revenues provided to the county are | 30934 |
| pledged by the county for the payment of bonds or notes described | 30935 |
| in division (A)(4) or (5) of this section, for as long as such | 30936 |
| bonds or notes are outstanding, no reduction of the county's or | 30937 |
| the community improvements board's allocation of the tax shall be | 30938 |
| made for any year, except to the extent that the reduced county or | 30939 |
| community improvements board allocation is sufficient to meet the | 30940 |
| debt service requirements for that year on such bonds or notes. | 30941 |
| (c) If the additional revenues provided to the transit | 30942 |
| authority are pledged by the authority for the payment of revenue | 30943 |
| bonds issued under section 306.37 of the Revised Code, for as long | 30944 |
| as such bonds are outstanding, no reduction of the authority's | 30945 |
| allocation of tax shall be made for any year, except to the extent | 30946 |
| that the authority's reduced allocation, when combined with the | 30947 |
| authority's other revenues pledged for that purpose, is sufficient | 30948 |
| to meet the debt service requirements for that year on such bonds. | 30949 |
| (d) If the additional revenues provided to the county are | 30950 |
| pledged by the county for the payment of bonds or notes issued | 30951 |
| under section 133.60 of the Revised Code, for so long as the bonds | 30952 |
| or notes are outstanding, no reduction of the county's allocation | 30953 |
| of the tax shall be made for any year, except to the extent that | 30954 |
| the reduced county allocation is sufficient to meet the debt | 30955 |
| service requirements for that year on the bonds or notes. | 30956 |
| (D)(1) The resolution levying the tax or increasing the rate | 30957 |
| of tax shall state the rate of the tax or the rate of the | 30958 |
| increase; the purpose or purposes for which it is to be levied; | 30959 |
| the number of years for which it is to be levied or that it is for | 30960 |
| a continuing period of time; the allocation method required by | 30961 |
| division (C) of this section; and if required to be submitted to | 30962 |
| the electors of the county under division (A) of this section, the | 30963 |
| date of the election at which the proposal shall be submitted to | 30964 |
| the electors of the county, which shall be not less than | 30965 |
| seventy-five days after the certification of a copy of the | 30966 |
| resolution to the board of elections and, if the tax is to be | 30967 |
| levied exclusively for the purpose set forth in division (A)(3) of | 30968 |
| this section, shall not occur in February or August of any year. | 30969 |
| Upon certification of the resolution to the board of elections, | 30970 |
| the board of county commissioners shall notify the tax | 30971 |
| commissioner in writing of the levy question to be submitted to | 30972 |
| the electors. If approved by a majority of the electors, the tax | 30973 |
| shall become effective on the first day of a calendar quarter next | 30974 |
| following the sixty-fifth day following the date the board of | 30975 |
| county commissioners and tax commissioner receive from the board | 30976 |
| of elections the certification of the results of the election, | 30977 |
| except as provided in division (E) of this section. | 30978 |
| (2)(a) A resolution specifying that the tax is to be used | 30979 |
| exclusively for the purpose set forth in division (A)(3) of this | 30980 |
| section that is not adopted as an emergency measure may direct the | 30981 |
| board of elections to submit the question of levying the tax or | 30982 |
| increasing the rate of the tax to the electors of the county at a | 30983 |
| special election held on the date specified by the board of county | 30984 |
| commissioners in the resolution, provided that the election occurs | 30985 |
| not less than seventy-five days after the resolution is certified | 30986 |
| to the board of elections and the election is not held in February | 30987 |
| or August of any year. Upon certification of the resolution to the | 30988 |
| board of elections, the board of county commissioners shall notify | 30989 |
| the tax commissioner in writing of the levy question to be | 30990 |
| submitted to the electors. No resolution adopted under division | 30991 |
| (D)(2)(a) of this section shall go into effect unless approved by | 30992 |
| a majority of those voting upon it and, except as provided in | 30993 |
| division (E) of this section, not until the first day of a | 30994 |
| calendar quarter following the expiration of sixty-five days from | 30995 |
| the date the tax commissioner receives notice from the board of | 30996 |
| elections of the affirmative vote. | 30997 |
| (b) A resolution specifying that the tax is to be used | 30998 |
| exclusively for the purpose set forth in division (A)(3) of this | 30999 |
| section that is adopted as an emergency measure shall become | 31000 |
| effective as provided in division (A) of this section, but may | 31001 |
| direct the board of elections to submit the question of repealing | 31002 |
| the tax or increase in the rate of the tax to the electors of the | 31003 |
| county at the next general election in the county occurring not | 31004 |
| less than seventy-five days after the resolution is certified to | 31005 |
| the board of elections. Upon certification of the resolution to | 31006 |
| the board of elections, the board of county commissioners shall | 31007 |
| notify the tax commissioner in writing of the levy question to be | 31008 |
| submitted to the electors. The ballot question shall be the same | 31009 |
| as that prescribed in section 5739.022 of the Revised Code. The | 31010 |
| board of elections shall notify the board of county commissioners | 31011 |
| and the tax commissioner of the result of the election immediately | 31012 |
| after the result has been declared. If a majority of the qualified | 31013 |
| electors voting on the question of repealing the tax or increase | 31014 |
| in the rate of the tax vote for repeal of the tax or repeal of the | 31015 |
| increase, the board of county commissioners, on the first day of a | 31016 |
| calendar quarter following the expiration of sixty-five days after | 31017 |
| the date the board and tax commissioner received notice of the | 31018 |
| result of the election, shall, in the case of a repeal of the tax, | 31019 |
| cease to levy the tax, or, in the case of a repeal of an increase | 31020 |
| in the rate of the tax, cease to levy the increased rate and levy | 31021 |
| the tax at the rate at which it was imposed immediately prior to | 31022 |
| the increase in rate. | 31023 |
| (c) A board of county commissioners, by resolution, may | 31024 |
| reduce the rate of a tax levied exclusively for the purpose set | 31025 |
| forth in division (A)(3) of this section to a lower rate | 31026 |
| authorized by this section. Any such reduction shall be made | 31027 |
| effective on the first day of the calendar quarter next following | 31028 |
| the sixty-fifth day after the tax commissioner receives a | 31029 |
| certified copy of the resolution from the board. | 31030 |
| (E) If a vendor that is registered with the central | 31031 |
| electronic registration system provided for in section 5740.05 of | 31032 |
| the Revised Code makes a sale in this state by printed catalog and | 31033 |
| the consumer computed the tax on the sale based on local rates | 31034 |
| published in the catalog, any tax levied or repealed or rate | 31035 |
| changed under this section shall not apply to such a sale until | 31036 |
| the first day of a calendar quarter following the expiration of | 31037 |
| one hundred twenty days from the date of notice by the tax | 31038 |
| commissioner pursuant to division (G) of this section. | 31039 |
| (F) The tax levied pursuant to this section shall be in | 31040 |
| addition to the tax levied by section 5739.02 of the Revised Code | 31041 |
| and any tax levied pursuant to section 5739.021 or 5739.023 of the | 31042 |
| Revised Code. | 31043 |
| A county that levies a tax pursuant to this section shall | 31044 |
| levy a tax at the same rate pursuant to section 5741.023 of the | 31045 |
| Revised Code. | 31046 |
| The additional tax levied by the county shall be collected | 31047 |
| pursuant to section 5739.025 of the Revised Code. | 31048 |
| Any tax levied pursuant to this section is subject to the | 31049 |
| exemptions provided in section 5739.02 of the Revised Code and in | 31050 |
| addition shall not be applicable to sales not within the taxing | 31051 |
| power of a county under the Constitution of the United States or | 31052 |
| the Ohio Constitution. | 31053 |
| (G) Upon receipt from a board of county commissioners of a | 31054 |
| certified copy of a resolution required by division (A) of this | 31055 |
| section, or from the board of elections a notice of the results of | 31056 |
| an election required by division (D)(1), (2)(a), (b), or (c) of | 31057 |
| this section, the tax commissioner shall provide notice of a tax | 31058 |
| rate change in a manner that is reasonably accessible to all | 31059 |
| affected vendors. The commissioner shall provide this notice at | 31060 |
| least sixty days prior to the effective date of the rate change. | 31061 |
| The commissioner, by rule, may establish the method by which | 31062 |
| notice will be provided. | 31063 |
| Sec. 5739.211. (A) The moneys received by a county levying | 31064 |
| an additional sales tax pursuant to section 5739.021 of the | 31065 |
| Revised Code shall be deposited in the county general fund to be | 31066 |
| expended for any purpose for which general fund moneys of the | 31067 |
| county may be used, including the acquisition or construction of | 31068 |
| permanent improvements or to make payments in accordance with | 31069 |
| section 333.06 or 333.07 of the Revised Code, or in the bond | 31070 |
| retirement fund for the payment of debt service charges on notes | 31071 |
| or bonds of the county issued for the acquisition or construction | 31072 |
| 31073 | |
| of such funds shall be determined by the board of county | 31074 |
| commissioners. | 31075 |
| (B) The moneys received by a county levying an additional | 31076 |
| sales tax pursuant to section 5739.026 of the Revised Code shall | 31077 |
| be deposited in a separate fund, which shall be allocated and | 31078 |
| distributed in accordance with the resolution adopted under such | 31079 |
| section. Moneys allocated for the purpose of division (A)(4) of | 31080 |
| section 5739.026 of the Revised Code shall be transferred to and | 31081 |
| disbursed from the community improvements fund in the county | 31082 |
| treasury. Notwithstanding section 135.351 of the Revised Code, if | 31083 |
| an allocation of moneys to a convention facilities authority or a | 31084 |
| transit authority is required pursuant to division (C) of section | 31085 |
| 5739.026 of the Revised Code, the county shall pay and distribute | 31086 |
| each authority's share of any such moneys to its fiscal officer | 31087 |
| within five business days of the date of their receipt by the | 31088 |
| county. If the moneys allocated under such division are not so | 31089 |
| paid, the county shall pay to such authority any interest that the | 31090 |
| county has received or will receive on such moneys that accrues | 31091 |
| from the date the county received the moneys, together with the | 31092 |
| principal amount of such moneys. | 31093 |
| (C) The moneys received by a transit authority levying an | 31094 |
| additional sales tax pursuant to section 5739.023 of the Revised | 31095 |
| Code shall be deposited in such fund or funds of the transit | 31096 |
| authority as determined by the legislative authority of the | 31097 |
| transit authority to be expended for any purpose for which a | 31098 |
| county transit board or the board of county commissioners | 31099 |
| operating a county transit system, in the case of a county, or the | 31100 |
| board of trustees of a regional transit authority, in the case of | 31101 |
| a regional transit authority, may expend moneys under their | 31102 |
| control, including the purchase, acquisition, construction, | 31103 |
| replacement, improvement, extension, or enlargement of permanent | 31104 |
| improvements and for the payment of debt service charges on notes | 31105 |
| or bonds of the transit authority. | 31106 |
| Sec. 5741.031. (A) The funds received by a county levying an | 31107 |
| additional use tax pursuant to section 5741.021 of the Revised | 31108 |
| Code shall be deposited in the county general fund to be expended | 31109 |
| for any purpose for which general fund moneys of the county may be | 31110 |
| used, including the acquisition or construction of permanent | 31111 |
| improvements or to make payments in accordance with section 333.06 | 31112 |
| or 333.07 of the Revised Code, or in the bond retirement fund for | 31113 |
| the payment of debt service charges on notes or bonds of the | 31114 |
| county issued for the acquisition or construction of permanent | 31115 |
| improvements | 31116 |
| 31117 | |
| 31118 | |
| amounts to be deposited in each of such funds shall be determined | 31119 |
| by the board of county commissioners. | 31120 |
| (B) The moneys received by a county levying an additional use | 31121 |
| tax pursuant to section 5741.023 of the Revised Code shall be | 31122 |
| deposited in a separate fund, which shall be allocated, | 31123 |
| distributed, and used in accordance with the resolution adopted | 31124 |
| under section 5739.026 of the Revised Code. Moneys allocated for | 31125 |
| the purpose of division (A)(4) of section 5739.026 of the Revised | 31126 |
| Code shall be transferred to and disbursed from the community | 31127 |
| improvements fund in the county treasury. Notwithstanding section | 31128 |
| 135.351 of the Revised Code, if an allocation of moneys to a | 31129 |
| convention facilities authority or a transit authority is required | 31130 |
| pursuant to division (C) of section 5739.026 of the Revised Code, | 31131 |
| the county shall pay and distribute each authority's share of any | 31132 |
| such moneys to its fiscal officer within five business days of the | 31133 |
| date of their receipt by the county. If the moneys allocated under | 31134 |
| such division are not so paid, the county shall pay to such | 31135 |
| authority any interest that the county has received or will | 31136 |
| receive on such moneys that accrues from the date the county | 31137 |
| received the moneys, together with the principal amount of such | 31138 |
| moneys. | 31139 |
| (C) The funds received by a transit authority levying an | 31140 |
| additional use tax pursuant to section 5741.022 of the Revised | 31141 |
| Code shall be deposited in such fund or funds of the transit | 31142 |
| authority as determined by the legislative authority of the | 31143 |
| transit authority to be expended for any purpose for which a | 31144 |
| county transit board or the board of county commissioners | 31145 |
| operating a county transit system, in the case of a county, or the | 31146 |
| board of trustees of a regional transit authority, in the case of | 31147 |
| a regional transit authority, may expend moneys under their | 31148 |
| control, including the purchase, acquisition, construction, | 31149 |
| replacement, improvement, extension, or enlargement of permanent | 31150 |
| improvements or in the bond retirement fund for the payment of | 31151 |
| debt service charges on notes or bonds of the transit authority. | 31152 |
| Sec. 5743.021. (A) As used in this section, "qualifying | 31153 |
| regional arts and cultural district" means a regional arts and | 31154 |
| cultural district created under section 3381.04 of the Revised | 31155 |
| Code in a county having a population of one million two hundred | 31156 |
| thousand or more according to the 2000 federal decennial census. | 31157 |
| (B) For one or more of the purposes for which a tax may be | 31158 |
| levied under section 3381.16 of the Revised Code and for the | 31159 |
| purposes of paying the expenses of administering the tax and the | 31160 |
| expenses charged by a board of elections to hold an election on a | 31161 |
| question submitted under this section, the board of county | 31162 |
| commissioners of a county that has within its territorial | 31163 |
| boundaries a qualifying regional arts and cultural district may | 31164 |
| levy a tax on the sale of cigarettes sold for resale at retail in | 31165 |
| the county composing the district. The rate of the tax, when added | 31166 |
| to the rate of any other tax concurrently levied by the board | 31167 |
| under this section, shall not exceed fifteen mills per cigarette, | 31168 |
| and shall be computed on each cigarette sold. Only one sale of the | 31169 |
| same article shall be used in computing the amount of tax due. The | 31170 |
| tax may be levied for any number of years not exceeding ten years. | 31171 |
| The tax shall be levied pursuant to a resolution of the board | 31172 |
| of county commissioners approved by a majority of the electors in | 31173 |
| the county voting on the question of levying the tax. The | 31174 |
| resolution shall specify the rate of the tax, the number of years | 31175 |
| the tax will be levied, and the purposes for which the tax is | 31176 |
| levied. The election may be held on the date of a general, | 31177 |
| primary, or special election held not sooner than seventy-five | 31178 |
| days after the date the board certifies its resolution to the | 31179 |
| board of elections. If approved by the electors, the tax shall | 31180 |
| take effect on the first day of the month specified in the | 31181 |
| resolution but not sooner than the first day of the month that is | 31182 |
| at least sixty days after the certification of the election | 31183 |
| results by the board of elections. A copy of the resolution | 31184 |
| levying the tax shall be certified to the tax commissioner at | 31185 |
| least sixty days prior to the date on which the tax is to become | 31186 |
| effective. | 31187 |
| (C) The form of the ballot in an election held under this | 31188 |
| section shall be as follows, or in any other form acceptable to | 31189 |
| the secretary of state: | 31190 |
| "For the purpose of .......... (insert the purpose or | 31191 |
| purposes of the tax), shall an excise tax be levied throughout | 31192 |
| .......... County for the benefit of the ........... (name of the | 31193 |
| qualifying regional arts and cultural district) on the sale of | 31194 |
| cigarettes at wholesale at the rate of .... mills per cigarette | 31195 |
| for ..... years? | 31196 |
| 31197 |
| For the tax | 31198 | ||||
| Against the tax | " | 31199 |
| (D) The treasurer of state shall credit all moneys arising | 31200 |
| from taxes levied on behalf of each district under this section | 31201 |
| and section 5743.321 of the Revised Code as follows: | 31202 |
| (1) To the tax refund fund created by section 5703.052 of the | 31203 |
| Revised Code, amounts equal to the refunds from each tax levied | 31204 |
| under this section certified by the tax commissioner pursuant to | 31205 |
| section 5743.05 of the Revised Code; | 31206 |
| (2) Following the crediting of amounts pursuant to division | 31207 |
| (D)(1) of this section: | 31208 |
| (a) To the permissive tax distribution fund created under | 31209 |
| section 4301.423 of the Revised Code, an amount equal to | 31210 |
| ninety-eight per cent of the remainder collected; | 31211 |
| (b) To the local excise tax administrative fund, which is | 31212 |
| hereby created in the state treasury, an amount equal to two per | 31213 |
| cent of such remainder, for use by the tax commissioner in | 31214 |
| defraying costs incurred in administering the tax. | 31215 |
| On or before the second working day of each month, the | 31216 |
| treasurer of state shall certify to the tax commissioner the | 31217 |
| amount of taxes levied on behalf of each district under sections | 31218 |
| 5743.021 and 5743.321 of the Revised Code and paid to the | 31219 |
| treasurer of state during the preceding month. | 31220 |
| On or before the tenth day of each month, the tax | 31221 |
| commissioner shall distribute the amount credited to the | 31222 |
| permissive tax distribution fund during the preceding month by | 31223 |
| providing for payment of the appropriate amount to the county | 31224 |
| treasurer of the county in which the tax is levied. | 31225 |
| Sec. 5743.025. In addition to the return required by section | 31226 |
| 5743.03 of the Revised Code, each retail dealer in a county | 31227 |
| 31228 | |
| or 5743.026 of the Revised Code shall, within thirty days after | 31229 |
| the date on which | 31230 |
| effect, make and file a return, on forms prescribed by the tax | 31231 |
| commissioner, showing the total number of cigarettes which such | 31232 |
| retail dealer had on hand as of the beginning of business on the | 31233 |
| date on which the tax takes effect, and such other information as | 31234 |
| the commissioner deems necessary for the administration of section | 31235 |
| 5743.021, 5743.024, or 5743.026 of the Revised Code. Each retail | 31236 |
| dealer shall deliver the return together with a remittance of the | 31237 |
| additional amount of tax due on the cigarettes shown on such | 31238 |
| return to the treasurer of state. The treasurer of state shall | 31239 |
| stamp or otherwise mark on the return the date it was received and | 31240 |
| shall also show thereon by stamp or otherwise the tax payment | 31241 |
| remitted with the return. Thereafter, the treasurer of state shall | 31242 |
| immediately transmit all returns filed under this section to the | 31243 |
| tax commissioner. Any retail dealer who fails to file a return | 31244 |
| under this section shall, for each day the retail dealer so fails, | 31245 |
| forfeit and pay into the state treasury the sum of one dollar as | 31246 |
| revenue arising from the tax imposed by section 5743.021, | 31247 |
| 5743.024, or 5743.026 of the Revised Code, and such sum may be | 31248 |
| collected by assessment in the manner provided in section 5743.081 | 31249 |
| of the Revised Code. For thirty days after the effective date of a | 31250 |
| tax imposed by section 5743.021, 5743.024, or 5743.026 of the | 31251 |
| Revised Code, a retail dealer may possess for sale or sell in the | 31252 |
| county in which the tax is levied cigarettes not bearing the stamp | 31253 |
| or impression required by section 5743.03 of the Revised Code to | 31254 |
| evidence payment of the county tax but on which the tax has or | 31255 |
| will be paid. | 31256 |
| Sec. 5743.03. (A) Except as provided in section 5743.04 of | 31257 |
| the Revised Code, the taxes imposed under sections 5743.02, | 31258 |
| 5743.021, 5743.024, and 5743.026 of the Revised Code shall be | 31259 |
| paid by the purchase of stamps. A stamp shall be affixed to each | 31260 |
| package of an aggregate denomination not less than the amount of | 31261 |
| the tax upon the contents thereof. The stamp, so affixed, shall be | 31262 |
| prima-facie evidence of payment of the tax. | 31263 |
| Except as is provided in the rules prescribed by the tax | 31264 |
| commissioner under authority of sections 5743.01 to 5743.20 of the | 31265 |
| Revised Code, and unless tax stamps have been previously affixed, | 31266 |
| they shall be so affixed by each wholesale dealer, and canceled by | 31267 |
| writing or stamping across the face thereof the number assigned to | 31268 |
| such wholesale dealer by the tax commissioner for that purpose, | 31269 |
| prior to the delivery of any cigarettes to any person in this | 31270 |
| state, or in the case of a tax levied pursuant to section | 31271 |
| 5743.021, 5743.024, or 5743.026 of the Revised Code, prior to the | 31272 |
| delivery of cigarettes to any person in the county in which the | 31273 |
| tax is levied. | 31274 |
| (B) Except as provided in the rules prescribed by the | 31275 |
| commissioner under authority of sections 5743.01 to 5743.20 of the | 31276 |
| Revised Code, each retail dealer, within twenty-four hours after | 31277 |
| the receipt of any cigarettes at the retail dealer's place of | 31278 |
| business, shall inspect the cigarettes to ensure that tax stamps | 31279 |
| are affixed. The inspection shall be completed before the | 31280 |
| cigarettes are delivered to any person in this state, or, in the | 31281 |
| case of a tax levied pursuant to section 5743.021, 5743.024, or | 31282 |
| 5743.026 of the Revised Code, before the cigarettes are delivered | 31283 |
| to any person in the county in which the tax is levied. | 31284 |
| (C) Whenever any cigarettes are found in the place of | 31285 |
| business of any retail dealer without proper tax stamps affixed | 31286 |
| thereto and canceled, it is presumed that such cigarettes are kept | 31287 |
| therein in violation of sections 5743.01 to 5743.20 of the Revised | 31288 |
| Code. | 31289 |
| (D) Each wholesale dealer who purchases cigarettes without | 31290 |
| proper tax stamps affixed thereto shall, on or before the | 31291 |
| thirty-first day of the month following the close of each | 31292 |
| semiannual period, which period shall end on the thirtieth day of | 31293 |
| June and the thirty-first day of December of each year, make and | 31294 |
| file a return of the preceding semiannual period, on such form as | 31295 |
| is prescribed by the tax commissioner, showing the dealer's entire | 31296 |
| purchases and sales of cigarettes and stamps or impressions for | 31297 |
| such semiannual period and accurate inventories as of the | 31298 |
| beginning and end of each semiannual period of cigarettes, stamped | 31299 |
| or unstamped; cigarette tax stamps affixed or unaffixed and unused | 31300 |
| meter impressions; and such other information as the commissioner | 31301 |
| finds necessary to the proper administration of sections 5743.01 | 31302 |
| to 5743.20 of the Revised Code. The commissioner may extend the | 31303 |
| time for making and filing returns and may remit all or any part | 31304 |
| of amounts of penalties that may become due under sections 5743.01 | 31305 |
| to 5743.20 of the Revised Code. The wholesale dealer shall deliver | 31306 |
| the return together with a remittance of the tax deficiency | 31307 |
| reported thereon to the treasurer of state. The treasurer of state | 31308 |
| shall stamp or otherwise mark on the return the date it was | 31309 |
| received and shall also show thereon by stamp or otherwise a | 31310 |
| payment or nonpayment of the deficiency shown by the return. | 31311 |
| Thereafter, the treasurer of state shall immediately transmit all | 31312 |
| returns filed under this section to the commissioner. | 31313 |
| (E) Any wholesale dealer who fails to file a return under | 31314 |
| this section and the rules of the commissioner, other than a | 31315 |
| report required pursuant to division (F) of this section, may be | 31316 |
| required, for each day the dealer so fails, to forfeit and pay | 31317 |
| into the state treasury the sum of one dollar as revenue arising | 31318 |
| from the tax imposed by sections 5743.01 to 5743.20 of the Revised | 31319 |
| Code and such sum may be collected by assessment in the manner | 31320 |
| provided in section 5743.081 of the Revised Code. If the | 31321 |
| commissioner finds it necessary in order to insure the payment of | 31322 |
| the tax imposed by sections 5743.01 to 5743.20 of the Revised | 31323 |
| Code, the commissioner may require returns and payments to be made | 31324 |
| other than semiannually. The returns shall be signed by the | 31325 |
| wholesale dealer or an authorized agent thereof. | 31326 |
| (F) Each person required to file a tax return under section | 31327 |
| 5743.03, 5743.52, or 5743.62 of the Revised Code shall report to | 31328 |
| the commissioner the quantity of all cigarettes and roll-your-own | 31329 |
| cigarette tobacco sold in Ohio for each brand not covered by the | 31330 |
| tobacco master settlement agreement for which the person is liable | 31331 |
| for the taxes levied under section 5743.02, 5743.51, or 5743.62 of | 31332 |
| the Revised Code. | 31333 |
| As used in this division, "tobacco master settlement | 31334 |
| agreement" has the same meaning as in section 183.01 of the | 31335 |
| Revised Code. | 31336 |
| (G) The report required by division (F) of this section shall | 31337 |
| be made on a form prescribed by the commissioner and shall be | 31338 |
| filed not later than the last day of each month for the previous | 31339 |
| month, except that if the commissioner determines that the | 31340 |
| quantity reported by a person does not warrant monthly reporting, | 31341 |
| the commissioner may authorize reporting at less frequent | 31342 |
| intervals. The commissioner may assess a penalty of not more than | 31343 |
| two hundred fifty dollars for each month or portion thereof that a | 31344 |
| person fails to timely file a required report, and such sum may be | 31345 |
| collected by assessment in the manner provided in section 5743.081 | 31346 |
| of the Revised Code. All money collected under this division shall | 31347 |
| be considered as revenue arising from the taxes imposed by | 31348 |
| sections 5743.01 to 5743.20 of the Revised Code. | 31349 |
| Sec. 5743.04. The tax commissioner shall design and procure | 31350 |
| the stamps provided for in section 5743.03 of the Revised Code and | 31351 |
| shall enforce and administer sections 5743.01 to 5743.44 of the | 31352 |
| Revised Code. With respect to packages containing any number of | 31353 |
| cigarettes other than twenty, if the commissioner finds that it is | 31354 |
| practicable to collect the taxes levied under sections 5743.02, | 31355 |
| 5743.021, 5743.024, and 5743.026 of the Revised Code by any method | 31356 |
| other than that provided in this section and section 5743.03 of | 31357 |
| the Revised Code, the commissioner may by rule prescribe such | 31358 |
| other method for payment of the taxes upon such packages of | 31359 |
| cigarettes as will adequately protect the revenue; provided, that | 31360 |
| in any case where the commissioner prescribes that the taxes upon | 31361 |
| such packages of cigarettes shall be paid on the basis of returns | 31362 |
| filed by a wholesale or retail dealer, said returns, together with | 31363 |
| a remittance of all taxes due as shown thereon, shall be filed | 31364 |
| with the treasurer of state not later than the tenth day of the | 31365 |
| month following the month in which such cigarettes are sold in | 31366 |
| this state. The commissioner may promulgate rules in accordance | 31367 |
| with sections 119.01 to 119.13 of the Revised Code as the | 31368 |
| commissioner deems necessary to carry out sections 5743.01 to | 31369 |
| 5743.44 of the Revised Code and may adopt different detailed rules | 31370 |
| applicable to diverse methods and conditions of sale of | 31371 |
| cigarettes, prescribing, in each class of cases, upon whom, as | 31372 |
| between the wholesale dealer and the retail dealer, the primary | 31373 |
| duty of affixing stamps shall rest, and the manner in which stamps | 31374 |
| shall be affixed. A copy of such rules shall be furnished to every | 31375 |
| licensed dealer as provided in sections 119.01 to 119.13 of the | 31376 |
| Revised Code. Any such rule so furnished which excuses a wholesale | 31377 |
| dealer from affixing stamps under the circumstances of the | 31378 |
| particular case shall be a defense in the prosecution of such | 31379 |
| dealer for violation of section 5743.03 of the Revised Code. | 31380 |
| The commissioner, after determining that it is practicable to | 31381 |
| evidence payment of the taxes levied under sections 5743.02, | 31382 |
| 5743.021, 5743.024, and 5743.026 of the Revised Code by impression | 31383 |
| made by a metering device, shall by resolution provide that such | 31384 |
| metering device may be used in lieu of the stamps otherwise | 31385 |
| provided for in section 5743.03 of the Revised Code. The | 31386 |
| commissioner may authorize any wholesale or retail dealer to use | 31387 |
| the metering device approved by the commissioner. Such device | 31388 |
| before being used shall be sealed by the treasurer of state, and | 31389 |
| shall be used only in accordance with the rules prescribed by the | 31390 |
| commissioner. | 31391 |
| Wholesale and retail dealers authorized to use said device | 31392 |
| shall prepay the tax represented by meter impressions and shall | 31393 |
| deliver the metering device to the treasurer of state or county | 31394 |
| treasurer in the county in which the place of business of any | 31395 |
| wholesaler or retailer is located if such treasurer is designated | 31396 |
| by the treasurer of state, who shall seal the meter in accordance | 31397 |
| with the prepayments so made. | 31398 |
| Sec. 5743.05. All stamps provided for by section 5743.03 of | 31399 |
| the Revised Code, when procured by the tax commissioner, shall be | 31400 |
| immediately delivered to the treasurer of state, who shall execute | 31401 |
| a receipt therefor showing the number and aggregate face value of | 31402 |
| each denomination received by the treasurer of state and any other | 31403 |
| information that the commissioner requires to enforce the | 31404 |
| collection and distribution of all taxes imposed under section | 31405 |
| 5743.021, 5743.024, or 5743.026 of the Revised Code, and deliver | 31406 |
| the receipt to the commissioner. The treasurer of state shall sell | 31407 |
| the stamps and, on the fifth day of each month, make a report | 31408 |
| showing all sales made during the preceding month, with the names | 31409 |
| of purchasers, the number of each denomination, the aggregate face | 31410 |
| value purchased by each, and any other information as the | 31411 |
| commissioner requires to enforce the collection and distribution | 31412 |
| of all taxes imposed under section 5743.021, 5743.024, or 5743.026 | 31413 |
| of the Revised Code, and deliver it to the commissioner. The | 31414 |
| treasurer of state shall be accountable for all stamps received | 31415 |
| and unsold. The stamps shall be sold and accounted for at their | 31416 |
| face value, except the commissioner shall, by rule certified to | 31417 |
| the treasurer of state, authorize the sale of stamps and meter | 31418 |
| impressions to wholesale or retail dealers in this state, or to | 31419 |
| wholesale dealers outside this state, at a discount of not less | 31420 |
| than one and eight-tenths per cent or more than ten per cent of | 31421 |
| their face value, as a commission for affixing and canceling the | 31422 |
| stamps or meter impressions. | 31423 |
| The commissioner, by rule certified to the treasurer of | 31424 |
| state, shall authorize the delivery of stamps and meter | 31425 |
| impressions to wholesale dealers in this state and to wholesale | 31426 |
| dealers outside this state on credit. If such a dealer has not | 31427 |
| been in good credit standing with this state for five consecutive | 31428 |
| years preceding the purchase, the tax commissioner shall require | 31429 |
| the dealer to file with the commissioner a bond to the state in | 31430 |
| the amount and in the form prescribed by the commissioner, with | 31431 |
| surety to the satisfaction of the commissioner, conditioned on | 31432 |
| payment to the treasurer of state within thirty days for stamps or | 31433 |
| meter impressions delivered within that time. If such a dealer has | 31434 |
| been in good credit standing with this state for five consecutive | 31435 |
| years preceding the purchase, the tax commissioner shall not | 31436 |
| require that the dealer file such a bond but shall require payment | 31437 |
| for the stamps and meter impressions within thirty days after | 31438 |
| purchase of the stamps and meter impressions. Stamps and meter | 31439 |
| impressions sold to a dealer not required to file a bond shall be | 31440 |
| sold at face value. The maximum amount that may be sold on credit | 31441 |
| to a dealer not required to file a bond shall equal one hundred | 31442 |
| ten per cent of the dealer's average monthly purchases over the | 31443 |
| preceding calendar year. The maximum amount shall be adjusted to | 31444 |
| reflect any changes in the tax rate and may be adjusted, upon | 31445 |
| application to the tax commissioner by the dealer, to reflect | 31446 |
| changes in the business operations of the dealer. The maximum | 31447 |
| amount shall be applicable to the period of July through April. | 31448 |
| Payment by a dealer not required to file a bond shall be remitted | 31449 |
| by electronic funds transfer as prescribed by section 5743.051 of | 31450 |
| the Revised Code. If a dealer not required to file a bond fails to | 31451 |
| make the payment in full within the thirty-day period, the | 31452 |
| treasurer of state shall not thereafter sell stamps or meter | 31453 |
| impressions to that dealer until the dealer pays the outstanding | 31454 |
| amount, including penalty and interest on that amount as | 31455 |
| prescribed in this chapter, and the commissioner thereafter may | 31456 |
| require the dealer to file a bond until the dealer is restored to | 31457 |
| good standing. The commissioner shall limit delivery of stamps and | 31458 |
| meter impressions on credit to the period running from the first | 31459 |
| day of July of the fiscal year until the first day of the | 31460 |
| following May. Any discount allowed as a commission for affixing | 31461 |
| and canceling stamps or meter impressions shall be allowed with | 31462 |
| respect to sales of stamps and meter impressions on credit. | 31463 |
| The treasurer of state shall redeem and pay for any | 31464 |
| destroyed, unused, or spoiled tax stamps and any unused meter | 31465 |
| impressions at their net value, and shall refund to wholesale | 31466 |
| dealers the net amount of state and county taxes paid erroneously | 31467 |
| or paid on cigarettes that have been sold in interstate or foreign | 31468 |
| commerce or that have become unsalable, and the net amount of | 31469 |
| county taxes that were paid on cigarettes that have been sold at | 31470 |
| retail or for retail sale outside a taxing county. | 31471 |
| An application for a refund of tax shall be filed with the | 31472 |
| tax commissioner, on the form prescribed by the commissioner for | 31473 |
| that purpose, within three years from the date the tax stamps are | 31474 |
| destroyed or spoiled, from the date of the erroneous payment, or | 31475 |
| from the date that cigarettes on which taxes have been paid have | 31476 |
| been sold in interstate or foreign commerce or have become | 31477 |
| unsalable. | 31478 |
| On the filing of the application, the commissioner shall | 31479 |
| determine the amount of refund to which the applicant is entitled, | 31480 |
| payable from receipts of the state tax, and, if applicable, | 31481 |
| payable from receipts of a county tax. If the amount is less than | 31482 |
| that claimed, the commissioner shall certify the amount to the | 31483 |
| director of budget and management and treasurer of state for | 31484 |
| payment from the tax refund fund created by section 5703.052 of | 31485 |
| the Revised Code. If the amount is less than that claimed, the | 31486 |
| commissioner shall proceed in accordance with section 5703.70 of | 31487 |
| the Revised Code. | 31488 |
| If a refund is granted for payment of an illegal or erroneous | 31489 |
| assessment issued by the department, the refund shall include | 31490 |
| interest on the amount of the refund from the date of the | 31491 |
| overpayment. The interest shall be computed at the rate per annum | 31492 |
| prescribed by section 5703.47 of the Revised Code. | 31493 |
| Sec. 5743.08. Whenever the tax commissioner discovers any | 31494 |
| cigarettes which are being shipped, or which have been shipped, or | 31495 |
| transported in violation of section 2927.023 of the Revised Code, | 31496 |
| or discovers cigarettes, subject to the taxes levied under section | 31497 |
| 5743.02, 5743.021, 5743.024, or 5743.026 of the Revised Code, and | 31498 |
| upon which the taxes have not been paid or that are held for sale | 31499 |
| or distribution in violation of any other provision of this | 31500 |
| chapter, the commissioner may seize and take possession of such | 31501 |
| cigarettes, which shall thereupon be forfeited to the state, and | 31502 |
| the commissioner, within a reasonable time thereafter sell or | 31503 |
| destroy the forfeited cigarettes. If the commissioner sells | 31504 |
| cigarettes under this section, the commissioner shall use proceeds | 31505 |
| from the sale to pay the costs incurred in the proceedings. Any | 31506 |
| proceeds remaining after all costs have been paid shall be | 31507 |
| considered revenue arising from the taxes levied under this | 31508 |
| chapter. Seizure and sale shall not be deemed to relieve any | 31509 |
| person from the fine or imprisonment provided for violation of | 31510 |
| sections 5743.01 to 5743.20 of the Revised Code. A sale shall be | 31511 |
| made where it is most convenient and economical. The tax | 31512 |
| commissioner may order the destruction of the forfeited cigarettes | 31513 |
| if the quantity or quality of the cigarettes is not sufficient to | 31514 |
| warrant their sale. | 31515 |
| Sec. 5743.081. (A) If any wholesale dealer or retail dealer | 31516 |
| fails to pay the tax levied under section 5743.02, 5743.021, | 31517 |
| 5743.024, or 5743.026 of the Revised Code as required by sections | 31518 |
| 5743.01 to 5743.20 of the Revised Code, and by the rules of the | 31519 |
| tax commissioner, or fails to collect the tax from the purchaser | 31520 |
| or consumer, the commissioner may make an assessment against the | 31521 |
| wholesale or retail dealer based upon any information in the | 31522 |
| commissioner's possession. | 31523 |
| The commissioner may make an assessment against any wholesale | 31524 |
| or retail dealer who fails to file a return required by section | 31525 |
| 5743.03 or 5743.025 of the Revised Code. | 31526 |
| No assessment shall be made against any wholesale or retail | 31527 |
| dealer for any taxes imposed under section 5743.02, 5743.021, | 31528 |
| 5743.024, or 5743.026 of the Revised Code more than three years | 31529 |
| after the last day of the calendar month that immediately follows | 31530 |
| the semiannual period prescribed in section 5743.03 of the Revised | 31531 |
| Code in which the sale was made, or more than three years after | 31532 |
| the semiannual return for such period is filed, whichever is | 31533 |
| later. This section does not bar an assessment against any | 31534 |
| wholesale or retail dealer who fails to file a return as required | 31535 |
| by section 5743.025 or 5743.03 of the Revised Code, or who files a | 31536 |
| fraudulent return. | 31537 |
| A penalty of up to thirty per cent may be added to the amount | 31538 |
| of every assessment made under this section. The commissioner may | 31539 |
| adopt rules providing for the imposition and remission of | 31540 |
| penalties added to assessments made under this section. | 31541 |
| The commissioner shall give the party assessed written notice | 31542 |
| of the assessment in the manner provided in section 5703.37 of the | 31543 |
| Revised Code. The notice shall specify separately any portion of | 31544 |
| the assessment that represents a county tax. With the notice, the | 31545 |
| commissioner shall provide instructions on how to petition for | 31546 |
| reassessment and request a hearing on the petition. | 31547 |
| (B) Unless the party assessed files with the tax commissioner | 31548 |
| within sixty days after service of the notice of assessment, | 31549 |
| either personally or by certified mail, a written petition for | 31550 |
| reassessment signed by the party assessed or that party's | 31551 |
| authorized agent having knowledge of the facts, the assessment | 31552 |
| becomes final and the amount of the assessment is due and payable | 31553 |
| from the party assessed to the treasurer of state. The petition | 31554 |
| shall indicate the objections of the party assessed, but | 31555 |
| additional objections may be raised in writing if received by the | 31556 |
| commissioner prior to the date shown on the final determination. | 31557 |
| If the petition has been properly filed, the commissioner shall | 31558 |
| proceed under section 5703.60 of the Revised Code. | 31559 |
| (C) After an assessment becomes final, if any portion of the | 31560 |
| assessment remains unpaid, including accrued interest, a certified | 31561 |
| copy of the tax commissioner's entry making the assessment final | 31562 |
| may be filed in the office of the clerk of the court of common | 31563 |
| pleas in the county in which the wholesale or retail dealer's | 31564 |
| place of business is located or the county in which the party | 31565 |
| assessed resides. If the party assessed maintains no place of | 31566 |
| business in this state and is not a resident of this state, the | 31567 |
| certified copy of the entry may be filed in the office of the | 31568 |
| clerk of the court of common pleas of Franklin county. | 31569 |
| Immediately upon the filing of the commissioner's entry, the | 31570 |
| clerk shall enter a judgment for the state against the party | 31571 |
| assessed in the amount shown on the entry. The judgment may be | 31572 |
| filed by the clerk in a loose-leaf book entitled "special | 31573 |
| judgments for state cigarette sales tax," and shall have the same | 31574 |
| effect as other judgments. Execution shall issue upon the judgment | 31575 |
| upon the request of the tax commissioner, and all laws applicable | 31576 |
| to sales on execution shall apply to sales made under the | 31577 |
| judgment, except as otherwise provided in sections 5743.01 to | 31578 |
| 5743.20 of the Revised Code. | 31579 |
| The portion of the assessment not paid within sixty days | 31580 |
| after the assessment was issued shall bear interest at the rate | 31581 |
| per annum prescribed by section 5703.47 of the Revised Code from | 31582 |
| the day the commissioner issues the assessment until it is paid. | 31583 |
| Interest shall be paid in the same manner as the tax and may be | 31584 |
| collected by the issuance of an assessment under this section. | 31585 |
| (D) All money collected by the tax commissioner under this | 31586 |
| section shall be paid to the treasurer of state, and when paid | 31587 |
| shall be considered as revenue arising from the taxes imposed by | 31588 |
| sections 5743.01 to 5743.20 of the Revised Code. | 31589 |
| Sec. 5743.12. No person shall make a false entry upon an | 31590 |
| invoice, package, or container of cigarettes upon which an entry | 31591 |
| is required by sections 5743.01 to 5743.20 of the Revised Code, | 31592 |
| nor shall any person present any such false entry for the | 31593 |
| inspection of the tax commissioner with intent to evade the tax | 31594 |
| levied under section 5743.02, 5743.021, 5743.024, or 5743.026 of | 31595 |
| the Revised Code. | 31596 |
| Sec. 5743.13. No person shall falsely or fraudulently make, | 31597 |
| forge, alter, or counterfeit any stamp prescribed by the tax | 31598 |
| commissioner under section 5743.03 of the Revised Code, or cause | 31599 |
| to be falsely or fraudulently made, forged, altered, or | 31600 |
| counterfeited any such stamp, or possess any counterfeiting | 31601 |
| device, or knowingly and willfully utter, publish, pass, or tender | 31602 |
| as true, any such false, altered, forged, or counterfeited stamp, | 31603 |
| or use more than once any such stamp for the purpose of evading | 31604 |
| the tax levied under section 5743.02, 5743.021, 5743.024, or | 31605 |
| 5743.026 of the Revised Code. | 31606 |
| Sec. 5743.15. (A) No person shall engage in this state in | 31607 |
| the wholesale or retail business of trafficking in cigarettes or | 31608 |
| in the business of a manufacturer or importer of cigarettes | 31609 |
| without having a license to conduct each such activity issued by a | 31610 |
| county auditor under division (B) of this section or the tax | 31611 |
| commissioner under division (E) of this section, except that on | 31612 |
| dissolution of a partnership by death, the surviving partner may | 31613 |
| operate under the license of the partnership until expiration of | 31614 |
| the license, and the heirs or legal representatives of deceased | 31615 |
| persons, and receivers and trustees in bankruptcy appointed by any | 31616 |
| competent authority, may operate under the license of the person | 31617 |
| succeeded in possession by such heir, representative, receiver, or | 31618 |
| trustee in bankruptcy. | 31619 |
| (B) Each applicant for a license to engage in the wholesale | 31620 |
| or retail business of trafficking in cigarettes under this | 31621 |
| section, annually, on or before the fourth Monday of May, shall | 31622 |
| make and deliver to the county auditor of the county in which the | 31623 |
| applicant desires to engage in the wholesale or retail business of | 31624 |
| trafficking in cigarettes, upon a blank furnished by such auditor | 31625 |
| for that purpose, a statement showing the name of the applicant, | 31626 |
| each place in the county where the applicant's business is | 31627 |
| conducted, the nature of the business, and any other information | 31628 |
| the tax commissioner requires in the form of statement prescribed | 31629 |
| by the commissioner. If the applicant is a firm, partnership, or | 31630 |
| association other than a corporation, the application shall state | 31631 |
| the name and address of each of its members. If the applicant is a | 31632 |
| corporation, the application shall state the name and address of | 31633 |
| each of its officers. At the time of making the application | 31634 |
| required by this section, every person desiring to engage in the | 31635 |
| wholesale business of trafficking in cigarettes shall pay into the | 31636 |
| county treasury a license tax in the sum of two hundred dollars, | 31637 |
| or if desiring to engage in the retail business of trafficking in | 31638 |
| cigarettes, a license tax in the sum of thirty dollars for each of | 31639 |
| the first five places where the person proposes to carry on such | 31640 |
| business and twenty-five dollars for each additional place. Each | 31641 |
| place of business shall be deemed such space, under lease or | 31642 |
| license to, or under the control of, or under the supervision of | 31643 |
| the applicant, as is contained in one or more contiguous, | 31644 |
| adjacent, or adjoining buildings constituting an industrial plant | 31645 |
| or a place of business operated by, or under the control of, one | 31646 |
| person, or under one roof and connected by doors, halls, | 31647 |
| stairways, or elevators, which space may contain any number of | 31648 |
| points at which cigarettes are offered for sale, provided that | 31649 |
| each additional point at which cigarettes are offered for sale | 31650 |
| shall be listed in the application. | 31651 |
| Upon receipt of the application and exhibition of the county | 31652 |
| treasurer's receipt showing the payment of the tax, the county | 31653 |
| auditor shall issue to the applicant a license for each place of | 31654 |
| business designated in the application, authorizing the applicant | 31655 |
| to engage in such business at such place for one year commencing | 31656 |
| on the fourth Monday of May. Companies operating club or dining | 31657 |
| cars or other cars upon which cigarettes are sold shall obtain | 31658 |
| licenses at railroad terminals within the state, under such rules | 31659 |
| as are prescribed by the commissioner. The form of the license | 31660 |
| shall be prescribed by the commissioner. A duplicate license may | 31661 |
| be obtained from the county auditor upon payment of a fifty cent | 31662 |
| fee if the original license is lost, destroyed, or defaced. When | 31663 |
| an application is filed after the fourth Monday of May, the | 31664 |
| license tax required to be paid shall be proportioned in amount to | 31665 |
| the remainder of the license year, except that it shall not be | 31666 |
| less than one fifth of the whole amount in any one year. | 31667 |
| The holder of a wholesale or retail dealer's cigarette | 31668 |
| license may transfer the license to a place of business within the | 31669 |
| same county other than that designated on the license or may | 31670 |
| assign the license to another person for use in the same county on | 31671 |
| condition that the licensee or assignee, whichever is applicable, | 31672 |
| make application to the county auditor therefor, upon forms | 31673 |
| approved by the commissioner and the payment of a fee of one | 31674 |
| dollar into the county treasury. | 31675 |
| (C)(1) The wholesale cigarette license tax revenue collected | 31676 |
| under this section shall be distributed as follows: | 31677 |
| (a) Thirty-seven and one-half per cent shall be paid upon the | 31678 |
| warrant of the county auditor into the treasury of the municipal | 31679 |
| corporation or township in which the place of business for which | 31680 |
| the tax revenue was received is located; | 31681 |
| (b) Fifteen per cent shall be credited to the general fund of | 31682 |
| the county; | 31683 |
| (c) Forty-seven and one-half per cent shall be paid into the | 31684 |
| cigarette tax enforcement fund created by division (C) of this | 31685 |
| section. | 31686 |
| (2) The revenue collected from the thirty dollar tax imposed | 31687 |
| upon the first five places of business of a person engaged in the | 31688 |
| retail business of trafficking in cigarettes shall be distributed | 31689 |
| as follows: | 31690 |
| (a) Sixty-two and one-half per cent shall be paid upon the | 31691 |
| warrant of the county auditor into the treasury of the municipal | 31692 |
| corporation or township in which the places of business for which | 31693 |
| the tax revenue was received are located; | 31694 |
| (b) Twenty-two and one-half per cent shall be credited to the | 31695 |
| general fund of the county; | 31696 |
| (c) Fifteen per cent shall be paid into the cigarette tax | 31697 |
| enforcement fund created by division (C) of this section. | 31698 |
| (3) The remainder of the revenues and fines collected under | 31699 |
| this section and the penal laws relating to cigarettes shall be | 31700 |
| distributed as follows: | 31701 |
| (a) Three-fourths shall be paid upon the warrant of the | 31702 |
| county auditor into the treasury of the municipal corporation or | 31703 |
| township in which the place of business, on account of which the | 31704 |
| revenues and fines were received, is located; | 31705 |
| (b) One-fourth shall be credited to the general fund of the | 31706 |
| county. | 31707 |
| (D) There is hereby created within the state treasury the | 31708 |
| cigarette tax enforcement fund for the purpose of providing funds | 31709 |
| to assist in paying the costs of enforcing sections 1333.11 to | 31710 |
| 1333.21 and Chapter 5743. of the Revised Code. | 31711 |
| The portion of cigarette license tax revenues received by a | 31712 |
| county auditor during the annual application period that ends | 31713 |
| before the fourth Monday in May which is required to be deposited | 31714 |
| in the cigarette tax enforcement fund shall be sent to the | 31715 |
| treasurer of state by the thirtieth day of June each year. The | 31716 |
| portion of license tax money received by each county auditor after | 31717 |
| the fourth Monday in May which is required to be deposited in the | 31718 |
| cigarette tax enforcement fund shall be sent to the treasurer of | 31719 |
| state by the thirty-first day of December. | 31720 |
| (E)(1) Every person who desires to engage in the business of | 31721 |
| a manufacturer or importer of cigarettes shall, annually, on or | 31722 |
| before the fourth Monday of May, make and deliver to the tax | 31723 |
| commissioner, upon a blank furnished by the commissioner for that | 31724 |
| purpose, a statement showing the name of the applicant, the nature | 31725 |
| of the applicant's business, and any other information required by | 31726 |
| the commissioner. If the applicant is a firm, partnership, or | 31727 |
| association other than a corporation, the applicant shall state | 31728 |
| the name and address of each of its members. If the applicant is a | 31729 |
| corporation, the applicant shall state the name and address of | 31730 |
| each of its officers. | 31731 |
| Upon receipt of the application, the commissioner shall issue | 31732 |
| to the applicant a license authorizing the applicant to engage in | 31733 |
| the business of manufacturer or importer, whichever the case may | 31734 |
| be, for one year commencing on the fourth Monday of May. | 31735 |
| (2) The issuing of a license under division (E)(1) of this | 31736 |
| section to a manufacturer does not excuse a manufacturer from the | 31737 |
| certification process required under section 1346.05 of the | 31738 |
| Revised Code. A manufacturer who is issued a license | 31739 |
| division (E)(1) of this section | 31740 |
| listed on the directory required under section 1346.05 of the | 31741 |
| Revised Code shall | 31742 |
| 31743 | |
| not be permitted to sell cigarettes in this state other than to a | 31744 |
| licensed cigarette wholesaler for sale outside this state. Such a | 31745 |
| manufacturer shall provide documentation to the commissioner | 31746 |
| evidencing that the cigarettes are legal for sale in another | 31747 |
| state. | 31748 |
| (3) The tax commissioner may adopt rules necessary to | 31749 |
| administer division (E) of this section. | 31750 |
| Sec. 5743.18. Upon notice and hearing in accordance with | 31751 |
| sections 119.01 to 119.13 of the Revised Code, the tax | 31752 |
| commissioner may revoke any manufacturer, importer, wholesale, or | 31753 |
| retail cigarette license for violation of sections 5743.01 to | 31754 |
| 5743.21 of the Revised Code. In the case of a wholesale or retail | 31755 |
| cigarette license, a certified copy of the order revoking such | 31756 |
| license shall be transmitted to the county auditor of the county | 31757 |
| in which the license was issued. In the case of a license issued | 31758 |
| to a manufacturer, | 31759 |
| 31760 | |
| under section 1346.05 of the Revised Code, such manufacturer shall | 31761 |
| not be permitted to sell cigarettes in this state other than to a | 31762 |
| licensed cigarette wholesaler for sale outside this state. Such a | 31763 |
| manufacturer shall provide documentation to the commissioner | 31764 |
| evidencing that the cigarettes are legal for sale in another | 31765 |
| state. | 31766 |
| Sec. 5743.321. For the same purposes for which it levies a | 31767 |
| tax under section 5743.021 of the Revised Code, the board of | 31768 |
| county commissioners of a county that has within its territorial | 31769 |
| boundaries a qualifying regional arts and cultural district and | 31770 |
| that levies a tax under that section, by resolution adopted by a | 31771 |
| majority of the board, shall levy a tax at the same rate on the | 31772 |
| use, consumption, or storage for consumption of cigarettes by | 31773 |
| consumers in the county in which that tax is levied, provided that | 31774 |
| the tax shall not apply if the tax levied by section 5743.021 of | 31775 |
| the Revised Code has been paid. The tax shall take effect on the | 31776 |
| date that a tax levied under that section takes effect, and shall | 31777 |
| remain in effect as long as the tax levied under that section | 31778 |
| remains effective. | 31779 |
| Sec. 5743.33. Except as provided in section 5747.331 of the | 31780 |
| Revised Code, every person who has acquired cigarettes for use, | 31781 |
| storage, or other consumption subject to the tax levied under | 31782 |
| section 5743.32, 5743.321, 5743.323, or 5743.324 of the Revised | 31783 |
| Code, shall, on or before the fifteenth day of the month following | 31784 |
| receipt of such cigarettes, file with the tax commissioner a | 31785 |
| return showing the amount of cigarettes acquired, together with | 31786 |
| remittance of the tax thereon. No such person shall transport | 31787 |
| within this state, cigarettes that have a wholesale value in | 31788 |
| excess of three hundred dollars, unless that person has obtained | 31789 |
| consent to transport the cigarettes from the department of | 31790 |
| taxation prior to such transportation. Such consent shall not be | 31791 |
| required if the applicable taxes levied under sections 5743.02, | 31792 |
| 5743.021, 5743.024, and 5743.026 of the Revised Code have been | 31793 |
| paid. Application for the consent shall be in the form prescribed | 31794 |
| by the tax commissioner. | 31795 |
| Every person transporting such cigarettes shall possess the | 31796 |
| consent while transporting or possessing the cigarettes within | 31797 |
| this state and shall produce the consent upon request of any law | 31798 |
| enforcement officer or authorized agent of the tax commissioner. | 31799 |
| Any person transporting such cigarettes without the consent | 31800 |
| required by this section, shall be subject to the provisions of | 31801 |
|
this chapter, including the applicable taxes imposed | 31802 |
| sections 5743.02, 5743.021, 5743.024, and 5743.026 of the Revised | 31803 |
| Code. | 31804 |
| Sec. 5743.34. If any person required to pay the tax levied | 31805 |
| under section 5743.32, 5743.321, 5743.323, or 5743.324 of the | 31806 |
| Revised Code, fails to make remittance, the tax commissioner may | 31807 |
| issue an assessment against that person based on any information | 31808 |
| in the commissioner's possession. | 31809 |
| Sections 5743.081 and 5743.082 of the Revised Code relating | 31810 |
| to the assessments or findings, appeals from assessments or | 31811 |
| findings, the effect of assessments or findings before or after | 31812 |
| hearing and before or after filing the same in the office of the | 31813 |
| clerk of the court of common pleas, and all sections relating to | 31814 |
| the procedure, authority, duties, liabilities, powers, and | 31815 |
| privileges of the person assessed, the commissioner, the clerk, | 31816 |
| and all other public officials, shall be applicable to assessments | 31817 |
| made pursuant to this section. | 31818 |
| Sec. 5743.35. No person required by section 5743.33 of the | 31819 |
| Revised Code to file a return with the tax commissioner shall fail | 31820 |
| to make such return, or fail to pay the applicable taxes levied | 31821 |
| under section 5743.32, 5743.321, 5743.323, or 5743.324 of the | 31822 |
| Revised Code, or fail to pay any lawful assessment issued by the | 31823 |
| commissioner. | 31824 |
| Sec. 5745.01. As used in this chapter: | 31825 |
| (A) "Electric company," "combined company," and "telephone | 31826 |
| company," have the same meanings as in section 5727.01 of the | 31827 |
| Revised Code, except "telephone company" does not include a non | 31828 |
| profit corporation. | 31829 |
| (B) "Electric light company" has the same meaning as in | 31830 |
| section 4928.01 of the Revised Code, and includes the activities | 31831 |
| of a combined company as an electric company, but excludes | 31832 |
| nonprofit companies and municipal corporations. | 31833 |
| (C) "Taxpayer" means either of the following: | 31834 |
| (1) An electric light company subject to taxation by a | 31835 |
| municipal corporation in this state for a taxable year, excluding | 31836 |
| an electric light company that is not an electric company or a | 31837 |
| combined company and for which an election made under section | 31838 |
| 5745.031 of the Revised Code is not in effect with respect to the | 31839 |
| taxable year. If such a company is a qualified subchapter S | 31840 |
| subsidiary as defined in section 1361 of the Internal Revenue Code | 31841 |
| or a disregarded entity, the company's parent S corporation or | 31842 |
| owner is the taxpayer for the purposes of this chapter and is | 31843 |
| hereby deemed to have nexus with this state under the Constitution | 31844 |
| of the United States for the purposes of this chapter. | 31845 |
| (2) A telephone company subject to taxation by a municipal | 31846 |
| corporation in this state for a taxable year. A telephone company | 31847 |
| is subject to taxation under this chapter for any taxable year | 31848 |
| that begins on or after January 1, 2004. A telephone company with | 31849 |
| a taxable year ending in 2004 shall compute the tax imposed under | 31850 |
| this chapter, or shall compute its net operating loss carried | 31851 |
| forward for that taxable year, by multiplying the tax owed, or the | 31852 |
| loss for the taxable year, by fifty per cent. | 31853 |
| (D) "Disregarded entity" means an entity that, for its | 31854 |
| taxable year, is by default, or has elected to be, disregarded as | 31855 |
| an entity separate from its owner pursuant to 26 C.F.R. | 31856 |
| 301.7701-3. | 31857 |
| (E) "Taxable year" of a taxpayer is the taxpayer's taxable | 31858 |
| year for federal income tax purposes. | 31859 |
| (F) "Federal taxable income" means taxable income, before | 31860 |
| operating loss deduction and special deductions, as required to be | 31861 |
| reported for the taxpayer's taxable year under the Internal | 31862 |
| Revenue Code. | 31863 |
| (G) "Adjusted federal taxable income" means federal taxable | 31864 |
| income adjusted as follows: | 31865 |
| (1) Deduct intangible income as defined in section 718.01 of | 31866 |
| the Revised Code to the extent included in federal taxable income; | 31867 |
| (2) Add expenses incurred in the production of such | 31868 |
| intangible income; | 31869 |
| (3) If, with respect to a qualifying taxpayer and a | 31870 |
| qualifying asset there occurs a qualifying taxable event, the | 31871 |
| qualifying taxpayer shall reduce its federal taxable income, as | 31872 |
| defined in division (F) of this section, by the amount of the | 31873 |
| book-tax difference for that qualifying asset if the book-tax | 31874 |
| difference is greater than zero, and shall increase its federal | 31875 |
| taxable income by the absolute value of the amount of the book-tax | 31876 |
| difference for that qualifying asset if the book-tax difference is | 31877 |
| less than zero. The adjustments provided in division (G)(3) of | 31878 |
| this section are subject to divisions (B)(3), (4), and (5) of | 31879 |
| section 5733.0510 of the Revised Code to the extent those | 31880 |
| divisions apply to the adjustments in that section for the taxable | 31881 |
| year. A taxpayer shall not deduct or add any amount under division | 31882 |
| (G)(3) of this section with respect to a qualifying asset the | 31883 |
| sale, exchange, or other disposition of which resulted in the | 31884 |
| recognition of a gain or loss that the taxpayer deducted or added, | 31885 |
| respectively, under division (G)(1) or (2) of this section. | 31886 |
| For the purposes of division (G)(3) of this section, | 31887 |
| "book-tax difference," "qualifying taxpayer," "qualifying asset," | 31888 |
| and "qualifying taxable event" have the same meanings as in | 31889 |
| section 5733.0510 of the Revised Code. | 31890 |
| (4) If the taxpayer is not a C corporation and is not an | 31891 |
| individual, the taxpayer shall compute "adjusted federal taxable | 31892 |
| income" as if the taxpayer were a C corporation, except: | 31893 |
| (a) Guaranteed payments and other similar amounts paid or | 31894 |
| accrued to a partner, former partner, or member or former member | 31895 |
| shall not be allowed as a deductible expense; and | 31896 |
| (b) With respect to each owner or owner-employee of the | 31897 |
| taxpayer, amounts paid or accrued to a qualified self-employed | 31898 |
| retirement plan and amounts paid or accrued to or for health | 31899 |
| insurance or life insurance shall not be allowed as a deduction. | 31900 |
| Nothing in this division shall be construed as allowing the | 31901 |
| taxpayer to deduct any amount more than once. | 31902 |
| (5) Add or deduct the amounts described in section 5733.0511 | 31903 |
| of the Revised Code for qualifying telephone company taxpayers. | 31904 |
| (H) "Internal Revenue Code" means the "Internal Revenue Code | 31905 |
|
of 1986," 100 Stat.
2085, 26 U.S.C.A. 1, as | 31906 |
| 31907 |
| (I) "Ohio net income" means the amount determined under | 31908 |
| division (B) of section 5745.02 of the Revised Code. | 31909 |
| Sec. 5747.01. Except as otherwise expressly provided or | 31910 |
| clearly appearing from the context, any term used in this chapter | 31911 |
| that is not otherwise defined in this section has the same meaning | 31912 |
| as when used in a comparable context in the laws of the United | 31913 |
| States relating to federal income taxes or if not used in a | 31914 |
| comparable context in those laws, has the same meaning as in | 31915 |
| section 5733.40 of the Revised Code. Any reference in this chapter | 31916 |
| to the Internal Revenue Code includes other laws of the United | 31917 |
| States relating to federal income taxes. | 31918 |
| As used in this chapter: | 31919 |
| (A) "Adjusted gross income" or "Ohio adjusted gross income" | 31920 |
| means federal adjusted gross income, as defined and used in the | 31921 |
| Internal Revenue Code, adjusted as provided in this section: | 31922 |
| (1) Add interest or dividends on obligations or securities of | 31923 |
| any state or of any political subdivision or authority of any | 31924 |
| state, other than this state and its subdivisions and authorities. | 31925 |
| (2) Add interest or dividends on obligations of any | 31926 |
| authority, commission, instrumentality, territory, or possession | 31927 |
| of the United States to the extent that the interest or dividends | 31928 |
| are exempt from federal income taxes but not from state income | 31929 |
| taxes. | 31930 |
| (3) Deduct interest or dividends on obligations of the United | 31931 |
| States and its territories and possessions or of any authority, | 31932 |
| commission, or instrumentality of the United States to the extent | 31933 |
| that the interest or dividends are included in federal adjusted | 31934 |
| gross income but exempt from state income taxes under the laws of | 31935 |
| the United States. | 31936 |
| (4) Deduct disability and survivor's benefits to the extent | 31937 |
| included in federal adjusted gross income. | 31938 |
| (5) Deduct benefits under Title II of the Social Security Act | 31939 |
| and tier 1 railroad retirement benefits to the extent included in | 31940 |
| federal adjusted gross income under section 86 of the Internal | 31941 |
| Revenue Code. | 31942 |
| (6) In the case of a taxpayer who is a beneficiary of a trust | 31943 |
| that makes an accumulation distribution as defined in section 665 | 31944 |
| of the Internal Revenue Code, add, for the beneficiary's taxable | 31945 |
| years beginning before 2002, the portion, if any, of such | 31946 |
| distribution that does not exceed the undistributed net income of | 31947 |
| the trust for the three taxable years preceding the taxable year | 31948 |
| in which the distribution is made to the extent that the portion | 31949 |
| was not included in the trust's taxable income for any of the | 31950 |
| trust's taxable years beginning in 2002 or thereafter. | 31951 |
| "Undistributed net income of a trust" means the taxable income of | 31952 |
| the trust increased by (a)(i) the additions to adjusted gross | 31953 |
| income required under division (A) of this section and (ii) the | 31954 |
| personal exemptions allowed to the trust pursuant to section | 31955 |
| 642(b) of the Internal Revenue Code, and decreased by (b)(i) the | 31956 |
| deductions to adjusted gross income required under division (A) of | 31957 |
| this section, (ii) the amount of federal income taxes attributable | 31958 |
| to such income, and (iii) the amount of taxable income that has | 31959 |
| been included in the adjusted gross income of a beneficiary by | 31960 |
| reason of a prior accumulation distribution. Any undistributed net | 31961 |
| income included in the adjusted gross income of a beneficiary | 31962 |
| shall reduce the undistributed net income of the trust commencing | 31963 |
| with the earliest years of the accumulation period. | 31964 |
| (7) Deduct the amount of wages and salaries, if any, not | 31965 |
| otherwise allowable as a deduction but that would have been | 31966 |
| allowable as a deduction in computing federal adjusted gross | 31967 |
| income for the taxable year, had the targeted jobs credit allowed | 31968 |
| and determined under sections 38, 51, and 52 of the Internal | 31969 |
| Revenue Code not been in effect. | 31970 |
| (8) Deduct any interest or interest equivalent on public | 31971 |
| obligations and purchase obligations to the extent that the | 31972 |
| interest or interest equivalent is included in federal adjusted | 31973 |
| gross income. | 31974 |
| (9) Add any loss or deduct any gain resulting from the sale, | 31975 |
| exchange, or other disposition of public obligations to the extent | 31976 |
| that the loss has been deducted or the gain has been included in | 31977 |
| computing federal adjusted gross income. | 31978 |
| (10) Deduct or add amounts, as provided under section | 31979 |
| 5747.70 of the Revised Code, related to contributions to variable | 31980 |
| college savings program accounts made or tuition units purchased | 31981 |
| pursuant to Chapter 3334. of the Revised Code. | 31982 |
| (11)(a) Deduct, to the extent not otherwise allowable as a | 31983 |
| deduction or exclusion in computing federal or Ohio adjusted gross | 31984 |
| income for the taxable year, the amount the taxpayer paid during | 31985 |
| the taxable year for medical care insurance and qualified | 31986 |
| long-term care insurance for the taxpayer, the taxpayer's spouse, | 31987 |
| and dependents. No deduction for medical care insurance under | 31988 |
| division (A)(11) of this section shall be allowed either to any | 31989 |
| taxpayer who is eligible to participate in any subsidized health | 31990 |
| plan maintained by any employer of the taxpayer or of the | 31991 |
| taxpayer's spouse, or to any taxpayer who is entitled to, or on | 31992 |
| application would be entitled to, benefits under part A of Title | 31993 |
| XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. | 31994 |
| 301, as amended. For the purposes of division (A)(11)(a) of this | 31995 |
| section, "subsidized health plan" means a health plan for which | 31996 |
| the employer pays any portion of the plan's cost. The deduction | 31997 |
| allowed under division (A)(11)(a) of this section shall be the net | 31998 |
| of any related premium refunds, related premium reimbursements, or | 31999 |
| related insurance premium dividends received during the taxable | 32000 |
| year. | 32001 |
| (b) Deduct, to the extent not otherwise deducted or excluded | 32002 |
| in computing federal or Ohio adjusted gross income during the | 32003 |
| taxable year, the amount the taxpayer paid during the taxable | 32004 |
| year, not compensated for by any insurance or otherwise, for | 32005 |
| medical care of the taxpayer, the taxpayer's spouse, and | 32006 |
| dependents, to the extent the expenses exceed seven and one-half | 32007 |
| per cent of the taxpayer's federal adjusted gross income. | 32008 |
| (c) For purposes of division (A)(11) of this section, | 32009 |
| "medical care" has the meaning given in section 213 of the | 32010 |
| Internal Revenue Code, subject to the special rules, limitations, | 32011 |
| and exclusions set forth therein, and "qualified long-term care" | 32012 |
|
has the same
meaning given in section 7702 | 32013 |
| Internal Revenue Code. | 32014 |
| (12)(a) Deduct any amount included in federal adjusted gross | 32015 |
| income solely because the amount represents a reimbursement or | 32016 |
| refund of expenses that in any year the taxpayer had deducted as | 32017 |
| an itemized deduction pursuant to section 63 of the Internal | 32018 |
| Revenue Code and applicable United States department of the | 32019 |
| treasury regulations. The deduction otherwise allowed under | 32020 |
| division (A)(12)(a) of this section shall be reduced to the extent | 32021 |
| the reimbursement is attributable to an amount the taxpayer | 32022 |
| deducted under this section in any taxable year. | 32023 |
| (b) Add any amount not otherwise included in Ohio adjusted | 32024 |
| gross income for any taxable year to the extent that the amount is | 32025 |
| attributable to the recovery during the taxable year of any amount | 32026 |
| deducted or excluded in computing federal or Ohio adjusted gross | 32027 |
| income in any taxable year. | 32028 |
| (13) Deduct any portion of the deduction described in section | 32029 |
| 1341(a)(2) of the Internal Revenue Code, for repaying previously | 32030 |
| reported income received under a claim of right, that meets both | 32031 |
| of the following requirements: | 32032 |
| (a) It is allowable for repayment of an item that was | 32033 |
| included in the taxpayer's adjusted gross income for a prior | 32034 |
| taxable year and did not qualify for a credit under division (A) | 32035 |
| or (B) of section 5747.05 of the Revised Code for that year; | 32036 |
| (b) It does not otherwise reduce the taxpayer's adjusted | 32037 |
| gross income for the current or any other taxable year. | 32038 |
| (14) Deduct an amount equal to the deposits made to, and net | 32039 |
| investment earnings of, a medical savings account during the | 32040 |
| taxable year, in accordance with section 3924.66 of the Revised | 32041 |
| Code. The deduction allowed by division (A)(14) of this section | 32042 |
| does not apply to medical savings account deposits and earnings | 32043 |
| otherwise deducted or excluded for the current or any other | 32044 |
| taxable year from the taxpayer's federal adjusted gross income. | 32045 |
| (15)(a) Add an amount equal to the funds withdrawn from a | 32046 |
| medical savings account during the taxable year, and the net | 32047 |
| investment earnings on those funds, when the funds withdrawn were | 32048 |
| used for any purpose other than to reimburse an account holder | 32049 |
| for, or to pay, eligible medical expenses, in accordance with | 32050 |
| section 3924.66 of the Revised Code; | 32051 |
| (b) Add the amounts distributed from a medical savings | 32052 |
| account under division (A)(2) of section 3924.68 of the Revised | 32053 |
| Code during the taxable year. | 32054 |
| (16) Add any amount claimed as a credit under section | 32055 |
| 5747.059 of the Revised Code to the extent that such amount | 32056 |
| satisfies either of the following: | 32057 |
| (a) The amount was deducted or excluded from the computation | 32058 |
| of the taxpayer's federal adjusted gross income as required to be | 32059 |
| reported for the taxpayer's taxable year under the Internal | 32060 |
| Revenue Code; | 32061 |
| (b) The amount resulted in a reduction of the taxpayer's | 32062 |
| federal adjusted gross income as required to be reported for any | 32063 |
| of the taxpayer's taxable years under the Internal Revenue Code. | 32064 |
| (17) Deduct the amount contributed by the taxpayer to an | 32065 |
| individual development account program established by a county | 32066 |
| department of job and family services pursuant to sections 329.11 | 32067 |
| to 329.14 of the Revised Code for the purpose of matching funds | 32068 |
| deposited by program participants. On request of the tax | 32069 |
| commissioner, the taxpayer shall provide any information that, in | 32070 |
| the tax commissioner's opinion, is necessary to establish the | 32071 |
| amount deducted under division (A)(17) of this section. | 32072 |
| (18) Beginning in taxable year 2001 but not for any taxable | 32073 |
| year beginning after December 31, 2005, if the taxpayer is married | 32074 |
| and files a joint return and the combined federal adjusted gross | 32075 |
| income of the taxpayer and the taxpayer's spouse for the taxable | 32076 |
| year does not exceed one hundred thousand dollars, or if the | 32077 |
| taxpayer is single and has a federal adjusted gross income for the | 32078 |
| taxable year not exceeding fifty thousand dollars, deduct amounts | 32079 |
| paid during the taxable year for qualified tuition and fees paid | 32080 |
| to an eligible institution for the taxpayer, the taxpayer's | 32081 |
| spouse, or any dependent of the taxpayer, who is a resident of | 32082 |
| this state and is enrolled in or attending a program that | 32083 |
| culminates in a degree or diploma at an eligible institution. The | 32084 |
| deduction may be claimed only to the extent that qualified tuition | 32085 |
| and fees are not otherwise deducted or excluded for any taxable | 32086 |
| year from federal or Ohio adjusted gross income. The deduction may | 32087 |
| not be claimed for educational expenses for which the taxpayer | 32088 |
| claims a credit under section 5747.27 of the Revised Code. | 32089 |
| (19) Add any reimbursement received during the taxable year | 32090 |
| of any amount the taxpayer deducted under division (A)(18) of this | 32091 |
| section in any previous taxable year to the extent the amount is | 32092 |
| not otherwise included in Ohio adjusted gross income. | 32093 |
| (20)(a)(i) Add five-sixths of the amount of depreciation | 32094 |
| expense allowed by subsection (k) of section 168 of the Internal | 32095 |
| Revenue Code, including the taxpayer's proportionate or | 32096 |
| distributive share of the amount of depreciation expense allowed | 32097 |
| by that subsection to a pass-through entity in which the taxpayer | 32098 |
| has a direct or indirect ownership interest. | 32099 |
| (ii) Add five-sixths of the amount of qualifying section 179 | 32100 |
| depreciation expense, including a person's proportionate or | 32101 |
| distributive share of the amount of qualifying section 179 | 32102 |
| depreciation expense allowed to any pass-through entity in which | 32103 |
| the person has a direct or indirect ownership. For the purposes of | 32104 |
| this division, "qualifying section 179 depreciation expense" means | 32105 |
| the difference between (I) the amount of depreciation expense | 32106 |
| directly or indirectly allowed to the taxpayer under section 179 | 32107 |
| of the Internal Revenue Code, and (II) the amount of depreciation | 32108 |
| expense directly or indirectly allowed to the taxpayer under | 32109 |
| section 179 of the Internal Revenue Code as that section existed | 32110 |
| on December 31, 2002. | 32111 |
| The tax commissioner, under procedures established by the | 32112 |
| commissioner, may waive the add-backs related to a pass-through | 32113 |
| entity if the taxpayer owns, directly or indirectly, less than | 32114 |
| five per cent of the pass-through entity. | 32115 |
| (b) Nothing in division (A)(20) of this section shall be | 32116 |
| construed to adjust or modify the adjusted basis of any asset. | 32117 |
| (c) To the extent the add-back required under division | 32118 |
| (A)(20)(a) of this section is attributable to property generating | 32119 |
| nonbusiness income or loss allocated under section 5747.20 of the | 32120 |
| Revised Code, the add-back shall be sitused to the same location | 32121 |
| as the nonbusiness income or loss generated by the property for | 32122 |
| the purpose of determining the credit under division (A) of | 32123 |
| section 5747.05 of the Revised Code. Otherwise, the add-back shall | 32124 |
| be apportioned, subject to one or more of the four alternative | 32125 |
| methods of apportionment enumerated in section 5747.21 of the | 32126 |
| Revised Code. | 32127 |
| (d) For the purposes of division (A) of this section, net | 32128 |
| operating loss carryback and carryforward shall not include | 32129 |
| five-sixths of the allowance of any net operating loss deduction | 32130 |
| carryback or carryforward to the taxable year to the extent such | 32131 |
| loss resulted from depreciation allowed by section 168(k) of the | 32132 |
| Internal Revenue Code and by the qualifying section 179 | 32133 |
| depreciation expense amount. | 32134 |
| (21)(a) If the taxpayer was required to add an amount under | 32135 |
| division (A)(20)(a) of this section for a taxable year, deduct | 32136 |
| one-fifth of the amount so added for each of the five succeeding | 32137 |
| taxable years. | 32138 |
| (b) If the amount deducted under division (A)(21)(a) of this | 32139 |
| section is attributable to an add-back allocated under division | 32140 |
| (A)(20)(c) of this section, the amount deducted shall be sitused | 32141 |
| to the same location. Otherwise, the add-back shall be apportioned | 32142 |
| using the apportionment factors for the taxable year in which the | 32143 |
| deduction is taken, subject to one or more of the four alternative | 32144 |
| methods of apportionment enumerated in section 5747.21 of the | 32145 |
| Revised Code. | 32146 |
| (c) No deduction is available under division (A)(21)(a) of | 32147 |
| this section with regard to any depreciation allowed by section | 32148 |
| 168(k) of the Internal Revenue Code and by the qualifying section | 32149 |
| 179 depreciation expense amount to the extent that such | 32150 |
| depreciation resulted in or increased a federal net operating loss | 32151 |
| carryback or carryforward to a taxable year to which division | 32152 |
| (A)(20)(d) of this section does not apply. | 32153 |
| (22) Deduct, to the extent not otherwise deducted or excluded | 32154 |
| in computing federal or Ohio adjusted gross income for the taxable | 32155 |
| year, the amount the taxpayer received during the taxable year as | 32156 |
| reimbursement for life insurance premiums under section 5919.31 of | 32157 |
| the Revised Code. | 32158 |
| (23) Deduct, to the extent not otherwise deducted or excluded | 32159 |
| in computing federal or Ohio adjusted gross income for the taxable | 32160 |
| year, the amount the taxpayer received during the taxable year as | 32161 |
| a death benefit paid by the adjutant general under section 5919.33 | 32162 |
| of the Revised Code. | 32163 |
| (B) "Business income" means income, including gain or loss, | 32164 |
| arising from transactions, activities, and sources in the regular | 32165 |
| course of a trade or business and includes income, gain, or loss | 32166 |
| from real property, tangible property, and intangible property if | 32167 |
| the acquisition, rental, management, and disposition of the | 32168 |
| property constitute integral parts of the regular course of a | 32169 |
| trade or business operation. "Business income" includes income, | 32170 |
| including gain or loss, from a partial or complete liquidation of | 32171 |
| a business, including, but not limited to, gain or loss from the | 32172 |
| sale or other disposition of goodwill. | 32173 |
| (C) "Nonbusiness income" means all income other than business | 32174 |
| income and may include, but is not limited to, compensation, rents | 32175 |
| and royalties from real or tangible personal property, capital | 32176 |
| gains, interest, dividends and distributions, patent or copyright | 32177 |
| royalties, or lottery winnings, prizes, and awards. | 32178 |
| (D) "Compensation" means any form of remuneration paid to an | 32179 |
| employee for personal services. | 32180 |
| (E) "Fiduciary" means a guardian, trustee, executor, | 32181 |
| administrator, receiver, conservator, or any other person acting | 32182 |
| in any fiduciary capacity for any individual, trust, or estate. | 32183 |
| (F) "Fiscal year" means an accounting period of twelve months | 32184 |
| ending on the last day of any month other than December. | 32185 |
| (G) "Individual" means any natural person. | 32186 |
| (H) "Internal Revenue Code" means the "Internal Revenue Code | 32187 |
| of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended. | 32188 |
| (I) "Resident" means any of the following, provided that | 32189 |
| division (I)(3) of this section applies only to taxable years of a | 32190 |
| trust beginning in 2002 or thereafter: | 32191 |
| (1) An individual who is domiciled in this state, subject to | 32192 |
| section 5747.24 of the Revised Code; | 32193 |
| (2) The estate of a decedent who at the time of death was | 32194 |
| domiciled in this state. The domicile tests of section 5747.24 of | 32195 |
| the Revised Code and any election under section 5747.25 of the | 32196 |
| Revised Code are not controlling for purposes of division (I)(2) | 32197 |
| of this section. | 32198 |
| (3) A trust that, in whole or part, resides in this state. If | 32199 |
| only part of a trust resides in this state, the trust is a | 32200 |
| resident only with respect to that part. | 32201 |
| For the purposes of division (I)(3) of this section: | 32202 |
| (a) A trust resides in this state for the trust's current | 32203 |
| taxable year to the extent, as described in division (I)(3)(d) of | 32204 |
| this section, that the trust consists directly or indirectly, in | 32205 |
| whole or in part, of assets, net of any related liabilities, that | 32206 |
| were transferred, or caused to be transferred, directly or | 32207 |
| indirectly, to the trust by any of the following: | 32208 |
| (i) A person, a court, or a governmental entity or | 32209 |
| instrumentality on account of the death of a decedent, but only if | 32210 |
| the trust is described in division (I)(3)(e)(i) or (ii) of this | 32211 |
| section; | 32212 |
| (ii) A person who was domiciled in this state for the | 32213 |
| purposes of this chapter when the person directly or indirectly | 32214 |
| transferred assets to an irrevocable trust, but only if at least | 32215 |
| one of the trust's qualifying beneficiaries is domiciled in this | 32216 |
| state for the purposes of this chapter during all or some portion | 32217 |
| of the trust's current taxable year; | 32218 |
| (iii) A person who was domiciled in this state for the | 32219 |
| purposes of this chapter when the trust document or instrument or | 32220 |
| part of the trust document or instrument became irrevocable, but | 32221 |
| only if at least one of the trust's qualifying beneficiaries is a | 32222 |
| resident domiciled in this state for the purposes of this chapter | 32223 |
| during all or some portion of the trust's current taxable year. If | 32224 |
| a trust document or instrument became irrevocable upon the death | 32225 |
| of a person who at the time of death was domiciled in this state | 32226 |
| for purposes of this chapter, that person is a person described in | 32227 |
| division (I)(3)(a)(iii) of this section. | 32228 |
| (b) A trust is irrevocable to the extent that the transferor | 32229 |
| is not considered to be the owner of the net assets of the trust | 32230 |
| under sections 671 to 678 of the Internal Revenue Code. | 32231 |
| (c) With respect to a trust other than a charitable lead | 32232 |
| trust, "qualifying beneficiary" has the same meaning as "potential | 32233 |
| current beneficiary" as defined in section 1361(e)(2) of the | 32234 |
| Internal Revenue Code, and with respect to a charitable lead trust | 32235 |
| "qualifying beneficiary" is any current, future, or contingent | 32236 |
| beneficiary, but with respect to any trust "qualifying | 32237 |
| beneficiary" excludes a person or a governmental entity or | 32238 |
| instrumentality to any of which a contribution would qualify for | 32239 |
| the charitable deduction under section 170 of the Internal Revenue | 32240 |
| Code. | 32241 |
| (d) For the purposes of division (I)(3)(a) of this section, | 32242 |
| the extent to which a trust consists directly or indirectly, in | 32243 |
| whole or in part, of assets, net of any related liabilities, that | 32244 |
| were transferred directly or indirectly, in whole or part, to the | 32245 |
| trust by any of the sources enumerated in that division shall be | 32246 |
| ascertained by multiplying the fair market value of the trust's | 32247 |
| assets, net of related liabilities, by the qualifying ratio, which | 32248 |
| shall be computed as follows: | 32249 |
| (i) The first time the trust receives assets, the numerator | 32250 |
| of the qualifying ratio is the fair market value of those assets | 32251 |
| at that time, net of any related liabilities, from sources | 32252 |
| enumerated in division (I)(3)(a) of this section. The denominator | 32253 |
| of the qualifying ratio is the fair market value of all the | 32254 |
| trust's assets at that time, net of any related liabilities. | 32255 |
| (ii) Each subsequent time the trust receives assets, a | 32256 |
| revised qualifying ratio shall be computed. The numerator of the | 32257 |
| revised qualifying ratio is the sum of (1) the fair market value | 32258 |
| of the trust's assets immediately prior to the subsequent | 32259 |
| transfer, net of any related liabilities, multiplied by the | 32260 |
| qualifying ratio last computed without regard to the subsequent | 32261 |
| transfer, and (2) the fair market value of the subsequently | 32262 |
| transferred assets at the time transferred, net of any related | 32263 |
| liabilities, from sources enumerated in division (I)(3)(a) of this | 32264 |
| section. The denominator of the revised qualifying ratio is the | 32265 |
| fair market value of all the trust's assets immediately after the | 32266 |
| subsequent transfer, net of any related liabilities. | 32267 |
| (iii) Whether a transfer to the trust is by or from any of | 32268 |
| the sources enumerated in division (I)(3)(a) of this section shall | 32269 |
| be ascertained without regard to the domicile of the trust's | 32270 |
| beneficiaries. | 32271 |
| (e) For the purposes of division (I)(3)(a)(i) of this | 32272 |
| section: | 32273 |
| (i) A trust is described in division (I)(3)(e)(i) of this | 32274 |
| section if the trust is a testamentary trust and the testator of | 32275 |
| that testamentary trust was domiciled in this state at the time of | 32276 |
| the testator's death for purposes of the taxes levied under | 32277 |
| Chapter 5731. of the Revised Code. | 32278 |
| (ii) A trust is described in division (I)(3)(e)(ii) of this | 32279 |
| section if the transfer is a qualifying transfer described in any | 32280 |
| of divisions (I)(3)(f)(i) to (vi) of this section, the trust is an | 32281 |
| irrevocable inter vivos trust, and at least one of the trust's | 32282 |
| qualifying beneficiaries is domiciled in this state for purposes | 32283 |
| of this chapter during all or some portion of the trust's current | 32284 |
| taxable year. | 32285 |
| (f) For the purposes of division (I)(3)(e)(ii) of this | 32286 |
| section, a "qualifying transfer" is a transfer of assets, net of | 32287 |
| any related liabilities, directly or indirectly to a trust, if the | 32288 |
| transfer is described in any of the following: | 32289 |
| (i) The transfer is made to a trust, created by the decedent | 32290 |
| before the decedent's death and while the decedent was domiciled | 32291 |
| in this state for the purposes of this chapter, and, prior to the | 32292 |
| death of the decedent, the trust became irrevocable while the | 32293 |
| decedent was domiciled in this state for the purposes of this | 32294 |
| chapter. | 32295 |
| (ii) The transfer is made to a trust to which the decedent, | 32296 |
| prior to the decedent's death, had directly or indirectly | 32297 |
| transferred assets, net of any related liabilities, while the | 32298 |
| decedent was domiciled in this state for the purposes of this | 32299 |
| chapter, and prior to the death of the decedent the trust became | 32300 |
| irrevocable while the decedent was domiciled in this state for the | 32301 |
| purposes of this chapter. | 32302 |
| (iii) The transfer is made on account of a contractual | 32303 |
| relationship existing directly or indirectly between the | 32304 |
| transferor and either the decedent or the estate of the decedent | 32305 |
| at any time prior to the date of the decedent's death, and the | 32306 |
| decedent was domiciled in this state at the time of death for | 32307 |
| purposes of the taxes levied under Chapter 5731. of the Revised | 32308 |
| Code. | 32309 |
| (iv) The transfer is made to a trust on account of a | 32310 |
| contractual relationship existing directly or indirectly between | 32311 |
| the transferor and another person who at the time of the | 32312 |
| decedent's death was domiciled in this state for purposes of this | 32313 |
| chapter. | 32314 |
| (v) The transfer is made to a trust on account of the will of | 32315 |
| a testator. | 32316 |
| (vi) The transfer is made to a trust created by or caused to | 32317 |
| be created by a court, and the trust was directly or indirectly | 32318 |
| created in connection with or as a result of the death of an | 32319 |
| individual who, for purposes of the taxes levied under Chapter | 32320 |
| 5731. of the Revised Code, was domiciled in this state at the time | 32321 |
| of the individual's death. | 32322 |
| (g) The tax commissioner may adopt rules to ascertain the | 32323 |
| part of a trust residing in this state. | 32324 |
| (J) "Nonresident" means an individual or estate that is not a | 32325 |
| resident. An individual who is a resident for only part of a | 32326 |
| taxable year is a nonresident for the remainder of that taxable | 32327 |
| year. | 32328 |
| (K) "Pass-through entity" has the same meaning as in section | 32329 |
| 5733.04 of the Revised Code. | 32330 |
| (L) "Return" means the notifications and reports required to | 32331 |
| be filed pursuant to this chapter for the purpose of reporting the | 32332 |
| tax due and includes declarations of estimated tax when so | 32333 |
| required. | 32334 |
| (M) "Taxable year" means the calendar year or the taxpayer's | 32335 |
| fiscal year ending during the calendar year, or fractional part | 32336 |
| thereof, upon which the adjusted gross income is calculated | 32337 |
| pursuant to this chapter. | 32338 |
| (N) "Taxpayer" means any person subject to the tax imposed by | 32339 |
| section 5747.02 of the Revised Code or any pass-through entity | 32340 |
| that makes the election under division (D) of section 5747.08 of | 32341 |
| the Revised Code. | 32342 |
| (O) "Dependents" means dependents as defined in the Internal | 32343 |
| Revenue Code and as claimed in the taxpayer's federal income tax | 32344 |
| return for the taxable year or which the taxpayer would have been | 32345 |
| permitted to claim had the taxpayer filed a federal income tax | 32346 |
| return. | 32347 |
| (P) "Principal county of employment" means, in the case of a | 32348 |
| nonresident, the county within the state in which a taxpayer | 32349 |
| performs services for an employer or, if those services are | 32350 |
| performed in more than one county, the county in which the major | 32351 |
| portion of the services are performed. | 32352 |
| (Q) As used in sections 5747.50 to 5747.55 of the Revised | 32353 |
| Code: | 32354 |
| (1) "Subdivision" means any county, municipal corporation, | 32355 |
| park district, or township. | 32356 |
| (2) "Essential local government purposes" includes all | 32357 |
| functions that any subdivision is required by general law to | 32358 |
| exercise, including like functions that are exercised under a | 32359 |
| charter adopted pursuant to the Ohio Constitution. | 32360 |
| (R) "Overpayment" means any amount already paid that exceeds | 32361 |
| the figure determined to be the correct amount of the tax. | 32362 |
| (S) "Taxable income" or "Ohio taxable income" applies only to | 32363 |
| estates and trusts, and means federal taxable income, as defined | 32364 |
| and used in the Internal Revenue Code, adjusted as follows: | 32365 |
| (1) Add interest or dividends, net of ordinary, necessary, | 32366 |
| and reasonable expenses not deducted in computing federal taxable | 32367 |
| income, on obligations or securities of any state or of any | 32368 |
| political subdivision or authority of any state, other than this | 32369 |
| state and its subdivisions and authorities, but only to the extent | 32370 |
| that such net amount is not otherwise includible in Ohio taxable | 32371 |
| income and is described in either division (S)(1)(a) or (b) of | 32372 |
| this section: | 32373 |
| (a) The net amount is not attributable to the S portion of an | 32374 |
| electing small business trust and has not been distributed to | 32375 |
| beneficiaries for the taxable year; | 32376 |
| (b) The net amount is attributable to the S portion of an | 32377 |
| electing small business trust for the taxable year. | 32378 |
| (2) Add interest or dividends, net of ordinary, necessary, | 32379 |
| and reasonable expenses not deducted in computing federal taxable | 32380 |
| income, on obligations of any authority, commission, | 32381 |
| instrumentality, territory, or possession of the United States to | 32382 |
| the extent that the interest or dividends are exempt from federal | 32383 |
| income taxes but not from state income taxes, but only to the | 32384 |
| extent that such net amount is not otherwise includible in Ohio | 32385 |
| taxable income and is described in either division (S)(1)(a) or | 32386 |
| (b) of this section; | 32387 |
| (3) Add the amount of personal exemption allowed to the | 32388 |
| estate pursuant to section 642(b) of the Internal Revenue Code; | 32389 |
| (4) Deduct interest or dividends, net of related expenses | 32390 |
| deducted in computing federal taxable income, on obligations of | 32391 |
| the United States and its territories and possessions or of any | 32392 |
| authority, commission, or instrumentality of the United States to | 32393 |
| the extent that the interest or dividends are exempt from state | 32394 |
| taxes under the laws of the United States, but only to the extent | 32395 |
| that such amount is included in federal taxable income and is | 32396 |
| described in either division (S)(1)(a) or (b) of this section; | 32397 |
| (5) Deduct the amount of wages and salaries, if any, not | 32398 |
| otherwise allowable as a deduction but that would have been | 32399 |
| allowable as a deduction in computing federal taxable income for | 32400 |
| the taxable year, had the targeted jobs credit allowed under | 32401 |
| sections 38, 51, and 52 of the Internal Revenue Code not been in | 32402 |
| effect, but only to the extent such amount relates either to | 32403 |
| income included in federal taxable income for the taxable year or | 32404 |
| to income of the S portion of an electing small business trust for | 32405 |
| the taxable year; | 32406 |
| (6) Deduct any interest or interest equivalent, net of | 32407 |
| related expenses deducted in computing federal taxable income, on | 32408 |
| public obligations and purchase obligations, but only to the | 32409 |
| extent that such net amount relates either to income included in | 32410 |
| federal taxable income for the taxable year or to income of the S | 32411 |
| portion of an electing small business trust for the taxable year; | 32412 |
| (7) Add any loss or deduct any gain resulting from sale, | 32413 |
| exchange, or other disposition of public obligations to the extent | 32414 |
| that such loss has been deducted or such gain has been included in | 32415 |
| computing either federal taxable income or income of the S portion | 32416 |
| of an electing small business trust for the taxable year; | 32417 |
| (8) Except in the case of the final return of an estate, add | 32418 |
| any amount deducted by the taxpayer on both its Ohio estate tax | 32419 |
| return pursuant to section 5731.14 of the Revised Code, and on its | 32420 |
| federal income tax return in determining federal taxable income; | 32421 |
| (9)(a) Deduct any amount included in federal taxable income | 32422 |
| solely because the amount represents a reimbursement or refund of | 32423 |
| expenses that in a previous year the decedent had deducted as an | 32424 |
| itemized deduction pursuant to section 63 of the Internal Revenue | 32425 |
| Code and applicable treasury regulations. The deduction otherwise | 32426 |
| allowed under division (S)(9)(a) of this section shall be reduced | 32427 |
| to the extent the reimbursement is attributable to an amount the | 32428 |
| taxpayer or decedent deducted under this section in any taxable | 32429 |
| year. | 32430 |
| (b) Add any amount not otherwise included in Ohio taxable | 32431 |
| income for any taxable year to the extent that the amount is | 32432 |
| attributable to the recovery during the taxable year of any amount | 32433 |
| deducted or excluded in computing federal or Ohio taxable income | 32434 |
| in any taxable year, but only to the extent such amount has not | 32435 |
| been distributed to beneficiaries for the taxable year. | 32436 |
| (10) Deduct any portion of the deduction described in section | 32437 |
| 1341(a)(2) of the Internal Revenue Code, for repaying previously | 32438 |
| reported income received under a claim of right, that meets both | 32439 |
| of the following requirements: | 32440 |
| (a) It is allowable for repayment of an item that was | 32441 |
| included in the taxpayer's taxable income or the decedent's | 32442 |
| adjusted gross income for a prior taxable year and did not qualify | 32443 |
| for a credit under division (A) or (B) of section 5747.05 of the | 32444 |
| Revised Code for that year. | 32445 |
| (b) It does not otherwise reduce the taxpayer's taxable | 32446 |
| income or the decedent's adjusted gross income for the current or | 32447 |
| any other taxable year. | 32448 |
| (11) Add any amount claimed as a credit under section | 32449 |
| 5747.059 of the Revised Code to the extent that the amount | 32450 |
| satisfies either of the following: | 32451 |
| (a) The amount was deducted or excluded from the computation | 32452 |
| of the taxpayer's federal taxable income as required to be | 32453 |
| reported for the taxpayer's taxable year under the Internal | 32454 |
| Revenue Code; | 32455 |
| (b) The amount resulted in a reduction in the taxpayer's | 32456 |
| federal taxable income as required to be reported for any of the | 32457 |
| taxpayer's taxable years under the Internal Revenue Code. | 32458 |
| (12) Deduct any amount, net of related expenses deducted in | 32459 |
| computing federal taxable income, that a trust is required to | 32460 |
| report as farm income on its federal income tax return, but only | 32461 |
| if the assets of the trust include at least ten acres of land | 32462 |
| satisfying the definition of "land devoted exclusively to | 32463 |
| agricultural use" under section 5713.30 of the Revised Code, | 32464 |
| regardless of whether the land is valued for tax purposes as such | 32465 |
| land under sections 5713.30 to 5713.38 of the Revised Code. If the | 32466 |
|
trust is a
| 32467 |
| 5747.231 of the Revised Code applies in ascertaining if the trust | 32468 |
| is eligible to claim the deduction provided by division (S)(12) of | 32469 |
| this section in connection with the pass-through entity's farm | 32470 |
| income. | 32471 |
| Except for farm income attributable to the S portion of an | 32472 |
| electing small business trust, the deduction provided by division | 32473 |
| (S)(12) of this section is allowed only to the extent that the | 32474 |
| trust has not distributed such farm income. Division (S)(12) of | 32475 |
| this section applies only to taxable years of a trust beginning in | 32476 |
| 2002 or thereafter. | 32477 |
| (13) Add the net amount of income described in section 641(c) | 32478 |
| of the Internal Revenue Code to the extent that amount is not | 32479 |
| included in federal taxable income. | 32480 |
| (14) Add or deduct the amount the taxpayer would be required | 32481 |
| to add or deduct under division (A)(20) or (21) of this section if | 32482 |
| the taxpayer's Ohio taxable income were computed in the same | 32483 |
| manner as an individual's Ohio adjusted gross income is computed | 32484 |
| under this section. In the case of a trust, division (S)(14) of | 32485 |
| this section applies only to any of the trust's taxable years | 32486 |
| beginning in 2002 or thereafter. | 32487 |
| (T) "School district income" and "school district income tax" | 32488 |
| have the same meanings as in section 5748.01 of the Revised Code. | 32489 |
| (U) As used in divisions (A)(8), (A)(9), (S)(6), and (S)(7) | 32490 |
| of this section, "public obligations," "purchase obligations," and | 32491 |
| "interest or interest equivalent" have the same meanings as in | 32492 |
| section 5709.76 of the Revised Code. | 32493 |
| (V) "Limited liability company" means any limited liability | 32494 |
| company formed under Chapter 1705. of the Revised Code or under | 32495 |
| the laws of any other state. | 32496 |
| (W) "Pass-through entity investor" means any person who, | 32497 |
| during any portion of a taxable year of a pass-through entity, is | 32498 |
| a partner, member, shareholder, or equity investor in that | 32499 |
| pass-through entity. | 32500 |
| (X) "Banking day" has the same meaning as in section 1304.01 | 32501 |
| of the Revised Code. | 32502 |
| (Y) "Month" means a calendar month. | 32503 |
| (Z) "Quarter" means the first three months, the second three | 32504 |
| months, the third three months, or the last three months of the | 32505 |
| taxpayer's taxable year. | 32506 |
| (AA)(1) "Eligible institution" means a state university or | 32507 |
| state institution of higher education as defined in section | 32508 |
| 3345.011 of the Revised Code, or a private, nonprofit college, | 32509 |
| university, or other post-secondary institution located in this | 32510 |
| state that possesses a certificate of authorization issued by the | 32511 |
| Ohio board of regents pursuant to Chapter 1713. of the Revised | 32512 |
| Code or a certificate of registration issued by the state board of | 32513 |
| career colleges and schools under Chapter 3332. of the Revised | 32514 |
| Code. | 32515 |
| (2) "Qualified tuition and fees" means tuition and fees | 32516 |
| imposed by an eligible institution as a condition of enrollment or | 32517 |
| attendance, not exceeding two thousand five hundred dollars in | 32518 |
| each of the individual's first two years of post-secondary | 32519 |
| education. If the individual is a part-time student, "qualified | 32520 |
| tuition and fees" includes tuition and fees paid for the academic | 32521 |
| equivalent of the first two years of post-secondary education | 32522 |
| during a maximum of five taxable years, not exceeding a total of | 32523 |
| five thousand dollars. "Qualified tuition and fees" does not | 32524 |
| include: | 32525 |
| (a) Expenses for any course or activity involving sports, | 32526 |
| games, or hobbies unless the course or activity is part of the | 32527 |
| individual's degree or diploma program; | 32528 |
| (b) The cost of books, room and board, student activity fees, | 32529 |
| athletic fees, insurance expenses, or other expenses unrelated to | 32530 |
| the individual's academic course of instruction; | 32531 |
| (c) Tuition, fees, or other expenses paid or reimbursed | 32532 |
| through an employer, scholarship, grant in aid, or other | 32533 |
| educational benefit program. | 32534 |
| (BB)(1) "Modified business income" means the business income | 32535 |
| included in a trust's Ohio taxable income after such taxable | 32536 |
| income is first reduced by the qualifying trust amount, if any. | 32537 |
| (2) "Qualifying trust amount" of a trust means capital gains | 32538 |
| and losses from the sale, exchange, or other disposition of equity | 32539 |
| or ownership interests in, or debt obligations of, a qualifying | 32540 |
| investee to the extent included in the trust's Ohio taxable | 32541 |
| income, but only if the following requirements are satisfied: | 32542 |
| (a) The book value of the qualifying investee's physical | 32543 |
| assets in this state and everywhere, as of the last day of the | 32544 |
| qualifying investee's fiscal or calendar year ending immediately | 32545 |
| prior to the date on which the trust recognizes the gain or loss, | 32546 |
| is available to the trust. | 32547 |
| (b) The requirements of section 5747.011 of the Revised Code | 32548 |
| are satisfied for the trust's taxable year in which the trust | 32549 |
| recognizes the gain or loss. | 32550 |
| Any gain or loss that is not a qualifying trust amount is | 32551 |
| modified business income, qualifying investment income, or | 32552 |
| modified nonbusiness income, as the case may be. | 32553 |
| (3) "Modified nonbusiness income" means a trust's Ohio | 32554 |
| taxable income other than modified business income, other than the | 32555 |
| qualifying trust amount, and other than qualifying investment | 32556 |
| income, as defined in section 5747.012 of the Revised Code, to the | 32557 |
| extent such qualifying investment income is not otherwise part of | 32558 |
| modified business income. | 32559 |
| (4) "Modified Ohio taxable income" applies only to trusts, | 32560 |
| and means the sum of the amounts described in divisions (BB)(4)(a) | 32561 |
| to (c) of this section: | 32562 |
| (a) The fraction, calculated under section 5747.013, and | 32563 |
| applying section 5747.231 of the Revised Code, multiplied by the | 32564 |
| sum of the following amounts: | 32565 |
| (i) The trust's modified business income; | 32566 |
| (ii) The trust's qualifying investment income, as defined in | 32567 |
| section 5747.012 of the Revised Code, but only to the extent the | 32568 |
| qualifying investment income does not otherwise constitute | 32569 |
| modified business income and does not otherwise constitute a | 32570 |
| qualifying trust amount. | 32571 |
| (b) The qualifying trust amount multiplied by a fraction, the | 32572 |
| numerator of which is the sum of the book value of the qualifying | 32573 |
| investee's physical assets in this state on the last day of the | 32574 |
| qualifying investee's fiscal or calendar year ending immediately | 32575 |
| prior to the day on which the trust recognizes the qualifying | 32576 |
| trust amount, and the denominator of which is the sum of the book | 32577 |
| value of the qualifying investee's total physical assets | 32578 |
| everywhere on the last day of the qualifying investee's fiscal or | 32579 |
| calendar year ending immediately prior to the day on which the | 32580 |
| trust recognizes the qualifying trust amount. If, for a taxable | 32581 |
| year, the trust recognizes a qualifying trust amount with respect | 32582 |
| to more than one qualifying investee, the amount described in | 32583 |
| division (BB)(4)(b) of this section shall equal the sum of the | 32584 |
| products so computed for each such qualifying investee. | 32585 |
| (c)(i) With respect to a trust or portion of a trust that is | 32586 |
| a resident as ascertained in accordance with division (I)(3)(d) of | 32587 |
| this section, its modified nonbusiness income. | 32588 |
| (ii) With respect to a trust or portion of a trust that is | 32589 |
| not a resident as ascertained in accordance with division | 32590 |
| (I)(3)(d) of this section, the amount of its modified nonbusiness | 32591 |
| income satisfying the descriptions in divisions (B)(2) to (5) of | 32592 |
| section 5747.20 of the Revised Code, except as otherwise provided | 32593 |
| in division (BB)(4)(c)(ii) of this section. With respect to a | 32594 |
| trust or portion of a trust that is not a resident as ascertained | 32595 |
| in accordance with division (I)(3)(d) of this section, the trust's | 32596 |
| portion of modified nonbusiness income recognized from the sale, | 32597 |
| exchange, or other disposition of a debt interest in or equity | 32598 |
| interest in a section 5747.212 entity, as defined in section | 32599 |
| 5747.212 of the Revised Code, without regard to division (A) of | 32600 |
| that section, shall not be allocated to this state in accordance | 32601 |
| with section 5747.20 of the Revised Code but shall be apportioned | 32602 |
| to this state in accordance with division (B) of section 5747.212 | 32603 |
| of the Revised Code without regard to division (A) of that | 32604 |
| section. | 32605 |
| If the allocation and apportionment of a trust's income under | 32606 |
| divisions (BB)(4)(a) and (c) of this section do not fairly | 32607 |
| represent the modified Ohio taxable income of the trust in this | 32608 |
| state, the alternative methods described in division (C) of | 32609 |
| section 5747.21 of the Revised Code may be applied in the manner | 32610 |
| and to the same extent provided in that section. | 32611 |
| (5)(a) Except as set forth in division (BB)(5)(b) of this | 32612 |
| section, "qualifying investee" means a person in which a trust has | 32613 |
| an equity or ownership interest, or a person or unit of government | 32614 |
| the debt obligations of either of which are owned by a trust. For | 32615 |
| the purposes of division (BB)(2)(a) of this section and for the | 32616 |
| purpose of computing the fraction described in division (BB)(4)(b) | 32617 |
| of this section, all of the following apply: | 32618 |
| (i) If the qualifying investee is a member of a qualifying | 32619 |
| controlled group on the last day of the qualifying investee's | 32620 |
| fiscal or calendar year ending immediately prior to the date on | 32621 |
| which the trust recognizes the gain or loss, then "qualifying | 32622 |
| investee" includes all persons in the qualifying controlled group | 32623 |
| on such last day. | 32624 |
| (ii) If the qualifying investee, or if the qualifying | 32625 |
| investee and any members of the qualifying controlled group of | 32626 |
| which the qualifying investee is a member on the last day of the | 32627 |
| qualifying investee's fiscal or calendar year ending immediately | 32628 |
| prior to the date on which the trust recognizes the gain or loss, | 32629 |
| separately or cumulatively own, directly or indirectly, on the | 32630 |
| last day of the qualifying investee's fiscal or calendar year | 32631 |
| ending immediately prior to the date on which the trust recognizes | 32632 |
| the qualifying trust amount, more than fifty per cent of the | 32633 |
| equity of a pass-through entity, then the qualifying investee and | 32634 |
| the other members are deemed to own the proportionate share of the | 32635 |
| pass-through entity's physical assets which the pass-through | 32636 |
| entity directly or indirectly owns on the last day of the | 32637 |
| pass-through entity's calendar or fiscal year ending within or | 32638 |
| with the last day of the qualifying investee's fiscal or calendar | 32639 |
| year ending immediately prior to the date on which the trust | 32640 |
| recognizes the qualifying trust amount. | 32641 |
| (iii) For the purposes of division (BB)(5)(a)(iii) of this | 32642 |
| section, "upper level pass-through entity" means a pass-through | 32643 |
| entity directly or indirectly owning any equity of another | 32644 |
| pass-through entity, and "lower level pass-through entity" means | 32645 |
| that other pass-through entity. | 32646 |
| An upper level pass-through entity, whether or not it is also | 32647 |
| a qualifying investee, is deemed to own, on the last day of the | 32648 |
| upper level pass-through entity's calendar or fiscal year, the | 32649 |
| proportionate share of the lower level pass-through entity's | 32650 |
| physical assets that the lower level pass-through entity directly | 32651 |
| or indirectly owns on the last day of the lower level pass-through | 32652 |
| entity's calendar or fiscal year ending within or with the last | 32653 |
| day of the upper level pass-through entity's fiscal or calendar | 32654 |
| year. If the upper level pass-through entity directly and | 32655 |
| indirectly owns less than fifty per cent of the equity of the | 32656 |
| lower level pass-through entity on each day of the upper level | 32657 |
| pass-through entity's calendar or fiscal year in which or with | 32658 |
| which ends the calendar or fiscal year of the lower level | 32659 |
| pass-through entity and if, based upon clear and convincing | 32660 |
| evidence, complete information about the location and cost of the | 32661 |
| physical assets of the lower pass-through entity is not available | 32662 |
| to the upper level pass-through entity, then solely for purposes | 32663 |
| of ascertaining if a gain or loss constitutes a qualifying trust | 32664 |
| amount, the upper level pass-through entity shall be deemed as | 32665 |
| owning no equity of the lower level pass-through entity for each | 32666 |
| day during the upper level pass-through entity's calendar or | 32667 |
| fiscal year in which or with which ends the lower level | 32668 |
| pass-through entity's calendar or fiscal year. Nothing in division | 32669 |
| (BB)(5)(a)(iii) of this section shall be construed to provide for | 32670 |
| any deduction or exclusion in computing any trust's Ohio taxable | 32671 |
| income. | 32672 |
| (b) With respect to a trust that is not a resident for the | 32673 |
| taxable year and with respect to a part of a trust that is not a | 32674 |
| resident for the taxable year, "qualifying investee" for that | 32675 |
| taxable year does not include a C corporation if both of the | 32676 |
| following apply: | 32677 |
| (i) During the taxable year the trust or part of the trust | 32678 |
| recognizes a gain or loss from the sale, exchange, or other | 32679 |
| disposition of equity or ownership interests in, or debt | 32680 |
| obligations of, the C corporation. | 32681 |
| (ii) Such gain or loss constitutes nonbusiness income. | 32682 |
| (6) "Available" means information is such that a person is | 32683 |
| able to learn of the information by the due date plus extensions, | 32684 |
| if any, for filing the return for the taxable year in which the | 32685 |
| trust recognizes the gain or loss. | 32686 |
| (CC) "Qualifying controlled group" has the same meaning as in | 32687 |
| section 5733.04 of the Revised Code. | 32688 |
| (DD) "Related member" has the same meaning as in section | 32689 |
| 5733.042 of the Revised Code. | 32690 |
| (EE)(1) For the purposes of division (EE) of this section: | 32691 |
| (a) "Qualifying person" means any person other than a | 32692 |
| qualifying corporation. | 32693 |
| (b) "Qualifying corporation" means any person classified for | 32694 |
| federal income tax purposes as an association taxable as a | 32695 |
| corporation, except either of the following: | 32696 |
| (i) A corporation that has made an election under subchapter | 32697 |
| S, chapter one, subtitle A, of the Internal Revenue Code for its | 32698 |
| taxable year ending within, or on the last day of, the investor's | 32699 |
| taxable year; | 32700 |
| (ii) A subsidiary that is wholly owned by any corporation | 32701 |
| that has made an election under subchapter S, chapter one, | 32702 |
| subtitle A of the Internal Revenue Code for its taxable year | 32703 |
| ending within, or on the last day of, the investor's taxable year. | 32704 |
| (2) For the purposes of this chapter, unless expressly stated | 32705 |
| otherwise, no qualifying person indirectly owns any asset directly | 32706 |
| or indirectly owned by any qualifying corporation. | 32707 |
| (FF) For purposes of this chapter and Chapter 5751. of the | 32708 |
| Revised Code: | 32709 |
| (1) "Trust" does not include a qualified pre-income tax | 32710 |
| trust. | 32711 |
| (2) A "qualified pre-income tax trust" is any pre-income tax | 32712 |
| trust that makes a qualifying pre-income tax trust election as | 32713 |
| described in division (FF)(3) of this section. | 32714 |
| (3) A "qualifying pre-income tax trust election" is an | 32715 |
| election by a pre-income tax trust to subject to the tax imposed | 32716 |
| by section 5751.02 of the Revised Code the pre-income tax trust | 32717 |
| and all pass-through entities of which the trust owns or controls, | 32718 |
| directly, indirectly, or constructively through related interests, | 32719 |
| five per cent or more of the ownership or equity interests. The | 32720 |
| trustee shall notify the tax commissioner in writing of the | 32721 |
| election on or before April 15, 2006. The election, if timely | 32722 |
| made, shall be effective on and after January 1, 2006, and shall | 32723 |
| apply for all tax periods and tax years until revoked by the | 32724 |
| trustee of the trust. | 32725 |
| (4) A "pre-income tax trust" is a trust that satisfies all of | 32726 |
| the following requirements: | 32727 |
| (a) The document or instrument creating the trust was | 32728 |
| executed by the grantor before January 1, 1972; | 32729 |
| (b) The trust became irrevocable upon the creation of the | 32730 |
| trust; and | 32731 |
| (c) The grantor was domiciled in this state at the time the | 32732 |
| trust was created. | 32733 |
| Sec. 5747.012. This section applies for the purposes of | 32734 |
| divisions (BB)(3) and (BB)(4)(a)(ii) of section 5747.01 of the | 32735 |
| Revised Code. | 32736 |
| (A) As used in this section: | 32737 |
| (1)(a) Except as set forth in division (A)(1)(b) of this | 32738 |
| section, "qualifying investment income" means the portion of a | 32739 |
| qualifying investment pass-through entity's net income | 32740 |
| attributable to transaction fees in connection with the | 32741 |
| acquisition, ownership, or disposition of intangible property; | 32742 |
| loan fees; financing fees; consent fees; waiver fees; application | 32743 |
| fees; net management fees; dividend income; interest income; net | 32744 |
| capital gains from the sale or exchange or other disposition of | 32745 |
| intangible property; and all types and classifications of income | 32746 |
| attributable to distributive shares of income from other | 32747 |
| pass-through entities. | 32748 |
| (b)(i) Notwithstanding division (A)(1)(a) of this section, | 32749 |
| "qualifying investment income" does not include any part of the | 32750 |
| qualifying investment pass-through entity's net capital gain | 32751 |
| which, after the application of section 5747.231 of the Revised | 32752 |
| Code with respect to a trust, would also constitute a qualifying | 32753 |
| trust amount. | 32754 |
| (ii) Notwithstanding division (A)(1)(a) of this section, | 32755 |
| "qualifying investment income" does not include any part of the | 32756 |
| qualifying investment pass-through entity's net income | 32757 |
| attributable to the portion of a distributive share of income | 32758 |
| directly or indirectly from another pass-through entity to the | 32759 |
| extent such portion constitutes the other pass-through entity's | 32760 |
| net capital gain which, after the application of section 5747.231 | 32761 |
| of the Revised Code with respect to a trust, would also constitute | 32762 |
| a qualifying trust amount. | 32763 |
| (2) "Qualifying investment pass-through entity" means an | 32764 |
| investment pass-through entity, as defined in section 5733.401 of | 32765 |
| the Revised Code, subject to the following qualifications: | 32766 |
| (a) "Forty per cent" shall be substituted for "ninety per | 32767 |
| cent" wherever "ninety per cent" appears in section 5733.401 of | 32768 |
| the Revised Code. | 32769 |
| (b) The pass-through entity must have been formed or | 32770 |
| organized as an entity prior to June 5, 2002, and must exist as a | 32771 |
| pass-through entity for all of the taxable year of the trust. | 32772 |
| (c) The qualifying section 5747.012 trust or related persons | 32773 |
| to the qualifying section 5747.012 trust must directly or | 32774 |
| indirectly own at least five per cent of the equity of the | 32775 |
| investment pass-through entity each day of the entity's fiscal or | 32776 |
| calendar year ending within or with the last day of the qualifying | 32777 |
| section 5747.012 trust's taxable year; | 32778 |
| (d) During the investment pass-through entity's calendar or | 32779 |
| fiscal year ending within or with the last day of the qualifying | 32780 |
| section 5747.012 trust's taxable year, the qualifying section | 32781 |
| 5747.012 trust or related persons of or to the qualifying section | 32782 |
| 5747.012 trust must, on each day of the investment pass-through | 32783 |
| entity's year, own directly, or own through equity investments in | 32784 |
| other pass-through entities, more than sixty per cent of the | 32785 |
| equity of the investment pass-through entity. | 32786 |
| (B) "Qualifying section 5747.012 trust" means a trust | 32787 |
| satisfying one of the following: | 32788 |
| (1) The trust was created prior to, and was irrevocable on, | 32789 |
| June 5, 2002; or | 32790 |
| (2) If the trust was created after June 4, 2002, or if the | 32791 |
| trust became irrevocable after June 4, 2002, then at least eighty | 32792 |
| per cent of the assets transferred to the trust must have been | 32793 |
| previously owned by related persons to the trust or by a trust | 32794 |
| created prior to June 5, 2002, under which the creator did not | 32795 |
| retain the power to change beneficiaries, amend the trust, or | 32796 |
| revoke the trust. For purposes of division (B)(2) of this section, | 32797 |
| the power to substitute property of equal value shall not be | 32798 |
| considered to be a power to change beneficiaries, amend the trust, | 32799 |
| or revoke the trust. | 32800 |
| (C) For the purposes of this section, "related persons" means | 32801 |
| the family of a qualifying individual beneficiary, as defined in | 32802 |
| division (A)(5) of section 5747.011 of the Revised Code. For the | 32803 |
| purposes of this division, "family" has the same meaning as in | 32804 |
| division (A)(6) of section 5747.011 of the Revised Code. | 32805 |
| (D) For the purposes of applying divisions (A)(2)(c), | 32806 |
| (A)(2)(d), and (B)(2) of this section, the related persons or the | 32807 |
| qualifying section 5747.012 trust, as the case may be, shall be | 32808 |
| deemed to own the equity of the investment pass-through entity | 32809 |
| after the application of division (B) of section 5747.011 of the | 32810 |
| Revised Code. | 32811 |
| (E) "Irrevocable" has the same meaning as in division | 32812 |
| (I)(3)(b) of section 5747.01 of the Revised Code. | 32813 |
| (F) Nothing in this section requires any item of income, | 32814 |
| gain, or loss not satisfying the definition of qualifying | 32815 |
| investment income to be treated as modified nonbusiness income. | 32816 |
| Any item of income, gain, or loss that is not qualifying | 32817 |
| investment income is modified business income, modified | 32818 |
| nonbusiness income, or a qualifying trust amount, as the case may | 32819 |
| be. | 32820 |
| Sec. 5747.05. As used in this section, "income tax" includes | 32821 |
| both a tax on net income and a tax measured by net income. | 32822 |
| The following credits shall be allowed against the income tax | 32823 |
| imposed by section 5747.02 of the Revised Code on individuals and | 32824 |
| estates: | 32825 |
| (A)(1) The amount of tax otherwise due under section 5747.02 | 32826 |
| of the Revised Code on such portion of the adjusted gross income | 32827 |
| of any nonresident taxpayer that is not allocable to this state | 32828 |
| pursuant to sections 5747.20 to 5747.23 of the Revised Code; | 32829 |
| (2) The credit provided under this division shall not exceed | 32830 |
| the portion of the total tax due under section 5747.02 of the | 32831 |
| Revised Code that the amount of the nonresident taxpayer's | 32832 |
| adjusted gross income not allocated to this state pursuant to | 32833 |
| sections 5747.20 to 5747.23 of the Revised Code bears to the total | 32834 |
| adjusted gross income of the nonresident taxpayer derived from all | 32835 |
| sources everywhere. | 32836 |
| (3) The tax commissioner may enter into an agreement with the | 32837 |
| taxing authorities of any state or of the District of Columbia | 32838 |
| that imposes an income tax to provide that compensation paid in | 32839 |
| this state to a nonresident taxpayer shall not be subject to the | 32840 |
| tax levied in section 5747.02 of the Revised Code so long as | 32841 |
| compensation paid in such other state or in the District of | 32842 |
| Columbia to a resident taxpayer shall likewise not be subject to | 32843 |
| the income tax of such other state or of the District of Columbia. | 32844 |
| (B) The lesser of division (B)(1) or (2) of this section: | 32845 |
| (1) The amount of tax otherwise due under section 5747.02 of | 32846 |
| the Revised Code on such portion of the adjusted gross income of a | 32847 |
| resident taxpayer that in another state or in the District of | 32848 |
| Columbia is subjected to an income tax. The credit provided under | 32849 |
| division (B)(1) of this section shall not exceed the portion of | 32850 |
| the total tax due under section 5747.02 of the Revised Code that | 32851 |
| the amount of the resident taxpayer's adjusted gross income | 32852 |
| subjected to an income tax in the other state or in the District | 32853 |
| of Columbia bears to the total adjusted gross income of the | 32854 |
| resident taxpayer derived from all sources everywhere. | 32855 |
| (2) The amount of income tax liability to another state or | 32856 |
| the District of Columbia on the portion of the adjusted gross | 32857 |
| income of a resident taxpayer that in another state or in the | 32858 |
| District of Columbia is subjected to an income tax. The credit | 32859 |
| provided under division (B)(2) of this section shall not exceed | 32860 |
| the amount of tax otherwise due under section 5747.02 of the | 32861 |
| Revised Code. | 32862 |
| (3) If the credit provided under division (B) of this section | 32863 |
| is affected by a change in either the portion of adjusted gross | 32864 |
| income of a resident taxpayer subjected to an income tax in | 32865 |
| another state or the District of Columbia or the amount of income | 32866 |
| tax liability that has been paid to another state or the District | 32867 |
| of Columbia, the taxpayer shall report the change to the tax | 32868 |
| commissioner within sixty days of the change in such form as the | 32869 |
| commissioner requires. | 32870 |
| (a) In the case of an underpayment, the report shall be | 32871 |
| accompanied by payment of any additional tax due as a result of | 32872 |
| the reduction in credit together with interest on the additional | 32873 |
| tax and is a return subject to assessment under section 5747.13 of | 32874 |
| the Revised Code solely for the purpose of assessing any | 32875 |
| additional tax due under this division, together with any | 32876 |
| applicable penalty and interest. It shall not reopen the | 32877 |
| computation of the taxpayer's tax liability under this chapter | 32878 |
| from a previously filed return no longer subject to assessment | 32879 |
| except to the extent that such liability is affected by an | 32880 |
| adjustment to the credit allowed by division (B) of this section. | 32881 |
| (b) In the case of an overpayment, an application for refund | 32882 |
| may be filed under this division within the sixty day period | 32883 |
| prescribed for filing the report even if it is beyond the period | 32884 |
| prescribed in section 5747.11 of the Revised Code if it otherwise | 32885 |
| conforms to the requirements of such section. An application filed | 32886 |
| under this division shall only claim refund of overpayments | 32887 |
| resulting from an adjustment to the credit allowed by division (B) | 32888 |
| of this section unless it is also filed within the time prescribed | 32889 |
| in section 5747.11 of the Revised Code. It shall not reopen the | 32890 |
| computation of the taxpayer's tax liability except to the extent | 32891 |
| that such liability is affected by an adjustment to the credit | 32892 |
| allowed by division (B) of this section. | 32893 |
| (4) No credit shall be allowed under division (B) of this | 32894 |
| section | 32895 |
| paid or accrued to another state or to the District of Columbia if | 32896 |
| the taxpayer, when computing federal adjusted gross income, has | 32897 |
| directly or indirectly deducted, or was required to directly or | 32898 |
| indirectly deduct, the amount of that income tax | 32899 |
| 32900 | |
| 32901 |
| (C) For a taxpayer sixty-five years of age or older during | 32902 |
| the taxable year, a credit for such year equal to fifty dollars | 32903 |
| for each return required to be filed under section 5747.08 of the | 32904 |
| Revised Code. | 32905 |
| (D) A taxpayer sixty-five years of age or older during the | 32906 |
| taxable year who has received a lump-sum distribution from a | 32907 |
| pension, retirement, or profit-sharing plan in the taxable year | 32908 |
| may elect to receive a credit under this division in lieu of the | 32909 |
| credit to which the taxpayer is entitled under division (C) of | 32910 |
| this section. A taxpayer making such election shall receive a | 32911 |
| credit for the taxable year equal to fifty dollars times the | 32912 |
| taxpayer's expected remaining life as shown by annuity tables | 32913 |
| issued under the provisions of the Internal Revenue Code and in | 32914 |
| effect for the calendar year which includes the last day of the | 32915 |
| taxable year. A taxpayer making an election under this division is | 32916 |
| not entitled to the credit authorized under division (C) of this | 32917 |
| section in subsequent taxable years except that if such election | 32918 |
| was made prior to July 1, 1983, the taxpayer is entitled to | 32919 |
| one-half the credit authorized under such division in subsequent | 32920 |
| taxable years but may not make another election under this | 32921 |
| division. | 32922 |
| (E) A taxpayer who is not sixty-five years of age or older | 32923 |
| during the taxable year who has received a lump-sum distribution | 32924 |
| from a pension, retirement, or profit-sharing plan in a taxable | 32925 |
| year ending on or before July 31, 1991, may elect to take a credit | 32926 |
| against the tax otherwise due under this chapter for such year | 32927 |
| equal to fifty dollars times the expected remaining life of a | 32928 |
| taxpayer sixty-five years of age as shown by annuity tables issued | 32929 |
| under the provisions of the Internal Revenue Code and in effect | 32930 |
| for the calendar year which includes the last day of the taxable | 32931 |
| year. A taxpayer making an election under this division is not | 32932 |
| entitled to a credit under division (C) or (D) of this section in | 32933 |
| any subsequent year except that if such election was made prior to | 32934 |
| July 1, 1983, the taxpayer is entitled to one-half the credit | 32935 |
| authorized under division (C) of this section in subsequent years | 32936 |
| but may not make another election under this division. No taxpayer | 32937 |
| may make an election under this division for a taxable year ending | 32938 |
| on or after August 1, 1991. | 32939 |
| (F) A taxpayer making an election under either division (D) | 32940 |
| or (E) of this section may make only one such election in the | 32941 |
| taxpayer's lifetime. | 32942 |
| (G)(1) On a joint return filed by a husband and wife, each of | 32943 |
| whom had adjusted gross income of at least five hundred dollars, | 32944 |
| exclusive of interest, dividends and distributions, royalties, | 32945 |
| rent, and capital gains, a credit equal to the percentage shown in | 32946 |
| the table contained in this division of the amount of tax due | 32947 |
| after allowing for any other credit that precedes the credit under | 32948 |
| this division in the order required under section 5747.98 of the | 32949 |
| Revised Code. | 32950 |
| (2) The credit to which a taxpayer is entitled under this | 32951 |
| division in any taxable year is the percentage shown in column B | 32952 |
| that corresponds with the taxpayer's adjusted gross income, less | 32953 |
| exemptions for the taxable year: | 32954 |
| A. | B. | 32955 |
| IF THE ADJUSTED GROSS INCOME, LESS EXEMPTIONS, FOR THE TAX YEAR IS: | THE CREDIT FOR THE TAXABLE YEAR IS: | 32956 |
| $25,000 or less | 20% | 32957 | ||
| More than $25,000 but not more than $50,000 | 15% | 32958 | ||
| More than $50,000 but not more than $75,000 | 10% | 32959 | ||
| More than $75,000 | 5% | 32960 |
| (3) The credit allowed under this division shall not exceed | 32961 |
| six hundred fifty dollars in any taxable year. | 32962 |
| (H) No claim for credit under this section shall be allowed | 32963 |
| unless the claimant furnishes such supporting information as the | 32964 |
| tax commissioner prescribes by rules. Each credit under this | 32965 |
| section shall be claimed in the order required under section | 32966 |
| 5747.98 of the Revised Code. | 32967 |
| (I) An individual who is a resident for part of a taxable | 32968 |
| year and a nonresident for the remainder of the taxable year is | 32969 |
| allowed the credits under divisions (A) and (B) of this section in | 32970 |
| accordance with rules prescribed by the tax commissioner. In no | 32971 |
| event shall the same income be subject to both credits. | 32972 |
| (J) The credit allowed under division (A) of this section | 32973 |
| shall be calculated based upon the amount of tax due under section | 32974 |
| 5747.02 of the Revised Code after subtracting any other credits | 32975 |
| that precede the credit under that division in the order required | 32976 |
| under section 5747.98 of the Revised Code. The credit allowed | 32977 |
| under division (B) of this section shall be calculated based upon | 32978 |
| the amount of tax due under section 5747.02 of the Revised Code | 32979 |
| after subtracting any other credits that precede the credit under | 32980 |
| that division in the order required under section 5747.98 of the | 32981 |
| Revised Code. | 32982 |
| (K) No credit shall be allowed under division (B) of this | 32983 |
| section unless the taxpayer furnishes such proof as the tax | 32984 |
| commissioner shall require that the income tax liability has been | 32985 |
| paid to another state or the District of Columbia. | 32986 |
| (L) No credit shall be allowed under division (B) of this | 32987 |
| section for compensation that is not subject to the income tax of | 32988 |
| another state or the District of Columbia as the result of an | 32989 |
| agreement entered into by the tax commissioner under division | 32990 |
| (A)(3) of this section. | 32991 |
| Sec. 5747.056. For taxable years beginning in 2005 or | 32992 |
| thereafter, a credit shall be allowed per return against the tax | 32993 |
| imposed by section 5747.02 of the Revised Code for | 32994 |
| 32995 | |
| adjusted gross income less exemptions | 32996 |
| or less. For taxable years beginning in 2005, the credit shall | 32997 |
| equal one hundred seven dollars. For taxable years beginning in | 32998 |
| 2006, the credit shall equal one hundred two dollars. For taxable | 32999 |
| years beginning in 2007, the credit shall equal ninety-eight | 33000 |
| dollars. For taxable years beginning in 2008, the credit shall | 33001 |
| equal ninety-three dollars. For taxable years beginning in 2009 or | 33002 |
| thereafter, the credit shall equal eighty-eight dollars. The | 33003 |
| credit shall be claimed in the order required under section | 33004 |
| 5747.98 of the Revised Code. | 33005 |
| Sec. 5747.11. (A) The tax commissioner shall refund to | 33006 |
| employers, qualifying entities, or taxpayers, with respect to any | 33007 |
| tax imposed under section 5733.41, 5747.02, or 5747.41, or Chapter | 33008 |
| 5748. of the Revised Code: | 33009 |
| (1) Overpayments of more than one dollar; | 33010 |
| (2) Amounts in excess of one dollar paid illegally or | 33011 |
| erroneously; | 33012 |
| (3) Amounts in excess of one dollar paid on an illegal, | 33013 |
| erroneous, or excessive assessment. | 33014 |
| (B) Except as otherwise provided under divisions (D) and (E) | 33015 |
| of this section, applications for refund shall be filed with the | 33016 |
| tax commissioner, on the form prescribed by the commissioner, | 33017 |
| within four years from the date of the illegal, erroneous, or | 33018 |
| excessive payment of the tax, or within any additional period | 33019 |
| allowed by division (B)(3)(b) of section 5747.05, division (B) of | 33020 |
| section 5747.10, division (A) of section 5747.13, or division (C) | 33021 |
| of section 5747.45 of the Revised Code. | 33022 |
| On filing of the refund application, the commissioner shall | 33023 |
| determine the amount of refund due and certify such amount to the | 33024 |
| director of budget and management and treasurer of state for | 33025 |
| payment from the tax refund fund created by section 5703.052 of | 33026 |
| the Revised Code. Payment shall be made as provided in division | 33027 |
| (C) of
section | 33028 |
| (C)(1) Interest shall be allowed and paid upon any illegal or | 33029 |
| erroneous assessment in excess of one dollar in respect of the tax | 33030 |
| imposed under section 5747.02 or Chapter 5748. of the Revised Code | 33031 |
| at the rate per annum prescribed by section 5703.47 of the Revised | 33032 |
| Code from the date of the payment of the illegal or erroneous | 33033 |
| assessment until the date the refund of such amount is paid. If | 33034 |
| such refund results from the filing of a return or report, or the | 33035 |
| payment accompanying such return or report, by an employer or | 33036 |
| taxpayer, rather than from an assessment by the commissioner, such | 33037 |
| interest shall run from a period ninety days after the final | 33038 |
| filing date of the annual return until the date the refund is | 33039 |
| paid. | 33040 |
| (2) Interest shall be allowed and paid at the rate per annum | 33041 |
| prescribed by section 5703.47 of the Revised Code upon any | 33042 |
| overpayment in excess of one dollar in respect of the tax imposed | 33043 |
| under section 5747.02 or Chapter 5748. of the Revised Code from | 33044 |
| the date of the overpayment until the date of the refund of the | 33045 |
| overpayment, except that if any overpayment is refunded within | 33046 |
| ninety days after the final filing date of the annual return or | 33047 |
| ninety days after the return is filed, whichever is later, no | 33048 |
| interest shall be allowed on such overpayment. If the overpayment | 33049 |
| results from the carryback of a net operating loss or net capital | 33050 |
| loss to a previous taxable year, the overpayment is deemed not to | 33051 |
| have been made prior to the filing date, including any extension | 33052 |
| thereof, for the taxable year in which the net operating loss or | 33053 |
| net capital loss arises. For purposes of the payment of interest | 33054 |
| on overpayments, no amount of tax, for any taxable year, shall be | 33055 |
| treated as having been paid before the date on which the tax | 33056 |
| return for that year was due without regard to any extension of | 33057 |
| time for filing such return. | 33058 |
| (3) Interest shall be allowed at the rate per annum | 33059 |
| prescribed by section 5703.47 of the Revised Code on amounts | 33060 |
| refunded with respect to the taxes imposed under sections 5733.41 | 33061 |
| and 5747.41 of the Revised Code. The interest shall run from | 33062 |
| whichever of the following days is the latest until the day the | 33063 |
| refund is paid: the day the illegal, erroneous, or excessive | 33064 |
| payment was made; the ninetieth day after the final day the annual | 33065 |
| report was required to be filed under section 5747.42 of the | 33066 |
| Revised Code; or the ninetieth day after the day that report was | 33067 |
| filed. | 33068 |
| (D) "Ninety days" shall be substituted for "four years" in | 33069 |
| division (B) of this section if the taxpayer satisfies both of the | 33070 |
| following conditions: | 33071 |
| (1) The taxpayer has applied for a refund based in whole or | 33072 |
| in part upon section 5747.059 of the Revised Code; | 33073 |
| (2) The taxpayer asserts that either the imposition or | 33074 |
| collection of the tax imposed or charged by this chapter or any | 33075 |
| portion of such tax violates the Constitution of the United States | 33076 |
| or the Constitution of Ohio. | 33077 |
| (E)(1) Division (E)(2) of this section applies only if all of | 33078 |
| the following conditions are satisfied: | 33079 |
| (a) A qualifying entity pays an amount of the tax imposed by | 33080 |
| section 5733.41 or 5747.41 of the Revised Code; | 33081 |
| (b) The taxpayer is a qualifying investor as to that | 33082 |
| qualifying entity; | 33083 |
| (c) The taxpayer did not claim the credit provided for in | 33084 |
| section 5747.059 of the Revised Code as to the tax described in | 33085 |
| division (E)(1)(a) of this section; | 33086 |
| (d) The four-year period described in division (B) of this | 33087 |
| section has ended as to the taxable year for which the taxpayer | 33088 |
| otherwise would have claimed that credit. | 33089 |
| (2) A taxpayer shall file an application for refund pursuant | 33090 |
| to division (E) of this section within one year after the date the | 33091 |
| payment described in division (E)(1)(a) of this section is made. | 33092 |
| An application filed under division (E)(2) of this section shall | 33093 |
| claim refund only of overpayments resulting from the taxpayer's | 33094 |
| failure to claim the credit described in division (E)(1)(c) of | 33095 |
| this section. Nothing in division (E) of this section shall be | 33096 |
| construed to relieve a taxpayer from complying with division | 33097 |
| (A)(16) of section 5747.01 of the Revised Code. | 33098 |
| Sec. 5747.331. (A) As used in this section: | 33099 |
| (1) "Borrower" means any person that receives a loan from the | 33100 |
| director of development under section 166.21 of the Revised Code, | 33101 |
| regardless of whether the borrower is subject to the tax imposed | 33102 |
| by section 5747.02 of the Revised Code. | 33103 |
| (2) "Related member" has the same meaning as in section | 33104 |
| 5733.042 of the Revised Code. | 33105 |
| (3) "Qualified research and development loan payments" has | 33106 |
| the same meaning as in division (D) of section 166.21 of the | 33107 |
| Revised Code. | 33108 |
| (B) Beginning with taxable year 2003 and ending with taxable | 33109 |
| years beginning in 2007, a nonrefundable credit is allowed against | 33110 |
| the tax imposed by section 5747.02 of the Revised Code equal to a | 33111 |
| borrower's qualified research and development loan payments made | 33112 |
| during the calendar year that includes the last day of the taxable | 33113 |
| year for which the credit is claimed. The amount of the credit for | 33114 |
| a taxable year shall not exceed one hundred fifty thousand | 33115 |
| dollars. No taxpayer is entitled to claim a credit under this | 33116 |
| section unless it has obtained a certificate issued by the | 33117 |
| director of development under division (D) of section 166.21 of | 33118 |
| the Revised Code and submits a copy of the certificate with its | 33119 |
| report for the taxable year. Failure to submit a copy of the | 33120 |
| certificate with the report does not invalidate a claim for a | 33121 |
| credit if the taxpayer submits a copy of the certificate within | 33122 |
| sixty days after the tax commissioner requests it. The credit | 33123 |
| shall be claimed in the order required under section 5747.98 of | 33124 |
| the Revised Code. The credit, to the extent it exceeds the | 33125 |
| taxpayer's tax liability for the taxable year after allowance for | 33126 |
| any other credits that precede the credit under this section in | 33127 |
| that order, shall be carried forward to the next succeeding | 33128 |
| taxable year or years until fully used. Any credit not fully | 33129 |
| utilized by the taxable year beginning in 2007 may be carried | 33130 |
| forward and applied against the tax levied by Chapter 5751. of the | 33131 |
| Revised Code to the extent allowed by section 5751.52 of the | 33132 |
| Revised Code. | 33133 |
| (C) A borrower entitled to a credit under this section may | 33134 |
| assign the credit, or a portion thereof, to any of the following: | 33135 |
| (1) A related member of that borrower; | 33136 |
| (2) The owner or lessee of the eligible research and | 33137 |
| development project; | 33138 |
| (3) A related member of the owner or lessee of the eligible | 33139 |
| research and development project. | 33140 |
| A borrower making an assignment under this division shall | 33141 |
| provide written notice of the assignment to the tax commissioner | 33142 |
| and the director of development, in such form as the tax | 33143 |
| commissioner prescribes, before the credit that was assigned is | 33144 |
| used. The assignor may not claim the credit to the extent it was | 33145 |
| assigned to an assignee. The assignee may claim the credit only to | 33146 |
| the extent the assignor has not claimed it. | 33147 |
| (D) If any taxpayer is a shareholder in an S corporation, a | 33148 |
| partner in a partnership, or a member in a limited liability | 33149 |
| company treated as a partnership for federal income tax purposes, | 33150 |
| the taxpayer shall be allowed the taxpayer's distributive or | 33151 |
| proportionate share of the credit available through the S | 33152 |
| corporation, partnership, or limited liability company. | 33153 |
| (E) The aggregate credit against the taxes imposed by | 33154 |
| sections 5733.06, 5733.065, 5733.066, and 5747.02 of the Revised | 33155 |
| Code that may be claimed under this section and section 5733.352 | 33156 |
| of the Revised Code by a borrower as a result of qualified | 33157 |
| research and development loan payments attributable during a | 33158 |
| calendar year to any one loan shall not exceed one hundred fifty | 33159 |
| thousand dollars. | 33160 |
| Sec. 5748.01. As used in this chapter: | 33161 |
| (A) "School district income tax" means an income tax adopted | 33162 |
| under one of the following: | 33163 |
| (1) Former section 5748.03 of the Revised Code as it existed | 33164 |
| prior to its repeal by Amended Substitute House Bill No. 291 of | 33165 |
| the 115th general assembly; | 33166 |
| (2) Section 5748.03 of the Revised Code as enacted in | 33167 |
| Substitute Senate Bill No. 28 of the 118th general assembly; | 33168 |
| (3) Section 5748.08 of the Revised Code as enacted in Amended | 33169 |
| Substitute Senate Bill No. 17 of the 122nd general assembly. | 33170 |
| (B) "Individual" means an individual subject to the tax | 33171 |
| levied by section 5747.02 of the Revised Code. | 33172 |
| (C) "Estate" means an estate subject to the tax levied by | 33173 |
| section 5747.02 of the Revised Code. | 33174 |
| (D) "Taxable year" means a taxable year as defined in | 33175 |
| division (M) of section 5747.01 of the Revised Code. | 33176 |
| (E) "Taxable income" means: | 33177 |
| (1) In the case of an individual, one of the following, as | 33178 |
| specified in the resolution imposing the tax: | 33179 |
| (a) Ohio adjusted gross income for the taxable year as | 33180 |
| defined in division (A) of section 5747.01 of the Revised Code, | 33181 |
| less the exemptions provided by section 5747.02 of the Revised | 33182 |
| Code, and less military pay and allowances the deduction of which | 33183 |
| has been authorized pursuant to section 5748.011 of the Revised | 33184 |
| Code; | 33185 |
| (b) Wages, salaries, tips, and other employee compensation to | 33186 |
| the extent included in Ohio adjusted gross income as defined in | 33187 |
| section 5747.01 of the Revised Code, less military pay and | 33188 |
| allowances the deduction of which has been authorized pursuant to | 33189 |
| section 5748.011 of the Revised Code, and net earnings from | 33190 |
| self-employment, as defined in section 1402(a) of the Internal | 33191 |
| Revenue Code, to the extent included in Ohio adjusted gross | 33192 |
| income. | 33193 |
| (2) In the case of an estate, taxable income for the taxable | 33194 |
| year as defined in division (S) of section 5747.01 of the Revised | 33195 |
| Code. | 33196 |
| (F) Except as provided in section 5747.25 of the Revised | 33197 |
| Code, "resident" of the school district means: | 33198 |
| (1) An individual who is a resident of this state as defined | 33199 |
| in division (I) of section 5747.01 of the Revised Code during all | 33200 |
| or a portion of the taxable year and who, during all or a portion | 33201 |
| of such period of state residency, is domiciled in the school | 33202 |
| district or lives in and maintains a permanent place of abode in | 33203 |
| the school district; | 33204 |
| (2) An estate of a decedent who, at the time of death, was | 33205 |
| domiciled in the school district. | 33206 |
| (G) "School district income" means: | 33207 |
| (1) With respect to an individual, the portion of the taxable | 33208 |
| income of an individual that is received by the individual during | 33209 |
| the portion of the taxable year that the individual is a resident | 33210 |
| of the school district and the school district income tax is in | 33211 |
| effect in that school district. An individual may have school | 33212 |
| district income with respect to more than one school district. | 33213 |
| (2) With respect to an estate, the taxable income of the | 33214 |
| estate for the portion of the taxable year that the school | 33215 |
| district income tax is in effect in that school district. | 33216 |
| (H) "Taxpayer" means an individual or estate having school | 33217 |
| district income upon which a school district income tax is | 33218 |
| imposed. | 33219 |
| (I) "School district purposes" means any of the purposes for | 33220 |
| which a tax may be levied pursuant to section 5705.21 of the | 33221 |
| Revised Code. | 33222 |
| Sec. 5748.011. The board of education of a school district | 33223 |
| that levies a school district income tax under this chapter may, | 33224 |
| by resolution, authorize individuals to deduct, in computing an | 33225 |
| individual's taxable income under section 5748.01 of the Revised | 33226 |
| Code, military pay and allowances received by the individual | 33227 |
| during the taxable year for service in the United States army, air | 33228 |
| force, navy, marine corps, or coast guard or reserve components | 33229 |
| thereof or the national guard if the military pay and allowances | 33230 |
| were received by the individual while the individual was stationed | 33231 |
| outside this state. A deduction authorized pursuant to this | 33232 |
| section may be claimed only to the extent the military pay and | 33233 |
| allowances are included in an individual's federal adjusted gross | 33234 |
| income, as defined and used in the Internal Revenue Code, and are | 33235 |
| not otherwise allowable as a deduction or exclusion in computing | 33236 |
| the individual's federal or Ohio adjusted gross income for the | 33237 |
| taxable year as defined in section 5747.01 of the Revised Code. A | 33238 |
| copy of the resolution shall be provided to the tax commissioner | 33239 |
| upon its adoption. A resolution authorizing the deduction shall | 33240 |
| specify the taxable year with respect to which the deduction first | 33241 |
| applies, provided that the deduction cannot apply with respect to | 33242 |
| any taxable year that commences sooner than seventy-five days | 33243 |
| after the date on which the tax commissioner receives the | 33244 |
| resolution. | 33245 |
| Sec. 5748.02. (A) The board of education of any school | 33246 |
| district, except a joint vocational school district, may declare, | 33247 |
| by resolution, the necessity of raising annually a specified | 33248 |
| amount of money for school district purposes. The resolution shall | 33249 |
| specify whether the income that is to be subject to the tax is | 33250 |
| taxable income of individuals and estates as defined in divisions | 33251 |
| (E)(1)(a) and (2) of section 5748.01 of the Revised Code or | 33252 |
| taxable income of individuals as defined in division (E)(1)(b) of | 33253 |
| that section. A copy of the resolution shall be certified to the | 33254 |
| tax commissioner no later than eighty-five days prior to the date | 33255 |
| of the election at which the board intends to propose a levy under | 33256 |
| this section. Upon receipt of the copy of the resolution, the tax | 33257 |
| commissioner shall estimate both of the following: | 33258 |
| (1) The property tax rate that would have to be imposed in | 33259 |
| the current year by the district to produce an equivalent amount | 33260 |
| of money; | 33261 |
| (2) The income tax rate that would have had to have been in | 33262 |
| effect for the current year to produce an equivalent amount of | 33263 |
| money from a school district income tax. | 33264 |
| Within ten days of receiving the copy of the board's | 33265 |
| resolution, the commissioner shall prepare these estimates and | 33266 |
| certify them to the board. Upon receipt of the certification, the | 33267 |
| board may adopt a resolution proposing an income tax under | 33268 |
| division (B) of this section at the estimated rate contained in | 33269 |
| the certification rounded to the nearest one-fourth of one per | 33270 |
| cent. The commissioner's certification applies only to the board's | 33271 |
| proposal to levy an income tax at the election for which the board | 33272 |
| requested the certification. If the board intends to submit a | 33273 |
| proposal to levy an income tax at any other election, it shall | 33274 |
| request another certification for that election in the manner | 33275 |
| prescribed in this division. | 33276 |
| (B)(1) Upon the receipt of a certification from the tax | 33277 |
| commissioner under division (A) of this section, a majority of the | 33278 |
| members of a board of education may adopt a resolution proposing | 33279 |
| the levy of an annual tax for school district purposes on school | 33280 |
| district income. The proposed levy may be for a continuing period | 33281 |
| of time or for a specified number of years. The resolution shall | 33282 |
| set forth the purpose for which the tax is to be imposed, the rate | 33283 |
| of the tax, which shall be the rate set forth in the | 33284 |
| commissioner's certification rounded to the nearest one-fourth of | 33285 |
| one per cent, the number of years the tax will be levied or that | 33286 |
| it will be levied for a continuing period of time, the date on | 33287 |
| which the tax shall take effect, which shall be the first day of | 33288 |
| January of any year following the year in which the question is | 33289 |
| submitted, and the date of the election at which the proposal | 33290 |
| shall be submitted to the electors of the district, which shall be | 33291 |
| on the date of a primary, general, or special election the date of | 33292 |
| which is consistent with section 3501.01 of the Revised Code. The | 33293 |
| resolution shall specify whether the income that is to be subject | 33294 |
| to the tax is taxable income of individuals and estates as defined | 33295 |
| in divisions (E)(1)(a) and (2) of section 5748.01 of the Revised | 33296 |
| Code or taxable income of individuals as defined in division | 33297 |
| (E)(1)(b) of that section. The specification shall be the same as | 33298 |
| the specification in the resolution adopted and certified under | 33299 |
| division (A) of this section. If the board of education currently | 33300 |
| imposes an income tax pursuant to this chapter that is due to | 33301 |
| expire and a question is submitted under this section for a | 33302 |
| proposed income tax to take effect upon the expiration of the | 33303 |
| existing tax, the board may specify in the resolution that the | 33304 |
| proposed tax renews the expiring tax and is not an additional | 33305 |
| income tax, provided that the tax rate being proposed is no higher | 33306 |
| than the tax rate that is currently imposed. | 33307 |
| (2) A board of education adopting a resolution under division | 33308 |
| (B)(1) of this section proposing a school district income tax for | 33309 |
| a continuing period of time and limited to the purpose of current | 33310 |
| expenses may propose in that resolution to reduce the rate or | 33311 |
| rates of one or more of the school district's property taxes | 33312 |
| levied for a continuing period of time in excess of the ten-mill | 33313 |
| limitation for the purpose of current expenses. The reduction in | 33314 |
| the rate of a property tax may be any amount, expressed in mills | 33315 |
| per one dollar in valuation, not exceeding the rate at which the | 33316 |
| tax is authorized to be levied. The reduction in the rate of a tax | 33317 |
| shall first take effect for the tax year that includes the day on | 33318 |
| which the school district income tax first takes effect, and shall | 33319 |
| continue for each tax year that both the school district income | 33320 |
| tax and the property tax levy are in effect. | 33321 |
| In addition to the matters required to be set forth in the | 33322 |
| resolution under division (B)(1) of this section, a resolution | 33323 |
| containing a proposal to reduce the rate of one or more property | 33324 |
| taxes shall state for each such tax the maximum rate at which it | 33325 |
| currently may be levied and the maximum rate at which the tax | 33326 |
| could be levied after the proposed reduction, expressed in mills | 33327 |
| per one dollar in valuation, and that the tax is levied for a | 33328 |
| continuing period of time. | 33329 |
| If a board of education proposes to reduce the rate of one or | 33330 |
| more property taxes under division (B)(2) of this section, the | 33331 |
| board, when it makes the certification required under division (A) | 33332 |
| of this section, shall designate the specific levy or levies to be | 33333 |
| reduced, the maximum rate at which each levy currently is | 33334 |
| authorized to be levied, and the rate by which each levy is | 33335 |
| proposed to be reduced. The tax commissioner, when making the | 33336 |
| certification to the board under division (A) of this section, | 33337 |
| also shall certify the reduction in the total effective tax rate | 33338 |
| for current expenses for each class of property that would have | 33339 |
| resulted if the proposed reduction in the rate or rates had been | 33340 |
| in effect the previous tax year. As used in this paragraph, | 33341 |
| "effective tax rate" has the same meaning as in section 323.08 of | 33342 |
| the Revised Code. | 33343 |
| (C) A resolution adopted under division (B) of this section | 33344 |
| shall go into immediate effect upon its passage, and no | 33345 |
| publication of the resolution shall be necessary other than that | 33346 |
| provided for in the notice of election. Immediately after its | 33347 |
| adoption and at least seventy-five days prior to the election at | 33348 |
| which the question will appear on the ballot, a copy of the | 33349 |
| resolution shall be certified to the board of elections of the | 33350 |
| proper county, which shall submit the proposal to the electors on | 33351 |
| the date specified in the resolution. The form of the ballot shall | 33352 |
| be as provided in section 5748.03 of the Revised Code. Publication | 33353 |
| of notice of the election shall be made in one or more newspapers | 33354 |
| of general circulation in the county once a week for four | 33355 |
| consecutive weeks. The notice shall contain the time and place of | 33356 |
| the election and the question to be submitted to the electors. The | 33357 |
| question covered by the resolution shall be submitted as a | 33358 |
| separate proposition, but may be printed on the same ballot with | 33359 |
| any other proposition submitted at the same election, other than | 33360 |
| the election of officers. | 33361 |
| (D) No board of education shall submit the question of a tax | 33362 |
| on school district income to the electors of the district more | 33363 |
| than twice in any calendar year. If a board submits the question | 33364 |
| twice in any calendar year, one of the elections on the question | 33365 |
| shall be held on the date of the general election. | 33366 |
| (E)(1) No board of education may submit to the electors of | 33367 |
| the district the question of a tax on school district income on | 33368 |
| the taxable income of individuals as defined in division (E)(1)(b) | 33369 |
| of section 5748.01 of the Revised Code if that tax would be in | 33370 |
| addition to an existing tax on the taxable income of individuals | 33371 |
| and estates as defined in divisions (E)(1)(a) and (2) of that | 33372 |
| section. | 33373 |
| (2) No board of education may submit to the electors of the | 33374 |
| district the question of a tax on school district income on the | 33375 |
| taxable income of individuals and estates as defined in divisions | 33376 |
| (E)(1)(a) and (2) of section 5748.01 of the Revised Code if that | 33377 |
| tax would be in addition to an existing tax on the taxable income | 33378 |
| of individuals as defined in division (E)(1)(b) of that section. | 33379 |
| Sec. 5751.01. As used in this chapter: | 33380 |
| (A) "Person" means, but is not limited to, individuals, | 33381 |
| combinations of individuals of any form, receivers, assignees, | 33382 |
| trustees in bankruptcy, firms, companies, joint-stock companies, | 33383 |
| business trusts, estates, partnerships, limited liability | 33384 |
| partnerships, limited liability companies, associations, joint | 33385 |
| ventures, clubs, societies, for-profit corporations, S | 33386 |
| corporations, qualified subchapter S subsidiaries, qualified | 33387 |
| subchapter S trusts, trusts, entities that are disregarded for | 33388 |
| federal income tax purposes, and any other entities. "Person" does | 33389 |
| not include nonprofit organizations or the state, its agencies, | 33390 |
| its instrumentalities, and its political subdivisions. | 33391 |
| (B) "Consolidated elected taxpayer" means a group of two or | 33392 |
| more persons treated as a single taxpayer for purposes of this | 33393 |
| chapter as the result of an election made under section 5751.011 | 33394 |
| of the Revised Code. | 33395 |
| (C) "Combined taxpayer" means a group of two or more persons | 33396 |
| treated as a single taxpayer for purposes of this chapter under | 33397 |
| section 5751.012 of the Revised Code. | 33398 |
| (D) "Taxpayer" means any person, or any group of persons in | 33399 |
| the case of a consolidated elected taxpayer or combined taxpayer | 33400 |
| treated as one taxpayer, required to register or pay tax under | 33401 |
| this chapter. "Taxpayer" does not include excluded persons. | 33402 |
| (E) "Excluded person" means any of the following: | 33403 |
| (1) Any person with not more than one hundred fifty thousand | 33404 |
| dollars of taxable gross receipts during the calendar year. | 33405 |
| Division (E)(1) of this section does not apply to a person that is | 33406 |
| a member of a group that is a consolidated elected taxpayer or a | 33407 |
| combined taxpayer; | 33408 |
| (2) A public utility that paid the excise tax imposed by | 33409 |
| section 5727.24 or 5727.30 of the Revised Code based on one or | 33410 |
| more measurement periods that include the entire tax period under | 33411 |
| this chapter, except that a public utility that is a combined | 33412 |
| company is a taxpayer with regard to the following gross receipts: | 33413 |
| (a) Taxable gross receipts directly attributed to a public | 33414 |
| utility activity, but not directly attributed to an activity that | 33415 |
| is subject to the excise tax imposed by section 5727.24 or 5727.30 | 33416 |
| of the Revised Code; | 33417 |
| (b) Taxable gross receipts that cannot be directly attributed | 33418 |
| to any activity, multiplied by a fraction whose numerator is the | 33419 |
| taxable gross receipts described in division (E)(2)(a) of this | 33420 |
| section and whose denominator is the total taxable gross receipts | 33421 |
| that can be directly attributed to any activity; | 33422 |
| (c) Except for any differences resulting from the use of an | 33423 |
| accrual basis method of accounting for purposes of determining | 33424 |
| gross receipts under this chapter and the use of the cash basis | 33425 |
| method of accounting for purposes of determining gross receipts | 33426 |
| under section 5727.24 of the Revised Code, the gross receipts | 33427 |
| directly attributed to the activity of a natural gas company shall | 33428 |
| be determined in a manner consistent with division (D) of section | 33429 |
| 5727.03 of the Revised Code. | 33430 |
| As used in division (E)(2) of this section, "combined | 33431 |
| company" and "public utility" have the same meanings as in section | 33432 |
| 5727.01 of the Revised Code. | 33433 |
| (3) A financial institution, as defined in section 5725.01 of | 33434 |
| the Revised Code, that paid the corporation franchise tax charged | 33435 |
| by division (D) of section 5733.06 of the Revised Code based on | 33436 |
| one or more taxable years that include the entire tax period under | 33437 |
| this chapter; | 33438 |
| (4) A dealer in intangibles, as defined in section 5725.01 of | 33439 |
| the Revised Code, that paid the dealer in intangibles tax levied | 33440 |
| by division (D) of section 5707.03 of the Revised Code based on | 33441 |
| one or more measurement periods that include the entire tax period | 33442 |
| under this chapter; | 33443 |
| (5) A financial holding company as defined in the "Bank | 33444 |
| Holding Company Act," 12 U.S.C. 1841(p); | 33445 |
| (6) A bank holding company as defined in the "Bank Holding | 33446 |
| Company Act," 12 U.S.C. 1841(a); | 33447 |
| (7) A savings and loan holding company as defined in the | 33448 |
| "Home Owners Loan Act," 12 U.S.C. 1467a(a)(1)(D) that is engaging | 33449 |
| only in activities or investments permissible for a financial | 33450 |
| holding company under 12 U.S.C. 1843(k); | 33451 |
| (8) A person directly or indirectly owned by one or more | 33452 |
| financial institutions, financial holding companies, bank holding | 33453 |
| companies, or savings and loan holding companies described in | 33454 |
| division (E)(3), (5), (6), or (7) of this section that is engaged | 33455 |
| in activities permissible for a financial holding company under 12 | 33456 |
| U.S.C. 1843(k), except that any such person held pursuant to | 33457 |
| merchant banking authority under 12 U.S.C. 1843(k)(4)(H) or 12 | 33458 |
| U.S.C. 1843(k)(4)(I) is not an excluded person, or a person | 33459 |
| directly or indirectly owned by one or more insurance companies | 33460 |
| described in division (E)(9) of this section that is authorized to | 33461 |
| do the business of insurance in this state. | 33462 |
| For the purposes of division (E)(8) of this section, a person | 33463 |
| owns another person under the following circumstances: | 33464 |
| (a) In the case of corporations issuing capital stock, one | 33465 |
| corporation owns another corporation if it owns fifty per cent or | 33466 |
| more of the other corporation's capital stock with current voting | 33467 |
| rights; | 33468 |
| (b) In the case of a limited liability company, one person | 33469 |
| owns the company if that person's membership interest, as defined | 33470 |
| in section 1705.01 of the Revised Code, is fifty per cent or more | 33471 |
| of the combined membership interests of all persons owning such | 33472 |
| interests in the company; | 33473 |
| (c) In the case of a partnership, trust, or other | 33474 |
| unincorporated business organization other than a limited | 33475 |
| liability company, one person owns the organization if, under the | 33476 |
| articles of organization or other instrument governing the affairs | 33477 |
| of the organization, that person has a beneficial interest in the | 33478 |
| organization's profits, surpluses, losses, or distributions of | 33479 |
| fifty per cent or more of the combined beneficial interests of all | 33480 |
| persons having such an interest in the organization; | 33481 |
| (d) In the case of multiple ownership, the ownership | 33482 |
| interests of more than one person may be aggregated to meet the | 33483 |
| fifty per cent ownership tests in this division only when each | 33484 |
| such owner is described in division (E)(3), (5), (6), or (7) of | 33485 |
| this section and is engaged in activities permissible for a | 33486 |
| financial holding company under 12 U.S.C. 1843(k) or is a person | 33487 |
| directly or indirectly owned by one or more insurance companies | 33488 |
| described in division (E)(9) of this section that is authorized to | 33489 |
| do the business of insurance in this state; | 33490 |
| (9) A domestic insurance company or foreign insurance | 33491 |
| company, as defined in section 5725.01 of the Revised Code, that | 33492 |
| paid the insurance company premiums tax imposed by section 5725.18 | 33493 |
| or Chapter 5729. of the Revised Code based on one or more | 33494 |
| measurement periods that include the entire tax period under this | 33495 |
| chapter; | 33496 |
| (10) A person that solely facilitates or services one or more | 33497 |
| securitizations or similar transactions for any person described | 33498 |
| in division (E)(3), (5), (6), (7), (8), or (9) of this section. | 33499 |
| For purposes of this division, "securitization" means transferring | 33500 |
| one or more assets to one or more persons and then issuing | 33501 |
| securities backed by the right to receive payment from the asset | 33502 |
| or assets so transferred. | 33503 |
| (11) Except as otherwise provided in this division, a | 33504 |
| pre-income tax trust as defined in division (FF)(4) of section | 33505 |
| 5747.01 of the Revised Code and any pass-through entity of which | 33506 |
| such pre-income tax trust owns or controls, directly, indirectly, | 33507 |
| or constructively through related interests, more than five per | 33508 |
| cent of the ownership or equity interests. If the pre-income tax | 33509 |
| trust has made a qualifying pre-income tax trust election under | 33510 |
| division (FF)(3) of section 5747.01 of the Revised Code, then the | 33511 |
| trust and the pass-through entities of which it owns or controls, | 33512 |
| directly, indirectly, or constructively through related interests, | 33513 |
| more than five per cent of the ownership or equity interests, | 33514 |
| shall not be excluded persons for purposes of the tax imposed | 33515 |
| under section 5751.02 of the Revised Code. | 33516 |
| (F) Except as otherwise provided in divisions (F)(2), (3), | 33517 |
| and (4) | 33518 |
| amount realized by a person, without deduction for the cost of | 33519 |
| goods sold or other expenses incurred, that contributes to the | 33520 |
| production of gross income of the person, including the fair | 33521 |
| market value of any property and any services received, and any | 33522 |
| debt transferred or forgiven as consideration. | 33523 |
| (1) The following are examples of gross receipts: | 33524 |
| (a) Amounts realized from the sale, exchange, or other | 33525 |
| disposition of the taxpayer's property to or with another; | 33526 |
| (b) Amounts realized from the taxpayer's performance of | 33527 |
| services for another; | 33528 |
| (c) Amounts realized from another's use or possession of the | 33529 |
| taxpayer's property or capital; | 33530 |
| (d) Any combination of the foregoing amounts. | 33531 |
| (2) "Gross receipts" excludes the following amounts: | 33532 |
| (a) Interest income except interest on credit sales; | 33533 |
| (b) Dividends and distributions from corporations, and | 33534 |
| distributive or proportionate shares of receipts and income from a | 33535 |
| pass-through entity as defined under section 5733.04 of the | 33536 |
| Revised Code; | 33537 |
| (c) Receipts from the sale, exchange, or other disposition of | 33538 |
| an asset described in section 1221 or 1231 of the Internal Revenue | 33539 |
| Code, without regard to the length of time the person held the | 33540 |
| asset; | 33541 |
| (d) Proceeds received attributable to the repayment, | 33542 |
| maturity, or redemption of the principal of a loan, bond, mutual | 33543 |
| fund, certificate of deposit, or marketable instrument; | 33544 |
| (e) The principal amount received under a repurchase | 33545 |
| agreement or on account of any transaction properly characterized | 33546 |
| as a loan to the person; | 33547 |
| (f) Contributions received by a trust, plan, or other | 33548 |
| arrangement, any of which is described in section 501(a) of the | 33549 |
| Internal Revenue Code, or to which Title 26, Subtitle A, Chapter | 33550 |
| 1, Subchapter (D) of the Internal Revenue Code applies; | 33551 |
| (g) Compensation, whether current or deferred, and whether in | 33552 |
| cash or in kind, received or to be received by an employee, former | 33553 |
| employee, or the employee's legal successor for services rendered | 33554 |
| to or for an employer, including reimbursements received by or for | 33555 |
| an individual for medical or education expenses, health insurance | 33556 |
| premiums, or employee expenses, or on account of a dependent care | 33557 |
| spending account, legal services plan, any cafeteria plan | 33558 |
| described in section 125 of the Internal Revenue Code, or any | 33559 |
| similar employee reimbursement; | 33560 |
| (h) Proceeds received from the issuance of the taxpayer's own | 33561 |
| stock, options, warrants, puts, or calls, or from the sale of the | 33562 |
| taxpayer's treasury stock; | 33563 |
| (i) Proceeds received on the account of payments from life | 33564 |
| insurance policies; | 33565 |
| (j) Gifts or charitable contributions received, membership | 33566 |
| dues received, and payments received for educational courses, | 33567 |
| meetings, meals, or similar payments to a trade, professional, or | 33568 |
| other similar association; fundraising receipts received by any | 33569 |
| person when any excess receipts are donated or used exclusively | 33570 |
| for charitable purposes; and proceeds received by a nonprofit | 33571 |
| organization including proceeds realized with regard to its | 33572 |
| unrelated business taxable income; | 33573 |
| (k) Damages received as the result of litigation in excess of | 33574 |
| amounts that, if received without litigation, would be gross | 33575 |
| receipts; | 33576 |
| (l) Property, money, and other amounts received or acquired | 33577 |
| by an agent on behalf of another in excess of the agent's | 33578 |
| commission, fee, or other remuneration; | 33579 |
| (m) Tax refunds | 33580 |
| reimbursements for the tax imposed under this chapter made by | 33581 |
| entities that are part of the same combined taxpayer or | 33582 |
| consolidated elected taxpayer group, and reimbursements made by | 33583 |
| entities that are not members of a combined taxpayer or | 33584 |
| consolidated elected taxpayer group that are required to be made | 33585 |
| for economic parity among multiple owners of an entity whose tax | 33586 |
| obligation under this chapter is required to be reported and paid | 33587 |
| entirely by one owner, pursuant to the requirements of sections | 33588 |
| 5751.011 and 5751.012 of the Revised Code; | 33589 |
| (n) Pension reversions; | 33590 |
| (o) Contributions to capital; | 33591 |
| (p) Sales or use taxes collected as a vendor or an | 33592 |
| out-of-state seller on behalf of the taxing jurisdiction from a | 33593 |
| consumer or other taxes the taxpayer is required by law to collect | 33594 |
| directly from a purchaser and remit to a local, state, or federal | 33595 |
| tax authority; | 33596 |
| (q) In the case of receipts from the sale of cigarettes or | 33597 |
| tobacco products by a wholesale dealer, retail dealer, | 33598 |
| distributor, manufacturer, or seller, all as defined in section | 33599 |
| 5743.01 of the Revised Code, an amount equal to the federal and | 33600 |
| state excise taxes paid by any person on or for such cigarettes or | 33601 |
| tobacco products under subtitle E of the Internal Revenue Code or | 33602 |
| Chapter 5743. of the Revised Code; | 33603 |
| (r) In the case of receipts from the sale of motor fuel by a | 33604 |
| licensed motor fuel dealer, licensed retail dealer, or licensed | 33605 |
| permissive motor fuel dealer, all as defined in section 5735.01 of | 33606 |
| the Revised Code, an amount equal to federal and state excise | 33607 |
| taxes paid by any person on such motor fuel under section 4081 of | 33608 |
| the Internal Revenue Code or Chapter 5735. of the Revised Code; | 33609 |
| (s) In the case of receipts from the sale of beer or | 33610 |
| intoxicating liquor, as defined in section 4301.01 of the Revised | 33611 |
| Code, by a person holding a permit issued under Chapter 4301. or | 33612 |
| 4303. of the Revised Code, an amount equal to federal and state | 33613 |
| excise taxes paid by any person on or for such beer or | 33614 |
| intoxicating liquor under subtitle E of the Internal Revenue Code | 33615 |
| or Chapter 4301. or 4305. of the Revised Code; | 33616 |
| (t) Receipts realized by a new motor vehicle dealer or used | 33617 |
| motor vehicle dealer, as defined in section 4517.01 of the Revised | 33618 |
| Code, from the sale or other transfer of a motor vehicle, as | 33619 |
| defined in that section, to another motor vehicle dealer for the | 33620 |
| purpose of resale by the transferee motor vehicle dealer, but only | 33621 |
| if the sale or other transfer was based upon the transferee's need | 33622 |
| to meet a specific customer's preference for a motor vehicle; | 33623 |
| (u) Receipts from a financial institution described in | 33624 |
| division (E)(3) of this section for services provided to the | 33625 |
| financial institution in connection with the issuance, processing, | 33626 |
| servicing, and management of loans or credit accounts, if such | 33627 |
| financial institution and the recipient of such receipts have at | 33628 |
| least fifty per cent of their ownership interests owned or | 33629 |
| controlled, directly or constructively through related interests, | 33630 |
| by common owners; | 33631 |
| (v) Receipts realized from administering anti-neoplastic | 33632 |
| drugs and other cancer chemotherapy, biologicals, therapeutic | 33633 |
| agents, and supportive drugs in a physician's office to patients | 33634 |
| with cancer; | 33635 |
| (w) Funds received or used by a mortgage broker that is not a | 33636 |
| dealer in intangibles, other than fees or other consideration, | 33637 |
| pursuant to a table-funding mortgage loan or warehouse-lending | 33638 |
| mortgage loan. Terms used in division (F)(2) | 33639 |
| have the same meanings as in section 1322.01 of the Revised Code, | 33640 |
| except "mortgage broker" means a person assisting a buyer in | 33641 |
| obtaining a mortgage loan for a fee or other consideration paid by | 33642 |
| the buyer or a lender, or a person engaged in table-funding or | 33643 |
| warehouse-lending mortgage loans that are first lien mortgage | 33644 |
| loans. | 33645 |
| (x) Property, money, and other amounts received by a | 33646 |
| professional employer organization, as defined in section 4125.01 | 33647 |
| of the Revised Code, from a client employer, as defined in that | 33648 |
| section, in excess of the administrative fee charged by the | 33649 |
| professional employer organization to the client employer; | 33650 |
| (y) In the case of amounts retained as commissions by a | 33651 |
| permit holder under Chapter 3769. of the Revised Code, an amount | 33652 |
| equal to the amounts specified under that chapter that must be | 33653 |
| paid to or collected by the tax commissioner as a tax and the | 33654 |
| amounts specified under that chapter to be used as purse money; | 33655 |
| (z) Qualifying distribution center receipts. | 33656 |
| (i) For purposes of division (F)(2)(z) of this section: | 33657 |
| (I) "Qualifying distribution center receipts" means receipts | 33658 |
| of a supplier from qualified property that is delivered to a | 33659 |
| qualified distribution center, multiplied by a quantity that | 33660 |
| equals one minus the Ohio delivery percentage. | 33661 |
| (II) "Qualified property" means tangible personal property | 33662 |
| delivered to a qualified distribution center that is shipped to | 33663 |
| that qualified distribution center solely for further shipping by | 33664 |
| the qualified distribution center to another location in this | 33665 |
| state or elsewhere. "Further shipping" includes storing and | 33666 |
| repackaging such property into smaller or larger bundles, so long | 33667 |
| as such property is not subject to further manufacturing or | 33668 |
| processing. | 33669 |
| (III) "Qualified distribution center" means a warehouse or | 33670 |
| other similar facility in this state that, for the qualifying | 33671 |
| year, is operated by a person that is not part of a combined | 33672 |
| taxpayer group and that has a qualifying certificate. However, all | 33673 |
| warehouses or other similar facilities that are operated by | 33674 |
| persons in the same taxpayer group and that are located within one | 33675 |
| mile of each other shall be treated as one qualified distribution | 33676 |
| center. | 33677 |
| (IV) "Qualifying year" means the calendar year to which the | 33678 |
| qualifying certificate applies. | 33679 |
| (V) "Qualifying period" means the period of the first day of | 33680 |
| July of the second year preceding the qualifying year through the | 33681 |
| thirtieth day of June of the year preceding the qualifying year. | 33682 |
| (VI) "Qualifying certificate" means an annual application | 33683 |
| approved by the tax commissioner from an operator of a | 33684 |
| distribution center that has filed an application as prescribed by | 33685 |
| the commissioner and paid the annual fee for the qualifying | 33686 |
| certificate on or before the first day of September prior to the | 33687 |
| qualifying year or forty-five days after the opening of the | 33688 |
| distribution center, whichever is later. The application and | 33689 |
| annual fee shall be filed and paid for each qualified distribution | 33690 |
| center. | 33691 |
| The applicant must substantiate to the commissioner's | 33692 |
| satisfaction that, for the qualifying period, all persons | 33693 |
| operating the distribution center have more than fifty per cent of | 33694 |
| the cost of the qualified property shipped to a location such that | 33695 |
| it would be sitused outside this state under the provisions of | 33696 |
| division (E) of section 5751.033 of the Revised Code. The | 33697 |
| applicant must also substantiate that the distribution center | 33698 |
| cumulatively had costs from its suppliers equal to or exceeding | 33699 |
| five hundred million dollars during the qualifying period. (For | 33700 |
| purposes of division (F)(2)(z)(i)(VI) of this section, "supplier" | 33701 |
| excludes any person that is part of the consolidated elected | 33702 |
| taxpayer group, if applicable, of the operator of the qualified | 33703 |
| distribution center.) The commissioner may require the applicant | 33704 |
| to have an independent certified public accountant certify that | 33705 |
| the calculation of the minimum thresholds required for a qualified | 33706 |
| distribution center by the operator of a distribution center has | 33707 |
| been made in accordance with generally accepted accounting | 33708 |
| principles. The commissioner shall issue or deny the issuance of a | 33709 |
| certificate within sixty days after the receipt of the | 33710 |
| application. A denial is subject to appeal under section 5717.02 | 33711 |
| of the Revised Code. If the operator files a timely appeal under | 33712 |
| section 5717.02 of the Revised Code, the operator shall be granted | 33713 |
| a qualifying certificate, provided that the operator is liable for | 33714 |
| any tax, interest, or penalty upon amounts claimed as qualifying | 33715 |
| distribution center receipts, other than those receipts exempt | 33716 |
| under division (C)(1) of section 5751.011 of the Revised Code, | 33717 |
| that would have otherwise not been owed by its suppliers if the | 33718 |
| qualifying certificate was valid. | 33719 |
| (VII) "Ohio delivery percentage" means the proportion of the | 33720 |
| total property delivered to a destination inside Ohio from the | 33721 |
| qualified distribution center during the qualifying period | 33722 |
| compared with total deliveries from such distribution center | 33723 |
| everywhere during the qualifying period. | 33724 |
| (ii) If the distribution center is new and was not open for | 33725 |
| the entire qualifying period, the operator of the distribution | 33726 |
| center may request that the commissioner grant a qualifying | 33727 |
| certificate. If the certificate is granted and it is later | 33728 |
| determined that more than fifty per cent of the qualified property | 33729 |
| during that year was not shipped to a location such that it would | 33730 |
| be sitused outside of this state under the provisions of division | 33731 |
| (E) of section 5751.033 of the Revised Code or if it is later | 33732 |
| determined that the person that operates the distribution center | 33733 |
| had average monthly costs from its suppliers of less than forty | 33734 |
| million dollars during that year, then the operator of the | 33735 |
| distribution center shall be liable for any tax, interest, or | 33736 |
| penalty upon amounts claimed as qualifying distribution center | 33737 |
| receipts, other than those receipts exempt under division (C)(1) | 33738 |
| of section 5751.011 of the Revised Code, that would have not | 33739 |
| otherwise been owed by its suppliers during the qualifying year if | 33740 |
| the qualifying certificate was valid. (For purposes of division | 33741 |
| (F)(2)(z)(ii) of this section, "supplier" excludes any person that | 33742 |
| is part of the consolidated elected taxpayer group, if applicable, | 33743 |
| of the operator of the qualified distribution center.) | 33744 |
| (iii) When filing an application for a qualifying certificate | 33745 |
| under division (F)(2)(z)(i)(VI) of this section, the operator of a | 33746 |
| qualified distribution center also shall provide documentation, as | 33747 |
| the commissioner requires, for the commissioner to ascertain the | 33748 |
| Ohio delivery percentage. The commissioner, upon issuing the | 33749 |
| qualifying certificate, also shall certify the Ohio delivery | 33750 |
| percentage. The operator of the qualified distribution center may | 33751 |
| appeal the commissioner's certification of the Ohio delivery | 33752 |
| percentage in the same manner as an appeal is taken from the | 33753 |
| denial of a qualifying certificate under division (F)(2)(z)(i)(VI) | 33754 |
| of this section. | 33755 |
| Within thirty days after all appeals have been exhausted, the | 33756 |
| operator of the qualified distribution center shall notify the | 33757 |
| affected suppliers of qualified property that such suppliers are | 33758 |
| required to file, within sixty days after receiving notice from | 33759 |
| the operator of the qualified distribution center, amended reports | 33760 |
| for the impacted calendar quarter or quarters or calendar year, | 33761 |
| whichever the case may be. Any additional tax liability or tax | 33762 |
| overpayment shall be subject to interest but shall not be subject | 33763 |
| to the imposition of any penalty so long as the amended returns | 33764 |
| are timely filed. The supplier of tangible personal property | 33765 |
| delivered to the qualified distribution center shall include in | 33766 |
| its report of taxable gross receipts the receipts from the total | 33767 |
| sales of property delivered to the qualified distribution center | 33768 |
| for the calendar quarter or calendar year, whichever the case may | 33769 |
| be, multiplied by the Ohio delivery percentage for the qualifying | 33770 |
| year. Nothing in division (F)(2)(z)(iii) of this section shall be | 33771 |
| construed as imposing liability on the operator of a qualified | 33772 |
| distribution center for the tax imposed by this chapter arising | 33773 |
| from any change to the Ohio delivery percentage. | 33774 |
| (iv) In the case where the distribution center is new and not | 33775 |
| open for the entire qualifying period, the operator shall make a | 33776 |
| good faith estimate of an Ohio delivery percentage for use by | 33777 |
| suppliers in their reports of taxable gross receipts for the | 33778 |
| remainder of the qualifying period. The operator of the facility | 33779 |
| shall disclose to the suppliers that such Ohio delivery percentage | 33780 |
| is an estimate and is subject to recalculation. By the due date of | 33781 |
| the next application for a qualifying certificate, the operator | 33782 |
| shall determine the actual Ohio delivery percentage for the | 33783 |
| estimated qualifying period and proceed as provided in division | 33784 |
| (F)(2)(z)(iii) of this section with respect to the calculation and | 33785 |
| recalculation of the Ohio delivery percentage. The supplier is | 33786 |
| required to file, within sixty days after receiving notice from | 33787 |
| the operator of the qualified distribution center, amended reports | 33788 |
| for the impacted calendar quarter or quarters or calendar year, | 33789 |
| whichever the case may be. Any additional tax liability or tax | 33790 |
| overpayment shall be subject to interest but shall not be subject | 33791 |
| to the imposition of any penalty so long as the amended returns | 33792 |
| are timely filed. | 33793 |
| (v) Qualifying certificates and Ohio delivery percentages | 33794 |
| issued by the commissioner shall be open to public inspection and | 33795 |
| shall be timely published by the commissioner. A supplier relying | 33796 |
| in good faith on a certificate issued under this division shall | 33797 |
| not be subject to tax on the qualifying distribution center | 33798 |
| receipts under division (F)(2)(z) of this section. A person | 33799 |
| receiving a qualifying certificate is responsible for paying the | 33800 |
| tax, interest, and penalty upon amounts claimed as qualifying | 33801 |
| distribution center receipts that would not otherwise have been | 33802 |
| owed by the supplier if the qualifying certificate were available | 33803 |
| when it is later determined that the qualifying certificate should | 33804 |
| not have been issued because the statutory requirements were in | 33805 |
| fact not met. | 33806 |
| (vi) The annual fee for a qualifying certificate shall be one | 33807 |
| hundred thousand dollars for each qualified distribution center. | 33808 |
| If a qualifying certificate is not issued, the annual fee is | 33809 |
| subject to refund after the exhaustion of all appeals provided for | 33810 |
| in division (F)(2)(z)(i)(VI) of this section. The fee imposed | 33811 |
| under this division may be assessed in the same manner as the tax | 33812 |
| imposed under this chapter. The first one hundred thousand dollars | 33813 |
| of the annual application fees collected each calendar year shall | 33814 |
| be credited to the commercial activity tax administrative fund. | 33815 |
| The remainder of the annual application fees collected shall be | 33816 |
| distributed in the same manner required under section 5751.20 of | 33817 |
| the Revised Code. | 33818 |
| (vii) The tax commissioner may require that adequate security | 33819 |
| be posted by the operator of the distribution center on appeal | 33820 |
| when the commissioner disagrees that the applicant has met the | 33821 |
| minimum thresholds for a qualified distribution center as set | 33822 |
| forth in divisions (F)(2)(z)(i)(VI) and (F)(2)(z)(ii) of this | 33823 |
| section. | 33824 |
| (aa) Any receipts for which the tax imposed by this chapter | 33825 |
| is prohibited by the constitution or laws of the United States or | 33826 |
| the constitution of this state. | 33827 |
| (3) In the case of a taxpayer when acting as a real estate | 33828 |
| broker, "gross receipts" includes only the portion of any fee for | 33829 |
| the service of a real estate broker, or service of a real estate | 33830 |
| salesperson associated with that broker, that is retained by the | 33831 |
| broker and not paid to an associated real estate salesperson or | 33832 |
| another real estate broker. For the purposes of this division, | 33833 |
| "real estate broker" and "real estate salesperson" have the same | 33834 |
| meanings as in section 4735.01 of the Revised Code. | 33835 |
| (4) A taxpayer's method of accounting for gross receipts for | 33836 |
| a tax period shall be the same as the taxpayer's method of | 33837 |
| accounting for federal income tax purposes for the taxpayer's | 33838 |
| federal taxable year that includes the tax period. If a taxpayer's | 33839 |
| method of accounting for federal income tax purposes changes, its | 33840 |
| method of accounting for gross receipts under this chapter shall | 33841 |
| be changed accordingly. | 33842 |
| In calculating gross receipts, the following shall be | 33843 |
| deducted to the extent included as a gross receipt in the current | 33844 |
| tax period or reported as taxable gross receipts in a prior tax | 33845 |
| period: | 33846 |
| (a) Cash discounts allowed and taken; | 33847 |
| (b) Returns and allowances; | 33848 |
| (c) Bad debts | 33849 |
| 33850 | |
| the purposes of this division, "bad debts" mean any debts that | 33851 |
| have become worthless or uncollectible between the preceding and | 33852 |
| current quarterly tax payment periods, have been uncollected for | 33853 |
| at least six months, and may be claimed as a deduction under | 33854 |
| section 166 of the Internal Revenue Code and the regulations | 33855 |
| adopted pursuant thereto, or that could be claimed as such if the | 33856 |
| taxpayer kept its accounts on the accrual basis. "Bad debts" does | 33857 |
| not include uncollectible amounts on property that remains in the | 33858 |
| possession of the taxpayer until the full purchase price is paid, | 33859 |
| expenses in attempting to collect any account receivable or for | 33860 |
| any portion of the debt recovered, and repossessed property; | 33861 |
| (d) Any amount realized from the sale of an account | 33862 |
| receivable but only to the extent the receipts from the underlying | 33863 |
| transaction giving rise to the account receivable were included in | 33864 |
| the gross receipts of the taxpayer. | 33865 |
| (G) "Taxable gross receipts" means gross receipts sitused to | 33866 |
| this state under section 5751.033 of the Revised Code. | 33867 |
| (H) A person has "substantial nexus with this state" if any | 33868 |
| of the following applies. The person: | 33869 |
| (1) Owns or uses a part or all of its capital in this state; | 33870 |
| (2) Holds a certificate of compliance with the laws of this | 33871 |
| state authorizing the person to do business in this state; | 33872 |
| (3) Has bright-line presence in this state; | 33873 |
| (4) Otherwise has nexus with this state to an extent that the | 33874 |
| person can be required to remit the tax imposed under this chapter | 33875 |
| under the constitution of the United States. | 33876 |
| (I) A person has "bright-line presence" in this state for a | 33877 |
| reporting period and for the remaining portion of the calendar | 33878 |
| year if any of the following applies. The person: | 33879 |
| (1) Has at any time during the calendar year property in this | 33880 |
| state with an aggregate value of at least fifty thousand dollars. | 33881 |
| For the purpose of division (I)(1) of this section, owned property | 33882 |
| is valued at original cost and rented property is valued at eight | 33883 |
| times the net annual rental charge. | 33884 |
| (2) Has during the calendar year payroll in this state of at | 33885 |
| least fifty thousand dollars. Payroll in this state includes all | 33886 |
| of the following: | 33887 |
| (a) Any amount subject to withholding by the person under | 33888 |
| section 5747.06 of the Revised Code; | 33889 |
| (b) Any other amount the person pays as compensation to an | 33890 |
| individual under the supervision or control of the person for work | 33891 |
| done in this state; and | 33892 |
| (c) Any amount the person pays for services performed in this | 33893 |
| state on its behalf by another. | 33894 |
| (3) Has during the calendar year taxable gross receipts | 33895 |
| 33896 |
| (4) Has at any time during the calendar year within this | 33897 |
| state at least twenty-five per cent of the person's total | 33898 |
| property, total payroll, or total | 33899 |
| (5) Is domiciled in this state as an individual or for | 33900 |
| corporate, commercial, or other business purposes. | 33901 |
| (J) "Tangible personal property" has the same meaning as in | 33902 |
| section 5739.01 of the Revised Code. | 33903 |
| (K) "Internal Revenue Code" means the Internal Revenue Code | 33904 |
| of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended. Any term used in | 33905 |
| this chapter that is not otherwise defined has the same meaning as | 33906 |
| when used in a comparable context in the laws of the United States | 33907 |
| relating to federal income taxes unless a different meaning is | 33908 |
| clearly required. Any reference in this chapter to the Internal | 33909 |
| Revenue Code includes other laws of the United States relating to | 33910 |
| federal income taxes. | 33911 |
| (L) "Calendar quarter" means a three-month period ending on | 33912 |
| the thirty-first day of March, the thirtieth day of June, the | 33913 |
| thirtieth day of September, or the thirty-first day of December. | 33914 |
| (M) "Tax period" means the calendar quarter or calendar year | 33915 |
| on the basis of which a taxpayer is required to pay the tax | 33916 |
| imposed under this chapter. | 33917 |
| (N) "Calendar year taxpayer" means a taxpayer for which the | 33918 |
| tax period is a calendar year. | 33919 |
| (O) "Calendar quarter taxpayer" means a taxpayer for which | 33920 |
| the tax period is a calendar quarter. | 33921 |
| (P) "Agent" means a person authorized by another person to | 33922 |
| act on its behalf to undertake a transaction for the other, | 33923 |
| including any of the following: | 33924 |
| (1) A person receiving a fee to sell financial instruments; | 33925 |
| (2) A person retaining only a commission from a transaction | 33926 |
| with the other proceeds from the transaction being remitted to | 33927 |
| another person; | 33928 |
| (3) A person issuing licenses and permits under section | 33929 |
| 1533.13 of the Revised Code; | 33930 |
| (4) A lottery sales agent holding a valid license issued | 33931 |
| under section 3770.05 of the Revised Code; | 33932 |
| (5) A person acting as an agent of the division of liquor | 33933 |
| control under section 4301.17 of the Revised Code. | 33934 |
| (Q) "Received" includes amounts accrued under the accrual | 33935 |
| method of accounting. | 33936 |
| Sec. 5751.011. (A) A group of two or more persons may elect | 33937 |
| to be a consolidated elected taxpayer for the purposes of this | 33938 |
| chapter if the group satisfies all of the following requirements: | 33939 |
| (1) The group elects to include all persons, including | 33940 |
| persons enumerated in divisions (E)(2) to (10) of section 5751.01 | 33941 |
| of the Revised Code, having at least eighty per cent, or having at | 33942 |
| least fifty per cent, of the value of their ownership interests | 33943 |
| owned or controlled, directly or constructively through related | 33944 |
| interests, by common owners during all or any portion of the tax | 33945 |
| period, together with the common owners. At the election of the | 33946 |
| group, all | 33947 |
| incorporated or formed under the laws of a state or of the United | 33948 |
| States and that meet the elected ownership test shall either be | 33949 |
| included in the group or all shall be excluded from the group. The | 33950 |
| group shall notify the tax commissioner of the foregoing elections | 33951 |
| 33952 | |
| 33953 | |
| return in which the election is to become effective. If fifty per | 33954 |
| cent of the value of a person's ownership interests is owned or | 33955 |
| controlled by each of two consolidated elected taxpayer groups | 33956 |
| formed under the fifty per cent ownership or control test, that | 33957 |
| person is a member of each group for the purposes of this section, | 33958 |
| and each group shall include in the group's taxable gross receipts | 33959 |
| fifty per cent of that person's taxable gross receipts. Otherwise, | 33960 |
| all of that person's taxable gross receipts shall be included in | 33961 |
| the taxable gross receipts of the consolidated elected taxpayer | 33962 |
| group of which the person is a member. In no event shall the | 33963 |
| ownership or control of fifty per cent of the value of a person's | 33964 |
| ownership interests by two otherwise unrelated groups form the | 33965 |
| basis for consolidating the groups into a single consolidated | 33966 |
| elected taxpayer group or permit any exclusion under division (C) | 33967 |
| of this section of taxable gross receipts between members of the | 33968 |
| two groups. Division (A)(3) of this section applies with respect | 33969 |
| to the elections described in this division. | 33970 |
| (2) The group | 33971 |
| makes the election to be treated as a consolidated elected | 33972 |
| taxpayer | 33973 |
| of this section. | 33974 |
| (3) | 33975 |
| the group agrees that | 33976 |
| all of the following apply: | 33977 |
| (a) The group shall file reports as a single taxpayer for at | 33978 |
| least the next eight calendar quarters following the election so | 33979 |
| long as at least two or more of the members of the group meet the | 33980 |
| requirements of division (A)(1) of this section. | 33981 |
| (b) Before the expiration of the eighth such calendar | 33982 |
| quarter, the group shall notify the commissioner if it elects to | 33983 |
| cancel its designation as a consolidated elected taxpayer. If the | 33984 |
| group does not so notify the tax commissioner, the election | 33985 |
| remains in effect for another eight calendar quarters. | 33986 |
| (c) If, at any time during any of those eight calendar | 33987 |
| quarters following the election, a former member of the group no | 33988 |
| longer meets the requirements under division (A)(1) of this | 33989 |
| section, that member shall report and pay the tax imposed under | 33990 |
| this chapter separately, as a member of a combined taxpayer, or, | 33991 |
| if the former member satisfies such requirements with respect to | 33992 |
| another consolidated elected group, as a member of that | 33993 |
| consolidated elected group. | 33994 |
| (d) The group agrees to the application of division (B) of | 33995 |
| this section. | 33996 |
| (B) A group of persons making the election under this section | 33997 |
| shall report and pay tax on all of the group's taxable gross | 33998 |
| receipts even if substantial nexus with this state does not exist | 33999 |
| for one or more persons in the group. | 34000 |
| (C)(1) A consolidated elected taxpayer shall exclude taxable | 34001 |
| gross receipts between its members and taxable gross receipts | 34002 |
| received by a person enumerated in divisions (E)(2) to (10) of | 34003 |
| section 5751.01 of the Revised Code, except for taxable gross | 34004 |
| receipts received by a member described in division (E)(4) of | 34005 |
| section 5751.01 of the Revised Code that is not a qualifying | 34006 |
| dealer as defined in section 5725.24 of the Revised Code. Except | 34007 |
| as provided in division (C)(2) of this section, nothing in this | 34008 |
| section shall have the effect of excluding taxable gross receipts | 34009 |
| received from persons that are not members of the group. | 34010 |
| (2) Gross receipts related to the sale or transmission of | 34011 |
| electricity through the use of an intermediary regional | 34012 |
| transmission organization approved by the federal energy | 34013 |
| regulatory commission shall be excluded from taxable gross | 34014 |
| receipts under division (C)(1) of this section if all other | 34015 |
| requirements of that division are met, even if the receipts are | 34016 |
| from and to the same member of the group. | 34017 |
| (D) To make the election to be a consolidated elected | 34018 |
| taxpayer, a group of persons shall | 34019 |
| commissioner of the election in the manner prescribed by the | 34020 |
| commissioner and pay the commissioner a registration fee equal to | 34021 |
| the lesser of two hundred dollars or twenty dollars for each | 34022 |
| person in the group. No additional fee shall be imposed for the | 34023 |
| addition of new members to the group once the group has remitted a | 34024 |
| fee in the amount of two hundred dollars. The | 34025 |
| shall be | 34026 |
| beginning of the first calendar quarter to which the election | 34027 |
| applies or November 15, 2005. The fee shall be collected and used | 34028 |
| in the same manner as provided in section 5751.04 of the Revised | 34029 |
| Code. | 34030 |
| The election shall be made on a form prescribed by the tax | 34031 |
| commissioner for that purpose and shall be signed by one or more | 34032 |
| individuals with authority, separately or together, to make a | 34033 |
| binding election on behalf of all persons in the group. | 34034 |
| 34035 | |
| 34036 |
| Any person acquired or formed after the filing of the | 34037 |
| registration shall be included in the group if the person meets | 34038 |
| the requirements of division (A)(1) of this section, and the group | 34039 |
| shall notify the tax commissioner of any additions to the group | 34040 |
| with the next tax return it files with the commissioner. | 34041 |
| (E) Each member of a consolidated elected taxpayer is jointly | 34042 |
| and severally liable for the tax imposed by this chapter and any | 34043 |
| penalties or interest thereon. The tax commissioner may require | 34044 |
| one person in the group to be the taxpayer for purposes of | 34045 |
| registration and remittance of the tax, but all members of the | 34046 |
| group are subject to assessment under section 5751.09 of the | 34047 |
| Revised Code. | 34048 |
| Sec. 5751.032. (A) As used in this section: | 34049 |
| (1) "CAT" refers to the tax levied by this chapter. | 34050 |
| (2) "CAT collected" means, with regard to a CAT test period, | 34051 |
| the net amount of CAT, exclusive of registration fees, received in | 34052 |
| the period after subtracting any CAT refunded in the period. | 34053 |
| (3) "First CAT test period" means the twenty-four month | 34054 |
| period beginning July 1, 2005, and ending June 30, 2007. | 34055 |
| (4) "Second CAT test period" means the twelve-month period | 34056 |
| beginning July 1, 2008, and ending June 30, 2009. | 34057 |
| (5) "Third CAT test period" means the twelve-month period | 34058 |
| beginning July 1, 2010, and ending June 30, 2011. | 34059 |
| (B) Not later than the last day of September immediately | 34060 |
| following the end of each CAT test period, the tax commissioner | 34061 |
| shall compute the amount of CAT collected during that test period. | 34062 |
| If the amount is less than ninety per cent or greater than one | 34063 |
| hundred ten per cent of the prescribed CAT collections for that | 34064 |
| period, the commissioner shall proceed as provided in division (C) | 34065 |
| or (D) of this section, as applicable. For the purposes of | 34066 |
| division (B) of this section, the prescribed CAT collections for | 34067 |
| the CAT test periods are as follows: | 34068 |
| (1) For the first CAT test period, eight hundred fifteen | 34069 |
| million dollars; | 34070 |
| (2) For the second CAT test period, one billion one hundred | 34071 |
| ninety million dollars less any amount credited to the commercial | 34072 |
| activity tax reduction fund with regard to the first CAT test | 34073 |
| period; | 34074 |
| (3) For the third CAT test period, one billion six hundred | 34075 |
| ten million dollars less any amount credited to the commercial | 34076 |
| activity tax reduction fund with regard to the second CAT test | 34077 |
| period. | 34078 |
| (C)(1) If the amount of CAT collected during a CAT test | 34079 |
| period is less than ninety per cent of the prescribed CAT | 34080 |
| collections for that test period, the tax commissioner shall | 34081 |
| determine a new tax rate equal to the tax rate that would have | 34082 |
| yielded the prescribed CAT collections during that test period. | 34083 |
| The tax rate shall be the rate that would have to be imposed under | 34084 |
| division (A) of section 5751.03 of the Revised Code before any | 34085 |
| applicable phase-in percentages under section 5751.031 of the | 34086 |
| Revised Code or otherwise provided by law to yield the prescribed | 34087 |
| CAT collection after applying any applicable phase-in percentages. | 34088 |
| (2) If the amount of CAT collected during a CAT test period | 34089 |
| exceeds one hundred ten per cent of the prescribed CAT collections | 34090 |
| for that test period, the tax commissioner shall determine a new | 34091 |
| tax rate equal to the tax rate that would have yielded the | 34092 |
| prescribed CAT collections during that test period less one-half | 34093 |
| of the amount of the excess that was certified to the director of | 34094 |
| budget and management for the test period under division (D) of | 34095 |
| this section. The tax rate shall be the rate that would have to be | 34096 |
| imposed under division (A) of section 5751.03 of the Revised Code | 34097 |
| before any applicable phase-in percentages under section 5751.031 | 34098 |
| of the Revised Code or otherwise provided by law to yield the | 34099 |
| prescribed CAT collection after applying any applicable phase-in | 34100 |
| percentages. | 34101 |
| (3) A new tax rate computed under division (C)(1) or (2) of | 34102 |
| this section shall be expressed as a number of mills per dollar, | 34103 |
| rounded to the nearest one-hundredth of one mill. The rate shall | 34104 |
| be rounded upward by one-hundredth of one mill only if the next | 34105 |
| decimal digit is five or more. | 34106 |
| (4) Not later than the last day of September following the | 34107 |
| end of the CAT test period on the basis of which a new tax rate is | 34108 |
| computed, the tax commissioner shall certify the new tax rate to | 34109 |
| the governor, the president of the senate, the speaker of the | 34110 |
| house of representatives, and all other members of the general | 34111 |
| assembly. The commissioner shall publish the new tax rate by | 34112 |
| journal entry and provide notice of the new tax rate to taxpayers. | 34113 |
| The new tax rate shall be the rate imposed under division (A) of | 34114 |
| section 5751.03 of the Revised Code beginning with the ensuing | 34115 |
| calendar year, and is subject to any applicable phase-in | 34116 |
| percentages provided for under section 5751.031 of the Revised | 34117 |
| Code. | 34118 |
| (D) If the amount of CAT collected during a CAT test period | 34119 |
| exceeds one hundred ten per cent of the prescribed CAT collections | 34120 |
| for that test period, the tax commissioner shall certify the | 34121 |
| excess amount to the director of budget and management not later | 34122 |
| than the last day of September immediately following the end of | 34123 |
| that test period. The director shall forthwith transfer from the | 34124 |
| general revenue fund one-half of the amount of the excess so | 34125 |
| certified to the commercial activity tax refund fund, which is | 34126 |
| hereby created in the state treasury, and the remaining one-half | 34127 |
| of the amount of the excess to the budget stabilization fund. All | 34128 |
| money credited to the commercial activity tax refund fund shall be | 34129 |
| applied to reimburse the general revenue fund, school district | 34130 |
| tangible property tax replacement fund, and local government | 34131 |
| tangible property tax replacement fund for the diminution in | 34132 |
| revenue caused by the credit provided under division (D) of | 34133 |
| section 5751.03 of the Revised Code. On or before the last day of | 34134 |
| May, August, and October of the calendar year that begins after | 34135 |
| the end of the test period, and on or before the last day of | 34136 |
| February of the following calendar year, the director of budget | 34137 |
| and management shall transfer one-fourth of the amount that had | 34138 |
| been transferred to the commercial activity tax refund fund to | 34139 |
| each of those funds in the proportions specified under division | 34140 |
| (B) of section 5751.21 of the Revised Code. | 34141 |
| In the calendar year that begins immediately after the year | 34142 |
| in which a transfer is made to the commercial activity tax refund | 34143 |
| fund, the tax commissioner shall compute the amount to be | 34144 |
| credited, under division (D) of section 5751.03 of the Revised | 34145 |
| Code, to each taxpayer that paid in full the tax imposed under | 34146 |
| this chapter for the calendar year in which the transfer was made. | 34147 |
| The credit allowed to each such taxpayer shall equal the amount | 34148 |
| transferred to the commercial activity tax refund fund multiplied | 34149 |
| by a fraction, the numerator of which is the amount of tax paid by | 34150 |
| that taxpayer for that calendar year and the denominator of which | 34151 |
| is the total of the taxes paid by all such taxpayers for which the | 34152 |
| credit is allowed. The credit applies only to the calendar year | 34153 |
| that begins immediately after the year in which a transfer is made | 34154 |
| to the commercial activity tax refund fund under this division. | 34155 |
| (E) It is the intent of the General Assembly to conduct a | 34156 |
| review of the prescribed CAT collections and rate adjustments | 34157 |
| provided for under divisions (A) to (D) of this section every two | 34158 |
| years in conjunction with its biennial budget deliberations, and | 34159 |
| to establish lower prescribed CAT collections or reduce the rate | 34160 |
| of tax levied under this chapter on the basis of the following | 34161 |
| three factors: | 34162 |
| (1) The revenue yield of the tax; | 34163 |
| (2) The condition of the Ohio economy; | 34164 |
| (3) Savings realized by ongoing reform to medicaid and other | 34165 |
| policy initiatives. | 34166 |
| Sec. 5751.04. (A) Not later than the later of November 15, | 34167 |
| 2005, or thirty days after a person first has more than one | 34168 |
| hundred fifty thousand dollars in taxable gross receipts in a | 34169 |
| calendar year, each person subject to this chapter shall register | 34170 |
| with the tax commissioner on the form prescribed by the | 34171 |
| commissioner. The form shall include the following: | 34172 |
| (1) The person's name; | 34173 |
| (2) If applicable, the name of the state or country under the | 34174 |
| laws of which the person is incorporated; | 34175 |
| (3) If applicable, the location of a person's principal | 34176 |
| office | 34177 |
| 34178 | |
| address of the officer or agent of the corporation in charge of | 34179 |
| the business | 34180 |
| (4) If applicable, the names of the person's president, | 34181 |
| secretary, treasurer, and statutory agent designated pursuant to | 34182 |
| section 1703.041 of the Revised Code, with the post office address | 34183 |
| of each; | 34184 |
| (5) The kind of business in which the person is engaged, | 34185 |
| including applicable business or industry codes; | 34186 |
| (6) | 34187 |
| beginning of the person's annual accounting period that includes | 34188 |
| the first day of January of the taxable calendar year; | 34189 |
| (7) If the person is not a corporation or a sole proprietor, | 34190 |
| the names of | 34191 |
| the tax commissioner; | 34192 |
| (8) The person's federal employer identification number or | 34193 |
| numbers or, if those are not applicable, the person's social | 34194 |
| security number or equivalent; | 34195 |
| (9) All other information that the commissioner requires to | 34196 |
| administer and enforce this chapter. | 34197 |
| (B) Except as otherwise provided in this division, each | 34198 |
| person registering with the tax commissioner as required by | 34199 |
| division (A) of this section shall pay a registration fee. The fee | 34200 |
| shall be in the amount of fifteen dollars if a person registers | 34201 |
| electronically and twenty dollars if a person does not register | 34202 |
| electronically. The registration fee shall be paid in the manner | 34203 |
| prescribed by the tax commissioner at the same time the | 34204 |
| registration is due if a person is subject to the tax imposed | 34205 |
| under this chapter before January 1, 2006. If a person first | 34206 |
| becomes subject to the tax after that date, the registration fee | 34207 |
| is payable with the first tax period return the person is required | 34208 |
| to file as prescribed by section 5751.051 of the Revised Code. If | 34209 |
| a registration fee is not paid when due, an additional fee is | 34210 |
| imposed in the amount of one hundred dollars per month or part | 34211 |
| thereof the fee is outstanding, not to exceed one thousand | 34212 |
| dollars. The tax commissioner may abate the additional fee. The | 34213 |
| fee imposed under this division may be assessed in the same manner | 34214 |
| as the tax imposed under this chapter. Proceeds from the fee shall | 34215 |
| be credited to the commercial activity tax administrative fund, | 34216 |
| which is hereby created in the state treasury for the commissioner | 34217 |
| to use in implementing and administering the tax imposed under | 34218 |
| this chapter. | 34219 |
| No registration fee is payable by a person for a calendar | 34220 |
| year if the person first begins business operations in this state | 34221 |
| after the thirtieth day of November of that calendar year or if | 34222 |
| the person's taxable gross receipts for the calendar year exceed | 34223 |
| one hundred fifty thousand dollars but do not exceed one hundred | 34224 |
| fifty thousand dollars as of the first day of December of the | 34225 |
| calendar year. | 34226 |
| Registration fees paid under this section, excluding any | 34227 |
| additional fee imposed for late payment of the registration fee, | 34228 |
| shall be credited against the first payment of tax payable under | 34229 |
| section 5751.03 of the Revised Code after the registration fee is | 34230 |
| paid. | 34231 |
| (C) If a person that has registered under this section is no | 34232 |
| longer a taxpayer subject to this chapter, including no longer | 34233 |
| being a taxpayer because of the application of division (E)(1) of | 34234 |
| section 5751.01 of the Revised Code, the person shall notify the | 34235 |
| commissioner that the person's registration should be cancelled. | 34236 |
| Sec. 5751.05. (A) If a person subject to this chapter | 34237 |
| anticipates that the person's taxable gross receipts will be | 34238 |
| 34239 | |
| may elect to be a calendar year taxpayer. If a person is not | 34240 |
| required to be registered under this section for calendar year | 34241 |
| 2006 and anticipates that the person's taxable gross receipts will | 34242 |
| be | 34243 |
| year the person is required to register under this section, the | 34244 |
| person may elect to be a calendar year taxpayer. | 34245 |
| (B) Any person that is a calendar year taxpayer pursuant to | 34246 |
| an election under division (A) of this section shall become a | 34247 |
| calendar quarter taxpayer in the subsequent calendar year if the | 34248 |
| person's taxable gross receipts for the prior calendar year are | 34249 |
| more than one million dollars | 34250 |
| quarter taxpayer until the person notifies the tax commissioner, | 34251 |
| and receives approval in writing from the tax commissioner, to | 34252 |
| switch back to being a calendar year taxpayer. Nothing in this | 34253 |
| division prohibits a person that has elected to be a calendar year | 34254 |
| taxpayer from notifying the tax commissioner, using the procedures | 34255 |
| prescribed by the commissioner, that it is switching back to being | 34256 |
| a calendar quarter taxpayer. | 34257 |
| (C) Any taxpayer that is not a calendar year taxpayer | 34258 |
| pursuant to this section is a calendar quarter taxpayer. The tax | 34259 |
| commissioner may grant written approval for a calendar quarter | 34260 |
| taxpayer to use an alternative reporting schedule or estimate the | 34261 |
| amount of tax due for a calendar quarter if the taxpayer | 34262 |
| demonstrates to the commissioner the need for such a deviation. | 34263 |
| The commissioner may adopt a rule to apply division (C) of this | 34264 |
| section to a group of taxpayers without the taxpayers having to | 34265 |
| receive written approval from the commissioner. | 34266 |
| Sec. 5751.051. (A)(1) Not later than forty days after the | 34267 |
| end of each calendar quarter, every taxpayer other than a calendar | 34268 |
| year taxpayer shall file with the tax commissioner a tax return in | 34269 |
| such form as the commissioner prescribes. The return shall | 34270 |
| include, but is not limited to, the amount of the taxpayer's | 34271 |
| taxable gross receipts for the calendar quarter and shall indicate | 34272 |
| the amount of tax due under section 5751.03 of the Revised Code | 34273 |
| for the calendar quarter. | 34274 |
| (2)(a) Subject to division (C) of section 5751.05 of the | 34275 |
| Revised Code, a calendar quarter taxpayer shall report the taxable | 34276 |
| gross receipts for that calendar quarter. | 34277 |
| (b) With respect to taxable gross receipts incorrectly | 34278 |
| reported in a calendar quarter that has a lower tax rate, the tax | 34279 |
| shall be computed at the tax rate in effect for the quarterly | 34280 |
| return in which such receipts should have been reported. Nothing | 34281 |
| in division (A)(2)(b) of this section prohibits a taxpayer from | 34282 |
| filing an application for refund under section 5751.08 of the | 34283 |
| Revised Code with regard to the incorrect reporting of taxable | 34284 |
| gross receipts discovered after filing the annual return described | 34285 |
| in division (A)(3) of this section. | 34286 |
| A tax return shall not be deemed to be an incorrect reporting | 34287 |
| of taxable gross receipts for the purposes of division (A)(2)(b) | 34288 |
| of this section if the return reflects between ninety-five and one | 34289 |
| hundred five per cent of the actual taxable gross receipts for the | 34290 |
| calendar quarter. | 34291 |
| (3) The tax return filed for the fourth calendar quarter of a | 34292 |
| calendar year is the annual return for the privilege tax imposed | 34293 |
| by this chapter. Such return shall report any additional taxable | 34294 |
| gross receipts not previously reported in the calendar year and | 34295 |
| shall adjust for any over-reported taxable gross receipts in the | 34296 |
| calendar year. If the taxpayer ceases to be a taxpayer before the | 34297 |
| end of the calendar year, the last return the taxpayer is required | 34298 |
| to file shall be the annual return for the taxpayer and the | 34299 |
| taxpayer shall report any additional taxable gross receipts not | 34300 |
| previously reported in the calendar year and shall adjust for any | 34301 |
| over-reported taxable gross receipts in the calendar year. | 34302 |
| (4) Because the tax imposed by this chapter is a privilege | 34303 |
| tax, the tax rate with respect to taxable gross receipts for a | 34304 |
| calendar quarter is not fixed until the end of the measurement | 34305 |
| period for each calendar quarter. Subject to division (A)(2)(b) of | 34306 |
| this section, the total amount of taxable gross receipts reported | 34307 |
| for a given calendar quarter shall be subject to the tax rate in | 34308 |
| effect in that quarter. | 34309 |
| (5) Not later than forty days after the end of each calendar | 34310 |
| year, every calendar year taxpayer shall file with the tax | 34311 |
| commissioner a tax return in such form as the commissioner | 34312 |
| prescribes. The return shall include, but is not limited to, the | 34313 |
| amount of the taxpayer's taxable gross receipts for the calendar | 34314 |
| year and shall indicate the amount of tax due under section | 34315 |
| 5751.03 of the Revised Code for the calendar year. | 34316 |
| (B)(1) A person that first becomes subject to the tax imposed | 34317 |
| under this chapter | 34318 |
| 34319 | |
| section 5751.03 of the Revised Code along with the registration | 34320 |
| fee imposed under this section, if applicable, on or before the | 34321 |
| day the return is required to be filed for that quarter under | 34322 |
| division (A)(1) of this section, regardless of whether the person | 34323 |
| elects to be a calendar year taxpayer under section 5751.05 of the | 34324 |
| Revised Code. | 34325 |
| (2) The amount of the minimum tax for a person subject to | 34326 |
| division (B)(1) of this section shall be reduced to seventy-five | 34327 |
| dollars if the registration is timely filed after the first day of | 34328 |
| May and before the first day of | 34329 |
| calendar year. | 34330 |
| Sec. 5751.10. If any person liable for the tax imposed under | 34331 |
| this chapter sells the trade or business, disposes in any manner | 34332 |
| other than in the regular course of business at least seventy-five | 34333 |
| per cent of assets of the trade or business, or quits the trade or | 34334 |
| business, any tax owed by such person shall become due and payable | 34335 |
| immediately, and the person shall pay the tax under this section, | 34336 |
| including any applicable penalties and interest, within | 34337 |
| forty-five days after the date of selling or quitting the trade or | 34338 |
| business. The person's successor shall withhold a sufficient | 34339 |
| amount of the purchase money to cover the amount due and unpaid | 34340 |
| until the former owner produces a receipt from the tax | 34341 |
| commissioner showing that the amounts are paid or a certificate | 34342 |
| indicating that no taxes are due. If a purchaser fails to withhold | 34343 |
| purchase money, that person is personally liable up to the | 34344 |
| purchase money amount, for such amounts that are unpaid during the | 34345 |
| operation of the business by the former owner. | 34346 |
| The tax commissioner may adopt rules regarding the issuance | 34347 |
| of certificates under this section, including the waiver of the | 34348 |
| need for a certificate if certain criteria are met. | 34349 |
| Sec. 5751.20. (A) As used in sections 5751.20 to 5751.22 of | 34350 |
| the Revised Code: | 34351 |
| (1) "School district," "joint vocational school district," | 34352 |
| "local taxing unit," "state education aid," "recognized | 34353 |
| valuation," "fixed-rate levy," and "fixed-sum levy" have the same | 34354 |
| meanings as used in section 5727.84 of the Revised Code. | 34355 |
| (2) "State education aid offset" means the amount determined | 34356 |
| for each school district or joint vocational school district under | 34357 |
| division (A)(1) of section 5751.21 of the Revised Code. | 34358 |
| (3) "Machinery and equipment property tax value loss" means | 34359 |
| the amount determined under division (C)(1) of this section. | 34360 |
| (4) "Inventory property tax value loss" means the amount | 34361 |
| determined under division (C)(2) of this section. | 34362 |
| (5) "Furniture and fixtures property tax value loss" means | 34363 |
| the amount determined under division (C)(3) of this section. | 34364 |
| (6) "Machinery and equipment fixed-rate levy loss" means the | 34365 |
| amount determined under division (D)(1) of this section. | 34366 |
| (7) "Inventory fixed-rate levy loss" means the amount | 34367 |
| determined under division (D)(2) of this section. | 34368 |
| (8) "Furniture and fixtures fixed-rate levy loss" means the | 34369 |
| amount determined under division (D)(3) of this section. | 34370 |
| (9) "Total fixed-rate levy loss" means the sum of the | 34371 |
| machinery and equipment fixed-rate levy loss, the inventory | 34372 |
| fixed-rate levy loss, the furniture and fixtures fixed-rate levy | 34373 |
| loss, and the telephone company fixed-rate levy loss. | 34374 |
| (10) "Fixed-sum levy loss" means the amount determined under | 34375 |
| division (E) of this section. | 34376 |
| (11) "Machinery and equipment" means personal property | 34377 |
| subject to the assessment rate specified in division (F) of | 34378 |
| section 5711.22 of the Revised Code. | 34379 |
| (12) "Inventory" means personal property subject to the | 34380 |
| assessment rate specified in division (E) of section 5711.22 of | 34381 |
| the Revised Code. | 34382 |
| (13) "Furniture and fixtures" means personal property subject | 34383 |
| to the assessment rate specified in division (G) of section | 34384 |
| 5711.22 of the Revised Code. | 34385 |
| (14) "Qualifying levies" are levies in effect for tax year | 34386 |
| 2004 or applicable to tax year 2005 or approved at an election | 34387 |
| conducted before September 1, 2005 | 34388 |
| 34389 | |
| authorized by section 5705.212 or 5705.213 of the Revised Code, | 34390 |
| the rate shall be the rate that would be in effect for tax year | 34391 |
| 2010. | 34392 |
| (15) "Telephone property" means tangible personal property of | 34393 |
| a telephone, telegraph, or interexchange telecommunications | 34394 |
| company subject to an assessment rate specified in section | 34395 |
| 5727.111 of the Revised Code in tax year 2004. | 34396 |
| (16) "Telephone property tax value loss" means the amount | 34397 |
| determined under division (C)(4) of this section. | 34398 |
| (17) "Telephone property fixed-rate levy loss" means the | 34399 |
| amount determined under division (D)(4) of this section. | 34400 |
| (B) The commercial activities tax receipts fund is hereby | 34401 |
| created in the state treasury and shall consist of money arising | 34402 |
| from the tax imposed under this chapter. All money in that fund | 34403 |
| shall be credited for each fiscal year in the following | 34404 |
| percentages to the general revenue fund, to the school district | 34405 |
| tangible property tax replacement fund, which is hereby created in | 34406 |
| the state treasury for the purpose of making the payments | 34407 |
| described in section 5751.21 of the Revised Code, and to the local | 34408 |
| government tangible property tax replacement fund, which is hereby | 34409 |
| created in the state treasury for the purpose of making the | 34410 |
| payments described in section 5751.22 of the Revised Code, in the | 34411 |
| following percentages: | 34412 |
| Fiscal year | General Revenue Fund | School District Tangible Property Tax Replacement Fund | Local Government Tangible Property Tax Replacement Fund | 34413 | |
| 2006 | 67.7% | 22.6% | 9.7% | 34414 | |
| 2007 | 0% | 70.0% | 30.0% | 34415 | |
| 2008 | 0% | 70.0% | 30.0% | 34416 | |
| 2009 | 0% | 70.0% | 30.0% | 34417 | |
| 2010 | 0% | 70.0% | 30.0% | 34418 | |
| 2011 | 0% | 70.0% | 30.0% | 34419 | |
| 2012 | 5.3% | 70.0% | 24.7% | 34420 | |
| 2013 | 19.4% | 70.0% | 10.6% | 34421 | |
| 2014 | 14.1% | 70.0% | 15.9% | 34422 | |
| 2015 | 17.6% | 70.0% | 12.4% | 34423 | |
| 2016 | 21.1% | 70.0% | 8.9% | 34424 | |
| 2017 | 24.6% | 70.0% | 5.4% | 34425 | |
| 2018 | 28.1% | 70.0% | 1.9% | 34426 | |
| 2019 and thereafter | 100% | 0% | 0% | 34427 |
| (C) Not later than September 15, 2005, the tax commissioner | 34428 |
| shall determine for each school district, joint vocational school | 34429 |
| district, and local taxing unit its machinery and equipment, | 34430 |
| inventory property, furniture and fixtures property, and telephone | 34431 |
| property tax value losses, which are the applicable amounts | 34432 |
| described in divisions (C)(1), (2), (3), and (4) of this section, | 34433 |
| except as provided in division (C)(5) of this section: | 34434 |
| (1) Machinery and equipment property tax value loss is the | 34435 |
| taxable value of machinery and equipment property as reported by | 34436 |
| taxpayers for tax year 2004 multiplied by: | 34437 |
| (a) For tax year 2006, thirty-three and eight-tenths per | 34438 |
| cent; | 34439 |
| (b) For tax year 2007, sixty-one and three-tenths per cent; | 34440 |
| (c) For tax year 2008, eighty-three per cent; | 34441 |
| (d) For tax year 2009 and thereafter, one hundred per cent. | 34442 |
| (2) Inventory property tax value loss is the taxable value of | 34443 |
| inventory property as reported by taxpayers for tax year 2004 | 34444 |
| multiplied by: | 34445 |
| (a) For tax year 2006, a fraction, the numerator of which is | 34446 |
| five and three-fourths and the denominator of which is | 34447 |
| twenty-three; | 34448 |
| (b) For tax year 2007, a fraction, the numerator of which is | 34449 |
| nine and one-half and the denominator of which is twenty-three; | 34450 |
| (c) For tax year 2008, a fraction, the numerator of which is | 34451 |
| thirteen and one-fourth and the denominator of which is | 34452 |
| twenty-three; | 34453 |
| (d) For tax year 2009 and thereafter a fraction, the | 34454 |
| numerator of which is seventeen and the denominator of which is | 34455 |
| twenty-three. | 34456 |
| (3) Furniture and fixtures property tax value loss is the | 34457 |
| taxable value of furniture and fixture property as reported by | 34458 |
| taxpayers for tax year 2004 multiplied by: | 34459 |
| (a) For tax year 2006, twenty-five per cent; | 34460 |
| (b) For tax year 2007, fifty per cent; | 34461 |
| (c) For tax year 2008, seventy-five per cent; | 34462 |
| (d) For tax year 2009 and thereafter, one hundred per cent. | 34463 |
| The taxable value of property reported by taxpayers used in | 34464 |
| divisions (C)(1), (2), and (3) of this section shall be such | 34465 |
| values as determined to be final by the tax commissioner as of | 34466 |
| August 31, 2005. Such determinations shall be final except for any | 34467 |
| correction of a clerical error that was made prior to August 31, | 34468 |
| 2005, by the tax commissioner. | 34469 |
| (4) Telephone property tax value loss is the taxable value of | 34470 |
| telephone property as taxpayers would have reported that property | 34471 |
| for tax year 2004 if the assessment rate for all telephone | 34472 |
| property for that year were twenty-five per cent, multiplied by: | 34473 |
| (a) For tax year 2006, zero per cent; | 34474 |
| (b) For tax year 2007, zero per cent; | 34475 |
| (c) For tax year 2008, zero per cent; | 34476 |
| (d) For tax year 2009, sixty per cent; | 34477 |
| (e) For tax year 2010, eighty per cent; | 34478 |
| (f) For tax year 2011 and thereafter, one hundred per cent. | 34479 |
| (5) Division (C)(5) of this section applies to any school | 34480 |
| district, joint vocational school district, or local taxing unit | 34481 |
| in a county in which is located a facility currently or formerly | 34482 |
| devoted to the enrichment or commercialization of uranium or | 34483 |
| uranium products, and for which the total taxable value of | 34484 |
| property listed on the general tax list of personal property for | 34485 |
| any tax year from tax year 2001 to tax year 2004 was fifty per | 34486 |
| cent or less of the taxable value of such property listed on the | 34487 |
| general tax list of personal property for the next preceding tax | 34488 |
| year. | 34489 |
| In computing the property tax value losses under divisions | 34490 |
| (C)(1), (2), and (3) of this section for any school district, | 34491 |
| joint vocational school district, or local taxing unit to which | 34492 |
| division (C)(5) of this section applies, the taxable value of such | 34493 |
| property as listed on the general tax list of personal property | 34494 |
| for tax year 2000 shall be substituted for the taxable value of | 34495 |
| such property as reported by taxpayers for tax year 2004, in the | 34496 |
| taxing district containing the uranium facility, if the taxable | 34497 |
| value listed for tax year 2000 is greater than the taxable value | 34498 |
| reported by taxpayers for tax year 2004. For the purpose of making | 34499 |
| the computations under divisions (C)(1), (2), and (3) of this | 34500 |
| section, the tax year 2000 valuation is to be allocated to | 34501 |
| machinery and equipment, inventory, and furniture and fixtures | 34502 |
| property in the same proportions as the tax year 2004 values. | 34503 |
| To facilitate the calculations required under division (C) of | 34504 |
| this section, the county auditor, upon request from the tax | 34505 |
| commissioner, shall provide by August 1, 2005, the values of | 34506 |
| machinery and equipment, inventory, and furniture and fixtures for | 34507 |
| all single-county personal property taxpayers for tax year 2004. | 34508 |
| (D) Not later than September 15, 2005, the tax commissioner | 34509 |
| shall determine for each tax year from 2006 through 2009 for each | 34510 |
| school district, joint vocational school district, and local | 34511 |
| taxing unit its machinery and equipment, inventory, and furniture | 34512 |
| and fixtures fixed-rate levy losses, and for each tax year from | 34513 |
| 2006 through 2011 its telephone property fixed-rate levy loss, | 34514 |
| which are the applicable amounts described in divisions (D)(1), | 34515 |
| (2), (3), and (4) of this section: | 34516 |
| (1) The machinery and equipment fixed-rate levy loss is the | 34517 |
| machinery and equipment property tax value loss multiplied by the | 34518 |
| sum of the tax rates of fixed-rate qualifying levies. | 34519 |
| (2) The inventory fixed-rate loss is the inventory property | 34520 |
| tax value loss multiplied by the sum of the tax rates of | 34521 |
| fixed-rate qualifying levies. | 34522 |
| (3) The furniture and fixtures fixed-rate levy loss is the | 34523 |
| furniture and fixture property tax value loss multiplied by the | 34524 |
| sum of the tax rates of fixed-rate qualifying levies. | 34525 |
| (4) The telephone property fixed-rate levy loss is the | 34526 |
| telephone property tax value loss multiplied by the sum of the tax | 34527 |
| rates of fixed-rate qualifying levies. | 34528 |
| (E) Not later than September 15, 2005, the tax commissioner | 34529 |
| shall determine for each school district, joint vocational school | 34530 |
| district, and local taxing unit its fixed-sum levy loss. The | 34531 |
| fixed-sum levy loss is the amount obtained by subtracting the | 34532 |
| amount described in division (E)(2) of this section from the | 34533 |
| amount described in division (E)(1) of this section: | 34534 |
| (1) The sum of the machinery and equipment property tax value | 34535 |
| loss, the inventory property tax value loss, and the furniture and | 34536 |
| fixtures property tax value loss, and, for 2008 through 2017 the | 34537 |
| telephone property tax value loss of the district or unit | 34538 |
| multiplied by the sum of the fixed-sum tax rates of qualifying | 34539 |
| levies. For 2006 through 2010, this computation shall include all | 34540 |
| qualifying levies remaining in effect for the current tax year and | 34541 |
| any school district emergency levies that are qualifying levies | 34542 |
| not remaining in effect for the current year. For 2011 through | 34543 |
| 2017, this computation shall include only qualifying levies | 34544 |
| remaining in effect for the current year. For purposes of this | 34545 |
| computation, a qualifying school district emergency levy remains | 34546 |
| in effect in a year after 2010 only if, for that year, the board | 34547 |
| of education levies a school district emergency levy for an annual | 34548 |
| sum at least equal to the annual sum levied by the board in tax | 34549 |
| year 2004 less the amount of the payment certified under this | 34550 |
| division for 2006. | 34551 |
| (2) The total taxable value in tax year 2004 less the sum of | 34552 |
| the machinery and equipment, inventory, furniture and fixtures, | 34553 |
| and telephone property tax value losses in each school district, | 34554 |
| joint vocational school district, and local taxing unit multiplied | 34555 |
| by one-half of one mill per dollar. | 34556 |
| (3) For the calculations in divisions (E)(1) and (2) of this | 34557 |
| section, the tax value losses are those that would be calculated | 34558 |
| for tax year 2009 under divisions (C)(1), (2), and (3) of this | 34559 |
| section and for tax year 2011 under division (C)(4) of this | 34560 |
| section. | 34561 |
| (4) To facilitate the calculation under divisions (D) and (E) | 34562 |
| of this section, not later than September 1, 2005, any school | 34563 |
| district, joint vocational school district, or local taxing unit | 34564 |
| that has a qualifying levy that was approved at an election | 34565 |
| conducted during 2005 before September 1, 2005, shall certify to | 34566 |
| the tax commissioner a copy of the county auditor's certificate of | 34567 |
| estimated property tax millage for such levy as required under | 34568 |
| division (B) of section 5705.03 of the Revised Code, which is the | 34569 |
| rate that shall be used in the calculations under such divisions. | 34570 |
| If the amount determined under division (E) of this section | 34571 |
| for any school district, joint vocational school district, or | 34572 |
| local taxing unit is greater than zero, that amount shall equal | 34573 |
| the reimbursement to be paid pursuant to division (D) of section | 34574 |
| 5751.21 or division (A)(3) of section 5751.22 of the Revised Code, | 34575 |
| and the one-half of one mill that is subtracted under division | 34576 |
| (E)(2) of this section shall be apportioned among all contributing | 34577 |
| fixed-sum levies in the proportion that each levy bears to the sum | 34578 |
| of all fixed-sum levies within each school district, joint | 34579 |
| vocational school district, or local taxing unit. | 34580 |
| (F) Not later than October 1, 2005, the tax commissioner | 34581 |
| shall certify to the department of education for every school | 34582 |
| district and joint vocational school district the machinery and | 34583 |
| equipment, inventory, furniture and fixtures, and telephone | 34584 |
| property tax value losses determined under division (C) of this | 34585 |
| section, the machinery and equipment, inventory, furniture and | 34586 |
| fixtures, and telephone fixed-rate levy losses determined under | 34587 |
| division (D) of this section, and the fixed-sum levy losses | 34588 |
| calculated under division (E) of this section. The calculations | 34589 |
| under divisions (D) and (E) of this section shall separately | 34590 |
| display the levy loss for each levy eligible for reimbursement. | 34591 |
| (G) Not later than October 1, 2005, the tax commissioner | 34592 |
| shall certify the amount of the fixed-sum levy losses to the | 34593 |
| county auditor of each county in which a school district, joint | 34594 |
| vocational school district, or local taxing unit with a fixed-sum | 34595 |
| levy loss reimbursement has territory. | 34596 |
| Sec. 5751.21. (A) Not later than the thirty-first day of | 34597 |
| July of 2007 through 2017, the department of education shall | 34598 |
| determine the following for each school district and each joint | 34599 |
| vocational school district eligible for payment under division (B) | 34600 |
| of this section: | 34601 |
| (1) The state education aid offset, which is the difference | 34602 |
| obtained by subtracting the amount described in division (A)(1)(b) | 34603 |
| of this section from the amount described in division (A)(1)(a) of | 34604 |
| this section: | 34605 |
| (a) The state education aid computed for the school district | 34606 |
| or joint vocational school district for the current fiscal year as | 34607 |
| of the thirty-first day of July; | 34608 |
| (b) The state education aid that would be computed for the | 34609 |
| school district or joint vocational school district for the | 34610 |
| current fiscal year as of the thirty-first day of July if the | 34611 |
| recognized valuation included the machinery and equipment, | 34612 |
| inventory, furniture and fixtures, and telephone property tax | 34613 |
| value losses for the school district or joint vocational school | 34614 |
| district for the second preceding tax year. | 34615 |
| (2) The greater of zero or the difference obtained by | 34616 |
| subtracting the state education aid offset determined under | 34617 |
| division (A)(1) of this section from the sum of the machinery and | 34618 |
| equipment fixed-rate levy loss, the inventory fixed-rate levy | 34619 |
| loss, furniture and fixtures fixed-rate levy loss, and telephone | 34620 |
| property fixed-rate levy loss certified under division (F) of | 34621 |
| section 5751.20 of the Revised Code for all taxing districts in | 34622 |
| each school district and joint vocational school district for the | 34623 |
| second preceding tax year. | 34624 |
| By the fifth day of August of each such year, the department | 34625 |
| of education shall certify the amount so determined under division | 34626 |
| (A)(1) of this section to the director of budget and management. | 34627 |
| (B) The department of education shall pay from the school | 34628 |
| district tangible property tax replacement fund to each school | 34629 |
| district and joint vocational school district all of the following | 34630 |
| for fixed-rate levy losses certified under division (F) of section | 34631 |
| 5751.20 of the Revised Code: | 34632 |
| (1) On or before May 31, 2006, one-seventh of the total | 34633 |
| fixed-rate levy loss for tax year 2006; | 34634 |
| (2) On or before August 31, 2006, and October 31, 2006, | 34635 |
| one-half of six-sevenths of the total fixed-rate levy loss | 34636 |
| tax year 2006; | 34637 |
| (3) On or before May 31, 2007, one-seventh of the total | 34638 |
| fixed-rate levy loss for tax year 2007; | 34639 |
| (4) On or before August 31, 2007, and October 31, 2007, | 34640 |
| forty-three per cent of the amount determined under division | 34641 |
| (A)(2) of this section for fiscal year 2008, but not less than | 34642 |
| zero, plus one-half of six-sevenths of the difference between the | 34643 |
| total fixed-rate levy loss for tax year 2007 and the total | 34644 |
| fixed-rate levy loss for tax year 2006. | 34645 |
| (5) On or before May 31, 2008, fourteen per cent of the | 34646 |
| amount determined under division (A)(2) of this section for fiscal | 34647 |
| year 2008, but not less than zero, plus one-seventh of the | 34648 |
| difference between the total fixed-rate levy loss for tax year | 34649 |
| 2008 and the total fixed-rate levy loss for tax year 2006. | 34650 |
| (6) On or before August 31, 2008, and October 31, 2008, | 34651 |
| forty-three per cent of the amount determined under division | 34652 |
| (A)(2) of this section for fiscal year 2009, but not less than | 34653 |
| zero, plus one-half of six-sevenths of the difference between the | 34654 |
| total fixed-rate levy loss in tax year 2008 and the total | 34655 |
| fixed-rate levy loss in tax year 2007. | 34656 |
| (7) On or before May 31, 2009, fourteen per cent of the | 34657 |
| amount determined under division (A)(2) of this section for fiscal | 34658 |
| year 2009, but not less than zero, plus one-seventh of the | 34659 |
| difference between the total fixed-rate levy loss for tax year | 34660 |
| 2009 and the total fixed-rate levy loss for tax year 2007. | 34661 |
| (8) On or before August 31, 2009, and October 31, 2009, | 34662 |
| 34663 | |
| division (A)(2) of this section for fiscal year 2010, but not less | 34664 |
| than zero, plus one-half of six-sevenths of the difference between | 34665 |
| the total fixed-rate levy loss in tax year 2009 and the total | 34666 |
| fixed-rate levy loss in tax year 2008. | 34667 |
| (9) On or before May 31, 2010, fourteen per cent of the | 34668 |
| amount determined under division (A)(2) of this section for fiscal | 34669 |
| year 2010, but not less than zero, plus one-seventh of the | 34670 |
| difference between the total fixed-rate levy loss in tax year 2010 | 34671 |
| and the total fixed-rate levy loss in tax year 2008. | 34672 |
| (10) On or before August 31, 2010, and October 31, 2010, | 34673 |
| one-third of the amount determined under division (A)(2) of this | 34674 |
| section for fiscal year 2011, but not less than zero, plus | 34675 |
| one-half of six-sevenths of the difference between the telephone | 34676 |
| property fixed-rate levy loss for tax year 2010 and the telephone | 34677 |
| property fixed-rate levy loss for tax year 2009. | 34678 |
| (11) On or before May 31, 2011, fourteen per cent of the | 34679 |
| amount determined under division (A)(2) of this section for fiscal | 34680 |
| year 2011, but not less than zero, plus one-seventh of the | 34681 |
| difference between the telephone property fixed-rate levy loss for | 34682 |
| tax year 2011 and the telephone property fixed-rate levy loss for | 34683 |
| tax year 2009. | 34684 |
| (12) On or before August 31, 2011, October 31, 2011, and May | 34685 |
| 31, 2012, the amount determined under division (A)(2) of this | 34686 |
| section multiplied by a fraction, the numerator of which is | 34687 |
| fourteen and the denominator of which is seventeen, but not less | 34688 |
| than zero, multiplied by one-third, plus one-half of six-sevenths | 34689 |
| of the difference between the telephone property fixed-rate levy | 34690 |
| loss for tax year 2011 and the telephone property fixed-rate levy | 34691 |
| loss for tax year 2010. | 34692 |
| (13) On or before May 31, 2012, fourteen per cent of the | 34693 |
| amount determined under division (A)(2) of this section for fiscal | 34694 |
| year 2012, multiplied by a fraction, the numerator of which is | 34695 |
| fourteen and the denominator of which is seventeen, plus | 34696 |
| one-seventh of the difference between the telephone property | 34697 |
| fixed-rate levy loss for tax year 2011 and the telephone property | 34698 |
| fixed-rate levy loss for tax year 2010. | 34699 |
| (14) On or before August 31, 2012, October 31, 2012, and May | 34700 |
| 31, 2013, the amount determined under division (A)(2) of this | 34701 |
| section multiplied by a fraction, the numerator of which is eleven | 34702 |
| and the denominator of which is seventeen, but not less than zero, | 34703 |
| multiplied by one-third. | 34704 |
| (15) On or before August 31, 2013, October 31, 2013, and May | 34705 |
| 31, 2014, the amount determined under division (A)(2) of this | 34706 |
| section multiplied by a fraction, the numerator of which is nine | 34707 |
| and the denominator of which is seventeen, but not less than zero, | 34708 |
| multiplied by one-third. | 34709 |
| (16) On or before August 31, 2014, October 31, 2014, and May | 34710 |
| 31, 2015, the amount determined under division (A)(2) of this | 34711 |
| section multiplied by a fraction, the numerator of which is seven | 34712 |
| and the denominator of which is seventeen, but not less than zero, | 34713 |
| multiplied by one-third. | 34714 |
| (17) On or before August 31, 2015, October 31, 2015, and May | 34715 |
| 31, 2016, the amount determined under division (A)(2) of this | 34716 |
| section multiplied by a fraction, the numerator of which is five | 34717 |
| and the denominator of which is seventeen, but not less than zero, | 34718 |
| multiplied by one-third. | 34719 |
| (18) On or before August 31, 2016, October 31, 2016, and May | 34720 |
| 31, 2017, the amount determined under division (A)(2) of this | 34721 |
| section multiplied by a fraction, the numerator of which is three | 34722 |
| and the denominator of which is seventeen, but not less than zero, | 34723 |
| multiplied by one-third. | 34724 |
| (19) On or before August 31, 2017, October 31, 2017, and May | 34725 |
| 31, 2018, the amount determined under division (A)(2) of this | 34726 |
| section multiplied by a fraction, the numerator of which is one | 34727 |
| and the denominator of which is seventeen, but not less than zero, | 34728 |
| multiplied by one-third. | 34729 |
| (20) After May 31, 2018, no payments shall be made under this | 34730 |
| section. | 34731 |
| The department of education shall report to each school | 34732 |
| district and joint vocational school district the apportionment of | 34733 |
| the payments among the school district's or joint vocational | 34734 |
| school district's funds based on the certifications under division | 34735 |
| (F) of section 5751.20 of the Revised Code. | 34736 |
| Any qualifying levy that is a fixed-rate levy that is not | 34737 |
| applicable to a tax year after 2010 does not qualify for any | 34738 |
| reimbursement after the tax year to which it is last applicable. | 34739 |
| (C) For taxes levied within the ten-mill limitation for debt | 34740 |
| purposes in tax year 2005, payments shall be made equal to one | 34741 |
| hundred per cent of the loss computed as if the tax were a | 34742 |
| fixed-rate levy, but those payments shall extend from fiscal year | 34743 |
| 2006 through fiscal year 2018, as long as the qualifying levy | 34744 |
| continues to be used for debt purposes. If the purpose of such a | 34745 |
| qualifying levy is changed, that levy becomes subject to the | 34746 |
| payments determined in division (B) of this section. | 34747 |
| (D)(1) Not later than January 1, 2006, for each fixed-sum | 34748 |
| levy of each school district or joint vocational school district | 34749 |
| and for each year for which a determination is made under division | 34750 |
| (F) of section 5751.20 of the Revised Code that a fixed-sum levy | 34751 |
| loss is to be reimbursed, the tax commissioner shall certify to | 34752 |
| the department of education the fixed-sum levy loss determined | 34753 |
| under that division. The certification shall cover a time period | 34754 |
| sufficient to include all fixed-sum levies for which the | 34755 |
| commissioner made such a determination. The department shall pay | 34756 |
| from the school district property tax replacement fund to the | 34757 |
| school district or joint vocational school district one-third of | 34758 |
| the fixed-sum levy loss so certified for each year on or before | 34759 |
| the last day of May, August, and | 34760 |
| year. | 34761 |
| (2) Beginning in 2006, by the first day of January of each | 34762 |
| year, the tax commissioner shall review the certification | 34763 |
| originally made under division (D)(1) of this section. If the | 34764 |
| commissioner determines that a debt levy that had been scheduled | 34765 |
| to be reimbursed in the current year has expired, a revised | 34766 |
| certification for that and all subsequent years shall be made to | 34767 |
| the department of education. | 34768 |
| (E) Beginning in September 2007 and through June 2018, the | 34769 |
| director of budget and management shall transfer from the school | 34770 |
| district tangible property tax replacement fund to the general | 34771 |
| revenue fund each of the following: | 34772 |
| (1) On the first day of September, the lesser of one-fourth | 34773 |
| of the amount certified for that fiscal year under division (A)(1) | 34774 |
| of this section or the balance in the school district tangible | 34775 |
| property tax replacement fund; | 34776 |
| (2) On the first day of December, the lesser of one-fourth of | 34777 |
| the amount certified for that fiscal year under division (A)(1) of | 34778 |
| this section or the balance in the school district tangible | 34779 |
| property tax replacement fund; | 34780 |
| (3) On the first day of March, the lesser of one-fourth of | 34781 |
| the amount certified for that fiscal year under division (A)(1) of | 34782 |
| this section or the balance in the school district tangible | 34783 |
| property tax replacement fund; | 34784 |
| (4) On the first day of June, the lesser of one-fourth of the | 34785 |
| amount certified for that fiscal year under division (A)(1) of | 34786 |
| this section or the balance in the school district tangible | 34787 |
| property tax replacement fund. | 34788 |
| (F) For each of the fiscal years 2006 through 2018, if the | 34789 |
| total amount in the school district tangible property tax | 34790 |
| replacement fund is insufficient to make all payments under | 34791 |
| divisions (B), (C), | 34792 |
| payments are to be made, the director of budget and management | 34793 |
| shall transfer from the general revenue fund to the school | 34794 |
| district tangible property tax replacement fund the difference | 34795 |
| between the total amount to be paid and the amount in the school | 34796 |
| district tangible property tax replacement fund. For each fiscal | 34797 |
| year after 2018, at the time payments under division (D) of this | 34798 |
| section are to be made, the director of budget and management | 34799 |
| shall transfer from the general revenue fund to the school | 34800 |
| district property tax replacement fund the amount necessary to | 34801 |
| make such payments. | 34802 |
| (G) On the fifteenth day of June of 2006 through 2011, the | 34803 |
| director of budget and management may transfer any balance in the | 34804 |
| school district tangible property tax replacement fund to the | 34805 |
| general revenue fund. At the end of fiscal years 2012 through | 34806 |
| 2018, any balance in the school district tangible property tax | 34807 |
| replacement fund shall remain in the fund to be used in future | 34808 |
| fiscal years for school purposes. | 34809 |
| (H) If all of the territory of a school district or joint | 34810 |
| vocational school district is merged with another district, or if | 34811 |
| a part of the territory of a school district or joint vocational | 34812 |
| school district is transferred to an existing or newly created | 34813 |
| district, the department of education, in consultation with the | 34814 |
| tax commissioner, shall adjust the payments made under this | 34815 |
| section as follows: | 34816 |
| (1) For a merger of two or more districts, the machinery and | 34817 |
| equipment, inventory, furniture and fixtures, and telephone | 34818 |
| property fixed-rate levy losses and the fixed-sum levy losses of | 34819 |
| the successor district shall be equal to the sum of the machinery | 34820 |
| and equipment, inventory, furniture and fixtures, and telephone | 34821 |
| property fixed-rate levy losses and debt levy losses as determined | 34822 |
| in section 5751.20 of the Revised Code, for each of the districts | 34823 |
| involved in the merger. | 34824 |
| (2) If property is transferred from one district to a | 34825 |
| previously existing district, the amount of machinery and | 34826 |
| equipment, inventory, furniture and fixtures, and telephone | 34827 |
| property fixed-rate levy losses that shall be transferred to the | 34828 |
| recipient district shall be an amount equal to the total machinery | 34829 |
| and equipment, inventory, furniture and fixtures, and telephone | 34830 |
| property fixed-rate levy losses times a fraction, the numerator of | 34831 |
| which is the value of business tangible personal property on the | 34832 |
| land being transferred in the most recent year for which data are | 34833 |
| available, and the denominator of which is the total value of | 34834 |
| business tangible personal property in the district from which the | 34835 |
| land is being transferred in the most recent year for which data | 34836 |
| are available. | 34837 |
| (3) After December 31, 2004, if property is transferred from | 34838 |
| one or more districts to a district that is newly created out of | 34839 |
| the transferred property, the newly created district shall be | 34840 |
| deemed not to have any machinery and equipment, inventory, | 34841 |
| furniture and fixtures, or telephone property fixed-rate levy | 34842 |
| losses and the districts from which the property was transferred | 34843 |
| shall have no reduction in their machinery and equipment, | 34844 |
| inventory, furniture and fixtures, and telephone property | 34845 |
| fixed-rate levy losses. | 34846 |
| (4) If the recipient district under division (H)(2) of this | 34847 |
| section or the newly created district under divisions (H)(3) of | 34848 |
| this section is assuming debt from one or more of the districts | 34849 |
| from which the property was transferred and any of the districts | 34850 |
| losing the property had fixed-sum levy losses, the department of | 34851 |
| education, in consultation with the tax commissioner, shall make | 34852 |
| an equitable division of the fixed-sum levy loss reimbursements. | 34853 |
| Sec. 5751.22. (A) Not later than January 1, 2006, the tax | 34854 |
| commissioner shall compute the payments to be made to each local | 34855 |
| taxing unit for each year according to divisions (A)(1), (2), (3), | 34856 |
| and (4) of this section, and shall distribute the payments in the | 34857 |
| manner prescribed by division (C) of this section. The calculation | 34858 |
| of the fixed-sum levy loss shall cover a time period sufficient to | 34859 |
| include all fixed-sum levies for which the commissioner | 34860 |
| determined, pursuant to division (E) of section 5751.20 of the | 34861 |
| Revised Code, that a fixed-sum levy loss is to be reimbursed. | 34862 |
| (1) Except as provided in division (A)(4) of this section, | 34863 |
| for machinery and equipment, inventory, and furniture and fixtures | 34864 |
| fixed-rate levy losses determined under division (D) of section | 34865 |
| 5751.20 of the Revised Code, payments shall be made in an amount | 34866 |
| equal to each of those losses multiplied by the following: | 34867 |
| (a) For tax years 2006 through 2010, one hundred per cent; | 34868 |
| (b) For tax year 2011, a fraction, the numerator of which is | 34869 |
| fourteen and the denominator of which is seventeen; | 34870 |
| (c) For tax year 2012, a fraction, the numerator of which is | 34871 |
| eleven and the denominator of which is seventeen; | 34872 |
| (d) For tax year 2013, a fraction, the numerator of which is | 34873 |
| nine and the denominator of which is seventeen; | 34874 |
| (e) For tax year 2014, a fraction, the numerator of which is | 34875 |
| seven and the denominator of which is seventeen; | 34876 |
| (f) For tax year 2015, a fraction, the numerator of which is | 34877 |
| five and the denominator of which is seventeen; | 34878 |
| (g) For tax year 2016, a fraction, the numerator of which is | 34879 |
| three and the denominator of which is seventeen; | 34880 |
| (h) For tax year 2017, a fraction, the numerator of which is | 34881 |
| one and the denominator of which is seventeen; | 34882 |
| (i) For tax years 2018 and thereafter, no fixed-rate payments | 34883 |
| shall be made. | 34884 |
| Any qualifying levy that is a fixed-rate levy that is not | 34885 |
| applicable to a tax year after 2010 shall not qualify for any | 34886 |
| reimbursement after the tax year to which it is last applicable. | 34887 |
| (2) Except as provided in division (A)(4) of this section, | 34888 |
| for telephone property fixed-rate levy losses determined under | 34889 |
| division (D)(4) of section 5751.20 of the Revised Code, payments | 34890 |
| shall be made in an amount equal to each of those losses | 34891 |
| multiplied by the following: | 34892 |
| (a) For tax years 2009 through 2011, one hundred per cent; | 34893 |
| (b) For tax year 2012, seven-eighths; | 34894 |
| (c) For tax year 2013, six-eighths; | 34895 |
| (d) For tax year 2014, five-eighths; | 34896 |
| (e) For tax year 2015, four-eighths; | 34897 |
| (f) For tax year 2016, three-eighths; | 34898 |
| (g) For tax year 2017, two-eighths; | 34899 |
| (h) For tax year 2018, one-eighth; | 34900 |
| (i) For tax years 2019 and thereafter, no fixed-rate payments | 34901 |
| shall be made. | 34902 |
| Any qualifying levy that is a fixed-rate levy that is not | 34903 |
| applicable to a tax year after 2011 shall not qualify for any | 34904 |
| reimbursement after the tax year to which it is last applicable. | 34905 |
| (3) For fixed-sum levy losses determined under division (E) | 34906 |
| of section 5751.20 of the Revised Code, payments shall be made in | 34907 |
| the amount of one hundred per cent of the fixed-sum levy loss for | 34908 |
| payments required to be made in 2006 and thereafter. | 34909 |
| (4) For taxes levied within the ten-mill limitation for debt | 34910 |
| purposes in tax year 2005, payments shall be made based on the | 34911 |
| schedule in division (A)(1) of this section for each of the | 34912 |
| calendar years 2006 through 2010. For each of the calendar years | 34913 |
| 2011 through 2017, the percentages for calendar year 2010 shall be | 34914 |
| used, as long as the qualifying levy continues to be used for debt | 34915 |
| purposes. If the purpose of such a qualifying levy is changed, | 34916 |
| that levy becomes subject to the payment schedules in divisions | 34917 |
| (A)(1)(a) to (h) of this section. No payments shall be made for | 34918 |
| such levies after calendar year 2017. | 34919 |
| (B) Beginning in 2007, by the thirty-first day of January of | 34920 |
| each year, the tax commissioner shall review the calculation | 34921 |
| originally made under division (A) of this section of the | 34922 |
| fixed-sum levy losses determined under division (E) of section | 34923 |
| 5751.20 of the Revised Code. If the commissioner determines that a | 34924 |
| fixed-sum levy that had been scheduled to be reimbursed in the | 34925 |
| current year has expired, a revised calculation for that and all | 34926 |
| subsequent years shall be made. | 34927 |
| (C) Payments to local taxing units required to be made under | 34928 |
| division (A) of this section shall be paid from the local | 34929 |
| government tangible property tax replacement fund to the county | 34930 |
| undivided income tax fund in the proper county treasury. Beginning | 34931 |
| in May 2006, | 34932 |
| that division shall be paid by the last day of May | 34933 |
| three-sevenths shall be paid by the last day of August | 34934 |
| October each year. Within forty-five days after receipt of such | 34935 |
| payments, the county treasurer shall distribute amounts determined | 34936 |
| under division (A) of this section to the proper local taxing unit | 34937 |
| as if they had been levied and collected as taxes, and the local | 34938 |
| taxing unit shall apportion the amounts so received among its | 34939 |
| funds in the same proportions as if those amounts had been levied | 34940 |
| and collected as taxes. | 34941 |
| (D) For each of the fiscal years 2006 through 2019, if the | 34942 |
| total amount in the local government tangible property tax | 34943 |
| replacement fund is insufficient to make all payments under | 34944 |
| division (C) of this section at the times the payments are to be | 34945 |
| made, the director of budget and management shall transfer from | 34946 |
| the general revenue fund to the local government tangible property | 34947 |
| tax replacement fund the difference between the total amount to be | 34948 |
| paid and the amount in the local government tangible property tax | 34949 |
| replacement fund. For each fiscal year after 2019, at the time | 34950 |
| payments under division (A)(2) of this section are to be made, the | 34951 |
| director of budget and management shall transfer from the general | 34952 |
| revenue fund to the local government property tax replacement fund | 34953 |
| the amount necessary to make such payments. | 34954 |
| (E) On the fifteenth day of June of each year from 2006 | 34955 |
| through 2018, the director of budget and management may transfer | 34956 |
| any balance in the local government tangible property tax | 34957 |
| replacement fund to the general revenue fund. | 34958 |
| (F) If all or a part of the territories of two or more local | 34959 |
| taxing units are merged, or unincorporated territory of a township | 34960 |
| is annexed by a municipal corporation, the tax commissioner shall | 34961 |
| adjust the payments made under this section to each of the local | 34962 |
| taxing units in proportion to the tax value loss apportioned to | 34963 |
| the merged or annexed territory, or as otherwise provided by a | 34964 |
| written agreement between the legislative authorities of the local | 34965 |
| taxing units certified to the commissioner not later than the | 34966 |
| first day of June of the calendar year in which the payment is to | 34967 |
| be made. | 34968 |
| Sec. 5751.53. (A) As used in this section: | 34969 |
| (1) "Net income" and "taxable year" have the same meanings as | 34970 |
| in section 5733.04 of the Revised Code. | 34971 |
| (2) "Franchise tax year" means "tax year" as defined in | 34972 |
| section 5733.04 of the Revised Code. | 34973 |
| (3) "Deductible temporary differences" and "taxable temporary | 34974 |
| differences" have the same meanings as those terms have for | 34975 |
| purposes of paragraph 13 of the statement of financial accounting | 34976 |
| standards, number 109. | 34977 |
| (4) "Qualifying taxpayer" means a taxpayer under this chapter | 34978 |
| that has a qualifying Ohio net operating loss carryforward equal | 34979 |
| to or greater than the qualifying amount. | 34980 |
| (5) "Qualifying Ohio net operating loss carryforward" means | 34981 |
| an Ohio net operating loss carryforward that the taxpayer could | 34982 |
| deduct in whole or in part for franchise tax year 2006 under | 34983 |
| section 5733.04 of the Revised Code but for the application of | 34984 |
| division (H) of this section. A qualifying Ohio net operating loss | 34985 |
| carryforward shall not exceed the amount of loss carryforward from | 34986 |
| franchise tax year 2005 as reported by the taxpayer either on a | 34987 |
| franchise tax report for franchise tax year 2005 pursuant to | 34988 |
| section 5733.02 of the Revised Code or on an amended franchise tax | 34989 |
| report prepared in good faith for such year and filed before July | 34990 |
| 1, 2006. | 34991 |
| (6) "Disallowed Ohio net operating loss carryforward" means | 34992 |
| the lesser of the amounts described in division (A)(6)(a) or (b) | 34993 |
| of this section, but the amounts described in divisions (A)(6)(a) | 34994 |
| and (b) of this section shall each be reduced by the qualifying | 34995 |
| amount. | 34996 |
| (a) The qualifying taxpayer's qualifying Ohio net operating | 34997 |
| loss carryforward; | 34998 |
| (b) The Ohio net operating loss carryforward amount that the | 34999 |
| qualifying taxpayer used to compute the related deferred tax asset | 35000 |
| reflected on its books and records on the last day of its taxable | 35001 |
| year ending in 2004, adjusted for return to accrual, but this | 35002 |
| amount shall be reduced by the qualifying related valuation | 35003 |
| allowance amount. For the purposes of this section, the | 35004 |
| "qualifying related valuation allowance amount" is the amount of | 35005 |
| Ohio net operating loss reflected in the qualifying taxpayer's | 35006 |
| computation of the valuation allowance account, as shown on its | 35007 |
| books and records on the last day of its taxable year ending in | 35008 |
| 2004, with respect to the deferred tax asset relating to its Ohio | 35009 |
| net operating loss carryforward amount. | 35010 |
| (7) "Other net deferred tax items apportioned to this state" | 35011 |
| is the product of (a) the amount of other net deferred tax items | 35012 |
| and (b) the fraction described in division (B)(2) of section | 35013 |
| 5733.05 for the qualifying taxpayer's franchise tax year 2005. | 35014 |
| (8)(a) Subject to divisions (A)(8)(b) to (d) of this section, | 35015 |
| the "amount of other net deferred tax items" is the difference | 35016 |
| between (i) the qualifying taxpayer's deductible temporary | 35017 |
| differences, net of related valuation allowance amounts, shown on | 35018 |
| the qualifying taxpayer's books and records on the last day of its | 35019 |
| taxable year ending in 2004, and (ii) the qualifying taxpayer's | 35020 |
| taxable temporary differences as shown on those books and records | 35021 |
| on that date. The amount of other net deferred tax items may be | 35022 |
| less than zero. | 35023 |
| (b) For the purposes of computing the amount of the | 35024 |
| qualifying taxpayer's other net deferred tax items described in | 35025 |
| division (A)(8)(a) of this section, any credit carryforward | 35026 |
| allowed under Chapter 5733. of the Revised Code shall be excluded | 35027 |
| from the amount of deductible temporary differences to the extent | 35028 |
| such credit carryforward amount, net of any related valuation | 35029 |
| allowance amount, is otherwise included in the qualifying | 35030 |
| taxpayer's deductible temporary differences, net of related | 35031 |
| valuation allowance amounts, shown on the qualifying taxpayer's | 35032 |
| books and records on the last day of the qualifying taxpayer's | 35033 |
| taxable year ending in 2004. | 35034 |
| (c) No portion of the disallowed Ohio net operating loss | 35035 |
| carryforward shall be included in the computation of the amount of | 35036 |
| the qualifying taxpayer's other net deferred tax items described | 35037 |
| in division (A)(8)(a) of this section. | 35038 |
| (d) In no event shall the amount of other net deferred tax | 35039 |
| items apportioned to this state exceed twenty-five per cent of the | 35040 |
| qualifying Ohio net operating loss carryforward. | 35041 |
| (9) "Amortizable amount" means: | 35042 |
| (a) If the qualifying taxpayer's other net deferred tax items | 35043 |
| apportioned to this state is equal to or greater than zero, eight | 35044 |
| per cent of the sum of the qualifying taxpayer's disallowed Ohio | 35045 |
| net operating loss carryforward and the qualifying taxpayer's | 35046 |
| other net deferred tax items apportioned to this state; | 35047 |
| (b) If the amount of the qualifying taxpayer's other net | 35048 |
| deferred tax items apportioned to this state is less than zero and | 35049 |
| if the absolute value of the amount of qualifying taxpayer's other | 35050 |
| net deferred tax items apportioned to this state is less than the | 35051 |
| qualifying taxpayer's disallowed net operating loss, eight per | 35052 |
| cent of the difference between the qualifying taxpayer's | 35053 |
| disallowed net operating loss carryforward and the absolute value | 35054 |
| of the qualifying taxpayer's other net deferred tax items | 35055 |
| apportioned to this state; | 35056 |
| (c) If the amount of the qualifying taxpayer's other net | 35057 |
| deferred tax items apportioned to this state is less than zero and | 35058 |
| if the absolute value of the amount of qualifying taxpayer's other | 35059 |
| net deferred tax items apportioned to this state is equal to or | 35060 |
| greater than the qualifying taxpayer's disallowed net operating | 35061 |
| loss, zero. | 35062 |
| (10) "Books and records" means the qualifying taxpayer's | 35063 |
| books, records, and all other information, all of which the | 35064 |
| qualifying taxpayer maintains and uses to prepare and issue its | 35065 |
| financial statements in accordance with generally accepted | 35066 |
| accounting principles. | 35067 |
| (11)(a) Except as modified by division (A)(11)(b) of this | 35068 |
| section, "qualifying amount" means fifty million dollars per | 35069 |
| person. | 35070 |
| (b) If for franchise tax year 2005 the person was a member of | 35071 |
| a combined franchise tax report, as provided by section 5733.052 | 35072 |
| of the Revised Code, the "qualifying amount" is, in the aggregate, | 35073 |
| fifty million dollars for all members of that combined franchise | 35074 |
| tax report, and for purposes of divisions (A)(6)(a) and (b) of | 35075 |
| this section, those members shall allocate to each member any | 35076 |
| portion of the fifty million dollar amount. The total amount | 35077 |
| allocated to the members who are qualifying taxpayers shall equal | 35078 |
| fifty million dollars. | 35079 |
| (B) For each calendar period beginning prior to January 1, | 35080 |
| 2030, there is hereby allowed a nonrefundable tax credit against | 35081 |
| the tax levied each year by this chapter on each qualifying | 35082 |
| taxpayer, on each consolidated elected taxpayer having one or more | 35083 |
| qualifying taxpayers as a member, and on each combined taxpayer | 35084 |
| having one or more qualifying taxpayers as a member. The credit | 35085 |
| shall be claimed in the order specified in section 5751.98 of the | 35086 |
| Revised Code and is allowed only to reduce the first one-half of | 35087 |
| any tax remaining after allowance of the credits that precede it | 35088 |
| in section 5751.98 of the Revised Code. No credit under division | 35089 |
| (B) of this section shall be allowed against the second one-half | 35090 |
| of such remaining tax. | 35091 |
| Except as otherwise limited by divisions (C) and (D) of this | 35092 |
| section, the maximum amount of the nonrefundable credit that may | 35093 |
| be used against the first one-half of the remaining tax for each | 35094 |
| calendar year is as follows: | 35095 |
| (1) For calendar year 2010, ten per cent of the amortizable | 35096 |
| amount; | 35097 |
| (2) For calendar year 2011, twenty per cent of the | 35098 |
| amortizable amount, less all amounts previously used; | 35099 |
| (3) For calendar year 2012, thirty per cent of the | 35100 |
| amortizable amount, less all amounts previously used; | 35101 |
| (4) For calendar year 2013, forty per cent of the amortizable | 35102 |
| amount, less all amounts previously used; | 35103 |
| (5) For calendar year 2014, fifty per cent of the amortizable | 35104 |
| amount, less all amounts previously used; | 35105 |
| (6) For calendar year 2015, sixty per cent of the amortizable | 35106 |
| amount, less all amounts previously used; | 35107 |
| (7) For calendar year 2016, seventy per cent of the | 35108 |
| amortizable amount, less all amounts previously used; | 35109 |
| (8) For calendar year 2017, eighty per cent of the | 35110 |
| amortizable amount, less all amounts previously used; | 35111 |
| (9) For calendar year 2018, ninety per cent of the | 35112 |
| amortizable amount, less all amounts previously used; | 35113 |
| (10) For each of calendar years 2019 through 2029, one | 35114 |
| hundred per cent of the amortizable amount, less all amounts used | 35115 |
| in all previous years. | 35116 |
| In no event shall the cumulative credit used for calendar | 35117 |
| years 2010 through 2029 exceed one hundred per cent of the | 35118 |
| amortizable amount. | 35119 |
| (C)(1) Except as otherwise set forth in division (C)(2) of | 35120 |
| this section, a refundable credit is allowed in calendar year 2030 | 35121 |
| for any portion of the qualifying taxpayer's amortizable amount | 35122 |
| that is not used in accordance with division (B) of this section | 35123 |
| against the tax levied by this chapter on all taxpayers. | 35124 |
| (2) Division (C)(1) of this section shall not apply and no | 35125 |
| refundable credit shall be available to any person if during any | 35126 |
| portion of the calendar year 2030 the person is not subject to the | 35127 |
| tax imposed by this chapter. | 35128 |
| (D) Not later than June 30, 2006, each qualifying taxpayer, | 35129 |
| consolidated elected taxpayer, or combined taxpayer that will | 35130 |
| claim for any year the credit allowed in divisions (B) and (C) of | 35131 |
| this section shall file with the tax commissioner a report setting | 35132 |
| forth the amortizable amount available to such taxpayer and all | 35133 |
| other related information that the commissioner, by rule, | 35134 |
| requires. If the taxpayer does not timely file the report or fails | 35135 |
| to provide timely all information required by this division, the | 35136 |
| taxpayer is precluded from claiming any credit amounts described | 35137 |
| in divisions (B) and (C) of this section. Unless extended by | 35138 |
| mutual consent, the tax commissioner may, until June 30, 2010, | 35139 |
| audit the accuracy of the amortizable amount available to each | 35140 |
| taxpayer that will claim the credit, and adjust the amortizable | 35141 |
| amount or, if appropriate, issue any assessment or final | 35142 |
| determination, as applicable, necessary to correct any errors | 35143 |
| found upon audit. | 35144 |
| (E) For the purpose of calculating the amortizable amount, if | 35145 |
| the tax commissioner ascertains that any portion of that amount is | 35146 |
| the result of a sham transaction as described in section 5703.56 | 35147 |
| of the Revised Code, the commissioner shall reduce the amortizable | 35148 |
| amount by two times the adjustment. | 35149 |
| (F) If one entity transfers all or a portion of its assets | 35150 |
| and equity to another entity as part of an entity organization or | 35151 |
| reorganization or subsequent entity organization or reorganization | 35152 |
| for which no gain or loss is recognized in whole or in part for | 35153 |
| federal income tax purposes under the Internal Revenue Code, the | 35154 |
| credits allowed by this section shall be computed in a manner | 35155 |
| consistent with that used to compute the portion, if any, of | 35156 |
| federal net operating losses allowed to the respective entities | 35157 |
| under the Internal Revenue Code. The tax commissioner may | 35158 |
| prescribe forms or rules for making the computations required by | 35159 |
| this division. | 35160 |
| (G)(1) Except as provided in division (F) of this section, no | 35161 |
| person shall pledge, collateralize, hypothecate, assign, convey, | 35162 |
| sell, exchange, or otherwise dispose of any or all tax credits, or | 35163 |
| any portion of any or all tax credits allowed under this section. | 35164 |
| (2) No credit allowed under this section is subject to | 35165 |
| execution, attachment, lien, levy, or other judicial proceeding. | 35166 |
| (H)(1)(a) Except as set forth in division (H)(1)(b) of this | 35167 |
| section and notwithstanding division (I)(1) of section 5733.04 of | 35168 |
| the Revised Code to the contrary, each person timely and fully | 35169 |
| complying with the reporting requirements set forth in division | 35170 |
| (D) of this section shall not claim, and shall not be entitled to | 35171 |
| claim, any deduction or adjustment for any Ohio net operating loss | 35172 |
| carried forward to any one or more franchise tax years after | 35173 |
| franchise tax year 2005. | 35174 |
| (b) Division (H)(1)(a) of this section applies only to the | 35175 |
| portion of the Ohio net operating loss represented by the | 35176 |
| disallowed Ohio net operating loss carryforward. | 35177 |
| (2) Notwithstanding division (I) of section 5733.04 of the | 35178 |
| Revised Code to the contrary, with respect to all franchise tax | 35179 |
| years after franchise tax year 2005, each person timely and fully | 35180 |
| complying with the reporting requirements set forth in division | 35181 |
| (D) of this section shall not claim, and shall not be entitled to | 35182 |
| claim, any deduction, exclusion, or adjustment with respect to | 35183 |
| deductible temporary differences reflected on the person's books | 35184 |
| and records on the last day of its taxable year ending in 2004. | 35185 |
| (3)(a) Except as set forth in division (H)(3)(b) of this | 35186 |
| section and notwithstanding division (I) of section 5733.04 of the | 35187 |
| Revised Code to the contrary, with respect to all franchise tax | 35188 |
| years after franchise tax year 2005, each person timely and fully | 35189 |
| complying with the reporting requirements set forth in division | 35190 |
| (D) of this section shall exclude from Ohio net income all taxable | 35191 |
| temporary differences reflected on the person's books and records | 35192 |
| on the last day of its taxable year ending in 2004. | 35193 |
| (b) In no event shall the exclusion provided by division | 35194 |
| (H)(3)(a) of this section for any franchise tax year exceed the | 35195 |
| amount of the taxable temporary differences otherwise included in | 35196 |
| Ohio net income for that year. | 35197 |
| (4) Divisions (H)(2) and (3) of this section shall apply only | 35198 |
| to the extent such items were used in the calculations of the | 35199 |
| credit provided by this section. | 35200 |
| Sec. 5919.19. (A) There is hereby created the commemorative | 35201 |
| Ohio national guard service medal. The adjutant general shall | 35202 |
| design the medal and administer the program for its distribution. | 35203 |
| Former members of the Ohio national guard who have been honorably | 35204 |
| or medically discharged or released from service in the Ohio | 35205 |
| national guard are eligible, upon application, to receive the | 35206 |
| medal. | 35207 |
| Eligible persons who apply to receive the medal shall submit | 35208 |
| to the adjutant general a copy of their DD-214 form or NGB-22 form | 35209 |
| and a fee in an amount to be determined by the adjutant general. | 35210 |
| The adjutant general shall set the fee at an amount necessary to | 35211 |
| cover the cost of producing the medal. | 35212 |
| (B) There is hereby created in the state treasury the | 35213 |
| national guard service medal fund. Fees collected from applicants | 35214 |
| for the medal as well as any appropriations made by the general | 35215 |
| assembly for purposes of the medal program shall be paid into the | 35216 |
| state treasury to the credit of the fund. The fund shall be used | 35217 |
| to pay for the production of the medal. | 35218 |
| Sec. 5923.05. (A)(1) Permanent public employees who are | 35219 |
| members of the Ohio organized militia or members of other reserve | 35220 |
| components of the armed forces of the United States, including the | 35221 |
| Ohio national guard, are entitled to a leave of absence from their | 35222 |
| respective positions without loss of pay for the time they are | 35223 |
| performing service in the uniformed services, for periods of up to | 35224 |
| one month, for each calendar year in which they are performing | 35225 |
| service in the uniformed services. | 35226 |
| (2) As used in this section: | 35227 |
| (a) "Calendar year" means the year beginning on the first day | 35228 |
| of January and ending on the last day of December. | 35229 |
| (b) "Month" means twenty-two eight-hour work days or one | 35230 |
| hundred seventy-six hours within one calendar year. | 35231 |
| (c) "Permanent public employees" and "uniformed services" | 35232 |
| have the same meanings as in section 5903.01 of the Revised Code. | 35233 |
| (d) "State agency" means any department, bureau, board, | 35234 |
| commission, office, or other organized body established by the | 35235 |
| constitution or laws of this state for the exercise of any | 35236 |
| function of state government, the general assembly, all | 35237 |
| legislative agencies, the supreme court, the court of claims, and | 35238 |
| the state-supported institutions of higher education. | 35239 |
| (B) Except as otherwise provided in division (D) of this | 35240 |
| section, any permanent public employee who is employed by a | 35241 |
| political subdivision, who is entitled to the leave provided under | 35242 |
| division (A) of this section, and who is called or ordered to the | 35243 |
| uniformed services for longer than a month, for each calendar year | 35244 |
| in which the employee performed service in the uniformed services, | 35245 |
| because of an executive order issued by the president of the | 35246 |
| United States, because of an act of congress, or because of an | 35247 |
| order to perform duty issued by the governor pursuant to section | 35248 |
| 5919.29 of the Revised Code is entitled, during the period | 35249 |
| designated in the order or act, to a leave of absence and to be | 35250 |
| paid, during each monthly pay period of that leave of absence, the | 35251 |
| lesser of the following: | 35252 |
| (1) The difference between the permanent public employee's | 35253 |
| gross monthly wage or salary as a permanent public employee and | 35254 |
| the sum of the permanent public employee's gross uniformed pay and | 35255 |
| allowances received that month; | 35256 |
| (2) Five hundred dollars. | 35257 |
| (C) Except as otherwise provided in division (D) of this | 35258 |
| section, any permanent public employee who is employed by a state | 35259 |
| agency, who is entitled to the leave provided under division (A) | 35260 |
| of this section, and who is called or ordered to the uniformed | 35261 |
| services for longer than a month, for each calendar year in which | 35262 |
| the employee performed service in the uniformed services, because | 35263 |
| of an executive order issued by the president of the United | 35264 |
| States, because of an act of congress, or because of an order to | 35265 |
| perform duty issued by the governor pursuant to section 5919.29 or | 35266 |
| 5923.21 of the Revised Code is entitled, during the period | 35267 |
| designated in the order or act, to a leave of absence and to be | 35268 |
| paid, during each monthly pay period of that leave of absence, the | 35269 |
| difference between the permanent public employee's gross monthly | 35270 |
| wage or salary as a permanent public employee and the sum of the | 35271 |
| permanent public employee's gross uniformed pay and allowances | 35272 |
| received that month. | 35273 |
| (D) No permanent public employee shall receive payments under | 35274 |
| division (B) or (C) of this section if the sum of the permanent | 35275 |
| public employee's gross uniformed pay and allowances received in a | 35276 |
| pay period exceeds the employee's gross wage or salary as a | 35277 |
| permanent public employee for that period or if the permanent | 35278 |
| public employee is receiving pay under division (A) of this | 35279 |
| section. | 35280 |
| (E) Any political subdivision of the state, as defined in | 35281 |
| section 2744.01 of the Revised Code, may elect to pay any of its | 35282 |
| permanent public employees who are entitled to the leave provided | 35283 |
| under division (A) of this section and who are called or ordered | 35284 |
| to the uniformed services for longer than one month, for each | 35285 |
| calendar year in which the employee performed service in the | 35286 |
| uniformed services, because of an executive order issued by the | 35287 |
| president or an act of congress, such payments, in addition to | 35288 |
| those payments required by division (B) of this section, as may be | 35289 |
| authorized by the legislative authority of the political | 35290 |
| subdivision. | 35291 |
| (F) Each permanent public employee who is entitled to leave | 35292 |
| provided under division (A) of this section shall submit to the | 35293 |
| permanent public employee's appointing authority the published | 35294 |
| order authorizing the call or order to the uniformed services or a | 35295 |
| written statement from the appropriate military commander | 35296 |
| authorizing that service, prior to being credited with that leave. | 35297 |
| (G) Any permanent public employee of a political subdivision | 35298 |
| whose employment is governed by a collective bargaining agreement | 35299 |
| with provision for the performance of service in the uniformed | 35300 |
| services shall abide by the terms of that collective bargaining | 35301 |
| agreement with respect to the performance of that service, except | 35302 |
| that no collective bargaining agreement may afford fewer rights | 35303 |
| and benefits than are conferred under this section. | 35304 |
| Sec. 6121.02. There is hereby created the Ohio water | 35305 |
| development authority. Such authority is a body both corporate and | 35306 |
| politic in this state, and the carrying out of its purposes and | 35307 |
| the exercise by it of the powers conferred by | 35308 |
| 35309 | |
| determined to be, essential governmental functions and public | 35310 |
| purposes of the state, but the authority is not immune from | 35311 |
| liability by reason thereof. The authority is subject to all | 35312 |
|
provisions of law generally applicable to state agencies | 35313 |
| that do not conflict with this chapter. | 35314 |
| The authority shall consist of eight members as follows: five | 35315 |
| members appointed by the governor, with the advice and consent of | 35316 |
| the senate, no more than three of whom shall be members of the | 35317 |
| same political party, and the directors of natural resources, | 35318 |
| environmental protection, and development, who shall be members ex | 35319 |
| officio without compensation. The director of development may | 35320 |
| designate a person in the unclassified civil service to serve in | 35321 |
| the director's place as a member of the authority notwithstanding | 35322 |
| section 121.05 of the Revised Code. The appointive members shall | 35323 |
| be residents of the state, and shall have been qualified electors | 35324 |
| therein for a period of at least five years next preceding their | 35325 |
| appointment. Appointed members' terms of office shall be for eight | 35326 |
| years, commencing on the second day of July and ending on the | 35327 |
| first day of July. Each member shall hold office from the date of | 35328 |
| appointment until the end of the term for which the member was | 35329 |
| appointed. Any member appointed to fill a vacancy occurring prior | 35330 |
| to the expiration of the term for which the member's predecessor | 35331 |
| was appointed shall hold office for the remainder of such term. | 35332 |
| Any appointed member shall continue in office subsequent to the | 35333 |
| expiration date of the member's term until the member's successor | 35334 |
| takes office, or until a period of sixty days has elapsed, | 35335 |
| whichever occurs first. A member of the authority is eligible for | 35336 |
| reappointment. Each appointed member of the authority, before | 35337 |
| entering upon the performance of the duties of the office, shall | 35338 |
| take an oath as provided by Section 7 of Article XV, Ohio | 35339 |
| Constitution. The governor may at any time remove any member of | 35340 |
| the authority for misfeasance, nonfeasance, or malfeasance in | 35341 |
| office. | 35342 |
| The authority shall elect one of its appointed members as | 35343 |
| chairperson and another as vice-chairperson, and shall appoint a | 35344 |
| secretary-treasurer who need not be a member of the authority. | 35345 |
| Four members of the authority shall constitute a quorum, and the | 35346 |
| affirmative vote of four members shall be necessary for any action | 35347 |
| taken by vote of the authority. No vacancy in the membership of | 35348 |
| the authority shall impair the rights of a quorum by such vote to | 35349 |
| exercise all the rights and perform all the duties of the | 35350 |
| authority. | 35351 |
| Before the issuance of any water development revenue bonds | 35352 |
|
under | 35353 |
| appointed member of the authority shall give a surety bond to the | 35354 |
| state in the penal sum of twenty-five thousand dollars and the | 35355 |
| secretary-treasurer shall give such a bond in the penal sum of | 35356 |
| fifty thousand dollars, each such surety bond to be conditioned | 35357 |
| upon the faithful performance of the duties of the office, to be | 35358 |
| executed by a surety company authorized to transact business in | 35359 |
| this state, and to be approved by the governor and filed in the | 35360 |
| office of the secretary of state. Each appointed member of the | 35361 |
| authority shall receive an annual salary of five thousand dollars, | 35362 |
| payable in monthly installments, and is entitled to health care | 35363 |
| benefits comparable to those generally available to state officers | 35364 |
| and employees under section 124.82 of the Revised Code. If Section | 35365 |
| 20 of Article II, Ohio Constitution, prohibits the Ohio water | 35366 |
| development authority from paying all or a part of the cost of | 35367 |
| health care benefits on behalf of a member of the authority for | 35368 |
| the remainder of an existing term, the member may receive these | 35369 |
| benefits by paying their total cost from the member's own | 35370 |
| financial resources, including paying by means of deductions from | 35371 |
| the member's salary. Each member shall be reimbursed for actual | 35372 |
| expenses necessarily incurred in the performance of official | 35373 |
| duties. All expenses incurred in
carrying out | 35374 |
| chapter shall be payable solely from funds provided under
| 35375 |
| 35376 | |
| purpose by the general assembly and no liability or obligation | 35377 |
| shall be incurred by the authority beyond the extent to which | 35378 |
|
moneys have been provided under | 35379 |
| appropriations. | 35380 |
| Section 101.02. That existing sections 9.41, 9.901, 101.543, | 35381 |
| 107.40, 109.57, 109.572, 113.09, 113.11, 113.12, 117.45, 117.46, | 35382 |
| 117.47, 117.48, 120.36, 120.52, 120.521, 120.53, 121.37, 122.17, | 35383 |
| 122.171, 122.72, 122.73, 122.74, 122.90, 124.09, 124.11, 124.134, | 35384 |
| 124.135, 124.137, 124.138, 124.139, 124.14, 124.151, 124.152, | 35385 |
| 124.18, 124.181, 124.182, 124.321, 124.324, 124.327, 124.382, | 35386 |
| 124.384, 124.386, 124.387, 124.389, 124.391, 124.82, 124.821, | 35387 |
| 124.823, 124.84, 124.87, 125.21, 126.07, 126.21, 126.22, 131.01, | 35388 |
| 131.02, 131.33, 133.01, 133.04, 133.06, 133.12, 133.18, 141.08, | 35389 |
| 141.10, 145.70, 173.14, 173.39, 173.391, 173.41, 184.20, 319.301, | 35390 |
| 340.021, 742.57, 901.23, 927.39, 927.40, 927.41, 927.42, 955.011, | 35391 |
| 955.16, 955.43, 1309.102, 1309.520, 1309.521, 1317.07, 1321.02, | 35392 |
| 1333.11, 1333.82, 1523.02, 1901.31, 1901.311, 1901.32, 1901.33, | 35393 |
| 2151.357, 2152.44, 2305.2341, 2503.20, 2913.01, 2913.02, 2921.321, | 35394 |
| 2923.46, 2925.44, 2933.43, 3109.14, 3301.0714, 3302.021, 3307.32, | 35395 |
| 3309.68, 3310.03, 3310.06, 3310.08, 3310.16, 3311.057, 3313.29, | 35396 |
| 3313.372, 3313.61, 3313.64, 3313.6410, 3313.813, 3314.02, 3314.03, | 35397 |
| 3314.08, 3314.26, 3314.35, 3314.36, 3315.01, 3317.01, 3317.015, | 35398 |
| 3317.02, 3317.021, 3317.022, 3317.024, 3317.029, 3317.0216, | 35399 |
| 3317.03, 3317.051, 3317.053, 3317.06, 3317.07, 3317.082, 3317.11, | 35400 |
| 3317.19, 3318.052, 3318.37, 3319.17, 3323.091, 3323.13, 3323.20, | 35401 |
| 3353.02, 3354.10, 3357.10, 3358.06, 3362.01, 3365.02, 3375.121, | 35402 |
| 3381.15, 3381.17, 3517.152, 3701.041, 3701.341, 3701.65, 3705.242, | 35403 |
| 3718.02, 3734.57, 3735.67, 3745.114, 3769.087, 3901.383, | 35404 |
| 3901.3814, 3905.43, 3917.04, 4109.01, 4109.02, 4109.06, 4117.01, | 35405 |
| 4123.444, 4301.01, 4303.17, 4303.181, 4303.182, 4303.29, 4731.22, | 35406 |
| 4731.281, 4781.04, 4905.79, 5101.93, 5111.011, 5111.0112, | 35407 |
| 5111.061, 5111.081, 5111.082, 5111.083, 5111.084, 5111.085, | 35408 |
| 5111.11, 5111.151, 5111.161, 5111.162, 5111.20, 5111.222, | 35409 |
| 5111.231, 5111.244, 5111.27, 5111.31, 5111.88, 5111.882, 5111.889, | 35410 |
| 5111.8811, 5111.8812, 5112.08, 5112.18, 5112.31, 5115.04, 5119.16, | 35411 |
| 5123.0413, 5123.196, 5123.36, 5139.50, 5505.27, 5531.10, 5577.99, | 35412 |
| 5703.21, 5703.57, 5705.03, 5705.091, 5705.19, 5705.195, 5705.34, | 35413 |
| 5709.08, 5709.081, 5709.40, 5709.42, 5709.43, 5709.73, 5709.74, | 35414 |
| 5709.75, 5709.78, 5709.79, 5709.80, 5711.01, 5725.221, 5727.06, | 35415 |
| 5727.85, 5729.05, 5733.01, 5733.352, 5733.56, 5733.98, 5735.27, | 35416 |
| 5739.011, 5739.026, 5739.211, 5741.031, 5743.025, 5743.03, | 35417 |
| 5743.04, 5743.05, 5743.08, 5743.081, 5743.12, 5743.13, 5743.15, | 35418 |
| 5743.18, 5743.33, 5743.34, 5743.35, 5745.01, 5747.01, 5747.012, | 35419 |
| 5747.05, 5747.056, 5747.11, 5747.331, 5748.01, 5748.02, 5751.01, | 35420 |
| 5751.011, 5751.032, 5751.04, 5751.05, 5751.051, 5751.10, 5751.20, | 35421 |
| 5751.21, 5751.22, 5751.53, 5923.05, and 6121.02 of the Revised | 35422 |
| Code are hereby repealed. | 35423 |
| Section 105.01. That sections 124.822, 124.92, 3325.12, | 35424 |
| 3325.17, 3365.11, 4732.04, and 5111.18 of the Revised Code are | 35425 |
| hereby repealed. | 35426 |
| Section 203.10. All items set forth in Sections 203.20 and | 35427 |
| 203.30 of this act are hereby appropriated out of any moneys in | 35428 |
| the General Revenue Fund (GRF) that are not otherwise | 35429 |
| appropriated: | 35430 |
| Reappropriations |
| Section 203.20. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES | 35431 |
| CAP-786 | Rural Areas Community Improvements | $ | 45,000 | 35432 | |||
| CAP-817 | Urban Areas Community Improvements | $ | 918,900 | 35433 | |||
| Total Department of Administrative Services | $ | 963,900 | 35434 | ||||
| RURAL AREAS COMMUNITY IMPROVEMENTS | 35435 |
| From the foregoing appropriation item CAP-786, Rural Areas | 35436 |
| Community Improvements, grants shall be made for the following | 35437 |
| projects: $20,000 for the Red Mill Creek Water Retention Basin | 35438 |
| and $25,000 for the Lawrence County Water Projects. | 35439 |
| URBAN AREAS COMMUNITY IMPROVEMENTS | 35440 |
| From the foregoing appropriation item CAP-817, Urban Areas | 35441 |
| Community Improvements, grants shall be made for the following | 35442 |
| projects: $50,000 for the Brown Senior Center Renovations; | 35443 |
| $100,000 for Project AHEAD Facility Improvements; $75,000 for the | 35444 |
| J. Frank-Troy Senior Citizens Center; $50,000 for the Beech Acres | 35445 |
| Family Center; $23,900 for the Canton Jewish Women's Center; | 35446 |
| $450,000 for the Gateway Social Services Building; $50,000 for the | 35447 |
| Loew Field Improvements; $20,000 for the Harvard Community | 35448 |
| Services Center Renovation & Expansion; $20,000 for the Collinwood | 35449 |
| Community Service Center Repair & Renovation; and $80,000 for | 35450 |
| Bowman Park - City of Toledo. | 35451 |
| Reappropriations |
| Section 203.30. DNR DEPARTMENT OF NATURAL RESOURCES | 35452 |
| CAP-823 | Cost Sharing-Pollution Abatement | $ | 22,538 | 35453 | |||
| CAP-942 | Local Parks Projects | $ | 80,225 | 35454 | |||
| CAP-999 | Geographic Information Management System | $ | 1,085 | 35455 | |||
| Total Department of Natural Resources | $ | 103,847 | 35456 | ||||
| TOTAL GRF General Revenue Fund | $ | 1,067,747 | 35457 | ||||
| LOCAL PARKS PROJECTS | 35458 |
| From the foregoing appropriation item CAP-942, Local Parks | 35459 |
| Projects, $75,000 shall be granted for the Liberty Township | 35460 |
| Playground. | 35461 |
| Section 203.40. No expenditures shall be made from any of | 35462 |
| the items appropriated from the General Revenue Fund in Sections | 35463 |
| 203.20 and 203.30 of this act until the funds are released by the | 35464 |
| Controlling Board. | 35465 |
| Section 205.10. All items set forth in this section are | 35466 |
| hereby appropriated out of any moneys in the state treasury to the | 35467 |
| credit of the Wildlife Fund (Fund 015) that are not otherwise | 35468 |
| appropriated: | 35469 |
| Reappropriations |
| 35470 |
| CAP-117 | Cooper Hollow Wildlife Area | $ | 4,815 | 35471 | |||
| CAP-161 | Tranquility Wildlife Area | $ | 1,286 | 35472 | |||
| CAP-216 | Killbuck Creek Wildlife Area | $ | 550 | 35473 | |||
| CAP-387 | Access Development | $ | 2,459,274 | 35474 | |||
| CAP-702 | Upgrade Underground Fuel Tanks | $ | 134,945 | 35475 | |||
| CAP-703 | Cap Abandoned Water Wells | $ | 57,125 | 35476 | |||
| CAP-754 | Tiffin River Wildlife Area | $ | 1,000 | 35477 | |||
| CAP-834 | Appraisal Fees - Statewide | $ | 52,445 | 35478 | |||
| CAP-852 | Wildlife Area Building Development/Renovation | $ | 3,376,004 | 35479 | |||
| CAP-881 | Dam Rehabilitation | $ | 500,000 | 35480 | |||
| CAP-995 | Boundary Protection | $ | 100,000 | 35481 | |||
| Total Department of Natural Resources | $ | 6,687,444 | 35482 | ||||
| TOTAL Wildlife Fund | $ | 6,687,444 | 35483 | ||||
| Section 207.10. The items set forth in this section are | 35485 |
| hereby appropriated out of any moneys in the state treasury to the | 35486 |
| credit of the Public School Building Fund (Fund 021) that are not | 35487 |
| otherwise appropriated: | 35488 |
| Reappropriations |
| 35489 |
| CAP-622 | Public School Buildings | $ | 30,219,647 | 35490 | |||
| CAP-778 | Exceptional Needs | $ | 1,440,286 | 35491 | |||
| CAP-783 | Emergency School Building Assistance | $ | 15,000,000 | 35492 | |||
| Total School Facilities Commission | $ | 46,659,933 | 35493 | ||||
| TOTAL Public School Building Fund | $ | 46,659,933 | 35494 | ||||
| Section 209.10. The items set forth in this section are | 35496 |
| hereby appropriated out of any moneys in the state treasury to the | 35497 |
| credit of the Highway Safety Fund (Fund 036) that are not | 35498 |
| otherwise appropriated: | 35499 |
| Reappropriations |
| 35500 |
| CAP-045 | Platform Scales Improvements | $ | 400,000 | 35501 | |||
| CAP-072 | Patrol Academy Infrastructure Improvements | $ | 750,000 | 35502 | |||
| CAP-077 | Van Wert Patrol Post | $ | 31,567 | 35503 | |||
| CAP-079 | Ironton Patrol Post | $ | 1,900,000 | 35504 | |||
| Total Department of Public Safety | $ | 3,081,567 | 35505 | ||||
| TOTAL Highway Safety Fund | $ | 3,081,567 | 35506 | ||||
| Section 211.10. All items set forth in this section are | 35508 |
| hereby appropriated out of any moneys in the state treasury to the | 35509 |
| credit of the Waterways Safety Fund (Fund 086) that are not | 35510 |
| otherwise appropriated: | 35511 |
| Reappropriations |
| 35512 |
| CAP-082 | Lake Loramie State Park | $ | 128,617 | 35513 | |||
| CAP-205 | Deer Creek State Park | $ | 360,000 | 35514 | |||
| CAP-324 | Cooperative Funding for Boating Facilities | $ | 10,934,559 | 35515 | |||
| CAP-390 | State Park Maintenance Facility Development | $ | 1,821,093 | 35516 | |||
| CAP-934 | Operations Facilities Development | $ | 1,141,508 | 35517 | |||
| Total Department of Natural Resources | $ | 14,385,777 | 35518 | ||||
| TOTAL Waterways Safety Fund | $ | 14,385,777 | 35519 | ||||
| Section 213.10. All items set forth in this section are | 35521 |
| hereby appropriated out of any moneys in the state treasury to the | 35522 |
| credit of the Underground Parking Garage Operating Fund (Fund 208) | 35523 |
| that are not otherwise appropriated: | 35524 |
| Reappropriations |
| 35525 |
| CAP-004 | Emergency Generator and Lighting System | $ | 200,000 | 35526 | |||
| CAP-008 | Install Garage Oil Interceptor System | $ | 60,000 | 35527 | |||
| CAP-009 | Garage Fire Suppression System | $ | 706,631 | 35528 | |||
| Total Capitol Square Review and Advisory Board | $ | 966,631 | 35529 | ||||
| TOTAL Underground Parking Garage Operating Fund | $ | 966,631 | 35530 | ||||
| UNDERGROUND PARKING GARAGE FIRE SUPPRESSION SYSTEM | 35531 |
| Appropriation item CAP-009, Garage Fire Suppression System, | 35532 |
| in the Underground Parking Garage Operating Fund (Fund 208), shall | 35533 |
| be used for completion of the second and final phase of a fire | 35534 |
| suppression system in the Statehouse garage. Notwithstanding any | 35535 |
| section of the Revised Code, any transfer or disbursement of | 35536 |
| moneys from appropriation item CAP-009, Garage Fire Suppression | 35537 |
| System, for this purpose shall be subject to Controlling Board | 35538 |
| approval. | 35539 |
| Section 215.10. The items set forth in this section are | 35540 |
| hereby appropriated out of any moneys in the state treasury to the | 35541 |
| credit of the Nursing Home - Federal Fund (Fund 319) that are not | 35542 |
| otherwise appropriated: | 35543 |
| Reappropriations |
| 35544 |
| 430-776 | Mechanical Systems Upgrade | $ | 1,560,000 | 35545 | |||
| 430-777 | Secrest Kitchen Improvements | $ | 260,000 | 35546 | |||
| 430-778 | Corridor Renovations | $ | 325,000 | 35547 | |||
| 430-781 | Secrest/Veterans' Hall Roof Replacement | $ | 552,500 | 35548 | |||
| Total Ohio Veterans' Home | $ | 2,697,500 | 35549 | ||||
| TOTAL Nursing Home - Federal Fund | $ | 2,697,500 | 35550 | ||||
| Section 217.10. All items set forth in this section are | 35552 |
| hereby appropriated out of any moneys in the state treasury to the | 35553 |
| credit of the Army National Guard Service Contract Fund (Fund 342) | 35554 |
| that are not otherwise appropriated: | 35555 |
| Reappropriations |
| 35556 |
| CAP-065 | Local Armory Construction/Federal | $ | 5,845,553 | 35557 | |||
| Total Adjutant General | $ | 5,845,553 | 35558 | ||||
| TOTAL Army National Guard Service Contract Fund | $ | 5,845,553 | 35559 | ||||
| Section 219.10. All items set forth in this section are | 35561 |
| hereby appropriated out of any moneys in the state treasury to the | 35562 |
| credit of the Special Administrative Fund (Fund 4A9) that are not | 35563 |
| otherwise appropriated: | 35564 |
| Reappropriations |
| 35565 |
| CAP-027 | Various Renovations - Local Offices | $ | 2,076,956 | 35566 | |||
| CAP-702 | Central Office Building Renovations | $ | 16,000,000 | 35567 | |||
| Total Department of Job and Family Services | $ | 18,076,956 | 35568 | ||||
| TOTAL Special Administrative Fund | $ | 18,076,956 | 35569 | ||||
| CENTRAL OFFICE BUILDING RENOVATIONS SPENDING AND REPAYMENT | 35570 |
| PLAN | 35571 |
| Funds appropriated in the foregoing appropriation item | 35572 |
| CAP-702, Central Office Building Renovations, are to be released | 35573 |
| for expenditure only after approval of the Unemployment | 35574 |
| Compensation Advisory Council created under section 4141.08 of the | 35575 |
| Revised Code. The amount to be released shall be based on a | 35576 |
| spending plan, which may include a repayment schedule, approved by | 35577 |
| the Council. Once approval is received, the Director of Job and | 35578 |
| Family Services shall request the Director of Budget and | 35579 |
| Management or the Controlling Board to release the appropriation. | 35580 |
| Section 221.10. The items set forth in this section are | 35581 |
| hereby appropriated out of any moneys in the state treasury to the | 35582 |
| credit of the Community Match Armories Fund (Fund 5U8) that are | 35583 |
| not otherwise appropriated: | 35584 |
| Reappropriations |
| 35585 |
| CAP-066 | Armory Construction/Local | $ | 4,273,922 | 35586 | |||
| Total Adjutant General | $ | 4,273,922 | 35587 | ||||
| TOTAL Community Match Armories Fund | $ | 4,273,922 | 35588 | ||||
| Section 223.10. The items set forth in this section are | 35590 |
| hereby appropriated out of any moneys in the state treasury to the | 35591 |
| credit of the State Fire Marshal Fund (Fund 546) that are not | 35592 |
| otherwise appropriated: | 35593 |
| Reappropriations |
| 35594 |
| CAP-015 | Site Improvements | $ | 646 | 35595 | |||
| CAP-016 | MARCS Radio Communication | $ | 33,187 | 35596 | |||
| Total Department of Commerce | $ | 33,833 | 35597 | ||||
| TOTAL State Fire Marshal Fund | $ | 33,833 | 35598 | ||||
| Section 225.10. The items set forth in this section are | 35600 |
| hereby appropriated out of any moneys in the state treasury to the | 35601 |
| credit of the Veterans' Home Improvement Fund (Fund 604) that are | 35602 |
| not otherwise appropriated: | 35603 |
| Reappropriations |
| 35604 |
| CAP-776 | Mechanical Systems Upgrade | $ | 811,800 | 35605 | |||
| CAP-777 | Secrest Kitchen Improvements | $ | 95,318 | 35606 | |||
| CAP-778 | Corridor Renovations | $ | 120,344 | 35607 | |||
| CAP-779 | Service Building | $ | 33,410 | 35608 | |||
| CAP-781 | Secrest/Veterans' Hall Roof Replacement | $ | 293,378 | 35609 | |||
| CAP-782 | HVAC Controls Upgrade | $ | 135,000 | 35610 | |||
| CAP-783 | Resident Security Upgrade | $ | 50,000 | 35611 | |||
| CAP-784 | Multipurpose/Employee Locker Room | $ | 228,680 | 35612 | |||
| Total Ohio Veterans' Home | $ | 1,767,930 | 35613 | ||||
| TOTAL Veterans' Home Improvement Fund | $ | 1,767,930 | 35614 | ||||
| Section 227.10. All items set forth in this section are | 35616 |
| hereby appropriated out of any moneys in the state treasury to the | 35617 |
| credit of the Education Facilities Trust Fund (Fund N87) that are | 35618 |
| not otherwise appropriated: | 35619 |
| Reappropriations |
| 35620 |
| CAP-780 | Classroom Facilities Assistance Program | $ | 107,244,971 | 35621 | |||
| CAP-784 | Exceptional Needs Program | $ | 7,097,377 | 35622 | |||
| Total School Facilities Commission | $ | 114,342,348 | 35623 | ||||
| TOTAL Education Facilities Trust Fund | $ | 114,342,348 | 35624 | ||||
| Section 229.10. All items set forth in this section are | 35626 |
| hereby appropriated out of any moneys in the state treasury to the | 35627 |
| credit of the Clean Ohio Revitalization Fund (Fund 003) that are | 35628 |
| not otherwise appropriated: | 35629 |
| Reappropriations |
| 35630 |
| CAP-001 | Clean Ohio Revitalization | $ | 40,702,351 | 35631 | |||
| CAP-002 | Clean Ohio Assistance | $ | 13,208,076 | 35632 | |||
| Total Department of Development | $ | 53,910,427 | 35633 | ||||
| TOTAL Clean Ohio Revitalization Fund | $ | 53,910,427 | 35634 | ||||
| Section 231.10. All items set forth in this section are | 35636 |
| hereby appropriated out of any moneys in the state treasury to the | 35637 |
| credit of the Job Ready Site Development Fund (Fund 012) that are | 35638 |
| not otherwise appropriated: | 35639 |
| 35640 |
| Reappropriations |
| CAP-003 | Job Ready Site Development | $ | 30,000,000 | 35641 | |||
| Total Department of Development | $ | 30,000,000 | 35642 | ||||
| TOTAL Job Ready Site Development Fund | $ | 30,000,000 | 35643 | ||||
| Section 233.10. All items set forth in this section are | 35645 |
| hereby appropriated out of any moneys in the state treasury to the | 35646 |
| credit of the Highway Safety Building Fund (Fund 025) that are not | 35647 |
| otherwise appropriated: | 35648 |
| Reappropriations |
| 35649 |
| CAP-047 | Public Safety Office Building | $ | 2,710,400 | 35650 | |||
| CAP-068 | Alum Creek Warehouse Renovations | $ | 84,207 | 35651 | |||
| CAP-069 | Centre School Renovations | $ | 20,219 | 35652 | |||
| CAP-070 | Canton One Stop Shop | $ | 731,000 | 35653 | |||
| CAP-076 | Investigative Unit MARCS Equipment | $ | 15,877 | 35654 | |||
| Total Department of Public Safety | $ | 3,561,703 | 35655 | ||||
| TOTAL Highway Safety Building Fund | $ | 3,561,703 | 35656 | ||||
| Section 235.10. All items set forth in Sections 235.20 to | 35658 |
| 236.20 of this act are hereby appropriated out of any moneys in | 35659 |
| the state treasury to the credit of the Administrative Building | 35660 |
| Fund (Fund 026) that are not otherwise appropriated: | 35661 |
| Reappropriations |
| Section 235.20. ADJ ADJUTANT GENERAL | 35662 |
| CAP-032 | Upgrade Underground Storage Tanks | $ | 46,078 | 35663 | |||
| CAP-034 | Asbestos Abatement - Various Facilities | $ | 6,392 | 35664 | |||
| CAP-036 | Roof Replacement - Various Facilities | $ | 337,408 | 35665 | |||
| CAP-038 | Electrical System - Various Facilities | $ | 164,912 | 35666 | |||
| CAP-039 | Camp Perry Facility Improvements | $ | 235,272 | 35667 | |||
| CAP-044 | Replace Windows/Doors - Various Facilities | $ | 257,459 | 35668 | |||
| CAP-045 | Plumbing Renovations - Various Facilities | $ | 283,022 | 35669 | |||
| CAP-046 | Paving Renovations - Various Facilities | $ | 788,000 | 35670 | |||
| CAP-050 | HVAC Systems - Various Facilities | $ | 193,552 | 35671 | |||
| CAP-054 | Construct Camp Perry Administration Building | $ | 6,540 | 35672 | |||
| CAP-056 | Masonry Renovations - Various Facilities | $ | 181,096 | 35673 | |||
| CAP-057 | Sewer Improvement - Rickenbacker | $ | 1,300 | 35674 | |||
| CAP-059 | Construct Bowling Green Armory | $ | 14,151 | 35675 | |||
| CAP-060 | Facility Protection Measures | $ | 463,246 | 35676 | |||
| CAP-061 | Repair/Renovate Waste Water System | $ | 200,000 | 35677 | |||
| CAP-068 | Norwalk Armory Storage Facility | $ | 15,000 | 35678 | |||
| CAP-069 | Construct Marysville Armory/Community Center | $ | 2,883,475 | 35679 | |||
| Total Adjutant General | $ | 6,076,903 | 35680 | ||||
| NEW ARMORY CONSTRUCTION | 35681 |
| The foregoing appropriation item CAP-059, Construct Bowling | 35682 |
| Green Armory, shall be used to fund the state's share of the cost | 35683 |
| of building a basic armory in the Bowling Green area, including | 35684 |
| the cost of site acquisition, site preparation, and planning and | 35685 |
| design. Appropriations shall not be released for this item without | 35686 |
| a certification by the Adjutant General to the Director of Budget | 35687 |
| and Management that sufficient moneys have been allocated for the | 35688 |
| federal share of the cost of construction. | 35689 |
| The amount reappropriated for appropriation item CAP-059, | 35690 |
| Construct Bowling Green Armory, is the unencumbered and unallotted | 35691 |
| balance as of June 30, 2006, in appropriation item CAP-059, | 35692 |
| Construct Bowling Green Armory, plus $14,151. | 35693 |
| Reappropriations |
| Section 235.30. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES | 35694 |
| CAP-809 | Hazardous Substance Abatement | $ | 1,609,476 | 35695 | |||
| CAP-811 | Health/EPA Laboratory Facilities | $ | 1,116,354 | 35696 | |||
| CAP-822 | Americans with Disabilities Act | $ | 1,598,416 | 35697 | |||
| CAP-826 | Office Services Building Renovation | $ | 86,483 | 35698 | |||
| CAP-827 | Statewide Communications System | $ | 16,943,803 | 35699 | |||
| CAP-834 | Capital Project Management System | $ | 1,157,600 | 35700 | |||
| CAP-835 | Energy Conservation Projects | $ | 890,085 | 35701 | |||
| CAP-837 | Major Computer Purchases | $ | 1,476,068 | 35702 | |||
| CAP-838 | SOCC Renovations | $ | 1,399,122 | 35703 | |||
| CAP-844 | Hamilton State/Local Government Center - Planning | $ | 57,500 | 35704 | |||
| CAP-849 | Facility Planning and Development | $ | 3,492,200 | 35705 | |||
| CAP-850 | Education Building Renovations | $ | 14,649 | 35706 | |||
| CAP-852 | North High Building Complex Renovations | $ | 11,534,496 | 35707 | |||
| CAP-855 | Office Space Planning | $ | 5,274,502 | 35708 | |||
| CAP-856 | Governor's Residence Security Update | $ | 6,433 | 35709 | |||
| CAP-859 | eSecure Ohio | $ | 2,626,921 | 35710 | |||
| CAP-860 | Structured Cabling | $ | 403,518 | 35711 | |||
| CAP-864 | eGovernment Infrastructure | $ | 1,297,400 | 35712 | |||
| CAP-865 | DAS Building Security | $ | 140,852 | 35713 | |||
| CAP-866 | OH*1 Network | $ | 4,000,000 | 35714 | |||
| CAP-867 | Lausche Building Connector | $ | 1,307,200 | 35715 | |||
| CAP-868 | Riversouth Development | $ | 18,500,000 | 35716 | |||
| Total Department of Administrative Services | $ | 74,933,078 | 35717 | ||||
| HAZARDOUS SUBSTANCE ABATEMENT IN STATE FACILITIES | 35718 |
| The foregoing appropriation item CAP-809, Hazardous Substance | 35719 |
| Abatement, shall be used to fund the removal of asbestos, PCB, | 35720 |
| radon gas, and other contamination hazards from state facilities. | 35721 |
| Prior to the release of funds for asbestos abatement, the | 35722 |
| Department of Administrative Services shall review proposals from | 35723 |
| state agencies to use these funds for asbestos abatement projects | 35724 |
| based on criteria developed by the Department of Administrative | 35725 |
| Services. Upon a determination by the Department of Administrative | 35726 |
| Services that the requesting agency cannot fund the asbestos | 35727 |
| abatement project or other toxic materials removal through | 35728 |
| existing capital and operating appropriations, the Department may | 35729 |
| request the release of funds for such projects by the Controlling | 35730 |
| Board. State agencies intending to fund asbestos abatement or | 35731 |
| other toxic materials removal through existing capital and | 35732 |
| operating appropriations shall notify the Director of | 35733 |
| Administrative Services of the nature and scope prior to | 35734 |
| commencing the project. | 35735 |
| Only agencies that have received appropriations for capital | 35736 |
| projects from the Administrative Building Fund (Fund 026) are | 35737 |
| eligible to receive funding from this item. Public school | 35738 |
| districts are not eligible. | 35739 |
| IMPLEMENTATION OF AMERICANS WITH DISABILITIES ACT | 35740 |
| The foregoing appropriation item CAP-822, Americans with | 35741 |
| Disabilities Act, shall be used to renovate state-owned facilities | 35742 |
| to provide access for physically disabled persons in accordance | 35743 |
| with Title II of the Americans with Disabilities Act. | 35744 |
| Prior to the release of funds for renovation, state agencies | 35745 |
| shall perform self-evaluations of state-owned facilities | 35746 |
| identifying barriers to access to service. State agencies shall | 35747 |
| prioritize access barriers and develop a transition plan for the | 35748 |
| removal of these barriers. The Department of Administrative | 35749 |
| Services shall review proposals from state agencies to use these | 35750 |
| funds for Americans with Disabilities Act renovations. | 35751 |
| Only agencies that have received appropriations for capital | 35752 |
| projects from the Administrative Building Fund (Fund 026) are | 35753 |
| eligible to receive funding from this item. Public school | 35754 |
| districts are not eligible. | 35755 |
| MARCS STEERING COMMITTEE AND STATEWIDE COMMUNICATIONS SYSTEM | 35756 |
| There is hereby continued a Multi-Agency Radio Communications | 35757 |
| System (MARCS) Steering Committee consisting of the designees of | 35758 |
| the Directors of the Office of Information Technology, Public | 35759 |
| Safety, Natural Resources, Transportation, Rehabilitation and | 35760 |
| Correction, and Budget and Management. The Director of the Office | 35761 |
| of Information Technology or the Director's designee shall chair | 35762 |
| the Committee. The Committee shall provide assistance to the | 35763 |
| Director of the Office of Information Technology for effective and | 35764 |
| efficient implementation of the MARCS system as well as develop | 35765 |
| policies for the ongoing management of the system. Upon dates | 35766 |
| prescribed by the Directors of the Office of Information | 35767 |
| Technology and Budget and Management, the MARCS Steering Committee | 35768 |
| shall report to the Directors on the progress of MARCS | 35769 |
| implementation and the development of policies related to the | 35770 |
| system. | 35771 |
| The foregoing appropriation item CAP-827, Statewide | 35772 |
| Communications System, shall be used to purchase or construct the | 35773 |
| components of MARCS that are not specific to any one agency. The | 35774 |
| equipment may include, but is not limited to, multi-agency | 35775 |
| equipment at the Emergency Operations Center/Joint Dispatch | 35776 |
| Facility, computer and telecommunication equipment used for the | 35777 |
| functioning and integration of the system, communications towers, | 35778 |
| tower sites, tower equipment, and linkages among towers and | 35779 |
| between towers and the State of Ohio Network for Integrated | 35780 |
| Communication (SONIC) system. The Director of the Office of | 35781 |
| Information Technology shall, with the concurrence of the MARCS | 35782 |
| Steering Committee, determine the specific use of funds. | 35783 |
| The amount reappropriated for the foregoing appropriation | 35784 |
| item CAP-827, Statewide Communications System, is the unencumbered | 35785 |
| and unallotted balance as of June 30, 2006, in appropriation item | 35786 |
| CAP-827, Statewide Communications System, plus $623,665.11. | 35787 |
| Spending from this appropriation item shall not be subject to | 35788 |
| Chapters 123. and 153. of the Revised Code. | 35789 |
| ENERGY CONSERVATION PROJECTS | 35790 |
| The foregoing appropriation item CAP-835, Energy Conservation | 35791 |
| Projects, shall be used to perform energy conservation | 35792 |
| renovations, including the United States Environmental Protection | 35793 |
| Agency's Energy Star Program, in state-owned facilities. Prior to | 35794 |
| the release of funds for renovation, state agencies shall have | 35795 |
| performed a comprehensive energy audit for each project. The | 35796 |
| Department of Administrative Services shall review and approve | 35797 |
| proposals from state agencies to use these funds for energy | 35798 |
| conservation. Public school districts and state-supported and | 35799 |
| state-assisted institutions of higher education are not eligible | 35800 |
| for funding from this item. | 35801 |
| NORTH HIGH BUILDING COMPLEX RENOVATIONS | 35802 |
| The amount reappropriated for the foregoing appropriation | 35803 |
| item CAP-852, North High Building Complex Renovations, is the | 35804 |
| unencumbered and unallotted balance as of June 30, 2006, in | 35805 |
| appropriation item CAP-852, North High Building Complex | 35806 |
| Renovations, plus the sum of the unencumbered and unallotted | 35807 |
| balance for appropriation item CAP-813, Heer Building Renovation | 35808 |
| as of June 30, 2006. | 35809 |
| Reappropriations |
| Section 235.40. AGR DEPARTMENT OF AGRICULTURE | 35810 |
| CAP-025 | Building Renovations | $ | 5,020 | 35811 | |||
| CAP-029 | Administration Building Renovation | $ | 541 | 35812 | |||
| CAP-033 | Site Electrical/Utility Improvement | $ | 15,420 | 35813 | |||
| CAP-037 | Consumer Lab/Weights/Measures Equip | $ | 6,428 | 35814 | |||
| CAP-039 | Renovate Weights/Measures Building | $ | 307,655 | 35815 | |||
| CAP-042 | Reynoldsburg Complex Security | $ | 110,000 | 35816 | |||
| CAP-043 | Building and Grounds Renovation | $ | 501,863 | 35817 | |||
| CAP-044 | Renovate Building 4 | $ | 59,832 | 35818 | |||
| CAP-049 | Consumer Analytical Laboratory | $ | 110,000 | 35819 | |||
| CAP-050 | Plant Industries Building Planning | $ | 650,000 | 35820 | |||
| Total Department of Agriculture | $ | 1,766,759 | 35821 | ||||
| Reappropriations |
| Section 235.50. AGO ATTORNEY GENERAL | 35823 |
| CAP-715 | Expand/Renovate Richfield Lab | $ | 51,942 | 35824 | |||
| Total Attorney General | $ | 51,942 | 35825 | ||||
| EXPAND/RENOVATE RICHFIELD LAB | 35826 |
| The amount reappropriated for appropriation item CAP-715, | 35827 |
| Expand/Renovate Richfield Lab, is the unencumbered and unallotted | 35828 |
| balance as of June 30, 2006, in appropriation item CAP-715, | 35829 |
| Expand/Renovate Richfield Lab, plus $39,403. | 35830 |
| Reappropriations |
| Section 235.60. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD | 35831 |
| CAP-010 | Capitol Rotunda Renovations | $ | 1,607,515 | 35832 | |||
| CAP-015 | Sound System Upgrades | $ | 136,118 | 35833 | |||
| Total Capitol Square Review and Advisory Board | $ | 1,743,633 | 35834 | ||||
| Reappropriations |
| Section 235.70. EXP EXPOSITIONS COMMISSION | 35836 |
| CAP-037 | Electric and Lighting Upgrade | $ | 2,400,000 | 35837 | |||
| CAP-046 | Land Acquisition | $ | 5,240 | 35838 | |||
| CAP-056 | Building Renovations - 2 | $ | 1,609,813 | 35839 | |||
| CAP-057 | HVAC Planning | $ | 2,001 | 35840 | |||
| CAP-063 | Facility Improvements and Modernization Plan | $ | 131,771 | 35841 | |||
| CAP-064 | Replacement of Water Lines | $ | 16,209 | 35842 | |||
| CAP-068 | Masonry Renovations | $ | 59,824 | 35843 | |||
| CAP-069 | Restroom Renovations | $ | 9,559 | 35844 | |||
| CAP-072 | Emergency Renovations and Equipment Replacement | $ | 783,523 | 35845 | |||
| Total Expositions Commission | $ | 5,017,940 | 35846 | ||||
| FACILITY IMPROVEMENTS AND MODERNIZATION PLAN | 35847 |
| The amount reappropriated for the foregoing appropriation | 35848 |
| item CAP-063, Facility Improvements and Modernization Plan, is the | 35849 |
| unencumbered and unallotted balance as of June 30, 2006, in | 35850 |
| appropriation item CAP-063, Facility Improvements and | 35851 |
| Modernization Plan, plus $131,771. | 35852 |
| Reappropriations |
| Section 235.80. DNR DEPARTMENT OF NATURAL RESOURCES | 35853 |
| CAP-741 | High Band Radio System | $ | 107,336 | 35854 | |||
| CAP-742 | Fountain Square Building and Telephone System Improvements | $ | 1,403,088 | 35855 | |||
| CAP-744 | Multi-Agency Radio Communications Equipment | $ | 2,412,559 | 35856 | |||
| CAP-747 | DNR Fairgrounds Areas Upgrading | $ | 500,000 | 35857 | |||
| CAP-867 | Reclamation Facility Renovation and Development | $ | 225,000 | 35858 | |||
| CAP-928 | Handicapped Accessibility | $ | 39,654 | 35859 | |||
| CAP-934 | District Office Renovations and Development | $ | 761,147 | 35860 | |||
| Total Department of Natural Resources | $ | 5,448,784 | 35861 | ||||
| Reappropriations |
| Section 235.90. DHS DEPARTMENT OF PUBLIC SAFETY | 35863 |
| CAP-053 | Construct EMA/EOC and Office Building | $ | 6,605 | 35864 | |||
| CAP-054 | Multi-Agency Radio Communications System | $ | 587,511 | 35865 | |||
| CAP-067 | VHF Radio System Improvements | $ | 224,464 | 35866 | |||
| CAP-078 | Upgrade/Replacement - State EOC Equipment | $ | 950,762 | 35867 | |||
| CAP-081 | National Weather Radio Coverage | $ | 162,900 | 35868 | |||
| Total Department of Public Safety | $ | 1,932,242 | 35869 | ||||
| Reappropriations |
| Section 236.10. OSB SCHOOL FOR THE BLIND | 35871 |
| CAP-728 | New School Lighting | $ | 184,500 | 35872 | |||
| CAP-745 | Roof Improvements on the School and Cottage | $ | 164,186 | 35873 | |||
| CAP-751 | Upgrade Fire Alarm System | $ | 73,192 | 35874 | |||
| CAP-757 | Bathroom Handicapped Accessibility | $ | 20,956 | 35875 | |||
| CAP-764 | Electric System Improvements | $ | 29,774 | 35876 | |||
| CAP-772 | Boiler Replacement | $ | 233,240 | 35877 | |||
| CAP-774 | Glass Windows/East Wall of Natatorium | $ | 63,726 | 35878 | |||
| CAP-775 | Renovation of Science Lab Greenhouse | $ | 58,850 | 35879 | |||
| CAP-776 | Renovating Recreation Area | $ | 213,900 | 35880 | |||
| CAP-777 | New Classrooms/Secondary MH Program | $ | 880,407 | 35881 | |||
| CAP-778 | Renovation of Student Health Service Area | $ | 144,375 | 35882 | |||
| CAP-779 | Replacement of Cottage Windows | $ | 208,725 | 35883 | |||
| CAP-780 | Residential Renovations | $ | 7,043 | 35884 | |||
| CAP-781 | Food Prep Area/Air Conditioning | $ | 67,250 | 35885 | |||
| Total Ohio School for the Blind | $ | 2,350,124 | 35886 | ||||
| Reappropriations |
| Section 236.20. OSD SCHOOL FOR THE DEAF | 35888 |
| CAP-776 | Dormitory Renovations | $ | 2,833 | 35889 | |||
| CAP-777 | Boilers, Blowers, Central School Complex | $ | 748,144 | 35890 | |||
| CAP-778 | Central Warehouse | $ | 676,624 | 35891 | |||
| CAP-779 | Storage Barn | $ | 330,850 | 35892 | |||
| Total Ohio School for the Deaf | $ | 1,758,451 | 35893 | ||||
| Total Administrative Building Fund | $ | 101,079,856 | 35894 | ||||
| Section 239.10. All items set forth in this section are | 35896 |
| hereby appropriated out of any moneys in the state treasury to the | 35897 |
| credit of the Adult Correctional Building Fund (Fund 027) that are | 35898 |
| not otherwise appropriated: | 35899 |
| Reappropriations |
| 35900 |
| 35901 |
| CAP-002 | Local Jails | $ | 1,852,736 | 35902 | |||
| CAP-003 | Community-Based Correctional Facilities | $ | 10,119,077 | 35903 | |||
| CAP-004 | Site Renovations | $ | 618,891 | 35904 | |||
| CAP-007 | Asbestos Removal | $ | 380,624 | 35905 | |||
| CAP-008 | Powerhouse/Utility Improvements | $ | 2,507,048 | 35906 | |||
| CAP-009 | Water System/Plant Improvements | $ | 4,613,277 | 35907 | |||
| CAP-010 | Industrial Equipment - Statewide | $ | 373,291 | 35908 | |||
| CAP-011 | Roof/Window Renovations - Statewide | $ | 601,320 | 35909 | |||
| CAP-012 | Shower/Restroom Improvements | $ | 1,142,680 | 35910 | |||
| CAP-017 | Security Improvements - Statewide | $ | 7,583,533 | 35911 | |||
| CAP-026 | Waste Water Treatment Facilities | $ | 41,087 | 35912 | |||
| CAP-041 | Community Residential Program | $ | 5,566,687 | 35913 | |||
| CAP-109 | Statewide Fire Alarm Systems | $ | 69,080 | 35914 | |||
| CAP-111 | General Building Renovations | $ | 33,465,948 | 35915 | |||
| CAP-129 | Water Treatment Plants - Statewide | $ | 651,500 | 35916 | |||
| CAP-141 | Multi-Agency Radio System Equipment | $ | 835,604 | 35917 | |||
| CAP-142 | Various Medical Services | $ | 755,818 | 35918 | |||
| CAP-143 | Perimeter, Lighting, Alarm, Sallyports | $ | 659,236 | 35919 | |||
| CAP-186 | Close Custody Prison and Camp | $ | 5,000,000 | 35920 | |||
| CAP-187 | Mandown Alert Communication System - Statewide | $ | 3,172,907 | 35921 | |||
| CAP-188 | Manufacturing/Storage Building Additions - Statewide | $ | 159,300 | 35922 | |||
| CAP-189 | Tuck-pointing - Statewide | $ | 27,754 | 35923 | |||
| CAP-238 | Electrical Systems Upgrades | $ | 175,025 | 35924 | |||
| CAP-239 | Emergency Projects | $ | 1,532,617 | 35925 | |||
| CAP-240 | State Match for Federal Prison Construction Funds | $ | 1,625,319 | 35926 | |||
| CAP-302 | OPI Shops Renovation - Statewide | $ | 75,000 | 35927 | |||
| Total Statewide and Central Office Projects | $ | 83,605,359 | 35928 | ||||
| 35929 |
| CAP-358 | Soft Start Capacitors | $ | 28,928 | 35930 | |||
| Total Belmont Correctional Institution | $ | 28,928 | 35931 | ||||
| 35932 |
| CAP-177 | Convert Warehouse to Dormitory | $ | 596 | 35933 | |||
| CAP-190 | Utility Improvements | $ | 117,500 | 35934 | |||
| CAP-258 | Sewer Upgrades | $ | 267,092 | 35935 | |||
| Total Chillicothe Correctional Institution | $ | 385,188 | 35936 | ||||
| 35937 |
| CAP-333 | HVAC Upgrade - CRC | $ | 1,500 | 35938 | |||
| CAP-334 | Roof Renovation - CRC | $ | 705 | 35939 | |||
| Total Correctional Reception Center | $ | 2,205 | 35940 | ||||
| 35941 |
| CAP-362 | Parking Lot Improvements | $ | 80,895 | 35942 | |||
| Total Corrections Medical Center | $ | 80,895 | 35943 | ||||
| 35944 |
| CAP-342 | Asbestos Abatement/HVAC Upgrade - CTA | $ | 913,710 | 35945 | |||
| Total Corrections Training Academy | $ | 913,710 | 35946 | ||||
| 35947 |
| CAP-195 | Hot Water System Improvements - DCI | $ | 400,000 | 35948 | |||
| CAP-242 | Shower Renovations - DCI | $ | 58,929 | 35949 | |||
| CAP-352 | Site Drainage Improvement | $ | 3,500 | 35950 | |||
| Total Dayton Correctional Institution | $ | 462,429 | 35951 | ||||
| 35952 |
| CAP-316 | Roof Renovation - FPRC | $ | 1,200 | 35953 | |||
| Total Franklin Pre-Release Center | $ | 1,200 | 35954 | ||||
| 35955 |
| CAP-339 | Residential Treatment Unit - ADD - GCI | $ | 1,500 | 35956 | |||
| CAP-359 | Roof Replacement - GCI | $ | 918,916 | 35957 | |||
| Total Grafton Correctional Institution | $ | 920,416 | 35958 | ||||
| 35959 |
| CAP-118 | Water Tower Renovations | $ | 1,174 | 35960 | |||
| CAP-119 | Masonry Improvements - LECI | $ | 3,063 | 35961 | |||
| CAP-198 | Water Treatment Plant - LECI | $ | 1,269,008 | 35962 | |||
| CAP-285 | Bar Screen Replacement | $ | 1,203 | 35963 | |||
| CAP-332 | Electric Distribution and Transformer | $ | 101,000 | 35964 | |||
| CAP-361 | Dietary Floor Renovation | $ | 18,040 | 35965 | |||
| Total Lebanon Correctional Institution | $ | 1,393,488 | 35966 | ||||
| 35967 |
| CAP-245 | Bridge Replacement - LOCI | $ | 2,865 | 35968 | |||
| CAP-261 | Roof Replacement | $ | 1,028 | 35969 | |||
| CAP-308 | Electric Upgrades - LOCI | $ | 250,000 | 35970 | |||
| Total London Correctional Institution | $ | 253,893 | 35971 | ||||
| 35972 |
| CAP-303 | Auger Replacement - LLORCL | $ | 500 | 35973 | |||
| CAP-348 | Door and Lock Replacement - LRCI | $ | 1,500 | 35974 | |||
| CAP-353 | Roof Renovations - LRCI | $ | 15,000 | 35975 | |||
| Total Lorain Correctional Institution | $ | 17,000 | 35976 | ||||
| 35977 |
| CAP-288 | Water Softener System - Madison | $ | 1,500 | 35978 | |||
| Total Madison Correctional Institution | $ | 1,500 | 35979 | ||||
| 35980 |
| CAP-305 | Site Improvements - MNCI | $ | 314,375 | 35981 | |||
| CAP-307 | Network Wiring - MNCI | $ | 155,073 | 35982 | |||
| CAP-356 | Security Fence Upgrade - MNCI | $ | 456,537 | 35983 | |||
| Total Mansfield Correctional Institution | $ | 925,985 | 35984 | ||||
| 35985 |
| CAP-208 | Hot Water Tank Replacement | $ | 151,750 | 35986 | |||
| CAP-246 | Exterior Window Replacement - MCI | $ | 1,075 | 35987 | |||
| CAP-329 | Concrete Floor Replacement - MCI | $ | 866 | 35988 | |||
| Total Marion Correctional Institution | $ | 153,691 | 35989 | ||||
| 35990 |
| CAP-165 | Master Plan Building/Renovations - ORW | $ | 59,585 | 35991 | |||
| CAP-210 | Replacement Dormitory - ORW | $ | 772,090 | 35992 | |||
| CAP-212 | Powerhouse Renovation & Replumbing | $ | 1,250,000 | 35993 | |||
| CAP-267 | Renovate ARN Dorms | $ | 761 | 35994 | |||
| CAP-326 | Control Center Expansion - ORW | $ | 1,500 | 35995 | |||
| CAP-327 | Roof Replacement - ORW | $ | 168,852 | 35996 | |||
| Total Ohio Reformatory for Women | $ | 2,252,788 | 35997 | ||||
| 35998 |
| CAP-363 | Fence Security Systms - OSP | $ | 12,700 | 35999 | |||
| Total Ohio State Penitentiary | $ | 12,700 | 36000 | ||||
| 36001 |
| CAP-228 | Power House Improvements | $ | 1,000 | 36002 | |||
| CAP-274 | Replacement of Segregation Housing | $ | 4,806,750 | 36003 | |||
| CAP-312 | Waste Water Treatment Plant | $ | 6,767,175 | 36004 | |||
| CAP-357 | Emergency Generator Repair - PCI | $ | 1,080,993 | 36005 | |||
| Total Pickaway Correctional Institution | $ | 12,655,918 | 36006 | ||||
| 36007 |
| CAP-360 | Dormitory Exterior Stairs - RICI | $ | 271,278 | 36008 | |||
| Total Richland Correctional Institution | $ | 271,278 | 36009 | ||||
| 36010 |
| CAP-276 | Rubberized Roof Replacement | $ | 38,863 | 36011 | |||
| CAP-311 | Water Tower Renovation - RCI | $ | 1,600 | 36012 | |||
| CAP-331 | Security Upgrades and Improvements | $ | 76,600 | 36013 | |||
| Total Ross Correctional Institution | $ | 117,063 | 36014 | ||||
| 36015 |
| CAP-167 | Master Plan Building/Renovations - SCI | $ | 8,569 | 36016 | |||
| CAP-336 | Waste Water Treatment Plant Improvements - SCI | $ | 421,952 | 36017 | |||
| Total Southeastern Correctional Institution | $ | 430,521 | 36018 | ||||
| 36019 |
| CAP-279 | Powerhouse Domestic Hot Water Replacement | $ | 150,664 | 36020 | |||
| Total Southern Ohio Correctional Facility | $ | 150,664 | 36021 | ||||
| TOTAL Department of Rehabilitation and Correction | $ | 105,036,819 | 36022 | ||||
| TOTAL Adult Correctional Building Fund | $ | 105,036,819 | 36023 | ||||
| Section 239.20. LOCAL JAILS | 36025 |
| From the foregoing appropriation item, CAP-002, Local Jails, | 36026 |
| the Department of Rehabilitation and Correction shall designate | 36027 |
| the projects involving the construction and renovation of county, | 36028 |
| multicounty, municipal-county, and multicounty-municipal jail | 36029 |
| facilities and workhouses, including correctional centers | 36030 |
| authorized under sections 153.61 and 307.93 of the Revised Code, | 36031 |
| for which the Ohio Building Authority is authorized to issue | 36032 |
| obligations. Notwithstanding any provisions to the contrary in | 36033 |
| Chapter 152. or 153. of the Revised Code, the Department of | 36034 |
| Rehabilitation and Correction may coordinate, review, and monitor | 36035 |
| the drawdown and use of funds for the renovation or construction | 36036 |
| of projects for which designated funds are provided. | 36037 |
| The funding authorized under this section shall not be | 36038 |
| applied to any such facilities that are not designated by the | 36039 |
| Department of Rehabilitation and Correction. The amount of funding | 36040 |
| authorized under this section that may be applied to a project | 36041 |
| designated for initial funding after July 1, 2000, involving the | 36042 |
| construction or renovation of a county, multicounty, | 36043 |
| municipal-county, and multicounty-municipal jail facilities and | 36044 |
| workhouses, including correctional centers authorized under | 36045 |
| sections 153.61 and 307.93 of the Revised Code, shall not exceed | 36046 |
| $35,000 per bed of the total allowable cost of the project in the | 36047 |
| case of construction of county and municipal-county jail | 36048 |
| facilities, workhouses, and correctional centers, or multicounty | 36049 |
| or multicounty-municipal jail facilities, workhouses, and | 36050 |
| correctional centers and shall not exceed 30 per cent of the total | 36051 |
| allowable cost of the project in the case of renovation of county, | 36052 |
| multicounty, municipal-county, and multicounty-municipal jail | 36053 |
| facilities, workhouses, and correctional centers. If a political | 36054 |
| subdivision is in the planning phase of constructing a multicounty | 36055 |
| or multicounty-municipal jail facility, workhouse, or correctional | 36056 |
| center on or before the effective date of this section, the | 36057 |
| Department of Rehabilitation and Correction shall fund that | 36058 |
| facility at $42,000 per bed. Multicounty or multicounty-municipal | 36059 |
| jail facility construction projects initiated after the effective | 36060 |
| date of this section may be considered for, but are not entitled | 36061 |
| to be awarded, funding at $42,000 per bed. The higher per bed | 36062 |
| award is at the discretion of the Department of Rehabilitation and | 36063 |
| Correction and is contingent upon available funds, the impact of | 36064 |
| the project, and inclusion of at least three counties in the | 36065 |
| project. | 36066 |
| The cost-per-bed funding authorized under this section that | 36067 |
| may be applied to a construction project shall not exceed the | 36068 |
| actual cost-per-bed of the project. The 30 per cent funding | 36069 |
| authorized under this section that may be applied to a renovation | 36070 |
| project shall not exceed $35,000 per bed of the total allowable | 36071 |
| cost of the project. | 36072 |
| The funding authorized under this section shall not be | 36073 |
| applied to any project involving the construction of a county, | 36074 |
| multicounty, municipal-county, or multicounty-municipal jail | 36075 |
| facility or workhouse, including a correctional center established | 36076 |
| under sections 153.61 and 307.93 of the Revised Code, unless the | 36077 |
| facility, workhouse, or correctional center will be built in | 36078 |
| compliance with "The Minimum Standards for Jails in Ohio" and the | 36079 |
| plans have been approved under section 5120.10 of the Revised | 36080 |
| Code. In addition, the funding authorized under this section shall | 36081 |
| not be applied to any project involving the renovation of a | 36082 |
| county, multicounty, municipal-county, or multicounty-municipal | 36083 |
| jail facility or workhouse, including a correctional center | 36084 |
| established under sections 153.61 and 307.93 of the Revised Code, | 36085 |
| unless the renovation is for the purpose of bringing the facility, | 36086 |
| workhouse, or correctional center into compliance with "The | 36087 |
| Minimum Standards for Jails in Ohio" and the plans have been | 36088 |
| approved under section 5120.10 of the Revised Code. | 36089 |
| Section 239.30. COMMUNITY-BASED CORRECTIONAL FACILITIES | 36090 |
| The Department of Rehabilitation and Correction may designate | 36091 |
| to the Ohio Building Authority the sites of, and, notwithstanding | 36092 |
| any provisions to the contrary in Chapter 152. or 153. of the | 36093 |
| Revised Code, may review the renovation or construction of the | 36094 |
| single county and district community-based correctional facilities | 36095 |
| funded by the foregoing appropriation item CAP-003, | 36096 |
| Community-Based Correctional Facilities. | 36097 |
| Section 239.40. COMMUNITY RESIDENTIAL PROGRAM RENOVATIONS | 36098 |
| The foregoing appropriation item CAP-041, Community | 36099 |
| Residential Program, may be used by the Department of | 36100 |
| Rehabilitation and Correction, under sections 5120.103, 5120.104, | 36101 |
| and 5120.105 of the Revised Code, to provide for the construction | 36102 |
| or renovation of halfway house facilities for offenders eligible | 36103 |
| for community supervision by the Department of Rehabilitation and | 36104 |
| Correction. | 36105 |
| Section 241.10. All items set forth in this section are | 36106 |
| hereby appropriated out of any moneys in the state treasury to the | 36107 |
| credit of the Juvenile Correctional Building Fund (Fund 028) that | 36108 |
| are not otherwise appropriated: | 36109 |
| Reappropriations |
| 36110 |
| CAP-801 | Fire Suppression/Safety/Security | $ | 2,400,980 | 36111 | |||
| CAP-803 | General Institutional Renovations | $ | 5,638,025 | 36112 | |||
| CAP-812 | Community Rehabilitation Centers | $ | 151,991 | 36113 | |||
| CAP-821 | Construct Maximum Security Facility | $ | 134,795 | 36114 | |||
| CAP-823 | Cuyahoga Boys School Renovation and Expansion | $ | 42,198 | 36115 | |||
| CAP-828 | Multi-Agency Radio System Equipment | $ | 61,539 | 36116 | |||
| CAP-829 | Local Juvenile Detention Centers | $ | 692,623 | 36117 | |||
| CAP-831 | Gym Expansion - Cuyahoga Hills Boys School | $ | 145,546 | 36118 | |||
| CAP-833 | Security Renovations - Indian River | $ | 5,340 | 36119 | |||
| CAP-834 | Health and Safety Unit - Riverview | $ | 196,092 | 36120 | |||
| CAP-837 | Sanitary Safety/Renovations Indian River | $ | 1,400,756 | 36121 | |||
| CAP-838 | EDU and Programming Expansion - ORV | $ | 1,400,000 | 36122 | |||
| Total Department of Youth Services | $ | 12,269,885 | 36123 | ||||
| TOTAL Juvenile Correctional Building Fund | $ | 12,269,885 | 36124 | ||||
| Section 241.20. COMMUNITY REHABILITATION CENTERS | 36126 |
| From the foregoing appropriation item CAP-812, Community | 36127 |
| Rehabilitation Centers, the Department of Youth Services shall | 36128 |
| designate the projects involving the construction and renovation | 36129 |
| of single county and multicounty community corrections facilities | 36130 |
| for which the Ohio Building Authority is authorized to issue | 36131 |
| obligations. | 36132 |
| The Department of Youth Services is authorized to review and | 36133 |
| approve the renovation and construction of projects for which | 36134 |
| funds are provided. The proceeds of any obligations authorized | 36135 |
| under this section shall not be applied to any such facilities | 36136 |
| that are not designated and approved by the Department of Youth | 36137 |
| Services. | 36138 |
| The Department of Youth Services shall adopt guidelines to | 36139 |
| accept and review applications and designate projects. The | 36140 |
| guidelines shall require the county or counties to justify the | 36141 |
| need for the facility and to comply with timelines for the | 36142 |
| submission of documentation pertaining to the site, program, and | 36143 |
| construction. | 36144 |
| For purposes of this section, "community corrections | 36145 |
| facilities" has the same meaning as in section 5139.36 of the | 36146 |
| Revised Code. | 36147 |
| Section 241.30. LOCAL JUVENILE DETENTION CENTERS | 36148 |
| From the foregoing appropriation item CAP-829, Local Juvenile | 36149 |
| Detention Centers, the Department of Youth Services shall | 36150 |
| designate the projects involving the construction and renovation | 36151 |
| of county and multicounty juvenile detention centers for which the | 36152 |
| Ohio Building Authority is authorized to issue obligations. | 36153 |
| The Department of Youth Services is authorized to review and | 36154 |
| approve the renovation and construction of projects for which | 36155 |
| funds are provided. The proceeds of any obligations authorized | 36156 |
| under this section shall not be applied to any such facilities | 36157 |
| that are not designated by the Department of Youth Services. | 36158 |
| The Department of Youth Services shall comply with the | 36159 |
| guidelines set forth in this section, accept and review | 36160 |
| applications, designate projects, and determine the amount of | 36161 |
| state match funding to be applied to each project. The department | 36162 |
| shall, with the advice of the county or counties participating in | 36163 |
| a project, determine the funded design capacity of the detention | 36164 |
| centers that are designated to receive funding. Notwithstanding | 36165 |
| any provisions to the contrary contained in Chapter 152. or 153. | 36166 |
| of the Revised Code, the Department of Youth Services may | 36167 |
| coordinate, review, and monitor the drawdown and use of funds for | 36168 |
| the renovation and construction of projects for which designated | 36169 |
| funds are provided. | 36170 |
| (A) The Department of Youth Services shall develop a weighted | 36171 |
| numerical formula to determine the amount, if any, of state match | 36172 |
| that may be provided to a single or multicounty detention center | 36173 |
| project. The formula shall include the factors specified below in | 36174 |
| division (A)(1) of this section and may include the factors | 36175 |
| specified below in division (A)(2) of this section. The weight | 36176 |
| assigned to the factors specified in division (A)(1) of this | 36177 |
| section shall be not less than twice the weight assigned to | 36178 |
| factors specified in division (A)(2) of this section. | 36179 |
| (1)(a) The number of detention center beds needed in the | 36180 |
| county or group of counties, as estimated by the Department of | 36181 |
| Youth Services, is significantly more than the number of beds | 36182 |
| currently available; | 36183 |
| (b) Any existing detention center in the county or group of | 36184 |
| counties does not meet health, safety, or security standards for | 36185 |
| detention centers as established by the Department of Youth | 36186 |
| Services; | 36187 |
| (c) The Department of Youth Services projects that the county | 36188 |
| or group of counties have a need for a sufficient number of | 36189 |
| detention beds to make the project economically viable. | 36190 |
| (2)(a) The percentage of children in the county or group of | 36191 |
| counties living below the poverty level is above the state | 36192 |
| average; | 36193 |
| (b) The per capita income in the county or group of counties | 36194 |
| is below the state average. | 36195 |
| (B) The formula developed by the Department of Youth Services | 36196 |
| shall yield a percentage of state match ranging from 0 to 60 per | 36197 |
| cent based on the above factors. Notwithstanding the foregoing | 36198 |
| provisions, if a single county or multicounty system currently has | 36199 |
| no detention center beds, or if the projected need for detention | 36200 |
| center beds as estimated by the Department of Youth Services is | 36201 |
| greater than 120 per cent of current detention center bed | 36202 |
| capacity, then the percentage of state match shall be 60 per cent. | 36203 |
| To determine the dollar amount of the state match for new | 36204 |
| construction projects, the percentage of state match is multiplied | 36205 |
| by $125,000 per bed for detention centers with a designated | 36206 |
| capacity of 99 beds or less, and by $130,000 per bed for detention | 36207 |
| centers with a design capacity of 100 beds or more. To determine | 36208 |
| the dollar amount of the state match for renovation projects the | 36209 |
| percentage match shall be multiplied by the actual cost of the | 36210 |
| renovation, provided that the cost of the renovation does not | 36211 |
| exceed $100,000 per bed. The funding authorized under this section | 36212 |
| that may be applied to a construction or renovation project shall | 36213 |
| not exceed the actual cost of the project. | 36214 |
| The funding authorized under this section shall not be | 36215 |
| applied to any project unless the detention center will be built | 36216 |
| in compliance with health, safety, and security standards for | 36217 |
| detention centers as established by the Department of Youth | 36218 |
| Services. In addition, the funding authorized under this section | 36219 |
| shall not be applied to the renovation of a detention center | 36220 |
| unless the renovation is for the purpose of increasing the number | 36221 |
| of beds in the center, or to meet health, safety, or security | 36222 |
| standards for detention centers as established by the Department | 36223 |
| of Youth Services. | 36224 |
| Section 243.10. All items set forth in this section are | 36225 |
| hereby appropriated out of any moneys in the state treasury to the | 36226 |
| credit of the Cultural and Sports Facilities Building Fund (Fund | 36227 |
| 030) that are not otherwise appropriated: | 36228 |
| Reappropriations |
| 36229 |
| CAP-003 | Center of Science and Industry - Toledo | $ | 7,542 | 36230 | |||
| CAP-033 | Woodward Opera House Renovation | $ | 1,150,000 | 36231 | |||
| CAP-038 | Center Exhibit Replacement | $ | 816,000 | 36232 | |||
| CAP-042 | Statewide Site Exhibit/Renovation & Construction | $ | 123,000 | 36233 | |||
| CAP-043 | Statewide Site Repairs | $ | 200,100 | 36234 | |||
| CAP-046 | Cincinnati Museum Center Improvements | $ | 250,000 | 36235 | |||
| CAP-053 | Powers Auditorium Improvements | $ | 250,000 | 36236 | |||
| CAP-055 | Waco Museum & Aviation Learning Center | $ | 500,000 | 36237 | |||
| CAP-058 | Cedar Bog Nature Preserve Education Center | $ | 766,200 | 36238 | |||
| CAP-064 | Bramley Historic House | $ | 75,000 | 36239 | |||
| CAP-065 | Beck Center for the Cultural Arts | $ | 100,000 | 36240 | |||
| CAP-066 | Delaware County Cultural Arts Center | $ | 40,000 | 36241 | |||
| CAP-071 | Cleveland Institute of Music | $ | 1,500,000 | 36242 | |||
| CAP-072 | West Side Arts Consortium | $ | 138,000 | 36243 | |||
| CAP-073 | Ice Arena Development | $ | 5,500,000 | 36244 | |||
| CAP-074 | Stan Hywet Hall & Gardens | $ | 1,000,000 | 36245 | |||
| CAP-075 | McKinley Museum Improvements | $ | 125,000 | 36246 | |||
| CAP-076 | Spring Hill Historic Home | $ | 125,000 | 36247 | |||
| CAP-079 | Lorain Palace Civic Theatre | $ | 200,000 | 36248 | |||
| CAP-080 | Great Lakes Historical Society | $ | 150,000 | 36249 | |||
| CAP-745 | Historic Sites and Museums | $ | 604,453 | 36250 | |||
| CAP-753 | Buffington Island State Memorial | $ | 73,500 | 36251 | |||
| CAP-769 | Rankin House State Memorial | $ | 192,000 | 36252 | |||
| CAP-781 | Historical Center Archives/Library | $ | 624,000 | 36253 | |||
| CAP-784 | Ohio Historical Center Rehabilitation | $ | 1,523,737 | 36254 | |||
| CAP-789 | Neil Armstrong Air and Space Museum Improvements | $ | 103,516 | 36255 | |||
| CAP-809 | Cincinnati Ballet Facility Improvements | $ | 450,000 | 36256 | |||
| CAP-814 | Crawford Museum of Transportation & Industry | $ | 2,500,000 | 36257 | |||
| CAP-820 | Historical Center Ohio Village Buildings | $ | 502,000 | 36258 | |||
| CAP-821 | Lorain County Historical Society | $ | 300,000 | 36259 | |||
| CAP-822 | Armory Youth Center | $ | 40,000 | 36260 | |||
| CAP-823 | Marion Palace Theatre | $ | 1,575,000 | 36261 | |||
| CAP-824 | McConnellsville Opera House | $ | 75,000 | 36262 | |||
| CAP-825 | Secrest Auditorium | $ | 75,000 | 36263 | |||
| CAP-826 | Renaissance Theatre | $ | 700,000 | 36264 | |||
| CAP-827 | Trumpet in the Land | $ | 100,000 | 36265 | |||
| CAP-829 | Mid-Ohio Valley Players | $ | 80,000 | 36266 | |||
| CAP-830 | The Anchorage | $ | 50,000 | 36267 | |||
| CAP-834 | Galion Historic Big Four Depot Restoration | $ | 170,000 | 36268 | |||
| CAP-835 | Jamestown Opera House | $ | 125,000 | 36269 | |||
| CAP-837 | Lake County Historical Society | $ | 250,000 | 36270 | |||
| CAP-839 | Hancock Historical Society | $ | 75,000 | 36271 | |||
| CAP-840 | Riversouth Development | $ | 1,000,000 | 36272 | |||
| CAP-841 | Ft. Piqua Hotel | $ | 200,000 | 36273 | |||
| CAP-843 | Marina District Amphitheatre and Related Development | $ | 2,000,000 | 36274 | |||
| CAP-844 | Chas. A. Eulett Education Center/Appalachian Museum | $ | 1,850,000 | 36275 | |||
| CAP-845 | Lima Historic Athletic Field | $ | 100,000 | 36276 | |||
| CAP-846 | Butler Palace Theatre | $ | 200,000 | 36277 | |||
| CAP-847 | Voice Of America Museum | $ | 275,000 | 36278 | |||
| CAP-848 | Oxford Arts Center ADA Project | $ | 72,000 | 36279 | |||
| CAP-849 | Clark County Community Arts Expansion Project | $ | 500,000 | 36280 | |||
| CAP-850 | Westcott House Historic Site | $ | 75,000 | 36281 | |||
| CAP-851 | Gen. Lytle Homestead-Harmony Hill | $ | 50,000 | 36282 | |||
| CAP-852 | Miami Township Community Amphitheatre | $ | 50,000 | 36283 | |||
| CAP-853 | Western Reserve Historical Society | $ | 1,000,000 | 36284 | |||
| CAP-854 | Steamship Mather Museum | $ | 100,000 | 36285 | |||
| CAP-855 | Rock and Roll Hall of Fame | $ | 250,000 | 36286 | |||
| CAP-858 | Strongsville Historic Building | $ | 100,000 | 36287 | |||
| CAP-859 | Arts Castle | $ | 100,000 | 36288 | |||
| CAP-860 | Great Lakes Historical Society | $ | 325,000 | 36289 | |||
| CAP-861 | Ohio Glass Museum | $ | 250,000 | 36290 | |||
| CAP-863 | Ariel Theatre | $ | 100,000 | 36291 | |||
| CAP-864 | Bellbrook/Sugarcreek Historical Society | $ | 10,000 | 36292 | |||
| CAP-867 | Ensemble Theatre | $ | 450,000 | 36293 | |||
| CAP-868 | Taft Museum | $ | 500,000 | 36294 | |||
| CAP-869 | Art Academy of Cincinnati | $ | 100,000 | 36295 | |||
| CAP-870 | Riverbend Pavilion Improvements | $ | 250,000 | 36296 | |||
| CAP-871 | Cincinnati Art and Technical Academy - Longworth Hall | $ | 100,000 | 36297 | |||
| CAP-872 | Music Hall: Over-The-Rhine | $ | 750,000 | 36298 | |||
| CAP-873 | John Bloomfield Home Restoration | $ | 115,000 | 36299 | |||
| CAP-874 | Malinta Historical Society Caboose Exhibit | $ | 6,000 | 36300 | |||
| CAP-875 | Hocking County Historic Society - Schempp House | $ | 10,000 | 36301 | |||
| CAP-876 | Art Deco Markay Theatre | $ | 200,000 | 36302 | |||
| CAP-877 | Harvey Wells House | $ | 100,000 | 36303 | |||
| CAP-879 | Broad Street Historical Renovation | $ | 300,000 | 36304 | |||
| CAP-880 | Amherst Historical Society | $ | 35,000 | 36305 | |||
| CAP-881 | COSI - Toledo | $ | 1,580,000 | 36306 | |||
| CAP-882 | Ohio Theatre - Toledo | $ | 100,000 | 36307 | |||
| CAP-883 | Chester Academy Historic Site Renovation | $ | 25,000 | 36308 | |||
| CAP-884 | Bradford Ohio Railroad Museum | $ | 100,000 | 36309 | |||
| CAP-885 | Montgomery County Historical Society Archives | $ | 100,000 | 36310 | |||
| CAP-886 | Nelson T. Gant Historic Homestead | $ | 25,000 | 36311 | |||
| CAP-887 | Aurora Outdoor Sports Complex | $ | 50,000 | 36312 | |||
| CAP-888 | Preble County Historical Society | $ | 100,000 | 36313 | |||
| CAP-889 | Tecumseh Sugarloaf Mountain Amphitheatre | $ | 120,000 | 36314 | |||
| CAP-890 | Pro Football Hall of Fame | $ | 400,000 | 36315 | |||
| CAP-891 | Maps Air Museum | $ | 15,000 | 36316 | |||
| CAP-892 | Foundation Community Theatre | $ | 50,000 | 36317 | |||
| CAP-893 | William McKinley Library Restoration | $ | 250,000 | 36318 | |||
| CAP-896 | Richard Howe House | $ | 100,000 | 36319 | |||
| CAP-897 | Ward-Thomas Museum | $ | 30,000 | 36320 | |||
| CAP-898 | Packard Music Hall Renovation Project | $ | 1,075,000 | 36321 | |||
| CAP-899 | Holland Theatre | $ | 100,000 | 36322 | |||
| CAP-900 | Van Wert Historical Society | $ | 32,000 | 36323 | |||
| CAP-901 | Warren County Historical Society | $ | 225,000 | 36324 | |||
| CAP-902 | Marietta Colony Theatre | $ | 335,000 | 36325 | |||
| CAP-903 | West Salem Village Opera House | $ | 92,000 | 36326 | |||
| CAP-904 | Beavercreek Community Theater | $ | 100,000 | 36327 | |||
| CAP-905 | Smith Orr Homestead | $ | 100,000 | 36328 | |||
| Total Cultural Facilities Commission | $ | 39,831,048 | 36329 | ||||
| TOTAL Cultural and Sports Facilities Building Fund | $ | 39,831,048 | 36330 | ||||
| ICE ARENA DEVELOPMENT | 36331 |
| The amount reappropriated for the foregoing appropriation | 36332 |
| item CAP-073, Ice Arena Development, is the unencumbered and | 36333 |
| unalloted balance, as of June 30, 2006, in appropriation item | 36334 |
| CAP-073, Ice Arena Development, which prior to July 1, 2006, was | 36335 |
| named "Marina District/Ice Arena Development," plus $2,000,000. | 36336 |
| Notwithstanding any provision of law to the contrary, on July | 36337 |
| 1, 2006, or as soon thereafter as possible, the Director of Budget | 36338 |
| and Management shall transfer $2,000,000 from CAP-843, Marina | 36339 |
| District Amphitheatre and Related Development, which prior to July | 36340 |
| 1, 2006, was named "Marina District/Ice Arena Development," to | 36341 |
| CAP-073, Ice Arena Development. | 36342 |
| The foregoing appropriation item CAP-073, Ice Arena | 36343 |
| Development, shall by used by the City of Toledo for the | 36344 |
| development of an ice arena in the City of Toledo. | 36345 |
| MARINA DISTRICT AMPHITHEATRE AND RELATED DEVELOPMENT | 36346 |
| The amount reappropriated for the foregoing appropriation | 36347 |
| item CAP-843, Marina District Amphitheatre and Related | 36348 |
| Development, is the unencumbered and unalloted balance, as of June | 36349 |
| 30, 2006, in appropriation item CAP-843, Marina District | 36350 |
| Amphitheatre and Related Development, which prior to July 1, 2006, | 36351 |
| was named "Marina District/Ice Arena Development," minus | 36352 |
| $2,000,000. | 36353 |
| The foregoing appropriation item CAP-843, Marina District | 36354 |
| Amphitheatre and Related Development, shall be used by the City of | 36355 |
| Toledo for the development of an amphitheatre and related | 36356 |
| developments in the Marina District of Toledo. | 36357 |
| PACKARD MUSIC HALL RENOVATIONS PROJECT | 36358 |
| The amount reappropriated for the foregoing appropriation | 36359 |
| item CAP-898, Packard Music Hall Renovation Project, is the | 36360 |
| unencumbered and unalloted balance, as of June 30, 2006, in | 36361 |
| appropriation item CAP-898, Packard Music Hall Renovation Project, | 36362 |
| plus $975,000 of the unencumbered and unalloted balance, as of | 36363 |
| June 30, 2006, in appropriation item CAP-063, Robins Theatre | 36364 |
| Renovations. | 36365 |
| Section 245.10. All items set forth in this section are | 36366 |
| hereby appropriated out of any moneys in the state treasury to the | 36367 |
| credit of the Ohio Parks and Natural Resources Fund (Fund 031) | 36368 |
| that are not otherwise appropriated: | 36369 |
| Reappropriations |
| 36370 |
| 36371 |
| CAP-012 | Land Acquisition | $ | 1,708,039 | 36372 | |||
| CAP-024 | Statewide Boundary and Miscellaneous Surveying | $ | 43,895 | 36373 | |||
| CAP-702 | Upgrade Underground Fuel Storage Tanks | $ | 520,050 | 36374 | |||
| CAP-703 | Cap Abandoned Water Wells | $ | 69,123 | 36375 | |||
| CAP-748 | Local Parks Projects - Statewide | $ | 2,091,973 | 36376 | |||
| CAP-750 | Quilter CCC Camp | $ | 46,400 | 36377 | |||
| CAP-751 | City of Portsmouth Launch Ramp | $ | 1,800 | 36378 | |||
| CAP-753 | Project Planning | $ | 1,791,151 | 36379 | |||
| CAP-766 | South Fork Licking Watershed Study | $ | 2,469 | 36380 | |||
| CAP-768 | Grand River Wildlife Area | $ | 2,700 | 36381 | |||
| CAP-817 | Riffe CCC Camp | $ | 1,709 | 36382 | |||
| CAP-834 | Appraisal Fees - Statewide | $ | 79,615 | 36383 | |||
| CAP-835 | Civilian Conservation Facilities | $ | 346,280 | 36384 | |||
| CAP-844 | Put-In-Bay Township Port Authority | $ | 79,784 | 36385 | |||
| CAP-868 | New Philadelphia Office Relocation | $ | 1,500,000 | 36386 | |||
| CAP-874 | Lake Erie Access | $ | 5,070 | 36387 | |||
| CAP-876 | Statewide Trails Program | $ | 963 | 36388 | |||
| CAP-881 | Dam Rehabilitation | $ | 18,554,846 | 36389 | |||
| CAP-928 | Handicapped Accessibility | $ | 77,950 | 36390 | |||
| CAP-929 | Hazardous Waste/Asbestos Abatement | $ | 57,361 | 36391 | |||
| CAP-931 | Wastewater/Water Systems Upgrades | $ | 5,406,599 | 36392 | |||
| CAP-934 | Operations Facilities Development | $ | 354,291 | 36393 | |||
| CAP-995 | Boundary Protection | $ | 32,426 | 36394 | |||
| CAP-999 | Geographic Information Management System | $ | 62,650 | 36395 | |||
| Total Statewide and Local Projects | $ | 32,837,144 | 36396 | ||||
| 36397 |
| CAP-021 | Mohican State Forest | $ | 1,200 | 36398 | |||
| CAP-030 | Shawnee State Forest | $ | 1,300 | 36399 | |||
| CAP-071 | Statewide Forestry Facility Improvements | $ | 277,620 | 36400 | |||
| CAP-073 | Brush Creek State Forest | $ | 5,850 | 36401 | |||
| CAP-129 | Zanesville Nursery | $ | 9,500 | 36402 | |||
| CAP-841 | Operations and Maintenance Facility Development and Renovation | $ | 450,548 | 36403 | |||
| Total Division of Forestry | $ | 746,018 | 36404 | ||||
| 36405 |
| CAP-006 | Little Beaver Creek Nature Preserve | $ | 1,500 | 36406 | |||
| CAP-826 | Natural Areas and Preserves Maintenance/Facility Development | $ | 482,556 | 36407 | |||
| CAP-831 | Lake Katherine | $ | 17,299 | 36408 | |||
| CAP-980 | Old Woman Creek | $ | 2,969 | 36409 | |||
| Total Division of Natural Areas | $ | 504,324 | 36410 | ||||
| 36411 |
| CAP-003 | Barkcamp State Park | $ | 3,025 | 36412 | |||
| CAP-004 | Burr Oak State Park | $ | 7,400 | 36413 | |||
| CAP-005 | Cowan Lake State Park | $ | 9,337 | 36414 | |||
| CAP-010 | East Harbor State Park | $ | 38,129 | 36415 | |||
| CAP-016 | Hueston Woods State Park | $ | 7,300 | 36416 | |||
| CAP-017 | Indian Lake State Park | $ | 2,569 | 36417 | |||
| CAP-019 | Lake Hope State Park | $ | 22,695 | 36418 | |||
| CAP-022 | Muskingum River Lock #2 | $ | 20,000 | 36419 | |||
| CAP-025 | Punderson Lake State Park | $ | 5,997 | 36420 | |||
| CAP-027 | Rocky Fork State Park | $ | 28,212 | 36421 | |||
| CAP-029 | Salt Fork State Park | $ | 1,017 | 36422 | |||
| CAP-032 | West Branch State Park | $ | 3,243 | 36423 | |||
| CAP-051 | Buck Creek State Park | $ | 25,500 | 36424 | |||
| CAP-060 | East Fork State Park | $ | 51,942 | 36425 | |||
| CAP-064 | Geneva State Park | $ | 5,838 | 36426 | |||
| CAP-068 | Kennedy Stone House | $ | 15,000 | 36427 | |||
| CAP-069 | Hocking Hills State Park | $ | 11,725 | 36428 | |||
| CAP-081 | Jackson Lake State Park | $ | 19,416 | 36429 | |||
| CAP-083 | John Bryan State Park Shelter Construction | $ | 30,000 | 36430 | |||
| CAP-084 | Findley State Park General Improvements | $ | 12,500 | 36431 | |||
| CAP-089 | Mosquito Lake State Park | $ | 28,000 | 36432 | |||
| CAP-093 | Portage Lakes State Park | $ | 129,944 | 36433 | |||
| CAP-114 | Beaver Creek State Park | $ | 12,000 | 36434 | |||
| CAP-222 | Wolf Run State Park | $ | 21,787 | 36435 | |||
| CAP-234 | State Parks, Campgrounds, Lodges, and Cabins | $ | 1,666,051 | 36436 | |||
| CAP-305 | Maumee Bay State Park | $ | 900 | 36437 | |||
| CAP-331 | Park Boating Facilities | $ | 5,226,013 | 36438 | |||
| CAP-390 | State Park Maintenance/Facility Development | $ | 1,484,882 | 36439 | |||
| CAP-716 | Muskingum River Parkway Locks | $ | 7,116 | 36440 | |||
| CAP-815 | Mary Jane Thurston State Park | $ | 2,200 | 36441 | |||
| CAP-825 | Marblehead Lighthouse State Park | $ | 564 | 36442 | |||
| CAP-829 | Sycamore State Park | $ | 500 | 36443 | |||
| CAP-836 | State Park Renovations/Upgrading | $ | 709,026 | 36444 | |||
| CAP-851 | Cleveland Lakefront | $ | 146,371 | 36445 | |||
| CAP-916 | Lake Milton State Park | $ | 5,882 | 36446 | |||
| CAP-949 | Muskingum Lock #3 | $ | 3,700 | 36447 | |||
| CAP-954 | Muskingum Lock #4 | $ | 93,942 | 36448 | |||
| Total Division of Parks and Recreation | $ | 9,859,723 | 36449 | ||||
| 36450 |
| CAP-086 | Scippo Creek Conservation | $ | 75,000 | 36451 | |||
| Total Division of Soil and Water Conservation | $ | 75,000 | 36452 | ||||
| 36453 |
| CAP-705 | Rehabilitate Canals, Hydraulic Works, and Support Facilities | $ | 2,867,787 | 36454 | |||
| CAP-730 | Miami and Erie Canal | $ | 700 | 36455 | |||
| CAP-819 | Rehabilitate/Automate - Ohio Ground Water Observation Well Network | $ | 68,383 | 36456 | |||
| CAP-820 | Automated Stream, Lake, and Ground Water Data Collection | $ | 509,396 | 36457 | |||
| CAP-828 | Ohio and Erie Canal Rehabilitation | $ | 205,572 | 36458 | |||
| CAP-848 | Hazardous Dam Repair - Statewide | $ | 220,000 | 36459 | |||
| Total Division of Water | $ | 3,871,838 | 36460 | ||||
| TOTAL Department of Natural Resources | $ | 47,894,047 | 36461 | ||||
| TOTAL OHIO PARKS AND NATURAL RESOURCES FUND | $ | 47,894,047 | 36462 | ||||
| Section 245.20. MOSQUITO LAKE STATE PARK | 36464 |
| The amount reappropriated for the foregoing appropriation | 36465 |
| item CAP-089, Mosquito Lake State Park, is the unencumbered and | 36466 |
| unalloted balance, as of June 30, 2006, in appropriation item | 36467 |
| CAP-089, Mosquito Lake State Park, plus $25,000 of the | 36468 |
| unencumbered and unalloted balance, as of June 30, 2006, in | 36469 |
| appropriation item CAP-063, Robins Theatre Renovations, in the | 36470 |
| Cultural and Sports Facilities Building Fund (Fund 030). | 36471 |
| Of the foregoing appropriation item CAP-089, Mosquito Lake | 36472 |
| State Park, up to $25,000 shall be used to conduct a state park | 36473 |
| lodge feasibility study. | 36474 |
| LOCAL PARKS PROJECTS - STATEWIDE | 36475 |
| The amount reappropriated for the foregoing appropriation | 36476 |
| item CAP-748, Local Parks Projects - Statewide, is $1,573,564 | 36477 |
| plus the unencumbered and unallotted balance as of June 30, 2006, | 36478 |
| in item CAP-748, Local Parks Projects - Statewide, plus the | 36479 |
| unencumbered and unallotted balance as of June 30, 2006, in item | 36480 |
| CAP-862, Goll Wood Homestead in the Cultural and Sports Facilities | 36481 |
| Building Fund (Fund 030). The $1,573,564 represents amounts that | 36482 |
| were previously appropriated, allocated to counties pursuant to | 36483 |
| division (D) of section 1557.06 of the Revised Code, and | 36484 |
| encumbered for local project grants. The encumbrances for these | 36485 |
| local projects in the various counties shall be canceled by the | 36486 |
| Director of Natural Resources or the Director of Budget and | 36487 |
| Management. The Director of Natural Resources shall allocate the | 36488 |
| $1,573,564 to the same counties the moneys were originally | 36489 |
| allocated to, in the amount of the canceled encumbrances. | 36490 |
| GOLL WOOD HOMESTEAD | 36491 |
| Of the foregoing appropriation item CAP-748, Local Parks | 36492 |
| Projects - Statewide, $50,000 shall be used for the Goll Wood | 36493 |
| Homestead. | 36494 |
| DAM REHABILITATION | 36495 |
| Of the foregoing appropriation item CAP-881, Dam | 36496 |
| Rehabilitation, up to $970,000 shall be used to rehabilitate the | 36497 |
| Muskingum River Locks and Dams. | 36498 |
| Section 245.30. For the projects appropriated in Section | 36499 |
| 245.10 of this act, the Ohio Department of Natural Resources shall | 36500 |
| periodically prepare and submit to the Director of Budget and | 36501 |
| Management the estimated design, planning, and engineering costs | 36502 |
| of capital-related work to be done by the Department of Natural | 36503 |
| Resources for each project. Based on the estimates, the Director | 36504 |
| of Budget and Management may release appropriations from the | 36505 |
| foregoing appropriation item CAP-753, Project Planning, within the | 36506 |
| Ohio Parks and Natural Resources Fund (Fund 031) to pay for | 36507 |
| design, planning, and engineering costs incurred by the Department | 36508 |
| of Natural Resources for such projects. Upon release of the | 36509 |
| appropriations by the Director of Budget and Management, the | 36510 |
| Department of Natural Resources shall pay for these expenses from | 36511 |
| Fund 4S9, Capital Expenses, and be reimbursed by the Ohio Parks | 36512 |
| and Natural Resources Fund (Fund 031) using an intrastate voucher. | 36513 |
| Section 247.10. All items set forth in this section are | 36514 |
| hereby appropriated out of any moneys in the state treasury to the | 36515 |
| credit of the School Building Program Assistance Fund (Fund 032) | 36516 |
| that are not otherwise appropriated: | 36517 |
| Reappropriations |
| 36518 |
| CAP-770 | School Building Program Assistance | $ | 183,784,236 | 36519 | |||
| CAP-779 | Exceptional Needs | $ | 5,846,594 | 36520 | |||
| CAP-785 | Vocation Facilities Assistance Program | $ | 574,722 | 36521 | |||
| Total School Facilities Commission | $ | 190,205,552 | 36522 | ||||
| TOTAL School Building Program Assistance Fund | $ | 190,205,552 | 36523 | ||||
| Section 249.10. All items set forth in Sections 249.20 to | 36525 |
| 249.40 of this act are hereby appropriated out of any moneys in | 36526 |
| the state treasury to the credit of the Mental Health Facilities | 36527 |
| Improvement Fund (Fund 033) that are not otherwise appropriated: | 36528 |
| Reappropriations |
| Section 249.20. ADA DEPARTMENT OF ALCOHOL AND DRUG ADDICTION | 36529 |
| SERVICES | 36530 |
| CAP-002 | Community Assistance Projects | $ | 3,088,902 | 36531 | |||
| Total Department of Alcohol and Drug Addiction | 36532 | ||||||
| Services | $ | 3,088,902 | 36533 | ||||
| COMMUNITY ASSISTANCE PROJECTS | 36534 |
| Of the foregoing appropriation item CAP-002, Community | 36535 |
| Assistance Projects, $207,624 shall be used to continue | 36536 |
| renovations for the Oak House Women's Residential Treatment | 36537 |
| Facility. | 36538 |
| Reappropriations |
| Section 249.30. DMH DEPARTMENT OF MENTAL HEALTH | 36539 |
| 36540 |
| CAP-092 | Hazardous Materials Abatement | $ | 382,281 | 36541 | |||
| CAP-479 | Community Assistance Projects | $ | 4,726,308 | 36542 | |||
| CAP-906 | Campus Consolidation - Automation | $ | 2,668,974 | 36543 | |||
| CAP-943 | Dietary Delivery Systems | $ | 6,534 | 36544 | |||
| CAP-946 | Demolition | $ | 263,542 | 36545 | |||
| CAP-976 | Life Safety/Critical Plant Renovations | $ | 69,354 | 36546 | |||
| CAP-977 | Patient Care/Environment Improvement | $ | 1,605,463 | 36547 | |||
| CAP-978 | Infrastructure Renovations | $ | 7,444,890 | 36548 | |||
| CAP-981 | Emergency Improvements | $ | 2,843,566 | 36549 | |||
| CAP-984 | Patient Environment Improvement Consolidation | $ | 176,853 | 36550 | |||
| Total Department of Mental Health | $ | 20,187,765 | 36551 | ||||
| Reappropriations |
| Section 249.40. DMR DEPARTMENT OF MENTAL RETARDATION AND | 36553 |
| DEVELOPMENTAL DISABILITIES | 36554 |
| 36555 |
| CAP-001 | Asbestos Abatement | $ | 1,026,917 | 36556 | |||
| CAP-480 | Community Assistance Projects | $ | 13,020,936 | 36557 | |||
| CAP-901 | Razing of Buildings | $ | 80,013 | 36558 | |||
| CAP-912 | Telecommunications Systems Improvement | $ | 9,454 | 36559 | |||
| CAP-941 | Emergency Generator Replacement | $ | 140,580 | 36560 | |||
| CAP-955 | Statewide Developmental Centers | $ | 1,985,066 | 36561 | |||
| CAP-981 | Emergency Improvements | $ | 231,846 | 36562 | |||
| Total Statewide and Central Office Projects | $ | 16,494,812 | 36563 | ||||
| STATEWIDE DEVELOPMENTAL CENTERS | 36564 |
| The amount reappropriated for the foregoing appropriation | 36565 |
| item CAP-955, Statewide Developmental Centers, is the unencumbered | 36566 |
| and unallotted balance as of June 30, 2006, plus the sum of the | 36567 |
| unencumbered and unallotted balances for appropriation item | 36568 |
| CAP-791, Jonathan Hall Renovation; CAP-795, Ruby Hall Renovation; | 36569 |
| and CAP-940, Sewage Treatment Plant Renovation as of June 30, | 36570 |
| 2006. | 36571 |
| COMMUNITY ASSISTANCE PROJECTS | 36572 |
| The foregoing appropriation item CAP-480, Community | 36573 |
| Assistance Projects, may be used to provide community assistance | 36574 |
| funds for the construction or renovation of facilities for day | 36575 |
| programs or residential programs that provide services to persons | 36576 |
| eligible for services from the Department of Mental Retardation | 36577 |
| and Developmental Disabilities or county boards of mental | 36578 |
| retardation and developmental disabilities. Any funds provided to | 36579 |
| nonprofit agencies for the construction or renovation of | 36580 |
| facilities for persons eligible for services from the Department | 36581 |
| of Mental Retardation and Developmental Disabilities and county | 36582 |
| boards of mental retardation and developmental disabilities are | 36583 |
| subject to the prevailing wage provisions in section 176.05 of the | 36584 |
| Revised Code. | 36585 |
| The amount reappropriated for the foregoing appropriation | 36586 |
| item CAP-480, Community Assistance Projects, is the unencumbered | 36587 |
| and unallotted balance as of June 30, 2006, in appropriation item | 36588 |
| CAP-480, Community Assistance Projects, minus $250,000. | 36589 |
| 36590 |
| 36591 |
| CAP-711 | Residential Renovations - CAMDC | $ | 41,981 | 36592 | |||
| CAP-910 | HVAC Renovations - Residential Buildings | $ | 1,000 | 36593 | |||
| CAP-913 | Cambridge HVAC Upgrade - Activity Center | $ | 3,538 | 36594 | |||
| CAP-969 | Utility Upgrade Centerwide | 5,960 | 36595 | ||||
| Total Cambridge Developmental Center | $ | 52,479 | 36596 | ||||
| 36597 |
| CAP-852 | Fire Alarm System Improvements | $ | 5,500 | 36598 | |||
| CAP-958 | Columbus Developmental Center | $ | 11,794 | 36599 | |||
| Total Columbus Developmental Center | $ | 17,294 | 36600 | ||||
| 36601 |
| CAP-723 | HVAC Replacements | $ | 12,615 | 36602 | |||
| CAP-959 | Gallipolis Developmental Center | $ | 35,244 | 36603 | |||
| Total Gallipolis Developmental Center | $ | 47,859 | 36604 | ||||
| 36605 |
| CAP-960 | Montgomery Developmental Center | $ | 2,159 | 36606 | |||
| Total Montgomery Developmental Center | $ | 2,159 | 36607 | ||||
| 36608 |
| CAP-080 | Renovate Main Kitchen - Rian Hall | $ | 19,210 | 36609 | |||
| CAP-962 | Mount Vernon Developmental Center | $ | 481,912 | 36610 | |||
| Total Mount Vernon Developmental Center | $ | 501,122 | 36611 | ||||
| 36612 |
| CAP-947 | Replace Chiller | $ | 8,535 | 36613 | |||
| CAP-963 | Northwest Ohio Developmental Center | $ | 79,096 | 36614 | |||
| Total Northwest Ohio Developmental Center | $ | 87,631 | 36615 | ||||
| 36616 |
| CAP-863 | Residential Renovation - HVAC Upgrade | $ | 139,189 | 36617 | |||
| CAP-964 | Southwest Ohio Developmental Center | $ | 78,983 | 36618 | |||
| CAP-976 | Renovation Program and Support Services Building | $ | 3,900 | 36619 | |||
| Total Southwest Ohio Developmental Center | $ | 222,072 | 36620 | ||||
| 36621 |
| CAP-931 | Roof and Exterior Renovations | $ | 19,666 | 36622 | |||
| CAP-966 | Tiffin Developmental Center | $ | 27,175 | 36623 | |||
| Total Tiffin Developmental Center | $ | 46,841 | 36624 | ||||
| 36625 |
| CAP-867 | Residential Renovations - WDC | $ | 5,057 | 36626 | |||
| CAP-900 | Water Line Replacement - WDC | $ | 16,267 | 36627 | |||
| CAP-936 | HVAC Renovations | $ | 4,873 | 36628 | |||
| CAP-950 | ADA Compliance - WDC | $ | 3,628 | 36629 | |||
| CAP-967 | Warrensville Developmental Center | $ | 48,032 | 36630 | |||
| Total Warrensville Developmental Center | $ | 77,857 | 36631 | ||||
| 36632 |
| CAP-968 | Youngstown Developmental Center | $ | 69,681 | 36633 | |||
| Total Youngstown Developmental Center | $ | 69,681 | 36634 | ||||
| TOTAL Department of Mental Retardation | 36635 | ||||||
| and Developmental Disabilities | $ | 17,619,807 | 36636 | ||||
| TOTAL Mental Health Facilities Improvement Fund | $ | 40,896,474 | 36637 | ||||
| Section 249.50. The foregoing appropriations for the | 36639 |
| Department of Alcohol and Drug Addiction Services, CAP-002, | 36640 |
| Community Assistance Projects; Department of Mental Health, | 36641 |
| CAP-479, Community Assistance Projects; and Department of Mental | 36642 |
| Retardation and Developmental Disabilities, CAP-480, Community | 36643 |
| Assistance Projects, may be used on facilities constructed or to | 36644 |
| be constructed pursuant to Chapter 340., 3793., 5119., 5123., or | 36645 |
| 5126. of the Revised Code or the authority granted by section | 36646 |
| 154.20 of the Revised Code and the rules adopted pursuant to those | 36647 |
| chapters and that section and shall be distributed by the | 36648 |
| Department of Alcohol and Drug Addiction Services, the Department | 36649 |
| of Mental Health, and the Department of Mental Retardation and | 36650 |
| Developmental Disabilities, subject to Controlling Board approval. | 36651 |
| Section 249.60. (A) No capital improvement appropriations | 36652 |
| made in Sections 249.20 to 249.40 of this act shall be released | 36653 |
| for planning or for improvement, renovation, or construction or | 36654 |
| acquisition of capital facilities if a governmental agency, as | 36655 |
| defined in section 154.01 of the Revised Code, does not own the | 36656 |
| real property that constitutes the capital facilities or on which | 36657 |
| the capital facilities are or will be located. This restriction | 36658 |
| does not apply in any of the following circumstances: | 36659 |
| (1) The governmental agency has a long-term (at least fifteen | 36660 |
| years) lease of, or other interest (such as an easement) in, the | 36661 |
| real property. | 36662 |
| (2) In the case of an appropriation for capital facilities | 36663 |
| that, because of their unique nature or location, will be owned or | 36664 |
| be part of facilities owned by a separate nonprofit organization | 36665 |
| and made available to the governmental agency for its use, the | 36666 |
| nonprofit organization either owns or has a long-term (at least | 36667 |
| fifteen years) lease of the real property or other capital | 36668 |
| facility to be improved, renovated, constructed, or acquired and | 36669 |
| has entered into a joint or cooperative use agreement, approved by | 36670 |
| the Department of Mental Health, Department of Mental Retardation | 36671 |
| and Developmental Disabilities, or Department of Alcohol and Drug | 36672 |
| Addiction Services, whichever is applicable, with the governmental | 36673 |
| agency for that agency's use of and right to use the capital | 36674 |
| facilities to be financed and, if applicable, improved, the value | 36675 |
| of such use or right to use being, as determined by the parties, | 36676 |
| reasonably related to the amount of the appropriation. | 36677 |
| (B) In the case of capital facilities referred to in division | 36678 |
| (A)(2) of this section, the joint or cooperative use agreement | 36679 |
| shall include, as a minimum, provisions that: | 36680 |
| (1) Specify the extent and nature of that joint or | 36681 |
| cooperative use, extending for no fewer than fifteen years, with | 36682 |
| the value of such use or right to use to be, as determined by the | 36683 |
| parties and approved by the applicable department, reasonably | 36684 |
| related to the amount of the appropriation; | 36685 |
| (2) Provide for pro rata reimbursement to the state should | 36686 |
| the arrangement for joint or cooperative use by a governmental | 36687 |
| agency be terminated; | 36688 |
| (3) Provide that procedures to be followed during the capital | 36689 |
| improvement process will comply with appropriate applicable state | 36690 |
| statutes and rules, including provisions of this act. | 36691 |
| Section 251.10. All items set forth in Sections 251.20 to | 36692 |
| 256.80 of this act are hereby appropriated out of any moneys in | 36693 |
| the state treasury to the credit of the Higher Education | 36694 |
| Improvement Fund (Fund 034) that are not otherwise appropriated: | 36695 |
| Reappropriations |
| Section 251.20. ETC ETECH OHIO | 36696 |
| CAP-001 | Educational Television and Radio Equipment | $ | 1,889,477 | 36697 | |||
| CAP-002 | Educational Broadcasting Fiber Optic Network | $ | 51,748 | 36698 | |||
| Total eTech Ohio | $ | 1,941,225 | 36699 | ||||
| EDUCATIONAL TELEVISION AND RADIO EQUIPMENT | 36700 |
| The foregoing appropriation item CAP-001, Educational | 36701 |
| Television and Radio Equipment, shall be used to provide | 36702 |
| broadcasting, transmission, and production equipment to Ohio | 36703 |
| public radio and television stations, radio reading services, and | 36704 |
| the eTech Ohio Commission. | 36705 |
| EDUCATIONAL BROADCASTING FIBER OPTIC NETWORK | 36706 |
| The foregoing appropriation item CAP-002, Educational | 36707 |
| Broadcasting Fiber Optic Network, shall be used to link the Ohio | 36708 |
| public radio and television stations, radio reading services, and | 36709 |
| the Educational Telecommunications Network for the reception and | 36710 |
| transmission of digital communications through fiber optic cable | 36711 |
| or other technology. | 36712 |
| Reappropriations |
| Section 251.30. BOR BOARD OF REGENTS | 36713 |
| CAP-029 | Ohio Library And Information Network | $ | 3,500,000 | 36714 | |||
| CAP-030 | Supercomputer Center Expansion | $ | 228,599 | 36715 | |||
| CAP-032 | Research Facility Investment Loans/Grants | $ | 2,401,427 | 36716 | |||
| CAP-061 | Central State Rehabilitation | $ | 207,012 | 36717 | |||
| CAP-068 | Third Frontier Project | $ | 50,000,001 | 36718 | |||
| CAP-071 | Center for Transitional and Applied Genomics | $ | 500,000 | 36719 | |||
| CAP-072 | Cleveland Clinic Heart Center Infrastructure | $ | 5,000,000 | 36720 | |||
| CAP-073 | Technology Incubator for Market-Ready Applications | $ | 2,000,000 | 36721 | |||
| CAP-077 | Center For Structural Biology | $ | 1,000,000 | 36722 | |||
| CAP-078 | One Cleveland Broadband Network | $ | 500,000 | 36723 | |||
| CAP-079 | Central Ohio Technology Corridor - Dublin | $ | 500,000 | 36724 | |||
| CAP-080 | OSU Supercomputer Center Aerospace | $ | 50,000 | 36725 | |||
| CAP-081 | Youngstown Market Ready Incubator | $ | 750,000 | 36726 | |||
| Total Board of Regents | $ | 66,637,039 | 36727 | ||||
| Section 251.40. RESEARCH FACILITY ACTION AND INVESTMENT | 36729 |
| FUNDS | 36730 |
| The foregoing appropriation item CAP-032, Research Facility | 36731 |
| Investment Loans/Grants, shall be used for a program of grants to | 36732 |
| be administered by the Board of Regents to provide timely | 36733 |
| availability of capital facilities for research programs and | 36734 |
| research-oriented instructional programs at or involving | 36735 |
| state-supported and state-assisted institutions of higher | 36736 |
| education. | 36737 |
| The Board of Regents shall adopt rules under Chapter 119. of | 36738 |
| the Revised Code relative to the application for and approval of | 36739 |
| projects funded from appropriation item CAP-032, Research Facility | 36740 |
| Investment Loans/Grants. The rules shall be reviewed and approved | 36741 |
| by the Legislative Committee on Education Oversight. The Board of | 36742 |
| Regents shall inform the President of the Senate and the Speaker | 36743 |
| of the House of Representatives of each project application for | 36744 |
| funding received. Each project receiving a commitment for funding | 36745 |
| by the Board of Regents under the rules shall be reported to the | 36746 |
| President of the Senate and the Speaker of the House of | 36747 |
| Representatives. | 36748 |
| Section 251.50. REPAYMENT OF RESEARCH FACILITY INVESTMENT | 36749 |
| LOANS/GRANTS MONEYS | 36750 |
| Notwithstanding any provision of law to the contrary, all | 36751 |
| repayments of Research Facility Investment Loans/Grants loans | 36752 |
| shall be made to the Bond Service Account in the Higher Education | 36753 |
| Bond Service Trust Fund. | 36754 |
| Institutions of higher education shall make timely repayments | 36755 |
| of Research Facility Investment Loans/Grants loans, according to | 36756 |
| the schedule established by the Board of Regents. In the case of | 36757 |
| late payments, the Board of Regents may deduct from an | 36758 |
| institution's periodic subsidy distribution an amount equal to the | 36759 |
| amount of the overdue payment for that institution, transfer such | 36760 |
| amount to the Bond Service Trust Fund, and credit the appropriate | 36761 |
| institution for the repayment. | 36762 |
| Section 251.60. THIRD FRONTIER PROJECT | 36763 |
| The foregoing appropriation item CAP-068, Third Frontier | 36764 |
| Project, shall be used to acquire, renovate, or construct | 36765 |
| facilities and purchase equipment for research programs, | 36766 |
| technology development, product development, and commercialization | 36767 |
| programs at or involving state-supported and state-assisted | 36768 |
| institutions of higher education. The funds shall be used to make | 36769 |
| grants awarded on a competitive basis, and shall be administered | 36770 |
| by the Third Frontier Commission. Expenditure of these funds shall | 36771 |
| comply with Section 2n of Article VIII, Ohio Constitution, and | 36772 |
| sections 151.01 and 151.04 of the Revised Code for the period | 36773 |
| beginning July 1, 2006, and ending June 30, 2008. | 36774 |
| The Third Frontier Commission shall develop guidelines | 36775 |
| relative to the application for and selection of projects funded | 36776 |
| from appropriation item CAP-068, Third Frontier Project. The | 36777 |
| commission may develop these guidelines in consultation with other | 36778 |
| interested parties. The Board of Regents and all state-assisted | 36779 |
| and state-supported institutions of higher education shall take | 36780 |
| all actions necessary to implement grants awarded by the Third | 36781 |
| Frontier Commission. | 36782 |
| The foregoing appropriation item CAP-068, Third Frontier | 36783 |
| Project, for which an appropriation is made from the Higher | 36784 |
| Education Improvement Fund (Fund 034), is determined to consist of | 36785 |
| capital improvements and capital facilities for state-supported | 36786 |
| and state-assisted institutions of higher education, and is | 36787 |
| designated for the capital facilities to which proceeds of | 36788 |
| obligations in the Higher Education Improvement Fund (Fund 034) | 36789 |
| are to be applied. | 36790 |
| Section 251.80. REIMBURSEMENT FOR PROJECT COSTS | 36791 |
| Appropriations made in Sections 251.30 to 256.80 of this act | 36792 |
| for purposes of the costs of capital facilities', the interim | 36793 |
| financing of which the particular institution has previously | 36794 |
| issued its own obligations anticipating the possibility of future | 36795 |
| state appropriations to pay all or a portion of such costs, as | 36796 |
| contemplated in division (B) of section 3345.12 of the Revised | 36797 |
| Code, shall be paid directly to the institution or the paying | 36798 |
| agent for those outstanding obligations in the full principal | 36799 |
| amount of those obligations then to be paid from the anticipated | 36800 |
| appropriation and shall be timely applied to the retirement of a | 36801 |
| like principal amount of the institution's obligations. | 36802 |
| Appropriations made in Sections 251.30 to 256.80 of this act | 36803 |
| for purposes of the costs of capital facilities, all or a portion | 36804 |
| of which costs the particular institution has paid from the | 36805 |
| institution's moneys that were temporarily available and which | 36806 |
| expenditures were reasonably expected at the time of the advance | 36807 |
| by the institution and the state to be reimbursed from the | 36808 |
| proceeds of obligations issued by the state, shall be directly | 36809 |
| paid to the institution in the full amounts of those payments and | 36810 |
| shall be timely applied to the reimbursement of those temporarily | 36811 |
| available moneys. All reimbursements are subject to review and | 36812 |
| approval through the capital release process. | 36813 |
| Reappropriations |
| Section 251.90. UAK UNIVERSITY OF AKRON | 36814 |
| CAP-008 | Basic Renovations | $ | 4,512,104 | 36815 | |||
| CAP-047 | Polsky Building Renovation | $ | 1,421,625 | 36816 | |||
| CAP-049 | Basic Renovations - Wayne | $ | 313,880 | 36817 | |||
| CAP-054 | Auburn Science/Whitby Rehabilitation | $ | 9,697,799 | 36818 | |||
| CAP-061 | Asbestos Abatement | $ | 47,861 | 36819 | |||
| CAP-063 | Child Care Facility | $ | 4,428 | 36820 | |||
| CAP-076 | Supercritical Fluid Technology | $ | 30,251 | 36821 | |||
| CAP-077 | Leigh Hall Rehabilitation | $ | 766,457 | 36822 | |||
| CAP-087 | Global PVC Research Consortium | $ | 7,144 | 36823 | |||
| CAP-091 | Student Affairs Building | $ | 53,082 | 36824 | |||
| CAP-097 | Ohio NMR Consortium | $ | 96,500 | 36825 | |||
| CAP-098 | Guzzetta Hall Addition | $ | 77,848 | 36826 | |||
| CAP-099 | D Wing Expansion | $ | 243,750 | 36827 | |||
| CAP-100 | Classroom Office Addition - Design | $ | 120,120 | 36828 | |||
| CAP-101 | National Polymer Processing Center | $ | 1,000,000 | 36829 | |||
| CAP-104 | Nanoscale Polymers Manufacturing | $ | 124,366 | 36830 | |||
| CAP-111 | 500 MHz NMR Spectrometer | $ | 117,444 | 36831 | |||
| CAP-113 | Student & Administrative Services Building - Phase 2 | $ | 362,196 | 36832 | |||
| CAP-114 | Facility Enhancement Building H - Phase 2 | $ | 628,277 | 36833 | |||
| CAP-115 | Medina County University Center | $ | 1,000,000 | 36834 | |||
| CAP-116 | Fir Hill Plaza Renovations | $ | 1,249,743 | 36835 | |||
| CAP-117 | Shrank Hall Renovation | $ | 1,342,414 | 36836 | |||
| Total University of Akron | $ | 23,217,289 | 36837 | ||||
| Reappropriations |
| Section 252.10. BGU BOWLING GREEN STATE UNIVERSITY | 36839 |
| CAP-009 | Basic Renovations | $ | 7,386,239 | 36840 | |||
| CAP-060 | Basic Renovations - Firelands | $ | 459,399 | 36841 | |||
| CAP-074 | Instructional and Data Processing Equipment | $ | 1,426,543 | 36842 | |||
| CAP-078 | Asbestos Abatement | $ | 1,584 | 36843 | |||
| CAP-088 | ADA Modifications | $ | 19,544 | 36844 | |||
| CAP-091 | Child Care Facility | $ | 49,406 | 36845 | |||
| CAP-094 | Materials Network | $ | 90,981 | 36846 | |||
| CAP-102 | Network Infrastructure - Phase 1 | $ | 244,131 | 36847 | |||
| CAP-108 | Tunnel Upgrade - Phase 2 | $ | 98,820 | 36848 | |||
| CAP-110 | Hannah Hall Rehabilitation | $ | 2,005,522 | 36849 | |||
| CAP-112 | Biology Lab Renovation | $ | 12,533,708 | 36850 | |||
| CAP-113 | Campus-Wide Paving/Sidewalk Upgrade | $ | 352,700 | 36851 | |||
| CAP-114 | Student Learning | $ | 13,149 | 36852 | |||
| CAP-115 | Video Teaching Network | $ | 5,436 | 36853 | |||
| CAP-118 | Kinetic Spectrometry Consortium | $ | 77,671 | 36854 | |||
| CAP-119 | Admissions Visitor Center | $ | 3,000,000 | 36855 | |||
| CAP-120 | Theatre/Performing Arts Complex | $ | 8,750,000 | 36856 | |||
| CAP-121 | University Hall Rehabilitation | $ | 1,174,981 | 36857 | |||
| CAP-124 | Administration Building Fire Alarm System | $ | 83,986 | 36858 | |||
| CAP-125 | Campus-Wide Carpet Upgrade | $ | 329,700 | 36859 | |||
| CAP-126 | Reroof East, West, and North Buildings | $ | 600,000 | 36860 | |||
| CAP-127 | Instructional Laboratory - Phase 1 | $ | 123,735 | 36861 | |||
| CAP-128 | Perrysburg Heights Multipurpose Facility | $ | 500,000 | 36862 | |||
| CAP-129 | Wood County Senior Kitchen Project | $ | 500,000 | 36863 | |||
| Total Bowling Green State University | $ | 39,827,235 | 36864 | ||||
| BASIC RENOVATIONS | 36865 |
| The amount reappropriated for the foregoing appropriation | 36866 |
| item CAP-009, Basic Renovations, is the sum of the unencumbered | 36867 |
| and unallotted balances as of June 30, 2006, in appropriation | 36868 |
| items CAP-009, Basic Renovations; CAP-093, Pedestrian Mall | 36869 |
| Project; CAP-104, Jerome Library Renovations; CAP-105, | 36870 |
| Administration Building Elevators; and CAP-117, Administration | 36871 |
| Building Chiller. | 36872 |
| Reappropriations |
| Section 252.20. CSU CENTRAL STATE UNIVERSITY | 36873 |
| CAP-022 | Basic Renovations | $ | 676,223 | 36874 | |||
| CAP-068 | Instructional and Data Processing Replacement | $ | 85,065 | 36875 | |||
| CAP-084 | Academic Facility - Phase 1 | $ | 3,791,729 | 36876 | |||
| Total Central State University | $ | 4,553,017 | 36877 | ||||
| Reappropriations |
| Section 252.30. UCN UNIVERSITY OF CINCINNATI | 36879 |
| CAP-009 | Basic Renovations | $ | 512,716 | 36880 | |||
| CAP-018 | Basic Renovations - Clermont | $ | 298,701 | 36881 | |||
| CAP-054 | Raymond Walters Renovations | $ | 428,426 | 36882 | |||
| CAP-119 | Instructional & Data Processing Equipment | $ | 12,537 | 36883 | |||
| CAP-122 | Infrastructure Assessment | $ | 2,518 | 36884 | |||
| CAP-128 | Science and Allied Health Building - Walters | $ | 118,748 | 36885 | |||
| CAP-131 | Convention Center | $ | 2,500,000 | 36886 | |||
| CAP-137 | MSB Otolaryngology | $ | 1,228 | 36887 | |||
| CAP-141 | ADA Modifications | $ | 49,860 | 36888 | |||
| CAP-142 | ADA Modifications - Clermont | $ | 6,039 | 36889 | |||
| CAP-158 | Molecular Components/Simulation Network | $ | 16,817 | 36890 | |||
| CAP-171 | Asbestos - Rieveschl Hall | $ | 107,550 | 36891 | |||
| CAP-173 | Surface Engineering | $ | 24,503 | 36892 | |||
| CAP-174 | Classroom/Teaching Lab Renovations | $ | 89,236 | 36893 | |||
| CAP-176 | Network Expansion | $ | 19,000 | 36894 | |||
| CAP-180 | Rapid Prototype Process | $ | 41,626 | 36895 | |||
| CAP-187 | MSB Small Group Learning Spaces | $ | 1,125 | 36896 | |||
| CAP-193 | Nano Particles | $ | 1,103 | 36897 | |||
| CAP-194 | Transgenic Core Capacity | $ | 1,633 | 36898 | |||
| CAP-195 | Thin Film Analysis | $ | 110,452 | 36899 | |||
| CAP-196 | Electronic Reconstruction | $ | 1,784 | 36900 | |||
| CAP-197 | Med Center Technology | $ | 1,546 | 36901 | |||
| CAP-198 | TC/Dyer Rehabilitation - Phase 1A | $ | 8,532 | 36902 | |||
| CAP-203 | Zimmer Plaza & Auditorium Rehabilitation | $ | 5,919 | 36903 | |||
| CAP-205 | Medical Science Building Rehabilitation | $ | 3,626,342 | 36904 | |||
| CAP-206 | One Stop Services Center | $ | 97,535 | 36905 | |||
| CAP-207 | Central Campus Infrastructure | $ | 287,593 | 36906 | |||
| CAP-208 | Security System Upgrade | $ | 50,000 | 36907 | |||
| CAP-209 | Library Renovations | $ | 800,500 | 36908 | |||
| CAP-218 | Creation of a P3 Facility | $ | 500 | 36909 | |||
| CAP-223 | Teachers College/Dyer Hall Rehabilitation - Phase 2 | $ | 986,560 | 36910 | |||
| CAP-224 | Van Wormer Administrative Building Rehabilitation | $ | 25,425 | 36911 | |||
| CAP-226 | Holocaust Archives | $ | 47,580 | 36912 | |||
| CAP-237 | Biomedical Engineering | $ | 17,145 | 36913 | |||
| CAP-250 | Student Services | $ | 111,750 | 36914 | |||
| CAP-262 | Central Campus Renovations | $ | 8,442 | 36915 | |||
| CAP-263 | Swift Rehabilitation | $ | 9,667 | 36916 | |||
| CAP-264 | McMicken Window Replacement | $ | 66,882 | 36917 | |||
| CAP-265 | Rieveschl/Crosley Rehab/Expansion | $ | 720,764 | 36918 | |||
| CAP-268 | 800 MHz Radio System | $ | 15,000 | 36919 | |||
| CAP-270 | CAS HVAC Upgrades | $ | 4,005 | 36920 | |||
| CAP-273 | Help Phones | $ | 43,754 | 36921 | |||
| CAP-278 | Structural Biology | $ | 59,533 | 36922 | |||
| CAP-279 | Developmental Neurobiology | $ | 500,000 | 36923 | |||
| CAP-285 | MSB Library Computer Lab Renovation | $ | 13,519 | 36924 | |||
| CAP-286 | CAS Fire Alarm Upgrade | $ | 35,273 | 36925 | |||
| CAP-287 | Classroom Security System | $ | 39,827 | 36926 | |||
| CAP-290 | Mainframe Computing Alliance | $ | 16,351 | 36927 | |||
| CAP-291 | Proteomics in the Post Genome Era | $ | 30,860 | 36928 | |||
| CAP-292 | Nanoscale Hybrid Materials | $ | 79,677 | 36929 | |||
| CAP-293 | Accelerated Maturation of Materials | $ | 632 | 36930 | |||
| CAP-295 | Edwards Corridors Tile | $ | 1,178 | 36931 | |||
| CAP-304 | GRi Building F240 Renovation | $ | 5,393 | 36932 | |||
| CAP-305 | Peters-Jones Building Restroom Upgrade | $ | 1,943 | 36933 | |||
| CAP-311 | Gas Turbine Spray Combustion | $ | 150,000 | 36934 | |||
| CAP-314 | Bridging the Skills Gap | $ | 593,912 | 36935 | |||
| CAP-317 | Gibson House Fire Alarm | $ | 16,041 | 36936 | |||
| CAP-318 | MSb Interim-FM Relocation | $ | 14,673 | 36937 | |||
| CAP-319 | Elevator Cylinder Replacements | $ | 36,725 | 36938 | |||
| CAP-320 | HPB G58 - Network Office Renovation | $ | 2,414 | 36939 | |||
| CAP-327 | Electronic Systems Emulation | $ | 60,000 | 36940 | |||
| CAP-329 | Uptown Consortium Renovations/Turner plc | $ | 250,000 | 36941 | |||
| CAP-330 | Blegen Windows | $ | 72,778 | 36942 | |||
| CAP-331 | West Campus GFCI Lab Upgrades | $ | 8,125 | 36943 | |||
| CAP-332 | Blegen ADA Upgrade | $ | 9,973 | 36944 | |||
| CAP-334 | Lindner Fire Alarm Upgrade | $ | 279,138 | 36945 | |||
| CAP-335 | People Working Cooperatively | $ | 100,000 | 36946 | |||
| CAP-336 | Advanced Oxidation Technologies | $ | 62,262 | 36947 | |||
| CAP-337 | CAS Electrical Upgrades | $ | 36,821 | 36948 | |||
| CAP-338 | Live Tissue Imaging | $ | 77,319 | 36949 | |||
| CAP-340 | Lean Product Development | $ | 1,000,000 | 36950 | |||
| CAP-341 | Clermont Snyder Masonry Restoration | $ | 3,950 | 36951 | |||
| CAP-345 | Proctor Elevator Improvements | $ | 279,388 | 36952 | |||
| Total University of Cincinnati | $ | 15,118,748 | 36953 | ||||
| BASIC RENOVATIONS | 36954 |
| The amount reappropriated for the foregoing appropriation | 36955 |
| item CAP-009, Basic Renovations, is the sum of the unencumbered | 36956 |
| and unallotted balances as of June 30, 2006, in appropriation | 36957 |
| items CAP-009, Basic Renovations; CAP-276, Health Professionals | 36958 |
| Building G44E Renovation; CAP-289, Medical Science Building Data | 36959 |
| Electronic RM Walls; CAP-296, Rieveschl HVAC & Safety Upgrades; | 36960 |
| CAP-322, Condensate Pump/Reheat; and CAP-323, Old Chemistry Window | 36961 |
| Replacement. | 36962 |
| ADA MODIFICATIONS | 36963 |
| The amount reappropriated for the foregoing appropriation | 36964 |
| item CAP-141, ADA Modifications, is the sum of the unencumbered | 36965 |
| and unallotted balances as of June 30, 2006, in appropriation | 36966 |
| items CAP-141, ADA Modifications and CAP-307, Lindner ADA | 36967 |
| Upgrades. | 36968 |
| CLASSROOM/TEACHING LAB RENOVATIONS | 36969 |
| The amount reappropriated for the foregoing appropriation | 36970 |
| item CAP-174, Classroom/Teaching Lab Renovations, is the sum of | 36971 |
| the unencumbered and unallotted balances as of June 30, 2006, in | 36972 |
| appropriation items CAP-174, Classroom/Teaching Lab Renovations; | 36973 |
| CAP-201, WC Faculty Media Center; and CAP-228, Medical Science | 36974 |
| Building Level G, 1 & 2 Lab Upgrades. | 36975 |
| CRITICAL BUILDING COMPONENT RENOVATIONS | 36976 |
| The amount reappropriated for the foregoing appropriation | 36977 |
| item CAP-177, Critical Building Component Renovations, is the sum | 36978 |
| of the unencumbered and unallotted balances as of June 30, 2006, | 36979 |
| in appropriation items CAP-177, Critical Building Component | 36980 |
| Renovations; CAP-188, HPB/Wherry Service Entrances; and CAP-202, | 36981 |
| Baldwin Hall Rehabilitation - Phase 1. | 36982 |
| ONE STOP SERVICES CENTER | 36983 |
| The amount reappropriated for the foregoing appropriation | 36984 |
| item CAP-206, One Stop Services Center, is the sum of the | 36985 |
| unencumbered and unallotted balances as of June 30, 2006, in | 36986 |
| appropriation items CAP-206, One Stop Services Center, plus | 36987 |
| $102,568. | 36988 |
| Reappropriations |
| Section 252.40. CLS CLEVELAND STATE UNIVERSITY | 36989 |
| CAP-023 | Basic Renovations | $ | 5,058,958 | 36990 | |||
| CAP-067 | 17th - 18th Street Block | $ | 222,280 | 36991 | |||
| CAP-084 | Neighborhood Centers Renovations | $ | 500,000 | 36992 | |||
| CAP-088 | Asbestos Abatement | $ | 870,077 | 36993 | |||
| CAP-092 | Handicapped Requirements | $ | 572 | 36994 | |||
| CAP-112 | Land Acquisitions | $ | 9,264 | 36995 | |||
| CAP-114 | Geographic Information Systems | $ | 41,067 | 36996 | |||
| CAP-125 | College of Education Building | $ | 17,235,047 | 36997 | |||
| CAP-126 | Electrical System Upgrades - Phase 2 | $ | 773,658 | 36998 | |||
| CAP-127 | Fire Alarm System Upgrade | $ | 400,000 | 36999 | |||
| CAP-128 | Property Acquisition | $ | 1,120,237 | 37000 | |||
| CAP-138 | Student Services | $ | 59,333 | 37001 | |||
| CAP-139 | Landscape, Sidewalk Replacement | $ | 5,845 | 37002 | |||
| CAP-142 | Rhodes Tower Library Roof Replacement | $ | 178,169 | 37003 | |||
| CAP-144 | Rhodes Tower Plaza Renovation - Phase 2 | $ | 690 | 37004 | |||
| CAP-148 | Cleveland Institute of Art | $ | 1,000,000 | 37005 | |||
| CAP-150 | Campus Fire Alarm Upgrade | $ | 762,085 | 37006 | |||
| CAP-151 | Plant Growth Facility | $ | 60,000 | 37007 | |||
| CAP-152 | Rhodes Tower Data Center Relocation | $ | 920,131 | 37008 | |||
| CAP-153 | University Annex-Vacate and Demolition | $ | 49,390 | 37009 | |||
| CAP-154 | Main Classroom Stair Tower & Entry | $ | 1,500,000 | 37010 | |||
| CAP-157 | Child Care Matching Grant | $ | 221,987 | 37011 | |||
| CAP-158 | Utility Upgrade Southwest Campus | $ | 473,931 | 37012 | |||
| Total Cleveland State University | $ | 31,462,721 | 37013 | ||||
| NEIGHBORHOOD CENTERS RENOVATIONS | 37014 |
| The amount reappropriated for the foregoing appropriation | 37015 |
| item CAP-084, Neighborhood Centers Renovations, is the total of | 37016 |
| the unencumbered and unalloted balances, of as June 30, 2006, in | 37017 |
| appropriations items CAP-856, Friendly Inn Settlement House | 37018 |
| Historic Site, and CAP-857, Merrick House Historic Site, in the | 37019 |
| Cultural and Sports Facilities Building Fund (Fund 030). | 37020 |
| Of the foregoing appropriation item CAP-084, Neighborhood | 37021 |
| Centers Renovations, $250,000 shall be used for renovations to the | 37022 |
| Friendly Inn Settlement House and $250,000 shall be used for | 37023 |
| renovations to the Merrick House. | 37024 |
| CLEVELAND INSTITUTE OF ART | 37025 |
| The amount reappropriated for the foregoing appropriation | 37026 |
| item CAP-148, Cleveland Institute of Art, is the unencumbered and | 37027 |
| unalloted balance, as of June 30, 2006, in appropriation item | 37028 |
| CAP-069, Cleveland Institute of Art, in the Cultural and Sports | 37029 |
| Facilities Building Fund (Fund 030). | 37030 |
| Reappropriations |
| Section 252.50. KSU KENT STATE UNIVERSITY | 37031 |
| CAP-022 | Basic Renovations | $ | 4,092,258 | 37032 | |||
| CAP-098 | Trumbull Branch Addition | $ | 13,972 | 37033 | |||
| CAP-105 | Basic Renovations - East Liverpool | $ | 234,847 | 37034 | |||
| CAP-106 | Basic Renovations - Geauga | $ | 45,607 | 37035 | |||
| CAP-107 | Basic Renovations - Salem | $ | 126,662 | 37036 | |||
| CAP-108 | Basic Renovations - Stark | $ | 325,358 | 37037 | |||
| CAP-110 | Basic Renovations - Ashtabula | $ | 426,827 | 37038 | |||
| CAP-111 | Basic Renovations - Trumbull | $ | 613,808 | 37039 | |||
| CAP-112 | Basic Renovations - Tuscarawas | $ | 171,699 | 37040 | |||
| CAP-122 | Faculty Office Addition - Salem | $ | 12,072 | 37041 | |||
| CAP-126 | HVAC Renovations - Ashtabula | $ | 5,545 | 37042 | |||
| CAP-128 | Roof Renovations - Ashtabula | $ | 1,435 | 37043 | |||
| CAP-137 | LCI/Materials Science Building | $ | 6,025 | 37044 | |||
| CAP-140 | Road Improvements - Trumbull | $ | 12,282 | 37045 | |||
| CAP-143 | Liquid Crystals | $ | 114,319 | 37046 | |||
| CAP-144 | Instruction and Data Processing Equipment | $ | 1,994,905 | 37047 | |||
| CAP-154 | Separation Science | $ | 1,497 | 37048 | |||
| CAP-156 | Boiler Plant Controls and Building Alterations | $ | 6,738 | 37049 | |||
| CAP-159 | Electrical Substation/Fiber Optic Network | $ | 6,526 | 37050 | |||
| CAP-162 | Science and Technology Building - Trumbull | $ | 125,374 | 37051 | |||
| CAP-164 | ADA Modifications - Ashtabula | $ | 6,772 | 37052 | |||
| CAP-167 | ADA Modifications - Salem | $ | 5,312 | 37053 | |||
| CAP-173 | Child Care Facility | $ | 18,650 | 37054 | |||
| CAP-176 | Midway Drive Utilities Tunnel - II | $ | 1,522 | 37055 | |||
| CAP-184 | Distributed Computation/Visualization | $ | 33,833 | 37056 | |||
| CAP-188 | Child Care Funds - East Liverpool | $ | 90,000 | 37057 | |||
| CAP-189 | Child Care Funds - Tuscarawas | $ | 19,847 | 37058 | |||
| CAP-190 | Child Care Funds - Ashtabula | $ | 12,500 | 37059 | |||
| CAP-194 | Child Care - Salem | $ | 100,000 | 37060 | |||
| CAP-195 | Child Care - Geauga | $ | 20,666 | 37061 | |||
| CAP-196 | Technology Improvements - Ashtabula | $ | 216,911 | 37062 | |||
| CAP-198 | Technology Improvements - Salem | $ | 5,648 | 37063 | |||
| CAP-199 | Technology Improvements - Trumbull | $ | 69,205 | 37064 | |||
| CAP-200 | Technology Improvements - Tuscarawas | $ | 18,638 | 37065 | |||
| CAP-206 | Child Care Facility | $ | 2,637 | 37066 | |||
| CAP-207 | Kent Hall Planning and Addition | $ | 156,000 | 37067 | |||
| CAP-210 | Rooftop Air Handler | $ | 600 | 37068 | |||
| CAP-212 | Technology Building and Parking | $ | 2,406,053 | 37069 | |||
| CAP-220 | Campus Steam System Evaluation & Upgrade | $ | 58,034 | 37070 | |||
| CAP-226 | GIS Technology | $ | 1,637 | 37071 | |||
| CAP-227 | 3D Microscopy Imaging | $ | 81,194 | 37072 | |||
| CAP-228 | Exterior Site Improvements | $ | 2,159 | 37073 | |||
| CAP-232 | Ohio NMR Consortium | $ | 80,800 | 37074 | |||
| CAP-233 | Environmental Technology Consortium | $ | 56,850 | 37075 | |||
| CAP-234 | Terrace Drive Heating Plant Rehabilitation I | $ | 12,161 | 37076 | |||
| CAP-235 | Rehabilitation of Franklin Hall - Planning | $ | 11,887,383 | 37077 | |||
| CAP-237 | Classroom Building Interior Renovation - Tuscarawas | $ | 21,923 | 37078 | |||
| CAP-239 | Classroom Building Roof, Coping, Fascia Restoration | $ | 581,919 | 37079 | |||
| CAP-241 | Main Hall Selective Interior Renovations - Phase 1 | $ | 1,338 | 37080 | |||
| CAP-243 | Classroom Building Interior Renovations - East Liverpool | $ | 113,456 | 37081 | |||
| CAP-246 | Tuscarawas Wing C Penthouse Roof Replacement | $ | 83,560 | 37082 | |||
| CAP-248 | Mary Patterson Building Boiler Replacement | $ | 3,473 | 37083 | |||
| CAP-252 | Ohio Organic Semiconductor | $ | 73,412 | 37084 | |||
| CAP-254 | Theoretical Liquid Crystal Physics | $ | 500,000 | 37085 | |||
| CAP-255 | Music & Speech - HVAC/Chiller Replacement | $ | 27,264 | 37086 | |||
| CAP-256 | Stockdale Electrical System Upgrade | $ | 814 | 37087 | |||
| CAP-258 | Business Administration Air Handling Unit and Roof Replacement | $ | 8,687 | 37088 | |||
| CAP-260 | Land Acquisitions & Improvements - East Liverpool | $ | 638,419 | 37089 | |||
| CAP-261 | Addition/Renovation Classrooms - Geauga | $ | 246,878 | 37090 | |||
| CAP-262 | Gym Renovation Planning - Salem | $ | 490,213 | 37091 | |||
| CAP-265 | Science Lab Addition - Trumbull | $ | 991,786 | 37092 | |||
| CAP-266 | Fine & Performing Arts Center - Tuscarawas | $ | 844,655 | 37093 | |||
| CAP-267 | Columbiana County Port Authority | $ | 13,125 | 37094 | |||
| CAP-268 | Canton Convention Center | $ | 735,000 | 37095 | |||
| CAP-269 | Blossom Music Center | $ | 2,512,500 | 37096 | |||
| CAP-270 | Geauga Science Laboratories | $ | 36,880 | 37097 | |||
| Total Kent State University | $ | 31,628,070 | 37098 | ||||
| REHABILITATION OF FRANKLIN HALL | 37099 |
| The amount reappropriated for the foregoing appropriation | 37100 |
| item CAP-235, Rehabilitation of Franklin Hall - Planning, is the | 37101 |
| unencumbered and unallotted balance as of June 30, 2006, | 37102 |
| appropriation item CAP-235, Rehabilitation of Franklin Hall - | 37103 |
| Planning, plus $38,917. | 37104 |
| Reappropriations |
| Section 252.60. MUN MIAMI UNIVERSITY | 37105 |
| CAP-018 | Basic Renovations | $ | 4,616,362 | 37106 | |||
| CAP-066 | Basic Renovations - Hamilton | $ | 514,779 | 37107 | |||
| CAP-069 | Basic Renovations - Middletown | $ | 683,071 | 37108 | |||
| CAP-081 | Cooperative Regional Library Depository SW | $ | 2,546 | 37109 | |||
| CAP-083 | Campus Avenue Building Renovation | $ | 26,794 | 37110 | |||
| CAP-085 | Alumni Hall Rehabilitation - Phase I | $ | 972 | 37111 | |||
| CAP-088 | Hoyt Hall Rehabilitation | $ | 7,339 | 37112 | |||
| CAP-089 | High Voltage Electric | $ | 351,155 | 37113 | |||
| CAP-096 | McGuffey Hall Rehabilitation | $ | 52,271 | 37114 | |||
| CAP-098 | Computer Network Installation | $ | 17,589 | 37115 | |||
| CAP-099 | King Library Rehabilitation | $ | 1,865 | 37116 | |||
| CAP-103 | ADA Modifications - Middletown | $ | 2,798 | 37117 | |||
| CAP-105 | Plant Response/Environmental Stress | $ | 72,641 | 37118 | |||
| CAP-109 | Molecular Microbial Biology | $ | 67,500 | 37119 | |||
| CAP-110 | Micromachining Technology | $ | 507,540 | 37120 | |||
| CAP-112 | Chilled Water Loop Phase I - Hamilton | $ | 5,954 | 37121 | |||
| CAP-113 | Special Academic/Administrative Projects - Hamilton | $ | 663,199 | 37122 | |||
| CAP-115 | Special Academic/Administrative Projects - Middletown | $ | 735,287 | 37123 | |||
| CAP-121 | Southwestern Book Depository | $ | 150,820 | 37124 | |||
| CAP-123 | Phillips Hall Rehabilitation | $ | 127,297 | 37125 | |||
| CAP-127 | Campus Steam Distribution - Phase I | $ | 1,820,046 | 37126 | |||
| CAP-130 | MacMillan Rehabilitation/Multicultural Center | $ | 1,500 | 37127 | |||
| CAP-131 | Miami University Learning Center | $ | 1,001,515 | 37128 | |||
| CAP-132 | Mass Spectrum Consortium | $ | 14,590 | 37129 | |||
| CAP-143 | Warfield Hall Rehabilitation | $ | 61,104 | 37130 | |||
| CAP-145 | Campus Chilled Water Efficiency | $ | 816,587 | 37131 | |||
| CAP-146 | Information Technology System Upgrade | $ | 1,363,490 | 37132 | |||
| CAP-149 | Parrish Auditorium Rehabilitation | $ | 625,000 | 37133 | |||
| CAP-155 | Protein Solution Structural Analysis | $ | 500,000 | 37134 | |||
| CAP-156 | Teraherta Spectroscopysystem | $ | 100,000 | 37135 | |||
| CAP-157 | Presser Hall Rehabilitation | $ | 3,015,740 | 37136 | |||
| CAP-159 | DNA Sequencing | $ | 93,552 | 37137 | |||
| Total Miami University | $ | 18,020,903 | 37138 | ||||
| BASIC RENOVATIONS | 37139 |
| The amount reappropriated for the foregoing appropriation | 37140 |
| item CAP-018, Basic Renovations, is the sum of the unencumbered | 37141 |
| and unallotted balances as of June 30, 2006, in appropriation | 37142 |
| items CAP-018, Basic Renovations; CAP-111, Roudebush Hall | 37143 |
| Rehabilitation; and CAP-117, North Campus Refrigeration/Chilled | 37144 |
| Water. | 37145 |
| Reappropriations |
| Section 252.70. OSU OHIO STATE UNIVERSITY | 37146 |
| CAP-074 | Basic Renovations | $ | 19,255,664 | 37147 | |||
| CAP-149 | Basic Renovations - Regional Campuses | $ | 2,083,163 | 37148 | |||
| CAP-198 | Brown Hall Annex Replacement | $ | 6,213 | 37149 | |||
| CAP-254 | Basic Renovations - ATI | $ | 127,444 | 37150 | |||
| CAP-255 | Supplemental Renovations - OARDC | $ | 2,826,343 | 37151 | |||
| CAP-256 | Supplemental Renovations - Regional | $ | 191,955 | 37152 | |||
| CAP-258 | Dreese Lab Addition | $ | 12,340 | 37153 | |||
| CAP-261 | Bioscience/Parks Hall Addition | $ | 12,584 | 37154 | |||
| CAP-269 | Greenhouse Modernization | $ | 40,982 | 37155 | |||
| CAP-271 | Horticulture/Entomology Greenhouse - OARDC | $ | 15,344 | 37156 | |||
| CAP-292 | Life Sciences Research Building | $ | 202,898 | 37157 | |||
| CAP-302 | Food Science & Technology Building | $ | 89,990 | 37158 | |||
| CAP-306 | Heart & Lung Institute | $ | 32,437 | 37159 | |||
| CAP-311 | Superconducting Radiation | $ | 65,094 | 37160 | |||
| CAP-313 | Brain Tumor Research Center | $ | 6,001 | 37161 | |||
| CAP-314 | Engineering Center Net Shape Manufacturing | $ | 20,730 | 37162 | |||
| CAP-315 | Membrane Protein Typology | $ | 8,835 | 37163 | |||
| CAP-316 | Instructional and Data Processing Equipment | $ | 198,844 | 37164 | |||
| CAP-321 | Fine Particle Technologies | $ | 157,936 | 37165 | |||
| CAP-323 | Advanced Plasma Engineering | $ | 22,379 | 37166 | |||
| CAP-324 | Plasma Ramparts | $ | 1,150 | 37167 | |||
| CAP-326 | IN-SITU AL-BE Composites | $ | 1,733 | 37168 | |||
| CAP-335 | Jay Cooke Residence - Roof and Windows | $ | 86,668 | 37169 | |||
| CAP-347 | Asbestos Abatement | $ | 5,325 | 37170 | |||
| CAP-349 | Materials Network | $ | 91,983 | 37171 | |||
| CAP-350 | Bio-Technology Consortium | $ | 42,378 | 37172 | |||
| CAP-352 | Analytical Electron Microscope | $ | 375,000 | 37173 | |||
| CAP-353 | High Temp Alloys & Alluminoids | $ | 220,000 | 37174 | |||
| CAP-357 | Supplemental Renovations - ATI | $ | 33,969 | 37175 | |||
| CAP-361 | Maintenance, Receiving, and Storage Facility - Marion | $ | 58,646 | 37176 | |||
| CAP-362 | McPherson Lab Rehabilitation | $ | 10,278 | 37177 | |||
| CAP-368 | Heart and Lung Institute | $ | 101,808 | 37178 | |||
| CAP-374 | ADA Modifications | $ | 178,870 | 37179 | |||
| CAP-375 | ADA Modifications - ATI | $ | 41,936 | 37180 | |||
| CAP-376 | ADA Modifications - Lima | $ | 95,538 | 37181 | |||
| CAP-377 | ADA Modifications - Mansfield | $ | 15,253 | 37182 | |||
| CAP-387 | Titanium Alloys | $ | 54,912 | 37183 | |||
| CAP-394 | ATI/OARDC Roof Replacements | $ | 13,913 | 37184 | |||
| CAP-398 | Advanced Manufacturing | $ | 38,579 | 37185 | |||
| CAP-399 | Manufacturing Processes/Materials | $ | 62,574 | 37186 | |||
| CAP-401 | Terhertz Studies | $ | 35,294 | 37187 | |||
| CAP-406 | Marion Park/Road/Sidewalk/Lights | $ | 2,750 | 37188 | |||
| CAP-413 | Pomerene Lighting/Wiring | $ | 249,584 | 37189 | |||
| CAP-419 | NMR Consortium | $ | 75,116 | 37190 | |||
| CAP-420 | Versatile Film Facility | $ | 62,872 | 37191 | |||
| CAP-421 | OCARNET | $ | 5,916 | 37192 | |||
| CAP-422 | Bioprocessing Research | $ | 1,905 | 37193 | |||
| CAP-423 | Localized Corrosion Research | $ | 6,128 | 37194 | |||
| CAP-424 | ATM Testbed | $ | 3,633 | 37195 | |||
| CAP-425 | Physical Sciences Building | $ | 27,748 | 37196 | |||
| CAP-427 | Morrill Hall Remodeling - Vacated Library Space - Marion | $ | 1,347,191 | 37197 | |||
| CAP-431 | Sisson Hall Replacement | $ | 5,571 | 37198 | |||
| CAP-436 | Machinery Acoustics | $ | 3,804 | 37199 | |||
| CAP-439 | Sensors and Measurements | $ | 15,115 | 37200 | |||
| CAP-440 | Polymer Magnets | $ | 1,099 | 37201 | |||
| CAP-458 | A1 Alloy Corrosion | $ | 14,292 | 37202 | |||
| CAP-484 | Page Hall Planning | $ | 7,210 | 37203 | |||
| CAP-485 | Botany & Zoology Building Planning | $ | 207,932 | 37204 | |||
| CAP-486 | Larkins Hall Addition/Renovation Planning | $ | 26,206 | 37205 | |||
| CAP-487 | Robinson Laboratory Planning | $ | 149,100 | 37206 | |||
| CAP-488 | Don Scott Field Replacement Barns | $ | 1,495,619 | 37207 | |||
| CAP-489 | Galvin Hall 3rd Floor Renovation - Lima | $ | 22,135 | 37208 | |||
| CAP-491 | Horticultural Operations Center - ATI | $ | 1,474,400 | 37209 | |||
| CAP-492 | OARDC Feed Mill | $ | 5,598,644 | 37210 | |||
| CAP-499 | Biological Sciences Cooling Tower | $ | 6,930 | 37211 | |||
| CAP-509 | Mount Hall HVAC Modifications | $ | 40,982 | 37212 | |||
| CAP-519 | Ohio Biomedical Consortium on Medical Therapeutic Micro Devices | $ | 49,275 | 37213 | |||
| CAP-520 | Plant and Microbe Functional Genomics Facilities | $ | 16,259 | 37214 | |||
| CAP-523 | Consortium for Novem Microfabrications Methods of Medical Devices in Non-Silicon Materials | $ | 193,886 | 37215 | |||
| CAP-524 | Bone & Mineral Metabolism Research Lab | $ | 5,845 | 37216 | |||
| CAP-531 | Animal & Plant Biology Level 3 | $ | 8,133,780 | 37217 | |||
| CAP-534 | Main Library Rehabilitation | $ | 9,320,846 | 37218 | |||
| CAP-535 | Psychology Building | $ | 2,128,529 | 37219 | |||
| CAP-536 | Thorne Hall and Gowley Hall Renovations - Phase 3 | $ | 199,799 | 37220 | |||
| CAP-539 | Nanosecond Infrared Measurement | $ | 2,588 | 37221 | |||
| CAP-550 | Millimeter/Submillimeter Instrument | $ | 5,919 | 37222 | |||
| CAP-552 | X-Ray Powder Diffractometer | $ | 558 | 37223 | |||
| CAP-554 | Deconvolution Microscope | $ | 1,101 | 37224 | |||
| CAP-556 | Heart/Lung Institute Animal Facility | $ | 13,140 | 37225 | |||
| CAP-564 | Denney Hall Renovation - Phase I | $ | 18,495 | 37226 | |||
| CAP-565 | Ion Mass Spectrometry | $ | 6,594 | 37227 | |||
| CAP-568 | Role of Molecular Interfaces | $ | 17,554 | 37228 | |||
| CAP-572 | New Millimeter Spectrometer | $ | 714 | 37229 | |||
| CAP-574 | Noncredit Job Training - Marion | $ | 2,933 | 37230 | |||
| CAP-576 | 1224 Kinnear Road - Bale | $ | 11,722 | 37231 | |||
| CAP-577 | Non-Silicon Micromachining | $ | 73,991 | 37232 | |||
| CAP-579 | Veterinary Hospital Auditorium Renovation | $ | 7,736 | 37233 | |||
| CAP-586 | Electroscience Lab Renovation | $ | 5,853 | 37234 | |||
| CAP-587 | OARDC Boiler Replacement | $ | 622,757 | 37235 | |||
| CAP-590 | Supercomputer Center Expansion | $ | 6,804,275 | 37236 | |||
| CAP-596 | Information Literacy | $ | 135,574 | 37237 | |||
| CAP-597 | Online Business Major | $ | 5,768 | 37238 | |||
| CAP-599 | Renovation of Graves Hall | $ | 68,196 | 37239 | |||
| CAP-602 | OARDC Wooster Phone System Replacement | $ | 467,398 | 37240 | |||
| CAP-605 | Utility - North Tunnel Steamline Upgrade | $ | 111,981 | 37241 | |||
| CAP-608 | Dual Beam Characterization | $ | 150,000 | 37242 | |||
| CAP-616 | Environmental Technology Consortium | $ | 11,297 | 37243 | |||
| CAP-617 | Campbell, University, and Evans Hall | $ | 87,439 | 37244 | |||
| CAP-620 | School of Music - Planning | $ | 1,500 | 37245 | |||
| CAP-622 | Western Branch Headquarters & Machinery Building | $ | 779,525 | 37246 | |||
| CAP-624 | Muck Crops Branch/Shop Building Replacement | $ | 756,336 | 37247 | |||
| CAP-625 | Hazardous Waste Handling/Storage Building | $ | 1,103,062 | 37248 | |||
| CAP-626 | Agriculture/Engineering Building Renovation & Addition | $ | 200,000 | 37249 | |||
| CAP-628 | Wood County Center for Agriculture | $ | 1,000,000 | 37250 | |||
| CAP-629 | Community Heritage Art Gallery - Lima | $ | 100,000 | 37251 | |||
| CAP-631 | Health Psychology | $ | 250,000 | 37252 | |||
| CAP-632 | Nanotechnology Molecular Assembly | $ | 500,000 | 37253 | |||
| CAP-633 | Networking and Communication | $ | 500,000 | 37254 | |||
| CAP-634 | Planetary Gear | $ | 125,000 | 37255 | |||
| CAP-635 | X-Ray Fluorenscence Spectrometer | $ | 2,283 | 37256 | |||
| CAP-636 | Precision Navigation | $ | 85,000 | 37257 | |||
| CAP-637 | Welding & Metal Working | $ | 200,000 | 37258 | |||
| CAP-638 | Spin Driven Electronics | $ | 6,436 | 37259 | |||
| CAP-639 | Inductively Coupled Plasma Etching | $ | 126,729 | 37260 | |||
| CAP-641 | Accelerated Metals | $ | 1,020,331 | 37261 | |||
| CAP-642 | Mathematical Biosciences Institute | $ | 54,863 | 37262 | |||
| CAP-646 | Mershon Auditorium HVAC System Improvements | $ | 2,098 | 37263 | |||
| CAP-647 | Molecular Microdevices | $ | 14,033 | 37264 | |||
| CAP-648 | Research Center HVAC System Improvements | $ | 17,088 | 37265 | |||
| CAP-649 | Infrared Absorption Measurements | $ | 2,899 | 37266 | |||
| CAP-650 | Dark Fiber | $ | 3,983,440 | 37267 | |||
| CAP-651 | Shared Data Backup System | $ | 20,922 | 37268 | |||
| CAP-653 | Third Frontier Network Testbed | $ | 280,564 | 37269 | |||
| CAP-654 | Distributed Learning Workshop | $ | 270,000 | 37270 | |||
| CAP-656 | Accelerated Maturation of Materials | $ | 209,702 | 37271 | |||
| CAP-657 | Nanoscale Polymers Manufacturing | $ | 629,699 | 37272 | |||
| CAP-658 | Hydrogen Production and Storage | $ | 32,396 | 37273 | |||
| CAP-659 | Ohio Organic Semiconductor | $ | 367,587 | 37274 | |||
| CAP-663 | Comprehensive Cancer - Chiller Replacement | $ | 42,687 | 37275 | |||
| CAP-664 | Kottman Hall - 103 Central Classroom | $ | 19,285 | 37276 | |||
| CAP-668 | West Campus Chilled Water & Scott Hall | $ | 16,139 | 37277 | |||
| CAP-669 | McCracken Power Plant Spill Control | $ | 268,508 | 37278 | |||
| CAP-670 | Glacial Assessment | $ | 22,764 | 37279 | |||
| CAP-672 | Chemical Vapor Deposition | $ | 13,500 | 37280 | |||
| CAP-674 | Parks Hall Chiller Replacement | $ | 135,360 | 37281 | |||
| CAP-675 | Hybrid Electric Vehicle Modeling | $ | 504,536 | 37282 | |||
| CAP-676 | Computational Nanotechnology | $ | 500,000 | 37283 | |||
| CAP-677 | Townshend Hall - Roof Replacement | $ | 328,772 | 37284 | |||
| CAP-678 | Center For Materials Design | $ | 1,037 | 37285 | |||
| CAP-681 | Vet Hospital Roof Replacement Phase II | $ | 85,645 | 37286 | |||
| CAP-682 | Hopkins Hall Phase II Priorities I, II | $ | 108,052 | 37287 | |||
| CAP-683 | Bioscience 6th Floor Renovation - Priority | $ | 983,186 | 37288 | |||
| CAP-684 | Ohio Commons For Digital Education | $ | 118,924 | 37289 | |||
| CAP-685 | Postle Hall Fire Alarm Replacement | $ | 116,441 | 37290 | |||
| CAP-686 | NonCredit Job Education & Training | $ | 21,104 | 37291 | |||
| CAP-687 | Campus South Dorms Renovation/Improvements | $ | 950,000 | 37292 | |||
| CAP-688 | Bricker Hall Roof Replacement | $ | 23,123 | 37293 | |||
| CAP-694 | Neuroscience Center Core | $ | 193,991 | 37294 | |||
| CAP-696 | Campus Grounds-Exterior Lighting - Phase VIII | $ | 33,814 | 37295 | |||
| CAP-697 | 930 Kinnear Road Renovations | $ | 773,303 | 37296 | |||
| CAP-698 | Waterman Lab & Don Scott Field | $ | 652,752 | 37297 | |||
| CAP-699 | Lincoln Tower Renovations - Phase 1 | $ | 477,626 | 37298 | |||
| CAP-700 | Coe Corrosion Coop | $ | 58,750 | 37299 | |||
| CAP-701 | OSU Cancer Program Expansion | $ | 2,000,000 | 37300 | |||
| CAP-702 | Smith Laboratory Rehabilitation | $ | 2,800,000 | 37301 | |||
| CAP-704 | Warner Library and Student Center | $ | 1,789,324 | 37302 | |||
| CAP-705 | Hopewell Hall Science Suite | $ | 508,408 | 37303 | |||
| CAP-706 | Atomic Force Microscopy | $ | 180,000 | 37304 | |||
| CAP-707 | Interactive Applications | $ | 463,018 | 37305 | |||
| CAP-712 | OSU Mansfield - Third Street Project | $ | 234,000 | 37306 | |||
| CAP-714 | Health Psychology | $ | 150,000 | 37307 | |||
| CAP-716 | Ohio Bioproducts Innovation Center | $ | 9,689,847 | 37308 | |||
| CAP-717 | Center for Materials Design | $ | 602,615 | 37309 | |||
| CAP-718 | Specialized Planetary Gears | $ | 150,000 | 37310 | |||
| CAP-719 | OSU Agricultural Building | $ | 1,500,000 | 37311 | |||
| CAP-720 | Automated Afm System | $ | 180,000 | 37312 | |||
| CAP-721 | Integrated Wireless Communication | $ | 141,000 | 37313 | |||
| Total Ohio State University | $ | 105,955,671 | 37314 | ||||
| BASIC RENOVATIONS | 37315 |
| The amount reappropriated for the foregoing appropriation | 37316 |
| item CAP-074, Basic Renovations, is the sum of the unencumbered | 37317 |
| and unallotted balance as of June 30, 2006, in appropriation item | 37318 |
| CAP-074, Basic Renovations, plus $6,927. | 37319 |
| OARDC THORNE & GOURLEY HALL | 37320 |
| The amount reappropriated for the foregoing appropriation | 37321 |
| item CAP-274, OARDC Thorne & Gourley Hall shall be $1,007. | 37322 |
| WOOD COUNTY CENTER FOR AGRICULTURE | 37323 |
| Of the foregoing appropriation item CAP-628, Wood County | 37324 |
| Center for Agriculture, up to $300,000 shall be used for building | 37325 |
| renovations to the OSU Extension Office/Ag Business Enhancement | 37326 |
| Center. | 37327 |
| Reappropriations |
| Section 252.80. OHU OHIO UNIVERSITY | 37328 |
| CAP-020 | Basic Renovations | $ | 3,869,311 | 37329 | |||
| CAP-021 | Conservancy District Assessment | $ | 8,807 | 37330 | |||
| CAP-086 | Memorial Auditorium Rehabilitation | $ | 10,033 | 37331 | |||
| CAP-095 | Basic Renovations - Eastern | $ | 492,525 | 37332 | |||
| CAP-099 | Basic Renovations - Zanesville | $ | 164,438 | 37333 | |||
| CAP-113 | Basic Renovations - Chillicothe | $ | 393,668 | 37334 | |||
| CAP-114 | Basic Renovations - Ironton | $ | 209,359 | 37335 | |||
| CAP-115 | Bennett Hall HVAC/Lab - Chillicothe | $ | 214,952 | 37336 | |||
| CAP-117 | Porter Hall Rehabilitation | $ | 26,531 | 37337 | |||
| CAP-119 | Biomedical Research Center | $ | 10,120 | 37338 | |||
| CAP-120 | Ridges Auditorium Rehabilitation | $ | 1,177 | 37339 | |||
| CAP-136 | Gymnasium Development - Eastern | $ | 89,067 | 37340 | |||
| CAP-141 | College of Health and Human Services | $ | 8,693 | 37341 | |||
| CAP-142 | Health Professions Labs - Phase I | $ | 66,354 | 37342 | |||
| CAP-145 | Asbestos Abatement | $ | 5,094 | 37343 | |||
| CAP-148 | RTVC Building Asbestos Abatement | $ | 1,037 | 37344 | |||
| CAP-152 | Gordy Hall Addition and Rehabilitation | $ | 940 | 37345 | |||
| CAP-155 | Brasee Hall Rehabilitation - Lancaster | $ | 73,635 | 37346 | |||
| CAP-157 | ADA Modifications | $ | 13,425 | 37347 | |||
| CAP-160 | ADA Modifications - Ironton | $ | 9,113 | 37348 | |||
| CAP-161 | ADA Modifications - Lancaster | $ | 20,345 | 37349 | |||
| CAP-164 | Southeast Library Warehouse | $ | 85,367 | 37350 | |||
| CAP-172 | Elson Hall Rehabilitation - Zanesville | $ | 359,572 | 37351 | |||
| CAP-183 | Central Classroom Building | $ | 36,595 | 37352 | |||
| CAP-186 | Ellis Hall Partial Renovation | $ | 7,080 | 37353 | |||
| CAP-189 | Conference Center Planning - Lancaster | $ | 500,358 | 37354 | |||
| CAP-190 | Center for Public Policy | $ | 29,589 | 37355 | |||
| CAP-191 | District Water Cooling | $ | 17,030 | 37356 | |||
| CAP-192 | Plant and Microbe Functional Genomics Facilities | $ | 38,358 | 37357 | |||
| CAP-200 | Building Acquisition/Renovation - Eastern | $ | 373,182 | 37358 | |||
| CAP-202 | Putnam Hall Rehabilitation | $ | 3,507 | 37359 | |||
| CAP-206 | Human Resources Training Center | $ | 1,116 | 37360 | |||
| CAP-208 | Student Services | $ | 15,278 | 37361 | |||
| CAP-209 | Creativity Through Technology | $ | 147,891 | 37362 | |||
| CAP-212 | Exterior Site Improvement | $ | 23,436 | 37363 | |||
| CAP-213 | Daycare Center | $ | 447,950 | 37364 | |||
| CAP-214 | Science/Fine Arts Renovation - Phase 2 | $ | 874,713 | 37365 | |||
| CAP-215 | Land-Use Plan/Future Development | $ | 5,100 | 37366 | |||
| CAP-219 | Mainframe Computing Alliance | $ | 10,000 | 37367 | |||
| CAP-221 | Tunnel 5 Rehabilitation | $ | 68,344 | 37368 | |||
| CAP-222 | Clippinger Lab Planning | $ | 112,709 | 37369 | |||
| CAP-223 | Alden Library Planning | $ | 150,000 | 37370 | |||
| CAP-224 | University Center Replacement | $ | 113,900 | 37371 | |||
| CAP-225 | Lausche Heating Plant | $ | 1,580,338 | 37372 | |||
| CAP-226 | New Grounds Maintenance Building | $ | 259,064 | 37373 | |||
| CAP-227 | Chillicothe Parking & Roadway | $ | 480,000 | 37374 | |||
| CAP-228 | Shoemaker Center Air Conditioning | $ | 271,000 | 37375 | |||
| CAP-230 | Kettering Medical Center - Nixon | $ | 450,000 | 37376 | |||
| CAP-232 | Child Care Matching Grant | $ | 221,987 | 37377 | |||
| Total Ohio University | $ | 12,372,088 | 37378 | ||||
| BASIC RENOVATIONS | 37379 |
| The amount reappropriated for the foregoing appropriation | 37380 |
| item CAP-020, Basic Renovations, is the sum of the unencumbered | 37381 |
| and unallotted balance as of June 30, 2006, in appropriation item | 37382 |
| CAP-020, Basic Renovations, plus $25,204. | 37383 |
| HEALTH PROFESSIONAL LABS - PHASE 1 | 37384 |
| The amount reappropriated for the foregoing appropriation | 37385 |
| item CAP-142, Health Professions Labs - Phase 1, is the sum of the | 37386 |
| unencumbered and unallotted balance as of June 30, 2006, in | 37387 |
| appropriation item CAP-142, Health Professions LABS - Phase 1, | 37388 |
| plus $33,046. | 37389 |
| GORDY HALL ADDITION & REHABILITATION | 37390 |
| The amount reappropriated for the foregoing appropriation | 37391 |
| item CAP-152, Gordy Hall Addition & Rehabilitation, is the sum of | 37392 |
| the unencumbered and unallotted balance as of June 30, 2006, in | 37393 |
| appropriation item CAP-152, Gordy Hall Addition & Rehabilitation, | 37394 |
| plus $12,650. | 37395 |
| CENTER FOR PUBLIC POLICY | 37396 |
| The amount reappropriated for the foregoing appropriation | 37397 |
| item CAP-190, Center for Public Policy, is the sum of the | 37398 |
| unencumbered and unallotted balance as of June 30, 2006, in | 37399 |
| appropriation item CAP-190, Center for Public Policy, plus $3,255. | 37400 |
| PUTNAM HALL REHABILITATION | 37401 |
| The amount reappropriated for the foregoing appropriation | 37402 |
| item CAP-202, Putnam Hall Rehabilitation, is the sum of the | 37403 |
| unencumbered and unallotted balance as of June 30, 2006, in | 37404 |
| appropriation item CAP-202, Putnam Hall Rehabilitation, plus | 37405 |
| $5,482. | 37406 |
| Reappropriations |
| Section 252.90. SSC SHAWNEE STATE UNIVERSITY | 37407 |
| CAP-004 | Basic Renovations | $ | 612,759 | 37408 | |||
| CAP-008 | Massie Hall Renovation | $ | 33,186 | 37409 | |||
| CAP-010 | Land Acquisition | $ | 56,267 | 37410 | |||
| CAP-016 | Library Building | $ | 10,777 | 37411 | |||
| CAP-017 | Math/Science Building | $ | 10,065 | 37412 | |||
| CAP-029 | Fine Arts Class and Lab Building | $ | 108,704 | 37413 | |||
| CAP-030 | Utilities and Landscaping | $ | 4,679 | 37414 | |||
| CAP-037 | ADA Modifications | $ | 53,188 | 37415 | |||
| CAP-039 | Central Heating Plant Replacement | $ | 7,665 | 37416 | |||
| CAP-040 | Chiller Replacement | $ | 12,054 | 37417 | |||
| CAP-041 | Kricker Hall Renovation | $ | 1,932 | 37418 | |||
| CAP-042 | Sidewalk/Plaza Replacement | $ | 250,276 | 37419 | |||
| CAP-043 | Communication/Data Upgrade | $ | 23,079 | 37420 | |||
| CAP-044 | Land Acquisition | $ | 571,511 | 37421 | |||
| CAP-045 | Rehabilitation of Health Sciences Building - Phase I | $ | 122,189 | 37422 | |||
| CAP-046 | Digital Infrastructure | $ | 55,803 | 37423 | |||
| CAP-047 | Natatorium Rehabilitation | $ | 21,987 | 37424 | |||
| CAP-048 | Facilities Building Renovation | $ | 223,120 | 37425 | |||
| CAP-051 | Rhodes Center Rehabilitation | $ | 1,315,586 | 37426 | |||
| Total Shawnee State University | $ | 3,494,827 | 37427 | ||||
| LAND ACQUISITION | 37428 |
| The amount reappropriated for the foregoing appropriation | 37429 |
| item CAP-010, Land Acquisition, is the sum of the unencumbered and | 37430 |
| unallotted balance as of June 30, 2006, in appropriation item | 37431 |
| CAP-010, Land Acquisition, plus $1,150. | 37432 |
| PLAZA/ROAD/LANDSCAPING | 37433 |
| The amount reappropriated for the foregoing appropriation | 37434 |
| item CAP-035, Plaza/Road/Landscaping, shall be $24,522. | 37435 |
| Reappropriations |
| Section 253.10. UTO UNIVERSITY OF TOLEDO | 37436 |
| CAP-010 | Basic Renovations | $ | 6,069,480 | 37437 | |||
| CAP-073 | ADA Modifications | $ | 2,434 | 37438 | |||
| CAP-077 | Tribology | $ | 192,296 | 37439 | |||
| CAP-083 | Bowman-Oddy Rehabilitation - Phase 2 | $ | 32,196 | 37440 | |||
| CAP-091 | Greenhouse Improvements | $ | 11,675 | 37441 | |||
| CAP-094 | Plant Operations Renovation | $ | 450,000 | 37442 | |||
| CAP-096 | Health & Human Services Rehabilitation - Phase I | $ | 327,288 | 37443 | |||
| CAP-105 | Gillham Hall Rehabilitation | $ | 2,999,373 | 37444 | |||
| CAP-109 | Student Services | $ | 70,929 | 37445 | |||
| CAP-110 | Distributed Learning Courses | $ | 858 | 37446 | |||
| CAP-112 | Campus Signage Improvements | $ | 185,572 | 37447 | |||
| CAP-115 | Palmer Hall - 3rd Floor Classroom Renovations | $ | 4,879 | 37448 | |||
| CAP-116 | Bowman-Oddy-North Wing Renovations | $ | 695,909 | 37449 | |||
| CAP-121 | Emergency Phone System Upgrades | $ | 29,895 | 37450 | |||
| CAP-122 | Bowman-Oddy Instructional Labs | $ | 1,080,000 | 37451 | |||
| CAP-125 | University Computer Center Roof Replacement | $ | 19,000 | 37452 | |||
| CAP-126 | Health & Human Services South Roof Replacement | $ | 11,481 | 37453 | |||
| CAP-127 | Westwood Building Rehabilitation | $ | 4,107,000 | 37454 | |||
| CAP-128 | Rocket Hall Renovation | $ | 813,000 | 37455 | |||
| CAP-129 | Science - Lab Building | $ | 3,006,304 | 37456 | |||
| CAP-130 | Rehabilitate/Expand Classroom Building | $ | 2,200,000 | 37457 | |||
| Total University of Toledo | $ | 22,309,569 | 37458 | ||||
| HEALTH AND HUMAN SERVICES REHABILITATION - PHASE I | 37459 |
| The amount reappropriated for the foregoing appropriation | 37460 |
| item CAP-096, Health & Human Services Rehabilitation - Phase I, is | 37461 |
| the sum of the unencumbered and unallotted balance as of June 30, | 37462 |
| 2006, in appropriation item CAP-096, Health & Human Services | 37463 |
| Rehabilitation - Phase I, plus $19,808.11. | 37464 |
| Reappropriations |
| Section 253.20. WSU WRIGHT STATE UNIVERSITY | 37465 |
| CAP-015 | Basic Renovations | $ | 2,646,778 | 37466 | |||
| CAP-064 | Basic Renovations - Lake | $ | 98,582 | 37467 | |||
| CAP-080 | Library Access Consolidation System | $ | 4,400,080 | 37468 | |||
| CAP-093 | Information Technology Center | $ | 23,860 | 37469 | |||
| CAP-102 | Specialized Communication | $ | 7,791 | 37470 | |||
| CAP-114 | Environmental Technology Consortium | $ | 6,298 | 37471 | |||
| CAP-116 | Rike Hall Renovation - Planning | $ | 2,200,000 | 37472 | |||
| CAP-117 | Electrical Infrastructure - Phase 1 | $ | 305,296 | 37473 | |||
| CAP-119 | Science Lab Renovations - Planning | $ | 5,898,819 | 37474 | |||
| CAP-120 | Lake Campus University Center | $ | 2,007,909 | 37475 | |||
| CAP-122 | Accelerated Maturation of Materials | $ | 26,621 | 37476 | |||
| CAP-124 | Video Analysis Content Extraction | $ | 81,834 | 37477 | |||
| CAP-127 | Rehabilitate Festival Playhouse | $ | 440,000 | 37478 | |||
| CAP-128 | Glenn Helen Preserve Eco Art Classroom | $ | 25,000 | 37479 | |||
| CAP-130 | Creative Arts HVAC Upgrade | $ | 5,300 | 37480 | |||
| CAP-131 | Advanced Data Manager | $ | 250,000 | 37481 | |||
| CAP-132 | Montgomery County Port Authority | $ | 1,000,000 | 37482 | |||
| Total Wright State University | $ | 19,424,168 | 37483 | ||||
| BASIC RENOVATIONS | 37484 |
| The amount reappropriated for the foregoing appropriation | 37485 |
| item CAP-015, Basic Renovations, is the sum of the unencumbered | 37486 |
| and unallotted balance as of June 30, 2006, in appropriation items | 37487 |
| CAP-015, Basic Renovations; and CAP-071, New Academic Building. | 37488 |
| LIBRARY ACCESS CONSOLIDATION SYSTEM | 37489 |
| The amount reappropriated for the foregoing appropriation | 37490 |
| item CAP-080, Library Access Consolidation System, is the sum of | 37491 |
| the unencumbered and unallotted balance as of June 30, 2006, in | 37492 |
| appropriation item CAP-080, Library Access Consolidation System, | 37493 |
| plus $81,413. | 37494 |
| Reappropriations |
| Section 253.30. YSU YOUNGSTOWN STATE UNIVERSITY | 37495 |
| CAP-014 | Basic Renovations | $ | 2,921,385 | 37496 | |||
| CAP-066 | Asbestos Abatement | $ | 48,154 | 37497 | |||
| CAP-099 | Todd Hall Renovations | $ | 146,979 | 37498 | |||
| CAP-108 | Electronic Campus Infrastructure/Technology | $ | 2,722 | 37499 | |||
| CAP-112 | Beeghly Center Rehabilitation | $ | 13,429 | 37500 | |||
| CAP-113 | Campus Development | $ | 1,430,337 | 37501 | |||
| CAP-114 | Chiller and Steamline Replacement - Phase 3 | $ | 92,003 | 37502 | |||
| CAP-117 | Ward Beecher/HVAC Upgrade | $ | 133,987 | 37503 | |||
| CAP-124 | Classroom Updates | $ | 155,948 | 37504 | |||
| CAP-125 | Campus - Wide Building System Upgrades | $ | 858,349 | 37505 | |||
| CAP-126 | Technology Upgrades | $ | 962,153 | 37506 | |||
| CAP-130 | Residential Technology Integration | $ | 34,072 | 37507 | |||
| CAP-131 | Masonry Restoration | $ | 111,580 | 37508 | |||
| CAP-132 | Youngstown Convocation Center | $ | 2,000,000 | 37509 | |||
| Total Youngstown State University | $ | 8,911,098 | 37510 | ||||
| BASIC RENOVATIONS | 37511 |
| The amount reappropriated for the foregoing appropriation | 37512 |
| item CAP-014, Basic Renovations, is the sum of the unencumbered | 37513 |
| and unallotted balance as of June 30, 2006, in appropriation item | 37514 |
| CAP-014, Basic Renovations, plus $33,680. | 37515 |
| Reappropriations |
| Section 253.40. MCO MEDICAL UNIVERSITY OF OHIO | 37516 |
| CAP-049 | Center for Classrooms of the Future | $ | 5,169 | 37517 | |||
| CAP-053 | ADA Modifications | $ | 1,531 | 37518 | |||
| CAP-062 | Waterproofing | $ | 3,381 | 37519 | |||
| CAP-066 | Core Research Facility | $ | 3,739,440 | 37520 | |||
| CAP-076 | Supplemental Renovations | $ | 990,789 | 37521 | |||
| CAP-078 | Clinical Academic Renovation | $ | 536,150 | 37522 | |||
| CAP-080 | 2005 Campus Waterproof/Roof Replacements | $ | 3,834 | 37523 | |||
| Total Medical University of Ohio | $ | 5,280,294 | 37524 | ||||
| Reappropriations |
| Section 253.50. NEM NORTHEASTERN OHIO UNIVERSITIES COLLEGE OF | 37526 |
| MEDICINE | 37527 |
| CAP-018 | Basic Renovations | $ | 407,517 | 37528 | |||
| CAP-022 | Cooperating Regional Library Depository | $ | 452,200 | 37529 | |||
| CAP-042 | Outdoor Athletic Facilities | $ | 15,450 | 37530 | |||
| CAP-048 | Rehabilitation of Multidisciplinary Labs | $ | 1,346,879 | 37531 | |||
| CAP-049 | Renovation of Liebelt and Olson Halls | $ | 34,325 | 37532 | |||
| Total Northeastern Ohio Universities College of Medicine | $ | 2,256,371 | 37533 | ||||
| REHAB OF MULTIDISCIPLINARY LABS | 37534 |
| The amount reappropriated for the foregoing appropriation | 37535 |
| item CAP-048, Rehabilitation of Multidisciplinary Labs, is the sum | 37536 |
| of the unencumbered and unallotted balances as of June 30, 2006, | 37537 |
| in appropriation items CAP-048, Rehabilitation of | 37538 |
| Multidisciplinary Labs and CAP-034, ADA Modifications, plus $928. | 37539 |
| Reappropriations |
| Section 253.60. CWR CASE WESTERN RESERVE UNIVERSITY | 37540 |
| CAP-005 | Northeast Ohio Biomedical Research Consortium | $ | 33,750 | 37541 | |||
| CAP-013 | Ohio MEMSnet | $ | 17,579 | 37542 | |||
| CAP-016 | Ohio Pharmacological Sciences Consortium | $ | 9,892 | 37543 | |||
| CAP-022 | Developing and Improving Institutional Animal Resources | $ | 64,144 | 37544 | |||
| CAP-028 | Ohio MicroMD: The Ohio BioMEMS Consortium on Medical Therapeutic Microdevices | $ | 11,002 | 37545 | |||
| CAP-029 | Consortium for Novel Microfabrication Methods of Mesoscale Devices in Non-Silicon Materials | $ | 10,612 | 37546 | |||
| CAP-031 | Research in Propulsion Systems for Future Vehicles | $ | 31,738 | 37547 | |||
| CAP-032 | Center for Fire & Explosion Science & Technology | $ | 32,749 | 37548 | |||
| CAP-036 | Ohio Eminent Scholar for Fuel Cells | $ | 105,000 | 37549 | |||
| CAP-039 | Ohio Organic Semiconductor Consortium | $ | 67,749 | 37550 | |||
| CAP-042 | Nanoscale Hybrid Materials: Novel Synthesis, Characterization and Applications | $ | 1,080 | 37551 | |||
| CAP-043 | Ohio Organic Semiconductor Consortium | $ | 500 | 37552 | |||
| CAP-044 | Stem Cell and Regenerative Medicine | $ | 500,000 | 37553 | |||
| CAP-047 | Condensed Matter Physics | $ | 500,000 | 37554 | |||
| CAP-048 | Center for Chemical Dynamics | $ | 159,076 | 37555 | |||
| Total Case Western Reserve University | $ | 1,544,871 | 37556 | ||||
| Reappropriations |
| Section 253.70. CTC CINCINNATI STATE TECHNICAL AND COMMUNITY | 37558 |
| COLLEGE | 37559 |
| CAP-008 | Interior Renovations | $ | 2,258 | 37560 | |||
| CAP-013 | Basic Renovations | $ | 1,161,143 | 37561 | |||
| CAP-016 | Health Professions Building Planning | $ | 1,468 | 37562 | |||
| CAP-017 | Instructional and Data Processing Equipment | $ | 361,277 | 37563 | |||
| CAP-030 | Student Life/Education Building | $ | 2,865,422 | 37564 | |||
| CAP-032 | Child Care Facility | $ | 63,235 | 37565 | |||
| CAP-035 | Install Kiosks | $ | 150,450 | 37566 | |||
| CAP-037 | Classroom Technology Enhancements | $ | 792,372 | 37567 | |||
| Total Cincinnati State Community College | $ | 5,397,625 | 37568 | ||||
| Reappropriations |
| Section 253.80. CLT CLARK STATE COMMUNITY COLLEGE | 37570 |
| CAP-006 | Basic Renovations | $ | 1,099,828 | 37571 | |||
| CAP-034 | ADA Modifications | $ | 28,451 | 37572 | |||
| CAP-041 | Student Technology Center | $ | 1,270,607 | 37573 | |||
| CAP-044 | Child Care Matching Grant | $ | 130,000 | 37574 | |||
| Total Clark State Community College | $ | 2,528,886 | 37575 | ||||
| Reappropriations |
| Section 253.90. CTI COLUMBUS STATE COMMUNITY COLLEGE | 37577 |
| CAP-006 | Basic Renovations | $ | 2,219,129 | 37578 | |||
| CAP-033 | Child Care Facility | $ | 89,510 | 37579 | |||
| CAP-040 | Building "D" Planning | $ | 2,285,557 | 37580 | |||
| CAP-043 | Building "E" Planning | $ | 1,022,862 | 37581 | |||
| CAP-053 | Childcare Matching Grant | $ | 75,000 | 37582 | |||
| Total Columbus State Community College | $ | 5,692,058 | 37583 | ||||
| BASIC RENOVATIONS | 37584 |
| The amount reappropriated for the foregoing appropriation | 37585 |
| item CAP-006, Basic Renovations, is the unencumbered and | 37586 |
| unallotted balance as of June 30, 2006, in appropriation item | 37587 |
| CAP-006, Basic Renovations, plus $3,662. | 37588 |
| BUILDING "D" PLANNING | 37589 |
| The amount reappropriated for the foregoing appropriation | 37590 |
| item CAP-040, Building "D" Planning, is the unencumbered and | 37591 |
| unallotted balance as of June 30, 2006, in appropriation item | 37592 |
| CAP-040, Building "D" Planning, plus $9,582. | 37593 |
| BUILDING "E" PLANNING | 37594 |
| The amount reappropriated for the foregoing appropriation | 37595 |
| item CAP-043, Building "E" Planning, is the sum of the | 37596 |
| unencumbered and unallotted balances as of June 30, 2006, in | 37597 |
| appropriation items CAP-043, Building "E" Planning, and CAP-037, | 37598 |
| Academic Center "C." | 37599 |
| Reappropriations |
| Section 254.10. CCC CUYAHOGA COMMUNITY COLLEGE | 37600 |
| CAP-031 | Basic Renovations | $ | 2,907,779 | 37601 | |||
| CAP-064 | Technology Learning Center - Western | $ | 43,096 | 37602 | |||
| CAP-073 | Noncredit Job Training | $ | 7,177 | 37603 | |||
| CAP-076 | Distance Learning | $ | 139,287 | 37604 | |||
| CAP-079 | Cleveland Art Museum - Improvements | $ | 3,000,000 | 37605 | |||
| CAP-084 | Literacy Initiative | $ | 202,020 | 37606 | |||
| CAP-090 | Building A Expansion Module - Western | $ | 5,689,241 | 37607 | |||
| CAP-093 | Corporate College East | $ | 57,750 | 37608 | |||
| CAP-094 | College-Wide Wayfinding Signage System | $ | 1,067,510 | 37609 | |||
| CAP-095 | College-Wide Asset Protection & Building | $ | 1,491,522 | 37610 | |||
| CAP-096 | Healthcare Technology Building - Eastern | $ | 6,050,264 | 37611 | |||
| CAP-097 | WVIZ Technical Center/Play House Square | $ | 750,000 | 37612 | |||
| Total Cuyahoga Community College | $ | 21,405,646 | 37613 | ||||
| BASIC RENOVATIONS | 37614 |
| The amount reappropriated for the foregoing appropriation | 37615 |
| item CAP-031, Basic Renovations, is the sum of the unencumbered | 37616 |
| and unallotted balances as of June 30, 2006, in appropriation | 37617 |
| items CAP-031, Basic Renovations; CAP-087, Center for Nursing and | 37618 |
| Health Careers; CAP-088, Corporate College; and CAP-089, East I | 37619 |
| Renovations Phase 2 - Eastern. | 37620 |
| Reappropriations |
| Section 254.20. ESC EDISON STATE COMMUNITY COLLEGE | 37621 |
| CAP-006 | Basic Renovations | $ | 649,311 | 37622 | |||
| CAP-011 | Roadway Construction | $ | 16,696 | 37623 | |||
| CAP-014 | Student Activities Area | $ | 13,398 | 37624 | |||
| CAP-018 | Master Plan Update | $ | 15,243 | 37625 | |||
| CAP-021 | Student Services | $ | 13,683 | 37626 | |||
| Total Edison State Community College | $ | 708,331 | 37627 | ||||
| Reappropriations |
| Section 254.30. JTC JEFFERSON COMMUNITY COLLEGE | 37629 |
| CAP-022 | Basic Renovations | $ | 210,806 | 37630 | |||
| CAP-031 | Law Enforcement/Engineering Lab Renovations | $ | 56,172 | 37631 | |||
| CAP-041 | Campus Master Plan | $ | 189,442 | 37632 | |||
| Total Jefferson Community College | $ | 456,420 | 37633 | ||||
| Reappropriations |
| Section 254.40. LCC LAKELAND COMMUNITY COLLEGE | 37635 |
| CAP-006 | Basic Renovations | $ | 1,148,687 | 37636 | |||
| CAP-036 | Noncredit Job Training | $ | 172,170 | 37637 | |||
| CAP-037 | Building East End Project | $ | 985,000 | 37638 | |||
| CAP-038 | HVAC Upgrades/Rehabilitation | $ | 960,300 | 37639 | |||
| CAP-040 | Roadway and Drainage Improvements | $ | 77,084 | 37640 | |||
| CAP-043 | Mooreland Educational Center Rehabilitation | $ | 65,150 | 37641 | |||
| CAP-044 | Industrial Skills Training Program | $ | 178,200 | 37642 | |||
| CAP-045 | Instructional Use Building | $ | 2,433,264 | 37643 | |||
| Total Lakeland Community College | $ | 6,019,855 | 37644 | ||||
| Reappropriations |
| Section 254.50. LOR LORAIN COUNTY COMMUNITY COLLEGE | 37646 |
| CAP-005 | Basic Renovations | $ | 909,693 | 37647 | |||
| CAP-042 | Virtual Lab Courses | $ | 84,970 | 37648 | |||
| CAP-043 | Great Lakes Business Growth Center | $ | 435,000 | 37649 | |||
| CAP-044 | Learning Technology Center | $ | 8,857,919 | 37650 | |||
| Total Lorain County Community College | $ | 10,287,582 | 37651 | ||||
| BASIC RENOVATIONS | 37652 |
| The amount reappropriated for the foregoing appropriation | 37653 |
| item CAP-005, Basic Renovation, is the sum of the unencumbered and | 37654 |
| unallotted balance as of June 30, 2006, in appropriation item | 37655 |
| CAP-005, Basic Renovations, plus $23,600. | 37656 |
| Reappropriations |
| Section 254.60. NTC NORTHWEST STATE COMMUNITY COLLEGE | 37657 |
| CAP-003 | Basic Renovations | $ | 525,209 | 37658 | |||
| CAP-013 | Classroom & Engineering Building | $ | 9,917 | 37659 | |||
| CAP-022 | Branch Campus Facility | $ | 400,000 | 37660 | |||
| Total Northwest State Community College | $ | 935,126 | 37661 | ||||
| Reappropriations |
| Section 254.70. OTC OWENS COMMUNITY COLLEGE | 37663 |
| CAP-019 | Basic Renovations | $ | 1,490,497 | 37664 | |||
| CAP-037 | Education Center | $ | 5,463 | 37665 | |||
| CAP-039 | Services Building Phase 2 - Finley | $ | 3,160,268 | 37666 | |||
| Total Owens Community College | $ | 4,656,228 | 37667 | ||||
| Reappropriations |
| Section 254.80. RGC RIO GRANDE COMMUNITY COLLEGE | 37669 |
| CAP-005 | Basic Renovations | $ | 1,027,918 | 37670 | |||
| CAP-012 | Instructional and Data Processing Equipment | $ | 72,035 | 37671 | |||
| CAP-013 | College of Business | $ | 998 | 37672 | |||
| CAP-022 | Child Care Facility | $ | 35,000 | 37673 | |||
| CAP-025 | Student and Community Center | $ | 125,000 | 37674 | |||
| CAP-026 | Supplemental Renovations | $ | 200,000 | 37675 | |||
| Total Rio Grande Community College | $ | 1,460,951 | 37676 | ||||
| Reappropriations |
| Section 254.90. SCC SINCLAIR COMMUNITY COLLEGE | 37678 |
| CAP-007 | Basic Renovations | $ | 1,691,235 | 37679 | |||
| CAP-034 | Advanced Educational Applications Center - Phase I | $ | 40,000 | 37680 | |||
| CAP-042 | Autolab/Fire Science Facility | $ | 3,500 | 37681 | |||
| CAP-055 | Distance Learning | $ | 1,870 | 37682 | |||
| CAP-056 | Information Literacy | $ | 300,053 | 37683 | |||
| CAP-061 | Accelerated Product Development | $ | 500,000 | 37684 | |||
| Total Sinclair Community College | $ | 2,536,658 | 37685 | ||||
| Reappropriations |
| Section 255.10. SOC SOUTHERN STATE COMMUNITY COLLEGE | 37687 |
| CAP-010 | Basic Renovations | $ | 81,365 | 37688 | |||
| CAP-011 | Supplemental Renovations | $ | 100,000 | 37689 | |||
| Total Southern State Community College | $ | 181,365 | 37690 | ||||
| Reappropriations |
| Section 255.20. TTC TERRA STATE COMMUNITY COLLEGE | 37692 |
| CAP-009 | Basic Renovations | $ | 294,222 | 37693 | |||
| CAP-015 | Child Care Facility | $ | 166,148 | 37694 | |||
| CAP-018 | Nursing Online | $ | 3,873 | 37695 | |||
| CAP-020 | New Health and Science Building | $ | 2,967,947 | 37696 | |||
| Total Terra State Community College | $ | 3,432,190 | 37697 | ||||
| Reappropriations |
| Section 255.30. WTC WASHINGTON STATE COMMUNITY COLLEGE | 37699 |
| CAP-006 | Basic Renovations | $ | 231,224 | 37700 | |||
| CAP-009 | Instructional and Data Processing Equipment | $ | 92,363 | 37701 | |||
| CAP-012 | ADA Modifications | $ | 14,575 | 37702 | |||
| CAP-019 | Industrial Certifications | $ | 4,000 | 37703 | |||
| CAP-020 | Child Care Matching Grant | $ | 43,000 | 37704 | |||
| Total Washington State Community College | $ | 385,162 | 37705 | ||||
| Reappropriations |
| Section 255.40. BTC BELMONT TECHNICAL COLLEGE | 37707 |
| CAP-008 | Basic Renovations | $ | 813,671 | 37708 | |||
| CAP-014 | Main Building Renovation - Phase 3 | $ | 49,137 | 37709 | |||
| CAP-016 | Industrial and Data Processing Equipment | $ | 85,628 | 37710 | |||
| CAP-019 | ADA Modifications | $ | 49,915 | 37711 | |||
| Total Belmont Technical College | $ | 998,351 | 37712 | ||||
| Reappropriations |
| Section 255.50. COT CENTRAL OHIO TECHNICAL COLLEGE | 37714 |
| CAP-003 | Basic Renovations | $ | 9,857 | 37715 | |||
| CAP-013 | Hopewell Hall Science Suite | $ | 354,765 | 37716 | |||
| CAP-014 | Founders Hopewell Halls | $ | 5,158 | 37717 | |||
| Total Central Ohio Technical College | $ | 369,780 | 37718 | ||||
| Reappropriations |
| Section 255.60. HTC HOCKING TECHNICAL COLLEGE | 37720 |
| CAP-019 | Basic Renovations | $ | 638,185 | 37721 | |||
| CAP-024 | Building Addition | $ | 5,270 | 37722 | |||
| CAP-027 | Instructional and Data Processing Equipment | $ | 288,546 | 37723 | |||
| CAP-028 | College Hall Rehabilitation | $ | 3,769 | 37724 | |||
| CAP-032 | Public Safety Service | $ | 57,065 | 37725 | |||
| CAP-033 | Light and Oakley Halls | $ | 41,129 | 37726 | |||
| CAP-039 | Student Services | $ | 9,752 | 37727 | |||
| CAP-041 | Flexible Manufacturing Center | $ | 205,000 | 37728 | |||
| CAP-042 | McClenaghan Center Expansion | $ | 1,283,437 | 37729 | |||
| CAP-044 | Hocking College Fire and Emergency Training Center | $ | 250,000 | 37730 | |||
| Total Hocking Technical College | $ | 2,782,153 | 37731 | ||||
| Reappropriations |
| Section 255.70. LTC JAMES RHODES STATE COLLEGE | 37733 |
| CAP-004 | Basic Renovations | $ | 1,123,167 | 37734 | |||
| CAP-006 | Building Renovations | $ | 5,000 | 37735 | |||
| CAP-007 | Training and Education Facility | $ | 79,934 | 37736 | |||
| CAP-008 | Instructional and Data Processing Equipment | $ | 290,732 | 37737 | |||
| CAP-009 | Life and Physical Sciences | $ | 10,133 | 37738 | |||
| Total James Rhodes State College | $ | 1,508,965 | 37739 | ||||
| Reappropriations |
| Section 255.80. MAT ZANE STATE COLLEGE | 37741 |
| CAP-007 | Basic Renovations | $ | 498,234 | 37742 | |||
| CAP-017 | Basic Capacity Grant | $ | 1,390,645 | 37743 | |||
| CAP-021 | Lighting/HVAC Replacement | $ | 175,000 | 37744 | |||
| Total Zane State College | $ | 2,063,879 | 37745 | ||||
| Reappropriations |
| Section 255.90. MTC MARION TECHNICAL COLLEGE | 37747 |
| CAP-004 | Basic Renovations | $ | 103,485 | 37748 | |||
| CAP-006 | Instructional and Data Processing Equipment | $ | 71,786 | 37749 | |||
| CAP-012 | Technical Education Center | $ | 38,622 | 37750 | |||
| Total Marion Technical College | $ | 213,893 | 37751 | ||||
| Reappropriations |
| Section 256.10. NCC NORTH CENTRAL TECHNICAL COLLEGE | 37753 |
| CAP-003 | Basic Renovations | $ | 586,030 | 37754 | |||
| CAP-009 | ADA Modifications | $ | 25,000 | 37755 | |||
| CAP-013 | Engineering Center Renovation | $ | 6,272 | 37756 | |||
| CAP-014 | Kee Hall Roof Replacement | $ | 509,000 | 37757 | |||
| CAP-015 | Richland/Braintree Incubator | $ | 250,000 | 37758 | |||
| CAP-018 | Fallerius Center Rehabilitation | $ | 482,406 | 37759 | |||
| Total North Central Technical College | $ | 1,858,708 | 37760 | ||||
| BASIC RENOVATIONS | 37761 |
| The amount reappropriated for the foregoing appropriation | 37762 |
| item CAP-003, Basic Renovations, is the sum of the unencumbered | 37763 |
| and unallotted balance as of June 30, 2006, in appropriation item | 37764 |
| CAP-003, Basic Renovations, plus $5,563. | 37765 |
| FALLERIUS CENTER REHABILITATION | 37766 |
| The amount reappropriated for the foregoing appropriation | 37767 |
| item CAP-018, Fallerius Center Rehabilitation, is the sum of the | 37768 |
| unencumbered and unallotted balance as of June 30, 2006, in | 37769 |
| appropriation item CAP-018, Fallerius Center Phase II | 37770 |
| Rehabilitation, plus $7,797. | 37771 |
| Reappropriations |
| Section 256.20. STC STARK TECHNICAL COLLEGE | 37772 |
| CAP-004 | Basic Renovations | $ | 496,210 | 37773 | |||
| CAP-027 | Information Technology Learning Center | $ | 921 | 37774 | |||
| CAP-037 | Fuel Cell Initiative | $ | 2,862 | 37775 | |||
| CAP-038 | General Study Faculty Offices | $ | 1,378,892 | 37776 | |||
| Total Stark Technical College | $ | 1,878,885 | 37777 | ||||
| TOTAL HIGHER EDUCATION IMPROVEMENT FUND | $ | 491,713,902 | 37778 | ||||
| Section 256.30. For all of the foregoing appropriation items | 37780 |
| from the Higher Education Improvement Fund (Fund 034) that require | 37781 |
| local funds to be contributed by any state-supported or | 37782 |
| state-assisted institution of higher education, the Board of | 37783 |
| Regents shall not recommend that any funds be released until the | 37784 |
| recipient institution demonstrates to the Board of Regents and the | 37785 |
| Office of Budget and Management that the local funds contribution | 37786 |
| requirement has been secured or satisfied. The local funds shall | 37787 |
| be in addition to the foregoing appropriations. | 37788 |
| Section 256.40. None of the foregoing capital improvements | 37789 |
| appropriations for state-supported or state-assisted institutions | 37790 |
| of higher education shall be expended until the particular | 37791 |
| appropriation has been recommended for release by the Board of | 37792 |
| Regents and released by the Director of Budget and Management or | 37793 |
| the Controlling Board. Either the institution concerned, or the | 37794 |
| Board of Regents with the concurrence of the institution | 37795 |
| concerned, may initiate the request to the Director of Budget and | 37796 |
| Management or the Controlling Board for the release of the | 37797 |
| particular appropriations. | 37798 |
| Section 256.50. (A) No capital improvement appropriations | 37799 |
| made in Sections 251.30 to 256.80, 289.10, 289.20, 291.10, and | 37800 |
| 291.20 of this act shall be released for planning or for | 37801 |
| improvement, renovation, construction, or acquisition of capital | 37802 |
| facilities if the institution of higher education or the state | 37803 |
| does not own the real property on which the capital facilities are | 37804 |
| or will be located. This restriction does not apply in any of the | 37805 |
| following circumstances: | 37806 |
| (1) The institution has a long-term (at least fifteen years) | 37807 |
| lease of, or other interest (such as an easement) in, the real | 37808 |
| property. | 37809 |
| (2) The Board of Regents certifies to the Controlling Board | 37810 |
| that undue delay will occur if planning does not proceed while the | 37811 |
| property or property interest acquisition process continues. In | 37812 |
| this case, funds may be released upon approval of the Controlling | 37813 |
| Board to pay for planning through the development of schematic | 37814 |
| drawings only. | 37815 |
| (3) In the case of an appropriation for capital facilities | 37816 |
| that, because of their unique nature or location, will be owned or | 37817 |
| will be part of facilities owned by a separate nonprofit | 37818 |
| organization or public body and made available to the institution | 37819 |
| of higher education for its use, the nonprofit organization or | 37820 |
| public body either owns or has a long-term (at least fifteen | 37821 |
| years) lease of the real property or other capital facility to be | 37822 |
| improved, renovated, constructed, or acquired and has entered into | 37823 |
| a joint or cooperative use agreement, approved by the Board of | 37824 |
| Regents, with the institution of higher education that meets the | 37825 |
| requirements of division (C) of this section. | 37826 |
| (B) Any foregoing appropriations which require cooperation | 37827 |
| between a technical college and a branch campus of a university | 37828 |
| may be released by the Controlling Board upon recommendation by | 37829 |
| the Board of Regents that the facilities proposed by the | 37830 |
| institutions are: | 37831 |
| (1) The result of a joint planning effort by the university | 37832 |
| and the technical college, satisfactory to the Board of Regents; | 37833 |
| (2) Facilities that will meet the needs of the region in | 37834 |
| terms of technical and general education, taking into | 37835 |
| consideration the totality of facilities which will be available | 37836 |
| after the completion of these projects; | 37837 |
| (3) Planned to permit maximum joint use by the university and | 37838 |
| technical college of the totality of facilities which will be | 37839 |
| available upon their completion; | 37840 |
| (4) To be located on or adjacent to the branch campus of the | 37841 |
| university. | 37842 |
| (C) In the case of capital facilities referred to in division | 37843 |
| (A)(3) of this section, the joint or cooperative use agreements | 37844 |
| shall include, as a minimum, provisions that: | 37845 |
| (1) Specify the extent and nature of that joint or | 37846 |
| cooperative use, extending for not fewer than fifteen years, with | 37847 |
| the value of such use or right to use to be, as determined by the | 37848 |
| parties and approved by the Board of Regents, reasonably related | 37849 |
| to the amount of the appropriations; | 37850 |
| (2) Provide for pro rata reimbursement to the state should | 37851 |
| the arrangement for joint or cooperative use be terminated; | 37852 |
| (3) Provide that procedures to be followed during the capital | 37853 |
| improvement process will comply with appropriate applicable state | 37854 |
| laws and rules, including provisions of this act; | 37855 |
| (4) Provide for payment or reimbursement to the institution | 37856 |
| of its administrative costs incurred as a result of the facilities | 37857 |
| project, not to exceed 1.5 per cent of the appropriated amount. | 37858 |
| (D) Upon the recommendation of the Board of Regents, the | 37859 |
| Controlling Board may approve the transfer of appropriations for | 37860 |
| projects requiring cooperation between institutions from one | 37861 |
| institution to another institution, with the approval of both | 37862 |
| institutions. | 37863 |
| (E) Notwithstanding section 127.14 of the Revised Code, the | 37864 |
| Controlling Board, upon the recommendation of the Board of | 37865 |
| Regents, may transfer amounts appropriated to the Board of Regents | 37866 |
| to accounts of state-supported or state-assisted institutions | 37867 |
| created for that same purpose. | 37868 |
| Section 256.60. The requirements of Chapters 123. and 153. of | 37869 |
| the Revised Code, with respect to the powers and duties of the | 37870 |
| Director of Administrative Services in the procedure for and award | 37871 |
| of contracts for capital improvement projects, and the | 37872 |
| requirements of section 127.16 of the Revised Code, with respect | 37873 |
| to the Controlling Board, do not apply to projects of community | 37874 |
| college districts and technical college districts. | 37875 |
| Section 256.70. Those institutions locally administering | 37876 |
| capital improvement projects pursuant to sections 3345.50 and | 37877 |
| 3345.51 of the Revised Code may: | 37878 |
| (A) Establish charges for recovering costs directly related | 37879 |
| to project administration as defined by the Director of | 37880 |
| Administrative Services. The Department of Administrative Services | 37881 |
| shall review and approve these administrative charges when such | 37882 |
| charges are in excess of 1.5 per cent of the total construction | 37883 |
| budget. | 37884 |
| (B) Seek reimbursement from state capital appropriations to | 37885 |
| the institution for the in-house design services performed by the | 37886 |
| institution for such capital projects. Acceptable charges shall be | 37887 |
| limited to design document preparation work that is done by the | 37888 |
| institution. These reimbursable design costs shall be shown as | 37889 |
| "A/E fees" within the project's budget that is submitted to the | 37890 |
| Controlling Board or the Director of Budget and Management as part | 37891 |
| of a request for release of funds. The reimbursement for in-house | 37892 |
| design may not exceed seven per cent of the estimated construction | 37893 |
| cost. | 37894 |
| Section 256.80. The Board of Regents shall adopt rules | 37895 |
| regarding the release of moneys from all the foregoing | 37896 |
| appropriations for capital facilities for all state-supported and | 37897 |
| state-assisted institutions of higher education. | 37898 |
| Section 259.10. All items set forth in this section are | 37899 |
| hereby appropriated out of any moneys in the state treasury to the | 37900 |
| credit of the Parks and Recreation Improvement Fund (Fund 035) | 37901 |
| that are not otherwise appropriated: | 37902 |
| Reappropriations |
| 37903 |
| CAP-004 | Burr Oak State Park | $ | 177,314 | 37904 | |||
| CAP-005 | Cowan Lake State Park | $ | 3,680 | 37905 | |||
| CAP-011 | Findley State Park | $ | 22,856 | 37906 | |||
| CAP-012 | Land Acquisition | $ | 243,663 | 37907 | |||
| CAP-016 | Hueston Woods State Park | $ | 5,733 | 37908 | |||
| CAP-017 | Indian Lake State Park | $ | 15,388 | 37909 | |||
| CAP-019 | Lake Hope State Park | $ | 7,276 | 37910 | |||
| CAP-025 | Punderson State Park | $ | 6,263 | 37911 | |||
| CAP-029 | Salt Fork State Park | $ | 799 | 37912 | |||
| CAP-045 | Mary J. Thurston State Park Marina/Dock | $ | 301,000 | 37913 | |||
| CAP-051 | Buck Creek State Park | $ | 750 | 37914 | |||
| CAP-064 | Geneva State Park | $ | 24,592 | 37915 | |||
| CAP-069 | Hocking Hills State Park | $ | 525 | 37916 | |||
| CAP-093 | Portage Lakes State Park | $ | 143,310 | 37917 | |||
| CAP-113 | East Harbor State Park Shoreline Stabilization | $ | 850,000 | 37918 | |||
| CAP-162 | Shawnee State Park | $ | 760 | 37919 | |||
| CAP-205 | Deer Creek State Park | $ | 128,551 | 37920 | |||
| CAP-234 | State Parks Campgrounds, Lodges, and Cabins | $ | 4,169,570 | 37921 | |||
| CAP-331 | Park Boating Facilities | $ | 9,195,011 | 37922 | |||
| CAP-390 | State Park Maintenance Facility Development | $ | 737,751 | 37923 | |||
| CAP-701 | Buckeye Lake Dam Rehabilitation | $ | 4,000,000 | 37924 | |||
| CAP-702 | Upgrade Underground Storage Tanks | $ | 247,976 | 37925 | |||
| CAP-703 | Cap Abandoned Water Wells | $ | 1,495 | 37926 | |||
| CAP-716 | Muskingum River Lock and Dam | $ | 180,000 | 37927 | |||
| CAP-718 | Grand Lake St. Mary's State Park | $ | 451,882 | 37928 | |||
| CAP-719 | Indian Lake State Park | $ | 16,480 | 37929 | |||
| CAP-727 | Riverfront Improvements | $ | 1,005,000 | 37930 | |||
| CAP-744 | Multi-Agency Radio Communication Equipment | $ | 425,000 | 37931 | |||
| CAP-748 | Local Parks Projects | $ | 1,228,825 | 37932 | |||
| CAP-787 | Scioto Riverfront Improvements | $ | 33,861 | 37933 | |||
| CAP-790 | Paint Creek State Park Campground Electricity | $ | 2,300 | 37934 | |||
| CAP-821 | State Park Dredging and Shoreline Protection | $ | 14,000 | 37935 | |||
| CAP-827 | Cuyahoga Valley Scenic Railroad | $ | 1,000,000 | 37936 | |||
| CAP-845 | Caesar Creek State Park | $ | 109,575 | 37937 | |||
| CAP-848 | Hazardous Dam Repair/Statewide | $ | 1,325,000 | 37938 | |||
| CAP-876 | Statewide Trails Program | $ | 1,889,848 | 37939 | |||
| CAP-927 | Mohican State Park | $ | 72,470 | 37940 | |||
| CAP-928 | Handicapped Accessibility | $ | 50,000 | 37941 | |||
| CAP-929 | Hazardous Waste/Asbestos Abatement | $ | 49,383 | 37942 | |||
| CAP-931 | Wastewater/Water Systems Upgrade | $ | 3,604,700 | 37943 | |||
| Total Department of Natural Resources | $ | 31,742,587 | 37944 | ||||
| TOTAL Parks and Recreation Improvement Fund | $ | 31,742,587 | 37945 | ||||
| Section 259.20. RIVERFRONT IMPROVEMENTS | 37947 |
| Of the foregoing reappropriation item CAP-727, Riverfront | 37948 |
| Improvements, $1,000,000 shall be used for the Riverfront West | 37949 |
| Park Development - Cincinnati Park Board, Hamilton County. | 37950 |
| LOCAL PARKS PROJECTS | 37951 |
| The following projects shall be funded from the foregoing | 37952 |
| reappropriation item CAP-748, Local Parks Projects: $50,000 for | 37953 |
| Liberty Township Playground project; $25,000 for the Cleveland | 37954 |
| Police and Firefighters Memorial Park project; $750,000 for the | 37955 |
| Banks Park project; $25,000 for the Early Hill Park project; | 37956 |
| $10,000 for the Wellington Soccer Field Park project; and $10,000 | 37957 |
| for the Greenwich Township Baseball Field Park Improvements | 37958 |
| project. | 37959 |
| STATEWIDE TRAILS PROGRAM | 37960 |
| Of the foregoing reappropriation item CAP-876, Statewide | 37961 |
| Trails Program, $16,500 shall be used for the South Milford Road | 37962 |
| Bike Trail Project. | 37963 |
| FEDERAL REIMBURSEMENT | 37964 |
| All reimbursements received from the federal government for | 37965 |
| any expenditures made pursuant to Sections 259.10 and 259.20 of | 37966 |
| this act shall be deposited in the state treasury to the credit of | 37967 |
| the Parks and Recreation Improvement Fund. | 37968 |
| Section 259.30. For the appropriations in Section 259.10 of | 37969 |
| this act, the Department of Natural Resources shall periodically | 37970 |
| prepare and submit to the Director of Budget and Management the | 37971 |
| estimated design, planning, and engineering costs of | 37972 |
| capital-related work to be done by the Department of Natural | 37973 |
| Resources for each project. Based on the estimates, the Director | 37974 |
| of Budget and Management may release appropriations from the | 37975 |
| foregoing appropriation item CAP-753, Project Planning, within the | 37976 |
| Parks and Recreation Improvement Fund (Fund 035), to pay for | 37977 |
| design, planning, and engineering costs incurred by the Department | 37978 |
| of Natural Resources for the projects. Upon release of the | 37979 |
| appropriations by the Director of Budget and Management, the | 37980 |
| Department of Natural Resources shall pay for these expenses from | 37981 |
| the Parks Capital Expenses Fund (Fund 227), and be reimbursed by | 37982 |
| the Parks and Recreation Improvement Fund (Fund 035) using an | 37983 |
| intrastate voucher. | 37984 |
| Section 259.40. (A) No capital improvement appropriations | 37985 |
| made in Sections 249.20 to 249.40 of this act shall be released | 37986 |
| for planning or for improvement, renovation, construction, or | 37987 |
| acquisition of capital facilities if a governmental agency, as | 37988 |
| defined in section 154.01 of the Revised Code, does not own the | 37989 |
| real property that constitutes the capital facilities or on which | 37990 |
| the capital facilities are or will be located. This restriction | 37991 |
| does not apply in any of the following circumstances: | 37992 |
| (1) The governmental agency has a long-term (at least fifteen | 37993 |
| years) lease of, or other interest (such as an easement) in, the | 37994 |
| real property. | 37995 |
| (2) In the case of an appropriation for capital facilities | 37996 |
| for parks and recreation that, because of their unique nature or | 37997 |
| location, will be owned or will be part of facilities owned by a | 37998 |
| separate nonprofit organization and made available to the | 37999 |
| governmental agency for its use, the nonprofit organization either | 38000 |
| owns or has a long-term (at least fifteen years) lease of the real | 38001 |
| property or other capital facility to be improved, renovated, | 38002 |
| constructed, or acquired and has entered into a joint or | 38003 |
| cooperative use agreement, approved by the Department of Natural | 38004 |
| Resources, with the governmental agency for that agency's use of | 38005 |
| and right to use the capital facilities to be financed and, if | 38006 |
| applicable, improved, the value of such use or right to use being, | 38007 |
| as determined by the parties, reasonably related to the amount of | 38008 |
| the appropriation. | 38009 |
| (B) In the case of capital facilities referred to in division | 38010 |
| (A)(2) of this section, the joint or cooperative use agreement | 38011 |
| shall include, as a minimum, provisions that: | 38012 |
| (1) Specify the extent and nature of that joint or | 38013 |
| cooperative use, extending for not fewer than fifteen years, with | 38014 |
| the value of such use or right to use to be, as determined by the | 38015 |
| parties and approved by the applicable department, reasonably | 38016 |
| related to the amount of the appropriation; | 38017 |
| (2) Provide for pro rata reimbursement to the state should | 38018 |
| the arrangement for joint or cooperative use by a governmental | 38019 |
| agency be terminated; and | 38020 |
| (3) Provide that procedures to be followed during the capital | 38021 |
| improvement process will comply with appropriate applicable state | 38022 |
| laws and rules, including provisions of this act. | 38023 |
| Section 263.10. All items set forth in this section are | 38024 |
| hereby appropriated out of any moneys in the state treasury to the | 38025 |
| credit of the State Capital Improvements Fund (Fund 038) that are | 38026 |
| not otherwise appropriated: | 38027 |
| Reappropriations |
| 38028 |
| 38029 |
| CAP-150 | Local Public Infrastructure | $ | 6,650,225 | 38030 | |||
| CIF-000 | Ohio Small Government Capital Improvement | $ | 25,422,212 | 38031 | |||
| CIF-001 | Infrastructure - District 1 | $ | 31,170,885 | 38032 | |||
| CIF-002 | Infrastructure - District 2 | $ | 12,243,374 | 38033 | |||
| CIF-003 | Infrastructure - District 3 | $ | 21,652,949 | 38034 | |||
| CIF-004 | Infrastructure - District 4 | $ | 11,447,335 | 38035 | |||
| CIF-005 | Infrastructure - District 5 | $ | 8,542,288 | 38036 | |||
| CIF-006 | Infrastructure - District 6 | $ | 10,958,857 | 38037 | |||
| CIF-007 | Infrastructure - District 7 | $ | 12,155,980 | 38038 | |||
| CIF-008 | Infrastructure - District 8 | $ | 12,272,116 | 38039 | |||
| CIF-009 | Infrastructure - District 9 | $ | 7,541,982 | 38040 | |||
| CIF-010 | Infrastructure - District 10 | $ | 20,352,120 | 38041 | |||
| CIF-011 | Infrastructure - District 11 | $ | 11,000,253 | 38042 | |||
| CIF-012 | Infrastructure - District 12 | $ | 9,703,960 | 38043 | |||
| CIF-013 | Infrastructure - District 13 | $ | 6,051,165 | 38044 | |||
| CIF-014 | Infrastructure - District 14 | $ | 5,871,489 | 38045 | |||
| CIF-015 | Infrastructure - District 15 | $ | 8,298,905 | 38046 | |||
| CIF-016 | Infrastructure - District 16 | $ | 11,218,488 | 38047 | |||
| CIF-017 | Infrastructure - District 17 | $ | 8,580,458 | 38048 | |||
| CIF-018 | Infrastructure - District 18 | $ | 7,050,617 | 38049 | |||
| CIF-019 | Infrastructure - District 19 | $ | 9,556,745 | 38050 | |||
| CIF-020 | Emergency Set Aside | $ | 4,616,381 | 38051 | |||
| CIF-021 | Small Counties Program | $ | 381,676 | 38052 | |||
| Total Public Works Commission | $ | 262,740,460 | 38053 | ||||
| TOTAL State Capital Improvement Fund | $ | 262,740,460 | 38054 | ||||
| The appropriations in this section shall be used in | 38055 |
| accordance with sections 164.01 to 164.12 of the Revised Code. All | 38056 |
| expenditures made from these appropriations shall be approved by | 38057 |
| the Director of the Public Works Commission. The Director of the | 38058 |
| Public Works Commission shall not allocate funds in amounts | 38059 |
| greater than those amounts appropriated by the General Assembly. | 38060 |
| Section 265.10. All items set forth in this section are | 38061 |
| hereby appropriated out of any moneys in the state treasury to the | 38062 |
| credit of the State Capital Improvements Revolving Loan Fund (Fund | 38063 |
| 040) and derived from repayments of loans made to local | 38064 |
| subdivisions for capital improvements, investment earnings on | 38065 |
| moneys in the fund, and moneys obtained from federal or private | 38066 |
| grants or from other sources for the purpose of making loans for | 38067 |
| the purpose of financing or assisting in the financing of the cost | 38068 |
| of capital improvement projects of local subdivisions: | 38069 |
| Reappropriations |
| 38070 |
| CAP-151 | Revolving Loan | $ | 509,862 | 38071 | |||
| RLF-001 | Revolving Loan Fund-District 1 | $ | 8,126,096 | 38072 | |||
| RLF-002 | Revolving Loan Fund-District 2 | $ | 5,380,729 | 38073 | |||
| RLF-003 | Revolving Loan Fund-District 3 | $ | 8,530,418 | 38074 | |||
| RLF-004 | Revolving Loan Fund-District 4 | $ | 4,146,430 | 38075 | |||
| RLF-005 | Revolving Loan Fund-District 5 | $ | 2,409,654 | 38076 | |||
| RLF-006 | Revolving Loan Fund-District 6 | $ | 2,262,865 | 38077 | |||
| RLF-007 | Revolving Loan Fund-District 7 | $ | 2,979,413 | 38078 | |||
| RLF-008 | Revolving Loan Fund-District 8 | $ | 2,284,775 | 38079 | |||
| RLF-009 | Revolving Loan Fund-District 9 | $ | 2,373,304 | 38080 | |||
| RLF-010 | Revolving Loan Fund-District 10 | $ | 3,934,237 | 38081 | |||
| RLF-011 | Revolving Loan Fund-District 11 | $ | 2,606,192 | 38082 | |||
| RLF-012 | Revolving Loan Fund-District 12 | $ | 3,766,538 | 38083 | |||
| RLF-013 | Revolving Loan Fund-District 13 | $ | 1,194,287 | 38084 | |||
| RLF-014 | Revolving Loan Fund-District 14 | $ | 1,811,638 | 38085 | |||
| RLF-015 | Revolving Loan Fund-District 15 | $ | 1,483,685 | 38086 | |||
| RLF-016 | Revolving Loan Fund-District 16 | $ | 2,576,025 | 38087 | |||
| RLF-017 | Revolving Loan Fund-District 17 | $ | 2,410,368 | 38088 | |||
| RLF-018 | Revolving Loan Fund-District 18 | $ | 2,692,408 | 38089 | |||
| RLF-019 | Revolving Loan Fund-District 19 | $ | 1,984,226 | 38090 | |||
| RLF-020 | Small Government Program | $ | 2,030,053 | 38091 | |||
| RLF-021 | Emergency Program | $ | 153,272 | 38092 | |||
| Total Public Works Commission | $ | 65,646,475 | 38093 | ||||
| TOTAL State Capital Improvements Revolving Loan Fund | $ | 65,646,475 | 38094 | ||||
| The appropriations in this section shall be used in | 38095 |
| accordance with sections 164.01 to 164.12 of the Revised Code. All | 38096 |
| expenditures made from these appropriations shall be approved by | 38097 |
| the Director of the Public Works Commission. The Director of the | 38098 |
| Public Works Commission shall not allocate funds in amounts | 38099 |
| greater than those amounts appropriated by the General Assembly. | 38100 |
| Section 265.20. All items set forth in this section are | 38101 |
| hereby appropriated out of any moneys in the state treasury to the | 38102 |
| credit of the Clean Ohio Conservation Fund (Fund 056) that are not | 38103 |
| otherwise appropriated: | 38104 |
| Reappropriations |
| 38105 |
| COF-001 | Clean Ohio-District 1 | $ | 4,283,924 | 38106 | |||
| COF-002 | Clean Ohio-District 2 | $ | 2,156,940 | 38107 | |||
| COF-003 | Clean Ohio-District 3 | $ | 4,871,620 | 38108 | |||
| COF-004 | Clean Ohio-District 4 | $ | 1,883,778 | 38109 | |||
| COF-005 | Clean Ohio-District 5 | $ | 2,526,379 | 38110 | |||
| COF-006 | Clean Ohio-District 6 | $ | 1,814,066 | 38111 | |||
| COF-007 | Clean Ohio-District 7 | $ | 477,005 | 38112 | |||
| COF-008 | Clean Ohio-District 8 | $ | 1,654,808 | 38113 | |||
| COF-009 | Clean Ohio-District 9 | $ | 101,338 | 38114 | |||
| COF-010 | Clean Ohio-District 10 | $ | 2,158,673 | 38115 | |||
| COF-011 | Clean Ohio-District 11 | $ | 2,601,882 | 38116 | |||
| COF-012 | Clean Ohio-District 12 | $ | 884,124 | 38117 | |||
| COF-013 | Clean Ohio-District 13 | $ | 2,746,579 | 38118 | |||
| COF-014 | Clean Ohio-District 14 | $ | 4,056,729 | 38119 | |||
| COF-015 | Clean Ohio-District 15 | $ | 1,987,710 | 38120 | |||
| COF-016 | Clean Ohio-District 16 | $ | 2,772,449 | 38121 | |||
| COF-017 | Clean Ohio-District 17 | $ | 2,862,321 | 38122 | |||
| COF-018 | Clean Ohio-District 18 | $ | 3,096,644 | 38123 | |||
| COF-019 | Clean Ohio-District 19 | $ | 379,417 | 38124 | |||
| Total Public Works Commission | $ | 43,316,386 | 38125 | ||||
| TOTAL Clean Ohio Conservation Fund | $ | 43,316,386 | 38126 | ||||
| Section 267.10. All items set forth in this section are | 38128 |
| hereby appropriated out of any moneys in the state treasury to the | 38129 |
| credit of the Clean Ohio Agricultural Easement Fund (Fund 057) | 38130 |
| that are not otherwise appropriated: | 38131 |
| Reappropriations |
| 38132 |
| CAP-047 | Clean Ohio Agricultural Easement | $ | 5,892,856 | 38133 | |||
| Total Department of Agriculture | $ | 5,892,856 | 38134 | ||||
| TOTAL Clean Ohio Agricultural Easement Fund | $ | 5,892,856 | 38135 | ||||
| AGRICULTURAL EASEMENT PURCHASE | 38136 |
| The foregoing appropriation item CAP-047, Clean Ohio | 38137 |
| Agricultural Easement, shall be used in accordance with sections | 38138 |
| 901.21, 901.22, and 5301.67 to 5301.70 of the Revised Code. | 38139 |
| Section 269.10. All items set forth in this section are | 38140 |
| hereby appropriated out of any moneys in the state treasury to the | 38141 |
| credit of the Clean Ohio Trail Fund (Fund 061) that are not | 38142 |
| otherwise appropriated: | 38143 |
| Reappropriations |
| 38144 |
| CAP-014 | Clean Ohio Trail Fund | $ | 6,344,000 | 38145 | |||
| Total Department of Natural Resources | $ | 6,344,000 | 38146 | ||||
| TOTAL Clean Ohio Trail Fund | $ | 6,344,000 | 38147 | ||||
| Section 269.20. CLEAN OHIO TRAIL | 38149 |
| The amount reappropriated for the foregoing appropriation | 38150 |
| item CAP-014, Clean Ohio Trail, is $700,000 plus the unencumbered | 38151 |
| and unallotted balance as of June 30, 2006, in item CAP-014, Clean | 38152 |
| Ohio Trail. The $700,000 represents amounts that were previously | 38153 |
| appropriated, allocated to nonprofit organizations and local | 38154 |
| political subdivisions pursuant to division (C) of section 1519.05 | 38155 |
| of the Revised Code, and encumbered for local project grants. The | 38156 |
| encumbrances for these local projects shall be cancelled by the | 38157 |
| Director of Natural Resources or the Director of Budget and | 38158 |
| Management. The Director of Natural Resources shall allocate the | 38159 |
| $700,000 to new local project grants meeting the requirements of | 38160 |
| section 1519.05 of the Revised Code. | 38161 |
| Section 271.10. All items set forth in this section are | 38162 |
| hereby appropriated out of any moneys in the state treasury to the | 38163 |
| credit of the Clean Ohio Revitalization Fund (Fund 003) that are | 38164 |
| not otherwise appropriated: | 38165 |
| Appropriations |
| 38166 |
| CAP-001 | Clean Ohio Revitalization | $ | 43,000,000 | 38167 | |||
| CAP-002 | Clean Ohio Assistance | $ | 10,000,000 | 38168 | |||
| Total Department of Development | $ | 53,000,000 | 38169 | ||||
| TOTAL Clean Ohio Assistance Fund | $ | 53,000,000 | 38170 | ||||
| Section 271.20. CLEAN OHIO REVITALIZATION | 38172 |
| The Treasurer of State is hereby authorized to issue and | 38173 |
| sell, in accordance with Section 2o of Article VIII, Ohio | 38174 |
| Constitution, and pursuant to sections 151.01 and 151.40 of the | 38175 |
| Revised Code, original obligations in an aggregate principal | 38176 |
| amount not to exceed $50,000,000, in addition to the original | 38177 |
| issuance of obligations heretofore authorized by prior acts of the | 38178 |
| General Assembly. These authorized obligations shall be issued and | 38179 |
| sold from time to time, subject to applicable constitutional and | 38180 |
| statutory limitations, as needed to ensure sufficient moneys to | 38181 |
| the credit of the Clean Ohio Revitalization Fund (Fund 003) to pay | 38182 |
| costs of revitalization projects. | 38183 |
| Section 273.10. All items set forth in this section are | 38184 |
| hereby appropriated out of any moneys in the state treasury to the | 38185 |
| credit of the Job Ready Sites Fund (Fund 012) that are not | 38186 |
| otherwise appropriated: | 38187 |
| Appropriations |
| 38188 |
| CAP-003 | Job Ready Sites | $ | 30,000,000 | 38189 | |||
| Total Department of Development | $ | 30,000,000 | 38190 | ||||
| TOTAL Job Ready Sites Fund | $ | 30,000,000 | 38191 | ||||
| Section 273.20. JOB READY SITES DEVELOPMENT | 38193 |
| The Ohio Public Facilities Commission, upon request of the | 38194 |
| Department of Development, is hereby authorized to issue and sell, | 38195 |
| in accordance with Section 2p of Article VIII, Ohio Constitution, | 38196 |
| and pursuant to sections 151.01 and 151.11 of the Revised Code, | 38197 |
| original obligations of the State of Ohio in an aggregate amount | 38198 |
| not to exceed $30,000,000 in addition to the original issuance of | 38199 |
| obligations heretofore authorized by prior acts of the General | 38200 |
| Assembly. These authorized obligations shall be issued and sold | 38201 |
| from time to time, subject to applicable constitutional and | 38202 |
| statutory limitations, as needed to ensure sufficient moneys to | 38203 |
| the credit of the Job Ready Sites Fund (Fund 012) to pay costs of | 38204 |
| sites and facilities. | 38205 |
| Section 275.10. All items set forth in this section are | 38206 |
| hereby appropriated out of any moneys in the state treasury to the | 38207 |
| credit of the Public School Building Fund (Fund 021) that are not | 38208 |
| otherwise appropriated: | 38209 |
| Appropriations |
| 38210 |
| CAP-622 | Public School Building | $ | 80,000,000 | 38211 | |||
| Total School Facilities Commission | $ | 80,000,000 | 38212 | ||||
| TOTAL Public School Building Fund | $ | 80,000,000 | 38213 | ||||
| Section 277.10. All items set forth in this section are | 38215 |
| hereby appropriated out of any moneys in the state treasury to the | 38216 |
| credit of the Administrative Building Fund (Fund 026) that are not | 38217 |
| otherwise appropriated: | 38218 |
| Appropriations |
| 38219 |
| CAP-020 | Cupola Gutters and Ancillary Roof Improvements | $ | 380,000 | 38220 | |||
| CAP-021 | Exterior Walkway Plaza Repairs | $ | 1,159,000 | 38221 | |||
| CAP-023 | ADA Specific Sidewalk Ramp Replacement | $ | 71,500 | 38222 | |||
| Total Capitol Square Review and Advisory Board | $ | 1,610,500 | 38223 | ||||
| Appropriations |
| 38224 |
| CAP-073 | Asset Procurement | $ | 500,000 | 38225 | |||
| Total Expositions Commission | $ | 500,000 | 38226 | ||||
| Appropriations |
| 38228 |
| CAP-744 | MARCS Equipment | $ | 1,000,000 | 38229 | |||
| Total Department of Natural Resources | $ | 1,000,000 | 38230 | ||||
| TOTAL Administrative Building Fund | $ | 3,110,500 | 38231 | ||||
| Section 277.20. ADMINISTRATIVE BUILDINGS | 38233 |
| The Ohio Building Authority is hereby authorized to issue and | 38234 |
| sell, in accordance with Section 2i of Article VIII, Ohio | 38235 |
| Constitution, and Chapter 152. and other applicable sections of | 38236 |
| the Revised Code, original obligations in an aggregate principal | 38237 |
| amount not to exceed $4,000,000 in addition to the original | 38238 |
| issuance of obligations heretofore authorized by prior acts of the | 38239 |
| General Assembly. These authorized obligations shall be issued and | 38240 |
| sold from time to time, subject to applicable constitutional and | 38241 |
| statutory limitations, as needed to ensure sufficient moneys to | 38242 |
| the credit of the Administrative Building Fund (Fund 026) to pay | 38243 |
| costs of authorized capital facilities. | 38244 |
| Section 279.10. All items set forth in this section are | 38245 |
| hereby appropriated out of any moneys in the state treasury to the | 38246 |
| credit of the Adult Correctional Building Fund (Fund 027) that are | 38247 |
| not otherwise appropriated: | 38248 |
| Appropriations |
| 38249 |
| CAP-008 | Powerhouse/Utility Improvements | $ | 1,147,237 | 38250 | |||
| CAP-009 | Water System/Plant Improvements | $ | 3,510,000 | 38251 | |||
| CAP-017 | Security Improvements - Statewide | $ | 7,191,750 | 38252 | |||
| CAP-111 | General Building Renovations | $ | 16,176,003 | 38253 | |||
| CAP-238 | Electric System Upgrade | $ | 2,000,000 | 38254 | |||
| Total Department of Rehabilitation and Correction | $ | 30,024,990 | 38255 | ||||
| TOTAL Adult Correctional Building Fund | $ | 30,024,990 | 38256 | ||||
| Section 279.20. DRC - ADULT CORRECTION BUILDINGS | 38258 |
| The Ohio Building Authority is hereby authorized to issue and | 38259 |
| sell, in accordance with Section 2i of Article VIII, Ohio | 38260 |
| Constitution, and Chapter 152. and section 307.021 of the Revised | 38261 |
| Code, original obligations in an aggregate principal amount not to | 38262 |
| exceed $20,000,000 in addition to the original issuance of | 38263 |
| obligations heretofore authorized by prior acts of the General | 38264 |
| Assembly. These authorized obligations shall be issued and sold | 38265 |
| from time to time, subject to applicable constitutional and | 38266 |
| statutory limitations, as needed to ensure sufficient moneys to | 38267 |
| the credit of the Adult Correctional Building Fund (Fund 027) to | 38268 |
| pay costs of rehabilitation and correction related capital | 38269 |
| facilities. | 38270 |
| Section 281.10. All items set forth in this section are | 38271 |
| hereby appropriated out of any moneys in the state treasury to the | 38272 |
| credit of the Juvenile Correctional Building Fund (Fund 028) that | 38273 |
| are not otherwise appropriated: | 38274 |
| Appropriations |
| 38275 |
| CAP-801 | Fire Suppression/Safety/Security | $ | 1,750,000 | 38276 | |||
| Total Department of Youth Services | $ | 1,750,000 | 38277 | ||||
| TOTAL Juvenile Correctional Building Fund | $ | 1,750,000 | 38278 | ||||
| Section 281.20. DYS - JUVENILE CORRECTION BUILDINGS | 38280 |
| The Ohio Building Authority is hereby authorized to issue and | 38281 |
| sell, in accordance with Section 2i of Article VIII, Ohio | 38282 |
| Constitution, and Chapter 152. and other applicable sections of | 38283 |
| the Revised Code, original obligations in an aggregate principal | 38284 |
| amount not to exceed $2,000,000 in addition to the original | 38285 |
| issuance of obligations heretofore authorized by prior acts of the | 38286 |
| General Assembly. These authorized obligations shall be issued and | 38287 |
| sold from time to time, subject to applicable constitutional and | 38288 |
| statutory limitations, as needed to ensure sufficient moneys to | 38289 |
| the credit of the Juvenile Correctional Building Fund (Fund 028) | 38290 |
| to pay costs of juvenile correction related capital facilities. | 38291 |
| Section 283.10. All items set forth in this section are | 38292 |
| hereby appropriated out of any moneys in the state treasury to the | 38293 |
| credit of the Ohio Parks and Natural Resources Fund (Fund 031) | 38294 |
| that are not otherwise appropriated: | 38295 |
| Appropriations |
| 38296 |
| CAP-753 | Project Planning | $ | 1,050,000 | 38297 | |||
| CAP-881 | DAM Rehabilitation | $ | 4,000,000 | 38298 | |||
| Total Department of Natural Resources | $ | 5,050,000 | 38299 | ||||
| TOTAL Ohio Parks and Natural Resources Fund | $ | 5,050,000 | 38300 | ||||
| Section 283.20. DNR - NATUREWORKS | 38302 |
| The Ohio Public Facilities Commission is hereby authorized to | 38303 |
| issue and sell, in accordance with Section 2l of Article VIII, | 38304 |
| Ohio Constitution, and pursuant to sections 151.01 and 151.05 of | 38305 |
| the Revised Code, original obligations of the State of Ohio in an | 38306 |
| aggregate amount not to exceed $5,000,000 in addition to the | 38307 |
| original issuance of obligations heretofore authorized by prior | 38308 |
| acts of the General Assembly. These authorized obligations shall | 38309 |
| be issued and sold from time to time, subject to applicable | 38310 |
| constitutional and statutory limitations, as needed to ensure | 38311 |
| sufficient moneys to the credit of the Ohio Parks and Natural | 38312 |
| Resources Fund (Fund 031) to pay costs of natural resources | 38313 |
| capital improvements. | 38314 |
| Section 285.10. All items set forth in this section are | 38315 |
| hereby appropriated out of any moneys in the state treasury to the | 38316 |
| credit of the School Building Program Assistance Fund (Fund 032) | 38317 |
| that are not otherwise appropriated: | 38318 |
| Appropriations |
| 38319 |
| CAP-770 | School Facilities Program Assistance | $ | 585,000,000 | 38320 | |||
| Total School Facilities Commission | $ | 585,000,000 | 38321 | ||||
| TOTAL School Building Program Assistance Fund | $ | 585,000,000 | 38322 | ||||
| Section 285.20. PUBLIC SCHOOL BUILDING ASSISTANCE | 38324 |
| The Ohio Public Facilities Commission is hereby authorized to | 38325 |
| issue and sell, in accordance with Section 2n of Article VIII, | 38326 |
| Ohio Constitution, and pursuant to sections 151.01 and 151.03 of | 38327 |
| the Revised Code, original obligations of the State of Ohio in an | 38328 |
| aggregate amount not to exceed $580,000,000 in addition to the | 38329 |
| original issuance of obligations heretofore authorized by prior | 38330 |
| acts of the General Assembly. These authorized obligations shall | 38331 |
| be issued and sold from time to time, subject to applicable | 38332 |
| constitutional and statutory limitations, as needed to ensure | 38333 |
| sufficient moneys to the credit of the School Building Program | 38334 |
| Assistance Fund (Fund 032) to pay the State's share of the costs | 38335 |
| of capital facilities for a system of common schools throughout | 38336 |
| the State. | 38337 |
| Section 287.10. All items set forth in this section are | 38338 |
| hereby appropriated out of any moneys in the state treasury to the | 38339 |
| credit of the Mental Health Facilities Improvement Fund (Fund 033) | 38340 |
| that are not otherwise appropriated: | 38341 |
| Appropriations |
| 38342 |
| CAP-986 | Campus Consolidation | $ | 5,500,000 | 38343 | |||
| Total Department of Mental Health | $ | 5,500,000 | 38344 | ||||
| TOTAL Mental Health Facilities Improvement Fund | $ | 5,500,000 | 38345 | ||||
| Section 287.20. DMH/DMR - MENTAL HEALTH FACILITY IMPROVEMENT | 38347 |
| FUND 033 | 38348 |
| The Treasurer of State is hereby authorized to issue and | 38349 |
| sell, in accordance with Section 2i of Article VIII, Ohio | 38350 |
| Constitution, Chapter 154. and particularly section 154.20 of the | 38351 |
| Revised Code, original obligations in an aggregate principal | 38352 |
| amount not to exceed $5,000,000, in addition to the original | 38353 |
| issuance of obligations heretofore authorized by prior acts of the | 38354 |
| General Assembly. These authorized obligations shall be issued and | 38355 |
| sold from time to time, subject to applicable constitutional and | 38356 |
| statutory limitations, as needed to ensure sufficient moneys to | 38357 |
| the credit of the Mental Health Facilities Improvement Fund (Fund | 38358 |
| 033) to pay costs of capital facilities for mental hygiene and | 38359 |
| retardation. | 38360 |
| Section 289.10. All items set forth in this section are | 38361 |
| hereby appropriated out of any moneys in the state treasury to the | 38362 |
| credit of the Higher Education Improvement Fund (Fund 034) that | 38363 |
| are not otherwise appropriated. The appropriations made in this | 38364 |
| act are in addition to any other capital appropriations made for | 38365 |
| the 2007-2008 biennium. | 38366 |
| Appropriations |
| 38367 |
| Higher Education Improvement Fund | 38368 |
| CAP-029 | Ohio Library and Information Network | $ | 3,500,000 | 38369 | |||||||
| CAP-068 | Third Frontier Project | $ | 50,000,000 | 38370 | |||||||
| Total Board of Regents | $ | 53,500,000 | 38371 | ||||||||
| TOTAL Higher Education Improvement Fund | $ | 53,500,000 | 38372 | ||||||||
| Section 289.20. BOR - HIGHER EDUCATION IMPROVEMENT | 38374 |
| The Ohio Public Facilities Commission is hereby authorized to | 38375 |
| issue and sell, in accordance with Section 2n of Article VIII, | 38376 |
| Ohio Constitution, and pursuant to sections 151.01 and 151.04 of | 38377 |
| the Revised Code, original obligations of the State of Ohio in an | 38378 |
| aggregate amount not to exceed $54,000,000 in addition to the | 38379 |
| original issuance of obligations heretofore authorized by prior | 38380 |
| acts of the General Assembly. These authorized obligations shall | 38381 |
| be issued and sold from time to time, subject to applicable | 38382 |
| constitutional and statutory limitations, as needed to ensure | 38383 |
| sufficient moneys to the credit of the Higher Education | 38384 |
| Improvement Fund (Fund 034) to pay costs of capital facilities for | 38385 |
| state-supported and state-assisted institutions of higher | 38386 |
| education. | 38387 |
| Section 291.10. THIRD FRONTIER PROJECT | 38388 |
| The foregoing appropriation item CAP-068, Third Frontier | 38389 |
| Project, shall be used to acquire, renovate, or construct | 38390 |
| facilities and purchase equipment for research programs, | 38391 |
| technology development, product development, and commercialization | 38392 |
| programs at or involving state-supported and state-assisted | 38393 |
| institutions of higher education. The funds shall be used to make | 38394 |
| grants awarded on a competitive basis, and shall be administered | 38395 |
| by the Third Frontier Commission. Expenditure of the funds shall | 38396 |
| comply with Section 2n of Article VIII, Ohio Constitution, and | 38397 |
| sections 151.01 and 151.04 of the Revised Code for the period | 38398 |
| beginning July 1, 2006, and ending June 30, 2008. | 38399 |
| The Third Frontier Commission shall develop guidelines | 38400 |
| relative to the application for and selection of projects funded | 38401 |
| from appropriation item CAP-068, Third Frontier Project. The | 38402 |
| commission may develop the guidelines in consultation with other | 38403 |
| interested parties. The Board of Regents and all state-assisted | 38404 |
| and state-supported institutions of higher education shall take | 38405 |
| all actions necessary to implement grants awarded by the Third | 38406 |
| Frontier Commission. | 38407 |
| The foregoing appropriation item CAP-068, Third Frontier | 38408 |
| Project, for which an appropriation is made from the Higher | 38409 |
| Education Improvement Fund (Fund 034), is determined to consist of | 38410 |
| capital improvements and capital facilities for state-supported | 38411 |
| and state-assisted institutions of higher education, and is | 38412 |
| designated for the capital facilities to which proceeds of | 38413 |
| obligations in the Higher Education Improvement Fund (Fund 034) | 38414 |
| are to be applied. | 38415 |
| Section 291.20. The appropriations made in Section 289.10 | 38416 |
| are subject to Sections 256.30, 256.40, 256.50, 256.60, 256.70, | 38417 |
| and 256.80 of this act. | 38418 |
| Section 293.10. All items set forth in this section are | 38419 |
| hereby appropriated out of any moneys in the state treasury to the | 38420 |
| credit of the Parks and Recreation Improvement Fund (Fund 035) | 38421 |
| that are not otherwise appropriated: | 38422 |
| Appropriations |
| 38423 |
| CAP-099 | South Bass Island State Park | $ | 1,500,000 | 38424 | |||
| Total Department of Natural Resources | $ | 1,500,000 | 38425 | ||||
| TOTAL Parks and Recreation Improvement Fund | $ | 1,500,000 | 38426 | ||||
| Section 293.20. DNR - PARKS AND RECREATION IMPROVEMENT | 38428 |
| The Treasurer of State is hereby authorized to issue and | 38429 |
| sell, in accordance with Section 2i of Article VIII, Ohio | 38430 |
| Constitution, Chapter 154. and particularly section 154.22 of the | 38431 |
| Revised Code, original obligations in an aggregate principal | 38432 |
| amount not to exceed $2,000,000, in addition to the original | 38433 |
| issuance of obligations heretofore authorized by prior acts of the | 38434 |
| General Assembly. These authorized obligations shall be issued and | 38435 |
| sold from time to time, subject to applicable constitutional and | 38436 |
| statutory limitations, as needed to ensure sufficient moneys to | 38437 |
| the credit of the Parks and Recreation Improvement Fund (Fund 035) | 38438 |
| to pay costs of capital facilities for parks and recreation. | 38439 |
| Section 295.10. All items set forth in this section are | 38440 |
| hereby appropriated out of any moneys in the state treasury to the | 38441 |
| credit of the State Capital Improvements Fund (Fund 038) that are | 38442 |
| not otherwise appropriated: | 38443 |
| Appropriations |
| 38444 |
| CAP-150 | Local Public Infrastructure | $ | 120,000,000 | 38445 | |||
| Total Public Works Commission | $ | 120,000,000 | 38446 | ||||
| TOTAL State Capital Improvements Fund | $ | 120,000,000 | 38447 | ||||
| The foregoing appropriation item CAP-150, Local Public | 38448 |
| Infrastructure, shall be used in accordance with sections 164.01 | 38449 |
| to 164.12 of the Revised Code. The Director of the Public Works | 38450 |
| Commission may certify to the Director of Budget and Management | 38451 |
| that a need exists to appropriate investment earnings to be used | 38452 |
| in accordance with sections 164.01 to 164.12 of the Revised Code. | 38453 |
| If the Director of Budget and Management determines pursuant to | 38454 |
| division (D) of section 164.08 and section 164.12 of the Revised | 38455 |
| Code that investment earnings are available to support additional | 38456 |
| appropriations, such amounts are hereby appropriated. | 38457 |
| Section 295.20. The Ohio Public Facilities Commission is | 38458 |
| hereby authorized to issue and sell, in accordance with Section 2m | 38459 |
| of Article VIII, Ohio Constitution, and pursuant to sections | 38460 |
| 151.01 and 151.08 of the Revised Code, original obligations of the | 38461 |
| state, in an aggregate principal amount not to exceed | 38462 |
| $120,000,000, in addition to the original obligations heretofore | 38463 |
| authorized by prior acts of the General Assembly. These authorized | 38464 |
| obligations shall be issued and sold from time to time, subject to | 38465 |
| applicable constitutional and statutory limitations, as needed to | 38466 |
| ensure sufficient moneys to the credit of the State Capital | 38467 |
| Improvements Fund (Fund 038) to pay costs of the state in | 38468 |
| financing or assisting in the financing of local subdivision | 38469 |
| capital improvement projects. | 38470 |
| Section 297.10. All items set forth in this section are | 38471 |
| hereby appropriated out of any moneys in the state treasury to the | 38472 |
| credit of the State Capital Improvements Revolving Loan Fund (Fund | 38473 |
| 040). Revenues to the State Capital Improvements Revolving Loan | 38474 |
| Fund shall consist of all repayments of loans made to local | 38475 |
| subdivisions for capital improvements, investment earnings on | 38476 |
| moneys in the fund, and moneys obtained from federal or private | 38477 |
| grants or from other sources for the purpose of making loans for | 38478 |
| the purpose of financing or assisting in the financing of the cost | 38479 |
| of capital improvement projects of local subdivisions. | 38480 |
| Appropriations |
| 38481 |
| CAP-151 | Revolving Loan | $ | 24,100,000 | 38482 | |||
| Total Public Works Commission | $ | 24,100,000 | 38483 | ||||
| TOTAL State Capital Improvements Revolving | 38484 | ||||||
| Loan Fund | $ | 24,100,000 | 38485 | ||||
| The foregoing appropriation item CAP-151, Revolving Loan, | 38486 |
| shall be used in accordance with sections 164.01 to 164.12 of the | 38487 |
| Revised Code. | 38488 |
| Section 299.10. All items set forth in this section are | 38489 |
| hereby appropriated out of any moneys in the state treasury to the | 38490 |
| credit of the Clean Ohio Conservation Fund (Fund 056) that are not | 38491 |
| otherwise appropriated: | 38492 |
| Appropriations |
| 38493 |
| CAP-152 | Clean Ohio Conservation | $ | 37,500,000 | 38494 | |||
| Total Public Works Commission | $ | 37,500,000 | 38495 | ||||
| TOTAL Clean Ohio Conservation Fund | $ | 37,500,000 | 38496 | ||||
| The foregoing appropriation item CAP-152, Clean Ohio | 38497 |
| Conservation, shall be used in accordance with sections 164.20 to | 38498 |
| 164.27 of the Revised Code. If the Public Works Commission | 38499 |
| receives refunds due to project overpayments that are discovered | 38500 |
| during the post-project audit, the Director of the Public Works | 38501 |
| Commission may certify to the Director of Budget and Management | 38502 |
| that refunds have been received. If the Director of Budget and | 38503 |
| Management determines that the project refunds are available to | 38504 |
| support additional appropriations, such amounts are hereby | 38505 |
| appropriated. | 38506 |
| Section 301.10. All items set forth in this section are | 38507 |
| hereby appropriated out of any moneys in the state treasury to the | 38508 |
| credit of the Clean Ohio Agricultural Easement Fund (Fund 057) | 38509 |
| that are not otherwise appropriated: | 38510 |
| Appropriations |
| 38511 |
| CAP-047 | Clean Ohio Agricultural Easement | $ | 6,250,000 | 38512 | |||
| Total Department of Agriculture | $ | 6,250,000 | 38513 | ||||
| TOTAL Clean Ohio Agricultural Easement Fund | $ | 6,250,000 | 38514 | ||||
| Section 301.20. All items set forth in this section are | 38516 |
| hereby appropriated out of any moneys in the state treasury to the | 38517 |
| credit of the Clean Ohio Trail Fund (Fund 061) that are not | 38518 |
| otherwise appropriated: | 38519 |
| Appropriations |
| 38520 |
| CAP-014 | Clean Ohio Trail | $ | 6,250,000 | 38521 | |||
| Total Department of Natural Resources | $ | 6,250,000 | 38522 | ||||
| TOTAL Clean Ohio Trail Fund | $ | 6,250,000 | 38523 | ||||
| Section 301.30. The Ohio Public Facilities Commission is | 38525 |
| hereby authorized to issue and sell, in accordance with Section 2o | 38526 |
| of Article VIII, Ohio Constitution, and pursuant to sections | 38527 |
| 151.01 and 151.09 of the Revised Code, original obligations of the | 38528 |
| state in an aggregate amount not to exceed $50,000,000 in addition | 38529 |
| to the original issuance of obligations heretofore authorized by | 38530 |
| prior acts of the General Assembly. These authorized obligations | 38531 |
| shall be issued and sold from time to time, subject to applicable | 38532 |
| constitutional and statutory limitations, as needed to ensure | 38533 |
| sufficient moneys to the credit of the Clean Ohio Conservation | 38534 |
| Fund (Fund 056), the Clean Ohio Agricultural Easement Fund (Fund | 38535 |
| 057), and the Clean Ohio Trail Fund (Fund 061) to pay costs of | 38536 |
| conservation projects. | 38537 |
| Section 303.10. All items set forth in this section are | 38538 |
| hereby appropriated out of any moneys in the state treasury to the | 38539 |
| credit of the State Fire Marshal Fund (Fund 546) that are not | 38540 |
| otherwise appropriated: | 38541 |
| Appropriations |
| 38542 |
| CAP-114 | Office and Dorm Addition | $ | 1,908,000 | 38543 | |||
| Total Department of Commerce | $ | 1,908,000 | 38544 | ||||
| TOTAL State Fire Marshal Fund | $ | 1,908,000 | 38545 | ||||
| Section 305.10. All items set forth in this section are | 38547 |
| hereby appropriated out of any moneys in the state treasury to the | 38548 |
| credit of the Veterans' Home Improvement Fund (Fund 604) that are | 38549 |
| not otherwise appropriated: | 38550 |
| Appropriations |
| 38551 |
| CAP-781 | Secrest/Veterans' Hall Roof Replacement | $ | 552,500 | 38552 | |||
| Total Ohio Veterans' Home | $ | 552,500 | 38553 | ||||
| TOTAL Veterans' Home Improvement Fund | $ | 552,500 | 38554 | ||||
| Section 401.10. CERTIFICATION OF AVAILABILITY OF MONEYS | 38556 |
| No moneys that require release shall be expended from any | 38557 |
| appropriation contained in this act without certification of the | 38558 |
| Director of Budget and Management that there are sufficient moneys | 38559 |
| in the state treasury in the fund from which the appropriation is | 38560 |
| made. Such certification made by the Office of Budget and | 38561 |
| Management shall be based on estimates of revenue, receipts, and | 38562 |
| expenses. Nothing herein shall be construed as a limitation on | 38563 |
| the authority of the Director of Budget and Management as granted | 38564 |
| in section 126.07 of the Revised Code. | 38565 |
| Section 401.20. LIMITATION ON USE OF CAPITAL APPROPRIATIONS | 38566 |
| The appropriations made in this act, excluding those made to | 38567 |
| the State Capital Improvement Fund (Fund 038) and the State | 38568 |
| Capital Improvements Revolving Loan Fund (Fund 040) for buildings | 38569 |
| or structures, including remodeling and renovations, are limited | 38570 |
| to: | 38571 |
| (A) Acquisition of real property or interest in real | 38572 |
| property; | 38573 |
| (B) Buildings and structures, which includes construction, | 38574 |
| demolition, complete heating, lighting, and lighting fixtures, and | 38575 |
| all necessary utilities, ventilating, plumbing, sprinkling, and | 38576 |
| sewer systems, when such systems are authorized or necessary; | 38577 |
| (C) Architectural, engineering, and professional services | 38578 |
| expenses directly related to the projects; | 38579 |
| (D) Machinery that is a part of structures at the time of | 38580 |
| initial acquisition or construction; | 38581 |
| (E) Acquisition, development, and deployment of new computer | 38582 |
| systems, including the redevelopment or integration of existing | 38583 |
| and new computer systems, but excluding regular or ongoing | 38584 |
| maintenance or support agreements; | 38585 |
| (F) Equipment that meets all the following criteria: | 38586 |
| (1) The equipment is essential in bringing the facility up to | 38587 |
| its intended use. | 38588 |
| (2) The unit cost of the equipment, and not the individual | 38589 |
| parts of a unit, is about $100 or more. | 38590 |
| (3) The equipment has a useful life of five years or more. | 38591 |
| (4) The equipment is necessary for the functioning of the | 38592 |
| particular facility or project. | 38593 |
| No equipment shall be paid for from these appropriations that | 38594 |
| is not an integral part of or directly related to the basic | 38595 |
| purpose or function of a project for which moneys are | 38596 |
| appropriated. This paragraph does not apply to appropriation line | 38597 |
| items for equipment. | 38598 |
| Section 401.30. CONTINGENCY RESERVE REQUIREMENT | 38599 |
| Any request for release of capital appropriations by the | 38600 |
| Director of Budget and Management or the Controlling Board of | 38601 |
| capital appropriations for projects, the contracts for which are | 38602 |
| awarded by the Department of Administrative Services, shall | 38603 |
| contain a contingency reserve, the amount of which shall be | 38604 |
| determined by the Department of Administrative Services, for | 38605 |
| payment of unanticipated project expenses. Any amount deducted | 38606 |
| from the encumbrance for a contractor's contract as an assessment | 38607 |
| for liquidated damages shall be added to the encumbrance for the | 38608 |
| contingency reserve. Contingency reserve funds shall be used to | 38609 |
| pay costs resulting from unanticipated job conditions, to comply | 38610 |
| with rulings regarding building and other codes, to pay costs | 38611 |
| related to errors or omissions in contract documents, to pay costs | 38612 |
| associated with changes in the scope of work, and to pay the cost | 38613 |
| of settlements and judgments related to the project. | 38614 |
| Any funds remaining upon completion of a project, may, upon | 38615 |
| approval of the Controlling Board, be released for the use of the | 38616 |
| institution to which the appropriation was made for another | 38617 |
| capital facilities project or projects. | 38618 |
| Section 401.40. AGENCY ADMINISTRATION OF CAPITAL FACILITIES | 38619 |
| PROJECTS | 38620 |
| Notwithstanding sections 123.01 and 123.15 of the Revised | 38621 |
| Code, the Director of Administrative Services may authorize the | 38622 |
| Departments of Mental Health, Mental Retardation and Developmental | 38623 |
| Disabilities, Alcohol and Drug Addiction Services, Agriculture, | 38624 |
| Jobs and Family Services, Rehabilitation and Correction, Youth | 38625 |
| Services, Public Safety, Transportation, the Ohio Veterans' Home, | 38626 |
| and the Rehabilitation Services Commission to administer any | 38627 |
| capital facilities projects when the estimated cost, including | 38628 |
| design fees, construction, equipment, and contingency amounts, is | 38629 |
| less than $1,500,000. Requests for authorization to administer | 38630 |
| capital facilities projects shall be made in writing to the | 38631 |
| Director of Administrative Services by the respective state agency | 38632 |
| within sixty days after the effective date of the act in which the | 38633 |
| General Assembly initially makes an appropriation for the project. | 38634 |
| Upon the release of funds for such projects by the Controlling | 38635 |
| Board or the Director of Budget and Management, the agency may | 38636 |
| administer the capital project or projects for which agency | 38637 |
| administration has been authorized without the supervision, | 38638 |
| control, or approval of the Director of Administrative Services. | 38639 |
| The state agency authorized by the Director of Administrative | 38640 |
| Services to administer capital facilities projects pursuant to | 38641 |
| this section shall comply with the applicable procedures and | 38642 |
| guidelines established in Chapter 153. of the Revised Code. | 38643 |
| Section 401.50. SATISFACTION OF JUDGMENTS AND SETTLEMENTS | 38644 |
| AGAINST THE STATE | 38645 |
| Except as otherwise provided in this section, an | 38646 |
| appropriation contained in this act or any other act may be used | 38647 |
| for the purpose of satisfying judgments, settlements, or | 38648 |
| administrative awards ordered or approved by the Court of Claims | 38649 |
| or by any other court of competent jurisdiction in connection with | 38650 |
| civil actions against the state. This authorization shall not | 38651 |
| apply to appropriations to be applied to or used for payment of | 38652 |
| guarantees by or on behalf of the state or for payments under | 38653 |
| lease agreements relating to or debt service on bonds, notes, or | 38654 |
| other obligations of the state. Notwithstanding any other section | 38655 |
| of law to the contrary, this authorization includes appropriations | 38656 |
| from funds into which proceeds or direct obligations of the state | 38657 |
| are deposited only to the extent that the judgment, settlement, or | 38658 |
| administrative award is for or represents capital costs for which | 38659 |
| the appropriation may otherwise be used and is consistent with the | 38660 |
| purpose for which any related obligations were issued or entered | 38661 |
| into. Nothing contained in this section is intended to subject the | 38662 |
| state to suit in any forum in which it is not otherwise subject to | 38663 |
| suit, nor is it intended to waive or compromise any defense or | 38664 |
| right available to the state in any suit against it. | 38665 |
| Section 401.60. CAPITAL RELEASES BY THE DIRECTOR OF BUDGET | 38666 |
| AND MANAGEMENT | 38667 |
| Notwithstanding section 126.14 of the Revised Code, | 38668 |
| appropriations for appropriation items CAP-002, Local Jails, and | 38669 |
| CAP-003, Community-Based Correctional Facilities, appropriated | 38670 |
| from the Adult Correctional Building Fund (Fund 027) to the | 38671 |
| Department of Rehabilitation and Correction shall be released upon | 38672 |
| the written approval of the Director of Budget and Management. The | 38673 |
| appropriations from the Public School Building Fund (Fund 021), | 38674 |
| the Education Facilities Trust Fund (Fund N87), and the School | 38675 |
| Building Program Assistance Fund (Fund 032) to the School | 38676 |
| Facilities Commission, from the Transportation Building Fund (Fund | 38677 |
| 029) to the Department of Transportation, from the Clean Ohio | 38678 |
| Conservation Fund (Fund 056) to the Public Works Commission, and | 38679 |
| appropriations from the State Capital Improvement Fund (Fund 038) | 38680 |
| and the State Capital Improvements Revolving Loan Fund (Fund 040) | 38681 |
| to the Public Works Commission shall be released upon presentation | 38682 |
| of a request to release the funds, by the agency to which the | 38683 |
| appropriation has been made, to the Director of Budget and | 38684 |
| Management. | 38685 |
| Section 401.70. PREVAILING WAGE REQUIREMENT | 38686 |
| Except as provided in section 4115.04 of the Revised Code, no | 38687 |
| moneys appropriated or reappropriated by the 126th General | 38688 |
| Assembly shall be used for the construction of public | 38689 |
| improvements, as defined in section 4115.03 of the Revised Code, | 38690 |
| unless the mechanics, laborers, or workers engaged therein are | 38691 |
| paid the prevailing rate of wages as prescribed in section 4115.04 | 38692 |
| of the Revised Code. Nothing in this section shall affect the | 38693 |
| wages and salaries established for state employees under the | 38694 |
| provisions of Chapter 124. of the Revised Code, or collective | 38695 |
| bargaining agreements entered into by the state pursuant to | 38696 |
| Chapter 4117. of the Revised Code, while engaged on force account | 38697 |
| work, nor shall this section interfere with the use of inmate and | 38698 |
| patient labor by the state. | 38699 |
| Section 401.80. CAPITAL FACILITIES LEASES | 38700 |
| Capital facilities for which appropriations are made from the | 38701 |
| Highway Safety Building Fund (Fund 025), the Administrative | 38702 |
| Building Fund (Fund 026), the Adult Correctional Building Fund | 38703 |
| (Fund 027), and the Juvenile Correctional Building Fund (Fund 028) | 38704 |
| may be leased by the Ohio Building Authority to the Department of | 38705 |
| Public Safety, the Department of Youth Services, the Department of | 38706 |
| Administrative Services, and the Department of Rehabilitation and | 38707 |
| Correction, and other agreements may be made by the Ohio Building | 38708 |
| Authority and the departments with respect to the use or purchase | 38709 |
| of such capital facilities, or subject to the approval of the | 38710 |
| director of the department or the commission, the Ohio Building | 38711 |
| Authority may lease such capital facilities to, and make other | 38712 |
| agreements with respect to the use or purchase thereof with, any | 38713 |
| governmental agency or nonprofit corporation having authority | 38714 |
| under law to own, lease, or operate such capital facilities. The | 38715 |
| director of the department or the commission may sublease such | 38716 |
| capital facilities to, and make other agreements with respect to | 38717 |
| the use or purchase thereof with, any such governmental agency or | 38718 |
| nonprofit corporation, which may include provisions for | 38719 |
| transmittal of receipts of that agency or nonprofit corporation of | 38720 |
| any charges for the use of such facilities, all upon such terms | 38721 |
| and conditions as the parties may agree upon and any other | 38722 |
| provision of law affecting the leasing, acquisition, or | 38723 |
| disposition of capital facilities by such parties. | 38724 |
| Section 401.90. AUTHORIZATION OF THE DIRECTOR OF BUDGET AND | 38725 |
| MANAGEMENT | 38726 |
| The Director of Budget and Management shall authorize both of | 38727 |
| the following: | 38728 |
| (A) The initial release of moneys for projects from the funds | 38729 |
| into which proceeds of direct obligations of the state are | 38730 |
| deposited. | 38731 |
| (B) The expenditure or encumbrance of moneys from funds into | 38732 |
| which proceeds of direct obligations are deposited, only after | 38733 |
| determining to the director's satisfaction that either of the | 38734 |
| following apply: | 38735 |
| (1) The application of such moneys to the particular project | 38736 |
| will not negatively affect any exemption or exclusion from federal | 38737 |
| income tax of the interest or interest equivalent on obligations, | 38738 |
| issued to provide moneys to the particular fund. | 38739 |
| (2) Moneys for the project will come from the proceeds of | 38740 |
| obligations, the interest on which is not so excluded or exempt | 38741 |
| and which have been authorized as "taxable obligations" by the | 38742 |
| issuing authority. | 38743 |
| The director shall report any nonrelease of moneys pursuant | 38744 |
| to this section to the Governor, the presiding officer of each | 38745 |
| house of the General Assembly, and the agency for the use of which | 38746 |
| the project is intended. | 38747 |
| Section 403.10. OHIO ADMINISTRATIVE KNOWLEDGE SYSTEM PROJECT | 38748 |
| The Ohio Administrative Knowledge System (OAKS) shall be an | 38749 |
| enterprise resource planning system that replaces the state's | 38750 |
| central services infrastructure systems, including, but not | 38751 |
| limited to, the central accounting system, the human | 38752 |
| resources/payroll system, the capital improvements projects | 38753 |
| tracking system, the fixed assets management system, and the | 38754 |
| procurement system. The Department of Administrative Services, in | 38755 |
| conjunction with the Office of Budget and Management, may acquire | 38756 |
| the system, including, but not limited to, the enterprise resource | 38757 |
| planning software and installation and implementation thereof | 38758 |
| pursuant to Chapter 125. of the Revised Code. Any lease-purchase | 38759 |
| arrangement utilized under Chapter 125. of the Revised Code, | 38760 |
| including any fractionalized interest therein as defined in | 38761 |
| division (N) of section 133.01 of the Revised Code, shall provide | 38762 |
| at the end of the lease periods that OAKS becomes the property of | 38763 |
| the state. | 38764 |
| Section 403.20. SCHOOL FACILITIES ENCUMBRANCES AND | 38765 |
| REAPPROPRIATION | 38766 |
| At the request of the Executive Director of the Ohio School | 38767 |
| Facilities Commission, the Director of Budget and Management may | 38768 |
| cancel encumbrances for school district projects from a previous | 38769 |
| biennium if the district has not raised its local share of project | 38770 |
| costs within one year of receiving Controlling Board approval in | 38771 |
| accordance with section 3318.05 of the Revised Code. The Executive | 38772 |
| Director of the Ohio School Facilities Commission shall certify | 38773 |
| the amounts of these canceled encumbrances to the Director of | 38774 |
| Budget and Management on a quarterly basis. The amounts of the | 38775 |
| canceled encumbrances are hereby appropriated. | 38776 |
| Section 403.30. REAPPROPRIATION OF UNEXPENDED ENCUMBERED | 38777 |
| BALANCES OF CAPITAL APPROPRIATIONS | 38778 |
| (A) An unexpended balance of a capital appropriation or | 38779 |
| reappropriation that a state agency has lawfully encumbered prior | 38780 |
| to the close of a capital biennium is hereby reappropriated for | 38781 |
| the following capital biennium from the fund from which it was | 38782 |
| originally appropriated or was reappropriated and shall be used | 38783 |
| only for the purpose of discharging the encumbrance in the | 38784 |
| following capital biennium. For those encumbered appropriations or | 38785 |
| reappropriations, any Controlling Board approval previously | 38786 |
| granted and referenced by the encumbering document remains in | 38787 |
| effect until the encumbrance is discharged in the following | 38788 |
| capital biennium or until the encumbrance expires at the end of | 38789 |
| the following capital biennium. | 38790 |
| (B) At the end of the reappropriation period provided for by | 38791 |
| division (A) of this section, an unexpended balance of a capital | 38792 |
| appropriation or reappropriation that remains encumbered at the | 38793 |
| end of that period is hereby reappropriated for the next capital | 38794 |
| biennium from the fund from which it was originally appropriated | 38795 |
| or was reappropriated and shall be used only for the purpose of | 38796 |
| discharging the encumbrance in the next capital biennium. For | 38797 |
| those encumbered appropriations or reappropriations, any | 38798 |
| Controlling Board approval previously granted and referenced by | 38799 |
| the encumbering document remains in effect until the encumbrance | 38800 |
| is discharged in the next capital biennium or until the | 38801 |
| encumbrance expires at the end of the next capital biennium. | 38802 |
| (C) At the end of the reappropriation period provided for by | 38803 |
| division (B) of this section, a reappropriation made pursuant to | 38804 |
| division (B) of this section shall lapse, and the encumbrance | 38805 |
| shall expire. | 38806 |
| (D) If an encumbrance expired pursuant to division (C) of | 38807 |
| this section, the Director of Budget and Management may | 38808 |
| re-establish the encumbrance as provided in this division. If a | 38809 |
| reappropriation for a project is made by the General Assembly for | 38810 |
| the biennium immediately following the biennium in which an | 38811 |
| encumbrance for that project expired, the Director of Budget and | 38812 |
| Management may re-establish the encumbrance in an amount not to | 38813 |
| exceed the amount of the expired encumbrance, in the name of the | 38814 |
| contractor named in the expired encumbrance, and for the same | 38815 |
| purpose specified in the expired encumbrance. The encumbrance | 38816 |
| amount shall be in addition to the amount of the reappropriation | 38817 |
| and is hereby reappropriated. The amount re-encumbered shall be | 38818 |
| used only for the purpose of discharging the encumbrance in the | 38819 |
| capital biennium for which the reappropriation was made. For those | 38820 |
| re-encumbered reappropriations, any Controlling Board approval | 38821 |
| previously granted and referenced by the expired encumbering | 38822 |
| document remains in effect until the encumbrance is discharged or | 38823 |
| expires at the end of the capital biennium for which the | 38824 |
| reappropriation was made. If any portion of the amount | 38825 |
| re-encumbered by the Director of Budget and Management under this | 38826 |
| division is not expended prior to the close of the capital | 38827 |
| biennium for which the reappropriation was made, that amount is | 38828 |
| hereby reappropriated for the following capital biennium as | 38829 |
| provided for in division (A) of this section and subject to the | 38830 |
| provisions of division (A) of this section. | 38831 |
| Section 403.40. Capital reappropriations in this act that | 38832 |
| have been released by the Controlling Board or the Director of | 38833 |
| Budget and Management between June 30, 2004, and July 1, 2006, do | 38834 |
| not require further approval or release prior to being encumbered. | 38835 |
| Funds reappropriated in excess of such prior releases shall be | 38836 |
| released in accordance with applicable provisions of this act. | 38837 |
| Section 403.50. Unless otherwise specified, the | 38838 |
| reappropriations made in this act represent the unencumbered and | 38839 |
| unallotted balances of prior years' capital improvements | 38840 |
| appropriations estimated to be available on June 30, 2006. The | 38841 |
| actual balances on June 30, 2006, for the appropriation items in | 38842 |
| this act are hereby reappropriated. Additionally, there is hereby | 38843 |
| reappropriated the unencumbered and unallotted balances on June | 38844 |
| 30, 2006, of any appropriation items either reappropriated in Am. | 38845 |
| Sub. S.B. 189 of the 125th General Assembly or appropriated in Am. | 38846 |
| Sub. H.B. 16 of the 126th General Assembly, or created by the | 38847 |
| Controlling Board pursuant to section 127.15 of the Revised Code | 38848 |
| from appropriation items in Am. Sub. S.B. 189 of the 125th General | 38849 |
| Assembly and Am. Sub. H.B. 16 of the 126th General Assembly, and | 38850 |
| this act, if the Director of Budget and Management determines that | 38851 |
| such balances are needed to complete the projects for which they | 38852 |
| were reappropriated or appropriated. The appropriation items and | 38853 |
| amounts that are reappropriated by this act shall be reported to | 38854 |
| the Controlling Board within 30 days after the effective date of | 38855 |
| this section. | 38856 |
| Section 403.60. No appropriation for a health care facility | 38857 |
| authorized under this act may be released until the requirements | 38858 |
| of sections 3702.51 to 3702.68 of the Revised Code have been met. | 38859 |
| Section 403.70. All proceeds received by the state as a | 38860 |
| result of litigation, judgments, settlements, or claims, filed by | 38861 |
| or on behalf of any state agency as defined by section 1.60 of the | 38862 |
| Revised Code or any state-supported or state-assisted institution | 38863 |
| of higher education, for damages or costs resulting from the use, | 38864 |
| removal, or hazard abatement of asbestos materials shall be | 38865 |
| deposited in the Asbestos Abatement Distribution Fund (Fund 674). | 38866 |
| All funds deposited into the Asbestos Abatement Distribution Fund | 38867 |
| are hereby appropriated to the Attorney General. To the extent | 38868 |
| practicable, the proceeds placed in the Asbestos Abatement | 38869 |
| Distribution Fund shall be divided among the state agencies and | 38870 |
| state-supported or state-assisted institutions of higher education | 38871 |
| in accordance with the general provisions of the litigation | 38872 |
| regarding the percentage of recovery. Distribution of the proceeds | 38873 |
| to each state agency or state-supported or state-assisted | 38874 |
| institution of higher education shall be made in accordance with | 38875 |
| the Asbestos Abatement Distribution Plan to be developed by the | 38876 |
| Attorney General, the Division of Public Works within the | 38877 |
| Department of Administrative Services, and the Office of Budget | 38878 |
| and Management. | 38879 |
| In those circumstances where asbestos litigation proceeds are | 38880 |
| for reimbursement of expenditures made with funds outside the | 38881 |
| state treasury or damages to buildings not constructed with state | 38882 |
| appropriations, direct payments shall be made to the affected | 38883 |
| institutions of higher education. Any proceeds received for | 38884 |
| reimbursement of expenditures made with funds within the state | 38885 |
| treasury or damages to buildings occupied by state agencies shall | 38886 |
| be distributed to the affected agencies with an intrastate | 38887 |
| transfer voucher to the funds identified in the Asbestos Abatement | 38888 |
| Distribution Plan. | 38889 |
| Such proceeds shall be used for additional asbestos abatement | 38890 |
| or encapsulation projects, or for other capital improvements, | 38891 |
| except that proceeds distributed to the General Revenue Fund and | 38892 |
| other funds that are not bond improvement funds may be used for | 38893 |
| any purpose. The Controlling Board may, for bond improvement | 38894 |
| funds, create appropriation items or increase appropriation | 38895 |
| authority in existing appropriation items equaling the amount of | 38896 |
| such proceeds. Such amounts approved by the Controlling Board are | 38897 |
| hereby appropriated. Such proceeds deposited in bond improvement | 38898 |
| funds shall not be expended until released by the Controlling | 38899 |
| Board, which shall require certification by the Director of Budget | 38900 |
| and Management that such proceeds are sufficient and available to | 38901 |
| fund the additional anticipated expenditures. | 38902 |
| Section 403.80. OBLIGATIONS ISSUED UNDER CHAPTER 151. OF THE | 38903 |
| REVISED CODE | 38904 |
| The capital improvements for which appropriations are made in | 38905 |
| this act from the Ohio Parks and Natural Resources Fund (Fund | 38906 |
| 031), the School Building Program Assistance Fund (Fund 032), the | 38907 |
| Higher Education Improvement Fund (Fund 034), the State Capital | 38908 |
| Improvements Fund (Fund 038), the Clean Ohio Conservation Fund | 38909 |
| (Fund 056), the Clean Ohio Agricultural Easement Fund (Fund 057), | 38910 |
| and the Clean Ohio Trail Fund (Fund 061) are determined to be | 38911 |
| capital improvements and capital facilities for natural resources, | 38912 |
| a statewide system of common schools, state-supported and | 38913 |
| state-assisted institutions of higher education, local subdivision | 38914 |
| capital improvement projects, and conservation purposes (under the | 38915 |
| Clean Ohio Program) and are designated as capital facilities to | 38916 |
| which proceeds of obligations issued under Chapter 151. of the | 38917 |
| Revised Code are to be applied. | 38918 |
| Section 403.90. OBLIGATIONS ISSUED UNDER CHAPTER 152. OF THE | 38919 |
| REVISED CODE | 38920 |
| The capital improvements for which appropriations are made in | 38921 |
| this act from the Highway Safety Building Fund (Fund 025), the | 38922 |
| Administrative Building Fund (Fund 026), the Adult Correctional | 38923 |
| Building Fund (Fund 027), the Juvenile Correctional Building Fund | 38924 |
| (Fund 028), and the Transportation Building Fund (Fund 029) are | 38925 |
| determined to be capital improvements and capital facilities for | 38926 |
| housing state agencies and branches of state government and are | 38927 |
| designated as capital facilities to which proceeds of obligations | 38928 |
| issued under Chapter 152. of the Revised Code are to be applied. | 38929 |
| Section 405.10. OBLIGATIONS ISSUED UNDER CHAPTER 154. OF THE | 38930 |
| REVISED CODE | 38931 |
| The capital improvements for which appropriations are made in | 38932 |
| this act from the Cultural and Sports Facilities Building Fund | 38933 |
| (Fund 030), the Mental Health Facilities Improvement Fund (Fund | 38934 |
| 033), and the Parks and Recreation Improvement Fund (Fund 035) are | 38935 |
| determined to be capital improvements and capital facilities for | 38936 |
| housing state agencies and branches of government, mental hygiene | 38937 |
| and retardation, and parks and recreation and are designated as | 38938 |
| capital facilities to which proceeds of obligations issued under | 38939 |
| Chapter 154. of the Revised Code are to be applied. | 38940 |
| Section 405.20. Upon the request of the agency to which a | 38941 |
| capital project appropriation item is appropriated, the Director | 38942 |
| of Budget and Management may transfer open encumbrance amounts | 38943 |
| between separate encumbrances for the project appropriation item | 38944 |
| to the extent that any reductions in encumbrances are agreed to by | 38945 |
| the contracting vendor and the agency. | 38946 |
| Section 405.30. Any proceeds received by the state as the | 38947 |
| result of litigation or a settlement agreement related to any | 38948 |
| liability for the planning, design, engineering, construction, or | 38949 |
| constructed management of such facilities operated by the | 38950 |
| Department of Administrative Services shall be deposited into the | 38951 |
| Administrative Building Fund (Fund 026). | 38952 |
| Section 405.40. Sections 203.10 to 405.30 of this act shall | 38953 |
| remain in full force and effect commencing on July 1, 2006, and | 38954 |
| terminating on June 30, 2008, for the purpose of drawing money | 38955 |
| from the state treasury in payment of liabilities lawfully | 38956 |
| incurred hereunder, and on June 30, 2008, and not before, the | 38957 |
| moneys hereby appropriated shall lapse into the funds from which | 38958 |
| they are severally appropriated. If, under Section 1c of Article | 38959 |
| II, Ohio Constitution, Section 1c, Sections 203.10 to 405.30 of | 38960 |
| this act do not take effect until after July 1, 2006, Sections | 38961 |
| 203.10 to 405.30 of this act shall be and remain in full force and | 38962 |
| effect commencing on that later effective date. | 38963 |
| Section 405.50. TRANSFERS TO THE SCHOOL DISTRICT SOLVENCY | 38964 |
| ASSISTANCE FUND (FUND 5H3) | 38965 |
| Notwithstanding any provision of law to the contrary, upon | 38966 |
| the request of the Superintendent of Public Instruction, the | 38967 |
| Director of Budget and Management may make transfers of cash to | 38968 |
| the School District Solvency Assistance Fund (Fund 5H3) from any | 38969 |
| Department of Education administered fund or the General Revenue | 38970 |
| Fund to maintain sufficient cash balances in the School District | 38971 |
| Solvency Assistance Fund (Fund 5H3) in fiscal years 2006 and 2007 | 38972 |
| for providing assistance and grants to school districts to enable | 38973 |
| them to remain solvent and to pay unforeseeable expenses of a | 38974 |
| temporary or emergency nature that they are unable to pay from | 38975 |
| existing resources. The Director of Budget and Management shall | 38976 |
| notify the members of the Controlling Board of any such transfers. | 38977 |
| This section is not subject to the referendum. Therefore, | 38978 |
| under Ohio Constitution, Article II, Section 1d and section 1.471 | 38979 |
| of the Revised Code, this section goes into immediate effect when | 38980 |
| this act becomes law. | 38981 |
| Section 405.60. The amendment of section 6301.03 of the | 38982 |
| Revised Code by Am. Sub. S.B. 189 of the 125th General Assembly | 38983 |
| applies on and after July 1, 2004. Local areas and sub-recipients | 38984 |
| of a local area may continue to use the public assistance fund to | 38985 |
| facilitate close out of workforce development activities conducted | 38986 |
| pursuant to the "Workforce Investment Act of 1998," 112 Stat. 936, | 38987 |
| 29 U.S.C. 2801, as amended, or Chapter 6301. of the Revised Code | 38988 |
| that occurred prior to July 1, 2004. | 38989 |
| Section 506.03. (A) If money deposited into an escrow account | 38990 |
| under section 153.63 of the Revised Code by the Department of | 38991 |
| Administrative Services has not been released pursuant to that | 38992 |
| section due to the failure of the contractor, within three years, | 38993 |
| to give notice requesting release, the money shall be released | 38994 |
| pursuant to division (B) of this section to the Director of | 38995 |
| Administrative Services, who shall deposit it to the credit of the | 38996 |
| State Architect's Fund created under section 123.10 of the Revised | 38997 |
| Code. | 38998 |
| (B) Notwithstanding section 153.63 of the Revised Code, the | 38999 |
| escrow agent in charge of the money described in division (A) of | 39000 |
| this section shall release the money to the Director if all of the | 39001 |
| following occur: | 39002 |
| (1) The Director notifies the contractor of the existence of | 39003 |
| the escrowed amount in writing, sent by certified mail to the | 39004 |
| contractor's last known address and to the last known address of | 39005 |
| the contractor's statutory agent, if such agent exists; | 39006 |
| (2) In the event a mechanics lien has been filed against the | 39007 |
| contractor pursuant to sections 1311.25 to 1311.32 of the Revised | 39008 |
| Code for labor performed or materials supplied in connection with | 39009 |
| the project, the Director notifies the lien claimant of the | 39010 |
| existence of the escrowed amount in writing, sent by certified | 39011 |
| mail to the lien claimant's last known address and to the last | 39012 |
| known address of the lien claimant's statutory agent, if such | 39013 |
| agent exists; | 39014 |
| (3) The contractor or statutory agent and, if applicable, the | 39015 |
| lien claimant or statutory agent fail to respond to the notice by | 39016 |
| the date that is sixty days after the date the notice is sent. | 39017 |
| (C) Money released to the Director pursuant to this section | 39018 |
| shall be considered an additional fee related to the | 39019 |
| administration of the contract for which the escrow deposit was | 39020 |
| made. | 39021 |
| Section 512.03. CASH TRANSFER TO DEPARTMENT OF HEALTH'S | 39022 |
| GENERAL OBLIGATIONS FUND | 39023 |
| Not later than 30 days after the effective date of this | 39024 |
| section, the Director of Budget and Management shall transfer | 39025 |
| $103,981.68 cash from the Adjutant General's Department's Camp | 39026 |
| Perry Clubhouse and Rental Fund (Fund 536) to the Department of | 39027 |
| Health's General Obligations Fund (Fund 392). | 39028 |
| Section 512.03.03. DEPARTMENT OF EDUCATION APPROPRIATION | 39029 |
| TRANSFERS | 39030 |
| The Director of Budget and Management, in consultation with | 39031 |
| the Superintendent of Public Instruction, may transfer up to | 39032 |
| $200,000 in fiscal year 2006 and up to $300,000 in fiscal year | 39033 |
| 2007 of unspent and unencumbered balances of General Revenue Fund | 39034 |
| appropriation items within the Department of Education to GRF | 39035 |
| appropriation item 200-421, Alternative Education Programs. The | 39036 |
| funds transferred shall be used for the administration of the | 39037 |
| Educational Choice Scholarship Pilot Program. All funds | 39038 |
| transferred under this section are hereby appropriated. | 39039 |
| Section 512.06. TRANSFERS TO STATE NEED-BASED FINANCIAL AID | 39040 |
| PROGRAMS | 39041 |
| In fiscal year 2006, if the Chancellor of the Board of | 39042 |
| Regents determines that additional funds are needed to support the | 39043 |
| distribution of state need-based financial aid in accordance with | 39044 |
| section 3333.12 of the Revised Code, the Chancellor shall | 39045 |
| recommend the reallocation of unencumbered and unobligated | 39046 |
| appropriation balances of General Revenue Fund appropriation items | 39047 |
| within the Board of Regents to GRF appropriation item 235-503, | 39048 |
| Ohio Instructional Grants. If the Director of Budget and | 39049 |
| Management determines that such a reallocation is required, the | 39050 |
| Director may transfer those identified unencumbered and | 39051 |
| unobligated funds within the Board of Regents as necessary to GRF | 39052 |
| appropriation item 235-503, Ohio Instructional Grants. The amounts | 39053 |
| transferred to appropriation item 235-503, Ohio Instructional | 39054 |
| Grants, are hereby appropriated. If those unencumbered and | 39055 |
| unobligated funds are not sufficient to support the distribution | 39056 |
| of state need-based financial aid in accordance with section | 39057 |
| 3333.12 of the Revised Code in fiscal year 2006, the Director of | 39058 |
| Budget and Management may increase the appropriation from the | 39059 |
| General Revenue Fund of appropriation item 235-503, Ohio | 39060 |
| Instructional Grants, in fiscal year 2006 by up to $30,000,000. | 39061 |
| In fiscal year 2007, if the Chancellor of the Board of | 39062 |
| Regents determines that additional funds are needed to support the | 39063 |
| distribution of state need-based financial aid in accordance with | 39064 |
| sections 3333.12 and 3333.122 of the Revised Code, the Chancellor | 39065 |
| shall recommend the reallocation of unencumbered and unobligated | 39066 |
| appropriation balances of General Revenue Fund appropriation items | 39067 |
| within the Board of Regents to GRF appropriation items 235-503, | 39068 |
| Ohio Instructional Grants, and 235-563, Ohio College Opportunity | 39069 |
| Grant. If the Director of Budget and Management determines that | 39070 |
| such a reallocation is required, the Director may transfer those | 39071 |
| identified unencumbered and unobligated funds within the Board of | 39072 |
| Regents as necessary to GRF appropriation items 235-503, Ohio | 39073 |
| Instructional Grants, and 235-563, Ohio College Opportunity Grant. | 39074 |
| The amounts transferred to appropriation items 235-503, Ohio | 39075 |
| Instructional Grants, and 235-563, Ohio College Opportunity Grant, | 39076 |
| are hereby appropriated. If those unencumbered and unobligated | 39077 |
| funds are not sufficient to support the distribution of state | 39078 |
| need-based financial aid in accordance with sections 3333.12 and | 39079 |
| 3333.122 of the Revised Code in fiscal year 2007, the Director of | 39080 |
| Budget and Management may increase the appropriation from the | 39081 |
| General Revenue Fund of appropriation items 235-503, Ohio | 39082 |
| Instructional Grants, and 235-563, Ohio College Opportunity Grant, | 39083 |
| in fiscal year 2007. The combined increase to appropriation items | 39084 |
| 235-503, Ohio Instructional Grants, and 235-563, Ohio College | 39085 |
| Opportunity Grant, authorized under this section shall not exceed | 39086 |
| $30,000,000 in fiscal year 2007. | 39087 |
| Section 512.12. DEPARTMENT OF MENTAL RETARDATION AND | 39088 |
| DEVELOPMENTAL DISABILITIES | 39089 |
| By June 30, 2006, or as soon as possible thereafter, the | 39090 |
| Director of Budget and Management shall, to fulfill the | 39091 |
| requirement of section 5123.23 of the Revised Code, transfer | 39092 |
| $4,163.90 cash from the Miscellaneous Revenue Fund (Fund 152 in | 39093 |
| the Department of Mental Retardation and Developmental | 39094 |
| Disabilities) to the General Revenue Fund. | 39095 |
| Section 512.15. TRANSFER TO DEPARTMENT OF JOB AND FAMILY | 39096 |
| SERVICES FOR PACE PAYMENTS | 39097 |
| The Director of Job and Family Services and the Director of | 39098 |
| Aging may certify on a quarterly basis to the Director of Budget | 39099 |
| and Management the nonfederal amount paid to PACE providers for | 39100 |
| Medicaid services. On receipt of the certification, the Director | 39101 |
| of Budget and Management may: | 39102 |
| (1) Transfer appropriations equal to the amount certified | 39103 |
| from GRF appropriation item 490-421, PACE, to GRF appropriation | 39104 |
| item 600-525, Health Care/Medicaid; | 39105 |
| (2) Increase the appropriation of GRF appropriation item | 39106 |
| 600-525, Health Care/Medicaid, by the corresponding federal share; | 39107 |
| and | 39108 |
| (3) Decrease the appropriation in appropriation item 490-621, | 39109 |
| PACE-Federal, (Fund 3C4) by the corresponding federal share. | 39110 |
| Section 512.18. TRANSFER TO THE DEPARTMENT OF JOB AND FAMILY | 39111 |
| SERVICES FROM THE DEPARTMENT OF EDUCATION | 39112 |
| Transfers from the Department of Education to the Department | 39113 |
| of Job and Family Services pursuant to section 3317.023 of the | 39114 |
| Revised Code are hereby appropriated to appropriation item | 39115 |
| 600-671, Medicaid Program Support. Federal funds generated by | 39116 |
| expenditure of the transfers are hereby appropriated to | 39117 |
| appropriation item 600-623, Health Care Federal. Within seven days | 39118 |
| after initiating the transfer, the Director of Job and Family | 39119 |
| Services shall notify the Director of Budget and Management of the | 39120 |
| transfer. | 39121 |
| Section 515.03. (A) The Director of Budget and Management | 39122 |
| shall, on the effective date of this section, supersede and | 39123 |
| replace the Auditor of State in all matters relating to the | 39124 |
| drawing of warrants for the payment or transfer of money from the | 39125 |
| state treasury (referred to in this section as "the payment | 39126 |
| function"). With respect to the payment function, the Director | 39127 |
| shall succeed to and perform all of the duties, powers, and | 39128 |
| obligations of the Auditor of State provided for by law. | 39129 |
| (B) Any aspect of the payment function commenced but not | 39130 |
| completed by the Auditor of State on the effective date of this | 39131 |
| section shall be completed by the Director or the staff of the | 39132 |
| Office of Budget and Management in the same manner, and with the | 39133 |
| same effect, as if completed by the Auditor of State or the staff | 39134 |
| of the Auditor of State. Any validation, cure, right, privilege, | 39135 |
| remedy, obligation, or liability related to the payment function | 39136 |
| is not lost or impaired by reason of the transfer required by this | 39137 |
| section and shall be administered by the Office of Budget and | 39138 |
| Management. All of the rules, orders, and determinations of the | 39139 |
| Auditor of State in relation to the payment function continue in | 39140 |
| effect as rules, orders, and determinations of the Director of | 39141 |
| Budget and Management until modified or rescinded by the Director. | 39142 |
| At the request of the Auditor of State and if necessary to ensure | 39143 |
| the integrity of the numbering of the Administrative Code, the | 39144 |
| Director of the Legislative Service Commission shall renumber | 39145 |
| rules of the Auditor of State in relation to the payment function | 39146 |
| to reflect the transfer to the Director of Budget and Management. | 39147 |
| (C) Subject to the lay-off provisions of sections 124.321 to | 39148 |
| 124.328 of the Revised Code, the Auditor of State and the Director | 39149 |
| of Budget and Management shall identify the employees of the | 39150 |
| Auditor of State assigned to or responsible for the payment | 39151 |
| function who shall be transferred to the Office of Budget and | 39152 |
| Management. The transfer shall take effect on July 1, 2007, or as | 39153 |
| soon as possible thereafter. | 39154 |
| (D) Whenever the Auditor of State in relation to the payment | 39155 |
| function is referred to in any law, contract, or other document, | 39156 |
| the reference shall be deemed to refer to the Director of Budget | 39157 |
| and Management. | 39158 |
| (E) Any action or proceeding that is related to the payment | 39159 |
| function and is pending on the effective date of this section is | 39160 |
| not affected by the transfer and shall be prosecuted or defended | 39161 |
| in the name of the Director of Budget and Management or the Office | 39162 |
| of Budget and Management. In all such actions and proceedings the | 39163 |
| Director or the Office, upon application to the court, shall be | 39164 |
| substituted as a party. | 39165 |
| Section 515.06. (A) The Director of Administrative Services, | 39166 |
| the Director of Agriculture, the Director of Health, and the | 39167 |
| Director of Environmental Protection shall enter into a memorandum | 39168 |
| of understanding concerning the co-location at the Department of | 39169 |
| Agriculture's campus in Reynoldsburg of the Department of | 39170 |
| Agriculture, Department of Health, and Ohio Environmental | 39171 |
| Protection Agency laboratory and related office and storage | 39172 |
| facilities. The memorandum shall include the agreed upon | 39173 |
| obligations and responsibilities of the agencies relative to the | 39174 |
| facilities, and it and any later revision shall not take effect | 39175 |
| unless approved by the Director of Budget and Management. | 39176 |
| (B) Notwithstanding division (A)(12) of section 123.01 of the | 39177 |
| Revised Code, and as shall be specified in the memorandum, the | 39178 |
| Department of Agriculture shall be responsible for the maintenance | 39179 |
| and care of the co-located facilities, the cost of which care | 39180 |
| shall be itemized and proportionately allocated among the | 39181 |
| Department of Agriculture, the Department of Health, and the Ohio | 39182 |
| Environmental Protection Agency. Except for this requirement, | 39183 |
| nothing in this section affects the authority of the Department of | 39184 |
| Administrative Services under section 123.01 of the Revised Code. | 39185 |
| (C) If required, the Office of Budget and Management and | 39186 |
| Department of Administrative Services shall assist in addressing | 39187 |
| issues regarding the memorandum's implementation. | 39188 |
| Section 606.05. That Section 3 of Sub. H.B. 11 of the 126th | 39189 |
| General Assembly be amended to read as follows: | 39190 |
| Sec. 3. (A) Notwithstanding anything to the contrary in | 39191 |
| division | 39192 |
| section 3317.07 of the Revised Code or in rules adopted under that | 39193 |
| section, or in Section 206.09.21 of Am. Sub. H.B. 66 of the 126th | 39194 |
| General Assembly, during fiscal year 2006 only, upon receipt of a | 39195 |
| waiver granted by the Superintendent of Public Instruction a | 39196 |
| school district, educational service center, or county MR/DD board | 39197 |
| may use the portion of the funds paid under appropriation item | 39198 |
| 200-503, Bus Purchase Allowance, as approved in the waiver for | 39199 |
| purchasing fuel for school buses. | 39200 |
| (B) In the manner specified by the Superintendent of Public | 39201 |
| Instruction for purposes of this section, a school district, | 39202 |
| educational service center, or county MR/DD board may apply to the | 39203 |
| Superintendent for a waiver to use funds paid during fiscal year | 39204 |
| 2006 under appropriation item 200-503, Bus Purchase Allowance, to | 39205 |
| purchase fuel for school buses. The Superintendent shall require | 39206 |
| the school district, educational service center, or county MR/DD | 39207 |
| board to report to the Superintendent by December 31, 2005, its | 39208 |
| total expenditures for fuel for buses in fiscal year 2005 and its | 39209 |
| estimated expenditures for fuel for buses in fiscal year 2006. The | 39210 |
| Superintendent may grant a waiver to a school district, | 39211 |
| educational service center, or county MR/DD board only if the | 39212 |
| following conditions are met: | 39213 |
| (1) The district, service center, or county MR/DD board | 39214 |
| demonstrates to the Superintendent's satisfaction that it has a | 39215 |
| sufficient supply of buses or contracted bus service to meet its | 39216 |
| pupil transportation obligations for fiscal year 2006 without | 39217 |
| spending all or part of its allocation of funds under | 39218 |
| appropriation item 200-503, Bus Purchase Allowance. | 39219 |
| (2) The district's, service center's, or county MR/DD board's | 39220 |
| estimate of expenditures for fuel for buses in fiscal year 2006 is | 39221 |
| higher than its expenditures for fuel for buses in fiscal year | 39222 |
| 2005. | 39223 |
| The Superintendent shall prescribe in the waiver the portion | 39224 |
| of those funds allocated to the school district, service center, | 39225 |
| or county MR/DD board under appropriation item 200-503, Bus | 39226 |
| Purchase Allowance, that may be used for purchasing fuel for | 39227 |
| buses, which portion shall not exceed the difference between the | 39228 |
| estimated expenditures for fuel for buses in fiscal year 2006 and | 39229 |
| the expenditures for fuel for buses in fiscal year 2005. | 39230 |
| (C) Not later than July 31, 2006, each school district, | 39231 |
| educational service center, and county MR/DD board that receives a | 39232 |
| waiver under this section shall report to the Superintendent of | 39233 |
| Public Instruction its actual expenditures to purchase fuel for | 39234 |
| school buses in fiscal year 2006. If the Superintendent determines | 39235 |
| that the district, service center, or county MR/DD board did not | 39236 |
| spend all of the funds from appropriation item 200-503, Bus | 39237 |
| Purchase Allowance, prescribed in the waiver to purchase fuel for | 39238 |
| buses, the district, service center, or county MR/DD board shall | 39239 |
| allocate the remainder of those funds for school bus purchases in | 39240 |
| fiscal year 2007. | 39241 |
| (D) The Office of Pupil Transportation within the Department | 39242 |
| of Education may audit school districts, educational service | 39243 |
| centers, and county MR/DD boards that apply for waivers to ensure | 39244 |
| the accuracy of the data reported under this section. If the | 39245 |
| Office finds that a district, service center, or county MR/DD | 39246 |
| board has reported data inaccurately, the Department shall apply | 39247 |
| division (L) of section 3301.0714 of the Revised Code to that | 39248 |
| district, service center, or county MR/DD board. | 39249 |
| Section 606.06. That existing Section 3 of Sub. H.B. 11 of | 39250 |
| the 126th General Assembly is hereby repealed. | 39251 |
| Section 606.17. That Sections 203.09, 203.12, 203.12.12, | 39252 |
| 203.45, 203.51, 203.54, 203.66, 203.69, 203.84, 203.87, | 39253 |
| 203.99.01, 203.99.30, 203.99.48, 206.03, 206.09, 206.09.12, | 39254 |
| 206.09.15, 206.09.21, 206.09.27, 206.09.36, 206.09.39, 206.09.42, | 39255 |
| 206.09.61, 206.09.63, 206.09.66, 206.09.84, 206.16, 206.42, | 39256 |
| 206.42.09, 206.48, 206.66, 206.66.22, 206.66.23, 206.66.36, | 39257 |
| 206.66.64, 206.66.66, 206.66.84, 206.66.85, 206.66.91, 206.67.15, | 39258 |
| 206.67.21, 206.99, 209.04, 209.06.06, 209.06.09, 209.09.06, | 39259 |
| 209.09.18, 209.15, 209.18, 209.18.09, 209.24, 209.30, 209.33, | 39260 |
| 209.36, 209.45, 209.63, 209.63.42, 209.64.60, 209.72, 209.75, | 39261 |
| 209.78.03, 209.81, 209.90.06, 212.03, 212.24, 212.27, 212.30, | 39262 |
| 212.33, 557.12, and 612.36.03 of Am. Sub. H.B. 66 of the 126th | 39263 |
| General Assembly be amended to read as follows: | 39264 |
| Sec. 203.09. ADJ ADJUTANT GENERAL | 39265 |
| General Revenue Fund | 39266 |
| GRF | 745-401 | Ohio Military Reserve | $ | 15,188 | $ | 15,188 | 39267 | ||||
| GRF | 745-404 | Air National Guard | $ | 1,939,762 | $ | 1,939,762 | 39268 | ||||
| GRF | 745-407 | National Guard Benefits | $ | 1,400,000 | $ | 1,400,000 | 39269 | ||||
| GRF | 745-409 | Central Administration | $ | 3,949,590 | $ | 3,949,590 | 39270 | ||||
| GRF | 745-499 | Army National Guard | $ | 4,086,222 | $ | 4,086,222 | 39271 | ||||
| GRF | 745-502 | Ohio National Guard Unit Fund | $ | 102,973 | $ | 102,973 | 39272 | ||||
| TOTAL GRF General Revenue Fund | $ | 11,493,735 | $ | 11,493,735 | 39273 | ||||||
| General Services Fund Group | 39274 |
| 534 | 745-612 | Armory Improvements | $ | 534,304 | $ | 534,304 | 39275 | ||||
| 536 | 745-620 | Camp Perry/Buckeye Inn Operations | $ | 1,094,970 | $ | 1,094,970 | 39276 | ||||
| 537 | 745-604 | Ohio National Guard Facility Maintenance | $ | 219,826 | $ | 219,826 | 39277 | ||||
| TOTAL GSF General Services Fund Group | $ | 1,849,100 | $ | 1,849,100 | 39278 | ||||||
| Federal Special Revenue Fund Group | 39279 |
| 3E8 | 745-628 | Air National Guard Agreement | $ | 12,174,760 | $ | 12,174,760 | 39280 | ||||
| 3R8 | 745-603 | Counter Drug Operations | $ | 25,000 | $ | 25,000 | 39281 | ||||
| 341 | 745-615 | Air National Guard Base Security | $ | 2,424,740 | $ | 2,424,740 | 39282 | ||||
| 342 | 745-616 | Army National Guard Agreement | $ | 8,686,893 | $ | 8,686,893 | 39283 | ||||
| TOTAL FED Federal Special Revenue Fund Group | $ | 23,311,393 | $ | 23,311,393 | 39284 | ||||||
| State Special Revenue Fund Group | 39285 |
| 5DN | 745-618 | Service Medal Production | $ | 1,500 | $ | 0 | 39286 | ||||
| 5U8 | 745-613 | Community Match Armories | $ | 90,000 | $ | 91,800 | 39287 | ||||
| 528 | 745-605 | Marksmanship Activities | $ | 126,078 | $ | 128,600 | 39288 | ||||
| TOTAL SSR State Special Revenue Fund Group | $ | $ | 220,400 | 39289 | |||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | $ | 36,874,628 | 39290 |
| NATIONAL GUARD BENEFITS | 39291 |
| The foregoing appropriation item 745-407, National Guard | 39292 |
| Benefits, shall be used for purposes of sections 5919.31 and | 39293 |
| 5919.33 of the Revised Code, and for administrative costs of the | 39294 |
| associated programs. | 39295 |
| For active duty members of the Ohio National Guard who died | 39296 |
| after October 7, 2001, while performing active duty, the death | 39297 |
| benefit, pursuant to section 5919.33 of the Revised Code, shall be | 39298 |
| paid to the beneficiary or beneficiaries designated on the | 39299 |
| member's Servicemembers' Group Life Insurance Policy. | 39300 |
| STATE ACTIVE DUTY COSTS | 39301 |
| Of the foregoing appropriation item 745-409, Central | 39302 |
| Administration, $50,000 in each fiscal year shall be used for the | 39303 |
| purpose of paying expenses related to state active duty of members | 39304 |
| of the Ohio organized militia, in accordance with a proclamation | 39305 |
| of the Governor. Expenses include, but are not limited to, the | 39306 |
| cost of equipment, supplies, and services, as determined by the | 39307 |
| Adjutant General's Department. | 39308 |
| NATIONAL GUARD SERVICE MEDAL PRODUCTION | 39309 |
| The foregoing appropriation item 745-618, Service Medal | 39310 |
| Production, shall be used to cover costs of production of the | 39311 |
| Commemorative National Guard Service Medal pursuant to section | 39312 |
| 5919.19 of the Revised Code. | 39313 |
| CASH TRANSFER TO NATIONAL GUARD SERVICE MEDAL FUND | 39314 |
| At the request of the Adjutant General, the Director of | 39315 |
| Budget and Management may transfer up to $1,500 cash from the | 39316 |
| General Revenue Fund to the National Guard Service Medal Fund | 39317 |
| (Fund 5DN) in fiscal year 2006. | 39318 |
| Sec. 203.12. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES | 39319 |
| General Revenue Fund | 39320 |
| GRF | 100-403 | Public School Employee Benefits | $ | 1,200,000 | $ | 1,500,000 | 39321 | ||||
| GRF | 100-404 | CRP Procurement Program | $ | 248,040 | $ | 268,040 | 39322 | ||||
| GRF | 100-405 | Agency Audit Expenses | $ | 329,000 | $ | 329,000 | 39323 | ||||
| GRF | 100-406 | County & University Human Resources Services | $ | $ | 39324 | ||||||
| GRF | 100-410 | Veterans' Records Conversion | $ | 69,000 | $ | 48,600 | 39325 | ||||
| GRF | 100-418 | Web Sites and Business Gateway | $ | 3,275,280 | $ | 3,275,280 | 39326 | ||||
| GRF | 100-419 | IT Security Infrastructure | $ | 1,636,247 | $ | 1,636,247 | 39327 | ||||
| GRF | 100-421 | OAKS Project Implementation | $ | 484,000 | $ | 410,839 | 39328 | ||||
| GRF | 100-433 | State of Ohio Computer Center | $ | 4,991,719 | $ | 4,991,719 | 39329 | ||||
| GRF | 100-439 | Equal Opportunity Certification Programs | $ | 726,481 | $ | 728,384 | 39330 | ||||
| GRF | 100-447 | OBA - Building Rent Payments | $ | 115,740,400 | $ | 116,091,300 | 39331 | ||||
| GRF | 100-448 | OBA - Building Operating Payments | $ | 25,393,250 | $ | 25,647,183 | 39332 | ||||
| GRF | 100-449 | DAS - Building Operating Payments | $ | 4,160,383 | $ | 4,170,623 | 39333 | ||||
| GRF | 100-451 | Minority Affairs | $ | 47,000 | $ | 47,000 | 39334 | ||||
| GRF | 100-734 | Major Maintenance - State Bldgs | $ | 50,000 | $ | 50,000 | 39335 | ||||
| GRF | 102-321 | Construction Compliance | $ | 1,190,959 | $ | 1,206,779 | 39336 | ||||
| GRF | 130-321 | State Agency Support Services | $ | 2,693,788 | $ | 2,668,986 | 39337 | ||||
| TOTAL GRF General Revenue Fund | $ | $ | 39338 | ||||||||
| General Services Fund Group | 39339 |
| 112 | 100-616 | DAS Administration | $ | 5,221,393 | $ | 5,299,427 | 39340 | ||||
| 115 | 100-632 | Central Service Agency | $ | 466,517 | $ | 39341 | |||||
| 117 | 100-644 | General Services Division - Operating | $ | 6,834,247 | $ | 7,245,772 | 39342 | ||||
| 122 | 100-637 | Fleet Management | $ | 4,025,043 | $ | 4,032,968 | 39343 | ||||
| 125 | 100-622 | Human Resources Division - Operating | $ | 18,864,179 | $ | 19,220,614 | 39344 | ||||
| 127 | 100-627 | Vehicle Liability Insurance | $ | 3,344,644 | $ | 3,344,644 | 39345 | ||||
| 128 | 100-620 | Collective Bargaining | $ | 3,410,952 | $ | 3,410,952 | 39346 | ||||
| 130 | 100-606 | Risk Management Reserve | $ | 223,904 | $ | 223,904 | 39347 | ||||
| 131 | 100-639 | State Architect's Office | $ | 6,977,274 | $ | 7,047,427 | 39348 | ||||
| 132 | 100-631 | DAS Building Management | $ | 10,721,430 | $ | 11,066,228 | 39349 | ||||
| 133 | 100-607 | IT Services Delivery | $ | 81,418,432 | $ | 80,345,564 | 39350 | ||||
| 188 | 100-649 | Equal Opportunity Division - Operating | $ | 993,378 | $ | 1,010,256 | 39351 | ||||
| 201 | 100-653 | General Services Resale Merchandise | $ | 1,553,000 | $ | 1,553,000 | 39352 | ||||
| 210 | 100-612 | State Printing | $ | 5,931,421 | $ | 5,931,421 | 39353 | ||||
| 229 | 100-630 | IT Governance | $ | 18,531,812 | $ | 17,601,712 | 39354 | ||||
| 4N6 | 100-617 | Major IT Purchases | $ | 10,617,166 | $ | 10,617,166 | 39355 | ||||
| 4P3 | 100-603 | DAS Information Services | $ | 5,902,099 | $ | 6,117,004 | 39356 | ||||
| 427 | 100-602 | Investment Recovery | $ | 5,580,208 | $ | 5,683,564 | 39357 | ||||
| 5C2 | 100-605 | MARCS Administration | $ | 9,268,178 | $ | 9,268,178 | 39358 | ||||
| 5C3 | 100-608 | Skilled Trades | $ | 1,406,278 | $ | 1,434,982 | 39359 | ||||
| 5D7 | 100-621 | Workforce Development | $ | 12,000,000 | $ | 12,000,000 | 39360 | ||||
| 5L7 | 100-610 | Professional Development | $ | 2,700,000 | $ | 2,700,000 | 39361 | ||||
| 5V6 | 100-619 | Employee Educational Development | $ | 936,129 | $ | 936,129 | 39362 | ||||
| TOTAL GSF General Services Fund | 39363 | ||||||||||
| Group | $ | 216,927,684 | $ | 39364 | |||||||
| Federal Special Revenue Fund Group | 39365 |
| 3AJ | 100-623 | Information Technology Grants | $ | 82,048 | $ | 82,048 | 39366 | ||||
| TOTAL FSR Federal Special Revenue Fund Group | $ | 82,048 | $ | 82,048 | 39367 | ||||||
| Agency Fund Group | 39368 |
| 124 | 100-629 | Payroll Deductions | $ | 2,050,000,000 | $ | 2,050,000,000 | 39369 | ||||
| TOTAL AGY Agency Fund Group | $ | 2,050,000,000 | $ | 2,050,000,000 | 39370 | ||||||
| Holding Account Redistribution Fund Group | 39371 |
| R08 | 100-646 | General Services Refunds | $ | 20,000 | $ | 20,000 | 39372 | ||||
| TOTAL 090 Holding Account | 39373 | ||||||||||
| Redistribution Fund Group | $ | 20,000 | $ | 20,000 | 39374 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | $ | 39375 | ||||||||
| Sec. 203.12.12. CENTRAL SERVICE AGENCY FUND | 39377 |
| The Director of Budget and Management may transfer up to | 39378 |
| $363,851 in fiscal year 2006 from the Occupational Licensing and | 39379 |
| Regulatory Fund (Fund 4K9) to the Central Service Agency Fund | 39380 |
| (Fund 115). The Director of Budget and Management may transfer up | 39381 |
| to $45,184 in fiscal year 2006 from the State Medical Board | 39382 |
| Operating Fund (Fund 5C6) to the Central Service Agency Fund (Fund | 39383 |
| 115). The Director of Budget and Management may transfer up to | 39384 |
| $625 in fiscal year 2006 from the Motor Vehicle Collision Repair | 39385 |
| Registration Fund (Fund 5H9) to the Central Service Agency Fund | 39386 |
| (Fund 115). The appropriation item 100-632, Central Service | 39387 |
| Agency, shall be used to purchase the necessary equipment, | 39388 |
| products, and services to maintain an automated application for | 39389 |
| the professional licensing boards, and to support their licensing | 39390 |
| functions in fiscal year 2006. The amount of the cash transfers is | 39391 |
| appropriated to appropriation item 100-632, Central Service | 39392 |
| Agency. | 39393 |
| The Department of Administrative Services shall establish | 39394 |
| charges for recovering the costs of maintaining an automated | 39395 |
| application for the professional licensing boards and for the | 39396 |
| costs of supporting licensing functions in fiscal year 2007. In | 39397 |
| establishing these charges for fiscal year 2007 any changes from | 39398 |
| the method used to calculate fiscal year 2006 costs to be | 39399 |
| recovered via transfer of funds or any changes from the type of | 39400 |
| costs recovered through fiscal year 2006 transfers are subject to | 39401 |
| Controlling Board approval. The charges shall be billed to the | 39402 |
| professional licensing boards and deposited via intrastate | 39403 |
| transfer vouchers to the credit of the Central Service Agency Fund | 39404 |
| (Fund 115). Total Department of Administrative Services charges | 39405 |
| for the maintenance and support of the licensing system in fiscal | 39406 |
| year 2007 shall not exceed $375,700. | 39407 |
| Sec. 203.45. ATH ATHLETIC COMMISSION | 39408 |
| General Services Fund Group | 39409 |
| 4K9 | 175-609 | Operating Expenses | $ | 248,150 | $ | 39410 | |||||
| TOTAL GSF General Services Fund Group | $ | 248,150 | $ | 39411 | |||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 248,150 | $ | 39412 | |||||||
| Sec. 203.51. AUD AUDITOR OF STATE | 39414 |
| General Revenue Fund | 39415 |
| GRF | 070-321 | Operating Expenses | $ | $ | 39416 | ||||||
| GRF | 070-403 | Fiscal Watch/Emergency Technical Assistance | $ | 500,000 | $ | 500,000 | 39417 | ||||
| GRF | 070-405 | Electronic Data Processing - Auditing and Administration | $ | 823,193 | $ | 823,193 | 39418 | ||||
| GRF | 070-406 | Uniform Accounting Network/Technology Improvements Fund | $ | 1,588,538 | $ | 1,588,538 | 39419 | ||||
| TOTAL GRF General Revenue Fund | $ | $ | 39420 | ||||||||
| Auditor of State Fund Group | 39421 |
| R06 | 070-604 | Continuous Receipts | $ | 35,000 | $ | 35,000 | 39422 | ||||
| 109 | 070-601 | Public Audit Expense - Intra-State | $ | $ | 39423 | ||||||
| 422 | 070-601 | Public Audit Expense - Local Government | $ | 31,104,840 | $ | 31,104,840 | 39424 | ||||
| 584 | 070-603 | Training Program | $ | $ | 39425 | ||||||
| 675 | 070-605 | Uniform Accounting Network | $ | 3,317,336 | $ | 3,317,336 | 39426 | ||||
| TOTAL |
39427 | ||||||||||
| Group | $ | $ | 39428 | ||||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | $ | 39429 | ||||||||
| BILLING PRACTICES PILOT REVIEW | 39430 |
| Of the foregoing appropriation item 070-321, Operating | 39431 |
| Expenses, $50,000 shall be used by the Auditor of State to conduct | 39432 |
| a pilot review of the billing practices of facilities licensed by | 39433 |
| the Department of Mental Health and the Department of Job and | 39434 |
| Family Services that serve children in a residential setting for | 39435 |
| whom mental health treatment services are provided. In conducting | 39436 |
| this review, the Auditor of State shall have access to any | 39437 |
| information, records, or other data that would otherwise be | 39438 |
| available to any federal, state, or local public agency that | 39439 |
| provides funding to the facility. | 39440 |
| The Auditor of State shall prepare a report on the | 39441 |
| conclusions of the pilot review, and shall furnish copies of the | 39442 |
| report to the Governor, the Speaker of the House of | 39443 |
| Representatives, and the President of the Senate, as well as to | 39444 |
| the majority and minority leaders of the House of Representatives | 39445 |
| and the Senate, by June 30, 2006. | 39446 |
| FISCAL WATCH/EMERGENCY TECHNICAL ASSISTANCE | 39447 |
| The foregoing appropriation item 070-403, Fiscal | 39448 |
| Watch/Emergency Technical Assistance, shall be used for all | 39449 |
| expenses incurred by the Office of the Auditor of State in its | 39450 |
| role relating to fiscal watch or fiscal emergency activities under | 39451 |
| Chapters 118. and 3316. of the Revised Code. Expenses include, but | 39452 |
| are not limited to, the following: duties related to the | 39453 |
| determination or termination of fiscal watch or fiscal emergency | 39454 |
| of municipal corporations, counties, or townships as outlined in | 39455 |
| Chapter 118. of the Revised Code and of school districts as | 39456 |
| outlined in Chapter 3316. of the Revised Code; development of | 39457 |
| preliminary accounting reports; performance of annual forecasts; | 39458 |
| provision of performance audits; and supervisory, accounting, or | 39459 |
| auditing services for the mentioned public entities and school | 39460 |
| districts. The unencumbered balance of appropriation item 070-403, | 39461 |
| Fiscal Watch/Emergency Technical Assistance, at the end of fiscal | 39462 |
| year 2006 is transferred to fiscal year 2007 for use under the | 39463 |
| same appropriation item. | 39464 |
| ELECTRONIC DATA PROCESSING | 39465 |
| The unencumbered balance of appropriation item 070-405, | 39466 |
| Electronic Data Processing - Auditing and Administration, at the | 39467 |
| end of fiscal year 2006 is transferred to fiscal year 2007 for use | 39468 |
| under the same appropriation item. | 39469 |
| UNIFORM ACCOUNTING NETWORK/TECHNOLOGY IMPROVEMENTS FUND | 39470 |
| The foregoing appropriation item 070-406, Uniform Accounting | 39471 |
| Network/Technology Improvements Fund, shall be used to pay the | 39472 |
| costs of developing and implementing the Uniform Accounting | 39473 |
| Network and technology improvements for the Office of the Auditor | 39474 |
| of State. The unencumbered balance of the appropriation at the | 39475 |
| end of fiscal year 2006 is transferred to fiscal year 2007 to pay | 39476 |
| the costs of developing and implementing the Uniform Accounting | 39477 |
| Network and technology improvements for the Office of the Auditor | 39478 |
| of State. | 39479 |
| Sec. 203.54. BRB BOARD OF BARBER EXAMINERS | 39480 |
| General Services Fund Group | 39481 |
| 4K9 | 877-609 | Operating Expenses | $ | 568,126 | $ | 39482 | |||||
| TOTAL GSF General Services Fund | 39483 | ||||||||||
| Group | $ | 568,126 | $ | 39484 | |||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 568,126 | $ | 39485 | |||||||
| Sec. 203.66. CDP CHEMICAL DEPENDENCY PROFESSIONALS BOARD | 39487 |
| General Services Fund Group | 39488 |
| 4K9 | 930-609 | Operating Expenses | $ | 452,976 | $ | 39489 | |||||
| TOTAL GSF General Services Fund Group | $ | 452,976 | $ | 39490 | |||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 452,976 | $ | 39491 | |||||||
| Sec. 203.69. CHR STATE CHIROPRACTIC BOARD | 39493 |
| General Services Fund Group | 39494 |
| 4K9 | 878-609 | Operating Expenses | $ | 605,278 | $ | 39495 | |||||
| TOTAL GSF General Services Fund Group | $ | 605,278 | $ | 39496 | |||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 605,278 | $ | 39497 | |||||||
| Sec. 203.84. COS STATE BOARD OF COSMETOLOGY | 39499 |
| General Services Fund Group | 39500 |
| 4K9 | 879-609 | Operating Expenses | $ | 2,929,630 | $ | 39501 | |||||
| TOTAL GSF General Services Fund | 39502 | ||||||||||
| Group | $ | 2,929,630 | $ | 39503 | |||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 2,929,630 | $ | 39504 | |||||||
| Sec. 203.87. CSW COUNSELOR, SOCIAL WORKER, AND MARRIAGE AND | 39506 |
| FAMILY THERAPIST BOARD | 39507 |
| General Services Fund Group | 39508 |
| 4K9 | 899-609 | Operating Expenses | $ | 1,058,445 | $ | 39509 | |||||
| TOTAL GSF General Services Fund | 39510 | ||||||||||
| Group | $ | 1,058,445 | $ | 39511 | |||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,058,445 | $ | 39512 | |||||||
| Sec. 203.99.01. OPERATING EXPENSES | 39514 |
| Of the foregoing appropriation item 195-321, Operating | 39515 |
| Expenses, $50,000 in fiscal year 2006 and $35,000 in fiscal year | 39516 |
| 2007 shall be used | 39517 |
| 39518 | |
| 39519 |
| Sec. 203.99.30. TRAVEL AND TOURISM GRANTS | 39520 |
| The foregoing appropriation item 195-507, Travel and Tourism | 39521 |
| Grants, shall be used to provide grants to local organizations to | 39522 |
| support various local travel and tourism events in Ohio. | 39523 |
| Of the foregoing appropriation item 195-507, Travel and | 39524 |
| Tourism Grants, $25,000 in each fiscal year shall be used for the | 39525 |
| Lorain County Visitors Bureau. | 39526 |
| Of the foregoing appropriation item 195-507, Travel and | 39527 |
| Tourism Grants, $25,000 in each fiscal year shall be used for the | 39528 |
| Sandusky/Erie County Visitors and Convention Bureau. | 39529 |
| Of the foregoing appropriation item 195-507, Travel and | 39530 |
| Tourism Grants, $25,000 in each fiscal year shall be used for the | 39531 |
| Ottawa County Convention and Visitors Bureau. | 39532 |
| Of the foregoing appropriation item 195-507, Travel and | 39533 |
| Tourism Grants, $50,000 in each fiscal year shall be used for the | 39534 |
| Greene County Convention and Visitors Bureau. | 39535 |
| Of the foregoing appropriation item 195-507, Travel and | 39536 |
| Tourism Grants, $45,000 in each fiscal year shall be used for the | 39537 |
| Warren County Convention and Visitors Bureau. | 39538 |
| Of the foregoing appropriation item 195-507, Travel and | 39539 |
| Tourism Grants, $25,000 in each fiscal year shall be used for | 39540 |
| grants to the Wood County Economic Development Commission. | 39541 |
| Of the foregoing appropriation item 195-507, Travel and | 39542 |
| Tourism Grants, $50,000 in each fiscal year shall be used for the | 39543 |
| Wright Dunbar Historical Site. | 39544 |
| Of the foregoing appropriation item 195-507, Travel and | 39545 |
| Tourism Grants, up to $120,000 in each fiscal year may be used to | 39546 |
| support the outdoor dramas "Trumpet in the Land," "Blue Jacket," | 39547 |
| and "Tecumseh!". | 39548 |
| Of the foregoing appropriation item 195-507, Travel and | 39549 |
| Tourism Grants, $40,000 in each fiscal year shall be used for the | 39550 |
| Cincinnati Film Commission and $40,000 in each fiscal year shall | 39551 |
| be used for the Cleveland Film Commission. | 39552 |
| Of the foregoing appropriation item 195-507, Travel and | 39553 |
| Tourism Grants, $100,000 in each fiscal year shall be used for the | 39554 |
| Cleveland Institute of Art. | 39555 |
| Of the foregoing appropriation item 195-507, Travel and | 39556 |
| Tourism Grants, up to $500,000 in each fiscal year shall be used | 39557 |
| for grants to The International Center for the Preservation of | 39558 |
| Wild Animals. | 39559 |
| Of the foregoing appropriation item 195-507, Travel and | 39560 |
| Tourism Grants, $50,000 in each fiscal year shall be used for the | 39561 |
| Lake Shore Railway Association, Inc. | 39562 |
| Of the foregoing appropriation item 195-507, Travel and | 39563 |
| Tourism Grants, $50,000 in each fiscal year shall be used for the | 39564 |
| Ohio River Trails program. | 39565 |
| Of the foregoing appropriation item 195-507, Travel and | 39566 |
| Tourism Grants, $12,500 in each fiscal year shall be used for the | 39567 |
| Morgan County Community Improvement Corporation. | 39568 |
| Of the foregoing appropriation item 195-507, Travel and | 39569 |
| Tourism Grants, $25,000 in fiscal year 2006 shall be used for the | 39570 |
| Ohio Buckeye Junior Hereford Association. | 39571 |
| Of the foregoing appropriation item 195-507, Travel and | 39572 |
| Tourism Grants, $100,000 in fiscal year 2006 shall be used for | 39573 |
| grants to the NCR U.S. Senior Open. | 39574 |
| Of the foregoing appropriation item 195-507, Travel and | 39575 |
| Tourism Grants, $5,000 in each fiscal year shall be used for the | 39576 |
| Canton Football Hall of Fame Festival. | 39577 |
| Sec. 203.99.48. FACILITIES ESTABLISHMENT FUND | 39578 |
| The foregoing appropriation item 195-615, Facilities | 39579 |
| Establishment (Fund 037), shall be used for the purposes of the | 39580 |
| Facilities Establishment Fund under Chapter 166. of the Revised | 39581 |
| Code. | 39582 |
| Notwithstanding Chapter 166. of the Revised Code, up to | 39583 |
| $1,800,000 in cash each fiscal year may be transferred from the | 39584 |
| Facilities Establishment Fund (Fund 037) to the Economic | 39585 |
| Development Financing Operating Fund (Fund 451). The transfer is | 39586 |
| subject to Controlling Board approval under division (B) of | 39587 |
| section 166.03 of the Revised Code. | 39588 |
| Notwithstanding Chapter 166. of the Revised Code, up to | 39589 |
| $5,000,000 in cash each fiscal year may be transferred from the | 39590 |
| Facilities Establishment Fund (Fund 037) to the Shovel Ready Sites | 39591 |
| Fund (Fund 5CA). The transfer is subject to Controlling Board | 39592 |
| approval under division (B) of section 166.03 of the Revised Code. | 39593 |
| Notwithstanding Chapter 166. of the Revised Code, up to | 39594 |
| 39595 | |
| biennium from the Facilities Establishment Fund (Fund 037) to the | 39596 |
| Urban Redevelopment Loans Fund (Fund 5D2) for the purpose of | 39597 |
| removing barriers to urban core redevelopment. The Director of | 39598 |
| Development shall develop program guidelines for the transfer and | 39599 |
| release of funds, including, but not limited to, the completion of | 39600 |
| all appropriate environmental assessments before state assistance | 39601 |
| is committed to a project. | 39602 |
| Notwithstanding Chapter 166. of the Revised Code, up to | 39603 |
| $3,000,000 each fiscal year in cash may be transferred from the | 39604 |
| Facilities Establishment Fund (Fund 037) to the Rural Industrial | 39605 |
| Park Loan Fund (Fund 4Z6). The transfer is subject to Controlling | 39606 |
| Board approval under section 166.03 of the Revised Code. | 39607 |
| FAMILY FARM LOAN PROGRAM | 39608 |
| Notwithstanding Chapter 166. of the Revised Code, up to | 39609 |
| $1,000,000 in each fiscal year shall be transferred from moneys in | 39610 |
| the Facilities Establishment Fund (Fund 037) to the Family Farm | 39611 |
| Loan Guarantee Fund (Fund 5H1) in the Department of Development. | 39612 |
| The moneys shall be used for loan guarantees. The transfer is | 39613 |
| subject to Controlling Board approval. | 39614 |
| Financial assistance from the Family Farm Loan Guarantee Fund | 39615 |
| (Fund 5H1) shall be repaid to Fund 5H1. This fund is established | 39616 |
| under sections 166.031, 901.80, 901.81, 901.82, and 901.83 of the | 39617 |
| Revised Code. | 39618 |
| When the Family Farm Loan Guarantee Fund (Fund 5H1) ceases to | 39619 |
| exist, all outstanding balances, all loan repayments, and any | 39620 |
| other outstanding obligations shall revert to the Facilities | 39621 |
| Establishment Fund (Fund 037). | 39622 |
| RURAL DEVELOPMENT INITIATIVE FUND | 39623 |
| (A)(1) The Rural Development Initiative Fund (Fund 5S8) is | 39624 |
| entitled to receive moneys from the Facilities Establishment Fund | 39625 |
| (Fund 037). The Director of Development may make grants from the | 39626 |
| Rural Development Initiative Fund as specified in division (A)(2) | 39627 |
| of this section to eligible applicants in Appalachian counties and | 39628 |
| in rural counties in the state that are designated as distressed | 39629 |
| under section 122.25 of the Revised Code. Preference shall be | 39630 |
| given to eligible applicants located in Appalachian counties | 39631 |
| designated as distressed by the federal Appalachian Regional | 39632 |
| Commission. The Rural Development Initiative Fund (Fund 5S8) shall | 39633 |
| cease to exist after June 30, 2007. All moneys remaining in the | 39634 |
| Fund after that date shall revert to the Facilities Establishment | 39635 |
| Fund (Fund 037). | 39636 |
| (2) The Director of Development shall make grants from the | 39637 |
| Rural Development Initiative Fund (Fund 5S8) only to eligible | 39638 |
| applicants who also qualify for and receive funding under the | 39639 |
| Rural Industrial Park Loan Program as specified in sections 122.23 | 39640 |
| to 122.27 of the Revised Code. Eligible applicants shall use the | 39641 |
| grants for the purposes specified in section 122.24 of the Revised | 39642 |
| Code. All projects supported by grants from the fund are subject | 39643 |
| to Chapter 4115. of the Revised Code as specified in division (E) | 39644 |
| of section 166.02 of the Revised Code. The Director shall develop | 39645 |
| program guidelines for the transfer and release of funds. The | 39646 |
| release of grant moneys to an eligible applicant is subject to | 39647 |
| Controlling Board approval. | 39648 |
| (B) Notwithstanding Chapter 166. of the Revised Code, the | 39649 |
| Director of Budget and Management may transfer up to $3,000,000 | 39650 |
| each fiscal year in cash on an as needed basis at the request of | 39651 |
| the Director of Development from the Facilities Establishment Fund | 39652 |
| (Fund 037) to the Rural Development Initiative Fund (Fund 5S8). | 39653 |
| The transfer is subject to Controlling Board approval under | 39654 |
| section 166.03 of the Revised Code. | 39655 |
| CAPITAL ACCESS LOAN PROGRAM | 39656 |
| The foregoing appropriation item 195-628, Capital Access Loan | 39657 |
| Program, shall be used for operating, program, and administrative | 39658 |
| expenses of the program. Funds of the Capital Access Loan Program | 39659 |
| shall be used to assist participating financial institutions in | 39660 |
| making program loans to eligible businesses that face barriers in | 39661 |
| accessing working capital and obtaining fixed asset financing. | 39662 |
| Notwithstanding Chapter 166. of the Revised Code, the | 39663 |
| Director of Budget and Management may transfer up to $3,000,000 | 39664 |
| each fiscal year in cash on an as needed basis at the request of | 39665 |
| the Director of Development from the Facilities Establishment Fund | 39666 |
| (Fund 037) to the Capital Access Loan Program Fund (Fund 5S9). The | 39667 |
| transfer is subject to Controlling Board approval under section | 39668 |
| 166.03 of the Revised Code. | 39669 |
| INNOVATION OHIO LOAN FUND | 39670 |
| The foregoing appropriation item 195-664, Innovation Ohio, | 39671 |
| shall be used to provide for innovation Ohio purposes, including | 39672 |
| loan guarantees and loans under Chapter 166. and particularly | 39673 |
| sections 166.12 to 166.16 of the Revised Code. | 39674 |
| RESEARCH AND DEVELOPMENT | 39675 |
| The foregoing appropriation item 195-665, Research and | 39676 |
| Development, shall be used to provide for research and development | 39677 |
| purposes, including loans, under Chapter 166. and particularly | 39678 |
| sections 166.17 to 166.21 of the Revised Code. | 39679 |
| Sec. 206.03. OBD OHIO BOARD OF DIETETICS | 39680 |
| General Services Fund Group | 39681 |
| 4K9 | 860-609 | Operating Expenses | $ | 332,495 | $ | 39682 | |||||
| TOTAL GSF General Services Fund | 39683 | ||||||||||
| Group | $ | 332,495 | $ | 39684 | |||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 332,495 | $ | 39685 | |||||||
| Sec. 206.09. EDU DEPARTMENT OF EDUCATION | 39687 |
| General Revenue Fund | 39688 |
| GRF | 200-100 | Personal Services | $ | 9,880,406 | $ | 10,880,655 | 39689 | ||||
| GRF | 200-320 | Maintenance and Equipment | $ | 4,344,235 | $ | 4,344,235 | 39690 | ||||
| GRF | 200-408 | Early Childhood Education | $ | 19,002,195 | $ | 19,002,195 | 39691 | ||||
| GRF | 200-410 | Educator Training | $ | 19,302,057 | $ | 19,802,057 | 39692 | ||||
| GRF | 200-416 | Career-Technical Education Match | $ | 2,233,195 | $ | 2,233,195 | 39693 | ||||
| GRF | 200-420 | Computer/Application/ Network Development | $ | 5,361,525 | $ | 5,361,525 | 39694 | ||||
| GRF | 200-421 | Alternative Education Programs | $ | 13,907,665 | $ | 13,732,665 | 39695 | ||||
| GRF | 200-422 | School Management Assistance | $ | 2,683,208 | $ | 2,710,572 | 39696 | ||||
| GRF | 200-424 | Policy Analysis | $ | 556,687 | $ | 556,687 | 39697 | ||||
| GRF | 200-425 | Tech Prep Consortia Support | $ | 2,069,217 | $ | 2,069,217 | 39698 | ||||
| GRF | 200-426 | Ohio Educational Computer Network | $ | 30,446,197 | $ | 30,446,197 | 39699 | ||||
| GRF | 200-427 | Academic Standards | $ | 11,607,753 | $ | 11,679,181 | 39700 | ||||
| GRF | 200-431 | School Improvement Initiatives | $ | 21,813,649 | $ | 23,842,828 | 39701 | ||||
| GRF | 200-433 | Reading/Writing Improvement-Professional Development | $ | 16,165,000 | $ | 16,165,000 | 39702 | ||||
| GRF | 200-437 | Student Assessment | $ | 54,445,234 | $ | 60,011,935 | 39703 | ||||
| GRF | 200-439 | Accountability/Report Cards | $ | 3,878,850 | $ | 7,457,290 | 39704 | ||||
| GRF | 200-442 | Child Care Licensing | $ | 1,302,495 | $ | 1,302,495 | 39705 | ||||
| GRF | 200-445 | OhioReads Volunteer Support | $ | 3,905,000 | $ | 3,905,000 | 39706 | ||||
| GRF | 200-446 | Education Management Information System | $ | 15,674,805 | $ | 15,674,805 | 39707 | ||||
| GRF | 200-447 | GED Testing | $ | 1,544,360 | $ | 1,544,360 | 39708 | ||||
| GRF | 200-448 | Educator Preparation | $ | 1,651,000 | $ | 1,651,000 | 39709 | ||||
| GRF | 200-455 | Community Schools | $ | 2,942,094 | $ | 2,942,094 | 39710 | ||||
| GRF | 200-502 | Pupil Transportation | $ | 412,330,728 | $ | 420,577,343 | 39711 | ||||
| GRF | 200-503 | Bus Purchase Allowance | $ | 8,600,000 | $ | 14,000,000 | 39712 | ||||
| GRF | 200-505 | School Lunch Match | $ | 8,998,025 | $ | 8,998,025 | 39713 | ||||
| GRF | 200-509 | Adult Literacy Education | $ | 8,669,738 | $ | 8,669,738 | 39714 | ||||
| GRF | 200-511 | Auxiliary Services | $ | 127,903,356 | $ | 127,903,356 | 39715 | ||||
| GRF | 200-514 | Postsecondary Adult Career-Technical Education | $ | 19,481,875 | $ | 19,481,875 | 39716 | ||||
| GRF | 200-521 | Gifted Pupil Program | $ | 46,910,068 | $ | 47,157,293 | 39717 | ||||
| GRF | 200-532 | Nonpublic Administrative Cost Reimbursement | $ | 56,762,916 | $ | 58,068,463 | 39718 | ||||
| GRF | 200-540 | Special Education Enhancements | $ | 134,169,606 | $ | 135,430,125 | 39719 | ||||
| GRF | 200-545 | Career-Technical Education Enhancements | $ | 10,169,442 | $ | 9,225,569 | 39720 | ||||
| GRF | 200-550 | Foundation Funding | $ | 5,579,031,663 | $ | 5,709,057,366 | 39721 | ||||
| GRF | 200-558 | Emergency Loan Interest Subsidy | $ | 1,388,164 | $ | 651,404 | 39722 | ||||
| GRF | 200-566 | Reading/Writing Improvement-Classroom Grants | $ | 12,062,336 | $ | 12,062,336 | 39723 | ||||
| GRF | 200-578 | Safe and Supportive Schools | $ | 1,218,555 | $ | 1,218,555 | 39724 | ||||
| GRF | 200-901 | Property Tax Allocation - Education | $ | 764,626,987 | $ | 728,793,318 | 39725 | ||||
| GRF | 200-906 | Tangible Tax Exemption - Education | $ | 42,830,487 | $ | 32,122,865 | 39726 | ||||
| TOTAL GRF General Revenue Fund | $ | 7,479,870,773 | $ | 7,590,732,819 | 39727 | ||||||
| General Services Fund Group | 39728 |
| 138 | 200-606 | Computer Services-Operational Support | $ | 7,600,091 | $ | 7,600,091 | 39729 | ||||
| 4D1 | 200-602 | Ohio Prevention/Education Resource Center | $ | 832,000 | $ | 832,000 | 39730 | ||||
| 4L2 | 200-681 | Teacher Certification and Licensure | $ | 5,497,158 | $ | 5,628,332 | 39731 | ||||
| 452 | 200-638 | Miscellaneous Educational Services | $ | 400,000 | $ | 400,000 | 39732 | ||||
| 5H3 | 200-687 | School District Solvency Assistance | $ | 18,000,000 | $ | 18,000,000 | 39733 | ||||
| 596 | 200-656 | Ohio Career Information System | $ | 529,761 | $ | 529,761 | 39734 | ||||
| TOTAL GSF General Services | 39735 | ||||||||||
| Fund Group | $ | 32,859,010 | $ | 32,990,184 | 39736 | ||||||
| Federal Special Revenue Fund Group | 39737 |
| 3AF | 200-603 | Schools Medicaid Administrative Claims | $ | 1,000,000 | $ | 1,000,000 | 39738 | ||||
| 3C5 | 200-661 | Early Childhood Education | $ | 23,874,338 | $ | 23,874,338 | 39739 | ||||
| 3D1 | 200-664 | Drug Free Schools | $ | 13,347,966 | $ | 13,347,966 | 39740 | ||||
| 3D2 | 200-667 | Honors Scholarship Program | $ | 5,812,903 | $ | 5,833,965 | 39741 | ||||
| 3H9 | 200-605 | Head Start Collaboration Project | $ | 275,000 | $ | 275,000 | 39742 | ||||
| 3L6 | 200-617 | Federal School Lunch | $ | 220,256,132 | $ | 227,583,653 | 39743 | ||||
| 3L7 | 200-618 | Federal School Breakfast | $ | 56,382,851 | $ | 58,405,608 | 39744 | ||||
| 3L8 | 200-619 | Child/Adult Food Programs | $ | 66,590,622 | $ | 67,915,843 | 39745 | ||||
| 3L9 | 200-621 | Career-Technical Education Basic Grant | $ | 48,029,701 | $ | 48,029,701 | 39746 | ||||
| 3M0 | 200-623 | ESEA Title 1A | $ | 440,260,178 | $ | 461,026,070 | 39747 | ||||
| 3M1 | 200-678 | Innovative Education | $ | 11,800,000 | $ | 11,800,000 | 39748 | ||||
| 3M2 | 200-680 | Individuals with Disabilities Education Act | $ | 513,058,569 | $ | 605,581,547 | 39749 | ||||
| 3S2 | 200-641 | Education Technology | $ | 20,800,000 | $ | 20,800,000 | 39750 | ||||
| 3T4 | 200-613 | Public Charter Schools | $ | 22,000,000 | $ | 22,000,000 | 39751 | ||||
| 3U2 | 200-662 | Teacher Quality Enhancement Grants | $ | 795,280 | $ | 795,280 | 39752 | ||||
| 3X5 | 200-684 | School Renovation/IDEA | $ | 2,200,000 | $ | 0 | 39753 | ||||
| 3Y2 | 200-688 | 21st Century Community Learning Centers | $ | 30,681,554 | $ | 30,681,554 | 39754 | ||||
| 3Y4 | 200-632 | Reading First | $ | 50,775,637 | $ | 31,215,798 | 39755 | ||||
| 3Y5 | 200-634 | Community Service Grants | $ | 1,000,000 | $ | 0 | 39756 | ||||
| 3Y6 | 200-635 | Improving Teacher Quality | $ | 107,000,000 | $ | 107,000,000 | 39757 | ||||
| 3Y7 | 200-689 | English Language Acquisition | $ | 8,500,000 | $ | 9,000,000 | 39758 | ||||
| 3Y8 | 200-639 | Rural and Low Income | $ | 1,700,000 | $ | 1,700,000 | 39759 | ||||
| 3Z2 | 200-690 | State Assessments | $ | 12,681,031 | $ | 12,883,799 | 39760 | ||||
| 3Z3 | 200-645 | Consolidated USDE Administration | $ | 9,200,000 | $ | 9,200,000 | 39761 | ||||
| 309 | 200-601 | Educationally Disadvantaged | $ | 19,658,846 | $ | 19,658,846 | 39762 | ||||
| 366 | 200-604 | Adult Basic Education | $ | 18,500,000 | $ | 18,500,000 | 39763 | ||||
| 367 | 200-607 | School Food Services | $ | 11,383,637 | $ | 11,666,732 | 39764 | ||||
| 368 | 200-614 | Veterans' Training | $ | 672,961 | $ | 691,130 | 39765 | ||||
| 369 | 200-616 | Career-Technical Education Federal Enhancement | $ | 6,500,000 | $ | 6,500,000 | 39766 | ||||
| 370 | 200-624 | Education of Exceptional Children | $ | 2,386,610 | $ | 2,386,610 | 39767 | ||||
| 371 | 200-631 | Immigrant Education Opportunities | $ | 400,000 | $ | 400,000 | 39768 | ||||
| 374 | 200-647 | Troops to Teachers | $ | 1,600,000 | $ | 0 | 39769 | ||||
| 378 | 200-660 | Learn and Serve | $ | 1,200,000 | $ | 1,200,000 | 39770 | ||||
| TOTAL FED Federal Special | 39771 | ||||||||||
| Revenue Fund Group | $ | 1,730,323,816 | $ | 1,830,953,440 | 39772 | ||||||
| State Special Revenue Fund Group | 39773 |
| 4R7 | 200-695 | Indirect Operational Support | $ | 5,382,864 | $ | 5,449,748 | 39774 | ||||
| 4V7 | 200-633 | Interagency Operational Support | $ | 500,000 | $ | 500,000 | 39775 | ||||
| 454 | 200-610 | Guidance and Testing | $ | 400,000 | $ | 400,000 | 39776 | ||||
| 455 | 200-608 | Commodity Foods | $ | 24,000,000 | $ | 24,000,000 | 39777 | ||||
| 5BB | 200-696 | State Action for Education Leadership | $ | 1,200,000 | $ | 1,200,000 | 39778 | ||||
| 5BJ | 200-626 | Half-Mill Maintenance Equalization | $ | 0 | $ | 10,700,000 | 39779 | ||||
| 5U2 | 200-685 | National Education Statistics | $ | 300,000 | $ | 300,000 | 39780 | ||||
| 5W2 | 200-663 | Early Learning Initiative | $ | 106,580,000 | $ | 127,456,000 | 39781 | ||||
| 598 | 200-659 | Auxiliary Services Reimbursement | $ | 1,328,910 | $ | 1,328,910 | 39782 | ||||
| 620 | 200-615 | Educational Improvement Grants | $ | 1,000,000 | $ | 1,000,000 | 39783 | ||||
| TOTAL SSR State Special Revenue | 39784 | ||||||||||
| Fund Group | $ | 140,691,774 | $ | 172,334,658 | 39785 | ||||||
| Lottery Profits Education Fund Group | 39786 |
| 017 | 200-612 | Foundation Funding | $ | 606,208,300 | $ | 606,296,800 | 39787 | ||||
| 017 | 200-682 | Lease Rental Payment Reimbursement | $ | 31,691,700 | $ | 31,603,200 | 39788 | ||||
| TOTAL LPE Lottery Profits | 39789 | ||||||||||
| Education Fund Group | $ | 637,900,000 | $ | 637,900,000 | 39790 | ||||||
| Revenue Distribution Fund Group | 39791 |
| 047 | 200-909 | School District Property Tax Replacement-Business | $ | $ | 39792 | ||||||
| 053 | 200-900 | School District Property Tax Replacement-Utility | $ | 116,647,522 | $ | 101,647,522 | 39793 | ||||
| TOTAL RDF Revenue Distribution | 39794 | ||||||||||
| Fund Group | $ | $ | 39795 | ||||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | |
$ | 39796 | |||||||
| Sec. 206.09.12. COMPUTER/APPLICATION/NETWORK DEVELOPMENT | 39798 |
| The foregoing appropriation item 200-420, | 39799 |
| Computer/Application/Network Development, shall be used to support | 39800 |
| the development and implementation of information technology | 39801 |
| solutions designed to improve the performance and services of the | 39802 |
| Department of Education. Funds may be used for personnel, | 39803 |
| maintenance, and equipment costs related to the development and | 39804 |
| implementation of these technical system projects. Implementation | 39805 |
| of these systems shall allow the Department to provide greater | 39806 |
| levels of assistance to school districts and to provide more | 39807 |
| timely information to the public, including school districts, | 39808 |
| administrators, and legislators. | 39809 |
| ALTERNATIVE EDUCATION PROGRAMS | 39810 |
| There is hereby created the Alternative Education Advisory | 39811 |
| Council, which shall consist of one representative from each of | 39812 |
| the following agencies: the Ohio Department of Education; the | 39813 |
| Department of Youth Services; the Ohio Department of Alcohol and | 39814 |
| Drug Addiction Services; the Department of Mental Health; the | 39815 |
| Office of the Governor or, at the Governor's discretion, the | 39816 |
| Office of the Lieutenant Governor; the Office of the Attorney | 39817 |
| General; and the Office of the Auditor of State. | 39818 |
| Of the foregoing appropriation item 200-421, Alternative | 39819 |
| Education Programs, up to $6,227,310 in each fiscal year shall be | 39820 |
| used for the renewal of successful implementation grants and for | 39821 |
| competitive matching grants to the 21 urban school districts as | 39822 |
| defined in division (O) of section 3317.02 of the Revised Code as | 39823 |
|
it
existed prior to July 1, 1998, and up to | 39824 |
| in each fiscal year shall be used for the renewal of successful | 39825 |
| implementation grants and for competitive matching grants to rural | 39826 |
| and suburban school districts for alternative educational programs | 39827 |
| for existing and new at-risk and delinquent youth. Programs shall | 39828 |
| be focused on youth in one or more of the following categories: | 39829 |
| those who have been expelled or suspended, those who have dropped | 39830 |
| out of school or who are at risk of dropping out of school, those | 39831 |
| who are habitually truant or disruptive, or those on probation or | 39832 |
| on parole from a Department of Youth Services facility. Grants | 39833 |
| shall be awarded according to the criteria established by the | 39834 |
| Alternative Education Advisory Council in 1999. Grants shall be | 39835 |
| awarded only to programs in which the grant will not serve as the | 39836 |
| program's primary source of funding. These grants shall be | 39837 |
| administered by the Department of Education. | 39838 |
| The Department of Education may waive compliance with any | 39839 |
| minimum education standard established under section 3301.07 of | 39840 |
| the Revised Code for any alternative school that receives a grant | 39841 |
| under this section on the grounds that the waiver will enable the | 39842 |
| program to more effectively educate students enrolled in the | 39843 |
| alternative school. | 39844 |
| Of the foregoing appropriation item 200-421, Alternative | 39845 |
| Education Programs, up to $422,281 in each fiscal year may be used | 39846 |
| for program administration, monitoring, technical assistance, | 39847 |
| support, research, and evaluation. Any unexpended balance may be | 39848 |
| used to provide additional matching grants to urban, suburban, or | 39849 |
| rural school districts as outlined above. | 39850 |
| Of the foregoing appropriation item 200-421, Alternative | 39851 |
| Education Programs, $247,000 in each fiscal year shall be used to | 39852 |
| contract with the Center for Learning Excellence at The Ohio State | 39853 |
| University to provide technical support for the project and the | 39854 |
| completion of formative and summative evaluation of the grants. | 39855 |
| Of the foregoing appropriation item 200-421, Alternative | 39856 |
| Education Programs, up to $675,000 in fiscal year 2006 and up to | 39857 |
| $500,000 in fiscal year 2007 may be used by the Department of | 39858 |
| Education to administer the Educational Choice Scholarship Pilot | 39859 |
| Program established under section 3310.02 of the Revised Code. | 39860 |
| Of the foregoing appropriation item 200-421, Alternative | 39861 |
| Education Programs, $75,000 in each fiscal year shall be used to | 39862 |
| support the Toledo Tech Academy. | 39863 |
| Of the foregoing appropriation item 200-421, Alternative | 39864 |
| Education Programs, $100,000 in each fiscal year shall be used for | 39865 |
| the Youth Opportunities United, Inc. | 39866 |
| SCHOOL MANAGEMENT ASSISTANCE | 39867 |
| Of the foregoing appropriation item 200-422, School | 39868 |
| Management Assistance, up to $1,315,000 in each fiscal year shall | 39869 |
| be used by the Auditor of State in consultation with the | 39870 |
| Department of Education for expenses incurred in the Auditor of | 39871 |
| State's role relating to fiscal caution, fiscal watch, and fiscal | 39872 |
| emergency activities as defined in Chapter 3316. of the Revised | 39873 |
| Code and may also be used to conduct performance audits consistent | 39874 |
| with the recommendations of the Governor's Blue Ribbon Task Force | 39875 |
| on Financing Student Success, with priority given to districts in | 39876 |
| fiscal distress. Expenses include duties related to the completion | 39877 |
| of performance audits for school districts that the Superintendent | 39878 |
| of Public Instruction determines are employing fiscal practices or | 39879 |
| experiencing budgetary conditions that could produce a state of | 39880 |
| fiscal watch or fiscal emergency. | 39881 |
| The remainder of foregoing appropriation item 200-422, School | 39882 |
| Management Assistance, shall be used by the Department of | 39883 |
| Education to provide fiscal technical assistance and inservice | 39884 |
| education for school district management personnel and to | 39885 |
| administer, monitor, and implement the fiscal watch and fiscal | 39886 |
| emergency provisions under Chapter 3316. of the Revised Code. | 39887 |
| POLICY ANALYSIS | 39888 |
| The foregoing appropriation item 200-424, Policy Analysis, | 39889 |
| shall be used by the Department of Education to support a system | 39890 |
| of administrative, statistical, and legislative education | 39891 |
| information to be used for policy analysis. Staff supported by | 39892 |
| this appropriation shall administer the development of reports, | 39893 |
| analyses, and briefings to inform education policymakers of | 39894 |
| current trends in education practice, efficient and effective use | 39895 |
| of resources, and evaluation of programs to improve education | 39896 |
| results. The database shall be kept current at all times. These | 39897 |
| research efforts shall be used to supply information and analysis | 39898 |
| of data to the General Assembly and other state policymakers, | 39899 |
| including the Office of Budget and Management and the Legislative | 39900 |
| Service Commission. | 39901 |
| The Department of Education may use funding from this | 39902 |
| appropriation item to purchase or contract for the development of | 39903 |
| software systems or contract for policy studies that will assist | 39904 |
| in the provision and analysis of policy-related information. | 39905 |
| Funding from this appropriation item also may be used to monitor | 39906 |
| and enhance quality assurance for research-based policy analysis | 39907 |
| and program evaluation to enhance the effective use of education | 39908 |
| information to inform education policymakers. | 39909 |
| TECH PREP CONSORTIA SUPPORT | 39910 |
| The foregoing appropriation item 200-425, Tech Prep Consortia | 39911 |
| Support, shall be used by the Department of Education to support | 39912 |
| state-level activities designed to support, promote, and expand | 39913 |
| tech prep programs. Use of these funds shall include, but not be | 39914 |
| limited to, administration of grants, program evaluation, | 39915 |
| professional development, curriculum development, assessment | 39916 |
| development, program promotion, communications, and statewide | 39917 |
| coordination of tech prep consortia. | 39918 |
| OHIO EDUCATIONAL COMPUTER NETWORK | 39919 |
| The foregoing appropriation item 200-426, Ohio Educational | 39920 |
| Computer Network, shall be used by the Department of Education to | 39921 |
| maintain a system of information technology throughout Ohio and to | 39922 |
| provide technical assistance for such a system in support of the | 39923 |
| State Education Technology Plan under section 3301.07 of the | 39924 |
| Revised Code. | 39925 |
| Of the foregoing appropriation item 200-426, Ohio Educational | 39926 |
| Computer Network, up to $18,136,691 in each fiscal year shall be | 39927 |
| used by the Department of Education to support connection of all | 39928 |
| public school buildings and participating chartered nonpublic | 39929 |
| schools to the state's education network, to each other, and to | 39930 |
| the Internet. In each fiscal year the Department of Education | 39931 |
| shall use these funds to assist data acquisition sites or school | 39932 |
| districts with the operational costs associated with this | 39933 |
| connectivity. The Department of Education shall develop a formula | 39934 |
| and guidelines for the distribution of these funds to the data | 39935 |
| acquisition sites or individual school districts. As used in this | 39936 |
| section, "public school building" means a school building of any | 39937 |
| city, local, exempted village, or joint vocational school | 39938 |
| district, any community school established under Chapter 3314. of | 39939 |
| the Revised Code, any educational service center building used for | 39940 |
| instructional purposes, the Ohio School for the Deaf and the Ohio | 39941 |
| School for the Blind, or high schools chartered by the Ohio | 39942 |
| Department of Youth Services and high schools operated by Ohio | 39943 |
| Department of Rehabilitation and Corrections' Ohio Central School | 39944 |
| System. | 39945 |
| Of the foregoing appropriation item 200-426, Ohio Educational | 39946 |
| Computer Network, up to $1,700,000 in each fiscal year shall be | 39947 |
| used for the Union Catalog and InfOhio Network. | 39948 |
| Of the foregoing appropriation item 200-426, Ohio Educational | 39949 |
| Computer Network, up to $8,338,468 in each fiscal year shall be | 39950 |
| used, through a formula and guidelines devised by the department, | 39951 |
| to subsidize the activities of designated data acquisition sites, | 39952 |
| as defined by State Board of Education rules, to provide school | 39953 |
| districts and chartered nonpublic schools with computer-based | 39954 |
| student and teacher instructional and administrative information | 39955 |
| services, including approved computerized financial accounting, | 39956 |
| and to ensure the effective operation of local automated | 39957 |
| administrative and instructional systems. | 39958 |
| Of the foregoing appropriation item 200-426, Ohio Educational | 39959 |
| Computer Network, up to $769,223 in each fiscal year shall be used | 39960 |
| for the INFOhio Network to support the provision of electronic | 39961 |
| resources with priority given to resources that support the | 39962 |
| teaching of state academic content standards to all public | 39963 |
| schools. Consideration shall be given by the Department of | 39964 |
| Education to coordinating the allocation of these moneys with the | 39965 |
| efforts of Libraries Connect Ohio, whose members include OhioLINK, | 39966 |
| the Ohio Public Information Network, and the State Library of | 39967 |
| Ohio. | 39968 |
| The remainder of appropriation item 200-426, Ohio Educational | 39969 |
| Computer Network, shall be used to support development, | 39970 |
| maintenance, and operation of a network of uniform and compatible | 39971 |
| computer-based information and instructional systems. This | 39972 |
| technical assistance shall include, but not be restricted to, | 39973 |
| development and maintenance of adequate computer software systems | 39974 |
| to support network activities. In order to improve the efficiency | 39975 |
| of network activities, the Department and data acquisition sites | 39976 |
| may jointly purchase equipment, materials, and services from funds | 39977 |
| provided under this appropriation for use by the network and, when | 39978 |
| considered practical by the Department, may utilize the services | 39979 |
| of appropriate state purchasing agencies. | 39980 |
| ACADEMIC STANDARDS | 39981 |
| Of the foregoing appropriation item 200-427, Academic | 39982 |
| Standards, up to $747,912 in each fiscal year shall be used to | 39983 |
| provide funds to school districts that have one or more teachers | 39984 |
| participating in the teachers-on-loan program. | 39985 |
| Of the foregoing appropriation item 200-427, Academic | 39986 |
| Standards, $150,000 in each fiscal year shall be used by the | 39987 |
| Department in combination with funding earmarked for this purpose | 39988 |
| in the Board of Regents' budget under appropriation item 235-321, | 39989 |
| Operating Expenses. Such funding shall be used to support Ohio's | 39990 |
| Partnership for Continued Learning at the direction of the Office | 39991 |
| of the Governor. Ohio's Partnership for Continued Learning | 39992 |
| replaces and broadens the former Joint Council of the Department | 39993 |
| of Education and the Board of Regents. The Partnership shall | 39994 |
| advise and make recommendations to promote collaboration among | 39995 |
| relevant state entities in an effort to help local communities | 39996 |
| develop coherent and successful "P-16" learning systems. The | 39997 |
| Governor, or the Governor's designee, shall serve as the | 39998 |
| chairperson. | 39999 |
| Of the foregoing appropriation item 200-427, Academic | 40000 |
| Standards, $1,000,000 in each fiscal year shall be used for | 40001 |
| Project Lead the Way leadership and management oversight and | 40002 |
| initial and continuing support of Project Lead the Way workforce | 40003 |
| development programs in participating school districts. Project | 40004 |
| Lead the Way is a program that supports students interested in | 40005 |
| pursuing engineering professions and stimulates growth of career | 40006 |
| pathways that meet business and industry workforce needs. | 40007 |
| Of the foregoing appropriation item 200-427, Academic | 40008 |
| Standards, up to $2,600,000 in each fiscal year shall be used for | 40009 |
| intensive teacher professional development institutes that focus | 40010 |
| on classroom implementation of the mathematics standards. | 40011 |
| Of the foregoing appropriation item 200-427, Academic | 40012 |
| Standards, $200,000 in each fiscal year may be used to support the | 40013 |
| Ohio Resource Center for Math and Science. | 40014 |
| Of the foregoing appropriation item 200-427, Academic | 40015 |
| Standards, up to $282,000 in each fiscal year shall be used for | 40016 |
| the JASON Expedition project that provides statewide access to | 40017 |
| JASON Expedition content. Funds shall be used to provide | 40018 |
| professional development training for teachers participating in | 40019 |
| the project, statewide management, and a seventy-five per cent | 40020 |
| subsidy for statewide licensing of JASON Expedition content with | 40021 |
| priority given to content aligned with state academic content | 40022 |
| standards for approximately 90,000 middle school students | 40023 |
| statewide. | 40024 |
| Of the foregoing appropriation item 200-427, Academic | 40025 |
| Standards, $285,000 in each fiscal year shall be used for the Ohio | 40026 |
| Science Institute (OSCI). | 40027 |
| The remainder of appropriation item 200-427, Academic | 40028 |
| Standards, shall be used by the Department of Education to develop | 40029 |
| and communicate to school districts academic content standards and | 40030 |
| curriculum models. | 40031 |
| Sec. 206.09.15. SCHOOL IMPROVEMENT INITIATIVES | 40032 |
| Of the foregoing appropriation item 200-431, School | 40033 |
| Improvement Initiatives, $300,000 in fiscal year 2006 and $450,000 | 40034 |
| in fiscal year 2007 shall be used for Ohio's Rural Appalachian | 40035 |
| Leadership Development Initiative. | 40036 |
| Of the foregoing appropriation item 200-431, School | 40037 |
| Improvement Initiatives, up to $601,165 in each fiscal year shall | 40038 |
| be used by the Department of Education to contract with | 40039 |
| educational media centers to provide Ohio public schools with | 40040 |
| instructional resources and services with priority given to | 40041 |
| resources and services aligned with state academic content | 40042 |
| standards. | 40043 |
| Of the foregoing appropriation item 200-431, School | 40044 |
| Improvement Initiatives, up to $13,972,949 in fiscal year 2006 and | 40045 |
| $13,672,678 in fiscal year 2007 shall be used to provide technical | 40046 |
| assistance to school districts that are declared to be in a state | 40047 |
| of academic watch or academic emergency under section 3302.03 of | 40048 |
| the Revised Code, to provide support to districts in the | 40049 |
| development and implementation of their continuous improvement | 40050 |
| plans as required in section 3302.04 of the Revised Code, to | 40051 |
| support a statewide comprehensive system of field relations that | 40052 |
| support local educators' abilities to foster academic achievement | 40053 |
| in the students they serve, and to provide technical assistance | 40054 |
| and support in accordance with Title I of the "No Child Left | 40055 |
| Behind Act of 2001," 115 Stat. 1425, 20 U.S.C. 6317. The field | 40056 |
| relations system shall include training that assists educators, | 40057 |
| school leadership, and technical assistance providers in | 40058 |
| understanding and implementing standards-based education, data | 40059 |
| analysis, and development of assessment systems for quality | 40060 |
| instruction. | 40061 |
| Of the foregoing appropriation item 200-431, School | 40062 |
| Improvement Initiatives, up to $315,000 in each fiscal year shall | 40063 |
| be used to reduce the dropout rate by addressing the academic and | 40064 |
| social problems of inner-city students through Project GRAD. | 40065 |
| Of the foregoing appropriation item 200-431, School | 40066 |
| Improvement Initiatives, $1,574,535 in fiscal year 2006 and | 40067 |
| $2,753,985 in fiscal year 2007 shall be used in conjunction with | 40068 |
| funding provided in the Board of Regents' budget under | 40069 |
| appropriation item 235-434, College Readiness and Access, to | 40070 |
| create early college high schools, which are small, autonomous | 40071 |
| schools that blend high school and college into a coherent | 40072 |
| educational program. The funds shall be distributed according to | 40073 |
| guidelines established by the Department of Education and the | 40074 |
| Board of Regents. | 40075 |
| Of the foregoing appropriation item 200-431, School | 40076 |
| Improvement Initiatives, up to $2,935,000 in fiscal year 2006 and | 40077 |
| up to $4,935,000 in fiscal year 2007 shall be used in partnership | 40078 |
| with nonprofit groups with expertise in converting existing large | 40079 |
| urban high schools into small, personalized high schools. | 40080 |
| Districts eligible for such funding include the Urban 21 high | 40081 |
| schools, as defined in division (O) of section 3317.02 of the | 40082 |
| Revised Code as it existed prior to July 1, 1998. | 40083 |
| Of the foregoing appropriation item 200-431, School | 40084 |
| Improvement Initiatives, up to $65,000 in each fiscal year shall | 40085 |
| be provided to Southern State Community College for the Pilot | 40086 |
| Post-Secondary Enrollment Options Program with Miami Trace High | 40087 |
| School. | 40088 |
| Of the foregoing appropriation item 200-431, School | 40089 |
| Improvement Initiatives, $1,000,000 in each fiscal year shall be | 40090 |
| used to support Jobs for Ohio Graduates (JOG). The Department of | 40091 |
| Education shall require a two-to-one match of local funding to | 40092 |
| state funding before releasing these funds to JOG. | 40093 |
| Of the foregoing appropriation item 200-431, School | 40094 |
| Improvement Initiatives, $50,000 in each fiscal year shall be used | 40095 |
| for the Big City Schools Program in Cincinnati. | 40096 |
| Of the foregoing appropriation item 200-431, School | 40097 |
| Improvement Initiatives, $1,000,000 shall be used in fiscal year | 40098 |
| 2006 to support Improved Solutions for Urban Students (ISUS) in | 40099 |
| Dayton. | 40100 |
| READING/WRITING IMPROVEMENT-PROFESSIONAL DEVELOPMENT | 40101 |
| Of the foregoing appropriation item 200-433, Reading/Writing | 40102 |
| Improvement-Professional Development, up to $9,790,000 in each | 40103 |
| fiscal year shall be used for educator training in literacy for | 40104 |
| classroom teachers, administrators, and literacy specialists. | 40105 |
| Of the foregoing appropriation item 200-433, Reading/Writing | 40106 |
| Improvement-Professional Development, up to $5,000,000 in each | 40107 |
| fiscal year shall be used to support literacy professional | 40108 |
| development partnerships between the Department of Education, | 40109 |
| higher education institutions, literacy networks, and school | 40110 |
| districts. | 40111 |
| Of the foregoing appropriation item 200-433, Reading/Writing | 40112 |
| Improvement–Professional Development, up to $900,000 in each | 40113 |
| fiscal year shall be used by the Department of Education to fund | 40114 |
| the Reading Recovery Training Network, to cover the cost of | 40115 |
| release time for the teacher trainers, and to provide grants to | 40116 |
| districts to implement other reading improvement programs on a | 40117 |
| pilot basis. Funds from this set-aside also may be used to conduct | 40118 |
| evaluations of the impact and effectiveness of Reading Recovery | 40119 |
| and other reading improvement programs. | 40120 |
| Of the foregoing appropriation item 200-433, Reading/Writing | 40121 |
| Improvement-Professional Development, up to $250,000 in each | 40122 |
| fiscal year shall be used for the Waterford Early Reading Program. | 40123 |
| The remainder of appropriation item 200-433, Reading/Writing | 40124 |
| Improvement-Professional Development, shall be used by the | 40125 |
| Department of Education to provide administrative support of | 40126 |
| literacy professional development programs. | 40127 |
| STUDENT ASSESSMENT | 40128 |
| The foregoing appropriation item 200-437, Student Assessment, | 40129 |
| shall be used to develop, field test, print, distribute, score, | 40130 |
| report results, and support other associated costs for the tests | 40131 |
| required under sections 3301.0710 and 3301.0711 of the Revised | 40132 |
| Code and for similar purposes as required by section 3301.27 of | 40133 |
| the Revised Code. | 40134 |
| ACCOUNTABILITY/REPORT CARDS | 40135 |
| Of the foregoing appropriation item 200-439, | 40136 |
| Accountability/Report Cards, up to $200,100 in fiscal year 2006 | 40137 |
| and up to $3,778,540 in fiscal year 2007 shall be used by the | 40138 |
| Department of Education to incorporate a statewide pilot | 40139 |
| value-added progress dimension into performance ratings for school | 40140 |
| districts and to train regional specialists. This funding shall be | 40141 |
| used in consultation with a credible nonprofit organization with | 40142 |
| expertise in value-added progress dimensions. | 40143 |
| The remainder of the appropriation item 200-439, | 40144 |
| Accountability/Report Cards, shall be used for the development of | 40145 |
| an accountability system that includes the preparation and | 40146 |
| distribution of school report cards under section 3302.03 of the | 40147 |
| Revised Code. | 40148 |
| CHILD CARE LICENSING | 40149 |
| The foregoing appropriation item 200-442, Child Care | 40150 |
| Licensing, shall be used by the Department of Education to license | 40151 |
| and to inspect preschool and school-age child care programs under | 40152 |
| sections 3301.52 to 3301.59 of the Revised Code. | 40153 |
| OHIOREADS VOLUNTEER SUPPORT | 40154 |
| The foregoing appropriation item 200-445, OhioReads Volunteer | 40155 |
| Support, may be allocated by the Department of Education for | 40156 |
| volunteer coordinators in public school buildings, for background | 40157 |
| checks for volunteers, to evaluate programs, and to develop, | 40158 |
| implement, and support literacy improvement activities and | 40159 |
| interventions for students in grades kindergarten through twelve. | 40160 |
| Sec. 206.09.21. PUPIL TRANSPORTATION | 40161 |
| Of the foregoing appropriation item 200-502, Pupil | 40162 |
| Transportation, up to $822,400 in each fiscal year may be used by | 40163 |
| the Department of Education for training prospective and | 40164 |
| experienced school bus drivers in accordance with training | 40165 |
| programs prescribed by the Department. Up to $58,115,428 in fiscal | 40166 |
| year 2006 and up to $59,277,737 in fiscal year 2007 may be used by | 40167 |
| the Department of Education for special education transportation | 40168 |
| reimbursements to school districts and county MR/DD boards for | 40169 |
| transportation operating costs as provided in division | 40170 |
| section 3317.024 of the Revised Code. The remainder of | 40171 |
| appropriation item 200-502, Pupil Transportation, shall be used | 40172 |
| for the state reimbursement of public school districts' costs in | 40173 |
| transporting pupils to and from the school they attend in | 40174 |
| accordance with the district's policy, State Board of Education | 40175 |
| standards, and the Revised Code. | 40176 |
| Notwithstanding the distribution formula outlined in division | 40177 |
| (D) of section 3317.022 of the Revised Code, each school district | 40178 |
| shall receive an additional two per cent in state funding for | 40179 |
| transportation in fiscal year 2006 over what was received in | 40180 |
| fiscal year 2005, and the local share of transportation costs that | 40181 |
| is used in the calculation of the charge-off supplement and excess | 40182 |
| cost supplement for each school district in fiscal year 2006 shall | 40183 |
| be increased by two per cent from that used in calculations in | 40184 |
| fiscal year 2005. | 40185 |
| Notwithstanding the distribution formula outlined in division | 40186 |
| (D) of section 3317.022 of the Revised Code, each school district | 40187 |
| shall receive an additional two per cent in state funding for | 40188 |
| transportation in fiscal year 2007 over what was received in | 40189 |
| fiscal year 2006, and the local share of transportation costs that | 40190 |
| is used in the calculation of the charge-off supplement and excess | 40191 |
| cost supplement for each school district in fiscal year 2007 shall | 40192 |
| be increased by two per cent from that used in calculations in | 40193 |
| fiscal year 2006. | 40194 |
| The Department of Education shall recommend a new formula for | 40195 |
| allocating state funds for transportation costs. The Department | 40196 |
| shall submit the recommendation to the Director of Budget and | 40197 |
| Management, the Speaker of the House of Representatives, and the | 40198 |
| President of the Senate not later than July 1, 2006. | 40199 |
| School districts not receiving state funding for | 40200 |
| transportation in fiscal year 2005 under division (D) of section | 40201 |
| 3317.022 of the Revised Code shall not receive state funding for | 40202 |
| transportation in fiscal year 2006 or fiscal year 2007. | 40203 |
| BUS PURCHASE ALLOWANCE | 40204 |
| The foregoing appropriation item 200-503, Bus Purchase | 40205 |
| Allowance, shall be distributed to school districts, educational | 40206 |
| service centers, and county MR/DD boards pursuant to rules adopted | 40207 |
| under section 3317.07 of the Revised Code. Up to 28 per cent of | 40208 |
| the amount appropriated may be used to reimburse school districts | 40209 |
| and educational service centers for the purchase of buses to | 40210 |
| transport handicapped and nonpublic school students and to county | 40211 |
| MR/DD boards, the Ohio School for the Deaf, and the Ohio School | 40212 |
| for the Blind for the purchase of buses to transport handicapped | 40213 |
| students. | 40214 |
| SCHOOL LUNCH MATCH | 40215 |
| The foregoing appropriation item 200-505, School Lunch Match, | 40216 |
| shall be used to provide matching funds to obtain federal funds | 40217 |
| for the school lunch program. | 40218 |
| Sec. 206.09.27. GIFTED PUPIL PROGRAM | 40219 |
| The foregoing appropriation item 200-521, Gifted Pupil | 40220 |
| Program, shall be used for gifted education units not to exceed | 40221 |
| 1,110 in
each fiscal year under division | 40222 |
| 3317.024 and division (F) of section 3317.05 of the Revised Code. | 40223 |
| Of the foregoing appropriation item 200-521, Gifted Pupil | 40224 |
| Program, up to $4,700,000 in each fiscal year may be used as an | 40225 |
| additional supplement for identifying gifted students under | 40226 |
| Chapter 3324. of the Revised Code. | 40227 |
| Of the foregoing appropriation item 200-521, Gifted Pupil | 40228 |
| Program, the Department of Education may expend up to $940,000 in | 40229 |
| each fiscal year for the Summer Honors Institute for gifted | 40230 |
| freshman and sophomore high school students. Up to $65,800 in each | 40231 |
| fiscal year shall be used for the Ohio Summer School for the | 40232 |
| Gifted (Martin Essex Program). | 40233 |
| NONPUBLIC ADMINISTRATIVE COST REIMBURSEMENT | 40234 |
| The foregoing appropriation item 200-532, Nonpublic | 40235 |
| Administrative Cost Reimbursement, shall be used by the Department | 40236 |
| of Education for the purpose of implementing section 3317.063 of | 40237 |
| the Revised Code. | 40238 |
| Sec. 206.09.36. FOUNDATION FUNDING | 40239 |
| The foregoing appropriation item 200-550, Foundation Funding, | 40240 |
| includes $85,000,000 in each fiscal year for the state education | 40241 |
| aid offset due to the change in public utility valuation as a | 40242 |
| result of Am. Sub. S.B. 3 and Am. Sub. S.B. 287, both of the 123rd | 40243 |
| General Assembly. This amount represents the total state education | 40244 |
| aid offset due to the valuation change for school districts and | 40245 |
| joint vocational school districts from all relevant appropriation | 40246 |
| line item sources. Upon certification by the Department of | 40247 |
| Education, in consultation with the Department of Taxation, to the | 40248 |
| Director of Budget and Management of the actual state aid offset, | 40249 |
| the cash transfer from | 40250 |
| School District Property Tax Replacement - Utility, shall be | 40251 |
| decreased or increased by the Director of Budget and Management to | 40252 |
| match the certification in accordance with section 5727.84 of the | 40253 |
| Revised Code. | 40254 |
| Of the foregoing appropriation item 200-550, Foundation | 40255 |
| Funding, up to $425,000 shall be expended in each fiscal year for | 40256 |
| court payments under section 2151.357 of the Revised Code; an | 40257 |
| amount shall be available in each fiscal year for the cost of | 40258 |
| reappraisal guarantee under section 3317.04 of the Revised Code; | 40259 |
| an amount shall be available in each fiscal year to fund up to 225 | 40260 |
| full-time equivalent approved GRADS teacher grants under division | 40261 |
| 40262 | |
| available in each fiscal year to make payments to school districts | 40263 |
| under division (A)(3) of section 3317.022 of the Revised Code; an | 40264 |
| amount shall be available in each fiscal year to make payments to | 40265 |
| school districts under division (F) of section 3317.022 of the | 40266 |
| Revised Code; an amount shall be available in each fiscal year to | 40267 |
| make payments to school districts under division (C) of section | 40268 |
| 3317.0212 of the Revised Code; and up to $30,000,000 in each | 40269 |
| fiscal year shall be reserved for payments under sections | 40270 |
| 3317.026, 3317.027, and 3317.028 of the Revised Code except that | 40271 |
| the Controlling Board may increase the $30,000,000 amount if | 40272 |
| presented with such a request from the Department of Education. Of | 40273 |
| the foregoing appropriation item 200-550, Foundation Funding, up | 40274 |
| to $18,000,000 in fiscal year 2006 and up to $19,000,000 in fiscal | 40275 |
| year 2007 shall be used to provide additional state aid to school | 40276 |
| districts for special education students under division (C)(3) of | 40277 |
| section 3317.022 of the Revised Code; up to $2,000,000 in each | 40278 |
| fiscal year shall be reserved for Youth Services tuition payments | 40279 |
| under section 3317.024 of the Revised Code; and up to $52,000,000 | 40280 |
| in each fiscal year shall be reserved to fund the state | 40281 |
| reimbursement of educational service centers under section 3317.11 | 40282 |
| of the Revised Code and the section of this act entitled | 40283 |
| "EDUCATIONAL SERVICE CENTERS FUNDING." An amount shall be | 40284 |
| available for special education weighted funding under division | 40285 |
| (C)(1) of section 3317.022 and division (D)(1) of section 3317.16 | 40286 |
| of the Revised Code. | 40287 |
| Of the foregoing appropriation item 200-550, Foundation | 40288 |
| Funding, an amount shall be available in each fiscal year to be | 40289 |
| used by the Department of Education for transitional aid for | 40290 |
| school districts and joint vocational school districts. Funds | 40291 |
| shall be distributed under the sections of this act entitled | 40292 |
| "TRANSITIONAL AID FOR CITY, LOCAL, AND EXEMPTED VILLAGE SCHOOL | 40293 |
| DISTRICTS" | 40294 |
| DISTRICTS." | 40295 |
| Of the foregoing appropriation item 200-550, Foundation | 40296 |
| Funding, up to $1,000,000 in each fiscal year shall be used by the | 40297 |
| Department of Education for a program to pay for educational | 40298 |
| services for youth who have been assigned by a juvenile court or | 40299 |
| other authorized agency to any of the facilities described in | 40300 |
| division (A) of the section of this act entitled "PRIVATE | 40301 |
| TREATMENT FACILITY PROJECT." | 40302 |
| Of the foregoing appropriation item 200-550, Foundation | 40303 |
| Funding, up to $3,700,000 in each fiscal year shall be used for | 40304 |
| school breakfast programs. Of this amount, up to $900,000 shall be | 40305 |
| used in each fiscal year by the Department of Education to | 40306 |
| contract with the Children's Hunger Alliance to expand access to | 40307 |
| child nutrition programs consistent with the organization's | 40308 |
| continued ability to meet specified performance measures as | 40309 |
| detailed in the contract. Of this amount, the Children's Hunger | 40310 |
| Alliance shall use at least $150,000 in each fiscal year to | 40311 |
| subcontract with an appropriate organization or organizations to | 40312 |
| expand summer food participation in underserved areas of the | 40313 |
| state, consistent with those organizations' continued ability to | 40314 |
| meet specified performance measures as detailed in the | 40315 |
| subcontracts. The remainder of the appropriation shall be used to | 40316 |
| partially reimburse school buildings within school districts that | 40317 |
| are required to have a school breakfast program under section | 40318 |
| 3313.813 of the Revised Code, at a rate decided by the Department. | 40319 |
| Of the foregoing appropriation item 200-550, Foundation | 40320 |
| Funding, up to $8,800,000 in fiscal year 2006 and up to $8,600,000 | 40321 |
| in fiscal year 2007 shall be used to operate the school choice | 40322 |
| program in the Cleveland Municipal School District under sections | 40323 |
| 3313.974 to 3313.979 of the Revised Code. | 40324 |
| Of the portion of the funds distributed to the Cleveland | 40325 |
| Municipal School District under this section, up to $10,401,887 in | 40326 |
| fiscal year 2006 and up to $11,901,887 in fiscal year 2007 shall | 40327 |
| be used to operate the school choice program in the Cleveland | 40328 |
| Municipal School District under sections 3313.974 to 3313.979 of | 40329 |
| the Revised Code. | 40330 |
| Of the foregoing appropriation item 200-550, Foundation | 40331 |
| Funding, $250,000 in fiscal year 2006 shall be provided to the | 40332 |
| Julie Billiart School for operating expenses of the school. | 40333 |
| The remaining portion of appropriation item 200-550, | 40334 |
| Foundation Funding, shall be expended for the public schools of | 40335 |
| city, local, exempted village, and joint vocational school | 40336 |
| districts, including base-cost funding, special education speech | 40337 |
| service enhancement funding, career-technical education weight | 40338 |
| funding, career-technical education associated service funding, | 40339 |
| guarantee funding, teacher training and experience funding, | 40340 |
| poverty-based assistance, parity aid, charge-off supplement, and | 40341 |
| excess cost supplement under sections 3317.022, 3317.023, | 40342 |
| 3317.029, 3317.0212, 3317.0216, 3317.0217, and 3317.16 of the | 40343 |
| Revised Code. | 40344 |
| Appropriation items 200-502, Pupil Transportation, 200-521, | 40345 |
| Gifted Pupil Program, 200-540, Special Education Enhancements, and | 40346 |
| 200-550, Foundation Funding, other than specific set-asides, are | 40347 |
| collectively used in each fiscal year to pay state formula aid | 40348 |
| obligations for school districts and joint vocational school | 40349 |
| districts under Chapter 3317. of the Revised Code. The first | 40350 |
| priority of these appropriation items, with the exception of | 40351 |
| specific set-asides, is to fund state formula aid obligations | 40352 |
| under Chapter 3317. of the Revised Code. It may be necessary to | 40353 |
| reallocate funds among these appropriation items or use excess | 40354 |
| funds from other general revenue fund appropriation items in the | 40355 |
| Department of Education's budget in each fiscal year, in order to | 40356 |
| meet state formula aid obligations. If it is determined that it is | 40357 |
| necessary to transfer funds among these appropriation items or to | 40358 |
| transfer funds from other General Revenue Fund appropriations in | 40359 |
| the Department of Education's budget to meet state formula aid | 40360 |
| obligations, the Department of Education shall seek approval from | 40361 |
| the Controlling Board to transfer funds as needed. | 40362 |
| Sec. 206.09.39. TRANSITIONAL AID FOR CITY, LOCAL, AND | 40363 |
| EXEMPTED VILLAGE SCHOOL DISTRICTS | 40364 |
| (A) The Department of Education shall distribute funds within | 40365 |
| appropriation item 200-550, Foundation Funding, for transitional | 40366 |
| aid in each fiscal year to each qualifying city, local, and | 40367 |
| exempted village school district. | 40368 |
| In fiscal years 2006 and 2007, the Department shall pay | 40369 |
| transitional aid to each city, local, or exempted village school | 40370 |
| district that experiences any decrease in its SF-3 funding plus | 40371 |
| charge-off supplement for the current fiscal year from its SF-3 | 40372 |
| funding plus charge-off supplement for the previous fiscal year. | 40373 |
| The amount of the transitional aid payment shall equal the | 40374 |
| difference between the district's SF-3 funding plus charge-off | 40375 |
| supplement for the current fiscal year and its SF-3 funding plus | 40376 |
| charge-off supplement for the previous fiscal year. | 40377 |
| (B)(1) Subject to divisions (B)(2) and (3) of this section, | 40378 |
| the "SF-3 funding plus charge-off supplement" for each city, | 40379 |
| local, and exempted village school district | 40380 |
| 2006 and 2007 equals the sum of the following: | 40381 |
| (a) Base-cost funding under division (A) of section 3317.022 | 40382 |
| of the Revised Code; | 40383 |
| (b) Special education and related services additional | 40384 |
| weighted funding under division (C)(1) of section 3317.022 of the | 40385 |
| Revised Code; | 40386 |
| (c) Speech services funding under division (C)(4) of section | 40387 |
| 3317.022 of the Revised Code; | 40388 |
| (d) Vocational education additional weighted funding under | 40389 |
| division (E) of section 3317.022 of the Revised Code; | 40390 |
|
(e) GRADS funding under division | 40391 |
| of the Revised Code; | 40392 |
| (f) Adjustments for classroom teachers and educational | 40393 |
| service personnel under divisions (B), (C), and (D) of section | 40394 |
| 3317.023 of the Revised Code; | 40395 |
| (g) Poverty-Based Assistance under section 3317.029 of the | 40396 |
| Revised Code; | 40397 |
| (h) Gifted education units under section 3317.05 of the | 40398 |
| Revised Code; | 40399 |
| (i) Transportation under the section of this act entitled | 40400 |
| "PUPIL TRANSPORTATION"; | 40401 |
| (j) The excess cost supplement under division (F) of section | 40402 |
| 3317.022 of the Revised Code; | 40403 |
| (k) Parity aid under section 3317.0217 of the Revised Code; | 40404 |
| (l) The reappraisal guarantee under division (C) of section | 40405 |
| 3317.04 of the Revised Code; | 40406 |
| (m) The charge-off supplement under section 3317.0216 of the | 40407 |
| Revised Code. | 40408 |
|
(2) For purposes of calculating transitional aid | 40409 |
| fiscal year 2006, a district's fiscal year 2005 SF-3 funding plus | 40410 |
| charge-off supplement is the difference of (a) the sum of the | 40411 |
| amounts described in divisions (A) to (O) of Section 41.37 of Am. | 40412 |
| Sub. H.B. 95 of the 125th General Assembly, as amended, plus any | 40413 |
| transitional aid paid to the district under that section, that the | 40414 |
| district actually received | 40415 |
| based on the final reconciliation of data by the Department, minus | 40416 |
| (b) the amount of parity aid and the amount of disadvantaged pupil | 40417 |
| impact aid deducted for that year under division (C)(6) of section | 40418 |
| 3314.08 of the Revised Code, as that section existed that year, | 40419 |
| and Section 16 of Am. Sub. S.B. 2 of the 125th General Assembly on | 40420 |
| behalf of students entitled to attend school in the district who | 40421 |
| were enrolled in Internet- and computer-based community schools. | 40422 |
| For purposes of calculating transitional aid | 40423 |
| 2007, a district's fiscal year 2006 SF-3 funding plus charge-off | 40424 |
| supplement is the sum of the amounts described in divisions | 40425 |
| (B)(1)(a) to | 40426 |
| paid to the district under this section, that the district | 40427 |
| actually received | 40428 |
| the final reconciliation of data by the Department. | 40429 |
|
(3) The SF-3 funding plus charge-off supplement | 40430 |
| fiscal year for each district is the sum of the amounts specified | 40431 |
| in divisions (B)(1)(a) to | 40432 |
| any general revenue fund spending reductions ordered by the | 40433 |
| Governor under section 126.05 of the Revised Code. | 40434 |
| (C)(1) When calculating the reappraisal guarantee under | 40435 |
| division (C) or (D) of section 3317.04 of the Revised Code | 40436 |
| fiscal year 2006, the Department shall: | 40437 |
| (a) Include in a school district's fiscal year 2005 payments | 40438 |
| any transitional aid paid to the district | 40439 |
| under Section 41.37 of Am. Sub. H.B. 95 of the 125th General | 40440 |
| Assembly, as amended; | 40441 |
| (b) Subtract from a school district's fiscal year 2005 | 40442 |
| payments the amount of parity aid and the amount of disadvantaged | 40443 |
| pupil impact aid deducted for that year under division (C)(6) of | 40444 |
| section 3314.08 of the Revised Code, as that section existed that | 40445 |
| year, and Section 16 of Am. Sub. S.B. 2 of the 125th General | 40446 |
| Assembly on behalf of students entitled to attend school in the | 40447 |
| district who were enrolled in Internet- and computer-based | 40448 |
| community schools. | 40449 |
| (2) When calculating the reappraisal guarantee under division | 40450 |
| (C) or (D) of section 3317.04 of the Revised Code | 40451 |
| year 2007, the Department shall include in a school district's | 40452 |
| fiscal year 2006 payments any transitional aid paid to the | 40453 |
| district | 40454 |
| (3) When calculating the reappraisal guarantee under division | 40455 |
| (C) or (D) of section 3317.04 of the Revised Code | 40456 |
| year 2008, the Department shall include in a school district's | 40457 |
| fiscal year 2007 payments any transitional aid paid to the | 40458 |
| district | 40459 |
| Sec. 206.09.42. TRANSITIONAL AID FOR JOINT VOCATIONAL SCHOOL | 40460 |
| DISTRICTS | 40461 |
| (A) The Department of Education shall distribute funds within | 40462 |
| appropriation item 200-550, Foundation Funding, for transitional | 40463 |
| aid in each fiscal year to each joint vocational school district | 40464 |
| that experiences a decrease in its joint vocational funding for | 40465 |
| the current fiscal year from the previous fiscal year. The | 40466 |
| Department shall distribute to each such district transitional aid | 40467 |
| in an amount equal to the decrease in the district's joint | 40468 |
| vocational funding from the previous fiscal year. | 40469 |
| (B)(1) Subject to divisions (B)(2) and (3) of this section, a | 40470 |
| district's joint vocational funding equals the sum of the | 40471 |
| following: | 40472 |
| (a) Base-cost funding under division (B) of section 3317.16 | 40473 |
| of the Revised Code; | 40474 |
| (b) Special education and related services additional | 40475 |
| weighted funding under division (D)(1) of section 3317.16 of the | 40476 |
| Revised Code; | 40477 |
| (c) Speech services funding under division (D)(2) of section | 40478 |
| 3317.16 of the Revised Code; | 40479 |
| (d) Vocational education additional weighted funding under | 40480 |
| division (C) of section 3317.16 of the Revised Code; | 40481 |
|
(e) GRADS funding under division | 40482 |
| of the Revised Code; | 40483 |
| (f) The state aid guarantee under division (H) of section | 40484 |
| 3317.16 of the Revised Code. | 40485 |
|
(2) For purposes of calculating transitional aid | 40486 |
| fiscal year 2007, a district's fiscal year 2006 joint vocational | 40487 |
| funding is the sum of the amounts described in divisions (B)(1)(a) | 40488 |
| to | 40489 |
| district under this section, that the district actually received | 40490 |
| 40491 | |
| reconciliation of data by the Department. | 40492 |
|
(3) The joint vocational funding | 40493 |
| each district is the sum of the amounts specified in divisions | 40494 |
| (B)(1)(a) to (f) and (B)(2) of this section less any general | 40495 |
| revenue fund spending reductions ordered by the Governor under | 40496 |
| section 126.05 of the Revised Code. | 40497 |
| EMERGENCY LOAN INTEREST SUBSIDY | 40498 |
| The foregoing appropriation item 200-558, Emergency Loan | 40499 |
| Interest Subsidy, shall be used to provide a subsidy to school | 40500 |
| districts receiving emergency school loans pursuant to section | 40501 |
| 3313.484 of the Revised Code. The subsidy shall be used to pay | 40502 |
| these districts the difference between the amount of interest the | 40503 |
| district is paying on an emergency loan, and the interest that the | 40504 |
| district would have paid if the interest rate on the loan had been | 40505 |
| two per cent. | 40506 |
| Sec. 206.09.61. GENERAL REVENUE FUND TRANSFERS TO SCHOOL | 40507 |
| DISTRICT PROPERTY TAX REPLACEMENT – BUSINESS (FUND 047) | 40508 |
| Notwithstanding any provision of law to the contrary, in | 40509 |
| fiscal year 2006 and fiscal year 2007 the Director of Budget and | 40510 |
| Management | 40511 |
| 40512 | |
| 40513 | |
| Replacement – Business Fund (Fund 047) in the Department of | 40514 |
| Education | 40515 |
| make payments to reimburse school districts and joint vocational | 40516 |
| districts under section 5751.21 of the Revised Code. Also, in | 40517 |
| fiscal year 2006 and fiscal year 2007, the Director of Budget and | 40518 |
| Management may make temporary transfers to ensure sufficient | 40519 |
| balances in the School District Property Tax Replacement - | 40520 |
| Business Fund (Fund 047) and to replenish the General Revenue Fund | 40521 |
| for such transfers. | 40522 |
| Sec. 206.09.63. SCHOOL DISTRICT PROPERTY TAX REPLACEMENT - | 40523 |
| BUSINESS | 40524 |
| The foregoing appropriation item, 200-909, School District | 40525 |
| Property Tax Replacement – Business, in Fund 047, shall be used by | 40526 |
| the Department of Education, in consultation with the Department | 40527 |
| of Taxation, to make payments to school districts and joint | 40528 |
| vocational school districts under section 5751.21 of the Revised | 40529 |
| Code. If it is determined by the Director of Budget and Management | 40530 |
| that additional appropriations are necessary for this purpose, | 40531 |
| such amounts are hereby appropriated. | 40532 |
| SCHOOL DISTRICT PROPERTY TAX REPLACEMENT - UTILITY | 40533 |
| The foregoing appropriation item 200-900, School District | 40534 |
| Property Tax Replacement-Utility, in Fund 053, shall be used by | 40535 |
| the Department of Education, in consultation with the Department | 40536 |
| of Taxation, to make payments to school districts and joint | 40537 |
| vocational school districts under section 5727.85 of the Revised | 40538 |
| Code. | 40539 |
| * Sec. 206.09.66. DISTRIBUTION FORMULAS | 40540 |
| The Department of Education shall report the following to the | 40541 |
|
Director of Budget and Management | 40542 |
| 40543 |
| (A) Changes in formulas for distributing state | 40544 |
| appropriations, including administratively defined formula | 40545 |
| factors; | 40546 |
| (B) Discretionary changes in formulas for distributing | 40547 |
| federal appropriations; | 40548 |
| (C) Federally mandated changes in formulas for distributing | 40549 |
| federal appropriations. | 40550 |
| Any such changes shall be reported two weeks prior to the | 40551 |
| effective date of the change. | 40552 |
| Sec. 206.09.84. (A) As used in this section: | 40553 |
| (1) "Entitled to attend school" means entitled to attend | 40554 |
| school in a school district under section 3313.64 | 40555 |
| of the Revised Code. | 40556 |
| (2) "Formula ADM" and "category six special education ADM" | 40557 |
| have the same meanings as in section 3317.02 of the Revised Code. | 40558 |
| (3) "Individualized education program" has the same meaning | 40559 |
| as in section 3323.01 of the Revised Code. | 40560 |
| (4) "Parent" has the same meaning as in section 3313.64 of | 40561 |
| the Revised Code. | 40562 |
| (5) "Qualified special education child" is a child for whom | 40563 |
| all of the following conditions apply: | 40564 |
| (a) The school district in which the child is entitled to | 40565 |
| attend school has identified the child as autistic. A child who | 40566 |
| has been identified as having a "pervasive developmental disorder | 40567 |
| - not otherwise specified (PPD-NOS)" shall be considered to be an | 40568 |
| autistic child for purposes of this section. | 40569 |
| (b) The school district in which the child is entitled to | 40570 |
| attend school has developed an individualized education program | 40571 |
| under Chapter 3323. of the Revised Code for the child. | 40572 |
| (c) The child either: | 40573 |
| (i) Was enrolled in the school district in which the child is | 40574 |
| entitled to attend school in any grade from preschool through | 40575 |
| twelve in the school year prior to the year in which a scholarship | 40576 |
| under this section is first sought for the child; or | 40577 |
| (ii) Is eligible to enter school in any grade preschool | 40578 |
| through twelve in the school district in which the child is | 40579 |
| entitled to attend school in the school year in which a | 40580 |
| scholarship under this section is first sought for the child. | 40581 |
| (6) "Registered private provider" means a nonpublic school or | 40582 |
| other nonpublic entity that has been approved by the Department of | 40583 |
| Education to participate in the program established under this | 40584 |
| section. | 40585 |
| (B) There is hereby established the Pilot Project Special | 40586 |
| Education Scholarship Program. Under the program, in fiscal years | 40587 |
| 2006 and 2007, the Department of Education shall pay a scholarship | 40588 |
| to the parent of each qualified special education child upon | 40589 |
| application of that parent pursuant to procedures and deadlines | 40590 |
| established by rule of the State Board of Education. Each | 40591 |
| scholarship shall be used only to pay tuition for the child on | 40592 |
| whose behalf the scholarship is awarded to attend a special | 40593 |
| education program that implements the child's individualized | 40594 |
| education program and that is operated by a school district other | 40595 |
| than the school district in which the child is entitled to attend | 40596 |
| school, by another public entity, or by a registered private | 40597 |
| provider. Each scholarship shall be in an amount not to exceed the | 40598 |
| lesser of the tuition charged for the child by the special | 40599 |
| education program or twenty thousand dollars. The purpose of the | 40600 |
| scholarship is to permit the parent of a qualified special | 40601 |
| education child the choice to send the child to a special | 40602 |
| education program, instead of the one operated by or for the | 40603 |
| school district in which the child is entitled to attend school, | 40604 |
| to receive the services prescribed in the child's individualized | 40605 |
| education program once the individualized education program is | 40606 |
| finalized. A scholarship under this section shall not be awarded | 40607 |
| to the parent of a child while the child's individualized | 40608 |
| education program is being developed by the school district in | 40609 |
| which the child is entitled to attend school, or while any | 40610 |
| administrative or judicial mediation or proceedings with respect | 40611 |
| to the content of the child's individualized education program are | 40612 |
| pending. A scholarship under this section shall not be used for a | 40613 |
| child to attend a public special education program that operates | 40614 |
| under a contract, compact, or other bilateral agreement between | 40615 |
| the school district in which the child is entitled to attend | 40616 |
| school and another school district or other public provider, or | 40617 |
| for a child to attend a community school established under Chapter | 40618 |
| 3314. of the Revised Code. However, nothing in this section or in | 40619 |
| any rule adopted by the State Board of Education shall prohibit a | 40620 |
| parent whose child attends a public special education program | 40621 |
| under a contract, compact, or other bilateral agreement, or a | 40622 |
| parent whose child attends a community school, from applying for | 40623 |
| and accepting a scholarship under this section so that the parent | 40624 |
| may withdraw the child from that program or community school and | 40625 |
| use the scholarship for the child to attend a special education | 40626 |
| program for which the parent is required to pay for services for | 40627 |
| the child. A child attending a special education program with a | 40628 |
| scholarship under this section shall continue to be entitled to | 40629 |
| transportation to and from that program in the manner prescribed | 40630 |
| by law. | 40631 |
| (C)(1) Notwithstanding anything to the contrary in the | 40632 |
| Revised Code, a child for whom a scholarship is awarded under this | 40633 |
| section shall be counted in the formula ADM and the category six | 40634 |
| special education ADM of the district in which the child is | 40635 |
| entitled to attend school and not in the formula ADM and the | 40636 |
| category six special education ADM of any other school district. | 40637 |
| (2) In each fiscal year, the Department shall deduct from the | 40638 |
| amounts paid to each school district under Chapter 3317. of the | 40639 |
| Revised Code, and, if necessary, sections 321.24 and 323.156 of | 40640 |
| the Revised Code, the aggregate amount of scholarships awarded | 40641 |
| under this section for qualified special education children | 40642 |
| included in the formula ADM and category six special education ADM | 40643 |
| of that school district as provided in division (C)(1) of this | 40644 |
| section. The scholarships deducted shall be considered as an | 40645 |
| approved special education and related services expense for the | 40646 |
| purpose of the school district's compliance with division (C)(5) | 40647 |
| of section 3317.022 of the Revised Code. | 40648 |
| (3) From time to time, the Department shall make a payment to | 40649 |
| the parent of each qualified special education child for whom a | 40650 |
| scholarship has been awarded under this section. The scholarship | 40651 |
| amount shall be proportionately reduced in the case of any such | 40652 |
| child who is not enrolled in the special education program for | 40653 |
| which a scholarship was awarded under this section for the entire | 40654 |
| school year. The Department shall make no payments to the parent | 40655 |
| of a child while any administrative or judicial mediation or | 40656 |
| proceedings with respect to the content of the child's | 40657 |
| individualized education program are pending. | 40658 |
| (D) A scholarship shall not be paid to a parent for payment | 40659 |
| of tuition owed to a nonpublic entity unless that entity is a | 40660 |
| registered private provider. The Department shall approve entities | 40661 |
| that meet the standards established by rule of the State Board for | 40662 |
| the program established under this section. | 40663 |
| (E) The State Board shall adopt rules under Chapter 119. of | 40664 |
| the Revised Code prescribing procedures necessary to implement | 40665 |
| this section, including, but not limited to, procedures and | 40666 |
| deadlines for parents to apply for scholarships, standards for | 40667 |
| registered private providers, and procedures for approval of | 40668 |
| entities as registered private providers. The Board shall adopt | 40669 |
| the rules so that the program established under this section is | 40670 |
| operational by January 1, 2004. | 40671 |
| Sec. 206.16. FUN STATE BOARD OF EMBALMERS AND FUNERAL | 40672 |
| DIRECTORS | 40673 |
| General Services Fund Group | 40674 |
| 4K9 | 881-609 | Operating Expenses | $ | 598,933 | $ | 40675 | |||||
| TOTAL GSF General Services | 40676 | ||||||||||
| Fund Group | $ | 598,933 | $ | 40677 | |||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 598,933 | $ | 40678 | |||||||
| Sec. 206.42. DOH DEPARTMENT OF HEALTH | 40680 |
| General Revenue Fund | 40681 |
| GRF | 440-407 | Animal Borne Disease and Prevention | $ | 2,452,101 | $ | 2,452,101 | 40682 | ||||
| GRF | 440-412 | Cancer Incidence Surveillance System | $ | 1,002,619 | $ | 1,002,619 | 40683 | ||||
| GRF | 440-413 | Local Health Department Support | $ | 3,786,794 | $ | 3,786,794 | 40684 | ||||
| GRF | 440-416 | Child and Family Health Services | $ | 9,682,874 | $ | 9,582,874 | 40685 | ||||
| GRF | 440-418 | Immunizations | $ | 8,600,615 | $ | 9,400,615 | 40686 | ||||
| GRF | 440-431 | Free Clinic Liability Insurance | $ | 275,000 | $ | 325,000 | 40687 | ||||
| GRF | 440-444 | AIDS Prevention and Treatment | $ | 7,158,127 | $ | 7,158,127 | 40688 | ||||
| GRF | 440-446 | Infectious Disease Prevention | $ | 200,000 | $ | 200,000 | 40689 | ||||
| GRF | 440-451 | Lab and Public Health Prevention Programs | $ | 6,085,250 | $ | 6,085,250 | 40690 | ||||
| GRF | 440-452 | Child and Family Health Services Match | $ | 1,024,017 | $ | 1,024,017 | 40691 | ||||
| GRF | 440-453 | Health Care Quality Assurance | $ | 10,253,728 | $ | 10,253,728 | 40692 | ||||
| GRF | 440-454 | Local Environmental Health | $ | 889,752 | $ | 889,752 | 40693 | ||||
| GRF | 440-459 | Help Me Grow | $ | 9,323,797 | $ | 9,323,797 | 40694 | ||||
| GRF | 440-461 | Center for Vital and Health Stats | $ | 3,629,535 | $ | 3,629,535 | 40695 | ||||
| GRF | 440-505 | Medically Handicapped Children | $ | 9,591,784 | $ | 8,791,784 | 40696 | ||||
| GRF | 440-507 | Targeted Health Care Services Over 21 | $ | $ | 40697 | ||||||
| 1,581,023 | 1,681,023 | 40698 | |||||||||
| TOTAL GRF General Revenue Fund | $ | $ | 40699 | ||||||||
| 75,537,016 | 75,587,016 | 40700 | |||||||||
| General Services Fund Group | 40701 |
| 142 | 440-618 | Agency Health Services | $ | 2,461,915 | $ | 2,561,915 | 40702 | ||||
| 211 | 440-613 | Central Support Indirect Costs | $ | 26,584,707 | $ | 26,584,707 | 40703 | ||||
| 473 | 440-622 | Lab Operating Expenses | $ | 4,154,045 | $ | 4,154,045 | 40704 | ||||
| 683 | 440-633 | Employee Assistance Program | $ | 1,208,214 | $ | 1,208,214 | 40705 | ||||
| 698 | 440-634 | Nurse Aide Training | $ | 170,000 | $ | 170,000 | 40706 | ||||
| TOTAL GSF General Services | 40707 | ||||||||||
| Fund Group | $ | 34,578,881 | $ | 34,678,881 | 40708 | ||||||
| Federal Special Revenue Fund Group | 40709 |
| 320 | 440-601 | Maternal Child Health Block Grant | $ | 28,779,322 | $ | 29,025,635 | 40710 | ||||
| 387 | 440-602 | Preventive Health Block Grant | $ | 7,755,005 | $ | 7,826,659 | 40711 | ||||
| 389 | 440-604 | Women, Infants, and Children | $ | 219,920,083 | $ | 230,077,451 | 40712 | ||||
| 391 | 440-606 | Medicaid/Medicare | $ | 24,211,198 | $ | 24,850,959 | 40713 | ||||
| 392 | 440-618 | Federal Public Health Programs | $ | 126,678,202 | $ | 127,677,458 | 40714 | ||||
| TOTAL FED Federal Special Revenue | 40715 | ||||||||||
| Fund Group | $ | 407,343,810 | $ | 419,458,162 | 40716 | ||||||
| State Special Revenue Fund Group | 40717 |
| 4D6 | 440-608 | Genetics Services | $ | 2,617,000 | $ | 2,617,000 | 40718 | ||||
| 4F9 | 440-610 | Sickle Cell Disease Control | $ | 1,035,344 | $ | 1,035,344 | 40719 | ||||
| 4G0 | 440-636 | Heirloom Birth Certificate | $ | 5,000 | $ | 5,000 | 40720 | ||||
| 4G0 | 440-637 | Birth Certificate Surcharge | $ | 5,000 | $ | 5,000 | 40721 | ||||
| 4L3 | 440-609 | Non-Governmental Grants and Awards | $ | 144,119 | $ | 144,119 | 40722 | ||||
| 4T4 | 440-603 | Child Highway Safety | $ | 233,894 | $ | 233,894 | 40723 | ||||
| 4V6 | 440-641 | Save Our Sight | $ | 1,767,994 | $ | 1,767,994 | 40724 | ||||
| 470 | 440-618 | Fee Supported Programs | $ | 16,025,194 | $ | 16,025,194 | 40725 | ||||
| 471 | 440-619 | Certificate of Need | $ | 581,572 | $ | 594,572 | 40726 | ||||
| 477 | 440-627 | Medically Handicapped Children Audit | $ | 3,800,000 | $ | 3,693,016 | 40727 | ||||
| 5BL | 440-638 | Healthy Ohioans | $ | 5,000,000 | $ | 0 | 40728 | ||||
| 5B5 | 440-616 | Quality, Monitoring, and Inspection | $ | 838,479 | $ | 838,479 | 40729 | ||||
| 5CB | 440-640 | Poison Control Centers | $ | 200,000 | $ | 200,000 | 40730 | ||||
| 5C0 | 440-615 | Alcohol Testing and Permit | $ | 1,455,405 | $ | 1,455,405 | 40731 | ||||
| 5D6 | 440-620 | Second Chance Trust | $ | 1,054,951 | $ | 1,054,951 | 40732 | ||||
| 5G4 | 440-639 | Adoption Services | $ | 20,000 | $ | 20,000 | 40733 | ||||
| 5L1 | 440-623 | Nursing Facility Technical Assistance Program | $ | 617,517 | $ | 617,517 | 40734 | ||||
| 610 | 440-626 | Radiation Emergency Response | $ | 850,000 | $ | 850,000 | 40735 | ||||
| 666 | 440-607 | Medically Handicapped Children - County Assessments | $ | 14,320,687 | $ | 14,320,687 | 40736 | ||||
| TOTAL SSR State Special Revenue | 40737 | ||||||||||
| Fund Group | $ | 50,572,156 | $ | 45,478,172 | 40738 | ||||||
| Holding Account Redistribution Fund Group | 40739 |
| R14 | 440-631 | Vital Statistics | $ | 70,000 | $ | 70,000 | 40740 | ||||
| R48 | 440-625 | Refunds, Grants Reconciliation, and Audit Settlements | $ | 20,000 | $ | 20,000 | 40741 | ||||
| TOTAL 090 Holding Account | 40742 | ||||||||||
| Redistribution Fund Group | $ | 90,000 | $ | 90,000 | 40743 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | $ | 40744 | ||||||||
| 568,121,863 | 575,292,231 | 40745 | |||||||||
| Sec. 206.42.09. IMMUNIZATIONS | 40747 |
| Of the foregoing appropriation item 440-418, Immunizations, | 40748 |
| $800,000 in fiscal year 2007 shall be used for the purchase of | 40749 |
| varicella vaccines. | 40750 |
| FREE CLINIC LIABILITY INSURANCE | 40751 |
| Of the foregoing appropriation item 440-431, Free Clinic | 40752 |
| Liability Insurance, up to $20,000 in each fiscal year may be used | 40753 |
| by the Department of Health for administrative expenses related to | 40754 |
| the Medical Liability Insurance Reimbursement Program. The | 40755 |
| remainder in each fiscal year shall be used to pay for medical | 40756 |
| liability insurance for free clinics, including the clinics' staff | 40757 |
| and volunteer health care professionals and volunteer health care | 40758 |
| workers. The necessity and feasibility of the program shall be | 40759 |
| reviewed as part of the next biennial budget. | 40760 |
| HIV/AIDS PREVENTION/TREATMENT | 40761 |
| Of the foregoing appropriation item 440-444, AIDS Prevention | 40762 |
| and Treatment, not more than $6.7 million per fiscal year shall be | 40763 |
| used to assist persons with HIV/AIDS in acquiring HIV-related | 40764 |
| medications. | 40765 |
| INFECTIOUS DISEASE PREVENTION | 40766 |
| The foregoing appropriation item 440-446, Infectious Disease | 40767 |
| Prevention, shall be used for the purchase of drugs for sexually | 40768 |
| transmitted diseases. | 40769 |
| HELP ME GROW | 40770 |
| The foregoing appropriation item 440-459, Help Me Grow, shall | 40771 |
| be used by the Department of Health to distribute subsidies to | 40772 |
| counties to implement the Help Me Grow Program. Appropriation item | 40773 |
| 440-459, Help Me Grow, may be used in conjunction with Temporary | 40774 |
| Assistance for Needy Families from the Department of Job and | 40775 |
| Family Services, Early Intervention funding from the Department of | 40776 |
| Mental Retardation and Developmental Disabilities, and in | 40777 |
| conjunction with other early childhood funds and services to | 40778 |
| promote the optimal development of young children. Local contracts | 40779 |
| shall be developed between local departments of job and family | 40780 |
| services and family and children first councils for the | 40781 |
| administration of TANF funding for the Help Me Grow Program. The | 40782 |
| Department of Health shall enter into an interagency agreement | 40783 |
| with the Department of Education, Department of Mental Retardation | 40784 |
| and Developmental Disabilities, Department of Job and Family | 40785 |
| Services, and Department of Mental Health to ensure that all early | 40786 |
| childhood programs and initiatives are coordinated and school | 40787 |
| linked. | 40788 |
| TARGETED HEALTH CARE SERVICES OVER 21 | 40789 |
| In each fiscal year, of the foregoing appropriation item | 40790 |
| 440-507, Targeted Health Care Services Over 21, $731,023 shall be | 40791 |
| used to administer the cystic fibrosis program and implement the | 40792 |
| Hemophilia Insurance Premium Payment Program. | 40793 |
| Of the foregoing appropriation item 440-507, Targeted Health | 40794 |
| Care Services Over 21, | 40795 |
| $950,000 in | 40796 |
| essential medications and to pay the copayments for drugs approved | 40797 |
| by the Department of Health and covered by Medicare Part D that | 40798 |
| are dispensed to Bureau for Children with Medical Handicaps (BCMH) | 40799 |
| participants, in accordance with the section of this act entitled | 40800 |
| "BCMH - MEDICARE PART D COPAYMENTS" for the cystic fibrosis | 40801 |
| program. | 40802 |
| MATERNAL CHILD HEALTH BLOCK GRANT | 40803 |
| Of the foregoing appropriation item 440-601, Maternal Child | 40804 |
| Health Block Grant (Fund 320), $2,091,299 shall be used in each | 40805 |
| fiscal year for the purposes of abstinence-only education. The | 40806 |
| Director of Health shall develop guidelines for the establishment | 40807 |
| of abstinence programs for teenagers with the purpose of | 40808 |
| decreasing unplanned pregnancies and abortion. The guidelines | 40809 |
| shall be developed under Title V of the "Social Security Act," 42 | 40810 |
| U.S.C. 510, and shall include, but are not limited to, advertising | 40811 |
| campaigns and direct training in schools and other locations. | 40812 |
| GENETICS SERVICES | 40813 |
| The foregoing appropriation item 440-608, Genetics Services | 40814 |
| (Fund 4D6), shall be used by the Department of Health to | 40815 |
| administer programs authorized by sections 3701.501 and 3701.502 | 40816 |
| of the Revised Code. None of these funds shall be used to counsel | 40817 |
| or refer for abortion, except in the case of a medical emergency. | 40818 |
| SAFETY AND QUALITY OF CARE STANDARDS | 40819 |
| The Department of Health may use Fund 471, Certificate of | 40820 |
| Need, for administering sections 3702.11 to 3702.20 and 3702.30 of | 40821 |
| the Revised Code in each fiscal year. | 40822 |
| MEDICALLY HANDICAPPED CHILDREN AUDIT | 40823 |
| The Medically Handicapped Children Audit Fund (Fund 477) | 40824 |
| shall receive revenue from audits of hospitals and recoveries from | 40825 |
| third-party payers. Moneys may be expended for payment of audit | 40826 |
| settlements and for costs directly related to obtaining recoveries | 40827 |
| from third-party payers and for encouraging Medically Handicapped | 40828 |
| Children's Program recipients to apply for third-party benefits. | 40829 |
| Moneys also may be expended for payments for diagnostic and | 40830 |
| treatment services on behalf of medically handicapped children, as | 40831 |
| defined in division (A) of section 3701.022 of the Revised Code, | 40832 |
| and Ohio residents who are twenty-one or more years of age and who | 40833 |
| are suffering from cystic fibrosis or hemophilia. Moneys may also | 40834 |
| be expended for administrative expenses incurred in operating the | 40835 |
| Medically Handicapped Children's Program. | 40836 |
| CASH TRANSFER FROM LIQUOR CONTROL FUND TO ALCOHOL TESTING AND | 40837 |
| PERMIT FUND | 40838 |
| The Director of Budget and Management, pursuant to a plan | 40839 |
| submitted by the Department of Health, or as otherwise determined | 40840 |
| by the Director of Budget and Management, shall set a schedule to | 40841 |
| transfer cash from the Liquor Control Fund (Fund 043) to the | 40842 |
| Alcohol Testing and Permit Fund (Fund 5C0) to meet the operating | 40843 |
| needs of the Alcohol Testing and Permit program. | 40844 |
| The Director of Budget and Management shall transfer to the | 40845 |
| Alcohol Testing and Permit Fund (Fund 5C0) from the Liquor Control | 40846 |
| Fund (Fund 043) created in section 4301.12 of the Revised Code | 40847 |
| such amounts at such times as determined by the transfer schedule. | 40848 |
| MEDICALLY HANDICAPPED CHILDREN - COUNTY ASSESSMENTS | 40849 |
| The foregoing appropriation item 440-607, Medically | 40850 |
| Handicapped Children - County Assessments (Fund 666), shall be | 40851 |
| used to make payments under division (E) of section 3701.023 of | 40852 |
| the Revised Code. | 40853 |
| Sec. 206.48. SPA COMMISSION ON HISPANIC/LATINO AFFAIRS | 40854 |
| General Revenue Fund | 40855 |
| GRF | 148-100 | Personal Services | $ | 145,880 | $ | 145,880 | 40856 | ||||
| GRF | 148-200 | Maintenance | $ | 35,901 | $ | 35,901 | 40857 | ||||
| TOTAL GRF General Revenue Fund | $ | 181,781 | $ | 181,781 | 40858 | ||||||
| General Services Fund Group | 40859 |
| 601 | 148-602 | Gifts and Miscellaneous | $ | 20,000 | $ | 20,000 | 40860 | ||||
| TOTAL GSF General Services | 40861 | ||||||||||
| Fund Group | $ | 20,000 | $ | 20,000 | 40862 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 201,781 | $ | 201,781 | 40863 | ||||||
| GRF TRANSFER TO FUND 601, GIFTS AND MISCELLANEOUS | 40864 |
| Prior to June 30, 2006, the Director of Budget and Management | 40865 |
| may transfer $5,850 in cash from the General Revenue Fund to Fund | 40866 |
| 601, Gifts and Miscellaneous Fund. | 40867 |
| Sec. 206.66. JFS DEPARTMENT OF JOB AND FAMILY SERVICES | 40868 |
| General Revenue Fund | 40869 |
| GRF | 600-321 | Support Services | 40870 | ||||||||
| State | $ | 63,797,907 | $ | 60,565,397 | 40871 | ||||||
| Federal | $ | 8,114,493 | $ | 8,454,541 | 40872 | ||||||
| Support Services Total | $ | 71,912,400 | $ | 69,019,938 | 40873 | ||||||
| GRF | 600-410 | TANF State | $ | 272,619,061 | $ | 272,619,061 | 40874 | ||||
| GRF | 600-413 | Child Care Match/Maintenance of Effort | $ | 84,120,596 | $ | 84,120,596 | 40875 | ||||
| GRF | 600-416 | Computer Projects | 40876 | ||||||||
| State | $ | 114,516,710 | $ | 117,226,021 | 40877 | ||||||
| Federal | $ | 37,579,198 | $ | 34,255,465 | 40878 | ||||||
| Computer Projects Total | $ | 152,095,908 | $ | 151,481,486 | 40879 | ||||||
| GRF | 600-420 | Child Support Administration | $ | 5,091,446 | $ | 5,091,446 | 40880 | ||||
| GRF | 600-421 | Office of Family Stability | $ | 4,864,932 | $ | 4,864,932 | 40881 | ||||
| GRF | 600-423 | Office of Children and Families | $ | 5,408,020 | $ | 5,431,690 | 40882 | ||||
| GRF | 600-425 | Office of Ohio Health Plans | 40883 | ||||||||
| State | $ | 24,803,631 | $ | 24,054,873 | 40884 | ||||||
| Federal | $ | 26,539,544 | $ | 25,810,409 | 40885 | ||||||
| Office of Ohio Health Plans Total | $ | 51,343,175 | $ | 49,865,282 | 40886 | ||||||
| GRF | 600-502 | Child Support Match | $ | 16,814,103 | $ | 16,814,103 | 40887 | ||||
| GRF | 600-511 | Disability Financial Assistance | $ | 22,839,371 | $ | 22,839,371 | 40888 | ||||
| GRF | 600-512 | Non-TANF Disaster Assistance | $ | 1,000,000 | $ | 1,000,000 | 40889 | ||||
| GRF | 600-513 | Disability Medical Assistance | $ | $ | 40890 | ||||||
| GRF | 600-521 | Entitlement Administration - Local | $ | 151,206,401 | $ | 151,206,401 | 40891 | ||||
| GRF | 600-523 | Children and Families Subsidy | $ | 69,438,543 | $ | 69,438,543 | 40892 | ||||
| GRF | 600-525 | Health Care/Medicaid | 40893 | ||||||||
| State | $ | $ | 40894 | ||||||||
| Federal | $ | $ | 40895 | ||||||||
| Health Care Total | $ | $ | 40896 | ||||||||
| GRF | 600-526 | Medicare Part D | $ | 155,349,266 | $ | 339,578,325 | 40897 | ||||
| GRF | 600-528 | Adoption Services | 40898 | ||||||||
| State | $ | 33,698,298 | $ | 35,516,130 | 40899 | ||||||
| Federal | $ | 40,331,807 | $ | 43,022,485 | 40900 | ||||||
| Adoption Services Total | $ | 74,030,105 | $ | 78,538,615 | 40901 | ||||||
| GRF | 600-529 | Capital Compensation Program | $ | $10,000,000 | $ | 0 | 40902 | ||||
| TOTAL GRF General Revenue Fund | 40903 | ||||||||||
| State | $ | $ | 40904 | ||||||||
| Federal | $ | $ | 40905 | ||||||||
| GRF Total | $ | $ | 40906 | ||||||||
| General Services Fund Group | 40907 |
| 4A8 | 600-658 | Child Support Collections | $ | 26,680,794 | $ | 26,680,794 | 40908 | ||||
| 4R4 | 600-665 | BCII Services/Fees | $ | 36,974 | $ | 36,974 | 40909 | ||||
| 5C9 | 600-671 | Medicaid Program Support | $ | 73,015,021 | $ | 63,947,536 | 40910 | ||||
| 5N1 | 600-677 | County Technologies | $ | 1,000,000 | $ | 1,000,000 | 40911 | ||||
| 613 | 600-645 | Training Activities | $ | 135,000 | $ | 135,000 | 40912 | ||||
| TOTAL GSF General Services | 40913 | ||||||||||
| Fund Group | $ | 100,867,789 | $ | 91,800,304 | 40914 | ||||||
| Federal Special Revenue Fund Group | 40915 |
| 3AW | 600-675 | Faith Based Initiatives | $ | 750,000 | $ | 750,000 | 40916 | ||||
| 3A2 | 600-641 | Emergency Food Distribution | $ | 2,600,000 | $ | 2,800,000 | 40917 | ||||
| 600-635 | Children's Hospitals - Federal | $ | 9,000,000 | $ | 9,000,000 | 40918 | |||||
| 3D3 | 600-648 | Children's Trust Fund Federal | $ | 2,040,524 | $ | 2,040,524 | 40919 | ||||
| 3F0 | 600-623 | Health Care Federal | $ | 616,011,784 | $ | 40920 | |||||
| 3F0 | 600-650 | Hospital Care Assurance Match | $ | 343,239,047 | $ | 343,239,047 | 40921 | ||||
| 3G5 | 600-655 | Interagency Reimbursement | $ | 1,364,802,369 | $ | 1,426,954,440 | 40922 | ||||
| 3H7 | 600-617 | Child Care Federal | $ | 208,000,000 | $ | 208,000,000 | 40923 | ||||
| 3N0 | 600-628 | IV-E Foster Care Maintenance | $ | 153,963,142 | $ | 153,963,142 | 40924 | ||||
| 3S5 | 600-622 | Child Support Projects | $ | 534,050 | $ | 534,050 | 40925 | ||||
| 3V0 | 600-688 | Workforce Investment Act | $ | 208,322,037 | $ | 208,097,948 | 40926 | ||||
| 3V4 | 600-678 | Federal Unemployment Programs | $ | 153,435,545 | $ | 157,202,750 | 40927 | ||||
| 3V4 | 600-679 | Unemployment Compensation Review Commission - Federal | $ | 3,829,430 | $ | 3,800,573 | 40928 | ||||
| 3V6 | 600-689 | TANF Block Grant | $ | 767,104,142 | $ | 792,483,200 | 40929 | ||||
| 3W3 | 600-659 | TANF/Title XX Transfer | $ | 8,000,000 | $ | 5,400,000 | 40930 | ||||
| 327 | 600-606 | Child Welfare | $ | 33,160,190 | $ | 33,090,786 | 40931 | ||||
| 331 | 600-686 | Federal Operating | $ | 43,966,134 | $ | 44,929,546 | 40932 | ||||
| 384 | 600-610 | Food Stamps and State Administration | $ | 188,238,706 | $ | 181,250,799 | 40933 | ||||
| 385 | 600-614 | Refugee Services | $ | 6,083,829 | $ | 6,542,439 | 40934 | ||||
| 395 | 600-616 | Special Activities/Child and Family Services | $ | 4,567,112 | $ | 4,564,877 | 40935 | ||||
| 396 | 600-620 | Social Services Block Grant | $ | 120,993,012 | $ | 121,004,222 | 40936 | ||||
| 397 | 600-626 | Child Support | $ | 287,468,576 | $ | 287,468,576 | 40937 | ||||
| 398 | 600-627 | Adoption Maintenance/ Administration | $ | 314,639,519 | $ | 314,639,519 | 40938 | ||||
| TOTAL FED Federal Special Revenue | 40939 | ||||||||||
| Fund Group | $ | 4,840,749,148 | $ | 40940 | |||||||
| State Special Revenue Fund Group | 40941 |
| 198 | 600-647 | Children's Trust Fund | $ | 6,788,522 | $ | 6,788,522 | 40942 | ||||
| 4A9 | 600-607 | Unemployment Compensation Administration Fund | $ | 10,811,527 | $ | 10,811,527 | 40943 | ||||
| 4A9 | 600-694 | Unemployment Compensation Review Commission | $ | 3,188,473 | $ | 3,188,473 | 40944 | ||||
| 4E3 | 600-605 | Nursing Home Assessments | $ | 4,759,914 | $ | 4,759,914 | 40945 | ||||
| 4E7 | 600-604 | Child and Family Services Collections | $ | 1,237,500 | $ | 300,000 | 40946 | ||||
| 4F1 | 600-609 | Foundation Grants/Child and Family Services | $ | 61,420 | $ | 61,420 | 40947 | ||||
| 4J5 | 600-613 | Nursing Facility Bed Assessments | $ | 34,613,984 | $ | 34,613,984 | 40948 | ||||
| 4J5 | 600-618 | Residential State Supplement Payments | $ | 15,700,000 | $ | 15,700,000 | 40949 | ||||
| 4K1 | 600-621 | ICF/MR Bed Assessments | $ | 20,074,255 | $ | 20,064,131 | 40950 | ||||
| 4R3 | 600-687 | Banking Fees | $ | 800,000 | $ | 800,000 | 40951 | ||||
| 4Z1 | 600-625 | HealthCare Compliance | $ | 10,000,000 | $ | 10,000,000 | 40952 | ||||
| 5AA | 600-673 | Ohio's Best Rx Administration | $ | 5,000,000 | $ | 5,000,000 | 40953 | ||||
| 5AX | 600-697 | Public Assistance Reconciliation | $ | 60,000,000 | $ | 0 | 40954 | ||||
| 5BE | 600-693 | Child Support Operating | $ | 5,000,000 | $ | 5,000,000 | 40955 | ||||
| 5BG | 600-653 | Managed Care Assessment | $ | 18,795,483 | $ | 99,410,121 | 40956 | ||||
| 5CR | 600-636 | Children's Hospitals - State | $ | 6,000,000 | $ | 6,000,000 | 40957 | ||||
| 5DB | 600-637 | Military Injury Grants | $ | 0 | $ | 2,000,000 | 40958 | ||||
| 5DL | 600-639 | Medicaid Revenue and Collections | $ | 0 | $ | 56,927,358 | 40959 | ||||
| 5F2 | 600-667 | Building Consolidation | $ | 250,000 | $ | 250,000 | 40960 | ||||
| 5F3 | 600-668 | Building Consolidation | $ | 1,000,000 | $ | 1,000,000 | 40961 | ||||
| 5P5 | 600-692 | $ | 828,587,776 | $ | 40962 | ||||||
| 5Q9 | 600-619 | Supplemental Inpatient Hospital Payments | $ | 56,125,998 | $ | 56,125,998 | 40963 | ||||
| 5R2 | 600-608 | Medicaid-Nursing Facilities | $ | 160,192,055 | $ | 176,63 2,090 | 40964 | ||||
| 5S3 | 600-629 | MR/DD Medicaid Administration and Oversight | $ | 1,620,960 | $ | 1,620,960 | 40965 | ||||
| 5U3 | 600-654 | Health Care Services Administration | $ | 10,115,870 | $ | 15,474,709 | 40966 | ||||
| 5U6 | 600-663 | Children and Family Support | $ | 4,929,717 | $ | 4,929,717 | 40967 | ||||
| 5Z9 | 600-672 | TANF Quality Control Reinvestments | $ | 647,409 | $ | 688,421 | 40968 | ||||
| 651 | 600-649 | Hospital Care Assurance Program Fund | $ | 231,893,404 | $ | 231,893,404 | 40969 | ||||
| TOTAL SSR State Special Revenue | 40970 | ||||||||||
| Fund Group | $ | 1,498,194,267 | $ | 40971 | |||||||
| Agency Fund Group | 40972 |
| 192 | 600-646 | Support Intercept - Federal | $ | 110,000,000 | $ | 110,000,000 | 40973 | ||||
| 5B6 | 600-601 | Food Stamp Intercept | $ | 2,000,000 | $ | 2,000,000 | 40974 | ||||
| 583 | 600-642 | Support Intercept - State | $ | 16,000,000 | $ | 16,000,000 | 40975 | ||||
| TOTAL AGY Agency Fund Group | $ | 128,000,000 | $ | 128,000,000 | 40976 | ||||||
| Holding Account Redistribution Fund Group | 40977 |
| R12 | 600-643 | Refunds and Audit Settlements | $ | 3,600,000 | $ | 3,600,000 | 40978 | ||||
| R13 | 600-644 | Forgery Collections | $ | 10,000 | $ | 10,000 | 40979 | ||||
| TOTAL 090 Holding Account Redistribution Fund Group | $ | 3,610,000 | $ | 3,610,000 | 40980 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | |
$ | 40981 | |||||||
| MEDICAID REVENUE AND COLLECTIONS - STATE | 40982 |
| The foregoing appropriation item 600-639, Medicaid Revenue | 40983 |
| and Collections, shall be used by the Department of Job and Family | 40984 |
| Services to pay for Medicaid services and contracts. | 40985 |
| Sec. 206.66.22. FISCAL YEAR 2006 MEDICAID REIMBURSEMENT | 40986 |
| SYSTEM FOR NURSING FACILITIES | 40987 |
| (A) As used in this section: | 40988 |
| "2003 cost report" means a complete and adequate Medicaid | 40989 |
| cost report covering calendar year 2003 filed with the Department | 40990 |
| of Job and Family Services under section 5111.26 of the Revised | 40991 |
| Code. | 40992 |
| "Change of operator," "entering operator," and "exiting | 40993 |
| operator" have the same meanings as in section 5111.65 of the | 40994 |
| Revised Code. | 40995 |
| "Franchise permit fee" means the fee imposed by sections | 40996 |
| 3721.50 to 3721.58 of the Revised Code. | 40997 |
|
"Nursing facility" and "provider" have the same | 40998 |
| meanings as in section 5111.20 of the Revised Code. | 40999 |
| "Nursing facility services" means nursing facility services | 41000 |
| covered by the Medicaid program that a nursing facility provides | 41001 |
| to a resident of the nursing facility who is a Medicaid recipient | 41002 |
| eligible for Medicaid-covered nursing facility services. | 41003 |
| "Reviewable activity" has the same meaning as in section | 41004 |
| 3702.51 of the Revised Code. | 41005 |
| (B) Except as otherwise provided in this section, the | 41006 |
| provider of a nursing facility that has a valid Medicaid provider | 41007 |
| agreement on June 30, 2005, and a valid Medicaid provider | 41008 |
| agreement for fiscal year 2006 shall be paid, for nursing facility | 41009 |
| services the nursing facility provides during fiscal year 2006, | 41010 |
| the sum of the following: | 41011 |
| (1) The rate the provider is paid for nursing facility | 41012 |
| services the nursing facility provides on June 30, 2005; | 41013 |
| (2) Unless the nursing facility is exempt from paying the | 41014 |
| franchise permit fee, one dollar and ninety-five cents. | 41015 |
| (C) If a nursing facility undergoes a change of operator on | 41016 |
| July 1, 2005, the entering operator shall be paid, for nursing | 41017 |
| facility services the nursing facility provides during fiscal year | 41018 |
| 2006, the rate paid to the exiting operator for nursing facility | 41019 |
| services that the nursing facility provided on June 30, 2005, | 41020 |
| plus, if the entering operator pays the franchise permit fee, one | 41021 |
| dollar and ninety-five cents. If a nursing facility undergoes a | 41022 |
| change of operator during the period beginning July 2, 2005, and | 41023 |
| ending June 30, 2006, the entering operator shall be paid, for | 41024 |
| nursing facility services the nursing facility provides during the | 41025 |
| period beginning on the effective date of the change of operator | 41026 |
| and ending June 30, 2006, the rate paid to the exiting operator | 41027 |
| for nursing facility services that the nursing facility provided | 41028 |
| on the day immediately before the effective date of the change of | 41029 |
| operator. | 41030 |
| (D) If, during fiscal year 2006, a nursing facility obtains | 41031 |
| certification as a nursing facility from the Director of Health | 41032 |
| and begins participation in the Medicaid program, the provider of | 41033 |
| the nursing facility shall be paid, for nursing facility services | 41034 |
| the nursing facility provides during the period beginning on the | 41035 |
| date the nursing facility begins participation in the Medicaid | 41036 |
| program and ending June 30, 2006, a rate that is the median of all | 41037 |
| rates paid to providers of nursing facilities on July 1, 2005. | 41038 |
|
(E) If, during fiscal year | 41039 |
| certified beds are added to a nursing facility with a valid | 41040 |
| Medicaid provider agreement for fiscal year 2006, the provider of | 41041 |
| the nursing facility shall be paid a rate for the new beds that is | 41042 |
| the same as the nursing facility's rate for the Medicaid certified | 41043 |
| beds that are in the nursing facility on the day before the new | 41044 |
| beds are added. | 41045 |
| (F) If the United States Centers for Medicare and Medicaid | 41046 |
| Services requires that the franchise permit fee be reduced or | 41047 |
| eliminated, the Department of Job and Family Services shall reduce | 41048 |
| the amount it pays providers of nursing facilities under this | 41049 |
| section as necessary to reflect the loss to the state of the | 41050 |
| revenue and federal financial participation generated from the | 41051 |
| franchise permit fee. | 41052 |
| (G) | 41053 |
| section shall not be subject to any adjustments except | 41054 |
| | 41055 |
| nursing facility's 2003 cost report may be applied to a rate | 41056 |
| established under this section for the nursing facility not later | 41057 |
| than three years after the first day of the fiscal year for which | 41058 |
| the rate is established. | 41059 |
| | 41060 |
| 41061 | |
| 41062 | |
| 41063 | |
| 41064 |
| | 41065 |
| 41066 | |
| 41067 |
| | 41068 |
| 41069 | |
| 41070 | |
| 41071 |
| | 41072 |
| 41073 | |
| 41074 | |
| 41075 |
| (H) The Department of Job and Family Services shall follow | 41076 |
| this section in determining the rate to be paid to the provider of | 41077 |
| a nursing facility under the Medicaid program for nursing facility | 41078 |
| services provided during fiscal year 2006 notwithstanding anything | 41079 |
| to the contrary in sections 5111.20 to 5111.33 of the Revised | 41080 |
| Code. | 41081 |
| Sec. 206.66.23. FISCAL YEAR 2007 MEDICAID REIMBURSEMENT | 41082 |
| SYSTEM FOR NURSING FACILITIES | 41083 |
| (A) As used in this section: | 41084 |
| "Franchise permit fee" means the fee imposed by sections | 41085 |
| 3721.50 to 3721.58 of the Revised Code. | 41086 |
| "Nursing facility" and "provider" have the same meanings as | 41087 |
| in section 5111.20 of the Revised Code. | 41088 |
| "Nursing facility services" means nursing facility services | 41089 |
| covered by the Medicaid program that a nursing facility provides | 41090 |
| to a resident of the nursing facility who is a Medicaid recipient | 41091 |
| eligible for Medicaid-covered nursing facility services. | 41092 |
| (B) Except as provided in division (C) of this section, the | 41093 |
| provider of a nursing facility that has a valid Medicaid provider | 41094 |
| agreement on June 30, 2006, and a valid Medicaid provider | 41095 |
| agreement for fiscal year 2007 shall be paid, for nursing facility | 41096 |
| services the nursing facility provides during fiscal year 2007, | 41097 |
| the rate determined as follows: | 41098 |
| (1) Determine the rate for the nursing facility under | 41099 |
| sections 5111.20 to 5111.33 of the Revised Code; | 41100 |
| (2) Increase the rate determined under division (B)(1) of | 41101 |
| this section by two per cent; | 41102 |
| (3) Increase the rate determined under division (B)(2) of | 41103 |
| this section by two per cent. | 41104 |
| (C) If the rate determined for a nursing facility under | 41105 |
| 41106 | |
| this section for nursing facility services provided during fiscal | 41107 |
| year 2007 is more than one hundred two per cent of the rate the | 41108 |
| provider is paid for nursing facility services the nursing | 41109 |
| facility provides on June 30, 2006, the Department of Job and | 41110 |
| Family Services shall reduce the nursing facility's fiscal year | 41111 |
| 2007 rate so that the rate is no more than one hundred two per | 41112 |
| cent of the nursing facility's rate for June 30, 2006. If the rate | 41113 |
| determined for a nursing facility under sections 5111.20 to | 41114 |
| 5111.33 of the Revised Code for nursing facility services provided | 41115 |
| during fiscal year 2007 is less than ninety-eight per cent of the | 41116 |
| rate the provider was paid for nursing facility services the | 41117 |
| nursing facility provides on June 30, 2006, the Department shall | 41118 |
| increase the nursing facility's fiscal year 2007 rate so that the | 41119 |
| rate is no less than ninety-eight per cent of the nursing | 41120 |
| facility's rate for June 30, 2006. | 41121 |
| (D) If the United States Centers for Medicare and Medicaid | 41122 |
| Services requires that the franchise permit fee be reduced or | 41123 |
| eliminated, the Department of Job and Family Services shall reduce | 41124 |
| the amount it pays providers of nursing facilities under this | 41125 |
| section as necessary to reflect the loss to the state of the | 41126 |
| revenue and federal financial participation generated from the | 41127 |
| franchise permit fee. | 41128 |
| (E) The Department of Job and Family Services shall follow | 41129 |
| this section in determining the rate to be paid to the provider of | 41130 |
| a nursing facility that has a valid Medicaid provider agreement on | 41131 |
| June 30, 2006, and a valid Medicaid provider agreement for fiscal | 41132 |
| year 2007 notwithstanding anything to the contrary in sections | 41133 |
| 5111.20 to 5111.33 of the Revised Code. | 41134 |
| Sec. 206.66.36. ASSISTED LIVING MEDICAID WAIVER PROGRAM | 41135 |
| (A) As used in this section, "Assisted Living Program" has | 41136 |
| the same meaning as in section 5111.89 of the Revised Code. | 41137 |
| (B) After the Department of Job and Family Services enters | 41138 |
| into a contract with the Department of Aging under section 5111.91 | 41139 |
| of the Revised Code for the Department of Aging to administer the | 41140 |
| Assisted Living Program, the Director of Job and Family Services | 41141 |
| shall quarterly certify to the Director of Budget and Management | 41142 |
| the | 41143 |
| and federal shares for the Assisted Living Program for the | 41144 |
| upcoming quarter. | 41145 |
| 41146 | |
| certification for an upcoming quarter, the Director of Budget and | 41147 |
| Management shall do | 41148 |
| (1) Transfer the state share of the certified amount | 41149 |
| 41150 | |
| Care/Medicaid, to GRF appropriation item 490-422, Assisted Living, | 41151 |
| and reduce appropriation item 600-525, Health Care/Medicaid, by | 41152 |
| the corresponding federal share; | 41153 |
| (2) | 41154 |
| 41155 | |
| 41156 | |
| 41157 |
| | 41158 |
| item 600-655, Interagency Reimbursement, by the federal share of | 41159 |
| the certified amount | 41160 |
| | 41161 |
| 41162 | |
| 41163 |
| Sec. 206.66.64. INDIVIDUALS MOVED FROM NURSING FACILITIES TO | 41164 |
| PASSPORT | 41165 |
| (A) As used in this section: | 41166 |
| (1) "Area agency on aging" has the same meaning as in section | 41167 |
| 173.14 of the Revised Code. | 41168 |
| (2) "Long-Term Care Consultation Program" means the program | 41169 |
| the Department of Aging is required to develop under section | 41170 |
| 173.42 of the Revised Code. | 41171 |
| (3) "Long-Term Care Consultation Program administrator" or | 41172 |
| "administrator" means the Department of Aging or, if the | 41173 |
| Department contracts with an area agency on aging or other entity | 41174 |
| to administer the Long-Term Care Consultation Program for a | 41175 |
| particular area, that agency or entity. | 41176 |
| (4) "Nursing facility" has the same meaning as in section | 41177 |
| 5111.20 of the Revised Code. | 41178 |
| (5) "PASSPORT program" means the program created under | 41179 |
| section 173.40 of the Revised Code. | 41180 |
| (B) Each month during fiscal years 2006 and 2007, each area | 41181 |
| agency on aging shall determine whether individuals who reside in | 41182 |
| the area that the area agency on aging serves and are on a waiting | 41183 |
| list for the PASSPORT program have been admitted to a nursing | 41184 |
| facility. If an area agency on aging determines that such an | 41185 |
| individual has been admitted to a nursing facility, the agency | 41186 |
| shall notify the Long-Term Care Consultation Program administrator | 41187 |
| serving the area in which the individual resides about the | 41188 |
| determination. The administrator shall determine whether the | 41189 |
| PASSPORT program is appropriate for the individual and whether the | 41190 |
| individual would rather participate in the PASSPORT program than | 41191 |
| continue residing in the nursing facility. If the administrator | 41192 |
| determines that the PASSPORT program is appropriate for the | 41193 |
| individual and the individual would rather participate in the | 41194 |
| PASSPORT program than continue residing in the nursing facility, | 41195 |
| the administrator shall so notify the Department of Aging. On | 41196 |
| receipt of the notice from the administrator, the Department of | 41197 |
| Aging shall approve the enrollment of the individual in the | 41198 |
| PASSPORT program regardless of whether other individuals who are | 41199 |
| not in a nursing facility are ahead of the individual on the | 41200 |
| PASSPORT program's waiting list. Each quarter, the Department of | 41201 |
| Aging shall certify to the Director of Budget and Management the | 41202 |
| 41203 | |
| expenditures made for the individuals enrolled in the PASSPORT | 41204 |
| program pursuant to this section. | 41205 |
| (C) On a quarterly basis, on receipt of the certified | 41206 |
| expenditures, the Director of Budget and Management shall do all | 41207 |
| of the following: | 41208 |
| (1) Transfer the state share of the amount of the | 41209 |
| 41210 | |
| Health Care/Medicaid, to GRF appropriation item 490-403, PASSPORT | 41211 |
| 41212 |
| (2) Increase the appropriation in Ohio Department of Aging | 41213 |
| Fund 3C4, appropriation item 490-607, PASSPORT, by the federal | 41214 |
| share of the amount of the | 41215 |
| (3) Increase the appropriation in JFS Fund 3G5, appropriation | 41216 |
| item 600-655, Interagency Reimbursement, by the federal share of | 41217 |
| the amount of the | 41218 |
| The funds that the Director of Budget and Management | 41219 |
| transfers and increases under this division are hereby | 41220 |
| appropriated. | 41221 |
| (D) The individuals placed in the PASSPORT program pursuant | 41222 |
| to this section shall be in addition to the individuals placed in | 41223 |
| the PASSPORT program during fiscal years 2006 and 2007 based on | 41224 |
| the amount of money that is in GRF appropriation item 490-403, | 41225 |
| PASSPORT; Fund 4J4, appropriation item 490-610, | 41226 |
| PASSPORT/Residential State Supplement; Fund 4U9, appropriation | 41227 |
| item 490-602, PASSPORT Fund; and Fund 3C4, appropriation item | 41228 |
| 490-607, PASSPORT, before any transfers to GRF appropriation item | 41229 |
| 490-403, PASSPORT, and Fund 3C4, appropriation item 490-607, | 41230 |
| PASSPORT, are made under this section. | 41231 |
| (E) The Director of Job and Family Services shall do both of | 41232 |
| the following: | 41233 |
| (1) Submit to the United States Secretary of Health and Human | 41234 |
| Services an amendment to the Medicaid waiver authorizing the | 41235 |
| PASSPORT program as necessary for the implementation of this | 41236 |
| section; | 41237 |
| (2) By not later than December 31, 2006, submit to the | 41238 |
| General Assembly a report regarding the number of individuals | 41239 |
| placed in the PASSPORT program pursuant to this section and the | 41240 |
| costs incurred and savings achieved as a result of the individuals | 41241 |
| being placed in the PASSPORT program. | 41242 |
| Sec. 206.66.66. OHIO ACCESS SUCCESS PROJECT | 41243 |
| Notwithstanding any limitations in sections 3721.51 and | 41244 |
| 3721.56 of the Revised Code, in each fiscal year, cash from Fund | 41245 |
| 4J5, Home and Community-Based Services for the Aged, in excess of | 41246 |
| the amounts needed for the transfers may be used by the Department | 41247 |
| of Job and Family Services for the following purposes: (A) up to | 41248 |
| $1.0 million in each fiscal year to fund the state share of audits | 41249 |
| of | 41250 |
| 41251 | |
| facilities for the mentally retarded; and (B) up to $350,000 in | 41252 |
| fiscal year 2006 and up to $350,000 in fiscal year 2007 to provide | 41253 |
| one-time transitional benefits under the Ohio Access Success | 41254 |
| Project that the Director of Job and Family Services may establish | 41255 |
| under section 5111.88 of the Revised Code. | 41256 |
| Sec. 206.66.84. CHILDREN'S TRUST FUND | 41257 |
| Notwithstanding sections 3109.13 to 3109.18 of the Revised | 41258 |
| Code, in fiscal | 41259 |
| and Management shall transfer $1,500,000 cash from the Children's | 41260 |
| Trust Fund (Fund 198 in the Department of Job and Family Services) | 41261 |
| to the Partnerships for Success Fund (Fund 5BH in the Department | 41262 |
| of Youth Services). On or before January 1, | 41263 |
| Director of Budget and Management shall transfer to the Children's | 41264 |
| Trust Fund (Fund 198) any amount of cash that remains unspent in | 41265 |
| the Partnerships for Success Fund (Fund 5BH). | 41266 |
| Sec. 206.66.85. HOSPITAL CARE ASSURANCE MATCH | 41267 |
| Appropriation item 600-650, Hospital Care Assurance Match, | 41268 |
|
shall be used by the Department of Job and
Family
Services | 41269 |
| 41270 | |
| hospitals under section
| 41271 |
| Sec. 206.66.91. The Department of Job and Family Services | 41272 |
| shall retain in each fiscal year $1,500,000 of the federal | 41273 |
| incentives that are described in division (A) of section 3125.19 | 41274 |
| of the Revised Code and authorized by 42 U.S.C. 658a that the | 41275 |
| Department of Job and Family Services receives from the United | 41276 |
| States Department of Human Services to reimburse the Department of | 41277 |
| Job and Family Services for the state share of payments made by | 41278 |
| the Department of Job and Family Services for mandatory contracts | 41279 |
| utilized by county child support enforcement agencies in the | 41280 |
| program of child support enforcement authorized by sections | 41281 |
| 3125.03 and 3125.11 of the Revised Code. This revenue shall be | 41282 |
| deposited in the Child Support Operating Fund (Fund 5BE in the | 41283 |
| Department of Job and Family Services). | 41284 |
| Sec. 206.67.15. PRESCRIPTION DRUG REBATE FUND | 41285 |
| The foregoing appropriation item 600-692, | 41286 |
| 41287 | |
| Department of Job and Family
Services | 41288 |
| 41289 | |
| contracts. | 41290 |
| 41291 | |
| 41292 | |
| 41293 | |
| 41294 | |
| 41295 |
| On July 1, 2006, or as soon as possible thereafter, the | 41296 |
| Director of Job and Family Services shall certify to the Director | 41297 |
| of Budget and Management the federal share of the balance of the | 41298 |
| Prescription Drug Rebates Fund created under section 5111.942 of | 41299 |
| the Revised Code. On receipt of the certification, the Director of | 41300 |
| Budget and Management shall transfer the federal share to the | 41301 |
| Health Care - Federal Fund created under section 5111.943 of the | 41302 |
| Revised Code. | 41303 |
| Sec. 206.67.21. TRANSFER OF TOBACCO MASTER SETTLEMENT | 41304 |
| AGREEMENT FUNDS TO SUPPORT THE AGED, BLIND, AND DISABLED MANAGED | 41305 |
| CARE PROGRAM | 41306 |
| (A) Not later than June 30, 2006, the Director of Job and | 41307 |
| Family Services, in conjunction with the Office of Budget and | 41308 |
| Management, shall determine the amount necessary to implement the | 41309 |
| Aged, Blind, and Disabled Managed Care Program established under | 41310 |
| section 5111.16 of the Revised Code. | 41311 |
| (B) Notwithstanding section 183.02 of the Revised Code, on | 41312 |
| July 1, 2006, or as soon as possible thereafter, the Director of | 41313 |
| Budget and Management shall transfer cash equal to the state share | 41314 |
| of the amount determined pursuant to division (A) of this section | 41315 |
| from the Tobacco Master Settlement Agreement Fund (Fund 087) to | 41316 |
| the ABD Managed Care Program – State Fund (Fund 5BZ in the | 41317 |
| Department of Job and Family Services), which is hereby created. | 41318 |
| Of the tobacco revenue that is credited to the Tobacco Master | 41319 |
| Settlement Agreement Fund (Fund 087) in fiscal year 2006, the | 41320 |
| share that is determined pursuant to section 183.02 of the Revised | 41321 |
| Code to be the amount transferred by the Director of Budget and | 41322 |
| Management from the Tobacco Master Settlement Agreement Fund (Fund | 41323 |
| 087) to the Tobacco Use Prevention and Cessation Trust Fund (Fund | 41324 |
| H87) shall be reduced by the amount that is transferred from the | 41325 |
| Tobacco Master Settlement Agreement Fund (Fund 087) to the ABD | 41326 |
| Managed Care Program – State Fund (Fund 5BZ) in accordance with | 41327 |
| this section. The amount transferred under this division is hereby | 41328 |
| appropriated to appropriation item 600-698, ABD Managed Care | 41329 |
| Program – State. | 41330 |
| (C) The Department of Job and Family Services shall deposit | 41331 |
| federal reimbursement received for the Aged, Blind, and Disabled | 41332 |
| Managed Care Program into the | 41333 |
| Care Assurance Match Fund – Federal Fund (Fund | 41334 |
| 41335 | |
| this section are hereby appropriated to appropriation item | 41336 |
| 600-699, ABD Managed Care Program – Federal. | 41337 |
| Sec. 206.99. MHC MANUFACTURED HOMES COMMISSION | 41338 |
| General Services Fund Group | 41339 |
| 4K9 | 996-609 | Operating Expenses | $ | 272,500 | $ | 41340 | |||||
| TOTAL GSF General Services | 41341 | ||||||||||
| Fund Group | $ | 272,500 | $ | 41342 | |||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 272,500 | $ | 41343 | |||||||
| Sec. 209.04. AMB MEDICAL TRANSPORTATION BOARD | 41345 |
| General Services Fund Group | 41346 |
| 4N1 | 915-601 | Operating Expenses | $ | 388,450 | $ | 41347 | |||||
| TOTAL GSF General Services | 41348 | ||||||||||
| Fund Group | $ | 388,450 | $ | 41349 | |||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 388,450 | $ | 41350 | |||||||
| Sec. 209.06.06. DIVISION OF MENTAL HEALTH - COMMUNITY SUPPORT | 41352 |
| SERVICES | 41353 |
| General Revenue Fund | 41354 |
| GRF | 335-404 | Behavioral Health Services-Children | $ | 5,865,265 | $ | 6,865,265 | 41355 | ||||
| GRF | 335-405 | Family & Children First | $ | 2,260,000 | $ | 2,260,000 | 41356 | ||||
| GRF | 335-419 | Community Medication Subsidy | $ | $ | 41357 | ||||||
| GRF | 335-505 | Local Mental Health Systems of Care | $ | 94,687,868 | $ | 99,687,868 | 41358 | ||||
| TOTAL GRF General Revenue Fund | $ | $ | 41359 | ||||||||
| General Services Fund Group | 41360 |
| 4P9 | 335-604 | Community Mental Health Projects | $ | 250,000 | $ | 250,000 | 41361 | ||||
| TOTAL GSF General Services | 41362 | ||||||||||
| Fund Group | $ | 250,000 | $ | 250,000 | 41363 | ||||||
| Federal Special Revenue Fund Group | 41364 |
| 3A6 | 335-608 | Federal Miscellaneous | $ | 1,089,699 | $ | 678,699 | 41365 | ||||
| 3A7 | 335-612 | Social Services Block Grant | $ | 8,657,288 | $ | 8,657,288 | 41366 | ||||
| 3A8 | 335-613 | Federal Grant - Community Mental Health Board Subsidy | $ | 2,407,040 | $ | 2,407,040 | 41367 | ||||
| 3A9 | 335-614 | Mental Health Block Grant | $ | 14,969,400 | $ | 14,969,400 | 41368 | ||||
| 3B1 | 335-635 | Community Medicaid Expansion | $ | 264,088,404 | $ | 282,807,902 | 41369 | ||||
| TOTAL FED Federal Special Revenue Fund Group | $ | 291,211,831 | $ | 309,520,329 | 41370 | ||||||
| State Special Revenue Fund Group | 41371 |
| 5AU | 335-615 | Behavioral Healthcare | $ | 4,690,000 | $ | 4,690,000 | 41372 | ||||
| 5CH | 335-622 | Residential State Supplement | $ | 1,500,000 | $ | 1,500,000 | 41373 | ||||
| 632 | 335-616 | Community Capital Replacement | $ | 350,000 | $ | 350,000 | 41374 | ||||
| TOTAL SSR State Special Revenue Fund Group | $ | 6,540,000 | $ | 6,540,000 | 41375 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | $ | 41376 | ||||||||
| DEPARTMENT TOTAL | 41377 | ||||||||||
| GENERAL REVENUE FUND | $ | $ | 41378 | ||||||||
| DEPARTMENT TOTAL | 41379 | ||||||||||
| GENERAL SERVICES FUND GROUP | $ | 115,901,936 | $ | 120,196,482 | 41380 | ||||||
| DEPARTMENT TOTAL | 41381 | ||||||||||
| FEDERAL SPECIAL REVENUE | 41382 | ||||||||||
| FUND GROUP | $ | 311,131,959 | $ | 329,461,338 | 41383 | ||||||
| DEPARTMENT TOTAL | 41384 | ||||||||||
| STATE SPECIAL REVENUE FUND GROUP | $ | 12,266,164 | $ | 12,266,164 | 41385 | ||||||
| DEPARTMENT TOTAL | 41386 | ||||||||||
| TOTAL DEPARTMENT OF MENTAL HEALTH | $ | $ | 41387 | ||||||||
| Sec. 209.06.09. COMMUNITY MEDICATION SUBSIDY | 41389 |
| The foregoing appropriation item 335-419, Community | 41390 |
| Medication Subsidy, shall be used to provide subsidized support | 41391 |
| for psychotropic medication needs of indigent citizens in the | 41392 |
| community to reduce unnecessary hospitalization because of lack of | 41393 |
| medication and to provide subsidized support for methadone costs. | 41394 |
| | 41395 |
| 41396 | |
| 41397 | |
| 41398 | |
| 41399 |
| LOCAL MENTAL HEALTH SYSTEMS OF CARE | 41400 |
| The foregoing appropriation item 335-505, Local Mental Health | 41401 |
| Systems of Care, shall be used for mental health services provided | 41402 |
| by community mental health boards in accordance with a community | 41403 |
| mental health plan submitted under section 340.03 of the Revised | 41404 |
| Code and as approved by the Department of Mental Health. | 41405 |
| Of the foregoing appropriation, not less than $34,818,917 in | 41406 |
| fiscal year 2006 and not less than $34,818,917 in fiscal year 2007 | 41407 |
| shall be distributed by the Department of Mental Health on a per | 41408 |
| capita basis to community mental health boards. | 41409 |
| Of the foregoing appropriation, $100,000 in each fiscal year | 41410 |
| shall be used to fund family and consumer education and support. | 41411 |
| BEHAVIORAL HEALTH - CHILDREN | 41412 |
| The foregoing appropriation item 335-404, Behavioral Health | 41413 |
| Services-Children, shall be used to provide behavioral health | 41414 |
| services for children and their families. Behavioral health | 41415 |
| services include mental health and alcohol and other drug | 41416 |
| treatment services and other necessary supports. | 41417 |
| Of the foregoing appropriation item 335-404, Behavioral | 41418 |
| Health Services-Children, an amount up to $4.5 million in fiscal | 41419 |
| year 2006 and $5.5 million in fiscal year 2007 shall be | 41420 |
| distributed to local Alcohol, Drug Addiction, and Mental Health | 41421 |
| Boards; Community Mental Health Boards; and Alcohol and Drug | 41422 |
| Addiction Boards, based upon a formula and an approved children's | 41423 |
| behavioral health transformation plan developed and endorsed by | 41424 |
| the local Family and Children First Council with the leadership | 41425 |
| from the Alcohol, Drug Addiction, and Mental Health Board, or the | 41426 |
| Community Mental Health Board, and the Alcohol and Drug Addiction | 41427 |
| Services Board. The use of these funds shall be approved by a team | 41428 |
| of state and local stakeholders appointed by the Ohio Family and | 41429 |
| Children First Cabinet Council. This team shall be appointed not | 41430 |
| later than July 1, 2005, and shall include, but not be limited to, | 41431 |
| all of the following: | 41432 |
| (A) At least one representative from each of the Departments | 41433 |
| of Alcohol and Drug Addiction Services, Mental Health, Education, | 41434 |
| Health, Job and Family Services, Mental Retardation and | 41435 |
| Developmental Disabilities, and the Department of Youth Services; | 41436 |
| (B) At least one person representing local public children's | 41437 |
| services agencies; | 41438 |
| (C) At least one person representing juvenile courts; | 41439 |
| (D) At least one person representing local Alcohol, Drug | 41440 |
| Addiction, and Mental Health Boards; Community Mental Health | 41441 |
| Boards; and Alcohol and Drug Addiction Boards; | 41442 |
| (E) At least one person representing local Family and | 41443 |
| Children First Council Coordinators; | 41444 |
| (F) At least one family representative. | 41445 |
| Children's behavioral health transformation plans shall be | 41446 |
| congruent with the development and implementation of the process | 41447 |
| described in division (B)(2)(b) of section 121.37 of the Revised | 41448 |
| Code and shall address all of the following as determined by a | 41449 |
| team of state and local stakeholders appointed by the Ohio Family | 41450 |
| and Children First Cabinet Council: | 41451 |
| (A) Specific strategies and actions for use of all funds | 41452 |
| allocated for the Access to Better Care Initiative by all Ohio | 41453 |
| Family and Children First Cabinet Council agencies that will | 41454 |
| further the transformation of the local Children's Behavioral | 41455 |
| Health Care System; | 41456 |
| (B) Providing services to children with behavioral health | 41457 |
| disorders, particularly those with intensive needs, and their | 41458 |
| families, across all child-serving systems, including child | 41459 |
| welfare and juvenile justice and for those youth whose parents | 41460 |
| would otherwise have to relinquish custody to obtain needed | 41461 |
| behavioral health services; | 41462 |
| (C) Assuring that families are included in all service | 41463 |
| planning activities and have access to advocates to assist them if | 41464 |
| they choose; | 41465 |
| (D) Implementation of home-based services and other | 41466 |
| alternatives to out-of-home placement; | 41467 |
| (E) Assuring that all individual service plans for children | 41468 |
| and their families address the academic achievement of the child; | 41469 |
| (F) Coordinating the most efficient and effective use of | 41470 |
| federal, state, and local funds to meet the needs of children and | 41471 |
| their families. | 41472 |
| Funds may be used to support the following services and | 41473 |
| activities: | 41474 |
| (A) Mental health services provided by the Ohio Department of | 41475 |
| Mental Health certified agencies and alcohol and other drug | 41476 |
| services provided by Department of Alcohol and Drug Addiction | 41477 |
| Services certified agencies; | 41478 |
| (B) Services and supports for children and their families | 41479 |
| that further the implementation of their individual service plans; | 41480 |
| (C) Treatment services in out-of-home settings, including | 41481 |
| residential facilities, when other alternatives are not available | 41482 |
| or feasible; | 41483 |
| (D) Administrative support for efforts associated with this | 41484 |
| initiative; | 41485 |
| (E) These funds shall not be used to supplant existing | 41486 |
| efforts. | 41487 |
| The Ohio Family and Children First Cabinet Council appointed | 41488 |
| team shall approve the plans for local behavioral health services | 41489 |
| and ensure the plans are components of and properly coordinated | 41490 |
| with the county service coordination plan as defined in section | 41491 |
| 121.37 of the Revised Code. In addition to approving the plans for | 41492 |
| new behavioral health funding, this team shall design a mechanism | 41493 |
| to provide technical assistance to local communities, monitor the | 41494 |
| plans, and may, as part of the monitoring role, conduct site | 41495 |
| visits. | 41496 |
| Of the foregoing appropriation item 335-404, Behavioral | 41497 |
| Health Services-Children, an amount up to $1.0 million in fiscal | 41498 |
| year 2006 and $1.0 million in fiscal year 2007 shall be used to | 41499 |
| support projects, as determined by the Ohio Family and Children | 41500 |
| First Cabinet Council, in select areas around the state to focus | 41501 |
| on improving behavioral health services for children involved in | 41502 |
| the child welfare and juvenile justice systems. At least one of | 41503 |
| these projects shall focus on services for adolescent girls that | 41504 |
| are involved in or at risk of involvement with the juvenile | 41505 |
| justice system. | 41506 |
| Of the foregoing appropriation item 335-405, Family & | 41507 |
| Children First, an amount up to $500,000 in fiscal year 2006 and | 41508 |
| $500,000 in fiscal year 2007 shall be used for children who do not | 41509 |
| have behavioral health disorders but require assistance through | 41510 |
| the County Family and Children First Council. | 41511 |
| RESIDENTIAL STATE SUPPLEMENT | 41512 |
| The foregoing appropriation item 335-622, Residential State | 41513 |
| Supplement, shall be used to provide subsidized support for | 41514 |
| licensed adult care facilities which serve individuals with mental | 41515 |
| illness. | 41516 |
| Sec. 209.09.06. COMMUNITY SERVICES | 41517 |
| General Revenue Fund | 41518 |
| GRF | 322-405 | State Use Program | $ | 20,000 | $ | 0 | 41519 | ||||
| GRF | 322-413 | Residential and Support Services | $ | 7,423,021 | $ | 7,423,021 | 41520 | ||||
| GRF | 322-416 | Waiver State Match | $ | 103,090,738 | $ | 104,397,504 | 41521 | ||||
| GRF | 322-417 | Supported Living | $ | 43,160,198 | $ | 43,160,198 | 41522 | ||||
| GRF | 322-451 | Family Support Services | $ | 6,938,898 | $ | 6,938,898 | 41523 | ||||
| GRF | 322-452 | Service and Support Administration | $ | 8,672,730 | $ | 8,672,730 | 41524 | ||||
| GRF | 322-501 | County Boards Subsidies | $ | 32,193,542 | $ | 32,193,542 | 41525 | ||||
| GRF | 322-503 | Tax Equity | $ | 14,500,000 | $ | 14,500,000 | 41526 | ||||
| TOTAL GRF General Revenue Fund | $ | 215,999,127 | $ | 217,285,893 | 41527 | ||||||
| General Services Fund Group | 41528 |
| 4J6 | 322-645 | Intersystem Services for Children | $ | 300,000 | $ | 0 | 41529 | ||||
| 4U4 | 322-606 | Community MR and DD Trust | $ | 300,000 | $ | 50,000 | 41530 | ||||
| 4V1 | 322-611 | Family and Children First | $ | 40,000 | $ | 0 | 41531 | ||||
| 488 | 322-603 | Provider Audit Refunds | $ | 350,000 | $ | 350,000 | 41532 | ||||
| TOTAL GSF General Services | 41533 | ||||||||||
| Fund Group | $ | 990,000 | $ | 400,000 | 41534 | ||||||
| Federal Special Revenue Fund Group | 41535 |
| 3A4 | 322-605 | Community Program Support | $ | 1,500,000 | $ | 1,500,000 | 41536 | ||||
| 3A5 | 322-613 | DD Council Grants | $ | 3,204,240 | $ | 3,204,240 | 41537 | ||||
| 3G6 | 322-639 | Medicaid Waiver | $ | 373,772,814 | $ | 373,772,814 | 41538 | ||||
| 3M7 | 322-650 | CAFS Medicaid | $ | 125,924,299 | $ | 103,773,730 | 41539 | ||||
| 325 | 322-608 | Grants for Infants and Families with Disabilities | $ | 1,763,165 | $ | 1,763,165 | 41540 | ||||
| 325 | 322-612 | Community Social Service Programs | $ | 11,500,000 | $ | 11,500,000 | 41541 | ||||
| TOTAL FED Federal Special Revenue | 41542 | ||||||||||
| Fund Group | $ | 517,664,518 | $ | 495,513,949 | 41543 | ||||||
| State Special Revenue Fund Group | 41544 |
| 4K8 | 322-604 | Waiver - Match | $ | 12,000,000 | $ | 12,000,000 | 41545 | ||||
| 5DJ | 322-625 | Targeted Case Management Match | $ | 9,340,000 | $ | 20,280,000 | 41546 | ||||
| 5DJ | 322-626 | Targeted Case Management Services | $ | 23,350,000 | $ | 50,070,000 | 41547 | ||||
| 5H0 | 322-619 | Medicaid Repayment | $ | 25,000 | $ | 25,000 | 41548 | ||||
| 5Z1 | 322-624 | County Board Waiver Match | $ | 82,000,000 | $ | 82,000,000 | 41549 | ||||
| TOTAL SSR State Special Revenue | 41550 | ||||||||||
| Fund Group | $ | $ | 41551 | ||||||||
| TOTAL ALL COMMUNITY SERVICES | 41552 | ||||||||||
| BUDGET FUND GROUPS | $ | $ | 41553 | ||||||||
| RESIDENTIAL AND SUPPORT SERVICES | 41554 |
| The Department of Mental Retardation and Developmental | 41555 |
| Disabilities may designate a portion of appropriation item | 41556 |
| 322-413, Residential and Support Services, for the following: | 41557 |
| (A) Sermak Class Services used to implement the requirements | 41558 |
| of the agreement settling the consent decree in Sermak v. Manuel, | 41559 |
| Case No. c-2-80-220, United States District Court for the Southern | 41560 |
| District of Ohio, Eastern Division; | 41561 |
| (B) Medicaid-reimbursed programs other than home and | 41562 |
| community-based waiver services, in an amount not to exceed | 41563 |
| $1,000,000 in each fiscal year, that enable persons with mental | 41564 |
| retardation and developmental disabilities to live in the | 41565 |
| community. | 41566 |
| WAIVER STATE MATCH | 41567 |
| The purposes for which the foregoing appropriation item | 41568 |
| 322-416, Waiver State Match, shall be used include the following: | 41569 |
| (A) Home and community-based waiver services under Title XIX | 41570 |
| of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, | 41571 |
| as amended. | 41572 |
| (B) Services contracted by county boards of mental | 41573 |
| retardation and developmental disabilities. | 41574 |
| (C) To pay the nonfederal share of the cost of one or more | 41575 |
| new intermediate-care-facility-for-the-mentally-retarded certified | 41576 |
| beds in a county where the county board of mental retardation and | 41577 |
| developmental disabilities does not initiate or support the | 41578 |
| development or certification of such beds, if the Director of | 41579 |
| Mental Retardation and Developmental Disabilities is required by | 41580 |
| 41581 | |
| transfer to the Director of Job and Family Services funds to pay | 41582 |
| such nonfederal share. | 41583 |
| The Department of Mental Retardation and Developmental | 41584 |
| Disabilities may designate a portion of appropriation item | 41585 |
| 322-416, Waiver State Match, to county boards of mental | 41586 |
| retardation and developmental disabilities that have greater need | 41587 |
| for various residential and support services because of a low | 41588 |
| percentage of residential and support services development in | 41589 |
| comparison to the number of individuals with mental retardation or | 41590 |
| developmental disabilities in the county. | 41591 |
| Of the foregoing appropriation item 322-416, Waiver State | 41592 |
| Match, $9,850,000 in each year of the biennium shall be | 41593 |
| distributed by the Department to county boards of mental | 41594 |
| retardation and developmental disabilities to support existing | 41595 |
| residential facilities waiver and individual options waiver | 41596 |
| related to Medicaid activities provided for in the component of a | 41597 |
| county board's plan developed under division (A)(2) of section | 41598 |
| 5126.054 of the Revised Code and approved under section 5123.046 | 41599 |
| of the Revised Code. Up to $3,000,000 of these funds in each | 41600 |
| fiscal year may be used to implement day-to-day program management | 41601 |
| services under division (A)(2) of section 5126.054 of the Revised | 41602 |
| Code. Up to $4,200,000 in each fiscal year may be used to | 41603 |
| implement the program and health and welfare requirements of | 41604 |
| division (A)(2) of section 5126.054 of the Revised Code. | 41605 |
| In fiscal years 2006 and 2007 not less than $2,650,000 of | 41606 |
| these funds shall be used to recruit and retain, under division | 41607 |
| (A)(2) of section 5126.054 of the Revised Code, the direct care | 41608 |
| staff necessary to implement the services included in an | 41609 |
| individualized service plan in a manner that ensures the health | 41610 |
| and welfare of the individuals being served. | 41611 |
| The method utilized by the department to determine each | 41612 |
| residential facilities wavier and individual options provider's | 41613 |
| allocation of such funds in fiscal year 2005 shall be used for | 41614 |
| allocation purposes to such providers in fiscal years 2006 and | 41615 |
| 2007, respectively. | 41616 |
| SUPPORTED LIVING | 41617 |
| The purposes for which the foregoing appropriation item | 41618 |
| 322-417, Supported Living, shall be used include supported living | 41619 |
| services contracted by county boards of mental retardation and | 41620 |
| developmental disabilities under sections 5126.40 to 5126.47 of | 41621 |
| the Revised Code and paying the nonfederal share of the cost of | 41622 |
| one or more new | 41623 |
| intermediate-care-facility-for-the-mentally-retarded certified | 41624 |
| beds in a county where the county board of mental retardation and | 41625 |
| developmental disabilities does not initiate or support the | 41626 |
| development or certification of such beds, if the Director of | 41627 |
| Mental Retardation and Developmental Disabilities is required by | 41628 |
| 41629 | |
| transfer to the Director of Job and Family Services funds to pay | 41630 |
| such nonfederal share. | 41631 |
| OTHER RESIDENTIAL AND SUPPORT SERVICE PROGRAMS | 41632 |
| Notwithstanding Chapters 5123. and 5126. of the Revised Code, | 41633 |
| the Department of Mental Retardation and Developmental | 41634 |
| Disabilities may develop residential and support service programs | 41635 |
| funded by appropriation item 322-413, Residential and Support | 41636 |
| Services; appropriation item 322-416, Waiver State Match; or | 41637 |
| appropriation item 322-417, Supported Living, that enable persons | 41638 |
| with mental retardation and developmental disabilities to live in | 41639 |
| the community. Notwithstanding Chapter 5121. and section 5123.122 | 41640 |
| of the Revised Code, the Department may waive the support | 41641 |
| collection requirements of those statutes for persons in community | 41642 |
| programs developed by the Department under this section. The | 41643 |
| Department shall adopt rules under Chapter 119. of the Revised | 41644 |
| Code or may use existing rules for the implementation of these | 41645 |
| programs. | 41646 |
| FAMILY SUPPORT SERVICES | 41647 |
| Notwithstanding sections 5123.171, 5123.19, 5123.20, and | 41648 |
| 5126.11 of the Revised Code, the Department of Mental Retardation | 41649 |
| and Developmental Disabilities may implement programs funded by | 41650 |
| appropriation item 322-451, Family Support Services, to provide | 41651 |
| assistance to persons with mental retardation or developmental | 41652 |
| disabilities and their families who are living in the community. | 41653 |
| The department shall adopt rules to implement these programs. The | 41654 |
| department may also use the foregoing appropriation item 322-451, | 41655 |
| Family Support Services, to pay the nonfederal share of the cost | 41656 |
| of one or more new | 41657 |
| intermediate-care-facility-for-the-mentally-retarded certified | 41658 |
| beds in a county where the county board of mental retardation and | 41659 |
| developmental disabilities initiates or supports the development | 41660 |
| or certification of such beds, if the Director of Mental | 41661 |
| Retardation and Developmental Disabilities is required by | 41662 |
| Am. Sub. H.B. 66 of the 126th General Assembly to transfer to the | 41663 |
| Director of Job and Family Services funds to pay such nonfederal | 41664 |
| share. | 41665 |
| SERVICE AND SUPPORT ADMINISTRATION | 41666 |
| The foregoing appropriation item 322-452, Service and Support | 41667 |
| Administration, shall be allocated to county boards of mental | 41668 |
| retardation and developmental disabilities for the purpose of | 41669 |
| providing service and support administration services and to | 41670 |
| assist in bringing state funding for all department-approved | 41671 |
| service and support administrators within county boards of mental | 41672 |
| retardation and developmental disabilities to the level authorized | 41673 |
| in division (C) of section 5126.15 of the Revised Code. The | 41674 |
| department may request approval from the Controlling Board to | 41675 |
| transfer any unobligated appropriation authority from other state | 41676 |
| General Revenue Fund appropriation items within the department's | 41677 |
| budget to appropriation item 322-452, Service and Support | 41678 |
| Administration, to be used to meet the statutory funding level in | 41679 |
| division (C) of section 5126.15 of the Revised Code. | 41680 |
| Notwithstanding division (C) of section 5126.15 of the | 41681 |
| Revised Code and subject to funding in appropriation item 322-452, | 41682 |
| Service and Support Administration, no county may receive less | 41683 |
| than its allocation in fiscal year 1995. Wherever case management | 41684 |
| services are referred to in any law, contract, or other document, | 41685 |
| the reference shall be deemed to refer to service and support | 41686 |
| administration. No action or proceeding pending on the effective | 41687 |
| date of this section is affected by the renaming of case | 41688 |
| management services as service and support administration. | 41689 |
| The Department of Mental Retardation and Developmental | 41690 |
| Disabilities shall adopt, amend, and rescind rules as necessary to | 41691 |
| reflect the renaming of case management services as service and | 41692 |
| support administration. All boards of mental retardation and | 41693 |
| developmental disabilities and the entities with which they | 41694 |
| contract for services shall rename the titles of their employees | 41695 |
| who provide service and support administration. All boards and | 41696 |
| contracting entities shall make corresponding changes to all | 41697 |
| employment contracts. | 41698 |
| The Department also may use the foregoing appropriation item | 41699 |
| 322-452, Service and Support Administration, to pay the nonfederal | 41700 |
| share of the cost of one or more new | 41701 |
| intermediate-care-facility-for-the-mentally-retarded certified | 41702 |
| beds in a county where the county board of mental retardation and | 41703 |
| developmental disabilities initiates or supports the development | 41704 |
| or certification of such beds, if the Director of Mental | 41705 |
| Retardation and Developmental Disabilities is required by | 41706 |
| Am. Sub. H.B. 66 of the 126th General Assembly to transfer to the | 41707 |
| Director of Job and Family Services funds to pay such nonfederal | 41708 |
| share. | 41709 |
| STATE SUBSIDIES TO MR/DD BOARDS | 41710 |
| Notwithstanding section 5126.12 of the Revised Code, for | 41711 |
| fiscal year 2006, the Department shall, if sufficient funds as | 41712 |
| determined by the Department are available, use the foregoing | 41713 |
| appropriation item 322-501, County Boards Subsidies, to pay each | 41714 |
| county board of mental retardation and developmental disabilities | 41715 |
| an amount that is equal to the amount such board received in | 41716 |
| fiscal year 2005. If the Department determines that there are not | 41717 |
| sufficient funds available in appropriation item 322-501, County | 41718 |
| Boards Subsidies, for this purpose, the Department shall pay to | 41719 |
| each county board an amount that is proportionate to the amount | 41720 |
| such board received in fiscal year 2005. Proportionality shall be | 41721 |
| determined by comparing the payment a county board received in a | 41722 |
| category in fiscal year 2005 to the total payments distributed to | 41723 |
| all county boards for such category in fiscal year 2005. For | 41724 |
| fiscal year 2007, the Department shall pay to each county board an | 41725 |
| amount that is determined by an allocation formula to be developed | 41726 |
| by the Department that considers the applicable factors in section | 41727 |
| 5126.12 of the Revised Code. | 41728 |
| The Department also may use the foregoing appropriation item | 41729 |
| 322-501, County Boards Subsidies, to pay the nonfederal share of | 41730 |
| the cost of one or more new | 41731 |
| intermediate-care-facility-for-the-mentally-retarded certified | 41732 |
| beds in a county where the county board of mental retardation and | 41733 |
| developmental disabilities initiates or supports the development | 41734 |
| or certification of such beds, if the Director of Mental | 41735 |
| Retardation and Developmental Disabilities is required by | 41736 |
| Am. Sub. H.B. 66 of the 126th General Assembly to transfer to the | 41737 |
| Director of Job and Family Services funds to pay such nonfederal | 41738 |
| share. | 41739 |
| NONFEDERAL MATCH FOR ACTIVE TREATMENT SERVICES | 41740 |
| Pursuant to an agreement between the county board and the | 41741 |
| Director of Mental Retardation and Developmental Disabilities, a | 41742 |
| county may pledge funds from its state allocation from GRF | 41743 |
| appropriation item 322-501, County Boards Subsidies, to cover the | 41744 |
| cost of providing the nonfederal match for active treatment | 41745 |
| services that the county provides to residents of the Department's | 41746 |
| developmental centers. The Director of Mental Retardation and | 41747 |
| Developmental Disabilities is authorized to transfer, through | 41748 |
| intrastate transfer vouchers, cash from these pledges from GRF | 41749 |
| appropriation item 322-501, County Boards Subsidies, to Fund 489, | 41750 |
| Mental Retardation Operating. Any other county funds received by | 41751 |
| the Department from county boards for active treatment shall be | 41752 |
| deposited in Fund 489, Mental Retardation Operating. | 41753 |
| WAIVER - MATCH | 41754 |
| The foregoing appropriation item 322-604, Waiver - Match | 41755 |
| (Fund 4K8), shall be used as state matching funds for the home and | 41756 |
| community-based waivers. | 41757 |
| COUNTY BOARD WAIVER MATCH | 41758 |
| The Director of Mental Retardation and Developmental | 41759 |
| Disabilities shall transfer, through intrastate transfer vouchers, | 41760 |
| cash from any allowable General Revenue Fund appropriation item to | 41761 |
| Fund 5Z1, appropriation item 322-624, County Board Waiver Match. | 41762 |
| (The amounts being transferred reflect the amounts that county | 41763 |
| boards pledge from their state General Revenue Funds allocations | 41764 |
| to cover the cost of providing the non-federal match for waiver | 41765 |
| services.) | 41766 |
| TRANSFER OF FUNDS FOR THE FAMILY AND CHILDREN FIRST CABINET | 41767 |
| COUNCIL TO THE DEPARTMENT OF MENTAL HEALTH | 41768 |
| On July 1, 2005, or as soon as possible thereafter, the | 41769 |
| Director of Mental Retardation and Developmental Disabilities | 41770 |
| shall certify the remaining cash balance in Fund 4V1, | 41771 |
| Miscellaneous Use, to the Director of Budget and Management. Upon | 41772 |
| receipt of the certification, the Director of Budget and | 41773 |
| Management shall transfer that amount and re-establish existing | 41774 |
| encumbrances in the Department of Mental Health, Fund 232, Family | 41775 |
| and Children First Administration Fund. When this transfer has | 41776 |
| been completed, Fund 4V1 shall be abolished. | 41777 |
| On November 1, 2005, or as soon as possible thereafter, the | 41778 |
| Director of Mental Retardation and Developmental Disabilities | 41779 |
| shall certify the remaining cash balance in Fund 4J6, Youth | 41780 |
| Cluster, to the Director of Budget and Management, who upon | 41781 |
| receipt shall transfer that amount to the General Revenue Fund and | 41782 |
| increase the Department of Mental Health's GRF appropriation item | 41783 |
| 335-404, Behavioral Health Services-Children, by the same amount. | 41784 |
| When this transfer has been completed, Fund 4J6 shall be | 41785 |
| abolished. | 41786 |
| TARGETED CASE MANAGEMENT SERVICES | 41787 |
| The Departments of Mental Retardation and Developmental | 41788 |
| Disabilities and Job and Family Services may enter into an | 41789 |
| interagency agreement under which the Department of Mental | 41790 |
| Retardation and Developmental Disabilities shall pay the | 41791 |
| Department of Job and Family Services the nonfederal portion of | 41792 |
| the cost of targeted case management services and the Department | 41793 |
| of Job and Family Services shall pay the total cost of targeted | 41794 |
| case management claims. | 41795 |
| Quarterly, the Director of Mental Retardation and | 41796 |
| Developmental Disabilities, in consultation with the Director of | 41797 |
| Job and Family Services, shall estimate the cost, less any | 41798 |
| adjustments from the previous quarter, of the nonfederal share of | 41799 |
| targeted case management for claims with service dates after | 41800 |
| December 31, 2005, and shall certify this amount to the Director | 41801 |
| of Budget and Management. Notwithstanding any other provision of | 41802 |
| law to the contrary, the Director of Budget and Management may | 41803 |
| transfer cash equal to the amount certified from any Department of | 41804 |
| Mental Retardation and Developmental Disabilities fund identified | 41805 |
| by the Director of Mental Retardation and Developmental | 41806 |
| Disabilities to the Department of Job and Family Services Fund | 41807 |
| 5C9, Medicaid Program Support. | 41808 |
| County boards of mental retardation and developmental | 41809 |
| disabilities shall pay the nonfederal portion of targeted case | 41810 |
| management costs to the Department of Mental Retardation and | 41811 |
| Developmental Disabilities. Notwithstanding any other provision of | 41812 |
| law to the contrary, county boards of mental retardation and | 41813 |
| developmental disabilities may pledge funds from any appropriation | 41814 |
| line item to pay for the nonfederal costs of targeted case | 41815 |
| management. The Director of Mental Retardation and Developmental | 41816 |
| Disabilities shall withhold any amount owed to the department from | 41817 |
| subsequent disbursements from any appropriation line item or money | 41818 |
| otherwise due to a nonpaying county. The Director of Mental | 41819 |
| Retardation and Developmental Disabilities may transfer cash, | 41820 |
| through intrastate transfer vouchers, from any Department of | 41821 |
| Mental Retardation and Developmental Disabilities appropriation | 41822 |
| line item to Fund 5DJ. | 41823 |
| The Director of Budget and Management may increase the | 41824 |
| appropriation level of the Department of Job and Family Services | 41825 |
| appropriation item 600-671, Medicaid Program Support, by | 41826 |
| $9,340,000 in fiscal year 2006 and by $20,280,000 in fiscal year | 41827 |
| 2007. The Director may then increase the appropriation level for | 41828 |
| the Department of Job and Family Services Fund 3F0, appropriation | 41829 |
| item 600-623, Health Care Federal, by the corresponding federal | 41830 |
| amount in fiscal year 2006 and fiscal year 2007. | 41831 |
| Sec. 209.09.18. RESIDENTIAL FACILITIES | 41832 |
| General Revenue Fund | 41833 |
| GRF | 323-321 | Residential Facilities | $ | 101,764,366 | $ | 100,457,600 | 41834 | ||||
| Operations | 41835 | ||||||||||
| TOTAL GRF General Revenue Fund | $ | 101,764,366 | $ | 100,457,600 | 41836 | ||||||
| General Services Fund Group | 41837 |
| 152 | 323-609 | Residential Facilities | $ | 912,177 | $ | 912,177 | 41838 | ||||
| Support | 41839 | ||||||||||
| TOTAL GSF General Services | 41840 | ||||||||||
| Fund Group | $ | 912,177 | $ | 912,177 | 41841 | ||||||
| Federal Special Revenue Fund Group | 41842 |
| 3A4 | 323-605 | Developmental Center Operation Expenses | $ | 120,000,000 | $ | 120,000,000 | 41843 | ||||
| 325 | 323-608 | Foster Grandparent Program | $ | 575,000 | $ | 575,000 | 41844 | ||||
| TOTAL FED Federal Special Revenue | 41845 | ||||||||||
| Fund Group | $ | 120,575,000 | $ | 120,575,000 | 41846 | ||||||
| State Special Revenue Fund Group | 41847 |
| 221 | 322-620 | Supplement Service Trust | $ | 150,000 | $ | 150,000 | 41848 | ||||
| 489 | 323-632 | Developmental Center Direct Care Support | $ | 12,125,628 | $ | 12,125,628 | 41849 | ||||
| TOTAL SSR State Special Revenue | 41850 | ||||||||||
| Fund Group | $ | 12,275,628 | $ | 12,275,628 | 41851 | ||||||
| TOTAL ALL RESIDENTIAL FACILITIES | 41852 | ||||||||||
| BUDGET FUND GROUPS | $ | 235,527,171 | $ | 234,220,405 | 41853 | ||||||
| DEPARTMENT TOTAL | 41854 | ||||||||||
| GENERAL REVENUE FUND | $ | 352,880,570 | $ | 353,397,967 | 41855 | ||||||
| DEPARTMENT TOTAL | 41856 | ||||||||||
| GENERAL SERVICES FUND GROUP | $ | 2,202,177 | $ | 1,612,177 | 41857 | ||||||
| DEPARTMENT TOTAL | 41858 | ||||||||||
| FEDERAL SPECIAL REVENUE FUND GROUP | $ | 652,727,850 | $ | 630,577,281 | 41859 | ||||||
| DEPARTMENT TOTAL | 41860 | ||||||||||
| STATE SPECIAL REVENUE FUND GROUP | $ | $ | 41861 | ||||||||
| TOTAL DEPARTMENT OF MENTAL | 41862 | ||||||||||
| RETARDATION AND DEVELOPMENTAL | 41863 | ||||||||||
| DISABILITIES | $ | $ | 41864 | ||||||||
| Sec. 209.15. CRB MOTOR VEHICLE COLLISION REPAIR REGISTRATION | 41866 |
| BOARD | 41867 |
| General Service Fund Group | 41868 |
| 5H9 | 865-609 | Operating Expenses - CRB | $ | 325,047 | $ | 41869 | |||||
| TOTAL GSF General Services | 41870 | ||||||||||
| Fund Group | $ | 325,047 | $ | 41871 | |||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 325,047 | $ | 41872 | |||||||
| Sec. 209.18. DNR DEPARTMENT OF NATURAL RESOURCES | 41874 |
| General Revenue Fund | 41875 |
| GRF | 725-401 | Wildlife-GRF Central Support | $ | $ | 41876 | ||||||
| GRF | 725-404 | Fountain Square Rental Payments - OBA | $ | 1,025,300 | $ | 1,092,000 | 41877 | ||||
| GRF | 725-407 | Conservation Reserve Enhancement Program | $ | 1,000,000 | $ | 1,000,000 | 41878 | ||||
| GRF | 725-413 | OPFC Lease Rental Payments | $ | 18,699,100 | $ | 20,962,800 | 41879 | ||||
| GRF | 725-423 | Stream and Ground Water Gauging | $ | 311,910 | $ | 311,910 | 41880 | ||||
| GRF | 725-425 | Wildlife License Reimbursement | $ | 646,319 | $ | 646,319 | 41881 | ||||
| GRF | 725-456 | Canal Lands | $ | 332,859 | $ | 332,859 | 41882 | ||||
| GRF | 725-502 | Soil and Water Districts | $ | 9,836,436 | $ | 9,836,436 | 41883 | ||||
| GRF | 725-903 | Natural Resources General Obligation Debt Service | $ | 25,866,000 | $ | 24,359,100 | 41884 | ||||
| GRF | 727-321 | Division of Forestry | $ | 8,541,511 | $ | 8,541,511 | 41885 | ||||
| GRF | 728-321 | Division of Geological Survey | $ | 1,630,000 | $ | 1,630,000 | 41886 | ||||
| GRF | 729-321 | Office of Information Technology | $ | 440,895 | $ | 440,895 | 41887 | ||||
| GRF | 730-321 | Division of Parks and Recreation | $ | 37,874,841 | $ | 39,874,841 | 41888 | ||||
| GRF | 731-321 | Office of Coastal Management | $ | 259,707 | $ | 259,707 | 41889 | ||||
| GRF | 733-321 | Division of Water | $ | 3,257,619 | $ | 3,207,619 | 41890 | ||||
| GRF | 736-321 | Division of Engineering | $ | 3,118,703 | $ | 3,118,703 | 41891 | ||||
| GRF | 737-321 | Division of Soil and Water | $ | 4,074,788 | $ | 4,074,788 | 41892 | ||||
| GRF | 738-321 | Division of Real Estate and Land Management | $ | 2,291,874 | $ | 2,291,874 | 41893 | ||||
| GRF | 741-321 | Division of Natural Areas and Preserves | $ | 3,009,505 | $ | 3,009,505 | 41894 | ||||
| GRF | 744-321 | Division of Mineral Resources Management | $ | 3,068,167 | $ | 3,068,167 | 41895 | ||||
| TOTAL GRF General Revenue Fund | $ | $ | 41896 | ||||||||
| 126,600,534 | 129,424,034 | 41897 | |||||||||
| General Services Fund Group | 41898 |
| 155 | 725-601 | Departmental Projects | $ | 3,135,821 | $ | 3,011,726 | 41899 | ||||
| 157 | 725-651 | Central Support Indirect | $ | 6,528,675 | $ | 6,528,675 | 41900 | ||||
| 204 | 725-687 | Information Services | $ | 4,676,627 | $ | 4,676,627 | 41901 | ||||
| 206 | 725-689 | REALM Support Services | $ | 475,000 | $ | 475,000 | 41902 | ||||
| 207 | 725-690 | Real Estate Services | $ | 64,000 | $ | 64,000 | 41903 | ||||
| 223 | 725-665 | Law Enforcement Administration | $ | 2,096,225 | $ | 2,096,225 | 41904 | ||||
| 227 | 725-406 | Parks Projects Personnel | $ | 175,000 | $ | 110,000 | 41905 | ||||
| 4D5 | 725-618 | Recycled Materials | $ | 50,000 | $ | 50,000 | 41906 | ||||
| 4S9 | 725-622 | NatureWorks Personnel | $ | 472,648 | $ | 307,648 | 41907 | ||||
| 4X8 | 725-662 | Water Resources Council | $ | 125,000 | $ | 125,000 | 41908 | ||||
| 430 | 725-671 | Canal Lands | $ | 797,582 | $ | 847,582 | 41909 | ||||
| 508 | 725-684 | Natural Resources Publications | $ | 157,792 | $ | 157,792 | 41910 | ||||
| 510 | 725-631 | Maintenance - State-owned Residences | $ | 260,849 | $ | 260,849 | 41911 | ||||
| 516 | 725-620 | Water Management | $ | 2,442,956 | $ | 2,459,120 | 41912 | ||||
| 635 | 725-664 | Fountain Square Facilities Management | $ | 3,182,223 | $ | 3,190,223 | 41913 | ||||
| 697 | 725-670 | Submerged Lands | $ | 542,011 | $ | 542,011 | 41914 | ||||
| TOTAL GSF General Services | 41915 | ||||||||||
| Fund Group | $ | 25,182,409 | $ | 24,902,478 | 41916 | ||||||
| Federal Special Revenue Fund Group | 41917 |
| 3B3 | 725-640 | Federal Forest Pass-Thru | $ | 150,000 | $ | 150,000 | 41918 | ||||
| 3B4 | 725-641 | Federal Flood Pass-Thru | $ | 350,000 | $ | 350,000 | 41919 | ||||
| 3B5 | 725-645 | Federal Abandoned Mine Lands | $ | 14,310,497 | $ | 14,307,666 | 41920 | ||||
| 3B6 | 725-653 | Federal Land and Water Conservation Grants | $ | 5,000,000 | $ | 5,000,000 | 41921 | ||||
| 3B7 | 725-654 | Reclamation - Regulatory | $ | 2,107,292 | $ | 2,107,291 | 41922 | ||||
| 3P0 | 725-630 | Natural Areas and Preserves - Federal | $ | 315,000 | $ | 315,000 | 41923 | ||||
| 3P1 | 725-632 | Geological Survey - Federal | $ | 479,651 | $ | 479,651 | 41924 | ||||
| 3P2 | 725-642 | Oil and Gas-Federal | $ | 362,933 | $ | 367,912 | 41925 | ||||
| 3P3 | 725-650 | Coastal Management - Federal | $ | 1,592,923 | $ | 1,607,686 | 41926 | ||||
| 3P4 | 725-660 | Water - Federal | $ | 419,766 | $ | 420,525 | 41927 | ||||
| 3R5 | 725-673 | Acid Mine Drainage Abatement/Treatment | $ | 2,225,000 | $ | 2,225,000 | 41928 | ||||
| 3Z5 | 725-657 | REALM-Federal | $ | 1,578,871 | $ | 1,578,871 | 41929 | ||||
| 328 | 725-603 | Forestry Federal | $ | 1,813,827 | $ | 2,228,081 | 41930 | ||||
| 332 | 725-669 | Federal Mine Safety Grant | $ | 258,102 | $ | 258,102 | 41931 | ||||
| TOTAL FED Federal Special Revenue | 41932 | ||||||||||
| Fund Group | $ | 30,963,862 | $ | 31,395,785 | 41933 | ||||||
| State Special Revenue Fund Group | 41934 |
| 4J2 | 725-628 | Injection Well Review | $ | 93,957 | $ | 79,957 | 41935 | ||||
| 4M7 | 725-631 | Wildfire Suppression | $ | 100,000 | $ | 100,000 | 41936 | ||||
| 4U6 | 725-668 | Scenic Rivers Protection | $ | 407,100 | $ | 407,100 | 41937 | ||||
| 5BV | 725-683 | Soil and Water Districts | $ | 1,850,000 | $ | 1,850,000 | 41938 | ||||
| 5B3 | 725-674 | Mining Regulation | $ | 28,850 | $ | 28,850 | 41939 | ||||
| 41940 | |||||||||||
| 5P2 | 725-634 | Wildlife Boater Angler Administration | $ | 4,200,000 | $ | 3,500,000 | 41941 | ||||
| 509 | 725-602 | State Forest | $ | 2,291,664 | $ | 2,591,664 | 41942 | ||||
| 511 | 725-646 | Ohio Geological Mapping | $ | 549,310 | $ | 549,310 | 41943 | ||||
| 512 | 725-605 | State Parks Operations | $ | 26,814,288 | $ | 26,814,288 | 41944 | ||||
| 512 | 725-680 | Parks Facilities Maintenance | $ | 2,576,240 | $ | 2,576,240 | 41945 | ||||
| 514 | 725-606 | Lake Erie Shoreline | $ | 612,075 | $ | 657,113 | 41946 | ||||
| 518 | 725-643 | Oil and Gas Permit Fees | $ | 2,674,377 | $ | 2,674,378 | 41947 | ||||
| 518 | 725-677 | Oil and Gas Well Plugging | $ | 1,200,000 | $ | 1,200,000 | 41948 | ||||
| 521 | 725-627 | Off-Road Vehicle Trails | $ | 143,490 | $ | 143,490 | 41949 | ||||
| 522 | 725-656 | Natural Areas Checkoff Funds | $ | 1,550,670 | $ | 1,550,670 | 41950 | ||||
| 526 | 725-610 | Strip Mining Administration Fee | $ | 1,932,492 | $ | 1,932,492 | 41951 | ||||
| 527 | 725-637 | Surface Mining Administration | $ | 2,312,815 | $ | 2,322,702 | 41952 | ||||
| 529 | 725-639 | Unreclaimed Land Fund | $ | 623,356 | $ | 631,257 | 41953 | ||||
| 531 | 725-648 | Reclamation Forfeiture | $ | 2,061,861 | $ | 2,062,237 | 41954 | ||||
| 532 | 725-644 | Litter Control and Recycling | $ | 7,100,000 | $ | 7,100,000 | 41955 | ||||
| 586 | 725-633 | Scrap Tire Program | $ | 1,000,000 | $ | 1,000,000 | 41956 | ||||
| 615 | 725-661 | Dam Safety | $ | 365,223 | $ | 365,223 | 41957 | ||||
| TOTAL SSR State Special Revenue | 41958 | ||||||||||
| Fund Group | $ | 60,487,768 | $ | 60,136,971 | 41959 | ||||||
| Clean Ohio Fund Group | 41960 |
| 061 | 725-405 | Clean Ohio Operating | $ | 155,000 | $ | 155,000 | 41961 | ||||
| TOTAL CLF Clean Ohio Fund Group | $ | 155,000 | $ | 155,000 | 41962 | ||||||
| Wildlife Fund Group | 41963 |
| 015 | 740-401 | Division of Wildlife Conservation | $ | 49,447,500 | $ | 50,447,500 | 41964 | ||||
| 815 | 725-636 | Cooperative Management Projects | $ | 120,449 | $ | 120,449 | 41965 | ||||
| 816 | 725-649 | Wetlands Habitat | $ | 966,885 | $ | 966,885 | 41966 | ||||
| 817 | 725-655 | Wildlife Conservation Checkoff Fund | $ | 5,000,000 | $ | 5,000,000 | 41967 | ||||
| 818 | 725-629 | Cooperative Fisheries Research | $ | 1,500,000 | $ | 1,500,000 | 41968 | ||||
| 819 | 725-685 | Ohio River Management | $ | 128,584 | $ | 128,584 | 41969 | ||||
| TOTAL WLF Wildlife Fund Group | $ | 57,163,418 | $ | 58,163,418 | 41970 | ||||||
| Waterways Safety Fund Group | 41971 |
| 086 | 725-414 | Waterways Improvement | $ | 3,792,343 | $ | 3,792,343 | 41972 | ||||
| 086 | 725-418 | Buoy Placement | $ | 52,182 | $ | 52,182 | 41973 | ||||
| 086 | 725-501 | Waterway Safety Grants | $ | 137,867 | $ | 137,867 | 41974 | ||||
| 086 | 725-506 | Watercraft Marine Patrol | $ | 576,153 | $ | 576,153 | 41975 | ||||
| 086 | 725-513 | Watercraft Educational Grants | $ | 366,643 | $ | 366,643 | 41976 | ||||
| 086 | 739-401 | Division of Watercraft | $ | 20,027,909 | $ | 20,086,681 | 41977 | ||||
| 5AW | 725-682 | Watercraft Revolving Loans | $ | 3,000,000 | $ | 1,000,000 | 41978 | ||||
| TOTAL WSF Waterways Safety Fund | 41979 | ||||||||||
| Group | $ | 27,953,097 | $ | 26,011,869 | 41980 | ||||||
| Holding Account Redistribution Fund Group | 41981 |
| R17 | 725-659 | Performance Cash Bond Refunds | $ | 374,263 | $ | 374,263 | 41982 | ||||
| R43 | 725-624 | Forestry | $ | 2,500,000 | $ | 1,500,000 | 41983 | ||||
| TOTAL 090 Holding Account | 41984 | ||||||||||
| Redistribution Fund Group | $ | 2,874,263 | $ | 1,874,263 | 41985 | ||||||
| Accrued Leave Liability Fund Group | 41986 |
| 4M8 | 725-675 | FOP Contract | $ | 20,844 | $ | 20,844 | 41987 | ||||
| TOTAL ALF Accrued Leave | 41988 | ||||||||||
| Liability Fund Group | $ | 20,844 | $ | 20,844 | 41989 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | $ | 41990 | ||||||||
| 331,401,195 | 332,084,662 | 41991 | |||||||||
| Sec. 209.18.09. WILDLIFE LICENSE REIMBURSEMENT | 41993 |
| Notwithstanding the limits of the transfer from the General | 41994 |
| Revenue Fund to the Wildlife Fund, as adopted in section 1533.15 | 41995 |
| of the Revised Code, up to the amount available in appropriation | 41996 |
| item 725-425, Wildlife License Reimbursement, may be transferred | 41997 |
| from the General Revenue Fund to the Wildlife Fund (Fund 015). | 41998 |
| Pursuant to the certification of the Director of Budget and | 41999 |
| Management of the amount of foregone revenue in accordance with | 42000 |
| section 1533.15 of the Revised Code, the foregoing appropriation | 42001 |
| item in the General Revenue Fund, appropriation item 725-425, | 42002 |
| Wildlife License Reimbursement, shall be used to reimburse the | 42003 |
| Wildlife Fund (Fund 015) for the cost of hunting and fishing | 42004 |
| licenses and permits issued after June 30, 1990, to individuals | 42005 |
| who are exempted under the Revised Code from license, permit, and | 42006 |
| stamp fees. | 42007 |
| CANAL LANDS | 42008 |
| The foregoing appropriation item 725-456, Canal Lands, shall | 42009 |
| be used to transfer funds to the Canal Lands Fund (Fund 430) to | 42010 |
| provide operating expenses for the State Canal Lands Program. The | 42011 |
| transfer shall be made using an intrastate transfer voucher and | 42012 |
| shall be subject to the approval of the Director of Budget and | 42013 |
| Management. | 42014 |
| SOIL AND WATER DISTRICTS | 42015 |
| In addition to state payments to soil and water conservation | 42016 |
| districts authorized by section 1515.10 of the Revised Code, the | 42017 |
| Department of Natural Resources may pay to any soil and water | 42018 |
| conservation district, from authority in appropriation item | 42019 |
| 725-502, Soil and Water Districts, an annual amount not to exceed | 42020 |
| $30,000, upon receipt of a request and justification from the | 42021 |
| district and approval by the Ohio Soil and Water Conservation | 42022 |
| Commission. The county auditor shall credit the payments to the | 42023 |
| special fund established under section 1515.10 of the Revised Code | 42024 |
| for the local soil and water conservation district. Moneys | 42025 |
| received by each district shall be expended for the purposes of | 42026 |
| the district. The foregoing appropriation item 725-683, Soil and | 42027 |
| Water Districts, shall be expended for the purposes described | 42028 |
| above, except that the funding source for this appropriation shall | 42029 |
| be a fee applied on the disposal of construction and demolition | 42030 |
| debris as provided in section 1515.14 of the Revised Code, as | 42031 |
| amended by | 42032 |
| Assembly. | 42033 |
| Of the foregoing appropriation item 725-502, Soil and Water | 42034 |
| Districts, $25,000 in each fiscal year shall be used for the | 42035 |
| Conservation Action Project. | 42036 |
| Of the foregoing appropriation item, 725-683, Soil and Water | 42037 |
| Districts, $200,000 in each fiscal year shall be used to support | 42038 |
| the Heidelberg College Water Quality Laboratory. | 42039 |
| Of the foregoing appropriation item 725-683, Soil and Water | 42040 |
| Districts, $100,000 in each fiscal year shall be used to support | 42041 |
| the Muskingum Watershed Conservancy District. | 42042 |
| Of the foregoing appropriation item 725-683, Soil and Water | 42043 |
| Districts, $100,000 in each fiscal year shall be used to support | 42044 |
| the Indian Lake Watershed in Logan County. | 42045 |
| DIVISION OF WATER | 42046 |
| Of the foregoing appropriation item 733-321, Division of | 42047 |
| Water, $50,000 in fiscal year 2006 shall be used for the Fairport | 42048 |
| Harbor Port Authority boat launch in Lake County. | 42049 |
| FUND CONSOLIDATION | 42050 |
| The Director of Budget and Management shall transfer an | 42051 |
| amount certified by the Director of Natural Resources from the | 42052 |
| Central Support Indirect Fund (Fund 157) to the Law Enforcement | 42053 |
| Administration Fund (Fund 223) and the Information Services Fund | 42054 |
| (Fund 204) to implement a direct cost recovery plan. | 42055 |
| STATE PARK DEPRECIATION RESERVE | 42056 |
| The foregoing appropriation item 725-680, Parks Facilities | 42057 |
| Maintenance, shall be used by the Division of Parks and Recreation | 42058 |
| to maintain state park revenue producing facilities in the best | 42059 |
| economic operating condition and to repair and replace equipment | 42060 |
| used in the operation of state park revenue producing facilities. | 42061 |
| Upon certification of the Director of Natural Resources, the | 42062 |
| Director of Budget and Management shall transfer the cash balance | 42063 |
| in the Depreciation Reserve Fund (Fund 161), which is abolished in | 42064 |
| section 1541.221 of the Revised Code, as amended by | 42065 |
| Sub. H.B. 66 of the 126th General Assembly, to the State Park Fund | 42066 |
| (Fund 512), which is created in section 1541.22 of the Revised | 42067 |
| Code. All outstanding encumbrances shall be | 42068 |
| October 1, 2005. | 42069 |
| OIL AND GAS WELL PLUGGING | 42070 |
| The foregoing appropriation item 725-677, Oil and Gas Well | 42071 |
| Plugging, shall be used exclusively for the purposes of plugging | 42072 |
| wells and to properly restore the land surface of idle and orphan | 42073 |
| oil and gas wells pursuant to section 1509.071 of the Revised | 42074 |
| Code. No funds from the appropriation item shall be used for | 42075 |
| salaries, maintenance, equipment, or other administrative | 42076 |
| purposes, except for those costs directly attributed to the | 42077 |
| plugging of an idle or orphan well. Appropriation authority from | 42078 |
| this appropriation item shall not be transferred to any other fund | 42079 |
| or line item. | 42080 |
| LITTER CONTROL AND RECYCLING | 42081 |
| Of the foregoing appropriation item, 725-644, Litter Control | 42082 |
| and Recycling, not more than $1,500,000 may be used in each fiscal | 42083 |
| year for the administration of the Recycling and Litter Prevention | 42084 |
| program. | 42085 |
| CLEAN OHIO OPERATING EXPENSES | 42086 |
| The foregoing appropriation item 725-405, Clean Ohio | 42087 |
| Operating, shall be used by the Department of Natural Resources in | 42088 |
| administering section 1519.05 of the Revised Code. | 42089 |
| WATERCRAFT MARINE PATROL | 42090 |
| Of the foregoing appropriation item 739-401, Division of | 42091 |
| Watercraft, not more than $200,000 in each fiscal year shall be | 42092 |
| expended for the purchase of equipment for marine patrols | 42093 |
| qualifying for funding from the Department of Natural Resources | 42094 |
| pursuant to section 1547.67 of the Revised Code. Proposals for | 42095 |
| equipment shall accompany the submission of documentation for | 42096 |
| receipt of a marine patrol subsidy pursuant to section 1547.67 of | 42097 |
| the Revised Code and shall be loaned to eligible marine patrols | 42098 |
| pursuant to a cooperative agreement between the Department of | 42099 |
| Natural Resources and the eligible marine patrol. | 42100 |
| WATERCRAFT REVOLVING LOAN PROGRAM | 42101 |
| Upon certification by the Director of Natural Resources, the | 42102 |
| Director of Budget and Management shall transfer an amount not to | 42103 |
| exceed $3,000,000 in fiscal year 2006 and not to exceed $1,000,000 | 42104 |
| in fiscal year 2007 so certified from the Waterways Safety Fund | 42105 |
| (Fund 086) to the Watercraft Revolving Loans Fund (Fund 5AW). The | 42106 |
| moneys shall be used pursuant to section 1547.721 of the Revised | 42107 |
| Code. | 42108 |
| PARKS CAPITAL EXPENSES FUND | 42109 |
| There is hereby created in the state treasury the Parks | 42110 |
| Capital Expenses Fund (Fund 227). The fund shall be used to pay | 42111 |
| for design, engineering, and planning costs incurred by the | 42112 |
| Department of Natural Resources for capital parks projects. | 42113 |
| The Director of Natural Resources shall submit to the | 42114 |
| Director of Budget and Management the estimated design, | 42115 |
| engineering, and planning costs of capital-related work to be done | 42116 |
| by Department of Natural Resources staff for parks projects. If | 42117 |
| the Director of Budget and Management approves the estimated | 42118 |
| costs, the Director may release appropriations from appropriation | 42119 |
| item 725-406, Parks Projects Personnel, for those purposes. Upon | 42120 |
| release of the appropriations, the Department of Natural Resources | 42121 |
| shall pay for these expenses from the Parks Capital Expenses Fund | 42122 |
| (Fund 227). Expenses paid from Fund 227 shall be reimbursed by the | 42123 |
| Parks and Recreation Improvement Fund (Fund 035) using an | 42124 |
| intrastate transfer voucher. In fiscal year 2006 the Director of | 42125 |
| Budget and Management shall transfer, using an intrastate transfer | 42126 |
| voucher, $20,000 from the Parks and Recreation Improvement Fund | 42127 |
| (Fund 035) to the Parks Capital Expenses Fund (Fund 227). | 42128 |
| Sec. 209.24. PYT OCCUPATIONAL THERAPY, PHYSICAL THERAPY, AND | 42129 |
| ATHLETIC TRAINERS BOARD | 42130 |
| General Services Fund Group | 42131 |
| 4K9 | 890-609 | Operating Expenses | $ | 824,057 | $ | 42132 | |||||
| TOTAL GSF General Services Fund Group | $ | 824,057 | $ | 42133 | |||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 824,057 | $ | 42134 | |||||||
| Sec. 209.30. ODB OHIO OPTICAL DISPENSERS BOARD | 42136 |
| General Services Fund Group | 42137 |
| 4K9 | 894-609 | Operating Expenses | $ | 316,517 | $ | 42138 | |||||
| TOTAL GSF General Services | 42139 | ||||||||||
| Fund Group | $ | 316,517 | $ | 42140 | |||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 316,517 | $ | 42141 | |||||||
| Sec. 209.33. OPT STATE BOARD OF OPTOMETRY | 42143 |
| General Services Fund Group | 42144 |
| 4K9 | 885-609 | Operating Expenses | $ | 336,771 | $ | 42145 | |||||
| TOTAL GSF General Services | 42146 | ||||||||||
| Fund Group | $ | 336,771 | $ | 42147 | |||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 336,771 | $ | 42148 | |||||||
| Sec. 209.36. OPP STATE BOARD OF ORTHOTICS, PROSTHETICS, AND | 42150 |
| PEDORTHICS | 42151 |
| General Services Fund Group | 42152 |
| 4K9 | 973-609 | Operating Expenses | $ | 99,571 | $ | 42153 | |||||
| TOTAL GSF General Services | 42154 | ||||||||||
| Fund Group | $ | 99,571 | $ | 42155 | |||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 99,571 | $ | 42156 | |||||||
| Sec. 209.45. PSY STATE BOARD OF PSYCHOLOGY | 42157 |
| General Services Fund Group | 42158 |
| 4K9 | 882-609 | Operating Expenses | $ | 566,112 | $ | 42159 | |||||
| TOTAL GSF General Services | 42160 | ||||||||||
| Fund Group | $ | 566,112 | $ | 42161 | |||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 566,112 | $ | 42162 | |||||||
| Sec. 209.63. BOR BOARD OF REGENTS | 42164 |
| General Revenue Fund | 42165 |
| GRF | 235-321 | Operating Expenses | $ | 2,897,659 | $ | 2,966,351 | 42166 | ||||
| GRF | 235-401 | Lease Rental Payments | $ | 200,619,200 | $ | 200,795,300 | 42167 | ||||
| GRF | 235-402 | Sea Grants | $ | 231,925 | $ | 231,925 | 42168 | ||||
| GRF | 235-406 | Articulation and Transfer | $ | 2,900,000 | $ | 2,900,000 | 42169 | ||||
| GRF | 235-408 | Midwest Higher Education Compact | $ | 90,000 | $ | 90,000 | 42170 | ||||
| GRF | 235-409 | Information System | $ | 1,146,510 | $ | 1,175,172 | 42171 | ||||
| GRF | 235-414 | State Grants and Scholarship Administration | $ | 1,352,811 | $ | 1,382,881 | 42172 | ||||
| GRF | 235-415 | Jobs Challenge | $ | 9,348,300 | $ | 9,348,300 | 42173 | ||||
| GRF | 235-417 | Ohio Learning Network | $ | 3,119,496 | $ | 3,119,496 | 42174 | ||||
| GRF | 235-418 | Access Challenge | $ | 73,513,302 | $ | 73,004,671 | 42175 | ||||
| GRF | 235-420 | Success Challenge | $ | 52,601,934 | $ | 52,601,934 | 42176 | ||||
| GRF | 235-428 | Appalachian New Economy Partnership | $ | 1,176,068 | $ | 1,176,068 | 42177 | ||||
| GRF | 235-433 | Economic Growth Challenge | $ | 20,343,097 | $ | 23,186,194 | 42178 | ||||
| GRF | 235-434 | College Readiness and Access | $ | 6,375,975 | $ | 7,655,425 | 42179 | ||||
| GRF | 235-435 | Teacher Improvement Initiatives | $ | 2,697,506 | $ | 2,697,506 | 42180 | ||||
| GRF | 235-451 | Eminent Scholars | $ | 0 | $ | 1,370,988 | 42181 | ||||
| GRF | 235-455 | EnterpriseOhio Network | $ | 1,373,941 | $ | 1,373,941 | 42182 | ||||
| GRF | 235-474 | Area Health Education Centers Program Support | $ | 1,571,756 | $ | 1,571,756 | 42183 | ||||
| GRF | 235-501 | State Share of Instruction | $ | 1,559,096,031 | $ | 1,589,096,031 | 42184 | ||||
| GRF | 235-502 | Student Support Services | $ | 795,790 | $ | 795,790 | 42185 | ||||
| GRF | 235-503 | Ohio Instructional Grants | $ | 121,151,870 | $ | 92,496,969 | 42186 | ||||
| GRF | 235-504 | War Orphans Scholarships | $ | 4,672,321 | $ | 4,672,321 | 42187 | ||||
| GRF | 235-507 | OhioLINK | $ | 6,887,824 | $ | 6,887,824 | 42188 | ||||
| GRF | 235-508 | Air Force Institute of Technology | $ | 1,925,345 | $ | 1,925,345 | 42189 | ||||
| GRF | 235-510 | Ohio Supercomputer Center | $ | 4,271,195 | $ | 4,271,195 | 42190 | ||||
| GRF | 235-511 | Cooperative Extension Service | $ | 25,644,863 | $ | 25,644,863 | 42191 | ||||
| GRF | 235-513 | Ohio University Voinovich Center | $ | 336,082 | $ | 336,082 | 42192 | ||||
| GRF | 235-515 | Case Western Reserve University School of Medicine | $ | 3,011,271 | $ | 3,011,271 | 42193 | ||||
| GRF | 235-518 | Capitol Scholarship Program | $ | 125,000 | $ | 125,000 | 42194 | ||||
| GRF | 235-519 | Family Practice | $ | 4,548,470 | $ | 4,548,470 | 42195 | ||||
| GRF | 235-520 | Shawnee State Supplement | $ | 1,918,830 | $ | 1,822,889 | 42196 | ||||
| GRF | 235-521 | The Ohio State University Glenn Institute | $ | 286,082 | $ | 286,082 | 42197 | ||||
| GRF | 235-524 | Police and Fire Protection | $ | 171,959 | $ | 171,959 | 42198 | ||||
| GRF | 235-525 | Geriatric Medicine | $ | 750,110 | $ | 750,110 | 42199 | ||||
| GRF | 235-526 | Primary Care Residencies | $ | 2,245,688 | $ | 2,245,688 | 42200 | ||||
| GRF | 235-527 | Ohio Aerospace Institute | $ | 1,764,957 | $ | 1,764,957 | 42201 | ||||
| GRF | 235-530 | Academic Scholarships | $ | 7,800,000 | $ | 7,800,000 | 42202 | ||||
| GRF | 235-531 | Student Choice Grants | $ | 50,853,276 | $ | 52,985,376 | 42203 | ||||
| GRF | 235-534 | Student Workforce Development Grants | $ | 2,137,500 | $ | 2,137,500 | 42204 | ||||
| GRF | 235-535 | Ohio Agricultural Research and Development Center | $ | 35,955,188 | $ | 35,955,188 | 42205 | ||||
| GRF | 235-536 | The Ohio State University Clinical Teaching | $ | 13,565,885 | $ | 13,565,885 | 42206 | ||||
| GRF | 235-537 | University of Cincinnati Clinical Teaching | $ | 11,157,756 | $ | 11,157,756 | 42207 | ||||
| GRF | 235-538 | Medical University of Ohio at Toledo Clinical Teaching | $ | 8,696,866 | $ | 8,696,866 | 42208 | ||||
| GRF | 235-539 | Wright State University Clinical Teaching | $ | 4,225,107 | $ | 4,225,107 | 42209 | ||||
| GRF | 235-540 | Ohio University Clinical Teaching | $ | 4,084,540 | $ | 4,084,540 | 42210 | ||||
| GRF | 235-541 | Northeastern Ohio Universities College of Medicine Clinical Teaching | $ | 4,200,945 | $ | 4,200,945 | 42211 | ||||
| GRF | 235-543 | Ohio College of Podiatric Medicine Clinic Subsidy | $ | 250,000 | $ | 250,000 | 42212 | ||||
| GRF | 235-547 | School of International Business | $ | 450,000 | $ | 450,000 | 42213 | ||||
| GRF | 235-549 | Part-time Student Instructional Grants | $ | 14,457,721 | $ | 10,534,617 | 42214 | ||||
| GRF | 235-552 | Capital Component | $ | $ | 42215 | ||||||
| GRF | 235-553 | Dayton Area Graduate Studies Institute | $ | 2,806,599 | $ | 2,806,599 | 42216 | ||||
| GRF | 235-554 | Priorities in Collaborative Graduate Education | $ | 2,355,548 | $ | 2,355,548 | 42217 | ||||
| GRF | 235-555 | Library Depositories | $ | 1,696,458 | $ | 1,696,458 | 42218 | ||||
| GRF | 235-556 | Ohio Academic Resources Network | $ | 3,727,223 | $ | 3,727,223 | 42219 | ||||
| GRF | 235-558 | Long-term Care Research | $ | 211,047 | $ | 211,047 | 42220 | ||||
| GRF | 235-561 | Bowling Green State University Canadian Studies Center | $ | 100,015 | $ | 100,015 | 42221 | ||||
| GRF | 235-563 | Ohio College Opportunity Grant | $ | 0 | $ | 58,144,139 | 42222 | ||||
| GRF | 235-572 | The Ohio State University Clinic Support | $ | 1,277,019 | $ | 1,277,019 | 42223 | ||||
| GRF | 235-583 | Urban University Program | $ | 4,992,937 | $ | 4,992,937 | 42224 | ||||
| GRF | 235-587 | Rural University Projects | $ | 1,147,889 | $ | 1,147,889 | 42225 | ||||
| GRF | 235-596 | Hazardous Materials Program | $ | 360,435 | $ | 360,435 | 42226 | ||||
| GRF | 235-599 | National Guard Scholarship Program | $ | 15,128,472 | $ | 16,611,063 | 42227 | ||||
| GRF | 235-909 | Higher Education General Obligation Debt Service | $ | 137,600,300 | $ | 152,114,100 | 42228 | ||||
| TOTAL GRF General Revenue Fund | $ | |
$ | 42229 | |||||||
| General Services Fund Group | 42230 |
| 220 | 235-614 | Program Approval and Reauthorization | $ | 400,000 | $ | 400,000 | 42231 | ||||
| 456 | 235-603 | Sales and Services | $ | 700,000 | $ | 900,000 | 42232 | ||||
| TOTAL GSF General Services | 42233 | ||||||||||
| Fund Group | $ | 1,100,000 | $ | 1,300,000 | 42234 | ||||||
| Federal Special Revenue Fund Group | 42235 |
| 3H2 | 235-608 | Human Services Project | $ | 1,500,000 | $ | 1,500,000 | 42236 | ||||
| 3H2 | 235-622 | Medical Collaboration Network | $ | 3,346,143 | $ | 3,346,143 | 42237 | ||||
| 3N6 | 235-605 | State Student Incentive Grants | $ | 2,196,680 | $ | 2,196,680 | 42238 | ||||
| 3T0 | 235-610 | National Health Service Corps - Ohio Loan Repayment | $ | 150,001 | $ | 150,001 | 42239 | ||||
| 312 | 235-609 | Tech Prep | $ | 183,850 | $ | 183,850 | 42240 | ||||
| 312 | 235-611 | Gear-up Grant | $ | 1,370,691 | $ | 1,370,691 | 42241 | ||||
| 312 | 235-612 | Carl D. Perkins Grant/Plan Administration | $ | 112,960 | $ | 112,960 | 42242 | ||||
| 312 | 235-615 | Professional Development | $ | 523,129 | $ | 523,129 | 42243 | ||||
| 312 | 235-617 | Improving Teacher Quality Grant | $ | 2,900,000 | $ | 2,900,000 | 42244 | ||||
| 312 | 235-619 | Ohio Supercomputer Center | $ | 6,000,000 | $ | 6,000,000 | 42245 | ||||
| 312 | 235-621 | Science Education Network | $ | 1,686,970 | $ | 1,686,970 | 42246 | ||||
| 312 | 235-631 | Federal Grants | $ | 250,590 | $ | 250,590 | 42247 | ||||
| TOTAL FED Federal Special Revenue | 42248 | ||||||||||
| Fund Group | $ | 20,221,014 | $ | 20,221,014 | 42249 | ||||||
| State Special Revenue Fund Group | 42250 |
| 4E8 | 235-602 | Higher Educational Facility Commission Administration | $ | 55,000 | $ | 55,000 | 42251 | ||||
| 4P4 | 235-604 | Physician Loan Repayment | $ | 476,870 | $ | 476,870 | 42252 | ||||
| 649 | 235-607 | The Ohio State University Highway/Transportation Research | $ | 760,000 | $ | 760,000 | 42253 | ||||
| 682 | 235-606 | Nursing Loan Program | $ | 893,000 | $ | 893,000 | 42254 | ||||
| TOTAL SSR State Special Revenue | 42255 | ||||||||||
| Fund Group | $ | 2,184,870 | $ | 2,184,870 | 42256 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | |
$ | 42257 | |||||||
| Sec. 209.63.42. COLLEGE READINESS AND ACCESS | 42259 |
| Appropriation item 235-434, College Readiness and Access, | 42260 |
| shall be used by the Board of Regents to support programs designed | 42261 |
| to improve the academic preparation and increase the number of | 42262 |
| students that enroll and succeed in higher education such as the | 42263 |
| Ohio College Access Network, the state match for the federal | 42264 |
| Gaining Early Awareness and Readiness for Undergraduate Program, | 42265 |
| and early awareness initiatives. The appropriation item shall also | 42266 |
| be used to support innovative statewide strategies to increase | 42267 |
| student access and retention for specialized populations, and to | 42268 |
| provide for pilot projects that will contribute to improving | 42269 |
| access to higher education by specialized populations. The funds | 42270 |
| may be used for projects that improve access for nonpublic | 42271 |
| secondary students. | 42272 |
| Of the foregoing appropriation item 235-434, College | 42273 |
| Readiness and Access, $798,684 in fiscal year 2006 and $822,645 in | 42274 |
| fiscal year 2007 shall be distributed to the Ohio Appalachian | 42275 |
| Center for Higher Education at Shawnee State University. The board | 42276 |
| of directors of the Center shall consist of the presidents of | 42277 |
| Shawnee State University, | 42278 |
| College, Hocking College, Jefferson Community College, Zane State | 42279 |
| College, Rio Grande Community College, Southern State Community | 42280 |
| College, and Washington State Community College; the president of | 42281 |
| Ohio University or a designee of the president; the dean of one of | 42282 |
| the Salem, Tuscarawas, and East Liverpool regional campuses of | 42283 |
| Kent State University, as designated by the president of Kent | 42284 |
| State University; and a representative of the Board of Regents | 42285 |
| designated by the Chancellor. | 42286 |
| Of the foregoing appropriation item 235-434, College | 42287 |
| Readiness and Access, $169,553 in fiscal year 2006 and $174,640 in | 42288 |
| fiscal year 2007 shall be distributed to Miami University for the | 42289 |
| Student Achievement in Research and Scholarship (STARS) Program. | 42290 |
| Of the foregoing appropriation item 235-434, College | 42291 |
| Readiness and Access, $1,574,535 in fiscal year 2006 and | 42292 |
| $2,753,985 in fiscal year 2007 shall be used in conjunction with | 42293 |
| funding provided in the Ohio Department of Education budget under | 42294 |
| appropriation item 200-431, School Improvement Initiatives, to | 42295 |
| support the Early College High School Pilot Program. The funds | 42296 |
| shall be distributed according to guidelines established by the | 42297 |
| Department of Education and the Board of Regents. | 42298 |
| Sec. 209.64.60. RURAL UNIVERSITY PROJECTS | 42299 |
| Of the foregoing appropriation item 235-587, Rural University | 42300 |
| Projects, Bowling Green State University shall receive $263,783 in | 42301 |
| each fiscal year, Miami University shall receive $245,320 in each | 42302 |
| fiscal year, and Ohio University shall receive $575,015 in each | 42303 |
| fiscal year. These funds shall be used to support the Institute | 42304 |
| for Local Government Administration and Rural Development at Ohio | 42305 |
| University, the Center for Public Management and Regional Affairs | 42306 |
|
at Miami
University, and the Center for | 42307 |
| 42308 |
| A small portion of the funds provided to Ohio University | 42309 |
| shall also be used for the Institute for Local Government | 42310 |
| Administration and Rural Development State and Rural Policy | 42311 |
| Partnership with the Governor's Office of Appalachia and the | 42312 |
| Appalachian delegation of the General Assembly. | 42313 |
| Of the foregoing appropriation item 235-587, Rural University | 42314 |
| Projects, $15,942 in each fiscal year shall be used to support the | 42315 |
| Washington State Community College day care center. | 42316 |
| Of the foregoing appropriation item 235-587, Rural University | 42317 |
| Projects, $47,829 in each fiscal year shall be used to support the | 42318 |
| COAD/ILGARD/GOA Appalachian Leadership Initiative. | 42319 |
| Sec. 209.72. RSC REHABILITATION SERVICES COMMISSION | 42320 |
| General Revenue Fund | 42321 |
| GRF | 415-100 | Personal Services | $ | 8,851,468 | $ | 8,851,468 | 42322 | ||||
| GRF | 415-402 | Independent Living Council | $ | 12,280 | $ | 42323 | |||||
| GRF | 415-403 | Mental Health Services | $ | 717,221 | $ | 717,221 | 42324 | ||||
| GRF | 415-404 | MR/DD Services | $ | 1,260,816 | $ | 1,260,816 | 42325 | ||||
| GRF | 415-405 | Vocational Rehabilitation/Job and Family Services | $ | 536,912 | $ | 536,912 | 42326 | ||||
| GRF | 415-406 | Assistive Technology | $ | 47,531 | $ | 47,531 | 42327 | ||||
| GRF | 415-431 | Office for People with Brain Injury | $ | 226,012 | $ | 226,012 | 42328 | ||||
| GRF | 415-506 | Services for People with Disabilities | $ | 12,185,215 | $ | 12,185,215 | 42329 | ||||
| GRF | 415-508 | Services for the Deaf | $ | 50,000 | $ | 50,000 | 42330 | ||||
| GRF | 415-509 | Services for the Elderly | $ | 359,377 | $ | 359,377 | 42331 | ||||
| GRF | 415-520 | Independent Living Services | $ | 50,000 | $ | 50,000 | 42332 | ||||
| TOTAL GRF General Revenue Fund | $ | 24,296,832 | $ | 42333 | |||||||
| General Services Fund Group | 42334 |
| 4W5 | 415-606 | Program Management Expenses | $ | 18,557,040 | $ | 18,557,040 | 42335 | ||||
| 467 | 415-609 | Business Enterprise Operating Expenses | $ | 1,632,082 | $ | 1,632,082 | 42336 | ||||
| TOTAL GSF General Services | 42337 | ||||||||||
| Fund Group | $ | 20,189,122 | $ | 20,189,122 | 42338 | ||||||
| Federal Special Revenue Fund Group | 42339 |
| 3L1 | 415-601 | Social Security Personal Care Assistance | $ | 3,743,740 | $ | 3,743,740 | 42340 | ||||
| 3L1 | 415-605 | Social Security Community Centers for the Deaf | $ | 1,100,488 | $ | 1,100,488 | 42341 | ||||
| 3L1 | 415-607 | Social Security Administration Cost | $ | 175,860 | $ | 175,860 | 42342 | ||||
| 3L1 | 415-608 | Social Security Special Programs/Assistance | $ | 2,246,991 | $ | 131,716 | 42343 | ||||
| 3L1 | 415-610 | Social Security Vocational Rehabilitation | $ | 1,336,324 | $ | 1,338,324 | 42344 | ||||
| 3L1 | 415-614 | Social Security Independent Living | $ | 154,942 | $ | 0 | 42345 | ||||
| 3L4 | 415-612 | Federal Independent Living Centers or Services | $ | 894,662 | $ | 686,520 | 42346 | ||||
| 3L4 | 415-615 | Federal - Supported Employment | $ | 1,338,191 | $ | 1,338,191 | 42347 | ||||
| 3L4 | 415-617 | Independent Living/Vocational Rehabilitation Programs | $ | 1,508,885 | $ | 1,608,885 | 42348 | ||||
| 317 | 415-620 | Disability Determination | $ | 82,870,347 | $ | 87,999,369 | 42349 | ||||
| 379 | 415-616 | Federal - Vocational Rehabilitation | $ | 123,565,158 | $ | 119,998,470 | 42350 | ||||
| TOTAL FED Federal Special | 42351 | ||||||||||
| Revenue Fund Group | $ | 218,935,588 | $ | 218,121,563 | 42352 | ||||||
| State Special Revenue Fund Group | 42353 |
| 4L1 | 415-619 | Services for Rehabilitation | $ | 4,500,000 | $ | 4,500,000 | 42354 | ||||
| 468 | 415-618 | Third Party Funding | $ | 1,055,407 | $ | 1,105,407 | 42355 | ||||
| TOTAL SSR State Special | 42356 | ||||||||||
| Revenue Fund Group | $ | 5,555,407 | $ | 5,605,407 | 42357 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 268,976,949 | $ | 42358 | |||||||
| INDEPENDENT LIVING COUNCIL | 42359 |
| The foregoing appropriation item 415-402, Independent Living | 42360 |
| Council, shall be used to fund the operations of the State | 42361 |
| Independent Living Council. | 42362 |
| MENTAL HEALTH SERVICES | 42363 |
| The foregoing appropriation item 415-403, Mental Health | 42364 |
| Services, shall be used for the provision of vocational | 42365 |
| rehabilitation services to mutually eligible consumers of the | 42366 |
| Rehabilitation Services Commission and the Department of Mental | 42367 |
| Health. | 42368 |
| The Rehabilitation Services Commission shall provide the | 42369 |
| Department of Mental Health a quarterly report stating the numbers | 42370 |
| served, numbers placed in employment, average hourly wage, and | 42371 |
| average hours worked. | 42372 |
| MR/DD SERVICES | 42373 |
| The foregoing appropriation item 415-404, MR/DD Services, | 42374 |
| shall be used as state matching funds to provide vocational | 42375 |
| rehabilitation services to mutually eligible clients between the | 42376 |
| Rehabilitation Services Commission and the Department of Mental | 42377 |
| Retardation and Developmental Disabilities. The Rehabilitation | 42378 |
| Services Commission shall report to the Department of Mental | 42379 |
| Retardation and Developmental Disabilities, as outlined in an | 42380 |
| interagency agreement, on the number and status of mutually | 42381 |
| eligible clients and the status of the funds and expenditures for | 42382 |
| these clients. | 42383 |
| VOCATIONAL REHABILITATION/JOB AND FAMILY SERVICES | 42384 |
| The foregoing appropriation item 415-405, Vocational | 42385 |
| Rehabilitation/Job and Family Services, shall be used as state | 42386 |
| matching funds to provide vocational rehabilitation services to | 42387 |
| mutually eligible clients between the Rehabilitation Services | 42388 |
| Commission and the Department of Job and Family Services. The | 42389 |
| Rehabilitation Services Commission shall report to the Department | 42390 |
| of Job and Family Services, as outlined in an interagency | 42391 |
| agreement, on the number and status of mutually eligible clients | 42392 |
| and the status of the funds and expenditures for these clients. | 42393 |
| ASSISTIVE TECHNOLOGY | 42394 |
| The foregoing appropriation item 415-406, Assistive | 42395 |
| Technology, shall be provided to Assistive Technology of Ohio and | 42396 |
| shall be used only to provide grants under that program. No amount | 42397 |
| of the appropriation may be used for administrative costs. | 42398 |
| OFFICE FOR PEOPLE WITH BRAIN INJURY | 42399 |
| Of the foregoing appropriation item 415-431, Office for | 42400 |
| People with Brain Injury, up to $50,000 in each fiscal year shall | 42401 |
| be used for the state match for a federal grant awarded through | 42402 |
| the Traumatic Brain Injury Act, Pub. L. No. 104-166, and up to | 42403 |
| $50,000 in each fiscal year shall be provided to the Brain Injury | 42404 |
| Trust Fund. The remaining appropriation shall be used to plan and | 42405 |
| coordinate head-injury-related services provided by state agencies | 42406 |
| and other government or private entities, to assess the needs for | 42407 |
| such services, and to set priorities in this area. | 42408 |
| SERVICES FOR THE DEAF | 42409 |
| The foregoing appropriation item 415-508, Services for the | 42410 |
| Deaf, shall be used to supplement Social Security reimbursement | 42411 |
| funds used to provide grants to community centers for the deaf. | 42412 |
| These funds shall not be used in lieu of Social Security | 42413 |
| reimbursement funds. | 42414 |
| SERVICES FOR THE ELDERLY | 42415 |
| The foregoing appropriation item 415-509, Services for the | 42416 |
| Elderly, shall be used as matching funds for vocational | 42417 |
| rehabilitation services for eligible elderly citizens with a | 42418 |
| disability. | 42419 |
| INDEPENDENT LIVING SERVICES | 42420 |
| The foregoing appropriation items 415-520, Independent Living | 42421 |
| Services, and 415-612, Federal - Independent Living Centers or | 42422 |
| Services, shall be used to support state independent living | 42423 |
| centers or independent living services under Title VII of the | 42424 |
| Independent Living Services and Centers for Independent Living of | 42425 |
| the Rehabilitation Act Amendments of 1992, 106 Stat. 4344, 29 | 42426 |
| U.S.C. 796d. | 42427 |
| PROGRAM MANAGEMENT EXPENSES | 42428 |
| The foregoing appropriation item 415-606, Program Management | 42429 |
| Expenses, shall be used to support the administrative functions of | 42430 |
| the commission related to the provision of vocational | 42431 |
| rehabilitation, disability determination services, and ancillary | 42432 |
| programs. | 42433 |
| INDEPENDENT LIVING/VOCATIONAL REHABILITATION PROGRAMS | 42434 |
| The foregoing appropriation item 415-617, Independent | 42435 |
| Living/Vocational Rehabilitation Programs, shall be used to | 42436 |
| support vocational rehabilitation programs, including, but not | 42437 |
| limited to, high tech high schools, training, and brain injury | 42438 |
| grants. | 42439 |
| SOCIAL SECURITY REIMBURSEMENT FUNDS | 42440 |
| Reimbursement funds received from the Social Security | 42441 |
| Administration, United States Department of Health and Human | 42442 |
| Services, for the costs of providing services and training to | 42443 |
| return disability recipients to gainful employment shall be used | 42444 |
| in the Social Security Reimbursement Fund (Fund 3L1), as follows: | 42445 |
| (A) Appropriation item 415-601, Social Security Personal Care | 42446 |
| Assistance, to provide personal care services in accordance with | 42447 |
| section 3304.41 of the Revised Code; | 42448 |
| (B) Appropriation item 415-605, Social Security Community | 42449 |
| Centers for the Deaf, to provide grants to community centers for | 42450 |
| the deaf in Ohio for services to individuals with hearing | 42451 |
| impairments; | 42452 |
| (C) Appropriation item 415-607, Social Security | 42453 |
| Administration Cost, to provide administrative services needed to | 42454 |
| administer the Social Security reimbursement program; | 42455 |
| (D) Appropriation item 415-608, Social Security Special | 42456 |
| Programs/Assistance, to provide vocational rehabilitation services | 42457 |
| to individuals with severe disabilities who are Social Security | 42458 |
| beneficiaries, to enable them to achieve competitive employment. | 42459 |
| This appropriation item also includes funds to assist the Personal | 42460 |
| Care Assistance, Community Centers for the Deaf, and Independent | 42461 |
| Living Programs to pay their share of indirect costs as mandated | 42462 |
| by federal OMB Circular A-87. | 42463 |
| (E) Appropriation item 415-610, Social Security Vocational | 42464 |
| Rehabilitation, to provide vocational rehabilitation services to | 42465 |
| older blind individuals with severe disabilities to enable them to | 42466 |
| achieve a noncompetitive employment goal. | 42467 |
| PILOT PROGRAM FOR VOCATIONAL REHABILITATION | 42468 |
| During fiscal years 2006 and 2007, the Rehabilitation | 42469 |
| Services Commission may conduct a pilot program to provide | 42470 |
| vocational rehabilitation and related services to entities, | 42471 |
| employers, or individuals that are not eligible for state- or | 42472 |
| federally-supported services through the commission. The | 42473 |
| commission shall propose fees to be collected from the entities, | 42474 |
| employers, or individuals served by the pilot program to support | 42475 |
| the costs for vocational rehabilitation and related services | 42476 |
| provided under the pilot program. Fee revenues collected under the | 42477 |
| program shall be credited to Fund 468 (Third Party Funding). | 42478 |
| During implementation of the pilot program, the Rehabilitation | 42479 |
| Services Commission shall investigate and determine the | 42480 |
| possibility of utilizing this source of revenue to match federal | 42481 |
| funds. The Rehabilitation Services Commission shall evaluate the | 42482 |
| progress of the pilot program and issue a report of its findings | 42483 |
| to the Governor not later than December 15, 2007. The report shall | 42484 |
| include a recommendation to either continue or discontinue the | 42485 |
| pilot program in the next biennium. | 42486 |
| Sec. 209.75. RCB RESPIRATORY CARE BOARD | 42487 |
| General Services Fund Group | 42488 |
| 4K9 | 872-609 | Operating Expenses | $ | 441,987 | $ | 42489 | |||||
| TOTAL GSF General Services | 42490 | ||||||||||
| Fund Group | $ | 441,987 | $ | 42491 | |||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 441,987 | $ | 42492 | |||||||
| Sec. 209.78.03. GENERAL REVENUE FUND TRANSFERS TO LOCAL | 42494 |
| GOVERNMENT PROPERTY TAX REPLACEMENT – BUSINESS (FUND 081) | 42495 |
| Notwithstanding any provision of law to the contrary, in | 42496 |
| fiscal year 2006 and fiscal year 2007, the Director of Budget and | 42497 |
| Management | 42498 |
| 42499 | |
| 42500 | |
| Replacement – Business (Fund 081) in the Revenue Distribution | 42501 |
| Fund | 42502 |
| reimburse local taxing units under section 5751.22 of the Revised | 42503 |
| Code. Also, in fiscal year 2006 and fiscal year 2007, the Director | 42504 |
| of Budget and Management may make temporary transfers from the | 42505 |
| General Revenue Fund to ensure sufficient balances in the Local | 42506 |
| Government Property Tax Replacement - Business Fund (Fund 081) and | 42507 |
| to replenish the General Revenue Fund for such transfers. | 42508 |
| Sec. 209.81. SAN BOARD OF SANITARIAN REGISTRATION | 42509 |
| General Services Fund Group | 42510 |
| 4K9 | 893-609 | Operating Expenses | $ | 134,279 | $ | 42511 | |||||
| TOTAL GSF General Services | 42512 | ||||||||||
| Fund Group | $ | 134,279 | $ | 42513 | |||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 134,279 | $ | 42514 | |||||||
| Sec. 209.90.06. EXTREME ENVIRONMENTAL CONTAMINATION OF | 42516 |
| SCHOOL FACILITIES | 42517 |
| Notwithstanding any other provision of law to the contrary, | 42518 |
| the School Facilities Commission may provide assistance under the | 42519 |
| Exceptional Needs School Facilities Program established in section | 42520 |
| 3318.37 of the Revised Code to any school district, and not | 42521 |
|
exclusively to a school district in
the lowest | 42522 |
| per cent of adjusted valuation per pupil on the current ranking of | 42523 |
| school districts established under section 3317.02 of the Revised | 42524 |
| Code, for the purpose of the relocation or replacement of school | 42525 |
| facilities required as a result of extreme environmental | 42526 |
| contamination. | 42527 |
| The School Facilities Commission shall contract with an | 42528 |
| independent environmental consultant to conduct a study and to | 42529 |
| report to the commission as to the seriousness of the | 42530 |
| environmental contamination, whether the contamination violates | 42531 |
| applicable state and federal standards, and whether the facilities | 42532 |
| are no longer suitable for use as school facilities. The | 42533 |
| commission then shall make a determination regarding funding for | 42534 |
| the relocation or replacement of the school facilities. If the | 42535 |
| federal government or other public or private entity provides | 42536 |
| funds for restitution of costs incurred by the state or school | 42537 |
| district in the relocation or replacement of the school | 42538 |
| facilities, the school district shall use such funds in excess of | 42539 |
| the school district's share to refund the state for the state's | 42540 |
| contribution to the environmental contamination portion of the | 42541 |
| project. The school district may apply an amount of such | 42542 |
| restitution funds up to an amount equal to the school district's | 42543 |
| portion of the project, as defined by the commission, toward | 42544 |
| paying its portion of that project to reduce the amount of bonds | 42545 |
| the school district otherwise must issue to receive state | 42546 |
| assistance under sections 3318.01 to 3318.20 of the Revised Code. | 42547 |
| Sec. 212.03. SPE BOARD OF SPEECH-LANGUAGE PATHOLOGY & | 42548 |
| AUDIOLOGY | 42549 |
| General Services Fund Group | 42550 |
| 4K9 | 886-609 | Operating Expenses | $ | 408,864 | $ | 42551 | |||||
| TOTAL GSF General Services | 42552 | ||||||||||
| Fund Group | $ | 408,864 | $ | 42553 | |||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 408,864 | $ | 42554 | |||||||
| Sec. 212.24. OVH OHIO VETERANS' HOME | 42556 |
| General Revenue Fund | 42557 |
| GRF | 430-100 | Personal Services | $ | $ | 42558 | ||||||
| GRF | 430-200 | Maintenance | $ | $ | 42559 | ||||||
| TOTAL GRF General Revenue Fund | $ | $ | 42560 | ||||||||
| General Services Fund Group | 42561 |
| 484 | 430-603 | Rental and Service Revenue | $ | 882,737 | $ | 882,737 | 42562 | ||||
| TOTAL GSF General Services Fund Group | $ | 882,737 | $ | 882,737 | 42563 | ||||||
| Federal Special Revenue Fund Group | 42564 |
| 3L2 | 430-601 | Federal VA Per Diem Grant | $ | 14,990,510 | $ | 15,290,320 | 42565 | ||||
| TOTAL FED Federal Special Revenue | 42566 | ||||||||||
| Fund Group | $ | 14,990,510 | $ | 15,290,320 | 42567 | ||||||
| State Special Revenue Fund Group | 42568 |
| 4E2 | 430-602 | Veterans Home Operating | $ | 8,322,731 | $ | 8,530,800 | 42569 | ||||
| 604 | 430-604 | Veterans Home Improvement | $ | 770,096 | $ | 770,096 | 42570 | ||||
| TOTAL SSR State Special Revenue | 42571 | ||||||||||
| Fund Group | $ | 9,092,827 | $ | 9,300,896 | 42572 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | $ | 42573 | ||||||||
| Notwithstanding any other provision of law to the contrary, | 42574 |
| in fiscal year 2006 and in fiscal year 2007, the Director of | 42575 |
| Budget and Management may transfer cash from SSR Fund 604, | 42576 |
| Veterans Home Improvement Fund, to SSR Fund 4E2, Veterans Home | 42577 |
| Operating Fund. Any cash transfer described in this section shall | 42578 |
| be used in accordance with section 5907.131 of the Revised Code. | 42579 |
| The amount transferred by the Director is hereby appropriated to | 42580 |
| foregoing SSR appropriation item 430-602, Veterans Home Operating | 42581 |
| (Fund 4E2). | 42582 |
| Within thirty days after the conclusion of each fiscal | 42583 |
| quarter, the Ohio Veterans' Home Agency shall submit a report on | 42584 |
| the status of the Agency's fiscal operations to the Governor, | 42585 |
| President of the Senate, Minority Leader of the Senate, Speaker of | 42586 |
| the House of Representatives, and Minority Leader of the House of | 42587 |
| Representatives. | 42588 |
| Sec. 212.27. VET VETERANS' ORGANIZATIONS | 42589 |
| General Revenue Fund | 42590 |
| 42591 |
| GRF | 743-501 | State Support | $ | 25,030 | $ | 25,030 | 42592 |
| 42593 |
| GRF | 746-501 | State Support | $ | 55,012 | $ | 55,012 | 42594 |
| 42595 |
| GRF | 747-501 | State Support | $ | 49,453 | $ | 49,453 | 42596 |
| 42597 |
| GRF | 748-501 | State Support | $ | 29,715 | $ | 29,715 | 42598 |
| 42599 |
| GRF | 749-501 | State Support | $ | 57,990 | $ | 57,990 | 42600 |
| 42601 |
| GRF | 750-501 | State Support | $ | 56,377 | $ | 56,377 | 42602 |
| 42603 |
| GRF | 751-501 | State Support | $ | 185,954 | $ | 185,954 | 42604 |
| 42605 |
| GRF | 752-501 | State Support | $ | 302,328 | $ | 302,328 | 42606 |
| 42607 |
| GRF | 753-501 | State Support | $ | 287,919 | $ | 287,919 | 42608 |
| 42609 |
| GRF | 754-501 | State Support | $ | 216,308 | $ | 216,308 | 42610 |
| 42611 |
| GRF | 756-501 | State Support | $ | 115,972 | $ | 115,972 | 42612 |
| 42613 |
| GRF | 757-501 | State Support | $ | 5,946 | $ | 5,946 | 42614 |
| 42615 |
| GRF | 758-501 | State Support | $ | 246,615 | $ | 246,615 | 42616 |
| TOTAL GRF General Revenue Fund | $ | 1,634,619 | $ | 1,634,619 | 42617 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,634,619 | $ | 1,634,619 | 42618 | ||||||
| RELEASE OF FUNDS | 42619 |
| The foregoing appropriation items 743-501, 746-501, 747-501, | 42620 |
| 748-501, 749-501, 750-501, 751-501, 752-501, 753-501, 754-501, | 42621 |
| 756-501, 757-501, and 758-501, State Support, shall be released | 42622 |
| upon approval by the Director of Budget and Management. | 42623 |
| CENTRAL OHIO UNITED SERVICES ORGANIZATION | 42624 |
| Of the foregoing appropriation item 751-501, State Support, | 42625 |
| Vietnam Veterans of America, $50,000 in each fiscal year shall be | 42626 |
| used to support the activities of the Central Ohio USO. | 42627 |
| VAL AMERICAN LEGION OF OHIO | 42628 |
| Of the foregoing appropriation item 752-501, State Support, | 42629 |
| VAL American Legion, at least $50,000 in each fiscal year shall be | 42630 |
| used to fund service officer expenses. | 42631 |
| VETERANS SERVICE COMMISSION EDUCATION | 42632 |
| Of the foregoing appropriation item 753-501, State Support, | 42633 |
| AMVETS, up to $20,000 in each fiscal year may be used to provide | 42634 |
| moneys to the Association of County Veterans Service Commissioners | 42635 |
| to reimburse its member county veterans service commissions for | 42636 |
| costs incurred in carrying out educational and outreach duties | 42637 |
| required under divisions (E) and (F) of section 5901.03 of the | 42638 |
| Revised
Code. | 42639 |
| 42640 | |
| Budget and Management shall release these funds upon the | 42641 |
| presentation of an itemized receipt, approved by the Governor's | 42642 |
| Office of Veterans Affairs, from the association for reasonable | 42643 |
| and appropriate expenses incurred while performing these duties. | 42644 |
| The association shall establish uniform procedures for reimbursing | 42645 |
| member commissions. | 42646 |
| VII AMVETS | 42647 |
| Of the foregoing appropriation item 753-501, State Support, | 42648 |
| AMVETS, at least $50,000 shall be used in each fiscal year to fund | 42649 |
| service officer expenses. | 42650 |
| VAV DISABLED AMERICAN VETERANS | 42651 |
| Of the foregoing appropriation item 754-501, State Support, | 42652 |
| VAV Disabled American Veterans, at least $50,000 in each fiscal | 42653 |
| year shall be used to fund service officer expenses. | 42654 |
| VMC MARINE CORPS LEAGUE | 42655 |
| Of the foregoing appropriation item 756-501, State Support, | 42656 |
| VMC Marine Corps League, at least $30,000 in each fiscal year | 42657 |
| shall be used to fund service officer expenses. | 42658 |
| VFW VETERANS OF FOREIGN WARS | 42659 |
| Of the foregoing appropriation item 758-501, State Support, | 42660 |
| VFW Veterans of Foreign Wars, at least $50,000 in each fiscal year | 42661 |
| shall be used to fund service officer expenses. | 42662 |
| Sec. 212.30. DVM STATE VETERINARY MEDICAL BOARD | 42663 |
| General Services Fund Group | 42664 |
| 4K9 | 888-609 | Operating Expenses | $ | 293,691 | $ | 42665 | |||||
| 5BU | 888-602 | Veterinary Student Loan Program | $ | 60,000 | $ | 42666 | |||||
| TOTAL GSF General Services | 42667 | ||||||||||
| Fund Group | $ | 353,691 | $ | 42668 | |||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 353,691 | $ | 42669 | |||||||
| CASH TRANSFER TO VETERINARY STUDENT LOAN PROGRAM FUND (FUND | 42670 |
| 5BU) | 42671 |
| On July 1, 2005, or as soon as possible thereafter, the | 42672 |
| Director of Budget and Management shall transfer $60,000 in cash | 42673 |
| from the Occupational Licensing and Regulatory Fund (Fund 4K9) to | 42674 |
| the Veterinary Student Loan Program Fund (Fund 5BU), which is | 42675 |
| hereby created. The amount of the transfer is hereby appropriated. | 42676 |
| VETERINARY STUDENT LOAN PROGRAM | 42677 |
| The foregoing appropriation item 888-602, Veterinary Student | 42678 |
| Loan Program, shall be used by the Veterinary Medical Licensing | 42679 |
| Board to implement a student loan repayment program for veterinary | 42680 |
| students focusing on large animal populations, public health, or | 42681 |
| regulatory veterinary medicine. | 42682 |
| Sec. 212.33. DYS DEPARTMENT OF YOUTH SERVICES | 42683 |
| General Revenue Fund | 42684 |
| GRF | 470-401 | RECLAIM Ohio | $ | 177,016,683 | $ | 182,084,588 | 42685 | ||||
| GRF | 470-412 | Lease Rental Payments | $ | 20,267,500 | $ | 21,882,700 | 42686 | ||||
| GRF | 470-510 | Youth Services | $ | 18,608,587 | $ | 18,608,587 | 42687 | ||||
| GRF | 472-321 | Parole Operations | $ | 14,358,995 | $ | 14,962,871 | 42688 | ||||
| GRF | 477-321 | Administrative Operations | $ | 14,239,494 | $ | 14,754,420 | 42689 | ||||
| TOTAL GRF General Revenue Fund | $ | 244,491,259 | $ | 252,293,166 | 42690 | ||||||
| General Services Fund Group | 42691 |
| 175 | 470-613 | Education Reimbursement | $ | 10,112,529 | $ | 9,450,598 | 42692 | ||||
| 4A2 | 470-602 | Child Support | $ | 320,641 | $ | 328,657 | 42693 | ||||
| 4G6 | 470-605 | General Operational Funds | $ | 10,000 | $ | 10,000 | 42694 | ||||
| 479 | 470-609 | Employee Food Service | $ | 141,466 | $ | 137,666 | 42695 | ||||
| 523 | 470-621 | Wellness Program | $ | 46,937 | $ | 0 | 42696 | ||||
| 6A5 | 470-616 | Building Demolition | $ | 31,100 | $ | 0 | 42697 | ||||
| TOTAL GSF General Services | 42698 | ||||||||||
| Fund Group | $ | 10,662,673 | $ | 9,926,921 | 42699 | ||||||
| Federal Special Revenue Fund Group | 42700 |
| 3V5 | 470-604 | Juvenile Justice/Delinquency Prevention | $ | 4,254,745 | $ | 4,254,746 | 42701 | ||||
| 3W0 | 470-611 | Federal Juvenile Programs FFY 02 | $ | 222,507 | $ | 0 | 42702 | ||||
| 3Z8 | 470-625 | Federal Juvenile Programs FFY 04 | $ | 1,500,001 | $ | 773,812 | 42703 | ||||
| 3Z9 | 470-626 | Federal Juvenile Programs FFY 05 | $ | 465,000 | $ | 0 | 42704 | ||||
| 321 | 470-601 | Education | $ | 1,422,580 | $ | 1,465,399 | 42705 | ||||
| 321 | 470-603 | Juvenile Justice Prevention | $ | 1,981,169 | $ | 2,006,505 | 42706 | ||||
| 321 | 470-606 | Nutrition | $ | 2,471,550 | $ | 2,470,655 | 42707 | ||||
| 321 | 470-614 | Title IV-E Reimbursements | $ | 4,960,589 | $ | 6,012,361 | 42708 | ||||
| 321 | 470-617 | Americorps Programs | $ | 456,000 | $ | 463,700 | 42709 | ||||
| TOTAL FED Federal Special Revenue | 42710 | ||||||||||
| Fund Group | $ | 17,734,141 | $ | 17,447,178 | 42711 | ||||||
| State Special Revenue Fund Group | 42712 |
| 147 | 470-612 | Vocational Education | $ | 1,937,784 | $ | 2,009,866 | 42713 | ||||
| 4W3 | 470-618 | Help Me Grow | $ | 11,000 | $ | 11,000 | 42714 | ||||
| 5BH | 470-628 | Partnerships for Success | $ | 1,500,000 | $ | 1,500,000 | 42715 | ||||
| TOTAL SSR State Special Revenue | 42716 | ||||||||||
| Fund Group | $ | 3,448,784 | $ | 3,520,866 | 42717 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 276,336,857 | $ | 283,188,131 | 42718 | ||||||
| RECLAIM OHIO | 42719 |
| Of the foregoing appropriation item 470-401, RECLAIM Ohio, | 42720 |
| $25,000 in each fiscal year shall be distributed directly to the | 42721 |
| Lighthouse Youth Services Wrap-Around Program. | 42722 |
| OHIO BUILDING AUTHORITY LEASE PAYMENTS | 42723 |
| The foregoing appropriation item 470-412, Lease Rental | 42724 |
| Payments, in the Department of Youth Services, shall be used for | 42725 |
| payments to the Ohio Building Authority for the period from July | 42726 |
| 1, 2005, to June 30, 2007, under the primary leases and agreements | 42727 |
| for facilities made under Chapter 152. of the Revised Code, but | 42728 |
| limited to the aggregate amount of $42,150,200. This appropriation | 42729 |
| is the source of funds pledged for bond service charges on | 42730 |
| related obligations issued pursuant to Chapter 152. of the Revised | 42731 |
| Code. | 42732 |
| EDUCATION REIMBURSEMENT | 42733 |
| The foregoing appropriation item 470-613, Education | 42734 |
| Reimbursement, shall be used to fund the operating expenses of | 42735 |
| providing educational services to youth supervised by the | 42736 |
| Department of Youth Services. Operating expenses include, but are | 42737 |
| not limited to, teachers' salaries, maintenance costs, and | 42738 |
| educational equipment. This appropriation item may be used for | 42739 |
| capital expenses related to the education program. | 42740 |
| EMPLOYEE FOOD SERVICE AND EQUIPMENT | 42741 |
| Notwithstanding section 125.14 of the Revised Code, the | 42742 |
| foregoing appropriation item 470-609, Employee Food Service, may | 42743 |
| be used to purchase any food operational items with funds received | 42744 |
| into the fund from reimbursement for state surplus property. | 42745 |
| PARTNERSHIPS FOR SUCCESS | 42746 |
| | 42747 |
| 470-628, Partnerships for Success, shall be used to support the | 42748 |
| Partnerships for Success Project. On or before January 1, | 42749 |
| 2008, the Director of Budget and Management shall transfer any | 42750 |
| amount of cash that remains unspent in the Partnerships for | 42751 |
| Success Fund (Fund 5BH) to the Children's Trust Fund (Fund 198). | 42752 |
| FEDERAL JUVENILE JUSTICE PROGRAM TRANSFER FROM THE OFFICE OF | 42753 |
| CRIMINAL JUSTICE SERVICES TO THE DEPARTMENT OF YOUTH SERVICES | 42754 |
| Any business relating to the funds associated with the Office | 42755 |
| of Criminal Justice Services' appropriation item 196-602, Criminal | 42756 |
| Justice Federal Programs, commenced but not completed by the | 42757 |
| Office of Criminal Justice Services or its director shall be | 42758 |
| completed by the Department of Youth Services or its director in | 42759 |
| the same manner, and with the same effect, as if completed by the | 42760 |
| Office of Criminal Justice Services or its director. No | 42761 |
| validation, cure, right, privilege, remedy, obligation, or | 42762 |
| liability is lost or impaired by reason of the transfer and shall | 42763 |
| be administered by the Department of Youth Services. | 42764 |
| Any action or proceeding against the Office of Criminal | 42765 |
| Justice Services pending on the effective date of this section | 42766 |
| shall not be affected by the transfer of responsibility to the | 42767 |
| Department of Youth Services, and shall be prosecuted or defended | 42768 |
| in the name of the Department of Youth Services or its director. | 42769 |
| In all such actions and proceedings, the Department of Youth | 42770 |
| Services or its director upon application of the court shall be | 42771 |
| substituted as party. | 42772 |
| Sec. 557.12. ADJUSTMENT TO LOCAL GOVERNMENT DISTRIBUTIONS | 42773 |
| (A) On or before the seventh day of each month of the period | 42774 |
| July 2005 through June 2007, the Tax Commissioner shall determine | 42775 |
| and certify to the Director of Budget and Management the amount to | 42776 |
| be credited, by tax, during that month to the Local Government | 42777 |
| Fund, to the Library and Local Government Support Fund, and to the | 42778 |
| Local Government Revenue Assistance Fund, respectively, under | 42779 |
| divisions (B) to (G) of this section. | 42780 |
| (B) Notwithstanding sections 5727.45, 5727.84, 5733.12, | 42781 |
| 5739.21, 5741.03, and 5747.03 of the Revised Code to the contrary, | 42782 |
| for each month in the period July 1, 2005, through June 30, 2007, | 42783 |
| from the utility excise, kilowatt-hour, corporation franchise, | 42784 |
| sales and use, and personal income taxes collected: | 42785 |
| (1) An amount shall first be credited to the Local Government | 42786 |
| Fund equal to the amount credited to that fund from that tax | 42787 |
| according to the schedule in divisions (C), (D), (E), and (F) of | 42788 |
| this section; | 42789 |
| (2) An amount shall next be credited to the Local Government | 42790 |
| Revenue Assistance Fund equal to the amount credited to that fund | 42791 |
| from that tax according to the schedule in divisions (C), (D), | 42792 |
| (E), and (F) of this section; | 42793 |
| (3) An amount shall next be credited to the Library and Local | 42794 |
| Government Support Fund equal to the amount credited to that fund | 42795 |
| from that tax according to the schedule in division (G) of this | 42796 |
| section. | 42797 |
| To the extent the amounts credited under divisions (B) | 42798 |
| 42799 | |
| would have been credited under sections 5727.45, 5727.84, 5733.12, | 42800 |
| 5739.21, 5741.03, and 5747.03 of the Revised Code, the amounts | 42801 |
| credited to the | 42802 |
| reduced. To the extent the amounts credited under divisions (B) | 42803 |
| 42804 | |
| otherwise would have been credited under sections 5727.45, | 42805 |
| 5727.84, 5733.12, 5739.21, 5741.03, and 5747.03 of the Revised | 42806 |
| Code, the amounts credited to the | 42807 |
| Revenue Fund shall be increased. After the appropriate amounts are | 42808 |
| credited to funds under division (B) of this section, additional | 42809 |
| adjustments may be required in June 2006 and June 2007 pursuant to | 42810 |
| division (I) of this section. | 42811 |
| (C) Pursuant to divisions (B)(1) and (2) of this section, the | 42812 |
| amounts shall be credited from the corporation franchise, sales | 42813 |
| and use, and personal income taxes to each respective fund as | 42814 |
| follows: | 42815 |
| (1) In July 2005, one hundred per cent of the amount credited | 42816 |
| in July 2004; in July 2006, one hundred per cent of the amount | 42817 |
| credited in July 2005; | 42818 |
| (2) In August 2005, one hundred per cent of the amount | 42819 |
| credited in August 2004; in August 2006, one hundred per cent of | 42820 |
| the amount credited in August 2005; | 42821 |
| (3) In September 2005, one hundred per cent of the amount | 42822 |
| credited in September 2004; in September 2006, one hundred per | 42823 |
| cent of the amount credited in September 2005; | 42824 |
| (4) In October 2005, one hundred per cent of the amount | 42825 |
| credited in October 2004; in October 2006, one hundred per cent of | 42826 |
| the amount credited in October 2005; | 42827 |
| (5) In November 2005, one hundred per cent of the amount | 42828 |
| credited in November 2004; in November 2006, one hundred per cent | 42829 |
| of the amount credited in November 2005; | 42830 |
| (6) In December 2005, one hundred per cent of the amount | 42831 |
| credited in December 2004; in December 2006, one hundred per cent | 42832 |
| of the amount credited in December 2005; | 42833 |
| (7) In January 2006, one hundred per cent of the amount | 42834 |
| credited in January 2005; in January 2007, one hundred per cent of | 42835 |
| the amount credited in January 2006; | 42836 |
| (8) In February 2006, one hundred per cent of the amount | 42837 |
| credited in February 2005; in February 2007, one hundred per cent | 42838 |
| of the amount credited in February 2006; | 42839 |
| (9) In March 2006, one hundred per cent of the amount | 42840 |
| credited in March 2005; in March 2007, one hundred per cent of the | 42841 |
| amount credited in March 2006; | 42842 |
| (10) In April 2006, one hundred per cent of the amount | 42843 |
| credited in April 2005; in April 2007, one hundred per cent of the | 42844 |
| amount credited in April 2006; | 42845 |
| (11) In May 2006, one hundred per cent of the amount credited | 42846 |
| in May 2005; in May 2007, one hundred per cent of the amount | 42847 |
| credited in May 2006; | 42848 |
| (12) In June 2006, one hundred per cent of the amount | 42849 |
| credited in June 2005; in June 2007, one hundred per cent of the | 42850 |
| amount credited in June 2006. | 42851 |
| (D) Pursuant to divisions (B)(1) and (2) of this section, | 42852 |
| from the public utility excise tax, amounts shall be credited to | 42853 |
| the Local Government Fund and the Local Government Revenue | 42854 |
| Assistance Fund as follows: | 42855 |
| (1) In July 2005 and July 2006, no amount shall be credited | 42856 |
| to the Local Government Fund and no amount shall be credited to | 42857 |
| the Local Government Revenue Assistance Fund; | 42858 |
| (2) In August 2005 and August 2006, no amount shall be | 42859 |
| credited to the Local Government Fund or to the Local Government | 42860 |
| Revenue Assistance Fund; | 42861 |
| (3) In September 2005 and September 2006, no amount shall be | 42862 |
| credited to the Local Government Fund or to the Local Government | 42863 |
| Revenue Assistance Fund; | 42864 |
| (4) In October 2005 and October 2006, thirty per cent of | 42865 |
| $7,870,426.16 shall be credited to the Local Government Fund and | 42866 |
| thirty per cent of $1,124,346.59 shall be credited to the Local | 42867 |
| Government Revenue Assistance Fund; | 42868 |
| (5) In November 2005 and November 2006, thirty per cent of | 42869 |
| $1,045,731.11 shall be credited to the Local Government Fund and | 42870 |
| thirty per cent of $149,390.15 shall be credited to the Local | 42871 |
| Government Revenue Assistance Fund; | 42872 |
| (6) In December 2005 and December 2006, thirty per cent of | 42873 |
| $1,210,041.67 shall be credited to the Local Government Fund and | 42874 |
| thirty per cent of $172,863.13 shall be credited to the Local | 42875 |
| Government Revenue Assistance Fund; | 42876 |
| (7) In January 2006 and January 2007, no amount shall be | 42877 |
| credited to the Local Government Fund or to the Local Government | 42878 |
| Revenue Assistance Fund; | 42879 |
| (8) In February 2006 and February 2007, thirty per cent of | 42880 |
| $1,515,069.22 shall be credited to the Local Government Fund and | 42881 |
| thirty per cent of $216,438.43 shall be credited to the Local | 42882 |
| Government Revenue Assistance Fund; | 42883 |
| (9) In March 2006 and March 2007, thirty per cent of | 42884 |
| $7,859,958.57 shall be credited to the Local Government Fund and | 42885 |
| thirty per cent of $1,122,851.24 shall be credited to the Local | 42886 |
| Government Revenue Assistance Fund; | 42887 |
| (10) In April 2006 and April 2007, no amount shall be | 42888 |
| credited to the Local Government Fund or to the Local Government | 42889 |
| Revenue Assistance Fund; | 42890 |
| (11) In May 2006 and May 2007, thirty per cent of | 42891 |
| $3,300,718.22 shall be credited to the Local Government Fund and | 42892 |
| thirty per cent of $471,531.17 shall be credited to the Local | 42893 |
| Government Revenue Assistance Fund; | 42894 |
| (12) In June 2006 and June 2007, thirty per cent of | 42895 |
| $9,344,500.89 shall be credited to the Local Government Fund and | 42896 |
| thirty per cent of $1,334,928.70 shall be credited to the Local | 42897 |
| Government Revenue Assistance Fund. | 42898 |
| (E) Pursuant to divisions (B)(1) and (2) of this section, | 42899 |
| from the kilowatt-hour tax, amounts shall be credited to the Local | 42900 |
| Government Fund and the Local Government Revenue Assistance Fund | 42901 |
| as follows: | 42902 |
| (1) In July 2005 and July 2006, no amount shall be credited | 42903 |
| to the Local Government Fund and no amount shall be credited to | 42904 |
| the Local Government Revenue Assistance Fund; | 42905 |
| (2) In August 2005 and August 2006, no amount shall be | 42906 |
| credited to the Local Government Fund or to the Local Government | 42907 |
| Revenue Assistance Fund; | 42908 |
| (3) In September 2005 | 42909 |
| credited to the Local Government Fund or to the Local Government | 42910 |
| Revenue Assistance Fund; | 42911 |
| (4) In October 2005 and October 2006, seventy per cent of | 42912 |
| $7,870,426.16 shall be credited to the Local Government Fund and | 42913 |
| seventy per cent of $1,124,346.59 shall be credited to the Local | 42914 |
| Government Revenue Assistance Fund; | 42915 |
| (5) In November 2005 and November 2006, seventy per cent of | 42916 |
| $1,045,731.11 shall be credited to the Local Government Fund and | 42917 |
| seventy per cent of $149,390.15 shall be credited to the Local | 42918 |
| Government Revenue Assistance Fund; | 42919 |
| (6) In December 2005 and December 2006, seventy per cent of | 42920 |
| $1,210,041.67 shall be credited to the Local Government Fund and | 42921 |
| seventy per cent of $172,863.13 shall be credited to the Local | 42922 |
| Government Revenue Assistance Fund; | 42923 |
| (7) In January 2006 and January 2007, no amount shall be | 42924 |
| credited to the Local Government Fund or to the Local Government | 42925 |
| Revenue Assistance Fund; | 42926 |
| (8) In February 2006 and February 2007, seventy per cent of | 42927 |
| $1,515,069.22 shall be credited to the Local Government Fund and | 42928 |
| seventy per cent of $216,438.43 shall be credited to the Local | 42929 |
| Government Revenue Assistance Fund; | 42930 |
| (9) In March 2006 and March 2007, seventy per cent of | 42931 |
| $7,859,958.57 shall be credited to the Local Government Fund and | 42932 |
| seventy per cent of $1,122,851.24 shall be credited to the Local | 42933 |
| Government Revenue Assistance Fund; | 42934 |
| (10) In April 2006 and April 2007, no amount shall be | 42935 |
| credited to the Local Government Fund or to the Local Government | 42936 |
| Revenue Assistance Fund; | 42937 |
| (11) In May 2006 and May 2007, seventy per cent of | 42938 |
| $3,300,718.22 shall be credited to the Local Government Fund and | 42939 |
| seventy per cent of $471,531.17 shall be credited to the Local | 42940 |
| Government Revenue Assistance Fund; | 42941 |
| (12) In June 2006 and June 2007, seventy per cent of | 42942 |
| $9,344,500.89 shall be credited to the Local Government Fund and | 42943 |
| seventy per cent of $1,334,928.70 shall be credited to the Local | 42944 |
| Government Revenue Assistance Fund. | 42945 |
| (F) Notwithstanding the amounts required to be credited | 42946 |
| pursuant to division (C) of this section, the amount credited in | 42947 |
| June 2006 and June 2007 to the Local Government Fund and the Local | 42948 |
| Government Revenue Assistance Fund from the personal income tax | 42949 |
| shall be net of a reduction that may be required by division (I) | 42950 |
| of this section. | 42951 |
| (G) Pursuant to division (B)(3) of this section, amounts | 42952 |
| shall be credited from the personal income tax to the Library and | 42953 |
| Local Government Support Fund as follows: | 42954 |
| (1) In July 2005, one hundred per cent of the amount credited | 42955 |
| in July 2004; in July 2006, one hundred per cent of the amount | 42956 |
| credited in July 2005; | 42957 |
| (2) In August 2005, one hundred per cent of the amount | 42958 |
| credited in August 2004; in August 2006, one hundred per cent of | 42959 |
| the amount credited in August 2005; | 42960 |
| (3) In September 2005, one hundred per cent of the amount | 42961 |
| credited in September 2004; in September 2006, one hundred per | 42962 |
| cent of the amount credited in September 2005; | 42963 |
| (4) In October 2005, one hundred per cent of the amount | 42964 |
| credited in October 2004; in October 2006, one hundred per cent of | 42965 |
| the amount credited in October 2005; | 42966 |
| (5) In November 2005, one hundred per cent of the amount | 42967 |
| credited in November 2004; in November 2006, one hundred per cent | 42968 |
| of the amount credited in November 2005; | 42969 |
| (6) In December 2005, one hundred per cent of the amount | 42970 |
| credited in December 2004; in December 2006, one hundred per cent | 42971 |
| of the amount credited in December 2005; | 42972 |
| (7) In January 2006, one hundred per cent of the amount | 42973 |
| credited in January 2005; in January 2007, one hundred per cent of | 42974 |
| the amount credited in January 2006; | 42975 |
| (8) In February 2006, one hundred per cent of the amount | 42976 |
| credited in February 2005; in February 2007, one hundred per cent | 42977 |
| of the amount credited in February 2006; | 42978 |
| (9) In March 2006, one hundred per cent of the amount | 42979 |
| credited in March 2005; in March 2007, one hundred per cent of the | 42980 |
| amount credited in March 2006; | 42981 |
| (10) In April 2006, one hundred per cent of the amount | 42982 |
| credited in April 2005; in April 2007, one hundred per cent of the | 42983 |
| amount credited in April 2006; | 42984 |
| (11) In May 2006, one hundred per cent of the amount credited | 42985 |
| in May 2005; in May 2007, one hundred per cent of the amount | 42986 |
| credited in May 2006; | 42987 |
| (12) In June 2006, one hundred per cent of the amount | 42988 |
| credited in June 2005, less any reduction that may be required by | 42989 |
| division (I) of this section; in June 2007, one hundred per cent | 42990 |
| of the amount credited in June 2006, less any reduction that may | 42991 |
| be required by division (I) of this section. | 42992 |
| (H) The total amount credited to the Local Government Fund, | 42993 |
| the Local Government Revenue Assistance Fund, and the Library and | 42994 |
| Local Government Support Fund in each month during the period July | 42995 |
| 2005 through June 2007 shall be distributed by the tenth day of | 42996 |
| the immediately succeeding month in the following manner: | 42997 |
| (1) Each county undivided local government fund shall receive | 42998 |
| a distribution from the Local Government Fund based on its | 42999 |
| proportionate share of the total amount received from the fund in | 43000 |
| such respective month for the period August 1, 2004, through July | 43001 |
| 31, 2005. | 43002 |
| (2) Each municipal corporation receiving a direct | 43003 |
| distribution from the Local Government Fund shall receive a | 43004 |
| distribution based on its proportionate share of the total amount | 43005 |
| received from the fund in such respective month for the period | 43006 |
| August 1, 2004, through July 31, 2005. | 43007 |
| (3) Each county undivided local government revenue assistance | 43008 |
| fund shall receive a distribution from the Local Government | 43009 |
| Revenue Assistance Fund based on its proportionate share of the | 43010 |
| total amount received from the fund in such respective month for | 43011 |
| the period August 1, 2004, through July 31, 2005. | 43012 |
| (4) Each county undivided library and local government | 43013 |
| support fund shall receive a distribution from the Library and | 43014 |
| Local Government Support Fund based on its proportionate share of | 43015 |
| the total amount received from the fund in such respective month | 43016 |
| for the period August 1, 2004, through July 31, 2005. | 43017 |
| (I) The Tax Commissioner shall do each of the following: | 43018 |
| (1) By June 7, 2006, the Commissioner shall subtract the | 43019 |
| amount calculated in division (I)(1)(b) of this section from the | 43020 |
| amount calculated in division (I)(1)(a) of this section. If the | 43021 |
| amount in division (I)(1)(a) of this section is greater than the | 43022 |
| amount in division (I)(1)(b) of this section, then such difference | 43023 |
| shall be subtracted from the total amount of income tax revenue | 43024 |
| credited to the Local Government Fund, the Local Government | 43025 |
| Revenue Assistance Fund, and the Library and Local Government | 43026 |
| Support Fund in June 2006. An amount shall be subtracted from | 43027 |
| income tax revenue credited to the Local Government Fund, the | 43028 |
| Local Government Revenue Assistance Fund, or the Library and Local | 43029 |
| Government Support Fund only if, and according to the proportion | 43030 |
| by which, such fund contributed to the result that the amount in | 43031 |
| division (I)(1)(a) of this section exceeds the amount in division | 43032 |
| (I)(1)(b) of this section. | 43033 |
| (a) The sum of all money credited to the Local Government | 43034 |
| Fund, the Local Government Revenue Assistance Fund, and the | 43035 |
| Library and Local Government Support Fund from July 2005 through | 43036 |
| May 2006. The sum computed in division (I)(1)(a) of this section | 43037 |
| shall exclude any dealer in intangibles tax revenues credited to | 43038 |
| the Local Government Fund. | 43039 |
| (b) The sum of all money that would have been credited to the | 43040 |
| Local Government Fund, the Local Government Revenue Assistance | 43041 |
| Fund, and the Library and Local Government Support Fund from July | 43042 |
| 2005 through May 2006, if sections 5727.45, 5727.84, 5733.12, | 43043 |
| 5739.21, 5741.03, and 5747.03 of the Revised Code were in effect | 43044 |
| during this period. | 43045 |
| (2) By June 7, 2007, the Commissioner shall subtract the | 43046 |
| amount calculated in division (I)(2)(b) of this section from the | 43047 |
| amount calculated in division (I)(2)(a) of this section. If the | 43048 |
| amount in division (I)(2)(a) of this section is greater than the | 43049 |
| amount in division (I)(2)(b) of this section, then such difference | 43050 |
| shall be subtracted from the total amount of income tax revenue | 43051 |
| credited to the Local Government Fund, the Local Government | 43052 |
| Revenue Assistance Fund, and the Library and Local Government | 43053 |
| Support Fund in June 2007. An amount shall be subtracted from | 43054 |
| income tax revenue credited to the Local Government Fund, the | 43055 |
| Local Government Revenue Assistance Fund, or the Library and Local | 43056 |
| Government Support Fund only if, and according to the proportion | 43057 |
| by which, such fund contributed to the result that the amount in | 43058 |
| division (I)(2)(a) of this section exceeds the amount in division | 43059 |
| (I)(2)(b) of this section. | 43060 |
| (a) The sum of all money credited to the Local Government | 43061 |
| Fund, the Local Government Revenue Assistance Fund, and the | 43062 |
| Library and Local Government Support Fund from June 2006 through | 43063 |
| May 2007. The sum computed in division (I)(2)(a) of this section | 43064 |
| shall exclude any dealer in intangibles tax revenues credited to | 43065 |
| the Local Government Fund and shall be prior to any reduction | 43066 |
| required by division (I)(1) of this section. | 43067 |
| (b) The sum of all money that would have been credited to the | 43068 |
| Local Government Fund, the Local Government Revenue Assistance | 43069 |
| Fund, and the Library and Local Government Support Fund from June | 43070 |
| 2006 through May 2007, if sections 5727.45, 5727.84, 5733.12, | 43071 |
| 5739.21, 5741.03, and 5747.03 of the Revised Code were in effect | 43072 |
| during this period. | 43073 |
| (3) On the advice of the Tax Commissioner, during any month | 43074 |
| other than June 2006 or June 2007 of the period July 1, 2005, | 43075 |
| through July 31, 2007, the Director of Budget and Management may | 43076 |
| reduce the amounts that are to be otherwise credited to the Local | 43077 |
| Government Fund, Local Government Revenue Assistance Fund, or | 43078 |
| Library and Local Government Support Fund in order to accomplish | 43079 |
| more effectively the purposes of the adjustments in divisions | 43080 |
| (I)(1) and (2) of this section. If the respective calculations | 43081 |
| made in June 2006 and June 2007 pursuant to divisions (I)(1) and | 43082 |
| (2) of this section indicate that excess reductions had been made | 43083 |
| during the previous months, such excess amounts shall be credited, | 43084 |
| as appropriate, to the Local Government Fund, Local Government | 43085 |
| Revenue Assistance Fund, and Library and Local Government Support | 43086 |
| Fund. | 43087 |
| (J) For the 2005, 2006, and 2007 distribution years, the Tax | 43088 |
| Commissioner is not required to issue the certifications otherwise | 43089 |
| required by sections 5747.47, 5747.501, 5747.51, and 5747.61 of | 43090 |
| the Revised Code, but shall provide to each county auditor by the | 43091 |
| twentieth day of July 2005, July 2006, and July 2007 an estimate | 43092 |
| of the amounts to be received by the county in the ensuing year | 43093 |
| from the Local Government Fund, Local Government Revenue | 43094 |
| Assistance Fund, and Library and Local Government Support Fund | 43095 |
| pursuant to this section and any pertinent section of the Revised | 43096 |
| Code. At the discretion of the Tax Commissioner, the Tax | 43097 |
| Commissioner may report to each county auditor additional revised | 43098 |
| estimates of the 2005, 2006, or 2007 distributions at any time | 43099 |
| during the period July 1, 2005, through July 31, 2007. | 43100 |
| (K) During the period July 1, 2005, through July 31, 2007, | 43101 |
| the Director of Budget and Management shall issue such directives | 43102 |
| to state agencies that are necessary to ensure that the | 43103 |
| appropriate amounts are distributed to the Local Government Fund, | 43104 |
| to the Local Government Revenue Assistance Fund, and to the | 43105 |
| Library and Local Government Support Fund. | 43106 |
| (L) No subdivision shall receive a proportionate share from | 43107 |
| the county undivided local government fund or county undivided | 43108 |
| local government revenue assistance fund during the period July 1, | 43109 |
| 2005, through June 30, 2007, that is less than the proportionate | 43110 |
| share the subdivision received from that fund during the period | 43111 |
| July 1, 2004, through June 30, 2005, unless the subdivision | 43112 |
| consents to receive the lesser proportionate share. Division (L) | 43113 |
| of this section does not apply to a decrease in the proportionate | 43114 |
| share of a county as a subdivision under division (H) of section | 43115 |
| 5747.51, division (E) of section 5747.53, division (H) of section | 43116 |
| 5747.62, or division (E) of section 5747.63 of the Revised Code. | 43117 |
| Sec. 612.36.03. (A) Except as otherwise provided in | 43118 |
| divisions (B)(1) and (2) of this section, the amendments to | 43119 |
| section 3301.0711 of the Revised Code by Am. Sub. H.B. 66 of the | 43120 |
| 126th General Assembly are not subject to the referendum. | 43121 |
| Therefore, under Ohio Constitution, Article II, Section 1d and | 43122 |
| section 1.471 of the Revised Code, the amendments go into | 43123 |
| immediate effect when H.B. 530 of the 126th General Assembly | 43124 |
| becomes law. | 43125 |
| (B)(1) The amendments to division (G) of section 3301.0711 of | 43126 |
| the Revised Code by Am. Sub. H.B. 66 of the 126th General Assembly | 43127 |
| are subject to the referendum. Therefore, under Ohio Constitution, | 43128 |
| Article II, Section 1c and section 1.471 of the Revised Code, the | 43129 |
| amendments take effect July 1, 2006. If, however, a referendum | 43130 |
| petition is filed against the amendments, the amendments, unless | 43131 |
| rejected at the referendum, take effect at the earliest time | 43132 |
| permitted by law that is on or after the effective date specified | 43133 |
| in this division. | 43134 |
| | 43135 |
| the Revised Code by Am. Sub. H.B. 66 of the 126th General Assembly | 43136 |
| are not subject to the referendum. Therefore, under Ohio | 43137 |
| Constitution, Article II, Section 1d and section 1.471 of the | 43138 |
| Revised Code, the amendments go into immediate effect. | 43139 |
| Section 606.18. That existing Sections 203.09, 203.12, | 43140 |
| 203.12.12, 203.45, 203.51, 203.54, 203.66, 203.69, 203.84, 203.87, | 43141 |
| 203.99.01, 203.99.30, 203.99.48, 206.03, 206.09, 206.09.12, | 43142 |
| 206.09.15, 206.09.21, 206.09.27, 206.09.36, 206.09.39, 206.09.42, | 43143 |
| 206.09.61, 206.09.63, 206.09.66, 206.09.84, 206.16, 206.42, | 43144 |
| 206.42.09, 206.48, 206.66, 206.66.22, 206.66.23, 206.66.36, | 43145 |
| 206.66.64, 206.66.66, 206.66.84, 206.66.85, 206.66.91, 206.67.15, | 43146 |
| 206.67.21, 206.99, 209.04, 209.06.06, 209.06.09, 209.09.06, | 43147 |
| 209.09.18, 209.15, 209.18, 209.18.09, 209.24, 209.30, 209.33, | 43148 |
| 209.36, 209.45, 209.63, 209.63.42, 209.64.60, 209.72, 209.75, | 43149 |
| 209.78.03, 209.81, 209.90.06, 212.03, 212.24, 212.27, 212.30, | 43150 |
| 212.33, 557.12, and 612.36.03 of Am. Sub. H.B. 66 of the 126th | 43151 |
| General Assembly are hereby repealed. | 43152 |
| Section 606.18.03. COMPENSATION FOR NURSING FACILITY AND | 43153 |
| ICF/MR CAPITAL COSTS | 43154 |
| The appropriation item 600-529, Capital Compensation Program, | 43155 |
| shall be used to make payments to nursing facilities and | 43156 |
| intermediate care facilities for the mentally retarded under | 43157 |
| Section 606.18.06 of this act. | 43158 |
| The unencumbered balance of appropriation item 600-529, | 43159 |
| Capital Compensation Program, at the end of fiscal year 2006 is | 43160 |
| hereby appropriated to fiscal year 2007 for use under the same | 43161 |
| appropriation item. | 43162 |
| Section 606.18.06. FISCAL YEARS 2006 AND 2007 PAYMENTS TO | 43163 |
| CERTAIN NURSING FACILITIES AND ICFs/MR | 43164 |
| (A) As used in this section: | 43165 |
| "Capital costs," "cost of ownership," and "renovation" have | 43166 |
| the same meanings as in section 5111.20 of the Revised Code as | 43167 |
| that section existed on June 30, 2005. | 43168 |
| "Change of operator" has the same meaning as in section | 43169 |
| 5111.65 of the Revised Code. | 43170 |
| "ICF/MR" means an intermediate care facility for the mentally | 43171 |
| retarded. | 43172 |
| "Inpatient days," "intermediate care facility for the | 43173 |
| mentally retarded," "Medicaid days," and "nursing facility" have | 43174 |
| the same meanings as in section 5111.20 of the Revised Code. | 43175 |
| "Reviewable activity" has the same meaning as in section | 43176 |
| 3702.51 of the Revised Code. | 43177 |
| (B) The following qualify for per diem payments under this | 43178 |
| section: | 43179 |
| (1) A nursing facility to which both of the following apply: | 43180 |
| (a) Both of the following occurred during fiscal year 2006 or | 43181 |
| 2007: | 43182 |
| (i) The facility obtained certification as a nursing facility | 43183 |
| from the Director of Health. | 43184 |
| (ii) The facility began participating in the Medicaid | 43185 |
| program. | 43186 |
| (b) An application for a certificate of need for the nursing | 43187 |
| facility was filed with the Director of Health before June 15, | 43188 |
| 2005. | 43189 |
| (2) An ICF/MR to which both of the following apply: | 43190 |
| (a) Both of the following occurred during fiscal year 2006 or | 43191 |
| 2007: | 43192 |
| (i) The facility obtained certification as an intermediate | 43193 |
| care facility for the mentally retarded from the Director of | 43194 |
| Health. | 43195 |
| (ii) The facility began participating in the Medicaid | 43196 |
| program. | 43197 |
| (b) At least one of the following occurred before June 30, | 43198 |
| 2005: | 43199 |
| (i) Any materials or equipment for the facility were | 43200 |
| delivered. | 43201 |
| (ii) Preparations for the physical site of the facility, | 43202 |
| including, if applicable, excavation, began. | 43203 |
| (iii) Actual work on the facility began. | 43204 |
| (3) A nursing facility to which all of the following apply: | 43205 |
| (a) The nursing facility does not qualify for a payment | 43206 |
| pursuant to division (B)(1) of this section. | 43207 |
| (b) The nursing facility, before June 30, 2007, completes a | 43208 |
| capital project for which a certificate of need was filed with the | 43209 |
| Director of Health before June 15, 2005, and for which at least | 43210 |
| one of the following occurred before July 1, 2005, or, if the | 43211 |
| capital project is undertaken to comply with rules adopted by the | 43212 |
| Public Health Council regarding resident room size or occupancy, | 43213 |
| before June 30, 2007: | 43214 |
| (i) Any materials or equipment for the capital project were | 43215 |
| delivered; | 43216 |
| (ii) Preparations for the physical site of the capital | 43217 |
| project, including, if applicable, excavation, began; | 43218 |
| (iii) Actual work on the capital project began. | 43219 |
| (c) The costs of the capital project are not fully reflected | 43220 |
| in the capital costs portion of the nursing facility's Medicaid | 43221 |
| reimbursement per diem rate on June 30, 2005. | 43222 |
| (d) The nursing facility files a three-month projected | 43223 |
| capital cost report with the Director of Job and Family Services | 43224 |
| not later than sixty days after the later of the effective date of | 43225 |
| this section or the date the capital project is completed. | 43226 |
| (4) An ICF/MR to which all of the following apply: | 43227 |
| (a) The ICF/MR does not qualify for a payment pursuant to | 43228 |
| division (B)(2) of this section. | 43229 |
| (b) The ICF/MR, before June 30, 2007, completes a capital | 43230 |
| project for which at least one of the following occurred before | 43231 |
| July 1, 2005: | 43232 |
| (i) Any materials or equipment for the capital project were | 43233 |
| delivered. | 43234 |
| (ii) Preparations for the physical site of the capital | 43235 |
| project, including, if applicable, excavation, began. | 43236 |
| (iii) Actual work on the capital project began. | 43237 |
| (c) The costs of the capital project are not fully reflected | 43238 |
| in the capital costs portion of the ICF/MR's Medicaid | 43239 |
| reimbursement per diem rate on June 30, 2005. | 43240 |
| (d) The ICF/MR files a three-month projected capital cost | 43241 |
| report with the Director of Job and Family Services not later than | 43242 |
| sixty days after the later of the effective date of this section | 43243 |
| or the date the capital project is completed. | 43244 |
| (5) A nursing facility that, before June 30, 2007, completes | 43245 |
| an activity to which all of the following apply: | 43246 |
| (a) A request was filed with the Director of Health before | 43247 |
| July 1, 2005, for a determination of whether the activity is a | 43248 |
| reviewable activity and the Director determined that the activity | 43249 |
| is not a reviewable activity. | 43250 |
| (b) At least one of the following occurred before July 1, | 43251 |
| 2005, or, if the nursing facility undertakes the activity to | 43252 |
| comply with rules adopted by the Public Health Council regarding | 43253 |
| resident room size or occupancy, before June 30, 2007: | 43254 |
| (i) Any materials or equipment for the activity were | 43255 |
| delivered. | 43256 |
| (ii) Preparations for the physical site of the activity, | 43257 |
| including, if applicable, excavation, began. | 43258 |
| (iii) Actual work on the activity began. | 43259 |
| (c) The costs of the activity are not fully reflected in the | 43260 |
| capital costs portion of the nursing facility's Medicaid | 43261 |
| reimbursement per diem rate on June 30, 2005. | 43262 |
| (d) The nursing facility files a three-month projected | 43263 |
| capital cost report with the Director of Job and Family Services | 43264 |
| not later than sixty days after the later of the effective date of | 43265 |
| this section or the date the activity is completed. | 43266 |
| (6) A nursing facility or ICF/MR that, before June 30, 2007, | 43267 |
| completes a renovation to which all of the following apply: | 43268 |
| (a) The Director of Job and Family Services approved the | 43269 |
| renovation before July 1, 2005. | 43270 |
| (b) At least one of the following occurred before July 1, | 43271 |
| 2005, or, if the facility undertakes the renovation to comply with | 43272 |
| rules adopted by the Public Health Council regarding resident room | 43273 |
| size or occupancy, before June 30, 2007: | 43274 |
| (i) Any materials or equipment for the renovation were | 43275 |
| delivered. | 43276 |
| (ii) Preparations for the physical site of the renovation, | 43277 |
| including, if applicable, excavation, began. | 43278 |
| (iii) Actual work on the renovation began. | 43279 |
| (c) The costs of the renovation are not fully reflected in | 43280 |
| the capital costs portion of the facility's Medicaid reimbursement | 43281 |
| per diem rate on June 30, 2005. | 43282 |
| (d) The facility files a three-month projected capital cost | 43283 |
| report with the Director of Job and Family Services not later than | 43284 |
| sixty days after the later of the effective date of this section | 43285 |
| or the date the renovation is completed. | 43286 |
| (C) If a nursing facility qualifies for per diem payments | 43287 |
| pursuant to division (B)(1) of this section for fiscal year 2006, | 43288 |
| the nursing facility's per diem payments under this section for | 43289 |
| fiscal year 2006 shall equal the difference between the capital | 43290 |
| costs portion of nursing facility's Medicaid reimbursement per | 43291 |
| diem rate determined under Section 206.66.22 of Am. Sub. H.B. 66 | 43292 |
| of the 126th General Assembly, as amended by this act, and the | 43293 |
| lesser of the following: | 43294 |
| (1) Eighty-eight and sixty-five hundredths per cent of the | 43295 |
| nursing facility's cost of ownership as reported on a three-month | 43296 |
| projected capital cost report divided by the greater of the number | 43297 |
| of inpatient days the nursing facility is expected to have during | 43298 |
| the period covered by the projected capital cost report or the | 43299 |
| number of inpatient days the nursing facility would have during | 43300 |
| that period if the nursing facility's occupancy rate was eighty | 43301 |
| per cent. | 43302 |
| (2) The maximum capital per diem rate in effect for fiscal | 43303 |
| year 2005 for nursing facilities. | 43304 |
| (D) If a nursing facility qualifies for per diem payments | 43305 |
| pursuant to division (B)(1) of this section for fiscal year 2007, | 43306 |
| the nursing facility's per diem payments under this section for | 43307 |
| fiscal year 2007 shall equal the difference between the capital | 43308 |
| costs portion of the nursing facility's Medicaid reimbursement per | 43309 |
| diem rate determined under Section 206.66.23 of Am. Sub. H.B. 66 | 43310 |
| of the 126th General Assembly, as amended by this act, and the | 43311 |
| lesser of the following: | 43312 |
| (1) Eighty-eight and sixty-five hundredths per cent of the | 43313 |
| nursing facility's cost of ownership as reported on a three-month | 43314 |
| projected capital cost report divided by the greater of the number | 43315 |
| of inpatient days the nursing facility is expected to have during | 43316 |
| the period covered by the projected capital cost report or the | 43317 |
| number of inpatient days the nursing facility would have during | 43318 |
| that period if the nursing facility's occupancy rate was eighty | 43319 |
| per cent. | 43320 |
| (2) The maximum capital per diem rate in effect for fiscal | 43321 |
| year 2005 for nursing facilities. | 43322 |
| (E) If an ICF/MR qualifies for per diem payments pursuant to | 43323 |
| division (B)(2) of this section, the ICF/MR's per diem payments | 43324 |
| under this section shall equal the difference between the capital | 43325 |
| costs portion of the ICF/MR's Medicaid reimbursement per diem rate | 43326 |
| determined under Section 206.66.25 of Am. Sub. H.B. 66 of the | 43327 |
| 126th General Assembly and the lesser of the following: | 43328 |
| (1) The ICF/MR's cost of ownership as reported on a | 43329 |
| three-month projected capital cost report divided by the greater | 43330 |
| of the number of inpatient days the ICF/MR is expected to have | 43331 |
| during the period covered by the projected capital cost report or | 43332 |
| the number of inpatient days the ICF/MR would have during that | 43333 |
| period if the ICF/MR's occupancy rate was eighty per cent. | 43334 |
| (2) The maximum capital per diem rate in effect for fiscal | 43335 |
| year 2005 for ICFs/MR. | 43336 |
| (F) The per diem payments paid for fiscal year 2006 to a | 43337 |
| nursing facility that qualifies for the payments pursuant to | 43338 |
| division (B)(3) or (5) of this section shall equal the difference | 43339 |
| between the capital costs portion of the nursing facility's | 43340 |
| Medicaid reimbursement per diem rate determined under Section | 43341 |
| 206.66.22 of Am. Sub. H.B. 66 of the 126th General Assembly, as | 43342 |
| amended by this act, and the lesser of the following: | 43343 |
| (1) Eighty-eight and sixty-five hundredths per cent of the | 43344 |
| nursing facility's cost of ownership as reported on a three-month | 43345 |
| projected capital cost report divided by the greater of the number | 43346 |
| of inpatient days the nursing facility is expected to have during | 43347 |
| the period covered by the projected capital cost report or the | 43348 |
| number of inpatient days the nursing facility would have during | 43349 |
| that period if the nursing facility's occupancy rate was | 43350 |
| ninety-five per cent. | 43351 |
| (2) The maximum capital per diem rate in effect for fiscal | 43352 |
| year 2005 for nursing facilities. | 43353 |
| (G) The per diem payments paid for fiscal year 2007 to a | 43354 |
| nursing facility that qualifies for the payments pursuant to | 43355 |
| division (B)(3) or (5) of this section shall equal the difference | 43356 |
| between the capital costs portion of the nursing facility's | 43357 |
| Medicaid reimbursement per diem rate determined under Section | 43358 |
| 206.66.23 of Am. Sub. H.B. 66 of the 126th General Assembly, as | 43359 |
| amended by this act, and the lesser of the following: | 43360 |
| (1) Eighty-eight and sixty-five hundredths per cent of the | 43361 |
| nursing facility's cost of ownership as reported on a three-month | 43362 |
| projected capital cost report divided by the greater of the number | 43363 |
| of inpatient days the nursing facility is expected to have during | 43364 |
| the period covered by the projected capital cost report or the | 43365 |
| number of inpatient days the nursing facility would have during | 43366 |
| that period if the nursing facility's occupancy rate was | 43367 |
| ninety-five per cent. | 43368 |
| (2) The maximum capital per diem rate in effect for fiscal | 43369 |
| year 2005 for nursing facilities. | 43370 |
| (H) The per diem payments paid to an ICF/MR that qualifies | 43371 |
| for the payments pursuant to division (B)(4) of this section shall | 43372 |
| equal the difference between the capital costs portion of the | 43373 |
| ICF/MR's Medicaid reimbursement per diem rate determined under | 43374 |
| Section 206.66.25 of Am. Sub. H.B. 66 of the 126th General | 43375 |
| Assembly and the lesser of the following: | 43376 |
| (1) The ICF/MR's cost of ownership as reported on a | 43377 |
| three-month projected capital cost report divided by the greater | 43378 |
| of the number of inpatient days the ICF/MR is expected to have | 43379 |
| during the period covered by the projected capital cost report or | 43380 |
| the number of inpatient days the ICF/MR would have during that | 43381 |
| period if the ICF/MR's occupancy rate was ninety-five per cent. | 43382 |
| (2) The maximum capital per diem rate in effect for fiscal | 43383 |
| year 2005 for ICFs/MR. | 43384 |
| (I) The per diem payments paid to a nursing facility that | 43385 |
| qualifies for the payments pursuant to division (B)(6) of this | 43386 |
| section shall equal eighty-five per cent of the nursing facility's | 43387 |
| capital costs for the renovation as reported on a three-month | 43388 |
| projected capital cost report divided by the greater of the number | 43389 |
| of inpatient days the nursing facility is expected to have during | 43390 |
| the period covered by the projected capital cost report or the | 43391 |
| number of inpatient days the nursing facility would have during | 43392 |
| that period if the nursing facility's occupancy rate was | 43393 |
| ninety-five per cent. | 43394 |
| (J) The per diem payments paid to an ICF/MR that qualifies | 43395 |
| for the payments pursuant to division (B)(6) of this section shall | 43396 |
| equal the ICF/MR's capital costs for the renovation as reported on | 43397 |
| a three-month projected capital cost report divided by the greater | 43398 |
| of the number of inpatient days the ICF/MR is expected to have | 43399 |
| during the period covered by the projected capital cost report or | 43400 |
| the number of inpatient days the ICF/MR would have during that | 43401 |
| period if the ICF/MR's occupancy rate was ninety-five per cent. | 43402 |
| (K) All of the following apply to the per diem payments made | 43403 |
| under this section: | 43404 |
| (1) No nursing facility or ICF/MR shall qualify for the | 43405 |
| payments before the following: | 43406 |
| (a) In the case of a nursing facility or ICF/MR that | 43407 |
| qualifies for the payments pursuant to division (B)(1) or (2) of | 43408 |
| this section, the later of January 1, 2006, or the date the | 43409 |
| nursing facility or ICF/MR begins to participate in the Medicaid | 43410 |
| program; | 43411 |
| (b) In the case of a nursing facility or ICF/MR that | 43412 |
| qualifies for the payments pursuant to division (B)(3), (4), (5), | 43413 |
| or (6) of this section, the later of January 1, 2006, or the date | 43414 |
| the capital project, activity, or renovation is placed into | 43415 |
| service. | 43416 |
| (2) All nursing facilities and ICFs/MR's eligibility for the | 43417 |
| payments shall cease at the earlier of the following: | 43418 |
| (a) July 1, 2007; | 43419 |
| (b) The date that the total amount of the payments equals ten | 43420 |
| million dollars. | 43421 |
| (3) The payments made for the last quarter that the payments | 43422 |
| are made may be reduced proportionately as necessary to avoid | 43423 |
| spending more than ten million dollars under this section. | 43424 |
| (4) The per diem payments shall be made for quarterly periods | 43425 |
| by multiplying the per diem determined for a nursing facility or | 43426 |
| ICF/MR by the number of Medicaid days the facility has for the | 43427 |
| quarter the payment is made. | 43428 |
| (5) Any per diem payments to be made to a nursing facility or | 43429 |
| ICF/MR for a quarter ending before July 2006 shall be made not | 43430 |
| later than September 30, 2006. | 43431 |
| (6) Any per diem payments to be made to a nursing facility or | 43432 |
| ICF/MR for a quarter beginning after June 2006 shall be made not | 43433 |
| later than three months after the last day of the quarter for | 43434 |
| which the payments are made. | 43435 |
| (7) A change of operator shall not cause the payments to a | 43436 |
| nursing facility or ICF/MR to cease. | 43437 |
| (8) The payments shall only be made to a nursing facility or | 43438 |
| ICF/MR for the quarters during fiscal years 2006 and 2007 for | 43439 |
| which the facility has a valid Medicaid provider agreement. | 43440 |
| (9) The payments shall be in addition to a nursing facility | 43441 |
| or ICF/MR's Medicaid reimbursement per diem rate calculated under | 43442 |
| Section 206.66.22, 206.66.23, or 206.66.25 of Am. Sub. H.B. 66 of | 43443 |
| the 126th General Assembly, as, in the case of Sections 206.66.22 | 43444 |
| and 206.66.23, amended by this act. | 43445 |
| (L) The Director of Job and Family Services shall monitor, on | 43446 |
| a quarterly basis, the per diem payments made to nursing | 43447 |
| facilities and ICFs/MR under this section to ensure that no more | 43448 |
| than a total of ten million dollars is spent under this section. | 43449 |
| (M) The determinations that the Director of Job and Family | 43450 |
| Services makes under this section are not subject to appeal under | 43451 |
| Chapter 119. of the Revised Code. | 43452 |
| (N) The Director of Job and Family Services may adopt rules | 43453 |
| in accordance with Chapter 119. of the Revised Code as necessary | 43454 |
| to implement this section. The Director's failure to adopt the | 43455 |
| rules does not affect the requirement that the per diem payments | 43456 |
| be made under this section. | 43457 |
| Section 606.18.09. BCMH – MEDICARE PART D COPAYMENTS | 43458 |
| (A) As used in this section: | 43459 |
| (1) "Approved drug" means a drug approved by the Department | 43460 |
| of Health for the program for medically handicapped children or | 43461 |
| program for adults with cystic fibrosis that is a covered part D | 43462 |
| drug on the formulary of a participant's plan. | 43463 |
| (2) "Copayment" means a dollar amount charged for, or a | 43464 |
| percentage of the total price of, an approved drug prescribed for | 43465 |
| a participant that meets all of the following criteria: | 43466 |
| (a) Is assessed by the participant's plan either at the time | 43467 |
| the prescription for the drug is presented or the drug is | 43468 |
| dispensed; | 43469 |
| (b) Is not otherwise covered by the participant's plan or any | 43470 |
| other third party benefits, including any benefits provided by a | 43471 |
| government entity; | 43472 |
| (c) Is not a premium or deductible. | 43473 |
| (3) "Covered part D drug" has the same meaning as in section | 43474 |
| 101(e) of the "Medicare Prescription Drug, Improvement, and | 43475 |
| Modernization Act of 2003," Pub. L. No. 108-173, 117 Stat. 2066, | 43476 |
| as amended. | 43477 |
| (4) "Participant" means an individual enrolled in the program | 43478 |
| for medically handicapped children or the program for adults with | 43479 |
| cystic fibrosis. | 43480 |
| (5) "Pharmacist" means a person licensed under Chapter 4729. | 43481 |
| of the Revised Code to engage in the practice of pharmacy. | 43482 |
| (6) "Pharmacy" has the same meaning as in section 4729.01 of | 43483 |
| the Revised Code. | 43484 |
| (7) "Pharmacy provider" means a pharmacist or pharmacy that | 43485 |
| has entered into a provider agreement with the Department of | 43486 |
| Health for purposes of the program for medically handicapped | 43487 |
| children or the program for adults with cystic fibrosis. | 43488 |
| (8) "Plan" means a health plan providing qualified | 43489 |
| prescription drug coverage under the "Medicare Prescription Drug, | 43490 |
| Improvement, and Modernization Act of 2003," Pub. L. No. 108-173, | 43491 |
| 117 Stat. 2066, as amended. | 43492 |
| (9) "Program for medically handicapped children" and "program | 43493 |
| for adults with cystic fibrosis" mean the programs established | 43494 |
| under section 3701.023 of the Revised Code. | 43495 |
| (B) For fiscal year 2007 only, the Department of Health shall | 43496 |
| pay a pharmacy provider for a copayment. | 43497 |
| (C) The Public Health Council may adopt rules as necessary to | 43498 |
| implement this section. The rules may be initially adopted as | 43499 |
| emergency rules. | 43500 |
| Section 606.23. That Sections 19.01, 20.01, 22.04, 23.12, and | 43501 |
| 23.45 of Am. Sub. H.B. 16 of the 126th General Assembly, as | 43502 |
| amended by Am. Sub. H.B. 66 of the 126th General Assembly, be | 43503 |
| amended to read as follows: | 43504 |
| Sec. 19.01. All items set forth in this section are hereby | 43505 |
| appropriated out of any moneys in the state treasury to the credit | 43506 |
| of the Cultural and Sports Facilities Building Fund (Fund 030) | 43507 |
| that are not otherwise appropriated. | 43508 |
| Appropriations |
| 43509 |
| CAP-010 | Sandusky State Theatre Improvements | $ | 325,000 | 43510 | |||
| CAP-013 | Stambaugh Hall Improvements | $ | 250,000 | 43511 | |||
| CAP-033 | Woodward Opera House Renovation | $ | 100,000 | 43512 | |||
| CAP-038 | Center Exhibit Replacement | $ | 816,000 | 43513 | |||
| CAP-043 | Statewide Site Repairs | $ | 100,000 | 43514 | |||
| CAP-044 | National Underground Railroad Freedom Center | $ | 4,150,000 | 43515 | |||
| CAP-046 | Cincinnati Museum Center Improvements | $ | 250,000 | 43516 | |||
| CAP-052 | Akron Art Museum | $ | 1,012,500 | 43517 | |||
| CAP-053 | Powers Auditorium Improvements - Eleanor Beecher Flad Pavilion | $ | 250,000 | 43518 | |||
| CAP-065 | Beck Center for the Cultural Arts | $ | 100,000 | 43519 | |||
| 43520 | |||||||
| CAP-071 | Cleveland Institute of Music | $ | 750,000 | 43521 | |||
| CAP-073 | Marina District/Ice Arena Development | $ | 3,500,000 | 43522 | |||
| CAP-074 | Stan Hywet Hall & Gardens - West Vista Restoration | $ | 750,000 | 43523 | |||
| CAP-745 | Emergency Repairs | $ | 838,560 | 43524 | |||
| CAP-769 | Rankin House State Memorial | $ | 192,000 | 43525 | |||
| CAP-781 | Archives and Library Automation | $ | 624,000 | 43526 | |||
| CAP-784 | Center Rehabilitation | $ | 960,000 | 43527 | |||
| CAP-806 | Grant Boyhood Home Improvements | $ | 480,000 | 43528 | |||
| CAP-812 | Schuster Arts Center | $ | 5,500,000 | 43529 | |||
| CAP-823 | Marion Palace Theatre | $ | 750,000 | 43530 | |||
| CAP-826 | Renaissance Theatre | $ | 750,000 | 43531 | |||
| CAP-834 | Galion Historic Big Four Depot Restoration | $ | 170,000 | 43532 | |||
| CAP-835 | Jamestown Opera House | $ | 125,000 | 43533 | |||
| CAP-844 | Charles A. Eulett Education Center/Edge of Appalachia Museum Center | $ | 1,850,000 | 43534 | |||
| CAP-845 | Lima Historic Athletic Field | $ | 100,000 | 43535 | |||
| CAP-846 | Butler Palace Theatre | $ | 200,000 | 43536 | |||
| CAP-847 | Voice of America Museum | $ | 275,000 | 43537 | |||
| CAP-848 | Oxford Arts Center ADA Project | $ | 72,000 | 43538 | |||
| CAP-849 | Clark County Community Arts Expansion Project | $ | 500,000 | 43539 | |||
| CAP-850 | Westcott House Historic Site | $ | 75,000 | 43540 | |||
| CAP-851 | General Lytle Homestead - Harmony Hill | $ | 50,000 | 43541 | |||
| CAP-852 | Miami Township Community Amphitheatre | $ | 50,000 | 43542 | |||
| CAP-853 | Western Reserve Historical Society | $ | 1,000,000 | 43543 | |||
| CAP-854 | Steamship Mather Museum | $ | 100,000 | 43544 | |||
| CAP-855 | Rock and Roll Hall of Fame | $ | 250,000 | 43545 | |||
| 43546 | |||||||
| 43547 | |||||||
| CAP-858 | Strongsville Historic Building | $ | 100,000 | 43548 | |||
| CAP-859 | Arts Castle | $ | 100,000 | 43549 | |||
| CAP-860 | Great Lakes Historical Society | $ | 325,000 | 43550 | |||
| CAP-861 | Ohio Glass Museum | $ | 250,000 | 43551 | |||
| 43552 | |||||||
| CAP-863 | Ariel Theatre | $ | 100,000 | 43553 | |||
| CAP-864 | Bellbrook/Sugarcreek Historical Society | $ | 10,000 | 43554 | |||
| CAP-866 | Sports Facilities Improvements - Cincinnati | $ | 4,350,000 | 43555 | |||
| CAP-867 | Ensemble Theatre | $ | 450,000 | 43556 | |||
| CAP-868 | Taft Museum | $ | 500,000 | 43557 | |||
| CAP-869 | Art Academy of Cincinnati | $ | 100,000 | 43558 | |||
| CAP-870 | Riverbend Pavilion Improvements | $ | 250,000 | 43559 | |||
| CAP-871 | Cincinnati Art & Technology Academy - Longworth Hall | $ | 100,000 | 43560 | |||
| CAP-872 | Music Hall: Over-The-Rhine | $ | 750,000 | 43561 | |||
| CAP-873 | John Bloomfield Home Restoration | $ | 115,000 | 43562 | |||
| CAP-874 | Malinta Historical Society Caboose Exhibit | $ | 6,000 | 43563 | |||
| CAP-875 | Hocking County Historical Society - Schempp House | $ | 10,000 | 43564 | |||
| CAP-876 | Art Deco Markay Theater | $ | 200,000 | 43565 | |||
| CAP-877 | Harvey Wells House | $ | 100,000 | 43566 | |||
| CAP-878 | Bryn Du | $ | 250,000 | 43567 | |||
| CAP-879 | Broad Street Historical Renovation | $ | 300,000 | 43568 | |||
| CAP-880 | Amherst Historical Society | $ | 35,000 | 43569 | |||
| CAP-881 | COSI - Toledo | $ | 1,900,000 | 43570 | |||
| CAP-882 | Ohio Theatre - Toledo | $ | 100,000 | 43571 | |||
| CAP-883 | Chester Academy Historic Site Renovations | $ | 25,000 | 43572 | |||
| CAP-884 | Bradford Ohio Railroad Museum | $ | 100,000 | 43573 | |||
| CAP-885 | Montgomery County Historical Society Archives | $ | 100,000 | 43574 | |||
| CAP-886 | Nelson T. Gant Historic Homestead | $ | 25,000 | 43575 | |||
| CAP-887 | Aurora Outdoor Sports Complex | $ | 50,000 | 43576 | |||
| CAP-888 | Preble County Historical Society | $ | 100,000 | 43577 | |||
| CAP-889 | Tecumseh Sugarloaf Mountain Amphitheatre | $ | 120,000 | 43578 | |||
| CAP-890 | Pro Football Hall of Fame | $ | 400,000 | 43579 | |||
| CAP-891 | MAPS Air Museum | $ | 15,000 | 43580 | |||
| CAP-892 | Foundation Community Theatre | $ | 50,000 | 43581 | |||
| CAP-893 | William McKinley Library Restoration | $ | 250,000 | 43582 | |||
| CAP-894 | Hale Farm & Village | $ | 250,000 | 43583 | |||
| CAP-896 | Richard Howe House | $ | 100,000 | 43584 | |||
| CAP-897 | Ward-Thomas Museum | $ | 30,000 | 43585 | |||
| CAP-898 | Packard Music Hall Renovation Project | $ | 43586 | ||||
| CAP-899 | Holland Theatre | $ | 100,000 | 43587 | |||
| CAP-900 | Van Wert Historical Society | $ | 32,000 | 43588 | |||
| CAP-901 | Warren County Historical Society | $ | 225,000 | 43589 | |||
| CAP-902 | Marietta Colony Theatre | $ | 335,000 | 43590 | |||
| CAP-903 | West Salem Village Opera House | $ | 92,000 | 43591 | |||
| CAP-904 | Beavercreek Community Theater | $ | 100,000 | 43592 | |||
| CAP-905 | Smith Orr Homestead | $ | 100,000 | 43593 | |||
| Total Cultural Facilities Commission | $ | 43594 | |||||
| TOTAL Cultural and Sports Facilities Building Fund | $ | 43595 | |||||
| Sec. 20.01. All items set forth in this section are hereby | 43597 |
| appropriated out of any moneys in the state treasury to the credit | 43598 |
| of the Ohio Parks and Natural Resources Fund (Fund 031) that are | 43599 |
| not otherwise appropriated. | 43600 |
| Appropriations |
| 43601 |
| 43602 |
| CAP-012 | Land Acquisition | $ | 750,000 | 43603 | |||
| CAP-051 | Buck Creek State Park - Camp/Dock Renovations | $ | 25,000 | 43604 | |||
| CAP-060 | East Fork State Park Renovation | $ | 50,000 | 43605 | |||
| CAP-068 | Kennedy Stone House | $ | 15,000 | 43606 | |||
| CAP-080 | Atwood Lake Conservancy District | $ | 75,000 | 43607 | |||
| CAP-083 | John Bryan State Park Shelter Construction | $ | 30,000 | 43608 | |||
| CAP-084 | Findley State Park General Improvements | $ | 12,500 | 43609 | |||
| CAP-086 | Scippo Creek Conservation | $ | 75,000 | 43610 | |||
| CAP-087 | Belpre City Swimming Pool | $ | 125,000 | 43611 | |||
| CAP-705 | Ohio-Erie Canal Tuscarawas River Logjam Removal | $ | 25,000 | 43612 | |||
| CAP-748 | Local Parks Projects - Statewide | $ | 43613 | ||||
| 2,561,079 | 43614 | ||||||
| CAP-753 | Project Planning | $ | 1,144,316 | 43615 | |||
| CAP-881 | Dam Rehabilitation | $ | 5,000,000 | 43616 | |||
| CAP-931 | Wastewater/Water Systems Upgrades | $ | 2,900,000 | 43617 | |||
| Total Statewide and Local Projects | $ | 43618 | |||||
| Total Department of Natural Resources | $ | 43619 | |||||
| 12,787,895 | 43620 | ||||||
| TOTAL Ohio Parks and Natural Resources Fund | $ | 43621 | |||||
| 12,787,895 | 43622 | ||||||
| GOLL WOOD HOMESTEAD | 43623 |
| Of the foregoing appropriation item CAP-748, Local Parks | 43624 |
| Projects - Statewide, $50,000 shall be used for the Goll Wood | 43625 |
| Homestead. | 43626 |
| Appropriations |
| Sec. 22.04. DMR DEPARTMENT OF MENTAL RETARDATION AND | 43627 |
| DEVELOPMENTAL DISABILITIES | 43628 |
| 43629 |
| CAP-480 | Community Assistance Projects | $ | 9,475,000 | 43630 | |||
| CAP-955 | Statewide Development Centers | $ | 3,257,257 | 43631 | |||
| Total Statewide and Central Office Projects | $ | 12,732,257 | 43632 | ||||
| TOTAL Department of Mental Retardation and Developmental Disabilities | $ | 12,732,257 | 43633 | ||||
| TOTAL MENTAL HEALTH FACILITIES IMPROVEMENT FUND | $ | 22,782,257 | 43634 | ||||
| COMMUNITY ASSISTANCE PROJECTS | 43635 |
| The foregoing appropriation item CAP-480, Community | 43636 |
| Assistance Projects, may be used to provide community assistance | 43637 |
| funds for the development, purchase, construction, or renovation | 43638 |
| of facilities for day programs or residential programs that | 43639 |
| provide services to persons eligible for services from the | 43640 |
| Department of Mental Retardation and Developmental Disabilities or | 43641 |
| county boards of mental retardation and developmental | 43642 |
| disabilities. Any funds provided to nonprofit agencies for the | 43643 |
| construction or renovation of facilities for persons eligible for | 43644 |
| services from the Department of Mental Retardation and | 43645 |
| Developmental Disabilities and county boards of mental retardation | 43646 |
| and developmental disabilities shall be governed by the prevailing | 43647 |
| wage provisions in section 176.05 of the Revised Code. | 43648 |
| Of the foregoing appropriation item CAP-480, $200,000 shall | 43649 |
| be used for the Achievement Centers for Children and $250,000 | 43650 |
| shall be used for Bellefaire Jewish Children's Bureau. | 43651 |
| Notwithstanding any other provision of law to the contrary, | 43652 |
| of the foregoing appropriation item CAP-480, | 43653 |
| 43654 | |
| the Hanson Home. | 43655 |
| Appropriations |
| Sec. 23.12. CLS CLEVELAND STATE UNIVERSITY | 43656 |
| CAP-023 | Basic Renovations | $ | 3,267,875 | 43657 | |||
| CAP-084 | Neighborhood Centers Renovations | $ | 500,000 | 43658 | |||
| CAP-125 | College of Education Building | $ | 8,057,262 | 43659 | |||
| CAP-148 | Cleveland Institute of Art | $ | 1,000,000 | 43660 | |||
| CAP-152 | Rhodes Tower-Data Center Relocation | $ | 1,000,000 | 43661 | |||
| CAP-153 | University Annex-Vacation and Demolition | $ | 49,390 | 43662 | |||
| CAP-154 | Main Classroom Stair Tower & Entry | $ | 1,500,000 | 43663 | |||
| CAP-155 | Cleveland Playhouse | $ | 250,000 | 43664 | |||
| CAP-156 | Physical Education Building Rehabilitation | $ | 1,000,000 | 43665 | |||
| Total Cleveland State University | $ | |
43666 | ||||
| NEIGHBORHOOD CENTERS RENOVATIONS | 43667 |
| Of the foregoing appropriation item CAP-084, Neighborhood | 43668 |
| Centers Renovations, $250,000 shall be used for renovations to the | 43669 |
| Friendly Inn Settlement House and $250,000 shall be used for | 43670 |
| renovations to the Merrick House. | 43671 |
| Sec. 23.45. STC STARK TECHNICAL COLLEGE | 43672 |
| CAP-004 | Basic Renovations | $ | 438,295 | 43673 | |||
| CAP-035 | Business Technologies Addition Rehabilitation | $ | 1,378,892 | 43674 | |||
| CAP-037 | Fuel Cell Initiative | $ | 250,000 | 43675 | |||
| Total Stark Technical College | $ | 2,067,187 | 43676 | ||||
| Total Board of Regents and State | 43677 | ||||||
| Institutions of Higher Education | $ | |
43678 | ||||
| TOTAL Higher Education Improvement Fund | $ | |
43679 | ||||
| Section 606.24. That existing Sections 19.01, 20.01, 22.04, | 43681 |
| 23.12, and 23.45 of Am. Sub. H.B. 16 of the 126th General | 43682 |
| Assembly, as amended by Am. Sub. H.B. 66 of the 126th General | 43683 |
| Assembly, are hereby repealed. | 43684 |
| Section 606.29. That Sections 203.06.06 and 203.06.24 of Am. | 43685 |
| Sub. H.B. 68 of the 126th General Assembly, as amended by Am. Sub. | 43686 |
| H.B. 66 of the 126th General Assembly, be amended to read as | 43687 |
| follows: | 43688 |
| Sec. 203.06.06. ENFORCEMENT | 43689 |
| State Highway Safety Fund Group | 43690 |
| 036 | 764-033 | Minor Capital Projects | $ | 1,250,000 | $ | 1,250,000 | 43691 | ||||
| 036 | 764-321 | Operating Expense - Highway Patrol | $ | 229,293,561 | $ | 237,364,988 | 43692 | ||||
| 036 | 764-605 | Motor Carrier Enforcement Expenses | $ | 2,643,022 | $ | 2,670,911 | 43693 | ||||
| 5AY | 764-688 | Traffic Safety Operating | $ | 3,082,962 | $ | 1,999,437 | 43694 | ||||
| 83C | 764-630 | Contraband, Forfeiture, Other | $ | 622,894 | $ | 622,894 | 43695 | ||||
| 83F | 764-657 | Law Enforcement Automated Data System | $ | 7,324,524 | $ | 7,544,260 | 43696 | ||||
| 83G | 764-633 | OMVI Fines | $ | 820,927 | $ | 820,927 | 43697 | ||||
| 83J | 764-693 | Highway Patrol Justice Contraband | $ | 2,100,000 | $ | 2,100,000 | 43698 | ||||
| 83T | 764-694 | Highway Patrol Treasury Contraband | $ | 21,000 | $ | 21,000 | 43699 | ||||
| 831 | 764-610 | Patrol - Federal | $ | 2,430,950 | $ | 2,455,484 | 43700 | ||||
| 831 | 764-659 | Transportation Enforcement - Federal | $ | 4,880,671 | $ | 5,027,091 | 43701 | ||||
| 837 | 764-602 | Turnpike Policing | $ | 9,942,621 | $ | 10,240,900 | 43702 | ||||
| 838 | 764-606 | Patrol Reimbursement | $ | 222,108 | $ | 222,108 | 43703 | ||||
| 840 | 764-607 | State Fair Security | $ | 1,496,283 | $ | 1,496,283 | 43704 | ||||
| 840 | 764-617 | Security and Investigations | $ | 8,145,192 | $ | 8,145,192 | 43705 | ||||
| 840 | 764-626 | State Fairgrounds Police Force | $ | 788,375 | $ | 788,375 | 43706 | ||||
| 841 | 764-603 | Salvage and Exchange - Highway Patrol | $ | 1,305,954 | $ | 1,339,399 | 43707 | ||||
| TOTAL HSF State Highway Safety | 43708 | ||||||||||
| Fund Group | $ |
|
$ | 43709 | |||||||
| General Services Fund Group | 43710 |
| 4S2 | 764-660 | MARCS Maintenance | $ | 252,432 | $ | 262,186 | 43711 | |||||
| TOTAL GSF General Services | 43712 | |||||||||||
| Fund Group | $ | 252,432 | $ | 262,186 | 43713 | |||||||
| 43714 |
| 43715 | |||||||||||
| 43716 | |||||||||||
| TOTAL ALL BUDGET FUND GROUPS - | 43717 | ||||||||||
| Enforcement | $ | |
$ | |
43718 | ||||||
| CASH TRANSFER TO HIGHWAY PATROL FEDERAL CONTRABAND, | 43719 |
| FORFEITURE, AND OTHER FUND (FUND 3BF) | 43720 |
| On July 1, 2005, or as soon thereafter as possible, | 43721 |
| notwithstanding any other provision of law to the contrary, the | 43722 |
| Director of Budget and Management shall transfer $1,942,040 in | 43723 |
| cash from the Highway Patrol State Contraband, Forfeiture, and | 43724 |
| Other Fund (Fund 83C) in the State Highway Safety Fund Group to | 43725 |
| the Highway Patrol Federal Contraband, Forfeiture, and Other Fund | 43726 |
| (Fund 3BF) in the Federal Special Revenue Fund Group. | 43727 |
| CASH TRANSFERS FROM THE HIGHWAY PATROL FEDERAL CONTRABAND, | 43728 |
| FORFEITURE, AND OTHER FUND (FUND 3BF) | 43729 |
| On the effective date of this section, or as soon as | 43730 |
| practicable thereafter, the Director of Public Safety and the | 43731 |
| Director of Budget and Management shall do all of the following: | 43732 |
| (A) The Director of Public Safety shall certify to the | 43733 |
| Director of Budget and Management the amount of the cash balance | 43734 |
| credited to the Highway Patrol Federal Contraband, Forfeiture, and | 43735 |
| Other Fund (Fund 3BF) that consists of proceeds received by the | 43736 |
| State Highway Patrol from the United States Department of Justice | 43737 |
| pursuant to federal law from a sale of forfeited contraband, | 43738 |
| proceeds from another disposition of forfeited contraband, or | 43739 |
| forfeited contraband moneys, and any related investment or other | 43740 |
| earnings, and the Director of Budget and Management shall transfer | 43741 |
| that certified amount in cash to the credit of the Highway Patrol | 43742 |
| Justice Contraband Fund (Fund 83J); | 43743 |
| (B) The Director of Public Safety shall certify to the | 43744 |
| Director of Budget and Management the amount of the cash balance | 43745 |
| credited to the Highway Patrol Federal Contraband, Forfeiture, and | 43746 |
| Other Fund (Fund 3BF) that consists of proceeds received by the | 43747 |
| State Highway Patrol from the United States Department of Treasury | 43748 |
| pursuant to federal law from a sale of forfeited contraband, | 43749 |
| proceeds from another disposition of forfeited contraband, or | 43750 |
| forfeited contraband moneys, and any related investment or other | 43751 |
| earnings, and the Director of Budget and Management shall transfer | 43752 |
| that certified amount in cash to the credit of the Highway Patrol | 43753 |
| Treasury Contraband Fund (Fund 83T). | 43754 |
| Upon completion of the cash transfers specified in divisions | 43755 |
| (A) and (B) of this section, the Highway Patrol Federal | 43756 |
| Contraband, Forfeiture, and Other Fund is abolished. The Director | 43757 |
| of Budget and Management shall cancel any existing encumbrances | 43758 |
| against appropriation item 764-692, Federal Contraband, | 43759 |
| Forfeiture, and Other, and re-establish them against appropriation | 43760 |
| items 764-693, Highway Patrol Justice Contraband, and 764-694, | 43761 |
| Highway Patrol Treasury Contraband, as appropriate, for the same | 43762 |
| purpose and to the same vendor. As determined by the Director, the | 43763 |
| appropriation authority necessary to re-establish those | 43764 |
| encumbrances is hereby authorized. | 43765 |
| COLLECTIVE BARGAINING INCREASES | 43766 |
| Notwithstanding division (D) of section 127.14 and division | 43767 |
| (B) of section 131.35 of the Revised Code, except for the General | 43768 |
| Revenue Fund, the Controlling Board may, upon the request of | 43769 |
| either the Director of Budget and Management, or the Department of | 43770 |
| Public Safety with the approval of the Director of Budget and | 43771 |
| Management, increase appropriations for any fund, as necessary for | 43772 |
| the Department of Public Safety, to assist in paying the costs of | 43773 |
| increases in employee compensation that have occurred pursuant to | 43774 |
| collective bargaining agreements under Chapter 4117. of the | 43775 |
| Revised Code and, for exempt employees, under section 124.152 of | 43776 |
| the Revised Code. | 43777 |
| Sec. 203.06.24. REVENUE DISTRIBUTION | 43778 |
| Holding Account Redistribution Fund Group | 43779 |
| R24 | 762-619 | Unidentified Public Safety Receipts | $ | 1,885,000 | $ | 1,885,000 | 43780 | ||||
| R52 | 762-623 | Security Deposits | $ | 250,000 | $ | 250,000 | 43781 | ||||
| TOTAL 090 Holding Account | 43782 | ||||||||||
| Redistribution Fund Group | $ | 2,135,000 | $ | 2,135,000 | 43783 | ||||||
| TOTAL ALL BUDGET FUND GROUPS - | 43784 | ||||||||||
| Revenue Distribution | $ | 2,135,000 | $ | 2,135,000 | 43785 | ||||||
| TRANSFER OF CASH BALANCE FROM FUND R27, HIGHWAY PATROL FEE | 43786 |
| REFUND FUND | 43787 |
| On July 1, 2005, or as soon as possible thereafter, the | 43788 |
| Director of Budget and Management shall transfer the cash balance | 43789 |
| in the Highway Patrol Fee Refund Fund (Fund R27) created in former | 43790 |
| section 4501.12 of the Revised Code to the Unidentified Public | 43791 |
| Safety Receipts Fund (Fund R24). | 43792 |
| 43793 |
| TOTAL HSF State Highway Safety | 43794 | ||||||||||
| Fund Group | $ | $ | 43795 | ||||||||
| TOTAL SSR State Special Revenue | 43796 | ||||||||||
| Fund Group | $ | 3,634,144 | $ | 3,634,144 | 43797 | ||||||
| TOTAL LCF Liquor Control | 43798 | ||||||||||
| Fund Group | $ | 10,120,365 | $ | 10,423,976 | 43799 | ||||||
| TOTAL GSF General Services | 43800 | ||||||||||
| Fund Group | $ | 752,432 | $ | 762,186 | 43801 | ||||||
| TOTAL FED Federal Special Revenue | 43802 | ||||||||||
| Fund Group | $ | |
$ | |
43803 | ||||||
| TOTAL AGY Agency Fund Group | $ | 100,000 | $ | 100,000 | 43804 | ||||||
| TOTAL 090 Holding Account Redistribution | 43805 | ||||||||||
| Fund Group | $ | 2,135,000 | $ | 2,135,000 | 43806 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | |
$ | |
43807 | ||||||
| Section 606.30. That existing Sections 203.06.06 and | 43809 |
| 203.06.24 of Am. Sub. H.B. 68 of the 126th General Assembly, as | 43810 |
| amended by Am. Sub. H.B. 66 of the 126th General Assembly, are | 43811 |
| hereby repealed. | 43812 |
| Section 609.05. That Sections 23 and 23.01 of Am. Sub. S.B. | 43813 |
| 189 of the 125th General Assembly be amended to read as follows: | 43814 |
| Sec. 23. All items set forth in this section are hereby | 43815 |
| appropriated out of any moneys in the state treasury to the credit | 43816 |
| of the Ohio Parks and Natural Resources Fund (Fund 031) that are | 43817 |
| not otherwise appropriated: | 43818 |
| Reappropriations |
| 43819 |
| 43820 |
| CAP-012 | Land Acquisition | $ | 958,039 | 43821 | |||
| CAP-702 | Upgrade Underground Fuel Storage Tanks | $ | 999,294 | 43822 | |||
| CAP-703 | Cap Abandoned Water Wells | $ | 189,482 | 43823 | |||
| CAP-748 | Local Parks Projects - Statewide | $ | 3,406,183 | 43824 | |||
| CAP-751 | City of Portsmouth Launch Ramp | $ | 15,989 | 43825 | |||
| CAP-753 | Project Planning | $ | 118,360 | 43826 | |||
| CAP-766 | South Fork Licking Watershed Study | $ | 600 | 43827 | |||
| CAP-768 | Grand River Wildlife Area | $ | 2,700 | 43828 | |||
| CAP-788 | Community Recreation Projects | $ | 60,000 | 43829 | |||
| CAP-799 | Village of Nelville Boat Ramp | $ | 140,727 | 43830 | |||
| CAP-800 | City of Gallipolis Courtesy Dock | $ | 8,700 | 43831 | |||
| CAP-814 | North of Rush Run Wildlife Area | $ | 200 | 43832 | |||
| CAP-834 | Appraisal Fees - Statewide | $ | 77,265 | 43833 | |||
| CAP-844 | Put-In-Bay Township Port Authority | $ | 79,784 | 43834 | |||
| CAP-868 | New Philadelphia Office Relocation | $ | 1,500,000 | 43835 | |||
| CAP-881 | Dam Rehabilitation | $ | 14,998,701 | 43836 | |||
| CAP-900 | City of Huron Docks | $ | 46,786 | 43837 | |||
| CAP-928 | Handicapped Accessibility | $ | 743,285 | 43838 | |||
| CAP-929 | Hazardous Waste/Asbestos Abatement | $ | 102,857 | 43839 | |||
| CAP-931 | Wastewater/Water Systems Upgrades | $ | 9,439,572 | 43840 | |||
| CAP-932 | Wetlands/Waterfront Acquisition | $ | 223,481 | 43841 | |||
| CAP-934 | Operations Facilities Development | $ | 1,486,438 | 43842 | |||
| CAP-963 | Fairpoint Harbor Port Authority | $ | 103,293 | 43843 | |||
| CAP-995 | Boundary Protection | $ | 32,426 | 43844 | |||
| CAP-999 | Geographic Information Management System | $ | 779,501 | 43845 | |||
| Total Statewide and Local Projects | $ | 35,513,663 | 43846 | ||||
| 43847 |
| CAP-750 | Quilter CCC Camp | $ | 900 | 43848 | |||
| CAP-817 | Riffe CCC Camp | $ | 1,309 | 43849 | |||
| CAP-835 | Civilian Conservation Facilities | $ | 1,847,074 | 43850 | |||
| Total Division of Civilian Conservation | $ | 1,849,283 | 43851 | ||||
| 43852 |
| CAP-021 | Mohican State Forest | $ | 1,200 | 43853 | |||
| CAP-030 | Shawnee State Forest | $ | 1,300 | 43854 | |||
| CAP-073 | Brush Creek State Forest | $ | 5,850 | 43855 | |||
| CAP-146 | Zaleski State Forest | $ | 200 | 43856 | |||
| CAP-213 | Shade River State Forest | $ | 200 | 43857 | |||
| CAP-841 | Operations and Maintenance Facility Development and Renovation | $ | 1,489,212 | 43858 | |||
| CAP-977 | Fernwood State Forest | $ | 7,181 | 43859 | |||
| Total Division of Forestry | $ | 1,505,143 | 43860 | ||||
| 43861 |
| CAP-867 | Reclamation Facilities Renovation and Development | $ | 19,500 | 43862 | |||
| Total Division of Mineral Resources Management | $ | 19,500 | 43863 | ||||
| 43864 |
| CAP-006 | Little Beaver Creek Nature Preserve | $ | 1,500 | 43865 | |||
| CAP-826 | Natural Areas and Preserves Maintenance/Facility Development | $ | 788,056 | 43866 | |||
| CAP-831 | Lake Katherine | $ | 17,699 | 43867 | |||
| CAP-870 | Little Miami Scenic River | $ | 4,800 | 43868 | |||
| Total Division of Natural Areas | $ | 812,055 | 43869 | ||||
| 43870 |
| CAP-003 | Barkcamp State Park | $ | 3,025 | 43871 | |||
| CAP-005 | Cowan Lake State Park | $ | 34,684 | 43872 | |||
| CAP-010 | East Harbor State Park | $ | 41,329 | 43873 | |||
| CAP-016 | Hueston Woods State Park | $ | 2,500 | 43874 | |||
| CAP-017 | Indian Lake State Park | $ | 2,319 | 43875 | |||
| CAP-018 | Kelleys Island State Park | $ | 5,700 | 43876 | |||
| CAP-019 | Lake Hope State Park | $ | 500 | 43877 | |||
| CAP-025 | Punderson Lake State Park | $ | 8,997 | 43878 | |||
| CAP-026 | Pymatuning State Park | $ | 2,650 | 43879 | |||
| CAP-032 | West Branch State Park | $ | 6,243 | 43880 | |||
| CAP-037 | Kiser Lake State Park | $ | 10,616 | 43881 | |||
| CAP-051 | Buck Creek State Park | $ | 500 | 43882 | |||
| CAP-052 | Buckeye Lake State Park | $ | 74,746 | 43883 | |||
| CAP-060 | East Fork State Park | $ | 1,709 | 43884 | |||
| CAP-064 | Geneva State Park | $ | 750 | 43885 | |||
| CAP-069 | Hocking Hills State Park | $ | 472 | 43886 | |||
| CAP-089 | Mosquito Lake State Park | $ | 43887 | ||||
| CAP-093 | Portage Lakes State Park | $ | 44,676 | 43888 | |||
| CAP-114 | Beaver Creek State Park | $ | 12,000 | 43889 | |||
| CAP-119 | Forked Run State Park | $ | 5,123 | 43890 | |||
| CAP-169 | Lake White State Park | $ | 3,100 | 43891 | |||
| CAP-222 | Wolf Run State Park | $ | 205,787 | 43892 | |||
| CAP-234 | State Parks, Campgrounds, Lodges, and Cabins | $ | 3,431,369 | 43893 | |||
| CAP-305 | Maumee Bay State Park | $ | 900 | 43894 | |||
| CAP-331 | Park Boating Facilities | $ | 5,411,873 | 43895 | |||
| CAP-390 | State Park Maintenance/Facility Development | $ | 1,803,182 | 43896 | |||
| CAP-718 | Grand Lake St. Marys State Park | $ | 7,490 | 43897 | |||
| CAP-719 | Indian Lake State Park | $ | 7,610 | 43898 | |||
| CAP-758 | Muskingum River Parkway Lock #7 | $ | 1,146 | 43899 | |||
| CAP-795 | Headlands Beach State Park | $ | 25,160 | 43900 | |||
| CAP-815 | Mary Jane Thurston State Park | $ | 4,700 | 43901 | |||
| CAP-825 | Marblehead Lighthouse State Park | $ | 1,233 | 43902 | |||
| CAP-829 | Sycamore State Park | $ | 500 | 43903 | |||
| CAP-836 | State Park Renovations/Upgrading | $ | 3,254,137 | 43904 | |||
| CAP-851 | Cleveland Lakefront | $ | 47,051 | 43905 | |||
| CAP-916 | Lake Milton State Park | $ | 46,509 | 43906 | |||
| Total Division of Parks and Recreation | $ | 43907 | |||||
| 43908 |
| CAP-810 | New Facilities at Farm Science Review | $ | 500 | 43909 | |||
| Total Division of Soil and Water Conservation | $ | 500 | 43910 | ||||
| 43911 |
| CAP-705 | Rehabilitate Canals, Hydraulic Works, and Support Facilities | $ | 3,781,222 | 43912 | |||
| CAP-730 | Miami and Erie Canal | $ | 700 | 43913 | |||
| CAP-819 | Rehabilitate/Automate - Ohio Ground Water Observation Well Network | $ | 294,266 | 43914 | |||
| CAP-820 | Automated Stream, Lake, and Ground Water Data Collection | $ | 509,396 | 43915 | |||
| CAP-822 | Flood Hazard Information Studies | $ | 5,518 | 43916 | |||
| CAP-848 | Hazardous Dam Repair - Statewide | $ | 267,000 | 43917 | |||
| Total Division of Water | $ | 4,858,102 | 43918 | ||||
| TOTAL Department of Natural Resources | $ | 43919 | |||||
| TOTAL Ohio Parks and Natural Resources Fund | $ | 43920 | |||||
| Sec. 23.01. LAND ACQUISITION | 43922 |
| Of the foregoing appropriation item CAP-012, Land | 43923 |
| Acquisition, $300,000 shall be used by the City of Mentor to | 43924 |
| purchase property for the Mentor Marsh. | 43925 |
| MOSQUITO LAKE STATE PARK | 43926 |
| The amount reappropriated for the foregoing appropriation | 43927 |
| item CAP-089, Mosquito Lake State Park, is the unencumbered and | 43928 |
| unallotted balance as of June 30, 2004, in appropriation item | 43929 |
| CAP-089, Mosquito Lake State Park, plus $25,000. Of the foregoing | 43930 |
| appropriation item CAP-089, Mosquito Lake State Park, up to | 43931 |
| $25,000 shall be used to conduct a state lodge feasibility study. | 43932 |
| MIAMI AND ERIE CANAL IMPROVEMENTS | 43933 |
| Of the foregoing appropriation item CAP-705, Rehabilitate | 43934 |
| Canals, Hydraulic Works, and Support Facilities, at least | 43935 |
| $1,250,000 shall be used for Miami and Erie Canal improvements. | 43936 |
| LOCAL PARKS PROJECTS - STATEWIDE | 43937 |
| The amount reappropriated for the foregoing appropriation | 43938 |
| item CAP-748, Local Parks Projects - Statewide, is $840,879 plus | 43939 |
| the unencumbered and unallotted balance as of June 30, 2004, in | 43940 |
| item CAP-748, Local Parks Projects - Statewide. The $840,879 | 43941 |
| represents amounts that were previously appropriated, allocated to | 43942 |
| counties pursuant to division (D) of section 1557.06 of the | 43943 |
| Revised Code, and encumbered for local project grants. The | 43944 |
| encumbrances for these local projects in the various counties | 43945 |
| shall be canceled by the Director of Natural Resources or the | 43946 |
| Director of Budget and Management. The Director of Natural | 43947 |
| Resources shall allocate the $840,879 to the same counties the | 43948 |
| moneys were originally allocated to, in the amount of the canceled | 43949 |
| encumbrances. | 43950 |
| DAM REHABILITATION | 43951 |
| Of the foregoing appropriation item CAP-881, Dam | 43952 |
| Rehabilitation, up to $5,000,000 shall be used to rehabilitate the | 43953 |
| Muskingum River Locks and Dams. | 43954 |
| Section 609.06. That existing Sections 23 and 23.01 of Am. | 43955 |
| Sub. S.B. 189 of the 125th General Assembly are hereby repealed. | 43956 |
| Section 609.11. That Section 22 of Am. Sub. S.B. 189 of the | 43957 |
| 125th General Assembly, as most recently amended by Am. Sub. H.B. | 43958 |
| 66 of the 126th General Assembly, be amended to read as follows: | 43959 |
| Sec. 22. All items set forth in this section are hereby | 43960 |
| appropriated out of any moneys in the state treasury to the credit | 43961 |
| of the Cultural and Sports Facilities Building Fund (Fund 030) | 43962 |
| that are not otherwise appropriated: | 43963 |
| Reappropriations |
| 43964 |
| CAP-003 | Center of Science and Industry - Toledo | $ | 12,268 | 43965 | |||
| CAP-004 | Valentine Theatre | $ | 1,111 | 43966 | |||
| CAP-005 | Center of Science and Industry - Columbus | $ | 181,636 | 43967 | |||
| CAP-010 | Sandusky State Theatre Improvements | $ | 1,000,000 | 43968 | |||
| CAP-017 | Zion Center of the National Afro-American Museum | $ | 488,232 | 43969 | |||
| CAP-021 | Ohio Historical Center - Archives and Library Shelving | $ | 2,395 | 43970 | |||
| CAP-033 | Woodward Opera House Renovation | $ | 1,050,000 | 43971 | |||
| CAP-037 | Canton Palace Theatre Renovations | $ | 1,066,126 | 43972 | |||
| CAP-038 | Center Exhibit Replacement | $ | 750,000 | 43973 | |||
| CAP-042 | Statewide Site Exhibit/Renovation & Construction | $ | 625,000 | 43974 | |||
| CAP-043 | Statewide Site Repairs | $ | 454,000 | 43975 | |||
| CAP-046 | Cincinnati Museum Center Improvements | $ | 500,000 | 43976 | |||
| CAP-052 | Akron Art Museum | $ | 6,634,666 | 43977 | |||
| CAP-053 | Powers Auditorium Improvements | $ | 200,000 | 43978 | |||
| CAP-055 | Waco Museum & Aviation Learning Center | $ | 500,000 | 43979 | |||
| CAP-057 | Comprehensive Master Plan | $ | 180,000 | 43980 | |||
| CAP-058 | Cedar Bog Nature Preserve Education Center | $ | 766,200 | 43981 | |||
| CAP-061 | Statewide Arts Facilities Planning | $ | 35,931 | 43982 | |||
| 43983 | |||||||
| CAP-064 | Bramley Historic House | $ | 75,000 | 43984 | |||
| CAP-066 | Delaware County Cultural Arts Center | $ | 40,000 | 43985 | |||
| CAP-068 | Perry County Historical Society | $ | 100,000 | 43986 | |||
| 43987 | |||||||
| CAP-071 | Cleveland Institute of Music | $ | 750,000 | 43988 | |||
| CAP-072 | West Side Arts Consortium | $ | 138,000 | 43989 | |||
| CAP-074 | Stan Hywet Hall & Gardens | $ | 250,000 | 43990 | |||
| CAP-075 | McKinley Museum Improvements | $ | 125,000 | 43991 | |||
| CAP-076 | Spring Hill Historic Home | $ | 125,000 | 43992 | |||
| CAP-077 | Western Reserve Ballet Improvements | $ | 100,000 | 43993 | |||
| CAP-078 | Midland Theatre | $ | 175,000 | 43994 | |||
| CAP-079 | Lorain Palace Civic Theatre | $ | 200,000 | 43995 | |||
| CAP-080 | Great Lakes Historical Society | $ | 150,000 | 43996 | |||
| CAP-734 | Hayes Presidential Center | $ | 75,000 | 43997 | |||
| CAP-745 | Historic Sites and Museums | $ | 750,000 | 43998 | |||
| CAP-753 | Buffington Island State Memorial | $ | 91,500 | 43999 | |||
| CAP-770 | Serpent Mound State Memorial | $ | 295,000 | 44000 | |||
| CAP-784 | Ohio Historical Center Rehabilitation | $ | 673,700 | 44001 | |||
| CAP-786 | Piqua/Ft Picakawillany Acquisition and Improvements | $ | 136,000 | 44002 | |||
| CAP-789 | Neil Armstrong Air and Space Museum Improvements | $ | 103,516 | 44003 | |||
| CAP-791 | Harrison Tomb and Site Renovations | $ | 149,500 | 44004 | |||
| CAP-796 | Moundbuilders State Memorial | $ | 530,000 | 44005 | |||
| CAP-806 | Grant Boyhood Home Improvements | $ | 68,333 | 44006 | |||
| CAP-809 | Cincinnati Ballet Facility Improvements | $ | 450,000 | 44007 | |||
| CAP-810 | Toledo Museum of Art Improvements | $ | 2,000,000 | 44008 | |||
| CAP-814 | Crawford Museum of Transportation & Industry | $ | 2,500,000 | 44009 | |||
| CAP-820 | Historical Center Ohio Village Buildings | $ | 502,000 | 44010 | |||
| CAP-821 | Lorain County Historical Society | $ | 300,000 | 44011 | |||
| CAP-822 | $ | 40,000 | 44012 | ||||
| CAP-823 | Marion Palace Theatre | $ | 825,000 | 44013 | |||
| CAP-824 | McConnellsville Opera House | $ | 75,000 | 44014 | |||
| CAP-825 | Secrest Auditorium | $ | 75,000 | 44015 | |||
| CAP-826 | Renaissance Theatre | $ | 50,000 | 44016 | |||
| CAP-827 | Trumpet in the Land | $ | 100,000 | 44017 | |||
| CAP-829 | Mid Ohio Valley Players | $ | 80,000 | 44018 | |||
| CAP-830 | The Anchorage | $ | 50,000 | 44019 | |||
| CAP-831 | Wayne County Historical Society | $ | 300,000 | 44020 | |||
| CAP-833 | Promont House Museum | $ | 200,000 | 44021 | |||
| CAP-837 | Lake County Historical Society | $ | 250,000 | 44022 | |||
| CAP-839 | Hancock Historical Society | $ | 75,000 | 44023 | |||
| CAP-840 | Riversouth Development | $ | 1,000,000 | 44024 | |||
| CAP-841 | Ft. Piqua Hotel | $ | 200,000 | 44025 | |||
| CAP-843 | Marina District/Ice Arena Development | $ | 4,000,000 | 44026 | |||
| Total Cultural Facilities Commission | $ | 44027 | |||||
| TOTAL |
$ | 44028 | |||||
| COSI COLUMBUS - LOCAL ADMINISTRATION OF CAPITAL PROJECT | 44029 |
| CONTRACTS | 44030 |
| Notwithstanding division (A) of section 3383.07 of the | 44031 |
| Revised Code, the Ohio Cultural Facilities Commission, with | 44032 |
| respect to the foregoing appropriation item CAP-005, Center of | 44033 |
| Science and Industry - Columbus, may administer all or part of | 44034 |
| capital facilities project contracts involving exhibit fabrication | 44035 |
| and installation as determined by the Department of Administrative | 44036 |
| Services, the Center of Science and Industry - Columbus, and the | 44037 |
| Ohio Cultural Facilities Commission in review of the project | 44038 |
| plans. The Ohio Cultural Facilities Commission shall enter into a | 44039 |
| contract with the Center of Science and Industry - Columbus to | 44040 |
| administer the exhibit fabrication and installation contracts and | 44041 |
| such contracts are not subject to Chapter 123. or 153. of the | 44042 |
| Revised Code. | 44043 |
| SPORTS FACILITIES IMPROVEMENTS - AKRON | 44044 |
| The amount reappropriated to the Cultural and Sports | 44045 |
| Facilities Building Fund (Fund 030), CAP-024, Sports Facilities | 44046 |
| Improvements - Akron, is the unallotted and unencumbered balance | 44047 |
| in the Sports Facilities Building Fund (Fund 024), CAP-024, Sports | 44048 |
| Facilities Improvements - Akron. | 44049 |
| REDS HALL OF FAME | 44050 |
| The amount reappropriated to the Cultural and Sports | 44051 |
| Facilities Building Fund (Fund 030), CAP-025, Reds Hall of Fame, | 44052 |
| is the unallotted and unencumbered balance in the Sports | 44053 |
| Facilities Building Fund (Fund 024), CAP-025, Reds Hall of Fame. | 44054 |
| AKRON ART MUSEUM | 44055 |
| The amount reappropriated for the foregoing appropriation | 44056 |
| item CAP-052, Akron Art Museum, is the unencumbered and unallotted | 44057 |
| balance as of June 30, 2004, in appropriation item CAP-052, Akron | 44058 |
| Art Museum, plus $1,634,666. | 44059 |
| MID OHIO VALLEY PLAYERS | 44060 |
| The amount reappropriated for the foregoing appropriation | 44061 |
| item CAP-829, Mid Ohio Valley Players, is the unencumbered and | 44062 |
| unallotted balance as of June 30, 2004, in appropriation item | 44063 |
| CAP-829, Mid Ohio Valley Players, plus $30,000. | 44064 |
| RIVERSOUTH DEVELOPMENT | 44065 |
| The amount reappropriated for the foregoing appropriation | 44066 |
| item CAP-840, Riversouth Development, is the unencumbered and | 44067 |
| unallotted balance as of June 30, 2004, in appropriation item | 44068 |
| CAP-840, Riversouth Development, minus $9,000,000. | 44069 |
| MARINA DISTRICT/ICE ARENA DEVELOPMENT | 44070 |
| The amount reappropriated to the Cultural and Sports | 44071 |
| Facilities Building Fund (Fund 030), CAP-843, Marina District/Ice | 44072 |
| Arena Development, is the unallotted and unencumbered balance in | 44073 |
| the Sports Facilities Building Fund (Fund 024), CAP-073, Marina | 44074 |
| District/Ice Arena Development. | 44075 |
| Section 609.12. That existing Section 22 of Am. Sub. S.B. 189 | 44076 |
| of the 125th General Assembly, as most recently amended by Am. | 44077 |
| Sub. H.B. 66 of the 126th General Assembly, is hereby repealed. | 44078 |
| Section 690.03. That Section 315.03 of Am. Sub. H.B. 66 of | 44079 |
| the 126th General Assembly is hereby repealed. | 44080 |
| Section 690.06. That Section 557.09.09 of Am. Sub. H.B. 66 of | 44081 |
| the 126th General Assembly is hereby repealed effective December | 44082 |
| 31, 2006. | 44083 |
| Section 690.09. That Section 5 of Am. Sub. S.B. 234 of the | 44084 |
| 125th General Assembly is hereby repealed. | 44085 |
| Section 701.03. On or before February 20, 2007, each clerk of | 44086 |
| court, as defined in section 120.36 of the Revised Code, shall | 44087 |
| provide to the State Public Defender a report including all of the | 44088 |
| following for the calendar year 2006: | 44089 |
| (A) The number of persons who requested or were provided a | 44090 |
| state public defender, county or joint county public defender, or | 44091 |
| other counsel appointed by the court; | 44092 |
| (B) The number of persons for whom the court waived the | 44093 |
| application fee pursuant to division (A) of section 120.36 of the | 44094 |
| Revised Code; | 44095 |
| (C) The dollar value of the application fees assessed | 44096 |
| pursuant to division (A) of section 120.36 of the Revised Code; | 44097 |
| (D) The amount of assessed application fees collected; | 44098 |
| (E) The balance of unpaid assessed application fees at the | 44099 |
| open and close of the calendar year. | 44100 |
| Section 703.03. TRANSFER PROVISIONS FOR ESTABLISHMENT OF AN | 44101 |
| ADAMH BOARD | 44102 |
| If a board of county commissioners establishes a board of | 44103 |
| alcohol, drug addiction, and mental health services (ADAMH board) | 44104 |
| pursuant to division (B) of section 340.021 of the Revised Code, | 44105 |
| the ADAMH board shall possess all the rights, privileges, | 44106 |
| immunities, powers, franchises, and authority of the county's | 44107 |
| community mental health board and alcohol and drug addiction | 44108 |
| services board, and all property of every description, and every | 44109 |
| interest therein, and all obligations of or belonging to or due to | 44110 |
| the community mental health board and alcohol and drug addiction | 44111 |
| services board shall thereafter be taken and deemed to be | 44112 |
| transferred to and vested into the ADAMH board without further act | 44113 |
| or deed. | 44114 |
| Section 709.03. The membership on the Farmland Preservation | 44115 |
| Advisory Board of the representative of the Natural Resources | 44116 |
| Conservation Service in the United States Department of | 44117 |
| Agriculture is hereby terminated pursuant to amendments to section | 44118 |
| 901.23 of the Revised Code made by this act. The remainder of the | 44119 |
| term of that member shall be served by the member who is required | 44120 |
| to be appointed by the Director of Agriculture to represent soil | 44121 |
| and water conservation interests under that section as amended by | 44122 |
| this act. | 44123 |
| Section 709.06. (A) The Department of Agriculture shall | 44124 |
| refund money collected from the fee established under division | 44125 |
| (B)(3) of section 907.14 of the Revised Code, as that section | 44126 |
| existed prior to its amendment by Sub. S.B. 189 of the 126th | 44127 |
| General Assembly, to either or both of the following: | 44128 |
| (1) Vegetable seed labelers who sold vegetable seeds in | 44129 |
| hermetically sealed containers of eight ounces or less with a seed | 44130 |
| count of 1,000 seeds or more from January 1, 2004, through | 44131 |
| December 31, 2005; | 44132 |
| (2) Flower seed labelers who sold flower seeds in | 44133 |
| hermetically sealed containers of eight ounces or less containing | 44134 |
| more than 300 seeds from January 1, 2004, through December 31, | 44135 |
| 2005. | 44136 |
| (B) The Department shall notify those seed labelers who may | 44137 |
| be eligible for a refund under this section. The Department may | 44138 |
| request, and a seed labeler who may be eligible for a refund under | 44139 |
| this section shall provide, any information that the Department | 44140 |
| requests in order to determine if the seed labeler is eligible for | 44141 |
| a refund under this section. The Department has exclusive | 44142 |
| discretion in determining eligibility for refunds under this | 44143 |
| section. | 44144 |
| (C) The Director of Agriculture shall use money appropriated | 44145 |
| to the Commercial Feed, Fertilizer, Seed, and Lime Inspection and | 44146 |
| Laboratory Fund created in section 905.38 of the Revised Code to | 44147 |
| pay the refunds authorized under this section. | 44148 |
| Section 733.03. Not later than six months after the effective | 44149 |
| date of this section, the Department of Education shall develop | 44150 |
| and submit to the Education Committee of the Senate and of the | 44151 |
| House of Representatives a proposal for an appropriate penalty to | 44152 |
| be applied to school districts and community schools that | 44153 |
| intentionally report to the Department inaccurate data regarding | 44154 |
| formula ADM or community school ADM and other student attendance | 44155 |
| numbers required under section 3314.08 or 3317.03 of the Revised | 44156 |
| Code and shall provide public testimony on the proposal before | 44157 |
| those committees. Copies of the proposal also shall be submitted | 44158 |
| to the President and Minority Leader of the Senate and the Speaker | 44159 |
| and Minority Leader of the House of Representatives. In developing | 44160 |
| the proposal, the Department also shall examine the penalties | 44161 |
| prescribed by law and shall provide legislative recommendations | 44162 |
| regarding those penalties. | 44163 |
| Section 737.03. The requirement in section 3718.02 of the | 44164 |
| Revised Code as it results from this act that rules be adopted not | 44165 |
| sooner than July 1, 2007, supersedes the requirement in the | 44166 |
| section as it resulted from Sub. H.B. 231 of the 125th General | 44167 |
| Assembly that the rules be adopted not later than May 6, 2006. | 44168 |
| Section 753.03. (A) The Governor is hereby authorized to | 44169 |
| execute a deed in the name of the state conveying to Wayne County | 44170 |
| Community Improvement Corporation, and its successors and assigns, | 44171 |
| all of the state's right, title, and interest in the following | 44172 |
| described real estate that has been determined as no longer | 44173 |
| required for state purposes: | 44174 |
| Situated in the Township of Wooster, County of Wayne, State | 44175 |
| of Ohio, and known as part of the Southwest Quarter of Section 12, | 44176 |
| T-15, R-13, and more fully described as follows: | 44177 |
| COMMENCING at the Northwest Corner of the Southwest Quarter | 44178 |
| of Section 12 and bounded by the following courses, | 44179 |
| 1) Thence S 87°50'00" E along the north line of the Southwest | 44180 |
| Quarter of Section 12 a distance of 2,620.06 feet to the Northeast | 44181 |
| Corner of the Southwest Quarter of Section 12, | 44182 |
| 2) Thence, S 2°53'14" W along the east line of the Southwest | 44183 |
| Quarter of Section 12 a distance of 432.21 feet to an iron pin. | 44184 |
| 3) Thence, N 87°50'00" W and parallel with the north line of | 44185 |
| the Southwest Quarter of Section 12 a distance of 2,621.13 feet to | 44186 |
| a point on the Southwest Quarter of Section 12, | 44187 |
| 4) Thence, N 3°01'41" E along the west line of the Southwest | 44188 |
| Quarter of Section 12 a distance of 432.23 feet to the PLACE OF | 44189 |
| BEGINNING containing 26.000 acres, more or less. All iron pins set | 44190 |
| are a 5/8 inch iron bar, 30 inches in length, with a yellow | 44191 |
| plastic cap marked "RUDOLPH 6449". | 44192 |
| Basis of Bearings: Survey "MM" 491 Wayne County Survey | 44193 |
| Records, S 87°50'00" E on the north line of the Southwest Quarter | 44194 |
| of Section 12, Wooster Township. This description prepared from a | 44195 |
| field survey by: R.G. Rudolph Surveying, Inc. by: RONALD G. | 44196 |
| RUDOLPH P.S. 6449, January 5, 1995, Job No. 8441. See Wayne County | 44197 |
| Survey Record Volume "NN" Page 412. Prior Instrument Reference: | 44198 |
| Volume 720, Page 770, of the Deed Records of Wayne County, Ohio. | 44199 |
| Parcel Number 5602376004 | 44200 |
| (B) Consideration for the conveyance of the real estate | 44201 |
| described in division (A) of this section is a purchase price | 44202 |
| equal to the appraised value of the real estate plus the cost of | 44203 |
| the appraisal of the real estate. | 44204 |
| (C) Upon payment of the purchase price, the Auditor of State, | 44205 |
| with the assistance of the Attorney General, shall prepare a deed | 44206 |
| to the real estate described in division (A) of this section. The | 44207 |
| deed shall state the consideration. The deed shall be executed by | 44208 |
| the Governor in the name of the state, countersigned by the | 44209 |
| Secretary of State, sealed with the Great Seal of the state, and | 44210 |
| presented for recording in the Office of the Auditor of State. | 44211 |
| Wayne County Community Improvement Corporation shall present the | 44212 |
| deed for recording in the office of the Wayne County Recorder. | 44213 |
| (D) The net proceeds of the sale of the real estate described | 44214 |
| in division (A) of this section shall be deposited in the state | 44215 |
| treasury to the credit of the Residential Facilities Support Fund | 44216 |
| 152 within the Department of Mental Retardation and Developmental | 44217 |
| Disabilities. | 44218 |
| (E) This section shall expire two years after its effective | 44219 |
| date. | 44220 |
| Section 755.03. (A) There is hereby created the Ohio | 44221 |
| Transportation Task Force consisting of the following twenty-four | 44222 |
| members: three members of the House of Representatives, all of | 44223 |
| whom shall be appointed by the Speaker of the House of | 44224 |
| Representatives and not more than two of whom shall be from the | 44225 |
| same political party as the Speaker of the House of | 44226 |
| Representatives; three members of the Senate, all of whom shall be | 44227 |
| appointed by the President of the Senate and not more than two of | 44228 |
| whom shall be from the same political party as the President of | 44229 |
| the Senate; the Director of Development or the Director's | 44230 |
| designee; the Director of Public Safety or the Director's | 44231 |
| designee; the Director of Transportation or the Director's | 44232 |
| designee; the Superintendent of the State Highway Patrol or the | 44233 |
| Superintendent's designee; nine members appointed jointly by the | 44234 |
| Speaker of the House of Representatives and the President of the | 44235 |
| Senate, with each such member being selected from a list of three | 44236 |
| individuals with the Ohio Aggregates Association, the Ohio Coal | 44237 |
| Association, the Ohio Farm Bureau, the Ohio Trucking Association, | 44238 |
| the County Engineers Association of Ohio, the Ohio Municipal | 44239 |
| League, the Ohio Township Association, the Ohio Association of | 44240 |
| Regional Councils, and the Ohio Manufacturers' Association each | 44241 |
| submitting such a list to the Speaker of the House of | 44242 |
| Representatives and the President of the Senate for their | 44243 |
| consideration; three additional members appointed jointly by the | 44244 |
| Speaker of the House of Representatives and the President of the | 44245 |
| Senate, with one member representing the industry that transports | 44246 |
| freight by air, one member representing the industry that | 44247 |
| transports freight by water, and one member representing the | 44248 |
| industry that transports freight by rail; and one person appointed | 44249 |
| by the Speaker of the House of Representatives and one person | 44250 |
| appointed by the President of the Senate, both of whom shall | 44251 |
| represent the general public. | 44252 |
| All initial appointments to the Task Force shall be made not | 44253 |
| later than sixty days after the effective date of this section. | 44254 |
| Vacancies shall be filled in the same manner provided for original | 44255 |
| appointments. | 44256 |
| The Speaker of the House of Representatives and the President | 44257 |
| of the Senate each shall appoint a co-chairperson of the Task | 44258 |
| Force from among the appointees who are members of their | 44259 |
| respective chambers of the General Assembly. The Task Force may | 44260 |
| elect from among its members any other officers it considers | 44261 |
| advisable. The co-chairpersons shall call the first meeting of the | 44262 |
| Task Force not later than thirty days after the last member has | 44263 |
| been appointed. | 44264 |
| The Legislative Service Commission shall provide any staff or | 44265 |
| services the Task Force may require. | 44266 |
| (B) The Task Force shall examine and evaluate the state's | 44267 |
| ability to provide for the safe and efficient movement of freight | 44268 |
| within this state during the next two decades including all of the | 44269 |
| following: | 44270 |
| (1) The state's policies on transportation infrastructure | 44271 |
| development, funding, and investment; | 44272 |
| (2) The benefits of public investment in transportation | 44273 |
| infrastructure; | 44274 |
| (3) The statutes and rules that impact the transportation of | 44275 |
| freight, including the weight provisions and permit requirements | 44276 |
| of existing law. | 44277 |
| The Task Force shall make recommendations to enhance the | 44278 |
| state's ability to provide for the safe and efficient movement of | 44279 |
| freight within this state during that future time period. | 44280 |
| The Task Force also may consider or evaluate existing | 44281 |
| statewide freight studies and data, Ohio Department of | 44282 |
| Transportation policies on safety and congestion, multi-modal | 44283 |
| projects, national freight perspectives, transportation | 44284 |
| initiatives of other states in these areas, and potential revenue | 44285 |
| options. The Task Force may evaluate these items to determine how | 44286 |
| they may affect the state's ability to provide for the safe and | 44287 |
| efficient movement of freight within this state during the next | 44288 |
| two decades. | 44289 |
| (C) Not later than December 15, 2007, the Task Force shall | 44290 |
| issue a report containing its findings and recommendations. The | 44291 |
| Task Force shall send a copy of the report to the Speaker of the | 44292 |
| House of Representatives, the Minority Leader of the House of | 44293 |
| Representatives, the President of the Senate, the Minority Leader | 44294 |
| of the Senate, and the Governor. Upon issuance of the report, the | 44295 |
| Task Force shall cease to exist. | 44296 |
| Section 757.03. The Tax Commissioner's certification to the | 44297 |
| Department of Education in 2006 for the data described in division | 44298 |
| (A)(6) of section 3317.021 of the Revised Code shall be made on or | 44299 |
| before August 1, 2006. | 44300 |
| Section 757.05. A person that paid the registration fee | 44301 |
| under section 5751.04 of the Revised Code before December 1, 2005, | 44302 |
| but subsequently determines the person is not subject to the tax | 44303 |
| imposed under Section 557.09 of Am. Sub. H.B. 66 of the 126th | 44304 |
| General Assembly and the tax imposed under Chapter 5751. of the | 44305 |
| Revised Code is entitled to a refund of the registration fee in | 44306 |
| the manner prescribed by section 5751.08 of the Revised Code, as | 44307 |
| an erroneous payment of tax, if the person cancels the person's | 44308 |
| registration before May 10, 2006. Such a person is not subject to | 44309 |
| the minimum tax imposed under Section 557.09 of Am. Sub. H.B. 66 | 44310 |
| of the 126th General Assembly for the semi-annual period from July | 44311 |
| 1, 2005, through December 31, 2005, or the minimum tax imposed | 44312 |
| under section 5751.03 of the Revised Code for calendar year 2006. | 44313 |
| No refund shall be issued under this section to any person that | 44314 |
| was allowed a credit for the registration fee against the person's | 44315 |
| tax liability for any tax period. | 44316 |
| Section 757.06. (A) As used in this section, "qualified | 44317 |
| property" means real and tangible personal property that satisfies | 44318 |
| all of the following qualifications: | 44319 |
| (1) The property is currently owned by an entity defined | 44320 |
| under division (D)(1) of section 5709.07 of the Revised Code; | 44321 |
| (2) The current owner purchased the property from an entity | 44322 |
| defined under division (D)(1) of section 5709.07 of the Revised | 44323 |
| Code; and | 44324 |
| (3) The property was exempted from taxation under division | 44325 |
| (A)(2) of section 5709.07 of the Revised Code before the previous | 44326 |
| owner's acquisition of the property. | 44327 |
| (B) Notwithstanding division (A) of section 5715.27 of the | 44328 |
| Revised Code, when qualified property has not received tax | 44329 |
| exemption for tax year 2003 due to a failure to timely file an | 44330 |
| application for exemption for that year, the previous owner of the | 44331 |
| property, at any time on or before sixty days after the effective | 44332 |
| date of this section, may file with the Tax Commissioner an | 44333 |
| application requesting that, pursuant to this section, the | 44334 |
| property be placed on the tax exempt list and that all unpaid | 44335 |
| taxes, penalties, and interest on the property for tax year 2003 | 44336 |
| be abated. | 44337 |
| (C) Upon receipt of the application and after consideration | 44338 |
| of it, the Tax Commissioner shall determine if the applicant meets | 44339 |
| the qualifications set forth in this section, and if so shall | 44340 |
| issue an order directing that the property be placed on the tax | 44341 |
| exempt list of the county for tax year 2003 and that all unpaid | 44342 |
| taxes, penalties, and interest for that year be abated, but only | 44343 |
| if the Commissioner finds that the property met the qualifications | 44344 |
| for exemption under division (A)(2) of section 5709.07 of the | 44345 |
| Revised Code for tax year 2003. | 44346 |
| (D) The Tax Commissioner may apply this section to any | 44347 |
| qualified property that is the subject of an application for | 44348 |
| exemption pending before the Tax Commissioner on the effective | 44349 |
| date of this section, without requiring the property owner to file | 44350 |
| an additional application, but only if the applicant files a | 44351 |
| notice with the Tax Commissioner requesting consideration under | 44352 |
| this section before this section expires. | 44353 |
| (E) This section expires six months after the effective date | 44354 |
| of this section. | 44355 |
| Section 757.09. (A) As used in this section, "qualified | 44356 |
| property" means real and tangible personal property that satisfies | 44357 |
| all of the following conditions: | 44358 |
| (1) The property is currently owned by a municipal | 44359 |
| corporation; | 44360 |
| (2) The current owner of the property acquired the property | 44361 |
| from an entity that operated a hospital and that was exempt from | 44362 |
| taxation under section 501(c)(3) of the Internal Revenue Code of | 44363 |
| 1986; and | 44364 |
| (3) That entity had previously filed an application for | 44365 |
| exemption that was dismissed after the property was transferred to | 44366 |
| the municipal corporation. | 44367 |
| (B) Notwithstanding section 5713.081 and division (A) of | 44368 |
| section 5715.27 of the Revised Code, when qualified property has | 44369 |
| not received an exemption from taxation for tax years 2001 through | 44370 |
| 2004 due to the dismissal of a timely filed application for | 44371 |
| exemption filed after the qualified property had been transferred | 44372 |
| to the current owner and if the qualified property otherwise | 44373 |
| satisfied the qualifications for exemption under section 5709.12 | 44374 |
| or 5709.121 of the Revised Code for those years, the prior owner | 44375 |
| of the property, at any time on or before sixty days after the | 44376 |
| effective date of this section, may file an application with the | 44377 |
| Tax Commissioner requesting that, pursuant to this section, the | 44378 |
| property be placed on the tax exempt list of the county and that | 44379 |
| unpaid taxes, penalties, and interest on the property for those | 44380 |
| years be abated or remitted. | 44381 |
| (C) Upon receiving an application filed pursuant to this | 44382 |
| section, the Tax Commissioner shall determine if the qualified | 44383 |
| property that is the subject of the application satisfied the | 44384 |
| qualifications for exemption under section 5709.12 or 5709.121 of | 44385 |
| the Revised Code for tax years 2001 through 2004 and whether the | 44386 |
| applicant satisfies the other qualifications set forth in this | 44387 |
| section, and if the qualified property qualified for exemption and | 44388 |
| the applicant satisfies those other qualifications, the | 44389 |
| Commissioner shall issue an order directing that the property be | 44390 |
| placed on the tax exempt list of the county for tax years 2001 | 44391 |
| through 2004 and that all unpaid taxes, penalties, and interest | 44392 |
| for those years be abated or remitted. | 44393 |
| (D) The Tax Commissioner may apply this section to any | 44394 |
| qualified property that is the subject of an application for | 44395 |
| exemption pending before the Commissioner on the effective date of | 44396 |
| this section without requiring that the prior owner of the | 44397 |
| qualified property file an additional application so long as the | 44398 |
| prior owner files a notice with the Tax Commissioner requesting | 44399 |
| consideration of the pending application under this section prior | 44400 |
| to the expiration date of this section. | 44401 |
| (E) This section expires on the last day of the sixth month | 44402 |
| following the effective date of this section. | 44403 |
| Section 757.09.03. The amendment by this act of section | 44404 |
| 5709.08 of the Revised Code is a clarification of existing law and | 44405 |
| shall apply to all applications for a tax exemption pending on the | 44406 |
| amendment's effective date or filed with the Tax Commissioner on | 44407 |
| or after that date. | 44408 |
| Section 757.12. Section 5709.081 of the Revised Code, as | 44409 |
| amended by this act, is remedial in nature and applies to the tax | 44410 |
| years at issue in any application for exemption from taxation | 44411 |
| pending before the Tax Commissioner, the Board of Tax Appeals, any | 44412 |
| Court of Appeals, or the Supreme Court on the effective date of | 44413 |
| this section and to the property that is the subject of the | 44414 |
| application. | 44415 |
| Section 757.15. Section 5725.222 of the Revised Code, as | 44416 |
| enacted by this act, applies to taxes due or paid before, on, or | 44417 |
| after the effective date of that section, but no statute of | 44418 |
| limitation under division (A) or (B) of that section shall expire | 44419 |
| before thirty days after the effective date of that section. | 44420 |
| Section 757.18. Section 5729.102 of the Revised Code, as | 44421 |
| enacted by this act, applies to taxes due or paid before, on, or | 44422 |
| after the effective date of that section, but no statute of | 44423 |
| limitation under division (A) or (B) of that section shall expire | 44424 |
| before thirty days after the effective date of that section. | 44425 |
| Section 757.21. The credit allowed under section 5733.56 of | 44426 |
| the Revised Code for providing programs to aid the communicatively | 44427 |
| impaired shall be allowed in tax year 2006 and thereafter based on | 44428 |
| the amendments made to sections 4905.79, 5733.01, 5733.56, and | 44429 |
| 5733.98 of the Revised Code by this act. | 44430 |
| Section 757.24. (A) As used in this section, "qualifying | 44431 |
| year" and "qualifying certificate" have the same meanings as in | 44432 |
| division (F)(2)(z)(ii) of section 5751.01 of the Revised Code. | 44433 |
| (B) An application for a qualifying certificate for | 44434 |
| qualifying year 2007 shall be filed on or before September 1, | 44435 |
| 2006, in accordance with the procedures prescribed in division | 44436 |
| (F)(2)(z)(i)(VI) of section 5751.01 of the Revised Code. | 44437 |
| Section 803.03. The amendment by this act of section 9.901 of | 44438 |
| the Revised Code neither confirms nor orders the implementation of | 44439 |
| the provisions of the section that have become law but that are | 44440 |
| not effective because of Section 611.03 of H.B. 66 of the 126th | 44441 |
| General Assembly. The provisions of section 9.901 of the Revised | 44442 |
| Code that have become law but that are not effective because of | 44443 |
| Section 611.03 of H.B. 66 of the 126th General Assembly continue | 44444 |
| not in effect, pending enactment of a law confirming and ordering | 44445 |
| their implementation as contemplated by the latter section. The | 44446 |
| not-in-effect provisions of section 9.901 of the Revised Code are | 44447 |
| presented in this act in compliance with the substantive rule of | 44448 |
| form contained in the second sentence of Ohio Constitution, | 44449 |
| Article II, Section 15(D) and to negate any implication they are | 44450 |
| being repealed. | 44451 |
| Section 806.03. The items of law of which the sections of law | 44452 |
| contained in this act are composed, and their applications, are | 44453 |
| independent and severable. If any item of law that constitutes the | 44454 |
| whole or part of a section of law contained in this act, or if any | 44455 |
| application of any item of law that constitutes the whole or part | 44456 |
| of a section of law contained in this act, is held invalid, the | 44457 |
| invalidity does not affect other items of law or applications of | 44458 |
| items of law that can be given effect without the invalid item of | 44459 |
| law or application. | 44460 |
| Section 812.03. Except as otherwise specifically provided in | 44461 |
| this act, the amendment or enactment of the sections of law | 44462 |
| contained in this act, and the items of law of which the | 44463 |
| amendments or enactments are composed, are subject to the | 44464 |
| referendum. Therefore, under Ohio Constitution, Article II, | 44465 |
| Section 1c and section 1.471 of the Revised Code, the amendment or | 44466 |
| enactment of the sections of law contained in this act, and the | 44467 |
| items of law of which the amendments or enactments are composed, | 44468 |
| take effect on the ninety-first day after this act is filed with | 44469 |
| the Secretary of State. If, however, a referendum petition is | 44470 |
| filed against any such amendment or enactment, or against any item | 44471 |
| of law of which any such amendment or enactment is composed, the | 44472 |
| amendment or enactment, or item, unless rejected at the | 44473 |
| referendum, takes effect at the earliest time permitted by law. | 44474 |
| Section 812.06. Except as otherwise specifically provided in | 44475 |
| this act, the repeal by this act of a section of law is subject to | 44476 |
| the referendum. Therefore, under Ohio Constitution, Article II, | 44477 |
| Section 1c and section 1.471 of the Revised Code, the repeal by | 44478 |
| this act of a section of law takes effect on the ninety-first day | 44479 |
| after this act is filed with the Secretary of State. If, however, | 44480 |
| a referendum petition is filed against any such repeal, the | 44481 |
| repeal, unless rejected at the referendum, takes effect at the | 44482 |
| earliest time permitted by law. | 44483 |
| Section 812.09. The amendment or enactment by this act of the | 44484 |
| sections of law listed in this section, and the items of law of | 44485 |
| which the amendments or enactments are composed, are subject to | 44486 |
| the referendum. Therefore, under Ohio Constitution, Article II, | 44487 |
| Section 1c and section 1.471 of the Revised Code, the amendments | 44488 |
| or enactments, and the items of law of which the amendments or | 44489 |
| enactments are composed, take effect as specified in this section. | 44490 |
| If, however, a referendum petition is filed against any such | 44491 |
| amendment or enactment, or against any item of law of which any | 44492 |
| such amendment or enactment is composed, the amendment or | 44493 |
| enactment, unless rejected at the referendum, goes into effect at | 44494 |
| the earliest time permitted by law that is on or after the | 44495 |
| effective date specified in this section. | 44496 |
| Sections 9.41, 113.09, 113.11, 113.12, 117.45 (126.35), | 44497 |
| 117.46 (126.36), 117.47 (126.37), 117.48 (126.38), 124.137, | 44498 |
| 124.138, 124.139, 124.14, 124.181, 124.182, 124.327, 124.384, | 44499 |
| 124.387, 124.389, 124.391, 124.821, 124.823, 124.84, 125.21, | 44500 |
| 126.07, 126.21, 126.22, 131.01, 131.33, 141.08, 141.10, 145.70, | 44501 |
| 742.57, 1523.02, 2503.20, 3307.32, 3309.68, 3701.041, 5115.04, | 44502 |
| 5505.27, and 5747.11 of the Revised Code take effect December 1, | 44503 |
| 2006. | 44504 |
| Section 515.03 of this act takes effect December 1, 2006. | 44505 |
| Section 812.12. The repeal by this act of the sections of | 44506 |
| law listed in this section is subject to the referendum. | 44507 |
| Therefore, under Ohio Constitution, Article II, Section 1c and | 44508 |
| section 1.471 of the Revised Code, the repeals take effect as | 44509 |
| specified in this section. If, however, a referendum petition is | 44510 |
| filed against any such repeal, the repeal, unless rejected at the | 44511 |
| referendum, goes into effect at the earliest time permitted by law | 44512 |
| that is on or after the effective date specified in this section. | 44513 |
| The repeal of section 4732.04 of the Revised Code takes | 44514 |
| effect July 1, 2007. | 44515 |
| Section 815.03. The amendment or enactment by this act of the | 44516 |
| sections of law listed in this section, and the items of law of | 44517 |
| which the amendments or enactments are composed, are not subject | 44518 |
| to the referendum. Therefore, under Ohio Constitution, Article II, | 44519 |
| Section 1d and section 1.471 of the Revised Code, the amendments | 44520 |
| or enactments, and the items of law of which the amendments or | 44521 |
| enactments are composed, go into immediate effect when this act | 44522 |
| becomes law. | 44523 |
| Sections 133.01, 133.06, 184.20, 2305.2341, 2923.46, 2925.44, | 44524 |
| 2933.43, 3301.0714, 3310.03, 3310.06, 3310.08, 3310.11, 3310.12, | 44525 |
| 3310.16, 3313.372, 3314.35, 3314.36, 3317.021, 3317.029, | 44526 |
| 3317.0216, 3318.052, 3745.114, 3769.087, 4781.04, 5111.011, | 44527 |
| 5111.0116, 5111.0117, 5111.0118, 5111.061, 5111.151, 5111.20, | 44528 |
| 5111.231, 5111.27, 5123.36, 5123.37, 5123.371, 5123.372, 5123.373, | 44529 |
| 5123.374, 5123.375, and 5919.19 of the Revised Code. | 44530 |
| The repeal and reenactment of section 3325.12 of the Revised | 44531 |
| Code. | 44532 |
| Sections 203.09, 203.12, 203.12.12, 203.45, 203.51, 203.54, | 44533 |
| 203.66, 203.69, 203.84, 203.87, 203.99.01, 203.99.30, 203.99.48, | 44534 |
| 206.03, 206.09, 206.09.12, 206.09.15, 206.09.36, 206.09.61, | 44535 |
| 206.09.63, 206.09.84, 206.16, 206.42, 206.42.09, 206.48, | 44536 |
| 206.66.22, 206.66.23, 206.66.36, 206.66.64, 206.66.66, 206.66.84, | 44537 |
| 206.66.91, 206.67.21, 206.99, 209.04, 209.06.06, 209.06.09, | 44538 |
| 209.09.06, 209.09.18, 209.15, 209.18, 209.18.09, 209.24, 209.30, | 44539 |
| 209.33, 209.36, 209.45, 209.63, 209.63.42, 209.64.60, 209.72, | 44540 |
| 209.75, 209.78.03, 209.81, 212.03, 212.24, 212.27, 212.30, 212.33, | 44541 |
| 557.12, and 612.36.03 of Am. Sub. H.B. 66 of the 126th General | 44542 |
| Assembly. | 44543 |
| Sections 203.06.06 and 203.06.24 of Am. Sub. H.B. 68 of the | 44544 |
| 126th General Assembly. | 44545 |
| Sections 506.03, 512.03, 512.03.03, 512.06, 512.12, 512.15, | 44546 |
| 512.18, 515.06, 606.18.03, 606.18.06, 606.18.09, and 757.03 of | 44547 |
| this act. | 44548 |
| Sections 815.03, 815.06, 815.09, 821.03, 821.06.06, 821.09, | 44549 |
| 827.03, and 831.03 of this act. | 44550 |
| Section 815.06. The repeal by this act of the sections of law | 44551 |
| listed in this section is not subject to the referendum. | 44552 |
| Therefore, under Ohio Constitution, Article II, Section 1d and | 44553 |
| section 1.471 of the Revised Code, the repeals go into immediate | 44554 |
| effect when this act becomes law. | 44555 |
| Section 3325.17 of the Revised Code. | 44556 |
| Section 315.03 of Am. Sub. H.B. 66 of the 126th General | 44557 |
| Assembly. | 44558 |
| Section 815.09. The amendment or enactment by this act of the | 44559 |
| sections of law listed in this section, and the items of law of | 44560 |
| which the amendments or enactments are composed, are not subject | 44561 |
| to the referendum. Therefore, under Ohio Constitution, Article II, | 44562 |
| Section 1d and section 1.471 of the Revised Code, the amendments | 44563 |
| or enactments, and the items of law of which amendments or | 44564 |
| enactments are composed, go into effect as specified in this | 44565 |
| section. | 44566 |
| Sections 5111.081 (5111.942), 5111.082 (5111.081), 5111.083 | 44567 |
| (5111.082), 5111.084 (5111.083), 5111.085 (5111.084), 5111.941, | 44568 |
| 5111.943, 5112.08, and 5112.18 of the Revised Code take effect | 44569 |
| July 1, 2006. | 44570 |
| Sections 206.66.85 and 206.67.15 of Am. Sub. H.B. 66 of the | 44571 |
| 126th General Assembly take effect July 1, 2006. | 44572 |
| Section 818.03. The amendment or enactment by this act of the | 44573 |
| sections of law listed in this section, and the items of law of | 44574 |
| which the amendments or enactments are composed, provide for or | 44575 |
| are essential to implementation of a tax levy. Therefore, under | 44576 |
| Ohio Constitution, Article II, Section 1d, the amendments and | 44577 |
| enactments, and the items of which the amendments and enactments | 44578 |
| are composed, are not subject to the referendum and go into | 44579 |
| immediate effect when this act becomes law. | 44580 |
| Sections 122.17, 122.171, 133.04, 133.18, 307.761, 5701.11, | 44581 |
| 5705.03, 5705.19, 5705.195, 5705.34, 5709.08, 5709.081, 5709.40, | 44582 |
| 5709.42, 5709.43, 5709.73, 5709.74, 5709.75, 5709.78, 5709.79, | 44583 |
| 5709.80, 5711.01, 5725.221, 5725.222, 5725.98, 5727.06, 5727.85, | 44584 |
| 5729.05, 5729.101, 5729.102, 5729.98, 5733.352, 5739.026, 5743.15, | 44585 |
| 5743.18, 5745.01, 5747.012, 5747.05, 5747.056, 5747.331, 5748.02, | 44586 |
| 5751.011, 5751.032, 5751.04, 5751.05, 5751.051, 5751.10, 5751.20, | 44587 |
| 5751.21, 5751.22, and 5751.53 of the Revised Code. | 44588 |
| Sections 757.05, 757.06, 757.09, 757.09.03, 757.12, 757.15, | 44589 |
| 757.18, and 831.06 of this act. | 44590 |
| Sections 818.03, 821.06, and 821.06.03 of this act. | 44591 |
| Section 821.03. (A) Except as otherwise provided in division | 44592 |
| (B) of this section, the amendments by this act to sections | 44593 |
| 124.09, 124.11, 124.151, 124.152, 124.18, 124.321, 124.382, | 44594 |
| 124.82, and 3917.04 of the Revised Code are subject to the | 44595 |
| referendum. Therefore, under Ohio Constitution, Article II, | 44596 |
| Section 1c and section 1.471 of the Revised Code, the amendments | 44597 |
| take effect on the ninety-first day after this act is filed with | 44598 |
| the Secretary of State. If, however, a referendum petition is | 44599 |
| filed against an amendment, the amendment, unless rejected at the | 44600 |
| referendum, takes effect at the earliest time permitted by law. | 44601 |
| (B) The amendments by this act to sections 124.09, 124.11, | 44602 |
| 124.151, 124.152, 124.18, 124.321, 124.382, 124.82, and 3917.04 of | 44603 |
| the Revised Code that change references to the "warrant of the | 44604 |
| auditor of state" to the "warrant of the director of budget and | 44605 |
| management," or add references to the "warrant of the director of | 44606 |
| budget and management," are subject to the referendum. Therefore, | 44607 |
| under Ohio Constitution, Article II, Section 1c and section 1.471 | 44608 |
| of the Revised Code, the amendments take effect on December 1, | 44609 |
| 2006. If, however, a referendum petition is filed against an | 44610 |
| amendment, the amendment, unless rejected at the referendum, takes | 44611 |
| effect at the earliest time that is on or after the effective date | 44612 |
| specified in this division. | 44613 |
| Until December 1, 2006, the references in section 3917.04 of | 44614 |
| the Revised Code to the "warrant of the director of budget and | 44615 |
| management" shall be construed as references to the "warrant of | 44616 |
| the auditor of state." | 44617 |
| Section 821.06. (A) Except as otherwise provided in division | 44618 |
| (B) of this section, the amendments by this act to section 5747.01 | 44619 |
| of the Revised Code provide for or are essential to implementation | 44620 |
| of a tax levy. Therefore, under Ohio Constitution, Article II, | 44621 |
| Section 1d, the amendments are not subject to the referendum and | 44622 |
| go into immediate effect when this act becomes law. | 44623 |
| (B) The amendments adding divisions (A)(22) and (23) to | 44624 |
| section 5747.01 of the Revised Code are subject to the referendum. | 44625 |
| Therefore, under Ohio Constitution, Article II, Section 1c, the | 44626 |
| amendments take effect on the ninety-first day after this act is | 44627 |
| filed with the Secretary of State. If, however, a referendum | 44628 |
| petition is filed against either amendment, the amendment, unless | 44629 |
| rejected at the referendum, takes effect at the earliest time | 44630 |
| permitted by law. | 44631 |
| Section 821.06.03. (A) Except as otherwise provided in | 44632 |
| division (B) of this section, the amendments by this act to | 44633 |
| section 5751.01 of the Revised Code, provide for or are essential | 44634 |
| to implementation of a tax levy. Therefore, under Ohio | 44635 |
| Constitution, Article II, Section 1d, the amendments are not | 44636 |
| subject to the referendum and go into immediate effect when this | 44637 |
| act becomes law. | 44638 |
| (B) The amendment of this act adding division (F)(2)(z) to | 44639 |
| section 5751.01 of the Revised Code is subject to the referendum. | 44640 |
| Therefore, under Ohio Constitution, Article II, Section 1c and | 44641 |
| section 1.471 of the Revised Code, the amendment takes effect | 44642 |
| January 1, 2007. If, however, a referendum petition is filed | 44643 |
| against the amendment, the amendment, unless rejected at the | 44644 |
| referendum, goes into effect at the earliest time permitted by law | 44645 |
| that is on or after the effective date specified in this division. | 44646 |
| Section 821.06.06. (A) Except as otherwise provided in | 44647 |
| division (B) of this section, the amendments by this act to | 44648 |
| Sections 206.09.39 and 206.09.42 of Am. Sub. H.B. 66 of the 126th | 44649 |
| General Assembly are not subject to the referendum. Therefore, | 44650 |
| under Ohio Constitution, Article II, Section 1d, and section 1.471 | 44651 |
| of the Revised Code, the amendments go into immediate effect when | 44652 |
| this act becomes law. | 44653 |
| (B) The amendments by this act to division (B)(1)(e) of | 44654 |
| Section 206.09.39 and division (B)(1)(e) of Section 206.09.42 of | 44655 |
| Am. Sub. H.B. 66 of the 126th General Assembly are subject to the | 44656 |
| referendum. Therefore, under Ohio Constitution, Article II, | 44657 |
| Section 1c, and section 1.471 of the Revised Code, the amendments | 44658 |
| take effect on the ninety-first day after this act is filed with | 44659 |
| the Secretary of State. If, however, a referendum petition is | 44660 |
| filed against either amendment, the amendment, unless rejected at | 44661 |
| the referendum, takes effect at the earliest time permitted by | 44662 |
| law. | 44663 |
| Section 821.09. (A) Except as otherwise provided in division | 44664 |
| (B) of this section, the amendments by this act to Section 206.66 | 44665 |
| of Am. Sub. H.B. 66 of the 126th General Assembly are not subject | 44666 |
| to the referendum. Therefore, under Ohio Constitution, Article II, | 44667 |
| Section 1d, and section 1.471 of the Revised Code, the amendments | 44668 |
| go into immediate effect when this act becomes law. | 44669 |
| (B) The amendments by this act to Section 206.66 of Am. Sub. | 44670 |
| H.B. 66 of the 126th General Assembly that adjust appropriation | 44671 |
| items 600-623, Health Care Federal, and 600-692, Prescription Drug | 44672 |
| Rebate-State creates item 600-639, Medicaid Revenue Collections, | 44673 |
| are not subject to the referendum. Therefore, under Ohio | 44674 |
| Constitution, Article II, Section 1d, and section 1.471 of the | 44675 |
| Revised Code, the amendments take effect July 1, 2006. | 44676 |
| Section 827.03. The amendment of Section 612.36.03 of Am. | 44677 |
| Sub. H.B. 66 of the 126th General Assembly by sections 606.17 and | 44678 |
| 606.18 of this act, intended to accelerate the effective date of | 44679 |
| the amendments to divisions (A) and (I) of section 3301.0711 of | 44680 |
| the Revised Code, by Am. Sub. H.B. 66 of the 126th General | 44681 |
| Assembly, from July 1, 2006, to the effective date of this | 44682 |
| section. | 44683 |
| Section 831.03. The General Assembly, applying the principle | 44684 |
| stated in division (B) of section 1.52 of the Revised Code that | 44685 |
| amendments are to be harmonized if reasonably capable of | 44686 |
| simultaneous operation, finds that the following sections, | 44687 |
| presented in this act as composites of the sections as amended by | 44688 |
| the acts indicated, are the resulting versions of the sections in | 44689 |
| effect prior to the effective date of the sections as presented in | 44690 |
| this act: | 44691 |
| Section 109.572 of the Revised Code as amended by both Am. | 44692 |
| Sub. H.B. 11 and Am. Sub. H.B. 117 of the 125th General Assembly | 44693 |
| and Am. Sub. H.B. 68 of the 126th General Assembly. | 44694 |
| Section 133.04 of the Revised Code as amended by both Am. | 44695 |
| H.B. 76 and Am. Sub. S.B. 3 of the 123rd General Assembly. | 44696 |
| Section 2913.01 of the Revised Code as amended by Am. Sub. | 44697 |
| H.B. 361, Am. Sub. H.B. 369, Sub. H.B. 536, and Am. Sub. S.B. 146, | 44698 |
| all of the 125th General Assembly. | 44699 |
| Section 4731.22 of the Revised Code as amended by both Sub. | 44700 |
| H.B. 126 and Am. Sub. S.B. 80 of the 125th General Assembly. | 44701 |
| Section 5709.73 of the Revised Code as amended by both Am. | 44702 |
| Sub. H.B. 66 and Sub. S.B.107 of the 126th General Assembly. | 44703 |
| Section 5735.27 of the Revised Code as amended by both Am. | 44704 |
| Sub. H.B. 68 and Sub. S.B. 107 of the 126th General Assembly. | 44705 |
| Section 5743.081 of the Revised Code as amended by both Sub. | 44706 |
| S.B. 200 and Am. Sub. S.B. 261 of the 124th General Assembly. | 44707 |
| The finding in this section takes effect at the same time as | 44708 |
| the section referenced in the finding takes effect. | 44709 |
| Section 831.06. The amendments by this act of the first | 44710 |
| paragraph of division (F) of section 5751.01, of division | 44711 |
| (F)(2)(w) of section 5751.01, of the first paragraph of section | 44712 |
| 5751.032, and of divisions (A)(7) and (A)(8)(c) of section | 44713 |
| 5751.032 of the Revised Code are nonsubstantive corrections of | 44714 |
| errors in Chapter 5751. of the Revised Code. | 44715 |